HomeMy WebLinkAbout2022-04-04 RM ExhibitsExhi
Boo '.�.
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Scorpion Drive, Cosgrove Court and Halo Court located within the
Catherine's Cove Subdivision in New Hanover County (Division
File No: 1294-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of
the County of New Hanover requesting that the above described road(s), the location of
which has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the
Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s) for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 41h day of April, 2022.
WITNESS my hand and official seal this the 4th day of April, 2022.
C11 Y •
O
o jKerleigh G. well, Clerk to the Board
as New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
Exhibit
Book]L—k Page.2i-Jb
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Ashley Park Drive located within the Ashley Park at Georgetowne
Subdivision in New Hanover County (Division File No: 1297-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of
the County of New Hanover requesting that the above described road(s), the location of
which has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the
Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s) for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 4 1h day of April, 2022.
WITNESS my hand and official seal this the 4 th day of April, 2022.
K4yer6leigh G—.—C- well, —Clerk —
to the Board
New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
Exhibit
V,00k iu 11 Page 2�4 a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION RECOGNIZING THE EFFORTS OF
TnE %MLif6fVdT1A
THE LEADERSHIP WILMINGTON PROGRAM
WHEREAS, the objective of Leadership Wilmington is to educate, challenge and motivate
citizens and to develop future leaders to work for the betterment of our community; and
WHEREAS, the program consists of eight sessions to promote leadership skills,
community issues and challenges, regional social and economic change, and diversity; and
WHEREAS, the members of Leadership Wilmington work together and individually in
various community events; and
WHEREAS, Leadership Wilmington is committed to providing a continuous, diverse supply
of creative leaders to the community by developing their knowledge of the region and
providing them the opportunity for meaningful action.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners does recognize the Leadership Wilmington Class of 2022 and the
Wilmington Chamber of Commerce Education Foundation for their commitment and
dedication for contributing to the quality of life of New Hanover County and surrounding
areas.
ADOPTED this the 4 th day of April, 2022.
NEW HANOVER COUNTY
J uh 5;61son-Boseman, Chair
1-1
ATTEST:
IIIII.. lr oMM.-krowell, Clerk to the Board:
Exhibit
Book YO I I Page
WHEREAS, North Carolina 811, a utility service notification center and leader in education celebrates its
44th year of continuous service to the state, and is key to preventing injuries and damages when
excavating; and
WHEREAS, this vital service, which began in 1978 serves the citizens of North Carolina from the
WHEREAS, the unique service provides easy, one -call notification about construction and excavation
projects that may endanger workers and jeopardize utility lines while promoting workplace and publics
safety, reducin. underground utili%A_
environment; and
WHEREAS, as utility owners, excavators, designers, and homeowners work to keep pace with North
Carolina's economic development, it is important to minimize damages to underground utility lines,
danger to workers and the general public, environmental impacts, and loss of utility services to the
citizens of North Carolina; and
WHEREAS, in 2021, the North Carolina one call system received 2.3 million notification requests and
transmitted over 12.9 million requests, providing protection to utility companies' infrastructure, their
employees, excavators, and customers.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April
2022 will be recognized as "North Carolina 811 Safe Digging Month" in New Hanover County. Excavators
and homeowners are encouraged to dial 8-1-1 or visit wYvw.nC811.,S�M at least three working days prior
to di ' in r to "Know Wh,VLA ruidcw
tif dollars in damages. Remember that three working days' notice is the law, for safe digging is no
accident.
F, 0A of
rlia �son-Bosema n, Nair !.!?rl
ell, Clerk to the Board
Cxhibit
V
vook YL-W Page ;�44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION
WHEREAS, April is Sexual Assault Awareness Month (SAAM), a time to draw attention to the
prevalence of sexual assault and educate individuals and communities about how to prevent it.
WHEREAS, sexual harassment, abuse, and assault are widespread problems. In the United States
alone, nearly one in five women and one in 67 men have been raped at some time in their lives,
and one in four girls and one in twenty boys is sexually abused by the age of 17; and
WHEREAS, sexual harassment, assault, and abuse can happen anywhere, including in online
spaces. Now more than ever, screens and technology connect us with others, but for too long,
harassment, cyberbullying, and sexual abuse have been seen as unavoidable behaviors online.
Each person has the power to change that and together everyone can make a difference to build
inclusive, safe, and respectful communities that thrive online and offline; and
WHEREAS, 2022 marks the twenty-first anniversary of SRAM, and the theme of this year's
campaign is "Building Safe Online Spaces Together." Everyone can build online communities free
from sexual harassment, abuse, and assault by practicing digital consent, intervening when we
see harmful behaviors, and promoting online communities that value inclusion, safety, and
respect.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
April 2022 will be recognized as "Sexual Assault Awareness Month" in New Hanover County.
ADOPTED this the 411 day of April, 2022.
