2013-04-22 RM Exhibits Exht
Book ,��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 AND 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 (a) provide for the current refunding of all
of the County's outstanding Variable to Hospital Revenue Refunding Bonds (New Hanover Regional
Medical Center) Series 2005A-1, Series 2005A-2, Series 200513-1 and Series 200511-2 (collectively, the
"Refunded Bonds")to generate debt service savings and to fix the interest rates related thereto,(b)finance
certain termination payments in connection with interest to hedging agreements entered into by the New
Hanover Regional Medical Center (the "Corporation") relating to the Refunded Bonds (collectively, the
"Swaps")and(c)pay certain costs of issuance;
WHEREAS, the Refunded Bonds were issued to refund previous bond issues the proceeds of
which were used to finance capital improvements to the health care facilities occupied by the Corporation,
all such capital projects being referTed to herein as the"Projects;"
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 its hospital revenue refunding bonds (the "Refunding Bonds") to refund the
Refunded Bonds and refinance the Projects and t o t ake all other action necessary in connection therewith;
WHEREAS, the Board desires to retain RBC Capital Markets, LLC and Merrill Lynch, Pierce,
Fenner& Smith Incorporated, as co-senior managing underwriters; Parker Poe Adams &Bernstein LLP,
as bond counsel; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to the
Corporation; Womble Carlyle Sandridge& Rice, LLP, as underwriters' counsel; and U.S. Bank National
Association,as trustee.
No w, THEREFoRE BE IT RE vED by the Board, as follows:
Section 1. That the County Manager, the Finance Director and the County Attorney of the
County (together with any officers of the Corporation) are hereby authorized and directed to file an
application with the Local Government Commission for its approval of the issuance by the County of the
Refunding 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 Refunding Bonds is necessary and expedient;
(b) That amount of the Refunding Bonds will be sufficient but is not excessive for
the refinancing of capital costs related to the Projects;
(c) That the refi nancing of capital costs related to the Projects and the issuance of the
Refunding Bonds are feasible;
(d) That the County's debt management procedures and policies are good;and
PP AB 2072838vl
(e) That the Refunding 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 Refunding Bonds, including providing notice to redsem
the Refunded Bonds.
Section 4. To the extent necessary and expedient for the County to do so,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 am end,modify, assign,
novate,transfer,or terminate one or more of the Swaps or portions thereof
Section 5. That RBC Capital Markets, LLC and Merrill Lynch, Pierce, Fenner & Smith
Incorporated, as co-senior managing underwriters; Parker Poe Adams&Bernstein LLP, as bond counsel;
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to the Corporation; Womble
Carlyle Sandridge&Rice,LLP, as underwriters' counsel; and U.S.Bank National Association,as trustee,
shall be retained.
Section 6. That the Local Government Commission is hereby requested to sell the
Refimding Bonds at private sale without advertisement to any purchaser or purchasers thereof, at such
prices as 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 No Carolina, as
amended.
Section 7. That this Resolution shall become effective on the to of its adoption.
This the 22nd day of April 2013.
NEW HANOV R CO Y
OJATY-
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0
Woody its airman
12
ATTES T•
r
Sheila L. Schult, Cl 135"Tie' Board
PP AB 2072838v1 2
Exhibit
Page Book XYZE1 page
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rNEW HANOVER COUNTY BOARD OF COMMISSIONERS
SPEECH AND LANGUAGE DAY FOR THE RITECARES CLINICS
OF THE SCOTTISH RITE MASONS
FORTHE
VALLEY OF WILMINGTON,NORTH CAROLINA
PROCLAMATION
WHEREAS, the Scottish Rite Foundation supports philanthropic endeavors, micluding the
RiteCareg Childhood Language Program; and
WHEREAS, the PiteCareg Childhood Language Program helps children with speech and
language disorders and there are 178 RiteCareg clinics, centers, and special programs
operating or planned for children and therapists located throughout the United States; and
WHEREAS, since 1972, the Scottish Rite Masonic Foundation funds and supports two
RiteCare@ language learning disabilities and dyslexia clinics in Greenville and Boone, North
Carolina; and
WHEREAS,on Wednesday,April 24,2013 from 11 until 7PM the Scottish to Masons
of Wilmington, North Carolina will hold its Annual "Fish Fry" fundraiser in support of the
RiteCareg clinics located in No Carolina.
