1992-05-04 RM Exhibits
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1.
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road Descri ption Oak Bluff Lane, Rain Tree Subdivision
Div. File No. 696-N
~mEREAS, the attached petdion has been filed with the Goard of County
Commissioners of the County of New Hanover requestina that the above de-
scribed road, the location of which has been indicated i~ red on the attached
map, be added to the Secondary Road System; and
WHEREAS, the Goard of County Commissioners is of the oplnlon that the
above described road should be added to the Secondary Road System, if the
road meets minimum standards and criteria established by the Division of
Highways of the Departhlent of Transportation for the addition of roads to
the System.
I
Nm~, THEREFORE, be it reso lVed by the Goard of County COlllllli ss i oners of
the County of New Hanover that the Division of Hi9hways is hereby requested
to review the above described road, and to take over the road for maintenance
if it meets established standards and criteria.
CERTI F I CATE
The foregoing resolution was duly adopted by the Board of COlllllliss'ioners of
the County of New Hanover at a lIleeti ng on the _:1..th~ day of May
19 92
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WITNESS my hand and official seal this the -<YLI'X.,'
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day of ~j;
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Form S R - 2 (7 - 77 )
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'v/;~I"l(J,-<,-.... "'J "J.: VVr'L9-"l/l
Clerk, Board of COlllmissioners
County of New Hanover
PLEASE NOTE:
Forward direct with request to the Division Engineer, I.liv'ision of Hiqlllvays
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES G MARTIN
GOVERNOR
124 Division Drive
Wilmin~ton, NG 28401
919-350-2011
April e. 1~3~32
DIVISION OF HIGHWAYS
THOMAS J HARRELSON
SECRET ARY
WILLIAM G MARLEY. JR.. P E.
STATE HIGHWAY ADMINISTRATOR
Division J. District :3
New Hanover County
New Hanover Board of Commlssloners
320 Ches~nut Street
Wilmington. NC 28401
He:
Resolution Request
Request for Addition to
Oak Bluff Lane -Raintree
CDiv. File No. 696-N)
the State Highway System
Subdivision
.
Dear Ms. Harrell:
This office is considering the addition of Oak Bluff Lane in Rain-
tree Subdivision CDiv. ~ile ~ G96-N) to state system. After your
consideration if YOU concur with our recommendation, please furnish
this office with your resolution for our further handling;,
Very truly yours,
~~
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District Engineer
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Highway Maintenance Engineer
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APR0992
NEW HANOVEil CO.
BD. OF C....:~~.~..~KS
An Equal Opportunity I Affirmative Action Employer
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road Des cri pti on Snapper LaneJ wi l!Tlingt:.on __!?each
WHEREAS, the attached petition has been filed with the Board of County
Commi ss i oners of the County of New Hanover reques ti ng that the above de-
scribed road, the location of which has been indicated in red on the attached
map, be added to the Secondary Road System; and
I
WHEREAS, the Board of County Commi ss i oners is of the opHllon that the
above described road should be added to the Secondary Road System, if the
road 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 County Commissioners of
the County of New Hanover that the Division of Higlnvays is hereby requested
to review the above described road, and to take over the rOud for maintenance
if it meets established standards and criteria.
CERTI FICA TE
The foregoing resolution was duly adopted by the Board of COllllllissioners of
the County of New Hanover at a meeting on the 4th clay of May
19 g?
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\,-IITNESS my hand and official seal this the ..::.,)~~~_ day of " / (,,1\
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---./..t{Ic<-(... V. ,/y-:a.}/..1Z-C---L_
Clel'k, l30unl of Commissioners
Coun ty 0 f New Hanover
PLEASE NOTE:
For'tlard direct with request to the Division En~lineer, I.livision of HiqlllVays
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS PETITION
North Carolina
County of New Hanover
Petition request for (check one): Addition to State System (v)
Paving ( )
Maintenance Improvement ( )
We the undersigned, being
5napper Lcu'\E-
Secondary Road Number) in
request the Division of
Transportation to a del +-D
road.
all of the property owners on
(Describe or give local name or
New Hanover County do hereby
Highways of the Department of
s-kd. e.. ~L.Jste rn the above described
e further advise that the road requested to CLdd
is 1 J./. miles in length and at the present time there are
occupied homes located on the road and having entrances into
the road.
Finally, we agree to dedicate to the Division of Highways a
right-of-way sixty (60) feet in width extending the entire length
of the road that is requested to be improved along with the
necessary areas for cut and fill slopes and drainage. Also, we
agree to dedicate additional right-of-way in the public road
intersections for sight distance and design purposes and to execute
said right-of-way agreement forms that will be submitted to us by
representatives of the Division of Highways in order that the
Division of Highways fulfill the requirements of Chapter 1244, 1959
Session of the General Assembly of North Carolina.
REMARKS
Two copies of recorded subdivision plat enclosed if applicable.
PROPERTY OWNERS
NAME
ADDRESS
The Division of Highways should contact the first petitioner listed
below:
fi'tD-f"'U
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C'. ~D~M~ -S~~ ~D 1 A Jo.bf",,,-
R . l>.~ k ,;,' 11 ~ IIf'. q J C, - qq -q 41/
~sg-374J
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Revised Form SR-1 (6-78)
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CAROL! ~,
BEACH
WILMINGTON
DEACH
KURE
BEACH
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDItION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road Description Roads in Sections 1-7 of Ivywood Subdivision
(Old Mill Road, Sky Court, Whitewood Way, Galw~y Road, Needle Rush Ct,
N. Woolwitch Court, S. Woolwitch Court, Alex Trask Drive, Carver Court,
and Lattice Court)
WHEREAS, the attached petition has been filed with the Goard of County
Commissioners of the County of New Hanover requesting that the above de-
scribed road, the location of which has been indicated ill red on the attached
map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the oplnlon that the
above described road should be added to the Secondary Road Systenl, if the
road meets minimum standards and criteria established by the Division of
Highways of the Department of Transportation for tile addition of roads to
the Sys tern.
NOW, THEREFORE, be it resolved by the Board of County COlllmissioners of
the County of New Hanover that the Division of Highways is hereby requested
to review the above described road, and to take over the road for maintenance
if it meets established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of COllllllissioners of
the County of New Hanover at a Illeeti ng on the 4th day of May
19 92
W IT N E S S my h and and 0 f f i cia 1 sea 1 t his the r:;;..r:llu
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day of >>/~
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Form S R - 2 (7 - 77 )
PLEASE NOTE:
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Clerk, Board of COlllmissioners
Coulll:y 0 F __llew_lJj:!llover_
Fan/arc! direct with request to the Division Engineer, Uivision of Hiqlll'iays
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4IItorth Carolina
County of New Hanover
NORTH CAROLINA STAiE-DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS PETITION
Petition request for (check one) Addition to State System (x)
Pa~ing ( ) Lattice Court, Alex Trask Dr
Malntenance Improvement ( ) N. Wbolwitch Ct. S.Wbolwitch
" NEEDLE RUSH COURT CARVER COURT
We the underslgned, belng property owners on OLD MILL ROAD, GALWAY ROAD AND
OOD VJA.Y NEEDLE RUSH COURT SKY COURT (Describe or give local name or
Secondary Roa Nu er ln New Hanover County do hereby request the
Division of Highways of the Department of Transportation to ADD
the above-described road.
We further advise that the road requested to
in length and at the present time there are
the road and having entrances into the road.
Finally, we agree to dedicate to the Division of Highways a right-of-way of
the necessary width to construct the road to the minimum construction standards
required by the Division of Highways. This right-of-way will extend the entire
length of the road that is requested to be improved and will include the necessary
areas outside the right-of-way for cut and fill slopes and drainage. Also, we
agree to dedicate additional right-of-way in the public road intersections for
.'9ht distance and design purposes and to execute said right-of-way agreement
rms that will be submitted to us by representatives of the Division of Highways.
ADD i s mi 1 es
occupied homes located on
REMARKS
Four copies of recorded subdivision plat enclosed if applicable
IVYWOOD SUBDIVISION - Sections 1 - 7
NAME
PROPERTY OWNERS
MAILING ADDRESS
TELEPHONE
The Division of Highways should contact the first petitioner listed below:
W. CHRIS STEPHENS
LANDMARK ORGANIZATION
4000 OLEANDER DRIVE
WILMINGTON, NC 28403
919-392-7201
.