Jurlson-BosenYan, Chair
Clerk to the Board
Exhibit
BooPaqe_215,
RESOLUTION
AWARD OF BID TO WATERLINE SYSTEMS/US WATERCRAFT
FOR THE PURCHASE OF FIRE RESCUE BOAT
WHEREAS, after due advertisement, bids were received and publicly opened by the purchasing
supervisor via Microsoft Teams at 3:00 p.m., Tuesday, December 21, 2021. The following bids
were received for the purchase of a fire rescue boat for New Hanover County Fire Services; and
Brix Marine $737,964
Moose Boats $852,943
Waterline/US Watercraft $478,943
Lake Assault $716,587
WHEREAS, Waterline Systems/US Watercraft, is the lowest responsive, responsible bidder,
submitting a bid in the amount of four hundred seventy-eight thousand nine hundred forty-three
dollars ($478,943); and
WHEREAS, staff has reviewed all bids and recommends that the bid be awarded to Waterline
Systems/US Watercraft and funds were budgeted in FY21-22 for the purchase of the Fire Rescue
Boat.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that
award of the bid to Waterline Systems/US Watercraft for the purchase of a Fire Rescue Boat in
the amount of $478,943 is hereby approved.
ADOPTED this the 4 th day of April, 2022.
NEW2R COUNTY
sc�n- Bose m an, Chair
irdirm1%
Exhibit,
B o o P age 2-.4- U_ rA�
New Hanover County Monthly Collection Report for February 2022
Current Year 2021-2022
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$
185,077,365.61
$
13,255,595.51
$
8,146,613.02
$
206,479,574.14
Abatements
$
(2,213,504.17)
$
(176,421.83)
$
(2,389,926.00)
Adjustments
$
55,688.88
$
10,034.14
$
65,723.02
Total Taxes Charged
$
182,919,550.32
$
13,089,207.82
$
8,146,613.02
$
204,155,371.16
Collections to Date
$
182,083,330.52
$
12,406,440.55
$
8,146,613.02
$
202,636,384.09
*Refunds
$
2,083,138.52
$
62,033.80
$
2,145,172.32
Write-off
$
78.52
$
1,297.23
$
1,375.75
Outstanding Balance
$
2,919,279.80
$
743,503.84
$
-
$
3,665,535.14
Collection Percentage
98.40
94.32
100.00
98.20
YTD Interest Collected
$
163,096.35
$
4,096.51
$
73,909.53
$
241,102.39
Total 2021-2022 Collections YTD
Prior Years 2011-2020
200,732,314.16
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
1,559,827.99
$
4,930,703.69
$
324,971.15
$
6,815,502.83
Abatements
$
(2,014.80)
$
(142,348.74)
$
-
$
(144,363.54)
Adjustments
$
(2,315.87)
$
6.71
$
-
$
(2,309.16)
Total Levy
$
1,555,497.32
$
4,788,361.66
$
324,971.15
$
6,668,830.13
Collections to Date
$
444,253.38
$
113,174.70
$
1,399.04
$
558,827.12
*Refunds
$
21,125.14
$
12,994.04
$
376.04
$
34,495.22
Write-off
$
39,041.28
$
249,739.19
$
79,591.51
$
368,371.98
Outstanding Balance
$
1,093,327.80
$
4,438,441.81
$
244,356.64
$
6,512,870.21
JYTD Interest Collected
$
81,827.07
$
20,237.36
$
1,282.07
$
103,346.50
Total Prior Year Collections YTD
627,678.40
lGrand Total All Collections YTD $ 201,359,992.56
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
(C
C(c.;rfto the Board
Exhbt
24 LP
I'll 1111 1111
Current Year 2021-2022
Combined
Scroll/Billed
19,180,870.05
1,377,480.17
21,486,907.37
Abatements
$
(229,373.18)
(18,882.95)
(248,256.13)
,Adjustments
$
5,770.70
1.039.77
6,810.471
,Total Taxes Charged
18,957,267.57
1,359,636.99
$
928,557.15
21,245,461.71
Collections to Date
18,672,538.79
1,282,215.79
$
928,557,15
20,883,311.73
*Refunds
22,13L69
$
263.20
22,394.89
Write-off
19.88
$
139.32
$
159.20
362,309.18
[Total 2021-2022 Collections YTD $ 20,860,916.84
I Prior Years 2011-2020 1
$
163,e el
392.17
$
101 III
366,992.88
$
530,385.05
Abatements
$
(27.18)
$
(13,906.94
$
(13,934.16)
IAdjustments
------------
$
8
(302.9),
�Totaftevy
$
163,062.101,
$
353,086.7'
$
516AEI,148M
Collections to Date
$
51,036.34
$
12,539.4
$
63,575.82
,*Refunds
$
130.93
$
6
$
761.35
Write-off
$
4.75
0 '10
III
•
$
453,342.19
V4101
MEEMUZ =.��FVI
0M. 111127STNE-Mr?'T
Grand Total All Collections YTD $ 20,932,5
Detailed information for Refunds can be found in the Tax Office
Exhibit
look A-k t k Page G4-'-7
7.
