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2015-07-20 RM Exhibits * ** ** * ** ** ** ** * ** ** * ** ** _ ** ** ** ** ** ** * ** i`* * * * Exhi i� /v,v ' I * ** Boo , 'age 1 5' • ** * NEW HANOVER COUNTY BOARD OF COMMISSIONERS ** PROCLAMATION * 0, * * PURPLE HEART DAY * AUGUST 2,2015 * * * * * * * * WHEREAS, in August 1782, George Washington, the Conunander in Chief of the Continental Army, established the "Badge of Merit" which was the forerunner of the * Medal of Honor and inspired the modern Purple Heart; and * * * WHEREAS, the Purple Heart is awarded to those who have been wounded or killed while ** serving the United States against opposing armed forces; and ** WHEREAS, since its inception and through several wars and conflicts, the Purple Heart ,* * has been given to more than a million soldiers wounded or killed while serving our nation; * * and * * WHEREAS, the mission of the Military Order of the Purple Heart is to foster an ** environment of goodwill and camaraderie among combat wounded veterans, promote * * patriotism, support necessary legislative initiatives, and most importantly, provide service ** to ALL veterans and their families; and * WHEREAS, the Purple Heart Foundation works to salute our truest and most dedicated * heroes. * * * * NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of * Commissioners that Sunday, August 2, 2015 be recognized as "Purple Heart Day" in New * Hanover County and that all citizens are urged to participate in observance of this day. - * * * ADOPTED this the 20th day of July, 2015. NEW HANOVER COUNTY * * * * _. * * * , sZ. --- „..\./‘ ■ R * /6nathan Barfi d, Jr., Cl rrman * 6 * * ATTEST: IL 1 , * 1...uu.,&e.t..) P e_ .Liz___ * 4, , I 1 * , Teresa P. Elmore, Clerk to the Board * * * * #r * ■ * * * * * * * * * t Exhib' } Book I Page / 3 '02-) NEW HANOVER COUNTY BOARD OF COMMISIONERS i RESOLUTION { AWARD OF BID FOR INMATE TELEPHONE SERVICES 1 } WHEREAS, on April 27, 2015, proposals were received by Lena Butler, Purchasing Supervisor, from the following vendors to provide Inmate Telephone Services at the County's Detention Facility; and • Securus Technologies • GTL • Paytel • ICSolutions • Legacy E A j WHEREAS, after careful consideration,the evaluation committee recommends that the contract be awarded to Securus Technologies,the current provider due to: 1. Infrastructure is in place 2. No disruption in service due to transition/training ; 3. Other proposals did not offer a significant reason to change vendors 4. Proven reliability 5. Software tools and overall capabilities more advanced than others 6. Investigative tools are well developed and highly flexible 7. Highly recommended by NHC IT Department; and 4 WHEREAS, there is no cost to the County for the award of this contract and vendor will pay the County a commission fee up to 54% of gross sales and also provide $500 monthly for inmate education and rehabilitation. 1 NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract to provide inmate telephone services to the County's Detention Facility be awarded to Securus Technologies and that the County Manager is hereby authorized and directed to execute the contracts, contract form to be approved by the County Attorney. ADOPTED this the 20th day of July, 2015. 1 NEW .' 0 VER i TY GTY,� L -"∎� /- o,!) J/r" an B�/e • Jr., Chairman z `SAV � 3 , , P. ATTEST: ji i ,_..t 1 lill i *.tAk/41a..) P tt"%e",&.A}l_.4........ .e..i . f 1SHED S,y9 Teresa P. Elmore, Clerk to the Board 1 1 1 Exhi lX 9e 13 3 Boo ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS 1 { I '° RESOLUTION 1 DISPOSAL OF SURPLUS PROPERTY i WHEREAS,New Hanover County owns certain personal property itemized on the attached Exhibit A that are no longer functional for governmental purposes by the County; and i j WHEREAS,the referenced property is determined to be obsolete,outdated,damaged,or has been 1 I replaced according to the County's replacement policy covering certain equipment; and WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring this property surplus and disposing of it as authorized by North Carolina General Statute(NCGS) 160A Article 12; and WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction according to the procedures prescribed in NCGS 160A-270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic means will be disposed of using any other method i authorized in NCGS 160A Article 12 including discarding the items. NOW,THEREFORE,BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the equipment attached in Exhibit A be declared surplus property. 1 2. That the Finance Director's designated representative, pursuant to the provisions of G.S. 160A-270(c), is hereby authorized to dispose of the personal property listed in Exhibit A. 1 hibi 3. All surplus property will be sold"as is",all sales will be final.New Hanover County makes no express or implied warranties of merchantability of any surplus property,or part thereof, or it's fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 4. That County staff is directed to process any required documents to complete the transaction. 5. A notice summarizing this Resolution and the sale of the surplus property shall be advertised on the County's website at least ten(10) days prior to the electronic auction. 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Commissioner ���BLISHE I 3 : NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS A WHEREAS, General Statute 47-30.2 requires that every County appoint one or more Map Review Officers to x examine and approve plats and maps prior to recordation at the Registry of Deeds;and 5 WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency;and WHEREAS, the City of Wilmington and New Hanover County have requested that the staff listed below be 1 designated Map Review Officers. I NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as Map Review Officers: i For the Unincorporated areas of New Hanover County and the Towns of Carolina Beach,Kure Beach,and Wrightsville Beach: • Chris O'Keefe,Planning and Inspections Director • Ken Vafier,Planning Manager • Ben Andrea,Current Planning and Zoning Supervisor • Sam Burgess, Senior Planner • Linda E.Painter,Zoning Compliance Official • Dylan McDonnell,Long Range Planner • Brad Schuler,Current Planner • John Townsend,Planning Specialist • Ed Parvin,Assistant Town Manager(Town of Carolina Beach only) • Jeremy Hardison, Senior Planner(Town of Carolina Beach only) • Abby Lorenzo,Planning Technician(Town of Carolina Beach only) For the City of Wilmington: • David E.Cowell,P.E.,City Engineer • Carl H.Farmer,Jr.,P.E.,Division Engineer • Derek Pielech,City Plan Review Engineer • Peter J.Brennan,Jr.,PLS, Surveyor • Ronald H. Satterfield,Jr.,Assistant Planning Director 1. • James A.Diepenbrock,Associate Planner • Brian Chambers,Associate Planner • Eryn Moller,Associate Planner • Jeff Walton,Associate Planner _ • Kathryn Thurston,Zoning Administrator A ADOPTED this the 20th day of July,2015. 3 NEW,A•' •VER COlk ATTEST: //Air/ .J,,vt.p/a.a..,-P fir-v.