Agenda 2011 08-15New Hanover County,
North Carolina
6=%:b &I
August 75, 2011
Agenda
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity • Accountability • Professionalism • Innovation • Stewardship
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN
TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
%am
AUGUST 15, 2011
9:00 A.M.
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
INVOCATION (Reverend Richard G. Elliott, Rector, St. Andrew's On- the -Sound Episcopal Church)
PLEDGE OF ALLEGIANCE (Vice - Chairman Jason R. Thompson)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of Eight Donations for Accession into the Permanent Collection
3. Approval of Deaccession for Materials Deemed Hazardous
4. Adoption of Budget Amendments
ESTIMATED REGULAR AGENDA ITEM F BUSINESS
TIMES GU S O USI N SS
9:10 a.m.
5. Presentation of Service Awards and New Employee Introduction
9:25 a.m.
6. Consideration of Amended and Restated Series Resolution Authorizing
Issuance and Sale of Not Exceeding $100,000,000 Aggregate Hospital
Revenue Bonds
9:35 a.m.
7. 2010 Community Development Block Grant (CDBG) Program
Requirements: Adoption of Citizen Participation Plan and Resolution for
New Hanover County and Optional Coverage Relocation Policy for New
Hanover County
9:50 a.m.
8. Consideration of a Resolution Awarding a Multi -Term Contract for the
Purchase of Turnout Gear to Municipal Emergency Services, Inc.
9:55 a.m.
9. Public Hearing and Consideration of Approval to Submit Application for
Rural Operating Assistance Program Funds in the Amount of $252,724
10:00 a.m.
10. Airlie Gardens Foundation, Inc. Board of Directors Annual Update
10:10 a.m.
11. New Hanover County Planning Board Annual Update
10:20 a.m.
12. New Hanover County Juvenile Crime Prevention Council Annual Update
10:30 a.m.
13. Community Child Protection Team (CCPT) Annual Report
10:50 a.m.
14. Update on the 2012 Revaluation
11:05 a.m.
15. Presentation on Proposed 2012 Schedule of Values
11:15 a.m.
16. Acceptance of Collection Settlement Reports and Charge of the 2011 Levy
11:20 a.m.
17. Consideration of Vote For or Against the Annexation of Monkey Junction by
the City of Wilmington
11:35 a.m.
18. Consideration of Request for Renewal of Mason Inlet Waterbird Habitat
Management Plan for 2011 (Year 10) with Audubon North Carolina to Meet
Permit Requirements of the Mason Inlet Relocation Project
11:40 a.m.
19. Consideration of a Letter of Commitment for the Dredging of Carolina Beach
Inlet
Board of Commissioners Meeting
08/15/2011
11:45 a.m. 20. Consideration of Parking Deck Changes to Extend Hours of Operation
Effective September 15, 2011 and Adoption of Ordinance for Budget
Amendment 12 -001
12:00 p.m. 21. Consideration of Adoption of Rules of Procedure for Meetings of the New
Hanover County Board of Commissioners Manual
12:15 p.m. 22. Consideration of Request to Reinstate and Make Appointments to the New
Hanover Commission for Women
12:25 p.m. 23. Committee Appointments
NON - AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
12:40 p.m. 24. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
12:50 p.m. 25. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
08/15/2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
CONSENT
ITEM: 1
DEPARTMENT: PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review Meeting held on July 28, 2011
Regular Meeting held on August 1, 2011
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
08/15/2011
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
CONSENT
ITEM: 2
DEPARTMENT: PRESENTER(S): Barbara Rowe, Museum Curator and Ruth Haas,
Director, Cape Fear Museum
CONTACT(S): Barbara Rowe, Museum Curator and John Haley, Chairman, Cape Fear Museum Advisory
Board
SUBJECT:
Approval of Eight Donations for Accession into the Permanent Collection
BRIEF SUMMARY:
The Museum Advisory Board is recommending eight donations — four of which include multiple objects —
for approval to accession into the Permanent Collection.
The Museum collects only those objects that support the mission of interpreting the history, science, and
culture of the Lower Cape Fear region. The attached document identifies objects which donors have offered
to the Museum. The objects have been reviewed by staff, the Museum Advisory Board Collections
Committee, and the Museum Advisory Board in the regular July meeting. The objects are recommended for
accession into Cape Fear Museum's Permanent Collection.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept objects identified on the attached list into Cape Fear Museum's Permanent Collection.
ATTACHMENTS:
Acquisitions List
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
08/15/2011
2 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
CONSENT
ITEM: 3
DEPARTMENT: PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Barbara Rowe, Museum Curator and John Haley, Chairman, Cape Fear Museum Advisory
Board
SUBJECT:
Approval of Deaccession for Materials Deemed Hazardous
BRIEF SUMMARY:
In 1998, a friend of the Museum purchased 76 negatives picturing all local scenes dating to around 1910.
These were accessioned into the collection as a gift from the donor and are identified as objects 1998.146.1 —
76.
The negatives are nitrate film, which combusts at 120° and is highly dangerous. Museum best practices
recommend making high- resolution digital scans and then destroying the originals, following guidelines of
hazardous material professionals.
At their July meeting, the Museum Advisory Board recommended deaccession as a first step in removing the
material from the collection.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Move to deaccession 76 negatives, numbered 1998.146.1 — 76, from the Museum Permanent Collection.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
08/15/2011
3 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
CONSENT
ITEM: 4
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2012.
2012 -05 - Sheriffs Office
2012 -06 - Sheriffs Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 2012 -05 - Sheriffs Office
B/A 2012 -06 - Sheriffs Office
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
08/15/2011
4 -0
AGENDA: August 15, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012 - 05
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2012 -05 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property (DOJ)
Department: Sheriff's Office
Expenditure:
Decrease
Increase
Federal Forfeited Property (DOJ):
Supplies
$10,861
Interest on Investments
136
Total
$0
$10,861
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property (DOJ)
$10,725
Interest on Investments
136
Total
$0
$10,861
Section 2: Explanation
To budget Federal Forfeited Property (DOJ) receipt of $7,595 on 7/14/11, receipt from 6/14/11 GovDeals
auction of $3,130, and interest on investments of $136 for period March 2011 through June 2011.
Department of Justice (DOJ) receipts are for drug seizures and Alcohol, Tobacco and Firearms cases.
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 2012 -05, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 15th day of August, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/15/2011
4 -1 -1
AGENDA: August 15, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012 - 06
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2012 -06 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax
Department: Sheriff's Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$24,668
Interest on Investments
$14
Total
$0
$24,668
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$24
Interest on Investments
$14
Total
$0
$24,668
Section 2: Explanation
To budget Controlled Substance Tax receipt of $5,303 on 7/21/11, receipts from 6/14/11 GovDeals
auction of $19,351, and budget interest on investments of $14 for period March through June 2011.
Controlled Substance Tax 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 2012 -06, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 15th day of August, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/15/2011
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 5
DEPARTMENT: PRESENTER(S): County Commissioners and Bruce T. Shell,
County Manager
CONTACT(S): Libby Moore, Human Resources Analyst
SUBJECT:
Presentation of Service Awards and New Employee Introduction
BRIEF SUMMARY:
Service awards will be presented to retirees and employees. New employees will be introduced and invited to
have their photo taken with the Board of Commissioners to be placed on the County's website.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards, recognize new employees and take photo.
COMMISSIONERS' ACTIONS:
Presented service awards, recognized new employees and took photo.
Board of Commissioners Meeting
08/15/2011
5 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 6
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley,
County Attorney
CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney
SUBJECT:
Consideration of Amended and Restated Series Resolution Authorizing Issuance and Sale of Not
Exceeding $100,000,000 Aggregate Hospital Revenue Bonds
BRIEF SUMMARY:
The Board should consider and take action on an amended and restated series resolution providing for the
issuance of the County's Hospital Revenue Refunding Bonds Series 2011 for New Hanover Regional
Medical Center in an aggregate principal amount not exceeding $100,000,000. The Bonds will be issued to
refund all or a portion of the County's Hospital Revenue Bonds Series 1999 to generate debt service
savings. The Board adopted a Series Resolution on November 15, 2010 to effect the refunding of the Series
1999 Bonds. Unfavorable market conditions necessitated a delay of refunding until a more favorable interest
rate environment existed. An amendment and restatement of the 2010 Series Resolution is now necessary to
update the terms. The Series Resolution delegates to the Finance Director the authority to determine certain
terms of the Bonds subject to limitations set forth in the Series Resolution.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider and adopt the Series Resolution.
ATTACHMENTS:
Series Resolution
Seventh Amendment to Lease Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/15/2011
6 -0
COUNTY OF NEW HANOVER, NORTH CAROLINA
AMENDED AND RESTATED SERIES RESOLUTION
Adopted August 15, 2011
NYC 719268.5 Board of Commissioners Meeting
08/15/2011
6 -1 -1
TABLE OF CONTENTS
Pie
Preamble............................................................................................................ ..............................1
Section 501.
ARTICLE I.
Section 502.
DEFINITIONS
Section 101.
Meaning of Words and Terms ................................... ..............................2
Section 102.
Rules of Construction ................................................ ..............................7
Section 505.
ARTICLE II.
Section 506.
THE SERIES 2011 BONDS
Section 201.
Authority for and Issuance of Series 2011 Bonds ..... ..............................8
Section 202.
Maturity; Interest Rates .............................................. ..............................8
Section 203.
Payment of Principal of and Interest on the Series 2011 Bonds ..............8
Section 204.
Defaulted Interest ....................................................... ..............................9
Section 205.
Temporary Series 2011 Bonds ................................... ..............................9
Section 206.
Mutilated, Lost, Stolen or Destroyed Bonds .............. ..............................9
Section 207.
Transfer and Exchange of Series 2011 Bonds; Persons Treated
asOwners .................................................................. .............................10
Section 208.
Book -Entry Only System .......................................... .............................11
Section 209.
Successor Securities Depository; Transfers Outside Book -Entry
OnlySystem .............................................................. .............................12
Section 210.
Payments and Notices to Cede & Co ........................ .............................12
Section 211.
Conditions Precedent to Initial Delivery of Series 2011 Bonds . ...........
12
Section 212.
Authorization of Refunding and Optional Redemption of Series
1999 Bonds ............................................................... .............................15
ARTICLE III.
REDEMPTION OF BONDS
Section 301.
Redemption Dates and Prices ................................... .............................15
Section 302.
Notice of Redemption; Selection of Series 2011 Bonds for
Redemption; and Cancellation .................................. .............................16
ARTICLE IV.
APPLICATION OF SERIES 2011 BOND PROCEEDS
Section 401.
Deposit of Funds ....................................................... .............................18
Section402.
Expense Fund ............................................................ .............................18
ARTICLE V.
SECURITY; FUNDS AND ACCOUNTS
Section 501.
Security for the Series 2011 Bonds ........................... .............................19
Section 502.
Establishment of Funds and Accounts ...................... .............................19
Section 503.
Principal Account ...................................................... .............................19
Section 504.
Interest Account ........................................................ .............................19
Section 505.
Sinking Fund Account .............................................. .............................19
Section 506.
Redemption Fund ...................................................... .............................20
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ARTICLE VI.
DEPOSITORIES OF MONEY, SECURITY FOR DEPOSITS, INVESTMENT OF FUNDS
Section 601.
Security for Deposits ................................................. .............................20
Section 602.
Investment of Money ................................................ .............................21
Section603.
Valuation ................................................................... .............................22
ARTICLE VII.
EVENTS OF DEFAULT
Section 701.
Events of Default ...................................................... .............................22
ARTICLE VIII.
THE TRUSTEE
Section 801.
Acceptance of Duties by Trustee .............................. .............................22
ARTICLE IX.
SUPPLEMENTAL SERIES RESOLUTIONS
Section 901.
Procedure for Adoption of Supplemental Series Resolutions ................22
Section 902.
Exclusion of Series 2011 Bonds ............................... .............................23
ARTICLE X.
DEFEASANCE
Section 1001.
Cessation of Interest of Holders and Repeal of Series Resolution ........23
ARTICLE XI.
MISCELLANEOUS PROVISIONS
Section 1101.
Manner of Giving Notice .......................................... .............................24
Section 1102.
Trustee, County, Corporation and Holders Alone Have Rights
Under Series Resolution ........................................... .............................25
Section 1103.
Effect of Partial Invalidity ........................................ .............................25
Section 1104.
Effect of Covenants ................................................... .............................25
Section 1105.
Dealing in Series 2011 Bonds ................................... .............................25
Section 1106.
Approval of Purchase Agreement and Seventh Amendment to
LeaseAgreement ...................................................... .............................25
Section 1107.
Approval of Preliminary Official Statement and Official
Statement................................................................... .............................26
Section 1108.
Appointment of County Representative and Authorization for
OtherActs ................................................................. .............................26
Section 1109.
No Recourse Against Commissioners, Directors, Officers or
Employees of County, Corporation or Local Government
Commission.............................................................. .............................26
Section1110.
Headings ................................................................... .............................27
Section 1111.
Continuing Disclosure .............................................. .............................27
Section1112.
Arbitrage ................................................................... .............................27
Section1113.
Tax Covenant ............................................................ .............................28
Section 1114.
Notice to Local Government Commission and Rating Agencies ..........28
Section 1115.
Provisions Relating to Local Government Commission ........................28
Section 1116.
Amended and Restated Series Resolution Effective . .............................28
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Exhibit A Form of Series 2011 Bonds ...................................... ............................... A -1
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AMENDED AND RESTATED SERIES RESOLUTION AUTHORIZING
AND APPROVING THE ISSUANCE AND SALE OF NOT EXCEEDING
$100,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY
OF NEW HANOVER, NORTH CAROLINA HOSPITAL REVENUE
REFUNDING BONDS (NEW HANOVER REGIONAL MEDICAL
CENTER), SERIES 2011 FOR THE PURPOSE OF PROVIDING FUNDS,
TOGETHER WITH ANY OTHER AVAILABLE FUNDS, TO
CURRENTLY REFUND ALL OR A PORTION OF THE COUNTY'S
OUTSTANDING HOSPITAL REVENUE BONDS (NEW HANOVER
REGIONAL MEDICAL CENTER PROJECT), SERIES 1999,
AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY
OFFICIAL STATEMENT, AND AUTHORIZING AND APPROVING THE
FORM AND TERMS OF THE OFFICIAL STATEMENT, A SEVENTH
AMENDMENT TO THE LEASE AGREEMENT AND THE BOND
PURCHASE AGREEMENT AND THE EXECUTION AND DELIVERY OF
THE OFFICIAL STATEMENT, A SEVENTH AMENDMENT TO THE
LEASE AGREEMENT AND THE BOND PURCHASE AGREEMENT AND
THE DISTRIBUTION AND USE OF THE PRELIMINARY OFFICIAL
STATEMENT AND THE OFFICIAL STATEMENT IN CONNECTION
WITH THE PUBLIC OFFERING OF SUCH REFUNDING BONDS AND
SUCH OTHER MATTERS RELATED THERETO.
RECITALS
WHEREAS, the County of New Hanover, North Carolina (the "County ") is a political
subdivision of the State of North Carolina, which owns New Hanover Regional Medical Center,
a public general acute -care hospital facility;
WHEREAS, the County is empowered, under the Constitution and laws of the State of
North Carolina, particularly The State and Local Government Revenue Bond Act, Article 5,
Chapter 159 of the General Statutes of North Carolina, as amended (herein called the "Act "), to
undertake the obligations and commitments on its part set forth herein;
WHEREAS, the Board of Commissioners of the County (the "Board ") adopted a Bond
Order on October 6, 1993, as amended by a First Supplemental Bond Order adopted by the
Board on February 5, 1999 and a Second Supplemental Bond Order adopted by the Board on
December 7, 2005 (collectively, the "Bond Order "), authorizing the issuance of hospital revenue
bonds;
WHEREAS, under the Bond Order and pursuant to a Series Resolution adopted by the
Board on February 5, 1999, the County issued its $122,395,000 Hospital Revenue Bonds (New
Hanover Regional Medical Center Project) Series 1999 (the "Series 1999 Bonds "), of which
$98,105,000 remain outstanding;
WHEREAS, the County previously adopted a series resolution on November 15, 2010, to
provide for the issuance of hospital revenue refunding bonds and effectuate the current refunding
of the Series 1999 Bonds (the "2010 Series Resolution ");
Board of Commissioners Meeting
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WHEREAS, market conditions in November, 2010 precluded a successful refunding of
the Series 1999 Bonds pursuant to the 2010 Series Resolution;
WHEREAS, market conditions have improved and the County has deemed it advisable to
amend and restate the 2010 Series Resolution and adopt this Amended and Restated Series
Resolution (this "Series Resolution ") and to issue its Hospital Revenue Refunding Bonds (New
Hanover Regional Medical Center), Series 2011 (the "Series 2011 Bonds "), as in this Series
Resolution hereinafter provided, for the purpose of providing funds, together with any other
available funds, to currently refund all or a portion of the outstanding Series 1999 Bonds and pay
certain expenses of issuing the Series 2011 Bonds;
WHEREAS, the County has determined that the issuance of the Series 2011 Bonds is in
the best interest of the County; and
WHEREAS, the County has determined that the Series 2011 Bonds, the Certificate of the
Local Government Commission and the Certificate of Authentication to be endorsed by the
Trustee on all Series 2011 Bonds as provided herein shall be, respectively, substantially in the
forms, with such variations, omissions and insertions as may be specified by the County or
otherwise required or permitted by this Series Resolution, attached hereto as Exhibit A; now
therefore,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover,
North Carolina:
ARTICLE I.
DEFINITIONS
Section 101. Meaning of Words and Terms. Unless otherwise required by the context,
words and terms used herein which are defined in the Bond Order shall have the meanings
assigned to them therein, except as hereinafter set forth:
"Affiliate" means a corporation, limited liability company, partnership, joint venture,
association, business trust or similar entity (i) which controls, is controlled by or is under
common control with, directly or indirectly, a Person; or (ii) a majority of the members of the
governing body of which are members of the governing body of a Person. For the purposes of
this definition, control means with respect to: (a) a corporation having stock, the ownership,
directly or indirectly, of more than 50% of the securities (as defined in Section 2(1) of the
Securities Act of 1933, as amended) of any class or classes, the holders of which are ordinarily,
in the absence of contingencies, entitled to elect a majority of the governing body of such
corporation; (b) a non - profit corporation not having stock, having the power to elect or appoint,
directly or indirectly, a majority of the members of the governing body of such corporation; or
(c) any other entity, the power to direct the management of such entity through the ownership of
at least a majority of its voting securities or the right to designate or elect at least a majority of
the members of its governing body, by contract or otherwise. For the purposes of this definition,
"governing body" means with respect to: (a) a corporation having stock, such corporation's
board of directors and the owners, directly or indirectly, of more than 50% of the securities (as
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defined in Section 2(1) of the Securities Act of 1933, as amended) of any class or classes, the
holders of which are ordinarily, in the absence of contingencies, entitled to elect a majority of the
corporation's directors (both of which groups shall be considered a governing body); (b) a non-
profit corporation not having stock, such corporation's members if the members have complete
discretion to elect the corporation's directors, or the corporation's directors if the corporation's
members do not have such discretion or if such corporation has no members; and (c) any other
entity, its governing board or body. For the purposes of this definition, all references to directors
and members shall be deemed to include all entities performing the function of directors or
members however denominated.
thereof
"Authorized Denomination" means denominations of $5,000 and any whole multiple
"Board" has the meaning set forth in the Preamble hereof.
"Bond Counsel" means any nationally recognized municipal bond counsel acceptable to
the County.
"Bond Fund" means the Fund by that name created under Section 502(A) hereof.
"Bond Order" means the bond order adopted by the Board on October 6, 1993, as
supplemented by a first supplemental bond order adopted by the Board on February 5, 1999 and
a second supplemental bond order adopted by the Board on December 7, 2005.
"Bond Register" means the registration books of the County kept by the Trustee to
evidence the registration and transfer of Series 2011 Bonds.
"Bondholder," "holder," "Holder," "Owner" or "owner of the Series 2011 Bonds"
means the registered owner of any Series 2011 Bond and does not mean any beneficial owner of
a Series 2011 Bond whether through a book -entry system or otherwise.
"Business Day" means a day which is not (a) a Saturday, Sunday or legal holiday on
which banking organizations in the State of New York or the city in which the Principal Office
of the Trustee is located are authorized by law to close and on which such entity is in fact closed
or (b) a day on which the New York Stock Exchange is closed.
"Closing Date" means September 28, 2011 (or such other date that is specified in the
Issuance, Sale or Closing Certificate), the date of issuance and delivery of the Series 2011
Bonds.
"County" has the meaning set forth in the Preamble hereof.
"County Attorney" means the County Attorney of the County, the person performing the
duties of the County Attorney or the official succeeding to the County Attorney's principal
functions.
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"County Manager" means the County Manager of the County, the person performing the
duties of the County Manager or the official succeeding to the County Manager's principal
functions.
"Date of Original Issuance" means the Closing Date.
"Defaulted Interest" means interest on any Series 2011 Bond which is payable but not
duly paid on the date due.
"Expense Fund" means the fund by that name created under Section 402 hereof.
"Finance Director" means the Finance Director or an interim Finance Director of the
County, the person performing the duties of the Finance Director or an interim Finance Director
or the official succeeding to the Finance Director's or an interim Finance Director's principal
functions.
"Fitch" means Fitch, Inc., a corporation organized and existing under the laws of the
State of Delaware, its successors and their assigns, or, if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be
deemed to refer to any other nationally recognized securities rating agency designated by the
Corporation by written notice to the County and the Trustee and acceptable to the Local
Government Commission.
"Fund" means any of the funds established pursuant to this Series Resolution.
"Immediate Notice" means notice by telephone, email transmission or telecopier to such
address as the addressee shall have provided in writing, promptly followed by written notice by
first class mail, postage prepaid; provided, however, that if any Person required to give an
Immediate Notice shall not have been provided with the necessary information as to the
telephone, email transmission or telecopier number of an addressee, Immediate Notice shall
mean written notice by first class mail, postage prepaid.
"Independent Counsel" means an attorney duly admitted to practice law before the
highest court of any state and, without limitation, may include independent legal counsel for the
Corporation, the County or the Trustee.
"Interest Account" means the account by that name created in the Bond Fund under
Section 502 hereof.
"Interest Payment Date" means April 1 or October 1, as the case may be.
"Interested Parties" means the County, the Corporation, the Trustee, the Paying Agent
(if any), and the Bondholders.
"Investment Grade" means (i) that rating of any Rating Agency with a rating then in
effect with respect to the Series 2011 Bonds that represents the lowest rating that any of such
Rating Agencies recognizes as being investment grade and (ii) each rating above such rating.
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"Investment Obligations" means, for purposes of this Series Resolution, any form of
investment now or hereafter allowed by Section 159 -30 of the General Statutes of North
Carolina, as amended, or any successor statute.
"Issuance, Sale and Closing Certificate" means the certificate of the Finance Director
filed pursuant to this Series Resolution with the Trustee on the Closing Date setting forth certain
details of the Series 2011 Bonds and other terms and provisions relating to the sale and issuance
of the Series 2011 Bonds as provided for herein together with such other details, terms and
provisions as the Finance Director may determine.
"Letter of Representations" means the Blanket Letter of Representations from the
County to DTC dated August 21, 1995.
"Local Government Commission" means the Local Government Commission of North
Carolina, a division of the Department of State Treasurer, established by Section 159 -3 of the
General Statutes of North Carolina, and any successor or successors thereto.
"Maturity Date" means the date or dates on which the Series 2011 Bonds mature, as set
forth in the Issuance, Sale and Closing Certificate.
" Moody's" means Moody's Investors Service, Inc., a corporation organized and existing
under the laws of the State of Delaware, its successors and their assigns, or, if such corporation
shall be dissolved or liquidated or shall no longer perform the functions of a securities rating
agency, " Moody's" shall be deemed to refer to any other nationally recognized securities rating
agency designated by the Corporation by written notice to the County and the Trustee and
acceptable to the Local Government Commission.
"Official Statement" means an Official Statement prepared in connection with the
issuance and sale of the Series 2011 Bonds.
"Opinion of Bond Counsel" means a written opinion of Bond Counsel in form and
substance acceptable to the County and the Trustee which opinion may be based on a ruling or
rulings of the Internal Revenue Service.
"Opinion of Counsel" means a written opinion of counsel who is acceptable to the
County in form and substance acceptable to the County and the Trustee.
"Outstanding Series 2011 Bonds" or "Series 2011 Bonds Outstanding" means all Series
2011 Bonds which have been duly authenticated and delivered by the Trustee under this Series
Resolution, except:
(a) Series 2011 Bonds canceled after purchase in the open market or because
of payment at or redemption prior to maturity;
(b) Series 2011 Bonds for the payment or redemption of which cash or
Government Obligations shall have been theretofore deposited with the Trustee (whether
upon or prior to the maturity or redemption date of any such Series 2011 Bonds) in
accordance with the Series Resolution; provided that if such Series 2011 Bonds are to be
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redeemed prior to the maturity thereof, notice of such redemption shall have been given
or arrangements satisfactory to the Trustee shall have been made therefor, or waiver of
such notice satisfactory in form to the Trustee shall have been filed with the Trustee; and
(c) Series 2011 Bonds in lieu of which others have been authenticated under
the Series Resolution.
"Paying Agent" means the bank or banks, if any, designated pursuant to this Series
Resolution to receive and disburse the principal of and interest on the Series 2011 Bonds.
"Person" means any natural person, firm, joint venture, association, partnership, business
trust, corporation, public body, agency or political subdivision thereof or any other similar entity.
"Preliminary Official Statement" means a Preliminary Official Statement prepared in
connection with the issuance and sale of the Series 2011 Bonds.
"Principal Account" means the account by that name created in the Bond Fund under
Section 502 hereof.
"Principal Office" means, when used with respect to the Trustee, the corporate trust
office of the Trustee identified as such for the performance of the functions in question, and,
when used with respect to any other entity, means the principal office of such entity or such other
office of such entity as may be designated by that entity in writing to the Trustee.
"Purchase Agreement" means the bond purchase agreement for the Series 2011 Bonds
among the County, the Corporation, the Local Government Commission and the purchasers
named therein.
"Rating Agency" means Moody's, Fitch or Standard & Poor's, and their respective
successors and assigns.
"Record Date" means the fifteenth (15 day (whether or not a Business Day) of the
calendar month immediately preceding such Interest Payment Date.
"Redemption Date" means, when used with respect to any Series 2011 Bond to be
redeemed, the date fixed for such redemption pursuant to Article III hereof.
"Redemption Fund" means the fund created and so designated by Section 506 of this
Series Resolution.
"Redemption Price" means, with respect to any Series 2011 Bond (or portion thereof),
the price to be paid upon redemption as set forth in Article III of this Series Resolution.
"Securities Depository" means The Depository Trust Company, New York, New York or
other recognized securities depository selected by the County at the request of the Corporation,
which maintains a book -entry system in respect of the Series 2011 Bonds, and shall include any
substitute for or successor to the securities depository initially acting as Securities Depository.
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"Securities Depository Nominee" means, as to any Securities Depository, such Securities
Depository or the nominee of such Securities Depository in whose name there shall be registered
on the registration books maintained by the Trustee the Series 2011 Bond certificates to be
delivered to and immobilized at such Securities Depository during the continuation with such
Securities Depository of participation in its book -entry system.
"Serial Bonds" means the Series 2011 Bonds that are designated as Serial Bonds in the
Issuance, Sale and Closing Certificate.
"Series 1999 Bonds" has the meaning set forth in the Recitals hereof.
"Series 2011 Bonds" has the meaning set forth in the Recitals hereof.
"Series Resolution" means this Series Resolution, including any amendments or
supplements hereto.
"Seventh Amendment to Lease Agreement" means the Seventh Amendment to Lease
Agreement, dated as of September 1, 2011, by and between the County and the Corporation.
"Sinking Fund Account" means the account by that name created in the Bond Fund
under Section 502 hereof to which amounts are to be deposited in accordance with Section 505
hereof.
"Sinking Fund Requirements" means, with respect to the Series 2011 Bonds, the
Sinking Fund Requirement provided in the Issuance, Sale and Closing Certificate relating to the
Term Bonds.
"Special Record Date" means the date fixed by the Trustee pursuant to Section 204 of
this Series Resolution for the payment of Defaulted Interest.
"Standard & Poor's" or "S&P" means Standard & Poor's Ratings Services, a division of
The McGraw Hill Companies, Inc., a corporation organized and existing under the laws of the
State of New York, its successors and assigns, and, if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, "Standard &
Poor's" shall be deemed to refer to any other nationally recognized securities rating agency
designated by the Corporation by written notice to the County and the Trustee and acceptable to
the Local Government Commission.
"Tax Compliance Certificate" means the Tax Compliance Certificate dated the Date of
Original Issuance of the Series 2011 Bonds and issued by the County and the Corporation.
"Term Bonds " means the Series 2011 Bonds that are designated as Terms Bonds in the
Issuance, Sale and Closing Certificate.
Section 102. Rules of Construction. Words of the masculine gender shall be deemed
and construed to include correlative words of the feminine and neuter genders. Unless the
context shall otherwise indicate, the words "Bond ", "owner ", "Holder" and "Person" shall
include the plural as well as the singular number.
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ARTICLE II.
THE SERIES 2011 BONDS
Section 201. Authority for and Issuance of Series 2011 Bonds. (A) No Series 2011
Bonds may be issued under the provisions of this Series Resolution except in accordance with
this Article. There is hereby authorized under Chapter 159, Article 5 of the General Statutes of
North Carolina, the Bond Order and this Series Resolution one Series of bonds designated the
"County of New Hanover, North Carolina Hospital Revenue Refunding Bonds (New Hanover
Regional Medical Center), Series 2011." The principal amount for the Series 2011 Bonds that
may be issued hereunder shall not exceed $100,000,000.
(B) Except as otherwise provided in this Series Resolution, the Series 2011 Bonds
shall be substantially in the form attached hereto as Exhibit A. The Series 2011 Bonds shall bear
interest from their respective dates and shall be issuable as registered bonds in Authorized
Denominations. Unless the County shall otherwise direct, the Series 2011 Bonds shall be
numbered from R -1 upward. The Series 2011 Bonds, as initially issued, will be dated as of their
Date of Original Issuance.
Section 202. Maturity; Interest Rates. (A) The Series 2011 Bonds shall bear interest
(calculated on the basis of a 360-day year consisting of twelve 30-day months) at the rates, shall
consist of Serial Bonds and Term Bonds and shall mature (subject to the right of prior
redemption as hereinafter set forth) on the Maturity Dates set forth in the Issuance, Sale and
Closing Certificate; provided, however, that the issuance of the Series 2011 Bonds and the
proposed refunding shall result in aggregate net present value debt service savings that equal or
exceed 3.0% of the Series 1999 Bonds to be refunded; and, provided further, the final maturity of
the Series 2011 Bonds shall not be later than on October 1, 2028.
(B) The principal of, premium, if any, and interest on and the Redemption Price of the
Series 2011 Bonds shall be payable in any currency of the United States of America which, at the
respective dates of payment thereof, is legal tender for the payment of public and private debts.
Section 203. Payment of Principal of and Interest on the Series 2011 Bonds. The
principal or Redemption Price of the Series 2011 Bonds shall be payable by check in lawful
money of the United States of America upon presentation at the Principal Office of the Trustee to
the registered owners of the Series 2011 Bonds on such date. Interest on the Series 2011 Bonds
shall be paid to the Person whose name appears on the Bond Register as the Holder thereof as of
the close of business on the Record Date for each Interest Payment Date. Payment of the interest
shall be made by check mailed by first class mail to such Holder at its address as it appears on
such registration books, or, upon the written request of any Holder of at least $1,000,000 in
aggregate principal amount of the Series 2011 Bonds, submitted to the Trustee at least five
Business Days prior to the Record Date, by wire transfer in immediately available funds to an
account within the United States of America designated by such Holder. As long as Cede & Co.
is the Holder of the Series 2011 Bonds, said principal or Redemption Price and interest payments
shall be made to Cede & Co. by wire transfer in immediately available funds. CUSIP number
identification shall accompany all payments of principal or Redemption Price and interest
whether by check or by wire transfer.
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Section 204. Defaulted Interest. Defaulted Interest with respect to any Series 2011
Bond shall cease to be payable to the holder of such Series 2011 Bond on the relevant Record
Date and shall be payable to the holder in whose name such Series 2011 Bond is registered at the
close of business of the Trustee on the special record date (the "Special Record Date ") for the
payment of such Defaulted Interest, which shall be fixed in the following manner. The County
shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on
each Series 2011 Bond and the date of the proposed payment (which date shall be such as will
enable the Trustee to comply with the next sentence hereof), and at the same time the County
shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be
paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee
for such deposit prior to the date of the proposed payment, such money when deposited to be
held in trust for the benefit of the holders of the Series 2011 Bonds entitled to such Defaulted
Interest as provided in this Section. Following receipt of such funds the Trustee shall fix a
Special Record Date for the payment of such Defaulted Interest which shall be not more than 15
nor less than 10 days prior to the date of the proposed payment and not less than 10 days after the
receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify
the County and the Corporation of such Special Record Date and, in the name and at the expense
of the County and the Corporation, shall cause notice of the proposed payment of such Defaulted
Interest and the Special Record Date therefor to be mailed, first -class postage prepaid, to each
holder of a Series 2011 Bond at the address of such holder as it appears on the registration books
kept by the Trustee not less than 10 days prior to such Special Record Date. Such Defaulted
Interest shall be paid to the holders of the Series 2011 Bonds on which such Defaulted Interest is
to be paid in whose names such Series 2011 Bonds are registered on such Special Record Date.
Section 205. Temporary Series 2011 Bonds.
Series 2011 Bonds may be initially issued in temporary form exchangeable for definitive
Series 2011 Bonds of the same Series, if any, when ready for delivery. The temporary Series
2011 Bonds shall be of such denomination or denominations as may be determined by the
County and may contain such reference to any of the provisions of this Series Resolution as may
be appropriate. Every temporary Series 2011 Bond shall be executed by the County and be
authenticated by the Trustee upon the same conditions and in substantially the same manner as
the definitive Series 2011 Bonds. If the County issues temporary Series 2011 Bonds it will
execute and furnish definitive Series 2011 Bonds without delay and thereupon the temporary
Series 2011 Bonds may be surrendered for cancellation in exchange therefor at the Principal
Office of the Trustee, and the Trustee shall authenticate and deliver in exchange for such
temporary Series 2011 Bonds an equal aggregate principal amount of definitive Series 2011
Bonds of the same subseries, if any, and maturity of authorized denominations. Until so
exchanged, the temporary Series 2011 Bonds shall be entitled to the same benefits under this
Series Resolution as definitive Series 2011 Bonds authenticated and delivered hereunder.
