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2017-04-03 RM ExhibitsBoo Page ak �t g /\ L NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION WHEREAS, children are vital to our state's future success, prosperity and quality of life as well as being our most vulnerable assets; and WHEREAS, all children deserve to have safe, stable, nurturing and healthy homes and communities that foster their well- being; and WHEREAS, child abuse and neglect is a public responsibility affecting both the current and future quality of life of a state; and WHEREAS, parents need support and resources to help cope with stress and nurture their children to grow to their full potential; and WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community; and WHEREAS, New Hanover County is committed to preventing child abuse and calls upon the citizens from all walks of life to increase their participation in efforts to support families, and thereby prevent child abuse and strengthen communities. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2017 will be recognized as "Child Abuse Prevention Month" in New Hanover County. The Board calls upon all citizens, community agencies, father groups, medical facilities, elected leaders and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the community in which we live. ADOPTED this the Yd day of April, 2017. � v An ite, L; ATTEST: kkVVbV,k 0 AA • — eigh G. Peowell, Clerk to the Board Exhibit r-V-7n Book Page d—(. � AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED October 6, 1969 respectively and subsequently amended CASE: TA17 -01 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be, and the same is hereby further amended to read as follows in the section(s) noted: The following language indicated in red and underlined shall be added to the Zoning Ordinance. Deletions are red and have strikes through them: Article VII: Provisions for Uses Allowed as Special Uses — Section 72-43: High Density Development (5) Setbacks and Uses (A) The required minimum setback for High Density development shall not be less than twenty -five 25 feet. (7/5/95) When such projects are located and adjacent to any existing detached residential development (not including Mobile Home Parks or other High Density or Planned Developments), structures over twenty -five (25) feet in height shall be setback a distance equal to the height of the structure. TA17 -01 Order Page 1 nee..i.e.d sett aek _ (Eluil.dwRg Height) x (4.73) a. b. The Fequir set S Fnay bC; eQQCCd aSSF {..eTl'1eQ Tr.7eCr7vrr-v2-. In Re ease, however, Shall the M p- t-barCL be Ie56 than 59- fee e. The art of the r.d ad a et to the existiAg detaehe.d . .-i.de.,tia.1 X4 B) In no case shall any part of a detached single - family dwelling unit be located closer than ten (10) feet to any part of any other detached single - family dwelling, and in no case shall any part of a multiple dwelling unit be located closer than twenty (20) feet to any part of another dwelling unit. (6/1/92) Article VII: Provisions for Uses Allowed as Special Uses — Section 72-43: High Density Development (11) Maximum allowable height for structures shall be fort 40 3-5 feet. However, the maximum allowable height for piling supported primary structures which are located in "Coastal High Hazard Areas, V- Zones" and /or Ocean Hazard Areas as defined by the Coastal Resources Commission shall be 44 feet. (10/5/92) Article VI: Supplementary District Regulations — Section 62.1 -4: Additional Requirements for Berms and for Yards in which Buffers are Required (1) Location of Buffer Strips — Buffer strips shall be required to screen any non - residential use from any residential use or district. Bu#eF St.i.... Shall aISe be . .e,d to SeFeen Ode Val e Buffers strips shall also be required to screen the below developments from the adjacent land uses, however, no buffer will be required for high density detached lots provided lots equal or exceed 5000 square feet (10/7/91). Buffer strips shall be required only along the perimeter boundary of an END (3/1/10). TA17 -01 Order Page 2 D Ment of S!j§J2q S te Mug Provide Buffer Stri • Attached residential developments; • Detached or duplex residential • Mobile home parks; structure; • High density developments; or • Undeveloped residentially zoned land within the General • Planned developments. Residential or Rural Residential place types; • Platted residential lots; or • Proposed residential lots included within an approved and valid preliminary plat for a maior subdivision. The following subsections of section 62.1 -4 shall be relocated to a new section: 62.1 -4.1: Additional Screening Requirements ( &1) Uses in the rear and side yards abutting a residential use - The following uses shall be shielded from view from the property line of the residential use by means of a 100% opaque solid wall. 1. dumpsters or other trash holding areas 2. outside storage areas 3. loading /unloading areas 4. heating /air conditioning units, including roof mounted units. In addition, all lights shall be shielded in such a manner that light from the fixture will not directly radiate into the buffeF StFffip 9F beyend adjacent property. (72) Screening for Dumpsters and Outside Storage along Public Right -Of -Ways The following uses shall be screened from the view of any public right -of -way or adjacent property. Screening shall be at least 8 ft. in height and may consist of living and nonliving material as specified in this section. 