rsonal Property
iScroll/Billed
$
11,539,113.20
i, $
986,968.01
$
646,614.54
$
13,172,695.75
Abatements
$
(75,058,42)
$
(13,687.55)
$
(88,745.97)
Adjustments
$
6,514M
$
517.00
$
7,031.88
Total Taxes Charged
$
11
$
973,797.46
$
646,614.54
$
13,090,981.66
Collections to Date
$
III,470,569.66
11,299,348.03
$
930,869.01
$
646,614.54
$
12,876,831.58
1*Refunds
$
16,563.19
$
181.68
$
16,744.87
1 o Write-ff
$
19.76
$
135.21
$
154.97
— ------ -- -
'Outstanding Balance
- -1- - _
Collection Percentage
M3MMMEMM
WA-31 a,
Scroll
$
95635.54
$
25IIIII 9,708.63
$
19,675.71
$
375,I 019.III 88
Abatements
$
(279.86)
$
(783.66)
$
-
$
II
(1,063.52)
Adjustments
$
-
$
- 1
$
ToI II
tall.evy
I,II
$
95,355.68
$
258,924.97
$
19,67571
$
373,956.36
iCollections II to
$
23ICI,673.79
$
14,010.84
$
56.15
$
37,740.78
*Refunds
$
31.61
$
509.56
$
-
$
541.17
Write-off
$
1,288.26
$
14,598.88
$
4,657.39—
$
20,544.53
MINOMMENNI
M
MWIIAMV2
Grand Total All Collections YTD $ 12,920,843.21)
*Detailed information for Refunds can be found in the Tax Office
1 A &�Z
wr C We to the Board
q1q1"vq
Datel I
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ADOPTING A CODE OF ETHICS
WHEREAS, G.S. 160A-86 requires local governing boards to adopt a code of ethics; and
WHEREAS, New Hanover County citizens deserve to be served by public officials who maintain the highest ethical
standards; and
WHEREAS, the stability and proper operation of democratic representative government depends upon public
confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens
upon their elected officials; and
WHEREAS, board members must act in a manner that maintains their integrity and independence and be responsive
to the interests and needs of those they represent; and
WHEREAS, board members must know how to distinguish among their various roles, to determine when each role
is appropriate, and to act accordingly:
1. As advocates, who strive to advance the legitimate needs of their citizens;
2. As legislators, who balance the public interest and private rights in considering and enacting ordinances and
resolutions, and
3. As fair and impartial decision -makers when making quasi-judicial and administrative determinations.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the
following Code of Ethics to guide the Board of County Commissioners in its decision -making. The Board of
Commissioners directs all county boards and committees to respect and abide by this Code of Ethics in the
performance of their duties.
Purpose.
The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County
Commissioners. It should not be considered a substitute for the law or for a board member's best judgment.
Section 1.
A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the
law should guide their actions. Board members should feel free to assert policy positions and opinions
without fear of reprisal from fellow board members or citizens.
B. Board members should endeavor to keep themselves current, through the County Attorney and other
sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must
be familiar in order to meet their legal responsibilities.
C. Board members shall comply with G.S. 160A-87 in receiving two clock hours of ethics education within
twelve months of each election or appointment to office.
Section 2.
Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors
that are consistent with this standard are:
A. Behaving consistently and with respect towards everyone with whom they interact.
B. Exhibiting trustworthiness.
C. Living as if they are on duty as elected officials regardless of where they are or what they are doing.
D. Using their best independent judgment to pursue the common good, while being able to consider the
opinions of others, presenting their opinions to all in a forthright manner.
E. Remaining incorruptible, self-governing, and not subject to improper influence.
F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining
from seeking or receiving information about quasi-judicial matters outside of the quasi-judicial proceedings.
G. Treating other board members and the public with respect and honoring the opinions of others even when
they disagree.
H. Being careful not to reach conclusions on issues until all sides have been heard.
1. Recognizing that individual board members are not generally allowed to act on behalf of the Board but may
only do so if the Board specifically so authorizes because the Board must take official action as a body.
Section 3.
Board members should be faithful in the performance of the duties of their office. Board members should faithfully
attend and prepare for meetings. They should carefully analyze all credible information that is properly submitted
to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They
should demand full accountability from those over whom the board has authority.
Section 4.
Elected members of local governing boards should conduct the affairs of their boards in an open and public manner.
They should comply with all applicable laws governing open meetings and public records, recognizing that doing so
is an important way to be worthy of the public's trust. They should remember when they meet that they are
conducting the public's business. They should also remember that the records of their local government belong to
the public. A climate of openness is to be maintained at all times.
They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and
that such sessions do not stray from the purposes for which they are called.
Section S.
This Code of Ethics shall be effective upon adoption, unless modified, amended, or repealed.
ADOPTED this the 4th day of April, 2022.
NEW HANOVER COUNTY
Bill Rivenbark, County Commissioner
ATTEST:
4Km rleigh G. Crowr Clerk to the Board
Exhibit
Book _KU-11-1- Page
RULES OF PROCEDURE FOR MEETINGS OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
1. APPLICABILITY
Rule1. Applicabifity of Rules. These rules apply to all meetings ofthe New Hanover County Board of Commissioners
at which the Board is empowered to exercise any of the executive, quasi-judicial, administrative, or legislative
powers conferred on it by law, including but not limited to regular informal work sessions orcommittee meetings
where public business isdiscussed but nuofficial action istaken.
