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2008-03-10 RM Exhibits X 631 Ct>.1 AGENDA. March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-195 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-195 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: Health/Administration/Women's Preventive Health Exnenditure: Decrease Increase Health/Administration. Salaries and Wages $5,100 Health/Women's Preventive Health. Supplies $8,295 Total $13,395 Revenue: Decrease Increase Health/Administration. NC Department of Health & Human Services funds $13,395 Total $13 395 Section 2. Explanation To budget receipt of funds from NC Department of Health and Human Services, Division of Public Health, to participate in a Random Moment Time Study to support publIc health activities. The Health Department is requesting approval for a new part-timy (20 hours/week) Administrative Support Technician. 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 08-195 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10lh day of March, 2008 W~ Robert G Greer, Chairman ATTEST ~} L:\fA ~.. ~(J~l \ 1l.- Sheila L. Schult, Clerk to the Board XB :3 I. it,. 2 lL AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-171 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-171 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: Museum/Grassroots Grant EXDenditure: Decrease Increase Grassroots Grant: Contracted Services $5,074 Advertising Expenses 600 Total $5,674 Revenue: Decrease Increase Grassroots Grant: Grassroots Grant $5,674 Total $5,674 Section 2: Explanation To budget receipt of the North Carolina Humanities Grant that supports our Community Conversations Program. This Program brings 7 noted history/environmental scholars to the community for staff development and public programs, including the Longleaf Pine Forest gallery scheduled to open in 2010. Four public programs will be formatted, encouraging community participants to dialogue about the scholars' research and exhibit content. 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 08-171 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. W!J~ Robert G. Greer, Chairman ATTEST: '~ XB31.li>.:Lb AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-172 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-172 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: Museum/Cape Fear Museum Association EXDenditure: Decrease Increase Museum: Temporary Salaries $7,140 Social Security Taxes 547 Contracted Services 4,200 Supplies 34,852 Total $46 739 Revenue: Decrease Increase Museum: Cape Fear Museum Association Contribution $46,739 Total $46,739 Section 2: Explanation To budget contributions received from the Cape Fear Museum Associates, Inc., to support Flavor of the Past program, Ocean exhibit, and 50% temporary salaries for Museum EducatorlFacilitator. 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 08-172 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. ~ Robert G. Greer, Chairman ATTEST: ~-\ ~ } l..,,\ \.-. \.-. " u ~ k She! a L. Schult, Clerk to the Board y...~ 5l.l".:L~ AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-174 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-174 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: DSS/ Energy Assistance Exnenditure: Decrease Increase Energv Assistance: Assistance Payments $227,239 Total $227,239 Revenue: Decrease Increase DSS-Administration: 1571 Funds - Federal/State $227,239 Total $227.239 Section 2: Explanation To budget additional Crisis Intervention Program (CIP) funds of $227,238.64 received from the State for energy assistance. The increased allocation is a one-time event, and there are no additional matching County monies required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-174 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. ~ Robert G. Greer, Chairman ATTEST: ~\" \ ~~\I~ Sheila L. Schult, Clerk to the Board XB:31 .~. 'Lei- AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-183 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-183 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: Sherifrs Office Exnenditure: Decrease Increase Sheriff Administration: Court Ordered Expenditures $114,985 Total $114,985 Revenue: Decrease Increase Sheriff Administration: Court Ordered Proceeds $114,985 Total $114,985 Section 2: Explanation To budget funds received by Court Order from the State of North Carolina, Superior Court Division, for cash alleged to be proceeds from illegal activities. Funds ordered forfeited to the New Hanover County Sheriffs Office to be used at the discretion of the Sheriff of New Hanover County. Court Order signed by Superior Court Judge W. Allen Cobb, Jr. Funds were lawfully seized and subject to forfeiture pursuant to N.C. G.S. 14-292. 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 08-183 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. 2Jj~ Robert G. Greer, Chairman ATTEST: ~\~.\'^ ':>._~" \1 She! a C Schult, Clerk to the Board 'I 8 .3 I . l.D.2 e. AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF,COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-184 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-184 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: Sherifrs Office/Gang Task Force Exnenditure: Decrease Increase Gang Task Force: Contracted Services $2,019 Supplies 7,859 Emp]oyee Reimbursements 1,000 Total $10,878 Revenue: Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $5,851 Gang Task Force Grant: Dept. of Juvenile Justice & Delinquency Prevention Grant 5,027 Total $10,878 Section 2: Explanation To carry over unspent balance of Department of Juvenile Justice and Delinquency Prevention grant funds of $5,027 and $5,851 unspent local match funds for the Gang Task Force grant. The Gang grant was a two- year grant award and State approval to carry over the unspent grant funds from year one to year two was just recently received. Prior to actions taken at this Board of County Commissioners meeting, the revised Appropriated Fund balance is $9,233,176. 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-]84 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. ATTEST: ~~\1t \ - ~~J\j\\~ Sheila L. Schult, Clerk to the Board )(B3(.~. :l.~ AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-190 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-190 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: Health/Public Health Bioterrorism Exnenditure: Decrease Increase Public Health Bioterrorism: Contracted Services $2,000 Supplies 16,000 Training & Travel 2,000 Total $20,000 Revenue: Decrease Increase Public Health Bioterrorism: Cities Readiness Initiative Grant $20,000 Total $20,000 Section 2: Explanation To budget receipt of grant funds for NHC Health Department's Public Health Regional Surveillance Team (PHRST) from the NC Department of Health and Human Services, Epidemiology Section, Public Health Preparedness and Response Office for the Cities Readiness Initiative. Funds will be used to maintain kits that will allow our PHRST and Local Bioterrorism team to have the necessary medical and non-medical supplies to respond to a disaster. Funds will also be used to help other counties in the PHRST Region 2 conduct training exercises. 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 08-190 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. _W~ Robert G. Greer, Chairman ATTEST: ~lj ^\. '- ^ ~\ \ili ~~ Sheila L. Scnult, Clerk to the oard X 8 3/.~. ':t5 AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-191 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-191 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: Health/NC Pandemic Influenza Planning Exnenditure: Decrease Increase NC Pandemic Influenza Planning: Contracted Services $4,000 Supplies 44,500 Training & Travel 2,000 Total $50 500 Revenue: Decrease Increase NC Pandemic Influenza Planning: Emergency Preparedness Pandemic Influenza Grant $50,500 Total $50 500 Section 2: Explanation To budget receipt of grant funds for NHC Health Department's Pandemic Influenza program from the NC Department of Health and Human Services, Epidemiology Section, Public Health Preparedness and Response Office for Emergency Preparedness Pandemic Influenza. These funds will be used to purchase supplies that will allow us to respond to a local event; such as, a generator, pop-up tents, medical supplies, vests to identify staff in the Incident Command structure, medical books, and other similar items. 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 08-191 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. ATTEST: ~lj~\ \ ~~,\l Sheila L. Schult, CIerK to the oard' y: 8 31 . ~. 2" h AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-192 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-192 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: HealthlWomen's Preventive Health Exnenditure: Decrease Increase Women's Preventive Health: Supplies $60,000 Total $60,000 Revenue: Decrease Increase Women's Preventive Health: Family Planninl! (Title X) Grant $60,000 Total $60.000 Section 2: Explanation To budget receipt of grant funds for NHC Health Department's Women's Preventive Health program from the NC Department of Health and Human Services, Division of Public Health, Family Planning (Title X). These funds have been awarded as one-time bonus funds based on performance as demonstrated in increased caseload of family planning patients. These funds will be utilized for medical and office supplies related to family planning, condoms, and birth control/contraceptives. 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 08-192 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this lOth day of March, 2008. W~ Robert G. Greer, Chairman 1831.l.P.:2i AGENDA: March 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-193 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-193 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/Partnership for Children EXDenditure: Decrease Increase Partnership for Children: Salaries and Wages $2,500 Supplies 1,570 Total $4 070 Revenue: Decrease Increase Partnership For Children:, Jlartnership for Children $4,070 Total $4,070 Section 2: Explanation To budget additional funds of $4,070 received for the Smart Start for Growing Readers program. These funds will provide increased training for Child Care workers and develop training materials for distribution. Additional Early Literacy books will also be purchased. , 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 08-193 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. WA~ Robert G. Greer, Chairman ATTEST: X 133I.LD.1..j . AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-194 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-194 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 Exnenditure: Decrease Increase Library: Supplies - Books & Periodicals $20,000 Supplies 4,424 Total $24 424 Revenue: Decrease Increase Library: State Aid $24,424 Total $24 424 Section 2: Explanation To increase budget to actual amount of grant for FY07-08. Additional funds of $24,424 were received from the NC Department of Cultural Resources Aid to Public Libraries Grant Fund. The original allocation of $187,581 has been increased to $212,005. 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 08-194 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. WiJ~ Robert G. Greer, Chairman ATTEST: X 13 "3 f. &>.:L 1<.. AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-92 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-92 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: $125 Million School Bonds Capital Project Department: Finance Exnenditure: Decrease Increase Transfer to General Fund $313,894 Total $313,894 Revenue: Decrease Increase Investment Earnings $313,894 Total $313,894 Fund: General Fund Department: Commissioners Expenditure: Decrease n Increase Total Revenue: Decrease Increase Transfers in from Capital Proiects (Fund 333) $313,894 Appropriated Fund Balance $313,894 Total $313.894 $313,894 Section 2: Explanation This budget amendment closes Fund 333, the 1997 $125 Million School Bonds Project. The remaining investment earnings will be transferred to General Fund / Fund Balance. Prior to actions taken at this Board of County Commissioners meeting, the revised Appropriated Fund balance is ' $9,233,176. 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 2008-92 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. X 8 3 f . ~.:L.1 AGENDA: March 10,2008 , NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-95 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-95 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: Sherifrs Office Exnenditure: Decrease Increase Controlled Substance Tax: Supplies $13,100 Total $13,100 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $12,344 Interest on Investments 756 Total $13 100 Section 2: Explanation To budget 1/24/08 receipt of $12,344 and $756 interest earned October 2007 through January 2008. 