Loading...
Agenda 2000 01-03. i 'F, , AG E N:DA~ . , ~~' HANOVER COUNTY BOARD OF COMMISSIONERS - ~ . ,. , Assembly Room - ~~ - ~ ; New HanoveY County Historic. Courthouse ~ ~ - ' ' , ~ - ... 24 N. Third :Street . - - .,Wilmington, NC a _ _ WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREERVKE=CHAIRMAN - , BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR„ COMMISSIONER • CHARLES R. HOWEIC, COMMISSIONER ~~ ALLEN O'NEAL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLE RK TO THE. BOARD - y .~ `' January, 3, 2000 ' ~ 6:30 p'.m, :.. E.. ; - .}., ' . ~ .}. , , . , - . , - :. . .' ' MEETING CALLED TO ORDER: (Chairman William A.~ Caster) ~ - . . ' - . . ,. INVOCATION .. .. ~, ... -.. ~ PLEDGE;OF ALLEGIANCE '` - .. „ ;~ ' . , , ::: . " , ._ NON-AGENDA ITEMS (Limit three minutes).: .. ~ . ~ {° APPROVAL OF CONSENT AGENDA: - ` . . E " ESTIMATED- ~ ~; _ ITEMS OF BUSINESS - :. • ~, . - , . PAGE ' ~ 'TIMES - , . _ NO. 45 p m ~ 1 Consideration of Resolution Concerning Bond Issue or Preliminary- ~ ~~ ~ 1 ; ~ '° • -; . Findings Resolution for. Greenspace Bonds - - "; - .. .. .. , " x6:55. p.m. ~ 2: Presentation:and Update on Natatorium` --. ~ ' ~ ~ . ~ 5- ' ,~, . .. ,. ~;~` 7:10 p,m. ~ 3. Consideration of Award of Contract for Northeast Branch Library ' ~ . , ~ '7 - .,. , .~ _ - - . - and Approval of Related Budget Amendment #OQ-0089/2000..-35 ; ., - 7:30 ~p m. '~4. 'Consideration of~Resolution of New Hanover County Board of 23 - :.$- -' ~ ~ Commissioners and the"Wilmington City Council>Requesting ' ~ , - `:• ~ ' - Assistance by'the Honorable James B. Hunt,. Jr. in the Timely Funding..: f - - -" ' ~ and Completion of Three Priority Roadway Projects . _ 7:40 m 5. U ~-date on Drai p p _ nage issues , :...- - . , 25 .., . . 8:00 p m: ~~ 6. Consideration•of Selection of Engineering` Finn for WASTEC Captaly~ ~ ~ ~ ' 27 . `~ y . ~: : •,r. .Projects , ~ s': 810 p,m. ~ 7. Consideration of Request for. Approval of Condemnation Spring. Branch ~ 31 ~,: - ' ,. Sewer~Interceptor . ~ . .. -. ' . ! ° 25` m: 8 Consid r ti l f -S f G l Obli ~ - ' ~ ~ . p. . e a on: o a e o enera gation Bonds ; . . ., -. a. - ,. ~ - 33 - . ; - - ,b ~ . . j - r Public Hearings: 8:35 .m. 2 - ial U er p 9.1 Case S-451,1 /99 Spec se P rrut for a Cluld Day Care Facility 53, 8:45 p.m. 9.2 Case S-450,12/99 -Special Use Permit for a Community Boating ~ 59 '_. ' .,. Facility . 9:OO p.m. 10. Meeting of the Water and Sewer District 63 ADDITIONAL ITEMS County Commissioners ` County Attorney County Manager 9:30 p.m. ADJOURN . CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS January 3, 2000 ITEMS OF BUSINESS PAGE NO. 1. Approval of minutes 75 2. Acceptance of State Senior Center Funds for Department of Aging 77 Senior Center 3. Approval to waive Murrayville Water System Development fee due 79 to hardship 4. Approval of contract #00-0199 for a term contract for open plan 81 office systems and accessories to American Seating Company 5. .Approval of contract #00-0234 with TLT Babcock, Inc. for a shaft 83 assembly for the existing wet ash pusher at the WASTEC facility b. Approval of contract #00-0239 with Navistar International 8S Transportation Company for one tandem cab and chassis for Vector Control of the Health Department 7. Approval to apply for NCDOT Section 5311 Grant for FY2000-2001 87 8. Ratify Appointment of Wanda Neidig to the Criminal Justice 91 Partnership Board/Juvenile Crime Prevention Council 9. Approval of Budget Amendments: 9.1 #2000-15 Federal Forfeited Property Capital Project 93 9.2 #00-0085 Social Services Administration/ Crisis Intervention 94 Program 9.3 #00-0086 Non Departmental/Transfer to Other Funds 95 10. Approval of Resolution to extend FEMA assistance deadline to 97 January 14, 2000 NEW HANOVER~~COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date:. 01/03/00 Regular Item #: 1 Estimated Timer Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney .Contact:.Wanda M. Copley, County Attorney SUBJECT: - , . Resolution Concerning Bond Issue or Preliminary Findings Resolution for Greenspace Bonds . BRIEF SUMMARY: The County is required to adopt the attached resolution in order to apply to'the Local Government Commission for the approval of bonds in the amount of $45,000,000 to pay for capital costs of providing park and recreation facilities and greenspace, including the acquisition and construction~of new park and recreation facilities, the improvement and expansion of existing park and recreation facilities, the acquisition of real property and interests .therein for park and recreation, greenspace and conservation purposes, and the acquisition and installation of furnishings-and equipment required therefor. ' . RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the. resolution. , FUNDING SOURCE: ATTACHMENTS: Yes. ~ ,~ REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AN RECOMMENDATIONS: Recommend approval of resolutiot~:~ COMMISSIONERS' ACTIONS/COMMENTS: 1 RESOLUTION CONCERNING BOND ISSUE OR PRELIMINARY FINDINGS RESOLUTION WHEREAS, the Board of Commissioners 'of the County of New Hanover has made the following factual findings: 1. Description of the project: Bonds are proposed to be issued in the maximum principal amount of $45,000,000 for various park, recreation and greenspace projects. 2. Facts re~ardin~ necessity of pro osed~rojects: The proposed projects are necessary and expedient because present facilities are inadequate to meet the needs in the community. 3. Facts supporting the amount of bonds r~oposed: The amount of bonds proposed is adequate and not excessive for the proposed purposes based~on present estimates. 4. Past debt management policies: The County. has in the past always appropriated funds in accordance with North Carolina law during each fiscal year in an amount sufficienf~to retire all principal and interest on indebtedness. 5. Past budgetary and fiscal management policies: The County has always adopted its budget in a timely manner in accordance with North Carolina statutory requirements and has obtained an unqualified opinion from a certified public accountant in connection with each annual audit. 6. Retirement of Debt: In order to satisfy the estimated increase in debt service requirements, the County's property tax rate will increase by approximately 3~ or 5 o and such increase is not excessive. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD: 2 The Finance Officer is directed to file application for approval of the bonds with the Local Government Commission as required by North Carolina General Statute §159-51, and is designated the representative of this County for that purpose. ~~ ~~~~'1~~ a~ ~~ a C-621952v~01. ~137y0~4:00-y0st~5~ yy V (~` ~t~~ly~ 4~ ~, i . ~~ . . . j ., STATE OF NORTH CAROLINA ) ) ~ , COUNTY OF NEW HANOVER ) ,i - } , h ,Clerk to the Board of Commissioners of the County of New Hanover, DO HEREBY CERTIFY as follows; ' 1. A meeting of the Board of `Commissioners of the County of New Hanover, located in the State of North Carolina, was duly held . -. ' ~ proper notice of that meeting having been given as requu-ed by-North Carolina statutes; and ° minutes of that meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of the Board. 2. L have compared the attached resolution with the- resolution so recorded in the . minutes, and do hereby certify that it is a true and exact. copy of the resolution adopted by . the Board of Commissioners on 9 ' IN WITI\TESS WHEREOF, I have hereunto set my hand and have .hereunto affixed the corporate seal of said County on (SEAL) . Clerk to the Board of Commissioners .. -' C~621952v0i_.13704.OOOIS ~ ~ ~ ~ e . _2_ . .. 3 . , {This page intenti®~ally left biar~k} fl J 4 ~~ .- . .. .,:. . ,. .. ,. a `" .. ., :,~' N'EW HANOVER COUNTY BOARD OF C01111 . .; MISSIONERS , ` REQUEST. FOR BOARD ACTION , - ' . - .. Meeting -Date: 0 !03/00 ' . _ _ Regular=Item # 2 Estimated Time: Page Number:. ~ . ' ~ - ;.Department: Finance ..Presenter:- Don.Gilchrist ' .- ., . . Contact: `Bruce T. Shell . . ... . - .. . . " SUBJECT: _ ~ ._ ~ Update on. Natatorium .. , _,}, ., ., . -, . ,, BRIEF SUMMARY: . . , "' ~ : , .. Don Gilch"rist wilt present a-brief update on the status ofi the Natatorium Committee. - ~ ~ „ " :';, .. ... ~ RECOMMENDED MOTION AND REQUESTED'ACTIONS: . , . , . ,. - ' , .:. :Listen fo the presentation. ~ '._ , ~ , Y " FUNDING SOURCE: ~ .. ~ ~ .. . . _ -. ATTACHMENTS: REVIEWED:BY: ,. . ~ . ~~ ~ LEGAL - ,PENANCE: Approve' BUDGET: N!A HUMAN RESOUR CES: _ . . , _ ,. . ..=COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ..k .. , ~ ~ ' ~~~ . • ,_° ; There is no backup on-this-item. Mr. Gilchrist will present a five minute oral.. .. . presentation . ^ ~' ~ i 'iffier ~ i a : COMMISSIONERS` ACTIONS/COMMENTS:. ° ~` =~ . , ~. - . . , , ~ o ,~ . -... ~ - _ ,. ~ - ..: _ . . , , . _. . . COUNTY ~M~I~~t~t - . ~. ... . ~ APPROVEt~ ,. REJEC7~t} ®~ .. .. REMOVED 7 ' . POSTPONE©® : ; ~ ' ~ - HEARD *~' .._ .. ; - . _ . e . ., [ DATE i~ 3 ~~~~..,~-- ~~ - {This page Inte~ttio~aallyl~~t blank} . ~ , ,: Q ±D +3 'qtr 'ti N'~ /' ~ ~'~~' ~ ~~ ~~~~ ~~~~~~ ,, ~'~ s~~~i~T~C3 ~'~A~4 ~~~ ~~ 6~ . •~. ~~ `NEW HANOVER COUNTY BOARD Of COMMISSIONERS ~''~' ,. • } ~ _. REQllEST FOR BOARD ACTfON , : , • ~ ~ .` Meeting Date.: 01/03/04 ." .. • -~ .' ~ • ` ~~ Regular Item #: 3 Estimated Time:.. Page Number` ' - ~ ,' ,, `; Department: Library - Presenter; Bob Mayo, David.Paynter ~ - ~ ` '" Contact:. 'David- i'aynter .` ~ - ~ ' _ - : , .: .. -. • .. ~ ~ - • - . ~ .. ,_ .SUBJECT: , ., , • Consideration of~Award of Contract for Northeast Branch Library and Approval of °~° •. '~ < Related Budget Amendment ~ • • • . .. - ~.. . a.:~BRIEF.'SUMMARY: '. - .. ' ~ •. Bids have been received for the general contractor for the°Northeast Branch Library ~(NE13t). The.low . ~ bidder Is Hale Contractors. The amount of the base bid is $1,334,400. Alternate 1 in.the:amount of ~ . -• ~ $94,000; `for. uplift of rooms 301', 303, 304, 305; and 306 (meeting.. room and adjoining rooms) and ` ~ Alternate:2 in the amount of $3,000 for two additional book drop devices are•also recommended.. for award. • ' ~ ,. Bob Mayo, representing the Friends of the Library and the Library Advisory Board, will appear to address ~~' - t ;the Board on, the status of the fundraising, and to discuss the design and the• alternates in-Hale • Contractor's bid. ~ - .. - . ,... , • Still to' be addressed is fhe'design and award of contract for the UNC-W space.. °The lease agreement has ' ~ been received and sent back to the State for execution. Staff is anticipating being able to execute a ' v change order to the Hale contract within the next several.weeks. This change order will. be an agenda, item - for ydur approval when. it is ready:` ` - ' .. " ' RECOMMENDED MOTION AND REQUESTED.'ACTIONS: .,.• . - Approve.contract vdith. Hale Contractors in the amount of $1,43T,400 to include Alternates 1 and 2. ., ~~ ,Authorize the Chairman to sign the contract. A copy of the contract is on file in the County..Manager's ~ " ` .Office. Approve budget amendment # 00-0089/2000-35-= : ~ • ~ ` .- •' . . .. - ,, . .FUNDING SOURCE: ;.•. ..' , _ .. A spreadsheet is enclosed.detailing the capital project as it would eppear,after posting he above budget • r amendment. • See the other detail attached that shows additional revenues that,will come in over,a period - of time to help offset higher initial'costs: In any construction project, there are opportunities for`"deducts.", _ • ~ `• Potential-areas have been identified by the contractor for approximately $123;616 in deducts. The major ~ . . - ,areas are $27,800 for skylightand`any associated drywall work; $16,710 forfour new window openings on • • .east side of building; $14;466 to substitute flooring, and. $9,385 for ceramictile floors and wainscotwalls in ` all toilet rooms•.~ The Friends. of the Library .and the Library Advisory Board are no.t in flavor of any of these . ~. , deducts • ATTACHMENTS:. - ~ . •, , .: - _ - '` ~ couiv~r coM~~coN~ ~. . . - . ~, .. APPROVE . ~~ . .. .REJECTED. O - BA #00-0089, ~'#20, r . :. ~', REMOVED Q _ } . • REVIEWED BY: •. ~ - ~ POSTPONED C_ I ~ {" . 'LEGAL•~Approve~~ FINANCE:. BUDGET: - HUMAN RESOURCES: N/A HEARD • .. • ~ " - - DATE ~ -3_ _ZD~: ,~ _~ • ~_ - _.~ ., . . . - ,. •. • COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~. 7 Recommend the Board hear the .presentation by Bob Mayo, representing. the Lip~ary Advisory Board and •, the Friends of the Library. He will provide.you with an update on fund raising and also on the bids received by Hale Contractors. The staff has provided a budget amendment that will cover the expenditures for awarding the base bid and alternates 1 & 2 to Hale Contractors without applying any of the deducts. If the Board desires to award the bids as~~detailed then also approve the attached budget ~~/ amendment number 00-0089/2000-35. `~ `~n~„~ 4 ~~i~~a/F ~1[ C } t P _.....u..Y...._., 8 l~i COMMISSIONERS' ACTIONSICOMMENTS: 7 ~~~ ~'~r~y~ yy,'`~;~ hest! `~k~Jp,~,+~?v~ryyNF~{(~`9'{ ~.A643'~/~iJ~rtj~~ .~M ~7rYCY~~~~jy V-F?pp',,~~V ' .. _ is ri.. ~ t -. ,... ~ - '. .. ., , .. ~ ~ ~ .. ~ , .. . . . ~ 23-Dec-99 , ' , .. . , ." . - • ~ ~ •' .. Current,. ~ ? ~ Budget ~ " .REVISED N ACTUAL ~ ,. ` .. .. BUDGET Amendment , .BUDGET AS OF . - ' 11, 30 99 . - ., - « .REVENUES: • :, _ . ~ CONT. FROM:FRIENDS 1,000,000. {60,000) 940,000; :. 54,619. ` 'STATE GRANT . -• ~ 20,000 ` 20,000 ~ 20,000 . . " FEDERAL-GRANT ',: 0 ~." 60;000 `; ~". 60,000: _~ , ~.. ~ ~ ' .. ,INTEREST., ,- 0 . ,. 0 (1'8,438) " SALE OF LAND; "''° 'r ''•• 500,000 50,000 : '550,000 ~ 0 ~ '' PROCEEDS FROM. COPS` ~.' 3,700,000 , 3,700-,000 2;982,394 ~' "' - ' ~ ' APPROPRIATED.FUND BALANCE 0 70,098 70,098 0 ~ . - - ' ~ .: 5,220,000 120,098: 5,340.,098 3;038,575' .. ' -_EXPENDITURE3: ~ ~ -. .. ~ , ... . • , ,: .. ,. . , . . • ~.HANNAF:ORD BLDG. P.URCH 3,000,802 0 . 3,000,802 ~.: 3,000,801 ' . .` ,RENOVATIONS ' ~ 1,317,700 .. 113;700 _ . ,.,• ~~` SMITH-GAGE ARCHITECTS 94,000 ,41,398 135,398. 94,000 ~ ,~ ADMINISTRATION , ~ ~ .. ` 2,250 0' 2;250 ;. 1,971 " • R TRASK-,SEWER LINES' ' • 3,467 0 3,467 , = 3,467 ~ - -' BIG SKY DESIGNS : ` _ : " ~. .: ,. 7,800 0 7,8Q0 7,800 ;,,: e`. ~ °~` FURNISHINGS/BOOKS ,~ ~ 793,981 .(35,000) 758,981- _•-' "` 0 ~ `., ~ ~ '.~ ~ -5,220,000 120;098 _ 5,340;098 '"3,1.08;039: ° ~ ' •- REVENUES OVER(UNDER) EXPENDITURES . (69;464)- - ., , .~ ~, , . .. - .. - • .. ~~ , . ' A r~ . . . - , , e: ~~ '~ ~ - ~ r - . n.. ` . . ~ - .. , . -.. r h ` M1, ~ ,P~ ~ _ . i ? ~ - ~ - ~ ~ e ~ ' . ..- - J .. .. . ~ _ . . ,, . .. • . , . . ~ • , ~ ~' ~. ~9 ....