2003-02-17 RM Exhibits228.7.6
NEW HANOVER COUN1Y
BOARD OF COMMISSIONERS
RESOLUTION
Proclaiming March 2003
Women's History Mo~th
WHEREAS, in March 2001, the New Hanover Commission for Women
unveiled the Women's Work booklet, featuring local women in history in a whole
variety of professions as diverse as politics, farming and media; and
WHEREAS, in March 2002, the Commission held a workshop with New
Hanover County School Staff to put together the lesson plan booklet and CD for use
in history classes; and
WHEREAS, on March 15, 2003, the Commission will hold an information
fair entitled, Women Alive 2003: Health, Harmony, and Success. ThE
purpose of the fair is to offer a variety of resources helpful to women, includins
childcare, finance and health. The fair will be held from 10:00 a.m. to 5:00 p.m. ai
Westfield Shoppingtown. Independence.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County
Board of Commissioners proclaims March 2003 as "Women's History Month" in
New Hanover County.
ADOPTED this the 17th day of February, 2003.
iíTº~Q: Chairman
ATTEST: , ,.. / ,
nP"V~)
~ Harrell, Clerk to the Board
28.7.7
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the radIO eqUIpment to be used With the Motorola SmartNet 800 MHZ trunkmg
radIO system used by the County IS umque to and can only be obtamed from Motorola, Inc ,
AND WHEREAS, General Statute 143-129(f) allows an exemptIOn from formal bIddmg for
purchase contracts when a needed product IS aVaIlable from only one source of supply,
AND WHEREAS, the staff establIshed a term contract wIth Motorola, Inc , contract # 97 -0205,
as a convemence contract for the County to be aVaIlable to the County as needed to purchase radIOs,
AND WHEREAS, contract # 97-0205 was renewed m Apn11999, Apn12001, and February
2002 upon the same terms and condItIOns except the pncmg component was updated and now It IS tIme
for the contract to be renewed agam,
AND WHEREAS, the renewal of contract # 97 -0205 does not reqUIre any purchases, It IS a term
contract for the County's use when and If radIO purchases are needed,
AND WHEREAS, many state and local entItIes are on sImIlar term contracts WIth Motorola,
Motorola reqUIres all contracts to be on a calendar year,
AND WHEREAS, contract provIsIOns of contract # 97 -0205 would remam the same except the
pncmg component would be updated wIth a current pncmg proposal from Motorola and the term would
extend through December 31,2003,
AND WHEREAS, the Emergency Management DIrector, the Fmance DIrector, and the County
Manager recommend that the contract be renewed wIth Motorola, Inc, the sole source for thIS
eqUIpment,
NOW, THEREFORE, BE IT RESOLVED by the Board of County CommIssIOners of New
Hanover County that the contract # 97 -0205 for radIO eqUIpment, IS renewed and awarded to Motorola,
Inc , and that the County Manager IS hereby authonzed and dIrected to execute the contract, contract
form to be approved by the County Attorney
ThIS 17th day of February, 2003
(SEAL)
1{h~a-~f County CommIssIoners
28.7.8
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County FIre DIstnct has a surplus 1977 Ford PIerce Pumper
located at the New Hanover County FIre Department StatIOn # 51, VehIcle IdentIficatIOn #
D80DVY92229,
AND WHEREAS, the Old Dock/Cypress Creek Volunteer FIre Department has offered to
purchase the surplus umt for two thousand dollars ($2,000 00),
AND WHEREAS, a budget amendment # 03-0126 has been prepared to provIde for proper
accountmg of the transactIOn and IS submItted for approval,
AND WHEREAS, the County Manager, the Fmance Director, and the County Fire Chief
recommend approval ofthe sale,
AND WHEREAS, pursuant to General Statute 160A-267, the County Board of CommIssIOners
IS authonzed to approve such sale,
NOW, THEREFORE, BE IT RESOLVED by the Board of County CommIssIOners of New
Hanover County that the surplus 1977 Ford PIerce Pumper be sold to the Old Dock/Cypress Creek
Volunteer Fire Department through a pnvate sale pursuant to G S 160A-267 for two thousand dollars
($2,000 00) and budget amendment # 03-0126 budgetl11g the proceeds from the sale IS approved and that
the County staff IS dIrected to process any reqUIred documents to consummate the transactIOn
This 17th day of February, 2003
(SEAL)
Í&æfbDrcounty CommIsSIoners
28.7.9
CONSENT AGENDA
DATE
ITEM NO
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 1/31/03
CURRENT TAX YEAR - 2002
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
AD VALOREM
$ 104,590,76269
4,147,44664
24U4289
$ 108,496,86644
MOTOR VEHICLE
$ 6,160,47122
11,369 25
69,664 85
$ 6,102,17562
ADVERTISING FEES CHARGED
LISTING PENAL TIES CHARGED
CLEANING LIENS CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENT AGE COLLECTED
00
94,561 52
00
$ 108,591,42796
- 101,953,298 16
$ 6,638,129 80
93 89%*
$
00
00
00
6,102,17562
4,493,889 76
1,608,285 86
7364%*
$
BACK TAXES
