1988-03-09 RM Exhibits
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BERTPUBL.HRG
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
The Board of Commissioners of the County of New
Hanover, North Carolina, met in regular session in the Assembly
Room, County Administration Building in wilmington, North
Carolina, the regular place of meeting at 7:00 o'clock, P.M.,
on March 9, 1988. The following Commissioners were:
Present: John M. Dolan, Chairman, Jonathan Barfield, Sr.,
W. Albert Corbett, Jr., Nolan O'Neal,
Fred Retchin
Absent: None
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The Chairman stated that The New Hanover County
Industrial Facilities and Pollution Control Financing Authority
had adopted a resolution expressing its intention to issue
revenue bonds and authorizing the execution and delivery of an
inducement agreement pertaining to the financing of an
industrial project for Bertrand Corporation of America. The
Chairman submitted copies of the resolution and the inducement
agreement to the Board. The Chairman then stated that a notice
had been published on February 16, 1988 that the Board would
hold a public hearing on March 9; 1988 on the proposed project
and the issuance of revenue bonds to finance the project.
Commissioner Corbett moved that the Board
proceed to hold a public hearing on the project and the
issuance of revenue bonds to finance the project. The motion
was seconded by Commissioner Retchin and was
unanimously adopted.
At. 8:40 o'clock, ~.M., the Chairman announced that
the Board would hear anyone who wished to be heard on the
advisability of the proposed project and the issuance of
revenue bonds to finance the project and that a representative
of the Authority was present and was prepared to discuss the
details concerning the proposed project and bond issue.
The names and addresses of the persons who were
present, summaries of their oral comments and copies of their
written comments are set forth below:
Wallace C. Murchison
Attorney for the New Hanover County Industrial
Facilities and Pollution Control Financing Authority
16 North Fifth Avenue
wilmington, NC 28401
J. Richard Hazlett
Attorney for Bertrand Corporation of America
227 North Tryon Street
Charlotte, NC 28202
Sergio Messore, President
Bertrand Corporation of America
240B Castle Hayne Road
Wilmington, NC 28401
Mr. Murchison stated that the public hearing was for
a revenue bond issue for Bertrand Corporation of America of up
to $5,500,000, that the corporation was leasing part of the
former Timme Corporation building at 240 Castle Hayne Road,
that the bond issue was for building renovation, machinery and
equipment. Mr. Murchison introduced Mr. Hazlett and Mr. Hazlett
introduced Mr. Messore.
Mr. Messore said that he was president of Bertrand
Corporation of America, that the company had leased a
manufacturing facility at 240 Castle Hayne Road, that it
desired to install machinery and to manufacture high quality
acrylic yarns, that the request was for up to $5,500,000 in
industrial revenue bonds, of which approximately $500,000
would be used to renovate the existing leased facility and
$5,000,000 to acquire and restore machinery and equipment.
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He stated that the project would initially create some 80
jobs, which would probably increase in the future, that the
company hoped to be fully operational by early 1989, that the
group of which the company was a part was already exporting
yarns from Italy to American customers, some based in North
Carolina, some in South Carolina, and some in Massachusetts,
and that their intention was to produce the same yarns in New
Hanover County for the convenience of customers who wanted
better and quicker service from facilities in America.
Mr. Messore stated that the company had many reasons
to come here, that they were invited by their customers to
come to the united States for their benefit and were told that
Wilmington had a good environment. Mr. Messore stated that
the company was pleased to be here and hoped to stay a long
time, if possible, and he asked for approval for the bond
issue.
Mr. Dolan asked how many jobs would be created and
Mr. Messore said around 80, and probably an increased number
next year. Mr. Corbett asked how the company planned to
dispose of the waste from the dyeing process and Mr. Messore
said that the building already had pretreatment facilities for
waste water and his company had obtained a renewal of the
Deportere Corporation's permit from the authorities in Raleigh
a few days ago.
Mr. Murchison asked if there were any members of the
public who had questions or wished to make comments. There
were none.
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After the Board had heard all persons who requested to
be heard, Commissioner O'Neal moved that the public
hearing be closed. The motion was seconded by Commissioner
Retchin and was unanimously adopted.
