HomeMy WebLinkAbout2022-03-21 RM ExhibitsExhibit
Book A Pape-211
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF CONTRACT TO AUDIT COUNTY FINANCIAL STATEMENTS
WHEREAS, staff solicited proposals from qualified certified public accountants to audit the
county's financial statements for the fiscal year ending June 20, 2022, with the option of
renewing the contract for each of the following four fiscal years based on satisfactory
performance each year; and
WHEREAS, a proposal was received from Cherry Bekaert LLP; and
WHEREAS, after evaluating the proposal using a two-step process recommended by the Local
Government Commissioner (LGC), staff recommends Cherry Bekaert LLP for award of contract.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that
the contract to audit the financial statements for the county for fiscal year 2021-2022 is awarded
to Cherry Bekaert LLP with the option to renew the contract for each of the following four fiscal
years based upon satisfactory performance each year.
ADOPTED this the 21s' day of March, 2022.
NEW HANOVER COUNTY
Exhibit
ills ALL(- Pa g e
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL NUTRITION MONTH PROCLAMATION
WHEREAS, food is the substance by which life is sustained; and
WHEREAS, the type, quality, and amount of food that individuals consume each day plays a vital
role in their overall health and physical fitness; and
WHEREAS, there is a need for continuing nutrition education and a wide -scale effort to enhance
healthy eating practices; and
WHEREAS, choosing nutritious foods and getting enough physical activity can make a significant
difference in your health; and
WHEREAS, this year's theme, "Celebrate a World of Flavors," embraces global cultures,
traditions, and recipes from all people and encourages everyone to make informed choices and
develop sound eating and physical activity habits they can follow all year long.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
March 2022 will be recognized as "National Nutrition Month" in New Hanover County.
ADOPTED this the 211t day of March, 2022.
NEW HA OVER COUNTY
61
Julif son-libseman, Chair
ATTEST:
IXTa7,,.4TMr4n- a &ZA 'I
Exhibit
of nPage
Current Year 2021-2022
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
185,077,365,61.
$
13,255,595.51
7,268,866.78
$
205,601,827.90
Abatements
$
(2,194,765,83)
$
(175,58035)
$
(2,370,346.58)
Adjustments
$
53,921.23
$
10,034.14
$
63,955.37
Total Taxes Charged
$
182,936,521,01
$
13,090,048.90
$
7,268,86638
203,295,436.69
Collections to Date
178,449,563.12
$
12,217,010,08
$
7,268,86638
197,935,439.98
*Refunds
1,640,899.50
$
52,195,60
$
1,693,09510
Write-off
$
(2732)
$
(24k1)
$
(51-93)
Outstanding Balance
$
6,127,884.71
$
925,259.03
$
-
$
7,053,039.88
Collection Percentage
96.65
92.93
.
!!.00
4
................
96.53
9 5
—
YTD Interest Collected
$
62,88719
(1,216,46)
$
64,878.45f
$
126,549,28
9, 8
881yofflamm
zmmaf"��
Scroll
Real Estate
Personal Property
Motor Vehicles
Combined
$ 1,559,827.99
$ 4,930,703.69
$ 324,971.15
$
6,815,50183
Abatements
$
(2,014.80)
$
(141,398.75)
$
$
(143,413,55)
Adjustments
$
(2,315.87)
$
6,71
$
$
(2,309.16)
Total Leroy
$
1,555,49732
$
4,789,311,65
$
324,971,15
$
6,669,780.12
Collections to Date
$
423,86137
$
106,63155
$
578.49
$
531,072.41
*Refunds
$
21,711.68
$
12,859,80
$
1934
$
34,590.82
Write-off
$
39,035.37
249,73189
$
79,591.51
368,35937
Outstanding Balance
$
1,114,31126
$
4,445,806,01
$
244,820.49
$
6,541,65830
YTD oterest Interest
$
76,242.94
$
18,917.07
$
949.02
$
96,109.03
Total Prior Year Collections YTO
amuffim
Grand Total All Collections YTD $ 16,961,48,78
" Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
C, io the Board 40
Date
Exhibi
Book i Page V3.3
00, 1111
Scroll/Billed
1 $
19,180II ,870.05
$
1,377,480.17 1
Abatements
$
(227,431.45)
$
(18,795.77)
$
(246,227.22)
Adjustments
$
5,587.53
$
1,039.77
$
6,627.30
Total Taxes Charged
$
18,959,026.13
$
111I,359,724.17
$
836,829.07
$
21,155,579.37
Collections to Date
