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Home My WebLink About2014-03-24 RM Exhibits _ <-4=1: �" �y� ..... .r ., ,du.....,..w .. ' /ice i , '"Z-_=4 •tl C �'/- \ xgr =` * ':: °.._..kL f' �_ \X41 ;4\1 Exhibllt'' °1 k Book Pa a D • I (If .J PI NEW HANOVER COUNTY BOARD OF COMMISSIONERS _.. 4 li ' POVERTY AWARENESS MONTH 4iti 1 a PROCLAMATION /1 t rk �,�o� WHEREAS, poverty is a critical social issue facing our county and state, an issue �, that has been greatly exacerbated by the recent economic recession; and \',_ WHEREAS, 16% of people in New Hanover County and 16.3% in the State of „,, „„„ �`�� North Carolina live below the poverty line; and P1 t AI i 1\�. ,i r: !.=, rir "`y ,41,y WHEREAS, poverty undermines the strength, wellbeing, and health of citizens as a t ,�� , well as the fiscal health of our county. !%1 ,q\ NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County �;;��r 4i Board of Commissioners that March 2014 be recognized as "Poverty Awareness � ,` Month” in New Hanover County. � i ik,�' ADOPTED, this the 17th day of March, 2014. 4 ofq 1 ill jii1l '‘_' NEW HANOVE' AUNTY %�r� �1 ii) �� l ti 1 , , c „... . i IIII"'111i,,, , :��, . �j' ` �' 1 Woody White, Chai •• . , �,;, �� _ i ATTEST: ' Z i l I 44 1 tipik. .! ,,,,,„„ 0,,,,,,,,,,,,,,,, ,,, . , , v 0,1 �r� vfrt, ,+I h� �'' Sheila L. Schult Clerk to the Board lye% ' `\ 1 (;' k* �L'`ii/I:�.W "4,�rli.,,i4., '�?'e....W1 �'�\7//i!;'�\\\�%//r:�:�Q7.167k��///�'4�\'�3%//,i3;WY ", ///"�\\,314/9`. e t I s Exhibit BookA K XVI' 'age. I/ p . .7-- i NEW HANOVER COUNTY BOARD OF COMMISSIONERS t RESOLUTION AUTHORIZING NEW HANOVER COUNTY TO SUBMIT AN APPLICATION TO BECOME A PARTNER IN THE "WATCH FOR ME NC" CAMPAIGN i i WHEREAS, the "Watch for Me NC" campaign is a comprehensive targeted approach of police 1 enforcement and public education, aimed at reducing the number of pedestrians and bicyclists hit i and injured in crashes with vehicles; and 3 WHEREAS, beginning in March 2014, the North Carolina Department of Transportation I (NCDOT) will accept applications from communities interested in participating in the 2014 statewide "Watch for Me NC" campaign; and t WHEREAS,New Hanover County will serve as the lead applicant for a collaborative application between the City of Wilmington, the Town of Wrightsville Beach, and the University of North Carolina Wilmington for participation in the"Watch for Me NC"campaign; and WHEREAS, if selected to participate in the "Watch for Me NC" campaign, New Hanover County and collaborating partners will receive training for law enforcement officials and educational campaign materials. NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of t Commissioners hereby authorizes New Hanover County to submit an application to become a partner in the "Watch for-Me NC"campaign. ADOPTED this the 24th day of March,2014. i i NEW HANOVER C!► i 11 0 4TY.4 s- , 41 A I _` i o �= y froody White, Ch. rm. . t � �.s *O •� 0 i ,� ,' k �.i- ATTEST r ♦t��1DLISHEU • Ilk —LXV t Sheila L. Schult, Clerk to the Board t . i 4 i K i 1 i 1 Exhibit Book �ll�age 1.3a. AGENDA: March 24,2014 i NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 058 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-058 be made to the annual budget ordinance for the fiscal year ending i June 30,2014. 1 Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Maintain strong financial reserves I Fund: Murrayville Fire Station 1 Department: Fire Services Expenditure: Decrease Increase Capital project expense $85,266 Transfer to special revenue fund $162,684 Total $85,266 I $162,684 Revenue: Decrease Increase b Capital project revenue $77,418 Total $0 I $77,418 ■ Fund: Fire Services t Department Fire Services Revenue: Decrease Increase Transfer in from capital project fund $162,684 I Appropriated fund balance $162,684 Total $162 684 $162 684 Section 2: Explanation The Murrayville Fire Station Capital Project was established in March 2008.The project is complete and all expenses have been paid.Staff request the Board approve this budget amendment to close the Murrayville Fire Station Capital Project.The remaining balance is$162,684 and will be returned to the Fire Services Fund Balance.This balance is comprised of$85,266 project savings,$23,381 interest and$54,037 sales tax refund. 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 14-058,amending the annual budget ordinance for the fiscal year ending June 30,2014, 's adopted. l i Adopted,this 24th day of March,2014. S fil (SEAL) 04TY.