2008-02-18 RM ExhibitsNEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 - WILMINGTON, NC 28403
0910) 798-7149 (910> 798-7145 FAX www.NH000V.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board ~ ~ ~ ~ ~ ~`,
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Airlie Gardens desires to replace a John Deere 4600 tractor that is in need of
repairs with a 2008 New Holland tractor and to replace a 2001 Bobcat Model 763 which is
also in need of repairs with a 2008 Bobcat utility vehicle; and
WHEREAS, Johnson Equipment Company located in Whiteville, NC, has offered to sell the
2008 New Holland tractor for $27,631 with atrade-in allowance on the old John Deere
tractor of $14,500 for a net cost of $13,131 and
WHEREAS, Bobcat of Wilmington has offered to sell the 2008 Bobcat utility vehicle for
$6,600 with atrade-in allowance on the 2001 Bobcat Model 763 of $6,100 for a net cost of
$500.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the John Deere 4600 tractor and the 2001 Bobcat Model 763 be
declared surplus and the trade-in allowances of $14,500 from Johnson Equipment
Company and $6,100 from Bobcat of Wilmington respectively be accepted on the
purchases of a 2008 New Holland tractor from Johnson Equipment Company and a 2008
Bobcat utility vehicle from Bobcat of Wilmington and that the Finance Director be
authorized to sign all related documents associated with this transaction.
ADOPTED this the 18th day of February, 2008.
.NEW HANOVER COUNTY
William A. Caster, Vice-Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
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AGENDA: February 18, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-146
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-146 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General
Department: Health/Tuberculosis
Ex enditure: Decrease Increase
Health/Tuberculosis:
Ca ital Outla - Co ier $10,000
M&R - E ui ment 3,000
Su lies 3,415
Total X16 415
Revenue: Decrease Increase
State of North Carolina/Tuberculosis:
Tuberculosis $16,415
Total $16 415
Section 2: Explanation
The New Hanover County Health Department's Tuberculosis Program received word from the State that
anticipated revenues in the amount of $16,415 would not be received in the current fiscal year. We are
requesting approval to reduce the revenue and expenditure budgets by $16,415 as a result of this
notification.
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 08-146 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 18~' day of February, 2008.
(SEAL)
William A. Caster, Vice-Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
AGENDA: February 18, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-155
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-155 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section I: Details of Budget Amendment:
Fund: General Fund
Department: Social Services/IV-E Waiver Program /Services
Ex enditure: Decrease Increase
IV-E Waiver Pro ram /Services:
Contract Services - Le al Services $ 166,553
Foster Parent Su ort Services 150,000
Intensive Famil Preservation 300,000
IV-E Fundin Flexibilit 120,000
IV-E Waiver Mediation 12,000
Reunification Services 300,000
DSS -Administration:
Salaries and Wa es 282,136
Total $1 330 689
Revenue: Decrease Increase
DSS -Administration:
1571 Funds -Federal /State $ 463,274
IV-E Waiver Pro ram /Services:
Federal IV-E Waiver Funds 867,415
Total $1 330 689
Section 2: Explanation
The Federal Government discontinued the IV-E Waiver Program in North Carolina. This amendment
adjusts the FY07-08 budget for the eliminated Federal and State revenues and decreases the associated
program expense line items.
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 08-155 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 18~` day of February, 2008.
William A. Caster, Vice-Chairman
ATTEST:
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Sheila L. Schutt, Clerk to the Board
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AGENDA: February 18, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-87
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that
the following Budget Amendment 2008-87 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Scattered Site Housing-Grant 3
Department: Finance
Ex enditure: Decrease Increase
Ca ital Pro'ect Ex ense $1,445
Transfer to General Fund Plannin $1,445
Total $1,445 $1,445
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Planning
Revenue: Decrease Increase
Transfer from Ca ital Pro'ects Scattered Site Housin $1,445
Total $1 445
Ex enditure: Decrease Increase
Tem ora Salaries $1,342
FICA 103
Total 1 445
Section 2: Explanation
This budget amendment is to transfer funds from Scattered Site Housing (Fund 390) into Planning's budget
for temporary salaries and FICA incurred by interns working on this project. This is for the quarter ending
12/31 /07.