Section 206. Mutilated, Lost, Stolen or Destroyed Bonds. In the event a temporary or
definitive Series 2011 Bond is mutilated, lost, stolen or destroyed, the County may execute and
the Trustee may authenticate a new Series 2011 Bond of like form, date, subseries, maturity and
denomination as that mutilated, lost, stolen or destroyed; provided that, in the case of any
mutilated Series 2011 Bond, such mutilated Series 2011 Bond shall first be surrendered to the
Trustee, and in the case of any lost, stolen or destroyed Series 2011 Bond, there shall be first
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furnished to the Trustee evidence of such loss, theft or destruction satisfactory to the County and
the Trustee, together with indemnity satisfactory to them. In the event any such Series 2011
Bond shall have matured, instead of issuing a duplicate Series 2011 Bond, the County or the
Trustee may pay the same without surrender thereof. The County and the Trustee may charge
the holder or owner of such Series 2011 Bond with their reasonable fees and expenses in this
connection.
Section 207. Transfer and Exchange of Series 2011 Bonds; Persons Treated as
Owners. The County shall cause the Bond Register to be kept by the Trustee at its Principal
Offi ce.
Upon surrender for transfer of any Series 2011 Bond at the Principal Office of the
Trustee, the County shall execute and the Trustee shall authenticate and deliver in the name of
the transferee or transferees a new fully registered Series 2011 Bond or Series 2011 Bonds of the
same subseries and maturity and of authorized denomination for the aggregate principal amount
which the registered owner is entitled to receive. Any Series 2011 Bond or Series 2011 Bonds
may be exchanged at said office of the Trustee for a like aggregate principal amount of Series
2011 Bond or Series 2011 Bonds of the same maturity of other authorized denominations. The
execution by the County of any Series 2011 Bond shall constitute full and due authorization of
such Series 2011 Bond, and the Trustee shall thereby be authorized to authenticate, date and
deliver such Series 2011 Bond.
On each date on which the Trustee authenticates and delivers a Series 2011 Bond, it shall
complete the information required to be inserted by the form of Series 2011 Bond and shall keep
a record of such information.
All Series 2011 Bonds presented for transfer or exchange shall be accompanied by a
written instrument or instruments of transfer or authorization for exchange, in form and with
guaranty of signature satisfactory to the Trustee, duly executed by the registered owner or by
such owner's duly authorized attorney.
No service charge shall be imposed upon the owner for any exchange or transfer of Series
2011 Bonds. The County, the Corporation and the Trustee may, however, require payment by
the person requesting an exchange or transfer of Series 2011 Bonds of a sum sufficient to cover
any tax, fee or other governmental charge that may be imposed in relation thereto, except in the
case of the issuance of a Series 2011 Bond or Series 2011 Bonds for the unredeemed portion of a
Series 2011 Bond surrendered for redemption.
The County, the Trustee and any Paying Agent shall not be required to register the
transfer or exchange of any Series 2011 Bond (i) after notice calling such Series 2011 Bond or
portion thereof for redemption has been mailed or (ii) during the fifteen day period next
preceding the mailing of a notice of redemption of the Series 2011 Bonds of the same Series, if
any, and maturity.
New Series 2011 Bonds delivered upon any transfer or exchange shall be valid
obligations of the County, evidencing the same debt as the Series 2011 Bonds surrendered, shall
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be secured by the Bond Order and this Series Resolution and shall be entitled to all of the
security and benefits hereof to the same extent as the Series 2011 Bond surrendered.
The County, the Trustee and any Paying Agent may treat the registered owner of any
Series 2011 Bond as the absolute owner thereof for all purposes, whether or not such Series 2011
Bond shall be overdue, and shall not be bound by any notice to the contrary. All payments of or
on account of the principal of and premium, if any, and interest on any such Series 2011 Bond as
herein provided shall be made only to or upon the written order of the registered owner thereof
or his legal representative, but such registration may be changed as herein provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2011
Bond to the extent of the sum or sums so paid.
Any Series 2011 Bond surrendered for the purpose of payment or retirement or for
exchange or transfer or for replacement pursuant to this Section 207 shall be cancelled upon
surrender thereof to the Trustee or any Paying Agent. Any such Series 2011 Bonds cancelled by
any Paying Agent other than the Trustee shall be promptly transmitted by such Paying Agent to
the Trustee. Certification of Series 2011 Bonds cancelled by the Trustee and Series 2011 Bonds
cancelled by a Paying Agent other than the Trustee which are transmitted to the Trustee shall be
made to the County and to the Corporation. Cancelled Series 2011 Bonds may be destroyed by
the Trustee unless instructions to the contrary are received from the County and the Corporation.
Section 208. Book -Entry only System. It is intended that the Series 2011 Bonds be
registered so as to participate in a securities depository system with the Securities Depository, as
set forth herein. The Series 2011 Bonds shall be initially issued in the form of a separate single
fully registered Series 2011 Bond for each date on which the Series 2011 Bonds are stated to
mature. Upon initial issuance, the ownership of each such Series 2011 Bond shall be registered
on the Bond Register in the name of Cede & Co., or any successor thereto, as nominee for the
Securities Depository. The County's Letter of Representations is on file with the Securities
Depository.
With respect to Series 2011 Bonds registered in the Bond Register in the name of Cede &
Co., as nominee of the Securities Depository, the County and the Trustee shall have no
responsibility or obligation to any broker - dealer, bank or other financial institution for which the
Securities Depository holds Series 2011 Bonds from time to time as securities depository (each
such broker - dealer, bank or other financial institution being referred to herein as a "Depository
Participant ") or to any person on behalf of whom such a Depository Participant holds an interest
in the Series 2011 Bonds (each such person being herein referred to as an "Indirect Participant ").
Without limiting the immediately preceding sentence, the County and the Trustee shall have no
responsibility or obligation with respect to (a) the accuracy of the records of the Securities
Depository, Cede & Co., any Depository Participant or any Indirect Participant with respect to
the ownership interest in the Series 2011 Bonds, (b) the delivery to any Depository Participant or
any Indirect Participant or any other person, other than a registered owner of a Series 2011 Bond
as shown in the Bond Register, of any notice with respect to the Series 2011 Bonds, including
any notice of redemption, (c) the payment to any Depository Participant or Indirect Participant or
any other person, other than a registered owner of a Series 2011 Bond as shown in the Bond
Register, of any amount with respect to principal of, premium, if any, or interest on, the Series
2011 Bonds, (d) any consent given by the Securities Depository as registered owner, or (e)
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subject to Article III hereof, the selection by the Securities Depository or any Depository
Participant of any beneficial owners to receive payment if Series 2011 Bonds are redeemed in
part. While in the Securities Depository System, no person other than Cede & Co., or any
successor thereto, as Securities Depository Nominee for the Securities Depository, shall receive
a Series 2011 Bond certificate with respect to any Series 2011 Bond. Upon delivery by the
Securities Depository to the Trustee of written notice from the Securities Depository to the effect
that the Securities Depository has determined to substitute a new Security Depository Nominee
in place of Cede & Co., and subject to the provisions hereof with respect to the payment of
interest by the mailing of checks or drafts to the registered owners of Series 2011 Bonds at the
close of business on the Record Date applicable to any interest payment date, the name "Cede &
Co." in this Series Resolution shall refer to such new Securities Depository Nominee of the
Securities Depository.
Section 209. Successor Securities Depository; Transfers Outside Book -Entry Only
System. In the event that (a) the Trustee determines that the Securities Depository is incapable
of discharging its responsibilities described herein and in the Letter of Representations, (b) the
Letter of Representations shall be terminated for any reason or (c) the Corporation or the County
determines that it is in the best interests of the beneficial owners of the Series 2011 Bonds that
they be able to obtain certificated Series 2011 Bonds, the County shall (i) appoint a successor
securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange
Act of 1934, as amended, notify the Securities Depository and the DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Series
2011 Bond certificates to such successor securities depository or (ii) notify the Securities
Depository of the availability through the Securities Depository of Series 2011 Bond certificates
and transfer one or more separate Series 2011 Bond certificates to DTC Participants having
Series 2011 Bonds credited to their Securities Depository accounts. In such event, the Series
2011 Bonds shall no longer be restricted to being registered on the Bond Register in the name of
Cede & Co., as nominee of the Securities Depository but may be registered in the name of the
successor security depository, or its nominee, in whatever name or names registered owners of
Series 2011 Bonds transferring or exchanging Series 2011 Bonds shall designate, in accordance
with the provisions hereof.
Section 210. Payments and Notices to Cede & Co. Notwithstanding any other
provision of this Series Resolution to the contrary, so long as any Series 2011 Bond is registered
in the name of Cede & Co., as nominee of the Securities Depository, all payments with respect to
principal of, premium, if any, and interest on such Series 2011 Bond and all notices with respect
to such Series 2011 Bond shall be made and given, respectively, in the manner provided in the
Letter of Representations.
Section 211. Conditions Precedent to Initial Delivery of Series 2011 Bonds.
The Series 2011 Bonds shall be deposited with the Trustee for authentication, but before
the Series 2011 Bonds shall be delivered by the Trustee, there shall be filed with the Trustee the
documents required by Section 208 of the Bond Order and the following:
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(a) a copy, duly certified by the Clerk to the Board of Commissioners of the County
to be a true and correct copy, of the Bond Order, this Series Resolution and the Seventh
Amendment to Lease Agreement;
(b) a copy, duly certified by the Secretary or Assistant Secretary of the Corporation to
be a true and correct copy, of the resolutions adopted by the Board of Trustees of the Corporation
authorizing the execution, delivery and performance of the Seventh Amendment to the Lease
Agreement and the Purchase Agreement and approving this Series Resolution, the issuance and
sale of the Series 2011 Bonds, the Preliminary Official Statement and the Official Statement
related to the Series 2011 Bonds;
(c) an Opinion of Counsel for the County to the effect that (i) the County or the
Corporation has obtained from such governmental authorities, boards, agencies, or commissions
having jurisdiction over the Health Care System all approvals, consents, authorizations,
certifications, and other orders that are necessary for the operation of the Health Care System
that reasonably could have been obtained as of the date of delivery of the Series 2011 Bonds and
that if further approvals, consents, authorizations, certifications, and orders are necessary for the
operation of the Health Care System such counsel has no reason to believe that the County or the
Corporation will not be able to obtain the same, when required, (ii) the Bond Order, this Series
Resolution and all other resolutions relating to the issuance of the Series 2011 Bonds have been
duly adopted at meetings of the Board duly called and held in accordance with law and at which
quorums were present and acting throughout, and that the Bond Order, this Series Resolution and
such other resolutions remain in full force and effect and have not been amended or modified in
any respect, (iii) the form, terms, execution and issuance of the Series 2011 Bonds have been
duly authorized, (iv) the form and terms of the Bond Order and this Series Resolution for the
Series 2011 Bonds have been duly authorized, (v) each of the Bond Order, this Series Resolution
constitutes a binding and valid agreement of the County that is enforceable in accordance with its
terms, (vi) no provision of the Bond Order, this Series Resolution or the Purchase Agreement
violates any federal or North Carolina statutory or constitutional provision, including without
limitation, any provisions of the Act or results in or constitutes a default under or conflicts with
any agreement, indenture, or other instrument to which the County is a party or by which it may
be bound, or any current order, rule, regulation, decree, or ordinance of any court, government,
governmental authority or body having jurisdiction over the County or its property, and of which
she has knowledge after due inquiry, (vii) the adoption of the Bond Order and this Series
Resolution is not subject to any authorization, consent, approval, or review of any governmental
body, public officer, or regulatory authority required on the date of her opinion and not
theretofore obtained or effected, (viii) there is no litigation, proceeding, or governmental
investigation pending or threatened before any court or governmental agency or body
challenging the validity of the Bond Order, this Series Resolution, the Purchase Agreement or
the Seventh Amendment to Lease Agreement or the transactions contemplated therein, or of the
Series 2011 Bonds, or the corporate existence or the boundaries of the County or the title of any
of the officers of the County to their respective offices, and (ix) all conditions precedent to the
delivery of the Series 2011 Bonds have been fulfilled;
(d) an Opinion of Counsel for the Corporation to the effect that (i) the County or the
Corporation has obtained from such governmental authorities, boards, agencies, or commissions
having jurisdiction over the Health Care System all approvals, consents, authorizations,
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certifications, and other orders that are necessary for the operation of the Health Care System
that reasonably could have been obtained as of the date of delivery of the Series 2011 Bonds and
that if further approvals, consents, authorizations, certifications, and orders are necessary for the
operation of the Health Care System such counsel has no reason to believe that the County or the
Corporation will not be able to obtain the same, when required, (ii) the Bond Order, this Series
Resolution and all other resolutions relating to the issuance of the Series 2011 Bonds have been
duly approved at meetings of the Board of Trustees of the Corporation duly called and held in
accordance with law and at which quorums were present and acting throughout, (iii) the
execution, delivery and performance of the Seventh Amendment to Lease Agreement and the
Purchase Agreement have been duly approved at meetings of the Board of Trustees of the
Corporation duly called and held in accordance with law and at which quorums were present and
acting throughout, and (iv) there is no litigation, proceeding, or governmental investigation
pending or threatened before any court or governmental agency or body challenging the validity
of the Bond Order, this Series Resolution, the Seventh Amendment to Lease Agreement, the
Purchase Agreement or the transactions contemplated therein, or of the Series 2011 Bonds, or the
corporate existence of the Corporation or the title of any of the officers of the Corporation to
their respective offices;
(e) an Opinion of Bond Counsel to the effect that the issuance of the Series 2011
Bonds has been duly authorized, that the Series 2011 Bonds constitute valid and binding special
obligations of the County in accordance with their terms and that assuming compliance with the
requirements of the Code and certain covenants in this Series Resolution and the Tax
Compliance Certificate, under existing law interest on the Series 2011 Bonds is excluded from
gross income for federal income tax purposes and is exempt from North Carolina income taxes;
(fj an Issuance, Sale and Closing Certificate setting forth the following:
(1) the aggregate principal amount of Series 2011 Bonds to be issued, not in
excess of the maximum amount previously established in Section 201,
(2) the designation of and the schedule of maturities and amounts of the Serial
Bonds,
(3) the designation of and the Sinking Fund Requirements for an amount of
the Term Bonds,
(4) the rates of interest for each of the Serial Bonds and the Term Bonds,
(5) the optional redemption dates and redemption premium, if any; and
(g) evidence of compliance with Section 1201 of the Bond Order
When the documents mentioned in Section 208 of the Bond Order and paragraphs (a) to
(g), inclusive, of this Section shall have been filed with the Trustee and when the Series 2011
Bonds shall have been executed and authenticated as required by this Series Resolution and the
Bond Order, the Trustee shall deliver the Series 2011 Bonds at one time to the State Treasurer
for delivery to the Securities Depository, but only upon payment to the Trustee of the purchase
price of the Series 2011 Bonds.
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Section 212. Authorization of Refunding and Optional Redemption of Series 1999
Bonds.
Upon the direction of a Corporation Representative, the County Manager and the Finance
Director are each hereby authorized to determine on the date of sale of the Series 2011 Bonds
whether it is in the best interests of the County to refund or not to refund all or any portion of the
outstanding Series 1999 Bonds and which maturities of the outstanding Series 1999 Bonds are to
be so refunded, so long as such refunding will result in net present value debt service savings that
equals or exceeds 3.00% of the Series 2011 Bonds.
Upon the direction of a Corporation Representative, the Board hereby directs that the
Series 1999 Bonds maturing on or after October 1, 2012 be called for optional redemption on
October 1, 2011, subject to the refunding of such Series 1999 Bonds in connection with the
issuance of the Series 2011 Bonds. The distribution of a conditional notice of redemption of
such Series 1999 Bonds in the manner set forth therein and in the Series Resolution authorizing
the issuance of the Series 1999 Bonds is hereby ratified, authorized and approved.
ARTICLE III.
REDEMPTION OF BONDS
Section 301. Redemption Dates and Prices.
(A) Optional and Extraordinary Redemption. The Series 2011 Bonds are subject to
redemption by the County at the direction of the Corporation in whole or in part on any date at a
Redemption Price equal to 100% of the principal amount thereof, without premium, plus accrued
interest to the Redemption Date, to the extent available, from Net Proceeds (as defined in the
Bond Order) resulting from insurance carried or maintained with respect to the Health Care
System as required by clauses (ii) and (v) of Section 608(a) of the Bond Order, and Net Proceeds
resulting from Eminent Domain (as defined in the Bond Order) proceedings, pursuant to Section
609 of the Bond Order, to the extent such Net Proceeds exceed 10% of Net Book Value (as
defined in the Bond Order). The Series 2011 Bonds are also sub j ect to mandatory redemption in
whole only on any date to the extent available from money deposited by the Corporation in the
Redemption Fund at a Redemption Price equal to 100% of the principal amount thereof, without
premium, plus accrued interest to the Redemption Date in the event that, by reason of any change
in any federal or State law or of any legislative, administrative or judicial action or
administrative failure of action, (i) the Lease becomes unenforceable or impossible to perform
without unreasonable delay or (ii) unreasonable burdens or excessive liabilities are imposed on
the County or the Corporation, including, without limitation, the imposition of federal, state or
other ad valorem property, income or other taxes not being imposed on the date of the Lease.
(B) Terms of Redemption.
(1) Optional Redemption of Series 2011 Bonds. The Series 2011 Bonds shall
be subject to redemption at the option of the County, at the direction of the Corporation,
in the manner and upon the terms set forth in the Issuance, Sale and Closing Certificate.
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(2) Sinking Fund Account Redemption. The Series 2011 Bonds designated as
Term Bonds in the Issuance, Sale and Closing Certificate shall be redeemed pursuant to
mandatory sinking fund redemption on October 1 in the year or years and principal
amounts as set forth in the Issuance, Sale and Closing Certificate, at a Redemption Price
equal to 100% of the principal amount of such Series 2011 Bonds to be redeemed, plus
accrued interest to the Redemption Date.
(3) Minimum Redemption Amount. No redemption of less than all of the
Series 2011 Bonds of a Series at the time outstanding shall be made pursuant to the
provisions of Section 301 unless (i) the aggregate principal amount of such Series 2011
Bonds to be redeemed is equal to or greater than $100,000 and (ii) the Series 2011 Bonds
are redeemed in Authorized Denominations.
(C) Purchase in Lieu of Redemption In lieu of redeeming Series 2011 Bonds
pursuant to this Section 301, the Trustee may, at the request of the County, upon the direction of
the Corporation, use such funds otherwise available hereunder for redemption of Series 2011
Bonds to purchase Series 2011 Bonds identified by the County, upon the direction of the
Corporation, at a price specified by the County, upon the direction of the Corporation, not
exceeding the Redemption Price then applicable hereunder. In the case of any optional or
extraordinary redemption or any purchase and cancellation of Series 2011 Bonds, the Trustee
shall apply as a credit against the required Sinking Fund Account deposits with respect to such
Term Bonds the amount of such Term Bonds in such order as the County, upon the direction of
the Corporation, elects in writing prior to such optional or extraordinary redemption or purchase
and cancellation or, if no election is made, in the inverse order thereof. The Trustee shall cancel
all such Series 2011 Bonds purchased pursuant to this Section 301(C).
Section 302. Notice of Redemption; Selection of Series 2011 Bonds for
Redemption; and Cancellation. (A) Not less than thirty (30) days but not more than sixty (60)
days before the redemption date of any Series 2011 Bonds, whether such redemption be in whole
or in part, the Trustee shall cause a notice of any redemption signed by the Trustee to be mailed,
postage prepaid, to all Holders owning Series 2011 Bonds to be redeemed in whole or in part
provided that notice to the Securities Depository shall be sent in accordance with the Securities
Depository's policies and procedures. Failure to mail any such notice to any Holder or any
defect in any notice so mailed shall not affect the validity of the proceedings for the redemption
of the Series 2011 Bonds of any other Holders to whom notice was properly given. Each such
notice shall set forth: the CUSIP numbers and bond certificate numbers of the Series 2011 Bonds
to be redeemed, the interest rate of the Series 2011 Bonds to be redeemed, the Date of Original
Issuance of the Series 2011 Bonds to be redeemed, the Redemption Date, the Redemption Price
to be paid, the maturities of the Series 2011 Bonds to be redeemed and, in the case of Series
2011 Bonds to be redeemed in part only, the portion of the principal amount thereof to be
redeemed, the address and telephone number of the Trustee, the date of the redemption notice,
and that on the Redemption Date the Series 2011 Bonds called for redemption will be payable at
the principal corporate trust office of the Trustee, that from that date interest will cease to accrue
and be payable and that no representation is made as to the accuracy or correctness of the CUSIP
numbers printed therein or on the Series 2011 Bonds. If any Series 2011 Bond is to be redeemed
in part only, the notice of redemption shall state also that on or after the Redemption Date, upon
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surrender of such Series 2011 Bond, a new Series 2011 Bond in principal amount equal to the
unredeemed portion of such Series 2011 Bond will be issued.
Any notice of redemption, except a notice of redemption in respect of a mandatory
sinking fund redemption, at the direction of the Corporation, may state that the redemption to be
effected is conditioned upon the receipt by the Trustee on or prior to the Redemption Date of
moneys sufficient to pay the principal of and premium, if any, and interest on the Series 2011
Bonds or portions thereof to be redeemed, and if such moneys are not so received, such notice
shall be of no force or effect and such Series 2011 Bonds shall not be required to be redeemed.
In the event that such notice contains such a condition and moneys sufficient to pay the principal
of and premium, if any, and interest on such Series 2011 Bonds are not received by the Trustee
on or prior to the Redemption Date, the redemption shall not be made, and the Trustee shall
within a reasonable time thereafter give notice, in the manner in which the notice of redemption
was given, that such moneys were not so received.
In addition, at least 30 days before the Redemption Date, such notice shall be given by
first class mail, postage prepaid, to the Local Government Commission. Neither failure to give
any such notice nor any defect in any such notice so given to the Local Government Commission
shall affect the sufficiency of the proceedings for the redemption of such Series 2011 Bonds.
Notice of redemption of Series 2011 Bonds shall be given by the Trustee, at the expense
of the Corporation, for and on behalf of the County.
(B) The Series 2011 Bonds shall be redeemed only in Authorized Denominations. If
less than all the Series 2011 Bonds are called for redemption, the Series 2011 Bonds of each
maturity to be so redeemed shall be called for redemption in the manner set forth in a certificate
of the Corporation filed with the Trustee. If less than all of the Series 2011 Bonds of any one
maturity are to be called for redemption, the Trustee shall select the Series 2011 Bonds of each
such maturity to be redeemed by lot, each $5,000 portion of principal being counted as one
Series 2011 Bond for this purpose; provided, however, that so long as the only Owner of the
Series 2011 Bonds is a Securities Depository Nominee, such selection shall be made by the
Securities Depository by lot in accordance with its operating rules and procedures.
(C) If less than all of a Series 2011 Bond is selected for redemption, the Owner
thereof shall present and surrender such Series 2011 Bond to the Trustee for payment of the
principal amount thereof so called for redemption, and the redemption premium, if any, on such
principal amount, and the County shall, if necessary, execute and the Trustee shall authenticate
and deliver to or upon the order of such Owner, without charge, for the unredeemed portion of
the principal amount of the Series 2011 Bond so surrendered, a new Series 2011 Bond of the
same maturity and designation, bearing interest at the same rate of any Authorized
Denominations.
(D) Series 2011 Bonds presented and surrendered in accordance with the provisions
of this Section shall be canceled upon the surrender thereof.
(E) On or before the date upon which Series 2011 Bonds are to be redeemed, the
County shall deposit, or cause to be deposited, with the Trustee money or Defeasance
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Obligations, or a combination of both, that will be sufficient to pay on the Redemption Date the
Redemption Price of, and interest accruing on, the Series 2011 Bonds or portions thereof to be
redeemed on such Redemption Date.
On the Redemption Date, notice having been given in the manner and under the
conditions hereinabove provided, the Series 2011 Bonds or portions thereof called for
redemption shall be due and payable at the Redemption Price provided therefor, plus accrued
interest to such date (except in the case of a conditional redemption authorized by Section
302(A) if moneys are not so available), and if moneys sufficient to pay the Redemption Price of
the Series 2011 Bonds or portions thereof to be redeemed plus accrued interest thereon to the
Redemption Date are held by the Trustee in trust for the owners of the Series 2011 Bonds or
portions thereof to be redeemed, interest on the Series 2011 Bonds or portions thereof called for
redemption shall cease to accrue on such Redemption Date; such Series 2011 Bonds or portions
thereof shall cease to be entitled to any benefits or security under the Bond Order or this Series
Resolution or to be deemed Outstanding; and the owners of such Series 2011 Bonds or portions
thereof shall have no rights in respect thereof except to receive payment of the Redemption Price
thereof, plus accrued interest to the Redemption Date.
ARTICLE IV.
APPLICATION OF SERIES 2011 BOND PROCEEDS
Section 401. Deposit of Funds. (A) The net proceeds from the sale of the Series 2011
Bonds shall be applied as follows:
(i) To the Trustee the Redemption Price of the Series 1999 Bonds,
less the amount available from existing debt service funds, to be paid to the
Holders of the Series 1999 Bonds; and
(ii) The balance of the proceeds shall be deposited to the Expense
Fund to pay the costs of issuance of the Series 2011 Bonds.
Section 402. Expense Fund. The County shall establish with the Trustee a separate
fund to be known as the "Expense Fund —New Hanover Regional Medical Center — Series 2011"
(the "Expense Fund "). Amounts on deposit in the Expense Fund shall be disbursed upon the
written request of the Corporation and the County for the payment of expenses for any recording,
trustee's and depository's fees and expenses, accounting and legal fees, financing costs, and
other fees and expenses incurred or to be incurred by or on behalf of the County or the
Corporation in connection with or incident to the issuance and sale of the Series 2011 Bonds and
the refunding of the outstanding Series 1999 Bonds. At such time as the Trustee is furnished
with a written notice of the Corporation stating that all such fees and expenses have been paid,
the Trustee shall, upon the written request of the Corporation, transfer any moneys remaining in
the Expense Fund to the Interest Account and the Trustee shall close the Expense Fund.
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ARTICLE V.
SECURITY; FUNDS AND ACCOUNTS
Section 501. Security for the Series 2011 Bonds. In addition to the security for the
Series 2011 Bonds granted by the County pursuant to Section 405 of the Bond Order, the County
hereby grants to the Holders and to the Trustee, on behalf of the Holders, a pledge of the money
and securities in the funds and accounts established under this Series Resolution, and the income
from the temporary investment thereof.
Section 502. Establishment of Funds and Accounts. There are hereby established
with the Trustee the following funds and accounts:
(A) The New Hanover County 2011 New Hanover Regional Medical Center Revenue
Bond Fund in which there are established three special accounts to be known as the Principal
Account, Interest Account and the Sinking Fund Account; and
(B) The New Hanover County 2011 New Hanover Regional Medical Center
Redemption Fund.
Section 503. Principal Account. On or prior to three Business Days next preceding
each October 1, the Trustee shall deposit in the Principal Account, beginning on the date set forth
in the Issuance, Sale and Closing Certificate, such amounts as shall be sufficient to make full and
timely payments of the principal of all Serial Bonds due on the next ensuing October 1;
provided, however, that no deposit pursuant to this paragraph need be made to the extent that
there is a sufficient amount already on deposit in the Principal Account for that purpose. If
sufficient funds to make the transfers described in this Section 503 are not available in the Bond
Fund on the third Business Day preceding each October 1, the Trustee will give Immediate
Notice thereof to the County, Corporation and the Local Government Commission, promptly
confirmed in writing.
Section 504. Interest Account. On or prior to three Business Days next preceding each
Interest Payment Date, the Trustee shall deposit in the Interest Account an amount which will be
equal to the interest to become due on the Series 2011 Bonds on such Interest Payment Date;
provided, however, that no deposit pursuant to this paragraph need be made to the extent that
there is a sufficient amount already on deposit in the Interest Account for that purpose. If
sufficient funds to make the transfers described in this Section 504 are not available in the Bond
Fund on the third Business Day preceding an Interest Payment Date, the Trustee will give
Immediate Notice thereof to the County and the Corporation, promptly confirmed in writing.
Section 505. Sinking Fund Account. On or prior to three Business Days preceding
each Maturity Date and each mandatory Sinking Fund Account Redemption Date, the Trustee
shall deposit in the Sinking Fund Account an amount which is equal to the principal of the Series
2011 Bonds next to become due by maturity or mandatory Sinking Fund Account redemption.
No such deposit need be made, however, to the extent that there is a sufficient amount already on
deposit and available for such purpose in the Sinking Fund Account to be applied to such next
maturity or mandatory Sinking Fund Account redemption payment. If sufficient funds to make
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the transfers to the Sinking Fund Account described in this Section 505 are not available on the
third Business Day preceding any Maturity Date or mandatory Sinking Fund Account
Redemption Date, the Trustee will give Immediate Notice thereof to the County and the
Corporation.
Moneys on deposit in the Sinking Fund Account, other than income earned thereon which
is to be transferred to other funds created hereunder and except as otherwise provided in the
Bond Order, shall be applied by the Trustee to pay principal on the Series 2011 Bonds as it
becomes due and to redeem the Series 2011 Bonds in accordance with the mandatory Sinking
Fund Account redemption schedule provided for in Section 301 hereof. In lieu of such
mandatory Sinking Fund Account redemption, the Trustee shall, at the written request of the
Corporation, purchase for cancellation an equal principal amount of Series 2011 Bonds of the
Series and maturity to be redeemed in the open market identified by the Corporation at prices
specified by the Corporation not exceeding the principal amount of the Series 2011 Bonds being
purchased plus accrued interest with such interest portion of the purchase price to be paid from
the Interest Account and the principal portion of such purchase price to be paid from the Sinking
Fund Account. In addition, the amount of Series 2011 Bonds to be redeemed on any date
pursuant to the mandatory Sinking Fund Account redemption schedule shall be reduced by the
principal amount of Series 2011 Bonds of the Series and maturity required to be redeemed which
are acquired by the County or the Corporation and delivered to the Trustee for cancellation.
Section 506. Redemption Fund. In the event of a deposit with the Trustee by the
County of moneys from any other source for redeeming Series 2011 Bonds or the purchase of
Series 2011 Bonds for cancellation, except as otherwise provided in this Series Resolution, such
moneys shall be deposited in the Redemption Fund. Moneys on deposit in the Redemption Fund
shall be used for the redemption or purchase of Series 2011 Bonds in accordance with the
provisions of Article III hereof.
ARTICLE VI.
DEPOSITORIES OF MONEY, SECURITY FOR DEPOSITS,
INVESTMENT OF FUNDS
Section 601. Security for Deposits. Any and all money deposited or cause to be
deposited by the County with the Trustee (or one or more other Depositaries as provided in the
Bond Order), except for the amounts in the Operating Fund to be used to pay Operating
Expenses, shall be trust funds under the terms hereof and shall not be subject to any lien or
attachment by any creditor of the County or the Corporation. Such money shall be held in trust
and applied in accordance with the provisions of this Series Resolution and the Bond Order.
Until money deposited with the Trustee or any other Depositary hereunder is invested in
Investment Obligations, the amount of money in excess of the amount guaranteed by the Federal
Deposit Insurance Corporation or other federal agency shall be continuously secured, for the
benefit of the County and the Holders, either (a) by lodging with a bank or trust company chosen
by the Trustee as custodian or, if then permitted by law, by setting aside under control of the trust
department of the bank holding such deposit, as collateral security, Government Obligations or
other marketable securities eligible as security for the deposit of trust funds under regulations of
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the Comptroller of the Currency of the United States or applicable State law or regulations,
having a market value (exclusive of accrued interest) not less than the amount of such deposit, or
(b) if the furnishing of security as provided in clause (a) above is not permitted by applicable
law, then in such other manner as may then be required or permitted by applicable State or
federal laws and regulations regarding the security for, or granting a preference in the case of, the
deposit of trust funds; provided, however, that it shall not be necessary for the Trustee to give
security for the deposit of any money with it for the payment of the principal of or the
redemption premium or the interest on any Series 2011 Bonds, or for the Trustee or any
Depositary to give security for any money that shall be represented by obligations purchased
under the provisions of this Article as an investment of such money.
All money deposited with the Trustee or any Depositary shall be credited to the particular
fund or account to which such money belongs.
Section 602. Investment of Money. Money held for the credit of all funds and accounts
created under this Series Resolution or the Bond Order shall be continuously invested and
reinvested by the Trustee in Investment Obligations to the extent practicable. Any such
Investment Obligations shall mature not later than the respective dates when the money held for
the credit of such funds or accounts will be required for the purposes intended. Notwithstanding
the foregoing, no Investment Obligations in any fund or account may mature beyond the latest
maturity date of any Series 2011 Bonds Outstanding at the time such Investment Obligations are
deposited. For the purposes of this Section, the maturity date of repurchase agreements is the
maturity date of such repurchase agreements and not the maturity date of the underlying
obligations.
The County or the Corporation may at any time give to the Trustee written directions
respecting the investment of any money required to be invested hereunder, subject, however, to
the provisions of this Article, and the Trustee shall then invest such money under this Section as
so directed by the County or the Corporation. The Trustee may request, in writing, direction or
authorization of the County or the Corporation with respect to the proposed investment of money
under the provisions of this Series Resolution. Upon receipt of such request, accompanied by a
memorandum setting forth the details of any proposed investment, the County or the Corporation
will either approve such proposed investment or will give written directions to the Trustee
respecting the investment of such money and, in the case of such directions, the Trustee shall
then, subject to the provisions of this Article, invest such money in accordance with such
directions.
Investment Obligations acquired with money and credited to any fund or account
established under this Series Resolution or the Bond Order shall be held by or under the control
of the Trustee and while so held shall be deemed at all times to be part of such fund or account in
which such money was originally held, and the interest accruing thereon and any profit or loss
realized upon the disposition or maturity of such investment shall be credited to or charged
against such fund or account. The Trustee shall reduce to cash a sufficient amount of such
Investment Obligations whenever it shall be necessary so to do in order to provide moneys to
make any payment or transfer of moneys from any such fund or account. The Trustee shall not
be liable or responsible for any loss resulting from any such investment.
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Whenever a payment or transfer of money between two or more of the funds or accounts
established pursuant to this Series Resolution or the Bond Order is permitted or required, such
payment or transfer may be made in whole or in part by transfer of one or more Investment
Obligations at a value determined in accordance with this ARTICLE VI, provided that the
Investment Obligations transferred are those in which moneys of the receiving fund or account
could be invested at the date of such transfer.
Section 603. Valuation. For the purpose of determining the amount on deposit to the
credit of any such fund or account, Investment Obligations in which money in any fund or
account is invested shall be valued (a) at cost if such Investment Obligations mature within six
months from the date of valuation thereof, and (b) if such Investment Obligations mature more
than six months after the date of valuation thereof, at the price at which such Investment
Obligations are redeemable by the holder at his option if so redeemable, or, if not so redeemable,
at the lesser of (i) the cost of such Investment Obligations minus the amortization of any
premium or plus the amortization of any discount thereon and (ii) the market value of such
Investment Obligations.
The Investment Obligations in such funds and accounts shall be valued at any time
requested by the County Representative or the Corporation Representative on reasonable notice
to the Trustee (which period of notice may be waived or reduced by the Trustee); provided,
however, that the Trustee shall not be required to value the Investment Obligations more than
once in any calendar month.
ARTICLE VII.
EVENTS OF DEFAULT
Section 701. Events of Default. The events of default set forth in Section 701 of the
Bond Order shall each constitute an Event of Default under this Series Resolution, and the
Trustee shall have all rights and remedies hereunder as set forth in the Bond Order.
