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2007-10-01 RM Exhibits AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT OS-036 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-036 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section l: Details of Budget Amendment: Fund: General Fund Department: Non-DepartmentaUOutside Agencies Ex enditure: Decrease Increase Non-De artmental: Contin enc $2,000 Outside A encies: Contribution to NC Beach, Inlet & Waterwa Assoc. $2,000 Total $2 000 $2 000 Section 2: Explanation Contribution of $2,000 to NC Beach, Inlet and Waterway Association for the luncheon at their annual conference on November 12 - 13, 2007. With approval of this budget amendment, the amount in Contingency is $498,000. 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 08-036 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this I5` day of October, 2007. /~~ 0 "(.JnXX^-cam.- Q. ~~,~~. William A. Caster, Chairman ~~ ~~c~. L -~ ~~ Sheila L. Schult, Clerk to the Board x~3o.31. ~... NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Sherman Oaks Drive, Shire Lane and Shady Brook Lane in Shenandoah Woods subdivision (Div. File No: 1094-N) WHEREAS, a petition has been, filed with the Board of County Commissioners o f the County of New Hanover regzzesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Ruud System; cind N~HEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the SeeondaryRoad 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 o f Commissioners o f the County ofNewHanover that the Division of Highways is hereby requested to review the above descrihed road(s), and to take over the road(s) for maintenance if they meet established statdards 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 1St day of October , 2007. WITNESS my hand and official seal this the s~ day of ~~~ , 2007. /NTY • N~ ¢,~ ~'~~~: ~~ n Sheila L. Schuh, Clerk to the Board ~-~ = 'G New Hanover Count Board of Cornrnissioners x ~~. ! Z) y Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.doc x8 30.31. 3 RESOI.,UTION OF TIIE BOARD OF COMMISSIONERS OF NEW IIANOVER COUNTY WHEREAS, New Hanover County has possession of a number of items of personal property which are surplus to its needs and desires to dispose of the items by conducting a public auction; and WHEREAS, the items to be disposed of are listed and submitted as an attachment to this resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners ofNew Hanover County that the Finance Director's designated representative, pursuant to the provisions of G.S. 160A-270 (b), is hereby authorized to dispose of all of the personal property as listed to the highest bidder at a public auction and acceptable forms of payment are cash, check, MasterCard or VISA. A buyer's premium of twelve percent (12%) of the bid price will be added to the price of each item purchased; however, buyers paying by cash or check will receive a two percent (2%} cash discount, and that said representative be further authorized and directed to execute necessary documents, transfer title, add/delete items from the auction list, and perform all necessary functions associated with this auction, to be held Saturday, November 3, 2007 at 9:00 a.m. at the Property Management Maintenance Facility, Division Drive, Wilmington, North Carolina. Adopted this 1St day of October, 2007. ~~ William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Iw 0 ~~ }C33c~.?,1.~ AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-31 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-31 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: Sheriff s Office Ex enditure: Decrease Increase Federal Forfeited Pro e Su lies $71,713 Ca ital Outla -Motor Vehicle 50,000 Total $121 713 Revenue: Decrease Increase Federal Forfeited Pro e Federal Forfeited Pro e $121,713 Total $121 713 Section 2: Explanation To budget Federal Forfeited Property receipts for 9/12/07 and 9/17/07. 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 2008-31 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 15` day of October, 2007. NTY' N lC~,. ~~<r (SE ~_ ~ O ~'~" , 7' z ~~ o ~ z ~/ '~ is ~~ William A. Caster, Chairman Sheila L. Schult, Clerk to the Board ~"°,; ~'qh'y !Y'_,s .. r J ' _.1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS s '; TEXTILE HERITAGE WEEK PROCLAMATION WHEREAS, the South's Textile lndustry was traditionally an essential foundation for much of our region's culture and prosperity, and was an integral part of North Carolina's economic and social. fabric in the 20th century; and WHEREAS, the people of New Hanover County cherish and honor the memory of our own Delgado/Spofford Mill Textile ancestors, whose contributians to our community were vital to the growth and stability of this area; and WHEREAS, we seek to honor the ingenuity and labor of thousands of men, women and children who opened the cotton bales, carded the fiber, spun the yarn, wove the cloth, shipped it to the far corners of the world and maintained the mill village communities, while at the same time weaving a distinct cultural fabric which has embossed its influence in all aspects of our social life including the arts, music, religion, civics, education, business and politics in our region; and WHEREAS, we wish to publicly acknowledge, honor and commemorate those whose old-fashioned "hard work" values continue through their establishment of the Delgado/Spofford Mills Association (www.delgadospoffordmills.com}, whose members recently celebrated their 10th reunion in August and were honored by Governor Mike Easley, in a letter of well wishes for their continued effort as a group to keep the memory and history of such a intriguing piece of New Hanover County alive for generations to come. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 1-7, 2007 be recognized as "Textile Heritage Week" in New Hanover County, and that our citizens are called upon to celebrate the rich history of the textile industry in North Carolina and the efforts of the Delgado/Spofford Mills Association, to help educate and enlighten all of us on their history and contributions to our area. ~~ .- :-~~ r NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching, forcing battered women and their children to seek safe shelter, law enforcement prosecutors to expend valuable resources and families and friends to grieve at the loss of life; and WHEREAS, 1,420 adults and children sought safe shelter or counseling at the Wilmington Domestic Violence Shelter and Services in the year 2006; and WHEREAS, the Wilmington Domestic Violence Shelter and Services, Inc. works toward the elimination of violence and oppression against women and their children and provides emergency support. and services for victims and survivors of domestic abuse; and WHEREAS, on Wednesday, September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, was killed in an act of domestic violence exhibiting to all her coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many. other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find security and an end to their physical and mental attacks.. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to redouble their efforts to obliterate the problem of domestic violence from our families, our neighborhoods and our community. BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners. proclaims October 2007 "Domestic Trolence Awareness Month" in New Hanover County. ADOPTED the 151 day of October 2007. William A. Caster, Chairman _ _ e t: ~. Sheila L. Schult, Clerk to the Board ail ~~ ~ ~ ~~ ;t_ , ~`, ~ C- ~i~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIRE PREVENTION WEEK PROCLAMATION ... z~ ~-a WHEREAS, New Hanover County is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that home fires killed 3,030 people in the U.S. in 2005 - roughly eight people every day; and WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, New Hanover County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2007 Fire Prevention Week theme, "It's Fire Prevention Week - Practice Your Escape Plan!", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. NOW, .THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 7-13, 2007 be recognized as "Fire Prevention Week" in New Hanover County and that important safety messages of Fire Prevention safety activities and efforts of New Hanc Services. our citizens are encouraged to heed the Week 2007, and to support the many public ver County Fire and Rescue Emergency ADOPTED the 1St day of October 2007. ATTEST: Sheila L. Schult, Clerk to the Board ~. William A. Caster, Chairman ,°' ,.` l~ ~ ~~ ~ ~~ ~ ', }`~ ~'~ 1.~ ~ ~~ , ~ ._ -~ ti ~. ~. ~a _~~ r ; ~,~~ ~i, ~ ~. :: ~-- -Y .~ ,, _. ~~_, -,_ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED FEBRUARY 1.7, 1969 CASE: A-360, 05/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. .That the Subdivision Regulations of the County of New Hanover, .North Carolina adopted February 17, 1969, as amended be and the same is herby further amended as follows: Section 51: Guarantees of Improvements ~ 1-1 Final plats of a subdivision shall be approved by the Planning Department after the subdivider has complied with one (1) of the following requirements: (1) The subdivider has installed all required improvements in accordance with the provisions of this ordinance; or (2) Except in the case of Minor Subdivisions, the subdivider of an approved preliminary project in which the total cost of required improvements and administration does not exceed $8,000,000.00 (the "Surety Limit"), may provide a financial guarantee in lieu of constructing improvements. The surety limits stated in this Section shall be adj uated periodically in accordance with an apps°opriate established index as approved by the City or County Attorney. (a) Forn1 of Financial Guarantee. The financial guarantee may take one of two forms: (i) A performance bond, letter of credit or cash security where 25% or more of the total value of the required improvements within the subdivision have been constructed or installed; or (ii) A letter of credit or cash security in an amount not less than 125% of the total cost to construct the required improvements, where the total cost of the required improvements does not exceed the Surety Limit. (b) Conditions and Stipulations: Conditions and stipulations to plat approval under this 51-1 (2) are as follows: (iii)Cost Estimates: The subdivider shall funush a bona fide estimate of the required improvements for verification by the County Engineer. Upon approval of such estimate, the subdivider shall deposit wide the County the performance bond, letter of credit or cash sectuity, as applicable, in the amount of the estimate approved by the County Engineer. (iv) Source of Financial Guarantee: In the event the subdivider obtains a performance bond or letter ~of credit as its form of