2013-04-08 RM Exhibits Exhibit
Book cxVl Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE NOMINATION OF THE HONORABLE JAMES D.HEALEY TO THE
NATIONAL FREIGHT ADVISORY COMMITTEE
WHEREAS, the U.S. Department of Transportation is establishing a National Freight Advisory Committee (NFAC) and
soliciting nominations for membership;and
WHEREAS,the NFAC will provide advice and recommendations to the Secretary of Transportation on matters related to
freight transportation in the United States, including: (1)Implementation of the freight transportation requirements of MAP
21; (2) Establishment of the National Freight Network; (3) Development of a National Freight Strategic Plan; (4)
Development of strategies to help States implement State Freight Advisory Committees and State Freight Plans; and (5)
Development of measures of conditions and performance in freight transportation; (6)Development of freight transportation
investment,data,and planning tools; and(7)Legislative recommendations;and
WHEREAS, the Secretary of Transportation has requested nominations for members of the Committee to ensure a wide
range of members and a balanced Committee;and
WHEREAS, the Secretary of Transportation will appoint committee members with a view toward achieving varied
perspectives on freight transportation, including from government bodies, and seeking to balance the interests of many
groups including those of local elected officials;and
WHEREAS, Counties play an integral role in the movement of freight in America owning and operating: 44%of all public
roads and highways;228,026 bridges of all kinds;27%of public transit systems;and 30%of public airports;and
WHEREAS,Elected County Officials play a key role in economic development efforts in their regions and development of
new regional transportation infrastructure, serving on, or being actively involved in, all of the nation's Port Authorities,
Metropolitan Planning Organizations and Development Organizations;and
WHEREAS, the Honorable James D. Healy, County Commissioner, serves as Transportation Chairman for the National
Association of Counties(NACo),having also served NACo as Chairman of the Highway,Airport and Transit Authorization
Sub-Committees, and serves as a member of the Board of Directors for the National Association of Regional Councils
(NARC), and served as the Chairman and Vice-Chairman of the Transportation and Public Works Committees in his home
County,as well as a past member of his local regional planning organization;and
WHEREAS, the Honorable James D. Healy has been a vocal proponent of local governments working together in
cooperation with the freight, shipping and railroad industries, hosting the first freight/railroad summit last year bringing
together 250 local elected officials and representatives of the freight, shipping and railroad industry, and is singularly
responsible for the positive dialogue now occurring between local government officials and the railroad industry.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for New Hanover County, North
Carolina,do hereby request the Secretary of Transportation to appoint the Honorable James D.Healy,County Commissioner,
as a member of the NFAC Committee,to represent the views and interests of local go ents in America.
ADOPTED this the 8a'day of April,2013.
NE VE C UN
® n 00 y to,Cl an
O
r ATTEST:
Sheila L. SchuIt,Clerk to the Board
E ib
o
SYSTEM NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD
North Carolina
County of New Hanover
Road(s) c ' r :Thai's Trail and Wayneridge Court located within the Bayshore
Crossing Subdivision in New Hanover County (Division File No.
1191-N).
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described roads) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 8t'day of April,2013.
WITNESS my hand and official seal this the 8th day of April, 2013.
Vf1TY.
.awl O NO���
O n
Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
•F Y
oil F1
Form SR-2
Please Note: Forward directly to the District Engineer,Division of Highways.
i M
ExhUt
Book / page.__•3
KNOW ALL UEN i
Y THESE PRESEIM that PeW Run and Taffy Gause,
New Hanqver County Mleasors")hereby release New Himover County,N s- Department i
Risk • s ti . . joint
e
t Services Inc., i d Agency °'' s
BWWn, V Jordan, Jordan, LwSw MacNeish, Doug Pike, Eric
past and present o , el or a o • s, 1 Company, r
Hanover County, New Hanover County Shmirs Departrnen4 and New Hanover
Shedrs OM 1y 1 'es"� 's
o `2013, is o ' r 'b 'n
In c0usidOnStim THOUSAND DOLLARS AND ZERO CEM Of the compromise of diqnded claims of
. Q , of Released
below),), l vol •this and kno wingly exec*
Agreement with the express mtentlon of
oxfinguishment
of all obWons herein
1. The Releasors, do hereby
assigns,mpresentatives.hereby RELEASE,ACQUIT AND FOREVER DISCHARGE THE and personal is
RELEASED
PARTIES and dw predecessors, successms, heirs and amps, officers, elected or Womled
officials,
actions judgments,or of ,damages (both actual ad punitive), costs,back pay,front
7 a whether in law or in' fim and legal costs, injunctive
},, •
via 'relief, , c punknown,under U.S.C. § 1 r personal Wuries,
mecHcal 7c
e%lost wW66 pain and suffering,mental or emotional s,or km of eutring
®capacity and fiom whatsoever cause arising or from whamem act or anussion anang, Which
they now bave, or t othetw1w
liMitedoD, claims to recover damages fmr federal
consffiWojW
vial Carolina i Carolina
;.
includinig t not limited to claims for negligence, personal injuries, loss of
lost wages, loss O 'o distress, cause
arising or fivm whatsoever .s now
Released have existed, against thb ' ' the circumstances sumunft&C arest
of GbKfwyn Taft Russ,III on November 15,200%andlbr clahns whi&W
been raised in or could have
e complaint filed in v e No.
7: 17- United SW= District Court for
Carolina, Southern the Eastern District of North
i . . ' or arising from any conduct(WbAer intentional or ofimvi S e),
action,inaction, mission,or negligence on the part of of ! d their officers,
employees, agents, se 'v s, Parties,
agents,d attorneys o y ! o be e semnK WCW 75MM E.
k
General Release eat, and to and that all daims or matters that are,or
adght be, in controvamy between ReJeasors and the Released are forever put at rest, it
being rs'clear intention to forever discharge and mlease any and an clam against those �
persons and enfifta hemm released consequences resultmg or powbay to result from
the aforementioned events.
2. IT IS FURTHER AGREED AND UNDERSTOOD by the Releasors that withinv
ten (10) days after the execatign of dns General° and' °
rs
shall dismiss, and/or ° to dismissal, with pr*dice, y outs la °ts y have
p y o f Released �
Parties, including the following lawsuit.°
=OR="Ed QWM,at al..Cue No.7 17-FL,filed in the United Subs District
Court for the Eastan District of North Division.
