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2009-05-04 RM ExhibitsNEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 1 75 - WILMINGTON, NC 28403 (910) 798-7149 • (910) 798-7145 FAX •wWW.NHCG0V.C0N1 Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman Robert G. Greer, Commissioner- William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner Sheila L. Schult, Clerk to the Board Exhibit Book 21IL„Page 10._, NEW HANOVER COUNTY BOARD OF COMMISSIONERS DONATION OF VAN TO NORTHSIDE COMMUNITY CENTER RESOLUTION WHEREAS, on October 6, 2008, at the request of the Sherriff'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 4"' day of May, 2009. 0 zi a z -,-VV . NEW HANOVER COUNTY I-r g) ~1 ( . - Ted Davis, Jr., Chairman ATTEST: '~A I I - Shei a . Schult, Clerk to the Board Exhibit AGENDA: May 4,2009 Book , , 11_ Page,J,,.D.,Z ct, 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 Expenditure: Decrease Increase General Assistance: Assistance Payments $1,735 Total $1,735 Revenue: Decrease Increase General Assistance: General Assistance Repayments 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. vN~ Y . ~G, l a ted, this day of 2009. O ( r, 3\ 1 Ted Davis, Jr., Chai an , to AGENDA: May 4, 2009 EAU NEW HANOVER COUNTY BOARD OF COMMISSIONERS gook xxx i i page I r). 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 Expenditure: Decrease Increase Health/Safe Kids: Supplies $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. ovN Y cgRted, this day of m 2009. I rL~ ~1 "I' I Ted Davis, Jr., Chai an ATTEST: ~A IX I- L~1' I Shei a L. cult, Clerk to the Board AGENDA: May 4, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-62 Exhibit Book ,Xjl,pap i,.,2 C. 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 Special Revenue Funds to Fund 225 $2,139,027 Total $2 39,027 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. 1 Ted Davis, Jr., Chair n Exhibit Book X I I Rage _I_. 2d 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: Sheriffs Office/Uniform Patrol/Administration Expenditure: Decrease Increase Sheriff's Office/Uniform Patrol: Capital Outlay - Motor Vehicle $16,297 Total $16,297 Revenue: Decrease Increase Sheriff s Office/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. OUNTY - A, Adopted, this day of 12009. G/ -moo. - L) 2 f1W)0a4A j - Ted Davis, Jr., Chair n to V NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL PRESERVATION MONTH PROCLAMATION Exhibit Book xxX!! Page 0 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 4"' day of May, 2009. NEW HANOVER COUNTY Ted Davis, r., Crrman ATTEST: Sheila L. Schult, Cleric to the Board lil Vt it- NEW HANOVER COUNTY BOARD OF COMMISSIONERS DRUG TREATMENT COURT MONTH PROCLAMATION Exhibit Book XXX I I Page 10 - 4 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 persomiel, 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 4"' day of May, 2009. NEW HANOVER COUNTY Ted Davis; Jr., Cha'rman ATTEST: Sheila L. Schult, Cleric to the Board 1% NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL COUNTY GOVERNMENT WEEK - "GREENING OUR FUTURE" MAY 3-9, 2009 Exhibit PROCLAMATION Book.XXY I I Page 1 S 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 Govenunent Week" in New Hanover County. ADOPTED this the 4t" day of May, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board w AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1969, UPDATED APRIL 2008 Exhibit Book I I Page 10 . A-376 (4/09) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended to read as follows in the section(s) noted: 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 11. Jurisdiction The regulations set forth in this Ordinance shall be applicable within the is planning 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 legislation shall be subject to such regulations. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to amend outdated language in the zoning ordinance. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 4`" day of May, 2009. 7z-"/, ~ & i a, - " Ted Davis, J , Chairman Attest: Sheila L. Schult, Clerk to the Board A-376 Page 1 of 1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6,1969, UPDATED APRIL 2008 Exhibit Book .