~. . . - . DEPARTMENT: General Fund/Northeast Branch Library BUDGET AMENDMENT #: 00-008912000-35 ADJU5TMENT ~ DEBIT CREDIT General Fund: Library: Supplies $35,000 Capital Outlay Equipment $25,000 ~~ ` Appropriated Fund Balance $70,098 y EZ-LSTA Grant $60,000_ ' Transfier To Capital Projects $70,098 ' Northeast Branch Library: ' EZ-LSTA Grant -~ , ~ ~ $60,000 Sale of Fixed Assets $50,000 Operating,Transfers In $70,098 Capital Project Expense $12D,098 Contribution From Friends of the $6D,000 Library EXPLANATION: To budget adjustments for the Northeast Branch Library due to the bid process and rebudget $60,000 technology grant in capital projects. ADDITIONAL INFORMATION: Additional budget amendment will be required when figures .are established for coffee kiosk and UNC-W space. The Appropriated Fund Balance to date is $5,374,794. APPROVAL STATUS: To be approved by Board Of Commissioners Q 10 .s November 24, 1999 ~ ~ ~ „ Mr. Gregory R. Thompson, PE . New Hanover County Engineering Department 414 Chestnut Street ' Wilmington, NC. 28401-4045 Re: New Hanover County Library and Meeting Room Dear Greg, For the above project, please findahe bid summary report enclosed. I have also included a spreadsheet calculating the base bid w7th each additional alternate for your convenience. Our office was pleased with the interest given to this project by contractors and the close proximity of bid'prices. Both indicate a good bidding environment, and a thorough set of bidding documents, thereby adding value to the project for the County. I am looking forward to the construction phase Hof this project. 1f you have any questions please call. Sincerely, • / .~ --- , J~rrnifer NI. Ba ntern Architect Smith Gage Architects, P.C, V ~ ~~ ~f~ Gov z 9 , ~~,'~ ~~~ ~~vc~~~~~p~~ n~~~;3r~~~~ 12 1900 EASTWOOD ROAD SUITE 15 WILMINGTON,`•NORTH CAROLINA 28403 910-256-6919,; FAX 910-256-6929 a~ .~ s, W a~ 1~~ 4 V] V] Vl VI N ~ ~ ~ ~U N U U ~" ," ~ ~ /` '[7 ~ b '*J 'II b 'O N U N N U ^p U U U U U p c c ~ c G L. c -`~ N °O c~i ~ ~ CC U G ~ N ~ N M M ~ .-a ~ M M M ~ ~ '~ (~ 0 0 O O O ~~ O C O O O C+ C O C O O O O C O O z o v o c ~n ~. ~ ~ ~ ~_ cY1 c o, 0 0 0 ~~.~ o 0 0 0 0 ~ . p O O~ 0 0 ,^ . Lz o ~ ~ o U M V' M Ul V' Q b O ;~ ° ~ 000 ~ O o~O . ' I i _ ~ M cA C i N O O O O O O O O O O ~ O O i O ~ ~ CC' M l p Vl °~ ~/1 'c3 c7 [~ co v'1 rn M ni 01 N M M M M Ct ~ ~. ~- ~ o a~ o ~ a ° ° '~ c C U o ` U U ° z~ ~ a ~_ .~ U " ~ o ~' ~ ~ c U c ~ ~ ~ ° ° ~z ,._, ° . ~ U ~ ..., o ~ a~ a~i o ' U ~ ~ C7 cA ~ a~ ~ ~ .~ ~ ° ~ a ~ Q ~ Sr O U r s, C 0 U o d U ~ .~ .~. ~ o {°.. U r ~ ~ cn C7 ' ~ , .a ~~ ~ ~ U U 'C y 'tt C -p N -:J U 'L7 QJ. "C1 U O Ca -o ~ -o 'o TJ U C U C U C U ` p .-~ G ~ L ~ U O CO ~ ~' v ~ ~ h M G1 r-~ M M ,~. ' ~' '~ S"~ ~ O O O y d- O O O ro ° ~z O ° O O O ~ a -~_ CO o o' c o' N O O O O r • o 00 00 00 '~'~ ~z O ~ o ~ 4'~ ~ -d O O O C ~ .--. O O C O ~ p O O O ~ ~ ~ 2 0 0 ~t ~ N O N V' Q ~ G1 ~ ~ O O O O O O O O ~ O O O +n V] ~ O ~ b C*_l ~ ~ ~ N 00 00 00 CO t.. ~; o ~ ° o U ° c ti ` ~° ~ o cd z p .~ ~ C ° ~ >, ~ ... U ti o ~' N ~ o U _ ° ., ~ U _ ~ a~ ~ o ~' ~~ x ~ ~ ~ Q F~ .,. ~. ,. .. . ,. ,. ' ~. • ~ . - ~ , . • ,. .. ,.. 3 .., . - j : . . ~ , , .,. ... , . ,. - - - _; ~ , ~ `a a~ a~ v ~ -o a~ a~ ~ ~ ~ . .a ~ - _ C r C ~ . .. ~.1 ~ ~ ~ GY7 ~ . a ~ W ~ ' '' Ts ~ C ~~ C ~ C • C ~ U C _. U C -o ~ U' ,- ~ • - e .. x ~ ~ ~ ~. 7 M - . .. '. _ _ Vl O M U O M U , ,_ • - y . . ~ b C , .}- ~ - ~.. ~ .. . , _ CG ~ p . .w ^ N, ~ ~ cv h1 _ Q? ` Q z G1 0 0 0 q . °o o ~ ~ p ° ~ , .c. ~,. ~ x' O O• ~ o Z ~ po 2 ~ 0 ~ .. ` .~ -~ .•. .-~ ~ M ~ _. N M ~ N .~ N CV~ ~ -. ~ ~ ~ ... F -. c .. .. • ,. ~ ' O O . m ~ O O O O ~ ~ O O O O - ~ oo ~, o ~ ~ „,, Fr, ._ . ~ ~ ~ t ~ ' Ca r ~ ~ _ p N ~ N o Cn ~ M ° ,' ~ ' , c v . . • . ,~ •. ,, ,o . c c i.,`, ~. ~. c. s, U . .. O O E . ~ cct ~ O U ~ ~ ~, O O , ~ ~ ,~ U • - - .. U C C , •., .._ ;.. .L .OC.. • ~ U .. O U C .=.U - ^- U C .E G C ~ W U -' . _. ~ ~ C O O . QI U Q O y- , - -. .. •: ~ dA _C •L N OC U O a O O aj U yv+ R ~ p O O O ~ ,w;' aJ O ~ .. ~. „e C .~ A 3 L U ~ L .L U 3 ~ a v .. - ., - .. .. y • . -. _, . - '. .. ~ - . . ' , , ., '. F 5 ') ~ O G~ ~ U an m c ~ v 16 ~ O p N CS •~ ~ ~ U Y ~ fi a~ 0 0 0 0 0 0 0 0 0 0 O O ~ ~ n ,_, N N o o c~ O c!i G~ ~O U O ~ ri ~ z ~ ~ lJ ~, 7 f~ 00 M q ~ v3 sv Cq v3 Nc s 0 0 0 0 0 -~ o o o .~ 0 0 ~l ° ° ° G] ~ ° . ~ a~ ^+ o N O o ~ v-~ y~ .--~ oo o O Q ~ 0 o 0 0 0 0 ~ 0 o 0 0 ;~ ° ~ ~, ~ ~ ' -b M O 7 -d ~O d' U 6q 69 £A N ~--^ N c~.^ ~ 69 E/-? G~ CA O O U U U U G ~ . r ~ ~ ~ fi O T O ., ~ U ~ U U fi U A ~ ~ ~ U ~ :o O O U .fi O U ^-. ~ °o U ti °o U ~, o 0 x ~ ~ H ~ W . U . -,~ Smith Gage Architects, PC ' December 22, 1999 ~ ` Page 2 of 4 A ~ ' • ~ Base Carpet Tiles (includes CPT sq. #1, #2, #3, and #4) using the following Products: Collins & Aikman "Wayfarer", "Odyssey", "Sisal Weave", ' "Expedition", "Explores", or Lee's "Candera". Deduct $ 5,049.00 ® Reduce Broadloom cost allowance to $11.00/sq.yd. (use J&J Extra ~ . Terrestrial)..,, Deduct •: $ 1,724.00 (Carpet submittals enclosed -except Odyssey & Sisal Weave.) _~ Ceramic Tile: ® Delete ceramic file floors and wainscot walls in all toilet rooms and use heat welded sheet vinyl and epnxy paint entire walls. y Deduct $ 9.3~5.U0 ~aintin~• ® F.,liminate aIi exterior painting including metals except. for front soffit area. ~ ' Deduct $ 3, l 10.00 ~, Toiiet Partitions: m Change from solid plastic to plastic laminate. . Deduct . $ I,215.00 Canopies• ~ At rear of building delete one overhead door canopy 23' x 5', delete one overhead door canopy 7' x 2', and repairing of one existing canopy, existing ' canopy will be removed. Deduct $ 1,800,00 Piumbin~: ~ .. „ . Change to Tank Tyre Toilets versus Flush Valve. Deduct ~ $ SOQ00 ® Abandon existing copper piping above ceiling. Deduct $ 950.00 . E 1~S ~~ . .. ~ ~'.. ~ ' y ,t`~ ; ..` Smith,Gage Architects, .PC ~ .. - , ^ ' :' ~. ~'. '"December 22, 1`9y9 ~ ~ ~. , ~ _ : .. ' . - - ~ Page 3 of 4 4 ~ 11A-1 ~~~• ~ ~ .. t ... ~., Y e ~ r . ~ e . .~' _ ,.:'..Abandon"existing duct'above ceiling: ` ~ - . ~ ` _ a; _ . .Deduct • ~: ' $ 3;200.00 . :. , -Eliminate the uidividual bpx interface to AHiJ~ and utilize the termin l `' . "` . . a ' ' ~ Boxes assensor controlled "dump boxes": -~ .r~ , . ... ,~ " . duct $~ Z 41 00 : ; . ' , ., ., - ~ "-Use rectangular duct in lieu of double wall spiral. Duct to be" fabricated, from rectangular "paint ' " ~' grip" material. Run outs substituted with sidewall grills. .. ,: - ` ,.. , . , Deduct .: ,. ;_ .: .~. .00 ~ •. $ 2;90 , 3. _. = :` ®;. Use Janittol equipment in lieu of specified.. ~ _ _ Subcontractor Not fable To Quote"Phis ~;quipment, Change HVAC equipment from LP gas to electrical.. e ,,; ' ~ Deduct . . :. $ 900.00 ., . .. ,: ®4 Leave large roof top unit nn roof. ~ ~ - - - : ^; _ Deduct ~ ' ~ - ~.~ . - ~ . $ 450.00 ; , .. ~.'Electrieal:. ~ " . . _ , °~ ':. ~ Alternate lightirig fixtures.: ~ ,, ~ ~ ~ . aj Type: `A'; `C', and `D' change to.a 3-lamp wraparound fixture. Pendant v - -` mount these units in continuous-rows. Direct light only. in rows these ` . > :.- .. , ~ , `` ~ fixtures can be dual level switched. ~"~ . b)'± Change Type `B' to a wall mounted fixture with uplight., ~ ~ ~~ ;."c) ; Change.exits to a polycarbopite exit. ~ ~ ~ ~.' . . - .Deduct $ 5,100.00 ' (Submittals enclosed) ,. ~ ". .., ® Delete demolition above ceiling. Cap offconduits where possible rather , •` ~ ' , ., than removing.. .. ~ _ .. .. ~ t ~.. Deduct >.~ .' :. .. .. . $ 3,400:0.0 hs ~ : ® Change Addressable Fire Alarm. System _ ~` ~ ~ " -,. - - _ No Change , - ,. ,.. _ . . , . , :, . ., ,. .. _. - -. . - - ... . ,. . . :. - s, . _ .~ ~ 9 . .. .~ .. ~. . . .; , . . y ' ,-' _ Smith Uage Architects, PC December 22, 1999 Page 4 of 4 1~Iiscellaneo~s: p Eliminate all finishes, millwork, plumbing and electrical in kitchen'room #305. Room shall be left.in a shell condition with rough-in plumbing and electrical. Deduct $ 5,136.00 Square off all boat walls in Children's Area Room #I 10 and "delete aluminum tubing defails. Deduct $ 3,100.00 ® ~ Delete four new window openings on east side of building. ' Deduct $ l 6,710.00 ® Salvage all along back and leave metal studs and drywall. Necessary repairs io be made at contractors discretion. Deduct $ 800.00 ® Delete skylight and any associated drywall work and add back lighting, Deduct 27,800.00 Total Possible Savings: ~ $123,616.00 Note: The total cost of the demising wall between tenant space #40] and adjacent area is $13,000.00 or $6,SOU.00 per side. Note: The amount of $ i 0,860.00 has been included in our bid for telephone/data wiring. We trust that the above is of valve and await your further instructions: Since ly, )EIA E ,'11~tUCTION, LLC L. . "Bo" Hale, III President /rd enclosures 20 "1 .. - _ y - 13UILDING'RENOUATION FOR'BRA~tCH {~IBRARY ,,~_ . " DATE f ~ ~ TIME EVENTS a - `• ~~ Request:for Qualifications sent ~ January,28, 1998 •. ' ~ ~ ~~ Request for Qualifications received February 29, 1998 * , Reyiewed'RFQ packages ~ . March .1' 1, 1998 ~ - - " .. ~ Notification_of short fist ~ - - ~ ~ March 1.2, 1998 " f . . u ~ Presentations ~ ' ~ April 16, 1998 ~. ' ~:. ~ ~' Notified Smith=Gage Architects , ~ ~ ~ ' - (Requested ;proposal before April - .. ... ~ 28,,1999) . •." " ~ April 21, 1998. ~ . . x ~ , ~, Meeting td define scope of , - , ~ . - Architectural services ~ i May 13,.1998 ~. -. - • " ` ~ -Received first proposal '. ~ -~. May 28, 1998 ' ~ e ~ ` ~ List of°commerts fo"r. proposal ~ ~ ' : ~ : May 28,:1'998 . - ,:. o,. 9 .. L -. ' ~~ ~ ~Telecon concernin roposal p ~ ' ' ' ' ~ ~ ,. '_ -- Requested submittal of revised , . ' ~ _. '~ ' - ~ - - Proposal no later than June 10 June 2, 1998.:. ~ ~ ` ,~ ,; .{ . Revised proposal received :~ July 17, 1998.. _ . . - .~ .:. r ~ ~ Contractsigried , ... - October 23, 1998`~~ -- ' ~~' ' . '° Request'to IT for low voltage wiring `April 22, 1999 . M ,. , Commissioners-approved , - ` _, ;construction budget ~. ., .. June 7,.1999. ' . ,. ,.: .`: Schedule given to Smith-Gage - - - - Construction start September 6, .. _ - y 1.999 ; June 9,.1.9.99 , .. , .. , - ` ~ Low voltage wiring issue identified `' 'June 17, 1.999 _,` Low voltage wiring design complete - .: September 20, 1999 ~ - „ Presentation to Commissioners ,. October 4, 1999 ` ~ " Advertise to Bid October 26, 1999 - - . r. ~ ~"Open Bids.. November 23, 1999 ~ ~ , . ., • .. ~ . ~ < . ,. . - , . - . ~. .. ,r -. - * ;~ ." .,. - - - ? , ~ - r~ _ { Thls page intents®nall~left black} . .-.~ .~ 22 NEW~HA~OVER COUNTY BOARD OF COIUIMISSIONERS " ~ REQUEST FOR BOARD ACTION - ~. e JOINT RESOLUTION OF NEW HANOVER COUNTY BOARD OF COMMISSIONERS AND THE WILMINGTON CITY COUNCIL REQUESTING ASSISTANCE BY THE HONORABLE JAMES B. HUNT, JR. IN THE TIMELY FUNDING.AND COMPLETION OF THREE PRIORITY ROADWAY PROJECTS WHEREAS, three transportation improvement projects, in the opinion of the New Hanover County Board of Commissioners and the Wilmington City Council, are vital to the area's public safety, and WHEREAS, we express our sincere appreciation to the Governor, the Secretary of .< Transportation and members of the Board of Transportation for their efforts to .date in support of these three critical projects, and WHEREAS, we express our sincere gratitude to Congressman mike McIntyre for his personal interest, in support of these projects, and WHEREAS, Smith Creek .Parkway and Independence .Boulevard Extension have been included in the Transportation Plan for over 25 years and the widening of Kerr Avenue, has not been addressed, and WHEREAS, the following organizations.. are unified in•their support ofithese projects: City ,of Wilmington, New Hanover County, Greater Wilmington Chamber of Commerce, Cape Fear Coast Convention & Visitors Bureau, Cape Fear Community College, Committee of 100, New Hanover Airport Authority, New Hanover County Schools System, New Hanover Health Network, New Hanover County Board of Education, The North Carolina Black Chamber of Commerce, North Carolina State Ports Authority, North Carolina's Southeast and The University of North Carolina at Wilmington, and WHEREAS, these projects are key components of our Urban Area Transportation Plan which will provide area residents a safe and efficient transportation network and we remain committed to their timely completion. NOW, THEREFORE BE IT RESOLVED that-we request the Governor's leadership and assistance in securing funding participation from the Federal Government to ensure these projects are completed as soon as practicable, and ~ . BE IT FURTHER RESOLVED THAT we request an opportunity to meet with Governor Hunt to review the importance of these projects within the context of the area's total transportation needs. Wilmington City Council ti..PkJ Ji'.J^' NON is;:,:;t8.•rSS' '~'q+I~YMY,,.ryry:+A„. David F. J©,~es~sM~ayo ~^ Y ~~ ~~i'ikl New Hanover County Board of Commissioners William A. Caster, Chairman ~, 24: ti NEW HANOVER COUNTY BOARD OF COMMISSIONERS. REQUEST FOR BOARD ACTION - Meeting Date: 01/03/00 Regular Item #: 5 Estimated Time: Page Number: Department: County ManagerPresenter: Dave Weaver Contact: Dave Weaver SUBJECT: ' Update on drainage projects BRIEF SUMMARY: Staff will provide an update on drainage projects in the County. The present status, as of December 22, of . projects is as follows: e Ruririymeade: County is still waiting for final approval from the U. S. Corps of Engineers concerning wetlands. We are also having difficulty obtaining all the necessary easements. The State Department of Corrections will not allow prisoners to work without signed easements. m Hidden ValleylCrosswinds: No additional work has been done on this project.. Staff has reviewed several letters from residents in the project area; none of them appear to be willing to pay the full cost. ® Preparation of Comprehensive Drainage Regulations: Staff has prepared issues for Dickson to evaluate. - RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board should listen to the update. FUNDING SOURCE: NA ATTACHMENTS: NA REVIEWED BY: LEGAL: .FINANCE: NIA BUDGET: NIA HUMAN RESOURCES: COUNTY MANAGER' ~-QMMENTS AND RECOMMENDATIONS: Listen to update. - COMMISSIONERS A IONS/COMMENTS: • COUNTY COMMISSIONERS APPROVED Q REJECTED ` ^ REMOVED ^ POSTPONED ^~ HEARD IL~ 1 DATE fi-l-3- -2DO0' - aiYvV ' 25 ' r, { Thi,~ page intentionally left blank} 1w ~ 1- 26 C~~iv~~~A ~~~~~ ~~~~ ~~~~'~~~ ~Ai6~ ~~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION - Meeting Date: 01/03/00 Regular Jtem #: ,~ Estimated Time: Page Number. - Department: Environmental Management Presenter: Ray Church/John Hubbard Contact: John Hubbard SUBJECT: Selection of Engineering Firm for WASTEC Capital Projects BRIEF SUMMARY: - Staff request approval to enter into price negotiations with Jacobs Engineering of Cary, NC for engineering services on four major projects at WASTEC. The projects include replacement of the Electrostatic Precipitators on numbers one and two boilers with baghouses, partial retubing of numbers one and/or two boilers, upgrade of the constant emissions monitoring system (GEMS), and installation of an activated carbon. injection system on number 3 boiler. A summary- of the selection process to choose an engineering firm can be found in the attachment. .RECOMMENDED MOTIOiV AND REQUESTED ACTIONS: - Staff recommends the Board of Commissioners approve a motion allowing the Department of , Environmental Management to begin negotiations for engineering services for the above listed projects. Engineering services will include determining the scope of. work, preparing bid specifications, reviewing and recommending award of bids, and, acting as the County's project engineer during construction activities. FUNDING SOURCE: WASTEC Budget. The approved FY 1999/2000. budget included total capital outlay of $339,800 for projects and $1,515,000 for the construction of the baghouses under installment payments. Additionally, $47T,678 was rolled over from the 1998/1999 budget for capital projects not completed in that year. Funds for the engineering firm will be drawn from the capital projects line item. ATTACHMENTS: . Memo from John Hubbard regarding engineering firm selection Cost estimate REVIEWED BY: LEGAL: FINANCE: Approve BUDGET`. Approve HUMAN RESOURCES: i COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval fort -Department of Environmental Management to begin negotiation for the projects noted above. I ~ COMMISSIONERS' A TIONS/COMMENTS: couMx coMMls~o APPROVED n/ REiEC?ED ` C3` REMOVED . Q ~ .. ED 0 POSTPON ~~ HEARD ~ . ~ ~ DATE ~ 3-I ?U~~~ 7 . l.