2019-12-16 RM Exhibits Exhibit
NEW HANOVER COUNTY COMMISSIONER Book x�� Page I.
APPOINTMENTS TO BOARDS AND COMMITTEES
Board/Committee 2019 2020
(Designated for Commissioner Representative)
Airlie Gardens Foundation Board of Directors Vice-Chairwoman Olson-Boseman Commissioner Zapple
Cape Fear Community College Board of Trustees Commissioner Kusek Vice-Chair Kusek
Cape Fear Community College Long-Range
Planning Committee (designated for commissioner) Commissioner Kusek Vice Chair Kusek
Cape Fear Council of Governments Executive
Chairman Barfield Chair Olson-Boseman
Committee
Cape Fear Museum Advisory Board Commissioner White Commissioner White
Cape Fear Public Transportation Authority/WAVE
Chairman Barfield Commissioner Barfield
Transit(WAVE representative on the MPO/TAC)
Cape Fear Public Utility Authority Commissioner Zapple Commissioner Zapple
Cape Fear Public Utility Authority Commissioner Kusek Commissioner Barfield
Legion Stadium Commission Vice-Chairwoman Olson-Boseman Commissioner Zapple
Legion Stadium Commission Chairman Barfield Commissioner Barfield
Local Emergency Planning Committee Vice-Chairwoman Olson-Boseman Commissioner Barfield
Lower Cape Fear River Program Advisory Board Commissioner Zapple Vice-Chair Kusek
Lower Cape Fear Water&Sewer Authority Commissioner Zapple Vice-Chair Kusek
New Hanover County ABC Board Commissioner Kusek Vice-Chair Kusek
New Hanover County Airport Authority Vice-Chairwoman Olson-Boseman Chair Olson-Boseman
New Hanover County Consolidated Human Services Chairman Barfield Commissioner White
Board
New Hanover County Financing Corporation, Inc. Chairman Barfield Chair Olson-Boseman
New Hanover County Tourism Development
Commissioner Kusek Vice-Chair Kusek
Authority
New Hanover Regional Medical Center Board of Vice-Chairwoman Olson-Boseman Chair Olson-Boseman
Trustees
NC-506 Continuum of Care Advisory Board Commissioner/County Manager Commissioner/County
(formerly Ten Year Plan to End Homelessness) Designee Manager Designee
Parks Conservancy Board of Directors Chairman Barfield Commissioner Barfield
Smart Start of New Hanover County Commissioner Zapple Commissioner Zapple
Southeastern Economic Development Commission Commissioner White Commissioner White
Southeastern Partnership Inc./Economic
Development Commissioner White Commissioner White
Trillium Health Resources—Southern Regional
Advisory Board Commissioner Zapple Commissioner Zapple
Wilmington Business Development Vice-Chairwoman Olson-Boseman Vice-Chair Kusek
Wilmington Chamber of Commerce Chairman Barfield Chair Olson-Boseman
Wilmington Downtown Inc. Commissioner Zapple Commissioner Zapple
Wilmington/New Hano v er Port, Waterway& Beach
Commissioner White Commissioner White
Commission
Wilmington Regional Film Commission Chairman Barfield Chair Olson-Boseman
Wilmington Urban Area Metropolitan Planning
Commissioner Kusek Commissioner Zapple
Organization—Transportation Advisory Committee
Exhibit
Book X&l Page g.1•2.6t
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: General
Department: Library
Expenditure: Decrease Increase Total
BA 20-017 Library $ 25,000 $ 25,000
Total $ - I $ 2516111 a 25,000
Revenue: Decrease Increase Total
BA 20-017 Contribution $ 25,000 $ 25,000
Total $ - I $ 25,000 II$ 25,000
Prior to Actions Total if Actions
Today Taken
Departmental Budget ( $ 4,971,431 I $ 4,996,431
Section 2: Explanation
BA 20-017 budgets$25,000 in contributions from the Marion Evelyn McCartney Revocable Trust to the
New Hanover County Library.These funds will be used to purchase items during the current fiscal year to
provide services to older patrons with low vision and other impairments.No county match is required.
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(s)20-017 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL) OVNTY•4,% Ji
O � n • is • son-Boseman,Chair
ATTEST:
s -
Ky 'erleigh G.Cr ell,Clerk to the Board
Exhibit t c 2/-
Book XGL page !�
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: General
Department: NCSU Extension Service
Expenditure: Decrease Increase Total
BA 20-019 NCSU Extension Service $ 6,206 $ 6,206
Total _ $ - I $ 6,206 0$ 6,206,
Revenue: _Decrease Increase Total
BA 20-019 Ability Garden $ 6,206 $ 6,206
Total - ' $ - $—6,206',$ 6,206
Prior to Actions Total if Actions
Today Taken
Departmental Budget 1 $ 496,601 I $ 502,807
Section 2: Explanation
BA 20-019 budgets$6,206 in contributions from the Ability Garden to assist in providing a Cooperative
Extension Agent Therapeutic Horticulture position to lead the efforts of the 20-year-old Ability Garden
program at the New Hanover County Arboretum. This program is a successful model of therapeutic
horticulture for an urban area serving over 1,800 people with disabilities annually. Currently,the Ability
Graden is served by a casual part-time position at 19 hours per week funded by the county. These funds will
now be applied to support the cost of the Cooperative Extension Agent position,and North Carolina State
University(NCSU)will also provide funding for the position. In total,NCSU will contribute 50 percent of
the position cost,the county's contribution will be 34 percent,and the Ability Garden will contribute 16
percent. The Cooperative Extension Agent will be a position of NCSU. In the case of reduced funding by
either NCSU or the Ability Garden,this position would revert back to a casual part-time position of the
county. There would be no additional financial commitment for the county in this move.
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(s)20-019 amending the annual budget ordinance
for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL) OVp1Y•N !Boseman,Chair
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,,ail A li-4..... a Ca -IL.
ta Z y K T berleigh G.C 4,. 11,Clerk to the Board
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Exhibit g gl.2 C
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Book Pa e
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: General
Department: Senior Resource Center
Ex I enditure: Decrease Increase Total
BA 20-022 Senior Resource Center $ 5,000 $ 5,000
Total $ - J $ 5,000 0$ 5,000
Revenue: Decrease Increase Total
BA 20-022 Grant Revenue $ 5,000 $ 5,000
Total $ - I $ 5,000 II $ 5,000
Prior to Actions Total if Actions
Today Taken
Departmental Budget I $ 4,477,637 I $ 4,482,637
Section 2: Explanation
BA 20-022 accepts a grant award in the amount of$5,000 from a donor that wishes to remain anonymous.