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENT AGE COLLECTED
$ 4,109,991 72
99,759 14
177,713 08
$ 4,032,037 78
1,510,48294
$ 2,521,55484
3746%
RENTAL VEHICLE TAX COLLECTIONS
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
$
JAN 2003
17,57545
83,390 68
155 50
$
FISCAL YTD
146,680 39
1,904,11669
11,376 72
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON,
WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $157,290,581 82
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002
RESPECTFULLY SUBMITTED,
1)', {}-
- Á- rn (,If..; ^. \) ~'-J nr-J
PATRICIA J RA¥MOR
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENT AGE - 92 81 %
28.7.9
CONSENT AGENDA
DATE:_________
ITEM NO.______
NEw HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 01/31/03
CURRENT TAX YEAR - 2002
--------------~~-----~-
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADOED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
.-----------
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDEO
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
THIS REPORT IS FOR FISCAL YEAR 8EGINNING
RESPECTFULLY SU8MITTED,
CV t-m I ~ I... 91. -~-A\j"'OI"
PATRICIA J. RAYNOR . \i
COLLECTOR OF REVENUE
--..-------------
AD VALOREM
t 2,610,119.32
141,128.16
50,419.80-
...-------------
$ 2,166,821.68
2,411.83
-------....------
$ 2,169,305.51
2,612,665.44-
-----.......-----..
$ 156,640.07
94.34%*
98,980.41
4,209.96
6,656.95-
---------------
$ 96,533.42
36,111.98-
-~.._------------
$ 60,415.44
37.42%
JULY 1, 2002.
* COMBINED COLLECTION PERCENTAGE - 93.05%
MOTOR VEHICLE
---------------
$
199,108.24
583.68
2,223.82-
---------------
$ 191,468.10
.00
...-.-----------
$
191,468.10
141,902.66-
...------.------
$ 49,565.44
14.90%*
28.7.10
72 {j 2<6. 7, /0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION LEVYING THE THIRD ONE-HALF PERCENT (1/2%)
LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD
OF DISTRIBUTION OF THE PROCEEDS WITHIN NEW HANOVER COUNTY
WHEREAS, the General Assembly has authorized the New Hanover County Board of
COllli11lSSIOners to levy a one-half percent (1/2%) local sales and use tax by enacting N C G S
105-517(b) m SectIOn 34 14(a) of SessIOn Law 2001-424, and,
WHEREAS, the New Hanover County Board of CommissIOners held the publIc heanng
on the issue of adoptmg tills resolution on July 8, 2002, as reqUIred by N C G S 1 05-517(b) and
proper publIc notIce of the Board's mtent to consIder tills resolution was provIded as reqUIred by
N C G S 105-517(b), and,
WHEREAS, the General Assembly levIed a one-half percent (1/2%) State sales tax
effective October 16,2001, by enactmg SectIOn 34 14(a) of SessIOn Law 2001-424, and this tax
explres July 1, 2003, the same day the sales and use tax levIed hereby becomes effectIve, and as
a result the Board's actIOn herem will not result m an mcreased sales and use tax for the
consumer, and,
WHEREAS, New Hanover County lost $45 mIllIon In funds made avaIlable by the
State of North Carolma to replace revenue lost because of legislatIve actIOn (1) to repeal sales
taxes Imposed on purchases made wIth Food Stamps, (2) to repeal property taxes Imposed on
Inventones held by manufacturers, retaIlers, and wholesalers, (3) to repeal taxes on intangible
personal property, and, (4) to reduce taxes levied on resIdentIal property owned by low-income
elderly taxpayers, and,
WHEREAS, the New Hanover County Board of COffiffi1SSIOners hereby finds that,
partIcularly in lIght of the CIrcumstances cited herem, the levy of the Third One-Half Percent
(1/2%) Local Government Sales and Use Tax IS necessary to adequately finance the operatIOns
of the County and the cIbes and towns herem
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of
COl11111lSSIOners
(1) Imposes and levIes wIthm New Hanover County the Third One-Half Percent (1/2%)
Local Government Sales and Use Tax authonzed by SectIOn 34 14(a) of SesslOn Law 2001-424
and codified as ArtIcle 44 of Chapter 105 of the General Statutes of North CarolIna The tax
shall apply to the same extent and be subject to the same lImItatIOns as are set forth in smd
SessIOn Law 2001-424
"
(2) Collection of the tax by the North Carolina Secretary of Revenue, and habIlIty
therefore, shall begm and continue on and after July 1, 2003
(3) The net proceeds of the tax levIed herein would be dIstributed by the Secretary of
Revenue on a monthly basIs to New Hanover County as prescnbed by N C G S 105-520 The
amount dIstnbuted to New Hanover County would be dIvIded among the County and the
murucipahtIes herem m accordance wIth the method by whIch the one percent (1%) sales and
use taxes levIed m New Hanover County pursuant to ArtIcle 39 of General Statutes Chapter 105
are dIstnbuted
(4) ThIs ResolutIOn IS effectIve upon ItS adoption, and a certIfied copy hereof shall be
forwarded to the North Carolma Secretary of Revenue
Adopted thIs 17th day of February 2003
ÍJ (1(}.
