HomeMy WebLinkAbout2023-01-09 RM ExhibitsExhibitLX
Book L-k)L Pae g0,
[IT * fol 11111 - W I
ACCEPTANCE OF TWO ACTIVITY BUSES FROM NEW HANOVER COUNTY SCHOOLS
WHEREAS, New Hanover County Schools have offered to donate to New Hanover County Sheriff's
Office two activity buses with an approximate value totaling $77,869.70 for both buses:
0 8023 BUS, ACTIVITY BUS
• VIN: 1HVBDACN2RH576790
• DATE ACQUIRED: 1994-04-01
• VALUE: $38,934.85
* 8024 BUS, ACTIVITY BUS
• VIN: IHVBDACN4RH576791
• DATE ACQUIRED: 1994-04-01
• VALUE: $38,934.85; and
WHEREAS, the New Hanover County Sheriff's Office would like to accept this donation of two
buses to assist with various emergency situations such as a mass external evacuation of the
Detention Center Facility during an emergency situation or providing transportation to members
of the Civil Disturbance Unit when responding to civil unrest; and
WHEREAS a budget amendment for accounting purposes only is required to record the value of
the donations and said budget amendment is attached as part of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that
the items named above are accepted, the budget amendment and resolution are adopted, and
county staff is directed to process any required documents to finalize the transaction.
ADOPTED this the 91h day of January, 2023.
NEW HANOVER COUNTY
William E. Rivenbark, Chair
ATTEST:
KQberleigh G. 68well, Clerk to the Board
Exhibit
Book M)LPage -1 - \b
AGENDA: January 9, 2023 1,- -
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the
following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health & Safety
Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands
Fund: General
Department: Sheriff's Office/Vehicle Management
BA 23-041 Captial Outlay -Motor V
77,86911$ 77
77,86911$ 77
Revenue:
Decrease
Increase
Total
BA 23-041 Contribution
Total
77,869
77,869
77,869
$ 77,869
Total if Actions
Actions Today Taken
Departmental Budget $ 5,917,725
Section 2: Explanation
BA 23-041 will budget the donation of two activity buses from New Hanover County Schools to the Sheriffs Office,
The buses will be used for various events such as mass external evacuation of the Detention Facility during an
emergency situation, and transporting the Civil Disturbance Unit when responding to civil unrest in the area. This
budRet amenchnent is for accounting purposes only.
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) 23-041 amending the annual budget ordinance for the fiscal
year ending June 30, 2023, is adopted.
Adopted, this 9th day of January, 2023.
EM
William E. Rivenbark, Chairman
ATTEST:
e *W'l eh rlei hG.Cro 'I rk. to the Board
Exhibit 9 Book -ALIt- Page A.- cL
INew Hanover County Monthiv Collection IReport for October 2022
Current Year 2022-2023
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$
182,906,160,18
$
13,415,467.50
4,514,579.46
$ 200,836,207J4
Abatements
$
(278,975.21)
(113,54&81)
$ (392,524.02)
Adjustments
$
31,72415
2,701.36
$ 34,425,61
Total Taxes Charjed
$
182,658,909.22
$
13,304,620,05
4,514,579.46
$ 200,47 ,10 .73
Collections to Date
$
39,968,13179
3,130,00126
$
4,514,579.46
$ 47,612,715.51
*Refunds
$
89,187.02
22,141.86
$
-
$ 111,32&88
Write-off
$
(14.95)
(9.08)
$
-
$ (24.03)
Outstanding Balance
$
142,779,97'7.40
$
10,196,768,73
$
-
$ 152,976,74613
Zollecflon Percentage
21.83
23.36
100.00
23.69
YTD interest Collected
$
1,914.07
$
-
$
39,843.50
$ 41,757.57
Total 2022-2023 Collections YTD $ 47,543,144,20
Prior Years 2012-2021
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
1,532,709.38
$
4,696,018,59
$
242,477.60
$
Abatements
$
(135,498.85)
$
(1.30,601.58)
$
-
$
Adjustments
$
-
$
3,048,32
$
-
$
TotalLevy
$
1,397,210.53
4,568,465.33
$
242,477.60
$
Collections to Date
$
214,02180
$
.137,633,11
$
28237
$
*Refunds
$
22,458,83
$
5,585.92
$
-
$
Write off
$
7036
$
45.94
$
2,07
$
Outstanding Balance
$
1,205,575,20
$
4,436,372,20
$
242,19316
$
Interest Collected
$
37,731.55
$
35,906.90
$
$
=MMM
Total Prior Year Collections YTD $ 397,91831
brand Total All toilections YTD $ 47,941,062.71
*Detailed Information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
*Cl, the UBoard
Date , 149 1 -C�,Lg—
New Hanover County Debt Service Monthly Collection Report for October 2022
Exhibit
Book _tIA'k Page L A9,
Current Year 2022-2023
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$
13,893,173.97
$
1,062,163.23
$7
91
f420,914.78
$
15,376,251.98
Abatements
$
(30,093.39)
$
(8,763.94)
$
$
r$
(38,857.33)
Adjustments
$
2,408.02
$
211.99
$
$
2,620.01
Total Taxes Charged
$
13,865,488.60
$
1,053,611.28
$
420,914.78
0,91 .