The Senior Resource Center was chosen to receive this grant based on its history of ongoing efforts to
improve the well-being of the citizens of New Hanover County. The grant will be used to support the non-
emergency medical transportation program and will provide approximately 340 additional transportation
trips for New Hanover County older adults accessing medical appointments. No county match is required.
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(s)20-022 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL) ovN# 4,0
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Olson-Boseman,Chair
ATT ST:
-
114 az
Ky erleigh G.Cro 1,Clerk to the Board
I
Exhibit
Book Page 5 2 e)
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: Federal Forfeited Property(FFP)
Department: Sheriffs Office
Ex I enditure: Decrease Increase Total
BA 20-023 Supplies $ 90,423 $ 90,423
BA 20-023 Training&Travel $ 12,000 $ 12,000
BA 20-023 Capital Outlay-Equipment $ 137,494 $ 137,494
BA 20-024 Capital Outlay-Motor Vehicle $ 31,500 $ 31,500
Total $ TS?"."011417 Irs' •17t4I7
Revenue: Decrease Increase Total
BA 20-023 Federal Forfeited Property $ 239,917 $ 239,917
BA 20-024 Sale of Fixed Assets $ 31,500 $ 31,500
Total $ - $ 271,417 Hs 271,417
Prior to Actions Total if Actions
Today Taken
FFP Budget I $ 132,312 I $ 403,729
Section 2: Explanation
BA 20-023 budgets a Federal Forfeited Property receipt dated 9/11/19,and surplus auction proceeds for
three vehicles that will not be replaced.
BA 20-024 is to record the exchange of three 2016 Harley Davidson motorcycles for three 2019 Harley
Davidson motorcycles.
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(s)20-023 &20-024 amending the
annual budget ordinance for the fiscal year ending June 30,2020, is adopted.
Adopted,this 16th day of December,2019.
(SEAL) GOVNTY•�o MP_ IP
Julia son-Boseman,C'177:
0\--4 l` O ATTEST:
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iG.CrkQ &d
r4Bustix
Exhibit
Book /v-1— Page,'- 2e
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: Controlled Substance Tax(CSTAX)
Department: Sheriffs Office
Ex I enditure: Decrease Increase Total
BA 20-025 Supplies $ 8,192 $ 8,192
BA 20-025 Training&Travel $ 6,000 $ 6,000
Total w $ - ' 1$ ';14192'f$ 1(492
Revenue: Decrease Increase Total
BA 20-025 Controlled Substance Tax $ 14,192 $ 14,192
Total $ - 1 $ 14,192 11$ 14342
Prior to Actions Total if Actions
Today Taken
CSTAX Budget ( $ 58,376 �:.. ` 68
Section 2: Explanation
BA 20-025 budgets Controlled Substance Tax receipts dated 9/19/19, 10/23/19 and 11/20/19.
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(s)20-025 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL)
.,p1TY•N Alre
00‘" I is : son-Boseman,C a r
p 7; ATTEST:
fox �{ K Leigh G. Crow Clerk to the Board
.E'TABLISt'
Exhibit
Book XtL Page 3 2
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: General
Department: Sheriffs Office
Expenditure: Decrease Increase Total
BA 20-026 Salaries&Fringe $ 27,500 $ 27,500
BA 20-026 Supplies $ 10,000 $ 10,000
BA 20-026 Training&Travel $ 3,200 $ 3,200
BA 20-027 Salaries&Fringe $ 56,000 $ 56,000
BA 20-027 Contracted Services $ 5,500 $ 5,500
BA 20-027 Supplies $ 8,500 $ 8,500
BA 20-027 Training&Travel $ 13,000 $ 13,000
BA 20-028 Contracted Services $ 10,211 $ 10,211
BA 20-028 Supplies $ 36,680 $ 36,680
BA 20-028 Grant Match $ (11,723) $ - $ (11,723)
BA 20-029 Supplies $ 1,985 $ 1,985
BA 20-030 Capital Outlay-Building $ 30,000 $ 30,000
BA 20-030 Capital Outlay-Other Improvements $ 9,140 $ 9,140
BA 20-032 Overtime $ 17,202 $ 17,202
BA 20-033 Supplies $ 10,000 $ 10,000
BA 20-033 Training&Travel $ 10,000 $ 10,000
Total $ (11,723)1 $ 248,918 II$ 237,195
Revenue: Decrease Increase Total
BA 20-026 2019 Governor's Highway Safety $ 40,700 $ 40,700
BA 20-027 2020 Governor's Highway Safety $ 83,000 $ 83,000
BA 20-028 2019 Port Security Grant 5 35,168 $ 35,168
BA 20-029 2018 SCAAP Grant $ 1,985 $ 1,985
BA 20-030 Animal Services Escrow $ 39,140 $ 39,140
BA 20-032 Miscellaneous Revenue $ 17,202 $ 17,202
BA 20-033 2020 Governor's Highway Safety $ 20,000 $ 20,000_
Total $ - 1 $ 237,195ji$ 237,195
Prior to Actions Total if Actions
Today Taken
Departmental Budget 1 $ 54,850,066 I $ 55,087;261
Section 2: Explanation
BA 20-026 will transfer remaining funds from the 2019 Governor's Highway Safety Program grant from
the city to the Sheriffs Office. These funds will support a portion of a Lab Technician and a Forensic
Chemist position in the Forensic Unit from July 1,2019 to September 30,2019.Both positions were
included in the FYI9-20 adopted budget,and,therefore,no new positions are being requested at this time.
BA 20-027 budgets salary and fringe of a Lab Technician position for the period of October 1,2019 to
September 30,2020,to be funded through the 2020 Governor's Highway Safety Program.This position
was included in the FY19-20 adopted budget,and,therefore,no new position is being requested at this
time.Also funded are miscellaneous supplies,equipment,and training&travel.
BA 20-028 budgets K9 equipment,and training and dive equipment specific to maritime response and
tactical operations,all funded through the Port Security Grant Program. A grant match of$11,723 is
required and is included in the current budget.
