2009-05-18 RM ExhibitsNORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
Exhibit
,
North Carolina 6ookXX._..Page 1~.~ ,S
County of New Hanover
Road(s) Description: Shaw Road in New Hanover County (Division File No 1142-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established
by the Division of Highways of the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County qfArew Hanover that
the Division of Highways is hereby requested to review the above described road(s), and to take overthe road(s)
for maintenance if they meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 18t` day of Maw, 2009
WITNESS my hand and official seal this the day of
0,14 , 2009
O
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t4TY
C>
0
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a.
Sheila L Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR-2
Please Note- Forward directly to the District Engineer, Division of Highways.
resolute.doc
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145FAX •www.NHCG0V.C0N1
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner
Sheila L. Schutt, Clerk to the Board
Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book ,VXL1..Page
RESOLUTION
DISPOSAL OF SURPLUS PROPERTY
WHEREAS, New Hanover County owns personal property itemized on the attached Exhibit A, hereinafter referred to as
"surplus property," that is either obsolete or no longer needed for any governmental use by the County; and
WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring this personal property surplus
and selling it at public auction as authorized by NCGS 160A-270, and
WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction using GovDeals at
«w.w Uovdeals.com according to the procedures prescribed in NCGS 160A-270(c) which authorizes the disposal of
personal property electronically using an existing private or public electronic auction service, and
WHEREAS. items not sold using GovDeals, may be disposed of using any other method authorized in the NCGS 160A-
270
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners as follows-
1 The personal property itemized on the attached Exhibit A is hereby declared to be surplus property
2 The Finance Director's designated representative, pursuant to the provisions of G S 160A-270(c), is hereby
authorized to dispose of the personal property listed on Exhibit A by electronic public auction using GovDeals at
www govdeals com and any property not sold using GovDeals may be disposed of using any other method
authorized by the NCGS 160A-270, and that said representative be further authorized and directed to execute
necessary documents, transfer title, add/delete items from the surplus list, and perform all necessary functions
associated with this disposal
3 All surplus property will be sold "as is," all sales will be final and the acceptable forms of payment are cash,
certified check, money order, and Visa or MasterCard. New Hanover County makes no express or implied
warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose
regardless of any oral statements that may be made concerning the surplus property or any part thereof
4 A notice summarizing this Resolution and the sale of the surplus property by electronic public auction shall be
advertised in the Wilmington Star News at least ten (10) days prior to the electronic public auction.
ADOPTED this the IS"' day of May, 2009.
NEW HANOVER COUNTY
Y0 "V
Ted Davis, Jr , Chai an
Ziy 5 .u r2;
A TEST.
'A
Sheila L Schult, Clerk to the Board
EXHIBIT A
Exhibit
NEW HANOVER COUNTY Book x.xx i page . , b
SURPLUS PROPERTY
MAY 18, 2009
VEHICLES:
Auction #
FA #
Vin #
Make
Model
Year
Mileage
11
2FAFP71W6XX107539
Ford
Crown Vic
1999
159,032
12
15952
2FAFP71W4YX42761
Ford
Crown Vic
2000
155,828
13
18015
2FAFP71W1XX238653
Ford
Crown Vic
1999
135,782
14
18478
1FAFP42X53F434834
Ford
Mustang
2003
116,997
15
17243
2MEFM75W8YX601270
Mercury
Gran Marquis
2000
128,935
16
18137
1G3NB52M9X6303282
Olds
Cutlass
1999
77,773
17
18252
2FAFP71W9YX173164
Ford
Crown Vic
2000
144,660
18
16909
2FAFP71W4WX131076
Ford
Crown Vic
1998
158,836
19
18167
2FAFP71WXXX175519
Ford
Crown Vic
1999
151,322
20
18194
1GKEK13T1YJ1155258
GMC
Yukon
2000
130,911
21
16751
2FAFP74W3XX22076
Ford
Crown Vic
1999
146,573
22
1P4G44R8VB467975
Plymouth
Voyager
1997
109,691
23
13724
1FTDF1729VKD59131
Ford
F-150 Truck
1997
111,117
24
15327
2FALP74W7VX202574
Ford
Crown Vic
1997
125,718
25
2FAFP71W6YX153941
Ford
Crown Vic
2000
111,310
EQUIPMENT:
Auction #
Fixed Asset #
Serial #
Description
1
1617512175
Red Air Compressor
2
1853
217931-995905
Green Air Compressor
3
(6) Deep Bowl Sinks
4
Desk
5
Balance Scale
6
Weight Equipment
7
File Cabinet
8
File Cabinet
9
File Cabinet/Drawer
10
2490
1480-1790
Genie Lift/300 lb Weight Capacity
26
Utility Trailer/ No Title
27
Utility Trailer/No Title
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Exhibit
Book )()()(I Page
AGENDA: May 18, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-231
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-231 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Men's Preventive Health
Expenditure:
Decrease
Increase
Health/Men's Preventive Health:
Supplies
$2,000
Total
$2,000
Revenue:
Decrease
Increase
Health/Men's Preventive Health.