15,340,014.66
Collections to Date
$
3,024,474.14
$
248,584.33
$
420,914.78
$
3,693,973.25
*Refunds
$
13.68
$
-
$
13.68
Write-off
$
1.07
$
0.60
$
1.67
Outstanding Balance
$
10,841,027.07
$
805,026.35
$
-
$
11,646,053.42
lCollection Percentage
21.81
23.59
100.00
24.08
YTD Interest Collected
I $
244.91
-
$
4,170.83
$
4,415.74
Total 2022-2023 Collections YTD $ 3,698,375.31
Prior Years 2012-2021
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
158,748.41
$
367,453.51
$
$
526,201.92
Abatements
$
(12,069.48)
$
(11,556.83)
$
(23,626.31)
Adjustments
$
-
$
315.88
$
315.88
Total Levy
$
146,678.93
$
356,212.56
$
$
502,891.49
Collections to Date
$
23,506.74
$
16,524.30
$
$
40,031.04
*Refunds
$
1,433.79
$
-
$
$
1,433.79
Write-off
$
9.10
$
6.04
$
$
15.14
Outstanding Balance
$
124,596.88
$
339,682.22
$
$
464,309.38
YTD Interest Collected
$
3,883.13
$
4,513.21
$
$
8,396.74
Total Prior Year Collections YTD
46,993.59
Grand Total All Collections YTD $ 3,745,368.90
Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
L C1 I
C1 rk o the Board
0
Date
Exhibit
Book Page
New Hanover County Fire District Monthly Collection Report for October 2022
Current Year 2022-2023
(Real Estate
Personal (Property
Motor Vehicles
Combined
Scroll/Billed
$
11,767,443.40
$
1,04,492.47
$
363,65539
$
13,215,591.26
Abatements
$
(33,255.82)
$
(14,733.76)
$
(47,989.58)
Adjustments
$
4,833,29
$
188.15
$
5,021.44
Total Taxes Charged
$
11,739,020o87
$
i,069,94&86
$
363,655.39
$
13,172,62112
Collections to Date
$
2,521,5 3.62
$
263,446.37
$
363,655.39
$
3,148,68538
*Refunds
$
-
$
-
$
-
rite -cuff
$
1.59
$
0,97
$
2.56
Outstanding Balance
$
9,21.7,43 .66
$
806,499.52
$
-
$
10,023,93518
Coliection Percentage
21.43
24.62
100.00
23.90
TD Interest Collected
$
204,85
$
-
$
3,151J8
$
3,3.56.03
Total 2022-2023 Collections YTD $ 3,152,041.41
Prior Years 2012-2021
Real Estate
(Personal Property
Motor Vehicles
Combined
Scroll
$
100,746.00
$
247,90154
$
14, 5617
$
363,505.81
Abatements
$
(191,2.3)
$
(7,13 .60)
$
-
$
(7,327.83)
Adjustments
$
-
$
-
$
-
Total Levy
$
100,554,77
$
240,76634
$
14, 56.27
$
356,177.9
Collections to late
$
1.4, 46,50
$
2,697448
$
2187
$
17,567.5
*(Refunds
$
139.57
$
-
$
-
$
13937
Write -cuff
$
5.04
$
3.96
$
030
$
9.30
Outstanding Balance
$
85,842.80
$
236,065.50
$
14,832.10
$
338,759.00
D Interest Collected
$
2,220,34
$
469.43
$
28.44
$
2,73 .21
Total prior Year Collections YTD $ 20,306.06
Grand Total All Collections YTD $ 3,1�2,347.4?
