2001-06-04 RM Exhibits26.29.7
RESOLUTION
,', OF THE
NEW HANOVE'R COUNTY BOARD OF COMMISSIONERS
. WITH RESPECT TO THE FEES TO BE CHARGED BY ,
THE SHERIFF FOR SERVICE .OF PROCESS ORIGINATING OUTSIDE "
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GENERAL COURT OFJUSTICE OR OTHER NORTH CAROLINA COURTS OR AGENCIES,
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WHEREAS, North Carolina General Statute Section 153A-1 02 grants to the Soard of "
Commi$sioners the power to fix. the fees and commissions chargedby County officer$ and' ";',
employees for performing services or duties permitted or required by law; and '
WHEREAS; the Sh~riffand hís deputies are permitted, but not required, to serve
summons '~md complaints and other legal process issued by the Federal courts and courts of
the several ~ta,tes, other than North Carolina; and '. , . , " , ,"".,
, WHEREAS, the provisions 'of North ,Carolina General Statute Section 7 A-311 which set
uniform fees for :service of civil process only àpply to process issuedbÿ the courts of ~orth, ,
Carolina. " , , "
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, , NOW, THEREFORE, BE ITRESOLVE[) by the New Hanover County S'oard',óf
, , Commissioners thát ihany civil action or special proceeding arising in the Federalc:;ourts o'r:in,~
court ofone of tt)e several ,States ot~er than the State of North Carolina, the 'following fees shall
be ass~ssed, coll,~pted, and remittedto the County: " ' "
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Effediv~ July 1, 2001, fo~ each item of civil process, including summons and:
cor,nplaints, subpoenas, n'otices, motions, orders, and pleadings served, Fifty,
($50.00) Dollars. When two or more items of 'civil process are served' '
simultaneously onbne party, on!y one Fifty ($50.00) Dollar fee shall be charged.
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When an i~em of civil process is serv~d on two or more persons or orgé: nizations"" '
a separate service charge shall be made for each person or organization.,,·" ,
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, This .Resolution soall not apply to ~ny process' is~sued 'by the North Carolina, Gemerál, ..' ".,
. Court of Justice or aný other court, administrative body, or agency oUhe State of North' .
,Carolina or any of its political subdivisions. '
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'ThisJh'~ 1<,1AJ. ',dáYOf~' ''/ ..2001:"
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NEW HANOVER COUN"FV
1u fJa1Jt{ '\ ....
Ted Davis, J~., Charman
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26.29.8
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby
ordain that Chapter 44, Solid Waste, New Hanover County Code, is hereby amended, to
reflect the following addition to section 44-1, the creation of section 44-3A, an amendment
to Section 44-45(4) and the addition of Article IV, Out-of-County Waste:
Section 44-1, "Definitions," shall be amended to include the following:
Out-of-County waste means any waste produced and collected from sources outside the
boundaries of New Hanover County.
The following section shall be created:
Section 44.3A
Disposal of Unauthorized Out of County Waste Prohibited
Solid waste produced and collected from sources outside the boundaries of New Hanover
County and delivered to W ASTEC or the Landfill without prior approval are prohibited. Out
of County waste delivered to W ASTEC or the Landfill and not identified as Out of County
waste and/or without prior approval will be subject to Section 44.5, Enforcement.
Section 44-45, "Enforcement," be amended to read as follows:
(4) Other remedies. The provisions of this chapter may also be enforced in any other
manner set forth in G.S. 153A-123. The provisions of Article IV of this chapter
shall serve as an alternative to the provisions in this section.
The following Article shall be created:
ARTICLE IV. Out-of-County Waste
Section 44-85 Title
This article may be cited as the "Out-of-County Waste Ordinance of New Hanover
County, North Carolina."