BA 20-029 budgets the State Criminal Alien Assistance program(SCAAP)grant in the amount of$1,985
from the Bureau of Justice Assistance. The Bureau of Justice Assistance administers the SCAAP grant in
conjunction with the Bureau of Immigration&Customs Enforcement,Citizenship and Immigration
Services,and the Department of Homeland Security. The SCAAP grant provides federal payments to state
and localities for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor
convictions,for violations of state and local law,and are incarcerated for at least four consecutive days
during the report period.
BA 20-030 budgets funds from the Animal Services Unit escrow account for the construction of a cat
adoption area and replacement of two garage doors.
BA 20-032 budgets overtime reimbursement from the FBI and US Marshall's Service from July to
September 2019.
BA 20-033 budgets the 2020 Governor's Highway Safety Law Enforcement Liaison grant to
purchase four radar units and training for the"Booze It&Lose It"and"Click it or Ticket"
programs. These programs assist in gathering statistics and coordinating initiatives.
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(s)20-026,20-027,20-028,20-029,20-
030,20-032,&20-033 amending the annual budget ordinance for the fiscal year ending June 30,2020,is
adopted.
Adopted,this 16th day of December,2019.
(SEAL) /
GpV NTY.N /
Juli. son-Boseman,C air
ATT ST:
K rlei h G.Crow 41 Clerk to the Board
Z u j I .a Y g
•F akiSHEo■
Exhibit
Book )T Page . ±2
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: General
Department: Public Health
Ex•enditure: Decrease Increase Total
BA 20-035 WIC Program $ 8,774 $ 8,774
BA 20-036 Prepare for Success(PREP)Program $ (96,367) $ (96,367)
Total $ (96,367)1 $ 8,77411$ (87,593)
Revenue: Decrease Increase Total
BA 20-035 WIC Program $ 8,774 $ 8,774
BA 20-036 Prepare for Success(PREP)Program $ (96,367) $ (96,367)
Total $ (96,367)1 $ 8,774 0 $ (87,593)
Prior to Actions Total if Actions
Today Taken
Departmental Budget 1 $ 15,267,468 I $ 15,1179,875:
Section 2: Explanation
BA 20-035 budgets additional federal funds received from the North Carolina Department of Health&
Human Services(NCDHHS)Women's Health Branch to assist in efforts to provide nutrition education,
promote increased program participation and encourage participant retention in the Women,Infants and
Children(WIC)program.Specifically,these funds will be utilized to support client services and
breastfeeding initiatives.Examples in these areas include nutrition outreach in two New Hanover County
schools as well as additional breastfeeding chairs for nursing mothers at the Public Health clinic.Funds will
also be used for other operational expenses related to daily WIC functions.Due to requirements of federal
and state funding,the additional allocation must be used to supplement current county programs and cannot
be used to supplant General Fund Appropriations.No county match is required and no new positions are
being requested.
BA 20-036 reduces budgeted federal funds from the NCDHHS Women's Health Branch for the Prepare for
Success(PREP)program.This program has been terminated as of October 2019.This amendment removes
budgeted revenue and expenditures associated with this program and will more accurately reflect the
department's activities and funding for the remainder of FY2020.No county match is associated with this
reduction and no positions are affected.
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(s)20-035&20-036 amending the
annual budget ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
0NTY.
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+F}TABLISHEO� Ky berleigh G.Crow ,Clerk to the Board
1
Exhibit
Book_L page -Z
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following
Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2020.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Control costs and manage to the budget
Fund: Capital Improvement Projects
Department: Senior Resource Center and Parks&Gardens
Expenditure: Decrease Increase Total
BA 20-038 Bond Service Charges $ 45,462 I$ 45,462
Total ,$ - $ 45,462 <$ 45,462-
Revenue: Decrease Increase 1 Total
BA 20-038 Senior Resource Center $ 19,112 $ 19,112
BA 20-038 Echo Farms Purchase $ 26,350 i $ 26:350
Total $ J$ 45,462 1 $ 4I462,
Prior to Actions Total if Actions Taken
Today
Capital Project Fund Budget i S 16,006,1441 1"S. ""16051:606:l
Fund: Juvenile Justice Facility
Department: Finance
Expenditure: Decrease Increase Total
BA 20-038 Bond Service Charges $ 161,944 $ 161 944
Total $ - $- 161,944 $ :1
Revenue: Decrease Increase Total
BA 20-038 Juvenile Justice Building $ 161,944 $ 161 944
Total S - I$ 161,944 $ 161,944
Prior to Actions Total if Actions Taken
Today
Capital Project Fund Budget I $ 16,894,912 I $. 17,056,856
Fund:General
Department:Finance
Expenditure: Decrease Increase Total
BA 20-038 Bond Service Charges $ 49,104 $ 49,104
Total $ - I$ 49,104 i$ 49,104
Revenue: Decrease Increase Total
BA 20-038 General Fund $ 49,104 $ 49,104
Total ,$ - $ 49,104 $ 49,104
Prior to Actions Total it Actions Taken
Today
General Fund Budget I S . 308,996,346 1 $ 309;045,450
Fund:Fire Services
Department:Fire Services
Expenditure: Decrease Increase Total
BA 20-038 Bond Service Charges $ 6,560 $ 6,560
Total S - $' 6,560 $ 6560
Revenue: Decrease Increase Total
BA 20-038 Fire Services $ 6,560_$ 6,560
Total $ - $ X560 $ 6,560
Prior to Actions Total if Actions Taken
Today
Fire Services Fund Budget I$ 16,600,673 I $ 16,607,233
Fund:Environmental Management
Department:Environmental Management
Expenditure:, Decrease Increase Total
BA 20-038 Bond Service Charges $ 17,732 $ 17,732
Total $ - I $ 17,732 l$ 17,132
Revenue: Decrease Increase Total
BA 20-038 Environmental Management $ 17,732 $ 17,732
Total $ - I $ 17,732 I $ 17,732
Prior to Actions Total if Actions Taken
Today
Env Mgmt Fund Budget I$ 24,380,790 I $ 24,398;522'
Fund:Airport Expansion
Department:Finance
Expenditure: Decrease Increase Total
BA 20-038 Bond Service CI., _ $ 144.698 $ 144,698
- $ 144,698 J $ 144,698
Revenue: Decrease Increase Total
BA 20-038 Airport $ 144,698 $ 144,698
Total ' ' ' 144,698 , $ 144,698
Prior to Actions Total if Actions Taken
Today
Project Budget I $ 20,000,000 I I $ 20,144,698
Fund: 160M School Bond
Department: Finance
Expenditure: Decrease Increase Total
BA 20-038 Bond Service Charges $ 461 572 $ 461,572
Total $ - I S 4611572 J'$ 461,572y
Revenue: Decrease Increase Total
BA 20-038 Premium on Long Term Debt $ 461,572 $ 461,572
Total $ - J $ 461,572 I $ 461,572
Prior to Actions Total if Actions Taken
Today
Capital Project Fund Budget I$ 165,313,300 I I$:- ' '165,774,872•I
Section 2: Explanation
BA 20-038 is required to appropriate funds to pay for necessary issuance costs related to the 2020 Limited Obligation Bonds
and General Obligation Bonds. This budget amendment also appropriates funds that were paid to issue 2015,2017 and 2018
General Obligation Bonds. Bond proceeds are used to pay these costs and as such no fund balance appropriation is required
Issuance cost includes,but is not limited to,outside counsel,fmancial advisor,underwriters discount,rating agency fees,local
government commissioner fees,etc.
