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Agenda 2010 09-07AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JASON R. THOMPSON, CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • TED DAVIS, JR., COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD SEPTEMBER 7, 2010 6:00 P.M. MEETING CALLED TO ORDER (Chairman Jason R. Thompson) INVOCATION (Ron McGee, Founding Pastor, ROCK Church) PLEDGE OF ALLEGIANCE (Commissioner Robert G. Greer) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Adoption of Constitution Week Proclamation 4. Approval to Accept 2010 -2011 SHIIP Grant in the Amount of $6,421 5. Adoption of Ordinances for Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:05 p.m. 6. Consideration of National Alcohol and Drug Addiction Recovery Month Proclamation 6:10 p.m. 7. Consideration of Hunger Action Month Proclamation 6:15 p.m. 8. Consideration of New Hanover County Schools' Request of One Additional School Resource Officer for Holly Shelter Middle School 6:20 p.m. 9. Consideration of Resolution Authorizing the Liquidity Facility Substitution and Subsequent Remarketing of the Variable Rate Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005A -1, Series 2005A -2, Series 2005B -1 and Series 2005B -2 and Authorizing the Execution and Delivery of Documents in Connection Therewith and Consideration of Resolution to Adopt First Amendment to the Series Resolution 6:25 p.m. 10. Public Hearing Subdivision Appeal (SA -28, 08/10) - Request by Mary Margaret McEachern for the Belle Meade Plantation Owners Association to Overturn the 5 -0 Decision by the County's Planning Board Affirming the Technical Review Committee's Decision to Deny Re- designation of Pine Hollow Drive (4200 block) and McGinnis Lane (500 -699 block) from Public to Private 7:05 p.m. 11. Consideration of Mason Inlet Relocation Project Maintenance Event 7:20 p.m. 12. Consideration of Consolidation of Current New Hanover County Fire Districts into Two Districts with New Hanover County as the Primary Provider of Fire and Rescue Services in the Unincorporated Areas of the County 7:50 p.m. 13. Consideration of New Hanover County Input into North Carolina Association of County Commissioners (NCACC) Legislative Goals Development Process Board of Commissioners Meeting 09/07/2010 for the 2011 -12 Biennium NON - AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 8:10 P.M. 14. Consideration of Literacy Awareness Month and International Literacy Day Proclamation 8:15 p.m. 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:25 p.m. 16. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 09/07/2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on August 12, 2010 Regular Session meeting held on August 16, 2010 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following road and requesting the Board to adopt a resolution in support of adding the road to the state system: A portion (0.12 miles) of Harnett Avenue (Division File No. 1165 -N) located at the intersection of State Road NC 133 (Castle Hayne Road) and Harnett Avenue (non- system roadway) located within New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 resolution. ATTACHMENTS: NCDOT Request Letter SR -2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 2 -0 a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDLT. GOVERNOR August 19, 20 Ms. Sheila Schult, Clark to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Unington, NC 28403 EUGENE A. CON -11, JR. SEORETARY AEG 2 0 2010 NEW HANOVER CO. an. of COrP ,��SS 1 0NERS Subject: Proposed Addition to the State System of Highways; Harnett Avenue (Div. File No: 1165 -N) Dear Ms. Schult: This office is considering adding a portion of Harnett Avenue by 0.'12 miles. Request for the addition portion is located at the intersection of state road NC 133 (Castle Hayne Road) and Harnett Avenue (non system roadway) located within New Hanover County to the state system. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road_ name for our further handling. If I may be of further assistance, - please - advise. Sincerely, �U Anthony W L District Engineer A Lidd Attachments: SR -1 Road Petition request form and locator map 300 Division Drive, Mhnington, N.C. 25401 Tel: (910) 251 -2655 Fax: (9 10) X51 -2759 Board of Commissioners Meeting 09/07/2010 2 -1 -1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: A portion (0.12 miles) of Harnett Avenue (Division File No. 1165 -N) located at the intersection of State Road NC 133 (Castle Hayne Road) and Harnett Avenue (non - system roadway) located within New Hanover County. WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 7 th day of September , 2010. WITNESS my hand and official seal this the 2010. day of Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.doc Board of Commissioners Meeting 09/07/2010 2 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 CONSENT ITEM: 3 DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell, County Manager CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Adoption of Constitution Week Proclamation BRIEF SUMMARY: Lynn Benson from the National Society Daughters of the American Revolution submitted the attached request to have the Board recognize September 17 -23, 2010 as Constitution Week in New Hanover County. She requested that the proclamation be mailed to her if adopted. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Letter of Request Constitution Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 3 -0 August 19, 2010 E C E 9 W E AUG 2.2010 NEW HANOVER C0 BD. OF COMMISSIONERS Jason R. Thompson, Chairman New Hanover County Board of Commissioners 230 Government Center Drive Wilmington, NC 28403 Jason R. Thompson, Chairman, On behalf of the Wilmington Ladies Tea Walk Chapter, National Society Daughters of the American Revolution, Lynn Benson, Constitution Week Chairman, would like to respectfully request that a proclamation be granted honoring September 17 through 23, 2010 as Constitution Week in New Hanover County. Please fmd enclosed a sample proclamation for your convenience. Sincerely, Lynn Benson Constitution Week Chairman Wilmington Ladies Tea Walk Chapter National Society Daughters of the American Revolution 910 - 458 -3952 Board of Commissioners Meeting 09/07/2010 3 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2010 PROCLAMATION WHEREAS, September 17, 2010 marks the two hundred twenty -third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2010 be recognized as "Constitution Week" in New Hanover County. ADOPTED this the 7 th day of September, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 3 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 CONSENT ITEM: 4 DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Director, Parks, Gardens and Senior Resources CONTACT(S): Janine Powell, Development Coordinator, Parks, Gardens and Senior Resources SUBJECT: Approval to Accept 2010 -2011 SHIIP Grant in the Amount of $6,421 BRIEF SUMMARY: The New Hanover County Senior Resource Center and Retired and Senior Volunteer Program (RSVP) is eligible to receive a grant from the North Carolina Department of Insurance Senior Health Insurance Information Program (SHIIP) in the amount of $6,421 for 2010 -2011. Grant funds will be used to provide education, outreach and advocacy for senior residents of New Hanover County. Trained RSVP volunteers will counsel seniors 65+ on all Medicare issues (supplements, prescription drug plans and long term care health insurance). RSVP /SHIIP will sponsor seminars and workshops which will address all Medicare services. There is NO match required for this grant. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve acceptance of the grant and adopt ordinance for budget amendment 11 -048. ATTACHMENTS: SHIIP Grant Contract B/A 11 -048 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 4 -0 STATE OF NORTH CAROLINA COUNTY OF WAKE PR 9864994 Duns Number 04- 002 -9563 This Contract and the attachments must be completed and returned to the Agency within 45 days of receiving the electronic document in order for the Agency to process the award and get the funds to the Grantee. Grantee will have to provide progress reports and a final reports showing how the funds were spent. Pursuant to NC General Statute 143 C -6 -23, Report on use of State funds by Non -State Entities requires the Grantee to complete reports for the Office of State Budget and Management. This Contract is entered into by and between the North Carolina Department of Insurance, Division of SHIIP, hereinafter referred to as the "Agency ", and RSVP/New Hanover County hereinafter ��;1 oft referred to as the "Grantee" referred to collectively as the "Parties ", for the activities specified therein. 1. Contract Documents: This Contract shall consist of the following documents, incorporated herein by reference: (1) This Contract; (2) General Terms and Conditions for Private and Public Sector Contracts (Attachment A) (3) Statement of Work (Attachment B) (4) Line Item Budget and Budget Narrative (Attachment C) (5) Notice of Certain Reporting and Audit Requirements (Attachment D) [Not required by Governmental entity] (6) Certification of No Overdue Tax Debts (Attachment E) [Not required by Governmental entity] (7) Certifications Regarding, Drug -Free Work - Place; Lobbying; and Debarment, Suspension and Other Responsibility Matters (Attachment F) These documents constitute the entire agreement between the Parties and supersede all prior or written statements or agreements. 2. Precedence Among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first - listed document having the highest precedence and the last - listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This Contract is effective July 1, 2410 and terminates on June 30, 2011 4. Key Personnel: The Grantee shall not substitute key personnel assigned to the performance of this contract without prior written approval by the Agency. The individuals designated as key personnel for purposes of this contract are those specified as such in the Grantee's Proposal and such others as the parties may agree. 5. Grantee's Duties: The Grantee shall provide the services as described in Attachment B with the terms of this Contract and in accordance with the approved budget in Attachment C. Make available all records, papers, vouchers, books, correspondence or other documentation or evidence at reasonable times for review, inspection or audit by duly authorized officials of the Agency, the North Carolina State Auditor, or applicable federal agencies. Submit to the Agency all plans, reports, documents or other products that the Agency may require, in the form specified by the Agency, including without limitation of the following: A) A final budget report of expenses incurred during the period; B) A mid -year report of the contracted activities of the Contractor; due by January 31, 2011; C) A final report within sixty (60) days of the project end date; due on or before August 31, 2011. Board of Commissioners Meeting 09/07/2010 4 -1 -1 6. Agency's Duties: The Agency will reimburse the Grantee for the costs of services and activities described in Attachment B and in accordance with the approved budget in Attachment C. The Agency will monitor the Grantee for compliance with the terms of this Contract; and specifying all reports and other deliverables required from the Grantee. The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total amount paid by the Agency to the Grantee under this Contract shall not exceed $6,42 1.00. This amount consists of $6.421.00, (SHIIP Federal Grant); CFDA # 93.779. [ x ] a. There are no matching requirements from the Contractor. [ ] b. The Contractor's matching requirement is $ ,which shall consist of: [ ] In -kind [ ]Cash [ ]Cash and In -kind [ ]Cash and /or In -kind The contributions from the Grantee shall be source from non - federal funds. The total contract amount is $6,421.00. 7. Conflict of Interest Policy: Grantee shall file with the Agency a copy of Grantee's policy addressing conflicts of interest that may arise involving the grantee's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the grantee's employees or members of its board or other governing body, from the grantee's disbursing of State funds and shall include actions to be taken by the grantee or the individual, or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before Agency may disburse the grant funds. (N.C.G.S. 143C-6-23(b)(2007)) S. Statement of No overdue Tag Debts: Grantee's sworn written statement pursuant to N.C.G.S. 1430 -6- 23(c), stating that the Grantee does not have any overdue tax debts, as defined by G.S. 105- 243.1, at the federal, state, or local level, is attached as Attachment E. Grantee acknowledges that the written statement must be filed before Agency may disburse the grant funds. [Not required by Governmental entity] g. Reversion of Unexpended Funds: Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 10. Reporting Requirements: The Agency has determined that this Contract is subject to the reporting requirements described on the attached Notice of Certain Reporting and Audit Requirements, Attachment D. The NC Grants Online Reporting User's Manual is available on line at https:llwww.ncgrants. gov/NCGrants /H elp . j sp. Grantees can enter the annual grants reporting information required under NC General Statute 1430 -6 -23 directly into the grants database from this site https:// www. ncgrants . gov/NCGrants/flome.,�sl? . 11. Payment Provisions: As provided in N.C.G.S. 1430 -21 this Contract is an annual appropriation of $100,000 or less to or for the use of a nonprofit corporation and payment shall be made in a single annual payment. 12. Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, address, telephone number and fax number of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, address, telephone number and fax number of its Contract Administrator by giving timely written notice to the other Party. Board of Commissioners Meeting 09/07/2010 Page 2 of 17 4 -1 -2 For the Agency: Carla Gbiol, Deputy Commissioner SHIIP Division 11 South Boylan Avenue Raleigh, North Carolina 27603 Phone (919) 807 -6900 Fax (919) 807 -6901 For the Grantee: Valerie Smith 2222 S. College Road Wilmington, North Carolina 28403 Phone 910- 798 -6400 Fax 914 - 798 -6411 13. Payment for Services: Upon execution of this Contract, the Agency shall submit to the Grantee the full amount of the total reimbursement within 30 days of the contract period. All payments are contingent upon fund availability. 14 Supplementation of Expenditures of Public Funds: The Grantee assures that funds received under this contract shall be used only to supplement, not to supplant, the total amount of federal, state and local public funds the Grantee otherwise expends for SHIIP (indicate type of services) services and related programs. Funds received under this contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other public funds for such services. 15. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequate internal controls over disbursements; b. Pre -audit all vouchers presented for payment to determine; 0 Validity and accuracy of payment • Payment due date ■ Adequacy of documentation supporting payment • Legality of disbursement C. Assure adequate control of signature stamps /plates; d. Assure adequate control of negotiable instruments; and e. Implement procedures to insure that account balance is solvent and reconcile the account monthly. 16. outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of this Contract without providing notice to the Agency. 17. Federal Certifications: The Grantee agrees to execute the following federal certifications that are attached to this agreement (applicable when receiving federal funds). A. Certification Regarding Lobbying. B. Certification Regarding Department. C. Certification Regarding Drug -Free workplace Requirements. 18. Health Insurance Portability and Accountability Act (HIPAA): The Grantee agrees that, if the Agency determines that some or all of the activities within the scope of this Contract are subject to the Health Insurance Portability Act of 1996, P.L. 104 -91, as amended ("HIPAA"), or its implementing regulations, it will comply with the HIPAA requirements and will execute such agreements and practices as the Agency may require to ensure compliance. Board of Commissioners Meeting 09/07/2010 Page 3 of 17 4 -1 -3 19. Signature Warranty: The undersigned represent and warranty that they are authorized to bind their principals to the terms of this agreement. In witness whereof, the Grantee and the Agency have executed this Agreement with one original, which is retained by Agency. RSVP/New Hanover County Department of Aging Witness BY: Printed. Name Printed Name DATE: Division of SHI1P , BY: Carla obiol Deputy Commissioner DATE: Louis Belo Chief Deputy Commissioner Ernest Nickerson Senior Deputy Commissioner DATE: Contract is not executed until last signature is obtained. [ TBL 7-13-2010] Format reviewed &approved by Controller's Office Board of Commissioners Meeting Page 4 of 17 09/07/2010 4 -1 -4 PRIVATE & PUBLIC SECTOR. Attachment A General Terms and Conditions DEFINITIONS Unless indicated otherwise from the context, the following terms shall have the following meanings in this Contract. All definitions are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or statute that is the source of the definition is changed by the adopting authority, the change shall be incorporated herein. (1 ) "Agency" (as used in the context of the definitions below) shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subagency of government. For other purposes in this Contract, "Agency" shall mean the entity identified as one of the parties hereto. (2) "Audit" means an examination of records or financial accounts to verify their accuracy. (3) "Certification of Compliance" means a report provided by the Agency to the Office of the State Auditor that states that the Grantee has met the reporting requirements established by this Subchapter and included a statement of certification by the Agency and copies of the submitted grantee reporting package. (4) "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the State and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for testing those requirements. (5) "Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee, and subgrantee. (6) "Fiscal Year" means the annual operating year of the non -State entity. (7) "Financial Assistance" means assistance that non -State entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial r•� H L J (10) (11) ( r L w (14) assistance does not include amounts received as reimbursement for services rendered to individuals for Medicare and Medicaid patient services. "Financial Statement" means a report providing financial statistics relative to a given part of an organization's operations or status. "Grant" means financial assistance provided by an agency, grantee, or subgrantee to carry out activities whereby the grantor anticipates no programmatic involvement with the grantee or subgrantee during the performance of the grant. "Grantee" has the meaning in G.S. 143C-6- 23(a)(2): a non -State entity that receives a grant of State funds from a State agency, department, or institution but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, "Grantee" shall mean the entity identified as one of the parties hereto. "Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve a specified goal or obj ective. "Non -State Entity" has the meaning in N.C.G.S. 143C- 1- 1(d )(18): Any of the following that is not a State agency: An individual, a firm, a partnership, an association, a county, a corporation, or any other organization acting as a unit. The term includes a unit of local government and public authority. "Public Authority" has the meaning in N.C.G.S. 143C- 1- 1(d)(22): A municipal corporation that is not a unit of local government or a local governmental authority, board, commission, council, or agency that (i) is not a municipal corporation and (ii) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local government. "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance Board of Commissioners Meeting 09/07/2010 Page 5 of 17 4 -1 -5 with the requirements of Federal or State awards. (15) "Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. (16) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non -State entities. Both Federal and State funds maintain their identity as they are subgranted to other organizations. Pursuant to N.C.G.S. 1430- 6- 23(a )(1), the terms "State grant funds" and "State grants" do not include any payment made by the Medicaid program, the Teachers' and State Employees' Comprehensive Major Medical Plan, or other similar medical programs. (17) " Subgrantee" has the meaning in G.S. 143C -6- 23(a )(3): a non -State entity that receives a grant of State funds from a grantee or from another subgrantee but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. (1 S) "Unit of Local Government has the meaning in G.S. 143C-1-1(d)(29): A municipal corporation that has the power to levy taxes, including a consolidated city - county as defined by G.S. 160B -2(1), and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. Relationships of the Parties Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Agency. Subcontracting: The Grantee shall not subcontract any of the work contemplated under this Contract without prior written approval from the Agency. Any approved subcontract shall be subject to all conditions of this Contract. Only the subcontractors or subgrantees specified in the contract documents are to be considered approved upon award of the contract. The Agency shall not be obligated to pay for any work performed by any unapproved subcontractor or subgrantee. The Grantee shall be responsible for the performance of all of its subgrantees and shall not be relieved of any of the duties and responsibilities of this Contract. Subgrantees: The Grantee has the responsibility to ensure that all subgrantees, if any, provide all information necessary to permit the Grantee to comply with the standards set forth in this Contract. Assignment: No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the State may: (a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment checks). In no event shall such approval and action obligate the State to anyone other than the Grantee and the Grantee shall remain responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee that any such person or entity, other than the Agency or the Grantee, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. Indemnity and Insurance Indemnification: The Grantee agrees to indemnify and hold harmless the Agency, the State of North Carolina, and any of their officers, agents and employees, from any claims of third parties arising out of any act or omission of the Grantee in connection with the performance of this Contract. PRIVATE SECTOR ONLY Insurance: During the term of the contract, the Grantee at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a Board of Commissioners Meeting Page S of 17 09/07/2010 4 -1 -6 minimum, the Grantee shall provide and maintain the following coverage and limits: (a) Worker's Compensation - The grantee shall provide and maintain Worker's Compensation Insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Grantee's employees who are engaged in any work under the contract. If any work is sublet, the Grantee shall require the subgrantee to provide the same coverage for any of his employees engaged in any work under the contract. (b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) (c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned vehicles used in performance of the contract. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee and is of the essence of this Contract. The Grantee may meet its requirements of maintaining specified coverage and limits by demonstrating to the Agency that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the Agency. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Grantee shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Grantee shall not be interpreted as limiting the grantee's liability and obligations under the contract. PRIVATE & PUBLIC SECTOR OR Default and Termination Termination by Mutual Consent: The Parties may terminate this Contract by mutual consent with 30 days notice to the other party, or as otherwise provided by law. Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Contract in a timely and proper manner, the Agency shall have the right to terminate this Contract by giving written notice to the Grantee and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency, become its property and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Grantee shall not be relieved of liability to the Agency for damages sustained by the Agency by virtue of the Grantee's breach of this agreement, and the Agency may withhold any payment due the Grantee for the purpose of setoff until such time as the exact amount of damages due the Agency from such breach can be determined. The filing of a petition for bankruptcy by the Grantee shall be an act of default under this Contract. Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this Contract by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Contract unless stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and attached to the contract. Availability of Funds: The parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of limitation. Board of Commissioners Meeting Page 7 of 17 09/07/2010 4 -1 -7 Intellectual Property Rights Copyrights and ownership of Deliverables: All deliverable items produced pursuant to this Contract are the exclusive property of the Agency. The Grantee shall not assert a claim of copyright or other property interest in such deliverables. PRIVATE SECTOR ONLY Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the Agency shall be entitled to all rights and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public Law 100- 506, codified at 11 U.S.C. 365 (n) and any amendments thereto. P'RIVAx . PUBLIC SECTOR Compliance with Applicable Laws Compliance with Laws: The Grantee shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and /or authority. Equal Employment Opportunity: The Grantee shall comply with all federal and state laws relating to equal employment opportunity. Confidentiality Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the Agency. The Grantee acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract. Oversight Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with N.C.G.S. 147- 64.7. Additionally, as the State funding authority, the Agency and all applicable federal agencies or their agents shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to federal policy and regulations, record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has been started before expiration of the five -year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five- year period described above, whichever is later. Miscellaneous Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Agency and the Grantee. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall remain in full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Board of Commissioners Meeting Page 8 of 17 09/07/2010 4 -1 -8 Time of the Essence: Time is of the essence in the performance of this Contract. PRIVATE SECTOR ONLY Certification Regarding Collection of Taxes: N.C.G.S. 143 -59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of N.C.G.S. 105- 164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the market by media - assisted, media - facilitated, or media - solicited means. The Grantee certifies that it and all of its affiliates (if any) collect all required taxes. PRIVATE & PUBLIC SECTOR Care of Property: The Grantee agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this Contract and will reimburse the Agency for loss of, or damage to, such property. At the termination of this Contract, the Grantee shall contact the Agency for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Grantee for travel mileage, meals, lodging and other travel expenses incurred in the performance of this Contract shall be reasonable and supported by documentation. State rates should be used as guidelines. International travel shall not be reimbursed under this Contract. Sales/Use Tax Refunds: If eligible, the Grantee and all subgantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to N.C.G.S. 105 - 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Grantee shall not use the award of this Contract as a part of any news release or commercial advertising. Board of Commissioners Meeting Page 9 of 17 09/07/2010 4 -1 -9 Attachment B For the period 7/1/2010 — 6/30/2011 Statement of Work Grantee: New Hanover County Senior Resource Center & Retired and Senior Volunteer Program This statement should be a short summary describing what the grantee does and how the Grantee will use these funds. The terms of the contract between the main SHIM office and the agencies require local programs meet these goals for FY 2010. The uses of these funds are not limited to but MUST include the following activities: 1) Hold regular (weekly) counseling clinics during the period 10/2010 through 3/2011; 2) Coordinate a county volunteer recognition event during the period 9/1/2010 — 10/31/2010; 3) Expand Low Income Subsidy (LIS) outreach and enrollment in the county by participating in at least one outreach activity targeted to LIS populations; 4) Attendance at the SHIM Coordinators' Training Conference on July 21 and 22, 2010 is mandatory for all coordinators; 5) Must submit NPR forms in a timely manner to SHIIP office in Raleigh; 5} Each SHIIP coordinating site must reach out to 50% of the county population for activity events; 7) Each SHIIP coordinating site must counsel 1% of their county's Medicare population. SCOPE OF WORK: (Maximum 2 pages) See attached page. Page 10 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -10 Attachment B Scope of Work The New Hanover County Senior's Health Insurance Information Program is sponsored by the Retired & Senior Volunteer Program. RSVP will continue to recruit and retain volunteers for the SHIIP Program. RSVP will provide an office, supplies and necessary computers for the volunteers. RSVP will provide quarterly training for the volunteers and invite other community professionals to join the training sessions. Our goal is to keep Medicare recipients of all ages up to date on changes and /or services that are available. We will achieve the goal by: 1) Continue with the Tuesday and Thursday walk -in clinics from l 1:00am until 1:00pm and by providing appointments for Medicare recipients on Monday, Wednesday and Friday from 9:00am until 4: oopm. 2) Coordinate a county volunteer recognition during the period of 9/l/2010-10/31/2010. A SHIIP volunteer recognition event is scheduled for the week of September 27, 2010, exact date to be determined. 3) The SHIIP program will expand the LIS program through outreach, mailings, community special events, media and all other available opportunities. 4) The county coordinator did attend the SHIIP Coordinator's Training Conference on July 21 and 22, 2010 in Greensboro, NC. 5) The New Hanover County SHIIP program will submit NPR forms in a timely manner to the SHIIP office in Raleigh. 6} The New Hanover County SHIIP program will counsel at least I% of the county's Medicare population through the weekly walk -in clinics, individual scheduled appointments and referrals made through the numerous outreach activities planned for the reporting period. 7) The New Hanover County SHIIP program will participate in at least two outreach programs geared to the Medicare population in New Hanover County. One outreach will concentrate on possible LIS recipients in zip codes 28402 and 28403. Other outreach events are planned in conjunction with expanding the LIS enrollment as well as educating the general population. Board of Commissioners Meeting 09/07/2010 4 -1 -11 Attachment C For the period 07/1/2010— 6/30/2011 Line Item Budget and Budget Narrative Provide a budget and short narrative on the use of the funding amount reflected on the contract. Please provide details of all expenses including routine charges. These expenditures may include telephone, postage, salary, equipment purchases, internet services etc. All budgets must be approved by the SH1IP office. Grantee Name: New Hanover County Senior Resource Center & Retired and Senior Volunteer Program Grantee Name: Budget Amount Contractual Construction Su lies/E ui ment 2,221 Other 3,500 Travel 700 Personnel/Fringe Total Narrative: Budget Narrative attached. Page 11 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -12 Attachment C Budget Narrative 2010 -2011 Budget Award: $6,421.00 Supplies/Equipment: $1 Supplies Postage SHIIP Printer Software for SHIIP Laptops Wireless Air Card Other: $300 Recognition: $1,000 Outreach Activities/Events: $200 Travel: $ 700 Board of Commissioners Meeting 09/07/2010 4 -1 -13 Attachment D Notice of Certain Reporting and Audit Requirements Grantee shall comply with the all rules and reporting requirements established by statute or administrative rules. For convenience, the requirements of 9 N.C.A.C. Subchapter 3M.0205 are set forth in this Attachment. Reporting Thresholds. There are three reporting thresholds established for grantees and subgrantees receiving State funds. The reporting thresholds are: (l� Less than $25,000 — A grantee that receives, uses, or expends State funds in an amount less than twenty - five thousand dollars ($25,000) within its fiscal year must comply with the reporting requirements established by 9 N.C.A.C. Subchapter 3M including: (A) A certification completed by the grantee Board and management stating that the State funds were received, used, or expended for the purposes for which they were granted; and (B) An accounting of the State funds received, used, or expended. All reporting requirements shall be filed with the funding agency within six months after the end of the grantee's fiscal year in which the State funds were received. (2) $25,000 up to $500,000 - A grantee that receives, uses, or expends State funds in an amount of at least twenty-five thousand ($25,000) and up to five hundred thousand dollars ($500,000) within its fiscal year must comply with the reporting requirements established by this Subchapter including: (A) A certification completed by the grantee Board and management stating that the State funds were received, used, or expended for the purposes for which they were granted; (B) An accounting of the State funds received, used, or expended; and (C) A description of activities and accomplishments undertaken by the grantee with the State funds. All reporting requirements shall be filed with the funding agency within six months after the end of the grantee's fiscal year in which the State funds were received. (3) Greater than $500,000 — A grantee that receives, uses, or expends State funds and in the amount greater than five hundred thousand dollars ($500,000) within its fiscal year must comply with the reporting requirements established by this Subchapter including: (A) A certification completed by the grantee Board and management stating that the State funds were received, used, or expended for the purposes for which they were granted; (B) An audit prepared and completed by a licensed Certified Public Accountant for the grantee consistent with the reporting requirement of this Subchapter; and (C) A description of activities and accomplishments undertaken by the grantee with the State funds. All reporting requirements shall be filed with both the funding agency and the Office of the State Auditor within nine months after the end of the grantee's fiscal year in which the State funds were received. Page 12 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -14 Other Provisions: 1. Unless prohibited by law, the costs of audits made in accordance with the provisions of 9 N.C.A.C. 3M.0205 are allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in the Office of Budget and Management (OMB) Circular A -87. The cost of any audit not conducted in accordance with this Subchapter is unallowable and shall not be charged to State or Federal grants. 