2008-09-22 RM ExhibitsBook 3 ~ ESP ge 20
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description. Alexis Court in the Crosswinds Subdivision in New Hanover County
(Division File No. 1113-N)
i~'HEREAS, 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 road(s)
should be added to the SecondaryRoad 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.
NOU; THEREFORE, be it resolved by the Board o f Commissioners of the County ofNewHanover that
the Division of Highways is hereby requested to review the above described road(s), and to take overthe 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 22"d day of September , 2008
WITNESS my hand and official seal this the `aa h day of
, 2008.
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Sheila L. Schutt, Clerk to the Board
New Hanover County Board of Commissioners
Form SR-2 -~...=.r-
Please Note. Forward directly to the Distnct Engmeer, Division of Highways.
resolute.doc
Book' 3 ! Page.. o ~,?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
To Amend Section 6.7 -Personnel of the Interlocal Agreement
between the City of Wilmington, New Hanover County, New Hanover County Water and
Sewer District and the Cape Fear Public Utility Authority
WHEREAS, the Cape Fear Public Utility Authority ("Authority") was organized under the
North Carolina Water and Sewer Authorities Act, N.C. Gen. Stat. § 162A, for the purpose of
providing water and sewer services to the residents of New Hanover County and the surrounding
region; and
WHEREAS, New Hanover County is one of the organizing political subdivisions of the
Authority; and
WHEREAS, the Authority has proposed to amend the Interlocal Agreement by removing
Section 6.7(G), Post-retirement Health Care, in its entirety and replacing it with the following
("Amendment"):
(G) Post-retirement Health Care. City employees who have completed five
(5) years of continuous service with the City (combined with the
Authority), who are currently vested in the NCLGRS retirement plan and
who are identified in Exhibit M and employed by the Authority, shall
receive post-retirement health care benefits if they retire from Authority
employment into the North Carolina Retirement System from a trust
established to fund these benefits based on the actuarial calculation of
these benefits as defined and shown in the Actuarial valuation of the City
of Wilmington-Other Post Employment Benefits Study to be completed by
the Closing Date.
County employees identified in Exhibit M who are employed by the
Authority shall receive post-retirement health care benefits if they retire
from Authority employment into the North Carolina Retirement System
from a trust established to fund these benefits based on a County actuarial
calculation, as follows:
(1) An Employee with at least five years but less than fifteen years of
service will be allowed to continue insurance coverage and the
Employee shall pay 100% of the total cost for individual coverage;
(2) An Employee with at least fifteen years but less than twenty years
of service will be allowed to continue insurance coverage and the
Employee shall pay 75% of the total cost for individual coverage;
(3) An Employee with at least twenty years but less than twenty-five
years of service will be allowed to continue insurance coverage
and the Employee shall pay 50% of the total cost for individual
coverage;
(4) An Employee with at least twenty-five years but less than thirty
years of service will be allowed to continue insurance coverage
and the Employee shall pay 25% of the total cost for individual
coverage;
(5) An Employee with at least thirty years of service will pay the
prevailing payroll rate for individual insurance coverage.
WHEREAS, New Hanover County desires to approve the Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that New Hanover County hereby
expressly approves the Amendment and authorizes the Chairman of the New Hanover County
Board of Commissioners to execute said Amendment; and
BE IT FURTHER RESOLVED, that the Chairman of the New Hanover County Board of
Commissioners' execution of the Amendment and any ancillary documents related thereto
constitutes conclusive evidence of New Hanover County's approval of the above Amendment.
ADOPTED this the 22°d day of September, 2008.
NE OVE COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-022
Book _.~~p ~~ 2=
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,
North Carolina, that the following Budget Amendment 09-022 be made to the annual budget
ordinance for the fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Revolving Loans
Department: Finance
Ex enditure: Decrease Increase
Ta Fee Assistance $65 806
Contract Services 43,870
Total $109,676
Revenue: Decrease Increase
Revolvin Loan Re a ments $109,676
Total $109 676
Section 2: Explanation
This budget amendment is to establish the beginning budget for a new Special Revenue Fund
established to account for Revolving Loans handled through the Planning Department.
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 09-022, amending the annual
budget ordinance for the fiscal year endi~.g June 30, 2009, is adopted.
Adonted_ this ~~~~~ day ~f ti~ vl.., 2008.
