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Agenda 2009 05-04AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS - Assembly Room, New Hanover County Historic Courthouse v 24 North Third Street, Room 301 g Wilmin ton, NC r TED DAVIS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ~ ~ ~~'a ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER r ~ BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD ~ f ~a# i ~l r e MAY 4, 2009 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (Rickie Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church) PLEDGE OF ALLEGIANCE (Vice-Chairman Jason R. Thompson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Accept Home and Community Block Grant Funds in the Amount of $926,227 for FY 2009/2010 3. Approval of Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2009 through June 30, 2010 4. Approval of Donation of Surplus Van to Northside Community Center 5. Adoption of Ordinances for Budget Amendments ESTIMATED TIMES REGULAR AGENDA ITEMS OF BUSINESS 6:10 p.m. 6. Consideration of National Preservation Month Proclamation 6:15 p.m. 7. Consideration of Drug Treatment Court Month Proclamation 6:20 p.m. 8. Consideration of National County Government Week Proclamation 6:25 p.m. 9. Presentation: Preliminary Update on 2011 Revaluation 6:40 p.m. 10. Public Hearing Consideration of Approval to Submit a Joint Application with the City of Wilmington for 2009 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funding from the U.S. Department of Justice 6:45 p.m. 11. Public Hearing Text Amendment (A-376-4/09) - Request by Staff to Amend Article I, Section 11 of the Zoning Ordinance to Clarify the Jurisdictional Limits of the Ordinance 6:55 p.m. 12. Public Hearing Text Amendment (A-377-4/09) - Request by Staff to Amend Article III, Sections 30 and 31 of the Zoning Ordinance to Update Provisions Relating to the Official Zoning Map and Its Interpretation 7:05 p.m. 13. Public Hearing Text Amendment (A-378-4/09) - Request by Staff to Amend Article IV, Section 42 of the Zoning Ordinance to Update References to Include the Cape Fear Public Utility Authority and to Clarify the Treatment of Non- conforming Contiguous Lots of Record Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ LVVI 7:15 p.m. 14. Franchise Revocation Hearing 7:40 p.m. 15. Consideration of Resolutions Authorizing Issuance of $43,000,000 General Obligation School Bonds Series 2009 7:50 p.m. 16. Second Reading Consideration of Amendment of the County Nuisance Ordinance, Chapter 23 NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 8:05 p.m. 17. Consideration of a Resolution in Support of House Bill 193, An Act to Allow All Cities and Counties to Give Electronic Notice of Public Hearings 8:10 p.m. 18. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:20 p.m. 19. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ LVVI NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on April 16, 2009 Regular Session meeting held on April 20, 2009 Budget Work Session held on April 20, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 CONSENT ITEM: 2 DEPARTMENT: Aging PRESENTER(S): Annette Crumpton CONTACT(S): Annette Crumpton SUBJECT: Approval to Accept Home and Community Block Grant Funds in the Amount of $926,227 for FY 2009/2010 BRIEF SUMMARY: The Department of Aging is eligible to receive $926,227 Home and Community Care Block Grant (HCCBG) funds FY 2009/2010. The HCCBG Advisory Committee recommends the following distribution of funds for the Commissioners consideration: Transportation $127,934; Home Delivered Meals $242,987; Congregate Meals $131,668; Case Assisted/Information/Referral $66,877; Senior Center Operations $30,231; In Home Aide Services $231,168; Adult Day Care $45,730; and Adult Day Health $49,632. The Department of Aging currently has a contract in place with Interim Health Care of the Eastern Carolinas, Inc., for In Home Aide services and Elderhaus, Inc., for Adult Day Care and Adult Day Health services. The complete county funding plan is available for review in the County Manager's Office. The required match of $66,633 is included in the Department of Aging requested 2010 budget. Interim Care and Elderhaus, Inc. are required to provide their match as a requirement to receive HCCBG funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the request to accept Home and Community Care Block Grant funds in the amount of $926,227 for FY 2010. ATTACHMENTS: HCCBG adv. com. distribution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 2-0 County: New Hanover Date: 4.08.08 SFY 2008/2009 Home & Community Care Block Grant Meeting Worksheet Decisions (Revised Distribution Plan) Is this a budget revision? Yes No _ X_ Federal/State Home & Community Care Block Grant Funding: Total $ 926,227 FY 2009-2010 What amount of monies should the identified services receive? Service Provider Allocation Transportation DOA $ 127,934 Home Delivered Meals DOA 242,987 Congregate DOA 131,668 Case Assistance/I&R DOA 66,877 Senior Center Operations DOA 30,231 In Home Aide Services DOA (Interim Healthcare) 231,168 Adult Day Care DOA (Elderhaus, Inc.) 45,730 Adult Day Health DOA (Elderhaus, Inc.) 49,632 HCCBG Total ~ 926,227 Rev.3/24/2009 Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 2-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 CONSENT ITEM: 3 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, JCPC Chairman CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Approval of Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2009 through June 30, 2010 BRIEF SUMMARY: The New Hanover County Juvenile Crime Prevention Council (JCPC) is charged with supporting efforts to reduce and prevent juvenile crime. The North Carolina Department of Juvenile Justice and Delinquency Prevention (DJJDP) allocates funding to the JCPC to assist it in carrying out administrative oversight of these efforts and subsidizes local programs that provide treatment, counseling or rehabilitative services to area youth. The JCPC is responsible for making funding recommendations to the Board of County Commissioners. If approved, the recommendations are forwarded to the DJJDP for consideration of the grant award. The total recommended amount reflects a seven percent reduction in FY09-10 from $456,152 to $424,221. The JCPC voted at its April 17, 2009 meeting to recommend funding of the programs listed below at the levels indicated for FY 2009-10: Administrative $5,500 Juvenile Day Treatment Center $158,328 Juvenile Psychological Services $221,494 Teen Court $38,899 Total $424,221 RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the recommendations from the JCPC as presented above; accept grant award, if approved by the State of North Carolina. ATTACHMENTS: JCPC Funding Recommendations COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 3-0 Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 3-0 } a l ~ , ~r~ I~ec~►~r.e~.da.t~~~~ ~Y 2~~~~~~~.~ Fri the following agencies have submitted grants for funding for FY 2009-2010. Proposed funds available far the fiscal year re $424,221 this amaun~ includes a reducfian of 7% aver tie previaus fiscal year). Amaunt CPC Laci Ta I raase given far Funds In• i Cash uet 2009-201 ra m ame Y ~-09 lie oasts etch etch they Amaunt unin Administration $15,500 $15,500 $5,500 Pscaiaici $228,581 $261,66 $72,898 $334,659 $221,494 services Day Reporting Center wJGommunity Service $170,246 $168,570 $305,722 $782,518 $1,256,810 $158,32.$ component Brigade ~G Club 121046 $25,779 $400 $147,225 $0 Community , s~rVlCf'~R~'Stitiltldn Methodist Hama Community $149,296 $75,000 $224,296 $0 ServicelRestitution ~`ee Court 1,825 $43,576 $8,850 $52,426: $38,899 To I $456,152 $744,254 $488,244 $782,91$ $2,030,916 $424,221 - ~ l ® ego ~ ices rrfuni a i / estiui~ . uven~ Srur a rvi s ou Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 3-1-1 ~ ~ r, 1 r LT f ~ ~ h iilitr r + r! a r of Fun ~ t~ n The New Hanover bounty JI~C is allotted $424,221 spending legislativefbudget appraval~ in grant funding far fiscal ear 2089-2x10. Five grant applications were received (not including administrative}. The combined JCC request for y these five grant application was X744,254. All grants submi~ed addressed the funding priarities. After carefully reviewing the grants,. the Funding. and Review ammittee recommends the following: dmi~istraio ee~fed: l Seca anion: , The committee recammends reducing funding the administration budget by 10,000. This decrease would allow other programs to be funded and allo~r far a restitution program. The ar~aunt r~c~mmended will allow for advert%in of available funds and ar~y other r~iscel{nexus cost associated with JI~C administration. coloq~cal ervlces: eueted: 201,70 co errafi~~. 22,494 This program addresses funding priarity n-umber one and contains both an assessment and counseling component. The co~trnitt recommends funding this program h very tie amount recommended for funding ~s a reduction over the previous fiscal year due to an anticipated reduction in funding Pram the N enerai Assembly. if addMt~onl funding is received, this program will be strar~g{y nsidered far additior~a# fudic~. a retr~enf tenter w1 0 of ervae om onenA eueted. ecamendatior~ , This program addresses funding priority number two and three. This pragram is a day repo~t~ng pragram that ~~yy~++~~`` p . y ~ agr ~ssu~r~itted_does not include~~retitution bank. The: . , ` '14~1~ orates Lt MY'4Am1i1u46it V'4.+A Md'fVMri9 ntr T: r,~ Funding and Restrtut~on committee recommends funding the pragram. at $158,32. Of that, $4,000 must be set aside as a restitution bank, There is also to be an understanding that all referrals e served through the program and if additional staff are needed, these positions a allocated. Teen Court euest~eW X43,57 co en anon: , This pragram addresses funding priarity number four. of ecor~ ends far in oni ervlces estitution s onsored r°i ode o s an irl~ ~t an on~mur~t e~oi~e ~stit~ti~n nsred let~~dist oe fc~r Cidr~e~: Addresses funding priority two. After reviewing the pragram agreements submitted Pram both of these agencies, the committee feels that for cast effective reasons, the pragram administered y the Juvenile Day Reporting Center would be a mare cast effective pragram. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 3-1-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 CONSENT ITEM: 4 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Sid Causey CONTACT(S): Chief Deputy Ed McMahon SUBJECT: Approval of Donation of Surplus Van to Northside Community Center BRIEF SUMMARY: On October 6, 2008, at the request of the Sheriff's Office, the Board approved the donation of a 2002 Ford E- 350 van with a fair market value of $2,500 to Communities in Schools for use in their Educational Alternatives for Suspended Youth Program. On March 23, 2009, Lucy Brewster of Communities in Schools informed the County that they could not accept the donation because the van was not equipped to transport students and the cost for tags, title and insurance would be more than $1,500. The Sheriff's Office has identified another nonprofit that they would like to have this donation. Northside Community Center, a nonprofit 501(c)(3) in the state of NC and a Division of the Cape Fear Area Resource Centers, Inc. of Wilmington would like to use this vehicle to support the vocational training program that the organization facilitates. Per GS 160A-280, a city or county may donate to another governmental unity within the US, a sister city, or a nonprofit organization incorporated by: (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve donation of van to Northside Community Center and authorize County staff to process any required documents to complete the transaction. ATTACHMENTS: Resolution Donation of Van to Northside CC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 4-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DONATION OF VAN TO NORTHSIDE COMMUNITY CENTER RESOLUTION WHEREAS, on October 6, 2008, at the request of the Sherrfff s Office, the Board approved the donation of a 2002 Ford E-350 van with a fair market value of $2,500 to Communities in Schools for use in their Educational Alternatives for Suspended Youth Program; and WHEREAS, on March 23, 2009, Lucy Brewster informed the County that they could not accept the donation because the van was not equipped to transport students and the cost for tags, title and insurance would be more than $1,500; and WHEREAS, the Sheriff's Office is requesting approval to donate the vehicle to Northside Community Center, a Division of the Cape Fear Area Resource Centers, Inc. to support the vocational training program that the organization facilitates; and WHEREAS, General Statute 160A-280 allows a city or county to donate to another governmental unity within the United States, a sister city, or a nonprofit organization incorporated by: (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused; and WHEREAS, County staff has posted a public notice at least five days prior to the adoption of this resolution approving the donation as required by the statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the 2002 Ford E-350 Van, VIN # 1FTSE34F42HA59535 be donated to Northside Community Center to support the vocational training program and County staff is directed to process any required documents to complete the transaction. ADOPTED this 4th day of May, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 4-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 CONSENT ITEM: 5 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2009. 09-221- Social Services 09-223 -Health Department 2009-62 -Finance 2009-63 -Sheriff's Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 09-221 B/A 09-223 B/A 2009-62 B/A 2009-63 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 5-0 AGENDA: May 4, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-221 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-221 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS/General Assistance Ex enditure: Decrease Increase General Assistance: Assistance Pa menu $1,735 Total $1,735 Revenue: Decrease Increase General Assistance: General Assistance Re a menu and Refunds $1,735 Total $1,735 Section 2: Explanation To budget general assistance monies received from a prior year due to a voided General Assistance check. These funds will be used to provide general assistance to another DSS client. 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 09-221, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 5-1-1 AGENDA: May 4, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-223 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-223 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Safe Kids Ex enditure: Decrease Increase Health/Safe Kids: Su lies $500 Total $500 Revenue: Decrease Increase Health/Safe Kids: Safe Kids North Carolina Grant $500 Total $500 Section 2: Explanation To budget a grant award of $500 from Safe Kids North Carolina to promote wheeled equipment safety. The funds will be used for the purchase of multi-purpose helmets for youth. No County funds are 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 09-223, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 5-2-1 AGENDA: May 4, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-62 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-62 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: $123M School Bonds Department: Finance Ex enditure: Decrease Increase Transfer to S ecial Revenue Funds (to Fund 225) $2,139,027 Total $2,139,027 Revenue: Decrease Increase Interest on Investments $2,139,027 Total $2,139,027 Section 2: Explanation This budget amendment is to budget interest earnings received in the $123M School Bond capital project and to budget a transfer of these earnings to the New Hanover County Schools Fund 225 to pay debt service. Of the total amount, $1,074,027 was included in the Adopted Budget for Fund 225, effective July 1, 2008. The remaining amount of $1,065,000 is included in the proposed budget for FY09-10. 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 2009-62, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 5-3-1 AGENDA: May 4, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-63 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-63 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol/Administration Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol: Ca ital Outla -Motor Vehicle $16,297 Total $16,297 Revenue: Decrease Increase Sheriff sOffice/Administration: Court Ordered Proceeds $16,297 Total $16,297 Section 2: Explanation To budget Court-ordered proceeds of $16,297. Court-ordered proceeds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Funds will be used towards the purchase of two vehicles. 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 2009-63, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 5-4-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): George Edwards and Lawrence Craige CONTACT(S): Bruce T. Shell SUBJECT: Consideration of National Preservation Month Proclamation BRIEF SUMMARY: The Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring National Preservation Month in May 2009. This year's theme is "This Place Matters." Executive Director George Edwards and Board President Lawrence Craige from the Historic Wilmington Foundation will be present to receive the proclamation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: National Preservation Month COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 6-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "This Place Matters" is the theme for National Preservation Month 2009, cosponsored by Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2009 be recognized as "National Preservation Month" in New Hanover County and that the people of New Hanover County are called upon to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED this the 4th day of May, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Judge Faison and/or Judge Corpening CONTACT(S): Chris Coudriet SUBJECT: Consideration of Drug Treatment Court Month Proclamation BRIEF SUMMARY: Penny Craver, Coordinator of New Hanover County Drug Treatment Court, submitted a proclamation to recognize May 2009 as Drug Treatment Court Month. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 7-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DRUG TREATMENT COURT MONTH PROCLAMATION WHEREAS, the New Hanover County Drug Treatment Court provides the focus and leadership for community-wide anti-drug systems, bringing together criminal justice, treatment, education, and other community partners in the fight against drug abuse and criminality; and WHEREAS, the New Hanover County Drug Treatment Court combines intensive judicial supervision, mandatory substance abuse treatment drug testing, and escalating sanctions and incentives in order to break the cycle of drug addiction and its concomitant crime; and WHEREAS, the judges, prosecutors, defense attorneys, treatment and rehabilitation professionals, law enforcement and corrections personnel, researchers and educators, national and community leaders, and others dedicated to the movement have had a profound impact through hard work and commitment to their communities; and WHEREAS, the national drug treatment court movement has grown from twelve original drug courts in 1994 to over 2,000 drug courts that are in operation or in the planning stages. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of May 2009 be recognized as "Drug Treatment Court Month" in New Hanover County in recognition of the practitioners and participants who make the New Hanover County Drug Treatment Court work, and for the significant contributions that the New Hanover County Drug Treatment Court has made and continues to make in reducing drug usage and associated crime. ADOPTED this the 4th day of May, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 7-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 8 DEPARTMENT: County Manager PRESENTER(S): Andre R. Mallette CONTACT(S): Bruce T. Shell SUBJECT: Consideration of National County Government Week Proclamation BRIEF SUMMARY: Counties play an important role in protecting and enhancing the health, welfare and safety of its residents in sensible and cost-effective ways. Included in this great responsibility is protecting the environment and wise use of our natural resources. That's why the theme for this year's National County Government Week, May 3-9, is "Greening Our Future." First celebrated in 1991, National County Government Week was created by the National Association of Counties to raise public awareness and understanding about the roles and responsibilities of the nation's 3,068 counties. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: NCGW Flier Proclamation National County Government Week COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 8-0 ~Wy.~ fr ..~~I hwY rPri inNwH nvr n S_ o ou de e a o e Cou t Y New Hanover County plays an important role in protecting and enhancing the health, welfare and safety of residents. Included in this great responsib ity i wise use of our natural resources. Pleaso join us in celebrating National CountyCovernmentWeekand learn more about how New Hanover County is "Greening fur Future.'' r~ ~ ~ u 9 ~ y ~ ~ ~ `ti i ~ a ~ ~I u• ~ ~ / , ~ ~ ~ ~ ~ ~ ~ ~ p t , I~ ~ ~ u~ ~ ~Is p '~p m ~I i i.I i R. f ~ IM P i W i n ° ~ V~ I 1 4 + .tl ~ ~i s 9 i A l 444 k ~i J r "Y' ~ ~ I ~ ~ ~ ~ i^ ~ ~ r r ~ ~ ti y ~ ~ h ~L V ~ ~ II I ' ~ I'~ I I I ~ ~ ~ ~ N ~ I's i ~ i ~ ~1 ' q ' ~ ~ ~ I~ ti ~ udl ~ ~ I~ ~I ~ i ~ ~ ' i~ [ ~ V tl Y ~ " ~ ~ ao W ~ ! it ~ ~ ' ~ ~ ~ 4.i i .y y ~ f n 7) ~ ~ it Y I~ ~ '$0 ~ r ~ ' ~ ~ it's- Ik ~ ~ 4, ~ W ~ ~ ~ I~b ~ ~ ~ j ~ I ~ + I. I m,d 9 ~l ~ l~ ~ i N ~ 4 ~ ! I ~ Iri ~ t~ fly ~ ' F ~ ~ ~ ~ t ~ ~~u. y. I I i ~ _ 111 u~~ ~ rsun H ~ ~ ~ ~ ~ ~ t ~ ~I Ip ~ 1 N ~ i u ~ Y ~I I lu ~ 'N ii~!~... ~ ~I 1 ~ ~ ~i ~ Ji~ 1. I 777 ~~II , ~ ~ i 1 9 ~ " 9., III I ~'I ~ ~ ~ ~ L N ,I~ , I ~f ~ 1 ~ I li~ r r c. 1 ~ ~ ' ~ ~ 4. , ~ ~ ~ ~ ~ ~ ~ ~ fir, ~i i ~ Ir~' `i i ~ r A i:: ~ ire, I ~ ~ d' ~ ~ Board of Commissioners Meeting ns inn ~~nna National County Covet rnlent Week was created by the NatiotlaY I-I canon of Counties to raise pudic awareness and understanding about the roles and responsibilities of the nation's counties. More information at ~y~ :naco.oig, NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL COUNTY GOVERNMENT WEEK - "Greening Our Future" May 3-9, 2009 PROCLAMATION WHEREAS, the nation's 3,068 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS, New Hanover County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and WHEREAS, many county government initiatives and programs involve the protection of valuable and vulnerable environmental resources in communities; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States; and WHEREAS, the National Association of Counties created National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community; and WHEREAS, NACo and New Hanover County are working together to Restore the Partnership between all levels of government to better serve American communities. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 3-9, 2009 be recognized as "National County Government Week" in New Hanover County. ADOPTED this the 4th day of May, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 8-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 9 DEPARTMENT: Tax PRESENTER(S): Roger L. Kelley CONTACT(S): Roger L. Kelley SUBJECT: Presentation: Preliminary Update on 2011 Revaluation BRIEF SUMMARY: A presentation will be made to update the Board on the next scheduled revaluation of property. RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. A public hearing will be placed on the May 18, 2009 agenda. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 9-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 10 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Sidney A. Causey CONTACT(S): Sheriff Sidney A. Causey SUBJECT: Public Hearing Consideration of Approval to Submit a Joint Application with the City of Wilmington for 2009 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funding from the U.S. Department of Justice BRIEF SUMMARY: On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009. As one of its many elements, the Recovery Act provides the U.S. Department of Justice (DOJ) with funding for grants to assist state, local, and tribal law enforcement. New Hanover County and the City of Wilmington are certified as disparate agencies; therefore, JAG funding in the amount of $602,939 is eligible as a joint allocation. The following funding allocation is offered for consideration: 50% or $301,469.50 New Hanover County and 50% or $301,469.50 City of Wilmington. Submittal of a joint JAG grant application is required for disparate agencies. The JAG grant process requires a public hearing to be held for discussion on the use of funds. The New Hanover County portion of the funding would be used to purchase 13 Sheriff's Office patrol vehicles. A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as part of the JAG grant process and hereby attached for consideration and approval. There is no local match requirement. The grant application must be available for review by the governing body not fewer than 30 days before the application is submitted to the Bureau of Justice Assistance. The grant application was submitted to the Clerk's Office on April 6, 2009. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct a public hearing on the use of 2009 Recovery Act: JAG grant funding. After closing the public hearing, authorize the Sheriff's Office to submit a joint 2009 Recovery Act: JAG grant application with the City of Wilmington and authorize the County Manager to execute the required County/City Memorandum of Understanding. ATTACHMENTS: MOU COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 10-0 COMMISSIONERS' ACTIONS: Conducted public hearing and approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 10-0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this the day of , 2009 by and between New Hanover County, North Carolina (hereinafter referred to as "County"} and the City of Wilmington, North Carolina (hereinafter referred to as "City"} in order to facilitate obtaining Edward Byrne Memorial Justice Assistance Grants (JAG} through the United States Department of Justice, All understandings contained herein are contingent upon the timely passage of appropriate funding resolutions by the parties' respective governing bonds. RECITALS WHEREAS, the United States Department of Justice has announced the availability of certain Edward Byrne Memorial Assistance Grant Funds through its Office of justice Programs, Bureau of justice Assistance; and WHEREAS, pursuant to federal law The Attorney General of the United States and The United States Department of Justice, Bureau of Justice Statistics, has determined and certified that the County bears more than fifty percent of the prosecution ar incarceration costs arising from Part I violent crimes; and WHEREAS, the County and the City recognize that it would be in the mutual best interest of all parties, as well as, the furtherance of the public interest and advancement of public safety, to cooperate one with the other in the Edward Byrne Memorial Justice Assistance Grant process, and further, to enter into an agreement to equitably share said grant funds. NOW THEREFORE, the parties hereto enter into the following mutual understanding contained herein: 1. The County and City shall join in the herein described grant process, shall use their best efforts to facilitate said process to include, but not limited to, the submission of appropriate and timely funding resolutions to their respective governing boards, and shall cooperate one with the other. 2. The parties hereto agree to share on a percentage based distribution {50% City and 50% County} of any and all funds awarded under the Edward Byrne Memorial Justice Assistance Grant and further each party shall determine their individual funding needs. The above stated percentages shall be adjusted accordingly to reflect the actual cost of the equipment to be acquired. 3. Based on the individual funding needs as determined by the parties and subject to the approval of each party's governing board, each party may contribute a proportional share of any matching funds if deemed appropriate. P1of3 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 10-1-1 4. In the event the actual grant award is less than the original amount requested then the amount awarded to each party shall be proportionately decreased and each party's matching fund share be proportionately decreased (i.e., if the overall grant award is reduced by 10% then the amount to the County and/or the City would decrease by 10%, and the matching funds contributed by either the County and/or the City would be reduced by 10%). 5. The City shall act as lead agency and shall be responsible for the following: submitting the grant applicatian filing all necessary attachments on behalf of both agencies for the required application; receive the electronic drawdown; and transfer the shared portion to the county; and handle the grant monitoring and close-out. Further, the County shall provide the City with receipts of the designated expenditures in order for the City to submit the appropriate financial and program reports. No administrative fee shall be charged by either party. All fiends will be used strictly for law enforcement purposes. b. The City Manager has designated the City Police Department Grant Manager to submit the application an behalf of both parties and shall provide any additional documents requested by the JAG program office. 7. This agreement shall commence on the day of , 2009, and shall remain in effect until completion of the grant award pursuant to the Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant. 8. The terms and provisions enumerated herein shall constitute the entire understanding between the parties. This Memorandum of Understanding shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. NEW HANOVER COUNTY, NORTH CAROLINA Date: County Manager ATTEST: Clerk to the Board CITY OF WILMINGTON Date: City Manager ATTEST: City Clerk P 2 of 3 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 10-1-2 Approved as to form: County Attorney Approved as to form: City Attorney F3of~ Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 10-1-3 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 11 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Text Amendment (A-376-4/09) -Request by Staff to Amend Article I, Section 11 of the Zoning Ordinance to Clarify the Jurisdictional Limits of the Ordinance BRIEF SUMMARY: As part of the staffs effort to comprehensively update the Zoning Ordinance, the initial sections of the ordinance are being brought forward with modifications to clarify and modernize the document. This section makes references to jurisdiction within the geographic limits of the county. Planning jurisdiction is actually within the unincorporated portions of the county. The section also notes that bona fide farms are exempt from regulation, but that certain farm uses not associated with bona fide farms may be regulated when authority has been granted by the general statutes. At its April 2, 2009 meeting the Planning Board voted 7-0 to recommend approval. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff Recommends: Motion to Approve Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to amend outdated language in the zoning ordinance. ATTACHMENTS: A-376 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 11-0 TEXT AMENDMENT: A-376 (4/09) APPLICANT: Staff PLANNING BOARD ACTION: At its April 2, 2009 meeting the Planning Board voted 7-0 to recommend approval. No one from the public spoke on this item. To update and clarify the ordinance, make the following changes: (Delete language struck through and add language underlined and highlighted in yellow.) ARTICLE I: IN GENERAL Section 10: Authority The provisions of this Ordinance are adopted under authority granted by the General Assembly of North Carolina. Section 11: Jurisdiction The regulations set forth in this Ordinance shall be applicable within the ~1~~ Jurisdiction of the unincorporated County of New Hanover. This Ordinance shall in no way regulate, restrict or prohibit any bona fide farm and its related uses, except that any such use of property for non farm purposes and uses otherwise authorized by statutory or local le islation shall be subject to such regulations. Section 12: Title This Ordinance shall be known as The Zoning Ordinance of the County of New Hanover, North Carolina and maybe cited as the zoning ordinance. Staff Comments: These changes attempt to clarify a distinction between the planning jurisdiction and the full limits of the county, and to acknowledge the existence of and potential for special situations. Action Needed: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to amend outdated language in the zoning ordinance. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 11-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Text Amendment (A-377-4/09) -Request by Staff to Amend Article III, Sections 30 and 31 of the Zoning Ordinance to Update Provisions Relating to the Official Zoning Map and Its Interpretation BRIEF SUMMARY: When the zoning ordinance originated in 1969, mapping was based on manual drawings of maps and paper copies of official documents. These documents were very vulnerable to manipulation or damage, and the current language reflects the concerns of those times for assuring that official maps were proper and protected. The amendments suggested for this chapter of the zoning ordinance address the modernization of technology for mapping and record-keeping as well as an addition that reflects the recent statutory linkages to land use plan consistency. At its April 2, 2009 meeting, the Planning Board voted 7-0 to recommend approval as indicated below. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends: Motion to Approve Action Needed: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow clarify outdated language in the zoning ordinance. ATTACHMENTS: A-377 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Section 30-2 will be amended to refer to section 11 for the procedures. Approved 5-0 with the amendment. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 12-0 TEXT AMENDMENT: A-377 (4/09) APPLICANT: Staff PLANNING BAORD ACTION: At its April 2, 2009 meeting, the Planning Board voted 7-0 to recommend approval as indicated below. No one from the public spoke on this item. Make the following changes to the ordinance: (Remove language struck through and add language underlined and highlighted in yellow.) ARTICLE III: ESTABLISHMENT OF DISTRICTS Section 30: Provision for Official Zoning Map 3 0- l : Official Zoning Map The pl~g l urisdiction o f the unincorporated County of New Hanover is hereby divided into zones, or districts as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The official zoning map shall be identified by the signature of the Chairman of the County Commissioners attested by the Clerk to the Board of County Commissioners, and bearing the seal of the County. The most current o~~cial map shall be located in the Planning Department, and an exact copy shall be available in the off ce o f the Count Commissioners. The official zoning map ' shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the County. 30-2: Maintenance and Replacement of Official Zoning Map > > . The o~lcial zoning map shall be maintained and periodically updated by the Planning Department. Updates will be produced in conjunction with amendments to the zoning districts when approved in accordance with procedures set forth in this ordinance, or to correct E documented errors or omissions. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 12-1-1 ' All available records pertaining to its adoption or amendment shall be preserved in the county's archives. The Planning Director shall assure protection and preservation o f the records necessary to e replace the o~ icial zoning map in the event o disasters. Section 31: Rules for Interpretation of District Boundaries 31- l : Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of streets or highways, shall be construed to follow such center lines; (2) Boundaries indicated as approximately following the right-of way of streets or highways, shall be construed to follow such rights-of way. (3) Boundaries indicated as approximately following the platted lot lines shall be construed as following such lot lines; (4) Boundaries indicated as approximately following County boundary shall be construed as following such County boundary. (5) Boundaries indicated as approximately following town limits shall be construed as following such town limits; (6) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; (7) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines; (8) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by sub-sections one (1) through seven (7) above, the Board of Adjustment shall interpret the district boundaries, consistent with the intent o f the district or standards in question and e adopted plans or policies o the Count. Section 32: Application of District Regulations 32-1: The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 12-1-2 (1) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. (2) No building or other structure shall hereafter be erected or altered: (a) to exceed height or bulk; (b) to accommodate or house a greater number of families; (c) to occupy a greater percentage of lot area; (d) to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner be contrary to the provisions of this ordinance. (3) No part of a yard, or other open space required about or in connection with any building for purpose of complying with this ordinance, shall be included as part of a yard, or open space similarly required for any other building. (4) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. Staff Comments: These changes update and clarify the particulars of the location, care and maintenance of the official zoning map as it has evolved since the inception of the ordinance. Action Needed: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow clarify outdated language in the zoning ordinance. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 12-1-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 13 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Text Amendment (A-378-4/09) -Request by Staff to Amend Article IV, Section 42 of the Zoning Ordinance to Update References to Include the Cape Fear Public Utility Authority and to Clarify the Treatment of Non-Conforming Contiguous Lots of Record BRIEF SUMMARY: Article IV of the zoning ordinance speaks to non-conforming situations. Non-conformities are situations which existed prior to adoption of current rules. The ordinance describes how non-conformities are to be transitioned to conforming situations over time. Section 42-1 allows for construction on anon-conforming lot when certain standards can be met. However, Sec.42-1(2) referenced only the approval of the County Health Department for systems providing water and sewage disposal to the non-conforming lot. The suggested changes recognize the name change of NHC Environmental Health and also that the Cape Fear Public Utility Authority may now be providing a public option for water and sewer in some cases. Additionally, during staff review of the ordinance, Zoning Enforcement staff indicated that there was often confusion on the part of the public as to exactly what the ordinance required in Section 42-2 which speaks to the requirement for combination of contiguous non-conforming lots of record in single ownership. The suggested language is intended to more clearly present the way this section has been applied in practice by Zoning Enforcement. At its April 2, 2009 meeting, the Planning Board voted 7-0 to recommend approval of the amendment as attached. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff Recommends: Motion to Approve Action Needed: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to clarify and update sections of the zoning ordinance. ATTACHMENTS: A-378 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 13-0 COMMISSIONERS' ACTIONS: Approvex 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 13-0 TEXT AMENDMENT: A-378 (4/09) APPLICANT: Staff PLANNING BOARD ACTION: At its April 2, 2009 meeting, the Planning Board voted 7-0 to recommend approval of the amendment as shown below. No one from the public spoke on this item. Make the following changes to the ordinance: (Remove struck through language and add language underlined and highlighted in yellow.) ARTICLE IV: NON-CONFORMING SITUATIONS Section 40: General 40-1: After the effective date of this ordinance, land or structures, or the uses of land or structures which would be prohibited under the regulations for the district in which it is located and which were existing prior to the effective date of this ordinance shall be considered as non-conforming. It is the intent of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their continual use. Non-conforming structures or uses may be continued provided they conform to the provisions of this ordinance. (9/7/76} Section 41: Definitions 41-1: Unless the context clearly indicates otherwise, the terms defined below are used in this Article in the following manner: (1) Non-Conforming Situation - A situation that occurs when, on the effective date of this ordinance or any amendment hereto, an existing lot or structure, or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. (2) Non-Conforming Lot - A lot existing at the effective date of this ordinance or any amendment hereto that cannot meet the minimum lot area requirements of the district in which the lot is located. (3) Non-Conformin,_ Use - Anon-conforming situation occurs when property is used for a purpose or in a manner made unlawful by the permitted use regulations applicable to the district in which the property is located. (4) Non-Conformin Building or Structure (Dimensional Non-Conformitx) - A non-conforming situation that occurs when the height, size or minimum floor space of a building or the relationship between an existing building and the Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 13-1-1 required yard setbacks does not conform to the regulations applicable to the district in which the property is located. (5) Non-Conforming Project -Any structure, development or undertaking that is incomplete at the effective date of this ordinance and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. (9/7/76) Section 42: Use of Undeveloped Non-Conforming Lots 42- l : Non-Conforming Single Lot of Record - A vacant lot of record established prior to the effective date of this ordinance which does not conform to the minimum lot requirement of the district in which it is located may be used as a building site for a use permitted within that district provided: (1) All construction and the location of the buildings} shall be in accordance with the applicable front, side and rear yard requirements of the current zoning district in which located. (2) The existing or proposed water and sewage disposal system is approved by the New Hanover County Environmental Health Department. (9/7/76) or the Cape Fear Public Utility Authority, whichever applies. 42-2: Non-Conforming Vacant Contiguous Lots of Record -This section applies when ~ two or more adjoining lots of record (one or more of which is vacant and containing less than 100 feet in total width and less than 20,000 square feet in total area are ' held in identical ownership at any time after the adoption of this ordinance, such lots shall be deemed to be combined into a lot or lots which meet the minimum requirements of this ordinance for the zoning district in which such lots are located. (9/3/96) Section 43: Completion of Non-Conforming Projects 43 - l : The construction or erection of any non-conforming project may be completed provided: (1) All construction is done pursuant to a validly issued building permit. (9/7/76) Section 44: Extension or Enlargement of Non-Conforming Situations 44- l : Except as specifically provided in this section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of non-conformity of anon-conforming situation. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 13-1-2 44-2: Subject to paragraph 44-4 of this section, anon-conforming use may be extended throughout any portion of a completed building that, when the use was made non- conforming by this ordinance, was manifestly designed or arranged to accommodate such uses. However, subject to section 43 of this ordinance, a non- conforming use may not be extended to additional buildings or to land outside the original building. 44-3: Subject to section 43 of this ordinance, anon-conforming use of open land may not be extended to cover more land than was occupied by that use when it became non-conforming, except that a use that involves the removal of natural materials from the lot (e. g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became non-conforming, if ten (l o) percent or more of the earth products had already been removed at the active date of this ordinance. 44-4: Where anon-conforming situation exists the equipment or processes may be changed if these or similar changes amount only to changes in degree of activity rather than changes in kind and no violations of other paragraphs of this section occur. 44-5: Physical alteration of structures or the placement of new structures on open land are unlawful if they result in: (1) An increase in the total amount of space devoted to anon-conforming use; or (2) Greater non-conformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements. 44-6: Minor repairs to and routine maintenance of property where non-conforming situations exist are permitted and encouraged. 44-7: Notwithstanding paragraph 44-5, any structure used for single family residential purposes and maintained as anon-conforming use or structure maybe enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new non-conformities or increase the extent of existing non-conformities with respect to yard size and setback requirements. In particular, a mobile home may be replaced with a larger mobile home, and a "single-wide" mobile home may be replaced with a "double-wide". This paragraph is subject to the limitations stated in Section 46 -Abandonment and Discontinuance ofNon-Conforming Situations. 