2. The audit requirements in 9 N.C.A.C. Subchapter 3M do not replace a request for submission of audit reports by grantor agencies in connection with requests for direct appropriation of state aid by the General Assembly. 3. Notwithstanding the provisions of 9 N.C.A.C. Subchapter 3M, a grantee may satisfy the reporting requirements of Part (a)(3)(B) of this Rule by submitting a copy of the report required under the federal law with respect to the same funds. 4. All grantees and subgrantees shall use the forms of the office of State Budget and Management and of the Office of the State Auditor in making reports to the awarding agencies and the Office of the State Auditor. Page 13 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -15 Attachment E State Grant Certification — No Overdue 'Tax D e bts i Instructions: Grantee should complete this certification for all state funds received. Entity should enter appropriate data in the yellow highlighted areas. The completed and signed form should be provided to the state agency funding the grant to be attached to the contract for the grant funds. A E copy of this form, along with the completed contract, should be kept by the funding agency and available for review by the Office of the State Budget and Management. We certify that the [insert organization's name] does not have any ova 243.1, at the federal, State, or local level. We further understand that a of N.C.G.S. 143C- 6 -23(c) is guilty of a criminal offense punishable pro Sworn Statement: �4ue tax debts, as defined by N.C.G.S. 105- person who makes a false statement in violation �vided by N.C.G.S. 143- 34(b). [Name of Board Chair] and [Name of Second Authori ' g Official] being duly sworn, say that we are the Board Chair and [Title of the Second Authorizing Official], respectiv y, of [insert name of organizati of [C in the State of [Name of State]; and that the foregoing certification is true, ccurate and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and u , erstand that any misuse of State funds will be reported to the appropriate authorities for further action. Board Chair [Title of Second Authory&g Official] Sworn to and subscribed bere me on the day of the date of said certification. (Notary SignatVe and Seal) My Commission Expires: If there are y questions, please contact the state agency that provided your grant. If needed you may contact the North Carolina Office of state Budget P Management: NCCrants cr osbm;nc,gov - (919) 807 -4795 ' G.S. 105 -243.1 defines: "Overdue tax debt. Any part of a tax debt that remains unpaid 90 days or more after the notice of final assessment was mailed to the taxpayer. The term does not include a tax debt, however, if the taxpayer entered into an installment agreement for the tax debt under G.S. 105 -237 within 90 days after the notice of final assessment was mailed and has not failed to make any payments due under the installment agreement." Page 14 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -16 Attachment F Certifications Regarding, Drug -Free Work - Place; Lobbying; and Debarment, Suspension and other Responsibility Matters 1. Drug -Free Work -Place The undersigned (authorized official) certifies that it will provide a drug -free workplace in accordance with the Drug - Free Work -Place Act of 1988, 45 CFR Part 76, subpart F. The certification set out below is a material representation of fact upon which reliance will be placed when awarding the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspensions or termination of grants or government wide suspension or debarment. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); above; (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2), above, from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to SHIIP on whose grant activity the convicted employee was working. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d )(2), above, with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The grantee certifies that, as a condition of the grant, it will not engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in conducting any activity with the grant. Page 15 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -17 2. Lobbying Title 31 of the United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who request or received a Federal grants or cooperative agreement must disclose lobbying undertaking with non - Federal (non- appropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part93). The undersigned (authorized official) certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. Debarment, Suspension and other Responsibility Matters NOTE: In accordance with 45 CFR Part 76, amended June 26, 1995, any debarment, suspension, proposed debarment or other government wide exclusion initiated under the Federal Acquisition Regulation (FAR) on or after August 25, 1995, shall be recognized by and effective for Executive Branch agencies and participants as an exclusion under 45 CFR Part 76. (a) Primary Covered Transactions The undersigned (authorized official) certifies to the best of his or her knowledge and belief, that the applicant, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (2) have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Page 16 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -18 (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the applicant not be able to provide this certification, an explanation as to why should be placed under the assurances page in the application package. (b) Lower Tier Covered Transactions The applicant agrees by submitting this proposal that it will include, without modification, the following clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -- Lower Tier Covered Transaction" (Appendix B to 45 CFR Part 76) in all lower tier covered transactions (i.e., transactions with subgrantees and /or contractors) and in all solicitations for lower tier covered transactions: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -- Lower Tier Covered Transactions (1) The prospective lower tier participant certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or Voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature of Authorized Certifying Official Title Grantee Name Date Submitted New Hanover County Senior Resource Center & Retired and Senior Volunteer Program Page 17 of 17 Board of Commissioners Meeting 09/07/2010 4 -1 -19 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -048 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -048 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Parks, Gardens and Senior Resource Center/Health & Wellness Expenditure: Decrease Increase Parks, Gardens & SRC /Health & Wellness: Travel & Training $700 Volunteer Recognition 1 Supplies 1 Postage 550 Contract Services - Meals 2 Total $6 Revenue: Decrease Increase Parks, Gardens & SRC /Health & Wellness: Grant — State — SHIIP $6 Total $6 Section 2: Explanation To budget a $6,421 grant from the North Carolina Department of Insurance Senior Health Insurance Information Program (SHIIP) for FYI 0- 11. Grant funds will be used to provide education, outreach and advocacy for senior residents of New Hanover County. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -048, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 4 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 CONSENT ITEM: 5 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2011. 11 -028 - Parks, Gardens, Senior Resource Center 11 -029 - Parks, Gardens, Senior Resource Center 11 -030 - Parks, Gardens, Senior Resource Center 11 -047 - Parks, Gardens, Senior Resource Center 11 -036 - Social Services 11-038 - Property Management 11 -041 - Health 11 -042 - Health 2011 -08 - Sheriffs Office 2011 -09 - Sheriffs Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed. ATTACHMENTS: B/A 11 -028 B/A 11 -029 B/A 11 -030 B/A 11 -047 B/A 11 -036 B/A 11 -038 B/A 11 -041 B/A 11 -042 B/A 2011 -08 B/A 2011 -09 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 09/07/2010 5 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 5 -0 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -028 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -028 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Parks, Gardens and Senior Resource Center/Parks & Garden Operations Expenditure: Decrease Increase Parks, Gardens & SRC /Parks and Garden Operations: Temporary Salaries $23 Social Security Tax 1 Total $25,000 Total $25,000 Revenue: Decrease Increase Parks, Gardens & SRC /Parks and Garden Operations: Grant — Local — Airlie Foundation $25 Total $25,000 Section 2: Explanation To budget $25,000 in funding from the Airlie Foundation to support temporary salaries for a temporary worker at Airlie Gardens. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -028, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -1 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -029 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -029 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Parks, Gardens and Senior Resource Center/Health & Wellness Promotion Expenditure: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Temporary Salaries $4 Social Security Tax 356 Total $5 Total $5,000 Revenue: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Grant — Local — VOCAL (CK Holmes Foundation) $5 Total $5 Section 2: Explanation The Volunteer Older Citizens Action League (VOCAL) of New Hanover County supports the programs and services provided by the New Hanover County Senior Resource Center (SRC). VOCAL applied to the Catherine Kennedy Home Foundation, on behalf of the SRC, and was awarded $5,000 to partially fund the coordinator's salary for the Prescription Drug Assistance Program. The Prescription Drug Assistance Program helps low income Medicare beneficiaries complete applications for the Low Income Subsidy program, provides Medicare counseling and enrollment services, and conducts Medicare and Prescription Drug outreach and education initiatives. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -029, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -2 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -030 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -030 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Parks, Gardens and Senior Resource Center /Independent Life Services and Recreation & Outreach Expenditure: Decrease Increase Parks, Gardens & SRC/Independent Life Services: Contract Services — Transportation $38 $68 Contract Services — Meals (Congregate Meals) 31 Supplies 6 Supplies - Gasoline 582 32 Contract Services — Meals (Home Delivered Meals) $55 Social Security $77,021 j 1 Adult Day Care / Health Services 7 In Home Aide Services 6 Parks, Gardens & SRC /Recreation & Outreach: Supplies 32 Total $77 $101 Revenue: Decrease Increase Parks, Gardens & SRC/ Independent Life Services: Grant — HCCBG $77 $68 Parks, Gardens & SRC /Recreation & Outreach: Grant — HCCBG 32 Total $77,021 j j $101 Section 2: Explanation To adjust the FY10 -11 Adopted Budget for the actual allocation received from the Home and Community Care Block Grant (HCCBG). The Board previously approved acceptance of the grant on June 7, 2010. In total, the Senior Resource Center received a net increase of $24,288 in funding. No additional County match is required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11-030, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -3 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -047 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -047 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Parks, Gardens and Senior Resource Center /Independent Life Services Expenditure: Decrease Increase Parks, Gardens & SRC/Independent Life Services: Family Caregiver Respite Services $500 Total $500 Revenue: Decrease Increase Parks, Gardens & SRC/Independent Life Services: Grant — Federal — State (Family Caregiver) $500 Total $500 Section 2: Explanation To adjust budget $500 for the actual Family Caregiver Support Program Grant award received from the North Carolina Department of Health and Human Services. Additional funds will be used to provide respite care services for caregivers. No County match is required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -047, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -4 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -036 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -036 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS /TANF — Domestic Violence Expenditure: Decrease Increase DSS /TANF — Domestic Violence: Assistance Payments $6 Total $6 Revenue: Decrease Increase DSS /Administration: DSS Admin 1571 Funds — Federal /State $6 Total $6 Section 2: Explanation To budget $6,359 of Federal Temporary Assistance to Needy Families (TANF) funds for domestic violence client services. This is a one -time additional allocation which must be spent by September 30, 2010. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11-036, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -5 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -038 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-038 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Clerk of Superior Court and Property Management Expenditure: Decrease Increase Property Management: Contract Services $120 Clerk of Superior Court: Rent $120 Total $120 $120 Revenue: Decrease Increase Total Section 2: Explanation To transfer funds from Property Management to the Clerk of Superior Court for leases and moving expenses for the Public Defender and Guardian Ad Litem from the Administration Building at 320 Chestnut Street to other downtown locations. Funds were appropriated in Property Management's FYI 0 -11 budget for a short term solution due to the building's current problems. New Hanover County is required to provide facilities for these agencies since they provide Court- related functions. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11-038, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -6 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -041 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -041 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health /Safe Kids Expenditure: Decrease Increase Health /Safe Kids: Supplies $500 Total I 1 $500 Revenue: Decrease Increase Health /Safe Kids: Grant — Local — Safe Kids Worldwide $500 Total I 1 1 $500 Section 2: Explanation The Health Department received a $500 grant from Safe Kids Worldwide for the "Safe Kids Walk This Way for Halloween" safety program. The funds will be used for marketing, educational materials and incentives related to Halloween pedestrian safety. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -041, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -7 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -042 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -042 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health /Safe Kids Expenditure: Decrease Increase Health /Safe Kids: Contract Services $25 Total $25 Revenue: Decrease Increase Health /Safe Kids: Grant — Local — Safe Kids USA $25 Total $25,000 Section 2: Explanation The Health Department received a $25,000 grant from Safe Kids USA to support projects focusing on modifications that improve conditions for child pedestrians. This project addresses pedestrian safety in the Urban Core Zone as defined in the adopted Walk Wilmington comprehensive pedestrian plan, and will raise awareness of dangerous pedestrian environments, educate children about safe pedestrian behavior, advocate for law enforcement, and improve environmental conditions to decrease risks to child pedestrians. These funds will be administered on behalf of a local task force to improve conditions for pedestrians at the intersections of South 10 and Dawson Street and South 10 and Wooster Street. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -042, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -8 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011 -08 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011 -08 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $5 Total $5 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $5 Total $5 Section 2: Explanation To budget Controlled Substance Tax receipts received on 8/18/10. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2011 -08, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -9 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011 -09 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011 -09 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property: Supplies $26 Total $26 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $26 Total $26 Section 2: Explanation To budget Federal Forfeited Property receipts of 8/10 and 8/18/2010 in the amount of $17,275, and $9,342 received from the GovDeals auction. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2011 -09, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 5 -10 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): Vice - Chairman Barfield CONTACT(S): Catrecia McCoy Bowman, Information and Communication Specialist, Southeastern Center MH /DD /SA SUBJECT: Consideration of National Alcohol and Drug Addiction Recovery Month Proclamation BRIEF SUMMARY: Catrecia McCoy Bowman, Information and Communication Specialist with Southeastern Center MH /DD /SA, provided the attached proclamation to recognize September as Recovery Month in New Hanover County. Brunswick and Pender counties will consider similar proclamations. Recovery Month is designed to empower people in recovery and educate our community about how substance use disorders affect all people in the community, including public safety officials, the workforce, older adults, and families. Therefore, it is essential to combat misconceptions associated with addiction. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Recovery Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 6 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH PROCLAMATION WHEREAS, recovery from substance use disorders is possible through a variety of treatment resources and recovery support programs; and WHEREAS, thousands of people across the United States are living happy, healthy, and productive lives in recovery; and WHEREAS, stress can contribute to substance use disorders, and finding a positive outlet for dealing with stress is crucial as people continue to face stressful situations in their lives; and WHEREAS, nearly half of Americans reported that their stress levels had increased over the past year in 2008, with as many as 30 percent rating their stress levels as extreme (American Psychological Association, Executive Report, October 7, 2008); and WHEREAS, in 2008, an estimated 23.1 million people of every age, race, ethnicity, and socio- economic status needed treatment for substance dependence or abuse in the United States (2008 National Survey on Drug Use and Health); and WHEREAS, substance use disorders are a treatable, yet serious health care problem, and our community must take steps to address it; and WHEREAS, educating our community about how substance use disorders affect all people in the community, including public safety officials, the workforce, older adults, and families, therefore is essential to combat misconceptions associated with addiction; and WHEREAS, to help more people enter a path of recovery, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and Cape Fear Recovery Month Committee, Coastal Horizons Center, Wilmington Treatment Center and the area Recovery Community invite all residents of New Hanover County, North Carolina to participate in "National Alcohol and Drug Addiction Recovery Month ". NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2010 be recognized as "National Alcohol and Drug Addiction Recovery Month" in New Hanover County and that the people of New Hanover County are called upon to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: NOW MORE THAN EVER ". ADOPTED this the 7 th day of September, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 6 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Jennifer Caslin, Food Bank of Central & Eastern North Carolina CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Hunger Action Month Proclamation BRIEF SUMMARY: Jennifer Caslin is the Wilmington Branch Development Manager of the Food Bank of Central & Eastern North Carolina. She submitted the attached proclamation as an opportunity to support the purposes and practices of community involvement in Hunger Action Month during the month of September 2010. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Hunger Action Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 7 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS HUNGER ACTION MONTH PROCLAMATION WHEREAS, the Food Bank of Central & Eastern North Carolina at Wilmington dedicates itself to ensuring no one in New Hanover County goes hungry year round in partnership with Feeding America; and WHEREAS, Feeding America, the largest domestic hunger relief organization, and the Food Bank recognize September as "Hunger Action Month "; and WHEREAS, Hunger Action Month encourages the citizens of New Hanover County to donate their time by volunteering at the Food Bank; and WHEREAS, Hunger Action Month encourages the citizens of New Hanover County to contribute food or other donations to the Food Bank; and WHEREAS, Hunger Action Month encourages the citizens of New Hanover County to donate their voice by sharing with others the problem of hunger in our area. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2010 be recognized as "Hunger Action Month" in New Hanover County. ADOPTED this the 7 th day of September, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 7 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Sheriff Ed McMahon SUBJECT: Consideration of New Hanover County Schools' Request of One Additional School Resource Officer for Holly Shelter Middle School BRIEF SUMMARY: At the Schools request, there are full -time School Resource Officers (Sheriff Office Deputies) on duty in each of the County's seven middle schools. A yearly Letter of Understanding is executed between the County and the Schools for such services. The Schools reimburse the County for the School Resource Officers' salaries and fringes. Other related expenses are absorbed by the Sheriff's Office. The deputies are employees of New Hanover County and not the Board of Education. New Hanover Schools are opening Holly Shelter Middle School August 25, 2010, and requesting an additional School Resource Officer for the new school (letter attached). The above terms would apply to the Schools' request for an additional School Resource Officer. The Schools' Nova Net Program has been eliminated, and the Schools are requesting that this be reflected in the Letter of Understanding. If approved by the Board, the action will result in one new County position, Sheriff's Office Deputy. Funding Source: New Hanover County Schools, FY10 -11 sum of $453,080 for 8 School Resource Officers in the middle schools. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the addition of one School Resource Officer (Sheriff's Office Deputy) for the new Holly Shelter Middle School and delete $9,000 included in the Letter of Understanding for the Nova Net Program. eTTe ru_ 41P1V rc• Schools Request for One Additional SRO Position B/A 11 -046 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 8 -0 At,i 11, 20 1, 0 New Hanover COL111t Sheriff s Dept. 230 Government Center Dr. Suite #125 Wilmin NC 28403 RE: Re for additlonal Deput Sheriff McMal.i.on: DR. RICK HOLLIDAY Assistant Supetintendent Student Suppod ServiceS and' Fedgm/ Pro A C: Mar Hazel Small mwnhcs.net a 6410 Carolina Beach Road , Wilmin 28412 a 910-,254-4206,1 Fax 910-254-4352 # rick, hollida net Board or Commissioners Meetin 09/07/2010 8 -1 -1 AGENDA: September 7, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -046 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -046 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Uniform Patrol /Administration Expenditure: Decrease Increase Sheriff s Office /Uniform Patrol: Salaries and Wages $40 Total $40 Revenue: Decrease Increase Sheriffs Office /Administration: School Funds to Sheriff $40 Total $40,244 Section 2: Explanation To increase Schools funding for School Resource Officers from $412,836 to $453,080 for one additional School Resource Officer position in the new Holly Shelter Middle School. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -046, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2010. (SEAL) ATTEST: Jason R. Thompson, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 8 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 9 DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director & Wanda Copley, Attorney CONTACT(S): Avril Pinder, Finance Director & Wanda Copley, Attorney SUBJECT: Consideration of Resolution Authorizing the Liquidity Facility Substitution and Subsequent Remarketing of the Variable Rate Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005A -1, Series 2005A -2, Series 2005B -1 and Series 2005B -2 and Authorizing the Execution and Delivery of Documents in Connection Therewith and Consideration of Resolution to Adopt First Amendment to the Series Resolution BRIEF SUMMARY: The Board adopted a Bond Order on October 6, 1993, as supplemented by a first supplemental bond order adopted by the Board on February 5, 1999, and a second supplemental bond order adopted by the Board on December 7, 2005, which authorizes the issuance of the County's hospital revenue bonds. The Board adopted a Series Resolution on December 7, pursuant to which the County issued its $11,435,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds Series 2005A -1, $11,435,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Series 2005A -2, $28,100,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds Series 2005B -1 and $28,100,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds Series 2005B -2. The Board must determine that it is advisable to replace the existing liquidity facility provided by Wachovia Bank with a Substitute Liquidity Facility provided by Bank of America. The Board must authorize the substitution and subsequent remarketing of the Bonds. The actions taken by the County Manager, the Finance Director and the County Attorney effectuating the liquidity facility substitution and the execution and delivery of the documents related thereto must be ratified and confirmed. The Chairman or Vice Chairman of the Board, the County Manager, the Finance Director, the Clerk to the Board, and the County Attorney must be authorized to take any such further action and to execute and deliver any documents necessary to effectuate this transaction. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Resolution and First Amendment to Series Resolution. ATTACHMENTS: Resolution Revised 1 st Amendment Series Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 09/07/2010 9 -0 Recommend approval. COMMISSIONERS' ACTIONS: Adopted the resolution and first amendment to series resolution 5 -0. Board of Commissioners Meeting 09/07/2010 9 -0 RESOLUTION AUTHORIZING THE LIQUIDITY FACILITY SUBSTITUTION AND SUBSEQUENT REMARKETING OF VARIABLE RATE HOSPITAL REVENUE REFUNDING BONDS (NEW HANOVER REGIONAL MEDICAL CENTER) SERIES 2005A -1, SERIES 2005A -2, SERIES 200513-1 AND SERIES 200513-2 AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the Board of the County has determined that it is advisable to replace the existing liquidity facility provided by Wells Fargo Bank, N.A. (formerly known as Wachovia Bank, National Association) with a Substitute Liquidity Facility provided by Bank of America, N.A.; WHEREAS, the Board of the County desires to authorize the liquidity facility substitution referred to above and subsequent remarketing of the Bonds as this will be in the County's best interest; WHEREAS, in connection with such liquidity facility substitution and remarketing of the Bonds, the Board desires to authorize the execution and delivery of the documents referred to above; NOW THEREFORE, BE IT RESOLVED by the Board of the County as follows: 1. All actions heretofore taken by the County Manager, the Finance Director and the County Attorney effectuating the liquidity facility substitution referred to above and the execution and delivery of the documents related thereto are hereby ratified, confirmed and approved in all respects. 2. The Standby Agreement, in the form submitted to this meeting, is hereby approved, in substantially such form and the Chairman or Vice Chairman of the Board, the County Manager, the Finance Director, the County Attorney and the Clerk to the Board are each hereby authorized and directed to execute and deliver the Standby Agreement on behalf of the County, with such changes, insertions or omissions as they may approve with the advice of counsel. 3. The Supplement in the form submitted to this meeting, is hereby approved, in substantially such form, with such changes, insertions and omissions as appropriate, and the use thereof in connection with the remarketing and offering of the Bonds is hereby authorized. The Chairman or Vice Chairman of the Board and the County Manager, the Finance Director and the County Attorney are hereby authorized and directed to effectuate the distribution, on behalf of the County, of the Supplement in substantially such form. 4. The Chairman or Vice Chairman of the Board, the County Manager, the Finance Director, the Clerk to the Board, and the County Attorney are hereby authorized to take any and all such further action and to execute and deliver such other documents, notices and certificates as may be necessary or advisable to carry out the intent of this Resolution and to effect the liquidity facility substitution referred Board of Commissioners Meeting 09/07/2010 9 -1 -1 to above, including without limitation, entering into tax compliance certificates, supplements and agreements. 5. That this Resolution shall become effective on the date of its adoption. (SEAL) NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 9 -1 -2 FIRST AMENDMENT TO THE SERIES RESOLUTION WHEREAS, the Board of Commissioners (the "Board ") of the County of New Hanover, North Carolina (the "County ") adopted a Bond Order on October 6, 1993, as supplemented by a first supplemental bond order adopted by the Board on February 5, 1999, and a second supplemental bond order adopted by the Board on December 7, 2005 (collectively, the "Bond Order "), which authorizes, among other things, the issuance of the County's hospital revenue bonds; and WHEREAS, the Board adopted a Series Resolution on December 7, 2005 (the "Series Resolution ") pursuant to which the County issued its $11,435,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005A -1, $11,435,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005A -2, $28,100,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005B -1 and $28,100,000 aggregate principal amount of County of New Hanover, North Carolina Variable Rate Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2005B -2; and WHEREAS, the County has deemed it advisable to replace the existing Liquidity Facility with a Substitute Liquidity Facility pursuant to Section 219(B) of the Series Resolution; WHEREAS, the County has determined that the replacement of the existing Liquidity Facility is in the best interests of the County; WHEREAS, in connection with the Substitute Liquidity Facility, the County and the New Hanover Regional Medical Center (the "Corporation ") desire to effect certain amendments to the Series Resolution pursuant to Section 901 thereof and Section 1002 of the Bond Order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina: ARTICLE I. DEFINITIONS All capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Bond Order and the Series Resolution. Error! Unknown document property name. Board of Commissioners Meeting 09/07/2010 9 -2 -1 ARTICLE II. AMENDMENT TO THE SERIES RESOLUTION Section 2.1. Amendment to Article IT The following Section 220 is added: Section 220. Changes to Bond Insurance Policy. The County, the Corporation and the Trustee covenant that none of such entities shall, individually or collectively, take any measure to permit the surrender, cancellation, termination, amendment or modification in any material respect of the Bond Insurance Policy without first obtaining the written consent of the Liquidity Facility Provider and receiving a prior written confirmation from each Rating Agency that said surrender, cancellation, termination, amendment or modification of the Bond Insurance Policy will not, in and of itself, result in a reduction or withdrawal in such Rating Agency's current rating on the Series 2005 Bonds. ARTICLE III. MISCELLANEOUS Section 3.1. Effectiveness of First Amendment to Series Resolution. This First Amendment to Series Resolution shall be effective on the date the Series 2005 Bonds are tendered and remarketed as a result of the replacement of the existing Liquidity Facility with a Substitute Liquidity Facility pursuant to Section 307 of the Series Resolution and when (i) consent of the Bond Insurer, as defined in the Series Resolution has been obtained as required by Section 1103 of such Series Resolution, and (ii) consent of the Local Government Commission has been obtained as required by Section 901 of the Series Resolution. Except as expressly amended by this First Amendment to Series Resolution, the Series Resolution shall remain in full force and effect. (SEAL) NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 2 Error! Unknown document property name. NYC 717905.2 Board of Commissioners Meeting 09/07/2010 9 -2 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Subdivision Planner CONTACT(S): Sam Burgess, Subdivision Planner SUBJECT: Public Hearing Subdivision Appeal (SA -28, 08/10) - Request by Mary Margaret McEachern for the Belle Meade Plantation Owners Association to Overturn the 5 -0 Decision by the County's Planning Board Affirming the Technical Review Committee's Decision to Deny Re- designation of Pine Hollow Drive (4200 block) and McGinnis Lane (500 -699 block) from Public to Private BRIEF SUMMARY: At its August 5, 2010 meeting, the Planning Board voted 5 -0 denying the applicant's appeal and upholding the TRC decision not to re- designate the roads in Belle Meade Plantation from public to private. Several residents spoke in favor of the applicant's request. One public agency and one developer spoke in support of the TRC's decision keeping the roads public. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the decision made by the TRC and the recommendation by the Planning Board. ATTACHMENTS: SA -28 Staff Summary SA -28 Adjacent Property Owner Map SA -28 Site Plan SA -28 TRC Letter SA -28 Planning Board Action Letter SA -28 NCDOT Construction Plan Approval Letter SA -28 GS 136 -102.6 SA -28 GS 136 -102.8 SA -28 Application and Narrative Packet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The TRC decision to deny the request was affirmed 4 -1, Commissioner Greer voting in opposition. Board of Commissioners Meeting 09/07/2010 10 -0 CASE: SA -28, 08/10 APPLICANT(S): Mary Margaret McEachern for Belle Meade Plantation Owners Association REQUEST: Appeal Decision of Technical Review Committee (TRC) Affirming Public Road Designation LOCATION: 4200 Block of Pine Hollow Drive Planning Board Action: At its August 5, 2010 meeting, the Planning Board voted 5 -0 denying the applicant's appeal and upholding the TRC decision not to re- designate the roads in Belle Meade Plantation from public to private. Several residents spoke in favor of the applicant's request. One public agency and developer spoke in support of the TRC's decision keeping the roads public. Project Summary In May, 2005, a final plat displaying the road network for Belle Meade Plantation: 1 was approved by the County and recorded in the New Hanover County Register of Deeds - Map Book 47, Page 387 (see attached map). Pine Hollow Drive, and McGinnis Lane were designated on the final plat as public. North Carolina Department of Transportation ( NCDOT) Construction Plan drawings for the road network in Section 1 were approved the same month. In June, 2010 TRC voted 5 -0 on a motion by the Executive Director of the WMPO affirming that the roads in Belle Meade Plantation remain designated as public based on the following: 1) Roads were intended to be public and were approved as public as displayed on the preliminary site plan and final plat of Belle Meade Plantation. NCDOT construction plan drawings were submitted, approved and certified in accordance with NCGS 136 - 102.6. 2) The removal of the public road designation to private may inhibit emergency service delivery and in violation of Section 41 -1 (7)(f) of the County's Subdivision Ordinance pertaining to street connectivity requirements, and 3) The public road is a valuable asset in the existing transportation system and a useful alternative for collecting traffic from all the surrounding development and delivering it to aerial roadways of Carolina Beach and South College Roads. Applicant's Appeal The applicant's appeal revolves around two elements: • "The TRC erred in concluding that the subdivision roads are public simply because the roads were approved as public on the preliminary site plan and final plat ... constructed to NCDOT specifications, and recorded as public roads." • "The TRC erred in concluding that removal of public roads to private may ... be in violation of Section 41- 1(7(f) of the County' Subdivision Ordinance" involving road interconnectivity. According to the applicant, there is no reference to or mention of any requirement in that section that the streets must be dedicated to the public in order to comply with connectivity requirements. A copy of the Subdivision Appeal application and support information from the applicant are attached. Board of Commissioners Meeting 09/07/2010 10 -1 -1 sa -is, os /Zo Staff Summary Page 2 Staff contends that through the County's TRC preliminary review and approval process, Pine Hollow Drive and McGinnis Lane were clearly presented and designated on the site plan as public roads. This is affirmed through the approved site plan dated August, 2003 and signed by the TRC Chairman. In accordance with NCGS 136 - 102.6, construction plan drawings for Pine Hollow Drive and McGinnis Lane were submitted and approved by the North Carolina Department of Transportation ( NCDOT) in July, 2004. Final plat review and approval by the County also contained road construction certification approval by the NCDOT District Engineer. This certificate was executed on the plat in May, 2005. It is acknowledged that the roads have not been formally submitted for acceptance for maintenance by a public authority ( NCDOT). The most prudent procedure to follow would be to complete a SR -1 Petition and appropriate support information to NCDOT to consider and accept the roads onto their maintenance system to enhance public safety through law enforcement and minimize the cost of special assessments when road life begins to fail. As noted, the roads were presented to the County and TRC during the review and approval process as public and recorded as public. Change of property ownership and title would not have a bearing in the decision process by TRC. Other project approvals in the vicinity have incorporated consideration of reliance on this public road being in place. Changing the roads to private in this situation would separate an established public right -of -way, undermine the intent and language of the Subdivision Regulations pertaining to road connectivity by potentially obstructing access in the future and not be in the public interest. Based on the Subdivision Regulations, the TRC ultimately has the right within their scope of responsibilities not to re- designate the roads. Opportunity still exists for the residents of Pine Hollow Drive and McGinnis Lane to complete a SR -1 Petition and eventually be accepted for State maintenance by NCDOT. Also, in accordance with NCGS 136 -102.8 the residents may petition NCDOT for the installation or utilization of traffic tables or traffic calming devices to reduce potential safety concerns. In the interest of good planning and transportation policy, the County has exercised its professional expertise and authority to deny modification. Staff concurs with the decision made by TRC and recommendation by the Planning Board. Board of Commissioners Meeting 09/07/2010 10-1-2 .... ..... . ... ... .... ... ... ... ... ... ... ... ... .. Cl I*- ........... 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F e alb Will Y u ac HL sy � 5 i 4 .0 F W +� 8 i lk { 1:44 1 Chris o'Kee e, AIC Planning & Inspections Director June 10., 2010 Ms. Mary Margaret McEacern, Attorney Dillo w, Mc acb rn, & Associates, PA 15 Princess Strout Wilmington,, NC 28401 Dennis Bordeaux Inspections Manager Re: Belle Meade (Roads Re- Designation from Public to Private) Dear Ms. McEachorn: Jane Daughtridge, AICP Planning & Zoning; Manager In regular session on Juno 9. 2 010.. the County's Technical Review Committee (TRC) considered your request to re-designate a portion of Pine Hollow Drive, McGinnis Lane, and associated alloys from public to private. Those roads are located in Belle Meade Plantation: Section 1 (Plat Boob 47., Page 357. In a vote of 5 -0, the TRC denied your request based on the following; 1} Said roads were :approved as public on the preliminary site {elan and final plat of Belle Meade , constructed to NCDOT specifications ,and recorded as public roads, ) The removal of public roads to private may inhibit emergency service delivery and be in violation of Section 41- (7)(f) of the County's Subdivision Ordinance pertaining to street connectivity requirements, and 3) The public road is a valuable asset in the existing transportation system and a useful alternative for collecting traffic from all of the surrounding development and delivering it to arterial roadways of Carolina Beach and South College Roads. In their decision, the TRC provided two suggestions to increase the safety of the roads in Belle Meade Plantation. First, the County Planning and inspections Director will contact the New anover County Sheriff Department requesting a stepped up patrol presence along the roads to assess the safety problems and help reduce the likelihood of drivers speeding through Bell Meade Plantation. Second, the residents are encouraged to contact i lCDOT to pursue more detailed information on the requirements for establishing traffic calming decries on public streets as allowed in NCGS 135 - 102.5. Board of Commissioners Meeting 09/07/2010 10-4-1 Il c ac .em Letter In accordance with Section 32-3(4) of the County's Subdivision Ordinance, an appeal from a decision by the TR can be made by the applicant or persons with a significant identifiable Interest. Such an appeal must be submitted to the County Planning & Inspectio ns Department within ten lousiness days after the decision has been rude. Application forms may be accessed through the Counter's Website at NHCGOV.com under the Planning & Inspections Department or by picking up an application through our office. Attending the TRC meeting were: Chairman Richard Collier (Planning Board), Sara Burgess Planning staff), Jim Iannu i my Engineering),, hike I o to ker WIVIPE ), and Matt Davis (County Fire Services). Others attending the meeting included: Sharon Huffman (County Legal), Ray Griswold (Counter Fire Services), Chris O'Keefe, Jane Da ghtridge, Shawn Ralston, and Linda Painter (Planning & Inspections staff }, William Pinni c FP A), Jennifer Alford (NHSWCD), Toner Roberts (Development Services), John Hayes (President, Belle Meade H A), Belle Meade residents, and you. Please share this information with your clients. I may be reached at 798 -7441 if you have questions. cc; Sharon Huffman, Legal Jim lannuc i, Engineering Matt Davis, Fire Services Mike I o losker, WMP Richard Collier, TRC Chairman Bill Pinni c, CFPUA Anthony Law, NCDOT File Sincerely, ux 1 QWW S.A. Burgess Subdivision Review Planner Board of Commissioners Meeting 09/07/2010 10 -4 -2 '€ # Fs ito Chris "Keefe, AICP Planning & Inspections Director August 6, 2010 Ms. Mary Margaret M cEachern, Attorney Dillow, lahr n & Associates, P 615 Princess Street Wilmington., NC 28401 Dennis Bordeaux Inspections Manager Jane Daughtridge, AI P ,planning & Zoning Manager Re: Belle Meade Plantation Appeal - SA-27 (Roads Re- designation from Public to Private Dear Nis. IIEahern: In regular session on August 5.. 2010, the New Hanover County Planning Board voted -o to deny your appeal request t ' re- designate Pine Hollow Drive and McGinnis Lane from public to private located in Belie Meade Plantation. The Planning Board upheld the decision by the County's Technical Review Committee (TRC). The Board recommended that the HOA pursue road dedication with I D T. The board suggested the H A seek assistance fror County staff and DOT to utilize DoT s tandards to address traffic calming issues that will not impede emergency and public safety providers. This would include a commitment to no gates or other obstructions, no on street parking, and speed tables to replace unauthorized and non- compliant speed bumps recently installed. In accordance with Section - of the County's Subdivision ordinance, this decision by the Planning Board may be further appealed to the Board of County Commissioners providing that completed Subdivision Appeal Application and $150 .00 application fee are submitted to the Planning and Inspections Department within 10 business days after the decision being appealed by the close of business August 19, 2010). Please share this information with your clients. Contact me if you have questions. I may be reached at 798 -7441. Planning Board members Sharon Huffman., County Legal Matt Davis, County Fire Services Anthony Law, NCDOT Mike Koz10 sky, WMPO Matt Digioia, Atlantis Holdings File Most sincerely, '5. CL . ?) W-1 S. A. Burgess Subdivision Review Planner Board of Commissioners Meeting 09/07/2010 10 -5 -1 4 �k STATE of NORTH CAROLINA 4 a ,, 0"f. ' DEPARTMENT OF TR.ANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYND4 TIPPETT Go NO July 2 1, 2044 SECRETARY S )Uff: 0, CO UATff: New Hanover Andrew & Kee Consulting Engineers, Inc. 902 buret Street Wilmington, 1 C 284014733 Ann. Larry Sn eden, PE Subject: Preliminary Plan Approval — Belle Meade Planation New Hanover County Dear Mr. Sneeden! This office has completed its review of the subject plans for compliance with current Department of Transportation minimum subdivision construction standards and advises that they are hereby approved as submitted. Once the plat is recorded, four copies must be submitted to this vice. This does not constitute approval for the driveway access point. A driveway permit is to be submitted and approved prior to any construction. I t is the responsibility of the owner/developer to provide verification certifying that the subdivision was constructed in accordance with the approved prelirninary plan. A certified report signed by professional engineer is required (see attached form). If testing ramits satisfy requirements, a letter of approval, "Basic Letter". will be issued; if not, requirements for compliance will be given. In accordance with General Statute 136-102.2, the North Carolina Department of Tmmportafion does not add roams to its system Mess certain requirements are met. An explanation of these requirements can be found o n pages 13,14 a nd 15 of the current Jan 2000) NC OT Subdi vision Loads Manual. particular attention should be plated on items 2 {petition for d itbon , ( requirement for encroachment agreements), 6 and 7 (occupied housing requirement), 11, 12 and 13. Please be aware that only North Carolina Department of Transportation approved neat rWs are to be used on public rights -o- way. Since this is the ultimate responsibility of the owner /developer, we are placing the responsibility on you to assure that they are provided copy of this letter and the above-referenced documents such that they may be fully informed* Wilmington District Engineer's Office 300 Division e� W o SIC 2840 Tcicph%ff�yf V tON) 251-2759 10 -6 -1 ag 2 Preliminary Plan Approvaj Add itippAj All work and materials shall be in accordance th the current edition of the following the Subdivision Roads Manual, the N Doi becifications for Roads and Stru re the NCDOT Roads %and rd Drawings, � the Manual of Uniform Traffic Control D (MUTCD). .--- 0 The use of double walled corrugated polyethylene pipe will be accepted only if installed with a nummum cover of 12 inches corer for paved drives and 18 inches cover for unpaved drives. The approval is Baited to the use of pipe which meets AASHTO M 294 TYPE "S" specifications. Under no circumstances will the single walled (Type "C" i e be allowed for driveways or storm drainage applications. • No ridged type structures or any obstructions ( but not li ite&A to brio .*nail o es or headwalls, etc.) shall be permitted on the Right of Way. refer to page 34 of the Subdivision Roads Mini Construction Standards f or further explanations. • Slope and Drainage requirements for drive pipe installations (see attached) • Wheelchair Ramps and/or wheelchair ramp curb cuts shah be constricted per NCDOT standards • All ,asphalt shall meet the requirements f the "Quality Management System for halt Pavements, Maintenance Version" (available upon request) • Completion of QMS forms QMS -MV1 and QMS-MV2) are required (see attached) • Documentation provided shall include pavement core locations, subgrade, base, and pavement density, and stone or asphalt base and pavement thickness, by type. Soil compaction test results shall include the following: in place soli compaction test of the embankment and subgrade utilizing the AASHTO-T-99 modified a. s modified by NC B" method of Mn place soil compaction testing. This preliminary plan approval does not constitute acceptance of this subdivision onto the state } road system. Upon receiving a petition for addition, an inspection will be scheduled. t that tie, a will evaluate the maintenance condition of the subdivision, including drains a and submit to you in Ming approval or any deficiencies that must be addressed. If I can be of any further assistance, you may reach nee a t 9 251-2655. Sincere ne a , D . R. Cu1bo, P.E. District Engi RC dre cc: Anthony Law, New Hanover County Maintenance Engineer New H anover County Planning Department Wilmin District weer "s mice 300 Division Dri n,. N 28401 ,Mr,,Pa 'eIe � - e t 1 - 2759 10 -6 -2 GS 13 6-102.6 Page 1 of 2 136- 102,6. Compliance of subdivision streets with minimum standards of the Board of Transportatio refired of developers. ( a) The owner of a tract or parcel of land which is subdivided from and after October; 1. 19 into to or more lots, building sites, or other divisions for sale or building development for residential purposes where such s ubdivision includes a new street or the changing of an existing street, shall record a map or p lat of the subdivi with the register of deeds of the county in which the land i s located. The map or p shall be recorded prior to any conveyance of a portion of said land, by reference to said neap or p at. (b) The right-of-w of miy new street or change in an existing street shall be delineated upon the ma or plat with particularity and such streets shall be designated to be either public or private. Any street designated. on the plat or map as public shall be conclusively presumed to be an offer of dedication to the public of such street. ( C) The right-of-way and design of streets designated as public shall be in cco rd . ce with the i inimurn right -of-way w construction standards established by the Board of T ransportation for acceptance on the State highway syst em. If a municipal or county subdiv ision control ordinance is i effect in the area proposed for subdivision, the reap or plat required by this section shall not be recorded by the register of deeds until after it has received final plat approval by the municipality or county, and until after it has received a certificate of approval by the Division of Highways as herein p rovided as to those streets . re elate g d in subsection (g). The certificate of approval may be issued by a district engineer of the Division of i hwa s of the Department of Transportation. g � ( d) The right-of-way and construction plans for such public streets residential subdivisions fi plans for street drainage, shall be submitted to the Division of Highways for review and approval prior to the recording of the subdivision plat in the office of the register of deeds. The plat or nna p required b this section shall not be recorded by the register of deeds without a certification pursuant to G. S. 47 - 30.2 and if deternnined to be necessary the Review Officer, certificate of a • � o al � the Divis o. H ighways f the plans for the public street as being i n accordance with the n� mum standards of the Board of Transportation for acceptance of the subdivision street on the State highway system for maintenance. The Review officer shall not certify a reap or plat subject to this section unless the new streets or changes in existm' g streets are designated either public or private. The certificate of approval shall not be deemed an acceptance of the dedication of the streets on the subdivision plat or neap. Final acceptance b the Division of Hig of the � public streets and placing them on the State highway system for maintenance shall 'be conclusive p roof that the streets have been constructed according to the minimum standards of the Board of Transportation. c No person or firm shall place or erect any utility 'n, over, or upon the existing or proposed p g p right-of-way of any street in a subdivision to which this section applies, except in accordance with the Division lsion of Highway's policies and procedures for accommodating utilities on highway rig hts-of-way , until the Division of Highways has given written approval of the location of such utilities. Written approval may be in the form o pp exchange of correspondence until such times as it is requested to acid the street or streets to the States stern at which time an encroachment agreement furnished by the Division of Highways must be executed between the owner of the utility and the D of Highways. The right of any utility placed or located on a p ro osed or existing subdivision public street right-of-way shall be subordinate to the strut right-of-way and the utili shall be subject to regulation by the Department of Transportation. Utilities are defined as electric power telephone, television, telegraph, water, sewage, gas, oil, petroleum products, steam chemicals drainage irrigation, and similar lines. Any utility installed . in a subdivision street not in accordance with the Division of Highways accommodation policy, and without prior approval by the Division of y g .i b s shall be removed or relocated at no expense to the Division of Highways. ( f) Prior to entering any agreement or any conveyance wi th any prospective b the d ev elop er and seller shall prepare and sign, and the buyer of the subject real estate shall receive and sign an acknowledgment of rece i p t # g pt f a separate 'instrument known s the subdivision. streets disclosure statement hereinafter referred to a s disclosure statement). Said disclosure statement shall Riliy and completely disclose the status (whether p ublic or private) of the street upon which the house or lot fronts. If the street is designated b the deve and serer y as a public street, the developer and seller Aml F gk -wa. and design of the street has been 0907 g http:llwww.ncleg.netl nacted egislatioiVStatutesIH' R 711610 �S' - 136 {1 02.6 P ag e 2 oft approved by the Division of Highways, and that the street has been or will be con trUcted by the developer and seller in accordance with the standards for subdivision streets adopted. by the Board of Transp ortation tation `or acceptance on the highway system. . if the street is designated. by the developer and seller as a private street the develo and seller shall include in the disclosure statement an exp1m ation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or p arties upon whom responsibility for construction and maintenance of such street or streets shall rest and shall further disclose that the street or streets will not be constructed to minikrrum standards suffi to allow their inclusion on the State highway system. for maintenance. The disclosure statement shall contain a duplicate orig inal which shall be given to the buyer. Written acknowledgment of receipt of the disclosure statement by the buyer shall be conclusive proof of the delivery th ( g) The provisions of this section shall apply to all subdivisions located outside municip corporate limits. As to ubdivi ions inside municipalities, this section shall apply to all p roposed streets or changes in existing streets on the Mate highway system as shown on the comprehensive plan for the future development o the street system made pursuant. to G.S. 136- and in effect at the date of approval of the map or plat. (h) The provisions of this section shall not apply to any subdivision that consists only lots located on V411e Hickory, Norman, Mountain Island and Wylie which are lakes formed by the Catawba River which lots are leased upon October 1, 1975. No roads in any such subdivision shall be added to the Mate maintained road system without fi rst .having be en b rou ght up to standards established by the Board of Transportation for inclusiorr of roads in the system, Without expense to the Mate. Prior to entering any a or an conveyance with any prospective buyer of a lot in any such subdivision, the seller shall prepare and sin and the r buyer shall receive and sign are acknowledgment e,nt o receipt of a statement fully and comp letely disclosin the status of and the responsibility for construction and maintenance of the road upon which such lot is located. ( 1) The purpose of this section is to insure that new subdivision streets described herein to 'be dedicated to the public wi comply with the Mate standards for placing subdivision, streets on the Mate highway system for maintenance, or that full and accurate disclosure of the responsibility for construction and maintenance o a private streets be made. This section shall be construed and applied in a manner which shall not inhibit the ability of public utilities to satisfy service requirements of subdivisions to which this section applies. 0 The Division of Highways and district engineers of the Division of Highways of the Department of Transportation shall issue a certificate of approval for any subdivision affected by a transportation corridor official map established by the B oard of Transportation only if the subdivision conforms to Article 2E of this Chapter or conforms to any variance issued in accordance with that Article. (k) A willful violation of any of the provisions of this section shall be a Cl ass I misdemeanor. (1 c. 488, s. 1; 1 977, c. 464, ss. 7.1, - 1987, c. 747, s. 21; 1 993, c. 539, s. 996; 1994, Ex Sess. c. 2 s. 14(c); 1997-309, s. 4; 1 . . This document (also available in PDF and R " o ma �s i not a � i � m . 'lease reach the c aveats on the main NC Statutes pgef more m i . p or Board of Commissioners Meeting 09/07/2010 http:/ wwwrneleg. net. /acted .egislatioii/Stat tes � EiySection/Cba tern 1 GS i - 102.6.,,. 7/16/ GS 102.8 Page I of l 136 - 102.8. Subdivision streets; t raffi c calming devices. The Department shall establish policies and procedures for the installation or utili of traffic tables or traffic calming devices erected on State - maintained subdivision st reets adopted by the D epartment, pursuant to G.S. 136-102.6, if all of the following requirements are met: (1) A traffic engineering study has been approved by the Department detailing types and locations of traffic calming devices. ( 2) Installation and utilization of traffic tables or traffic calming devices is within one o the following areas a. A subdivision with a homeowners association. b. A neighborhood in which the property owners have established a contractual agreement outlining responsibility for traffic calming devices installed in the neighborhood. ( 3) The traffic tables or traffic calming devices are paid for and maintained by the subdivision homeowners association, or its successor, or pursuant to a neighborhood agreement. (4) The homeowners association has the Witten support, for the installation of each traffic table or traffic calmm' g device approved by the Department artment pursuant to this section, of at least seventy percent 0% of the member property owners, or the neighborhood agreement is signed by at least seventy percent 0% of the neighborhood property owners. (5 The homeowners association, or neighborhood pursuant to its agreement, posts a performance bond with the Department sufficient to fund maintenance or removal of the traffic tables or calming devices, if the homeowners association, or neighborhood pursuant to its agreement, fails to maintain then, or is dissolved. The bond shall remain in place for a period of three years from the date of installation. (2009 - 10, s. 1. This document (also available in PDF and RTF, formats) is not a , f icial do c u ment. Please reach the caveats on the main NC StatUt& , Dqge for more inform ation. Board of Commissioners Meeting htt : w v.ncga.state..ne.us nactedLegislatioO q � M BySection Cha tern 136/G... 6/8/2010 l o- -1 NEW HANOVER COUNTY PLANNING &INSPECTIONS DEPARTMENT SUBDIVISION APPEAL APPEAL from: TRC Planning Board 230 Government Center Drive Suite 110 Wilmington,, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Planning Board's Denial of Appeal from T C See Memorandum FILING A NOTICE OF APPEA Appeals must be reviewed by Planning & Zoning and Counter Attorney for completeness and "eligibility to appeal's prior to being heard. Appeals will be limited to individuals with a significant interest in the plan (legal standing). A $150.00 fee payable to New Hanover Counter must accompany the appeal from the TI C. An additional $150.00 is required for any appeal from the T. C to the 'Board of Commissioners. • The appeal must state the alleged error(s) the Technical Review Committee or the Planning Board made in rendering the decision being appealed and specify why the decision was in error. The scope of the appeal shall be limited to those errors identified on this form. • Subdivision appeals are first acted upon by the New Hanover County Planning Board. Appeals from the .Planning Board may be made to the Counter Commissioners. Appeals. must be submitted t Planning Zoning within ten (10) working days after the decision being appealed. • Upon receipt of a complete and eligible appeal, Planning & Zoning will prepare a staff report summarizing the case. No later than fire 5 business days prior to the appeals hearing, responding parties with standing may present written submittals to Manning & Zoning stab for inclusion in the appeal. .. Planning & Zoning staff will prepare a notice ofthe appeal hearing to be published in a local newspaper as part of the scheduled agenda, The Appellant Board may affirm, modify or supplement the decision of the Technical Review Committee or Planning Board. Planning & Zoning can advise you regarding these appeal procedures. STATEMENT of ALLEGED ERRo / BASIS FOR APPEAL attach additional sheets if necessa r EE ATTACHED MEMORANDUM AND EXHIBITS THE T . Page I of I SA-05/1 o Board of Commissioners Meeting 09/07/2010 10-9-1 Dillow, McEache &Howland, P.'A. MEMORANDUM TO: New Hanover County Board of Commissioners FR OM : Mary Margaret Me ao .ern, Esq. 1E: Belle Meade Plantation owners Association, Inc. Appeal from P lanning Board Decision (August 5, 20 o DATE: August 18, 20 11111 TOM { INTRODUCTION O CTION AND SUBDIVISION HISTORY: This appeal is from a decision made August 5, 201 by the New Hanover~ Count Plying Board. which up held a p rior decision by the New Hover Count • � Technical Review Committee mittee "T C " denying a request by Belle Meade de Plantation. Owners Association, Inc, the " OA") for permis ion to h ave the streets an a lley s in Belle Meade plantation subdivision . � udrvrsron re designated from public to private. See Plaming hoard Letter from Sang Burgess date Augu 20 10 and T C Letter from Sam Burgess, slated June 1 , 201 o and. attached hereto collectivel as "Exhibit A ". The Planning Board denied. the IOA's appeal 5- even though it openl acknowledged at the appeal bearing that the T RC had incorrectly characterized the subdivision streets and alleys as `lie" rather than "private'', On December 15, 2003, Atlantis Holdings, LLC ( "Atlantis"'), the original owner of the parcel that was to eventually become Belie Meade Plantation subdivision, deeded the entire p arcel to John. Galarde and wife, Keisha Galarde. The Galar ies thereafter deeded the property to 11 Galarde Development, LLC "Galarde Development"'). Atlantis and Galarde Development, who were the original declarants for the subdivision, recorded the Declaration of Covenants Conditions and Restrictions for the subdivision on May 4, 200 The sane d ay, Atlantis an Galarde D evelopment recorded the original subdivision plat in Map Book 47 at Page 387 of the New v Hanover County Registry. . On. ,duly 27, 200 5, a second plat was recorded by Galarde Development in Map Boob 4 at Page 146 of said Registry. on September 21, Zoo, a third plat was recorded. by Galarde D evelopment in Map Book 48 at Page 243 of said Registry. o n November 2 , 200 5 , a final plat was recorded b Galarde Development in Map Book 48 at Wage 357 of said Registry. on November 23, 2005, Galarde Development deeded several lots in the subdivision t o Klrlc P igford Construction, Inc., but retained its fee s interest in the common areas along with its rights as a co-declarant with Atlantis. on May 3, 2010, Galarde Development deeded all the common areas, including the streets and alleys, to the HOA.. That same day, both Galarde Development and Atlantis transferred their declarant Frights to the HOA. Copies of applicable recorded documents are attached hereto, collectively, as "Exhibit B ". .� ISSUES AND LEGAL ARGUMENT: The TRC based its original decision on three conclusions, the first two of which the HOA c ontends are erroneous as demonstrated by the analysis contained herein. A . The TRC erred in concluding that the subdivision roads are public simply because the "roads were a as public on the preliminary site plan and final play constructed to NCDOT specif ications, and recorded as public roads ". Wage 2 of Board of Commissioners Meeting 09/07/2010 10 -9 -3 All of the aforesaid plats describe the subdivision streets as "Public /W ". However, under long-standing appli l North Carolina common law, "dedication is x i nal an peculiar node of passing title... and the courts will not lightly declare a dedication to public use ". Sae Highway Commission v. Thornton, , ' 1 N.C. 2271? 1 S. .2d 248 (1 967). Moreover, dedication requires an offer 'by the owner and an acceptance on the part of the public in some recognized legal manner by a proper public authority". Kraft v. Town of M. Olive, 1 N.C. App. 415 645 S. .2d 132 (2007). Acceptance may be either express or implied. I Because North Carolina does not have statutory guidelines for dedication of streets to the public, the common law principles of offer and acceptance apply. Tower .rev. P artners v. Zell, 1 N.C. App. 136 46 1 S. .2d 1 (1 995); Metcalf v. Black .dog Realty, LLC, 684 S. .2d 709 (N.C. Ct. App. 2009). Any street designated on a plat or neap as public is conclusively presumed to be an offer of dedication of that street to the public. N.C. GE N. ST AT. §136-102. (2009). O ur cou h ave held, however, t where lots are sold by reference erence t a plat or map which designates streets as public, o thereby acquire the right to have the streets kept open but i ns o far as the general public is concer such dedication is but a revocable o ffer and is not complete until the , ,fey i accepted in some propgr way b the responsible public authority. Town of Oriental . Henry, �. r 678 S. ,2d 7 (N.C. Ct. App. 2009). The original recorded plats constitute an offer o dedication by Atlantis and Galar e Development to NC T; however, the offer er has not been accepted. by NC OT. Notwithstanding that the original plat recordings qualify as an offer of dedication, NC OT r fist have accepted th e streets for the dedication to be complete and said acceptance Page 3 o Board of Commissioners Meeting 09/07/2010 10 -9 -4 must be made prior to the revocation of the original offer. There exists no record or other evidence that either NCDOT or any other authority has accepted the dedication of the roads through "a formal gratification, resolution or order by proper officials, the adoption of an ordinance... vote of approval, or the signing of a written instrument by the proper authorities ". See Kraft, supra. The only hint of any NCDOT acknowledgment ledgment on record is one signature that is present on the original May 2005 plat certifying preeonstr ction approval of the goads as being acceptable to NCT standards. As the purpose of this signature was to certify that the proposed roads would meet ICT standards for eventual possible dedication, this signature cannot qualify as formal acceptance of the as-built roads by NC DOT for purposes of dedication. Notwithstanding istanding the absence of formal acceptance, the law recognizes that acceptance may be made by implication and it is well- settled that such acceptance will be "conclusively presumed if the authority improves the streets "' through such actions as paving and repairing streets. See Town of Oriental, su and Kraft, supra. In the instant ease, no such improvements have been made or attempted, and no other indication of intent to accept the roads in Belle Meade Plantation subdivision has been made by NC T. An offer of dedication which has not been accepted., as any other offer, may be revoked by the owner of record. Normile v. Miller, 313 N.C. 98, 326 S. .2d 11, (1985). If the offer is revoked by the offeror before acceptance, then the offeree has no power to accept lt. "Generally, notice of the offeror's revocation musks be communicated to the offeree to effectively terminate the offeree' s power to accept the offer [emphasis added]"'. Id. North Carolina recognizes the Dickinson v. Dodds exception to this rule, however; this exception states that even if notice of revocation of the offer is not communicated directly by the offeror to the offeree, `a[l]t Wage 4 of '7 Board of Commissioners Meeting 09/07/2010 10 -9 -5 is enough that the offeree receives reliable information, even indirectly, that the offeror had taken definite action inconsistent with an intention to make the contract ". Id. (noting that this rule is from Dickinson v . .dds, 2 Ch. Div. 463 1876), "a notorious English case"). N In order to be considered "reliable ", information received by the offeree must he both objectively and subjectively reliable. Coleman v. Applegarth, 68 M 1. 