Ministering Circle Grant
$2,000
Total
$2,000
Section 2: Explanation
To budget a grant award of $2,000 from Ministering Circle for the Health Department's Men's
Preventive Health program. The funds will be used to purchase office and medical screening
supplies; such as cholesterol screening supplies, drapes, and gloves. No County funds are 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 09-231, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of 12009.
ed Davis, r., Chair
AGENDA: May l8, 2009 Exhibit ((.,~,b
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book XXX Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-66
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-66 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$8,854
Total
$8,854
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$8,854
Total
$8,854
Section 2: Explanation
To budget receipts of $5,569 received 3/20 through 4/22/09, and $3,285 from GovDeals for sale of
vehicle purchased with Controlled Substance Tax Funds. Controlled Substance Tax funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
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 2009-66, amending the
annual budget ordinance ~ihhe fiscal year ending June 30, 2009, is adopted.
Adopted, this day of 12009.
NTy • ti__
~ (SEA
zo
Ted Davis, Jr., Cha' an
to
AGENDA: May 18, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-67
Exhibit
Book 1►,(X(Page- 1 .
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-67 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office
Ex enditure:
Decrease
Increase
Federal Forfeited Property:
Supplies
$12,999
Total
$12,999
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property
$11,433
Interest on Investments
1,566
Total
$12,999
Section 2: Explanation
To budget receipts of $5,382 received 4/17/09; $6,051 from GovDeals for sale of vehicles
purchased with Federal Forfeited Property funds; and $1,566 interest on investments from October
2008 through March 2009. Federal Forfeited Property funds are budgeted as received and must be
used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
O
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-67, amending the
annual budget ordinance for, the fiscal year ending June 30, 2009, is adopted.
NT~G ted, this day of , 2009.
x,
yy ~j
rally II <hi -
Ted Davis, Jr., Ch 'man
to the B
V
C
Exhibit
Book Xxx /i Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
APPOINTMENT OF NEW HANOVER COUNTY SHERIFF
WHEREAS, Sidney A. Causey has announced his retirement as Sheriff of New Hanover
County effective June 29, 2009; -nd
WHEREAS, pursuant to North Carolina General Statute Chapter 162, the Executive
Committee of the New Hanover County Democratic Party has recomm--nded Chief
Deputy Edward J. McMahon for the next Sheriff of New Hanover County; and
WHEREAS, the Board of County Commissioners has the responsibility to accept the
recommendation of the Democratic Party and to set the Sheriff's salary.
NOR', THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners appoints Chief Deputy Edward J. McMahon as Sheriff of New Hanover
Countv effective June 30, 2009, with an annual salary specified by the Board of County
Commissioners.
ADOPTED this the 18"' day of May, 2009.
NEW HANOVER COUNTY
1-1 -
7a I"
ao) a -
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
e~ _ _ Vic
! NEW HANOVER COUNTY BOARD OF COMMISSIONERS
~I
Resolution Endorsing the Make A Change I ellom, Meter Project
in Connection with the Ten-Year Plan to End Chronic Homelessness
Exhibit
Book2al "
[I.
