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Agenda 1995 10-02 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC OCTOBER 2,.1995 6:30 P.M. I MEETING CALLED TO ORDER: Chairman Robert G. Greer ~ INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes per item) APPROVAL OF CONSENT AGENDA r ESTIMATED ITEMS OF BUSINESS PAGE NO. TIMES r •45pm Pre t ti f h i i i h d' - sen a on o t e D st ngu s e Budget Presentation i Aw d to th B d t° D a rif fo a ' ' ,1 ~, ~ ~ ar e u ge ep rtme r, Fisc l•,Year . , . k . beginning July' 1; 1994 ~ t - , ' ' _ ~ A : _ . • ~~ ~' 6:SOprn,t ` ~ Presentation.ofthe Certif cate of Achievementafor ..« . ., Excellence in Financial Reporting to the =Finance . ~ 3 ~r,~~ ~ ` ~ ' ~~ a ~~. Department for Fiscal Year :endm June 30 - .1994 g , ' b n 6:SSpm 3. Consideration of a resolution~regacding the provision 7 of services within_the, Urban .,Service District of the _ ~. ~ proposed consolidated government ~ • ~ ~ ~' 7: l Opm ~ ' 4. "Corsideration yofoptions. related to the construction 13 " ~~~ .,~ ~ bids for the Department of Social Services expansion ~ 7:30pm~ =S:,E°' °s..PublicHearin~s: - ` A. Special -Use Permit (5379, 9/95) Request by 17 _~ William and~Katherine Depuydt~'toxestall~sh ~ ~ - ~ " .. .:~ - } t ' a child day care center housing up to 100 ' ~ , k ` ` - children at 6801 Carolina Beach Road. r ~ B. honing Text Amendment (A-264, 9/95) Request 23 by staff to substitute the word, "Urban Transition" for the word, "Transition" to bring the Ordinance t into compliance with the 1993 Land Use Plan. ' C. Private Road Naming to Bozeman Road Assignment 27 of House Numbers. D. a ue t eal nn c' of T e ~ ~, hen r ytir~~kc lnvc mt• 2~ Sand Hill Drive in Millbrook Subdivision 6. Meeting of the Water and Sewer District 35 ADDITIONAL ITEMS COUNTY COMMISSIONERS COUNTY MANAGER COUNTY ATTORNEY 8:30pm ADJOURN ~dd~~~~ /~~.~ ~, ~°w.. 3 , ~ __ ~ ~f ~ a: ~ S /~GT~I/VCL~ /Co~SS~~Y' ;.~Itr"fie-~'r~w4~-~/~~V ~or~~ ~-~-r f" C der mess /ergs re ~ ~~~a.~k. ~~.. ~Q~ral2 i~ iiWhi'~h ups ~ b~dr~heo' ~oC55 / " - /! ~c~ Clie-nf-s i ; . ~,~ f~~, ram : /~~af«f~ o» /~o~ ~/Da/yr ~ b~ ~l,S~r, ~r ~vY f i're ~~i~ c-f~~. v~ S9/o~~ oz~o lze~+...c. ~~ ~ ~~ `: • ~, . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC OCTOBER 2, 1995 6:30 P.M. ITEM NO. :. ..ITEMS. O~F BUSI•NESS ,~ , ~ , PAGE NO. 1. NON AGENDA ITEMS 2. Approval of Minutes 37 ADJOURN - NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA OCTOBER 2,1995 6:30 P.M ITEM NO. ITEMS OF BUSINESS PAGE NO. 1. , ~ Approval of Minutes ~ _ i~~ [,Q,6{ ~',Q,,~,Qt, fo p~QQ`' 41 ~~ 2. Approval of award of Bid #96-0066 and approval of Contract ~ 43 #96-0066 to Stryker Corporation for the purchase often stretchers - . 3. Approval of award of Bid #96-0065 and approval of Contract 61 #96-0065 to Springer-Eubank Oil Company to provide fuel services 4. Denial of request for waiver of tip fees for Luther T. Rogers 79 for old roofing shingles on River Road 5. Approval of Budget Amendments: A. #96-10 to budget interest earned on Computer Aided 81 Dispatch project. B. #96-11 to increase budget for insurance proceeds from 82 wrecked vehicle C. #96-12 to increase budget for additional revenue received 83 D. #96-0050 to budget additional revenue received from the 84 N. C. Department of Human Resources 6. Various grant applications for temporary cataloger 85 7. Conveyance of property to the New Hanover Community Health Center 99 . .REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: 1. Consent Item #: Additional Item #: Department: Presenter: Allen O'Neal '~ Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Presentation of the Distinguished Budget Presentation Award to the Budget Department for fiscal year beginning July 1, 1994 BRIEF SUMMARY: ' Notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the fourth consecutive year. The award is for New Hanover County's budget submitted for fiscal year beginning July 1, 1994. This award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, an operations guide, and a communication device. Award-winning documents must be rated "proficient" in all four categories. RECOMMENDED MOTION AND REQUESTED ACTIONS• ' Recommend the Distinguished Budget Presentation Award be presented to the Budget Director. ' k'UNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: C FIN: BUD: HR: . COUNTY MANAGER'S COMMENTS AND R ('nMMENDATION Award plaque to Cam Griffin. This is the fourth consecutive year the Department has act ueved awazd. ' I am very proud of this achievement and the hazd working and dedicated.B.udget.Dep CO~~~~ ~~~,i~~~0~~9~~~~RS I D 2~. ~ ~• ~- Refer to Office Vision Bulletin Board for Disposition h (~ N ~ ~ ~ J.J ~ y ~ 1~-+ °% ~ ~° a ~ ° ~ 3. ~. z o v a S a o 3~ v Q C ~~ ~ i~ cu ~ v L ~../ /'~ L (~ - 7r ~ L+ p• N -n ~ v ~ ~ ~ ~ 4. a~ c~ " ~ o ~ -v ~o u w a: . H ~~ ~rn 3 a~ v~ ., ~ ~ E . . a ax ~ ~. ~ .v ~, C Q a, c v .-~ - ~ ~. a, Q ~OZ ~ ° ~ ~ ~ ~ o > ~ o..o ~ ~ a .~ 00 t.J ~ ~ L. u 1.+ H ~ ,.0 ~ U ~, ~ --. ao u. ~ c° ~' 'd °a.' h b o .~ ~ ~ ~ ~ ~ //~~ L {-, ..La V ~.[~ h Z 0 Q U O v c ` ~ ~ ~ c c $ U (~ ~ O C d o ~ ~ ~ ~ o- ~ d ~ ~W Z `+J ~1 tat S Z tL _' ~ F ...~. •~ ~. 3 . ~M .. W . Q '~ _ ? o d Z ~ W o c~ v l { ~ REQUEST FOR BOARD ACTION _ ' Meetin Date: 10/02/95 1; - f Regular Item #: 2 Consent Item #: Additional Item #: Department: Presenter: Allen O'Neal Page-Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending June 30, 1994. RIEF ARY: r ' The Government Finance Officers Association of the United States and Canada awards certificates of :excellence to those governments that have issued financial statements that comply with rigorous standards established by the GFOA and the accounting professions. With this current award New Hanover County has received this certificate for 13 consecutive years. ~. _ k ~~ 1 1 RECOMMENDED MOTION AND R QUESTED ACTIONS• _ Present the certificate to Bruce Shell, CPA and Julianne Griffin, CPA. _. ') ~ . FUNDING SOURCES Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ' ~ REVIEWED BY: LGL: FIN: BUD: , HRH T AN E D RE D Present certificate. SRO . ~ . co~~~r ~~~~~~~~~ss~~~~~~ 3 ~0 2 ~_ Refer to Officc Vision Bulletin Board for Disposition ~+ GOVERNMENT FINANCE OFFICERS ASSOCIATION • 1,80 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 _ .~ July 28, 1995 Mr. Bruce T. Shell, CPA Finance Director •• New Hanover County 320 Chestnut Street Room 602 Wilmington, North Carolina 28401 Dear Mr. Shell: z_ We are pleased to notify you that your comprehensive annual financial report (CAFR) for_the fiscal•:year ended June 30, 1994 .qualifies for a Certificate of Achievement for Excellence in ~~Financial Reporting. The Certificate of•Achievement~is the" highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Congratu- lations for having satisfied the high standards of the program. We hope that your example will encourage others in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Each entity submitting a report to the ,Certificate of Achievement review process is provided with a "Summary of Grading Results" form and a confidential list of comments and suggestions for pos- sible improvements in its financial reporting techniques.- Your list has been enclosed. You are strongly encouraged toyimplement the recommended improvements into•the next report and submit it to the program. Accompanying future submissions should be your detailed response to each comment. appearing on the list. These responses will be provided to those Special Review Committee mem- ber's participating in the review. ., ~~ ~' ~~~ ~r ~ ° f~f`44°na ryn.` r ~+, , ~~. •~~~~ 4 ~ ~ ~ ,.~tr.;;~~~,~~ s ~~.: F ~' ~ e ~~ WASHINGTON OFFICE 1750,K Street, N.W., Suite.650, Washington, DC 20006 Mr. Bruce T. Shell, CPA 1 July 28, 1995 ~ ': Page 2 ' Your Certificate of Achievement plaque will be shipped under separate cover in about eight weeks. A holder of a current Certi- ficate of Achievement may include a reproduction of the award in its immediately subsequent CAFR. A camera ready copy of your certificate will be forwarded to you for this purpose under. separate cover in about eight weeks. A Certificate of Achievement is valid for a period of one year. To continue to participate in the Certificate of Achievement Pro- gram it will be necessary for you to submit your next CAFR to. our review process. In order to expedite your submission we have enclosed a Certificate of Achievement Program application form to facilitate a timely submission of your next report. This form should be completed and mailed (postmarked) with four .copies of your report, four copies ' of your application, four copies of-your written responses to the program's comments and suggestions for improvement from the prior year, and any other pertinent material with the appropriate fee by December 31, 1995. ; -~ - Y ti d i our con nue nterest in and support of the Certificate of Achievement program is most appreciated. If we may be of any further assistance, please contact Dorothy Ray or Kathleen ' Schultz. Sincerely; ' GO~FERNMENT FINANCE OFFICERS ASSOCIATION 0~ ,Stephen J. Gauthier ' Director/Technical Services Center . SJG/kas Enclosures r-~~ i ~ 5 Tliis page intentionally left blank , 6 fi REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: 3 Consent Item #: Additional Item #: Department: County Manager Presenter: Allen O'Neal .Page Count In Agenda Package: Contact: Dave Weaver SUBJECT: Consideration of Resolution Concerning the Provision of Urban Services in the Urban Service District of the Proposed Consolidated Government BRIEF SUMMARY: Staffhas prepared the attached draft resolution as a modification of a City of Wilmington resolution (also attached) concerning the above subject.. The City's resolution recommended that the Board of County Commissioners also adopt the City's resolution. The draft County's resolution differs from the City's resolution in several respects: 1) The Board states its commitment to the principle that citizens should receive the services they pay for. 2) The Board clearly states the requirements of State law and that the Board wi1T support provision of services as part of the Consolidated Government in full compliance with State law. The attached memo from Wanda Copley further explains the .law pertaining to this resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Board should consider adopting: the attached draft resolution and transmit the adopted resolution to the .City Council for its consideration. FUNDING SOURCE: Federal: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LLCrL-: FIN: BUD: N/A CGRIFFIN HR: N/A AMALLETT ~ COUNTY MANAGER'S COMMENTS AND R COMMENDATIONS• Consider adoption of the resolution or a varia 'on thereof. Please refer to the County Attorney's memo on this matter dated September 21, 19 Na his o~J ~ ~~r~~e ~ ~-~>I r o r e.~ v tl.. ~~~~ ~~~b~~~~~~~~~ 7 ~~. Refer to OtTice Vision Bulletin Board for Disposition ` ' - - `" y °,~ _ _.. RESOLUTION CONCERNING THE USE OF THE URBAN SERVICE DISTRICT FOR FINANCING THE URBAN SERVICES PROVIDED BY THE PROPOSED .CONSOLIDATED-GOVERNMENT , WHEREAS, the Joint Consolidation-Study Commission at its .initial .meeting endorsed the principal of a "single .tax rate" for all `property within the jurisdicton~of the consolidated government, . .except for the beach towns that provided their own municipal urban • ,services . ~ , ~ ~ + . _ WHEREAS, in its, subsequent deliberations, the !Commission ro rosed P P • a three-level 'service7taxation structure that would include a general district. The use of the urban service district would be ..the means of achieving..the-'single tax rate. - ~. WHEREAS, the Transition Board of the proposed Consolidated Government, composed of the Mayor, the City Council, and County Commissioners, would establish-the urban service district, its boundaries, and the urban services to be provided within it. If _ ~ the :urban service district. is established during :the 199.6-97 . transition year, it-would become effective-on July 1, 1997; WHEREAS, the Board of County Commissioners is fully committed to the principle that residents should receive the services for which they pay. ' WHEREAS, G.S. X60-B-9 (a) states: When a consolidated city- county defines a new urban service district, it shall provide or maintain the services, facilities, and functions for'whYch the -~ residents of the district are -being taxed within a reasonable ,time, • not to exceed one year, after the effective date of the definition of the district." WHEREAS, urban services, including water, sewer, drainage, street lighting,-and mass transit, can either be user fee supported with no tax support, or can be provided throughout the urban ~ service _ distri.c.t.within one year; - - • THEREFORE, BE IT RESOLVED that the Board of County Commissioners, who will be ,seated.-on the Transition Board. of the_•proposed Consolidated - Government,..; will ~ individually` support. the ~establisYiment ~of an urban service district to be effective on July 1, 1997, that.,;wih s~nclude all the .area of the current City of Wilmington and,pthe-• unincorporated area of the County, such an urban serv~c`e d ~~ tri~c~t~~rbe~i~ri'g; established' to provide uniform urban s vic~,es tha-t ~ -a•re tax-based, 'throughout the district within one y~ar ~of~-~i:ts~~esta:blis'}im~e'nt, in full compliance with State -law. ~, -.Uy~29.9:i le'~14 ti :lLJ,:'_as.. C11Y AT1'OhNEY P. 02 +^ U~v~ ~'~° City Council ~~~ ^j ~~~~~ City of Wilmington ' <,J1 ' N rth Ca'r~ol~i~~ ' TNTkObUCED BY: Charlecs H, Itivenbark. Couttcilmember Sepkember 19 , 199.5 RESOLU'1'lON CONCERN] NG THE USE 017 THE UR1311N SERVICE I7YSTRICT FOR 1~1'NANCING THIS: URBAN SERVICES PROV:IllLD BY THE PROPOSED CONSOLIDATED GOVERNMENT LEGISLATIVE INTEN'I'~PURPOSE: The Joint Consolidation Study Commission at its initial meeting endorsed t}ie principal of a "single Lax rate" for all property within the •jurisdiction of the consolidated gavern~tterit, except for the beach 1 towns that provided their own munica.pal urban services. Yn its subsequent deliberations, the Commission proposed a three-leve]. service/taxation structure LI~aL would include a genezal ~servi.ce district, an urban service district, and an urban fire district. The use of the urban service district would be the-means of achieving the single Lax rate. ' The Transition Board of the proposed Consolidated Government, composed of the Mayor, the City Council, and County Commigaonexs, ' would esL-ablish the urban service district.., i.ts .boundaries, and the urban services to be provided within i.L. If the urban service district is established durisig the 1996-97 transition year, it would become effective on July 1, 1997. The County Attorney and City Attorney in their joint memorandum of September ?, 1995 Lo the Mayor, Cit.•y Cvutlcil,• and County Cominissionez6 on the subject o!' the "Time Limit' Lor Providing Services to an Urban Service Di.sL•rict^ stated that: Lax-based 'services provided within L•he urban service district arc required by law to be provided "on a uniform basis throughout Lhe urban service distr.ic~", and that "L-he consolidated government- would be required to provide urban services within one year after the effective date of the establishment of an urban service district". RESOLVED: The MayoY and Members of the City Council, if r~cat.ed as the ' Transition Poard of the proposed Cansoli.daLed Government, will indiva.dually support the establishment of an urban service district to be effective on July J, 1997, that vrill include H11 of the area of L-he current City of Wilmington And Che utiincoi~,aratcd area of Llie C~urtty, such an urban service district_• be~na,' established L-o provide Lu7iform urban services throughout the dist~:~.ct within one year of its establishment.. ~ 9 - ~J'7/~V/'77 1u: 13 iV~~-:._~.,t•: ~~ilv Hl IVhNtY Y.uS . i~-~ r' • /` ~ - ~ - - A copy of this Resolution will be provided to the New Hanover Couni.y Board of Commissioners for their consideration, with the recommendation t.-hat they, as co-participants in the Coneol.a.dat:~.on Study Commission, -also' approve it:. . , t„ Don Bel:z, Mayor Adopted at: a regular:. ~ - ... maeting on Scup em ex ag~5- DST : . ~ ~ - ~~ (~ .~~i City.. Cle -k n- L. .. - - ;•, . .. .. ... , .~ • 10 ~ ~ t- NEW HANOVER COUNTY ^ INTER-OFFICE ^ _ri< :.u ..,.:.:.::.,..,...~::..A.:....:~::.:::..::...:....,.:.::..:..;,..~:.,.:...::. ::..:..::::....::..::.:.:...:.::::...:.:.::. y MO..,.:.,.,~~.,....::..., ~ .. :::..::.. ...~..._:.:.:...:..........:.,.a:.:..~:.:::..::::.,.~.....,~:....:.... ........:....:.. .av. . v...,........~.,... . 1 MEMORANDUM: TO: New Hanover County Commissioners ~(J FROM: Wanda M. Copley, County Attorney RE: Time Limit for Providing Services to an Urban Service District DATE: September 21, 1995 I have received numerous inquiries concerning the September 7, 1995 joint memorandum . that the City Attorney and I gave the respective Boards concerning the time limit for providing services to an Urban Service District. The applicable statute, G. S. 160B-9(a) states: (emphasis added) "When a consolidated city-county defines a new urban services district, it shall provide or maintain the services, facilities and functions for which the residents of the district are being taxed within a reasonable time, not to exceed one year after the effective date of the definition of the district." Simply put, should consolidation be approved, a new urban service district will be created on July 1, 1997. If the residents of the district are going to be taxed for any services provided to them, -then _ they must start receiving these services by July 1,1998. ~` An important point is that the Consolidated Board will determine which services wilt be ' provided to the district and whether or not those services will be tax-based or fee-based. For example, the Board could decide to charge a fee for street lights. Every resident in the urban service district would have to pay a fee to have a street light. You could not tax the residents of Forest Hills and charge a fee to the residents of Windemere for the lights. If the Board decided to tax the residents of the urban service district for street lights, it would have to provide street lights throughout the district because everyone in the district, not just Forest Hills, would be paying the same tax. There is no requirement that there be a street light in front of every house. A policy would need to be developed as to how many street lights would be provided within certain distances. Another example is public transportation. If the consolidated government subsidized the bus service with tax dollars, then the service must be available throughout the district. Again, the bus -does not have to go into every subdivision, but could travel the main thoroughfares. Trash service could be fee or tax based. Law enforcement would be tax-based, but the officers would be 11 . y er crime wherever needed, and more officers could be assigned to cover areas where high dispatched occurs. e that this interpretation of G. S. 160B-9(a) resolves any questions you might have. I hop Please let me know if you have additional questions. ' WMC/kc ~ , cc: County Manager Assistant County Manager ' Deputy County Manager Clerk to the Board .. `. i .. .. .. ~. "I ~~ 12 ~' t n C REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: 4 Consent Item #: Additional Item. #: Department: Engineering Presenter: George Shaw Page Count In Agenda Package: Contact: George Shaw SUBJECT: Consideration of options related to the construction bids for the Department of Social Services expansion. BRIEF SUMMARY: See attached summary. RE MENDED I N ND RE E ED TI~ Request that the Board move on one of the options.. - ~APd~O ~ . cou~~ c~~~~~~~~~~~~ .r ulvli><ivu avuxt,~,: ~ycdr+rr6e+nt Ca9~ls~si~-~ Federal $: State $: County $: 907000 User Fees $: Other $: Money Is In Current Budget: yes New Appropriation Request: no Budget Amendment Prepared: REVIEWED BY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONSL Please consider the alternatives and options. Option #5. (impact of welfare reform) should be discussed to -the extent possible given current information. As we all know, the impact of welfare reform is unclear and ambiguous at best. What I think is clear is that counties will be responsible for more, but it's unclear as to the independence and flexibility of the decision making process. It is my ecommendation the Board seriously consider expending the $21,806 to finish the 3700 square f Refcr to Office Vision Bulletin Board for Disposition . _ .