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HomeMy WebLinkAbout2005-05-16 RM Exhibits k::'M- ::z...q -:2-1 I RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, one bid was received and publicly opened by the Finance Department at 3:00 p.m., on the 26th day of April, 2005 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following per meal bid was received for Nutrition Services for the Department of Aging, Bid # 05-0234 400 Meals 450 Meals 500 Meals 550 Meals 600 Meals per Day per Day per Day per Day per Day Newbold's Carolina BBQ $2.59 $2.59 $2.59 $2.59 $2.59 & Seafood, Inc. AND WHEREAS, the Directorof Aging, the Finance Director, and the County Manager recommend that the contract be awarded to Newbold's Carolina BBQ & Seafood, Inc., the only responsible bidder, at the per meal price of $2.59' AND WHEREAS, funds will be appropriated in next year's budget 111 Account No. 110-582 5823-2000-3700 and 110-582 5824-2000-3710 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Nutrition Services for the Department of Aging, Bid # 05-0234 be awarded to Newbold's Carolina BBQ & Seafood, Inc. at the per meal price of $2.59; and that the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 16th day of May, 2005 (SEAL) ~~ Chairman, Board of County Commissioners ATTEST ~ \~,\. '-- ~~\ \. Clerk to the Board (" , ~tI-. "Rib "J.,q :2.. I ~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the County's Recycling Facility has been leasing a baler for the last five years to crush recyclable board and paper that is then marketed for fibre and sold for revenue; AND WHEREAS, the existing lease did not have an option to purchase the equipment and will expire on July 30, 2005; AND WHEREAS, a request for proposals was done to establish a new contract with a lease to purchase option to enable the County to retain ownership at the end of the contract term; AND WHEREAS, proposals were received from the following companies: Carolina Fibre Corporation, Greensboro, North Carolina TFC Recycling, Durham, North Carolina Recycle America Alliance, Raleigh, North Carolina Tri-State Process Equipment. Inc.. Monroe, North Carolina AND WHEREAS, Tri-State Process Equipment, Inc. took exception to two major components of the request for proposal and therefore made their bid non-responsive; AND WHEREAS, Recycle America Alliance proposed a machine that was much smaller than the machine currently in use and though the machine was technically adequate, the proposal offered was the least advantageous to the Recycling Program and offered the lowest sales proceeds to the CountY' AND WHEREAS, Carolina Fibre Corporation and TFC Recycling provided complete. detailed proposals alTering services and support as requested; AND WHEREAS, further detailed financial analysis and evaluation detennined that though both proposals were close on the percentage of sales returned to the County TFC required a minimum $5.00 payment per ton if their 5% portion was less than $5.00 and due to the fluctuating nature of the market this could substantially reduce the County's portion of the sales proceed with TFC's proposal; AND WHEREAS, Carolina Fibre Corporation proposal ofa 7% fee with no minimum provides greater potential for revenue in periods of a low fibre market; AND WHEREAS, based on the past five year history at the County Recycling Facility along with pricing projections from industries, it is projected that the sales will offset the monthly payments during the duration of the lease and at the end ofthl: lease, the County will own the baler; AND WHEREAS, the Solid Waste Planner, the Environmental Management Director, Finance Director, and the County Manager recommend that the lease purchase contract # 05-0232 for a baler for the Recycling Facility be awarded to Carolina Fibre Corporation and authorize the County Manager to execute the contract; AND WHEREAS, next year's budget will be adjusted for recording of lease for equipment, revenue received, payments to be made. and any other action not inconsistent with this resolution; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that: I) the lease purchase contract # 05-0232 for a baler for the Recvcling Facility be awarded to Carolina Fibre Corporation and authorize the County Manager to execute the contract; and 2) authorize staff to adjust next year's budget for recording of lease for equipment, revenue received, payments to be made. and any other action not inconsistent with this resolution. This 16th day of May, 2005. (SEAL) 1JJ~ Chainnan, Board of Count V Commissioners A~\.