financial guarantee, such financial guarantee shall be issued by a company authorized to do business in North Carolina. (v) Release of Financial Guarantee: financial guarantees in the form of a performance bond, letter of credit, or cash security may be reduced by the County Engineer if a portion of the required improvements have been installed; inspected and approved. An addendum or amendment to the original performance bond or irrevocable letter of credit shall be required. The following will be added to the defiiution section of the Subdivision Regulations: Performance Bond: A performance bond from a surety financial guarantee company authorized to do business in North Carolina, made issued or made payable to New Hanover County. The performance bond shall be in a form reasonably acceptable to the County. Letter of Credit and Cash Secw°ity: A letter of credit or other instrument readily convertible into cash at face value, deposited either with the County or in escrow with an escrow agent acceptable to the County. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Director of Engineer Services an agreement between the escrow agent and the subdivider guaranteeing the following: (1) that said escrow account shall be held in trust until released by the County as provided herein and may not be used or pledged by the subdivider in any other matter during the term of escrow; and (2) that in the case of failure on the part of the subdivider to complete the required improvements, the escrow agent shall, upon notification bythe County and submission by the County to the escrow agent of an engineer's estimate of the amount needed to complete the required improvements, immediately either pay to die County the funds estimated to complete the required improvements, up to the full balance of the escrow account; or deliver to the County any other instruments fully endorsed or otherwise made payable in full to the County. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and~general welfare of the ii~lzabitants of the County of New Hanover, North Carolina, anal shall be in full force and effect from and aftei° its adoption. Adopted the ls` day of October 2007. William A. Caster, Chairman Attest: Sheila L. Schulz, Cleric to the Board A-360, 05/07 xa3©.3~.9 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, UPDATED APRIL 2007 A-364 9/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ®RDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: [Add to Table of Permitted Uses in the category of Transportation, Commuiucation, Utilities] Amateur Radio Antennas P P P P P P P P P P P P P P (up to 90 feet} Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to comply with Session Law 2007-147 relating to NNCGS 153A-341.2 Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 1st day of October, 2007. William A. Caster, Chairnan Attest: Sheila L. Scliult, Clerk to the Board X ~3a. 31. ~o STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IN THE MATTER OF RENAMING TURNER NURSERY ROAD (SR 1406) TO DEEP CREEK RUN BEFORE THE BOARD OF COUNTY COMMISSIONERS ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming of Turner Nursery Road located near the 7300 block of Mason Landing Road and extending southeast approximately 950 feet. A public hearing was held on Monday, October 1, 2007 at which time all persons were heard on the question of whether or not the renaming would be in the public interest; and it fiuther 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 renamed and the renaming 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 renamed Deep Creels Run. IT IS FURTHER ORDERED that a copy of this 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, the North Carolina Board of Transportation a11d to any city withhl five (~) miles of said road in accordance with N.C. General Statues 153A-240. Adopted this the 1 S` day of October 2007. Attest: Sheila L. Schuh, Clerk to Board William A. Caster,.Cliainnan ~° ~ ~c~ '~ ~~~ ~~o 4~~ ~rb ^~.' J RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G.S. 158-7.1 authorizes counties to make appropriations for the purpose of aiding and encouraging the location of manufacturing enterprises and locating industrial and commercial plants in the County; and WHEREAS, GE -Hitachi Nuclear is considering expansion of its business located in New Hanover County; and WHEREAS, such an expansion would include a real and personal property investment of a minimum of nine-hundred-million dollars ($900,000,000) and employment of 900 additional employees; and WHEREAS, notice of a public hearing on an economic development grant was advertised on September 20, 2007 in accordance with G.S. 158-7.1; and WHEREAS, the New Hanover County Board of Commissioners desires to encourage such economic growth and development. NOW, THEREFORE, BE IT RESOLVED THAT New Hanover County will contribute to an economic development grant for GE -Hitachi Nuclear not to exceed ten-million dollars ($10,000,000), payable over a period of twelve (12) years. This 1St day of October 2007. ~~Q~ri ~. ~~~~ William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board x ~ ~ n. 3 (, i ~.- RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G.S. 158-7.1 authorizes counties to make appropriations for the purpose of aiding and encouraging the location of manufacturing enterprises and locating industrial and commercial plants in the County; and WHEREAS, INVISTA is considering expansion of its fiber and polymer business located in New Hanover County; and WHEREAS, such an expansion would include a real and personal property investment of a minimum of two-hundred-million dollars ($200,000,000) and employment of 50 additional employees; and WHEREAS, notice of a public hearing on an economic development grant was advertised on September 20, 2007 in accordance with G.S. 158-7.1; and WHEREAS, the New Hanover County Board of Commissioners desires to encourage such economic growth and development. NOW, THEREFORE, BE IT RESOLVED THAT New Hanover County will contribute to an economic development grant for INVISTA not to exceed three-million dollars ($3,000,000), payable over a period of six (6) years. This 1St day of October 2007. William A. Caster, Chairman ATTEST: cY ~ ~\ °,~ ~ C` Sheila L. Schult, Clerk to the Board ° ~~~" ~~ , ~.:r, ~~ i ~ fi~ ib ,, _ ~ ~,. es7Ax~ X 6 30.31. 13 A Resolution for the Authorization and Sale of New Hanover County°s $50,000,000 General Obligation Bonds, Series 2007. WHEREAS, the bond order hereinafter described has taken effect, and it is desirable to make provision for the issuance of bonds authorized by said bond order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: 1. Pursuant to and in accordance with the school bond order adopted by the Board of Commissioners on March 14, 2005, the Issuer shall issue its bonds in the aggregate principal amount of $50,000,000. The bonds shall be designated "General Obligation School Bonds, Series 2007" (hereinafter referred to as the "Bonds"). The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from October 30, 2007. 2. The Bonds shall be dated October 30, 2007 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable on August 1, 2008 and semi-annually thereafter on February 1 and August 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter set forth, annually on February 1, as follows: Year Principal Amount Year Principal Amount 2009 $ 2,500,000 2018 $ 2,500,000 2010 2,500,000 2019 2,500,000 2011 2,500,000 2020 2,500,000 2012 2,500,000 2021 3,500,000 2013 2,500,000 2022 3,500,000 2014 2,500,000 2023 3,500,000 2015 2,500,000 2024 3,500,000 2016 2,500,000 2025 3,500,000 2017 2,500,000 2026 2,500,000 Interest will be payable to the registered owners of the Bonds shown on the records of the hereinafter designated Bond Registrar of the Issuer on the record date which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding an interest payment date. 3. The Bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. The book entry system will evidence ownership of the Bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable at the times stated in the preceding paragraph, and principal of the Bonds will be paid annually on February 1, as set forth in the foregoing maturity schedule, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, or (b) the Issuer determines that continuation of the book entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Issuer will discontinue the book entry system with DTC. If the Issuer fails to identify another qualified securities depository to replace DTC, the Issuer will authenticate and deliver replacement Bonds in the form of fully registered certificates. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date, or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid. The principal of and the interest on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof. 4. The Bonds shall bear the manual or facsimile signatures of the Chairman or the Vice Chairman and the Clerk to the Board of Commissioners of the Issuer and the official seal or a facsimile of the official seal of the Issuer shall be impressed or imprinted, as the case maybe, on the Bonds. The certificate of the Local Government Commission of North Carolina to be endorsed on all Bonds shall bear the manual or facsimile signature of the Secretary or Acting Secretary of said Commission or of a representative designated by said Secretary or Acting Secretary and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter. In case any officer of the Issuer or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers. No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. 5. The Bonds and the endorsements thereon shall be in substantially the following form: NO. R- United States of America State of North Carolina NEW HANOVER COUNTY INTEREST GENERAL OBLIGATION SCHOOL BOND, SERIES 2007 1VIATURITY DATE OF ORIGINAL ISSUE CUSIP RATE DATE February 1, _ REGISTERED OWNER: CEDE & CO. PRINCIPAL SU1VI: October 30, 2007 DOLLARS NEW HANOVER COUNTY (hereinafter referred to as "County"),apolitical subdivision of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on the date specified above, upon surrender hereof, at the office of the Finance Officer of the County (the "Bond Registrar"), the principal sum shown above and to pay to the registered owner hereof, at his address as it appears on the bond registration books of the County, interest on such principal sum from the date of this bond [or from the February 1 or August 1 next preceding the date of authentication to which interest shall have been paid, uriless such date of authentication is on February 1 or August 1 to which interest shall have been paid, in which case from such date], such interest to the maturity hereof being payable on August 1, 2008 and semi-annually thereafter on February 1 and August 1 of each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this