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1998-07-13 RM Exhibits 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 6.5, Discrimination, of the New Hanover County Code, be and is amended as follows: Amend Article II, Establishment of Human Relations Commission, Section 6.5-4 Membershio: a) The Commission shall be composed of eighteen (18) members. b) Thirteen (13) members shall be appointed by the Board of County Commissioners, three (3) members shall be appointed by the Wilmington City Council, one (1) member shall be appointed by the Wrightsville Beach Town Councii, and one (1) member appointed by the Carolina Beach Town Council, consistent with county and municipal policies governing appointments to county and municipal governmental commissions, committees, and boards. Amend Article III, Bvlaws of the Human Relations Commission, Section 6.5-11 Membershio: a) Terms: 1) The Commission shall be composed of eighteen (18) members. Thirteen (13) shall be appointed by the Board of County Commissioners, three (3) members shall be appointed by the Wilmington City Council, one (1) member shall be appointed by the Wrightsville Beach Town Council, and one (1) member shall be appointed by the Carolina Beach Town Council, consistent with county and municipal policies governing appointments to county and municipal governmental commissions, committees, and boards. Except as specifically amended above, Section 6.5-4 and Section 6.5-11 of Chapter 6.5 of the New Hanover County Code, shall remain unaltered and in full force and effect. This the J 3 \L4 day of oJ.... I, ,1998. [SEAL] NEW HANOVER COUNTY ATTEST 'lJ;,Rt~, -c ~ William A. Caster Chairman Board of Commissioners ~~P~ll ~ Clerk to the Board ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, health infonnation is personal and sensitive infonnation which, if inaccurately collected, documented, or improperly used may cause significant harm to a patient's interests in privacy and health care; and WHEREAS, current North Carolina laws and regulations provide, at best, an inconsistent and incomplete treatment oflaws and policies related to the subject of health care informatlOn in any fonnat; and WHEREAS, there are continuing pressures to improve the quality of health care while at the same time dealing with increasing complexity and cost that has led to an acceleration in the use ! of computers and communications to manage health information; and WHEREAS, it is in the public interest to establish legislative policies and guidelines to ensure that health information is secure, private, accurate and reliable, properly disclosed, and accessible only to those with a legitimate need for the information, NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of New Hanover County officially requests that the State Representatives of New Hanover County support the passage of House Bill 1495 Adopted this 13th day oOuly, 1998 1j~{J~ William A. Caster, Chairman ATTEST J~fJ~ Deputy Clerk to the Board I \ ~ . ~ ~ - -'" (~ ., " NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 06/30/98 CURRENT TAX YEAR - 1997 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS BACK TAXES --------- REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS EMS COLLECTIONS AD VALOREM --------------- $ 56,737,366.65 2,687,603078 165,356020- --------------- $ 59,259,614023 7,269050 46,650.72 --------------~ $ 59,313;534.45 58,B47,212.93- --------------- $ 466,321.52 99.21%* 99.23%** $ 2,469,667.19 97 066.78 225~619.31- --------------- $ 2,341,114.66 B10,470093- --------------- $ 1,530,643.73 34.62% JUN 1998 ---"----------- 224,041.25 32,443.75 .00 CONSENT AGENDA DATE=_________ ITEM NO.______ MOTOR VEHICLE --------------- $ 7,270,054.1B 45,232.01 113,649.69- --------------- $ 7,201,636.50 .00 .00 ---------.;..----- $ 7,20t,636.50 6,398,211.36- --------------- $ B03,425.14 88.84%* 88.85%** FISCAL YTD -------------- 2,099',442.90 49,246.88 .00 NEW HANOVER COUNTY, BEACH AND KURE TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR CITY OF WILMINGTON! WRIGHTSVILLE BEACH, CAROLINA BEACH TO DATE - $9Z,635,5B2.04. THIS REPORT IS FOR FISCAL YEAR BE NNING JULY 1, ~ECTFULLY SUBMITTED, PAT~tci~'~. .>\N~n COLLECTOR O~VENUE 1997 * COMBINED COLLECTION PERCENTAGE - 98.09% ** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND A~Ll - 98. -.- ,,_.,. .l'.' ...:-:," .,...~~r"""':<J.;'}.(o'.:.:~ .,~:l'..:.:'~iZ.~,.;,;~~U~,~~~:rd:;_1jP~.(:~'" i~ CONSENT AGENDA DATE:________ ITEM NO.