Section 44-86
Purpose
The New Hanover County Landfill and W ASTEC are owned and operated by the
County of New Hanover, and;
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The New Hanover County Department of Environmental Management serves as the
landfill and W ASTEC administrator and maintains the landfill and W ASTEC for the benefit
of the citizens of New Hanover County, and;
The New Hanover County Landfill and W ASTEC are valuable and limited resources
which the owners wish to preserve and conserve, in order that they may be available for use
by the citizens of New Hanover County, and;
The New Hanover County Landfill is restricted by permit to receiving only waste
generated in New Hanover County, and;
The County has found it necessary to restrict unauthorized out-of-county waste
that is received at the landfill and W ASTEC;
This Article is created in order to properly manage waste and to adhere to permit
conditions.
Section 44-87.
New Hanover County Landfill and W ASTEC
The New Hanover County Landfill and W ASTEC, as presently constituted and as
may be expanded in the future, shall be used for the disposal of solid waste generated
exclusively by the residents, businesses and other institutions located in New Hanover
County unless specifically authorized by the County Manager or his designee.
Section 44-88.
Enforcement
A. Criminal Penalty. Any person disposing of waste in violation ofthis ordinance shall be
guilty of a misdemeanor punishable by a fine not to exceed $500 per offense or
imprisonment of not more than 30 days, or both. Each violation shall be treated as a separate
offense.
B. Civil Penalty. Any person who is found in violation ofthis ordinance shall be subject
to a civil penalty not to exceed $500 for the first offense, $1,000 for the second offense and.
$5,000 for subsequent offenses. Each violation shall be treated as a separate offense.
C. Other Remedies. Equitable remedies may enforce this ordinance and any unlawful
condition existing in violation ofthis ordinance may be subject to an injunction or order of
abatement.
NOW, THEREFORE BE IT ORDAINED by the County Commissioners of New Hanover
County, that Chapter 44, Solid Waste, New Hanover County Code, is hereby amended, to
reflect the above addition to section 44-1, the creation of section 44-3A, an amendment to
Section 44-45(4) and the addition of Article IV, Out-of-County Waste. Except as
specifically amended above, Chapter 44 shall remain unaltered, in full force and effect.
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Adopted this, the 4th day of June 2001.
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'\.. ~:';;o the Board
NEW HANOVER COUNTY
[dfu(J.
Ted Davis, Jr., Clìairman
Board of Commissioners
26.29.9
EXHIBIT
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Talking Points
New Hanover County Jail Facility
O5/24/01
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The Project Expeditors responsibilities during the construction phase of the project are
specifically identified within their contract with the County, (#00..:0367). The following
items are the specific duties identified in the contract of the Project Expeditor. The
italicized statements are factual comments of the project structure as a result of a Single
Prime contract arrangement with New Hanover County.
1) Inspection: "The Project Expeditor shall determine that the work of each contractor is
being performed in accordance withthe requirements of the contract documents."
By contract, the architect, Freeman White, is required to assure the County that
all work performed is done in accordance with the contract documents and to
assure compliance with the architects design and intent. The architect has
permanent on site representation to assure that this requirement is met.
Additionally, Carter Goble who is contractually obligated to assure compliance,
has personnel who periodically inspect all work with regards to function and use
issues, Carter Goble's personnel will be on site full time during the start-up
phase through occupancy of the facility, A project Expeditor would provide a
redundant function in that due to a Single Prime Contractor relationship with
the County the Prime Contractor would be a single entity contractually
responsible for coordination of all contractors on site and therefore be a single
contact for Freeman White and Carter Goble,
2) Project Control: "The P.E. shall provide coordination, superVlSlon, and
scheduling as required to coordinate work of the contractors with each other. and with
the activities and responsibilities of the P.E. the C.P.E. and the Architect to complete
the Project in accordance with the C.P.E.'s objectives for safety cost, time and
, quality."