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 2008-95 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. flJ.J tJ0i- Robert G. Greer, Chairman ATTEST: %~}~. ~. ~~\ Sheila L Schult, Clerk to the Board AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-96 163 l. Ie , ~m BE IT ORDAiNED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-96 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 $72,672 Total $72,672 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $69,999 Interest on Investments 2,673 Total $72,672 Section 2: Explanation To budget January 13,18,31,2008, receipts of $69,999 and $2,673 interest earned October 2007 through January 2008. 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 2008-96 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this 10th day of March, 2008. WA~ Robert G. Greer, Chairman ATTEST: ~\\;\ "-. ~~~ Sheila . Schult, Clerk to t e oard Xi3~;^~.;~m NEW HANOVER COUNTY BOARD OF COMMISSIONERS d ~EI liJ~ . .," L. UJ J FAIR HOUSING MONTH PROCLAMA TJON WHEREAS, the New Hanover Human Relations Commission and the Friends of Human Relations, Inc. are sponsoring Fair Housing Month; and WHEREAS, the New Hanover Human Relations Commission seeks the elimination of housing discrimination through public awareness and housing community education and understanding of Fair Housing Laws; and WHEREAS, we encourage all citizens to respect, work, and support the establishment of fair and equitable housing for all persons .regardless of race, religion, sex, color, disability, and familial status; and ~ .c> WHEREAS, through" personal commitment to the value of justice and Civil Rights, specifically as they pertain to housing, each of us can help to preserve, protect, and perpetuate the rights of others to freedom, liberty, and justice. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2008 be recognized as "Fair Housing Month in New Hanover County". All citizens are called upon to join forces in creating and practicing a mutual bond of recognizing and respecting differences, and resolve to accept a . personal challenge to provide fair housing opportunities to all citizens of New Hanover County. ADOPTED this the 10th day of March, 2008. ATTEST: 1J:ro~ Robert G. Greer, Chairman NEW HANOVER COUNTY S\\~~~ ~. ~~\IJ)A- . ,h Sheila L. Schult, Clerk to the Board [!~ --- 1:11_ .1 .[ 18- _ .r. .~ I I fl. ~il, t w~ f~ f~ .~ ~ '.!Ii .1.' .' , ~; >'II.. U~ > iD NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON, NC 28403 (910) 798-7149 . (910) 798-7145 FAX. WWW.NHCGOV.COM Robert G. Greer, Chairman. William A. Caster, Vice-Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett, Commissioner Sheila L. Schult, Clerk to the Board f.831. tD. ~a. RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County Sheriff's Office desires to purchase a Robinson R-44 Helicopter equipped with Police Package from Segrave Aviation, Inc.; and WHEREAS, The R-44 Police Helicopter is designed, manufactured, and tested by Robinson as a complete FAA-approved police helicopter; and WHEREAS, Segrave Aviation, Inc. is the only authorized Robinson R-44 Helicopter dealer which includes sales and service in North Carolina; and WHEREAS, General Statutes 143-129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. periormance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration; and WHEREAS, the Sheriff, the Finance Director, and the County Manager recommends that the purchase be awarded to Segrave Aviation, Inc., as a sole source provider for this equipment. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County that the sole source purchase be entered into with Segrave Aviation, Inc. in accordance with the sole source provision in G.S.143-129(e)(6) in the amount of $683,050. ADOPTED this the 10th day of March, 2008. NE::;!;6~ Robert G. Greer, Chairman ~\~:\t- ~ ~~\\\\- Sheila L Schult, Clerk to title Board ATTEST: AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDlNJ\NCE AMENDING THE FISCAL YEAR 2008 BUDGET , BY BUDGET AMENDMENT 2008-84 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that the following Budget Alnendment 2008-84 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. I Section 1: Details of Bupget Amendment: Fund: Federal Forfeited Property Department: Federal Fhrfeited Property I Yt3 ~l. {".'+b Revenue: I Decrease Increase Federal Forfeited Property Receipts $345,067 I Total I $345.067 Exnenditure: I Decrease Increase Transfer to General Fund (Uniform Patrol) $345,067 I Total I $345,067 Section 1: Details of BJdget Amendment: Fund: General Fund I Department: Uniform Patrol , , I Revenu'e: I Decrease Increase Transfer in from Federal Forfeited Property Fund $345,067 I Total I $345,067 Exoenditure: I Decrease Increase Motor VehicIes I $345,067 I Total I $345.067 Section 2: EXPlanatioJ This budget amendment is to increase Uniform Patrol's budget for the purchase of a helicopter. The revenue will cornel from future receipts of Federal Forfeited Property revenues. Part of the cost of the helicopter will be funded by a grant from the Department of Homeland Security. I Section 3: Documentation of Adoption: This ordinance shall be ~ffective upon its adoption. I NOW, THERiEFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, Northl Carolina, that the Ordinance for Budget Amendment 2008-84 amending the annual budge' mdin,n,e fn' thr fisc,J yeM ending Jnne 30, 2008, is '~ Adnpted, this 10' d,y ofM,,,h, 2008. VIJ~ Robert G. Greer, Chairman ~ST: ; ~ ~\~~\~ '- - ~~\l~\ Sheila L. Schult, Clerk to the Board , I, X t3..,~,J :,_~. 5 , ,.' :GHSP~06-A.' North Carolina Gover'nor's Highway Safety Program' LOCAL GOVERNMENTAL RESOLUTION Form GHSP-06-A (To be completed, attached to and become part of Form GHSP-06, Highway Safety Equipment Project Contract.) Ivli\ R 1 ;~ ',) n,'''' (), . ill, .l. J l-. Lj~:J(J WHEREAS, the ~,iew Hanover County Sheriff's Office (herein called the "Agency") (The Applicant Agency) has completed an application contract for traffic safety funding; and that i'lew Hanover County Board of (The Governing Body of the i\gency\ Commissioners (Ilerein called the "Governing Body") has thoroughly considei'ed the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners iN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington, I'JORTH CAROLINA, THIS 10th DAY OF March 2008, 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 Sheriff's Office (Name and Title of Representative) is authorized to file, on behalf of the Governing Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $ 262,479 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 $ 48,500 ' 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 DATE \0\c,\.