3. IT IS FURTHER AGREED AND UNDERSTOOD that ffie paynwnt of the
consideration is not to be construed as an admission of liability on the part of the
Released
Parties, but that the payinent of such consideration is made only in setUmeat of s
doubtful claim,liab "y on the part of the Released Pardes behug expressly denied.
F
4. IT IS FURTHER UNDERSTOOD that each party hereto shall have the burden
and responsibility of paying for and satisfying any claim for attorneys' fees, disbursements,
costs, and other cqmnses mcurmd by each party with respect to their legal representafton in this
controversy. No party will seek an award of attorneys' . It is fiLfther
understood that no party shall be comMered to have been the"PrevafliW or"successUll party
in the hmsuft within the meaning of any statute,rile,or other law for any purpose,indu&ft the
ward of attorneys'few and costs.
5. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT. The Releasors
represent and warrant that no other person or antity has, or has had, any interest in the claims, i
demands, obliptions, or awa of action rderred to in this Cuagi Release and Indemnity F
Agreement, except as otheMw set fith herein, t the Releasors have the sole right°
exclusive authority to execute this General Release and Indemnity Agrement and rewive the
sums specffied In it; and tW the Releasors have not sold, assigned, transferred, conveyed or !
otherwise disposed of any of the claims, , obligations or causes of action referred to in
this General Release and Indemnity Agreement
f
ti. IT IS UNDERSTOOD AND AGREED that no withholding of income taxes has
been made. The Releasors understand and agree that to the extent any tax liability may now or
h,ereafter become due in addifton to thr. withholding because of the plLyment of any sum I
pummt to this agreement,such liability shall be their sole mqxmdbflhy and they pay any
taxes, penalty or interest which may be determined to be due and payable. Moreover, the
Releasors agree to save and hold harmless the Released Parties in connection with any
and
all
taxes,penalties,interest,or other costs that may be or become due as a result of this agrement.
I
e
7. CONFIDEMWITY AND NON-DISPARAGIBIENT
AG will Releasors by t di or a five sta fts about Released or any them, about,
deputies, ors,
representafives, or employees. The Releasors er agree that neither they nor their attorneys,
agents or reprmfttatives shall reveal to anyone, o may a°
to in y of the terms of d Indemnity
Agreement or
aunts, or t conditions of y
only o to confidentiality° Y fo Payable to el s hereunder. The
I. Ile attomeys for the Ref
rs and the Releasors are anthoflzed to discuss the cavil
disclosing Lion or the history d to y y e resolved action without
fi.
amount.
2. Disclosure may to fam members of Me I
named herein may be to operation of the lsi rs
of the partial attorneys. Before any such disclosure is made under this provision,
firm the or to to shall be d of
confidentiality `sionin this agreemnt;and
3° Disclosure may be made pursuant to a court order or as otherwise required by law.
S. MEDICARE ACKNOWLEDGMENT. e Relemrs wl t (.
Russ is currently a i n d tens for
° Medicaid s
(CMS), the entity that manages the Medicare program,, may have a claim for medical
°d on behalf of plaintiff Russ related to this claim t to the Medicare Secondary payer
Act ( 2 U.S.C. § 15y(b)) as amended. These medical services or payments=We er Medicare pm "conditional payments*. S sb n r, f-
the
MSFRC, to the conditional payments on its behalf. It is through the MSFRc that j
conditional a ent i1hrmation can be obtained.
9. DISBURSEMENT. Ile parties have
detezmined through
by the el ors' ` e, a review of ,medical b°information provided
re,
the C's interim conditional payment statement, that conditional payments ou
behalf
of plaintiff Russ zelakd to this claim, may be approximately ftoo. 7ILe part= er
admowledge that is not a final lien amount and that the MSpRC win not calculate a ,fwaj
lien demand"until after it Z=ives the final settlement documents F09auling this claim. E
Therefore.,in settlement of ft cl ° the parties hereby agree t:
;L Ile amount to be first paid to the Releasms is$75,000;and '
2° The amount the parties estimate to be paid to the MSPRC in satisfaction of the
Medicare's.lien for conditional payments made to Releasor related to this daim
is not to $5,000.
-3-
It is Auther agreed that three (3)settlement checks will be ° —one to the Relemrs
in settlement of all daims for $75,000, the second Check a out jointly to the
y and the MSPRC in safisAwdon of the is Medicare for
conditional payments, and the third check to the RdessOfs for settlement not to exceed the
stated amottat listed in#2 above,if any difference remains after resolution of
Medicare lien.
no par des r agree that the Releasors will be responsible for resolving the
conditional PaYment lien with the MSPRC &W that the Released Parties have no huftr
obligation,payment or oflmvise,to the Releasors,CMS or .
Any amount owed to the MSPRC in excess of the estbuted lien amount Will be the Bole
resP ° °tY of the Rel rs shall be °ble to S for any
t,Tien,or cause of action dat Medicare may assert pumunnt to the Medicare Secondary Payer s
Act(42 U.S.C.6 1395y(b)).
The s further agree to hold the Released Parties hamless and indemnify the
Released Parties from any claim, lien, or cause of action bropght by any entity pumuant to
Medicare Secondary Payer Act (42 U.S.C. J 1395y (b)) related to this claim that =weds the
estimated lien ammnt.
10. FUTURE RMICAL . It is not the fi&n#ion of any party to ft
Agreement to SM responsibility of future medical beneft to the Federal Government. It is the
parties intention to comply with the Medicare Secondary Payer Act(42 U.S.0 1395y(b)) as
amended and the relevant regulations contained in 42 C.F.R. 11.
After cmWdermg the parties' obligations according to the RfUrementioned statue and �-
regulations, Wee &at there is no risk of ShMing future medical expenses to the
Medicare program after the settlement of this ° because the Rel rs her acknowledge '
that no r m t is warranted or required with to any alleged
injuries sustained or alisMg out of this accident,occurrence or cwm.
