2007-08-13 RM Exhibits
X~3D.2~. I
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-008
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-008 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008. .
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Aging
Exnenditure: Decrease Increase
Aging/RSVP:
Contracted Services $1,600
Supplies $2,500
Training and Travel $300
Volunteer Recognition $600
Total $5.000
Revenue: Decrease Increase
Aging/RSVP:
Senior Health Insurance Information Program Grant $5,000
Total $5 000
Section 2: Explanation
To budget receipt of the NC Department of Insurance Senior Health Insurance Information Program
(SHIIP) Grant award. Grant funds will be used to provide education, outreach and advocacy for senior
residents of New Hanover County.
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 08-008 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
1j.~d..~
William A. Caster, Chairman
X 'B 30. :L~..::L Q...
GHSP-02-A
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
Form GHSP-02-A
(To be completed, attached to and become part of Form GHSP-02, Highway Safety Project Contract.)
WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency")
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that New Hanover County Board of
(The Governing Body of the Agency)
Commissioners (herein called the "Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Wilminqton, NORTH CAROLINA,
I~
THIS 46th DAY OF Auqust, 2007, AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of $ 63.491 to be made to the Governing Body to assist in defraying
(Federal Dollar Request)
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of $ 63,491 as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediately upon its adoption.
DATE
q2J~ (),
~\~~.~~. ~~\1'U-
(Clerk) -
~\ ~\\Ol
,
ATTESTED BY
Rev. 5/04
X 83D. 2<1.:2. b
GHSP-02-A
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
Form GHSP-02-A
(To be completed, attached to and become part of Form GHSP-02, Highway Safety Project Contract.)
WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency")
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that New Hanover County Board of
(The Governing Body of the Agency)
Commissioners (herein called the "Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Wilminoton, NORTH CAROLINA,
/.3
THISA-&h DAY OF Auqust, 2007, AS FOLLOWS:
1. That the pr()ject referenced above is in the best interest of the Governing Body and the general public; and
2. That New Hanover County Sheriff's Office is authorized to file, on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of $ 10,000 to be made to the Governing Body to assist in defraying
(Federal Dollar Request)
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of $ 0.00 as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting by D ~
ATTESTED BY ~,.:.\. '-. S\ ,\. . \.J..
(Clerk)
~\d..\ \'0"
DATE
Rev. 5/04
X 8 3D. ~<6 . 3d.
August 2007
State of North Carolina
County of New Hanover
To the Collector of Revenue of New Hanover County:
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax
records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to
you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby
declared to be a first lien upon all real property of the respective taxpayers in the County of New
Hanover and this order shall be a full and sufficient authority to direct, require, and enable you to
levy on and sell any real or personal property of such taxpayers, for and on account thereof, in
accordance with the law.
Witness my hand and official seal, this 13th day of August 2007.
~.~Q..~
William A. Caster, Chairman
New Hanover County Board of Commissioners
Attest:
~\\~\rj \ ~~~k
Sheila L. Schult, Clerk to the Board
New Hanover County
I, Marion D. Harrell, Collector of Revenue of New Hanover County, hereby acknowledge receipt
of tax books for real estate and personal property for Cape Fear, Federal Point, Carolina Beach,
Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington Townships, for New
Hanover County.
This 13th day of August, 2007.
~~
Marion . arrell, Collector of Revenue
New Hanover County
X830.2<l.3b
NEW HANOVER COUNTY
SETTLEMENT OF TAX COLLECTIONS FOR 2006
Original Tax Levy Per Scroll
Discoveries Added
Less Abatements
Total Taxes Charged
Listing Penalties Charged
Advertising Fees Charged
Clea.ning Liens Charged
Interest Collected
Cost Collected
$ 130,872,486.69
3.332,916.14
500.670.22
$ 133,704.732.61
99.847.43
14,520.00
12,050.00
325,574.88
33,720.74
$ 134,190,445.66
Real Estate Liens'" $ 516,789.59
Delinquent Personal Property'" 1,792,000.89
Deposited 131.881.655.18
134.190.445.66
$ .00
"'Uncollected amounts include $ 27,674.68 owned by known bankrupt accounts.
