2009-04-20 RM Exhibitsx
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 . WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145FAX • WWW.NH000V.COM
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
RobertG. Greer, Commissioner. William A. Caster, Commissioner -Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board WIN
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book .X,X!.! Page
RESOLUTION
AWARD OF BID FOR AN INTEGRATED PUBLIC LIBRARY SYSTEM
WHEREAS, after due advertisement, proposals were received by the New Hanover County Library at 4:00 P.M. EST, on
Monday, December 8, 2008, and the following companies submitted proposals to provide a full-featured Integrated Public Library
System; and
Initial Bid
Revised Bid
The Library Corporation (TLC)
$151,410.00
$177,165.00
Innovative
$363,835.00
$179,787.00
Polaris
$257,483.00
$200,898.00
SirsiDynix
$480,121.64
WHEREAS, all of the bids received, with the exception of TLC, were over the $180,000 budgeted for the project; however,
TLC's proposal lacked certain functionalities desired by the County. Therefore, staff contacted all vendors except SirsiDynix,
whose bid was considerably over budget, and requested that certain functionalities be eliminated from their proposals and replaced
with those that were pertinent and most beneficial to the County and to submit revised bids; and
WHEREAS, the three (3) remaining vendors submitted revised proposals and were invited to make presentations to County staff,
and
WHEREAS, TLC submitted the most comprehensive and all-inclusive proposal at the lowest overall cost; and
WHEREAS, staff overwhelmingly recommends award to TLC for some of the reasons detailed below:
• Lowest overall cost of software
• Lowest annual maintenance cost; savings of over $14,000 in current annual maintenance charges
• Proposal included all requested features and services within budget
• Best online catalog presence
• Best acquisitions and cataloging features
• Authority control at no additional cost; and
WHEREAS, there are sufficient funds available to complete this project budgeted under account # 11070100 800200 G0073; and
WHEREAS, at the request of staff, TLC's proposal included the cost of $12,500 for the digital content featurethat will be
provided by a third party vendor which is Online Computer Library Center, Inc. (OCLC).
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that contracts be awarded to
TLC in the amount of $164,665 for the Integrated Library System and to OCLC in the amount of $12,500 for the Digital Content
feature of the Integrated Library System for a total of $177,165 and that the County Manager is hereby authorized and directed to
execute the contracts, contract form to be approved by the County Attorney.
ADOPTED this the 20th day of April, 2009.
NEW HANOVER COUNTY
\1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 17 5 -WILMINGTON, NC 28403
(910) 798-7149 • (910) 7.98-7145 FAX • WV W.NH000','.COM
Ted Davis, Jr., Chairman Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner William A. Caster, Commissioner Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS EAU
RESOLUTION Books Page cl,
AWARD OF BID FOR INMATE COMMISSARY SERVICES
WHEREAS, after due advertisement, proposals were received by the New Hanover County Sheriff's Office at 3:00 P.M. EST,
on Wednesday, November 26, 2008, and the following companies submitted proposals to provide Inmate Commissary Services
at the County's Detention Facility; and
COMMISSION
DELIVERY
FEES
Other Comments
McDaniel
30.5%
Twice
$2.00 transaction fee
Owns lobby kiosk and Software/ Provide 50
Weekly
free indigent packs per week
Swanson
25%
Twice
Not stated/ TBD by
NHC to pay Swanson $1,167.83 for 60 months
Services
Weekly
Swanson
forequipment
Oasis
35.4%
Once Weekly
$2.75
Do not own kiosk software or hardware
/provided by NCR
Twice
31%
Weekly
Keefe
30.5%
Once Weekly
Credit/Debit $2.95-
Do not own lobby kiosks /Deposit fees are set
10.95
by Cybersuite and are high
Depending on amount
deposited
Canteen
25%
Once Weekly
Credit/Debit $3.95-
Do not own lobby kiosks/Fees are high
$19.00
WHEREAS, staff reviewed all proposals and invited three of the five vendors McDaniel, Keefe, and Canteen to present their
services for further review to County staff, and
WHEREAS, after careful consideration, staff recommends that the contract be awarded to McDaniel to provide the inmate
commissary services due to:
1. Lowest transaction fees
2. Vendor owns hardware and software/no third party to deal with
3. Vendor provides 50 free indigent packs per week
4. Vendor better able to tailor software to meet the County's needs
5. Vendor takes pictures of individuals using kiosks; and
WHEREAS, there is no cost to the County for the award of this contract and vendor will pay the County a commission fee of 30.5%
of net sales.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract to provide
inmate commissary services to the County's Detention Facility be awarded to McDaniel Supply Company and that the County
Manager is hereby authorized and directed to execute the contracts, contract form to be approved by the County Attorney.