Taking nto account the vios hctors of including the Re rs' r:
irduriess claimed economic losses,and cWmad pain and sufferiM no portion of this sefflemeint
is allocated for future medical expenses is thmefDri not a settlement contemplated the
Medicare Secondary Payer Act. by
TU A'
'es in good faith do not believe that Medicare may'mcur any expense in the
future related in any way to the clahm asserted in this matter or subject to this Agreement, and
any expense that Medicare may incur in this matter is too remote to calculate or reasonably
at the time of settlement
Im addition, any future medical treatment relating to body parts allegedly injured,
sustained
or arising out of this accident, occurrence or claim, or expenses incurred by the
Releasors for like or siniflar injuries,are the sole responsibility of the Rele rs. g
"4°
e �
11. WAIVER AM HOLD HARMLM. a Releasors e
fiutber xpressly rdegge and`ve hiOw right to any claim or �.
Parties r y
daim. he/she may cm=tly hwe or Mat adges in the future pullum the Medicare
Payer Act - e se of Action as codi&A in 2 U.S.0 § 13 XA) related M Y
claim d events addressed in this Agreement and subject to the Release set forth above. The
Releasors huther agree to hold the Released Parties harmless and
indemnify Ref
ftm Parties claim,lien, or ca of action t by Y Y pursuant to Medicare Secondary
yer (42 U.S.C. § 1395 Y ))r to claim.
•
}
i
12 COOPERATION CLAUSEL Should the Centers for cla* e °Services (or y Of its es r )
°t or y t;
iuvesfiglitiOn, or Otherwise ` ° e about any es alleged by CWS to be
associated with this claim at any time in the Mare, the Relcaiors expressly agroe. to cooperate
with the Relewd Parties or
addressing Y ix . subsidiaries, Of d in to or
the raised by This s t the
Released Parties with a consent f so it o' providing
t d receive d to and fmm CMs
(including medical ti � providing the Relmed Parties with debals about
y giftegod
expenses CUS daims is related to this d Y r ° a
reasonably ary to aillow the Released Parties to p properly y claim by CMS.
;..-
!3. UENS, OF UENS & ele rs he warrant
d represent to the el d Parties d their or
' ti incl " t y
tto, the o lira ti Liability Joint t limited
Y
ACC Liability and Property Pool, S Claims
Services bc., and Ohio
Casualty Insumcc Cbmpfmy, thait them are no medical or hospiW W lien or expenses for 's
which e Released Parties or their insurers and/or sureties may be held liable wider Section
2651 through 2653 of Title 42, and Section 1 l 1076(a)(b) and 1095 title 10 US.
e'Medicare,Medicaid; , Tri u, y other law r s any United Stn of America Or any agency or authority themi The Rol represent to the Released 3r urers ors ties
fr'...
:
liens that there am n® assigmients,
or claims Of my Other type whatsoever against the proceeds of this se t,including but
not limited to, claims of chiropractic, medical, ar hospital
°
providers, homes or°es' government agencies, e lOyes or °es, for payment or
reimbursement fbr payment, of . modicaL to Rele , or e' e$y of out of the November 15, t
'
of
GIRdWYA Taft Russ,M M&Or otherwise the claims which were or could have been raised
in the complaint filed in
Can o. 7:09 l-i c
v-
17 din United S ° District ern Division. In the event the el Parties, or y o their insurers osureties° are required to pay any such enses to Y n, firm, corporation, authority,
gOvermuntal agency or other entity on acoount of any hospital or medical treatment, or Otber
services rendered to the Releasors the undersigned Releasors defend and
the Rel=wd Putes and their and/or sureties for all such claims.
v i
}
The undersigned undmtand and agme that they shall.be solely responsible for pa °
physician, hospital, and medical bills and expen=and any and all other bills arising out of or
incurred as a result of the injuries and low= ga&red as a cub of said indde nt and for
Satisfying y and all claims,Mons,debts,oblignihm or demands,including reimburseinettt and
satisfaction of subrogation rights, if any, of any and all persons, firms, Individuals, co tons
or entities who made or Ve obligated to make any paymens of any or nmure to or on hW it
her behalf as a result of the irduries and losses as a result of said inciden4 as wen as
liens from °a or Medicare.
14. IT IS UNDERSTOOD AND AGREED dot tb Releasors have co °
111dVendeut legal counsel regarding this settlement and are not relying on
y reppeftntalhon of
y o1her parM or their counse4 rWdiqg the lcgpl effect or consopiewe of the execution and '
perforxnance of this 1 and Indemnity Agreement The Relewors y warrant
tW no representations about the noWe or of any claims,demands, es or riots "'
that they have,or May have, aPimt those Persons or ° released herein
to
them or to anyone acting on their behalf to.induce them to execute this Release, and they reply l;
OR no such re tiona; that they have fully read and undeistood this Release before signing r.
their names;and that they aa voluntarily.
15. IT IS UNDERSTOOD AND AGREED that tNs General Release and Indemnity
Agmwent shall be interpreted using General Release and Indemnity
Agreement Shall not be construed against any party more strongly than it is construed agawt any
other party.
16. IT IS UNDERSTOOD AND AGREED that if after the date hereo& any provision E
of this Gmend Rolease and Indemnity Agreement is held to bie illegal, invalid or roe le
under present or future laws etbuive during the to of eral Release and Indemnity
Agreement' such Prov'sions shall be fWly wverahle In liar
, be added a
provision
as similar in term to such illegal, invalid or uneaftwable provision as may be
possible and be legal,valid and enforceable. f-
TBEREMAM
OF THIS PAGE INTIRMONALLY LEFr BLANK
i
.3
I GENERAL RELEASE AND INDEMMY
AGREEMENT, FULLYUNDERSTAND IT AND, AFFER
CONSULTING
COUNSE34 HAVE WrrH LEGAL
Y VL Y
DAY
BEIDWI OR DATES WRrfMN
SZGNWMG My ASSENT s TO BE BOUND , ITS
WITNESS IN WMEOP,Ihave hereunto set my hand and s e ! Of
2013.
Jp-
P� QY�®4rrf C
IM to and sub iUd befte me,Ws the
* T r
Ll
n Public
>p .......•
MY ion Expires;� '�
�®r►rrrtil�i�a �'.
y�y3 0.