Commissioner Corbett then introduced the
following resolution which was read at length:
WHEREAS, the Board of County Commissioners has created
a political subdivision and body corporate and politic of the
State of North Carolina known as "The New Hanover County
Industrial Facilities and Pollution Control Financing
Authorityd (the "Authority"); and
WHEREAS, the Authority is authorized under the
Industrial and Pollution Control Facilities Financing Act,
Chapter 159C of the General Statutes of North Carolina, as
amended (the "Act"),.to issue revenue bonds for the purpose,
among others, of paying all or any part of the cost of any
industrial project for industry, to acquire, construct and
equip any such project, and to make and execute financing
agreements, security documents and other contracts and
instruments necessary or convenient in the exercise of such
powers; and
WHEREAS, the Authority has determined to issue its
revenue bonds in the principal amount of not more than
$5,500,000 to pay all or a portion of the costs of the
acquisition, construction and installation of an expansion of
Bertrand Corporation of America's leased industrial facility at
240 Castle Hayne Road in Wilmington, North Carolina for the
spinning and dyeing of yarn for the upholstering market,
including the construction of building renovations and the
acquisition and installation of machinery~and equipment (the
"Project") to be operated by Bertrand Corporation of America;
and
WHEREAS, the Authority intends to file an application
for approval of the Project with the Secretary of the
Department of Commerce (the "Department"), as required by the
Act; and
WHEREAS, the Department has, by regulation, provided
that no application for approval of a project will be
officially received until the elected board of county
commissioners of the county from which the application is made
has, by resolution after a public hearing, approved the issue
of revenue bonds and approved in principle the proposed project
and a certified copy of such resolution has been provided to
the Department; and
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WHEREAS, the Board of County Commissioners, pursuant to
public notice duly-given, has held a public hearing on the
advisability of the Project and the issuance of revenue bonds
to finance the Project and has considered the comments of
persons who requested to be heard; and
WHEREAS, in accordance with Executive Order 37 of the
Governor of the State of North Carolina pursuant to section 146
of the Internal Revenue Code of 1986, the Authority has applied
on behalf of the Project for an allocation of the private
activity bonds volume limitation for the State of North
Carolina for the calendar year 1988 and the Authority and the
Board of County Commissioners understand that such allocation
may be used only for the project and that, to the extent that
the face amount of the revenue bonds issued by the Authority to
finance the Project is less than said allocation, such excess
allocation shall revert to the State of North Carolina; and
WHEREAS, the Board of County Commissioners desires to
approve the Project in principle and the issuance of revenue
bonds to finance the Project;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of New Hanover as follows:
(1) The Project is hereby approved in principle.
(2) The issuance of revenue bonds by the Authority to
finance the project is hereby approved.
(3) The Clerk of the Board of Commissioners is hereby
authorized and directed to provide a certified
copy of this resolution to the Department of
Commerce.
(4) This resolution shall take effect immediately upon
its passage.
Commissioner
the foregoing resolution
seconded the motion, and
following vote:
Corbett moved the ppssage of
and Commissioner Retcnln
the resolution was passed by the
AYES: Commissioners Dolan, Barfield, Corbett,
O'Neal and Retchin
NAYS: None
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STATE OF NORTH CAROLINA
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COUNTY OF NEW HANOVER'
I, LUCIE F. HARRELL, Clerk of the Board of
Commissioners of the County hereinafter described, DO HEREBY
CERTIFY, as follows:
1. A regular meeting of the Board of Commissioners of
the County of New Hanover, a county in the state of North
Carolina, was duly held on March 9, 1988, proper notice of said
meeting having been given as required by North Carolina
statutes, and minutes of said meeting have been duly recorded
in the Minute Book kept by me in accordance with law for the
purpose of recording the minutes of said Board.
2. I have compared the attached extract with said
minutes so recorded and said extract is a true copy of said
minutes and of the whole thereof insofar as said minutes relate
to matters referred to in said extract.
3. Said minutes correctly state the time when said
meeting was convened and the place where such meeting was held
and the members of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and
have hereunto affixed the corporate seal of said County, this
ce/~day of March, 1988.
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RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
OF
NEW HANOVER COUNTY
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WHEREAS, after due advertisement, bids were received and publicly
opened by Centralized Purchasing at 2:00 o'clock p.m. on the 17th day of
November, 1988 at City Hall, 102 North 3rd Street, Wilmington, North
Carolina, and the following bids were received for Microfilm Reader
Printers:
Document Technology Inc.
Document Technology Inc.
Eastman Kodak Co.
