2007-09-17 RM Exhibits
XB 30.30. J
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Maple Ridge Road, Walking Horse Court, Copper Mare Court and
Grizzly Bear Court (Div. File No: 1101-N), Stone Wood Court and
Rabbit Hollow Drive (Div. File No: 1104-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established
by the Division of Highways of the Department of Transportationfor the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that
the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s)
for maintenance if they meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 17ili day of September ,2007.
~ WITNESS my hand
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and
official
seal
this
the
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day
of
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Sheila L. . Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
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'jB3C. 30,~~
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent
at 2:00 PM., August 30,2007 in the New Hanover County Finance Office, Suite 165, Conference Room 502
located at 230 Govemment Center Drive, Wilmington NC, and the following bids were received for one (1)
landfill bulldozer for use at the Landfill of the Environmental Management Department, Bid # 08-0045; and
Gregory Poole Equipment Company
$649,329
R. W. Moore Equipment Company, Inc.
$769,000
WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager
recommend that the contract be awarded to Gregory Poole Equipment Company, the lowest responsible.
bidder, in the amount of Six Hundred Forty-Nine Thousand Three Hundred Twenty-Nine Dollars
($649,329); and
WHEREAS, six hundred thousand dollars ($600,000) was approved in the FY 07-08 budget for the
purchase of the landfill bulldozer; and
WHEREAS, budget amendment # 08-030 has been prepared and is for accounting purposes to record
and budget the financing proceeds and is submitted for approval as part of this request; and
WHEREAS, pursuant to the requirements of the United States Treasury Regulations Section 1.1.03-8,
the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of
the expenditures incurred by it prior to the issuance of the financing; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that contract # 08-0045 for the purchase of one (1) landfill bulldozer for the Landfill be awarded to
Gregory Pool Equipment Company in the amount of six hundred forty-nine thousand three hundred twenty-.
nine dollars $649,329); and that the County Manager is hereby authorized and directed to execute
contract # 08-0045, contract form to be approved by the County Attorney.
Adopted this 17th day of September, 2007.
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Robert G. Greer, Vice-Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
"'630.30,1b
AGENDA: September 17,2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-030
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-030 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Environmental Management
Department: Environmental Management
EXDenditure: Decrease Increase
Landfill:
Capital OutIav - Equipment $649,329
Total $649.329
Revenue: Decrease Increase
Recvcling:
Installment Loan Proceeds $649,329
Total $649.329
Section 2: Explanation
To budget installment debt proceeds for purchase of a bulldozer. Purchase was approved in the
FY 07-08 budget.
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 08-030 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this l7tl1 day of September, 2007.
'I 8 30. 30 . 3a...
AGENDA: September 17, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-023
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-023 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Airlie, Finance/Non-Departmental, Cooperative Extension, Property
Management, Tax, Planning, Parks, Emergency Management, Health/Animal Control
Expenditure: Decrease Increase
Airlie:
Capital Outlay - Other Improvements $250,000
FinanceIN on-Departmental:
Contribution - WAVE 166,918
Training and Travel 90,000
Cooperative Extension:
Capital Outlay - Other Improvements 153,870
Property Management:
Capital Outlav - Other Improvements 350,000
Tax:
Contracted Services 296,000
Temporary Salaries 90,000
Planning:
Contracted Services 18,800
Parks:
Capital Outlay - Equipment 110,000.
Capital Outlay - Other Improvements 200,000
Emergency Management:
Supplies 813
Health! Animal Control:
M&R Building and Grounds 102
Total $1.726,503
Revenue: Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $1,725,588.
Emergency Management:
Contributions from Escrow 813
Health! Animal Control:
Contributions from Escrow 102
Total $1.726 503
Fund: Environmental Management
Department: W ASTEC and Landfill
Exoenditure: Decrease Increase
Environmental Management:
W ASTEC:
Capital Outlay - Equipment $389,043
Total $389 043
Revenue: Decrease Increase
Environmental Management:
Landfill:
Appropriated Fund Balance $389,043.
Total $389.043
BfA 08-023, September 17,2007, Pal!e 2
Section 2: Explanation
To rollover expenditures from FY 06-07 to FY 07-08. These items were budgeted in FY 06-07, but
completion of transactions or project did not occur prior to June 30, 2007.
Additional Information:
The following is additional information regarding FY 07-08 carryovers:
· Airlie: to carryover funds for paths that are in compliance with the Americans with Disabilities Act.