\~ \.. ~rL\\ Clerk to the Board ~3 ~ Rl::l-~9~13 . RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover County is a coastal community lying between the Atlantic Ocean, the Cape Fear River, and the Northeast Cape Fear River; AND WHEREAS, coastal communities are subject to be struck by natural disasters including, hurricanes, tornadoes, floods, and ice storms; AND WHEREAS, New Hanover County has a recent history of being struck by eight named hurricanes since 1996, AND WHEREAS, the Board of Commissioners are responsible for the safety and welfare of the citizens of New Hanover County; AND WHEREAS, debris from natural disasters may jeopardize the safety and welfare of the citizens and negatively effect the economy of New Hanover County. AND WHEREAS, the New Hanover County Department of Environmental Management has been delegated the responsibility of solid waste management to include the removal of debris caused by natural disasters; AND WHEREAS, to expedite the recovery from a natural disaster by removing debris in as timely a manner as is feasible, the Department of Environmental Management has requested that a preposition contract be in place to secure contracted services for debris removal; AND WHEREAS, in accordance with normal purchasing procedures, a Request for Proposals was duly advertised and bids were received and read on Tuesday April 26, 2005 for debris removal in the event of a natural disaster' AND WHEREAS, bids were received as follows: Bidder Construction/Demol ition Vegetative Debris Debris Coastal Plains Recoverv $11.25/cubic vard $ 8.78/cubic vard SRS, Inc. $11.50/cubic vard $ 9 45/cubic yard DRC, Inc. $19.87/cubic vard $11.87/cubic yard TFR, Inc. $30.00/cubic vard $18.00/cubic vard Crowder Gulf $16.00/cubic vard $13 .50/cubic vard D&J Enterorises $ 9 40/cubic vard $ 7.80/cubic vard Omni Pinnacle $13.50/cubic vard $11.95/cubic yard Phillios & Jordan $12.43/cubic vard $ 9 47/cubic vard Tarheel Snecialties, Inc. $ 8.36/cubic vard $ 6.40/cubic vard AND WHEREAS, Tarheel Specialties, Inc. of Linden, North Carolina is the apparent low bidder AND WHEREAS, it is the desire of the Board of Commissioners and the Department of Environmental Management to have a preposition contract in-place to activate in the event that a natural disaster should strike New Hanover County. tv fI.- ;, AND WHEREAS, no funds will be expended for this contractual arrangement until such time as a Notice to Proceed is authorized by the Board of Commissioners in response to a natural disaster; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that preposition contract Number 05-0292 for the removal of debris caused by a natural disaster be awarded to Tarheel Specialties, Inc. of Linden, North Carolina, and that the County is hereby authorized and directed to execute said contract, contract form to be approved by the County Attorney This the 16th day of May 2005 ATTEST ~Ll9..VE~OUNTY / I(O/~ Robert G. Greer, Chairman Board of County Commissioners ~\u\~ \. ~ok\\ Sheila L. Schult, Clerk to the Board I<~ 29 ;z., I Lt RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover County Fire Services has the following itemized equipment valued at $8,120.00 and the said equipment is currently insufficient for Fire Service's operation: Item Description: Serial # FA# Value Scott Air-Pak 4.50 AP-O I 79900024 014042 $600 00 Scott Air-Pak 4.50 AP-02 79900043 014043 $600.00 Scott Air-Pak 4.50 AP-03 79900008 014044 $600.00 Scott Air-Pak 4.50 AP-04 79900007 014045 $600.00 Scott SKA-PAK Escape Packs AP-13 89010009 015099 $400.00 Scott SKA-PAK Escape Packs AP 14 89010073 015098 $400 00 Scott SKA-PAK Escape Packs AP-15 89010023 015097 $400.00 Scott SKA-PAK Escape Packs AP-16 89110015 015094 $400.00 Scott SKA-PAK Escape Packs R-411 99600020 N/A $400.00 Scott SKA-PAK Escape Packs R-412 99100011 N/A $400.00 Scott 4500 psi AB-OI ALT-695-492 N/A $400.00 Scott 4500 psi AB-02 ALT-695-518 N/A $400 00 Scott 4500 psi AB-03 AL T-695-506 N/A $400.00 Scott 4500 psi AB-04 AL T -695-503 N/A $400.00 Scott 