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(s)20-038 amending the annual budget ordinance for the fiscal year ending June 30,
2020,is adopted.
Adopted,this 16th day of December,2019.
VN'TY•
(SEAL) G� �O,
p1" ►a O j -Boseman, h:>r
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►..IIi4 ∎ ,11
I. Ali �' L��
• ti,n ∎1J• K ; leigh G.Crowell, L to the Board
4ltt5HED,��
Exhibit
Book XLT page ..'1.2i
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Maintain strong financial reserves
Fund: General
Department: Juvenile Crime Prevention Council
Ex I enditure: Decrease Increase Total
BA 20-040 JCPC Administration $ 1,363 $ 1,363
BA 20-040 Teen Court $ 23,224 $ 23,224
BA 20-040 Systematic Train for Effect Parenting $ 5,145 $ 5,145
Total $ -
$ 29,732 II $ 29,732
Revenue: Decrease Increase Total
BA 20-040 Add!Expansion Funds $ 29,732 $ 29,732
Total $ I`$ 29,'732 0$ 29,732
Prior to Actions Total if Actions
Today Taken
Grant Program Budget I $ '7433344 I $ 463,076
Section 2: Explanation
BA 20-040 accepts expansion funds received that will be used to expand currently funded programs as a
result of Raise the Age legislation that became law on December 1,2019. Expansion funds do not require
an in-kind or cash match. Currently funded programs meet the Juvenile Crime Prevention Council
priorities. NOTE: $41,128 was also received for Community Justice Services Youth Empowerment
Services. This is a separate item on the Regular Agenda that will be presented.
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(s)20-040 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL)
0°4TY•GN�R
Q son-Boseman,Cha
� A s}; T: N
4
'_h' a Ky rleigh G.Cr. II,Clerk to the Board
_ �V A
f'7ANLISNEd,�•
Exhibit
Book xG Page 25
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
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
Fund: General
Department: Community Justice Services(CJS)
Ex i enditure: Decrease Increase Total
BA 20-034 Clinical Services Contract $ 15,600 $ 15,600
BA 20-034 Salary&Benefits $ 21,793 $ 21,793
BA 20-034 Clinical Services Training $ 3,735 $ 3,735
Total $ I'$ 41,128 0$ 41,128
Revenue: Decrease Increase Total
BA 20-034 Add'l Expansion Funds for CJS $ 41,128 $ 41,128
Total $
- I $... 41,128 II$` 41,128
Prior to Actions Total if Actions
Today Taken
Departmental Budget $ 2,161,426 I $ 2,202,554
Section 2: Explanation
BA 20-034 budgets additional funds for Community Justice Services Youth Empowerment Services.
These funds were received from the state Juvenile Crime Prevention Council expansion grant,which relates
to Raise the Age legislation taking effect on December 1,2019. The funding will be used for:a contract
for clinical services with a Licensed Clinical Addictions Specialist to serve older,higher risk youth in need
of substance abuse treatment;salary and benefits for one FTE Community Service&Restitution program
assistant to serve older youth with a focus on job skills development and vocational training;and clinical
services training for an additional 30 continuing education hours for three clinical staff. Funding is for the
last six months of the current fiscal year. No county match is required.
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(s)20-034 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL) /
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44,� 1;y J 01'i n- oseman,Chair
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"ti VS-, �l Ky erleigh G.Cro e 1,Clerk to the Board
eszAALISHEv,
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Exhibit 31.11
Book XLT Page
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Understand/act on citizen needs
Fund: General
Department: Office of Strategy
Fenditure: Decrease Increase Total
BA 20-037 Grant Expenditures $ 2,494,590 $ 2,494,590
Total $ _
r$ 2,494,590 II$ 2,494,590
Revenue: Decrease Increase Total
BA 20-037 404/407 PA Grant $ 283,990 $ 283,990
BA 20-037 404/407 HMGP Grant $ 2,210,600 $ 2,210,600
Total $ -
$ 2;494;590 II$ 2;494,590"
Prior to Actions Total if Actions
Today Taken
Department Budget ( $ .24505,371 J $ 4,999,961
Section 2: Explanation
BA 20-037-the Office of Strategy,FEMA(Federal Emergency Management Agency)and the NC Division
of Emergency Management have developed a project scope utilizing 404 Buyout/407 Demolition HMGP
(Hazard Mitigation Grant Program)and PA(Public Assistance)grant funding in the amount of$2,494,590.
The project scope includes the acquisition and demolition of 11 residential structures located in the Special
Flood Hazard Area and deemed substantially damaged during Hurricane Florence. The deeds to the
properties will be transferred to New Hanover County with the restrictions imposed for the sites to remain
as open space in perpetuity. The county will perform all maintenance on the parcels as required. No
county match is required.
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(s)20-037 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL)
JNTY•,
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'�'y a on-Boseman,Chair
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1• i. Kym i-rleigh G.Cro 6)1,Clerk to the Board
•Fs"ABLtsve
Exhibit%,/ ,
Book Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ESTABLISHMENT OF STORMWATER SERVICES PROGRAM
WHEREAS, New Hanover County, through its Engineering Department, is responsible for ensuring
compliance with the New Hanover County Stormwater Ordinance; and
WHEREAS, the current New Hanover County Stormwater Ordinance requires property owners and/or
permit holders to maintain and repair drainage pathways on their property and/or within their permitted
system; and
WHEREAS, the establishment of a Stormwater Services Program will provide for a comprehensive and
enhanced management of the stormwater system within the unincorporated area of New Hanover
County; and
WHEREAS,the establishment of a Stormwater Services Program will shift certain responsibilities for the
maintenance and repair of non-permitted systems that accommodate stormwater flow across the
unincorporated county from individual property owners to New Hanover County.
NOW,THEREFORE, BE IT RESOLVED, in support of the Stormwater Services Program, the New Hanover
County Board of Commissioners authorizes the following:
1. Establishment of a Stormwater Services Program, as an enterprise fund, for the unincorporated
area of New Hanover County effective July 1, 2020.
2. Addition of the following 13 positions effective July 1, 2020:
Program Manager(one position)
Permit Assistant(one position)
Technician (eight positions)
Inspector(two positions)
CAD/GIS Specialist(one position)
Note: Position titles are subject to change.
3. Acceptance of the proposed fee structure and inclusion of the fee structure in the FY 2020-2021
budget fee schedule.
4. Revision of the New Hanover County Stormwater Ordinance in order to incorporate the
Stormwater Services Program with adoption by the New Hanover County Board of Commissioners
prior to July 1, 2020 with an effective date of July 1, 2020.
ADOPTED,this the 16th day of December,2019.
NEW HANOVER COUNTY
JNTY•NO
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Exhibit
Book XLS Page,.
AGENDA: December 16,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendments)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Understand/act on citizen needs
Fund: General Fund
Department: Engineering
Expenditure: Decrease Increase Total
BA 20-039 Engineering I$ 50,000 $ 50,000
Total $ - $ 50,000 I) $ 50,000
Revenue: Decrease Increase Total
BA 20-039 Transfer in from Capital Project Fund $ 50,000 $ 50,000
Total $ - I $ 50,000 II $ 50,000
Prior to Actions Total if Actions
Today Taken
Departmental Budget ( S 916,920 I 966,320
Fund: Capital Improvement Projects
Department: Engineering
Expenditure: Decrease Increase Total
BA 20-039 Transfer to General Fund $ 50,000 $ 50,000
BA 20-039 Capital Project Expense $ (50,000) $ (50,000)
Total $ (50,000)1 $ 50,000 II $ -
Prior to Actions Total if Actions
Today Taken
Project Balance ( $ 815,335 I $ 815,335
Section 2: Explanation
BA 20-039 will move$50,000 from the drainage Capital Improvement Project Fund to the General Fund.
The funds will be used to hire an engineering firm to revise the Stormwater Ordinance.
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(s)20-039 amending the annual budget
ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 16th day of December,2019.
(SEAL) /
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Exhibit I1 "
Book �L( page sq. 19
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER,NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO
EXCEED$3,700,000 COUNTY OF NEW HANOVER,NORTH CAROLINA GENERAL
OBLIGATION SCHOOL BONDS,SERIES 2020
WHEREAS, the Bond Order hereinafter-described has been adopted, and it is desirable to make
provision for the issuance of the bonds authorized by said Bond Order;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners (the "Board") of the
County of New Hanover,North Carolina(the "County")as follows:
Section 1. For purposes of this Resolution, the following words have the meanings ascribed
to them below:
"Arbitrage and Tax Regulatory Agreement"means the Arbitrage and Tax Regulatory Agreement
executed by the County related to the 2020 Bonds.
"Bond Order" means the Bond Order authorizing $160,000,000 General Obligation School
Bonds, adopted by the Board on August 11,2014, effective when approved by the voters of the County at
a referendum duly called and held on November 4, 2014.
"Code"means the Internal Revenue Code of 1986, as amended, and the rulings and regulations
(including temporary and proposed regulations)promulgated thereunder,or any successor statute thereto.
"Federal Securities" means (a) direct obligations of the United States of America for the timely
payment of which the full faith and credit of the United States of America is pledged; (b) obligations
issued by any agency controlled or supervised by and acting as an instrumentality of the United States of
America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and
credit obligations of the United States of America(including any securities described in (a) or(b) issued
or held in the name of the Trustee in book-entry form on the books of the Department of Treasury of the
United States of America), which obligations, in either case, are held in the name of a trustee and are not
subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any
bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local
governmental unit of the State of North Carolina which are (i) not callable prior to maturity or(ii)as to
which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds
or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption
on the date or dates specified, and which are rated by Moody's, if the 2020 Bonds are rated by Moody's,
S&P, if the 2020 Bonds are rated by S&P and Fitch Ratings,if the 2020 Bonds are rated by Fitch Ratings,
within the highest rating category and which are secured as to principal,redemption premium, if any, and
interest by a fund consisting only of cash or bonds or other obligations of the character described in clause
(a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or
the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; (d) direct
evidences of ownership of proportionate interests in future interest and principal payments on specified
obligations described in (a) held by a bank or trust company as custodian, under which the owner of the
investment is the real party in interest and has the right to proceed directly and individually against the
obligor on the underlying obligations described in(a), and which underlying obligations are not available
to satisfy any claim of the custodian or any person claiming through the custodian or to whom the
custodian may be obligated; or (e) any other obligations permitted under the laws of the State of North
Carolina for the defeasance of local government bonds.
"Financial Obligation" means a (1) debt obligation, (2) derivative instrument entered into in
connection with, or pledged as security or a source of payment for, an existing or planned debt obligation,
or (3) guarantee of either (1) or (2) above. However, the term "Financial Obligation" does not include
municipal securities as to which a final official statement has been provided to the Municipal Securities
Rulemaking Board consistent with the Rule.
"Fiscal Year"means a twelve-month period commencing on the first day of July of any year and
ending on the 30th day of June of the succeeding year, or such other twelve-month period which may
subsequently be adopted as the Fiscal Year of the County.
"Fitch Ratings"means Fitch Ratings Inc., a corporation organized and existing under the laws of
the State of Delaware, its successors and their assigns, and, if such corporation for any reason no longer
performs the functions of a securities rating agency, "Fitch Ratings" will refer to any other nationally
recognized securities rating agency other than Moody's and S&P designated by the County.
"Moody's" means Moody's Investors Service, a corporation organized and existing under the
laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no
longer performs the functions of a securities rating agency, "Moody's" will be deemed to refer to any
other nationally recognized rating agency other than S&P and Fitch Ratings designated by the County.
"Pricing Certificate" means the certificate of the County Chief Financial Officer delivered in
connection with the issuance of the 2020 Bonds which establishes the final maturity amounts,the interest
payment dates and the provisions for redemption.