OPEN MEETINGS
Rule 2. Meetings to Be Open.
A. The public policy of North Carolina and of New Hanover County bthat the hearings, deliberations, and
actions ofthis Board and its committees beconducted openly.
B. Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of
the New Hanover County Board of Commissioners shall be open to the public, and any person may attend.
C. Forthe purposes of the provisions of these rules concerning open meetings, an official meeting of the board
is defined as any gathering together at any time or place orthe simultaneous communication by conference
call or other electronic means of majority of board members for the purpose of conducting hearings,
participating in deliberations, or voting upon or otherwise transacting public business within the
jurisdiction, real orapparent, ofthe board.
Rule 3. Closed Sessions.
A. Notwithstanding the provisions of Rule 2, the Board may hold a closed session and exclude the public, but
only for the permitted purposes set forth inN.[.G.S.143'31D.11(a)(1'9).
B. The board may go into closed session only upon motion made, seconded, and adopted at an open meeting.
The motion shall state the general purpose of the closed session and must be approved by a majority of
those board members present and voting.
C. Unless the motion to go into closed session provides otherwise, the County Manager, County Attorney, and
Clerk to the Board shall attend the closed session. All other persons present shall be at the discretion and
consensus of a majority of the board.
Ill. ORGANIZATION OF THE BOARD
Rule 4. On the first Monday in December following a general election in which county
officers are elected, the board shall meet at their regular meeting time and place:
A. The present Chair shall call the meeting toorder and the present board, including retiring members, shall
approve the minutes ofthe previous meedng(s).
B. Newly elected members of the board shall take and subscribe the oath of office and be inducted into office
ifthey have not already been sworn.
C. The present Chair shall then recognize the County Attorney or the Clerk to the Board to preside until a new
Chair iselected from its members.
D. The board shall approve the bonds ofthe Finance Officer, Tax Collector, Sheriff and the Register ofDeeds
and induct them and any other newly elected county officials into office as appropriate.
RwteS' The Chairman and Vice -Chair ofthe Board shall beelected annually mt
the Board's first Monday meeting inDecember for aterm ofone year and shall not be removed from the office of
IV. REGULAR AND SPECIAL MEETINGS
Rule 6. Rplylar and Special Meetings.
s.
A. Regular Meetings, The Board shall hold a regular meeting on the First Monday of each month at 4:00 p.m.
and on the third Monday of each month at 9:00 a.m. unless otherwise stated on the schedule approved by
the board. Regular meetings shall be held in the Assembly Room located in the New Hanover County
Courthouse, 24 North Third Street, Wilmington, N.C.
B, Special Meetings. The Chair, or a majority of board members, may at any time call a special meeting of the
Board by a notice stating the time and place of the meeting and the subject(s) to be considered, The person
or persons calling the meeting shall cause the notice to be posted on the bulletin board located by the west
entrance doors of the New Hanover County Government Center and disbursed to the chairman and all
other beard members by fax, email, or other appropriate method at least forty-eight hours before the
meeting. In addition, the notice shall be mailed, faxed, emailed, or other appropriate method to individual
persons and media organizations having requested such notice as prodded in subsection (e) below. only
items of business specified in the notice may be transacted at a special meeting unless all members of the
Board are present or those not present have signed waivers.
C. Emergency Meetings. If a special meeting is called to deal with an unexpected circumstance requuinng
immediate consideration, the notice requirements of this rule do not apply. However, the person or persons
calling an emergency meeting shall tape reasonable action to inform the other board members and the
public of the meeting. (Local media organizations having requested notice of special meetings as provided
In subsection Qey, below, shall be notified of such emergency meetings by the same method used to notify
board members. Only business connected with the emergency may be discussed at the meeting.
D. Work Sessions and Committee Meetings. The board may schedule work sessions, committee meetings, or
other informal meetings of the Board, or of a majority of its members, at such times and concerning such
subjects as may be established by resolution or order of the Board. A schedule of any such meetings held
regularly shall be filed In the same place and manner as the schedule of regular meetings. Work sessions
and other Informal official meetings not held regularly are subject to the same notice requirements as
special meetings.
E. Sunshine List. Any individual or media organization must file a written request annually, by the last day of
July, with the clerk to the board for notice of all special meetings and regular meeting agenda summaries
of the board. Requests by individuals, other than the media, will be subject to a $10.00 non-refundable
annual fee; there will be no fee charged for notices sent by email or fax.
Rule `T. All Meetings within the County. All meetings shall be held within the boundaries of New Hanover County
except as otherwise provided herein:
A. A joint meeting with the governing board of any other political subdivision of this or any other state may
be held within the boundaries of either subdivision as may be specified in the call of the meeting. At any
such joint meeting, this board reserves the right to vote separately on all matters coming before the joint
meeting.
B. A special meeting called for considering and acting on an order or resolution requesting members of the
General Assembly representing all or any portion of this county to support or oppose any bill pending In the
General Assembly or proposed for introduction therein may be held in Raleigh or other such place as stated
in the call of meeting.
