2008-06-16 RM ExhibitsX331. 13.1
AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-281
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-281 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS/Child Day Care
Ex enditure: Decrease Increase
Child Da Care:
Da Care Services $50 000
Total $50,000
Revenue: Decrease Increase
Child Da Care:
O eratin Grants & Contributions -Federal/State $50,000
Total $50 000
Section 2: Explanation
To budget additional State and Federal funds received for the child day care program. The additional
revenue will be used to help fund services for currently enrolled children. No children will be pulled from
the waiting list. As of 5/1/08, there were more than 300 children on the waiting list.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-281, amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
~NTy , ~ opted, this ~~day of , 2008.
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Robert G. Greer, Chairman
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Shei a L. Sc ult, Clerk to the Board
AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-306
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-306 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff sOffice/Administration/Detectives
Ex enditure: Decrease Tncrease
Sheriff/Administration:
Su lies -Fuel and Other $135,000
Sheriff/Detectives:
Salaries and Wa es 240,000
Total $375 000
Revenue: Decrease Increase
General Fund:
A ro riated Fund Balance $375 000
Total $375 000
Section 2: Explanation
To appropriate Fund Balance for FY07-08 salary and fuel shortfall. Prior to actions taken at this Board of
County Commissioners meeting, the revised Appropriated Fund balance is $8,354,596.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-306, amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 1 ~ ~ day of , 2008.
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Robert G. Greer, Chairman
AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-295
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-295 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Aging
Ex enditure: Decrease Increase
In-Home Aid:
Contract Services $10 000
Trans ortation:
Contract Services $10,000
Total $10 000 $10 000
Revenue: Decrease Increase
In-Home Aid:
Home and Communi Care Block Grant $10,000
Trans ortation:
Home and Communi Care Block Grant $10,000
Total $10 000 $10 000
Section 2: Explanation
The Department of Aging was notified by Interim Homecare, the Department of Aging's In-Home Aide
contractor, that it will be unable to use its entire portion of the Home and Community Care Block Grant
(HCCBG) funds budgeted for the current fiscal year. This amendment will budget the re-allocated HCCBG
monies received by the NHC Department of Aging, moving $] 0,000 from In-Home Aide to Transportation.
The increased funding to the Transportation program will be used to cover WAVE expenses and taxi bills
for June.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-295, amending the annual
budget ordinance for the filscLal year endin June 30, 2008, is adopted.
Adopted, this ~~`\ day of ~„ , 2008.
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Robert G. Greer, Chairman
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AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-126
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2008-126 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriff s Office
Ex enditure: Decrease Increase
Federal Forfeited Pro e
Su lies $14117
Total $14,117
Revenue: Decrease Increase
Federal Forfeited Pro er
Federal Forfeited Pro e $14,117
Total $14 117
Section 2: Explanation
To budget 5/12/08 through 5/30/08 receipts of $14,117. Federal Forfeited Property funds are budgeted as
received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-126, amending the
annual budget ordinance for the fiscal yea ending June 30, 2008, is adopted.
Adopted, this ~~day of , 2008.
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Robert G. Greer, Chairman
AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-127
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2008-127 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriff s Office
Ex enditure: Decrease Increase
Controlled Substance Tax:
Su lies $9 398
Total $9 398
Revenue; Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $9,398
Total $9 398
Section 2: Explanation
To budget 5/12/08 receipt of $9,398. Controlled Substance Tax funds are budgeted as received and must be
used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-127, amending the
annual budget ordinance for the fiscal year ending June 30, 2008, is adopted.
OvNTY. dopted, this 11L~ day of , 2008.
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Robert G. Greer, Chairman
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Sheila L. Schutt, Clerk to the Board
AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT #2008-129
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment #2008-129 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: ChesterbrookRcademy-Public Schools Building Capital Fund
Department: Finance
Ex enditure: Decrease Increase
Transfer to General Fund $510
Total $510
Revenue: Decrease Increase
Investment Earnin s $510
Total $510
Fund: General Fund
Department: Commissioners
Ex enditure: Decrease Increase
Total
Revenue: Decrease Increase
Transfers in from Ca ital Pro'ects Fund 337 $510
A ro riated Fund Balance $510
Total $510 $510
Section 2: Explanation
This budget amendment closes Fund 337, the Public Schools Building Capital Fund project for
Chesterbrook Academy. The remaining investment earnings will be transferred to General Fund
Fund Balance.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment #2008-129 amending the
ual budget ordinance for the fiscal year ending June 30, 2008, is adopted.
G }~ O.p dopted, this `day of , 2008.