F~~
Robert G. Greer, Chairman
Book ~ Bxhtbit
-~...._Page 2 0 . ~
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-030
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-030 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Healthy Carolinians
Ex enditure: Decrease Increase
Health/Health Carolinians:
Su lies $2 000
Total $2,000
Revenue: Decrease Increase
Health/Health Carolinians:
Grant for Men's Preventive Health Services $2,000
Total $2 000
Section 2: Explanation
The Kate B. Reynolds Foundation provided grant funding to the local Healthy Carolinians Task
Force to assure access to care for the uninsured in this area. UNC-W is the fiduciary of the
Healthy Carolinian funds. The Access To Care subcommittee designated $2,000 to support Men's
Preventive Health Services provided by the New Hanover County Health Department.
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 09-030, amending the annual
budget ordinance for the fiscal year en ' g June 30, 2009, is adopted.
Adopted, this ~`~~ day of , 2008.
~}.1TY • M_
Robert G. Greer, Chairman
Book ~ Exhibit
~.._ Page ~D . S
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-029
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina.. that the following Budget Amendment 09-029 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Health Promotions
Ex enditure: Decrease Increase
Health/Health Promotions:
Su lies $1,000
Total $1,000
Revenue: Decrease Increase
Health/Health Promotions:
Grant for Halloween Safe Pro ram $1,000
Total $1 000
Section 2: Explanation
New Hanover County Health Department has been awarded grant funding from the Safe Kids
USA program for a Halloween Safety program. The goal of the Safe Kids Walk This Way
program is to reduce pedestrian-related injuries to children.
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 09-029, amending the annual
budget ordinance for the fiscal year end' June 30, 2009, is adopted.
n~t.c~ - \ ~ 2008.
~~
Robert G. Greer, Chairman
Exhibit
Book 3~Page_..~ ,b
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-031
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-031 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Juvenile Day Treatment Center
Ex enditure: Decrease Increase
JDTC/Governor's Crime Commission:
Contracted Services 16 600
Su lies 8,000
Total $24 600
Revenue: Decrease Increase
JDTC/Governor's Crime Commission:
Governor's Crime Commission Grant $206,250
General Fund:
A ro riated Fund Balance $181,650
Total $181 650 $206 250
Section 2: Explanation
To budget the Juvenile Day Treatment Center grant award in the amount of $206,250 from the Governor's
Crime Commission for its vocational development program. Expenditures in the amount of $181,650 were
already budgeted. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated
Fund balance is $7,489,796.
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 09-031, amending the annual
budget ordinance for the fiscal year end' June 30, 2009, is adopted.
OvNTY • N dopted, this ~.~.hC~ day of ~~Q • 2`~~ 21~ 2008.
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\.~,,_ ,,~~`~~ Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
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 Soard EXII~b~
Book 3 ~ Page = ~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ACCEPTING THE DONATION OF A 40-TON AIR COOLED CHILLER
WHEREAS, GS 160A-274 permits any governmental unit, upon such terms and conditions as it deems wise,
with or without consideration, to exchange with, lease to, lease from, sell to, or purchase from any other
governmental unit any interest in real or personal property; and
WHEREAS, action under this section shall be approved by the governing body of the governmental unit; and
WHEREAS, UNCW has a 40-ton air cooled chiller that is surplus to its operations and desires to donate the
same to the County; and
WHEREAS, the County wishes to accept the 40-ton air cooled chiller for future growth to supply heating and
cooling to the warehouses at the Simpson Complex; and
WHEREAS, the County Manager, Finance Director, and Property Management Director recommend
acceptance of the 40-ton air cooled chiller and approval of related budget amendment.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the
40-ton air cooled chiller with a market value of $10,000 be accepted as a donation from UNCW and the budget
amendment be adopted; and that County staff is directed to process any required documents to finalize the
transaction.
ADOPTED this 22°d day of September, 2008.
NEW VER COUN Y
E~
Robert G. Greer, Chairman
ATTEST:
a, ~-
Shei a L. Schult, Clerk to the Board
AGENDA: September 22, 2008 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS gook 3 ~ Pa ~O. 76
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET ge
BY BUDGET AMENDMENT 09-027
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-027 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section t: Details of Budget Amendment:
Fund: General Fund
Department: Property Management
Ex enditure: Decrease Increase
Pro e Mana ement:
Ca ital Outla - E ui ment $10,000
Total $10 000
Revenue: Decrease Increase
Pro er Mana ement:
Miscellaneous Revenue -Contribution $10,000
Total $10 000
Section 2: Explanation
To accept UNCW's donation of a 40-ton air cooled chiller with a fair market value of $10,000. The budget
amendment is for accounting purposes only to record the donation received from UNCW of a chiller for
future expansion of the Winfred Simpson complex.