, A retreat, forum, or similar gathering held solely for the purpose of providing members of the board with
general information relating to the performance of their public duties.
D. A meeting to declare a Stale of Emergency or make decisions pertaining to a State of Erergency when a
majority of the Board is out of the County on official business,
Rules of Procedure for Meetings of the NHC Board of Commissioners -- Amended April 4, 2022 Rage 2
8wleQ\ Except as provided in this rule, any media organization may
broadcast all, orany part ofanofficial board meeting required to beopen tothe public. Any person may photograph,
film, tape-record, or otherwise reproduce any part of a meeting that is required to be open.
Rule �Agenda.
A. The County Manager or the Clerk to the Board shall prepare the agenda for each regular meeting. A request
to have an item of business placed on the agenda for a regular meeting must follow the approved agenda
policy. Additional items may be introduced with the permission of the Chair,
B. The agenda packet shall include the agenda covernheet any proposed ordinances, or amendments to
ordinances, and supporting documentation and background information relevant to items on the agenda.
A copy of the agenda packet shall be made available to each board member at |es$ seventy-two hours
before the meeting.
Rule 10. Order of Business. Atregular meetings, the board shall proceed toconduct business inthe following order:
1) Call toOrder
2) Invocation
3) Pledge ofAllegiance
4} Consent Agenda Items ofBusiness
S) Regular Agenda Items ofBusiness
6) Presentation cfService and Retirement Awards and Introduction ofNew Employees
7) Consideration of proclamations, resolutions, budget amendment ordinances, etc.
8) Public Hearings
9) Committee Appointments
10) Unfinished business
11) Public Comments onNon-Agenda Items
12) Additional Agenda Items ofBusiness
Without objection, the Chair may call items in the order most convenient for the dispatch of business.
VI. CONDUCT OF DEBATE
Rule 11. Powers of the Chair. The Chair shall preside at all board meetings. To address the board, a member of the
board must be recognized by the Chair. The Chair shall have the following powers:
A. Torule onpoints ofparliamentary procedure, including the right torule out of order any motion offered
for obstructive ordilatory purposes;
B. To determine whether speaker has gone beyond reasonable standards of courtesy in his or her remarks
and toentertain and rule onobjections from other members onthis ground;
C. Tocall abrief recess atany time; and
D. Toadjourn inanemergency.
Rule 12. Action by the Board. The Board shall proceed bymotion. Any member, including the Chair, may make a
Rule 13. 5Second Reqyfre;l. A motion shall require a second.
Rule 14. One Motion at a Time. A member may make only one motion at a time.
Rules of Procedure for Meetings of the NHC Board of Commissioners — Amended April 4, 2022 Page
Rule 15. Substitute Motion. A substitute motion is out of order while another substitute motion is pending. A
substitute motion is deemed to be "main" or "principal" motion as distinguished between itand the various
procedural motions listed inRule 1O.
Rule 16. Adoption bv Maiorltv Vote. Amotion shall be adopted it after receiving asecond, itisapproved by
majority of the votes cast, unless otherwise required by these rules or North Carolina law.
Rule 17. Debate. The chairman shall state the motion and then open the floor to debate,presiding according tothe
following general principles:
A. The member making the motion orintro ucing the ordinance, resolution or order may speak first.
B. A member who has not spoken on the issue shall be recognized before someone who has already spoken.
C. If possible, the debate shall alternate between opponents and proponents of the measure.
Rule 18. Procedural Motions.
A. In addition to substitute motions, the procedural motions listed in subsection (b) of this rule, and no others,
shall be in order. Unless otherwise noted, each motion is debatable, may beamended, and requires
second and amajority vote for adoption.
B. |norder nfpriority, the procedural motions are:
1. To adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not
interrupt deliberation ofopending matter.
2. To recess.
3. To call to follow the agenda. The motion must be made at the first reasonable opportunity, or it is
waived.
4. Twdivide ecomplex motion and consider itbyparagraph.
S. To defer consideration. A substitute motion whose consideration has been deferred expires one
hundred days thereafter, unless a motion to revive consideration is adopted.
6. Tocall the previous question. The motion is not in order until there has been debate and every
member ofthe board has had one opportunity tospeak.
7. Topostpone the meeting tnecertain time and/or day.
8. To amend a motion. An amendment to a motion must be relevant to the subject of the motion, but it
may not achieve the opposite effect of the motion. There may be amendments to the motion and there
may be substitute motions, requiring a second and taking priority in voting. If the substitute motion
succeeds, the original motion dies and is not considered. Any amendment to a proposed ordinance
shall besubmitted inwriting.
9. To revive consideration. The motion is in order at any time within one hundred days of a vote deferring
consideration. Asubstitute motion on which consideration has been deferred expires one hundred
days after the deferral, unless a motion to revive consideration is adopted.
10. To reconsider. The motion must be made at the same meeting where the original vote was taken, and
by a member who voted with the prevailing side. The motion to reconsider cannot interrupt
deliberation on a pending matter but is in order any time before adjournment.
Rule 19. Renewal of Motion. Adefeated motion may not berenewed utthe same meeting.
