1995-06-05 RM Exhibits
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 4'00 p.m. on the 16th day of May, 1995, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for Grate Parts
for Volund Boiler for the W ASTEC Facility of the Environmental Management Department,
Bid # 95-0320
Volund Ecology System NS
$47,12861 (plus freight & DDD costs)
AND WHEREAS, the Environmental Management Director, the Finance Director and the
County Manager recommend that the contract be awarded to Volund Ecology System NS, the only
~esponsible bidder, in the amount of Forty-seven Thousand One Hundred Twenty-eight Dollars and
Sixty-one Cents ($47,128.61) plus freight and DDD costs,
AND WHEREAS, funds have been previously appropriated and are now in Account No.
700-485-4195-3920 to cover this contract; -
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for Grate Parts for Volund Boiler for the W ASTEC Facility of the
Environmental Management Department, Bid # 95-0320 be awarded to Volund Ecology System NS
in the amount of Forty-seven Thousand One Hundred Twenty-eight Dollars and Sixty-one Cents
($47,128 61) plus freight and DDD costs, and that the County is hereby authorized and directed to
execute the contract, contract form to be approved by the County Attorney
This 5th day of June, 1995.
11~
Chairman, Board of County Commissioners
ATTEST'
~~~
Cle 0 the Board
-----
;;
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, at the May 1, 1995 meeting of the Board of Commissioners of New Hanover
County, the New Hanover County Department of Aging was designated as Lead Agency for the
Home and Community Care Block Grant for older adults and the recommended County Funding Plan
as outlined by the Home and Community Care Block Grant Committee was approved;
AND WHEREAS, based on the funding plan accepted, the following proposals were received
for Adult Day Care and In-Home Aide Services.
Adult Day Care:
Elderhaus
$23 07 per unit of service
In-Home Aide Sen,ices
DMS Progressive Services
Assisted Care
Well Care Nursing Services
Level 1*
$ 8 65
$ 9 83
$10 18
Level 11*
$ 9 65
$ 9 98
$10 48
Level 111*
$ 9 65
$ 9.98
$10 48
*cost per unit of service
AND WHEREAS, proposals were evaluated according to the following criteria.
Completeness of Proposal
Agency Information
Qualifications of Bidder to Provide Service
Level of Services
Unit Cost
Responsiveness to Target Population
AND WHEREAS, after review and evaluation the recommendation made by Home and
Community Care Block Grant Committee is to award contract # 95-0251 for In-Home Aide Services
to Well Care Nursing Services and contract # 95-0305 for Day Care Services to Elderhaus;
AND WHEREAS, the New Hanover County Department of Aging, as lead agency for New
Hanover County has prepared the Home and Community Care Block Grant for Older Adults based
upon the recommendations made by the Home and Community Care Block Grant Committee,
AND WHEREAS, contracts are contingent upon receipt of Federal and State funds;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
~
.
Hanover County that the contract for Day Care Services, Contract # 95-0305 be awarded to
Elderhaus, and that the contract for In-Home Aide Services, Contract # 95-0251 be awarded to Well
Care Nursing Services, and that the Home and Community Care Block Grant for Older Adults
prepared by the New Hanover County Department of Aging be approved and submitted to the Cape
Fear Council of Governments, County is hereby authorized and directed to execute the contracts,
contract form to be approved by the County Attorney
/flJd~-
Chairman, Board of County Commissioners
ATTEST
~'(/~
CI rk 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 3.30 P m. on the 16th day of May, 1995, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for three
drum water level indicator systems for the W ASTEC Facility of the Environmental Management
Department, Bid # 95-0318
Diamond Power Specialty Company
Hayden Consulting
$26,160.00 (plus shipping)
$31,98000
AND WHEREAS, the Environmental Management Director, the Finance Director and the
County Manager recommend that the contract be awarded to Diamond Power Specialty Company,
the lowest responsible bidder, in the amount of Twenty-six Thousand One Hundred Sixty Dollars
($26,160.00) plus shipping;
AND WHEREAS, funds have been previously appropriated and are now in Account No
700-485-4195-3920 to cover this contract,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for three drum water level indicator systems for the W ASTEC
Facility of the Environmental Management Department, Bid # 95-0318 be awarded to Diamond
Power Specialty Company in the amount of Twenty-six Thousand One Hundred Sixty Dollars
($26,160.00) plus shipping; and that the County is hereby authorized and directed to execute the
contract, contract form to be approved by the County Attorney.
This 5th day of June, 1995
1?LIM-
Chairman, Board of County Commissioners
ATTEST
~X/~
CI 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 16th day of May, 1995, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for Grate
Parts for Detroit Stoker Boiler for the W ASTEC Facility of the Environmental Management
Department, Bid # 95-0316.
