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2010-10-18 RM Exhibits Exhibi Book Xxx It page .2 1. t NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2011 SCHEDULE OF REGULAR MEETINGS MEETINGPLACE, NEW HANOVER COUNTY COURTHOUSE 24 N THIRD STREE7; ROOM 301, WILMINGTON, NC MONDAY, January 3, 2011 6:00 P.M. TUESDAY, January 18, 2011 9:00 A.M. MONDAY, February 7, 2011 6:00 P.M. MONDAY, February 21, 2011 9:00 A.M. MONDAY, March 14, 2011 3:00 P.M. MONDAY, April 4, 2011 6:00 P.M. MONDAY, April 18, 2011 9:00 A.M. MONDAY, May 2, 2011 6:00 P.M. MONDAY, May 16, 2011 9:00 A.M. MONDAY, June 6, 2011 6:00 P.M. MONDAY, June 20, 2011 9:00 A.M. MONDAY, July 11, 2011 3:00 P.M. MONDAY, August 1, 2011 6:00 P.M. MONDAY, August 15, 2011 9:00 A.M. TUESDAY, September 6, 2011 6:00 P.M. MONDAY, September 19, 2011 9:00 A.M. MONDAY, October 3, 2011 6:00 P.M. MONDAY, October 17, 2011 9:00 A.M. MONDAY, November 7, 2011 6:00 P.M. MONDAY, November 21, 2011 9:00 A.M. MONDAY, December 5, 2011 6:00 P.M. MONDAY, December 19, 2011 9:00 A.M. Conference Dates: NCACC Legislative Goals Conference, Raleigh/Wake County, NC January 20-21, 2011 NACo Legislative Conference, Washington, D.C. March 5-9, 2011 NACo Annual Conference, Portland/Multnomah County, Oregon July 15-19, 2011 NCACC Annual Conference, Concord/Cabarrus County, NC August 18-21, 2011 Chamber Conference, Washington, D.C. September 12-13, 2011 (Tentative) a �L�NTY. 3 ,4e- ka NEW HANOVER COUNTY BOARD OF COMMISSIONERS ti '2 2011 Agenda Review and Regular Meeting Schedules p } •fJrNi IN[D`.a. Agenda Review Agenda Review Regular Meeting Dates Meeting Times Regular Meeting Dates Meeting Times Location: NHC Gov't Ctr. Location: NHC Historic Harrell Conference Room Courthouse Thursday, Dec. 30, 2010 4:00 p.m. Monday, January 3 6:00 p.m. Thursday, January 13 4:00 p.m. Tuesday, January 18 9:00 a.m. Thursday, February 3 4:00 p.m. Monday, February 7 6:00 p.m. Thursday, February 17 4:00 p.m. Monday, February 21 9:00 a.m. j t Thursday, March 10 4:00 p.m. Monday, March 14 3:00 p.m. I w Thursday, March 31 4:00 p.m. Monday, April 4 6:00 p.m. I Thursday, April 14 4:00 p.m. Monday, April 18 9:00 a.m. Thursday, April 28 4:00 p.m. Monday, May 2 6:00 p.m. Thursday, May 12 4:00 p.m. Monday, May 16 9:00 a.m. Thursday, June 2 4:00 p.m. Monday, June 6 6:00 p.m. Thursday, June 16 4:00 p.m. Monday, June 20 9:00 a.m. Thursday, July 7 4:00 p.m. Monday, July 11 3:00 p.m. Thursday, July 28 4:00 p.m. Monday, August 1 6:00 p.m. Thursday, August 11 4:00 p.m. Monday, August 15 9:00 a.m. Thursday, September 1 4:00 p.m. Tuesday, September 6 6:00 p.m. Thursday, September 15 4:00 p.m. Monday, September 19 9:00 a.m. Thursday, September 29 4:00 p.m. Monday, October 3 6:00 p.m. Thursday, October 13 4:00 p.m. Monday, October 17 9:00 a.m. r Thursday, November 3 4:00 p.m. Monday, November 7 6:00 p.m. f Thursday, November 17 4:00 p.m. Monday, November 21 9:00 a.m. Thursday, December 1 4:00 p.m. Monday, December 5 6:00 p.m. i Thursday, December 15 4:00 p.m. Monday, December 19 9:00 a.m. Conference Dates: NCACC Legislative Goals Conference, Raleigh/Wake County, NC January 20-21, 2011 NACo Legislative Conference, Washington, D.C. March 5-9, 2011 NACo Annual Conference, Portland/Multnomah County, Oregon July 15-19, 2011 NCACC Annual Conference, Concord/Cabarrus County, NC August 18-21, 2011 Chamber Conference, Washington, D.C. September 12-13, 2011 (Tentative) I Exhibit Book.X)0(111 Page AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-079 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-079 be made to the annual budget ordinance for the fiscal year ending June 30,2011. i Section 1: Details of Budget Amendment: Fund: General Fund s Department: Sheriffs Office/Detention F i i Expenditure: Decrease Increase j Sheriff's Office/Detention: Supplies $92,930 Total $92,930 i Revenue: Decrease Increase Sheriff's Office/Detention: j Grant—State—Criminal Alien Assistance Program $92,930 Total -S-92-,930 k i } Section 2: Explanation To budget State Criminal Alien Assistance Program (SCAAP) grant award from the Bureau of Justice Assistance received by the Sheriff's Office/Detention for expenses incurred incarcerating undocumented criminal aliens. Section 3: Documentation of Adoption: r 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 11-079, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. OvNTY. Adopted,this��day of 2010. G O,P �(SEA O 9 y O r Jason hompson,Chairman •�'�ABLISHE � T: X \ Sheila L.Schult,Clerk to the Board Exhibit Book MXt I I Page 21 M M r'1 tD 00 f" : O mt . . � V1 V1 Rt O1 O0 O In N r�-I 00 O1 m V1 Ln m 00 w 00 v n M M O1 m O1 1l% 1�l M O lD I� ei Ln ri Ln 'O M M rl M Ln tD N N "q I�l 00 C N N N � O N ts N cn M C A w M Ln } L lD w Ln O ^ L N N LA O to Lr a M E Ln Ln c et U T-4 u V-1 le v N V tD V 00 Rt M DD 00 N N 00 cn 1� I� !C 1� Ln U V Ln er M 00 V et N M V1 V1 I 01 M ri N O M Ln Ln Ln tD ri L M M ri e-i �° tD L QL m M r'1 1� 00 O O M N Q1 N pip Q1 N 1� LI1 ` l0 lD 00 00 00 N N N 1 ri O N N N in V! 