21, 11 A. 2 (1887). "Objectively reliable" means that the information must in fact be true, John D. Calamarl and Joseph M. Perillo, Contracts, Third Edition (West Publishing Co. 1987). "Subjectively reliable "' .means that the information must come from a reliable source ".. d. In this case, when the original owner of the property, Atlantis, deeded the entire parcel to Galarde Development in 2003, it no longer had the authority to eater into a contract with NCDOT. Moreover, by virtue of its deed, it evidenced its une quivocal intent not to enter into a contract with NCDOT. The act of publicly recording the deed operated as indirect communication to NCDOT of Atlantis' intent to revoke its offer. The information contained in said communication was objectively reliable clue to its truth, and was subjectively reliable due to the presumptive nature of a public recording. Therefore, Atlantis' transfer of the property to Galarde Development operated. as are effective revocation of its original offer of dedication. _ Upon Atlantis'- aforesaid transfer, the authority to dedicate by plat was passed to Galarde Development. Galarde Development in fact made four separate offers of dedication. by plat .ring 200 5. As demonstrated above, however, the streets were not accepted by NCDOT or any other entity during the tenure of Galarde Development's ownership. When Galarde Development transferred the title to the streets to the Hod., it thereby revoked the pending o'er - in the same manner as did Atlantis. Page 5 of Board of Commissioners Meeting 09/07/2010 10 -9 -6 The authority to dedicate by plat now lies with the A; however, since the HA has no plans to dedicate the streets to NCT, there will be no further offer of dedication. All prior offers have been revoked, and the record should be corrected to reflect the streets as private, rather than public, rights-of-way. Additionally, the original recorded Declaration is ambiguous as to the nature of the streets in that it purports to define them. as "Public Right of Way" (see Declaration, p. 4, "Section 10"'), but thereafter describes therm as "Private to Right of Way" and details the .'s rights and obligations respecting them (see Declaration, pp. 15-16, "Section 4"). A. general principal of statutory construction states if "two statutory provisions conflict, one of which is specific or particular and the other general, the more specific statute controls in resolving any apparent conflict". Furr v. Noland, 103 N.C. App. 279, 404 S. .2d 991. Utilizing the aforesaid general principal of statutory construction, this Board should construe the intent of the original Declaration was to have the streets remain private. B. The TRC erred in concluding that Ccremoval of public roads to private n a ... e in, violation qf Section - ( fi of the County"s Subdivision Ordinance The above -- referenced section of the Subdivision Ordinance concerns street connectivity requirements for proposed streets and addresses only design specifications. There is no reference to or mention of any requirement in that section that the streets must be dedicated to the public in order to comply with connectivity requirements. Therefore, the simple act of correcting the record to reflect that the streets are private e nnot constitute a. violation of that section. In fact, Section 52-4(3) of said Subdivision Ordinance provides for the specific allowance of streets designated as private, providing that the streets provide adequate ingress and egress Page 6 of Board of Commissioners Meeting 09/07/2010 10 -9 -7 onto collector streets, provided that they will be properly maintained by the H A, and provided that they comply with NCDOT standards. As all of these factors are met in this ease, the Board of Commissioners ioners should grant the requested relief and allow the H A to have the streets re- designated as private pursuant to its original request. CONCLUSION: For the reasons stated herein, the Board of Commissioners should — especially in light of the Planning Board "s open acknowledgment that the streets of Belle Meade Plantation subdivision are private — reverse the Planning Board's decision upholding the C'RC's original denial of the H .'s request for re- designation of said streets from public to private, and should allow the IA A to proceed with the recording of a new plat to ensure consistency with its restrictive covenants and in . eping with its character as a private neighborhood. Resp ect ul ly submitted this 18 t " da of August, 2 0 10. DT W, McEACHERN & HOWLAND, P. A. . t..wn....._.. ary argaare c ac ern, sq. . N.C. State Bar #23315 Attorney for Appellant _ 615 Princess Street Wilmington, NC 28401 Telephone: (910) 815 -6727 Facsimile: (9 10) 815-6737 E-mail: mmmccachem@bellsouth.net bmhoa -cone sssion r .m m Page Board of Commissioners Meeting 09/07/2010 10 -9 -8 EXIT'S All s i � Chris 'ref, AtC P lanning & Inspections Director August 6., 2010 Nis. Mary Margaret M Fachern, Attorney D illow, McFa hern & Associates, PA 615 Princess Street Wilmington., NC 28401 Dennis Bordeaux Inspections anager Jane D AIC Planning & Zoning Manager Pe: Belle Meade Plantation Appeal - A- (Roads Pe- designation from Public to Private) Dear Ms. NlcFachern: In regular session on August B, 2010, the New Hanover County Planning Board voted -0 to deny your appeal request to re-designate Pine Hollow Drive and McGinnis Larne from public to rivat located in Belle Meade Plantation. The Planning Board upheld the decision by the County's Technical Review Committee (TRC). The Board recommended that the CI A pursue road dedication with ICD T. The board suggested the HOA seek assistance from County staff and I CD T t utilize DOT standards to address traffic calmin issues that will not impede emergency and public safety providers. This would include a commitment ent to no gates or other obstructions, no on street paring, and speed tables to replace unauthorized and n compliant speed burps recently installed. In accordance with Section 4 32 -34) of the County's Subdivision Ordinance, this decision by the Planning Board may be further appealed to the Board of County Commissioners providing that= a completed Subdivision Appeal Application and $150'.00 application fee are submitted to the Planning and Inspections Department within 10 business days after the decision being appealed (by the close of business August 1 2010). Please share this information with your clients. Contact me if you have questions. I may be reached at 798 - 744.. cc: Planning Board member Sharon Huffman, County Legal Matt Davis, County Fire Services Anthony Law, NCD Mi I ozlosi y, WMP Hiatt Digi ia, Atlantis Holdings File , Y PLA'I'N�.v��v� � iivar.GC. i IvivZ5 iurr,rA.tcl'MENT 230 GOVERNMENT CENTER DRIVE WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (9-10) 798-7165 FAX (910) 798 -7053 Most sincerely, 5 . cj�. - f�b S. A. Burgess Subdivision Review Planner Board of Commissioners Meeting 09/07/2010 10 -9 -9 Chris O'Keefe, AI Planning & Inspections Director June 10,, 2010 Ills. Mary Margaret M Ea h rn, Attorne Dillow, McEa hern, & Associates, P 615 Princess Street Wilmington., NC 28401 Dennis Bord eaux Inspections Manager Pe: Belle Meade (Roads Re-Designation fr Public to Private) Dear Ms. M a here: Jane Daughtridgie, AI Planning & Zoning Manager In regular session on June 9, 2010, the County's Tec hnical Review Committee (TRC) considered your request t re -designate a portion of Pine Hollow Drive, McGinnis Lane, and associated alleys from public to private. These roads are located in Belle Meade Plantation: Section I (Plat Book 47, Page 387). In a vote of -0, the TIC denied your request based on the following: Said roads were a y .. �� public on the prel site plan and final plat of Belle Dade ... constructed to CDT specifications and recorded as public Fads, � The removal of public roads to private may inhibit emergency en service delivery and g r d b in violati of Section 1- 1(7)(f) of the County's Subdivision Ordinance pertaining to street connectivity requirements, and t.:. } pu blic road is a valuable ksset in the existing trams rtati "' stun and a useful p n- : alternati for collecting traffic from all f� the surrounding devel pr e t delivering it to arterial roadway of Carolina Beach and South College Roads. In their decision, the TIC provided two suggestions to increase the safety of the roads in Belle Bade Plantation. First, the Counter Planning and Inspections Director will contact the New Hanover County Sheriff's Department requesting a stepped up patrol presence along the roads to assess the safety problems and help p reduce the likelihood of drivers speeding through Bell Meade Plantation. Se the residents are encouraged t contact i DOT to pursue more detailed information n the requirements for establishing traffic c alming devices n public struts as allowed in NCGS 136- 102.8. �T�V AN4VE COUNTY PLANNING &INSPECTIONS DEPARTMENT 230 GovEttivMEN'[' CENTER D1ttvE WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (9X 0) 798 -7165 FAX (9I0) 79& -7053 Board of Commissioners Meeting 09/07/2010 10-9-10 McEachem Letter 0 In accordance with Section 32 -3( of the County's Subdivision Ordinance, an appeal from a decision b the TRC can be made by the applicant or persons with a significant identifiable interest. Such an appeal must be submitted to the County Planning & Inspections Department within tern business days after the decision has been made. Application forms may be accessed through the County's website at NHC OV. om under the Planning & Inspections ... Department or by piling op an application through our office. Attending the TRC meeting were: Chairman Richard Collie (Planning Board), Saar Burgess (Planning staff), .Jim lannu ci (County Engineering), Mike Ko los y WMPO), and Matt Davis (Counter Fire Services). Others attending g the meeting included: Sharon Huffman an (County Legal), Ray Griswold (County Fire Services),, Chris O'Keefe, Jane Daughtridge, Shawn Ralston, and Linda Painter (Planning & inspections staff), William Pinrnix CFR A), Jennifer Alford NHSWCD , Tony Roberts (Development Services), John Hayes (President, Belle Meade FIOA ), belle Meade residents, and you. Please share this information with your clients. I may be reached at 798 -7441 if you have questions. ec: Sharon Huffman., Legal Sincerely, Jinn iannuci, Engineering Matt Davis, Fire Services 5 , OUA Mike lol 11MPO Richard Collier, TRC Chairman S.A. Burgess Bill Pinnix, CFPUA Subdivision Review Planner Anthony Law, N DOT File Board of Commissioners Meeting 09/07/2010 10-9-11 0 EXHIBIT 0� i FOR REGISTRATION REGIS - fER OF DEED RE E CA 7 CHRISTIAN NEW NOR C OUN B - 386 -392 FEE NC REV STAP $8 N "M 1 MIN FkM ED T PREPARED BY • ALAN LANA, 213 N. 2 ND sT f WILMINGTON, NC 28401 �, �4 &'r j - TAT P N C PARCEL, � . - 0 ° NEW ANOIEI C l� �� - � EXCISE E TAX: $895.00 WRAM DEED IT �!! -, ...f� ;Go..n..�i`��d " «cF.. � � 9:. ° z ° ° o. wre-�.: r<, :r.,��... ;,: c< �i - . sx�+c' �.�.:�.�"��. {�• �•y?.Fwt �".4•iF -<x °,�' "'�- -^'- *•r.�sc;¢y�c'�'.s•. .em: %�.�i��.� �'��k:7 til.��.+L °.�<��'�?o` '# "z x }-y QTY. i'�L1i.:i;)4.."XL1J.:r - J- :+vfc #1 '`'` %' z - ^r :'¢>'w< ",�? .°c. e - °`?'c?•Y�« M. � �r 5 '�:i'�- ^o:�;4;�;»= a�bai�:;'a °.�. �� . s - r • °tk � �:xr �,� � ��.6' .,r.,i.. : WA' N ' E', . The GRANTOR, f or and in ecnside ation of the sum of T en Dollars ($10.00) and other valua considerations to them in hand paid by the G RANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE, its, successors and assigns forever, a one /half undivided interests in that certain real property located in New Hanover County, North Carolina, described at the attached xhi-bit "A" incorporated herein by this reference. SUBJECT TO 2003 ad valorem real property taxes; Applicable restrxctions and easements of record; All local, county, s tate and federal laws and regulations relative to zoning, OccuPancyp subdivision, usage, construction and development o f the described property. To HAVE AND TO HOLD the a bove granted an d described property together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, 3 -t successor's and ass in fee simple forever. And the GRANTOR, for themse , they. r hei executors and administrators, do covenant to and witb the a3-d GRANTEE r is successors and assigns, that they are seized in fee of the above Board of Commissioners Meeting 09/07/2010 10-9-12 granted and described property; that they have good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that they will and their hers, executors, administrators and successors shall warrant and defend the title to the sane against the lawful claims and demands of any and persons whomsoever. IN TESTIMONY WHEREOF, the said GPJ),NTOR has , hereunto set .heir hands and seals as of the day and year first above written. ATLANTIS H o DI , LL B '" (SEAL) thew DiGioia, Member /Manager STATE OF NO CAROLINA CO UNTY OF NEW HANOVER I, Alan M S olana, a Notary Public in and for the State and County af oresaid, Cho certify that Matthew DiGioia, Member/Manager of ATLMTI HObDIN S, LLC, a North Carolina limited liability co mpany, personally appeared before me this day and acknowledged the executLon of the foregoing instiument o behalf of said limited liability company W itness my hand and official seal this 12th day of December, 2003 M y Commission Expires. May 30 3f, 2004 Totary Public x• i * 7 *4' look ' a FAM _ _ r BMW 4406 W 0.0 Ali B ori 1.0 411 jr 11 Board of Commissioners Meeting 09/07/2010 10-9-13 E XHIBIT "A" Beginning at an existing iron pipe located at the Southwest corner of ambridge Heights Johnson F arms Subdivision Phase 5 as the same is shown on Map Book 42, Page 306 in the New Hanover Counter R egistry- thence North 79 degrees 09 minutes 20 seconds West a distance of 237.40 feet to an existing iron pipe. thence South 74 degrees 21 minutes seconds West a distance otf 26.01 feet to an existing iron pipe located at the Northeast corner of Douglas glas le in er and wife, Sabrina D. Clevenger Tract as recorded in Bock 2411, Page 0830 of the New Hanover County egi-st ; thence along and wi-th the North pr'oper'ty line of said ClOvinger Tract North 64 degrees 41 ininutes 48 seconds west a distance of 665.33 feet to an existing iron pipe located at the Southwest corner of Stephen L. McGinnis and wife, Elizabeth T. Minnins Tract as recorded in Book 1690, Pages 0473 thru 0475 of the New Hanover County Registry, thence North 00 degrees 19 minutes 03 seconds East a distance of 181.72 feet to an existin lion pipe; hence North degrees 15 minutes 26 seconds west a distance of 42.27 feet to an existing frond pipe; thence North 66 degrees 02 minutes 05 seconds East a distance of 10.03 feet to an existing iron pipe located at the Eastern most corner of .c and D. Longnecker and wife, Gail S. Longnecker Tract as recorded in Book 1507, Pages 0716 and 0717 of the New Hanover County Registry; thence along and with the East property 12ne of said ongnec er 'bract North. 09 degrees 29 minutes 11 seconds west a distance of 21.16 feet to a point; thence North 32 degrees 36 minutes 51 seconds west a distance of 66.14 feet to a point thence North 14 degrees 37 m inutes 45 seconds west a distance of 38 feet to an existing iron pipe; thence North 35 degrees 31 an exiLsti-ng iron pipe; thence North 19 degrees 41 ini-n tes 02 seconds west a d_L tan e of 103' 99 to an :xi tin.g iron pipe* thence North 1 degrees 11 minute 49 seconds west, a distance of 63''.05: feet to a point thenCe North 00 degrees 56 minutes 32 seconds West a di-stance of 92 ,9 7 feet to a point; sai point being the Northern most corner of said ongnec3 er Tract; thence along and with the center Brie of an existing ditch the following: North 66 degrees 3 minutes 45 seconds East a distance of 202 70 feet to p int thence North 53 degrees 30 m inutes 35 seconds East a distance of 53.47 feet to at; teoe youth 62 degrees 59 rninutes seconds East a distance of 131.32 feet to a point; thence south 63 degrees 42 minutes 08 seconds East a distance of 41 30 feet to a p ILrlt r thence South 63 degrees 33 minutes 08 seconds East a distance of 377.81 feet to a point t erice South 6 degrees 24 minutes 21 seconds East a distance of 107.51 feet to a point, thence South 89 degrees 54 minutes 58 seconds East a distance of 100 39 feet to a point; thence South 86 degrees 35 minutes 19 Board of Commissioners Meeting 09/07/2010 10-9-14 seconds East a dis tance of 102. 54 f eet t a p oint , located a the Northeast corner of Cambridge Heights Johnson Farms Subdivi Phase 2 as the same is shown on Map Boo} 39," Page 3 38 iLn the New Hanover C ounter Reg thence South 25 degrees 36 minute seconds west a distance of 697. 20 feet to the POINT OF BEGINNING; c Less and excepting the following two described tracts Tract.-Q Commence at are e istlr ng iron pipe located at the S outhwest corn of Cambridge Heights Johnson Farms Subdivision Phase 5 as the same is shown on Map Book 42, Page 306 in the New Hanover County Registry; thence North 79 degrees 09 minutes 20 seconds west a distance of 237.40 feet to an existing iron pipe; thence South 7 degrees 21 minut 55 s cores west a distance of 26.0 feet to an existing iron pipe located at the Northeast corner of Douglas H. Clevina er and wif Sabrina D. Clevinger Tract as recorded in B ook 2411, P 0830 olf the New H anover R thence alon and with the North property line of said Clevin er `bract North d6grees 4 min 48 seconds west a distance of 490 44 feet to point; thence North 25 degrees 18 minutes 12 seconds Bast a distance of 112. 1 feet to the POINT of BEGINNING, theme Forth 76 degrees 57 minutes 5 8 seconds West a distance of 61. feet to a point thence North 36 degrees 34 min 29 seconds West a distance of 50 -08 feet to a point; thence North 13 degrees 02 minutes off.. seconds East a distance of 68.89 fee to a point; thence North 53 degrees 25 minutes 31 seconds East a distance of 71.16 feet to a point; thence South 3 degrees 02 minutes 4 seconds East a distance of 141.5 1 feet to a, point thence south 53 decrees 25 minutes 31 seconds West a dist .ce of 7 . .feet to the POINT of GINNING containing 0. acres, more or less. :,?' •�' ';r4s I.L.,,�fr.Yr �' - Togeth with a temporary acc easement over the fo described property until such ti as the roads are opened within Belle Meade Plantation Subdivision: Commence at an exist ing iron pipe located at the southwest corner of Cambridge Heights Johnson Farms Subdivision Phase 5 as the sate i s shown on Map Book 42, Page 3 06 in th e N ew Hanover County R egistry; thence North 25 degrees 36 minutes 54 seconds East a distance of 397.37 f eet to the POINT of BEGINNING; thence North 71 degrees 48 minutes 16 seconds Test a d istance of o 64 feet to a p oint; thence f ollowing a curve to the iight (Ar c=55.87 1 , J F Board of Commissioners Meeting 09/07/2010 10-9-15 ar ius =3 4 0 . o ') and having a chord which bears North 67 degrees 05 minutes 48 seconds west a d istance of 55.81 feet to a point ; thence North 6 degrees 23 minutes 0 seconds west a distance o 223.91 feet to a point, thence f ollowing a curare to the left ( Arc =2 6 0 , 7 5 ' , a ius= 8 * 0 0 ' ) and having a chord which bears North 89 degrees 04 minutes 03 seconds West a distance of 251 feet to a point th ence South 64 d 15 minut 14 seconds West a distance of 4.65 feet to a point; thence South 18 degrees 37 minutes 35 seconds west a distance of 32. feet to a point; thence South 38 degrees 02 minutes 46 seconds East a distance of 152.83 feet to a point; the South 53 degrees 25 minutes 31 seconds West a distance of 50 02 Feet to a point; thence North 3 degrees 02 minutes 4 6 seconds West a distance of 14 feet to a po - int ; thence North 38 degrees 02 minutes 46 seconds west .stance of 48. feet to a point; thence Forth 18 degrees 3 mutes 35 seconds East a distance of 78.22 feet to a point; thence North 64 degrees 15 minutes 14 seconds East a d ist a nce 29.89 feet to a pOiTlt , thence f0 1 1 OwIng a curve to the right (Arc =31.6.63 a iu = 4 and having a chord which bears South 89 degrees 04 minutes 03 seconds East a a of 305-31 feet to a point; thence South 62 degrees 23 minutes 20 seconds East a distance of 223. t to a point; thence following a curve to the left (Arc =46. 1' , Radius =280. 0 1 ) and having a chord which bears South 67 degrees 05 minutes 48 seconds East a distance of 45.96 feet to a point; thence South 71 degrees +° 48 minutes 16 seconds East a distance of 316.45 feet to a point thence South. 25 degrees 36 minutes 54 seconds West a distance of 60 .51 Feet to the POINT OF ]BEGINNING; containing 1.50 acres more or less. Tract Two: Commence at an existing iron pipe located at the Southwest corner of anbrj. ge 'Heights Johnson Farms Subdivision Phase 5 as the same 18 s on lea B oo k 42 P a g e 306 in the N ew Hanover Count Registrar, thence Forth 79 deg � �. 9 notes secs hest a distance of 237 4 0 fe to an exi sting iron pipe, thence North 14 degrees 13 m inutes 24 seconds E o distance of 162-39 feet to the Point of BEGINNING, thence North 74 degrees 28 minutes 51 seconds west a distance o 52.57 feet to a point, thence North 7 degrees 28 minutes 51 seconds West a distance of 70.66 feet t o a point, thence North 15 degrees 31 minutes 09 seconds East d istance 120.00 feet to a point thence South 74 degrees 28 minutes 51 seconds East a distance of 30.0 feet to a pint, thence South 15 degrees 31 minutes 09 seconds west a d istance o 120.00 feet to a po these Forth 74 degrees 28 minut 5 seconds Guest a distance of 106.76 feet t the POINT OF BEGINNING. Containing 0.63 acres, more or less. Board of Commissioners Meeting 09/07/2010 10-9-16 r Together with a temporary access easement over the following described property until such time as the roads are opened within Belle Meade Plantation Subdivision- Commencing at are existing iron pipe located at the Southwest corner of Cam ,edge Heights Johnson Farms Subdivision Phase 5 as the same is shown on Map Book 42, Page 306 in the New Hanover County Reg .s r , thence North. 79 degrees 09 minutes 20 seconds West a distance of 237.40 feet to an existing iron pipe, said existing iron pipe being the POINT of BEGINNING, thence south 7 degrees 21 minutes 55 seconds west a di s ande of 26.01 feet to an existing iron pipe located at the Northeast corner of Douglas H. C l e Inge r and wife, Sabrina D. C l e roger Tract as recorded in Book 2411, Page 0830 of the New Hanover County Registry, thence along and with the North property line of said Cleve ge ' Tract North 64 degrees 41 minutes 48 seconds West a distance of 30.57 feet to a point, thence North d. 14 deg ees 13 minutes 24 seconds East a distance of 17 5 feet to a point, thence south degrees 28 minutes 51 seconds East a distance of 52.57 feet to point, thence South 14 degrees 13 minutes 24 seconds Chest a distance of 162 39 feet to the POINT of BEGINNING, containing 0.20 acres, more or less. 2 Board of Commissioners Meeting 09/07/2010 10-9-17 s REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILM NC 28401 Filed For Reglatmflon. Book* Cruet #: C READ. ESTATE EXCISE TAX: Recorder: 12 02:02:41 P RE 4 129 Page: 885492 2803579059 DEED 7 PGS $ $895.00 AR11IS ANN T R R State of Niorth Car l l a, Co unty f Ne w Han over The f e rtfficate of ALAN M SOLANA Notary Is certified to be correct. This 1 STH o f Dece mber 2003 REBECCA T, CHRISTIAN , REGISTER OF DEEDS Deput lA Wftgi of Creeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DQCUMEfVT, PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE- RECORDING. 003 7905 9 >,' s Board of Commissioners Meeting 2 003079059 09/07/2010 10-9-18 t R { t ; f ~ 2003079060 ER FOR R E G IS TRA �• OF DEEDS CA T AN •, W HANOVER COUNTY. NC 2003 DEC 15 02 92 41 PM 4129 PG 393-399 FEE 0 WHO I MEN PR B R��' ALAN OLANA, 213 N 2 ND ST . , WILMINGT N, N 28401 STA TE OF NO OAFOLINA ,PEL ff A� A a ! 0 . . c:) � ma c, 0 al NEW HANOV,E COUNT'S � � EX -� a� C* dQ EXCISE AX : N VENUE STAM WARRANTY DEED THIS DEED, made thi 12th day of December, 2003 by and b e tween JOHN GALARDE an w ife, KEISHA GALARDE and BAR BAKE LC a North Carolina limited liability company, whether one or more, ca GRANTOR and GALARDE DEVELOP E T o D C, whether one or more.. called GRANTEE, with a mailing address of 6800 Wrightsville Ave Suite 12, Wilmington.. NC 28403. The GRANTOR, for and in considerat of the sun o f Ten Doi - lax` ($10.00) an other valuable considerations to then in harld paid by the GRANTEE, the receipt w hereof i hereby acknowledged, has bargained and sold, and by these presents de hereby bargain, in, se .l and convey unto GRANTEE, Its, succes and assj-gns forever, aL11 that certai - read, property located in New Hanover County, North Carolina, described at the attached Exh ibit ibit 41 A L4 incorpo here by this refe SUBJECT TO 2003 ad va.lorern real property taxes; Applicable restrictions and easements of records All local, county, state and federal laws and regulations relative to zon occupancy, subdivision, usage, construction and devel opment of the described property. TO HAVE AND TO HOLD the above granted and described Pr perty t together with all and singular, the rights, privileg easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE,, Its successors and assigns, in fee sample forever. And the GRANTOR, for themselves, them heirs, executors and administrators, do covenant to and with the said GRANTEE its Board of Commissioners Meeting 09/07/2010 10-9-19 i lilt FOR REGISTRATION REGISTER OF DEEDS RF „E Eft OLA41 2 N3 DEC is 02 02 411M BK -0 9 K 386 -392 FEE tc REV STAMP $895 1 11ONK12NK7959 FI ETURNED7 0 PREPARED B • ALAN M. SOLARIA t 213 N. 2 S T., 1LI INGTON, NC 28401 X9 ?-( CIO - - CPU 0 PARCEL STATE OF NORTH CAROLINA ': 12, :FLe .. a ,� 0 , cy cr o ff ca - o 3 W VO 4 - cJ ci f-> NEW HANO COUNTY E TAX: WA DEED THIS DEED, made this 12th d ay o De ” "00 axed R� b etween ATLANTIS BOLDINGS, LLC , a North a o 1 ina .1i. i led 11cibility company, whether one or more, cal GRANTOR and JOB : G ALARDE and wife, K EISHA GALARDE whether one or more, called GRANTEE, with a mailing address of 6600 Cove Point Drive, Wilmington.. NC 28409. W'lSET THE. :' The GRANTOR, for and in e n ideratlon of the sure of Tex Do llars ($10.00) and other valuable o nsidera.tions to them in, han y � paid by the GRANTEE, the rec whereof is hereby a Rnowledged, has bargained and sold, and b Jt these presents does hereby bargain, sell and convey unto GRANTEE,. its, successors and assigns forever, a one/half one/half undivided interest in that certain real property located in New Hanover County, North Carolina, described at the attached Exhibit " A " incorporated herein by this reference. k SUBJECT TO 2003 ad valorem real property taxes; Applicable restri.otions and easements of record; All local, county, state and federal laws and regulations relative to oning, occupancy, subdivision, usage, construction and development of the described property. TO HAVE AND TO MOLD the above grrted .and described Property, together with all and singular, the ri. its, privileges, easements t enements and appurtenances thereinto b or in anywise appertaining unto the said GRANTEE 3.t:s successors an assigns, in fee simple f orever. And the GRANTOR, for the tsel es, their h eirs, executors an d ad a.nistrators, do covenant to and with the saa.d GRANTEE, j-ts successors and assigns, that they are seized in fee of the above Board of Commissioners Meeting 09/07/2010 10 -9 -20 granted and described property; that they have ood right to sell and convey the same in fee sim ple; that the same is free and c lear f rom any and all restrictions, easements or encumbrances, except those mentioned above and that they will and their heirs, executors, adminis rato s and successors shall warrant and defend the Litle to the sane against the lawful claims and demands of any and persons whomsoever. IN TESTIMONY WHEREOF, the said GPLANTOR h as-hereunto set their hands and seals as of the day and year first above written. ATLANTIS Ho DI ITC By: (SEAL) 2 - thew DiGioia, Member /Manager S TATE O N ORTH CAROLINA C OUNTY OF NEW RANOVE 1, Alan M Solana, a Notary Public in and for the State and C ounty aforesaid, do certify that Matthew DiGi ia, Member/Manager of ATLANTIS rHOLDING , LLC, a North Carolina limited liability company, personally appeared Before me this day and acknowledged t e execution of h foregoing instzument on behalf of said limited liability company Witness my band and official seal this 12th day of December, 2003 M y C otmnission E p2-res . R ma 30, 2004 Notar Public M, 8 z z OT lo ii * 4 WD , _ sm Woo #� *�+ •# • Board of Commissioners Meeting 09/07/2010 10 -9 -21 EXHIBIT "Aff Beginning at an existing iron pipe located at the Southwest corner of am ridge Heights Johnson Farms Subdivision Phase 5 as the same is shown on leap Book 42, Page 306 in the New Hanover County Registry; thence North 79 decrees 09 minutes 20 seconds West a distance of 237-40 feet to an existing iron pipe; thence: South 74 degrees 21 minutes 55 seconds west a distance of 26.01 feet to an existing iron pipe located at the .Northeast corner of Douglas H. Clevinger and wife, S abrina D. Clevenger Tract as recorded in Book 2411, Page 0830 f the New Hanover County R egistry; thence along and with the North property line of said le in.ger Tract North 64 decrees 41 manutes 48 seconds West a distance of 665,33 feet to an existing iron pipe located at the Southwest corner o Stephen L. McGinnIs and wife, Elizabeth T. McGinnins Tract as recorded in Book 1690, Paces 0473 thru 0475 of the New Hanover County Registrar, thence North 00 degrees 1 minutes 03 seconds East a distance of 181.72 feet to an existin ion pipe; thence Noith 10 degrees 15 ini n t es 26 seconds west a distance of 42.27 feet to an existing .irons pipe; thence North decrees 02 minutes 05 seconds East a distance of 10.03 feet to an existing iron pipe located at the Eastern most corner of ichard D. Longnecker and wife, Gail S. Long'nec er Tract as recorded in Book 1507, Wages 0716 and 0717 of the New Hanover C ount y Registry; thence along and with the East property line of said ongnecl er Tract North 09 degrees 29 minutes 11 seconds West a distance of x..16 feet to a point; thence North 32 degrees 36 minutes 51 seconds West a distance of 66.14 feet to a point, thence North 14 degrees 37 minutes 45 seconds West a distance of 38 Feet to an existing iron pipe- thence North 35 degrees 31 Minutes 43 seconds West a d3-stance of 51.43 feet to an existin irorl pipe; thence North 19 degrees 41 in -inutes 02 seconds West a distance of 103 99 feet to an existing iron pipe; thence North 1 decrees 11 minutes 49 seconds West a distance of 63.05 feet to a point; thence North oo decrees 56 minutes 32 seconds west a distance of 92.x97 feet to a point; said point being the Northern erg most corner of said Longnec er Tract; thence along and With the center line of an existing ditch the flow ng* North 66 degrees 53 minutes 45 seconds Bast a distance of 202 70 feet to a point; thence North 53 degrees 30 minutes 35 seconds East a distance e o 53.47 feet to a point; thence South 62 decrees 59 minutes 5 seconds E ast a dis of 131.32 feet to a point; thence South 3 degrees 42 minutes 08 seconds East a distance of 341 30 feet to a. point; thence South 63 degrees 33 minutes 08 seconds East a distance of 377.81 feet to a point- the South 66 degrees s minutes 21 seconds East a distance of 107.51 feet to a oint; thence South decrees 54 minutes p 58 seconds as a distance of 100 39 feet to a point; thence South 86 decrees 35 minutes 19 I Board of Commissioners Meeting 09/07/2010 10 -9 -22 seconds Bast a distance of 102. feet to a point, located at th Northeast corner of C ambridge Heights Johnson Farms Subdivision Phase 2 as the same is shown on Map Book 3 ,� Page 338 in the New Hanover Counter Registry; thence south 25 degrees 36 minutes 5 seconds West a distance of 697.20 feet to the POINT of BEGINNING; conUaining 17.93 acres more or less. Less and excepting the following two described tracts Trac t O Conumence at an existing iron pipe located at the Southwest corner of Cambridge Heights Johnson Farms subdivision Phase 5 as the same is shown on Map Book 42, Page 306 in the New Hanover County R egistry- thence Forth 79 degrees 09 minutes 20 seconds west a distance of 237.40 feet to an existing iron pipe; thence south 7 degrees 21 minutes 55 seconds west a distance of 26.01 feet to a existing iron pipe located at the Northeast corner of Do uglas H. Clevenger and wife, Sabrina D. C levinger Tract a s recorded. i Book 2411, Page 0830 oof the New Hanove Regist hence along and with the North property line of said Clevin er Tract North. 64 degrees 41 m inutes 48 seconds west a dis tance of 9. 4 f eet t o a point; the North. 25 de grees 18 minutes 12 seconds East a di-stance of 112.6 feet to the POINT OF BEGINNING, thence North degrees 57 minutes 58 seconds West a dist ance of 61.37 fe t o a point; thence forth 36 degrees 34 m inutes 29 seconds West a distance of 50.08 feet to a point; thence North 13 degrees 02 m inutes off. seconds Bast a distance of 68.89 feet to a point- thence North 53 degrees 25 m inutes 31 seconds Bast distance o f 71.16 feet to a point thence s outh 38 degrees 02 minutes 46 seconds Bast a distance of 141.51 feet to a point; thence south. 53 degrees 25 minutes 3 seconds West a distance of 87.49 feet to the POINT OF BEGINNING containing 0.35 acres, more o l ( S ome t imes known. as L ot 23 Belle M eade Plantation) Toge with a temporary r a ccess easement over the followin described property until such time as the roads are opened withi Belle Meade Plantation Subdivision: C ommence at an existing iron pipe located at the southwest c orner of Cambridge Heights Johnson Farms Subdivision Phase 5 as the same is shown on Map Book 42, Page 306 in the New Hanover C ounty R e gi st ry ; th ence forth. 25 degrees 36 m 54 seconds East a distance of 397.37 feet to the POINT of BEGINNING; G; thence North 71 degrees 48 minutes 16 seconds West a distance of 308 64 feet to a point; thence followi a curare to the r fight {,a 5 5.87 2 Board of Commissioners Meeting 09/07/2010 10 -9 -23 Radius = 3 0. 0 1 and having a chord which bears North 67 degrees 05 minutes 48 seconds West a distance of 55.81 feet to a point; thence North 62 degrees 23 minutes 20 seconds west a distance of 223.91 feet to a point, thence following a curve to the left ( Arc =2 . 7 5 ` , Radius= 2 0. 0 0 ` ) and having a chord which bears North. 89 degrees 04 minutes 03 seconds West a distance of 2 feet to a point; thence south. 64 degrees 15 minutes 14 seconds West a. distance of 4.65 feet to a point; thence south 18 degrees 37 minutes 35 seconds west a distance of feet to post; thence South. 38 degrees 0 2 minutes 46 seconds East a distance of 152-83 feet to a point; thence south 53 degrees 25 minutes 31 seconds West a distance of 50 02 feet to a. point; thence North 3 degrees 02 minutes 46 seconds West a distance of 141.51 feet to a point; thence North. 38 degrees 02 minutes 46 seconds west a di stance f 48 feet to a point; thence North 18 degrees 3 minutes 35 seconds East a distance of 78.22 feet to a point; thence North. 64 degrees 1 m inutes 14 seconds East a distance 29.89 feet to a point, thence following a curve to the right ( rc;31 . 