„ J0,v i an B. %• .;iha an Teresa P.Elmore,Clerk to the Board I i E { 4 * * * IV * * * or * * * * * * * * * * * * * * * * * * * * * It * * It * 4( * * * * *._ * * * * * * * * * * * * * * * * *. * * * * * * * *. * * * it * * Exhi ' �3.cs * Bo age * * NEW HANOVER COUNTY BOARD OF COMMISSIONERS * COAST GUARD MONTH * 4, COAST * * * 4( * WHEREAS, Congress authorized Secretary of the Treasury, Alexander Hamilton, to create a * maritime service, the Revenue Marine, to enforce customs laws on August 4, 1790. The Service's * * name, "Coast Guard," was made official when President Woodrow Wilson signed into law the "Act * '`* to Create the Coast Guard," an act passed by Congress on January 20, 1915, that combined the Life- * * Saving Service and Revenue Cutter Service (previously known as the Revenue Marine); and * ** WHEREAS, the United States Coast Guard (USCG), is our Nation's oldest continuous seagoing * ** service and the world's premiere maritime safety and marine law enforcement agency; and * * * WHEREAS,the USCG will be celebrating its 225th birthday on August 4, 2015; and * * * WHEREAS, New Hanover County has served as home port for numerous USCG ships, units and * * detachments, including the original Revenue Cutter DILIGENCE; and * * * WHEREAS, Wilmington, NC was the first city on the East Coast to receive the honor of being * designated as a"Coast Guard City" in 2003 and recertified in 2008 and 2013; and * * * WHEREAS, New Hanover County hosts over 600 men and women serving with USCG Sector * North Carolina, USCG Station Wrightsville Beach, USCG Cutter DILIGENCE and the various , * USCG Reserve and Auxiliary personnel who augment these USCG activities; and * • * WHEREAS, the New Hanover County Board of Commissioners pauses to express our gratitude, * * * mindful that words and ceremonies are not enough and that our thanks extend not only to the men * and women of the USCG, but also to their families who serve alongside them. * * ** * NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of * * Commissioners that August 2015 be recognized as COAST GUARD MONTH in New Hanover * * County, and urges all citizens to express their appreciation for these highly professional and multi- * talented men and women who continue to make a tremendous contribution to the social, ** environmental,and economic well-being of our nation. * * * ** ADOPTED this the 20th day of July,2015. * NEW All O/ER COUNT "AL: * ** Jo • an Barfield,J ., hai n * * ATTEST: * * * ' 1".:4-Vt..t4e4—i P al-vt-9A-e_, * 4, I Teresa P. Elmore, Clerk to the Board * * , 1 * * * * * * * * * * * * * * * * * * * * * * * * - * * 'K Exhi:'1,- Boo..TA - Page 13•1c i k RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW I 1 x HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED 1 $92,000,000 GENERAL OBLIGATION BONDS, SERIES 2015 OF THE COUNTY OF NEW HANOVER,NORTH CAROLINA i9 WHEREAS, the Bond Orders hereinafter-described have been adopted, and it is desirable to make provision for the issuance of the Bonds authorized by said Bond Orders; 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover,North Carolina(the "Board")as follows: 1 Section 1. For purposes of this Resolution, the following words will have the meanings ascribed to them below: i "Community College Bond Order" means the Bond Order authorizing $164,000,000 General Obligation Community College Bonds, adopted by the Board on September 2, 2008, effective when approved by the voters of the County at a referendum duly called and held on November 4,2008. i "Community College Projects" means the provision of facilities for Cape Fear Community College, including the construction and renovation of buildings for classrooms, laboratories, training facilities and administrative offices and the provision of related parking facilities, and including the acquisition and installation of furnishings and equipment and the acquisition of land or rights-in-land required therefore, and to pay capital costs of such improvements, pursuant to and in accordance with the Community College Bond Order. "Bond Orders" means, collectively, the Community College Bond Order and the School Bond Order. i "Federal Securities" means (a) direct obligations of the United States of America for the timely payment of which the full faith and credit of the United States of America is pledged; (b) obligations I issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America,the timely payment of the principal of and interest on which is fully guaranteed as full faith and j 4 credit obligations of the United States of America(including any securities described in (a) or(b) issued or held in the name of the Trustee in book-entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of a trustee and are not subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local governmental unit of the State of North Carolina which are (i) not callable prior to maturity or (ii)as to which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified, and which are rated by Moody's, if the 2015 Bonds are rated by Moody's, and S&P, if the 2015 Bonds are rated by S&P,within the highest rating category and which are secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other 1 obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; or (d) direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in t 1 i 1 s (a),and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated. "Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "Moody's" will be deemed to refer to any { other nationally recognized rating agency other than S&P designated by the County. "Pricing Certificate" means the certificate of the County's Finance Director delivered in connection with the issuance of the 2015 Bonds which establishes the final maturity amounts, the interest payment dates and the provisions for redemption. "Projects"means, collectively,the Community College Projects and the School Projects. "S&P means Standard & Poor's Ratings Services, its successors and their assigns and, if such i corporation for any reason no longer performs the functions of a securities rating agency, "S&P" will be 1' deemed to refer to any other nationally recognized rating agency other than Moody's designed by the County. t "School Bond Order" means the Bond Order authorizing $160,000,000 General Obligation School Bonds, adopted by the Board on August 11, 2014, effective when approved by the voters of the i County at a referendum duly called and held on November 4, 2014. "School Projects" means constructing, improving, and renovating school facilities, specifically including, among other things, the construction and renovation of classroom facilities and district-wide improvements for safety, security, technology and building infrastructure, the acquisition and installation of furnishings and equipment, and the acquisition of land or rights—in—land required therefor, pursuant to j and in accordance with the School Bond Order. 