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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 z t4TY C> 0 z! 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 Exhibit Book . 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O) 41 E E c > 2 C O C ` - 3 « 'O E a Q Q H Q u O U ° LA U F - u T f0 G ~ 7 O v w ILn O H O t t'i a.+ N C ~ u m c c 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: Page 1 of 6 dm (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: Page 2 of 6 dm 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 dm 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 dm 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 dm 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 dm 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