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Robert G. Greer, Chairman
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AGENDA: June 16, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT #2008-130
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment #2008-130 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Law Enforcement Center/CSI Building, etc. Capital Project
Department: Finance
Ex enditure: Decrease Increase
Transfer to General Fund $2 097
Ca italPro'ectEx ense $2,097
Total $2 097 $2,097
Fund: General Fund
Department: Commissioners
Ex enditure: Decrease Increase
Total
Revenue: Decrease Increase
Transfers in from Ca ital Pro'ects Fund 337) $2,097
A ro riated Fund Balance $2 097
Total $2,097 $2,097
Section 2: Explanation
This budget amendment closes Fund 366, the Law Enforcement, CSI Building, etc. Capital
Project. The remaining equity will be transferred to General Fund Fund Balance.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment #2008-130 amending the
annual budget ordinance for the fiscal year ending June 30, 2008, is adopted.
GOON ~ Y ' N dopted, this ~p,~'` day of , 2008.
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Robert G. Greer, Chairman
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RECOGNITION OF CAPE FEAR RESOURCE CONSERVATION & DEVELOPMENT'S
INDUCTION INTO THE NATIONAL ASSOCIATION OF RC&D COUNCILS
CIRCLE OF DIAMONDS
RESOLTUION
WHEREAS, Circle of Diamonds members are publicly accountable and realize that their
accountability directly relates to the Circle's structure, process, and outcomes each member of the
Circle attains; and
WHEREAS, Cape Fear RC&D Council has shown and promises to continue to show its unique
ability to reach and attain specific benchmarks set forth by the Circle of Diamonds program
guidelines; and
WHEREAS, Carpe Fear RC&D is a Council that understands ongoing local community issues,
has a diverse membership base, and is actively involved in community development; and
WHEREAS, Cape Fear RC&D is a Council that has an administrative structure that encompasses
good business planning including management practices, compliance with state, federal and local
law, combined with agoal-oriented approach in planning to achieve the objectives adopted by the
Council; and
WHEREAS, Cape Fear RC&D is a Council that fosters problem-solving addressing challenges
of sustainability and improving the quality of life.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that this mark of excellence shows honesty, integrity and strong commitment of
the Cape Fear Council to the RC&D mission and is inducted as a 2007-2008 member of the
National Association of RC&D Councils Circle of Diamonds; and
BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners does
recognize and congratulate Cape Fear Resource Conservation and Development for receiving this
important and prestigious national designation.
ADOPTED this the 16`'' day of June, 2008.
NEW HANOVER COUNTY
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Robert G. Greer, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
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NEW HANOVER COUNTY, NORTH CAROLINA
FISCAL YEAR 2008-2009 BUDGET ORDINANCE
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina:
Section 1: The following amounts are hereby appropriated in the General Fund for the
operation of the New Hanover County government and its activities for the fiscal year beginning
July 1, 2008, and ending June 30, 2009, in accordance with the Chart of Accounts heretofore
established for New Hanover County:
GENERAL FUND
Function Appropriation
General Government $31,097,971
Human Services 63,582,123
Public Safety 47,876,051
Economic & Physical Development 1,319,985
Cultural & Recreational 10,696,121
Education (Cape Fear Community College) 6,178,085
Debt Service 25,422,381
Transfers to Other Funds 85,069,586
Contingency 567,289
Total Appropriation -General Fund $271,809 592
Section 2: It is estimated that the following revenues will be available in the General
Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009:
Revenue Source Amount
Ad Valorem Taxes $150,785,035
Sales Taxes 51,224,533
Room Occupancy Taxes 36,000
Other Taxes 4,120,000
Charges for Services 10,032,073
Interest on Investments 1,650,000
Intergovernmental Revenue - StatE: 3,159,045
Intergovernmental Revenue -Federal 31,262,166
Intergovernmental Revenue -Other 5,974,224
Special Assessments 152,663
Miscellaneous Revenue 6,966,263
Transfer In From Other Funds 447,590
Appropriated Fund Balance 6,000,000
Total Estimated Revenues -General Fund $271.809 592
NEW HANOVER COUNTY SCHOOLS FUND
Section 3: The following amounts are hereby appropriated and allocated in the New
Hanover County Schools Fund pursuant to G.S. 115-429(b). Allocations made to the New
Hanover County School Board through G.S. 115-429(b) binds the Board of Education to the
following directions and limitations in regards to these funds:
1) The Budget Resolution adopted by the New Hanover County Board of Education shall
conform to the specific allocations by operating and capital as set forth in this Budget
Ordinance.