63 ' , Radi s =340 00') and having a chord which bears South 89 degrees 04 minutes 03 seconds East a dastance of 305-31 feet to a point; thence South 62 degrees 23 minutes 20 seconds East a distance of 223.91 feet to a point; thence following a curare Lo the left (Arc - 46.01' , adi s =280.00 t ) aand having ' a chard which ich bears south 67 degrees 05 minutes 48 seconds East a distance of 45.96 feet to a point; thence south 71 degrees es 48 minutes 16 seconds East a distance of 316.45 feet to a point, thence south 25 degrees 36 minutes 54 seconds west a distance of 60.51 feet to the POINT of BEGINNING; containing x... 5 0.' acres, , more or less. Tract Two: onmie ce at an existing iron pipe located at the Southwest corner of Cambridge Heights Johnson Farms Subdivision Phase 5 as the same is shown on Map Book 42, Page 306 in the New Hanover Count Registry, thence North 79 degrees 09 minutes 20 seconds West distance f 237 40 feet to an existing iron pipe , thence' North 14 degrees 13 minutes 24 seconds East a distance of 62.3 feet to the Point of BEGINNING, thence North 74 degrees 28 minutes 51 seconds West o distance of 52,57 feet to a point, thence North degrees 28 minutes 51 secs West a distance of 0 . feet to a point, thence North 15 degrees 31 minutes 09 seconds East a distance 120.00 feet to a point, thence South 74 degrees es 2 minutes 51 seconds East a distance of 230.00 feet to a point, thence South 15 degrees 31 minut 09 seconds hest a ditnce of 120.00 feet to a point, thence North. 74 degrees 28 minute 51 seconds Guest a distance of 106.76 feet to the POINT of BEGINNING. Containing 0.63 acres, more or less. 0J Board of Commissioners Meeting 09/07/2010 10 -9 -24 ( Somet imes known as Lot 35, 36 and 37, Be Meade lantat�on and also known as the M cGinnis life estate tract Together with a temporary access easement over the following described property until such time as the roads are opened within B elle Meade P lantation S ubdivision- Commencing at a n existing i ron pipe l at the sout hwe s t corner of am edge Heights Johnson Farms subdivision Phase 5 as the s ame i shown on Map Book 4 Page 306 in the N ew Haao er County Registry, thence North 79 degrees 09 minutes 20 seconds West a distance of 237.40 feet to an existing iron pipe, said existing iron pipe b eing the P OINT of BEGINNING, t ence South 7 degrees 21 minutes 55 seconds west a distane of 26.01 feet to a existing iron pipe located at the Northeast corner of Douglas H . levinger and wife, S abrina D. Clevinger 'bract as recorded i Book 2411, Page 0830 of the New Ha Counter R th ence along and with the North property line of aid Clevinger Tract North 6 4 degrees 41 minutes 48 seconds West a distance of 0.57 feet to a point thence North 14 deg ees 13 minutes 24 seconds East a dist ance of 170 65 feet to a point, thence south 74 degrees 28 m inutes 51 seconds East a distance of 52. feet to a point, thence South 14 degrees 13 minutes 24 seconds west a distance of 162 3 feet to th POINT of BEGINNING, containing 0 .20 acres , more or less. Board of Commissioners Meeting 09/07/2010 10 -9 -25 ,!. 1� ?j REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET W ILMINGTON, NC 28401 it 11! 1f�t1r t�it1M i iR #� # #�ik#iwf �!t/! 1M Mk#t #4 +ie #�7411r � 1414 *ik � � ik�rlir #ik � �Riklr � slix# i+rf Mrle 1$11r1R i<r 1kil�tfe �ik� � #14��1t'� �# � �rtk�4 irriw � � 1� � �r1! # *� fkR`t4 � #�k�r� #1A[ � lwrikik �! #+I�1fe 14 ik��ik � 14 �tik# Filed For Reglatmflon: Book. Document ,: C READ. ESTATE EXCISE TAX: Recorder: 1 211 512003 02, 02.41 PM RE 4129 Page: 386 2003979069 DEED 7 PG $29.00 895 MARVIS ANN T ]RER State of Forth Carolina, County o N ow Hanover The fo reg ing certificate of ALAI M SOLANA [rotary Is cortifled to be correct. Tide 1 S TH of Dece 2003 REBECCA T, CHRISTIAN , REGISTER OF DEEDS B y: Deputy/A Register of Deeds YE LL O W PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT, PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE ,- RECORDING. �` Il�li��l��l I1IIIll�lfllllllil�llil�iil��ll�llllil 2003023°.521 FOR REGISTRATION REGISTER OF DEEDS REBECCA P. 5mIiH NEW HRNOVER COUNTY, NC UAV 4. BK:4�190�pG'.99 96�u��',��t4600 NIMBI # RNO2H21 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR BELLE MEADE PLANTATION SUBDIVISION THIS DECL ARAT I ON of C OV E NANTS, CONDI AND RESTRICTIONS FOR BELLE MEADS PLANTATION SUBDIVISION the " Decl arat io ". . made as- � th rd d a o M , , by �� . st�i?. . 41 'i?�r�"r� �'�r�»i' r here.ra ` .2x�s•as :<<. el ,4]Rc -Iayrah-Mt W 1 T N E T r WHEREAS, De c l arant i th e o of th a t certain real property comprising that .residential s .bdi i io ]mown as, or t be k nown as, B elle Meade Pla tation., and s more particularly described .ors E xhibit "A" attached hereto and irncor` orated herein bar reference the " Pro p erty " ) ; and WHEREAS, Declarant des it s t insure the attractiveness of the Property and to p reserve t e val ues and • ame nit i e s thereof- to establish a general plan f development as herein set out; to restrict the use and occur cy of the Property; and to provide for a Method for the main enan e, repair, replacement and operation o f the Common `ea. W ( as de i d below) . NOW THEREFORE, , Be arant hereby declares that the L ots a defined below and oth property comprising the . ro er'ty shall be held., transferred, s d, conveyed and o cupi- d subject to the covenants, conditions restrictions and easements set forth in this D eclaration which ar for the purpose of p rotecting the value and des irabili ty of the roertr, an which shall run with the P roperty and be binding 1 parties owning any right, title, o interest in the Property o any art thereof, their heirs, successors an assigns, and sh , inure the benefit of each owner thereof. 1 Board of Commissioners Meeting 09/07/2010 10 -9 -27 ARTICLE I PROPERTY SUBJECT To THIS EC R ION A DDITIONS THERET • ec ion 1. Et istin r Pro ert Z The real property which is and shall be held, transferred, . 1d, conveyed e and occupied subject to this Declaration, irrespe ive of whether there may r be additions thereto as hereinafter p ovided, is located in, new I anover Counter, Forth. C arolina, and i more particularly larl described on Exhibit "AN at tached and i corp ated herein (the "Exist `'n P roperty" ) . Section 2. Additions to Existin Pro ert # Additional propert adjacent to or adj oining the Exist r'o pert ` m ay brought within the scheme of this Declaration a d the of the A ssociation as defined below bar Decl. an.t without the consent o �, � the A ssoc i at i on or i ts Members as her inaft r def provided, however, that said annexations, if , must occur within twenty (2 Fears after the date of the f 3"Lling of thlLs D eclaration. Declarant shall not be . obl igat ed to subject any additional property to this Declaration. such addi ions shall be made by ilin a Supplementary Declar'a ion o Cove ants, Conditions and Restrictions with respect to the additional op rt r 'in the New Hanover County, North Carolina, Public Regri which shall ext the scheme o this Declaration and' the jur" diction of he A ssociation to such properties and thereby subj ct . such additions to the benefits, agreements, restrictions an obli atibns set forth herein.. ARTICLE ' l DEFINITIONS e c t i on ...sis q � � i i 1�� y ] .• �^ - - • • + y � � � � 7 �1' •• t F} , 1• t�r 1##1••��.�� # !/� SUC � :� � .�'� + 't >� u ' }� ��" + * ■e��tt � x �.-o k. s s = ?• �i' # { ..5 ./ _ .f � - �1 # 1W G 3 44 w {. 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Y lwfvi ry k^ �+ � assigns � • 4• - '7 . r� #� xxft ho-,:'- �t�.: r3'`° �9c�.@". ir' �, �,T-- ��.'.t't�`,� <.S.�i%6:wts' "' : #;ry .. t � � f.: t.-..� ".t =�t�. ��Y•Y�� t ': u 'C4c " 'l" ' r '� ♦ '3t 3 '1I.."1t' < f 11.[ - atr f .a�] fr ��yf;' /+'��•44i�J1M1 :.,,° #�- t i r•+4' �. 7eSF. rt.e.a ' ,.'g, lwmS.x^5�'$'r ;.'`; �^G'"Sr. ca_� w - ,ys,�f nt a'•.kE.:r ,,s..z ,G �....*i", .^�`x+ 1#a2"rnCgl�t� r U-4 g; r the common on use a c en joyment ' .. o �tiu r the owners and/or s ignate'd - a "Co mmon Area`# on the Map of the P roperty, t ogether ith all improvements and facilities installed upon or used in c nnection with such real property and property right The Co n Area shall include without limitations, , the ' s ra.. hts i �.k +} ' on arer and to the ::.. # A ssociat ion 's � t�.. �: !Yti.M'kn� �.g g)�' ��:�- ,. ?,d �3xr. in 'at:t fry z o-za ... x3 ,2»�'_aU'�'s.b�;,°4::.`*:.:.i; Pik ..'� >saak,:ro-��:`y�'�a��'J':'c ;�2z'da: ac•'3'::, ".+ #:, ..� ►�. 9 =� :� �#.�' .-,5k :. =s�'s 1.tfe3d sn !' #y rte. -, a �. �-� "{w 8 �3 °-- d` v � d• }}y *' 3 !°!° :F� t? 3>': .Ya �! »�� - F' , wf -•e` :r u. � ..s - srt��..az �� .:��$ - � �� :�;� '# '' �: Y ;, t _ �r-� ,�, �. -� 3^ • i!r.r-. fr'+r.>r'a.a. .y2,:5r.,.:- Sect .r _- :n y�'tk etc- s;.31, r' -'� �;. rb" �• 7'; F. zt�. :w5= t :.�xi:�Cw.,t +.P «..q�e,:.o-� # EA T 1. 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V4 .+r.;: 7 l 7i S / F • +�. fyartx }r ! .. �2 ?. # _ r �u trV'4�� ".Y #1..1. ,; .L�::'3 -:J.� +' skf ""'FI; �1` < {.: i5 >• >�a"' "^4,- .o' :i. . �' �� '°"��i� °xli? :� S{ y` ,. ,,.�...:r. wt5�?'n n:�'eµi Y".��t'�G:- "t -s,:. �.::v :. :�;r'j'��,o-� ?� "t� N Board of Commissioners Meeting 09/07/2010 10 -9 -28 .nokK 1i-- r�-i1Y1-L;L.�711 �fys :t ��+�'�r'. *4 `.r�Jr�� '<¢•` :yet -.:�M1. :• ..z. w. .. {..,, _,t t "., - :., 4 h •:�` -M1!�;w rF�r �r ":'�C� ."'4,^'• x$."'So .`.S" :. {:'•�' � ..G I,'�'.�i r•� e' �^ v .. �� . 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YZ T" {, .4' �� .- } �c� �. �' �'•e^. #� : , e + r -acs �� _� #�?'" %'� {k 9c� �5 � '�' ': Y >' s,�::< w.r "fit ;Jf:3x t•: /.. - 'ci� C��"�x��k' g � � � ..'! } £of•_ � � �' {.;. �M13{':�d Y..�� cr,.r _ rte S. {_ :3. §�'a'�,t c,r.. �`'aa?��.?�i •$'�;." .f �.�a.•Jo-: ,,�>cE;� +F :'s' {' ^�I r. �: * - -- . r .. - z�: . fit � -'c ' La} - :�.: � iV6 M1 '- � :'°: 't' _ % t .,.. � ,.. w+.. ,� � � ,p c t ; to = u. -: t , t such t Decl . x . R.. - ' - •5£ err t •'9a.:o;�.,� ''°�, -`,-' becomes a "Grass A Mem erf of the Assoc' Lion s ' t pro�ridrec for � the By -laws of the Association, or cea es to be a Merrier of the Association, whichever shall earlier o cur, all rights granted t t or reserved ire favor of Declarant .t sh 1 be deemed transferred to and exe s b .e by the Ass ociation, a d the Ass ociat i on shall from and after such time ber liable for all actions taken in the exercise e of such rights, 'with the exception of the right of architectural control provided for in Article of this Declaration, which shall be relinquished by Declaran only in the manner and at the time set forth in such Article. e tion 4. "Lot" means any plot o land, with delineate boundary lines, shown upon the Map and any other subdiv' sion reap of the Property recorded af ter ' the is recorded. In the event any Lot is .increased or decreased in size bar re -sub ivisions or throug recordation of new subdivi i plats, any such newly plotted l ot shall thereafter constitute a Lot for the purpose 'of this De Sect ion ""M -m eans t a t certain Ala Of Section 1 of t he Existing Property as record d in Ma Book at P �. �„� in the New Hanover County, North C rolina, P ublic Registry, an d the map of any additions, Sections, Phases to the Existing Property which may b e recorded by D ant in the New Hanover County, North Carol ina, Public R 3ecti "Member" m ans every person or entity who holds merabership in the Associ t i o . S ection `, r "Mor tgage" m a s a m ortgage of dee d of t Constituting a recorded first lien on a Lot Sec t„i 'Mortgagee" e a .s the owner ' ' and holder of a mortgage at the - time such term is b ing applied. S ection �� " me. ns the record owner, whether one or mor person or entity, of f simple title to any Lot 'which is a. part o the Property, includin contract sellers and owners of any equit y or redemption, but ex luding those having such interest in a L solely as security fo the p erformance of an obligation. 3 + Board of Commissioners Meeting 09/07/2010 10-9-29. „ S ection 10. "Public Right of Way” means s n streets and all marked as such on any Map of the Property an designated b Declarant as Public Right of war. The Public Right of W ay shall include all pared porti of such streets, ad3oining curbs an gutters, irrigation rste , a ll st orm drains/ sanitary sewer lanes, and other � utility facilities int Iled t or thereunder,, all landscaped e is n there' , and adj oinin g landscaped areas within the full width of the rights-of-way of the Pu blic R ight o way as shown on any Map or as de i nated in writ in by Declarant. 5gc tion 11. " means the "Existai . Property" d escribed in 9 Artic cle 1, Section l hereof, and any add bons thereto, as are or shall become subject to this Decl.arat ' on and any Supplementa Declaration under the provisions of Ar icle I, Section 2 hereof ARTICLE I ARCHITECTURAL O T OL .. ; at;- gi ; r: + # :r 1" F ' e s 1. d x a' ; sr:a`1$ _;_: ,aecain- n. e c �. . x a 4 ssJ..i : e Li'° r }-� x+77 � �J . �+*:,.'!; 7r ? r� }• ky �1.a�1r .�i> ..v' #`< .. :. , + y .. �:e: -�-`•. ! *. a Ef.�" 1� a ti1L 1 71._R1 t +i ;e'.' z. $: v. :. 4 r, s�;> y' - J 'S< s's - ". {4 .'x'•z „t_ -6 vo ° il ^ao k s� i c• � {R, � t: •c ,Ln t '. `� r?��,r:;� °. l�,F�c'ttN .,�, . ' iixLK � �w �•� � � ��'_ 2 £`c it � �,1 t�cx� �': S � e¢. � 'ti� _ r p - .r.� ' '.y. '•Y'� Mi ''FR:^v.,- .,,�� z:r.;�: p e'o'::sf. �„'.z� '�A:,'r.a., *ka'.�. '� .�.'.:a� �t- ' � .�. `=s3 .�r.� - ' -- � - r t • �. M .u, :��"' � r.• nt x .4■ + #" i . "o k ,zt :`:'�x' "av# s k' k �;.'e_ '�f, y : •> -:Yro x i: ' i' i_ •;�!� - ¢.1 +R'. 9.. { : { 'ti .} ��'r ' " " R .f'�" : f ;..C�. � t`;7• ,, �o�z- �. �}� ,# . _.,�.. � � ��"+'�¢zFa¢iff Wt� .�iiioi�L{:S`v.�� o-.iYtiaGv:+.r�:. .'�3�'�:,T•"R 4 ,� t.......�� x�' ..:$<3.�L" ^3r'.`fe �x�`• e t �''`� ' �' $�e � �� s fl��:ia..rr"0.+:.a G,.s yF'F -'�. ..<,t •- �vre..c'$�� :�, c�." �" : ,>z..k �+.� '� x`,�� • � � ^..�,�. �n ..�:r : - s. r e.¢ n:aYr .5: x? � ;:' ire :i 4:s,.�..s,. Y s. � � _ x x � � . e...+ Si�' ref :. :.}/+4+i.� '- �..'x. ..4`",.■rr�;7�'1,��.rrs #. .�,/. .,3r:�v :r= f r try? S t i ts.. t4irke .q..a¢a�, Y_'Y" "'R �' y. Y.* .'�h �'Yh ti'::�Y✓ `I }. _ e a� , t { of - opt i on , . .. surrender such right of: architectural o trot at and t ie y u�.� h al l re written instrum and,, s ch t ime, th e ,A ssociatio h ave the power through an ad i i.on I .duly recorded wri tten _ins r nt . to appoint an architectural re' iew board. (the "'Architectural - .'Review yew Board" ) which Arc i to t ra -Review , Board, if'' s o. appo knt e -,: , shall have the right of r i.t t ral control. as. described in this Arti .. and sha ret ain Arch such right unti said Arc tectral R e v iew is terminated a duly rec written i str�zet executed by the Association. Section 2. Extent of Con roy . No buildin garage, fence wall �. sidewalk,, hedge, mass p , ntin. , change in g rade or slo# e preparation swimming of , tree ho se, ch ild ren fs play house, sign, exterior ill inat , on monument or marker, driveway, utility f acility, mailbox, well , tennis court, patio, deck, dock or ier shrubbery, .an scapa n , or an other structure or imp rovement ( "Improvements" ) hall b commenced, erected or maintained up any y Lot nor shall any eater or a change or a lt erat ion th erei n ( inc luding change of olor) be mace without the pr ior written approval or De lar nt i its sole discretion. The areas over whic Declarant s hall h ave control shall include, but shall not be limited to, the siz and plan of the pr incipal residential 0 Board of Commissioners Meeting 09/07/2010 10 -9 -30 structure, the location of the principal residential structure on the Lot, the size and Plan any attached or unattached garage or other building, the location and manner of construction of an driveway, swimming pool, utility facili pati ma ilbox, dr ivewa y and landscaping monuments and markers o any other exterior improvements, the composition and color of 11 material used on the exterior of any structure and the to tion and type of any shrubbe De clarant shall also have t ro 1 ove the rem o any tree o r other vegetat from any L o and no party shall grade, excavate upon or other - wise alter th topography of any Lot or remove any tree or other vegetation t re from without obtaining the prior written approval of Declarant n accordance with its general plan of development, The Declaran reserves the right to control absolut.el.y and solely and decide e precise site and location of any douse or dwelling or other r cture upon. all Lots, provided h owever, that such locations shall be determined only titter reasonable opportunity is aff ded the LoL owner to recommend a specific site. Section 3. Procedure y party requiring approval of any proposed mpro er ents t o a L ot sha submit t o Declarant plans and specifications showing in. such detail and manner as ]declarant sha- .l re zui e the na ur shape, height, color, material and location of any s ' uch im o� ements. Declarant, in its so and absolute discretion, may ec uire in particular instances that such plans and specification be accompanied by a plat prepared by a. registered surveyor owing the l.ocatibn of the proposed { I mprovements on the Lot Al decisions by Declarant shall be based on Declarant' s discr tior ary determination as to whether any particular lr pro eme t is suitable and harmonious with the development of the Pr perty. . Declarant ' s approval or disapproval of any proposed Impr ement shall be in writing. In the event that Declarant fails to approve or . disapprove any such ro osed p p Improvement within irty (3 0) clays after plans and specifications in such detail. ' as c larant may require have been received by it, such plans and spec fications shall be deemed approved. subsequent to the approval. o any plans and specifications, the owner shall �. have the responc-li 11ity for na ing - si ch - I- pro ements in accordance with the plans nd specifications as approved.. Approval y Decl arant of any proposed Improvements shall not constitute or be construed as ap rov of the structural stability, design, or qua lity of an I m p rovement or the compl of any s I mprovement witly applicable laws and codes. Refusal or approval o plans, specifications or location may be based upon any grounds, including purely' aesthetic considerations, which- the opinion o f and the sole- nd uncontrolled discretion of eclarant shall be deemed suf f ici t . 5 Board of Commissioners Meeting 09/07/2010 10 -9 -31 I n th event an o wn er violates th t o th s ect ion Declarant or its duly appointed agent shall after thirty 3 da written notice to own to cure such violat and failure of wn' to so cure, be ent *tied to en ter up the Lot (s) of Owner and cu re such defect including the removal of any Improvements built i violation hereof, all at the cost and e pease of owner. x eases n costs in � Declarant r ch duly appointed agent i connection with the cure of any such v' olation shall be a lien upon such Lot s , axed on the a p �.�.�' f such � to reimburse D ec l arant or such agent for sc is expenses n demand, Declarant or such agent may efor e such lien against such Lot (s in the same manner as is p ovided for enforcement of th Association's lien for non - pay nt of assessments as provided for in Article VII Secti ion er in below. This right of the I cl rant or its agent . shall e in addition to all other general enforcement rights which. th Declarant may have for a. breach or violation o f the terns of t is Declaration and shall not be deemed a trespass by Declarant its agents Declarant reserves the right for reasonable need but shall not be obligated, to waive in w riting any violation of this p rovision. ARTICLE I C OVENANTS, Co ITION , RESTRICTIONS AND EASEMEN Section 1 . R ule s a R . The Board of Directors of the Association shall h ve the power t formulate, amend, p ublish and ? enforce reasonable rules and regulat concerning the use and enjoyment of the o mmon Areas such rules and re u�at ions al with all policy r solutions and Policy- actions taken by the Board of Directors, sh 11 be recorded in a Book of Resolutions that shall be maintained i a place convenient to the owners and available to them for .inspe ion during n6rinal business hours'. Section 2. . of Lots . All lots and .il in s 'shall be single- family reside tial lots and shall be used for residential purposes. The ] evelope may use one or more homes for office and /or inodel<s for sales p poses. The foregoing shall riot be. construed to limit �- or prohibi t off ices within the hone provided said offices are n ot open to th public or held out to be for public visitation, use or c onv ni en c Section 3. S ubdivision of Lots No t shall be subdivided b sale or otherwise-so a to . reduce t oaf. Lot area shown o the Ma except by and with the write consent o the D e c larant a provided same is also permit e under applicable governmental re axed private restr ict ' o affecting said Lot. however' Declarant hereby expressly rese ves unto itself, its successors and assigns, the right to re - pla any two or more Lots shown on the 0 Board of Commissioners Meeting 09/07/2010 10 -9 -32 pl of any subdivision of the Property or Additional P ropert y order to create one or more rodi fied Lots; t o further sub divide t s hown on any s sub pl at into two or more Lo ts; to recombine one or more tracts- or Lots - r a tract and L ots to create a larger tract t eliminate fro �s Declaration fiats tha are not otherwise buildable or are eeded for access, or for use as road or access areas and take such steps a s are reasona necessary to make such re a tted Lots or tracts suitable and fit as building sites or ces areas or road said include, n t mi to, the relocat on of easements and rights o , w and co�nforr to the new o ndarie Hof the said re- platted Lots, N w i thstanding g the foregoing, , section. ina be subdivided ' nt thr res i dent i al lo 9t, Section 4. Fit ' f First lefsa. e etin Unim pr oved ed .dot s . ]Before am unimproved Lot may be sold r . rs to a ers n firm or or oration by any Owner they except Declarant r i successors, the owner s dotrst shad offern wr sell the L ot t o Declarant, at r i c_ and te=s designated b e said O wner. If Declarant does of accept or reject in writi n said offer f safe seven dais of its receipt of the sa m e, , them the owner of such Lo sha have 'the right t sell the L ot t am third part provi d, ho�v'erer, the sale of said Lot to such third party shall b t a price and on terms and condi • �.ons not less favorable to s d owner than the offer made to Declarant L and th clos of- t e s ale o s uch L ot mu o cc u r wi th i n si months after th of fer by Owner to sell the Lot to Declarant . An sale of a Lot t a price or on terms and conditions less fa to said own than the offer ma de t o Declarant, or which cl oses more than i months after the offer made by such owner 0 Declarant,- W111 require separate compliance with the foreg provi f this � sec Article Iv Sec tion c i r , t eser tilt asemenks . In addition to the easements reser on the Ma th e 'a reserves for itself and its successors and assigns, a { ranent ean�en �. and the right at an t ime in the future to scant a permanent r' ,� right t o wa over, under and along . an area n ; for ly ten (1 0) feet #:in width along the front lines of each Lot for the installati and maintenance of poles.' lines, co ducts, pip and other equip necessary or useful for f rnis ing electrical power, gas, water sewer, telep one service d other utilities and draina facilities. Within su no st u�ct gyres , plantin fences or other material. shall damage age or interfe e d or permitted to remain why ch nr he installation or maintenanc of u or wh may t r retard the fog f water t d rainage channels in a T area of each dot containin the easement and all .'improvements thereon shall be ai ` tamed 7 Board of Commissioners Meeting 09/07/2010 10 -9 -33 c ontinuously by the own of e Lot except for th ose i row ele�l for which a public ut on or utility comPany is responsi ts ,Section ___ _ . Reserved aina e Easements. In a ddit ion to the asernent reserved on the Map, the Declarant reserves for itself , and it successors an assi a permanent easement in and e right at air time in the future t grant a permanent right o f wad over, under and along an area unif ormly thirty o Feet in width along the rear lines of each Lot and ten 10 feet in width alon the side line of each Lot- for the E xa and main o c onduits, pipes and other e uipme necessary or useful l for f urnishing drainage facilities, S. thin such are no structur plantings, fences or other rate 1 shall b placed or permifted to remain which may da.rna e or nter ere with the installation atio r . maintenance of said drain e facilities or which may y obs r c or retard the flow o wa through drainage channels r� n such areas. The area of each L containing the drainage easement and al improvements the n skull be maintained cOntinuously b the � weer of the Lot e ept for - those improvements for which a 'public Authority u tility company is res ponsib l e. S e ctio n - . ��.. y � J■ errs' w .. ... . .... 1 V �L� .L � ��.L.#''75, scV r"3 1 k} ' em, :4 y " * o `V'L.`.�'.t'. -.4v M1M1E�# an •/`' '•'' * — , €.�z - 'a , A�i *.L 18 r{ �o�" f"4n! i i'xf µ Section 8. Exterior Li' its . All ligh u ibs or o er lig installed in any fixture-located on t er'ior of any buildi o r on any Lot shall be clear white non -frost lights or bulbs and shall be low level (not fl scent, aeon, etc,). No street lights or oth h int li ghts are permitted. Section . Electrical Power. The D t reserves ri it o pt ion, t o subject the Pr ty or any port thereof, � con with - fro ress _ - � o a g Corporation .on which may require a continuing mont ly ent to Progress Energy Corp the Association.. p � tier 10. p rova Plans. F ront rear axed id��. eleation t ogether with specifications on e exterior sidi g , are footage, wind doors, roofing a exterior colors must first b e submitted to Declarant for rev' ew and approv al p rior to - the be inDi g of any construction, t include site work; All buildi mu st be stick built and h ave crawl space or raised slab foundation. Mobile hones, dular homes and any other structure that is not sti.ck built on he Lot are absolutely p rohibited. E Board of Commissioners Meeting 09/07/2010 10 -9 -34 Sec t i o n 1 # Min Ho Si A hou se shal contain not l than 1, 600 square feet of ated living - :5 6 ::{ ..t }y .x3'.'•.'' �. r �uri { dc. 3.:-+f `+t•a {+7_. {+ {/� .'F.'.. ,c5.'J t�{ J1r- kr.,..' .�,t ' {t.'}.M v 'tS +4;,Y �fi .1- ,�{,� �✓*.. ''Y. .+o-. x�." :4. Y4 M } {.6 k V. �4- *£\. /� 'w' _:,{��'3 �£� }. } x + � ry Y,.c .. a rt '�v ,.; x' r � . . ## «fir %i.E-0...°ric"zr -:f�7 5�' <i.*t.._.. >�.#. .�.. >r2�:. ..s,. c. w..t.�:c �� . � ..�.ae.�.£ y ' r x�'"a { t •t �w t a ^��;, .. „�: LN- wtr =.s _, y. �,= �.rs{'.- .e• -�w.t s rR r r. �:'�A ', ;,a � �`t.:J �.� t _ ..s � , t # �:k�4.� ' _�4f�v`'`r>3`c � ' +': r- '[ ve. ':°T;` Vti' :.\..I. -e• = #.'S'� :/ 'c }1+ ■ .. # y /A..'�x >.nti wry .. s.Yrc t •'. ^,0 9:'>4'.�{ "'q�'. x*- �o:' y 'i "�:J,¢. }. {ri'Y...'.�_��K�{2 {- C �. �{.:k:y.s'.x��sY�:�{Y.rt +t: {3P�Y�iiY'i #' {.: {}��.rtry .,..'.. . c�. � .�.s,r`.{� Fri:�`..r o- «tir��.c: o, � ,�. .ai. .rS ,�a..^o3: trued �rrw✓. k;r �. #° Y•�'x , .f t acv .. .} " S ect i on 12. Bu "i d in -_-Pl e l r l� V sinc the es o inflexible building setback lines for location of houses on lots tends to force construction of .ouses d ctl to the side o other homes, with detrimental effects o ac r, view, p reservatio n o important trees and other ve ation, ecological and related considerations, the site an oca ion of any house or dwelling o r other structure an of shall be cont by and must be approved absolutel y the Dec larant. ' N the foregoing, the s ac s shall be in accordance with those approved by New Hanover ounty for a "Performance ance Res .dent ial subdivision Section 13. Buildin f� 1Yht11 i1Y »�f J i Y G k +y �h ..rt .ry •se:'ru °ti `' �6".' 77 s -o �}�. -T1eA1 +;� _•� � l s ' .� �k :s' .. °" _ e % Gry ,s e r `ate #:P,' .m =:�k: kw• :3. 2 { - s. tr ' r „ {=, {., s "rty.. � :{ t .: k � .. ��i[K } J4 a�xY ,vt.4 ..1 .. �1.Ni'W�rr+��:t� < �+ t .�..�r _;�r�.,.,s.'A+d: #, q?.k.`�7 ■ F . '+ i . . €• 3 { �SS `'# ,''{,,,;, - ?r."t"�`.:z£'.it x: 5 f:” a�e�3's.;i2a� f #kn +f.�� $HSt`. F�.,,�. '. �yy .'��::��'"�:,{_ s :� x: x .i �� rt�� "'#`�? f °a4��'�' {..� �� #� #. t, 2;r.'�'• �. f.�, ?� rt _ : �, y � � '. ;.. e�, "4 _ "Iw W+.....Wx {f.t,+4t'l'+kY •at�a... : {�"�. _ ,. _ *¢ .,. - b. ;y VL'fQw�.{�:�'x+A.''4'. i � �,g�+�'f +iy�+. 9 i{' x #1f1i }.��F' {;�, f�t . }:V.itmJ 4..'y •o- .=:rv�. _ ";=�.F :• x s. ¢ fit. off' � ,.t >-�.� zf�rr� cv;l � c '�E *� .yr.��` t. #. •r! t : zb:'2r ° 7�'° -�f* a'v " >',s?�s# a {', o .r.'_" �' w.,y� >.'�ia +�.. � .�:." r a^ort.$�.:. ':.TJ x �' ~�;'�' d c:,.a . � :� � ; =,,�•kr*. { "�*�,Sa'r r „y: r ;��'� "s��t'��' ;i ■. x. 3' .� :.,. w%,• ,�;:.�Y'$ $Y ,wL'•k ' - +-v }. {: �� , 1 #. yt[ ��,�?a; y 7 . { t r 'Y$°� z � • -.�� ,�.: 3 t9Mr' '.�"i. x'k�h! n- a L W -r aI., , j.Pi r. {� W �y, l .t.. `;w�i `}5, k7'a:isLis cr i # y w r - <. .+1�� ! 1 - 4, , u� '..� ..{. C a, Se ction 14. Number of Dwelling an " e a. structure l l be erected., altered, placed or permitted to rem in on any Lot, except one single-family it dwelling not to exceed t -and-a-half stories i height, unless the Declarant or its succ s or, as the case may be, approves in writing a structure of more than two - n.c -a -hal stories, and one or more small a essory buildings - which may inc lude a detached p riva te g ra Or g ue st fac ' Th exi sting out bui ldings on Lot 3 Section 1, are permit as a matter of right.'. Section 15 Limi o Im ... us- Surfaces A 1 Lot are subj ect to the State of / /�orth Carolina rule and reg concerning. s ormwater ru off those rules and regulations are amended from time t The maximum allowable built-upon area. for Lots l - 13 , nd - 5: m i s 3,200 square feet per ,- �1ot . The m aximum allowable bu' - upon area for Lots �-21 24- 33 i 3,700 square feet per lot This allotted amount includes any built -upon area constructed it in the lot property boundaries, and that portion. f the ri ht-of- wa be Teen the front m lot line and .e edge o f the pavement e xt Built-upon area includes, but i n m l irai t e to, structures, a p ad. , concrete, gra el , brie} , stone, s1mate, coquina and r} , areas, but does riot include raised, open wood decking, o the water surface of swimming pools * Declarant reser yes e right to recalculate the m aximum allowable built area in accordance with the story water runoff rules and regulations Z- Board of Commissioners Meeting 09/07/2010 10 -9 -35 of th St ate of North C arolina with the a pproval of Stat of North Carolina, Divi of wat QUal All runoff from the bu i lt- upon area on the lot must drain into the permitted system. T his may be ac complished through providi roof dra gut whi drain to the street, grading the lot to drain toward the street or grading the perimeter swales to collect lot runoff and directing them into the stormwater s 'ste , or into the .street . Lots that will naturally drain into the system are not required to provide these additional measures. Drai swat s or drainage patterns used to treat stormwater runoff as required by the rules and regulations of the State of Forth Carolina mar not filled in sped r ganged wi thout the consent o the clar.nt, its des ne the A ssociation, or the State o Nort Carolina and shall be maintaine as pr o vided h er ei n. Fo curb a gutte proj no one may i e I fill- or a lter any lot 1 i swa use to meet N orth Carolina Sto M /ae neficia-ry R req u i re m e n t s . The Mate o N orth C arolina is h ereby mad o tb�s Declaratio to the extent necessary to in compliance with t .e stor water management permit . The enants are to run wi th th l and and b binding on alb. perso s an parties claiming under the The covenant pertaining stormwater may not be altered or rescinded. without the express ritt n consent of the state of North Carolina Division of water ality. Alteration of the drainage as shown on the approved plan air not take place without the concurrence o the Division. of Fate Quality. The foregoing covenants are intend to ensure ongoing co pliance with State Stormwater Management Permit issued bar th Division of Water Quality under NCAC 2H.1 Declarant re eyes the right to unilaterally amend the restrictions ons herein conta at any t ime o - ensure ongoing comp liance with said State for water Management Permit, r . ection l ; Outbuildings and semilar St rugtUre s. No trail carper or o st ructu re of a e matu shall b erected or all owed t remain upon. any Lo and no trailer camper, sh ad t ent garage, barn, or -ot-er str Ctu.r'e of similar nature shall be used as a residence either temp orarily or p ermanently upon any L ot; prov however, that this section shall not be construed t -� prevent �.- be Decl from permitting any party build` g a structure upon any lot to erect te structures drip construction, The exist out buildings on Lot 36, Section 1, are permitted as .ratter of right IP aec 1 7. N uisances and /' JUnsi t� Mat . rials .�� No noxious of fensive, or illegal a.ct ' .i ty shall be carried on upon any Lot nor shall anything be ne thereon which may be or become an anno ante to the neigh rood . No person may keep any animal p on am part of the L except that any owner then occupying a residence upon t may }peep custo household pets upon such 10 Board of Commissioners Meeting 09/07/2010 • 10 -9 -36 Lot provided that such pets are not kept bred or maintained for and commercial purposes or in such a ma ne as to become e a nuisance to the other Owners or residents of t subdivi i n > b l e and pro that such pets are kept in a.ccorda with county ordinances and leash laws. No domesti far anima. r fowl shall b rs kept t o any p art o the Property, o Xhe nting or an bird. or animal s be permitted on any part Property, Boats and recreational vehicles are prohibited cept i stored inside a g arag e. All service utilities, fuel tans and wo e piles are to b enclosed within a wall or plant screen of a pe and si approved by th Declarant or its successor, so as o preclude the ' sane from causin an unsightly view from any s eet or wa wi thin the P roperty or from any other residence in the P roperty. No fences shall be placed or permitted to main on any lot without approval o ' the De Section 18. Maintenance o Lots #; _ :- tt. �: �. �: �� ,rn�x- �.�s'a}l. {�:- _v,�ete .. ■ s �+ �txwi :.."5�...e;i�:}:io: >.�:�.�.:,: 4::}:':s''� � V ''"e'f,' >x',i:ly�,c: ty��.�.v, -��' .�>� .. r#�tr x '�a �Lir.r Y. +•�.'� A./. #'1,w.ay1 k. :^ b +..i,b rk ii^ rT Vii+' S5:' "•.�.* n , � {.. � rt +' V :' i:.". >.y r... Yl i�; :s:w.: k: t:� }} .tf+ x {,,,- 4 't."�3 1 J }}y� .7L.++ {� JYt� '�9: �.:F xe. 1..r .: .. � f hLl V ,. _ � �'' �! - � £. > " }'' {;:" ':•z. •'ei.'s" ;F` xr' 7,-f � " ,�.r. .cif n}':'.''a. ",' #. �... F4� ..2 r:, :i..e::. y.�.. ict. > v o-•� x+pY � ...� }c�'�°' ,.. � .. ... }r, .•� .. _ t .,.. _ w �a:z <= �� ^ ,�.e�s. ,> = .s'.�;:` °3 � - • :.i;,�,'t, >s °;? �. '.i :z. -,' ';::_.,,. .'i �'"" s .: eG� %t•�'""r ; vi... # cs t � " mo t: £"' r'{ . b " q ;t � ' :.9 � ~ " �7 , • - ',t.` �� - '{ y •a � i.[:. 'rt "r {r.k ?,tiw k.'4 - :#- ' "k oya .� .:i: .�:. .s � r .�. }t _'k.•!;� ?" vh' 'L�' Sd�t<.o p. E.'. �:5 {r.:'v "' �xa rx ..i .�. -� u ^t �. _� v ..5:,' ;�. . ��.' � fir kvY:> [ r�1`: at�a� €.�*- ^"i= ro.�fi�.',;I�'�S ;.�.'cr;•�f'$1 �: rtxd�..k,6f<.K' >.?ac•« �,{,c,.Yt~r'.r' ^�c'°#;�..tFat.wz�...�"� �:. v ]I "i. - .r "�u'"` , "i+d f�.6.r .,�.G• '�' k':�i: :.»a';.�'i' .5•.. F;sk: Y.t :: .y-Y: > ?"3.: {r:t�:l�: t.b # ,:. $ 4 f'�{_ { s h a l .� '�ea.� {�4.: �:�..3'� t� [ " Qu'oS.Y ��+� }}�F� t l i t } '� °_ + , " ". i_w ,. n:: • .. {n.t Lot r esp onsib i l ity yw'k k�✓{�f9'3.:fk[S: L't }. L:.' .':3.>:k { } 9 ..b� � .. t ...._ .. � �' _ N _. x.r..t , �A��. the ea ch ��'. .�.„s:,.� �.:�.��:'z� %:��...:,�'..