44-8: A structure that is non-conforming in any respect or a structure that is used in a non-conforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions: Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 13-1-3 (1) A letter of intent is received by the Building Inspector within six (6) months from the time of such destruction. (2) A building permit is obtained from the Building Inspector within one (1) year from the time the damage or destruction took place. (3) The total amount of space devoted to anon-conforming use may not be increased, except that a larger, single family residential structure may be constructed in place of a smaller one and a larger mobile home intended for residential use may replace a smaller one. (4) The reconstructed building may not be more non-conforming with respect to dimensional restrictions such as yard requirements, height limitations or density requirements, and such dimensional non- conformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the non-conforming use of such building. (9/7/76) Section 45: Change in Kind of Non-Conforming Use 45- l : Anon-conforming use may be changed to a conforming use. Thereafter, the property may not revert to anon-conforming use. 45-2: Anon-conforming use may be changed to another non-conforming use only in accordance with approval issued by the Board of Adjustment. The Board shall issue such approval if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use in operation at the time the approval is applied for. If anon-conforming use is changed to any use other than a conforming use without obtaining approval pursuant to this paragraph, that change shall constitute a discontinuance of the non-conforming use, and the property involved may thereafter be used only for conforming purposes. (8/2/82)(8/8/94) 45-2.1: Anon-conforming accessory use or building may only be changed to another non- conforming accessory use or building according to Section 45-2 of this Ordinance. Changes in a principal use are also considered as changes to any accessory use or building. (9/12/83) 45-3: If anon-conforming use and a conforming use, or any combination of a conforming and non-conforming uses, or any combination of non-conforming uses exist in one (1) lot, the use made of the property may be changed substantially (except to a conforming use), only in accordance with approval issued by the Board of Adjustment. The Board shall issue such approval if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use or combination of uses in operation at the time the approval is applied for. (9/7/76) Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 13-1-4 45-4: A use listed as permitted use in the Tabulation of Permitted Uses may be established as a new use in any existing non-conforming building provided such use complies with all off street parking requirements of this Ordinance. (3/2/81) Section 46: Abandonment and Discontinuance of Non-Conforming Situations 46-1: When anon-conforming use is discontinued for a consecutive period of one hundred eighty (180) days, the property involved may thereafter be used only for conforming purposes. (8/17/81) 46-2: For purposes of determining whether a right to continue anon-conforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in anon-conforming apartment building or one (1) space in anon-conforming mobile home park for one hundred eighty (180) days shall not result in the loss of the right to rent that apartment or space thereafter so long as the apartment building or mobile home park as a whole is continuously maintained. But if anon-conforming use is maintained in conjunction with a conforming use, discontinuance of anon-conforming use for the required period shall terminate the right to maintain it thereafter. And so, if a mobile home is used as anon-conforming use on residential lot where a conforming residential structure also is located, removal of that mobile home for one hundred eighty (180) days terminates the right to replace it. (11 /21 /81) 46-3: When a structure or operation made non-conforming by this ordinance is vacant or discontinued at the effective date of this ordinance, the one hundred eighty (180) day period for purposes of this Section, begins to run at the effective date of this ordinance. (11/21/81) Staff Comments: These changes clarifiy the circumstances under which adjacent non-conforming lots must be combined for development. Action Needed: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to clarify and update sections of the zoning ordinance. Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 13-1-5 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 14 DEPARTMENT: County Attorney PRESENTER(S): Ted Davis, Jr., Chairman CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Franchise Revocation Hearing BRIEF SUMMARY: This hearing is to determine whether to revoke a waste hauling franchise issued to Superior Waste Services on July 22, 2004. George Saunders, III and Roger Dale Saunders are the principal owners and operators of the business. The Board is to determine whether to revoke the franchise for malfeasance, fraud or criminal activity. Notice of the hearing has been given to George Saunders, III and Roger Dale Saunders as directed at the April 20, 2009 regular meeting of the Board of Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct hearing and make a determination. ATTACHMENTS: Court Documents COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct hearing and make a determination. COMMISSIONERS' ACTIONS: Conducted hearing and revoked the franchise 5-0, effective immediately. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 14-0 G .a STATE OF NORTH CAROLINA File No. ascRSa64s~~ sl NEW HANOVER Caunt~r WI LMi NGTON seat of Court In The General Court Of Justice NOTE; jThis farm is to be used for (1} felony offenses}, and (2) misdemeanor offenses}.tbaf a~~ consolidated for'ud ment with an felon offense(sJ. Use AOC-CR-310`forflWlo#er~se(s).} 0 District ®Superior Court Division STATE VERSUS ,~.-.tir. JUDGMENT SUSPENDING SENTENCE -FELONY Name Of Defendant E'.=~:F.:. ~ `'x~ ~ f~pOSING AN INTERMEDIATE PUNISHMENT a ~ i SAUNDERS,GEORGE ELLIOTT III ~ ®iMPOSING A COMMUNITY PUNISHMENT Race sex ~ ~oB..::~~~~>~s j, ~ n STRUCTURED SENTENCING} W M 10/12/1966 G.S.15A-1341, -1342, -1343, -1343.2, •1346 Attorney For State Def, Fovnd aef. waived Attamey Far Defendant TROTMAN WILLIAM H ❑ Not lndigenf ❑ Aftomey ALLARD,3AMES ❑ Appointed ®Retained~ The defendant ®pled guilty to ❑ was found guilty by a jury of ❑ pled no contest to File No.{s} Off. Offense Description Offense Date G.S. Na. I~1M ~ CL. 08CRS064877 51 OBTAIN PROPERTY FALSE PRETENSE 111!2007 14.100 F H 08CRS064877 52 OBTAIN PROPERTY FALSE PRETENSE 1!1!2007 14100 F H The Court: PRIOR ®1. has determined, pursuant to G.S.15A-1340.14, the prior record points of the defendant to be 0 .Any prior RECORD ~ f II V record level paint under G.S. 15A-1340.14(b}(7} is based on the jury's determination of this issue beyond a LEVEL: ❑ II ❑ IV ❑V~ reasonable doubt or the defendant's admission to this~issue. ❑ 2. makes na prior record level finding because none is required. .~The-~Court-....(NOTE: Bfock~J~or2~MUSTbe~checked:}:.__.___ _ _ _ _ _ ® 1. makes no written findings because the prison term imposed is within the presumptive range of sentences authorized under G.S.15A-1340.17(c}. ❑ 2. makes the aggravating and mitigating factors Determination as set forth on the attached AOC-CR-605. 3. makes the Findings of Extraordinary Mitigation set forth on the attached AOC-CR-606. ❑ 4. finds the defendant has provided substantial assistance pursuant to G.S. 90-95{h)(5}. ❑ 5. finds enhancement pursuant to: ❑ G.S. 90-95(e}{3} {drugs). ❑ G.S.14-3(c} {hate crime}. ❑ G.S. 508-4.1 (domestic violence). ❑ G.S. 14-50.22 {gang). ❑ C?ther: .This finding is based on the jury's determination of this issue beyond a reasonable doubt or the defendant's admission to this issue. ❑ imposes the punishment pursuant to a plea arrangement as to sentence under Article 58 of G.S. Chapter 15A. ❑ 7. finds the above designated offense(s) is a reportable conviction. G.S. 14-208.6 and therefore ❑ a. imposes the special conditions of probation set forth on the attached AOC-CR-603, Page Two, Side Two, and ❑ b. makes the additional findings and orders on the attached AOC-CR-615, Side Twa. ❑ 8. finds the above-captioned offense(s) involved the (check alt that apply} ❑ physical or mental ❑ sexual abuse of a minor. ❑ (1fNo. 7notfound} and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603, Page Two, Side Two. ❑ 9. finds that a ❑ motor vehicle ❑ commercial motor vehicle was used in the commission of the offense and this conviction shall be reported to OMV ❑ 10. finds this is an offense involving assault or communicating a threat, and the defendant had a personal relationship as defined by G.S. 506-1 {b}with the victim. ❑ 11. finds above-designated offense{s} involved criminal street gang activity. G.S.14-50.25. ` The Court; having considered evidence, arguments of counsel and statement of defendant, Orders that the above offenses, if more than one, be consolidated for judgment and the defendant be imprisoned for a minimum term of 6 months for a maximum term of 8 months in the custody of N.C. DOC. ❑ This sentence shall run at the expiration of sentence imposed in file number The defendant shall be given credit for ~ ~ days spent in confinement prior to the date of this Judgment as a result of this charge{s} to be applied toward the ®sentence imposed above. ❑ imprisonment required for special probation set forth on AOC-CF-603, Page Two. SUSPENSION OF SENTENCE Subject to the conditions set out below, the execution of this sentence is suspended and the defendant is placed on ®supervisod ❑ unsupervised probation for 24 months. ❑ 1. The Court finds that a ❑ longer shorter period of probation is necessary than that which is speciteed in G.S.15A-1343.2(d}. ❑ 2. The Court finds that it is NOT appropriate to delegate to the Division of Community Corrections in the Department of Correction the authority to impose any of the requirements in G.S. 15A-1343.2(e} if the offender is sentenced to a community punishment, or G.S.15A-1343.2(f} if the offender is sentenced to an intermediate punishment. ❑ 3. The above period of probation shall begin when the defendant is released from incarceration in the case referred to below. ❑ 4. The above~period of probation shall begin at the expira#ion of the sentence in the case referred to below. File Number Offense County Court Date ❑ 5. The defendant shall comply with the conditions set forth in file number ❑ 6. The defendant shall provide a DNA sample pursuant to G.S.15A-266.4. (AOC-CR-319 required} MONETARY CONDITIONS The defendant shall pay to the Clerk of Su erior Court the "Total P,mount Due" shown belot~rr, plus the probation supervision fee, pursuant to a schedule ~ ®determmed by the probation officer. ~ set out by the court as follows: RESTITUTION TO BE PAID TODAY Court Costs Miscellaneous Fine Restitution" Attorney's Fee Comm. Service Fee ENA Fee SBM Fee Total Amount Due $ 246.50 $ 4.00 $ 100.00 $ 75,691.35 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 76,037.85 '`See attached "Restitution Vltorksheet, Notice And Order (initial Sentencing)" AOC-GR-611, which is incorporated b r e. ❑ All payments received by the Glerk shall be distributed pro rata among the persons entitled to restitution in~ i ~ t g I A-304(d) pr~onties ❑ and before payment of community sennce and probation supervision fees. ❑ Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervi~o~,~j~V~R G~~TY AOC-CR-6o3, ReV. 12!08 Material opposite unmarked squares is to be disregarded as surplusage. rj~~ 1~~~~~ ©2008 Administrative Office of the Courts {over) ,J ~ at Super C't Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 14-1-1 i:x s:'r:x'. 