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 09-027, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
r~ ~
Adopted, this c~.a day of ~t ~Z~, 2008.
c
Robert G. Greer, Chairman
Book 3 ~ Exhibit
____._. Page ~ g0.-
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-019
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-019 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Finance/Non-Departmental, Tax, Engineering, Emergency Management,
Sheriff, Cooperative Extension, DSS/Adoption Assistance, Library, Museum/Nlaster Plan,
Parks, Airlie, Property Management, and Vehicle Management
Ex enditure: Decrease Increase
Finance/Non-De artmental:
Contract Services -Wellness $40 000
Contribution -Wave Transit 155,770
Contract Services -Professional 32,490
Tax:
Contract Services 88 400
En ineerin
Ca ital Outla -Other 400,000
Emer enc Mana ement:
Ca ital Outla - E ui ment 6 065
Ca ital Outla -Other 30 300
Sheriff/Detectives:
Contract Services 3,000
Coo erative Extension:
Tem ora Salaries 9,000
Ca ita] Outla -Other 118,950
DSS/Ado tion Assistance:
S ecial Child Ado tion 144,611
Libra
Ca ital Outla -Other 206,7] l
Museum/Master Plan:
Contract Services 40,189
Parks:
Ca ital Outla -Other 65,250
Airlie:
Ca ital Outla -Other 387,500
Pro e Mana ement:
Contract Services 258,101
Ca ital Outla -Other 351 600
Vehicle Mana ement:
Ca ital Outla - E ui ment 70 000
Total $2 407 937
Fund: General Fund
Department: Governing Body -County Commissioners
Revenue: Decrease Increase
Governin Bod -Count Commissioners:
A ro riated Fund Balance $2 407 937
Total $2 407 937
B/A 09-019, Sentember 22, 2008 Paee 2
Section 1: Details of Budget Amendment
Fund: Fire Services/Fire Departments and Water & Sewer/Storm Water Drainage
Department: Fire Services and Water & Sewer
- Fire
ater
Revenue: Decrease Increase
Fire Services/Fire De artments:
A ro riated Fund Balance $548,97]
Water & Sewer/Storm Water Draina e:
A ro riated Fund Balance $216 628
Section 2: Explanation
To rollover expenditures from FY07-08 to FY08-09. These items were budgeted in FY07-08, but
completion of transactions or project did not occur prior to June 30, 2008.
Additional Information:
The following is additional information regarding FY08-09 carryovers:
• Finance/Non-Departmental:
1. Transfer funds that were not used for the Wellness Program in FY07-08 into
FY08-09 for the Wellness Pro ram.
$40,000
2. Funds for contracted services fora 'oint Pender Coun ro'ect. $32,490
3. Funds for Wave Transit rimaril for buildin $155,770
• Tax: Consultant Services to assist with automation in the Tax De artment. $88,400
• Engineering: Funds for projects that were delayed in FY07-08. Projects were
budgeted in Property Management in FY07-08.
(Note: Budgeted in Engineering in FY08-09 since Project Management was moved
to Engineering in FY08-09.)
$400,000
• Emergency Management:
1. Ex ense re uired to com lete enerator installation at Noble Middle School.
$6,065
2. Funds re uired for fire su ression s stem in control room. $30 300
• Sheriff's Office: Funds for an rode endent evaluation of Gan Task Force Pro ram. $3,000
• Cooperative Extension:
1. Tem ora Sala fora osition that s ans 2 fiscal ears.
$9,000
2. Funds to com lete the ent wa arkin lot ro'ect. $118,950
• Department of Social Services: Special Children Adoption Fund incentive monies.
Incentive money to agencies for exceeding their baseline in placing special needs
children in ado tive homes. Funds not full ex ended in FY07-08.
$144,611
• Libra : Unex ended funds for Libra arkin lot at Northeast Branch Libra $206,711
• Museum: Funds 1'or Museum Master Plan. $40,189
• Parks: Funds to complete work on Government Center = $50,000 and Dog Park =
$15 250.
$65,250
• Airlie:
1. Funds for ADA athwa s.
$381,000
2. Airlie securi s stem. $6 500
• Pro er Mana ement: Funds carried over for essential ro'ec[s $609,701
• Vehicle Mana ement: Funds carried over for software for fleet mana ement. $70,000
• Fire Service District: Funds for H drant Project. $548,971
• Storm Water Draina a Fund: Funds for small drama e ro'ects. $216,628
TOTAL $3 173 536
B/A 09-O19, September 22, 2008 Paee 3
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
BE IT RESOLVED by the Board of County Commissioners of New
that the Ordinance for Budget Amendment 09-019, amending the annual
ar endin June 30, 2009, is adopted.
v. r l
~ , 2008.