(\ \Q ~006 ,6, That this resolution shall take effect immediately u DONE AND ORDERED in open meeting by ATTESTED BY ~'~\ . , '",-" \ , --.. ~l I,' \" \ ~~v\u L\-. (Clerk) Rev, 5/04 XB~l.u>.1o RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, Tom Matheson has served the citizens of New Hanover County for fourteen years in his capacity as Warning Coordination Meteorologist with the National Weather Service Forecast Office in Wilmington; and WHEREAS, educating and informing the public about the weather around them has been his passion and the focus of his career; and WHEREAS, during his tenure he was called upon to provide seasoned insight and professional guidance on numerous occasions when Tropical weather threatened our community; and, WHEREAS, he worked closely with the emergency response community, local governments, public schools and the University of North Carolina at Wilmington to help them complete the requirements necessary to become StormReady communities that are better prepared to save lives from the onslaught of severe weather through better planning, education and awareness; and WHEREAS, he recently worked with Emergency Management, Carolina Beach, Kure Beach and Wrightsville Beach, and together completed the educational outreach programs and placement of appropriate signage to designate this community as TsunamiReady; and WHEREAS, he possesses an uncanny ability to bring weather down to earth. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby thank and recognize Tom Matheson, for many years of loyal and distinguished service to the citizens of New Hanover County and wishes him well in retirement from public service and in any future endeavors. ADOPTED the 10th day of March 2008. NW~ Robert G. Greer, Chairman ATTEST: ~\\~ '-_ \~,\~k Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WilMINGTON, NC 28403 (910) 798-7149 . (910) 798-7145 FAX, WWW,NHCGOV.COM Robert G. Greer, Chairman. William A. Caster, Vice-Chairman X 8 31 . (P. 1 a.. Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner, Nancy H. Pritchett, Commissioner Sheila L. Schull, Clerk to the Board RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 10:00 a.m. Tuesday, January 29,2008 in the New Hanover County Finance Office, Suite 165, Conference Room 502 located at 230 Government Center Drive, Wilmington NC, and the following bid was received for one (1) 1 OO-foot Aerial Platform Ladder Fire Truck, Bid # 08-0272; and Triad Fire, Inc. $844,551 WHEREAS, NC General Statutes require three bids only for construction or repair contracts in the formal bidding range and no minimum number of bids for purchase contracts; therefore, the bid was opened at the appointed time and read aloud; and . WHEREAS, the Fire Services Director, the Finance Director, and the County Manager recommend that the contract be awarded to Triad Fire, Inc., the sole bidder, in the amount of eight hundred forty-four thousand five hundred fifty-one dollars ($844,551); and WHEREAS, nine hundred eighty-four thousand dollars ($984,000) was approved in the FY 07-08 budget for the purchase of a 1 OO-foot Aerial Platform Ladder Fire Truck; and WHEREAS, budget amendment 08-164 has been prepared and is for accounting purposes to record and budget the financing proceeds and is submitted for approval as part of this request; and WHEREAS, pursuant to the requirements of the United States Treasury Regulations Section 1,150-2, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that contract 08- 0272 for the purchase of one (1) 1 OO-foot Aerial Platform Ladder Fire Truck for Fire Services be awarded to Triad Fire, Inc., the amount of $844,551 and that the County Manager is hereby authorized and directed to execute contract 08-0272, contract form to be approved by the County Attorney. ADOPTED this the 10th day of March, 2008. NW~ Robert G. Greer, Chairman ATTEST: ~~\'~L "-- _ ~\ \~}' \ \- Sheila L. Schult, Clerk to the Board X ~3Llt,.'7b AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-164 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-164 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Fire Department: Fire Services Operations Expenditure: Decrease Increase Fire Services Operations: Capital Outlay - Motor Vehicle $844,551 Total $844.551 Revenue: Decrease Increase Fire Services Operations: Installment Loan Proceeds $844,551 Total $844,551 Section 2: Explanation In the Adopted FY07-08 Budget, the Board approved the purchase of an aerial truck by financing through a lease purchase agreement. The equipment was estimated to cost $984,000 and the installment lease payments were budgeted in the appropriated account for FY07-08. The actual cost for the equipment was $844,551. This budget amendment is only a book entry necessary to record the revenue and expenditure. 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 08-164 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted.. Adopted, this 10th day of March, 2008. W~ Robert G. Greer, Chairman ATTEST: ~~~ ,-, ~\ll\}- Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WilMINGTON, NC 28403 (910) 798-7149 . (910) 798-7145 FAX, WWW,NHCGOV,COM Robert G. Greer, Chairman. William A. Caster, Vice-Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett, Commissioner --- " e, .3 I . l.t> . <l a.... Sheila L, Schult, Clerk to the Board f\ CAPITAL PROJECT ORDIANCE MURRAYVILLE FIRE STATION BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1, New Hanover County (County) is engaged in the construction of the Murrayville Fire Station, which . capital project involves the construction and/or acquisition of capital assets. 2, County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project 3, This declaration of official.intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. 4. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute 159-13.2, 2. The project undertaken pursuant to this ordinance is the Murrayville Fire Station Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Installment Debt Financing $3.549,966 Total $3.549.966 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $3,549,966 Total $3.549.966 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. N11J~ Robert G. Greer, Chairman ATTEST: ~; , ~\ . \ \r, l '::\(\\\\1 ~~ Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WilMINGTON, NC 28403 (910) 798-7149 . (910) 798-7145 FAX, WWW.NHCGOV.COM X (3 8 l. to. <gl Robert G, Greer, Chairman, William A, Caster, Vice-Chairman Ted Davis, Jr.. Commissioner. William A. Kopp, Jr., Commissioner, Nancy H. Pritchett, Commissioner Sheila L. Schult, Clerk to the Board RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, after due advertisement, bids were received and publicly opened by Stewart-Newell-Cooper, architects for the project at 2:00 p.m., Tuesday, February 26,2008, in the New Hanover County Finance Office, Suite 165, Conference Room 500 located at 230 Government Center Drive, Wilmington NC, and the following