4500 psi AB-05 ALT-695-531 N/A $400.00 Scott 4500 psi AB-06 AL T-695-502 N/A $400.00 Scott 4500 psi AB-07 AL T-695-494 N/A $400.00 Scott 4500 psi AB-08 ALT-695-497 N/A $400.00 Scott A V 2000 SCBA Masks (6 assorted sizes) N/A N/A $120.00 Total Value: $8,120.00 {(p AND WHEREAS, the Calabash Volunteer Fire Department has a 2001 Covered Fabric Inflatable Boat ID # XDC6092NBI0l, a Motor ID # 792379801073, a Trailer ID# IM5BB141111E55285 and a Pump ID# 00110949, that is currently insufficient for the Calabash Volunteer Fire Department's operation and the sum of all items is valued at $6,000.00; AND WHEREAS, pursuant to General Statute 160A-274, the County and the Calabash V olunteer Fire Department desire to exchange equipment and in addition to the equipment exchange Calabash Volunteer Fire Department will pay New Hanover County Fire Services $2,12000; AND WHEREAS, Budget Amendment # 05-0202 is part ofthis agenda item and is necessary to budget proceeds from the exchange and budget the acquisition value of the assets received, AND WHEREAS, pursuant to General Statute 160A-274, the County Board of Commissioners is authorized to approve such transfer upon such terms and conditions as it deems wise, with or without consideration; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that: I) the various aforementioned surplus New Hanover Fire Services equipment with a total value of$8,120.00, be exchanged with the Calabash Volunteer Fire Department for equipment totaling $6,000.00 and additional monetary consideration of $2, 120 00 for a sum total value of $8, 120.00; and 2) the Calabash Volunteer Fire Department equipment consists ofa 2001 Covered Fabric Inflatable Boat ID # XDC6092NBI0l, a Motor ID # 792379801073, a Trailer ID# IM5BB141111E55285, a Pump ID# 00110949 with a total sum value of$6,000.00 and the monetary payment shall be $2,120.00;and 3) Budget Amendment # 05-0202 to budget proceeds from the exchange and acquisition value of the assets received; and 4) that the County staffis directed to process any required documents to consummate the transaction. This 16th day of May, 2005 (SEAL) Chairman, Board of County Commissioners ATTEST ~k\r\, \ ~0 \..~ I. Clerk to the Board l<.:\:h ~ 9 .:2...1 S- '. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, network gear used within an operations computer infrastructure should be replaced on a five-year schedule to maintain a stable computer environment; AND WHEREAS, some components within the County's operating environment are greater than five years old and need to be replaced; AND WHEREAS, funds were budgeted in the Information Technology's current operational budget to handle the needed upgrade through an operational lease; AND WHEREAS, further detailed financial analysis determined that an installment financing transaction to be more advantageous to the County; AND WHEREAS, the items needed, in an amount of two hundred forty-six thousand, nine hundred twelve dollars and seventy cents ($246,912.70) are being purchased through contract # 05-0115, a two-year term contract previously approved by the Board of Commissioners October 18, 2004, AND WHEREAS, pursuant to the requirements of the United States Treasury Regulations Section 1 I 03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing; AND WHEREAS, proposals for financing have been received as follows: Lending Institution Proposed Interest Rate Bank of America 3.27% BB&T 3.87% Cisco Systems 3.92% Wachovia 3.98% AND WHEREAS, the Information Technology Director, the Finance Director and the County Manager recommend the financing be awarded to Bank of America, at a fixed rate of 03.27% for a fifty-nine (59) month term, in the amount of two hundred forty-six thousand, nine hundred twelve dollars and seventy cents ($246,912.70); AND WHEREAS, attached as part of this resolution is budget amendment # 05-0206 which budgets the proceeds from the financing in the amount of two hundred forty-six thousand, nine hundred twelve dollars and seventy cents ($246,912.70) and transfers the amount needed for the first C /() ... debt service payment of twenty-six thousand, six hundred fourteen dollars ($26,614.00) from the Information Technology budget to the installment financing budget for fiscal year ending June 30, 2005 AND WHEREAS, funds