Robert G. Greer, Chairman
NOW, THEREFORE,
Hanover County, North Carolina,
budget ordinance for the fiscal ye
Exhibit
Book _3 I Page so. g b
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-020
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-020 be made to the annual budget ordinance for the
t3scal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS /Child Day Care
Ex enditure: Decrease Increase
DSS/Child Da Care:
Smart Start Child Da Care Services $26 415
Total $26 415
Revenue: Decrease Increase
DSS/Child Da Care:
O eratin Grants -Smart Start $26,415
Total $26 415
Section 2: Explanation
To reduce budget for actual allocation awarded to New Hanover County.
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 09-020, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
.~ 1 ,
r '`~_ p, 2008.
obert G. Greer, Chairman
Exhibit
Book ~_ Page ~ ~• S ~-
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-026
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-026 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Non-Departmental/Outside Agencies
Ex enditure: Decrease Increase
Non-De artmental:
Contin enc $2 000
Outside A encies:
Contribution to NC Beach, Inlet & Waterwa Assoc. $2,000
Total $2 000 $Z 000
Section 2: Explanation
The North Carolina Beach, Inlet & Waterway Association has requested that New Hanover County support
their annual conference in the amount of $2,000. This budget amendment will transfer $2,000 from
Contingency for New Hanover County's contribution to the North Carolina Beach, Inlet & Waterway
Association. Prior to actions taken at this Board of County Commissioners meeting, the current balance in
Contingency is $542,289.
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 09-026, amending the annual
budget ordinance for the fiscal year endi June 30, 2009, is adopted.
Adopted, this ~~~~~ da of ~~~m~ , 2008.
NTY'n, y ti
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Ro ert G. Greer, Chairman
to
Exhibit
Book __~ 1___ Page a~ . S o~
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-032
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-032 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management/Tropical Storm Hanna
Ex enditure: Decrease Increase
Emer enc Mana ement/Tro ical Storm Hanna:
Storm Ex enses $250 000
Total $250,000
Revenue: Decrease Increase
General Fund:
A ro riated Fund Balance $250,000
Total $250 000
Section 2: Explanation
To budget funds for expenses related to Tropical Storm Hanna. At this time, this is an estimate. When
figures for the storm costs are calculated, we will bring another budget amendment to you for approval
increasing or decreasing this amount. If another funding source is found for the storm costs, we will also
adjust the budget. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated
Fund balance is $7,489,796.
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 04-032, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
' ~e ~~`r~by~,. , 2008.
s
~~
Robert G. Greer, Chairman
Book 3 ~ Exhibit
Page ~o.~e.
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-028
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-028 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Sheriff -JAG (Justice Assistance Grant)
Department: LLEBG -Sheriff Administration
Ex enditure: Decrease Increase
Su lies - Com uter and Other $19 705
Total $19 705
Revenue: Decrease Increase
Sheriff JAG 2008 Grant $19 705
Total $19 705
Section 2: Explanation
To budget 2008 Justice Assistance Grant (JAG) award. The Board of County Commissioners granted
approval to apply for the grant at its July 7, 2008, meeting. This is a joint grant with the City of
Wilmington. The County's portion of the grant will be used to purchase laptop computers and related
operating accessories for use in patrol vehicles.
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 09-028, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
-, _ ..1 ~~
~ ~ , 2008.
0
~~
Robert G. Greer, Chairman
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-08
Exhibit
Book 3_l___ Page ~ 0. g~
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-08 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriff s Office
Ex enditure: Decrease Increase
Controlled Substance Tax:
Su lies $6 835
Total $6 835
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $6,835
Total $6 835
Section 2: Explanation
To budget 8/20/08 receipt. 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 2009-08, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
.._. _~
~ , 2008.
Robert G. Greer, Chairman
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-09
Book ~ Exhibig
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-09 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriff s Office
Ex enditure: Decrease Increase
Federal Forfeited Pro e
Su lies $307,270
Total $307 270
Revenue: Decrease Increase
Federal Forfeited Pro er
Federal Forfeited Pro er $307,184
Interest on Investments 86
Total $307 270
Section 2: Explanation
To budget receipts of 8/19 and 9/3/08 and interest earned for the 4`h quarter of FY07-08. 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 2009-09, amending the
annual budget ordinance for the fiscal y~ ar ending June 30, 2009, is adopted.