ARTICLE VIII.
THE TRUSTEE
Section 801. Acceptance of Duties by Trustee. The Trustee shall signify its acceptance
of the duties and obligations and the trusts imposed upon it by this Series Resolution and the
Bond Order by execution of the certificate of authentication on the Series 2011 Bonds.
ARTICLE IX.
SUPPLEMENTAL SERIES RESOLUTIONS
Section 901. Procedure for Adoption of Supplemental Series Resolutions. The
County may, from time to time and at any time, adopt such resolutions amending and
supplementing the provisions of this Series Resolution in the same manner as is provided in
Sections 1001 and 1002 of the Bond Order for the adoption of supplemental bond orders and the
provisions of said Sections 1001 and 1002 are hereby incorporated herein and made applicable
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hereto in the same manner as if herein set forth. Any amendment to the provisions set forth in
Articles II and III, shall require the prior approval of the Local Government Commission.
Section 902. Exclusion of Series 2011 Bonds. Series 2011 Bonds owned or held by or
for the account of the County or the Corporation or any Affiliate shall not be deemed
Outstanding Bonds for the purpose of any consent or other action or any calculation of
Outstanding Bonds provided for in this Article, or Articles VII, VIII, X or XI of the Bond Order,
and neither of such parties as Holders of such Series 2011 Bonds shall be entitled to consent or
take any other action provided for in this Article, or Articles VII, VIII, X or XI of the Bond
Order. At the time of any consent or other action taken under this Article, or Articles VII, VIII,
X or XI of the Bond Order, the County or the Corporation shall furnish the Trustee a certificate
signed by a County Representative or a Corporation Representative, upon which the Trustee may
rely, describing all Series 2011 Bonds so to be excluded.
ARTICLE X.
DEFEASANCE
Section 1001. Cessation of Interest of Holders and Repeal of Series Resolution. If,
when (a) the Series 2011 Bonds shall have become due and payable in accordance with their
terms or shall have been duly called for redemption, or (b) irrevocable instructions to pay such
Series 2011 Bonds at their respective maturities or to call such Series 2011 Bonds for
redemption, shall have been given by the County to the Trustee, the whole amount of the
principal and the interest and premium, if any, so due and payable upon all Series 2011 Bonds
shall be paid or if the Trustee shall hold sufficient money or noncallable Defeasance Obligations
the principal of and the interest on which, when due and payable, will provide sufficient money
to pay the principal of, and the interest and redemption premium, if any, on all Series 2011
Bonds then Outstanding to the maturity date or dates of such Series 2011 Bonds or to the date or
dates specified for the redemption thereof, (c) sufficient funds shall also have been provided or
provision made for paying all other obligations payable hereunder by the County, in connection
with a refunding as shown by a verification report of an Accountant as to the adequacy of the
escrow, which is delivered to the Trustee, and (d) an Opinion of Counsel is delivered to the
Trustee stating to the effect that the Series 2011 Bonds are deemed paid and no longer
Outstanding, then and in that case the right, title and interest of the Trustee hereunder and the
obligations of the County hereunder shall thereupon cease, and the County shall repeal this
Series Resolution and the Trustee, on demand of the County, shall distribute any surplus in any
and all balances remaining in all funds and accounts, other than money held for the redemption
or payment of Series 2011 Bonds. Otherwise, this Series Resolution shall be, continue and
remain in full force and effect; provided that, in the event Defeasance Obligations shall be
deposited with and held by the Trustee as hereinabove provided, (i) in addition to the
requirements set forth in Article III of this Series Resolution, the Trustee, within thirty (30) days
after such Defeasance Obligations shall have been deposited with it, shall cause a notice signed
by the Trustee to be mailed, postage prepaid, to all Holders setting forth (a) the date or dates, if
any, designated for the redemption of the Series 2011 Bonds, (b) a description of the Defeasance
Obligations so held by it, and (c) that this Series Resolution has been repealed in accordance
with the provisions of this Section, but failure to mail any such notice to any Holder shall not
affect the validity of the defeasance of the Series 2011 Bonds pursuant to this Section and (ii) (a)
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the Trustee shall nevertheless retain such rights, powers and privileges under this Series
Resolution and the Bond Order as may be necessary and convenient in respect of the Series 2011
Bonds for the payment of the principal, interest and any premium for which such Defeasance
Obligations have been deposited and (b) the Trustee shall retain such rights, powers and
privileges under this Series Resolution and the Bond Order as may be necessary and convenient
for the registration, transfer and exchange of Series 2011 Bonds.
All money and Defeasance Obligations held by the Trustee pursuant to this Section shall
be held in trust and applied to the payment, when due, of the obligations payable therewith.
ARTICLE XI.
MISCELLANEOUS PROVISIONS
Section 1101. Manner of Giving Notice. All notices, demands and requests to be given
to or made hereunder by the County and the Trustee shall be given or made in writing and shall
be deemed to be properly given or made if sent by United States registered mail, return receipt
requested, postage prepaid, addressed as follows:
(A) As to the County --
County of New Hanover
230 Governmental Center Drive, Suite 165
Wilmington, North Carolina 28403
Attention: Finance Director
(B) As to the Corporation --
New Hanover Regional Medical Center
2131 S. 17th Street
Wilmington, North Carolina 28401
Attention: Chief Financial Officer
(C) As to the Trustee—
U.S. Bank National Association
Hearst Tower
214 N. Tryon Street, 27 Floor
Charlotte, North Carolina 28202
Attention: Corporate Trust Department
(D) As to the Local Government Commission --
Local Government Commission of North Carolina
4505 Fair Meadow Lane, Suite 102
Raleigh, North Carolina 27607
Attention: Secretary
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Any such notice, demand or request may also be transmitted to the appropriate above -
mentioned party by telegram, telecopy or telephone and shall be deemed to be properly given or
made at the time of such transmission if, and only if, such transmission of notice shall be
confirmed in writing and sent as specified above.
Any of such addresses may be changed at any time upon written notice of such change
sent by United States registered mail, postage prepaid, to the other parties by the party effecting
the change.
Section 1102. Trustee, County, Corporation and Holders Alone Have Rights Under
Series Resolution. Except as herein otherwise expressly provided, nothing in this Series
Resolution, express or implied, is intended or shall be construed to confer upon any person, firm
or corporation, other than the Trustee, the County, the Corporation and the Holders, any right,
remedy or claim, legal or equitable, under or by reason of this Series Resolution or any provision
hereof, this Series Resolution and all its provisions being intended to be and being for the sole
and exclusive benefit of the Trustee, the County, the Corporation and the Holders.
Section 1103. Effect of Partial Invalidity. In case any one or more of the provisions of
this Series Resolution or the Series 2011 Bonds shall for any reason be held to be illegal or
invalid, such illegality or invalidity shall not affect any other provisions of this Series Resolution
or the Series 2011 Bonds, but this Series Resolution and the Series 2011 Bonds shall be
construed and enforced as if such illegal or invalid provisions had not been contained therein. In
case any covenant, stipulation, obligation or agreement contained in the Series 2011 Bonds or
this Series Resolution shall for any reason be held to be in violation of any law, then such
covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation,
obligation or agreement of the County to the full extent permitted by law.
Section 1104. Effect of Covenants. All covenants, stipulations, obligations and
agreements of the County contained in this Series Resolution shall be deemed to be covenants,
stipulations, obligations and agreements of the County to the full extent permitted by the
Constitution and laws of the State. This Series Resolution is adopted with the intent that the laws
of the State shall govern its construction.
Section 1105. Dealing in Series 2011 Bonds. The Trustee and any bank or trust
company acting as Depositary under this Series Resolution and its directors, officers, employees
or agents, and any officer, employee or agent of the Trustee, may in good faith, buy, sell, own,
hold and deal in any Series 2011 Bonds issued under the provisions of this Series Resolution and
may join in any action which any Holder may be entitled to take with like effects as if such
Trustee were not a trustee and such bank or trust company were not a Depositary under this
Series Resolution.
Section 1106. Approval of Purchase Agreement and Seventh Amendment to Lease
Agreement. The form, terms and provisions of the Purchase Agreement, relating to the Series
2011 Bonds and the Seventh Amendment to Lease Agreement, are hereby approved, and the
Chairman or Vice Chairman of the Board of the County and the County Manager are hereby
authorized and directed to execute and deliver the Purchase Agreement and the Seventh
Amendment to Lease Agreement in the forms presented at this meeting together with such
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changes, modifications and additions as he, with the advice of counsel, may deem necessary and
appropriate; such execution shall be conclusive evidence of the authorization and approval
thereof by the County.
Section 1107. Approval of Preliminary Official Statement and Official Statement.
The Chairman or Vice Chairman of the Board of the County and the County Manager are hereby
authorized and directed to execute and deliver the Official Statement, to be dated as of the date
of distribution thereof, relating to the Series 2011 Bonds, in the form presented at this meeting
together with such changes, modifications, and additions as he, with the advice of counsel, may
deem necessary and appropriate; such execution and delivery shall be conclusive evidence of the
approval and authorization in all respects by the County of the form and content thereof. The
County hereby approves distribution of the Preliminary Official Statement relating to the Series
2011 Bonds, authorizes and approves the execution and distribution of the Official Statement and
approves and consents to the use and distribution of copies of such Official Statement, the Bond
Order and this Series Resolution by the underwriters in connection with the public offering of the
Series 2011 Bonds.
Section 1108. Appointment of County Representative and Authorization for Other
Acts. (A) The Chairman and the Vice Chairman of the Board of the County, the County
Manager, the Finance Director and the County Attorney are hereby appointed County
Representatives with full power to carry out the duties set forth in the Bond Order and this Series
Resolution.
(B) The members of the Board of the County and the agents and employees of the
County and the officers and agents of the Trustee are hereby authorized and directed to do all
acts and things required of them by the provisions of the Series 2011 Bonds, the Seventh
Amendment to Lease Agreement, the Bond Order and the Purchase Agreement for the full,
punctual and complete performance of the terms, covenants, provisions and agreements of the
same and also to do all acts and things required of them by the provisions of this Series
Resolution.
(C) The Chairman, the Vice Chairman and the Clerk to the Board of the County, and
the County Manager, the Finance Director and the County Attorney, or any of them, are further
authorized and directed (without limitation except as may be expressly set forth herein) to take
such action and to execute and deliver any such documents, deeds, certificates, undertakings,
agreements or other instruments as they, with the advice of counsel, may deem necessary or
appropriate to effect the transactions contemplated by the Series 2011 Bonds, the Seventh
Amendment to Lease Agreement, the Bond Order, this Series Resolution and the Purchase
Agreement.
Section 1109. No Recourse Against Commissioners, Directors, Officers or Employees
of County, Corporation or Local Government Commission. No recourse, under or upon any
statement, obligation, covenant or agreement contained in this Series Resolution, in any Series
2011 Bond hereby secured or in any document or certification whatsoever, or under any
judgment obtained against the County, the Corporation or the Local Government Commission, or
by the enforcement of any assessment, or by any legal or equitable proceeding by virtue of any
constitution or statute or otherwise, or under any circumstances, shall be had against any
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commissioner, director, officer or employee, as such, of the County, the Corporation or the Local
Government Commission, either directly or through the County, the Corporation, the Local
Government Commission, or otherwise, for the payment, for or to the County or the Corporation,
or any receiver of the County or the Corporation, or for or to any Holder, or otherwise, of any
sum that may be due and unpaid upon any such Series 2011 Bond. Any and all personal liability
of every nature, whether at common law or in equity or by statute or by constitution or
otherwise, of any such commissioner, director, officer or employee, as such, to respond, by
reason of any act or omission on his or her part or otherwise, for the payment, for or to the
County, the Corporation, the Local Government Commission, or any receiver of the County, the
Corporation or the Local Government Commission, or for or to any Holder, or otherwise, of any
sum that may remain due and unpaid upon the Series 2011 Bonds hereby secured or any of them,
is hereby expressly waived and released as an express condition of, and in consideration for, the
adoption of this Series Resolution and the issuance of the Series 2011 Bonds.
Section 1110. Headings. Any heading preceding the text of the several articles hereof,
and any table of contents or marginal notes appended to copies hereof, shall be solely for
convenience of reference and shall not constitute a part of this Series Resolution, nor shall they
affect its meaning, construction or effect.
Section 1111. Continuing Disclosure. The County covenants and agrees that in the
event of the termination of the Lease it shall impose upon any successor lessee of the Existing
Facilities or the Health Care System the same obligations, or if the County shall operate the
Existing Facilities or the Health Care System, the County shall assume and perform the same
obligations, imposed upon the Corporation under the Lease.
If the County fails to comply with the undertaking described above, the Trustee or any
beneficial owner of the Series 2011 Bonds then Outstanding may take action to protect and
enforce the rights of beneficial owners with respect to such undertaking, including an action for
specific performance; provided, however, that failure to comply with such undertaking shall not
be an Event of Default and shall not result in any acceleration of payment of the Series 2011
Bonds.
Section 1112. Arbitrage. The County agrees that money on deposit in any fund or
account maintained in connection with the Series 2011 Bonds, whether or not such money was
derived from the proceeds of the sale of the Series 2011 Bonds or from any other sources, and
whether or not the Series 2011 Bonds are Outstanding hereunder, (i) will not be used in a manner
that would cause the Series 2011 Bonds to be "arbitrage bonds" within the meaning of Section
148 of the Code and applicable regulations thereunder and (ii) will be used in a manner that will
cause the Series 2011 Bonds not to be "arbitrage bonds" within the meaning of Section 148 of
the Code and applicable regulations thereunder. The County shall observe and not violate the
requirements of Section 148 of said Code and any such applicable regulations. In the event the
County is of the opinion that it is necessary to restrict or limit the yield on the investment of
money held by the Trustee pursuant to this Series Resolution, or to use such money in certain
manners, in order to avoid the Series 2011 Bonds being considered "arbitrage bonds" within the
meaning of Section 148 of the Code and the regulations thereunder as such may be applicable to
the Series 2011 Bonds at such time, the County may issue to the Trustee a written certificate to
such effect and appropriate instructions, in which event the Trustee shall take such action as is
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necessary to restrict or limit the yield on such investment or to use such money in accordance
with such certificate and instructions, irrespective of whether the Trustee shares such opinion.
Section 1113. Tax Covenant. The County covenants that it will not take any action, or
fail to take any action, if any such action or failure to take action would adversely affect the
exclusion of interest paid on the Series 2011 Bonds from gross income of the owners thereof for
federal income tax purposes; provided, however, that the County shall have no obligation to pay
any amounts necessary to comply with this covenant other than from Net Revenues or money
received by the County from the Corporation.
Section 1114. Notice to Local Government Commission and Rating Agencies. The
Local Government Commission and each Rating Agency then rating the Series 2011 Bonds shall
receive notice from the Trustee of the following events: any change in the Trustee; any material
change in the Bond Order or this Series Resolution; any acceleration of the Series 2011 Bonds;
and any redemption or defeasance of the Series 2011 Bonds.
Section 1115. Provisions Relating to Local Government Commission. The provisions
contained herein relating to any notice to, approval of or other action by the Local Government
Commission may not be amended, modified or supplemented without the prior written consent
of the Local Government Commission. Any such reference in this Series Resolution to the Local
Government Commission shall include, in each case, any authorized representative of the Local
Government Commission.
Section 1116. Amended and Restated Series Resolution Effective. This Series
Resolution shall take effect immediately upon its adoption.
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Exhibit A
[Form of Series 2011 Bonds]
United States of America
State of North Carolina
County of New Hanover, North Carolina
Hospital Revenue Refunding Bond
(New Hanover Regional Medical Center) Series 2011
R- $
Interest Rate Maturity Date Dated of Ori i nal CUSIP
Issuance
PRINCIPAL SUM:
REGISTERED OWNER: CEDE & CO.
The County of New Hanover (the "County "), a political subdivision of the State of North
Carolina, for value received, hereby promises to pay, solely from the sources and in the manner
hereinafter provided, to the registered owner identified above, or registered assigns, on the
maturity date set forth above (or earlier as hereinafter referred to), upon the presentation and
surrender hereof at the principal corporate trust office of U.S. Bank National Association, in
Raleigh, North Carolina as Paying Agent (the "Paying Agent ") under the Bond Order and the
Series Resolution (both as hereinafter defined), the principal sum set forth above. The County
also promises to pay, but solely from the sources hereinafter provided, interest on this bond
(calculated on the basis of a 360-day year consisting of twelve 30-day months) from the interest
payment date next preceding the date on which it is authenticated, unless it is authenticated on an
interest payment date, in which event it shall bear interest from such interest payment date, or it
is authenticated prior to April 1, 2012, in which event it shall bear interest from its date, payable
on April 1 and October 1 of each year, beginning April 1, 2012, at the rate per annum set forth
above until the principal sum hereof is paid.
Capitalized terms not defined herein shall have the meanings set forth in the Bond Order
adopted by the Board of Commissioners of the County (the "Board ") on October 6, 1993, as
amended by the First Supplemental Bond Order adopted by the Board on January 5, 1999 and
the Second Supplemental Bond Order adopted by the Board on December 7, 2005 (collectively,
the "Bond Order ") and the Amended and Restated Series Resolution adopted by the Board on
August 15, 2011 (the "Series Resolution "). Reference is made to the Bond Order and the Series
Resolution for a more complete statement of the provisions thereof and of the rights of the
County, the Corporation, the Trustee and the registered owners of the Series 2011 Bonds.
Copies of the Bond Order and the Series Resolution are on file and may be inspected at the
principal corporate trust office of the Trustee. By the purchase and acceptance of this Bond the
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registered owner hereof signifies assent to all of the provisions of the Bond Order and the Series
Resolution.
This Bond is a special obligation of the County under the Act. This Bond is secured by a
pledge of, and the principal of, the premium, if any, and interest on this Bond are payable solely
from the Net Revenues and the County's right to receive Net Revenues. This Bond is also
secured by the money and securities in the funds and accounts held by the Trustee under the
Series Resolution, and the income from the temporary investment thereof. This Bond does not
constitute a debt of the County for which the faith and credit and taxing power of the County are
pledged, and the issuance of this Bond will not directly or indirectly or contingently obligate the
County to levy any tax or pledge any form of taxation for the payment hereof.
This Bond is one of a duly authorized series of hospital revenue bonds of the County,
designated "County of New Hanover, North Carolina Hospital Revenue Refunding Bonds (New
Hanover Regional Medical Center) Series 2011" (the "Series 2011 Bonds "), issued pursuant to
the Act, the Bond Order and the Series Resolution for the purpose of providing funds, together
with other available funds, to currently refund all or a portion of the outstanding Series 1999
Bonds and pay certain expenses of issuing the Series 2011 Bonds. In addition to the Series 2011
Bonds, the County has heretofore issued under the Bond Order (a) $79,070,000 Hospital
Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005, $65,240,000 of
which are currently outstanding, (b) $120,000,000 Variable Rate Hospital Revenue Bonds (New
Hanover Regional Medical Center Project) Series 2006, all of which are currently outstanding,
and (b) $40,000,000 Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical
Center Project) Series 2008, $38,590,000 of which are currently outstanding.
The Series 2011 Bonds shall be issuable as registered bonds in Authorized
Denominations. The Series 2011 Bonds will be dated as of the Date of Original Issuance.
This Bond is registered on the Bond Register and may be transferred by the registered
owner hereof at the written request of such registered owner in person or by his duly authorized
attorney, but only in the manner, subject to the limitations and upon the payment of the charges
provided in the Series Resolution and upon surrender and cancellation of this Bond. Upon such
transfer, a new fully registered bond or bonds, without coupons, of the same maturity and of
authorized denominations for the same aggregate principal amount, will be issued to the
transferee in exchange therefor.
The County, the Trustee and any Paying Agent may treat the registered owner of any
Series 2011 Bond as the absolute owner thereof for all purposes, whether or not such Series 2011
Bond shall be overdue, and shall not be bound by any notice to the contrary. All payments of or
on account of the principal of and premium, if any, and interest on any such Bond as herein
provided shall be made only to or upon the written order of the registered owner thereof or his
legal representative, but such registration may be changed as herein provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2011
Bond to the extent of the sum or sums so paid.
The County, the Trustee and any Paying Agent shall not be required to register the
transfer or exchange of any Series 2011 Bond (i) after notice calling such Series 2011 Bond or
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portion thereof for redemption has been mailed or (ii) during the fifteen day period next
preceding the mailing of a notice of redemption of the Series 2011 Bonds of the same Series, if
any, and maturity.
The principal of, premium, if any, and interest on and the Redemption Price of the Series
2011 Bonds shall be payable in currency of the United States of America which, at the respective
dates of payment thereof, is legal tender for the payment of public and private debts.
The principal or Redemption Price of the Series 2011 Bonds shall be payable by check in
lawful money of the United States of America upon presentation at the Principal Office of the
Paying Agent to the Holders of the Series 2011 Bonds on such date. Interest on the Series 2011
Bonds shall be paid to the Person whose name appears on the Bond Register as the Holder
thereof as of the close of business on the Record Date for each Interest Payment Date. Payment
of the interest on the Series 2011 Bonds shall be made by check mailed by first class mail to such
Holder at its address as it appears on such registration books, or, upon the written request of any
Holder of at least $1,000,000 in aggregate principal amount of the Series 2011 Bonds, submitted
to the Trustee at least five Business Days prior to the Record Date, by wire transfer in
immediately available funds to an account within the United States of America designated by
such Holder.
The Series 2011 Bonds are being issued by means of a book -entry system with no
physical distribution of bond certificates to be made except as provided in the Series Resolution.
One bond certificate with respect to each date on which the Series 2011 Bonds are stated to
mature, in the aggregate principal amount of the Series 2011 Bonds stated to mature on such date
and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New
York, New York ( "DTC "), is being issued and required to be deposited with DTC and
immobilized in its custody. The book -entry system will evidence ownership of the Series 2011
Bonds in the principal amount of $5,000 or any whole multiple thereof, with transfers of
ownership effected on the records of DTC and its participants pursuant to rules and procedures
established by DTC and its participants. Transfer of principal, interest and any redemption
premium payments to beneficial owners of the Series 2011 Bonds by participants of DTC will be
the responsibility of such participants and other nominees of such beneficial owners. The
County will not be responsible or liable for such transfers of payments or for maintaining,
supervising or reviewing the records maintained by DTC, its participants or persons acting
through such participants. While Cede & Co. is the registered owner of this Bond,
notwithstanding the provisions hereinabove contained, payments of principal of or redemption
premium, if any, and interest on this Bond shall be made in accordance with the existing
arrangements between the Trustee and DTC.
Defaulted Interest. Defaulted Interest with respect to any Series 2011 Bond shall cease to
be payable to the holder of such Series 2011 Bond on the relevant Record Date and shall be
payable to the holder in whose name such Series 2011 Bond is registered at the close of business
of the Trustee on the Special Record Date for the payment of such Defaulted Interest, which
shall be fixed as provided in the Series Resolution.
Extraordinary Redemption. The Series 2011 Bonds are subject to redemption by the
County at the direction of the Corporation in whole or in part on any date at a Redemption Price
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equal to 100% of the principal amount thereof, without premium, plus accrued interest to the
Redemption Date, from Net Proceeds resulting from insurance carried or maintained with respect
to the Health Care System as required by the Bond Order, and Net Proceeds resulting from
Eminent Domain proceedings, pursuant to the Bond Order, to the extent such Net Proceeds
exceed 10% of Net Book Value. The Series 2011 Bonds are also subject to mandatory
redemption in whole only on any date from money deposited by the Corporation in the
Redemption Fund at a Redemption Price equal to 100% of the principal amount thereof, without
premium, plus accrued interest to the Redemption Date in the event that, by reason of any change
in any federal or State law or of any legislative, administrative or judicial action or
administrative failure of action, (i) the Lease becomes unenforceable or impossible to perform
without unreasonable delay or (ii) unreasonable burdens or excessive liabilities are imposed on
the County or the Corporation, including, without limitation, the imposition of federal, state or
other ad valorem property, income or other taxes not being imposed on the date of the Lease.
Optional Redemption. The Series 2011 Bonds maturing on or after October 1, will be
subject to redemption by the County, at the direction of the Corporation, in whole or in part on
any date on or after October 1, , at a Redemption Price equal to 100% of the principal amount
of the Series 2011 Bonds to be redeemed, together with interest accrued thereon to the
Redemption Date, all in the manner provided in the Bond Order and the Series Resolution.
Mandatory Sinking Fund Redemption. The Series 2011 Bonds shall be redeemed
pursuant to mandatory sinking fund redemption on the first Business Day of October in the
following years and amounts at a Redemption Price equal to 100% of the principal amount of
such Series 2011 Bonds to be redeemed, plus accrued interest to the Redemption Date:
Principal Principal
Year Amount Year Amount
The amounts referred to above shall be reduced (i) by the amount of Series 2011 Bonds
acquired and delivered in accordance with the Series Resolution in satisfaction of such Sinking
Fund Account requirements and (ii) in connection with a partial redemption of Series 2011
Bonds if the Corporation elects to reduce mandatory Sinking Fund Account redemptions for the
Series 2011 Bonds in the manner provided in the Series Resolution. Payment or redemption of
the Series 2011 Bonds through the Sinking Fund Account shall be without premium. The Series
2011 Bonds shall be redeemed by the Trustee pursuant to the provisions of this paragraph
without any notice from or direction by the County or the Corporation.
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Purchase in Lieu of Redemption. In lieu of redeeming Series 2011 Bonds, the Trustee
may, at the request of the County, upon the direction of the Corporation, use such funds
otherwise available hereunder for redemption of Series 2011 Bonds to purchase Series 2011
Bonds identified by the County, upon the direction of the Corporation, in the open market for
cancellation at a price specified by the County, upon the direction of the Corporation, not
exceeding the Redemption Price then applicable hereunder. In the case of any optional or
extraordinary redemption or any purchase and cancellation of term Series 2011 Bonds, the
Trustee shall apply as a credit against the required Sinking Fund Account deposits with respect
to such term bonds the amount of such term bonds in such order as the County, upon the
direction of the Corporation, elects in writing prior to such optional or extraordinary redemption
or purchase and cancellation or, if no election is made, in the inverse order thereof. The Trustee
shall cancel all such Series 2011 Bonds purchased pursuant to this paragraph.
General Redemption Provisions. Not less than 30 days but not more than 60 days before
the redemption date of any Series 2011 Bonds, whether such redemption be in whole or in part,
the Trustee shall cause a notice of any redemption signed by the Trustee to be mailed, postage
prepaid, to all Holders owning Series 2011 Bonds to be redeemed in whole or in part provided
that notice to the Securities Depository shall be sent in accordance with the Securities
Depository's policies and procedures. Failure to mail any such notice to any Holder or any
defect in any notice so mailed shall not affect the validity of the proceedings for the redemption
of the Series 2011 Bonds of any other Holders to whom notice was properly given. Each such
notice shall set forth: the CUSIP numbers and bond certificate numbers of the Series 2011 Bonds
to be redeemed, the interest rate of the Series 2011 Bonds to be redeemed, the Date of Original
Issuance of the Series 2011 Bonds to be redeemed, the Redemption Date, the Redemption Price
to be paid, the maturities of the Series 2011 Bonds to be redeemed and, in the case of Series
2011 Bonds to be redeemed in part only, the portion of the principal amount thereof to be
redeemed, the address and telephone number of the Trustee, the date of the redemption notice,
and that on the Redemption Date the Series 2011 Bonds called for redemption will be payable at
the principal corporate trust office of the Trustee, that from that date interest will cease to accrue
and be payable and that no representation is made as to the accuracy or correctness of the CUSIP
numbers printed therein or on the Series 2011 Bonds. If any Series 2011 Bond is to be redeemed
in part only, the notice of redemption shall state also that on or after the Redemption Date, upon
surrender of such Series 2011 Bond, a new Series 2011 Bond in principal amount equal to the
unredeemed portion of such Series 2011 Bond will be issued.
Any notice of redemption, except a notice of redemption in respect of a mandatory
sinking fund redemption, at the direction of the Corporation, may state that the redemption to be
effected is conditioned upon the receipt by the Trustee on or prior to the Redemption Date of
moneys sufficient to pay the principal of and premium, if any, and interest on the Series 2011
Bonds or portions thereof to be redeemed, and if such moneys are not so received, such notice
shall be of no force or effect and such Series 2011 Bonds shall not be required to be redeemed.
In the event that such notice contains such a condition and moneys sufficient to pay the principal
of and premium, if any, and interest on such Series 2011 Bonds are not received by the Trustee
on or prior to the Redemption Date, the redemption shall not be made, and the Trustee shall
within a reasonable time thereafter give notice, in the manner in which the notice of redemption
was given, that such moneys were not so received.
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The Series 2011 Bonds shall be redeemed only in Authorized Denominations. If less
than all the Series 2011 Bonds are called for redemption, the Series 2011 Bonds of each maturity
to be so redeemed shall be called for redemption in the manner set forth in a certificate of the
Corporation filed with the Trustee. If less than all of the Series 2011 Bonds of any one maturity
are to be called for redemption, the Trustee shall select the Series 2011 Bonds of each such
maturity to be redeemed by lot, each $5,000 portion of principal being counted as one Series
2011 Bond for this purpose; provided, however, that so long as the only Owner of the Series
2011 Bonds is a Securities Depository Nominee, such selection shall be made by the Securities
Depository by lot in accordance with its operating rules and procedures.
No redemption of less than all of the Series 2011 Bonds of a series at the time
outstanding shall be made pursuant to the Series Resolution unless (i) the aggregate principal
amount of such Series 2011 Bonds to be redeemed is equal to or greater than $100,000 and (ii)
the Series 2011 Bonds are redeemed in Authorized Denominations.
If less than all of a Series 2011 Bond is selected for redemption, the Owner thereof shall
present and surrender such Series 2011 Bond to the Trustee for payment of the principal amount
thereof so called for redemption, and the redemption premium, if any, on such principal amount,
and the County shall, if necessary, execute and the Trustee shall authenticate and deliver to or
upon the order of such Owner, without charge, for the unredeemed portion of the principal
amount of the Series 2011 Bond so surrendered, a new Series 2011 Bond of the same maturity
and designation, bearing interest at the same rate of any Authorized Denominations.
Series 2011 Bonds presented and surrendered in accordance with the provisions hereof
shall be canceled upon the surrender thereof.
On or before the date upon which Series 2011 Bonds are to be redeemed, the County
shall deposit, or cause to be deposited, with the Trustee money or Defeasance Obligations, or a
combination of both, that will be sufficient to pay on the Redemption Date the Redemption Price
of, and interest accruing on, the Series 2011 Bonds or portions thereof to be redeemed on such
Redemption Date.
On the Redemption Date, notice having been given in the manner and under the
conditions hereinabove provided, the Series 2011 Bonds or portions thereof called for
redemption shall be due and payable at the Redemption Price provided therefor, plus accrued
interest to such date (except in the case of a conditional redemption authorized by the Series
Resolution if moneys are not so available), and if moneys sufficient to pay the Redemption Price
of the Series 2011 Bonds or portions thereof to be redeemed plus accrued interest thereon to the
Redemption Date are held by the Trustee in trust for the owners of the Series 2011 Bonds or
portions thereof to be redeemed, interest on the Series 2011 Bonds or portions thereof called for
redemption shall cease to accrue on such Redemption Date; such Series 2011 Bonds or portions
thereof shall cease to be entitled to any benefits or security under the Bond Order or the Series
Resolution or to be deemed Outstanding; and the owners of such Series 2011 Bonds or portions
thereof shall have no rights in respect thereof except to receive payment of the Redemption Price
thereof, plus accrued interest to the Redemption Date.
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The Bond Order provides for the issuance from time to time under the conditions,
limitations and restrictions therein set forth of additional Indebtedness, including Indebtedness
secured ari with the Series 2011 Bonds and all other Outstanding Bonds issued under the
Bond Order as to the pledge, charge and lien upon the Net Revenues.
The registered owner of this Bond shall have no right to enforce the provisions of the
Bond Order or the Series Resolution, or to institute action to enforce the covenants therein, or to
take any action with respect to any event of default under the Bond Order or the Series
Resolution, or to institute, appear in or defend any suit or other proceeding with respect thereto,
except as provided in the Bond Order or the Series Resolution; provided, however, that any
registered owner may institute action to enforce the payment of the principal of or the interest on
this Bond.
Upon the occurrence of certain events, and on the conditions, in the manner and with the
effect set forth in the Bond Order, the principal of all Series 2011 Bonds then Outstanding under
the Bond Order may become or may be declared due and payable before the respective stated
maturities thereof, together with the interest accrued thereon.
Modifications or alterations of the Bond Order or any bond order supplemental thereto, or
the Series Resolution or any series resolution supplemental thereto, may be made only to the
extent and in the circumstances permitted by the Bond Order and the Series Resolution.
This Bond, notwithstanding the provisions for registration of transfer stated herein and
contained in the Bond Order and the Series Resolution, at all times shall be and shall be
understood to be an investment security within the meaning of and for all the purposes of Article
8 of the Uniform Commercial Code of North Carolina. This Bond is issued with the intent that
the laws of the State of North Carolina shall govern its construction.
All acts, conditions and things required to happen, exist and be performed precedent to
and in the issuance of this Bond and the adoption of the Bond Order and the Series Resolution
have happened, exist and have been performed as so required.
Neither the members or officers of the County nor any person executing this Bond is
liable personally hereon or subject to any personal liability or accountability by reason of the
issuance thereof
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Bond Order or the Series Resolution until it shall have been
authenticated by the execution by the Trustee of the certificate of authentication endorsed
hereon.
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IN WITNESS WHEREOF, the County of New Hanover has caused this Bond to be executed
by the manual signatures of the Chairman of its Board of Commissioners and the Clerk to said
Board and its official seal to be impressed hereon all as of the day of August, 2011.
COUNTY OF NEW HANOVER, NORTH CAROLINA
Chairman of the Board of Commissioners
Clerk to the Board of Commissioners
(SEAL)
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CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This Bond is one of the Series 2011 Bonds designated and described in the provisions of
the within - mentioned Bond Order and Series Resolution.
U.S. BANK NATIONAL AS SOCIATION, Trustee
Authorized Signatory
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CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within - mentioned Series 2011 Bond has been approved under the
provisions of The State and Local Government Revenue Bond Act of North Carolina, as
amended.
LOCAL GOVERNMENT COMMISSION OF NORTH
CAROLINA
Secretary
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[Form of Assignment]
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
[Please Print or Typewrite Name and Address of Transferee] the within - mentioned Bond
and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within - mentioned
Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature on the Assignment must correspond with the name as it appears upon the
face of the within - mentioned Bond in every particular, without alteration or enlargement or any
change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an institution that is a participant in the Securities
Transfer Medallion Program (STAMP) or a similar program.