~S y' b NEW HANOVER COUNTY INTER-OFFICE :.~ ,.. ~::: :~. :~:>:: ::: ; :,,:::: .~ ~.: ..~_ ~, December 20, 1999 TO: Ray~`Church FROM: John Hub a RE: Engineering firm selection for major projects The following summarizes actions taken to choose an engineering firm for oversite of major projects at WASTEC. The County Project. Engineer advertised locally for qualification packages of interested engineering firms to oversee these projects. No engineering firm responded. By word of mouth we let various companies know that we were looking for engineering services. Five firms responded :with qualification packages and four of the five visited the site to further explain their qualifications. The five firms included Jacobs Engineering, GE Energy and Environmental Corporation, McBurney, The Barlow Group, and Law Engineering and Environmental Services. All firms were qualified, however, Environmental Management Department staff narrowed the field to Jacobs and the Barlow Group due to their experience in similar projects and their background in waste- to-energy. Staff felt concern over the logistical costs of working with the Barlow Group which is based in Fort Collins, Colorado, and, therefore, chose Jacobs Engineering. Since 1984, Jacobs has designed five municipal solid waste facilities. They recently completed the engineering for a resource recovery facility in Miami, Florida. This waste- to-energy project included capital expansion of the facility from 18,000 tons per week to 27,000 tons per week. It included detail design for retrofit of four existing boilers with.. new air pollution control equipment to meet new emission guidelines: The projects are a good match for what WASTEC is looking to accomplish. ~~ !~ ~~~~ .. ,~ ~ ~~~ 2 8 ~ ~ ~~~~ =, ~~~~ ~. ,., WASTEC major projects estimated costs .Engineering firm $ 150,000 Baghouses. $ 1,515,000 Activated carbon injection $ 50,000 Partial.tube replacement $ 200,000 CEMS upgrade $ 130,000 Total $ 2,045,000 ., {This page Intentlonallyleft blank} F~ 30 '.~ .. , -_ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/03/00 Regular Item #:7 Estimated Time: Page~Number: .. Department: Engineering Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard ' . SUBJECT: ' Request for Approval of Condemnation - Spring Branch. Sewer Interceptor BRIEF SUMMARY: Staff has been working with the son of Mrs. Thelma Robbins to acquire an easement for the Spring Branch- Interceptor, which is planned for construction across her property on North Kerr Avenue (see attached map). The total amount of the easement is 1.7 acres with a location being in or adjacent to wetlands, therefore having minimal affect. on the useable land. In fact, staff altered the original route to accommodate her proposed future plans for this property. The placement of the sewer line will increase the property value. An~offer has been made in the amount of $4,050.00 which is the actual tax value of the entire 26 acres of land and which equates to $156.00 per acre for the 26 acres. This would yield a tax value of $265.00 for the total easement. According to a local, appraiser, the type of land being acquired is worth $500.00 to $1,000.00 per acre. The owner is asking considerable more for the easement which staff feels is unreasonable. Based on this, staff feels that, condemnation is necessary. Attached is a proposed resolution to allow condemnation to proceed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that condemnation be approved with authorization for the Chairman to execute. FUNDING SOURCE: ' NA ATTACHMENTS: Resolution ' ' REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A .HUMAN RESOURCES: _ COUNTY MANAGER'S CO ENTS AND RECOMMENDATIONS: Recommend approval`-J 'COMMISSIONERS' ACTIO S/COMMENTS: . s COUNTY COMMIS".v APPROVED - REJECTED O I~~ REMOVED O POSTPONED HERRD L, _.. . -~ Robbins ThelmaResolution.wpd _ ~:~ ra e~1 ,.: ..,..~,m~„_,_--- _ -~_ mi==x A .... ,-,- ..~...~.:.~. _~ ..-~...L.W..~:~.~..~ ..._._.- «.~._.,-.~-_.~.:.__ ~.~ .~ A RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARD OF DISTRICT COMMISSIONERS WHEREAS,;a permanent and a temporary construction easement, more specifically shown in Map Bool< 39, Pages 184 and 185, New Hanover County Registry, over the Thelma W. Robbins property described in Deed Book 1637, Page 1523, New Hanover County Registry, is necessary for construction of public water and sewer utilities; and WHEREAS, it is necessary to utilize the District's power of eminent domain to acquire the above-referenced easements in that negotiations to acquire said easements have been unsuccessful in obtaining the property owner's consent. NOW, THEREFORE, BE IT RESOLVED that the Board of District Commissioners of the New Hanover County Water and Sewer District hereby resolves that the necessary easements on, over, and across the Thelma W. Robbins property, Tax Parcel No. R04200-002-012-000, Deed Book 1637, Page 1523, New Hanover County Registry be acquired by condemnation: County staff is hereby authorized to take any and all actions, including suit, necessary to obtain said real property interest. This the 3rd day of January, 2000. New Hanover County Water and Sewer District [SEAL] Robert G. Greer, Chairman ATTEST: Cleric to the Board ~~~ ~~~~~ ~~~~t~ (~j ~p~~Vr~~ f~ 32 ; ~ ~~~~~~~,r.~ ~. -:~ y '~ I TI-IWOL~~ ,~ ~ LOCATION OF EASEMENT I CONDEMNATION REQUEST ~N BOBBINS PROPERTY ~ MAP NOT TO SCALE DECEMBER 23,.1999 N S E SMI" / n ~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ,. Meeting Date: 01103/00. Regular Item #: 8 Estimated Time: Page Number: Department: Finance Presenter: Bruce T. Shell Contact: Bruce T. Shell • SUBJECT: , Sale of General Obligation fonds BRIEF SUMMARY: The voters of New Hanover County approved a bond issue of $125 million for Schools and $38.3 for Cape Fear Community College on November 4, 1997. On July 21, 1998, the County sold $14 million'of Schools and $10 million of Community College Bonds. The enclosed bond order references the sale of $55 million for Schools and $14 million for Community College Bonds. The Local Government Commission has scheduled the sale for January 25, 2000. The County will receive the proceeds in early February. The remaining bonds ($56 million Schools and $14.3 -million Community College) are anticipated to be sold next fall: In addition to the Bond Resolution, the Board of County Commissioners needs to approve the attached ,Reimbursement Resolution. This simply provides legal flexibility for reimbursement to the County- for bond expenditures to be paid from future bond proceeds. , RECOMMENDED MOTION AND REQUESTED ACTIONS: • Approve Bond Resolution. ® Approve Reimbursement Resolution. FUNDING SOURCE; ATTACHMENTS: 2 , REVIEWED BY: .LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S CO ' ENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' AC 10 S/COMMENTS: r ~~ coMMlssro s - APPROVED REJECTED O REMOVED p PC~TPONED t3 . HE:;r',D on~~ ~ 3 ~ o - -_ . 33 y o . EXTRACTS FROiVI iyIINUTES OF BOARD OF COiyIitiIISSIONERS A meeting of the Board of Commissioners for the County of New Hanover, North Caroliha, was held in the New Hanover County Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina, at _.M. on , 2000. Present: ' Absent: Also present: * *. * . introduced the following resolution. and moved that it be adopted: BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, _ North Carolina (the "Issuer") that the Declaration of Official Intent to Reimburse Expenditures attached hereto as Exhibit A be, and hereby is, approved. The motion having been duly seconded, and the resolution having been considered, it was adopted by the following vote: , AYES: NAYS: 34. yny~{~,~,1~,~:j QAnR yyr~g~= DdJ ~y1?JVr~JP9 G'J~e3a1~'-v` ~ pp99 L.+ max- ~~~~ STATE OF NORTH CAROLINA ) ` . ss.. COUNTY OF NEW HANOVER ) • I, LUCIE F. HARRELL, Clerk to the Board of Commissioners of the County of New Hanover, DO HEREBY CERTIFY as follows: 1. A meeting of the Board of Commissioners of the County of New Hanover, .located in the State of North Carolina, was duly held 1999, such meetin -having been noticed, held and. conducted in accordance with all requirements of law (including open meetings requirements), and minutes of that meeting have been duly recorded in the Minute. .~ Book kept by me in accordance with law for the purpose of recording the minutes of the Board. 2 I have compared the attached extract with the. minutes so recorded and .the :extract is a true copy of those minutes and of the whole thereof insofar as those minutes relate to matters referred to in the extract. . 3. That extract correctly states the time when the meeting was convened and the place where the meeting was held and the members of the Board who attended the meeting. IN WITNESS, WHEREOF, I have hereunto set my hand and have hereunto affixed the __ '` ~ ~ ~ 1999. seal of the County on , EXHIBIT A DECLARATION OF OFFICIAL Pi tTENT TO REIMBURSE EXPENDITURES 1. This declaration of official intent is made pursuant, to Treasury Regulations Section 1.150-2, or any successor or substitute Regulations which may be promulgated hereafter, to expressly declare the Issuer's intention to reimburse itself for certain expenditures heretofore paid or to be paid by the Issuer, such reimbursement to be made with the proceeds of debt to be incurred by the Issuer. 2. The Issuer has advanced and/or will advance its own funds to pay certain capital costs (the "Original Expenditures") relating to the acquisition, construction and equipping of certain school projects and community college projects (the "Project"). 3. -The funds heretofore advanced or to be advanced by the Issuer to pay ;the Original Expenditures are or will be available only on a temporary basis, and do not consist of funds that were otherwise earmarked or intended to be used by the Issuer to permanently finance the Original Expenditures.. 4, f1s of the date hereof, the Issuer reasonably expects that it will reimburse itself for such Original Expenditures with the proceeds of debt to be incurred by the Issuer, and the maximum principal amount of debt to be issued with respect to the Project is expected to be X139,300,000. 36 y y -EXTRACTS FROiV1 MINUTES OF BOARD OF COYINIISSIONERS A meetin of the Board of Commissioners for the Count of. New Hanover North g Y , Carolina, was held in the New Hanover County Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina, at _.M. on January 3, 2000. ~. Present: Absent: also present:_ * * :~ introduced the following resolution and moved that it be adopted: ` WHEREAS, the bond orders hereinafter described have taken effect, and it is desirable to make provision for the issuance of bonds authorized thereby; LL ~ NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover; North Carolina (the "Issuer"), as follows: 1: Pursuant to and in accordance with the school bond-order adopted by the Board of - Commissioners on September 2, 1997, the Issuer shall issue its bonds in the aggregate principal amount of 555,000,000. The period of usefulness' of the capital projects to be financed by the issuance of the bonds is a period of 40 years, computed from February 1, 2000. 2. Pursuant to and in accordance with the community college bond order adopted by the Board of Commissioners on September 2, 1997, the Issuer shall issue its bonds in the ', aggregate principal amount of ~ 14,000,000.. The period of usefulness of the capital projects to be' f nanced by the issuance of the bonds is a period of 40 years, computed from February 1, 2000. 3. The bonds to be issued pursuant to the bond orders described in the preceding ~~"./ paragraphs 1 and 2, shall be issued as one consolidated bond- issue in the principal amount of $69;000,000 and designated "General Obligation Public Improvement Bonds, Series 2000" (the "Bonds"). The Board of Commissioners has ascertained and hereby determines that the average period of usefulness declared in the preceding paragraphs 1 and 2, is not less than 40 years computed from the date of the Bonds. The Bonds shall be dated February 1, 2000, and shall bear interest from their date at a rate or rates that -shall be determined upon the public sale of the Bonds, and interest shall be payable on May 1, 2000, and semi-annually thereafter on November 1 and May 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter described, annually on-November 1, as follows: Year Principal Year Principal Amount Amount 2000 $2,650,000 2010 $3,000,000 2001 $2,700,000 2011 $3,000,000 2002 $3,000,000 2012 $3,000,000 2003 $3,000,000 2013 $3,000,000 2004 $3,000,000 2014 $3,000,000 2005 $3,000,000 2015 $3,000,000 2006 $3,000,000 2016 $4,625,000 2007 $3,000,000 ~ 2017 $5,175,000 2008 $3,000,000 2018 $7,650,000 2009 $3,000,000 2019 $4,200,000 Each Bond shall bear interest from the interest payment date next preceding the date on yvhich it is authenticated unless it is (a)"authenticated on an interest payment date, in which event it shall bear interest from that interest payment date, or (b) authenticated prior to the first interest payment date, in which event it shall bear interest from its, date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid. The principal of and` the interest and any redemption premium on the Bonds shall be payable in any coin or currency of the United States of America that is Iegal tender for the payment of public and private debts on the respective dates of payment thereof. Debt service will be payable to the owners of Bonds shown on the records of the hereinafter designated Bond Registrar of the Issuer on the record date, which shall be the fifteenth. day of the calendar month (whether or not a business day) next preceding a debt service payment date. 4. The Bonds will be issued in fully registered form by .means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to and registered in the name of The Depository Trust Company, Ne~v York, Ne~v York ("DTC") or its nominee and immobilized in its custody. The 38 book entry system will evidence beneficial ownership of the Bonds in the principal amounts of c-u_aa5m~oi_.z3~uc.oooia 2 s $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on -the records of DTC and its participants pursuant to rules. and procedures established by DTC. - Interest on the Bonds will be payable at the times stated in the preceding paragraph; and principal of the Bonds will be .paid annually on November I, as set forth in the above maturity .schedule, in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be-the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of those participants and other nominees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records ,_ " . maintained by DTC, its participants or persons acting through participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds„ or {b) the Issuer determines that continuation of the book entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners: of the Bonds, the Issuer will discontinue the book entry system with DTC. If the Issuer fails to arrange for another qualified securities depository to replace DTC, the Issuer will authenticate and deliver replacement Bonds in the form of fully registered certificates in denominations of $5,000 or integral multiples thereof. 