"Projects" means constructing, improving, and renovating school facilities, specifically
including, among other things, the construction and renovation of classroom facilities and district-wide
improvements for safety, security, technology and building infrastructure, the acquisition and installation
of furnishings and equipment, and the acquisition of land or rights—in—land required therefor, pursuant to
and in accordance with the Bond Order.
"S&P" means S&P Global Ratings, a business unit of Standard & Poor's Financial Services
LLC, its successors and their assigns and, if such corporation for any reason no longer performs the
functions of a securities rating agency, "S&P"will be deemed to refer to any other nationally recognized
rating agency other than Moody's and Fitch Ratings designated by the County.
"2020 Bonds" means the County's General Obligation School Bonds, Series 2020 authorized
under the Bond Order.
Section 2. The County will issue not to exceed $3,700,000 in total aggregate principal
amount of its 2020 Bonds.
Section 3. The 2020 Bonds will be dated their date of issuance and pay interest
semiannually on February 1 and August 1, beginning August 1, 2020, unless the County Chief Financial
Officer establishes different dates in her Pricing Certificate. The 2020 Bonds are being issued to provide
funds (1) to finance the capital costs of the Projects pursuant to and in accordance with the Bond Order
and(2)to pay the costs of issuing the 2020 Bonds.
Section 4. The Board has ascertained and hereby determines that the last installment of the
2020 Bonds shall mature not later than the date of expiration of the period of usefulness of the Projects as
required by Section 159-122 of the North Carolina General Statutes,as amended.
2
Section 5. Unless changed by the County Chief Financial Officer in her Pricing Certificate,
the 2020 Bonds are payable in annual installments on February 1 in each year as provided in the Pricing
Certificate.
Section 6. The 2020 Bonds will be numbered from "R-1" consecutively and upward. All
2020 Bonds will bear interest from their date at a rate or rates which will be hereafter determined on the
sale thereof computed on the basis of a 360-day year,constituting twelve 30-day months.
Section 7. The 2020 Bonds will be registered as to principal and interest, and the County
Chief Financial Officer is directed to maintain the registration records with respect thereto. The 2020
Bonds will bear the original or facsimile signatures of the County Manager or the Chair of the Board and
the Clerk to the Board of the County. An original or facsimile of the seal of the County will be imprinted
on each of the 2020 Bonds.
Section 8. The 2020 Bonds will initially be issued by means of a book-entry system with no
physical distribution of bond certificates made to the public. One bond certificate for each maturity will
be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its
custody. A book-entry system will be employed, evidencing ownership of the 2020 Bonds in principal
amounts of$5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the
records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the
2020 Bonds will be payable to DTC or its nominee as registered owner of the 2020 Bonds in immediately
available funds. The principal of and interest on the 2020 Bonds will be payable to owners of 2020
Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an
interest payment date or a bond payment date. The County will not be responsible or liable for
maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting
through such participants.
If(a)DTC determines not to continue to act as securities depository for the 2020 Bonds or(b)the
County Chief Financial Officer determines that the continuation of the book-entry system of evidence and
transfer of ownership of the 2020 Bonds would adversely affect the interests of the beneficial owners of
the 2020 Bonds, the County will discontinue the book-entry system with DTC in accordance with the
rules and procedures of DTC. If the County fails to identify another qualified securities depository to
replace DTC, the County will authenticate and deliver replacement bonds in accordance with the rules
and procedures of DTC.
Section 9. Unless changed by the County Chief Financial Officer in her Pricing Certificate,
the 2020 Bonds maturing on or before February 1, 2030 will not be subject to redemption prior to
maturity. The 2020 Bonds maturing on and after February 1, 2031 will be subject to redemption prior to
maturity, at the option of the County, from any money that may be made available for such purpose,
either in whole or in part, on any date on or after February 1, 2030, at the redemption price of the
principal amount of 2020 Bonds to be so redeemed,plus accrued interest to the redemption date.
If less than all of the 2020 Bonds are called for redemption,the County will select the maturity or
maturities of the 2020 Bonds to be redeemed in such manner as the County in its discretion may
determine and DTC and its participants will determine which of the 2020 Bonds within a maturity will be
redeemed in accordance with its rules and procedures; provided, however, that the portion of any
2020 Bond to be redeemed will be in principal amount of$5,000 or integral multiples thereof and that, in
selecting 2020 Bonds for redemption, each 2020 Bond will be considered as representing that number of
2020 Bonds which is obtained by dividing the principal amount of such 2020 Bond by$5,000. Whenever
the County elects to redeem 2020 Bonds, notice of such redemption of 2020 Bonds, stating the
3
redemption date, redemption price and any conditions to the redemption and identifying the 2020 Bonds
or portions thereof to be redeemed by reference to their numbers and further stating that on such
redemption date there will become due and payable on each 2020 Bond or portion thereof so to be
redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such
date interest thereon will cease to accrue,will be given not less than 30 days nor more than 60 days before
the redemption date in writing to DTC or its nominee as the registered owner of the 2020 Bonds, by
prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules
and procedures), at the address provided to the County by DTC, but any failure or defect in respect of
such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered
owner of the 2020 Bonds, the County will give notice at the time set forth above by prepaid first class
United States mail, to the then-registered owners of the 2020 Bonds or portions thereof to be redeemed at
the last address shown on the registration books kept by the County. The County will also mail or
transmit by facsimile or in electronic format a copy of the notice of redemption within the time set forth
above (1)to the Local Government Commission of North Carolina (the "Local Government
Commission") and (2)to the Municipal Rulemaking Securities Board (the "MSRB") through the
Electronic Municipal Market Access("EMMA")system.
If at the time of mailing of the notice of redemption there is not on deposit money sufficient to
redeem the 2020 Bonds called for redemption, such notice may state that it is conditional on the deposit
of money for the redemption on the date of redemption as set forth in the notice. Any notice,once given,
may be withdrawn by notice delivered in the same manner as the notice of redemption was given.
Section 10. The 2020 Bonds and the provisions for the registration of the 2020 Bonds and for
the approval of the 2020 Bonds by the Secretary of the Local Government Commission will be in
substantially the form set forth in Exhibit A hereto, the terms of which may be changed by the County
Chief Financial Officer's Pricing Certificate.