Revised Fonn SR-l (5-83) All previous forms obsolete
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NORTH CAROLINA STATE DEPAr<H1ENT or TRANSPOIHATION
REQUEST FOR ADDITION TO FTATE MAINTAINED SECONDARY ROAD SYSTEM
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North Carolina
County of New Hanover
Road Description Roads in Section 2-4 of Gorman Plant5ltion
(Red Cedar Road, Cores Court, Hitch Court, and wnicera Court)
WHEREAS, the attached petition has been filed with the 80ard of County
COlllmissioners of the County of New Hanover requestinG that the above de-
scribed road, the location of which has been {ndicated i~ red on the attached
map, be added to the Secondary Road System; and
WHEREAS, the 80ard of County Commissioners is of the opHllon that the
above described road should be added to the Secondary Road System, if the
road 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 County Commissioners of
the County of New Hanover that the Division of lIiglnvays is hereby requested
to review the above described road, and to take over tile road for maintenance
if it meets established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the [3oard of Comlllissioners of
the County of New Hanover at a meeti ng on the 4th day of M3.y
19 92
WITNESS my hand and off; ci a 1 sea 1 thi s the
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Form SR-2 (7-77)
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Clerk" l30ard or COllllllissloners
Coun ty 0 r New Hanover
PLEASE NOTE:
Fon/arc! direct with request to the Division EnSlineer, Llivision of Hiqh\vays
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No rth Ca roO i na
County of
New Hanover
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS PETITION
Petition request for (check one) Addition to State System (x)
Paving ( )
Maintenance Improvement ( )
We the undersigned, being property owners on RED CEDAR ROAD, CORES COlffiT.
HITCH COURT AND LONICERA COURT (Describe or give local name or
Secondary Road Number) in New Hanover County do hereby request the
Division of Highways of the Department of Transportation to ADD
the above-described road.
We further advise that the road requested to
in length and at the present time there are
the road and having entrances into the road.
ADD is mil es
occupied homes located on
Finally, we agree to dedicate to the Division of Highways a right-of-way of
the necessary width to construct the road to the minimum construction standards
required by the Division of Highways. This right-of-way will extend the entire
length of the road that is requested to be improved and will include the necessary
areas outside the right-of-way for cut and fill slopes and drainage. Also, we
agree to dedicate additional right-of-way in the public road intersections for
sight distance and design purposes and to execute said right-of-way agreement
forms that will be submitted to us by representatives of the Division of Highways.
REMARKS
Four copies of recorded subdivision plat enclosed if applicable
GORMAN PLANTATION - SECTIONS 2-4
NAME
PROPERTY OWNERS
MAILING ADDRESS
TELEPHONE
The Division of Highways should contact the first petitioner listed below:
W. CHRIS STEPHENS
LANDMARK ORGANIZATION
4000 OLEANDER DRIVE
WILMINGTON, NC 28403
919-392-7201
Revi sed Form SR-l (5-83) A 11 previ ous forms obsolete
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION "
REQUEST FOR ADDITION TO STATE r\1AINTAINED SECONDAI~Y ROAD SYSTE~1
North Carolina
County of New Hanover
Road Description ROAns in Spr.tions 10
(lIc;tpr ('ollrt-, 'Tilnor C'nnrt. tJptnn Court.
and Amber Drive)
14~f Woodberh;l Sutdivision
Redberry Drive, Hunt Cliff Court,
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above de-
scribed road, 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 oplnlon that the
above described road should be added to the Secondary Road System, if the
road 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 reso 1 ved by the Board of County COlllmi ss i oners of
the County of New Hanover that the Division of Hiqhways is hereby requested
. -
to review the above described road, and to take over the road for maintenance
if it meets established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of COllllnissioners of
the County of New Hanover at a meeting 011 the 4th clay of May
19 92 .
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Clerk, 130ard of COllllllissioners
Coun ty of ~_ IIaJl.Qver
, 1 9 P c;1-__~
WITNESS my h and and offi cia 1 sea 1 th is the .....5:j-;J~
PLEASE NOTE:
Forward direct with request to the Division Engineer, Uivision of Iliqll\vays
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS PETITION
~North Carollna
County of New Hanover
Petition request for (check one) Addition to State System (x)
Paving ( )
Maintenance Improvement ( )
Tudor Court, Uoton Court .
We the undersigned, being property owners on Aster Court. & 'Redberrv Unve
ll.mhPr Drivp. A1 Hlmt Cj iff C'nllrt- (Describe or give local name or
Secondary Roa Number 1 n New Hanover County do hereby request the
Division of Highways of the Department of Transportation to ADD
the above-described road.
We further advise that the road requested to
in length and at the present time there are
the road and having entrances into the road.
Finally, we agree to dedicate to the Division of Highways a right-of-way of
the necessary width to construct the road to the minimum construction standards
required by the Division of Highways. This right-of-way will extend the entire
length of the road that is requested to be improved and will include the necessary
areas outside the right-of-way for cut and fill slopes and drainage. Also, we
agree to dedicate additional right-of-way in the public road intersections for
sight distance and design purposes and to execute said right-of-way agreement
~forms that will be submitted to us by representatives of the Division of Highways.
ADD is miles
occupied homes located on
REMARKS
Four copies of recorded subdivision plat enclosed if applicable
Woodberry Forest Subdivision - Sections 10-14
NAME
PROPERTY OWNERS
MAILING ADDRESS
TELEPHONE
The Division of Highways should contact the first petitioner listed below:
W. CHRIS STEPHENS
LANDMARK ORGANIZATION
4000 OLEANDER DRIVE
WILMINGTON, NC 28403
919-392-7201
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LOCATIO'" MAP
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CN snm PI.nT ~ N:7l' ~\1Z ~ DE?~~
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t,ONSENT AGENDA
DATE.
. . M~y 4 199?
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NEW HANOVER COUNTY
INTER-OFFICE ITEM No__ 7
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t::~::~~::@::::~::~::~:::~~@::;:~~:~:::::~:;::~:~:::~:~N:Wt::t1k~~:i::ht\tK~;W~;
April 23, 1992
MEMORANDUM
TO:
New Hanover County Board of
County Commissioners
FROM:
Mary M. Gornto
Deputy County Manager
RE:
Change Order Report #24
Period Ending April 23, 1992
MUSEUM
.
Hanover Iron Works - Change order No. One (1) in the amount
of $580.00. This change orders covers the installation
safety back up low water cut-off wire in controls.
Audio Tech - Change Order No. One (1) in the amount of
$890.00. This change order covers the additional work
associated with the sound track for the sound and light show
at the Fort Fisher Battle Diorama.
Susan Gurnee - Change Order No. One (1) in the amount of
$500.00. This change order covers the additional work to
the vignette surfaces.
SDI Construction - Change Order No. Four (4) in the amount
of $1,300. This change order covers additional case work.
John Jefferies - Change Order No. Six (6) in the amount of
$2,756.00. This change order covers Phase I and Phase II
construction observation by Andrew and Kuske.
LAW ENFORCEMENT - JAIL EXPANSION
Ballard McKim and Sawyer - Change Order No. Two (2) in the
amount of $4,516.19. This change order covers additional
services for the Law Enforcement Expansion.
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County Commissioners
Page Number Two
April 23, 1992
LAW ENFORCEMENT EXPANSION
Clancy and Theys Construction - Change Order No. Two (2) in
the amount of a deduct of $720.00. This change order covers
the installation of a 2 hour rated firewall, extend security
ceiling, fill existing block wall with concrete, delete 911
raised floor, and delete paint and plaster in jail.
Clancy and Theys Construction - Change Order No. Three (3)
in the amount of $12,492.00. This change order cover the
stainless steel dormitory sinks.
Cape Fear Electric - Change Order Number One (1) in the
amount of $19,482.00. This change order covers the upgrade
jail light lens to maximum security, add radio wire way
emergency management, cctv adds 911 and conduit adds 911.
Cape Fear Electric - Change Order Number Two (2) in the
amount of $14,263.00. This change order covers additional
cctv monitors and cable runs, add fire alarm communicator,
wire U.P.S., and monitor for tamper alarm for 911.