5. The Bonds shall bear the manual or facsimile signatures of the Chairman of the Board of Commissioners and the Clerk to the Board of Commissioners of the issuer, and the official seal or a facsimile of the official seal of the Issuer shall be impressed or imprinted, as the case may be, on the Bonds.- .The certificate of the Local Government Commission of North Carolina to be endorsed on all Bonds shall bear the manual or facsimile signature of the Secretary of that Commission or of a representative desiunated by that Secretary, and the certificate of authentication of the Bond Registrar to be endorsed on al( Bonds shall be executed as provided below. In case any officer of the Issuer or the Local Government Commission of North Carolina, whose manual or facsimile signature appears on any Bonds shall cease to be that officer before. the delivery of those Bonds, that. manual or facsimile. signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the . execution of the Bond shall be the proper officers to sign the Bond although at the date of the .Bond those persons may not have been such officers. . No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it has been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. 6. The Borids and the endorsements thereon shall be in substantially the following form: _ ' ,..: - . ~ 39 . ~ J Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to issuer or its agent for registration of transfer, exchange, or payment and any certificate issued is registered in the name. of Cede ~ Co. or in such other name as is req~iested by an authorized. representative of DTC .(and any payment is made to Cede & Co. onto such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY-OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof,.Cede & Co.., has an .interest herein. NO. R- S .. United States of America State of North Carolina COUivTY OF NEW HANOVER GENERA-1L OBLIGATION PUBLIC I~.~Il'ROVENIENT BOND, SERIES 2000 INTEREST MATURITY RATE DATE DATE OF BOND Febniary 1, 2000 CUSIP F~ ~, REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS The County of New Hanover (the "County"), a county of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay. to the registered owner named above, on the date specified above, upon surrender hereof, at the office of the Finance Officer of the County, 320 Chestnut Street, Room 602, Wilmington, NC 28401 (the "Bond Registrar"), the principal sum shown above and to pay to the registered owner hereof, by check mailed to the registered owner~at its address as it appears on the bond registration books of the County, interest on that principal sum from the date of this bond or from the November 1 or iV1ay 1 next preceding the date of authentication to which interest shall have been paid, unless the date of authentication is a November 1 or Nlay 1 to which interest shall have been paid, in which case from that date, interest to the maturity hereof being payable on May 1, 2000, and semi-annually thereafter on November 1 and May 1 of each year, at the rate per annum specified above, until payment of the principal sum. The interest so payable on any interest payment date 4® .will be paid to the person in whose name this bond is registered at the close of business on the -5aasovoi_.i»ua.oooia b` ~ record date for that interest, which shall be the fifteenth day ~of the calendar month (whether or ' not a business day) next- preceding that interest payment date. Both the principal of and 'the interest •on this bond shall be paid in any coin or currency of the United States of America that is . ,'. .. regal tender for the payment of public and private debts on the respecti~~e .dates of payment thereof • .' ,This bond: is issued' in accordance with the Registered Public Obligations Act, Chapter - ~ 1.59E of the General .:Statutes of North Carolina, and pursuant to The Local Government Finance ~. ' Act ~of the State of North Carolina, as amended, bond orders adopted by the Board of; - ~ Commissioners of the County on September 2, 1997 (the "Bond Order's") and a resolution .. " . adopted by that Board (the "Resolution") providing for the issuance of this bond. The issuance - - ; ~.of this. bond and the contracting. of the indebtedness evidenced hereby have been approved by a '• ' majority of the qualifi"ed'voters of the County voting at elections held in the County.. ` The bonds maturing on and after November 1, 2011, •shall be„subject to redemption prior .,. to their stated maturities at the option of the County on or after November 1, 2010, in whole or in . part` at. an time at a redem tion rice e ual to the rinci al amount of each bond to be - Y" P P ~ P. P • r .redeemed, together with accrued interest thereon to the` redemption date, plus a redemption • premium of one-half of one percent (1/2 of 1°~0) of the ,principal amount of each bond. to be ` redeemed for each period of twelve months or part thereof bet~~,~een the redemption date and the ~; rnaturi#y date of each bond to be redeemed, provided. that the premium. shall not exceed two- . : percent (2%) of the principal amount. If less than all the bonds are called for redemption,. the.... " ~', ~ .County shall. determine the maturities and the amounts thereof of bonds to be .redeemed. If less . ~ than all the bonds of any one maturity are called for redemption the bonds to~be redeemed shall ~ ; . be,selected by lot; provided, however, that the portion of any bond to be redeemed shall be in the - principal amount of $5,000 or an integral multiple thereof ,and that, in selecting bonds for ' . .redemption,, the Bond Registrar shall treat each bond as representing that number of bonds which • ~ is obtained by dividing the principal amount of such bond by .55,.000. For so long as a book- _ entry system is used for determining beneficial ownership of the bonds,. if less than all. of the ' bonds within a maturity are to be redeemed, The Depository Trust Company ("DTC'') and its ;: participants shall determine which of the bonds within that maturity are to be redeemed. _ ~ , . , ;, . . . - Not more than forty-five (45) days nor less than thirty (30) days before the redemption `° ,date of any bonds to be redeemed,. whether such. redemption be in whole or in part, the. County . . ` ~ `shall cause a notice of~ redemption to be mailed, postage prepaid, to The Depository Trust Company ("DTC") or its nominee. On the date ,fixed for redemption, that notice having been ~" given; the bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided for the redemption of those bonds or portions thereof on that date and, i~f moneys' for payment of the redemption price and the accrued interest are held by the Bond. Registrar as.provided in the Resolution, interest on the bonds or the portions thereof so called for . ~ redemption shall cease to accrue. If a portion of this. bond shall be called for redemption, a new -~ bond or bonds in principal amount equal to the unredeemed portion hereof will be issued to DTG - ` or its nominee upon the •surrender hereof. ;~ `- ~ ~ The bondswill be issued in fully registered form by means of a book entry system with _. ~no;physical distribution of bond certificates made to the public. One band certificate for eac . ~1 ~ . ~, . c-s~zcaso~oi..i3~oa.ouoi~ 5 , ' ~ ~ .~~ - - - -. _ 4. maturity will be issued to and registered in the name of DTC or its nominee and immobilized in its custody. The book entry system will evidence beneficial ownership of the bonds iri principal amounts of $5,000 or integral multiples thereof, with transfers ~of beneficial ownership effected on the records of DTC and its participants pursuant to rules and `procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of participants and othef nominees of beneficial owners. The .County will not be responsible or liable for maintaining, supervising or reviewinj the records maintained by DTC, its participants or persons acting through participants. The Bond Registrar shall'keep at its office the books of the County for the registration of transfer of bonds. The transfer of this bond may be registered only upon those books and as' otherwise provided iri the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly ,executed by the registered owner hereof or his attorney or legal representative in~forrn satisfactory to the Bond Registrar. Upon any registration of transfer, the Bond Registrar shall deliver in exchange for this bond a new bond or bonds, registered in the name of the transferee, in authorized denominations, in' an aggregate principal amount equal to the unredeemed 'principal amount of this bond, of the same maturity and bearing interest at the same rate. The Bond Registrar shall not be required to exchange or register the transfer of any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or of any bond called for redemption iri whole or in part pursuant.to the Resolution. ' It 'is hereby certified and recited that "all conditions, acfs and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond; together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or' statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. ~ ' This bond shall not be valid or become obligatory-for any purpose or be entitled to any benefit or security under the Bond Orders or the Resolution until this bond shall Have been endorsed by the authorized representative of the Local Government Commission `of North Carolina and authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed hereon. ' ~. ~' 42 ..-i:.4450v01_. 17704.000id 6 - ~~ CERTIFICATE OF LOCAL GOVERNYIENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local _. Government .Bond Act of North Carolina. ~ , ~, Secretary, Local Government Commission ' CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue designated herein and issued under the provisions of the within-mentioned Bond Orders and Resolution. COUNTY OF NEW HAI~IOVER FINANCE OFFICER, as Bond Registrar By: Authorized Signature Date of Authentication: February 15, 2000 (`\ 44 y c-a~aaso~oi .i»oa.oooia g - ~ 7. The Bonds maturing on and' .after November 1, 2011, shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after November 1, 2010, in whole or in part at any time, at a redemption price equal to the principal amount of each Bond to be redeemed, together with accrued interest thereon to the redemption date, plus a redemption .premium of one-half of one percent (1/2 of 1%) of the principal .amount of each Bond to be redeemed for each period of twelve. months or part thereof between the redemption date and.the. maturity date of each Bond to be redeemed, provided that the premium shall not exceed two percent ,{2%) of the principal amount. If less than all the.: Bonds .are called for redemption, the Issuer shall determine the maturities and the amounts thereof of bonds to be redeemed. If less than all the Bonds of any one maturity are called for redemption, the Bonds to be redeemed shall be selected by lot; provided, however, that the portion. of any Bond to be redeemed shall be _in the principal amount of ~~,000 or an integral multiple thereof and that, in selecting Bonds for, redemption, the Bond Registrar shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bonds by $5,000. .For so long as a book-entry system is used for determining beneficial ownership of;the Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine by lot which of the Bonds within a maturity are to be redeemed. Not more than forty-five (45) days nor less than thirty (30) days before the redemption date of any Bonds to be redeemed, whether the redemption be in whole or in part, the Issuer shall cause a notice of redemption to be mailed, postage prepaid, to DTC or its nominee. Each notice shall identify the Bonds or •portions thereof to be redeemed by reference to their numbers and shall set forth the date designated for redemption, the redemption. price. to he -paid and the maturities of the Bonds to be redeemed. If any Bond is to be redeemed in part only, the notice of redemption shall also state that on or after the redemption date, upon surrender of the Bond, a new Bond or Bonds in principal amount equal to the unredeemed portion of the Bond will be issued. On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar to pay the principal of and the redemption premium, if any, on the Bonds or portions thereof called for redemption, as well as the interest accruing thereon to the redemption date. On the date fixed for redemption, notice having been given in the manner and under the conditions provided above, the Bonds or portions thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to the redemption date. If moneys sufficient to pay the redemption price of the Bands or portions thereof to be redeemed, plus accrued interest thereon to the date fixed for redemption, are held by the Bond Registrar in trust for the registered owners of Bonds or portions thereof called for redemption, such Bonds or portions thereof shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owners of such Bonds or portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption. If a portion of a Bond shall be selected far redemption, the registered owner thereof or his attorney or legal representative shall present and surrender that Bond to the Bond Registrar for payment of the principal amount thereof so called for redemption and the redemption premium, 46 C-525550vU1_. 13?07.00014 ~ 1 Q - . ,; rf an on that nnci al amount and the ~~ ~ ' •,,~ ~ y; p ' 'p Bond Registrar shall authenticate and deliver to or upon ' ~„• ~ the. order. of such' registered owner or his legal representative; without charge therefor,- for• the ~ .- _ ~ unredeemed portion of the principal amount of the Borid so surrendered, a Bond or Bonds of the " ~ `same matur,ity~ of any denomination or denominations authorized by this resolution, .and bearing• ' .interest at the same rate. a a , - ~ • ~. .. ,. . _ . ~. Bonds; upon •surrender~thereof at the office of the Bond. Registrar together with an , ` • assignment duly.e;cecuted by the registered owner or his attorney or legal representative in form . satisfactory Ito, the- Bond Registrar, may, at the option of the registered owner thereof, be.