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 2008-87 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 18~' day of February, 2008
William A. Caster, Vice-Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403
(910) 798-7149 ~ (910) 798-7145 FAX ~ Wy~rW.NH000V.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr„ Commissioner Nancy H. Pritchett, Commissioner _
Sheila L. Schult, Clerk to the Board ~ ~ ~ ~ ~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Resolution Recognizing the
North Carolina Association of County Commissioners Centennial
100 Years of County Unity
WHEREAS, an informal agreement to form the North Carolina Association of County
Commissioners was made by a handful of county commissioners who, at the request of Craven
County Commissioner C.E. Foy, met in New Bern in 1908, to discuss county issues of common
interest; and
WHEREAS, the first session of the unofficial Association was held at the Atlantic Hotel in
Morehead City on August 19, 1908, where C.E. Foy was elected as president; and
WHEREAS, the North Carolina General Assembly passed an act on March 8, 1909 establishing
the North Carolina Association of County Commissioners on behalf of counties; and
WHEREAS, the North Carolina Association of County Commissioners is an advocacy and
service organization made up of a!I one-hundred North Carolina counties; and
WHEREAS, the active participation and engagement of all one-hundred counties have directed,
strengthened and enhanced the North Carolina Association of County Gommissioners; and
WHEREAS, the dedication and talents of individual county commissioners and county staff
have led the North Carolina Association of County Commissioners' success in advocacy,
county-centered services and educational programs.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
Commissioners recognizes the "100 Years of County Unity" in tribute to the North Carolina
Association of County Commissioners' Centennial.
ADOPTED the 18th day of February 2008.
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NEW HANOVER COUNTY
William A. Caster, Vice-Chairman
~T~EST:
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 ~ WILMINGTON, NC 28403
(910) 798-7149 (910) 798-7145 FAX ~ WWW NHCGOV.COM
Robert G. Greer, Chairman ~ William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board ~ ~ ~ I ` ~,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN SUPPORT OF SENATE BILL 599
TO PROTECT THE SHORELINES OF NORTH CAROLINA
WHEREAS, New Hanover County supports responsible and environmentally sound shoreline
management solutions; and
WHEREAS, the beaches of North Carolina are recognized as national treasures and one of North
Carolina's most precious natural resources, providing recreational opportunities for North Carolina
residents and visitors from all over the world as well as important environmental assets that depend on
wide sandy beaches to flourish; and
WHEREAS, the beaches of North Carolina contribute millions of tourism dollars to the State of North
Carolina and the coastal counties and towns of North Carolina depend heavily upon the economic vitality
of our beach communities for tourism revenue and critical tax base; and
WHEREAS, beach erosion is one of the most serious challenges facing the North Carolina shoreline,
affecting millions of dollars of public and private infrastructure and thousands of homes, thereby
threatening a vital part of the State's coastal economy; and
WHEREAS, unstabilized inlets contribute significantly to the erosion along the beaches of North Carolina;
and
WHEREAS, inlet management strategies can protect our habitat, wetlands, sound and creek
environments while creating more stable and safer inlets; and
WHEREAS, the State of North Carolina has already allowed construction of two terminal groin structures
along our coast which have proven successful and beneficial for decades and terminal groins have also
been proven successful adjacent to tidal inlets without significant adverse impacts nationwide; and
WHEREAS, Senate Bill 599 will allow for consideration of terminal groins as an inlet management tool
while at the same time ensuring proper consideration for environmental issues.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby
supports the passage of Senate Bill 599 to protect the shorelines of North Carolina and encourages every
member of the House of Representatives to vote in favor of this bill to protect the coast of North Carolina.
ADOPTED this the 18'h day of February 2008.
NEW HANOVER COUNTY
William A. Caster, Vice-Chairman
T EST:
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Sheila L. Schutt, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403
(910) 798-7149 ~ (910) 798-7145 FAX WWW,NHCGOV.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner• Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board X ~ 3 I
AN ORDINANCE
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
The Board of County Commissioners of New Hanover County hereby ordains that
Chapter 26, Fire Protection and Prevention, Article I, in General, Section 26-2, be
amended by enacting the following:
Section 26-2. Open Burning for Fire Training.
(a) Purpose. It is the intent and purpose of this section to enact certain fire control
provisions to protect the health and safety of the residents of the County.
(b) Restrictions. It shall be unlawful for any person to start or cause to be started
any fire or ignite any material when engaged in Fire Training without prior
approval of the County Fire Marshal. All Fire Training engaged controlled burns
shall comply with local, state and federal laws or ordinances.
(c) Penalty for violations of section. Any person who shall violate the provisions of
this section shall be guilty of misdemeanor, punishable by a fine of not more than
$500.00 nor imprisonment of not more than 30 days at the discretion of the court,
as provided by G.S. 14-4.
(d) Area Covered. This section shall be effective within the unincorporated County
and the jurisdiction of any municipality within the County which shall so agree by
appropriate resolution.
Except as specifically amended above, Chapter 26 shall remain unaltered, in full force
and effect.
This the 18th day of February, 2008.