.
Sneeden Change Order No. One (1) in the amount of
$1,897.00. This change order covers changes grills for
securi ty ceiling, relocate thermostats, and relocate
existing duct add sleeves and fire dampers.
Sneeden - Change Order No. Two (2) in the amount of $669.00.
This change order covers fire dampers at 911.
Sneeden Change Order No. Three (3) in the amount of
$2,993.00. This change order covers relocating unforeseen
fans and ductwork for ceiling clearance.
Kelly Plumbing - Change Order No. Two (2) in the amount of a
deduct $153.00. This change order covers the additional
drain at 911 courtyard, and delete floor drains in jail
dormitory.
Kelly Plumbing - Change Order No. Three (3) in the amount of
$888.00. This change orders relocating unforeseen pipe
( j ai l) .
.
Dover Elevator - Change Order No. One (1) in the amount of
$721.00. This change order covers deletion of carpet and
add emergency battery lowering.
Dover Elevator - Change Order No. Two (2) in a zero amount.
This change order covers time extension only.
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County Commissioners
Page Number Three
April 23, 1992
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SEWER
T. A. Loving - Change Order No. Three (3) in a zero amount.
This change order covers extension of time only.
T. A. Loving - Change Order No. Four (4) in the amount of
$11,273.50. This is a final adjustment of quantities on
this project.
.
State Utility - Change Order No. One (1) in the amount of
$29,195.60. This change order covers for provisions of a 8"
DIP, to avoid contingencies in DIP to PVC pipe line
transitions of varying lengths, the contractor supplied
individual cost for wye's and MJ solid sleeves, the
contract's original bid sheet made no provisions for asphalt
repair or roll curb. These items were made necessary by
lines being shifted to avoid conflicts with private
property., Numerous 4" PVC service laterals on this project
exceed normal lengths due to cul-de-sac configurations. The
Contractor was requested to provide a linear foot price for
extra length services., The contract's original bid sheet
made no provisions for a 20" casing, bored and jacked, and
the contractor requested to lower a service lateral.
State Utility - Change Order No. Two (2) in the amount of a
deduct of $35,118.58. This change order covers that no
provisions were made for a 8" DIP at depths between 14 and
16 feet, conflicts between existing wells, due to several
re-routes and design improvements, additional driveways were
destroyed and subsequently replaced.
Dale Todd Welling Drilling - Change Order No. Four (4) in
the amount of $600.00. This change order covers drilling of
two wells at 90 and 93 Pelican Point Road.
SENIOR CENTER
Leader Construction Change Order No. Five (5)
amount of $2,100.00. This change order covers
weatherstripping on six exterior double doors and
contract for increased tipping fees.
in the
adding
adjust
Leader Construction - Change Order No. Six (6) in the amount
of $583.73. This change orders covers moving irrigation
sprinklers in islands around retainage pond and adding sod
around driveways.
.
!
.
. .
County Commissioners
Page Number Four
April 23, 1992
. '
SENIOR CENTER
David R. Polston - Change Order Number Five (5) in the
amount of a deduct of $400.00. This change order covers an
adjustment of contract due to estimate of soil testing
service on Senior Center.
AIRPORT
D. D. Miller Construction - Change Order Number Four (4) in
the amount of $1,800.00. This change order covers cleaning
and painting the structural steel on the metal building.
MYRTLE GROVE LIBRARY
John Sawyer - Change Order No. Four (4) in the amount of
$8,726.00. This change order covers an increase in
architectural fees and extension of time on contract due to
funding delay until October 1992.
.
PARKS AND RECREATION
Parker Landscaping - Change Order No. One (1) in the amount
of $2,690.00. This change order covers the addition of
landscape maintenance for Senior Center and vacant lot at
3rd and Chestnut Street.
MG/nb
.
"".Ci ','
:!.
Ntm llannuer mount!!
.f.'
mnarb of QIomnlinnioncrn
~roclanlation
WJ{~!1l'E5lS,it is imperative to tlie aemocratic process that a. wer[ informed citizenry
participate in tlie operation of tlieir [oca[ govemment; and
WJ{~!I(1YlS, the office of tlie crert to t(te 'Board proviJes the communication [int
6etween tlie citizens, the [oca[ govemment regis[ative 60dy and administrative departments,
and agencies ofgov?mment at otlier revers; and
r' .-,,' i.~
WJ{~'1(VllS, the County crerfG serve as the infomz.ation center on the functions of
tlieir [oea[ govemment 6y nz.al(jng avaira6[e tlie records of [ocaf govemment, distrWution of
pu6[islied nz.ateriars and reports, and answering questions on the govemment activities and
programs; and
I
WJ{~'1('EJll.S, 'Ilie crerfG to the ''Boards have upon t(teir own initiative participated in
. education programs, seminars,worlGhops, and t(te annuaf meetings of their state and nationa[
organizations whicli not onfy improve t(u operation of tlieir office 6ut through tfieir
achievements and awards have 6rought favora6re pu6[icity to the county that tliey serve;.
:J{.o'W, TJ{~!1l~:JO!1l~, tfie 'J..&w Jlanover County 'Board of CommissiolterS here6Y'
proda.ims tlie weet of :May 3-9, 1992, as ''CferlG to tfr.e '.Boards of Countg
Commissioners' WeeI('; in !J{f.w Jlanover County and e?(tends our appreciation to our Cfert
to tfr.e '.Boara, Lucie .:F. !J{arre~ and to a[[ County Crer/G for tlie vitae services tfiey
perfonn and their Q(emp[ary dedication to tfie County they serve.
Jldopted this the 4th day of :May, 1992.
,I
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.
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<t:/ L g.,{atfitu/s/ .Jr./ Cfiairjha'n.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .. . ~
iSonrh of (!1omminniontrn
l'
New){anouer mounty
11\e!i olutinn
.A RESOLUTION URGING ACTION BY THE NORTH CAROLINA GENERAL ASSEMBLY
ON BEHALF OF LOCAL GOVERNMENT
WHEREAS, local government throughout the State of North
Carolina and the nation is under ever-increasing financial
pressures resulting from unfavorable economic factors and limited
sources of revenue at a time when former federal and state
responsibilities are being defunded, underfunded, or passed down
to the local level through mandates; and
WHEREAS, in response to such
necessary for local governments to
wherever possible; and
financial
safeguard
pressures it is
their operations
WHEREAS, there are numerous areas where the North Carolina
General Assembly can assist Counties in meeting their service
responsib~lities to their citizens and in more rationally coping
with diminishing revenues and expanding costs;
.NOW , THEREFORE, BE IT RESOLVED by the County Commissioners
of New Hanover County, that legislation be introduced in the
North Carolina General Assembly to modify current law so as to
address the following issues:
1.. The cost of providing medical services to jail inmates..
State law should make it clear that private insurance coverage
includes the cost of furnishing necessary medical treatment to
jail inmates and that the county is only secondarily liable for
this expense~ In addition, a system needs to be established to
more effectively shift the full costs of incarceration including
ordinary expenses for prescription drugs to the jail inmates
themselves by constructive employment during their jail term and
by subsequent collection methods. This cost should not be borne
by law-abiding citizens through reduced services and higher
taxes. Rather than mandating expensive jail complexes, state law
should foster housing jail inmates in less expensive settings
which facilitate good honest hard work which will teach the
inmates a work ethic, promote job skills and benefit society.
\ ~~!. ~:~
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~~,__. ............................................. .".. .. ... . . .... . ....... . ... .. .. ... .. ..... ....... . . . . . . . . . . . .. . .. . . CT;~ 1
Resolution
Page ,2
May 4, 19.92
,2.. The reduction of design cost for schools and other
public buildings. -- Because of a myriad of state and federal
regulations and requirements, the cost of architectural services
for public buildings represents a tremendous burden on the
taxpayers. Many organizations such as church denominations
produce standard designs for their constituents. It is very
likely that millions o~ dollars could be saved each year if the
.State of North Carolina provided such standard designs.
34 The thresholds for requiring architectural services for
the construction and repair of public buildings should be
increased.-- Currently, North Carolina General Statutes 133-1.1
and 143-135 require design by architect for relatively small
projects which a large contractor can competently construct. The
taxpayer should not bear the unnecessary cost of employing an
architect and the increased contractor cost which usually
results.