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that Wednesday, April 24, 2013 be known as Speech and Language Day for
the RiteCareg clinics of the Scottish Rite Masons for the Valley of Wilmington, Orient of
North Carolina and asks the New over County community to show their support on this
day.
I ,d
ADOPTED this the 22 day of April,2013.
=WO R WCIDUNTY
Woody WhitekCh an
ATTEST:
Sheila L. Schuh,Clerk to e Board
Exhibit
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Exhibit
AGENDA: April 22,2013 Book�X�Vl Page lelcL
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 188
BE IT ORDAINED by the Board of County Commissioners of New over County,No Carolina,that
the following Budget Amendment 13-188 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Detafls of BudRet Amendment
Strategic Focus Area: Strong Financial Peiformance
Strategic Objective(s): Control costs and manage the budget
Fund:General
Department:Tax/Reappraisal Reserve Fund
Exnenditure: Decrease Increase
Tax $125,000 -------------Mr,..RON-m-
Reappraisal Reserve d $125,000
Total $125000 $125,000
®Reappraisal Reserve
Department 11 Draisal Reserve Fund
IT, dfture: Decrea Incre aMej e
........................ ....... _
Wsal Reserve Fund $125,000
Total $0 $125,000
Fund:Reappraisal Reserve
DepartnnenpLt:Rea
l
Revenue: "raisa Reserve Fund Decrease Increase
F—R-e---appraisal Reserve Fund $125,000
Total $0 $125,000
Section 2: Explanation
To transfer funds from the General Fund to the Reappraisal Fund.Funds were approved in the General Fund in
FY12-13.This budget amendment is to set up the actual transfer to the Reappraisal Fund.Counties are
required toe lisb reappraisal reserve funds to accumulate money with which to finance the co 's next
real property revaluation.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,TBEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordimmce for Budget Amendment 13-188,amen annual budget
ordinance for the fiscal year ending June 309 2013,is adopted.
'0't4ly•JV
0 this 22nd day of April,2013.
7X- Woody White,Chai an
lerk to the Board
Exhibit
AGENDA: April 22,2013 Book)Q�U Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 193
BE IT ORDAINED by the Board of County Commissioners of New over County,North Carolina,that
the following Budget Amendment 13-193 be made to the annual budget ordinance for the fiscal year ending
e3 ,2 13.
Section 1: Details of Budget Amendment
Strategic Focus Area: .Superior public Health,Safety and Education
Strategic Objective(s): Increase public safety crime prevention
Fund:General
Department:Sheriffs Office/Contingencies
E enditure: Decrease Increase
Sheriffs Office
- M25,000
Education $224,290
Contingencies $224,290
Total $448, jr =!M1=00=0====j
Reve nue: D
Shefiff s Office mecrease Inc
Finance 1211,499
Total
so $76,420
Fund:New Hanover
'no
"a
tEgnditure: Increase
_ I t
Contribution-C
Total $0
Levenue, Decrease Increase
Transfers in General Fund
Total E24,290
Section 2: Explanation
To budget the additional cost of providing security to New Hanover County Schools for the second half of
fiscal year 2013 is$525,000.On January 7,2013,the Board of County Commissioners approved using up to
$354,909 for this purpose.The ABC Board contributed 7,921°Wrightsville each contributed$28,499.'fhe
Board of Education and the County split the remaining cost of$448,580.The budget amendment reduces the
contribution to the Board of Education by$224,290,and transfers$224,290 from Contingencies.The changes
in the Schools Fund are to account for the decreased contribution to the Schools of$224,290.
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 Bu'et fAmendment 13-193,ame the amraal budget
ce for the fiscal year ending June 30,2013,i adopted.
0,
C; d,this 22nd day of April,2013.
