2018-01-08 RM ExhibitsExhibit
Book XL1 Pagen�
NEW HANOVER COUNTY COMMISSIONER
APPOINTMENTS TO BOARDS AND COMMITTEES
Board /Committee
2017
2018
(Designated for Commissioner Representative)
Airlie Gardens Foundation Board of Directors
Vice - Chairman Watkins
Vice - Chairman Watkins
Cape Fear Community College Long -Range
Planning Committee (designated for commissioner)
Chairman White
Chairman White
Cape Fear Council of Governments Executive
Committee
Commissioner Barfield
Commissioner Barfield
Cape Fear Museum Advisory Board
Commissioner Zapple
Chairman White
Cape Fear Public Transportation Authority/WAVE Transit
Commissioner Barfield
Commissioner Barfield
(WAVE representative on the MPO/TAC)
Legion Stadium Commission
Vice- Chairman Watkins
Vice - Chairman Watkins
Legion Stadium Commission
Chairman White
Commissioner Zapple
Local Emergency Planning Committee
Commissioner Kusek
Commissioner Kusek
Lower Cape Fear River Program Advisory Board
Commissioner Zapple
Commissioner Zapple
New Hanover County Board of Health
Commissioner Zapple
Commissioner Zapple
New Hanover County Financing Corporation, Inc.
Chairman White
Chairman White
New Hanover County Tourism Development Authority
Commissioner Kusek
Commissioner Kusek
New Hanover Regional Medical Center Board of
Vice - Chairman Watkins
Vice - Chairman Watkins
Trustees
NC -506 Continuum of Care Advisory Board
Commissioner /County
Commissioner /County
(formerly Ten Year Plan to End Homelessness
Manager Designee
Manager Designee
Parks Conservancy Board of Directors
Commissioner Zapple
Commissioner Zapple
Smart Start of New Hanover County
Commissioner Zapple
Commissioner Zapple
Southeastern Partnership Inc. /Economic Development
Chairman White
Chairman White
Trillium Health Resources — Southern Regional Advisory
Commissioner Zapple
Commissioner Kusek
Board
Wilmington Business Development
Commissioner Kusek
Commissioner Kusek
Wilmington Chamber of Commerce
Chairman White
Chairman White
Wilmington Downtown Inc.
Commissioner Zapple
Commissioner Zapple
Wilmington /New Hanover Port, Waterway & Beach
Commissioner Kusek
Commissioner Kusek
Commission
Wilmington Regional Film Commission
Commissioner Barfield
Commissioner Barfield
Wilmington Urban Area Metropolitan Planning
Vice - Chairman Watkins
Vice - Chairman Watkins
Organization — Transportation Advisory Committee
Boards /Committees with Terms:
Cape Fear Community College Board of Trustees
Chairman White
Chairman White
(At-Large 4 -Year Term Expiring 6/30/21
Cape Fear Public Utility Authority
Vice- Chairman Watkins
Vice - Chairman Watkins
3 -Year Term Expiring 6/30/18
Cape Fear Public Utility Authority
Commissioner Kusek
Commissioner Kusek
3 -Year Term Expiring 6/30/18
Lower Cape Fear Water & Sewer Authority
Vice - Chairman Watkins
Vice - Chairman Watkins
(At-Large 3 Year Term Expiring 5/31/18
New Hanover County Board of Social Services
Commissioner Barfield
Commissioner Barfield
(At-Large 3 -Year Term Expiring 6/30/19)
Southeastern Economic Development Commission
Chairman White
Chairman White
(At -Large 4 -Year Term Expiring 4/30/18)
Exhibit
Book XLI Page
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 finance
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 a
financial institution to be determined, in order to pay the capital costs of (1) acquisition, construction and
equipping of the Ogden Fire Station (the "Ogden Fire Station") to house the fire operations, and (2)
constructing and equipping the Pine Valley Library (the "Pine Valley Library") to replace the Myrtle
Grove Branch Library (collectively, the "Project ") and (3) 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 Ogden Fire Station (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 portion of the Project that
the County intends to finance is an amount not to exceed $9,150,000 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 financing 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 financing, as required by the laws of the
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
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, the sums to fall due under the Contract will be adequate but not excessive for its
purpose;
WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel, will render an opinion to the
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 Chief
Financial Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and
directed to proceed and negotiate on behalf of the County the Contract for a principal amount not to
exceed $9,150,000, 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.