-~,•_ . NEW NANO VER COUNTY - INTER-OFFICE ...-: ' ,. • =September 21, 1995 - • TO: Allen O'Neal County Manager ~- FROM: George Shaw P. E. •. Chief Project Engineer RE: DSS Expansion Agenda Item B-ids were received on June 21st for the DSS expansion project. The total of the three prime contract (General Construction, HVAC, Electrical) low bids was $1,105,950 or $198.,950 over the budget amount of $907,000. With Board approval, the General Construction contract was rebid on September 20 .and negotiations were undertaken with the HVAC and Electrical, low bidders. It was expected that by • ;-reducing ...the finished space of the expansion.. by ~3,700.SF,.the • ~ contract•could be•reduced to within the budget amount. The. total of the new low bid for General Construction and the negotiated amounts. f-.or •HVACr~and~Ealectrical is now $984, 309 • which is still t~.ai ~ ~ ~~,~~ ~-~r,-•, $ 7 7 , 3 0 9~oyver ~the:~ bujdge.t~ • _ _ ~ •~,y• • However, by~rebiddingf~the General Contract portion of the work and negotiatingxwh.'t_he~!HVAC and electrical contractors, the cost of comp~let*ingthe bu.' d .ng~ including all of the open office space, was reduced 'by T$'69;,3;9.,7i~ ::_In other words, the total cost to complete • the original scope of the• project has been reduced from the June 21 i bid total of $1,105,950 to $1,030,553. However, this is still $123,553 over the budget amount. ~- Before ..discussing the options, several points need- to-=be emphasized: . _ ._ . 1) When the budget for the project was .calculated, only a minimal. amount. of renovation work was considered. During the programming phase,•before design began, it became clear that significant changes needed to be made to the existing office space in conjunction with the expansion. The ,renovation 'portion is a significant .amount- of the total cost of this .project, perhaps. as much as 10$. • 14 . ~' . r.;.. J ~_ 'Allen O'Neal September 21, 1995 J y~ Page Two -, 2) The low bid for General Construction received at the re- bid opening was $797,757, which leaves 3700 SF t unfinished. The alternate price to finish this space is only $21,8A6 for a total of $819,563. The new base bid and alternate for GC work is $54, 437 less than the low GC bid on June 21. , 3) To complete the building, leaving 3700 SF of office space unfinished would cost approximately $984,309. This is $77,309 over the budget amount. It would cost $46,244 more to finish the 3700 SF of office space. This would ,~ raise the shortfall to $123,553. A few of the options to consider are: 1) ,~ Award contracts to_ finish the facility, including t finishing the 3700 SF of open office area, at a cost of '$1,082,080 (includes a 5$ contingency). x 2) Award contracts to complete the facility except for the . ,3700 SF of open office area, at a cost of $1,0.33,524 (includes a 5~ contingency)'. 3) Award contracts to build the facility but eliminate the renovation work and the open office area finishes. 4) Instruct the Architect to do whatever is necessary to bring the project within budget of $907,000. 5) Assess the possible consequences of recently adopted welfare reform legislation on the current project. Please call me if you have any questions. cc: Wyatt E. Blanchard Dave Weavex Andy Atkinson ' ~. James Oxendine Wayne , Morr-is . John Sawyer Cam G riffin Bruce Shell Wanda Copley ~~ GS/nf/1242 . I O~l'1, GDS _ , } , ~ ~ ~ 15 i ~~ . , ~ , ' 16 REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: SA Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 6 Contact: Pete Avery SUBJECT: ~ ' Special Use Permit - (S-379, 9/9S) BRIEF SUMMARY: Request by William and Katherine Depuydt to establish a child day care center housing up to 100 children at 6801 Carolina Beach Road. '~ ; , RECOMMENDED MOTION AND REQUESTED ACTIONS• Planning Board recommends approval. . -_... ~~ - . FUNDING SOURCE: Federal $: .State $: County $: User Fees $: Other $: '~ Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL. FIN. )3UD: HR: ~ ~~uu~arY ~~~ C~Pe~~~~S~~~~~~ :~ Referto Office Vision Bulletin Board for Disposition 17 .. Item A _ ~ : S-379, 9/95: Request b William and Katherine Du u dt to Establish a Child Da Care Facili Y P Y Y tY for up to _100 Children at 6801 Carolina Beach Road. , Planning Board Summary The Board voted 5 to 2 to recommend approval of the petition and site plan as submitted with the added condition that the entrances to the property be equipped with turning lanes and road tapers pursuant to standards of the North Carolina Department of Transportation. Members dissenting felt development of the site would create traffic safety problems, especially for northbound vehicles along Myrtle Grove Road, and that the use would be disruptive to nearby residential ' uses. ~ . Several.area property owners spoke in opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. M~~~ ~~` A. The site is located in the Feral-P~erirr't Volunteer Fire Department District. B. Water and sewer would have to be provided from private sources. The feasibility of this use on a septic'system is not known. C. The site has direct access to US 421 (Carolina Beach Road.) D. No known quantities of hazardous materials,are would be needed to operate the center. 2. The Board must find that the use meets all required conditions and specifications of the . .Zoning Ordinance. A. Child day care is permitted by special use permit in the R-15 District. This land is zoned R-15 B. Access to the site will be provided by an existing circular drive. ,This would permit pick-ups and drop-offs without backing into the street.. ' C. A fenced play area is provided.. - "~ D.. A site identification sign encompassing 12 square feet is proposed. This is the maximum allowed for child day care centers fronting a major highway in a residential district.. E. Adequate area is available on=site to meet minimum ofd street parking requirements. 3. The Board must find that the use will not substantially injure the value.of adjoining or j - abutting- property or that the use is a public necessity. ~ L A. The site is located in proximity to a convenience,food store. _ B. Development along the road frontage in the general, vicinity is sporadic; consisting.mostly of f scattered residential uses and•small businesses: t.._ C. This site fronts directl `ori at'"'ma o~ h hwa and is in the southeast corner of an intersection formed by thathighway and Myrtle Grove Loop Road. ~o ~ ~ y ~ ~ ~~~~~ ~ . ek~na~,» a .v.._~9un a 4. The Board must find that~th'e.loc-~afion and character of the use if developed according to th~ ~an as sulim~itted~anii pro d will be in harmony with the area in which it is to be 1 1 1 1 1 1 1 1 1 1 1 1 1 located and in .general conformity with plan of development for New Hanover County. A. There is no real definable land use pattern in the area, though most of the area is zoned for residential uses. B. A convenience store (special use permit) is located just north of the property in the northern intersection of US 421 and Myrtle Grove Loop Road. ..: 19 PETITION SUMMARY SHEET Petition Number: S-379, 9/95 Owner. William Depuydt Representative: Same Request: Child Day Care Acreage: 3.20 8200 Location' 6801 Carolina Bch. Rd. Taz ID Number: L LAND USE, ZONING, UTILITIES and SERVICES ~ • Land Classification: Resource Protection Ezisting Land Use: One house • Ar a o SUP for Zonins Eistory: e r~ in , convenience food store issued December, 1983.• .. _ . _ .water Type: well SewerType• ~ 'Septic Fire District: Myrtle Grove Road Access: Carolina Bch. Rd. - Carolina Beach School District: j MISCELLANEOUS PHYSICAL CHARACTERISTICS ~'~ Watershed andWater Quality Classification' Masonboro Sound (SA) _ Aquifer Recharge Area: Primary Recharge Conservation Resources: Historic Landmarks and Archeological Sites: ~ N~nP Soil Type(s) and Class: Primarily Baymeade (Be) ~~tic Tank Suitability: Good to moderate Prime Agric~lturxl Soils: ~onP Building Suitability: _ Few limits Recreation: Snow's Cut Volume' 22, 000 ADT, "93 count None General Requirement # 1 The proposed use as a childcare center will have no negative impact on public health or safety. The location of the childcare cjenter will provide a safe environment for the children of the community. #2 We believe our application meets conditions and specifications: We will adjust as needed. #3 The childcare center is designed and will be constructed in a manner which will enhance the value of adjoining property, There currently exists limited quality care in this area. Current population statistics and the planned development of the area. indicates a substantial need for quality childcare and preschool. #4 :~ ~ We intend to construct a facility which will enhance and compliment the surrounding area and conform with plans development for New Hanover County. .,. ~ 21 Auq. 8 '95 14:08 PIONEER R. E. . _ TEL 910-792-9331 P. 2 ~ ~ , ~ossi~ t~t~t•~ait. ( ~ ~ ~• oa s~"c ~ ono rnr~ ~ '...o ` wcr+ tsa.a~ 51 •_ oz.•w z~G. rzs,,a• .. • Scat ,~: t '• o a ~ _~~ ` owG P ~o • • F D z ~ ~ ..1. o. cavts ~ o, w.. v.av,B ~ ~ ~ GO ~ ~ Q'P ~ K ~ tc.,7t~A~ I r Mcvnic 'C .~ a r ~ ~. N ,,., .~.. NSW ADplri~ ~ , b~ --____~ F~~ (~ ,..: ~ ~,~ ,._ .,., ~' , .s , ` - - - - - - _ b ., L; i ~ ~ • ~. o M l,~ ~ ,,, c ~Z~. o' l~ ..t GRo EAGN RpP _ ~-- ~ • ~~ (r t1J y.r. cAy~wt Q ~OVC__ ~.T/~ 11y f. r - N. _ o ~.. . a `, Q ~ .. r. .fir '.:~~ t r.~'.: : ~'• ,, ,,.e: ::'~6,~:_.;:~;r:. { ;; --~,. F~_ ~EFZAL•_PotNT. 70~VNSNIP, , NE~v FU-NQVER • ca. ' . .rc REQUEST FOR BOARD ACTION Meetin Date: 10/02/95 g 1 Regular Item #: SB Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 2 Contact: Pete Avery SUBJECT: Zoning Text Amendment - (A-264, 9/95) BRIEF SUMMARY: ~, Request by staff to substitute the word, "Urban Transition" for the word, "Transition" to bring the Ordinance into compliance with the 1993 Land Use Plan. . t r RECOMMENDED MOTION AND REQUESTED ACTIONS• Planning Board recommends approval. Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: FUNDING SOURCE: EVIEWED BY: ~LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENT AND RECOMMENDATION ~tPPR~V~~~ ~3~ cou~~~r c~~~~~~~~~~~~~s e 2 3 Refer to OfTice Vision Bulletin Board for Disposition Item B A-264, Zoning Text Amendment: Terminology Update, Urban Transition Plannina Board Summary ~• There was very little discussion by the Board on this item. They voted unanimously to recommend approval of the changes as suggested by Staff. Plannina staff Summary • The purpose of the following amendments is to bring the Zoning Ordinance up-to- date with terminology adopted with the 1993 Land Use Plan Update. Specifically, the adoption of the current Land Use Plan lead to the deletion of the word "Transition". It was replaced by the words "Urban Transition" and "Limited Transition." This is important because these terms are used to define how residential density is allocated throughout the County. This classification is also used to determine height limits in certain areas of the County. Several sections of the text are affected. The revisions needed for each are outlined below. NOTE: All revisions in the text appear in underlined bold print. 1. Table of Permitted Uses: Mobile Home Park(Density shall not exceed 2.5 =units per acre. beyond Urban Transition Area (2/16/87) High Density Development(3/22/82) (Permitted only within IIrban Transition area-2/16/87) 2. Planned Development District: 53.5-2 (2) Maximum Building Height: The maximum building height for residential, commercial and office and institution structures shall be forty (40) feet; except that the maximum height. for buildings located within the Urban Transition as indicated on the County's Land Classification Map and fronting along a collector, Minor Arterial or Principal. Arterial as indicated on the County's Thoroughfare Classification Plan shall be eighty (80) feet. 53.5-2 (6) Maximum•Density: (A) Allowable density shall be determined by Site Capacity Standards for High Density Development as authorized in Section 69.4(3) of this Ordinance, except that land intended for commercial, office and institutional, and industrial uses shall be subtracted from the gross site area. The residential density of the PD District shall 4.25.dwelling units per acre if the PD shall•be located with the IIrban Transition Area. The residential density factor of the PD District shall be 2.5 units per base site acre if the PD shall be located beyo~nthe'~IIrban~Tra-nry~sition Area. L49P~!;~~aHN~l9d^;.~ln.~y~ O f}OdtyG't! 53.5-2 (6) m If•.the PD. District shall be located within the Urban Transition A~~ the resident-al•-density factorgof the PD District may be increased... v 3. B-2 Highway Business District 55-4 (4) Maximum Building Height- 40 feet; except that buildings located within the IIrban Transition Area and fronting a collector, Minor Arterial or Principal Arterial as indicated on the County's Thoroughfare Classification Plan, may exceed 40 feet provided their ~ does not exceed 1.0 (2/7/83) 4. I-1 Industrial District ` 56-4 (4) Maximum Building. Height- 40 feet; except that buildings located within the IIrban Transition Area and fronting along a collector, Minor-Arterial or Principal Arterial as indicated on the County's Thoroughfare Classification Plan, may exceed 40 feet provided their ~ does not exceed 1.0 (2/7/83) 5. High Density Development 69.4 Purpose: The purpose of this section is to encourage high density development. in the IIrban Transition Areas where adequate services are available, provided that environmental impacts are minimized and adequate open space is provided.... .69.4 (3) D. Determination of Site Capacity 1. The maximum number of units that may be built may be determined by multiplying the BASE SITE AREA by the appropriate density factor from the table below (}/90) pistrict density Facto ~R-10 17 units/acre R-15 10.2 units/acre R-20 4.25 units/acre • O&I 10.2 units/acre PD .(inside Urban Transition Area) 4.25 units/acre PD (outside IIr- ban Transition Area) 2.5 units/acre 69.4 (3) D. 2. Each high density development shall be located either. totally or primarily in areas classified IIrban Transition in the Wilmington-New Hanover Land Use Plan.... i 25 r . 26' r REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: SC Consent Item #: Additional Item #: Department: Planning ~ Presenter: D. Hayes Page Count In Agenda Package: 4 Contact: S. Burgess SUBJECT: Private Road Naming to Bozeman Road Assignment of House Numbers BRIEF SUMMARY: The subject road is currently unimproved and unnamed. Located in the 7000 block of Carolina Beach Road (east side), this 15 ft. easement extends 3,300 feet to the Intracoastal Waterway and provides access to approximately 12 residences, most of which currently use a Carolina Beach Road address. Based on a petition circulated by one of the residents, a majority agree with Bozeman Road as a street name. If the road name is approved, house numbers will be assigned based on the County's numbering grid system. The . County will be responsible for installing a street sign if the road name is adopted. The effective date of change for the residents is slated for December 4, 1995. ~E~OMMENDED MOTION AND REQUESTED ACTIONS: '~ Being consistent with the County's road naming policies and procedures, staff recommends approval of the road name and assignment of house numbers. ~ FUNDING SOURCE: u Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ,~PAR4V~ ~COUSd~iY C~~b~~~~9~5~~6~~~5 ~o~,~~ of~~~~. 27 Refer to Office Vision Bulletin Board for Disposition Item C ~ ` ' AGENDA INFORMATION COVER SHEET f _ MEETING DATE October 2, 1995_ AGENDA ITEM NUMBER: SUBJECT: Private Road Naming to Bozeman Road Assignment of House Numbers J l SL1rvIIvIARY OF INFORMATION: - The subject road is currently unimproved and unnamed. Located in the 7000 block of Carolina Beach Road (east side), this 15 foot easement extends 3,300 feet to the Intracoastal Waterway and provides access to approximately 12 residential homes. Most of the residents along the road are currently utilizing a Carolina Beach Road address. Based on a petition circulated by one of the residents, a majority of the neighbors along the road are in agreement with Bozeman Road as a street name. Bozeman Road is an unduplicated street name confirmed by Emergency 911. If the road name is approved, house numbers will be assigned based on the County's numbering grid system. The ' County will be responsible for installing a street sign if the road name is adopted. The effective date of change for the residents is slated for December 4, 1995. J ' ,RECOMMENDATION: Being consistent with the County's road naming policies and procedures, staff recommends approval of the road name and' assignment of house numbers. COUNTY MANAGER'S RECOMMENDATION OR COMMENTS: PRESENTATION BY: ATTACHMENTS<~= t -~ [a XX~J~~~s} ~~[ ] NO ~~(UJI~iaL~D.+9~u~~svueedl ~~f ~.- ti t 1 1 REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: SD Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 6 Contact: Sam Burgess SUB.TECT: Request to appeal connection of Treybrooke Drive into Sands Hill Drive BRIEF SUMMARY: Sands Hill Drive is located approx. 1,700 feet from the intersection of Kelly and Beasley in Millbrook Subdivision. The road segment of Sands Hill Dr. connecting into Treybrooke development is located on the east side of Kelly Road. This road segment contains an improved 60 ftright-of--way 250 feet long (see map). t The preliminary site plan of Treybrooke was approved by The Technical Review Committee of the Planning Board in March, 1995 for 341ots. The approved site displays 3 road access points leading into the project. Direct access will be provided from Masonboro Loop Road along with connections into Evergreen Pazk and Millbrook. Millbrook residents are concerned about an increase in traffic and safety if Sands Hill Drive is connected with Treybrooke Drive. (See petition.) RECOMMENDED MOTION AND REQUESTED ACTIONS• Planning staff concurs with the Technical Review Committee decision. As development activity continues acid traffic increases, the need to disburse traffic on overburdened road networks becomes vital. From a service delivery and emergency standpoint, access to adjoining developments would be severely limited and certainly not cost effective if the road is closed. Staff also believes that any traffic generated by the road. connection would be equally beneficial to the residents of Millbrook as well as to the future Treybrooke residents. For these reasons, staff recommends that the subdivision appeal be denied. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND R OMMENDATIONS• ~~PPR~lI~_~ CO~~~~Y ~~r ~~~~9~S9~~~RS ~Dat~ ~0 /_2 ~g5 = C~ 29 Refer to Office Vision Bulletin Board for Disposition Item D Date:. September 14, 1995 To: New Hanover County Cor~unissioners New Hanover County Planning. Department. From: University Group, Inc. - Re: Connection of East Sand Hills Dr. and Treybrooke Rd. - We would like to let you. know that, University Group, Inc., developers of Treybrooke Subdivision, do not object to closing the proposed connection between Fast Sand Hills Drive and Treybrook Road. • ~ Sincerely, .. ~ ~ ~. ~.30 ~ ,e, r' - ~ ~~~-~ i , Date: August 31, 1995 - To: Mr. Dexter Hayes New Hanover .County ' Planning Department . From: Concerned residents in Millbrook . Copies: Mr. Robert G. Greer, Mr. E. L. Matthews Jr., Ms. Sandra Barone Mr. William Caster, Mr. William Sissone Re: Connection of Treybrooke Road to Sand Hills Drive We, the undersigned concerned residents of Millbrook, are appealing to ~, you to prevent the connection of Treybrooke Road, the new road being cut from Masonboro Loop road, to Sand Hills Drive, now a cul-de-sac. 1 1 We understand that it is County policy to provide as many .connections as possible to a new subdivision. In this case, we believe, the proposed connection is not essential to Treybrooke, yet it will increase hazardous traffic conditions in'our area. cur reasons are as follows: 1. Sand Hills Drive will provide a third access point to Treybrooke subdivision. Treybrooke will already have two other access points: directly to Masonboro Loop Road, and through Evergreen subdivision to Navaho Trail. Masonboro Loop Road,~a straight, double-yellow-line road with a speed limit of .45 MPH Will b~ able to accommodate traffic from Treybrooke. Thus, this third access point is not strictly necessary. 2. Sand Hills Drive will provide Treybrooke residents with the closest access point to the City of Wilmington. Residents will tend to use this shortcut, which then takes them through Kelly Road and Beasely Road to Pine Grove. 3. Kelly Road, which started out as a quiet residential street, has already become a major access route to Millbrook and the many new subdivisions surrounding it. Perceiving it as an access road, people drive on this curving residential street too fast and endanger the•many children who live along this road and the neighborhood students who every morning wait there for the school bus. An opening to Treybrook from sand Hills Drive will only funnel more cars to this road. 4. Sa.^d ::ills Drive meets Y.ell~ Rcad where it curves a.^d therefore visibility of cars traveling on 4Celly Road is limited. A yield sign was recently installed at the western .intersection of Sand Hills and Kelly because of an accident caused by the limited visibility. If Sand Hills Drive is opened up, we 'expect more such accidents to happen. Sand Hills Drive is a.small, narrow residential street with an awkward turn into Kelly Road. We therefore ask you to'keep Sand Hills Drive a cul-de-sac and not allow Treybrooke Road to connect to it. f 1. C~ ; ~- i ,• ' ~i ~ ~,~2~k- > is ~~c~. ~. ~ ~. aG ~,~~`~-'~J •~ i IC~-~ ~~. .., 31 •ti . - _ ~. ~ f~ o~ . ;~, ~v~- ~ j ' ~C~ v(i`-(mot ~.~ <.~ Fiuy~ ' ! `,/ ^`'~ ~ ' / L ~-/~"~ -~, Address .~ ~~ ~~ ~~~li ~; ~ ., 3 ~' ~ ~ F-.'~, 3~~ ~~1~ - l ~ ~ ~~~s '~~ ~~ ~r ~. s / 1 /~~ ~ ~ /~ ~ ~- ~~ L• ,. ~. , ~^~~ \ ~ -~d~~~ ~.~v-~-~.z ~.~-1~-~ ~f ~ . ,, ~'~ .~ ~-.. 2 ~ 1 .~ ~, . 3 ~~ 2 ~ ~~~~ ~~L ~~, ~ ~; . Ian ~~e 1'1~ l~ , ,` ~~~~ -~~ ~ ~~~ ~ ' ~~ati/ n7-~G~ /08 ~l. ~,ds ,~.~CG ,~. ~o ~ ~~~ ~~ ~ ~ ~i k~~ ~~ __ ~~ ~~~~ ~_ .. ~,~ , . .. ~ ,~--. ~ , ~ ~~ ~~~ ~a~ ~ . ~~ ~, ~ L (,V.~.,,z,~r,. .~n~. I V` ~ ~' 1 1 // Z /~. ~~ ~1e/% zd, ~~ fps.. jG~ / 0 ;~ ~p3 30 ~~~ ~~~~~~~ ~~~%~ G~ ~-~- ~~~.~~ ~ ~, -- 2 ~~~k~ ~~~ ~v ~~ y sua~ ~r~~C.' ~ ~~ ~ 33 t 34 t 1 1 1 1 1 1 1 I 1 1 1 1 NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC OCTOBER 2, 1995 6:30 P.M. ITEM NO. ITEMS OF BUSINESS 1. NON AGENDA ITEMS 2. Approval of Minutes ADJOURN PAGE NO. 37 35 s i r t ~. REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: W&S#2 Consent Item #: ~ Additional Item #: Department: Governing Body Presenter: Lucie F. Harrell Page Count In Agenda Package: Contact: Lucie F. HarreII SUBJECT: Approval of Minutes BRIEF SUMMARY: Water & Sewer - Regulaz Meeting, September 18, 1995. RECOMMENDED MOTION AND REQUESTED ACTIONS: 'Approval of minutes. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: Ne~v Appropriation Request: , Budget Amendment Prepared: ~' V1L' WC.U 15Y: ~ LGL: APP WCOPLEY FIN: .BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~lI'1~~~V~~~ ~ COU~TI( C~~y~~~1SSB0~~~S ~_-.-- ~ mm,~ . _..~_~ 37 Refcr to Office Vision Bulletin. Board for Disposition a Tlris page intentionally left blank ~~~~ ~ : i ~ v !^ 38 ~ ~~~~~. i ..~ fi,~' 1 ,1 l 1 1 M 1 1 i 1 '1 1 1 1 1 1 1 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA OCTOBER 2, 1995 6:30 P.M ITEM NO. ITEMS OF BUSINESS ' PAGE NO. 1. ~ Approval of Minutes . 41 , 2. Approval of award of Bid #96-0066 and approval of Contract 43 . #96-0066 to Stryker Corporation for the purchase often stretchers 3. Approval of award of Bid #96-0065 and approval of Contract 61 #96-0065 to Springer-Eubank. Oil Company to provide fuel services 4. Denial of request for waiver of tip fees for Luther T. Rogers ~ 79 . l , for old roofing shingles on River Road 5. Approval of Budget Amendments: A. #96-10 to budget interest earned on Computer Aided 81 Dispatch project. ` f B. #96-11 to increase budget for insurance proceeds from 82 wrecked vehicle C. #96-12 to increase budget for additional revenue received 83 D. #96-0050 to budget additional revenue received from the 84 N. C. Department of Human Resources 6. Various grant applications for temporary cataloger ~ ~ . gs 7. Conveyance of property to the New Hanover Community Health Center 99 t 40 REQUEST FOR BOARD ACTION `~- Meetin Date: 10/02/95 g Regular Item #: Consent Item #: 1 Additional Item #: Department: Governing Body Presenter: Lucie F. Harrell Page Count In Agenda Package: Contact: Lucie F. Harrell -SUBJECT: Approval of Minutes BRIEF. SUMMARY: Regular Meeting, September 18, 1995 Work Session, September 14, .1995 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of minutes. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• . OV ~~ ~~~,~~~o~~~~~~~~ W=--~--~ r..._S ~f ~~? Refer to Office Vision Bulletin Board for Disp tion ~` ~ ~ • ~. This page intentionally left blank ~~.~~ ~~ ~t 19 ,.1u;:. .i 42 _ ~ .~: r It k e ~* ~' ` '. pt t~J ,~ .. REQUEST FOR BOARD ACTION ~~ Meetin Date: 10/02/95 g Regular Item #; .Consent Item #: 2 Additional Item #: Department: Finance Presenter: .Page. Count In Agenda Package: Contact: Amy Akin ''-`~ SUBJECTL Award of Bid # 96-0066 and approval of Contract # 96-0066 to Stryker Corporation for the purchase of ten stretchers. BRIEF SUMMARY: ~' After the EMS Equipment Committee completed their reserach, the Stryker mode16070LX stretcher was .specified. The bid allowed for substitutions of equal products but the vendor was required to submit supporting information .documenting the equality of the product to our specifications. The bid was very ^~, clear on that issue. The proposal_received from Aero did not provide the required information. All that was ` . submitted by Aero was a copy of an advertisement for the stretcher that included a picture. Based on the information provided, staff reviewed Aero's proposal and found areas of noncompliance with the ~~_ specifications as well as azeas staff could not determine the level of compliance because of lack of P information. Therefore, it is staffs determination that Aero's bid is non-responsive. Attached is a resolution for award, tabulation of analysis, and a draft contract for approval. ,~ . RECOMMENDED MOTION AND REQUESTED ACTIONS: _ Recommend adoption of resolution awarding Bid # 96-0066 for ten stretchers to Stryker Corporation, the '~ ~ ~~~ ~ ~ ` .lowest responsive bidder, in the amount of $23,950. Recommend a royal of draft contract. ~ ' v PP ~ Federal $: State $: ~~, Money Is In Current, Budget: Yes Budget Amendment Prepared: No New Appropriation Request: No REVIEWED BY: LGL: FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT Recommend approval. County $:23950 User Fees $: Other $: ~ ~- ~ r--„ ~~~~~ ~~~io~~1~~~~~~~~~~ . ~~~~ ~~2 ~_5S __ 43 Refer to Office Vision Bulletin Board for Disposition ~.~ RESOLUTION OF THE BOARD OF COMMISSIONERS NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00 p.m. on the 19th.day of September, 1995, at the County. Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and`the following bids were received for ten stretchers for the Emergency Medical Services Department, Bid # 96-0066: Stryker.. Corporation , $23,,950.00 .. - Aero Products Corporation ~ `$1,5,500.00 ~ ... ,. .. z ~- AND. WHEREAS, the proposal received. from Hero did not provide. the required information - .. to verify compliance with bid specifications and based on the limited.information provided staff found :_ areas of noncompliance with the specifications and therefore it is staffs determination tfiat the .proposal received from Aero Products. Corporation is non-responsive; . AND WHEREAS, the Emergency Medical Services Director, the Finance Director and the County Manager recommend that the contract be awarded to Stryker Corporation, a foreign corporation organized under the laws of the. state of Michigan; the lowest responsive bidder, in the amount of.Twenty-three,Thousand Nine Hundred Fifty($23,950.00) Dollars; . AND WHEREAS, funds have been previously appropriated and are now in Account No. 110-433-4331-3000-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for ten stretchers for the Emergency Medical Services Department, Bid # 96-0066 be awarded to Stryker Corporation in the amount of Twenty-three Thousand Nine Hundred Fifty ($23,950.00) Dollars; and that the County is hereby authorized and directed to.execute the contract, contract form~to be approved by the £ounty Attorney. ~' This 2nd day of October, 1995. (SEAL) . __ ,. .. Chairman, Board of County Commissioners ATTEST: ~~`' ~ ~ ~i~/~~ ~~ ~~ ~yl~ to the Board ~.w ~ -~. - _ ~a~ •~. ~: 1 REQUIRED SPECIFICATIONS ;.:.., , , ; STRYKER AERO Trendelenbur Positionin Yes Yes Liftin Bar Yes Yes Permanent IV Pole Yes- ~ No Head End Stora e Pouch Yes No Positive Action Height Range 11.75"x36.5" Yes Not Indicated Loadin Wheels Yes Yes One Hand Release Break-away Head Section Yes Not Indicated Safet .Hook Yes Yes Lift-assist Pneumatic Fowier Yes Not Indicated 6" Sealed Bearin Casters with 2" Tire Width Yes No Powder Coasted "Safef Yellow" Tubin Yes No 500 Ib. Wei ht Ca acit Yes Yes Inte rated Bum er S stem Yes Not Indicated .Fold Down Siderails Yes Not As S ecified 19" x ~74" Patient Surface mattress Yes Not Indicated Smooth Aluminum Litter Surface Yes Not Indicated Two Patient Restraint Stra s ,& One Shoulder Harness Yes Not .Indicated One Year Parts & Labor Warrant Yes ~ No .NORTH CAROLINA NEW HANOVER COUNTY _. .. .. .. DRAFT New Hanover County Contract # 9fi - 0066 _ _ . AGREEMENT ._ THIS CONTRACT d d t d t th' d ' ma a an en ere m o is. ay of , .1995,, by and between NEW HANOVER COUNTY, a ,. political subdivision of the State of North Carolina, hereinafter referred to as "County"; ~' and STRYKER CORPORATION, a foreign corporation organized under the laws of the -State of Michigan, hereinafter referred to as "Vendor". WITNESSETH: ._ ~ ' . WHEREAS, County advertised for bids for ten - (10) stretchers for the Emergency Medical Services Department, Bid # 96-0066, and bids were received and opened as required by law; and - . _ .WHEREAS,. after careful. consideration of the bid proposal submitted by _ Vendor, the Board of Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of such bid proposal and 'the execution 'of a contract with Vendor covering the purchase and delivery of ten {10) stretchers, according to Vendors Bid Proposal .. _ ~ _ . . NOW, THEREFORE, .in consideration of the mutual benefits inuring to the parties Hereto, said parties covenant and agree as follows: 1. Exhibits to Contract. The Bid Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit A; and Vendor's Bid Proposal, marked Exhibit B; are attached hereto and made a part of this contract as though fully written herein. 2. Risk of Loss. Risk of loss to County for the goods purchased shall remain with Vendor until the goods are delivered to County F.O.B. Emergency Medical 46 r . '~'-~ Services Department, 248 North Second Street, Wilmington, North Carolina. 3. Delivery. Vendor shall deliver all goods purchased by County within Forty-Five (45) consecutive calendar days after receipt of order. 4. Purchase Price. The total purchase price for said goods in the sum ~~ of Twenty-Three Thousand Nine Hundred Fifty ($23,950:00) .Dollars shall be paid `~ within thirty (30) days after receipt of the goods and their acceptance by County. and ~ receipt of invoice. . 5. Indemnity. Vendor shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of -.action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Vendor hereunder, resulting from the negligence of or the, willful act or omission of Vendor, his agents, employees and subcontractors. -_ .. ... .. : ,: 6. Warranty of Materials and Equipment. Vendor warrants to County that all materials and equipment furnished under this contract will be new unless otherwise specified, will be of good quality and free from faults and defects, and will conform with the contract documents. Vendor warrants all such materials. and equipment fora .,period of one (1) year from the date of County's first beneficial .use of ~' same. '~, 7. Default and Termination. If Vendor materially breaches any one of ~s~ the terms or conditions contained- in this contract, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or v any other remedy, enter .into another contract for the completion of this contract. ~I _ County may deduct all costs of completing the contract from any. monies due or which may .become due to Vendor. 8.. ~ Non-Waiver of Rights, It is agreed that County's failure to insist upon the strict performance- of any provision ~of this contract or to exercise any right based upon a breach thereof, or the ~ acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contract. 9. Subcontractors. Vendor shall be fully responsible for all negligent acts and omissions of his- or her subcontractors and of persons and organizations employed by them to the same extent that Vendor would be responsible for these acts and omissions. Nothing yin the contract documents .shall create any contractual relationship between County and any subcontractor or other person or organization having a-direct contract with Vendor, nor shall it create any obligation on the part of County to pay any money due any such subcontractor or other person or organization, except as may otherwise be:required by law: - - 10. Assignment. The parties mutually agree that this contract is not assignable and-shall not be assigned.by either party without the written consent of the, other party and the surety to this contract. ~ - 11. Non-Discrimination. Vendor will take affirmative action not to - discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project wh-ich is the subject of this contract because of age, race, creed, color, sex, age, disability or national origin. To the extent applicable, Vendor will comply with all provisions of Executive Order No. 11246, the Civil Rights Acts of 1964 (P. L. 88-352) and 1968 (P. L. -90-284), and all applicable Federal, State and local laws,' ordinances, rules, regulations, orders, instructions, designations and otherdirectives promulgated to prohibit discriminations. Violation'of this provision, after notice, shall be'a material breach of this agreement and may result, at County's option, in a termination or suspension of this agreement in whole or in part. 48 3 t t ~, ,~i ~~ .:. ,~, 42. Familiarity with Laws. The Vendor specifically .that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal. and State Occupational Safety and .Health Act .(OSHA) requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and. agrees that he, his employees, subcontractors and suppliers will, at all times, comply with same. If the Vendor shall discover any provisions in-the Contract Documents which are contrary to or inconsistent with any such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any items of work. affected, and he shall not proceed until he has received written direction from the County with respect to these items. If the Vendor performs contrary to or inconsistently with any such law ordiriance rule or regulation without giving such notice, he shall bear all costs which area consequence . of such performance. _ _ 13. otices. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice ~~~ of such change of address, by Registered Mail, Return Receipt Requested: ~~~' To County: New Hanover County Emergency Medical Services Attention: Larry Ray, EMS Director ~, 218 North Second Street Wilmington, North Carolina 28401 . To Vendor: r Stryker Corporation Attention: E. Keith Ricks 6040-A Six Forks Road -Suite 413 Raleigh, North Carolina 27609 4 49 14. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, :sick leave, insurance, i ~ , worker's compensation, or pension or retirement benefits. 15. Interpretation. All of the terms and conditions contained in the contract documents shall be interpreted in accordance with the laws of the .State of North Carolina. 16. Entire Understanding. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. ~ No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. NEW'HANOVER COUNTY . [SEALJ ATTEST: Clerk to the Board [CORPORATE SEAL) 50 8 Robert G. Greer, Chairman Board of Commissioners VENDOR President 5 ,~I :-.~ ATTEST: Secretary '~' This instrument has been pre- audited in the manner required by the Local Government Budget _'~ and Fiscal Control Act. County Finance Director ;~~ -NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney 1, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by' authority duly given and as the act. of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. ~~ ........- _ . ... WITNESS my hand and official seal, this day of , 1995. ~ .: ~- '~ Notary Public _ . My commission expires: STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of STRYKER CORPORATION, a foreign corporation organized under the laws of the State of Michigan, and that by authority duly, given and as the act of the corporation, the foregoing .instrument was signed in its name by its President, ,sealed with its official seal and attested by himself/herself as .its Secretary. WITNESS my hand and official seal, this day of , ,~ 1995. ~~ ~ Notary Public ~',, My commission expires: 1 `~; 6 51 COUNTY OF NEW HANOVER, NORTH CAROLINA INVITATION TO BID ON TEN STRETCHERS FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT Pursuant to Section 143-129 of the General Statutes of North Carolina; sealed proposals addressed to Amy J. Akin, Purchasing Agent, New Hanover County Finance Office, 320 Chestnut Street, Room 602, Wilmington, North Carolina 28401 and marked "BID FOR TEN STRETCHERS FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT, BID # 96=0066" will be accepted until 3:00 p.m. Tuesday, September 19, 1995. The bids will be publicly opened and read immediately following the latest time for receipt of bids in .,:the New Hanover County Administration Building, 320 Chestnut Street, Room 601, Wilmington, North Carolina. Instructions for submitting bids and` complete specifications may be obtained at the CountyFnance Office during regular office hours. ' ~ ~'' _ The Board of County Commissioners of New Hanover County reserves the right to accept or reject -~ ~ any or all bids and to make the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent New Hanover County Advertised: September 10, 1995 . , . ,. 