Agenda 2009 07-06AGENDA 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 ~ ~ ~ ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER
~ ~ BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD r ~ •,'e
~ f ~a#
i ~l r e
JULY 6, 2009 6:00 P.M.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION (Bryan McGee, Senior Pastor, ROCK 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 the NC Permanent Checking Station Grant
3. Ratification of Grant Application for FEMA -American Recovery and Reinvestment Act (ARRA) of 2009, Port Security Grant Program (PSGP)
4. Ratification of Grant Application to Kohl's Cares for Kids
5. Ratification of Submittal of Eat Smart, Move More Letter of Intent to the
Department of Health and Human Services (DHHS) for $20,000
6. Approval of New Hanover County Board of Education Budget Amendment
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ESTIMATED RE LAR A E DA ITEM F B I E
TIMES GU G N S 0 USN SS
6:10 p.m. 7. Administration of Oath of Office to Sheriff Edward J. McMahon
6:15 p.m. 8. Presentation of Pelican Awards from the NC Coastal Federation
6:20 p.m. 9. Public Hearing
Consideration of Approval to Submit a Joint Application with the City of
Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program for 2009 Funding from the U.S. Department of Justice for Assisting
State, Local, and Tribal Efforts to Prevent or Reduce Crime and Violence
6:25 p.m. 10. Public Hearing on Bond Order Authorizing the Issuance of Up to $55,000,000
General Obligation Refunding Bonds and Consideration of Resolution
Providing for the Issuance of Not to Exceed $55,000,000 General Obligation Refunding Bonds Series 2009A
6:30 p.m. 11. Public Hearing
Special Use Permit (5-592-6/09) - Request by Holt Moore, Attorney, for
Herbert Carlton Fisher, et al, for a Special Use Permit to Allow Recycling
Collection with Processing of Used Cooking Oil at 3121 N. Kerr Avenue by
Eco-Collection Systems (The location is in an AI- Airport Industrial zoning
district and is classified as Transition on the 2006 LAMA Land Classification
Map.)
6:50 p.m. 12. Public Hearing
Street Renaming (SN-108 6/09) - Request by Planning Staff to Rename Coon
Hunters Trail to Lula Nixon Road Located Near the 5400 Block of Holly
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Shelter Road, North Side
6:55 p.m. 13. Presentation: Water Quality Monitoring in New Hanover County by County
Staff and Coastal Planning and Engineering
NON-AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
7:20 p.m. 14. Consideration of Funding Non-Federal Share of Beach Nourishment Projects
7:25 p.m. 15. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
7:35 p.m. 16. 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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 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 June 11, 2009
Budget Work Session held on June 11, 2009 Regular Session meeting held on June 22, 2009
Closed Session meeting held on June 22, 2009
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
CONSENT
ITEM: 2
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall
CONTACT(S): Donnie Hall & Meg Langston
SUBJECT:
Approval to Accept the NC Permanent Checking Station Grant
BRIEF SUMMARY:
New Hanover County Fire Services has been awarded the 08/09 NC Permanent Checking Station Grant by
the NC Department of Insurance, Office of the State Fire Marshal.
The acceptance of the grant would provide $2,500 dollars for supplies to be used at a child passenger seat safety inspection station. There is no required match for this grant. Supplies to be purchased include auto sun
shades, water bottles, child passenger seat stickers, and latch manuals to assist technicians. There is no
county match required and no requirement to continue the program after the grant ends.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the 08/09 NC Permanent Checking Station Grant and adopt ordinance for budget amendment 10-002.
ATTACHMENTS:
BA 10-002
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
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AGENDA: July 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-002
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-002 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Fire Services
Department: Fire Services /Fire Services Operations
Ex enditure: Decrease Increase
Fire Services 0 erations:
Supplies $2,500
Total $2,500
Revenue: Decrease Increase
Fire Services 0 erations: Permanent Checkin Station Grant -State $2,500
Total $2,500
Section 2: Explanation
To budget a FY08-09 NC Permanent Checking Station Grant awarded to Fire Services by the NC
Department of Insurance, Office of the State Fire Marshal. Monies will be used to purchase
supplies for the child safety seat program such as child passenger seat stickers and latch manuals. There is no county match required and no requirement to continue the program after the grant
ends.
