2005-05-16 RM Exhibits
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, one bid was received and publicly opened by the Finance
Department at 3:00 p.m., on the 26th day of April, 2005 at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following per meal bid was received for Nutrition
Services for the Department of Aging, Bid # 05-0234
400 Meals 450 Meals 500 Meals 550 Meals 600 Meals
per Day per Day per Day per Day per Day
Newbold's Carolina BBQ $2.59 $2.59 $2.59 $2.59 $2.59
& Seafood, Inc.
AND WHEREAS, the Directorof Aging, the Finance Director, and the County Manager recommend
that the contract be awarded to Newbold's Carolina BBQ & Seafood, Inc., the only responsible bidder, at
the per meal price of $2.59'
AND WHEREAS, funds will be appropriated in next year's budget 111 Account No.
110-582 5823-2000-3700 and 110-582 5824-2000-3710 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that the contract for Nutrition Services for the Department of Aging, Bid # 05-0234 be awarded to
Newbold's Carolina BBQ & Seafood, Inc. at the per meal price of $2.59; and that the County Manager is
hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney
This 16th day of May, 2005
(SEAL)
~~
Chairman, Board of County Commissioners
ATTEST
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Clerk to the Board
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RESOLUTION OF THE BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY
WHEREAS, the County's Recycling Facility has been leasing a baler for the last five years to crush recyclable board and
paper that is then marketed for fibre and sold for revenue;
AND WHEREAS, the existing lease did not have an option to purchase the equipment and will expire on July 30, 2005;
AND WHEREAS, a request for proposals was done to establish a new contract with a lease to purchase option to enable
the County to retain ownership at the end of the contract term;
AND WHEREAS, proposals were received from the following companies:
Carolina Fibre Corporation, Greensboro, North Carolina
TFC Recycling, Durham, North Carolina
Recycle America Alliance, Raleigh, North Carolina
Tri-State Process Equipment. Inc.. Monroe, North Carolina
AND WHEREAS, Tri-State Process Equipment, Inc. took exception to two major components of the request for proposal
and therefore made their bid non-responsive;
AND WHEREAS, Recycle America Alliance proposed a machine that was much smaller than the machine currently in use
and though the machine was technically adequate, the proposal offered was the least advantageous to the Recycling Program and
offered the lowest sales proceeds to the CountY'
AND WHEREAS, Carolina Fibre Corporation and TFC Recycling provided complete. detailed proposals alTering services
and support as requested;
AND WHEREAS, further detailed financial analysis and evaluation detennined that though both proposals were close on
the percentage of sales returned to the County TFC required a minimum $5.00 payment per ton if their 5% portion was less than
$5.00 and due to the fluctuating nature of the market this could substantially reduce the County's portion of the sales proceed with
TFC's proposal;
AND WHEREAS, Carolina Fibre Corporation proposal ofa 7% fee with no minimum provides greater potential for revenue
in periods of a low fibre market;
AND WHEREAS, based on the past five year history at the County Recycling Facility along with pricing projections from
industries, it is projected that the sales will offset the monthly payments during the duration of the lease and at the end ofthl: lease,
the County will own the baler;
AND WHEREAS, the Solid Waste Planner, the Environmental Management Director, Finance Director, and the County
Manager recommend that the lease purchase contract # 05-0232 for a baler for the Recycling Facility be awarded to Carolina Fibre
Corporation and authorize the County Manager to execute the contract;
AND WHEREAS, next year's budget will be adjusted for recording of lease for equipment, revenue received, payments
to be made. and any other action not inconsistent with this resolution;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that:
I) the lease purchase contract # 05-0232 for a baler for the Recvcling Facility be awarded to Carolina Fibre
Corporation and authorize the County Manager to execute the contract; and
2) authorize staff to adjust next year's budget for recording of lease for equipment, revenue received, payments to
be made. and any other action not inconsistent with this resolution.
This 16th day of May, 2005.