ADOPTED this the 20"' day of April, 2009.
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Ted Davis, Jr., Cha an
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Sheila L. Schult, Clerk to the Board
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AGENDA: April 20, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-214
Exhibit
Book Page
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-214 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff's Office/Support Services/Uniform Patrol/Detectives/Administration
Expenditure:
Decrease
Increase
Sheriffs Office/Su ort Services:
Salaries and Wages
$1,204
Sheriff s Office/Uniform Patrol:
Salaries and Wages
13,374
-Training and Travel
4,704
Supplies
1,488
Sheriffs Office/Detectives:
Salaries and Wages
6,272
Sheriff s Office/Administration:
Supplies - Fuel and Other
337
F
Total
79
$27.3
Revenue:
Decrease
Increase
Sheriffs Office/Administration:
Miscellaneous Revenue
$27,379
Total
$27,379
Section 2: Explanation
To budget receipt of funds for reimbursement of expenses incurred by the Sheriffs Office to
provide security for the inauguration of President Obama in Washington, DC.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-214, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this add day of 12009.
ail-
Ted Davis, Jr., Chai
AGENDA: April 20, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-215
Exhibit
Book &WILPage 9 . 6
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-215 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Uniform Patrol/Administration
Ex enditure:
Decrease
Increase
Sheriff's Office/Uniform Patrol:
Overtime Pa
$5,000
Total
$5,000
Revenue:
Decrease
Increase
Sheriff's Office/Administration:
School Sports Funds to Sheriff
$5,000
Total
$5,000
Section 2: Explanation
To budget receipt of greater than anticipated funds to provide security at local school events.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-215, amending the annual
budget ordinance for the fiscal year end' June 30, 2009, is adopted.
QTY . Adopted, this day of
!IS 2009.
Ted Davis, Jr.,- Chairm~nl
erk to
AGENDA: April 20, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-58
Exhibit
Book Xg It Page
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-58 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Property:
Supplies
$21234
Total
$21,234
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property
$21,234
Total
$211234
Section 2: Explanation
To budget receipts for 3/9 and 3/31/2009. Federal Forfeited Property funds are budgeted as
received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-58, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
vNTY ted, this a~k day of 12009.
O LS C~
O
r f)
all - a
Ted Dav s, Chair
to
Exhibit
t.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Resolution Recognizing GE Hitachi Nuclear Energy
for the Preservation of Rose Hill Plantation
11 Pana 9 . S
WHEREAS, GE Hitachi Nuclear Energy, under the direction of its President and CEO, Jack
Fuller, set forth with the Lower Cape Fear Historical Society to research, document, and
preserve the historical elements of the Rose Hill Plantation; and
WHEREAS, GE Hitachi Nuclear Energy cooperated with the North Carolina Department of
Cultural Resources, Division of Archives and History, Underwater Archaeology Unit to
investigate, document, and preserve artifacts from the Rose Hill shipwreck which dates back to
the colonial period and is presently the second oldest shipwreck located in North Carolina
waters; and
WHEREAS, GE Hitachi Nuclear Energy collaborated with the Lower Cape Fear Historical
Society to identify the boundaries and grave sites of the Rose Hill Plantation Cemetery through
the talents of the Brunswick Search and Rescue Forensic Canine Unit and the South Carolina
Search Dogs as well as through the science of ground-penetrating radar; and
WHEREAS, GE Hitachi Nuclear Energy constructed a period fence made of cypress and
imported British steel to protect and delineate the cemetery; and
WHEREAS, GE Hitachi Nuclear Energy erected a historical sign marker memorializing the past
inhabitants of Rose Hill Plantation; and
WHEREAS, GE Hitachi Nuclear Energy has identified and mapped several other historical sites
including the Rose Hill Plantation house; probable location of slave quarters; colonial era
brickyard; cattle dipping pit; and infantry trench.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
Commissioners recognizes GE Hitachi Nuclear Energy for its outstanding stewardship in the
preservation of local area history.