AL)
0
W Woo YW t
oody White, an
chult,Clerk to the Board
["x,t"g ib it
AGENDA: April 22,2013 Book imvl Page-6 .14 c�
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 64
BE IT ORDAINED by the Board of County Commissioners of New over County,North Carolina,
that the following Budget Amendment 2013-64 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Innovate programs to protect the environment
Fund: General Fund
Department:Finance
EX13enditure: Decrease Increase
-----------
Transfer to Capital Project $17,815
Total so S17
Revenue: Decre"ase Increase
15
Fund Balance $17
I 7,815
815
Tota so V1qQ
t$17
Fund: Mason Inlet Relocation
De artment:Fluance
"m
e-
�itur *
Ex- ndfture: Deer se Incr
7Capital Project Expense $17,815
Total $0 11 $17,815
Levenue:
Decrease Increase
Transfer in from General Fund $17,815
01
Total $0 S17 915
Section 2: Explanation
This budget amendment authorizes a transfer from the General Fund to the Mason Inlet Relocation Fund in
the amount of$17,815.The General Fund owes$17,815 to the Mason Inlet Relocation Fund for ifs 50%
share of the bird monitoring contract expenses paid to National Audubon.Prior to actions taken at this
Board of County Commissioners meeting,the Appropriated Fund balance is$10,669,765.
Section 3: Documentation of Adoption
This ordinance all be eff-ective 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 2013® , the annual budget
ordinance for the fiscal year ending June 30, 013,is adopted.
this 22nd day of April,2013. T Z-64, g
0
S
0
3� Woody White,Chairman
Clerk to the Board
Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS.
30"'ANNUAL NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION
WHEREAS, in the United States:
• Travel to and within the United States supports millions of American jobs and contributes
more than$124 billion in tax revenues.
• The travel industry is one of the country's largest employers, providing 7.7 million direct
travel-generated jobs.
0 Travel and Tourism benefits businesses and serves as a catalyst that moves the economy
forward.
0 Last year, spending by domestic and international visitors in the U.S. averaged $2.2 billion a
day; and
WHEREAS, in North Carolina:
• Travel and Tourism is on the state's fastest growing industries.
• Domestic travelers spent a record$18 billion in North Carolina in 2011 and
WHEREAS, in New Hanover County:
• Travel and Tourism is an important economic generator that infuses millions of new dollars
into our local economy each year, thereby benefiting all citizens by making New Hanover
County a better place to live,work and visit.
• In 2011, the economic impact of Tourism was estimated at $425.84 million, ranking New
Hanover County as#9 among North Carolina's 100 counties in tourism expenditures,
According to the North Carolina Department of Commerce's Division of Tourism, Film and
Sports Development, Travel and Tourism provides jobs. In 2012 the local travel industry
provided more than 5,100 jobs and supported a payroll of$94.44 million.
Travel and Tourism generated approximately $39.18 million in state and local tax receipts,
representing a$190.02 tax saving t o e ach county resident.
Travel supports small businesses that depend upon visitor spending; these businesses
represent any economic sectors, including: hospitality, retail, food service, sports, arts and
entertainment, and transportation,ton e only a few.
NOW, THEREFORE, BE IT PROCLAIMED by -the New Hanover County Board of
Commissioners that May 4-12, 2013 be recognized as "Travel and Tourism Week" in New Hanover
County.
ADOPTED this the 22 day of April, 2013.
MO (C UNT
Woody White, Ch;firman
ATTEST:
..............
Sheila L N Schult, Clerk to the Board
0
NN1 31,,
NEW HANO COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN SUPPORT OF THE
NORTH CAROLINA FILM AND TELEVISION INDUSTx ibtt
Book Page JaJ/P.