U l\®®
I:
0.
G f
Sworn 41 to su e, ®+ ®r :! `$'.►
day of 13. ►® ,�
Notwy Pubhc i+l1•. L «fj 44 a
I '. •® �
MY 11 ®
Matthew a Duckminer
Shipman ,LLp
515 Mhh"Cutoff Road
Suite 1
NC
CO fox Peggy Russ and T Gam
. 7-
NEW HANOVER COUNTY BOARD OF COM3flSSIONERS
RESOLUTION
Exnibi
DISPOSAL OF SURPLUS PROPERTY Book V"Vage
WHEREAS,New Hanover County owns certain personal property itemized on the attached Exhibits A-1
and A-2 that are no longer functional for governmental purposes by the County; and
WHEREAS, the referenced property is determined to be obsolete, outdated, damaged, or been replaced
according to the County's replacement policy covering certain equipment;and
WHEREAS, New Hanover County Board of Commissioners is desirous of declaring this property
surplus and disposing of as authorized by North Carolina General Statute(NCGS) 160A-Article 12;and
WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction
according to the procedures prescribed in NCGS 160A-270(c) which authorizes the disposal of personal
property electronically using an existing private or public electronic auction service; and
WHEREAS, items not sold by electronic means will be disposed of using any other method authorized in
the NCGS 160A-Article 12 including discarding the items.
NOW,THEREFORE,BE IT RESOLVED by the Board of Commissioners of New Hanover County as
follows:
1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus
property.
2. That the Finance Director's designated representative, pursuant to the provisions of G.S. 160A-
270(c), is hereby authorized to dispose of the personal property listed on Exhibits A-1 and A-2 by
electronic public auction and any property not sold by electronic means may be disposed of using
any other method authorized by the NCGS 160A-Article 12, and that said representative be
further authorized and directed to execute necessary documents, transfer title, add/delete items
from the surplus list,and perform all necessary functions associated with this disposal.
3. All surplus property will be sold "as is," all sales will be final and the acceptable forms of
payment are cash, certified check, money order, and Visa or MasterCard. New Hanover County
makes no express or implied warranties of merchantability of any surplus property, or part
thereof, or its fitness for any particular purpose regardless of any oral statements that may be
made concerning the surplus property or any part thereof.
4. A notice summarizing this Resolution and the sale of the surplus property shall be advertised on
the County's website and/or in the Wilmington Star News at least ten (10) days prior to the
electronic public auction.
ADOPTED this the Sh day of April,2013.
NE O R O
T
�G V�1 .}Y 0
o ti Woody White, Chairman
o
ATTEST:
Sheila L. Schult,Clerk to the Board
—---------
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EXHIBIT A-2
APRIL 8,2013 AUCTION LIST
NEW HANOVER COUNW
PROPERTY CONMLFORAI
FIXFJ3 ABSET DIOPOSAL&TRANSFERS
PART I
BATE: FIXED ASSET TAG#
FUND/AGENCY/ORGN: SERIAL
LOCATION OF ASSET
SIGNATURE OF
FIXED ASSET DESCRIPTION: DEPARTMENT HEAD
PLEASE s,9E I
I L - AY u. I+kv: ITEMS G01j'fhJN ►�SA s /ys A jJ A,u�
p1a1 J~A4F X. Trrf a.lsr )xJV�ctilker uualg
RAYEfgs ip TNE Q&L9A IJUMBER vtJ FAc)) Ii 19-
PART II
{ ) DISPOSALS: A 1 cct c
REASON:
)STOLEN If TRADE-IN NEW PURCHASE PO#
( )SCRAPPED ( )SOLD- DATE
( ) LOST AMOUNT REC-D FROM SALE
AMOUNT ALLOWED TIRADE IN $
( )TRANSFERS:
( )TRANSFER TO ANOTHER DEPARTMENT
FUND/AGENCY/ORGN:
/ /------ NEW LOCATION t--JSPECIFIC
( )ASSET HELD FOR UPCOMING AUCTION PROPERTY MGT TAG#
( )ASSET HELD IN STORAGE FOR LATER USE PROPERTY MGT TAG
SIGNATURE OF DEPARTMENT HEAD
RECEIVING TRANSFERRED ASSET
ADDITIONAL COMMENTS- r
NEW LOCATION CODE
FOUR PARTS:
(1)FINANCE RECEIVES COMPLETED ORIGINAL FINAL COPY TO REPLACE COPY#4(WHITE)
(2)PROPERTY MANAGEMENT KEEPS COMPLETED COPY FOR RECORDS(YELLOW)
(3)INITIATING DEPARTMENT KEEPS FOR ITS RECORDS (PINK)
(4)COPY#4 SENT TO FINANCE TICKLER FILE INITIATIN ACTION(GOLD)
EXHIBIT A-2
APRIL 8, 2013 AUCTION LIST
BOX#CONTENTS QUANTITY
1 non-osha approved traffic vest 100
2 non-osha approved traffic vest 124
3 misc.blue emergency signal lights 42
4 interior vehicle blue lights 33
5 non-osha approved and damaged rain coats 8
6 misc.mounting brackets 48
7 clear light lenses 28
8 Iraln leggins 25
9 interior blue lights 2
10 light switch boxes 16
11 new clear lens covers 17
12 800 Mhz radio mics fig
13 motorola mobile radio speakers 33
midland mobile radio speakers 7
general electric mobile radio 8
14 flashlight batteries 37
15 misc.mounting brackets 35
16 used blue light lenses 37
17 misc.speaker brackets 19
18 new license brackets for Ford CrownVictoria 19
19 light bar brackets 16
20 siren speaker and blue light combo 2
21 used siren speakers 8
22 dual siren speakers with bracket 1
23 "mobile vision" outdated in-car camera&misc.wires and parts 6
24 used"code 3" light bar lenses 22
25 misc.mounting brackets 86
26 clear"code 3" light bar lenses 4
27 misc.mounting brackets 12
28 used straight batons 19
29 negotiator phones 3
wire spools 3
phone cases 2
30 misc. mounting brackets 28
31 misc.mounting brackets 86
32 amber mini light bars 2
33 jarrow stick"code 3" light boxes 15
34 Imetal brackets for lights 14
blue deck lights 43
35 exterior vehicle antenas 150
36 remote strobe power supply 2
37 outdated "watch guard" in-car camera &misc. parts and wires 1
38 misc. mounting brackets 70
39 1 remote strobe power supply 3
40 AC/DC power inverter 1
41 misc.mounting brackets 10
1
EXHIBIT A-2
APRIL 8,2013 AUCTION LIST
BOX#CONTENTS QUANTITY
box# contents quantity
42 misc.mounting brackets 41
43 400 Mhz portable radio charger 5
800 Mhz portable radio charger 5
44 misc.mounting brackets 14
45 misc. mounting brackets 26
46 misc. mounting brackets for Ford CrownVictoria prisoner cages misc.
