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2000-01-03 RM Exhibits t<. 5: ~9.1 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 available; AND WHEREAS, the 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 ofl current Manufacturer's List Price) Labor (% of Manufacturer's List Price) Design Fee 50% (Orders $75,000 list or less) 4% $50 OO/hour $50,00/hour $50,00/hour 55% (Orders $75 001-$425,000 list) 4% Will be Negotiated (Orders over $425 000 list) 4% 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) 0~ Q. (l.-t. Chairman, Board of County Commissioners ~ / C2S, ~~,.;;I.." RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the use of the TL T Babcock, Inc, wet ash pusher is required in the routine operation of the W ASTEC Facility; AND WHEREAS, the replacement shaft assembly is needed for a scheduled maintenance repair to the existing wet ash pusher; AND WHEREAS, TL T, 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 W ASTEC 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 Environmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to TL T Babcock, 1nc" 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 W ASTEC Facility of the Environmental Management Department, be awarded to TL T 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) -LJ J.O: Q Q~ Chairman, Board of County Commissioners --- <9.. f), c2 q,..3 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY 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 ofa 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 Purchase and 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 WHEREAS, 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: 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 (I) tandem cab & chassis unit be awarded to Navistar I nternational 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, funds and are now in Account 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 of sixty-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) 'L-J~- Q~ Chairman, Board of County Commissioners D2 5 .:< 9, 'f 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 known in recorded histOIY of the state - Hurricane Floyd; and WHEREAS, Hurricane Floyd has damaged or destroyed over 17,000 homes totaling over $400,000,000; and WHEREAS, people with damages continue to apply for Federal Emergency Management Agency assistance; and WHEREAS, people must also apply to the Small Business Administration for 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 14,1999 to March 14, 2000; Adopted this the 3rd day of January 2000 {SEAL) New Hanover County Board ofCoinrhissioners ~'(/~ ~ L\.oe F Harrell, Clerk to the Bo '0~~----G. ~ William A. Caster, Chairman ..:lS C:<'1.S ~':~ -". 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 proiect: Bonds are proposed to be issued in the maxImum principal amount of $45,000,000 for various park, recreation and greenspace projects. 2. Facts regarding necessIty of proposed proiects: The proposed projects are necessary and expedient because present facilities are inadequate to meet the needs In the community now and in the future. 3 Facts supporting the amount of bonds proposed: 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 sufficient 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 rt or 5% ,and such increase is not excessive. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD 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 9 I 59-5 I, and is designated the representative of thIS County for that purpose. C-621952vOl_.13704.00015 " . " STATE OF NORTH CAROLINA) ) COUNTY OF NEW HANOVER ) I, Lucie F. Harrell , Clerk to the Board of COlrumsslOners of the County of New Hanover, DO HEREBY CERTIFY as follows, A meetmg of the Board of CommlsslOners of the County of New Hanover, located 111 the State of North Carolma, was duly held ,Tanllilry 1 , 7000, proper notIce of that meetmg hav1l1g been gIven as requITed by North Carolina statutes, and minutes of that meetmg have been duly recorded 111 the Mmute Book kept by me m accordance with law for the purpose of recording the minutes of the Board. 2. I have compared the attached resolutIon with the resolutIOn so recorded 111 the minutes, and do hereby certIfY that It IS a true and exact copy of the resolutIon adopted by the Board of COIl1l1llssioners on January 3 , 2000,: IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County on January 3 2000 ~'</~~ Cler to the Board of COnnnISSIOners C-6219~2vOl .1370400015 -2- ,~-f I iF' " , ! ~~oii~~ :.:: . ." ',"-'~ .;'~~.