~C. ...Page ~A-377 (4/09) THE BOARD OF COlVI1VIISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended to read as follows in the section(s) noted: 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 30-1: Official Zoning Map The planniw jurisdiction of 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, as approved in accordance with the procedures set forth in Article XI of this ordinance, shall be identified by the signature of the Chairman of the County Commissioners attested by the Register of Deeds, Clerk to the Board of_County Commissioners, and bearing the seal of the County. The most current official map shall be located in the Planning Department, and an exact copy shall he available in the office of the County Commissioners. No ehmige 4 a natu, sha l be made en the affieial Regardless of the existenee of eopies ef the effieW zoning map whie m ffem tifne to *;fne be add er- ublishe The official zoning map jeeated in the ^f4^° of the County Commissiel 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 in the event =efficil zeni-ng map beeemesdamaged, estrer destf-eyed, lost of County C; s may by resolution adopt a new offieial zoning map whi-e-h- slab cede- the prior- €fieW zening . The official zoning map, as approved in accordance with procedures set forth in Article XI of this ordinance shall be maintained and periodically updated by the Planning Department. Updates will be produced in conjunction with amendments to the zonine districts or to correct documented errors or omissions. The new offiei l zerinrt map may The new V 111C~Iii3 VV1 rV Vt lAl Klllllg Vl Vl.lll.l V11V1J Vl V1II1JJ1~ p, but no sueh eeffeetion shall have the effeet ef amending the ofiginal offieial zoning fnap. The new offleial zoning map shall be idenfified by the signatwe e A-377 Page 1 of 3 Chaiman of the County Conffnission attested by the Regis4er- of Deeds, and T Tnless the prior- effie °1 zofti~ map has been les:~ or- has been totaUy destfoyed, the prior- map or- any signifieafA paFts -themof remainin^, shat be r ° e °a,toget °r W 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 of the records necessary to replace the o fficial zoning map in the event of disasters. Section 31: Rules for Interpretation of District Boundaries 31-1: 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 fallowing 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 of the district or standards in auestion and adopted plans or policies of the County. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. A-377 Page 2 of 3 Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to clarify outdated language in the zoning ordinance. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 4" day of May, 2009. Ted Davis, Jr, Chair an Attest: Sheila L. Schult, Clerk to the Board A-377 Page 3 of 3 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1969, UPDATED APRIL 2008 Exhibit A-378 (4/09) Book XXXI (Page ID- 2 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended to read as follows in the section(s) noted: 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 42: Use of Undeveloped Non-Conforming Lots 42-1: 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 building(s) 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 if two or more adjoining and vaean lots of record (one or more o which is vacant), and containing less than 100 feet in total width and less than 20,000 square feet in total area are in sing! held in identical ownership at any time after the adoption of this ordinance, such lots shall be eensi efe as ^ single sever-^' 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 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to clarify and update sections of the zoning ordinance. A-378 Page 1 of 2 Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 0' day of May, 2009. 'L'S7ABOSX 7, Ted Davis, J/, Chai Attest: Sheila L. Schult, Clerk to the Board A-378 Page 2 of 2 STATE OF NORTH CAROLINA NEW HANOVER County W LMINGTON Seat of Court NOTE: (This form is to be used for (1) felony offense(s), and (2) misdemeanor offense(s); that a're consolidated for iudqment with anv felonv offense(s). Use AOC-CR-31&f6rDWYoffense(s)J File No. 08CRS064877 In The General Court Of Justice ❑ District ® Superior Court Division STATE VERSUS JUDGMENT SUSPENDING SENTENCE -FELONY Name of Defendant `I „ MWPOSING AN INTERMEDIATE PUNISHMENT SAUNDERS GEORGE ELLIOTT III ® IMPOSING A COMMUNITY PUNISHMENT Race Sex Doe (STRUCTURED SENTENCING) 1 W M 10/12/1966 ~ . ~ G.S. 15A-1341, -1342, -1343, -1343.2, -1346 Attorney For State Def. Found Def. waived TROTMAN WILLIAM H ❑ Not Indigent ❑ Attorney Attorney For Defendant ALLARDJAMES E] 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. No. F/M CL. 08CRS064877 51 OBTAIN PROPERTY FALSE PRETENSE 1/1/2007 14-100 F H 08CRS064877 52 OBTAIN PROPERTY FALSE PRETENSE 1/1/2007 14-100 F H The Court: 0 PRIOR ® I ❑ III ❑ V ® 1. has determined, pursuant to G.S. 15A-1340.14, the prior record points of the defendant to be . Any prior RECORD 15A 1340 14(b (7) i bas th ' d rmination of this issue be ond d l l i t d G S d t ❑ II ❑ IV ❑VI recor er - . ) s e jury s e e y eve po n un . . e on a LEVEL: reasonable doubt or the defendant's admission to this issue. ❑ 2. makes no prior record level finding because none is required. The Court (NOTE: Block 1 or 2 MUST be 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. 