47 helmet ballistic shields 13
48 "Panasonic"taugh gooks 2
serial#s:OGKSA 20759;OGKSA 20765
49 "Icom"400 Mhz radio chargers(serial#s:89273;76845;89278 3
"motorola"battery chargers(no serial#s) 2
"erickson" battery(no serial#) 1
"Icom"400 Mhz top half radio (serial#:27151) 1
50 GE communications 400 Mhz radios 7
serial#s: 92232217&126804 with no mics
serial#s:9423073;9416849;9215571; 125534; 9233261 with mics
51 Maxon 400 Mhz mobile radios(serial#:703T2175ZB;705T23322B;706248076) 3
Erickson GE 400 Mhz mobile radios(serial#:9423371;9299009) 2
GE ML5 400 Mhz mobile radio(serial#:9575867) 1
52 Motorola battery chargers(serial#:OOODPT9960; D500472; M100261; M100213) 4
53 800 Mhz radio"Motorola"MCS 2000 14
722AYY0858; 722AYY0803;722AYY1166;722CDNO418;722AYY0810;722AYY0853
722AYY0848;722AYY1138;722AYY0812;722AYY0956;722AYY0804;722AYY0798
722AYY1043; 722AYY1163
Desk mics 6
Motorola Shoulder mics g
54 Maxon 400 Mhz radios(serial#:7005T23914B;706T24733B 2
GE MLS 400 Mhz radios(serial#: 9992279; 9877075;9991952 3
55 Motorola Power Boxes 7
E226018873; 1122076383; 1122068260; 1122081341; 1122076355; 1122076377
1122076353
56 Wheelen siren box 18
PNG55734; PIK23700; PMK50267; PMK16298;PMG47983; PMG147494
PE624249; PKG3294; PFB24244; PIK232726; P1122447; P18863
6 siren boxes have no serial numbers
57 Power Inverter"Dekolink Wireless" (serial#:05111272) 1
58 Outdated "Mobile Vision" in-car camera vaults with misc. parts 3
061152; ET01040;088469
59 "Camtrek" batteries 400 Mhz 4
"Motorola" batteries 800 Mhz 12
"Comtrex" batteries 800 Mhz 7
"Avon" batteries 800 Mhz 4
"Axtech" batteries 800 Mhz 2
"Power products" batteries 800 Mhz 2
"Batteries Plus" battery 800 Mhz 1
2
EXHIBIT A-2
APRIL 8,2013 AUCTION LIST
BOX#CONTENTS QUANTITY
"Motorola" battery(shorty)800 Mhz 1
59 cont. Replacement GP838 battery 800 Mhz 1
"Motorola" 800 Mhz radios 6
H0IUCD5PWIBN; 205CEY0623;205CEY1277;466ABA44202;466AYY0611Z
466AYY0685Z
"GE communications" radio mics 2
"Motorola radio mic 1
"Maxon" radio mic 1
"Radio Shack"scanner 800 Mhz(serial#:85013432) 1
60 Metal diamond plate truck box 1
61 Camper hot water heater 1
62 Camper hot water heater 1
63 Camper stove 1
64 "Hoist"preacher curl/leg extention accessories 1
65 "Hoist"weight plate tree 1
66 "Everlast" speed bag and mounting bracket 1
67 K-9 training burlap bite suits 2
68 K-9 kennel(GMC Yukon)6 pieces 1
69 K-9 kennel(GMC Yukon)6 pieces 1
70 K-9 kennel(GMC Yukon)6 pieces 1
71 K-9 kennel(GMC Yukon)6 pieces 1
72 1 bottom piece to a K-9 kennel(Ford CrownVictoria)3 pieces 1
73 1 misc.wire -
74 misc.wire
75 misc.wire -
76 misc.wire -
77 misc.wire -
78 misc.wire -
79 misc.wire -
80 misc.wire -
81 misc.wire -
82 blue light bar 1
83 blue light bar 1.