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LL M d (U C u M p u t O O C +1 O/ N � C 41 Lo C — C m m — r N L m u U p m u Cm C N C N C 4j ++ 00 N O ?C C C L y �' C :a 10 _ z LnQQFO- u30u° a LnQQ u30 low,I y 7. k Z 3 Exhibit Book x)W11 Page ��• �Q- AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-056 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-056 be made to the annual budget ordinance for the fiscal din ending June 30 2011. Y g Section 1: Details of Budget Amendment: Fund: General Fund Department: Social Services/Administration j Expenditure: Decrease Increase Social Services/Administration: Administrative Reserve $82283 i Total $829283 Revenue: Decrease Increase j Social Services/Administration: i DSS Admin 1571 Funds $82,283 Total $82,283 Section 2: Explanation To adjust the FYI budget for actual state and federal allocations received to offset various programs j administrative expenses.No additional County match is required. i 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 11-056, amending the annual budget ordinance for the fiscal year endin June 3\0,2011,is adopted. Adopted,this day of b VL ,2010. GOVNTY. V �Q• A�p� ti o y O ason R. hompson,Chairman ST: Sheila .Schuh,Clerk to the Board t i f t Exhibit Book XXXI!!Page-22 �b AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-067 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-067 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library Expenditure: Decrease Increase Library: Supplies $21146 i Total $--21-11-46 Revenue: Decrease Increase Library: Grant—Federal LSTA $21,146 Total $21,146 Section 2: Explanation The Library Science Technology Act(LSTA)grant will be used to replace 33 personal computers for public access between the Main Library and the Northeast Library locations.A match of$5,000 is required and will be paid from the Friends escrow account.No County funds are required for the match. 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 11-067, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. ,ONTY. dopted,this day of ,2010. co � �U O r- 3yZ •. I �2 t. Jason hompson,Chairman Sheila L. c•ult,Clerk to the Board i i i i Exhibit Ll Book MXH(Page C- I AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-071 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-071 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Social Services/Administration and Energy Assistance Expenditure: Decrease Increase Social Services/Energy Assistance: Assistance Payments $290,838 Total $290,838 Revenue: Decrease Increase Social Services/Administration: DSS Admin 1571 Funds $290,838 Total $290,838 Section 2: Explanation To budget an increase in State allocation for the Crisis Intervention Program (CIP) that provides energy assistance payments for low income households.There is no County match required. 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 11-071, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this��day of O ,2010. G0 } ' O ; O _r ��0 �2 Jason R.Thompson,Chairman •�'�ABLIS E �• C Shei cult,Clerk to the Board I i i Exhibit Book XXXIII Page 21. � AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-075 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-075 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Safe Kids Expenditure: Decrease Increase Health/Safe Kids: —Supplies $300 Total $300 Revenue: Decrease Increase Health/Safe Kids: Grant—Local—Safe Kids North Carolina $300 Total $300 Section 2:Explanation The Health Department received a $300 grant from Safe Kids North Carolina for Child Passenger Safety Week to promote proper car seat use and provide education to the community, including a free car seat check.Funds will be used to provide educational materials and supplies related to child passenger safety.No County matching funds are required. 