bids were received for construction of the Murrayville Fire Station No. 52; and Dixie General Contractors DS Simmons, Inc. Group III MGT, Inc. Heaton Construction, Inc. Lee F. Cowper, Inc. NRL Builders, Inc. O'Connor Co. of NC, Inc. Paragon Builders, Inc. Pro Construction, Inc. $2,769,646 $2,906,250 $3,078,500 $3,187,000 $2,807,250 $3,081,720 $2,909,030 $3,039,038 $2,848,800 WHEREAS, the architects recommended to staff that Dixie General Contractors, the lowest responsible bidder be awarded the contract; and WHERAS, the Fire Services Director, the Finance Director, and the County Manager recommend to the Commissioners that the contract be awarded to Dixie General Contractors, in the amount of two million seven hundred sixty-nine thousand six hundred forty-six dollars ($2,769,646). NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that the award for the construction of Murrayville Fire Station No. 52 be awarded to Dixie General Contractors in the amount of $2,769,646 and that the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 10th day of March, 2008. ATTEST: ~ \ ~\ ~ \~ j,}' \\ ^ \.. - ~ ;,\~,) ~ Sheila C. Schult, Clerk to the Board AGENDA: March 10,2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-98 Y881.lD.<g~ BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that the following Budget Amendment 2008-98 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Murrayville Fire Station Department: Finance Revenue: Decrease Increase Installment Loan Proceeds $3,549,966 Total $3,549,966 ,) Exnenditure: Decrease Increase Construction $2,648,534 Inspection Fees 43,162 Site Improvements 400,000 Furnishings, Equipment, etc. 300,000 Contingency 158,270 Total $3,549 966 Section 2: Explanation This budget amendment is to establish the project for Murrayville Fire Station in the amount of $3,549,966. 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 2008-98 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section '1.150-2 of the Treasury Regulations, the County may reimburse itself from the proceeds of any future debt to be hereinafter incurred by the County for this project. Adopted, this lOth day of March, 2008. NEW HANOVEB. COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WilMINGTON, NC 28403 (910) 798-7149 ' (910) 798-7145 FAX. WWW.NHCGOV,COM Robert G. Greer, Chairman. William A, Caster, Vice-Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett, Commissioner )(6:'1. iD.'l:>' Sheila L. Schull, Clerk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH SUNTRUST LEASING CORPORATION TO FINANCE THE ACQUISITION OF A BULLDOZER, LOADER AND AN AERIAL FIRE TRUCK FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS BE IT RESOLVED by the Board of Commissioners of New Hanover County, as follows: Section 1. The Board of Commissioners does hereby find and determine: (a) New Hanover County proposes the financing of the acquisition of a bulldozer, loader, and an aerial fire truck, as more fully described in the hereinafter named Contract; (b) The most advantageous manner of financing thereof is by an installment contract pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended; (c) Pursuant to said Section 160A-20, New Hanover County is authorized to finance the acquisition of real and personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and ' (d) SunTrust Leasing Corporation ("SunTrust") has proposed that SunTrust finance the acquisition pursuant to an Installment Purchase Contract between the Purchaser and SunTrust ("the Contract") . Section 2. The Board of Commissioners hereby authorizes and directs the County Manager, the County Attorney, and the Finance Director execute, acknowledge and deliver the Contract on behalf of the Purchaser in such form and substance as the person executing and delivering such instruments on behalf of the Purchaser shall find acceptable. The Clerk to the Board is hereby authorized to affix the official seal of New Hanover County to the Contract and attest the same. Section 3. The proper officers of the Purchaser are authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and Contract. Section 4. Notwithstanding any provision of the Contract, no deficiency judgment may be rendered against the Purchaser in any action for breach of a contractual obligation under the Contract and the taxing power of the Purchaser is not and may not be pledged directly or indirectly to secure any moneys due under the Contract, the security provided under the Contract being the sole security for SunTrust in such instance. Section 5. The Purchaser covenants that to the extent permitted by the constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the "Code") as required so that interest on the Purchaser's obligations under the Contract will not be included in the gross income of SunTrust. Section 6. It is hereby determined and approved that (i) the proceeds of the Contract shall be used for the financing of the acquisition of a bulldozer, a loader, and an aerial fire truck and, (ii) the maximum principal amount expected to be incurred is $1,637,850 with 10 semiannual installments. ADOPTED this the 10th day of March, 2008. ER COUNTY tf~ Robert G. Greer, Chairman ATTt: ~ \~ \ ~~\I\~ Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WilMINGTON, NC 28403 (910) 798-7149 ' (910) 798-7145 FAX, WWW,NHCGOV.COM Robert G. Greer, Chairman, William A. Caster, Vice-Chairman X 13.31 . (,p. I 0 Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner, Nancy H. Pritchett, Commissioner Sheila L. Schult, Clerk to the Board RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE FINANCING OF THE ACQUISITION OF LAND; CONSTRUCTION OF MURRA YVILLE FIRE STATION; FUNDING FOR THE CFCC PUBLIC SAFETY CENTER; AND AIRPORT EXPANSION; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County") as follows: Section 1. The Board does hereby find and determine as follows: (a) There exists in the County a need to acquire land contiguous to the County Jail to be used for future jail expansion, to construct a fire station in the Murrayville area, to fund a public safety training center at Cape Fear Community College and to fund a customs building at the Wilmington International Airport (the "Project). (b) In order to pay the costs of the Project and to pay certain other costs associated with the Project, the Board of Commissioners has determined to enter into an Installment Financing agreement, to be dated as of the date of delivery thereof (the "Agreement"), between the County and SunTrust Equipment Finance & Leasing Corporation (the "Bank"), and a Deed of Trust, to be dated as of the date of delivery thereof (the "Deed of Trust"), from the