2021-06-22 RM Exhibits 1
Exhibit
Book XLt11 Page
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
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PURPLE HEART DAY
AUGUST 7, 2021
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WHEREAS, in August 1782, George Washington, the Commander in Chief of the Continental Army,
I established the "Badge of Merit" which was the forerunner of the Medal of Honor and inspired the
modern Purple Heart; and
WHEREAS, the Purple Heart is awarded to those who have been wounded or killed while serving the
United States against opposing armed forces; and
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WHEREAS, since its inception and through several wars and conflicts, the Purple Heart has been given
to more than a million soldiers wounded or killed while serving our nation; and
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WHEREAS,the mission of the Military Order of the Purple Heart is to foster an environment of goodwill
and camaraderie among combat wounded veterans, promote patriotism, support necessary legislative
initiatives, and most importantly, provide service to ALL veterans and their families; and
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WHEREAS,the Purple Heart Foundation works to salute our truest and most dedicated heroes.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
Saturday, August 7, 2021 will be recognized as "Purple Heart Day" in New Hanover County and that all
citizens are urged to participate in observance of this day.
ADOPTED this the 22nd day of June, 2021.
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1 NEW HANOVER CO NTY
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'�� U'�y Juli Ison-Roseman, Chair
'.k o ATTEST:....
i i. :irit ,E.�4 ;;r,EO\1' Ky erleigh G. C well, Clerk to the Board
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Resolution
l North Carolina Governor's Highway Safety Prograrphibit
LOCAL GOVERNMENTAL RESOLUTION3ook UVt Pagel ,
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WHEREAS, the New Hanover County Sheriffs Office (herein called the
"Agency")
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that New Hanover County Board of County Commissioner's
(The Governing Body of the Agency)
Board of Commissioners (herein called the "Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
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New Hanover County Board of County Commissioner's
THEREFORE, NOW BE IT RESOLVED BY THE IN OPEN
(Governing Body)
j MEETING ASSEMBLED IN THE CITY OF Wilmington , NORTH CAROLINA,
THIS 22nd DAY OF June 20 21 , AS FOLLOWS:
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1. That the project referenced above is in the best interest of the Governing Body and the general public; and
New Hanover County Sheriffs Office i
1 2. That y is authorized to file, on behalf of the Governing
11 (Name and Title of Representative)
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Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
j 97 152 funding in the amount of$ to be made to the Governing Body to assist in defraying
(Federal Dollar Request)
the cost of the project described in the contract application; and
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3. That the Governing Body has formally appropriated the cash contribution of$ as
(Local Cash Appropriation)
I required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
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appropriate persons to furnish such information, data, documents and reports as required by the contract, if
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approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
1 6. That this resolution shall take effect immediately upon its adoption.
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DONE AND ORDERED in open meeting by
(Chairperson/Mayor)
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O�NT Y•ti�ATTESTED BY K.6-41,40.4-410:tgke • .p�(o ) ti
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DATE to n 2 nodi 1� p 1 A\
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A f'rA C1SHED‘1
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Rev. 7/11
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Exhibit
Book X�- 111 Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
A RESOLUTION BY THE COUNTY OF NEW HANOVER
APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE STATE OF
NORTH CAROLINA AND LOCAL GOVERNMENTS ON PROCEEDS RELATING TO THE
SETTLEMENT OF OPIOID LITIGATION
WHEREAS, as of 2019, the opioid epidemic had taken the lives of more than 16,500 North
Carolinians, torn families apart, and ravaged communities from the mountains to the coast;and
WHEREAS,the COVID-19 pandemic has compounded the opioid crisis, increasing levels of
drug misuse, addiction, and overdose death; and
WHEREAS,the Centers for Disease Control and Prevention estimates the total "economic
burden" of prescription opioid misuse alone in the United States is $78.5 billion a year, including the
costs of healthcare, lost productivity, addiction treatment, and criminal justice involvement; and
WHEREAS, certain counties and municipalities in North Carolina joined with thousands of
local governments across the country to file lawsuits against opioid manufacturers and pharmaceutical
distribution companies and hold those companies accountable for their misconduct; and
WHEREAS,representatives of local North Carolina governments, the North Carolina
Association of County Commissioners, and the North Carolina Department of Justice have negotiated
and prepared a Memorandum of Agreement(MOA) to provide for the equitable distribution of any
proceeds from a settlement of national opioid litigation to the State of North Carolina and to individual
local governments; and
WHEREAS, Local Governments and the State of North Carolina anticipate a settlement in the
national opioid litigation to be forthcoming; and
WHEREAS, it is anticipated that a settlement in the national opioid litigation with Johnson &
Johnson,AmerisourceBergen, Cardinal Health, and McKesson will make available, to the counsel with
whom New Hanover County has a direct contractual relationship, the opportunity to participate in a
subdivision and common benefit attorneys' fee fund of approximately$1.6 billion or more at the
national level in exchange for waiver of the counsel's contingency fee agreements with local
governments including New Hanover County with respect to recoveries from those companies; and New
Hanover County's approval of the MOA shall be conditional and revoked if, by August 1, 2021, such
counsel files a written representation to the MDL Court that counsel does not intend to participate in the
subdivision and common benefit attorney's fee fund; and
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I WHEREAS,by signing onto the MOA, the state and local governments maximize North
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1 Carolina's share of opioid settlement funds to ensure the needed resources reach communities, once a
1 negotiation is finalized, as quickly, effectively, and directly as possible; and
i WHEREAS, it is advantageous to all North Carolinians for local governments, including New
, Hanover County and its citizens, to sign onto the MOA and demonstrate solidarity in response to the
opioid epidemic, and to maximize the share of opioid settlement funds received both in the state and this
county to help abate the harm; and
WHEREAS, the MOA directs substantial resources over multiple years to local governments on
ithe front lines of the opioid epidemic while ensuring that these resources are used in an effective way to
address the crisis.
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NOW, THEREFORE BE IT RESOLVED,New Hanover County hereby approves the
Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds
Relating to the Settlement of Opioid Litigation, and any subsequent settlement funds that may come into
1 North Carolina as a result of the opioid crisis. Furthermore,New Hanover County authorizes the
County Manager(or County Attorney) take such measures as necessary to comply with the terms of the
I MOA and receive any settlement funds, including executing any documents related to the allocation of
opioid settlement funds and settlement of lawsuits related to this matter. Be it further resolved copies of
ithis resolution and the signed MOA be sent to opioiddocsAncdoj.gov as well as forwarded to the North
1 Carolina Association of County Commissioners at communications@ncacc.org.
Adopted this the 22nd day of June, 2021.
1 Al. / Ar/ 4111.
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i Ju i. I lson-Boseman, Chair
INew Hanover County Board of Commissioners
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I ATTEST:
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1 Kym erleigh G. Crowell
1 Clerk to the Board
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Exhibit
Book )(WI page -1.4*
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AUTHORIZING NEW HANOVER COUNTY TO ENGAGE IN ELECTRONIC
PAYMENTS AS DEFINED BY NORTH CAROLINA GENERAL STATUTE 159-28
WHEREAS,it is the desire of the Board of County Commissioners that New Hanover County(NHC)
is authorized to engage in electronic payments as defined by North Carolina General Statute
(NCGS) 159-28; and
WHEREAS, it is the responsibility of the Chief Financial Officer (CFO) to adopt a written policy
outlining procedures for pre-auditing obligations that will be incurred by electronic payments as
required by North Carolina (NC) Administrative Code 20 NCAC 03 .0409; and
WHEREAS, it is the responsibility of the CFO to adopt a written policy outlining procedures for
disbursing public funds by electronic transaction as required by NC Administrative Code 20 NCAC
03 .0410.