Rule 20. Withdrawal of Motion. Amotion may be withdrawn by the introducer atany time before the Chair puts
the motion to vote.
Rule 2LDutv to Vote. It is the duty of each member to vote unless excused by a majority vote according to law. The
Board may excuse members from voting on matters invoking their own financial interest or official conduct. A
member wishing to be excused from voting shall so inform the [hair, who ahuU take a vote of the remaining
members. A member who fails to vote, not having been excused, shall be recorded as voting in the affirmative.
Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page
Rule 22. Prohibition of Secrgtyoting. Novote may be taken by secret ballot. If the Board decides to vote by written
ballot, each member shall sign his or her ballot and the minutes shall record the vote of each member. These ballots
shall be retained and mode available for public inspection until the minutes of that meeting have been approved
when they may bedestroyed.
Rule 23. Action bv Reference. The Board shall not deliberate, vote orotherwise act onany matter byreference tu
anagenda cvdocument number unless copies ofthe agenda ordocuments being referenced are available for public
inspection at the meeting and are so worded that people at the meeting can understand what is being discussed or
acted on.
Ruhe24. Introduction of OrdinancesResolutlons or Orders. Aproposed ordinance shall bedeemed tobeintroduced
at the first meeting where it is actually considered by the board.
Rule 2S. Adoption, Amendment or Repeal of Ordinances. Tobeadopted atthe meeting where bimfirst introduced
an ordinance or on action with the effect of an ordinance, or any ordinance amending or repealing an existing
ordinance (except the budget ordinance, a bond order, oranother ordinance requiring public hearing before
adoption) must be approved by all members of the Board of Commissioners. If the proposed measure is approved
by a majority but not by all the members of the board, or if the measure is not voted on at that meeting, it shall be
considered at the next regular meeting of the board. If it then or at any time thereafter within one hundred days of
its introduction receives a majority of the votes cast, the measure is adopted.
Rule 26. Public Hearings. Public hearings required by law ordeemed advisable bythe Board shall beorganized by
setting forth the subject, date, place, and time of the hearing aswell asany rules regardinQthe|en8th of time allotted
to each speaker and designating representatives to speak for large groups. At the appointed time, the Chair shall call
the hearing to order and preside over it. When the allotted time expires, the Chair shall declare the hearing ended
and the Board shall resume the regular order of business.
Rule 27. Quorum at Public Hearin s. A quorum of the board must be present at all public hearings required by law.
VII. MINUTES
Rule ��Minutes. Minutes shall bekept ofall board meetings.
Rule 29. Closed Session Minutes. Pursuant toNorth Carolina General Statutes 14]'3lO.1lthe Clerk tothe Board
shall keep accurate minutes or general accounts of all closed sessions:
A. At the next regular board meeting following any closed session, closed session minutes will be distributed
to each commissioner in sealed envelopes. Closed session minutes will be considered and approved by the
board atthe time regular meeting minutes are considered and approved.
B. Following approval, all copies of the closed session minutes provided to the commissioners will be returned
to the clerk. Closed session minutes will be sealed and not made available for public inspection until
released ashereinafter provided.
C. The attorney and clerk shall periodically review the closed session minutes to determine if their disclosure
nnlonger frustrates the purpose for which the closed session was held.
D. Upon board approval, the closed session minutes shall be released and made available for public inspection.
VIII. COMMITTEE APPOINTMENTS
Rule 30. lhe Board shall appoint citizens to boards and committees over which the Board
Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 5
be seconded in order to be considered for a vote by the board. It is the desire of the Board that all appointees shall
serve at the pleasure of the Board and may be removed without cause by a majority vote of the county
commissioners.
i i •
Rule 31. Code of Ethics. The board shall adhere to the Resolution Adopting a Code of Ethics as adopted on April 4,
2022.
X. AMENDMENT TO RULES AND MISCELLANEOUS
Rule 32. Amendments to These Rules. These Rules may be amended by an affirmative vote of a majority of the
board members.
Rule 33. Miscellaneous. These Rules of Procedure are directory, and not mandatory, and failure to follow them shall
not be actionable in a court of law or equity unless otherwise provided by law.
Initially adopted by the New Hanover County Board of Commissioners on February 15, 1993. AMENDED August 15,
2011. AMENDED October 20, 2014. AMENDED November 14, 2016. AMENDED April 4, 2022, effective upon
adoption.
NEW HANOVER COUNTY
Juli Ison-Bo an, hair
and of Commissioners
ATTEST:
Kyrarleigh G. Crowekalerk to the Board
Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 6
ExhiW6 Page 2± 2i!2k
RESOLUTION
the Environmental Management Department at 2:00 p.m. on the 17th day of February, 2022; resulting in t
readvertisement of the request for bids; and I
3002 U.S. Highway 421 N., Wilmington, North Carolina; and one (1) bid was received from pre -qualified bidders
per the county's prequalification ordinance; and -1
WHEREAS, the bidder qualification review recommendation letter from SCS Engineers, Inc., determined that the
r 4 ♦ received was deemed to 4. responsive; and
WHEREAS, the bid tabulation shown includes one (1) responsive, responsible bidder and includes the cost of the
Construction of ♦ , r
Bid Amount for Cells 11&12A
Bidder Status
ESW Enterprises, Inc.