A -11
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D &L Draft 44
July 28, 2011
SEVENTH AMENDMENT TO LEASE AGREEMENT
By and Between
COUNTY OF NEW HANOVER, NORTH CAROLINA
and
NEW HANOVER REGIONAL MEDICAL CENTER
Dated as of September 1, 2011
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SEVENTH AMENDMENT TO LEASE AGREEMENT
THIS SEVENTH AMENDMENT TO LEASE AGREEMENT, dated as of September
1, 2011 (this "Amendment "), is made by and between the COUNTY OF NEW HANOVER,
NORTH CAROLINA, a political subdivision of the State of North Carolina (the "County "),
and NEW HANOVER REGIONAL MEDICAL CENTER, a nonprofit corporation organized
and existing under the General Statutes of North Carolina (the "Corporation "), and amends the
Lease Agreement dated as of October 1, 1993, by and between the County and the Corporation,
as previously amended by the First Amendment to Lease Agreement dated as of June 15, 1996,
the Second Amendment to Lease Agreement dated as of February 15, 1999, the Third
Amendment to Lease Agreement dated as of December 1, 2005, the Fourth Amendment to Lease
Agreement dated as of September 1, 2006, the Fifth Amendment to Lease Agreement dated as of
October 1, 2008 and a Sixth Amendment to Lease Agreement dated as of June 1, 2009 (as so
amended, the "Lease ").
WITNESSETH:
WHEREAS, the County proposes to issue its Hospital Revenue Refunding Bonds (New
Hanover Regional Medical Center) Series 2011 (the "Series 2011 Bonds ") to currently refund all
or a portion of the County's outstanding Hospital Revenue Bonds (New Hanover Regional
Medical Center Project) Series 1999 (the "Series 1999 Bonds "); and
WHEREAS, under The State and Local Government Revenue Bond Act, Article 5, as
amended, of Chapter 159 of the General Statutes of North Carolina (the "Act "), the County is
authorized and empowered to issue revenue bonds for such purposes; and
WHEREAS, the County adopted a Bond Order on October 6, 1993 authorizing the
issuance of hospital revenue bonds, which was amended by a First Supplemental Bond Order
adopted by the County on February 5, 1999, and a Second Supplemental Bond Order adopted by
the County on December 7, 2005 (as so amended, the "Bond Order "); and
WHEREAS, the County has determined that it is consistent with the purposes of the Act
and in the public interest (a) to issue the Series 2011 Bonds pursuant to the Bond Order and an
Amended and Restated Series Resolution adopted by the County on August 15, 2011, for the
purposes stated above and (b) to enter into this Amendment; and
WHEREAS, the execution and delivery of this Amendment have been duly authorized by
the County and the Corporation; and
WHEREAS, all acts, notices and things required by the constitution and laws of the State
and the Bylaws of the Corporation to happen, exist and be performed precedent to and in the
execution and delivery of this Amendment have happened, exist and have been performed as so
required, in order to make this Amendment a valid and binding agreement in accordance with its
terms; and
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WHEREAS, each of the parties hereto represents that it is fully authorized to enter into
and perform and fulfill the obligations imposed upon it under this Amendment and the Lease,
and the parties are now prepared to execute and deliver this Amendment;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration paid by each of the parties to the other, the
receipt of which is hereby acknowledged, the County and the Corporation hereby agree as
follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless elsewhere defined in this Amendment, all capitalized
terms used in this Amendment shall have the meanings ascribed thereto in the Lease. The
following terms shall have the following meanings herein and in the Lease as amended hereby:
"Series 2011 Bonds " means the Bonds so designated by and issued under the
Bond Order and the Series 2011 Resolution.
"Series 2011 Resolution " means the Amended and Restated Series Resolution
adopted by the Board of Commissioners of the County on August 15, 2011.
ARTICLE II
REPRESENTATIONS
Section 2.01. Representations by the County. The County represents that it has the
power to enter into the transactions contemplated by this Amendment and to carry out its
obligations hereunder; and that by proper action of its Board of Commissioners, the County has
been duly authorized to execute and deliver this Amendment. The County further represents that
it proposes to issue the Series 2011 Bonds that will mature, bear interest, be redeemable and have
the other terms and provisions set forth in the Bond Order and the Series 2011 Resolution.
Section 2.02. Representations by the Corporation. The Corporation represents that it is
a nonsectarian, nonprofit corporation, no part of the net earnings of which inures to the benefit of
any private member or individual; that it has authority to lease the Existing Facilities and operate
the Health Care System, and, by proper corporate action, has been duly authorized to execute and
deliver this Amendment; and that the execution and delivery of this Amendment, its
consummation of the transactions contemplated hereby and fulfillment of or compliance with the
terms and conditions of this Amendment, do not conflict with or result in a breach of any of the
terms, conditions or provisions of any corporate restriction, or any agreement or instrument to
which the Corporation is now a party or by which it is bound, and do not constitute a default
under any of the foregoing, or result in the creation or imposition of any lien or encumbrance of
any nature whatsoever upon any of the property or assets of the Corporation under the terms of
any instrument or agreement (other than this Amendment and the Bond Order).
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ARTICLE III
AMENDMENTS To LEASE
Section 3.01. Addition of Section 4.39 of the Lease. Article IV of the Lease is hereby
amended by adding the following Section 4.39:
Section 4.39. Secondary Market Disclosure. The Corporation agrees, for the
benefit of the beneficial owners of the Series 2011 Bonds to provide to the MSRB:
(a) by not later than seven months after the end of each Fiscal Year of the
Corporation, beginning with the Fiscal Year ending September 30, 2011 with respect to
the Series 2011 Bonds, the audited financial statements of the Corporation for such Fiscal
Year, if available, prepared in accordance with Section 159 -39 of the General Statutes of
North Carolina, as amended from time to time, or with any successor statute; or if such
audited financial statements are not available by seven months after the end of such
Fiscal Year, the unaudited financial statements of the Corporation for such Fiscal Year to
be replaced subsequently by the audited financial statements of the Corporation to be
delivered within 15 days after such audited financial statements become available for
distribution;
(b) by not later than seven months after the end of each Fiscal Year, beginning
with the Fiscal Year ending September 30, 2011 with respect to the Series 2011 Bonds,
the financial and statistical data as of a date not earlier than the end of the preceding
Fiscal Year for the type of information included under the following headings in
Appendix A to the Official Statement dated the date of distribution thereof relating to the
Series 2011 Bonds, to the extent such items are not included in the financial statements
referred to in (a) above:
(1) "Facilities and Services" (tables relating to the New Hanover
Regional Medical Center therein);
(2) "Medical Staff';
(3) "Utilization Statistics ";
(4) "Historical Long -Term Debt Service Coverage Ratios ";
(5) "Liquidity ";
(6) "Debt -to- Capitalization "; and
(7) "Third -Party Reimbursement and Sources of Payment ";
(c) in a timely manner not in excess of ten business days after the occurrence
of the event, notice of any of the following events with respect to the Series 2011 Bonds:
(1) principal and interest payment delinquencies;
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(2) non - payment related defaults, if material;
(3) unscheduled draws on any debt service reserves reflecting financial
difficulties;
(4) unscheduled draws on any credit enhancements reflecting financial
difficulties;
(5) substitution of any credit or liquidity providers, or their failure to
perform;
(6) adverse tax opinions, the issuance by the Internal Revenue Service
of proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701 -TEB) or other material notices or determinations with respect
to the tax status of the Series 2011 Bonds, or other material events or events
affecting the tax status of the Series 2011 Bonds;
(7) modification to the rights of the beneficial owners of the Series
2011 Bonds, if material;
(8) call of any of the Series 2011 Bonds for redemption, other than
mandatory sinking fund redemption, if material, and tender offers;
(9) defeasances of any of the Series 2011 Bonds;
(10) release, substitution or sale of any property securing repayment of
the Series 2011 Bonds, if material;
(11) rating changes;
(12) bankruptcy, insolvency, receivership or similar event of the
Corporation;
(13) the consummation of a merger, consolidation, or acquisition
involving the Corporation or the sale of all or substantially all of the assets of
the Corporation, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material;
(14) appointment of a successor or additional trustee or the change of
name of the trustee, if material; and
(d) in a timely manner, notice of a failure of the Corporation to provide
required annual financial information described in (a) or (b) above on or before the date
specified.
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The Corporation shall provide the documents referred to above to the MSRB in an
electronic format as prescribed by the MSRB and accompanied by identifying information as
prescribed by the MSRB. The Corporation may discharge its undertaking described above by
transmitting the documents referred to above to any entity and by any method authorized or
required by the U.S. Securities and Exchange Commission.
If the Corporation fails to comply with the undertakings described above, the Trustee or
any beneficial owner of the Series 2011 Bonds then outstanding may take action to protect and
enforce the rights of all beneficial owners with respect to such undertakings, including an action
for specific performance; provided, however, that failure to comply with such undertakings shall
not be an event of default under the Lease, the Bond Order or the Series 2011 Resolution and
shall not result in any acceleration of payment of the Series 2011 Bonds. All actions shall be
instituted, had and maintained in the manner provided in this paragraph for the benefit of all
beneficial owners of the Series 2011 Bonds then outstanding.
The Corporation reserves the right to modify from time to time the information to be
provided to the extent necessary or appropriate in the judgment of the Corporation, provided
that:
(a) any such modification may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law, or change
in the identity, composition, nature or status of the Corporation;
(b) the information to be provided, as modified, would have complied with
the requirements of Rule 15c2 -12 issued under the Securities Exchange Act of 1934
( "Rule 15c2 -12 ") as of the date of the Official Statement with respect to the Series 2011
Bonds after taking into account any amendments or interpretations of Rule 15c2 -12, as
well as any changes in circumstances; and
(c) any such modification does not materially impair the interests of the
beneficial owners of the Series 2011 Bonds as determined either by parties unaffiliated
with the Corporation (such as bond counsel), or by the approving vote of the registered
owners of a majority in principal amount of the Series 2011 Bonds then Outstanding
pursuant to the terms of the Bond Order and the Series 2011 Resolution as they may be
amended from time to time.
Any annual financial information containing the modified operating data or financial
information is required to explain, in narrative form, the reasons for the amendments and the
impact of the change in the type of operating data or financial information being provided.
The undertaking described in this Section will terminate upon payment, or provision
having been made for payment in a manner consistent with Rule 15c2 -12, in full of the principal
of and interest on all of the Series 2011 Bonds.
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ARTICLE IV
MISCELLANEOUS
Section 4.01. Multiple Counterparts. This Amendment may be executed in multiple
counterparts, each of which shall be regarded for all purposes as an original, constituting but one
and the same instrument.
Section 4.02. S'everability. If any one or more of the covenants, agreements or
provisions of this Amendment shall be determined by a court of competent jurisdiction to be
invalid, the invalidity of such covenants, agreements and provisions shall in no way affect the
validity or effectiveness of the remainder of this Amendment or the Lease, as amended hereby,
and this Amendment and the Lease, as amended hereby, shall continue in force to the fullest
extent permitted by law.
Section 4.03. Recordation of Amendment. The Corporation covenants that it will cause
this Amendment to be recorded and filed in the office of the New Hanover County Register of
Deeds.
Section 4.04. State Law Controlling. This Amendment shall be construed and enforced
in accordance with the laws of the State of North Carolina.
Section 4.05. Effective Date of This Amendment. Notwithstanding that this
Amendment is dated as of September 1, 2011, this Amendment shall take effect when it is fully
executed and has been delivered to the parties hereto contemporaneously with the delivery of and
payment for the Series 2011 Bonds. No obligation shall be imposed on the Corporation prior to
the effective date of this Amendment.
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IN WITNESS WHEREOF, the County has caused these presents to be signed in its name
and on its behalf by the Chairman of its Board of Commissioners and its official seal to be
hereunto affixed and attested by the Clerk to said Board, thereunto duly authorized; and the
Corporation has caused these presents to be signed in its name and on its behalf by its President
and its corporate seal to be hereunto affixed and attested by its Secretary, all as of the day of
September, 2011.
[SEAL]
Attest:
Clerk to the Board of Commissioners
[SEAL]
Attest:
COUNTY OF NEW HANOVER, NORTH
CAROLINA
Chairman of the Board of
Commissioners
NEW HANOVER REGIONAL MEDICAL
CENTER
0
President and Chief Executive Officer
Secretary
7
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ACKNOWLEDGMENT OF EXECUTION ON BEHALF OF THE COUNTY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of New Hanover County and State of
North Carolina, do hereby certify that Jonathan Barfield and Sheila L. Schult ( "Signatories "),
personally came before me this day and acknowledged that they are the Chairman of the Board
of Commissioners and Clerk to the Board of Commissioners, respectively, of the County of New
Hanover, North Carolina, and that they, as Chairman of the Board of Commissioners and Clerk
to the Board of Commissioners, respectively, being authorized to do so, executed the foregoing
instrument on behalf of the limited liability company.
I certify that the Signatories personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatories); or
(I have seen satisfactory evidence of the Signatories' identity, by a current
state or federal identification with the Signatories' photograph in the form of:
(check one of the following)
a driver's license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatories).
The Signatories acknowledged to me that he voluntarily signed the foregoing document
for the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this day of , 2011.
Notary Public
Print Name:
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires:
- to [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
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ACKNOWLEDGMENT OF EXECUTION ON BEHALF OF THE CORPORATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of New Hanover County and State of
North Carolina, do hereby certify that John K. Barto and Nancy S. Marks ( "Signatories "),
personally came before me this day and acknowledged that they are the President and Chief
Executive Officer and Secretary, respectively of New Hanover Regional Medical Center, a North
Carolina nonprofit corporation, and that they, as the President and Chief Executive Officer and
Secretary, respectively, being authorized to do so, executed the foregoing instrument on behalf of
the limited liability company.
I certify that the Signatories personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatories); or
(I have seen satisfactory evidence of the Signatories' identity, by a current
state or federal identification with the Signatories' photograph in the form of:
(check one of the following)
a driver's license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatories).
The Signatories acknowledged to me that he voluntarily signed the foregoing document
for the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this day of , 2011.
Notary Public
Print Name:
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires:
- to [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM:
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S): Wanda Coston, Community Development Planner; and Shawn Ralston, Long Range Planning
Manager
SUBJECT:
2010 Community Development Block Grant (CDBG) Program Requirements: Adoption of Citizen
Participation Plan and Resolution for New Hanover County and Optional Coverage Relocation Policy
for New Hanover County
BRIEF SUMMARY:
The 2010 CDBG Economic Recovery (ER) Program and the 2010 Scattered Site Housing (SSH) Program
will involve the demolition and clearance of houses, the reconstruction of houses, and provide temporary
relocation assistance to the households benefiting from these activities. The CDBG Guidelines (Bulletin 10-
2) allow the County the option to adopt an Optional Coverage Relocation Plan that details the plans to
provide relocation assistance.
New Hanover County must also certify that a detailed citizen participation plan is being followed which
provides for and encourages citizen participation during all stages of the CDBG projects. This plan is
necessary in order to comply with the terms and conditions set forth in the CDBG grant requirements.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request adoption of the New Hanover County Citizen Participation Plan and authorize the Chairman to sign
the Resolution in accordance with Section .1002 Citizen Participation of the North Carolina CDBG
Regulations (4NCAC 19L). Also, request the Commissioners approve and adopt the Optional Coverage
Relocation Plan and authorize the Chairman to sign.
A TT A f NMFNTC
2010 CDBG Citizen Participation Plan
Optional Coverage Relocation Policy
Citizen Participation Plan Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
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NEW HANOVER COUNTY CITIZEN PARTICIPATION PLAN
New Hanover County shall provide citizens with sufficient opportunity for meaningful
involvement on a continuing basis and provide for participation in the planning, implementation
and assessment of the Community Development Block Grant (CDBG) Program. New Hanover
County shall provide adequate information to the public, allow for timely responses to citizens'
complaints, and conduct a public hearing at the initial stage of the planning process, prior to the
submission of an application, and prior to the closeout of the CDBG program to provide an
opportunity for citizens' comments on the program performance. Additional public hearings will
be held as appropriate. The New Hanover County Board of Commissioners will conduct all
public hearings.
As appropriate, representatives of the County will meet with community leaders and groups prior
to public hearings; conduct informational meetings in proposed project areas, and distribute
notices of public hearings and meetings to residents in a proposed project area. The County may
also distribute notices of public hearings and meetings to local community action agencies, legal
services and other public and private organizations that primarily serve low and moderate income
persons. A Selection Committee shall serve as a mechanism for providing continued citizen
involvement and participation in the CDBG process.
I. Citizen Participation Plan in the Application Process.
To ensure that citizen participation requirements are being met in the application process,
the County will utilize the following procedures:
A. Solicit and respond in a timely manner to proposals and comments of
citizens, particularly low and moderate income persons, minority groups,
and residents of slum and blighted areas. The County shall respond in
writing to written citizen comments within ten (10) calendar days of receipt
of the comments.
B. Provide in an appropriate and timely manner to all citizens' notices of public
hearings and make them understandable to all citizens, particularly
non - English speaking persons. Hearings will be held at convenient
locations and times for potential or actual beneficiaries and must
accommodate the disabled and handicapped. The notice of public hearing
shall be published at least once in the non -legal section of a newspaper
having general circulation in the area. A notice shall be published not less
than ten (10) days or more than 25 days before the date scheduled for the
hearing. The notice of public hearing is to obtain citizens' comments after
a draft application has been completed, but prior to the submission of the
application to the North Carolina Department of Commerce, Division of
Community Investment and Assistance (CI).
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C. Public hearings will be conducted to obtain citizens' comments and to
respond to citizen proposals at times and locations which provide for
general participation, particularly by low and moderate income persons,
minority groups and individuals, disabled and handicapped persons, and
residents of slum and blighted neighborhoods and project areas.
D. Schedule at least one public hearing during the planning process to provide
citizens the opportunity to express opinions and recommend proposals prior
to the development of the application.
E. Schedule one public hearing after the application has been completed, but
before submission of the application to CI.
F. Persons objecting to the approval of an application by CI shall submit their
objections in writing to CI. CI will consider objections made only on the
following bases:
1. New Hanover County's description of the needs and objectives
is clearly inconsistent with available date and facts;
2. The activities to be performed are clearly inappropriate to
addressing the needs and objectives identified by the County;
and
3. The application does not comply with the requirements of
Section .1002, Citizen Participation of the North Carolina
CDBG Regulations (4NCAC 19L) or the New Hanover County
Citizen Participation Plan.
G. Such objections shall include an identification of the requirements not met.
In the case of objections made on the basis that the description of needs and
objectives are clearly inconsistent with relevant, generally available data
and facts, the obj ection shall include the data and facts that the objection is
based upon.
II. Citizen Participation in the Program Amendment Process
To ensure that the requirements in the program amendment process for citizen
participation are being met, New Hanover County will utilize the following procedures:
A. An amendment(s) requiring prior CI approval may also require a public
hearing. If a public hearing is required, it shall be held in accordance with
Paragraph (I)(3) and (I)(4) of the New Hanover County Citizen
Participation Plan.
B. New Hanover County will respond to citizen objections and comments in
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the same manner in sub - paragraph (I)(1) of the New Hanover County
Citizen Participation Plan.
C. Persons wishing to object to the approval of an amendment by CI shall
submit such objection in writing. CI will consider objections submitted on
the following bases:
1. New Hanover County's description of needs and objectives is
clearly inconsistent with available data and facts.
2. The activities to be carried out are clearly inappropriate to
meeting the needs and objectives identified by the County; and
3. The amendment does not comply with the requirements of
Section .1002 Citizen Participation of the North Carolina
CDBG Regulations (4NCA19L) or the New Hanover County
Citizen Participation Plan.
D. All objections shall identify the requirements not met. In the case
objections are submitted on the basis that the description of objectives and
needs is clearly inconsistent with relevant, generally available data and
facts, the objections) must include the data and facts on which it is based.
III. Citizen Participation During Program Implementation
Citizens will have the opportunity to comment concerning the implementation of a CDBG
program. New Hanover County will solicit and respond to comments and proposals in
accordance with sub - paragraph (I)(1) of the New Hanover County Citizen Participation
Plan.
A. Persons may submit written comments to CI at any time regarding New
Hanover County's failure to comply with the requirements of the New
Hanover County Citizen Participation Plan.
B. All records of public hearings, citizens' comments, responses to comments
and other related documents and papers shall be kept and shall be accessible
to all citizens in accordance with Rule .0911 of the North Carolina
Community Development Block Grant Regulations (NCAC 19L).
C. All written complaints received by New Hanover County concerning the
CDBG program will be responded to within ten (10) calendar days after
receiving complaints. In addition, the project administrator may schedule
a meeting with the complainant within ten (10) calendar days after
receiving the complaint to discuss any problems he /she may have about the
project.
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IV. Citizen Participation in the Program Closeout Process
In order to ensure that the requirements of citizen participation in the program closeout
process are being met, New Hanover County will utilize the following procedures:
A. New Hanover County will conduct at least one public hearing to evaluate
program performance during the grant closeout process and prior to the
actual closeout of the grant.
B. New Hanover County will continue to solicit and respond to citizens'
comments pursuant to sub - paragraph (I)(1) of the New Hanover County
Citizen Participation Plan until such time as the grant program is closed.
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Optional Coverage Relocation Policy
For New Hanover County, North Carolina
In accordance with requirements of the Housing and Community Development Act of 1974,
hereinafter referred to as "the Act ", as amended, New Hanover County, herein referred to as the
"County ", hereby certifies that it shall adhere to the following guidelines and procedures to
minimize adverse impacts from residential displacement required as a result of programmed
activities in its 2010 Community Development Block Grant (CDBG) projects.
New Hanover County wishes to provide relocation assistance and moving assistance to
households temporarily or permanently displaced as a result of rehabilitation and demolition
activities of the 2010 Community Development Programs.
Only those individuals and families residing in an area or areas funded by the federal, state,
and /or local government programs, that may be displaced as a result of a project's activities and
which have unmet, long -term, relocation needs are eligible to receive assistance. In addition,
eligibility of the individual or family must have been established and documented prior to the
provision of financial assistance under this plan.
Optional relocation benefits are authorized by Section 105(a) of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act and Sections 570.496a(d) and 570.606(d)
of the interim rule which describes the "Act ". The policy is promulgated in accordance
therewith.
Under the authority of 24CFR570.496a(d) and the North Carolina Community Development
Block Grant Program Regulations (4NCAC I 9L), paragraph .1003(b), the County hereby adopts
the following optional coverage relocation policy, to be used during implementation of the 2010
CDBG Programs.
A. Assistance To Be Provided
The following optional coverage relocation policy is to be used during the
implementation of the relevant programs. All persons displaced shall be provided
relocation assistance in accordance with guidelines outlined under 49CFR24,
"Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally- Assisted Programs," except as outlined below.
1. Displaced Person. The term "displaced person," as defined under
49CFR24, shall be extended under this policy to include any person who
occupies a primary legal residence or business ninety days prior to the
effective date of the initiation of negotiations, who permanently moves
from a primary legal residence or business as a direct result of the
initiation of negotiations for a CDBG - financed clearance activity, and
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either 1) executes a voluntary demolition agreement, or 2) waives their
right to URA- sponsored relocation assistance.
2. Initiation of Negotiations. The term "initiation of negotiations," as
defined under 49CFR24, shall be extended under this policy to include
the delivery date of either (a) a CDBG - financed voluntary demolition
agreement, or (b) a code enforcement initial complain, whichever is
earlier.
3. Comparable Replacement Dwelling. The term "comparable replacement
dwelling," as defined under 49CFR24, shall be redefined under this
policy to mean a dwelling which is (1) decent, safe, and sanitary, as
defined in 49CFR24.2(f); (2) on a site not subject to adverse
environmental conditions and typical in size for residential development
with normal site improvements; (3) generally comparable to the
displacement site in terms of convenience to employment and commercial
and public facilities and services; (4) within the financial means of the
displaced person, as defined under 24CFR5760.496a(b)(2) (for displaced
rental units), or 49CFR24.2(c)(8)(i) (for displacement owner - occupant
units); and (5) currently available to the displaced person on the private
market. When the unit to be demolished is dilapidated, a smaller "decent,
safe, and sanitary" replacement dwelling (which by definition is adequate
to accommodate the displaced person) may be determined to be
functionally equivalent to the dilapidated unit scheduled for demolition.
4. The County reserves the right to provide a modular home as a comparable
replacement dwelling to the owner - occupant of a frame -built
displacement dwelling, if budget considerations prohibit construction of a
new frame -built dwelling or provision of a replacement housing payment
to cover the cost of a replacement frame -built dwelling available on the
private market. In such a case, the notice of relocation eligibility shall
clearly state that the replacement dwelling will be a modular home.
5. Relocation Notices. A "notice of relocation eligibility," outlining all
information described under 49CFR24.203 (a) and (b) will be sent by
certified mail or hand - delivered to all displaced individuals concurrently
with any letter or document initiating negotiations for the displacement
dwelling. Additionally, the County will, in all cases, precede the
initiation of negotiations with a documented personal interview with the
individual to be displaced. Ninety -day notices shall be prepared and
issued in accordance with 49CFR24.203 (c).
6. Basic Rights of Persons to Be Displaced. No person shall be required to
move from a displacement dwelling unless comparable replacement
housing is available to such person. The County shall not require any
displaced person to accept a dwelling provided by the County under these
Board of Commissioners Meeting
08/15/2011
7 -2 -2
procedures (unless the County and the displaced person have entered into
a contract to do so) in lieu of any relocation payment for which the person
may otherwise be eligible.
7. Appeals. Any aggrieved person may file a written appeal with the
County in any case in which the person believes that the County has
failed to properly consider the person's eligibility for assistance under
this policy, or has not provided assistance properly in accordance with
this policy. Such appeals shall be handled in accordance with the
provisions of 49CFR24.10 and the New Hanover County Citizen
Participation Plan.
B. Temporary Relocation Benefits
The New Hanover County Planning and Inspections Department is authorized to
approve temporary relocation payments to owner - occupants who are forced to
vacate their existing dwellings during rehabilitation or prior to provision of a
comparable replacement dwelling following demolition. Such temporary
relocation shall be accomplished at the minimum feasible cost. Temporary
relocation payments will be limited to cover only those expenses that would not
otherwise be normal to the relocate. Approval of temporary relocation assistance
for rent, motel charges, temporary storage, etc., will be made only upon submittal
of cost effective procurement documentation and invoice documentation by the
Community Development Administrator. In general, the temporary replacement
housing assistance for homeowners, subject to participation in the County's
CDBG Programs, is as follows:
Moving Benefits
1. Actual moving expenses and /or storage costs not to exceed $1,000
paid to a bonded and licensed moving company for the move to
the temporary housing unit and for the return move to the
homeowner's housing unit. The County will provide funds to pay
for the mover /storage units.
2. A homeowner shall be reimbursed for the disconnection and
connection costs, (not to exceed $750), for the homeowner's
utilities, telephone, and cable (if required) for the move to the
temporary unit and for the return move to the homeowner's
housing unit.
Temporary Housing, Expenses
1. A homeowner may be reimbursed for actual reasonable documented rent and
utilities, telephone, and cable (if required) incurred at the temporary
replacement dwelling, not to exceed $900 per month.
Board of Commissioners Meeting
08/15/2011
7 -2 -3
In order for a homeowner to receive reimbursement of the Temporary
Housing Expenses, the temporary replacement dwelling must be inspected
and approved by a member of a county's staff (or building inspection official
if designated) as decent, safe and sanitary, and adequate to meet the
homeowner's occupancy needs. A premature move may result in loss of
eligibility for a temporary housing expense payment.
Adopted this 15 day of August, 2011.
Jonathan Barfield, Jr., Chairman
New Hanover County Board of Commissioners
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/15/2011
7 -2 -4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN PARTICIPATION PLAN RESOLUTION
WHEREAS, New Hanover County will receive 2010 Community Development Block Grant
(CDBG) Program Funds to assist in promoting viable communities, "by providing decent
housing and a suitable living environment and expanding economic opportunities, principally for
persons of low and moderate income "; and
WHEREAS, the New Hanover County Board of Commissioners provides for and encourages
citizen participation by persons of low and moderate income who are residents of slum and
blighted areas in which CDBG funds are proposed to be used in low and moderate income
neighborhoods as defined by New Hanover County; and
WHEREAS, all citizens will be provided with timely and reasonable access to meetings,
information, and records regarding New Hanover County's proposed and actual use of CDBG
funds; and
WHEREAS, New Hanover County shall provide for public hearings to obtain citizen(s)
comments and respond to questions and proposals during all stages of the CDBG program
including at a minimum, the development of needs, the review of proposed activities and
program implementation at which time hearings shall be held after adequate public notice, at
times and locations accessible to potential and actual beneficiaries, and with accommodations for
persons with disabilities; and
WHEREAS, New Hanover County shall make accommodations for persons with limited
English proficiency.
NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby authorizes the adoption of the New Hanover County Citizen Participation
Plan in accordance with Section 1002 of the North Carolina CDBG Regulations (4NCAC 19L).
ADOPTED this the 15 day of August, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
Attest:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/15/2011
7 -3 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 8
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Frank Meyer, Deputy Chief; Lena Butler, Purchasing Supervisor
SUBJECT:
Consideration of a Resolution Awarding a Multi -Term Contract for the Purchase of Turnout Gear to
Municipal Emergency Services, Inc.
BRIEF SUMMARY:
On June 9, 2011, bids were solicited to establish an approved vendor for the purchase of turnout gear for the
County's Fire Services Department. The specifications used were approved and adopted for use by New
Hanover County Fire Services, City of Wilmington Fire Department, and the City of Wrightsville Beach Fire
Department.
Bids were received and publicly opened on July 14, 2011 and three vendors responded to the Request for
Bids (RFB). (See bid tabulation attached.)
Fire Connections' bid was determined to be non - responsive because the company failed to include a sample
of the turnout gear to be evaluated by the committee as required by the RFB.
Lt. Bossio and representatives of the evaluation committee made presentations to Chief Hall, the County's
Fire Chief, Chief Martinette of the Wilmington Fire Department and Chief Frank Smith of Wrightsville
Beach Fire Department. Municipal Emergency Services, Inc. (MES) was selected as the most qualified
respondent based on the overall cost and adherence to specifications as outlined in the RFB.
The estimated yearly purchase is sixty (60) sets and will be purchased as needed. The estimated annual
dollar value is $102,780. The budgeted amount for turnout gear in the FY 2012 adopted budget is
$162,527.
The initial term of the contract is three (3) years from date of award with the option to extend for two (2)
additional years.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution and award multi -year contract to Municipal Emergency Services, Inc., for the purchase of
turnout gear.
ATTACHMENTS:
BID SUMMARY
Turnout Gear Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
08/15/2011
8 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/15/2011
8 -0
Board of Commissioners Meetin
08/15/2011
8-1-1
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Board of Commissioners Meetin
08/15/2011
8-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF MULTI -YEAR BID FOR THE PURCHASE OF TURNOUT GEAR
WHEREAS, On June 9, 2011, bids were solicited to establish an approved vendor for the purchase
of turnout gear for the County's Fire Services Department and the specifications used were approved
and adopted for use by New Hanover County Fire Services, City of Wilmington Fire Department,
and the City of Wrightsville Beach Fire Department; and
WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing
Supervisor at 3:00 PM, Thursday, July 14, 2011, in the New Hanover County Finance Office, Suite
165, Conference Room 502 located at 230 Government Center Drive, Wilmington NC; and
WHEREAS, Municipal Emergency Services, Inc. (MES) was selected as the most qualified
respondent based on the overall cost and adherence to specifications as outlined in the RFB, staff
recommends that the contract be awarded to MES.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of New
Hanover County that the multi -year contract for the purchase of turnout gear is awarded to MES and
that the County Manager or designee is hereby authorized and directed to execute the contract,
contract form to be approved by the County Attorney.
ADOPTED this the 15 day of August, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/15/2011
8 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 9
DEPARTMENT: County Manager PRESENTER(S): Matthew Kunic, Director of Planning and
Development, Cape Fear Public Transportation Authority - Wave
Transit
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
Public Hearing and Consideration of Approval to Submit Application for Rural Operating Assistance
Program Funds in the Amount of $252,724
BRIEF SUMMARY:
New Hanover County is eligible to receive $252,724 via the N. C. Department of Transportation's Rural
Operating Assistance Program (ROAP) for 2011 -2012. Funding must be used to provide transportation
services to specific populations of the unincorporated areas of the County. No funding is required for local
match.
Funding categories and amounts as determined by NCDOT are:
Elderly and Disabled Transportation Assistance Program (EDTAP)
$118,882
Employment Transportation Assistance Program (EMPL)
$47,837
Rural General Public (RGP) Transportation Program
$86,005
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing, approve request to submit application for funds, direct Chairman Barfield, County
Manager and County Attorney to execute appropriate certifications and assurances for the application and
accept grant if awarded.
ATTACHMENTS:
Certified Statement
FY2012 ROAP Application
ROAP Allocation Table
ROAP Public Hearing Record
Suballocation Worksheet FY2012
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing. Recommend approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
08/15/2011
9 -0
Conducted public hearing. Approved 5 -0.
Board of Commissioners Meeting
08/15/2011
9 -0
CERTIFIED STATEMENT
FY 2012
RURAL OPERATING ASSISTANCE PROGRAM
County of New Hanover
WHEREAS, the state - funded, formula -based Rural Operating Assistance Program (ROAP) administered
by the North Carolina Department of Transportation, Public Transportation Division provides funding for
the operating cost of passenger trips and for other transportation services for counties within the state;
WHEREAS, the county uses the most recent transportation plans (i.e. CTSP, CTIP, LCP) available and
other public involvement strategies to learn about the transportation needs of agencies and individuals in
the county before determining the sub - allocation of these ROAP funds;
WHEREAS, the county government or regional public transportation authorities created pursuant to
Article 25 or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the
municipalities or counties served) are the only eligible recipient of Rural Operating Assistance Program
funds which are allocated to the counties based on a formula as described in the Program Guidelines
included in the ROAP application. NCDOT will disburse the ROAP funds only to counties and eligible
transportation authorities and not to any sub - recipients selected by the county;
WHEREAS, the county finance officer will be considered the county official accountable for the
administration of the Rural Operating Assistance Program in the county, unless otherwise designated by
the Board of County Commissioners;
WHEREAS, the passenger trips and transportation services provided with ROAP funds must be
accessible to individuals with disabilities and be provided without discrimination on the basis of national
origin, creed, age, race or gender (FTA C 4702.1A, FTA C 4704. 1, Americans with Disabilities Act
1990); and
WHEREAS, the period of performance for these funds will be July 1, 2011 to June 30, 2012 regardless
of the date on which ROAP funds are disbursed to the county.
NOW, THEREFORE, by signing below, the duly authorized representatives of the County
of New Hanover, North Carolina certify that the following statements are true and
accurate:
• The county employed a documented methodology for sub - allocating ROAP funds that involved the
participation of eligible agencies and citizens. Outreach efforts to include the participation of the
elderly and individuals with disabilities, persons with limited English proficiency, minorities and low
income persons in the county's sub - allocation decision have been documented.
• The county will advise any sub - recipients about the source of the ROAP funds, specific program
requirements and restrictions, eligible program expenses and reporting requirements. The county will
be responsible for invoicing any sub - recipients for unexpended ROAP funds as needed.
• The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent
on allowable activities and that the eligibility of service recipients is being properly documented. The
county will maintain records of trips and services for five years that prove that an eligible citizen was
provided an eligible service or trip on the billed date, by whatever conveyance at the specified cost.