By contract, the Single Prime Confractor is responsible for coordination,
supervision, and scheduling as required to coordinate work. of the contractors
with each others and the responsibilities of the County's Chief Project Engineer,
(CP,E.) and the Architect to complete the Project in accordance with the CP,E. 's
objectives for safety cost, time and quality," A project Expeditor would provide
a redundant function in that due to a Single Prime Contractor relationship with
the County the Prime Contractor would be a single entity contractually
responsible for all of the duties identified in the Project Expeditors contract for
Project Control.
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Talking Points
New Hanover County Jail Facility
OS/24/01
3) Claims and Disputes: The P.E. shall provide a documented analysis of all of the
facts bearing on the disputed issue and promptly render written recommendations to
the Architect
By contract, the architect is responsible for claims analysis. The architect has
permanent on site representation to provide this service. In the event of a mu/ti-
Prime contract relationship with the county, a Project Expeditor would provide
analysis to determine potential impacts to other contractors from claims of a
specific contractor. A project Expeditor would provide a redundant function in
that due to a Single Prime Contractor relationship with the County the Prime
Contractor would be the only entity which would file a claim and therefor no
analysis of impacts to other contracts would be necessary. Additionally, the
architect is contractually obligated to provide claims anàlysis therefor
additional analysis of the same package would be redundant.
4) Quality of Work: The P.E. shall have the responsibility to recommend to the
Architect rejection of work which does not conform to the contract documents.
New Hanover County is contractually obligated to provide third party testing to
assure quality control. Testing is to be performed by certified professional testing
agency. Additionally, the Single Prime Contractor is Contractually obligated to
provide third party testing services in the event quality issues are discovered. The
architect is Contractually obligated to resolve/approve quality issues and make the
,final recommendation to the County. A project Expeditor would provide a redundant
function in that additional analysis is no longer required due to the simplification
of the project with a Single Prime Contractor.
5) Scheduling: The P.E.'s services shall include, but not limited to, scheduling and
coordinating with the Chief Project Engineer and P .E.
The Single Prime Contractor is contractually obligated to provide scheduling
services and for coordination of all subcontractors in order to meet the established
construction schedule. A Project Expeditor would provide a redundant function in
that the Single Prime Contractor is now responsible for scheduling and
coordination issues.
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Talking Points
New Hanover County Jail Faéility
OS/24/01
6) Payments: The P.E. shall develop' and implement procedures for the review,
processing and payment of applications by contractors for progress and final payments.
The project has a Single Prime Contractor and as a result, only one application for
payment will be submitted. The architect is contractually obligated to review all
payment applications and has .full time on site personnel for this function. A Project
Expeditor would provide a redundant function in that the Single Prime Contractor
is responsible for coordinating the pay applications and 'application process' itself is
now simplified by the submittal of only one application for payment to New
Hanover County,
7) Cost Control: The P,E. shall develop and monitor an effective system of Project cost
control; revise, and refine the 'initially approved construction budget; incorporate
approved changeordèrs as they occur; and develop cash flow reports and forecasts as
needed.
A Project Expeditor would provide a redundant function in that the Single Prime
Contractor is contractually obligated to provide a majority of these services, The
architect is also contractually obligated to monitor project performance and assist
in cost control activities.
8) Permits: The P.E. shall, assist III obtaining permits from authorities having
jurisdiction over the project.
All permits have been obtained or applications have been submitted.for permits. This
function is no longer necessary. .
9) Shop Drawings and Submittals: The P.E. shall receive from the contractors all shop
, drawings, product data, samples and other submittals and forward to the Architect.
A Project Expeditor would provide a redundant function in that the Single Prime
Contractor is responsible for this function.
10) Project Site Documents: The P.E. shall record the progress of the project and
submit monthly written progress reports to the Chief Project Engineer and the architect
including information on each contractor, each contractor's work, the work of the entire
project and the percentages of completion and the number and amount of change orders.