* Detaited lr }forrrratian for Refunds can be fecund in the Tax Office
NEW I'i7 HOVER COU"'TY
Chair
Exhibit
' • t,
New Hanover County Monthly Collection Report for November 2022
Current Year 2022-2023
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$
182,906,160.18
$
13,862,049.33
$
5,477,195.85
$ 202,245,405.36
Abatements
$
(286,743.87)
$
(190,166.93)
$
-
$ (476,910.80)
Adjustments
$
32,715.53
$
12,282.00
$
-
$ 44,997.53
Total Taxes Charged
$
182,652,131.84
$
13,684,164.40
$
5,477,195.85
$ 201,813,492.09
Collections to Date
$
103,270,445.33
$
3,666,568.04
$
5,477,195.85
$ 112,414,209.22
*Refunds
$
106,446.82
$
22,717.52
$
$ 129,164.34
Write-off
$
104.26
$
1,423.04
$
-
$ 1,527.30
Outstanding Balance
$
79,488,029.07
$
10,038,890.84
$
$ 89,526,919.91
Collection Percentage
56.48
26.64
100.00
55.64
YTD Interest Collected
$
1,914.07
$
-
$
48,443.75
$ 50,357.82
Total 2022-2023 Collections YTD
112,335,402.70
Prior Years 2012-2021
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
1,532,709.38
$
4,696,018.59
$
242,477.60
$
6,471,205.57
Abatements
$
(139,043.62)
$
(147,723.87)
$
-
$
(286,767.49)
Adjustments
$
-
$
3,048.32
$
$
3,048.32
Total Levy
$
1,393,665.76
$
4,551,343.04
$
242,477.60
$
6,187,486.40
Collections to Date
$
231,334.02
$
146,748.88
$
471.04
$
378,553.94
*Refunds
$
22,698.77
$
5,585.92
$
-
$
28,284.69
Write-off
$
23,905.90
$
302,103.24
$
123,191.57
$
449,200.71
Outstanding Balance
$
1,161,124.61
$
4,108,076.84
$
118,814.99
$
6,286,417.86
YTD Interest Collected
$
42,733.37
$
39,361.67
$
459.18
$
82,554.22
Total Prior Year Collections YTD
432,823.47
Grand Total All Collections YTD $ 112,768,226.17
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
"Board
Cle the
C
Date
New Hanover County Debt Service Monthly Collection Report for November 2022
Current Year 2022-2023
Real Estate
Personal Property
Motor Vehicles
Scroll/Billed
$
13,893,173.97
$
1,067,554.16
$
496,266.81
$
Abatements
$
(30,683.03)
$
(14,436.99)
$
-
$
Adjustments
$
2,483.26
$
932.29
$
-
$
Total Taxes Charged
$
13,864,974.20
$
1,054,049.46
$
496,266.81
$
Collections to Date
$
7,810,523.67
$
280,741.30
$
496,266.81
$
*Refunds
$
26.58
$
-
$
Write-off
$
12.14
$
110.18
Outstanding Balance
$
6,054,464.97
$
773,197.98
$
Collection Percentage
56.33
26.65
100.00
YTD Interest Collected
$
244.91
$
-
$
5,002.02
$
Exhibit
B o o k DA�L Pag e
Combined
15,456,994.94
(45,120.02)
3,415.55
15,415,290.47
8,587,531.78
26.58
122.32
Total 2022-2023 Collections YTD $ 8,592,752.13
Prior Years 2012-2021
Real Estate
Personal Property
Scroll
1-58,748.41
$
367,453.51
Abatements
$
(12,436.82)
$
(13,005.88)
Adjustments
$
-
$
315.88
Total Levy
$
146,311.59
$
354,763.51
$
Collections to Date
$
25,403.40
$
17,576.30
$
*Refunds
$
1,458.66
$
-
$
Write-off
$
9.39
$
6.54
—,
Outstanding Balance
$
122,357.46
$
337,180.67
$
YTD Interest Collected
4,273.85
$
4,912.40
$
Total Prior Year Collections YTD
55.71
5,246.93
Motor Vehicles
Combined
$ 526,201.92
$ (25,442.70)
$ 315.88
$ 501,075.10
$ 42,979.70
$ 1,458.66
$ 15.93
$ 459,569.99
9,186.25
$ 50,707.29
(rand Total All Collections YTD $ 8,643,459.42
Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
oo•
Chair
Cie k t the Board
.Rat!