�. {�:.,��; 'r�'C1 tr of owner �mxt t an r located on the Lot* No clotheslines may be er ected or maint on any Lot. No Lot shahl be used in whole or in p art for storage' of rubbish of any' character whatsoever or for the -storage of an property or thing that will cause any no ` se that will disturb the peace and quiet of the 'occupants of Burr ending Lots, -a .d n trash, rubbish, stored materials, wrecked r inoperable vehicles o similar unsightly., y., ite is shall be a owed t o remain o any Lot out side an enc struc ture; rovi de , however, that the foregoing shall not be construed t prohibit temporary dep osits o . trash, rubbish or other debris f r collection' b - g overnmental or other similar arbaa e and trash removal units. Each owner shall provide suitable receptacles o trash, rubbish, garbage or ashes and such receptacl s shall located in a screened area not general vis ible from the ro d, the adjoining Lots or from common Areas, In the event that an owner fails or r efuses to comply with � - any of the foregoing, th Declarant iiiay demand that the owner promptly y comply with the acne by 'mailing a notice thereof to the Owner at his address -spe l ied in the records of the Associat 10 ion a by posting such no ice on the Lot If the own has not complied therewith wit n f ive ) d thereafter, the Declarant may eater and convect he sane at O wner's e Each owner by acquiring a Lot (s ) s ject to these restrictions, agrees to p such cost promptly u n demand by Declarant. such cost shall be a lien upon suc i - ownear' s Lot( and upon the failure of such owner to pair such cost t Declarant upon demand, Decl arant may enfor such li against s ch Lot in the same manner as is provided for Board of Commissioners Meeting 09/07/2010 10 -9 -37 enforcement of the Associationts lien f or non inert assessments as p rovided for . n Article PI section 8, herein below. No such entry as provided herein shap be deeined a trespass. Section 19. Preoervation i of /`rees Natu ral Buer.. landscaping, tree cutting an s i e preparation work to be p erformed shall be approved by the Dec rant p rior to any such landscapin tree cutting and sit re 3 atiol w ork in d one . Plans must b submitted for approval. the Declarant � ad shall .dude site n tan lo lines, ou d rivew a ys and arki areas. den ti a io off' trees for which removal is requested is required. Specific ly, hardwoods with caliper o inches or more may not be cu r remo red without the express written consent of the Declarant Section 20. Mailboxes. Each lot s a have o nly one 1. mailbox and } one paper box which shall mounted on a single post . ; all such. boxes must t be approved b D eclarant. such boxes may be p rovided by the Decl.arar� or ildi contractor. Any such boxes. shall be cons idere l an im r eme and must remain with the Lot and shall. be maintaine b the Association. Boxes amac ed beyon repair-shall be replace y the Association at the expense of the Owner of the Lot. Section 21. sianboa No signboard, F or sale, F or R end billboard, or advertising sign of an - cri - � ion shall be i displayed upon or above any Lot by n owner, an b uildi n g � � c ont ract or or oche party with the xcep of t he followin signs, 'none of which may be affixed o a tree Signs stating the nam of the resident of any Lot and the street address , the esi n of which 'shall be f urnished t Declarant and sha b e subject to approval. by Declarant. During the erzod of construction, the general contractor' ign, but no subcontractor's s ign , shall be a llowed, Notwithstanding the ore oin , Decl.ara.nt a y place "For sale" and "For Lea se" signs on unsold lots and homes. L .t.l rn .22 # Antgnnae . No sa elli dishes o similar st greater than eighteen (1 inche in diameter er nor- any radio o television aerial antenna enna r any other ext ernal elec equipment or devises may be ins 11ed or maintained on any exterior portion of any structure er c d on a Lot or elsewhere upon any Lot or wi thin the Property wi out the prior wry. t t en approval. o f Declara Z � Board of Commissioners Meeting 09/07/2010 10 -9 -38 Sec 2 3 C ommon Area Al te ' ` old N o person s h a d. und r't a e, cause, or allow any alter on or construction in or upon any port ion of the Common A , s except at the direct or with the expr written cons of the Association. section Lease of Homes. No dwelling unit on any Lot shall b lease d for , transient or Motel p urposes , nor ma any own l ease less than the entire dwelling unit or ha ll any lease be for a n y period of less than six mo S, y .ease must be in rit n and provide that the term of the ease and occupancy of this dwelling shall be s .bj e in all r spec s to the provisions of the D eclaration, the B Laws and ules and Regulations - of the Association and t t any failu e of any lessee to comply with the terns of such do uments shall co ,stitute a default under the lease. ,section 25. Parking Rightdand Restrictions. Adequate off - street parking shall be provide by the owner of each Lot for a .to obilbs and other vehicles own and controlled by such owner, members o the owner' family or guests an � nvit of the owner. Section 2 6. MD rditv,, -a-vfs-, to b .1:. rv�€ :rk" k:Y +:k rI� - a E i' ..... ' ' [ si�tr* -SF�• lr ".?4�h -'i`= .fir c-, s < "F�+ " -Y ° #'. : fi^�. a, �S _ ,�• Z - .:f >, �s cn , c: z �S£ + "'. + . >w�i- 'a f-is �_ ;.+� {{,� xx � x� � +;,. 'f�s:as w�' 3J { �'t °' ,C;.�.: ��!i. {y.��. �,�'s�� Y`i.s•:.: '' °E;d"s''�' ' a <x ° �+� • * k - o1�i ,L,> :t'e..' '.' * - s 1 ,� :t ::�k # �'= Lam#:%' �' (.' z., #: .r� .]::r, > }r ,,,,E_r' ff:� r?.d..3 aF:.±z #' ��ti;+4 1`{�� ;!: ;. �w"" ,. �:fr: Sh' -� :'_'t :xY'..f `,�=. .k<s,` a.r. �., �'- :P.:s.:�ti >zh��.�` _, •mot ...t �..g s.e �..x,. _ -�� : -_ ry 1.... a. .. �:_ ._.,.ti _.� � 7.' _ -- t�� +> .t'� ART v TH ASSOCIATION . Section. 1. se 'tai io M�ers t ...t °' .,.. w. + k :[ ox `a ...- -: ,:w # f...•> ,� -� =:i ire. >�EK ap ' # lz k .:vr.•.P >: � . o :,.tr...T � to h ''.•.: -x..: :�•�i•x Y.+��£,,rk.�-�g'�� •� '? �` �� ''' { k '^"' �eber�7�,. h b + a� ed from ownership an Lo t. When p � amore d thaw one person holds an interest ' in a Lot all such persons ial l be Members. The Prot ` for such Lo shall be exere i s ed as t y among t hem se de e rll'��ine ° # s # t < r'w` w.# �t i +tk gt_� �et1''_,:t -� o- z '$ _�` c 1 [� a. r z£% ' c i? 3,f' Fo ra rr #I.. .s:<f. e r!•- r. ,4 r, '" a�g�:r� g; £ ' �f 'T •,' a'�_` 4 r z a Yr •.r :eiuc �s.a.xv °' i' X s. e:t l 4 a ti ,t +d�c:'sty i 3si r.$.ii#�'++.�✓�s.ir� Section 2. A vailability... Documents The Association shall �I�r4�rr�•�•� li main current copies ' of the eclarat ' o , th Bar - Laws and other rules and regulations concerning the r perty as well as its own _- • - .*o-;• - �: or�z '`''^4'Ey.vE' . > ?#!�.S..i. .�_� <• -'r,xf ?x, •3''^. iw �`. fir- ;�s.;�.. .�.. _ � _. {;'t .? '�. '<�.. ,w:o''`.` �.��: �€3...# aof':. ;<cx x:h'�.; F' .�' L ,{f. °F::t � <�:,� . �: r : k, zH ... • rz ;.r,�s: • .,: boo- } `�. r14 SY3 , -a k;:o' �� guarantors and tr..:.f ova ab. e M1 �:'E` q { - t i¢ ,}� io�n+.k y t;} { b k .':. <N..++ f��4Y +i of G`rl.:w♦ { ,ia.- i�r.�. -`�" � + a i�f� •t } .• <tr �r4� � �. :s� ]] ��`�` �: 2 .�, }i , „e" �}d:,,�g4c!. ' ►.. y.yk f -.r,. :� -'. � #.�� 4! w.4' ' .: } .: - . yl' o%r -. t _ c � .x. -�Cf o i"`.' =A.i`.F+Ei 7.:�.i ss. ac+4':�a << xSo� •..w.+c +a �.- .gym. -� ft o reasonable notice a d duri noral business hours. In addition, any Mortgagee may, at its own expense, have an audited statement prepared with respect t the finances of th A ssociation. AR ZCLE VI C ON AREA PROPERTY R HTS AND OBLIGATIONS 1 Board of Commissioners Meeting 09/07/2010 10 -9-.39 S ection 1. owner' E asemen Ls of Enjoymen Every ow ner sh have ' right of enj and ea in and to C ommon on right and easement shall be appurt to d shall pass with the title to every Lot, subj to and in ac r an e with the terms and provisions of this Declaration, i s dingy wit out limitation the following p rovisions : a . The right of the s ciat on to suspend the voting rights and enj oyment rights o f a owner for am period during which any assessment against his remai unpaid; and for a period not to exc eed sixty ( day for any infrac o f its publ ished shed rule s and regulations. Z b, The right of the Association to de cate or transfer all o r any past of -t .e Common Area to any pu l ' agency, authority, or uti lity for such purposes and subj to ue conditions as may e agreed to tie . Members . o such ded i t i n r transfer sh e effective u les the em} e rs . entitled o a . eas t a m of the rotes appurter ant t all Lots agree o such dedication or trans and s igni fy their agreement y signed and recorded written document, provided that this su section shall not preclude the Boar. of Directors of the Assoc' a non from granting easements for the installation and mainte ance o se rerage, utilities and drainage f ac ili t i es upon., ov r , r under are across th C ommon A without the assent of the m ers ip e such easements i the opinion of said Board,, a.r `e uisite for the convenient use and en3 o ment of the p ropert C. The rig t o the - Association, with the assent of Members entitled to at .east two thirds 2 of the votes appurtenant t all. Lots, o or age, pledge, deed. in trust, or otherwise hypothecate am or a1. of -its read. or personal property as security for money borrow d or debts incurred * . section 2. ele g, tion,.., of u e a. Family The right and easement of .enj oym nt granted t every owner in 1 of - this Article y e exercis � d any memers of the owner's family who occup he res of the owner w ithin th P roperty as their print 1 residence in new H County F orth Caro . T enant s o r Contract urc aser The right and easement of enjoyment granted to e ry owner in Section of this Article may e delegated the er to his tenants or contract purchasers who occupy a re-s ide e within the - . Property as their principal residence in new H over County, North Carolina. 1 Board of Commissioners Meeting 09/07/2010 10 -9 -40 Sect ion 3. Maintenance Res ons �_bi l i t � .� . s. s..o.c.,�' a.t n wt . #: ¢ wt acre{ n. h - �$ 4 .L} ?r•,� ;/1•'i �7+yF ry.r..a...w+s.o..w+ti.•y.+�.�... Wfo- .,..J <' .t: Ef.�n..�� . � ■ '�7 . �. 'l•.�.+4 �'�:, . .. ... rt ;. .. . ... ': : •' :. :•: ? -:. . { - - f' }+ '. �' {. ». #: 'rS7 :x � .Y? : }7• _ t t. .. �.�, s�t� -�' =� i. 4 � i3++�'''�■ } +�''�' �.} �■1 . �r. � � t {:+* {.. t ti v . a'tt•:.. h.wti�ii �V }. • s { f y 4 : h �+ ■ ■■ma�yy 1.\w+ r r! . :. t :. .i' e:on�. � -: �': . }�i �t- *,�. }':xr..:: "° f }�: `.� :��.. +�'. .�...k}.:•t;: _ s'�... n# s,." � "c't- ;i{ w .:rx � r' v } SC'i�: . ' #. ': s' d. ,. "��. ? :.; -� ..r, W., %r-� .orM '�.�> ��tr� ?` . �z. K +% Ya�;�;,`,p.:S.,Y • �,r`v,: �:t 'w,t %�4. -� > t ��'�: F.G x`C`EkL'..� .�k .'.� #•.i' s� � •.yS:. %);��• §%: M <z:[t:t i�wY tt.. .c:`.sr. # � .. � t . °a { f.d��. ,,.sue.... �e...• h �� ,�' yi k a �'"� �. C' ? �.'� >r �.. {,- r ' � •. ,�_' ? *�+. °.yam..' -a �,�{ ?� {rye - s;.. t o ... .. .try •.- '- -.^ �. ,. � .. �.. ... .:. 9 nsr'an:: •i.fs' ,.. J .e vv.5 , s. w .. .� .: _ •. .. .. ... .... .. i i `.i"..J n {. -.r wl. e. } 11Jy� C. }' r� _'Si +f- s{ +�`+' ='k rf [ .x�h 4 '*.r.W K.t +4f'..'{ M1 �Y' M1 '. e.c -, f:• E.. { !a'r k?: #.q .Fr- F-v.�\ ,n':. �]k ,,w �'s.;s i54K,�. sr w .. �."y� .. eral v�:::.ii:�•.si. .-: ° 4s,.,., ' � t ` :� a 2` + "t.E:.��.r,�oo�: 9 ^�• #,:. .fir r s s •��.o�:le��rs "�� .y ;Y,Yy[�■y�lL � 7 ■Y^i7 �1 �+ y�+�1 :�- 1 F r . C + 1f.�1 Y , " }' '4.r:i'1,\'. •'' `.- Ff y � .w `r , .r.' y+4. ,. a',+4i {-,- , V ., %. 7Lf 1,r h an '.! .., : � {•<.k•t',x�ti r�.r�„ -, vy ^, �� .-- 4�vF..�s�w �+5.� }::r v '� `"�'. - �2-. ` # . �� x. ��k { v responsible for � �a � ihg rules and .atins governing u ili ation of all Common Areas, / Association s all be :'.... f: *t , . { ;..; #1�rMYwyJ i :h� i, . ': e ;/''�1 {{�] *L {� 1/r �� ri•r SliS. t�"'++s[$'t.. .F �k ,$6:_:- ..�.o-rte, .'tM1,i }.y; s, s 'f,.o k f.>' {.. _.t V aLi 1J S . Y e t . ky s 4 ru< x:: �c >v:t- '.<, ^<:.� i ...rr.. /// Map y�. �,iL.L �` H� v�:z '� ?cti?;;� s�x:� {¢ 'f' " �' 2 tYb,3ra' €: "�� '•°,< � '` * '� bec i X44 su bj e ct t o this D eclaration_ o t xt nec the A s so ciation ilia employ perso y nnel cessary o p erform it obligations. f The specific maintenance and upkeep bli ations of tb ' e ssooiatzo w ith respect to Lot incl main e'nance of mail boxes and p a p6r boxes . , Boxes d amaged bey re r shall' be replaced b Association ion at the expense. of the -weer of the L r Th Associat sh a ll b e no ob - 1 ation t o maint the ex terior of alb, ' s but , o any o ther i o V m nt o n a ny L ot. The o wner of each Lot shall have an of * t ative obligation to maintain th Lot and the exterior ap earanc F of all buildings', structures an improvements as provided in A . r � icle IV, S ect i on 18 hereof. f tion Pr�i at Rig - of wa . As is ind icated herein abo the Private Rig of C ar sh 11 b dar ' of the comm A rea unt same is accepted as a Publ ' c , Right-o -way by the state o No rth C arolina . The Private Righ of - h been initially y Declarant construct re i t b e � for the use are benefit o all Owners,, their guests em r' ees tenants and invitees for the purpose of ingress, r�.s and regress from portions o the ro to p s . ree F� s by veh or o therwis e. - 'ex he the in lu,sion� o the Private' fight o Warr ors 'the Map. nor t ,,. : � -... �. cat i n of-the Private - Ri bt ' air for the use - and ben it of the Owners shall be construed to b are offer to icate the Private Ri g ht o Way for public use. T e. ssociata.o - shall , at its own e en operate r e p air , maint 3*.x .. an r` Ri p � t r'�rlct � Pr'l�ate o Warr, i all pa portions t .ereo ', all curb and gutter irrigation systems a all storm drains, sanitary ever li ie f an other utility. acil ies installed therein n or thereunder all street i and re ted improvemen a l landscaped medi s th until same re dedicated icate for public use The Associatio shall aye the rig to establish rules and reg ulations g overn in g 1 Board of Commissioners Meeting 09/07/2010 10 -9 -41 the use of the Pri Str c ludin e speed limi thereon. Not fore it shall be mixer' responsi o ma nt �` t aid � paved street porti r hat portion of the private Right of a between the front bo da of the Lot n o f the Private Ri t of w ARTICLE VII 'COVENANT FOR ASSESSMENTS Sec tion 1 • r at ion of the Lien and . ........ P ersona licr of Assessments. Every owner of a b L acc ptace of a geed therefore ether or not it shall. be so. expre ssed in such creed, is . deemed t covenant and ag ree to p ay to the A Asociation co }i •.1 _ t+ s �F A' {' ,. _ „{ > 'S' ' �/ �+ �',. o h ar -h e s -- �k# :' 11 c'< �/'�•''• /, Y+:?i /:: :.'r� ..rX <y 's, r. .�.+ V-4�: }.'o �1.1Y•Y1 fC #'. *. " "{'. '.: :' ,z{t :: x�;. d'Z..• + +, l:#k -.. r'' '�� } o: ; , f_j '.vti ■' ,^4 ♦ '{1.�a3: k . . : , �#k Ctf. k �: ti'. .. �.';#. y { u l' .A k.Y�,. v°kr' �.. ' '^eFfi - '"' a:;. s:,� - 'r� ? {.,C .k . `:`,".y xt {< •:. .} ..;`:kn"t �:3L:' .v. .t;{' ?'�,°'�ii'6_ � ��''`:' c'r 'rx` '3`: . .�_ �.�.. � '�r�+QP+q -g .xiE..r vS}r :: t : #.{. i+�. s•�t '. v. w 5 icr w•{+.�'G�:. {.::' ��o- '� ,ks :.�}', <+..r•+ *'v6.'� ..t... ,,.:. '# s 'FC1e <- ; ' s�'. ;'._ .: . - he , =° i i L } .f M M1;<Y{t ' <�s�. ri . s•v........ ,7. i 'Y . }... t..t. __._ t•' t.. .. �'.:. .y... xk»vi: . { 't a'v' ol ,��;:•'....:' vr• t,r, - {<`: % . �: .,.�c �t ,•� 'Ya<�, nc^r:t. x< `]. ><' "� :" •r,•'xs� t r .`. 'b w ,f. � �}y rS ;': k.iw.;'..hY•.. �'�'F "si%rwE'�Fh .. k�`:s -. ^ -: s �r,'},�:�.L { . - . V 54R ' - 1 # 1/�'�Yii��"yi �/-'^� .! Sb.:.�. _ k4. +j<t - [[1��' {.k ', 5.+w.1.N11'y� M% {k �Y:t •]�I� ' {. xi. ' •et, { ". # + f," .,. i',. _ C ... ' , .' r'. .$:. ::,4 ..� #'t .<+.{ ":' x t� ;- 2".•: +. f.. .w" __ R" K ° i+ t�+' r,� 'l4 {'. ft s f e { K t ,. "t :' _ � � .as r' { .� . -: �' }v. ..,. �..st:k: _� -.•' �.'r�+ '. ' .' {+' .� .. ryoi:: < , .`>r3`� x ;::6i.' r_1;�:s': '. :.i�.y^. >`•:�f:.:th. _ _ - . s �f k ,. �f.s.. Y �. s;�z: }�- ,s'•kr }'.. wr {:soxta. -$ 's.r {: �?+ ��Sa; ¢'a:2 # -Y' .ice - �'.. �z# - r 7!Sv.;3. �'`.. ._�Yf'" ''.' •.x�"� -' --•.�# r' �a�g :o�: _ spa. fi •.. «: ,t x�� W.S.L'. f. }' ,tt #i.' {.s:E^F'+,tiA�E.� {, *. `i- .a�.t. �.� ,+„r . •., 14 *.'.R Y' {. y : "C., v y '. L }i1 �fy ;]J i�` . {:n a�2•"• et t ? �� W 3 +4�ro'rY i��X f x{��. x.. � .k t_ � ,.1, t... Lr.. x.o-.✓�,:ty'f s - . '.: _. +} ' '.. "._vt v.s.' --Miry x, , < l £ }`t5:; ::F#�.,.itlar Kfe x t {6; r.� n:${y. ts..+t:z >�. c.o- $.c�' a ' - f.3°`.= 5 >r %� { 3� t o �r'< xv.'3;,',,. •r �:/ �.x ` R .i✓r.._ s"' s. �_�� ° f'. :�,� Sf�;� }. a ,w t _ �? . S'rx.,f _ r' > x :E� ki-x ,, z {,.t -. ti ;.trx z.. ?�%�. .�Y.. #�� cw: �' _.r•' ^k'�� "` tr. w„� >:' .. x.ckv.:'x ',act's' a;$ }e`. i�:. �'' .,ft �rr*;.r .�.',P,�5 #1 x;i. gqt kl 4 k 6; =' #�. 3 { £'rl{" #x, f - yx x'z: y.� ,e. ct ;:. t-t -x g, z• + -5„ .L { .� k'Y ` x F tom. ar xw fit.. P. ,��...* }�ts {::L #._.$ {. xJV �i.rtGE'M i�� < .x . sr {. a c hY m ete M r • 'c . Rik t Fi�'°F st_.,m, a'. #$# ''� # 'soz + x . } .J with inte're t .o'. z {r f #. attorney fee , shall also be the personal or corporate obli tion of the person s , farms , or corporation(s) owning such Lo at the time wh th e assessment f ell due, but such personal obi. ` ation shall not bet imposed up such Owner' ucce ors " n tit unless expressly assumed bar them. w. t ,et ax a t .. t: t_ }f: f xt _T .... °eg ..'t .r.e.' p �; %,vk - ££te=�s t� �r + F++y,�.+'.*t �+. {. cle 6. �'c2,... 5 t ,a x #r.� #1..r;•.�.4 �1yl�f ✓.• Y� *S }t s We+ 4 / x M1 ✓ C ..'f: +rtF w .i{.P,YL . +L9 - �YL ..y'��. °� x+7.,kr >•�s'. -ax .R. ••a:t }:.. w r ..dw -.... ,«.. M,frs.t�,+,r -ta. �::+�`.� `' Art. �Y' i .•�':�' 'i. }. s{ V �{ #tx ti ��•� ..M + { {f +t > {4i ` # - ?', a •. } t . �_{3i �'. ry "M1. f: z: * • • Vie., .' :.'.t.. ( -�� „� ,r�, °gin n: #:t ..��`�� " -}.' ,' {:,. }• Y#.{„ w4ti v{. iY:.. �::f f o. #✓.<...,,. ri} ��. L; kwx:, ci's..i *�+li- �i•s.'i.�.'i:`.'�2 �J:'o.'a�LSti��.iif:uvM1.,�,:.. tt �} ,iit�. `{.Y.. , uc..'.... .: .a..mx�:t�s: ....n.' -:t r..v . -t x.3 - ...#..." # :fv's'M ..z. _.{ , � .A,r :'.a: '4i ccto . i. {. �}'a�.� .:. ..3xt,y',�j:.. +- i�a:A'w✓: rsy. �',p4i. ',.r<: .4 t xt �"v'i { _ {. < "''.v ti: .' f' .:. ' :* .' .' ection 2. u se of A !rve � f v { =: s .e'. :.fi f..- ,� {.. r jt.; {,1! x k' s. - .. � : "ff. F'( !; k,.:' #v ^ t,.t, s : f :T.•,' ;-T # .�, :�'. k vax := �5'��"' ;r -x ,.# * ::. } M �P ' Y #�'x� ,'s " : :� 'v. .a�= ie • �'r,�." f'.. 't �y4�. x' +x h '- M.'•.t _ ' `; ou, .... ,.._, �'� .',X !'#:iii .• �'. ��.' < } #- L:' s s!"k S�.',. �'s't {i x�. gs'. s. '. " ,il Y' i k�_ ��L��33's�'t.'Y "ti.w . }s.} =. �. - 9 , C._ + �� u Y' �:i <;: ,.. �: .�'* �{ x.4 � ` s• d � {..��^ x,e.t F #..8 ;' `. 5.. r�'� -.cv `' ,tc •.'ok'' #�" ��o�' - #.kc��3 -� �' x�;+ { s�:�fi�°•;�''S- i � �k - ^<c� a ��'# '{ %.E-'' `'a'S �{ k: �: ;i .y`:�c �: �:. a`i �`.$. .ttt,,'..a -aP �. .- tf y,.. t:"; is�''•; >:.'i. ty g < �. ..;.,• ■�_1.� y!1!�' -: +a i .c YR 'r" €' o r ,}cg c:. :sF x' ^: {n 'n k. <` ^ ;:. - {.. [ 5.`<, s., * , ...x F ryiitt M1 { a: •' J +� - 4 � V x r-.YS P a r{erc,.. ass + stet s shall also be used for the acquisition, i ovement and maintenance of properties, services, utilities and aci ities related to the use and enDoyment of the Property the ofs and in part icular, the C ommon Areas.. -including, but not 1' ' ited to ; the cost of all �- repair, replacement and additions t er' etc; the cost of ' operatin g in and maintaining the Private Street ; the cost of la' b r, - includin the cost for providing a.guard f the guardhouse i f a guardhouse is built by or for the Associ n as a capi i p 3n rovemet' with a special ass . as provid in Section 4 hereof; eq materials, management and sup vis ion thereof; the payment of taxes assessed against the Common yeas; the procurement and maintenance of insurance as permute or required un der the terns of this D eclaration b r the By - La ' , including without limitation casual insurance o the Commo Area, or an y portion thereof, general liabi insura ce wi h respect to the Property, and direct 1 Board of Commissioners Meeting 09/07/2010 10 -9 -42 and officers liability insurance for /an ors and officers o :..... the A ssociation, am or all of w hich the Association is hereby *e pressly authorized to obtain in such amounts as the Board o Di rectors shall teem nd reasonable; the employment o attorneys to repres A ssociation when necessary payments of principal and terest on funds borrowed for A ssoc i at i on purposes; and such other weeds a may arise rg r ion Initial Ge ne 'a l Ads s m rats * �:L,a�.r..s• ^1' *`c:` csr• +..ar y::�.si.L.1•i ;s= a�r < �. ... <iiw��.' -:3c -"r �\ } {{��r/ }v JY �wrt .3../.'� l � . "''�.. ed .. o r . t:.'r;h:; "V .y�riu:': >'y ;t �+o'.`..'•. �, ..r�4 ,l,�k}J¢� .: .x ' • : , r: < ;,p; '} �-"'c {' :'C «f X35' '.:�< .. ?;• �.a�:'. " -� - � E > n 4 _ e ya:+ � .,*. .9�" v{ a mo o. :n.. .. x':r '+ °��,� 'a {: ��:'{ •: c- :S. }. .;yak r'Sn '� #. _.`r�#� -#�j, a.i��t '��'`: ='Y'' . >`, c'a. >.��. !•�:. x ?+s)J' r ..�+ .c �.<x:,�: 9.w -d, " - - :' . {`.7 �'c.. ;r y.r ".r��; .5 �. x r. : ;..,n. tin x'�� 'u <!k•.y�$3 � r �y ++,+ .�+y }1 �1 -L� }�J �l--r J .�r�y� - .�x .•l'?!•'. ^�f.,��..: ", `�:9.o�s..�'r:.S-.' ?r z : s .J:.7•.'. t'ii41Lt'•`:.•a4r:"i• a ,F F4 .4 J.V :• uLr -•x.:: Wrz «s4 r 7 :i.' •i1 . {v � ��' • a b. ;z:'. -�► �t�•• at" .o "'` .�# .¢:.av 'r ,:' .{.'".4 vr...�d •�:r < . - �. ..r: .x { i�' `'��`,f;. '•a �, - ��.. .�}:, � .,# ..�'f, ': x�,:�° .r' �°"h - { ',�•� ` +„�, �'�. `.i °r „ € ". +:''. !�u;$ � .> 3rr. r:�� ^�s x�. 'B, * r " yi ' # - yw >w� -L:�r .,�Es��Yr.,,_,l �w , r��• yr... .: ;�'.'� °��,: - �r" id. "xr,�.z ' T ii .;a... .. ;c > %:� #, rv k: >'Jt ,,.�.�. � .. �:.� ?.a•v } '�.v x: mot: {�.. ,�.::. '4-�•. " :wy •`- ��.cxiff = F� =r. :'t: ' e` . v ry "� � a �: 5: r a.E rte '�r.� <r '�o-.r.��r. =:; f'8" �ta�� `x`v` m�''fiv< <' .� >:r s:'�' �:� :5 ;:� %'?�' :�t <:td. .�. r 5 :,a .cf'��.1` iz x . ;` -S.`” � .�'s'.:: o�•r otr : {. g. '<st , r . r"�` .:+��•trt� 4^o-*Y. Mw. ,e sv ?" .x. gsai�" �L, 'aswy .#.�. 53x4z,.a =rt:' b(.- :6. <ra., r. �<r ='��.trt.�o•"o � "....;` <r,'.' < � = Z%. -+c. >< . { 'r.: . �'�'�. < y$�" :.3 l<3: L'�*'o-£ 4 i aL. i-¢�' ^coo- ' ' :.r:� . .��'� i..' e`.� > i R�v. X '°d <�'-?k 'rx' i �-.,c�.. � ^. `^''o- "�' ��`�°•'`f : �. {y ,�r ,� ` s•��'.. # genera. assessrner is ... µ me at ur i t ` + }. V -' 1l Lots. Section 4. Sp ecial Assessments f C a pital Imp rovements . I addition to the annual assessments authorized above, the Association may levy J_n any assessment year, special. assessment applicable t that year only for ' ` p -r o e of defraying, ire. whol or in part, the cost of any construc don, repair, or replacement of i any. - common a e it s private � Lility faciliti or capital improvements re p a yment of 1 , Pd m ebte ess . or interest thereon, borrow o f fund t r p erty com w i th z on i n g or r �4 borrowing of mone for .g a l improve tent o p or mortgaging o Associat operty a security for loans, including f ixtures and persona. pr erty related thereto,. provided. that any . such assessment sh b approved. by no' less than - a o iy of the -rotes of the :Members of the Association. All specia. - assessments shall be fixed at. ' . uniform rate :. �or. all Lots Secti 5. Working Capital As sessment. At he time title is conveyed t'o an Owne by . e c l arant , the One shat 1 c ontribut e to the Association as a working capital resew an amount equal, t o two months dues. such funds shall be used r initial operating an capital expenses o the Association, ch as prepaid insurance, supplies, an furnishings, fixtures d equipment orr the co'lo,10n �. areas, etc. Amounts paid into the w rking capital fund are not to b e considered as advance payment g eneral assessment Any remaining w orking capital funds hall become part of the general operating funds of the Associa on . Section 6. Notice and for A ction Autho Un k` c� t s c L,r i �F � - Nrt 3.+ .A8- x. s: .� ,.r �' 6 x 'wr' r�� :.-.. ti}Y, i.. {:¢ '" ,` "' . :7':. • Y xw � - .t n r� �� ;�� ; r�lylae�dx��: �,r. �� ` � :�:..o � w« a. i .y°,,a. .k >.:�� .f: F� ■. :f . A. .}"`4:. s +.•:' _ { >.y }� x � - >.r_.: ;. -> , �.:.r -' 17 k ;.. awa M embers, ,, a• J i ' f "t v rt Ir. '% '. "' '. $`= ; ?yc ,.N ..-�. w . {. < z�c�..+, o.. � ". °� F� ��.. .f..v �.A the .r such meeti x x. c 1 Board of Commissioners Meeting 09/07/2010 10 -9 -43 . called, t pr o Members ir . }. �. .* .. ; r r o n x =+ .:�t r w _. Y f the Lots or } of persons h olding proxi entit to ast one-half V f all the rotes curt enant to a 11 Lots , -,� }-'ri the re r quorum is not p resent, e uen.t meetings may e cal subj ect t o the-same notice req re ►ent , until the require d quorum is present. No such subse nt meeting shall be held more than sixty o) . a rs tollo 'in e pr eceding meeting. S ec t ion 7. Bat of Commencement of Genera As Zessments and Due Dates The general assessments provided for rein shall commence as . t each Lot on the date of conveyance o each Lot to .n Owner other than Declarant. - , v � o - rn �� •• } `�, ' .�i .ry6:� 3• e etrt ='?. - •,: •.x '.'. . '.3 . <. >>..: m r�'.. «Y �. +�+�- � + :ixr + <: . y " i�'.fw�5 a , 'romv:.' an., }� .. t - � - ' Y.: iaYM1 #' i * as F!:�Lirh.+F. h x�. c� t >�r.St' -.t,3 ;r. ✓5 ' fi x 3: w= :� K �'Y., {Sr"a.• rt� t•SN•.J'. C � F�t �:r{ b+s.i- - �„ xtr.u{ . a ckt '.J.. * '°*'i:'• ,;y ,f�� s�E- r!!',y f':.' #";. .. fi l+t kr- £�'. ''i :a.. }ice gd� ;7,; The 5. , d c:e' :'y �' �. ,�. s�Y ;� .:o- �° � a��Fac a✓� x� '•i:. x �' ,,;3�., �-�- ,s ice. .r.:< j usted * y � according t' th � number of months rea n ng in the cal a' year. The Board of Directors shall fix the amount of the neral assessment against each Lot at .east thirty 0 days i advance of each general assessment period. Writt n notice the general assessment shall b sent to every Owner, The due ates shall e established tie Board of D irectors . The +Bo Directors shall require the general assessments to e paid at .east - annually but may re ui.re the g eneral assessments to be paidmore often.. The Association - s all, upon demand, apd f or a reasonab charge, f ` is'h a cert s igned by an fficer of the Association setting �ort whether the assessments n a s eci fied Lot have en aid ;. - Section, 8. Effect of NonugLyment of ►s es"sments • Remedies 'of the A ��l l��ri s + t,5 t t: �'.L't: � ." C'; ■i 2{'<t *kx�'v;,�r "v4'�f it.:: > t '}: "d• yn.>t`. *:: w.!\. .G t o xa.t rv.t -er "'. �' .�"]�'✓ j e * >. Y:ar.." ✓.f �:.: x..}f . "t.k.., �' <,: �� " J. "} "w- `�"x s �• .�' ty.:; "<.. ,K, ,. i'. , .,:'`;; $ JAY,. t °. •r::.-. � �.:. .ra ::: a ¢.. . [� £ £..:��4n.. f'3�y�� '` =.�.e •��'� � %s? s:�� .3 � =., s$ / s; }:' r�K ti.. - y « . .. ;�„ �. w r�:. r�1 ;r.I''�' ^ .'�i " .L:w�°'t - '��Y�'. ner `t }sYt � � �rc�- I�Wr sa' <� ,. s trt x g ` l j .- I . o ; '<'' ,a:dy: �. ?x.., »33.... ,C:�,�< .xrt{,�J'J�•.-�':. + .f# ,:`z5 KS,�a .� >�3. �'• t#^�a •o" %��a`x `�� r �of�. 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' {'y`.'�'S:sWx�lF >. x 4 aY. >" - �,�: �£ }att :: n•r *2!,Et -` .r, " +. k�a�a: ✓} ' #}�, � '� "'_ mk - �._'.:s. � = : {.its• k. + rt .,:xw F r'1F ;�,`�. :. s g � 9�Ct<"4' f � c`' 'i: �� "•',',^ ,� '�:.. �•- f:?�. ,.n k ��' } S ♦, lk f?' r {A/-_ 'JS #` �1/'� t5it , iff'n e,'J* ` + e's z; .! .Y �..rtYw w.L {. .Y } �'.^ >aw KK 3{ _s r xx '€!• t :r.,`' :, w.S�,?` < "` ,3 �.:4'£. :w` 3 ';� :?s`. v .,:a?'s'. Sfa _ r�`�ri. wr: �d rx x.,�tq#�;,Y;' _ � T Wi # "" F ' ".r: i ^a•> �' _ -me r � y 1 oyL i J �j 3 t! +�L1ry' s,-Y _.F..a} L41~4'�J.'iM15..+4Jw:'� ,Yi. 3' " s f.'' Own er may wa o otherwise escap liab � � ;xf ;$� --- e �a� � �tr for t `�ssets rovi ded for h er in by non -use o C ommon o on Area of a o onx ent o his Lot.r �} r ec io 1 su or i n [/ ] 1 ;f+11{ \� +{''�� ' 1 4 r * i i �+1 1 /r.f L/ i 1 �/ r t 44 °` {x s # ' i . � .. :' }w. r.:..,�r..� .[,.. i" .�� # � �'... .,':w e: ^� °.�•', = ^trc t `.�.. }:.. f #.. s kc, F�: .:...:oka .i + f t %�' r. f r�?'tY .C4 -ray. "�' * i.k` 1'. : r ..i� =�`' ,.6{°• /� - �.r..�v �e.�n s�a�� ;�\ f w .fir t � -t`'� t {: YY 't .L �:.�. - ..ter � --f 'y: Sw +� v .: . L+rs s .e s . y,.. :: ':::.: { ... :. �. sent{ � }_ Y K s N fk 34 3 �.� = %.; 3 # Sri }'k• act•,. s . `3s .n.. �:B. u{:Ll #:• :1, .,, y h,.Y:S .tik Via* .fit z :'c'v'.''; -.' #M CsY -�sS N,u ,1 ;oF+- .o4utl .0 ./: £K J .C. -y:' '.3 �;t;x x K # >�+.: }a` 3 °'it�.s ifft #•- f:�:� @� -�'f .k: �4,. v'i!K:" iE 'ei°; �,rsa��"cr -v w-- #F;FSrc�. � .'x :F .'a .<`�= ;':: �.;.1 .z3 >.t � .;�.. .: > = :7 .k ,•�:. c'k= .x.f':r >¢ ><. �`,.� .. 5. {° d3 >•`trs �:,xk:. .. ^Y �'�. 5 ':��- `z�,#. .��v "•.ta- ;:...zVJes .�Rx.ti % >E? ,:43:+c��.c��;� ,y proe F, t:ta. ' "Y <ei otk ^ s' - . .z ; -.r.` .xe.; Y:� :. #:'.zw <�;: >d.. vs. °�3,M1''u '..x :.:x�•'r "�. - .a .. �, i #L#, o;r.r � > •rr. L'.. <.� .. :• ,�,t! .:c�`t 'V #a '..#" �S<•• *a :.�'? {F`'3� " `: ° s5. £C >:r.•.. :�•¢'�'}r'..:5*r..i.. . 5 . , .7` °:`.:, t�" >�.. �`t�y.9 f. r4::�', -�xbt :.a< rc 'a. .�7:'Ca. 3'�?'i�::: "2 k't:t'•..:[.'.c: r. . }.- � 1 Board of Commissioners Meeting 09/07/2010 10 -9t 44 - ■ .. - -rt _. E t- .. s� a. ..x.r - fs t'• r f> .. : �� ?o's r%�� f ry . .�. t. ��' {.. #. M1. ' : its xx � ¢.w� »f. 't" a {:M1 "' ��h: � >:�.� �:��.{�}� =��_ �� . ti'4� �N;. # - 4.��F %EF•. ��.+�,.♦ Yt.,t ,y. }r} - Y, , "�' ,: 5'i ,1.ti': :�� - _�: x '. .xb. l � R t {..;ry .. -}`, :;:1 °t.t} '::. �. °hv: p rov i d e d f or herein shall continue to be subor i at to the lien of any Mort Sec �L. ■ iiLt . J� f xs xx L kkx * '+"�� + : . M "k'. rnry� ��ti ry ' r.' .'Yo- tt.t a ? �'ir t�'y;3- '#�c.:...ryk8��t�ck: =� �}. + }°`�'- . "�t,.• - >�.r. �: �-F° ;a E� t � ;.� # "' _, # >' r;1�:�z €i: -� x �.:,... ✓..� r;.t s. a. .:; :.... .. =..r-o�n. xass�- ssen�.t: - : �t- ��- :��¢t+.:o��ons�.�:rc'� a.CC- •:�•t -.. x....t.., ...� :•k':9�.... �'� : %'. : :�" �F �: ?' - �. - r"«= �%o-�r ? 'r w;is......... �.r� k�•�Y'':.' n,. w ,F ��. f #.. All x.x° >sY �. x � '•.,ter'.. *`w. :. %' -.. pu blic authority and all p r erties owned by a charitable or non- p rofi t o rganiza t io n exem from taxati by the laws of the State of North. Carolina sha _ be exempt from the assessments . created herein. However, no and or improvements devote .to dwell use shall be exempt f, m s aid assessments. ARTICLE VIII eneral Provisions Sect.Ion 1 ■ Enforc6ment � t' f. ': # .'-' { { .�Y��s. {£ € K" � Y'': .f•t� k. 'f. fi r'r erg. a .{... wren. ".ntheM: .. ♦ ; f . µn;}_en or c .. }< : t'k , W. i. ,¢�� ,C. #J".�� " .��. �rte '.�{ �� :f {.■,V . < .r : •:k- -: fr"ts- °' ; .•.s , Jf,u .a^. t;'�s': :'a:x�'c'`E;�> = . x t: k,. �_ Ka °s'. :�.� 'S,- . ':�:o Sr'td �,C k? c � .r"Y��+ t� T5:2 °-' ,rtSf ;^T:: > Y s Kor. >'d�x ?=: >y.�f =;:- ,e °: � , � ';s`s, *....,r� s �` �r n:` >:'• := s�.�t•�'i,�- t,�a ! •Yt.- � �'� <'s' ,# '• � x' r� 6 �., r aSSi..Yt {.: ?s o •-:k. , � , ��o-: �.r�- r#'':2'r'^` � � 3 a.P ..S' x >.` � � =Awa �oe4ri '- iit�•� k�i5 ra.x:�7 �l�'.. - `fi •'xo �Y.:3#s�: • F � �^br:_i� �.- ^��.•oY�+�rs��iv�" §S�r . r�. v+�,�o�� :c Y- � v tr. . .. ,�r.,: .,f,w is wa « : "�`..`,}.� �s,:. �..�. -mss - , #, ? i^ ,g .'kt - �`:' 3 { " { e r 3 J * "c .M1 2 a �'� v i 4. ;i? :S} # c I M. P -0 S: is ; ' zk4 r h. { x �:.c � { 'r �'{'` {.{ % � f. �. k • i, �,k'.F Failure b 'such arty to enforce any such covenant, condition or estrietio Y herein contained shad. l in no event be deemed a waive - the right t o so thereafter. Se ct i o n srerba.l ter nraati o any one the *'- covenants condit or restrictions f this Declarat b u..ent or court cr'e . . no a sect o the other prove. i o s not express held t be i. And such rema inin g p rovisions shall remain in full force and effect . Section 3. Amendment, The covenant , conditions and restrictions of this 'Declaration shall run with h e land and bind the Owners of Lots for a p eriod of twenty o gears from the date this D eclaration is recorded, ate which time such covenants, conditions and restrictions s ha 1 be automatically extended for successive periods , -u. ten 1 ears unless terminated o,r- .altere l by a vote of 'seventy. ercen (70%) of the. Own ers -after the expiration of said twenty 20 year p eri6d.. This Declaration may i s > t ?' .'k�@ r�F'� <k T�:■ u.S,.:, -. r, # �: _ Y rid'; ■ # � .r y� `x5' �` ": �� s,o- .Y. .. {. #.. � f�'L %' .i r� {: "4k �-�;. .'z'a ,f. • "'itt- ,.�.^� F � .. �:.�:.� iYrz ?�::, i be .'4w�lc' t ':�.� t'z:- co-��w4� w4■t *+ 4��4w4$4ry ,,``��44'�° -. 3 +{ac' Y.. "iA�� Y'x^� +'�"�j� #�'�,+�+" -�- f ° >3: =:i sk'i;: �i�,�:�r..: ti.- *� .- .- .w t,x ..�!?.z�.�ti.�...,�:ai�#�'�+ •Y� '^'�(�+ � - �+ °` �. �' t1Pb�Y� Wry+. �.- "�' � 4 r.� -.�ao c'• +.K ��=- :k.z3r '�. >� '+�`' � ': `.':� #� . cq$�.�E.:;ttr:FtS,< f <# - 'r�^.',•:.c LL - '�"' - ;,r Y 3.� J 1 y 1 ,{ .� y + �- : �. :, t #: {w`'ry �+- -' �1 }� :p1 }�. > - ,.�� ft ,� s�,�^" ,+r'�iJ4�4J1:.4r':.5 Z+ :x+'� I:xC .�- � FJ } ,+- . + #'' " 4 o'�3F+ � --.r _ $ .e x t r .rt: t 7 >} ;,�{ : k the after re instrum {, r # � r ,rt. +'. ..St .�.yc y�w:.R 7rxtY. �� Q#t. �'. � a sine ty percent 70 the Lots. n� a en ent u t e r er'l. recorded. For the purpose o f this Sect ion, an addit i o to the E xisting Property as provided in Article I, Section 2 ereof shall not constitute ,, amendment , ". Notwithstanding the fo e oin , Declarant r t iris the absolute right 19 Board of Commissioners Meeting 09/07/2010 10 -9 -45 to unilaterally amend this Declaration in perpetuity for purp of ensuring ongoing compliance with North Carolina stor a er regulations pursuant to Article IV, Section 15 hereb . x Section 4. Ad ditional Trolperty. In the future.,,. .t .re,,. :: the Declarant may or may . not develop additional property in t. e vicinity of the Property. I such event the D eclarant mqy, in its sole and absolute discretion, either annex such additional property to the Property r y recorded instrument, as her in ve described, in which case each lot -wi the annexed area shall b c onsidered a Lo hereunder, or D eclarant may separately impose the same, additiona or lesser restrictions on such additional property or may .impose no restrictions whatsoevef on the devel pr ent of such additional property. Nothing herein contained dhall e co .str�u�ed to ,impose any restrictions n cr easements in' any land or property now or hereafter owned by the Declarant, rant, .o Ot'her than the Property Section 5. Waiver of Violations. Declarant reserves the right, but shall nod. /entional. lic ated, to ai re in writin. any violation o the designate a approved building location on line or either side Lot line, pd th such violat i,on does not exceeded ten. percent 1 e applica le req irer ent and the violation there was nin section %. Preservation ors e a e and Density Transferabi � i ....... ... D eclarant shall - preser a minimum of 3.121. acres of open space w 1thin the Property a n .... shall 11rait development 'to 52 residential :..:1 lots. Declarant res ves the right to transfer any unallocated open spac within he Be lle Meade Plantation Subdivisi t increase density e se There within the B elle Meade D evelopment Master Plan.. sai 3.121 acres of open space may be used for general utility a drainage purposes, including retention ponds as well as for rect a.tional purposes ' a .d any other purpose as my be allowed l a . IN WITNESS WHEREOF, the Declarant has cased this instrum to be executed and sealed as the day and y ear f irst ab ove i t en 20 Board of Commissioners Meeting 09/07/2010 10 -9 -46 ala de Development, ent, LLC (SEAL John ala Manager STATE of NORTH CAROLIN COUNTY of NEW HANOV R A tlantis Holdin gs , LLC B .01 42 L M V ( thew D Gioi Manager I, ,flan M. Solana, a Notary Public of the aforesaid County and State,, do hereby c ertify that John G a l arde, Manager of Galar de Deere 1 o pment , LL , a Forth Carolina Limited liabili company , p ersonally appeared before m this day and acknowledged the execution o 'the foregoing inst wnent on '' of said limite liabili Company Wit ness m hard and o t a r i a l seal, thi the. 3rd clay o f May, 2005. - Notary Pu My Commission Expires: May 30, 200 ( . `I X ,SEAL ) *' 0 I N . ST'S' off' N COUNTY NEW HANOV ore 01014 I , Al an M. So lana, a Nota P of th aforesaid County and S tate, do hereby certify that Matthew DiGioia , Manager o f Atlanti Holdings, LLC, a N orth - C arolina limited liability c omp any, personally appeared before one this far and acknowledged the execution of 'the foregoing instrument ent ors behalf of said limited liability r o o pa r. - W itness r hand and notarial seal, this the 3 rd day, of may, N Pu My Commis xpi : May 3 0, 200 ��,.A- sc) - (AF FIX SEAL) e . Z . %0 0 4 1 Board of Commissioners Meeting 09/07/2010 10 -9 -47 EXHIBIT "A" { Beginning at a exist iron. pipe located at the S outhwest c orner of Cambridge Heights Johnson. Farms Subdivision Phase 5 as the same is shorn on Ma p Book 42, Page 306 in the New Hanover Counter Registry: thence North 79 degrees 0 minutes 20 seconds West a distance of 237.40 feet to an exist. ing iron pipe; th enc e s outh 7 degrees 21 minutes 55' seconds West a distance of 6. 