1 r "2015 Bonds" means the County's General Obligation Bonds, Series 2015 authorized under the Bond Orders. Section 2. The County shall issue not to exceed $92,000,000 in total aggregate principal amount of its 2015 Bonds. i Section 1 The 2015 Bonds shall be dated their date of issuance and pay interest semiannually on February 1 and August 1, beginning February 1, 2016, unless the County hFinance Director establishes different dates in her Pricing Certificate. The 2015 Bonds are being issued to provide funds(1) to finance the capital costs of the Projects pursuant to and in accordance with the Bond Orders and(2)to pay the costs of issuing the 2015 Bonds. l Section 4. The Board has ascertained and hereby determines that the average period of usefulness of the capital projects being financed by the proceeds of the 2015 Bonds is not less than 25 years computed from the date of issuance of the 2015 Bonds. , 1 1 5 r i 1 Section 5. Unless changed by the County Finance Director in her Pricing Certificate, the g 2015 Bonds are payable in annual installments on February 1 in each year, as follows: YEAR AMOUNT YEAR AMOUNT 2017 $4,600,000 2027 $4,600,000 2018 4,600,000 2028 4,600,000 2019 4,600,000 2029 4,600,000 2020 4,600,000 2030 4,600,000 2021 4,600,000 2031 4,600,000 2022 4,600,000 2032 4,600,000 2023 4,600,000 2033 4,600,000 2024 4,600,000 2034 4,600,000 2025 4,600,000 2035 4,600,000 2026 4,600,000 2036 4,600,000 Section 6. The 2015 Bonds are to be numbered from R-1 consecutively and upward. All 2015 Bonds shall bear interest from their date at a rate or rates which shall be hereafter determined on the i sale thereof computed on the basis of a 360-day year of twelve 30-day months. y Section 7. The 2015 Bonds are to be registered as to principal and interest, and the Finance Director of the County is directed to maintain the registration records with respect thereto. The 2015 Bonds shall bear the original or facsimile signatures of the County Manager or the Chairman of the Board and the Clerk to the Board of the County. An original or facsimile of the seal of the County is to be imprinted on each of the 2015 Bonds. Section 8. The 2015 Bonds will initially be issued 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. A book-entry system will be employed, evidencing ownership of the 2015 Bonds in principal amounts of$5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the 2015 Bonds will be payable to DTC or its nominee as registered owner of the 2015 Bonds in immediately x available funds. The principal of and interest on the 2015 Bonds will be payable to owners of 2015 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an 1 interest payment date or a bond payment date. 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. If (a)DTC determines not to continue to act as securities depository for the 2015 Bonds or (b)the Finance Director of the County determines that the continuation of the book-entry system of evidence and transfer of ownership of the 2015 Bonds would adversely affect the interests of the beneficial owners of the 2015 Bonds, the County will discontinue the book-entry system with DTC in accordance with the rules and procedures of DTC. If the County fails to identify another qualified 1 securities depository to replace DTC, the County will authenticate and deliver replacement bonds in 5 accordance with the rules and procedures of DTC. 9. Unless changed by the County Finance Director in her Pricing Certificate, the 2015 Bonds maturing on or before February 1, 2025 will not be subject to redemption prior to maturity. The 2015 Bonds maturing on and after February 1,2026 will be subject to redemption prior to maturity, at the option of the County, from any moneys that may be made available for such purpose, either in whole or in i 1 s a part on any date on or after August 1, 2025, at the redemption price of the principal amount of 2015 1 Bonds to be so redeemed,plus accrued interest to the redemption date. 1 I If less than all of the 2015 Bonds are called for redemption, the County shall select the maturity or maturities of the 2015 Bonds to be redeemed in such manner as the County in its discretion may determine and DTC and its participants shall determine which of the 2015 Bonds within a maturity are to be redeemed in accordance with its rules and procedures; provided,however,that the portion of any 2015 Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2015 Bonds for redemption, each 2015 Bond shall be considered as representing that number of ;E. 2015 Bonds which is obtained by dividing the principal amount of such 2015 Bond by$5,000. Whenever 5 I the County elects to redeem 2015 Bonds, notice of such redemption of 2015 Bonds, stating the redemption date, redemption price and any conditions to the redemption and identifying the 2015 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable on each 2015 Bond or portion thereof so to be redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of the 2015 Bonds, by prepaid certified or registered United States mail(or by such other means as permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2015 k Bonds,the County will give notice at the time set forth above by prepaid first class United States mail, to the then-registered owners of the 2015 Bonds or portions thereof to be redeemed at the last address shown { on the registration books kept by the County. The County will also mail or transmit by facsimile or in electronic format a copy of the notice of redemption within the time set forth above (1)to the Local Government Commission of North Carolina (the "Local Government Commission") and (2)to the Municipal Rulemaking Securities Board through the EMMA system. 1 . If at the time of mailing of the notice of redemption there is not on deposit money sufficient to redeem the 2015 Bonds called for redemption, such notice may state that it is conditional on the deposit h of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given, may be withdrawn by notice delivered in the same manner as the notice of redemption was given. I 1 Section 10. The 2015 Bonds and the provisions for the registration of the 2015 Bonds and for the approval of the 2015 Bonds by the Secretary of the Local Government Commission are to be in substantially the form set forth in Exhibit A hereto, the terms of which may be changed by the County Finance Director's Pricing Certificate. 