AND BE IT FURTHER RESOLVED by the County Commissioners of
New Hanover County that traditional sources of local government
revenue should not be disturbed. Counties and cities perform
essential services. The cost of these services, many of which
are mandated, is co:p.stantly increasing as are the number of
services mandated. To reduce state reimbursements or other
county sources of revenue in such circumstances is to raise local
taxes .by action of the legislature. We, .therefore, urge the
North Carolina General Assembly and the North Carolina
Association of County Commissioners to wholeheartedly support the
integri ty of local revenue sources,.
AND 'BE IT FURTHER RESOLVED by the County Commissioners of
New .Hanover County that a copy of this resolution be forwarded to
each member of New Hanover County's legislative delegation and to
the North Carolina Association of County Commissioners.
(SEAL)
of May, 1992.
ATTEST:
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'.. ~/ ._/' / lv-u:-' vU/'-'~___.-_.-
CleFk to the Board
..
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'!
llilI.;
;.-
The Board of County Commissioners of New Hanover County, North Carolina, does
hereby ordain that Chapter 6.5, Article V sections 6.5-57 - 6.5-92 of the New
Hanover County Code are repealed and the following substituted therefore:
PROHIBITION OF DISCRIMINATION IN HOUSING
ARTICLE I. PURPOSE, CONSTRUCTION AND SEVERABILITY
SECTION 6.5-57
TITLE
This Article shall be known and may be cited as the "Fair Housing Ordinance of
New Hanover County."
SECTION 6.5-58
PURPOSE
A. The general purpose of this Ordinance is to provide for all individuals
within New Hanover County and such cities within New Hanover County as may
by resolution of their governing boards, permit the Ordinance to be
applicable within such cities, freedom from an unlawful discriminatory
housing practice for any person because of race, color, religion, national
origin, sex, handicap, or familial status; to secure such cities and the
County against domestic strife and unrest; to preserve the public safety,
health and general welfare; and to promote the interests, rights and
privileges of individuals within such cities and the County.
B. This ordinance is intended to carry out in New Hanover County the policies
and procedures provided for in various Federal rules, regulations and laws
prohibiting housing discrimination including, but not limited to The Fair
Housing Act as Amended, effective March 12, 1989.
C. This Ordinance shall be construed according to the fair import of its
terms, and any and all actions and proceedings under this Ordinance are of
a civil nature.
SECTION 6.5-59
SEVERABILITY
If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the Ordinance which can be given
effect without the invalid provision or application; and to this end, the
provisions of this Ordinance are severable. Provisions of this ordinance
supercede provisions in '''l';he Rules of Practice and Procedure" adopted
November 20, 1989. -
.
ARTICLE II. GENERAL DEFINITIONS
SECTION 6.5-60
DEFINITIONS
For the purposes of this Ordinance, the following definitions apply:
A.
"Commission" means the New
established by the Board of
Ordinance dated June 10, 1980.
Hanover Human Relations Commission
Commissioners of New Hanover County
as
by
B. "Covered multifamily dwellings" means:
1. A building, including all units and common use areas, in which there
are four or more units if the building has one or more elevators; or
1
2. Ground floor units and ground floor common use areas in a building
with four or more units without elevators.
C. "Discriminatory practice" means an act that is unlawful under this
Ordinance.
D. Executive Committee is composed of the chairperson of the Commission,
vice-chairperson, secretary and immediate past chairperson if still a
member of the Commission and one at large member appointed by the
chairperson.
E. "Familial status" means one or more persons who have not attained the age
of 18 years being domiciled with:
1. A parent or another person having legal custody of the person or
persons; or
2. The designee of the parent or other person having custody,
provided the designee has the written permission of the parent or
other person.
The protections against discrimination on the basis
status shall apply to any person who is pregnant or is in
of securing legal custody of any person who has not
age of 18 years.
of familial
the process
attained the
F. "Family" includes a single individual;
G.
"Financial institution" means any banking corporation
company, savings and loan association, credit union,
company, or related corporation, partnership, foundation,
institution engaged primarily in lending or investing funds;
or trust
insurance
or other
H. "Disabling condition" means:
1. A physical or mental impairment which substantially limits one
or more of a person's major life activities,
2. A record of having such an impairment, or
3. Being regarded as having such an impairment.
Disabling condition does not include current, illegal use of or addiction
to a controlled substance as defined in 21 U.S.C. *802, the Controlled
Substances Act. The protections against discrimination on the basis of
disabling condition shall apply to a buyer or renter of a dwelling, a person
residing in or intending to reside in the dwelling after it is sold, rented,
or made available, or any person associated with the buyer or renter.
I. "Housing accommodation" means any improved or unimproved real property, or
part thereof, which is J.sed or occupied, or is intended, arranged, or
designed to be used or occupied, as the home or residence of one or more
individuals;
J. "National Origin" includes the national origin of an ancestor.
K. "Persons" means any individual, association, corporation, political
subdivision, partnership, labor union, legal representative, mutual company,
joint stock company, trust, trustee in bankruptcy, unincorporated
organization, or other legal or commercial entity, the State, or
governmental entity or agency;
2
L. "Real estate broker or salesman" means a person, whether licensed or not,
who, for or with the expectation of receiving a consideration, lists, sells,
purchases, exchanges, rents, or leases real property, or who negotiates or
attempts to negotiate any of these activities, or who holds him/her self out
as engaged in these activities, or who negotiates or attempts to negotiate
a loan secured or to be secured by mortgage or other encumbrance upon real
property, or who is engaged in the business of listing real property in a
publication; or a person employed by or acting on behalf of any of these
persons;
M. "Real estate transaction" means the sale, exchange, rental, lease or
advertising of real property;
N. "Real property" means a building structure, real estate, land, tenement,
leaseholder, interest in real estate cooperatives, condominium, and her-
editament, corporeal and incorporeal, or any interest therein.
SECTION 6.5-61
UNLAWFUL DISCRIMINATORY HOUSING PRACTICES
A. It is an unlawful discriminatory housing practice for any person in a real
estate transaction, because of race, color; religion, sex, national origin,
disabling condition, or familial status to:
\
,
1. Refuse to engage in a real estate transaction;
2. Discriminate against a person in the terms, conditions, or privileges
of a real estate transaction or in the furnishing of facilities or
services in connection therewith;
3. Refuse to permit, at the expense of a handicapped person, reasonable
modifications of existing premises occupied or to be occupied by the
person if the modifications are necessary to the handicapped person's
full enjoyment of the premises; except that, in the case of a rental
unit, the landlord may, where it is reasonable to do so, condition
permission for modifications on agreement by the renter to restore
the interior of the premises to the condition that existed before the
modifications, reasonable wear and tear excepted;
4. Refuse to make reasonable accommodations in rules,
policies, practices, or services, when these accommodations may be
necessary to a handicapped person I s equal use and enjoyment of a
dwe 11 ing ;
5. Fail to design and construct covered multifamily dwellings available
for first occupancy after March 13, 1991, so that:
a. The dwellings have at least one building entrance on an
accessible route, unless it is impractical to do so because of
terrain or unusual site characteristics; or
b. With respect to dwellings with a building entrance on an
accessible route:
(1) The public and common use portions are readily accessible
to and usable by handicapped persons;
(2) There is an accessible route into and through all
dwellings and units;
(3) All doors designed to allow passage into, within, and
3
through these dwellings and individual units are wide
enough for wheelchairs;
(4 )
Light switches, electrical switches, electrical outlets,
thermos'tats, and other environmental controls are in
accessible locations;
(5 )
Bathroom walls are reinforced to allow later installation
of grab bars; and
(6 )
Kitchens and bathrooms have space for an individual in a
wheelchair to maneuver;
6. Refuse to receive or fail to transmit a bona fide offer to engage in
a real estate transaction;
7. Refuse to negotiate for a real estate transaction;
8. Represent to a person that real property is not available for
inspection, sale, rental, or lease when in fact it is so available,
or fail to bring a property listing to his attention, or refuse to
permit him to inspect real property;
9. Make, print, circulate, post, or mail or cause to be so published a
statement, advertisement, or sign, or use a form or application f~r
a real estate transaction, or make a record or inquiry in connection
with a prospective real estate transaction, which indicates directly
or indirectly, an intent to make a limitation, specification, or
discrimination with respect thereto;
10. Offer, solicit, accept, use, or retain a listing of real property
with the understanding that any person may be discriminated against
in a real estate transaction or in the furnishi~g of facilities or
services in connection therewith; or
11. Otherwise make unavailable or deny housing.
B(i) It is an unlawful discriminatory housing practice for any person or other
entity whose business includes engaging in residential real estate related
transactions to discriminate against any person in making available such a
transaction, or in the terms and conditions of such a transaction, because
of race, color, religion, sex, national origin, disabling condition, or
familial status. As used in this subsection, "residential real estate
related transaction" means:
1. The making or purchasing of loans or providing financial assistance
a. For purchasing, constructing, improving, repairing, or main-
taining a dwelling, or
b. Where the security is residential real estate; or
2. The selling, brokering, or appraising of residential real estate.
B(ii) The provisions of this subsection shall not prohibit any financial
institution from using a loan application which inquires into a person's
financial and dependent obligations or from basing its actions on the income
or financial abilities of any person.