2) The Budget Resolution adopted by the New Hanover County Board of Education may
not be amended without the prior approval of the Board of Commissioners if the
proposed amendment increases or decreases expenditures from the capital outlay fund
for the Board of Education; or, the proposed amendment would result in a cumulative
increase or decrease of appropriation in any category by 25 percent or more.
Category Appropriation
Current Operating Expenditures $65,737,804
Capital Outlay 0
School Debt Service 21,398,937
Contribution to School Pension Fund 0
Total Appropriation -New Hanover County Schools Fund $87.136,741
Section 4: It is estimated that the following revenues will be available in the New
Hanover County Schools Fund for' the fiscal year beginning July 1, 2008, and ending June 30,
2009:
Revenue Source Amount
Transfer In From General Fund $84,262,714
Transfer In From Capital Project 1,074,027
Appropriated Fund Balance 1,800,000
Total Revenues -New Hanover County Schools Fund $87,136,741
In accordance with G.S. 115-429(c), the Board of Commissioners requires the Board of
Education to notify the Board of Commissioners in writing of any changes made to their planned
capital fund expenditures. The notification should include: (1) nature of the change; (2) reason
for the change; (3) dollar amount of any expenditure change by planned project; and (4) plans
for, and estimated cost of, completing the planned project in the future if completion as
originally anticipated will not be possible.
EMERGENCY TELEPHONE SYSTEM FUND -ARTICLE 3
Section 5: The following amount is hereby appropriated in the Emergency Telephone
System Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, for the
purpose of maintaining an Emergency 911 System in New Hanover County:
Total Appropriation -Emergency Telephone System Fund -Article 3 323 998
Section 6: It is estimated tlhat the following revenue will be available in the Emergency
Telephone System Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009:
Revenue Source Amount
Other Taxes 323 998
Total Revenue -Emergency Telephone System Fund -Article 3 323 98
ROOM OCCUPANCY TAX FUND
Section 7: The following amount is hereby appropriated in the Room Occupancy Tax
Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009:
Total Appropriation -Room Occupancy Tax Fund
$3,991,544
Section 8: It is estimated that the following revenues will be available in the Room
Occupancy Tax Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009:
Revenue Source Amount
Room Occupancy Taxes $3,530,540
Special Assessments 461,004
Total Revenues -Room OccuF~ancy Tax Fund $3.991,544
ENVIRONMENTAL MANAGEMENT FUND
Section 9: The following amount is hereby appropriated in the Environmental
Management Fund for the fiscal yE:ar beginning July 1, 2008, and ending June 30, 2009:
Total Appropriation -Environmental Management Fund $16 931 775
Section 10: It is estimated that the following revenues will be available in the
Environmental Management Fund for the fiscal year beginning July 1, 2008, and ending June
30, 2009:
Revenue Source Amount
Intergovernmental Revenue -State $355,000
Charges for Services 16,270,875
Miscellaneous Revenues 305,900
Total Revenues -Environmental Management Fund $16,931,775
SPECIAL FIRE DISTRICT FUND
Section 11: The following amount is hereby appropriated in the Special Fire District
Fund for the operation of fire protE:ction services for the fiscal year beginning July 1, 2008, and
ending June 30, 2009, in accordance with the Chart of Accounts heretofore established for New
Hanover County:
Total Appropriation -Special Fire District Fund
$8 702,302
Section 12: It is estimated that the following revenues will be available in the Special
Fire District Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009:
Revenue Source Amount
Ad Valorem Taxes $6,199,855
Sales Taxes 2,223,147
Charges for Service 132,300
Interest on Investments 47,000
Appropriated Fund Balance 100,000
Total Revenues -Special Fire District Fund $8,702,302
STORM WATER DRAINAGE FUNID
Section 13: The following amount is hereby appropriated in the Storm Water Drainage
Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009:
Total Appropriation -Storm Water Drainage Fund 125 000
Section 14: It is estimated that the following revenue will be available in the Storm Water
Drainage Fund for the fiscal year t~eginning July 1, 2008, and ending June 30, 2009:
Revenue Source
Charges for Services
Transfer In From Other Funds
Total Revenue -Storm Water Drainage Fund
Amount
$25,000
100,000
125 000
Section 15: The following amounts are a summary of the foregoing appropriations as
detailed in this Budget Ordinance for the fiscal year beginning July 1, 2008, and ending June
30, 2009, in accordance with the Chart of Accounts heretofore established for New Hanover
County:
Summary
General Fund
New Hanover County Schools Fund
Emergency Telephone System-Article 3
Room Occupancy Tax Fund
Environmental Management Fund
Special Fire District Fund
Storm Water Drainage Fund
Total Budget
Estimated Fund Balance Total
Revenues Appropriated Appropriation
$265,809,592 $6,000,000 $271,809,592
85,336,741 1,800,000 87,136,741
323,998 0 323,998
3,991,544 0 3,991,544
16,931,775 0 16,931,775
8,602,302 100,000 8,702,302
125,000 0 125,000
$381 120,952 $7,900,000 $389 020.952
Section 16: There is hereby levied
hundredths cents ($.4525) per one hundred
January 1, 2008, for the purpose of raising
General Fund in Section 2 of this Ordinance.