+. 00 p t i �4- 11 y 0 o C�1 Woody White,Chai . I ', , EST: ,>1 $t it i N 'rs Sheila L. chu t,Clerk to the :oard i a 1 1 I Exhibit ,�,,I Book)17AVI((Page 19.3 b j AGENDA: March 24,2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 060 i I € BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that d the following Budget Amendment 14-060 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention ' i Fund:General Fund Department:Vehicle Management Expenditure: Decrease Increase Vehicle Management $25,623 , Total $0 II $25,623 i Revenue: Decrease Increase Vehicle Management $25,623 Total $0 II $25,623 � 1 1 Section 2: Explanation ti To budget insurance proceeds received for a totaled vehicle in Sheriffs Office.Funds will be used to purchase replacement vehicle. 1 Section 3: Documentation of Adoption it This ordinance shall be effective upon its adoption. t NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 14-060,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. I Adopted,this 24th day of March,2014. (SEAL) vNTY'N O r* Woody White,Chairm. .A.-K. _0 EST: L:4, \■ . %l jillA 1 1 • . • '-0, Sheila L. Schult,Clerk to the Board i 1 'WAN icrsto I } • i 3 :x i I, Exhibit i Book X)'V! (Page to. AGENDA: March 24,2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 061 i r BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-061 be made to the annual budget ordinance for the fiscal year ending i June 30,2014. 1 Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Provide health/wellness education,programs,and services P I Fund: General Fund 1 Department: Social Services Expenditure: Decrease Increase DSS $15,000 Total $0 II $15,000 Revenue: Decrease Increase DSS $15,000 1 Total $0 II $15,000 i Section 2: Explanation To budget contribution by the Casey Family Programs Institute.Funds are used for permanency roundtable 1 training of social workers.The training provides social workers additional information to assist in permanent placement of children.There is no County match required. Section 3: Documentation of Adoption 1 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 14-061,amending the annual budget ordinance for the fiscal year ending June 30,2014 is adopted. aik 1. Adopted,this 24th day of March,2014. III 9 (SEAL) er i k ■Ga )_ _•Nrr4' h ,QA- , 0' �� 0 4 n Woody White,Chai I . ,t 0A.%' . O J ATTEST: C:::),.\1%.,11,.. k__ % t LX.),A Sheila L. Schult,Clerk to the Board a •f'z1Al IsI 0' 1 fi i Ek 7 i :e i 1 i d Exhibit ,,�,/'' 4 Book ; �Pa g a ID.30k. 3 AGENDA: March 24,2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET { BY BUDGET AMENDMENT 14- 062 s i a BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-062 be made to the annual budget ordinance for the fiscal year ending 1 June 30,2014. Section 1: Details of Budget Amendment a Strategic Focus Area: Superior Public Health,Safety and Education a Strategic Objective(s): Provide health/wellness education,programs,and services i Fund: General Fund Department: Social Services Expenditure: Decrease Increase DSS $18,914 1 Total $0 � $18,914 l Revenue: Decrease Increase 1 DSS $18,914 • a 1 Total $0 $18 '14 1 Section 2: Explanation To budget an additional allocation of$252 contributed by Piedmont Natural Gas(PNG)customers,employees and corporate donations.Allocations are only made to counties who have PNG customers,and are based on the number of PNG residential customers in each county.Counties can utilize Share the Warmth funds until exhausted or until the end of the heating season.DSS also received$18,662 in additional IV-D Incentive I monies to be reinvested into the Fatherhood Support Program.This program works with non-custodial fathers to increase child support payments through the improvement of father/child visitations and relationships,and enhancing fathers'employability.There is no County match required. Section 3: Documentation of Adoption l This ordinance shall be effective upon its adoption. 