$
18,297,525.35
$
1,262,163.28
$
836,82M7
$
20,396,517.70
*Refunds
$
13,767.35
$
138.19
$
13,905.54
Write-off
$
3.92
759,067.34
EM411 I ILSIAMargif4wr411,01
Total 2 Collections YTD $ 20,382,612.16J
Prior Years 2011-2020
MWIT,
MI. lzcmmffw"•�
MIN
Scroll
$
163,392.17
$
361,1:2
$
530,385.05
Abatements
$
(27.18)
$
�::I
(13,7 2,
$
(13,808M)l
Adjustments
$
(302.89)1
$
0.88
$
(302M)
�TotalLevy
$
163,06210
$
353,212.14
$
516,274.24
�Collections to Date
$
48,27L95
$
11,700.35
$
59,972.30
*Refunds
i
$
130M
$
612.70
$
743.63
'Write-off
$
3.97
6.18
$
457,051.75
Grand Total Alt Collections YTD $ 20,449,931.02
Detailed information for Refunds can be found in the Fax Office
NEW HANOVER COUNTY
Chair
ai
F 41-M v—
CII=VLU LIM Board 10
z / lwa,
W1,
_Ea�te
Exhibit
B pill
ook
mm"'Mm'm = ZFjj8ggI= IM av
Current Year 2021-2022
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$
11,539,113.20
$
986,968.01
$
575,805.01
$
13,101,886.22
Abatements
$
(74,64134)
$
(13,581,74)
$
(88,22108)
Adjustments
$
7,35122
$
517,00
$
7,869.22
Total Taxes Charged
$
11,471,824.08
$
973,903.27
$
575,805.01
$
13,021,53236
Collections to Date
$
11,075,898.69
$
917,798.83
$
575,805.01
$
12,569,50153
*Refunds
$
11,090m
$
13936
$
11,229.76
Write-off
$
2,23
$
Loo
$
123
Outstanding Balance
$
407,013,16
$
56,243.20
$
-
$
463,262.82
Collection Percentage
96.45
9422
100.00
9674
,q
YTD Interest Collected
$
4,787,18
$
10112
$
4,850.13
3
9,740.43
Prior Years 2011-2020
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
95,635,54
$
259,708,63
$
19,675.71
$
375,019.88
Abatements
$
(279.86)
$
(633.50)
$
-
$
(913.36)
Adjustments
$
-
$-
-
$
-
TotalLevy$
95,355.68
259,075.13
$
19,67531
$
374,106,52
Collections to Date
$
22,368.18
$
13,71&42
$
45.14
$
36,131.74
*Refunds
$
31,61
$
506.80
$
-
$
538.41
Write-off
$
1,287.66
$
14,59&67
$
4,657.39
$
20,54332
Outstanding Balance
$
71,731.45
$
231,264,84
$
14,973,18
$
359,056.91
mmj
71) Interest Collected
$
4,476,98
1,091.52
$
4839
$
5,616,89 1
Total Prior Year Collections YTD
09UMM
Grand Total All Collections YTC3 $ 12;Q9g71a8
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Exhibit ,
Book Page.0�,,+A
AGENDA: March 21,2022
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINkNCE AMENDING THE FISCAL YEAR 2022 BUDGET
BE ITORDAINED 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
Strategic Focus Area: Effective County Management
Strategic Objective(s): Deliver quality service at the right time
Fund: Bike & Pedestrian Path Capital Projects
Department: Parks & Gardens
Revenue:
Decrease
Increase
Total
BA 22-045 NCDOT Grants
$ (1,092,000)
$ 553,472
$ i538,528
BA 22-045'Fransfer in From General Fund
$
$ 150,000
$
BA 22-045 Transfer in From Capital
Improvements Project Fund
$ 163,901
163,
Total
$ 42--thf0 i
F $ 867,373
Li —
Fund: Capital Improvement Projects
Department- Parks & Gardens
ExL)enditure:
BA 22-045 Transfer to Bike & Ped Cap Proj's
Decrease
Increase
7$��163,901
Total
$
F —163,901
,BA 22-045 Elevator Upgrades
$ (163,901)
(163,901)
Total
$ I!b�,901)
163,9 1
$
Section 2: Explanation
BA 22-045 is to accept a grant from the North Carolina Department of Transportation (NC DOT) in the amount of
$553,472, and reallocate funds for bike and pedestrian paths projects. The FY20 and FY21 Capital Improvement
Project (CIP) Plans included general. fund and grant handing estimates to design and construct the :Market Street
Extension and the Middle Sound Loop Connector projects individually. The design phase is complete for both
projects and right of away (ROW) acquisition is ready to begin, The NCDOT awarded a grant for the combined
construction of both projects in the amount of $553,472, with a required match of $138,368. This budget
amendment will make adjustments to the CIP Plan to match the actual grant award and to increase the amount of
county funds needed for the ROW acquisition and county match. Once the construction bids are advertised, the