a tax at the rate of forty-five and twenty-five-
dollars ($100) valuation of property listed as of
revenue included in "Ad Valorem Taxes" in the
This rate is based on an estimated total valuation of property for the purpose of taxation
of $33,424,465,000 and an estimated collection rate of 98.1 %. The estimated rate of collection
is based on the fiscal 2007-2008 collection rate of 98.2%.
Section 17: There is hereby levied a tax at the rate of five cents ($.05) per one hundred
dollars ($100) valuation of property listed for taxes as of January 1, 2008, located within the
Special Fire District for the raising of revenue for said Special Fire District.
This rate of tax is based on an estimated total valuation of property for the purposes of
taxation of $12,457,400,000 and an estimated collection rate of 98.1 %. The estimated rate of
collection is based on the fiscal year 2007-2008 collection rate of 98.2%.
Section 18: All expenditures relating to obtaining the bond referendum and or
installment purchase will be reimbursed from non-taxable bond proceeds and installment
purchase proceeds in accordance with the requirements of the United States Treasury
Regulations Section 1.150-2.
Section 19: That appropriations herein authorized and made shall have the amount of
(1) outstanding purchase orders as of June 30, 2008, and (2) grants unexpended by New
Hanover County as of June 30, 2008, added to each appropriation as it appears in order to
account for the payment against the fiscal year in which it is paid.
Section 20: Copies of this Budget Ordinance shall be furnished to the Clerk to the Board
of Commissioners and to the Budget Director and Finance Director of New Hanover County,
North Carolina, to be kept on file by them for their direction in the disbursement of funds.
ADOPTED, this 16th day of June 2008.
Richard G. Greer, Chairman
Board of County Commissioners
Sheila L. Schuh, Clerk to the Board
~ ~ 3l, 1 3. 3b
ORDINANCE OF
THE NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, as part of the FY08-09 budget process, departments are asked to review existing fee schedules and recommend
changes if needed;
AND WHEREAS, Environmental Management has submitted revisions to be considered by the Board of Commissioners;
NOW, THEREFORE, the Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that the New
Hanover County Ordinances are amended as follows to be effective July 1, 2008, unless delayed or repealed by the state of North
Carolina:
1. Amend Sec. 44-41. Charges generally:
Sec. 44-41. Charges generally.
For the service of collecting and disposing of refuse, the owner or occupant of all premises from which refuse is collected by
the County or its franchisee shall be charged such rates as may be established, from time to time, by the County Commissioners. No
owner or occupant of these premises shall be exempt from the collection and disposal service provided by the County or by individual
franchisees. All owners or occupants of premises within the County shall be subject to the service charges prescribed by the County
Commissioners, and an adjustment for such charges shall be made at the discretion of the County Commissioners on recommendation of
the County Manager. Fees for the collection and disposal of refuse by the County and its franchisees shall be charged to the owner of all
premises in the amount specified in the fee schedule located in Appendix B.
(Ord. of 6-2-2003, § 4)
1. Amend Appendix B Fee Schedule to read:
Chapter 44. Solid Waste
Article II. Collection and Disposal
Division I. Mandatory Residential Service
§ 44-41. Charges generally
Franchisees' fees are available upon request from each individual franchisee.
~;oun rees
Fee
Cate or $51
00 /ton
Munici al Solid Waste .
Construction /Demolition $51.00 /ton
Concrete /Brick /Dirt Must be verified b Landfill attendant $26.45 /ton
Shin les /Built-U Roofin Must be verified b Landfill attendant $24.00 /ton
Refuse Delivered in Cars, Pick-U Trucks, or Trailers $51.00 /ton
Cardboard 85% to 100% Must be verified b attendant No Char e
Mixed Glass $18.001 ton
Color Sorted Glass No Char e
S ecial Waste Fee
Asbestos ACCEPTED WITH SPECIAL APPROVAL ONLY $69.00/cubic and
Slud e ACCEPTED WITH SPECIAL APPROVAL ONLY $61.30 /ton
Tires GENERATED DURING THE "NORMAL COURSE OF BUSINESS" No Char e
Tires OT GENERATED DURING THE "NORMAL COURSE OF BUSINESS" $83.00 /ton
O ster Shells RECYCLED No Char e
Household or Lead Acid Batteries RECYCLED No Char e
Waste Oil /Antifreeze RECYCLED No Char e
Waste Paint HOMEOWNERS ONLY, LIMIT l0 GALLONS No Char e
A liances WHITEGOODS FEES PAID No Char e
S ecial Handlin DIRECT INCINERATION $100 minimum
Adopted this 16th day of June 2008.