Detroit Stoker Company
Hayden Consulting
$59,227.92
$66,03945
AND WHEREAS, the Environmental Management Director, the Finance Director and the
County Manager recommend that the contract be awarded to Detroit Stoker Company, the lowest
responsible bidder, in the amount of Fifty-nine Thousand Two Hundred Twenty-seven Dollars and
Ninety-two Cents ($59,227 92);
AND WHEREAS, funds have been previously appropriated and are now in Account No
700-485-4] 95-3920 to cover this contract,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for Grate Parts for Detroit Stoker Boiler for the W ASTEC Facility
of the Environmental Management Department, Bid # 95-0316 be awarded to Detroit Stoker
Company in the amount of Fifty-nine Thousand Two Hundred Twenty-seven Dollars and Ninety-two
Cents ($59,227.92); and that the County is hereby authorized and directed to execute the contract,
contract form to be approved by the County Attorney
This 5th day of June, 1995
1?~,.
Chairman, Board of County Commissioners
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 230 p.m on the 16th day of May, 1995, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for
economizer tubes for the W ASTEC Facility of the Environmental Management Department,
Bid # 95-0315.
Kentube Engineered Products, L.L.C
Hayden Consulting
$28,130 20 (plus shipping costs)
$29,891.45
AND WHEREAS, Hayden Consulting was unable to provide manufacturer's warranty as
required and is therefore deemed non-responsive;
AND WHEREAS, the Environmental Management Director, the Finance Director and the
County Manager recommend that the contract be awarded to Kentube Engineered Products, L L c.,
the lowest responsive bidder, in the amount of Twenty-eight Thousand One Hundred Thirty Dollars
and Twenty Cents ($28,13020) plus shipping costs,
AND WHEREAS, funds have been previously appropriated and are now in Account No.
700-485-4195-3920 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for economizer tubes for the W ASTEC Facility of the
Environmental Management Department, Bid # 95-0315 be awarded to Kentube Engineered
Products, L.L C, in the amount of Twenty-eight Thousand One Hundred Thirty Dollars and Twenty
Cents ($28,13020) plus shipping costs, and that the County is hereby authorized and directed to
execute the contract, contract form to be approved by the County Attorney.
This 5th day of June, 1995
(SE
1l~~-
Chairman, Board of County Commissioners
.~..
~
INTRODUCED BY: Allen O'Neal, County Manager
DATE: June 5, 1995
RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE
REAL PROPERTY LOCATED AT 1103 DAWSON STREET AND 1107 DAWSON STREET
LEGISLATIVE INTENT/PURPOSE:
This resolution relates to the proposed sale of surplus property jointly
owned by the City of Wilmington and New Hanover County, more particularly
identified as follows:
Parcel Number
054-10-023-007.000
054-10-023-010.000
Address
1103 Dawson Street
1107 Dawson Street
Amount of Offer
$1,200.00
$2,600.00
Tax Value
$1,865.00
$2,364.00
Offerer
New Covenant Holiness Church
1102 Dawson Street
Property Dimensions
33 x 66 (1103 Dawson)
93 x 33 (1107 Dawson)
Market Value
$1,200.00
$2,600.00
This property has been offered to Wilmington Housing Finance and Development,
Inc. and Cape Fear Habitat for Humanity. Neither organization could use the
property in their program.
The offerer(s) has agreed to pay the amount(s) indicated above for the
parcel(s) identified.
The parcel(s) has been declared surplus by the County Commissioners and not
needed for public purposes.
RESOLVED:
1. That pursuant to N.C.G.S. 160A-269, the County Commissioners does hereby
propose to accept the offer(s) to purchase identified herein from the
offerer(s) as indicated.
2. That New Hanover County reserves the right to reject any and all offers.
3. That New Hanover County will retain any deposit posted by the offerer(s)
when:
a. The offer is withdrawn after posting the deposit.
b. The offerer(s) fail to pay the balance of an approved offer, due in
cash, within ten (10) days of receipt of a notice by certified mail of
availability of the deed of conveyance.
4. The offerer(s) shall deposit the sum of 5% of the total offer immediately
following adoption of this resolution.
I
.;
5. That the Clerk of the Board of Commissioners will publish a notice of the
offer(s) as required by N.C.G.S. 160A-269.
Adopted at a~lar
meeting on ~
{/
A~,~~
Clerk to tfie Board
, 1995
New Hanover County Board of
C~iO'f1: .t..
~ J~__-->,
.
Chairman
.
~
ADVERTISEMENT FOR UPSET BID
SALE OF SURPLUS PROPERTY
BY THE CITY OF WILMINGTON AND/OR NEW HANOVER COUNTY
By resolutions duly adopted by the City Council of the City of Wilmington
and the Board of Commissioners of New Hanover County, the City of Wilmington
and New Hanover County proposes to accept an offer to purchase a certain parcel
of real property located in New Hanover County owned by the City of Wilmington
and/or New Hanover County. The identification of the offer is as follows:
TAX PARCEL NO: R0054-10-023-007.000
ADDRESS: 1103 Dawson Street '
OFFERER: New Covenant Holiness Church
AMOUNT OF OFFER: $1,200.00
TAX PARCEL NO: R0054-10-023-010.000
ADDRESS: 1107 Dawson Street
OFFERER: New Covenant Holiness Church
AMOUNT OF OFFER: $2,600.00
The offer to purchase is subject to the following terms and conditions:
(1) That the offers are unconditional and may not be revoked.