______ ~EW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 06/30/98 CURRENT TAX YEAR - 1997 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO OATE OUTSTANDING 8ALANCE PERCENTAGE COLLECTED PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS BACK TAXES . REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR ~ECTFULLY SUB~T~EO, -YC\..:r<1(IW 7\ I ~r'oY PATRICIA J. ~NOR COLLECTOR OF REVENUE AD VALOREM --------------- $ 1,239,942.47 61,225.70 24,667.15- --------------- $ 1,276,501.02 990.93 --------------- $ 1,277,491.95 1,267,047.46- --------------- $ 10,444.49 99.18%* 99.20%** $ 46,805.92 5,398081 9,134.39- --------------- ,$ 43,070.34 15,231.22- --------------- $ 27,839.12 35.36% G JULY 1, 1997. MOTOR VEHICLE --------------- $ 169,950.35 1,367.37 2,979.09- --------------- $ 168,338.63 000 --------------- $ 168,338063 153,569.15- --------------- $ 14,769.48 91.23%* 91.23%** * COMBINED COLLECTION PERCENTAGE - 98.26% ** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 9 330 . PATENT AND COPYRIGHT PROCEDURES A. In General. The County has an interest in all inventions of County personnel that are conceived or first actually produced as a part of or as a result of County research, activities within the scope of the inventor's employment by the County and activities involving the use of County time, facilities, staff materials, or County information not available to the public. B. Responsibilities of County Personnel. 1 County personnel who either alone or in association with others, make an invention in which the County has or may have an interest shall disclose such inventions to the County Manager in writing. The inventor will be notified in writing of the decision of the County Manager as to whether the County will accept the invention for patenting or licensing. If the County chooses neither to file a patent application or otherwise make available commercially nor to dedicate to the public an invention in which it asserts its rights, the invention at the County Manager's discretion may be released in writing to the inventor As to any invention in which the County has an interest, the inventor upon request, shall execute promptly all contracts, assignments, waivers or other legal documents necessary to vest in the County or its assignees any or all rights to the invention, including complete assignment of any patents or patent applications relating to the invention. 2. County personnel may not: (a) sign patent agreements with outside persons or organizations which may abrogate the County's rights and interests as stated in the Patent Policy or as provided in any grant or contract funding the invention, nor (b) without prior authorization use the name of the County or any of its units in connection with any invention in which the County has an interest. C. Inventor Requests for Waiver of County Rights. If the inventor believes that the invention was made outside the general scope of his or her County duties, and if the inventor does not choose to assign the rights in the invention to the County the inventor shall, in the invention disclosure request that the County Manager determine the respective rights of the County and the inventor in the invention, and shall also include in the disclosure information on the following points: 1 The circumstances under which the invention was made and developed; 2. Whether he or she requests waiver or release of any County claims or his or her representation that the County has no claim; 3. The extent to which he or she would be willing voluntarily to assign domestic and foreign rights in the invention to the County if it should be determined that an assignment of the invention to the County is not required under the Patent and Copyright Policies. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the State of North Carolina Solid Waste Management Rules require that Municipal Solid Waste Landfills be designed by a Professional Engineer licensed to practice engineering in accordance with O.S. 89C and the Administrative Rules developed thereunder; AND WHEREAS, the design engineer shall prepare an engineering plan for a phase of development not to exceed approximately five years of operating capacity, consistent with the development phases and design criteria defined in the facility plan; AND WHEREAS, the plan must incorporate the design ofleachate management and other environmental control facilities; AND WHEREAS, the plan shall contain a report and a set of drawings which consistently represent the engineering design; AND WHEREAS, the Engineering firm of Post, Buckley, Schuh, and Jerrnigan, Inc. prepared a report and engineering plan for the design of subcells two (2) through six (6) dated November 12,1992; AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has demonstrated its' ability to meet the design criteria by previously designing cell construction systems acceptable to the State Solid Waste Section for Cells I through 4, AND WHEREAS, the time to design and construct cell 5 has arrived; AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has submitted a Scope of Services to provide permitting, design, and pre-construction assistance for Cell 5, AND WHEREAS, the Director of Environmental Management and the County Manager recommend that a contract be awarded to Post, Buckley Schuh, and Jerrnigan, Inc. in an amount of one hundred nine thousand nine hundred eighty dollars ($109,98000); AND WHEREAS, funds have been previously appropriated and are now in Account No 700-480-4191-3700 to cover this contract; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the Contract for Engineering Design Services for the construction design of Cell 5 at the New Hanover County Landfill be awarded to Post, Buckley Schuh, and Jerrnigan, Inc. for an amount not to exceed one hundred nine thousand nine hundred eighty dollars ($109,980.