These funds were not expended in FY 06-07.
· Finance/Non-Departmental: To carryover funds for W AVE Transit for Mobile Data Terminal:.
$16,595; Grant match for vans: $16,323; and matching funds for facility: $134,000.
· Cooperative Extension: Funds for parking lot improvement.
· Property Management: Funds for projects not completed in FY 06-07. Funds will be used for DSS
door replacement and work on the Courthouse and Cobb Annex. .
· Tax: Funds for completion of revaluation and new system implementation project.
· Planning: To carryover funds for Contracted Services.
· Parks: Funds for Stage, Dog Park, and Gazebo work.
· Environmental Management Fund: Forklift: $35,000; Loader Purchase: $70,427; Vibration
Monitoring Equipment: $33,616; and Boiler Retube: $250,000.
· Escrow accounts for landscaping at Animal Control Center and Pet Friendly Co-Location Shelter.
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 08-023 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
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Robert G. Greer, Vice-Chairman
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Sheila L. Schult, Clerk to the Board
'" 13 30. 30. 3 b
AGENDA: September 17,2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-027
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment 08-027 be made to the annual budget ordinance for the fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Juvenile Day Treatment and Airlie Gardens
EXDenditure: Decrease Increase
Juvenile Day Treatment-Safe Schools:
Salaries $ 2,626
FICA 201
Retirement 129
11edical Insurance 598
Disability Insurance 7
Juvenile Day Treatment-CF11F Grant:
Supplies 4,258
Training and Travel 2,200
Airlie:
Contracted Services 25,000
Total $35.019
Revenue: Decrease Increase
Juvenile Day Treatment:
Safe Schools Grant $ 3,561
CF11F Grant 6,458
Airlie:
CW1v1TF Grant-Bradley Creek 25,000
Total $35,019
Fund: Fire Services
D Ad . .
epartment: mInIstratIOn
EXDenditure: Decrease Increase
Fire Services Administration:
Supplies $1,702
Total $1 702
Revenue: Decrease Increase
Fire Services Administration:
Get Alarmed Grant $1,702
Total $1.702
Section 2: Explanation
To rollover unexpended grant funds from FY 06/07 to FY 07/08.
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 08-027 amending the annual budget ordinance for the fiscal year
ending June 30, 2008, is adopted.
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Robert G. Greer, Vice-Chairman
X13 ?>o. 30. 3~
AGENDA: September 17,2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-26
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-26 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriffs Office
Exnenditure: Decrease Increase
Controlled Substance Tax:
Supplies $37,772
Total $37,772
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $37,242
Interest on Investments $ 530
Total $37 772
Section 2: Explanation
To budget Controlled Substance Tax Receipts for 8/24/07, and interest on investments for the second
quarter of 2007. 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 2008-26 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
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Robert G. Greer, Vice-Chairman
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Shei a L. Sc uIt, Clerk to the Board
X & 30.30. 3d.
AGENDA: September 17, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-27
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-27 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriff's Office
Exnenditure: Decrease Increase
Federal Forfeited Property:
Supplies $26,803
Total $26 803
Revenue: Decrease Increase
Federal Forfeited Property:
Federal Forfeited Property $24,271
Interest on Investments $ 2,532
Total $26.803
Section 2: Explanation
To budget Federal Forfeited Property receipts for 8/21/07 thru 8/23/07, and interest on investments for the
second quarter of2007. 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 2008-27 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
WIJ~
Robert G. Greer, Vice-Chairman
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Shei a L. Schult, Clerk to the Board
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RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, Frances Weller began her professional career with WECT on May 31, 1982,
becoming an anchor in 1986; and
WHEREAS, Ms. Weller has willingly given twenty-five years of service to charitable
organizations such as the American Cancer Society's Relay for Life, American Heart Association,
New Hanover Regional Medical Center Foundation Pink Ribbon Project, Community Boys and
Girls Club, and the Willie Stargell Foundation, but to name a few; and
WHEREAS, Ms. Weller has never hesitated to give her time to help her fellow man within
the communities of New Hanover County and has been recognized by Governor Mike Easley for
her service; and
WHEREAS, Frances Weller's leadership, innovation and valuable service to New Hanover
County has and continues to be invaluable to New Hanover County.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of
Commissioners that it recognizes Frances Weller for her devotion and hard work to the many
charitable organizations of New Hanover County and congratulates her on twenty-five years of
professional and public service to the Cape Fear Region.