board will be asked to approve the contractor selection and if additional funds are needed, a budget amendment (BA)
will be presented for adoption. This BA will also close out the elevator upgrades capital improvement project that
was funded with. general fund dollars in the FY16, FY17 and FY18 CIP Plans for several county facilities. The
elevator upgrades are complete, This BA will move the project savings of $163,901 to theBike and Pedestrian
Capital project fund to be used for the construction of Market Street Extension and Middle Sound Loop Connector
multi -use paths. A. transfer in.fsom the general fund, with a net effect of zero, is included in this budget amendment
to show the general fund dollars' movement between the individual bike and pedestrian path projects.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North
Carolina, that the Ordinance for Budget Amendment 22-045 amending the annual budget ordinance for the fiscal
year ending June 30, 2022, is adopted.
Adopted, this 21 st day of March, 2022.
(SEAL
T-- is 7Q, T' 'on-Boseiva4Chair
ATTEST:
KyrnbVeig]W(T. Crowell, Jerk to the Board
�
.." HIA,
AGENDA: March 21, 2022 Page2l
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the
following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Continuous focus on the customer experience
Fund: General
Department: Library
Ex liture:
Decrease
I Increase
I Total
BA 22-061 Library
1 $ 402000 ILI
40,000
Total
$ -
$ 40,000
[$:�40,0�00
Revenue:
Decrease
increase
Total
BA 22-061 State Library Grant
$ 40,000
40,000
Total
Prior to
Total if Actions
Actions Today Taken
Departmental Budget $ 5,729,877 L$ 5,769,877
Section 2: Explanation
BA 22-061 accepts an Adapting Technology grant awarded to the Library by the NC State Library for $40,000. This
grant will provide the funding to purchase and install a contact -free library smart locker system at the Senior
Resource Center (SRC). This system enables flexible book pickup for library users who frequent the SRC to access
materials outside of regular business hours and without interacting with staff. There is no required county match for
this grant.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North
Carolina, that the Ordinance for Budget Amendment(s) 22-061 amending the annual budget ordinance for the fiscal
year ending June 30, 2022, is adopted.
Adopted, this 21 st day of March, 2022.
Chair
AIYE I T:
•
KAji erleigh G. Crowe&..',Ierk to the
Exhibit
AGENDA: March 21, 2022 , X!JLt L P a g e
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the
following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Deliver quality service at the right time
Fund: General
Department: Senior Resource Center
EjftLqditure-.
Decrease
Increase
Total
BA 22-064 Senior Resource Center
$ 112,236
�82,236�
Total
$
:::::: �82236
r—$-82.236
Revenue:
Decrease
increase
Total
BA 22-064 HCCBG Grant
�82,iM
1$ 82236
Total
82,2361
$ 82,236
Prior to
.Actions Today
Departmental Budget Li__j
Total if Actions
Taken
F _s 82,2361
Section 2: Explanation
BA 22-064 accepts additional Home and Community Care Block Grant (IICCBG) finds for the Senior Resource
Center in the amount of $82,236. The increase will be used to hire one FTE Social Worker to provide case
management services ($10,193) and one casual part-time Recreation Program Coordinator ($3,717), The increase
will also be used to purchase approximately 38 cases of liquid nutrition for clients in need ($1,400), purchase
outdoor seating .for congregate meal participants ($1,300) and purchase an additional 8,958 congregate meals
($60,452). The Senior Resource Center will also replace a treadmill ($5,174). 'The NC Division of Aging & Adult
Services (DAAS) announced this increasefor FY22, to be used by June 30, 2022, and stated the increased level will
be recurring in FY23, The grant requires a 1.0% match that will be made with existing Senior Resource Center
program expenses, The FY23 recommended budget will include the positio.ns using the anticipated increase in grant
revenues.