(2) That the City of Wilmington and/or New Hanover County shall retain as
liquidated damages any deposit posted if any offerer fails to pay the
balance due in cash and secure the deed within 10 days of notice by
certified mail or if returned undelivered within 10 days of the last
attempted delivery.
(3) That all sales are subject to final approval by the City Council of
the City of Wilmington and/or the Board of Commissioners of New
Hanover County.
(4) That the use of the property and construction of any structures
improvements, changes or additions shall at all times comply with all
applicable federal, state or local laws, rules and regulations.
The proposed sale of this property is being conducted pursuant to North
Carolina General Statute 160A-269 and is subject to upset bid. The public will
take notice that within ten days after publications of this advertisement, any
person may raise the bid by not less than 10% of the first $1,000 and 5% of the
remainder. Upset bids may be in writing and must be delivered to the City
Clerk, accompanied by a deposit of 5% of the total increased bid. The deposit
must be by cash, cashier's check, certified check or bid bond. Upon receipt of
an upset bid, the City Clerk shall readvertise th~ offer at the increased bid
and otherwise follow the statutory procedures until no further qualifying upset
bids are received. When no further qualifying bids are received, the City
Council and/or Board of Commissioners may accept the offer and sell the
property to the highest bidder for cash.
The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County reserve the right to reject any and all
.
.~
offers at any time. The proposed sale is made subject to the above conditions
together with all outstanding ~axes, liens or other encumbrances, if any; title
shall be conveyed by bargain and sale deed without warranty; and the property
will be sold in its present condition "as is" without any improvements by the
city.
The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County intend to decide whether it will accept or
reject the highest offer within a reasonable time not to exceed thirty days
from the date of the published advertisement. Any and all deposits shall be
forfeited if a bid is accepted by the City and then withdrawn by the bidder.
This the 19th day of June, 1995.
A. PENELOPE SPICER-SIDBURY, CITY CLERK
LUCIE HARRELL, COUNTY CLERK
Published: June 19, 1995
~
~' -
INTRODUCED BY: Allen O'Neal, County Manager
DATE: June 5, 1995
RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE
REAL PROPERTY LOCATED AT 707 MEARES STREET
LEGISLATIVE INTENT/PURPOSE:
This resolution relates to the proposed sale of surplus property jointly
owned by the City of Wilmington and New Hanover County, more particularly
identified as follows:
Parcel Number
054-13-009-011.000
Address
707 Meares Street
Amount of Offer
$1,500.00
Tax Value
$2,376.00
Offerer
Phillip & Gloria Fields
1019 S. 7th Street
Property Dimensions
33 x 75
Market Value
$1,500.00
This property has been offered to Wilmington Housing Finance and Development,
Inc. and Cape Fear Habitat for Humanity. Neither organization could use the
property in their program.
The offerer(s) has agreed to pay the amount(s) indicated above for the
parcel(s) identified.
The parcel(s) has been declared surplus by the County Commissioners and not
needed for public purposes.
RESOLVED:
1. That pursuant to N.C.G.S. 160A-269, the County Commissioners does hereby
propose to accept the offer(s) to purchase identified herein from the
offerer(s) as indicated.
2. That New Hanover County reserves the right to reject any and all offers.
3. That New Hanover county will retain any deposit posted by the offerer(s)
when:
a. The offer is withdrawn after posting the deposit.
b. The offerer(s) fail to pay the balance of an approved offer, due in
cash, within ten (10) days of receipt of a notice by certified mail of
availability of the deed of conveyance.
4. The offerer(s) shall deposit the sum of 5% of the total offer immediately
following adoption of this resolution.
5. That the Clerk of the Board of Commissioners will publish a notice of the
offer(s) as required by N.C.G.S. l60A-269.
Adop~ed at ~egular
meet1ng on ~I ,~
ATTEST:
~,~/~
Clerk to the Board
, 19f.5'
Ne~~x:of
Cha1rman
ADVERTISEMENT FOR UPSET BID
SALE OF SURPLUS PROPERTY
BY THE CITY OF WILMINGTON AND/OR NEW HANOVER COUNTY
By resolutions duly adopted by the City Council of the City of Wilmington
and the Board of Commissioners of New Hanover County, the City of Wilmington
and New Hanover County proposes to accept an offer to purchase a certain parcel
of real property located in New Hanover County owned by the City of Wilmington
and/or New Hanover County. The identification of the offer is as follows:
TAX PARCEL NO: R0054-13-009-011.000
ADDRESS: 707 Meares Street
OFFERER: Phillip and Gloria Fields
AMOUNT OF OFFER: $1,500.00
The offer to purchase is subject to the following terms and conditions:
(1) That the offers are unconditional and may not be revoked.