budgeted in next year's budget for this purpose will be moved from the Information Technology budget to the installment financing budget to provide for debt service payments; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that: I) budget amendment # 05-0206 which budgets the proceeds from the financing in the amount of two hundred forty-six thousand, nine hundred twelve dollars and seventy cents ($246,912.70) and transfers the amount needed for the first debt service payment of twenty-six thousand, six hundred fourteen dollars ($26,614.00) from the Information Technology budget to the installment financing budget for fiscal year ending June 30, 2005 and 2) the financing agreement with Bank of America is approved and the County Manager, the Finance Director, the County Attorney and their designated staff are hereby authorized and directed to act on behalf of the County of New Hanover in regard to the execution of the financing agreement and other actions not inconsistent with this resolution; and 3) the reimbursement clause as required by the United States Treasury Regulations Section 1 1 03-8 is adopted in regards to the financing of this acquisition. This 16th day of May, 2005 (SEAL) /flU!J~ Chairman, Board of County Commissioners ATTEST ~\~~\r.. \..~c >'-h\~ Clerk to the Board l<.. H- :L ~ :L 1 Co A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County prisoner medical costs adversely impact budgeting and expenses for New Hanover and other counties; and WHEREAS, House Bill 1402 would cap prisoner medical expenses at a rate not to exceed the cost permitted in workers compensation cases; and WHEREAS, House Bill 1402 could potentially save New Hanover and other counties millions of dollars annually NOW, THEREFORE, BE IT RESOLVED THAT New Hanover County endorses House Bill 1402, an act to provide fairness in medical charges for county prisoners. New Hanover County's legislators are asked to support the bill in the 2005 Session of the General Assembly This the 16th day of May 2005 [SEAL] N~ Robert G. Greer Chairman Board of County Commissioners ATTEST ~ \.\. \... ':;\,L,'. Clerk to the Board ell NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 04130105 CURRENT TAX YEAR 2004 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABA TEMENTS TOTAL TAXES CHARGED AD VALOREM $ ] 08,009,979.30 4,171,457.02 286.453.59 $ ]]] ,894,982.73 ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED 9,0]5.50 ]20,68374 11,839.38 $ ]] 2,036,521.35 110,641,916.22 $ ] ,394,605.13 98.76%* BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DA TE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 4,518,902.83 106,764.] 8 ]66,380.37 $ 4,459,286.64 ] ,894.355.72 $ 2,564,930.92 42.48% RENTAL VEHICLE TAX COLLECTIONS ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS APR 2005 25,646.09 $ 375,160.02 447 ';0 $ l<.~ ?- '\ ;L I '7 CONSENT AGENDA DATE. ITEM NO MOTOR VEHICLE $ 9,337,637.86 11,041 14 122.098.34 $ 9,226,580.66 .00 .00 .00 $ 9,226,580.66 7.159.769.48 $ 2,066,81 I 18 77.60%* F]SCAL YTD 253,432. I 6 5,013,977 14 16,471.51 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE $ 177,256,74317 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY I 2004. RESPECTFULL Y SUBMITTED PATRICIA J. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECT]ON PERCENTAGE 9715% ""R4:l:-;L~ .:L I 1 CONSENT AGENDA DATE ITEM NO NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 04/30/05 CURRENT TAX YEAR - 2004 AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES $ 3 466,285 94 $ 212 424 86 69 990 88- 384 176 54 709 39 5 064 55- $ 3,608 719 92 5 120 28 $ 379,821 38 00 $ 3,613 840 20 $ 3,566 328 26- 379 821 38 293 709 36- $ 47,511 94 $ 98 69%* 86 112 02 77 33%* REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDED LESS ABATEMENTS 129,420 46 6 772 55 4,019 62- TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 132,173 39 64,552 46- $ 67 620 93 48 84% THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2004 ,RfSPECTFULLY SUBMITTED -Yltrn t I '" B ~'i'J'n... PATRICIA J RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 96 65% L 1ft 'R~ ?