1 Section 11. The Finance Director of the County is hereby authorized to execute a non- arbitrage certificate with respect to the 2015 Bonds in order to comply with Section 148 of the Code and the applicable Income Tax Regulations thereunder. Section 12. The Finance Director is hereby directed to create and establish a special fund to I be designated "County of New Hanover, North Carolina General Obligation Bonds, Series 2015 Project Fund" (the "Project Fund") and may establish separate accounts within the Project Fund to track the expenditures related to each of the Projects. The Finance Director shall deposit the proceeds from the sale of the 2015 Bonds in the Project Fund. The Finance Director shall invest and reinvest any moneys held in ' the Project Fund as permitted by the laws of the State of North Carolina and the income, to the extent permitted by the Code, is to be retained in the Project Fund and applied with the proceeds of the 2015 Bonds to pay the costs of the Projects, as directed by the Finance Director. The Finance Director shall keep and maintain adequate records pertaining to the Project Fund and all disbursements therefrom so as to satisfy the requirements of the laws of the State of North Carolina and to assure that the County 1 I 1 1 1 f i i maintains its covenants with respect to the exclusion of the interest on the 2015 Bonds from gross income for purposes of federal income taxation. Section 13. Actions taken by officials of the County to select paying and transfer agents, and , a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the I Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby 1 authorized and approved. Section 14. The Local Government Commission is hereby requested to sell the 2015 Bonds through a competitive sale to the bidder whose bid results in the lowest interest cost to the County, fi determined on the basis of the net interest cost method. i Section 15. The Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Director, individually and collectively, are hereby authorized and directed to cause the 2015 Bonds to be prepared and, when they shall have been duly sold by the Local Government Commission,to execute the 2015 Bonds and to turn the 2015 Bonds over to the registrar and transfer agent of the County, if any, for delivery through the facilities of DTC to the purchaser or purchasers to whom they may be sold by the Local Government Commission. Section 16. The form and content of the Notice of Sale and the Preliminary Official Statement together with the fmal Official Statement related to the 2015 Bonds are in all respects authorized, approved and confirmed, and the Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Director, individually and collectively, are authorized, empowered and directed to execute and deliver the Official Statement in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as shall to the Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Director seem necessary, desirable or i w appropriate, their execution thereof to constitute conclusive evidence of the approval of the Board of any and all changes, modifications, additions or deletions therein from the form and content of the Official 1 Statement presented to the Board. ,, Section 17. The Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Director, individually and collectively, are authorized and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and I perform all other acts as may be required by the documents contemplated hereinabove or as may be 4 deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 18. The County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated 1 by the Securities and Exchange Commission (the "SEC") and for the benefit of the Registered Owners , and beneficial owners of the 2015 Bonds, as follows: i (1) by not later than seven months after the end of each Fiscal Year to the Municipal Securities Rulemaking Board (the "MSRB") in an electronic format as prescribed by the MSRB, , the audited financial statements of the County for the preceding Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may € be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; f , i t 1 l (2) by not later than seven months after the end of each Fiscal Year to the MSRB, the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the captions "THE COUNTY--DEBT INFORMATION" and "—TAX INFORMATION" (excluding information on overlapping units) in the Official Statement referred to in Section 16; (3) in a timely manner not in excess of 10 business days after the occurrence of the event,to the MSRB,notice of any of the following events with respect to the 2015 Bonds: { } (a) principal and interest payment delinquencies; 1 (b) non-payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial { difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB)or other material notices or determinations with respect to the tax status of the 2015 Bonds or other material events affecting the tax status of the 2015 Bonds; (g) modification of the rights of the Beneficial Owners of the 2015 Bonds, if material; (h) call of any of the 2015 Bonds, if material, and tender offers; (i) defeasance of any of the 2015 Bonds; (j) release, substitution or sale of any property securing repayment of the 2015 Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency,receivership or similar event of the Board; (m) the consummation of a merger, consolidation, or acquisition involving the Board or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business,the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; and (n) the appointment of a successor or additional trustee, or the change in the name of a trustee, if material;and (4) in a timely manner to the MSRB, notice of the failure by the County to provide 3 t I [ 1 the required annual financial information described in (1) and (2) above on or before the date specified. `i The County agrees that its undertaking under this Paragraph is intended to be for the benefit of t the registered owners and the beneficial owners of the 2015 Bonds and is enforceable by any of the i I registered owners and the beneficial owners of the 2015 Bonds, including an action for specific performance of the County's obligations under this Paragraph, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the 2015 Bonds. An action must be instituted, had and maintained in the manner provided in this Paragraph for the benefit of all of the registered owners and beneficial owners of the 2015 Bonds. All documents provided to the MSRB as described in this Paragraph shall be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed 1 by the MSRB. The County may discharge its undertaking described above by providing such information in a manner the SEC subsequently authorizes in lieu of the manner described above. 1 The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment 1 of the County, but: (1) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements,change in law or change in 1 the identity,nature or status of the County; fi (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into ; account any amendments or interpretations of the Rule as well as any changes in i circumstances; 1 1 (3) any such modification does not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the 2015 Bonds. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of 1 operating data or financial information being provided. 1 The provisions of this Paragraph terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the 2015 Bonds. 