Section 2. Application to LGC. That the Chief Financial Officer 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. Direction to Retain Special Counsel. That the County Manager and the Chief
Financial Officer, with advice from the County Attorney, are hereby authorized and directed to retain the
assistance of Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina, as special counsel.
Section 4. Public Hearing. That a public hearing (the "Public Hearing ") shall be
conducted by the Board on January 22, 2018 at 9:00 am 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 5. 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 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict
herewith are hereby repealed.
Section 7. Effective Date. That this Resolution is effective on the date of its adoption.
Read, approved and adopted this 8' day of Janu , 2018.
By:
Chairman of the Board of C
COR to the :o. f
AS To FORM:
—100
EXHIBIT A
NOTICE OF PUBLIC HEARING
At its January 8, 2018 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) acquisitioin,
construction, and equipping of the Ogden Fire Station (the "Ogden Fire Station ") to
house the fire operations, and (2) constructing and equipping the Pine Valley Library (the
"Pine Valley Library ") to replace the Myrtle Grove Branch Library (collectively, the
"Project"), pursuant to an installment financing contract (the "Contract"), in a principal
amount not to exceed $9,150,000 under which the County will make certain installment
payments, in order to make the Project available to the County;
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 Ogden Fire Station 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 entity, or its assigns,
providing the funds to the County under the Contract. The Ogden Fire Station is located
at 7375 Market Street, Wilmington, North Carolina.
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 January 22, 2018 at 9:00 a.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/ KYM13ERLEIGH G. CROWELL
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
Published:
STATE OF NORTH CAROLINA
ss:
COUNTY OF NEW HANOVER
I, Kymherleigh G. Crowell, 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 81 day of January, 2018.
the
WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this
day of January, 2018.
*KE IGH G. WELL
Board of Commissioners
County of New Hanover, North Carolina
ExhibitV -►-
NEW HANOVER COUNTY BOARD OF COMMISSIONERS��k nL Page
RESOLUTION
AUTHORIZING A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELL 7
WHEREAS, after due advertisement, bids were recorded by the Finance Department at 2:00
p.m. on the 120' day of December, 2017, at the New Hanover County Environmental
Management Department offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and
six (6) bids were received from qualified bidders; and
WHEREAS, the bid tabulation shown for the six (6) qualified bidders includes the cost of the
Construction of Landfill Cell 7 and the cost of the alternate for Construction of Landfill Cell 8A;
and
Bidder
Base Bid
Amount for
Cell 7
Alternate Bid
Amount for
Cell 8A
Total Bid Amount
including
Alternate for 8A
Atlantis Commercial
$4,288,143.35
$1,673,756.00
$5,961,899.35
ES &J Enterprises, Inc.
$4,229,782.40
$1,572,978.50
$5,802,760.90
Sargent Corporation
$4,807,034.80
$1,807,218.50
$6,614,253.30
Shamrock Construction Co.
$4,314,414.60
$1,633,556.00
$5,947,970.60
T &K Construction
$4,847,878.90
$1,837,293.25
$6,685,172.15
Wells Brothers Construction
$3,688,943.07
$1,440,450.50
$5,129,393.57
WHEREAS, of these six (6) qualified bidders, Wells Construction Company submitted the
lowest responsible bid for the Construction of Landfill Cell 7 in the amount of $3,688,943.07;
and
WHEREAS, a bid evaluation was completed by SCS Engineers P.C., determining that Wells
Construction Company met the criteria for minimum experience as set forth in Section 00100
INVITATION TO BID; and
WHEREAS, funds for this project are available in the fiscal year 2018 adopted budget for the
Environmental Management Enterprise Fund.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby authorizes the award of the Construction of Landfill Cell 7 to Wells
Construction Company, and that the County is hereby authorized and directed to negotiate and
execute a contract, the form of which shall be approved by the County Attorney.
ADOPTED this the 8t' day of January, 2018. F,
vNTY. EW O ER O Ty
o y
Woody White, Chairman
ATTEST:
A116.00"JA /IQ n Sk
K berleigh rowell, Clerk to the Board