2004-05-03 RM Exhibits28.27.1
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the 1989 Solid Waste Management Act contained a sub-section
entitled the "North Carolina Scrap Tire Disposal Act" which prohibits the disposal of
whole tires into landfills;
AND WHEREAS, New Hanover County provides for the collection,
transportation, processing, and disposal or recycling of scrap tires generated in the
County;
AND WHEREAS, the Department of Environmental Management requested
proposals from scrap tire processing firms for the management of scrap tires;
AND WHEREAS, the following bid was received from Central Carolina Tire
Disposal:
Providing for the collection of tires at the landfill and major retailers including
rental of trailers in the cost per ton.
$83.00 per ton
AND WHEREAS, retail generators of tires who generate scrap tires of a volume
in excess of one thousand passenger tires or one hundred truck tires per month are
provided a transport trailer in which to place scrap tire retailer's place of business,
AND WHEREAS, the price for the rental of all transport trailers at the tire
retailers place of business and transport trailers located at the landfill for the receipt of
scrap tires is included in the lump sum price,
AND WHEREAS, the provision of transport trailers at strategic locations
throughout the County to receive scrap tires promotes public health by reducing the
potential for a tire fire and the reduction of mosquito breeding areas,
AND WHEREAS, the contractor, Central Carolina Tire Disposal, has provided
satisfactory scrap tire management services to New Hanover County since 1998,
AND WHEREAS, the Environmental Management Director and the County
Manager recommend that a contract be awarded to Central Carolina Tire Disposal in an
amount of $83.00 per ton;
AND WHEREAS, funds will be provided from the North Carolina Scrap Tire
Disposal Tax, a State Grant for expenses exceeding revenues from the Scrap Tire
Disposal Account, and funds previously appropriated and now or will be in subsequent
year's budget in Account No-. 700-480-4191-3771;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of New Hanover County that contact No. 04-0258 be awarded to Central
Carolina Tire Disposal for the collection, transportation, processing, and management of
scrap tires generated in New Hanover County; and that the County is hereby authorized
and directed to execute the contract, contract form to be approved by the County
Attorney.
This the 3rd day of May, 2004.
[SEAL]
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Robert G. Greer, Chairman
ATTEST:
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Clerk to the Board
28.27.2
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
AND WHEREAS, the County took title to a 93 acre property from the state for the sum of
$1.00 and as part of the sale, the County is required to develop the land into a public park;
AND WHEREAS, the first step to establishing a park for this property is to remove the
excess sand from the property;
AND WHEREAS, the most economical method of removal is to sell the sand to a buyer in
need of fill material put the proceeds of the sale in the project budget;
AND WHEREAS, North Carolina General Statue 160A-269 permits the County to sell
property by upset bid, after receipt of an offer for the property;
AND WHEREAS, the staff has received interest in the purchase of the sand from several
companies and the highest offer received is from B&K Coastal, LLC t/a Cape Fear Paving at a price
of fifty cents ($.50) per cubic yard;
AND WHEREAS, B&K Coastal, LLC t/a Cape Fear Pàving has paid the required five
percent (5%) deposit on his offer;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover
County that:
1. The County authorizes sale of the fill material through the upset bid procedure of North
Carolina General Statute 160A-269 and directs the Finance Office to conduct sale in accordance with
the General Statute requirements and specifically to act on behalf of the Clerk to the Board for all
Clerk duties as specified in the General Statutes regarding upset bid procedures.
2. The Finance Office shall cause a notice of the proposed sale to be published. The notice
shall describe the property and the amount of the offer, and shall state the terms under which the
. offer may be upset.
3. Persons wishing to upset the offer shall submit a sealed bid with their offer to the Finance
Office within ten (10) days after the notice of sale is published. At the conclusion of the ten (10)
day period, the Finance Office shall open the bids, if any, and the highest qualifying bid will become
the new offer. If there is more than one bid in the identical highest qualifying amount, the first such
bid received will become the new offer.
4. If a qualifying higher bid is received, the Finance Office shall cause a new notice of upset
bid to be published, and shall continue to do so until a ten (10) day period has passed without any
qualifying upset bid having been received. At that time, the amount of the final high bid shall be
reported to the Board of County Commissioners for final approval or rejection.
5. A qualifying higher bid is one that:
5.1 raises the existing offer by not less than ten percent (10%) of the first $1,000.00
of the existing offer and five percent (5%) of the remainder of the existing offer. .
5.2 is accompanied at the time of submission by a deposit in the amount of five
percent (5%) of the bid; the deposit may be made in cash, cashier's check, or certified check.
5.3 is made by correctly completing a "County Offer to Purchase" form; County
reserves the right to waive minor deviations.
5.4 submits the required deposit and the correctly completed "County Offer to
Purchase" form in a sealed envelope marked, "Sealed Bid", identified by the property, within the
specified ten (10) day period.
6. The County will return the deposit on any bid not accepted, and will return the deposit on
an offer subject to upset if a qualifying higher bid is received. The County will retain the deposit of
the final high bidder until the issuance of the mining permit, delivery of the performance and
payment bonds and delivery of the $100,000.00 cash deposit or letter of credit, at which time the bid
deposit will be returned to Buyer (final high bidder). Ifthe Board of County Commissioners fails
to approve final qualifying higher bid or the state will not issue the mining permit, the bid deposit
will be returned.
7. At the end of the upset bid process, the County Board of County Commissioners shall vote
to determine whether or not to grant final approval and acceptance ofthe final high qualifying offer.
8. The specific terms of the final sale are specified in Contract 04-0225 and Exhibit A of
Contract 04-0225.