ADOPTED this the 20th day of April 2009.
~r
NEW HA VER %UNTY
Ted Davis, Jr., Chai an
ATTEST: p
Sheila L. Schult, Clerk to the Board
Exhibit
Book XXX I page,
V\°rfIf 0Ej ~Ki( ~tti~ \4 of Ald
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS /
THE WEEK OF THE YOUNG CHILD
PROCLAMATION 5 /!f '
WHEREAS, Smart Start of New Hanover County, in conjunction with the National
Association for the Education of Young Children, is celebrating The Week of the Young a,,
Child April 19-25, 2009, the theme of which is "Bring Communities Together for Children-"
Children Bring Communities Together;" and Mfr, ~t r
WHEREAS, since 1997, as a private/public non-profit corporation, Smart Start of New y Hanover County has provided support to community members, agencies, businesses, schools
and child care facilities for health access and information, family support services, and access
\0 : to affordable, safe, and high quality early care and education in Wilmington; and /f, rte,
?r. " WHEREAS, science clearly shows that the foundation for a child's capacity to learn is mostly
t established in the first three years of life, through meaningful experiences and nurturing
t interactions; and
r WHEREAS, we, as adults, are behavioral models and can teach our children, from the earliest
age, the skills to handle conflict in a peaceful manner, and we know this to be a most effective
form of violence prevention; and
WHEREAS, our community's future social and economic prosperity depends on the quality
of early childhood experiences provided to our youngest children today, and high quality early
care and education services represent a worthy societal commitment and investment.
1r. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
ai Commissioners that the week of April 19-25, 2009 be recognized as "The Week of the Young r
Child" in New Hanover County.
} ADOPTED this the 20th day of April, 2009.
NEW HANOVER COUNTY
Ted Davi Jr., Ch ' an
AT EST:
I~ J
Sheila L. Schutt, Clerk to the Board /r f
a_,."' `rte
`tf('~Y V
Exhibit
Book ?-(X. Page
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
N € THE 26`h ANNUAL NATIONAL TOURISM WEEK
PROCLAMATION
r u
€ WHEREAS, in the United States:
€ • Travel to and within the United States provides significant economic benefits for the nation,
generating millions of jobs and billions in taxes.
• The travel industry ranks as the fifth largest employer with 7.7 million direct travel-generated
4 jobs. Travel is among the top 10 industries of 49 states (including the District of Columbia) _ A
when measured by employment.
• Travel can serve as a catalyst to help move the national economy forward.
• Last year, spending by domestic and international visitors in the U.S. averaged $2 billion a
E _ a
E day.
• Travel contributes to personal growth, health, professional advancement, education, cultural
understanding and the enhancement of America's image around the world.
E • Meetings, events and incentive travel are core business functions that help companies to
strengthen business relationships, align and educate employees and customers, and reward
business performance; and
WHEREAS, in North Carolina:
• Travel and tourism is among the state's fastest growing industries.
• In 2007, domestic travelers spent more than $17.1 billion in North Carolina; and
WHEREAS, in New Hanover County:
• Travel and tourism is an important economic generator that infuses millions of new dollars
into our local economy each year, thereby benefiting all citizens by making New Hanover
County a better place to live, work and visit.
€ • In 2007, the economic impact of tourism was estimated at $426.08 million, ranking New
Hanover County as 98 among North Carolina's 100 counties in tourism expenditures.
• Travel and tourism provided more than 5,670 jobs and supports a payroll of $99.17 million.
• Travel and tourism generated approximately $37.05 million in state and local tax receipts,
representing a $194.56 tax savings to each county resident.
E • Travel can serve as a catalyst to help move the local economy forward.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 9-17, 2009 be recognized as "National Tourism Week" in New Hanover County.
ADOPTED this the 20"' day of April, 2009.