WHEREAS, North Carolina seeks and wishes to attract clean, knowledge-based industries that position
the state well for 21"century job expansion; and
WHEREAS, the Film and Television Industry has been an important clean industry in No Carolina for
over 30 years and has contributed to jobs and increased economic activity in over fifty North Carolina
counties; and
WHEREAS,over 4,000 families depend on this industry for well-paying jobs and the industry workforce
has multiplied in each of the last three years; and
WHEREAS, this industry will provide more highly skilled jobs and opportunities in the future and
contribute significantly to workforce earnings potential; and
WHEREAS, our skilled crew base, well-trained talent, excellent facilities, and diverse scenery make
New Hanover County and North Carolina excellent places to film; and
WHEREAS, every level of public education trains technical employees for this industry and post-
secondary job placement in the industry is very strong; and
WHEREAS, film over the last five years has exceeded one billion dollars in gross domestic product for
the state; and
WHEREAS, the current North Carolina tax structure encourages productions from around the world to
econormcally produce movies and television series in our state; and
WHEREAS, films and TV series produced in North Carolina attract destination tourism to filming
locations,contributing to the state's travel economy.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners,
does hereby support the North Carolina Film and Television Industry and the current state tax policy that
has caused this industry to grow; and
FURTHERMORE, calls upon our representatives in the North Carolina General Assembly to continue
support of this important industry.
ADOPTED,this the 22 nd day of April,2013.
0 R OUN y
Woody White,C
L
Sheila L. Schult,Clerk to the Board
ge
Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION
WHEREAS, emergencies t h a t require police, fire, o r e mergency medical services can occur at
anytime; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers,
firefighters, and paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our emergency personnel is dependent upon the quality and
accuracy of information obtained from citizens who telephone the New over County Public
Safety Communications Center; and
WHEREAS, public safety telecommunicators are the first and most critical contact our
citizens have with emergency services; and
WHEREAS, public safety telecommunicators are a vital link fora law enforcement officers
and firefighters by monitoring their activities by radio, providing them information, and
insuring their safety; and
WHEREAS, public safety telecommunicators have contributed substantially to the
apprehension of criminals, suppression of fires, and treatment of patients; and
WHEREAS, each telecommunicator has exhibited compassion, understanding, and
professionalism during the performance of their job in the past year; and
WHEREAS,the first emergency 9-1-1 call in New over County was made in May 1982.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board
of Commissioners that the week of April 22-28, 2013 be recognized as 'Tublic Safety
Telecommunicators Week" in New over County, in honor of the men and women whose
diligence and professionalism keep our county and its citizens safe.
ADOPTED this the 22nd day of April, 2013.
V Col
Woody White, Ch an
ATTEST:
Sheila L. Schutt, Clerk to the Board
E I h' 5b
x ��VlPage�q�a
Book
AGENDA: April 22,2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 3-
IT ORDAINED by the Board of County Commissioners of New over County,North Carolina,that
the following Budget Amendment 13-198 be made to the annual budget ordinance for the fiscal year ending
June 3 ,2013°
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Build/maintain infrastructure
Understand/act on citizen needs
Fund.General
Department:Education/Cape Fear Community College(CFCQ
EUSlLit,upr. Decrease Increase
Contribution to Ca e FL Co ' Co11e e �
Total so $647,781
Revenue: �� Decr ease &crease
Appropriated Fund Balance $647,781
Total so
Section 2: Explanation
o` cre e the FY12-13 contribution to Cape Fear Community College(CFCC)in the amount of$647,781
for of dew eradication($600,000)and replacement of of water boilers($47,78 1)in the McLeod
Building.Prior to actions taken at this Board of County Commissioners meeting,the Appropriated Fund
balance is$10,669,765.
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 over
County,North Carolina,that the Ordinance for Budget Amendment 13-198,amending the annual budget
ordinance for the fiscal year ending June 30,2013, adopted.
Adopted,this 22nd day of April,2013.
F-1
0
Woody White,Ch
Sheila L.Schult,Clerk to the Board
Exhibit
Book Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AUTHORIZING A CONTRACT FOR CONSULTING SERVICES FOR
DEVELOPMENT OF A COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
WHEREAS, after due advertisement, proposals were received and recorded by the Environmental
Management Department at 2:00 p.m. on the 6`h day of March, 2013, at the administrative offices of the
Department of Environmental Management, 3002 U.S. Highway 421 North, Wilmington,North Carolina,
and the following companies submitted proposals for the provision of consulting services for the
development of a Comprehensive Solid Waste Management Plan:
SC S Engineers,P.C. HDR Engineering Inc.