(2) That the City of Wilmington and/or New Hanover County shall retain as
liquidated damages any deposit posted if any offerer fails to pay the
balance due in cash and secure the deed within 10 days of notice by
certified mail or if returned undelivered within 10 days of the last
attempted delivery.
(3) That all sales are subject to final approval by the City Council of
the City of Wilmington and/or the Board of Commissioners of New
Hanover County.
(4) That the use of the property and construction of any structures
improvements, changes or additions shall at all times comply with all
applicable federal, state or local laws, rules and regulations.
The proposed sale of this property is being conducted pursuant to North
Carolina General Statute l60A-269 and is subject to upset bid. The public will
take notice that within ten days after publications of this advertisement, any
person may raise the bid by not less than 10% of the first $1,000 and 5% of the
remainder. Upset bids may be in writing and must be delivered to the City
Clerk, accompanied by a deposit of 5% of the total increased bid. The deposit
must be by cash, cashier's check, certified check or bid bond. Upon receipt of
an upset bid, the City Clerk shall readvertise the offer at the increased bid
and otherwise follow the statutory procedures until no further qualifying upset
bids are received. When no further qualifying bids are received, the City
Council and/or Board of Commissioners may accept the offer and sell the
property to the highest bidder for cash.
The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County reserve the right to reject any and all
offers at any time. The proposed sale is made subject to the above conditions
together with all outstanding taxes, liens or other encumbrances, if any; title
shall be conveyed by bargain and sale deed without warranty; and the property
will be sold in its present condition "as is" without any improvements by the
city.
The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County intend to decide whether it will accept or
reject the highest offer within a reasonable time not to exceed thirty days
from the date of the published advertisement. Any and all deposits shall be
forfeited if a bid is accepted by the City and then withdrawn by the bidder.
This the 19th day of June, 1995.
A. PENELOPE SPICER-SIDBURY, CITY CLERK
LUCIE HARRELL, COUNTY CLERK
Published: June 19, 1995
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
SLEEPY HOLLOW LANE
WHEREAS, the attached 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 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 road(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
5th day of June , 1995.
;;:~N~SS
my hand and official seal this the
, 1995.
~.A)
day of
of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
resolute.wp
t>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:
INLET ACRES DRIVE
WHEREAS, the attached 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 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 road(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
5th day of June , 1995.
~ITNESS my hand and official
~ , 1995.
seal this the
~~
day of
Board of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
ROADS IN CROSSWIND SUBDIVISION
WHEREAS, the attached 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 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 road(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
5th day of June , 1995.
my hand and official seal this the ~
, 1995.
day of
of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
ROADS IN ARROWHEAD SUBDIVISION
(DIVISION FILE NO. 833-N)
WHEREAS, the attached 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 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 road(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
5th day of June , 1995.
my hand and official seal this the ~
, 1995.
day of
~.'ftl~~
New Hanover County Board of
commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
ROADS IN GLENWOOD SUBDIVISION
(DIVISION FILE NO. 826-N)
WHEREAS, the attached 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 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 road(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
5th day of June , 1995.
my hand and official seal this the ~
, 1995.
day of
Board of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
resolute.wp
)
~ _#... --,
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 5, Article IV, is hereby amended as follows:
Add a new subsection, to be captioned Section 5-110:
Sec. 5-110. Obtaining metered electrical service prior to certificate of occupancy.
In the event a developer/builder desires to obtain metered electrical service prior to
issuance of a certificate of occupancy, the developerlbuilder must furnish a one thousand dollar
($1,000.00) cash deposit or letter of credit for each unit (hereinafter referred to as "bond"). Upon
furnishing the bond, application for metered electrical service may be made in the
developerlbuilder's name provided that the electrical inspection required by GS Section 130A-
339 is first obtained and all other requirements of the General Statutes are satisfied.
If multiple units are being constructed, however, and a developer/builder wishes to obtain
metered electrical service for more than five (5) units prior to issuance of certificate of
occupancy, the developer/builder need submit no more than a five thousand ($5,000) cash
deposit or letter of credit.
The electrical service shall not be changed out of developerlbuilder's name prior to the
issuance of an appropriate certificate of occupancy, and no person shall occupy the premises
prior to issuance of the certificate of occupancy. Violation of any of the above referenced
conditions shall result in bond forfeiture and developerlbuilder's disqualification from
participating in said bonding option for a period of eighteen (18) months. Upon any subsequent
violation said developerlbuilder shall be permanently disqualified from participating hereunder.
Any and all other available penalties, citations, and legal sanctions shall also be applicable for
violations hereof.
Except as above specifically amended, the balance of said article shall remain as
previously enacted, in full force and effect.