1 Section 19. Those portions of this Resolution other than Paragraph 18 may be amended or I supplemented,from time to time,without the consent of the owners of the 2015 Bonds if in the opinion of t nationally recognized bond counsel, such amendment or supplement would not adversely affect the 1 interests of the owners of the 2015 Bonds and would not cause the interest on the 2015 Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding 2015 Bonds, exclusive of 2015 Bonds, if any,owned by the County, but a modification or amendment(1)may not, without the express consent of any owner of 2015 Bonds, reduce the principal amount of any 2015 Bond, reduce the interest rate payable on it, extend its maturity or the times for ) paying interest, change the monetary medium in which principal and interest is payable, or reduce the g 3 i 1 1 1 I i 1 1 percentage of consent required for amendment or modification and (2) as to an amendment to Paragraph 18,must be limited as described therein. , i Any act done pursuant to a modification or amendment consented to by the owners of the 2015 y Bonds is binding on all owners of the 2015 Bonds and will not be deemed an infringement of any of the 1 provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been I given, no owner of a 2015 Bond has any right or interest to object to the action, to question its propriety 1 or to enjoin or restrain the County from taking any action pursuant to a modification or amendment. t , If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owners of the 2015 Bonds, the registrar for the 2015 Bonds shall, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner of the 2015 Bonds then outstanding by first-class mail,postage prepaid,to the address of such owner as it appears on the registration books; but the failure to receive such notice by mailing by any owner, or any 1 defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file at the principal office of the registrar for the 2015 Bonds for inspection by all owners of the 2015 Bonds. If,within 60 days or such longer period as shall be prescribed by the County following the giving of such notice, the owners of a majority in aggregate principal amount of 2015 Bonds then outstanding have consented to the proposed amendment,the amendment will be effective as of the date stated in the notice. i Section 20. Nothing in this Resolution precludes (a) the payment of the 2015 Bonds from the proceeds of refunding bonds or(b)the payment of the 2015 Bonds from any legally available funds. i If the County causes to be paid, or has made provisions to pay, on maturity or on redemption before maturity, to the owners of the 2015 Bonds the principal of the 2015 Bonds (including interest to t become due thereon), through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that 1 purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, moneys 1 sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the A County shall so notify Moody's and S&P, and then such 2015 Bonds shall be considered to have been discharged and satisfied, and the principal of the 2015 Bonds (including and interest thereon) shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this Resolution requires the deposit of more than such Federal Securities as may be sufficient, taking into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any 1 such defeasance. s If such a defeasance occurs and after the County receives an opinion of a nationally recognized accounting or verification firm that the segregated moneys or Federal Securities together with interest earnings thereon are sufficient to effect a defeasance, the County shall execute and deliver all such instruments as may be necessary to effect such a defeasance and desirable to evidence such release, discharge and satisfaction. The County shall make provisions for the mailing of a notice to the owners of the 2015 Bonds that such moneys are so available for such payment. 1 Section 21. If any one or more of the agreements or provisions herein contained is held contrary to any express provision of law or contrary to the policy of express law, though not expressly I prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants, agreements or provisions are null and void and separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2015 Bonds authorized hereunder. 1 i Section 22. All resolutions or parts thereof of the Board in conflict with the provisions herein contained are,to the extent of such conflict,hereby superseded and repealed. Section 23. This Bond Resolution is effective on its adoption. ti 6 I { yt { y I 1 a x i 1 s f APPENDIX A a i FORM OF 2015 BOND i No. R- $ UNITED STATES OF AMERICA 7 STATE OF NORTH CAROLINA 1 COUNTY OF NEW HANOVER t INTEREST RATE MATURITY DATE DATED DATE CUSIP FEBRUARY 1, AUGUST 27,2015 I REGISTERED OWNER: CEDE&CO. i PRINCIPAL SUM: DOLLARS GENERAL OBLIGATION BOND,SERIES 2015 1 i THE COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County") acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, on the Maturity Date specified above, upon surrender hereof, the Principal Sum shown above and to pay to the I Registered Owner hereof interest thereon from the date of this 2015 Bond until it shall mature at the Interest Rate per annum specified above, payable on February 1, 2016 and semiannually thereafter on 1 February 1 and August 1 of each year. Principal of and interest on this 2015 Bond are payable in I immediately available funds to The Depository Trust Company ("DTC") or its nominee as registered owner of the 2015 Bonds and is payable to the owner of the 2015 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. i 1 This 2015 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, the Bond Order relating to the Streetscape Projects (as defined below) and the Bond Order relating to the Sidewalk Projects (as defined below) adopted by the Board of the County on July 29, 2013 and approved by the vote of a majority of the voters who voted thereon at a referendum duly called and held on September 10,2013. The 2015 Bonds are being issued to provide funds(1)to fmance the capital costs of the provision of facilities for Cape Fear Community College, including the construction and renovation of 2 buildings for classrooms, laboratories, training facilities and administrative offices and the provision of related parking facilities, and including the acquisition and installation of furnishings and equipment and the acquisition of land or rights-in-land required therefore, and to pay capital costs of such improvements 1 (the "Community College Projects"), (2) to finance the capital costs of constructing, improving, and I renovating school facilities, specifically including, among other things,the construction and renovation of classroom facilities and district-wide improvements for safety, security, technology and building , infrastructure,the acquisition and installation of furnishings and equipment,and the acquisition of land or ? rights—in—land required therefor (the "School Projects") and (3) to pay the costs of issuing the 2015 Bonds. . i i I 1 1 1 i 7 E $ The 2015 Bonds maturing on or before February 1, 2025 will not be subject to redemption prior 999E to maturity. The 2015 Bonds maturing on and after February 1, 2026 will be subject to redemption prior to maturity, at the option of the County, from any moneys that may be made available for such purpose, feither in whole or in part on any date on or after August 1, 2025. The 2015 Bonds called for redemption will be redeemed at the redemption price of the principal amount of 2015 Bonds to be so redeemed, plus t accrued interest to the redemption date. [mandatory sinking fund redemption] 1 1 If less than all of the 2015 Bonds are called