~~'.....~"""-"~_...,.__.,__.....~__~_ ~~ .-- ';;'~'-"::"','c.:.;-.o-'-''''''''"""",,,='~~'.:r-'',.,__.......:-_.''' , ~ " ""~':'.,-'-- --;..;....~~~..:"'-..,,~~ .t< s, .;( 9. ~~ AFFIDAVIT OF PUBLICATION STATE OF NORTII CAROLINA, COUNTY OF NEW HANOVER Before the undersigned. a NOlary Public of SAid County and Slate, Notice of Intention to Apply to the Local Governme:nt Commission ,For Approval of Bonds NOTICE ia he;eby given 01 inlen-- lion o! Ihe undervigned to file appli- cahon w~h tho Local Govemmem COmmission, Raleigh, North Caro- lin; lor itll epproval 01 the iasuaOOEl 01 bonds of Ihe County of New Hanovor, which bonds shall be subject 10 approval 01 Ihe vote", of the County at an elactlo:m and lhan be, for the followlIlg purpose and in the lollowing maximum arnourtl: . JULIE JONES who. being duly sworn or affinned. according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina. and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR.NEWS in the City of Wilmington NOTICE OF INTENT APPROVAL OF BONDS ! I ,. i I $45,lXXl,0Cl0 of bonda_ to. pay CllpIInI costs 01 providing park and recreation lacililiGs 000 greenlplloo, indudmg the acqui- lIition and coll6lrudion of new par1I.andrecraation~.the improwmenl aoO expal'l8ion 01 exi6ting par\{ aoomcreation fa cijrties, the acquisition ,of real property and irt10rests \heroin br park and I'OCI03\ion; greenspaoe and,OOll8ervaton pUlpOaeG, and the acquisition and installation of' furnishings and equipment r& quiredthGrel()t . Nry"citimn or,taxpa}oer"of.the County of New HaooVf:Jr objecting b the ilsual\CO of 'any or all of Mid bonds msy",within IJO'V6/l da)' after the dale 01 publication of tIU notice, file---wilh Ihe'".LOcaI Gowmm8nt CoM'tiaion, and:'with ,the .tJ1'Idef" liiigMt!' ll:wiitlen,~emant:setting lorth 'h~ objections. 'The utemant shaTaiet lelth'oach o~~n to, the ~~~~na~-=~:~~ thaPftlBOnf~;ngit. . BOAAD OF COMMissIONERS OF TIiE COUNTY OF NEW tw4OVER, . " . NORTH CAROUNA was insened in the aforesaid newspaper in space, and on dates as follows: 12/10/99 and at the time of sucb publication Wilmington'Sw-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1.597 G.S. of N.C. I I ~;, I I I ! 'I ~j}r.e4/ ~GR. 6th ct~~~::~~A~~' Title Sworn or affmned to, and subscribed before me, this day of ,TAN .l!:O.fQ9---2000 [n Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. . --/~'/~ ~~ My commissioo expires 27 t h day of JULY XiI ..2.!lO 4 Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made. and that the summons has been duly and legally servro on the defendant(s). Th~ day of 19_ MAIL TO: Clerk. of Superior Court .2.,s, :L 9. (0 Resolution of the New Hanover County Board of Commissioners Requesting Assistance by The Honorable James B. Hunt, Jr. In The Timely Funding and Completion of Three Priority Roadway Projects WHEREAS, the New Hanover County Board of Commissioners believes that three transportation improvement projects 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 A venue has not been addressed; and WHEREAS, the following organizations are unified in their support of these projects: City of Wilmington, New Hanover County, Greater Wilmington Chamber of Commerce, Cape Fear Coast Convention & Visitors Bureau, Cape Fear Community College, Committee oflOO, 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; and WHEREAS, the Wilmington City Council will consider adopting a similar resolution requesting the Governor's assistance on these roadway projects at its meeting on Jan'uary 4, 2000. NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners requests 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 the New Hanover County Board of Commissioners requests an opportunity to meet with Governor Hunt, Secretary McCoy and members of the Board of Transportation, to review the importance of these projects within the context of the area's total transportation needs. t)~ Q ~ William A. Caster, Chairman ATTEST ~/ '( /' ~4M.dA C erk to the Board ---- r~{Q:) 1;:","'Il"h~ rJ.. s, c2. 9. 7 A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, a permanent and a temporary construction easement, more specifically shown in Map Book 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 County'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 Commissioners of New Hanover County 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 3,d day of January, 2000 NEW HANOVER COUNTY ,(;)~c.~ William A. Caster, Chairman ATTEST ~V!)/~ C rk to the Board