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Sheila L. Schult, Clerk to the Board
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NEW NOVOVER COUNTY
Robert G. Greer, Chairman
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NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
230 GOVERNMENT CENTER DR STE 195
WILMINGTON, NORTH CAROLINA 28403-1732
TELEPHONE (910) 798-7184
FAX (9I0) 798-7277
June 6, 2008
TO: New Hanover County Board of Commissioners
FROM: Bruce T. Shell, County Manager
Avril M. Pinder, Finance Director
Roger Kelley, Tax Administrator
RE: Projected Tax Base for New Hanover County
for Fiscal Year 2008-2009
BRUCE T. SHELL, CPA
County Manager
DAVID F. WEAVER
Assistant County Manager
ANDRE' R. MALLETTE
Assistant County Manager
CHRIS COUDRIET
Assistant County Manager
This letter is to certify that the projected tax base for New Hanover County in the
amount of $33,424,465,000 for Fiscal Year 2008-2009 has been correctly
estimated to the best of our knowledge.
If you have any questions concerning this please feel free to give us a call.
BTS/AMP/RK:cI
Signature:
Bruce T. Shell
_ Co ty Manager
Avri! M. Pinder
finance Director
Date:
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Roger Kelley ~ ~
Tax Administra
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403
(910) 798-7149 ~ (910) 798-7145 FAX WWW.NH000V,COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner• Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to fhe Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF INTENT
TO CLOSE A PORTION OF OLD WINTER PARK - WRIGHTSBORO ROAD
(also known as John Morris Road)
Wilmington International Airport Area
WHEREAS, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of
Commissioners of New Hanover County to close the following described road near the
intersection of Old Winter Park -Wrightsboro Road and John Morris Road:
Beginning at a point approximately 562.60 feet East of the western right-of--way of North Kerr
Avenue and the northwestern corner of John Morris Road, thence from said point of the
beginning which is the northwestern corner of the Old Winter Park-Wrightsboro Road and John
Morris Road, running approximately 900 feet, North 3 degrees, 00 minutes west along the
eastern right-of--way of Old Winter Park-Wrightsboro Road (also known as John Morris Road),
which is the northwestern terminus of the eastern road right-of--way, thence 60 feet West to a
point at the northwestern terminus of the road, commencing from said point approximately 900
feet, southeast 7 degrees, 5 minutes to the western right-of--way limit of Old Winter Park-
Wrightsboro Road, thence from said point 60 feet East to the point of the beginning.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners is considering closing a portion of Old Winter Park -Wrightsboro Road to
public use and that a public hearing on this request will be held on the 4th day of August, 2008 at
6:00 p.m. or thereafter in the Assembly Room of the New Hanover County Historic Courthouse
at 24 North Third Street in Wilmington, at which time the Board will hear all interested citizens
and make a final determination as to whether the road shall be closed.
ADOPTED this the 16th day of June, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 - WILMINGTON, NC 28403
(9 i0) 798-7149 ~ 1910) 798-7145 FAX V~ww.NH000V.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner • William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
DEBRIS REMOVAL RESOLUTION
DANGEROUS TREES AND HANGING LIMBS
WHEREAS, New Hanover County has been and is subject to being struck by natural disasters including hurricanes, tornadoes, floods, and ice
storms; and
WHEREAS, the Board of Commissioners is responsible for the safety and welfare of the citizens of New Hanover County; and
WHEREAS, as a result of natural and man-made disasters, trees and limbs may be damaged to the extent that they jeopardize the safety and welfare
of the citizens of New Hanover County; and
WHEREAS, the New Hanover County Department of Environmental Management has been delegated the responsibility of solid waste management
to include removal of debris by natural and man-made disasters and to include removal and disposal of dangerous trees and hanging limbs from
rights-of-way, parks. Airlie Gardens, Arboretum, and designated public property; and
WHEREAS, to expedite the recovery from a disaster by removing and disposing of dangerous trees and hanging limbs in a timely manner, the
Department of Environmental Management has requested that a primary and secondary contract be in place to secure contracted services for removal
and disposal of dangerous trees and hanging limbs and provide backup should an event be too overwhelming to be handled by one contractor; and
WHEREAS, in accordance with normal purchasing procedures, a Request for Bids was duly advertised and bids were received and read on April 22,
2008. for removal and disposal of dangerous trees and hanging limbs in the event of a disaster; and
WHEREAS, the bid tabulation is listed and submitted as an attachment to this resolution; and
WHEREAS, Bamaco, Inc., is considered the overall lowest bidder and Asplundh Environmental Services, Inc., is considered the second overall
lowest bidder; and
WHEREAS, the Board of County Commissioners and the Department of Environmental Management desire to have a primary and secondary
preposition contract in place to activate when needed in the event a disaster strikes New Hanover County; and
WHEREAS, no funds will be expended for these contractual arrangements until such time as a Notice to Proceed is authorized by the Board of
Commissioners in response to a disaster.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes that preposition contract
Number 08-0471A be awarded to Bamaco, Inc., as primary contractor and contract Number 08-0471B be awarded to Asplundh Environmental
Services, Inc., as secondary contractor for the removal and disposal of dangerous trees and hanging limbs caused by a natural or man-made disaster
and that the County is hereby authorized and directed to execute said contract, contract form to be approved by the County Attorney.