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 11-075, amending the annual N et ordinance for the fiscal year ending June 30,2011,is adopted. Ov 'N dopted,this day of ,2010. O n O Oil �2 *JasonR Vchhairman, AT ST: Sheila L.Schult,Clerk to the Board i r f f E� I Exhibit Book M111 Page 2 AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-076 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-076 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department:Health/Men's Preventive Health Expenditure: Decrease Increase Health/Men's Preventive Health: Contract Services $10,000 Salaries and Wages 40,570 Printing 130 Postage Expense 500 Supplies 3,300 Employee Reimbursements 500 Total $55.000 Revenue: Decrease Increase Health/Men's Preventive Health: Grant—Local—Cape Fear Memorial Foundation $55,000 Total $559000 Section 2:Explanation The Health Department received $55,000 in grant funding from the Cape Fear Memorial Foundation to continue the Men's Preventive Health Program. These funds will maintain current staffing of a temporary nurse and support services hours; provide follow-up care for uninsured or underinsured men that have abnormal screenings for cardiovascular and stroke risks,diabetes or cancer.No new positions will be created and no County matching funds are required. Approval to apply for this grant funding was approved at the June 21,2010 Board of Commissioner's Meeting. 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 11-076, amending the annual budget ordinance for the f cal year ending June 30,2011,is adopted. OVr1TY. Adopted,this day of ,2010. O ) �y 9 O � O _ `y2 a2 .F� *on . n,Chairman A Shei a L.Schu t,Clerk to the Board i Exhibit Book)Y- Page ' AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-077 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-077 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Family Counseling Services Expenditure: Decrease Increase Health/Family Counseling Services: Salaries and Wages $2-1,495 Supplies 3,505 Employee Reimbursements 5,000 Total $30,000 Revenue: Decrease Increase Health/Family Counseling Services: Grant—Local—Cape Fear Memorial Foundation $30,000 Total $30,000 Section 2:Explanation The Health Department has received a grant award of$30,000 from the Cape Fear Memorial Foundation for continued funding of the Family Counseling Program. Funds will be used to support existing staff and program supplies and mileage reimbursement associated with intense home visitations. No new positions will be created and no County matching funds are required. The Board of Commissioners approved this grant application at their June 21,2010 meeting. 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 11-077, amending the annual budget ordinance for the fi:l year endi June 30,2011,is adopted. 3STY• opted,this I a day of ,2010. O O r- Thompki,Chairman Shei a L.9ehu lt,Clerk to the Board l I l i Exhibit Book xxxf II Page AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-078 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-078 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund: General Fund Department: Health/NC Asthma Program Expenditure: Decrease Increase Health/NC Asthma Program: Advertising $11,028 Printing 300 Supplies 922 Employee Reimbursements 250 Total $12,500 Revenue: Decrease Increase Health/NC Asthma Program: Grant—State—NC Enhancing Local Asthma Efforts $12,500 Total $129500 Section 2: Explanation The Health Department has received a grant award of$12,500 from the North Carolina Enhancing Local Asthma Efforts program. These funds will be used to continue promoting a public awareness campaign emphasizing the importance of people with asthma receiving the flu vaccine, implementing air quality flag initiatives,and educating day-care centers about asthma.No County matching funds are required. 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 11-078, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. uNTY. Adopted,this _day of V ,2010. vo O ) P 3yZ �2 S J oThompso_n,Chairman C Shei a L. cut,Clerk to the Board I I I i Exhibit Book-)(Y/1) Page AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-080 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-080 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Social Services/Administration and Adult Day Care Services Expenditure: Decrease Increase Social Services/Adult Day Care Services: Day Care Services $8,572 Total $8,572 Revenue: Decrease Increase Social Services/Administration: DSS Admin 1571 Funds $7,500 Governing Body/Appropriated Fund Balance: Appropriated Fund Balance $1,072 Total $8,572 Section 2: Explanation To budget a $7,500 reduction to the State allocation received for Adult Day Care Services and a $1,072 reduction in required matching County funds.Prior to actions taken at this Board of County Commissioners meeting,the Appropriated Fund balance is$2,595,918. i 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 11-080, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. 