Respectfully submitted,
Michelle D. Harrell
Collector of Revenue
MDH:sws
22
NEW HANOVER COUNTY FIRE DISTRICT
SETTLEMENT OF TAX COLLECTIONS FOR 2006
Original Tax Levy Per Scroll
Discoveries Added
Less Abatements
Total Taxes Charged
Listing Penalties Charged
Interest Coflected
$ 4,365,877.92
172,263.63
- 44,354.01
4,493,787.54
4,098.44
12.051.04
$ 4,509,937.02
Real Estate Liens.
Delinquent Personal Property.
Deposited
16,998.10
66,471.39
4.426.467.51
- 4.509.937.00
$ .02
Difference due to distribution error of late list fees.
*Uncollected amounts include $ 932.68 owed by known bankrupt accounts.
Respectfully submitted,
Michelle D. Harrell
Collector of Revenue
MDH:sww
X (3 30. :2.){.3 C-
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AGENDA: August 13,2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-012
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-012 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office
Exnenditure: Decrease Increase
Sheriff - Detention:
Contracted Services $8,194
Supplies $40,003
Total $48,197
Revenue: Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $48,197
Total $48.197
Section 2: Explanation
To appropriate State Criminal Alien Assistance Program (SCAAP) revenues of $48, 197 received at the end
ofFY 06-07. This funding will be budgeted in the FY 07-08 Detention budget to pay for Certified Public
Account's assistance with the SCAAP application process and the remainder budgeted in supplies. With
approval of this budget amendment, the Appropriated Fund Balance will be $4,903,625.
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 08-012 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
~,\'l .
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1-J.;,QtvA/YV1 C - ~
William A. Caster, Chairman
ATTEST:
~~.\._~~
Sheila L. Sc ult, Clerk to the Board
,.,'"
'X f3 30. :t.. ~. Lf b
~
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-013
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-013 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment: The following appropriation is hereby made to the
General Fund, Automation Enhancement & Preservation Fund, Fire Services Fund, Environmental
Management Fund, and that the following revenue is estimated to be available to meet this appropriation.
Fund: Various
Department: Various
GENERAL FUND:
Exoenditure: Decrease Increase
NHC- TV $12,480.00
County Finance $3,814.46
N on-Departmental $61,729.39
Information Technology $107,845.93
Tax $16,905.00
Legal $9,696.00
Board of Elections $13,948.96
PropertvManagement $459,011.55
Pre-Trial Release $7,152.79
Court Functions $1,276.95
Public Safety Communications $8,527.56
Public Safetv Communications - Wireline $126,317.26
Public Safety Communications - Wireless $126,317.26
Sheriff Administration $8,640.00
Support Services $3,250.00
Detention-Sheriff $107,736.80
Uniform Patrol $463,468.93
Detectives $210.00
Emergency Management $122,474.00
Planning $9,829.00
Cooperative Extension $2,562.00
Health Administration $1,143.00
Vector Control $4,256.51
Animal Control $2,398.00
Laboratory $3,500.99
Women's Preventive Health $9,342.00
Epidemiology $4,495.00
DSS -Administration $21,666.68
Child Support Services $4,621.76
Human Services Transportation $3,070.00
Library $21,694.93
Parks $24,392.07
Airlie Gardens $57,467.44
Museum $22,675.04
Total $1,853,917.26
Revenue: Decrease Increase
General Fund:
Appropriated Fund Balance $1,850,853.26
Animal Control Contributions from Escrow $2,398.00
Crisis Housing Assistance Funds CHAF Revenue $666.00
Total $1.853917.26
!