New Hanover County Fire District Monthly Collection Report for November 2022
Current Year 2022-2023 1
Scroll/Billed $
Abatements $
Adjustments $
Total Taxes Charged $
Collections to Date $
*Refunds $
Write-off $
Outstanding Balance $
Collection Percentage
YTD Interest Collected $
Exhibit
Book,.XL!)mm„� Page ,,j,.--2
Real Estate
Personal Property
Motor Vehicles
11,767,443.40
1,087,960.38
$
445,945.69
(33,814.15)
$
(25,928.25)
$
5,003.23
$
1,407.47
$
11,738,632.48
$
1,063,439.60
$
445,945.69
$
7,512,924.41
$
283,723.84
$
445,945.69
$
20.17
$
146.20
4,225,687.90
$
779,569.56
$
-
$
64.00
26.69
700.00
204.85
$
-
$
3,854.05
$
Total 2022-2023 Collections YTD
Prior Years 2012-2021
1=
Total Levy
Collections to Date
*Refunds
Outstanding Balance
YTD Interest Collected
Combined
13,301,349.47
(59,742.40)
6,410.70
13,248,017.77
8,242,593.94
166.37
5,005,257.46
62.22
4,058.90
8,246,652.84
Real Estate
Personal Property
Motor Vehicles
Combined
$
100,746.00
247,903.54
$
14,856.27
$
363,505.81
$
(396.34)
$
(8,602.06)
$
-
$
(8,998.40)
$
100,349.66
$
239,301.48
$
14,856.27
$
354,507.41
$
16,294.27
$
3,032.91
$
31.30
$
19,358.48
$
150.85
$
-
$
-
$
150.85
$
1,693.70
$
18,646.21
$
7,382.13
$
27,722.0
$
82,512.54
$
217,622.36
$
7,442.84
$
363,021.82
—$
2,472.49
$
583.86
$
38.91
$
3,095.26
Total Prior Year Collections YTD $ 22,453.74
Grand Total All Collections YTD $ 8,269,106.58
Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
le k 0 it f, BOardf...
Date
x,
� bibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION ADOPTING A CODE OF ETHICS
WHEREAS, North Carolina General Statute (NCGS)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. Asadvocates, who strive to advance the legitimate needs of their citizens;
2. As le iislators, 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.
CODE OF ETHICS
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 NCGS 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 ofothers, presenting their opinions toall inuforthright 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.
|. 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. Aclimate nfopenness istobemaintained atall times.
They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and
that such sessions donot stray from the purposes for which they are called.
Section S.
This Code ofEthics shall beeffective upon adoption, unless modified, amended, orrepealed.
ADOPTED this the ythday ofJanuary, Z023.
NEW HANOVERCOUNTY
VViUian�f. Rixenbark, Chair - A LeAnn Pierce, Vice -Chair
Zapple,�
ATTEST
Exhibit
Book
ILIX.Page 1.46
1. APPLICABILITY
Rule 1. Applicabirity of Rules. These rules apply to all meetings of the 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 or cornirnittee meetings
where public business is discussed but no official action is teen.
11. OPEN MEETINGS
Rule 2. I eetin s to Be Onen.
k The public policy of North Carolina and of New Hanover County is that the hearings, deliberations, and
actions of this board and its committees be conducted openly.
B. Except as otherwise provided in these rules and in accordance with applicable lawn, each official meeting of
the New Hanover County Board of Commissioners shall be open to the public, and any person may attend.
C. For the 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 or the simultaneous communication by conference
call or other electronic rneans of a 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 or apparent, of the board.
Rule 3• dosed Sessions.
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 in Forth Carolina General Statute (NCGS) 143- 31 .11(a)(1-1p).
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.
13Unless 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 1"f1E BOARD
Rule 4. Or nizational eetin . 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 chairman shall call the meeting to order and the present board, including retiring members,
shall approve the minutes of the previous rneeting(s).
B. Newly elected members of the board shall tape and subscribe the oath of office and be inducted into office
if they 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
chairman is elected from its members.
D. The board shall approve the bonds of the finance officer, tax collector, sheriff and the register of deeds and
induct there and any other newly elected county officials into office as appropriate.
Mule S. Election of the Chairman and Vice -Chairman. The chairman and vice-chairman of the board shall be elected
annually at the board's first Monday meeting, in December for a term of one year and shall not be removed from the
office of chairman or vice-chairman unless he or she becomes disqualified to serve as a board member.