4
C. It is an unlawful discriminatory housing practice for a person to induce or
attempt to induce another to enter into a real estate transaction from which
such person may profit:
1. By representing that a change has occurred, or mayor will occur in
the composition of the residents of the block, neighborhood, or area
in which the real property is located with respect to race, color,
religion, sex, national origin, disabling condition, or familial
status of the owners or occupants; or
2. By representing that a change has resulted, or mayor will result in
the lowering of property values, an increase in criminal or
anti-social behavior, or a decline in the quality of schools in the
block, neighborhood, or area in which the real property is located.
D. It is an unlawful discriminatory housing practice to deny any person who is
otherwise qualified by state law, access to or membership or participation
in any real estate brokers' organization, multiple listing service, or other
service, organization, or facility relating to the business of engaging real
estate transactions, or to discriminate in the terms of conditions of such
access, membership, or participation because of race, color, religion, sex,
national origin, disabling condition, or familial status.
E. It is an unlawful discriminatory housing practice to coerce, intimidate,
threaten, or interfere with any person in the exercise or enjoyment of, on
account of having exercised or enjoyed, or on account of having aided or
encouraged any other person in the exercise or enjoyment of any right
granted or protected by this Chapter.
ARTICLE III PROOF OF VIOLATION
SECTION 6.5-62
It is a violation of this Ordinance if:
A. A person by his/her act or failure to act intends to discriminate against
a person. A person intends to discriminate if, in committing an unlawful
discriminatory housing practice described in Sec. 2.2 he/she was motivated
in full, orin any part at all, by race, color, religion, sex, national
origin, disabling condition, or familial status. An intent to discriminate
may be established by direct or circumstantial evidence; or
B. A person's act or failure to act has the effect, regardless of intent, of
discriminating, as set forth in Sec. 6.5-61, against a person of a
particular race, color, religion, sex, national origin, disabling condition,
or familial status. However, it is not a violation of this Ordinance if a
person whose action or iraction has an unintended discriminatory effect,
proves that his/her action or inaction was motivated and justified by
business necessity.
SECTION 6.5-63
It shall be no defense to a violation of this Ordinance that the violation
was requested, sought, or otherwise procured by another person.
SECTION 6.5-64
EXEMPTIONS
A. The provisions of Sec. 6.5-61, except for Subdivision A 6, do not
apply to the following:
5
1. The rental of a housing accommodating in a building which contains
housing accommodations for not more than four families living
independently of each other, if the owner resides in one of the
housing accommodations;
2. Religious institutions or organizations or charitable or educational
organizations operated, supervised, or controlled by religious
institutions or organizations which give preference to members of the
same religion in a real estate transaction, as long as membership in
such religion is not restricted by race, color, or national origiri.
3. Private clubs, not in fact open to the public, which incident to
their primary purpose or purposes provide lodging, which they own or
operate for other than a commercial purpose, to their members or to
give preference to their members;
4. With respect to discrimination based on sex, the rental or leasing of
housing accommodations in single-sex dormitory property;
5.
The sale, rental, exchange, or lease of commercial real estate.
the purposes of this Chapter, commercial real estate means
property which is not intended for residential use.
For
real
B. No provision of this Ordinance requires that a dwelling be made available
to a person whose tenancy would constitute a direct threat to the health or
safety of other persons or whose tenancy would result in substantial
physical damage to the property of others.
C. No provision of this Ordinance limits the applicability of any reasonable
local or state restrictions regarding the maximum number of occupants
permitted to occupy a dw~lling unit.
D. Nothing in this Ordinance shall be deemed to nullify any provisions of the
North Carolina Building Code applicable to the construction of residential
housing for handicapped persons.
E. No provision of this Ordinance regarding familial status applies with
respect to housing for older persons. "Housing for older persons" means
housing:
1. Provided under any state or federal program specifically designed
and operated to assist elderly persons as defined in the program;
2. Intended for and solely occupied by persons 62 years or older.
Housing satisfies the requirements of this subdivision even though
there are persons residing in such housing on September 13, 1988, who
are under 62 years of age, provided that all new occupants after
September 13, 1988, are 62 years or older; or
3. Intended for and operated for occupancy by at least one person 55
years of age or older per unit as shown by such mandatory factors as:
a. The existence of significant facilities and services
specifically designed to meet the physical and social needs of
older persons or, if this is not practicable, that the housing
provides important housing opportunities for older persons,
b. At least eighty percent of the units are occupied by at least
one person 55 years of age or older per unit; and
c. The publication of and adherence to policies and procedures
which demonstrate an intent by the owner or manager to provide
6
housing for persons 55 years or older. Housing satisfies the
requirements of this subdivision even though on September 13,
1988, under ~ighty percent of the units in the housing facility
are occupied by at least one person 55 years or older per unit,
provided that eighty percent of the units that are occupied by
new tenants after September 13,1988 are occupied by at least
one person 55 years or older per unit or until such time as
eighty percent of all the units in the housing facility are
occupied by at least one person 55 years or older. Housing
facilities newly constructed for first occupancy after March
12, 1989, shall satisfy the requirements of this subdivision
if:
(1) When twenty-five percent of the units are occupied,
eighty percent of the occupied units are occupied by at
least one person 55 years or older, and thereafter
(2) Eighty percent of all newly occupied units are occupied
by at least one person 55 years or older until such time
as eighty percent of all the units in the housing
facility are occupied by at least one person 55 years or
older.
Housing satisfies the requirements of Subdivisions 2 and 3 of this
subsection even though there are units occupied by employees of the housing
facility who are under the minimum age or family members of the employees
residing in the same unit who are under the minimum age, provided the
employees perform substantial duties directly related to the management of
the housing.
ARTICLE IV. ADMINISTRATION AND ENFORCEMENT
SECTION 6.5-65
FAIR HOUSING AGENCY DESIGNATED
The New Hanover Human Relations Commission is hereby designated the Fair
Housing Agency for the County.
SECTION 6.5-66
POWERS OF THE COMMISSION
Within the limitations provided by law, and in addition to
of the Ordinance establishing the Commission, its rules,
and bylaws, the Commission has the following powers:
provisions
regulations,
A.
To meet and exercise its
adopting this Ordinance,
of the County.
powers at
as well
any
as
pl,ace
within
within the municipalities
the unincorporated area
B.
To receive, initiate, investigate, seek
on and pass upon complaints, and to
this Ordinance.
to conciliate,
mediate alleged
hold hear ings
violations of
C.
To subpoena witnesses,
of evidence.
administer oaths,
and compel the production
SECTION 6.5-67
COMPLAINT AND SUBSEQUENT PROCEEDINGS
A.
An aggrieved person may file a complaint with the New
Relations Commission, not later than one year after
discrimination housing practice has occurred or terminated.
Hanover Human
an alleged
Complaints:
7
1. Shall be in writing,
2. Shall state the facts upon which the allegation of an unlawful
discriminatory housing practice is based, and
3. Shall contain such other information and be in such form as the
commission requires.
Commission staff shall assist in setting forth the information in the
complaint as may be required by the Commission. Not later than 10 days
after receipt of the complaint the Commission shall serve on the
Respondent a copy of the complaint and a notice advising the Respondent
of his/her procedural rights and obligations under this Ordinance.
