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271
<br />
<br />UPON MOTION of Commissioner Simmons, seconded by Commissioner Hamby and
<br />unanimously carried, the Board moved to amend Section 12, Sick Leave, of the
<br />proposed Personnel Ordinance by eliminating required physical examinations or
<br />treatment of a minor child as reasons for granting sick leave. Sickness or
<br />bodily injury of a minor child may be used as reasons for granting sick leave.
<br />As proposed by Commissioner Simmons, Article VII, Section 7, Failure in
<br />Performance of Duties, was amended to include the requirement that with the
<br />second warning a written statement will be given to employees outlining
<br />deficiencies, specifying a written corrective action plan, and downgrading an
<br />employee's performance rating. The final written warning is to state the action
<br />that will be taken if corrective action is not taken. Also, the word
<br />"documented" is to be added to the statement regarding oral warnings. There
<br />were no objections to these changes.
<br /> Commissioner Melvin left the meeting at 11:00 A.M.
<br /> UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz with
<br />Commissioners Hamby, Moss, and Simmons and Chairman Lentz voting for, the Board
<br />adopted the following Certificate of Resolution and authorized the Chairman,
<br />County Manager, and Clerk to the Board to execute the Installment Purchase
<br />Contract for the voting equipment for Cabarrus County.
<br />
<br />RESOLUTION
<br />
<br /> WHEREAS, the Municipality desires to enter into an Installment Purchase
<br />Contract, dated as of November 15, 1989 (the "Contract"), between the
<br />Municipality and Gelco Finance Corporation, a subsidiary of General Electric
<br />Capital Corporation, as Gelco ("Geico"), and a Commitment Letter, dated November
<br />15, 1989 (the "Commitment Letter"), with Gelco; and
<br />
<br /> WHEREAS, the Contract provides for Gelco to advance certain funds (the
<br />"Purchase Price") to enable the Municipality to purchase certain equipment
<br />described therein (the "Equipment") and the Municipality to repay the Purchase
<br />Price in installments (the "Installment Payments") as provided in the Contract;
<br />and
<br />
<br /> WHEREAS, the Municipality has determined that the use of the Equipment is
<br />essential to its proper, efficient and economic operation; that it anticipates
<br />an ongoing need for the Equipment; that the Equipment will provide an essential
<br />use and permit the Municipality to carry out public functions that it is
<br />authorized by law to perform; and that entering into the Contract is necessary
<br />and expedient for the Municipality; and
<br />
<br /> WHEREAS, the Municipality has further determined that the Installment
<br />Payments and all other obligations of the Municipality under the Contract are
<br />not excessive for their stated purposes; and
<br />
<br /> WHEREAS, the Municipality has determined that the Contract and the
<br />obligations of the Municipality thereunder are preferable to, and more cost
<br />efficient than, a general obligation or revenue bond issue for the same purpose
<br />and that the purchase price of the Equipment exceeds the amount that can be
<br />prudently raised from currently available appropriations, unappropriated fund
<br />balances and nonvoted bonds that could be issued by the Municipality in the
<br />current fiscal year pursuant to Article V, Section 4 of the Constitution of the
<br />State of North Carolina; and
<br />
<br /> WHEREAS, the debt management policies of the Municipality have been
<br />carried out in strict compliance with law; NOW, THEREFORE,
<br />
<br /> BE IT RESOLVED that the Contract and the Commitment Letter are hereby
<br />approved and that the action of the official or officials of the Municipality
<br />in signing the Contract and the Commitment Letter on behalf of the Municipality
<br />is hereby ratified, confirmed and approved; and
<br />
<br /> BE IT FURTHER RESOLVED that the officers of the Municipality, jointly and
<br />severally, be, and are hereby, authorized, empowered and directed to sign on its
<br />behalf the Contract and any addenda, exhibits, schedules, notes, UCC financing
<br />statements or other instruments issued under the provisions of the Contract and
<br />any other instrument or document which may be necessary or expedient in
<br />connection with the fulfillment of the provisions of the Contract; and
<br />
<br />
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