WHEREAS, the Ten-Year Plan to End Chronic Homelessness wishes to begin an
educational and fundraising project amled at redirecting efforts to aid homeless
individuals and prevent use of donations to obtain illicit materials; and
WHEREAS, the Make A Change Yellow Meter Project was borne from this wish; and
WHEREAS, the Make A Change Yellow Meter Project aims to reduce panhandling,
reduce the amount going to fuel substance abuse, and increase operating funds for
approved Ten-Year Plan projects; and
WHEREAS, the Make A Change Yellow Meter Project will discourage panhandling by
strategically placing specially designed parking meters in locations where panhandling
has been an issue; and
WHEREAS, the Make A Change Yellow Meter Project will encourage the public to put
quarters in those meters instead of giving money directly to panhandlers; and
WHEREAS. quarters deposited into the special meters will be donated to the Ten-Year
Plan to End Chronic Homelessness to be spent on projects identified in the plan, and
WHEREAS, the New Hanover County Board of Commissioners heard from the Ten-
Year Plan at its April 20, 2009 meeting; and
WHEREAS, the New Hanover County Board of Commissioners does believe the Make
A Change Yellow Meter Project can have some effect in helping end chronic
homelessness in the Cape Fear Region.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners endorses the Make A Change Yellow Meter Project and directs the
County Manager to coordinate efforts with the Ten-Year Plan to identify locations for
strategic deployment of Make A Change Yelloll, Meters.
ADOPTED this the IS"' day of May, 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., C innan
ATTEST:
N\,
Sheila L Sehult, Cleric to the Board
1j
Exhibit
Book X~ l Page _t___
NEI'L' HANOVER COUNTY BOARD OF COMMISSIONERS
WORKFORCE DEVELOPMENT PROFESSIONALS MONTH
PROCLAMATION
WHEREAS, the economic development of every region in North Carolina and the ability of our
businesses and industries to compete in the global economy is more than ever before dependent
on the availability and quality of a skilled workforce; and
WHEREAS, the complexity and fast-paced changes in our economy and labor markets puts new
demands on individuals and employers at all levels; and
WHEREAS, fob seekers need the assistance of knowledgeable and dedicated professionals to
facilitate the process by which our workforce identifies, prepares for, obtains and maintains
employment and self-sufficiency; and
WHEREAS, employers depend on similar levels of professional services to help them recruit
and retain a competitive workforce and to continually upgrade the skill sets of their incumbent
employees.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2009 be recognized as "Workforce Development Professionals Month"
in New Hanover County as they join with the North Carolina Commission on Workforce
Development to honor individuals in all the workforce development organizations and
partnerships who play a vital role in our economy.
ADOPTED this the 18"' day of May, 2009.
NEW HANOVER COUNTY
rLJ___)5_a a
Ted Davis, Jr., Chai n
AT'T'EST:
Sheila L. Schult, Clerk to the Board
w
N!
001-
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WOMEN OF ACHIEVEMENT MONTH
Exhibit
PROCLAMATION Book XXX ► t Page
WHEREAS, women are prominent business owners and officials in our community; and
WHEREAS, women hold executive positions and provide leadership to achieve success for
businesses and organizations, and
WHEREAS, women are primary caregivers to family members in addition to their roles in the
public sector; and
WHEREAS, many of these women's accomplishments have benefited our area's business,
educational, service, cultural, and volunteer endeavors; and
WHEREAS, women's achievements have brought positive change and collectively rewarded us
all with an improved quality of life; and
WHEREAS, in recognition of these accomplishments the 25"' Annual YWCA Cape Fear
Women of Achievement Awards will be held in historic Thalian Hall on May 22, 2009.
NO'"', THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2009 be recognized as "Women of Achievement Month" in New
Hanover County.
ADOPTED this the 18"' day of May, 2009.