NOW,THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners:
Section 1. Authorizes New Hanover County to engage in electronic payments as defined
by G.S. 159-28.
Section 2. Authorizes the CFO to adopt a written policy outlining procedures for pre-
auditing obligations that will be incurred by electronic payments as required
by NC Administrative Code 20 NCAC 03 .0409.
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Section 3. Authorizes the CFO to adopt a written policy outlining procedures for
disbursing public funds by electronic transactions as required by North
Carolina Administrative Code 20 NCAC 03 .0410.
ADOPTED this the 22nd day of June, 2021.
NEW NOVER COUNTY
c jo`31'1-11 Y.1v(4
. f_T\ , u • olson_: .seman, Chair
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,4-4,1 v,:w-r5' ATTEST:
41gykiLlliit- g 0,w/ix
Ky erleigh G. Cr ell, Clerk to the Board
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Exhibit
t Bonk it-t"" Page 1 .S
RESOLUTION
DESIGNATION OF APPLICANT'S AGENT
North Carolina Division of Emergency Management
) Organization Name(hereafter named Organization) Disaster Number.
I New Hanover County DR-4543,DR-4588,DR-4487
Applicant's State Cognizant Agency for Single Audit purposes(If Cognizant Agency is not assigned,please indicate):
Applicant's Fiscal Year(FY)Start
Month: July Day: 1
) Applicant's Federal Employer's Identification Number
56 - 6000324
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Applicant's Federal information Processing Standards(FIPS)Number
129 - 99129 - 00
PRIMARY AGENT SECONDARY AGENT
I Agent's Name Martha Wayne Agent's Name Beth Schrader
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' Organization Organization
New Hanover County, NC New Hanover County, NC
Official Position Official Position
Deputy Chief Financial Officer Director,Office of Recovery and Resilience
Mailing Address Mailing Address
230 Government Center Drive,Suite 165 230 Government Center Drive,Suite 120
1 City,State,Zip City,State,Zip
Wilmington, NC 28403 Wilmington, NC 28403
Daytime Telephone (910) 798-7459 Daytime Telephone (910) 798-7491
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Facsimile Number Facsimile Number
) (910) 798-7806 (910) 798-7429
Pager or Cellular Number Pager or Cellular Number (910) 409-8664
,. NTY.k
BE IT RESOLVED BY the governing body of the Organization (a public entity duly organized under the laws of the State of North Caroli ,G ;, O.�y
that the above-named Primary and Secondary Agents are hereby authorized to execute and file applications for federal and/or state assis-
( behalf of the Organization for the purpose of obtaining certain state and federal financial assistance under the Robert T.Stafford Disaster ., f n
&Emergency Assistance Act.(Public Law 93-288 as amended)or as otherwise available.BE IT FURTHER RESOLVED that the abov: ed :
I agents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Eme en g
Management Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed .i e ? �\, t•-
( reverse side hereof. BE IITTINALLY RESOLVED THAT the above-named agents are authorized to act severally. PASSED AND /�Z
,; APPROVED this' ai 06day of d11L. ,2q ( 'L I' It ✓/
GOVERNING BODY CERTIFYING OFFICIAL -.
�.ex,..,,-
•�APLISHCD`
A Name and Title
1 Julia Olson-Roseman,Chair:Deb Hays,Vice-Chair Name Kym Crowell
Name and Title Official Position Clerk to the Board
Jonathan Barfield,Jr..Rob Zapple,Bill Rivenbark,Commissioner
1 Name and Title Daytime Telephone (910) 798-7143
CERTIFICATION
Kym m Crowell Clerk
1 I, _,(Name)duly appointed and (Title)
of the Governing Body,do hereby certify that the above is a true and correct copy of a resolution passed and
approved by the Governing Body of New Hanover County (Organization)on the 22nd day of
June 20 21_
I Date: Signature:nature: • (2•
Rev.06/02
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I APPLICANT ASSURANCES .
1 The applicant hereby assures and certifies that it will comply with the FEMA regulations,policies,guidelines and requirements including OMB's Circulars No.A-95 and A-102,and FMC
74-4,as they relate to the application,acceptance and use of Federal funds for this Federally assisted project. Also,the Applicant gives assurance and certifies with respect to and as a
condition for the grant that:
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the provisions of the Hatch Act which limit th
15.It will comply with e potitical
1.It possesses legal authority to apply for the grant,and to finance and construct the activity of employees.
proposed facifities;that a resolution,motion or similar action has been duly adopted or
I passed as an official act of the applicants governing body,authorizing the filing of the
application,including all understandings and assurances contained therein,and directing
and authorizing the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may be required. 16.It will comply with the minimum wage and maximum hours provisions of the
Federal Fair Labor Standards Act,as they apply to hospital and educational
institution employees of State and local governments.
17.(To the best of his/her knowledge and belief)the disaster relief wort described on
2.It will comply with the provisions of:Executive Order 11988,relating to Floodplain each Federal Emergency Management Agency(FEMA)Project Application for which
Management and Executive Order 11990,relating to Protection of Wetlands. Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 Code of Federal Regulations,Part 206,and applicable FEMA
3.It will have sufficient funds available to meet the non-Federal share of the cost for Handbooks.
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1 construction projects. Sufficient funds will be available when construction is completed to
assure effective operation and maintenance of the facility for the purpose constructed. 18.The emergency or disaster relief work therein described for which Federal
Assistance is requested hereunder does not or will not duplicate benefits
;
i 4.It will not enter into a construction contract(s)for the project or undertake received for the same loss from another source.
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1 other activities until the conditions of the grant program(s)have been met.
5.1t will provide and maintain competent and adequate architectural engineering 19.It will(1)provide without cost to the United States all lands,easements and
rights-of-way necessary for accomplishments of the approved work;(2)hold and
supervision and inspection at the construction site to insure that the completed save the United States free from damages due to the approved work or Federal funding.
work conforms with the approved plans and specifications;that it will furnish
I progress reports and such other information as the Federal grantor agency may need. 20.This assurance is given in consideration of and for the purpose of obtaining
1 any and all Federal grants,loans,reimbursements,advances,contracts,properly,
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A 6.It will operate and maintain the facility in accordance with the minimum discounts of other Federal financial assistance extended after the date hereof to the
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, standards as may be required or prescribed by the applicable Federal,State Applicant by FEMA,that such Federal Financial assistance will be extended in reliance
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1 and local agencies for the maintenance and operation of such facilities. on the representations and agreements made in this assurance and that the United
t States shall have the right to seek judicial enforcement of this assurance. This
7.It will give the grantor agency and the Comptroller General,through any assurance is binding on the applicant,its successors,transferees,and assignees,
authorized representative,access to and the right to examine all records, and the person or persons whose signatures appear on the reverse as authorized to
books,papers,ix documents related to the grant. sign this assurance on behalf of the applicant.