52 i t i ~- INSTRUCTIONS TO BIDDERS NEW HANOVER COUNTY, NORTH CAROLINA BID # 96-0066 TEN (10) STRETCHERS New Hanover County Finance Office . Attn: Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 Phone: (910) 341-7190 Preparation and Submission of Bid Proposal Completion of Bid Form: Bids must be on bid proposal form contained in this bid package; the original and one copy required. Submitted with the original proposal form and copy shall be a complete set of detailed specifications and manufacturer's warranty indicating compliance with these specifications. All prices and notations shall be written in ink or typed. Changes or corrections made on the Bid must be initialed by the individual signing the bid. No corrections will be permitted once bids have been opened. Required Specifications: Bidder shalt. submit as part of his proposal detailed specifications . for the goods bidder proposes fo furnish. Bidder's specifications shall be in strictaccordance with the County's specifications. Any bid which is not in strict accordance with the County's specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal., • Use of Brand Names and References 1 The use of manufacturer's names and product numbers are for descriptive purposes and for establishing a standard of required function, dimension, appearance and quality to be met by any proposed substitute. Bidders shall propose to furnish the exact item as specified or may submit a proposal with substitute items "equal to" the items specified. When proposing a substitution as "equal to" the item specified, bidder must supply information documenting the comparable value of the item. The burden of proof of the merit of the proposed substitution is upon the bidder. Bidders are required state exactly what products they intend to furnish otherwise it is fully understood that they shall furnish all items as stated. Proposal must be accompanied by descriptive literature marked indicating the exact item(s) bid upon. The term "as specified" will not be acceptable. -1 of4 53 Deviations: New Hanover County reserves the right to allow or disallow minor deviations "~ or technicalities should the County deem it to be to the best interest of the County. New Hanover County shall be the sole judge of what is to be considered a minor deviation or '~ technicality. Warranties: Bidder warrants that all goods furnished shall be free from all defects,~and-shall conform in all respects to the technical specifications established by the County. Bidder•shall submit manufacturers' warranties against defects in materials and workmanship covering the . goods bid upon. If the County's specifications include a statement of the particular purpose for which the goods will be used, the goods offered by bidder shall be fit for this purpose. Submission of Bid Proposal Bids must be in sealed envelopes properly marked "BID FOR TEN STRETCHERS, BID # 96-0066", and shalt be addressed to County at the following address: - ~ - v New Hanover~County Finance Office • ~ ~ ~ - ~ ~ -~ Aftri: Amy Akin, Purchasing Agent 320 Chestnut Street, Room"602 ' • Wilmington, NC 28401 .. ~.:_ . ~ .:. t Condition of Goods All goods shall be new and in-no case will used, reconditioned or obsolete parts be accepted. Trade Secret Confidentiality Alt bid proposals received and recorded at the bid opening are considered public record and available forpublic inspection. According General Statutes 132 - 1.2,-trade secrets contained in a bid maybe kept confidential if the bidder, at the time the bid is submitted, ,designates the secret and requests that "it be kept confidential. This right of privacy will be construed as narrowly as possible to protect the interests of the vendor while attempting to maximize the availability of information to the public. Time For Opening Bids Proposals will be opened promptly and read at the time and date set forth in the advertisement. '• Bidders or their authorized agents are invited to be present. Any bids received after the-scheduled closing time for .the receipt of bids will not be considered and will be returned to the bidder, unopened. 54 I-2 of 4 1 Withdrawal of Bids Bidders may withdraw or~withdraw and resubmit their bid at any tune prior to the closing time for receipt of bids. But no bid may be withdrawn after the scheduled closing time for receipt of bids for a period of sixty (60) days. Award of Contract ~1:~ The award of any contract resulting from this bid will be made to the lowest responsible bidder, taking into consideration quality, performance and time specified in the proposal for the performance ," of the contract. New Hanover County reserves the right to add or delete quantities. Considerations in Award of Contract ~~ In determining the lowest responsible bid in accordance with G.S. 143-129, the Board of Commissioners will consider, among other factors: modern, accepted practices; engineering, design, efficiency and workmanship; maintenance costs; availability of service and parts inventory; and performance (based on County's previous use of the same or similar equipment made by the manufacturer). Federal Taxes ~~ ~ ~ deral Exci a Taxes or Trans ortation Taxes. New Hanover County is exempt from and will not pay Fe s p North Carolina Sales Tax If bidder is required to charge North Carolina sales tax on bidder's sales, bidder shall not include it ~; as part of the bid. price. County will pay North Carolina sales tax over and above bid prices when invoiced. Price Bidder shall guarantee the prices quoted against any increase for whatever delivery date is specified and contract period required. Place of Delivery Goods shall be delivered F.O.B. New Hanover County Emergency Medical Services Department, 218 North Second Street, Wilmington, NC 28401 and shall be complete and ready for use unless 4~, otherwise s ecified. P '~; I-3 of 4 5 5 ~~ . _r Instruction in Use of Goods; Demonstration County may require a demonstration of the goods bid upon; thesdemonstration shall be at no cost to County. If bidder cannot make a demonstration within 7 days of request, bidder's bid, may be rejected. Performance of the equipment at the demonstration will be a factor in the award, of the contract. Demonstrations must be made with the same model of equipment as that bid. The County may require the demonstration at the same time competitive demonstrations are made. The successful bidder shall be responsible for instructing County personnel in the proper use and maintenance of the goods. Responsibility of Compliance With Legal Requirements The bidder's products, service and facilities shall be in full compliance with any and all applicable 'state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or.not• they are referred to in the bid documents. Indemnity Vendor shall indemnify and hold the County, its agents and employees, harmless against any -and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages-arising out of or relating_to the. work to be~ • performed by Vendor hereunder, resulting from the negligence of or the willful act or omission of Vendor, his agents, employees and subcontractors. Addendum The bid package constitutes the entire set of bid instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be mailed to all bidders who are listed with the Finance Office as having received the bid package. Compliance With Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of bid. Right To Reject Bids The County reserves the right to reject any or all bids. 5 6 I-4 of 4 1 ~/ t 1 1 ~ :, ~J ~~~ [~t t Stryker, ' Vendoc's Quote # COUNTY OF NEW HANOVER, NORTH CAROLINA BID PROPOSAL FORM . BID # 96-0066 -Ten (10)~ Stretchers ~ ~~ September 19, 1995; 3:00 p.m. I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by. all conditions of ' this bid and certify that I am authorized to sign this bid for the bidder. { Bid ProRosal Manufacturer and Model Number striker t~c3;~ai Model 6070 Price $ 2, 395.00 each x 10 stretchers = $ 23.950.00 ` Guaranteed Delivery Date 45 calendar days after receipt of purchase order -"~ Location of Technical and Service Representative Fayetteville, North Carolina Attachments The following items shall be submitted with the proposal: l . Detailed Specifications (exception letter if necessary) 2. Warranty Notice to Proceed The undersigned, if awarded the bid, hereby agrees to execute a contract with New Hanover County in the form specified within ten (10) days after the award and to begin process of providing the ten stretchers listed in this bid proposal upon receipt of a Purchase Order issued by New Hanover County. 58 B-1 of3 1 ` }bidder Information- `~~ Please check as appropriate and complete the items below. 4 ~ The Bidder is: ~` ~ ~_ An Individual ~:, -- ~~, A Partnership between: ~. .A Joint Venture consisting of: ~~` ~ 1 ~ ~ ~ . A Corporation organized under the laws of the State ' . of (List name of state appearing on the corporate seal and ~~ ~ affix seal below where indicated.) ,~;, ~:_ Kaith RirkG ~~ (name as above p inted) TITLE: Territory nag¢r ~~ " COMPANY:~S~rvker Indic-al _--- ~~` - 4' ADDRESS: 6040-A Six Forks Rd.. Suite 413 ~r . 609 .~ ~ TELEPHONE: i-say-~~g-ag~~, Fxt - 74~ SEAL-IF BID IS BY A CORPORATION • _ - ATTEST: sy ~' ~, ,' ' ' B-3 of 3 - ~ 59 i ` r This page intentionally-left blank s 3, ~l ., 60 REQUEST FOR BOARD ACTION ~J Meeting Date: 10/02/95 1 1 Regular Item #: Consent Item #: 3 Additional Item #: Department: Finance Presenter: Page Count In Agenda Package: Contact: Amy Akin SUBJECT: Award of Bid # 96-0065 and approval of Contract # 96-0065 to Springer-Eubank Oil Company to provide fuel services. BRIEF SUMMARY: Attached is a tabulation provided by Cindy Lucas of Vehicle Management summarizing the, results of the recent request for proposals for fuel services for the County. After reviewing the information, staff s recommendation is to award the three year contract to Springer-Eubank. Worsley Companies, Inc. could not provide all the requested products and services. Both W.K. Hobbs and Springer-Eubank can provide the required products and services but Springer-Eubank's prices aze lower on .four of the five products. On highway diesel the price was the same. Springer-Eubank also does not charge for lost cards whereas W.K. Hobbs charges $2.00. In estimating yeazly usage,. Springer- Eubank's price would save the County approximately $15,093 a yeaz. Attached is a resolution for awazd, memorandum, tabulation of analysis, and a draft contract for approval. _RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption'of resolution awazding Bid # 96-0065 for fuel services to Springer-Eubank Oil ~~ ~ ~~ 'Company, the lowesf responsible bidder, at the discounts listed in the ro osal. Recommend a royal of P P PP _ -draft contract. .N~ U tV ll11V C~ ~U U 1ZC;1{:: ~, Federal $: State $: County S: 320000 User Fees $: Other $: Money Is In Current Budget: Yes New Appropriation Request: No Budget Amendment Prepared: No ,~ ~~ r ~. ..' ~LGL: APP WCOPLEY FIN: N/A BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT ~ Recommend award of bid to Springer-Eubank Oil ~- ~ T ~OQ~~ ~~~va~~~~~~~~E~~ 61 1~~ 5 Refer to Office Vision Bulletin IIoard for Dispositiore ~~/ .RESOLUTION OF THE BOARD OF COMMISSIONERS OF .. NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received by the Finance Department.. on the 24th day of August, 1995,, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for providing fuel services. for the Vehicle Management Department, Bid # 96-0065: •. .Springer- Worsley W.K. Hobbs. Inc. ..Eubank Oil. Co. ~ Companies. Inc. (discount/gallon): (discountlgallon) (cost plus/gallon) . Unleaded Regular .02 .OS .12 Midgrade Unleaded .02 .08 -Not Provided. Premium Unleaded .06 .10 .12 .Highway Diesel .. .04 ~ .04 .12 Non-Highway Diesel .04 .15 Not Provided AND WHEREAS, the Vehicle Management Director, the~Finance Director and the County Manager recommend.that the_ contract be awarded to Springer-Eubank Oil Company~of Wilmington, North Carolina, the.lowest responsible bidder, at the discounts Listed in the proposal; . AND WHEREAS, funds have been previously appropriated and are now in the various department's fuel accounts to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract .for providing fuel services for the Vehicle Management Department, Bid 96-0065 be awarded toSpringer-Eubank Oil Company at the discounts listed in the proposal; and that the County isfiereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 2nd day of October, 1995. (SEAL) Chairman, Board of County Commissioners ATTEST: ~ ~, q '"ii to the Board~~`' ~ ~ ~ ~ M . 5 _. _~ n NEW HANOVER COUNTY INTER-OFFICE .::-:: MEMO ~ .::::.....::: . September 19, 1995 TO: Allen ONeal, County Manager FROM: Amy Akin,. Purchasing Agent RE: Fuel Service Contract In reviewing the proposals for the fuel service contract, staff also reviewed the service received under the existing contract with Springer-Eubank Oil Company. I wanted to share this information with you. When the contract was awarded three years ago to Springer-Eubank Oil Company, one question that was raised was that W.K. Hobbs, Inc. had generators to operate a station during a power outage whereas Springer-Eubank Oil Company did not. Springer-Eubank Oil Company proposed stationing ® _ tanker trucks at various locations in the County for the County's use during power outages-and 1r - ' -' emer en situations. Dunn the ast three ears, there have been several instances when this system g c5' g P Y was used and actually worked much better for the County. In fact, because it worked so well, in this ~r ~ year's proposal we required the pumper truck availability. Also, during the previous bidding process questions were raised concerning the recording of the odometer readings. Under the system provided by W.K. Hobbs, Inc. the driver keys in the odometer ~' reading; under the system provided by Springer-Eubank Oil Company the driver must provide the mileage reading to the clerk processing the transaction. Essentially, mil systems are dependent upon the driver to provide the mileage. Having worked with both companies the Vehicle Management Department has not noticed any difference between the two systems as far as the accuracy of the recorded mileage. ~~~ Although there is only a very small amount of non-highway diesel used at the County for small equipment this item was left on the contract. In the past the departments would carry the equipment to the station and fuel the equipment. The Parks Department had the largest amount of small equipment and frequently needed to make trips to the station. Springer-Eubank Oil Company has provided an above ground tank at the Parks department to eliminate the transporting of equipment and provides non-highway diesel fuel at the contract price. The Vector Control Department also has a small thirty gallon tank that needs to be filled occasionally. The tank used to be mounted to the back of their truck and they would have to go to the station to have it filled. Because Springer-Eubank has provided a tanker truck to deliver non-highway diesel fuel to the tank at the contract price, the Vector Control Department has been able to remove the tank from the truck. ~ 63 .~ This has allowed Vector ntr 1 Co o the use of more truck space and saved employees time. As its name implies, this fuel is not to be used by motor vehicles driven on public roads and has a coloring additive . to distinguish this-fuel from the highway diesel. Vehicle Management has been very satisfied with the service and products provided by Springer-Eubank Oil Company over the past three years. There has never been a problem with the supplies of fuel being unavailable. In preparing the tabulation, staff actually visited the stations and recorded the posted price. W.K. Hobbs, Inc. has listed four stations for the CARDTROL Automated Fuel outlets. Currently, there is no CARDTROL Automated Fuel outlets at the 2461 Carolina Beach Road location and diesel fuel is not offered. Therefore, at the present time there are only three CARDTROL locations. Also, the posted price for the three types of gasoline to be used are not the same at all three locations. 'At the time the prices were checked, the Castle Hayne location was two cents per gallon higher on each type of gasoline than their other two locations. Because of the locations of the stations within the County, it is anticipated that the County would utilize the Castle Hayne location most. Basically, both W.K. Hobbs, Inc. and S rin er-Eubank Oil Com an can rovide th'e services and P g P Y P _ products and therefore the remaining consideration is price. Springer-Eubank Oil Company has provided the lowest price to the'County. ~ It would cost the County approximately $15,093 a year - more to purchase fuel from W.K. Hobbs, Inca ~ - . . ~: .. I hope' that this' information and~the tabulation from the Vehicle Management Department is sufficient. If you should need addrt~onal information, please let me know. /aa - ~... ~ . ~. ;1~ ', cc: Robert'Smith, Vehicle Management'Director Cindy Lucas, Stock Clerk'V * _ ~., . ~ ,. ., . ~' -.. .. 1 REQUIRED-SERVICES W K HOBBS SPRINGER-EUBANK WORSLEY ~ Service 24 hours da /7 da s er week Yes Yes Yes Emer enc service rovided Burin owes outa es Yes Yes Did not rovide includin rovision of um trucks at various ~ information locations around the Coun Com uterized ass stem either two card or P.LN. Yes Yes Yes Monthl summa to transactions with additional Yes Yes Yes summaries to Finance and Vehicle Mana ement. Products to be rovided: Re ular Unleaded Yes Yes Yes Mid rade Unleaded Yes Yes No Premium Unleaded Yes Yes- Yes Hi hwa Diesel ~ Yes Yes ~ Yes Non. Hi hwa Diesel Yes Yes No Discounts: Re ular Unleaded 0.02 0.05 0..12` Mid rade Unleaded 0.02 0.08 Not Provided Premium Unleaded ~ 0.06 0.10 0.12' Highwa Diesel 0.04 0.04 0.12' Non Hi hwa Diesel 0.04 0.45 Not Provided 'Quoted as cost lus Coun Prices reflectin discount as of 9/12/95: Re ular Unleaded 1.079/1.059 1.019 1.109` Mid rade Unleaded 1.179/1.159 1.089 Not Provided Premium Unleaded 4.239/4.219 1.169 1:219 Hi hwa Diesel 1.059 1.059 1.149 Non Hi hwa Diesel 0.739 0.65** Not Provided R. Turlin ton Estimated Yearl Cost $332,708.85 $317,615.79 Estimate based on usa a for Au ust x 12 Provide Trainin on S stem to Coun Em to ees Yes Yes Yes Allocate 40,000 gallons of gasoline er month Yes Yes Yes Allocate 10,000 allons of diesel er month Yes -Yes Yes ..Locations Coun desires at least three locations 3 CARDTROL 5, with a-6th location 2 Locations rovidin diesel onl 4 Stations "'S rin er-Eubank has resent contract and is rovidin a Non- hi hwa Diesel Fuel tank at no char a to the Coun at the Parks Facili for their e ui ment. Also delivers Non-hi hwa Diesel fuel to Vector Control • b~ r ... _ _~ DRAFT _w ..._. _ _. - a New_Hanover County Contract # 96 - 0065 . _ ..NORTH CAROLINA -. .. .. ~ , i a . ~ A 'REEMENT :~ . ~ ~ . NEW HANOVER COUNTY _ . _ THIS :CONTRACT, made and entered into this day of , 199 , by and. between NEW HANOVER COUNTY, a~ political subdivision of the State of North Carolina, hereinafter. referred to as ~ a "County"; and SPRINGER EUBANK OIL ~ COMPANY;' a North Carolina corporation, ._ fl hereinafter referred to as "Vendor". ~ ~ ` _ WITNESSETH: WHEREAS, County advertised for bids to provide fuel for County use, Bid . -, a # 960065, and bids were received and examined; and " WHEREAS, after• careful consideration of the bid proposal submitted by a Vendor, the Board of Commissioners of New Hanover County has adopted aresolution- authorizing the acceptance of such- bid proposal and the execution of a contract .with . . Vendor covering such purchases according to Vendor's Bid Proposal No. 96-0065: ' NOVV, THEREFORE, in consideration of the mutual benefits inurin to the. f g parties hereto, said parties covenant and agree as follows: .. . . 1. Scope of Services. In accordance. with. County's specifications, marked. Exhibit A; and Vendor's,Bid Proposal, marked Exhibit B; copies of both which . are attached hereto and made a part of this contract ~as though fully written herein. Vendor shall su ~ I fuel for Count vehicles throw ~ h a. com uterized fuel dis eosin _ PPY _ Y 9 ,P P 9 and accounting system with atwenty-four (24) hour seven (7) day a week service. They a fueling. site(s) will.be located at 4415 Market St., 5130 Market St., 5325 South College (Monkey Junction), 6126 Oleander Dr., 901 South 3rd (gasoline only), and 123 W. ! Shipyard Boulevard (diesel only).