A Project Expeditor would provide a redundant function in that the Single Prime
Contractor is responsible for to provide all of this information and perform all of
these functions ,
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Talking Points
New Hanover County Jail Faèility
OS/24/01
11) C.P.E. - Purchased Items: The P.E. shall assist in the arrangement of the delivery,
storage, protection and security of County purchased materials, systems and equipment
which are part of the project, until such items are incorporated into the project.
A Project Expeditor would provide a redundant function in that Carter Goble is
responsible for performing all of these functions.
12) Certificate of Insurance: The P.E. shall receive Certificates of Insurance from the
contractors and review them for adequate coverage prior to forwarding to the Chief
Project Engineer.
A Project Expeditor would provide a redundant function in that insurance limits
are set prior to bid of the project by the County's Risk Manager and any review of
insurance documents must be performed by the Risk Manager.
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MILLER WilminKton . RaleiK/1 . Charlotte
Established 1949
Hand Deliver
May 30, 2001
Board of Commissioners
New Hanover County
320 Chestnut St.
Wilmington, NC 28401
Attention: Allen O'Neal, County Manager
Re: Blue Clay Road Jail Project
Ladies and Gentlemen:
The university system of the State of North Carolina has recently developed a
construction delivery method using a construction manager at risk for the implementation
of the $3.1 billion bond issue package for university buildings. The system was
developed for some of the same reasons the project expediter was used for the jail
construction and how the project has progressed. It allows early input from a general
contractor to the architect and owner and the ability to order long lead items up front.
When plans are completed and cost information can be reasonably established, the
contractor can commit to a guaranteed maximum price.
We have provided valuable information to the county on this project and have been able
to orde~ long lead items before construction began. We have also been able to determine'
the projected cost of the project. We are at a point in the project, similar to the state
method, that we can propose a guaranteed maximum price for a defined scope of work
and a guaranteed delivery date to the county for the completion of the jail.
It is our recommendation that the county consider converting or amending the contract of
August, 2000, or entering into a new contract with us to complete the jail project by a
fixed time for a fixed fee or guaranteed maximum cost.
Of course, the county attorney in consultation with the Director of State Construction
should first determine the proper legal way to convert, amend or enter into a new
contract.
Construction · Design / Build · Facility Development
Post Office Box 2046 / Wilmington, NC 28402 . 1404 Connllomuealth Orive · Wilmington, NC 28403'
Phone 910·256-261.3 . Fax 910·256·3822
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In the event the county is not interested in exploring with us a fixed price at risk contract,
we are prepared to submit a termination for convenience letter, a copy of which is
attached.
Respectfully Yours,
Mil,l\r ~uil~ingñ~or~tion
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H. E. "Hank" Miller III
CEO
hemiii:rd
attachment
cc: H.E. Miller, Jr.
Pete Buskirk
Pat McCracken
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MILLER Wilmjllgto/Ì . J<aleigh ~ Charlotte
Established 1949
Hand Deliver
May 30, 2001
Board of Commissioners
Attn: Allen O'Neal, County Manager
New Hanover County
320 Chestnut St.
Wilmington, NC 28401
Re: Project Expediter Contract
Dear Ladies & Gentlemen:
Since New Hanover County has received an apparently acceptable bid for Construction
of the jail building, it appears that your need for our service as originally envisioned no
longer exists.
Accordingly, pursuant to provisions of Article four of our contract with New Hanover
County dated August 15, 2000 we hereby notify you that we are terminating the contract
for our convenience.
We are required to remain on the job pursuant to the contract for 14 days, midnight June
li\ however we would prefer that the termination be effective at midnight May 31 st.
Please advise immediately whether you want us to remain for the full 14 days.
In due course we will submit to you our final billing for fees and expenses as specified in
paragraph four of the contract. In addition we will bill our fee for May, June and July
2000 and a portion of the sum withheld from our entitlements in pay arplication number
09 (nine) all as described to Mr. O'Neal and others on Friday May 25t .