` ,. ' ' ~ exchanged for a~n equal aggregate ,principal amount of Bonds of the same maturity, of any '- ~_ denomination or denominations authorized by this resolution, and bearing interest at the same _. , .,. ;rate.. , :: , . - ~ .The transfer •of any- Bond- may be registered only on. the registration books of the ;Issuer upon the surrender thereof to the Bond Registrar together with an assignment duly executed by • the registered owners or his attorney or legal representative in form satisfactory to the Bond ' Registrar. Upon any registration of.transfer, the Bond Registrar shall authenticate and deliver in ~~ •exchange for the .Bond a-new Bond or Bonds,- registered in the name of the transferee, of any ' . denomination or, denominations authorized by this resolution, in an aggregate principa( amount •' _ equal to the unredeemed .principal amount of the Bond so surrendered, of the same maturity, and ` . ' - ... ,. . bear,mg interest at the. same rate..• ~ .. _ ~ _ ;_ _ In all cases in .which Bonds shall be exchanged or the transfer of Bonds ,shall be registered hereunder, the Bond Registrar shall authenticate and deliver •at= he earliest practicable •~ ~ time Bonds in accordance with the provisions of thus resolution. All Bonds surrendered.~in any . ~ , .~` ~ , .exchange or registration of transfer shall forthwith be cancelled by .the Bond ..Registrar: The Issuer or the- Bond Registrar may make a charge for shipping.. and out-of pocket costs for:every ~' exchange or registration. of. transfer of Bonds sufficient to reimburse it for any tax or other. . ~ governmental charge required to be paid with respect to the exchange or registration of transfer, • ~ 5 ,but no other charge shall'be made for exchanging or registering the transfer of Bonds under this ' ` resolution. The Bond Registrar shall not be required to exchange or register the `transfer of .any • ' .. B'orid during a period beginning at the opening of business fifteen (15)~days before the :day of the. ` mailing..of a notice of redemption of Bonds or any portion thereof and ending at the close of ` business on the day of that mailing or of any Bond called for redemption. in whole or in part ` . pursuant'to this Section. As to any'Bond,,..the person in-whose name the same shall be registered shall be deemed ~ • -- ~ '•and regarded as-thee absolute owner thereof for all purposes, and payment of or on account of the . ~ `principal or redemption price of any Bond and the interest on any Bond shall be made only to or . upon~the order of the registered owner .thereof or.his legal representative. All such payments ~- shall be valid .and effectual to satisfy and discharge the liability upon that Bond, including the redemption premium; ,if any; ,and interest thereon, to the extent of the sum or sums so paid. The Issuer; shall appoint such registrars, transfer agents, depositaries or other agents and • ".. make such ocher arran~em n a' ~' : e is as maybe necessary for the registration, re~istratron of transfer '". and exchange ofBonds within a reasonable time accordin to commercial standards the ~_~_au,r.,u: .tn,a.o~iuta 11~. , . - 3 " _ ~ ~ .' applicable and for the-"timely payment of principal, interest and any redemption premium with respect to the Bonds. The Finance Officer of the Issuer is hereby appointed the registrar, transfer agent and paying agentfor,the Bonds (collectively, the "Bond Registrar"),"subject to the right of the governing body of the Issuer to.appoint another Bond Registrar, and as such shall keep at his office as Finance Officer, 320 Chestnut Street, Room 602, ~~ilmington, NC 28401, the books of the Issuer for the registration, registration of transfer, exchange and payment of the Bonds as provided in this resolution. , 9. The actions of the Finance Officer of the Issuer' and others in applying to~ the Local Government Commission of North Carolina to advertise and sell the Bonds and the action of the Local Government Commission of North Carolina in asking for sealed bids for the Bonds by publishing notices, and printing and distributing an Official Statement and a Supplement thereto relating to the Bonds are hereby ratified and approved. That Official Statement is hereby approved, and the Chairman,;of the Board of.Commissioners, the County Manager and the Finance Officer of the Issuer 'are each hereby authorized to approve changes in the Official Statement, to approve the Supplement, and.to execute the Official Statement and the Supplement for and on behalf of the Issuer. , . 10. The Chairman of the Board of Commissioners and~the Clerk to the $oard of .Commissioners and' the Finance Officer of the Issuer are hereby authorized arid directed ~to cause the Bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the Bonds and have the Bonds endorsed and authenticated as provided herein and to deliver the Bonds.to the purchaser or purchasers to~whom they may be sold by the Local Government Commission. 1 1. The Issuer covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), to the extent required. to preserve the exclusion from gross income,of interest on the Bonds for federal income tax purposes. 12. _ The Chairman of the Board of Commissioners and the Clerk. to the Board of. Commissioners, the Finance Officer and other officers of the .Issuer are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all financing statements, certificates, documents or other papers and, to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this resolution and the matters herein authorized. 13. The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provide: . (a) by not later than- seven months from the end of. each fiscal year of the Issuer, to each nationally -recognized municipal securities information repository ("NRNISIR") and to the state information depository for the State of North Carolina,("SID''), if any, audited financial statements of the Issuer for such fiscal year, if available, prepared in accordance with - Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to tune, or any successor statute, or, if such audited 4 Q _ financial. statements of the Issuer are not available by seven, months from C-y?siso„ui_.i»oa.oou,a 12 .. , . , .. . . - ~ - .J ~ ~ the end of such fiscal year, unaudited financial statements of the Issuer,for such fiscal year to be replaced .subsequentl'y l?y audited financial. ' -- ~ statements of the Issuer to be delivered within :15 days after such audited •~ financial statements become available for distribution. (b) by, not later than seven months from the end of.,each f scal year of the , ~: •' ~ ',. • " Issuer, to each NRl41SIR, and to the SID,.. if any,. (i) the financial and . _;_ . ` ~ statistical data as of a date not earlier than the end of the'precedirig fiscal . ~ ~ .year -for the type of information included under heading "The County - _ °. . . ~ _ Debt Information and -Tax Information" in the Official Statement relating to the Bonds. (excluding any information on overlapping or underlying . ~ - units) and.(ii) the combined budget of the Issuer for the currentfiscal year, . ~• . ' ~ ~ - `to the extent such :items are not included in theaudited financial ,... ` - ~ ~ „ .' statements referred to in {a) above;- ~ ~ ~ • c in a .timel .manner, to each NRMSLR or to the ~Iunici al Securi ,- ~ ~. . , (.) Y << P ~ ties '_ Rulemaking Board (MSRB ), and to-the SID, if any, notice of any of the. . ' ~ ~ • following events with respect to the Bonds, if material: <. ~ ` .~ , :: .-': ~ . ~ ~ (1) principal and interest payment delinquencies; , ~. ~ ' (2)~ non-payment related default;. , . , W ~ (3} .unscheduled. draws on debt service reserves reflecting financial ` . ... .difficulties;. • • 4 . .. r (4) ~ unscheduled draws on any credit enhancements. reflecting financial ~. •: - difficulties; - . ., . . ~~ - • , v (5) substitution of any credit or liquidity providers, or~ their failure to ~ . ~ , ' .; , . `. - ~ perform; .~ '. .. - .. ,. •.~ ~ ~ - ~' ~ (6) adverse tax opinions or events affecting the tax=exempt status of " '' .. • , ,. ; -, the Borids; . ~ ~ (7} modification to the rights of the beneficial owners of thef Bonds; {. :. s~ ~ ~ ~ ~ - a ~ (8} - ,.bond calls; ~ . ~- (9} defeasances; , ` _ ~ . ~ .(10) release, substitution or sale of any. property securing repayment. of - the Bonds; ..' - ,. . (11-) rating changes; and :. , ;.. ~ . . . --s~ags~~~.'ui_.'ti37ua.onuia ~ 13 - - z _. , (d) in a timely manner,. to each NRtvISLR or to the~MSRB, and to the SID, if any,: notice of a failure. of the Issuer to provide required annual financial information described in (a) or (b) above on or before the date specified. If the Issuer fails to comply with the undertaking described above; any beneficial owner of the Bonds may take action to, protect and enforce the .rights of all beneficial owners with respect to such undertaking, including an, action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration, of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in.this paragraph for the benefit of all beneficial owners of the Bonds. The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer.,, provided that: (a) any such modification may only be made in connection with a change in circumstances that arises, from a change in legal requirements, change in law, or change in the identify, nature, or status of the Issuer; (b) the information to be provided, as modified, would have complied with the requirements of Rule 1Sc2-12 issued under the Securities Exchange Act of 193'1 ("Rule 15c2-12") as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and (c} any such modification does not materially impair the interest of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this bond resolution, as it may be amended from time to time, at the time of the amendment. Any annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section shall terminate upon payment, or provision havirig been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds. n 50 o-aaaau~-o t_.t3~ua.uonia ~ 1 q a ~..1 STATE OF NORTH CAROLINA ) . ss.. COUNTY OF NEW HANOVER ) I, LUCIE F. HA.RRELL, Clerk to the Board of Commissioners of the County of New Hanover, DO HEREBY CERTIFY as follows: 1. A meeting of the Board of Commissioners of the County of New Hanover, located in the State ofNorth Carolina, was duly held January 3, 2000, such meeting having been noticed, held and conducted in accordance with all requirements of law (including open meetings requirements), and minutes of that meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of the Board. 2. I have compared the attached extract with the minutes so recorded and the extract is a true copy of those minutes and of the whole thereof insofar as those minutes relate to matters referred to in the extract. 3. That extract correctly states the time when the meeting was convened and the place where the meeting was held and the members of the Board who attended the meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the seal of the County on , 2000. - (SEAL} Clerk to the Board of Commissioners 52 - ~ c-oaaaso•,ot- .i3iua.oo~~:a 16 " NEW.HANOVER COUNTY BOARD OF COMMISSIONERS ~ ~ ' ~~ ~ . - REQUEST FOR BOARD ACTION ^. .. ~. Meeting Date: 01.103/00 ~ ' . ~ ~Regular Item.#: g _ estimated Time: Page Number: . Department: Planning . Presenter: Dexter Hayes .~ ` Contact: Baird Stewart SUBJECT: - " _ " .. _ .. :~ `' Case: S-451,:.12199-.Special Use Permit For A Child Day Care Facility ~:.. " BRIEF SUMMARY: '~ Petifiiorier is requesting a special use permit for a child day care facility. ~. RECOMMENDED MOTION AND REQUESTED ACTIONS: . "The Planning Board voted unanimously to approve the special use permit fora. Child.Day Care Facility under tfie conditions-that the petitioner revise the site plan to have only one entrance on South College - - .. Road with a deceleration lane. The petitioner must also provide a 6' high solid wood fence with two rows. of landscaping along the Woods Edge Subdivision side of the Parking Area. The Panning Board also ,'.;recommended that with the exception of minimum, security lights all other outside ights all other lighyts - must be turned ofif at 10:OOpm. v . ' ..FUNDING SOURCE: none , ., ,. , .. ATTACHMENTS: ,. 6 pages .. ~ ~ ~. . ~~, 'ITEM~DOES NOT REQUIRE REVIEIIV I " '~'? - -~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS• _ ' . ,,,. - ~ ... - ~ ~~~ ~1~~~~~ . .. , . ~ A~Rav~ o ,, ;. . . ~ ~ REIECTE® - / . ~ ~" , ' ~ REME}VEQ Ct .~ ,~~ _., ... ~ pOSTPONEO 'C.1 ., ~ ' , HEARD J . ... ~ ~A 13 0° TE 2 . ~. _ ~ , .~ Case: 5-451, 12/99 -Special Use Permit For A Child ,Day Care Facility Planning Board Recommendation 12/2199 The Planning Board voted unanimously to approve the special use permit for a Child Day Care Facility under the conditions that the petitioner revise the site plan to have only one entrance on South College Road with a .deceleration lane. The petitioner must also provide a 6' high solid wood fence with one row of landscaping on the residence side of the fence and where the fence ends provide two rows of landscaping along the Woods Edge Subdivision side of the Parking Area. The Planning Board also recommended that with the exception of minimum, security lights all other outside lights must be turned off at 10:00 pm. Note: 'T'his applicant was recently granted a special use permit at a different location for this Child Day Care Facility. Because of the presence of wetlands, that site is no longer being considered. Preliminary'Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site will be served by City water and County sewer. B. The site is located in the Myrtle Grove VFD. C. Access to and from the site is proposed on College Road. College road is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan. - 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The subject property is zoned R-1,5. A chrild daycare facility is~permitted by special use permit in all residential zones, subject to the dimensional requirements of the district. B. A site plan has been submitted which meets all of the requirements of the.zoning ordinance. 3. The Board must fand that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding land use is residential and the surrounding zoning is R-l~. B. Elementary School use is permitted in all residential zones as shown in section 50.5 (Table of Permitted Uses) in the New Hanover County Zoning Ordinance. C. A retention pond is shown for storm drainage. 4~The.>B.oard~must. find "that the location and character of the use if developed according to the plan°as~subrn~ilttnedta~riil~ pproved will be in harmony with the area in which it~is to be located and in .general c fo m~h~`~~~~it~h'~the plan of development for New Hanover County." ~~l'~ ~~ aA. The prmar~~~;~ia`~th~'e area is residential, with other institutional uses located nearby. B. Otherhoo`'ls~a l~~la'~ycare facilities are located in residential areas throughout the County. ~3Skt . _, . 