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney New Hanover County exempts itself from any and all requirements ofG.S. 143 Article 3D This the 13th day of July, 1998. NEW HANOVER COUNTY [SEAL] t);1L,- Q ~ William Caster, Chairman Board of County Commissioners ATTEST, -J~p~ "JJ r" 7:j Clerk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the State of North Carolina Solid Waste Management Rules require that Municipal Solid Waste Landfills install a cap system that is designed to minimize rainfall infiltration, AND WHEREAS, the cap system shall be designed and constructed to have a permeability less than or equal to the permeability of any base liner; AND WHEREAS, the cap system shall conform to the requirements set forth in the North Carolina Solid Waste Management Rules 15NCACI3B, AND WHEREAS, the Engineering firm of Post, Buckley, Schuh, & Jerrnigan, Inc., has demonstrated its ability to meet the design criteria by previously designing a closure system acceptable to the North Carolina Solid Waste Section; AND WHEREAS, the firm of Post, Buckley, Schuh, & Jerrnigan, Inc., has submitted a Scope of Services to provide design and Construction Quality Assurance services for the closure of Cell 3B at the New Hanover County Landfill, AND WHEREAS, the Director of Environmental Management and the County Manager recommend that a contract be awarded to Post, Bucklcy Schuh, & Jerrnigan, Inc., in an amount of one hundred twenty thousand six hundred twenty four dollars ($120,624 00); AND WHEREAS, funds have bee previously appropriated and are now in Account No. 700-480-4191-3700 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Engineering Design services for the closure of Cell 3 B at the New Hanover County Landfill be awarded to Post, Buckley, Schuh, & Jerrnigan, Inc., for an amount not to exceed one hundred twenty thousand six hundred twenty four dollars ($ I 20,624 00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney New Hanover County exempts itselffrom any and all requirements of G.S 143, Article 3D This the 13th day of July 1998. NEW HANOVER COUNTY [SEAL] iJ~ () ~ William Caster, Chairman Board of County Commissioners ATTEST ~p~ btpL'~ Clerk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the State of North Carolina Solid Waste Management Rules require that Municipal Solid Waste Landfills be designed by a Professional Engineer licensed to practice engineering in accordance with O.S. 89C and the Administrative Rules developed thereunder; AND WHEREAS, the design engineer shall prepare an engineering plan for a phase of development not to exceed approximately five years of operating capacity, consistent with the development phases and design criteria defined in the facility plan; AND WHEREAS, the plan must incorporate the design ofleachate management and other environmental control facilities; AND WHEREAS, the plan shall contain a report and a set of drawings which consistently represent the engineering design; AND WHEREAS, the Engineering firm of Post, Buckley, Schuh, and Jerrnigan, Inc. prepared a report and engineering plan for the design of subcells two (2) through six (6) dated November 12,1992, AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has demonstrated its' ability to meet the design criteria by previously designing cell construction systems acceptable to the State Solid Waste Section for Cells I through 4, AND WHEREAS, the time to design and construct cell 5 has arrived; AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has submitted a Scope of Services to provide permitting, design, and pre-construction assistance for Cell 5, AND WHEREAS, the Director of Environmental Management and the County Manager recommend that a contract be awarded to Post, Buckley Schuh, and Jerrnigan, Inc. in an amount of one hundred nine thousand nine hundred eighty dollars ($109,980.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-480-4191-3700 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the Contract for Engineering Design Services for the construction design of Cell 5 at the New Hanover County Landfill be awarded to Post, Buckky, Schuh, and Jermigan, Inc. for an amount not to exceed one hundred nine thousand nine hundred eighty dollars ($109,980.