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i 8.It will require the facility to be designed to comply with the"American 21.It will comply with the flood insurance purchase requirements of Section 102(a)of
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t Standard Specifications for Making Buildings and Facilities Accessible to, the Flood Disaster Protection Act of 1973,Public Law 93-234,87 Stat.975,approved
I and Usable by the Physically Handicapped:Number A117.1-1961,as modified December 31,1973. Section 102(a)requires,on and after March 2,1975,the purchase
(41 CFR 101-17-7031). The applicant will be responsible for conducting of flood insurance in communities where such insurance is available as a condition for
1 inspections to insure compliance with these specifications by the contractor. the receipt of any Federal financial assistance for construction or acquisition purposes
1 for use in any area that has been identified by the Director,Federal Emergency
I 9.It will cause work on the project to be commenced within a reasonable time Management Agency as an area having special flood hazards.The phrase'Federal
I after receipt of notification from the approving Federal agency that funds financial assistance"includes any form of loan,grant,guaranty,insurance payment,
I have been approved and will see that work on the project will be prosecuted rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect
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1 to completion with reasonable diligence. Federal assistance.
1 10.It will not dispose of or encumber its title or other interests in the site and 22.It will comply with the insurance requirements of Section 314,PL 93-288,to
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I facilities during the period of Federal interest or while the Government holds obtain and maintain any other insurance as may be reasonable,adequate,
t bonds,whichever is the longer, and necessary to protect against further loss to any property which was
Ireplaced,restored,repaired,or constructed with this assistance.
ti 11.It agrees to comply with Section 311,P.L.93-288 and with Tide VI of the
1 Civil Rights Act of 1964(P.L.83-352)and in accordance with Title VI of the Act, 23.It will defer funding of any projects involving flexible funding until FEMA
l no person in the United States shall,on the ground of race,color,or national makes a favorable environmental clearance,if this is required.
I origin,be excluded from participation in,be denied the benefits of,or be
I otherwise subjected to discrimination under any program or activity for which the
applicant receives Federal financial assistance and will immediately take any 24.It will assist the Federal grantor agency in its compliance with Section 106 of
the National Historic Preservation Act of 1966,as amended,(16 U.S.C.470),
1 measures necessary to effectuate this agreement. If any real property or structure Executive Order 11593,and the Archeological and Historic Preservation Act of
,I is provided or improved with die aid of Federal financial assistance extended to the 1966(16 U.S.C.469a-1 et seq.)by(a)consulting with the State Historic
l Applicant,this assurance shall obligate the Applicant,or in the case of any transfer Preservation Officer on the conduct of investigations,as necessary,to identify
1 of such property,any transferee,for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended
or for another purpose involving the provision of similar services or benefits. properties listed in or eligible for inclusion in the National Register of Historic
places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity,
and notifying the Federal grantor agency of the existence of any such properties,
and by(b)complying with all requirements established by the Federal grantor agency
12.It will establish safeguards to prohibit employees from using their positions to avoid or mitigate adverse effects upon such properties.
for a purpose that is or gives the appearance of being motivated by a desire
for private gain for themselves or others,particularly those with whom they have 25.It will,for any repairs or construction financed herewith,comply with
family,business,or other ties, applicable standards of safety,decency and sanitation and kt conformity
with applicable codes,specifications and standards;and,will evaluate the
13.It will comply with the requirements of Title II and Title III of the Uniform natural hazards in areas in which the proceeds of the grant or loan are to be
t Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646) used and take appropriate action to mitigate such hazards,including safe
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1 which provides for fair and equitable treatment of persons displaced as a result of
Federal and Federally assisted programs. land use and construction practices.
/ STATE ASSURANCES
i14.It will comply with all requirements imposed by the Federal grantor agency
i concerning special requirements of law,program requirements,and other The State agrees to take any necessary action within State capabilities to require
1 administrative requirements approved in accordance with OMB Circular A-102,
P.L.93-288 as amended,and applicable Federal Regulations. compliance with these assurances and agreements by the applicant or to assume
responsibility to the Federal government for any deficiencies not resolved to the
l satisfaction of the Regional Director.
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DESIGNATION OF APPLICANTS AGENT
AND APPLICANT ASSURANCES
FOR PUBLIC ASSISTANCE
ORGANIZATION NAME(HEREAFTER NAMED ORGANIZATION)
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New Hanover County
PRIMARY AGENT SECONDARY AGENT
AGENT'S NAME AGENT'S NAME
Martha Wayne Beth Schrader
ORGANIZATION ORGANIZATION
Finance Office of Recovery & Resilience
f OFFICIAL POSITION OFFICIAL POSITION
Deputy, CFO Director
MAILING ADDRESS MAILING ADDRESS
230 Government Center Drive, Suite 165 230 Government Center Drive, Suite 120
CITY,STATE,Z>PWilmington, NC 28403 CITY,STATE,ZIP Wilmington, NC 28403
/ DAYTIME TELEPHONE
l (910) 798-7459 DAYTIME TELEPHONE(910) 798-7491
FACSIMILE NUMBER _ NUMBER
(910) 78-7806 (910) 798-7429
( PAGER OR CELLULAR NUMBER PAGER OR CELLULAR NUMBER
I (910) 409-8664
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3 THE ABOVE PRIMARY AND SECONDARY AGENTS ARE HEREBY AUTHORIZED TO EXECUTE AND FILE APPLICATION FOR
PUBLIC ASSISTANCE ON BEHALF OF THE ORGANIZATION FOR THE PURPOSE OF OBTAINING CERTAIN STATE AND FEDERAL
FINANCIAL ASSISTANCE UNDER THE ROBERT T.STAFFORD DISASTER RELIEF&EMERGENCY ASSISTANCE ACT,(PUBLIC
LAW 93-288 AS AMENDED)OR OTHERWISE AVAILABLE. THIS AGENT IS AUTHORIZED TO REPRESENT AND ACT FOR THE
ORGANIZATION IN ALL DEALINGS WITH THE STATE OF NORTH CAROLINA AND THE FEDERAL EMERGENCY MANAGEMENT
3 AGENCY FOR MATTERS PERTAINING TO SUCH DISASTER ASSISTANCE REQUIRED BY THE AGREEMENTS AND ASSURANCES
PRINTED ON THE SECOND ATTACHED PAGE.
1 CHIEF FINANCIAL OFFICER CERTIFYING OFFICIAL
NAME OFFICIAL'S NAME
Lisa Wurtzbacher Kym Crowell
1 ORGANIZATION ORGANIZATION
Finance NHC Board of Commissioners
OFFICIAL POSITION OFFICIAL POSITION
CFO Clerk to the Board
MAILING ADDRESS MAILING ADDRESS
230 Government Center Dr., Suite 165 230 Government Center Dr., Suite 175
CITY,STATE,ZIP
,STATE,
CITY ZIP
Wilmington, NC 28403 Wilmington, NC 28403
I DAYTIME TELEPHONE DAYTIME TELEPHONE
(910) 798-7161 (910) 798-7143
FACSIMILE NUMBER FACSIMILE NUMBER
(910) 798-7806 (910) 798-7145
1 PAGER OR CELLULAR NUMBER PAGER OR CELLULAR NUMBER
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I APPLICANT'S STATE COGNIZANT AGENCY FOR SINGLE AUDIT PURPOSES(IF A COGNIZANT AGENCY IS NOT ASSIGNED,PLEASE INDICATE):
I APPLICANT'S FISCAL YEAR(FY)START
MONTH: July DAY: 1 ICI,
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APPLICANT'S FEDERAL EMPLOYER'S IDENTIFICATION NUMBER
56-6000324
APPLICANT'S STATE PAYEE IDENTIFICATION NUMBER
CERTIFYING OFFICIAL'S SIGNATURE e
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4/7/2020 North Carolina Division of Emergency Management-Designation of Applicant's Agent Page 1 of 2
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I APPLICANT ASSURANCES
The applicant hereby assures and certifies that he will comply with the FEMA regulations,policies, guidelines and requirements including OMB's Circulars No.