84 blue light bar 1
85 blue light bar 1
86 REMOVED 1
87 prisoner cage(Ford CrownVictoria) 1
88 REMOVED 1
89 REMOVED 1
90 prisoner cage(Ford CrownVictoria) 1
91 prisoner cage(Ford CrownVictoria) 1
92 IREMOVED 1
93 IREMOVED 1
94 REMOVED 1
95 prisoner cage side guards(plastic) 20
96 misc. prisoner cage parts 40
3
EXHIBIT A-2
APRIL 8,2013 AUCTION LIST
BOX# CONTENTS QUANTITY
97 misc. prisoner cage parts 24
98 misc. prisoner cage parts 28
99 trailer couch 1
100 Itrailer couch 1
101 Sub-gun mag pouches 14
Handgun mag pouches 22
M-16 mag pouches 1
shotgun shelf pouches 12
handcuff pouches 22
radio pouches 32
munitions pouches 15
rifle butt-stock pads 27
102 shoulder pads 40
103 groin' protectors 34
expired gas masks 22
104 shoulder pads 27
expired gas masks 12
old gas mask pouches 8
105 expired sapi plates(green) 2
106 expired tactical vests(black) 5
107 expired tactical vests(black) 5
108 expired tactical vests(black) 5
109 expired plate carriers with 2 sapi plates each (green) 2
110 expired tactical vests(black) 2
111 plate carrier vest with carrying bag(blue) 2
112 expired tactical vests(black) 5
113 expired tactical vests(black) 5
114 expired tactical vests(black) 5
115 expired plate carriers with 2 sapi plates each (green) 5
116 expired plate carriers with 2 sap!plates each(green) 4
117 Wheelen short blue bar light 1
118 two drawer fife cabinet 2
119 lexpired concealment vest 16
120 lexpired concealment vest 18
4
EAU
ao
NEW HANOVER COUNTY BOARD OF COMAUSSIONERS
RESOLUTION AUTHORIZING THE REPAIR,RESTORATION AND
REBINDING OF REGISTER OF DEEDS INDEX BOOKS
WHEREAS, North Carolina General Statute 132-7 provides that Board of County
Commissioners of any county may authorize that any county records in need of repair,
restoration or rebinding be removed from the building or office in which such records are
ordinarily kept, for the length of time required to repair,restore, or rebind them; and
WHEREAS, New Hanover County Grantor Index books A-B, C-D, E-G, H-J, K-M, N-R, S-T,
V-Z and New Hanover County Grantee Index A-B, C-D, E-G, H-J, K-M, MR, S-T, V-Z are in
desperate and dire need of repair,restoration and rebinding due to years of constant handling and
use; and
WHEREAS, it is our obligation to maintain and preserve the historical documents contained in
the New Hanover County Registry to ensure for future generations that the people will have
access to historical documents in their original condition; and
WHEREAS,New Hanover County has entered into a contract with C. W. Warthen to deacidify,
encapsulate, mend, and rebind New Hanover County Grantor Index books A-B, C-D, E-G, H-J,
K-M, N-R, S-T, V-Z and New Hanover County Grantee Index A-B, C-D, E-G, H-J, K-M, N-R,
S-T, V-Z.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners does hereby authorize and sanction Tammy T. Beasley, New Hanover County
Register of Deeds, to remove New Hanover County Grantor Index books A-B, C-D, E-G, H-J,
K-M, N-R, S-T, V-Z and New Hanover County Grantee Index A-B, C-D, E-G, H-J, K-M, N-R,
S-T, V-Z from the New Hanover County Registry for the purposes of repair, restoration and
rebinding by C.W. Warthen.
ADOPTED this the Sa'day of April, 2013.
NEW ;Ch ' Y
G ► o
a� �n Woody W
ATTEST:
Sheila L. Schult, Clerk to the Board
Exhibit
Book Page
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Exhibit
AGFNDA: April 8,2013 Book 2QM1 Page S.'7CL-
AN ORDINANCE AbMMING THE FISCAL YEAR 13 BUDGET
BY BUDGET AWNDMENT 13- 171.
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 13-171 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Understand/act on citizen needs
Fund: General
Department: Social Services
Ea nditure• Decrease Increase
Social Services $99
Total SO' $99
Revenue: Decrease Increase
Social Services $99
Total, SO "9
Section 2: Explanation
To budget an additional allocation of$99 contributed by Piedmont Natural Gas(PNG)customers,employees
and corporate donations.Allocations are only made to counties who have PNG customers,and are based on
the number of PNG residential customers in each county.Counties can utilize Share the Warmth funds until
exhausted or until the end of the heating season.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,TBEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 13-171,amending the annual budget
ordinance for the fiscal year ending dune 30,2013,is adopted. R
�uNFY'N
4 this$th day of April,2013.
,aw n
0
r
�. Woody White,
Sheila L. Schult,Clerk to the Board
Exhibit
Book Page
�
AGENDA: it 8,2013
ORDINANCE NEW EIANOVER COUNTY BOARD OF COMMISSIONERS
AN 2013 BUDGET
Y BUDGET AMENDMENT 13- 175
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 13-175 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:General
Department:Sheriffs Office
Ex nditure: Decrease Increase
Sheriffs Office $83,112
Total $0 $83112
Revenue: Decrease Increase
Sheriff's Office $83112
Total $0 $83112
Section 2: Explanation
To budget reimbursement of$72,386 for expenses for the Sheriffs Office personnel who worked during the
Democratic National Convention in Charlotte,North Carolina.Expenses reimbursed include salaries and
wages,mileage and fuel reimbursement.The reimbursement totally covers the County's expense.The
remaining funds of$10,726 are reimbursement for FBI and Vice overtime and lab fees expenses incurred by
the Sheriff's Office while working on FBI cases.
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 13-175,amending the annual budget
o for the fiscal year ending June 30,2013,is adopted.
ovNTV No
A 8th day of April,2013.
n
(S
�ry Woody White,
Sheila L. Schult,Clerk to the Board
Exhibit
AGENDA, April Book Page:; � n
, 1
COMMISSIONERS NEW HANOVER COUNTY BOARD OF
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
Y BUDGET AMENDMENT 13-
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 13-180 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Fund:General
Department:Health Department
Ez nditure• Decrease Increase
Health $1
Total $0 $
Revenue: Decrease Increas
Health $12,480
Total $0 $12 480
Section 2: Explanation
The Health Department has been awarded additional grant funding from the North Carolina Division of Public
Health,Chronic Disease and Injury/Physical Activity and Nutrition Branch.This award will support operating
costs,such as an advertising and media campaign,to promote active living and healthy eating.No matching
County funds are required and no new positions are requested.
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 13-180,amen ' annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
GovAM 0 this 8th day of April,2013.
o� (S
s
Woody White,C
IL
Sheila L. Schult,Clerk to the Board
Exhibit
AGENDA: April 8,2013 Book Pa 9e 51
NEW E ANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 61
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Caroline,that
the following Budget Amendment 2013-61 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:Controlled Substance Tax
Department: Sheriffs Office
E nditure• Decrease Increase
Sheriff s Office $23168
Total $0 $23,168
Revenue: Decrease Increase
Sheriffs Office
Total $0 $23168
Section 2: Explanation
To budget Controlled Substance Tax receipts for 1/18/13,2121113 and 3/20/13 and interest on investments.
