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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