3 NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 14-062,amendingthe annual budget ordinance for the fiscal year ending June 30,2014,is adopted. I Adopted,this 24th day of March,2014. VNTY. ( II SEAL) G� "Op ; o 4.1.rN, L1111■4" 1# ��1��,:` oody White,Chairman "'ti ;"� I�� a2 EST: II "'NS i rsME4 . Shei a .Sc u t,Clerk to the Board I 1 3 Exhibit i Book XXXVII(Page (o. 3 e.. N AGENDA: March 24,2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 064 Y BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-064 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment IStrategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention I Fund:Controlled Substance Tax Fund Department:Sheriff Expenditure: Decrease Increase Sheriffs Office $14,537 1 i Total $0 $14,537 4 i Revenue: Decrease Increase Sheriffs Office $14,537 1 Total $0 II $14,537 I . i I Section 2: Explanation a To budget Controlled Substance Tax receipts for 1/27,2/4,2/26,and interest on investments.Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as Sheriff deems necessary.The current balance in the Controlled Substance Tax fund is$10,283. i I 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 14-064,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 24th day of March,2014. II i (SEAL) \AD V't It' V I 0°411/OvNT .4 1 ,�G F O�� Woody White,Chai an O n \LkA\ti,_ . % ..\njt.3i ! 7: 2 f y l; l1 Sheila L. Schult,Clerk to the Board ., •Fsl'AIII 15HE°` 1 8 1 1 1 I i I 1 i Exhibit Book holm page....44.3S 1 AGENDA: March 24,2014 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 065 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-065 be made to the annual budget ordinance for the fiscal year ending i June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention b " Fund: Federal Forfeited Property Fund Department: Sheriff Expenditure: Decrease Increase Sheriff's Office $89,057 1 i Total $0 $89,057 s I i Revenue: Decrease Increase I Sheriffs Office $89,057 Total $0 II $89,057 i 1 Section 2: Explanation s To budget Federal Forfeited Fund receipts for 1/22,3/4,and 3/12.Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The current balance in the Federal Forfeited Property Fund is$12,197. I 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 14-065,amending the annual budget 3 ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 24th day of March,2014. r' 1 ua 10 1 (SEAL) OvNTY� i O �� \� Woody White,Chairman .z EST: I oa 7 I ir ), \A-LA\a..,A--_ %OJT -F - >.4,/ Sheila L.Schult,Clerk to the Board 1 r i a 1 i i t 1 i 1 Exhibit i Book XXKVIIL,Page to, 35 1 AGENDA: March 24,2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 066 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-066 be made to the annual budget ordinance for the fiscal year ending I June 30,2014. II Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Deliver value for taxpayer money i IFund: Environmental Management I Department: Environmental Management r Expenditure: Decrease Increase Environmental Management $159,823 t Total $0 II $159,823 Revenue: Decrease Increase Environmental Management $159,823 Total $0 $159 823 i Section 2: Explanation I Insurance claim payment received from the fire loss of the landfill's compactor.Proceeds will be used to ireplenish account where new compactor was purchased. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. r , NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover a 1 County,North Carolina,that the Ordinance for Budget Amendment 14-066,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 24th day of March,2014. .,/s i : (SEAL) V o.,NlY.A,Oh wG 17, Woody White,Chairman 04:..11. j o ST: i - a � Sheila L.Schult,Clerk o the Board t).\14.4 i 1 i n i t 1 4 I Exhibit Book XXkVtttPage to . 311 9 # AGENDA: March 24,2014 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 067 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 14-067 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention 1 Fund:lnvironmental Management Department:Environmental Management Expenditure: Decrease Increase Environmental Management $1,395,300 1 Total $0 I $1,395,300 Revenue: Decrease Increase Environmental Management $1,395,300 Total $0 $1,395,300 Section 2: Explanation Environmental Management is appropriating enterprise fund balance for the removal of storm debris.This 1 amount is sufficient to collect 110,000 cubic yards of storm debris,grind the material,removal of up to 1,000 hanging limbs,and monitoring costs.The cleanup project,including the second pass of storm debris pickup,is i expected to be completed by the end of the first week in April.On June 30,2013 unrestricted fund balance was 1 $3 million and to date$499,274 has been appropriated. k' 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 i County,North Carolina,that the Ordinance for Budget Amendment 14-067,amending the annual budget ¢ ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 24th day of March,2014. (SEAL) O,0r1Ty•ND 19 ) edil 44 4 .1 0 P Woody White,Chairman i •oklii 0 3 i\al y2 A'1 "PEST: :;.;,-' --.4. \k-k..,,\°- \- - ' - U\ IJ-tk '44M41*t``° Sheila L. Schult,Clerk to the Board I 1 1 1 Booik it t/ �' .._..Page, to RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina(the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1)purchase real and personal property, (2) enter into installment purchase contracts in order to fmance the purchase of real and personal property used,or to be used, for public purposes,and(3)grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County(the "Board"),determines that it is in the best interest of the County to enter into (a) an installment financing contract (the "Contract") with the New Hanover County Financing Corporation, a North Carolina nonprofit corporation (the "Corporation"), in order to pay the capital costs of(1) renovation of the County's historic administrative office building(the "Historic Administrative Building")to house the County's register of deeds and other court-related functions,(2)improvements to Cobb Annex,a County administrative building which houses a portion of the County's judicial functions, and (3) construction of a new service center for rental car companies at Wilmington International Airport, which is operated by the New Hanover County Airport Authority, a component unit of the County(collectively,the "Project")and(4)to pay the costs related to the execution and delivery of the Contract and (b) a deed of trust, security agreement and fixture filing (the "Deed of Trust")related to the County's fee simple interest in the site of the Historic Administrative Building (the "Site") and the improvements thereon to secure the County's obligations under the Contract; WHEREAS, the County hereby determines that the Project is essential to the County's proper, efficient and economic operation and to the general health and welfare of its citizens;that the financing of the Project will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and the Deed of Trust are necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to purchase the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of the Project is an amount not to exceed $20,000,000 and that such cost of the Project exceeds the amount that can be prudently raised from currently available appropriations,unappropriated fund balances and non-voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond fmancing for the same undertaking, the County hereby determines that the cost of financing the Project pursuant to the Contract and the Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1)the cost of a special election necessary to approve a general obligation bond fmancing, as required by the laws of the 1 1 gi gd F State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of F the Project; and(3)revenues produced by the Project are insufficient to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a general obligation bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay installment payments falling due under the Contract; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel, will render an opinion to the 1 effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission(the "LGC"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract after publication of a notice with respect to such public hearing must be held and approval of the LGC with respect to entering the Contract must be received; and WHEREAS, the County hereby determines that all findings,conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Contract and the Deed of Trust and the financing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER,NORTH CAROLINA,AS FOLLOWS: Section 1. Authorization to Negotiate Contract. That the County Manager or the Finance Director,with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County the Contract for a principal amount not to exceed $20,000,000, for the financing of the Project, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in the Site and the improvements thereon, as may be required by the entity, or its assigns, providing the funds to the County under the Contract. 