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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 X ~3~,s. z~. 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: ~~~~~ ~. _ ~ v~~~ Sheila L. Schutt, Clerk to the Board /~4- a zO d x t 1TV _ ~'~,31,5.~~. 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 \la ~5 L1 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. ~wa- 0 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: f 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. ~`~~ O t ~ ~0~~~ O ~~ 9 4 0 ~ r 3~ ~2' •h~~. ~~'7ge~~stikv ~' 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. /~w~ 0 ~~TV NEW HANOVER COUNTY l~ - ~~e~.-v~. William A. Caster, Vice-Chairman ATTEST: ~ ~. ~_ ~~ Sheila L. Schutt, Clerk to the Board