Within 10 days after receipt of the complaint the Commission shall serve on
the Charging Party a notice acknowledging the filing of the complaint and
informing the Charging Party of his time limits and choice of forums under
this Ordinance.
B. Each Respondent may file an answer to the complaint against him/her within
10 days after receiving a copy of the complaint. Pending approval of
the Commission, which shall be granted whenever it would be reasonable
and fair to do so, the complaint and the answer may be amended at any
time. Complaints and answers shall be verified.
C. Complaints may be resolved at any time by informal conference,
conciliation, or persuasion. Nothing said or done in the course of such
informal procedure may be made public by the Commission or used as
evidence in a subsequent proceeding under this Ordinance without the
written consent of the person concerned.
D. Within thirty days after the filing of the complaint the Commission shall
commence an investigation of the complaint to ascertain the facts relating
to the alleged unlawful discriminatory housing practice. If the
complaint is not resolved before the investigation is complete, upon
completion of the investigation, the commission shall determine whether
or not there are reasonable grounds to believe that an unlawful
discriminatory housing practice has occurred. The Commission shall make
a determination within 100 days after the filing of the complaint. If
the commission is unable to complete the investigation and issue a
determination within 100 days after the filing of the complaint, the
Commission shall notify the charging party and respondent in writing of
the reasons for not doing so.
If the Commission concludes at any time following the filing of a
complaint under this section that prompt judicial action is necessary
to carry out the purposes of this Ordinance, the Commission may commence
a civil action for, and the court may grant, appropriate temporary or
preliminary relief pending final disposition of the complaint. Any
temporary restraining order or other order granting preliminary or
temporary relief shall be issued in accordance with G.S.l A-l, et seq.,
Rules of' Civil Procedure. The commencement of a civil action under this
subsection does not affect the continuation of the Commission'S
investigation or the initiation of a separate civil action pursuant to other
subsections of this section.
E. If the Commission finds no reasonable ground to believe that an unlawful
discriminatory housing practice has occurred or is about to occur, it shall
dismiss the complaint and issue to the Charging Party a right to-sue letter
which will enable him/her to bring a civil action in Superior Court in
accordance with the provisions of Subsection I of this section.
8
F. If the Commission finds reasonable ground to believe that an unlawful
discriminatory housing practice has occurred or is about to occur, it shall
proceed to try to eliminate or correct the discriminatory housing practice
by informal conference, conciliation, or persuasion. Any conciliation
agreement between the Respondent and the Charging Party must be approved by
the Commission whether reached before or after the Commission makes a
determination of the complaint pursuant to subsection D, shall be:
1. An agreement between the respondent and the complainant and shall be
subject to the approval of the Commission. The Commission may also
be a party to such conciliation agreements.
2. Each conciliation agreement shall be made public unless the Charging
Party and Respondent otherwise agree, and the Commission determines
that disclosure is not required to further the purposes of this
Ordinance.
G. If the Commission is unable to resolve the alleged unlawful discriminatory
housing practice, it shall notify the parties in writing that conciliation
efforts have failed.
H. A Charging Party may make a written request to the Commission for a
right-to-sue letter:
1. Within 10 days following the receipt of a notice of conciliation
failure; or
2. After 130 days following the filing of a complaint, if the Commission
has not issued a notice of conciliation failure.
I
,
Upon receipt of a timely request, the commission shall issue to the Charging
Party a right-to-sue letter which will enable him/her to bring a civil
action in Superior Court in accordance with the provision of Subsection I
of this section.
I. A civil action brought by a Charging Party pursuant to Subsections E or H
of this section shall be commenced within one year after the right-to-sue
letter is issued. The Court may grant relief, as it deems appropriate,
including any permanent or temporary injunction, temporary restraining
order, or other order, and may award to the Charging Party actual and
punitive damages. The Court may award court costs and reasonable attorney's
fees to the prevailing party provided, however, that a prevailing Respondent
may be awarded court costs and reasonable attorney's fees only upon a
showing that the case is frivolous, unreasonable, or without foundation.
J. After the Commission has issued a notice of conciliation failure pursuant
to Subsection G of this section, if the Charging Party does not request a
right-to-sue letter pursuant to Subsection H of this Section, the Charging
Party, the Respondent, or the Commission may elect to have the claims and
issues asserted in the reasonable grounds determination decided in a civil.
action commenced and maintained by the Commission.
1. An election for a civil action under this subsection shall be made no
later than 20 days after an electing Charging Party or Respondent
receives the notice of conciliation failure, or if the Commission
makes the election, not more than 20 days after the notice of
conciliation failure is issued. A Charging Party or Respondent who
makes an election for a civil action pursuant to this subsection
shall give notice to the Commission. If the Commission makes an
election, it shall notify the Charging Party and the Respondent of
the election.
9
2. If an election is made under this subsection, no later than 60 days
after the election is made the Commission shall commence a civil
action in Superior Court in its own name on behalf of the Charging
Party.
In a civil action brought under this subsection, the Court may grant relief
as it deems appropriate, including any permanent or temporary injunction,
temporary restraining order, or other equitable relief and may award to any
person aggrieved by an unlawful discriminatory housing practice compensatory
and punitive damages. Parties to a civil action brought pursuant to this
Ordinance shall have the, right to a jury trial as provided by the North
Carolina Rules o.f Civil Procedure.
K. After the Commission has issued a notice of conciliation failure pursuant
to Subsection G of this Section, if the Charging Party does not request a
right-to-sue letter pursuant to Subsection H of this section, and if an
election for a civil action is not made pursuant to Subsection H of this
section, the Commission shall proceed with a public hearing.
L. When provided for in Federal or State procedures the Commission may transfer
the charge for continued processing to the appropriate Federal or State
agency in lieu of a public hearing or civil action.
SECTION 6.5-68
HEARINGS
A. If a conciliation agreement has not been reached within sixty (60) days
after a cause determination has been issued, the Commission shall serve on
the Respondent, by registered or certified mail, a written notice together
with a copy of the charge as it may have been amended requiring the
Respondent to answer the allegations of the charge before a Hearing Panel.
appointed by the Commission consisting of at least three persons, one of
whom may be a non-commission member or before a Hearing Officer appointed
by the Commission at a time and place specified in the notice. A copy of
the notice shall be furnished to the Charging Party and such other public
officers and persons as the Commission deems proper.
B. A member of the Commission who initiated the complaint and/or the staff who
investigated the complaint shall not preside at the hearing or participate
in the subsequent deliberation of the Commission except as a witness or as
provided for in Section 6.5-680.
C. The Respondent shall file a written answer with the Commission in person or
by registered or certified mail in accordance with the rules of the
Commission. The Commission shall furnish a copy of the answer to the
Charging Party and any other party to the proceeding. The Commission or the
Charging Party may amend the charge and the Respondent may amend an answer
at any time prior to the issuance of an order based on the charge but no
order shall be issued unless the Respondent has had the opportunity of a
hearing on the charge or amendment on which the order is based.
D. The case in support of the charge will be presented at the hearing by the
Commission staff or by the Charging Party unless the Charging Party elects
to have other representation.
E. A Respondent who has filed an answer or whose default in answering has been
set aside for good cause shown may appear at the hearing, with or without
representation, may examine or cross-examine witnesses and the Charging
Party, and may offer evidence. The Charging Party may examine and
cross-examine witnesses and may present evidence.
F. If the Respondent fails to answer the charge, the Commission or the Hearing
Officer may enter a default, and the hearing shall proceed on the evidence
10
in support of the charge. The default may be set aside for good cause shown
upon equitable terms and conditions.
G. Testimony taken at the hearing shall be under oath or affirmation and
transcribed. If the testimony is not taken before the Commission, the
record shall be transmitted to the Commission. No testimony of any witness
before the commission pursuant to a subpoena issued by the Commission may
be used against him on the trial of any criminal action other than a
prosecution for false swearing committed on the examination. Any person who
swears falsely while under oath is guilty of a misdemeanor.
H. The recommended findings of fact of the hearing panel or hearing officer
must be referred to the Commission for final determination.