- ~. _ _ 2. Term. The contract term shall be for an initial .period_of _. _ tf~ (3) years. Countyshall have the right and option to extend and renew this I New Hanover County Contract # 96 - 0065 contract for an additional eriod of three 3 ears u on the same terms and conditions P OY P ' as herein set out. Should County elect to exercise said extension right and option; County shall so notify Vendor at least thirty (30) days prior to expiration of the initial contract period. ~3. a ment. Fuel will be .provided pursuanf to the following established discounts off the publicly advertised rice: P ' Unleaded regular (87 octane) .05 cents per gallon Midgrade unleaded (89 octane) .08 cents per gallon ' Premium unleaded (93 octane) .tO cents per gallon Highway diesel .04 cents per gallon . Non-highway diesel .15 cents per gallon ' Billings shall be provided to each .County Department on a monthly basis W with a summary of all transactions provided to County Finance and the County Garage. Upon. County's request the Vendor will provide an accounting of Vendor's gas/fuel costs. Vendor shall.give County written notice of any change in gas/fuel prices. ' 4. uantit to be u lied. Vendor will allocate al least 50 K allons of '' gasoline, and 20 K gallons ~of diesel fuel per month for use by County vehicles. Vendor also agrees to make a good faith effort to supply whatever :incremental quantity ' increases County may request over the contract period. 5. Indemni .Vendor shall indemnify and hold New Hanover County, its agents and em to ees harmless a ainst an and all claims demands causes of P Y ~ 9 Y action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Vendor hereunder, resulting from- the negligence of or the willful act or omission of Vendor, .his agents, employees and subcontractors. ~ ~ 67 1 2 New Han v - a o er County Contract # 96 0065 6. Default and Termination. If Vendor fails to make su lies available PP k ~~ or otherwise perform as specified herein to the satisfaction of the County, or if Vendor breaches any one of the terms or conditions contained in this contract and-fails to cure said breach within five (5) days of County's mailing of Notice of Default, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the hands of the Vendor. ~ ~• This Agreement may be terminated without cause by either party with ninety (90) days written notice. 7. -Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict .performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contract. 8. Subcontractors. Vendor shall be' fully responsible .for all negligent acts and omissions of .his or her subcontractors and of persons and organizations employed by them to the same extent that Vendor would be responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization having a direct contract with Vendor, nor shall it create any obligation on the part of County to pay any money due any such subcontractor or other person or organization, except as may othenrvise be required bylaw. 9. Assignment. The parties mutually agree that this contract is not assignable and shall not be assigned by either party without the written consent of the other party and the surety to this contract. 10. Non-Discrimination. Vendor will take affirmative action not to 68 3. ;' New Hanover County Contract # 96 - 0065 .discriminate against an em to ee or a licant for em to ment or otherwise ille all Y P Y PP P Y 9 Y deny any person. participation in or the benefits of the project which is the subject of this .contract because of age, race, creed, color, sex, age, disability or national origin. To the extent applicable, Vendor will comply with all provisions of .Executive Order No. 11246, the Civil Rights Acts of 1964 (P. L. 88-352) and 1.968 (P. L. 90-284), and all applicable Federal, State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives .promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and may result, -at County's option, in a termination or suspension of this agreement in whole or in part. 11. Familiarity with Laws. The Vendor specifically. acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA). requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and agrees that he, his employees, subcontractors . and suppliers will, at all times, comply with same. If the Vendor,. shall discover any provisions in the Contract Documents which- are contrary to or inconsistent with any ' such law ordinance, rule or regulation, he shall immediately give, notice thereof to the County in writing, identifying any items of work affected, and he shall not proceed until he has .received written direction from the County with respect to these items. If the Vendor performs contrary to or inconsistently with any such law ordinance rule or regulation. without giving such notice;, he shalt bear all costs which area consequence ' of such performance. ~ 69 1 "' ~~ New Hanover County Contract # 96 - 0065 a ' 12. otices. All. notices required hereunder to be sent to either party steal l be sent to the following designated addresses, ~ or to ~ such .other address or addresses as may hereafter be designated by :either party by mailing of written notice of such change of address; by Registered Mail, Return Receipt Requested: To County: -~ New Hanover County Vehicle Management . Attention: Cindy Lucas Route#6, •Box 49A ~ • Wilmington, North Carolina 28405 To Vendor: Springer Eubank Oil Company Attention: Glenn Lea ~` P.O. Box 426 4 . Wilmington, North Carolina 28402 13. Independent Contractor. It is mutually,understood and agreed that .Contractor is an independent contractor and not an~ agent of County; and, as such, • Contractor, fiis or fier agents and employees .shall not be entitled to any County employment benefits, such as, but not limited to, vacation,' sick leave, insurance, worker's compensation, or pension or retirement benefits. 14: Interpretation. All of ~ the terms and conditions contained in ~ the contract documents shall be interpreted in accordance with the laws of the State of North Carolina ~ ~- 45. •~'Entire Understanding. This contract constitutes. ~ the ~ entire understanding of the parties. and contains all of the terms agreed upon with: respect to the subject matter hereof. No modification or~ rescission~.of this contract shall be effective unless evidenced by a signed writing. ~ (J IN WITNESS WHEREOF, the parties have caused the execution of this 70 5 ~ r -. I New Hanover County Contract # 96 - 0065 instrument, by authority duly given on the day and year first above written. ~~ NEW HANOVER COUNTY ' [SEAL] ~ ~ Robert G. Greer, Chairman ~ Board of Commissioners ATTEST: Clerk to the Board SPRINGER EUBANK OIL COMPANY [CORPORATE SEAL) President . ATTEST: A Secretary This instrument has been pre- . .audited in the manner. required by the Local Government Budget and. Fiscal Control Act. Approved as to form: '~ .County Finance Director County Attorney ~ ,~ ~ ~ 71 . 6 h 1 New Hanover County Contract # 96 - 0065 a NORTH CAROLINA NEW HANOVER COUNTY ~, r a Notary Public of the State and County aforesaid,. certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of ~~ ~ ~~ , 199 . ~~ Notary.Public a My commission expires: J ~~ ~~ STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, certify that personally came before me this days and acknowledged that (s)he is Secretary of SPRINGER EUBANK OIL COMPANY, a North Carolina corporation,. and that by.authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its official seal and attested by herself as its Secretary. WITNESS my hand and official seal, this day of ~ , 199 Notary Public My commission expires: r 72 D t COUNTY OF NEW HANOVER, NORTH CAROLINA INVITATION TO BID . ON FUELFOR COUNTY VEHICLES Pursuant to Section 143-129 of the General. Statutes of North Carolina, sealed proposals addressed to Amy J. Akin, Purchasing Agent, New Hanover County Finance Office, 320 Chestnut Street, Room 602, Wilmington, North Carolina 28401 and marked "BID FOR FUEL FOR COUNTY VEHICLES, BID # 96-0065" will be accepted until 4:30 p.m. Thursday, August 24, 1995. Instructions for subrrutting bids and complete specifications may be obtained at the County Finance Office during regular office hours. The Board of County Commissioners of New Hanover County reserves the right to accept or~ reject any or all bids and to make the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent New Hanover County ,Advertised: August 13, 1995 , 73 REQUEST FOR PROPOSALS TO PROVIDE FUEL FOR COUNTY USE RFP # 96-0065 New Hanover County is soliciting proposals to provide fuel for county vehicles through a computerized fuel dispensing and accounting system. Bidders shall submit a narrative addressing all requirements or requests for information contained' in thic Reg~ect for Proposals (RFP) Current S, sv tem The County is currently contracting with a local vendor to provide a computerized fuel dispensing and accounting system. The County has'approximately 287 vehicles that utilize this system. Current contract is to expire September 29, 1995. 'wired Services/Products A computer card system with 24 hour, 7 days per week service. Service must be provided under emergency situations and during power outages. During emergency situations vendor would provide pump trucks to be stationed at locations determined by the county for the fueling of county vehicles. 2. The computer system should be either a two card system (one card to the employee and one to the vehicle) or a personnel identification number system (P.I.N.). Either system must have the capability to track vehicles and drivers independently. Cards are to be provided at no additional cost. Reissuance fee per card must be stated. 3. Bills are to be provided to each County department on a monthly basis with a summary of transactions on a vehicle basis. Additional summaries of the department must be provided to the County Garage and County Finance. A sample of the billing format should be included with proposal. These monthly summaries must include: - • Mileage of each vehicle at the time of fuel purchase • Date and time of purchase • Product and quantity purchased • Total sale • Identification ~of driver and vehicle • Location of purchase 4. The proposed billing basis must be sated as well as any discount(s) proposed. The county would prefer that any discounts offered be stated as cent(s) off the advertised price per gallon. 5. Successful bidder shall provide training to applicable departments in use of the system 74 e i i 6.. The .following products shall be available: • Regular Unleaded • Midgrade Unleaded • Premium Unleaded • Diesel -Highway • Diesel -Non Highway 7. Successful bidder will allocate at least 40,000 gallons of gasoline and 10,000 gallons of diesel . fuel per month for use by County vehicles. Successful bidder shall also. make a good faith effort to supply whatever incremental quantity increases County. may request. over the contract period. S. The County desires that at least three fuel locations be available; .preferably one in the northern portion, one in the central portion and one in the southern portion of the County. Bidder must state all available fuel locations. sward of Contract The following factors will be considered in evaluating proposals for award: • Price • Fuel locations • Plans for emergency situations and power outages '~ ~ Reporting and Billing System Term of Contr The County proposes that the length of contract for fuel supply be not less that three years. County shall have the right and option to extend and renew the contract for an additional period of three years upon the same terms and conditions as the original contract. Reap nsibili of ompliance with L~~a, LReguirements The bidder's products, service and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards of any standards adopted by nationally recognized testing facilities regardless of whether or not they are referred to in the RFP. 2 75 4 Submission of Pro ,orals Proposals shall be addressed to County at the address shown below and received by 4:30 p.m. August 24, 1995. Any proposals received after the closing time for the receipt of proposals will not be considered. , New Hanover County Finance Office Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 ~ . Wilmington;.; NC 28401 . Questions concerning this RFP should be addressed to Cindy Lucas, Administrative Assistant at (910) 341-4320. ~ .. ,. .- Addendum The RFP constitutes the entire set of instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum~which will be mailed to all bidders who are listed with the Finance Office as having received the RFP. ~omnliance with RFP Requirements Failure to comply with these provisions or any otlier:provisions of the General Statutes of North Carolina will result in rejection of proposal. Bight to Reject Pro oR sals . .: The County reserves the right to reject.any, or all proposals: ~ ~ - 76 ~ 3 SPRINGER-EUBANK OIL :COMPANY ,' P. O. Box 426 ' _ 123 West Shipyard Blvd. W I LM1 N GTO N, N. C. 28402 August 24, 1995 New Hanover County Finance Office Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 RE: Request For Proposal (RFP) Dear Ms Akin: Telephone (910) 343-1991 Once again Springer Eubank appreciate the opportunity to quote on fuel for the County Vehicles. We offer a computer card system with 24 hour, 7 days per week service. Service is provided under emergeny situations including during power outages. We have a verbal understanding with CP&L_ in which they will have power to at least one of our locations to fill their vehicles or others during emergency needs. As you know during the last storm we provided 4 tankwagons with pumps at different locations around the County until we had power at our stores, we also had to serve the city because of problems with the generator at their fueling facility. We have 12 tankwagons with pumps if needed and approximately 120,000 gallon storage at our plant. During .the past three year contract we offered at no additional expense to the county free car washes. We estimate that we are . giving approximately 250 washes a month free of charge to the county, so please take that in consideration. I feel we .have given the county excellent service during the past ' three years. and hopefully we can continue doing business. If there are any questions that you might have please feel free to call. .Sincerely, ~~ Glenn Lea 77 SPRINGER-EUBANK OIL COMPANY Q • P. O. Boz 426 123 West Shipyard Blvd. WILMINGTON, N. Telephone C.~28402 (910) 343-1991 S-E Food Mart #1 762-7730 a 4415 Market St. . .~ Wilmington, NC (Kerr & Market) Gasoline & Diesel ~ ~. S-E Food Mart #2 - 799-3330 5130 Market St. Wilmington, NC (Beside Maola Milk), Gasoline & Diesel S-E Food Mart #3 .791_ 8022 r 6433.So. College.Rd. ~ ,. Wilmington, NC ~ ~~ _ (CAR WASH) ;. ~ a (Monkey Junction).: Gasoline & Diesel S-E Food Mart #4 350-0031 t 6126 Oleander Dr. Wilmington, NC ,• (CAR WASH).. ~ = (Bradley Creek) Gasoline &~Diesel: S-E Food Mart #5 251 -8148 a 901 ~ S. 3rd St. . Wilmington, NC ' ~ ~ (GAR WASH) (3rd & Dawson) ~ Gasoline Only LJ Springer-Eubank Co.,Inc. 343-1991 _. 123 W. Shipyard Blvd. ~ - Wilmington, NC l~iesP1 nn~v REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 . Regular Item #: Consent Item #: 4 Additional Item #: Department: Environmental Management Presenter: Dave Weaver ,Page Count In Agenda Package: Contact: Ray Church SUBJECTS Denial of Request for Waiver of Tip Fees for Luther T. Rogers for Old Roofing Shingles on River Road BRIEF SUMMARY: Mr. Luther T. Rogers has requested the Board of Commissioners consider his request for a waiver of landfill tip fees for the disposal of 11 cubic yards of asbestos shingles removed from his wife's property located on River Road: The amount of reimbursement requested is $330. Mr. Rogers states that the shingles were illegally disposed on the property and discovered by him on Labor Day, 1994. Mr. Rogers has filed a report with Sheriffs Deputy John Murray but no leads have developed in the case to identify the responsible party. RECOMMENDED MOTION-AND REQUESTED ACTIONS: Staff does not support the waiver of the tip fee. State law requires properly owners be responsible for . activities conducted on their property. It is unfortunate that illegal dumping does occur by inconsiderate contractors and homeowners. Means to secure the property by gates, cables, or berms should be considered. Historically, tip fees have been waived for service organizations ie., Habitat for Humanity, Big Sweep, and Goodwill. The Department of Transportation also receives free tipping for litter removed from Public right-of--ways. By comparison, a local industry recently paid several thousand dollars to clean up an illegal i durnp site discovered on their property. FUNDING SOURCE: Federal S: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: _ LGL: FIN: BUD: HR: Recommend denial of request for waiver of tip fees. ~~P~~~~~ ~o~~~~~ ~~~~~~~~~~~~~~ Refer to Otfice Vision Bulletin Board for Disposition 79 i INHC ENYIRONM. MGMT. 9103414371 ~~ P. ~ 1 BIT I A I I L~~~l(~J~ ~. ~C~~E~S! ~l~C. ~` ereera~ ~anlractors , ~~~~ MAILING AODRCas, TCLtPHONi. (910) 76E-6667 6TREi A.O. 80X,575 ~ FACSIMILE (910)J6~-661p 1012 601 wILNiNGTOIf, N.C. 2A406-0573 = September 11. 1995 w,~>.INa Mr. Raymond L. Church, Jr. R.S.. Director of Environmental Management • 3002 U. S. Highway 421 North ~ ' Wilmington, N. C. 28401-9008 • AODri E68~ 1.17711 ~iTR( • Re: Illegal Dumping~of ~sbe$tos • • ~ Roofing .Shingles'on ,Riv r Road Property .. Dear Mr. Church: Please refer to~our telephone conversation on or about September 1995,• regarding the Landfill costs involved in removing the above refQrenced asbestos shingles from land owned by rr~y wife at 7022 River Road. ,. As I explained to you on the phone, we discovered the shingles on our, Property on labor Day, 1994. At that time, we filed a report with the Sheriff's Office, and.re ently talked with Deputy Jbhn Murray. Ne advised us that he was aware of th report and had visited the site and had seen the shingles on our Property. H also advised that there were no clues as to the person responsible fpr the ump. • ~ . Ue therefore request that you forward to the County Commissioners our request that we be relieved of the cost of the'LandfiTl fees for the d sposal of hazardous materials generated by persons unkown. I can assure you .that it has cost us more than the $330.00'Landfi 1 charges, to load and haul these shingles for proper disposal.' We appreciate anything you can do for us in this.~regard. Very truly yours, . .. - .. LUTHER T. RQGERS..INC. _ • ~ Luther T. Rogers, Jr ( ' Vice-President~Treasurer~ ~~ ~~ ~ ~ Postt=it• Fax NOte 7671 Date - I O p~ LTR,JR: dl r ~,~ ~~ :t ~ wt ~ ~ ~ ,, ROm ~y~eGL ~ ~~.ri~~i ~'~ :u,~ ,o•.~.~ ~ d Co"/OeDL Co. .._ _ ! Fal( Consent Item #SA ~~.ldgef .A.xxlexlc~xn~zlt 10/02/95 Meeting ...~.w.~~ei~afi~:;~~v^5~.~..~.~a.~~,..,»..w.w`q.~.t•x>~ie~e.. . ;, ~!nvice:..w.i...!~e...w,1:>....~>M:e...:!e.~r..~>ywo~ ......•.,.......w.v.......;,.ww..w.,~.y!!~~ :...;......~.va>stem:......~:..>..«t...r,:•....i•...........~...v........... ..5, r.:5}. ~.~. a „~:. Y. ~:. , ~.. \~ .. „ •\.,. ...... ... n. ,.. .. n.. ~. ~. .. ., n... ~ n!•. • .• :• .:v` : •. 5:2:•:4:.?.~ ... .~ ~.. P.i~ . : n\ . :•\ ~ •\•. ...:. .......:.2a ................a4.... ...va...u....2\::5 .~ . !~.. . ~.. ~ ~.~~: ». .. v:ii::. .t<.. 2 . \ ~ ,~:iri~ a:`:.<.a...::ii::i<u ::..~.2,:: jai ... .. .... .... sa........ i.::....:•.C:2:•.i:+ai...::iiii..a..4..:x2:2<: Z.. -rRic:<:<5`a:. ~a 2~::«:a::a22u.,:.cu::..au 2a.~: Z:....~i~na.:. DEPARTMENTS •BUDGET AMENDMENT# Computer Aided Dispatch 96-10 ADJUSTMENT• DEBIT• Comguter Aided Dispatch Interest $9,300 Computer Aided Dispatch Capital Project Expense DATE• 10-2=95 ~REDIT• $9,300 r~ ~ ~~ . -~ - ~at~~~ ~ ? ~~a 1 ~..._ EXPLANATION To budget interest earned on the project•.~~• For Budget Officer's approval; then report ,lo Commissioners al next regular mccling / and enter in minutes. f To be approved by Commissioners. T~ hr enler~tl hilii minulos. ~~~ ,. ~ Budgef Amendment Consent Item #SB 10/02/95 Meeting (T ...pry...a........,'..>.....~.r...r.......w U t.a:..$ .....a. ;: ~G: ur.:.`.::„:tea ~ucui ~'. DEPARTMENT: BUDGET AMENDMENT# Controlled Substance Tax 96-11 Capital Project ADJUSTMENT: DEBIT: Controlled Substance Tax Miscellaneous Revenue $10,700 Controlled Substance Tax Motor Vehicles ~_ DATE: 10-2-95 CREDIT• $10,700 ~ ~l. ' ~~ ~~ ~~ ,~~ ~~~ ~~~~~~~B~S-~~~ ~~~: ~:~ ,..r~~.. , ,'-~ .