~~ , 2008.
a
Robert G. Greer, Chairman
~~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhibit
RESOLUTION Book .~.1_ Page
IN SUPPORT OF POSTING HIGHWAY SIGNS TO ACKNOWLEDGE THE HISTORIC
CONTRIBUTIONS OF THE THALIAN ASSOCIATION
TO NEW HANOVER COUNTY
WHEREAS, the Thalian Association was organized in the year 1788 in the town of Wilmington,
New Hanover County, North Carolina; and
WHEREAS, the Thalian Association is the oldest community theater in the State of North
Carolina; and
WHEREAS, the Thalian Association was organized for the purpose of providing a foundation
for the artistic, cultural, and social development of the Lower Cape Fear community; and
WHEREAS, the Thalian Association participated in the endowment of the Innes Academy, the
first public school in New Hanover County, and supported that endowment by organizing a
community theater company, the proceeds from which supported the public school and the poor
of New Hanover County; and
WHEREAS, the Thalian Association was first chartered by the State of North Carolina in 1814
to provide "learning and the promotion of literature" to the people of New Hanover County; and
WHEREAS, the Thalian Association community theater became an enduring tradition in the
Lower Cape Fear region that has lasted from 1788 to the present day and from its beginning has
attracted the support and participation of the most public-spirited of New Hanover County
citizens; and
WHEREAS, the Thalian Association contributed in 1851 to the building of the Washington
Monument, and its public-spirited generosity is displayed to this day in a memorial stone on
Landing 23 that reads "Wilmington, N.C., Thalian Association"; and
WHEREAS, the Thalian Association, championing the need for a large and beautiful public
theater, formed a partnership in 1854 with the Town of Wilmington to build a combination
theater and City Hall; and
WHEREAS, the Thalian Association in 1860 gave its ownership interest in Thalian Hall to the
Town of Wilmington; and
WHEREAS, the Thalian Association in the Civil War years 1861 to 1865 committed itself to
fund-raising performances in Thalian Hall to help alleviate sufferings from yellow fever and
smallpox epidemics; and
WHEREAS, the Thalian Association in the Reconstruction years 1865 to 1871 struggled against
political partisanship and provided a bridge over the chasm of bitterness; and
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WHEREAS, the Thalian Association in the post-Civil War era supported popular education in a
non-partisan manner despite opposition and continued the tradition of theater, despite economic
decline and poverty; and
WHEREAS, the Thalian Association in the post-Civil War era opened Thalian membership to
females and encouraged on-stage participation in theater for the first time to female members;
and
WHEREAS, the Thalian Association maintained through the years of poverty the spirit of
culture and provided a focal point for the revival of the performing arts in the early 20~' century;
and
WHEREAS, the Thalian Association rescued Thalian Hall from neglect and possible destruction
and restored it to its original beauty; and
WHEREAS, the Thalian Association founded the first Children's Theater in New Hanover
County; and
WHEREAS, the Thalian Association stages each year five productions of drama and musical
theater in Thalian Hall, six productions of children's theater in the Hannah Block Historic USO
and Community Arts Center, a street fair showcasing locally produced visual art, and a music
festival showcasing North Carolina bluegrass; and
WHEREAS, the State of North Carolina, on May 29, 2007, passed "An Act to Adopt the
Thalian Association at Wilmington, North Carolina, as the Official Community Theater of North
Carolina."
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that highway signs be posted that acknowledge New Hanover County to be the
HOME OF THE THALIAN ASSOCIATION, FOUNDED 1788.
OFFICIAL COMMUNITY THEATER OF NORTH CAROLINA.
ADOPTED this the 22"d day of September, 2008.
NEW HANOVER COUNTY
~~
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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RESOLUTION Exhibit
TO PETITION THE NORTH CAROLINA Book ~,_ Page ao • ~ o
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TO ESTABLISH A NO DISCHARGE ZONE IN THE ESTUARINE WATERS WITHIN
THE TOWN OF WRIGHTSVILLE BEACH'S JURISDICTION
WHEREAS, the Town of Wrightsville Beach is a barrier island beach community within New Hanover
County with public access to the ICWW, marsh areas and estuarine waters surrounding Wrightsville
Beach; and
WHEREAS, the Town of Wrightsville Beach depends on the recreational use of the surrounding surface
waters to attract tourists and derive economic benefit; and
WHEREAS, New Hanover County shares these waters and derives similar benefits for the larger
population of the County; and
WHEREAS, Section 312 of the Clean Water Act allows responsible State agencies to petition the United
States Environmental Protection Agency to petition for the designation of No Discharge Zones as an
additional tool to address water quality issues associated with sewage contamination; and
WHEREAS, the Town of Wrightsville Beach CAMA Land Use Plan supports development of joint
programs with County officials to reduce sources of fecal coliform to its estuarine and ocean waters with
the goal of opening up all of Wrightsville Beach's waters to shellfishing.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
does hereby petition the North Carolina Department of Environment and Natural Resources to request
establishment of a No Discharge Zone in the estuarine waters within the Town's jurisdiction.