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney New Hanover County exempts itself from any and all requirements of G.S. 143, Article 3D This the 13th day ofJuly, 1998. NEW HANOVER COUNTY [SEAL] tJJL.- Q ~ William Caster, Chairman Board of County Commissioners ATTEST, ~~p~ 1) f"'1:j Clerk to the Board PROJECT ORDINANCE PILOTS RIDGE PARK 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 the Pilots Ridge Park Project, 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 the Pilots Ridge Park Capital proj ect, which project is herewith authorized 3 The revenue that will finance said project is Transfer from General Fund $300,000 Total $300,000 4 The following appropriations necessary for the project are herewith made from the revenue listed above Capital Project Expense Total $300,000 $300,000 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 / 3 ~ day of J u.. L '1 , 1998 J~f~ 2J~ Q ~ ~ Clerk to the Board William A Caster, Chairman Board of County Commissioners PROJECT ORDINANCE OLD COURTHOUSE RENOVATION 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 the Renovation of the Old Courthouse Project 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 Renovation of the Old Courthouse Capital Project, which project is herewith authorized 3 The revenue that will finance said project is Transfer from General Fund 5500,000 Total 5500,000 4 The following appropriations necessary for the project are herewith made from the revenue listed above Capital Project Expense Total 5500,000 5500,000 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 /31/4 day of .J "'- l <f , 1998 ~~p~ tJ~Q ~ ~ Clerk to the Board William A Caster, Chairman Board of County Commissioners NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description NORTH CAROLINA AVENUE IN WILMINGTON BEACH, NC WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described raad(s), the location of which has been indicated in red on the attached 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 raad(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 13TH day of JULY 1998 ~ESS my hand and official seal this the , 1998 /3'/-t..... day of J~P~ Teresa P Elmore, Deputy Clerk New Hanover County Board of Commissioners Form SR-2 Please Note resolute wp Forward direct to the District Engineer, Division of Highways NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, health insurance for all sectors, both public and private, is increasingly becoming less affordable; and WHEREAS, especially in public government, the increases in rates for groups grow steadily out of proportion when compared to the previous years rate increases; and WHEREAS, numerous County employees already enjoy the benefits of being covered by the State s insurance through their Major-Medical Plan; and WHEREAS, it would be most advantageous to Columbus County if all its employees were covered by the State Comprehensive Major-Medical Plan; and WHEREAS, the eligibility requirement set down in General Statute 135-40.2, Article 1 substantiates that all County employees should be eligible for the State's Comprehensive Major- , Medical Plan, NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of New Hanover County requests and petitions the North Carolina Association of County Commissioners and the State Legislators representing Columbus County to introduce legislation which will allow Columbus County to be covered and a part of the State s Comprehensive Major-Medical Plan. BE IT FURTHER RESOLVED that a copy of this Resolution be mailed to each of the State Legislators representing New Hanover County Adopted tills 13th day ofJuly 1998 tJ..1f~ rJ ,-, a Ck:t..... William A. Caster, Chairman ATTEST J~'/~ Deputy Clerk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3'00 p.m., on the 23rd day of June, 1998, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for uniforms for the Sheriffs Department, Bid # 98-0408 American Uniform Sales, Inc. $38,480.20 Century Uniform Co. $40,041 00 Command Uniforms $55,978.30 AND WHEREAS, the Sheriff, the Finance Director, and the County Manager recommend that the contract be awarded to American Uniform Sales, Inc. of Fayetteville, North Carolina, the lowest responsible bidder, in the amount of thirty-eight thousand, four hundred eighty dollars and twenty cents ($38,480.20); AND WHEREAS, funds have been previously appropriated and are now in Account No. I 10-43 I -431 I -4400 to cover this contract; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for uniforms for the Sheriffs Department, Bid # 98-0408 be awarded to American Uniform Sales, Inc. in the amount of thirty-eight thousand, four hundred eighty dollars and twenty cents ($38,480.20); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 