bond is registered at the close of business on the record date for such interest, which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding such interest payment date. Both the principal of and the interest on this bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act of the State of North Carolina, as amended, a bond order adopted by the Board of Commissioners of the County on March 14, 2005 (the "Bond Order") and a resolution adopted by said Board of Commissioners on October 1, 2007 (the "Resolution") to provide funds, together with other funds of the County, to pay capital costs of providing additional school facilities and improvements to existing school facilities for the County. The issuance of this bond and the contracting of the indebtedness evidenced thereby have been approved by a majority of the qualified voters of the County voting at a special election held in the County on May 10, 2005. The bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC") and immobilized in its custody. The book entry system will evidence ownership of the bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The bonds maturing on and after February 1, 2018 shall be subject to redemption prior to their stated maturities at the option of the County on or after February 1, 2017, in whole or in part at any time, at a redemption price of 100% of such principal amounts plus interest accrued to the date fixed for redemption. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected in such manner as the County shall determine; provided, however, that the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting bonds for redemption, the Bond Registrar shall treat each bond as representing that number of bonds which is obtained by dividing the principal amount of such bond by $5,000. For so long as a book-entry system with DTC is used for determining beneficial ownership of the bonds, if less than all of the bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the bonds within a maturity are to be redeemed. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any bonds to be redeemed, whether such redemption be in whole or in part, the County shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. On the date fixed for redemption, notice having been given as aforesaid, the bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided for the redemption of such bonds or potions thereof on such date. If a portion of this bond shall be called for redemption, a new bond or bonds in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof. The Bond Registrar shall keep at her office the books of said County for the registration and registration of transfer of bonds. The transfer of this bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall deliver in exchange for this bond a new bond or bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unpaid principal amount of this bond, of the same maturity and bearing interest at the same rate. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity, of any denomination or denominations authorized by the Resolution and bearing interest at the same rate. The Bond Registrar shall not be required to exchange or register the transfer of any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or of any bond called for redemption in whole or in part. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Bond Order or the Resolution mentioned herein until this bond shall have been endorsed by the authorized representative of the Local Government Commission of North Carolina and authenticated by the Bond Registrar. IN WITNESS WHEREOF, the County has caused this bond to be manually signed by or[to bear the facsimile signatures of the Chairman and the Clerk to the Board of Commissioners of the County and [a facsimile ofJ its official seal to be imprinted or impressed hereon, and this bond to be dated October 30, 2007. This the ~_day of October, 2007 William A. Caster Chairman, Board of Commissioners C~ I~1 \a ~ ~~~ Sheila L. Schult Clerk, Board of Commissioners AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED August 5, 2002 Z-873, 9/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tract from the CD(O&I) Conditional Use Office and Institutional Zoning District Classification and placing it in the Office and Institutional District free from the conditions and approved site plan of Z-736 (2/02), said land being described as follows: BEING all of thatparcel of land known to the New Hanover County Land Records as Parcel R07100-003-067-000 and being more particularly, described in Book 1938,Page 0876 of the New Hanover County Registry, BEING all of that pm~cel of land described as Tract 'B" on that map entitled "OVERTONDIi~7SlON" recorded in Map Book 35 at Page 33 in the office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more particular description. Section 2. The County Clerk is hereby authorized. and directed under the supervision of the County Commissioners to Change the Zoning Map No. 4 on file in the office of the County Commissioners, so as to snake it comply with this ordinance. Section 3. Any ordinance or any part 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 of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Section 5. In accordance with NCGS-153A-341, The County Commissioners find that this request for zoning map amendment of approximately 1.65 acres from CD(O&I) conditional office and institutional district to O&I office and institutional district is: 1. Consistent with the purposes and intent of the Urban land classification and the associated land use policies adopted in the 20061and use plan; 2. Reasonable and in the Rublic interest to remove the existing conditional use district designation, thereby rescinding the special use permit associated with Z-736 (2/02) and allowing a general office & institutional district to abut a residential neighborhood in this location. Adopted the lst day of October, 2007. O 3. w1TV ti~ X19 !a G~ ~ ~.. William A. Caster, Chairman Attest: Sheila L. Schult, Clerk to the Board ..