Ted DavIs, Jr , Chalfffian
('~-,,,:/ ;;x/~
Lue F Harrell, Clerk to the Board
28.7.11
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA, APPROVING THE INSTALLMENT FINANCING
AND/OR REFINANCING OF WATER AND SEWER, FIRE STATION,
ADMINISTRATION BUILDING AND AIRPORT PROJECTS AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH
WHEREAS, the Board of CommIssIOners (the "Board") of the County of New Hanover,
North Carolma (the "County"), desIres to provIde for the acqUIsItIOn, constructIOn, renovatIOn and
eqUIppmg of certam water and sewer, fire statIOn, admmIstratIOn bUIldmg and aIrport projects
(collectIvely, the "FacIlItIes"), and
WHEREAS, the Board proposes to finance and/or refinance the cost of the FacIlItIes through
an mstallment financmg agreement (the "Contract") wIth the New Hanover County Fmancmg
CorporatIOn, WIlmmgton, North Carolma (the "CorporatIOn"), oblIgatmg the County to repay m
mstallments the amount financed and/or refinanced at a fixed annual mterest rate of not more than
7% over a term not exceedmg 26 years, resultmg In a total amount financed and/or refinanced not
to exceed $42,000,000 (excludIng reserves and costs of Issuance), and
WHEREAS,pursuanttotheNorthCarolInaGeneraIStatutes("N C G S ")SectIOn 160A-20,
the County IS authorIzed to finance and/or refinance the cost of the acqUIsItIOn, construction,
renovatIOn and eqUIppmg of the FacIlItIes by entenng mto the Contract and a deed of trust, whIch
create m all or a portIOn of the FacIlItIes and the sItes on whIch they are located, a secunty mterest
to secure payment of the oblIgatIOn thereby created, and
WHEREAS, subject to the pnor approval of the Local Government CommIssIOn of North
Carolma (the "LGC") pursuant to N C G S SectIOn 159-148, the County mtends to finance and/or
refinance the cost of the FacIlItIes pursuant to SectIOn 160A-20 by executmg and delIvenng to the
CorporatIOn the Contract facIlItatmg such financmg and/or refinancmg, and
WHEREAS, the County staff has advIsed the Board, and the Board hereby finds and
determmes, that the County must acqUIre, construct, renovate and eqUIp the FacIlItIes m order to
mamtaIn and enhance the County's governmental/admmIstratIve facIlItIes to enable the County to
perform Its publIc functIOns, and that the FacIlItIes wIll benefit the County and ItS resIdents, and
WHEREAS, the Board conducted a publIc heanng on the date hereof to receIve publIc
comment on the desIrabIlIty of mstallment financmg and/or refinancmg for the FacIlItIes and cetam
sItes thereof, and the Board receIved eVIdence supportmg the need for such financmg and/or
refinancmg, and
WHEREAS, the Board finds and determmes that the undertakmg IS necessary and expedIent
for the aforesaId reasons and that the FacIlItIes and certam sItes thereof be financed and/or refinanced
under the terms, condItIOns and parameters heretofore stated and to be further determmed wIth more
partIcularIty at a later date by the County Manager or Fmance DIrector, and
WHEREAS, the sums to fall due under the Contract can be mcluded m the County's budget
wIthout dIfficulty, and
WHEREAS, the above factors lead to the conclusIOn that the payments under the Contract
are not exceSSIve for the stated purposes of acqumng, constructmg, renovatmg and eqUIppmg the
FaCIlItIes, as the case may be, and
WHEREAS, the County Attorney has advIsed the County that the FacIlItIes are authorIzed
by law and are purposes for whIch publIc funds may be expended pursuant to the ConstItutIOn and
laws of the State of North CarolIna, and
WHEREAS, the Board finds and determmes that short-term or pay-as-you-go financmg for
the FacIlItIes would Impose strams on the County's abIlIty to fund general operatIOns and educatIOn
wIthout a sIgmficant tax mcrease, and
WHEREAS, use of the County's unoblIgated fund balance to finance the cost of the
FacIlItIes would reduce the fund below the gUIdelInes establIshed by the LGC and would not be m
the County's best mterest, and
WHEREAS, mstallment contract financmg and/or refinancmg would be preferable to
general oblIgatIOn bond financmg because a general oblIgatIOn bond authonzatIOn probably could
not be perfected m a tImely manner and would not permIt the alternatIve financmg structures and
repayment provIsIOns aVaIlable m the proposed, negotIated mstallment contract financmg, and
WHEREAS, the proposed cost offinancmg and/or refinancmg the FacIlItIes and certam sItes
thereof IS too great an amount to be funded by current appropnatIOns, and
WHEREAS, the Board finds and determmes that mstallment contract financmg and/or
refinancmg IS therefore the most vIable and efficIent alternatIve and that the cost of such financmg
and/or refinancmg IS reasonable, and
WHEREAS, past audIt reports of the County mdIcate that ItS debt management and
