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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- L) 0 Woody its airman 12 ATTES T• r Sheila L. Schult, Cl 135"Tie' Board PP AB 2072838v1 2 Exhibit Page Book XYZE1 page ZJ 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 Book CL r� 00 CN ri Ln (N N N w 0) T-! Iq ri to (n li ri ri q m w 0 0 m 0 ri W m Ln m Ln N N w w N N "T w to r-4 Ln rJ W W W m 00 14 Ln LO r. 0 00 m -0 o lD at o, a N cyi 06 :F 1i r4 16 O \ 00 �r — -* 1-t ri r! C� "It 0 M 0 01 00 C14 a It rn 110 r- r4 0 0 N 00 rn V) fl, :5 E rw Ln Ln �6 E 0 r-I cn 0 iIb u if} In V'J- V1. I/,#. 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Lrt cq r,,� r-t — IIR rl� a) rn (n rq r-I m >. qT m 0 r-. 00 6 rr 4 � 0 cn rn kD ul N 00 m W :E Ln m N r-q Ln uj 0 00 di MA V'J- in to in LL :3. bp m N 41 1 4 C: M c rin 0 0 m N -C u 0 ca u 0 44 ho c 0 4� r V, Ow Ln C e M E E .0 b 0 w E w o o 4 E U W U w VI w z <-0 0 (n < u 0 0 u 0 CL L?�j L 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