/ A-95 and A-102,and FMC 74-4, as they relate to the application, acceptance and use of Federal funds for this Federally-assisted project.Also,the Applicant gives
i assurance and certifies with respect to and as a condition for the grant that:
1. It possesses legal authority to apply for the grant,and to finance and construct 15. It will comply with the provisions of the Hatch Act,as amended,5 USC 1501
the proposed facilities; that it is duly authorized pursuant to appropriate et.seq.and 7324 et.seq.,which limit the political activity of employees.
applicant authority and/or a resolution,motion or similar action has been duly 16. It will comply with the minimum wage and maximum hours provisions of
adopted or passed as an official act of the applicant's governing body and that the Federal Fair Labor Standards Act,29 U.S.C.Section 201 et seq.,as they
the agents and officials designated herein are duly authorized under North apply to hospital and educational institution employees of State and local
a
Carolina law to act on behalf of the organization in all dealings with the State governments.
of North Carolina and the Federal Emergency Management Agency for all 17. (To the best of his knowledge and belief)the disaster relief work described
1 matters pertaining to the disaster assistance required by the agreements and on each Federal Emergency Management Agency(FEMA)Project
1 assurances contained herein. Application for which Federal Financial assistance is requested is eligible in
I 2. It will comply with the provisions of: Executive Order 11988, relating to accordance with the criteria contained in 44 Code of Federal Regulations,
Wetlands. Management and Executive Order 12148,relating to Protection of Part 206,and applicable FEMA Handbooks.
k Wetlands. 18. The emergency or disaster relief work therein described for which Federal
4 3. It will have sufficient funds available to meet the non-Federal share of the Assistance is requested hereunder does not or will not duplicate benefits
'1 cost for construction projects. Sufficient funds will be available when received for the same loss from another source.
1 construction is completed to assure effective operation and maintenance of the 19. It will(1)provide without cost to the United States all lands,easements and
facility for the purpose constructed. rights-of-way necessary for accomplishments of the approved work;(2)hold
4. It will not enter into a construction contract(s)for the project or undertake and save the United States free from damages due to the approved work or
1 other activities until the conditions of the grant program(s)have been met.
Federal funding.
1 5. It will provide and maintain competent and adequate architectural engineering 20. This assurance is given in consideration of and for the purpose of obtaining
any and all Federal grants,loans,reimbursements,advances,contracts,
supervision and inspection at the construction site to insure that the completed
1 work conforms with the approved plans and specifications;that it will furnish property,discounts of other Federal financial assistance extended after the
s date hereof to the Applicant by FEMA,that such Federal Financial assistance
progress reports and such other information as the Federal grantor agency may will be extended in reliance on the representations and agreements made in this
need. assurance and that the United States shall have the right to seek judicial
1. 6. It will operate and maintain the facility in accordance with the minimum enforcement of this assurance.This assurance is binding on the applicant,its
standards as may be required or prescribed by the applicable Federal,State and successors,transferees,and assignees,and the person or persons whose
1 local agencies for the maintenance and operation of such facilities. signatures appear on the reverse as authorized to sign this assurance on
7. It will give the awarding agency,the Comptroller General of the United States behalf of the applicant.
1 and,if appropriate,the State,the right to examine all records,books,papers,or 21. It will comply with the flood insurance purchase requirements of Section
) documents related to the assistance; and will establish a proper accounting 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234,87
system in accordance with generally accepted accounting standards or agency Stat. 975, approved December 31, 1973,as amended,42 U.S.C.40001 et.
s directives. seq.. Further,Sections 102and 103(42 U.S.C.4012a and 4015) required, on
1 and after March 2, 1975, the purchase of flood insurance in communities
8. It will require the facility to be designed to comply with the "American
where such insurance is available as a condition for the receipt of any Federal
Standard Specifications for Making Buildings and Facilities Accessible to,and financial assistance for construction or acquisition purposes for use in any area
Usable by the Physically Handicapped,"Number A117.1-1961,as modified that has been identified by the Director, Federal Emergency Management
(41 CFR 101-17-7031). The applicant will be responsible for conducting
Agency as an area having special flood hazards. The phrase "Federal
inspections to ensure compliance with these specifications by the contractor. financial assistance" includes any form of loan, grant, guaranty, insurance
9. It will cause work on the project to be commenced within a reasonable time payment,rebate,subsidy,disaster assistance loan or grant,or any other form
after receipt of notification from the approving Federal agency that funds of direct or indirect Federal assistance.
have been approved and will see that work on the project will be prosecuted to 22. It will comply with the insurance requirements of Section 314,PL 93-288,to
completion with reasonable diligence. obtain and maintain any other insurance as may be reasonable,adequate,and
10. It will not dispose of or encumber its title or other interests in the site and necessary to protect against further loss to any property which was replaced,
y facilities during the period of Federal interest or while the Government holds restored,repaired,or constructed with this assistance.
bonds,whichever is the longer. 23. It will defer funding of any projects involving flexible funding until FEMA
11. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the makes a favorable environmental clearance,if this is required.
Civil Rights Act of 1964 (P.L. 88-352)and in accordance with Title VI of 24. It will assist the Federal grantor agency in its compliance with Section 106
the Act,no person in the United States shall,on the ground of race,color,or of the National Historic Preservation Act of 1966,as amended,54 U.S.C.
/ national origin,be excluded from participation in,be denied the benefits of,or 306108 (former 16 U.S.C. 470), Executive Order 11593, and the
s be otherwise subjected to discrimination under any program or activity for Archeological and Historic Preservation Act of 1966 or 1974, 54 U.S.C.
y which the applicant receives Federal financial assistance and will immediately 312501 et.seq.(16 U.S.C. 469a-1 et seq.) by (a) consulting with the State
take any measures necessary to effectuate this agreement.If any real property Historic Preservation Officer on the conduct of investigations,as necessary,
or structure is provided or improved with the aid of Federal financial to identify properties listed in or eligible for inclusion in the National Register
s' assistance extended to the Applicant, this assurance shall obligate the of Historic places that are subject to adverse effects(see 36 CFR Part 800.8)
lApplicant,or in the case of any transfer of such property,any transferee,for by the activity,and notifying the Federal grantor agency of the existence of
i the period during which the real property or structure is used for a purpose any such properties, and by(b)complying with all requirements established
9 for which the Federal financial assistance is extended or for another purpose by the Federal grantor agency to avoid or mitigate adverse effects upon such
involving the provision of similar services or benefits. properties.