Ur1TY.
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NEW HANOVER COUNTY
William A. Caster, Vice-Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 ~ WILMINGTON, NC 28403
(910) 798-7149 ~ (910) 798-7145 FAX ~ www.NH000V.coM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schult, Clerk to the Board / ~ ~ •~ ~ • ~'
RESOLUTION
OF THE
BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA
DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL
GOVERNMENT COMMISSION OF NORTH CAROLINA PURSUANT TO GENERAL
STATUTE 160A-20 IN AN AMOUNT NOT TO EXCEED $16,500,000 AND CERTAIN
RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, the Board of Commissioners (the "Board") of New Hanover County, North
Carolina (the "County") has decided to use an installment purchase contract to finance
the costs associated with the acquisition certain land and improvements for use by New
Hanover County, including (i) Jail Land, (ii) CFCC Public Safety Training Center, (iii)
Customs Building at Wilmington International Airport, (iv) Murrayville Fire Station
(collectively, the "Project"); and
WHEREAS, the Board desires to authorize the County Manager, the Finance Director
and the County Attorney of New Hanover County to apply to the Local Government
Commission of North Carolina (the "LGC") for its approval of the financing contract in an
amount not to exceed $16,500,000 (the "Contract"), the proceeds of which will be used
to (a) finance the costs of the Project, (b) reimburse the County for expenditures already
incurred since the inception of the land and improvement purchases; and
WHEREAS, financing pursuant to General Statutes 160A-20 must be approved by the
LGC and will only be approved if the finding of General Statues 159-151(b) are met; and
WHEREAS, it is anticipated that the LGC will approve the Project and the financing
thereof contemplated herby at its meeting on April 1, 2008; and
WHEREAS, it has been presented to the Board substantially final forms the installment
financing Contract between the County and SunTrust Leasing Corporation in the
principal amount not to exceed $16,500,000.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New
Hanover County, as follows:
Section 1. That the County Manager, the Finance Director and the
County Attorney of New Hanover County are hereby authorized, directed and
designated to file an application with the Local Government Commission for its approval
of the financing contract.
Section 2. That the Board finds and determines and asks that the Local
Government Commission finds and determines from New Hanover County's application
and supporting documentation:
(a) The proposed contract is necessary and expedient.
(b) The proposed contract is preferable to a general obligation bond
issue for the same purpose because of the particular needs to be
financed, the short term nature of the financing, the aggregate
volume of financing to be accomplished and the desirability of
having the alternative financing structures and repayment
provisions possible in the proposed negotiated installment
financing.
(c) The cost of the proposed undertaking exceeds the amount of funds
that can be prudently raised from currently available appropriations,
un-appropriated fund balances, and non-voted general obligation
bonds that could be issued by New Hanover County in the fiscal
year pursuant to Article V, Section 4, of the North Carolina
Constitution. The Project is non-revenue producing so revenue
bonds are not an option.
(d) The cost of financing under the proposed Contract is not greater
than the cost of issuing general obligation bonds.
(e) The sums to be provided under the Contract are adequate and not
excessive for the stated purpose.
(f) New Hanover County's debt management procedures and policies
are good and have been carried out in strict compliance with law
and will henceforth be so carried out.
(g) Any increase in taxes necessary to meet the sums estimated to fall
due under such proposed installment financing Contract will not be
excessive.
(h) New Hanover County is not in default in any of its debt service
obligations.
(i) The attorney for the County has rendered an opinion that the
proposed Project is authorized by law and is a purpose for which
public funds may be expended pursuant to the Constitution and
laws of the State of North Carolina.
Section 3. The Chairman and Vice-Chairman of the Board, the County
Manager, the County Attorney, the Finance Director, and the Clerk to the Board are
hereby authorized to do any and all things necessary to effectuate the issuance of the
Contract.
Section 4. To the extent permitted by law, the officer or employee of the
County as may be responsible from time to time for the preparation of the annual
budget of the County, is hereby authorized and directed to carry out the obligations
imposed by the Contract on such officer or employee.
Section 5. All other action of the officers of the County which are in
conformity with the purposes or intent of this resolution and in furtherance of the
execution of the Contract and the undertaking of the Project, including the execution of
the Security Documents, are hereby ratified, approved and confirmed. The
representations of the County made in the Contract and the Security Documents are
hereby confirmed. The approval by the County of the Contract and the Security
Documents is contingent upon the approval of the Contract by the LGC.
ADOPTED this the 18th day of February, 2008.
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NEW HANOVER COUNTY
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William A. Caster, Vice-Chairman
ATTEST:
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Sheila L. Schutt, Clerk to the Board