ADOPTED the 1 ih day of September 2007.
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Robert G. Greer, Vice-Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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" 630.30.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NEW HANOVER COUNTY BIG SWEEP DAY
. PROCLAMATION
WHEREAS, New Hanover County is rich in natural resources and
beauty; and
WHEREAS, water is a basic and essential need for all life; and
WHEREAS, trash fouls our waterways as well as our landscapes; and
WHEREAS, every citizen should contribute to keeping our
environment clean and healthy by working together to preserve clean water
and the natural beauty of our surroundings; and
WHEREAS, North Carolina Big Sweep is a statewide community
effort to retrieve trash from North Carolina's waterways and landscapes.
NOW, THEREFORE, BE IT PROCLAIMED that the Board of
Commissioners of New Hanover County, North Carolina does hereby
declare September 29, 2007 as "BIG SWEEP DAY" in New Hanover
County, and does further hereby urge every citizen to do his or her part to
restore the beauty and function of our beaches, lakes, streams, and rivers by
volunteering in the Big Sweep event.
ADOPTED the 17th day of September 2007.
W~
Robert G. Greer, Vice-Chairman
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
X e, 30. ?i). It> Q
FALL LITTER SWEEP 2007
PROCLAMATION
WHEREAS, the North Carolina Department of Transportation organizes an annual fall
statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and
WHEREAS, the fall 2007 LITTER SWEEP cleanup will take place September 15-29,
2007, and encourages local governments and communities, civic and professional groups,
businesses, churches, schools, families and individual citizens to participate by sponsoring and
organizing local roadside cleanups; and
WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees,
Department of Correction inmates and community service workers, local government agencies,
community leaders, civic and community organizations, businesses, churches, schools, and.
environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may
receive certificates of appreciation for their participation; and
WHEREAS, the cleanup will celebrate the 19th Anniversary of the North Carolina
Adopt-A-Highway program and its 6,000 volunteer groups that donate their labor and time year~
round to keep our roadsides clean; and
WHEREAS, the great natural beauty of our state and a clean environment are sources of
great pride for all North Carolinians, attracting tourists and aiding in recruiting new industries;
and
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WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides,
emphasize the importance of not littering, and encourage recycling of solid wastes; and
WHEREAS, the cleanup will be a part of educating the children of this great state.
regarding the importance of a clean environment to the quality of life in North Carolina.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that September 15 - 29, 2007 be recognized as "FALL LITTER SWEEP" in
New Hanover County.
ADOPTED the 1 ih day of September 2007.
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Robert G. Greer, Vice-Chairman I
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Sheila L. Schult, Clerk to the Board
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'/-.6 30. SD. '7
RESOLUTION APPROVING AN INSTALLMENT
FINANCING OF GOVERNMENTAL WATER FACILITIES AND THE SALE OF NOT MORE THAN $42,000,000
VARIABLE RATE CERTIFICATES OF PARTICIPATION, SERIES 2007
AND AUTHORIZING THE EXECUTION AND DELIVERY
OF DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, there have been available at this meeting substantially final drafts of the following:
(1) A form of the Installment Purchase Contract to be dated as of October 1,2007 (the "Contract"), between the County
of New Hanover, North Carolina (the "County") and the New Hanover County Financing Corporation (the
"Corporation");
(2) A form of the Deed of Trust and Security Agreement to be dated as of October 1, 2007 (the "Deed of Trust"), from
the County to a trustee for the benefit of the Corporation;
(3) A form of the Indenture of Trust to be dated as of October 1, 2007 (the "General Indenture") between the
Corporation and First-Citizens Bank & Trust Company, as trustee (the "Trustee");
(4) A form of the Supplemental Indenture, Number One to be dated as of October 1, 2007 (the "Supplemental
Indenture"), between the Corporation and the Trustee;
(5) A form of the Standby Certificate Purchase Agreement to be dated as of October 1, 2007 (the "Standby
Agreement"), among the County, the Trustee and DEPF A Bank PLC;
(6) A form of the Official Statement (the "Official Statement") to be dated on or about October 3,2007, relating to the
Variable Rate Certificates of Participation, Series 2007 (the "Certificates");
(7) A form of the Contract of Purchase to be dated on or about October 10, 2007 (the "Purchase Contract") between
Wachovia Bank, National Association (the "Underwriter") and the Corporation;
(8) A form of the Letter of Representation to be dated on or about October 10, 2007 (the "Letter of Representation")
from the County to the Underwriter; and
(9) A form of the Remarketing and Interest Services Agreement to be dated as of October 1, 2007 (the "Remarketing
Agreement"), between the County and the Underwriter.