't~.. Y~.,.«.. lA REGULAR CONDITIONS O~~~P:R~OBi~T10N - G.S.15A-1343 b NOTE: Any probafronary judgment maybe extended pursuant to G.S. 95A-1342. The defendant shall: (1}Commit no criminal offense in any jurisdiction. (2} Possess no firearm, explosive device or other deadly weapon listed in G,S.14-269, (3) Remain gainfully and suitably employed or faithfully pursue a course of study or vocational training, that will equip the defendant for suitable employment, and abide by all rules of the institution. (4} Satisfy child support and family obligations, as required by the Court. If the defendant is on supervised probation the defendant shall also: (5) Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or the probation officer. (6) Report as directed by the Court or the probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit at reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment. (7} Notify the probation officer if the defendant fails to obtain ar retain satisfactory employment. (8} At a time to be designated by the probation officer, visit with the probation officer a facility maintained by the Division of Prisons. If the defendant is to serve an active sentence as a condition of special probation, the defendant shah also: (9) Obey the rules and regulations of the Department of Correction governing the conduct of inmates while imprisoned. (10} Report to a probation officer in the State of North Carolina within seven -two 72 hours of the defendant's dischar a from the active term of im risonment. 11. The Court finds that the defendant is responsible for acts of domestic violence and there is an abuser treatment program, approv by the Domestic i/iolence Commission, reasonably available to the d ndant, and the defendant shall attend and complete that program.there is not an approved abuser treatment program reasonably available. ~ it would not be in the best interests of justice to order the defendant to com fete an abuser treatment program because p , NOTE: See Page two, Side Two, forAdditional Conditions For Persons Convicted Of Domestic Violence. SPECIAL CONDITIONS OF PROBATION - G.S.15A-1343 b1 ,143B-262 c The defendant shalt also comply with the following special conditions which the Court finds are reasonably related to the defendant's rehabilitation: ❑ 12. Surrender the defendant's drivers license to the Clerk of Superior Court far transmittal/notification to the Division of~Mator Vehicles and not operate a motor vehicle for a period of or until relicensed by the Division of Motor Vehicles, whichever is later. ❑ 13. Submit at reasonable times to warrantless searches by a probation officer of the defendant's person, and of the defendant's vehicle and remises while t efendant is present, for the following pu ses which are reasonably related to the defendant's probation supervision; stolen goods controlled substances ❑ contraband child porno rah ❑ g pY . ~~❑~~14: ~Not~~~use;~p~ossess~or~controhany~illegal drug or contralled~substance-unless-it~~has-been-~prescribed-for-the-~defendant~by-a-licensed-physician- and ~is in the orrgEnal container with the prescription number affxed on it; not knowingly associate with any known or previously convicted users, possessors or sellers of any illegal drugs or controlled substances; and not knowingly be present at or frequent any place where illegal drugs or controlled substances are sold, kept ar used. ❑ 15. Supply a breath, urine and/or blood specimen for analysis of the possible presence of a prohibited drug or alcohol, when instructed by the defendant's probation officer. ©16. Successfully pass the General Education Development Test (G.E.D.) during the first months of the period of probation. ❑ 17. Complete hours of community or reparation service during the first days of the period of probation, as directed by the commun~ service coordinator and pay the fee prescribed by G.S.143B-262.4(b), pursuant to the schedule set out under monetary conditions above. within days of this Judgment and before beginning service. ❑ 18. Report for initial evaluation by participate in all further evaluation, counseling, treatment.or education programs recommended as a result of that evaluation, and comply with all' other therapeutic requirements of those programs anti! discharged. ❑ 19, Nat assault, threaten, harass, be found in or on the premises ar workplace of, or have any contact with "Contact" includes any defendant-initiated contact,.direct or indirect, by any means including but not limited to Telephone, personal contact, a-mail, pager, gift-giving, telefacsimile machine or through any other person, excep# ❑ 20. 0#her: ❑ 21. Comply with the Special Conditions Of Probation which are set forth on AOC-CR-603, Page Two. ❑ A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded the defendant's appointed counsel or assigned public defender. ORDER OF COMMITMENTIAPPEAL ENTRIES 1. It is ORDERED that the Clerk deliver two certified copies of this Judgment and Commitment to the sheriff or other qualified offcer and that the officer cause the defendant to be delivered with these copies to the custody of the agency named on the reverse to serve the sentence imposed or until the defendant shall have complied with the conditions of release pending appeal. ❑ 2. The defendant gives notice of appeal from the judgment of the trial court to the appellate division. Appeal entries and any condi#ians of post conviction release are set forth on form AOC-CR-350. SIGNATURE OF JUD ~ _~,r Dafe Name Of Presiding Judge (Type Or Prinfj ignatu f Pr side Ju a 4/I5/2009 PHYLLIS M. GOR.f-iAM CERTIFICATION I certify that this Judgment and the attachment(s) marked below is a true and complete copy of the original which is an file in this case. ❑ 1. Appellate Entries (AOC-CR•350) 5. Restitution 1Norksheet, Notice And Order [initial Sentencing] ❑ 2. Judgment Suspending Sentence, Page Two [Special Conditions Of (AOC-CR-611} Probation) {AOC-CR-603, Page Two) 6. Judicial Findings As To Required DNA Sample (AOC-CR-319) 3. Felon Jud ment Findin s Of A ravatin And Miti atin Factors 7. Judicial Findin s And Order As To Satellite-Based Monitoring For Sex ❑ Y g 9 99 9 9 9 ❑ 9 (AOC-CR-645) Offenders -Lifetime Monitoring/Judicial Findings And Order As To ❑ 4. Extraordinary Mitigation Findings (AOC-CR-606} Satellite-Based Monitoring For Sex Offenders -Court-Determined Monitoring Period (AOC-CR-615} Dafe Of Certification Si;nafure ~.^•~,~.a SEAL Date Certitred~.C~.pies Doli~zere.~~~'o,~Sherr.'ff t.... _ ~ ~ ~ ~ ❑ Depury CSC ❑ Assistant CSC ❑ Clerk Of Superior Court i., i ':irk AOC-CR-603, Side Two; Rev: 12108' ~ Material opposite unmarked squares is to be disregarded as surplusage. Q 2008 Administrative" Otfce~ofthe Courts Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 14-1-2 r k ~ Pale No. ~ STATE VERSUS _ _ 0$~CRS064$77 ~ 1 Name Of Defendant SAUNDERS GEORGE ELLIOTT,III ADDITIONAL FILE NO. S AND OFFENSES r File No. s Off. Offense Descri tion Offense Date G.S. No. F!M CL. 08CRS064878 51 OBTAIN PROPERTY FALSE PRETENSE 5/1!2007 14-loo F H 08CRS064878 52 OBTAIN PROPERTY FALSE PRETENSE 5!1/2001 I4-1oo F ~ H 08CRS064879 51 OBTAI N PROPERTY FALSE PRETENSE 8/112007 14-ioo F H 08CRS064879 52 OBTAIN PROPERTY FALSE PRETENSE 8/112007 I4-100 F H 08CRS004880 51 OBTAIN PROPERTY FALSE PRETENSE 1011/2001 14-~0o F H 08CRS064880 52 OBTA I N PROPERTY FALSE PRETENSE 10111200? a 4-~ oo F H 08CRS064883 51 OBTAIN PROPERTY FALSE PRETENSE 1!1!2008 14.100. F H 08CRS06~4883 52 OBTAIN PROPERTY FALSE PRETENSE 1I 1!2008 14-100 F H 08CRS064884 51 OBTAI N PROPERTY FALSE PRETENSE 7/1!2008 14-100 F H 08C RS064884 52 OBTA I N PROPERTY FALSE PRETENSE l/ 112008 14- ~ oo F H I U~ CORY f~= ;W;~~ SUPERIOR COI~RT f , AOC-CR-603, Pa a Three, Rev. 1012000 X2000 Administrative Office of the Courts Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 14-1-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 15 DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director CONTACT(S): Avril Pinder, Finance Director SUBJECT: Consideration of Resolutions Authorizing Issuance of $43,000,000 General Obligation School Bonds Series 2009 BRIEF SUMMARY: It is desirable to make provision for the issuance of bonds authorized pursuant to and in accordance with the school bond order adopted by the Board on March 14, 2005. The Issuer shall issue its bonds in the aggregate principal amount of $43,000,000. The bonds shall be designated "General Obligation School Bonds, Series 2009". The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from June 9, 2009. The Bonds will be dated June 9, 2009 and will bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest will be payable on December 1, 2009 and semi-annually thereafter on June 1 and December 1. The Bonds will mature, subject to the right of prior redemption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt Resolutions. ATTACHMENTS: Resolution Resolution of Intent to Reimburse COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved both resolutions 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 15-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS AUTHORIZING ISSUANCE OF X43,000,000 GENERAL OBLIGATION SCHOOL BONDS SERIES 2009 WHEREAS, the bond order hereinafter described has taken effect, and it is desirable to make provision for the issuance of bonds authorized by said bond order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: Pursuant to and in accordance with the school bond order adopted by the Board of Commissioners on March 14, 2005, the Issuer shall issue its bonds in the aggregate principal amount of $43,000,000. The bonds shall be designated "General Obligation School Bonds, Series 2009" (hereinafter referred to as the "Bonds"). The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from June 9, 2009. The Bonds shall be dated June 9, 2009 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable on December 1, 2009 and semi-annually thereafter on June 1 and December 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter set forth, annually on June 1, as follows: Principal Principal Y_ Amount Y_ Amount 2011 $ 1,500,000 2020 $ 1,500,000 2012 1,500,000 2021 3,000,000 2013 1,500,000 2022 3,000,000 2014 1,500,000 2023 3,000,000 2015 1,500,000 2024 3,000,000 2016 1,500,000 2025 3,000,000 2017 1,500,000 2026 4,000,000 2018 1,500,000 2027 4,000,000 Page 1 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-1 2019 1,500,000 2028 4,000,000 2029 1,000,000 Interest will be payable to the registered owners of the Bonds shown on the records of the hereinafter designated Bond Registrar of the Issuer on the record date which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding an interest payment date. The Bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. The book entry system will evidence ownership of the Bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable at the times stated in the preceding paragraph, and principal of the Bonds will be paid annually on February 1, as set forth in the foregoing maturity schedule, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, or (b) the Issuer determines that continuation of the book entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Issuer will discontinue the book entry system with DTC. If the Issuer fails to identify another qualified securities depository to replace DTC, the Issuer will authenticate and deliver replacement Bonds in the form of fully registered certificates. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date, or (b} authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid. The principal of and the interest on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof. Page 2 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-2 The Bonds shall bear the manual or facsimile signatures of the Chairman or the Vice Chairman and the Clerk to the Board of Commissioners of the Issuer and the official seal or a facsimile of the official seal of the Issuer shall be impressed or imprinted, as the case maybe, on the Bonds. The certificate of the Local Government Commission of North Carolina to be endorsed on all Bonds shall bear the manual or facsimile signature of the Secretary or Acting Secretary of said Commission or of a representative designated by said Secretary or Acting Secretary and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter. In case any officer of the Issuer or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers. No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. The Bonds and the endorsements thereon shall be in substantially the following form: Page 3 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-3 N0. R- $ United States of America State of North Carolina NEW HANOVER COUNTY GENERAL OBLIGATION SCHOOL BOND, SERIES 2009 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP June 1, June 9, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS NEW HANOVER COUNTY (hereinafter referred to as "County"),apolitical subdivision of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on the date specified above, upon surrender hereof, at the office of the Finance Officer of the County (the "Bond Registrar"), the principal sum shown above and to pay to the registered owner hereof, at his address as it appears on the bond registration books of the County, interest on such principal sum from the date of this bond [or from the December 1 or June 1 next preceding the date of authentication to which interest shall have been paid, unless such date of authentication is on December 1 or June 1 to which interest shall have been paid, in which case from such date], such interest to the maturity hereof being payable on December 1, 2009 and semi-annually thereafter on June 1 and December 1 of each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this bond is registered at the close of business on the record date for such interest, which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding such interest payment date. Both the principal of and the interest on this bond shall be paid in any coin or currency of Page 4 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-4 the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act of the State of North Carolina, as amended, a bond order adopted by the Board of Commissioners of the County on March 14, 2005 (the "Bond Order") and a resolution adopted by said Board of Commissioners on May 4, 2009 (the "Resolution") to provide funds, together with other funds of the County, to pay capital costs of providing additional school facilities and improvements to existing school facilities for the County. The issuance of this bond and the contracting of the indebtedness evidenced thereby have been approved by a maj orrty of the qualified voters of the County voting at a special election held in the County on May 10, 2005. The bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC") and immobilized in its custody. The book entry system will evidence ownership of the bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The bonds maturing on and after June 1, 2020 shall be subject to redemption prior to their stated maturities at the option of the County on or after June 1, 2019, in whole or in part at any time, at a redemption price of 100% of such principal amounts plus interest accrued to the date fixed for redemption. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected in such manner as the County shall determine; provided, however, that the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting bonds for redemption, the Bond Registrar shall treat each bond as representing that number of bonds which is obtained by dividing the principal amount of such bond by $5,000. For so long as a book-entry system with DTC is used for determining beneficial ownership of the bonds, if less than all of the bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the bonds within a maturity are to be redeemed. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any bonds to be redeemed, whether such redemption be in whole or in part, the County shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. On the date fixed for redemption, notice having been given as aforesaid, the bonds or portions thereof so Page 5 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-5 called for redemption shall be due and payable at the redemption price provided for the redemption of such bonds or potions thereof on such date. If a portion of this bond shall be called for redemption, a new bond or bonds in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof. The Bond Registrar shall keep at her office the books of said County for the registration and registration of transfer of bonds. The transfer of this bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall deliver in exchange for this bond a new bond or bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unpaid principal amount of this bond, of the same maturity and bearing interest at the same rate. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity, of any denomination or denominations authorized by the Resolution and bearing interest at the same rate. The Bond Registrar shall not be required to exchange or register the transfer of any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or of any bond called for redemption in whole or in part. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Bond Order or the Resolution mentioned herein until this bond shall have been endorsed by the authorized representative of the Local Government Commission of North Carolina and authenticated by the Bond Registrar. IN WITNESS WHEREOF, the County has caused this bond [to be manually signed by] [to bear the facsimile signatures of] the [Chairman] [Vice Chairman] and the Clerk to the Board of Page 6 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-6 Commissioners of the County and [a facsimile of] its official seal to be [imprinted] [impressed] hereon, and this bond to be dated June 9, 2009. [Vice] Chairman, Board of Commissioners (SEAL) Clerk, Board of Commissioners Page 7 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-7 CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act of North Carolina. Secretary, Local Government Commission CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue designated herein and issued under the provisions of the within-mentioned bond order and resolution. NEW HANOVER COUNTY Finance Officer, as Bond Registrar By Authorized Signatory Date of Authentication: Page 8 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-8 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and irrevocably appoints attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without any alteration whatsoever. Signature Guaranteed: Notice: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. Page 9 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-9 The Bonds maturing on and after June 1, 2020 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June 1, 2019, in whole or in part at any time, at a redemption price of 100% of such principal amounts plus interest accrued to the date fixed for redemption. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected in such manner as the Issuer shall determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, the hereinafter designated Bond Registrar shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bonds by $5,000. For so long as a DTC book-entry system is used for determining beneficial ownership of the Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. Each such notice shall identify the Bonds or portions thereof to be redeemed by reference to their numbers and shall set forth the date designated for redemption, the redemption price to be paid and the maturities of the Bonds to be redeemed. If any Bond is to be redeemed in part only, the notice of redemption shall state also that on or after the redemption date, upon surrender of such Bond, a new registered Bond or Bonds in principal amount equal to the unredeemed portion of such bond will be issued. On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar to pay the principal of the Bonds or portions thereof called for redemption as well as the interest accruing thereon to the redemption date thereof. On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds or portions thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If a portion of a Bond shall be selected for redemption, the registered owner thereof or his attorney or legal representative shall present and surrender such Bond to the Bond Registrar for payment of the principal amount thereof so called for redemption and the interest accruing thereon to the date of redemption, and the Bond Registrar shall authenticate and deliver to or upon the order of such registered owner or his legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a registered Bond or Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be Page 10 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-10 exchanged for an equal aggregate principal amount of registered Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate. The transfer of any Bond may be registered only upon the registration books of the Issuer upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds, registered in the name of the transferee, of any denomination or denominations authorized by this Resolution, in an aggregate principal amount equal to the unpaid principal amount of such Bond so surrendered, of the same maturity and bearing interest at the same rate. In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Bond Registrar. The Issuer or the Bond Registrar may make a charge for shipping and out-of pocket costs for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made for exchanging or registering the transfer of Bonds under this Resolution. The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to this Resolution. The Issuer shall appoint such registrars, transfer agents, depositaries or other agents and make such other arrangements as may be necessary for the registration, registration of transfer and exchange of Bonds within a reasonable time according to then commercial standards and for the timely payment of principal and interest with respect to the Bonds. The Issuer's Finance Officer is hereby appointed the registrar, transfer agent and paying agent for the Bonds (collectively, the "Bond Registrar"), subject to the right of the governing body of the Issuer to appoint another Bond Registrar, and as such shall keep at her office in Wilmington, North Carolina, the books of the Issuer for the registration, registration of transfer, exchange and payment of the Bonds as provided in this Resolution. The Local Government Commission of North Carolina is hereby requested to sell the Bonds and to state in the Notice of Sale of the Bonds that bidders may name one rate of interest for part of the Bonds and another