$7,351,790.00
Responsive
WHEREAS, the one (1) qualified responsive bidder, ESW Enterprises, Inc. submitted a responsible bid for the
Construction of Landfill Cells 11 & 12A, in the amount of $7,351,790.00; and
`" • N ♦ 4 �♦ *♦i r � r` i
negotiations with the contractor resulted in a lowered total negotiated bid amount of $6,956,70.00;
and
♦ ♦ 4 Itt lit of -r -♦ ♦ r- `r 4 • r` ♦ r
♦ ♦ ♦ r> ♦ ♦ r ♦
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizl"
the award of the Construction of Landfill Cells 11 & 12A, to ESW Enterprises, Inc. in the amount of $6,956,790.0
and that the County is hereby authorized and directed to negotiate and execute a contract, the form of whi
shall be approved by the County Attorney. I
A
y
i! •an, Chair
-ell, Clerk to the Board
Exhibit
Book Page .624 �?-)b
AGENDA: April 4, 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
Ex iture:
Decrease
Increase
Total
BA 22-067 Transfer to Environmental
Management Southern Property Capital Project
Fund
$ 3,000,000
$ 3,000,000
Total
$
$ �'000'000
I $ 3,000,000
Revenue:
Decrease
Increase
Total
BA 22-067 General
3,000,000
$ 3,000,000
Total
$ 3,000,0003,000,000
Prior to Total if Actions
Actions Today Taken
Appropriated Fund Balance $ 3,286 936 Is 6,286y 936
Fund: Environmental Management Southern Property Capital Project
EMLrLditure.
Decrease
increase
Total
BA 22-067 Southern Pro2ertCapital Project
3,000,000
3,000000
Total
$ -
1 $ 3,000,09701$
3,000,000
,RMevenue.
Decrease
Increase 11
Total
BA 22-067 Transfer in from General Fund
$ 3,000,000
$ 3,000,000
Total
$
$ 3,000,000 1]$
3,000,000
Prior to Total if Actions
Actions T d Taken
Southern Prop Cap Proj Budget I $ 7,:445 �861
Section 2: Explanation
BA 22-067 is to transfer funds from the General Fund as a loan to the .Environmental Management Capital Project
Fund. The increase in the Capital Project Fund is required due to the unexpected increase in the bid amount received
for the construction of Landfill Cells I I & 12A,
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption,
NOW, THEREFORE, BE ITRESOINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the Ordinance for Budget Amendment(s) 22-067 amending the annual budget ordinance for The fiscal
year ending June 30, 2022, is adopted.
Adopted, this 4th day of April, 2022.
Exhibit
Book ._ .. __..M..... Page
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER,
NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING
CONTRACT AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER
Ma: ",U r.VFFW.M
WHEREAS, the County of New Hanover, North Carolina (the "County') 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;
WHEREAS, the County has previously executed and delivered (1) an Installment 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 2010 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 "Judicial Building "); (2) a
Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 (the "Original Deed of
Trust") granting a lien on the sites of the Government 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 Original 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 Original 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 Original Deed of Trust to the site
of the New Government Center (as defined in the Third Contract Amendment) (collectively, the "Deed of
Trust'; (3) Amendment Number One to the 2010 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
Amendment") 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);
WHEREAS, the Board has previously determined that it is in the best interest of the County to enter
into (1) 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 "Contract') with the Corporation 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 ");
WHEREAS, the Corporation will execute and deliver its Limited Obligation Bonds, Series 2022
(the "Bonds") in an aggregate principal amount not to exceed $34,000,000, evidencing proportionate
undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the
Contract, under the terms of the 2010 Indenture, as previously supplemented by Supplemental Trust
Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement, "), Supplemental Indenture,
Number 2 dated as of February 1, 2020 (the "Second Supplement"), and Supplemental Indenture, Number
3 dated as of March 1, 2021 (the "Third Supplement"), each between the Corporation and U.S. Bank
National Association, as trustee, and as further supplemented by Supplemental Indenture, Number 4 to be
dated as of June 1, 2022 (the "Fourth Supplement" and together with the 2010 Indenture, the First
Supplement, the Second Supplement, and the Third Supplement, the "Indenture"), between the
Corporation and U.S. Bank Trust Company, National Association, as trustee (the "Trustee') and successor
in interest to U.S. Bank National Association;
WHEREAS, in connection with the sale of the Bonds by the Corporation to PNC Capital Markets
LLC (the "Underwriter"), the Corporation will enter into a Contract of Purchase to be dated on or about
May 25, 2022 (the "Contract of Purchase") between the Corporation and the Underwriter, and the County
will execute a Letter of Representation to the Underwriter with respect to the Bonds (the "Letter of
Representation");
WHEREAS, there have been described to the Board the forms of the following documents
(collectively, the "Instruments"), copies of which have been made available to the Board, which the Board
proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing:
(1) the Fourth Contract Amendment;
(2) the Fourth Supplement;
(3) the Contract of Purchase;
(4) the Letter of Representation;
WHEREAS, to make an offering and sale of the Bonds, there will be prepared a Preliminary Official
Statement with respect to the Bonds (the "Preliminary Official Statement"), a draft thereof having been
presented to the Board, and a final Official Statement relating to the Preliminary Official Statement
(together with the Preliminary Official Statement, the "Official Statement"), which Official Statement will
contain certain information regarding the County;
WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an
appropriate form and is an appropriate instrument for the purposes intended;
WHEREAS, a public hearing on the Fourth Contract Amendment and the 2022 Projects to be
financed thereby after publication of a notice with respect to such public hearing must be held and the Board
conducted such public hearing at this meeting;
WHEREAS, the County has filed an application to the LGC for approval of the Fourth Contract
Amendment;
2
WHEREAS, Parker Poe Adams & Bernstein LLP, as 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;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OFNE WHANOVER, NORTH CAROLINA, ASFOLLOW,5:
Section 1. Ratification qfInstrumepats. All actions of the County, the Chair of theBoard (tile
"Chaie), the Clerk to the Board (the "Clerk"), the County Manager, the Chief Financial Officer of the
County, the County Attorney and their respective designees, whether previously or hereinafter taken, in.