• The county will be responsible for monitoring the safety, quality and cost of ROAP funded services
and assures that any procurements by subrecipients for contracted services will follow state
guidelines.
Board of Commissioners Meeting
08/15/2011
9 -1 -1
• The county will conduct regular evaluations of ROAP funded passenger trips and transportation
services provided throughout the period of performance.
• The county will only use the ROAP funds to provide trips and other transportation services when
other funding sources are not available for the same purpose or the other funding sources for the same
purpose have been completely exhausted.
The county assures that the required matching funds for the FY2012 ROAP can be generated from
fares and /or provided from local funds.
The county will notify the Mobility Development Specialist assigned to the county if any ROAP
funded services are discontinued before the end of the period of performance due to the lack of
funding. No additional ROAP funds will be available.
• The county manager will provide written assurance to the Public Transportation Division that the
employment transportation needs in the county have been met prior to transferring any Employment
Transportation Program (EMPL) funds. The letter will describe the process used to make this
determination. Transfer of EMPL funds is prohibited if there are any unmet needs or service
strategies in the Coordinated Public Transit —Human Services Transportation Plan that have not been
addressed.
The county will provide an accounting of trips, services and expenditures in semi - annual reports to
NCDOT — Public Transportation Division or its designee.
Any interest earned on the ROAP funds will be expended for eligible program uses as specified in the
ROAP application. The County will include ROAP funds received and expended in its annual
independent audit on the schedule of federal and state financial assistance. Funds passed through to
other agencies will be identified as such.
The county is applying for the following amounts of FY 2012 Rural Operating Assistance Program
funds:
State- Funded Rural Operating Assistance Program
Allocated
Requested
Elderly & Disabled Transportation Assistance Program (EDTAP)
$11802
$118
Employment Transportation Assistance Program (EMPL)
$47
$47
Rural General Public Program (RGP)
$86,005
$86
TOTAL
$252
$252
WITNESS my hand and county seal, this day of , 20
Signature of Board of County Manager /Administrator
Printed Name of County Manager /Administrator
State of North Carolina County of
County Seal Here
Signature of Board of County Commissioners Chairperson
Printed Name of Chairperson
Signature of County Finance Officer
Printed Name of County Finance Officer
Board of Commissioners Meeting
08/15/2011
9 -1 -2
Application for Transportation Operating Assistance
FY2012 Rural Operating Assistance Program Funds
Name of Applicant (County)
New Hanover County
County Manager
Bruce Shell
County Manager's Email Address
bshellgnhcgov.com
County Finance Officer
Avril Pinder
CFO's Email Address
apindergnhcgov.com
CFO's Phone Number
910.798.7187
Person Completing this
Application
Matthew Kunic
Person's Job Title
Director of Planning and Development
Person's Email Address
mkunicgwavetransit.com
Person's Phone Number
910.202.2057
Community Transportation
System
Cape Fear Public Transportation Authority
p p y
Name of Transit Contact Person
Matthew Kunic
Transit Contact Person's Email Address
mkunicgwavetransit.com
Application Completed by:
Signature
Date:
I certify that the content of this application is complete and accurately describes the county's administration of
the ROAP Program, and the use of the ROAP funds in accordance with applicable state guidelines.
County Manager:
Signature
County Finance Officer:
Signature
Application Instructions
Date:
Date:
County officials should read the ROAP Program State Management Plan which contains guidance on the
administration of the ROAP Program and information about the preparation of grant applications.
• The application must be completed by an official of the county or his /her designee.
• Click on the gray rectangle and type each answer. If needed, the text will automatically wrap to the
next row. The answer may wrap to the next page if necessary.
• Some questions require the applicant to send more information, and /or copies of pages from a plan with
the application If the county wishes to explain their response to any questions or provide more
information, the county may include additional pages with this application form.
• If there are questions regarding this application, contact the NCDOT -PTD Mobility Development
Specialist assigned to the area served by the transit system.
1
Board of Commissioners Meeting
08/15/2011
9 -2 -1
FY2012 ROAP Program Schedule
. .
s
Pro ,n„ ,n,..
IV
County's Management of ROAP Funds
All counties are eligible to receive Rural Operating Assistance Program (ROAP) funding from the State of
North Carolina. As a recipient of ROAP funds, the county must implement administrative processes that will
ensure the following:
• ROAP funds are expended on needs identified through a public involvement and /or planning process.
• ROAP funds are expended on eligible activities only.
• Supporting documentation of expenditures is maintained.
• Service recipients meet eligibility requirements and their eligibility is documented.
• Trips and services funded with ROAP funding are monitored and evaluated throughout the period of performance.
• An accounting of trips, services and expenditures is provided in a semi - annual report to NCDOT.
• ROAP funds received and expended are included in the local annual audit.
Transportation Needs and Public Involvement in Funding Decisions
Yes or No
A. Were the ten Transportation Needs and Service Surveys completed BEFORE the county
decided how to sub - allocate the ROAP funds?
IMPORTANT: If the county suballocates funding to any other agencies than the ones listed in the ROAP
Yes
State Mgt Plan, there will need to be a survey completed by that agency in addition to the ten required
surveys.
B. Did the county ask the Community Transportation Advisory Board (TAB), which is affiliated
with the community transit system, to recommend how the ROAP funds should be sub-
No
allocated?
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- . ., ."6i.' j s '�. ', a:.3 .��1 .,, '' -.y ab �- '� 7+ � �1. �" � s`�'4 { � � �_ / ROA - 4 �y� � � "R .. -. Pi.'
co d�� ��,ted to :n . � Ubl is about .� �� avail .� � � of A 1 � s a �. di
Yes
D. Does the federally funded Community Transportation System operating in the county have a
Community Transportation Service Plan (CTSP) or Community Transportation Improvement
Plan (CTIP) that was developed in the last five years or being completed at this time?
Yes
Date of the plan: To be updated FYI 1-12
E. Does your county have a Coordinated Public Transit -Human Services Transportation Plan
(LCP) that provides a list of unmet transportation needs and /or gaps in transportation services?
Yes
Date of the plan: November 2008; to be updated November 2011
F. Does the county have other transportation plans that address public transportation needs?
IMPORTANT: If yes, a copy of these plans must be provided with the application.
Yes
If yes, list and describe these plans. Wave Transit Service Expansion and Long Range Financial Plan
G. How did the county decide who would receive the ROAP funds? List the names of anyone who participated in the
decision to suballocate the ROAP funds and their role in the community.
The NHC Finance Director and Wave Transit staff determines ROAP funds sub - allocated to the Department of
Aging and Wave Transit.
2
Board of Commissioners Meeting
08/15/2011
9 -2 -2
Transportation Needs and Public Involvement in Fundin Decisions (con't) I Yes or No
H. How did the count decide on the amount of ROAP funds to sub-allocate to a subrecipient?
The NHC Finance Director determines ROAP funds sub-allocated to the NHC Department of A and Wave
Transit.
Financial Mana of ROAP Funds
Yes or No
I. Does the count disburse/allocate ROAP funds to an count g overnmental departments?
Yes
J. If y es, how does the count account for these funds within the count accountin s
NHC Finance Director is made aware of funds expensed throu NHC Department of A and Wave Transit.
Yes- funds
K. Does the count pass throu an ROAP funds to a or or that are not
disbursed to
count g overnmental departments or agencies?
Wave Transit
L. If y es, does the count have a written a with these a that addresses the proper
Yes
use and accountabilit of these funds? (Include a sample a with application)
I
M. ROAP funds cannot be used instead of usin the existin transportation fundin an a or or receives
from an other fundin source. If an of the departments, a or or receivin ROAP fundin from the
count g et transportation fundin from other Federal, State or Local fundin sources, list those fundin pro
FTA, NCDOT, Cit of Wilmin New Hanover Count
N. Do an subrecipients receive ROAP funds before an transportation services or trips are
Yes
provided, and refund the unused portion at the end of the period of performance?
O. Are ROAP funds bein deposited in an interest bearin account?
Yes
If no, then wh aren't ROAP funds deposited in an interest bearin account?
P. What does the count do with the interest from the ROAP funds?
Used as operatin funds for onl ROAP pro services
Q. Does the count provide an local funds for transportation operatin assistance to an of the
Yes
ROAP sub-recipients in addition to the state ROAP funds?
R. Is supportin documentation maintained for all ROAP g rant financial transactions for five
Yes
y ears? IMPORTANT: Yes is the onl correct answer.
Monitorin and Oversi Responsibilities
Yes or No
S. The Finance Officer will be responsible for the oversi and evaluation of the transportation
Yes
services provided with the ROAP fundin IMPORTANT: Yes is the onl correct answer.
T. Does the count re the subrecipients of ROAP funds to provide pro reports and
Yes
statistical data about the services and trips provided with ROAP funds?
U. If pro reports and/or operatin statistical reports are re b the count how fre are these provided
to the count for evaluation?
Wave Transit reviews ROAP funds on a monthl basis, and anal the efficienc of the pro in
operation with ROAP funds on a q uarterl y basis. An end of FY report indicatin passen trips, cost per
trip, and overall expenditures of ROAP funds is g enerated.
Board of Commissioners Meetin
08/15/2011
9-2-3
V. Does the count re the subrecipients of ROAP funds to use the transportation services of
Yes
the federall funded Communit Transit S operatin in the count
Job interviews, j ob fair attendance, j ob readiness activities or trainin GED classes
Monitorin and Oversi Responsibilities (con't)
Yes or No
W. Are subrecipients of ROAP funds coordinatin transportation services with other
Yes
subrecipients in the count therefore reducin an duplication of effort?
B. How will the transportation service be provided? ( Check all that appl
Accountabilit to North Carolina Taxpa
Yes or No
X. Is the method used to sub-allocate the ROAP funds fair and e Open and transparent?
Yes
Y. Is the count prepared to provide documentation that an eli citizen was provided an
Yes
eli service or trip on the billed date, b whatever conve at the specified cost?
the Public Transit-Human Service Coordination Plan or an other transportation plan for your
Z. A semi-annual ROAP Report must be completed and sent to NCDOT. Who will be desi to complete these
reports in FY2012? ( name, title, emplo
Arthur Cottrill, Director of Finance and Administration, Cape Fear Public Transportation Authorit
Elderl and Disabled Transportation Assistance Pro
The Elderl and Disabled Transportation Assistance Pro ( EDTAP ) , ori enacted b le in the
1989 Session of the North Carolina General Assembl (Article 2B, 136-44.27), provides operatin assistance
funds for the transportation of the state's elderl and disabled citizens. This transportation assistance allows the
elderl and disabled to reside for a lon period in their homes, thereb enhancin their q ualit y of life.
Elderl and Disabled Transportation Assistance Pro Questions I Yes or No
A. What will be the purposes of the transportation services provided with EDTAP funds? ( Check all that appl
Personal care activities, medical appointments, pharmac pick-up, shoppin bill pa meetin classes, bankin
Job interviews, j ob fair attendance, j ob readiness activities or trainin GED classes
Transportation to workplace
F-1 Group field trips/tours to communit special events ( Federal charter re appl to transit.
F-1 Overni trips to out-of-count destinations ( Federal charter re appl to transit
® Human service a appointments
F-1 Fuel Assistance
B. How will the transportation service be provided? ( Check all that appl
Public Transportation S
Private Provider
Taxi Service
A Staff Driver
F-1 Volunteer Driver
C. Are an of the EDTAP services y ou are fundin listed as an unmet need or g ap in service in
the Public Transit-Human Service Coordination Plan or an other transportation plan for your
Yes
count IMPORTANT: A cop o the pa g e (s) f rom the plan that describe the need / must be
provided with the application.
D. Does the federall funded Communit Transit S operatin in y our count receive a
Yes
sub-allocation of EDTAP funds?
If y es, does the count dictate which a and or will receive
Yes
transportation services with an of the EDTAP funds the transit s receives?
4
Board of Commissioners Meetin
08/15/2011
9-2-4
Elderl and Disabled Transportation Assistance Pro Questions ( con't )
Yes or No
Can the Communit Transit S use an of the EDTAP funds it receives to provide
transportation for elderl and disabled citizens of the count who do not have a human
Yes
service a or or to pa for the service?
If the transit s Communit Transportation Service Plan (CTSP) is less than six
y ears old, does it describe and evaluate the services the transit s is providin for
N/A
the elderl and disabled? IMPORTANT: A cop o the pa f rom the plan that describes
these services must be provided with the application.
Does the CTSP recommend an new EDTAP funded services for FY2012?
IMPORTANT: A cop of the pa g e ( s) from the plan that describes the recommended services
N/A
must be provided with the application.
E. Will an of the subrecipients use their FY2012 EDTAP sub-allocation as matchin funds for
an of the followin pro (Matchin funds for operatin assistance onl
5310 — Elderl Individuals and Individuals with Disabilities Pro
5311 - Non-urbanized Area Formula Pro
No
5316 — Job Access and Reverse Commute Pro (JARC)
5317 — New Freedom Pro
F. Will an of the subrecipients of EDTAP funds char a fare for an EDTAP funded trip?
Yes
If y es, how much will the fare be? 3.00
If y es, how will the fare revenue be used? Operatin
G. Do an of the subrecipients of EDTAP funds restrict EDTAP funded services based on the
No
ori timin or destination of the trip?
H. Is there a process or polic for determinin when it is appropriate to transfer EDTAP funds
from one sub-recipient to another to prevent there bein unspent funds at the end of the period of
Yes
performance?
NHC Finance
Director will be
aware of funds
I. EDTAP funded services are expected to be provided throu the entire y ear. If the
expended, and
EDTAP funds are expended in less than a y ear, will the count provide count funds to prevent
determination
the discontinuation of transportation services?
will be made if
additional funds
are needed.
Board of Commissioners Meetin
08/15/2011
9-2-5
Employment Transportation Assistance Program
The Employment Transportation Assistance Program (EMPL) is intended to help DSS clients that transitioned
off Work First or TANF in the last 12 months, Workforce Development Program participants and /or the general
public to travel to work, employment training and /or other employment related destinations.
Employment Transportation Program Questions Yes or No
A. What will be the purposes of the transportation services provided with EMPL funds? (Check all that apply)
® Job interviews, job fair attendance, job readiness activities or training, GED classes
® Transportation to workplace (Scheduled by the individual only. No agency scheduled trips.)
® Child(ren) of working parent transported to Child Care
❑ Fuel Assistance
❑ Vehicle Repairs
❑ Personal Car Insurance
Employment Transportation Program Questions (con't) Yes or No
B. How will the transportation service be provided? (Check all that apply)
® Public Transportation System
® Private Provider
® Taxi Service
® Agency Staff Driver
❑ Volunteer Driver
C. Describe the eligibility criteria to be used in this county to determine who will be provided EMPL funded trips.
The transportation services that will be provide using employment transportation funds will be work
transportation. The service will be provided to clients who are outside the normal income levels indicated by
the Department of Social Services.
D. Are any of the EMPL services you are funding, listed as an unmet need or gap in service in
the Public Transit -Human Service Coordination Plan or any other transportation plan for your
Yes
county? IMPORTANT: A copy of the page(s) from the plan that describe the need /gap must be
provided with the application.
E. Does the federally funded Community Transit System operating in your county receive a sub-
Yes
allocation of EMPL funds?
If yes, does the county dictate which agencies and organizations will receive
Yes
transportation services with any of the EMPL funds the transit system receives?
Can the Community Transit System use any of the EMPL funds it receives to provide
transportation for citizens in the county who need transportation to a job or employment
No
related destination and who do not have a human service agency or organization to pay
for the service?
If the transit system's Community Transportation Service Plan (CTSP) is less than six
years old, does it describe and evaluate the services the transit system is providing for
N/A
the employed or unemployed? IMPORTANT: A copy of the page(s) from the plan that
describes these services must be provided with the application.
Does the CTSP recommend any new EMPL funded services for FY2012?
IMPORTANT: A copy of the page(s) from the plan that describes the recommended services
N/A
must be provided with the application.
F. Will any of the subrecipients of EMPL funds charge a fare for an EMPL funded trip?
No
If yes, how much will the fare be? N/A
6
Board of Commissioners Meeting
08/15/2011
9 -2 -6
If yes, how will the fare revenue be used? N/A
G. Do any of the subrecipients of EMPL funds restrict EMPL funded services based on the
No
origin, timing or destination of the trip?
H. Is there a process or policy for determining when it is appropriate to transfer funds from one
sub - recipient to another to prevent there being unspent funds at the end of the period of
Yes
performance?
I. Has the county transferred any EMPL funds to EDTAP or RGP in the last two years?
No
Employment Transportation Program Questions (con't)
Yes or No
J. Will any of the subrecipients use their FY2012 EMPL sub - allocation as matching funds for
any of the following programs? (Matching funds for operating assistance only.)
5310 — Elderly Individuals and Individuals with Disabilities Program
5311 - Non - urbanized Area Formula Program
No
5316 — Job Access and Reverse Commute Program (JARC)
5317 — New Freedom Program
NHC Finance
Director will be
aware of funds
K. EMPL funded services are expected to be provided throughout the entire year. If the EMPL
expended,
ended, and
funds are expended in less than a year, will the county provide county funds to prevent the
determination
discontinuation of transportation services?
will be made if
additional funds
are needed.
Rural General Public Program
The Rural General Public Program assistance funds are intended to provide transportation services for
individuals from the county who are not receiving transportation benefits from human service agencies or
organizations. The county, in consultation with the Community Transportation System, must determine the
RGP services to be provided with the formula RGP funds.
A. What will be the trip purposes of the transportation services provided with RGP funds? (Check all that apply)
® Personal care activities, medical appointments, pharmacy pick -up, shopping, bill paying, meetings, classes, banking
® Job interviews, job fair attendance, job readiness activities or training, GED classes
® Transportation to workplace (Scheduled by the individual only. No agency scheduled trips.)
® Child(ren) of working parent transported to child care
❑ Group field trips /tours to community special events (Federal charter regulations apply to transit.)
❑ Overnight trips to out -of- county destinations (Federal charter regulations apply to transit.)
❑ Human service agency appointments
❑ Fuel Assistance
B. How will the transportation service be provided? (Check all that apply)
® Public Transportation System
® Private Provider
® Taxi Service
❑ Volunteer Driver
7
Board of Commissioners Meeting
08/15/2011
9 -2 -7
C. Are any of the RGP funded services the transit system will provide listed as an unmet need or
gap in service in the Public Transit -Human Service Coordination Plan or any other transportation
Yes
plan for your county? IMPORTANT: A copy of the page(s) from the plan that describe the need /gap
must be provided with the application.
D. If the transit system's Community Transportation Service Plan (CTSP) is less than six years
old, does it describe and evaluate the general public services the transit system does in the county
for citizens who need transportation but don't have a human service agency or organization to
N/A
pay for the service? IMPORTANT: A copy of the page(s) from the plan that describes these services
must be provided with the application~,
E. Does the CTSP recommend any new RGP funded services for FY2012?
IMPORTANT: A copy of the page(s) from the plan that describes these services must be provided with
N/A
the application.
Rural General Public Program Questions (con't)
Yes or No
F. Will RGP services be provided to citizens who need transportation but don't have a human
Yes
service agency or organization to pay for the service?
G. Will any of the RGP funded services be restricted based on origin, timing or destination of
No
the trip to control the expenditure of funds overtime?
H. Since the subrecipient can only use RGP funds to pay for 90% of the cost of a trip, will the
Yes, along ith
g
Community Transit System use fare revenue to generate the local 10% match requirement for
NHC funds
RGP funds?
If yes, how much will the fare be? 1.50
If yes, how will the fare revenue be used? Matching funds
If no, describe the source of the required matching funds? N/A
I. Will RGP funded trips be coordinated with human service agency trips?
Yes
J. How will the Community Transit System market the proposed RGP funded services?
Wave Transit markets RGP routes with our other fixed bus routes. In addition, Wave Transit attends
public speaking and civic events throughout the year in order to provide information to all individuals
about this service.
K. Will the Community Transit System use any of their RGP sub - allocation as matching funds
for any of the following programs? (Matching funds for operating assistance only)
5310 — Elderly Individuals and Individuals with Disabilities Program
5311 - Non - urbanized Area Formula Program
No
5316 — Job Access and Reverse Commute Program (JARC)
5317 — New Freedom Program
L. Is any part of the county in an urbanized area according to the 2000 census?
Yes
Board of Commissioners Meeting
08/15/2011
9 -2 -8
M. RGP funded services are expected to be provided throughout the entire year. If the RGP
funds are expended in less than a year, will the county provide county funds to prevent the
discontinuation of transportation services?
NHC Finance
Director will be
aware of funds
expended, and
determination
will be made if
additional funds
are needed.
Wave Transit
will support
RGP using
general
operating funds
if RGP funds
are expended.
9
Board of Commissioners Meeting
08/15/2011
9 -2 -9
2011-2012 ROAP Allocations
COUNTIES
Formula
Funds
Additional
Funds
EDTAP
Pro
Formula
Funds
Additional
Funds
EMPIL
Pro
Formula
Funds
Additional
Funds
RGP
Pro
TOTAL
2012
Alamance
$71,678
$33,004
$104
$64,681
$0
$64,681
$74,812
$42,537
$117,349
$286,712
Alexander
$40,755
$18,764
$59
$17,681
$0
$17,681
$35,542
$20,208
$55,750
$132,950
Alle
$33,807
$15,565
$49
$6,363
$0
$61363
$261324
$14,967
$41,291
$97,026
Anson
$38,853
$17,888
$56741
$25,926
$0
$25,926
$31,253
$17,769
$49,022
$131,689
Ashe
$391359
$18,121
$57
$16,311
$0
$161311
$311712
$18,030
$49,742
$123,533
Aver
$35,680
$16,427
$52
$8,706
$0
$8
$28,816
$16,383
$45
$106,012
Beaufort
$46,202
$21,273
$67
$28,529
$0
$28,529
$39,107
$22,234
$61,341
$157,345
Bertie
$36,876
$16,978
$53
$13,863
$0
$13,863
$29,457
$16,748
$461205
$113,922
Bladen
$40,864
$18,814
$59
$27,390
$0
$27,390
$33,676
$19,148
$52,824
$139,892
Brunswick
$68,986
$31,765
$100751
$46,473
$0
$461473
$60,235
$34,248
$94,483
$241,707
Buncombe
$96,875
$44,608
$141
$59,417
$0
$59,417
$75,558
$42,961
$118,519
$319,419
Burke
$58,692
$27,024
$85716
$44,517
$0
$44,517
$54,054
$30,734
$841788
$215,021
Cabarrus
$71,035
$32,707
$103742
$25,871
$0
$25,871
$42,710
$24,284
$66,994
$196,607
Caldwell
$55,255
$25,441
$80
$24,143
$0
$24,143
$50,686
$28,819
$79,505
$184,344
Camden
$321627
$15,021
$47
$7,909
$0
$71909
$25,785
$14,660
$40,445
$96,002
Carteret
$51,685
$23,797
$75
$28,788
$0
$28,788
$45,232
$25,717
$70,949
$175,219
Caswell
$381032
$17,509
$55
$12,807
$0
$12
$30,680
$17,443
$481123
$116,471
Catawba
$72,632
$33,443
$106
$31,268
$0
$31,268
$55,604
$31,615
$87,219
$224,562
Chatham
$46,565
$21,440
$68
$20,865
$0
$20,865
$44,202
$25,132
$69,334
$158,204
Cherokee
$39,956
$18,396
$58
$10,388
$0
$10,388
$31,836
$18,100
$491936
$118,676
Chowan
$34,819
$16,030
$50
$12,240
$0
$12,240
$27,584
$15,682
$43,266
$106,355
Cla
$33,988
$15,648
$49
$6,180
$0
$61180
$26,070
$14,822
$40,892
$96,708
Cleveland
$60,954
$28,066
$89
$47,352
$0
$47,352
$57,228
$32,539
$89,767
$226,139
Columbus
$49,829
$22,942
$72771
$32, 177
$0
$32,177
$42,260
$24,028
$661288
$171,236
Craven
$58,212
$26,803
$85
$50,253
$0
$50,253
$57,806
$32,867
$90,673
$225,941
Cumberland
$103,519
$47,665
$151
$122,344
$0
$122,344
$62,415
$35,488
$971903
$371,431
Currituck
$37,108
$17,086
$54
$9,555
$0
$9
$30,766
$17,492
$48,258
$112,007
Dare
$39,036
$17,972
$57
$14,720
$0
$14,720
$34,494
$19,612
$54,106
$125,834
Davidson
$75,279
$34,662
$109
$55,468
$0
$55,468
$78,136
$44,427
$122,563
$287,972
Davie
$42,605
$19,615
$62
$16,600
$0
$16,600
$37,110
$21,100
$58,210
$137,030
Duplin
$46,596
$21,454
$68
$23,768
$0
$23,768
$41,323
$23,495
$641818
$156,636
Durham
$88,363
$40,687
$129
$38,473
$0
$38,473
$32,569
$18,518
$51,087
$218,610
Eastern Band of
the Cherokee
$0
$0
$0
$0
$0
$0
$25,205
$14,330
$39,535
$39,535
Ed
$45,990
$21,174
$67
$68,585
$0
$68,585
$34,496
$19,614
$54,110
$189,859
Fors
$115,921
$53,377
$169
$80,528
$0
$80,528
$64,959
$36,935
$1011894
$351,720
Franklin
$45,784
$21,079
$66
$21,032
$0
$21,032
$431280
$24,607
$67,887
$155,782
Gaston
$90,059
$41,467
$131
$48,087
$0
$48,087
$69,016
$39,241
$108,257
$287,870
Gates
$33,778
$15,551
$49
$7,886
$0
$71886
$26,521
$15,078
$411599
$98,814
Graham
$32,917
$15,154
$48
$5,619
$0
$51619
$25,119
$14,281
$39,400
$93,090
Granville
$45,199
$20,810
$66
$26,110
$0
$26,110
$42,658
$24,254
$661912
$159,031
Greene
$36,085
$16,615
$52700
$11,424
$0
$11,424
$29,906
$17,003
$46,909
$111,033
Guilford
$149,581
$68,877
$218
$111,925
$0
$111,925
$60,216
$34,238
$941454
$424,837
Halifax
$49,447
$22,767
$72
$23,877
$0
$23,877
$41,858
$23,799
$65,657
$161,748
Harnett
$57,580
$26,511
$84
$38,258
$0
$38,258
$62,257
$35,398
$971655
$220,004
Ha
$50,206
$23,116
$73
$48,359
$0
$48,359
$42,868
$24,373
$67,241
$188,922
Henderson
$65,432
$30,128
$95
$37,126
$0
$37,126
$54,915
$31,223
$86,138
$218,824
Hertford
$38,687
$17,811
$56
$12,919
$0
$12,919
$30,835
$17,531
$48,366
$117,783
Hoke
$41,268
$19,001
$60
$17,436
$0
$17,436
$38,661
$21,981
$601642
$138,347
H
$31,802
$14,640
$46
$5,976
$0
$51976
$24,249
$13,787
$38,036
$90,454
Iredell
$71,753
$33,038
$104791
$57,770
$0
$571770
$77,880
$44,282
$1221162
$284,723
Jackson
$40,659
$18,720
$59
$15,644
$0
$15,644
$34,634
$19,692
$54,326
$129,349
Johnston
$71,949
$33,128,
$105
$49,844
$0,
$49,844
$81,843
$46,535,
$128,378
$283,299
2011-2012 Allocations
Board of Commissioners Meetin
08/15/2011
9-3-1
2011-2012 ROAP Allocations
COUNTIES
Formula
Funds
Additional
Funds
EDTAP
Pro
Formula
Funds
Additional
Funds
EMPL
Pro
Formula
Funds
Additional
Funds
RGP
Pro
TOTAL
2012
Jones
$34,004
$15,654
$49
$6,910
$0
$61910
$25,933
$14,744
$40,677
$97,245
Lee
$46,019
$21,188
$67
$19,491
$0
$19,491
$43,057
$24,481
$67,538
$154,236
Lenoir
$481491
$22,326
$70
$38,486
$0
$38
$42,583
$24,211
$66,794
$176,097
Lincoln
$50,752
$23,368
$74
$23,846
$0
$23,846
$49,120
$27,928
$77,048
$175,014
Macon
$42,789
$19,700
$62
$12,269
$0
$12,269
$34,543
$19,640
$54,183
$128,941
Madison
$36,196
$16,665
$52
$8,801
$0
$8
$29,716
$16,895
$461611
$108,273
Martin
$38,033
$17,510
$55
$11,499
$0
$11,499
$30,780
$17,500
$48,280
$115,322
McDowell
$44,069
$20,290
$64
$181463
$0
$18,463
$0
$0
$0
$82,822
Mecklenbur
$212
$97,806
$310
$4391471
$0
$439,471
$87,051
$49,496
$1361547
$886,236
Mitchell
$35,765
$16,467
$52
$7,562
$0
$7
$27,993
$15,915
$43,908
$103,702
Montgomery
$38,480
$17,716
$56
$14,482
$0
$14,482
$32,240
$18,331
$50,571
$121,249
Moore
$58,482
$26,927
$85
$28,637
$0
$28,637
$53,096
$30,190
$83,286
$197,332
Nash
$58,586
$26,976
$85
$25
$0
$25,844
$41,135
$23,388
$64,523
$175,929
New Hanover
$81,401
$37,481
$118
$47,837
$0
$47,837
$54,830
$31,175
$86,005
$252,724
Northampton
$38,300
$17,633
$55
$11,607
$0
$111607
$29
$16,929
$46,706
$114,246
Onslow
$61,789
$28,449
$90
$50,744
$0
$50,744
$56,951
$32,381
$89,332
$230,314
Orange
$55,032
$25,338
$80
$33,410
$0
$33,410
$42,822
$24,347
$67,169
$180,949
Pamlico
$34,769
$16,007
$50776
$9,527
$0
$9
$26,883
$15,284
$42,167
$102,470
Pas
$41,868
$19,276
$61
$24,081
$0
$24,081
$37,143
$21,119
$58,262
$143,487
Pender
$46,213
$21,277
$67
$22,796
$0
$22,796
$41,123
$23,381
$641504
$154,790
Perquimans
$34,750
$15,998
$50748
$7,629
$0
$71629
$26,934
$15,313
$42,247
$100,624
Person
$41,000
$18,876
$59
$18,201
$0
$18,201
$35,879
$20,400
$561279
$134,356
Pitt
$66,861
$30,786
$97
$49,052
$0
$49,052
$49,215
$27,982
$77,197
$223,896
Polk
$37,193
$17,123
$54
$9,526
$0
$9
$29,188
$16,595
$451783
$109,625
Randolph
$71,441
$32,894
$104
$56,829
$0
$56
$72,727
$41,351
$114,078
$275,242
Richmond
$45,454
$20,927
$66
$37,505
$0
$37,505
$38,913
$22,125
$61,038
$164,924
Robeson
$69,651
$32,070
$101721
$78,249
$0
$78
$68,708
$39,065
$107,773
$287,743
Rockin
$59,040
$27,184
$86
$41,216
$0
$41,216
$54,841
$31,182
$86,023
$213,463
Rowan
$71,470
$32,908
$104
$41,506
$0
$41
$72,038
$40,960
$112,998
$258,882
Rutherford
$51,385
$23,658
$75
$34,915
$0
$34,915
$44,917
$25,538
$70,455
$180,413
Sampson
$50,832
$23,404
$74
$28,688
$0
$28
$45,478
$25,857
$71,335
$174,259
Scotland
$41,584
$19,145
$60729
$32,222
$0
$32,222
$35,403
$20,130
$55,533
$148,484
Stanly
$47,806
$22,012
$69
$24,848
$0
$24,848
$43,594
$24,786
$681380
$163,046
Stokes
$44,578
$20,523
$65
$20,366
$0
$20,366
$38,894
$22,114
$61,008
$146,475
S u rry
$52,359
$24,107
$76
$25,317
$0
$25,317
$48,475
$27,561
$761036
$177,819
Swain
$34,764
$16,005
$50769
$7,022
$0
$7
$25,783
$14,659
$40,442
$98,233
Trans
$41,215
$18,975
$60
$17,757
$0
$17,757
$33,339
$18,956
$52,295
$130,242
T
$31,423
$14,467
$45
$4,859
$0
$41859
$0
$0
$0
$50,749
Union
$72,762
$33,502
$106
$73,561
$0
$73,561
$91,784
$52,188
$143
$323,797
Vance
$44,052
$20,281
$64
$17,625
$0
$171625
$37,770
$21,474
$59,244
$141,202
Wake
$188,750
$86,914
$275564
$207,513
$0
$207,513
$150,579
$85,619
$2361198
$719,375
Warren
$36,851
$16,967
$53
$14,092
$0
$14,092
$29,393
$16,711
$46,104
$114,014
Washington
$34,680
$15,966
$50
$15,921
$0
$15,921
$26,941
$15,317
$421258
$108,825
Watau
$40,403
$18,601
$59
$11,822
$0
$11,822
$38,393
$21,829
$60,222
$131,048
Wa
$62,392
$28,727
$91
$36,645
$0
$36,645
$50,018
$28,438
$781456
$206,220
Wilkes
$52,116
$23,995
$76
$50,218
$0
$50,218
$46,225
$26,282
$72,507
$198,836
Wilson
$55,974
$25,771
$81745
$23,237
$0
$23,237
$50,641
$28,794
$79,435
$184,417
Yadkin
$41,568
$19,139
$60707
$13,711
$0
$13,711
$35,782
$20,345
$56,127
$130,545
Yancey
$36,425
$16,770
$531195
$8,493
$0
$8
$28,904
$16,433
$45
$107,025
TOTALS
$5,463,048
$2,515,328
$7
1 $3,503,7391
$ol
$3
$4,423,950
$2,515,328
$6
1 $18,421,3931
2011-2012 Allocations
Board of Commissioners Meetin
08/15/2011
9-3-2
Important — A public hearing MUST be conducted whether or not requested by the Public.
ROAP PUBLIC HEARING RECORD
Date Public Notice was published: August 4, 2011
APPLICANT: New Hanover County
DATE: August 15, 2011
PLACE: New Hanover County Courthouse, 24 N 3 rd Street, Wilmington, NC 28401
TIME: 9:00am
How many COMMISSIONERS attended the public hearing?
How many members of the PUBLIC attended the public hearing?
Public Attendance Surveys
F (Attached)
F (Offered at Public Hearing but none completed)
I, the undersigned, representing New Hanover County do hereby certify to the North Carolina
Department of Transportation, that a Public Hearing was held as indicated above and
During the Public Hearing
❑ (NO public comments)
F (Public Comments were made and meeting minutes
will be submitted after board approval)
The estimated date for board approval of meeting minutes is:
Signature of Clerk to the Board
Printed Name and Title
Date
............................................................... ...............................
Affix County Seal Here
.................................................................. ...............................
Board of Commissioners Meeting
08/15/2011
9 -4 -1
Voluntary Title VI Public Involvement
Title VI of the Civil Right's Act of 1964 requires North Carolina Department of
Transportation to gather statistical data on participants and beneficiaries of the agency's
federal -aid highway programs and activities. The North Carolina Department of
Transportation collects information on race, color, national origin and gender of the
attendees to this public meeting to ensure the inclusion of all segments of the population
affected by a proposed project.