~ .~`-;gip ~ ~>--~ ` _ ., t ~" d ~ ~z~e ~,- ~ r, EXPLANATION To increase budget for insurance. proceeds from wrecked vehicle,- new.,,. vehicle was purchased from Controlled Substance Tax funds. ' .•. :- 82 .. For Budget O((icer's approval; then report • to Commissioners at next regular meeting ~nd enter [n minutes. iU ~i To be approved by Commissioners. Tn hn rnlr+r(1 inln minulrc Consent Item #SC BL1C~gEf -~,~1ejZC~jnent 10/02/95 Meeting \. .~' ' ~ .~CCMVhw?N??w; vwT?!In~.~!!vC!!: .a.:vnvnv.y.?:.v?iv??•{.; :<::F....; ;: >.;r:? . v.: v:v. v... ~~ CY.w~Y^!C.`?`~!'M)w~.w?~wMyw.~.~wrn ; AwJ. •.a:~..Af:?y.a.Ca!nv:A: ..???......v n. t• v. :... v?\:. v..v.vv?.vk}}:L'?:t .~: u:. ~. . ,~. ~ ~.::.:. .:.. a.. :;;:: ...aiaa.. . . ... :?:fir,.. „i.. '5::: :u3 \.. ~''i :;: ~t:t ` • a ~'' + " .. .. i .tip ~' - ..„¢:.%: . 'cam : ~ v:: i% f ....«i\::.::<:i??::.a:a..„.... ....\::uia`':..ac:''«iF:'.~~..d:aa~u::::uuaw•.::::2::\.~2:iw ~~EIPARTMENT: BUDGET AMENDMENT # -DATE: 'ontrolled Substance Tax - 96-12 ~ Capital Project ~10-2-95 ~`DJUSTMENT: ~ - DEBIT: CREDITS ontrolled Substance Tax Controlled Substance Tax $3 857 , ,Controlled Substance Tax Supplies $3,857 ~ r ~' • . c \\ y+ /F ~ _ - ~~i - ~.('{ ( ~ ~C. N... ~ './ Sk M V~~:1i/~ ~ _ j~ ' /'J~ _ _yy ~ ~_y{~y~~pj~-}~~)~(/y_f}. ~ j{{~ ~j_ ~ ~~ k • ~~~' ~ ~~~ ~ ~ ' ~ ~ ~ w . r( / f . f/ t/~ t' .-g ~ [''~ ~./ pV (1~ ~///~ry~~~YY "p /' {~ {{ ~ ~ ~ ~~ ~~~~ ~ ; ~ ,- .^.^a.f .-. u.-.!h • .. ..:~. ..._ UUt DU 3® Y tl V V ! - -- EXP LANATLON increase budget for additional revenue received. Controlled -.~~1. b u stance tax funds are budgeted as receiv ed and must be used for aw enforcement activities as the Sheriff deems necessary.... ' 83 For Budget Officer's approval; Then report to Commissioners at next rcgul~r meeting and enter In minutes. To be approved by Commissioners. ~-~' Consent Item #SD • Budget Amendment ioio2i9s Meeting .. .. ~ DEPARTMENT BUDGET AMENDMENT # DATE ' Social Services.` ~. 96-0050. 10/2/95 5 ADJUSTM ~.ts'r DEBIT ~~ .~ DSS Admi ni mot-rat-inn Administrative Grants $5,800 DSSDSS ~AFDt: • .State Issued Checks $4,200 .. ~~ DSS/Food St-amn~ - .. Miscellaneous $5,000 ~--- • Child~ti~2x~ort S rvi raG Miscellaneous $5,000 a r ' ~~~ .~.. _ .__._ ~. ....._.,~~:,,_i K EXPLANATION To budget additional. revenue received from the NC Dept. of Humari Resources for the Food Stam s and Child Su P ort • • . PP Serve ces Pro r . g ams - administrative reimbursemen -- ~ - . .~ 84 ror Budget Ofticcr's approval; thin rcporl • to Commissioners at next regular mccling and enter in minutes. •, '' ~ To be approved by Commissioners. • To be entered into tnututcs. 1 REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Regular Item #: Consent Item #: 6 ~ Additional. Item #: Department:.Museum Presenter: Page Count In Agenda Package: 14 Contact: Janet Seapker SUBJECT: Vazious grant applications for a temporary cataloger BRIEF SUMMARY: Cape Fear Museum is applying for accreditation to the American Association of Museums in June 1996. The standazds require a completely labeled and cataloged permanent collection. The Museum would like to apply to four {4) different foundations and the Department of Cultural Resources to secure adequate i funding for the temporary cataloger. While it would be highly unlikely to receive more than the $16,234, if more was received, additional temporary help could be hired. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request permission to submit grant requests to the following foundations: Lance Foundation, Van Every Foundation, Cannon Foundation, Hillsdale Foundation, and the A.J. Fletcher Foundation. Also, request permission to file a grant request to the State of North Carolina, Department of Cultural Resources. FUNDING SOURCEL Federal $: State S: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: d REVIEWED BY: LGL: FIN: BUD: HR: APP AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend .approval to apply for grants to secure funds for a cataloger for the purpose of applying for accreditation to the American Association of Museums. Approval should be granted with the understanding the County fun of be expended for the cataloger and that when grant funds aze exhausted so is the position. ~+=~~ _~. ~~ ~ ~~~~ ~~~!u~~v~~~~9~~~ 8 5 Rcfcr to Off ce Vision Bulletin Board~for Dispositio ~~'°'~ ~~ NEW HAN~VER COUNTY CAPE FEAR M[ISEUM . 814 MARKET STREET WILMINGTON, NORTH CAROLINA 28401-4731 TELEPHONE (910) 341-4350,. FAX (910).341-4037 _ ~_ a 21 September 1995 a Zeam Jamisori ~ Q Philip L. Van Every ~ _ Care of Lance Inc. ~ ~`} Post Office. Box 32368 U Charlotte, North Carolina 28232 Dear Mr. Jamison: We would like to apply for a grant from your foundation..'. Enclosed please find a project summary, . our budget, a.list of the Board of Directors, and a tax exemption letter.. In addition, I enclose a museum guide book.. .. If you have any questions, please~call. Thank you for your consideration. Sincerely, ~~C . - ~c~.~-- _ . _. .., Janet Seapker Director . _ .. - ~ {J ~, ~~- a, t9 ~u,r;,w.~ _, ." w - .r. t t 1 1 1 1 1 1 1 1 i 1 1 1 1 i 21 September 1995 W NANO VER C OUNTy CAPE FEAR MUSEUM 814 MARKET STREET WILMINGTON, NORTH CAROLINA 2840 1-473 1 TELEPHONE (910) 34l-4350 l•~fX (910) .341-4037 Zeam Jamison Lance Foundation Post Office Box 32368 Charlotte, North Carolina 28232 Dear Mr. Jamison: We would like to apply for a grant from your foundatio our budget, a list of the Board of Directors, and a tax exemptoion letter.e Ind a project summary, museum guide book. addition, I enclose a If you have any questions, please call. Thank you for your consideration Sincerely, ~~ ~ ~~_ Janet Seapker Director 87 FiILLSDALE FUND, INC. Renaissance Plaza - 230 North ETm~Street - Suite'1000 ~! Post Office Box 20124 ~--J ,Greensboro, North Carolina 27420 Telephone (910) 274-5471 APPLICATION FORM Date September 22, 1995 1. Legal Name of Organization (as it appears on IRS Tax Exemption Letter) • Cape Fear Museum D 2. Name of Contact Person Janet Seapker Title : Director ~ t Address : 814 Market Street ' Wilmington, NC 28401-473 1. '- . `,', ' Telephone Number : (910) 341-4350 3. Summary description of Project (Do not exceed space. Details should be covered in narrative form. on organization letterhead not to exceed three pages - double spaced.) Cape Fear Museum will apply for accreditation to the American Association of Museums in June 1996. The standards require that Cape Fear Museum's collections, consisting of more than 26,500 objects be comletely labeled, cataloged and stored. To accomplish this task, the museum must hire additional temporary personnel. (~ 4. Total Cost of Project ~{ $16,234 LJ 5. Amount requested from Hillsdale Fund $5,500.00 6. Other Principal Funding Sources (with amounts committed or sought Name Total Request Status AJ Fletcher Foundation $5,500 pending t Cannon Foundation $5,500 pending Lance Foundation' $5,500 pending R Hillsdale Foundation ~ $5,500 pending `~$ Principal Sources of Funds for Day to Day Operations We are a county agency funded through annual budgets appropriated by (~ the New Hanover County Commissioners. L (OVER) s Application Form Application Deadl(nes January 15 April 15 July 15 October 15 e The Cannon Foundation, Inc. Post Office Box 548 Concord, North Carolina 28026-0548 Telephone (704).786-8216 The Cannon Foundation, Inc. provides grants to tax-exempt programs or projects in health, education, cultural, historic and religious areas, and community service. The Foundation does not make loans or grants to individuals or to endowment funds.. North Carolina Is the geographic area of interest. The Foundation receives and considers applications on a quarterly basis. Applications are due by January 15,.April 15, July 15, or October 15. Proposal. A program or project description of no more than five pages, including the following: ~. Need Objectives and. purposes How the objectives and needs are to be met Description of applying organization Qualifications of the persons who wilt primarily be in charge of and responsible for the program or project Location and estimated duration Planned method and criteria for evaluation of program or project Audit Report.. Most recent audit report of your organization. Budget... A one .page,, line-item budget identifying the projected expenses and projected income of the program or project. Governing body.- A list, of the members of the sponsoring organization's gov- erning board. Certification of tax-exempt status. A copy of the sponsoring organization's letter(s) .from the Internal Revenue Service indicating the tax-exempt status and whether or not it is a private foundation under the 1969 Tax Reform Act. ~~ Governmental agencies need not submit atax-exempt letter. Optional materials. Additional descriptive materials may be submitted to sup- element the application. .~ About the program.. . Information on this page pertains to the program for which funding is requested. General information Title Accreditation Beginning and endin dates ASAP to for one year Program director's name Janet Seapker title Director. Cage Fear Museum address 814 Market Street Wilmington NC 28401-4731 • telephone (910) 341-4350 ' Total budget for program S '16 233 62 ~ ' Amount requested of The Cannon Foundation, Inc. $5, 500.00 .. Potential funding ~ • ' ~ • ~ • , What funds from other private or public sources have been received or are under consideration for this program? ,~ Received I Under Consideration •••••-•~ Hillsdale Foundation Lance Foundation Van Every Foundation A. J. Fletcher Foundation Future funding It the program is to continue beyond the grant period, what are the plans for funding of the program. upon expenditure of this grant? NSA ,, 90 • • Date September 21, 1995 A. j. FLETCHER FOUNDATION ~[ppfication for Grant PROPOSAL SUMMARY AND TAX INFORMATION Name and address of applicant organization: Cape Fear Museum 814 Market Street Wilmington, NC 28401-4731 Officer or employee of applicant organization to. whom inquiries should be addressed: ~- Name and Title . Janet Seapker, Director Telephone number .(910) 341-4350 Brief statement on the background and mission of the organization: Begun in 1898 by the United Daughters of the Confederacy as an effort to preserve Civil War artifacts, Cape Fear Museum today collects, preserves and interprets objects relating to the history, science and culture of the Lower Cape Fear, and makes those objects and .their interpretation available to the public through educati~ exhibitions and programs. The museum, an aggressive leader in collecting and interpreting t_he region's natural and social•history, owns approximately.26,500 artifacts and continues to~grow.. Since moving into expanded facilities in 1992 donations have increased by 3007. and the museum has recived more than sixty requests from scholars and researchers to use the collection. Brief statement of the purpose for which a grant is requested. Please summarize expected benefits: Cape Fear Museum will apply for accreditation to the American Association of Museums in June 1996. The standards require that Cape Fear Museum's collections of more than 26,500 objects, be fully labeled, cataloged and stored. To accomplish the~task the museum must hire additional temporary personnel. Accreditation will benefit the local community, as well as scholars and researchers, be enabling the mu$um to provide greater access to research and objects. Once the artifacts have been cataloged and their conditions assessed, the museum will be more able to identify the strengths and deficiencies of the collection. In addition, the museum can produce better exhibitions and educational programs for the public. Total amount requested: $5, 500 Percentage of project budget: One=third Organization's total annual operating budget: $632, 749 Amount and percentage of annual budget received from federal, state or local government: $632.,749 Are you soliciting funds from any other organization? Yes 91 .~ MEW. HANO~VER COUNTY "..~~" ~"~~ ~.~," CAPE FEAR MUSEUM .. . 814 MARKET STREET ' WILMINGTON, NORTH CAROLINA 28401-4731 . TELEPHONE (910) 341-4jS0 F~t,Y (910) 341-;1037 ,. ,: CAP E FEAR M U S ElJ M BOAR D O F TRUSTEE S j ~ ~" 1 995-~- 1 996 'i _ _ Olga R. WHEATI_EY, CHAIRMAN (Nov .. 91-June 92-June..95-June 98> 315 Pinecliff Drive 28409 Res:. 791-4051. Ronald_ H. WOODR,UFF.,, VICE-CHAIRMAN .~ (June 92-June 95-June 98) P. O. Drawer 2088 28402 Off: 763-9891 Re_s: 763-623.6 I', Ann H. HUTTEMAN (Mrs. Harko), SECRETARY (June 91-June 94-June 97) ~ 12.13 Country Club Road 28403 U Res: 762-4647 ~ . -. ~Charles~AGNOFF ~ Donald PATIENCE ~ ~ - (June 90-June 93-June 96) (June 95-June.98) Interroll ~ ~ 6512 Providence Road 3000 Corporate Drive 29405 Wilmington, NC 28405 Off/799-1100, Ex. 202 Res/256-2130 Res/686-7657 FAX/686-7657 FAX/392-3822 Byron G, BEALL ," John C. SIFERS ~ (June 93-June 96) (March 94-June 96) • '- 2617 Columbia Ave. 28403 ~ 6332 Marywood Drive. 28409 Res/343-1954 Sch/371-3597 Res/791-5540 Jack E. 'HART, JR, Kent . SWAIM (June 95-.June 9,8)(June 93-June 96> 311 MacMillan Avenue .Carolco Studio " Wilmington; NC 28403 - " 1223 North 23rd Street 28405 Res/791-4099 Off/343-.3591 Res/452-3060 ' FAX/343-3574 Luther BROWN' ~ Bertha B. TODD'(Mrs. Edward M.> (June 91--June 93-June 46) (,Feb. 91-June 91-June 94-June 97~, ~ 1944 Brookhaven Road 28403 114 Mercer Avenue 28403 Off/343-1991 Res/762-7883 Res/763-5943 I. FAX/343-8551 ~ " j Ann CONNER - David Ward E <J 91~-June 94-June 97) (Ex officio non-voting ~ 32~~radleigh Road 28403 representing Associates) Off/395-3440 Res/762-5788 McGladrey and Pullen P.O. Box 1730 i Wilmington, NC 28402-1730 '•3•. :i::.. .•. i. ~ '~ rf ti..!... . t: : ;fir.: / • .i • • a J . ~ • L' ~L t. n11 ~ f.iL w.•y.lr • • : ~••~ezv:.~anover ~ oun (7[~~(_]~/I .Boas c~ of Commissioners:.. ~_ ~ =~~1~ • • . .... esoCution . • - ~-~:• .~ ,•.t e::institution' currently "known. as'New~Hanover.•'~'• '~' _ „ :'T~~= . "County:`Museum;.~,~interprets the •histbry:of. •the•;•area:in and '`~ ~ '~'~•~` • beyond: the-boundaries of New Hanover County;•~~referred ~ to •as~~ ~_•;;.; ~, ;' ;=:~.;; • the Lower•SClspe.:Feac region; .and' •, •• ~.~ ~, WHEREAS ••_ = ~ry ..• .• `: . • •'. ~~•• :,.' .,.. ~• .•~: ,`:the: region .is deg fined as the' area. within.a 50-mile- - ••°~:~•. ;~ _ lmin ton. zncomoassing a.ll ~of'•New•Hanover:•and;•al•1•' ~.• `:'-.•:~~, •~or.parts o/ .Brunswick Pender. •Onslow Du lin ~• Sam son "r.. :,ti•:;it .• Bl~aden:• and'rCol~umbus .counties; sand • '''. p ' p ,?• •, '- = ..'_ .,•~`'~'"'":`::•, WHEREAS Co.i.o•n ~• ~ .. • _ ~ :' ~'•``A:• R •;~y-c ,• i a 1 New' Hanover • .• ~~. - '• L ~"ti County covered an area even _~ ::• _ ..~,~ . ~ greater. than~•that.~within tfie 50-mile rad •. ' • ~~. '~~~`•.• ~•-='••'= '"~ • ius; and. :' .. - • ~WHEREAS,• the .museum i s the. lar es t ' in th {ar ~ •~:' •t. •! .•• ~~ e es and provides. . `• ~" 'f;_ ~~~ g ~;_'•~• programs and services to a regional audience, especial.l~y: to; ~• ~•t•' •'- tzacher-s and ,stude•nts;•• arid.-, .. ... •• • ..:• •: .:~.. i . •~'~~~~'. ... •I •• .. L. ,• •5• , •i•••V N .I~ _ WHEREAS, r.esea•r•ch has been ~con~uc zd. which •demanstrate ~ th'at' ~''='~•• • e.~name •~of ,the museum ne=ds ~ ~o .Wore c 1 ear 1 y .de: i ne 'its •• :~ ~: :•~. . • reaional~ interpretive mission and identify its rsgional~ • •~.. service ;area; and ~ ti ~• WHEREAS ch.a g th r. Lh • {, ~ .. Lt:;:,. • t •: • ,.• n ing a name of t.l e museum will not only~•~ • • ~• ~~''.'~' ~ .. /:• • 'provide'cle.ar. distinction of its interpretive and service .'~•' ~•'' • areas, but .will'effect .positively upon the region's tourism~~. ':~ ,. industry ~•and' expand possible funding sources ~ or.. enhancir._g' ~ ~ : `~~' museum growth .and .development of programs; and • ~ - • • '!•~~ . ,. . ~: NOW.., THEREFORE BE IT RESOLVED, that, as part ~f. the Grand • • ~ `~'`:. .Opening., • New Ly ~ :..,:•;.:• Hanover Coun ~ f1us=um sha 1 1 be renamed Capre • ' '.' -; fear. Museum and include a phra = •'•~~~'• se identifying it 'as an ag=ncy' ~•,~ '~ •.of New Hanover County. I AdoptEd • th is. 20th day of May, ? 991. ~ _ ~ • - •`~:~ ti ~'~ 'J. ,. ,•t . ~' ~.~z;- Frad Retchin, Chairman .. ;. •_~~::• -t.• ='; ~~~• ~ • 1 . ~J V MO . r"1 ~ O O O e'1 O LL a70v1v0 1 I .. - _ ~- J t PIV1f'~f~m0 O .010 NmO1o In ~tN0/~ h N N O~ ' O~ ~ .~.. t0 .O O - ' Otn NSA V~+.- fD~ 1+1h•0.r.-1Oha001'~1tnd I~ WO #OF- 111PG0•~Il O• dd.TNV~O..~tn as O•mh .00 d •O .t .t MNNNV- • _ WW wwwww w ~wwwww.N~wwww w ~ ~ w ~ ~~1 I 1 1 ' - - (~•-• # F-tD OmPdN h '~-IIA.tmOh NNN.+ ~ N w w O ., 4F~ # 00 MTNMwN d •fMNNN~!' 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P O O. - ~d PO r-1 N.rN T •-~f~~AYU10• TNm.•r N 1~1 to O•' O~ ' P Z 1+1 w....,. m tf1....+.A.-~u'\ .+.~-.+.-1 v1 In to ~ .O .O /'I W M RI N MM M 'y M N Ifs If1 ~ ZZ Zt~ }( ~ • - .. ~ _ . . t ~ ~~ APPLICATION FOR STATE GRANTS PROGRAM . DMSION OF ARCHIVES AND HISTORY ,. DEPARTMENT OF CULTURAL RESOURCES ~ _ .. Please type or print clearly. Grants will be awarded in accordance with administrative ` guidelines issued by the Secretary of the D~ partment of Cultural Resources. Complete ~~ both sides and submit tK•o copies. . 1. PROJECT: Accreditation Location of Project 814 Market St. Wilmington, NC 28401 New Hanover Address Town - County ,-. ' 2. LOCAL SPONSORING ORGANIZATION: Cave Fear Museum Contact. Person Janet Se k (s). - ay er Tttle: Director Address: .814 Market St. Wilmington, NC 28401-4731 Telephone: (day) (910) 341-4350 ~ (evening) Project Coordinator(if different) same Telephone ' ~ 3. AMOUNT REQUESTED: $ $16, 233.62 4. ESTIMATED DATES: Begin project ASAP End project one year ..: .. . S. USE OF FUNDS: itemized budget for work to be accomplished {such as staff, equipment, supplies, etc.), Budget Items: Estimated Cost: - ~ ~, Salary $ 15,080 FICA 1,154 ' J ~, ,. ~ ~ ~ . • ~. ~' . ~ Total o t• 16 233.62 C s.