Respectfully Yours,
Miller Building Corporation
H. E. "Hank" Miller III
CEO
hemiii:rd
Construction · Design / Build · Facility Development
Post Office Box 2046 / Wilrllington, NC 28402 ·1404 COllllllonwealth Drive · Wilmington, NC 28403
Phone 910-256·2673 . Fax 970·256·3822
letter from Mark Lewis
6628 Pleasant Pine Court
Wilmington, NC 28403
256-0330
This county must put schools first
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26.29.10
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COmTY COMlVIlSSIONERS
IN THE MATTER OF NAMING
A PRIVATE ROAD TO
RUSTIC LANE (WRIGHTSBORO COMMUNITY)
ORDINANCE
It appearing to the Board of County Commissioners of New' Hanover County that
consideration has been given to the naming of Rustic Lane located in Cape Fear Township, 2300
block of Oakley Road and recorded as a part of Hugh Guyton Division in Plat Book 32 Page 255
of the New Hanover County Registry and it further appearing that a public hearing was held on
Monday, June 4, 2001, at which time all persons were heard on the question of whether or not the
naming would be in the public interest; and it further appearing that notice of said hearing was
transmitted to all adjoining resident owners and prominently posted in at least two (2) locations
along said road, and published in the Star News local newspaper, and the Board of County
Commissioners is of the opinion that said road in New Hanover County should be named and the
naming of same is in the public interest, the description of which is delineated on the attached
exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road'
is hereby named Rustic Lane. (Attached Exhibit)
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the
Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by
the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the
road,.,the North Carolina Board of Transportation and to any city within five (5) miles of said road
in accordance with N.C. General Statutes 1 53A-240.
This the 4th day of June, 2001.
¡;j~{1,~)a
Ted Davis Jr., Chairman
Attest:
(-;p~~ V~
~~ to the Board
26.29.10
ST ATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF ASSIGNING
STREET HOUSE NUMBERS ON RUSTIC LANE (Private)
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the assignment of house numbers on Rustic Lane, located in the
Cape Fear Township, numerical range 3000-3199.
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,WHEREAS, ready and accurate identification of developed property is important for the
delivery of general County services, for the operation of commercial enterprises, for the response of
emergency and public safety vehicles, and for the convenience of the general public; and
WHEREAS, a comprehensive and systematic property numbering system is an efficient
means of identifying property within the County; and
WHEREAS, such a system will promote the health, safety, and welfare of the citizens of
New Hanover County.
THEREFORE, it further appearing that a public hearing \vas held on the 4th day of June,
2001, at which time all persons were heard on the question of whether or not assigning house
numbers would be in the public interest, and it further appearing that notice of said hearing was
prominently posted in at least two (2) locations along said street, that notice of the time, place and
subject matter of the hearing was prominently posted at the County Courthouse and published in a
newspaper of general circulation in the County,
NOW THEREFORE, it is ordained and decreed that the above house number assignments
be made.
It is further ordered that a copy of this ordinance be transmitted to the Postmaster having
jurisdiction over the road, to the Board of Transportation, Sheriffs 911 Dispatcher and to any city
within five miles of said road in accordance with N.C. General Statute l53A-240.
Adopted this the 4th day of June, 2001.
liia!}[J;"~
Attest:
26.29.11
PROJECT ORDINANCE
SHERIFF'S DEPARTMENT FIRING RANGE CAPITAL PROJECT
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the Construction of a Firing Range,
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.
" 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 Construction of a Firing
Range Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Sale of Fixed Assets
$136,550
$26,780
Transfer from Federal Forfeited Property
Total
$163,330
4. The following appropriations necessary for the project are herewith made from
the revenue listed above:
Capital Project Expense
$163,330
Total
$163,330
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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 County.
Adopted this {L æ day of ~<-.2001.
C{~v/ d-wú-
Clerk to the Board
& {) ()v.) (r
Ted Davis, Jr., Chairman
Board of County Commissioners