IV. REGULAR AND SPECIAL MEETINGS
Rule 6. Regular and Special Meetings.
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 chairman, 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 board 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 provided 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 requiring
immediate consideration, the notice requirements of this rule do not apply. However, the person or persons
calling an emergency meeting shall take 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 (e), 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 board 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 7. 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.
C. 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 state of emergency or make decisions pertaining to a state of emergency 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 January 9, 2023 Page 2
Rule S. Broadcasting and Recordin of Meetin s. Except as provided in this rule, any media organization may
broadcast all, or any part of an official board meeting required to be open to the public. Any person may photograph,
film, tape-record, or otherwise reproduce any part of a meeting that is required to be open.
V. AGENDA
Rule 9. 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 Chairman.
B. The agenda packet shall include the agenda coversheet, 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 least seventy-two hours
before the meeting.
Rule 10.Order,of Business. At regular meetings, the board shall proceed to conduct business in the following order:
1) Call to Order
2) Invocation
3) Pledge of Allegiance
4) Consent Agenda Items of Business
5) Regular Agenda Items of Business
6) Presentation of Service and Retirement Awards and Introduction of New Employees
7) Consideration of proclamations, resolutions, budget amendment ordinances, etc.
8) Public Hearings
9) Committee Appointments
10) Unfinished business
11) Public Comments on Non -Agenda Items
12) Additional Agenda Items of Business
Without objection, the chairman may call items in the order most convenient for the dispatch of business.
VI. CONDUCT OF DEBATE
Rule 11. Powers of the Chairman. The chairman shall preside at all board meetings. To address the board, a member
of the board must be recognized by the chairman. The chairman shall have the following powers:
A. To rule on points of parliamentary procedure, including the right to rule out of order any motion offered
for obstructive or dilatory purposes;
B. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks
and to entertain and rule on objections from other members on this ground;
C. To call a brief recess at any time; and
D. To adjourn in an emergency.
Rule 12. Action by the Board. The board shall proceed by motion. Any member, including the chairman, may make
a motion.
Rule 13. Second Re wired. 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 January 9, 2023 Page 3
Rule 15. Substitute Motion. A substitute motion is out of order while another substitute motion is pending. A
substitute motion is deemed to be a "main" or "principal' motion as distinguished between it and the various
procedural motions listed in Rule 18.
Rule 16. Ado tion bMa orit Vote. A motion shall be adopted if, after receiving a second, it is approved by a
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 to the
following general principles:
A. The member making the motion or introducing 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 be amended, and requires a
second and a majority vote for adoption.
B. In order of priority, 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 of a pending 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. To divide a complex motion and consider it by paragraph.
5. 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. To call the previous question. The motion is not in order until there has been debate and every
member of the board has had one opportunity to speak.
7. To postpone the meeting to a certain 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 be submitted in writing.
9. To revive consideration. The motion is in order at any time within one hundred days of a vote deferring
consideration. A substitute 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. A defeated motion may not be renewed at the same meeting.
Rule 20. Withdrawal of Motion. A motion may be withdrawn by the introducer at any time before the chairman
puts the motion to vote.
Rule 21. D_ uty 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 involving their own financial interest or official conduct. A
member wishing to be excused from voting shall so inform the chairman, who shall 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 January 9, 2023 Page 4
Rule 22. Prohibition of Secret Voting. No vote 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 made available for public inspection until the minutes of that meeting have been approved,
when they may be destroyed.
Rule 23. Action.by Reference. The board shall not deliberate, vote, or otherwise act on any matter by reference to
an agenda or document number unless copies of the agenda or documents 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.
Rule 24. Introduction of Ordinances, Resolutions or Orders. A proposed ordinance shall be deemed to be introduced
at the first meeting where it is actually considered by the board.
Rule 25. AdoDtion, Amendment or Repeal of Ordinances. To be adopted at the meeting where it is first introduced
an ordinance or an action with the effect of an ordinance, or any ordinance amending or repealing an existing
ordinance (except the budget ordinance, a bond order, or another ordinance requiring a 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 or deemed advisable by the board shall be organized by
setting forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time allotted
to each speaker and designating representatives to speak for large groups. At the appointed time, the chairman shall
call the hearing to order and preside over it. When the allotted time expires, the chairman shall declare the hearing
ended and the board shall resume the regular order of business.
Rule 27. Ouqrumat Public Hearings. A quorum of the board must be present at all public hearings required by law.