1. The rear side of a building where that side abuts a street right -of -way, or any dumpster or trash receptacle storage area used in connection with any business establishment. 2. Any outside storage area for vehicles awaiting repair in connection with any automotive or motor vehicle repair business, where the number of such vehicles exceeds five. 3. Any outside storage area for any equipment used in excavation, building site preparation, or construction. No part of any equipment stored in such area may project above the screen. (7/01) TA17 -01 Order Page 3 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 the 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 this action, shall be in full force and effect from and after its adoption. Section 4. 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 of the 2016 Comprehensive Plan because it promotes mixed use development patterns that are encouraged throughout the Plan. Reasonable and in the public interest because the proposal updates outdated requirements that may hinder mixed use development patterns; which promote business success, maximize the efficient use of land, and support alternative modes of transportation, reducing the dependency on the automobile. Adopted the 3`d day of April, 2017. Ls�nx�!'V!A' Woody White, C06irman Attest: I C) K Crowell, Clerk to the Board TA17 -01 Order Page 4 Exhibit Book Page ° RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE AND REVENUE REFUNDING BONDS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County") has determined that it is advisable to issue its hospital revenue and revenue refunding bonds (the "Bonds ") in an amount not to exceed $220,000,000 to (a) finance or reimburse New Hanover Regional Medical Center (the "Corporation ") for the cost of various capital improvements and equipment for the Corporation's health care facilities, including, without limitation, (i) the construction and equipping of a new orthopedic and spine hospital with addition of three 36 -bed patient floors with 134,000 square feet on top of the existing surgical pavilion on the Corporation's main campus, (ii) the expansion and renovation of the existing 21,260 square feet intensive care unit to include refurbishing 40 existing intensive care unit patient rooms and installing new nursing stations and renovating staff support spaces, (iii) the renovation of the existing ground and first floors of the Zimmer Cancer Center to create a new lobby and central registration and provide outpatient cancer care functions including a medical oncology clinic, a lab, a pharmacy, 50 infusion bays and a waiting concourse, (iv) the construction and renovation to the main campus emergency department which will increase the number of treatment bays from 54 to 107, and (v) the construction of a precast concrete five level parking deck and sky bridge with 720 parking spaces, stairs and elevators and new metal structure single span covered pedestrian bridge and other related items (collectively, the "2017 Project "), (b) refund in advance of their maturities all or a portion of the County's Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2006A and Series 2006B (collectively, the "2006 Bonds ") and (c) finance certain costs of issuance relating to the Bonds; WHEREAS, the 2006 Bonds (i) were issued to finance the 2006 Project (as defined in Exhibit A hereto and, together with the 2017 Project, the "Project ") and (ii) will be refunded only if financially advantageous to the County and the Corporation; WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the County to apply to the Local Government Commission of North Carolina for its approval of the issuance of Bonds for the purposes set forth above; WHEREAS, the Board desires to retain Fifth Third Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co- senior managing underwriters; Parker Poe Adams & Bernstein LLP, as bond counsel; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to the Corporation; Womble Carlyle Sandridge & Rice, LLP, as underwriters' counsel; and U.S. Bank National Association, as trustee and escrow agent to the extent that 2006 Bonds are refunded; NOW, THEREFORE BE ITRESOLVED by the Board, as follows: Section 1. That