1 {y dbp f 4666 Section 2. Application to LGC. That the Finance Director or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the } LGC. Section 3. Public Hearing. That a public hearing (the "Public Hearing") shall be conducted by the Board on April 7, 2014 at 6:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Contract, the Deed of Trust,the proposed Project and any other transactions contemplated therein and associated therewith. Section 4. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 5. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 6. Effective Date. That this Resolution is effective on the date of its adoption. Read, approved and adopted this 24th day of March, 2014. Woody White,Chairman 7763-0LL;\ 3‘kiSrV -- Sheila L. Schuh, Clerk to the Board OA-%1�c f di ✓q/ 'PROVED AS TO FORM: ''44; it WO\ t CSOL4 Wane a M. Copley, County Attorney pH k 1 d5 nk! EXHIBIT A NOTICE OF PUBLIC HEARING At its March 24,2014 meeting,the Board of Commissioners(the "Board")of the County of New Hanover,North Carolina(the "County")adopted a resolution which: 1. Authorized the County to proceed to pay the capital costs of(1)renovation of the County's historic administrative office building (the "Historic Administrative Building") 1 to house the County's register of deeds and other court-related functions, (2) improvements to Cobb Annex, a County administrative building which houses a portion of the County's judicial functions, and (3) construction of a new service center for rental car companies at Wilmington International Airport, which is operated by the New Hanover County Airport Authority, a component unit of the County (collectively, the "Project"), pursuant to an installment financing contract(the "Contract"), in a principal amount not to exceed $20,000,000 under which the County will make certain installment payments, in order to make the Project available to the County; (}5 2. Authorized the County to proceed to provide, in connection with the Contract, as grantor, a deed of trust, security agreement and fixture filing (the "Deed of Trust")under which the County's interest in the real property on which the Historic Administrative Building is located and the improvements thereon (the "Mortgaged Property"), will be mortgaged by the County to create a lien thereon for the benefit of the New Hanover County Financing Corporation, or its assigns, the counterparty under the Contract. The Historic Administrative Building is located at 320 Chestnut Street, Wilmington, North Carolina. 1 On payment by the County of all installment payments due under the Contract,the Deed of Trust and any lien created thereunder will terminate and the County's title to the Mortgaged Property will be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina,that on April 7,2014 at 6:00 p.m. in the Assembly Room,New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract and the Deed of Trust and the County's financing of the Project. All interested parties are invited to present comments at the public hearing regarding the execution and delivery of the Contract and the Project to be financed thereby. /s/ SHEILA L. SCHULT Clerk to the Board of Commissioners County of New Hanover,North Carolina Published: t\Zt-st \ $5{ { 1 STATE OF NORTH CAROLINA ) ss: COUNTY OF NEW HANOVER ) I, Sheila L. Schult, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of New Hanover,North Carolina, at a meeting held on the 24th day of March, 2014. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the lith day of March,2014. vNTY. \\.4.\eA J\J4i.k' y SHEILA L. SCHULT Clerk to the Board of Commissioners ��j�.p County of New Hanover,North Carolina lei 1 •4:NBtISHEDC'r• 1 1 y9 1}]R 1 yz i 1 Exhibit i Book4WAPage _Q4....5:__ NEW HANOVER COUNTY BOARD OF COMMISSIONERS i RESOLUTION AUTHORIZING NEW HANOVER COUNTY TO PAY ECONOMIC DEVELOPMENT INCENTIVES 1 i WHEREAS, Fortran Industries, LLC, or its parent company, Ticona, LLC, ("Company") proposed to expand its industrial facility in New Hanover County,NC; and WHEREAS, the Project will include capital improvements and retaining and potentially Iexpanding high quality, well-paying job opportunities; and i WHEREAS, in connection with the development of the Project, the Company shall invest at least $50 million in improvements and facilities that will be located on the property(collectively, i the "Facility") situated in New Hanover County and to retain and possibly expand the current staffing of 60 jobs; and 1 WHEREAS, under a required Incentive Agreement ("Agreement"), the County would agree not ) to award the economic development incentive grants until the Company reaches the jobs and