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HomeMy WebLinkAbout2023-03-20 RM ExhibitsNEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION TO ACCEPT DONATION OF A GAS CHROMATOGRAPH INSTRUMENT WHEREAS, the Iredell County Sheriff's Office has offered to donate to the New Hanover County Sheriff's Office a Thermo Trace 1310 Gas Chromatograph with Dual Flame Ionization Detectors and Triplus Autosampler with an approximate value totaling $50,000, specifications: Thermo Trace 1310 Gas Chromatograph with Dual Flame Ionization Detectors and Triplus Autosampler: • Model 1310 GC • Serial number 713000500 • Date acquired: FY23-24 • Value: $50,000; and WHEREAS, the New Hanover County Sheriffs Office would like to accept this donation of the Thermo Trace 1310 Gas Chromatograph to be used for the analysis of blood samples in DWI cases; 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 20th day of March, 2023. NEW HANOVER COUNTjY,'/ William E. Rivenbark, Chairman ATTEST: 7L K berleigh G. Owell, Clerk to the Board Exhibit Book)(14—Pageu. A, AGENDA: March 20, 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 is 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 Fund Department: Sheriffs Office Ex enditure: Decrease Increase Total BA 23-054 Ca 7ita1 Outla -E ui went $ 50,000 $ 50,000 Total $ _ $ 50,000 $ 50,000 Revenue: BA 23-054 Contribution Decrease Increase $ 50,000 Total $ 50,000 Total $ - $ 50, 000 $ 50,000 Prior to Total if Actions Actions Today Taken Departmental Budget $ 67 464155 67,514,155� Section 2: Explanation BA 23-054 will budget the donation of a Thermo Trace 1310 Gas Chromatograph with Dual Flame Ionization Detectors and Triplus Autosampler. This budget amendment 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) 23-054 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 20th day of March, 2023. (SEAL) r � � r William E. Rivenbark, Chairman J ATTEST: �r Kyn , leigh G. Crowe, 'lerk to the Board Exhibit 4, NEW HAIUOER COLD BOARD OF COMMISSIONERS Book e RESOLUTION AUTHORIZING EXECUTION OF OPIOID SETTLEMENTS TS AND APPROVING THE SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS BETWEEN THE STATE OF NORTH CAROLIINA AND LOCAL GOVERNMENTS ON PROCEEDS RELATING TO THE SETTLEMENT OF OPIOID LITIGATION WHEREAS, the opioid overdose epidemic had taken the lives of more than 32,000 Perth Carolinians (2000-2021); and WHEREAS, the COVID-19 pandemic has compounded the opiold overdose crisis, Increasing levels of drug misuse, addiction, and overdose death; and WHEREAS, the Centers for Disease Control and Prevention estimates the total economic burden of prescription opioid misuse alone in the United States is $78. billion a year, including the costs of healthcare, lost productivity, addiction treatment, and criminal justice involvement; and WHEREAS, certain counties and municipalities In (North Carolina ,joined with thousands of local governments across the country to file lawsuits against opioid manufacturers, pharmaceutical distribution companies, and chain drug stores to hold those companies accountable for their misconduct; and WHEREAS, settlements have been reached in litigation against WAmart, Inc., Teva Pharmaceutical industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, inc., and Walgreen Co., as well as their subsidiaries, affiliates, officers, and directors named in these settlements; and WHEREAS, representatives of local (North Carolina governments, the North Carolina Association of County Commissioners, and the North Carolina Department of Justice have negotiated and prepared a Supplemental Agreement for Additional IFpunds (SAAF) to provide for the equitable distribution of the proceeds of these settlements; and possible; and WHEREAS, it is advantageous to all Forth Carolinians for local governments, including New Hanover County and its residents, to sign onto the settlements and SAAF and demonstrate solidarity in response to the opioid overdose crisis, and to maximize the share of opioid settlement faunds received both in the state and the New Hanover County to help abate the harm; and WHEREAS, the SAAF directs substantial resources over multiple years to local governments on the front lines of the opioid overdose epidemic while ensuring that these resources are used in an effective gray to address the crisis. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners has hereby authorized and empowered the county manager to execute all documents necessary to enter into opioid settlement agreements with Wairnart, Walgreens, CVS, Allergan, and Teva, to execute the SAAF, and to provide such documents to Rubris, the Implementation Administrator. ADOPTED this the 20`h day of (March, 2023. NEW HAUNOVER COUNTY William E. Rivenbark, Chair ATTEST: �� �UP Kyu�r eH'e gh . Crovlr II, Clerk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AuTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTY To RFIMB(JRSE.1TSELI? FOR CAPITAL ExPENDITIJRES FROM PROCEEDS THEREOF, AND PROVIDING -FOR CERTAIN OTHER RELATED MATTERS THERETO 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'); WFIEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (I) 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; WIIEREAS, the County has previously executed and delivered (1) an Installment Financing Contract dated as of June 1, 2010 (the "20.10 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 ;lone 1, 2010 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 Deed of Trust to the site of the Juvenile Justice Facility (as defined in the Second Contract Amendment), (b) a Deed of Partial Release dated as of February 1, 2020 releasing the lien on the Government Center from the Deed of Trust, and (c) a Notice of Extension of Deed of 'Trust to Additional Property dated as of March 1, 2021 extending the lien of the Deed of 'Trust to the site of the New Government Center (as defined in the Third Contract Amendment) (collectively, the "Deed ql'Trust); (3) Amendment Number One to the Contract dated as of September 1, 2012 (the "T'irst ContractAmendment') 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); (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); and (6) Arnendment Number Four to the 2010 Contract dated as of June 1, 2022 (the "fourth Contract Amendment") with the Corporation, the proceeds of which were used to finance the 2022 Projects (as defined in the Fourth Contract Amendment); WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into Amendment Number Five to the 20 10 Contract (the "Fffth Contract Amendment' ' and collectively with the 20 1. 0 Contract, the First Contract Amendment, the Second Contract Amendment, the Third Contract Amendinent, and the Fourth Contract Amendment, the "Contract') with the Corporation to pay the capital costs of (a) acquisition. of vehicles and equipment for use by various County departments, (b) construction and development of Hanover Pines Nature Park, (c) improvements to various County buildings, (d) expansion of the County's maintenance facility, (e) facility replacement for the detective and vice units of the Sheriff's department, and (f) purchase of real property for use by Cape Fear Community College to expand its nursing and allied health. programs (collectively, the "2023 Projects"); WfIEREAS, the County hereby determines that acquiring the Projects was and is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that acquiring the Projects has and will provide an essential use and has and will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Fifth Contract Amendment is necessary and expedient for the County by virtue of the findings presented herein; Exhibit Book ALA-1- Page 31 WHEREAS, the County hereby determines that the Fifth Contract Amendment would allow the County to purchase the 2023 Projects and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of acquiring the 2023 Projects, including payment of the costs of execution and delivery, is an amount not to exceed $25,000,000 and that such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of acquiring the 2023 Projects to the Fifth Contract Amendment is expected to exceed the cost of acquiring the 2023 Projects pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of acquiring the 2023 Projects pursuant to the Fifth Contract Amendment and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring, constructing, improving and equipping the 2023 Projects; and (3) insufficient revenues are produced by the Projects so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost acquiring the 2023 Projects pursuant to the Fifth Contract Amendment reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay installment payments falling due under the Fifth Contract Amendment; WHEREAS, the sums to fall due under the Fifth Contract Amendment will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel ("Bond Counsel"), will render an opinion to the effect that entering into the Fifth Contract Amendment and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Fifth Contract Amendment, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any money due under the Fifth Contract Amendment; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC°'), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Fifth Contract Amendment after publication of a notice with respect to such public hearing must be held, and approval of the LGC with respect to entering into the Fifth Contract Amendment must be received; WHEREAS, the County will incur and pay certain expenditures (the "Original Expenditures ") in connection with the 2023 Projects prior to the date of execution and delivery of the Fifth Contract Amendment, such Original Expenditures to be paid for originally from a source other than the proceeds of the