Section 3. Documentation of Adoption
This ordinance shall be et'l.ective upon its adoption.
NOW,'ITIEREFORE, BE IT RESOLVED by the Board of County Cormnissioners of. New Hanover County, North
Carolina, that the Ordinance for Budget Amendment(s) 22-064 amending the annual budget ordinance for the fiscal
year ending June 30, 2022, is adopted..
.Adopted, this 21st day of March, 2022.
M
E)d u11) it
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
UE,
RESOLUTION REQUESTING FUNDING OF A 10-MILE PARALLEL LINE
FOR THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY
WHEREAS, the Lower Cape Fear Water and Sewer Authority (Authority) serves Brunswick, Bladen, Fender, New
Hanover, Columbus Counties, and the City of Wilmington with a Board of Directors representing those local
governments; and
WHEREAS, the Authority, as the largest regional water system in Eastern North Carolina, has the primary role of
providing raw water from the Cape Fear to supply treatment facilities that serve 550,000 customers in three separate
counties; and
WHEREAS, the New Hanover County Board of Commissioners wishes to ensure reliable availability and redundancy;
and
WHEREAS, in November 2021, the Authority experienced a major leak on a segment of line without redundancy; and
WHEREAS, should this same type of leak have occurred during the peak seasonal months, the potable water needs of
the Authority's wholesale customers, to include the State Port, ten regional medical facilities, the Sunny Point Military
Terminal, the rail terminal in Leland and the port terminal in Boiling Springs Lakes, and numerous other essential
operating businesses and facilities would be at risk, forcing those users to take extreme conservation measures during
a worst -case crisis scenario; and
WHEREAS, the current estimated cost for a 48" parallel line to resolve this risk is projected to be $54 million; and
WHEREAS, such funding burden would endanger or preclude funding for routine maintenance or other critical projects
for the foreseeable future; and
WHEREAS the New Hanover County Commissioners, along with the Authority's Board of Directors, calls upon the
legislators to assist in funding this critical regional infrastructure for eastern North Carolina,
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners requests members of the
North Carolina Legislature to allocate funding for a ten -mile parallel line for the purposes of redundancy, reliability,
and emergency management.
ADOPTED this -the 2111 day of March, 2022.
7jffW1TjzW"A I L F#VJX7*fJ "S
-Boseman, Chair
well, Clerk to the Board
Ex h 1-1 u h
0, 0 0 k )�-!. I -- Pa g e
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NORTH CAROLINA AZALEA FESTIVAL SEASON PROCLAMATION
WHEREAS, New Hanover County is pleased to host the 75th annual North Carolina Azalea Festival; and
WHERAS, New Hanover County has been celebrating spring and this community for 75 years, making
this a historic year for all the region; and
WHEREAS, this proud local tradition draws visitors to the port city area year after year to enjoy the
beauty of nature, entertainment, a street fair, parade and riverfront attractions; and
WHEREAS, in addition to stunning floral displays, the North Carolina Azalea Festival celebrates the arts
and history of New Hanover County; and
WHEREAS, the North Carolina Azalea Festival promotes the local tourism industry in that it encourages
visitors to explore what makes this region a wonderful place to live from the river to the coast.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April
6-10, 2022 will be recognized as "North Carolina Azalea Festival Season" in New Hanover County, and
commends its observance to all citizens.
ADOPTED this the 2111 day of March, 2022.