AUTOMATION ENHANCEMENT & PRESERVATION FUND:
Exnenditure: Decrease Increase
Automation Enhancement $38,749.02
Total $38.749.02
Revenue: Decrease Increase
Appropriated Fund Balance $38,749.02
Total $38.749.02
FIRE SERVICES FUND:
Exnenditure: Decrease Increase
Fire Services Fire Departments $24,847.62
Fire Services Ooerations $9,239.32
Total $34 086.94
Revenue: Decrease Increase
Aooropriated Fund Balance $34,086.94
Total $34 086.94
EMERGENCY MANAGEMENT FUND:
Exnenditure: Decrease Increase
Environmental Management Landfill $159,991.02
Environmental Management Recvcling $4,000.00
Environmental Management Wastec Administration $18,080.77
Environmental Management Wastec Ooerations $4,760.00
Environmental Management Wastec Maintenance $224,779.85
Total $411 611.64
Revenue: Decrease Increase
Appropriated Fund Balance $411,611.64
Total $411.611.64
Section 2: Explanation
To budget appropriated fund balances for outstanding purchase orders as of June 30, 2007. The amounts
should be added to each appropriation as it appears in the budget ordinance in order to account for the
payment against the fiscal year in which it is paid (adopted in the Budget Ordinances for FY 07-08 dated
June 18, 2007).
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 08-013 amending the annual
dinance for the fiscal year ending June 30, 2008, is adopted.
~ 'NO
0>0 \ ~ . th
. 11'\ ed, thIS 13 day of August, 2007.
vl. (\
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vD./{fN/vYV,Q.~
William A. Caster, Chairman
X 8 3D. 2<=3.~c-
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-015
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-015 he made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Womens Infants and Children
EXDenditure: Decrease Increase
HealthIWomens Infants and Children:
Maintenance and Repairs - Buildings and Grounds $18,000
Total $18,000
Revenue: Decrease Increase
Health/Womens Infants and Children:
Womens Infants and Children Grant $18,000
Total $18000
Section 2: Explanation
The North Carolina Department of Health and Human Services, Division of Public Health, Women's and
Children's Health Section has awarded the New Hanover County Health Department an additional $18,000
mini-grant for renovations. These grant funds will be used to add an additional registration window to the
Womens Infants and Children's area. The grant was approved on the July 23,2007 Agenda.
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 08-015 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 13th day of August, 2007.
'J:)~~Q.C~
William A. Caster, Chairman
~\~ '- -~~~
SheIla . Schult, Clerk to the Board
.1(.
X [3 ~o. :l <6. tiel
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-016
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-016 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library
Exoenditure: Decrease Increase
Librarv:
Salaries and Wages $372
Temporary Salaries $36,976
Social Security Taxes $2,857
Contracted Services $2,000
Postage $200
Printing $1,600
Supplies $1,100
Supplies - Books and Periodicals $18,826
Emolovee Reimbursement $1,574
Training and Travel $1,315
Total $66.820
Revenue: Decrease Increase
Library:
Partnership for Children - Smart Start Grant $66,820
Total $66,820
Section 2: Explanation
To reduce adopted budget to match actual grant award funds.
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 08-016 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 13th day of August, 2007.
"L) A'2.Q~ c. ~~
William A. Caster, Chairman
~~c. '-. ~l'\~
Sheila L. Schult, Clerk to the Board
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-11
XB '30. 2~.4--L
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008- 11 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriffs Office
Exnenditure: Decrease Increase
Controlled Substance Tax:
Supplies $5,139
Total $5.139
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $5,139
Total $5.139
Section 2: Explanation
To budget Controlled Substance Tax receipts for 7/25/07. 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 2008-1 1 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
ATTEST:
~.Jt~G-~
Wi liam A. Caster, Chairman
~,~ \._~,\,,~
Sheila L. cult, Clerk to the Board
X 8 30. ~<i. 41
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-15
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-15 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sherifrs Office
Exnenditure: Decrease Increase
Federal Forfeited Property:
Supplies $42,408
Total $42.408
Revenue: Decrease Increase
Federal Forfeited Property:
Federal Forfeited Property $42,408
Total $42 408
Section 2: Explanation
To budget Federal Forfeited Property receipts for 7/31/07. 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 2008-15 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 13lh day of August, 2007.