VII. MINUTES
Rule 28. Minutes. Minutes shall be kept of all board meetings.
Rule 29. Closed Session Minutes. Pursuant to North Carolina General Statutes 143-318.10, the clerk to the 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 at the 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 as hereinafter provided.
C. The attorney and clerk shall periodically review the closed session minutes to determine if their disclosure
no longer 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.
Vlll. COMMITTEE APPOINTMENTS
Rule 30. Committee Appointments. The board shall appoint citizens to boards and committees over which the board
has power of appointment at regular or special meetings called by the board. A nomination for an appointment must
be seconded in order to be considered for a vote by the board. It is the desire of the Board that all appointees shall
Rules of Procedure for Meetings of the NHC Board of Commissioners — Amended January 9, 2023 Page 5
serve at the pleasure of the Board and may be removed without cause by a majority vote of the county
commissioners.
IX. CODE OF ETHICS
Rule 31. Code of Ethics. The board shall adhere to the Resolution Adopting a Code of Ethics adopted January 9,
2023.
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; October 20, 2014; November 14, 2016; April 4, 2022; January 9, 2023. Effective upon adoption.
NEW HANOVER COUNTY
Miam E. Rivenbark, Chair
X, Board of Commissioners
ATTEST:
Kyrql� Heigh G. Crow6, Clerk to the Board
Rules of Procedure for Meetings of the NFIC Board of Commissioners — Amended January 9, 2023 Page 6
NEW HANOVER COUNTY COMMISSIONER 2023 APPOINTMENTS
TO VARIOUS BOARDS AND COMMITTEES
-..._......._._.............. ____
Board/Committee
2023
(Designated for Commissioner Representative)1111—.1 —
Airlie Gardens Foundation Board of Directors
Commissioner Zapple
Cape Fear Community College Board of Trustees
Chair Rivenbark
._.._._ _.._
.... __..........
Cape Fear Community College Long -Range
Chair Rivenbark
Planning Committee (designated for Commissioner)
Cape Fear Council of Governments Exec. Committee
Commissioner Hays
Cape Fear Museum Advisory Board
Commissioner Hays
Cape Fear Public Transportation Authority/WAVE
Commissioner Hays
Transit (WAVE representative on the WMPOfTAQ
_
Cape Fear Public Utility Authority
Commissioner Barfield
Cape Fear Public Utility Authority
Commissioner Zapple
Legion Stadium Commission
Commissioner Barfield
Legion Stadium Commission
Commissioner Zapple
Local Emergency Planning Committee
Commissioner Barfield
Lower Cape Fear River Program Advisory Board
Commissioner Zapple
Lower Cape Fear Water & Sewer Authority
Commissioner Zapple
New Hanover County ABC Board
Chair Rivenbark
New Hanover County Airport Authority
Vice -Chair Pierce
New Hanover County Health & Human Services Board
Commissioner Barfield
New Hanover County Financing Corporation, Inc.
Chair Rivenbark
New Hanover County Tourism Development
Vice -Chair Pierce
Authority
Commissioner/County Manager
Cape Fear Homeless Continuum of Care Board
Designee
Parks Conservancy Board of Directors
Commissioner Hays
Smart Start of New Hanover County
Commissioner Zapple
Southeastern Economic Development Commission
Vice -Chair Pierce
Southeastern Partnership Inc./Economic
Vice -Chair Pierce
Development
Trillium Health Resources —Southern Regional
Commissioner Zapple
Advisory Board
Wilmington Business Development
Chair Rivenbark
Wilmington Chamber of Commerce
Chair Rivenbark
Wilmington Downtown Inc.
Commissioner Hays
Wilmington/New Hanover Port, Waterway & Beach
Vice -Chair Pierce
Commission
Wilmington Regional Film Commission
Chair Rivenbark
Wilmington Urban Area Metropolitan Planning
Commissioner Barfield
Organization —Transportation Advisory Committee
Exhibi
Book Page
yt9ilt
13,vo i , Page 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ESTABLISHING CRITERIA FOR DESIGN -BUILD DELIVERY
METHOD FOR CONSTRUCTION CONTRACTS
WHEREAS, the State of North Carolina authorizes local governmental entities in North Carolina to utilize the design -
build method for construction contracting pursuant North Carolina General Statute (NCGS) 143-128.1A; and
WHEREAS, the design -build method is an integrated approach to a construction project that delivers both design
(architectural and engineering) and construction services under one contract with a single point of responsibility and
under this delivery method, the county is provided the benefit of the design team and contractor working together
to achieve the county's objectives under a single contract; and
WHEREAS, the statute requires the county to establish written criteria for determining when the design -build
method is appropriate for a project; and also requires the county to approve criteria for each individual project; and
WHEREAS, the statute defines the six written criteria for determining when the design -build method is appropriate
for a project and county staff recommends that projects meeting the following criteria be approved for design -build
construction:
Criteria 1: The extent to which county personnel can adequately and thoroughly define the project requirements prior
to the issuance of the request for qualifications (RFQ) for a design -builder.