0\)tATY,IV Adopted,this day of 12010. O E''� 9 � f ti I Jason .Thompson,Chairman rt i Shei a L.Schul,Cle-rk to the-Board- i I I R I I I Exhibit Book UX111 Page AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-081 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-081 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Social Services/Administration and TANF Employment Programs Expenditure: Decrease Increase Social Services/TANF Employment Programs: Work Function Assessment $14,100 Total $14100 Revenue: Decrease Increase Social Services/Administration: DSS Admin 1571 Funds $14,100 Total $14,100 Section 2:Explanation To adjust the budget for a reduction to revenues and expenses where the State rescinded funding for Temporary Assistance for Needy Families(TANF)work function assessments. I 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 11-081, amending the annual budget ordinance for the flspal year ending �June 30,2011,is adopted. GDU N Ty, Adopted,this day of V '2010. O EAL 9 A � O 2 a? •�. Jon on,Charman IsLis ST: She cut,Clerk to th a oar I I I I i i i Exhibit Book xx Pace 2,.�: .� AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS t AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT I1-082 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-082 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Y Section 1:Details of Budget Amendment: Fund: General Fund Department:Emergency Management&911 Communications Expenditure: Decrease Increase Tropical Storm Nicole: Salaries $73,000 Supplies 2,000 Total $75,000 Revenue: Decrease Increase Contingencies: Contingencies $75,000 Total $75,000 Section 2:Explanation Move funds from Contingencies to cover estimated costs incurred during Tropical Storm Nicole. Remaining balance in contingencies after this budget amendment will be $401,218. If the County is reimbursed for storm-related expenses,funds will be returned to Contingency account. 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 11-082, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this 18th day of October,2010. G0X tATY•N" (S L) e � O ti 4JasonVon, irman SLIM I I i Sheila L.Schult,Clerk to the Board I f i I 4 Exhibit Book XLLL Page 2 �C AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-084 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-084 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Community Oriented Policing Expenditure: Decrease Increase' Sheriff's Office/Community Oriented Policing: Salaries and Wages $306,240 Social Security Taxes 23,424 Retirement—Local Government 14,120 Retirement—401K 15,312 E Medical Insurance Expense 64,104 g —Long Term Disability Insurance 672 Total $423.872 Revenue: Decrease Increase Sheriff's Office/Community Oriented Policing: Grant—Federal—Department of Justice $423,872 Total $423,872 Section 2: Explanation EE To budget funds received from the Office of Community Oriented Policing Services/COPS Hiring Recovery Program for the salaries and benefits of eight full-time sworn officer positions to address the sworn officer personnel needs of state, local and tribal law enforcement. This grant will provide 100% funding for approved entry-level salaries and benefits for three years. Grantees must retain all sworn officer positions Iawarded under the COPS Hiring Recovery Program for a period of one year following the conclusion of E grant funding.The total grant award was$1,339,192.This budget amendment will budget funds for year one (beginning 10/l/10)of the three-year grant. I Grant application and approval of grant was approved by Commissioners at the April 6, 2009 j Commissioners meeting.No County match required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. I NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina, that the Ordinance for Budget Amendment 11-084, amending the annual budget ordinance for the fisq\ ll year ending June 30,2011,is adopted. �C; NTY. O opted,this \day of 2010. Z a o Fgeu oCi� Jason .Thompson,Chairman T: Shei a L.Schult,Clerk to the Board 'i Exhibit Book 1M110age - • -l AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011-19 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011-19 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1:Details of Budget Amendment: Fund: Smith Creek Park Department:Finance Expenditure: Decrease Increase Capital Project Expense-Utilities $15,000 Transfer to Capital Project $15,000 Total $15,000 $15,000 Fund: Parks and Recreation Bonds Department: Finance I i Expenditure: Decrease Increase Capital Project Expense—Northern Reg Park $15,000 Total S-1-5,000 Revenue: Decrease Increase Transfers in from Capital Project $15,000 Total $15 000 Section 2: Explanation In September 2009, $15,000 of the Park Bonds funds were to be used for underground utilities at Smith Creek Park. Park Bonds funds were not needed; therefore, the $15,000 unexpended Park Bonds funds are being transferred back to the Parks and Recreation Bonds Fund. 