/LJ~Q.~
William A. Caster, Chairman
X 8 3D. :l~. .s
AGENDA: August 13, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-009
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-009 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Education/New Hanover County Schools
Department: Budget
Exnenditure: Decrease Increase
New Hanover County Schools:
Contribution - Capital Outlay $2,100,000
Contribution - Current Operating Expense $2,100,000
Total $2,100,000 $2,100.000
Revenue:
~
Decrease
Increase
Total
Section 2: Explanation
To transfer funds within the New Hanover County Schools Fund to be in agreement with the allocation of
funding approved by the Board of Education FY 07/08 Budget Resolution.
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 08-009 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
qJ~~Q.-~
William A. Caster, Chairman
X 8 50. :l. ~ . (p
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
In the Matter of Closing
Futches Avenue
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
a Resolution ofIntent to close Futches Avenue located near the intersection of North Kerr
A venue and an old segment of Gordon Road leading into the airport property was
adopted by the County Commissioners on the 9h day of July 2007, and it further
appearing that said resolution called for a hearing to be held on the 13th day of August
2007, at which time the County Commissioners would hear complaints and comments of
interested persons, and it further appearing that notice of said hearing was published in
the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of
New Hanover County, and after conducting such hearing the County Commissioners are
of the opinion that Futches A venue in the County of New Hanover should be closed and
are satisfied that the closing of same is not contrary to the public interest, and that no
individual owning property in the vicinity of the roads will be deprived of reasonable
means of ingress and egress to his property by such closing, the legal description of said
road being as follows:
Begilming at a point approximately 50' N olih from the Southwestern corner of the rights
of way of North Kerr Avenue and the old abandoned portion of Gordon Road, thence
from point of beginning running 803.32' Northeast (N08049'12"E) to an iron pipe,
thence from the iron pipe running 626.05' Northeast (N09046'26"E) to an iron pipe,
thence from iron pipe rmming 601.91" Northeast (N08058'15"E) to an iron pipe, thence
fi'om iron pipe running 20' Southeast (S81 001 '45"E), thence from the iron pipe running
602.05 Southwest (S08058'15"W), thence from iron pipe running 626.03' Southwest
(S09046'26"W), thence from iron pipe running 794.56 Southwest (S08049' 12"W) to an
iron pipe, thence from the iron pipe running 5.30' Southwest (S28009'53"W) to an iron
pipe, thence from iron pipe running 18.60' Southwest (S87040'25"W) to an iron and
point of beginning.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the above
described road be and the same is hereby closed. It is further ORDERED that a copy of
this order be filed in the Office of the Register of Deeds of New Hanover County, North
Carolina.
Adopted this the 13th day of August, 2007.
1.)~a.~
William A. Caster, Chairman
Attest:
~\.\ ~. ~~
Sheila L& Schult, Clerk to the Board
'1.6 30. 2~. ~o-
I' ,
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF NAMING
AN UNNAMED ROAD TO
SALTY BAY LANDING
ORDINANCE
I t appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Salty Bay Landing located near the 6700
block of Myrtle Grove Road, east side and extending east approximately 1725 feet. A
public hearing was held on Monday, August 13, 2007 at which time all persons were
heard on the question of whether or not the naming would be in the public interest; and it
further appearing that notice of said hearing was transmitted to all resident owners and
prominently posted in at least two (2) locations along said road; and published in the Star
News local newspaper, and the Board of County Commissioners is of the opinion that
said road in New Hanover should be named and the naming of the same is in the public
interest, the description of which is delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Salty Bay Landing.
IT IS FURTHER ORDERED that a copy oLihis ordinance be recorded in the
office of the Register of Deeds of New Hanover: County, North Carolina, and that notice
of the action taken by the Board of County- Commissioners be transmitted to the
postmaster having jurisdiction over the road, t~e'Ncitth Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N. C. General Statues
t' "
153A-240. .
Adopted this the 13 th day of August 2007.?
1iJ~ D_ ~
William A. Caster, Chairman
Attest:
~\fi~I~_V\ ~. ~~J.J l}-
Sheila 1. Schult, Clerk to Board
X 6 30. :L Y. 74
STATE OF NORTH CAROLINA
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSIGNING
STREET HOUSE NUMBERS
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the assignment of house numbers on Salty Bay Landing,
numerical range 1400-1599.