CDM Smith,Inc. Barton&Lagouidice,P.C.
Kessler Consulting, hic.
9, Resource Recycling Systems, and
WHEREAS, the proposals were evaluated and rated according to the criteria as established in the RFP
and the list narrowed to two firms; and
WHEREAS,HDR Engineering Inc. and CDM Smith Inc.were further evaluated; and
WHEREAS, following the evaluations and based upon review scores,negotiated price,reference checks,
national rankings, industry knowledge, and proposed approach to the work required, the evaluation team
agrees and recommends that a contract for consulting services be awarded to CDM Smith, Inc., for the
development of a Comprehensive Solid Waste Management Plan; and
WHEREAS, funds in the amount of$131,000 are available in the Environmental Management Enterprise
Fund for the full cost of these services.
NOW, THEREFORE, BE IT RESOLVED, that the New over County Board of Commissioners
hereby authorizes the award of consulting services for the New Hanover County Environmental
Management Department to CDM Smith, Inc., and that the County is hereby authorized and directed to
execute a contract,the form of which shall be approved by the County Attorney.
ADOPTED this the 22,d day of April,2013.
!Woody C,OSTY C 0 White, Ch 0i AITEST:
BLISHE
She 4akx�ch`ult, Clerk to the 13oard
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit
RESOLUTION B006)UL1 Page4941J)cL
CENSURING COMMISSIONER BRIAN BERGER
WHEREAS,the New Hanover County Board of Commissioners,as public officials,are charged with upholding the trust of the
citizens of this County, and on December 6, 2010, Commissioner Brian Berger took an oath to support and maintain the
Constitution and the laws of the United States and the Constitution and laws of North Carolina and to faithfully discharge the
duties of the Office of Commissioner-,and
WHEREAS, on December 6, 2010, the New Hanover County Board of Commissioners unanimously adopted the New
Hanover County Board of Commissioners Code ofEthics;and
WHEREAS,according to die New Hanover County Board of Commissioners Code of Ethics,Board members should act with
integrity as they exercise the functions of their offices, including but not limited to: 1)behaving consistently and with respect
towards everyone with who they interact; 2) exhibit trustworthiness; 3) live as if they are on duty as elected officials
regardless of where they are or what they are doing;4)use their best independent judgment top ue the comm n good;and 5)
recognize that they may not act on behalf of the Board unless specifically authorized to do so;and
WHEREAS, according to the New Hanover County Board of Commissioners Code of Ethics Board members should
faithfully attend meetings and it has been documented that Commissioner Brian Berger,on a consistent basis,has been tardy to
regularly scheduled meetings of the Board and has accrued twelve unexcused absences from December 6, 2010 to April 8,
2013; and
WHEREAS, Commissioner Brian Berger, in response to incidences on June 10, 2011, June 14, 2011, August 30, 2011,
September 8, 2011,November 23, 2011, January 27, 2012, December 18, 2012, and January 16, 2013 has incurred repeated
criminal charges pertaining to disturbances, court order compliance, and driving while intoxicated, thereby creating serious
distractions to conducting public business;and
WHEREAS, Commissioner Brian Berger has, out any supporting evidence, repeatedly made completely unfounded and
totally groundless defamatory statements against County officials, citizens, and staff in person,printed correspondence, emails
and text messages;and
WHEREAS, Commissioner Brian Berger has failed to fWly repay monies owed to the County according to the travel policy
resolution unanimously adopted by the Board on June 18,2012;and
WHEREAS, on September 7, 2011, the New Hanover County Board of County Commissioners formally requested
Commissioner Brian Berger to resign stating that it will be in the best interest of the County and its citizens, and he declined to
do so;and
WHEREAS, on March 23, 2013,the New Hanover County Republican Party adopted a resolution"censuring and repudiating
the actions of Brian Berger"and called"for his immediate resignation as a member of the County Commissioners."