ADOPTED this the 16th day of June, 2008
NEWT VER COUNTY
Robert G. Greer, Chairman
ATTEST:
~ ~ ~~~,~
Sheila L. Schult, Clerk to the Board
x g3 t,t3 .~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 ~ WILMINGTON, NC 28403
(910) 798-7149 (910) 798-7145 FAX WWW.NH000V.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner William A. Kopp, Jr., Commissioner• Nancy H. Pritchett, Commissioner
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
STORM DEBRIS REMOVAL RESOLUTION
WHEREAS, New Hanover County has been and is subject to being struck by natural disasters including hurricanes, tornadoes, floods, and
ice storms; and
WHEREAS, the Board of Commissioners is responsible for the safety and welfare of the citizens of New Hanover County; and
WHEREAS, debris from natural and man-made disasters may jeopardize the safety and welfare of the citizens and negatively effect the
economy of New Hanover County; and
WHEREAS, the New Hanover County Department of Environmental Management has been delegated the responsibility of solid waste
management to include removal of debris by natural and man-made disasters; and
WHEREAS, to expedite the recovery from a disaster by removing debris in a timely manner, the Department of Environmental
Management has requested that a primary and secondary contract be in place to secure contracted services for debris removal and provide
backup should an event be too overwhelming to be handled by one contractor; and
WHEREAS, in accordance with normal purchasing procedures, a Request for Bids was duly advertised and bids were received and read on
April 22, 2008 for debris removal in the event of a disaster; and
WHEREAS, the bid tabulation is listed and submitted as an attachment to this resolution; and
WHEREAS, Asplundh Environmental Services, Inc, is considered the overall lowest bidder and DRC Services, LLC is considered the
second overall lowest bidder; and
WHEREAS, the Board of County Commissioners and the Department of Environmental Management desire to have a primary and
secondary preposition contract in place to activate when needed in the event a disaster strikes New Hanover County; and
WHEREAS, no funds will be expended for these contractual arrangements until such time as a Notice to Proceed is authorized by the
Board of Commissioners in response to a disaster.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes that preposition
contract Number 08-0470A be awarded to Asplundh Environmental Services, Inc. as primary contractor and contract Number 08-0470B be
awarded to DRC Services, LLC as secondary contractor for the removal of debris caused by a natural or man-made disaster and that the
County is hereby authorized and directed to execute said contracts, contract form to be approved by the County Attorney.
ADOPTED this the 16`h day of June, 2008
NEW OVER CO/UNTY~ ~
4~~\~~
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk tot e Board
~ l
x8 31 1 3.
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement ("Agreement") is made and entered into
by Ralph Hodge Construction Company. ("RHC"), New Hanover County Water and Sewer
District ("NHC") and McKim & Creed, P. A. ("MC"), all of whom are collectively referred to as
the Parties.