WHEREAS, ready and accurate identification of developed property is important for the
delivery of general County services, for the operation of commercial enterprises, for the response
of emergency and public safety vehicles and for the convenience of the general public; and
WHEREAS, a comprehensive and systematic property numbering system is an efficient
means of identifying property within the County; and
WHERAS, such a system will promote the health, safety and welfare of the citizens of
New Hanover County.
THEREFORE, it further appearing that a public hearing was held on the 13th day of
August, 2007, at which time all persons were heard on the question of whether or not assigning
house numbers would be in the public interest and it further appearing that notice of said hearing
was prominently posted in at least two (2) locations on said street, that notice of the time, place
and subject matter ofthe hearing was prominently posted at the County Courthouse and published
in a newspaper of general circulation in the County.
NOW, THERFORE, it is ordained and decreed that the above House Number
Assignment be made.
It is further ordered that a copy of this ordinance be transmitted to the postmaster having
jurisdiction over the road, to the Board of Transportation, Sheriffs 911 Dispatcher and to the any
city within five miles of said road in accordance with N.C. General Statutes l53A-240.
Adopted this the 13th day of August, 2007.
Attest:
~t~\~ \ ~~l~
Sheila L. Schult, Clerk to the Board
1.J~ Q. ~
William A. Caster, Chainnan
'X 8 3D. :J. C/. ~
AGENDA: August 13,2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-011
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-011 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library/Capital Project
Exnenditure: Decrease Increase
Librarv:
Caoital Outlav - Other Improvements $218,100
Total $218.100
Revenue: Decrease Increase
General Fund:
Appropriated Fund Balance $218,100
Total $218.100
Section 2: Explanation
To budget for parking lot expansion at the North East Branch Library. Additional parking spaces
are required due to increased traffic to the Library and increased use by the UNCW Executive
Center. With approval of this budget amendment, $5,073,528 of fund balance will be
appropriated.
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 08-011 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 13th day of August, 2007.
iJ~~Q.~
William A. Caster, Chairman
~~, "---~~u}v~
Sheila L. Schult, Clerk to the Board
X 6 ~o. :l. <1.9
REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION
OF AN INSTALLMENT PuRCHASE CONTRACT, DIRECTING THE
PuBLICATION OF NOTICE WITH REsPECT THERETO AND PROVIDING FOR
CERTAIN OTHER MA TIERS RELATED THERETO
WHEREAS, the County of New Hanover, North Carolina (the "County") is a political
subdivision of the State of North Carolina, existing as such under and by virtue of the
Constitution, statutes and laws of the State of North Carolina (the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina
to (1) purchase real and personal property, (2) enter into installment purchase contracts in order
to finance or refmance the purchase of real and personal property used, or to be used, for public
purposes, and (3) grant a security interest in some or all of the property purchased to secure
repayment of the purchase price;
WHEREAS, the Board of Commissioners of the County (the "Board of Commissioners")
hereby determines that it is in the best interest of the County to enter into (1) an installment
purchase contract (the "Contract") with New Hanover County Financing Corporation, a North
Carolina nonprofit corporation (the "Corporation"), in order to pay capital costs of acquiring,
constructing and equipping a six million gallon per day groundwater treatment plant (the "Water
Treatment Plant") and a related well field system (the "Well Field System," together with the
Water Treatment Plant, the "Water Project") to serve customers in the northern section of the
County, and (2) a deed of trust and security agreement (the "Deed of Trust") related to (a) the
County's fee simple interest in the real property on which the Water Treatment Plant and the
improvements thereon are to be located (the "Site"), and (b) the County's interest in the personal
property related to the Site;
WHEREAS, the County hereby determines that it will proceed with the acquisition,
construction and equipping of the Water Project and, in connection therewith, include in the
Deed of Trust the Site of the. Water Treatment Plant;
WHEREAS, the County hereby further determines that the acquisition, construction and
equipping of the Water Project is essential to the County's proper, efficient and economic
operation and to the general health and welfare of its inhabitants; that the Water Project will
provide an essential use and now permit or will permit the County to carry out public functions
that it is authorized by law to perform; and that entering into the Contract and Deed of Trust is
necessary and expedient for the County by virtue of tb,e findings presented herein;
WHEREAS, the County hereby determines that the Contract allows the County to fmance
the Water Project at favorable interest rates currently available in the fmandal marketplace and