- 'I :2- I 'a' RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS AUTHORIZING NEW HANOVER COUNTY TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WHEREAS, New Hanover County has requested the North Carolina Department of Transportation to assist in the funding of the Job Access Reverse Commute Continuation Grant; and WHEREAS, New Hanover County will provide fifty percent of the cost of the above described project; and WHEREAS, at the Board of Commissioners meeting on June 3, 2002, Commissioner Caster moved, seconded by Vice-Chairman Greer to approve the Job Access Reverse Commute Grant; and WHEREAS, the aforementioned motion was carried unanimously' and whereas the provision of a portion of the service by the Cape Fear Public Transportation Authority changed the scope of the grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board of County Commissioners is hereby authorized to enter into a contract with the Department of Transportation and execute all agreements and contracts with the North Carolina Department of Transportation, Public Transportation Division. . . h, 16- ""yof""y, 2005/!Ji~ Robert G. Greer, Chairman ATTEST ~\,,\.~. ~,~..\~ Sheila L. Schult, Clerk to the Board en ~. ~"':,o <;t",>;) 1( .u..;;tli 2-1 '1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS j>j(tJ6..cA1ffA-7ItJ1V WHEREAS, the New Hanover County Board of Commissioners is committed to supporting youth, amateur and professional sporting events; and WHEREAS, the New Hanover County Board of Commissioners is committed to promoting and marketing New Hanover County as a premier sports and recreation destination; and WHEREAS, the New Hanover County Board of Commissioners wishes to attract local, regional and national sporting events that will foster the ongoing development of New Hanover County and produce a positive economic impact and improve the quality oflife for the entire Cape Fear area; and WHEREAS, the Greater Wilmington Sports Commission is a full service clearinghouse for sports related events and activities in New Hanover County; provides a communication network between local youth, amateur and professional sports; serves as liaison between sports groups and city, county and state officials; attracts and assists sport business and event owners in public relations, marketing and operational management; and measures and provides event economic impact reports for sporting events brought to the community' NOW, THEREFORE BE IT PROCLAIMED, that the New Hanover County Board of Commissioners designates May 2005 as Sporting Wilmington Month in New Hanover County and will continue to promote and support the Greater Wilmington Sports Commission, This the 16th day of May, 2005 1?~~ Robert G, Greer, Chairman Attest: ~ \\\.,\. \. _ ~t A,,\\ Sheila L Schult, Clerk to the Board 7<3 .;.... <;r?- R t!:: 2,q ;L J , 0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, daily we see ships sail down the Cape Fear River from the Port of Wilmington to the countries of the world as they have done for centuries, with men, women and material, in the endeavor ofthis country to 'export freedom to the world;" and WHEREAS, the men and women of the American Merchant Marine have found that freedom is not free, having given their lives in this endeavor; and WHEREAS, the U.S. Congress, in recognition of the importance of the maritime industry did, by joint resolution, approve and designate May 22, ] 933 and each year thereafter as National Maritime Day, and authorized and requested the President to issue annually a proclamation calling for its appropriate observance; and WHEREAS, this date of May 22 was chosen to commemorate the day in ]8]9 when the SS ;J,flJi SA V ANNAH departed Savannah, Georgia on the first transatlantic steamship voyage; and ,:.....;,/,r. .;. \,0 \. WHEREAS, liberty once won is now again threatened, and the American Merchant Mariner goes forth in harm s way to supply our Armed Forces as they defend liberty now; NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 22, 2005 be designated National MaritimeDay in New Hanover County, with the theme 'Liberty Once, Liberty Now," and that citizens are urged to attend the services honoring all Merchant Mariners at the Maritime Day Festival at the North Carolina State Port of Wilmington, on Saturday, May 22, 2005 Adopted the ] 6th day of May, 2005 ~H~~ Robert G. Greer, Chairman -- ~-. Attest ~\l\~ \ ~~\, \~ Sheila L. Schult, Clerk to the Board '7({ Jry