SECTION 6.5-69
DISMISSAL AFTER HEARINGS
If after the hearing the Commission determines that the Respondent has not
engaged in a discriminatory practice, the Commission shall state its
findings of fact and conclusions of law and shall issue an order dismissing
the complaint and furnish a copy of the order to the Charging Party, the
Respondent, and such other public officers and persons as the Commission
deems proper.
SECTION 6.5-70
DETERMINATION OF DISCRIMINATORY PRACTICES: RELIEF
A. The Commission's final determination may be made on behalf of the Commission
by the Executive Committee of the Commission. If the Commission, in its
final decision finds that a Respondent has violated or is about to violate
this Ordinance, it may order such relief as may be appropriate, including
payment to the Charging Party by the Respondent of compensatory damages and
injunctive or other equitable relief. The Commission's order may also
assess a civil penalty against the Respondent:
1. In an amount not exceeding ten thousand dollars if the Respondent has
not been adjudged to have committed any prior unlawful discriminatory
housing practices;
2. In an amount not exceeding twenty-five thousand dollars if the
Respondent has been adjudged to have committed one other unlawful
discriminatory housing practice during the five-year period ending on
the date of the filing of the complaint; or
3. In an amount not exceeding fifty thousand dollars if the Respondent
has been adjudged to have committed two or more unlawful
discriminatory housing practices during the seven-year period ending
on the date of the filing of the complaint.
If the acts constituting the unlawful discriminatory housing practice that
is the object of the complaint are committed by the same natural person who
has been previou.sly adjudged to have committed acts constituting an unlawful
discriminatory housing practice, then the civil penalties set forth in 2 and
3 of this subsection may be imposed without regard to the period of time
within which any subsequent discriminatory housing practice occurred.
B. Any person aggrieved by the final agency decision following a hearing may
petition for judicial review in accordance with the provision of G. S.
1508-43 through G.S. 1508-52. The Court in a review proceeding may:
1. Affirm, modify, or reverse the Commission's decision in accordance
with G.S. 1508-51;
11
2. Remand the case to the Commission for further proceedings;
3. Grant to any party such temporary relief, restraining order, or other
order as it deems appropriate; or
4. Issue an order to enforce the commission'S order to the extent that
the order is affirmed or modified.
C. If, within 30 days after service on the parties of the Commission's decision
and order following a hearing, no party has petitioned for judicial review,
the Commission or the person entitled to relief may file with the Clerk of
Superior Court a certified copy of the Commission'S final order. Upon such
a filing, the Clerk of the Court shall enter an order enforcing the
Commission's final order.
Section 6.5-71
ACCESS TO RECORDS: SUBPOENAS
A. In conducting an investigation, the Commission shall have access at all
reasonable times to premises, records, documents, individuals, and other
evidence or possible sources of evidence. The Commission may examine,
record, and copy such materials and take and record the testimony or
statements of such persons as are reasonably necessary for the furtherance
of the investigation. The commission will comply with the provisions of the
Fourth Amendment to the United States Constitution relating to unreasonable
searches and seizures.
B. The Commission may issue subpoenas to compel access to or the production of
such materials, or the appearance of such persons, and may issue
interrogatories to a respondent, to the same extent and subject to the same
limitations as would apply if the subpoenas or interrogatories were issued
or served in aid of a civil action in the General Court of Justice.
C. Upon written application to the Commission, a Respondent shall be entitled
to the issuance of a reasonable number of subpoenas subject to the same
limitations as subpoenas issued by the Commission. Subpoenas issued at the
request of a Respondent ~hall show on their face the name and address of
such Respondent and shall state that they were issued at his request.
D. If a person fails or refuses to obey a subpoena issued by the
Commission, the Commission may apply to the General Court of Justice
for an order requiring that its subpeona be obeyed, and the court
shall have jurisdiction to issue such orders after notice to all
proper parties. No testimony of any witness before the Commission
pursuant to a subpoena issued in exercise of the power conferred by
this Ordinance may be used against him/her on the trial of any criminal
action other than a prosecution for false swearing committed on the
examination. If any person, while under oath administered pursuant
to this paragraph willfully swears falsely, he/she is guilty of a
misdemeanor.
Sections 6.5-72 - 6.5-90 Reserved.
12
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~h18 Ordinance adopted at
of New Hanover County on
Board of County Commissioners
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JUt'rICU!: V. VENUE
All civil actions shall be commenced in Now Hanover County Superior Court.
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Amended.
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4/13/92l82fhordinance
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iSnaril of (Uommissioncrs
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N tm lIannutr arnunty
1l\tsnlutinn
WHEREAS, New Hanover County received title to property known
as the Lucille Shuffler Building in 1986; and
WHEREAS, New "Hanover County utilized the property as the
.Department of Aging facility until its relocation to a new
facility in 1992; and
WHEREAS, New Hanover County has determined that it does not
have a need for the property in its present condition or funds to
renovate it for another use;
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County
Board of Commissioners does hereby declare the Lucille Shuffler
Building to be surplus property; and
BE IT FURTHER RESOLVED that the Board of Commissioners
declares its intention to sell the Lucille Shuffler Building to
the highest responsible bidder; and
BE IT FURTHER RESOLVED that the County Manager is authorized
to advertise for sealed bids pursuant to N.C.G.S. 160A-268 for
the purchase of the Lucille Shuffler Building, said bids to
include the following information:
L A proposed purchase 'price , with a minimum price of
$120,0004 of the property as it exists.
2. A proposal for the perpetuation of the "Lucille
Shuffler" name by the new owner..
3. A description of the intended use.
Adopted
May, 1992.
(SEAL)
.
ATTEST: "1,.:;....
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.
JAMES G MARTIN
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
124 Division Drive
Wilmington. NC 28401
919-251-5716
April 20, 1992
DIVISION OF HIGHWAYS
THOMAS J HARRELSON
SECRET ARY
WILLIAM G MARLEY, JR, P E.
STATE HIGHWAY ADMINISTRATOR
Division 3, District 3
New Hanover County
Mr. B. L. Mathews, ~~. ,Chairperson
New Hanover County Board of Commissioners
320 Chestnut Street
Wilmington, North Carolina 28401
RE: Secondary Road Construction Program
Dear Mr. Mathews:
.
As required by General Statute 136-44.5, before July 1 each
calendar year, the Department of Transportation shall make a study of
all state maintained unpaved roads in order to determine the unpaved
mileage in each county and the total in the state.
These mileages are required to determine the secondary
construction allocations to each of the counties. The allocation for
the secondary construction funds are determined by dividing the total
number of miles in the state times the statewide allocation as approved
by the legislature.
Secondary road construction allocations are based upon the amount
of revenue generated by the gasoline tax and the final total will not
be known until the end of the current fiscal year, ending June 30,
1992. Should there be a significant change in the county allocation,
we will inform you of any adjustment in the county improvement program
for 1992-1993.
Based on an unpaved mileage of approximately 10
Hanover County, compared to unpaved miles statewide,
allocation is estimated at $87,731 which is expected to
the July Board Meeting.
miles in New
the secondary
be approved at
The North Carolina Board of Transportation has approved a paving
..riority rating system having two paving priorities in each county, on~
for rural roads and one tor residential/subdivision roads. A copy at
- the paving priorities is attached for your reference.
An Equal Opportunity I Affirmative Action Employer
Seco!ldary Road
. con;truct.l~n P:l;'ograrr
. Apr...l 20, ...992.
Page 2
In compliance with our Boardts directives, while addressing overall
county needs, we submit the following proposals for the expenditure of
estimated secondary construction funds for New Hanover County, for the
period through June 1993. This proposal will be presented at your
regularly scheduled public hearing on May 4, 1992 at 6:30 P.M. as
follows:
Estimated July 1, 1992 Secondary Construction Allocation:
81,731
Spot Stabilization, Paved
Road Improvements, safety
Improvements, and Small
Bridge Replacement
16,772
70,959
SR 1894, Anaca Point Road
. Grade, Drain, Base, Surtace
and Erosion Control. From
SR l403 to Dead End.
priority 3R
0.49
25,000
45,959
SR 1488M, Lancaster Street
Grade, Drain, Base, Surface
and Erosion Control. From
End of Pavement to SR
1403.
priority 95
0.32
41,000
4,959
Rescue Squads, VFD and
Contingencies
0.81
Goal 0.68
4,959
o
.
secondary Road
Construction proaram
April 20. 1992
paae 3
.