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 ver County, North Carolina, that the Ordinance for Budget Amendment 2011-19, amending the OvslnTitfal O�get ordinance fbAthe fiscal year ending June 30,2011,is adopted. ted,this day of O ,2010. O O •FSP4 LISHE0���• Jaso R.ThorWson,Chairman ATTEST: Shei a L. chult,Clerk to the Board i i I I I Exhibit Book XI►I Page rv� AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011-20 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011-20 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property i Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property: Supplies $9,554 Total $99554 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $9,554 Total $9,554 Section 2:Explanation To budget September 13, 2010 receipts from GovDeals auction. 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 2011-20,amending the annual budget ordinance for the fis!c�al year ending June 30,2011,is adopted. O Adopted,this day of 2010. G �R.ITY.NO t O 3 � ti 4Jasonmpson,Chairman Shei a L.9chult,Clerk to_ffie-116iRf I i Exhibit Book XXXII Page : AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-088 i BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-088 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund j Department: Finance/Contingencies Expenditure: Decrease Increase Finance/Contingencies: Contingencies $25,000 Total $25,000 I Revenue: Decrease Increase Finance/Nonde artmental: Commissioning of USS Gravel DDG 107 $25,000 Total $25,000 Section 2: Explanation To transfer funds from Contingencies for New Hanover County's contribution for the commissioning of the Guided Missile Destroyer USS Gravely on November 20,2010. 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 11-088, amending the annual budget ordinance for the fiscal year ending June 30,2011,is adopted. Adopted,this day of jLA 2010. vNTY. G� O O - O Jason .Thomp n,Chairman Sheila L.Sc ult,Clerk to the Board oONTY.N 4 1 0 A NEW HANOVER COUNTY BOARD OF COMMISSIONERS p 230 GOVERNMENT CENTER DRIVE,SUITE 175 .WILMINGTON, NC 28403 (910)798-7149•(910)798-7145 FAX•WWW•NHCGOV.COM 0 3 va 'L Jason R.Thompson,Chairman•Jonathan Barfield,Jr.,Vice-Chairman Robert G.Greer,Commissioner•William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner •� �Bus NEO� Sheila L.Schutt,Clerk to the Board Exhibit Book XXXIII Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING HOUSE SPEAKER JOE HACKNEY TO REVERSE BAN ON SECTARIAN PRAYERS WHEREAS, North Carolina State House Speaker Joe Hackney banned the use of sectarian prayers by volunteer ministers during the opening prayers for the North Carolina House of Representatives; and WHEREAS, a volunteer minister presenting the opening prayer in the 2010 North Carolina House of Representatives was relieved of his duties due to praying "In Jesus Name;" and WHEREAS, ministers speaking before the North Carolina House of Representatives should be allowed to offer sectarian prayers according to his/her conscience. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners calls on House Speaker Joe Hackney to reverse the ban on sectarian prayers in the North Carolina House of Representatives. BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners urges all other counties in North Carolina to join in this request to Speaker Hackney. ADOPTED this the 18th day of October, 2010. W HA O E COUNTY vNTY. 9 Jaso R. Thompson, Chairman o TEST: Sheila L. Schult, Clerk to the Board i i i Exhibit Book XXX II 1 Page RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS IN AN AMOUNT NOT TO EXCEED $100,000,000 AND ADDRESSING CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") has determined that it is advisable to provide for the current refunding of all of the County's outstanding Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 1999 (the "Series 1999 Bonds") to generate debt service savings; WHEREAS, the Series 1999 Bonds were issued to finance certain health care purposes, all as described in the County's Official Statement related to the Series 1999 Bonds; WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the County to apply to the Local Government Commission of North Carolina for its approval of the issuance of hospital revenue refunding bonds in an amount not to exceed $100,000,000 (the "Series 2010 Bonds"), the proceeds of which will be used to (a) refund the outstanding Series 1999 Bonds and (b) pay the costs incurred in connection with the issuance of the Series 2010 Bonds, and to take all other action necessary in connection therewith; and WHEREAS, the Board desires to retain RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters, Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters' counsel, 'and U.S. Bank National Association, as trustee. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County, as follows: Section 1. That the County Manager, the Finance Director and the County Attorney of the County are hereby authorized, directed and designated to file an application with the Local Government Commission for its approval of the issuance by the County of the Series 2010 Bonds. Section 2. That the Board finds and determines and asks that the Local Government Commission find and determine from the County's application and supporting documentation: (a) That the issuance of the Series 2010 Bonds is necessary and expedient; (b) That the amount of the Series 2010 Bonds will be sufficient but is not excessive for the refunding of the Series 1999 Bonds; (c) That the refunding of the Series 1999 Bonds and the issuance of the Series 2010 Bonds are feasible; (d) That the County's debt management procedures and policies are good; and (e) That the Series 2010 Bonds can be marketed at a reasonable interest cost to the County. Section 3. That 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 Series 2010 Bonds. Section 4. That RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters, Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters' counsel, and U.S. Bank National Association, as trustee, shall be retained. Section 5. That the Local Government Commission is hereby requested to sell the Series 2010 Bonds with a fixed interest rate at private sale without advertisement to any purchaser or purchasers thereof, at such prices as which the Local Government Commission and the Board determine to be in the County's best interest in accordance with the provisions of Section 159-123(b) of the General Statutes of North Carolina, as amended. Section 6. That a Preliminary Official Statement related to the Series 2010 Bonds is hereby authorized to be distributed in connection with the offering of the Series 2010 Bonds. Section 7. That this Resolution shall become effective on the date of its adoption. This the 18th day of October 2010. N HANOVE OUNTY o' n o Jason . Thompson, Chairman T: •F'�d8115N Sheila L. Schult, Clerk to the Board Exhibit Book �c) XI 11 Page at, d RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE FINANCING OF CAPITAL IMPROVEMENTS AND RENOVATIONS TO SCHOOL FACILITIES; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County) as follows: ESection 1. The Board does hereby find and determine as follows: t (a) There exists in the County a need to maintain and enhance the County's public school and certain administrative school facilities to enable the County to perform its public function, through renovation and equipping of School Facilities. (the "Project"). (b) In order to pay the costs of the Project and to pay certain other costs associated with the Project, the Board of Commissioners has determined to enter into an Installment Financing agreement, to be dated as of the date of delivery thereof(the "Agreement"), between j the County and Bank of America, NA. (the `Bank"), and a Deed of Trust, to be dated as of the j date of delivery thereof (the "Deed of Trust"), from the County to the Deed of Trust trustee named therein for the benefit of the Bank. Pursuant to the Agreement, the Bank will advance to the County amounts sufficient to pay the cost of financing the Project, and the County will repay the advancement in installments, with interest (the "Installment Payment"). (c) There has been presented to the Board at this meeting drafts of the Agreement and the Deed of Trust. (d) It is in the best interest of the County to enter into the Agreement in that such plan of finance will result in providing financing for the Project in an efficient and cost effective manner. (e) Entering into the Agreement is preferable to a general obligation bond and revenue bond issue in that (1) the County does not have sufficient constitutional authority to issue non voted general obligations bonds pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a sufficient amount of debt in the preceding fiscal year to issue a sufficient amount of general obligation bonds for the financing without an election; (2)the nature of the Project is such that they are not a"revenue bond project"within the meaning of The State and Local Government Revenue Bond Act; (3) the cost of the Project exceeds the amount to be prudently provided from currently available appropriations and unappropriated