the County Manager, the Finance Director and the County Attorney of the County (together with any officers of the Corporation) are hereby authorized and directed to file an application with the Local Government Commission for its approval of the issuance by the County of the Bonds. Section 2. That the Board finds and determines and asks that the Local Government Commission find and determine from the County's application and supporting documentation: (a) That the bond issue is necessary and expedient; PPAB 3566473v4 (b) That amount of the Bonds is adequate and not excessive for the purposes described herein; (c) That the 2017 Project is feasible; (d) That the County's debt management procedures and policies are good; and (e) That the Bonds can be marketed at a reasonable interest cost to the County. Section J. That the Chairman and Vice Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to effectuate the issuance of the Bonds. Section 4. That Fifth Third Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co- senior managing underwriters; Parker Poe Adams & Bernstein LLP, as bond counsel; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to the Corporation; Womble Carlyle Sandridge & Rice, LLP, as underwriters' counsel; and U.S. Bank National Association, as trustee and escrow agent, shall be retained. Section 5. That the Local Government Commission is hereby requested to sell the Bonds at private sale without advertisement to any purchaser or purchasers thereof, at such prices as the Local Government Commission and the Board determine to be in the County's best interest in accordance with the provisions of Section 159- 123(b) of the General Statutes of North Carolina, as amended. Section 6. A public hearing for the proposed Bonds is hereby called and will be held at the Board's regular meeting on May 1, 2017. A notice of public hearing substantially in the form attached as Exhibit A hereto shall be published at least 14 days prior May 1, 2017. Section 7 That this Resolution shall become effective on the date of its adoption. PPAB 3566473x4 2 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kymberleigh G. Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of the resolution titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS" adopted by the Board of Commissioners for the County of New Hanover, North Carolina in regular session convened on the 3`d day of April, 2017, as recorded in the minutes of the Board of Commissioners for the County of New Hanover, North Carolina. WITNESS my hand and the seal of the County of New Hanover, North Carolina, this the 3rd day of April, 2017. (SEA] PPAB 3566473v4 I.W.,/" W--! _ , ' _ - "1.. 2 ! K)I berleigh G. Cr�qll, Clerk to the Board of Commissioners County of New Hanover, North Carolina EXHIBIT A NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA REGARDING THE FINANCING OF HOSPITAL IMPROVEMENTS WITH THE PROCEEDS OF TAX- EXEMPT BONDS NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County ") has been requested to issue its hospital revenue and revenue refunding bonds (the "Bonds ") for the benefit of New Hanover Regional Medical Center (the "Corporation ") in an aggregate principal amount not to exceed $220,000,000 to (a) be used, together with other available funds, to (a) finance or reimburse the Corporation for the cost of various capital improvements and equipment for the Corporation's health care facilities, including, without limitation, (i) the construction and equipping of a new orthopedic and spine hospital with addition of three 36 -bed patient floors with 134,000 square feet on top of the existing surgical pavilion on the Corporation's main campus, (ii) the expansion and renovation of the existing 21,260 square feet intensive care unit to include refurbishing 40 existing intensive care unit patient rooms and installing new nursing stations and renovating staff support spaces, (iii) the renovation of the existing ground and first floors of the Zimmer Cancer Center to create a new lobby and central registration; and provide outpatient cancer care functions including a medical oncology clinic, a lab, a pharmacy, 50 infusion bays and a waiting concourse, (iv) the construction and renovation to the main campus emergency department which will increase the number of treatment bays from 54 to 107, and (v) the construction of a precast concrete five level parking deck and sky bridge with 720 parking spaces, stairs and elevators and new metal structure single span covered pedestrian bridge and other related items (collectively, the "2017 Project "), (b) refund in advance of their maturities all or a portion of the County's Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2006A and Series 2006B (collectively, the "2006 Bonds "), the proceeds of which were used to finance the 2006 Project (defined below) and (c) finance