A copy of this proposed program is posted on the public bulletin
board at the courthouse for public review.
We wish to point out the amounts used in the cost of each of these
priorities is an estimate and is subject to variations due to infla-
tion. cost of materials. equipment rate changes. and so forth.
We appreciate the opportunity to meet with you. the board and the
pu~lic, to present this program. Recommended deviations from this
submission by the Board of Commissioners must be in compliance with
General Statute 136-44.8.
In the event right of way for any of the proposals above is not
available, it is our plan to proceed with the next priority until right
of way is acquired and funds are expended. You will be notified of
changes in this program. In addition, at the end of each calendar year
you wil~ be presented a detail report of work accomplished and funds
expended.
Very truly yours,
.
. .
7JJ~ W.tp~
Marilyn W. Williams
Member, Board of Transportation
~~~E'
Division Engineer
~
J. P. Cook
District Engineer
DJB/JPC:saz
cc: Highway Maintenance Engineer
.
.
.
.
1989-1990
1990-1991
1991-1992
3 YEAR TOTAL
SUMMARY OF COUNTY CONSTRUCTION PROGRAM
1989-1992
GOAL
0.64
0.70
0.70
2.04
MILES PAVED
0.54
0.54
1. 24
2.32
. f
SRI Q RAT I NG UNPAVLD ~,)ECONDAH Y 1~,lJI'111::> - HUHr1L
CnllN I Y , NEW ~MN(JVEH
S'/R f'R TY NAME I, LNG TH HUM F'/H ~.)CH CH BS J N HF : n H/ H
F't1l"r 1
19U9..199
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.jA RAHH(JI"H) H [) tll) .BO 4 '/ 1 y' 317 N 6:,)4.
2 Al LFN'S LANE . ,313 42 1 '( .,'(:j 1 F ') 74.
1894 3 ANACA POINT H .49 :') 1 )' 1 :',)6 N :)6:! .
1827 4 ROGLHS AVE. . :~:1 1 :.) 'j '1 N 10U I~ 196.
1516 5 WHI~i~:FY CK. L 1 . ~jO 10 ~I ) 90 F 1 5c).
"-.
2169 6 FIlLDHICKSlJN R .J9 '1 N .lO N 60.
1408 7 f'Rn~iF'LCT CFMF .30 3 t'-J 30 N 45.
1385 8 Sr1MI'~)nN 5THl::.E .43 1 N 10 N 15.
1318 9 lIL ilL Cl. AY H () t') . 1 1 N 6 N 1.1 .
NUMflFR ROADS 9 )(HAL MILLS, 4. ( :~
.. INDICATES PREVIOUS TOP 10 PHIUHIfY Af;; R[(~UIED BY Gb 1 ~(, 44./<[:)
.
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SRIQ RATING UNPAVED SECONDARY KUAD~ - ~UBl)IVI~lUN/RLbIDLNllAL
COIlNTY NEW HANOVER
SIR PRTY NAME LENGTH HUM P/H SCH CH DS IN RE ~B BIR
1 '728 MY R T1... F C ('d~ DEN .54 9'7
1709M rl TENNF~:;FE i:1VE. . 1 -4 1 I
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1 :534 3 ~;DNDEY RO(1.D .40 ,:~B
1490 4 DUNDI~R Ror.I> .40 :'51::;
167:?M ,.. OCEAN HEIGHTS .31 31
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1529 6 ~;CClUT Crit1F' HA . 0~> c)
1722 '7 ~;OLJTH Ci~HDL I N .05 6
1701 B HFtl THCl., I FE HO '" \~J4 r)')
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14BBM 9 Lr-INC('tSTEF{ ~HH . 3:~ ") l
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:?'O0:,! 9')(' I,JClClDHtl VEN DH. .DO 3':>
1 478B 10')f CHAHTEH DR I \lE ^ :37 '1 '1
'1HlB 10 FHENCH HOAD 0\ 2() 16
1670 1 1 VICTDHY GAI~DE ^ ?~) i ....
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i 72~> 1 ':) nICE HD(:,D . 1 B 1 ")
:~::~22 13 GOFF DHIVE . :',!.3 1 \',}
i BO'l M 14 NI~f.;H DRIVE .43 19
1 478A i 5 H I LL~::;Df~LE DIU .45 1 8
2202 16 EDNA BUCK HD .30 1 1
1413B 1 7 ALLEN I ~; !.. r-I N E .2'1 ~3
i 3~>4 HI HORNE PLACE D to :'.~ I:> D
1232 19 ~; I GM(:IN HDAD .08 .3
2Hl2 20 NIXON l..~~lf'~E .Hl 6
1407 21 DtlRDEN HOAD .:55 9
1 B2:,! :.~ ~.~ BEf:; I DE E t. f:; T (.oj () . HI 3
1471 ::!. ~~ MCCUI"IBEH Sri~ . 0\ ::? ~5 :3
21El3 :.14 f:;F'H I NC HClAD . 16
NUMI:IEH H()(;DS. "j L TOTtI!.. r1 I l... E ~3 '
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4
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. 'INDICATES PREVIClUS TClP 10 F'RIClRITY AS REQUIED BY GS 136-44. ICB)
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I"'I~C, I::, '1
1 ?W?).'-1 991
THAF T/F T/PT~;
5{]2 N 1 (It)9. '('
146 N 1091 .7
:~48 N 843.0
:,!34 N f.l04.0
106 N 796.0
3c) N T:>6.0
36 N 7~)6 . 0
? i :,! N 669.0
1':>6 N 64~5. ~5
:.~ ~> ~:> N ~>46.2
132 N 498.7
1 1 1 N 616.0
1 :',~8 N 56lL 0
7:,~ N 47~!.. 0
1 0~) N 4~57 . (3
1 1 4 N 389.1
123 N 384.1
66 N 296.0
63 N 259.2
4f.l N :~~>0. 0
1 B N 24;'5.0
36 N :,~36. 0
54 N :~08. 2
~!D N 1 ~)~L 7
1 (3 N 90.0
1 (-) N 20.0
y
r~
y
Y
N
N
Y
t~
Y
Y
N
N
N
Y
Y
Y
Y
N
Y
N
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BOor,
, 60 1
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PAGE
1567
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF NAMING
A PRIVATE EASEMENT TO WHITTED CIRCLE
ORDINANCE
It appearing to the Board of County Commissioners of New
Hanover County that consideration has been given to the naming of
a private access easement to WHITTED CIRCLE, located in Cape Fear
Township commencing approximately 1,000 feet west of the Rockhill
Road-Belt Road intersection extending north approximately 400 feet
and looping south back to Rockhill Road to its termination; and it
further appearing that a public hearing was held on Monday, May 4,
1992, at which time all persons were heard on the question of
whether or not the naming would be in the public interest; and it
further appearing that notice of said hearing was transmitted to
all resident owners and prominently posted in at least two (2)
locations along said road, and published in the Star News local
newspaper, 'and the Board of County Commissioners is of the opinion
that said road in New Hanover County should be named and the naming
of same is in the public interest, the description of which is
delineated on the attached exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described access easement is hereby named WHITTED CIRCLE.
IT IS FURTHER ORDERED that a copy of this ordinance be
recorded in the office of the Register of Deeds of New Hanover
County, North Carolina, and that notice of the action taken by the
Board of County Commissioners be transmitted to the postmaster
having jurisdiction over the road, the North Carolina Board of
Transportation and to any city within five (5) miles of said road
in accordance with N.C. General Statutes 153A-240.
~"P' '"'1.3
This the
Attest:
'----
RETURNED TO
S. G u), y..o t>
C.O ?~~_
RECORDED &. VERIFIED
RE8ECC-A T. CHRI ST\AN
REGISTER OF DEEDS
NEW HANOVER CO. N C
, 92 r1R~ 12 Rr1 9 lS
May 1992
II
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13
A Grady and Emma Lou Whitted
B. JeRph and Edith Williams
. C. James H. and Odessa Hill
D. Louis Whined
.. E. Louis Whitted
F. Louis T. and Estelle G. Whitted
20.6 .7 G. Francis McDuffie
17.'
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