(SEAL)
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Chainnan, Board of Count V Commissioners
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Clerk to the Board
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RESOLUTION OF THE BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY
WHEREAS, New Hanover County is a coastal community lying between the Atlantic
Ocean, the Cape Fear River, and the Northeast Cape Fear River;
AND WHEREAS, coastal communities are subject to be struck by natural disasters
including, hurricanes, tornadoes, floods, and ice storms;
AND WHEREAS, New Hanover County has a recent history of being struck by eight
named hurricanes since 1996,
AND WHEREAS, the Board of Commissioners are responsible for the safety and welfare
of the citizens of New Hanover County;
AND WHEREAS, debris from natural disasters may jeopardize the safety and welfare of
the citizens and negatively effect the economy of New Hanover County.
AND WHEREAS, the New Hanover County Department of Environmental Management
has been delegated the responsibility of solid waste management to include the removal of debris
caused by natural disasters;
AND WHEREAS, to expedite the recovery from a natural disaster by removing debris in
as timely a manner as is feasible, the Department of Environmental Management has requested
that a preposition contract be in place to secure contracted services for debris removal;
AND WHEREAS, in accordance with normal purchasing procedures, a Request for
Proposals was duly advertised and bids were received and read on Tuesday April 26, 2005 for
debris removal in the event of a natural disaster'
AND WHEREAS, bids were received as follows:
Bidder Construction/Demol ition Vegetative Debris
Debris
Coastal Plains Recoverv $11.25/cubic vard $ 8.78/cubic vard
SRS, Inc. $11.50/cubic vard $ 9 45/cubic yard
DRC, Inc. $19.87/cubic vard $11.87/cubic yard
TFR, Inc. $30.00/cubic vard $18.00/cubic vard
Crowder Gulf $16.00/cubic vard $13 .50/cubic vard
D&J Enterorises $ 9 40/cubic vard $ 7.80/cubic vard
Omni Pinnacle $13.50/cubic vard $11.95/cubic yard
Phillios & Jordan $12.43/cubic vard $ 9 47/cubic vard
Tarheel Snecialties, Inc. $ 8.36/cubic vard $ 6.40/cubic vard
AND WHEREAS, Tarheel Specialties, Inc. of Linden, North Carolina is the apparent low
bidder
AND WHEREAS, it is the desire of the Board of Commissioners and the Department of
Environmental Management to have a preposition contract in-place to activate in the event that a
natural disaster should strike New Hanover County.
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AND WHEREAS, no funds will be expended for this contractual arrangement until such
time as a Notice to Proceed is authorized by the Board of Commissioners in response to a natural
disaster;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
New Hanover County that preposition contract Number 05-0292 for the removal of debris caused
by a natural disaster be awarded to Tarheel Specialties, Inc. of Linden, North Carolina, and that
the County is hereby authorized and directed to execute said contract, contract form to be
approved by the County Attorney
This the 16th day of May 2005
ATTEST
~Ll9..VE~OUNTY
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Robert G. Greer, Chairman
Board of County Commissioners
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Sheila L. Schult, Clerk to the Board
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County Fire Services has the following itemized equipment
valued at $8,120.00 and the said equipment is currently insufficient for Fire Service's operation:
Item Description: Serial # FA# Value
Scott Air-Pak 4.50 AP-O I 79900024 014042 $600 00
Scott Air-Pak 4.50 AP-02 79900043 014043 $600.00
Scott Air-Pak 4.50 AP-03 79900008 014044 $600.00
Scott Air-Pak 4.50 AP-04 79900007 014045 $600.00
Scott SKA-PAK Escape Packs AP-13 89010009 015099 $400.00
Scott SKA-PAK Escape Packs AP 14 89010073 015098 $400 00
Scott SKA-PAK Escape Packs AP-15 89010023 015097 $400.00
Scott SKA-PAK Escape Packs AP-16 89110015 015094 $400.00
Scott SKA-PAK Escape Packs R-411 99600020 N/A $400.00
Scott SKA-PAK Escape Packs R-412 99100011 N/A $400.00