contract oblIgatIOns payment polIcIes have been carned out m stnct complIance wIth the law and
the County has not been censured by the LGC, external audItors, or any other regulatory agencIes
m connectIOn wIth such management, and
WHEREAS, the Board estnnates that the County's ad valorem tax rate wIll not be
sIgmfIcantly mcreased m order to sustam the proposed financmg and/or refinancmg, and
WHEREAS, the County IS not m default m meetmg any of ItS debt servIce or contract
oblIgatIOns, and
WHEREAS, It IS the Board's mtentIOn to adopt thIS ResolutIOn for the purpose of
authorIzmg the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of the FacIlItIes, makmg certam
findmgs and determmatIOns wIth respect thereto and desIgnatmg certam financIal and legal
consultants m connectIOn therewIth
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as follows
SectIOn 1 The Board hereby finds and determmes m connectIOn wIth the Contract and
the transactIOns contemplated thereby that (a) such Contract IS necessary or expedIent to the County,
(b) such proposed Contract, under current circumstances, IS preferable to a bond Issue of the County
for the same purpose, (c) the sums estImated to fall due under such Contract are adequate and not
exceSSIve for Its proposed purpose, (d) the County's debt management procedures and polIcIes are
good and Its debt WIll contmue to be managed m stnct complIance wIth the law, (e) any mcrease m
taxes necessary to meet the sums estImated to fall due under the Contract WIll not be excessIve and
(f) the County IS not m default regardmg any of Its debt servIce oblIgatIOns
SectIOn 2 The Board hereby desIgnates the followmg legal and financIal consultants m
connectIOn wIth the proposed mstallment financmg
LeBoeuf, Lamb, Greene & MacRae, L L P , SpecIal Counsel
BB&T CapItal Markets, Managmg UnderwrIter
Banc of Amenca SecuntIes L L C, Co-Managmg UnderwrIter
FIrst-CItIzens Bank & Trust Company, Trustee
SectIOn 3
ThIS ResolutIOn shall become effectIve nnmedlately upon ItS adoptIOn
ThIS IS the 17th day of February, 2003
J;;7!Jf2l
Ted DavIs, Jr, Cha~an
28.7.11
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
The Board of CommIssIOners of the County of New Hanover (the "County") held a
meetmg at the HIstonc New Hanover County Courthouse, 24 North ThIrd Street, Room 301,
WIlmmgton, North Carolma on February 17, 2003 at 900 a m The followmg CommIssIOners
were
Present
Ted DavIs, Jr, ChaIrman
Robert G Greer, VIce-ChaIrman
WIllIam A Caster, CommIssIOner
JulIa Boseman, CommIssIOner
Nancy Pntchett, ComrmssIOner
Absent
None
Also present were
Allen O'Neal, County Manager
Wanda M Copley, County Attorney
LucIe F Harrell, Clerk to the Board
The ChaIrman announced that thIS was the hour, day and place fixed for the publIc
hearmg for the purpose of consIdenng whether the Board of CommIssIOners for the County (the
"Board") should approve a proposed mstallment financmg agreement under WhICh the County
would obtam financmg and/or refinancmg under SectIOn 160A-20 of the North CarolIna General
Statutes, as amended, for water and sewer, fire statIOn, admmIstratIOn bUIldmg and aIrport
projects (collectIvely, the" FacIlItIes"), as descnbed m the notIce of publIc heanng that was
publIshed on February 6, 2003 m the WIlmmgton Mornmg Star News, and under WhICh the
County would secure the repayment by It of moneys advanced pursuant to such mstallment
financmg agreement by grantmg a secunty mterest m a portIOn of the FacIlItIes and certam
related property
The County Manager and Fmance DIrector then descnbed the FacIlItIes as currently
proposed and presented a draft of an mstallment financmg agreement between the County and
New Hanover County Fmancmg CorporatIOn (the "CorporatIOn"), as well as certam other related
documents m the forms of drafts of an Indenture of Trust between the CorporatIOn and FIrst-
CItIzens Bank & Trust Company, as trustee, and a Deed of Trust and Secunty Agreement
between the County and a deed of trust trustee CopIes of these and other related documents
have been on file wIth the Fmance DIrector
The ChaIrman then announced that the Board would ImmedIately hear anyone who mIght
wIsh to be heard on such matters, and no one asked to be heard
The Clerk to the Board of CommIssIoners announced that no wntten statement related to
such matters had been receIved
Thereupon, the Board determmed to proceed wIth the proposed financmg and/or
refinancmg of the FacIlItIes and to approve such proposed mstallment financmg arrangement
Thereupon the ChaIrman announced that the public hearing was closed
Thereupon ComrmssIOner Caster mtroduced the followmg resolutIOn WhICh was read by
tItle, and moved It be adopted
"RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, APPROVING THE INSTALLMENT
FINANCING AND/OR REFINANCING OF WATER AND
SEWER, FIRE STATION, ADMINISTRATION BillLDING