on terms advantageous to the County;
WHEREAS, the County hereby determines that the estimated cost of the acquisition,
construction and equipping of the Water Project is approximately $40,000,000 (not including
fmancing costs) and that such cost exceeds the amount that can be prudently raised from
currently available appropriations, unappropriated fund balances and non-voted bonds that could
be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the
Constitution of the State;
WHEREAS, although the cost of financing the acquisition, construction and equipping of
the Water Project pursuant to the Contract is expected to exceed such cost pursuant to a bond
fmancing for the same undertaking, the County hereby determines that the cost of fmancing the
acquisition, construction and equipping of the Water Project pursuant to the Contract and Deed
of Trust and the obligations of the County thereunder are preferable to a general obligation bond
fmancing or revenue bond fmancing for several reasons, including but not limited to the
following: (1) the cost of a special election necessary to approve a general obligation bond
financing, as required by the laws of the State, would result in the expenditure of significant
funds; (2) the time required for a general obligation bond election would cause an unnecessary
delay that would thereby decrease the financial benefits of acquiring, constructing and equipping
the Water Project; and (3) the proposed installment purchase frnancing using a variable rate
demand structure will facilitate, if necessary, the transfer or lease of the Water Project to a water
and sewer authority that has been formed by the County and the. City of Wilmington, North
Carolina;
WHEREAS, the County hereby determines that the estimated cost of fmancing the
acquisition, construction and equipping of the Water Project pursuant to the Contract reasonably
compares with an estimate of similar costs under a bond financing for the same undertakings as a
result of the findings delineated in the above preambles;
WHEREAS, the County does not anticipate future property tax increases solely to pay
installment payments falling due under the Contract in any fiscal year during the term of the
Contract and plans to use revenues derived from the County's water and sewer enterprise fund
and the County's share of sales taxes to pay such installment payments;
WHEREAS, LeBoeuf, Lamb, Greene & MacRae LLP, as special counsel ("Special
Counsel"), will render an opinion to the effect that entering into the Contract and the transactions
contemplated thereby are authorized by law;
WHERE/1S, no deficiency judgment may be rendered against the County in any action for
its breach of the Contract, and the taxing power of the County is not and' may not be pledged in
any way directly or indirectly or contingently to secure any moneys due under the Contract;
WHEREAS, the County is not in default under any of its outstanding debt service
obligations;
WHEREAS, the County's budget process and Annual Budget Ordinance are in
compliance with the Local Government Budget and Fiscal Control Act, and external auditors
have determined that the County has conformed with generally accepted accounting principles as
applied to governmental units in preparing its Annual Budget Ordinance;
WHEREAS, past audit reports of the County indicate that its debt management and
contract obligation payment policies have been carried out in strict compliance with the law, and
the County has not been censured by the North Carolina Local Government Commission (the
2
"LGC'), external auditors or any other regulatory agencies in connection with such debt
management and contract obligation payment policies;
WHEREAS, in accordance with Section 160A-20(g) of the General Statutes of North
Carolina, a public hearing on the Contract after publication of a notice with respect to such
public hearing must be held and approval of the LGC with respect to entering the Contract must
be received; and
WHEREAS, the County hereby determines that all fmdings, conclusions and
determinations of the County in this Resolution are subject to modification or affirmation after
all interested parties have been afforded the opportupity to present their comments at a public
hearing regarding the execution and delivery of the Contract and the Deed of Trust and the
proposed Water Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate Contract. That the County Manager and the
Finance Director, with advice from the County Attorney and Special Counsel, are hereby
authorized and directed to proceed and negotiate on behalf of the County for the financing of the
acquisition, construction and equipping of the Water Project in a principal amount not to exceed
$42,000,000 under the Contract to be entered into in accordance with the provisions of Section
160A-20 of the General Statutes of North Carolina and to provide in connection with the
Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien
and interest in the Site on which the Warer Treatment Plant and the improvements thereon are or
will be located, as may be required by the entity, or its assigns, providing the funds to the County
under the Contract.