County to the deed of trust trustee named therein for the benefit of the Banle Pursuant to the Agreement, the Bank will B-1 advance to the County amounts sufficient to pay the cost of financing the Project, and'the County will repay the advancement in installments, with interest (the "Installment Payment"). ( c) There has been presented to the Board at this meeting drafts of the Agreement and the Deed of Trust. (d) It is in the best interest of the County to enter into the Agreement in that such plan of finance will result in providing financing for the Project in an efficient and cost effective manner. (e) Entering into the Agreement is preferable to a general obligation bond and revenue bond issue in that (i) the County does not have sufficient constitutional authority to issue non- voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a sufficient amount of debt in the preceding fiscal year to issue a sufficient amount of general obligation bonds for the Financing without an election; (ii) the nature of the Project is such that they are not a "revenue bond project" within the meaning of The State and Local Government Revenue Bond Act; (iii) the cost of the Project exceeds the amount to be prudently provided from currently available appropriations and unappropriated fund balances; (iv) the circumstances existing require that funds be available to commence construction of the Project as soon as practicable and time required for holding an election for the issuance of voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution and the Local Government Bond Act would delay the commencement of construction of the Project by several months; and (v) there can be no assurances that the issuance of general obligation bonds to finance the Project would be approved by the voters and the necessity of the Project dictates that the Project be financed by a method that assures that the Project will be constructed in an expedient manner. (f) Based upon information provided to the Board of Commissioners, the costs of the financing described above is reasonably comparable to the costs associated with other alternative means of financing and is acceptable to the Board of Commissioners. (g) The County Attorney will render an opinion to the effect that the proposed undertaking as described above is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (h) The debt management policies of the County have been carried out m strict compliance with law, and the County is not in default under any obligation for repayment of borrowed money. (i) No tax rate increase is anticipated to be necessary to pay the Installment Payments. Section 2. The Board requests the Local Government Commission to approve the Agreement and the proposed Financing in connection therewith. Section 3. In order to provide for the Financing, the County is hereby authorized to enter into the Agreement to receive, an advancement in installments pursuant thereto in a principal amount not to exceed $15,938,066. The County shall repay the advancement in installments due in the amounts and times set forth in the Agreement. The payment of Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 4. The Board hereby approves the forms of the Agreement and the Deed of Trust in substantially the forms presented at this meeting. The Chairman of the Board and the County Manager are each hereby authorized to execute and deliver on behalf of the County each of said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board or any Assistant or Deputy Clerk to the Board is hereby authorized to affix the official seal of the County to each of said documents and to attest the same to the extent required. Section 5. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Agreement, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement. Section 6. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board, and any other officers, agents and employees of the County are hereby authorized and directed to deliver such certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 7. This resolution shall take effect immediately upon its passage. This, the 10th day of March, 2008. NEW HANOVER COUNTY ~ Robert G. Greer, Chairman ~~:\~. ~ ~ ~(\~,\1 ATTEST: Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WilMINGTON, NC 28403 (910) 798-7149 ' (910) 798-7145 FAX, WWW.NHCGOV.COM Robert G. Greer, Chairman, William A. Caster, Vice-Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H, Pritchett, Commissioner X 6 B I . /r;, / I Sheila L. Schult, Clerk to the Board RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, North Carolina General Statute 105-286 requires the Board of County Commissioners to adopt an effective date for the next countywide revaluation which must be conducted every eight years or sooner; and WHEREAS, the last countywide revaluation was effective on January 1, 2007; and WHEREAS, the Board of County Commissioners believes a four-year reappraisal to be in the best, interest of the property owners of New Hanover County; and WHEREAS, the Board of County Commissioners considers it to be prudent for staff to be directed to immediately begin preparation for the next revaluation. NOW, THEREFORE, the New Hanover County Board of Commissioners hereby resolves that tpe next countywide revaluation be effective on January 1,2011. ADOPTED this the 10th day of March, 2008. ~~~\~ \ ~J~pl~ Sheila L. Schult, Clerk to the Board ATTEST: X13 31. &'. I~ STATE OF NORTH CAROLINA ~ /ltl/Atr COUNTY STRICKLAND ) ) ~ ) ) NEWHANOVERCOUNTY ) SHERIFF'S DEPARTMENT, ET AL. ) MEMORANDUM OF SE'ITLEMENT ()lfitt15'" .Lb1 3. onsent judgment or order shall be prepared by counsel for . su to approval by opposing counsel. The terms of the consent judgment or order are as fo s (in addition to the other terms set forth in this agreement): 4. Each party shall bear his, her, or its ownj1.ttomey fees, costs, and pro rata share of the costs of mediation, except as follows: K' ~~iI~l1""s .. ~. Other ter "'~ ~ tUn Memorandum of Settlement p~ two 7. The parties and their attorneys stipulate and agree that if necessary, the Court may enforce this agreement by entering judgment based upon the terms set forth herein. This the Ul.\ay of . t:iI/'kAj .2008. :: J . ~~;;;:tiH~ Defendant(s):t.E.;tM~ ~~~..,.f1 Counsel for Defendant(s): ;,;j'ntJtV:r&4/'l' ~~ ~//hPt9J9H- ~b..~.~ (:J ~ n (J fJ~--, ~c~t{epresentative =~~~=~-~.:=:fi--717ii4721~-~~~~;. '_.__._...._._.._.H__.._. ~--.-~!tv_'!~:!UL--.~;..' C4//,/ ~,., AU-'l -."--.----~-_Y1=--~ -- =~.~j--M.- :-j~-;;.,~. .. ---------:/kA---- - -. -~~ ... ~h_X?-~. .-----:= --. .---- --,-~--~- --~ -4. .. . :d..--t'__ _..__.._....__._..._._.