Scott 4500 psi AB-OI ALT-695-492 N/A $400.00
Scott 4500 psi AB-02 ALT-695-518 N/A $400 00
Scott 4500 psi AB-03 AL T-695-506 N/A $400.00
Scott 4500 psi AB-04 AL T -695-503 N/A $400.00
Scott 4500 psi AB-05 ALT-695-531 N/A $400.00
Scott 4500 psi AB-06 AL T-695-502 N/A $400.00
Scott 4500 psi AB-07 AL T-695-494 N/A $400.00
Scott 4500 psi AB-08 ALT-695-497 N/A $400.00
Scott A V 2000 SCBA Masks (6 assorted sizes) N/A N/A $120.00
Total Value: $8,120.00
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AND WHEREAS, the Calabash Volunteer Fire Department has a 2001 Covered Fabric
Inflatable Boat ID # XDC6092NBI0l, a Motor ID # 792379801073, a Trailer ID#
IM5BB141111E55285 and a Pump ID# 00110949, that is currently insufficient for the Calabash
Volunteer Fire Department's operation and the sum of all items is valued at $6,000.00;
AND WHEREAS, pursuant to General Statute 160A-274, the County and the Calabash
V olunteer Fire Department desire to exchange equipment and in addition to the equipment
exchange Calabash Volunteer Fire Department will pay New Hanover County Fire Services
$2,12000;
AND WHEREAS, Budget Amendment # 05-0202 is part ofthis agenda item and is
necessary to budget proceeds from the exchange and budget the acquisition value of the assets
received,
AND WHEREAS, pursuant to General Statute 160A-274, the County Board of
Commissioners is authorized to approve such transfer upon such terms and conditions as it deems
wise, with or without consideration;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
New Hanover County that:
I) the various aforementioned surplus New Hanover Fire Services equipment with a
total value of$8,120.00, be exchanged with the Calabash Volunteer Fire
Department for equipment totaling $6,000.00 and additional monetary
consideration of $2, 120 00 for a sum total value of $8, 120.00; and
2) the Calabash Volunteer Fire Department equipment consists ofa 2001 Covered
Fabric Inflatable Boat ID # XDC6092NBI0l, a Motor ID # 792379801073, a
Trailer ID# IM5BB141111E55285, a Pump ID# 00110949 with a total sum value
of$6,000.00 and the monetary payment shall be $2,120.00;and
3) Budget Amendment # 05-0202 to budget proceeds from the exchange and
acquisition value of the assets received; and
4) that the County staffis directed to process any required documents to consummate
the transaction.
This 16th day of May, 2005
(SEAL)
Chairman, Board of County Commissioners
ATTEST
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Clerk to the Board
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, network gear used within an operations computer infrastructure should be replaced
on a five-year schedule to maintain a stable computer environment;
AND WHEREAS, some components within the County's operating environment are greater
than five years old and need to be replaced;
AND WHEREAS, funds were budgeted in the Information Technology's current operational
budget to handle the needed upgrade through an operational lease;
AND WHEREAS, further detailed financial analysis determined that an installment financing
transaction to be more advantageous to the County;
AND WHEREAS, the items needed, in an amount of two hundred forty-six thousand, nine
hundred twelve dollars and seventy cents ($246,912.70) are being purchased through
contract # 05-0115, a two-year term contract previously approved by the Board of Commissioners
October 18, 2004,
AND WHEREAS, pursuant to the requirements of the United States Treasury Regulations
Section 1 I 03-8, the County hereby declares its official intent to reimburse itself with the proceeds
of the financing for any of the expenditures incurred by it prior to the issuance of the financing;
AND WHEREAS, proposals for financing have been received as follows:
Lending Institution Proposed Interest Rate
Bank of America 3.27%
BB&T 3.87%
Cisco Systems 3.92%
Wachovia 3.98%
AND WHEREAS, the Information Technology Director, the Finance Director and the
County Manager recommend the financing be awarded to Bank of America, at a fixed rate of 03.27%
for a fifty-nine (59) month term, in the amount of two hundred forty-six thousand, nine hundred