for redemption, the County shall select the maturity or maturities of the 2015 Bonds to be redeemed in such manner as the County in its discretion may determine and DTC and its participants shall determine which of the 2015 Bonds within a maturity are to be redeemed in accordance with its rules and procedures; provided, however,that the portion of any 2015 1 Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2015 Bonds for redemption, each 2015 Bond shall be considered as representing that number of 2015 Bonds which is obtained by dividing the principal amount of such 2015 Bond by$5,000. Whenever the County elects to redeem 2015 Bonds, notice of such redemption of 2015 Bonds, stating the redemption date, redemption price and any conditions to the redemption and identifying the 2015 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such 1 redemption date there shall become due and payable on each 2015 Bond or portion thereof so to be redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of the 2015 Bonds, by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2015 Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then-registered owners of the 2015 Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. E It is hereby certified and recited that all conditions, acts and things required by the Constitution or 1 statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this 2015 Bond, exist, have been performed and have happened, and that the amount of this 2015 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 1 the principal of and interest on this 2015 Bond in accordance with its terms. 1 This 2015 Bond shall not be valid or become obligatory for any purpose until the certification I hereon shall have been signed by an authorized representative of the Local Government Commission. 1 , l H 7 I 4 } t i ti s f PASSED,ADOPTED AND APPROVED this 20th day of July 2015. Go�N�Y'Nod (SEAL) �Q- 'y New Hanover County At �FrT�aus�iEO� Jon an Barfield , an ATTEST: Clerk to the Board fi { IN WITNESS WHEREOF, the County has caused this 2015 Bond to bear the original or facsimile of the signatures of the following officers of the County and an original or facsimile of the seal of the County to be imprinted hereon and this 2015 Bond to be dated their date of issuance. (SEAL) Clerk to the Board Chairman of the Board Date of Execution:August 27,2015 The issue hereof has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission I 1 1 1 l i FORM OF ASSIGNMENT ASSIGNMENT i FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto 4 (Please print or typewrite Name and Address, I including Zip Code, and Federal Taxpayer Identification or I Social Security Number of Assignee) E k I i , 1 the within 2015 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints I i i Attorney to register the transfer of the within 2015 Bond on the books kept for registration thereof, with full power of substitution in the premises. 1 1 Dated: 1 Signature guaranteed by: i NOTICE: Signature must be guaranteed by NOTICE: The signature to this assignment must 1 a Participant in the Securities Transfer correspond with the name as it appears on the i Agent Medallion Program ("Stamp") or face of the within Bond in every particular, I similar program. without alteration, enlargement or any change whatever. E q 1 TRANSFER FEE MAY BE REQUIRED i 1 i 1 1 1 a 1 F cc 1 Y R 15 {6 3 Exhib' Book Page 13. 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING NEW HANOVER COUNTY TO PAY ECONOMIC DEVELOPMENT INCENTIVES WHEREAS, AAIPharma Service Corp. ("Company"), proposes to expand its world headquarters facility and staffing in Wilmington,NC; and WHEREAS, the project will include the expansion of a headquarters facility and hiring of an additional 50 or more new employees; and WHEREAS, in connection with the development of the project, the Company shall invest at least $20 million in the improvements, expansion, and facilities that will be located on this property (collectively, the "Facility") and to employ 50 or more new hires, together with the current staffing, over five years; and WHEREAS, in connection with the development of the project, the Company shall create additional high quality, well-paying jobs; and WHEREAS, under a required Incentive Agreement ("Agreement"), the Company would agree to refund to the County a portion of the economic development incentive grants it receives if the Company does not sustain the facility investment benchmark or the jobs benchmark, as those terms shall be defined in the required Agreement; and WHEREAS, the Company's location of the project at the Facility would, in addition to bringing the jobs described above, produce revenue for local businesses and the County due to the employment of individuals and the spending by the Company; and WHEREAS, the Company's investment at the Facility would substantially enhance the County's property tax base and increase the County's property tax revenues; and WHEREAS, the employment of 50 or more new full-time persons at the Facility would create jobs for the area and provide a positive economic impact for the County; and WHEREAS, pursuant to the provisions of North Carolina General Statutes §158-7.1, this Board of Commissioners deems it is desirable and in the best interests of the County and its businesses and residents to offer certain economic development incentives to the Company and to enter into an Agreement with the Company; and WHEREAS, this Board of Commissioners has organized and approved the holding of a public hearing at the Board's July 20, 2015 regular meeting, to discuss and approve certain economic development incentives to the Company. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County,North Carolina, as follows: 1 1. The Board of Commissioners approves appropriating and spending from the County's general fund amounts to make cash grants of$55,000 annually, totaling $275,000 over a period of five years, contingent upon the Company expanding a corporate headquarters building and other capital improvements (building, equipment and fixtures) costing at least $20 million dollars and hiring 50 or more new full-time employees in addition to the current staffing. The grants will not commence until a certificate of occupancy is issued for the Facility. 2. To implement these incentives and the Company's associated refund obligations for failure to sustain the investment and jobs benchmarks, the Board of Commissioners hereby authorizes County staff to prepare an Incentive Agreement and authorizes the Chairman of the Board of Commissioners and/or the County Manager to execute that Incentive Agreement on the County's behalf and to take all actions necessary to implement the actions and grants required by that Agreement. 