-:r:__.~___,"._$J....A~__, _ __ A/~~' .~/' v,/~.i ~ / ~. '~7T-' ., H--'~7.,./JJe--.o. _. -.-- -.~".~'~._........ _._.. ._. ..._._.__--t---.-In _._. 1 .../ \..~ ~ r" ..1-.. J. 7-(,1. ~---A::.....'-' ~-'-r------"- _~""'~~_'~_"_'Vh'_'~""" ._.._._,-._..._.~: ~- - - /J ~. .....v_~'Co"--y.:-.. .. I --Z ~ "'-'r~"'" . -...--- .~"~,-, -- w."'.....,.,~~~.~._...._~_..._ :.:C A...__^_' ~ ==-~:~:~=~~~- ;';;;_.~._-;j;;(--.. ___._____,..w_,_._.~ . :!:~ ~ ~. ~ .-:~~' ~L~.-~..-~_."_.......~~~~-~- , ~-_. .c_ -- -0 ,/ ,-, / r "/_. - -~..~-~~,..._{;..E..~.-. _..,-"._..,_..._._..~..,............~_....~.,_.._._._.__._..._--,-~..,.__. .-."- .....,. ..."....--...-..,..--.-- --..--...-~----.~..r-~,-,.f::2t"~ ~ ~ --_....7:--~...._..... '~~ A----. ~ -~.....~-..- .. .. ( .. oc:;:: , -.. ______._____._~..:.... .' '- f,tL~,,&:d. b - '. -... .-........- _._--~..... ------. .._"' .~.....,- ...... ... " ~"_...,_......._---_....---.._- - ~ :. ... First and foremost, let me say that I am profoundly sorry for the death of Peyton Strickland. I cannot begin to imagine the immense sorrow the Strickland family must continue to feel but they will forever be in my thoughts and prayers. It,is my hope that the Strickland family will accept this apology and know that it is offered with compassion and sincerity. This matter has been investigated and I acknowledge that one of my officers made a ~istake as to the existence of a deadly threat. Corporal Long fired his weapon because he perceived a threat and, in hindsight, we know that this was a mistaken belief on Corporal Long's part. Peyton Strickland was not armed. As the duly elected Sheriff of New Hanover County, I accept full responsibility for the actions of my deputies in the line of duty. , M ~~ ~: :'~ J His death was, and remains a tragedy for everyone involved. It is my prayer that our Lord's grace, peace and mercy will be forever with those touched by this death. v ,~ - Z 8 2.. 9A. s3 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1972, last amended January 10, 2005 CASE: Z-879, 02/08 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 9A is hereby amended by removing the hereinafter described tract from the I-1 Industrial Distract and placing it in a RFMU Riverfront Mixed Use District, said lands being described as follows: Being a piece or portion of those lands conveyed as Traci 1 by deed dated June 14, 2006 and recorded June 22, 2006 in DB 5040 Page 2249 in the New Hanover County Registry; lying and situate in Cape Fear Township, New Hanover County, North Carolina; and being more particularly described as follows: Beginning at a point in the line dividing the said Tract 1 from Tract 2 as conveyed by the aforesaid deed, said point of begzzuung lying and being S 49° 48' 29" E 5.30 feet from an NCDOT Right of Way monument m the southerly right of way line of NC Highway 133, a variable width public right of way also known as Parsley Street; said Right of Way monument also marking the division between the said Tract 1 and the said Tract 2; thence from the point of beginning and with the line of the said Tract 2 (1} S 49° 48' 29" E 197.27 feet to an iron pipe; thence with the line of the said Tract 2 (2) S 49° 58' 11" E 361.95 feet to an iron pipe in the High Water Line of the Northeast Cape Feaz River; thence with the Iine of the said Tract 2 {3) S 59° 13' 49" E 276.71 feet to a point in the Harbor Line on the northwesterly side of the said Northeast Cape Feaz River; thence with the Harbor Line (4) S 35° 39' 08" W 760.66 feet to a point, a common comer with lands now or formerly the property of Harold and Constance Roderick as recorded in DB 1024 P 920 in the New Hanover County Registry; thence with the line of the said Roderick (5) N 81 ° 16' 27" W 139.79 feet to a point; thence with the line of the said Roderick (6) N 81 ° 13' 24" W 490.85 feet to an iron pipe in the easterly right of way line of Point Harbor Road, a variable-width public right of way also known as SR 2142; said iron pipe marking a common corner with the said Roderick; thence leaving Roderick's line and with the right of way (7) N Ol ° 25' 02" W 417.12 feet to a point in said nght of way; thence leaving the nght of way and crossing the aforesaid Tract 1 a new line (8) N 35° 17' 09" E 390.26 feet to a point; thence a new line (9) N 32° 50' 08" E 342.89 feet to the point of begimimg, containing 16 73 acres more or less. And including the water areas associated with the master plan as presented and approved. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No. 9A on file in the office of the County Commissioners, so as to snake it comply with this ordinance. Z-879 Page 1 of 2 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. The County Commissioners find, in accordance with the provisions of NCGS 153A- 341, that this zoning map amendment of 16.73 acres as well as water areas associated with the master plan from I-1 Industrial district to RFMU Riverfront Mixed Use District is: A. Consistent with the purposes and intent of the conservation land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to allow a mixed of commercial and residential uses in this location along the Cape Fear River under the companion master plan bearing the same case number. Adopted the l Ot'' day of March, 2008. ~~~- 0 zI s NTH' • n n Ty\ 0 Robert G. Greer, Chairman Attest: ~~.. ~ _ ~ ~ Sheila L. Schuh, Clerk to the Board Z-879 Page 1 of 2 z61L. e.J.I. ~5.1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1985 (Castle Hayne Area) CASE: Z-880, 03/08 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zorung Map of Zoning Area Castle Hayne is hereby amended by removmg the hereinafter described tract from the R -20 ReSidential District and placing it m the PD Planned Development District, said lands being described in Cape Fear Township, New Hanover County, NC as follows: Tract A Begmnmg at a pomt in the Western nght of way ofU. S Interstate 140 and the Northeastern comer of the property now or formerly owned by Clarence Graham Kerr as recorded m Deed Book 3126 Page 109 of the New Hanover County PublIc Registry. 1.) Thence from the Pomt of Begmnmg and running S 81015' 23" W 36880' to a pomt. 2.) Thence runmng S 81001' 24" W 137.70' to a point. 3.) Thence runnmg N 71053' 28" W 503.28' to a point. 4.) Thence runmng N 850 01' 04" W 541.10' to a pomt. 5) Thence running N 300 38' 42" E 75.70' to a point. 6.) Thence runmng N 12040' 46" E 84.83' to a pomt. 7.) Thence running N 18052' 15" E 130.77' to a pomt. 8.) Thence running N 03057' 39" E 25343' to a pomt. 9.) Thence running N 04054' 10" W 152.53' to a point. 