NEW HANOVER COUNTY
Cdr
Ted Davi , Jr., Ch irman
ATTEST: Sheila L. Schult, Clerk to the Board
V
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
!FOSTER CARE AWARENESS MONTH
Exhlbli
PROCLAMATION Book -AM II page lL
WHEREAS, in New Hanover County there are approximately 350 children of all ages in custody of
the Department of Social Services; and of those children over half reside in foster homes, group
homes and hospitals, and
WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing
family environments, and
WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture
the bodies and spirits of the children in our charge while our social workers support parents in
building on their strengths to provide safe, permanent homes for their children to return; and
WHEREAS, foster parents frequently adopt their foster children, which results in a continual need
for more foster families; and
WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we publicly
recognize the tremendous contribution made by foster parents, numerous individuals and public and
private organizations to the child welfare system and to the lives of the young somehow entangled in
that system
NOW, THEREFORE, BE IT PROCLAIMED by the Neu, Hanover County Board of
Commissioners that May 2009 be recognized as "Foster Care Awareness Month" in New Hanover
County; and
BE IT FURTHER PROCLAIMED THAT the New Hanover County Board of Commissioners, in
recognition of Foster Care Month, thanks all foster mothers and foster fathers for then commitment
of time and talents to these precious children and encourages all citizens to celebrate the
contributions of foster parents and child welfare professionals The New Hanover County Board of
Commissioners further encourages the community, businesses, faith-based organizations and families
to participate in efforts to recruit and support foster families in New Hanover County.
ADOPTED this the 18"' day of May, 2009.
NEW HA IVER COUNTY
Ted Davis, Jr, Chai an
6.TTF,ST
_-'~"`~-~:-yip
Sheila L Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
MAY IS MENTAL HEALTH MONTH Exhibit
PROCLAMATION Book .=1 iI Page
WHEREAS. mental health is essential to everyone's overall physical health and emotional well-being:
and
WHEREAS, mental illness will strike one in four adults in a given year regardless of age, gender, race.
ethnicity, religion or economic status; and
WHEREAS, many people who have mental illness can recover and lead full, productive lives, but the
stigma surrounding mental illness can prevent people from seeking the medical attention they need; and
WHEREAS, all Americans, including combat veterans and hurricane victims, are vulnerable to chronic
mental health problems associated with trauma and can benefit greatly from early identification and
treatment; and
WHEREAS, an estimated two-thirds of adults and young people who have mental health disorders are
not receiving the help they need and nearly 30,000 American lives are lost each year to suicide and
mental illness, and
WHEREAS, the cost of untreated and mistreated mental illness and addictive disorders to American
businesses, governments and families has grown to over $100 billion annually; and
WHEREAS, community-based services that respond to the needs of the individual and family are cost-
effective and beneficial to consumers and the community; and
WHEREAS, Mental Health Month is observed every May nationwide by advocacy organizations to raise
awareness and understanding of issues related to mental health and to eradicate the stigma associated with
seeking mental health services
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 2009 be recognized as "Mental Health Month" in New Hanover County. The Board calls upon
the citizens, government agencies, public and private institutions, businesses, and schools in New
Hanover County to recommit to increasing awareness and understanding of mental illness and the need
for accessible services for all people who suffer from mental disorders.
%qa
ADOPTED this the 18t" day of May, 2009.
NEW HANOVER COUNTY
rv ~14~ a, -
Ted Davis, fr.., an
ATTJIST.
Sheila L Schult, Clerk to the Board
Joel Macon
Mayor
Alan Gilbert
Councilman
Jerry Johnson
Councilman
TOWN OF CAROLINA BEACH
1121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
910 458 2978
FAX 910 458 2997
May 14, 2009
Chairman Ted Davis, Jr.
203 Government Center Drive
Wilmington, NC 28403
Dear Chairman Davis and Commissioners,
Dan Wilcox
Mayor Pro Tem
Pat Efird
Councilwoman
Timothy Owens
Town Manager
Exhibit
Book AM I Page li .
The Town of Carolina Beach discussed the pros and cons of moving forward or not moving
forward with the pending New Hanover County 2011 revaluation at their regular meeting on
May 12, 2009. After much discussion, the Town Council voted to recommend that the County
Commissioners consider moving forward with the revaluation.
Thank you for all of the hard work that you do for the residents of Carolina Beach and New
Hanover County. If you have any questions, please contact me at (910) 458-2996.