1 feet to an existing iron pipe located at the Northeast corner of Douglas H. le in er and wife, Sabrina D. Clevenger Tract as recorded in Book 2411, Page 0830 of the New Hanover County Regi thence along and with the North property line of said Clevinger Tract North. 6 degrees 41 minutes 48 seconds West a distance of 665.33 feet to an existing iron pipe located at the Southwest corner of Stephen L. M c G innis and wife, Eliza T. M Gin.nins Tract as recorded in Book 169 Pages 04 tru 04 th New H anover County Regi thence North 00 degrees 19 in tes 03 seconds East a distance o� 181-72 feet to an existing iron pi pe; thence North 10 degrees 15 minutes 26 seconds 'hest a distance `of 42. feet to an existing iron pipe; thence North' 66 degrees 02 minutes 5 seconds East a distance of 10.0 feet to an existing iron pipe located at the Eastern most cornea' of Richard D. Longnecker an wif Gail S. on pecker Tract as recorded in Book 1507, Pages 0 716 and 0717 of the New Hanove County Reg th ence a t on and with the Es property line of said Longn cker Tract North 09 degrees' 29 minutes 11 seconds West a di of 21.16 feet t a poin thence N orth 32 degrees 36 minutes 51 seconds West a distance of 66.14 feet to a. p oint, thence North 14 degrees 3 minutes 5 seconds hest a . distance of 28.38 feet to an existing iron pipe; thence North 35 degrees 31 minutes 43 seconds West a distance of 51.43 feet to an existin ,iron pipe; thence North 19 degrees 41 m inutes 02 seconds West a. distance of 103.9 feet to an existing iron pipe; thence North 1 9 de 11 m inutes 49 seconds West a distance of 6 3 . 05 feet to a point; thence North 00 degrees 5 minutes 32. seconds Wes a d istance of 92.97 feet to a point said point -being the Northern most corner o n. said Lo necker Tract thence along and r` i th the center line of an exist in. . ditch the following: North 66 degrees 53 { inut 5 seconds East a distance of 202.70 feet to t: a 'point* thence North 53 decrees 30 - minutes 35 seconds East a . distance of 53.47 feet to a point; thence South 62 degrees 59 minutes 55 seconds Bast a distance of 131. feet to a point; thence South 63 degrees 42 minutes 08 seconds East a distance o 341.30 feet to a point; thence sou l 63 decrees 33 minutes 08 seconds East a distance of 377.81 f et to a point- thence south 66 degrees 2 minutes 21 seconds East a distance of 107. feet t a point; thence South 89 degrees ' 54 minutes 58 seconds E ast a d istance of 100.39 feet to a point; thence south 86 degrees 35 minutes 19 seconds East a dist of 102. feet to a point, located at th e Board of Commissioners Meeting } 09/07/2010 10 -9 -48 1 W Northeast corer of mb i ge Heights Johnson Farms Subdivision . F Phase 2 as the sane is shown on Map Book 39, Page 338 in the New r Hanover Counter egi. r f thence South 25 degrees 36 minutes 4 seconds West a distance of 697 .20 feet to the POINT of BEGINNING; containing 17.93 acres, more or less. 2 Board of Commissioners Meeting 09/07/2010 10 -,9 -49 0 �,V 4A9 40 e, 9 _L,1 hzggp lE =j i ME WA it d. i f g 7G r� r r. A f 3� i Y + } * 4 ry i a il 5 _ AMA 4S , 2 FA 4h� pp C, `7L J it r1k it S Op or � Y5 — Al ff — P 4 r% ' ZH A Hi 10 C 5 10 pk .. �. Lt If I 6A pr kk Th 161 40 1__ I PHU i i AH IN x 4 1 4 mS "rill A 1) 1 k �p P3 +It 6 614 10d, P7 4r.1 ilk d 24 11 I OL wr CT e I I i I I I M6 , pa 12 bxww*n P* MM DO!Xrmjl ww-mmkxem 59 2.7 OMWWA me totwir m w bvt 1 FA AN tl J � � � � � "' — � — �# = �, � ! � ► � r wmr tv 15. 1 1 I I v qj 4a�l m hrw Ew M v ' k - t tic — t v7j um z a Im r I rn z yj k PIT rp LO L u c -1k IL I I L . 4 Board of Commissioners Meetin 09C,7/201 0 19-9-50 r I ' v . N, PS rn on O -u M 0 ��s� a�� ' v . N, ' v . 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". y � 5 k 77 ili A I I T 4'tl d .0 p p Lop A Oe 91 a Op, S t C'6 I n, � 1s , ,� «I r � s� �+ � { r G % � 1 � I le rr f 0 ' OR I 13 71 �3 '41 ri 1JIVI r f t O LL P! Tjl L m F 41 A7W pa r MR ti t 4.1 I V3 LZ p �Plo " I E6ftfw I �� y:s 1 � S c4 � = � � � k � Board of Commissioners Meetin .09/07/2010 10-9-53 �� ! NMI 1 1 rullimmm 1 SHE 1. lull -5 10111 MINE M. I HIM El W, 1.1011111HISHI 0'V virm Hin 11111 I : 111111111111 '' 11111R11 zaese7emis FOR REGISTRATION REGISTER OF DEED REBECCA P . SMITH N FNOVER C{#11iti1TY 20 N OV 23 N 3 BK;4942 P : 2181.2184 :120.00 NC REV TPN: : .00 vl* Nod CME PRE PARED By : A P . , I S LA N A , 2 N. 2ND S T . WILMING , N 01 STATE OF NORTH CAROLINA PAR : - t � 1 N EW HANOV9R C TAX ' `' ' WARRANTY ' , THIS DEED, rude thi 22nd clay Of November, 2005 by and be twe en G ALARDE DEVELOPMENT L LC r a North Carolina - 1 im itod x ' ' z. ab �. �. � ty company whether one or more, called GRANTOR and KIRK PIOF R] N TRU TI N, INC. r a North Carolina Corporation whe one or More? called GRANTEE,, with a mailing address of o 1 0 I 1 n rr,� The GRANTOR, for and in consideration of the surn of Ten Dollars ( 10.0 and other valuable cons i deratiofis t ' i �� r� hand �a� b y the G RANTEE, the receipt whereof is hereby acknowledged bargained and sold, and by those presents does hereby bargain, sell and convey unto G RANTEE, its successors and assigns forever, all that certain real property located in New Hanover County.,, North Ca described on-the attached Exhibit 0 A" incorporated herei b reference. ' SUBJECT TO 2005 ad valorem real property taxes# l icab1 restrictions and easements of record; All local, r count � o state and federal, laws and regulations relative to z oning, occupancy, subdivision, usage construction and development of the described property. TO HAVE AND TO HOLD the above granted and described i property, together with all and singular, the rights, Privilege easements, tenements and appurtenances thereunto' belonging, or in Board of Commissioners Meeting 09/07/2010 10 -9 -54 ` anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple forever. And the GRANTOR, for itself, its hears, executors and administrators, do covenant to and with the said R NT t its s•ucc4essors and assigns, that it is seized in fee of the above grante and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and al restrictions, easements or encumb `ances, except those mentioned above; and that it w ill and i ts hears . executors,, adminis trators and successors shall warrant and defend the title to the sane against the lawful claims and demands of any and persons wh omsoever. IN TESTI oNY WHEREOF,. the said GRANTOR has hereunto set it hands and seals as of the day and year first above writ B ( SEAL) � �Toh Gal ace r STATE OF NO CAROLINA CO UNTY of NEW HANOVE I. Alan M. Solana, a Notary Public in and for the State and County aforesaid, do hereby cert * y that John Galarde, M anager of ala.rde Development,, LTC, a .N rtwh Carolina limited liability company, personally-appeared before one this day and acknowledged ed t M execution of.the foregoing instrument on behalf of said limited li ability company. Witness y hand and official seal his 2 2nd day of Novemb 0 5. x s o p Nota P b l i c •* � "s ■ V ' is �* MY C ommissi o n E x p ires : M ay 30 , 2009 . II,r :TF R ! . , 00 Board of Commissioners Meeting 09/07/2010 10 -9 -55 XHEBI ` # #7 TRACT ONE. BEING aU of L ' ots 6, 7 8 and 9 of Belle Meade laon Su bdi vi sion, Section 2 as w there eoed �. M Boob at � , New Ha ger County Registry reference to whi map is hereb made' for a mO re parti Esc. ` VACT TWO; BEING all of Lots 132 14, 15 17 1, M211 2,22,2,2,2 27 2 , 45 and 46 of Belle Meade Plantation Su bdi Vi " ' a thereof recorded i Section a shown on a M Bo � � 3' , , e'e a�o�r r Co . y Registry, reference is hereby made for a more partic descriptio to The a bove desp l ots am subject t a . � Declaration �o�rax�,�, dos � Bede Me P ��isio� ears, ' Res o� Book 4790 , Page 1 , ow. Hanover �sy. NCounty Board of Commissioners Meeting 09/07/2010 10=9 -56 Skate of North Carolina, County of New Hanover YELLOW PROBATE SHEET 1S A VITAL PART OF YOUR RECORDED DOCUMENT PLEASE RETAIL WITH ORIGINAL, DOCUMENT AND SUBMIT IT FOR REwRECORDING, 1. f IIInI IIIN IIIII Nlil ll�l 11111 11111 Ulll illll 11111 1111 1111 2010012048 FOR REGISTRATION REGISTER OF DEEDS JENNIFER H. MRCNEISH NEW HRhfOVER COUNTY, NC 201Q MAY 03 03:37:13 PM BK:5483 PG:1945 -1949 FEE128.00 Deed of Common Areas THE ATTORNEY REPA.RING TIM INSTRUMENT HAS MAD NO RECORD S OR TITLE EXAMINATION As THE PROP HEREIN DESCRIB UN T E S A ME IS SHOWN BY HER WRITTEN AND SIGNED CERTIFICATE. Prepared by: Mary Margaret McEachern, Es q. Return to: 4D MLOW, McE C ER' & ASSOCIATES, P .A. 615 Princess Street Wilmington,, NC 28401 Telephone: 1 8 -6727 Facsimile: (91 0) Toll Free: (866) 710-6727 mmmeeachern@bellsouth.net Re Stamps: Brief Description for Index: Common on A.r as -- Belle M Plant 1q, A a II& % - � Tax Parcel I.D. Number: � o � �� t - q STATE OF NORTH CAROLINA C OF NEW HAN DEED OF COMMON -A R FA S THIS DEED OF COMMON AREA.s is rriade this day of April, 2010 from GALA.RDE D EVELOPMENT, LLC, a North Carolina limited liab ilYty company with a place of business bein located ire New Hanover County, Forth Carolina, rit a balling address o Post Office Boy 1568 Wrightsville Beach, NC 28480 ( "Grantor ,, ), to BELLE ME PLANTATION OWNERS Board of Commissioners Meeting 09/07/2010 10 -9 -58 ASSOCIATION, INC., a North Carolina rion- profit corporation with its offices being located in New Hanover County, North Carolina, with a mailing address of 12 McGinnis ane, �iIn�in on NC 284 ` {�raee ", [The designations Grantor and Grantee as used herein include said parties and their successors and assigns, and include singular, plural, masculine, feminine or neuter as required by context. WHEREAS, Grantor secured title to certain real property, which said real roe p rty was to become Belle Meade Plantation subdivision, on December 1 , 2 003; and ' 'HEREAS, Grantor, over the course of several years after acquiring said title, commenced the development of said subdivision which development included but was not limited to the p lacement of streets, common area easements, parks, green spaces and other common areas as well as other infrastructure necessary for the subdivision, and the construction of homes in said subdivision; and WBEREAS, the following documents pertaining to Belle Meade Plantation subdivision are recorded in the New Hanover County Registry: Declaration, of Covenants, Conditions and Restrictions for Belle Meade Plantation Subdivision "Declaration" In Deed Book 4790 at Page 91.9• Plat for g � Belie Meade Plantation Section 1 in Map Book 47 at Page 387; Plat for Belle Meade Plantation Section 2 in Map Book 48 at 'age 146; Plat for Belie Meade Plantation Section I Revision in Ma Book at Page age 243; and Plat for Belle Meade Plantation Section 3 in Map Book 4 8 at Page 3 57; and WBEREAS, the aforesaid Declaration and Plats describe and illustrate ar IOUs Common areas, including but not being limited to streets, alleys, cul-de-sacs, islands, p arks and green sp ace, easements, � � and the stormwater runoff retention system; and BEREA, Grantor desires to transfer to Grantee, and Grantees desires to accept the transfer of a fee simple interest in all common areas so designated (including but not ein limited to the streets is designated on the recorded plats as "Pine Hollow Drive o' Public RfW " and "McGinnis Lane So ' Public RIW , with the exclusion of the aforesaid storrnwat r runoff retentions stern which said ste will be tr to grantee rn n pursuant to a permit transfer to occur at later date; and WBEREA S, Grantor is duly authorized to make this Deed of Common Areas; and WBEREAS, Grantee is duly authorized to accept this Deed of Common Areas; and k. WBEREA , Grantor desires to effectuate a transfer of the property herein described to Grantee in the manner hereinafter set forth. NOW, TBEREFORE, Grantor, for ten and no/1 oo dollars ($10.00) and other g ood. and valuable consi derations paid by Grantee, the adequacy, legal sufficiency and receipt of which are here by specifically acknowledged, has and by these presents does grant, bargain, sell and onve y unto Grantee and its successors and assigns, in fee simple forever, all of the following: F EE SIMPLE INTEREST in all of the property being known as the COMMON AREAS of Belle Meade Plantation subdivision, said Common Areas consisting of all of the Common Areas described in th e Declaration recorded in Deed Book 4790 at Page 919 of the Now Hanover County Registry, the Plat for Belle Meade Plantation. Section 1 recorded In Map Book 47 at Page 387 of said Registry; the Plat for Belle Meade Board of Commissioners Meeting 09/07/2010 1 .9-9 -59 Plantation Section 2 recorded in Map Book 4 t rage 14 of said Registry; the Flat .. for Belle Meade Plantation Section l Re 'sion recorded in M Book 48 at lea 243 o Registry; and the Flat for Belle Meade Plantation Section 3 recorded in Map Book Sat Page 357 of said Registry. S EXCEPTING the storm water r un o ff retention system which will be conveyed to Grantee pursuant to a P ermit transfer at a later date. 1 TO HAVE AND TO HOLD the aforesaid lot or parcel of lard and all ri fle es ea a thereto belonging to Gra a p � ease and and its successors and assigns i fee simple FOPMVER. And Grantor covenants to Grantee that Grantor is seized of the real ro being here � � g transferre has the t coney the same i der �� fee simple feerxpe, that t is mar and fr and ciear of all encumbrances, except as set forth herein and that Gran will WRRANND DEFEND the title against the lawful claims of all persons whomsoever, ex e t for the excep p n hereina stated. Title to the property herein described may filrt ier be sub 0 eet to the following exception n. L d valorem taxes for the current year and hereafter; 2 . Restrictions of record applicable to said parcel; 3. Easements to public tiliti s of record; and 4 . Zoning and/or subdivision ordinances arid. regulations. IN WITNESS WHEREOF, Grantor has hereunto caused its Manag to set his hand to th i s instrument, a - - set its Official Seal to this instrument all as of the d ` ate first a bove-wr i tten. CIA A ARDE DEVELOPMENT LLC }1 �ZCW4&a By: -� o alard a ' ' F COMMON AREAS IS IIEI EB ' ACCEPTED By GRANTEE A OF DATE ]FIRST ABO VE - WRITTEN. ' � T6 n�rsr' rp ra Sea � . By Attest: William H. Hatcher, Secretary BELLE MEAE PLANTATION OWNERS ASSOCIATION, INC. John s, President [ACKNOW.LEDGME NTS FOLLOW] Board of Commissioners Meeting 09/07/2010 1(B -9 -60 STATE ATE NORTH CAROLIN COUNTY OF NEW HAN L elk. 07 a Votary Public in and for the Cou and State aforesaid, do hereby certify that JOHN GALARD personally appeared before me this day and acknowledged that he is the Manager of GALARDE DEVELOPMENT, LLB a North Carol' company, and that ��a limit liability ' y authority duly given and a the act of the compa he signed i�xstrurnen and d seabed t same xth t eon the foreg company's official seal for the purposes .therein expressed. S my hand and notarial stamp or seal this the& day of April, 2010. [ Nota r ia l - } } � - � - * A. 41 cc .� STATE OF NORTH CAROLINA } COUNTY OF NEW HANOVER ) L Mary Margaret Me aeher , a Notary Public in and for the o n and State afore aid t , do hereby certify that WILLIAM H . HATCBER personally appeared before rye this da. and ackno th �o�edged � he �s the Secretary tary o BB MBAf E PLANTATION N OWNERS ASSOCIATION, rNC. a North C arolina nonprofit corporation, and that b authority duly given and as the act of the corporation, the foregoing instrument t v as signed in its name and by its President, sealed with its corporate seal, and attested by him as its Secretary, for the purposes therein expressed. � . .ud and notarial stamp or seal Us the - day of April, 2010. k [ A*a ' rial +S am PU + . MaryMarrot MeBaeher Notary Public M oII fires: March rely , 201 g larde- bellemead .gwd Board of Commissioners Meeting 09/07/2010 10 -9 -61 SH JENNIFER H. MACNEISH REGISTER.O.F DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 0510312010 03:37:13 PM Book,: RE 5403 Page: 1945-1949 Document o.: 2010012048 GS $28.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County New HA over PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL, DOCUMENT. 2010012049 FOR REGISTRATION REGISTER OF SEEDS NEWHPNOVER IN �COQIi 2010 MAY 03 Oa:37:13 PM BK:54B3 PG:1950 -1954 FEE123,00 INSINNEN1 q 2 @10012x49 Transfer of Co- Declarant Rights nffi ATTORNEY PR THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR TITLE EXAMINATION AS TO TBE PROPERTY IHBREIN DESCRIBED, HESS THE SAME IS SHOWN BY IMR WRITTEN AND SIGNED CERTIFICATE. Prepared y: V ary Margaret Mc achem, E sq. Return to: ILLOW, McEACHERN & ASSOCIATES, P.A. 6 15 Princess Street Wilmington, NC 28401 Telephone: (910) 8 15 - 6727 F acsimile: 1 0) 815- Toll Free: {866} 710 -6727 mmmceachem@ bellsouth.net 3 Revenue Stamps: y $0.00 Brief De cri do . for Index: Co Rights -- Belle Meade Plantation STATE OF NORTH CAROLINA ) } COUNTY OF NEW HANOVER } TFHS TRANSFER OF CO-DE RIGHTS is grade this � - 1 day of April, 20 10 , from North Carolina limited liability company with a place of business being located in Now Hanover County, North Carolina, with a nailing address of Post Office Box 1 568 Wrightsville Beach, NC 28480 ` Grant r "), to BELLE MADE PLANTATION N W RS ASSOCIATION, INC., a North. Carolinas non- profit corporation wi th its o ein g located ire New Board of Commissioners Meeting 09/07/2010 1Q -9 -63 H anover County, North Carolina, with a mailing address of 612 McGinnis Lane, Wilmington NC 28412 ( "Grantee"). [The designations Grantor and Grantee as used herein include said parties and their sUccessors and assigns, and include singular, plural, masculine, feminine or neuter as required by context. WI TNE S S E TH.- WHEREAS, Grantor — along with an entity known as Atlantis Holdings, LLC — attained the status of "Co Declarant" of Belie Meade Plantation subdivision, as said term is defined under the North Carolina P lanned Community Act; and WHEREAS, also pursuant to its duties as Co-- Declarant of the development, Grantor alon g with Atlantis Holdings, LL , caused to be recorded in the New Hanover County Registry the followi documents: Declaration of Covenants, Conditions and Restrictions for Belle Meade Plantation Subdivision ("'Declaration") in Deed Book 4790 at Page 919; Plat for Belle Meade Plantation Section I in Map Book 47 .at Wage 387; Plat for Belle Meade Plantati n Section in Map Boob 48-at Pa e 146. Plat for Belle Meade Plantation Section l Revision in Map Book 48 at P age 243• and Plat for Belle Meade Plantation Section 3 in Map Book 48 at Page 357; and WBEREA S, the aforesaid Declaration, and Plats describe and illustrate various common areas including but not being limited to streets, alleys, cul-de-sacs, islands, parks and green sp ace , easements and the stormwaterTunoff retention system; and W BEREAS, Grantor also desires to transfer to Grantee any and all "Special Declarant i g ts" as defined in North Caro lina General Statut �47F said transfer to be made a d a ccepted b Grantee pursuant to North Carolina General Statutes §47F-3-10 and w'IHEREAS, Grantor, in a to the transfers enumerated hereffiabove, also desires to transfer, and Grantee desires t accept, Grantor's rights a stated in the following provisions o the Declaration- Arti 1; Article H, Section ; Article Elf; Article IV, Sections 4, 5 2 6, 9, 10, 1 , 1. , , 1 22 and • Article VI, Section 4; Article VII, Sections I and 10; and Article VIII, Sections 1 and • and WHEREAS, Grantor is duly authorized to make this transfer; and wBEREA S, Grantee is duly authorized to accept this transfer; and VBERE S, Grantor desires to effectuate a transfer of the property herein described to Grantee in the manner hereinafter set forth. NOW, THEREFORE, Grantor, for ten and no/I oo dollars 1 0.00 and other good and Valuable considerations paid by Grantee, the adequacy, legal sufficiency and receipt of which are hereby y specifically acknowledged, has and by these presents does grant, bargain, sell and one y unto Grantee and its successors and assigns, in fee sim ple forever, all of the following: ALL OF GRANTOR'S SPECIAL DECLARANT ANT RIG TS as defined in North Carolina General Statutes §47F-1-103(28) and as f rtb,er defined in the Declaration for BELLE MEADE PLANTA'T'ION S B WISI N. TO HAVE AND TO HOLD the aforesaid rights and all privileges, easements and appurtenances hereto belonging, to Grantee and its successors and assigns, FOREVER; and Grantor hereby covenants Board of Commissioners Meeting 09/07/2010 1Q -9 -64 to Gr antee th at as to th e rig hts b eing conveyed hereunder, Grantor is duly authorized t o convey th e Same t o G rant ee. IN WITNESS WHEREOF, Grantor has hereunto caused its Manager to set pi's hand to this str m set its Official Seal to this instrument all as o the cute first above-writ \E7- Ap GALARDE DEVELOPMENT,, LLC � [O ffi a ' ea l .......... ....... 0 # A k By. .. John G iarde Mazza er OF CO-DECLARANT RIGHTS I HEREBY ACCEPTE AS of THE DA'U`B FIRST ABOVE-WRITTEN. e ,"� o orte S ea > B Attest: William H. H atcher, Secretary BELLE MEADE P OWNERS ASSOCIATION, INC. --- AbW___;V_ Joh es, President 1ACKN4WLEDGMENTS FOLLOW] Board of Commissioners Meeting 09/07/2010 19 -9 -65 STATE O NORTH CAROLINA. COUNTY OF NEW HAN a Notary Pub in and for the County and. State aforesaid, do hereby certify that JOHN GALARDE pers onally appeared before nee this day an acknowledged that he is the Manager of GALARDE DEVELOPMENT LL C , a North ' Carolxn limited liability company, and that b y authority duly given and a the act of the comp he signed i ns tr umen t and sealed the foregoing the same with the company's official seal for the purpose therein expr WITNESS .y hand and notarial stamp seal this the da of April � � � tx ; ? ?; w ed i Oy [ Notaria l m - S ea l] _3 �. N OW OF. 401 040 4f10410 file i � A Notary Pu '� ��_:; �'�� 8 1 4 � � 10 My na��x� Expires: � STATE OF NORTH CAR COUNTY F NEW HANOVER 1 , Mary Margaret McEac crn, a Notary Public in and for the Cain and State afo r e said, here certify that � r said, do ' WILLIAM H. HATCHER personally appeared before me this day and acknowl that e i the secret of B Secretary ELLS M A.� PLANTATION OWNERS ASSOCIATION, INC, a North Carolina nonprofit corporation, and that by authority duly given and as the act of the c the foregoing instrument was signed in its name aad by its President sealed with its corpor seal, and attested by him a s its Secretary, for the purposes therein expressed. X1"1.4 110 and notarial stamp or seal this the day ofAp ril , 2010. t .. � ��" [ t �. .s Nta Mary ar g a c ac em U, - V1 �'4%4*0 Notary Flit ' Com issm lWip March 24, 2014 al rde -b lle meadeA rn Board of Commissioners Meeting 09/07/2010 1049 -66 NTY. G � 0 z � � Q > 0 ��' k�F�tr�r## ��k�k�c�c�e�c�k�Ik�Eir�ik��k�k�c�e�rt�c�Ic�Y *�Ik3k�lk��r�e�k�� Filed For Registration: Book: Document No.: JENNIFER H. MACNEISH REGISTER OF-DEEDS, NEW HANOVER 216 NORTH SECOND STREET wiLmINGTON NC 28401 r�k�k�k�r�k�lr� �Fik��IE�r�c�Fc�c�k�r�r�k�k�C��tc�k�k�r�r* ��IE �c�} �k�k��kak�lc�k�r�ik�k�r3s�C# �c�c�k�k* �k�t�kak�r�lE��c�k�c�k�fr��t�3kfc� #�k�k� 051031291 03:37:13 P E 5483 'age: 1950-1954 2010012049 FAGS $23.00 Recorder: JOHNSON, CA State of North G rolina, County of New Hanover PLEASE RETAIN YELLOW RAIL. PAGE WITH ORIGINAL D C ME '. 2..01 1,L049 2 0100120 w g Board of Commissioners Meeting �.}. 09i07i2010 io -9 -67 fill IND 2010012050 FOR REGISTRATION REGISTER OF DEEDS NEV�HRNOVER .CMUNTY�SfIG 2010 MAY 03 03:37:13 PN BK:5483 PG:1955-1959 FEE123.00 1NSIRUMENi � 20IN12N Transfer of Co- Declarant Rights mom Prepared by: Mary Margaret Mc achem, E sq. Return to; bMLOW, McEA.CHERN & ASSOCMT S, P.A. 6 15 Princess Street Wilmington, NC 28401 Telephone: 10 ) 815 6727 Facsimile: 910 815 -6737 Toll Free: (866) 710-6727 m mmeeachern@bellsouth.net Revenue Stamps: $0.00 Brief Description for Index: Co Declarant Rights -- Belle Meade Plantation STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ) Tk4NSFER OF C 7)FCTA 7 ? , d MTRLGHTS TI US TRANSFER OF CO-DECLARANT RIGHT'S is made this f � of April, 2010, from ATLANTIS MOLDINGS, LLC, a North Carolina limited liability company with p lace of business bei located in New Hanover County, No Carolina, with a mailing address of 4649 Carolina Beat Road, Wilmington, ANC 25412 ("'Grantor"), to BELLE MEADE PLANTATION N WIN S ASSOCIA INC.,. a North Carolina non- profit corporation with its offices being located in New H aaiover C ' North Carolina, with a mailing of McGinnis n Lane, W flm *ngto , NC 4� i 2 ("Grantee r' , [The designations Grantor and Grantee as used herein include said parties and their successors and assigns, and include singular~, plural, masculine, feminine or neuter as req uired by context. Board of Commissioners Meeting 09V071201 0 10-9-68 ,WI TNESSE TH.- VIMREAS, Grantor — along with are entity k nown as Galyde Development, LLC — attained the status of "Co Declarant" of Belie Meade Plantation subdivision, as said term is defined under the North Carolina Planned Community Act; and WHEREAS, , under Grantor did not perform any of the development of said Belle Meade Plantation subdivision; and wBEREAS, also pursuant to its duties as Co-- Declarant of the development, Grantor, along with Galarde Development, LLC,, caused to be recorded in the New Hanover County Registry the follo documents: Declaration of Covenants, Conditions and Restrictions for Belle Meade' Plantation Subdivision "Declaration" in Deed Book 4790 at Wage 919; Plat for Belle Meade Plantation Section I in Maly Book 47 at Page 387; Flat for Bede Meade Plantation Section 2 in Map Book 48 at Page 146• Plat for Belle Meade Plantation Section 1 Revision in Map Book 48 at Page 243; and Plat for Belle Meade Plantation Section 3 in Map Boob 48 at Page 3 5 7; and W�REAS, the 'aforesaid Declaration and Flats describe and illustrate the entire development ineludmng but not being limited to lots, various common areas, streets, alleys, cul - -sacs islands p ar ks and green space, and casements; and WBEREA , Grantor desires to transfer to Grantee and Grantee desires to accept from Grantor any and -all "Special Declarant Rightl'' as defined in North Caro lina general Statutes § 47F - 1 - 10 3 (28 ) said transfer to b e made and accepted by Grantee pursuant to North Carolina general Statutes §47F 104; and WBEREAS, Grantor, in addition to the transfers enumerated hereinabove, also desires to transfer and Grantee desires to accept, Grantor's rights as stated in the following provisions of the Declaration: Article I; Article II, Section 3; Article f; Article TV, Sections 4, 5 6, 9 10 18 19, 20 22 and 266 Article V , Soction ; Article , Section 1; and Article VIH, Sections 1, 3, and ; and AREAS, G iantor is duly authorized to rake this transfer; and WBER AS, Grantee is duly authorized to accept this transfer; and WBEREAS, Grantor desires t effectuate the transfer herein described to Grantee in the manner hereinafter set forth. W NOW, UIEREFORE, Grantor, for ten and no /loo dollars ($10.00) and other g oo and valuable considerations paid by Grantee, the adequacy, legal sufficiency and receipt of which are hereb specifically acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee and its successors and assigns, in fee simple forever, all of the following: ALL P GRANTOR'S SPECIAL DECLARANT RIGHTS a defined in No rth Carolina General Statutes §47F-1-103(28) and as further defined in the Declaration for BBIEB MEADE PLANTATION SUBDIVISION, as limited ab ove, EXCEPTING SPECIFICALLY THE FO LLOWING: Grantor hereby specifically retains the right to subdivide and, if desired, develop Lot 3R into no more than three sep ar a te lots (one improved and two unimproved ) in accordance with then- applicable plannin and zoning requirements. In accordance with the Declaration, grantor will not — absent Board of Commissioners Meeting 09 07/2010 1,0-9-69 further agreement with Grantee — be required to pay assessments h two unimproved lots until and unless Grantor either develops or transfers the same. Grantor does not hereby transfer its rights under Article V , section 10 of the Declaration, or under Article V, Sections 4 and 6 of the Declaration. TO HAVE AND TO HOLD the aforesaid rights and all privileges, easements and appurtenances thereto belong to Grantee and its successor and assign FOREV a gyrator hexer c to Grantee that as to the rights being conveyed hereunder, Grantor is duly authorized to convcy the same to Grantee. IN WITNESS WHEREOF, Grantor has hereunto caused its Manager to set his hand to this i stye of Official Seal to this instrument, all as of the date fast a e- 'writt ATLANTIS HOLDINGS ir [Offliqle l B. K a tthe W. i Gioia, Manager T S CO-DECLARANT RIGHTS IS HEREBY ACC BY GRAN'T'EE AS OF THE DATE FIRST ABOVE- WRITTEN. �- 0 BELLE MEA DE PLANTATION OWNERS P C& Nr H ASSOCIATION INC. Corporate S r .,� B: ■ 1 , President Attest. William H. Hato er, Secreta ACKNOWLEDGMENTS FOLLOW] Board of Commissioners Meeting 09/p7/201 0 1CPL 9 -70 STATE OF NORTH CAROLINA COUNTY OF NEW HAN OVER 'I f6s � , �4-� a Public and d for the County and State aforesaid, do hereby certify that MATTBE v W. DI GI IA personally appeared before me this da and acknowledged that he is the Manager of ATLANTIS HOLDINGS, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the company, he signed the foreg instrument and scaled the same with the company's official seal for the purposes therein exp ressed. r W1 and notarial stamp or seal this the & of April, 2 0 '* ,dam)gS ,. *i# � ** i f it l i j10 %, Notary Pub is My Commission Expires: f z o STATE OF NORTH CAROLINA ) COUNTY OF NEW HANOVER ) 1, Mary Margaret Mo se r , a. Notary Public in and for the County and State aforesaid d hereby certify that WILL LAM H. RATCBER personally appeared before sae this day and acknowledged that he is the Secretary of BELLE MEAD A.NTA..T T OWNERS ASSOCIATION, INC. a North Carolina nonprofit corporation, and that by authority duly given and as the act of the corp oration , the foregoing instrument was signed in its name and by its President, sealed with its corporate seal and attested by him as its Secret', for the purposes therein expressed. WITNBS and notarial stamp or seal this the day of April, 20I0. &jC . is '` eat 4P �� z O PUBS M Mar � g Mese.or Notary Public 1 4, P My co 6h 2, 20 00% of la nti s -b a 11 ern Bade. t rn Board of Commissioners Meeting 09/07/2010 14 -9 -71 b oNTY*� � E 0 0 n Z � 9 d � � 0 tN JENNIFER H. MACNEISH REGISTER DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: WI NC 28401 05103/2010 03:37 :1 PM RE 5483 Page: 1955 -1950 20'1001 2050 PS $23.00 Recorder: JOHNSON,CAROLY State of North Carolina, County of New Hanover PLEAS RETAIN YELLOW TRAI PAGE WITH ORIGINAL DOCUMENT. 01 1 00 0-.50 20 n O�� O� O Board of Commissioners Meeting �� 09i07i2010 io -9 -72 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 11 DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Consideration of Mason Inlet Relocation Project Maintenance Event BRIEF SUMMARY: In 2002, New Hanover County successfully relocated Mason Inlet 3,000 feet across the southern tip of Figure 8 Island. The main objective of this project was to relocate Mason Inlet, excavate Mason Creek, renourish the southern tip of Figure 8 Island and the northern end of Wrightsville Beach. This project was approved with certain conditions including maintenance activities and monitoring for a period of thirty years; a maintenance activity is necessary this coming fall /winter. Figure 8 Beach Homeowner's Association is agreeable to undertaking the Mason Inlet Relocation Project maintenance event, at its cost and expense. This is an identical arrangement as agreed to in a contract approved by the Board on 11/19/07 for the 2007 maintenance event. The maintenance is conducted under the federal and state permits secured by the County for management of the Relocation Project. The Association will engage a contractor to dredge the Mason Creek, Mason Inlet Channel Corridor and the Intercoastal Waterway at the mouth of Mason Creek. The Association will retain the dredge sand and not be subject to assessment for such sand. Work is to begin this fall and be completed on or before March 30, 2011. These arrangements are set forth in the proposed agreement. The County will execute this agreement if: 1) approved by the Board, and 2) approved by a majority of HOA members on Figure 8. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve contract and authorize staff execution. A TT A f NMF.NTC Copy of US Army Corps of Engineers Letter Draft Contract MIPG Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 09/07/2010 11 -0 REPLY TO ,kT-rENTION Of..: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 9D AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Mr. Bruce Shell Count Mana tv New over Count, 414 Chestnut Street Wilmin North Carolina 28401 Board of Commissioners Meetin 09/07/2010 11 - I - I 2 please be advised that in order to undertake the dredging required by this notice, you will likely need project specific authorization from the NC Division of Coastal Management and/or the NC Division of Water Quality. You should contact each of these agencies directly to determine what action is necessary. Thank you for your attention to this matter. Should you have any questions, please contact Mr. Dare Timp ' at 10 251-4634. Sincerely, William T. Faller, Chief Wilmington Regulatory Field office Enclosures Copies Furnished (without enclosure: Mr. Ron S echler National Marine Fisheries Service Piers Island Beaufort, forth Carolina 28516 Mr. Pete Benjamin United States Fish and Wildlife Service Fish and Wildlife Enhancement Fast Office Box 33726 Raleigh, North Carolina 27636 -3726 Molly Ellwood Southeastern Permit Coordinator NCWRC/Ha itat Conservation Program 127 Cardinal Drive Wilmington, North Carolina 28405 Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Ext Wilmington, North Carolina 20 Board of Commissioners Meeting 09/07/2010 11 -1 -2 Ms. Cyndi Kar l Division of vater Quality North Carolina Department of Environ-ne t and Natural Resources 2321 Crabtree Boulevard, S cite 2 Raleigh, North Carolina 27699 -1650 Copies Furnished (with enclosure): Mr. Doug Haggett North Carolina Division of Coastal Management 1 638 Mail Service Center Raleigh, North Carolina 27699-163 Mr. Chris Gibson,, P.E. Gaha an & Bryant Associates, Inc. 100 Middle Point Road Hampstead, North Carr lina 28443 Board of Commissioners Meeting 09/07/2010 11 -1 -3 New Hanover County Contract # NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS AGREEMENT, made and entered into this of , 2010, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereto referred to as "County "; and the FIGURE "8" BEACH HOMEOWNERS' ASSOCIATION, INC., a North Carolina non - profit corporation, hereinafter referred to as "Association." WITNESSETH WHEREAS, a Maintenance Project ( "Project" or "Maintenance Project ") is required under the Corps of Engineers ( "COE ") permit that authorized the Mason Inlet Relocation Project ( "Relocation Project "); and WHEREAS, the Project entails excavation of the north shoulder of Mason Inlet and hydraulic dredging of Mason Creek and the Intracoastal Waterway with the sand from the excavation and dredging being deposited on the southern beaches of Figure Eight Island; and WHEREAS, the design of the Project and the terms and conditions of the Project are set forth in a Permit designated as CAMA Permit Major Modification Renewal issued and Corps of Engineers approval letter dated , 20 , referencing Action ID 199901052 ( "Permit ") and documents incorporated by reference in the Permit; and WHEREAS, the Association is interested in the Project because the Association and its members benefit from certain aspects of the Project; and WHEREAS, the Association, in order to obtain the benefits of the Project, is willing to commit to being responsible for work set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. The Association will undertake, at no cost to the County, the Project as authorized by the Maintenance Permit, in a manner that satisfies the terms of the Permit and in accordance with the plans and specifications prepared by the County. The Association shall manage and implement all aspects of the County's permitted Project as designed, including contracting, construction management, post- construction 1 Board of Commissioners Meeting 09/07/2010 11 -2- 1 New Hanover County Contract # clean -up, and other actions required to comply with the Permit. 