$35,900.00
alt. $29,990.00
$35,540.00
AND WHEREAS, Centralized Purchasing, the Register of Deeds, the Finance
Director and the County Manager recommend that the contracts be awarded to
Eastman Kodak Company, Charlotte, N. C., the lowest responsible bidder, in
the amount of Thirty Five Thousand Five Hundred Forty Dollars and No Cents
($35,540.00);
AND WHEREAS, the alternate bid for Document Technology, Inc., does not
meet specifications;
AND WHEREAS, funds have been previously appropriated and are now in
Account No. 110-410-4180-6400 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
New Hanover County that the contract for Microfilm Reader Printers, Bid No:
NHC 35-1087 be awarded to Eastman Kodak Company, Charlotte, N. C., the
lowest responsible bidder, in the amount of Thirty Five Thousand Five
Hundred Forty Dollars and No Cents ($35,540.00) and that the Chairman of
the Board of County Commissioners or the County Manager is hereby authorized
and directed to execute the contract on behalf of New Hanover County,
contract form to be approved by the County Attorney and bid deposit to be
retained until the successful bIdder has executed and delivered the contract
and, if required, satisfactory bond.
BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized
to return the bid deposits of the unsuccessful bidders.
This 1th day of March, 1988.
(SEAL)
'77 ,'. ['
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11'/ L.(J----L-C:/t{ c^) t{i:'Il{
Chairman, Board of County Commissioners
ATTEST:
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EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS,
-, SITTING AS THE GOVERNING BODY OF NEW HANOVER~COUNTY
WATER AND SEWER DISTRICT
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presented the following
resolution and moved that it be adopted:
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WHEREAS, the bond order hereinafter described has.
taken effect and the Board of Commissioners, sitting as ~he
governing body of New Hanover County Water and Sewer
District, desires to borrow money for the purpose for which
bonds are authorized to be issued by said bond order in
anticipation of the receipt of the proceeds of the sale of
said bonds as hereinafter provided; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
County of New Hanover, sitting as the governing body of New
Hanover County Water and Sewer District (the "Issuer"), as
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follows:
(1) The sum of $6,062,000 will be borrowed by the
Issuer in anticipation of the receipt of a $6,062,000 portion
of the proceeds of the sale of bonds authorized to be issued
by the sanitary sewer bond order, adopted by the Board of
Commissioners .of the County of New Hanover, sitting as the
governing body of the Issuer, on December 19, 1983, for the
purpose for which said bonds are authorized to be issued.
Negotiable notes, each designated "Sanitary Sewer Bond
Anticipation Note," shall be issued for said sum so borrowed.,
(2) Said notes shall be dated March 8, 1988, shall
be payable November 16, 1988 and shall bear interest from
their date at a rate which shall not exceed twelve per centum
(12%) per annum. Such interest shall be payable at the
maturity of the said notes. Each of said notes shall be
signed by the Chairman of the governing body of the Issuer
and the Clerk of the Issuer and the seal of the Issuer shall
be affixed to each of said notes.
(3) The power to fix the rate of interest to be
borne by said notes and to determine the denomination or
denominations of the notes and the place of payment of the
notes is hereby delegated to the Chairman of the governing
body of the Issuer and Clerk of the Issuer who are hereby
authorized and directed to cause said notes to be prepared
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and to' execute said notes when they shall have been sold by
the Local Government Commission of North Carolina.
(4) The Chairman of the governing body of the Issuer
and Clerk of the Issuer are hereby authorized to make
application to the Local Government Commission .of North
Carolina for its approval of said notes in the manner
prescribed by The Local Government Finance Act. Said Local
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Government Commission is hereby requested to sell the notes
in the manner prescribed by said Act. Said notes, when they
shall have been sold by said commission in the manner
provided by law and when they shall have been executed in the
manner prescribed by this resolution, shall be turned over to
the State TreQsurer of the State of North Carolina for
delivery to the purchasers to whom they may be sold by sai~
commission.
(5) The Issuer covenants, to the extent permitted by
the Constitution and laws of the State of North Carolina, to
comply with the provisions of the Internal Revenue Code of
1986 enacted into law to the extent required to preserve the
exclusion from gross income of interest on the notes from
Federal income tax purposes.