Controlled Substance Tax funds are budged 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 2013-61,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
this 8th day of April,2013. s
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z` Woody white,
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Sheila L.Schult,Clerk to the Board
Ex ibit
April 2013 oak age
COMMISSIONERS NEW HANOVER COUNTY BOARD OF
AN ORDINANCE AMENDING THE FISCAL YEAR 13 BUDGET
BY BUDGET AMENDMENT 2013-62
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 2013-62 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety 1 crime prevention
Fund:Federal Forfeited Property
Department:
E euditum: rease Increa
Sheriffs Office 565,763
Total so Sb 763
Revenue: Decrease Increase
Sheriffs Office $65,763
Total 50 SK763
Section 2: Explanation
To budget Federal Forfeited Property(FBI)receipts of 2/21/13 and(DOJ)receipts of 1/22113,2119113,
3/13/13 and 3/19/13,and interest on investments.Federal Forfeited Property funds are budgeted as received
and must be used for law enforcement as the Sheriff deems necessary.
Federal Bureau of Investigation(FBI)receipts are the Sheriffs Office's portion due from cases where they have
cooperated with the FBI.Department of Justice(DOJ)receipts are for drug seizures and Alcohol,Tobacco and
Firearms cases.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 2013-62,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
4
GO��4 othis 8th day of April,2013.
O
O
Woody White,Ch
Sheila L. Schult,Clerk to the Board
Exhibit
Book Page s►
AGENDA: April 8,2013
NEW HANOVER COUNTY BOARD OF COMMMSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 E
BY BUDGET AMENDMENT 2 1 -
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-63 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of e
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Innovate programs to protect the environment
Understand/act on citizen needs
Fund:Mason Inlet Relocation
Department:Finance
Expenditure: Decrease Increase
Capital Project Expenditures $51433
Total $0 $51,433
Revenue: T Decrease Increase
Transfer in from Special Revenue Fund $51,433
Total $fl SS1,433
Fund:Room Occupancy Tax(ROT)
Department.Finance
Expenditure: Decrease Increase
Transfer to Capital Project Fund $5I,433
Total $o $51
Revenue: Decrease Increase
Appropriated Fund Balance $51433
Total $0 $51,433
Section 2: Explanation
Norfolk Dredging Company is currently under contract with the County to perform a dredging and
maintenance project at Mason's Inlet.The dredging has been completed and the total cubic yards is 10,750
more than estimated.The cost of the additional cubic yards is$51,432.80(10,750 x$4.78 per cubic yard).
This budget amendment authorizes the transfer of funds fima the Room Occupancy Tax fund for the
project.Since this change order is increasing the cost of sand placed on Figure Eight Island,the additional
cost of$51,432.80 will be assessed to Figure Eight Island property owners only.
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 2013-63,amending the annual budget
ordinance for the fiscal year ending June 30, 013,is adopted. IN
Gav 4 is 8th day of April,2013.
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-- Woody White,C
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Exhibit
Book Page
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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PROCLAMATION
WHEREAS, children are vital to our state's future success, prosperity and quality of life
y E as well as being our most vulnerable assets; and ,
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k. WHEREAS, all children deserve to have the safe, stable, nurturing homes and d d
t ,. communities they need to foster their healthy growth and development;and
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WHEREAS, child abuse and neglect is a community responsibility affecting both e
current and future quality of life of a community; and
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k WHEREAS, communities that provide parents with the social support, knowledge of ly'
parenting and child development and concrete resources they need to cope with stress and 3
4 nurture their children will ensure all children grow to their full potential;and
WHEREAS, effective child abuse prevention strategies succeed because of partnerships '`' ,`
created among citizens, human service agencies, schools, faith communities, health care
i ' € providers,civic organizations, law enforcement agencies, and the business community. '' r
ION
+fix NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
` - Commissioners that April 2013 be recognized as "Child Abuse Prevention Month" in
New Hanover County.All citizens, community agencies, faith groups, medical facilities, ,
aelected leaders and businesses are called upon to increase their participation in our efforts ,t }
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to support families, thereby preventing child abuse and strengthening the communities in
r
which we live. i
ADOPTED this the 8b day of April,2013,
NEW HANOVER C T°
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Woody White, Chaff' an rd
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS '''
SEXUAL ASSAULT ACTIVISM MONTH OCL TI
,4
'r WHEREAS,Sexual Assault Activism Month is intended to draw attention to the fact that sexual
violence is widespread and has public health implications for every community member of New
Hanover County;and
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} d WHEREAS, Rape Crisis Center staff and DEDICATED volunteers served more than 400 new r
r i sexual violence victims and their loved ones in the past year providing free and confidential
Ra support,advocacy and counseling 24 hours a day,7 days a week and 365 days a year;and
4- E.
j: WHEREAS, we must work together to educate our community about how to support survivors ;
+ and encourage every person to speak out when witnessing acts of violence however small; and
WHEREAS, with leadership, dedication, and encouragement, there is compelling evidence that
we can be successful in reducing exual violence in New Hanover County through z
g ty gh prevention ;..
education, increased awareness,and holding perpetrators who commit acts of violence responsible
g, for their actions. "®p
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the month of April 2013 be recognized as Sexual Assault Activism Month in
New Hanover County;and
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' BE IT FURTHER PROCLAIMED that the Board of Commissioners pledges and asks our {Y
` citizens, professional and volunteer, to TAKE ACTION NOW to assist Rape Crisis Center's ;
UNT2dNG efforts to eliminate sexual violence from our families, our neighborhoods, and our =
community. The Board of Commissioners also pledges and asks our local businesses and citizens
to participate in Sexual Assault Activism Month campaigns and events in order to spread
A} awareness and take action.
ADOPTED this the S''day of April,2013.