NEV~HA VER TVY
Ted Davis, , Chai n
T ST:
Shei a L. Schult, Clerk to the Board
"SAAR WON
IJI
Exhibit
Book .XXX.J. Page
_ '713 ~~,•'Y - .~~_.:,K
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
I
BICYCLE AWARENESS MONTH
PROCLAMATION
'4s WHEREAS, the New Hanover County Board of Commissioners is steadfastly committed to the 6 s „
E' promotion of safe and convenient bicycling for both transportation and recreation; and
WHEREAS, New Hanover County is committed to promoting the safe use of bicycles on the County's
E
roads, sidewalks and trail ways; and
1 ~f
E WHEREAS, education about bicycle safety and maintenance will encourage children and adults to
E operate their bicycles in a safe manner on all bicycle and shared access facilities; and =
{
f . € WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic j
congestion and ensuring a clean and healthy environment for its citizens; and
gw e
WHEREAS, a Bike Friendly community is committed to:
1. Good roads: streets that can be shared by bikes and cars safely and conveniently. -i '
Ps,
t° w, 2. Bicycle paths and trails: paved and unpaved routes where youth and casual riders can bicycle r
' E comfortably and safely. ?
" 3. Safety conscious bicyclists: educated and experienced riders of all ages, who share the road = t
safely and confidently, obeying all traffic regulations.
af.I 'f
` 4. Safety conscious motorists: drivers who are alert to bicyclists and share the road with them.
a = 5. Well-planned neighborhoods: neighborhoods that are conveniently linked to promote bicycle
travel between homes, schools, stores, libraries, recreational and sports facilities, churches,
€ beaches, and workplace destinations; and traffic regulations and other controls that calm traffic 1~zla
in residential and other areas frequented by children on bicycles.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 2009 be recognized as "Bicycle Awareness Month" in New Hanover County and that New
Hanover County is Bike Friendly and will continue to promote safe cycling opportunities for New
Mii ' r Hanover County citizens throughout the year.
ADOPTED this the 200i day of April, 2009. A
NEW HAN VER 7TY ,
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' Ted Davis, r., Cha' n
TTESTt:
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tzlj Sheila L. Schult, Clerk tot e Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145 FAX' WWW.NH000V.COM
Ted Davis, Jr., Chairman -Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner William A. Caster, Commissioner Jonathan Barfiel I Jr h o ibwmissioner
9.9
Sheila L. Schult, Clerk to the Board Book . ._.~X., 1Page,, ,
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION
WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR
APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS,
THE CONVERSION OF VARIABLE RATE HOSPITAL REVENUE BONDS TO A
FIXED RATE OF INTEREST SUBSEQUENT SALE THEREOF AND CERTAIN
RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North
Carolina (the "County") has determined that it is advisable to provide for the current refunding of all
or a portion of the Series 2006 Bonds and/or convert all or a portion of the Series 2006 Bonds to a
fixed rate of interest in order to exit from the auction rate bond mode;
WHEREAS, the Series 2006 Bonds were issued to finance capital improvements to New Hanover
Regional Medical Center (the "Hospital"), all as described in the County's Official Statement related
to the Series 2006 Bonds (the "2006 Project");
WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the
County Attorney of the County to apply to the Local Government Commission of North Carolina for
its approval of the issuance of hospital revenue refunding bonds (the "Refunding Bonds") to refund
all or a portion of the Series 2006 Bonds and/or the conversion of all or a portion of the Series 2006
Bonds to a fixed rate of interest and to take all other action necessary in connection therewith;
WHEREAS, the Board considered and recognized that variable interest rate debt instruments subject
the County to the risk of higher interest rates in the future, that the rates may be higher than the fixed
rates that are currently available to the County, and that in addition to the variable interest cost, the
County must pay the fees of Branch Banking and Trust Company, as credit facility provider, and
Merrill Lynch, Pierce, Fenner & Smith Incorporated and RBC Capital Markets Corporation, as
remarketing agents, which fees may increase the variable interest cost by 1.15%;
WHEREAS, the Board desires to retain Merrill Lynch, Pierce, Fenner & Smith Incorporated and
RBC Capital Markets Corporation, as co-senior managing underwriters and as remarketing agents,
Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan,
LLP, as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice,
PLLC, as underwriters' counsel, Branch Banking and Trust Company, as credit facility provider for
the Refunding Bonds, Moore & Van Allen, LLP, as counsel to the credit facility provider, and First-
Citizens Bank & Trust Company, as trustee, tender agent and escrow agent.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County, as
follows:
Section 1. That the County Manager, the Finance Director and the County
Attorney of the County are hereby authorized, directed and designated to file an application with the
Local Government Commission for its approval of the issuance by the County of the Refunding
Bonds and the conversion of all or a portion of the Series 2006 Bonds to a fixed rate of interest and
subsequent sale thereof.