twelve dollars and seventy cents ($246,912.70);
AND WHEREAS, attached as part of this resolution is budget amendment # 05-0206 which
budgets the proceeds from the financing in the amount of two hundred forty-six thousand, nine
hundred twelve dollars and seventy cents ($246,912.70) and transfers the amount needed for the first
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debt service payment of twenty-six thousand, six hundred fourteen dollars ($26,614.00) from the
Information Technology budget to the installment financing budget for fiscal year ending June 30,
2005
AND WHEREAS, funds budgeted in next year's budget for this purpose will be moved from
the Information Technology budget to the installment financing budget to provide for debt service
payments;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that:
I) budget amendment # 05-0206 which budgets the proceeds from the financing in the
amount of two hundred forty-six thousand, nine hundred twelve dollars and seventy
cents ($246,912.70) and transfers the amount needed for the first debt service
payment of twenty-six thousand, six hundred fourteen dollars ($26,614.00) from the
Information Technology budget to the installment financing budget for fiscal year
ending June 30, 2005 and
2) the financing agreement with Bank of America is approved and the County Manager,
the Finance Director, the County Attorney and their designated staff are hereby
authorized and directed to act on behalf of the County of New Hanover in regard to
the execution of the financing agreement and other actions not inconsistent with this
resolution; and
3) the reimbursement clause as required by the United States Treasury Regulations
Section 1 1 03-8 is adopted in regards to the financing of this acquisition.
This 16th day of May, 2005
(SEAL)
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Chairman, Board of County Commissioners
ATTEST
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Clerk to the Board
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A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, New Hanover County prisoner medical costs adversely impact
budgeting and expenses for New Hanover and other counties; and
WHEREAS, House Bill 1402 would cap prisoner medical expenses at a rate not to
exceed the cost permitted in workers compensation cases; and
WHEREAS, House Bill 1402 could potentially save New Hanover and other counties
millions of dollars annually
NOW, THEREFORE, BE IT RESOLVED THAT New Hanover County endorses
House Bill 1402, an act to provide fairness in medical charges for county prisoners. New
Hanover County's legislators are asked to support the bill in the 2005 Session of the
General Assembly
This the 16th day of May 2005
[SEAL]
N~
Robert G. Greer Chairman
Board of County Commissioners
ATTEST
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Clerk to the Board
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NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 04130105
CURRENT TAX YEAR 2004
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABA TEMENTS
TOTAL TAXES CHARGED
AD VALOREM
$ ] 08,009,979.30
4,171,457.02
286.453.59
$ ]]] ,894,982.73
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
CLEANING LIENS CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
9,0]5.50
]20,68374
11,839.38
$ ]] 2,036,521.35
110,641,916.22
$ ] ,394,605.13
98.76%*
BACK TAXES
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DA TE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$ 4,518,902.83
106,764.] 8
]66,380.37
$ 4,459,286.64
] ,894.355.72
$ 2,564,930.92
42.48%
RENTAL VEHICLE TAX COLLECTIONS
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
APR 2005
25,646.09 $
375,160.02
447 ';0
$
l<.~ ?- '\ ;L I '7
CONSENT AGENDA
DATE.
ITEM NO
MOTOR VEHICLE
$ 9,337,637.86
11,041 14
122.098.34
$ 9,226,580.66
.00
.00
.00
$ 9,226,580.66
7.159.769.48
$ 2,066,81 I 18
77.60%*
F]SCAL YTD
253,432. I 6
5,013,977 14
16,471.51
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY CITY OF WILMINGTON,
WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE $ 177,256,74317
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY I 2004.