$ , 1 ~' Cape Fear Museum will apply for accreditation to the American Association of Museums in June 1996. The standards require that Cape Fear Museum's collections, consisting of more than 26,500 objects, be properly labeled, cataloged and stored. To accomplish the task the museum must hire additional' temporary personnel. We request your contribution toward the project. BACKGROUND HISTORY . The American Association of Museums (AAlv>) is the premier professional organization of museologists. During the 1960s, AAIvi instituted the process of accreditation to provide standards 'U for, and legitimacy to, museum practices and to bestow a seal of approval on museums which have Lf met professional requirements as caretakers and interpreters of our nation's physical past. Cape Fear Museum, .begun in_ 1898 by the United Daughters of the Confederacy as an effort to preserve Civil War artifacts, today collects, preserves and interprets objects relating to .the history, science and cultures of the Lower Cape Fear, and makes those objects and. theirinterpretation available to the public through educational exhibitions and programs. Since 1973, Cape Fear Museum has offered educational programming to..the public. All New Hanover County fourth graders~visit the museum fora curriculum related program. In addition, the museum offers adult programs such as a scholarly lectures series and a performance series.. Cape Fear Museum is recognized as thepremier museum in the Lower Cape Fear. The museum, an aggressive leader in collecting and interpreting the region's natural and social history, owns approximately 26,500 artifacts and continues to grow. Since moving into expanded facilities in 1992, donations have increased by three hundred per cent: Aside from enjoying an excellent local reputation, Cape Fear Museum. is recognized both nationally and internationally. In,1994, the museum loaned to the Merseyside Maritime Museum in Liverpool, England, a shoe last used by plantation slaves, for an exhibition which explores England's role in America's slave trade. The Thermenmuseum, in Heerlen, Holland, requested the loan of a series of watercolors painted by a local artist, Henry Jay MacMillan, while he served in Western Europe during World War II. Businesses such as Kentucky Fried Chicken and Applebee's restaurant chains, as well as film and television companies such as Turner Broadcasting System and "Matlock", have contacted the museum for photographs for publication and objects to borrow: For example, photographs from the museum's Image Archives collection will be used in a book about Michael Jordan soon to be published by Penguin USA Since 1993 the museum has received more than sixty requests from scholars and researchers to use the collections. The museum itself draws constantly upon the collection to mount exhibitions and programs. Such use is possible because the museum staff has concentrated on gaining control over collections. According to an inventory conducted by the Collections unit in December 1994, while ~, 78% of the collection is computerized, many records are incomplete. There is, also, a backlog of objects (22%) with no computer records. However, in January 1995, the museum purchased a new collections software program that allows for thorough object description and detailed object searches. Cataloging an artifact onto the. computer involves including a number, the proper,, nomenclature for the object, a thorough description, condition reports, appraisals and provenance. The description will . :~ tailed enough for someone reading it to draw a mental picture of the object and recognize it on ~- PROJECT DESCRIPTION The museum intends to apply for accreditation in June 1996. All objects must be cataloged into the computer and properly stored, and related paperwork (such as contracts of gift, condition reports, etc.) completed before an on-site evaluation of our methods and procedures by the ~, accreditation visiting committee. The museum has directed as many resources as possible to process the collection. Currently the museum employs three collections people: one permanent full-time, one temporary full-time and ,~~ one temporary part-time (20 hrs/wk.). All three employees devote most of their hours to processing the current influx. of donations, working on average only 14 hours a week on the collections backlog. Nine volunteers work exclusively on the collections backlog, putting in an average of 38 hours, total. Combined, 52 hours a week devoted to the collections backlog is not enough for the _ museum to prepare for the accreditation committee's visit. Cape Fear Museum must hire one more ,professionally trained, full-time employee to ~: .accomplish its goal of accreditation, but lacks the funds to do so. We ask you to contribute $1.3,000 to this effort. Accreditation will benefit the local community, as well as scholars and researchers, by enabling the museum to provide greater access to research and objects. Once the artifacts have been cataloged and their conditions assessed, the museum will be more able to identify the strengths and deficiencies of the collection. The national and international community will benefit as well, having easier access to the body of information which comprises the museum's collections. In addition, the museum will produce better exhibition and educational programming. In the end, preparing for and obtaining accreditation will confirm Cape Fear Museum's status within the international museum community.- ~- 97 98 ~~ REQUEST FOR BOARD ACTION Meeting Date: 10/02/95 Recommend approval Zegular Item #: Consent Item #: 7 - Additional Item #: department: County Manager Presenter: ?age Count In Agenda Package: Contact: Andy Atkinson SUBJECT: Community Health Center BRIEF SUMMARY: Documents contained herein are the following: . 1) Letter of Understanding between the Regional Medical Center and the County concerning the contribution of $1,000,000 by the Regional Medical Center to the County for construction of the Community Health Center. 2) County Contract 96-0039 between the New Hanover Community Health Center and the County that conveys certain property to the Community Health Center and in addition provides partial funding for the construction of the Community Health Center and payment of AIA fees. 3) Deed of Trust for the property. on which the Community Health Center will construct its facility. RECOMMENDED MOTION AND .REQUESTED ACTIONS: Authorize the County Manager to sign the Letter of Understanding between the Regional Medical Center and the County. Also, authorize the County to sign contract #96-0039 between the Community Health Center and the County. r ederal $: State $: ~ County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: FUNDING SOURCE: ILGL: FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: ~ '~ ~ (' °wtn~lfi ~ °*1~ C~~ ~;'~v~~~4~~~' 0 ~~r' n~~ Refer to Office Vision Bulletin Board for Disposition DRAF7~ September 22, 1995 ,. Mr. Jim R. Hobbs, President New Hanover Regional Medical Center P.O. Box 9000 Wilmington, North Carolina 28402-9000 Re: LETTER OF UNllERSTANDING, New Hanover County Contract # 96-0039 Dear Mr: Hobbs: This letter sets forth the understanding, representation, and agreement between the New Hanover Regional Medical Center (hereinafter, Medical Center) and New Hanover County (hereinafter, County) regarding construction and funding arrangements for the New Hanover Community Health Center, Inc. as follows: .. 1) The Medical Center shall provide funding up to the amount of One Million ($1,000,000.00) Dollars to the County to be,used toward the construction of the Health Center. The County,shall make such funds available to the New Hanover Community Health Center, Inc. pursuant to'a contractual' arrangement setting forth requirements to ensure ongoing local administration of the Health Center, and . other appropriate fiscal concerns. The Medical Center shall make the One Million Dollar funding available in partial, periodic payments to County following'appropriate invoicing as construction ' ° ` progresses. The New Hanover Community Health Center shall be responsible for conducting the ~ '~ construction project. ° • 2) In addition to the above construction funding, the Medical Center shall make available to the County a sum not to exceed Sixty-Three Thousand Seven Hundred Fifty ($63,750.00) Dollars to be applied toward architectural services provided by BMS Architects to New Hanover Community Health Center, Inc. pursuant to an assignment of said contract by the Medical Center to the New Hanover Community Health Center, Inc. The County shall use the Medical Center funding'to make appropriate payments to the New Hanover Community Health Center, Inc. upon appropriate invoicing of the architectural services. . '. • . By signing this letter of understanding, the parties hereto agree to the above provisions. Consented and agreed to this - day of September, 1995: ~~> _, Pr~s~~New°~Hano'.ver Regional`Medirtcal Center Sincerely, ~ ~ ° Allen~.0'Neal ~~ County Manager ~ ' 1 L 1 1 1 1 1 1 1 1 1 1 1 DRAFT New Hanover County Contract # 96 - 0039 NORTH CAROLINA ~ ~ OUTSIDE AGENCY FUNDING AGREEMENT NEW HANOVER COUNTY ~ AUDIT RFQjJiRFi~ ~ THIS CONTRACT, made and entered into this day of 1995, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter. called "County"; and' NEW HANOVER COMMUNITY HEALTH CENTER, INC., a nonprofit entity organized under the laws of the State of North Carolina, having its principal office in New Hanover County, North Carolina, hereinafter called "Recipient"; WITNESSETH: .WHEREAS, Recipient. has agreed to provide health care and. other services for the benefit ~of citizens of New Hanover County; and WHEREAS, Recipient has requested County to assist in the funding of the above- described services; and WHEREAS, Pursuant to the General Statutes and a Letter Of Understanding between New Hanover Regional Medical Center and New Hanover County, the County is authorized to provide Recipient f nancial support for the above-described services; NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained 'herein and the considerations stated therein, the parties do hereby covenant and agree as follows: 1. Purpose of Contract and Recipient's Use of Funds. County shall provide funds 101 ` New Hanover Count Contract # 96 - 0039 y as received from the -New Hanover Regional Medical Center, for the purpose :of constructing a community health center; along with payments for associated architectural costs,~provided that the Recipient agrees to use all funds in accordance with the following criteria: - 1.1. Coun ,y Procedures.. A copy of New Hanover County Outside Agency Procedures:. General Instructions is attached hereto as Exhibit A and is incorporated -into. this contract by reference. 1.2. Recipient's Rules and Policies. Recipient's rules and policies pertaining to personnel, travel and related matters are attached hereto as Exhibit B and incorporated into this contract by reference. ' ~ 2:. Description of Recipient's Service Area. Recipient shall use County funds to provide services within New Hanover County, including. all municipalities located therein: 3. jJtilization of Consolidated Transportation. Wherever possible, as reasonably determined by New Hanover County, the Recipient is to make every good faith effort to ensure that its clients utilize the New. Hanover Transportation Services to. meet non-emergency transportation needs. ~ . 4: Payment. „Contingent upon receipt of funds from. the. New Hanover Regional Medical Center, agrees to pay Recipient the sum: of One Million Dollars ($1,000,000.00) toward construction of a community health center, together with Sixty-Three Thousand Seven. Hundred and Fifty Dollars ($63,750.00) for architectural services. Said funds will •be paid the Community Health Center periodically as services and expenses are incurred by the Community Health Center and properly invoiced to County. 102 ~ New Hanover County Contract # 96 - 0039 5. Conv~vance. The County shall convey to Community Health Center the tract of land recorded in Deed Book 1742, Page Z50, New Hanover County Registry to be used as the site for the community health center that is to be constructed: Said conveyance shall be subject to such provisions, conditions, reverters, and/or reversions as the County deems appropriate. 6. Termination of Contract: Breach of Contract. Each party shall have the right to terminate this contract by giving the other party thirty (30) days written notice of termination. In the event of termination, Recipient agrees to refund to County all monies received by Recipient under the terms of this contract which Recipient retains as of the effective date of termination. In addition, Recipient shall provide County with a financial accounting, as required by County,. for all funds received by Recipient and on hand up to the date of termination. If Recipient fails to conform to any one of the terms or conditions contained in this contract, Recipient shall be in breach of this contract and the County may take corrective action as it deems necessary. Such corrective action may include, but is not limited to: withholding or reduction of funds not~yet paid, recovery of previously paid funds, termination of services, and immediate termination of this contract. . 7. ,Recipient Financial Re o~nQ. 7.1. Financial Records. Recipient shall establish fiscal control and _ accounting procedures in accordance with Generally Accepted Accounting Principles. The procedures shall account for all funds paid by County to Recipient, .and Recipient shall maintain such records for three (3) years after the date of termination of this contract. 7.2. .County Access to Financial Records. Recipient shall allow the County 103 New Hanover Coun Contract # 96 - 0039 ty Manager, or his designated representative, access to and the right to inspect and copy at reasonable~hours all financial records. 7.3. Annual Audit. Within ninety (90) days of the end of Recipient's fiscal year, Recipient shall have. an audit performed in accordance with Generally Accepted Auditing Standards and shall file a copy of the audit report with County. 8. Recipient '.Coo erg ation.Recipient shall make every reasonable effort to cooperate with County Departments and with~other County funding recipients. • 9. Notification of Changes in Programs/Personnel. Recipient shall immediately notify the County Manager in writing if any of the following changes are made in programs or personnel financed with County funds:' (a) addition 'of personnel; (b) elimination of personnel; m expansion of programs; (d) reduction of programs. 10. Compliance with Applicable Laws. Recipient agrees that in carrying out activities of any kind funded with the moiues made available under the provisions of this contract, it shall comply with all local, State and Federal laws and regulations. 11. Independent Contractor. It is mutually understood and agreed that Recipient is an independent contractor and not an agent of County, and as such, Recipient, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's'-compensation, or pension or retirement benefits. 12. •In 'mni Recipient shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of=personal injuries or death or on account of 104 Budget Amendment ...~,~i.~..;,i.i.,, ...r.ii .•v>••~>~:~~>xr~va~».rv>~~. ~~~~v...,~...,;. ,,...r„„z,,...~...,:. ,.• •v w},~ ...~ , h ... ,.......\..F:.:~}:.,,,~},h.;.y~~}:x~,~;n~y; P~~~nyin~~,..~}y~a~Nv,.v{n.;.n~N~;n~.,.:..•:1 y~•:n~~vn y.~~~. ...~,. ..~~~.,~.~y... r..:.....; ..:.tiz,,, K~~J. •. \~i;~ :,.\.•;::r ~. i` ~' a;\;~\•. ~:J'~; ;\•.~:..i. ,.4~ .~V.~~y..~••i>1` v~~~:.;.;~.(; ::i:tivi':: ~. ~:. .:.....,•.. ....n ........, , ...................... \...,.. ...... .....,.......... .........., ....... \...:....,:: n.... ....., ............., :::~•::::. v::::: ~::::.:: ~:.v:::: :•:.. ~::::: `i:•ii';: ..::.i:: v:J:' , ..,.n........,, ......:....,„~::. v:. :v.i~: i4::: ii::i4:i }:::..< i::::.i::: ~~ :.•::~,~•::.:..:..Z ........ ,•.\:. . .~:.`.•.,,~.. .. ..~. \ .,...:.:::::::v.v.v:i:,~iY.{vi.v:~i.:iiii,v:~•:^};.}}:::::.i :v :}vv: i.: Yr::J:3:}:;•, v.A~.... .,a.,vn\...vn,. r • ^~' 3:•\':L:t'Li}i ivi:: 4:t<• DEPARTMENT :~~..: DSS Expansion Capital Project BUDGET AMENDMENT# 96-16 ADJUSTMENT: DEBIT: DSS Expansion Installment Loan Proceeds Operating transfer in/ $292,258': (from General Fund) DSS Expansion Capital Project Expense General Fund/ Non-Departmental Installment Payments $292,258_: Transfer to Other Funds Transfer to DSS Expansion Capital~Project EXPLANATION DATE• 10-2-95 CREDIT• $165,005 $127,253 $292,258 To adjust budgets for financing arrangements established for the DSS Expansion Capital Project. . `,APPR~1/~~_ r~~a cp~~,~i 1 ~jt~~~..,1'uiL°111V1+L~V Date -d ~_ ~ ~_ .. ' +~ . For Budget O(ficrr's approval; then report to Commissioners al next regular meeting and enter in minutes. To be approved by Commissioners. "fo be entered info minutes. J `, A '" New Hanover Coun - ty Contract # 96 0039 ~' ro ert dam p p y ages ansing out of or relating to the work to be performed by Recipient hereunder, ~~ resulting from the negligence of or the willful act or omission of Recipient, his agents, employees and subcontractors. ~~ 13. Assignment of This Contract. The parties agree that this contract is not transferable or assignable by either party without the written consent of the other party to this contract. 14. Non-Waiver of Right. It is agreed that County's failure to insist upon the strict performance of any provision of this contract or to exercise any right•based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contract. . ... 15. Entire Agreement. This agreement constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No ~- modifcation (including amendments to Recipient's budget of County funds) or rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 16. E~ua1 OAportunity. In connection with the performance of this contract, ~~~ Recipient agrees not to discriminate against any employee or applicant for employment because of race reli ion g ,color, sex, age, disability, or national origin. Recipient agrees to take affirmative actions to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, disability, or national origin. IN WITNESS WI-IEREOF, the parties have hereunto set their hands and seals, by .~ 105 1 . -New Hanover County Contract # 96 - 0039 authority duly given,. on the day and year first above written. NEW HANOVER COUNTY (SEAL) Allen ONeal, County Manager . ATTEST: ..Clerk to the Board. NEW HANOVER COMIvfUNITY HEALTH CENTER (CORPORATE SEAL) _ By: Title: - . .ATTEST: Secretary • • This instniment has been pre- audited in the manner required by. the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney 106 - ~ , ~ ~ ` ~~ New Hanover Count Contract # 96 - 0039 " y ~~ STATE OF NORTH CAROLINA ` NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before. me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by ~' authority duly given and as the act of the Board, the foregoing instrument was signed in its name `~- by its CountyManager, Allen O'Neal, sealed with its official seal and attested, by herself as its C[erk. ~ .- ` WITNESS my hand and notarial seal, this day of , 1995. ~~ `-Notary Public My commission expires: ~~ ._ _ ... T . STA E OF NORTH CAROLINA ' ~ NEW HANOVER COUNTY f ,~ I, ~ a. Notary Public of the State ,and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of New Hanover Community Health Center, a North Carolina entity with its .principal office in New Hanover County, and that by authority duly given ~_ and as the act of the corporation, the foregoing instrument was signed in its' name by its President, - , .sealed with its official seal and attested by him/herself as its ~" ;~, Secretary. WITNESS my hand and notarial seal, this day of , 1995. ~~ ,Notary Public . ~- ' My commission expires: ' ~~! ~- '- 10 7 ~ ~ ~ , ,, Tax Lot No. .,,804809-037-001-000 through 804809-037-010-000; 804809-037-010-001;804809-037-012-000• RC~4$09~=037=015"through 804809'-0'3T=020-000. r Verified 6y .: ...........:.............:........................... ...:...... County on the :........:..... day of .. ..... ............: ..__. ' . .... , 19 ... . • ,. by ..::::..............:.:............:......................:..................................................................................................:..:.........................:.........~:..............:.':... • ~ . . ~ Diail after,recording to' ................._....._...............,.............................:........:....................................:•~..........................:...~ ... ........ This instrument was prepared by .~:~°!...~•Y.,?e5!a. Clffite,,, 320.Q..St.,.. Rn..309, Yhllmrt`Jtrn, N. C..28401 Brief description for, the index i~lt~ ClirtiG ~~' ~~r ~~ ,_ _ NORTH CAROLINA GENERAL WARRANTY DEED • THIS DEED made this ....:........... day of ..........:.:.........................., ........... ... , 1~ ... ... , by and between J . New Hanover County, a political subdivision of the State of North Carolina 320 Chestnut Street Roan 309 .. __. WiLnington, North Carolina 28401 GRANTEE New Hanover Conrminity Health Center, Inc. 408 North 11th Street Wilmington, North Carolina 28401-3701 Enter In appropriate block for each party; name, address, and, 1( appropriate, eturaeler of entity, uQ.:eorDaratlon or pulnershlp. r The designation Grantor and Grantee as used herein shall Include said .parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. .. NITNESSETH, that the Grantor, for a valuable consideration paid , by the Crantce, the receipt of which is hereby acknowledged, has and by these presents does giant, bargain, sell and convey unto the. Grantee in fee s(mpl~y,a~ll tR~ certain lot or parcel of land situated in the City of Wilmington . .. .. ~J 'Township. ~•~~'~ •• •~~..... .... County, North Carolina and more particularly described as follows; ~ }~ aLl of t3t7~ tract cbciik~d in 1?d'IiJait "A", attads'd het~to arri i('bmpzatt~cl hernin b/ z>fe~ as if fully smith. _ _ .. _ . PFOJII~D, i•II~.thR, in th? e~•c-sit of the vit~Liticrl of any o'~e cr mYe of tfie faLlad~ •S the tit]e to t~ party oQneS~ed hie shs11 lnln~ately >:e,t~t to arYi Est atrz~'n,Faly in the gta~', N~ Ftarr~..er ~Yr its S~O.S t2' assigns fa.