NOW,THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that Commissioner Brian
Berger be, and is hereby, CENSURED in the strongest terms for his repeated inappropriate conduct. The Board fully
recognizes the gravity of its action,but is compelled to act to address unacceptable conduct impinging upon the integrity,trust
and respect for local government.
ADOPTED this the 22"d day of April,2013.
NE OUNTY
0�3NTY.
Woody White, airm
ATTEST:
Sheila L. Schuh,Clerk to the Board
Exhibit
Book )(XW1 Page6dQb
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ADOPTING AMOTION HEARING RULES AND PROCEDURES
AND
ISSUING PETITION AND SETTING AN AMOTION HEARING
REGARDING COMMISSIONER BRIAN BERGER
WHEREAS, the New over County Board of Commissioners, as public officials, are charged
with upholding the trust of the citizens of this County, and on December 6, 2010, Commissioner
Brian Berger took an oath to support and maintain the Constitution and the laws oft e United States
and the Constitution and laws of North Carolina and to faithfully discharge the duties of the Office of
Commissioner; and
WHEREAS, the Board of County Commissioners has determined that for purposes of
accountability, consistent with applicable laws, Code of Ethics, public trust and duties, that an
Amotion Hearing be scheduled to determine whether Commissioner Brian Berger is to retain his
office; and
WHEREAS, the Board of County Commissioners desires to establish and adopt Amotion Hearing
Rules and Procedures to provide and conduct a proceeding that is fair in form, appearance, and
substance; and
WHEREAS, the Board of County Commissioners desires that a Petition in Amotion to Remove
Brian Berger from the New over County Board of Commissioners, together with a Notice of
Heating,be issued and served upon said respondent Board Member.
NOW, THEREFORE, BE IT RESOLVED, that the proposed Amotion Hearing Rules and
Procedures be and are established and adopted, that a Petition in Arnotion to Remove Brian Berger
from the New over County Board of County Commissioners be and is authorized, and that said
Petition with a Notice of Hearing be duly issued and served upon Brian Berger.
ADOPTED this the 22d day of April,2013.
N W COUN
STY.
0 §
A
Woody Wliite, TTi an
ATTEST-
rA %I
Sheila L. Schult, Clerk to the Board
Exhibit
REVISED Book A&VIL Page —10C—
BOARD OF COUNTY COMMISSIONERS
AMOTION HEARING RULES AND PROCEDURE
It is the of of the Board to provide and conduct an Arnotion hearing that is fair in form,
appearance, and substance. This hearing is scheduled for May 20, 2013 immediately following
the regularly scheduled Board of County Commissioners meeting.
The Board shall make findings of fact and conclusion based on law upon the evidence submitted
into record.
The following procedural rules shall be utilized:
* Statements made will be under oath.
* The Board reserves the right to establish time limits for testimony and argument.
* The Chairman shall have the authority to preserve order during the hearing.
* The Board reserves the right to question any witness.
* The Board may consult with the County Attorney or other staff during the
hearing.
* The Respondent may be represented by an attorney during the heating if he so
chooses. Said attorney shall file a notice of representation with the Clerk to the
Board on or before 5:00 pm on May 17, 2013.
* The hearing shall be transcribed.
To ensure that the hearing proceeds in an orderly fashion,the following process shall be utilized:
1. Those documents constituting official public records, including the Petition and
incorporated Exhibits, will be considered for admission into evidence.
2. The Respondent will be allowed to provide relevant evidence and testimony. A list of
witnesses shall be filed with the Clerk to the Board on or before 5:00 pm, May 17,
2013.
3. The Respondent may provide rebuttal evidence and a closing statements. Subject to
time limits which may be set by the Board.
The County Attorney shall be directed to prepare any Final Arnotion Order setting forth the
Board's findings. Any such Order constitutes and concludes the final action of the
Commissioners of New over County. The Board of County Commissioners shall not
proceed with action to replace any Commissioner who may be removed from office pursuant to
the Amotion hearing until a period of thirty days has elapsed.
Adopted this the 22° day of April, 201 0 N
ES
0
A
Sheila L. Sc t, Clerk to the Boar oddy WhAQ, C rman