Sincerely,
4011 $or 0 A
Joel Macon
Mayor
Exhibit
Book . Page 12. a-
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
A RESOLUTION BY THE NEW HANOVER COUNTY
BOARD OF COMMISSIONERS TO AMEND NEW HANOVER REGIONAL MEDICAL
CENTER REVENUE BONDS SERIES 2006
WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North
Carolina (the "County") adopted a Bond Order on October 6, 1993, as supplemented by a first
supplemental bond order adopted by the Board on February 5, 1999, and a second supplemental
bond order adopted by the Board on December 7, 2005 (collectively, the "Bond Order"), which
authorizes, among other things, the issuance of the County's hospital revenue bonds; and
WHEREAS, the Board adopted a Series Resolution on September 5, 2006 (the "Series
Resolution") pursuant to which the County issued its $60,000,000 Variable Rate Hospital
Revenue Bonds (New Hanover Regional Medical Center Project) Series 2006A (the "Series
2006A Bonds"), of which $60,000,000 remain outstanding, and $60,000,000 Variable Rate
Hospital Revenue Bonds (New Hanover Regional Medical Center Project) Series 2006B (the
"Series 2006B Bonds" and, together with the Series 2006A Bonds, the "Series 2006 Bonds"), of
which $60,000,000 remain outstanding, to provide funds to acquire, construct and equip
improvements to the health care facilities owned by the County; and
WHEREAS, the County has deemed it advisable to convert all of the Series 2006 Bonds to a
Fixed Rate Mode pursuant to Section 210(B) of the Series Resolution;
WHEREAS, the County has determined that the conversion of the Series 2006 Bonds is in the
best interests of the County;
WHEREAS, in connection with the conversion of the Series 2006 Bonds, the County and the
New Hanover Regional Medical Center (the "Corporation") desire to effect certain amendments
to the Series Resolution pursuant to Section 901 thereof and Section 1002 of the Bond Order;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of
New Hanover, North Carolina:
ARTICLE I.
DEFINITIONS ALL CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE
DEFINED SHALL HAVE THE MEANINGS ASSIGNED TO SUCH TERMS IN THE BOND
ORDER AND THE SERIES RESOLUTION.
ARTICLE II.
AMENDMENTS TO THE SERIES RESOLUTION
Section 2.1. Definitions. Section 101 of the Series Resolution is amended as follows:
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(a) The following definitions are added:
"Debt Service Reserve Fund" means the County of New Hanover Debt Service
Reserve Fund, Series 2006 created pursuant to Section 512 of this Series Resolution.
"Debt Service Reserve Fund Requirement" means the least of (i) the Maximum
Annual Debt Service Requirement for the Series 2006 Bonds, (ii) 125% of the average
annual Long-Term Debt Service Requirement for the Series 2006 Bonds and (iii) ten
percent (10%) of the stated principal amount (or issue price minus pre-issuance accrued
interest, if the Series 2006 Bonds have more than a de minimis amount of original issue
discount or premium determined on the basis of initial offering prices to the public) of the
Series 2006 Bonds, the dollar amount of which shall be set forth in the Issuance, Sale and
Closing Certificate.
"Issuance, Sale and Closing Certificate" means the certificate of the Finance
Director filed pursuant to this Series Resolution with the Trustee, at the direction of the
Corporation, on the date the Series 2006 Bonds are converted to the Fixed Rate Mode
setting forth certain details of the Series 2006 Bonds and other terms and provisions
relating to the sale and reoffering of the Series 2006 Bonds as provided for herein
together with such other details, terms and provisions as the Finance Director may
determine in order to effect and facilitate the conversion to the Fixed Rate Mode.
"Principal Account" means the account by that name created in the Bond Fund
under Section 502 hereof.
(b) The definition of "Maturity Date" is amended to read as follows:
"Maturity Date" means with respect to any Series 2006 Bonds upon change to the
Fixed Rate Mode, such maturities as are determined pursuant to Section 302(B) hereof.