~r: 1) Nar H~~o~ QTmnity i~ltll Qat~•, 7r~, mst use the aabject pttpezty solely far prp.~ a£ pzvriclirti7 ` \ az~airr3 oQmu~ity heallth seLVirxs. _ 2) 7b ira><e oalplianoe with Feral, State,,ard Iocal piilic health policies aryl gaits, [~+ H• 0lrmnity I-~lth C~d~', Inc. shsll nit assigi, truster, cr s~let the subjet pr.~tty tdtha>t the prlar ex¢~„ oait~ aamatt of Plan H3no~,~c mtx>ly, ~ ~ Zb i(sta~e mrplia<Y~e wit}I F~c~-al, State, aryl Iecal public health palide, arrl g~Ls, t3r_ Nar ~ 1 rty Haalth Cs~ter, 71~. g~a3niry body mst ltwlde kcal ne¢ ar>;i tsz>tzal tir»j, I~ H3rrner 1'~il~~t'S 9Q.\711T3 aS ti'L $ffit"l Of I~I~QS, tD the `,~tL~xtirn Of I~3J II317~' ~Y c"~ ti"e )~1>r 1•~lt~~ SPSN1tJe of the i.hi.tgi StatF3 I~tllB'>t of H~lth and HIISl SetvjDPS. • ~, The property hereinabove described was acqu{red by Grantor by instrumbnt recorded in Boolc.,1742, Page ZSO, - New Hanover CountX.•..Registry.:. ............................. ~~ ~ A map showing'the above described property is recorded in Plat Book .................................... page........:....... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and' 11 privileges and appurtenances thereto belonging to the Grantee in fee simple Subject t0 the above reverter Clat.tse. And the Grantor covenants with the Grantee, that Grantor Is seized of the premises In fee simple, has the right to convey ~: the same in fee simple, that title is marketable and Yree and clear of all encumbrances, and that Grantor will warrant and ~a defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: ~~~ ' i ' IN tVITNESS lVi1EREOF, Lhe Cranlor has hereunte tee hlr hand anA teal, or It eerporalq har caused Mlr Imtrument to be tl[ned U IU _ corporate name by Ila duly authorl:ed oftlten and lu aul to De hereunto afflatd by authorlly e! lu Doard of Dlrecton, Ne day and year flrR ' abew written. - .• New Hanover aunty ' .................................. ................:............ 5+ ~ (SEAL) •: ~. (Corporals Name) - .~ ~ ._ p ' . .............................................................t2F.AL) -----------------•----------aimoumex Chaiztnart ^' _ •.". `~, ArTEST: ~ ~ ~ U . -•-•-•-•------------------------------------------------------- a • G 1~~(i~~ th~ ;~rd :~ ' .J ................................................. ............(SEA L) SCAL•STAMp ~ - NORriI CAROLINA . ........... .'- ........:.__'__. County ~ .. y 1, a Notary 1•ublle of the County and Sule ^rorerald, eerllfY that .......................................... .• ~ ... M ti,: i7 penonallY aPDeared before ms ~lhb day and aeknowled[ed lht eateutlon of the fore~oln[ Inurumenl. Wllnerr my ~ '. , ~ hand and ortlclal tta~np or teal, lhls _._.._.. day or ________________________„-,,,_ ,.,,-, lf_..... _... ; . •; ~! -Ary tommlydon explrer ..........................:...:..............__..............._......... Notary Publle .. .. •., _ .... ... New Hanover ... „ . . ! .' SEAL-STAMP NORTH CAROLINA, _____,__,--- - ,countY, ~ •.. .;;• ' 1, a Notary Publle of tha count -andStats•aroteule, Lucie F Harrell r etruq roar ..~~.•r.~.,,.~~......~..t.,.,,..p.........i........----•----• :.:. ~' a DettonaltY cam. before mt tAlr day and aeknowled[ed Nat .-$_ As U }t'Fit\ ~_ll ~-aaey~K ~-~ ~ • `" ~ y '••-•~'-~~~-t7?y_ts->'!.^'S7..ueaK.r_.__ a North Cuotlna totporatlon, and that by authorlly duly .•:' •. " ~ ~ - • [Iven and at the set of the torDOratlon, the tort[oln[ Intlrument war d[ntd In Its-name DY It[~13ilIl)~-_,_ C1 -, .: JCppb~~(realed with Itr corporate ual and atterled by ~ ,-„-.ar lpu+,~ ~ ~ 1~ ~~'•'•~.~~ ......... ........... JEQOC009( ~ :: '. -•---- • ., :. . ~' ~ tt'Jtnerr mY hand and ottlehl ream ~ or real, thfr ~ ~•~" ~ ~' • ~ ' D .-.....day o/ ................... ........ U........, •. .,r.:: ~~ ' - AlY eommlrrlon explrer. ....... .......................................................... ...... Notary Publle ~,: .~.'. :,:.~ ~~ ihs (ors[oln[ Certlflcata(q of ........_.:_ ~ ~'`. ...... . 4/are tertlfled to be eorrecL Shb Inrtrument and thlr~ eutlfleata ate duly te[Ittered at lha dale and elms and In the Look and Pale shown ~ t(e1 llr~t Dale hereoL U ..'.. ;•'~,::•,~•• •__• •_~_ -•------•-•-_•~--•_---...-. .REGISTER OP DEEDS POR..:....... '•;':.'. ~.. aY ____________________ ________ ____ _____________ -Deputy/Ardalant• ReLltttr of Deeds .~~~ ~~ ._ EXHIBIT "A" TRACT 1. BEGINNING at the intersection of tl~e southern line of Harnett Street with the western line of North Fourth Street; and running thence westwardly and parallel with the southern line of Harnett Street 97 feet; thence southwardly and parallel with North Fourth Street 66 feet; thence eastwardly and parallel with the southern line of fiarnett Street 97 feet to the western line of North Fourth Street; thence northwardly with and along the wes-tern line of North Fourth Street 66 feet 'to the point: ofbeginning. Same being a part of the eastern 'half of Lot l in Block 292, accarding to the official plan of the City:of.-Wilmington. TRACT 2. BEGINNLNG at a point in the eastern line of Third Street 132 feetnorthwardly.' from itsin~tersecti:on with the- northern line of Bladen Street; and•running thence northwardly along the eastern line of Third Street 6G feet; thence eastwardly parallel with Bladen Street 113 feet; thence southwardly parallel with Third Street 66 feet; thence 4JaSt4.~ardly parallel with Bladen Street 113 feet to the eastern line of Third Street, .the point of beginning; the same being the wesler.n 113 feet of Lot 4 in Block 292,x.. according to the Plan of the City of Wilmington prepared by James•;;; ~..:~ & Brown in 1870; and bei nq the same property conveyed to Albert: Axler from Cora Edna Futclt, widow, et al, by deed dated August 25,`,;~ 1971, and recorded in Book 916, ,Page 384, New .Hanover- County~•`~~ Registry. TRACT 3. BEGINNING at a point in the ,eastern line of Third Street, 66 feet north from the northern line of Bladen Street,. and running thence with the eastern line of -Third Street northwardly 66 feet; thence eastwardly and parallel with Bladen Street 165 feet; thence • southwardly paralle] wil.h Third Street 66 feet; and thence westwardly parallel with Bladen Street 165 feet to~the eastern line of Third Street, the heginni.ng, the same being the western half of Lot 5 in Block 29?, ~~ccord.ing to the official plan of the said City of Wilmington, and heiny the. same property conveyed to Albert Axler from John Henry Brunjes and wife, Abbey F. Brunjes, by deed dated April 23, 1954, and recorded in Book, 564, Page 62, New Hanover County Registry. • .,~ TRACT 4. BEGhN1dING at the intersection of .the northern line of Bladen Street with the eastern line of Third Street; and running thence along the eastern line of Third Street northwardly 66 feet; thence eastwardly and• parallel with Bladen Street 82 feet and 6 inches; thence soutl~~wardly and paral.l.el with Third Street 66 feet to the northern line of Btaden Street; thence with the northern line of Bladen Street westwardly 82 fe~~ and 6 inches to the beginning; being a ,part ofL~t 6 of Block 292 of the City of Wilmington; and being the same property conveyed to Albert Axler . 1 110- . i from Nathan Sonsky, by deed dated June 3, 1954, and recorded in .Book 564, Page-.165, New Hanover County Registry. TRACTS.. BEGINNING at a point in the western line of Fourth Street G6 feet north of, the northern line of Bladen Street, at Konig's line, running thence northwardly 66 feet along said line of Fourth Street to another of Kong's .lines; .thence westwardly parallel with Bladen Street and along said last mentioned Konig line 165 feet; thence southwardly and parallel with Fourth Street 66"feet to the first mentioned Kong line;- thence eastwardly along the first mentioned Kon.ig line-and parallel with Bladen Street 165 feet to the western line of Fourth Street,. the beginning, the same being part of Lot 5 in Block 292, according .to the official plan of the " City of Wilmington, and beiny the same property conveyed to Albert Axler-from F. E. Livingston, by deed dated August 30,.1939, and recorded in Book 297, Page 177, New Hanover County Registry. TRACT 6. BEGINNING at a point in the eastern line of Third Street 132 feet southwardly from its intersection with the southern-line of Harnett. Street; and running thence southwardly along the eastern line of Third Street 6C feet; running thence eastwardly parallel with Harnett Street 165 feet;. running thence nouthwardly parallel .~ with Third Street 66 feet; running thence westwardly parallel with Harnett Street 165 feet to the eastern line of Third Street, the point of beginning; the same being the western one half of Lot 3 in Block 292, according to the Plan of the City of Wilmington; and being the. same,.property~.conveyed to .Albert Axler from Dalma Thornton and wife, 1•tittie Thornton, as the First Tract of a deed dated September 27, 1957, and recorded in Book 818, Page 194., .New ~~~ Hanover County Registry. TRACT 7. BEGINNLNG at a point in the eastern line of Third Street +~, 32 feet southwardly from .the intersection of the eastern line of Third Street with the southern line of Harnett Street; running thence eastwardly and parallel with Harnett Street 58 feet more or less to the western line of an 8 foot alleyway; thence southwardly -=~ along the said western line of said .alleyway and parallel with Third Street 34 feet; thence westwardly and parallel with Harnett ~j Street 58 feet. to the eastern line of Third Street; thence southwardly along the said eastern line of Third Street 34. feet. to the point of beginning, same being part of Lot 1 in-Block 292 of the ..official plan of the City of Wilmington; and being the same property conveyed to Albert Axler from Elizabeth T. Mathews, by deed dated July 10, 1944, and recorded in Book 375, Page~129, New Hanover Count"y Registry. part of Lot 1 in Block 292, according to the official plan of the City of Wilmington, ;• and being the same property conveyed to Albert Axler from Theresa Wallace Ilooper, widow, et al, by deed dated November 20, 1950, and recorded in Book 465, Page 441, New Hanover _ County Registry. - f .-. ~ J TRACT 12. BEGINNING .in the southern l~ii~e of Harnett ~ Street` at a point 100 feet- eastwardly from the easter'ti ~ line of Third Street and • running thence eastwardly along said line of Harnett Street 45 feet to the line of~a joint alley 9'feet wide; thence southwardly along _ the' western line of said a'l.ley and `parallel with Third Street 66 feet;-=thence westwardly and parallel with Itarnett Street 45 feet; . ~th"ence nouthwardly a'nd parallel with Third Street 66 feet~to the point of'begnning, the southern line'of Barnett Street, together with free and .unrestricted -us'e and right of way of .'`the 9 foot alleyway lying east' of and adjoining the land hereinbefore described and running southwardly from Harnett Street 66 feet; the same being a' part of the western half of Lot -1 in Block. .292, according to the official plan oL~'the~Cty of Wilmington and being 'the same property conveyed to Albert Axler`from James H. .Smith and • w:i.fe,~ Iris ~J. Smith, by deed dated May 19195.5, ~ and recorded in - Book 567, Page 604, New Ilanover County Registry. ,- TRACT 13. ~~ BEGINNING at a pint in the eastern' line off Thirdd, `Street • where it intersects with the southern line of Harnett Street, and running~eastwa'rdly along the said southern line'of Harnett-Street 58 feet; thence southwardly and parallel 'with` Third .Street 32 feet; thence westwardly and par~al.l'el with`Harnett Street 58 feet to the eastern line • of •Third Street; thence nouthwardly along` thef said eastern line of Third Street 32 feet to th point of beginni.n`g; the same being a part of Lot 1 .i.n Block 292, according to the official plan of the City of 6ailmington; together with a right of way in, over and, to an alley described as follows: Beginning~at a point in the southern line of iiarnett Street 58 feet' eastwardly from the eastern line of fihi.rd Street; thence running eastwardly ,from .the eastern line of Third Street B feet and extending back,to~a~depth of 66 feet; said alley fo be used in 'common with the ovine"rs of adjoining lots to the east-and west of said alley. `And being the same property conveyed to Albert Axler from Elizabeth White Mathews and husband,,, James R. Mathews, by deed` dated June 20, 19.7.5 and recorded.in,B'ook 1034, Page 580, New Hanover County Registry... TRACT 14. ..BEGINNING at a point in the dividing line between Lots 1 and 2 of Block 292, said beginning point being located 165 feet eastwardly from the eastern line of Third'Street'Wand" 66 feet southwardly from the southern line of Itarnett Street and running thence westwardly and .parallel with Harnett Street 20 feet l0 inches; thence southwardly and parallel with Third Street 33 feet; thence eastwardly, and parallel with Harnett Street 20 feet 10 4 1.12 J TRACT 8. BEGINNING at a point in the eastern line of Third Street 66 feet southwardly from its intersection with the southern line _ of Harnett Street; and running thence southwardly along the eastern line of Third Street 33 feet; thence eastwardly •parallel with Harnett Street 144~feet and 2 inches; running thence northwardly parallel•with.Third Street 33 feet; running thence westwardly and parallel with Harnett Street 141 feet and 2 inches to the point of ~4 beginning; the same being a part of the northwestern quarter of Lot 2 in Block 292, according to the Plan of the City of Wilmington; and- being the same property conveyed to Albert Axler from Dalma ~ Thornton and wife, Mi.ttie Thornton, as the Second Tract of a deed ! dated September 27, 1.967, and recorded in Book 810,.-Page 194, New Hanover County Registry. TRACT 9. BEGINNING at a ~~oint in the western line of .Fourth Street 66 feet southwardly from its intersection with the southern line of Harnett 'Street; running thence westwardly and parallel with Harnett Street 165 feet; thence southwardly -and parallel with Fourth Street 66 feet; thence eastwardly and parallel with Harnett Street 165 feet to the western line of Fourth Street; thence northwardly and along the western line of Fourth Street 66 feet to • the point of beginning,-the same being the eastern one half of Lot 2 in .Block 292, accorcli~~d to the official- plan of the City of ~~;- . Wilmi.ngton; and being the same property conveyed to Albert Axler from Nellie R. Powell,~wiciow, by deed dated February 27, 1946, and recorded in Book 362, Page 603, New Hanover County Registry. TRACT 10. BEGINNING at a point in the southern line of Harnett Street 97 feet west from the southwest intersection of Harnett and Fourth Streets and running th:once with the southern line of Harnett Street westwardly 33 feet; thence southwardly parallel with Fourth Street 66 feet; thence eastwardly parallel with Harnett Street 33 feet and thence northwardly parallel with Fourth Street 66 feet •tp the southern line of ltarnett Street, the' beginning, the same being a part of Lot l in Block 292, according to the official plan of the City of Wilmington; and being the same property conveyed to .Albert Axler from H. M. Schaar and wife, Marie H. Schaar, by deed dated February 21, 1950, and recorded in Book 430, Page 34, New `Hanover County ,Registry. 'TRACT•11. BEGINNING at a point in the southern line of Harnett Street 145 feet eastwardly from the intersection of'the southern 1•i.ne of Harnett Street and the eastern line of Third .Street, and from said beginning point running thence eastwardly along .the southern 1•ine of Harnett Street 53 feet; thence southwardly and parallel with .Third Street 6b feet; thence westwardly and parallel with. Harnett Street 53 feet; thence northwardly and parallel with Third Street 66 ,feet to the point of beginning; the same being a 1_, . 3 r 113 1 inches; thence northwardly 33 feet to the beginning; being a {~ portion of Lot 2, I31ock 29.2 of the City of Wilmington, and being Lf the same property conveyed to Albert. Axler from Theresa Wallace Hooper, widow, et al, by deed dated June 7, 19.54, and recorded in Bo,o}c 526, Page 191, New Hanover County Registry. -._ TRACT 15. BEGINNING_in the eastern line of Third Street at a ,point LJ 99 feet southwardly-from the intersection with the southern line U of Harnett Street, and running thence, southwardly along the said line of Third Street 33 feet; thence eastwardly and 'in >a line parallel with the said .line of Harnett.. Street 165. feet;. thence northwardly and parallel with the said line- of Third Street 33 feet; and thence westwardly and parallel with said line of Harnett Street 165 feet to ttie point of beginning; the same being a part of Lot 2 in Block 292, according to the official plan of the City of 'Wilmington.. The same being. that, property conveyed ;by H. J. Council et'ux to R. E. Williams by deed dated January,31, 1925, and - recorded in $ook 157, Page 586, of _the. Registry of New Hanover ' County, -And also being that. same. property described ,as .second Tract in that' deed from .Duvall ..Williams,.., et al, to Robert E. ,Williams, Jr., dated December 27, 1961, and recorded December 30, 1961, in Book,.704,, .Page 196, of the Registry. of New Hanover County. - TRACT 16. ~~ BEGINNIriG at a point in the northern line of Bladen Street east. 82 feet 6 inches., from its intersection with the eastern line of Third Street; running thence northwardly and parallel with T}iird Street 66 feet; thence eastwardly and parallel with Bladen Street 41 feet 3 inches; thence southwardly ,and parallel with .Third Street '66 feet to the northern line of ..Bladen Street;.~thence westwardly along~'~the northern .line of, Bladen Street 41 feet 3 inches to the point of .beginning; same being a part of the western half of Lot '6 of Block ' 292 according to the .Plan ~ of the City of Wilmington prepared by.James.& IIrown in 1870; and being the same .,property conveyed to-Charles.-Ezra D.ll_on and. wife, Lula Mae Hogan ,.Dillon, in.~Book 664,.. at Page 527 ,of the New Hanover County Registry. ,- ~ - . TRACT 17: BEGINNING at a point i'ii the northern line of Bladen Street 82 feet 6 inches from its intersection wit}i~ the eastern line of Third Street; ar~d running thence northwardly and parallel with Third Street 66 feet; thence eastwardly and parallel with Bladen Street 82 feet 6. inches; thence southwardly and parallel with Third Street~66 feet to the nortlern line of .Bladed Street; thence westwardly along. the, northern .line of Bladen Street 82 ,feet 6 inc''hes to the point of begi.nning;~ same being-a part of the western half of Lot 6, , Bock _ 292, ,according for the P1-an ~of. the .City of Wilmington prepared by James & Brown'in':18To~;.and .being the same property ~conv:eyed:to R.~L..Allen and wife,~Mary M. .Allen, by, deed recorded in~Book g29, Page 162, of the New Hanover~County Registry. 114 5 1 1 L t 1 1 1 ,TRACT 18. BEGINPIING at a point in the southern •line of Barnett Street, 66 feet eastwardly from the .intersection with the eastern line of Third Street, running thence southwardly parallel with Third Street, 66 feet, thence eastwardly parallel with Barnett Street 34 feet, thence northwardly parallel with Third Street 66 feet. to the southern line of Ilarnett Street; 34 feet to the point of beginning, same beinc3 a part of Loot 1 in Block 292 according to the official plan of the City of Wilmington. Together with a right of way over ari alley 8 feet wide just west of .and adjacent to the said lot. Said alley having a frontage on Harnett Street of 8 feet and running back southwardly for a depth of 66 feet. Being the same property conveyed to Esther C. White by that deed recorded in the ldew Hanover County Registry in Book 690, Page 273. DESC/nhchc 6 115