"A pri
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Woody White,Chairni w r
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€� !" Sheila L.Schult,Clerk to the Board
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Exhibit
Book �CX �! Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Resolution Requesting the Federal Office of Management and Budget Reconsider the
Re-designation of Brunswick County out of the Wilmington/New Hanover County Metropolitan
Statistical Area(MSA)into the Myrtle Beach/Horry County MSA
WHEREAS, like Myrtle Beach/Horry County, Wilmington/New Hanover County shares a physical
boundary with Brunswick County; and
WHEREAS,the preponderance of social, cultural, historic and economic data shows that the residents of
Brunswick County have much stronger cultural and economic ties to Wilmington/New Hanover County
than to Myrtle Beach/Horry County; and
WHEREAS, for example,U.S. Census Bureau data* clearly shows that the vast majority(more than 4 to
1) of commuting workers in Brunswick County commute in far larger numbers to the Wilmington/New
Hanover County area than to the Myrtle Beach/Horry County area;and
WHEREAS, in arriving at a determination as to which MSA to designate Brunswick County, the urban
cluster of Southport/Oak Island was not given a preferred orientation to either the Myrtle Beach/Horry
County MSA or the Wilmington/New Hanover County MSA when the citizens of Southport/Oak Island
share a much greater affiliation with the Wilmington/New Hanover County MSA. This consideration
alone would have clearly placed Brunswick County in the Wilmington/New Hanover County MSA; and
WHEREAS, for proper planning and growth management and economic development considerations, it
is essential that the broader Wilmington/New Hanover County MSA include Brunswick County.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
hereby requests immediate (1) reconsideration by the Federal Office of Management and Budget
concerning the re-designation of Brunswick County into the Myrtle Beach/Horry County MSA and (2)
restoration of Brunswick County back into the Wilmington/New Hanover County MSA; and that a copy
of this resolution also be provided to the Wilmington/New Hanover County jonessional Offices.
ADOPTED this the 8"day of April,2013. NEW OVE
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o '0 WoodyWhite,Nh an
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Shei a L. Schutt, Clerk to a Board
*U.S. Census Bureau,American Community Survey, 2006-2010 shows that greater than 80%of all
commuting workers residing in Brunswick County commute to New Hanover County for employment.
Exhibit
Boom Page
CAPITAL PROJECT ORDINANCE
NEW HANOVER COUNTY
LANDFILL NORTHERN PROPERTY CLOSURE
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the construction of the Landfill Northern
Property Closure, which capital project involves the construction and/or acquisition of
capital assets.
2. County desires to authorize and budget for said project in a project ordinance adopted
pursuant to North Carolina General Statute §159-13.2, such ordinance to authorize all
appropriations necessary for the completion of said project.
3. The County desires to expend its own funds for the purpose of paying certain costs of
the project, for which expenditures the County reasonably expects to reimburse itself
from the proceeds of debt that could be incurred by the County.
4. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from
the proceeds of debt to be hereinafter incurred by the County for certain expenditures
paid by the County on or after the date which is sixty (60) days prior to the date hereof.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute §159-13.2.
2. The project undertaken pursuant to this ordinance is the Landfill Northern Property
Closure Construction Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Transfer in from Enterprise Fund $250,000
Totals
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense $250,000
Total
5. This project ordinance shall be entered in the minutes of the Board of Commissioners of
New Hanover County. Within five days hereof, copies of this ordinance shall be filed
with the finance and budget offices in New Hanover County, and with the Clerk to the
Board of Commissioners of New Hanover C unty.
th vNTY N
Adopted this 8 day of April, 2 �� ►� op
a
Sheila L. Schult dy White, Ch ' an
Clerk to the Board of Commissioners yam ; s o rd of Count ommissioners
•F'�Y19�E4fi'� '
Exhibit
Book 9 j Page
AGENDA: April 8,2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 59
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-59 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Ares: Intelligent Crrowth/Economic Development
Strategic Objective(s): Innovate programs to protect the environment
Fund: Landfill Northern Property Closure
Department: Environmental Management
re: Decrease Increase
Capital project expense $250,000
Total $0 $250 000
Revenue: increase
Transfer in from En Fund $250,000
Total $0 $250
Section 2: Explanation
This budget amendment is to establish the captial project for the Landfill Northern Property Closure. The
FY13 budget appropriated$250,000 for the design and engineering cost of the project. When the cost of
the construction phase are known,a budget amendment will be presented to the Board for adoption.
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 2013-59,amending the annual
budget ordinance for the fiscal year ending June 30,2013,is adopted.
o this 8th day of April,2013.
0v3 .N
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3 woody White,
�AA I
Sheila L.Schult,Clerk to the Board
Zoning Bolo I:-
Section
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 4
OF NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED
it 7,1971 and subsequently amended
CASE:Z-924,03/13
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area 4 is hereby amended by removing the hereinafter
described tracts from the CD(B-2) Conditional Use District, Highway Business and R-15 Residential
District and placing it in an 0&1 Office and Institutional Zoning District, said land being described as
follows:
Beginning at the Southwestern corner of Tract 1 of a resubdivision of Albert Swann
and James H. Hobbs tracts, as shown on a map of said resubdivisioon recorded in
Map Book 29, at Page 4, of the New Hanover County Registry, said point being an
existing iron pipe,and running thence North 00 degrees 05 minutes 00 seconds East
330.05 feet to a computed point, thence South 74 degrees 54 minutes 00 seconds
East 310.54 feet to an existing iron rod; thence South 00 degrees 05 minutes 00
seconds West 240.47 feet to a computed point; thence South 88 degrees 20
minutes 30 seconds West 300.07 feet to the POINT OF BEGINNING, zoned 0&1
(Office) containing 1.96 acres, more or less, as shown on a survey by Port City
Geomatics, Ltd. dated December e, 2012, recorded in the New Hanover County
Registry in Map Book 57,at Page 308.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area 4 on file in the office oft e County Commissioners,
so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of
such conflict,is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina shall be in full force and
effect from and after its adoption.
Section 5. The County Commissioners find, in accordance with the provisions of NC GS 153A-341
that the zoning map amendment of approximately 1.96 acres from CD(B-2) and R-15 districts to 0&1
Office and Institutional District is:
Consistent with the purposes and intent of the 0&1 District outlined in section 52.3
of the New Hanover County Ordinance and the intent of the Transition classification
of the 2006 CAMA Land Use Plan.
Z-924,03113 Page 1
Reasonable and in t public interest to rezone 1.96 acres of CD(B-2) Conditional
Use District, Highway Business and R-15 Residential property to 0&1 ice and
Institutional property.
Adopted the 8 1h day of April,2013.
Woody White,Ch, man
Attest:
Sheila L.Schult,Clerk to the Board
Z-924,03113 Page 2