Section 2. Application to LGC. That the Finance Director or her designee is hereby
directed to me with the LGC an application for its approval of the Contract and all relevant
transactions contemplated thereby on a form prescribed by the LGC and to state in such
application such facts and to attach thereto such exhibits regarding the County and its [mancial
condition as may be required by the LGC.
Section 3. Direction to Retain Special Counsel, Underwriter. That the County
Manager and the Finance Director, with advice from the County Attorney, are hereby authorized
and directed to retain the assistance of LeBoeuf, Lamb, Greene & MacRae UP, as special
counsel, and the County Manager and the Finance Director are authorized to retain Wachovia
Bank, National Association, as the underwriter.
Section 4. Public Hearing. That a public hearing (the "Public Hearing") shall be
conducted by the Board of Commissioners on September 4, 2007 at 5:30 p.m. at the New
Hanover County Government Center, 230 Government Center Drive, Suite 135 in the Human
Resources Training Center, Room 401, Wilmington, North Carolina 28403, concerning the
Contract, the Deed of Trust, the proposed Water Project and any other transactions contemplated
therein and associated therewith.
3
Section 5. Notice of Public Hearing. That the Clerk is hereby directed to cause a
notice of the Public Hearing, substantially in the form attached hereto as Exhibit A, to be
published once in a qualified newspaper of general circulation within the County no fewer than
10 days prior to the Public Hearing.
Section 6. Repealer. That all motions, orders, resolutions and parts thereof in
conflict herewith are hereby repealed.
Section 7.
adoption.
Effective Date. That this Resolution is effective on the date of its
The resolution was ado{'ted by the following vote:
Chairman Wllliam A. Caster
YEAS Vice Chairman Robert G. Greer
Commissioner Ted Davis, Jr.
Commissioner William A. Kopp, Jr.
Commissioner Nancy H. Pritchett
NAYS
NONE
READ, ApPROVED AND ADOPTED this 131h day of August, 2007.
UL)~i~C~~
William A. Caster
Chairman, Board of Commissioners
ADOPTED AT A REGULAR MEETING
ON AUGUST 13, 2007
ATI'EST:
S\\~~ ~_~~~~
Sheila L. Schult, Clerk to Board
~~~~
Wanda M. Copley, County Attorney
4
COUNTY OF NEW HANOVER
)
)
)
ss:
STATE OF NORm CAROLINA
I, Sheila L. Schult, Clerk to the Board of Commissioners of the County of New Hanover,
North Carolina, DO HEREBY CERTIFY the attached to be a true and correct copy of a
Resolution entitled "REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
PuRCHASE CONTRACT, DIRECTING THE PuBLICATION OF NOTICE WITH RESPECT THERETO
AND PROVIDING FOR CERTAIN OTHER MATTERS RELATED THERETO" adopted by the Board of
Commissioners of the County of New Hanover, North Carolina, at a regular meeting held on
August 13, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the
corporate seal of said County, this ~th day of August, 2007.