12. It will establish safeguards to prohibit employees from using their positions 25. It will, for any repairs or construction financed herewith, comply with
for a purpose that is or gives the appearance of being motivated by a desire for applicable standards of safety,decency and sanitation and in conformity with
!1 private gain for themselves or others,particularly those with whom they have applicable codes, specifications and standards;and,will evaluate the natural
family,business,or other ties. hazards in areas in which the proceeds of the grant or loan are to be used and
I 13. It will comply with the requirements of Title II and Title III of the Uniform
take appropriate action to mitigate such hazards,including safe land use and
Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91- construction practices.
1 646)which provides for fair and equitable treatment of persons displaced as a STATE ASSURANCES
result of Federal and Federally assisted programs.
The State agrees to take any necessary action within State capabilities to require
1 14. It will comply with all requirements imposed by the Federal grantor agency compliance with these assurances and agreements by the applicant or to assume
1 concerning special requirements of law, program requirements, and other responsibility to the Federal government for any deficiencies not resolved to the
administrative requirements approved in accordance with OMB Circular A- satisfaction of the Regional Director.
1 102,P.L.93-288 as amended,and applicable Federal Regulations.
4/7/2020 North Carolina Division of Emergency Management-Designation of Applicant's Agent Page 2 of 2
8
y1
3.
Exhibit
1
Book XUt1 Page -1.11
AGENDA: June 22,2021
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
1 AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
1
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
l Section 1: Details of Budget Amendment
Strategic Focus Area:
g Superior Public Health&Safety
Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands
1. Fund: General
Department: Social Services
) Expenditure: Decrease Increase Total
1
BA 21-076 Emergency Rental Assistance Program $ 10,400 $ 10,400
Total $ - i $ 10,400 II$ 10,400
x
)
1 Revenue: Decrease Increase Total
I
BA 21-076 Emergency Rental Assistance Program $ 10,400 $ 10,400
Total $ - i $ 10,400 II$ 10,400
1
Prior to Total if Actions
Actions Today Taken
I Departmental Budget I $ 43,076,586 I $ 43,086,986
Section 2: Explanation
BA 21-076 appropriates the interest earned on the federal Emergency Rental Assistance(ERA)program grant funds
R that were allocated to the county from the U.S.Department of the Treasury. The county received a total of
$7,072,025 in January of 2021. Interest earned is subject to the same requirements as ERA program grant funds,
3 meaning it must be spent on eligible expenditures. There is no county match.
,
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
i
1 NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
i Carolina,that the Ordinance for Budget Amendment 21-076 amending the annual budget ordinance for the fiscal
t
year ending June 30,2021,is adopted.
4
I Adopted,this 22nd day of June,2021.
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AGENDA: June 22,2021
I NEW HANOVER COUNTY BOARD OF COMMISSIONERS
I AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
,
i
t BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
Ithat the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
! June 30,2021.
1
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health&Safety
I Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety deman
Fund: Federal Forfeited Property
Department: Sheriff's Office
: Ex•enditure: Decrease Increase Total
s BA 21-077 Supplies $ 60,878 $ 60,878
a BA 21-077 Training&Travel $ 15,000 $ 15,000
Total $ - I $ 75,878 II $ 75,878
a
•
• Revenue: Decrease Increase Total
BA 21-077 Federal Forfeited Property $ 72,456 $ 72,456
BA 21-077 Sale of Fixed Assets $ 3,350 $ 3,350
• BA 21-077 Interest Earnings $ 72 $ 72
Total $ - I $ 75,878 II $ 75,878
3
•
Prior to Actions Total if Actions
Today Taken
} Departmental Budget I $ 645,932 I $ 721,810
•
i
Section 2: Explanation
I BA 21-077 budgets Federal Forfeited Property receipts dated 4/13/21,5/4/21,5/19/21,interest income
£ from March 2021,and auction proceeds from the sale of a 2007 Dodge Charger. Funds will be used for
supplies and training for law enforcement purposes only.
Section 3: Documentation of Adoption
I This ordinance shall be effective upon its adoption.
i
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment(s)21-077 amending the annual budget
£ ordinance for the fiscal year ending June 30,2021,is adopted.
Adopted,this 22nd day of June,2021.
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AGENDA: June 22,2021
,
!
NEW HANO'VER COUNTY BOARD OF COMMISSIONERS
,
' AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
,
4
)
I BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
I
)
1 Section 1: Details of Budget Amendment
1
i Strategic Focus Area: Superior Public Health&Safety
i Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands 1
1 1
Fund: Controlled Substance Tax(CSTAX)
I
i Department: Sheriff's Office
1 Expenditure: Decrease Increase Total
i BA 21-078 Supplies $ 15,000 $ 15,000
BA 21-078 Training&Travel $ 4,707 $ 4,707
1
i
J TOW $ - I $ 19,707 II$ 19,707
!
1
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i Revenue: Decrease Increase Total
i
I BA 21-078 Controlled Substance Tax $ 19,678 $ 19,678
i BA 21-078 Interest Earnings $ 29 $ 29
1
i
i Total $ - I $ 19,707 II$ 19,707 1
1
1
Prior to Total if Actions i
1 Actions Today Taken
1 Departmental Budget I $ 171,519 I $ 191,226
,
i
1 Section 2: Explanation
I BA 21-078 budgets Controlled Substance Tax receipts dated 4/19/21 and 5/20/21,and interest income for March,
1
) 2021. Funds will be used for supplies and training for law enforcement purposes only.
1
1
!
Section 3: Documentation of Adoption
4 This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
i
Carolina,that the Ordinance for Budget Amendment(s)21-078 amending the annual budget ordinance for the fiscal
year ending June 30,2021,is adopted.
I
J
Adopted,this 22nd day of June,2021.
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AGENDA: June 22,2021
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
I
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
Ifollowing Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
i
i
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health&Safety
Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands
I
Fund: General
Department: Sheriffs Office
Expenditure: Decrease Increase Total
BA 21-079 Overtime $ 19,290 $ 19,290
1 BA 21-080 Salaries $ 13,949 $ 13,949
1 BA 21-080 Training&Travel $ 3,435 $ 3,435
t Total $ - I $ 36,674 II$ 36,674
Revenue: Decrease Increase Total
BA 21-079 Miscellaneous Revenue $ 19,290 $ 19,290
1 BA 21-080 Miscellaneous Revenue $ 17,384 $ 17,384
1 Total $ - I $ 36,674 II$ 36,674
i
Prior to Total if Actions Taken
1 Actions Today
Departmental Budget I $ 59,966,158 I $ 60,002,832
Section 2: Explanation
BA 21-079 budgets overtime reimbursement from the FBI and US Marshal's Service for January,February,and
March,2021.
1
i
BA 21-080 budgets a reimbursement from Homeland Security Bureau for the Sheriffs Office personnel who worked
during the 2021 Presidential Inauguration in Washington,DC.
I
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
l
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
Carolina,that the Ordinance for Budget Amendment(s)21-079&21-080 amending the annual budget ordinance for
the fiscal year ending June 30,2021,is adopted.
3
Adopted,this 22nd day of June,2021.