54 ~, Planning Staff Concerns: 1. Staff recommends that the petitioner work tivith the adjacent owner to the rear of the property to secure a pedestrian access to the site. 2. In order to eliminate driveways on College Road, staff recommends that the petitioner negotiate an access from Greenbriar road through property owned by Maurice Emmart (parcel 5). Crossovers are located south of the site at Greenbriar road and north of the site at Hidden Valley Road. 3. Sign easements in-front of the ]ot are not permitted to advertise off premise projects except during . construction. Temporary off premise signs are permitted provided they do not exceed 3 sd. ft. and are not more than 4 ft. in height. • y 55 S-451 12/99 , PETITION SUMMARY DATA OWNER/PETI'I'IONER: HOWARD CAPPS FOR ARNOLD SOBOL EYISTING LAND USE: UNDEVELOPED ZONING HISTORY: MASONBORO OCTOBER 15, 1969 WATER TYPE: CITY SEWER TYPE: COUNTY RECREATION AREA: WILLOUGHBY PARK ACCESS AND TRAFFIC VOLUME: 19,100 NORTH OF MONKEY JUNCTION FIRE DISTRICT: MYRTLE GROVE VFD WATERSHED AND WATER QUALITY CLASSIFICATION: C(SW) MOTTS CREEK AQUIFER RECHARGE AREA: PRIMARY RECHARGE AREA CONSERVATION /HISTORIC/ ARCHAELOGIC RESOURCES: NONE SOILS: LEON SOIL (LE) BUILDING SUITABILITY: CLASS III SEVERE LIMITATIONS SCHOOLS: ROE 56 . Howt~tn T. CAPS & AsSOCIATES, INC. Land Planning • Londscape Archirecrure MEMORAND UIYI . TO: Scott Cooke NCDOT County Maintenance Engineer FROM.• Howard T. Capps, RLA, ASLA DffTE: December 17, 1999 ' ~ ~ ` ~: Chesterbrook Academy Scott, I have enclosed a copy of the preliminary site plan for Chesterbrook Academy. As I mentioned during our meeting at your office, the original plan included two driveways on College Road with no deceleration lane. Based on public comments at the New Hanover County Planning . ' Board Meeting, we have revised the plan as shown to have one driveway located as far from Greenbrier Road as possible, with a 12' wide deceleration lane. I have revised the. driveway layout to include the 40' radius you recommended. As you~know from our conversation, the New Hanover County Planning staff had requested that we investigate the po"ssible acquisition of a vehicular access easement to Greenbrier Road. I have • . discussed this with the land owner, and he is not interested in selling an access easement; therefore, access to the site must be by way of College Road. Please let me have any additional comments you may have on the vehicular access by the end of 'December if possible. cerely, Howard .Capps, RLA, ASLA , President HTC: ja CC: Daniel. J. Wallace, Nobel Learning Communities, Inc. / Baird Stewart, Senior Planner, New Hanover County Planning .Department J/ .Change ofAddress: 805 N. 9th Street, l3~ilmington, N. C. 28401 57 ?UI North i=ronbStreet, Suirc 402 bVilr7~ington, North Carolina 28401 • 910-763-7708 y. s HOWARD T. CAPPS & ASSOCIATES, INC. 'Land Planning •.Landscape Architecture December 17, 1999 Mr. Maurice Emrnart; Jr. 100 Aqua Vista Drive Wilmington, North Carolina 28409 Dear Mr. Emmart: ~ ~ RE: Chesterbrook Academy Vehicular Access I am writing to follow up on our telephone conversation on December 16 concerning your interest in providing a vehicular access easement across your property to Greenbrier Road'. Based on our phone conversation, you know we are planning vehicular access to the site from College Road byway of a new deceleration lane. However, New Hanover County Planning staff has requested that we contact you concerning your interest in selling a vehicular access easement to my client to allow for access from our site to Greenbrier Road as an alternative to access from College~Road as currently planned. I am writing to confirm that, based on our phone conversation, you do not have an interest in providing such an easement. In fact, you indicated that some. residents in the Greenbrier neighborhood have contacted you and specifically indicated that they do not want vehicular access to our site from Greenbrier Road. If you should change your mind about an easement, please let me know by Friday, December 24, 1999. Sincerely, Howard T.~Capps, RLA, ASLA . President HTC: ja r CC: Daniel J. Wallace, Nobel Learning Communities, Inc. / Baird Stewart, Senior Planner, New Hanover County Planning Department i/ Change ofAddress: 80.5 N. 41h ,S'treel, l3~ilnrrngton, N. C. 28401 58 .?01 hc)rtli Frc)nt Street, Suite, 402 Wilnrin}tcm, Nc)rtl) r;~arc)lina 28401 • 9L0-763-7708 b i NEW HANOVER COUNTY BOARD OF COMMISSfONERS REQUEST FOR BOARD ACTION Meeting Date: 01/03/00 Regular Item #: ~ e ?Estimated Time: Page Number: . Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart SUBJECT: . ~ Case: S-450, 12199-Special Use Permit For A Community Boating Facility BRIEF SUMMARY: Petitioner is requesting a special use permit for a commuinty boating facility ' RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning board voted unanimously to approve the special use request for a community boating facility provided the petitioner revise his plan to only allow space for 5 boats. FUNDING SOURCE: none _ ATTACHMENTS: , 4 pages 1TEM DOES NOT REQUIRE REVIEW ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: . COMMISSIONERS' ACTIONSICOMMENTS: , - ' y ~. y COUNTY COMM1SStCNQ~ APPRQVEt) E`~ REJECTED C3 , REMOVED D `~ POS"i•PONER D ~ 'a~ HEARD ~ [~~ DATE ..~L.~ 3--~~,~ -- ' ~J Case: 5-450, 12/99 -Special Use Permit For A Community Boating Facility Planning Board Recommendation 12/2/99 The planning board voted unanimously to approve the special use request for a community boating facility provided the petitioner revise his plan to only allow space for 5 boats. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is served by City water and County sewer. B. The site is located in the.Seagate VFD. C. Access to the proposed pier is through a 10'_pedestrian access easement betvveen~parcels 2&3 on-the site map. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The subject property is zoned R-20 and the land classification is Conservation. Comnninity boating facilities are permitted by special use permit in the R-20 zone. B. The zoning ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grotulds, and conservation. resources. C. Off street parking must be provided on site at one space per boat slip, or on nearby residential lots. D. The number of boat slips must not exceed the number of residential lots or dwelling traits within the associated development. E. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. • F. 'Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs, shall be strictly prohibited. 3. The Board must find that the use will .not substantially injure the value of adjoining or abutting property or that the use is a .public necessity. A. The surrounding land use is residential. The surrounding zoning is R-20. B. Several of the residences have existing private residential piers. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which~it is to be located and in general conformity with the plan of development for New Hanover County." rA~:°b-Provided the ro osed facilit does no,t encroach on the ri arias rights of other surroundintr ~r ~. ` k~ u©3 p~~;Pirs,~ia y P properties`and that access to Hewlett's creek is not obstructed the plan appears to be in keeping with existi4~ area~~~'~~'~ B. New ~H'anov°erl`Cou~ty land use policies encourage the consolidation of riparian access. ~ ~~~~~~1 t 60~~..~4 ~~~~ 5=450 12/99 PETITION SUMMARY DATA OWNER/PETITIONER: HENRY HAWTHOR~IE & CLARENCE ALFORD EXISTING LAND USE: VACANT ~ . ZONING HISTORY: DECEMBER 15,1969 WATER TYPE: COMMUNITY SEWER TYPE: COUNTY RECREATION AREA: BRADLEY CREEK SCHOOL PARK ACCESS AND TRAFFIC VOLUME: 11;400 EAST OF PINE GROVE FIRE DISTRICT: SEAGATE VFD WATERSHED AND WATER QUALITY CLASSIFICATION: HEWLETTS CREEK SA AQUIFER RECHARGE AREA: SHALLOW WATER-TABLE SAND AQUIFER CONSERVATION /HISTORIC/ ARCHAELOGIC RESOURCES: TIDAL MARSH SOILS: (CR) CRAVEN FINE SA\iDY LOAM; (Ziti1) TIDAL MARSH BUILDING SUITABILITY: CLASS III. SEVERE LIMITATION, CLASS IV UNSUITABLE SCHOOLS: BRADLEY CREEK • 61 {This page Intentionally left blank} 62 } NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/03/00 Additional Item #: 1 Estimated Time: Page Number: Department: Legal Presenter: Dave Weaver, Assistant County Manager Contact: Kemp Burpeau, Deputy County Attorney and Neal Lewis, Parks Director SUBJECT: Offer of Donation of Real Property by David E. Taylor and Pamela A. Taylor BRIEF SUMMARY: Donation of two (2) marshland parcels adjacent to the County River Road Park. The tracts together comprise approximately 42.45 acres. County Environmental Management and County Parks have examined the site and found no environmental concerns. The Grantors will accept and retain an ingress and egress easement over the donated land in order to access a river island that is not part of the gift to the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify and accept donation. FUNDING SOURCE: N/A ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Deputy County Manager contacted via phone all Commissioners and received their approval of the donation. The formal ratification is needed during a regular County Commissioners meeting. COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMI :~J APPROVED C~s~~;. REJECTED O <~ REMOVED D '°'~ POSTPONED O y HEARD ~ DATE r!1~3~.~. ~~ Q '+~.,~- n Q a<< ~ ~~- °, t'Jl UC,, `JY~ rL Y~ ~~ ~ p '~1J~'i~41'Y y s E~ L } !!'~ ~ //~ ~9?!~ ~Inti ~ t 11 Y S5' /~ ( ~ " ~1WC7 ~% { Thd,~ page Inte~atdonally left ,blank} fl f V ^ i ~. S I ~ i I NEW HANOVER COUNTY BOARD OF COMMISSIONERS `, REQUEST FOR BOARD ACTION • . ~ ' 8 Meeting Date: 01/03/00 ~~ _ Water & Sewer Item #: Estimated Time: Page Number: • ~ Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell ~ ~ ° „' SUBJECT:.... ° , ~ -' Approval of Minutes -Water & Sewer Agenda ,BRIEF SUMMARY: ' Approve the following sets of minutes: • Regular Meeting, November 15, 1999 • Regular Meeting, December 6; 1999 ~. RECOMMENDED MOTION AND.REQUESTED'ACTIONS: ~, :Approve .minutes: , . . FUNDING SOURCE: ~ • . . . ATTACHMENTS: ° ~ . ITEM DOES NOT REQUIRE REVIEW ~ , COUNTY-MANAGER'S COMMENTS AND RECOMMENDATIONS:' . - - COMMISSIONERS' ACTIONS/COMMENTS: - :~ .., - ,. , . COUNTY CpMNt6SS10 .. ,. .~= .. . REJECTED ^ ;~ - „ . . ,. ,,. REMOVED ~° ' ~ - ~ ° POSTPONED O .. ~° . . - ;: °, HEARD ~ , DATE ...~:.' 3 ~_2_1~0:0~' - , ; • .~ ~ This page inte~tioa~all~ left ,blank} c ~'z~~ 4~~.~3~ C~Y'~~4 66 b i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01103/00 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: ' Release from Contract #96-0452A Carolina East Developers -Arrondale Subdivision BRIEF SUMMARY: Carolina East Developers, Landmark and the District entered into the referenced contract to construct 13;200 feet of sewer force main. along River Road from the Lambs Bluff Subdivision to the Mott Creek pump station. Carolina East had received a budget figure of $100,000 from a contractor for construction of the project. Knowing this, the contract was set up for each developer to pay $20,000 and for the District to pay $60,000 toward construction. Any cost above $100,000 would be divided proportionally among all parties. When bids were actually received, the cost increased to almost $300,000. This was mainly due to construction requirements by LAMA. 'Knowing this situation, Carolina East is now asking to be released from the contract and have agreed to forfeit their $20,000. They have indicated they cannot financially afford to ,pay the increased cost.- . Attached is a copy of a letter from the Carolina East attorney. The remaining portion of the Carolina East Development (Arrondale) has been sold. If released from the contract, all lots in the future sections of Arrondale property, which have not received sewer system approval, should pay the $450.00 development fee as other developers using the force main do. This is already a contract requirement. The attorney for Carolina East is stating that his client should not have to pay the development fee, since the sewer force main in question must be constructed for the schools at Veteran's .park.. Staff does riot agree. The force main will serve the south western portion .of.the County, including the Veterans Park School site. Landmark had previously sold the property, which they planned to develop to the County for Veterans Park. With the sale of the property, Landmark agreed to allow the District to retain their $20,000 contribution, if released from the contract. Landmark was released at an earlier Commissioners meeting. The District is proceeding with the bidding of the force main to assure that it is in place prior to the Veterahs Park Schools being completed. This force main will also redirect flow from The Cape wastewater treatment plant, which is private, to the Southside wastewater treatment plant, which is jointly owned by the County and City. A map is attached for your information. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the request by Carolina East Developers for release from contract responsibilities be approved. However, at the time a building permit is issued for future lots which .have not received sewer system approval a $450 development fee will be required. CQUNTIf COMNIISSI®IVFJ~ APPROVED [i 's;~aK FUNDING SOURCE: `-~ NA REJECTED. t~~ j ,~ , REMOVED C ~~~~ ATTACHMENTS: ~ POSTPONED O yet 67 Letter HEARD O DATE I f 3_' 20C~v ' Location Map ~~--- J REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: NIA HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOM DATIONS: Concur with County Engineer's recommendation. COMMISSIONERS' ACTIONSICOMMENTS: ~.,~_:~;.,~°..~,, a oQ ~ ~~ C ©c~~~~, ~'~ 6 V ~ a ~t~ ~~.~.~/~~ . ROUNTR$E ~z. BEAGLE, L.L.P:. ATTORNEYS AT LAw MA1Lmc ADDRESS ~. F{AR~LD SFr~.CiLE 2419 iMARKET STREET P.O. l3ox 1409 Senior Partner WILMINGTON, NORTH CAROLINA'Z8403 Wilmington. NC 28402-1409 TELEPHONE: 910-761.3404 FACSIi~11LE: 910.763-0320 '~ October 7, 1999 ;; .. . rsctia~ ~1;1rp CaU, :_,S~i,iil-C { 1 . .` - ~ ;1 Deputy.County Attorney ~ ~ ~:~~ ~ ' 1` •.; New Hanover County _- ~ ~ ~'" -• .Office of the County Attorney ~ - "` ~ °` 3.20 Chestnut Street; Room 309.. Wilmington, North Carolina 28401-409 ~ '~. ~-- Re: Carolina East Developers, Inc. . New Hanover County Contract X96-0452A • Our File No.: 4400.098 ~. Dear Kemp: " • Following up on our telephone conversation of .this afternoon in the above matter, the principals of Carolina East Developers, Inc. have asked that I assist them in concluding their . involvement in the above-referenced contract: Kenny Norris, J. W. Fussell and Greg Brown met with Wyatt this morning before they had seen your letter of October 6. In light of the fact that. they heave-sold the development originally. intended to ~be benefitted by this sewer line, they asked Wyatt to be released from the bond and their obligation under the contract by paying in the 520,.000.00 - ' which was their original commitment. They would also be willing Co give up any. reimbursement frorri,thP stlhserlllent fees genPra.ted from the use of the line. In return, they only ask that they be released from the bond, released from the contract and that the County acknowledge that, upon the building of the line,, sewer will be made available to the Arrondale_Subdivision.'