2. The County shall bear the following costs: A. Engineering and permitting costs associated with the original Mason Inlet Relocation Project; and B. Monitoring and reporting required by the original Mason Inlet Relocation Project permits and any amendments thereto; and C. Engineering and permitting costs for the Project through the time when the pre- dredging surveys occur just prior to the beginning of dredging; and D. Engineering and Permit compliance cost incurred after the final surveys of excavated or filled areas for purposes of determining contractor pay except costs of clean up required by the Permit or the construction contract(s). 3. The Association shall bear the following costs: A. Cost of construction of the Project; and B. Cost of engineering services related to contract management and oversight from the point after pre- dredging surveys occur immediately prior to the beginning of dredging to the point where the construction contractor is deemed to have completed the Project as determined by the Association and including the final surveys of excavated or filled areas for purposes of determining contractor pay and the cost of clean up required by the Permit or the construction contract(s). 4. The County reserves the right to assess benefited properties for costs of the Mason Inlet Relocation Project under the Final Assessment Resolution adopted by the County for the Relocation Proj ect ( "Final Assessment Resolution "). In consideration of the costs and obligations assumed by the Association under this Agreement, the County will not assess properties on Figure Eight Island for sand placed on Figure Eight Island from this Maintenance Project; nor will the County change the Final Assessment Resolution regarding assessment for costs of the Relocation Project or the Maintenance Project for the period from the adoption of the Final Assessment Resolution through the completion of this Maintenance Project. 2 Board of Commissioners Meeting 09/07/2010 11-2-2 New Hanover County Contract # 5. The County and the Association must jointly approve any permit modifications or changes to the scope of the work set forth or incorporated by reference in this Agreement. 6. All components of the Project must be completed by the Association on or before the Permit expiration, except upon mutual agreement to a time extension by the parties hereto. Subject to the application, the permit conditions and the requirements of regulatory agencies, the Association shall have the right to use all sand obtained as a result of the Maintenance Project. 7. In the event the Association fails to complete the Maintenance Project in accordance with this Agreement and any amendments hereto, the County may complete the Maintenance Project and the Association will be liable to the County for the County's cost in performing aspects of the Project for which the Association is responsible under this Agreement. In the event the Association does not reimburse the County for the County's costs within 90 days of the request by the County, the County may collect such costs by an assessment against benefited properties of Figure Eight in accordance with the Final Assessment Plan for the Mason Inlet Relocation Project. 8. Notice required or permitted under this Agreement shall be sent by certified mail, return receipt requested, by personal delivery, or by facsimile transmission addressed, delivered or transmitted as follows: A. Figure "8" Beach HOA, Inc. Attn: David Kellam (Administrator) 15 Bridge Road Wilmington, NC 28411 Facsimile: (910) 686 -1558 B. New Hanover County Attention: County Manager 230 Government Center Drive #195 Wilmington, NC 28401 Facsimile: (910) 798 -7277 3 Board of Commissioners Meeting 09/07/2010 11-2-3 New Hanover County Contract # Such notice shall be deemed given upon receipt. 9. This Agreement is binding upon and shall inure to the benefit of the parties and their successors. This Agreement may not be assigned by either party without the consent of the other party. IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given and on the day and year first above written. NEW HANOVER COUNTY [SEAL] Bruce T. Shell, County Manager ATTEST: Sheila L. Schult Clerk to the Board FIGURE "8" BEACH HOMEOWNERS' ASSOCIATION, INC. (CORPORATESEAL) David Kellam, Administrator ATTEST: Corporate Secretary Approved as to form: Deputy County Attorney (SEAL) 4 Board of Commissioners Meeting 09/07/2010 11-2-4 New Hanover County Contract # NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Sheila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its County Manager, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 2010. Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Secretary of FIGURE "8" BEACH HOMEOWNERS' ASSOCIATION, INC., a North Carolina non - profit corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Administrator, sealed with its corporate seal and attested by him /herself as its Secretary. WITNESS my hand and official seal, this day of , 2010. Notary Public My commission expires: WAR \environ \R96 -23 3 -503 5 Board of Commissioners Meeting 09/07/2010 11-2-5 o �NTY " 4 Z � f NEW HANOVM COUNTY WANDA M. COP County Attorney KWP P. BURPE AU SHARON J. Deputy County Attorney Assistant County Attorney August 26, 2010 Kathleen Cramer, Shell Island HGA President 14 North Main Street, Suite 414 Chambersburg, PA 17201 kathleencramer@embarqmail.com Dear Ms. Framer: Steve Parrot forwarded your contact information to New Hanover County when he informed us he would not longer be serving on the Board of Directors at Shell Island Resort. He stated that he would not be continuing as the Masons Inlet Preservation Group (MIPG) representative for Wrightsville Beach and that he asked the Shell Island Board to appoint another member to serve on the MIPG. It is imperative that New Hanover County be informed as to who is representing Wrightsville Beach on the MIPG, should you not be performing that function. This is extremely important because a maintenance event will need to be conducted this fall to maintain the stability of Masons Inlet. New Hanover County is currently submitting permit applications to the appropriate agencies for approval and the time schedule is extremely limited. The funding source for this year's maintenance event has not been determined. Negotiations with Figure Eight Island are currently underway for them to manage the maintenance event again. This relationship has worked well in the past and has resulted in significant cost savings to the members of MIPG. The only other alternative is for New Hanover County to have the consulting engineer bid the project, bill MIPG and then bill Figure Eight for the sand placed there. This is permitted by law but would not result in as favorable an outcome due to the bidding process and other costs associated with the work. Board of Commissioners Meeting 09/07/2010 11 -3 -1 New Hanover County is making every effort to maintain the relationship with Figure Eight and to secure an agreement for them to manage the project again. A discussion of proposed arrangements shall be undertaken at the Board of Count Commissioners meeting scheduled for the night of September 7, 2010. Please notify us should you not be continuing as representative, or if another representative has been appointed to replace you. We will be happy to bring you up to speed on the status of Masons Inlet. Thank you for your prompt attention to this matter. Sincerely, k f ' ) eo'0114 WT i �V_ Kemp P. Burpeau, Deputy County Attorney CC: Steve Parrot Cynthia Curley, Shell Island HDA Manager Chris Coudriet, Assistant County Manager James P. Iannucci, PE, CFM, County Engineer David Kellam, Figure Eight MIPG Representative 230 Government Center Drive - Suite # 1 - Wilmington, NC 28493 Phone: 91 0- 798 -7153 - Fax: 910 -798 -7157 Board of Commissioners Meeting 09/07/2010 11-3-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 12 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall, Fire Chief SUBJECT: Consideration of Consolidation of Current New Hanover County Fire Districts into Two Districts with New Hanover County as the Primary Provider of Fire and Rescue Services in the Unincorporated Areas of the County BRIEF SUMMARY: In March 2009, the Board of County Commissioners entered into a contract with Emergency Services Consulting International for the development of a Fire Protection Master Plan and Cooperative Effort Feasibility Study. The study included an evaluation of current conditions, projected future system demands, future delivery system models, and identifies cooperative opportunities between the agencies providing fire protection services for the unincorporated areas of New Hanover County. Models of service delivery were devised to help prepare the district for the future. Staffing levels, apparatus assignments, and response targets were combined to develop the best strategies for improvement and efficiency. Short, mid -term, and long range strategies were used to help identify future obligations of the County to continue to provide the best possible service. Final recommendations were reported to the Board of County Commissioners on February 1, 2010. The Board directed the County Manager to review the plan and provide direction back to the Board. It is the recommendation of the County Manager to consolidate Fire Services into two districts; one north and one south, with New Hanover County Fire Services as the primary provider to become effective October 1, 2010. The recommendation to consolidate was announced by the County Manager at the May 17, 2010 County Commissioners meeting during the FY 2010 -2011 Proposed Budget Presentation. A joint meeting of the Fire Commission and Board of County Commissioners was held on June 28, 2010 prior to the Town Hall Meeting. A comprehensive worst case plan was provided and a question and answer period was allowed. The Board of County Commissioners instructed County Fire Services to work closely with the VFD's to answer any outstanding questions. On July 1, 2010, the Volunteer Consolidation Task Force was created that was made up of members from each of the volunteer agencies. On August 12, 2010 New Hanover County Fire hosted a review of the modified operational plan for consolidated fire protection with the key leaders from each of the volunteer fire departments. Apparatus placement, facility usage and volunteer /career staffing were all discussed. Feedback was received from the VFD representatives and modifications were made. August 9, 2010, the Board of Fire Commissioners unanimously accepted the recommendations made by the County Manager. This change will provide some with lowered homeowner's insurance rates, consistency in service delivery, and a single insurance rating for each district. Existing volunteer fire organizations will be operationally merged into the County system. Their members are welcomed and encouraged to continue their service with New Hanover County. The new combined system will include volunteer fire fighters and volunteer officers. Significant groundwork toward an October 1, 2010 transition date has been accomplished. RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners Meeting 09/07/2010 12 -0 Approval to implement the recommendations of County Manager Bruce Shell to consolidate the existing Fire Service Insurance Districts into two districts (one north end and one south end) with command and control and primary response provided by New Hanover County Fire Services effective October 1, 2010. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 REGULAR ITEM: 13 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Consideration of New Hanover County Input into North Carolina Association of County Commissioners ( NCACC) Legislative Goals Development Process for the 2011 -12 Biennium BRIEF SUMMARY: The Association of County Commissioners is beginning the goal development process for the 2011 -12 biennium. For each biennial session of the General Assembly, counties submit their proposals. The New Hanover County Commissioners may want to submit proposals to be considered as goals of the Association. Deadline for submitting goals is September 15, 2010. The following are attached to provide information for discussion: 1) NCACC FY2009 -10 goals and their outcomes 2) Goals submitted by New Hanover County in 2008 3) Goals submitted by New Hanover County Department Heads RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss submitting goals for the NCACC Legislative Goals process. If it is decided to submit goals, direct staff to prepare necessary forms and letter for signature by Chairman of County Commissioners. A mm A Vu Attachment 1 Attachment 2 Attachment 3 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Discuss goals and direct staff. COMMISSIONERS' ACTIONS: Directed staff to prepare and submit the five goals they identified and prioritized 5 -0. Board of Commissioners Meeting 09/07/2010 13 -0 ATTACHMENT # 1 — PAGE 1 �2sq' NORTH CAROLINA ASSOCIATION OF C OUNTY C OMMISSIONERS — 2009/20 _ LEGISLATIVE GOALS �I Goal Accomplished fir Goal Partially Accomplished Goal Not Met Priority Goal I 4, Revenue Options and Protection -- Seek legislation to allow all counties to enact by resolution or, at the option of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been authorized for any other county, including local option sales taxes, prepared food taxes, impact fees and real estate transfer taxes; and to preserve the existing local revenue base. Taxation and Finance 1. �- ` V`Motor Vehicle Property Taxes — S continued appropriations p y pp pp opnations from the Combined Motor Vehicle and Registration Account to ensure that the previously ratified motor vehicle taxation legislation is implemented according to the existing timetable and without any additional delay. 2. Impact Analysis — Support efforts to analyze the fiscal impacts of tax relief programs and exemptions enacted by the General Assembly to provide transparency on a county -by- county basis with respect to the local effects of such tax breaks. 3. GDefinition of Charity — Support legislation to clarify the definition of "charity" for hospitals, including facilities financed through bonds issued by the Medical Care Commission, and continuing care facilities, and require that any property valuation exclusion formula provide for a higher test of "charity," to include a calculation of the cost of non - reimbursed care delivered. 4. () Manufactured Home Taxes — Support legislation to require all taxes levied on a manufactured home to be paid before the home may be moved, repossessed or sold on -site. S. OCentral Listing and Assessing of Cellular and Cable Companies Support legislation to centrally list and assess cellular companies and cable companies as public service companies. G. OReimbursement, In Rem Foreclosures — Support an increase in the reimbursement rate for local government collection efforts related to in rem foreclosures. Justice and Public Safety Environment 1. * Water and Sewer Infrastructure — a Support legislation � } pp g slatxon providing the necessary capital for the maintenance, upgrade, installation and expansion of public water, sewer and stormwater infrastructure, with encouragement for water reclamation facilities; and (b) seek legislation to create a study of the rules and procedures for evaluating the available capacity of pump stations. 2. * Funds for Regional Water Resource Management -- Support funding for regional councils to develop and implement multi - jurisdictional water resource management planning and programs in every region through the cooperation of local governments, water users, and other stakeholders. 3. S Private Well Testing Seek legislation limiting g g g s #ate mandated contaminant testing of private wells to naturally occurring chemicals, and authorizing local control over well testing for named petroleum -based pollutants. 4. Water Capacity/Reservoirs — Seek legislation to streamline the permitting of local water supply reservoirs without sacrificing the scientific rigor of Environmental Impact AsseftsjV&b h p6gpVk blic comment. 09/07/2010 13 -1 -1 ATTACHMENT #1 — PAGE 2 � N ORTH C AROLINA A SSOCIATION OF C OUNTY COMMISSIONERS .— 2009/201 LEGISLATIVE G OALS 5.5 Yard Waste Facilities — Seek legislation clarifying that runoff from yard waste staging areas at county landfills does not require wastewater treatment. 6. � � Watershed Pollution Rules — Seek legislation eliminating required retrofitting by counties of existing development under rules impacting nutrient levels in existing watersheds. Human Services "T h 1. ZZ �Mental Health Funding — Seek legislation to ensure that state - funded mental health, developmental disability, and substance abuse services are available, accessible and affordable to all citizens and that sufficient state resources fund service provision costs inclusive of sufficient crisis beds. 0 f m 2. -S Health and Social Services Funding — Support state funding to provide adequate health and social services, : s ecificall P Y assist each school system in reaching the school health nurse:student ratio of 1:750 and incorporate into the allocation formula a criterion that recognizes the level of county effort in funding school nurses. The Legislature should examine the appropriateness of the target ratio for small school districts and consider whether a target of nurse hours per day per school is a better measure of nurse availability; - restore the financial incentives for counties that opt to be "Electing Counties "; restore funding of the Division of Emergency Preparedness and Regulatory Compliance within the county health departments to previous levels; , support additional funding for child -care subsidies and increase the administrative limit from 4 percent to 5 percent to enhance program integrity and eligibility review; increase the "general aid to county" funding for local health departments to build necessary infrastructure and support the capacity to provide essential public health services; and, y. , support funding for the NC FAST automation initiative in social services. 3. d a ! f%' Local Discretion, Inspection Fees — Support legislation that would provide greater discretion at the county level to establish fees for the inspection of food and lodging facilities. 4. (DRecords Sharing, Communicable Diseases — Support legislation which provides immunity from civil or criminal liability to persons required to provide information and records to health officials conducting communicable disease investigations when such information is not otherwise covered by the Health Insurance Portability and Accountability Act or other federal or state law. 5. OAllocation Formulas, Health and Human Services — Support a study with representative stakeholder participation to examine the county allocation formulas applied by the Department of Health and Human Services to determine the sufficiency, equity and efficiency of each formula, assuring that formulas fairly respond to the needs of all counties. 6. Smoking Regulations — Support legislation to allow Boards of Public Health, upon request of Boards of County Commissioners, to adopt a rule or regulation regulating smoking in places of public accommodation. 7. Back -Up Generators for New Adult Care Homes -- Support legislation to require all newly constructed adult care homes to have back -up generators. (Adopted by the Board of Directors at its Feb. 18, 2009, meeting.) Intergovernmental Relations 1. (gTransportation Fundin — O ose le islation shiftin th ' g pp g g e state's existing responsibility for funding transportation construction and maintenance projects to county governments. 2. GModernize Annexation Laws — Support legislation modernizing the annexation laws as follows: Requiring the development of j oint utility service plans for urbanizing areas; Requiring cities to reimburse counties for the loss of sales tax due to an annexation Increasing the degree of urbanization required to annex property; Requiring a referendum on proposed involuntary annexations in areas where public services - water and sewer and solid waste m- are already in place; and Requiring the direct provision of municipal water and sewer services to customers within three years of an annexation. Providing that counties have the option of continuing to provide utilities to annexed areas. Setting the effective date for involuntary annexations to be June 30 following the date of adoption or final resolution of an appeal. 3. &Collective Bargaining for Public Employees -- Oppose legislation authorizing local governments to enter into collective bargaining agreements with public employees, or mandating dues check -off programs. 4. Workers' Compensation Reform -- Support legislation to reform North Carolina's Workers' Compensation system to reduce disability findings and open -ended streams of payment, to address the trend in favor of long -term disability findings, to diminish control over these findings on the part of claimants and their legal representatives, and to curtail adoption of rules that limit return-to -work efforts. 5. Rural Transportation Planning Organizations — Support legislation providing continued funding of rural transportation planning organizations (RPOs), enabling increased participation in transportation planning for the state's non -urban areas by local governments. Board of Commissioners Meeting 09/07/2010 13 -1 -2 ATTACHMENT #1 — PAGE 3 NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 2009 10 LEGISLATIVE GOALS Long -range transportation plans drafted by RPOs or MPOs should be submitted to member boards of county commissioners for review and comment prior to being submitted to the North Carolina Department of Transportation. 6. Second Primary -- Seek legislation to eliminate second primary elections. 7. W` Transfer of Development Rights — Support legislation to allow a county to implement TDRs as another tool to promote good land -use policy. 8. Retired County Commissioner Health Benefits — Support legislation to provide that former county commissioners are eligible to participate in health care benefits provided by county government. Agriculture 1. �r�� Fund Agricultural Research and Extension Services — Support legislation to increase funding for Agricultural research and pP g g � Extension services offered through North Carolina State University and North Carolina A &T State University and to assure that existing research stations are maintained at the current level of service. 2. Support Conservation of Working Lands and Farmland Preservation — Support efforts to promote and conserve workin g lands, including 1) legislation that includes horticulture, forestry and farmland as part of the state recreation and tourism plan, with emphasis on the protection and support of private working lands; 2) legislation that retains the present use value tax break for working agricultural, horticultural and forestry lands but does not further dilute its status by expanding the tax break to non - agricultural, non - working lands including non - working conservation properties; and 3) legislation to expand funding of the Agricultural Development and Farm Land Preservation Trust Fund and to create a dedicated revenue source to assure continued and stable fund maintenance. Public Education 1. Public School Construction and Community College Funding -- Support legislation to provide state assistance to meet public school and community college construction needs caused by increased enrollment, mandated reduction in class size, and other factors through a statewide referendum on a bond issue and/or through authority for counties to raise additional revenues to meet facility needs, and to fund expansion budget requests of the community college system to meet demands resulting from increased enrollment and to train and retrain workers responding to a changing economy. 2. S Education Current Expense Funding — Support legislation t p g pp g o assure that the state define and support an adequate basic education in all local school systems and appropriate adequate operating funds to fully fund its education initiatives with revenue that is earmarked to pay the costs of those initiatives. The state should fund programs that continue to engage young people, provide individualized options that eliminate arbitrary barriers and provide students a range of opportunities through which they can gain the credentials, skills and education they need to function in the modern economy of the 21 st century. Specifically, the state should: w continue to fully fund the Low Wealth School Fund; and appropriate funds for school resource officers on the basis of one position allotment for each middle school and high school building for all school systems across the state; appropriate funds for career technical (vocational) education in high schools. 3. OPublic School Capital Building Fund — Support legislation to assure that the Public School Capital Building Fund remains intact and to direct the State Treasurer to report on longterm commitments that are dependent on this fund. Counties and schools should not be deprived of these resources as they were deprived of state support for school utility costs in 1991 -92. 4. GCommunity College Governance — Support legislation to review the process through which members of the various boards of trustees of the several community colleges are appointed to determine whether the system provides for adequate representation from counties responsible for supporting multi - county campuses. 5. 1 0 Sales Tax Refunds — Support legislation to allow public schools systems to regain access to sales tax refunds. Board of Commissioners Meeting 09/07/2010 13 -1 -3 ATTACHMENT #2 — PAGE 1 LEGISLATIVE GOALS Mental Health • Seek legislation to ensure that state funded mental health; developmental disability, and substance abuse services are available, accessible, and affordable to all citizens. Education • Support legislation to assure the state fully funds an adequate basic education program in all local school systems. • Support legislation to assure that the Public School Capital Building Fund remains intact. • Support legislation to fund expansion within the community college system to meet the demands resulting from increased enrollment and to train and retain workers responding to a changing economy. • Appropriate funds for School Resource Officers on the basis of one position allotment for each middle school and high school building across the state. Elections • Support legislation to eliminate the second primary election. Water and Sewer Infrastructure • Support legislation providing the necessary capital for the maintenance, upgrade, installation, and expansion of public water, sewer, and storm water infrastructure, with encouragement for water reclamation facilities. • Create a legislative study commission to examine DENR's rules and procedures for evaluating available capacity for pump stations. Environmental • Encourage the State to offer incentives for green energy and other green initiatives. Human Services • Support additional state funds for child care to eliminate the daycare waiting list. • Support legislation to provide greater discretion at the county level to establish fees for the inspection of food and lodging facilities. • Support legislation to enhance the enforcement of regulations governing adult care homes by enacting mandatory time and quality standards for the NC -DHHS Division of Facility Services to respond to the findings and recommendations of the local Department of Social Services. Board of Commissioners Meeting 09/22/2008 Board of Cc misskners Meeting 09/07/2010 13 -2 -1 ATTACHMENT ##2 — PAGE 2 Revenue • Seek legislation to allow all counties to enact any or all of several revenue options from among those that have already been authorized for any other county. • Seek legislation that informs the General Assembly that county funding obligations do not diminish when local revenue base exemptions and exclusions are granted to specific groups and county revenue generation is reduced. Roads • Seek legislation to encourage adequate state funding for the transportation system in North Carolina and encourage the state to correct deficiencies in all road systems in North Carolina. • Oppose legislation that draws county government into primary and secondary road maintenance responsibilities. Those responsibilities should continue to reside with state and municipal government. Justice and Public„ Safety • E -9 -1 -1 Funds: support legislation to preserve county revenue from E -9 -1 -1 charges and allow counties greater flexibility in the use of the funds. • Support legislation to allow counties to collect additional facilities fees to help fund capital, operational, and other needs associated with ever - increasing judicial activities. ■ Gang Prevention, Intervention and Suppression: support additional funds for gang prevention, intervention, and suppression activities. Board of Commissioners Meeting 09/22/2008 Board of Ca'ffimilssiZners Meeting 09/07/2010 13 -2 -2 ATTACHMENT #3 LEGISLATIVE GOALS PROPOSED BY NEW HANOVER COUNTY DEPARTMENTS 2010 Librar • Support continued funding of State Aid to Libraries. Frh ientinn • Support Legislation to ensure the state fully funds an adequate basic education program in all local school systems. • Support Legislation to assure that the Public School Capital Building Fund remains intact. • Support Legislation to fund expansion within the community college system to meet the demands resulting from increased enrollment. • Support legislation to change the compulsory school age requirement to age 18 to support further investment in student's education to generate more productive citizens. • Support efforts to reduce the dropout rate. • Support legislation to distribute lottery funds on the basis of average daily membership. Justice and Public Safety • Support legislation to support a comprehensive strategy to prevent initial juvenile crime or further involvement of youth in the juvenile justice system. • Support legislation for additional funding for programs targeting at -risk youth and families. • Support legislation to increase the juvenile age to 18 and increase state funding in preparation of serving the increased number of juvenile offenders. Human Services • Support a study with the representative stakeholder participation to examine county allocation formulas applied by the Department of Health and Human Services to determine the sufficiency, equity and efficiency of each formula, assuring the formula fairly responds to the needs of all counties. Records • Support legislation to permit records to be kept by electronic means with offsite back up. This would eliminate the requirement that paper records be maintained. Environmental Management • Support Legislation to expand the current definition of approved projects designated as "renewable energy projects" (e.g., waste -to- energy) that would be eligible for Renewable Energy Credits. Revenue • Seek legislation to allow all counties to enact any or all of several revenue options from among those that have already been authorized for any other county. • Seek legislation that informs the General Assembly that county funding obligations do not diminish when local revenue base exemptions and exclusions are granted to specific groups and county revenue generation is reduced. Roads • Seek legislation to encourage adequate state funding for the transportation system in North Carolina and encourage the state to correct deficiencies in all road systems in North Carolina. • Oppose legislation that draws county government into primary and secondary road maintenance responsibilities. Those responsiWlitie�s ?Pould. continme tq. reside with state and municipal government. oar o ommissloners ee ing 09/07/2010 13-3-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 7, 2010 ADDITIONAL ITEMS ITEM: 14 DEPARTMENT: County Manager PRESENTER(S): Rachel Forman, Cape Fear Literacy Council CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Literacy Awareness Month and International Literacy Day Proclamation BRIEF SUMMARY: Rachel Forman is the Community Outreach Coordinator for the Cape Fear Literacy Council. She and /or Yasmin Tomkinson plan to attend the meeting and request that the Board consider a proclamation to recognize September as "Literacy Awareness Month" and September 8, 2010 as "International Literacy Day" in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Literacy Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 09/07/2010 14 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY PROCLAMATION WHEREAS, Cape Fear Literacy Council, in conjunction ProLiteracy, UNESCO (United Nations Educational, Scientific, and Cultural Organization), and thousands of community -based literacy organizations, is celebrating September as "Literacy Awareness Month" and September 8 1h as "International Literacy Day "; and WHEREAS, since 1985, Cape Fear Literacy Council has provided reading, writing, spelling, math and English literacy tutoring and classes to thousands of New Hanover County adults, and launched a new family literacy initiative in 2008; and WHEREAS, the National Adult Literacy Survey indicates that over 19,000 adults in New Hanover County are functionally illiterate and at the lowest levels of literacy, and another 36,000 adults achieve only basic literacy skill levels and struggle to use printed and written information to function in society, achieve their goals, and develop their potential; and WHEREAS, these adults have difficulty securing jobs and a livable wage for themselves and their families, do not have access to adequate health care because they lack necessary reading and life skills, struggle to be effectively involved in their children's education, and have difficulty becoming fully engaged in their communities; and WHEREAS, the best indicator of a child's success in school is whether the child's parent reads, children whose parents have higher literacy skills do better in school, and the future of our community depends on great part on the literacy levels of our adults and children; and WHEREAS, Cape Fear Literacy Council helped 530 students improve their literacy skills in 2009- 10, and thereby improve their job potential and performance, their community involvement, their families' quality of life, and their own ability to reach their goals and potential. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September, 2010 be recognized as "Literacy Awareness Month" and September 8, 2010 be recognized as "International Literacy Day" in New Hanover County; and BE IT FURTHER PROCLAIMED that the Board of Commissioners pledges themselves and challenges their fellow citizens to work to eliminate illiteracy in New Hanover County. ADOPTED this the 7 th day of September, 2010. NEW HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 09/07/2010 14 -1 -1