ADOPTED this 4:Zl- day of ~ _ , 1995
NEW HANOVER COUNTY
~
Robert G. Greer, Chairman
Board of Commissioners
NEW HANOVER COUNTY BOARD OF C011MlSSIONERS
RESOLUTION
WHEREAS, New Hanover County recognizes the importance of provid-
ing safe access to the County's public waterways for the recreation and enjoy-
ment of all County residents and visitors; and,
WHEREAS, the New Hanover County Board of Commissioners recog-
nizes the need to make all facilities accessible to physically and mentally chal-
lenged individuals; and,
WHEREAS, continued improvement to the County's parks will enhance
the quality of life which will boost the County's tourism economy and economic
development effort;
N OW, THEREFORE, BE IT RESOLVED by the New Hanover County
Board of Commissioners that the grant application from the County to the
N.C. Division of Coastal Management seeking $17,625 in funds for the
development of the proposed improvements at the County's Riverside Park
property be approved; and that the County will contribute $3,375 in cash
and $2,500 in-kind services as allocated in the County Park Department's
FY 1995-96 proposed budget, if the application is approved by the State.
Adopted, this the fifth day ofJune 1995
1?~
Robert G. Greer, Chairman
~
PROJECT ORDINANCE
OGDEN INTERCEPTOR CAPITAL PROJECT
BE IT ORDAINED, by the Board of Commissioners of the New
Hanover County Water and Sewer District:
1. New Hanover County Water and Sewer District (District) 1S
engaged in the Contruction of the Ogden Interceptor Capital
Project, which capital project involves the construction and/or
acquisition of capital assets.
2. District 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 proj ect ordinance 1S adopted pursuant to North
Carolina General Statute $159-13.2.
2. The project undertaken pursuant to this ordinance is the
Construction of the Ogden Interceptor Capital Project which
project is herewith authorized.
3. The revenue that will finance said project is:
Installment Financing $4,500,000
Total $4,500,000
4. The following appropriations necessary for the project are
herewith made from the revenue listed above:
Engineering/Design $ 225,500
Land Acquisition $ 20,000
~
Construction
Total
$4,254,500
$4,500,000
5. This project ordinance shall be entered In the minutes of
the Board of Commissioners of the New Hanover County Water and
Sewer District. 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
~
day of ~
~
, 1995.
PROJECT ORDINANCE
NORTH CHASE INTERCEPTOR CAPITAL PROJECT
BE IT ORDAINED, by the Board of Conunissioners of the New
Hanover County Water and Sewer District:
1. New Hanover County Water and Sewer District (District) is
engaged in the Contruction of the North Chase Interceptor Capital
Project, which capital project involves the construction and/or
acquisition of capital assets.
2. District 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 proj ect 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 North Chase Interceptor Capital Project which
project is herewith authorized.
3. The revenue that will finance said project is:
Installment Financing $2,500,000
Total $2,500,000
4. The following appropriations necessary for the project are
herewith made from the revenue listed above:
Total
$2,500,000
$2,500,000
Construction
,
~
5. This project ordinance shall be entered in the minutes of
the Board of Commissioners of the New Hanover County Water and
Sewer District. 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 ~
day of ~~
, 1995.
A RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
SUPPORTING HOUSE BILL 1060
"AN ACT AMENDING THE GENERAL STATUTES RELATING TO THE
CONSOLIDATION OF CITIES AND COUNTIES AND CONSOLIDATED CITY-
COUNTY TAXATION AND FINANCE"
WHEREAS, the New Hanover County Commissioners and Wilmington City Council are
currently preparing a plan for the consolidation of the County and City governments and a
referendum on the plan is scheduled for the fall of 1995; and
WHEREAS, it has been determined that certain technical changes to the statutory
provisions relating to County-City consolidation are necessary if a referendum occurs prior to the
approval of the plan for consolidation by the General Assembly; and
WHEREAS, Representative Danny McComas has introduced House Bill 1060 to make
the necessary technical changes to the General Statutes and the County Commissioners desire to
support such changes to ensure the effectiveness of any plan that may be approved by the voters;
and
WHEREAS, the County Commissioners further support any changes to House Bill 1060
that will clarify the question on debt assumption to be submitted at a referendum on
consolidation,
NOW, THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY
BOARD OF COMMISSIONERS THAT:
The County Commissioners hereby express their support for House Bill 1060 with any
necessary clarifying amendments.
Adopted this the 5th day of June, 1995.
New Hanover County
ATTEST:
~I(//!~
erk to the Board
2~
Robert G. Greer, Chairman
Board of County Commissioners
.,~'
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, LUCIE F. HARRELL, Clerk of the Board of
Commissioners of the County hereinafter described, DO HEREBY
ss. :
CERTIFY as follows:
1. A regular meeting of the Board of Commissioners of
the County of New Hanover, a county located in the State of North
Carolina, was duly held on June 5, 1995, proper notice of such
meeting having been given as required by North Carolina statutes,
and minutes of said meeting have been duly recorded in the Minute
Book kept by me in accordance with law for the purpose of
recording the minutes of said Board.