AND AIRPORT PROJECTS AND MAKING CERTAIN
FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH
WHEREAS, the Board of CommIssIOners (the "Board") of the County of New Hanover,
North Carolma (the "County"), desIres to provIde for the acqUIsItIOn, constructIOn, renovatIOn
and eqUIppmg of certam water and sewer, fire statIOn, admmIstratIOn buIldmg and aIrport
projects (collectIvely, the "FacIlItIes"), and
WHEREAS, the Board proposes to finance and/or refinance the cost of the FacIlItIes
through an mstallment financmg agreement (the "Contract") wIth the New Hanover County
Fmancmg CorporatIOn, WIlmmgton, North Carolma (the "CorporatIOn"), oblIgatmg the County
to repay m mstallments the amount financed and/or refinanced at a fixed annual mterest rate of
not more than 7% over a term not exceedmg 26 years, resultmg m a total amount financed and/or
refinanced not to exceed $42,000,000 (excludmg reserves and costs of Issuance), and
WHEREAS, pursuant to the North Carolma General Statutes ("N C G S It) SectIOn
160A-20, the County IS authorIzed to finance and/or refinance the cost of the acqUIsItIOn,
constructIOn, renovatIOn and eqUIppmg of the FacIlItIes by entenng mto the Contract and a deed
of trust, whIch create m all or a portIOn of the FacilItIes and the sItes on WhIch they are located, a
secunty mterest to secure payment of the oblIgation thereby created, and
WHEREAS, subject to the pnor approval of the Local Government CommIssIOn of
North Carolma (the "LGC") pursuant to N C G S SectIOn 159-148, the County mtends to
finance and/or refinance the cost of the FacIlItIes pursuant to SectIOn 160A-20 by executmg and
delIvenng to the CorporatIOn the Contract facIlItatmg such financmg and/or refinancmg, and
WHEREAS, the County staff has advIsed the Board, and the Board hereby finds and
determmes, that the County must acqUIre, construct, renovate and eqUIp the FacIlItIes m order to
mamtam and enhance the County's governmental/admmIstratIve facIlItIes to enable the County
to perform ItS publIc functIOns, and that the FacIlItIes wIll benefit the County and ItS resIdents,
and
2
· .
WHEREAS, the Board conducted a publIc hearIng on the date hereof to receIve publIc
comment on the desIrabIlIty of Installment financmg and/or refinancmg for the FacIlItIes and
cetam sItes thereof, and the Board receIved eVIdence supportmg the need for such financmg
and/or refinancmg, and
WHEREAS, the Board finds and determmes that the undertakmg IS necessary and
expedIent for the aforesaId reasons and that the FacIlItIes and certam sItes thereof be financed
and/or refinanced under the terms, condItIOns and parameters heretofore stated and to be further
determmed wIth more partIculanty at a later date by the County Manager or FInance DIrector,
and
WHEREAS, the sums to fall due under the Contract can be mcluded m the County's
budget wIthout dIfficulty, and
WHEREAS, the above factors lead to the conclusIOn that the payments under the
Contract are not exceSSIve for the stated purposes of acqumng, constructmg, renovatmg and
eqUIppmg the FacIlItles, as the case may be, and
WHEREAS, the County Attorney has advIsed the County that the FacIlItIes are
authonzed by law and are purposes for WhICh publIc funds may be expended pursuant to the
ConstItutIOn and laws of the State of North CarolIna, and
WHEREAS, the Board finds and determmes that short-term or pay-as-you-go financmg
for the FacIlItIes would Impose strams on the County's abIlIty to fund general operatIOns and
educatIOn wIthout a sIgmficant tax mcrease, and
WHEREAS, use of the County's unoblIgated fund balance to finance the cost of the
FacIlItIes would reduce the fund below the gUIdelInes establIshed by the LGC and would not be
m the County's best Interest, and
WHEREAS, mstallment contract financmg and/or refinancmg would be preferable to
general oblIgatIOn bond financmg because a general oblIgatIOn bond authonzatIOn probably
could not be perfected m a tlmely manner and would not permIt the alternatIve financmg
structures and repayment provIsIOns aVaIlable m the proposed, negotIated Installment contract
financmg, and
WHEREAS, the proposed cost of financmg and/or refinancmg the FacIlItIes and certam
sItes thereof IS too great an amount to be funded by current appropnatIOns, and
WHEREAS, the Board finds and determmes that mstallment contract financmg and/or
refinancmg IS therefore the most vIable and efficient alternatIve and that the cost of such
financmg and/or refinancmg IS reasonable, and
WHEREAS, past audIt reports of the County mdIcate that Its debt management and
contract oblIgatIOns payment polIcIes have been carrIed out m stnct complIance wIth the law
and the County has not been censured by the LGC, external audItors, or any other regulatory
agencIes m connectIOn wIth such management, and
3
· .