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1 Exhibit
BOOk 1.111 Page 1.1
1
GRANT PROJECT ORDINANCE
NEW HANOVER COUNTY
AMERICAN RESCUE PLAN ACT PROGRAM
i
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) has been awarded $45,543,632 of Local Fiscal Recovery Funds from the
American Rescue Plan legislation. The first tranche of the funding was received in May 2021 in the amount
of$22,771,816 with the remaining to be received no earlier than 12 months from May 2021. These funds
may be used to support public health response, replace public sector revenue loss, address negative
economic impacts, invest in water/sewer and broadband infrastructure, and provide premium pay for
essential workers in addition to funding the administrative costs of administering the programs. Programs
have been designed within these guidelines as outlined in this grant project ordinance.
1
2. County desires to authorize and budget for said project in a grant project ordinance adopted pursuant to
North Carolina General Statute Section 159-13.2 and effective upon adoption,such ordinance to authorize
all appropriations necessary for the completion of said project.
i
I
NOW,THEREFORE,WITNESSETH THAT:
I
1
I 1. This grant project ordinance is adopted pursuant to North Carolina General Statute Section 159-13.2.
s
2. The project undertaken pursuant to this ordinance is the American Rescue Plan Act Program,which project
is herewith authorized.
i
J 3. To implement the grant funded programs, twenty-six time limited grant funded positions are hereby
Iauthorized.
4. The revenue that will finance said project is:
I I
1 Intergovernmental Revenues—Federal $45,543,632
I Transfer in From General Fund 329,931
I Total S 45.873563
5. The following appropriations necessary for the project are herewith made from the revenue listed above:
3
X
American Rescue Plan Program Expenditures $45,873,563
Total S 45.873.563
I
6. The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed
. accounting records to provide the accounting to the grantor agency required by federal regulations.
7. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover
County. Within five days hereof, copies of this ordinance shall be filed with the finance office in New
Hanover County,and with the Clerk to the Board of Commissioners of New Hanover County.
Adopted this 22nd day of June,2021. AO,
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1 AGENDA: June 22,2021
i NEW HANOVER COUNTY BOARD OF COMMISSIONERS
1
1 AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
;
i
g BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
Ifollowing Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
1
; Section 1: Details of Budget Amendment
1
1 Strategic Focus Area: Strong Financial Performance
1
Strategic Objective(s): Proactively manage the county budget
1
4
I Fund: General
,
i
i Expenditure: Decrease Increase Total
i BA 21-082 Transfer to Special Revenue Fund $ 329,931 $ 329,931
1 Total $ - I $ 329,931 I $ 329,931
1
i
;
i Revenue: Decrease Increase Total
i
1 BA 21-082 Appropriated Fund Balance $ - $ 329,931 $ 329,931
Total $ - J $ 329,931 II$ 329,931
4
1
i
1 Prior to Total if Actions
1
1 Actions Today Taken
I Appropriated Fund Balance 1 $ 9,163,400 I $ 9,493,331
I
1
4
i
Section 2: Explanation
i
i BA 21-082 will increase general fund appropriated fund balance to transfer funds to the American Rescue Plan
1 Program Fund. This BA is to pay for bonuses to county employees that are outside of the US Department of
Treasury guidance. As defined in the Interim Final Guidance provided by the US Department of the Treasury,only
i
i employees who were involved in regular in-person interactions are considered performing essential work and it
i further limits the amount of premium pay an individual may receive. As such,those individuals who were
1 teleworking full-time without interacting with the public or coworkers would not qualify for premium pay paid by
1 ARPA funds,and the bonus amounts that would take an individuals premium pay above the limit noted in the
guidance cannot be paid by ARPA funds. To ensure those employees also receive a bonus for their service,a general
fund appropriation must be made to pay for that expense.
I
1 Section 3: Documentation of Adoption
1
1 This ordinance shall be effective upon its adoption.
i
NOW THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
i Carolina,that the Ordinance for Budget Amendment 21-082 amending the annual budget ordinance for the fiscal
year ending June 30,2021,is adopted.
i Adopted,this 22nd day of June,2021.
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AGENDA: June 22,2021
$ NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET
1
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2022.
Section 1: Details of Budget Amendment
I Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Proactively manage the county budget
i
Fund: Stormwater Utility Fund
Expenditure: Decrease Increase Total
BA 22-001 Stormwater Utility Expenditures $ 3,017,567 $ 3,017,567
i
t Total $ - $ 3,017,567 II$ 3,017,567
Revenue: Decrease _ Increase Total
BA 22-001 Transfer From Special Revenue Fund $ - $ 3,017,567 $ 3,017,567
1 Total $
$ 3,017,567 II$ 3,017,567
j
/ Prior to Total if Actions
Actions Today Taken
J Appropriated Fund Balance I$ - I $ -
t Section 2: Explanation
t BA 22-001 will increase the stormwater utility fund expenses to cover operations for the stormwater utility that are
not covered by the stormwater utility fee for fiscal year 2022. These expenses to operate the stormwater utility fund
z will be paid through the American Rescue Plan Act funding. The stormwater utility fee will be used to pay for debt
1 service and repayment to the general fund as those are not allowable uses as defined by the US Department of
Treasury Interim Final Guidance.
i Section 3: Documentation of Adoption
e
This ordinance shall be effective upon its adoption.
i
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
Carolina,that the Ordinance for Budget Amendment 22-001 amending the annual budget ordinance for the fiscal
year ending June 30,2022,is adopted.
Adopted,this 22nd day of June,2021.
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Exhibit
1 Book )(t, �\\ Page '1.S
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l,; •, ` New Hanover County
ADOPTED: 06/22/2021
(
1
4 SUBJECT: Investment Policy
I I. INVESTMENT POLICY SCOPE
This policy applies to all financial assets of the Mental Health and Substance Use Disorder Fund
(Memorandum No. 21-001) and the New Hanover County Revenue Stabilization Fund (Memorandum
1 No. 21-002). These funds are accounted for in the County's Comprehensive Annual Financial Report.
Each fund's portion of total cash and investments is summarized by fund type in the balance sheet as
equity or deficit in cash and investments.
II. OBJECTIVES
Funds of the County will be invested in accordance with North Carolina General Statute 159-30 Cash
4
1 Management and Investment Policy and written administrative procedures. The County's investments
shall be undertaken in a manner that (1) seeks to ensure the preservation of capital in the overall
portfolio, (2) provides for sufficient liquidity to meet the cash needs of the County's Mental Health and
1 Substance Use Disorder Fund and the New Hanover County Revenue Stabilization Fund, (3) attain a fair
market rate of return.Cash management functions will be conducted in such a manner as to ensure that
1
adequate funds will always be available to meet the County's financial obligations and to always provide
the maximum amount of funds available for investment. It is the County's full intent, at the time of
purchase, to hold all investments until maturity to ensure the return of all invested principal dollars.
1 However, economic or market conditions may change, making it in the County's best interest to sell or
:
trade a security prior to maturity.
x
i.
I III. RESPONSIBILITY
i
In accordance with N.C. General Statutes, the Finance Officer is charged with the responsibility of cash
management and investment and has delegated this duty to the Investment Manager. Such delegation
shall not relieve the Finance Director of responsibility for all transactions undertaken. The Investment
Manager is responsible for investment decisions and activities and shall develop and maintain written
administrative procedures for the operation of the cash management and investment program,
consistent with N.C. Statutes and these policies.The standard of prudence to be used by the Investment
1 Manager shall be the "Prudent Investor" Rule, which states, "Investments shall be made with judgment
i
and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment, considering
the probable safety of their capital as well as the probable income to be derived." This standard of
prudence shall be applied in the context of managing the overall portfolio.