CO Y
;NEW A OVE
N I T �i' son oseman, Chair
ATTEST:
Ky berleigh G. C&ell, Clerk to the Board
Exhbt
Book,X�!0_Ya( g e
AGENDA: March 21, 2022
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the
following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Deliver quality service at the right time
Fund: General
Department: Finance
Exgeuditure;
Decrease
Increase
Total
BA 22-050 General Government
$ 165,793
$ 165,793
Total
$
793
1-65,793
Revenue:
DLerease
Increase
Total
BA 22-050 Appropriated Fund Balance
$ 165,
$ 165,79
. . . . . . . . . . . . . . . . . . . . . . . . . .
Total
$ 165,793
$ 165,793
Prior to
Actions Todav
Depattraental Budget $ 58,775,195
Appropriated Fund Balance $ 3,286,9361
Total if Actions
Taken
$ 58,940,998
I$ 3,452,729
Section 2: Explanation
BA 22-050 In 2019, the Wilmington Urban Area Metropolitan Planning Organization (WMPO) and the City of
Wilmington allocated a total of$2,497,127 in funding to renovate property located at 525 North 4th Street which
was deeded to the City of'Wilmington by the NC Department of Transportation to be used for transportation
purposes, Renovation designs to up it this building into office space for WMPO staff were completed in late 2021
and bids for construction were opened in January 2022. Bids for the project were $647,319 more than allocated For
the project. The WMP0 will be required to fund $1,873,469 of the gap with the city's match requirement of
$468,367. The city's project budget includes $136,781 in unallocated funding which can be utilized for a portion of
this match, leaving an additional $331,586 needed to be appropriated by the City of Wilmington's Multi -modal
Facility Project. County staff is recommending 50% of the remaining gap, or $165,793,
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North
Carolina, that the Ordinance f.br Budget Amendment(s) 22-050 amending the annual budget ordinance for the fiscal
year ending June 30, 2022, is adopted.
Adopted., this 21 st day of March, 2022,
Exhibit
Book JU I I Page
RESOLUTION OF711E BOARD OF COMMISSIONERS OF THE COUNTY OF NIA: w HANOVER,
NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN
INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE
WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTYro REIMBURSE
ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING
FOR CERTAIN OTHER RELATED MATTERS THERETO
WHERFAS, the County of New Hanover, North Carolina (the "Courqy") is a validly existing
political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State
of North Carolina (the "State ");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1)
enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal
property and to finance or refinance the construction or repair of fixtures or improvements on real property
and (2) create a security interest in some or all of the property financed or refinanced to secure repayment
of the purchase price;
WHERE,AS, the County has previously executed and delivered (1) art Installi-rient Financing
Contract dated as of June 1, 2010 (the -2010 Contract) with the New Hanover Financing Corporation (the
"Corporation "), the proceeds of which were used to finance the Projects (as defined in the 201.0 Contract),
including, among other things, the acquisition and renovation of a portion of the County's government
center complex (the "Government Center') in 2005 and 2007 and acquisition of the County's judicial
building in 2000 and a 5-story expansion. of the judicial building in 2002 (the ",ludicial.Building"); (2) a
Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 granting a lien on the sites
of the Goverinnent Center and the Judicial Building, as modified by (a) a Notice of Extension of Deed. of
Trust to Additional Property dated as of February 1, 2020 extending the lien of the Deed of Trust to the site
of the Juvenile Justice Facility (as defined in the Second Contract Amendment), (b) a Deed of Partial.
Release dated as of February 1, 2020 releasing the lien on the Government Center from the Deed of Trust,
and (c) a Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 extending
the lien of the Deed of Trust to the site of the New Government Center (as defined in the Third Contract
Amendment) (collectively, the "Deed ()f Trust "); (3) Amendment Number One to the Contract dated as of
September 1, 2012 (the "First Contract Amendment") with the Corporation, the proceeds of which were
used. to refinance the 2003 Projects (as defined in the First Contract Amendment); (4) Amendment Number
Two to the 2010 Contract dated as of February 1, 2020 (the "Second Contract Amendment' ) with the
Corporation, the proceeds of which were used to finance the 2020A Projects (as defined in the Second.
Contract Amendment); and (5) Amendment Number Three to the 2010 Contract dated as of March 1, 2021.