Section 2. That the Board finds and determines and asks that the Local
Government Commission find and determine from the County's application and supporting
documentation:
(a) That the issuance of the Refunding Bonds and the conversion of all or a
portion of the Series 2006 Bonds and subsequent sale thereof are necessary
and expedient;
(b) That amount of the Refunding Bonds will be sufficient but is not excessive
for the refinancing of capital costs related to the 2006 Project;
(c) That the refinancing of capital costs related to the Project, the issuance of the
Refunding Bonds and the conversion of all or a portion of the Series 2006
Bonds to a fixed rate of interest and subsequent sale thereof are feasible;
(d) That the County's debt management procedures and policies are good; and
(e) That the Refunding Bonds and the Fixed Rate Bonds can be marketed at a
reasonable interest cost to the County.
Section 3. That the Chairman and Vice Chairman of the Board, the County
Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby
authorized to do any and all things necessary to effectuate the issuance of the Refunding Bonds
and/or the sale of the Fixed Rate Bonds.
Section 4. That Merrill Lynch, Pierce, Fenner & Smith Incorporated and RBC
Capital Markets Corporation, as co-senior managing underwriters and as remarketing agents, Dewey
& LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, as
counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as
underwriters' counsel, Branch Banking and Trust Company, as credit facility provider for the
Refunding Bonds, Moore & Van Allen LLP, as counsel to the credit facility provider, and First-
Citizens Bank & Trust Company, as trustee, tender agent and escrow agent, shall be retained.
Section 5. That the Local Government Commission is hereby requested to sell the
Refunding Bonds with a variable interest rate and the Fixed Rate Bonds at private sale without
advertisement to any purchaser or purchasers thereof, at such prices as which the Local Government
Commission and the Board determine to be in the County's best interest in accordance with. the
provisions of Section 159-123(b) of the General Statutes of North Carolina, as amended.
Section 6. That the distribution of preliminary official statements related to the
Refunding Bonds and the Fixed Rate Bonds is hereby authorized.
Section 7. That this Resolution shall become effective on the date of its adoption.
Adopted this the 2Wh day of April, 2009.
NEW HANOVER COUNTY
l-~ " -
Ted Davis, Jr.
Chairman
ATTEST:
' Ai I t C~ III
Sheila L. Schult, Clerk to the Board
~NTY-
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 . WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145 FAX -WWW.NH000V.C0M
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book .ZC1~C., ~ 1 Page q
Resolution in Opposition to Senate Bill 1013,
Also Known as Citizens Right to Know Act/Pretrial Release
WHEREAS, New Hanover County operates the model pretrial release program in North Carolina; and
WHEREAS, Senate Bill 1013 would require every pretrial release program to compile a weekly register of
detailed information on each person who is approved for participation and maintain that register at the Clerk of
Court's office; and
WHEREAS, critical information about program participants is already available in the New Hanover County
Pretrial Release office; and
WHEREAS, all program information maintained by New Hanover County Pretrial Release staff is done within the
value system of transparency and accountability; and
WHEREAS, Senate Bill 1013 would have the practical impact of creating undue burden and redundant reporting
requirements for the New Hanover County Pretrial Release program; and
WHEREAS, an estimated one-third or more program participants could be lost because of these additional and
unnecessary administrative reporting requirements; and
WHEREAS, a reduction in program participation of one-third would mean on average that 412 defendants return
to the detention center throughout a year costing New Hanover County an additional $2,403,866 in detention center
costs; and
WHEREAS, the North Carolina Sheriffs' Association has publicly stated its opposition to Senate Bill 1013
because it recognizes the negative consequences to pretrial release programs across the state.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners opposes
Senate Bill 1013 because it will create burdensome and duplicative reporting requirements for the New Hanover
County Pretrial Release program likely resulting in program participation reductions of one-third or more resulting
in likely detention center costs of $2,403,866; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners hereby calls upon the
New Hanover County Legislative Delegation to oppose Senate Bill 1013 and any similar legislation.