.There iscertainly aprecedent for this method of resolving the responsibility of a contracting party as Landmark, who was originally in the contract, has resolved its obligation ~ , • in "theaame fashion, In light of the financial condition of Carolina East Developers, Inc. (which the principals'can demonstrate,.ifynu like) and the simplification "of the process which can be achieved, ~, this certainly seems to be a logical solution. ~ • I appreciate your speaking with me and I look forward to hearing from you. i 69 . r • • . ~ , Kemp P. Burpeau, Esquire Page Two October 7, 1999 With best regards, I remain Sinc rely ours, J. Harold Seagle JHS/gw pc: Mr. Kenny Norris Mr. J. W. Fussell Mr. Greg Brown 70 ROUNTREE & BEAGLE, L.L.P WILMINGTON, NORTH CAROLII~IA ~ PROPOSED RIVER ROAD FORCE MAIN LOCATION • NOVEMBER 17, 1999 MAP-NOT-TO-SCALE { Thi,~ page intentionalJyleJt blank} 72 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS January 3, 2000 _ ITEMS OF BUSINESS ~ PAGE ~ NO. 1. Approval of .minutes 73 - ~. 2. Acceptance of State Senior Center Funds for Department of "Aging. 75 ' ~ Senior Center 3. Approval to waive Murrayville Water System Development fee due 77 _ to hardship , '4. Approval of contract #00-0199 for a term contract for open plan 79 ' office systems and accessories to American Seating Company ~` 5. ' Approval of contract #00-0234 with TLT Babcock,-Inca fora `shaft 81 assembly for the existing wet ash pusher at the WASTEC facility 6. Approval of contract #00-0239 with Navistar International 83 Transportation Company for one tandem cab and'chassis for . ' Vector Control of the~Health Department ~ , 7. Approval fo apply for NCDOT Section 5311 Grant for FY2000-2001 85 '~ 8. Ratify Appointment of Wanda Neidig to the Criminal Justice 89 Partnership Board/Juvenile Crime Prevention Council 9. Approval of Budget Amendments:.. 9.1 #2000-15 Federal Forfeited Property Capital Project 91 . 9.2 . #00-0085 Social Services Administration/Crisis Intervention 92 . i j,. ~; 1; . ;~ ; ~; Program ~ ~ ~ ' ~ ' ~ i ~~ .. ~ i ' .''j ~1 ~ { ~~ I I ~~ I I, ~. { i ~i I ~j ~~ ~ i i ~ ~, I 1 ~ 1 I ~i I ~. ~ 7 ~ ~ ~ I i I I I p i i ~ i f . j 4 { This gage i~atentio~aally left black} 4' y :, {This page Intentaonallyleft black}~ ~~' ~ f may ~ ~ ' .+q~ ~ ~! Y ~ ~ (~j ;~ysyg !~ b NEUV HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACT10N Meeting Date: 01!03100 Budget Amendment _ ,~) DEPARTMENT: Department of AginglSenior Center BUDGET AMENDMENT #: 00-0087 " , ADJUSTMENT DEBIT ~ CREDIT Department of AginglSenior Center: State Special Appropriation $6,329 "~ ~_ ,, Salaries and Wages $6,329 ~. - ~ _. 7 EXPLANATION: To budget State Appropriation Senior Center funds which will be used to offset , salary and fringe for existing Senior Center staff. The grant moneys require_a.1~0% match of $704 that is already in the current approved budget. ~9 _ _--, ADDITIONAL INFORMATION: ~ APPROVAL STATUS: To be approved by Board Of Commissioners " ;,. C®UIVTY COi~ P STf~l1 ~ is ti rr: ~V l lQ~ATE®~~ ' ti~1 _ _w ,, 7 J n. wnYty~ naoauus, ncsw Ducctor 1~ ~~~ ~1~ DEi'AIt7C1Y3~NT CiF SC)C~L SER'S~CES x~$b.~R~~1~IFLELIa STREET . p~ST ~DFF~~E ]fDR~.WE~ 1559 V6~YT.,lYIIIY~Tt~1+1, id(~kt,T1~ CA~~LiI~i~ 2$402-1559 TELEPI;IONE (910) 341-4700 FAX (~10) 341.4360 December 3, 1999 Dave Weaver Assistant County Manager 43.4 Chestnut Street _ Wilmington,, NC 28401 Dear Mr: Weav~ar : _ .. ~ . Y am writing- you on behalf of our c].~.ent, Katherine Le~ris, wha resides at . 6017 Murrayva]_le Road- in y~ilmingtcan. Her hot~te suffered.. ex;~ensiv~ damage. due' to flooding from Hurricane k'loyd. Ms , Lew~.s' property xs _n~it loca~Ged ~ i.n. a 100 year flood zone and does not meet the current guidelines tox the: federal buy-out pxogram. Sha and her ~wc chz3.dren are currently dieing housed on hex property in a -,travel txai.ler provided by ~FEMA until xepairs can be made to her hama.- ~ , the Lewis family'a greatest need right now is an a.lt.ernate source for drin3cing water as the existing we13, was rand'®red unusable after the stox'm. Three years ago, the New Han~7vgr County Water and Sewer Distz'~.ct granted Ms. Lewis a free water tap in exchange for a utility easement on her property. xawevex, this did not include the current devel+~pmental fee of $720 for conneatian to the water line crossing heap property. Therefore, our department is request~.ng that the Craunty waive this fee for Ms . Lewis and ,assa.st her '.family in their recovery proce:~s . Please call me at 341-47,01 . if you need: further i.atfarmation. .We appreciate youx consideration of this"request and load forward to your response. Sincerely, Ann M. Bar}cley~ ACSW Community and Support Services Chief j~" ~;`', ' . - ,,4GENCYMFsMBER: ,~/~RPC,4NPU,~C,rC y3'ELFAREASSOG'1f1T14N ~` NCRT~ ~'ARdLINA Cf~IL17ADY0C~ACYINSTITUTF V'o ~" ;' 3 ,. ,~i, ., ~~ '~ :`~ a; a r„ ~'~_ _.: . . ~ ~ NEW HANOVER COUNTY BOARD OF COMMLSSIONERS ~ ~ ,' - ~ ~ ~ '~ ~ ~ REQUEST FOR BOARD ACTION . ~ ~ Meeting- Date: `01/03/00 "~ ,,, ~ Con'sentYtem #: 4 Estimated Time: ` Page Number: ~ ' :: ... { Department:.Finance Presenter: - ~. ~ - - h ~~ s .. 4 , . . .., Contact: Amy Akin ,. . ' SUBJECT:' ~ - .... „ . ~ ' Approval~of.Contract # 00-0199 for a-term contract for open plan office systems. , '- `arid accessories to American Seating Company. ~ .. .. ~ ~ ~ .. . `-BRIEF SUMMARY: .- ; .: ~ ; ; . Because of the urigueness and .incompatibility of the respective open plan office. systems available on the T ' ; ~ ~ market, in 1990.°the County standardized with one manufacturer for all open plan office systems to be ' ,, purchased. With assistance from the State Office of Purchasing; specifications were developed and `~ ~~-~ _.. _ ` '- several different manufacturers were evaluated. Itwas decided that American Seating would be the line "purchased for the County-. The current three year #erm contract has expired ,and staff has followed the -~ sole source procurement. process as outlined in General Statute 143-129(.f) to establish another term - ~ ~ ` contract to be used if needed. The term contract is written specifying materials at a fixed percentage ` discount off the current. manufacturer's list price, labor at a fixed percentage of the manufacturer's price ,, ., .. .. ,. list~arid .a design fee at, a fixed hourly rate. , , ; ` '•. RECOMMENDED MOTION' AND REQUESTED ACTIONS: .; Com ranommends adoption, of attached resolution awarding contract #'00-0199 to American Seating x , p y .. FUNDING SOURCE:.... ~ :. ` ~ This will be a terra contract to be used'on an as needed basis with.. required funds fo,r purchases being - "~appropriated according to County procedures: ' , . . ` 8, _ , ATTACHMENTS: '. ~: .. Resolution is being transmitted as an attachment to this document.. . , .. S ,. : ~ ~ - . 00-u1,99r.wp ~ ~ _ 4 .. The~contract is being. sent separately to the County Manager's Office. ' ~, ' REVIEWED BY: - LEGAL: ~~ - FINANCE: Approve: BUDGET: Approve HUMAN RESOURCES: NIA ;~~~ COUNTY MANAGER'SCQ II~ENTS AND RECOMMENDATIONS::' ' ' Recommend approva . „ , - > ,. ± -`COMMISSIONERS' ACTIONS/COMMENTS: ~OUN~ ,~8~~1I~ .. ~ REJECTED ~~' : , MOVED , ~- -. . u _ .~ RE ... ~ POSTPONE®,D . - - . _ 81? EARD- ~~ . DATE ~l_ _~ ?Ud ~~ -- --- - ... - .. -. ~ . . . ~ RESOLUTION OF THE . BOARD OF COMMISSIONERS OF , NEW HANOVER COUNTY WHEREAS, because of the uniqueness and incompatibility of the respective open plan office systems available on the market the County decided to standardized on one product to be used in the County; AND WHEREAS, in 1990, with assistance from the State Office of Purchasing, specifications were developed and several different manufacturers submitted proposals and were evaluated resulting in American Seating Company being chosen.as the standardized product line the County would utilize; AND the County has negotiated, directly with the manufacturer for a three year term contract to be established to be used as needed for items receiving proper approval and funding through the normal County process, prices to be calculated according to the following formulas: ... ~ ~ . . AND WHEREAS; General Statute 143-129(f) allows an~ exemption from formal bidding for purchase contracts when price competition is not availalle; • ` ' . . ~.~ AND'WHEREAS,~tlze Finance Director and the County Manager recommend that the contract be awarded to American Seating Company in accordance with General Statute 143-129(f); , , Materials Price (% Discount off current Manufacturer's List Price) 50% (Orders $75,000 list or less) 55% (Orders $75,001-$4~5,0001ist) Will be Negotiated (Orders over $425,000 list) Labor Design Fee (% of Manufacturer's L'iaf Price) ° • 4% $50.00/hour 4% $50.00/hour 4% $50.00/hour AND WHEREAS, this will be a term contract to be used on an as needed basis with required funds for purchases being appropriated according to County procedures; .+ NOW, THEREFORE, BE IT RESOLVED by the Board, of County Commissioners of New Hanover County that the contract for an open plan office systems and accessories, contract # 00-0199 be awarded to American Seating Company at the quoted percentage discount for materials, percentage cost for labor, and hourly design fee; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 3rd day of January, 2000. (SEAL) 4:. Chairman, Board of County Commissioners FATTEST: 0~~`~i °'~,f~~` ~~~ ~• Clerk to the Booard° ~' ~~ 2~ ~ a~ ~~1~=~ ~~,~: X .4 • b ~~ • .,. ,• ~ a • ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS :~ - ° ._ REQUEST FOR-BOARD ACTION r Meeting Date• 01/03/00 - .3 • ._ , ;,::_ ~ . ;: Conserit Item. #:~ 5 Estimated Time: Page Number: -. Department: Environmental Management- Presenter: :- - • •: :: ~ ,• ~ ' Contact:-.Amy Akih - ~ . ... . , - ~ ,, • _, . ,;. _ .. SUBJECT: _ ,. _ .Approval of contract # 00-0234.with TLT Babcock, Inc. for a shaft assembly for- . • ; : the existing wet ash pusher at the WASTEC Facility: ' • • •. :: ,, .. ;. , BRIEF SUMMARY: ~ • • • • Staff is requesting approval of contract # 00-0234 with TLT Babcock, Inc. as a sole source purchase •. ., allowed in General Statute 143-129(f). The replacement shaft assembly-needed to .complete scheduled maintenance to the wet ash pusher can.only be obtained from 7LT Babcock;-Inc. TLT Babcock, Inc. holds •'" • all the drawirigs`and specifications to these parts. - ° - ~• _ , .. • ' . RECOMMENDED MOTION AND REQUESTED ACTIONS:. '. • -_ Staff recommentls adoption of attached resolution awarding contract # 00=0234 to TLT Babcock,'Iric. fora ~ „_ .; .. ` •", ' shaft assembly in the amount of $46,•165.00. Contract approval made under'the sole source provision of ~~ " General State 143-129(f). ~ , ~~ . , - ,,. FUNDING-SOURCE: : - ,: - County fun,ds.are budgeted for this purchase in account # 700=485-4195-3920-25. ~ ' _. ` " .~ ~. ~° ~ .. ... ATTACHMENTS: ~ - , -As part of this transmittal,-the resolution is being sent as an attachment..' ~ • - ~° ~ :~ .. • .:. • • . . ,.- .. The.contract is being forwarded to the County.Manager's office separafely, ~ • REWEWED BY: - ~ - '. ~ LEGAL: 1=1NANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A ~ .. c(' ~ 1 A ° ~ „ , ' COUNTY MANAGER'S CO ENTS AND RECOMMENDATIONS:. • ~ - .. Recommend approval. ~ , . :`COMMISSIONERS' ACTIONS/COMMENTS: ~ . ~ ~• .. r - 'COUNTY C~MMI~ . . - ..., . -, ~ ~~PPROUE~ - ~~; • ., • • .. - ~' REJECTE® ~. QQ .. ,. ... .~;U ' REMOVED . ~ ~ ~ - Qasst~oNED ~ ~ ., .~ 3 y ~ •, _ . • ~ HEARD `3 ,~l~O , .DATE ~ ~ -. : ° .,,. ;. 5 .. .. ~, .. RESOLUTION OF THE .. BOARD OF COMMISSIONERS OF , NEW HANOVER COUNTY WHEREAS, the use of the TLT Babcock, Inc. wet ash pusher is required in the routine operation of the WASTEC Facility; AND WHEREAS, the replacement shaft assembly is needed for a scheduled maintenance repair to the existing wet ash pusher; ~~ AND WHEREAS, TLT, Babcock, Inc. holds all the drawings and specifications to the required replacement part; ~' AND`' WHEREAS, General Statute ''143-~129(f} allows an exemption from formal bidding for purchase~contracts when a needed product is available from.only one source of supply; AND WHEREAS, the WASTEC staff has explored options and has been .able to find the replacement part only from the ,manufacturer; - AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4195-3920-25 to cover this contract, contract amount offorty-six thousand one hundred sixty-five dollars ($46,165.00); AND WHEREAS, the Env ironmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to TLT Babcock, Inc., the sole source for this,.part; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract # 00-0234 for a drive shaft assembly for the wet ash pusher at the WASTEC Facility of the Environmental Management Department, be awarded to TLT Babcock, Inc. in the amount of forty-six thousand one hundred sixty-five dollars ($46,165.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 3rd day of January, 2000. (SEAL) Chairman, Board of County Commissioners ATTEST: 1.~J ,-Ica-i-.r,-. ~....._ ' 1 Clerk to the Boar`d"~~'~`~''" t~~1 ta~~~~~ ~~ Co3l~fi~~; ~ J s - ~ , - ,, . , ~, •: - " NEW HANOVER.000NTY BOARD OF COMMISSIONERS ~ • . , ... ~ ~ P `: c .-. :., ~ REQUEST FOR BOARD ACTION ' ..,: - . - ~ Meeting Date: 01/03/00 , . • , , e a _ .. •. ~' ~ .Consent Item.#: 6 Estimated Time: Page Number: ~ ~ ~ ~ ..,; ~ ~ . .~ ' ~ .; ~ Department: Health Presenter: ~ - ,a • ~' ` Contact: ; 'Amy Akiri ~ ~ . ~ .. • . - .. ` a. - . .: . ..: SUBJECT: . ~ . ' . Approval; of contract # 00-0239 with Navistar International;Transpo'rtation>. r ~ Company for one tandem cab and chassis for Vector Control of the Health, . _. Department. r .. .. ... ~. BRIEF SUMMARY: •: Vector Control received approval in the. adopted budget to .purchase a tandem. dump truck.-The tandem - . cab and chassis needs to be purchased first and the body will later be purchased from a truclr body . manufacturer. The sfate of North Carolina did a formal bid for the purchase of-tandem, cab and chassis. and awarded the.contract tro Navistar,lnternational Transportation Company on March 25, 1999. Navistar • . International Transportation Company has extended the same price to the County.. Staff is requesting • ' -approval of contract with :Navistar dnternational Transportation Company through the "piggyback" option as ` • . allowed in General' Statute 143-129..: , , • ;~ ~ ` .. ,. ,.. . RECOMMENDED MOTION AND REQUESTED ACTIONS:. .• , `` ~ , ` Staff recommends adoption. of attached resolution approving contract # 00-0239 with Navistar . International Transportation Company.in the amount of $66,300::00 for one (1) tandem cab and chassis for • .:.. Vector Control Contract approval made under the "piggyback" option allowed iri General Statutes - ; ` :143-129. ," - -, ; ,. • ~ .. ", FUNDING SOURCE: ` . .. ,: , ;. ~ . 1=urds have been. budgeted-for this purchase. in account 110-510-5112-200,0-6400. ~ n - ATTACHMENTS: ~ • , The resolution is being transmitted as an attachment to the agenda. item. ~, ~ • ,~ ~ ~ , , ~ _ ` ~ 00-G23.9rwp ~ . .The. contract is available;for review in-*the County Manager's office. :. ~, .;, ,. • -. REVIEWED BY: . • - LEGAL: ;'. .FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A - ,: . ., ., =• °- COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~. ~ ,. ~ ~' • .. Recommend, approval. _ ~ •. • ~._ COMMISSIONERS' ACTT N (COMMENTS: t4PPROVE® P~....