2. I have compared the attached extract with said
minutes so recorded and said extract is a true copy of said
minutes and of the whole thereof insofar as said minutes relate
to matters referred to in said extract.
3. Said minutes correctly state the time when said
meeting was convened and the place where such meeting was held
and the members of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and
have hereunto affixed the corporate seal of said County, this
~ day of June, 1995.
New
EXTRACTS FROM MINUTES OF COUNTY BOARD OF COMMISSIONERS
A regular meeting of the Board of Corranissioners of New Hanover County (the "Board")
was duly held on June 5, 1995, at the place established for the Board's regular meetings
in Wilmington, North Carolina, and the following members were present and absent:
PRESENl':
Robert G. Greer, Chairman
E.L. Mathews, Jr., Vice-Chairman
Sandra Barone
William A. Caster
William Sisson
ABSENl':
None
*
*
*
*
*
*
01airman, Robert G. Greer
presented the
following resolution and moved that it be adopted:
WHEREAS, the bond order hereinafter described has taken
effect and the Board of Commissioners of the County of New
Hanover (the "Issuer") has issued $5,000,000 School Bond
Anticipation Notes dated September 27, 1994, payable June 21,
1995 to borrow money for the purposes for which bonds are
authorized to be issued by said bond order; and
WHEREAS, the Board of Commissioners of the Issuer
desires to renew the foregoing notes in anticipation of the
receipt of the proceeds of the sale of said bonds, as hereinafter
provided; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
Issuer, as follows:
(1) The sum of $5,000,000 will be borrowed by the
Issuer in anticipation of the receipt of the proceeds of the sale
of bonds authorized to be issued by the school bond order,
adopted by the Board of Commissioners of the Issuer on January 3,
1994, for the purpose for which said bonds are authorized to be
issued. Negotiable notes, each designated "School Bond
Anticipation Note", shall be issued for said sum so borrowed.
(2) Said notes shall be dated June 20, 1995, shall be
payable September 7, 1995, and shall bear interest from their
date at a rate which shall not exceed eight per centum (8%) per
annum. Such interest shall be payable at the maturity of the
said notes. Each of said notes shall be signed by the Chairman
and the Clerk of the Board of Commissioners of the Issuer and the
seal of the Issuer shall be affixed to each of said notes.
(3) The power to fix the rate of interest to be borne
by said notes and to determine the denomination or denominations
of the notes and the place of payment of the notes is hereby
delegated to the Chairman and the Clerk of the Board of
Commissioners of the Issuer who are hereby authorized and
directed to cause said notes to be prepared and to execute said
-2-
notes when they shall have been sold by the Local Government
Commission of North Carolina.
(4) The Chairman and the Clerk of the Board of
Commissioners of the Issuer are hereby authorized to make
application to the Local Government Commission of North Carolina
for its approval of said notes in the manner prescribed by The
Local Government Finance Act. Said Local Government Commission
is hereby requested to sell the notes in the manner prescribed by
said Act. Said notes, when they shall have been sold by said
Commission in the manner provided by law and when they shall have
been executed in the manner prescribed by this resolution, shall
be turned over to the State Treasurer of the State of North
Carolina for delivery to the purchasers to whom they may be sold
by said Commission.
(5) The Issuer covenants to comply with the provisions
of the Internal Revenue Code of 1986, as amended (the IICodell), to
the extent required to preserve the exclusion from gross income
of interest on the notes for Federal income tax purposes.
(6) The power to make any election on behalf of the
Issuer with respect to the arbitrage rebate provisions of the
Code applicable to the notes is hereby delegated to the Chairman
of the Board of Commissioners and Finance Officer of the Issuer.
-3-
'.
AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVE~
; NOTICE OF SALE .
. COUNTY OF NEW HANOVER
NORTH CAROLINA
$5,000,000
SCHOOL BOND
ANTICIPATION NOTES
Before the undersigned, a Notary Public of said County and State,
Sealed bids will ba received ~n-
. til 11 o'clock A,M" North Carolina
I Time. June 6, ~995, by the under-
I signed at its office In the A1bamarle
, Building, 4th Aoor, Room 411, ~25
North Salisbury Stre.et, ~alelgh"
North Carolina, at which tIme and ,
place such bids will ba ~ed ,lor
$5 000 000 School Bond Anticipation
Notes 01 the County of New Hanover,
Nor1h Carolina (the "County"), dated
June 20, 1995, and maturing Sep-
tembar 7, 1995, wltholJtopllon 9!:pri-
or payment, Interest Ili'~
riIy on a, 36Q-day basIS; 1118~,
no auctoon.