~c.c ~ ~ 1l. l ~ 1 C®U1~1TY ®F l~EW HAl~T®VER STATE OF N®RT~-I CAI2®LINA ®~ZDER TO ISSUE AN ADDENDUM To Special iJse ®rder for Case: 5-004, (1/77; 7/90); modification 9/07 This order supplements and amends a special use permit originally issued in January, 1977 for a commercial marina facility at 2107 Middle Sound Loop Road. The permit was later modified in July of 1990. As a result of property transfers, additional modification has been proposed to allow for reduction in size of the property encumbered for this section of the commercial marina from 2.01 acres to not less than 27,398 sq. ft. with the remaining acreage to be developed for single family residential building lots. Proposed lot number 2 will retain rights to exclusive use a future non-commercial single family boat ramp. A public hearing was held before the County Commissioners on October 1, 2007 to consider modifications to the existing approved permit, said hearing resulting in the following findings: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans, as modified, submitted to the County Commssioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; naively that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is accessed via Middle Sound Loop Road, which is identified as an urban collector on the 2030 Long Range Transportation Plan with Level of Service B. B. Public water is in the vicinity. C. Public sewer is subject to the Northeast Interceptor moratorium. D. The site is located in a special flood hazard area. E. Stormwater controls must comply with state and county regulations. F. A proposed 4-story clubhouse amenity will contain restrooms, offices, storage; meeting area and an apartment appurtenant to the marina operation. The building will be subject to limitations and construction standards for flood hazard areas. G. The modification eliminates boatyard operations and maintains the facility without haul- out repair and maintenance services. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Comrissioners make the following FINDINGS OF FACT: A. The site is located in an R-20S Residential Zoning District. The district is intended for low density single family residential use and does not permit mobile homes, duplexes, residential clusters, attached residential or high density residential uses. B. Commercial marinas maybe allowed by special use permit in this district under conditions outlined in 72-31 of the ordinance. A dwelling unit contained in a principal use will be subject to the conditions of 72-29 of the ordinance. C. No outstanding violations of this portion of the existing permit have been noted by code enforcement officials. D. Proposed off-street parking is shown at 46 spaces. The requirement for the 30-slip marina is 30 spaces. The proposed clubhouse/amenities building will require adequate combined parking to be in compliance with all requirements of the ordinance for all proposed uses. E. A CAMA major permit is required from the Division of Coastal Management. Based on the most current proposal, a modification of the current applicant may be required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed .in the Ordinance; namely that the use will not substantially injure the value of adjoiiing or abutting property, or that the use is a public necessity. In support of this conclusion, the Comrissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. All riparian rights will be subdivided into and retained by the marina property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commmissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies this location as Watershed Resource Protection and Conservation. The Resource Protection Class is intended to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resource. Watershed Resource Protection sub-class focuses on minimizing new impervious surfaces and to promote low impact best management practices for development and redevelopment. The Conservation Class is intended to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. B. Surrounding properties are the remainder of the original commercial marina (Oakwinds Section) and single family residences. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. Other: 1. All other applicable federal, state and local laws and requirements. 2. Dry storage of boats will not be allowed. Ordered this 1st day of October, 2007. GO~~.1TY • ~O~ ~i~~~/v~ci~-.