13th day of July, 1998. (SEAL) tJ;J~Q~ Chairman, Board of County Commissioners ATTEST ~~jJ~ Clerk to the Board 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 bids were received. V.S Tire Recycling, Inc. Optionl Option II Option III Trailer Rent $105.00 per ton $110 00 per ton $10500 per ton $100 00 per month McCotter Enterprises, Inc. Option I Option II Option III Trailer Rent $ 80 00 per ton $ 95 00 per ton $ 95.00 per ton $150.00 per month Central Carolina Tire Disposal Option I Option II Option III Trailer Rent $ 7400 per ton $ 78.00 per ton $ 7600 per ton $125 00 per month AND WHEREAS, the service provided under Option II, whereby generators of 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 tires at the tire retailer's place of business; AND WHEREAS, the price for the rental of all transport trailers at the tire retailer's 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 Environmental Management Director and the County Manager recommend that a contract be awarded to Central Carolina Tire Disposal, the lowest responsible bidder, in the amount of$78.00 per ton as described in Option II, 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 Tax, and funds previously appropriated and are 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 contract No. 98-0482 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 13th day of July, 1998. [SEAL] William Caster, Chairman Board of County Commissioners '2JJtv.- (J Q.;I;- ATTEST ~~jJ~ JJ."f"1 Clerk to the Board RESOLUTION OFTHE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS after due advertIsement, bids were received and publicly opened by the Finance Department at 3'00 p.m., on the 16th day of June, 1998, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for hurricane protectIon servIces for the Emergency Management Department, BId # 98-0337' Aggreko Inc. Turn-key Proposal - 10% availability fee Rental Proposal 10 % availability fee $69,08000 $40 700 00 AND WHEREAS, the contract will ensure that pre-selected generator units will be available to County on an as needed basIS and if generators are needed, contract establishes weekly rental rates for each type of unit; County will pay a yearly availability fee to have the pre-selected generators available during hurricane season; AND WHEREAS, the bid allowed for addition or deletIon of units and the Emergency Management Director has negotIated with Aggreko, Inc. to reduce quantities of pre-selected units resulting in a reduction of the Rental Proposal 10% availability fee to twenty-three thousand, seven hundred sixty dollars ($23 760 00) for the first year of the contract and twenty-eight thousand, eighty dollars ($28,080 00) for the second and third year of the contract; AND WHEREAS, the Emergency Management Director the Finance Director and the County Manager recommend that the contract be awarded to Aggreko, Inc., a foreign corporation organized under the laws of the state of Louisiana, the only responsible bIdder, rental proposal -10% aVaIlability fee of twenty-three thousand, seven hundred SIXty dollars ($23 760 00) for the first year of the contract and twenty-eight thousand, eighty dollars ($28,080 00) for the second and thIrd year of the contract; AND WHEREAS, funds have been previously appropnated and are now in Account No. 110-433-4330-3700 to cover this contract; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for a hurncane protectIOn services for the Emergency Management Department, Bid # 98-0337 be awarded to Aggreko, Inc., rental proposal 10% availability fee of twenty-th,'ee thousand, seven hundred sixty dollm's ($23,760.00) for one year with an option to renew contract for two additional one year pe,'iods at twenty-eight thousand, eighty dollars ($28,080.00) per year' and that the County is hereby authorized and directed to execute contract # 98-0337 A, contract form to be approved by the County Attorney This 13th day ofJuly 1998. 1J~{{ ~ ChaIrman, Board of County CommIssIoners (SEAL) ATTEST ~ ~h~~ RESOLUTION AUTHORlZING NEW HANOVER COUNTY TO TENDER AN OFFER TO PURCHASE THE COLLECTIVE WATER SYSTEMS OF CAPE FEAR UTILITIES, INC. AND QUALITY WATER SUPPLIES, INe. WHEREAS, Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. (hereinafter "Cape Fear") are North Carolina corporations engaged in the provision of water service with approximately 11,000 service connections to its water systems that serve numerous subdivisions and areas within the unincorporated area of New Hanover CountY" and WHEREAS, the systems include two elevated water tanks and approximately 170 miles of water lines which upon appraisal by Dawson Engineering indicates a value of $21.8 million not including additions to the system since January 1 1996. This appraisal was in excess of$22 million as of July 1, 1996; and