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HomeMy WebLinkAbout2023-08-07 RM ExhibitsExhibi Book C,t1t page Q . t AGENDA: August 1, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 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, 2024, Section 1: Details of Budget Amendment Strategic Focus Area: Good Governance Strategic Objective(s): Align services and programs with strategic priorities. Fund: General Department: Non -Departmental Ex endilure., Decrease Increase Total BA 24-001 Transfer to Special Revenue Fund $ 16,501 $ 16,501 Total' Revenue: I Decrease Increase Total BA 24-001 Appropriated Fund Balance $ 16,501 $ 16,501 Total - Prior to Actions Today General Fund Budget $ 400,191,665 Appropriated Fund Balance $ 16,826,868 Fund: Emergency Telephone System Fund Department: 911 Communications Total if Actions Taken $ 400,208,166 $ 16,843,369 Ex penditure: Decrease Increase Total BA 24-001 Admin Reserve $ 16,50111$ 16 501 Total I $ 16,501 $ 16,501 Revenue: Decrease I Increase 11 Total BA 24-001 Transfer from General Fund 1 $ 16,50111$ 16,501 Total $ - 1 $ 16,501J1$ 16,501 Prior to Actions Total if Actions Taken Today Department Budget $— 824'192 $ 840 693 Section 2: Explanation BA 24-001 transfers funds from the General Fund to the Emergency Telephone System Fund (ETS Fund) to reimburse the ETS Fund for purchases made that were determined to be ineligible to be purchased by that specialized fund and instead should have been made by the General Fund. 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) 24-001 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 7th day of August, 2023. (SEAL) William E. Rivenbark, Chairman ATT ST: S 'A . J'l '2 , 0 M Frig 1 Kyverlelgh G. Crow , lerk to the Board Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book AXi Page RESOLUTION SUPPORTING THEVU|LMUNGTON URBAN AREA METROPOLITAN PLANhJINGORGANUZATUON'S RESILIENCE IMPROVEMENT PLANNING GRANT APPLICATION THROUGH THE UNITED STATES DEPARTMENT OF TRANSPORTATION'S PROMOTING RESILIENT OPERATIONS FOR TRANSF0RRVATIVE, EFFICIENT, AND COST -SAVING TRANSPORTATION PROGRAM WHEREAS, the United States Department of Transportation has developed a discretionary grant program to address surface transportation resilience to natural hazards through the new Promoting Resilient Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) Program; and WHEREAS, the Bipartisan Infrastructure Bill has appropriated $848 million for the PROTECT Program through Fiscal Year 2026; and WHEREAS, the program supports the development of resilience improvement plan that addresses immediate and long range transportation network needs related to comprehensive natural hazard preparedness to limit transportation disruptions, and to identify and assess areas ofvulnerability within the transportation network to be considered and prioritized for future resiliency projects; and WHEREAS, the PROTECT Program encourages that entities, including local governments, that are interested in obtaining implementation funds through the PROTECT Program have an adopted Resilience Improvement Plan; and WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization planning area has observed transportation network disruptions due to natural hazard events such as flooding and has a high likelihood offuture flooding and severe weather events such ashurricanes; and WHEREAS, aresilience improvement plan that covers the Wilmington Urban Area Metropolitan Planning Organization would include New Hanover County. NOW THEREFORE, BE IT RESOLVED that New Hanover County supports the application from the Wilmington Urban Area Metropolitan Planning Organization todevelop a resilience improvement plan for the greater Wilmington region through the PROTECT Program. ADOPTED this 7mday ofAugust 2O29. NEW HANOVERCOUNTY b,rdY C­­' V) I 'n- VWUianoE.Rkenbark,Chair ATTEST: Exhibit Book )(L % K Page —1 Alf, NEW HANOVER COUNTY BOARD 0F COMMISSIONERS NATIONAL IMMUNIZATION AWARENESS MONTH PROCLAMATION WHEREAS, vaccine -preventable illnesses still pose a health risk to people of all ages, it is more important than ever to ensure all in the community are protected from vaccine -preventable diseases; and WHEREAS, National |nnnnunbatkzn Awareness Month highlights the importance of fighting against infectious diseases using vaccines, which the Centers for Disease Control and Prevention declared one of the top ten public health accomplishments ofthe 2Omcentury; and WHEREAS, the continued immunization efforts ofparents, families, health care providers, public health systems, institutions, and others has significantly reduced the threat of many infectious diseases; and WHEREAS, people need to receive immunizations throughout their lives for healthy individuals and communities; and WHEREAS, pregnant women in particular need to make sure they receive all the necessary vaccines tn protect their own health aswell asthe health oftheir infants, because vaccination can protect babies up to six months after birth while they are too young to receive vaccines themselves; and WHEREAS, vaccines are demonstrated to be a safe method of preventing disease, as they are thoroughly tested before licensing and carefully monitored to ensure safety; and WHEREAS, vaccines are a highly cost-effective way to prevent disease, aathey are protecting not only individuals but entire communities by reducing and preventing the spread of infectious diseases. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2023 will be recognized as National Immunization Awareness Month in New Hanover County. ADOPTED this the 7 thday ofAugust, 2O23. AZ: Kymorleigh G. Cro� �,Clerk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEw HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WrrXPf8PfCT THERETO, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO Book I IlAt- Page -AI-4,, 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 Board of Commissioners of the County of New Hanover (the "Board') hereby determines that it is in the best interest of the County to finance the capital costs of construction of a new joint library -museum facility and improvements to an existing County parking deck that will serve the new facility (collectively, the "2023A Projects"); WHEREAS, the New Hanover County Financing Corporation (the "Corporation") will assist the County by the issuance of its Limited Obligation Bonds (the "Bonds") to finance the 2023A Projects; WHEREAS, the Board hereby determines that it is in the best interests of the County to finance the 2023A Projects by (1) entering into an Installment Financing Contract (the "Contract") with the Corporation in order to finance the capital costs of the 2023A Projects, and (2) entering into a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in the real property on which the joint library -museum facility will be located (the "Mortgaged Property"), that will provide security for the County's obligations under the Contract; WHEREAS, the Corporation will execute and deliver its Bonds in an aggregate principal amount not to exceed $57,000,000, evidencing proportionate undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the Contract; WHEREAS, the County hereby determines that financing the 2023A Projects is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that financing the 2023A Projects will provide an essential use and has and will permit the County to carry out public functions that it is WHEREAS, the County hereby determines that the Contract would allow the County to finance the 2023A 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 financing the 2023A Projects, including payment of the costs of execution and delivery, is an amount not to exceed $57,000,000 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 financing the 2023A Projects to the Contract is expected to exceed the cost of financing the 2023A Projects pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the 2023A Projects pursuant to the Contract and Deed of Trust and the obligations of the 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 financial benefits of financing, constructing, and improving the 2023A Projects; and (3) insufficient revenues are produced by the 2023A Projects so as to permit a revenue bond financing; WHEREAS, the County hereby determines that the estimated costs of financing the 2023A Projectspursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking osaresult ufthe findings delineated inthe above preambles; WHEREAS, the County anticipates that any future property tax increase, if necessary, to pay installment payments falling due under the Contract will not be excessive; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams 8/Bernstein LLpaabond counsel ("BundGnunsey), will render anopinion Lothe effect that entering into the Contract 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 Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently tosecure any money due under the Contract; WHEREAS, the County bnot indefault under any ofits debt service obligations; N/8ff7EAS, 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 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 "LG[°),externa| auditors orany other regulatory agencies inconnection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract 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 Contract must be received; WHEREAS, the County hereby determines that all findings, conclusions and determinations ofthe County inthis 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 Contract and the Deed of Trust and the 2023AProjects financed thereby. NOW, THEREFORE, 8EIT RESOLVED BYTHE BOARD OF COMMISSIONERS OFTHE COUNTY OF NEW HANOKER, NORTH CAROLINA, AS FOLLOWS: Section1. Authorization toNegotiate the Contract. That the County Manager orthe Chief Financial Officer, with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County the Contract for a principal amount not to exceed $57,000,000 to finance the 2023A Projects, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended, and to provide in connection with the Contract, as security for the County's obligations thereunder, a Deed of Trust conveying a lien and interest in the Mortgaged Property, including the improvements thereon. Section l Application tnlGC. That the Chief Financial Officer or his designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the US[ and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition osmay berequired bythe LG[. Section 3. Direction twRetain 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 LLK Raleigh, North Carolina, as bond counsel, First Tryon Advisors, Charlotte North Carolina, as financial advisor, PNC Capital Markets LUC, Charlotte, North Carolina, as underwriter, and U.S. Bank Trust Company, National Association, astrustee. 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 Hearing. That apublic hearing (the "Public shall beconducted bythe Board on August21, 2023 at9:0J a.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Contract, the proposed financing, and any other transactions contemplated therein and associated therewith. Section 5. Notice oƒPublic Hearing. That the Clerk to the Board |shereby directed tocause anotice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper ofgeneral circulation within the County no fewer than 10 days prior to the Public Hearing. Sectinn6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby Section 7. Effective Date. That this Resolution iseffective onthe date ofits adoption. Read, approved, and adopted this 7th day of August, 2023. By:, )-,:" i 44M OIL, KymVowell Clerk to the Board The Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") is considering (1) entering into an installment financing contract in an amount not to exceed $57,000,000 (the "Contract") parking deck that will serve the new facility (collectively, the "2023A Projects") and (2) executing and delivering a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in the joint