WHEREAS, the Board estnnates that the County's ad valorem tax rate WIll not be
sIgmfIcantly mcreased III order to sustam the proposed fmancmg and/or refinancmg, and
WHEREAS, the County IS not m default m meetmg any of ItS debt servIce or contract
oblIgatIOns, and
WHEREAS, It IS the Board's mtentIOn to adopt thIS ResolutIOn for the purpose of
authonzmg the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of the FacIhtIes, makmg
certam findmgs and determmatIOns wIth respect thereto and desIgnatmg certam financIal and
legal consultants m connectIOn therewIth
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as follows
SectIOn 1 The Board hereby finds and determmes III connectIOn wIth the Contract
and the transactIOns contemplated thereby that (a) such Contract IS necessary or expedIent to the
County, (b) such proposed Contract, under current cIrcumstances, IS preferable to a bond Issue of
the County for the same purpose, (c) the sums estimated to fall due under such Contract are
adequate and not exceSSIve for Its proposed purpose, (d) the County's debt management
procedures and polIcIes are good and Its debt WIll contmue to be managed m stnct comphance
wIth the law, (e) any mcrease m taxes necessary to meet the sums estImated to fall due under the
Contract WIll not be exceSSIve and (f) the County IS not m default regardmg any of ItS debt
servIce obhgatIOns
SectIOn 2 The Board hereby desIgnates the followmg legal and financIal consultants
m connectIOn wIth the proposed mstallment financmg
LeBoeuf, Lamb, Greene & MacRae, L L P , SpecIal Counsel
BB&T CapItal Markets, Managmg UnderwrIter
Banc of Amenca SecuntIes L L C, Co-Managmg UnderwrIter
FIrst-CItIzens Bank & Trust Company, Trustee
SectIOn 3
ThIS ResolutIOn shall become effectIve ImmedIately upon Its adoptIOn
ThIS IS the 17th day of February, 2003 "
*****
CommIssIOner Greer seconded the motIon and the motIon was adopted by the followmg
vote
Ayes Ted DavIs, Jr , ChaIrman
Robert G Greer, VIce-ChaIrman
WIlham A Caster, CommIssIOner
Nancy Pntchett, CommIssIoner
Nays Juha Boseman, CommIssIOner
4
¡..~ ."
AFFIDAVIT OF PUBLICATION
ST A TE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NOTICE OF
PUBLIC HEARING ,
ON WHETHER THE I
BOARD OF COMMISSION- I
ERS FOR THE COUNTY OF
NEW HANOVER, NORTH '
CAROLINA SHOULD AP-
PROVE A PROPOSED IN-
STALLMENT FINANCING I
AGREEMENT TO FINANCE
AND/OR REFINANCE THE '
COSTS OF VARIOUS ,
PROJECTS
NOTICE IS HEREBY GIVEN!
that the New Hanover I
County Board of Commls- !