~~\ \. ~rllJ ~
Sheila L. Schult
Clerk, Board of Commissioners
5
EXIllBIT A
NOTICE OF PUBLIC HEARING
BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
At its August 13, 2007 meeting, the Board of Commissioners (the "Board of
Commissioners") of the County of New Hanover, North Carolina (the "County"), adopted a
resolution that:
1. Authorized the County to proceed to pay capital costs of acquiring,
constructing and equipping a six million gallon per day groundwater treatment plant (the
"Water Treatment Plant") and a related well field system (the "Well Field System,"
together with the Water Treatment Plant, the 'Water Project") to serve customers in the
northern section of the COlUlty, in an aggregate amount of $42,000,000, pursuant to an
installment purchase contract (the "Contract'), under which the County will make
certain installment payments, for the acquisition, construction and equipping of the
Water Project in order to make the Water Project available to the County; and
2. Authorized the County to proceed to provide, in connection with the Contract,
as grantor, a deed of trust and security agreement (the "Deed of Trust") under which the
site on which the Water Treatment Plant will be located at 7601 Old Oak Road in the
County will be mortgaged by the County to create such lien thereon as may be required
for the benefit of the entity, or its assigns, providing the funds to the County under the
Contract. The improvements on, and personal property related to, the site, will also be
subject to the lien provided in the Deed of Trust.
On payment by the County of all installment payments due under the Contract, the Deed
of Trust and any lien created thereunder will terminate and the County's title to the property
described above will be unencumbered.
NOTICE IS HEREBY GWEN, pursuant to Section 160A-20 of the General Statutes of
North Carolina, that on September 4, 2007 at 5:30 p.m. at the New Hanover County Government
Center, 230 Government Center Drive, Suite 135 in the Human Resources Training Center,
. Room 401, WilJIrington, North Carolina 28403, a public hearing will be conducted concerning
the approval of the execution and delivery of the Contract and the Deed of Trust and the
County's proposed Water Project. All interested parties are invited to present comments at the
public hearing regarding the execution and delivery of the Contract and the Deed of Trust and
the County's proposed Water Project.
/s/ Sheila L. Schult
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
Published: August 20, 2007
A-I
NYC639388.l
z e7I. ~8. f.r;2
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.96
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7,1972 (Area 8B)
CASE: Z-866, 7/07
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 8B is hereby amended by removing the
hereinafter described tracts from the R -10 Residential Zoning District and placing them in
the I-I Industrial District, said lands being described as follows:
A celiain tract or parcel ofland lying and being in Harnett Township, New Hanover
County, NOlih Carolina and being part ofthe Cameron Company, LTD tract described in
book 1356 page 1414, records of New Hanover County, North Carolina and being more
particularly described as follows:
Begimling at an iron at the southeastern corner of Lot 263, Section 13, Wildflower (map
book 32 page 40), said iron is located S 39~30-16 E 152.07 ft. from a concrete control
mon~ent at the intersection of the centerlines of Albemarle Road and Morning Glory
Court: Proceed from said point of beginning N 47-12-54 E 256.70 ft. to an iron in the
eastern line of said Cameron tract, thence with said eastern line S 21-59-22 E 384.07 ft.
to an iron at the southeastem corner of said Cameron Tract, thence with the southern line
of the Cameron Tract S 68-41-47 W 626.57 ft. to a iron, thence leaving said southel11 line
N 12-08-28 E 261.82 ft. to an iron at the southwestern corner oflot 264, Section 13,
Wildflower, thence with the southern line oflot 264 N 65-25~00 E 115.00 ft. to an iron,
thence with the southern line oflot 263 N 41-02-00 E 140.00 ft. to the point of beginning
and containing 3.55 acres according to a survey by Hanover Design Services, P.A. in
June of2007.
All bearings are magnetic relative to map book 27 page 170
....-
Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe
County Commissioners to Change the Zoning Map Area No 8B on file in the office ofthe
County Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any pmi of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare ofthe inhabitants of the County of New Hanover, North Carolina, and shall
be in full force and effect from and after its adoption.
Section 5. The County Commissioners find, in accordance with the provisions ofNCGS
Z-866
Pagelof2
153A-341, that this zoning map amendment of3.55 acres is:
A. Consistent with the purposes and intent of the urban land classification and associated
policies in the 2006 land use plan.
B. Reasonable and in the public interest to "allow an increase of acreage to an existing I-I
Industrial district in proximity to existing industrial development.
Adopted the 13th day of August, 2007.
i)~G.~
William A. Caster, Chairman
Attest:
~\~~ ~ ~~~ X}_
Sheila L. Schult, Clerk to the Board
Z-866
Page 2 of2