9. The County reserves the right to withdraw the property from sale at any time before the
final approval and acceptance of the high qualifying bid is granted by the County Board of
Commissioners and reserves the right to reject at any time any or all bids.
Adopted this 3rd day of May, 2004.
(SEAL)
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Chairman, Board of County Commissioners
ATTEST:
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Clerk to the Board
28.27.3
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
Newbury Way in Newbury W oods/Whitney Pines Subdivision
(Div. File No: 1047-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 road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria
established by the Division of Highways of the Department of Transportation for the addition of roads to the
System.
NOW, THEREFORE, be it 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.
CERTIFICA TE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 3rd day of May. 2004
WITNESS
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my hand and official
,2004.
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New Hanover County Board of
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Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
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28.27.4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMA TION
FOSTER CARE MONTH
MAY 2004
WHEREAS, Foster parents come in all shapes and sizes, races and colors; some foster parents are
professionals and some are professional foster parents for our special needs children, and
WHEREAS, Some foster parents are motivated by religious pr~nciples, some by civic obligations, all
by love of children and none by money, and
WHEREAS, We turn more and more to the family foster homes of New Hanover Coµnty to nurture
the bodies and spirits of the children in our charge while our social workers guide the parents to
overcome their problems and deficiencies to provide safe, permanent homes for their children to
return, and
WHEREAS, The family foster homes are the backbone of the child welfare system allowing-children
to grow and develop in healthy environments while their families of origin resolve problems of
alcoholism, drug addiction and other plague, and
WHEREAS, While the number of children coming into care has decreased slightly, our need for these
dedicated persons who open their homes and hearts to other people's children is as great as ever, and
WHEREAS, Many of our foster parents open their homes to provide safe, permanent, loving homes
to children who can never go back to their family of origin and who need a forever home, and
WHEREAS, May is singled out as Foster Parent Appreciation Month to be the one month we
publicly recognize the tremendous contribution made by our foster parents to the child welfare system
and to the lives of the young somehow entangled in that system.
NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of Commissioners
in recognition of Foster Care Month, thank all the foster mothers and foster fathers for their
commitment of time and talents to these unfortunate ones.
ADOPTED the 3rd day of May, 2004
Robert G. Greer, Chairman
Attest
Sheila L. Schult, Clerk to the Board
28.27.5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMA TION
OSTEOPOROSIS PREVENTION MONTH
WHEREAS, Osteoporosis is a debilitating bone-thinning disease in which the skeleton becomes so fragile that
the slightest movement can cause a bone fracture. Osteoporosis is a public health threat for 44 million
Americans, 80% of whom are women. It takes a terrible human toll of death, pain, impaired mobility, and
disruption of daily activities and costs our country nearly $17 billion every year; and
WHEREAS, almost 1.27 million North Carolinians were estimated to have either Osteoporosis or Osteopenia
(low bone mass) in 2002 while the projected number is expected to increase by 25% by 2010, totaling 1.59
million North Carolinians. The medical costs associated with Osteoporosis for 2005 are estimated to be almost
$514 million for the State of North Carolina; and
WHEREAS, Osteoporosis stands as a foremost problem in women's health issues. The disease is more
prevalent among women, and has risk factors and interventions which are different for women. Because of
generally lower income and lack of health care reimbursement for necessary testing, women encounter
significant barriers to early diagnosis. Because women have a longer life expectancy, the likelihood of
developing fractures associated with Osteoporosis is greatly increased; and
WHEREAS, one out of every two women and one out of every four men over the age of 50 will suffer an
Osteoporosis-related fracture; and
WHEREAS, building peak bone mass during childhood and young adulthood is critical to reducing the chance
of developing Osteoporosis later in life and a healthy lifestyle, including a balanced diet rich in calcium and
vitamin D, weight-bearing exercises, no smoking and limited alcohol intake, and medication when appropriate,
can help prevent Osteoporosis. Methods do exist to detect the disease before fractures occur and people may
take preventive action to reduce their risk of Osteoporosis if they are informed;and
WHEREAS, the American public is called upon to observe National Osteoporosis Prevention Month in May
2004, with appropriate programs and activities;
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners
declares May 2004, as OSTEOPOROSIS PREVENTION MONTH in New Hanover County, and urges all
civic, scientific, medical, educational, voluntary, governmental and health care organizations and professionals
to recognize the importance of Osteoporosis awareness and prevention with education and information
programs and activities for the citizens of New Hanover County.
This the 3rd day of May, 2004.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
28.27.6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, Hospitals as healing institutions providing an essential service to citizens in
communities all across this country and state are essential to the general well-being of our
population; and
WHEREAS, New Hanover County is very fortunate to be the home of New Hanover Regional
Medical Center, an institution providing excellent medical services at the tertiary level of care;
and
WHEREAS, the medical staff and hard-working people who compose our hospital workforce
deserve universal regard and appreciation for keeping our community healthy; and
WHEREAS, the American Hospital Association has proclaimed May 9-15, 2004, as National
Hospital Week with the theme "Miracles Start With Caring Hearts," and;
WHEREAS, individuals all across the country will be celebrating this time-honored event;
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of
Commissioners declares the We.ek of May 9-15, 2004 as National Hospital Week in New
Hanover County, with the theme "Miracles Start with Caring Hcarts," and cncourages residents
to express their appreciation for the people, facilities and technologies that make the miracle of
health care possible in our community.
This the 3rd day of May, 2004.
Robert G. Greer, Chairman
Attest·
Sheila L. Schult, Clerk to the Board
28.27.7
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
A-333, 04/04
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County ofN ew Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as follows:
Revise Section 50.5 Table of Permitted Uses
Revised Table of
Permitted Uses
0&1
Veterinaries
S
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption
Adopted the 3rd day of May 2004.
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board