10.) Thence runmng N 00055' 55" W 75.68' to a pomt. 11.) Thence runmng N 19043' 59" W 281.19' to a pomt. 12.) Thence runmng N 20034' 50" W 196.10' to a pomt. 13.) Thence runnmg N 300 34' 51" W 193.89' to a pomt. 14.) Thence running N 20003' 00" W 118.08' to a pomt. 15.) Thence runnmgN 360 58' 02"W 113.22' to a point. 16.) Thence runmng N 320 48' 52" W 144.01' to a pomt. 17.) Thence runnmg N 350 13' 28" W 100 46' to a point. 18.) Thence runmng N 57018' 14" E 199.77' to a point. 19) Thence runnmg N 690 05' 17" E 95.28' to a point. 20) Thence runnmg N 74023' 03" E 100.30' to a point. 21.) Thence runmng S 84038' 22" E 40.56' to a point. 22.) Thence runmng N 61057' 29" E 200.81' to a pomt. 23.) Thence runnmg N 280 18' 13" E 156.40' to a pomt. 24.) Thence runnmg N 690 48' 07" E 149.60' to a pomt. 25.) Thence runnmg N 51000' 15" E 108.51' to a pomt. 26.) Thence runnmg N 29059' 33" E 228 75' to a pomt. 27) Thence runnmg N 590 06' 05" E 1344.53' to a point. 28.) Thence runnmg S 760 01' 49" E 3809 02' to a pomt. 29.) Thence runnmg S 15040' 51" W 242 84' to a point. 30.) Thence runnmg along a curve to the left with a radIUS of 4708.00', a length of2584.06', and a chord of S 71011' 46" W 2551.75' to apomt. 31 ) Thence runnmg N 730 31' 21" W 242.32' to a pomt. 32.) Thence running N 73031' 42" W 147.46' to a pomt. 33.) Thence runnmg N 81019' 30" W 247.39' to a pomt. 34) Thence runnmg S 85041' 26" W 254.05' to a pomt. 35.) Thence runnmg S 790 03' 13" W 203 94' to a point. 36) Thence runnmg S 730 59' 40" W 274.58' to a pomt. 37.) Thence runnmg S 150 19' 16" E 108.27' to apomt. 38.) Thence running N 770 07' 59" E 45.97' to a pomt. Z-880(2/08 ) 1 39.) Thence running S 06040' 47" E 271.64' to a point. 40.) Thence running S 030 28' 15" W 580.92' to a point. 41.) Thence running along a curve to the right with a radius of600.39', a length of300.61', and a chordofS 17048' 51" W 297. 48 'to a point. 42.) Thence running S 320 52' 46" W 136.73' to the place and Point of Beginning and containing 203.12 acres. TRACTB Commencing at a point in the Western right of way ofD. S. Interstate 140 and the Northeastern corner of the property now or formerly owned by Clarence Graham Kerr as recorded in Deed Book 3126 Page 109 of the New Hanover County Public Registry, Thence running N 440 11' 41" E 676.21' to the place and Point of Beginning. 1.) Thence from the Point of Beginning and running S 840 58' 13" W 179.18' to a point. 2.) Thence running N 05057' 43" W 76.15' to a point. 3.) Thence running N 040 11' 42" E 737.06' to a point. 4.) Thence running N 58057' 58" E 58.45' to a point. 5.) Thence running N 750 57' 10" E 190.04' to a point. 6.) Thence running S 890 12' 19" E 171.91' to a point. 7.) Thence running S 630 50' 31" E 414.49' to a point. 8.) Thence running S 14005' 37" E 64.36' to a point. 9.) Thence running along a curve to the left with a radius of4711.28', a length of706.69', and a chord ofS 460 40' 24" W 706,03' to a point. 10.) Thence running S 460 42' 15" W 203.27' to the place and Point of Beginning and containing 10.51 acres. TRACT C Beginning at the Northern right of way of Chair Road and the Eastern right of way of D. S. Interstate 140. 1.) Thence from the Point of Beginning and running N 120 18' 08" E 45.74' to a point. 2.) Thence running along a curve to the right with a radius of 4478.34', a length of2155.85', and a chord ofN 720 07' 41" E 2135.10' to a point. 3.) Thence running S 15040' 51" W 161.13' to a point. 4.) Thence running S 15040' 51" W 484.31' to a point. 5.) Thence running N 660 43' 06" W 81.93' to a point. 6.) Thence running N 55052' 55" W 162.37' to a point. 7.) Thence running N 75052' 10" W 165.09' to a point. 8.) Thence running along a curve to the left with a radius of803.80', a length of608.57', and a chord ofS 830 12' 28" W 594.14' to a point. 9.) Thence running S 60010' 07" W 392.02' to a point. 10.) Thence running S 730 31' 40" W 198.46' to a point. 11.) Thence running N 720 25' 01" W 177.73' to a point. 12.) Thence running N 82058' 51" W 209.36' to the place and Point of Beginning and containing 15.16 acres. TRACTD Beginning at a point in the Southern right of way of Chair Road and the Northernmost Corner of the property now or formerly owned by John E. and Cynthia R. Cole as recorded in Deed Book 1722 Page 1538 of the New Hanover County Registry. 1.) Thence from the Point of Beginning and running S 65045' 31" W 142.39' to it point. 2.) Thence running S 84036' 01" W 46.40' to a point. 3.) Thence running S 490 27' 41" W 113.50' to a point. 4.) Thence running S 84041' 01" W 56.93' to a point. , 5.) Thence running S 480 05' 01" W 93.00' to a point. 6.) Thence running S 64054' 21" W 127.10 to a point. 7.) Thence running N 630 28' 39" W 96.80' to a point. 8.) Thence running S 85005' 01" W 65.20' to a point. 9.) Thence running S 360 21' 01" W 110.70' to a point. 10.) Thence running S 530 26' 01" W 152.50' to a point. 11.) Thence running N 870 15' 09" W 135.92' to a point. 12.) Thence running S 680 21' 41" W 116.70' to a point. 13.) Thence running N 750 30' 39" W 73.50' to a point. 14.) Thence running S 76047' 01" W 86.64' to a point. Z-880(2J08 ) 2 15.) Thence running N 690 40' 39" W 198.43' to a point. 16.) Thence running S 83037' 55" E 32.10' to a point. 17.) Thence running N 67036' 35" E 136.98' to a point. 18.) Thence running N 550 26' 24" E 181.55' to a point. 19.) Thence running N 580 35' 32" E BUT to a point. 20.) Thence running N 500 30' 28" E 265.81' to a point. 21.) Thence running along a curve to the right with a radius of695.86', a length of526.85', and a chord ofN 83012' 28" E 514.35' to a point. 22.) Thence running S 700 55' 27" E 248.50' to a point. 23.) Thence running N 890 19' 57" E 58.03' to the place and Point of Beginning and containing 7.34 acres. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area Castle Hayne on file in the office of the County Commissioners, so as to make 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. The County Commissioners find, in accordance with the provisions ofNCGS 153A-341, that this zoning map amendment of237 acres is: A. Consistent with the purposes and intent of the aquifer and wetland resource protection land classifications and the associated land use policies in the 2006 land use plan, as amended. B. Reasonable and in the public interest to allow a mixed use project in a special district designed for such proposals under the terms and conditions outlined in the ordinance and subject to the companion master plan, provided no underground fuel storage tanks are included in the commercial section of the plan. Adopted the 10th day of March, 2008. %b~ Robert G. Greer, Chairman Attest: ~~\~ \ ~~~l\- Sheila L. Schult, Clerk to the Board 2-880(2/08 ) 3