effectuating the proposed financing, including the making of application. to the LGC, are hereby approved,
ratified and authorized pursuant to and in accordance with the transactions conteinplated by the Instruments.
Section 2. Authorization of the Qfficial 9tatement. The form, terms and content of the
Preliminary Official Statement are in all respects authorized, approved and. confirmed, and. the use of the
Preliminary Official Statement and of the final Official Statement by the Underwriter in connection. with
the sale of thel3onds is hereby in all respects authorized, approved and confirmed. The Chair, the County
Manager and the Chief Financial. Officer (collectively, the "Authorized Officers") are hereby authorized
and directed, individually and. collectively, to deliver, on behalf of the County, the Official Statement in
substantially such form, with such changes, insertions and omissions as he or she may approve.
Section 3, Authorization to Erecute the F'ourth Contract Amendment. 'rhe County hereby
approves the financing of the 2022 Projects in accordance with the terms of the Contract, which win be a
valid, legal and binding obligation of the County in accordance with its terms, The form and content of the
Fourth Contract Amendment are hereby in all respects authorized, approved and confirmed, and the Chair,
the Clerk and the County Manager and their respective designees are hereby authorized, empowered and
directed, individually and collectively, to execute and deliver the Fourth Contract Amendment, including
necessary counterparts, in substantially the forin and content presented to the Board, but with such changes,
modifications, additions or deletions therein. as they may deem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of the County's approval of any and. all changes,
modifications, additions or deletions therein. ftotn the form. and. content of the Fourth Contract Amendment
presented to the Board. From and after the execution and delivery of the Fourth Contract Amc.ndment, the
Chair, the Clerk, the County Manager and the Chief Financial Officer of the County are hereby authorized,
empowered and directed, individually and. collectively, to do all such acts and things and. to execute all sucti,
documents as may be necessary to carry out and comply with. the provisions of the Fourth. Contract
Amendment as executed.
Section 4. Letter of Representation. The form and content of the Letter of Representation
are hereby in all respects approved, and. the Authorized Officers are authorized to execute the Letter of
Representation for the purposes stated. therein.
Section 5. County Representative. The Authorized Officers are hereby designated as the
County's representatives to act on behalf of the County in connection with the transactions contemplated
by the Instruments and the Preliminary Official Statement, and the Authorized Officers are authorized to
proceed. with financing the 2022 Prqjects in accordance with the Instruments and. the Prelinihiaq Official
Statement and to seek opinions as a matter of law from the County Attorney., which the CountyAttorney is
authorized to ftimish on behalf of the County, and opinions of law from such other attorneys for all
documents contemplated hereby as required by law'. The County Managerand the Chief Financial Officer
are hereby authorized, individually and collectively, to select a co-wmanaging underwriter for the Bonds if
3
they determine such. selection to be in. the best interests of the County. The County's representatives or
ttieir respective designees are hereby authorized, empowered and directed, individually and collectively, to
do any and all other acts and to execute any and all otber documents, which they, in their discretion, deem
necessary and appropriate to consummate the transactions conternplated by the Instruments and the
Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the
in and purposes of this Resolution and to administer the transactions contemplated by this Resolution
after the execution and delivery of the Bonds.
Section 6. Severability. If any section, phrase or provision of this Resolution is for any reason
declared to be invalid, su(,,,h declaration. shall not affect the validity of the remainder of the sections., phrases
or provisions of this Resolution.
Section 7. Repealer.. All motions, orders, resolutions and parts thereof, in conflict berewith
are hereby repealed,
Section 8. E f .1�ctive Date, This Resolution is effective on the date of its adoption.
El
STAn. OF NoRni CAROLINA
m
COUNTY OF NEW HANOVER
,IA -
WITNESS, my hand and the seal of the County of New Hanover, North Carolina, this the -clay
of April, 2022.
EM
1, Clerk to the Board of . ff(mmissioner
County of New Hanover, North Carolina