ADOPTED this the 20"' day of April 2009.
NEW N ER COUNTY
Qr
Ted Davis, X., Chairhid
ATTEST-
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145FAX • WWW.NH000V.C0M
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner
Sheila L Schutt, Clerk to the Board Exhibit
Book 2L;_KM Page ,9. 11 a,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Resolution in Opposition to Senate Bill 1026 and House Bill 887,
Also Known as Local Government Tort Claims Act
WHEREAS, Senate Bill 1026 and House Bill 887 waive local government immunity and
broadens the definition of proprietary functions for which local government can be held liable; and
WHEREAS, under current law, counties can choose to waive their governmental immunity
through the purchase of liability insurance; and
WHEREAS, Senate Bill 1026 and House Bill 887 eliminate the choice and prohibits
administrative resolution of any claims greater than $25,000 unless reviewed and approved by the
court; and
WHEREAS, Senate Bill 1026 and House Bill 887 establish a cap of $1 million per person,
per occurrence for awards, but exempts from that limitation damages and claims that arise out of the
exercise of proprietary functions. Senate Bill 1026 redefines proprietary functions to include more
functions than are currently considered proprietary; and
WHEREAS, the effect of Senate Bill 1026 and House Bill 887 would be to increase the
number of cases that will go to trial, result in fewer cases being resolved through local administrative
processes, and would increase personnel and insurance costs for counties.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners opposes Senate Bill 1026 and House Bill 887 and encourages the North Carolina
General Assembly to oppose its adoption.
ADOPTED this the 20'b day of April 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., Ch ' an
ATTEST:
q'LL _`~Alkv
Sheila Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145 FAX • WWW.NH000V COM
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner- Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board Exhibit
Book XXX LI.Page .116
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Resolution in Opposition to House Bill 1434 and Senate Bill 996,
Also Known as Repeal Combined MV Registration/Tax System
WHEREAS, in 2004 the North Carolina General Assembly approved a combined motor
vehicle registry/property tax collection program to facilitate collection of property tax; and
WHEREAS, when fully implemented, the combined motor vehicle registry/property tax
collection program will collect taxes, including current year tax, at the time of annual vehicle
registration renewal; and
WHEREAS, said combined programs may potentially raise collection well over the less than
90% rates prevailing under the arrears only collection approach; and
WHEREAS, House Bill 1434 and Senate Bill 996 would repeal the desirable combined
motor vehicle registration program prior to its full implementation; and
WHEREAS, House Bill 1434 and Senate Bill 996 would result in lower collection rates and
greater collection costs and labor expenditures for counties; and
WHEREAS, the North Carolina Association of County Commissioners opposes House Bill
1434 and Senate Bill 996 and designates the collection issue "high priority."
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners asks that the North Carolina General Assembly oppose the proposed legislation.
ADOPTED this the 20'h day of April 2009.
)ARWIN
NEW HANOVER COUNTY
P,4w(j~,
Ted Davis, Jr., Chairman
T 7T.
A.
Sheila Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145 FAX • WWW.NH000V.COM
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner- William A. Caster, Commissioner-Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board Book WIN
Book AAX I_( Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Resolution in Opposition to Senate Bill 178,
Also Known as Repeal Ban G.S. 95-98
WHEREAS, existing State law prohibits collective bargaining agreements between
governmental units, labor unions and organizations; and
WHEREAS, such prohibitions preserve the rights and privileges accorded governments to
provide public services through government employees without having to negotiate with third parry
entities; and
WHEREAS, Federal and State courts have upheld the constitutionality of the State to
exercise its sovereign powers and elect not to negotiate or contract with labor organizations; and
WHEREAS, Senate Bill 178 would remove the right of the State and its political
subdivisions and municipalities to decline to engage in collective bargaining; and
WHEREAS, the North Carolina Association of County Commissioners opposes Senate Bill
178.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners asks that the North Carolina General Assembly oppose the proposed legislation.
ADOPTED this the 20ffi day of April 2009.
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NEW HAN VER COUNTY
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Ted Davis, r., Chairman
ATTEST:
Sheila Schult, Clerk to the Board