Section 11. The County Chief Financial Officer, or her designated representative, is hereby
authorized to execute the Arbitrage and Tax Regulatory Agreement in order to comply with Section 148
of the Code and the applicable Income Tax Regulations thereunder. The County covenants that it will not
take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion
from gross income of the recipient therefor for federal income tax purposes of the interest on the 2020
Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, the County
will take or cause to be taken all lawful actions within its power necessary to rescind or correct such
actions or omissions promptly on having knowledge thereof. The County covenants that it will comply
with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will
not permit at any time any of the proceeds of the 2020 Bonds or other funds under their control be used,
directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2020
Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code. The County covenants that it
will comply with the provisions of the Arbitrage and Tax Regulatory Certificate.
Section 12. The County Chief Financial Officer is hereby directed to create and establish a
special fund to be designated "County of New Hanover, North Carolina General Obligation School
Bonds, Series 2020 Project Fund" (the "Project Fund") and may establish separate accounts within the
Project Fund to track the expenditures related to each of the Projects. The County Chief Financial Officer
will deposit the proceeds from the sale of the 2020 Bonds in the Project Fund. The County Chief
Financial Officer will invest and reinvest any money held in the Project Fund as permitted by the laws of
the State of North Carolina and the income, to the extent permitted by the Code, will be retained in the
Project Fund and applied with the proceeds of the 2020 Bonds to pay the costs of the Projects, as directed
by the County Chief Financial Officer. The County Chief Financial Officer will keep and maintain
adequate records pertaining to the Project Fund and all disbursements therefrom so as to satisfy the
4
requirements of the laws of the State of North Carolina and to assure that the County maintains its
covenants with respect to the exclusion of the interest on the 2020 Bonds from gross income for purposes
of federal income taxation.
Section 13. Actions taken by officials of the County to select paying and transfer agents, and
a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the
Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, as amended,
are hereby authorized and approved.
Section 14. The Local Government Commission is hereby requested to sell the 2020 Bonds
through a competitive sale to the bidder whose bid results in the lowest interest cost to the County,
determined on the basis of the net interest cost method.
Section 15. The Chair of the Board, the County Manager, the Clerk to the Board and the
County Chief Financial Officer, individually and collectively (the `Authorized Officers"), are hereby
authorized, empowered and directed to cause the 2020 Bonds to be prepared and, when they have been
duly sold by the Local Government Commission, to execute the 2020 Bonds and to turn the 2020 Bonds
over to the registrar and transfer agent of the County, if any, for delivery through the facilities of DTC to
the purchaser or purchasers to whom they may be sold by the Local Government Commission.
Section 16. The form and content of the Notice of Sale related to the 2020 Bonds, the
Preliminary Official Statement related to 2020 Bonds (the "Preliminary Official Statement") and the
Final Official Statement related to the 2020 Bonds (the "Final Official Statement"and together with the
Preliminary Official Statement, the "Official Statement") are in all respects authorized, approved and
confirmed. The Authorized Officers are authorized, empowered and directed to execute and deliver the
Official Statement in substantially the form and content presented to the Board, but with such changes,
modifications, additions or deletions therein as to them seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of the approval of the Board of any and all changes,
modifications, additions or deletions therein from the form and content of the Official Statement
presented to the Board.
Section 17. The Authorized Officers, are authorized, empowered and directed to execute and
deliver for and on behalf of the County any and all additional certificates, documents, opinions or other
papers and perform all other acts as may be required by the documents contemplated hereinabove or as
may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of
this Resolution.
Section 18. The County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated
by the Securities and Exchange Commission(the "SEC")and for the benefit of the registered owners and
beneficial owners of the 2020 Bonds,to provide to the MSRB:
(1) by not later than seven months from the end of each Fiscal Year, beginning with
the Fiscal Year ending June 30, 2020, audited financial statements of the County for the
preceding Fiscal Year, if available, prepared in accordance with Section 159-34 of the General
Statutes of North Carolina,as it may be amended from time to time,or any successor statute,or if
such audited financial statements are not then available, unaudited financial statements of the
County for such Fiscal Year to be replaced subsequently by audited financial statements of the
County to be delivered within 15 days after such audited financial statements become available
for distribution;
5
(2) by not later than seven months from the end of each Fiscal Year, beginning with
the Fiscal Year ending June 30, 2020,the financial and statistical data as of a date not earlier than
the end of the preceding Fiscal Year for the type of information included under the captions
"THE COUNTY—DEBT INFORMATION" and "--TAX INFORMATION" (excluding information
on overlapping units and the subsection entitled Debt Outlook)in the Official Statement;
(3) in a timely manner not in excess of 10 business days after the occurrence of the
event,to the MSRB,notice of any of the following events with respect to the 2020 Bonds:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults, if material;
(c) unscheduled draws on the debt service reserves reflecting financial
difficulties;
(d) unscheduled draws on any credit enhancements reflecting financial
difficulties;
(e) substitution of any credit or liquidity providers, or their failure to
perform;
(f) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB)or other material notices or determinations with respect to the tax status of the
2020 Bonds or other material events affecting the tax status of the 2020 Bonds;
(g) modification of the rights of the beneficial owners of the 2020 Bonds, if
material;
(h) call of any of the 2020 Bonds, other than mandatory sinking fund
redemptions, if material, and tender offers;
(I) defeasance of any of the 2020 Bonds;
(j) release, substitution or sale of any property securing repayment of the
2020 Bonds, if material;
(k) rating changes;
(I) bankruptcy, insolvency,receivership or similar event of the County;
(m) the consummation of a merger, consolidation, or acquisition involving
the County or the sale of all or substantially all of the assets of the County, other than in
the ordinary course of business,the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to such actions, other than
pursuant to its terms, if material; and
(n) appointment of a successor or additional trustee, or the change in the
name of a trustee, if material;
6
(o) incurrence of a Financial Obligation of the County, if material, or
agreement to covenants, events of default,remedies, priority rights,or other similar terms
of a Financial Obligation of the County, any of which affect security holders,if material;
(p) default, event of acceleration, termination event, modification of terms,
or other similar events under the terms of a Financial Obligation of the obligated person,
any of which reflect financial difficulties;and
(4) in a timely manner to the MSRB, notice of the failure by the County to provide
the required annual financial information described in (1) and (2) above on or before the date
specified.