RESPECTFULL Y SUBMITTED
PATRICIA J. RAYNOR
COLLECTOR OF REVENUE
* COMBINED COLLECT]ON PERCENTAGE 9715%
""R4:l:-;L~ .:L I 1
CONSENT AGENDA
DATE
ITEM NO
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 04/30/05
CURRENT TAX YEAR - 2004
AD VALOREM
MOTOR VEHICLE
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
$ 3 466,285 94 $
212 424 86
69 990 88-
384 176 54
709 39
5 064 55-
$ 3,608 719 92
5 120 28
$
379,821 38
00
$ 3,613 840 20 $
3,566 328 26-
379 821 38
293 709 36-
$
47,511 94 $
98 69%*
86 112 02
77 33%*
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDED
LESS ABATEMENTS
129,420 46
6 772 55
4,019 62-
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$
132,173 39
64,552 46-
$
67 620 93
48 84%
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2004
,RfSPECTFULLY SUBMITTED
-Yltrn t I '" B ~'i'J'n...
PATRICIA J RAYNOR
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 96 65%
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AUTHORIZING NEW HANOVER COUNTY
TO ENTER INTO AN AGREEMENT WITH
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
WHEREAS, New Hanover County has requested the North Carolina Department of
Transportation to assist in the funding of the Job Access Reverse Commute Continuation
Grant; and
WHEREAS, New Hanover County will provide fifty percent of the cost of the above
described project; and
WHEREAS, at the Board of Commissioners meeting on June 3, 2002, Commissioner
Caster moved, seconded by Vice-Chairman Greer to approve the Job Access Reverse
Commute Grant; and
WHEREAS, the aforementioned motion was carried unanimously' and whereas the
provision of a portion of the service by the Cape Fear Public Transportation Authority
changed the scope of the grant.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board of
County Commissioners is hereby authorized to enter into a contract with the Department
of Transportation and execute all agreements and contracts with the North Carolina
Department of Transportation, Public Transportation Division.
. . h, 16- ""yof""y, 2005/!Ji~
Robert G. Greer, Chairman
ATTEST
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
j>j(tJ6..cA1ffA-7ItJ1V
WHEREAS, the New Hanover County Board of Commissioners is committed to supporting youth,
amateur and professional sporting events; and
WHEREAS, the New Hanover County Board of Commissioners is committed to promoting and
marketing New Hanover County as a premier sports and recreation destination; and
WHEREAS, the New Hanover County Board of Commissioners wishes to attract local, regional
and national sporting events that will foster the ongoing development of New Hanover County and
produce a positive economic impact and improve the quality oflife for the entire Cape Fear area; and
WHEREAS, the Greater Wilmington Sports Commission is a full service clearinghouse for sports
related events and activities in New Hanover County; provides a communication network between
local youth, amateur and professional sports; serves as liaison between sports groups and city,
county and state officials; attracts and assists sport business and event owners in public relations,
marketing and operational management; and measures and provides event economic impact reports
for sporting events brought to the community'
NOW, THEREFORE BE IT PROCLAIMED, that the New Hanover County Board of
Commissioners designates May 2005 as Sporting Wilmington Month in New Hanover County and
will continue to promote and support the Greater Wilmington Sports Commission,
This the 16th day of May, 2005
1?~~
Robert G, Greer, Chairman
Attest:
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Sheila L Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, daily we see ships sail down the Cape Fear River from the Port of Wilmington to the
countries of the world as they have done for centuries, with men, women and material, in the
endeavor ofthis country to 'export freedom to the world;" and
WHEREAS, the men and women of the American Merchant Marine have found that freedom is not
free, having given their lives in this endeavor; and
WHEREAS, the U.S. Congress, in recognition of the importance of the maritime industry did, by
joint resolution, approve and designate May 22, ] 933 and each year thereafter as National Maritime
Day, and authorized and requested the President to issue annually a proclamation calling for its
appropriate observance; and
WHEREAS, this date of May 22 was chosen to commemorate the day in ]8]9 when the SS
;J,flJi SA V ANNAH departed Savannah, Georgia on the first transatlantic steamship voyage; and
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WHEREAS, liberty once won is now again threatened, and the American Merchant Mariner goes
forth in harm s way to supply our Armed Forces as they defend liberty now;
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 22, 2005 be designated National MaritimeDay in New Hanover County,
with the theme 'Liberty Once, Liberty Now," and that citizens are urged to attend the services
honoring all Merchant Mariners at the Maritime Day Festival at the North Carolina State Port of
Wilmington, on Saturday, May 22, 2005
Adopted the ] 6th day of May, 2005
~H~~
Robert G. Greer, Chairman
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Attest
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMA nON
WHEREAS, North Carolina museums enhance the quality of life for all our citizens, and
attract more than ] 0 million visitors annually thereby significantlv contributing to our
State's economy The local economies of our cities and counties are greatly enhanced bv
the efforts of these museums each year; and
WHEREAS, nearly five-hundred museums, zoos, aquariums, galleries, science centers,
and local and regional historic sites in the state contribute to a high quality of cultural
activity in all one-hundred North Carolina counties. Museums also strengthen the
educational opportunities of North Carolina students and adults; and
WHEREAS, regular visits by school groups to the State s museums give children the
chance to be exposed to outstanding examples of historical, natural and artistic exhibits.