, Sloners (the "Board") will
hold a public heanng on II
February 17 2003 at 9 00
a m In Room 301 of the
Hlstonc New Hanover I
County Courthouse, 24
North Third Street WII- I
mlngton North Carolina ,
for the purpose of con-
sldenng whether the
Board of County Commls- ,
sloners for the County of I
New Hanover, North'
Carolina (the "County")"
should approve a pro-'
posed Installment fl-,
nanClng agreement and I
certain related docu-
ments under which the '
County would obtain fi-
nanCing or refinancing
pursuant to G S § 160A-
20, as amended, for the
I cost of the Projects here-
Inafter descnbed and un-
der which the County
would secure the repay-
ment of mOnies advanced
pursuant to such Install- And at the lime of such publIcatlon WIlmIngton Star-Ncws was a newspaper meetIng all thc
ment financing agree- d al fi b d b S G S f C
ment by,grantlng a secu- I reqUirements an qu Ilcatlonsprescn e Y~NO, 1-59.,7{J~O N _ '
' nty Interest In certain of ,
the Projects and related '
property The Projects
consist of (a) the con-,
structlon of the King's I
Grant Sewer Distribution
System, including related I ~''1 TItle CLASSIF~ ADVER. MGR
water lines and road Im- I I /
provements, In the cen- ~rn or affirmed to, and sUbscr. I~d before me thIS day of
tral part of the County. (b) I . /J ¡ d~ ' A D _ 'YJ/'í'. _
the construction of the -Y-, «,..-{ UL/(...(
, Middle Sound Sewer Dls- I
tnbutlon System Includ-' In Testlmon hereof, I have hereunto set my hand and affixcd my officIal seal, thc day and
Ing gravity collection I' -
mains and pump station year aforesaId {1Z~:S:ilÞ~__ ',1"
force mains and related I '
road Improvements, In,
the northeastem part of
the County (c) the con-
struction of the Brookfield I
Bnerwood Water and'
Sewer System In the cen- V
tral part of the County (d) I ) hL t!& '
the renovation of the I My commISSIOn eXPIres' day OfU!ßIj , 20 ~-
passenger terminal
bUilding at the Wllmlng- I
ton International Airport, I
" 1e aforegolllg affidavIt WIth the advertIsement thereto annexed It IS adjudged by the Court that the saId
I properly made, and that the summons has been duly and legally served on the defendant(s)
( of
¡
PI
1:
,
Before the undersIgned, a Notary PublIc of SaId County and State,
DIANE P. KEENAN
Who, bcmg duly sworn or affirmed, accordIng to the law, says that hc/she IS
CLASSIFIED ADVERTISING MANAGER
of THE WILMINGTON STAR-NEWS, INC , a corporatIOn orgamzed and domg busmess under
the Laws of the State of North CarolIna, and publIshmg a ncwspaper known as WILMINGTON
MORNING STAR & SUNDAY STAR-NEWS III the CIty ofWllmmgton
NOTICE OF PUBLIC HEARING ON WHETHER THE BOARD OF COMMISSIONERS
FOR THE COUNTY OF NEW HANOVER, NORTH CAROLINA SHOULD APPROVE A
PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE AND/OR
REFINANCE THE COSTS OF VARIOUS PROJECTS NOTICE IS HEREBY GIVEN that t
was mserted III the aforesaId newspaper m space, and on dates as follows
2/6 Ix
, Notary PublIc
Clerk of Supcnor Court
28.7.12
PROJECT ORDINANCE
ADDITIONS TO ADMINISTRATIVE ANNEX
BE IT ORDAINED, by the Board of Commissioners of New Hanover
County:
1. New Hanover County(County) is engaged in the Construction
of the Additlons to the Administrative Annex, which capital project
involves the constructlon and/or acqulsltlon of capital assets.
2. County desires to authorlze and budget for said project in
a proJ ect ordinance adopted pursuant to North Carollna General
Statute $159-13.2, such ordinance to authorize all appropriations
necessary for the completion of said project.
NOW, THEREFORE, WITNESSETH THAT:
1. This proj ect ordinance is adopted pursuant to North
Carollna General Statute $159-13.2.
2. The project undertaken pursuant to this ordinance is the
Constructlon of the Addltlons to the Administrative Annex Capital
ProJect, which proJect lS herewith authorized.
3. The revenue that will finance said project lS:
Sale of Property $1,100,640
Installment Loan Proceeds 2,777,040
Total $3,877,680
4. The followlng approprlatlons necessary for the project are
herewlth made from the revenue listed above:
Capital Project Expense
Total
$3,877,680
$3,877,680
5. This project ordinance shall be entered in the minutes of
the Board of CommlSSloners of New Hanover County. Withln flve days
hereof, copies of this ordinance shall be filed with the finance
and budget offices in New Hanover County, and wlth the Clerk to the
Board of CommlSSloners of New Hanover County.
Adopted thlS J1;/A. day Of\~
, 2003.
CfA:J \jt' yý~
Clerk to the Board
¡dr1-0·
'Ted Davis, Jr., Chalrman
Board of County Commissioners
28.7.12
PROJECT ORDINANCE
AIRPORT IMPROVEMENTS PROJECT
BE IT ORDAINED, by the Board of Commissloners of New Hanover
County'
1. New Hanover County(County) is engaged ln the Construction
of the Alrport Improvements ProJect, which capital project lnvolves
the construction and/or acqulsltlon of capital assets.
2. County desires to authorize and budget for sald proJect ln
a project ordlnance adopted pursuant to North Carollna General
Statute $159-13.2, such ordinance to authorize all appropriations
necessary for the completion of said project.
NOW, THEREFORE, WITNESSETH THAT:
1. ThlS proj ect ordlnance is adopted pursuant to North
Carolina General Statute $159-13.2.