(the "Third Contract Amendmene) with the Corporation, the proceeds of which were used to finance the
2021. Projects and refinance the Refunded 2018 Contract (each as defined in the Third Contract
Amendment);
WIIERI,"NS, the Board hereby determines that it is in the best interest of the County to enter into
Amendment Number Four to the 2010 Contract (the "Fourth Contract Amendment" and collectively with
the 2010 Contract, the First Contract Amendment, the Second Contract Amendment, and the Third Contract
Amendment, the "C'ontract") with. the Corporation to pay the capital. costs of (a) the acquisition,
constniction, and equipping of an Emergency Logistics Center, (b) the acquisition, construction, and
development of Hanover Pines Nature Park., (c) water and sewer line and road improvements to Blue Clay
Business Park, (d) renovations and irriprovernents to parks and recreation facilities in the County, including
Long Leaf Park, Veterans Park, Ogden. Park, and Northern. Regional park, (e) the purchase and installation
of certain information. technology and communications equipment, (f) the acquisition of various vehicles
and equipment for general. government purposes, including for schools, police, and fire rescue, and (g) other
miscellaneous capital improvements (collectively, the "2022.PrQjects ");
WI-mi-REAS, the County hereby determines that acquiring the 2022 Projects is essential to the
County's proper, efficient and economic operation and to the general health and welfare of its inhabitants;
that acquiring the 2022 Projects will provide an essential use and will permit the County to carry out public
functions that it is authorized by law to perform; and that entering into the Fourth Contract Amendment is
.necessary and expedient for the County by virtue of the findings presented herein-,
WHEREAS, the County hereby determines that the Fourth Contract Amendment would allow the
County to purchase the 2022 Projects and take title thereto at a favorable interest rate currently available in
the financial marketplace and on terms advantageous to the County;
WTIEREA,S, the County hereby determines that the estimated cost of acquiring the 2022 Projects is
an amount not to exceed. $34,000,000 and that such cost of the acquisition of the 2022 Projects exceeds the
amount that can be prudently raised from currently available appropriations, unappropriated fund balances
and non -voted bonds that could be issued by the County in. the current fiscal year pursuant to Article V,
Section 4 of the Constitution of the State,
WHEREAS, although the cost of acquiring the 2022 Projects pursuant to the Fourth Contract
Amendment is expected to exceed the cost of acquiring the 2022 Projects pursuant to a bond financing for
the same undertaking, the County hereby determines, that the cost of acquiring the 2022 Projects pursuant
to the Fourth Contract Amendment and the obligations of the County thereunder are preferable to a general.
obligation bond financing or revenue bond financing for several reasons, including but not limited to the
following: (1) the cost of a special election necessary to approve a general obligation bond financing, as
required by the laws of the State, would result in the expenditure of significant funds; (2) the time required
for a general obligation bond election. would cause an unnecessary delay which would thereby decrease the
financial benefits of acquiring, constructing, improving and equipping the 2022 Projects; and (3)
insufficient revenues are produced by the 2022 Projects so as to permit a revenue bond financing-,
WHEREA,5, the County has determined and hereby determines that the estimated cost acquiring the
2022 Projects pursuant to the Fourth Contract Amendment reasonably compares with an estimate of similar
costs under a bond financing for the same undertaking as a result of the findings delineated in the above
preambles;
WHEREAS, the County does not anticipate a future property tax increase to pay installment
payments falling due under the Fourth Contract Amendment;
WHERENS, the sums to fall due under the Fourth Contract Amendment will be adequate but not
excessive for its proposed. purpose;
WHE'REAS, Parker Poe Adarns & Bernstein LLP, as bond counsel. ("Bond Counsel"), will render
an. opinion to the effect that entering into the Fourth. Contract Amendment and the transactions contemplated
thereby are authorized by law;
WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach
of the Fourth Contract, Amendment, and the taxing power of the County is not and may not be pledged in
any way directly or indirectly or contingently to secure any money due under the Fourth Contract
Amendment;
WJJEREA,, the County is not in default under any of its debt service obligations;
WHEREAS, the Country's budget process and Annual Budget Ordinance are in compliance with the
Local Government Budget and Fiscal Control Act, and external auditors have determined that the County
has conformed with generally accepted accounting principles as applied to governmental units in preparing
its Annual Budget ordinance-,
PVHERE-,AS, past audit reports of the County indicate that its debt management. and contract
obligation payment policies have been carried out in strict compliance with the law, and the County has not
been censured by the North Carolina Local Government Commission (the "I.GC7), external auditors or any
other regulatory agencies in connection with such debt management and contract obligation payment
policies;
WHEREAS; a public bearing on the Fourth Contract Amendment after publication of a notice with
respect to such public hearing must be held, and approval of the LGC with respect to entering into the
Fourth Contract Amendment must be received-,
WHIEREAS, the County will. incur and pay certain expenditures (the "Original .1,xpenditures ") in
connection with the 2022 Projects prior to the date of execution and delivery of the Fourth Contract
Amendment, such Original Expenditures to be paid for originally from a source other than the proceeds of
the Fourth Contract Amendment, and the County intends, and reasonably expects, to be reimbursed for such
Original Expenditures from a portion of the proceeds of the Fourth ContractAmendment; and
WHEREAS; the County hereby determines that all findings, conclusions and determinations of the
County in this Resolution are subject to rnodification or of after all interested parties have been
afforded the opportunity to present their comments at a public hearing regarding the execution and delivery
of the Fourth Contract Amendment and the 2022 Projects to be financed thereby.