WHEREAS, the Board of Commissioners of the County duly conducted a public hearing on September 4, 2007 regarding
the Contract (to finance the construction, and equipping of the Project) and the mortgaging of the site related to the water treatment
plant component of the Project, all as described in a notice of public hearing, and the Board received evidence supporting the need for
such fmancing;
WHEREAS, the County has considered and evaluated both fixed and variable rate debt alternatives on a tax-exempfbasis;
WHEREAS, the County considered and recognized that variable interest rate debt instruments expose the County to the risk
of higher interest rates in the future, and that in addition to the variable interest cost, the County must pay the fees of the liquidity
facility provider and the remarketing agent, which fees may increase the variable interest cost by approximately 0.20%; and
WHEREAS, in light of present expectations of both fixed and variable interest rate levels, and given the refinancing
flexibility (no call premium and no call period protection while in variable rate mode) of variable rate indebtedness, the County
believes that a variable rate certificate of participation installment financing will result in debt service cost savings over the life of the
Certificates and provide flexibility in the event the County transfers the Project to a governmental authority; .
WHEREAS, the Board of Commissioners of the County desires to approve the proposed installment fmancing of the Project
and the execution, sale and delivery of the Certificates and to authorize other actions in connection therewith;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County as follows:
(1) All actions heretofore taken by the County Manager, the Finance Director and the County Attorney effectuating the
proposed installment financing of the Project are hereby approved, ratified and authorized pursuant to and in
accordance with the transactions contemplated by the documents referred to above.
(2) Each of the Contract, the Deed of Trust, the Letter of Representation, the Standby Agreement and the Remarketing
Agreement, in the form submitted to this meeting, is hereby approved, in substantially such form and the Chairman
or Vice Chairman of the Board, the County Manager, the Finance Director, the County Attorney and the Clerk to the
Board are each hereby authorized and directed to execute and deliver each of those documents on behalf of the
County, with such changes, insertions or omissions as they may approve with the advice of counsel.
(3) The General Indenture, the Supplemental Indenture and the Purchase Contract, in the forms submitted to this
meeting, are hereby approved with such changes, insertions or omissions as they may approve with the advice of
counsel, including provisions that relate to a financial guarantee insurance policy issued by Ambac Assurance
Corporation.
(4) The form of the Official Statement submitted to this meeting, is hereby approved, in substantially such form, with
such changes, insertions and omissions as appropriate, and the use thereof in connection with the public offering and
sale of the Certificates is hereby authorized. The Chairman or Vice Chairman of the Board and the County Manager,
the Finance Director and County Attorney are hereby authorized and directed to effectuate the distribution, on behalf
of the County, the Official Statement in substantially such form, with such changes, insertions and omissions as they
may approve with the advice of counsel.
(5) Subject to the limitations set forth herein, the County Manager and the Finance Director are hereby authorized to
approve the terms of the Certificates, including but not limited to, the aggregate principal amount and the dates and
amounts of sinking fund payments thereof, the redemption provisions thereof and the interest rates thereon; provided
that: (i) the principal amount of the Certificates shall not exceed $42,000,000; (ii) the final maturity date of the
Certificates shall be no later than October 1,2027; (iii) the initial variable interest rate thereof shall not exceed 5.5%;
and (iv) the variable interest rate on the Certificates after the initial period shall not exceed the Ceiling Rate (as
defined in the Supplemental Indenture).
(6) The Chairman or Vice Chairman of the Board, the County Manager, the Finance Director, the Clerk to the Board,
and the County Attorney are hereby authorized to take any and all such further action and to execute an~ deliver
such other documents as may be necessary or advisable to carry out the intent of this Resolution and to effect the
installment financing pursuant to the Contract, including, without limitation, finalizing a financial guarantee
insurance policy and entering into tax compliance certificates and agreements. Without limiting the generality of the
foregoing, each of the County Manager and the Finance Director is authorized to approve all details of the financing,
including without limitation, the amount advanced under the Contract. Execution of the Contract by the Chairman
or Vice Chairman of the Board or the County Manager and the Finance Director shall conclusively evidence
approval of all such details of the financing.
NE~RCO;;i
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Robert G. Greer, Vice-Chairman
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Sheila L. Schult, Clerk to the Board