Bidders are requested
the denomination or deno ,
($100,000 minimum), the Int ,
rate and the city or town and . ".\
trusicompany therein at whICh pnncl'
pal and interest shall ba payable, J:'e
notes will ba awarded at not 19S5biddan
r and accrued Interest to the er
~ering to purchase the noleS at the
lowest interest cost to the County,
such cost to ba determined by de-
ducting the tolel amount 01 any p~~mli
um bid lrom the aggregntialteth~tu~_
interest on the notes u 20 i
Iy' Delivery on or abOut June, ':
1995. at place of purchasers cholC9,
, against payment therefor In FEDER-
AL RESERVE AJNDS. t
Each bid must ba submitted on I
I to ba furnished with addttional I
~I~;:::atiOn by the undersigned, m:?C:ust i
ba enclosed In a se~led enve ,
marked "Bid for Notes , and must
accompanied by an olIiclal ban~
check a cashier's check, or a certi-
fied check upon an Incorporated bank
trust compmly lor $25,000, pay-
~Ie uncondttionally to the order ?-I
the State Treasurer 01 North Caro ':
na, on which no I~ectloerest Yf~: :III
lowed Award or r9J n 0
ba mBde on the date abOve stated for ,
receipt 01 bids and the checks 01 un-
successlul bidders will ba returned
Immediately. The check 01 the suc-
cessful bidder will ba cashed by the
State Treasurer and invested lor the
banefit 01 the Counly and at cIoS~ '
the principal amount .01 such ch
will ba applied as partial payment for
the notes. In the event the s~ful
bidder shall lail to comply .ror ~
terms 01 his bid, thenedProceedands 0 fo~ lull
check will ba retel as
Ii uidated damages. If the County
sllall Iall to deliver the notes, f!l9 Prc:rt
ceeds 01 such check and any Intere
earnings will ba remitted to lI:lB suc-
cessful bidder as and for full liquidat-
ed damages.
The approving 0.-- .'.,,-.
Boeuf Lamb, Greene
L.L.P.: New York, New Yc.
Up fu"1iS~~W:~~.:f.l:t~\ffidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly
made,; l::; ~otes relating to the .:\es~n duly and legally served on the defendant(s)
tains a discussion 01 the P ~ 9&-
:' =~R;:~~, ~ re-
spect to the exclusion from gross in- I
This _ corne for the PUlJlOS9Sth I ~~~: 9 _
I come taxation 01 the In
1-
JULIE 40NES
who, being duly sworn or affirmed, according to the law, says that he/she is
CLASSIFIED ADVERTISING MANAGER
ofTHE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the
Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON
MORNING STAR & SUNDAY STAR-NEWS il! the City ofWit.rnington
NOTICE OF SALECOUNTY OF NEW HA
NOVERNORTH CARGlINA$5,OOO,OOCS
CHOOl BONOANTICIPATION NOTES
SCHOOL BONO NOT
was inserted in the aforesaid newspaper in space, and on dates as follows:
6/1,lX
1995
and at the time of such publication Wilmington Star-News was a newspaper meeting all the
requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C.
~~CJCL~D ADVER.
Title 2 NO
affirmed to, and subscribed before me, this
MGR
Sworn or
day
~UNf , A.D., I~~
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and
year aforesaid,
Y17euuHf k~
tl? Notary Public
My commission expires
21liitdayof- JTTNE ,'19_99
i
'tiO' 01 thi-opinion I'
notes and a descnp n. & . !
01 LeBouef, Lamb, Gre:;,"~
MacRae, LL.P., with respeclnted t ecorn:
1118 Counly has covena 0
ply with the requirements ot ~e Code..
to the extent required to malnteln the
exclusion 01 interest ~~ :eh;=
from the gross Income of Federal in-
~e,:>Ia:.':~~.~ will also ba fur-
nished the usual cloSing papers.
The notes are not ':ql!allfied
pt obllnations" withIn the
tax-axengmof Secl:Yon 265(b) (3) of the
mean!
Code.
The successful bidder will ba
'red to furnish prior to the deliv-
requ~........._ __...... eo N:lrtif.,...J:rlA substan.
Clerk of Superior Court
1\
The motion having been duly seconded and the resolution
having been considered, it was adopted by the following vote:
AYES: Robert G. Greer, Chainnan
E. L. Mathews, Jr., Vice-Chainnan
Sandra Barone
William A. Caster
William Sisson
NAYS: None
*
*
*
*
*
-4-
RELEASE AND SETTLEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that Gwendolyn Hicks (hereinafter "Releasor")
makes this agreement in release and settlement of all claims against New Hanover County (hereinafter
the "Releasee") effective the ~5' day of~ 1995, as is more particularly described herein.
- t1lfl'1
In consideration of the compromise of disputed claims, the payment of the sum of FORTY-
SEVEN THOUSAND FNE HUNDRED AND 00/100 Dollars ($47,500.00) by the Releasee to Releasor,
the receipt of which Releasor hereby acknowledges, Releasor voluntarily and knowingly executes this
Release with the express intention of effecting the extinguishment of any and all rights, claims, demands
or obligations which Releasor has against Releasee on account of, connected with, or growing out of the
matters referred to herein.