I
i
i
IV. ETHICS AND CONFLICTS OF INTEREST
To avoid the appearance of potential conflict of interest or favoritism to a particular bank or broker,the
Investment Manager or any delegate employee who has investment responsibilities shall make full
disclosure to the Finance Director of any relationship or dealings with any financial institution that has
business dealings with the County. This disclosure need not include normal banking or brokerage
relationships that are at normal market rates and conditions available to the general public. Investment
officials shall be familiar with N.C.General Statutes and County policy regarding gifts and favors and shall
act accordingly.
V. STATUTORY AUTHORIZATION
The County will invest only in securities authorized by North Carolina General Statutes pertaining to local
government and restricts the purchase of securities to the highest possible ratings whenever particular
types of securities are rated. The Finance Director may elect to further limit the County's investment
security authority.The legal limitations of local government investments are defined in N.C.G.S. 159-30.
Accordingly,the following classes of securities are indicative of the investments utilized by New Hanover
County:
i. Obligations of the United States or obligations fully guaranteed both as to principal and interest
by the United States.
ii. Obligations of the Federal Financing Bank, the Federal Farm Credit Bank, the Bank for
Cooperatives,the Federal Intermediate Credit Bank,the Federal Land Banks,the Federal Home
Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage
Association, the Government National Mortgage Association, the Federal Housing
Administration and the Farmers Home Administration.
iii. Obligations of the State of North Carolina.
iv. Bonds and notes of any North Carolina local government or public authority, subject to such
restrictions as the Secretary of the Local Government Commission may impose.
v. Deposits at interest or purchase of certificates of deposit with any bank, savings and loan
association or trust company in North Carolina, provided such deposits or certificates of deposit
are fully collateralized.
vi. Prime quality commercial paper bearing the highest rating of at least one nationally recognized
rating service and not bearing a rating below the highest (Al, P1, Fl) by any nationally
recognized rating service which rates the obligation.Asset Backed commercial paper will not be
an allowable investment.
vii. Bankers' Acceptances provided that the accepting bank or its holding company is either (1)
incorporated in the State of North Carolina or (2) has outstanding publicly held obligations
bearing the highest rating of at least one nationally recognized rating service and not bearing a
rating below the highest (Aaa or AAA) by any nationally recognized rating service which rates
the obligations.
viii. Participating shares in a mutual fund for local government investment (such as the N.C. Cash
Management Trust)which is certified by the N.C. Local Government Commission.
S
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i
9
4
4 VI. ADMINISTRATIVE RESTRICTIONS
1
In addition to the previously noted limitations on appropriate securities, New Hanover County's
b
3 investment activities are further restricted in the following manner:
j
i. It is the policy of New Hanover County to diversify its investment portfolio. Assets held shall be
diversified to eliminate the risk of loss resulting from the over concentration of assets in a
specific maturity, a specific issuer or a specific class of securities. Diversification shall be
determined and revised periodically by the Investment Manager.
ii. New Hanover County recognizes that investment risks can result from issuer defaults, market
I
price changes or various technical complications leading to temporary illiquidity. Portfolio
diversification is employed to minimize default risk. No individual investment transaction shall
be undertaken that jeopardizes the capital position of the overall portfolio. In the event of a
default by a specific issuer,the Investment Manager shall review and, if appropriate, proceed to
liquidate securities having comparable credit risks. The investment of a single issuer shall not
Iexceed twenty percent (20%) of the total portfolio at the time of investment.
iii. Portfolio maturities shall be staggered to avoid undue concentration of assets of a specific
maturity. Maturities selected shall provide for stability of income and reasonable liquidity. No
investment shall be made in any security with a maturity greater than ten (10) years from the
date of purchase.
VII. SELECTION OF SECURITIES
The Investment Manager will determine which instruments shall be purchased and sold and the desired
1
maturity date(s) that are in the best interest of the County. The selection of an instrument will involve
the evaluation of, but not be limited to,the following factors:
i. Cash flow projections and requirements.
ii. Current market conditions.
4
1 iii. Overall portfolio balance and makeup.
3
VIII. CUSTODY AND SAFEKEEPING OF SECURITIES
New Hanover County will maintain a third-party safekeeping account for all investments. Transactions
should be processed on a delivery versus payment basis.
1
IX. INTERNAL CONTROLS
The Finance Director is responsible for establishing a system of internal controls. These controls are
4
designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by
third parties or imprudent actions by County employees.
i
1
i'
X. REPORTING
The Investment Manager shall submit a monthly investment report to the Finance Director. The report
shall include a general description of the portfolio in terms of investment securities, maturities, yields
and other features. The report will show investment earnings for the month and fiscal year-to-date,
s
including the annualized earned yield percentage for the portfolio. The report will compare actual
l investment earnings with budgeted earnings.
F
I
§ 159-30. Investment of idle funds.
a. A local government or public authority may deposit at interest or invest all or part of the cash
balance of any fund.The finance officer shall manage investments subject to whatever restrictions
and directions the governing board may impose. The finance officer shall have the power to
purchase,sell,and exchange securities on behalf of the governing board.The investment program
shall be so managed that investments and deposits can be converted into cash when needed.
b. Moneys may be deposited at interest in any bank, savings and loan association, or trust company
in this State in the form of certificates of deposit or such other forms of time deposit as the
Commission may approve. Investment deposits, including investment deposits of a mutual fund
for local government investment established under subdivision (c)(8) of this section, shall be
secured as provided in G.S. 159-31(b).
b1. In addition to deposits authorized by subsection (b)of this section,the finance officer may deposit
any portion of idle funds in accordance with all of the following conditions:
(1) The funds are initially deposited through a bank or savings and loan association that is an
official depository and that is selected by the finance officer.
(2)The selected bank or savings and loan association arranges for the redeposit of funds in deposit
accounts of the local government or public authority in one or more federally insured banks
or savings and loan associations wherever located, provided that no funds shall be deposited
in a bank or savings and loan association that at the time holds other deposits from the local
government or public authority.
(3) The full amount of principal and any accrued interest of each deposit account are covered by
federal deposit insurance.
(4) The selected bank or savings and loan association acts as custodian for the local government
or public authority with respect to the deposit in the local government's or public authority's
account.
(5) On the same date that the local government or public authority funds are redeposited, the
selected bank or savings and loan association receives an amount of federally insured deposits
from customers of other financial institutions wherever located equal to or greater than the
amount of the funds invested by the local government or public authority through the selected
bank or savings and loan association.
c. Moneys may be invested in the following classes of securities, and no others:
(1) Obligations of the United States or obligations fully guaranteed both as to principal and
interest by the United States.
(2) Obligations of the Federal Financing Bank, the Federal Farm Credit Bank, the Bank for
Cooperatives, the Federal Intermediate Credit Bank, the Federal Land Banks, the Federal
Home Loan Banks, the Federal Home Loan Mortgage Corporation, Fannie Mae, the
Government National Mortgage Association,the Federal Housing Administration,the Farmers
Home Administration,the United States Postal Service.