facilities investment benchmarks, as those terms shall be defined in the required Agreement; and WHEREAS, the Company's location of the Project at the Facility would, in addition to bringing the jobs described above, produce revenue for local business and the County due to the employment of individuals and the spending of the Company; and WHEREAS, the Company's investment at the Facility would substantially enhance the County's property tax base and increase the County's property tax revenues; and 1 1 WHEREAS, the employment and retention of sixty existing full-time persons and potential , i employment expansion at the Facility would create jobs for the area and provide a positive economic impact for the County;and i i , WHEREAS, pursuant to the provisions of North Carolina General Statutes §158-7.1, this Board of Commissioners deems it is desirable and in the best interest of the County and its businesses and residents to offer certain economic development incentives to the Company and to enter into an Agreement with the Company; and WHEREAS, this Board of Commissioners has organized and approved the holding of a public hearing at the Board's March 24, 2014 regular meeting, to discuss and approve certain economic development incentives to the Company. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County, as follows: 1. The Board of Commissioners approves appropriating and spending from the County's general fund amounts to make cash grants of $100,000 annually, totaling $500,000 over a period of five years, contingent upon the Company spending at least 50 million dollars for ) capital improvements (buildings, equipment and fixtures) at its New Hanover County facility, i 1 1 i 1 i and retaining 60 existing full-time employees and potentially expanding employment in New Hanover County. 2. To implement these incentives, the Board of Commissioners hereby authorizes County staff to prepare an Incentive Agreement and authorizes the Chairman of the Board of Commissioners and/or the County Manager to execute that Incentive Agreement on the County's behalf and to take all actions necessary to implement the actions and grants required by that Agreement. 3. By and with the approval of the County Attorney, the Chairman and/or County Manager is hereby authorized, empowered and directed to do any and all other acts and to execute any and all other documents deemed necessary and appropriate to consummate the transactions contemplated by this Resolution, including without limitation to negotiate and approve changes to that Agreement's language that does not increase the amounts of the cash grants the County is required to pay the Company, or decrease the amount the Company is required to refund the County under the Agreement, except that none of the above shall be authorized or empowered to do anything or execute any document which is in contravention, in any way, of the specific provisions of this Resolution. ADOPTED this the 24th day of March, 2014. NEW HANOVER CO GoUNTY*4 O Woody White, Chairm. OACi yti pt di a ATTEST: •*NISI MO° gA Lek Sheila L. Schult, Clerk to the Board $ g ti 3 Exhibit Book Mull t Page ji22 AGENDA: March 24,2014 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 059 ` I BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that l the following Budget Amendment 14-059 be made to the annual budget ordinance for the fiscal year ending June 30,2014. 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: Engineering Expenditure: Decrease Increase Engineering-Dredging $78,312 Total $0 $78,312 Revenue: Decrease Increase Appropriated Fund Balance $78,312 Total $0 $78 12 , Section 2: Explanation Carolina Beach Inlet quarterly maintenance dredging is estimated to cost$206,900. The cost will be split I evenly between the County and the NC Division of Water Resources,with each paying$103,450. We anticipate the City of Wilmington,Carolina Beach,Kure Beach and Wrightsville Beach will provide funding, reducing the County portion to$78,312. Appropriated fund balance will be increased by$78,312.Prior to actions taken at this board meeting,the appropriated fund balance is$12,895,367. 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 14-059,amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 24th day of March,2014. (SEAL) GOVNTY.� II OQ Ii .: {y Woody White,Chairm• 3,, :,„,,,- 2 A ST: J .;::-.t ... • - ..."_...... rr�e'��"�0� Sheila L.Schult,Clerk to the Board 1 a i