certain costs of issuance relating to the Bonds. The 2006 Bonds financed the (i) construction of a surgery pavilion and related facilities, (ii) construction of a women's and children's pavilion and related facilities, (iii) renovation and expansion of the central energy plant to accommodate the expansion of the Corporation's campus and (iv) development of a new loop road, reconfiguration of existing parking lots and site work at the Corporation's campus (collectively, the "2006 Project "). Components (i) through (iv) above of the 2017 Project and all of the 2006 Project are or will be located on the Corporation's main campus located at 2131 S. 17`h Street, North Carolina 28401. Component (v) above of the 2017 Project will be located on S. 17`h Street, across from the Corporation's main campus (the current address of which is 2029 S. 17`h Street, North Carolina 28401). Each of the components of the 2017 Project and the 2006 Project are or will be owned or leased and operated by the Corporation. NOTICE IS HEREBY GIVEN that Board will hold a public hearing in Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina on May 1, 2017 at 4:00 p.m. or as soon as practicable thereafter, at which time any person may be heard regarding the proposed issuance of the Bonds. Any person wishing to comment in writing on the issuance of the Bonds should do so within fourteen (14) days after the date of publication of this notice to the Clerk to the Board of the County: by mail or overnight delivery at 230 Government Center Drive, Suite 165, Wilmington, North Carolina, 28403. COUNTY OF NEW HANOVER, NORTH CAROLINA By: Kymberleigh G. Crowell Clerk to the Board A -1 PPAB 3566473v4 CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within- mentioned Series 2017 Bonds has been approved under the provisions of The State and Local Government Revenue Bond Act of North Carolina, as amended. LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA i Secretary A -9 [FORM OF ASSIGNMENT] FOR VAL UE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ( "Stamp ") or similar program. NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED Em to] EXHIBIT B FORM OF REQUISITION U.S. Bank National Association Raleigh, North Carolina Dear Sirs: ITEM NO. On behalf of the County of New Hanover, North Carolina (the "County "), we hereby requisition from the New Hanover County 2017 New Hanover Regional Medical Care Center Project Fund (the "Series 2017 Project Fund ") created by the Bond Order adopted on October 6, 1993, as amended by the First Supplemental Bond Order adopted by the Board of Commissioners (the "Board ") of the County on February 15, 1999 and the Second Supplemental Bond Order adopted by the Board of the County on December 7, 2005 (collectively the "Bond Order ") and a Series Resolution adopted on May 1, 2017 (the "Series Resolution ") by the County pursuant to which you have been appointed to serve as trustee, the sum of $ (excluding any sales tax) to be paid to for We hereby certify that (a) such obligation in the above stated amount has been incurred in or about the acquisition, construction or equipping of the Project, as defined in the Series Resolution, is currently due and payable, and constitutes a proper charge against the Series 2017 Project Fund that has not been paid, (b) no notice of any lien, right to lien or attachment upon, or claim affecting the right of the payee to receive payment of any such amount has been filed or attached, or, if any notice of any such lien, right to lien, attachment, or claim has been received, such lien, right to lien, attachment or claim has been satisfied or discharged, or that the same will be satisfied or discharged, or that provisions (which, if applicable, are further specified below) have been made to adequately protect you and the holders of the County of New Hanover, North Carolina Hospital Revenue Bonds (New Hanover Regional Medical Center Project) Series 2017 from incurring any loss as a result of the same, and (c) this requisition contains no items representing payment on account of any retainage to which the County or the Corporation is entitled on this date. This requisition shall be paid from the (Issuance Account) (Project Account) (as defined in the Series Resolution) of the Project Fund. Corporation Representative Corporation Construction Representative (To be completed by Corporation Representative and Corporation Construction Representative and attached to requisition when requisition is for obligations payable from Project Account) CERTIFICATE OF CORPORATION REPRESENTATIVE AND CORPORATION CONSTRUCTION REPRESENTATIVE We hereby certify that the obligations covered by the above requisition do not represent Issuance Costs as such term is defined in the Series Resolution. Corporation Representative Corporation Construction Representative M.