NOW, THEREFORE, BEITRE,OLVED BY THE BOARD OF COMMESIONERS OF THE
COUNTY OFNEWHANOVER, NORTHCAROLINA, ASFOLLOWS.-
Section 1. Authorization to Negotiate Fourth Contract Amendment. That the County
Manager or the Chief Financial Officer, with advice from the County Attorney and Bond Counsel, are
hereby authorized and directed to proceed and negotiate on behalf of the County the Fourth Contract
Amendment for a principal amount not to exceed $34,000,000 to finance the 2022 Projects, to be entered
into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina, as
amended.
Section 2. Application to.LGC. That the Chief Finance Officer or her designee :is hereby
directed to file with the LGC an application for its approval of the Fourth Contract Amendment and all
relevant transactions contemplated thereby on a formprescribed by the LGC and to state in such application
such acts and to attach thereto such exhibits regarding the County and its financial condition as may be
required by the LGC.
Section 3, Direction to Retain Professionals. That the County Manager and the Chief
Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the
assistance of :Parker Poe Adams & Bernstein LLP,.Raleigh, North Carolina, as bond counsel, First Tryon.
Advisors, Charlotte North Carolina, as financial advisor, PNC Capital. Markets LLC, Charlotte, Noith
Carolina, as underwriter, and U.S. Bank Trust Company, National Association, as trustee, The County
Manager and the Chief Finance Officer are hereby authorized to retain such other professionals as they
deem necessary in their judgment to carry out the transaction. contemplated in this Resolution.
Section 4. Public Hearing. That a public hearing (the "Public Hearing ") shall be conducted
by the Board on April 4, 2022 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina, concerning the Fourth Contract Amendment, the proposed
2022 Projects, and any other transactions contemplated therein and associated therewith.
Section 5. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause
a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified
newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing.
Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict
herewith are hereby repealed.
Section 7. Reimbursement. The County presently intends, and reasonably expects, to
reimburse itself for Original Expenditures in an amount not to exceed $34,000,000 on or after the date
occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the
Fourth Contract Amendment. The County adopts this Resolution as a declaration of official intent under
Section 1. 150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code
of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from
proceeds of the Fourth Contract Amendment. The Chief Financial Officer of the County, with advice from
bond counsel, is hereby authorized, directed and designated to act on behalf of the County in determining
and itemizing all of the Original Expenditures incurred and paid by the County in connection with the 2022
Projects during the period commencing on the date occurring 60 days prior to the date of adoption of this
Resolution and ending on the date of the execution and delivery of the Fourth Contract Amendment.
Section 7. Effective Date. That this Resolution is effective on the date of its adoption.
Read, approved and adopted this 21 st day of March,
51
to the Boardif
APIPROVVD AS To FORM:
C o Lu"Mn t rn c y
of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled
"RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING
CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE
INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS
THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board
of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 21 st day of
March, 2022.
WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the
day of March, 2022.