506-4.1 (domestic violence). ❑ G.S. 14-50.22 (gang). ❑ Other: . 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 Two. ❑ 8. finds the above-captioned offense(s) involved the (check all that apply) ❑ physical or mental ❑ sexual abuse of a minor. ❑ (If No. 7 not found) 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 DMV ❑ 10. finds this is an offense involving assault or communicating a threat, and the defendant had a personal relationship as defined by G.S. 50B-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 supervised ❑ unsupervised probation for 24 months. ❑ 1. The Court finds that a ❑ longer shorter period of probation is necessary than that which is specified 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 expiration of the sentence in the case referred to below. File Number Offense 7 17unty7 Court Date u 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 Amount Due" shown below, plus the probation supervision fee, pursuant to a schedule ® determined 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 EHA Fee SBM Fee Total Amount Due $ 246.50 $ 0.00 is 100.00 $ 75 691.35 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 76,037.85 "See attached "Restitution Worksheet, Notice And Order (Initial Sentencing)" AOC-CR-611, which is incorporated by-reference.- ~J All payments received by the Clerk shall be distributed pro rata among the persons entitled to restitution in 9% tin t g IlLG. f A-304(d) priorities ❑ and before payment of community service and probation supervision fees. CLERK WA ❑ Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervi oHANOVER CCIUNTY Material o osite unmarked squares is to be disregarded as sur lusa e AOC-CR-603, Rev. 12/08 FP P g UT: J(JW W #[f 011 0 2008 Administrative Office of the Courts (over) Deputy Gkrk Of Supenor CotNt Ahruzq REGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b) NOTE: Anyprobationaryjudgment may be extended pursuant to G. S. 15A-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 or 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 shall 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 seventy-two 72 hours of the defendant's discharge from the active term of imprisonment. ❑ 11. The Court finds that the defendant is responsible for acts of domestic violence and there is an abuser treatment program, approM by the Domestic Violence Commission, reasonably available to the d ndant, and the defendant shall attend and complete that program. LJ 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 complete an abuser treatment program because NOTE: See Page Two, Side Two, for Additional Conditions For Persons Convicted Of Domestic Violence. SPECIAL CONDITIONS OF PROBATION - G.S. 15A-1343(b1), 1436-262(C) The defendant shall 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 for transmittal/notification to the Division of Motor 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 pupyses which are reasonably related to the defendant's probation supervision: ornography ❑ 1 child ds controlled substances ❑ contraband I l t El p en goo _ s o ❑ 14. Not use, possess or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescription number affixed 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 or 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 service coordinator and pay the fee prescribed by G.S. 1436-262.4(b). pursuant to the schedule set out under monetary conditions commu it n y 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 until discharged. ❑ 19. Not assault, threaten, harass, be found in or on the premises or 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, e-mail, pager, gift-giving, telefacsimile machine or through any other person, except ❑ 20. Other: ❑ 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 COMMITMENT/APPEAL ENTRIES ❑ 1. It is ORDERED that the Clerk deliver two certified copies of this Judgment and Commitment to the sheriff or other qualified officer 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 conditions of post conviction release are set forth on form AOC-CR-350. - SIGNATURE OF JUD f P idi J e i t l ur r s u gna , t f rt Date Name Or Presrarng Judge (Type Or Print) /2009 PHYLLIS M. GORHAM 4/15 _ - I CERTIFICATION - - I certify that this Judgment and the attachment(s) marked below is a true and complete copy of the original which is on file in this case. ❑ 1. Appellate Entries (AOC-CR-350) ❑ 5. Restitution Worksheet, 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. Felony Judgment Findings Of Aggravating And Mitigating Factors ❑ 7. Judicial Findings And Order As To Satellite-Based Monitoring For Sex (AOC-CR-605) 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) Date Of Certification Signature SEAL Date Certified Copies Delivered to Sheriff [J Deputy CSC ❑ Assistant CSC ❑ Clerk Of Superior Court AOC-CR-603, Side Two, Rev. 12/08 Material opposite unmarked squares is to be disregarded as surplusage. © 2008 Administrative Office of the Courts k He No. STATE VERSUS 08CRS064877 51 SAt1NDERS,GFORGE ELLIOTT III ADDITIONAL FILE NO.