The North Carolina Department of Transportation wishes to clarify that this information
gathering process is completely voluntary and that you are not required to disclose the
statistical data requested in order to participate in this meeting. This form is a public
document.
The completed forms will be held on file at the North Carolina Department of
Transportation. For Further information regarding this process please contact Sharon
Lipscomb, the Title VI Manager at telephone number 919.508.1808 or email at
slip scomb @ncdot. gov.
Project Name: Date:
Meeting Location:
Name (please print)
Gender:
F Male F Female
General ethnic identification cateLyories (check one)
I I Caucasian I I I Hisbanic American I I I American Indian/Alaskan Native
❑African American Asian/Pacific Islander Other:
Color: National Orrin:
After you complete this form, please fold it and place it inside the designated box on the
registration table.
Thank you for your cooperation.
Board of Commissioners Meeting
08/15/2011
9 -4 -2
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Board of Commissioners Meeting
08/15/2011
9 -5 -1
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Board of Commissioners Meeting
08/15/2011
9 -5 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 10
DEPARTMENT: PRESENTER(S): Jim Morton, Airlie Gardens Foundation, Inc.
Board of Directors President
CONTACT(S): Sheila L. Schult, Clerk to the Board and Jim McDaniel, Parks, Gardens and Senior Resources
Director
SUBJECT:
Airlie Gardens Foundation, Inc. Board of Directors Annual Update
BRIEF SUMMARY:
The Airlie Gardens Foundation, Inc. Board of Directors will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
Airlie Gardens Foundation, Inc. Board of Directors Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
08/15/2011
10 -0
AIRLIE GARDENS FOUNDATION, INC. BOARD OF DIRECTORS
Members: 11
10 Board members appointed by Commissioners: 9 at -large members; 1 Commissioner
1 Member of the Corbett family appointed by Corbett Package Company
Terms: 3 -year terms
Regular Meetings: Meetings are held on the third Tuesday of every month at 8:00 a.m. at Airlie
Gardens, 802 Airlie Road, Wilmington, NC.
Statute or Cause Creating Task Force: New Hanover County Board of Commissioners
established the Foundation Board on February 15, 1999
Purpose: The general purposes of the Foundation are as follows:
1. To establish an endowment and receive and distribute monies for prospective funding of
capital improvements at Airlie Gardens and to encourage the accumulation and
dissemination of knowledge of the history and natural heritage of Southeastern North
Carolina.
2. To arrange for such meetings of Foundation officers or other interested individuals, as
may be legally necessary, or considered desirable in the furtherance of the aims and
purposes of Airlie Gardens.
3. To encourage and arrange for gifts, grants, bequests, and devises to the Foundation for its
work in the furtherance of the objectives for which it is organized, and to provide for the
proper expenditure, use, and conservation of all gifts, grants, bequests, and devises so
received.
4. To serve in an advisory capacity to the gardens staff and County Commissioners by
providing advice and direction for operations, policy, capital improvements, and program
development.
5. To provide oversight to all internal groups including but not limited to: volunteers, special
event committees and the Airlie Gardens Guild.
6. To foster relationships with other related organizations.
7. To serve as ambassadors for the gardens to the community.
8. To participate in and support Airlie Gardens events and programs.
Board of Commissioners Meeting
08/15/2011
10 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Hank Estep
First 6/20/11
6/30/14
3213 Snowberry Court (28409)
P.O. Box 2263
Wilmington, NC 28402
792 -9584 (H) 798 -2226 (W) 232 -8272 (C)
Hannah Holt
Unexpired 8/14/06
6/30/08
809 Oyster Landing
First 6/16/08
6/30/11
Wilmington, NC 28405
Second 6/20/11
6/30/14
256 -9884 (H) 515 -5241 (C)
Mark S. Johnson
Unexpired 4/21/08
6/30/09
2236 Lynnwood Drive
First 6/22/09
6/30/12
Wilmington, NC 28403
679 -1209 (H) 616 -3265 (C)
Board of Commissioners Meeting
08/15/2011
10 -1 -1
AIRLIE GARDENS FOUNDATION, INC. BOARD OF DIRECTORS (CONY.)
Revised: 6/21 /11
Board of Commissioners Meeting
08/15/2011
10-1-2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Sarah Bellamy (Lyell) McMerty
Unexpired 04/18/06
6/30/07
2001 Marsh Harbor Place 28405 (H)
First 6/18/07
6/30/10
3048 River Road, SE (W)
Second 6/21/10
6/30/13
Winnabow, NC 28479
256 -4166 (H) 371 -5903 (W)
James (Jim) Patrick Morton, President
First 7/24/06
6/30/09
3624 St. Francis Drive (09)
Second 6/22/09
6/30/12
1740 Airport Boulevard, Suite 12
Wilmington, NC 28405
341 -4333 X -1003 (W) 264 -1538 (C)
Anne Murray, Secretary
Unexpired 4/21/08
6/30/09
1631 Airlie Forest Court
First 6/22/09
6/30/12
Wilmington, NC 28403
547 -9150 (C) 675 -6979 (W)
Vivian "Zekie" Partin, Treasurer
Unexpired 4/21/08
6/30/10
112 Lee's Cut
First 6/21/10
6/30/13
Wrightsville Beach, NC 28480
256 -9530 (H)
Anne Carrington Schaeffer
First 6/21/10
6/30/13
6605 Spring Garden Drive
Wilmington, NC 28403
509 -4202 (H) 392 -2700 (W)
Anne J. Sorhagen, Vice - President
Unexpired 8/13/07
6/30/09
6320 Guinea Lane
First 6/22/09
6/30/12
Wilmington NC 28409
790 -7876 (H)
County Commissioner: Ted Davis, Jr.
Ratified 6/21/99
230 Government Center Drive, Suite 175
Wilmington, NC 28403
798 -7149 (NHC Office) 763 -6249 (W)
Corbett Family Representative:
New Hanover County Liaison: Andre Mallette
230 Government Center Drive, Suite 195
Wilmington, NC 28403
798 -7184 (W)
Director: Jim McDaniel
Airlie Gardens
File: /Airlie
301 Airlie Road
B/C #38 -6.11
Wilmington, NC 28403
798 -7700
Revised: 6/21 /11
Board of Commissioners Meeting
08/15/2011
10-1-2
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 11
DEPARTMENT: PRESENTER(S): Richard Collier, Former Chairman, New Hanover
County Planning Board
CONTACT(S): Sheila L. Schult, Clerk to the Board and Chris O'Keefe, Planning & Inspections Department
Director
SUBJECT:
New Hanover County Planning Board Annual Update
BRIEF SUMMARY:
The New Hanover County Planning Board will make its annual presentation to the Board of Commissioners.
Attached is the information regarding this board.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Planning Board Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
08/15/2011
11 -0
NEW HANOVER COUNTY PLANNING BOARD
Number of Members: 7
Term of Office: Three years
Compensation: $20.00 per meeting
Regular Meetings: First Thursday of every month at 5:30 p.m. in the Assembly Room of the
New Hanover County Courthouse, 24 North Third Street, Wilmington, NC.
Statute or cause creating Board: N. C. General Statutes 153A -321. New Hanover County
Ordinance and Resolution establishing Planning Board dated September 2, 1980, for the purpose
of planning and making recommendations in order that the elected and appointed officials of the
County may competently perform their duties.
Brief on the functions: Make studies of the County and surrounding areas; determine
objectives to be sought in the development of the study area; prepare and adopt plans for
achieving these objectives; develop and recommend policies, ordinances, administrative
procedures, and other means for carrying out plans in a coordinated and efficient manner; advise
the Board of Commissioners concerning the use and amendment of means of carrying out plans;
exercise any functions in the administration and enforcement of various means for carrying out
plans that the Board of Commissioners may direct; perform any other related duties that the
Board of Commissioners may direct. Much of the Board's time is consumed with Land Use
Planning, Zoning, and Growth Management Issues.
Board of Commissioners Meeting
08/15/2011
11 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Troy Barboza
Unexpired 7/12/10
7/31/12
6118 Chilcot Lane
Wilmington, NC 28409
796 -0672 (H) 262 -0321 (W)
Richard M. Collier
Unexpired 5/21/07
7/31/09
3708 Needle Sound Way
First 7/20/09
7/31/12
Wilmington, NC 28409 -2829
790 -5769 (H) 520 -7754 (W)
C. Andrew Heath, Jr. (Andy), Vice - Chairman
First 7/21/08
7/31/11
3513 Aster Court
Second 7/11/11
7/31/14
Wilmington, NC 28409
790 -4580 (H) 858 -1904 (W) 368 -9610 (C)
Daniel Hilla
Unexpired 10/18/10
7/31/11
311 -8A Judges Road
First 7/11/11
7/31/14
Wilmington, NC 28405
686 -4464 (H) 443 -4454 (W)
Board of Commissioners Meeting
08/15/2011
11 -1 -1
NEW HANOVER COUNTY PLANNING BOARD (CONY.)
Revised 8/8/2011
Board of Commissioners Meeting
08/15/2011
11 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Melissa Gott Johnson, Chairman
First 7/24/06
7/31/09
602 Chestnut Street
Second 7/20/09
7/31/12
Wilmington, NC 28401
547 -8050 (H) 251 -6088 (W)
Tamara Carter Murphy
First 7/12/10
7/31/13
5105 Exton Park Loop
Castle Hayne, NC 28429
623 -4011 (H) 251 -4048 (W)
Anthony Prinz
Unexpired 11/15/10
7/31/13
2116 Klein Road
Wilmington, NC 28405
750 -2418 (C)
Director: Chris O'Keefe
File: /Planning
Planning and Zoning Manager: Jane Dautridge
B/C #24- 7.11
Planning &Inspections Department
230 Government Center Drive, Suite 150
Wilmington, NC 28403
798 -7165
Revised 8/8/2011
Board of Commissioners Meeting
08/15/2011
11 -1 -2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 12
DEPARTMENT: PRESENTER(S): Tommy Taylor, New Hanover County Juvenile
Crime Prevention Council Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Chris Coudriet, Assistant County Manager
SUBJECT:
New Hanover County Juvenile Crime Prevention Council Annual Update
BRIEF SUMMARY:
The New Hanover County Juvenile Crime Prevention Council will make its annual presentation to the Board
of Commissioners. Attached is the information regarding this board.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Juvenile Crime Prevention Council Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
08/15/2011
12 -0
NEW HANOVER COUNTY
JUVENILE CRIME PREVENTION COUNCIL
Members: Representatives from the following categories: school superintendent or
designee, police chief or designee, sheriff or designee, district attorney or designee, chief court
counselor or designee, AMH /DD /SA director or designee, DSS director or designee, county
manager or designee, substance abuse professional, member of faith community, county
commissioner, 2 under age 18, juvenile defense attorney, chief district judge or designee,
member of business community, health director or designee, United Way or other non - profit
member, parks and recreation representative, and up to 7 at -large members appointed by County
Commissioners. (Limited to no more than 26.)
Terms: 2 -year terms (Changed from 3 year terms to reflect requirements of General Statutes)
9/06
Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:30 p.m.) in Human
Resources Training Room B in the New Hanover County Government Center, 230 Government
Center Drive, Wilmington, NC.
Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12/21/98.
Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are
at -risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify
community risk factors; recommend allocation of state funding for youth programs that address
these risk factors; and evaluate the effectiveness of these programs.
Board of Commissioners Meeting
08/15/2011
12 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Business Community
First 9/22/08
9/30/10
Joe Miller, Secretary/Treasurer
Second 9/20/10
9/30/12
7103 Centallion Court
Wilmington, NC 28411
538 -5639 (C) 796 -1022 (W)
Faith Community
First 9/20/10
9/30/12
Tanya Bell Millhouse
626 Tabor Lane
Wilmington, NC 28405
297 -8224 (C)
Juvenile Defense Attorney
First 9/20/10
9/30/12
Charlotte Noel Fox
1504 Lamplighter Way
Wilmington, NC 28403
395 -4798 (H) 815 -0085 (W)
Parks and Recreation Representative
First 6/18/07
9/30/09
Ryan Tunstall, Wilmington Recreation Dept.
Second 9/21/09
9/30/11
453 Drake Court
Wilmington, NC 28403
341 -0057 (W)
Board of Commissioners Meeting
08/15/2011
12 -1 -1
JUVENILE CRIME PREVENTION COUNCIL (CONT.
Board of Commissioners Meeting
08/15/2011
12-1-2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Under Age 18 (Student)
First 9/21/09
9/30/11
Deshon Montrael Barfield
1819 Ann Street
Wilmington, NC 28401
762 -3643 (H) 264 -1685 (C)
Noah W. Ponton
First 11/15/10
9/30/12
4534 Noland Drive
Wilmington, NC 28405
520 -3899 (H) 520 -8481 (C)
Members -at -Large
First 8/14/06
9/30/09
Henry L. Batts, Jr.
Second 9/21/09
9/30/11
2 Diamond Drive
Castle Hayne, NC 28429
675 -9648 (H)
Hattie Cooper - McIver
First 8/14/06
9/30/09
c/o Wilmington Housing Authority
Second 9/21/09
9/30/11
1524 S. 16th Street
Wilmington, NC 28401
793 -2022 (H) 341 -3217 (W)
William Austin Crews, Jr.
First 8/14/06
9/30/09
721 -B Melba Court
Second 9/21/09
9/30/11
Wilmington, NC 28405
262 -8199 (H/W)
Glenn W. Drew
First 9/22/08
9/30/10
7421 Coker Court
Second 10/18/10
9/30/12
Wilmington, NC 28411
681 -0463 (H) 470 -0646 (C)
Ryan Estes
First 9/21/09
9/30/11
715 North Fourth Street, Unit 301
Wilmington, NC 28401
336 - 926 -2896 (C) 588 -4404 (W)
Jake Hunt
First 9/20/10
9/30/12
310 N. Front Street, Suite 4, #337
Wilmington, NC 28401
632 -9328 (H) 622 -5253 (C)
County Commissioners' Designee
Chris Coudriet
Unexpired 11/2/09
9/30/11
New Hanover County Assistant Manager
230 Government Center Drive, Suite 195
Wilmington, NC 28403
798 -7184 (W)
Board of Commissioners Meeting
08/15/2011
12-1-2
JUVENILE CRIME PREVENTION COUNCIL (CONT.
Board of Commissioners Meeting
08/15/2011
12 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Agency Representatives:
District Attorney: Jason Smith
Undesignated
Judge of District Court: Judge JH Corpening
Sheriff Department: Novella H. Frieslander
Wilmington City Police: Melissa Moore
Substance Abuse Center: John Dail
DSS: LaVaughn Nesmith/Wanda Marino
Health Department: Diane Kirby
Juvenile Courts: Lyana Palmer
Southeastern Center: Amy Horgan, Vice -Chair
Schools: Dr. Rick Holliday
United Way: Tommy Taylor, Chairman
NC JJ &DP Consultant: Jesse Riggs
Revised: 6/8/2011
File: /JCPC 11/10
Board of Commissioners Meeting
08/15/2011
12 -1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 13
DEPARTMENT: DSS PRESENTER(S): Elizabeth Mandel, Chair, Community Child
Protection Team; LaVaughn Nesmith, Social Services Director; and
Wanda Marino, Assistant Director, Social Work Services
CONTACT(S): LaVaughn Nesmith, Wanda Marino
SUBJECT:
Community Child Protection Team (CCPT) Annual Report
BRIEF SUMMARY:
Community Child Protection Teams were established as one means for the state and local communities to
form a partnership to strengthen child protection. General Statute 7B 1406 mandates the purpose and
composition of this team. The annual report to the Board of County Commissioners is vital to the overall
productivity of CCPT and represents a formal mechanism for our team to inform the county about child
protection needs.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept report and make recommended appointments.
ATTACHMENTS:
CCPT Annual Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Accept report and make recommended appointments.
COMMISSIONERS' ACTIONS:
Heard presentation and made recommended appointments.
Board of Commissioners Meeting
08/15/2011
13 -0
OVER
AL
arm.[A
".a , rlrRY
- Q1
COMMUNITY CHILD PROTECTION TEAM
New an_o y r County
1650 Greenfield Street - -- P.O. Drier 1559
Wilmington, NC 28402
Telephone 10) 798 -3476 - -- Fax ( 10 ) 798 -3491
(A ) Mandated Members. and
Cu rrent Repres
Director, NHC DDS
La Vaughn Nesmith
Assistant director, NHC BSS
Wanda Marino
Law Enforcement
ITC Sheriff's Office -- Lisa Savitt
Wrightsville Beach PD - Teresa Fountain
Wilrningto .P.D -- Melissa Moore
Carolina Beach — Vacant
Kure Beach -- Vacant
:District Attorney's office
Benjamin R. David,
District Attorney, 5"' Judicial District
N11C Community Action, Inc.
Cynthia J. Brown, Executive Director
NHC Schools
.Dr. Rick b Holliday
ITC .ASS Board Designate
Diana Woolley
Mental Health Professional
Southeast em Center - Amy Horgan
rat Judicial .district Guardian adLitern
Liz Ka kris- Jones, Executive Director
Lid' Department of Health
David E. lice, MP.
NHC Health Care Provider
Carousel Center -- Sonja Shanley, MD
(B ) Additional Members
Emergency Medical Services Provider
NHRA4C - Barbara Buechler,
Administrator, Women's and Children's
.hospital at New Hanover Regional
Medical Center
"' Judicial District Court Judge
J. H. Corpening, Chief
County Medical'Examiner
Vacant
Local Child Care Facility representative
NHC Smart Start -- Janet Nelson
Current At-Large Appointees of the
Board of Commissioners
Mi abeth K. Mandel, CEO
CAPP Center
Mary Ann Larva, ED
Domestic Violence Shelter and
Services, Inc.
Robert J. Speight, Chief Court Counselor
District 5 Dept. of Juvenile Justice,
Delinquency Prevention
ALILIst 1 5, 2011
Mr. Jonathan. Bat Chairman
New Hanover County Board of Commissioners
230 Government Center .Drive, Suite 175
Wilmington, NC 28403
Dear Chairman Barfield and Members of the Board:
Thi s report is being submitted by the New Hano er C 0 U 11 ty C 0 M In Ll111ty
Child Protection Team CCPT in cyder" to meet state law that was
established in response to EXMItiVe Order 142 in May 1991. The
duties and re ponsibilities of CCPT were adopted as North Carolina
Administrative Code 411.0400. The original purpose and composition
of the team were (further formalized and expanded by C.S. 7B 1406,
effective .duly 1, 1 993. This annual report is vital to the overall
productivity of CCPT and represents a formal rnecha» ism - or our team
to inform the county about child protection heeds,
The Col mUllity Child Protection Team is composed of public and non-
profit agency representatives, child advocates, lain enforcement and
citizens-at-large. They take action to identify and address gaps or
deficiencies in services and resoUrces through several avenues, one of
which i this annual report. It is a community team, In addition to
those members mandated or the additional designated by SIC G.S. 7
1406, the statute provides for appointment by the NHC
Commissioners of the Emergency Medical Services Provider
representative and up to five At-Large members. We recommend:
Provider of Emergency Medical Services:
Barbara Buechler, Administrator, 'women's and Children's
Hospital at New Hanover Regional Medical Center
•
At-Large members:
Elizabeth K. Mandel, Child Advocacy and Parenting Place
Exchange Club Center; Inc.
Mary Ann Lama, Domestic Violence Shelter and Services, Inc.;
Amy F ath, Rape Crisis Center,
Robert J. Sp rg t, District 5, Dept. of Juvenile Justice
Delinquency Prevention
,April Scott, Carousel Centers.
Board of Commissioners Meeting
08/15/2011
13 -1 -1
The Community Child .Protection Team is in a unique position to encourage conmiunity -wide involvement in the
prevention of child maltreatment and to engage citizens in the protection of children-at-risk. Members have an
opportunity to i dentify and respond to n th p revention/pr otect i on network , � aximizing th e use o
limited resources through creative, collaborative service delivery approaches to help mitigate local issues. In New
Hanover County the urunet service delivery to our children is addressed by two CUT teams:
1. The Case Worker Team appointed by the department lead team members, meets monthly to review barriers or
gaps in services for selected. cases in which children are being seared by child protective services and/or b
cases in which a child died as a result of suspected abuse or neglect and where a report of abuse or negleet .has
beer. made about the child o the child's faintly to the N C DSS within the previous 12 Months, or the child or
the child's fancily was a recipient of. child protective services within the previous 12 months. The team may also
review other types of cases which .impact on gild protection. within our community.
2 . The Department Head Team meet quarter to gather information from all case reviews and address the gaps
and deficiencies identified by the monthly meetings. The Team also conducts extensive child fatality reviews, as
appropriate. The CUT is charged by statute to "Teport to th e Board r of County Commissioners on an annual
basis with recommendations., if any, and r voea e { i s stein impi and needed r - e ow where gap
and deficiencies may exist. "
We want to recognize the work of the dozens of. members of our Community Child Protection Teams who keep
fighting against significant negative forces that can overwhelm even well - intentioned parents and caregivers. During
20 those teams reviewed cases and identified major gaps /needs in service delivery to our children and. now
repoil these priority concerns to the Commissioners charged by the General Statute:
( A) Mental H:ealth Services remain at the top of the fist again this year. a Because of the limited funding for
uninsured individuals and those who can't afford to pay, mental health services are limited for the citizens of
New Hanover County. b There is a need for a public education initiative to build awareness of the available
seI is s, system access, customer seine and quality control. c ) Hunian Service -related agencies must make
coordinated efforts to hold mental health providers accountable to supp.l r hIgh cost - effective care and
services th ensure positive outcomes.
(B) A growing concern for children using heroin and "'bath salts "'. (Note: new legislation went into effect on June 1 st
ma bath salts illegal.
( C) Child sexual abuse
(D) fnadequate childcare financial support for working - families and - families in crisis.
(E) Need for a ri te, consistent child abuse protocols in place to educate and improve reporting at schools,
hospitals, businesses, childcare facilities and other areas. A standard protocol exists and the CC PT mem can
offer the training a t .no- charge. The COPT asks the Commissioners to consider mandating such a protocol
and annual training for all county departments and other agencies receiving county funds.
( F) Services to address needs and resources for adolescents aging out of the system.
(Note: A. power point presentation accompanies this letter for details on each of these concerns.)
Board of Commissioners Meeting
08/15/2011
13 -1 -2
The New an ver County CCPT also works to promote child safety and prevent child maltreatment through
community education and by alerting legislators about the need for changes M. laws. Our primary task for this effort
is to engage the community and make visible the very important role we can all play in helping to provide every
child with a chance to thrive and succeed. This conversation is very challenging in the current environment, but the
CC PT accomplished many goals during x010. (b ,f im rtant note ... A11 events iver'e open t , tie ar li ivit oul
charge, veiy ivell a ttended i-vi h many at maxintum. Many o t hese events itvr e record r ed and continue to receive public aivarieness
and respon because of their airing on t h e IVHC public access ehanneL (Costs were underwritten without cou nt y or city fu nds.)
A. ) COLLABORATION: As a result of specific shortfalls in the cases reviewed, strong collaborative initiatives
have been developed with:
a. Southeastern Mental Health Center t advocate for appropriate mental health services, anproving out-
of=- home placement options and improved service coordination and delivery in our community.
b. New .. ano ver County Schools to advocate for training in the schools concerning issues regarding minors
and sexual contact between then, as well as retraining for the recognizing, - porting and dealing with
child .maltreatment issues.
o. NHC DSS and our District iet ore to develop a NHC Child fatality Protocol (ore of only a few SIC
counties to do so). The Protocol was subsequently updated in June 2011.
d.. L ocal agrencies to con to educate on impoilant issues, including the Safe Surrender and Back to
Sleep campaigns, :Darkness to Fight Stewards of C hi. Idr n and. osier pressi.ng issues.
( B ) COMMUNITY AWARENESS We continue to see strong community interest in our guest to advance
education and awareness:
APRIL 2010: CHILD ABUSE PREVENTION MONTH:
I C ommunity Forum April 3 , 10 `. rote tin F - e a tIo .�.... Turning l oI t f or
Children and Families" with The Duke E ndowment keynoting .g the changes takcing place in state
and national funding initiatives, and Judge J. Corpening' presentation of "The Power of One ";
ii. Proclamations from both the City and County Boards;
iii. Introduction of the Pinwheels for Prevention national campaign to build awareness ness and dozens of
other events sponsored b y community agencies.
b. Community Forum November 4, 2014 — "Uncovering the Myths of Child Sexual Abuse's featuring
J'enna Quinn, a survivor a n d wa rrior against sexual abuse of children and adolescents.
( C) COMMUNITY RECOGNITION.- Once again, the April 2010 "Flower Launch" recognized agencies
and professionals who work tirelessly to beep children safe. Mary Arm Adkins was the 2010 award recipient.
(D) C OLLABORATIVE ACTIONS: District .Attorney Ben David, in collaboration with NHC Sexual Assault
Response Team, began the conversation and leadership to begin the development of system -pride S I T (Sexual
Assault Response Team. ) :Protocols for standardized response to ch.il.d and adult victims of sexual assault..
(E) BUSINESS COMMUNITY INVOLVEMENT: PPD hosted a leadership forum to build awareness of the
importance of preventing child maltreatment and the effect on the life of our community if e fail to do so. They
continue their investment and commitment.
W e know v e have only just scratched the surface and recognize the budget difficulties still facing our community.,
state and nation. We also .recognize that some of these needs cannot be resolved locally. National, statewide and
local collaborations continue to work against tough adverse conditions that shape our children's lives, including
inadequate health protection, insufficient mental health resources, inadequacy of income, and unacceptable
educational attainment.
Board of Commissioners Meeting
08/15/2011
13 -1 -3
The New Hanover County CCPT members will corainue to attempt to find .resources and means to address
education and awareness deficiencies a.n our conununity. However, other um needs will require attention at thl
go ermu ntai policy and funding level. The current prolonged recession and even greater budget cuts slow positive
progress a resources become tragically thin and fami lies continue to attempt to deal with these 1 helming odds.
O n behalf o all of the members and volunteers o the Con - i unit Child .Protection Teams, we pledge our
commitment to continue the fight. We need and ask - for your attention, advocacy and support in a united effort to
protect and ensure the - future of the children of New Hanover County.
Sincerely,
Eliza etll K. Mandel, Chair
NHC Community Child Protection Team
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LaVaughn Nesmith, D1I'eCtOi'
NHC Department of Social Services
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Board of Commissioners Meeting
08/15/2011
13 -1 -4
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 14
DEPARTMENT: PRESENTER(S): Roger Kelley, Tax Administrator
CONTACT(S): Roger Kelley, Tax Administrator
SUBJECT:
Update on the 2012 Revaluation
BRIEF SUMMARY:
Roger Kelley, Tax Administrator, will present an update of the progress of the January 1, 2012 Revaluation.
He will include an overview of where we have been, where we are now and where we will be going; and be
prepared to discuss questions with the Board.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
08/15/2011
14 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 15
DEPARTMENT: PRESENTER(S): Roger Kelley, Tax Administrator
CONTACT(S): Roger Kelley, Tax Administrator
SUBJECT:
Presentation on Proposed 2012 Schedule of Values
BRIEF SUMMARY:
The proposed Schedules, Standards, and Rules for 2012 are submitted per NC General Statute 103- 317(c). A
copy of the Schedules are presented to the Board of Commissioners for consideration of approval.
A Public Hearing on the Schedule of Values will be held at the regular Board of Commissioners meeting on
September 6, 2011 at 6:00 p.m. or thereafter.
Approval by the Board of Commissioners will be scheduled for the September 19, 2011 meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request motion to schedule a Public Hearing regarding the 2012 Schedule of Values for September 6, 2011.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation and schedule a public hearing on September 6, 2011.
COMMISSIONERS' ACTIONS:
Heard presentation. Scheduled a public hearing on September 6, 2011.
Board of Commissioners Meeting
08/15/2011
15 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 16
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Roger Kelley, Tax Administrator and Avril Pinder, Finance Director
SUBJECT:
Acceptance of Collection Settlement Reports and Charge of the 2011 Levy
BRIEF SUMMARY:
As required by NCGS 105 -373 and 105 -321 the tax settlement for the 2010 tax levy and charge for the 2011
levy are submitted to the Board.
According to NCGS 105- 373(a)(3) the Tax Collector must make an annual settlement to the Governing
Board. The Collector will give information regarding the levy charged, collected, and remaining unpaid
debt.
This presentation will outline the progress of collections for the current year of 2010 -2011 and all delinquent
tax years currently collectible. Collection highlights of this year will be discussed. The Collector will also
ask the Board of Commissioners to release the 2001 unpaid taxes as they are barred from enforced
collections per NCGS 105 -378.
In addition, it is recommended the Board of Commissioners charge the Collector with the 2011 levy. If
approved, the Chairman, Clerk to the Board and Collector must sign the charge sheet.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the 2010 annual tax settlement and charge the Collector with collection of the 2011 levy.
ATTACHMENTS:
2011 Charge of Levy
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Accept the 2010 settlement and charge the Collector of Revenue with the collection of the 2011 levy.
COMMISSIONERS' ACTIONS:
Accepted the 2010 settlement and charged the Collector of Revenue with the collection of the 2011 levy by a
vote of 5 -0.
Board of Commissioners Meeting
08/15/2011
16 -0
August 15, 2011
State of North Carolina
County of New Hanover
To the Collector of Revenue of New Hanover County
You are hereby authorized, empowered and commanded to collect the taxes set forth in the tax records
filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you, in the
amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first
lien upon all real property of the respective taxpayers in the County of New Hanover and all jurisdictions
therein and this order shall be a full and sufficient authority to direct, require and enable you to levy on
and sell any real or personal property of such taxpayers for and on account thereof, in accordance with
the law.
Witness my hand and official seal this 15 th day of August 2011.
Jonathan Barfield, Jr., Chairman
New Hanover County Board of Commissioners
Attest:
Sheila L. Schult, Clerk to the Board
New Hanover County
I, Marion D. Harrell, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax
books for real estate and personal property of for Cape Fear, Federal Point, Carolina Beach, Kure Beach,
Harnett, Wrightsville Beach, Masonboro and Wilmington Townships for New Hanover County.
Marion D. Harrell, Collector of Revenue
New Hanover County
Board of Commissioners Meeting
08/15/2011
16 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 17
DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder, Finance Director
CONTACT(S): Avril M. Pinder, Finance Director
SUBJECT:
Consideration of Vote For or Against the Annexation of Monkey Junction by the City of Wilmington
BRIEF SUMMARY:
Recently passed Sessions Law allows property owners to petition to approve or deny a proposed annexation.
The City of Wilmington's proposed annexation of the Monkey Junction area is subject to this law. The
County, as a property owner in the proposed annexation area, has the ability to complete a petition. (Real
Property Parcel #R07600- 002 - 028 -000)
A copy of the "Petition to Deny Annexation (S.L.2011 -173 and S.L.2011 -177)" is attached. If for the
annexation no signature is necessary; if against the annexation the Chairman would need to sign the attached
petition and return to the New Hanover County Board of Elections.
Request Commissioners' consideration and vote for or against annexation of the Monkey Junction area by
the City of Wilmington.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the Commissioners vote either for or against annexation of the Monkey Junction area. If for
the annexation no signature is necessary; if against the annexation request the Manager sign the attached
petition to be returned to the New Hanover County Board of Elections.
ATTACHMENTS:
Petition to Deny Annexation of Monkey Junction Area
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider the vote.
COMMISSIONERS' ACTIONS:
A motion to sign the petition to deny annexation of the Monkey Junction Area was approved 5 -0.
Board of Commissioners Meeting
08/15/2011
17 -0
-jTLlj- I
Petition to Den Annexation (S.L. 2011-173 and S.L. 2011 -177)
k -v
in 0 01 , 61,L 6
41
Aimexation DescHption: Annexation of Monke Junction
FF YOU SUPPORT OR DO NOT OPPOSE THE ANNEXATION DO NOT RETURI
THIS PETITION.
IF YOU WISH TO OPPOSE THE ANNEXATION SIGN WHERE APPLICABLE AND
RETURN THIS PETITION TO:
NEW HANOVER COUNTY BOARD OF ELECTIONS
230 GOVERNMENT CENTER DRIVE, SUITE 180
WILMINGTON, NC 28403
L
IF
11 Ml=
Board of Commissioners Meetin
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TilhIlYT11-103 r.
The undersi owner(s) is petitionin to den the annexation noted abovj
7flml
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If the printed name on the petition form i's not the same as y our own, y ou must:
I. Complete the below notarization, and
2. Attach a cop of the deed, will, power of attorne or other document showin y our
f e interest in the subject propert
MOM
Count
The undersi
best knowled and belief, and si the Petition
attorne or other document as an owner.
bein dul sworn, state as true to the
with authorit under deed, will, power of
Propert Owner
Propert Owner
(Add additional si g nature lines as needed
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
that
a Notar Public of the State and Count aforesaid, certif
personall came before me this da and acknowledged the
due execution of the fore instrument,
WITNESS m hand and official seal, this da of .12011
Notar Public
M Commission Expires:
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R07600-002-028-000
The provisions of S.L. 2011 -173 as to the ann exation denial petition process are set out below. If
you wish to be considered as a property owner observer as to the determination of the effect of
petition returns on the proposed annexation, contact the Board of Elections, Selection of
observers will be made by lot from the pool of those willing to serve.
SECTION 2. pending Annexation/Petition to Deny Annexation Ordinance. — The
annexations described in Section 1 of this acct shall be subject to the following petition to deny annexation
process.
(1 )
within 30 days of the effective date of this act, the county tax assessor shall prepare a
list of the real property parcels within the area to be annexed and a list of the owners
of the parcel, and forward the list to the hoard of elections in the county where a
majority of the parcels proposed for annexation are located. The board of elections
shall prepare petitions for property owners of the Veal property located within the area
to sign opposing the annexation ordinance.
(2)
A petition shall include the naives of the property owners of the parcel of real
property listed individually, a signature line for each owner, and a statement that the
person signing is petitioning to deny the annexation.
(3)
The board of elections shall mail a petition to the address of record for those real
property owners within five business days of receipt from the county tax assessor of
the list.
(4)
The board of elections shall provide two methods by which property owners of the
real property located within the area described in the annexation ordinance may sign
a petition form prepared by the board of elections (i) in person or (H) by submitting
the signed petition form by mail. The board of clections shall also accept signatures
signed on a petition form prepared by the board of elections, but collected by another,
if that petition form is retuned to the board of elections in a sealed container.
(5)
If the signed petition is one that was mailed and the signer is not the same as the
preprinted name on the form, the signed petition shall be notarized and accompanied
by a copy of the legal authority for the signature of the person signing a petition.
(6)
If a petition is returned as undeliverable to the board of elections, the board of
elections shall send the petition return receipt requested. If the petition is returned
again, the hoard of elections shall not include that property owner in the total number
of eligible property owners.
(7)
The board of elections shall accept signatures on the petition until 130 days after
mailing the petitions under subdivision (3 ) of this section.
(8)
The determination of the results by the board of elections of the petition period shall
be observed by three property owners from the area proposed for annexation, chosen
by lot by the board of elections from among those who request to serve in this role,
and three persons designated by the municipality. A majority of the property owners
of a single parcel of real property roust sign the petition before the board of elections
may count that parcel as having submitted a petition to deny annexation.