3. By and with the approval of the County Attorney, the Chairman and/or County Manager, is hereby authorized, empowered and directed to do any and all other acts and to execute any and all other documents, deemed necessary and appropriate in order to consummate the transactions contemplated by this Resolution, including without limitation to negotiate and approve changes to that Agreement's language that do not increase the amounts of the cash grants the County is required to pay the Company, or decrease the amount the Company is required to refund to the County under the Agreement; except that none of the above shall be authorized or empowered to do anything or execute any document which is in contravention, in any way, of the specific provisions of this Resolution. 4. This Resolution is effective upon its adoption. ADOPTED this the 20th of July, 2015. BOARD OF COMMISSIONERS FOR THE Gp1JN l Y• COUN. Y OF NEW HANOVER - \ (-1 e /7/ w • ? J• "athan Bar ire. •, ! airman Alr •F'T441l.SIiFD 1119 ATTEST: 41.11.1/›-et.) `I) Teresa P. Elmore, Clerk to the Board APPR oi ED AS TO FORM • Wanda Copley, County Atto "ey 2 { i Exhibilp-W7 Boolc. T age I:12). (d IC 3 , 3 3 3 ; 1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER 1 i AMENDING THE ZONING ORDINANCE i OF NEW HANOVER COUNTY, NORTH CAROLINA i i ADOPTED July 7, 1972 respectively and subsequently amended 1 , i CASE:A-422,6/15 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: i 1 1 Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as I amended be, and the same is hereby further amended to read as follows in the section(s) noted: I i ; . I The following language indicated in red shall be added to the Zoning Ordinance. Deletions have 1 strikes through them: : ! Section 50: Establishment of Use District; Table of Permitted Uses , , g 1 I R e 0 F ! R R R R R BBII & AASRMSupp NAICS 1 i Permitted Uses PD 20S 20 15 10 7 1 2 1 2 IR ICAURegs 3 ; Agriculture, Forestry, 4 4 i Fishing 1 i Agricultural Uses P P P P P P PP P P P P PP 1 , Kennels P , S , S S P P P , S P S 4 4 ] Veterinaries P P P P S , P P i Wholesale Nurseries& 1 1 Greenhouses P P P P P P PP P P P P PP i i (12/13/82) i I -•4 Mining . 1 i . . 1 Mining&Quarrying S S 72-42 21 i (Low Intensity) 1 i Mining&Quarrying S 72-42 21 ; I (High Intensity) i . . ' , Construction 1 i * _ I General Building i P P P P P Contractor ] I General Contractors 1 P P P P , I Other Than Building 1 Landscaping 1 I Contractors(12/13/82) P P P P P 4 4 1 A-422, 6/15 Page 1 i , , , i I 1 1 1 R 0 F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 I R I C A U Regs 1 Special Trade i Contractors P P P P P Special Trade& General Contractors P P P p with no Outside — Storage (12/5/88) { Manufacturing _ Artisan Manufacturing P P p p p P S Limited Manufacturing P S P p P General Manufacturing V S P S k Intensive i Manufacturing S Solar Power Farms p P S . . Transportation, Communication, Utilities i 4 1 Air Transportation P P p P i . Bus&Taxi Terminals (2/14/83) P P P P 1 Commercial Marina t with Floating S S S S S S S S S 1 Structures(4/2/84) Commercial Marina P S P SS S (2/14/84) - I Dry Stack Storage of Boats: (1/7/08) _ Asa stand- 1 alone warehouse P P P As accessory P S S S S P P P P § to a marina `I Electric/Gas& 1 Sanitary Services P P P P P P P P P P P P P P P ) Electric Substations P 5 5 5 S P P P P P S P P S Junk Yards,Scrap 423930• Processing(See Section P 63.3-2 423140; 3 63.3-2) 423130 3 Mini-Warehouses P P P P P t A-422, 6/15 Page 2 1 I 4 i I i i i 1 R 0 F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 I R I C A U Regs Motor Freight Transportation P P P P Warehousing f _ i Post Offices P p p P P p Railroad Transportation P Recreational Vehicle and Boat Trailer P P P P P P P 63.10 Storage Lots (2/3/14) _ l Telephone&Telegraph P P P P P P P P P P P P P P P 1 Facilities s - TV& Radio P p P P S Broadcasting Warehousing P p p p P 1 Water Transportation P p p P Facilities Other Communication A Facilities Including S S S S S S S S P P S S S S S Towers (2/5/96) ( Antenna &Towers Less Than 70 Ft. In Height& Ancillary to the P P P P P P P P P P P P P P P I Principal Use(2/5/96) Cellular& PCS Antennas(See Section P P P P P P P P P P P P P P P 63.5-1 (H) a Amateur Radio 1 Antennas(up to 90 ft.) P P P P P P P P P P P P P P I f (10/07) , Wholesale Trade Livestock Sales _ p Wholesaling P P p P Wholesaling With No Outside Storage P P p (11/2/81) Wholesaling Seafood p p p p p With Water Frontage Retail Trade P p P P P A-422, 6/15 Page 3 f ) } } 1 | } - . . . � ; [ } R i 0 F } R R R R R B B I | & A A S R M S pp NmCS (P rmitte Uses PD 2 S 2 15 1 7 1 2 1 2 I R I C A U Regs ) Automobile Service p P P P P P P ] Station Automobile Dealers&] p p p p p ) Truck Sales ) Boat Dealers P P P P P ) Building Material& p P P P P } Garden Supplies ! Convenience R o o p S S S p P P P S S P S } Store (7/5/85) ) Drug Store P P P _ P Neighborhood Drug Store Eating an Drinking) Places P P P P P P P } Entertainment • } Establishments, Bars, P S P P P ) Cabarets, Discos 4 Entertainment 1 Establishments, Bars, P P P P P , Cabarets, BaShopping — \ Center } FrmImplmemSls P P P P P . w ) Food Stor s P P P £ P } Fruit&Vegetable Stand } Produced } Parcel as Offered for } Sale } Furniture, Home ` ) Furnishing& P P P P £ P } Equipment ] General Merchanire ' \ ] Stores P P P £ P } Handcrafting Small p P P P ` P : Articles ) Hardware P P P P P ) . } Landscaping Service P P P P Miscellaneous Retail P P P P P !) _ Mobile Home De alr ) & Prefabricated P P P P } Buildings(5/6/85) ) /I } A42615 Page { \ \ ) } 1 ) , ) l ) ] - - - - \ ■ ) 0 F } R R R R R B B I I & A A S R M S p NAICS } Permitted Us s PD 20S 20 15 10 7 1 2 1 2 I R I _C A U R g } Retail Nurseries P P P P S P ) (12/13/82) - } His oric, Restaurant P s P P P P } _ ) Financing, Insurance, ] Real Estae ) _ ! Banks,Credit ) P P P P P P , Svns&Lan . ) . _ . _ _ _ ] } Services ) ] Adult Entertainment }1 Establishments Automobile/Bat ` Repair Sales P P P P P ) 1 Automobile Rentals P P P } Barber/Beauty Sh p . 1 ` (10/90,7/10/06) P P P P P P P } ) Bed and Breakfast Pan S S S s s , (6/5/06) 1 Business S rvice @ P P P P P \ Including Printing ) Camping,Travel Tmlr p s P 5 \ Parks(2/14/83) }` Driv, +bTetr P P Dry Cleaning/Laundry P P P I Plant Electrical Re pair Shop P P P P } Equipment R«a& p P P P P ) Leasing — , Funeral Home P P P P Golf Courses P P P ) Hotels& Motels } (12/13/82) P P P } ) e P & S S S s P P P P S S S P S r . h_c_s } {-24-14424467-044 , \ . A-422, 6 15 Page 5 ) I ) ) 1 i I ) 1 I } 1 } - - - - i ) R j 0 F ! R R R R ■ B B I I & A A S R M S p NAICS )) Permitted U e PD 20S 20 15 10 7 1 2 1 2 I R I C A U R gs Indoor Rec e ton ) Establishments £ S S S S S P P P P S S P P S ) Outdoor Rece Hon ) E bb ishmem\ £ S s s s s P P P P S s s P £ } Indoor Th etr } (2/14/83) P P £ P ! Outdoor Sho oin , Rne(278) S s Parks& R cr kbn P P P P P P P P P P P P P p P } �� �//7 . . . } Personal Services P P P p P } Resort Hotel/Motel p p P p ) (1/4/83) _ } Stables(3/2/81) P P P P P P ` P P P ) Septic T nk Vacuum P P P ` 562991 Service ) ) Wkc,Clock,Jewelry Repair p p p P — . ) _ . , ) Health , ! . . ] AuRDyCr P 5 5 S S S P S i Child C r Center \ (1 $ P S S S S S P P S S P P s S 1 Community Center P s S S S S _ P S } Family C ild Care Home i (10/7/13) P P P P P P SS P S 72-20 \ \ \ } Hospitals P S SS 5 5 P P S < . . . ) Nursing § \ ] Home/Rehabilitation P s SS S S P P S ) C Center 0) Residential Care P P P P P s P P P ! (9881 } } Educational Services )3 Colleges, Universities, Professional Schools& P