Fifth Contract Amendment, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Fifth Contract Amendment; and WIYEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their, comments at a public hearing regarding the execution and delivery of the Fifth Contract Amendment and the Projects financed and refinanced thereby. NO W, THEREFORE, BE IT.RESOL VED B Y 771E B OAR D OF COMMISSIONE, RS OF THE C0 UNTY OF NE W HA NO VF�, R, NO T11 CA R OLIATA, A S.FOLL 0 WY Section 1. Authorization to Negotiate Fifth Contract Amendment. That the County Manager or the Chief Financial Officer, with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate on behalf oft e County the Fifth Contract Amendment for a principal arnount not to exceed $25,000,000 to finance the 2023 projects, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended. Section 2. Application to LGC That the Chief Financial Officer or his designee is hereby directed to file with the LGC an application for its approval of the Fifth. Contract Amendment and all relevant transactions contemplated thereby on a for prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3, Direction to Retain Professionals. That the County Manager and the Chief" Financial Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina, as bond counsel, First Tryon Advisors, Charlotte North Carolina, as financial advisor, PNC Capital. Markets L.LC, Charlotte, North Carolina, as underwriter, and U.S. Bank Trust Company, National Association, as trustee. The County Manager and the Chief Financial Officer are hereby authorized to retain such other professionals as they deem necessary in their judgment to carry out the transaction contemplated in this Resolution. Section 4. Public Ilearing. That a public hearing (the "Public Ilearing') shall be conducted by the Board on May 1, 2023 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Fifth Contract Amendment, the proposed financing and refinancing, arid any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Ile aring. That the Clerk to the Board is hereby directed to cause a notice of the Public Ilearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing, Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed.. Section 7. Reimbursement. The County presently intends, and reasonably expects, to reimburse itself for Original Expenditures in an amount not to exceed $25,000,000 on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Fifth Contract Amendment. The County adopts this Resolution as a declaration of official intent under Section 1. 150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Fifth Contract Amendment. The Chief Financial Officer of the County, with advice from bond counsel, is hereby authorized, directed and. designated to act on behalf of the Comity in determining and itemizing all of the Original Expenditures incurred and. paid by the County in connection with the 2023 Projects during the period commencing on the date occurring 60 clays prior to the date of adoption of this Resolution and ending on the date of the execution and delivery of the Fifth Contract Amendment, Section 7. Effiective Date. That this Resolution is effective on the date of its adoption. Read, approved and adopted this 20th day of March, 2023. By: Chair of the Board of Commissioners Cl,' ekto Lthe Boar APPROVED AS To FORM: L County Attorney EXHIBIT A NOTICE OF PUBLIC HEARING At its March 20, 2023 meeting, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") adopted a resolution which authorized the County to proceed to (1) pay the capital costs of (a) acquisition of vehicles and equipment for use by various County departments, (b) construction and development of Hanover Pines Nature Park, (c) improvements to various County buildings, (d) expansion of the County's maintenance facility, (e) facility replacement for the detective and vice units of the Sheriff's department, (f) and purchase of real property for use by Cape Fear Community College to expand its nursing and allied health programs (collectively, the "2023 Projects"); pursuant to an amendment (the "Contract Amendment") to an installment financing contract (the "Contract"), in a principal amount not to exceed $25,000,000 under which the County will make certain installment payments, in order to make the 2023 Projects available to the County. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on May 1, 2023 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract Amendment and the projects financed and refinanced thereby. All interested parties are invited to present comments thereon at the public hearing. /s/ KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Published: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 20th day of March, 2023. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the y of March, 2023. ,P KY ROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina