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Agenda 2023 08-21NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, NC 28403 P. (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner I Rob Zapple, Commissioner AUGUST 21, 2023 9:00 AM LOCATION NHC Historic Courthouse, 24 North 3rd Street, Room 301 MEETI NG CALLED TO ORDER (Chair Bill Rivenbark) I NVOCATI ON (Pastor Eddie Eaton, Wrightsboro Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Consideration of Environmental Health Fee Schedule Revision 3. Consideration of Revision for The N.C. Governor's Highway Safety Program Local Government Resolution 4. Consideration to Award Bid for Both the Purchase of New Firearms and the Trade-in of Used Firearms Owned by the County to Craig's Firearm Supply 5. Consideration of application for funding through the National Aeronautics and Space Administration (NASA) Teams Engaging Affiliated Museums and Informal I nstitutions (TEAM 11) funding opportunity for the development and implementation of Space Science related programming, and equipment for the operation of a planetarium 6. Consideration of Resolution Appointing Map Review Officers ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 7. Presentation of Service Awards and Introduction of New Employees 15 8. Recognition of National Association of Counties (NACo) Achievement Awards for Innovation 5 9. Consideration of Resolution to Recognize Women's Equality Day as a National Day of Celebration 10 10. Consideration of NHC Board of Education Applications for Public School Building Capital Fund and Public -School Building Repair & Renovation Funds 10 11. Opioid Settlement Funds — Board Resolution & Revised Budget Ordinance Board of Commissioners - August 21, 2023 20 12. New Hanover County Airport Authority Annual Update 5 13. nCino Sports Park Project Update 10 14. Consideration of a Request to Submit Bicycle and Pedestrian Projects for NCDOT Funding Prioritization 30 15. Public Hearing on Proposed $57,000,000 Financing of Improvement Projects and Consideration to Adopt the Approving Resolution 5 16. Committee Appointments PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 18. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity- Integrity - Innovation - Stewardship - Accountability Board of Commissioners - August 21, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review held on August 3, 2023 Regular Meeting held on August 7, 2023 STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve minutes COMMISSIONERS' ACTIONS: Approved minutes 5-0. Board of Commissioners - August 21, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Jonathan Campbell, HHS Public Health Director CONTACT(S): Jonathan Campbell SU BJ ECT: Consideration of Environmental Health Fee Schedule Revision BRIEF SUMMARY: Session Law 2023-90 (H628) amended language in North Carolina General Statute 130A that reduces some On -Site Water Protection (OSWP) fees for permitting and construction authorization effective September 1, 2023. The need for this unscheduled mid -cycle revision has arisen due to the out -of -cycle OSWP update that occurred on July 10th. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the revised Environmental Health Fee Schedule reflecting reduced OSWP fees in accordance with G.S. 130A. ATTACHMENTS: En\ironmental Health Fee Schedule ReNsions Fee Schedule Effective Sept 1 2023 Position Statement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve revised fees. COMMISSIONERS' ACTIONS: Approved fees 5-0. Board of Commissioners - August 21, 2023 ITEM: 2 O\3NTY.� G } O O Q a FSTABLISNfv \�� NEW HANOVER COUNTY FINANCE FEE SCHEDULE REVISION Department: Health & Human Services - Public Health New, Change, or Existing Fee Proposed Increase/ Fee Title Description of Fee Eliminate Amount Fee Amount (Decrease) Environmental Health Septic System Construction Change $ 200.00 $ 80.00 ($ 120.00) - Septic Systems Authorization (Type I, II, III(a), III (g)) Justification: Fee reduction based upon updated General Statutes to go in effect 9/1/23. Environmental Health Septic System Construction Change $ 832.00 $ 240.00 ($ 592.00) - Septic Systems Authorization (Type III(b), IV, V, VI) Justification: Fee reduction based upon updated General Statutes to go in effect 9/1/23. Environmental Health Engineer Option Permit Change $ 367.00 $ 35.00 ($ 332.00) - Septic Systems Justification: Fee changing from 30% of Improvement Permit + Construction Authorization + Operation Permit Fees to a flat fee of $35. Fee reduction based upon updated General Statutes to go in effect 9/1/23. Environmental Health Authorized On -Site Wastewater Change $ 350.00 $ 35.00 ($ 315.00) - Septic Systems Evaluator (AOWE) Permit Option Justification: Fee changing from 30% of Improvement Permit + Construction Authorization + Operation Permit Fees to a flat fee of $35. Fee reduction based upon updated General Statutes to go in effect 9/1/23. Board of Commissioners - August 21, 2023 ITEM: 2 - 1 - 1 Environmental Health Fee Schedule Effective 09/01/2023 DESCRIPTION FEE ADD -ON FEES/COMMENTS Septic Systems Septic Improvement Permit $400.00 Septic System Construction Authorization (Type I, II, III(a), III(g) $200.00 Septic System Construction Authorization GS 130A-335 (a2) $80.00 On -Site Wastewater Evaluator (AOWE) Septic System Construction Authorization Septic Improvement Permit and Construction Authorization GS 130A-335 (a2) $240.00 On -Site Wastewater Evaluator (AOWE) Improvement Permit and Construction Authorization Septic System Construction Authorization (Type III(b), IV, V, VI) $832.00 First 150o gal/day+ $100 each additional 1500 gal/day+ $100 x # of inspections / 20 years Septic System Permit Revision $250.00 Septic System Repair Permit $50.00 Existing System Inspection (Reuse Purpose/Addition) $200.00 Monitoring Soil Wetness/Wells $300.00 Per Season = January 1st -April 30th Re -inspection for lot not ready $70.00 Each additional site visit Engineer Option Permit (GS 130A-336.1(n)) $35.00 Authorized On -Site Wastewater Evaluator (AOWE) Permit Option Its $35.00 Well Permit (including site evaluation & bacteriological water samples analysis) $350.00 Water Sample - Bacteriological $140.00 Water Sample - Bacteriological - resample $70.00 Water Sample - Chemical $140.00 Re -inspection after failed inspection at initial visit $70.00 Each additional site visit Food Food Service Plan Review: Prototype Restaurants & Food Stands NCDHHS - EH Section Approval Letter Non-prototype/Independent Restaurants, Food Stands & Mobile Food Units $250.00 Renovations/Changes $250.00 Changes in dimension of food preparation area, seating capacity or addition of room Transitional Permits Limited Food Service Establishment/Annual Fee $75.00 Temporary Food Establishment Permit $75.00 Pools Seasonal Swimming Pool - Operation permit $200.00 Seasonal (April 1st - October 31) Year Round Swimming Pool - Operation permit $400.00 Swimming Pool - Plan Review - (new and existing remodel construction) $250.00 Swimming Pool - Plan Review - (new and existing remodel construction) secondary and each resubmittal of rejected plans $250.00 Re -inspection after failed inspection at initial visit $100.00 Pool Light checks - night inspection $100.00 Chemical checks for Spas - Expos $75.00 per spa with water Tattoos and Body Piercers jollow- New Establishment Plan Review Tattoo or Body Piercier Shop $200.00 Temporary Tattoo Artist and/or Body Piercing Permit $150.00 Permit to operate 2 weeks or less Board of Commissioners - August 21, 2023 ITEM: 2 - 2 - 1 NC DEPARTMENT OF HEALTH AND HUMAN SERVICES ROY COOPER • Governor KODY H. KINSLEY • Secretary MARK BENTON • Deputy Secretary for Health SUSAN KANSAGRA • Assistant Secretary for Public Health Division of Public Health July 10, 2023 POSITION STATEMENT: Amend On -Site Wastewater/Environment Statutes PURSUANT TO: Session Law 2023-90 (H628) SOURCE: Jon Fowlkes, Branch Head, On -site Water Protection Branch (OSWP) ISSUE: Implementation of Session Law Provisions SUMMARY & IMPLEMENTATION: Session Law 2023-90 (H628) has multiple Sections that affect the on -site wastewater industry. This document is intended to provide the OSWP's interpretation of the language in this Session Law to local health departments (LHDs) and industry professionals to help promote consistency statewide. This information is presented according to the Section in the Session Law that addresses each issue. Please be aware that this document ONLY provides summaries and interpretations of the Sections that affect authorized agents of the state in Onsite Water Protection, which includes Sections 1-6, 8, 9.5, 10.1, and 12. Section 1, Modifications to G.S. 130A-335: This Section amends language in G.S. 130A-335(a3) and (a5) to require a completeness review by the LHD upon a submittal of an Improvement Permit and/or Construction Authorization pursuant to (a2) of this statute. This Section requires the Department to develop a common form. A determination of completeness is made by the LHD by ensuring: The common form developed by the Department is submitted, completed and contains all required components of an Improvement Permit and/or Construction Authorization, as applicable, pursuant to G.S. 130A-336; A site sketch is attached to the submittal which clearly shows initial and repair wastewater system areas. The areas should be sited in a way that makes it clear for the septic contractor and the installation inspector to find the wastewater system areas in the field; and Any required legal agreements, artificial drainage requirements, and Licensed Soil Scientist (LSS)/Authorized Onsite Wastewater Evaluator (AOWE)/Licensed Geologist (LG)/Professional Engineer (PE) reports and/or plans are attached to the submittal. Previously, the LHD had 10 business days to review a submittal under this statute. This Section now states that a LHD has five business days to make this completeness review. If a LHD fails to act in this 5- day period, the applicant may treat this failure as a determination of completeness. If a LHD determines that the submittal is incomplete, the applicant shall be notified of the components that are missing. The NC DEPARTMENT OF HEALTH AND HUMAN SERVICES • DIVISION OF PUBLIC HEALTH LOCATION: 5605 Six Forks Road, Building 3, Raleigh, NC 27609 MAILING ADDRESS: 1632 Mail Service Center, Raleigh, NC 27699-1632 www.ncdhhs.govv• TELL:9909-707-5854 - FAX:: 9919-8445-3972 AN EQRRPMRR LggppnnIE59ONM�RPR OSWP also recommends notifying the LSS/AOWE/LG/PE. The LHD will have five business days to perform the completeness review of the re -submittal. While the LHD shall not review these submittals for accuracy or validity, inevitably issues or problems will be found on occasion. When issues are discovered by the LHD during the completeness review (e.g., error in bedrooms, incorrect design daily flow, setback violation, etc.), the LHD shall notify the applicant and the LSS/AOWE/LG/PE, as appropriate. This is a professional courtesy that allows the licensed professional the opportunity to correct the error. If the licensed professional chooses to correct the error, the LHD shall mark the common form as incomplete to allow time for the correction. However, if the licensed professional refuses to make the correction, the LHD shall document this notification and response. The applicant/owner shall be notified of the response, and the LHD shall proceed with the completeness review. The LHD shall not conduct any type of site visits or evaluations for the issuance of the Improvement Permit and/or Construction Authorization when submitted by an LSS/AOWE/LG/PE. This Section amends language in G.S. 130A-335(a4) and (a5) to allow the LSS/AOWE/LG/PE to require the LHD to revoke or suspend an Improvement Permit and/or Construction Authorization submitted pursuant to (a2) of this statute "for cause." "Cause" will exist if there are one or more grounds to revoke or suspend pursuant to G.S. 130A-23. Grounds to revoke include any violation of the Commission's rules, violation of applicable laws and statutes, or a finding that the permit was issued based upon inaccurate or inadequate information. A request to revoke under this provision shall be made in writing to the LHD. This Section amends language in G.S. 130A-335(a6) that allows a LHD to charge a fee for the Construction Authorization or the Improvement Permit/Construction Authorization combination of up to 40% of the normal fees for similar wastewater systems. Thus, a LHD may charge up to 100% of their normal fees for an Improvement Permit only, but if an application is submitted for a Construction Authorization or Improvement Permit/Construction Authorization combination, the LHD may only charge 40% of their normal fees. This Section amends language in G.S. 130A-335(a7) that allows the issuer of the Construction Authorization pursuant to (a5) of this statute to delay wastewater system construction until a determination of site conditions is made to verify that site conditions remain unchanged. Site conditions include soil wetness, or grading or landscaping that impacts the soil evaluation, compacts the soil, or alters the landscape position. Language was also added to (a7) that requires the owner to contact the authorized agent and septic contractor and notify them "of any known changes to the site that alter the site evaluation or conditions." Finally, this Section amends language in G.S. 130A-335(a9) that removes the requirements in 15A NCAC 18A .1938(e) or (f) for State review of systems with a design flow greater than 3,000 gallons per day or any industrial process wastewater systems for submittals pursuant to (a2) of this statute. If a proposal is sent to the Department for review, the completeness review is not required to meet the 5-day deadline. The decision for State review shall be the responsibility of the licensed professional and not the LHD. This Section is effective immediately, except for the fee changes which will take effect September 1, 2023. Section 2, Modifications to G.S. 130A-335.1: This Section removes the requirement of the visible marker for a septic tank's access device in G.S. 130A-335.1(b)(5). Board of Commissicgners - August 21, 2023 ITEM: 2 - 3 - 2 This Section is effective immediately. Section 3, Modifications to G.S. 130A-336.1: This Section amends language in G.S. 130A-336.1 by requiring the fee for an Engineered Option Permit (EOP) to be submitted with the Notice of Intent to Construct (NOI). In addition, this Section removes the requirement for a completeness review by the LHD. The fee for an EOP was changed from 30% of the cumulative total of the fees the LHD has established to obtain an Improvement Permit, a Construction Authorization, and an Operation Permit for wastewater systems under its jurisdiction, to no more than $35.00 for filing costs. The owner is now required to submit the Authorization to Operate (ATO) to the LHD and a letter documenting the acceptance of the EOP report, but that letter no longer needs to be notarized. In addition, the owner is required to submit a copy of the PE's report and a copy of the operations and management program. This Section amends language in G.S. 130A-336.1(o) by only allowing an EOP to be transferable to a new owner with consent of the PE and a contract between the PE and new owner. This Section adds new language, G.S. 130A-336.1(ol) and (o2). G.S. 130A-336.1(ol) grants authority of revocation to the PE that issued the EOP. The PE may send written notice to the LHD, as well as the owner, the LSS, the LG, if any, the certified contractor, and the certified water pollution control system operator, if any. This includes revocation of both the NOI and the ATO. G.S. 130A-336.1(o2) allows an owner the option to submit an application to the LHD for a malfunctioning EOP system. The LHD's responsibility is to evaluate the site as they would for a new septic system and issue both an Improvement Permit and a Construction Authorization, accordingly. Thus, best professional judgement shall not be used by the LHD for a malfunctioning EOP system. If the LHD determines that a site is unsuitable for a subsurface wastewater system in this scenario, the LHD shall submit a written report to the owner in accordance with 15A NCAC 18A .1937(m). For issuance of Notices of Violation and permanent pump and haul permits, please contact OSWP for guidance as needed. If a septic or pump tank needs replacing, or any other component outside of the nitrification field that is not considered maintenance, the LHD shall issue both an Improvement Permit and Construction Authorization but specifically state on the permit that the issuance is for the replacement of the wastewater system component only and has no impact on the nitrification field. The LHD shall not evaluate soils in the nitrification field in this scenario. A revocation is not required by law of the previously issued NOI or ATO. Additional repair area shall not be required. This Section is effective immediately, except for the fee changes which will take effect September 1, 2023. Section 4, Modifications to G.S. 130A-336.2: This Section amends language in G.S. 130A-336.2 by requiring the fee for an AOWE permit to be submitted with the NOL In addition, this Section removes the requirement for a completeness review by the LHD. The fee for an AOWE permit was changed from 30% of the cumulative total of the fees established for similar systems permitted by the LHD to no more than $35.00 for filing costs. The owner is now required to submit the ATO to the LHD but is no longer required to provide a notarized letter documenting the acceptance of the AOWE report. The owner shall only sign confirming acceptance and receipt of the AOWE report and submit this to the LHD, in addition to the AOWE's report and a copy of the operations and management program. Board of Commissigpers - August 21, 2023 ITEM: 2 - 3 - 3 This Section removes the responsibility for OSWP to develop the common form for AOWE permits and transfers this responsibility to the North Carolina On -Site Wastewater Contractors and Inspectors Certification Board. This Section amends language in G.S. 130A-336.2(o) by only allowing an AOWE permit to be transferable to a new owner with consent of the AOWE and a contract between the AOWE and new owner. This Section also adds new language, G.S. 130A-336.2(ol) and (o2). G.S. 130A-336.2(ol) grants authority of revocation to the AOWE that issued the AOWE permit. The AOWE may send written notice to the LHD, the owner, the LSS, the LG (if applicable), the certified contractor, and the certified water pollution control system operator (if applicable). This includes revocation of both the NOI and the ATO. G.S. 130A-336.2(o2) allows an owner the option to submit an application to the LHD for a malfunctioning AOWE system. The LHD's responsibility is to evaluate the site as they would for a new septic system and issue both an Improvement Permit and a Construction Authorization, accordingly. Thus, best professional judgement shall not be used by the LHD for a malfunctioning AOWE system. If the LHD determines that a site is unsuitable for a subsurface wastewater system in this scenario, the LHD shall submit a written report to the owner in accordance with 15A NCAC 18A .1937(m). For issuance of Notices of Violation and permanent pump and haul permits, please contact OSWP for guidance as needed. If a septic or pump tank needs replacing, or any other component outside of the nitrification field that is not considered maintenance, the LHD shall issue both an Improvement Permit and Construction Authorization but specifically state on the permit that the issuance is for the replacement of the wastewater system component only and has no impact on the nitrification field. The LHD shall not evaluate soils in the nitrification field in this scenario. A revocation is not required by law of the previously issued NOI or ATO. Additional repair area shall not be required. This Section is effective immediately, except for the fee changes which will take effect September 1, 2023. Section 5, Modifications to G.S. 130A-337: This Section adds new language, G.S. 130A-337(al), that allows an AOWE to contract with an applicant to conduct an inspection of a wastewater system installation and issue an Operation Permit, accordingly. The AOWE is required to provide written verification to the applicant that the system installation meets all of the conditions of the Improvement Permit and Construction Authorization, and the AOWE shall issue an as -built drawing with the Operation Permit that meets the standards and scale of the LHD that issued the Construction Authorization. The applicant shall submit these items to the LHD within two business days of receipt from the AOWE. This Section also adds language to G.S. 130A-337(a1) that releases liability from the Department, the Department's authorized agents, and the LHDs from any claims attributed to the wastewater system installation. The AOWE is responsible for ensuring that the wastewater system is installed in accordance with the Construction Authorization. However, the LHD retains the responsibility for the Improvement Permit and Construction Authorization. This Section is effective immediately. Section 6, Modifications to G.S. 130A-343: This Section adds new language, G.S. 130A-343(h)(1) and (h)(2), which says: (1) that any Accepted wastewater system approval be limited to the manufacturer that submitted the petition and received the Accepted status from the Commission for Public Health (CPH) and (2) that the CPH, the Department, Board of Commissiopers - August 21, 2023 ITEM: 2 - 3 - 4 or any LHD may not "condition, delay, or deny the substitution of any Accepted wastewater system based on location of nitrification lines when all parts of the dispersal field can be installed within the approved initial dispersal field area while complying with all Commission rules." This Section is effective immediately and applies retroactively to any wastewater system approvals issued by the CPH. Section 8.1, Modifications to G.S. 160D-1110: This Section adds new language, G.S. 160D-1110(hl), which disallows local governments to withhold a building permit on a project when there's no increase in design daily flow or wastewater strength to an existing wastewater system if an owner submits an on -site wastewater existing system inspection exemption affidavit. This affidavit should be submitted to the local Inspections department, not the LHD. This affidavit must be created and distributed by the Building Code Council by October 1, 2023. Section 9.5, Modifications to G.S. 87-97: This Section removes G.S. 87-97(b1) which required a LHD to notify building inspections when a well permit was issued, and allowed building inspections to conduct an inspection of the trench from the well to the house without the well contractor present. This Section now allows the well contractor to cover the trench without an inspection. This Section is effective immediately. Section 10.1, Modifications to G.S. 90A-51 through 53 and G.S. 90A-63, Adds G.S. 90A-53.1 and 90A- 53.2: This Section adds an Environmental Health Associate (EHA) that will be allowed to permit and inspect private water wells, any Type II or III onsite wastewater system, including system layouts and existing system inspections, and inspect migrant housing. An EHA is allowed to carry out other duties in Environmental Health, also, but these listed here only affect Onsite Water Protection. An EHA is required to attend CIT, must be authorized by the Department, and must be registered by the Board of Environmental Health Specialist Examiners. An EHA is also required to obtain continuing education each year as required by the Board. This Section is effective May 1, 2024. Section 12, Effective date of fees: This Section applies to Sections 1, 3, and 4 of this Act and requires that the fees established in these Sections take effect on September 1, 2023. Terminology Guidance: For the sake of consistency and clarity, the following terms are recommended for use throughout the state: Permit Type Statutory Authority Recommended Term Improvement Permit G.S. 130A-335(a2) & (a3) (a2) Improvement Permit Construction Authorization G.S. 130A-335(a2) & (a5) (a2) Construction Authorization Notice of Intent to Construct (NOI) G.S. 130A-336.1(b) EOP NOI Authorization to Operate (ATO) G.S. 130A-336.1(m) EOP ATO Board of Commissigpers - August 21, 2023 ITEM: 2 - 3 - 5 Notice of Intent to Construct (NOI) G.S. 130A-336.2(b) IAOWENOI Authorization to Operate (ATO) G.S. 130A-336.2(m) I AOWE ATO LHD Reporting Requirements: All LHDs shall report all private option permitting in their monthly activity reports to the OSWP, including permits issued in accordance with G.S. 130A-335(a2). Large systems (>3,000 GPD, unreduced) and Industrial Process Wastewater systems (IPWW) shall be reported to OSWP as these system types are required to be reported to the Environmental Protection Agency (EPA). LHDs are no longer required to send copies of NOls and ATOs to OSWP unless they are large systems (>3,000 GPD, unreduced) or IPWW. Common Form: A common form has been developed by OSWP in accordance with Section 1 of Session Law 2023-90, G.S. 130A-335(a3) and (a5). This common form is to be used as the Improvement Permit and/or the Construction Authorization. This common form is not meant to be an application for permits. However, OSWP has developed an application page that, in conjunction with the common form, can serve as the application for an Improvement Permit and/or Construction Authorization. Please keep in mind that this application page is not required to be accepted by the LHD, but it is recommended for consistency statewide. Both the common form and application page can be found at the end of this position statement and can also be found on OSWP's website. Private Permitting Quick Summary: Private Fees Allowed Effective Can LHD Who May Completeness (compared to Date of Fee Permitting Review? normal LHD Changes Conduct Conduct Final Option fees) Repairs? Inspection? IP: up to 100% Yes— as (a2) IP/CA Yes — 5 days CA: up to 40% 9/1/23 normal, CA LHD or AOWE I P+CA: up to only 40% EOP No Up to $35 9/1/23 Yes — no BPJ, PE IP+CA required AOWE No Up to $35 9/1/23 Yes — no BPJ, AOWE IP+CA required NOTE: Position statements are policy documents intended to clarify how to interpret or enforce a law or rule. They are not enforceable on their own, but are intended to promote uniform interpretation and enforcement of the underlying law or rule. Board of CommissicIpers - August 21, 2023 ITEM: 2 - 3 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis, New Hanover County Sheriffs Office CONTACT(S): Chief Deputy Ken Sarvis SU BJ ECT: Consideration of Revision for The N.C. Governor's Highway Safety Program Local Government Resolution BRIEF SUMMARY: The resolution for the Governor's Highway Safety Program (GHSP) Forensic Lab grant award in the amount of $110,167 was approved by the Commissioners' at their July 17, 2023 meeting. The amount has since been decreased and revised to $102,667 with no match required following a reduction, attributed to the removal of one training and travel expense associated with the GHSP program. The Sheriff's Office requests the adoption of the revised resolution. Grant funds will be used to fund the existing Forensic Lab Chemist position, lab supplies and travel/training costs. Governor's Highway Safety Program encourages extending the position beyond the grant cycle; however it is not mandatory. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt revised GHSP forensic lab grant resolution. ATTACHMENTS: GHSP Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted revised resolution 5-0. Board of Commissioners - August 21, 2023 ITEM: 3 Resolution North Carolina Governor's Highway Safety Program Local Governmental Resolution WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency") has completed an application (The Applicant Agency) contract for traffic safety funding; and that New Hanover County Board of Commissioners (herein called the (The Governing Body of the Agency) "Governing Body") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS 21st DAY OF August 2023, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $102,667 to be made to the Governing Body to assist in defraying the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of $ 0.00 required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution by included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in opening meeting by ATTESTED BY (Clerk) DATE _ Rev. 7/11 (Chairperson/Mayor) SEAL Board of Commissioners - August 21, 2023 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis, New Hanover County Sheriffs Office CONTACT(S): Jason Dye Deputy Sheriff Sergeant, Ken Sarvis SU BJ ECT: Consideration to Award Bid for Both the Purchase of New Firearms and the Trade-in of Used Firearms Owned by the County to Craig's Firearm Supply BRIEF SUMMARY: New Hanover County Sheriff's Office issued a solicitation to purchase three hundred forty-three (343) new Glock handguns and accessories on July 21, 2023. The Sheriff's Office currently owns three hundred thirteen (313) Smith & Wesson handguns and accessories which they advertised in the solicitation to trade-in on the new handguns. North Carolina General Statute (NCGS) 143-129.7 allows municipalities, counties, and other political subdivisions of the State to include in specifications for the purchase of apparatus, supplies, materials, or equipment an opportunity for bidders to purchase as "trade-in" specified personal property owned by the municipality, county, or other political subdivision, and the awarding authority may award a contract for both the purchase of the apparatus, supplies, materials, or equipment and the sale of trade-in property, taking into consideration the amount offered on the trade-in when applying the criteria for award established in this Article. Two bids were received in response to the solicitation on July 31, 2023 at 3:00 pm and publicly opened and recorded. Craig's Amchar 343 $429.00 $147,147.00 $429.00 $147,147.00 343 $52.81 $18,113.83 $53.34 $18,295.62 343 $397.21 $136,243.03 $362.35 $124,286.05 343 $41.96 $14,392.28 $42.00 $14,406.00 313 ($245.64) ($76,885.32) ($300.00) -$93,900.00 31 ($4.00) ($124.00) ($10.00) -$310.00 20 ($4.00) ($80.00) ($10.00) -$200.00 146 ($4.00) ($584.00) ($5.00) -$730.00 $238,222.82 $208,994.67 Although Craig's Firearm is not the lowest bidder, the Sheriff's Office would like to award the bid to Craig's Firearm Supply due to reasons detailed in the attached Exhibit A. Funds to cover the net cost of $238,223 are available in the FY 2024 budget. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - August 21, 2023 ITEM: 4 Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to award contract for the purchase of handguns and sale of the used handguns to Craig's Firearm Supply. ATTACHMENTS: Resolution Exhibit A - Justification for Award Bid Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption and approve sale. COMMISSIONERS' ACTIONS: Adopted resolution and approved sale (5-0). Board of Commissioners - August 21, 2023 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION PURCHASE GLOCK HANDGUNS WITH TRADE-INS WHEREAS, New Hanover County Sheriff's Office issued a solicitation to purchase three hundred forty- three (343) new Glock handguns and accessories on July 21, 2023; and WHEREAS, the Sheriff's Office currently owns three hundred thirteen (313) Smith & Wesson handguns and accessories which they advertised in the solicitation to trade-in on the new handguns; and WHEREAS, North Carolina General Statute (NCGS) 143-129.7 allows the County to include in the specifications for the purchase of the handguns an opportunity for bidders to purchase as "trade-in"; and WHEREAS, two bids were received in response to the solicitation on July 31, 2023 at 3:00 pm and publicly opened and recorded; and Craig's Amchar 343 $429.00 $147,147.00 $429.00 $147,147.00 343 $52.81 $18,113.83 $53.34 $18,295.62 343 $397.21 $136,243.03 $362.35 $124,286.05 343 $41.96 $14,392.28 $42.00 $14,406.00 313 ($245.64) ($76,885.32) ($300.00) -$93,900.00 31 ($4.00) ($124.00) ($10.00) -$310.00 20 ($4.00) ($80.00) ($10.00) -$200.00 146 ($4.00) ($584.00) ($5.00) -$730.00 $238,222.82 $208,994.67 WHEREAS, although not the lowest bidder, the Sheriff's Office would like to award the bid to Craig's Firearm, due to reasons detailed in the attached Exhibit A; and WHEREAS, funds to cover the net cost of $238,223 are available in FY 2024 budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the award of contract to Craig's Firearm Supply for the purchase of Glock handguns and accessories and the sale of Smith & Wesson handguns and accessories are approved. Approval is given for the net cost of $238,223 for the purchase of the new handguns and County staff is directed to process any required documents to complete the transaction for the sale of the used handguns. ADOPTED this 2111 day of August 2023. NEW HANOVER COUNTY Bill Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 21, 2023 ITEM: 4 - 1 - 1 EXHIBIT A PURCHASE OF FIREARMS FOR GUN TRANSITION REASONS FOR PURCHASING FROM GRAIG'S FIREARMS • 150 deputies within the New Hanover County Sheriff's Office are currently issued and carrying the new weapons system. The remainder are still carrying the old weapons system. Therefore, time is an extremely important factor in this purchase. All deputies in the Sheriff's Office need to be carrying the same weapons system: for continuity, to support each other and protect the community in case the worst happens. • The new weapons system also puts the deputies in a comparable system to other agencies in the area, making it easier to integrate and work together with those agencies should the need arise. • The New Hanover County Sheriff's Office has already seen a drastic improvement in firearms proficiency and accuracy with the issuance of the new weapons system to the deputies that have them so far. The improvement with the weapons system inspires more confidence within the deputies and allows them to better serve and protect the community. • The New Hanover County Sheriff's Office has purchased Firearms from both companies in the last 12 months that submitted bids. • Craig's Firearms Supply is the only company to submit a bid that meets all the Criteria listed in the RFB. • Craig's Firearms Supply customer service is extremely responsive to any issues that may arise and have been more responsive to the Sheriff's Office than other companies. The Sheriff's Office has found that getting answers to questions asked, updates in processes, and the general flow of information from Craig's has been excellent. • Craig's Firearms has been a long-time distributor of all of the products the Sheriff's Office is trying to purchase and has various avenues to get the equipment being purchased, allowing the product to get to the buyer quicker. • Once the items are received by the Sheriff's Office, it will be at least a 3-month process to get the new weapon systems in the hands of the deputies. • Training for Law Enforcement is conducted on the calendar year. If the purchased items were not to arrive until late in this calendar year, that will create a ripple effect that will carry over into the next training year (2024). • Time is a very important factor in this purchase as mentioned in the bullet points above. As stated earlier, the Sheriff's Office has also purchased items from both vendors within the last 12 months. When the Sheriff's Office made the purchase from Craig's on Oct. 18, 2022, the Sheriff's Office had all of the items in hand within two weeks. When the Sheriff's Office made the purchase from the other vendor on January 23, 2023, the Sheriff's Office did not receive the items until the end of April. • Craig's has and continues to be very supportive of the Sheriff's Office and has promoted the professionalism and capability of the Sheriff's Office's Firearms program to other agencies across the State. Those agencies have therefore reached out for and received assistance from the New Hanover County Sheriff's Office as they conduct their own transitions. Board of Commissioners - August 21, 2023 ITEM: 4 - 2 - 1 PURCHASE OF FIRE ARMS WITH TRADE-INS BID SUMMARY BID OPENING DATE: MONDAY, JULY 31, 2023 3:00 PM EST. ITEM QUANTITY DESCRIPTION. CRAIG'S UNITCOST CRAIGS FIREARMS SUPPLY AMCHAR UNIT COST AMCHAR WHOLESALE, INC 1 343 Glock Gen 5 G45 MOS with fixed sights, 3 LE magazines and Beaver tail kits $429.00 $147,147.00 $429.00 $147,147.00 2 343 Ameriglo 2XL Tritium with outline.30" front sight and Flat black .429" rear sight $52.81 $18,113.83 $53.34 $18,295.62 3 343 Holosun 509t X2 Green Dot-MRSwith adapter Plate $397.21 $136,243.03 $362.35 $124,286.05 4 343 CNC Pro's Mounting plate 509T to Glock MOS $41.96 $14,392.28 $42.00 $14,406.00 5 313 ($245.64) ($76,885.32) ($300.00) -$93,900.00 6 31 ($4.00) ($124.00) ($10.00) -$310.00 5 20 ($4.00) ($80.00) ($10.00) -$200.00 8 146 LESS TRADE-IN ALLOWANCE -Used Smith & Wesson M&P 2.0 45 ACP full size with night sights and 3 LE magazine ($4.00) ($584.00) ($5.00) -$730.00 NET COST TO PURCHASE NEW FIREARMS $238,222.82 $208,994.67 Board of Commissioners - August 21, 2023 ITEM: 4 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Consent DEPARTMENT: Museum PRESENTER(S): KittyYerkes- Museum Director of Development CONTACT(S): Kitty Yerkes, Kate Baillon - Interim Museum Director SU BJ ECT: Consideration of application for funding through the National Aeronautics and Space Administration (NASA) Teams Engaging Affiliated Museums and Informal Institutions (TEAM II) funding opportunity for the development and implementation of Space Science related programming, and equipment for the operation of a planetarium BRIEF SUMMARY: The Cape Fear Museum wishes to apply for a NASA grant called TEAM II to develop space science programming: "Mission Mars - Empowering Middle School Explorers in Planetary Voyages." The grant would also go toward part of the planetarium equipment cost. for the new museum on Grace Street. The grant, ranging from $500,000 to $800,000, does not require matching funds. The museum is creating Mission Mars, an exciting program for middle school students. Through engaging activities aligned with NASA's priorities and the Planetary Learning that Advances the Nexus of Engineering, Technology and Science (PLANETS) curriculum, students will develop their STEM skills and explore space science, engineering, and technology. If funded, the program includes a free field trip with a planetarium show and interpretive programming about Mars missions. Underserved students from Title I schools and after -school programs will have the opportunity to participate in a cohort -based program. At the end of the program, students will serve as museum volunteers, delivering educational programs using carts. Virtual learning opportunities will be offered, and after -school transportation will be provided for accessibility. An evaluation consultant will assess the program's impact on student interest, attitudes, and perceived abilities in STEM, helping to build essential skills for the future workforce to tackle challenges creatively and innovatively. This grant would not cover construction of the planetarium, which is part of the county's overall project budget, but would assist with equipment costs to ensure a state-of-the-art experience and bring new, engaging and interactive programing to the museum. If approved to move forward, museum staff will apply for the grant in September and then awards will be announced in March 2024, providing ample opportunity to plan the programming and details prior to a new museum opening. STRATEGIC PLAN ALIGNMENT: Superior Education & Workforce o Promote early learning that ensures life-long resiliency Provide high quality birth through age eight learning environments RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - August 21, 2023 ITEM: 5 Recommend approval for submitting the application for grant funding. ATTACHMENTS: NASA Grant -Letter of Intent to Submit Proposal COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve application. COMMISSIONERS' ACTIONS: Approved application 5-0. Board of Commissioners - August 21, 2023 ITEM: 5 NASA Notice of Intent Number Notice of Intent to Submit a Proposal TBD on Submit This Notice of Intent may contain proprietary information, and shall only be used in a manner consistent with NASA policies. A copy of this notice shall be applied to any reproduction of this Notice of Intent. Principal Investigator Katharine Baillon Street Address 0 814 Market Street E-mail Address kbaillon@nhcgov.com Street Address (2) City V State / Province Wilmington NC NOI Title: Mission Mars: Empowering Middle School Explorers in Planetary Voyages Proposed Start Date 05 / 21 / 2024 Proposed End Date 05 / 22 / 2028 Phone Number 910-7984356 Postal Code Country Code 28401 US Total Budget No budget required NASA Program Announcement Number INASA Program Announcement Title NNH23ZHA001N-TEAMIIFULLI 2023 Teams Engaging Affiliated Museums and Informal Institutions (TEAMIIFULL) For Consideration By NASA Organization (the soliciting organization, or the organization to which an unsolicited proposal is submitted) NASA , Headquarters , Office of STEM Engagement , Integration , Informal Education Date Submitted Submission Method Grants.gov Application Identifier Applicant Proposal Identifier Electronic Submission Only Type of Application Predecessor Award Number Other Federal Agencies to Which Proposal Has Been Submitted New International Participation Type of International Participation No UEI DUNS Number CAGE Code Employer Identification Number (EIN or TIN) I Organization Type F7TLT2GMEJEI 040029563 1ZB98 2A Organization Name (Standard/Legal Name) Company Division New Hanover, County Of Organization DBA Name Division Number Street Address (1) Street Address (2) 230 GOVERNMENT CENTER DR City State / Province Postal Code Country Code WILMINGTON NC 28403 USA Name Marcie Rosen Email Address drotema.nbcgov.com Phone Number 910-7984394 A Notice of Intent (NOI) to Propose, and the information contained therein, is not binding on the submitter, and the signature of an Authorized Organization Representative is not required. Although an NOI is not binding, it should be as accurate and complete as possible, and submitted by its due date. FORM NRESS-300 Version 8.3 03/22/2022 Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 1 PI Name: Katharine Baillon NASA Notice of Intent Number TBD on Submit Organization Name: New Hanover, County Of NOI Tide: Mission Mars: Empowering Middle School Explorers in Planetary Voyages SECTION Team Member Role Team Member Name Contact Phone E-mail Address PI Katharine Baillon 910-7984356 kbaillon@nhcgov.com Organization/Business Relationship UEI DUNS No. CAGE Code New Hanover, County Of F7TLT2GMEJE1 040029563 1ZB98 International Participation U.S. Government Agency Total Funds Requested No 0.00 FORM NRESS-300 Version 8.3 03/22/2022 Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 2 PI Name: Katharine Baillon organization Name: New Hanover, County Of NOI Tile: Mission Mars: Empowering Middle School Explorers in Planetary Voyages NASA Notice of Intent Number TBD on Submit Cape Fear Museum (CFM) intends to apply for NASA funding for an innovative and engaging middle school program titled Mission Mars: Empowering Middle School Explorers in Planetary Voyages. This program will provide mission to Mars focused STEM experiences for underserved middle school youth to increase student interest in, and positive attitude toward space science, engineering, and technology. Through fun, hands-on activities that align with NASA's priorities and use of the SciAct Planetary Learning that Advances the Nexus of Engineering, Technology and Science (PLANETS) curriculum, CFM will build student capacity for STEM subjects. Students will also experience a full -dome planetarium show that complements the PLANETS curriculum. CFM will accomplish these objectives through a two -pronged approach: a free field trip available to all 6th graders in New Hanover County Schools (NHCS) and a targeted cohort -based junior science volunteer program. The free field trip will be aligned with NC Standard Course of Study and Next Generation Science Standards. It will include a full -dome theater show as well as interpretive programming related to Mars mission planning. The volunteer program will recruit underserved students from area Title I schools and after school programs like Communities in Schools for a three-year training program that culminates in student -led delivery of cart programs to museum visitors. CFM will leverage existing SciAct resources from the PLANETS project to build STEM skills and explore space science and informal learning. CFM will work with NASA subject matter experts to conduct virtual learning opportunities for the recruited students during after - school hours. We will coordinate with the Science Mission Directorate to further refine the 3-year middle school learning cohort program. To lower barriers to participation, CFM will offer after -school transportation to the museum and bus passes, when appropriate. The program is designed to build middle school students' capacity for STEM. To assess the program's effectiveness, CFM will employ an evaluation consultant, with whom it has already worked, to develop evaluation metrics that measure learner interest, attitudes, and perceived ability to "do" STEM. Students will demonstrate an increased positive attitude towards STEM fields and all that is required to make a mission to Mars possible. Their knowledge of these STEM fields and what it takes to enter them will also increase. The outcomes of this program will help the future 21st century workforce build the STEM skills needed for a creative, innovative approach to solve the challenges of tomorrow. FORM NRESS-300 Version 8.3 03/22/2022 Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 3 PI Name: Katharine Baillon NASA Notice of Intent Number Organization Name: New Hanover, County Of TBD on Submit NOI Tile: Mission Mars: Empowering Middle School Explorers in Planetary Voyages STAY Program Specific Data Form Question 1 : Item 1. Plus4-DUNS: Note: The NSPIR.ES proposal coversheet only accepts 9-digit DUNS/UEI numbers. If applying as an embedded Informal Education Institution (IEI), provide a valid 13-digit (+4DUNS) in the text box below. Otherwise, indicate "Not Applicable." Caution: Do not leave blank. Answer: Not Applicable Question 2 : Item 2. Certification of organizational eligibility to submit proposal to 2021 NASA TEAM II STAT Solicitation. Answer: Museum or Planetarium Question 3 : Item 3. Submitting Organization's URL: Answer: https://www.nhcgov.com/548/Cape-Fear-Museum/ Question 4 : Item 4. Select one or more Institution Type: Answer: Planetarium State, local or Federal museum Question 5 : Item 5. Explain "Other or Unlisted Institution Type" or say "Not Applicable" Answer: Not Applicable Question 6 : Item 6. Select the Technical Content Area(s) that are most directly applicable for the proposal. Select one or more: Answer: Space Exploration (inlcudes human space flight) Space Science Question 7 : Item 7. Select the NASA Communication Theme(s) that are most directly applicable for the proposal. Select one or more: Answer: Humans in Space. Leading Discovery, Improving Life on Earth. Moon to Mars. Moon Lights the Way. Space Tech. Technology Drives Exploration Question 8 : Item 8. Select one NASA Mission Directorate or Office that has a content and/or educational priority(s) primarily applicable to the proposal (refer to 2021 TEAM II NOFO Appendix H and Section J.1.3 of Appendix J). Answer: Science Mission Directorate (SMD) Question 9 : Item 9. Select one or more NASA Mission Directorates or Offices with content and/or educational priority Answers: Science Mission Directorate (SMD) Space Technology Mission Directorate (STMD) Question 10 : Item 10. Activities with NASA Center(s) (NC)/JPL or NASA/JPL Visitor Center(s) (VC)#Select one or more: Answer: Planned activities with NCs and VCs Question 11 : Item 11. List any other NASA collaborators (individuals or facilities): Answer: Question 12 : Item 12. List any other federal entity the proposed project intends to involve, and include the cities and states of any local/ regional branches of the entity that are intended to be part of the involvement: Answer: Question 13 : Item 13. List any non-federal institutional network and/or partner organizations (e.g., Boys and Girls Clubs, school districts, 4-H. etc.) and include the cities and states of the local/regional branches of the network and/or partner that are intended to be part of the involvement. Answer: ORM NRESS-300 Version 8.3 03/22/2022 Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 4 • University of North Carolina Center for Education in STEM (CESTEM) - Wilmington, NC • Local STEM ecosystem, STEM Southeastern North Carolina (SENC) - Wilmington, NC • New Hanover County Schools - Wilmington, NC • D. C. Virgo Preparatory Academy - Wilmington, NC • North Side Teen Council - Wilmington, NC • Communities in Schools - Wilmington, NC Question 14 : Item 14. If the project involves targeted activities predominantly serving populations underserved in STEM, or a partnership with such an institution, please indicate type or check not applicable. Answer: Black/African American Hispanic or Latino Urban/Inner City Question 15 : Item 15. Explain "Other Underserved" from Item 14 or say "Not Applicable" Answer: Not Applicable Question 16 : Item 16. Select one or more primary types of STEM engagement/educational product and/or program that this project is expected to utilize through the network or develop: Answer: Educator guide/manual Field trip Interpretive programming Planetarium show Youth STEM learning program (summer, afterschool, weekend, etc.) FORM NRESS-300 Version 8.3 03/22/2022 Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 5 PI Name: Organization Name: New Hanover, County Of NOI Title: Mission Mars: Empowering Middle School Explorers in Planetary Voyages Total Budget: No budget required NASA Notice of Intent Number TBD on Submit FORM NRESS-300 Version 8.3 03/22/2022 Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 6 TEAM -II Full NOI Proposal title: Mission Mars: Empowering Middle School Explorers in Planetary Voyages Institution name and type: Cape Fear Museum of History and Science (CFM), Department of New Hanover County — Museum/Planetarium Project goals, objectives, intended outcomes: Provide mission to Mars focused STEM experiences for underserved middle school youth to increase student interest in, and positive attitude toward space science, engineering, and technology. Students will demonstrate an increased positive attitude towards STEM fields and all that is required to make a mission to Mars possible. Their knowledge of these STEM fields and what it takes to enter them will also increase. Network and partner organizations: • University of North Carolina Center for Education in STEM (CESTEM) - Wilmington, NC • Local STEM ecosystem, STEM Southeastern North Carolina (SENC) - Wilmington, NC • New Hanover County Schools - Wilmington, NC • D. C. Virgo Preparatory Academy - Wilmington, NC • North Side Teen Council - Wilmington, NC • Communities in Schools - Wilmington, NC Primary target audience: New Hanover County sixth grade students Area of reach: Regional, focus on New Hanover County with offerings to surrounding counties Types of programs and products to be utilized/developed CFM will utilize the SciAct Planetary Learning that Advances the Nexus of Engineering, Technology and Science (PLANETS) curriculum. CFM will develop a free field trip available to all 6th graders in New Hanover County Schools (NHCS) and a targeted cohort -based junior science volunteer program. Summary: Cape Fear Museum (CFM) intends to apply for NASA funding for an innovative and engaging middle school program titled Mission Mars: Empowering Middle School Explorers in Planetary Voyages. This program will provide mission to Mars focused STEM experiences for underserved middle school youth to increase student interest in, and positive attitude toward space science, engineering, and technology. Through fun, hands-on activities that align with NASA's priorities and use of the SciAct Planetary Learning that Advances the Nexus of Engineering, Technology and Science (PLANETS) curriculum, CFM will build student capacity for STEM subjects. Students will also experience a full -dome planetarium show that complements the PLANETS curriculum. CFM will accomplish these objectives through a two -pronged approach: a free field trip available to all 6th graders in New Hanover County Schools (NHCS) and a targeted cohort -based junior science volunteer program. The free field trip will be aligned with NC Standard Course of Study and Next Generation Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 7 Science Standards. It will include a full -dome theater show as well as interpretive programming related to Mars mission planning. The volunteer program will recruit underserved students from area Title I schools and after school programs like Communities in Schools for a three-year training program that culminates in student -led delivery of cart programs to museum visitors. CFM will leverage existing SciAct resources from the PLANETS project to build STEM skills and explore space science and informal learning. CFM will work with NASA subject matter experts to conduct virtual learning opportunities for the recruited students during after -school hours. We will coordinate with the Science Mission Directorate to further refine the 3-year middle school learning cohort program. To lower barriers to participation, CFM will offer after -school transportation to the museum and bus passes, when appropriate. The program is designed to build middle school students' capacity for STEM. To assess the program's effectiveness, CFM will employ an evaluation consultant, with whom it has already worked, to develop evaluation metrics that measure learner interest, attitudes, and perceived ability to "do" STEM. Students will demonstrate an increased positive attitude towards STEM fields and all that is required to make a mission to Mars possible. Their knowledge of these STEM fields and what it takes to enter them will also increase. The outcomes of this program will help the future 215t century workforce build the STEM skills needed for a creative, innovative approach to solve the challenges of tomorrow. Board of Commissioners - August 21, 2023 ITEM: 5 - 1 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Consent DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director CONTACT(S): Rebekah Roth SU BJ ECT: Consideration of Resolution Appointing Map Review Officers BRIEF SUMMARY: NC General Statute 47-30.2 authorizes the county to appoint Map Review Officers to examine and approve plats and maps prior to recordation at the Register of Deeds. A resolution designating Map Review Officers must be recorded with the county registry and indexed on the grantor index in the name of the Review Officer. County Planning staff contacted each municipality within the county to ensure the proposed resolution addresses staff changes across all jurisdictions. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution and appoint Map Review Officers ATTACHMENTS: Map Re\iew Officer Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption and approve appointments. COMMISSIONERS' ACTIONS: Adopted resolution and approved appointments 5-0. Board of Commissioners - August 21, 2023 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS WHEREAS, NC General Statute 47-30.2 requires that every County appoint one (1) or more Map Review Officers to examine and approve plats prior to recordation at the Register of Deeds; and WHEREAS, a Map Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, and New Hanover County have requested that the staff listed below be designated Map Review Officers. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as Map Review Officers: For the unincorporated land use jurisdiction of New Hanover County: • Ken Vafier, Planning Operations Supervisor • Robert Farrell, Development Review Supervisor • Zachary Dickerson, Senior Development Review Planner • Amy Doss, Development Review Planner • Wendell E. Biddle, Development Review Planner • Dylan McDonnell, Long Range Planner For the Town of Carolina Beach: • Ed Parvin, Assistant Town Manager • Jeremy Hardison, Planning & Development Director • Gloria Abbotts, Senior Planner • Haley Moccia, Planner • Gigi Baggarley, GIS Administrator For the Town of Kure Beach: • John Baston, Inspector For the Town of Wrightsville Beach: • Tony Wilson, Director of Planning and Parks • Robert O'Quinn, Town Planner For the City of Wilmington: • David E. Cowell, PE, City Engineer • Rob Gordon, PE, City Plan Review Engineer • Peter J. Brennon, Jr. PLS, Surveyor • Ed Ashworth, PLS, Surveyor • Brian Chambers, Assistant Director • Nicole Smith, Senior Planner • Abie Bonevac, Associate Planner • Miranda Garmenn, Associate Planner • Kathryn Thurston, Zoning Administrator Board of Commissioners - August 21, 2023 ITEM: 6 - 1 - 1 ADOPTED this 21" day of August, 2023 Bill Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 21, 2023 ITEM: 6 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SU BJ ECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented awards and met new employees. Board of Commissioners - August 21, 2023 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Strategy PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Jennifer Rigby, Chief Strategy Officer SU BJ ECT: Recognition of National Association of Counties (NACo) Achievement Awards for Innovation BRIEF SUMMARY: The National Association of Counties (NACo) recognized New Hanover County by awarding 11 NACo Achievement Awards for Innovation. Since 2016, New Hanover County has received a total of 65 awards. NACo awards celebrate our core value of innovation in county government programs and New Hanover County has demonstrated innovation on a national level again for the 8th consecutive year. Below is a full list of our programs an initiatives that have received NACo Awards this year. • Escape the Vape • Youth Intensive Intervention Services Program • Older Adult Dental Program • Older Adult Mental Health Program • Building Safety Permitting Continuous Improvement • Burnout Learning and Development • Su Condado - YouTube Show • Nature at Home Volunteer Program • Water Quality Monitoring Program • Wilmington Housing Authority Recovery • New Hanover County Connect STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize awards. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize awards. COMMISSIONERS' ACTIONS: Recognized award winners and took photos with award recipients. Board of Commissioners - August 21, 2023 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Diversity & PRESENTER(S): Sheila Evans, Chair of the City of Wilmington/New Hanover County Equity Commission for Women CONTACT(S): Linda Thompson, Chief Diversity and Equity Officer, Sheila Evans SU BJ ECT: Consideration of Resolution to Recognize Women's Equality Day as a National Day of Celebration BRIEF SUMMARY: In 1973, the U.S. Congress designated August 26 as "Women's Equality Day." The date commemorates the 1920 certification of the 19th Amendment to the Constitution, granting women the right to vote. The observance of Women's Equality Day not only commemorates the passage of the 19th Amendment, but also calls attention to women's continuing efforts toward full equality. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Resolution ATTACHMENTS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted resolution 5-0. Board of Commissioners - August 21, 2023 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING WOMEN'S EQUALITY DAY AS A NATIONAL DAY OF CELEBRATION WHEREAS, on August 26, 1920, then Secretary of State Bainbridge Colby provided his endorsement for the ratification of the Nineteenth Amendment to the Constitution of the United States; and WHEREAS, this amendment declared "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex"; and WHEREAS, this measure was a significant advancement within a prolonged debated pursuit to guarantee complete citizenship for women in the United States; and WHEREAS, Congress, recognizing the significance of this historic amendment, first designated August 26 as Women's Equality Day in 1973, and has done so on an annual basis; and WHEREAS, recognizing Women's Equality Day as a day of celebration throughout the country emphasizes the importance of women's work for democracy. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners recognizes Women's Equality Day, August 26th, as a national day celebrating the importance of women's suffrage to the strength and diversity of our nation's democratic institutions. ADOPTED this 21s' day of August, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 21, 2023 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Regular REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Eric Credle, Chief Financial Officer, Leanne Lawrence, Director, NHC DEPARTMENT: Finance PRESENTER(S): School Facility Planning and Construction and Eddie Anderson NHC Schools Assistant Superintendent for Operations CONTACT(S): Eric Credle, Chief Financial Officer SU BJ ECT: Consideration of N HC Board of Education Applications for Public School Building Capital Fund and Public -School Building Repair & Renovation Funds BRIEF SUMMARY: On August 2, 2023, the New Hanover County Board of Education approved the submission of three Public School Building Capital Fund (PSBCF) and one Public School Building Repair & Renovation Fund (PSBRRF) applications for various New Hanover County schools, with each of these funds being funded by the state lottery proceeds. The total amount of the four applications is $1,871,000. The current unallocated balance for PSBCF is $2,144,470. The current PSBCF applications are $1,705,169 and there is one application pending from August 2022 for $250,200. With approval of the PSBCF applications the new unallocated balance will be $189,101. Lottery revenue is distributed to the unallocated balance four times a year. The current unallocated balance for the PSBRRF is $579,553. The current application is $165,831, therefore with approval the new unallocated balance will be $413,722. Lottery revenue is distributed to the unallocated balance four times a year. Applications for FY 2023-24 PSBCF $1,117,000 Alderman Elementary School Door/Window Replacement— Phase 2 554,000 Career Readiness Academy at Mosely— Roof Recover 34,169 Winter Park ES Roof Recover — Phase 2 $1,705,169 Total PSBCF Applications Application for FY 2023-24 PSBRRF $165,831 Winter Park ES Roof Recover — Phase 2 The applications will be submitted to the NC Department of Public Instruction and once approved, a budget amendment will be submitted to the Board of Education and the Board of County Commissioners for approval. STRATEGIC PLAN ALIGNMENT: e Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county ■ Proactively manage the county budget Board of Commissioners - August 21, 2023 ITEM: 10 RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of N HC Board of Education's applications for $1,871,000. ATTACHMENTS: PSBCF Applications PSBRRF Application Unallocated Balances COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve application. COMMISSIONERS' ACTIONS: Approved application 5-0. Board of Commissioners - August 21, 2023 ITEM: 10 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: LEA: New Hanover New Hanover County Schools Approved: Date: August 1, 2023 Contact Person: Leanne Lawrence Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmington, Phone: 910-254-4281 Project Title: Alderman Elementary School Door/ Window Replacement- Phase 2 Location: Alderman Elementary School Type of Facility: Elementary School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Replace existing exterior doors and windows Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: September 2023 200,000.00 917,000.00 1,117,000.00 Est. Project Completion Date: August 2024 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 1,117,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 115C-546. (Signature - (Date) (Signature-- Chair, Board of Education) (Date) Form Date: July 01, 2011 Board of Commissioners - August 21, 2023 ITEM: 10- 1 - 1 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: LEA: New Hanover New Hanover County Schools Approved: Date: August 1, 2023 Contact Person: Leanne Lawrence Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmington, Phone: Project Title: Career Readiness Academy at Mosely- Roof Recover Location: Career Readiness Academy at Mosely PLC Type of Facility: Pre-K through High School 910-254-4281 North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Roof Recover Estimated Costs: Purchase of Land $ Planning and Design Services 50,000.00 New Construction Additions / Renovations Repair 504,000.00 Debt Payment / Bond Payment TOTAL 554,000.00 Estimated Project Beginning Date: September 2023 Est. Project Completion Date: August 2024 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 554,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 115C-546. (Signature — air, County Com %ssi e,) (Date) (Signature — Chair, Board of Education) (Date) Form Date: July 01, 2011 Board of Commissioners - August 21, 2023 ITEM: 10- 1 - 2 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: LEA: New Hanover New Hanover County Schools Approved: Date: August 1, 2023 Contact Person: Leanne Lawrence Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmington, Phone: Project Title: Winter Park ES Roof Recover- Phase 2 Location: Type of Facility Winter Park Elementary School Elementary School 910-254-4281 North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Roof Recover Phase 2 Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: September 2023 34,169.00 $ 34,169.00 Est. Project Completion Date: August 2024 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 34,169.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 115C-546. (Sign nttrfe—:-:�Chair, Cou Co issioners) (Date) C' (Signature — Chair, Board of Education) (Date) Form Date: July 01, 2011 Board of Commissioners - August 21, 2023 ITEM: 10- 1 - 3 DISTRIBUTION REQUEST PUBLIC SCHOOL BUILDING REPAIR & RENOVATION FUND NORTH CAROLINA EDUCATION LOTTERY Date of Request: August 1, 2023 County: New Hanover Address: 230 Govt Center Dr., Wilmington NC 28403 LEA: New Hanover County Schools DPI USE ONLY Approved By: Date: Contact Person: Leanne N. Lawrence Title: Director, Facility Planning and Construction Phone: 910-254-4281 Address: 6410 Carolina Beach Rd, Wilmington, NC 28412 Email: leanne.lawrence@nhcs.net Project Title: Winter Park ES Roof Recover- Phase 2 Project Address: 204 South MacMillan Avenue Wilmington, NC 28403 Type of Facility: Elementary School The Public School Building Repair & Renovation Fund was established by S.L. 2021-180, Section 4.4.(a1). The purpose of the Fund is to provide revenue to counties for repair and renovation projects. Per G.S. 115C-546.16, counties are to utilize funds for enlargement, improvement, expansion, repair, or renovation of classroom facilities at public school buildings within local school administrative units (LEAs) located in the county. As used in this context, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include administration, maintenance, or other facilities. Brief Project Description (include est. start/end dates): Phase 2 of roof recover project- September 2023 through August 2024 Estimated Costs: Planning and Design Services ................................................ $ New Construction — Facility Enlargement ................................. $ New Construction — Addition(s) .............................................. $ Existing Construction — Facility Improvements ...........................$ Existing Construction — Facility Repairs ....................................$ 165,831.00 Existing Construction — Facility Renovations ............................. $ TOTAL............................................................................. $ 165,831.00 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request the release of $ 165,831.00 from the Public School Building Repair & Renovation Fund. We certify that the project herein described is within the parameters of G.S. 115C-546. (Signature — Uhair, Board of Education) (Date) larl ladmeglivill o Board of Commissioners - August 21, 2023 ITEM: 10- 2 - 1 PENDING APPLICATIONS SUBMITTED TO NC DEPARTMENT OF PUBLIC INSTRUCTION NEW HANOVER COUNTY SCHOOLS NCDPI UNALLOCATED BALANCE AS OF 8/4/23 APPLICATIONS PENDING NCDPI APPROVAL: 8/22/22 BOCC agenda Pine Valley Elementary School - Switchgear Replacement - REPAIR 8/21/23 BOCC agenda Alderman Elementary School Door/Window Replacement - Phase 2 Career Readiness Academy at Mosely - Roof Recover Winter Park ES Roof Recover - Phase 2 Winter Park ES Roof Recover - Phase 2 Remaining unallocated balance 8/21/23 PSBRRF PSBCF Needs Based Repair & Renovation ADM Fund Lottery Fund Lottery Fund Lottery Fund 6,784 2,144,470 250,200 1,117, 000 554,000 34,169 Pending applications 1,955,369 579,553 165,831 165,831 6,784 189,101 - 413,722 Board of Commissioners - August 21, 2023 ITEM: 10- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer and Jennifer Rigby, Chief Strategy Officer CONTACT(S): Eric Credle, Jennifer Rigby, and Budget Officer Michelle Daniels SU BJ ECT: Opioid Settlement Funds — Board Resolution & Revised Budget Ordinance BRIEF SUMMARY: As has been previously communicated to the Board of Commissioners, New Hanover County is the party to a national opioid settlement with a subset of major pharmaceutical distributors. The county is expecting to receive not less than $18.7 million over 17 years. The spending of these funds is governed by both a Memorandum of Agreement (MOA) with the state, as well as statutory budgeting requirements. On September 6, 2022, the Board of Commissioners approved a multi -year strategy that has been developed for the expenditure of these funds and approved a budget consistent with that strategy. Recently, new guidance has been provided by the North Carolina Department of Justice regarding the specifics of a board resolution that must be approved, and the U N C School of Government has clarified how the statutory budget provisions apply to the expenditure's settlement funds. Previously, there was conflicting or unclear guidance in both areas. It is noted that local governments must separately satisfy both the MOA requirements and the state law requirements. The resolution required by the MOA is not sufficient under the Local Government Budget and Fiscal Control Act to authorize the expenditure of the opioid settlement funds. By the same token, a legal budget ordinance — which requires appropriations by department, function, or project — will not include sufficient detail to meet the requirements of the MOA for authorizing the expenditure of opioid settlement funds. The purpose of this agenda item is to ensure that the county is in full compliance with both the MOA and the state budgetary requirements. There are no fundamental changes to the strategy from what the board has previously approved, and the amounts being budgeted for expenditure in Fiscal Year 2024 are unchanged from the strategy's first year spending plan. Board Resolution Per the new guidance provided by the North Carolina Department of Justice on how to authorize the expenditure of opioid settlement funds pursuant to the MOA and state law, local governments must adopt a resolution that includes specific details about each strategy they plan to fund, as required by Section E.6 of the MOA. The separate resolution must: indicate that it is an authorization for expenditure of opioid settlement funds; and state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy; and state the amount dedicated to each strategy for a specific period of time. Board of Commissioners - August 21, 2023 ITEM: 11 The attached board resolution addresses each of the items noted above. Budget Ordinance The UNC School of Government has provided guidance that the Local Government Budget and Fiscal Control Act requires the expenditures of these settlement funds to be budgeted as part of an annual budget ordinance and held in a Special Revenue Fund. On March 16, 2023, the Board approved the opioid settlement spending plan. A multi -year project ordinance consistent with that spending plan was approved on June S, 2023. While it has been determined that a multi -year project ordinance cannot be used, the county has not incurred a budget violation to date because no funds have yet been expended. The attached budget amendment to the county's fiscal year 2024 budget authorizes and budgets in a Special Revenue Fund opioid revenue and expenditures only for fiscal year 2024, which as previously noted, matches the first year of the previously approved multi -year spending plan. It has been determined that the prior project ordinance does not need to be formally rescinded because it was inherently of no effect. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Adopt Opioid Settlement Fund Expenditure Resolution. 2. Approve an Amendment to the 2024 Budget to reflect Fiscal Year 2024 Opioid Expenditures as part of the annual spending ordinance. ATTACHMENTS: Opioid Settlement Resolution Opioid Settlement Funds Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adopt settlement fund resolution and approve budget amendment. COMMISSIONERS' ACTIONS: Adopted settlement fund resolution and approved budget amendment 5-0. Board of Commissioners - August 21, 2023 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION BY NEW HANOVER COUNTY TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS WHEREAS, New Hanover County has joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids, including settlements with drug distributors Cardinal, McKesson, and AmerisourceBergen, and the drug maker Johnson & Johnson and its subsidiary Janssen Pharmaceuticals; WHEREAS,the allocation, use, and reporting of funds stemming from these national settlement agreements and certain bankruptcy resolutions ("Opioid Settlement Funds") are governed by the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA"); WHEREAS, New Hanover County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue fund as required by section D of the MOA; WHEREAS, section E.6 of the MOA states: "E.6. Process for drawing from special revenue funds. a. Budget item or resolution required. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. b. Budget item or resolution details. The budget or resolution should (i) indicate that it is an authorization for expenditure of opioid settlement funds; (ii) state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy, and (iii) state the amount dedicated to each strategy for a stated period of time." NOW, THEREFORE BE IT RESOLVED, in alignment with the MCA, New Hanover County authorizes the expenditure of opioid settlement funds as follows: 1. First strategy authorized: a. Name of strategy: D.A.R.E Program b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item K1 d. Amounted authorized for this strategy: $60,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2024 f. Description of the program, project, or activity: D.A.R.E. (Drug Abuse Resistance Education) has created a comprehensive K-12 Opioid abuse prevention program. School Resource Officer (SRO) teaches children from kindergarten through 12th grade how to live productive drug free lives. This is a one-time cost. g. Provider: New Hanover County Sheriff's Office 2. Second strategy authorized: a. Name of strategy: Medication -Assisted Treatment in Detention Center b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item Al Board of Commissioners - August 21, 2023 ITEM: 11- 1 - 1 d. Amounted authorized for this strategy: $910,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Currently, the county is providing Medication - Assisted Treatment (MAT) for individuals already on MAT. This is the second phase that allows for inmates to choose to begin MAT treatment plan through an induction process in detention facilities. g. Provider: New Hanover County Sheriff's Office and Coastal Horizons 3. Third authorized strategy: a. Name of strategy: Medication -Assisted Treatment with EMS b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item Al d. Amounted authorized for this strategy: $1,688,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: The EMS MAT Program offers an individual the opportunity to begin a MAT program by offering buprenorphine after an opioid overdose event, and then uses community paramedics and post overdose response teams to follow up and continue to provide medication and support until the person can be placed in long-term substance use disorder (SUD) treatment. g. Provider: New Hanover County Fire Rescue and Novant Health 4. Fourth authorized strategy: a. Name of strategy: Naloxone replacement for New Hanover County Sheriff's Office b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item H1 d. Amounted authorized for this strategy: $100,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Naloxone is a medication approved by the Food and Drug Administration (FDA) designed to rapidly reverse opioid overdose. This will increase the amount of Naloxone by 200 units/year. g. Provider: New Hanover County Sheriff's Office 5. Fifth authorized strategy: a. Name of strategy: Post -Overdose Response Team (Quick Response Team — QRT) b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 8 d. Amounted authorized for this strategy: $1,000,000 e. Period of time during which expenditure may take place: July 1, 2024 through June 30, 2028 f. Description of the program, project, or activity: Post -overdose response teams (PORTS; also called Quick Response Teams, Rapid Response, Community Response Teams, etc.) are an emerging strategy to follow up with patients who have experienced an overdose within 24-72 hours. Teams seek to link the patient with appropriate care ranging from harm reduction services to treatment to recovery supports. This program provides stable funding for an existing grant program and increases the capacity by an additional 100 people would receive service. g. Provider: Coastal Horizons 6. Sixth authorized strategy: a. Name of strategy: Employment Support Services for People with Opioid Use Disorder b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 5 d. Amounted authorized for this strategy: $200,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: The program offers employment support services to people with opioid use disorder in treatment or recovery such as job training, job skills, job placement, interview coaching, resume review, professional attire, relevant courses at Board of Commissioners - August 21, 2023 ITEM: 11- 1 - 2 community colleges or vocational schools, transportation services or transportation vouchers to facilitate any of these activities, or similar services or supports. g. Provider: RFP's will be advertised to select a provider. Seventh authorized strategy: a. Name of strategy: Opioid Use Disorder (OUD) Outpatient Treatment Services for Under- or Uninsured Population b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item Al d. Amounted authorized for this strategy: $625,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Provides funding for medically assisted treatment and associated therapy for underinsured and uninsured patients who cannot afford them to reduce unnecessary trips to the Emergency Department and reduce overdoses. g. Provider: Request for proposals (RFP) will be advertised to select a provider. Eighth authorized strategy: a. Name of strategy: Housing Supportive Services for people with OUD. b. Strategy is included in Exhibit A c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 4 d. Amounted authorized for this strategy: $1,250,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: The Housing Supportive Services program is intended to ensure residents who are recovering from opioid addiction can find and secure safe and affordable housing. Eligible activities include, but are not limited to, short-term recovery housing characterized by living settings that promote opioid free living for up to one (1) year and utilizes peer support and other addiction recovery aids. Eligible activities may provide professional low -intensity residential services for adults who are diagnosed with an opioid use disorder and require regular supervision. Applicants must be able to administer eligible programs with funds provided and in accordance with reporting guidelines and requirements. g. Provider: RFP's will be advertised to select a provider. 9. Ninth authorized strategy a. Name of strategy: Wrap -around Support Services for People Transitioning from Opioid Use Disorder Treatment — Part 1 b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 131 d. Amounted authorized for this strategy: $875,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Wrap -around services are any services that are not treatment, but instead are services that "wrap around" individuals and help them get into treatment, stay in recovery, or prevent opioid use. Examples include housing, childcare, transportation, job training or getting needed education. g. Provider: New Hanover County Health and Human Services 10. Tenth authorized strategy: a. Name of strategy: Wrap -around Support Services for People Transitioning from Opioid Use Disorder Treatment — Part 2 b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item 132 d. Amounted authorized for this strategy: $375,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Wrap -around services are any services that are not treatment, but instead are services that "wrap around" individuals and help them get into Board of Commissioners - August 21, 2023 ITEM: 11- 1 - 3 treatment, stay in recovery, or prevent opioid use. Examples include continuum of care through peer support, counseling, case management, etc. g. Provider: New Hanover County Health and Human Services 11. Eleventh authorized strategy: a. Name of strategy: Opioid Prevention and Destigmatization Public Service Announcements b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item G2 d. Amounted authorized for this strategy: $125,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Public service announcements and media campaigns about opioid use prevention. g. Provider: TBD 12. Twelfth authorized strategy: a. Name of strategy: Opioid Use Disorder Outreach and Education b. Strategy is included in Exhibit B c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Item G2 d. Amounted authorized for this strategy: $100,000 e. Period of time during which expenditure may take place: August 21, 2023 through June 30, 2028 f. Description of the program, project, or activity: Education and outreach programs related to opioid use disorder. g. Provider: TBD The total dollar amount of Opioid Settlement Funds appropriated across the above named and authorized strategies is $7,308,000. ADOPTED this 21St day of August, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 21, 2023 ITEM: 11- 1 - 4 NEW HANOVER COUNTY NATIONAL SETTLEMENT AGREEMENT OPIOID SETTLEMENT PLAN BUDGET AMENDMENT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: New Hanover County (county) has been awarded approximately $18.7 million of Opioid Settlement Funds from the first wave of settlements arising from the National Settlement Agreement legislation. Through June 30, 2023, the county has received $2,419,122, with periodic allotments scheduled through 2038. These funds may be used to support opioid remediation activities or restitution in addition to funding the administrative costs of administering the programs. Programs have been designed within the guidelines set forth through the Memorandum of Agreement Between the State of North Carolina and Local Governments Relating to the Settlement of Opioid Litigation. This amendment establishes year one of funding as outlined below. County desires to authorize and budget, in a Special Revenue Fund, for programs in a budget amendment adopted pursuant to North Carolina General Statute (N.C.G.S.) Section 159-15, effective upon adoption, such ordinance to authorize appropriations necessary for said plan. In the event an award is greater than or less than the adopted budget, and as additional settlements are reached, to the extent it is needed, a budget amendment will be brought to the Board for approval to adjust revenues and expenditures accordingly. Otherwise, the county's spending plan will be included in the annual budget ordinance. NOW, THEREFORE, WITNESSETH THAT: 1. This amendment to the annual budget is adopted pursuant to N.C.G.S. Section 159-15. 2. The programs undertaken pursuant to this ordinance are part of the Opioid Settlement Plan, which is herewith authorized. 3. The revenue that will finance said project is: Opioid Settlement Funds 1,410,847 Contribution from City of Wilmington 81,153 Total $ 1,492,000 4. The following appropriations necessary for the function are herewith made from the revenue listed above: Program Option/Item Estimated Cost General Government Outreach & Education - substance abuse focus B/G2 20,000 Public Service Announcement / destigmatization of SUD B/G2 25,000 M-A-T for EMS (evidence based) B/A1 520,000 Employment Related Services for People in Treatment & Recovery A/5 40,000 Opioid Use Disorder Treatment & Meds for Uninsured B/A1 125,000 Recovery Housing Support for People in Treatment or Recovery / Port Health / Capstone / Stepping Stone A/4 250,000 Wraparound Support Services for People Transitioning from Opioid Treatment (Focus 1) B/B1 175,000 Wraparound Support Services for People Transitioning from Opioid Treatment (Focus 2) B/B2 75,000 General Government Appropriation 1,230,000 Public Safety D.A. R.E. B/K1 $ 60,000 M-A-T for Detention Center (evidence based) B/A1 182,000 NHC Naloxone Replacement B/H1 20,000 Public Safety Appropriation 262,000 Grand Total $ 1,492,000 Board of Commissioners - August 21, 2023 ITEM: 11- 2 -1 The Finance Officer is hereby directed to maintain within the Special Revenue Fund sufficient specific detailed accounting records to provide the accounting required in accordance with the Memorandum of Agreement Between the State of North Carolina and Local Governments Relating to the Settlement of Opioid Litigation. 6. This budget amendment shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this amendment shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. ADOPTED, this 215t day of August, 2023. Kymberleigh G. Crowell Clerk to the Board of Commissioners William E. Rivenbark, Chair Board of County Commissioners Board of Commissioners - August 21, 2023 ITEM: 11- 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Governing Body PRESENTER(S): Jeffrey Bourk, A.A.E., Wilmington International Airport Director CONTACT(S): Kym Crowell, Clerk to the Board and Jeffrey Bourk SU BJ ECT: New Hanover County Airport Authority Annual Update BRIEF SUMMARY: The New Hanover County Airport Authority will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation ATTACHMENTS: New Hanover County Airport Authority Information New Hanover County Airport Authority Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and provide feedback. COMMISSIONERS' ACTIONS: Heard presentation and provided feedback. Board of Commissioners - August 21, 2023 ITEM: 12 NEW HANOVER COUNTY AIRPORT AUTHORITY Number of members: 7 appointed by the Board of County Commissioners Terms of Office: 4 years — In accordance with Session Law 1989-404, appointees may not serve more than two consecutive terms and cannot be reappointed until at least two years have expired since the end of their last term. Compensation: None; however, the chairman is allowed a maximum of $428 per month, and other members $378 per month, for automobile/travel expenses. Meetings: Meetings are held on the first Wednesday of every month at 5:00 p.m. in the Airport Terminal Conference Room. Statute or cause creating Authority: General Statutes Chapter 404, Senate Bill 410; NHC Board of Commissioners approved expansion from 5 to 7 members on September 15, 2014. Purpose: The Airport Authority constitutes a corporate and politic body that has the power and authority to: (1) purchase, acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate the Airport for the use of airplanes, and other aircraft, and all facilities incidental to the operation of the Airport; (2) to purchase, acquire, own, hold, lease and/or operate real or personal property; (3) to acquire by purchase, lease, or otherwise and to hold lands for the purpose of constructing, maintaining or operating the Airport and to make contracts and lease agreements, to charge and collect fees, royalties, rents; (4) to make rules and regulations as necessary for the proper maintenance, use, operation and control of the airport or airport facilities owned, leased, or controlled by the Authority; (5) to provide penalties for violation of such rules and regulations; (6) to sell, lease, or dispose of any property, real or personal, belonging to the Airport Authority with sale of real property requiring approval of the County Commissioners; (7) to purchase insurance; (8) to deposit or invest and reinvest funds; and (9) to operate, own, lease, control, regulate, or grant to others the right to operate a business on the Airport premises, and to issue revenue bonds. The Airport Authority shall make an annual report to the Board of Commissioners setting forth in detail the operations and transactions conducted by it. The Airport Authority employs persons whose services may be deemed necessary by the Airport Authority. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Wanda M. Copley 6/19/23 6/30/27 2328 Lynnwood Drive Wilmington, NC 28403 910-352-6838 (C) LeAnn Pierce, County Commissioner First 1/9/23 Undesignated 230 Government Center Drive, Suite 175 Wilmington, NC 28403 910-798-7148 (NHC) Board of Commissioners - August 21, 2023 ITEM: 12- 1 - 1 NEW HANOVER COUNTY AIRPORT AUTHORITY PAGE 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Nick Rhodes, Vice -Chair First 6/15/20 6/30/24 1005 Deepwood Place Wilmington, NC 28405 910-352-3225 (C) 910-256-0281 (H) Faison Gibson Sutton First 6/20/22 6/30/26 Murchison, Taylor & Gibson PLLC 1979 Eastwood Road, Suite 101 Wilmington, NC 28403 910-232-2037 (C) 910-763-2426 (W) 910-763-6561 (F) Frank Spruill Thompson, Chair First 6/18/18 6/30/22 1051 Military Cutoff, Suite 200 Second 6/20/22 6/30/26 Wilmington, NC 28405 910-431-8280 (C) Jason Thompson First 6/22/21 6/30/25 606 Sunnyvale Drive Wilmington, NC 28412 910-793-1460 W. Lee Williams First 6/19/17 6/30/21 2114 South Canterbury Road Second 6/22/21 6/30/25 Wilmington, NC 28403 910-343-9530 (H) 910-616-1531 (C) 910-796-1647 (W) Airport Director: Jeffrey Bourk Director Wilmington International Airport 1740 Airport Boulevard, Ste. 12 File: /Airport Wilmington, NC 28405 B/C # 06/2023 910-341-4333 (Ext 1000) (FAX 910-341-4365) Board of Commissioners - August 21, 2023 ITEM: 12- 1 - 2 ILM Annual Update Annual Report Presentation • Landside/Airside - New Ground Leases • Air Service Update • Financial Update • Five -Year Capital Plan - Progress Board of Commissioners - August 21, 2023 ILM ITEM: 12-2-2 WILMINGTON INTERNATIONAL AIRPORT ILM Annual Update Landside/Airside -New Ground Leases Wilmington International Airport 1. CIL —Ground Lease 2. CIL 2 —Ground Lease 3. CIL 3 —Ground Lease 4. Hotel —Ground Lease 5. 84 Lumber —Ground Lease 6. GA Hangars - Westside 7. GA Hangar/Training Facility — Eastside 8. Auto Auction 9. Carwash or Bank 10. Entertainment Complex Board of Com issioners - August 21, 2023 ILM ITEM: 12-2-4 WILMINGTON INTERNATIONAL AIRPORT Active Projects Update �r Entertainm entComplex lk<. -- yi CIL Capital ILM 0 - p--1 1 _TJ-- Ir-J T i 1- J] T o Ir:J 1 -1 S J T J.1 111 1 1=-1 -1 J 1 � I I T,. ILM Airport Hotel Partners, LLC/Crowne Plaza won IsU Board of Commissioners - August 21, 2023 CaIPWR!AOCoastal Aviation WILMINGTON INTERNATIONAL AIRPORT Ff'I LM Board OT Commissioners - August 21, 2023 IT I LM ITEM: 12- 2 - 7 WILMINGTON INTERNATIONAL AIRPORT Upscale Car Wash or Bank ILM *F" 2.7 Acre Parcel at $0.85/SF Board of Commissioners - August 21, 2023 ITEM: 12- 2 - 8 Golf Facility or other Entertainment Complex WILMINGTON INTERNATIONAL AIRPORT a 0 z a W H U W X W N a 0 Z Q AMENITIES EXECUTIVE HANGAR UNITS VEHICULAR GARAGE DOOR PRIVATE RESTROOM PERSONAL IOTCHENE rTc/BAR AREA TV/LOUNGE AREA " Bsard of Commissioners - August 21, 2023 � I LM ITEM: 12- 2 - 9 WILMINGTON INTERNATIONAL AIRPORT y Port City Java � BREWING � COMPANY Flying Machine Brewing Co Boar of Commissioners - August 21, 2023 L M ITEM: 12- 2 - 10 �s 4b Dunkin' & Jimmy Johns New Retail Convenience Center WILMINGTON INTERNATIONAL AIRPORT l4 Lil 0 1 k, I ,I I " �=SU � �omrpissionertts - August 21, 20SIOREFRONT VIEW DUNKIN ]OHN'S ��A�12- 11 WILMINGTON INTERNATIONAL AIRPORT FOOD AND BEVERAGE CONCESSIONS PROGRAM Prepared By. SIL-IOU=TT DESIGN ARCHITECTURE ILM Annual Update Marketing and Air Service Wilmington International Airport 26,A6U 24,732 18,815 14,072 AIRLINES Source: LA9 RTCT �ILM ■ FY20 ■ FY21 O FY22 u FY23 50,129 45,651 41,321 34,354 13,551 12,57d 11,134 9,974 q m, io GENERAL AVIATION Board of Commissioners - August 21, 2023 ITEM: 12- 2 - 13 MILITARY 8b,563 82,957 73,944 64,303 0 TOTAL WILMINGTON INTERNATIONAL AIRPORT Jul'23 7L415 Sww 10000 �2019 t2020 3 �2021 �2022 t2023 2019 - 2023 MN fE8 MAR APR MAY IRN JUL AUG SEP OCT NOV DEC Source: Airline Passenger Statistics; ILM Airline Station Managers Board of Commissioners - August 21, 2023 ��I LM ITEM: 12- 2 - 14 WILMINGTON INTERNATIONAL AIRPORT 199 19 120 19 Thousands of total seats [inbound and outbound] 2019 ■ 2020 ■ 2021 ■ 2022 ■ 2023 193 19 141 138 L34 134 a 117 116 318 111 19 JUL 4Ur 5EP OCT S..— DnaMi; Aileron P.dfic Aviation Ca ftmg ana 1pm Board of Commissioners - August 21, 2023 �I LM ITEM: 12- 2 - 15 v 19 NOV DEC WILMINGTON INTERNATIONAL AIRPORT JANUARY-SEPTEMBER 2023 SEAT CAPACITY GROWTH AT NORTH CAROLINA'S AIRPORTS Percent growth versus some period in 2022 18% 147 5tr6 127 -3% Other NC CLT Overall NC G50 AV_ Source: DiioMi; Ailevon Pacific Aviation Consulting analysis 32% 23% RDU ILM Board of Commissioners - August 21, 2023 � I LM ITEM: 12 2 16 WILMINGTON INTERNATIONAL AIRPORT JANUARY-SEPTEMBER 2023 SEAT CAPACITY GROWTH AT UNITED STATES AIRPORTS Percent growth versus same period in 2022 120% 100% 80% 60% 40% 20% 0% -20% -40% Note: Includes all U.S. airports with more than 500,000 departing seats between January &September2023 Source? D[IoMi; Ailevon Pacific Aviation Consulting analysis Board of Commissioners - August 21, 2023 ��I LM ITEM: 12- 2 - 17 WILMINGTON INTERNATIONAL AIRPORT Through These 18 Nonstops, Get to 400 Destinations Click to hook your trip now to/from I LM directly through our partners: SEASONAL ROUTES: Boston, Chicago/O'Hare, Bat more/Wash!rigton, Miami, Minrleapolts-SaintPaul. and West Palm Beach MInneapods-Saint Paul 6oston Chicago/O'Hare New Haven New YorkfLaGuardla Newark Philadelphia Wilmington, UEfaltiladetphia Baltim ore%Wasfi i ngton Wag hi 19to n f National Charlotte Atlanta ----Z ILM OaHaslFort Worth CdandWol o W01//) Tampa West Palm 6ea€h fort Lauderdale Miaml --* Ameritan --0 Avelo Amuritan & delta Delta --* Sun Country --a United • Delta to Boston, MA (BOS) May 27t" - Seasonal • Delta to Minneapolis/St. Paul, MN (MSP) July 15-30t" -Seasonal • Sun Country to Minneapolis/St. Paul, MN (MSP) June 1st - Seasonal • Avelo to West Palm Beach, FL (PBI) June 22nd -Seasonal • Avelo to Wilmington, DE (ILG) June 22nd • Avelo to Tampa, FL (TPA) June 23rd • American to Miami, FL (MIA) November 11 t" Board of Commissioners - August 21, 2023 L M ITEM: 12- 2 - 19 WILMINGTON INTERNATIONAL AIRPORT Board of Commissioners - August 21, 2023 ITEM: 12- 2 - 20 139550 JOBS SUPPORTED aZT-2 $823 MILLION IN PERSONAL INCOME J $2mS BILLION ECONOMIC IMPACT $TTT $1 13 MILLION IN TAX REVENUE 29 289,800 POPULATION WITHIN 30 MINUTES OF AIRPORT Data provided by the NC Department of Transportation Division of Aviation, January 2023 State of Aviation Report Board of Commissioners - August 21, 2023 ITEM: 12- 2 - 21 WILMINGTON INTERNATIONAL AIRPORT 35,000,000 30,000,000 25,000,000 20.000.000 15,000,000 10,000,000 5,000,000 15,997,502 FY23 Budget vs Actual 12,218,920 11,928,6U0 10,860,739 26, 466, 466 32,826,500 Operating Revenue Operating Expense Capital Expenditures ■ Act_ial Budget Board of Commissioners - August 21, 2023 ��I LM ITEM: 12- 2 - 22 WILMINGTON INTERNATIONAL AIRPORT Inflows Outflows Operating revenue $16 Operating expenses $14 Other financing sources 22 Capital expenditures 24 Total inflows 38 Total outflows 38 ILM Board of Commissioners - August 21, 2023 ITEM: 12- 2 - 23 WILMINGTON INTERNATIONAL AIRPORT ILM Annual Update Five -Year Capital Plan Wilmington International Airport Five -Year $165 mm Capital Plan N, z AL�l a y. Planning and Airfield Infrastructure Parking Improvements i. v Part 150 Noise Study Airport Boulevard \ Improvements Parking Deck � y � Airport Master Plan ? Terminal Curb Front C i a Improvements General Aviation { f ?, Airli eTerminalExpansion Apron and Taxiway ` M ' and Improvements a Runway and Taxiway �q irk 71 ,$' ..-ll wo. 3'.h I t iftVvA 16 eu, Aftkt' ILM . MMA101, 0 lEA 4 IF ;00,% Al (-7N missionars'- August 21, A ITEM: 12- 2 - 26 WILMINGTON INTERNATIONAL AIRPORT Rehabilitate Runway 6-24 and Blast Pads (start late 2024) af, hL V - Relocate Taxiway B — Start 2025/2026 ,I HE.1F.Lii't.TeF91XMIDTFAIWIMP v ILM ica nA�l A 'r... a _ . .............. . X. a',Board of Commissioners - August 21, 2023 \ ITEM: 12- 2 - 29 WILMINGTON INTERNATIONAL AIRPORT CFR Part 150 Noise Compatibility Study Process (spring 2024) 77:. Inventory ' Land Use Alternatives rking Project _ Initiation — Noise Revised Noise Aircraft Noise Compatibility Compatibility Program Program Noise Abatement Computerized Noise Impacts Alternatives Deliverables AyPIW �AC PAC 0-0-0PAC PAC SSSS • • Technical • • • A; Ay PIW APIW PIW Public Conferences v Av .'.SS. iiiS SSSS .SS. , Hearing Airport FAA Airport FAA Board Approval Acceptance Approval Acceptance Committee Visioning ��I Meeting � Phase 9 Elements Inventory Forecasts Facility Requirements Draft Committee Public �Mz; Materials Meeting Workshop Phase 2 Elements Development Alternatives Draft Committee Public Materials Meeting Workshop C FINAL T REPORT Phase 3 Elements Recommended Concept Environmental Review Financial Management & Development Program Airport Layout Plan/Land Use Compatibility Draft Committee Public Materials Meeting Workshop Board of Commissioners - August 21, 2023 ��I LM ITEM: 12 2 31 WILMINGTON INTERNATIONAL AIRPORT �ILM Available grant funding Total cost of projects Five-year capital plan - additional funding requirement Reserves Discretionary grants Debt Total Curb and roads Parking Runway and taxiways Terminal expansion and future improvements Business park and aeropark improvements Part 15D noise study Master plan Total Board of Commissioners - August 21, 2023 ITEM: 12- 2 - 32 $ 105,000,000 165,000,000 $ )ryD,000,000) $ 20,000,000 30,000,000 10,000,000 $ &D,00113,000 $ 49,000,000 43,000,000 36,800,000 27,000,000 7,200,000 1,000,000 1,000,000 $ 165,00113,00 WILMINGTON INTERNATIONAL AIRPORT ILA :�aEMy,w )ve -4-- w vir 4;016K le, 0MffiU-rc-! A' /Vew IT19 90 NEW & ONY ILM SHORT DRIVE TO THE AIRPORT rr�nr CLAIM A ER Board of Commissioners - August 21, 2023 LM ITEM: 12- 2 - 33 WILMINGTON INTERNATIONAL AIRPORT NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Governing PRESENTER(S): Carson Porter, Wilmington Hammerheads Youth Soccer Executive Body Director CONTACT(S): Commissioner Dane Scalise, Carson Porter SU BJ ECT: nCino Sports Park Project Update BRIEF SUMMARY: At Commissioner Scalise's request, Mr. Porter is to provide an update on the nCino Sports Park project and the impact that it will have on the community. The nCino Sport Park project is to enhance and improve the current soccer park for a future multi -sport complex and located off highway 421. The Wilmington Hammerheads Youth FC will manage the complex. The project will increase the current 7 field site to 11 by adding new grass fields, a synthetic turf field, new lights, restroom facilities, necessary infrastructure and traffic improvements. When complete, it will be utilized for soccer as well as lacrosse, football, ultimate frisbee, rugby, and other sports. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear update. ATTACHMENTS: nCino Sports Park Update COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and provide feedback. COMMISSIONERS' ACTIONS: Heard presentation and provided feedback. Board of Commissioners - August 21, 2023 ITEM: 13 wluilwq' 104M."4. StarNiews nYurHq�V/�i. il/w 5F . .t.o. I' p ,,,, •----- 11 City approves massive soccer complex FN m..l I.YY aY Y.o Ylll.u�{.4 {nl LAaill 1.a.2,m10µ1J-0WL FMNIn! (.�J•V.u�l..�.�q�y IY. Ia81tir�YaY� 'nr yp..Ira7 .c.Yl lorry If apprsr+a u. .Wba l.•gaormll 4cM!{p' MIN'�,r.al.. o-+. 41rh _._llo-wo�hrnw solo ice,-n�4 ilEl.' IY� I.j Jll pYlY fIlOCII lOd d�! Iilrll In lF*4a.�I k�Y-- Wll [�1r.�Y dhi �'Jki-0G• !j'{.....Y 46� 5551.�I.11aJl lliM�IdaJ• yJY.124ff SF11(SIbC N7i'�'I'�II�'iY.w�ll..,a Ii00 jYnG WThN�Yr I'.w+'iu' r�..n r..ssaYll {IAal,.l• ral4... Y1LJ•!gr'M ra41Y1! �.�Ys�rcwll'xlln [uchr r�.l. YM+4'W.J u.� I�.IYi.�I'l�Yflsldswl glll �ra>114LLs�.�rw.. ."-_ii ilild l4doFl!• wll .. ln.�lf I r.,r iacwnilr r. as} Jwals7wlrJ: vlE Ydd q�+. arw n. �Y. it ..�. 4n�dmo.JVL �IrI¢ F-,r-lllr Ihn. .� .+Irr� 4.1a.. ',.�Y.�xol.r4 fis'lua R�r.Y1l .{.r'. I.MI rt lPbr Prrowr W�. li�asf hi�Y!!p. far a.r.11.l 11Y. gplar9 rPrh++�+r� {.....Il rinrl'.+l7w'I�r m!{N •.� as.. .sklaw�a vlck ll.F ry{..Jwly Yx�.loJmrad i61 evil I.'.I.Jn �l]lror�L� y;,��lY.Iursw.l6..n. ..Jl r �L IY.�_� b ♦'111■hJR llTY7i4�41� �IW^SKI NS �]IIY.. �'...'h.+. apwu�lY•]l.�Li"IGr! I,Y I.F19 iiN'Y�I ILW. tll��dPlj1f 10A' ,.,f-r.3kn ra I. l,iwaJolTaro••l.Is..1. .�p.lyd iiCCYIrJC�'L Sill. dl.r4.FtiraPr{i111 wi I.Il. ':lhlrl �r.110 hFr4-J--1-1C fv ll. ai4 ull JnJ ,..M.� 2A}Cl]il��lu..,.� WF611n rCCL Jn a I - = Board of Commissioners - August 21, 2.023 'f{ r- r a -1 EXIST INC T 1,1MRARY- y^,• TPUCTURIr n APPi*xIrt,AT£ LOCATION DF VEN7 PrFE [TYP.] ----------------- I -0IhM 8n5Yh Wwl�x wri I xLx eR ..... _ �� 8w n�iY{ix�il�w.a¢�'x�}. r �L[ff�! r �L! I - }p•4' ' !^" y s L . ��! _ F. _ 1 •ir =Ahit .' � ui4ii:�iR $,T.4..M 1 t 1 1 y CAPE FEAR RE4310MALATHLETWOOMPLEX -■ �fl�Ait r _C. E I �I_Z ONDITIONS:OPPORTUNITIES+CONSTRAINTS Board of Commissioners - Au us hlc-Al�Akii g 1LMINGFON.IJORTHCAR0UFiA I 09.11,2014 I R07 ITFKA• 1IL 1 - 9 arwik+}.y_LhA P4/LR ih48' ' ti - c� i NOTES i h.ba.■ul■ha. coarP�c.�tl.tl t'f FNwlr�wvw lb.nlr 1 aM tauntllA' u�•tl P'!a' Ws tlVwbpn•arA W E011■h'f1[bM 4'Y'nY!(r5. #. 16�1ILbro 81 IrdM�.w�l �ryra a+o gaWn.hrj .rA w� � ISr�J +4 W4 M aai41.�4a� #a4 GS'.O�^#FV` rxh •+.■■Lai darn #. Tnx 41I46+P.+o+[+4iN Sv #r.r.{[a+4Y1lL4 ASr oY wanl!■lo, a -Id � ail` --ta .ne Donor nquramlrb Frw [a.�� lccab.a raa• .ucha1k�plxsrw ..=hbor.iwltK4 *}]Y{W hd4G�s.r hbJpY-fa +'6� fulxa r� ga■ar. an irxt a'�4aci •� TOTAL AGERAGE; 65,47 AC TDTAL 9' XI STING 1=1 ELDS= `} LEGEND EXISTING VEHICULAR GIRCVLPTWN PROPERTY LINE t EXISFING FIELD APPR-MGMATE LOCATION OF VENT PIF'E:% ® N SITE PLAN MorEs � rti ec�sl�arlrP.b��M.Y�►Ma1b�rlM• 1 Joh—. rsl�Iri dsd I -by�Y•y..M Mw++w.w��M� ro a ■y�rrro• rrr 1lrrrr. rr�oary'� a� s. ��� .�.. w.,r4..rr.rw.rx•�..n a.w. rr, am r tw al�.+n...�r�w..r..a�r•.c. uv.s.a • "" a,rrr�.� a.a :<r,. rrara raw r�rrlNr+nr p.[aa4.r�� ..-sr� d rwyw apr�wyy wM M +IRf. a r+• 7L _ -_-rlrrf.rrr arr tirraar r���r rwa�wc�.o�ar�w. bawd _ • M0pY1y •rutiYl� •!i Jor+V ra..a.�w aeow� d ' h.w Mro—MGow+. _ . .�rw�.s T�+19PrNw904wr �.eM�.a 'ORA �. iw �tyyc A +� TOTAL FIELDS: 11 • TOTAL PARKING: *520 SPACES LEGEND � - PIiO�E.�T• .r+E �'' 4 sp�crl 3'• PAO COwo fUW RELOM PODWAKD SY9THETC PELDIBI _ PEKE zMbbl CIND61 /,TION rr� �ac� =� yw • E.16T Mi aET11AME VENT r� ■ P116='Cf*ED FELD LID4-T Yj !' SPPPV*NATf LCCAL104 OF LANDFILL Jill MYOF VALM040TO04 RMKMAL SFORTS COMF -Ex 'i; 1 � : ,, SggeDisi� � MASTM SITE PLAN ..]RT-H CARDUKA I 06.OS2029 I PD1 Board of Commissioners - August 21, 2023 ITEM: 13- 1 - 3 X LL! IL Z i p O U CL Y dot.: =ter OZt, C FCC c^. u15 3 It-' The Numbers: • 30 Weeks of Practice _ • 10 Weekends of Tournaments • 30 Weekends of Regular season Games 0 • 50,000 local visitors • 60,000 Tournament participants • 30,000 regular season participants 140,000 Visitors annual IDAR" S nCino Sports Park Website Link L$5P NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director; Tara Duckworth, Parks & Gardens Director CONTACT(S): Rebekah Roth, Tara Duckworth SU BJ ECT: Consideration of a Request to Submit Bicycle and Pedestrian Projects for NCDOT Funding Prioritization BRIEF SUMMARY: County staff have been working with North Carolina Department of Transportation (NCDOT) planning staff to identify bicycle and pedestrian projects for an upcoming NCDOT funding opportunity based on the bicycle and pedestrian trail working plan developed for the 1/4 Cent Sales Tax ballot measure last year. Funding would be allocated through the next round of the NCDOT's State Transportation Improvement Program, the 10-year capital improvement plan that determines the programming of transportation projects across the state. The County would be responsible for a 20% match at the time of project design, but funding allocations would be determined several years in advance, so if funding were awarded, the County would be able to budget accordingly. In addition, NCDOT would manage and construct the trail projects, so County staff time and resources would be minimal. Like the Wilmington Metropolitan Planning Organization (WMPO), NCDOT Division 3 is able to submit an allotted number of bicycle and pedestrian projects for prioritization on behalf of member jurisdictions. Unlike the projects allocated for WMPO submittal, these projects do not have to be included in the fiscally constrained portion of the current Metropolitan Transportation Plan (MTP), the WMPO's long range planning document. They must, however, be included in an adopted plan, so any projects submitted on behalf of New Hanover County would need to be included in the City of Wilmington - New Hanover County Greenway Master Plan. Staff is requesting authorization to continue working with NCDOT to determine the most competitive projects from those shown on the attached map and to allow for their submittal for funding prioritization, with the understanding that if funded the 20% match would be required at the time of project design. These projects would be in addition to existing Parks & Gardens trail projects included in the CIP and Planning staff's requests for public easements along Carolina Beach Road during the conditional rezoning process to accommodate the proposed bicycle and pedestrian trails. Projects currently being considered for submittal include: - A multi -use trail along Piner Rd. and Masonboro Loop Rd. from the Monkey Junction intersection to the intersection of Masonboro Loop Rd. / Masonboro Sound Rd. This project would connect the end of the City of Wilmington's planned Masonboro Loop Rd. trail to the County's planned S. College Rd. trail. - A multi -use trail along Carolina Beach Rd. from the Monkey Junction intersection to the intersection at Antoinette Dr. This project would connect the end of the planned S. College Rd. trail to the multi -use trail being constructed by NCDOT from the Antoinette Dr. intersection to the Willoughby Park Ct. intersection. - A multi -use trail along Carolina Beach Rd. from the Willoughby Park Ct. intersection to the intersection of George Board of Commissioners - August 21, 2023 ITEM: 14 Anderson Drive. This project would connect the planned S. College Rd. trail to the City's planned Carolina Beach Rd. trail. - A multi -use trail along S. Carolina Beach Rd. from Sanders Rd. to the intersection with Halyburton Parkway. This project would connect to the planned S. College Rd. trail via bicycle and pedestrian improvement elements included in the Monkey Junction intersection project. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ I ncrease connectivity of residents to each other and their investment to New Hanover County RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve request to develop and submit bicycle and pedestrian projects for NCDOT funding prioritization, with the understanding that if funded, the County would be expected to contribute a 20% funding match at the time of project design. ATTACHMENTS: Parks & Gardens Trail Priorities Map Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 21, 2023 ITEM: 14 14 D n �qm OF NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Public Hearing on Proposed $57,000,000 Financing of Improvement Projects and Consideration to Adopt the Approving Resolution BRIEF SUMMARY: At a regular meeting of the Board of Commissioners on August 7, 2023, the Board adopted the 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. The Board determined that it is in the best interest of the County to enter into an installment financing contract to pay 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"). A public hearing must be held concerning the Installment Financing Contract, the proposed 2023A Projects, and any other transactions contemplated therein and associated therewith. An approving resolution must also be adopted, which among other things authorizes the Official Statement and the Installment Financing Contract, which drafts are included in this agenda item. It also authorizes the Chair, the County Manager, and the Chief Financial Officer to act as the County's representatives on this transaction. The issuance of this debt maintains compliance with the New Hanover Debt Management Policy. The county has asked for The Local Government Commission (LGC) to consider this debt approval at its September 12, 2023 meeting. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold public hearing and adopt the resolution. ATTACHMENTS: Board of Commissioners - August 21, 2023 ITEM: 15 Script Resolution of the Board Installment Financing Installment Financing Contract COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend conduct public hearing and adopt the resolution. COMMISSIONERS' ACTIONS: Held public hearing and adopted resolution 5-0. Board of Commissioners - August 21, 2023 ITEM: 15 August 21, 2023 Script for Public Hearing on Proposed $57,000,000 Financing of Improvement Projects and Consideration to Adopt the Approving Resolution Chair states: On August 7, 2023, the Board of County Commissioners adopted a 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. The Board determined that it is in the best interest of the County to enter into an installment financing contract to pay 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. The Board must now conduct a public hearing concerning the Installment Financing Contract and the proposed 2023A Projects and any other transactions contemplated therein and associated therewith. Chair states: Is there a motion to open the public hearing? Ile Second: Vote: Chair states: The public hearing is now open for comments. Hear comments Chair states: Is there a motion to close the public hearing and adopt the Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Approving an Installment Financing Contract and Delivery Thereof and Providing for Certain Other Related Matters? 1/94Oi Second: Vote: Board of Commissioners - August 21, 2023 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS 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 Board has previously determined that it is in the best interest of the County to (1) enter into an Installment Financing Contract (the "Contract") with the New Hanover County Financing Corporation to pay 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") and (2) enter 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 Limited Obligation Bonds, Series 2023A (the "2023A 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), under the terms of the Indenture of Trust between the Corporation and U.S. Bank Trust Company, National Association, as trustee; 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 the delivery date thereof (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 and are available upon request of the Chief Financial Officer of the County, which the Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing: the Contract; PPAB 9735885v2 (1) the Indenture (2) the Deed of Trust; (3) the Letter of Representation; il Board of Commissioners - August 21, 2023 ITEM: 15- 2 - 1 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 Contract, Deed of Trust and the 2023A 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 North Carolina Local Government Commission (the "LGC") for approval of the Contract; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel, will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Instruments. All actions of the County, the Chair of the Board (the "Chair"), 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 contemplated by the Instruments. Section 2. Authorization of the Official Statement. 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 the Bonds 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 Execute the Contract. The County hereby approves the financing of the 2023A Projects in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Contract 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 Contract, including necessary counterparts, in substantially the form 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 from the form and content of the Contract presented to the Board. From and after the execution and delivery of the Contract, 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 PPAB 9735885v2 5 Board of Commissioners - August 21, 2023 ITEM: 15- 2 - 2 execute all such documents as may be necessary to carry out and comply with the provisions of the Contract as executed. Section 4. Authorization to Execute the Deed of Trust. The County approves the form and content of the Deed of Trust, and the Deed of Trust is in all respects authorized, approved and confirmed. 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 Deed of Trust, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they deem necessary, desirable or appropriate. Execution by the Chair, the Clerk or the County Manager or their respective designees, individually or collectively, constitutes conclusive evidence of the County's approval of any and all such changes, modifications, additions or deletions therein from the form and content of the Deed of Trust presented to the Board, and from and after the execution and delivery of the Deed of Trust, the Chair, the Clerk, the County Manager and the Chief Financial Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed of Trust as executed. Section 5. 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 6. 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 2023A Projects in accordance with the Instruments and the Preliminary Official Statement and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The County Manager and the Chief Financial Officer are hereby authorized, individually and collectively, to select a co -managing underwriter for the Bonds if they determine such selection to be in the best interests of the County. The County's representatives or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate to consummate the transactions contemplated by the Instruments and the Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution and to administer the transactions contemplated by this Resolution after the execution and delivery of the Bonds. Section 7. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 8. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 9. Effective Date. This Resolution is effective on the date of its adoption. PPAB 9735885v2 Read, approved and adopted this 21 st day of August, 2023. 0 Board of Commissioners - August 21, 2023 ITEM: 15- 2 - 3 Clerk to the Board APPROVED AS TO FORM: County Attorney PPAB 9735885v2 ISM Chair of the Board of Commissioners Board of Commissioners - August 21, 2023 ITEM: 15- 2 - 4 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 titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of New Hanover, North Carolina in regular session convened on the 21 st day of August, 2023, as recorded in the minutes of the Board of Commissioners of the County of New Hanover, North Carolina. WITNESS, my hand and the seal of the County of New Hanover, North Carolina, this the _ day of August, 2023. (SEAL) Kym Crowell, Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - August 21, 2023 ITEM: 15- 2 - 5 INSTALLMENT FINANCING CONTRACT between NEW HANOVER COUNTY FINANCING CORPORATION and COUNTY OF NEW HANOVER, NORTH CAROLINA Dated as of November 1, 2023 9 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 1 INSTALLMENT FINANCING CONTRACT TABLE OF CONTENTS Page ARTICLEI DEFINITIONS........................................................................................................................... 2 ARTICLE II ADVANCE OF PURCHASE PRICE........................................................................................... 4 ARTICLE III INSTALLMENT PAYMENTS; ADDITIONAL PAYMENTS; SECURITY ................................... 5 Section 3.1 Amounts and Times of Installment Payments and Additional Payments.............................................................................................................. 5 Section3.2 Place of Payments..................................................................................................... 5 Section3.3 Late Charges............................................................................................................. 5 Section3.4 No Abatement........................................................................................................... 5 Section 3.5 Prepayment of Purchase Price................................................................................... 5 ARTICLE IV ACQUISITION AND CONSTRUCTION................................................................................... 6 Section 4.1 Acquisition and Construction Fund.......................................................................... 6 Section4.2 Disbursements........................................................................................................... 6 Section4.3 Termination............................................................................................................... 6 Section 4.4 Reliance of Trustee on Documents........................................................................... 6 Section 4.5 Discretion of the Trustee to File Civil Action in the Event of Dispute................................................................................................................. 6 Section 4.6 Consultation with Counsel........................................................................................ 6 Section 4.7 Compensation of Trustee.......................................................................................... 6 Section4.8 Construction.............................................................................................................. 7 Section 4.9 Right of Entry and Inspection................................................................................... 7 Section 4.10 Completion of Construction...................................................................................... 7 Section 4.11 Payment and Performance Bonds............................................................................. 7 Section 4.12 Contractor's General Liability and Property Damage Insurance .............................. 7 Section 4.13 Contractor's Builder's Risk Completed Value Insurance ......................................... 8 Section 4.14 Contractor's Worker's Compensation Insurance...................................................... 8 Section 4.15 Filing With the Trustee............................................................................................. 8 ARTICLE V RESPONSIBILITIES OF THE COUNTY.................................................................................... 9 Section5.1 Care and Use............................................................................................................. 9 Section5.2 Inspection.................................................................................................................. 9 Section5.3 Utilities...................................................................................................................... 9 Section5.4 Taxes......................................................................................................................... 9 Section5.5 Title Insurance........................................................................................................... 9 Section5.6 Risk of Loss............................................................................................................ 10 Section 5.7 Performance by the Trustee of the County's Responsibilities ................................ 10 Section 5.8 Financial Statements............................................................................................... 10 Section 5.9 Property Insurance.................................................................................................. 10 ARTICLEVI TITLE; LIENS.....................................................................................................................12 Section6.1 Title......................................................................................................................... 12 Section6.2 Liens........................................................................................................................ 12 i Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 2 Page ARTICLE VII DAMAGE, DESTRUCTION AND LOSS OR THEFT OF MORTGAGED PROPERTY; NET PROCEEDS............................................................................................................... 13 Section 7.1 Damage, Destruction or Condemnation.................................................................. 13 Section 7.2 Obligation of the County to Repair and Replace the Mortgaged Property.............................................................................................................. 13 Section 7.3 Discharge of the Obligation of the County to Repair the Mortgaged Property.............................................................................................................. 13 Section 7.4 Cooperation of the Corporation.............................................................................. 14 ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE COUNTY AND THE CORPORATION..................................................................................................................... 15 Section 8.1 Representations, Warranties and Covenants of the County .................................... 15 Section 8.2 Warranties and Representations of the Corporation ............................................... 19 ARTICLE IX TAX COVENANTS AND REPRESENTATIONS...................................................................... 20 ARTICLEX INDEMNIFICATION.............................................................................................................. 21 ARTICLE XI DISCLAIMER OF WARRANTIES......................................................................................... 22 ARTICLE XII DEFAULT AND REMEDIES................................................................................................ 23 Section 12.1 Definition of Event of Default................................................................................ 23 Section 12.2 Remedies on Default............................................................................................... 23 Section12.3 Further Remedies.................................................................................................... 24 ARTICLE XIII ASSIGNMENT.................................................................................................................. 25 Section 13.1 Assignment by the County...................................................................................... 25 Section 13.2 Assignment by the Corporation.............................................................................. 25 ARTICLE XIV LIMITED OBLIGATION OF THE COUNTY....................................................................... 26 ARTICLE XV JOINDER BY THE TRUSTEE.............................................................................................. 27 ARTICLEXVI MISCELLANEOUS............................................................................................................ 28 Section16.1 Waiver.....................................................................................................................28 Section 16.2 County's Acceptance of Rights and Responsibilities Under the Indenture............................................................................................................ 28 Section16.3 Severability............................................................................................................. 28 Section16.4 Governing Law....................................................................................................... 28 Section16.5 Notices.................................................................................................................... 28 Section16.6 Section Headings..................................................................................................... 28 Section 16.7 Entire Contract........................................................................................................ 29 Section16.8 Binding Effect.........................................................................................................29 Section16.9 Time........................................................................................................................ 29 Section16.10 Payments................................................................................................................. 29 Section 16.11 Covenants of County, Corporation or LGC not Covenants of Officials Individually......................................................................................... 29 Section 16.12 Amounts Remaining in Funds................................................................................. 29 Section 16.13 Amendments to this Contract.................................................................................. 29 Section 16.14 Execution in Counterparts; Electronic Signature .................................................... 29 INSTALLMENT PAYMENT SCHEDULE - 2023A Bonds................................................PS-1 11 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 3 Page EXHIBIT A FORM OF REQUISITION...................................................................................... A-1 111 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 4 INSTALLMENT FINANCING CONTRACT THIS INSTALLMENT FINANCING CONTRACT, dated as of November 1, 2023 (this "Contract"), is between the NEW HANOVER COUNTY FINANCING CORPORATION (the "Corporation"), a nonprofit corporation duly created, existing and in good standing under the laws of the State of North Carolina (the "State"), and the COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County"), a political subdivision validly existing under the Constitution, statutes and laws of the State. WITNESSETH: WHEREAS, the County is a validly existing political subdivision, organized under and by virtue of the Constitution and laws of the State; WHEREAS, the County has the power, pursuant to Section 160A-20 of 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 (the "Board") has previously determined, and hereby further 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") and (2) pay the costs related to the execution and delivery of the Contract; WHEREAS, to obtain funds to finance the 2023A Projects, the County has entered into this Contract with the Corporation under which it will make Installment Payments and Additional Payments (as such terms are defined below) in consideration thereof; WHEREAS, there will be executed and delivered pursuant to an Indenture of Trust dated as of November 1, 2023 (the "Indenture") between the Corporation and U.S. Bank Trust Company, National Association, as trustee (the "Trustee"), Limited Obligation Bonds (County of New Hanover, North Carolina), Series 2023A (the "2023A Bonds"), evidencing proportionate undivided interests in rights to receive certain Revenues (as defined below) under this Contract; WHEREAS, pursuant to the Indenture, the Corporation has assigned the Trust Estate (as defined in the Indenture) to the Trustee; WHEREAS, the 2023A Bonds evidence proportionate undivided interests in the rights to receive certain Revenues and shall be payable solely from the sources provided in the Indenture; WHEREAS, the execution, performance and delivery of this Contract have been authorized, approved and directed by the Board by a resolution passed and adopted by the Board on August 7, 2023; WHEREAS, the execution, delivery and performance of this Contract by the Corporation, and the assignment by the Corporation to the Trustee, pursuant to the Indenture, of the Trust Estate, have been authorized, approved and directed by all necessary and appropriate action of the Corporation; WHEREAS, the obligation of the County to make Installment Payments and Additional Payments shall not constitute a general obligation or other indebtedness of the County within the meaning of the Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 5 Constitution of the State; and shall not constitute a direct or indirect pledge of the faith and credit or taxing power of the County within the meaning of the Constitution of the State; WHEREAS, to secure further the obligation of the County hereunder, the County has entered into a Deed of Trust, Security Agreement and Fixture Filing dated as of November 1, 2023 (the "Deed of Trust") with the deed of trust trustee named therein for the benefit of the Corporation and its assignee; and WHEREAS, no deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under this Contract, 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 this Contract; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS All words and phrases defined in Article I of the Indenture have the same meaning in this Contract. In addition, the following terms have the meanings specified below unless the context clearly requires otherwise: "Additional Payments" means the reasonable and customary expenses and fees (including, but not limited to, attorneys' fees, costs and expenses) of the Trustee and the Corporation, any expenses of the Corporation in defending an action or proceeding in connection with this Contract or the Indenture and any taxes or any other expenses, including, but not limited to, licenses, permits, state and local income, sales and use or ownership taxes or property taxes which the County or the Corporation is expressly required to pay as a result of this Contract (together with interest that may accrue thereon if the County fails to pay the same). "Code" means the Internal Revenue Code of 1986, as amended, and the rulings and regulations (including temporary and proposed regulations) promulgated thereunder, or any successor statute thereto. "Corporation" means the New Hanover County Financing Corporation or any successor thereto. "County" means the County of New Hanover, North Carolina or any successor to its functions. "County Representative" means (1) the County Manager, Chair of the Board, or the Chief Financial Officer of the County, or the person or persons at the time designated to act on behalf of the County for the purpose of performing any act under this Contract by a written certificate furnished to the Trustee and the Corporation containing the specimen signatures of such person or persons and signed on behalf of the County by the County Manager, Chair of the Board, or the Chief Financial Officer of the County, or (2) if any or all of the County's rights and obligations are assigned hereunder, the person or persons at the time designated to act on behalf of the County and the assignee by a written certificate similarly furnished and of the same tenor. "Deed of Trust" means the Deed of Trust, Security Agreement and Fixture Filing dated as of November 1, 2023 from the County to the deed of trust trustee named therein for the benefit of the Corporation or its assignees, as the same may be modified or extended in accordance with its terms. All of the terms, definitions, conditions and covenants of the Deed of Trust are incorporated herein by reference and are made a part of this Contract as if fully set forth herein. 2 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 6 "Fiscal Year" means a twelve-month period commencing on the first day of July of any year and ending on the 30th day of June of the succeeding year, or such other twelve-month period which may subsequently be adopted as the Fiscal Year of the County. "Indenture" means the Indenture of Trust dated as of November 1, 2023 between the Corporation and the Trustee, as amended or supplemented from time to time, pursuant to which the Bonds are executed and delivered. "Installment Payments" means those payments made by the County to the Corporation as described in Article III and in the Payment Schedule attached hereto. "LGC" means the Local Government Commission of North Carolina. "Mortgaged Property" means the property subject to the lien and security interest created by the Deed of Trust, as more particularly described therein. "Net Proceeds" means, when used with respect to any (1) proceeds from policies of insurance which are payable to the Corporation or the Trustee with respect to the Mortgaged Property, (2) proceeds from any payment and performance bond maintained pursuant to Section 4.11 herein, (3) proceeds of any condemnation award arising out of the condemnation of all or any portion of the Mortgaged Property or (4) proceeds from any sale or lease of the Mortgaged Property pursuant to the Deed of Trust or otherwise subsequent to an Event of Default, the amount remaining after deducting from the gross proceeds thereof all expenses (including, without limitation, attorneys' fees, costs and expenses) incurred in the collection of such proceeds. "Payment Schedule" means the document attached hereto and incorporated herein by reference, which sets forth the County's Installment Payments. "Projects" means, initially, the 2023A Projects, as the term "Projects" may be amended in connection with any other project financed or refinanced with the proceeds of Additional Bonds executed and delivered under Section 2.11 of the Indenture. "Purchase Price" means the amount of $[AMOUNT] advanced by the Corporation to enable the County to finance the Projects, as such price may be adjusted in connection with the execution and delivery of Additional Bonds under Section 2.11 of the Indenture. "Revenues" means (a) all Net Proceeds not applied to the replacement of the Mortgaged Property; (b) all Installment Payments; and (c) all investment income on all funds and accounts created under the Indenture (other than the Rebate Fund). "State" means the State of North Carolina. "2023A Projects" means 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. [END OF ARTICLE I] 3 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 7 ARTICLE II ADVANCE OF PURCHASE PRICE The Corporation hereby makes an advance to the County of the Purchase Price, and the County hereby accepts from the Corporation the Purchase Price to be applied in accordance with the terms and conditions of this Contract. The County will use the proceeds of the Purchase Price to finance the Projects and to pay certain costs incurred in connection with the execution and delivery of the Bonds. [END OF ARTICLE II] 4 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 8 ARTICLE III INSTALLMENT PAYMENTS; ADDITIONAL PAYMENTS; SECURITY Section 3.1 Amounts and Times of Installment Payments and Additional Payments. As consideration for the Corporation's advance of the Purchase Price to the County, the County shall repay to the Trustee, as assignee of the Corporation under the Indenture, the Purchase Price in installments with interest as provided in this Contract and the Payment Schedule attached hereto (each an "Installment Payment"). Each installment shall be deemed to be an Installment Payment and shall be paid in the amounts and at the times set forth on the Payment Schedule except as provided herein. There shall be credited against the amount of Installment Payments otherwise payable hereunder amounts equal to (1) earnings derived from the investment of the Bond Fund and the Prepayment Fund and (2) any other money not constituting Installment Payments required to be deposited in the Bond Fund. Installment Payments shall be sufficient in the aggregate to repay the Purchase Price together with interest thereon. As further consideration for the Corporation's advance of the Purchase Price to the County, the County shall also pay the Additional Payments, as required herein, on a timely basis directly to the person or entity to which such Additional Payments are owed. Section 3.2 Place of Payments. The County shall make all payments required to be made to the Corporation hereunder to the Trustee at its designated office in immediately available funds or as may be otherwise directed in writing by the Trustee. Section 3.3 Late Charges. To the extent permitted by law, if the County fails to pay any Installment Payment or any other sum required to be paid to the Trustee following the due date thereof, the County shall pay a late payment charge equal to the amount of the delinquency times a per diem rate calculated at the rate(s) borne by each respective Bond. Section 3.4 No Abatement. Subject to Article XIV, there will be no abatement or reduction of the Installment Payments or Additional Payments by the County for any reason, including but not limited to, any failure by the County to appropriate funds to the payment of said Installment Payments or Additional Payments, any defense, recoupment, setoff, counterclaims or any claim (real or imaginary) arising out of or related to the Projects. The County assumes and shall bear the entire risk of loss and damage to the Projects from any cause whatsoever, it being the intention of the parties that the Installment Payments shall be made in all events unless the obligation to make such Installment Payments is terminated as otherwise provided herein. Section 3.5 Prepayment of Purchase Price. If the County has performed all of its obligations under this Contract, then it shall have the option to prepay the Purchase Price related to the 2023A Bonds on or after the date or dates permitted for the prepayment of the 2023A Bonds as set forth in Section 4.1 of the Indenture or to provide for prepayment of such Purchase Price, in full or in part, in the amount of $5,000 or any integral multiple thereof, at a prepayment price equal to the then applicable prepayment price of the 2023A Bonds, including any required prepayment premium under Section 4.1 of the Indenture, plus accrued interest to the prepayment date. If the Purchase Price is partially prepaid, then the Trustee shall recalculate the Payment Schedule as necessary in the manner required by Section 3.7 of the Indenture. [END OF ARTICLE III] 5 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 9 ARTICLE IV ACQUISITION AND CONSTRUCTION Section 4.1 Acquisition and Construction Fund. The Corporation has caused the amount set forth in Section 3.1 of the Indenture to be deposited in the Acquisition and Construction Fund. Section 4.2 Disbursements. The Trustee shall disburse money held to the credit of the Acquisition and Construction Fund in payment of the Cost of Acquisition and Construction on receipt of written requisition from the County Representative substantially in the form set forth in Exhibit A, attached hereto. The Trustee may, but shall not be required to, request such other documents or other items as the Trustee may reasonably determine to be necessary, including but not limited to construction invoices, lien waivers, inspection reports, itemization of present and prospective expenditures and a list of items necessary for completion, or as otherwise set forth in the Indenture. The Trustee shall be fully protected in disbursing amounts in accordance with any written requisition of the County Representative and the Trustee has no duty or obligation to verify the statements made therein or to inquire into the purposes for which the requested withdrawals are being made. Section 4.3 Termination. The Trustee shall terminate the Acquisition and Construction Fund, or any account therein, at the earlier of (a) the final distribution of money held in the Acquisition and Construction Fund, or any account therein, or (b) the termination of this Contract. The Trustee shall terminate any account within the Acquisition and Construction Fund upon final distribution of money held in such account. Section 4.4 Reliance of Trustee on Documents. The Trustee may act in conclusive reliance on any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Trustee is not liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder are limited to the receipt of such money, instruments or other documents received by it as the Trustee, and for the disposition of the same in accordance herewith. Section 4.5 Discretion of the Trustee to File Civil Action in the Event of Dispute. If the County and the Trustee disagree about the interpretation of this Contract, or about the rights and obligations, or the propriety of any action contemplated by the Trustee hereunder, the Trustee may, but is not required to, file an appropriate civil action in the State to resolve the disagreement. The Trustee will be indemnified, to the extent permitted by applicable law and subject to Article XIV, for all costs, including reasonable attorneys' fees, costs and expenses, in connection with such civil action and shall be fully protected in suspending all or part of its activities under this Contract until a final judgment in such action is received. Section 4.6 Consultation with Counsel. The Trustee may consult with qualified counsel of its own choice and has full and complete authorization and protection to rely on the opinion of such counsel. The Trustee is otherwise not liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its negligence or misconduct. Section 4.7 Compensation of Trustee. The County shall pay to the Trustee reasonable compensation for all services performed by the Trustee hereunder and under the Indenture and also for all reasonable expenses, charges and other disbursements and those of the Trustee's attorneys, agents and employees incurred in and about the administration and execution of the Indenture and the performance of the Trustee's powers and duties hereunder and under the Indenture, as an Additional Payment. 6 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 10 Section 4.8 Construction. The County shall comply with the provisions of Article 8 of Chapter 143 of the General Statutes of North Carolina, if applicable, in constructing the Projects. The County shall cause the Projects to be carried on expeditiously in accordance with the plans and specifications therefor, all applicable ordinances and statutes, and in accordance with the requirements of all regularly constituted authorities having jurisdiction over same. The County shall ensure that (a) the Projects do not encroach on nor overhang any easement or right of way and (b) the portions of the Projects, when erected, will be wholly within the sites of the Projects and building restriction lines, however established, and will not violate applicable use or other restrictions contained in prior conveyances or applicable protective covenants or restrictions. The County shall cause all utility lines, septic systems and streets serving the Projects to be completed in accordance with health department standards and other applicable regulations of any governmental agency having jurisdiction. The County will promptly correct or cause to be corrected any structural defect in the improvements or any departure from the plans and specifications. Section 4.9 Right of Entry and Inspection. The Corporation, the Trustee and their representatives and agents have the right to enter on the property on which the Projects are located and inspect the Projects from time to time, during and after acquisition, construction equipping, and expansion, and the County shall cause the construction manager at risk or any first -tier subcontractor, as applicable, to cooperate with the Corporation, the Trustee and their representatives and agents during such inspections. No right of inspection or approval contained herein imposes on the Corporation or the Trustee any duty or obligation whatsoever to undertake any inspection or to give any approval. Section 4.10 Completion of Construction. The County shall proceed with reasonable diligence to complete the Projects in a timely manner. On completion of the acquisition, construction, renovation and equipping, as applicable, of the Projects, a County Representative shall deliver to the Trustee a certificate of a County Representative stating the fact and date of such completion and stating that all of the Cost of Acquisition and Construction has been determined and paid (or that all of such Cost has been paid less specified claims which are subject to dispute and for which a retention in the Acquisition and Construction Fund is to be maintained in the full amount of such claims until such dispute is resolved). If, on the basis of such certificate, the accounting of the Acquisition and Construction Fund by the Trustee shows that money in the Acquisition and Construction Fund will remain unexpended for the Cost of Acquisition and Construction, then the balance shall be applied in accordance with Section 3.11 of the Indenture. Section 4.11 Payment and Performance Bonds. Any contractor or construction manager at risk, as applicable, with a contract more than fifty thousand dollars ($50,000) shall furnish to the County a performance bond and a separate labor and material payment bond as required by North Carolina General Statutes, Article 3, Chapter 44A-26 or any successor statute. Upon request, copies of such bonds shall be provided to the Trustee. To the extent permitted by law, in lieu of furnishing a performance bond and a separate labor and material payment bond, any contractor or construction manager at risk, as applicable, may furnish the County with collateral in an amount of its construction contract. The Trustee has no duty or obligation to determine the sufficiency of any such insurance or collateral. Section 4.12 Contractor's General Liability and Property Damage Insurance. To the extent commercially reasonable, each contractor, or the construction manager at risk or any first -tier subcontractor, as applicable, entering into a construction contract with the construction manager at risk, entering into a construction contract related to the Projects is required by the County to procure and maintain standard form (a) commercial general liability and property damage insurance, at its own cost and expense, during the duration of such contractor's construction contract, in the amount of at least $1,000,000 bodily injury and $1,000,000 property damage liability each occurrence, and (b) comprehensive automobile liability insurance on owned, hired and non -owned vehicles for limits not less than $1,000,000 each accident bodily injury and property damage liability. Such policies must include the County as additional named insureds, 7 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 11 and, to the extent commercially reasonable, shall include a provision prohibiting cancellation or termination without 30 days' prior notice by certified mail to the County. A certificate evidencing such coverage shall be provided to the County or, if such insurance is provided by a private carrier, a completed certificate of insurance, in form acceptable to the County, shall be provided to the County with respect to each contractor entering into a construction contract or, in the case of a construction manager at risk, the construction manager at risk or any first -tier subcontractor entering into a construction contract with the construction manager at risk. The Trustee has no duty or obligation to monitor ongoing compliance with the requirements of this Section 4.12. Section 4.13 Contractor's Builder's Risk Completed Value Insurance. To the extent commercially reasonable, the County will procure and maintain, or will require each contractor, or the construction manager at risk or any first -tier subcontractor, as applicable, entering into a construction contract with the construction manager at risk, entering into a construction contract related to the Projects to procure and maintain property insurance (builder's risk) on all acquisition, construction, equipping and expansion related to the Projects (excluding contractor's tools and equipment) at the Projects at the full and insurable value thereof. This insurance will include the interest of the County and the contractor as additional insureds; and shall insure against "all risk" subject to standard policy conditions and exclusions. Each contractor, or the construction manager at risk or any first -tier subcontractor entering into a construction contract with the construction manager at risk, shall purchase and maintain similar property insurance for portions of the work stored off the sites on which the Projects are located or in transit when such portions of the work are to be included in an application for payment. Each contractor, or the construction manager at risk or any first -tier subcontractor entering into a construction contract with the construction manager at risk, is responsible for the payment of any deductible amounts associated with this insurance. The Trustee has no duty or obligation to monitor ongoing compliance with the requirements of this Section 4.13. Section 4.14 Contractor's Worker's Compensation Insurance. Each contractor, or the construction manager at risk or any first -tier subcontractor, as applicable, entering into a construction contract with the construction manager at risk, entering into a construction contract related to the Projects is required to procure and maintain, at its own cost and expense, worker's compensation insurance during the term of its construction contract, covering its employees working thereunder. Employer's liability limits shall be obtained for at least $1,000,000. Such insurance, if issued by a private carrier, must contain a provision prohibiting cancellation or termination without 30 days' prior notice by certified mail to the County to the extent commercially reasonable. A certificate evidencing such coverage shall be provided to the County or, if such insurance is provided by a private carrier, then a completed certificate of insurance, in form acceptable to the County, shall be provided to the County with respect to each contractor entering into a construction contract or, in the case of a construction manager at risk, to the construction manager at risk or any first -tier subcontractor entering into a construction contract with the construction manager at risk. The Trustee has no duty or obligation to monitor ongoing compliance with the requirements of this Section 4.14. Section 4.15 Filing With the Trustee. The County shall provide on request of the Trustee, a certificate of a County Representative certifying compliance with Sections 4.11, 4.12, 4.13 and 4.14. In addition to this certificate, the Trustee may request at any time copies of all performance bonds and insurance contracts or approved bonds thereof, as required under Sections 4.11. 4.12, 4.13 and 4.14, to be delivered to the Trustee in a timely manner and in such form as to certify compliance with the provisions of the Sections referred to above. [END OF ARTICLE IV] 8 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 12 ARTICLE V RESPONSIBILITIES OF THE COUNTY Section 5.1 Care and Use. Subject to the provisions of applicable law and Article XIV, the County shall use the Mortgaged Property in a careful and proper manner, in compliance with all applicable laws and regulations, and, at its sole cost and expense, shall service, repair and maintain the Mortgaged Property so as to keep the Mortgaged Property in good condition, repair, appearance and working order for the purposes intended, ordinary wear and tear excepted. The County shall replace any part of the Mortgaged Property as may from time to time become worn out, unfit for use, lost, stolen, destroyed or damaged, if necessary to the proper operation of the Mortgaged Property. Any and all additions to or replacements of the Mortgaged Property and all parts thereof shall constitute accessions to the Mortgaged Property and shall be subject to all the terms and conditions of this Contract and included in the term "Mortgaged Property" and as used in this Contract. Section 5.2 Inspection. The Trustee, or its agent or representative, has the right on reasonable prior notice to the County, and subject to the reasonable direction and supervision of the County, to enter into and inspect the Mortgaged Property and observe their use during normal business hours. No right of inspection imposes on the Trustee any duty or obligation whatsoever to undertake any inspection. Section 5.3 Utilities. The County shall pay all charges for gas, water, steam, electricity, light, heat or power, telephone or other utility services furnished to or used on or in connection with the Mortgaged Property. There shall be no abatement of the Installment Payments on account of interruption of any such services. Section 5.4 Taxes. (a) The County shall pay when due any and all taxes relating to the Mortgaged Property and the County's obligations hereunder including, but not limited to, all license or registration fees, gross receipts tax, sales and use tax, if applicable, license fees, documentary stamp taxes, rental taxes, assessments, charges, ad valorem taxes, excise taxes, and all other taxes, licenses and utility charges of any type imposed on the ownership, possession or use of the Mortgaged Property by any governmental body or agency, together with any interest and penalties, other than taxes on or measured by the net income of the Corporation; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the County is obligated to pay only such installments as are required to be paid as and when the same become due. (b) The County may, at its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom; provided that before such nonpayment it furnishes the Trustee with an Opinion of Counsel to the effect that, by nonpayment of any such items, the security interest held by the Trustee in the Mortgaged Property will not be materially endangered and the Mortgaged Property will not be subject to loss or forfeiture. Otherwise, the County shall promptly pay such taxes, assessments or charges or make provisions for the payment thereof. Section 5.5 Title Insurance. The County agrees to obtain, at its own cost and expense, a policy of title insurance, in form satisfactory to the Corporation, in conjunction with the execution and delivery of this Contract, payable to the Trustee, as its interest may appear, insuring fee title of the County to the Mortgaged Property. The amount of such policy need not exceed the insurable value of the Mortgaged Property as determined by the County. 9 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 13 Section 5.6 Risk of Loss. The County shall bear all risk (1) of loss or damage to the Mortgaged Property and (2) of the condemnation of any of the Mortgaged Property or any portion thereof. Section 5.7 Performance by the Trustee of the County's Responsibilities. Any performance required of the County or any payments required to be made by the County may, but are not required to, if not timely performed or paid, be performed or paid by the Trustee, and, in that event, the Trustee shall be immediately reimbursed by the County for these payments or other performance by the Trustee, with interest thereon at a rate equal to the lesser of (i) the prime rate of the Trustee (or the Trustee's affiliated bank) or (ii) the highest amount then allowed by law, at the time the payment is made and as adjusted from time to time thereafter until so reimbursed. Section 5.8 Financial Statements. If such information is not otherwise publicly available, the County agrees that it will furnish to the Trustee at such reasonable times as the Trustee may request, current financial statements (including, without limitation, the County's annual budget as submitted or approved) and further agrees that it will permit the Trustee or its respective agent and representative to inspect the County's books and records and make extracts therefrom. The County represents and warrants to the Trustee that (1) all financial statements which have been or may be delivered or otherwise made available to the Trustee do and will fairly and accurately reflect the County's financial condition and (2) there has been no material adverse change, as of the date of execution of this Contract, in the County's financial condition from the condition as reflected in the financial statements for the Fiscal Year ended June 30, 2022. The Trustee shall have no duty to review or analyze any such financial statements it requests to be provided to it and shall hold such financial statements solely as a repository for the benefit of the bondholders. The Trustee shall not be deemed to have notice, whether or not such financial statements are publicly available, of any information contained therein or event of default which may be disclosed in any manner therein. The County further agrees that it will furnish a copy of its most recent audited financial statements to any Owner of the Bonds on written request therefor. Section 5.9 Property Insurance. The County shall continually maintain or cause to be maintained insurance to the full insurable value of the Mortgaged Property against, to the extent commercially available at a reasonable cost, loss by fire, wind damage, hazards customarily included in the term "extended coverage" with responsible and reputable insurance companies and shall promptly pay all premiums therefor when due. All insurance policies and renewals thereof shall name the Corporation and the Trustee as parties insured thereunder, as the respective interests of each of such parties may appear, and have attached thereto a mortgagee long form loss payable clause in favor of the Trustee, and provide that no such policy can lapse or be canceled, substantially modified or terminated without at least 30 days prior notice to the Trustee and that any loss payable thereunder shall be made payable and shall be applied as provided in Article VII. In the event of loss, the County shall give immediate written notice by mail to the Trustee, who may, but shall not be obligated to, make proof of loss. In the event of a foreclosure of the Deed of Trust or other transfer of title to the Mortgaged Property, all right, title and interest of the County in any insurance policies then in force shall pass to the Trustee. Additionally, during the term of this Contract, the County shall continually maintain standard liability insurance as is customarily maintained by like entities with respect to facilities similar to the Mortgaged Property. The County may provide for and maintain the insurance required under this Contract partially or wholly by means of an adequate risk retention fund. Reserves for a risk retention fund shall be determined by using actuarial principles. Any risk retention fund shall be reviewed annually by the County's risk manager or an independent insurance consultant or actuarial consultant. The Trustee shall conclusively rely on a letter of the County's risk manager or an independent insurance consultant or actuarial consultant as 10 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 14 to the adequacy of any risk retention fund. The Trustee has made no evaluation as to the sufficiency of the insurance requirements set forth herein. [END OF ARTICLE V] 11 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 15 ARTICLE VI TITLE; LIENS Section 6.1 Title. Title to the Mortgaged Property and any and all additions, repairs, replacements or modifications thereto shall be in the County from and after the date of execution and delivery of this Contract. The County shall own the Mortgaged Property free and clear of any lien or security interest created by this Contract and the Deed of Trust, as applicable, on the repayment in full of the Purchase Price and the payment of all other amounts due hereunder. The County shall deliver to the Trustee the Deed of Trust simultaneously with the execution and delivery of this Contract and shall cause the Deed of Trust to be recorded in the New Hanover County Register of Deeds. On payment in full of all of the County's obligations hereunder, including the Purchase Price and all other payments due hereunder, the Corporation or its assignee, at the County's expense and request, shall discharge the Indenture and release the lien on the Mortgaged Property, at which time this Contract will terminate. Section 6.2 Liens. The County shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, security interest, encumbrance or claim on or with respect to Mortgaged Property or any interest therein, except for (1) the lien and security interest of the Corporation and the Trustee in the Deed of Trust and as otherwise permitted therein; (2) utility, access and other easements and rights of way, restrictions and exceptions which do not interfere with or impair the intended use of the Mortgaged Property; (3) any lease permitted by Section 13.1 of this Contract; and (4) such minor defects, irregularities, encumbrances and clouds on title as normally exist with respect to property of the general character of the Mortgaged Property and as do not materially impair title to the Mortgaged Property. The County shall promptly, at its own expense, take such action as may be necessary duly to discharge any such mortgage, pledge, lien, security interest, charge, encumbrance or claim if the same shall arise at any time. The County shall reimburse the Corporation for any expense incurred by it to discharge or remove any such mortgage, pledge, lien, security interest, charge, encumbrance or claim. [END OF ARTICLE VI] 12 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 16 ARTICLE VII DAMAGE, DESTRUCTION AND LOSS OR THEFT OF MORTGAGED PROPERTY; NET PROCEEDS Section 7.1 Damage, Destruction or Condemnation. If, during the term hereof, (1) any portion of the Mortgaged Property is destroyed or damaged by fire or other casualty; (2) title to or the temporary or permanent use of any portion of the Mortgaged Property or the estate of the County or the Corporation or its assignee in any portion of the Mortgaged Property is taken under the power of eminent domain by any governmental authority; (3) a material defect in construction of any portion of the Mortgaged Property becomes apparent; or (4) title to or the use of any portion of the Mortgaged Property is lost by reason of a defect in title thereto, then the County continues to be obligated, subject to the provisions of Section 7.2, to pay the amounts specified in Section 3.1 at the respective times required and written notice of any of the foregoing shall promptly be given to the Trustee. Section 7.2 Obligation of the County to Repair and Replace the Mortgaged Property. Subject to the provisions of Section 7.3, the County shall direct the Trustee in writing to cause the Net Proceeds of any insurance policies, performance or payment bonds, if any, condemnation awards or Net Proceeds made available by reason of any occurrence described in Section 7.1, to be deposited in a separate fund held by the Trustee. Except as set forth in Section 7.3, all Net Proceeds so deposited shall be applied to the prompt repair, restoration, modification, improvement or replacement of the Mortgaged Property on receipt of requisitions approved by a County Representative stating with respect to each payment to be made: (a) the requisition number; (b) the name and address of the person, firm or corporation to whom payment is due; (c) the amount to be paid; and (d) that each obligation mentioned therein has been properly incurred, is a proper charge against the Acquisition and Construction Fund or such separate fund, and has not been the basis of any previous withdrawal and specifying in reasonable detail the nature of the obligation, accompanied by a bill or a statement of account for such obligation. The Trustee shall cooperate with the County in the administration of such separate fund and shall not unreasonably withhold its approval of requisitions under this Section 7.2. The Trustee shall be fully protected in releasing amounts approved by the County Representative and the Trustee has no duty or obligation to determine whether or not any such requisitioned amounts are appropriate. If the Net Proceeds (plus any amount withheld therefrom by reason of any deductible clause) are insufficient to pay in full the cost of any repair, restoration, modification, improvement or replacement of the Mortgaged Property, the County may complete the work and pay any cost in excess of the amount of the Net Proceeds, and the County agrees that, if by reason of any such insufficiency of the Net Proceeds, the County shall make any payments pursuant to the provisions of this Section 7.2, the County is not entitled to any reimbursement therefor from the Corporation, the Trustee or the Owners nor is the County entitled to any diminution of the amounts payable under Section 3.1. Any repair, restoration, modification, improvement or replacement paid for in whole or in part out of such Net Proceeds shall be the property of the County, subject to the Deed of Trust to the extent it relates to the Mortgaged Property, and shall be included as part of the Mortgaged Property under this Contract. Section 7.3 Discharge of the Obligation of the County to Repair the Mortgaged Property. On the occurrence of an event described in Section 7.1 with respect to the Mortgaged Property, the County may elect not to repair, restore, improve or replace the affected portion of the Mortgaged Property if (1) (a) the Net Proceeds are less than $1,000,000 and (b) a County Representative certifies to the Corporation that such Net Proceeds are not necessary to restore the affected portion of the Mortgaged Property to its intended use or (2) the County uses the Net Proceeds, together with any other available funds of the County that may be necessary, to redeem or defease all of the Outstanding Bonds in accordance with the terms of the Indenture. In such event, the County shall direct the Trustee in writing to either deposit such Net Proceeds in the Bond Fund to be applied toward the next payment of principal and interest with respect to the Bonds or in the Prepayment Fund or an escrow fund to effect the prepayment or defeasance of the Outstanding Bonds, as the case may be. 13 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 17 Within 90 days of the occurrence of an event specified in Section 7.1, the County shall commence the repair, restoration, modification, improvement or replacement of the Mortgaged Property, or shall elect, by written notice to the Trustee, to proceed under the provisions of the immediately preceding paragraph. For purposes of this Section, "commence" shall include the retention of an architect or engineer in anticipation of repair, restoration, modification, improvement or replacement of the Mortgaged Property. Section 7.4 Cooperation of the Corporation. The Corporation shall cooperate fully with the County and the Trustee in filing any proof of loss with respect to any insurance policy covering the events described in Section 7.1, and hereby assigns to the Trustee any interest it may have in such policies or rights of action for such purposes. In no event shall the Corporation or the County voluntarily settle, or consent to the settlement of, any proceeding arising out of any such insurance claim with respect to the Mortgaged Property without the written consent of the other. [END OF ARTICLE VII] 14 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 18 ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE COUNTY AND THE CORPORATION Section 8.1 Representations, Warranties and Covenants of the County. The County warrants and represents to the Corporation and to the Trustee for the benefit of the Owners (all such representations and warranties being continuing) that: (a) The County is a duly organized and validly existing political subdivision of the State and has all powers necessary to enter into the transactions contemplated by this Contract and the Deed of Trust and to carry out its obligations hereunder; (b) The County agrees that during the term of this Contract it will take no action that would adversely affect its existence as a political subdivision in good standing in the State, cause the County to be consolidated with or merge into another political subdivision of the State or permit one or more other political subdivisions of the State to consolidate with or merge into it, unless the political subdivision of the State created thereby expressly assumes in writing the County's obligations hereunder; (c) This Contract, the Deed of Trust and all other documents relating hereto and the performance of the County's obligations hereunder and thereunder have been or will be duly and validly authorized, executed and delivered by the County and approved under all laws, regulations and procedures applicable to the County and, assuming due authorization, execution and delivery thereof by the other parties thereto, constitute valid, legal and binding obligations of the County, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights generally and such principles of equity as a court having jurisdiction may impose; (d) No approval or consent is required from any governmental authority with respect to the entering into or performance by the County of this Contract, the Deed of Trust and all other documents related thereto and the transactions contemplated hereby and thereby or if such approvals are required, they will be duly obtained; (e) Except as disclosed by the County in writing to the Corporation and the Trustee, there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or, to the best of the County's knowledge, threatened, against or affecting the County challenging the validity or enforceability of this Contract, the Deed of Trust or any other documents relating hereto and the performance of the County's obligations hereunder and thereunder, and compliance with the provisions hereof or thereof, under the circumstances contemplated hereby or thereby, does not and will not in any material respect conflict with, constitute on the part of the County a breach of or default under, or result in the creation of a lien or other encumbrance on any property of the County (except as contemplated herein or therein) pursuant to any agreement or other instrument to which the County is a party, or any existing law, regulation, court order or consent decree to which the County is subject; (f) Neither the execution and delivery of this Contract or the Deed of Trust or the consummation of the transactions contemplated hereby or thereby, nor the fulfillment of or compliance with the terms and conditions hereof or thereof conflicts with or results in a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which the County is now a party or by which the County is bound or constitutes a default under any of the foregoing, nor conflicts with or results in a violation of any provision of applicable law or regulation 15 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 19 governing the County and no representation, covenant and warranty herein is false, misleading or erroneous in any material respect; (g) The County is vested with fee simple title to the Mortgaged Property free and clear of any liens or encumbrances other than the lien created by the Deed of Trust and the other liens permitted hereby and thereby; (h) The resolutions relating to the performance by the County of this Contract, the Deed of Trust and the transactions contemplated hereby and thereby, have been duly adopted, are in full force and effect, and have not been in any respect modified, revoked or rescinded; (i) The Projects are essential to the proper, efficient and economical operation of the County and the delivery of its services, and the Projects provide essential uses and permit the County to carry out public functions that it is authorized by law to perform; 0) The County reasonably believes funds will be available to satisfy all of its obligations hereunder; (k) The County shall (1) cause its Budget Officer, as statutorily defined by the State, to include the Installment Payments and the reasonably estimated Additional Payments coming due in each Fiscal Year in the corresponding annual budget request, (2) require that the deletion of such funds from the County's final budget or any amended budget be made only pursuant to an express resolution of the Board which explains the reason for such action and (3) deliver notice to the Trustee and the LGC within five days after the adoption by the Board of the resolution described in clause (2) above. Nothing contained in this paragraph (k) obligates the County to appropriate money contained in the proposed budget for the payment of Installment Payments and reasonably estimated Additional Payments coming due under this Contract; (1) Money appropriated by the County to make Installment Payments in any Fiscal Year shall be used for no other purpose; (m) The County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC'), to provide to the Municipal Securities Rulemaking Board (the "MSRB"): (1) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ended June 30, 2023, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ended June 30, 2023, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY - Debt Information" and "- Tax Information" (including subheadings thereunder) in the Official Statement dated [ , 2023] with respect to the 2023A Bonds 16 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 20 (excluding, in each case, any information on overlapping or underlying units), to the extent such items are not included in the audited financial statements referred to in paragraph (1) above; (3) in a timely manner not in excess of 10 Business Days after the occurrence of the event, notice of any of the following events with respect to the 2023A Bonds: (A) principal and interest payment delinquencies; (B) non-payment related defaults, if material; (C) unscheduled draws on the debt service reserves reflecting financial difficulties; (D) unscheduled draws on any credit enhancements reflecting financial difficulties; (E) substitution of any credit or liquidity providers, or their failure to perform; (F) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the 2023A Bonds or other material events affecting the tax status of the 2023A Bonds; (G) modification of the rights of the Beneficial Owners of the 2023A Bonds, if material; (H) call of any of the 2023A Bonds, excluding any mandatory sinking fund prepayment, if material, and tender offers; (I) defeasance of any of the 2023A Bonds; (J) release, substitution or sale of any property securing repayment of the 2023A Bonds, if material; (K) rating changes; (L) bankruptcy, insolvency, receivership or similar event of the County; (M) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; 17 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 21 (N) appointment of a successor or additional trustee or the change of name of a trustee, if material; (0) incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect security holders, if material; and (P) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (4) in a timely manner, notice of a failure of the County to provide required annual financial information described in (1) or (2) above on or before the date specified. For purposes of this Section, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees that its undertaking under this paragraph is intended to be for the benefit of the Owners and the beneficial owners of the 2023A Bonds and is enforceable by the Trustee at the written direction of an aggregate majority of the Owners of Bonds then Outstanding and upon receipt of indemnity satisfactory to the Trustee, or by any of them, including an action for specific performance of the County's obligations under this paragraph, but a failure to comply will not be an Event of Default under Section 12.1 of this Contract and will not result in acceleration of the principal component of Installment Payments. An action must be instituted, had and maintained in the manner provided in this paragraph for the benefit of all of the Owners and beneficial owners of the 2023A Bonds. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (b) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (c) any such modification does not materially impair the interest of the Owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the 18 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 22 Owners of a majority in principal amount of the 2023A Bonds pursuant to Section 9.5 of the Indenture as may be amended from time to time. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the SEC in lieu of the manner described above. The provisions of this paragraph terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest with respect to the 2023A Bonds. Section 8.2 Warranties and Representations of the Corporation. The Corporation warrants and represents to the County (all such warranties and representations continuing) that: (a) The Corporation is a nonprofit corporation duly organized, existing and in good standing under and by virtue of the laws of the State, has the power to enter into this Contract and the Indenture, and has duly authorized the execution and delivery of this Contract and the Indenture; (b) The Corporation has duly authorized this Contract and the Indenture and has caused each to be executed on its behalf in accordance with the laws of the State; (c) Neither the execution and delivery of this Contract or the Indenture, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of the charter or bylaws of the Corporation or any agreement or instrument to which the Corporation is now a party or by which the Corporation is bound, or constitutes a default under any of the foregoing; and (d) To the best of the Corporation's knowledge after due and reasonable investigation, there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board, or body pending or threatened against or affecting the Corporation challenging the validity or enforceability of this Contract, the Indenture or any other documents relating hereto and the performance of the Corporation's obligations hereunder and thereunder. [END OF ARTICLE VIII] 19 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 23 ARTICLE IX TAX COVENANTS AND REPRESENTATIONS The County covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest portion of the Installment Payments created by this Contract and allocable to the 2023A Bonds under Section 103 of the Code. The County will not directly or indirectly use or permit the use of any proceeds of any fund created under the Indenture allocable to the 2023A Bonds, or take or omit to take any action that would cause the obligation created by this Contract and allocable to the 2023A Bonds to be an "arbitrage bond" within the meaning of Section 148(a) of the Code. To that end, the County and the Corporation have executed the Tax Certificate and will comply with all requirements of Section 148 of the Code to the extent applicable. The County further represents and covenants that the Installment Payments created by this Contract and allocable to the 2023A Bonds are not and will not constitute a "private activity bond" as defined in Section 141 of the Code. Without limiting the generality of the foregoing, the County agrees that there shall be paid from time to time all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be applicable to the obligation created by this Contract and allocable to the 2023A Bonds from time to time. This covenant shall survive the payment in full of all Installment Payments under this Contract. Notwithstanding any provision of this Article, (1) this Article shall not apply to the extent that the interest portion of the Installment Payments created under this Contract is not intended to be excludable from gross income for federal income tax purposes under Section 103 of the Code and (2) if the County shall provide to the Trustee an opinion of nationally recognized bond counsel to the effect that any action required under this Section or the Tax Certificate is no longer required, or to the effect that some further action is required, to maintain the exclusion from gross income of the interest on the obligations created by this Contract and allocable to the 2023A Bonds pursuant to Section 103 of the Code, the County, the Corporation and the Trustee may rely conclusively on such opinion in complying with the provisions hereof. [END OF ARTICLE IX] 20 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 24 ARTICLE X INDEMNIFICATION To the extent permitted by applicable law and Article XIV, the County hereby agrees to indemnify, protect and save the Corporation, the LGC, the Trustee and any member, director, officer, agent or employee of the foregoing harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees, costs, and expenses arising out of, connected with, or resulting, directly or indirectly, from the Projects, or from the Indenture, the Deed of Trust and this Contract or from the County's performance under each of said documents, including, without limitation, the possession, condition or use of the Projects. The indemnification arising under this Article shall survive and continue in full force and effect notwithstanding the payment in full of all obligations under this Contract or the sooner resignation or removal of the Trustee. [END OF ARTICLE X] 21 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 25 ARTICLE XI DISCLAIMER OF WARRANTIES THE CORPORATION AND THE TRUSTEE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROJECTS OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECTS. [END OF ARTICLE XI] 22 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 26 ARTICLE XII DEFAULT AND REMEDIES Section 12.1 Definition of Event of Default. The County shall be deemed to be in default hereunder upon the happening of any of the following events of default (each, an "Event of Default"): (a) The County fails to make any Installment Payment on the date such Installment Payment is due hereunder; (b) The County fails to budget and appropriate money sufficient to pay all Installment Payments and the reasonably estimated Additional Payments coming due in any Fiscal Year; (c) The County fails to perform or observe any term, condition or covenant of this Contract on its part to be observed or performed, other than as referred to in (a) or (b) above, or of the Deed of Trust on its part to be observed or performed, or breaches any warranty by the County herein or therein contained, for a period of 30 days after written notice specifying such failure and requesting that it be remedied has been given to the County by the Trustee unless the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, that if the failure cannot be corrected within the stated period, the Trustee will not unreasonably withhold consent for an extension; (d) Any bankruptcy, insolvency or reorganization proceedings or similar litigation, is instituted by the County, or a receiver, custodian or similar officer is appointed for the County or any of its property, and such proceedings or appointments are not vacated or fully stayed within 90 days after the institution or occurrence thereof, or (e) Any representation or statement made by the County herein, in the Deed of Trust or in any other document executed or delivered in connection herewith is found to be incorrect or misleading in any material respect on the date made. Section IZ2 Remedies on Default. On the occurrence of any Event of Default, the Trustee may, and if required by a majority in aggregate principal amount of the Owners of the Bonds, the Trustee shall, to the extent permitted by applicable law and Article XIV, exercise any one or more of the following remedies as the Trustee may elect or as shall be directed in writing by a majority in aggregate principal amount of the Owners of the Bonds: (a) Declare the unpaid portion of the principal and interest components of Installment Payments immediately due and payable without notice or demand to the County; (b) Proceed by appropriate court action to enforce performance by the County of the applicable covenants of this Contract or to recover for the breach thereof; or (c) Exercise or direct the Deed of Trust trustee to exercise all the rights and remedies of a secured party or creditor under the Uniform Commercial Code of the State and the general laws of the State with respect to the enforcement of the security interest granted or reserved under this Contract and the Deed of Trust including, without limitation, to the extent permitted by law, re-enter and take possession of the Mortgaged Property without any court order or other process of law and without liability for entering the premises and sell, lease, sublease or make other disposition of the same in a commercially reasonable manner for the account of the County, and apply the proceeds of any such sale, lease, sublease or other disposition, after deducting all costs and expenses, including court costs and attorneys' fees, costs and expenses, incurred with the recovery, 23 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 27 repair, storage and other sale, lease, sublease or other disposition, toward the balance due under this Contract and, thereafter, shall pay any remaining proceeds to the County. Notwithstanding any other provisions herein, it is the intent of the parties hereto to comply with General Statutes of North Carolina Section 160A-20. No deficiency judgment may be rendered against the County in violation of Section 160A-20 including, without limitation, any deficiency judgment for amounts that may be owed hereunder when the sale of all or any portion of the Mortgaged Property is insufficient to produce enough money to pay in full all remaining obligations under this Contract. To the extent of any conflict between this paragraph and any other provision of this Article XII, this paragraph shall take priority. This Section 12.2 in no way limits the provisions of Article XIV. Section 12.3 Further Remedies. Notwithstanding the occurrence of an Event of Default hereunder and the exercise of any or all of the remedies listed in Section 12.2, this Contract shall remain in full force and effect and the County, to the extent permitted by applicable law and subject to Article XIV, shall be and remain liable for the full performance of all its obligations hereunder. All remedies of the Trustee are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed an election of such remedy or preclude the exercise of any other remedy. [END OF ARTICLE XII] 24 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 28 ARTICLE XIII ASSIGNMENT Section 13.1 Assignment by the County. The County may not sell, assign, lease, sublease, pledge or otherwise encumber or suffer a lien or encumbrance on or against any interest in this Contract or the Mortgaged Property (except for permitted encumbrances under Section 6.2 and as defined in the Deed of Trust) without the prior written consent of the Trustee. Notwithstanding the foregoing, the County may lease all or a portion of the Mortgaged Property subject to the following conditions: (a) the obligation of the County to make Installment Payments and Additional Payments under this Contract will remain obligations of the County; (b) the County will furnish or cause to be furnished to the Trustee a true and complete copy of such lease at least 30 days before the execution and delivery of any such lease; (c) no lease will cause the interest component of Installment Payments relating to any Bonds intended to be excludable from gross income of the recipient thereof for federal income tax purposes to become includable in gross income for federal income tax purposes; and (d) the Trustee may request to receive an Opinion of Counsel to the County to the effect that such lease is subordinate in all respects to the lien of the Deed of Trust and that such lease is subject to immediate termination at the direction of the Trustee following an Event of Default by the County under this Contract. Section 13.2 Assignment by the Corporation. The Corporation has assigned all of its interest in the Mortgaged Property and this Contract (other than its rights under Article X, certain notice rights and those Additional Payments payable to the Corporation under this Contract), including without limitation, the Corporation's rights to receive the Installment Payments, to the Trustee. [END OF ARTICLE XIII] 25 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 29 ARTICLE XIV LIMITED OBLIGATION OF THE COUNTY Notwithstanding any provision of this Contract, the Indenture or the Deed of Trust which may be to the contrary, no provision of this Contract, the Indenture or the Deed of Trust shall be construed or interpreted as creating a pledge of the faith and credit of the County within the meaning of the constitution of the State. No provision of this Contract, the Indenture or the Deed of Trust shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by or a lending of the credit of the County within the meaning of the constitution of the State. This Contract, the Indenture and the Deed of Trust shall not directly or indirectly or contingently obligate the County to make any payments beyond those appropriated in the sole discretion of the County for any Fiscal Year in which this Contract is in effect; provided, however, any failure or refusal by the County to appropriate funds which results in the failure by the County to make any payment coming due hereunder will in no way obviate the occurrence of the event of default resulting from such nonpayment. No deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under this Contract, and the taxing power of the County is not and may not be pledged directly or indirectly or contingently to secure any money due under this Contract. No provision of this Contract, the Indenture, or the Deed of Trust shall be construed to pledge or to create a lien on any class or source of the County's money, nor shall any provision of this Contract, the Indenture or the Deed of Trust restrict the future issuance of any of the County's bonds or obligations payable from any class or source of the County's money. To the extent of any conflict between this Article XIV and any other provision of this Contract, the Indenture or the Deed of Trust, this Article shall take priority. [END OF ARTICLE XIV] 26 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 30 ARTICLE XV JOINDER BY THE TRUSTEE The Trustee hereby executes this Contract to signify its agreement to be bound by the terms of this Contract applicable to it. The County and the Corporation acknowledge and agree that the Trustee shall be entitled to enforce and to benefit from the terms and conditions of this Contract. [END OF ARTICLE XV] 27 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 31 ARTICLE XVI MISCELLANEOUS Section 16.1 Waiver. No covenant or condition of this Contract can be waived except by the written consent of the Corporation and the Trustee. Any failure of the Corporation or the Trustee to require strict performance by the County or any waiver by the Corporation or the Trustee of any terms, covenants or contracts herein shall not be construed as a waiver of any other breach of the same or any other term, covenant or contract herein. Section 16.2 County's Acceptance of Rights and Responsibilities Under the Indenture. The County accepts all responsibilities assigned to it under and pursuant to the Indenture. Section 16.3 Severability. If any portion of this Contract other than Article XIV is determined to be invalid under any applicable law, such provision shall be deemed void and the remainder of this Contract shall continue in full force and effect. Section 16.4 Governing Law. This Contract is to be construed, interpreted and enforced in accordance with the laws of the State without regard to conflict of law principles. Section 16.5 Notices. Any and all notices, requests, demands, and other communications given under or in connection with this Contract are effective only if in writing and either personally delivered or mailed by registered or certified mail, postage prepaid, return receipt requested, or such other manner as is acceptable to the recipient, including e-mail, addressed as follows: If to the County: County of New Hanover, North Carolina 230 Government Center Drive Suite 165 Wilmington, North Carolina 28403 Attention: Chief Financial Officer If to the Corporation: New Hanover County Financing Corporation c/o County of New Hanover, North Carolina 230 Government Center Drive Suite 165 Wilmington, North Carolina 28403 Attention: Chief Financial Officer If to the Trustee: U.S. Bank Trust Company, National Association 214 North Tryon Street, 27a' Floor Charlotte, North Carolina 28202-1078 CN-NC-H27A Attention: Shawna L. Hale The Corporation, the County and the Trustee may, by written notice to the others, designate any further or different addresses to which subsequent notices, certificates or other communications are to be sent. Section 16.6 Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Contract. 28 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 32 Section 16.7 Entire Contract. This Contract, together with the schedules and Exhibits hereto, constitutes the entire contract between the parties and this Contract may not be modified, amended, altered or changed except by written contract signed by the parties. Section 16.8 Binding Effect. Subject to the specific provisions of this Contract, this Contract is binding on and inures to the benefit of the parties and their respective successors and assigns (including expressly any successor of the Trustee). Section 16.9 Time. Time is of the essence of this Contract and each and all of its provisions. Section 16.10 Payments. If the date for making payment, or the last date for performance of any act or the exercising of any right, as provided in this Contract, is not a Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day, with the same force and effect as if done on the nominal date provided in this Contract, and no interest shall accrue for the period after such nominal date. Section 16.11 Covenants of County, Corporation or LGC not Covenants of Officials Individually. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member, director, agent, officer or employee of the County, the Corporation or the LGC in his individual capacity, and neither the members of the Board, the Board of Directors of the Corporation, the members of the LGC nor any other member, director, agent, officer or employee of the County, the Corporation or the LGC shall be subject to any personal liability or accountability by reason of the execution and delivery of the Bonds. No member of the Board, the Board of Directors of the Corporation, the LGC nor any agent, officer or employee of the County, the Corporation or the LGC shall incur any personal liability under this Contract. Section 16.12 Amounts Remaining in Funds. It is agreed by the parties hereto that any amounts remaining in the Bond Fund, the Acquisition and Construction Fund, the Prepayment Fund or any other fund or account created under the Indenture other than the Rebate Fund, on termination of this Contract and the Indenture, and after payment in full of the Bonds (or provision for payment thereof having been duly made in accordance with the provisions of this Contract or the Indenture) and fees and expenses of the Trustee in accordance with this Contract and the Indenture, shall be paid to the County by the Trustee as an overpayment of Installment Payments in accordance with the terms of the Indenture. Section 16.13 Amendments to this Contract. This Contract may not be amended by the parties hereto except in accordance with Article IX of the Indenture. In addition, no amendment to this Contract which would increase the amount or maturity of Bonds Outstanding or the interest rate with respect thereto is effective until it is approved by the LGC. Section 16.14 Execution in Counterparts; Electronic Signature. This Contract may be executed in any number of counterparts, by manual, facsimile, digital, electronic or .pdf file signatures, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument. An executed copy of this Contract delivered by facsimile, email, or other electronic means will be deemed to have the same legal effect as delivery of a manual signed copy of this Contract. This Contract and related documents may be sent and stored by electronic means. [END OF ARTICLE XVI] [SIGNATURES ON FOLLOWING PAGES] 29 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 33 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first above written. NEW HANOVER COUNTY FINANCING CORPORATION Bill Rivenbark President [SIGNATURES CONTINUED ON FOLLOWING PAGES] SIGNATURE PAGE 1 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 34 [COUNTERPART SIGNATURE PAGE TO THE INSTALLMENT FINANCING CONTRACT DATED AS OF NOVEMBER 1, 2023, BETWEEN THE NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] COUNTY OF NEW HANOVER, NORTH CAROLINA Chris Coudriet County Manager [SIGNATURES CONTINUED ON FOLLOWING PAGES] SIGNATURE PAGE 2 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 35 [COUNTERPART SIGNATURE PAGE TO THE INSTALLMENT FINANCING CONTRACT DATED AS OF NOVEMBER 1, 2023, BETWEEN THE NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] Consented to and Accepted: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee Shawna L. Hale Vice President [SIGNATURES CONTINUED ON FOLLOWING PAGES] SIGNATURE PAGE 3 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 36 [COUNTERPART SIGNATURE PAGE TO THE INSTALLMENT FINANCING CONTRACT DATED AS OF NOVEMBER 1, 2023, BETWEEN THE NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] THIS CONTRACT HAS BEEN APPROVED UNDER THE PROVISIONS OF THE NORTH CAROLINA GENERAL STATUTES, § 159-152. Sharon G. Edmundson Secretary of the Local Government Commission SIGNATURE PAGE 4 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 37 INSTALLMENT PAYMENT SCHEDULE - 2023A BONDS Board of CoRnSslioners - August 21, 2023 ITEM: 15- 3 - 38 EXHIBIT A FORM OF REQUISITION ACQUISITION AND CONSTRUCTION FUND U.S. Bank Trust Company, National Association 214 North Tryon Street, 27th Floor Charlotte, North Carolina 28202-1078 CN-NC-1-127A Attention: Corporate Trust Services Re: Direction to Make Disbursements from the Acquisition and Construction Fund Ladies and Gentlemen: Pursuant to Section 3.11 of the Indenture of Trust dated as of November 1, 2023 (the "Indenture") between the New Hanover County Financing Corporation (the "Corporation") and U.S. Bank Trust Company, National Association, as trustee (the "Trustee"), and Section 4.2 of the Installment Financing Contract dated as of November 1, 2023 (the "Contract") between the Corporation and the County of New Hanover, North Carolina (the "County"), you are hereby directed to disburse from the 2023A Account of the Acquisition and Construction Fund referred to in the Indenture (the "Acquisition and Construction Fund") the amount indicated below. The undersigned hereby certifies: 1. This is requisition number from the 2023A Account of the Acquisition and Construction Fund. 2. The name and address of the person, firm or corporation to whom the disbursement is due is as follows: 3. The amount to be disbursed is $ 4. The purpose of the disbursement is to 5. The disbursement herein requested is for an obligation properly incurred, is a proper charge against the 2023A Account of the Acquisition and Construction Fund and has not been the basis of any previous disbursement. Dated this day of , 20 COUNTY OF NEW HANOVER, NORTH CAROLINA County Representative Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 39 PRELIMINARY OFFICIAL STATEMENT DATED AS OF OCTOBER , 2023 Issue - Full Book -Entry Ratings: Moody's: .Wv. In the opinion of Parker Poe Adams & Bernstein, LLP, Bond Counsel, under existing law, (1) S&P: F O x H (See "Ratings" herein) 0 w E. ¢ assuming compliance by the County with certain requirements of the Internal Revenue Code of 1986, as z a w amended (the "Code'), the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds (a) is excludable from gross income for federal income tax purposes and (b) is not an item of tax preference for E w purposes of the federal individual alternative minimum tax, and (2) the portion of the Installment Payments designated and paid as OA interest with respect to the 2023A Bonds is exempt from State of North Carolina income taxes. See "TAX TREATMENT"herein. O o $ * Limited Obligation Bonds, Series 2023A w O evidencing proportionate undivided interests in rights to receive z Q H certain Revenues pursuant to an Installment Financing Contract zw between New Hanover County Financing Corporation and the z COUNTY OF NEW HANOVER, NORTH CAROLINA �W< 0 O Dated: Date of Initial Execution and Delivery Due: November 1, as shown on inside cover page O z This Official Statement has been prepared by the County of New Hanover, North Carolina (the "County") to provide information on the Limited zw Obligation Bonds, Series 2023A (the "2023A Bonds"). Selected information is presented on this cover page for the convenience of the user. Investors W U must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Capitalized terns used in this Official Statement, unless otherwise defined herein, have the meanings set out in Appendix C hereto under "SUMMARY OF PRINCIPAL LEGAL za Q DOCUMENTS -DEFINITIONS." xOn Security: The 2023A Bonds and all other Bonds outstanding under the Indenture evidence proportionate undivided interests in rights to receive certain F" W Revenues pursuant to the Contract between the New Hanover County Financing Corporation (the "Corporation") and the County. The performance by ZO H � the County of its obligations under the Contract, including the obligation to make Installment Payments thereunder, is secured by a Deed of Trust from H O Q the County to the Deed of Trust Trustee granting alien of record on the Mortgaged Property, subject to Permitted Encumbrances. The Corporation has W assigned to the Trustee for the benefit of the registered owners of the 2023A Bonds and all other Bonds outstanding under the Indenture substantially all aO of its rights under the Contract, including the right to receive histallment Payments, and all of its rights as beneficiary of the Deed of Trust. W p W THE PRINCIPAL, PREPAYMENT PRICE AND INTEREST WITH RESPECT TO THE 2023A BONDS ARE PAYABLE SOLELY FROM O 0 AMOUNTS PAYABLE BY THE COUNTY UNDER THE CONTRACT AND, TO THE EXTENT PROVIDED IN THE INDENTURE, THE F W PROCEEDS OF THE SALE OF THE 2023A BONDS, CONDEMNATION AWARDS OR THE SALE OR LEASE OF THE MORTGAGED U Q w O PROPERTY. NEITHER THE CONTRACT, THE 2023A BONDS NOR THE INTEREST WITH RESPECT THERETO CONSTITUTES A W W ° z GENERAL OBLIGATION OR OTHER INDEBTEDNESS OF THE COUNTY. NO DEFICIENCY JUDGMENT MAY BE RENDERED a AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY CONTRACTUAL OBLIGATION TO MAKE INSTALLMENT W U � PAYMENTS PURSUANT TO THE CONTRACT, AND THE TAXING POWER OF THE COUNTY IS NOT PLEDGED DIRECTLY OR r� INDIRECTLY TO SECURE ANY MONEYS DUE THE OWNERS OF THE 2023A BONDS. THE REMEDIES AFFORDED TO THE z W :." a TRUSTEE AND THE OWNERS ON AN EVENT OF DEFAULT RESULTING FROM THE COUNTY'S FAILURE TO MAKE W W z C) INSTALLMENT PAYMENTS UNDER THE CONTRACT ARE LIMITED IN THE CONTRACT TO THOSE OF A SECURED PARTY W 0 0 UNDER THE LAWS OF NORTH CAROLINA, INCLUDING FORECLOSING ON THE MORTGAGED PROPERTY IN ACCORDANCE x U W A O WITH THE DEED OF TRUST AND ARE ON A PARITY WITH THOSE RIGHTS AND REMEDIES AVAILABLE TO THE OWNERS OF Z O ALL BONDS OUTSTANDING UNDER THE INDENTURE. SEE "SECURITY AND SOURCES OF PAYMENT OF 2023A BONDS" HEREIN ww Prepayment: The 2023A Bonds are subject to optional and mandatory prepayment before maturity. z vO H x C) Issued Pursuant to: The 2023A Bonds will be executed and delivered pursuant to the Indenture. O luu A E- Purpose: The proceeds of the 2023A Bonds will be used by the County to pay the capital costs of U (1) construction of a new joint library museum facility and (2) improvements to an Iz w °fix existing County parking deck and garage that will serve the library -museum facility. O a0 F. a cl� Interest Payment Dates: May 1 and November 1 of each year, beginning May 1, 2024. UCA W � A z Denomination: $5,000 and any integral multiple thereof. A O a k� zz� 0 Closing Date: On or about November , 2023. — wRegistration: Full book -entry only; The Depository Trust Company. F• Trustee: U.S. Bank Trust Company, National Association, Raleigh, North Carolina. W z H Financial Advisor. First Tryon Advisors, Charlotte, North Carolina. x W � v W Bond Counsel & Corporation Counsel. Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina. M v) wZ c a County Attorney: K. Jordan Smith, Esq., Wilmington, North Carolina. O W cl) W Underwriter's Counsel: Holland & Knight LLP, New York, New York and Charlotte, North Carolina. �Ca�HU v p a PNC CAPITAL MARKETS LLC U w OCTOBER _, 2023 0 Mz�H aCqCn ww Board of Commissioners - August 21, 2023 Preliminary; subject to change. ITEM: 15- 3 - 40 LIMITED OBLIGATION BONDS SERIES 2023A MATURITY SCHEDULE* $ Serial 2023A Bonds DUE PRINCIPAL INTEREST DUE PRINCIPAL INTEREST NOVEMBER 1 AMOUNT RATE YIELD CUSIP NO I NOVEMBER 1 AMOUNT RATE YIELD CUSIP NO' 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 2029 2039 2030 2040 2031 2041 2032 2042 2033 2043 ' CUSIP is a registered trademark of the American Bankers Association. CUSIP Global Services (CGS) is managed on behalf of the American Bankers Association by FactSet Research Systems, Inc. Copyright © 2022 CUSIP Global Services. All rights reserved. CUSIP numbers are set forth herein for the convenience of reference only and neither the County, the Underwriter, nor their agents take responsibility for the accuracy of such data. . Preliminary; subject to change. Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 41 In connection with this offering, the Underwriter may over allot or effect transactions that stabilize or maintain the market price of the 2023A Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. No dealer, broker, salesman or other person has been authorized to give any information or to make any representation other than as contained in this Official Statement, and if given or made, such other information or representation must not be relied upon. This Official Statement does not constitute an offer to sell or the solicitation of any offer to buy, nor shall there be any sale of the 2023A Bonds by any person in any jurisdiction in which it is not lawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the Corporation, the County and other sources that are deemed to be reliable. Neither the 2023A Bonds nor the Indenture have been registered with the Securities and Exchange Commission by reason of the provisions of Section 3(a)(2) of the Securities Act of 1933, as amended. The registration or qualification of the 2023A Bonds and the Indenture in accordance with applicable provisions of securities laws of the states in which the 2023A Bonds and the Indenture have been registered or qualified, and the exemption from registration or qualification in other states, shall not be regarded as a recommendation thereof. In making an investment decision, investors must rely on their own examination of the terms of the offering, including the merits and risks involved. These securities have not been recommended by any federal or state securities commission or regulatory authority. Furthermore, the foregoing authorities have not confirmed the accuracy or determined the adequacy of this document. Any representation to the contrary is a criminal offense. All quotations from and summaries and explanations of laws and documents herein do not purport to be complete, and reference is made to such laws and documents for full and complete statements of their provisions. Any statements made in this Official Statement involving estimates or matters of opinion, whether or not expressly so stated, are intended merely as estimates or opinions and not as representations of fact. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale of the 2023A Bonds shall under any circumstances create any implication that there has been no change in the affairs of the County since the date hereof. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 42 TABLE OF CONTENTS Page INTRODUCTION........................................................................................................................................ 1 TheCounty...................................................................................................................................... 1 Purpose............................................................................................................................................. 1 Security............................................................................................................................................ 2 The2023A Bonds............................................................................................................................ 2 BookEntry Only.............................................................................................................................. 2 TaxStatus........................................................................................................................................ 3 Professionals.................................................................................................................................... 3 AdditionalInformation.................................................................................................................... 3 THE2023A BONDS.................................................................................................................................... 3 Authorization................................................................................................................................... 3 General............................................................................................................................................. 4 PrepaymentProvisions..................................................................................................................... 4 THE2023A PROJECTS............................................................................................................................... 5 ESTIMATED SOURCES AND USES OF FUNDS.................................................................................... 6 SECURITY AND SOURCES OF PAYMENT OF 2023A BONDS............................................................ 6 Installment Payments and Additional Payments.............................................................................. 6 Budgetand Appropriation................................................................................................................ 6 Deedof Trust................................................................................................................................... 7 Indenture.......................................................................................................................................... 7 Enforceability................................................................................................................................... 8 AdditionalBonds............................................................................................................................. 8 AVAILABLE SOURCES FOR PAYMENT OF INSTALLMENT PAYMENTS ...................................... 9 General............................................................................................................................................. 9 General Fund Revenues................................................................................................................... 9 INSTALLMENT PAYMENT SCHEDULE.............................................................................................. 10 CERTAIN RISKS OF 2023A BOND OWNERS....................................................................................... 10 Limited Obligation of the County.................................................................................................. 10 Riskof Nonappropriation.............................................................................................................. 11 EnvironmentalRisks...................................................................................................................... 11 Valueof Collateral......................................................................................................................... 11 Uninsured or Underinsured Casualty............................................................................................. 11 Outstanding General Obligation Debt of the County..................................................................... 12 OtherIndebtedness......................................................................................................................... 12 Cybersecurity................................................................................................................................. 12 ClimateChange.............................................................................................................................. 12 Bankruptcy..................................................................................................................................... 12 THECORPORATION............................................................................................................................... 13 THECOUNTY........................................................................................................................................... 13 i Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 43 General........................................................................................................................................... 13 Contingent Liabilities and Litigation............................................................................................. 13 LEGALMATTERS.................................................................................................................................... 14 Litigation........................................................................................................................................ 14 Opinionsof Counsel...................................................................................................................... 14 TAXTREATMENT................................................................................................................................... 14 General........................................................................................................................................... 14 CONTINUING DISCLOSURE.................................................................................................................. 17 UNDERWRITING..................................................................................................................................... 19 RATINGS................................................................................................................................................... 20 FINANCIALADVISOR............................................................................................................................ 20 MISCELLANEOUS................................................................................................................................... 20 APPENDIX A THE COUNTY OF NEW HANOVER APPENDIX B MANAGEMENT'S DISCUSSION AND ANALYSIS AND THE BASIC FINANCIAL STATEMENTS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL APPENDIX E BOOK -ENTRY ONLY SYSTEM ii Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 44 Limited Obligation Bonds, Series 2023A evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Financing Contract between New Hanover County Financing Corporation and the COUNTY OF NEW HANOVER, NORTH CAROLINA INTRODUCTION The purpose of this Official Statement, which includes the Appendices hereto, is to provide certain information in connection with the execution, sale and delivery of the Limited Obligation Bonds, Series 2023A, in the aggregate principal amount of $ * (the "2023A Bonds"), which evidence proportionate undivided interests in rights to receive certain Revenues (as defined herein) pursuant to an Installment Financing Contract dated as of November 1, 2023 (the "Contract"), between New Hanover County Financing Corporation (the "Corporation") and the County of New Hanover, North Carolina (the "County"). The 2023A Bonds will be executed and delivered pursuant to an Indenture of Trust dated as of November 1, 2023 (the "Indenture"), between the Corporation and U.S. Bank Trust Company, National Association, Raleigh, North Carolina (the "Trustee"). Capitalized terms used in this Official Statement, unless otherwise defined herein, have the meanings set out in Appendix C hereto. This Introduction provides only certain limited information with respect to the contents of this Official Statement and is expressly qualified by the Official Statement as a whole. Prospective investors should review the full Official Statement and each of the documents summarized or described herein. This Official Statement speaks only as of its date, and the information contained herein is subject to change. THE COUNTY The County is a political subdivision of the State of North Carolina (the "State"). See the caption "THE COUNTY" herein and Appendix A hereto for certain information regarding the County. Certain information from the County's most recent audited financial statements are contained in Appendix B hereto. The County Board of Commissioners approved the County's audited financial statements for the Fiscal Year ended June 30, 2022 on January 9, 2023. PURPOSE The 2023A Bonds are being executed and delivered to provide funds to pay the capital costs of (1) the construction of a new joint library -museum facility and (2) improvements to an existing County parking deck and garage that will serve the library -museum facility. See the captions "THE 2023A PROJECTS" and "ESTIMATED SOURCES AND USES OF FUNDS" herein. * Preliminary; subject to change. Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 45 SECURITY The 2023A Bonds and any Additional Bonds (as defined herein) outstanding under the Indenture (collectively, the "Bonds") evidence proportionate undivided interests in the right to receive certain Revenues under the Contract. The 2023A Bonds are secured by such moneys as may be on deposit under the Indenture. The 2023A Bonds are payable solely from the Installment Payments and certain other moneys as provided in the Indenture. In connection with the execution and delivery of the 2023A Bonds, the County will execute and deliver to a deed of trust trustee (the "Deed of Trust Trustee"), for the benefit of the Corporation or its assignee, a Deed of Trust, Security Agreement and Fixture Filing dated as of November 1, 2023 (the "Deed of Trust"), as security for the County's obligations under the Contract, which grants a lien on the Mortgaged Property (as described under the captions "SECURITY AND SOURCES OF PAYMENT OF 2023A Bonds —THE herein. The 2023A Bonds will be secured by the lien of the Deed of Trust on the Mortgaged Property. The Corporation has assigned to the Trustee for the benefit of the Owners of the Bonds executed and delivered pursuant to the Indenture (a) all rights, title and interest of the Corporation in the Contract (except for certain reserved rights), including its right to receive the Installment Payments thereunder, (b) all rights, title and interest of the Corporation in the Deed of Trust and the Mortgaged Property and (c) all moneys and securities from time to time held by the Trustee under the Indenture in any fund or account (except the Rebate Fund). Pursuant to the Contract, the Installment Payments are payable by the County directly to the Trustee. The Corporation may execute and deliver additional bonds under the Indenture (the `Additional Bonds ") and such Additional Bonds would have equal rights in the security available to the Owners of the 2023A Bonds. See the captions "SECURITY AND SOURCES OF PAYMENT OF 2023A BONDS --ADDITIONAL BONDS" herein and "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS --THE INDENTURE --Additional Bonds" in Appendix C hereto. Under certain conditions, the Deed of Trust Trustee may release portions of the Mortgaged Property from the lien of the Deed of Trust. See the caption "SECURITY AND SOURCES OF PAYMENT OF 2023A BONDS --DEED OF TRUST" herein and "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS --THE DEED OF TRUST" in Appendix C hereto. If a default occurs under the Contract, the Trustee may attempt to dispose of the Mortgaged Property and apply the proceeds received as a result of any such disposition to the payment of the amounts due to the Owners of the 2023A Bonds and all other Bonds outstanding under the Indenture. No assurance can be given that any such proceeds will be sufficient to pay the principal and interest with respect to the 2023A Bonds. In addition, no deficiency judgment can be obtained against the County if the proceeds from any such disposition (together with other funds that may be held by the Trustee under the Indenture) are insufficient to pay the 2023A Bonds in full. Neither the 2023A Bonds nor the County's obligation to make payments under the Contract constitute a pledge of the County's faith and credit within the meaning of any constitutional provision. See the caption "SECURITY AND SOURCES OF PAYMENT OF 2023A BONDS" herein. THE 2023A BONDS The 2023A Bonds will be dated their date of initial execution and delivery. Interest is payable on May 1 and November 1 of each year, beginning May 1, 2024, at the rates set forth on the inside cover page of this Official Statement. Principal is payable on November 1 in the years and in the amounts set forth on the inside cover page of this Official Statement. BOOK ENTRY ONLY The 2023A Bonds will be delivered in book entry form only, without physical delivery of bonds. Payments to beneficial owners of the 2023A Bonds will be made by the Trustee through The Depository 2 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 46 Trust Company, New York, New York ("DTC') and its participants. See "BOOK -ENTRY ONLY SYSTEM" in Appendix E hereto. TAX STATUS In the opinion of Bond Counsel, under existing law, (1) assuming compliance by the County with certain requirements of the Internal Revenue code of 1986, as amended (the "Code"), the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds (a) is excludable from gross income for federal income tax purposes and (b) is not an item of tax preference for purposes of the federal individual alternative minimum tax, and (2) the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds is exempt from State of North Carolina income taxes. See the caption "TAX TREATMENT" herein. PROFESSIONALS PNC Capital Markets LLC (the "Underwriter") is underwriting the 2023A Bonds. U.S. Bank Trust Company, National Association, as successor trustee to U.S. Bank National Association, is serving as Trustee with respect to the 2023A Bonds. Parker Poe Adams & Bernstein LLP is serving as Bond Counsel and Corporation Counsel. First Tryon Advisors is serving as Financial Advisor to the County. K. Jordan Smith, Esq., serves as the County Attorney. Holland & Knight LLP is serving as counsel to the Underwriter. ADDITIONAL INFORMATION Additional information and copies in reasonable quantity of the principal financing documents may be obtained during the offering period from PNC Capital Markets LLC, 4720 Piedmont Row, Suite 200, Charlotte, North Carolina 28210, (704) 571-0671. After the offering period, copies of such documents may be obtained from the Trustee at 5540 Centerview Drive, Suite 200, Raleigh, North Carolina 27606, (919) 424-3944. The County will undertake in the Contract to provide continuing disclosure of certain annual financial information and operating data and listed events regarding the Contract and the 2023A Bonds. See the caption "CONTINUING DISCLOSURE" herein. THE 2023A BONDS AUTHORIZATION The 2023A Bonds will be executed and delivered pursuant to the Indenture. The 2023A Bonds evidence proportionate undivided interests in the right to receive certain Revenues pursuant to the Contract. The 2023A Bonds are payable solely from the Installment Payments and certain other moneys as provided in the Indenture. The County is entering into the Contract under the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended. The Board authorized the County's execution and delivery of the Contract in resolutions adopted on August 21, 2023, respectively. In addition, the County's execution and delivery of the Contract is expected to receive the required approval of the North Carolina Local Government Commission (the "LGCL") on October _, 2023. The LGC is a division of the State Treasurer's office charged with general oversight of local government finance in the State. Its approval is required for substantially all bond issues and other local government financing arrangements in the State. Before approving an installment financing, the LGC must determine, among other things, that (1) the proposed financing is necessary and expedient, (2) the financing, under the circumstances, is preferable to a general obligation or revenue bond issue for the 3 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 47 same purpose, and (3) the sums to fall due under the proposed financing are not excessive for the local government. GENERAL Payment Terms. The 2023A Bonds will be dated their date of initial execution and delivery. Interest with respect to the 2023A Bonds is payable on each May 1 and November 1 (the "Bond Payment Dates"), beginning May 1, 2024, at the rates set forth on the inside cover page of this Official Statement (calculated on the basis of a 360 day year consisting of twelve 30 day months). Principal with respect to the 2023A Bonds is payable on November 1 in the years and amounts set forth on the inside cover page of this Official Statement. Record Date for the 2023A Bonds means the fifteenth day (whether or not a Business Day) of the month next preceding an Interest Payment Date. Payments will be effected through DTC. See "BOOK ENTRY ONLY SYSTEM" in Appendix E hereto. Registration and Exchange. So long as DTC or its nominee is the registered owner of the 2023A Bonds, transfers and exchanges of beneficial ownership interests in the 2023A Bonds will be available only through DTC Participants and DTC Indirect Participants. See "BOOK ENTRY ONLY SYSTEM" in Appendix E hereto. The Indenture describes the provisions for transfer and exchange applicable if a book entry system is no longer in effect. These provisions generally provide that the transfer of the 2023A Bonds is registrable by the Owners thereof, and the 2023A Bonds may be exchanged for an equal aggregate, unprepaid principal amount of 2023A Bonds of denominations of $5,000 or any integral multiple thereof and of the same maturity and interest rate, only on presentation and surrender of the 2023A Bonds to the Trustee at the designated corporate trust office of the Trustee together with an executed instrument of transfer in a form approved by the Trustee in connection with any transfer. The Trustee may require the person requesting any transfer or exchange to reimburse it for any tax or other governmental charge required to be paid with respect to such registration or exchange. PREPAYMENT PROVISIONS Optional Prepayment. The 2023A Bonds maturing on November 1, , and thereafter will be subject to prepayment at the option of the County, either in whole or in part, on any date on or after November 1, , at a prepayment price equal to 100% of the principal amount to be prepaid, plus accrued interest to the prepayment date. Mandatory Sinking Fund Prepayment.. The 2023A Bonds maturing on November 1, 20_ (the "20 Term Bonds") are subjecting to mandatory sinking fund prepayment before their scheduled maturity, on November 1, of each year, commencing November 1, 20 , without premium, at the Prepayment Price equal to 100% of the principal amount thereof being prepaid in the principal amounts and in the years as follows: Year Principal Amount 20 20 General Prepayment Provisions. If called for prepayment in part, the 2023A Bonds to be prepaid shall be prepaid in such order as the County shall select and within the same maturity as selected by DTC pursuant to its rules and procedures or, if the book entry system with respect to the 2023A Bonds is discontinued as provided in the Indenture, by lot within a maturity in such manner as the Trustee in its discretion may determine. When 2023A Bonds are to be prepaid in part, the schedule of Installment Payments set forth in the Contract shall be recalculated as necessary by the Trustee in the manner required by the Indenture. Notice of prepayment identifying the 2023A Bonds or portions thereof to be prepaid will be given by the Trustee in writing not less than 30 days nor more than 60 days before the date fixed for prepayment by first class mail, postage prepaid (registered or certified mail in the case of notice to DTC) (a) to DTC or its nominee as permitted or required by DTC's rules and procedures, or (b) if DTC or its nominee is no 4 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 48 longer the Owner of the 2023A Bonds, to the then registered Owners of the 2023A Bonds to be prepaid at their addresses appearing on the registration books maintained by the Trustee, (c) to the LGC, and (d) to the Municipal Securities Rulemaking Board (the "MSRB") in an electronic format as prescribed by the MSRB. Notwithstanding the foregoing, (1) if notice is properly given, failure to receive an appropriate notice shall not affect the validity of the proceedings for such prepayment, (2) failure to give any such notice or any defect therein shall not affect the validity of the proceedings for prepayment of the 2023A Bonds or portions thereof with respect to which notice was correctly given and (3) failure to give any such notice to the parties described in clauses (c) and (d) above, or any defect therein, shall not affect the validity of any proceedings for prepayment of the 2023A Bonds. If at the time of mailing of notice of prepayment, there has not been deposited with the Trustee moneys sufficient to prepay all the 2023A Bonds or portions thereof called for prepayment, which moneys are or will be available for prepayment of such 2023A Bonds, such notice will state that it is conditional on the deposit of the prepayment moneys with the Trustee not later than the opening of business on the prepayment date, and such notice shall be of no effect unless such moneys are so deposited. Before the date fixed for prepayment, funds will be deposited with the Trustee to pay the 2023A Bonds or portions thereof called for prepayment, together with accrued interest to the prepayment date. On the giving of notice and the deposit of such funds for prepayment pursuant to the Indenture, interest with respect to the 2023A Bonds or portions thereof so called for prepayment will no longer accrue after the date fixed for prepayment. The 2023A Bonds or portions thereof called for prepayment will be due and payable on the prepayment date at the prepayment price, together with accrued interest with respect thereto to the prepayment date. If the required notice of prepayment has been given and moneys sufficient to pay the prepayment price, together with accrued interest to the prepayment date have been deposited with the Trustee, the 2023A Bonds or portions thereof so called for prepayment will cease to be entitled to any benefit or security under the Indenture, and the Owners of such 2023A Bonds will have no rights with respect to such 2023A Bonds or portions thereof so called for prepayment except to receive payment of the prepayment price and accrued interest to the prepayment date from such funds held by the Trustee. On surrender and cancellation of any 2023A Bonds called for prepayment in part only, a new 2023A Bond or 2023A Bonds of the same maturity and interest rate and of authorized denominations, in an aggregate principal amount equal to the unprepaid portion thereof, will be executed on behalf of the Corporation and authenticated and delivered by the Trustee. IF AN EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING UNDER THE INDENTURE, THERE WILL BE NO PREPAYMENT OF LESS THAN ALL OF THE BONDS OUTSTANDING. THE 2023A PROJECTS The 2023A Bonds are being executed and delivered to provide funds to pay capital costs for the following projects: Library -Museum Project. Approximately $_ million of the proceeds from the 2023A Bonds will be used to finance the construction of a joint library -museum. Parking Deck Project. Approximately $ million of the proceeds from the 2023A Bonds will be used to finance improvements to a parking deck and garage that will serve the Library -Museum. THE 2023A BONDS WILL BE SECURED BY A LIEN OF THE DEED OF TRUST ON THE LIBRARY -MUSEUM AND RELATED PARKING DECK, WHICH CONSTITUTES THE MORTGAGED PROPERTY UNDER THE DEED OF TRUST. 5 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 49 ESTIMATED SOURCES AND USES OF FUNDS The following table presents information as to the estimated sources and uses of funds: SOURCES OF FUNDS: Par Amount of 2023A Bonds $ Net Original Issue [Premium] [Discount] TOTAL $ USES OF FUNDS: Costs of Acquisition and Construction $ Costs of Delivery' TOTAL $ ' Includes legal fees, printing costs, Underwriter's discount, rating agency fees and other miscellaneous transaction costs. SECURITY AND SOURCES OF PAYMENT OF 2023A BONDS The Bonds outstanding under the Indenture evidence proportionate undivided interests in the rights to receive certain Revenues pursuant to the Contract. The 2023A Bonds will be proportionately and ratably secured with the Bonds executed and delivered pursuant to the Indenture. Revenues are defined in the Contract to mean (a) all Net Proceeds not applied to the replacement of the Mortgaged Property, (b) all Installment Payments and (c) all investment income on all funds and accounts created under the Indenture (other than the Rebate Fund). Notwithstanding the foregoing, the Owner of each 2023A Bond is not entitled to receive more than the amount of principal and interest represented by such 2023A Bond. INSTALLMENT PAYMENTS AND ADDITIONAL PAYMENTS Under the Contract, the County is required to make the Installment Payments directly to the Trustee in amounts sufficient to provide for the payment of the principal (whether at maturity, by prepayment or otherwise) and interest with respect to the Bonds executed and delivered under the Indenture as the same become due and payable. The County is also obligated under the Contract to pay as Additional Payments to such persons as are entitled thereto, the reasonable and customary expenses and fees of the Trustee and the Corporation, any expenses of the Corporation in defending an action or proceeding in connection with the Contract or the Indenture and any taxes or any other expenses, including, but not limited to, licenses, permits, state and local income, sales and use or ownership taxes or property taxes which the County or the Corporation is expressly required to pay as a result of the Contract (together with interest that may accrue thereon in the event that the County fails to pay the same). BUDGET AND APPROPRIATION Pursuant to the Contract, the County shall (a) cause its budget officer (as statutorily defined) to include the Installment Payments and the reasonably estimated Additional Payments coming due in each Fiscal Year in the corresponding annual budget request, (b) require that the deletion of such funds from the County's final budget or any amended budget be made only pursuant to an express resolution of the Board which explains the reason for such action and (c) deliver notice to the Trustee, S&P, Moody's and the LGC within five days after the adoption by the Board of the resolution described in clause (b) above. Nothing contained in the Contract, however, obligates the County to appropriate moneys contained in the proposed budget for the payment of the Installment Payments or the reasonably estimated Additional Payments coming due under the Contract. 6 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 50 In connection with the Installment Payments and the Additional Payments, the appropriation of funds therefor is within the sole discretion of the Board. DEED OF TRUST In connection with the execution and delivery of the Series 2023A Bonds, the County will execute the Deed of Trust as security for its obligations under the Contract granting a security interest in the Library -Museum [and Related Parking Deck], including the sites on which they are located, subject to certain permitted encumbrances as set forth in the Contract and the Deed of Trust (the "Mortgaged Property"). UPON THE EXECUTION AND DELIVERY OF THE 2023A BONDS, THE LIBRARY - MUSEUM AND RELATED PARKING DECK CONSTITUTE THE "MORTGAGED PROPERTY" AND, CONSEQUENTLY, SUCH REAL PROPERTY AND ANY IMPROVEMENTS THEREON WILL BE SUBJECT TO THE LIEN CREATED BY THE DEED OF TRUST. The Deed of Trust authorizes future obligations evidenced by Additional Bonds executed and delivered under the Indenture to be secured by the Deed of Trust, provided that the total amount of present and future obligations secured thereby at any one time does not exceed $300,000,000 and such fixture obligations are incurred not later than 30 years from the date of the Deed of Trust. The Deed of Trust is recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and the liens created thereby are insured by a title insurance policy. So long as there is no event of default under the Deed of Trust, the Trustee, with the Corporation's consent, must release the Mortgaged Property or any part thereof from the lien and security interest of the Deed of Trust when and if the following requirements have been fulfilled: (1) in connection with any release of the Mortgaged Property, or any part thereof, there is filed with the Corporation a certified copy of the resolution of the Board of Commissioners of the County stating the purpose for which the County desires such release, giving an adequate legal description of the part of the Mortgaged Property to be released, requesting such release and providing for payment by the County of all expenses in connection with such release; (2) in connection with the release of any part of the Mortgaged Property constituting less than the entire Mortgaged Property, the tax, insured or appraised value of the Mortgaged Property remaining after the proposed release is not less than 50% of the aggregate principal component of the Installment Payments relating to the Bonds then Outstanding under the Indenture; (3) in connection with the release of any part of the Mortgaged Property constituting less than the entire Mortgaged Property, such release shall not prohibit the County's ingress, egress and regress to and from the remainder of the Mortgaged Property not being released, or materially interfere with the use of the remainder of the Mortgaged Property not being released; (4) in connection with the release of the entire Mortgaged Property, there is paid to the Corporation an amount sufficient to provide for the payment in full all of the Bonds then Outstanding under the Indenture; and (5) in connection with the release of any part of the Mortgaged Property, prior written notice of such release shall be provided to Moody's and S&P (each as defined below). INDENTURE Pursuant to the Indenture, the Corporation has assigned to the Trustee for the benefit of the Owners of the Bonds executed and delivered under the Indenture (a) all rights, title and interest of the 7 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 51 Corporation in the Contract (except for certain indemnification rights, certain notice rights and the right to Additional Payments payable to the Corporation), including its rights to receive the Installment Payments thereunder, (b) all rights, title and interest of the Corporation in the Deed of Trust and the Mortgaged Property and (c) all moneys and securities from time to time held by the Trustee under the Indenture in any fund or account (except the Rebate Fund). ENFORCEABILITY NEITHER THE CONTRACT NOR THE 2023A BONDS CONSTITUTE A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY CONTRACTUAL OBLIGATION UNDER THE CONTRACT, AND THE TAXING POWER OF THE COUNTY IS NOT PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY MONEYS DUE THE OWNERS OF THE 2023A BONDS PURSUANT TO THE CONTRACT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE 2023A BONDS ON A DEFAULT BY THE COUNTY UNDER THE CONTRACT ARE LIMITED TO THOSE SPECIFIED IN THE CONTRACT AND THE INDENTURE, INCLUDING EXERCISING THE RIGHTS OF THE BENEFICIARY UNDER THE DEED OF TRUST AND THE RIGHTS OF THE TRUSTEE IN THE FUNDS HELD UNDER THE INDENTURE. The 2023A Bonds will not constitute a debt or general obligation of the Corporation and will not give the Owners of the 2023A Bonds any recourse to the assets of the Corporation, but will be payable solely from amounts payable by the County under the Contract, from amounts realized on the foreclosure on the Mortgaged Property pursuant to the Deed of Trust and from funds held in certain funds and accounts under the Indenture for such purpose. The enforceability of the Indenture, the Contract and the Deed of Trust is subject to bankruptcy, insolvency, fraudulent conveyance and other related laws affecting the enforcement of creditors' rights generally and, to the extent that certain remedies under such instruments require, or may require, enforcement by a court, to such principles of equity as the court having jurisdiction may impose. See "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - THE CONTRACT - Remedies on Default' in Appendix C for a more complete description of the rights and powers of the Trustee upon the occurrence of an event of default under the Contract. ADDITIONAL BONDS Under the conditions described in the Indenture and so long as no Event of Default has occurred and is continuing under the Indenture, the Corporation may execute and deliver Additional Bonds under the Indenture without the consent of the Owners of the Bonds then Outstanding under the Indenture to provide funds to pay (a) the cost of expanding the Projects or acquiring, constructing, renovating and equipping other facilities or acquiring equipment and other capital assets for utilization by the County for public purposes, (b) the cost of refunding of all or any portion of the Bonds then Outstanding under the Indenture or any other installment financing obligations of the County, provided that such a refunding does not result in a reduction in the rating assigned to the Outstanding Bonds by Moody's or S&P; and (c) the Costs of Delivery relating to the execution, delivery and sale of such Additional Bonds. The 2023A Bonds are payable on a parity with any Additional Bonds hereafter executed and delivered pursuant to the Indenture. The Installment Payments and any Installment Payments with respect to Additional Bonds issued under the Indenture will be deposited as received by the Trustee in the Bond Fund held by the Trustee. Moneys in the Bond Fund will be withdrawn and used to pay the principal and interest with respect to the Bonds executed and delivered under the Indenture as the same become due and payable. If on any date the moneys on deposit in the Bond Fund are insufficient to pay all of the principal and interest with respect to the Bonds executed and delivered under the Indenture which are due and payable on such date, such moneys will be used to pay such principal and interest with 8 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 52 respect to the Bonds entitled to receive principal or interest with respect to such date in the manner provided in the Indenture. See "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - THE INDENTURE - Application ofMoneys" in Appendix C. AVAILABLE SOURCES FOR PAYMENT OF INSTALLMENT PAYMENTS GENERAL The County may pay its Installment Payments from any source of funds available to it in each year and appropriated therefor during the term of the Contract. GENERAL FUND REVENUES The County's General Fund revenues for the Fiscal Year ended June 30, 2022 were $350,963,352. The County's General Fund revenues for the Fiscal Year ended June 30, 2022 and for the Fiscal Year ending June 30, 2023 were budgeted at $336,348,791 and $389,357,724, respectively. General Fund revenues are derived from various sources including property taxes, which generated approximately 53.09% of the general fund revenues in the County's 2023 adopted budget. For the Fiscal Years ended June 30, 2021 and June 30, 2022, the County imposed a property tax of $0.4903 and $0.4270, respectively, per $100 of assessed value. For the Fiscal Year ending June 30, 2022, the County imposed a property tax of $0.4270 per $100, which is expected to generate approximately $206,724,165. The County also imposed a County -wide property tax exclusively for certain debt payments that are accounted for in a Debt Service Fund. The rates were $0.0647 per $100 of assessed value for Fiscal Year ended June 30, 2021 and $0.0480 for Fiscal Year ended June 30, 2022. The General Statutes of North Carolina permit counties to impose property taxes of up to $1.50 per $100 of assessed value for certain purposes without the requirement of a voter referendum. See Appendix B hereto for additional information regarding the County's general fund revenues for the Fiscal Year ended June 30, 2022. [The remainder of this page left intentionally blank] 9 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 53 INSTALLMENT PAYMENT SCHEDULE The following schedule sets forth for each Fiscal Year of the County ending June 30 the amount of principal (whether at maturity or pursuant to mandatory prepayment) and interest required to be paid under the Contract with respect to the 2023A Bonds executed and delivered pursuant to the Indenture. Totals may not foot due to rounding. 2023A BONDS FISCAL YEAR ENDING JUNE 30, PRINCIPAL INTEREST 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 TOTAL TOTAL CERTAIN RISKS OF 2023A BOND OWNERS LIMITED OBLIGATION OF THE COUNTY If the Installment Payments to be made by the County are insufficient to pay the principal and interest with respect to the Bonds, as the same become due or, if any other event of default occurs under the Contract, the Trustee may accelerate the Bonds, and all unpaid principal amounts due by the County under the Contract and foreclose on the County's interest in the Mortgaged Property under the Deed of Trust. The Mortgaged Property includes only the real property on which (1) the Library -Museum is located Wilmington, North Carolina and (2) the Parking Deck and Garage is located at Wilmington, North Carolina. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR ANY BREACH OF THE CONTRACT. THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY MONEYS DUE UNDER THE CONTRACT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE BONDS UPON A DEFAULT BY THE COUNTY UNDER THE CONTRACT ARE LIMITED TO THOSE OF A SECURED PARTY UNDER THE LAWS OF THE STATE, INCLUDING FORECLOSING ON THE COUNTY'S INTEREST IN THE MORTGAGED PROPERTY COVERED BY THE DEED OF TRUST. THERE CAN BE NO ASSURANCE THAT THE MONEYS AVAILABLE IN THE FUNDS AND ACCOUNTS HELD BY THE TRUSTEE AND THE PROCEEDS OF ANY SUCH FORECLOSURE WILL BE 10 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 54 SUFFICIENT TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST WITH RESPECT TO THE BONDS OUTSTANDING UNDER THE INDENTURE. RISK OF NONAPPROPRIATION The appropriation of moneys to make the Installment Payments is within the sole discretion of the Board of the County. If the Board fails to appropriate such moneys, the only sources of payment for the Bonds will be the moneys, if any, available in the respective funds and accounts held by the Trustee under the Indenture and the proceeds of any attempted foreclosure on the County's interest in the Mortgaged Property under the Deed of Trust. ENVIRONMENTAL RISKS [Except as described under this caption "Environmental Risks,"] the County is not aware of any recognized environmental concerns with respect to the Mortgaged Property. The County is required under the Contract to undertake whatever environmental remediation may be required by law. For example, if any portion of the Mortgaged Property becomes a "Superfund Site" under the Comprehensive Environmental Response, Compensation and Liability Act, the federal government may require clean-up and the County may be required to pay all or a part of such clean-up costs. If the County was unable to continue operation of any part of the Mortgaged Property because of environmental contamination of the Mortgaged Property, the value of the Mortgaged Property at foreclosure would be reduced by the cost of any clean-up. Moreover, under the Indenture, the Trustee may refuse to foreclose on any portion of the Mortgaged Property affected by such environmental contamination. VALUE OF COLLATERAL No special appraisal of the Mortgaged Property has been obtained and the amount of proceeds received through foreclosure of the County's interest in the Mortgaged Property will be affected by a number of factors, including (1) the costs and expenses in enforcing the lien and security, (2) the condition of the Mortgaged Property, (3) the occurrence of any damage, destruction, loss or theft of the Mortgaged Property which is not repaired or replaced and for which there are not received or appropriated moneys from insurance policies or any risk management program, (4) problems relating to the paucity of alternative uses of the facilities arising from their design, zoning restrictions, use restrictions, easements and encumbrances on the Mortgaged Property and (5) environmental problems and risks with respect to the Mortgaged Property. NO REPRESENTATION IS MADE AS TO THE VALUE OF THE COUNTY'S INTEREST IN THE MORTGAGED PROPERTY IN FORECLOSURE. UNINSURED OR UNDERINSURED CASUALTY If all or any part of the Projects is partially or totally damaged or destroyed by any fire or other casualty or is wholly or partially taken pursuant to eminent domain proceedings, the County may elect not to repair, restore, improve or replace the affected portion of the Mortgaged Property if (1) the Net Proceeds are less than $500,000 and (2) a County Representative certifies to the Corporation that such Net Proceeds are not necessary to restore the affected portion of the Mortgaged Property to its intended use. In such event, the County will direct the Trustee to deposit such Net Proceeds in the Bond Fund to be applied toward the next payment of principal and interest with respect to the Bonds. The Contract requires the County to maintain certain insurance with respect to the Mortgaged Property, but such insurance may not cover all perils to which the Mortgaged Property is subject or provide sufficient Net Proceeds to fully repair or replace the Mortgaged Property. 11 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 55 OUTSTANDING GENERAL OBLIGATION DEBT OF THE COUNTY The County has general obligation bonds outstanding and may issue additional general obligation bonds and notes in the future. The County has pledged and will pledge its faith and credit and taxing power to the payment of its general obligation bonds and notes issued or to be issued. See the caption "THE COUNTY - DEBT INFORMATION" in Appendix A for a description of the County's outstanding and authorized but unissued general obligation bonds and notes. FUNDS WHICH MAY OTHERWISE BE AVAILABLE TO PAY INSTALLMENT PAYMENTS OR ADDITIONAL PAYMENTS OR TO MAKE OTHER PAYMENTS TO BE MADE BY THE COUNTY UNDER THE CONTRACT MAY BE SUBJECT TO SUCH FAITH AND CREDIT PLEDGE BY THE COUNTY AND THEREFORE MAY BE REQUIRED TO BE APPLIED TO THE PAYMENT OF ITS GENERAL OBLIGATION INDEBTEDNESS. OTHER INDEBTEDNESS There is no limitation on the County entering into additional contracts which provide for obligations the payment on which is subject to appropriation. See "THE COUNTY - DEBT INFORMATION - Other Long -Term Commitments" in Appendix A. CYBERSECURITY The County, like many other large public and private entities, relies on a large and complex technology environment to conduct its operations and faces multiple cybersecurity threats involving, but not limited to, hacking, phishing viruses, malware and other attacks on its computing and other digital networks and systems (collectively, "Systems Technology"). As a recipient and provider of personal, private, or sensitive information, the County may be the target of cybersecurity incidents that could result in adverse consequences to the County and its Systems Technology, requiring a response action to mitigate the consequences. Cybersecurity incidents could result from unintentional events, or from deliberate attacks by unauthorized entities or individuals attempting to gain access to the County's Systems Technology for the purposes of misappropriating assets or information or causing operational disruption and damage. To mitigate the risk of business operations impact and/or damage from cybersecurity incidents or cyber- attacks, the County invests in multiple forms of cybersecurity and operational safeguards. While the County's cybersecurity and operational safeguards are periodically tested, no assurances can be given by the County that such measures will ensure against other cybersecurity threats and attacks. Cybersecurity breaches could cause material disruption to the County's finances or operations. The costs of remedying any such damage or obtaining insurance related thereto, or protecting against future attacks could be substantial and insurance (if any can be obtained), may not be adequate to cover such losses or other consequential County costs and expenses. Further, cybersecurity breaches could expose the County to material litigation and other legal risks, which could cause the County to incur material costs related to such legal claims or proceedings. CLIMATE CHANGE The County is susceptible to the effects of extreme weather events and natural disasters, including floods, droughts and hurricanes and has experienced multiple severe weather events within the past several years. These effects may be amplified by a prolonged global temperature increase over the next several decades (commonly referred to as "climate change"). No assurances can be given that a future extreme weather event driven by climate change will not adversely affect the County. BANKRUPTCY Under North Carolina law, a local governmental unit such as the County may not file for bankruptcy protection without (1) the consent of the LGC and (2) the satisfaction of the requirements of 12 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 56 § 109(c) of the United States Bankruptcy Code. If the County were to initiate bankruptcy proceedings with the consent of the LGC and satisfy the requirements of 11 U.S.C. §109(c), the bankruptcy proceedings could have material and adverse effects on holders of the 2023A Bonds, including (a) delay in enforcement of their remedies, (b) subordination of their claims to claims of those supplying goods and services to the County after the initiation of bankruptcy proceedings and to the administrative expenses of bankruptcy proceedings and (c) imposition without their consent of a plan of reorganization reducing or delaying payment of the 2023A Bonds. The effect of the other provisions of the United States Bankruptcy Code on the rights and remedies of the holders of the 2023A Bonds cannot be predicted and may be affected significantly by judicial interpretation, general principles of equity (regardless of whether considered in a proceeding in equity or at law) and considerations of public policy. Regardless of any specific adverse determinations in a bankruptcy case of the County, the fact of such a bankruptcy case could have an adverse effect on the liquidity and value of the 2023A Bonds. THE CORPORATION The Corporation is organized under the North Carolina Nonprofit Corporation Act (N.C.G.S. Chapter 55A-1 et seq., as amended, the "Act") and is authorized under the Act to carry out the purposes set forth in its articles of incorporation. The Corporation was organized for the purpose of, among other things, assisting the County in carrying out its municipal and governmental functions through the financing, construction, operation, sale or lease of real estate, improvements and facilities such as the Facilities and to enter into agreements with the County and other relevant parties to facilitate such essential projects. Pursuant to its articles of incorporation, the Corporation is empowered to buy, hold, own, sell, assign, mortgage or lease any interest in real estate and personal property in the manner contemplated by the Contract and to construct, maintain and operate improvements thereon necessary or incident to the accomplishment of the purpose of promoting the general welfare of the citizens of the County by assisting the County in carrying out its municipal and governmental functions through the acquisition, construction, operation, sale or lease of real estate and improvements, facilities and equipment for the use and benefit of the general public. The Corporation has no taxing power. The Board of Directors of the Corporation consists of three directors, who serve until their successors are elected following three-year terms. The following individuals are currently serving as (i) the directors of the Corporation and (ii) the officers of the Corporation, as indicated opposite their respective names: Bill Rivenbark President Chris Coudriet Secretary and Vice President Eric Credle Treasurer and Assistant Secretary The officers and directors of the Corporation presently serve without compensation. The Corporation has no assets or employees. All officers and directors of the Corporation are employees of the County. THE COUNTY GENERAL See Appendix A for a description of the County. CONTINGENT LIABILITIES AND LITIGATION The County is not aware of any contingent liabilities which, in the opinion of the County Attorney, would materially affect the County's ability to meet its financial obligations. 13 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 57 LEGAL MATTERS LITIGATION No litigation is now pending or, to the best of the County's knowledge, threatened, against or affecting the County which seeks to restrain or enjoin the authorization, execution or delivery of the 2023A Bonds or which contests the County's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the County's authorization, execution and delivery of the Contract, or the County's authority to carry out its obligations thereunder or which would have a material adverse impact on the County's condition, financial or otherwise. In addition, no litigation is now pending or, to the best of the Corporation's knowledge, threatened, against or affecting the Corporation which seeks to restrain or enjoin the authorization, execution or delivery of the 2023A Bonds or Contract or which contests the validity or the authority or proceedings for the adoption, authorization, execution or delivery of the 2023A Bonds or the Corporation's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the Corporation's authorization, execution or delivery of the 2023A Bonds, the Indenture or the Contract, or the Corporation's authority to carry out its obligations thereunder. OPINIONS OF COUNSEL Legal matters related to the execution, sale and delivery of the 2023A Bonds are subject to the approval of, and Parker Poe Adams & Bernstein LLP, Bond Counsel. The opinion of Parker Poe Adams & Bernstein LLP, as Bond Counsel, substantially in the form set forth in Appendix D hereto, will be delivered at the time of the delivery of the 2023A Bonds. Certain legal matters will be passed on for the County by K. Jordan Smith, Esq.; for the Corporation by its counsel, Parker Poe Adams & Bernstein LLP; and for the Underwriter by their counsel, Holland & Knight LLP. Parker Poe Adams & Bernstein LLP is serving as Bond Counsel and counsel to the Corporation and, from time to time it and Holland & Knight LLP, counsel to the Underwriter, have represented the Underwriter as counsel in other financing transactions. Neither the County, the Corporation, nor the Underwriter have conditioned the future employment of either of these firms in connection with any proposed financing issues for the County, the Corporation or for the Underwriter on the successful execution and delivery of the 2023A Bonds. TAX TREATMENT GENERAL On the date of execution and delivery of the 2023A Bonds, Parker Poe Adams & Bernstein LLP, as Bond Counsel, will render an opinion that, under existing law (1) assuming compliance by the County with certain provisions of the Internal Revenue Code of 1986, as amended (the "Code"), the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds is (a) excludable from gross income for federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal individual alternative minimum tax, and (2) the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds is exempt from State of North Carolina income taxation. Bond Counsel observes that, for tax years beginning after December 31, 2022, the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds included in adjusted financial statement income of certain corporations is not excluded from the federal corporate alternative minimum tax. The Code imposes various restrictions, conditions and requirements relating to the exclusion of interest on obligations, such as the 2023A Bonds, from gross income for federal income tax purposes, including, but not limited to, the requirement that the County rebate certain excess earnings on proceeds 14 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 58 and amounts treated as proceeds of the 2023A Bonds to the United States Treasury, restrictions on the investment of such proceeds and other amounts, and restrictions on the ownership and use of the facilities financed or refinanced with proceeds of the 2023A Bonds. The foregoing is not intended to be an exhaustive listing of the post -issuance tax compliance requirements of the Code, but is illustrative of the requirements that must be satisfied by the County subsequent to execution and delivery of the 2023A Bonds to maintain the excludability of the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds from gross income for federal income tax purposes. Bond Counsel's opinion is given in reliance on certifications by representatives of the County as to certain facts material to the opinion and the requirements of the Code. The County has covenanted to comply with all requirements of the Code that must be satisfied subsequent to the execution and delivery of the 2023A Bonds in order that the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds be, or continue to be, excludable from gross income for federal income tax purposes. The opinion of Bond Counsel assumes compliance by the County with such covenants, and Bond Counsel has not been retained to monitor compliance by the County with such covenants subsequent to the date of execution and delivery of the 2023A Bonds. Failure to comply with certain of such requirements may cause the portion the Installment Payments designated and paid as interest with respect to the 2023A Bonds to be included in gross income for federal income tax purposes retroactive to the date of execution and delivery of the 2023A Bonds. No other opinion is expressed by Bond Counsel regarding the federal tax consequences of the ownership of or the receipt or accrual of interest with respect to the 2023A Bonds. If the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds subsequently becomes included in gross income for federal income tax purposes due to a failure by the County to comply with any requirements described above, the County is not required to redeem the 2023A Bonds or to pay any additional interest or penalty. The Internal Revenue Service has established an ongoing program to audit tax-exempt obligations to determine whether interest on such obligations is includible in gross income for federal income tax purposes. Bond Counsel cannot predict whether the Internal Revenue Service will commence an audit of the 2023A Bonds. Prospective purchasers of the 2023A Bonds are advised that, if the Internal Revenue Service does audit the 2023A Bonds, under current Internal Revenue Service procedures, at least during the early stages of an audit, the Internal Revenue Service will treat the County as the taxpayer, and the owners of the 2023A Bonds may have limited rights, if any, to participate in such audit. The commencement of an audit could adversely affect the market value and liquidity of the 2023A Bonds until the audit is concluded, regardless of the ultimate outcome. Prospective purchasers of the 2023A Bonds should be aware that ownership of the 2023A Bonds and the accrual or receipt of the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property or casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits, certain Subchapter S Corporations with "excess net passive income," foreign corporations subject to the branch profits tax, life insurance companies and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry the 2023A Bonds. Bond Counsel does not express any opinion as to any such collateral tax consequences. Prospective purchasers of the 2023A Bonds should consult their own tax advisors as to the collateral tax consequences. Proposed legislation is considered from time to time by the United States Congress that, if enacted, would affect the tax consequences of owning the 2023A Bonds. No assurance can be given that any future legislation, or clarifications or amendments to the Code, if enacted into law, will not contain provisions which could cause the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds to be subject directly or indirectly to federal, State of North Carolina, or local income taxation, adversely affect the market price or marketability of the 2023A Bonds or otherwise 15 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 59 prevent the owners of the 2023A Bonds from realizing the full current benefit of the status of the portion of the Installment Payments designated and paid as interest with respect to the 2023A Bonds. Bond Counsel's opinion is based on existing law, which is subject to change. Such opinion is further based on factual representations made to Bond Counsel as of the date thereof. Bond Counsel assumes no duty to update or supplement its opinion to reflect any facts or circumstances that may thereafter come to Bond Counsel's attention, or to reflect any changes in law that may thereafter occur or become effective. Moreover, Bond Counsel's opinion is not a guarantee of a particular result, and is not binding on the Internal Revenue Service or the courts; rather, such opinion represents Bond Counsel's professional judgment based on its review of existing law, and in reliance on the representations and covenants that Bond Counsel deems relevant to such opinion. Bond Counsel's opinion expresses the professional judgment of the attorneys rendering the opinion regarding the legal issues expressly addressed therein. By rendering its opinion, Bond Counsel does not become an insurer or guarantor of the result indicated by that expression of professional judgment, of the transaction on which the opinion is rendered, or of the future performance of the County, nor does the rendering of such opinion guarantee the outcome of any legal dispute that may arise out of the transaction. Original Issue Discount. As indicated on the inside cover page, the 2023A Bonds maturing on November 1, 20 (the "OID Bonds"), are being sold at initial offering prices which are less than the principal amount payable at maturity. Under the Code, the difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of each maturity of the OID Bonds is sold and (b) the principal amount payable at maturity of such OID Bonds, constitutes original issue discount treated as interest which will be excluded from the gross income of the owners of such OID Bonds for federal income tax purposes. In the case of an owner of an OID Bond, the amount of original issue discount on such OID Bond is treated as having accrued daily over the term of such OID Bond on the basis of a constant yield compounded at the end of each accrual period and is added to the owner's cost basis of such OID Bond in determining, for federal income tax purposes, the gain or loss upon the sale, redemption or other disposition of such OID Bond (including its sale, redemption or payment at maturity). Amounts received upon the sale, redemption or other disposition of an OID Bond which are attributable to accrued original issue discount on such OID Bonds will be treated as interest exempt from gross income, rather than as a taxable gain, for federal income tax purposes, and will not be a specific item of tax preference for purposes of the federal alternative minimum tax. However, it should be noted that the original issue discount that accrues to an owner of an OID Bond may result in other collateral federal income tax consequences for certain taxpayers in the year of accrual. Original issue discount is treated as compounding semiannually at a rate determined by reference to the yield to maturity of each individual OID Bond. The amount treated as original issue discount on an OID Bond for a particular semiannual accrual period is equal to (a) the product of (i) the yield to maturity for such OID Bond (determined by compounding at the close of each accrual period) and (ii) the amount which would have been the tax basis of such OID Bond at the beginning of the particular accrual period if held by the original purchaser, less (b) the amount of interest payable on such OID Bond during the particular accrual period. The tax basis is determined by adding to the initial public offering price on such OID Bond the sum of the amounts which have been treated as original issue discount for such purposes during all prior accrual periods. If an OID Bond is sold between semiannual compounding dates, original issue discount which would have accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of the OID Bonds who subsequently purchase any OID Bonds after the initial offering or at a price different from the initial offering price during the initial offering of the 2023A Bonds. Owners of OID Bonds should consult their own tax advisors with respect to the precise determination for federal and state income tax purposes of the amount of original issue discount accrued upon the sale, redemption or other disposition of an OID Bond as of any date and with respect to other federal, state and local tax 16 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 60 consequences of owning and disposing of an OID Bond. It is possible that under the applicable provisions governing the determination of state or local taxes, accrued original issue discount on an OID Bond may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment attributable to such original issue discount until a later year. Original Issue Premium. As indicated on the inside cover page, the 2023A Bonds maturing on November 1, 20 (the "Premium Bonds"), are being sold at initial offering prices which are in excess of the principal amount payable at maturity. The difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of the Premium Bonds is sold and (b) the principal amount payable at maturity of such Premium Bonds constitutes original issue premium, which original issue premium is not deductible for federal income tax purposes. In the case of an owner of a Premium Bond, however, the amount of the original issue premium which is treated as having accrued over the term of such Premium Bond is reduced from the owner's cost basis of such Premium Bond in determining, for federal income tax purposes, the taxable gain or loss upon the sale, redemption or other disposition of such Premium Bond (whether upon its sale, redemption or payment at maturity). Owners of Premium Bonds should consult their tax advisors with respect to the determination, for federal income tax purposes, of the "adjusted basis" of such Premium Bonds upon any sale or disposition and with respect to any state or local tax consequences of owning a Premium Bond. CONTINUING DISCLOSURE The County agrees in the Contract, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC"), to provide to the Municipal Securities Rulemaking Board (the "MSRB"): (a) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2023, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (b) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2023, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY — DEBT INFORMATION" and "— TAx INFORMATION" (including subheadings thereunder) in Appendix A to this official statement (excluding any information on overlapping or underlying units). (c) in a timely manner not in excess of 10 Business Days after the occurrence of the event, notice of any of the following events with respect to the 2023A Bonds: principal and interest payment delinquencies; 2. non-payment related defaults, if material; 3. unscheduled draws on debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 17 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 61 substitution of any credit or liquidity providers, or their failure to perform; 6. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material events affecting the tax status of the 2023A Bonds; 7. modifications of the rights of the Beneficial Owners of the 2023A Bonds, if material; call of any of the 2023A Bonds, if material, and tender offers; defeasance of any of the 2023A Bonds; 10. release, substitution, or sale of any property securing repayment of the 2023A Bonds, if material; 11. rating changes; 12. bankruptcy, insolvency, receivership or similar event of the County; 13. the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; 14. appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect securities holders, if material; 16. default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (d) in a timely manner, to the MSRB, notice of a failure of the County to provide required annual financial information described in (a) or (b) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees in the Contract that its undertaking described above is intended to be for the benefit of the Owners and the beneficial owners of the 2023A Bonds and is enforceable by the Trustee or by any of them, including an action for specific performance of the County's obligations described above, but a failure to comply will not be an Event of Default under the Contract and will not result in acceleration of the principal component of Installment Payments. An action must be instituted, had and 18 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 62 maintained in the manner provided in the Contract for the benefit of all of the Owners and beneficial owners of the 2023A Bonds. At present, Section 159-34 of the General Statutes of North Carolina requires the County's financial statements to be prepared in accordance with generally accepted accounting principles and to be audited in accordance with generally accepted auditing standards. Pursuant to the Contract, the County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (b) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of this Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; and (c) any such modification does not materially impair the interest of the Owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the Owners of a majority in principal amount of the 2023A Bonds pursuant to the Indenture as may be amended from time to time. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the SEC in lieu of the manner described above. The undertaking described above will terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest with respect to the 2023A Bonds. Over the past five years, the County has, to the best of its knowledge, complied in all material respects with its continuing disclosure obligations pursuant to the Rule. The Underwriter has agreed to purchase the 2023A Bonds at a purchase price that reflects an Underwriter's discount of $ . The Underwriter is committed to take and pay for all of the 2023A Bonds if any are taken. The Underwriter may offer and sell the 2023A Bonds to certain dealers (including dealers depositing the 2023A Bonds into investment trusts) and others at prices different from the initial public offering prices stated on the inside cover page hereof. The public offering prices may be changed from time to time by the Underwriter. PNC Capital Markets LLC and PNC Bank, National Association are both wholly -owned subsidiaries of PNC Financial Services Group, Inc. PNC Capital Markets LLC is not a bank, and is a distinct legal entity from PNC Bank, National Association. PNC Capital Markets LLC may offer to sell to its affiliate, PNC Investments, LLC ("PNCI"), securities in PNC Capital Markets LLC's inventory for 19 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 63 resale to PNCI's customers. PNC Bank, National Association has banking and financial relationships with the County. RATINGS Moody's Investors Service, Inc. ("Moody's") and S&P Global Ratings, a business unit of Standard & Poor's Financial Services LLC ("S&P" ), have assigned independent underlying ratings of " " and " ," respectively, to the 2023A Bonds. Such ratings reflect only the view of Moody's and S&P at the time the ratings were given, and neither the County nor the Underwriter make any representations as to the appropriateness of such ratings. The ratings are not a recommendation to buy, sell or hold the 2023A Bonds and should be evaluated independently. There is no assurance that such ratings will not be withdrawn or revised downward by Moody's or S&P. Any such action may have an adverse effect on the market price of the 2023A Bonds. Neither the County nor the Underwriter have undertaken any responsibility after the execution and delivery of the 2023A Bonds to assure maintenance of the ratings or to oppose any such revision or withdrawal. FINANCIAL ADVISOR First Tryon Advisors has served as financial advisor (the "Financial Advisor") to the County with respect to the sale of the 2023 Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the 2023A Bonds is contingent on the issuance and delivery of the 2023A Bonds. The Financial Advisor is not obligated to undertake, and has not undertaken, either to make an independent verification of or to assume responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement and the appendices thereto. MISCELLANEOUS All quotations from and summaries and explanations of the Contract, the Deed of Trust and the Indenture contained herein or in Appendix C hereto do not purport to be complete, and reference is made to such documents for full and complete statements of their respective provisions. The Appendices attached hereto are a part of this Official Statement. The information contained in this Official Statement has been compiled or prepared from information obtained from the County and other sources deemed to be reliable and, although not guaranteed as to completeness or accuracy, is believed to be correct as of this date. Any statements involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. The form, terms and content of this Official Statement and its use by the Underwriter in connection with the sale of the 2023A Bonds have been duly authorized by the Board of Commissioners of the County. [The remainder of this page left intentionally blank] 20 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 64 APPENDIX A THE COUNTY OF NEW HANOVER Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 65 APPENDIX B MANAGEMENT'S DISCUSSION AND ANALYSIS AND THE BASIC FINANCIAL STATEMENTS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 66 APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 67 APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 68 APPENDIX E BOOK ENTRY ONLY SYSTEM Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 69 APPENDIX E BOOK ENTRY ONLY SYSTEM The Depository Trust Company a subsidiary of The Depository Trust & Clearing Corporation The Depository Trust Company ("DTC'), New York, NY, a subsidiary of the Depository Trust Company & Clearing Corporation, will act as securities depository for the 2023A Bonds (the "2023A Bonds"). The 2023A Bonds will be issued as fully -registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully -registered bond will be issued for each maturity of the 2023A Bonds, in the aggregate principal component amount of such maturity, and will be deposited with DTC. SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE 2023A Bonds, AS DTC's PARTNERSHIP NOMINEE, REFERENCE HEREIN TO THE OWNERS OR REGISTERED OWNERS OF THE 2023A Bonds SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE 2023A Bonds. DTC, the world's largest securities depository, is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of the 2023A Bonds. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC'). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating: of AA+. The DTC rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of 2023A Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2023A Bonds on DTC's records. The ownership interest of each actual purchaser of the 2023A Bonds ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests with respect to the 2023A Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive bonds representing their ownership interests in 2023A Bonds, except in the event that use of the book - entry system for the 2023A Bonds is discontinued. E-1 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 70 To facilitate subsequent transfers, all 2023A Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of 2023A Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2023A Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such 2023A Bonds arc credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of 2023A Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the 2023A Bonds, such as prepayments, tenders, defaults, and proposed amendments to the security documents. For example, Beneficial Owners of 2023A Bonds may wish to ascertain that the nominee holding the 2023A Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Prepayment notices shall be sent to DTC. If less than all of the 2023A Bonds within an issue are being prepaid, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be prepaid. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to 2023A Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Trustee as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts 2023A Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). BECAUSE DTC IS TREATED AS THE OWNER OF THE 2023A BONDS FOR SUBSTANTIALLY ALL PURPOSES UNDER THE INDENTURE, BENEFICIAL OWNERS MAY HAVE A RESTRICTED ABILITY TO INFLUENCE IN A TIMELY FASHION REMEDIAL ACTION OR THE GIVING OR WITHHOLDING OF REQUESTED CONSENTS OR OTHER DIRECTIONS. IN ADDITION, BECAUSE THE IDENTITY OF BENEFICIAL OWNERS IS UNKNOWN TO THE COMMISSION, TO THE COUNTY, TO DTC OR TO THE TRUSTEE, IT MAY BE DIFFICULT TO TRANSMIT INFORMATION OF POTENTIAL INTEREST TO BENEFICIAL OWNERS IN AN EFFECTIVE AND TIMELY MANNER. BENEFICIAL OWNERS SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH THEIR BROKER OR DEALER REGARDING DISTRIBUTION OF INFORMATION REGARDING THE 2023A BONDS THAT MAY BE TRANSMITTED BY OR THROUGH DTC. E-2 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 71 Prepayment proceeds, distributions, and Installment Payments on the 2023A Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from Trustee, on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, the County or the Commission, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of prepayment proceeds, distributions, and Installment Payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the Trustee's responsibility; disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. THE COMMISSION AND THE COUNTY CANNOT AND DO NOT GIVE ASSURANCE THAT DIRECT AND INDIRECT PARTICIPANTS WILL PROMPTLY TRANSFER PAYMENTS TO BENEFICIAL OWNERS. DTC may discontinue providing its services as depository with respect to the 2023A Bonds at any time by giving reasonable notice to the Commission, the County and the Trustee. Under such circumstances, in the event that a successor depository is not obtained, 2023A Bond certificates are required to be printed and delivered. The Commission or the County may decide to discontinue use of the system of book -entry -only transfers through DTC (or a successor securities depository). In that event, 2023A Bond certificates will be printed and delivered to DTC. The information in this Appendix E concerning DTC and DTC's book -entry system has been obtained from sources the Commission and the County believe to be reliable, but the Commission and the County take no responsibility for the accuracy thereof. THE COMMISSION, THE COUNTY AND THE TRUSTEE HAVE NO RESPONSIBILITY OR OBLIGATION TO DTC, THE DIRECT PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS WITH RESPECT TO (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY PARTICIPANT, OR THE MAINTENANCE OF ANY RECORDS; (2) THE PAYMENT BY DTC OR ANY PARTICIPANT OF ANY AMOUNT DUE TO ANY BENEFICIAL OWNER IN RESPECT OF THE 2023A BONDS, OR THE SENDING OF ANY TRANSACTION STATEMENTS; (3) THE DELIVERY OR TIMELINESS OF DELIVERY BY DTC OR ANY PARTICIPANT OF ANY NOTICE TO ANY BENEFICIAL OWNER WHICH IS REQUIRED OR PERMITTED UNDER THE INDENTURE TO BE GIVEN TO OWNERS; (4) THE SELECTION OF THE BENEFICIAL OWNERS TO RECEIVE PAYMENTS UPON ANY PARTIAL PREPAYMENT OF THE 2023A BONDS; OR (5) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC OR ITS NOMINEE AS THE REGISTERED OWNER OF THE 2023A BONDS, INCLUDING ANY ACTION TAKEN PURSUANT TO AN OMNIBUS PROXY. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources the Commission and the County believe to be reliable, but the Commission and the County take no responsibility for the accuracy thereof. E-3 #225788177 v2 Board of Commissioners - August 21, 2023 ITEM: 15- 3 - 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/21/2023 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Bill Rivenbark CONTACT(S): Kym Crowell, Clerk to the Board SU BJ ECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County Board of Examiners of Electricians • New Hanover County Board of Mechanical Examiners • New Hanover County/City of Wilmington Workforce Housing Advisory Committee • New Hanover County Library Advisory Board • New Hanover County Non -County Agency Funding Committee • Parks Conservancy of New Hanover County, I nc. Board of Directors STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: New Hanoeer County Board of Examiners of Electricians New Hanowr County Board of Mechanical Examiners New Hanoeer County/City of Wilmington Workforce Housing Ad\isory Committee New Hanoeer County Library AdNsory Board New Hanoeer County Non -County Agency Funding Committee Parks Conservancy of New Hano\,er County, Inc. Board of Directors COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve appointments. Board of Commissioners - August 21, 2023 ITEM: 16 COMMISSIONERS' ACTIONS: New Hanover County Board of Examiners of Electricians Russell Carlson and Charles Harrell - reappointed (5-0) New Hanover County Board of Mechanical Examiners Donald Lewis and Devin Skipper - reappointed (5-0) New Hanover County/City of Wilmington Workforce Housing Advisory Committee Sharm Brantley, Tom Gale - reappointed (5-0) and Erica Barnett - appointed (5-0) New Hanover County Library Advisory Board Scott Dodd - reappointed (5-0) Ann Clinton, Erin Cogan, Tammy Heuring and Harriet Smith - appointed (5-0) New Hanover County Non -County Agency Funding Committee Shane Hartley - reappointed (5-0) Parks Conservancy of New Hanover County, Inc. Board of Directors Nivine Richie - appointed (5-0) Board of Commissioners - August 21, 2023 ITEM: 16 COMMITTEE APPOINTMENTS New Hanover County Board of Examiners of Electricians Vacancies: 2 Term: 2 years, expiring 9/1/2025 Attachments: Committee Information Sheet Attendance Records Application Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 1 Lou, Melissa From: Gray, Randal Sent: Monday, August 7'2U2312:01 PM To: Long, Melissa Subject: Journeyman Melissa, Charles Harrell has not been a member and has not attended any meetings. Russ Carlson has attended mostmeetings which are usually the 2nd or 3rd Thursday every -other month. Thanks, Randal Randal Gray Chief Code Compliance Official New Hanover County - Building Safety 230 Government Center Drive, Suite 170 Wilmington, NC 28403 Board ofCommissioners August 21.2023 NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS Number of Members: 5 consisting of 1 Chief County Electrical Inspector, 2 Independent Electrical Contractors, 1 Electrical Contractor Nominee by Power Company, 1 Electrical Contractor nominated by the County Division of N.C. Association of Electrical Contractors Regular Meetings: Meetings are held as required usually every two months in the office of the County's Chief Electrical Code Enforcement Official at the County Government Center, 230 Government Center Drive, Wilmington. Compensation: None Term of Office: 2 years - may be reappointed Statute or Cause Creating Board: New Hanover County Code, Chapter 11, Article 4, Section 11- 241 Brief on the Functions: The primary purpose of this Board is to issue certificates of competence to Journeyman Electricians and Apprenticeship cards to new electrician helpers. The Board establishes minimum journeyman standards and issues certificates to those passing a written examination. Generally, recognition is given to Journeyman certificates issued by other jurisdictions. TERM OF OFFICE._-_ CURRENT MEMBERS CATEGORY --... —_ -� APPOINTMENT EXPIRATION Russell F. Carlson al r Independent First 11/16/15 9/1/17 5326 Autumn Drive OVX)LI Electrical Second 8/21/17 9/1/19 Wilmington, NC 28409 —�u vy l I Contractor Third 9/16/19 9/1/21 910-520-6638 (H/C) 910-520-3722 (W) Fourth 9/20/21 9/1/23 Charles Harrell Independent Unexpired 6/19/23 9/1/23 6573 Murrayville Road Electrical Wilmington, NC 28411 910-279-3341 Contractor 0251r�5 (CNV) , Eddie Richards NC Assoc. 8734 Lowes Island Drive Nominee Wilmington, N.C. 28411 910-231-8567 Kris Tucker Power Duke Energy Company 1451 Military Cutoff Rd. Nominee Wilmington, NC 28403 910-509-7348 (W) Staff Support: Randal Gray, Chairman Chief Electrical Code Compliance Official File: /Electricians New Hanover County Building Safety Government Center Drive, Suite 110 Revised 06/2023 910-798-7323 Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 3 Longi, Melissa From: noreply@civicplus.com06�y-e<;' Sent: Wednesday, August 2, 2023 9:52 PM To: Crowell, Kym; Long, Melissa � Subject: Online Form Submission #4819 for Board and Committee Alplplicat*nr Extei nay Il:ii naH: Do not din: < lunlks, (Ten attachunn.Mnts, or ii'q3ly WIt ll YOU know'ull us safe a Board and Committee Application Board or Committee Being New Hanover County Examiners of Electricians Board Applied to Board of Examiners of Independent electrical contractor Electricians Categories First Name Russell Last Name Carlson Email u ce�trq ai a,��r o.com Home Phone 910-520-6638 Cell Phone Field not completed. Business Phone 910-520-3722 Fax Field not completed. Home Address 6131 Tarin Road City Wilmington State NC Zip Code 28409 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 41 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 4 Personal information collected below is to assure a cross-section of the community is represented. Gender Race Age Occupation Applicant's Employer Professional Activities Volunteer Activities Why do you wish to serve on this board or committee? What areas of concern would you like to see addressed by this committee? Qualifications for serving Other municipal or county boards / committees on which you are serving Do you have a family member employed by New Hanover County? Male White 44 Electrical contractor RFC Electrical Service Inc. Electrician Board member I've been on the board for many terms now and would like to continue. I enjoy working with the Chief electrical inspector and the other board members to get qualified journeymen to perform electrical installations in our county. I believe it is vitally important for the safety of our community. Continuing the requirements for a journeymen's license for residential and commercial electrical jobs. I've been in the electrical field for 26 years and owned my business for 20 years. None Im List three local personal references and phone numbers Reference 1 Seth Burgess Reference 1 Phone 910-547-6836 Reference 2 Walt Rager Reference 2 Phone 910-398-3131 2 Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 5 Reference 3 Joe McNamara Reference 3 Phone 843-655-6134 Additional comments Field not completed. Upload additional Field not completed. information Date 8/2/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? Vl ew mitwlin,yQur 16ro se(. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 6 Lon, Melissa From: noreply@civicplus.com D�s;�QS Q of �rAUAl Sent: Sunday, July 9, 2023 10:47 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4369 for Board and Committee Application terw aEmail: (":) not cAck finks, open n ttad.YIIimeIII s, (�)II V 'a' untd (":')Iiu kirx�)w it is sa fi: Board and Committee Application Board or Committee Being New Hanover County Examiners of Electricians Board Applied to Board of Examiners of Independent electrical contractor Electricians Categories First Name Charles Last Name Harrell Email calhairreluelectdc gc„irr.con2 Home Phone 910-279-3341 Cell Phone 9102793341 Business Phone 9103950717 Fax Field not completed. Home Address 6573 Murrayville Road City Wilmington State nc Zip Code 28405 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 62 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 7 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race WHITE Age 62 Occupation Electrical Contractor Applicant's Employer CA Harrell Electrical Services, Inc Professional Activities Serving on the previously expired term for this committee for the Board of New Hanover County Electrical Examiners Volunteer Activities Church committee's Why do you wish to serve To assist in the knowledge and training of out next generation on this board or of local electricians in our community committee? What areas of concern update local journeyman qualifications to state level would you like to see addressed by this committee? Qualifications for serving Have been a local electrical contractor in the area for over 30 years Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Bennett Potter Reference 1 Phone 910-520-6684 Reference 2 Brad Shoaf Reference 2 Phone 910-660-1850 2 Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 8 Reference 3 Randal Gray Reference 3 Phone 910-660-1791 Additional comments Field not completed. Upload additional Field not completed. information Date 7/9/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View ft ki ou it browseir. Board of Commissioners - August 21, 2023 ITEM: 16- 1 - 9 COMMITTEE APPOINTMENT New Hanover County Board of Mechanical Examiners Vacancies to appoint at this time: • 2 — Mechanical Contractor Terms: 2 years, expiring 8/31/25 Note: Advertising is ongoing for the Class II Journeyman Mechanic vacancy. Attachments: Committee Information Sheet Application Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 1 NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS Number of Members: 6 appointed by the Board of Commissioners as follows: 2 mechanical contractors 1 person experienced in gas piping installations 1 person experienced in commercial grease extractor systems 1 person experienced in heat, ventilation and air Conditioning installations 1 N. C. Registered Mechanical Engineer Terms of Office: 2 years Qualifications: Each member shall have a minimum of five years of experience in his or her representative field. Compensation: none Regular Meetings: The Board shall meet after each examination, but not less than twice a year. Statute or cause creating Board: General Statutes 160D-Article 11, New Hanover County Code Chapter 11, Buildings and Building Regulations, Article VI, Regulation of Mechanical Work. Brief on Functions: To issue certificates to all persons who (1) provide satisfactory evidence to the Board regarding their training and education; (2) pass an examination administered by the Board, and (3) provide evidence of two years of experience in their perspective fields. To administer written or oral examination quarterly on the first Tuesday.in January, April, July and October. The Board may revoke certificates and reinstate certificates in accordance with the County Code. CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Michael A. Callari Class I First 10/15/12 8/31/14 502 Green Meadows Drive Journeyman Second 9/15/14 8/31/16 Wilmington, NC 28405 Mechanic Third 2/20/17 8/31/18 910-279-0124 (C) 910-392-2030 (W) Fourth 10/1/18 8/31/20 Fifth 2/15/21 (8/2020) 8/31/22 Sixth 7/17/23 (8/2022) 8/31 /24 Thomas L. Crittenden Jr. Class III First 8/16/04 8/31/06 1144 Princeton Drive Journeyman Second 8/14/06 8/31/08 Wilmington, NC 28403 Mechanic Third 9/22/08 8/31/10 910-763-4025 (H) 910-343-9262 (W) Fourth 9/20/2010 8/31/12 Fifth 10/15/12 8/31/14 Sixth 9/15/14 8/31/16 Seventh 2/20/17 8/31/18 Eighth 10/1/18 8/31/20 Ninth 2/15/21 (8/2020) 1 8/31/22 Tenth 7/17/23 (8/2022) 8/31/24 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 2 NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS (CONT.) CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Steven Everhart NC First 2/15/21 8/31/22 528 Middle Sound Loop Rd. Registered (08/2020) 8/31/24 Wilmington, NC 28411 Mechanical Second 8/22/22 910-617-3621 (H) 910-270-3747 (W) Engineer Donald K. Lewis Mechanical First 8/21/17 8/31/19 1106 Tewkesbury Court Contractor Second 8/12/19 8/31 /21 Wilmington, NC 28411 Third 10/18/21 8/31/23 910-798-9976 (H) 910-515-5599 (C) -dr}-t v.IrrYl Devin Skipper Mechanical First 1/24/22 8/31/23 1702 Lincoln Road Contractor (08/2021) Wilmington, NC 28405 910-619-6798 (C) 910-777-3539 (W)O VACANT Class II 8/31/24 Journeyman Mechanic Staff Contact: File: \Mechanical Hans Schult, Inspections Director Revised 07/2023 Building Safety Department 230 Government Center Drive, Suite 110 Wilmington, NC 28403 798-7008 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 3 Lonq, Melissa From: noreply@civicplus.com Sent: Monday, July 10, 2023 2:05 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4388 for Board and Committee Application Exteunau l II n,ia ll: Do not u.IhclW Vounll<; , qu )(?in MuurUichi°nein s, (.uuM o-°q� )I I uuu°n°t ll YOU II<IOW ft ii�3 `kc'ffi:' Board and Committee Application Board or Committee Being New Hanover County Mechanical Board of Examiners Applied to Board of Mechanical Mechanical contractor Examiners Categories First Name Donald Last Name Lewis Email com y „ n,o�cg!M 11.................. Home Phone 910-515-5599 Cell Phone 9105155599 Business Phone 9105155599 Fax Field not completed. Home Address 1106 Tewkesbury Court City WILMINGTON State North Carolina Zip Code 28411 Mailing Address (if different Field not completed. from home address) City WILMINGTON State North Carolina Zip Code 28411 Years Living in New 50 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 4 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 78 Occupation Retired Applicant's Employer N/A Professional Activities Provide load calculations for HVAC contractors. Assist Building and HVAC contractors to help determine moisture and hvac installation problems. Volunteer Activities Involved in many areas of my Church. Assist Seniors with small repairs on their homes. Why do you wish to serve I feel like with my experience and knowledge of most of the on this board or trades I can contribute to areas the board might get involved. committee? What areas of concern Field not completed. would you like to see addressed by this committee? Qualifications for serving NC active HVAC License H-2 H-3 Overall knowledge of building science. Work with HVAC contractors and Builders on a weekly basis. Other municipal or county CFCC Advisory Board for Electrical boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Lloyd Prince Reference 1 Phone 910-279-5330 Reference 2 William Thompson 2 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 5 Reference 2 Phone 910-740-0984 Reference 3 Justin Anderson Reference 3 Phone 910-619-5817 Additional comments Field not completed. Upload additional Field not completed. information Date 7/10/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? iiew litlit'iin��a�ouk�bro pihm Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 6 Lonq, Melissa From: noreply@civicplus.com Sent: Thursday, August 3, 2023 12:42 PM t To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4835 for Board and Committee Application Exteri na➢ Il �niaik Do not dlk:J< IIoinks, open attach�nerots, or repl t,ind YOU kriow it urn safe Board and Committee Application Board or Committee Being Applied to Board of Mechanical Examiners Categories First Name Last Name Email Home Phone Cell Phone Business Phone New Hanover County Mechanical Board of Examiners Mechanical contractor Devin Skipper d vjn ll?iruric.c m 9106196798 9106196798 9107773539 Fax Field not completed. Home Address 1702 Lincoln Road City Wilmington State NC Zip Code 28403 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 23 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 7 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race Caucasian Age 38 Occupation HVAC Applicant's Employer Salt Air, Inc. Professional Activities HVAC Volunteer Activities Wilmington Area Rebuilding Ministries Ducks Unlimited Why do you wish to serve I believe I can learn a tremendous amount from the members on this board or of this board, gain a higher understanding of the examiner's committee? operations and give back to an industry that has provided me with great opportunity! What areas of concern Contractor Relations would you like to see addressed by this committee? Qualifications for serving 17 Years of HVAC Experience 12 years as a NC H3 & H2 licensee 11 years as an owner of a mechanical contracting company Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Girard Newkirk Reference 1 Phone 9102289331 Reference 2 Rob Warwick 2 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 8 Reference 2 Phone 9102338888 Reference 3 Ryan Short Reference 3 Phone 9103676419 Additional comments I appreciate your consideration for reappointment. Upload additional Field not completed. information Date 8/3/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? btu w,.,mut lin2U tupW;i ir. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 2 - 9 COMMITTEE APPOINTMENT NHC/City of Wilmington Workforce Housing Advisory Committee Vacancies to appoint and terms are as follows: 1— Cape Fear REALTORS Representative 3 years, expiring 8/31/26 1— Financial Community 3 years, expiring 8/31/26 1— Non -Profit Housing Community 3 years, expiring 8/31/26 _..... ......._. g _........... Eligible For . . Applicant Reappointment Category Nominations Erica Barnett Non -Profit Housing Community Sharm Brantley X Financial Community Tom Gale ......... .....m.... . _ X Cape Fear REALTORS _ ................ - .. _ . Representative _...... ........... _ _..m..... .. Roger Gins Non -Profit Housing .. ...... _-.-.. _.... .. .... - Community _.._.,,, n„ity....... ___,. Attachments: Committee Information Sheet Attendance Records Applications Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 1 Month Sharm Brantley Tom Gale Melanie James 20 August 2020 J September 2020 X ✓ October 2020 J ✓ November 2020 X X _._—.. December 2020 ✓ ..... -_....................... ..... 1/ 2021 January 2021 J �/ February 2021 J ✓ March 2021 April 2021 ...�... ✓ __ .....� ..... ......... ✓ . ..�. � ......... ��...... ✓ May 2021 J J ✓ June 2021 X ✓ ✓ July 2021 ............ ✓ ✓ ✓ August 2021 X ✓ ✓ September 2021 No meeting held October 2021 J .. November 2021 J ✓ ✓ December 2021 ......................... _.. 2022 January 2022 X .._.___ ....... February 2022 ✓ _�.... ........... ._. .......�. ✓ ✓ March 2022 ,/ �... �/ 6 X April 2022 �/ �/ I/ May 2022 _ ............ ✓ _..__.......................... ✓ X June 2022 �/ X July 2022 No meeting held August 2022 _._.....�........... X ......... �.......... _ ... �.. �..... September 2022 m.. October 2022 ,/ ._.... .._. .��. .. ✓ _ ✓ November 2022 _.......,.... December 2022 ....... ...... `�..,m .... 2023 January 2023 ✓ mm.... ✓ ✓ February 2023 ✓ ............... ✓ ✓ March 2023 ✓ ✓ X April 2023 ............. �/ _ ........ X X May 2023 m ......... X . ............. ....... _ J - . X June 2023 ✓ .... ....�_ _..... ..v... 1/ _.... X July 2023 No meeting August 2023 ✓ J X Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 2 NEW HANOVER COUNTY/CITY OF WILMINGTON WORKFORCE HOUSING ADVISORY COMMITTEE Number of Members: 13 members 1 Chair of the Community Relations Advisory Committee 6 appointed by County Commissioners: 1 for each of the following categories: At -Large, Business/Education Community, Cape Fear REALTORS® Representative, Development Community, Financial Community, and Non -Profit Housing Community 6 appointed by Wilmington City Council: 1 for each of the following categories: At -Large, Business/Education Community, Cape Fear REALTORS® Representative, Development Community, Financial Community, and Non -Profit Housing Community Terms: Staggered initially; 3 years thereafter; no member shall serve more than two (2) full consecutive terms, unless there is a break of at least one (1) full term between appointments, excepting the Chairman of the Community Relations Advisory Committee, whose term shall endure so long as the appointee is the Chair of the Community Relations Advisory Committee. Regular Meetings: First Wednesday of every month at 3:00 p.m. in Conference Room 138 at the County Government Center, 230 Government Center Dr., Wilmington, NC. Statute or cause creating Board: BOCC bylaws and interlocal agreement adopted June 17, 2019. Brief on the functions: The Committee shall be organized for the purpose of developing a comprehensive workforce housing study, workforce housing opinion study and public awareness campaign, support for increasing equitable access and the supply of workforce housing that is affordable; informing the Appointing Authorities and other organizations of their findings; and making recommendations, in an advisory capacity, to the Appointing Authorities and other organizations, as necessary. The Committee shall have the following duties: 1. To procure a workforce housing study and public opinion study and conduct a public awareness campaign on the topic of workforce housing. 2. To recommend, in an advisory capacity, to the Appointing Authority necessary procedures, programs, or policies to promote workforce housing. 3. To provide the appointing authorities with an annual written report or presentation. 4. To conduct any other duties as assigned or requested by the governing Boards. ** The six (6) members of this committee appointed by the New Hanover County Board of Commissioners and the Chair of the Community Relations Advisory Committee will also serve on the Housing Grant Selection Committee as needed. CURRENT MEMBERS Shamonique Brantley, Chair 4506 Dean Dr. Wilmington, NC 28405 910-769-8335 (H) 910-352-5782 (C) Tom Gale, Vice -Chair 8715 New Forest Dr. Wilmington, NC 28411 910-541-1001 (C) TERM OF OFFICE CATEGORY APPOINTMENT EXPIRATION Financial CommunityUnexpired 8/12/19 8/31/20 First 8/24/20 8/31/23 Cape Fear REALTORS® First 8/24/20 8/31/23 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 3 NEW HANOVER COUNTY/CITY OF WILMINGTON WORKFORCE HOUSING (CONT.) ..... .. . _...... ... ....... R. Frank Smith, Jr. ..... ......... ...... ---- ,,,___ 322 Causeway Dr., 707 Development First 8/12/19 8/31/21 Wrightsville Beach, NC 28480 Community Second 8/23/21 8/31/24 910-256-0065 (H) 910-616-2857 (C). _ ______u..... .... _. Melanie James 616 Culler Court Non -Profit Housing Unexpired 8/31/23 Wilmington, NC 28409 910-617-5999 399-7563 Community 4/19/2021 ��� (C) 910 _....... _ - .:r.. V1✓m. Kristen Keser 6204 Shire Lane Business/Education First 8/23/21 8/31/24 Wilmington, NC 28411 Community 910-632-9613 (H) 703-403-5525 (C) Edwrin Sutton 204 Arcadian Row, Apt. 207 At -Large Unexpired 8/31/24 Wilmington, NC 28412 5/16/22 910-508-0685 City of Wlifin'llngtori Members Eric Knight 2142 Washington Street Cape Fear Unexpired 8/20/21 Wilmington, NC 28401 REACTORS® Representative 6/15/21 First 9/7/21 8/20/24 910-367-2253 (C) .. .... Katrina Knight 2007 Wrightsville Ave. Non -Profit Housing First 8/20/19 8/31/21 Wilmington, NC 28403 Community Second 9/7/21 8/20/24 910-520-8602 (C) 763-442, x104 (W) ........ ......._....... n..... Katrina Redmon 2506 Exhibit Court At -Large First 8/20/19 8/20/21 Wilmington, NC 28412 Second 9/7/21 8/20/24 910-234-8996 (C)"341-7700 x224 (W) Paul Stavovy 4202 Park Ave. Development First 8/20/19 8/20/20 Wilmington, NC 28403 Community First 8/18/20 8/20/23 910-619-1074 (C) 910-218-0022 (W) -- . . .... ........... ... . . ..... ........ Sarah Arthur 2507 Delaney Avenue Business/Education Unexpired 8/20/23 Wilmington, NC 28409 .................. ........ Community 5/16/2022 Michelle Jarman 3204 Kirby Smith Drive Financial Community Unexpired 8/20/23 Wilmington, NC 28409 1/17/23 910-619-3344 (C) ... Liz Carbone ...,... Chair of County/City w...,. 1.04 S. 4th St., #3 Community Relations First 7/26/22 Until no longer Wilmington, NC 28401 Advisory Committee chair 336-549-9888 (C) 910-763-4424 (W) Staff liaison: Rachel LaCoe Senior Long Range Planner 230 Government Center Dr., Ste.110 Revised: 1/2023 Wilmington, NC 28403 910-798-7442 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 4 Lonq, Melissa From: noreply@civicplus.com Sent: Tuesday, July 25, 2023 3:37 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4665 for Board and Committee Application I[xteii m:1 IE.m aH— Do n((A cfick lkinks, open l.p.a(:hirrient, oir r��� iI untflpl you know it aS safe Board and Committee Application Board or Committee Being County / City Workforce Housing Advisory Committee Applied to Workforce Housing Advisory Committee Categories First Name Erica Last Name Barnett Email e�ricaIbairnett �warrunulc�o�'n Home Phone 910-538-7457 Cell Phone Field not completed. Business Phone 910-399-7563 Fax Field not completed. Home Address 4404 Ravenwood Drive City Castle Hayne State NC Zip Code 28429 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Non -Profit Housing Community 1 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 5 Years Living in New 40 Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Race Age Occupation Applicant's Employer Female Multi -Racial 43 Program Manager Wilmington Area Rebuilding Ministry Professional Activities My role as Program Manager at WARM is to help educate homeowners and provide resources that will keep a homeowner safe and healthy in their homes. Volunteer Activities WARM Volunteer, rebuilding and repairing homes. Why do you wish to serve I believe serving on this board I can express my opinions on on this board or how I believe we can make housing more attainable and committee? affordable. It will also help build my knowledge base around workforce housing to better serve the homeowners that are requesting help from my organization. What areas of concern Continue addressing the affordable housing issues we have in would you like to see our county so that we can help the current homelessness addressed by this population. committee? Qualifications for serving I am currently working with Wilmington Area Rebuilding Ministry and our goal is to help you age in place safely and to educate a homeowner so that they can maintain and then pass their most prized investment down to their families. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers 2 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 6 Reference 1 Kim Gore Reference 1 Phone 910-297-8569 Reference 2 Kasey Vasold Reference 2 Phone 336-416-4739 Reference 3 JC Lyle Reference 3 Phone 910-540-5326 Additional comments Field not completed. Upload additional Field not completed. information Date 7/25/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? YLqut i�°n oar IluWofeu. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 7 Long.,_ Melissa U-e-st rm 6 i From: noreply@civicplus.com Sent: Tuesday, June 20, 2023 10:25 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4052 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being County / City Workforce Housing Advisory Committee Applied to Workforce Housing Financial Community Advisory Committee Categories First Name Sharm Last Name Brantley Email Sharm levelu D-strateq ies.com Home Phone 9103525782 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 4506 Dean Drive City WILMINGTON State NC Zip Code 28405 Mailing Address (if different Field not completed. from home address) City Wilmington State NC Zip Code 28405 1 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 8 Years Living in New 31 Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Race Age Occupation Applicant's Employer Female Black 50 Accountant Level Up Strategies, LLC Professional Activities As the Founder/CEO of a small boutique accounting firm, we provide strategic development and implementation, accounting, and tax services to small and mid -sized businesses across our region and beyond. Volunteer Activities I volunteer on several boards with varying focuses on housing, education, and public health. I have also volunteered at my local church for over twenty years. Why do you wish to serve As Chair of this committee, I feel we have become much more on this board or focused on the mission as outlined by the NHC Commissioners committee? and City Council in the last year. It is by this committee's recommendation we have been able to expand on current programming and increase funding to assist in the construction of more than 150 workforce housing units in our community. I came to the committee as a replacement for another's seat mid-term and would like the opportunity to continue to serve in a manner that honors our citizens with clear, effective and impactful communication with our elected officials. What areas of concern According to the latest Bowen Housing Update released in May would you like to see 2023, our housing shortage across every AMI has been addressed by this exacerbated by the Pandemic. I'd like to see our committee committee? explore a more innovative approach to our local housing crisis with a greater focus on land use, workforce development (that our citizens in the 60 AMI and under earn higher wages) and public education on exactly who 'the workforce' is and why it's important to offer some supportive measures for housing this demographic in our local community. Qualifications for serving I am a resident and business owner for NHC for some 30-plus years. I am also a mother of (6) children ranging in age from 34 2 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 9 Other municipal or county boards / committees on which you are serving Do you have a family member employed by New Hanover County? to 15 all of whom are NHC residents. My grown children; a mental health worker, firefighter, teacher, and entrepreneur reflect the face of the 'Workforce' in our community. I am uniquely qualified to serve on this committee as I am motivated by genuine care and concern for our community and its housing needs. NONE [Me List three local personal references and phone numbers Reference 1 Jonathan Barfield Reference 1 Phone (910) 233-8780 Reference 2 Glenda Tate Reference 2 Phone (910) 523-1294 Reference 3 Natalie English Reference 3 Phone (704) 968-0956 Additional comments Field not completed. Upload additional Field not completed. information Date 6/20/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in your browser, 3 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 10 Melissa From: noreply@civicplus.com Sent: Tuesday, June 27, 2023 8:02 AM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4153 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being County / City Workforce Housing Advisory Committee Applied to Workforce Housing Cape Fear REALTORS Representative Advisory Committee Categories First Name Tom Last Name Gale Email Toms TeamGale.net Home Phone 9105411001 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 8715 New Forest Dr City Wilmington State NC Zip Code 28411 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. 1 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 11 Years Living in New 18 Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 47 Occupation REALTOR Applicant's Employer Coldwell Banker Sea Coast Advantage Professional Activities 2021 Cape Fear REALTORS president, current board member of Wilmington REALTORS Foundation, current member of Cape Fear REALTORS governmental affairs committee and finance committee Volunteer Activities current Workforce Housing Advisory Committee vice chair, Cape Fear Red Cross board member Why do you wish to serve I've been passionate about supporting affordable housing for on this board or the nearly 20 years I've been a REALTOR. There is also a lot committee? to know about what the city and county are currently doing to address housing affordability and I have that historical perspective in order to be an effective member of this committee. What areas of concern There is no silver bullet to address this issue, so it takes many would you like to see different policies and partnerships to move in the right direction. addressed by this Several different things have already been implemented in the committee? last few years, but there's still more we can and need to do. Qualifications for serving endorsed by Cape Fear REALTORS as the NHC representative, local REALTOR for 18 years, active supporter of many of our local housing non -profits like Habitat for Humanity and WARM. Other municipal or county boards / committees on which you are serving Do you have a family member employed by New Hanover County? None other than currently service on this committee. No 2 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 12 List three local personal references and phone numbers Reference 1 Anne Gardner, Cape Fear REALTORS CEO Reference 1 Phone 910-762-7400 Reference 2 Lauren Mckenzie, exec director Cape Fear Habitat Reference 2 Phone 910-762-4744 Reference 3 James Jarvis, exec director Cape Fear Red Cross Reference 3 Phone 910-512-8027 Additional comments Field not completed. Upload additional Field not completed. information Date 6/27/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in your browser. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 13 Long, Melissa From: noreply@civicplus.com Sent: Friday, July 21, 2023 3:00 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4583 for Board and Committee Application Ei(termi�w i rna ll: i h'3 ru3t lucf VunIks oattw:hmetflis, or u ep[y ucull you Il:ur °err it us :w lr Board and Committee Application .Board or Committee Being County / City Workforce Housing Advisory Committee Applied to Workforce Housing Non -Profit Housing Community Advisory Committee Categories First Name Roger Last Name Gins Email raiinslik d�oii�siurn„carat Home Phone 9173048489 Cell Phone 917 304 8489 Business Phone 9108213509 Fax Field not completed. Home Address 1917 Wolcott Ave City Wilmington State NC Zip Code 28403 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. 1 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 14 Years Living in New 5 Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 69 Occupation Executive Director Applicant's Employer Backyard Housing Group Professional Activities Executive Director of the Backyard Housing Group Volunteer Activities On the board of the Cape Fear Land Trust and a past board member of Cape Fear Housing Coalition. Why do you wish to serve I am writing to express my interest in serving on the permanent on this board or joint committee on workforce housing. I am a passionate committee? advocate for wokforce housing and believe that this committee has the potential to make a real difference in the lives of many people in our community. I would like to see this committee, focus on adopting a multi - pronged approach that generates practical and sustainable solutions. Through collaboration and innovative strategies, I believe we can guide the successful implementation of these solutions and make substantial progress in meeting the housing needs of our community. What areas of concern I believe that workforce housing is essential to our community's would you like to see economic vitality. When essential workers cannot afford to live addressed by this in the communities where they work, it creates a number of committee? problems, including: • Increased traffic congestion as workers commute longer distances • A decline in the quality of education as teachers and other school staff are forced to move away • A decrease in the availability of healthcare as doctors and nurses cannot afford to live near their hospitals • A loss of businesses as employers are unable to attract and retain qualified employees 1 believe that workforce housing is essential to our community's economic vitality. When essential workers cannot afford to live in the communities where they work, it creates a number of 2 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 15 problems, including: • Increased traffic congestion as workers commute longer distances • A decline in the quality of education as teachers and other school staff are forced to move away • A decrease in the availability of healthcare as doctors and nurses cannot afford to live near their hospitals • A loss of businesses as employers are unable to attract and retain qualified employees Qualifications for serving I bring a wealth of qualifications and experience that align perfectly with the committee's objectives. With over 25 years of expertise in real estate financing and redevelopment, I have a deep understanding of the complexities involved in addressing affordable housing challenges. Throughout my career, I have had the privilege of consulting with two affordable housing organizations, one in New York and the other in Massachusetts. These experiences have given me valuable insights into effective strategies for promoting affordable housing initiatives and fostering community development. A testament to my dedication and competence is my appointment by the Governor of New York as the Chief Operating Officer (COO) and Senior Vice President of the 42nd Street Redevelopment Agency. This agency oversaw one of the State's most significant redevelopment projects, showcasing my ability to manage large-scale initiatives and bring about positive change in urban areas. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Lauren McKenzie Reference 1 Phone (704) 607-5128 Reference 2 Liz Carbone Reference 2 Phone (910) 763-4424 3 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 16 Reference 3 Steve Whitney Reference 3 Phone (585) 469-9172 Additional comments Dear City Council and New Hanover County Board of Commissioners, For a comprehensive overview of my qualifications and accomplishments, please find my attached bio, which highlights my successful track record in the field of real estate financing, redevelopment, and affordable housing advocacy. Upload additional Mo.doc information Date 7/21 /2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View i�gf,wgr brosc- 4 Board of Commissioners - August 21, 2023 ITEM: 16- 3 - 17 Roger A. Gins, Executive Director. After graduating architecture school was hired as a development project manager in Myrtle Beach, SC of a PUD on the intercoastal waterway and a strip centre in Socastee SC. After obtaining an MBA, Roger became a construction lender for one of the largest banks in New York City, now part of JP Morgan Chase. From there recruited as the Chief Executive Officer of a medium size owner and developer owning 2,000 residential units and 1.2 million of commercial space, with development projects in 3 Was then appointed by the Governor of New York State as COO and SVP of �, 2ndStreet Redevelopment Agency, one of the State's largest redevelopmen:� projects. Went on to build Habitat Technologies that brought to market "Smart Building" technology to the Multi Dwelling Unit (MDU) segment. As a real estate advisor consulted firms specializing in Project and Feasibility Planning, Redevelopment Studies, Transaction Management. Board ofCommissioners August 21.2023 8/7/23, 1:08 PM Back Yard Housing Group —Affordable Living Non-profit Welcome To Backyard Housing Group 64wARDHowNG 70 Affordable Living Enable, Incentivize and Support Homeowners to Build Affordable Living Accessorii Latest News & Events Recent Events Board of Commissioners - August 21, 2023 https://bkydhousing.org ITEM: 16- 3 - 19 1/5 8/7/23, 1:08 PM Back Yard Housing Group —Affordable Living Non-profit i (https:Hbkydhousing.org/event/ extra-incomeA Affordable Housing Workshop (https:#bkydhousing.org/event/worksh or -extra -income/) Recent News ADV SPECIA 1 IST (https:Hbkydhous i C s s 6 r l!` D w e l 1 j ngs I �4 .r��"^��,,,�lJ". Accessory Dwelling Unit (https:#bkydhousing.org/acc BENEFITS OF ADU's Board of Commissioners - August 21, 2023 https://bkydhousing.org ITEM: 16- 3 - 20 2/5 8/7/23, 1:08 PM Back Yard Housing Group —Affordable Living Non-profit CONVERT ) GARAGE ETACHED AO€ -, BASEM N`t` CONVERSION For the Home Owners • Generates Needed Income • Multi -Generation Flexibility • Potential For Live/Work Space • Presents Care Giver Opportunities • Depreciation — Tax Deduction IN ki,J"i l , . �u � ff For the Community • Option To Provide Affordable Housing (No Land Co is/Structured Incentive s� Board of commissioners - ug st 21, 2023 https://bkydhousing.org ITEM: 16- 3 - 21 3/5 8/7/23, 1:08 PM Back Yard Housing Group —Affordable Living Non-profit • Addresses Wilmington City Council Major ADU Concerns • Cities Save Costs Of New Infrastructure • Distributed rather than concentrated development projects which Minimizes environmental and social impacts • Creates Heterogeneous R R R.R • Contributes Towards Economic Development — Rental Income Stays Local 906111010 Housing Professionals have coined the phrase 'Accessory Dwelling Unit" (ADU), to describe the trend where homeowners add a detached, or attached apartment for additional income or accommodating additional family, etc.. Presented here is a program to enable, incentivize and support homeowners to build ADU's as affordable rental units For the community this means leveraging private sector resources to create a scalable solution for additional affordable housing in welcoming, multi -generational and diversified neighborhoods. Leadership: Roger A. Gins, Executive Director. After graduating architecture school was hired as a development project manager in Myrtle Beach, SC of a PUD on the intercoastal waterway and a strip center in Socastee SC. After obtaining an MBA, Roger became a construction lender for one of the largest banks in New York City, now part of JP Morgan Chase. From there recruited as the Chief Executive Officer of a medium size owner and developer owning 2,000 residential units and 1.2 million of commercial space, with development projects in 3 states. Was then appointed by the Governor of New York State as COO and SVP of 42"d Street Redevelopment Agency, one of the State's largest redevelopment projects. Went on to build Habitat Technologies that brought to market "Smart Building" technology to the Multi Dwelling Unit (MDU) segment. As a real estate advisor consulted firms specializing in Project and Feasibility Planning, Redevelopment Studies, Transaction Management. PROPOSED FINANCIAL INCENTIVE PROGRAM Accomplished by offering advantageous financing terms on mortgages through Banks' Community Reinvestment Act (CRA) commitments and other affordable housing initiatives. • Allow income from the projected rents to be included in qualifying income for the homeowner (applicant) • No lease -up risk as rents are below market • Set appraised values as the primary house plus an income producing property (ADU) and before construction to include the completed ADU in the property's value (L/V) and market rental rates for the value. • Declining prepayment penalty • Offer discounted interest rate on the mortgage • Increase cash flow to home owners between $6,000 to $11,000 • In Exchange — Restrict Rents to HUD "Affordable" Rates INSURE PROJECT SUCCESS Backyard Housing Group will provide the following services Feasibility / Pre -Qualify Homeowners • Assist In Sourcing Design Resources • Assist With Permits • Assist With The Construction Process Board of Commissioners - August 21, 2023 https://bkydhousing.org ITEM: 16- 3 - 22 4/5 8/7/23, 1:08 PM Back Yard Housing Group —Affordable Living Non-profit • Tenant Relations • Program Enforcement Email Message I'm not a robot CONTACT US Please feel free to contact us with your questions, comments and ideas. .CAPTCHA Privacy - Terms SEND 2020 Backyard Housing Group All Rights Reserved. Privacy Policy (http://privacy-policy/) Board of Commissioners - August 21, 2023 https://bkydhousing.org ITEM: 16- 3 - 23 5/5 COMMITTEE APPOINTMENTS NHC library Advisory Board Vacancies to appoint and terms are as follows: 4—At-Large 3 years, expiring 8/31/26 1— At -Large unexpired, expiring 8/31/24 Attachments: Committee Information Sheet Attendance Records Applications Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 1 NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Number of Members: 12 Term: 3 years Regular Meetings: Third Thursday every month at 1:30 p.m. at the Main Library, 201 Chestnut Street, Wilmington, NC 28401 Statute or cause creating Board: Policy for the Governing and Operation of the Library. Brief on the functions: To develop necessary policies for the efficient and responsive operation of the County's public library system. Also responsible for making recommendations to the County Manager and County Commissioners concerning the operating and capital needs of the library. Board members are expected to actively promote the library's service program; keep abreast with trends in public library development and to work for the continued improvement of library services offered by the County. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Shaun Assael First 8/23/21 8/31/24 507 Orange Street Wilmington, NC 28401 910-769-0207 (H) 917-414-0304 (C) Mary A. Baish First 8/24/20 8/31/23 1350 Tidalwalk Dr. Wilmington, NC 28409 910-769-8678 (H) 703-598-8038 (C) ati ,W , Dennis M. Conlon First 8/21/17 8/31/20 106 Blackbrook Lane Second 8/24/20 8/31/23 Wilmington, NC 28409 910-399-1597 (H) 703-628-3834 (C) Liz Carbone First 8/22/ 2 8/31/25 104 S 4t" Street #3 Wilmington, NC 28401 336-549-9888 (H) Scott Dodd Unexpired 3/18/19 8/31/20 3945 Halifax Road First 8/24/20 8/31/23 Wilmington, NC 28403 910-620-4016 (C) `t rRG -e fit, ° col i Amy Grant First 8/23/ '1 8/31/24 814 N. 3rd Street Unit 411 Wilmington, NC 28401 484-885-3037 (C) �. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 2 NEW HANOVER COUNTY LIBRARY ADVISORY BOARD (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Christine Hennessey First 8/22/22 8/31/25 306 N. 29th Street Wilmington, NC 28405 936-645-1527 (H) Cheryl Kozik First 8/23/21 8/31/24 4323 Peeble Drive Wilmington, NC 28412 910-431-4260 (C) Patricia Lawler First 8/22/22 8/31/25 602 Walnut Street Wilmington, NC 28401 910-409-6599 (H) Kevin Maurer First 9/21/20 8/31/23 3509 Amber Dr. Wilmington, NC 28409 1 d',:: 910-322-4924 (H) T7 Linda A. Miles First 8/12/11 8/31/22 801 Wild Turkey Place Second 8/22/22 8/31/25 Wilmington, NC 28405 910-239-9553 (H) 336-456-3169 (C) Ida R. Smith First 8/20/18 8/31/21 2410 Chestnut St. Second 8/23/21 8/31 /24 Wilmington, NC 28405 910-763-9136 (H) 910-520-6790 (C) Director: Dana Conners File: /Library New Hanover County Library Revised 8/2022 201 Chestnut Street Wilmington, NC 28401 910-798-6301 (Info) 910-798-6309 (Adm.) 910-798-6322 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 3 Lon , Melissa From: Conners, Dana Sent: Tuesday, August 1, 2023 11:54 AM To: Long, Melissa Subject: RE: Attendance - NHC Library Advisory Board Attendance information for Scott Dodd (from 8/24/20-present) Scott has been present at every meeting except one on 1/21/2021 and he called in and was excused from that one Thanks! Dana Conners Library Director New Hanover County - Library - Main (910) 798-6322 p 1 (910) 798-6312 f dconners@nhcgov.com 201 Chestnut Street Wilmington, NC 28401 www.NHCgov.com Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 4 Lon+q, Melissa From: noreply@civicplus.com Sent: Wednesday, July 5, 2023 4:54 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4305 for Board and Committee Application xternz:0! ErriaH- Do II"V0 'iry dick VVnV s,, ()pe,V"wll rr; t ach"nents, or V'ep�y uII, tfl' ou know it Vs safe Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Edward Last Name Caropreso Email cJ ec..rr.com Home Phone 9106202109 Cell Phone 9106202109 Business Phone 9109627830 Fax Field not completed. Home Address 201 Lansdowne Road City Wilmington State NC Zip Code 28409 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 28 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 5 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race Italian -American Age 69 Occupation Watson College of Education Faculty Applicant's Employer UNCW Professional Activities Teaching; Research/Scholarship; Service Volunteer Activities Fund raising in support of breast cancer research; treatment; education; support Why do you wish to serve As a long time NHC resident, having been an educator in the on this board or public schools as well as in higher education, I have a deep committee? and abiding interest in information access and availability. The library system has provided and should continue to provide essential support to the community in this regard. My background as both a secondary English teacher and faculty in higher education has equipped me with knowledge and skills that will support this Committee in fulfilling its goals. My professional training and experiences have prepared me to support the various needs of library patrons in our diverse community. What areas of concern Field not completed. would you like to see addressed by this committee? Qualifications for serving Over 40 years of professional experience in education across age and grade levels from early childhood to adult education. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Candace Thompson 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 6 Reference 1 Phone 8039622648 Reference 2 Dennis Walsak Reference 2 Phone 9105203325 Reference 3 Betsy Bilger Reference 3 Phone 9106202241 Additional comments Field not completed. Upload additional Field not completed. information Date 7/5/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it iui youir browser., 3 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 7 Lon , Melissa From: noreply@civicplus.com Sent: Wednesday, June 21, 2023 1:18 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4065 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Cynthia Last Name Chroman Email c nthia.isaksen -mail.com Home Phone .................. 910-547-3747 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 112 Stonehead Ct City Wilmington State NC Zip Code 28411 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 19 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 8 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White Age 36 Occupation CPA Applicant's Employer Duke University Professional Activities Field not completed. Volunteer Activities Volunteer at Ogden Elementary Why do you wish to serve Education is something that can never be taken away from on this board or you. The NHC library is the best resource for our community to committee? gain the knowledge and education needed to advance their lives and as a whole, our community. I have worked in higher education for about 10 years and see the value of books daily. I'd like to use my skills to help promote the library and ensure it is accessible to all of our community members. What areas of concern I like the progress made in accessibility (removing fines) and would you like to see would like to contribute to improved accessibility for the addressed by this community to use the library. committee? Qualifications for serving I have a strong background in policy writing, reading and interpreting from my 11 years as a CPA, 8.5 of which were at UNCW 5 of which in Internal Audit. I have strengths in procedures and efficiency, and have written numerous recommendations via audit reports. I also have state operational budget experience that would make me an asset while addressing the capital needs of the library. I also love to read and am a frequent patron of the NHC library! Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 9 Reference 1 Reference 1 Phone Reference 2 Reference 2 Phone Reference 3 Reference 3 Phone Additional comments Upload additional information Date Consent Amber Grove 724-472-7884 Holly Wigley 910-777-3395 Jeff Canoy 919-607-6813 Field not completed. Field not completed. 6/21 /2023 � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in browser. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 10 Lon, Melissa From: noreply@civicplus.com Sent: Wednesday, June 28, 2023 9:14 AM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4179 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Ann Last Name Clinton Email abav0422(a�gmail.com Home Phone 9198899930 Cell Phone 9198899930 Business Phone Field not completed. Fax Field not completed. Home Address 1351 Tidalwalk Drive City Wilmington State NC Zip Code 28409 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 3 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 11 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race Caucasian Age 41 Occupation Student Applicant's Employer Fordham University Professional Activities Interning at New Hanover Regional Medical Center in Behavioral Health Inpatient Volunteer Activities Pine Valley United Methodist Church, Camp Singletary, Urban Ministries (past), board member on Activate Good (volunteer non profit in Raleigh, past), Ronald McDonald House (past), and more Why do you wish to serve I have a passion for the library system and am beginning a on this board or masters program in social work. I think this would be a committee? wonderful opportunity to combine my two passions of books/reading/knowledge and social justice. What areas of concern would you like to see addressed by this committee? Qualifications for serving Other municipal or county boards / committees on which you are serving Do you have a family member employed by New Hanover County? More community events, raising literacy awareness in poverty stricken areas, Bachelors in Psychology, Current MSW student, past board member None IM List three local personal references and phone numbers Reference 1 Mary Alice Baish Reference 1 Phone 703-598-8038 Reference 2 Pastor Tim Reeves 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 12 Reference 2 Phone 910-876-0386 Reference 3 Debra Hooper Reference 3 Phone 919-345-5640 Additional comments Field not completed. Upload additional Field not completed. information Date 6/27/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it iny .browser. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 13 Lonq, Melissa From: application@webformsnhcgov.com on behalf of Erin Cogan <application@webformsnhcgov.com> Sent: Friday, July 1, 2022 10:21 AM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Library Advisory Board " xtei 4u Il!inaiill: Do not chck hinks, open attachments, our rep; uuntfl you know it is safe Board or Committee being applied to: New Hanover County Library Advisory Board Name Erin Cogan Email theeirJniwQQgpy@ygh ::v.comro Home Address 4704 Archer Drive Wilmington, North Carolina 28409 United States N42P .11 Mailing Address (if different from home address) 4704 Archer Drive Wilmington, North Carolina 28409 United States Home Phone (610) 772-4572 Cell Phone (856)266-4939 Years living in New Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race white Age 4 Do you have a family member employed by New Hanover County? >C fqo 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 14 What is/are their name(s)? Y I have a niece who is currently in the training stages of WPD� --• Applicant's Employer„ Occupation Professional Activities I enjoy reading with my children, and watching them grow and progress both academically and emotionally, with sports, friendships and relationships. Volunteer Activities I volunteer at my children's school a good amount. I have volunteered at my church to collect and deliver donations for those in need. Why do you wish to serve on this board or committee? ERIN R. COGAN (856) 266-4939 1 Theerinrooney@yahoo.com New Hanover County Commissioners, As an accomplished Childcare Provider with over 18 years of experience in providing nurturing care while creating safe, engaging environments, I am confident that the skills and experience I bring to the table are a perfect match for the position of Library Advisory Board member. I'm ready to hit the ground running and make a major contribution right away. During my time as a Childcare Provider, I gained valuable expertise in leadership functions, including focusing efforts on socialization skills, academic enrichment, creativity, critical thinking, and enhancing self-control. In addition, I maintained excellent communication with parents to share observations and encourage home reinforcement of activities. I pride myself on being a team player by always providing detailed information. Key achievements and skills include: • Performance Management & Providing Quality Services: Bringing an efficient and engaging methodology to documenting and process improvements through the seamless execution of operative procedures. Simultaneously managing multiple responsibilities, and strategically identifying and categorizing reporting outcomes. Meticulously developing and maintaining new initiatives based on personal research. • Leadership & Team Collaboration: Promoting teamwork and group cohesion to maximize efficiency. Delegating tasks after detailed assessment, and motivating others to achieve productivity. Keeping things running smoothly so the company can function at peak performance. Ensuring optimal workflow and communication. Providing strategic vision, guidance, and direction as needed. • Creative Problem Solving: Always predicting and creating solutions to issues before they arise through detailed study and assessment. Dealing with issues in a way that minimizes disruptions and allows an action plan to be put in place with the least possible confusion. I am certain that my experience would be a valuable asset to The New Hanover County Library Advisory Board, and I would appreciate the opportunity to speak with you further. Please contact me at your convenience to arrange an interview. Thank you for your time and I look forward to hearing from you soon. Sincerely, Erin R. Cogan What areas of concern would you like to see addressed by this committee? I would like to see age appropriate materials, and activities available that will benefit children's emotional and mental development, in order to help them build empathy and cultivate critical thinking. Qualifications for serving: ERIN R. COGAN (856) 266-4939 1 Theerinrooney@yahoo.com Professional Summary Highly skilled Childcare Provider with over 18 years of experience in providing nurturing care while creating safe, engaging environments. Extensive experience in serving as the primary authority when the parents are away or otherwise occupied. Continually exceeds expectations by creating valuable partnerships and works well with people at all levels of the organization, including customers and team members. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 15 Skills • Compassionate & Friendly Approach • Calm, Patient & Stress Tolerant • Developing Goals & Driving Revenue Growth • Providing Quality Services & Customer Satisfaction • Time Management & Multi -Tasking Skills • Administration, Documenting & Reporting • Performance Management & Process Improvement • Active Listening & Interpersonal Skills • Diligent & Detail -Oriented Team Player • Problem -Solving & Critical Thinking Skills Work History Childcare Provider & In -Home Day Care Owner — Self -Employed — New Jersey 08/2011 to 05/2020 • Established, grew, and managed an in -home day care center for children in a range of ages. • Ensured a safe, happy, stimulating, educational environment. • Strategically created learning and operations plans that met parent expectations. • Developed and facilitated a marketing and communications plan to generate leads, and gave tours to prospective parents. • Effectively managed all aspects of finances, including creating a budget, and managing Accounts Payable/Receivable. • Focused efforts on socialization skills, academic enrichment, creativity, critical thinking, and enhancing self-control. • Taught the children appropriate social behaviors such as being respectful to each other and helping out with chores. • Maintained excellent communication with parents to share observations and encourage home reinforcement of activities. Full -Time Nanny — Philadelphia Nanny Agency 01/2008 to 12/2010 • Created a safe, stimulating, efficient environment, utilizing excellent stress management and motivational techniques. • Successfully modeled appropriate social behaviors to encourage children's social development. • Met regularly with parents to understand their requirements and children's needs, supporting ongoing development. • Strategically planned and organized age -appropriate creative, fun, and educational activities, driving engagement. • Implemented free play, arts and crafts, games, lessons, and reading, to encourage the children's intellectual growth. • Coordinated educational, sports, and personal activities for the children, including planning play dates and outings. • Supported children's emotional and mental development, helping them build empathy and cultivate relationships. • Planned meals, prepared food, and fed the children as appropriate, including bottle-feeding for the babies. Previous Work History Full -Time Nanny — Wilmington Nanny Agency, Wilmington, NC — 2006 to 2008 Full -Time Nanny — Neighborhood Nannies, Haddonfield, NJ — 2003 to 2006 Education High School — Graduate, Cinnaminson High School - Cinnaminson, NJ —1999 Other municipal or county boards/committees on which you are serving: None. List three local personal references and phone numbers: Reference 1 Eileen Bleistine Reference 1 Phone (856)745-0026 Reference 2 Meredith Weiss Reference 2 Phone (856)904-3640 Reference 3 Maureen Trotman Reference 3 Phone (609)618-8506 Additional comments: To Whom it May Concern: Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 16 It is both an honor and a privilege to have the opportunity to be considered for the Library Advisory Board. Thank you. I would like to share with you some of the significant qualities I possess that make me an excellent candidate for this position. I will start by saying how much I value the public library system, and the important role it plays in the formation of our children's character. I too, am committed to these values and will always strive to keep them. In order to be effective member of this board, I believe one must love children, be consistent, yet flexible, and be an effective communicator, as well as a diligent listener. Through my life and experience in child care, I have acquired these skills and use them on a daily basis. For these reasons, I believe I would be a worthy addition to the New Hanover County Library Advisory Board. Thank you for considering me for this position. I look forward to hearing from you in the near future. Respectfully, Erin R. Cogan 856-266-4939 Date 07/01 /2022 Consent 191, understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 17 Loncill, Melissa From: noreply@civicplus.com Sent: Friday, July 28, 2023 2:27 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4727 for Board and Committee Application Ext e ui4Il rrialll:II)��n(° ion' . � .k IIV'wll ksN opll'"wll aw" .'VImlentsN (�)r V q;fl p uII""II"tIIl yot,i know ft is safE��dw Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Scott Last Name Dodd Email ¢Dodds"2tD inrrio0,. Home Phone Cell Phone 9106204016 Business Phone 9104584340 Fax Field not completed. Home Address 3945 Halifax Road City Wilmington State NC Zip Code 28403 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 28 Hanover County c�rn 9106204016 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 18 Scott 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 18 Personal information collected below is to assure a cross-section of the community is represented. Gender Race Age Occupation Applicant's Employer Male Caucasian 64 Educator New Hanover County Schools Professional Activities North Carolina Association for the Gifted and Talented Episcopal Church as delegate, lay eucharistic minister, and congregant. Volunteer Activities Previously with the intent to continue: NHCPL advisory Board American Red Cross Why do you wish to serve I value the significance of the public library's role in our on this board or community as I value the role of education within the same. committee? As a member of the Library Advisory Board, I believe can contribute to library service generally and with the added perspective of an educator in our community. What areas of concern I care that the advisory board participate in the physical growth would you like to see of our library system as we navigate the burgeoning addressed by this complexity and role of technology in society to recognize and committee? meet the needs of all the members of our community. I care that the advisory board participate in thoughtful responses to text and context challenges the library has the potential to receive, and I care that the board maintains its role and status as an advisory body. Qualifications for serving I am currently a member of the Library Advisory Board since 2019. 1 am an educator working within NHCS since 2003. Within each of these qualifications I have worked and negotiated with people for a common valued purpose while considering the context in depth. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 19 List three local personal references and phone numbers Reference 1 Cindy Wartel Reference 1 Phone 910 620 1681 Reference 2 Richard Elliott Reference 2 Phone 910 256 3034 Reference 3 Linda Miles Reference 3 Phone 336 456 3169 Additional comments Field not completed. Upload additional Field not completed. information Date 7/28/2023 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? �/u�:v ,4JR,y qrbrgwser, 3 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 20 Lonm, Melissa From: noreply@civicplus.com Sent: Tuesday, June 27, 2023 2:05 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4169 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Amber Last Name Grove Email amberlrove@outlook.com Home Phone 7244727884 Cell Phone 7244727884 Business Phone Field not completed. Fax Field not completed. Home Address 7101 Cape Harbor Drive, Apartment K City Wilmington State NC Zip Code 28411 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 6 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 21 Personal information collected below is to assure a cross-section of the community is represented. Gender Race Age Occupation Applicant's Employer Female White 36 Title IX Coordinator Pennsylvania State University Professional Activities In addition to serving as the Title IX coordinator for Pennsylvania State University (primarily remotely), I also teach as an adjunct faculty member at the University of North Carolina Wilmington. I am a licensed attorney as well. Volunteer Activities Field not completed. Why do you wish to serve Since I've been in NHC for over six years and am established on this board or here, I wanted to find an opportunity to serve the community at committee? large. As libraries are a pillar of the community and of particular interest to me as an educator, I decided that this would be an ideal board to apply to serve on. What areas of concern Field not completed. would you like to see addressed by this committee? Qualifications for serving My first professional job as a teenager was working for my local library. That job lasted throughout my time in high school and through part of college. Not only was I a desk clerk, but I assisted with our summer reading engagement programming. To say I loved my time at the library would be an understatement. With my prior experience in employment as well as my current status as an educator and attorney, I would bring enthusiasm for ensuring the wellbeing of our local library system through service to the board. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 22 List three local personal references and phone numbers Reference 1 Cynthia Chroman Reference 1 Phone 9105473747 Reference 2 Antje Almeida Reference 2 Phone 9107421074 Reference 3 Jennifer Groves Reference 3 Phone 9104099207 Additional comments Field not completed. Upload additional Field not completed. information Date 6/27/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in youµ( browser. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 23 N Long, Melissa From: application@webformsnhcgov.com on behalf of Tammy Heuring <application@webformsnhcgov.com> Sent: Thursday, June 30, 2022 9:45 PM p To: Crowell, Kym; Long, Melissa - Subject: Application for New Hanover County Library Advisory Board IC:x.Mi.uu a E °uniilln: not a iiia:laM Ilau,nllMs, q��ren attachimerits, or reply uuiill Ca:ru knowiill is safe Board or Committee being applied to: New Hanover County Library Advisory Board Name Tammy Heuring Email 1qmrnyhg!g'.i!ng@grnaiLcoM Home Address 35 ROBERT E LEE DR WILMINGTON, North Carolina 28412-6723 United States M� It Mailing Address (if different from home address) 35 Robert E Lee Dr. WILMINGTON, NC 28412-6723 United States 99,E Home Phone (910)262-6853 Cell Phone (910)262-6853 Years living in New Hanover County 15 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White Age Do you have a family member employed by New Hanover County? No 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 24 Applicant's Employer retired Occupation retired Professional Activities Long-term homeschool mom, homeschool co-op Creator/Director. Formally an accountant and small -business owner. Volunteer Activities political campaigning Why do you wish to serve on this board or committee? I care about children's minds and what they are being taught through reading/video/audio stimulation. I've also utilized many of the programs at the library for my children over the years. I am a huge library supporter and have used the resource weekly for years. I've taught literary courses to homeschoolers and know the importance of reading quality material. I want to find high - quality, age -appropriate books/services for all ages and levels of reading. The library could be so much more than just books. The services through education that could be offered could mean a huge difference in a child's life, for example- observatories of beehives, bird nests, sewing classes, arts, languages, and many more. What areas of concern would you like to see addressed by this committee? Age -appropriate books and videos seem to be an area of concern. Access to pornography to children. I don't wish to have any book banned however. Qualifications for serving: I don't have any specific qualifications except the success of educating my own children, and another child outside my home. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Gina Crowder Reference 1 Phone (910)200-6270 Reference 2 Wendy Henriquez Reference 2 Phone (910) 279-2563 Reference 3 Michael Marlowe Reference 3 Phone (910)228-0444 Date 06/30/2022 Consent Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 25 191 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 26 Lonq, Melissa From: application@webformsnhcgov.com on behalf of Elizabeth Leed <application@webformsnhcgov.com> -V Sent: Wednesday, July 27, 2022 8:58 AM To: Crowell, Kym; Long, Melissa -116 Subject: Application for New Hanover County Library Advisory Board *, in a nai� l I ur4ilk Do not x�Jkk Ilfinks, open attachments, or ur reply U111 :iil YOU Iknow iri os safe Board or Committee being applied to: New Hanover County Library Advisory Board Name Elizabeth Leed mal l Home Address 403 Pine Valley Drive Wilmington, North Carolina 28412 United States Mailing Address (if different from home address) United States Home Phone (919)221-8773 Years living in New Hanover County 1 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race white Age Do you have a family member employed by New Hanover County? No Applicant's Employer Self employed Occupation 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 27 Marketing and Design Why do you wish to serve on this board or committee? I am a strong believer in the impact libraries can have on our community, particularly our youth. I have two young children (4 and 9) and want to ensure NHC children are a priority for the library and that the interests and needs of the community regarding services are met. Additionally, I hope to offer insights on advancing communication and reaching a broader audience to further drive engagement at NHC Libraries. Qualifications for serving: I believe being a mother and marketing professional offers two needed perspectives. As a mother I can provide feedback on activities, events and books that parents/children would be interested in. As a marketer I can offer insight on ways to target and engage with audiences. Libraries change lives - but only for those that know about the available resources and use them. Getting the word out is half the battle! Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Kelly Riley Reference 1 Phone (910)352-5577 Reference 2 Madeline Watson Reference 2 Phone (336) 312-9690 Reference 3 Courtenay Wilson Reference 3 Phone (910)599-7487 Additional comments: Linkedln Profile including recommendations: https://www.linkedin.com/in/eliz-I/ Website: https:/Iwww.leedcreative.corn Date 07/26/2022 Consent 1001 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 28 Crowell, K m Subject: Online Form Submission #4893 for Board and Committee Application From: noreply@civicplus.com <noreply@civicplus.com> Sent: Friday, August 4, 2023 11:26 AM To: Crowell, Kym <KCrowell@nhcgov.com>; Long, Melissa <melong@nhcgov.com> Subject: Online Form Submission #4893 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Tiffany Last Name Salter Email tiffanyjsaltera-.gmail.com Home Phone (910) 200-4702 Cell Phone Field not completed. Business Phone (910) 833-4157 Fax Field not completed. Home Address 515 Kenwood Ave City Wilmington State NC Zip Code 28405 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 27 Hanover County Personal information collected below is to assure a cross-section of the community is represented. Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 29 Gender Female Race white Age 45 Occupation Social Worker; Mental Health Therapist (LCSW) Applicant's Employer Coastal Horizons Professional Activities I am active in our community by participating in multi- disciplinary teams with a focus on family and child mental health. I am also an active member in the Alliance for the Advancement of Infant and Early Childhood mental health. Volunteer Activities Previously on the board of Smart Start Parents as Teachers committee, currently an active volunteer at Gregory Elementary, previously volunteered with young parents support group at NHHS, volunteered with numerous organizations during the aftermath of Hurricane Florence Why do you wish to serve As a former teacher and current social worker who is directly on this board or involved in the lives of young children and their families, I am committee? highly aware of the critical importance the library serves to our community. I wish to foster that relationship within our community. Because I believe in the importance of the services of public libraries. They are critical to the health, education, and overall wellness of a community. What areas of concern Ensuring easy access to library amenities and activities. would you like to see addressed by this committee? Qualifications for serving My work as a teacher and as a social worker have provided me with rich experience serving my community and the families of my community. Drawing on these skills will be critical to what I am able to offer this board. I have participated on other local boards. I have a bachelor degree in primary education and I have provided therapeutic services within our elementary and preK schools. Other municipal or county none boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 30 Reference 1 Jessica Bland Reference 1 Phone Reference 2 Reference 2 Phone Reference 3 Reference 3 Phone Additional comments Upload additional information Date Consent 910-431-6943 Jennifer Khrohn 910-622-0054 Terrance Williams 910-833-4162 Thank you for your consideration. Field not completed. 8/4/2023 I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? Vi„ew,,,it.in your browser, Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 31 Long, Melissa From: application@webformsnhcgov.com on behalf of Jessi Schott <application@webformsnhcgov.com> tk t Sent: Saturday, July 9, 2022 1:48 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Library Advisory Board Il xtei,°una: Ervin 11 )o not Iluck II fink!:n, open attachn cents, or a"eIpu uu, td you crow it as safe� . Board or Committee being applied to: New Hanover County Library Advisory Board Name Jessi Schott Email C.cirm�. Home Address 230 Greenwich Ln Wilmington, North Carolina 28409 United States .. Mailing Address (if different from home address) United States IlVgpj! Home Phone (907) 202-2433 Cell Phone (907) 202-2433 Years living in New Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race Caucasian Age act Do you have a family member employed by New Hanover County? No Applicant's Employer 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 32 DREAMS of Wilmington Occupation Gardener' OXCk A-QaCtll rlq afJjS+ -�'z,r 9�rd4EO'k aJAd tn\A(W M&t a1 C1lasseS Professional Activities Seed, tend and maintain vegetables and flowers with organic principals and pest control. Minor grant writing. Lesson plans and youth gardening education during fall. Trained as a 200hr certified yoga teacher -yoga warrior and trauma yoga. Licensed foster parent. Volunteer Activities Member of WHQR Citizens Advisory Board t Cioir1q ciri ,eevi &ok- Cuo �_Yi-erds or- -me Ubrarq wo-sipr ciardevter 1nftrin Why do you wish to serve on this board or committee? I am a lifelong library participant. One of the first things I do when I move to a new town is get a library card. I take my kids to library programs, we always participate in summer reading challenges, we shop the library book sales and we visit the library at least once a week. Qualifications for serving: I have worked at book stores and always have a stack of books checked out from the library. My degree is Environmental Studies with a persuasion in Writing & Lit. I believe libraries are a vital community resource. I would be an asset to the committee because I bring a unique perspective -military family, foster parent, step parent, mother of a special needs child and from the rural west. Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: Reference 1 Caylin Hawkins Reference 1 Phone (910) 470-2850 Reference 2 Khristy White Reference 2 Phone (252) 342-2903 Reference 3 Bob Rosevear Reference 3 Phone (910) 398-1577 Date 07/09/2022 Consent INunderstand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 33 Lonq, Melissa From: noreply@civicplus.com Sent: Thursday, June 22, 2023 7:27 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4093 for Board and Committee Application ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board and Committee Application Board or Committee Being New Hanover County Library Advisory Board Applied to First Name Harriet Last Name Smith Email h.smith2@.yahoo.com yahoo.com Home Phone 704-560-2245 Cell Phone 704-560-2245 Business Phone 704-560-2245 Fax NA Home Address 1080 St. Joseph St. Unit 2B City Carolina Beach State NC Zip Code 28428 Mailing Address (if different Same from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 12 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 34 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race W Age 65 Occupation Retired Applicant's Employer NA Professional Activities Past Chair of North Carolina Library Commission - two terms Volunteer Activities Served two terms on NHC Library Advisory Committee Why do you wish to serve I served two terms as the Chair of North Carolina's State on this board or Library Commission and also two terms on the NHC Library committee? Advisory Committee .... I have volunteered in two NHC elementary schools .... I believe in libraries and wish to continue serving in a capacity involving our libraries. What areas of concern would you like to see addressed by this committee? Qualifications for serving Other municipal or county boards / committees on which you are serving Do you have a family member employed by New Hanover County? Continue with the development of the Grace Project and also the new North Chase Library. I was on the Library Advisory Committee during development and construction of Pine Valley. Past Chair of NC ry Advisory a Past Member of _NHC Library Adv s'on �'���ir�u���uul`i:a Library _. �1 9 None presently""xi �0 No List three local personal references and phone numbers Reference 1 Harry Tuchmayer Reference 1 Phone 910-616-8552 Reference 2 Dana Conners Reference 2 Phone 910-798-6322 2 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 35 Reference 3 Teresa Bishop Reference 3 Phone, 910-798-6340 Additional comments I would really love the opportunity to serve on the NHC Library Advisory Committee again .... I did not know that one could serve again until recently. Upload additional Field not completed. information Date 6/22/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in your browser., 3 Board of Commissioners - August 21, 2023 ITEM: 16- 4 - 36 COMMITTEE APPOINTMENT New Hanover County Non -County Agency Funding Committee Vacancy to appoint at this time: • Faith -Based Term: 3 years, expiring 6/30/26 Attachments: Committee Information Sheet Attendance Record Application Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 1 NEW HANOVER COUNTY NON -COUNTY AGENCY FUNDING COMMITTEE Number of Members: 7 members appointed by the County Commissioners as follows: 1 member for each of the following categories: At -Large, Educational (pre-k thru 12), Faith -Based, Seniors/Elders, Business/Workforce Training, Public Safety/Judicial, and Cultural/Recreation. Term of Office: 3-years with no one serving more than two (2) full successive terms Meeting Schedule: As needed between August 15Y and March 301h of each fiscal year. Eligibility: Appointees must disclose all board positions and/or paid employment with non-profit agencies in their application. It is the responsibility of the appointee to ensure his/her list of board positions and employment maintained by the Clerk to the Board's Office remains current. If an agency directly affiliated with an appointee applies for funding, the appointee will be recused from that funding deliberation and decision. Established: November 6, 2017. Brief on the functions: The purpose of the Non -County Agency Funding Committee is to review and score outside agency requests; recommend agencies to fund and amount per agency (total not to exceed allocable budget); and provide feedback to agencies. TERM OF OFFICE CURRENT MEMBERS CATEGORY -----_---- �� APPOINTMENT EXPIRATION Elizabeth DeBiasi 6105 Blenheim Place Educational (pre-k thru First 1/22/18 6/30/21 Wilmington, NC 28409 12) Second 6/22/21 6/30/24 910-399-7446 (H) 910-264-3548(C) Gail Eddie 614 Orange St. UnexpiredSeniors/Elders 6/30/21 Wilmington, NC 28401 12/16/19 6/30/24 804-519-6819 (C) First 6/22/21 R. Shane Hartley 505 Macon Court Faith -Based Unexpired 6/30/23 Wilmington, NC 28412 4/19/21 910-352-5253 (C)` Linda "Candy" Robbins 4611 Split Rail Drive Unexpired 6/30/23 Wilmington, NC 28412 At -Large 4/17/23 6/30/26 910-392-2200 (H) 910-231-0791 (C) First 7/17/23 Clare Kiley 5518 Whisper Creek Lane Cultural/ Recreation Unexpired 6/30/24 Wilmington, NC 28409 1/23/23 910-524-6570 (C) Randy Reeves 3212 Snowberry Ct. Business/ First 1/22/18 6/30/21 Wilmington, NC 28409 Workforce Training Second 6/22/21 6/30/24 910-262-5311 (C) 910-251-5455 (H) Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 2 VACANT Public Safety/ Judicial 6/30/26 Staff Liaison: File: OAF Michelle Daniels, Budget Officer Rev.: 7/2023 Finance Department 230 Government Center Drive, Suite 165 Office: 910-798-7214 Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 3 Lon Melissa From: Hill, Gwen Sent: Monday, May 22, 2023 4:27 PM To: Long, Melissa Subject: RE: Attendance - NHC Non -County Agency Funding Committee R. Shane Hartley (4/2021-present) Committee has had 12 meetings since he was appointed. Shane has attended all but 1 and he was excused for that one. He's a wonderful member! Gwen Hill Budget e New Hanover • 1 11 •.• • 1 ': :i ghill@nhcgov.com 1 Government Center Drive, Suite 165 •28403 www.NHCgov.com From: Long, Melissa <melong@nhcgov.com> Sent: Monday, May 22, 2023 1:10 PM To: Hill, Gwen <ghill@nhcgov.com> Subject: Attendance - NHC Non -County Agency Funding Committee Good afternoon Gwen — In connection with the upcoming appointments for NHC Non -County Agency Funding Committee, I'm going to need the attendance information for the following individuals to be included in the agenda packet: • R. Shane Hartley (4/2021-present) I will need this information by June 2"d in order to meet the agenda deadline for the June 191h meeting. Please let me know if you have any questions. Thanks! Melissa Malisse Long Clerk To The Board, Deputy • 0, •, • 1 • 1 •i i1: melong@nhcgov.com i Government', Wilmington, 41. www.NHCqov.com 1 Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 4 Lonr, Melissa From: noreply@civicplus.com Sent: Saturday, July 8, 2023 4:57 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4355 for Board and Committee Application I.,,,xtei"II' a .",riTTi'Do n(TA (� ANT«'k hIinks, a t a hnieV ts, oir reply 1 V'l"fll YOU kTnd"M 1"t IIJS 54 .fe Board and Committee Application Board or Committee Being New Hanover County Non -County Agency Funding Committee Applied to Non -County Agency Faith -based Funding Committee Categories First Name SHANE Last Name HARTLEY Email SI iAINE..II-iAIR n.,[F—y@ :zu.. Home Phone 9103525253 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 505 MACON COURT City WILMINGTON State NC Zip Code 28412 Mailing Address (if different Field not completed. from home address) City - Field not completed. State Field not completed. Zip Code Field not completed. 1 Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 5 Years Living in New 25 Hanover County Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race WHITE Age 52 Occupation UNIVERSITY CAMPUS MINISTER Applicant's Employer FACULTY COMMONS Professional Activities WELCOMING NEW FACULTY TO THE UNIVERSITY EACH YEAR RESOURCING PROFESSORS TO FLOURISH SOCIALLY, SPIRITUALLY, AND PROFESSIONALLY AT THE UNIVERSITY INITIATING CONVERSATIONS OF WORLDVIEW AND FAITH WITH PROFESSORS CREATING PROGRAMS FOR UNIVERSITY PROFESSORS OF FAITH Volunteer Activities Christ Community Church Member of the Non -County Agency Funding Committee Form the last 2 years Why do you wish to serve There are a lot of good organizations helping people in New on this board or Hanover County; I'd like to help these organizations flourish. committee? What areas of concern No concerns would you like to see addressed by this committee? Qualifications for serving I served on this committee the last 2 years. I have 31 years of experience working for and with non -profits. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? 2 Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 6 List three local personal references and phone numbers Reference 1 Nivine Richie Reference 1 Phone (910) 465-3195 Reference 2 Isaac Loh Reference 2 Phone (919) 995-4874 Reference 3 Mike Griffin Reference 3 Phone (910) 777-8739 Additional comments Field not completed. Upload additional Field not completed. information Date 7/8/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? V,u„a*, u,jin„yOur Ibrowser 3 Board of Commissioners - August 21, 2023 ITEM: 16- 5 - 7 COMMITTEE APPOINTMENT Parks Conservancy of New Hanover County, Inc. Board of Directors Vacancy: 1 Term: unexpired, expiring 6/30/2025 Attachments: Committee Information Sheet Application Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 1 PARKS CONSERVANCY OF NEW HANOVER COUNTY, INC. BOARD OF DIRECTORS Members: 13; 12 members appointed by the County Commissioners 1 County Commissioner Representative Term of Office: 3-year terms Qualifications: County resident 18 years of age or more who has a sincere interest and commitment to the importance of park and recreation services; a willingness to 'give freely of time and energy to learn about and to carry out responsibilities; the ability to work well with all other Board members; complete open-mindedness and respect for varied points of view and consideration of all Board business; good judgment, intelligence and courage of conviction; a dedicated interest in the Park and Recreation welfare of all citizens of the county; the capability. of speaking out and articulating parks and recreation needs; the ability to accept and weather criticism gracefully; the strength to refuse to be intimidated by pressure groups and issues which are not in the best interest of the whole county; a strong feeling for team work between the Director, Board of County Commissioners, and other Advisory Board members and a desire to truly know the community and the recreational needs of all citizens. Regular Meetings: Third Tuesday at 5:30 p.m. in the Parks Conference Room, County Government Center, 230 Government Center Drive, Wilmington, NC Statute or cause creating Board: The New Hanover County Board of Commissioners approved the establishment of the Parks Conservancy on April 16, 2012; first appointments were made May 20, 2013. Purpose: The general purposes of the Parks Conservancy are as follows: 1. To establish an endowment and receive and distribute monies for prospective funding of capital improvements at County parks and to encourage the accumulation and dissemination of knowledge of the history and natural heritage of Southeastern North Carolina. 2. To arrange for such meetings of Conservancy officers or other interested individuals, as may be legally necessary or considered desirable in the furtherance of the aims and purposes of County parks. 3. To encourage and arrange for gifts, grants, bequests, and devises to the Conservancy for its work in the furtherance of the objectives for which it is organized, and to provide for the proper expenditure, use, and conservation of all gifts, grants, bequests, and -devises so received. 4. To provide oversight to all internal groups including but not limited to: Volunteers and special event committees. 5. To foster relationships with other related organizations. 6. To serve as ambassadors for the Parks to the community. 7. To participate in and support Parks events and programs. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION, Rex Burford Unexpired 3/20/23 6/30/23 6309 Stearman Court First 6/19/23 6/30/26 Wilmington, NC 28409 910-547-2857 (C) Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 2 PARKS CONSERVANCY OF NEW HANOVER COUNTY (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Dave Ellegood Unexpired 6/22/21 6/30/22 4173 Hearthside Drive Apt. 204 First 6/20/22 6/30/25 Wilmington, NC 28401 910-233-7987 (H) Jessica Gray, President First 6/18/18 6/30/21 211 Queen Street #D Second 6/22/21 6/30/24 Wilmington, NC 28401 910-540-3783 (C) 910-833-5290 (H) Cheryl W. Hannah First 6/18/18 6/30/21 2008 Jumpin Run Dr. Second 6/22/21 6/30/24 Wilmington, NC 28403 919-815-0843 (C) Mark J. Ihnat, Vice -President Unexpired 12/17/18 6/30/20 6426 Chalfont Circle First 6/15/2020 6/30/23 Wilmington, NC 28405 Second 6/19/23 6/30/26 910-616-5131 (C) Cassidy Lamb Unexpired 8/22/22 6/30/24 2013 E Lake Shore Drive Wilmington, NC 28401 512-775-4802 (H) Dana Lingenfesler Unexpired 9/19/22 6/30/25 1829 Sir Tyler Drive Apartment 232 Wilmington, NC 28405 919-801-7172 (C) 910-794-4885 (W) Sean Olds Unexpired 6/19/23 6/30/25 949 Downey Branch Lane Wilmington, NC 28403 252-457-5536 (C) Mona Osmer First 6/22/21 6/30/24 461 Racine Drive #203 Wilmington, NC 28403 703-994-6261 (H) Jim Orr Unexpired 10/21/19 6/30/22 437 Middle Grove Lane First 6/20/22 6/30/25 Wilmington, NC 28411 VA 919-360-3777 (C) Tony Pagrabs Unexpired 6/30/21 341 Mcivers Aly First 6/22/21 6/30/24 Wilmington, NC 28401 910-409-1392 (C) 910-251-5460 (W) Susanne Werner Unexpired 3/20/23 6/30/24 6913 Running Brook Terrace Wilmington, NC 28411 910-409-5509 (C) Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 3 'ARKS CONSERVANCY OF NEW HANOVER COUNTY CONT. CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION County Commissioner Representative 5/1/23 Undesignated Dane Scalise 230 Government Center Drive, Suite 175 Wilmington, NC 28403 798-7259 (NHC Office) Tara Duckworth, Director Parks and Gardens Department 230 Government Center Drive, Suite 120 File: /Parks Conservancy Wilmington, NC 28403 Revised: 06/2023 798-7198 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 4 Lonq, Melissa From: noreply@civicplus.com Sent: Wednesday, May 17,2023 4:15 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #3456 for Board and Committee Application Exteii'i4I Iiinafl.'' Do not chck finks, open attad�iinents, or repIy Wltfl YIDU know ft �s safe 1* Board and Committee Application 11 .-'I I Board or Committee Being Parks Conservancy of New Hanover County Inc., Board of Applied to Directors First Name Chandler Last Name Case Email casel busio.ess(ZDL)rotoiriiinaii.com Home Phone 9106120351 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 5016 Out Island Drive City Wilmington State NC Zip Code 28409 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 20 Hanover County I Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 5 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 25 Occupation Former US Army I Waryli TkarmotceAcca I L&Aes VODAS Applicant's Employer Ermfwrner*W 14 ea 444 A Sa-k+y PISS 14aan� siv)w Professional Activities Field not completed. Volunteer Activities Member of the Wilmington Lions Club Why do you wish to serve I have long had a passion for the outdoors and understanding on this board or the importance of community. From my early years to committee? achieving the rank of Eagle in Boy Scouts, to my time in the Army in Interior Alaska, to a frequent hiker, I have developed an understanding and appreciation of parks, conservations, and the impact on future generations to have access to a well- preserved look at nature. What areas of concern The continued maintaining of existing parks, their facilities, and would you like to see the natural environment within them. The development of addressed by this additional parks within New Hanover County that highlight key committee? aspects of New Hanover County's natural environment, including, our waterways, estuaries, swamps, coastal and pine forest, and local wildlife unique to the area. Partnership with local conservation organizations and Universities to allow these parks and their wildlife to be used for research and data collection purposes. Qualifications for serving I have long had a passion for the outdoors and understanding the importance of community. From my early years to achieving the rank of Eagle in Boy Scouts, to my time in the Army, to a long-hobbied hiker, I have developed an understanding and appreciation of parks, conservations, and the impact on future generations to have access to a well- preserved look at nature. Other municipal or county boards / committees on which you are serving Do you have a family member employed by New Hanover County? None. Ian 2 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 6 List three local personal references and phone numbers Reference 1 Robert Ballard Reference 1 Phone 719-237-7903 Reference 2 Zachary Leonard Reference 2 Phone 541-760-4209 Reference 3 John Costello Reference 3 Phone 270-505-5682 Additional comments Field not completed. Upload additional Chandlier Case R SUM . 1.)S. f information Date 5/17/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? lieW61 iio a i--fa ir. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 7 Chandler Case (910) 612-0351----- casel Irmo,sines "�,t r:koinrna l.¢;o m-----Wilmington, NC Summary of Qualifications: Motivated professional with experience in Logistics and Managerial Supervisory roles. Proven ability to adapt to new working environments. Has a passion of producing results and progress by developing others and providing a unique perspective to the workplace. Excels in working in a professional, team -oriented environment: • Logistics • Materials control • Great Communication Skills • Proven Leader • Detail oriented • Team player • Adaptable to fluid & fast -paced work environment • Experienced in Microsoft Excel, Outlook, PowerPoint, Teams and Word. Work Experience Alex Lee (Lowes Foods) Grocer Stocker (Part Time) • Maintenance Manager's Course certified for Global Combat Support System -Army ERPs (GCSS-Army ERPs). • Transportation Coordinator's Automated Information for Movement Systems II (TC-AIMES II) certified. • Unit Movement Officer Deployment Planning (UMO) certified. • Buyer/Purchaser experience July 2023-Ongoing • Stocks, rotates, and conditions all grocery products on shelves according to Lowes Foods standards and productivity guidelines. Alcami Pharmaceutical (Temp under Reagan Madison Consulting) Environmental, Health and Safety Assistant July 2023-Ongoing • Assist the EH&S Managers in overseeing OSHA and internal regulations to the local environment, health and safety of the communities within and around all Alcami facilities of Wilmington and Raliegh, NC, Charleston, SC and St. Louis, MO are being properly maintained and enforced. • Assist in Environmental and Safety inspections and inventories to ensure continued readiness for each Alcami facility. U.S. Army, Fort Wainwright, AK Company Assistant Manager September 2019- February 2023 February 2022-November 2022 Managed the execution of day-to-day duties of the Company on behalf of the Company Senior Manager and Company Senior Assistant Manager. This included overseeing each of the ten sub - departments (totaling over fifty personnel) completed their assigned duties and received the necessary support, checked on the welfare of personnel, coordinated with assistant managers of other Companies and conducted weekly meetings. Lead the Company's equipment maintenance program by ensuring twenty-one military vehicles, eleven generators and fourteen trailers were properly serviced and maintained. This included briefing the organization's Deputy Director and Deputy Maintenance Chief on weekly updates, status and action plans. Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 8 Chandler Case 910-612-0351 caselbusiness@protonmaii.com • Oversaw the planning and execution of vehicle convoy movements for one multi -nation training exercise, two organization -sized Aerial Gunneries and three organization -sized small -arms qualification ranges. T"TTINMe 02! ! Managed the day-to-day duties of fifty personnel in the Company's Distribution Department, — responsible for the transportation and distribution of all fuel and ammunition requested for th4 entire organization. *versaw the maintenance of twenty military vehicles, eight trailers and three Forward Area Refueling Point (FARP) hose assemblies' worth in excess of $12 million. Responsible for the stewardship and accountability of additional military property, fuel and ,.nmmunition in excess of $150 million. 99ATA041 �1; 1 • Responsible for the coordination of the Organization's equipment ground maintenance operations, the Organization's Command Maintenance Discipline Program and training for over thirty maintenance personnel. • Oversaw the completion of over 1,378 weapons, 322 Chemical Biological Radiological and Nuclear (CBRN) masks, 154 Night Vision Devices (NVDs), 113 vehicles, 46 trailers and 25 generator services. • Responsible for ground equipment maintenance budget of one million dollars per fiscal year. • Coordinated the execution of services and maintenance operations during two organization-sizeii Aerial Gunneries. • Oversaw and coordinated the equipment ground maintenance program of building construction and repair, resulting in the work -space available to the mechanics being reduced by half. • Mentored employees and assistant supervisors on technical knowledge of the primary online program needed for their positions. WOUTM, RZMM��� • Oversaw the Company's Safety Program and ensured all sub -programs were being maintained to U.S. Army safety standards. • Ensured all Company personnel followed Fire -Prevention, Environmental -Compliance, Radiation & Laser protection and Hearing Protection programs. • Oversaw the equipment ground maintenance program by coordinating the completion of scheduled services and weekly ground equipment inspections. • Oversaw unit's ground movement program, ensuring all ground equipment was prepared for state, country and international movements. • Ensured all shipping containers and ground equipment were maintained, inspected and mandatory paperwork completed for any long distant movement to and from the state of Alaska. • Oversaw the completion of all inspections, paperwork, tracking and movements of eight pieces of ground equipment and ten shipping containers from Fairbanks, Alaska to Ft. Irwin, California and back. Appalachian State University Food Services, Boone, NC October 2016-May 2019 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 9 Chandler Case 910-612-0351 caselbusiness@protonmail.com Part -Time Food Services Employee Harris Teeter LLC, Wilmington, NC Overnight Stock Clerk Education May 2017-August 2017 Bachelor of Arts, Political Science, Minor Military Science & Leadership, Appalachian State University, Boone, NC High School Diploma, Coastal Christian High School, Wilmington, NC Training & Certifications • Combat Life Savers Course, Ft. Wainwright, Alaska (2021) • FBCB2/Blue Force Tracker (JCR) Course, Ft. Wainwright, Alaska (2020) • Maintenance Manager Course, Ft. Wainwright, Alaska (2019) • Unit Movement Officer Course, U.S. Army Logistics Center, Ft. Lee, Virginia (2019) • Basic Officer Leader Course, U.S. Army Logistics Center, Ft. Lee, Virginia (2019) • Reserve Officer Training Course, Appalachian State University ROTC Program, Boone, NC (2019) • Tier III Security Clearance (2018-2032) Volunteer Experience Fairbanks Lions Choice (Lions Club International) 2022 Annual Fairbanks Cancer Walk. Interior Alaska Airsoft LLC Awards August 2021-November 2022 June 4th, 2022 June 2020-September 2022 Army Achievement Medal (AAM) for contributions to the Organization during the 2022 Joint Pacific -Multinational Readiness Center (JPMRC) training exercise. Army Achievement Medal (AAM) for contributions to the Organization during the 2022 Spring Aerial Gunnery. One Army Commendation Medal (ACM) for contributions to the Headquarters Company of the Organization between February 2022 to November 2022. Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 10 Long, Melissa From: noreply@civicplus.com 1. V14... s+�2. Sent: Wednesday, May 31, 2023 8:17 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #3674 for Board and Committee Application xteriI'4 Vnn4;!dNl`, Do not cIVdk finks, )en a tta dnVn'n all ts, oV IIqfly n.nln"d you alow it is aR Board and Committee Application Board or Committee Being Parks Conservancy of New Hanover County Inc., Board of Applied to Directors First Name Alexis Last Name Kreun Email akireunl of irnafl.coia-i Home Phone 7124705994 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 809 March Ct. City Wilmington State NC Zip Code 28405 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 6 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 11 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race white Age 32 Occupation Non-profit administration Applicant's Employer American Immigration Lawyers Association Professional Activities I work for a non-profit that advocates for immigrants' rights. My job specifically is to be a liaison between immigration lawyers, technology companies, and the federal government to reform and improve immigration processes. Volunteer Activities Latino Alliance Crisis Cleanup Lutheran Immigration and Refugee Service Why do you wish to serve I've lived in Wilmington for 6 years and I want to become more on this board or involved in the community on a regular basis. I'm interested in committee? this committee because I love parks! I go to a New Hanover park almost every day with my dog. I really enjoy the city's park system, and I also have ideas for improvement as well. What areas of concern I'd like Maides Park to have more than just one entry point. It would you like to see would be great if a small bridge could be built from the park addressed by this over the stream to the neighborhood. committee? I'd also love for there to be more bike trails that connect the parks. Empie Park is on the cross city trail, but none of the other parks are. I'd love the trail to connect to Greenfield Lake, Maides, Long Leaf, etc. I also have ideas for where there could be some new parks. It would be amazing to turn the area behind Target, with the retention ponds, into a park. I always see so many beautiful cranes and other wildlife there, and would love to have a path that goes around the pond that people can enjoy. There are also a lot of apartments and houses in that area that don't have close access to a park. Qualifications for serving I just love parks and have lots of ideas! I've also volunteered to help clean up the cemetery at Maides Park. Other municipal or county None boards / committees on which you are serving 2 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 12 Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Amanda Boomershine, Co -Chair of Latino Alliance of Southeastern North Carolina Reference 1 Phone (910) 962-7922 Reference 2 Kathy King, Maides Park Clean -Up Organizer Reference 2 Phone (256) 508-2302 Reference 3 Cassidy Santaguida (currently on this board) Reference 3 Phone Additional comments 512-775-4802 Field not completed. Upload additional Field not completed. information Date 5/31 /2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? Vl ew jt...lii n, qur Ibro)ar, r;, 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 13 Lone, Melissa p Y p S l� . From: Wore I @civic lus.com Sent: Monday, February 6, 2023 8:52 AM To: Crowell, Kym; Long, Melissa" Subject: Online Form Submission #1379 for Board and Committee Application .!!xteu na:' I Errrr l: Do u"r(A r llliclk IH int,; A rrp en atta rp.uinients, or repl ly r,au"rlwd you Ilrnow it is safe Board and Committee Application Board or Committee Being Parks Conservancy of New Hanover County Inc., Board of Applied to Directors First Name Nivine Last Name Richie Email Lul�ug@uLncwneu Home Phone (910) 465-3195 Cell Phone Field not completed. Business Phone (910) 962-3606 Fax Field not completed. Home Address 8453 River Road City Wilmington State NC Zip Code 28412 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 15 Hanover County I Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 14 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White Age 55 Occupation Associate Dean and Finance Professor Applicant's Employer UNCW Professional Activities Member, Board of Trustees, North Capital Volunteer, CFA Institute in Charlottesville, VA Volunteer Activities NHC Industrial Facilities and Pollution Control Committee Myrtle Grove Baptist Church women's ministry Why do you wish to serve I enjoy and appreciate the parks in New Hanover County, and I on this board or would like to see them continue to flourish. If there are any committee? financial decisions, I would be interested in participating in the decision -making process, given my background in finance. Additionally, I'd be very happy to help in fundraising efforts for the benefit of the parks. What areas of concern Continuous improvements for NHC Parks would you like to see addressed by this committee? Qualifications for serving (1) Financial decision making background as a former banker and current finance professor (2) Leadership and supervisory experience as the Associate Dean of Graduate & International Programs at the Cameron School of Business at UNCW (3) County resident with great appreciation for county parks Other municipal or county NHC Industrial Facilities and Pollution Control Committee boards / committees on (Note: this committee has never met during my time on this which you are serving board) Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Dr. Rob Burrus, Dean Cameron School of Business, UNCW 2 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 15 Reference 1 Phone (910) 962-3226 Reference 2 Rev. Paul Waters, Senior Pastor Myrtle Grove Baptist Church Reference 2 Phone (910) 520-1340 Reference 3 Mr. Bob Pious, Director of Swain Center for Executive Education, UNCW Reference 3 Phone (910) 962-2728 Additional comments Field not completed. Upload additional Nmvy e RO-fie CAD Dec 2022 ff information Date 2/6/2023 Consent 4 1 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in yoqr Idiro seer. 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 16 NIVINE F. RICHIE Ph.D., CFA University of North Carolina Wilmington 8453 River Road Cameron School of Business Wilmington, NC 28412 Department of Economics & Finance Tel: 910.962.3606 (0) 601 South College Road 910.465.3195 (M) Wilmington, NC 28403 Email iniviine 1@ ridhienetncorn PROFILE Experienced former fixed income securities trader, independent mutual fund trustee, university administrator, and finance professor. Teaching and research interests include investments and market efficiency, derivative securities and risk management, and fixed income analysis. EDUCATION Ph.D. Finance, Florida Atlantic University, Boca Raton, FL, 2004 Dissertation: Pricing Behavior of Exchange Traded Funds Chartered Financial Analyst (CFA), 1995 B.S. Finance, French Minor, The Pennsylvania State University, University Park, PA, 1988 UNIVERSITY EXPERIENCE University of North Carolina Wilmington, Wilmington, NC Associate Dean of Graduate, International & Executive Programs Interim Director, Swain Center for Executive Education Chair, Department of Economics & Finance Professor of Finance Associate Professor of Finance Assistant Professor of Finance Harvard Summer School Instructor for Money, Financial Institutions, and Markets Susquehanna University, Selinsgrove, PA Assistant Professor of Finance Visiting Assistant Professor of Finance INDUSTRY EXPERIENCE Aug 2007-present Jul 2019-present May 2021-Aug 2022 Jul 2014-Jun 2019 2017-present 2011-2017 2007-2011 Summer 2010, 2011 Jan 2003-Aug 2007 2004-2007 2003 CoreStates Securities Corporation (Formerly Meridian), Ft. Lauderdale, FL 1992-1998 Vice President, CMO/MBS Trader • Presented trade ideas and market information in daily morning commentary broadcast to regional offices • Traded securities ranging from $500k to $100 million • Maintained fixed-rate MBS inventory for 40 person institutional sales force N. Richie Page 1 of 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 17 Meridian Capital Markets, Reading, PA 1990-1992 Investment Officer, Money Market Trader (1991-1992) • Traded bankers acceptances, commercial paper and CDs Assistant Trader (1990-1991) • Assisted in municipal underwritings and served as liaison between traders and operations • Monitored trading profits/losses and assigned monthly mortgage pool TBA allocations SELECTED REFEREED PUBLICATIONS Murdock, M., Ngo, T., and Richie, N., 2023, The effect of state -level corruption on performance and risk of financial institutions, Journal of Financial Crime, forthcoming. Murdock, M., Ngo, T., and Richie, N., 2023, Beyond SIC codes: Mergers of related firms, Quarterly Journal of Finance & Accounting, forthcoming. Murdock, M., Richie, N., Sackley, W. and White, H., 2022, Professional competence and business ethics, Journal of Financial Crime, 29 (1) 215-232. Li, Si, and Nivine Richie, 2016, Earnings smoothing and the cost of debt, China Journal of Accounting Research, 9, 175-190. Roszkowski, Adam, and Nivine Richie, 2016, The impact of Mad Money recommendations during bull and bear markets, International Journal of Managerial Finance, 12 (1), 52-70. Li, Si, Jeff Madura, and Nivine Richie, 2013, Bond market response to the collapse of prominent investment banks, Financial Review, 48 (4), 645-670. McNulty, James E., Marina Murdock, and Nivine Richie, 2013, Are commercial lending propensities useful in understanding small firm finance? Journal of Economics and Finance, 37 (4), 511-527. Muthuswamy, Jayaram, John Palmer, Nivine Richie, and Robert Webb, 2011, High -frequency trading: Implications for markets, regulators, and efficiency, Journal of Trading, 6 (1) 87-97. Richie, Nivine, David Mautz, and William Sackley, 2010, Duration and convexity for assessing interest - rate risk, Bank Accounting & Finance, February -March, 25-30. RECENT PRESENTATIONS "The effect of state -level corruption on performance and risk of financial institutions" at 2021 World Finance & Banking Symposium, Budapest, Hungary, Dec 2021. "Beyond SIC codes: Mergers of related firms" at 2018 Southern Finance Association annual meeting in Asheville, NC. and Paris Financial Management Conference, Dec 2019 "Financial markets ethics case study" at 2016 Financial Education Association (FEA) annual meeting in Ft. Lauderdale, FL "Earnings smoothing and cost of debt capital" at 2015 Symposium of the China Journal of Accounting Research at Hunan University in Changsha, China N. Richie Page 2 of 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 18 RELEVANT SERVICE PROFESSIONAL SERVICE Ad Hoc Reviewer for Research in Business, Accounting, and Finance 2019, Journal of Futures Markets 2017, Journal of Empirical Finance 2015, Journal of Futures Markets 2015, Research in International Business and Finance 2013, Quarterly Review of Economics and Finance 2012, Review of Financial Economics 2012, Journal of Futures Markets 2013, 2011, Participation in Professional meetings: World Finance & Banking Symposium, Budapest, Hungary, Dec 2021 (discussant), Paris Financial Management Conference, Paris, France, Dec 2019 (discussant), SFA annual meeting, Asheville, NC, Nov 2018 (session chair, discussant), FEA annual meeting, San Antonio, TX, Sep 2015 (session chair), EFA annual meeting, Pittsburgh, PA, Apr 2014 (session chair, discussant), EFA annual meeting, St. Petersburg, FL, Apr 2013 (session chair, discussant); UNIVERSITY SERVICE UNCW, Associate Provost Search Committee, Chair 2021-22 UNCW Interdisciplinary Task Force 2021-22 UNCW Task Force on Microcredentialing/Badging 2021-22 UNCW Provost Search Committee, 2019-20 Title IX Investigation Team, 2019 CAMERON SCHOOL OF BUSINESS SERVICE: Executive Committee, 2014-present Strategy Committee, 2014-present Graduate programs committees, 2018-present CFA Scholarship committee, 2009—present Prague Program liaison, 2010-present Advisory Board for BB&T Student Managed Investment Fund, 2007-2021 COMMUNITY ENGAGEMENT CFA Institute Volunteer, 2006-present North Capital Mutual Fund, Member Board of Trustees, 2018-present Wilma Women to Watch corporate sponsor UNCW liaison, 2018-2019 Word Weavers of Wilmington, founding member writers' critique group, 2013-2014 N. Richie Page 3 of 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 19 Lonig, Melissa From: noreply@civicpIus.com Sent: Tuesday, July 18, 2023 1:06 PM To: Crowell, Kym; Long, Melissa Subject: Online Form Submission #4520 for Board and Committee Application ° II')('ieurnau Ema ll. Do no (piicl Iliiurullk , ql)eu,.:::tta(.lIhuuueiots, w rep1y iuu°ul''iill you knovv it o-ssafe Board and Committee Application Board or Committee Being Parks Conservancy of New Hanover County Inc., Board of Applied to Directors First Name Hillary Last Name Stevens Email hillaryi stevens� iaiLcorn Home Phone 9109459595 Cell Phone Field not completed. Business Phone Field not completed. Fax Field not completed. Home Address 1257 Big Field Dr. City Castle Hayne State NC Zip Code 28429 Mailing Address (if different Field not completed. from home address) City Field not completed. State Field not completed. Zip Code Field not completed. Years Living in New 10 Hanover County 1 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 20 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White Age 28 Occupation Private Practice Therapist Applicant's Employer Self-employed Professional Activities Providing therapy to individuals in NC as well as supervision to provisionally licensed therapists. Volunteer Activities Beach clean ups, pro bono therapy to individuals. Why do you wish to serve I have been interested in serving the community outside of the on this board or social work realm for a while, and the parks and recreation committee? board seems like a great way to be involved. I am specifically interested in parks and recreation because I am passionate about the positive benefits of outside play and nature on our overall well-being. I love Wilmington and New Hanover County, and would be honored to give back to the community by improving and maintaining our county's park services. What areas of concern Maintenance of county parks and improvement of resources would you like to see available at these parks. addressed by this committee? Qualifications for serving Over 18 years of age, sincere interest and commitment to the of parks and recreation services, and willingness to give freely of time and energy. Other municipal or county None boards / committees on which you are serving Do you have a family No member employed by New Hanover County? List three local personal references and phone numbers Reference 1 Jana Jones Hall Reference 1 Phone 9105082838 2 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 21 Reference 2 Shaina Frank Reference 2 Phone 9104319503 Reference 3 Hayley Nemeth Reference 3 Phone 4104905137 Additional comments Field not completed. Upload additional Field not completed. information Date 7/18/2023 Consent � I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Email not displaying correctly? View it in ypq bro uW, 3 Board of Commissioners - August 21, 2023 ITEM: 16- 6 - 22