Section 2.2. Amendment to Section 210(B). The first paragraph of Section 210(B) is
hereby amended and restated to read as follows:
(B) Change to Fixed Rate Mode. At the option of the County, upon the direction of
the Corporation, any Series of the Series 2006 Bonds not already in the Fixed Rate Mode may be
changed to the Fixed Rate Mode, at a discount or premium of the principal amount thereof, as
provided in this Section 210(B). Not less than 45 days (or such shorter time as may be agreed to
by the Trustee, the Remarketing Agent and the Auction Agent) before the proposed Mode
Change Date, the Corporation shall give written notice to the Trustee, the County, the Tender
Agent (if any), the Auction Agent (if any), the Broker-Dealers (if any), the Local Government
Commission, the Liquidity Facility Provider (if any), the Remarketing Agent (if any) and each
Rating Agency then rating the Series 2006 Bonds proposed to be changed to the New Mode
stating that the Mode will be changed to the Fixed Rate Mode and setting forth the proposed
Mode Change Date. Such notice shall be accompanied by an approval in writing of the change
to the Fixed Rate Mode by the Bond Insurer. Any such change in Mode shall be made as
follows:
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Section 2.3. Amendment to Section 210(B)(5). Section 210(B)(5) is hereby amended
and restated to read as follows:
(5) Firm Underwriting or Purchase Contract. Prior to the conversion to the
Fixed Rate Mode, a firm underwriting or purchase contract from a recognized firm of
bond underwriters or recognized institutional investors to underwrite or purchase all
Series 2006 Bonds proposed to be changed to the Fixed Rate which are to be converted
on such Mode Change Date at such purchase price agreed to by the County, Corporation
and the Local Government Commission, which purchase price may be at a discount or
premium, which contract may be subject to conditions to purchase, shall be provided to
the County, the Local Government Commission and the Corporation. To the extent that
the Series 2006 Bonds are sold at a purchase price, which results in a net discount, then
the County shall pay such differential amount resulting from the net discount to the
Tender Agent on the Conversion Date from funds provided by the Corporation under the
Lease Agreement.
Section 2.4. Amendment to Section 301(B)(2). Section 301(B)(2)(b) is hereby
amended and restated to read as follows:
(b) In addition to the redemption provision described in (a) above, Series
2006 Bonds in a Term Rate Mode or the Fixed Rate Mode shall be subject
to redemption at the direction of the Corporation in the manner and upon
the terms set forth in the Issuance, Sale and Closing Certificate.
Section 2.5. Amendment to Section 302(A). Section 302(A) is hereby amended and
restated to read as follows:
(1) The Series 2006A Bonds shall be redeemed pursuant to mandatory sinking fund
redemption on October 1 in the year or years and principal amounts as set forth in the Issuance,
Sale and Closing Certificate, at a Redemption Price equal to 100% of the principal amount of
such Series 2006A Bonds to be redeemed, plus accrued interest to the Redemption Date.
(2) The Series 2006B Bonds shall be redeemed pursuant to mandatory sinking fund
redemption on October l in the year or years and principal amounts as set forth in the Issuance,
Sale and Closing Certificate, at a Redemption Price equal to 100% of the principal amount of
such Series 2006B Bonds to be redeemed, plus accrued interest to the Redemption Date.
Section 2.6. Amendment to Section 302(B)(2). Section 302(B)(2) is hereby amended
and restated to read as follows:
(2) The Remarketing Agent shall set the interest rate on each converted Series
2006 Bond of a particular Series, if any, and maturity at the lowest interest rate that will
enable such Series 2006 Bond upon conversion to be remarketed on the first day of the
Fixed Rate Period, as the case may be, at the purchase price, taking into account the
original issue premium or discount, if any, the maturity of such Series 2006 Bond and the
Sinking Fund Account payments, if any, to be made with respect to converted Series
2006 Bonds of such maturity that will result in the overall lowest interest cost to the
County.
Page 3 of 6
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Section 2.7. Amendment to Section 5.02(A). Section 502(A) is hereby amended and
restated to read as follows:
(A) The New Hanover County 2006 New Hanover Regional Medical Center Revenue
Bond Fund in which there are established three special accounts to be known as the Interest
Account, the Principal Account and the Sinking Account; and
Section 2.8. Amendment to Section 503. Section 503 is hereby amended and restated
to read as follows:
Interest Account; Principal Account.
(A) The Interest Account shall be divided into subaccounts for each Series of the
Series 2006 Bonds.