(9)
within 10 business days after the close of the signature period, the board of elections
shall certify to the municipal governing body the number of petitions signed by
property owners of the real property located within the area to be annexed.
(10)
If the board of elections delivers to the municipal governing board petitions signed by
property owners of at least sixty percent (60 %) of the parcels located within the area
to be annexed as prodded in this section, the annexation shall be terminated, and the
municipality inay not adopt a resolution of consideration for the area described in the
annexation ordinance for at least 36 months.
(11 )
The municipality shall reimburse the board of elections the costs of the petition
process required under this section.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 18
DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer
CONTACT(S): Jim Iannucci, County Engineer
SUBJECT:
Consideration of Request for Renewal of Mason Inlet Waterbird Habitat Management Plan for 2011
(Year 10) with Audubon North Carolina to Meet Permit Requirements of the Mason Inlet Relocation
Project
BRIEF SUMMARY:
In 2002, New Hanover County successfully relocated Mason Inlet 3,000 feet north across the southern tip of
Figure 8 Island. As mitigation for impacts to habitats used by nesting waterbirds, New Hanover County was
directed to develop and implement a waterbird management plan for the Mason Inlet project area, including
the north end of Wrightsville Beach (Condition #16, USACOE Permit). As part of this plan, New Hanover
County was required to monitor the nesting success of waterbirds and shorebirds, document the number of
nests for each species, and document the species and number of non - breeding birds using the north end of
Wrightsville Beach.
Implementation of the management component of the Mason Inlet Waterbird Habitat Management Plan has
been carried out by Audubon North Carolina (the North Carolina State Office of the National Audubon
Society) under contract with New Hanover County, from 2003 - present.
Audubon North Carolina has successfully implemented the management component of the Mason Inlet
Waterbird Habitat Management Plan since 2003. The nesting of waterbirds and shorebirds has increased
dramatically, and habitat for waterbirds and shorebirds was restored.
The attached proposed contract concerns the 2011 (year 10) monitoring and management of the Wrightsville
Beach component of the Mason Inlet Waterbird Habitat Management Plan. The contract is for a not to
exceed amount of $20,833.81. The slight increase in the contract amount will cover additional hours for the
education coordinator and the design and printing of signage as needed.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that this contract be renewed for continued monitoring and management of waterbird
habitat on the northern end of Wrightsville Beach in the amount of $20,833.81 and authorization for the
Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project
ATTACHMENTS:
Audubon NC Proposal 2011
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
08/15/2011
18 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/15/2011
18 -0
Wrightsville Beach Waterbird Management Area
Waterbird Habitat Management
2011
Proposal
Prepared by:
Walker Golder
Audubon North Carolina
7741 Market Street, Unit D
Wilmington, NC 28411
910 - 686 -7527
Submitted:
April 25, 2011
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08/15/2011
18 -1 -1
Proposal to New Hanover County for Implementation of the Wrightsville Beach component of
the Mason's Inlet Waterbird Habitat Management Plan.
2011
Introduction
In 2002, New Hanover County successfully relocated Masons Inlet 3 000 feet north across the southern
tip of Figure 8 Island. As mitigation for impacts to habitats used by nesting waterbirds, New Hanover
County was directed to develop and implement a waterbird management plan for the Mason Inlet
project area, including the north end of Wrightsville Beach (Condition # 16, USACOE Permit). As part
of this plan, New Hanover County was required to monitor the nesting success of waterbirds and
shorebirds, document the number of nests for each species, and document the species and number of
non - breeding birds using the north end of Wrightsville Beach.
Implementation of the management component of the Mason's Inlet Waterbird Habitat Management
Plan has been carried out by Audubon North Carolina- -the North Carolina State Office of the National
Audubon Society- -under contract with New Hanover County, from 2003 - present. Implementation of
the monitoring component of the plan has been carried out by UNC- Wilmington, under the direction
of Dr. David Webster.
Audubon North Carolina (Audubon) has successfully implemented the management component of the
Mason's Inlet Waterbird Habitat Management Plan since 2003. Under Audubon's management,
human disturbances were controlled and greatly reduced. At the same time, nesting waterbirds and
shorebirds increased dramatically, and habitat for waterbirds and shorebirds was restored.
The monitoring component of the Waterbird habitat management plan has been implemented by
UNCW since 2002. Following discussions with Dr. David Webster, UNCW professor and principal
investigator for the bird monitoring component of the management plan, we determined that it would
be most efficient if Audubon assumed responsibilities for both the management and monitoring
associated with the north end of Wrightsville Beach on January 1, 2007. This resulted in the same
level of management and monitoring for the site and with reduced overall cost.
This proposal concerns the 2011 monitoring and management of the Wrightsville Beach component of
the Mason's Inlet Waterbird Habitat Management Plan.
The Mason's Inlet Waterbird Habitat Management Plan
The Mason's Inlet Waterbird Habitat Management Plan was developed through meetings and
discussions with representatives from Audubon, the North Carolina Wildlife Resources Commission
(NCWRC), and the U.S. Fish and Wildlife Service (USFWS), all of whom have extensive knowledge
of waterbird biology and management, with additional input from New Hanover County staff, US
Army Corps of Engineers, and Land Management Group, Inc. The original management plan,
developed in 2002, was later revised prior to the 2004 nesting season. Goals and actions outlined by
Audubon, NCWRC, and USFWS in the management plan, and in the revised management plan, were
consistent with waterbird management practices implemented on similar beaches throughout the
Atlantic and Gulf Coasts of the U.S.
One of the most critical factors required to meet the goals of the Waterbird Habitat Management Plan
is the prevention of human - induced disturbances to birds using the site. These disturbances result from
both passive and active recreation activity by people and dogs (leashed or unleashed). Disturbances
can be deliberate, such as a person or dog chasing birds or they can be seemingly benign, such as a
person walking calmly down the beach. Regardless, the reaction of the birds is the same. They leave
their nests or chicks until the threat (a person or dog) leaves the area. Chronic disturbances, even at
low levels, result in increased nest abandonment and failure, increased chick mortality, and eventually
Board of Commissioners Meeting
08/15/2011
18 -1 -2
abandonment of the nesting site. The impact of chronic or prolonged disturbances by people or dogs
can be exactly the same as a person deliberately stepping on an egg or chick.
Human disturbances and loss of habitat are the most significant threats to waterbirds. These two
factors present the greatest threat to most waterbird and shorebird species. The Mason's Inlet
Waterbird Habitat Management Plan specifically addresses disturbances from people and dogs and
outlines specific requirements to reduce human - induced disturbances. The Plan also specifically
includes public information and education activities that have been shown to be important for the
overall success of waterbird /shorebird management.
Monitoring is equally important. Long term monitoring bird use and productivity of nesting birds is
the only feasible means of assessing the effectiveness of management actions and assessing the overall
impact of the project on birds.
Five goals are outlined in the Mason's Inlet Waterbird Habitat Management Plan, along with specific
actions required to meet each of the goals. The goals include:
1. Identify and protect nesting habitat for waterbird species.
2. Provide high quality foraging and roosting habitat for waterbird species.
3. Restrain human and animal disturbances to waterbirds throughout the year.
4. Educate and inform the public about waterbirds and waterbird habitat in the project
area.
5. Monitor bird abundance year round in the project area.
Implementation
In April 2003, Audubon North Carolina (the North Carolina State Office of the National Audubon
Society) entered into a cooperative agreement with New Hanover County to manage the north end of
Wrightsville Beach in a manner that will restore the site for nesting birds. This agreement has been
renewed for every season since 2003.
As directed by County staff, Audubon's primary objective will be to implement one component of
Mason's Inlet Waterbird Habitat Management Plan; the component of the Plan pertaining to nesting
waterbirds on the north end of Wrightsville Beach. This would partially fulfill goals outlined in the
Plan and the corresponding condition of the permit issued for the relocation of Mason's Inlet.
To this end, Audubon proposes to complete each of the following:
1. Employ a biological technician to implement the Wrightsville Beach component of the
Mason's Inlet Waterbird Habitat Management Plan.
2. Locate colonies and nesting sites for waterbirds and shorebirds on the north and south
ends of Wrightsville Beach.
3. Post, rope off, and monitor the sites for the entire nesting season to prevent human
disturbances as outlined in the Mason's Inlet Waterbird Habitat Management Plan.
4. Document all human and dog disturbances.
5. Maintain signage for the entire nesting season.
6. Develop and advertise educational programs about birds of the area and offer to the public
free of charge; maintain interpretative panels at the information kiosk.
7. Redesign and produce interpretative panels for the information kiosk.
8. Assemble and coordinate volunteers to assist with management, protection, monitoring,
and education activities.
Completing the above objectives will result in compliance with the Mason's Inlet Waterbird Habitat
Management Plan and associated permits pertaining to waterbird and shorebird management on the
north and south ends of Wrightsville Beach.
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08/15/2011
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Monitoring
Audubon will continue monitoring breeding and non - breeding bird use on the north end of
Wrightsville Beach, following the same protocols as Dr. David Webster. Monitoring will include the
following:
1. A waterbird and shorebird nesting survey will be conducted to determine how the inlet
relocation project affects nesting productivity for those species of birds that in the project area.
Waterbird and shorebird nesting areas will be identified and monitored throughout the
waterbird- shorebird nesting season (April 1 through August 31, or until the last chick fledges).
Monitoring will take place on the north and south ends of Wrightsville Beach. Based on past
years, the list of species expected to nest in the project area includes, but is not limited to,
Black Skimmers, American Oystercatchers, Wilson's Plovers, Willets, Least Terns, and
Common Terns. During the nesting season, a sample of nests will be marked and monitored
every 2 -3 days from date of discovery to hatch date. Care will be taken to minimize
disturbance to nesting birds. Nest monitoring activities will not be conducted during adverse
weather conditions. Hatching success and fledging success will be determined for all species.
2. A monitoring program for breeding and non - breeding piping plovers will be implemented. The
area will be monitored for nesting attempts by Piping Plovers. If a nest is located, it will be
marked and monitored every 2 -3 days until the last chick has fledged.
a. dates when monitoring began and ended;
b. nesting chronology (dates when plovers were first seen on the site, nest establishment
dates, dates when unfledged chicks are present on the site);
c. locations of nests and brood foraging territories;
d. known and suspected causes of nest and chick loss;
e. locations of commonly used foraging areas during each stage of the breeding cycle; and
g. use of the site by post- breeding or migrating plovers.
Monitoring for non - breeding plovers will be conducted weekly (no less than every 6 days)
during the migrating and the over - wintering periods (July 1 through May 15). Surveys will be
evenly distributed throughout this period, including a wide range of tidal conditions and habitat
types.
3. A weekly survey of all bird species and number of individuals utilizing the project area will be
conducted year round.
A final project report will be prepared and submitted on or before April 1, 2012.
conclmsinn
The management and monitoring actions implemented on Wrightsville Beach have worked very well
to restore suitable conditions for breeding and non - breeding birds at this location. Both actions are
essential to maintaining the site for birds and should continue as proposed. The proposed actions
stated herein will accomplish these objectives while maintaining compliance with federal permits
issued for the relocation of Mason Inlet. Furthermore, the project is at a stage where combining both
management and monitoring under Audubon's direction is the most efficient and cost effective means
to maintain the north end of Wrightsville Beach in a state that is favorable to breeding and non -
breeding birds.
Board of Commissioners Meeting
08/15/2011
18 -1 -4
Proposed Budget
Wrightsville Beach Waterbird Management Area 2011
Staff
Seasonal Biological Technician $11
900 h rs @ $13.13/h r
Coastal Biologist $2
100 h rs @ $22.00/h r
Education Coordinator $2
80 hrs @ $25 /hr
Education and Outreach
Printed Material $100.00
Design & layout $350.00
Educational panels $350.00
Equipment & Supplies
Posts, rope, string $600.00
Signs $600.00
Office supplies 100.00
Miscellaneous hardware 200.00
Staff & volunteer shirts 120.00
Subtotal $18
Administrative overhead (13.0 %) $2
Total $20
4
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 19
DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer
CONTACT(S): Jim Iannucci, County Engineer
SUBJECT:
Consideration of a Letter of Commitment for the Dredging of Carolina Beach Inlet
BRIEF SUMMARY:
On July 7, 2011 Chairman Barfield sent a letter to Governor Perdue to request consideration for the use of
Division of Water Resources contingency dredging funds for the maintenance of Carolina Beach Inlet. A
copy of the letter is attached. On behalf of New Hanover County, Commissioner Catlin headed up
discussions with Tom Reeder of the Division of Water Resources regarding the distribution of these
funds. Mr. Reeder responded on Friday, August 5, 2011 and notified the County and other interested
communities that the funds have been authorized for release for the maintenance dredging of Carolina Beach
Inlet, Bogue Inlet, Topsail Inlet and Lockwoods Folly Inlet. Under the provisions of the state budget, these
funds require a 50% match by local funding. The US Army Corps of Engineers estimates the funding needed
to dredge Carolina Beach Inlet through June 30, 2012 is $450,000. Therefore the required local match is
$225,000. Mr. Reeder requested that any community interested in providing matching funds send a letter of
commitment to his attention. No funds will be required until a Memorandum of Agreement has been
executed between NCDENR and the Corps of Engineers.
The Port, Waterway and Beach Commission held a meeting on Tuesday, August 9, 2011 to discuss possible
cost sharing scenarios for the Carolina Beach Inlet. The recommendation of the PWB Commission will be
made available. Be advised that Commissioner Catlin and Deputy County Attorney Kemp Burpeau
confirmed through Representative Danny McComas that Room Occupancy Tax (ROT) funds cannot be used
for this purpose.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommendation is for the Board to approve the required local matching funds in the amount of $225,000
per the chosen funding scenario and send a letter of commitment to Tom Reeder of the Division of Water
Resources.
ATTACHMENTS:
July 7, 2011 letter to Governor Perdue
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
08/15/2011
19 -0
A motion to appropriate $168,750 from the Economic Development Fund was approved 5 -0. The County
Manager has the descretion to replenish the Economic Development Fund as funds come in from other
sources. A motion to sign a letter of commitment to the Division of Water Resources for $225,000 if the
Manager receives commitments from the municipalities for the difference was approved 5 -0. A motion to
request the Port, Waterway & Beach Commission to look at alternative funding mechanisms for the future
was approved 5 -0.
Board of Commissioners Meeting
08/15/2011
19 -0
2011
230 GOVERNMENT CENTER DRIVE, SUITE 175
WILMINGTON, NC 28403
(910),798-7149
(910)7 -1 FAX
WWW.N!,jCG0V,QQ'M
The Honorable Beverl E. Perdue
Governor, State of North Carolina
Office of the Governor
20301 Mail Service Center
Ralei NC 27699-0301
In], M- =4-
We t hank y ou for y our consideration of the judicious use, of contin tunas for the maintenance of the Carolina
Beach Inlet in New Hanover Count Please feel ftee to have y our staff contact New Hanover Count if y ou have
an q uestions or would like; additional information. Thank. y ou ver much for y our attention to this matter.
cc: Board of Commissioners
Count Mana
Count En
Jr
New Hanover Count is committed to pro public pofic superior service, courteous contact,, judicious exercise p
authorit and sound fiscal mana to meet the needs and concerns of our citizens toda and tomorrow.
Adopted 6,12012011
Board of Commissioners Meetin
08/15/2011
19-1-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 20
DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder, Finance Director
CONTACT(S): Avril M. Pinder, Finance Director
SUBJECT:
Consideration of Parking Deck Changes to Extend Hours of Operation Effective September 15, 2011
and Adoption of Ordinance for Budget Amendment 12 -001
BRIEF SUMMARY:
At the 07/11/11 Board of Commissioners Meeting a motion was approved to table this item for the 08/15/11
meeting in order to determine how to best spend the revenues generated by the extended hours on the
County's parking deck.
Approval is requested for extending the hours of operation on the deck on Thursdays and Fridays from 7:00
p.m. to 2:00 a.m. and operating on Saturdays from 7:00 p.m. to 2:00 a.m. with an evening deck fee of $5.00
due upon entry for the times listed.
Approval is also requested to increase the event fee on the deck from $5.00 to $7.00 flat rate for special
events to include the following: Azalea Festival, July 4th, Riverfest, and add New Year's Eve as another
event for a flat rate fee of $7.00.
The proposed rate changes would become effective September 15, 2011 and would result in approximately
$112,000 of additional revenue per year. $42,000 of the increased parking revenues would be used to
upgrade Scan Net, the parking financial software, and pay the increased labor cost to cover the extended
hours.
At the previous meeting we discussed security on the deck. The Sheriff has increased patrol on the deck to
2 -4 visits per deputy assigned to assist the Wilmington Police per night. Currently 5 deputies are assigned
downtown, equating to 10 -20 more patrol visits on the parking deck during our peak incident times.
Accordingly, the remaining $70,000 can be used to:
Option A: reduce appropriated fund balance.
Option B: be placed in Contingencies where the Commissioners can allocate to provide
matching funds for grant awards.
Requesting adoption of ordinance for associated budget amendment 12 -001.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of the proposed changes and adoption of the ordinance for associated budget
amendment 12 -001.
ATTACHMENTS:
Budget Amendment 12 -001
Board of Commissioners Meeting
08/15/2011
20 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approve the proposed changes and adopt ordinance for budget amendment 12 -001.
COMMISSIONERS' ACTIONS:
Approved the proposed changes and adopted the ordinance with the remaining funding to be placed in the
Economic Development Fund this fiscal year 5 -0.
Board of Commissioners Meeting
08/15/2011
20 -0
AGENDA: August 15, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 -001
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 12 -001 be made to the annual budget ordinance for the
fiscal year ending June 30, 2012.
Section 1: Details of Budget Amendment:
Fund: General
Department: Finance
OPTION A:
Revenue:
Decrease
Increase
Parking Revenue
$112
Appropriated Fund Balance
$70
$42
Total
$70
$112,000
Expense:
Decrease
Increase
Contracted Services — Parkin
$42
Total
$42
OPTION B:
Revenue:
Decrease
Increase
Parking Revenue
$112
Total
$112
Expense:
Decrease
Increase
Contracted Services — Parkin
$42
Contingencies
70
Total
$112
Section 2: Explanation
This budget amendment is to appropriate additional revenue received from extending operating hours and
rates on the County's parking deck.
These increased funds will be used to upgrade Scan Net, the parking financial software, and pay the labor
cost associated with the extended hours. The following options are available for using the additional funds:
OPTION A: $70,000 Decrease appropriated fund balance (Revenue).
OPTION B: $70,000 Placed in Contingencies where the Commissioners can allocate to provide matching
funds for grant awards (Expense).
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 12 -001, amending the annual
budget ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this day of , 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/15/2011
20 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 21
DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Consideration of Adoption of Rules of Procedure for Meetings of the New Hanover County Board of
Commissioners Manual
BRIEF SUMMARY:
For the Board's consideration is an update to the Rules of Procedure for Meetings of the New Hanover
County Board of Commissioners Manual. The current version was adopted on February 15, 1993. The
updated version includes, among other more minor changes, a new section on closed sessions and closed
session minutes; updated terminology; meeting calendar; order of business; committee appointments; and a
section on the required Code of Ethics.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt updated manual.
ATTACHMENTS:
Rules of Procedure for Meetings of the New Hanover County Board Of Commissioners Manual
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Adopted the updated manual 5 -0.
Board of Commissioners Meeting
08/15/2011
21 -0
R ., S OF PR FOR MEETING OF T1
NEW 1-11"ANOVER COUNTY BOARD OF COMMISSIONERS
I. APPLICABILITY
Rule 1. Applicability of Rules These rules apply to all meetings of the New Hanover County Board
of Commissioners at which the board is empowered to exercise any of the executive, quasi judicial,
administrative, or legislative powers conferred on it by law, including but not limited to regular
informal work sessions or committee meetings where public business is discussed but no official action
is taken.
II. OPEN MEETINGS
Rule 2. Meetings to Be Open
a) The public policy of North Carolina and of New Hanover County is that the hearings,
deliberations, and actions of this board and its committees be conducted openly.
b) Except as otherwise provided in these rules and in accordance with applicable law, each official
meeting of the New Hanover County Board of Commissioners shall be open to the public, and
any person may attend.
c) For the purposes of the provisions of these rules concerning open meetings, an official meeting
of the board is defined as any gathering together at any time or place or the simultaneous
communication by conference a.1. 1. or other electronic means of a majority of board members
for the purpose of conducting hearings, participating in deliberations, or voting upon or
otherwise transacting public business within the jurisdiction, real or apparent, of the board.
Rule 3. losed Sessi. P sQD
4 P1YPNtWFYPNf WFYPNf WFYPNtWFYPNtWFYPNf WFYPNf WFYPNtWFYPNf WFYPNf WFYPNtWFYPNtWFYPNf WFYPN fWFYPNtWFYNf�WFYPNf�WFYPNtN
a) Notwithstanding the provisions of Rule 2, the board may hold a c ] er 1. e and exclude the
public, but only for the permitted purposes set forth in N. C. G. S . 143-5- 31-8. t a) ( t-rc 9 ) .
b) The board may go into ] o er c . e only upon motion made, ec leic , and adopted at an
open meeting. The motion shall state the general purpose of the c 1 er 1. e and must be
approved by a majority of those board members present and voting.
c) Unless the motion to go into 1 o er c . e provides otherwise, the county manager, county
attorney, and clerk to the board shall attend the ]. e e .. A1.1 otlier per . preser :: i ]]..
III. ORGANIZATION OF THE BOARD
Rule 4. Organizational Meeting On the first Monday in December following a general election in
which county officers are elected, the board shall meet at their regular meeting time and place.
a) The present chairman shall call the meeting to order and the present board, including
retiring members, shall approve the minutes of the previous meeting).
b) Newly elected members of the board shall take and subscribe the oath of office and be
inducted into office, if they have not already been sworn.
c) The present chair shall then recognize the county attorney or the clerk to the board to
preside until a new chairman is elected from its members.
Amended August 15, 2011
Board of Commissioners Meeting
08/15/2011
21 -1 -1
- �� -.,
d The board shall approve the bonds of the fii-1,.ai-1,.ce officer, ta-x:.. c o1 1 ec-l-or 5 sheriff and the re
of deeds and induct them and an other newl elected count officials into office as
appropriate.
Rule 5. Election of the Chairman and Vice- Chairin.an. The chairman ai-1,.c`11, vice of the
board shall be elected annuall at the board's first Monda meetin in December for a term of one y ear
and shall not be removed from the office of chairman or vice -5-cliairmai-1, unless he or she becomes
dis to serve as a board member.
IV. REGULAR AND SPECIAL MEETINGS
Rule 6. Regular and Special Mee
a Re Meetin The board shall hold a re meetin on the first Monda of eacli niol-1.111
at 6:00 p.m. oi'l, flie t1iin.11, '.Mo.�.inlclia of eacli nioi-1,11i at 9:00 a.m. ui-1,.1ess otlier,\vise statec], oi-',. tll-e
ca1ei,,kc,"I'ar approve(.11, b flie boarcli.
OLCIQiai� thia n:waiatin" Qh:411 Lia hiaM icin thia niaxt L1JQini2QQ i�ww icw i;111r-h 4 as ffla X T 1% Q
JL N-F -]L-JL-]L%.-%.-LJL.JLX "XXL1L-JL-JL XX%.-1-JL%-5- %-F.JLX L1XX%.-1 L-.fL-JL"JL.JLX%.-1LYLY %AL4 ki X "L-JL%./XX %A L4 . 7 LIP %.-I
.7
QVIPP-if�pai�
X JL X %.-I %-I. JL.JL X L1XX%.-1 -]L-JL-JLE4jL %-..F.JL X "%A ki %XXXXXXX L1XX%.-1 JL-]L-JL-]L-JLJLJL%�%AJL"L,%..,-JL F -JL X %X A- "X XXX%./%./LXXX Re
meetin shall be held ii-1, the Assembl Room 1ocat erg ], ii-1, t1le New Hanover Count
Courthouse, 24 North Third Street, Wilmin N.C. b%e-, --4 ---- P -;- '(--..1XX L1XX A-XX"Ll
. =1 i= th p- th i 4:�l A It i= il :4
XXX. N-1-L-L LXX%./
b) Special Meetin The chairman, or a majorit of board members, ma at an time call a
special meetin of the board b si a notice statin the time and place of the meetin and
the subject(s) to be considered. The person or persons callin the meetin shall cause the
notice to be posted on the bulletin board 1.ocatecll, b flie -\vest ei-1,1rai,1,.ce c,loors of flie Cowll
i= th ia f� 4:Q t 1:4 1:44: 1:41: th ia 12 R I I i I i� i n " �i:44: th ia i� 1:4 1:44: 1:41: thin
Ce.�.inler L1XX%.-1 A-XX"Ll A-fl %-/A- L1XX%.-1 L1XX L1XX%.-1
Fe-
and disbursed tot e chairman and all other board members b fax, eniai.l.,
Cl Laf-t :4t th usua i�Axualling 1:41: ia:4r-h n:wa
or otlier appropriate niel "Ll LIXX "-JL %-I. V V %.-1-JL-JLJL.JLX
- F A- L4%�, %.-I ki A- %.-IL4%�IXX XXX%.-I at least fort
ei hours before the meetin In addition, the notice shall be mailed, faxecli, eniafl.ecli, or otlier
P1 4P iA P I i V A TP-4PP-d
appro rater ni etl ioc , ll %-1-%.-1XX to individual persons and news per or havin
re such notice as provided in subsection (e) below. Onl items of business specified in
the notice ma be transacted at a special meetin unless all members of the board are present
or those not present have si waivers.
c) Emer Meetin If a special meetin is called to deal with an unexpected circumstance
re immediate consideration, the notice re of this rule do not appl However,
the person or persons callin an emer meetin shall take reasonable action to inform the
other board members and the public of the meetin Local new niecliia or havin
re notice of special meetin as provided in subsection (e), below, shall be notified of
such emer meetin b the same method used to notif board members. Onl business
connected with the emer ma be discussed at the meetin
d) Work Sessions and Committee Meetin The board ma schedule work sessions, committee
meetin or other informal meetin of the board, or of a majorit of its members, at such
times and concernin such subjects as ma be established b resolution or order of the board.
A schedule of an such meetin held re shall be filed in the same place and manner as
the schedule of re meetin Work sessions and other informal official meetin not held
re are subject to the same notice re as special board meetin
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e) Sunshine List. Any individual or n erg. ' t P1 4A 94 4A
St tie niust file a written request annually, by the last day of July, with the clerk to
the board for notice of all special meetings a "11, eg 1 r x ieet r niniaries oftlie boa 1'.
C_ C_
Requests by individuals, other than the media, will be subject to a $10.00 non - refundable
annual fee; iere ef � r : e-e cli ge 1. : ice e, y er i c. 1. or a ..
Rule 7. All Meetings within the County. All meetings shall be held within the boundaries of New
Hanover County except as otherwise provided herein:
a) A joint meeting with the governing board of any other political subdivision of this or any other
state may be held within the boundaries of either subdivision as may be specified in the call of
the meeting. At any such joint meeting, this board reserves the right to vote separately on all
matters coming before the joint meeting.
b) A special meeting called for considering and acting on an order or resolution requesting
members of the General Assembly representing all or any portion of this county to support or
oppose any bill pending in the General Assembly or proposed for introduction therein may be
held in Raleigh or other such place as stated in the call of meeting.
c) A retreat, forum, or similar gathering held solely for the purpose of providing members of the
board with general information relating to the performance of their public duties.
d) A meeting to declare a state of emergency or make decisions pertaining to a state of emergency
when a majority of the board is out of the County on official business.
Rule 8. Broadcasting and Recording of Meetings. Except as provided in this rule, any niecliia
gai — la at ramie —ter te.14-evision statie may broadcast all or any part of an official board meeting
required to be open to the public. Any person may photograph, film, tape- record, or otherwise
reproduce any part of a meeting fliat is required to be open.
V. AGENDA
Rule 9. A enda.
a) The county manager or the clerk to the board shall prepare the agenda for each regular, ,
meeting. A request to have an item of business placed on the agenda for a
T eiJ twelve eal emJav iJaus Lefi th e me ni
regular meeting ust flie
ap1 r : ' er c . age � a pock . Additional items may be introduced with the permission of the
Chairman.
b) The agenda packet shall include the agenda t4.-.eujit..en , oversl eet, any proposed ordinances, or
amendments to ordinances, and supporting documentation and background information
relevant to items on the agenda. A copy of the agenda packet shall be ice a � � � � �.er Tea
to each board member at least seventy -two hours before the meeting.
Rule 10. Order of Business. At regular meetings, the board shall proceed to conduct business in the
following order:
1) Call to Order
2) Invocation
3) Pledge of Allegiance
4) Co..inse..in[l: A of Busi.:intelsss
Rules of Procedure for Meetin of the NTIC Board. of Corrin-iission.ers
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Age . Ji a ftenis of Bu e s-s-
6
7 of proc].aniatio.�.ins, reso].utio.�.in,.S. bU(-'1Vc-Y-e�1- orcli.�.ina.�.in -,e--, e�l-c.
M�, r
. gs
9 Committee Appoii,,,.�ll-Iniel.��,,,.�t,-Is
10 L`,�,int fi,�,intl i s 1i e (.11, b u s i.�.int el S- S-
11 ) �:: .. 1 i c �. onin er .; ,.,rc. :.fir
C-
Busi.�.intesss-
Without objection, the chairman may call items in the order most convenient for the
dispatch of business.
VI. CONDUCT OF DEBATE
Rule 11. Powers of the Chairman The chairman shall preside at all board meetings. To address the
board, a member of the board must be recognized by the chairman. The chairman shall have the
following powers:
a) To rule on points of parliamentary procedure, including the right to rule out of order any
motion offered for obstructive or dilatory purposes;
b) To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her
remarks and to entertain and rule on objections from other members on this ground;
c) To call a brief recess at any time; and
d) To adjourn in an emergency.
Rule 12. Action by the Board The board shall proceed by motion. Any member, including the
chairman, may make a motion.
Rule 13. Second Required A motion shall require a second.
Rule 14. One Motion at a Time A member may make only one motion at a time.
Rule 15. Motion. A substitute motion is out of order while another substitute
P..FYPNtWFYPNtWFYP.FYP.FYPNtWFYP FYPNtWFYPNtWFYP-
motion is pending. A SUbStftUte motion is deemed to be a "main" or "principal" motion as
distinguished between it and the various procedural motions listed in the Rule 4791-8.
Rule 16. Adoption by Maiority Vote A motion shall be adopted if, after receiving a second, it is
approved by a majority of the votes cast, unless otherwise required by these rules or North Carolina
law.
Rule 17. Debate The chairman shall state the motion and then open the floor to debate, presiding
according to the following general principles:
a) The member making the motion or introducing the ordinance, resolution or order may speak
first.
b) A member who has not spoken on the issue shall be recognized before someone who has
already spoken.
c) If possible, the debate shall alternate between opponents and proponents of the measure.
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Rule 18. Procedural Motions
a) In add ition to su n , the proced motions listed I sub section ( o
this rule, and no others, shall be in order. Unless otherwise noted, each motion is debatable,
may be amended, and requires a second and a majority vote for adoption.
b) In order of priority, the procedural motions are:
1) To adjourn. The motion may be made only at the conclusion of action on a pending
matter; it may not interrupt deliberation of a pending matter.
2) To recess.
3) To call to follow the agenda. The motion must be made at the first reasonable opportunity
or it is waived.
4) To divide a complex motion and consider it by paragraph.
5) To defer consideration. A sub motion whose consideration has been deferred
expires one hundred days thereafter, unless a motion to revive consideration is adopted.
6) To call the previous question. The motion is not in order until there has been debate and
every member of the board has had one opportunity to speak.
7) To postpone flie serer g to a certain time a /or day.
8) To amend a n : . An amendment to a motion must be to the subject
of the motion, but it may not achieve the opposite effect of the motion. There may be
amendments to the motion and there may be substitute motions, requiring a second and
taking priority in voting. If the substitute motion succeeds, the original motion dies and is
not considered. Any amendment to a proposed ordinance shall be mitre " . r .
9) To revive consideration. The motion is in order at any time within one hundred days of a
vote deferring consideration. A substitute motion on which consideration has been deferred
expires one hundred days after the deferral, unless a motion to revive consideration is
adopted.
10) To reconsider. The motion must be made at the same meeting where the original vote was
taken, and by a member who voted with the prevailing side. 1�-Tlie n : :: ec c .er g
cannot interrupt deliberation on a pending matter but is in order any time before
adjournment.
Rule 19. Renewal of Motion A defeated motion may not be renewed at the same meeting.
Rule 20. Withdrawal of Motion A motion may be withdrawn by the introducer at any time before
the chairman puts the motion to vote.
Rule 21. Duty to Vote It is the duty of each member to vote unless excused by a majority vote
according to law. The board may excuse members from voting on matters involving their own
financial interest or official conduct. A member wishing to be excused from voting shall so inform the
chairman, who shall take a vote of the remaining members. A member who fails to vote, not having
been excused, shall be recorded as voting in the affirmative.
Rules of Procedure for Meetin of the NEC Board. of Corrin-iission.ers
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Rule 22. Prohibition of Secret Voting No vote may be taken by secret ballot. If the board decides
to vote by written ballot, each member shall sign his or her ballot and the minutes shall record the vote
of each member. These ballots shall be retained and made available for public inspection until the
minutes of that meeting have been approved, when they may be destroyed.
Rule 23. Action by Reference The board shall not deliberate, vote, or otherwise act on any matter by
reference to an agenda or document number unless copies of the agenda or documents being referenced
are available for public inspection at the meeting and are so worded that people at the meeting can
understand what is being discussed or acted on.
Rule 24. Introduction of Ordinances, Resolutions or Orders A proposed ordinance shall be
deemed to be introduced at the first meeting where it is actually considered by the board.
Rule 25. Adoption, Amendment or Repeal of Ordinances To be adopted at the meeting where it is
first introduced an ordinance or an action with the effect of an ordinance, or any ordinance amending
or repealing an existing ordinance (except the budget ordinance, a bond order, or another ordinance
requiring a public hearing before adoption) must be approved by all members of the board of
commissioners. If the proposed measure is approved by a majority but not by all the members of the
board, or if the measure is not voted on at that meeting, it shall be considered at the next regular
meeting of the board. If it then or at any time thereafter within one hundred days of its introduction
receives a majority of the votes cast, the measure is adopted.
Rule 26. Public Hearings Public hearings required by law or deemed advisable by the board shall be
organized by setting forth the subject, date, place and time of the hearing as well as any rules regarding
the length of time allotted to each speaker and designating representatives to speak for large groups.
At the appointed time the chairman shall call the hearing to order and preside over it. When the
allotted time expires, the chairman shall declare the hearing ended and the board shall resume the
regular order of business.
Rule 27. Quorum at Public Hearings A quorum of the board must be present at all public hearings
required by law.