1. Releasor does for herself, her heirs and assigns, agents, representatives, and attorneys
hereby RELEASE, ACQUIT, HOLD HARMLESS, AND FOREVER DISCHARGE Releasee, its agents,
servants, employees, officers, directors, insurers and attorneys, of and from any and all claims, actions
or causes of action, demands, damages, (actual and punitive), costs, judgments, expenses, liabilities,
attorneys' fees and legal costs, injunctive or declaratory relief, whether known or unknown, whether in
law or in equity, whether in tort or contract, of any kind or character, including, without hmitation,
claims to recover damages for negligence, which she now has, or might otherwise have, against the
Releasee, arising as a result of or relating to alleged damages suffered by Releasor as a result of alleged
discriminatory, retaliatory or otherwise unlawful treatment by Releasee during Releasor's employment
with New Hanover County and with her separation from her employment with Releasor on March 4,
1993, which discriminatory, retaliatory and otherwise unlawful treatment is denied by Releasee, which
forms the basis of the lawsuit described in paragraph 4 below. Likewise, Releasee, through its
undersigned County Manager, does for itself and its heirs and assigns, agents, representatives, and
attorneys hereby RELEASE, ACQUIT, HOLD HARMLESS, AND FOREVER DISCHARGE Releasor,
her agents, servants, employees, officers, directors, insurers and attorneys, of and from any and all
claims, actions or causes of action, demands, damages, (actual and punitive), costs, judgments, expenses,
liabihties, attorneys' fees and legal costs, injunctive or declaratory relief, whether known or unknown,
whether in law or in equity, whether in tort or contract, of any kind or character arising out of Releasor's
employment with New Hanover County as a Tax Clerk until her separation from her employment with
Releasor on March 4, 1993 and which forms the basis of the lawsuit described in paragraph 4 below.
It is the intent of Releasor that all claims or matters tl-tat are, qr might be, in controversy between
Releasor and Releasee are forever put at rest, it being Releasorisintention to forever discharge and
release all past, present and future claims against Releasee for all consequences resulting or potentially
to result from Releasor's alleged injuries or damages sustained in the aforementioned incident.
2. Releasor further agrees that Releasee admits no liability of any sort and that said
payment, release and settlement in compromise is made solely to terminate further controversy in respect
of all claims that Releasor presently asserts, or might have asserted against Releasee, because of the
events and circumstances described in Paragraph 1 herein. It is further understood and agreed that the
settlement amount paid to Releasor is payment for alleged personal injuries claimed by Releasor. The
settlement funds are not intended to be salary, back pay, or wages and are not intended to be subject to
income tax WIthholding. Further, this Release and Settlement Agreement reflects the agreement of the
R#144891
parties as reached at a mediated settlement conference on May 25, 1995 held in front of The Honorable
Magistrate McCotter. Nevertheless, should it at any time be determined that the settlement proceeds are
subject to any tax obligation whatsoever, Releasor agrees to hold Releasee harmless and indemnifY it
from any tax liability assessed.
3. Releasor further agrees to dismiss with prejudice the lawsuit entitled Gwendolyn E. Hicks
v. New Hanover County, et ai., pending in the United States District Court for the Eastern District of
North Carolina, Wilmington Division, North Carolina, Case Number 7:94CV0041F3.
4. Releasor voluntarily and knowingly executes this Release with the express intention of
effecting the extinguishment of any and all rights, claims, demands or obligations which Releasor has
against Releasee on account of, connected with, or growing out of the matters referred to herein.
5. Releasor hereby warrants that: (1) no representations about the nature or the extent of any
claims, demands, damages or rights that she has, or may have, against the Releasee have been made to
her or to anyone acting on her behalf to induce her to execute this Release~ (2) she relies on no such
representations~ (3) she has fully read and understood this Release before signing~ and (4) in doing so
she acts voluntarily and with full advice of counsel.
6. In the event that any provision or portion of this Release shall be found to be void or
invalid for any reason, then such provision or portion shall be deemed to be severable from the remaining
provisions or portions of this Release, and it shall not affect the validity of the remaining portions, which
portions shall be given full effect as if the void or invalid provision or portion had not been included
herein.
7. Releasor covenants and agrees that this Release contains the entire agreement between
the parties and that the terms hereof are contractual and not a mere recital. Releasor acknowledges that
the consideration recited herein constitutes the sole consideration for this Release, and that no other
promises, statements, or representations except as appear herein have been made by any party (or any
agent, attorney, or representative thereof) to induce Releasor to enter this Release.
8.
Agreement.
North Carolina law shall govern the interpretation of this Release and Settlement
R#I44891.
2
t
~
IN WITNESS THEREOF, RELEASOR has hereunto signed and sealed this the25 day of
, 1995.
CAUTION: Read Before Si~nine
~t./M
GWENDOLYN . IllCKS
J Michael McGuinness, Esq.
McGuinness & Parlagreco
Post Office Box 952
Elizabethtown, North Carolina 28337
COUNTY
O'Neal, County Manager
R#I44891.
3