On or prior to three Business Days next preceding each Interest Payment Date, the
Trustee shall deposit in the Interest Account an amount which will be equal to the interest to
become due on the Series 2006 Bonds on such Interest Payment Date less any amount of
Capitalized Interest from the Project Account to be transferred to the applicable subaccounts of
the Interest Account for the Series 2006 Bonds; provided, however, that no deposit pursuant to
this paragraph need be made to the extent that there is a sufficient amount already on deposit in
the Interest Account for that purpose. If sufficient funds to make the transfers described in this
Section 503 are not available in the Bond Fund on the third Business Day preceding an Interest
Payment Date, the Trustee will give Immediate Notice thereof to the County, Corporation, the
Local Government Commission and the Bond Insurer, promptly confirmed in writing. At the
time of such notice, if the interest rate for all Interest Periods in the Interest Payment Period
ending on such Interest Payment Date has not yet been determined, the Trustee shall use an
assumed interest rate of the Maximum Rate for the Series 2006 Bonds bearing interest in such a
Mode for the number of days during such period that such interest rate is not yet available.
In connection with any partial redemption or defeasance prior to maturity of the Series
2006 Bonds, the Trustee may, at the written request of the Corporation, use any amounts on
deposit in the Interest Account in excess of the amount needed to pay the interest on the Series
2006 Bonds remaining outstanding on the first Interest Payment Date occurring on or after the
date of such redemption or defeasance to pay or provide for the payment of the principal of and
interest on the Series 2006 Bonds to be redeemed or defeased or as otherwise directed by the
Corporation if the Trustee and the Bond Insurer shall have received an Opinion of Bond Counsel
to the effect that such transfer will not, in and of itself, adversely affect the validity or
enforceability of the Series 2006 Bonds or result in the inclusion of interest on the Series 2006
Bonds in gross income for federal income tax purposes.
(B) The Principal Account shall be divided into subaccounts for each Series of the
Series 2006 Bonds.
On or prior to three Business Days next preceding each October, the Trustee shall deposit
in the Principal Account, beginning on the date set forth in the Issuance, Sale and Closing
Certificate, such amounts as shall be sufficient to make full and timely payments of the principal
of all serial bonds due on the next ensuing October 1; provided, however, that no deposit
Page 4 of 6
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pursuant to this paragraph need be made to the extent that there is a sufficient amount already on
deposit in the Principal Account for that purpose. If sufficient funds to make the transfers
described in this Section 503 are not available in the Bond Fund on the third Business Day
preceding an Interest Payment Date, the Trustee will give Immediate Notice thereof to the
County, Corporation, the Local Government Commission and the Bond Insurer, promptly
confirmed in writing.
Section 2.9. Amendment to Article V. The following Section 512 is added:
Section 512. Application of Money in and Provisions Relating to the Debt Service
Reserve Fund. (a) There is hereby established with the Trustee the New Hanover County
2006 New Hanover Regional Medical Center Debt Service Reserve Fund:
(b) Amounts deposited in the Debt Service Reserve Fund shall be applied to
make deposits to the Series 2006 subaccounts of the Interest Account, the Principal
Account and the Sinking Fund Account to remedy any deficiency therein as of any
Interest Payment Date, principal payment date or sinking fund payment date, as
applicable, with respect to the Series 2006 Bonds as provided in this Series Resolution.
(c) Any deficiency in the Debt Service Reserve Fund resulting from the
withdrawal of moneys therein shall be made up over the twelve month period
immediately following the month in which the withdrawal is made by monthly deposits
of one-twelfth (1/12) of the amount of the deficiency.
(d) Unless a letter of credit, surety bond or similar instrument shall be on
deposit in the Debt Service Reserve Fund, if on any date of valuation pursuant to Section
603, the amount on deposit in the Debt Service Reserve Fund is less than 90% of the
Debt Service Reserve Fund Requirement, the County shall deposit, from funds provided
to it by the Corporation, in the Debt Service Reserve Fund monthly one-twelfth (1/12) of
the amount required as of such date to bring the amount then on deposit in the Debt
Service Reserve Fund up to the Debt Service Reserve Fund Requirement. Any such
deficiency may be satisfied through the deposit of additional monies or the providing of
an additional, or increase in a letter of credit, surety bond or similar instrument.