ADOPTED this the 22°d day of September, 2008.
NEW HANOVER COUNTY
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' Y `~~' C ' r ~~" ~ Robert G. Greer, Chairman
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ATTEST:
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~~`~~,.,-,. ~. ' ~ Sheila L. Schutt, Clerk to the Board
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Exhibit
Book 3l Page ~0. 1 ~
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA
DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT
COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF
HOSPITAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $40,000,000 AND
CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina
(the "County") has determined that it is advisable to issue hospital revenue bonds to finance the costs
associated with the acquisition, construction and equipping of additional improvements to New Hanover
Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities,
(ii) additional construction to the women's and children's pavilion and related facilities and (iii) the
acquisition and installation of information system and other operating equipment (collectively, the "2008
Project"); and
WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County
Attorney of the County to apply to the Local Government Commission of North Carolina for its approval
of the issuance of variable rate hospital revenue bonds in an amount not to exceed $40,000,000 (the
"Bonds"), the proceeds of which will be used to (a) finance the costs of the 2008 Project and (b) pay the
costs incurred in connection with the issuance of the Bonds, and to take all other action necessary in
connection therewith; and
WHEREAS, the Board considered and recognized that variable interest rate debt instruments subject the
County to the risk of higher interest rates in the future, that the rates may be higher than the fixed rates
that are currently available to the County, and that in addition to the variable interest cost, the County
must pay the fees of RBC Bank (USA), as letter of credit bank, and RBC Capital Markets Corporation
and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as remarketing agents, which fees may increase
the variable interest cost by approximately .55%; and
WHEREAS, the Board understands that New Hanover Regional Medical Center, which is obligated to
pay the County the amounts necessary to make, among other things, debt service payments on the Bonds,
may enter into interest rate swap agreements to hedge the interest cost associated with the variable rate
hospital revenue bonds noted above; and
WHEREAS, the Board desires to retain RBC Capital Markets Corporation and Merrill Lynch, Pierce,
Fenner & Smith Incorporated, as co-senior managing underwriters and as remarketing agents, Dewey &
LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as
counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as
underwriters' counsel, RBC Bank (USA), as letter of credit bank, Financial Security Assurance Inc., as
bond insurer for the Bonds, and First-Citizens Bank & Trust Company, as trustee.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County as follows:
That the County Manager, the Finance Director and the County Attorney of the County are hereby
authorized, directed and designated to file an application with the Local Government Commission for its
approval of the issuance by the County of the Bonds.
Page i of 2 dm
That the Board finds, determines, and asks that the Local Government Commission find and determine
from the County's application and supporting documentation:
That the issuance of the Bonds is necessary and expedient;
That amount of the Bonds will be sufficient but is not excessive for the financing of capital costs related
to the 2008 Project;
That the financing of capital costs related to the 2008 Project and the issuance of the Bonds are feasible;
That the County's debt management procedures and policies are good; and
That the Bonds can be marketed at a reasonable interest cost to the County.
That the Chairman and Vice-Chairman of the Board, the County Manager, the County Attorney, the
Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to
effectuate the issuance of the Bonds.
That RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-
senior managing underwriters and as remarketing agents, Dewey & LeBoeuf LLP, as bond counsel,
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional
Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters' counsel, RBC Bank (USA),
as letter of credit bank, and First-Citizens Bank & Trust Company, as trustee, shall be retained.
That the Local Government Commission is hereby requested to sell the Bonds with a variable interest rate
at private sale without advertisement to any purchaser or purchasers thereof, at such prices as which the
Local Government Commission and the Board determine to be in the County's best interest in accordance
with the provisions of Section 159-123(b) of the General Statutes of North Carolina, as amended.
That an Official Statement related to the Bonds is hereby authorized to be distributed in connection with
the offering of the Bonds.
That this Resolution shall become effective on the date of its adoption.
ADOPTED this the 22"d day of September, 2008.
NEW HANOVER COUNTY
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Robert G. Greer, Chairman
ST:
Sheila L. Schutt, Clerk to the Boar
Page 2 of 2 dm
AN ORDINANCE OF THE Exh~b~
BOARD OF COUNTY COMMISSIONERS Book3_!___page a..0 ! ~-
OF
NEW HANOVER COUNTY
The Board of Commissioners of New Hanover County, North Carolina, hereby ordains that
Chapter 5, Animals, Article I, In General, of the New Hanover County Code be and is amended
as follows:
Add to Section 5-4. Definitions:
Kennel means an individual, household, or entity that owns, keeps, or produces four
or more litters per calendar year.