Museums offer learning opportunities which are not availab]e in the classroom setting;
and
WHEREAS, education is not limited to children; museums provide a lifelong learning
experience for adults, as well, and
WHEREAS, museums provide an understanding and awareness of culture and nature
that can be rewarding for all our citizens;
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May ]5-2],2005 be recognized as Museum Week in New Hanover
County;
AND, BE IT FURTHER PROCLAIMED, that Mav ] 8, 2005 be recognized as
Illternatiollal Museum Day and that New Hanover County citizens are especially
encouraged to take advantage of the educational and cultural resources of the State's
museums.
Adopted this the ] 6th day of May 2005
?U4~
Robert G. Greer Chairman
Attest:
Sheila 1. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, New Hanover County with its rich nautical history, the bcauty and bounty
of its rich coastal environment, rivers and waterways, provides a prime source of
rewarding recreation to residents and visitors; and,
WHEREAS, public education of our citizens regarding safety around water and boating
is aj oint responsibility oflocal and state governments, the National Safe Boating Council,
United States Coast Guard, United States Coast Guard Auxiliary, United States Power
Squadrons, Cape Fear Power Squadron and other groups; and
\\THEREAS, the safe boating educational services of these many groups are of vital
importance to the citizens and visitors of New Hanover County, as the majority of boating
accidents are caused by human elTor or poor judgment and not by boat, equipment or
environmental factors; and,
WHEREAS, the Cape Fear Power Squadron, founded in 1951 has supplied 54 years of
continuous service in conducting safe boating classes, cooperative charting cOlTections
and vessel safety examinations for recreational boaters, and works to bring awareness of
safe boating practices to all citizens;
NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of
Commissioners declares the week of May 21-27 as Safe Boating Week in New Hanover
County, and encourages its citizens and visitors to take a safe boating class and vessel
safety check offered by the Cape Fear Power Squadron, and to follow the Squadron's
recommendation to never boat under the influence of alcohol or drugs and to wear life
jackets.
This the 16th day of May, 2005
1JJA~
Robert G. Greer, Chairman
Attest:
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Sheila Schult, Clerk to the Board
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NEW HANOVER COUNTY BOillD OF COMMISSIONERS
~SOLU'A'.IO.N"
"'HEREAS, North Carolina ]s in nced of advocacy at the state level for dealmg with
issues specific to beach, coastal and river communilIes,partlcularlvpublic beach and
waterway conservation and restoration and maintenance of our deep channel ports
as well as the Intracoastal Waterway; and
WHEREAS, the recently adopted Coastal Habitat Protection Plan calls for a
statewIde beach and inlet management plan, and
WHEREAS, the Coastal Habitat Protection Plan mandates a Beaeh and Inlet
Management Plan and creates the North Carolina Beach, Waterway and Public
Access Fund; and
"THEREAS, recent cuts in federal budgeting for beach nourishmcnt and channel
dredging projects create a need to begin seeking possible state and local funding
while continuing to seek federal funds;
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board
of Commissioners endorses HB 1542, titled "The Beach and Coastal Waterways
Conservation, RestoratIOn and Public Access Act" which creates the North
Carolina Beach and "Taterway Council to act as an advisory board to the Secretary
of the Department of Environment and Natural Resources regarding plans and
policies for beaches, inlets and waterways.