WHEREAS, the County is statutorily authorized to acquire, improve, maintain, own and operate public water systems within the unincorporated area of New Hanover County; and WHEREAS, the County desires to acquire these water systems as part of its expansion ofthe County's water and sewer services to residents ofthe unincorporated areas of New Hanover County; and WHEREAS, the County is willing to acquire these water systems upon such terms and conditions that shall be recommended by the County Manager and County Attorney and their staff for approval by the County Commissioners, which acquisition shall be funded by the issuance of tax exempt Certificates of Participation or Bonds (hereinafter referred to as "COPs"); and NOW THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS THAT I The County Commissioners hereby approve ofthe concept ofthe County's tender of an offer to purchase the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. from G. William Dobo and Robert R. Dobo or their successors in interest or assigns (hereinafter referred to as the "Owners") upon such terms and conditions as determined by the County Commissioners as provided by the North Carolina General Statutes, subject to the following general terms and conditions: a. The County shall be able to obtain financing of this acquisition through the issuance of tax-exempt COPs; b. The sellers ofthe stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. shall be required to finance a portion of the purchase price by accepting delivery of some amount ofthe COPs in partial satisfaction ofthe purchase price and crediting the face value thereof against the purchase price to be paid at closing; c. Cape Fear shall donate as a charitable gift to the County any portion of the system added after July I, 1996, d. Cape Fear shall donate as a charitable gift to the County the Shearin Hills Subdivision system and one additional well site; e. The County shall be required to purchase all of the outstanding and issued stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. from the sellers of the stock. f. The sellers of the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. shall be the Owners or their assigns who shall actually deliver the stock to the County as purchaser at closing; g. Upon the death of the survivors ofG. William Dobo and Robert R. Dobo and their spouses, the sellers shall be obligated to disburse to the County a sum not less than $1 0 million dollars, less setoffs, expenses and indemnifications required by a contract to purchase and sale; h. The County shall incur no adverse tax liability as a result of this purchase and sale transaction and shall be indemnified in this regard by the sellers of the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. subjcct to the terms and conditions of a contract to purchase to be negotiated; i. The transfer of any of the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. or this offer to any assignee of the Owners shall be subject to review and comments by the County Attorney; j. If the County's proposal is accepted by Owners or their assigns and a contract to purchase is entered into, closing on the acquisition of the stock shall occur within sixty (60) days after approval of the sale by the Local Government Commission and the North Carolina Utilities Commission or December 31 1998, whichever date is sooner; k. The closing shall be subject to the County's verification of the quantities included in the preliminary appraisal for Cape Fear Utilities, Inc. prepared by Dawson Engineering and dated January 19 1996 and as updated through the month of May, 1998, I. The final form of the contract to purchase shall be subject to final approval by the County Commissioners and the County's Bond Counsel and the Sellers and their Counsel, and, -2- m. The final contract shall include all additional and customary terms and conditions of a commercial tender offer to purchase stock, including, but not limited to, seller's financing, bond issuance requirements, warranties of title with respect to the water systems, representations, opinion of seller's counsel respecting the title to the corporations' real property and easements, title insurance, environmental certifications and representations and other similar provisions. 2. The County Manager and County Attorney shall communicate the tender otTer in writing to the Owners, which written offer shall be subject to acceptance by the Owners or their assigns for a period of one hundred and eighty days from the date hereof and may be withdrawn only upon thirty days notice of withdrawal to the Owners. This the /3 day of J /..<. t.. '-( 1998 NEW HANOVER COUNTY [SEAL] tJJ1~ Q ~ William A. Caster, Chairman Board of County Commissioners ATTEST .J~fJ~ Deputy Clerk to the Board PC2283D.DOC July I, 1998 -3-