Add a Section 5-28. Permits for Kennels:
(a) No person may maintain a kennel within the County of New Hanover except in
accordance with a permit issued pursuant to this section.
(b) Animal control shall issue the permit required by this section. The permit
application forms shall be promulgated by animal control pursuant to this section.
Before issuing the permit, animal control shall require proof that each of the following
conditions has been met by the kennel operator:
(1) Each dog kept or maintained in the kennel must be vaccinated for rabies and must
be licensed as required by Sec. 5-5;
(2) Permits shall include the name, address, and telephone number of the
owner/operators of the kennel, the address and physical location of the kennel, and the
number of dogs over the age of six months being kept at the kennel as of January of
the year for which the permit is issued.
(3) If the dogs are to be kept or maintained in any kennel or enclosure other than the
principal structure on the premises, whether on a temporary or permanent basis, said
kennel or enclosure must satisfy the size and location criteria of Sec. 5-4;
(4) The applicant or any other person associated with the operation of the kennel must
not have been convicted or found liable for cruel or inhumane treatment of animals
within the five (5) years next preceding the date of the permit application;
(5) There must be no violations of any health or sanitation codes or ordinance arising
from or in connection with the handling or disposal of animal wastes involving the
premises or any person associated with the operation of the kennel for the five (5)
years next preceding the date of the permit application;
(6) If the applicant is not the owner of the premises proposed for the kennel operation,
there must be written permission from the owner of the premises to engage in the
operation of the kennel;
(7) There must be no reported incidents of injurious or threatening behavior by dogs
on the premises for the twelve (12) months next preceding the date of the license or
permit application. Any such reported incidents must be independently verified and
confirmed in the records of the New Hanover Sheriff's Office, Wilmington Police
Department, Animal Control Services Division of New Hanover County or any other
law-enforcement agency.
(8) No more than one kennel permit may be issued for any premises within the
county. For purposes of determining the number of dogs, all dogs on a single premise
shall be included in the total.
(c) When a permit is denied for any reason, animal control shall state the reason for
the denial in writing and shall deliver the determination to the applicant personally or
by registered or certified mail, return receipt requested.
(d) Any kennel issued a permit pursuant to this section shall be maintained in a clean
and sanitary condition at all times: The portion of the premises occupied by the kennel
shall be cleaned of dog feces and. other animal waste at least once a day and said feces
and animal waste shall be properly disposed of. Failure to maintain a kennel in
accordance with this provision shall also result in the kennel and dogs being declared a
public nuisance pursuant to Sec. 5-4 and shall subject the kennel operator to the
abatement procedures and penalties set forth in this Chapter.
(e) The requirements of this section apply to all kennels in operation within the
county on the effective date of this section, as well as any established or brought
within the county thereafter. However, operators of kennels that are within the county
on the effective date of this section shall not be deemed in violation until after they
have been notified in writing of the requirements of this section and have failed to
apply for the required permit within thirty (30) days. In any event, no kennel operator
shall be deemed in violation of this section for a period of one hundred eighty (180)
days following its effective date.
(f) A permit issued in accordance with this section may be revoked by animal control
for any of the reasons enumerated under subsection (b), above. Animal control shall
state the reason for the revocation in writing and shall deliver the determination of
revocation to the permittee personally or by registered or certified mail, return receipt
requested.
(g) Any person who is denied a permit or whose permit is revoked pursuant to this
section shall have thirty (30) days to comply with the requirements of this section or to
reduce the number of dogs on the premises to not more than four (4).
(h) Any person who is denied a permit or who has a permit revoked may appeal the
denial or revocation to the county manager or his designee by giving written notice of
appeal to the county manager within thirty (30) days or after the receipt of the written
determination. The county manager or his designee shall conduct a de novo hearing to
determine if the permit should be denied or revoked. Any enforcement action shall be
stayed pending determination of an appeal pursuant to this subsection.
Add a Section 5-29. Permit, Inspection and Enforcement:
(a) Complete applications shall be reviewed and approved or denied within thirty (30)
days of the date of submittal. Annual permits are valid from the time they are issued
until the first day of the month of January of the next year after their issuance. The
annual permit fee will be set by the county board of health. Applicants that hold a
license issued pursuant to the North Carolina Animal Welfare Act, shall have the fee
for such license credited towards the licensing fee imposed by this ordinance. The
animal control director shall mail out a permit renewal notice to each kennel one
month before their kennel permit expires.