(S) AND OFFENSE(S) <rh . File No. s Off. Offense Description Offense Date G.S. No. F/M CL. 08CRSD64878 51 OBTAIN PROPERTY FALSE PRETENSE 5/1/2007 14-100 F H 08CRSD64878 52 OBTAIN PROPERTY FALSE PRETENSE 5/1/2007 14-100 F H 08CRSD64879 51 OBTAIN PROPERTY FALSE PRETENSE 8/1/2007 14-100 F H 08CRSD64879 52 OBTAIN PROPERTY FALSE PRETENSE 8/1/2007 14-100 F H 08CRSD64880 51 OBTAIN PROPERTY FALSE PRETENSE 10/1/2007 14-100 F H 08CRS064880 52 OBTAIN PROPERTY FALSE PRETENSE 10/1/2007 14-100 F H 08CRS064883 51 OBTAIN PROPERTY FALSE PRETENSE 1/1/2008 14-100 F H 08CRS064883 52 OBTAIN PROPERTY FALSE PRETENSE 1/1/2008 14-100 F H 08CRS064884 51 OBTAIN PROPERTY FALSE PRETENSE 7/1/2008 14-100 F H 08CRS064884 52 OBTAIN PROPERTY FALSE PRETENSE 7/1/2008 14-100 F i i H A T WE COPY RK OF ; SUPERIOR COURT , . H s4OVER COUNTY ~Y: j ,u ~licf~Cson :r"wy c 9( sup er C 0000 Admini t ative Office of the Courts Exhibit Book ~ l iI i page 1.o u 4 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. NEW HANOVER COUNTY zI a 2 ,TV _ I F.~tASLISIIf , Ted Davis, Jr., Chai an ATTEST: Sheila L. Schult, Clerk to the Board Exhibit Book X l l. page I C). Q b NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS AUTHORIZING ISSUANCE OF $43,000,000 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: Year Principal Amount Year Principal 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 ``FF ~ iSY~ ~.~a»vrs 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 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 may be, 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 NO. R- United States of America State of North Carolina NEW HANOVER COUNTY GENERAL OBLIGATION SCHOOL BOND, SERIES 2009 INTEREST MATURITY RATE DATE June 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS DATE OF ORIGINAL ISSUE June 9, 2009 CUSIP NEW HANOVER COUNTY (hereinafter referred to as "County"), a political 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 I 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 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 majority of the qualified voters of the County voting at a special election held in the County on May 10, 2005. The bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC") and immobilized in its custody. The book entry system will evidence ownership of the bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The bonds maturing on and after 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 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 off the [Chairman] [Vice Chairman] and the Clerk to the Board of Page 6 of 15 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 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 Date of Authentication: Authorized Signatory Page 8 of 15 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 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 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 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 may be 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 (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 may be amended from time to time ("Rule 15c2-12"), and provided further that: Page 13 of 15 (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 majority 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 (EMMA) 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 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. NEW HANOVER COUNTY Ted Davis, Jr., Chairman o o ATTEST: . ~s ~AHLI5Y l4~, Sheila L. Schult, Clerk to the oar Page 15 of 15 Exhibit Book.= 1 I page 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 of the New Hanover Code of Ordinances, 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 4th day of May, 2009. NEW HANOVER COUNTY -rj-L~ )C& 1) Ted Davis, r., Chairman ATTE T: Ilk Sheila Schult, Clerk to the Board cb i•r j c NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 • WILMINGTON, NC 28403 (910) 798-7149 • (910) 798-7145FAX • WWW.NHCG,0V.CQM 1 > i Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman vi Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner Sheila L. Schult, Clerk to the Board Exhibit Book -4411 Page -.10-1.2. 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 ADOPTED this the 4th day of May, 2009. NEW HANOVER COUNTY 71j--i~ pAf-f I - Ted Davis, Jr., Cha an *1\rx ~--1~' Sheila L. Schult, Clerk to the Board 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.