The design -build method may be used if it is determined that, for the project, the county has professional staff that
are qualified to thoroughly define project requirements prior to the issuance of a request for qualifications (RFQ) for
a design -builder. Consideration will be given to the qualifications and experience of county staff and the availability
of professional staff in the areas of purchasing, finance and legal to assist in the development of an RFQ.
Criteria 2: The time constraints for the delivery of the project.
The design -build delivery method may be used if a project has an established date by which a facility must be
operational to meet the county's needs and a traditional delivery method (i.e. an RFQ, finalized design and
specifications, bidding, and construction) is not likely to provide a finished project in a timely manner.
Criteria 3: The county's ability to ensure that a quality project can be delivered.
The design -build delivery method may be used if it is determined that, for the project, the county has staff
experienced in design and construction to help ensure that the design -build firm will provide a quality project within
the budget and time constraints established by the Board of Commissioners.
Criteria 4: The capability of the county to manage and oversee the project, including the availability of experienced
staff or outside consultants who are experienced with the design -build method of project delivery.
The design -build delivery method may be used if it is determined that, for the project, the county has qualified staff
experienced in construction administration and project management who will be involved during the design and
construction of the project; however, overall project management is a primary function of the design -build team.
Criteria >o A goo faith effort to comply with historically underutilized business participation requirements ( CGS
143-1.2 ..2, NCGS 1 .3-12 . ), and to recruit and select small business entities.
The design -build delivery method may be used if it is determined that, for the project, requirements will be imposed
which ensure that contractors will comply with the MJWBE goals adopted by the Board of Commissioners.
Criteria 6: The criteria utilized by the county, including a comparison gf'the advantages and disadvantages of using
the design -build delivery method in lieu of traditional construction and bidding methods.
Criteria utilized by the county when considering Design -Build delivery method for a project will be as follows;
is the project well defined and does it include qualitative and quantitative characteristics?
* Is the project timeline overly constrained, will it be necessary to have the facility operational within a .short
tirneframe, and will it be necessary to have partial occupancy of a portion of the facility while construction
is ongoing?
Given the scope of the project, is there a need to allow negotiations and flexibility to snake appropriate
decisions on scope as the project progresses?
* Does the design -bush, delivery method sweet the operational goals established for the facility and the
desired quality of the product obtained, as a result of a more fluid and flexible delivery process?
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners thato
1. The criteria for the design -build delivery method for construction contracts is established.
. The County Manager or his designee is authorized to review and approve the criteria for each individual
design -build project for compliance with these adopted criteria.
ADOPTED this the Scn day of January, 2023.
NEW HANOVER COUNTY
William E. Rivenbark, Chair
ATTEST:
Ky erleigh G. Crow II, Clerk to the Board
Page 1
AGENDA: January 9, 2023
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2023 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, 2023.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Deliver quality service at the right time
Fund: Environmental Management Capital Project Fund
Department: Environmental Management
Prior to
Actions Toda
Lagoon Relining CP Budget $ 1 304,000
Fund: Leachate Treatment Fund
Department: Environmental Management
Total if Actions
Taken
Ls
Prior to Total if Actions
Actions Toda Taken
Biological Trtmt CP Budget $ 9 150y000� $ 1Oz450 000
Section 2: Explanation
BA 23-043 will transfer $1.3M from the Lagoon Liner capital project to the Biological Treatment capital project.
Environmental Management has received bids for the Biological Treatment project and the lowest bid came in at
$857K over the current project budget.
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) 23-043 amending the annual budget ordinance for the fiscal
year ending June 30, 2023, is adopted.
Adopted, this 9th day of January, 2023.
(SEAL)
William E. Rivenbark, Chairman
AT:
kCk' Kyn Crle gghG.o7Z;Cerk r
to the Board