(3) Obligations of the State of North Carolina.
(4) Bonds and notes of any North Carolina local government or public authority, subject to such
restrictions as the secretary may impose.
(5) Savings certificates issued by any savings and loan association organized under the laws of the
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State of North Carolina or by any federal savings and loan association having its principal office
in North Carolina; provided that G.S. 159-30 Page 2 any principal amount of such certificate in
excess of the amount insured by the federal government or any agency thereof,or by a mutual
deposit guaranty association authorized by the Commissioner of Banks of the Department of
Commerce of the State of North Carolina, be fully collateralized.
(6) Prime quality commercial paper bearing the highest rating of at least one nationally recognized
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rating service and not bearing a rating below the highest by any nationally recognized rating
service which rates the particular obligation.
(7) Bills of exchange or time drafts drawn on and accepted by a commercial bank and eligible for
use as collateral by member banks in borrowing from a federal reserve bank, provided that
the accepting bank or its holding company is either (i) incorporated in the State of North
Carolina or (ii) has outstanding publicly held obligations bearing the highest rating of at least
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one nationally recognized rating service and not bearing a rating below the highest by any
nationally recognized rating service which rates the particular obligations.
(8) Participating shares in a mutual fund for local government investment; provided that the
investments of the fund are limited to those qualifying for investment under this subsection
(c)and that said fund is certified by the Local Government Commission.The Local Government
I Commission shall have the authority to issue rules and regulations concerning the
establishment and qualifications of any mutual fund for local government investment.
(9) A commingled investment pool established and administered by the State Treasurer pursuant
I to G.S. 147-69.3.
(10) A commingled investment pool established by interlocal agreement by two or more units of
local government pursuant to G.S. 160A-460 through G.S. 160A-464, if the investments of the
pool are limited to those qualifying for investment under this subsection (c).
(11) Evidences of ownership of, or fractional undivided interests in, future interest and principal
payments on either direct obligations of the United States government or obligations the
principal of and the interest on which are guaranteed by the United States,which obligations
Iare held by a bank or trust company organized and existing under the laws of the United States
or any state in the capacity of custodian.
(12) Repurchase agreements with respect to either direct obligations of the United States or
obligations the principal of and the interest on which are guaranteed by the United States if
entered into with a broker or dealer,as defined by the Securities Exchange Act of 1934,which
is a dealer recognized as a primary dealer by a Federal Reserve Bank,or any commercial bank,
trust company or national banking association, the deposits of which are insured by the
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Federal Deposit Insurance Corporation or any successor thereof if:
a. Such obligations that are subject to such repurchase agreement are delivered (in physical
or in book entry form) to the local government or public authority, or any financial
institution serving either as trustee for the local government or public authority or as fiscal 1
1 agent for the local government or public authority or are supported by a safekeeping
6 receipt issued by a depository satisfactory to the local government or public authority,
provided that such repurchase agreement must provide that the value of the underlying
1 obligations shall be maintained at a current market value, calculated at least daily, of not
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less than one hundred percent(100%)of the repurchase price,and, provided further,that
the financial institution serving either as trustee or as fiscal agent for the local government
<1 or public authority holding the obligations subject to the repurchase agreement
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hereunder or the depository issuing the safekeeping receipt shall not be the provider of
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the repurchase agreement;
b. A valid and perfected first security interest in the obligations which are the subject of
such repurchase agreement has been granted to the local government or public
1 authority or its assignee or book entry procedures, conforming, to the extent
practicable, with federal regulations and satisfactory to the local government or public
authority have been established for the benefit of the local government or public
authority or its assignee;
c. Such securities are free and clear of any adverse third party claims; and
d. Such repurchase agreement is in a form satisfactory to the local government or public
authority.
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(13) In connection with funds held by or on behalf of a local government or public authority,which
funds are subject to the arbitrage and rebate provisions of the Internal Revenue Code of 1986,
as amended, participating shares in tax-exempt mutual funds,to the extent such participation,
in whole or in part, is not subject to such rebate provisions, and taxable mutual funds, to the
extent such fund provides services in connection with the calculation of arbitrage rebate
requirements under federal income tax law; provided, the investments of any such fund are
limited to those bearing one of the two highest ratings of at least one nationally recognized
rating service and not bearing a rating below one of the two highest ratings by any nationally
recognized rating service which rates the particular fund.
(d) Investment securities may be bought, sold, and traded by private negotiation, and local
( governments and public authorities may pay all incidental costs thereof and all reasonable costs
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of administering the investment and deposit program. Securities and deposit certificates shall be
in the custody of the finance officer who shall be responsible for their safekeeping and for keeping
accurate investment accounts and records.
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(e) Interest earned on deposits and investments shall be credited to the fund whose cash is deposited
or invested. Cash of several funds may be combined for deposit or investment if not otherwise
prohibited by law; and when such joint deposits or investments are made, interest earned shall
be prorated and credited to the various funds on the basis of the amounts thereof invested,
figured according to an average periodic balance or some other sound accounting principle.
Interest earned on the deposit or investment of bond funds shall be deemed a part of the bond
I proceeds.
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(f) Registered securities acquired for investment may be released from registration and transferred j
by signature of the finance officer.
1 (g) A local government, public authority, an entity eligible to participate in the Local Government I
Employee's Retirement System, or a local school administrative unit may make contributions to a
i Local Government Other Post-Employment Benefits Trust established pursuant to G.S. 159-30.1.
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(h) A unit of local government employing local law enforcement officers may make contributions to
the Local Government Law Enforcement Special Separation Allowance Fund established in G.S.
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147-69.5. (1957, c. 864, s. 1; 1967, c. 798, ss. 1, 2; 1969,c. 862; 1971, c. 780, s. 1; 1973,c.474, ss.
24, 25; 1975, c. 481; 1977, c. 575; 1979, c. 717, s. 2; 1981, c. 445, ss. 1-3; 1983, c. 158, ss. 1, 2;
1987, c. 672, s. 1; 1989, c. 76, s. 31; c. 751, s. 7(46); 1991 (Reg. Sess., 1992), c. 959, s. 77; c. 1007,
s. 40; 1993, c. 553, s. 55; 2001-193, s. 16; 2001-487, s. 14(o); 2005-394, s. 2; 2007-384, ss. 4, 9;
2010-175, s. 1; 2013-305, s. 1.)
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CERTIFIED COPY OF RESOLUTION
1 OF
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New Hanover County
I, the undersigned, hereby certify that I am a representative of the above-named governmental entity, which entity
is duly organized and existing under the laws of the State of North Carolina: that the following is a true copy of
the Resolution duly adopted by the above-named governmental entity effective the 22nd day of June, 2021.
RESOLVED, that the officers listed below are authorized Representatives of the above-named governmental
entity with the authority to conduct all Trust Business on behalf of the entity with First-Citizens Bank & Trust
1 Company.
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Name Title Signature
Lisa Wurtzbacher Chief Financial Officer p< 0 —
1 Martha Wayne Deputy Financial Officer Laitr2-- ,
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I further certify that this Resolution nnhas neither been rescinded nor modified.a
Witness my hand and seal of this Oday of SW., 2041 .
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`� Print: u i .
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