s s s s S P P S ! Technical ` Elementary& I Secondary Schools P P PPP s P P i A-422, 6 15 Page 6 \ } } 1 ) ( 1 3 i R 0 F , R R R R R B B I I & A A S R M Supp NAICS i Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs 1 Libraries P P P P P S P P P P P P Museums(5/2/83) P P P P P P Membership Organizations x Churches _ P P P P P S P PPP P P P P P P I Labor Organizations P p p P Lodges, Fraternal & Social Organizations P S S S S S PP P S S (5/2/83) i Fraternities/Sororities, Residential P P P i Other ( Accessory Buildings or ( Uses, clearly incidental to the Permitted Use or P P P P P P P P P P P P P P P Building(see Section I 63.2) 1 Cemeteries S S S S S S S S Christmas Tree Sales 1 (7/6/92) P P P P P P P P 1 Circuses, Carnivals, 1 Fairs&Side Shows of No More than 30 Days P P P P P P li 5 H 3 Duration Per Year Community Boating S S S S S SS S Facility(8/6/92) A Private Residential Boating Facility P P P P P P P (9/19/92) P Demolition-Landscape p p p p P p P P P P P P P P 63.3-3 562219 1 Landfill Duplexes P S PS P Dwelling Unit Contained within P 5 5 5 S S 1 Principal Use(4/85) i A-422, 6/15 Page 7 R O F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 I R I C A U Regs Electronic Gaming Operations (5/3/10) S S (see section 63.10) Evangelistic and Religious Assemblies P P P P P P P P P P P P P P P not Conducted at a Church (7/6/92) Government Offices& Buildings P S S S S S P P P P P P P P S High Density Development (3/22/82) Permitted only within P S S S Urban or Transition Area (2/16/87, 10/11/95) Home Occupation P P P P P P P P Mobile Home S P P P S S P S Mobile Home, P P PP S S P P Doublewide (6/7/82) Mobile Home Park (Density shall not exceed 2.5 Units Beyond Urban S S S Transition area) (2/16/87, 10/11/95) Mobile Home Subdivision (6/1/92) S S S S S S Offices for Private Business & Professional P P P P P P P P Activities Outdoor Advertising P P P Pumpkin Sales (7/6/92) P P P P P P P P Principal Use Sign P P P P P P P P Research Facilities P P P P P Residential Private Pier P P P P P P P Sanitary Landfill S 72-13 562212 Septage, Sludge Disposal (7/6/83, S 72-33 221320 8/1/83) A-422, 6/15 Page 8 R O F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 I R I C A U Regs Senior Living: Active adult retirement community or S S S S Independent Living (11/10/08) _ Senior Living: Assisted Living or Personal Care S S S S S Facility (11/10/08) Senior Living: Continuing Care Retirement Community P S SS S S or Life Care Community (11/10/08) Single Family Dwelling P P P P P P S S P P P P Single Family Dwelling- Attached (1/4/82) P P P P P S S P Special Fund Raising for Non-Profit P P P P P P P P P P P P P, P Organizations (7/6/92) _ Temporary Sign P P P PP PP P P P P P P P P Recycling Facilities: (1/3/89) Small Collection P S S S S S P P P P S S PP 63.3-4 562920 Large Collection P S S S S S P P P S S PS 63.3-4 562920 Processing P P S 63.3-4 562920 Large Collection with Processing S S S S 63.3-4 562920 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 inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. A-422, 6/15 Page 9 Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that this zoning ordinance amendment is: Consistent with the purposes and intent Policies 4.1,4.2,4.3, 5.7,and 15.5 of the 2006 CAMA Land Use Plan because the amendment would broaden the uses allowed in the Airport Industrial Zoning District that would benefit from the location of the zoning district or be supportive of airport operations while having minimal impact on surrounding businesses and residents. Reasonable and in the public interest as the amendment would support the public investment in the airport and surrounding infrastructure and transportation network while preventing hazards to the airport and minimizing impacts to the surrounding community. Adopted the 20th day of July, 2015. 3 Y. Jo athan Barfiel 'r, an (:0-6 /! Attest: 141 a? 1./41 T PTA A� Teresa Elmore, Clerk to the Board 'RI 1M ED t� V 3 / DCathil 1 1 1 A-422, 6/15 Page 10 Exh' �/� Book 13 i 9Gt, NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR MATERIAL RECOVERY FACILITY(MRF) IMPROVEMENTS WHEREAS, after due advertisement, rebids were received and recorded by the Environmental Management Department at 2:00 p.m. on the 2°1 day of July 2015, in the Finance Department conference room, 230 Government Center Drive, Wilmington, North Carolina, and one (1) company submitted a qualified bid for the provision of construction services for improvements to the Material Recovery Facility; and WHEREAS, Bordeaux Construction Company, Inc., submitted the only qualified bid in the amount of$1,157,100; and WHEREAS, a bidder qualification review was completed by County staff for Bordeaux Construction Company, Inc., determining that Bordeaux Construction Company, Inc. is a responsible bidder; and j WHEREAS, funds for this project are available for transfer from the Environmental Management Enterprise Fund into the Environmental Management Capital Improvement Project Fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of construction services for the MRF Improvements, and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this the 20th day of July, 2015 NEW e ' OVER COUNTY gg .�`, 4 QP / p 1• Ii lls�I OW, Jo an . .� r �, r., hairm. ' 3 ° ATTEST: is a, n J 1 .JQy/ r SII[,�� Teresa P. Elmore, Clerk to the Board } e . j , E •. ,' ib Bo• 'ice A sage 7 1 AGENDA: July 20,2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS i AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BY BUDGET AMENDMENT 2016-007 i BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2016-007 be made to the annual budget ordinance for the fiscal year ending June 30,2016. t Section 1: Details of Budget Amendment I Strategic Focus Area: Productive Strategic Partnerships Strategic Objective(s): Collaborate on regional planning Develop appropriate public/private partnerships 1 Fund: Environmental Management 1 Department: Environmental Management Expenditure: Decrease Increase Transfer to capital project $452,100 Environmental Management $452,100 Total 0 $452,100 _ $452,100 Fund: Environmental Management Capital Improvement Department: Environmental Management _ sExpenditure: Decrease Increase Capital project expense $452,100 Total $0 $452,100 Revenue: Decrease Increase f Transfer in from Environmental Management $452,100 1 Total $0 $452,100 Section 2: Explanation The responsible bid received for the project to improve the Materials Recovery Facility(MRF)was $1,157,100. Currently the capital project fund has$705,000 available for the project expense. An _' additional$452,100 is requested to be transferred from the Environmental Management Enterprise Fund i to provide adequate funding for the bid award. 1 Section 3: Documentation of Adoption I 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 2016-007,amending the annual budget ordinance for the fiscal year ending June 30,2016,is adopted. Adopted,this 20th day of July,2015. 3 0NTY.�(SE O p �� 1: /� � y QQz > Jonath., :• eld,Jr.,Ch:�'� ul IS 2 S ill .1 ATTES : I 1 ?is'i.;,;:.', 2 ,,':c.1."= .111-14•4) EIA'14-411—Z 1 Teresa P.Elmore,Clerk to the Board 9 i I 1 1 1