CROWELL
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
EXHIBIT A
NOTICE OF PUBLIC HEARING
At its March 21, 2022 meeting, the Board of Commissioners (the "Board') of the County of New
Hanover, North Carolina (the "County') adopted a resolution which authorized the County to proceed to
pay the capital costs of (a) the acquisition, construction, and equipping of an Emergency Logistics Center,
(b) the acquisition, construction, and development of Hanover Pines Nature Park, (c) water and sewer line
and road improvements to Blue Clay Business Park, (d) renovations and improvements to parks and
recreation facilities in the County, including Long Leaf Park, Veterans Park, Ogden Park, and Northern
Regional Park, (e) the purchase and installation of certain information technology and communications
equipment, (f) the acquisition of various vehicles and equipment for general government purposes,
including for schools, police, and fire rescue, and (g) other miscellaneous capital improvements
(collectively, the "2022 Projects"), pursuant to an amendment (the "Contract Amendment") to an
installment financing contract (the "Contract"), in a principal amount not to exceed $34,000,000 under
which the County will make certain installment payments, in order to make the 2022 Projects available to
the County.
NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North
Carolina, that on April 4, 2022 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the
approval of the execution and delivery of the Contract Amendment and the County's financing of the 2022
Projects. All interested parties are invited to present comments at the public hearing regarding the execution
and delivery of the Contract Amendment and the projects to be financed thereby.
/s/ KYM CROWELL
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
Published:
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE UNIFIED DEVELOPMENTORDI NANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED MARCH 21,2022
Exhbt
B o o k Pag e
WHEREAS pursuant to N.C.G.S. § 1,60D, the County of New Hanover ("County") rnay adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting heafth, safety, morals or the general welfare;
WHEREAS, the County desires to annendthe provisions in the Unified Development Ordinance to
update permissions and standards for Wireless telecommunication facilities and to perform
technical fixes to various identified provisions throughout the code;
WHEREAS, the amendrnent will update the Unified Development Ordinance to incorporate a
state law provision to require evidence with new to applications stating that co Hocation is
riot reasonably feasiWe, require bafloon tests at proposed tower- sites, refine structural and
aesthetic design standards, update provisions for stealthing in residential districts, modernize
setbacks in nonresWential districts, adjust pprincipal use permissions in noniresidential districts,
clarify how fractions are rounded, add a definition for Major Subdivision, allow for special
purpose utility lots for necessary public infrastructure, correct a clerical error for Assisted Living
Facilities within the B-1 district, update outdated provisions for traffic impact analyses, codify a
staff interpretation for street yard standards in multi-fairrifly districts, and cWify Ihow foundation
planting areas are calculated to better align with the increased building heights recently allowed
by the code;
WHEREAS, the County finds that this amendment is consistent with the purpose and intent of
the 2016 Cornprehensive Plan Ibecauuse it aligns with the Plain's implementation guiidefines that
airn to support business success, workforce developirnent, econornic prosperity, and public safety
while preserving the character of existing residential neighborhoods, and advances the County's
efforts to ensure the tools in the code continue to work as they are intended; and
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
interest because it incorporates zoning to that address co mpatibililty between necessary
wireless infrastructure and established residential neighborhoods and provides needed
maintenance for clearer and more consistent standards;
T11-1E BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOT H ORDAIN:
Section 1. "I"he Unified Development a rdinance of the County of New I-lanover adopted February
3, 2020 is hereby amended per the attached document,
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, ton the extent
Of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to
the conditions also approved aspart ofthis action, shall beinfull force and effect from and after
its adoption.
Sectiom4. The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D-
605. that adoption of this amendment is consistent with the purpose and intent o{the 2016
Comprehensive Plan because it aligns with the P|an's implementation guidelines that aim to
support business success, workforce development, economic prosperity, and public safety while
preservingthe character of existing residential neighborhoods, and advances the County's efforts
to ensure the tools in the code continue to work as they are intended, and that approval of the
amendment is reasonable and in the public interest because it incorporates zoning tools that
address compatibility between necessary wireless infrastructure and established residential
neighborhoods and provides needed maintenance for clearer and more consistent standards.
ADOPTED this the 21st day of March, 2022
ro
m Crowell, Clerk to the Board
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