This the 16th day ofMav, 2005
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Robert G. Greer, Chaim1an
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Attest:
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Sheila Schult, Clerk to the Board
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NEW HANOVER COUNTY
NORTH CAROLINA
Accepting Time Warner Cable's Proposed 2005 Cable Service Rates Stated in its FCC
Forms 1240, 1235 and Form 1205 Filed for New Hanover County
WHEREAS, New Hanover County, North Carolina ("County") has initiated the regulation of
rates and charges for the provision of basic service, equipment and installation of cable television
pursuant to the Cable Television Consumer Protection and Competition Act of 1992,
WHEREAS, the County is certified by the FCC to regulate basic service tier rates and permitted
to regulate rates for basic cable service, equipment and installation;
WHEREAS, Time Warner Cable is a duly franchised cable operator for the County and whose
rates for basic service, equipment and installation are regulated by the County'
WHEREAS, on September 30 2004 the County received the following forms: 1240 1235 and
1205 from Time Wamer Cable;
WHEREAS, the County has received and carefully considered the forms 1240, 1235 and 1205,
WHEREAS, the form 1240 sets the regulated rate for the Basic Service Tier'
WHEREAS, the form 1240 rate calculations properly calculate inflation, programmmg,
copyright fees;
WHEREAS, the form 1235 sets the regulated rate for the Monthly Network Upgrade Add-on
charge;
WHEREAS, the form 1205 properly sets the regulated rate for Installation and Equipment;
WHEREAS, Time Wamer Cable was given the opportunity to provide written comments to the
County with respect to the rates and the draft form of this Rate Order; and
WHEREAS, the County has carefully considered the materials, forms and statements submitted
by Time Warner Cable.
Now, Therefore, County of New Hanover, North Carolina Makes the Following Findings of
Fact and Conclusions of Law with Respect to the Proposed Rate to be Charged Time
Warner Cable Customers:
The County incorporates by reference all of the preamble set forth above;
The County finds that Time Warner Cable s Maximum Permitted Rate for Basic Tier Service
($6.81) as set forth in the form 1240 does comply with the FCC's rate rules;
I<. I L
The County finds that Time Warner Cable's Up Grade Network Charge as set forth in form 1235
does comply with the FCC's rate rules;
The County finds that the Installation and Equipment rates set forth in the form 1205 comply
with the FCC's rate regulations.
Now, Therefore, Be it Ordered by the County of New Hanover, North Carolina, That:
Time Warner Cable's Maximum Permitted Rate for Basic Tier Service rate contained in the form
FCCI240 does comply with the FCC's rate regulations and is hereby accepted;
Time Warner Cable is permitted to implement its form 1240 $6.81 rate beginning January I,
2005
Time Warner Cable's form 1235 $0.50 "Add-on" rate complies with the FCC's rules and
Time Warner Cable is permitted to implement this rate January 1,2005,
Time Warner Cable's Installation and Equipment rates contained in the form 1205 comply with
the FCC's rate regulations and are accepted;
The County adopts the Report as its own;
The County reserves its rights to review and consider any new information and issue a revised
Rate Order based on that evidence;
This Rate Order will be effective immediately and provided to Time Warner Cable via US
Certified Mail, and
By'
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A copy of this Rate Order shall be released to the public.
Approved this the 16th Day of May, 2005.
Attest:
Robert G. Greer, Chairman
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Sheila Schult, Clerk to the Board
Deliver via Certified U.S. Mail to: TWC - Wilmington Division
File copy to Robert F Sepe, Action Audits, LLC @ 101 Pocono Lane, Cary NC 27'i 13