rate or rates for the balance of the Bonds. The Bonds shall bear interest at such rate or rates as may be named in the proposal to purchase said Bonds which shall be Page 11 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-11 accepted by the Local Government Commission, provided that the true interest cost to the Issuer shall not exceed 5.25%. The Chairman and the Vice Chairman of the Board of Commissioners, the Clerk to the Board of Commissioners, the County Manager and the Finance Officer of the Issuer are hereby authorized and directed to cause the Bonds to be prepared and, when they shall have been duly sold by said Local Government Commission, to execute the Bonds and have the Bonds endorsed and authenticated as provided herein and to deliver the Bonds to the purchaser or purchasers to whom they maybe sold by said Local Government Commission. The Issuer covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion of interest paid on the Bonds from gross income of the owners thereof for federal income tax purposes. The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provide: (a) by not later than seven months from the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2009, to each nationally recognized municipal securities information repository ("NRMSIR") and to the state information depository for the State of North Carolina ("SID"), if any, audited financial statements of the Issuer for such 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 of the Issuer are not available by seven months from the end of such fiscal year, unaudited financial statements of the Issuer for such fiscal year to be replaced subsequently by audited financial statements of the Issuer to be delivered within 15 days after such audited financial statements become available for distribution; (b) by not later than seven months from the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2009, to each NRMSIR, and to the SID, if any, (i) the financial and statistical data as of a date not earlier than the end of such fiscal year for the type of information included under the heading "The County -Debt Information and - Tax Information" in the Official Statement relating to the Bonds (excluding any information on overlapping or underlying units) and (ii) the combined budget of the Issuer for the current fiscal year, to the extent such items are not included in the audited financial statements referred to in (a) above; (c) in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB"), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; Page 12 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-12 (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modification to the rights of the beneficial owners of the Bonds; (8) bond calls; (9) defeasances; (10) release, substitution or sale of any property securing repayment of the Bonds; (11) rating changes; and (d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the Issuer to provide required annual financial information described in (a) or (b) above on or before the date specified. At present, Section 159-34 of the General Statutes of North Carolina requires the Issuer's financial statements to be prepared in accordance with generally accepted accounting principles and to be audited in accordance with generally accepted auditing standards. If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds. The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that any such modification will be done in a manner consistent with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as it maybe amended from time to time ("Rule 15c2-12"), and provided further that: Page 13 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-13 (a) 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 the identity, nature, or status of the Issuer; (b) the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and (c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a maj ority in principal amount of the Bonds pursuant to the terms of this Resolution, as it may be amended from time to time, at the time of the amendment. The County may meet the continuing disclosure filing requirements described above by (a) providing the required information directly to the NRMSIRs or SID, if any, to the extent permitted by the United States Securities and Exchange Commission (the "SEC"), or (b) complying with any other procedure that may be authorized or required by the SEC. On December 5, 2008, the SEC issued a final rule amending Rule 15c2-12. The amendments will take effect on July 1, 2009. As a result of the amendments, annual disclosure and notices of material events that are contractually required to be submitted to the NRMSIRs will be required to be submitted instead to the MSRB which will be designated as the sole NRMSIR beginning July 1, 2009, and all continuing disclosure documents submitted to the MSRB will be through its Electronic Municipal Market Access (FNMA) system in the manner prescribed by the MSRB. Any annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section 11 shall terminate upon payment, or provisions having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds. The blanket Letter of Representations, as requested by DTC, is hereby approved and confirmed. The Preliminary Official Statement dated on or about May 8, 2009, setting forth financial and statistical data in connection with the offering of the Bonds (the "Preliminary Official Statement") is hereby approved and ratified. In connection with this approval, the Board of Commissioners of the Issuer has examined copies of the Preliminary Official Statement and has, to the extent and in the manner it has deemed necessary, discussed the contents thereof with officers of the administration of the Issuer. The Board of Commissioners of the Issuer does hereby recite that, upon its examination and discussions, nothing has come to its attention which Page 14 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-14 would lead it to believe that said Preliminary Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Chairman, the Vice Chairman, the County Manager and the Finance Officer of the Issuer are each hereby authorized to approve changes in such Preliminary Official Statement and to execute such Preliminary Official Statement and the final Official Statement for and on behalf of the Issuer. The Chairman and Vice Chairman of the Board of Commissioners, the County Manager, the Finance Officer and the Clerk to the Board of Commissioners and the other officers of the Issuer are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all financing statements, certificates, documents or other papers and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this Resolution and the matters herein authorized. ADOPTED, this the 4th day of May, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Page 15 of 15 Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-1-15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION FOR DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WHEREAS, the County of New Hanover, North Carolina (the "County"), in connection with the $123 Million 2005 School Bond Project Ordinance Resolution duly adopted on July 11, 2005 by the Board of Commissioners for the County (the "Board of Commissioners"), and on behalf of the County, intend to issue $43,000,000 general obligation school bonds on June 9th, 2009; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, $43,000,000 sale authorized on May 4, 2009 is the maximum principal amount of debt expected to be incurred for the purpose of paying the costs of the Project. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners intends to reimburse itself for certain expenditures paid by the County from proceeds of debt to be incurred by the County. ADOPTED this the 4th day of May, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 15-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 REGULAR ITEM: 16 DEPARTMENT: County Attorney PRESENTER(S): 1im Iannucci, New Hanover County Engineering CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Second Reading Consideration of Amendment of the County Nuisance Ordinance, Chapter 23 BRIEF SUMMARY: New Hanover County's Code presently addresses nuisance conditions where a property owner obstructs or fails to clean drainage features. This amendment will allow the County to address problems that result from earth eroding or washing off site. When a nuisance exists, County Engineering and Legal make a series of contacts with the owner, and if ultimately necessary, conduct an abatement with costs constituting a tax lien on the subject property. An appeal can be made to the County Manager's Office. The first reading was conducted on April 20, 2009 and approved by a vote of 4-1. Since the vote was not unanimous, a second reading is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider amendment. ATTACHMENTS: Public Nuisances Ordinance Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider amendment. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 16-0 An Ordinance of the Board of County Commissioners of New Hanover County The Board of Commissioners of New Hanover County, NC hereby ordains that Chapter 23, Environment, Stormwater Management, Section 23-313, Public Nuisances, be amended as follows: 1. Amend Sec. 23-313, Public Nuisances by adding a new subsection (6): Any condition whereas earth or other sediment is placed, washes or erodes onto a natural or manmade Swale, ditch, pipe, channel or water body, either on or off site, so as to block, hinder, impair or obstruct positive water flow, in the reasonable discretion of the Director of County Engineering. 2. Except as amended above, Chapter 23 shall remain unaltered, in full force and effect. ADOPTED this, the day of , 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila Schult, Clerk to the Board cb Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 16-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 4, 2009 ADDITIONAL ITEMS ITEM: 17 DEPARTMENT: County Attorney PRESENTER(S): William Caster, County Commissioner and Bruce T. Shell, County Manager CONTACT(S): William Caster, County Commissioner and Bruce T. Shell, County Manager SUBJECT: Consideration of a Resolution in Support of House Bi11193, An Act to Allow All Cities and Counties to Give Electronic Notice of Public Hearings BRIEF SUMMARY: House Bill 193 provides that a county may adopt ordinances providing that legal notice of public hearings be published through electronic means in lieu of publication in a newspaper. The publication may be on the county's Internet site. Providing public notice through electronic means would allow New Hanover County to cut its publication expense, saving tax dollars. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt Resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting nsm~ ~~nna VT/L.VVI 17-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION IN SUPPORT OF HOUSE BILL 193, AN ACT TO ALLOW ALL CITIES AND COUNTIES TO GIVE ELECTRONIC NOTICE OF PUBLIC HEARINGS WHEREAS, House Bill 193 would permit a county to adopt ordinances allowing legal notices of public hearings to be given through electronic means in lieu of publication in a newspaper; and WHEREAS, providing notice of public hearings through electronic means would allow New Hanover County to cut its publication expenses, savings tax dollars. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners encourages the General Assembly to adopt House Bill 193. ADOPTED this the 4th day of May, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting nsm~ ~~nna V.1/ VT/ L.VV l 17-1-1