Section 2.10. Amendment to Exhibit A to the Series Resolution. The form of the
Series 2006 Bonds attached as Exhibit A to the Series Resolution is hereby amended and restated
in its entirety in the form attached as Exhibit A to this First Amendment to the Series Resolution.
ARTICLE III.
MISCELLANEOUS
Section 3.1. Effectiveness of First Amendment to Series Resolution. This First
Amendment to Series Resolution shall be effective on the date the Series 2006 Bonds are
converted to the Fixed Rate Mode and when (i) consent of the Bond Insurer, as defined in the
Series Resolution has been obtained as required by Section 1103 of such Series Resolution, and
(ii) consent of the Local Government Commission has been obtained as required by Section 901
Page 5 of 6
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NYC 690356.2
of the Series Resolution. Except as expressly amended by this First Amendment to Series
Resolution, the Series Resolution shall remain in full force and effect.
ADOPTED, this the J day of May 2009.
NEW HANOVER COUNTY
T'd aj q
Ted Davis, Jr., Chai an
ATTEST:
Sheila Schult, Clerk to the Board
Page 6 of 6
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Exhiblt
Book .I&II Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
A RESOLUTION AUTHORIZING THE CONVERSION TO A FIXED RATE MODE AND
SUBSEQUENT SALE OF VARIABLE RATE HOSPITAL REVENUE BONDS (NEW
HANOVER REGIONAL MEDICAL CENTER PROJECT) SERIES 2006A AND SERIES
2006B AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN
CONNECTION THEREWITH
WHEREAS, the Board of the County desires to authorize the conversion of the Bonds to a Fixed Rate Mode and
subsequent sale thereof as this will be in the County's best interest;
WHEREAS, in connection with the conversion of the Bonds to the Fixed Rate Mode, the Board desires to authorize
the execution and delivery of the documents referred to above;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County as follows:
All actions heretofore taken by the County Manager, the Finance Director and the County Attorney effectuating the
conversion of the Bonds and the execution and delivery of the documents related thereto are hereby ratified,
confirmed and approved in all respects.
Each of the Purchase Agreement and the Sixth Lease Amendment, in the form submitted to this meeting, is hereby
approved, in substantially such form and the Chairman or Vice Chairman of the Board, the County Manager, the
Finance Director, the County Attorney and the Clerk to the Board are each hereby authorized and directed to execute
and deliver each of those documents on behalf of the County, with such changes, insertions or omissions as they
may approve with the advice of counsel.
Each of the Preliminary Official Statement and the final Official Statement in the form of the Preliminary Official
Statement submitted to this meeting, is hereby approved, in substantially such form, with such changes, insertions
and omissions as appropriate, and the use thereof in connection with the remarketing and offering of the Bonds is
hereby authorized. The Chairman or Vice Chairman of the Board and the County Manager, the Finance Director and
the County Attorney are hereby authorized and directed to effectuate the distribution, on behalf of the County, the
final Official Statement in substantially such form, with such changes, insertions and omissions as they may approve
with the advice of counsel.
The County Manager and the Finance Director are hereby authorized to approve the terms of the Bonds converted to
the Fixed Rate Mode (to be set forth in the Issuance, Sale & Closing Certificate as defined in the Series Resolution,
as amended) including but not limited to, the amounts of maturities thereof, the redemption provisions thereof and
the interest rates thereon; provided that: the final maturity date of the converted Bonds shall be no later than October
1, 2031; and the effective interest rate thereon shall not exceed 5.94%.
The Chairman or Vice Chairman of the Board, the County Manager, the Finance Director, the Clerk to the Board,
and the County Attorney are hereby authorized to take any and all such further action and to execute and deliver
such other documents as may be necessary or advisable to carry out the intent of this Resolution and to effect the
conversion of the Bonds to the Fixed Rate Mode, including without limitation, entering into tax compliance
certificates, supplements and agreements.
That this Resolution shall become effective on the date of its adoption.
ADOPTED, this the 18th day of May 2009.
O
'ITV
n~
O
I9
NEW HANOVER COUNTY
Ted Davis, Jr., Ch an
ATTEST:
Sheila Schult, Clerk to the Board