i'~; i~~; ) ,Z"' NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMA nON WHEREAS, North Carolina museums enhance the quality of life for all our citizens, and attract more than ] 0 million visitors annually thereby significantlv contributing to our State's economy The local economies of our cities and counties are greatly enhanced bv the efforts of these museums each year; and WHEREAS, nearly five-hundred museums, zoos, aquariums, galleries, science centers, and local and regional historic sites in the state contribute to a high quality of cultural activity in all one-hundred North Carolina counties. Museums also strengthen the educational opportunities of North Carolina students and adults; and WHEREAS, regular visits by school groups to the State s museums give children the chance to be exposed to outstanding examples of historical, natural and artistic exhibits. Museums offer learning opportunities which are not availab]e in the classroom setting; and WHEREAS, education is not limited to children; museums provide a lifelong learning experience for adults, as well, and WHEREAS, museums provide an understanding and awareness of culture and nature that can be rewarding for all our citizens; NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May ]5-2],2005 be recognized as Museum Week in New Hanover County; AND, BE IT FURTHER PROCLAIMED, that Mav ] 8, 2005 be recognized as Illternatiollal Museum Day and that New Hanover County citizens are especially encouraged to take advantage of the educational and cultural resources of the State's museums. Adopted this the ] 6th day of May 2005 ?U4~ Robert G. Greer Chairman Attest: Sheila 1. Schult, Clerk to the Board 1\S .:z.., . ~~~~-'L~ ~H:-2..q:Ll/2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, New Hanover County with its rich nautical history, the bcauty and bounty of its rich coastal environment, rivers and waterways, provides a prime source of rewarding recreation to residents and visitors; and, WHEREAS, public education of our citizens regarding safety around water and boating is aj oint responsibility oflocal and state governments, the National Safe Boating Council, United States Coast Guard, United States Coast Guard Auxiliary, United States Power Squadrons, Cape Fear Power Squadron and other groups; and \\THEREAS, the safe boating educational services of these many groups are of vital importance to the citizens and visitors of New Hanover County, as the majority of boating accidents are caused by human elTor or poor judgment and not by boat, equipment or environmental factors; and, WHEREAS, the Cape Fear Power Squadron, founded in 1951 has supplied 54 years of continuous service in conducting safe boating classes, cooperative charting cOlTections and vessel safety examinations for recreational boaters, and works to bring awareness of safe boating practices to all citizens; NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners declares the week of May 21-27 as Safe Boating Week in New Hanover County, and encourages its citizens and visitors to take a safe boating class and vessel safety check offered by the Cape Fear Power Squadron, and to follow the Squadron's recommendation to never boat under the influence of alcohol or drugs and to wear life jackets. This the 16th day of May, 2005 1JJA~ Robert G. Greer, Chairman Attest: ~\I~\. \.. ~cL, \- Sheila Schult, Clerk to the Board K..(P -,~~ ~~i' - "'."'. . ,,' ': " ' '.:. . , " "''"'" ;L~':'", "",,, ,""f.,(", .,-,,II1>'.,,,~~, l<;H- 2 ~:21 13 NEW HANOVER COUNTY BOillD OF COMMISSIONERS ~SOLU'A'.IO.N" "'HEREAS, North Carolina ]s in nced of advocacy at the state level for dealmg with issues specific to beach, coastal and river communilIes,partlcularlvpublic beach and waterway conservation and restoration and maintenance of our deep channel ports as well as the Intracoastal Waterway; and WHEREAS, the recently adopted Coastal Habitat Protection Plan calls for a statewIde beach and inlet management plan, and WHEREAS, the Coastal Habitat Protection Plan mandates a Beaeh and Inlet Management Plan and creates the North Carolina Beach, Waterway and Public Access Fund; and "THEREAS, recent cuts in federal budgeting for beach nourishmcnt and channel dredging projects create a need to begin seeking possible state and local funding while continuing to seek federal funds; NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners endorses HB 1542, titled "The Beach and Coastal Waterways Conservation, RestoratIOn and Public Access Act" which creates the North Carolina Beach and "Taterway Council to act as an advisory board to the Secretary of the Department of Environment and Natural Resources regarding plans and policies for beaches, inlets and waterways. This the 16th day ofMav, 2005 /fdJ-;j~ Robert G. Greer, Chaim1an '1 ! 