WHEREAS, in January 2003, RHC and NHC entered into a contract with RHC to be the
general contractor for the installation of gravity sewer, lift stations and force mains located in
New Hanover County Middle Sound Regional Wastewater Facilities Improvements Project (the
"Project Contract") and NHC issued a Notice to Proceed in February 2003 whereby RHC was to
commence work on the Project by March 3, 2003 and complete work on the Project by March 3,
2004. And,
WHEREAS, MC provided to NHC services relating to designing and providing
construction administration to NHC and was to act as NHC's agent for the Project. And,
WHEREAS, RHC filed a Complaint in the Superior Court of New Hanover County titled
"Ralph Hodge Construction Company vs. New Hanover County Water and Sewer District and
McKim & Creed, P.A.", file number 06-CVS-3859 (the "Project Lawsuit") in which RHC
sought to recover from NHC and MC under the Project Contract an amount in excess of
$10,000.00. And,
WHEREAS, NHC and MC filed responsive pleadings in the Project Lawsuit denying that
RHC was entitled to the relief it sought in the Project Lawsuit and NHC also asserted a
counterclaim against RHC in an amount in excess of $10,000.00. And,
WHEREAS, RHC denies that NHC is entitled to any relief it seeks in its counterclaim.
And,
WHEREAS, the Parties conducted a Mediated Settlement Conference and have engaged
in discovery and now have agreed to resolve all claims asserted by the Parties in the Project
Lawsuit on mutually agreeable terms.
WHEREAS, the Parties represent that they have carefully read the entire Agreement,
understand its consequences, and voluntarily enter into it. And,
NOW, THEREFORE, in consideration of the above and the mutual promises set for the
below, the Parties agree as follows:
1. Full and complete consideration: The Parties agree and acknowledge that they
accept the consideration as set forth below pursuant to this Agreement as a full, complete, final
and binding compromise of matters involving the disputed issues addressed in the Project
Lawsuit.
2. Payment to 1ZHC: On or before July 2, 2008, NHC and MC shall collectively pay
$343,984.93 to RHC. Of that amount, $308,632.06 will be paid by NHC, and $35,352.87 will be
paid by M.C.
3. Dismissal of Lawsuit: Within 10 days of the above payment being made to RHC
and said payment having cleared all banks, the Parties agree to execute and file a Joint Voluntary
Dismissal With Prejudice of the Project Lawsuit.
4. Costs and Fees: The Parties agree to bear their own respective costs and
attorneys' fees.
5. Global Release: The Parties hereby expressly release and forever discharge each
other, their past and present employees, partners, shareholders, agents, servants, representatives,
officers, directors, attorneys, subsidiaries, affiliates, independent contractors, insurers,
predecessors and successors in interest, and assigns from any and all past, present or future
Page 2 of ~
compensation of any nature whatsoever, whether based on a tort, contract or other theory of
recovery and whether for compensation or other damages, based upon, arising out of, or in any
way connected with the facts set forth in the Project Lawsuit or any pleading filed therein. This
Agreement encompasses all claims or demands whatsoever in law or in equity, including those
which may be asserted by heirs, subsidiaries, successors or assigns by reason of any matter,
cause or thing regarding the allegations set forth in the Project Lawsuit. This is a full and final
release of all claims of every nature in kind whatsoever, including any claims which may exist or
which the Parties or anyone claiming by or through them may contend exist, including witness
fees, liens, attorneys' fees or court costs in connection with the Project Lawsuit and the parties
further understand and agree that this is a release of all claims that are known and unknown,
suspected and unsuspected.
6. Disclaimer of Liability: Nothing in this Agreement is to be construed as an
admission of liability by any of the Parties.
7. Warranties: The Parties warrant and represent that they have been fully
informed and have full knowledge of the terms, conditions and consequences of this Agreement
and have had a full and fair opportunity to review and understand this Agreement and consult
with their lawyers concerning the same.
8. Governing Law: This Agreement shall be governed and construed in accordance
with the laws of the State of North Carolina.
9. Counterparts: This Agreement may be executed in multiple counterparts which
upon execution by all Parties shall in the aggregate comprise a single executed document.
1N WITNESSETH WHEREOF, the Parties have entered into this Agreement on the day
and year written below.
Page 3 of 5
1Z3 WITNESSE'9:H WHEItEOk', the Parties have entered a.nto this Agreement on the day
and gear written below,
This the ~_ day of ~~.~ ~. , 2008.
RALPH HODGE CONSTRI3C IO~I CO.
By: SEAL)
1~1p~i 1#- d~.~. ~"~.s.~
NE'4'V A.A,NOVER COUNTY WATER AND
SEWER DISTRICT
~y: (SEAL)
MCKIM & CREED, P. A.
By: (SEAL}
STATE OF NORTH CAROLINA
C~UN'TY OF ~.r.?, ~5e
I, ~'~tt nt~c~-~. ~ ~.rs~ ~ ,Notary Public, do hereby certify that
~J~ ~~d~~ , a representative for RALPH HODGE CONSTRUCTION CQ.
personally appeared before me this day and acknowledged the due execution of the foregoing
General Release and Settlement Agreement. and acknowledged to me that it was voluntarily,
freely and knowingly executed.
witness my band and seal, this the ~ day of ,a ~,~ ~., , 2008.