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The motion having been duly seconded and the
r~solution having been considered, it was adopted by'the
following vote:
AYES:
NAYS:
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,. MAILGRA~1 SERVICE CENTER
MIDDLETOWN, VAo 22645
l2AM
4~007824SQ72002 03/12/88 Ies IPMBNGZ CSP CHAB
1 Q1967S9092 MGM roaN CASTLE HAYNE NC 03-12 113~A EST
,
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'~ waS, FUNDERBERG SR
RT 3 bOX 282
CASTLE HAyNE NC 28"29
THIS IS A CONFIRMATION COpy OF THE FOLLOWING MESSAGEs
9196759092 MGMB TDBN CASTLE HAVNE NC 11~ 03-12 113UA EST
ZIP
HR. wIL.LIA.M DUNN
DEPUTY SECRETARY
STAT~ OF NORTH CAROLINA DEPARTMENT OF
COMMERCE
a30 N SALISBURY ST
RALEIGH ~C 27011
RE: PUBLIC NOTICE DATED 12~19.87 WILMINGTON STAR NEWSo
DEAR MR, DUNN:
FURTHER CONCERNING MV TELEGRAM DATED FEBRUARV 19, lqa8 SINCE ONLY
RECEIVING SILENCE ON UNRESOLVED POXNTS OF DATAoAUTHORXTV INDUCEMENT
AGREEMENT PERTAINING TO INTERROWL CORP, NORTH CHASE XNDUSYRIAL
PROJECT-REx NaCaGoSe ISqC~AcroCM CD) Cu1 Cl)CB~2 & 3) DEPARYMENT
RUlES~REQUEST VOU ORDER THE AUTHORITV TO HOLE SECOND PUBLXe HaARXNG
TO PROVIDE THE SECRETARY DIRECTLV WITH ADDXYONA~ VIE~S Op THE
COMMUNITY TO BE AFFECTED-NEW HANOVER COUNTY COMMISSIONERS N~XT
OFFICIAL r~EETING 21 MAR 88 7PMo PLEASE ADVISE DECISION BV RETURN
MAllo
W.So FUNDERBERG SR
RT 3 80x 282
CASTLE HAYNE NC 28429
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11:34 EST
MG~1COMP
TO REPLY BY MAILGRAM MESSAGE. SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS
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CAPITAL PROJECT ORDINANCE
EPA SEWER PROJECT
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BE IT ORDAINED, by the Board of Comm~ssionersof the
New Hanover County Water and Sewer District:
1. New Hanover County Water and Sewer District (District)
is engaged in the construct~on of the EPA Sewer project,_
which capital project involves the construction and/or
acquisition of capital assets.
2. District desires to authorize and budget for said
capital project in a project ordinance adopted pursuant
to North Carolina General Statute ~159-l3.2, such ordinance
to authorize all appropriations necessary for the completion
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of said project.
NOW, THEREFORE, WITNESSETH THAT:
1. This.project ordinance is adopted pursuant to North
Carolina General Statute *159-13.2.
2. The capital project undertaken pursuant to this
ordinance is the construction of the EPA Sewer Project
which project is herewith authorized.
3. The revenue that will finance said project is:
Transfer In (from Area A-
Fund 830)
TOTAL
$192,000
$192,000
4. The following appropriations necessary for the project
are
herewith made from the revenue
listed above:
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Engineering
$192,000
$192,000
TOTAL
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This project ordinance shall be entered in the
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minutes of the Board of Commissioners of the New Hanover
County Water and Sewer District.
copies of this ordinance shall be filed with the finance
Within five days hereof,
and budget offices in New Hanover County, and with the
Clerk to the Board of Commissioners of the New Hanover
County Water and Sewer District.
ADOPTED THIS ~1'~
DAY OF
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1988.
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WHEREAS, the New Hanover County area possesses much
genuine interest in the preservation and use of trees for
aesthetical and functional values, and there exists. a
. significant need for planned and organized tree plantings in
the home landscape, parks and on the roads of New Hanover
County; and
WHEREAS, it ~~ desirable that the planing of seedlings
and flowering shrubs be encouraged to promote the
beautification and conservation of the vast and varied
resources of North Carolina; and
WHEREAS, the designation of a particular day each year
as Arbor Day would encourage and draw attention to a
concerted effort by North Carolinians to beautify and
conserve the 'state's resources by planting young trees and
shrubs; and
WHEREAS, the planing of trees is a symbol of our faith
in the future as we today profit from the plantings made by
our forefathers.
NOW THEREFORE, the New Hanover County Board of
Commissioners hereby proclaim March 16, 1988, as
ARBOR DAY
in New Hanover County, North Carolina, and urge all our
citizens to cooperate in making Arbor Day a day of tribute
to trees for New Hanover County.
Adopted this 14th day of March, 1988.
llJaA f) 'YlMJ
Nolan O'Neal -
Vice Chairman