V11. MINUTES
Rule 28. Minutes Minutes shall be kept of all board meetings
AuL 1C �� 1Yl OVDe77 *]
Rule 29. 4! P} YpNf WFYPNf WFYPNtWFYPNf WFYPNf WFYPNtWFYPNtWFYPNf WFYPNf WFYPNtWFYPNf WFYPNf WFYPNtWFYPNtWFYPNf WFYPNf WFYPNtWFYPNf WFYPNf WFYPNtWFYPNtWFYPNf WFYPNf WFYPNtWFYPN fWFYPNfWFYPNtWF4?k '
t o ......" y.." t a ..+t ...' .. .. _ a.." r a a c c .. ...1' __ .... ,,,P o f a .. .. c . .. ,,, � ." ....' ,,,P e ,,, ,,, i .. ...1' _- ,,.P
..., .��r _fir.., �r..� ".,. ��r�r., {. .�.�._. 4� �r �r n....,�r .�] ".fir
c 0 r ,:
�_ F els eci a . � c'l ap ec'Ji �". . ie oar � , a . ie .. fie eg .� r . ie f. � _� �....� _F are � � � _F � ,�.� � ,�. a . l.�
,q 'I H b f o1l.ovvi.t'�,. approva., a.. copies of flie .. � n er
9
Rules of Procedure for Meetin of the NEC Board. of Corrin-iission.ers
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C The attorille ai'luc,"i c-,.1er1-(,-,. slia.11 perioc],ica.11 revie-\v tlie c1osec], sessioi'l, nii.,inutes 'to iftlieir
(11'isc1osure �in..(.�) 1(.�n,�,. frustrates t.1'..'ie purpose for -\xv-1iic1i tlie c1osec], sessioi'l, -\vas lie].cll-
Ly ,
1c, niac,
p 0 111 DO sessio.�in nin,,.utes slia.1.1. 'be re.1e,--i(ze(-` a.�in
a rc approva.1, tlie c.1osec,11,
pub1ic iiltspectio.,int.
VIII. COMMITTEE APPOINTMENTS
Rule 30. Committee Appointments. The board shall appoint citizens to boards and committees over
which the board has power of appointment at re or special meetin called b the board. A
nomination for an appointment must be seconded in order to be considered for a vote b the board. It
is tlie cliesire of tlie Boarc], tliat a.1.1 appoi.intees slia.1.1. Ser-ve- at tlie p1easure of tlie Boarc], a.inuc-], ma be
I
reniovec,111, -\vitliout cause b a ni�.i vote of t11-e couint coniniissio.iners.
IX. CODE OF ET111CS
Rule 31. Code of Ethics. The boarc], slia.11 acliliere to tlie Resolufi"on Adoptin a Code of Eth,ics as
I I-)e-c—, iber6,1 0 10.
ac,lloptecll, u 1".. a.�inunio u S], y 01"" ,- en
X. AMENDMENT TO R1J.1[-,ES AND MIS CE..
Rule 32. Amendments to These Rules. These Rules ma be amended b an affirmative vote of a
ma of the board members.
Rule 33. Miscellaneous. These Rules of Procedure are director and not mandator and failure to
follow them shall not be actionable in a court of law or e unless otherwise provided b law.
Initia.1.1y adopted b the New Hanover Count Board of Commissioners on ie 15' h da of Februar
L-IL LIL%A I tlie Ne-\v Hai'lover Cowlt Boarcl of
1993 tL b i0 I ta f %el t?, i 3ivT t 11 1=1 'L AMENDED b
Conissioi,,,ers oi'l, tlie 15'11 c1a of Au 2.011, effective upoi'l, aclioptio..Int.
NEW HANOVER COUNTY
Jonathan Barfield, Jr.
Chairman, Board of Commissioners
ATTEST:
Sheila L. Schult
Clerk to the Board
Rules of Procedure for Meetin of the NTIC Board. of Corrin-iission.ers
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 22
DEPARTMENT: PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Consideration of Request to Reinstate and Make Appointments to the New Hanover Commission for
Women
BRIEF SUMMARY:
At the Board's July 11, 2011 meeting, New Hanover Commission for Women Chairwoman Khalilah
Olokunola requested the Board consider endorsing and making appointments to the New Hanover
Commission for Women. The Board requested additional time to review the information that was provided
before making a decision.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider reinstatement and continuation of appointments to the Commission for Women.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider reinstatement and continuation of appointments to the Commission for Women.
COMMISSIONERS' ACTIONS:
A motion to reinstate the New Hanover Commission for Women as a viable entity in New Hanover County
was approved 5 -0.
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22 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 15, 2011
REGULAR
ITEM: 23
DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following boards and committees:
Library Advisory Board
Nursing Home Community Advisory Committee
Risk Management Advisory Committee
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
A rrrr A VUA /FUXTrrc.
Committee Information Sheets and Applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made.
Library Advisory Board:
Kemp M. Burdette and Delores H. Rhodes were reappointed.
H. Conrad Luhmann and John Osinski were appointed.
Nursing Home Community Advisory Committee:
Catherine Davis and Denise L. Shuart were reappointed.
Mechelle Sheree' Gay was appointed.
Risk Management Advisory Committee:
Deborah D. Watts was reappointed.
George Chadwick was appointed.
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23 -0
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COMMITTEE APPOINTMENTS
LIBRARY ADVISORY BOARD
4 Vacancies — 3 -Year Term (Expiring 8/31/14)
APPLICANTS:
Kemp M. Burdette
H. Conrad Luhmann
John Osinski
Delores H. Rhodes
Attachments: Committee Information Sheets
Applications
ELIGIBLE FOR
REAPPOINTM
X
KI
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23 -1 -1
NEW HANOVER COUNTY
LIBRARY ADVISORY BOARD
Number of Members: 12
Term: 3 years
Regular Meetings: Third Thursday each month at 2:30 p.m. at the Main Library, 201 Chestnut
Street, Wilmington, NC 28401
Statute or cause creating Board: Policy for the Governing and operation of the Library.
Brief on the functions: To develop necessary policies for the efficient and responsive operation of
the County's public library system. Also responsible for making recommendations to the County
Manager and County Commissioners concerning the operating and capital needs of the library.
Board members are expected to actively promote the library's service program; keep abreast with
trends in public library development and to work for the continued improvement of library services
offered by the County.
Board of Commissioners Meeting
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23 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Richard C. Andrews, Jr. � �,��"
First 8/18/08
8/31/11
2322 Parham Drive
Wilmington, NC 28403
251 -8712 (H) 762 -7788 (W)
Kemp Magnus Burdette
Unexpired 10/15/07
8/31/08
116 Keaton Avenue
First 8/18/08
8/31/11
Wilmington, NC 28403
264 -8036 (H) 762 -4744 (W)
Bettie H. Harrison
Unexpired 3/10/08
8/31/09
1216 Congressional Lane
First 8/17/09
8/31/12
Wilmington, NC 28411
686 -4954 (H) 620 -4229 (C)
Mary E. Hatcher, Chair
First 8/13/07
8/31/10
1905 E. Lake Shore Drive
Second 8/17/10
8/31/13
Wilmington, NC 28401
762 -7259 (H)
Carroll R. Jones
First 8/17/09
8/31/12
4700 Chamberlain Lane
Wilmington, NC 28409
793 -6401 (H) 619 -6401 (C)
Jacqueline O'Grady, Vice Chair
First 4/18/05
8/31/08
708 Wild Dunes Circle
Second 8/18/08
8/31/11
Wilmington, NC 28411
686 -0148 (H)
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23 -1 -2
NEW HANOVER COUNTY LIBRARY ADVISORY BOARD (CONY.)
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT EXPIRATION
Ellen B. O'Malley
First 8/17/12
8/31/12
249 Wetland Drive
Wilmington, NC 28412
791 -4333 (H) 465 -1307 (C)
Deloris H. Rhodes
Unexpired 1/18/11
8/31/11
1005 Deepwood Place
Wilmington, NC 28405
256- 0281(H) 352- 3229(C) 962- 7256(W)
Jennifer Lynn Rohler
First 8/13/07
8/31/10
1817 Market Street
Second 8/16/10
8/13/13
Wilmington, NC 28403
233 -9849 (H)
Evelyn B. Smith
First 8/17/09
8/31/12
4608 Reigate Way
Wilmington, NC 28409
799 -6081 (H)
Elizabeth Stanfield- Maddox
First 8/16/10
8/31/13
2910 Park Avenue
Wilmington, NC 28403
762 -5151 (H) 617 -5151
Virginia Teachey
First 8/16/10
8/31/13
8713 Champion Hills Drive
Wilmington, NC 28411
681 -0320 (H) 520 -0414
Director: Harry Tuchmayer
File: /Library
New Hanover County Library
B/C #17 1.11
201 Chestnut Street
Wilmington, NC 28401
798 -6301 (Info) 798 -6309 (Adm.) 798 -6321
Revised: 1/19/2011
Board of Commissioners Meeting
08/15/2011
23 -1 -3
NEW HANOVER COUNTY
�
BOARD OF COMMISSIONERS �
230 Government Center Drive, Suite 175
Wilmington, !vc 28 403 COMMITTEE Telephone (910) 798 -7149 APPLICATION
FAX (910) 798 -7145
1 t,ste►
BoardlCommittee: New Hanover County Library Advisory Board
Name: Kemp Burdette E - Mail: kempburdette@yahoo.com
Horne
Addre 116 Keaton Avenue W ilmington 28403
(St reet) (Zip Code
Mailing Address if different:
(City) (Zip Code)
Home Phone: 910- 264 -8036 Fax: Cell: 910- 264 -8036 Business: 7 62 -5606
Years living in
New Hanover County: 37 Male: Female: Race: Whi te Age: 37
(information for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? if yes, name
Jennifer Burdette PAJ 14C Sckools
Employer. C ape Fear River Watch
A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in
accordance with Article Vi, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
Oc cupation: Executive Director
Professional acti vities : Attached
Volunteer Activities Attached
Why do you wish to serve on this boardlcommittee? Attached
Conflict of Interest: Jf aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himselflherself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Attached
Qualifications for serving A ttached -- ...
w.r.i.rn
Other municipal or county boards/committees on which you are serving:
List three local personal references and phone numbers:
7.
Elise Rocks 910 -620 --9224 7nnD,
Z. Brian Buzby, 919- 857 -4699
lin i
3. Harry Tuchmeyer, 914 -798 -6321 1 1 L!: �' I
NEW
PO
Date: 7-29-11 Signature
Applications are kept on file for 18 months 1 understand that any board or committee appointee may be removed
Board of CommigfM f; "Mfflpy a majority of County Commissioners.
Please use reverse side for additional comments 08/15/2011
23 -1 -4
Professional activities: I oversee a medium sized environmental nonprofit dedicated to the
protection and improvement of the Cape Fear River. I work with our Board of Directors, staff,
volunteers and members to provide educational activities to youth and adults, to advocate on
behalf of the river to decisions makers at the local, state, and federal levels, and to lead our
members in hands on activities that improve the water quality of the Cape Fear.
Volunteer activities: board member at the NC Conservation Network, board member at the Cape
Fear Chapter of the Audubon Society, Board Member of the Cape Fear River Assembly.
Why I wish to serve on this board: The NHC Library has been an important part of my life
since childhood. I have spent countless hours reading and learning in the library and want to
make sure that that opportunity is available for my two daughters, who now attend story time at
the library. I believe my roots in our community and my broad range of experiences outside of it
will allow me to provide valuable input to the Library Advisory Board.
Areas of concern: I would like to see the Library continue to expand as our community grows. I
want to ensure that the library gets the resources it deserves and needs to serve the citizens of our
county. I want to continue to make the library relevant to children and teens -by integrating
technology but also by showing the value of traditional books. I would like to see the library
approach its facilities and operations with a "green" outlook- finding ways to save resources and
be a model for the community.
Qualifications: I am an avid reader and care deeply about the future of my community. I am
pursuing a masters of public administration and serve on several local and statewide boards.
Board of Commissioners Meeting
08/15/2011
23 -1 -5
NEW HANOVER COUNTY
BOARD CF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403 COMMITTEE APPLiCATION
Telephone (910) 798 -7149
FAX (990) 798 -7145
BoardlCommittee Library Advisory Board
r -
Name: H • Conrad Luhmann E - Mail . conrad.luhmann@gmail.com
Home i
Address 1515 Village Drive Apt 3 Wilmington 28401 -7524
( St reet) y (Z ip Cod
Mailing Address if different:
Home Phone: 9 1 0 3 99 -7654 Fax:
(City)
Cell:
Years living in
New Hanover County: 1 5 Male: ✓ Female: kace: Cau s a s ian
(information for the purpose of assuring a cross - section of the community)
Age: 7
Do you have a family member employed by New Hanover County? if yes, name No
Employer. Re tired -
A person currently employed by the agency or department for which this application is made, must resign his /her position with New Hanover County upon appointment, in
accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
occupation:
Professional Activities:
Volunteer Activities Library in various ways, ILM Airport, Friends of the Library
Why do you wish to serve on this boardlcommiffee? I a n avid reader and believe I can "pay back "by
volunteering
Conflict of Interest. if a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of hislher respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himsel /herself from voting on the matter.
r
What areas of concern would you tike to see addressed by this committee? I believe we ha a n e xc e llent
library and would work to co i pe rf o rm a n ce
Qualifications for serving I have served on the Board before as well as Friends of the Library
President and founding member of the Library Foundation
Other municipal or county boardslcommittees on which you are serving: Non
� r
List three local personal references and phone numbers :� J U L
7
Robert Searl q1 0-
Il e 2. Ray Brandi
es .� NEW H P. Pi O FP r, 0 T
h P,
Mary Hatche
3. � 1
4
t
Date: Ju 1 y 22, 2011 Signature
Applications are kept on file for 78 months 1 understand that a y hoard or committee
without cause by a majority of County Co.
Please use reverse side for additional comments
Board of Commissioners Meeting
08/15/2011
23 -1 -6
(Zip Code)
Business:
ointee may be removed
ssion ers.
NEW HANO VER COUNTY �.
BOARD OF COMMISSIONERS
230 Govemment Center Drive, Suite 175
Wilmington NC 28403 COMMITTEE APPLICATION
Telephone (910) 798-7149
FAX (910) 798-7145
BoardlComm 14HC Library Advisory Board
Name John Csi E.maii. osinski j @ uncw . edu
Horne
Address 174 Treasure Island Way Wilmington 28411 -7878
e (Zip C o de )
Mailing Address if different:
Hoare Phone: 910-- 686 -2461 Fax:
(CRY)
Cell:
Years living in
New Hanover County: 17 Male: V Female: Race: Caucasian
(Information for the purpose of assuring a cross - section of the community)
Employer. UNCW ■ Randall Library
A person currently employed by the agency or department for which this application is made, must resign his/her position with
New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy.
Occupation: E- Learning Services Librarian
Professional A ctivities: North Carolina Library Association, American Library Association
Volunteer Acti vities: First Book New Hanover County
Why do you wish to serve on thi boar lcommittee? I feel that the libraries are an essential
asset to the county and that my professional experience would benefit the committee.
Contlict of lntenest If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of ty&'her respective board during a public meeting. The member should state the na ture of the conflict, detailing that he/she has a separate, private, or monetary
interest, either dGrect or indirect, in the issue under consideration. The member should then excuse himself herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Funding community
programming, community outreach.
Qualifications for serving Master of Library Science Degree, North Carolina Central University.
Fourteen years professional library experience.
Other municipal or county boardslcommittees on which you are serving: None.
E C Ern O V Frr- 1 1
List three local personal references and phone numbers:
i Beth Roberts 962-2205
2 Anne Pemberton 962 -7810
I Joyce Johnson 962 -3690
JUL 3 0 2010
NEW HAN0VER CO
QP
yi
J
Date: July 29, 2 010
Applications are kept on file for 18 months
Please use reverse side for additional comments
(Z4D Code)
Business: 962-4271
Age: 49
Signature
! ~and that thiirointment serves at the pleasure
f thoy New Hanover County Board of Commissioners.
Board of Commissioners Meeting
08/15/2011
23 -1 -7
NEW HANOVER COUNTY .
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403 COMMITTEE Telephone (910) 798 -7149 APPLICATION
w
FAX (910) 798 -7145
BoardlCommltte
r"
Name: E -Mail: d e ej he w, '
r
Home
Address:
Mailing Address if different:
�P 6 (City) (Zip Code)
Horne Phone: 2 , -- 4,2 k 1 Fax: Cell: )-t - - Z Business: f��- .
Years li ving in r New Hanover County: le z--eL� Male: Female: Race: � age: aft
(In on for the purpose of assuring a cross- section of the community)
Employer: -�--� r--� 91
A person currently employed by the agency or department for which this application is e, must resign his/her position with
for i
New Hanov County upon appointment, in accordance with Article VI, Sec. 4 of the Ne anover County Personnel Policy.
Occupation:
..�.
Professional Activides: -L�. //"-�� s
E ,
Volunteer Activities: etlj f t- � � r
Why do you wish to serve on thi s oardlcommittee? /0�� e�)- J %.f
Conflict of lnt~: If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of hislher respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest either direct or indirect, in the issue under consideration. The member should then excuse himselflherself from voting on the matter.
What areas of concern would you like to see addressed by this committee?
Qualifications for serving:
Other municipal or county boards/committees on whict you are serving:
List three local personal references and phone numbers:
3. cteC,
1. r"
2.
Date: r-
pplications are kept on file.-for 18 months
Please use reverse side for additional comments
D EC 2 s 2010
NEVI HA COVER CO �
r
Signature - C � 0,./ L 1 41
1 understand that this appointment serves it the pleasure
of the New Hanover County Board of Commissioners.
Board of Commissioners Meeting
08/15/2011
23 -1 -8
COMMITTEE APPOINTMENTS
NURSING HOME COMMUNITY ADVISORY COMMITTEE
Membership: 14 maximum, 9 mandated based on the number of facilities
Current Members: 8
Vacancies:
Terms:
APPLICANTS:
May appoint up to 6
1 year initially, expiring 8131112
3 years, expiring 8/31/2014
ELIGIBLE FOR
REAPPOINTMENT
Catherine Davis X
Mechelle Sheree' Gay
Denise L. Shuart X
ADMINISTRATORS' NOMINEES
None
Attachments: Committee Information Sheets
Applications
Board of Commissioners Meeting
08/15/2011
23 -1 -9
NEW HANOVER COUNTY
NURSING HOME COMMUNITY ADVISORY COMMITTEE
Number of Members: 9 State mandated; may appoint up to 14 based on the number of nursing
homes. The Nursing Home Administrators may nominate one -third of the members.
Term of office: 1 -year term initially; 3 -year term thereafter
Brief on the functions: Each member shall be aware of the general conditions under which the
persons are residing in the homes, and shall work for the best interests of the persons in the homes.
This may include assisting persons who have grievances with the home and facilitating the resolution
of grievances at the local level. Each member shall make quarterly visits to the nursing home it
serves and more often if it is necessary to carry out the duties. Statute or cause creating Board:
N.C. General Statutes 131 E -128
[qualifications: Must be a resident of New Hanover County. No person or immediate family
member of a person with a financial interest in a home served by the committee, or employee or
governing board member of a home served by the committee, or immediate family member of a
resident in a home served by the New Hanover County Nursing Home Community Advisory
Committee may be a member of this committee. Immediate family is defined as mother, father,
sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job
Description for more information.
Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and
October at 4:00 p.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC.
Board of Commissioners Meeting
08/15/2011
23 -1 -10
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
John E. Brett, Chairman
Initial 6/20/05
6/30/06
325 S. Third Street
First 6/19/06
6/30/09
Wilmington, NC 28401
Second 6/22/09
6/30/12
762 -7295 (H) 815 -3497 (W)
Julie Brewer
Initial 6/18/07
6/30/08
3107 Durbin Court
First 6/16/08
6/30/11
Wilmington, NC 28409
Second 7/11/11
7/31/14
799 -4325 (H)
Glenn I. Burdick
Initial 12/20/10
12/31/11
316 Raye Drive
Wilmington, NC 28412
313 -1109 (H) 431 -3168 (C)
John M. Coble
Initial 3/16/09
3/31/10
5003 Villa Place W.
First 3/15/10
3/31/13
Wilmington, NC 28409
796 -6627 (H) 619 -2829 (C)
Kristi Dews Dale
Initial 2/18/08
2/28/09
1312 Legacy Lane
First 2/16/09
2/28/12
Wilmington, NC 28411
681 -0365 (H) 540 -0706 (C)
Board of Commissioners Meeting
08/15/2011
23 -1 -10
NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONY.)
VO
Revised: 7/12/2011
Board of Commissioners Meeting
08/15/2011
23 -1 -11
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Catherine Davis
First 9/22/08
9/30/11
5613 Greenville Loop Road
Wilmington, NC 28409
395 -5512 (H)
Dorothy L. Grime
Initial 12/15/03
12/31/07
5583 Wood Duck Circle
First 1/24/05
1/31/08
Wilmington, NC 28409
Second 1/22/08
1/31/11
350 -0672 (H)
Tamara Parker
Initial 12/20/10
12/31/11
32 Elisha Drive
Wilmington, NC 28405
409 -2881 (H)
Denise L. Shuart ��
Initial 8/13/07
8/31/08
111 Florida Avenue, #16
First 8/18/08
8/31/11
Carolina Beach, NC 28428
617 -7005 (Cell)
Christopher Ryan Thomas
Initial 4/19/10
4/30/11
713 Orchard Avenue
First 7/11/11
7/13/14
Wilmington, NC 28403
264 -1237 (C) 800 - 343 -3401 (W)
Members Nominated by Nursing Home
Administrators: None
Region O Long Term Care Ombudsman
File: /Nursing, B/C #22- 7.11
Audrey Marshall
Cape Fear Council of Governments
1480 Harbour Drive, Wilmington, NC 28401
395 -4553
Revised: 7/12/2011
Board of Commissioners Meeting
08/15/2011
23 -1 -11
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403 COMMiTTEE APPLICA TION
Telephone (91 O) 798-7149
FAX (91 798 - 7145
Board/Committee: "'s I
Name: Y1
Home
A ddress: '5
L
(Street)
Mailing Address if differen t:
Nom
� E- Mail: G k I Q `f' 7 /IJD Ai) L eD
(City) (Zip Co de)
(City) (Zip Code)
Home Phone: Q 3qY-5 Cell: Business:
Years living i
New Hanover County: < Male: Female: Race: Age: 62
(Information for the purpose of assuring a cross - section of the community)
Employer:
(A person currently employed by the agency or department tor- which this application is made, must resign his/her position with
New Hanover County upon appointment, in accordance with Article Vi, Sec. 4 of the New Hanover County Personnel Policy.)
Occupa <(S-Ilp "o U E02
Professional A ctivities:
Volunteer A c tivities:
Why do you wish to serve on this board /committee? C.ay-�
4'N P , Y ,�-�
r �°S t d �2�'S � yj/ I J-,e; rte 4 � i ;1 5 - --
Conflict of Interest: k) board member believes he/she has a conflict or potential conflict of interest on a pi9ticuJar issue, that member should state this belief to the
other members of his/her respective board during a public meeting. The member should state the natu the conflict, detailing that he/she has a separate, private
or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
01 6
What areas of concern would you like to see addressed by this committee? cl) 1-- ip
P a% A I Ar .8. A 1 Ilk 2
Qualifications for serving:
Other municipal or county boards committees on which you are serving:
List three local personal references and phone numbers:
Date: -- Signature
Applications are kept on file for 18 months Board of Commissioners Meeting
08/15/2011 Please use reverse side for additional comments
23 -1 -12
NEW M 4NOV.ER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175 ,
Wilmington, NG 28403 COMMITTEE APPLICATION �
Telephone (910) 798 -7149' Y_
FAX (910) 798 -7145
oard/Co�nmlttee: V LO 1 t "
0 "�
Name: ° �rzca E -Mall:
Address: /'/ J.- /J77 /.0017 /�' j��
Mailing Address f different' i P �r ) o
I?q 4h),00"IA7X; ke7 4
2L
(City) (Zip Code)
Horne Phone: Fax: Cell: 4 WI5fBuslnesst
Years living in
New Hanover County: L.0evOMaie: _ Fernaie: Race: Age:
{l tion for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? If yes, name
Employer:
A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in
accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furtherrwre, applicant should have no immediate family member employed by such agency or
department. � /' -� h
Occupation:
Pro a ional c vides:
Va�-7 0- Ste'
Volunteer Acdvides: /
ah
, C r-
Why do you wish to serve on this board/cor�nrnittee? ,s t
-1 /
t�a- 7t 0asi 16 -L
nfHct o/ . if a board member believes helshe has a conflict or potendal conflict of interest on a particular issue, that member should state this b&Wto the other
members of his4w respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private, or monetary
-AZI10-Ak-P 2La.
interest, either direct or indirect, in the Issue under consideration. The member should then excuse himself herself from voting on the matter.
What areas of concern would ou like to see addressed b this committee? 7�
Y Y
I�
)�w 17r ro'W2 C1 P7 A r) AP
61 leaan ed -0�- "Vn 0 m /,I & Y / , I 40r 7Kh T
Qualifications for serving:
Other municipal or county boardalcommittees on which you are serving:
....
WX - 1
1 5 2011 L
Please use reverse side ►vn m nts
oard of Com issionc
/2011
NEW HANOVER Co 23-1-13
$D. Of COMMISSIONERS
ZaA ,tU n/ii�
C 47
ature
stand t at any board or nee maybe re d
A cause by a maJority of County Commissioners.
Meeting
w,1n �s S / Lnn i rienoh o t -fh P /)Ocr�d /C,'�l) ofCb���
List three local personal references and hone numbers:
re ��,� � .tea �h � �d h je
Board of Commissioners Meeting
08/15/2011
23 -1 -14
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Boa rd /Committee: �`' m M 4_ - �4 I
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Name:
Home
Address: a CL
(Street) (City) (Zip Code)
Mailing Address if different:
E - Nail Address: Pto L k C csyn
Home Phone: Fax: �' - Ce[[:910 — 0 -- 6 05 Business: if
Years Living in
New Hanover County: Male: Female: V Race: ioU b s ,., Age: 4; C
(Information for the purpose of assuring a cross section of the community)
Employer: Mif Rnnc - � baiLic. 11 kks
(A person cu rren tly employe d by the agency o r depar tmen t for which this application ism e, m t re sign hislher position with N ew H anover C ounty
upon app oin tin en t, in a cc or dan ce with Ar tic le V I, Sec do a 4 of the N ew H ano ve r C ou uty Pe rs on ne I Po [icy.)
O
Prof sional Activities- �``� ' 1�-� -- �'1 AA I
Volunteer Activit es. 1• t7
L J 0
6c�
Why do you wish to serve on this board/committee ?- D
131
( IeofA\4�� �d
_Jan"L_ Confikt of Interest f a board member belie"she she has a confict or potential conflict of irkerest on a particular issue, that member should state this belief to the other
members of his respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Q i
v-t& mQk"
Qualifications for serving:
�-�iC OP. U
1cl
10\4r5 , TIA 1� I Aa )Ame-s
Other municipal or county boards /committees on which you are serving:
List three local personal references and phone numbers:
z. M ftS CO n e... 9 � 1 -3 3 - 7 4-ome '7q3 -qqo?
3, 1 tew, o (XL%cA4wo rpU I 000 w 663 - 5y i %e. q5 a -95�77
Date: 0 Signature:
Applications are kept on file for Is months Use reverse side for additional comments
Board of Commissioners Meeting
08/15/2011
23 -1 -15
This page intentionally left blank.
Board of Commissioners Meeting
08/15/2011
23 -1 -16
COMMITTEE APPOINTMENTS
RISK MANAGEMENT ADVISORY COMMITTEE
2 VACANCIES — 3 -YEAR TERMS, EXPIRING 911 114
APPLICANTS:
George Chadwick
Deborah D. Watts
Attachments: Committee Information Sheets
Applications
ELIGIBLE FOR
REAPPOINTMENT
x
Board of Commissioners Meeting
08/15/2011
23 -1 -17
NEW HANOVER COUNTY
RISK MANAGEMENT ADVISORY COMMITTEE
Number of Members: 4
Term of office:
Qualifications:
loss prevention
placement and
experience.
3 years
Persons must have experience in public entity or corporate risk management,
and control, occupational safety and health, claims administration, insurance
brokerage, insurance defense law, actuarial work, or other risk management
Purpose: The Committee offers advice and consultation for an efficient and economical risk
management program for the County and other agencies that contract with the county. The
Commissioners established the Committee after dissolving the Insurance Advisory Committee on
August 7, 2000.
Meetings: Held quarterly or as needed.
Revised: 9/30/2010
Board of Commissioners Meeting
08/15/2011
23 -1 -18
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Richard E. Beebee
First 9/20/10
9/30/13
5101 Avine Court
Wilmington, NC 28409
397 -0676 (H) 233 -1483 (C)
Walker Taylor, IV
First 9/16/02
9/1/05
Walker Taylor Agency, Inc.
Second 8/15/05
9/1/08
1430 Commonwealth Drive, Suite 302
Third 8/18/08
9/1/11
Wilmington, NC 28403
343 -1427 (H) 509 -9000 X -207
Deborah D. Watts
First 8/18/08
9/1/11
6220 N. Bradley Overlook
Wilmington, NC 28403
256 -2011 (H) 256 -6070 (W)
Ronald H. Woodruff
First 9/17/07
9/1/10
406 West Renovah Circle
Second 9/20/10
9/1/13
Wilmington, NC 28403
763 -6236 (H) 763 -9891 (W)
Staff: Tiffany Allen, Risk Manager and Chairman
New Hanover County
File: /Risk
230 Government Center Drive, Suite 125 -A
B/C #39 9.10
Wilmington, NC 28403
Revised: 9/30/2010
Board of Commissioners Meeting
08/15/2011
23 -1 -18
NEW HANO VER COUNTY op
BOARD OF COMMISSIONERS = ; -
230 G overnment Center D*e. S uits 17
Mbnopm. N 28403 COMMITTEE APPLICATION
Telep hone (9 798 -7149
FAX (910) 798 -7143
BoarwCommlttee: New Hanover County Risk Management
Name,- George H Chadwick III E-Mail: gchadwick@ chadwickin�surance . son
Home
Address: 2331 Waverly Dr., Wilmington, NC 28403
Melling Address i differen
(COY) (zip Coft
H ome Phone 9107 631724 F ax: 9107 63500 C611: 910 5200283 B usiness: 9107 6224
Years living in
Now Hanover County. 60 Male: __..L Female:. Race: whi to
(lnf+prrn@;; for the purpose of assufft a cross - section or the Community)
Do you have a family member employed by New Hanover County? If yes, name
Age. 60
Employer.
A pwson 00nmMy OnWhW by ft agencY Or COWMArmilt 1 r which fts apfcaton is ma b. mW rest hftftr posibon with New Hanosner C cunW upon &pip C i Ovinis in
darm wi0 AAWe K Set. ♦ of the Now Hanow Qwnty PwsoMW PQVW. F . appecant sho Ldd hsw no imm�s+daft famly rnernW 0M#dyed by such agency or
t
Occupation: Propert & Casualty Insru Argent
Professional Activi#ies:
Volunteer Activities: Church
Why do you wish to serve on this boardlcommittee? current member 6 Would like to continue to prov
provid my professional experience to the coam�ittes
Co~ of kmNmA 9 a board ffWy9 oar beNOW h&V* has a anlbet or pubwAal ca ad of interest cw a particular issue. ghat rnernber should sole this bosef b ft rO
rrerr of hi~ aVecbre board wing a pubes owe" Tho member sftW ON* go nahue of do cotdW d@W#t V that h&Ww has a sepsndo, PfVM. or monetary
interest oiOw dry# or indrea in this issue undiveorakwatm. The r w"ber should *w excuse hk=e ffieraetl born wosng on the matter.
What areas of concern would you like to see addressed by this committee? continua to provide the
best risk manage to now Hanover county and the other entitites it serves
Qualificadons for serving: Insurance agnet for 39 years
Other municipal or county boardelcommittees on which you are serving: n
List three local personal ces and phone numbers.
T. Allen Rippy (799-2421)
2. Tom Garner (371 -2515)
3. bill Squire ( 763 -8911)
7 .4
Id it Of-
D 8/ 1/2011 Signature .0t frl! I
gpplleatb s are kept on fide for 18 months 1 understand that any board or committee swintes may be removed
without cause by a m*odW of County Commissioners.
Please use reverse side for additional carnrsents
.y Board of Commi s• tigo E ■''�
08/15/ 01 r�"i••
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Go vemment Center Drive. Sure 175
Witmington, NC 28403
Telephone (910) 798 -7149
FAX (910) 7987145
COMMITTEE APPLICATION
aoar&Cotr Mittee: Insurance rnce Advi sorry
(C)
Name: Dwsborar, D . Watts E ,,,w wattsadjust:Lng@aol.com
Horne
Address: 6220 N . Bradley Overlook Wi 2 8 403
C o d e )
1 AMIng Address if cIffereni;
Florae Phone:
Fax: 2 56 8
v
(Zip Code)
Cel. 520 5 317 Business: 256 6070
Years living in
New Hanover County: 2 9 Male: Female: V Racer
onfonnation for t �& purpose of assuft a cross - section of the communkr)
Do you have a ramify member eaWloyed by New Hanover Court Il` yes, game no
Age: 55
E plo 'WATTS ADJUSTIM;
A person currentfy employed by the agency or dqwfter for which this applicabw is made, mgt resign hisft r posilb wth New Hanover County upon appointrn end in
accordance with Article W, Sec. 4 of the Nov Hanover Cc unty Pars z"* Poficy. Furthermore, eppfficant should have no immedate family fn em ber employed by such agenc y of
department
Occupation: PRESIDENT W&TTS ADJUSTING
Professional Activities: WIT GTON INSURANCE PROFESSIONALS
Volunteer ACtlVlties: TREASURER ST JOHNS EPISCOPAL WILM INTERFAITH HOSPITALITY NETWORK{
Wh y do y ou w ish t o serve on th is b erdkommittee? USE MY EX IN CLAIMS /RISK MANAGEMENT FOR
O UR COMt]NITY
Confikt of int~ if a board mamber "ieves hershe has a owflict ar potential conflict of interest on a particular issue, that membw should state this belief to the other
members of his#w respwhve board during a public meating The member shoutd state the nature of the conflict, defa►frng that harsher has a separate, private, or monetary
interest, ar'ther director indirect, in Me issue under caisrclferahon The member should then excuse himsefterselffrom voting on the matter:
What areas of concern would you like to see addressed by this connittee? CONTINUED EN RI SK
14ANA , FROM LOSS CONTROL, TO INSURAN AND S AFETY PROGRAMS.
Qualifications f or serving: 'p- I SE AM EX PERIENCE -IN THE INSURANCE / RISK MANA
INDUSTRY
Other municipal or county hoardsJcommittees on which you are swWng: NONE
List three Decal p ersonal references an d phon a numb ers:
1. THE REV DR. THOMAS BARNETT, RECTOR STL JOHNS EPISCOPAL 762 5273
2. MR GENE WOODBURY , WOODBURY INSURANCE 7 3 4 31
3 MR AL GERNON BUTLER, JR . OR III ATTORNEY, 76
Date, 07/27/2011 Signaiure
A p0cadons are kept on fife for 48 months f undersftnd that 3t board or ccoGj
without cause b majority of C rr4
'lease use reverse side for additioml comments
Board of Commissioners Meeting
08/15/2011
23 - 1 - 20 _.......... -
NEW HAN OVER CO.
terappointe+e may be removed
Com rmission ers
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