library -museum facility, together with the improvements thereon (collectively, the "Mortgaged Property"), as may be required by the entity providing the funds to the County under the Contract. The joint library -museum facility will be located on the north parcel of the Wilmington City Block bounded by Chestnut Street, Grace Street, North Second Street and North Third Street The Mortgaged Property identified above will be mortgaged under the Deed of Trust. The Contract and the Deed of Trust permit the County to enter into amendments to finance additional projects using the Mortgaged Property as collateral and the County may or may not grant additional collateral in connection with such amendments. On payment by the County of all installment payments due under the Contract, including any future amendments to finance or refinance projects, the Deed of Trust and any lien created thereunder will terminate and the County's title to the Mortgaged Property will be unencumbered. /s/ KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina STATE OF NORTH CAROLINA ss: 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 INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, 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 7th day of August, 2023. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this theILday of August, 2023. r KY ROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibi RESOLUTION ADOPTING A PLAN SUPPORTING B o o k —� —LILL Page A.-5- INVOLUNTARY COMMITMENT TRANSPORT SERVICES WHEREAS, pursuant to North Carolina General Statute ("N.C.G.S.") § 122C-251(a), New Hanover County has a duty to provide, through its law enforcement officers, transportation under the involuntary commitment proceedings of Article 5 of Chapter 122C of the North Carolina General Statutes for citizens of New Hanover County and any person taken into custody within New Hanover County limits; and WHEREAS, N.C.G.S. § 122C-251(g) provides that the Board of Commissioners of the County may adopt a plan for the transportation of respondents in involuntary commitment proceedings, and that private agency personnel may be designated to provide all, or part of the transportation required by such proceedings; and WHEREAS, N.C.G.S. § 122C-251(g) further provides that persons designated in the plan to provide transportation shall be appropriately trained as set forth in N.C.G.S. § 122C-202.2(a)(3), and the plan shall assure adequate safety and protection for both the public and the respondent; and WHEREAS, the New Hanover County Sheriff's Office, other local law enforcement officers, and other affected agencies participate jointly in execution of a plan for transportation of respondents in involuntary commitment proceedings; and WHEREAS, Novant Health New Hanover Regional Medical Center ("NHNHRMC") operates a hospital with several locations throughout New Hanover County; and WHEREAS, NHNHRMC receives into its facilities mental health and substance abuse patients who are respondents in involuntary commitment proceedings pursuant to Article 5 of Chapter 122C of the North Carolina General Statutes, and who require transportation services from time to time; and WHEREAS, NHNHRMC does not have the ability or capacity to treat all such mental health and substance abuse patients that it receives; and WHEREAS, other North Carolina facilities, which have the ability or capacity to accept patients requiring transfer from NHNHRMC for mental health or substance abuse care and treatment are frequently located several hours away from NHNHRMC; and WHEREAS, transportation of involuntarily committed patients from NHRMC to other North Carolina treatment facilities is currently carried out by the New Hanover County Sheriffs Office; and WHEREAS, due to the time commitment involved in completing such transports, there is often a delay in officer availability to provide transportation for patients awaiting transfer to 24-hour facilities from the NHNHRMC Emergency Department; and WHEREAS. the NHNHRW4C Emergency Department at times experiences surges in patient volumes and NHNHRMC desires to provide transportation of appropriate (non-violent) Respondents awaiting transfer in its Emergency Department so that it can help shorten wait times and improve efficiency; and WHEREAS NHNHRMCemploys security personnel and has contracted with Allied Universal Security Services for additional staffing tVsupport the provision oftransportation services from NHNHRMC for involuntarily committed patients needing transfer who meet appropriate criteria, asdetermined bythe attending healthcare provider; and WHEREAS,L such an arrangement will assist NHNHRMC New Hanover County, and the New Hanover County Sheriff's Office in fulfilling their obligations under Article 5ofChapter 122Cof the North Carolina General Statutes. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners adopts this plan for transportation of involuntary commitment respondents between NHNHRMC and other North Carolina treatment facilities by security personnel either directly employed by NHNHRK4C or contracted through Allied Universal Security Services tO provide transportation services, as permitted by N.C.G.S. § 122C-251(g). Such plan shall include an agreement between NHNHRN1C and Allied Universal Security Services for provision of these services at no charge to the County. That agreement shall provide for full compliance with N.C.G.S.§ 12Z[-251b«Allied Universal Security Services and for insurance coverage inamounts acceptable tVNHNHKK4C and the County. Neither the adoption of the plan nor the designation Of NHNHRMC and/or Allied Universal Security Services as an approved transportation provider is or shall be construed as creating any agency mrother relationship between the County, NHNHRM[�the Sheriff's Office and/or Allied Universal Security Services. ADOPTED this the 7th day VfAugust, 2O2] Z 1 VITA We YTIT MITI WIN WIN MA Milliam' 'E. Rivenbark, Chair KyWberleigh G. 6dwell, Clerk to the Board