_`?!~c`G'~~~~=fit- ~~ ~,~~ic'~-..t
1/a ~fc#~~~,~tp,~,, ~-#u-~tri, Notary Public
~'nnt ame
My Commission Expires: ~3.~;.~~1/
Page ~ of ~
IN ~VITNESSETH WHEREOF, the Parties have entered into tlus Agreement on the day
and year written belotiv.
This the day of ~, 2008.
RALPH HODGE CONSTRUCTION CO.
gy; (SEAL)
NE~'4' HANOVER COUNTY '1VATER AND
SEWER DISTRICT
By:
SEAL)
~-~~
gy; (SEAL)
STATE OIL NORTH CAROLINA
COUNTY OF
I, ,Notary Public, do hereby certify that
a represeLitative for RALPH IIODGE CONSTRUCTION CO.
personally appeared before nie this day and acknowledged the due execution of the foregoing
General Release and Settlement Agreement and acknowledged to ine that it was voluntarily,
freely and kno~viugly executed.
Witness my hand and seal, this the day of , 2008,
,Notary Public
nut i nmc
My Comanission Expires:
Page ~! of 5
_ _ __ _ _
STATE OF NORTH CAROLINA
COUNTY OF
1, ,Notary Public, do hereby certify that
a representative for NEW HANOVER WATER AND SEWER
DISTRICT personally appeared before uie this day and acknowledged the due execution of the
foregoing General Release and Settlement Agreement and acknowledged to me that it tvas
voluntarily, freely and knowingly executed.
bl~itness my hfuid and seal, this the day of
2008.
,Notary Public
nut, ama
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF k//~
1, ~,.~ `s .! , Notary Public, do hereby certify that
,, .~ Q ~- a representative for MCKIM & CREED, P. A. personally
appe<~red efore me this day and acknowledged the due execution of the foregoing General
Release and Settlement Agreement and acknowledged to me that it was voluntarily, Freely and
hcuid and seal, this the ,~ day of ~ , 2008.
~0~~~ ~
$~~ r
.a ttR a ixs ~-
PtIBL1~ ,~~1 c+ ,~ ~ ~/.%ts ' ,Notary Public
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My ~'LSSifh4S~'sion Expires: _~!~1~~1~6_[~
Pagc 5 of 5
1LOCKY1fOiTlTipt2&SZ•t~ f ~Z~4-tC,934v i
This the
day of , 2008.
RALPH HODGE CONSTRUCTION CO.
By. (SEAL)
NEW HANOVER COUNTY WA
SE ~ ~ DISTRICT
. fl n .~
MCHIM & CREED, P. A.
By:
STATE OF NORTH CAROLINA
COUNTY OF
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s~~,n~
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~~Z !°
~` ~ .
~~~~/~,~, _ SE W ER ~~~~~~
I, ,Notary Public, do hereby certify that
a representative for RALPH HODGE CONSTRUCTION CO.
personally appeared before me this day and acknowledged the due execution of the foregoing.
General Release and Settlement Agreement and acknowledged to me that it was voluntarily,
freely and knowingly executed.
Witness my hand and seal, this the day of , 2008.
,Notary Public
Print ame
My Commission Expires:
Page 4 of 5
STATE OF NORTH CAROLINA
COUNTY OF e(nJ QI'tOVet'
I, e, ~• ~ r~Wtll Notary Public, do hereby certify that
_ _ ~~ a representative for NEW HANOVER WATER. AND SEWER
DISTRICT personally appeared before me this day and acknowledged the due execution of the
foregoing General Release and Settlement Agreement and acknowledged to me that it was
voluntarily, freely and knowingly executed.
~~ ~
Witness my hand and seal, this the day of J W1G , 2008.
,~ ~- '=,
~`~~,; Np^CARY •'•:~ ti e Notary Public
spy Comm. Prm an-e
t ExpitQS
312~i20tt _
My Commission Expires: ~ _ '••._•pUBL1C ~ •~v ~ .
,~,~
'~~,,, Hanover ,,,•,
~~~~~~~nnn~~~~aa`~
STATE OF NORTH CAROLINA
COUNTY OF
I, ,Notary Public, do hereby certify that
a representative for MCKIM & CREED, P. A. personally
appeared before me this day and acknowledged the due execution of the foregoing General
Release and Settlement Agreement and acknowledged to me that it was voluntarily, freely and
knowingly executed.
Witness my hand and seal, this the day of
2008.
Notary Public
not ame
My Commission Expires:
Page 5 of 5
ROCKYMOIJNT/012842-010/446939v1