fund balances; (4) the circumstances existing require that funds be available to commence construction of the Project as soon as practicable and time required for holding an election for the issuance of voted general obligation bonds pursuant to Article V, Section 4 of the 6 North Carolina Constitution and The Local Government Bond Act would delay the commencement of construction of the Project by several months; and (5) there can be no assurances that the issuance of general obligation bonds to finance the Project would be approved by the voters and the necessity of the Project dictates that the Project be financed by a method that assures that the Project will be constructed in an expedient manner. (f) Based upon information provided by the Board of Commissioners,the costs of the financing described above is reasonably comparable to the costs associated with other alternative means of financing and is acceptable to the Board of Commissioners. (g) The County Attorney will render an opinion to the effect that the proposed undertaking as described above is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and the laws of the State of North Carolina. (h) The debt management polices of the County have been carried out in strict compliance with law, and the County is not in default under any obligation for repayment of borrowed money. (i) No tax rate increase is anticipated to be necessary to pay the Installment Payments. 0) The Agreement will constitute a taxable qualified school construction bond and be treated as a direct payment Build America bond. Section 2. The board requests the Local Government Commission to approve the Agreement and the proposed financing in connection therewith. Section 3. In order to provide for the financing, the County is hereby authorized to enter into the Agreement to receive an advancement in installments pursuant thereto in a principal amount not to exceed $4,925,744. The County shall repay the advancement in installments due in the amounts and times set forth in the Agreement. The payment of Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 4. The Board hereby approves the forms of this Agreement and the Deed of Trust in substantially the forms presented at this meeting. The Chairman of the Board and the County Manager are each hereby authorized to execute and deliver on behalf of the County each of said documents in substantially the form presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of such changes. The Clerk to the Board or any Assistant of Deputy Clerk to the Board is hereby authorized to affix the official seal of the County to each of the said documents and to attest the same to the extent required. Section 5. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Agreement, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement. ff Y I Section 6. The County hereby irrevocably elects to have Section 54F and Section 6431(f) of the Internal Revenue code of 1986> as amended to apply to the Agreements. Section 7. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board, and any other officers, agents and employees of the County are hereby authorized and directed to deliver such certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 8. This resolution shall take effect immediately upon its passage. This the 18th day of October 2010. N H O CO i (SE 0 oJason . Tho son, Chairman o ` T ST: Ep \3 A"a SST"g`"N Sheila L. Schult, Clerk to the Board Exhibit Book !► Pa 9 e AGENDA: October 18,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-089 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-089 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department:Emergency Management&911 Communications/Tropical Storms Expenditure: Decrease Increase Emergency Management and 911 Communications / Tropical Storm Nicole: Contract Services $650,000 Total $650,000 Revenue: Decrease Increase Governing Body/Appropriated Fund Balance: Appropriated Fund Balance $650,000 Total $650,000 Section 2:Explanation Move funds from Appropriated Fund balance to cover estimated costs incurred due to Tropical Storm Nicole for pumping and hauling leachate at the Landfill. Prior to actions taken at this Board of County Commissioners meeting, the Appropriated Fund balance is $2,595,918. If the County is reimbursed for storm-related expenses,funds will be returned to fund balance. 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 11-089, amending the annual budget ordinance for.the fiscal year ending June 30,2011,is adopted. Adopted,this 18th day of October,2010. GouN Tv. � OAL) S � 9 O Jason .Thompson,Chairman '�eiisnco`� Shei a L. Schult,Clerk to the Board