1~~":.l'liffJ::Jifff(Jf!!c ;j\'!i1?'1!:l)1"".'>,~'iG.df.f"'.df'''~-'':" '/.~~,~~. ~~'l~' ~'!i\.'t.'''' .~.- _. t_. " "'.........:.~.~ _" A ,,;:t:::."t.:.:c..., ~~!~....y~~~; "'l6:;;(i Attest: ~\Jt \ ~0~1I\\ Sheila Schult, Clerk to the Board """""l<..l.L:2..,!.:21 /If NEW HANOVER COUNTY NORTH CAROLINA Accepting Time Warner Cable's Proposed 2005 Cable Service Rates Stated in its FCC Forms 1240, 1235 and Form 1205 Filed for New Hanover County WHEREAS, New Hanover County, North Carolina ("County") has initiated the regulation of rates and charges for the provision of basic service, equipment and installation of cable television pursuant to the Cable Television Consumer Protection and Competition Act of 1992, WHEREAS, the County is certified by the FCC to regulate basic service tier rates and permitted to regulate rates for basic cable service, equipment and installation; WHEREAS, Time Warner Cable is a duly franchised cable operator for the County and whose rates for basic service, equipment and installation are regulated by the County' WHEREAS, on September 30 2004 the County received the following forms: 1240 1235 and 1205 from Time Wamer Cable; WHEREAS, the County has received and carefully considered the forms 1240, 1235 and 1205, WHEREAS, the form 1240 sets the regulated rate for the Basic Service Tier' WHEREAS, the form 1240 rate calculations properly calculate inflation, programmmg, copyright fees; WHEREAS, the form 1235 sets the regulated rate for the Monthly Network Upgrade Add-on charge; WHEREAS, the form 1205 properly sets the regulated rate for Installation and Equipment; WHEREAS, Time Wamer Cable was given the opportunity to provide written comments to the County with respect to the rates and the draft form of this Rate Order; and WHEREAS, the County has carefully considered the materials, forms and statements submitted by Time Warner Cable. Now, Therefore, County of New Hanover, North Carolina Makes the Following Findings of Fact and Conclusions of Law with Respect to the Proposed Rate to be Charged Time Warner Cable Customers: The County incorporates by reference all of the preamble set forth above; The County finds that Time Warner Cable s Maximum Permitted Rate for Basic Tier Service ($6.81) as set forth in the form 1240 does comply with the FCC's rate rules; I<. I L The County finds that Time Warner Cable's Up Grade Network Charge as set forth in form 1235 does comply with the FCC's rate rules; The County finds that the Installation and Equipment rates set forth in the form 1205 comply with the FCC's rate regulations. Now, Therefore, Be it Ordered by the County of New Hanover, North Carolina, That: Time Warner Cable's Maximum Permitted Rate for Basic Tier Service rate contained in the form FCCI240 does comply with the FCC's rate regulations and is hereby accepted; Time Warner Cable is permitted to implement its form 1240 $6.81 rate beginning January I, 2005 Time Warner Cable's form 1235 $0.50 "Add-on" rate complies with the FCC's rules and Time Warner Cable is permitted to implement this rate January 1,2005, Time Warner Cable's Installation and Equipment rates contained in the form 1205 comply with the FCC's rate regulations and are accepted; The County adopts the Report as its own; The County reserves its rights to review and consider any new information and issue a revised Rate Order based on that evidence; This Rate Order will be effective immediately and provided to Time Warner Cable via US Certified Mail, and By' W/j~ A copy of this Rate Order shall be released to the public. Approved this the 16th Day of May, 2005. Attest: Robert G. Greer, Chairman ~\\~r" \.._~~\..\~ Sheila Schult, Clerk to the Board Deliver via Certified U.S. Mail to: TWC - Wilmington Division File copy to Robert F Sepe, Action Audits, LLC @ 101 Pocono Lane, Cary NC 27'i 13