2. The proJect undertaken pursuant to this ordinance is the
Constructlon of the Alrport Improvements Project Capital Project,
WhlCh project is herewith authorized.
3. The revenue that will flnance sald proJect lS:
Transfer from General Fund $ 800,000
Installment Loan Proceeds 3,800,000
Total $4,600,000
4. The following appropriations necessary for the project are
herewith made from the revenue listed above:
Capital ProJect Expense
Total
$4,600,000
$4,600,000
, - J
.'
5. ThlS project ordinance shall be entered in the minutes of
the Board of Commissioners of New Hanover County. Within five days
hereof, coples of thlS ordinance shall be filed wlth the flnance
and budget offlces ln New Hanover County, and wlth the Clerk to the
Board of Commlssioners of
Adopted this )7 4
New Hanover County
day Of~
, 2003.
oz..~-v( y/~
~k to the Board
1d fJkO·
Ted Davls, Jr.,
Chairman
Board of County Commissioners
28.7.13
RESOLUTION
FEBRUARY 17,2003
SUBJECT BIke/PedestrIan Lanes around MIddle Sound Loop Road
SUBMITTED TO New Hanover County Board of CommIssioners
SUBMITTED BY: Middle Sound Bike/Walk CommIttee
1 WHEREAS, Middle Sound Loop Road offers a unique setting for the constructIOn
of bicycle lanes, provIdIng alternative transportation access to the entIre Middle
Sound peninsula; and
2. CONSIDERING, Bike lanes on MIddle Sound Loop Road are part of the New
Hanover County-Wilmington BIcycle AdvIsory CommIttee Bike Route Network
Plan, and
3. KEEPING IN MIND, Both ArtIcle V Section 52-11 of the WllmingtonlNHC 000
and Part D Section 2 3 of the WilmingtonlNHC Comprehensive Plan encourage the
development of bIke and/or pedestrian ways throughout the county, and
4 INASMUCH AS, Bicycle and pedestrian access from Middle Sound neIghborhoods
to Ogden Elementary School and the surrounding community is desIrable and
needed, and
5 RECOGINIZING, The planned mstallatIOn of samtary sewer hnes, roadside
culverts, and scheduled roadway widemng mcludIng shoulder improvements present
a unique opportumty for the concurrent constructIOn of planned bike lanes, therefore,
be It
RESOL VED, That the New Hanover County Board of CommIssIOners, supports the
constructIOn of bIke lanes around MIddle Sound Loop Road and respectfully requests that
the NCDOT consIder an mcrease In fundIng to eXIstIng roadway Improvement project No.
7.2521124 to mclude bIke lanes for MIddle Sound Loop Road
~~Qh'amnan
28.7.14
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, General Statute 160A-266(c) authonzes the Board of County CommIssioners to adopt
regulatIons settmg procedures for disposal of personal property valued at less than five-thousand dollars
($5,000 00) for anyone Item or group of Items, and
AND WHEREAS, the County has an eXlstmg disposal procedure authorized by tIle Board of County
CommIssioners allowmg for disposal by the Fmance Director of personal property valued at less than one-
thousand dollars ($1,000 00) for anyone Item or group of Items,
AND WHEREAS, the adoptIOn such regulatIOns to mcrease the lImit to less than five-thousand dollars
($5,00000) can provide for more efficient and economical disposal of such personal property,
NOW, THEREFORE, BE IT RESOLVED THAT
1 The County Fmance Director IS authonzed to declare surplus any County personal property
valued at less than five-thousand dollars ($5,000 00) for anyone Item or group of Items, to set ItS fair market
value, and to convey title to the property for the County m accordance with the procedures establIshed m thIS
resolutIOn, and
2 The County Fmance Director may select the method of disposal of such personal property that,
m hIS Judgement, represents the most efficient and economical procedure for disposal of said property The
method of disposal selected by the County Fmance Director may, but need not, provide for publIshed notice,
and may provide for eIther publIc or pnvate exchanges or sales, and
3 The County Fmance Director shall, on the first day of February of each year, report m wntmg
to the Board of Commissioners on any property disposed of, under the authonty granted by this resolutIOn, from
July 1 through December 31 of the prevIous year, and shall on the first day of August of each year report m
wntmg to the Board of Commissioners on any property disposed of under such authorizatIOn from January 1
through June 30 of that year The wntten report shall generally descnbe the property sold or exchanged, the
method of sale or exchange, to whom It was sold or with whom exchanged, and the amount of money or other
consideratIOn received for each sale or exchange, and
4 The County Fmance Director IS authorized to execute all documents and papers and to do such
other and further acts as may be required and necessary m order to effectively and legally carry out and complete
the sales and exchanges authonzed by this resolutIOn
Adopted, this 17th day of February, 2003
~a~~a~n
Board of County Commissioners