~-- •: , ~.; _ . ~ y ~ ' • REMOVE® • ,;, ' .. •~ ; . POSTPONE®~ . .. ~ ~ ~ •n . ,. ;, , >. HEARD • ~ DATE -.1 /~- ~~~U~~' w~ . t~ '~ ,. , _ ,. , ,,. , _. - ~. RESOLUTION ~. OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNT WHEREAS, G.S. 143-129 allows local governments to buy off of another government's contract if the vendor is willing to provide the item at the same or better price; . AND WHEREAS, the state of North Carolina formally bid the purchase of a tandem cab & chassis unit and awarded the bid to Navistar International Transportation Company; and written contract certification of .award was issued by the state of North Carolina Division_of PLirchase arid Contract on March 25, 1999; ' AND WHEREAS, funds have been budgeted to purchase a tandem cab & chassis unit for Vector Control of the Health Department; AND WFIEREAS, E. F. Craven has offered. to extend to New Hanover County the same pricing provided to the state of North Carolina to purchase the tandem cab & chassis unit, pricing as follows: ~ .,~, .. ± ~ Y One (1) Tandem Cab & Chassis Unit Navistar International Transportation Company $66,300.00. . ~. AND ;WHEREAS, the Finance Director and the County Manager recommend that the contract { for one (1) tandem cab & chassis unit be awarded to Navistar International Transportation Company, based on the price as contained in the award by the state of North Carolina, resulting in a total contract amount of sixty-six thousand three hundred dollars ($66,300.00); AND WHEREAS, fiords and are now inAccount No.110-510-5112-2000-6450 to'cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for one (1)tandem cab & chassis for Vector Control of the Health Department, be awarded to Navistar International Transportation Company in the amount ofsixty-six thousand three hundred dollars ($66,300.00); and that the County is hereby authorized and directed to execute contract # 00-0239, contract form to be approved by the County Attorney. ' " This 3rd day of January, 2000. (SEAL) ATT~ESTt`~~~.~ 8 6 . Clerk to the~Boar~,d .~i.- . Chairman, Board of County Commissioners 5 ,7CCllU11 U, r ar,. ~. ~ i CERTIFICATIONS AND ASSURANCES FOR SFY 2000-2001 Legal Name of Applicant: New Hanover County - ~ ,. Name of Authorized Representative: William A. Caster Chairman, Bd. of Commis`sone~rs Relationship/Title. of Authorized Representative: 13y signing below, I William A. Caster (name) on behalf of the _ Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders and administrative guidance required for the Section 5311 application. the North Carolina Department of.Transportation (NCDOT) makes to the Federal Transit Administration (FTA) in SFY 2000-2001 IFFY 2000). FTA and NCDOT intendtflat the certifications and assurances the Applicant selects on-this „` form, as representative of the certifications and assurances in Appendix H of the Community Transportation Program Application, should apply, as required, to each project for which the Applicant seeks FTA assistance through NCDOT now, or may later,.seek FTA assistance through~NCDOT during SFY2000-2001•{FF.Y 20.00).. . The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has . made in the~statements~submitted herein. with this,document.and any other submission made to NCDOT for inclusion in a submission to FTA, and acknowledges that the provisions of the Program Fraud Civif Remedies Act bf 1986, 31 U. S. C. 3801 et seg•, as implemented by USDOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31 apply to any certification, assurance or submission made to FTA. In si nin this document, I declare under penalties of perjury that the foregoing certifications 9 9 and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Date: 01 /03/2000 5i,gnature of Authorized Representative of Applicant ~, .,..,•„ r~.r ,, w, tom` 'v ~ ~~ . Qi ~`~°! ~~~~~ il~>`i ~ ac ~~;,'Y'?~1 ~~~~ ~~ ~ , ~ ~_ ~l~i ' - ~~~; >. .Section b, rage io SFY 2000-2001 CERTIFICATIONS AND ASSURANCES FOR THE SECTION 5311 PROGRAM This page must be completed by checking the certifications and assurances that apply. The individual authorized by the Applicant's governing body to submit the application, make the necessary certifications, and enter into agreement must sign where indicated. The Applicant's attorney must also sign the form. "flie signatures assure the NCDOT and FTA that the Applicant intends to comply with the requirements for the Section 5311 program. The prospective Applicant whose project(s) will be included in the program of projects for the Section 5311 application for North. Carolina should select the appropriate certifications or assurances below, Tle attached,certificatioris and assurances are described in the. October 28, .1999, Federal Register (Vol. 64, No. 208) entitled FY2000 Annual List of Certifications and Assurances for Federal Transit Administration Grants-and Cooperative . Agreements", pages 58266-58279. The prospective Applicant should understand that they are certifying not as the applicant to FTA, but as a subrecipient providing assurances to the North. Carolina Department of Transportation, the applicant on its behalf, that it will meet the federal requirements outlined in the .certifications and assurances. The certifications and assurances in the Federal Register should be understood in light of this relationship.. .. ;,, t. Certifications and Assurances Required~of Each Applicant - ~ If. Lobbying Certification for Each Applicant Exceeding $100,000 x III. Effects on Private Transportation Companies x IV. Public Hearing Certification for Capital Projects that Will Substantially Affect a Community or Its Transit Service x V. Certification of Pre-Award and Post-Delivery Reviews Required for Acquisition of Rolling Stock x VI. Bus Testing Certification Required for New Bus Acquisitions VII. Charter Service Agreement VIII. School Transportation Agreement IX. Certification Required for the Award of FTA Assistance to An - Applicant for. Its Demand Responsive Service x X. Substance Abuse Certifications x x XI. Certification for the Job Access and Reverse Commute Program XII. Certifications and Assurances for the Nonurbanized x Area Program 9 0 ~;:~. ' a ~~ ~, S ,; " .i a, = ~ {This page irtter~tlonally left blank} ,~ , J"'//'~his • '",Z~ ~.U (~)~,~ f°~` rlt ~~ "f 1 ~ F i ~{ Vt/F',~~ / 1 ~ ~~G'L 5 ~i~ ~.,L'nf J l ` ~ { ( ~ ~J p(~ ~Y( ~ ` ~[~ ( ( 4 ~.~ ~ V ~~Y'~! t ~:~~ g 2 . ~ ~ ~: -J ~n~~~~ ~( b -.,-~~`x "7 NEW HANOVER COUNTY BOARD OF COM1VlhSSIONERS NE1N HANOVER~COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01103/00. Budget Amendment Consent Item #: 9.2 Estimated Time: Page Number: DEPARTMENT: Social Services Administration/Crisis Intervention Program _ BUDGET AMENDMENT'#: 00-0085 ADJUSTMENT DEBIT . CREDIT Social Services Administration: Administrative Grants $82,366. Crisis Intervention Program: Assistance Payments $82,366 EXPLANATION: To budget additional funds for the Crisis Intervention Program. No additional County funds are required. - ADDITIONAL INFORMATION: • APPROVAL STATUS: To be approved by Board Of Commissioners • . COMMISSIONERS' ACTIONSICOMMENTS: t~;OUNTY ~OMMI~~: _ APPROVED G ,= .~ POSTPON~CS'~~~,`~: HEAt2D G~F~tt~~'~~~ r' 7 ~:.. .. ~ J i b' .~ {This page intentionally left blank} 1 4~_ ~ :1;,' r , ,~ ~, • ~~ • ~ .RESOLUTION NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUESTING EXTENSION OF FEMA AND SBA APPLICATION DEADLINES WHEREAS, Eastern North Carolina has experienced the largest and most significant natural disaster know in recorded history of the state -Hurricane Floyd; and WHEREAS, Hurricane Floyd has damaged or destroyed voer 17,000 homes totaling over $400,000,000; and ~.. ~ . ~ ~ _ f WHEREAS, people with damages continue to apply for Federal Emergency management Agency assistance; and WHEREAS, people -must also apply to the Small Business Administration lfor loan assistance and eligibility determination for individual and family grants assistance; and , WHEREAS, applications for Small Business Administration loans have been lower than expected; and WHEREAS, many persons have expressed confusion about the need to complete a'Small Business Administration loan or have indicated difficulty in completion of paperwork; NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners requests the North Carolina Division of Emergency Management, to seek extensions of the application deadlines for individual Federal Emergency Management Agency assistance and for Small Business Administration loans from December l4, 1999 to March 14, 2000; Adopted this the 4t" day of January 2000. (Seal) Lucie F,~1Harrei'1;~,C1•erk to the Board 8 ; '" `r" i; tR~`i~w~}r ' New Hanover County Board of Commissioners William A. Caster, Chairman ~, RL'.SO,~ U7~IUN IZE~ UE,S'TING EX7'EN,S'I(~N OF FEIVIA AND ~3'.~A APPLd~CATIUN D,~ADI,INE~' II'7~EREAS, eastern North Carolina has experienced the largest and rrtost significant natztr°al disaster knotirra in r°ecorded histor}~ of tlae state Hrcr•r•icane Floyd; arad T•T'HERE~S', Hrtr°r•icane Floyd ha.s clarrtctged or dea•tro~-ecl o~~er• 1 %, 000 hotne,s totaling ot,er- x'400, 000, 000; and I~'HERE~S., people ~~~itli damages contirat.le to apply,forFederalEnterger~cy Illanagerner~tAgeracy assistance; cxnd l~'~IERL'AS, people rrutst also apply to the Srrrall Business Adntiraistratiorr•for• loan assistance arad eligibilit}~ determination for• iradi~%idtaal alacl famih%grants assistance; and N~~IEREAS, applications for' Srrtall BttsinessAdmilaistr~atiora loans Iaai-e been loli~er than expected; and , ,. , ' I~~7-IF.RErLS, inane persons~l~aiie expressed confi~sir~n abor~lt t1~e need to co'naplete a Strrall B7rsiness,~ldnrinirtration I,oara or Inane indicated difficarlt.,~-- rra corrapletiorr ~f'`: papel'11'or'JC:,' , 1~'Oi~'; THEREFORE BE IT RE,SOL ~'ED that the Pitt Cot-Int}~ Bo<7rd: o f Cornmissionet's req~t~tests the North Car~•olina "Division of Ernergeney tl.~~anagenaent tv seek extensions of•llae application decrdline.s far individlcal Federal Emergency A4anagernent .'~ger1C~? C7sSIStC717ce and for' ~Il"lC7ll }311.SI11eS.Sr~G~1111111Str'atloll lUC7rl,s,fi"ant Decerraber 14, 1999 to A-larch 14, ~ 000; BELT FURTHF_R RESOLVF,D that.the Board of'Cotnrrtissiolaers r•egasests other cottntie.s e~fec~ted 1» Hurricane Flo}~d to sztpport tl7i,s recitle,st for extensions of •t17o.se t i~~o ,federal pr-ograrns deadlines. ADOPTED this the 6't' day ofDecember 19.99. 100 ,~ Pitt Coalnt}-~ Board of Contmi.rsioners Susan Bank, CAIC Clerk to tJ~e Board ,~ i :, , ~.~u „~. IZE`SULt.,'I7lJNlV(9. 9y-60 „' , ~, ~ , - , ~ • ~ IZESOLUTIUN, OF THE CITI' GUUNCIL QI' TLI~' CITY" OF GRL'ElUT~7LLE' , .~ . - ~ ` ..: .~ .. . ,., , _ • : ° R. EU ZiESTLVG.E_I~'E~'VSIO?~ OF FErI1 ~ r~NL~ SBA ' _ :4PPLT~ =I TIOIV I~F,~DL.INFS - ~ .. . ...., . .. e .. ~ . ,•.,. , .. .. °• ~ 1~IIEREAS', eastern Nortl1 Carolina and the City ~f Greenville have e~perieiieed• ,, ' ~ _ ° the lai=gest aiid most sigilificaiit natural disaster known in the recorded. history of the ~tat.e .: „: - Hurricane Floyd; • . _ 1~VHEREAS, Hiu'ricane Floyd leas damaged or destioyed~ over - 17;OUO~ h~rnes ~ ` 't~tali,ng over $40,0,000,000 inchiding in excess of 1,7~O,.liomes, ~3-ithil the City of~ - - ~. ', Greenville and its eYtraterritoriaa jurisdictional area; 4. ,. ' Vv'I-IERE ~5, persons who . irtciirred damages continue to apply for Federal ~ ' _ Emergency Managenieiit Agency assistance. lout are also required- to apply to-tl~e Sniall - • - ~.-~ ~ ~ ~ _ ~~ Btrsiaiess Aduii~iiistration for loan assistance and eligibility. deternlination~ for, iiidi~-•idtial ~ ~ ~~ ~ ~~ ,.. acid famrly g-rantsassist~nce .- .. , ~~ , W „~ `\~v`HEl2EAS, applications, for Small Business Achiiiriistratibn loans ••~liave lieen, _ __~ :. , - . - ;:. } : '1'owei' tlrarl ealrected~ and ,. _ ~ , _ • .' - F. . WHEREAS, niaiiy persons have expressed confusion about the need fa=complete . ` a Small Business Administration loan`or have inciicated~difficulty: iri the c~mpletiozr "of - .., . ... . ` .. ... - , , . tiie paper;~~~ork; ., ,. , • ,NOW; THEREFORE, BE IT RESOLVED by the City_ Council i1f the City of ` Crreeii~~ille that it does hereby request the Not'th Carolina Division ~ of. Emergency: • ~~~ ~~Iitti~~igenient ~tq seek e~t'ensioiis of the- application de<tdlinas for individual' Federal ' -- ~ ~ ~~ Emergency IVla.rragemerlt ~r~gency assistance for . Small Business :Ad'mi~iistra.tiou~ loai~rs ~-r ~ ~ ~ ' . : , ~ ~fi~oiir December 14, 1999; to iLlarcll 1~1, 2000, provided that applications srbrnitted prior ~ . to the e:~istiiig application deadline are nQt, delayed dtie to such an eltensioii.~ ' - ~ ~ ., . ~ ~ Tlis the bth day cil'December 1999. .:, , , ,.. . .. t ~ . /Si'Na:ncy hI. Jenkins, .. , . _. .: Nancy M. Jenkins, Mayor : _ ~ ~ . . .. ,. . ,. ..,_ . ~, .. , ., .. ... ., -.:. ~~, - , ` `. , .ATTEST: .. , _ . '.. _ ,.i ,, ,. ' °. ` is/ Wanda. T. `Elks - _ . _..... Wanda'l'. Elks, City Clerk. . ~ : ~ ~ ,;.. - . ., ,; t , .a .~ . ~ ~ _ ~. ~. 101..: . , .. .~ . . .. . ., _ }, '.. " 3 ~ - , - ... _ ~ _ . BOAAD OP COUN7Y COMMISSIONERS NOLAN B. JONES, Chairmnn P.O. Box 9fi Maysville, NC 28555 HORACE B. PHILLIPS. Vice-Ch Y ~`` st^_ , • (H. airman ~ql~ ®~~ ® ~~ 7601 Hwy. 58 North , - v °~y~ '"y-`~' " ~ ~ - Trenton, NC 26585 . ~* ~ `~ _. POS-T OFF1CE=80x: 266 CHARLES BATTLE, JR. P.O. Box i5B ~ - TRENTON, NO~RTH`CAROLINA 28585 - , . Comfort, NC 26522 (252) 448-7571 -~° FAX' (252) 448-1072 SONDRA IPOCKAIGG9 105 Riggstown Rd. Pollocksviile. NC 26573 JOSEPHFWIGGINS , 0 ~ J ~ ~ -, ~ ~ ~~~®~(J ~~®J~ ~ ~ fi01 Richlands Hwy. Trenton, NC 28565 ~~~~~5 ~,~ ~-EiV S~I DN ~F F~A~ i4id ® SSA CCUNTY MANAGER LARRY P. MEADOWS P.O. Box 286 Trenton, NC 28585 COUNTY ATTORNEY CHRIS HENDERSON - P.O. Boz 459 Trenton, NC 26585 CLERK TO THE HOAR D CORA DAVENPORT Po. aox 2sfi Trenton, NC 26585 ~,. I~/HEREAS, eastern North. Carolina has experienced the largest and most , significant natural disaster known in recorded history of the state. -Hurricane Floyd; and WHEREAS; Hurricane Floyd has damaged or destroyed over 17, 000 homes Totaling over $400; 000, 000; and 1~/HEREAS, people with damages continue to apply for Federal Emergency Management.Agencyassfstance; and Vl/HEREAS, people must also apply to the Small Business Administration for loan assistance and eligibility determination ,for individual and family grants assistance; and 4 V1/HEREAS, applications for Small Business Administration loans have been lower than expected; and , Vq/HEREAS, many persons have expressed confusion about the need to ~; . complete a Small Business Administration loan or haue indicated. difficulty in completion of paperwork; ; . r ~ - lVOttV, THEREFORE BE IT RESOLVED that the Jones County Board of Commissioners requests the North Carolina Division of Emergency Management to seek extensions of the application deadlines for individual Federal Emergency Management Agency assistance and for Small Business Administration loans from December 14, 1999 to March 14, X000; BB IT FURTHER RESOLVED that the Board of Commissioners requests other counties effected by Hurricane Floyd to support this request for extensions of those two federal programs deadlines. ADOPTED this 6`h day of December, 1999, - 102 ~ 7 . , orate B. Phillips,. Chairman Cora Davenport, Clerk Board of County Commissioners'' Board of County Commissioners °l