The County agrees that its undertaking under this Section is intended to be for the benefit of the
registered owners and the beneficial owners of the 2020 Bonds and is enforceable by any of the registered
owners and the beneficial owners of the 2020 Bonds, including an action for specific performance of the
County's obligations under this Section, but a failure to comply will not be an event of default and will
not result in acceleration of the payment of the 2020 Bonds. An action must be instituted, had and
maintained in the manner provided in this Section for the benefit of all of the registered owners and
beneficial owners of the 2020 Bonds.
All documents provided to the MSRB as described in this Section will be provided in an
electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed
by the MSRB. The County may discharge its undertaking described above by providing such information
in a manner the SEC subsequently authorizes in lieu of the manner described above.
The County may modify from time to time, consistent with the Rule,the information provided or
the format of the presentation of such information,to the extent necessary or appropriate in the judgment
of the County,but:
(1) any such modification can only be made in connection with a change in
circumstances that arises from a change in legal requirements,change in law or change in
the identity,nature or status of the County;
(2) the information to be provided, as modified, must have complied with
the requirements of the Rule as of the date of the Official Statement, after taking into
account any amendments or interpretations of the Rule as well as any changes in
circumstances;
(3) any such modification must not materially impair the interest of the
registered owners or the beneficial owners, as determined by nationally recognized bond
counsel or by the approving vote of the registered owners of a majority in principal
amount of the 2020 Bonds.
Any annual financial information containing modified operating data or financial information
must explain, in narrative form, the reasons for the modification and the impact of the change in the type
of operating data or financial information being provided.
The provisions of this Section terminate on payment, or provision having been made for payment
in a manner consistent with the Rule,in full of the principal of and interest on the 2020 Bonds.
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Section 19. Those portions of this Resolution other than Section 18 may be amended or
supplemented, from time to time,without the consent of the owners of the 2020 Bonds if in the opinion of
nationally recognized bond counsel, such amendment or supplement would not adversely affect the
interests of the owners of the 2020 Bonds and would not cause the interest on the 2020 Bonds to be
included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may
be amended or supplemented with the consent of the owners of a majority in aggregate principal amount
of the outstanding 2020 Bonds, exclusive of 2020 Bonds, if any, owned by the County, but a modification
or amendment(1)may not, without the express consent of any owner of 2020 Bonds,reduce the principal
amount of any 2020 Bond, reduce the interest rate payable on it, extend its maturity or the times for
paying interest, change the monetary medium in which principal and interest is payable, or reduce the
percentage of consent required for amendment or modification and(2)as to an amendment to Section 18,
must be limited as described therein.
Any act done pursuant to a modification or amendment consented to by the owners of the
2020 Bonds is binding on all owners of the 2020 Bonds and will not be deemed an infringement of any of
the provisions of this Resolution, whatever the character of the act may be, and may be done and
performed as fully and freely as if expressly permitted by the terms of this Resolution. After consent has
been given, no owner of a 2020 Bond has any right or interest to object to the action, to question its
propriety or to enjoin or restrain the County from taking any action pursuant to a modification or
amendment.
If the County proposes an amendment or supplemental resolution to this Resolution requiring the
consent of the owners of the 2020 Bonds, the registrar for the 2020 Bonds will, on being satisfactorily
indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner
of the 2020 Bonds then outstanding by first-class mail,postage prepaid,to the address of such owner as it
appears on the registration books; but the failure to receive such notice by mailing by any owner, or any
defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice
will briefly set forth the nature of the proposed amendment and will state that copies thereof are on file at
the designated office of the registrar for the 2020 Bonds for inspection by all owners of the 2020 Bonds.
If, within 60 days or such longer period as may be prescribed by the County following the giving of such
notice, the owners of a majority in aggregate principal amount of 2020 Bonds then outstanding have
consented to the proposed amendment,the amendment will be effective as of the date stated in the notice.
Section 20. Nothing in this Resolution precludes (a) the payment of the 2020 Bonds from
the proceeds of refunding bonds or(b)the payment of the 2020 Bonds from any legally available funds.
If the County causes to be paid, or has made provisions to pay, on maturity or on redemption
before maturity, to the owners of the 2020 Bonds the principal of the 2020 Bonds (including accrued
interest thereon),through setting aside trust funds or setting apart in a reserve fund or special trust account
created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in
some sinking fund or other fund or trust account with an escrow agent or otherwise, money sufficient
therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the County
will so notify Moody's, S&P and Fitch Ratings, as applicable, and then such 2020 Bonds will be
considered to have been discharged and satisfied, and the principal of the 2020 Bonds (including accrued
interest thereon)will no longer be deemed to be outstanding and unpaid; provided, however,that nothing
in this Resolution requires the deposit of more than such Federal Securities as may be sufficient, taking
into account both the principal amount of such Federal Securities and the interest to earned thereon, to
implement any such defeasance.
If such a defeasance occurs and after the County receives an opinion of a nationally recognized
accounting or verification firm that the segregated money or Federal Securities together with interest
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earnings thereon is sufficient to effect a defeasance, the County will execute and deliver all such
instruments as may be necessary to effect such a defeasance and desirable to evidence such release,
discharge and satisfaction. The County will make provisions for the mailing of a notice to the owners of
the 2020 Bonds that such money is available for such payment.
Section 21. If any one or more of the agreements or provisions herein contained is held
contrary to any express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants,
agreements or provisions are null and void and separable from the remaining agreements and provisions
and will in no way affect the validity of any of the other agreements and provisions hereof or of the
2020 Bonds authorized hereunder.
Section 22. All resolutions or parts thereof of the Board in conflict with the provisions herein
contained are,to the extent of such conflict,hereby superseded and repealed.
Section 23. This Resolution is effective on its adoption.
PASSED,ADOPTED AND APPROVED this 16th day of December,2019.
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STATE OF NORTH CAROLINA )
SS:
COUNTY OF NEW HANOVER )
I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover,
North Carolina, DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution
entitled, "RESOLUTION OF THE BOARD OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA
PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED$3,700,000 COUNTY OF NEW HANOVER,NORTH
CAROLINA GENERAL OBLIGATION SCHOOL BONDS,SERIES 2020"adopted by the Board of the County
of New Hanover,North Carolina at a regular meeting held on the 16th day of December,2019.
J WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,this
the /&tray of December,2019.
GOJNTY•.V0
(SEAL) � his,
OA fir e
O �,;� 9 K rowell
7' Clerk to the Board of Commissioners
,�\ � ' County of New Hanover,North Carolina
2
. 1111
•f`rrA61I Silt°
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