(b) Kennel permits shall be issued by animal control.
(c) The application must be complete in order for animal control to accept and
review the application. Prior to administrative approval, animal control may conduct a
criminal background check of the applicant and property owner.
{d) Within thirty (30) days of submission of the application for a license or permit,
animal control may conduct an inspection of the kennel.
(e) Animal control shall inspect kennels on an annual basis. The inspection must
be during business hours. Notice is not required before an inspection. The inspection
report must list separately each standard set forth in Sec. 5-28 and must require animal
control to document whether the facilities comply with each standard.
(f) Upon failure by a kennel operator to grant access to animal control to perform the
annual inspection or discovery of a violation of any provision of this ordinance, animal
control may revoke the permit or require cure of set violations within thirty (30) days.
However, upon a finding of gross abuse or gross neglect, animal control shall
immediately impound all animals found on the premises.
(g) The animal control director or their authorized representative or any law
enforcement officer who discovers that a person responsible for a kennel does not have
valid proof of a current kennel permit shall issue that person a citation for failure to
purchase a permit and cause the person to purchase such kennel permit within 72
hours. Individuals who fail to purchase the permit within 72 hours shall be issued
another citation for failure to purchase the required permit. It is the kennel owner or
operator's responsibility to submit to animal control proof of purchase.
(h) All complaints concerning a kennel within the county shall be investigated and
addressed by animal control. Notwithstanding subsection (f), if any person shall deny
animal control admittance to his property, upon probable cause, animal control shall
be entitled to secure from any judicial official with jurisdiction to issue warrants a
court order granting such admittance.
(i) Any person who violates any provision of this ordinance shall be deemed guilty of
a misdemeanor and shall be punishable according to N.C.G.S. § 14-4. Each day that a
violation continues shall constitute a separate offense. The county may also initiate
any applicable civil action, such as the seizure of animals and/or revocation of a
kennel permit.
(j) The animal control director or their authorized representative may issue a citation
for any violation of this Article, which subjects the offender to a civil penalty in an
amount approved by the Board of Health. This penalty may be recovered by the
County in the nature of a debt if the offender does not pay the penalty within 20 days
of being cited. Each day of a continuing violation constitutes a separate offense under
the Article. These citations may be imposed in addition to any and all other available
civil and criminal remedies and actions.
Except as specifically amended above, Chapter 5, Animals, of the New Hanover County Code
shall remain unaltered, in full force and effect.
This the 22nd day of September, 2008.
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NEW OVER CO TY
Robert G. Greer, Chairman
ATTEST:
Sheila Schult, Clerk to the Board
Book 3 ~EXhpage 30. l 3
AGENDA: September 22, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-013
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-013 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Epidemiology
Ex enditure: Decrease Increase
E idemiolo
Tem ora Salaries $IS 000
Su lies $15,000
Total $30 000
Section 2: Explanation
Approval is requested to amend the New Hanover County Health Department budget to reflect an increase
in fees associated with Hepatitis vaccines. The increase in revenue would support the associated cost of the
vaccines and provision of services in our Clinic.
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 09-013, amending the annual
budget ordinance for the fiscal year en ' g June 30, 22009, is adopted.
Adopted, this ~a."~ day of 1~ 2008.
Robert G. Greer, Chairman
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 Exhibit
Book ~_ Page >~~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF BID FOR NEW HANOVER COUNTY JUDICIAL BUILDING
STORMWATER PUMP STATION INSTALLATION
WHEREAS, after due advertisement, bids were received and publicly opened by BMS Architects, PC for the
installation of the Stormwater Pump Station at the New Hanover County Judicial Building, and the following
bids were received; and
East Coast Contracting $320,830
Paragon Building Corp. $367,000
T. A. Loving Co. $385,000
Paul Howard Const. Co. $447,223
WHEREAS, the architects recommended to staff that East Coast Contracting, the lowest responsive,
responsible bidder be awarded the contract; and
WHEREAS, the Engineering Director, the Finance Director, and the County Manager recommend to the
Commissioners that the contract be awarded to East Coast Contracting in the amount of three hundred
twenty thousand, eight hundred thirty dollars ($320,830).
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that the
award for the installation of the Stormwater Pump Station at the New Hanover County Judicial Building be
awarded to East Coast Contracting in the amount of $320,830 and that the County Manager is hereby
authorized and directed to execute the contract, contract form to be approved by the County Attorney.
ADOPTED this the 22°d day of September, 2008.
NE NOV CO TY
Robert G. Greer, Chairman
A ,EST:
(~4,
Sheila L. Schult, Clerk to the Board