^ `rc - C1. ~- a ~, William A. Caster, Chairman >~ o '~~:,. ~ Attest: ¢ - fl (~ ` s ~; Sheila L. Schult Clerk to the Board COUNTY OF NEVV HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT ForA 7-Slip Community,Boating Facility in an R-15 Residential Zoning District 5-579, 09/07 The County Commissioners for New Hanover Count) having held a public hearing on October 1, 2007 to consider application number S-579 submitted by Generation Builders for a special use permit to locate a Community Boating Facility in a R-15 Residential District located in the waters of Whiskey Creek and associated with Masonborough Plantation Subdivision on Donnelly Lane and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commnissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is accessed via Donnelly Lane to Masonboro Sound Road., which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service B. B. The landward portion of the project is within the City of Wilmington municipal boundary (annexation was effective as of September 30, 2000). C. City Water and Sewer serve the area. D. Fire service will be provided by the City of Wilmington ~. Stormwater will be regulated by the City of Wilmington. F. The facility is designed to accommodate 24 ft. and smaller boats stored in slips with lifts. ~. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. h~ support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located within the City's planning jurisdiction on the landward portion but Whiskey Creek remains in the County's jurisdiction, so county rules apply to the boating facility. $. The facility will serve a 22-lot subdivision within the City of Wilmington. C. Community Boating Facilities are allowed by Special Use Permit in the R-I S Residential Zoning District. D, Off-street parking will be accommodated at home sites in the subdivision. E. A 10-foot pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities are proposed or allowed for the facility. G. A CAMA permit will be required from the Division of Coastal Management S-579, 09/07 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF TACT: A. No evidence has been presented at this time that the proposed use will injure the value of adjoining or abutting propert}% values. B. Other private docks and community boating facilities are located along Whiskey Creek. C. Whiskey Creelc experiences a significant fluctuation in water body width and a severely limited channel width at low tide. Careful design is necessary to avoid navigational conflicts for other users of the creel:. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in genes°al conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hancwer County Comprehensive Plan classifies this location Conservation B. Surrounding properties to the east a11d west have dock. C. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. D. The waters of Whiskey Creek are classified as SA(Shellfishing); HQW(High Quality Waters) 303(d) impaired ~~~ater quality. E. Surrounding land uses include single-family housing, some with docks and piers. 6. Therefore, because the CoLmty Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other state or federal requirements. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: (a) The right to use a community boating facility must be conferred by a properly recoi°ded easement appurtenant to the residential lot(s) it is intended to serve. (b) No commercial activities of any kind shall be allowed within the confines of the facility. (c) A conununity boating facility may be allowed in tidal waters in lieu of private individual docks provided they-meet the following criteria. (d) Community boating facilities shall be designed and maintained without dredging in any SA waters, Outstanding Resource Waters (ORW) or Primacy Nursery Areas (PNA). (e) Use of facilities will only be allowed by residents of the subdivision in which the community boating facility is constructed and such use may not be transferred to anon-resident or comi~~ercially let to anon-resident of the subdivision. (f) One boat slip may be allowed per residential unit up to a maximum~of ten (] 0) boat slips per community boating facility. S-579, 09/07 (g) Waterfi-ont properties included within the subdivision are prohibited from constructing private docks. (h) A platted subdivision may not be further subdivided and qualify for an increased allowance of boating facilities over that entitled to the original platted subdivision. (i) A maintenance plan shall be approved by the City that includes best management practices to prevent, control, or minimize the entry of any substances that can be toxic to aquatic biota, pose a threat to human health, or degrade water quality. Such substances that shall be controlled include, but are not limited to paint chips or sandings, oil and grease, fuel, detergents, sewage and fish waste. (j) Community boating facilities. are required to adhere to the following restrictions and best management practices: (]) Facility uses are limited to mooring, landing, aid storage of boats. (2) The number of boats maintained on the site may not. exceed the number of mooring slips permitted. (3) No boat maintenance and no boats with heads are permitted at any community boating facility. (4) Exterior storage on the site is prohibited. (5) No underwater hull cleaning is permitted. (6) Manage boating activities to decrease turbidity and physical destruction of shallow water habitat by restricting boater traffic in shallow water areas; establishing and enfoi°cing no wake cones to decrease turbidity, shore erosion and damage. (7) No impervious surfaces will be allowed in association with a community boating facility. Ordered this 1 sr day of October, 2007 William A. Caster; Chairman Attest: ~~ Sheila L. Schuh, Clerl: to the Board °I ~`~~.: ~1I~ ~~s~~~~s S-579. 09/07