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 10-002, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
CONSENT
ITEM: 3
DEPARTMENT: Health PRESENTER(S): Eric Ireland, Deputy Health Director
CONTACT(S): Eric Ireland
SUBJECT:
Ratification of Grant Application for FEMA -American Recovery and Reinvestment Act (ARRA) of
2009, Port Security Grant Program (PSGP)
BRIEF SUMMARY:
ARRA/PSGP has as its first priority in this grant cycle: Enhancing Maritime Domain Awareness - NC Port
areas should seek to enhance their capabilities to prevent, detect, respond to and recover from terrorist
attacks employing Improvised Explosive Devices (IEDs), Weapons of Mass Destruction (WMD) and other nonconventional weapons. Of particular concern in the port environment are attacks that employ IEDs
delivered via small craft (similar to the attack on the USS Cole), by underwater swimmers (such as
underwater mines) or on ferries (both passenger and vehicle).
As such the New Hanover County Health Department (NHCHD) seeks funding to enhance our ability to
provide support to the Port of Wilmington with regard to enhancing its ability to prevent, detect, respond to and recover from terrorists attacks employing WMDs (biological). NHCHD provides local leadership and
responsibility for response to biological WMDs. This includes developing plans for the prevention of such
attacks through disease surveillance and epidemiological investigation, response to attacks through
interoperable communication, mass dispensing of medications and mass vaccination to port populations, and
recovery from these attacks through medical monitoring of those affected. In order to facilitate this support
and enhance our ability to support and respond, the NHCHD is seeking funding in the amount of $160,000 for the following:
SOOKW Standby Generator and materials - $120,000
Transfer Switch - $30,000
Labor - $10,000
The application deadline was June 29, 2009. It was highly recommended that the application be submitted on
or about June 22, 2009 to avoid problems previously experienced with the online application process.
No matching County funds are required. No new positions are being requested.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify an application to the ARRA/Port Security Grant Program in amount of $160,000.
ATTACHMENTS:
ARRA/PSGP Priorities
Budget Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
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Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
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ARRA PSGP Priorities
In addition to these two overarching priorities, the Department has identified the
following four priorities as its selection criteria for FY 2009 ARRA PSGP. Due to the
current state of the economy, Congress intends stimulus funding to be spent quickly
with a principal objective of job creation. Additionally, in meeting its mission
responsibilities, DHS must ensure that priority is given to cost-effective projects that can
be executed expeditiously and have a significant and near-term impact on risk
mitigation. Please consider this when identifying projects within one or more of the
following priorities:
1. Enhancing Maritime Domain Awareness (MDA)
MDA is the critical enabler that allows leaders at all levels to make effective
decisions and act early against threats to the security of the Nation's seaports. In
support of the National Strategy for Maritime Security, port areas should seek to
enhance their MDA through projects, such as access control/standardized
credentialing, command and control, communications, and enhanced intelligence
sharing and analysis.
2. Enhancing Improvised Explosive Device (IED) and Weapons of Mass
Destruction (WMD) prevention, protection, response and recovery capabilities
Port areas should seek to enhance their capabilities to prevent, detect, respond to
and recover from terrorist attacks employing IEDs, WMDs and other nonconventional
weapons. Of particular concern in the port environment are attacks
that employ IEDs delivered via small craft (similar to the attack on the USS Cole), by
underwater swimmers (such as underwater mines) or on ferries (both passenger and
vehicle).
3. Efforts supporting implementation of the Transportation Worker Identification
Credential (TWIG)
The TWIG is a Congressionally mandated security program through which DHS will
conduct appropriate background investigations and issue biometrically enabled and
secure identification cards for individuals requiring unescorted access to U.S. port
facilities. Regulations outlining the initial phase of this program (card issuance} were
issued by the Transportation Security Administration (TSA) in cooperation with the
Coast Guard in 72 Federal Register 3492 (January 25, 2007}.
4. Construction or infrastructure improvement projects that are identified in the
Port Wide Risk Management Plan (PWRMP) andlor Facility Security Plans
(FSPs), andlor Vessel Security Plans (VSPs)
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New Hanover County Health Department
American Recovery and Reinvestment Act (ARRA) of 2009,
Port Security Grant Program (PSGP) 2009
2009-2010
Contract period 8/11109 - 5131110
Maritime Domain Awareness/Priority #1
3KW Standby Generator and materials $ 120,000
Transfer Switch $ 30,000
Labor $ 10,000
Tota10 eratin $ 160,000
Year 1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
CONSENT
ITEM: 4
DEPARTMENT: Health PRESENTER(S): Eric Ireland, Deputy Health Director
CONTACT(S): Eric Ireland
SUBJECT:
Ratification of Grant Application to Kohl's Cares for Kids
BRIEF SUMMARY:
Kohl's has invited the New Hanover County Health Department to apply fora $500 grant in support of its
Safe Kids Coalition. The funds would be used to purchase a digital camera to document events and activities,
purchase hand sanitizer for technicians during car seat installations and Child Passenger Safety educational
materials. The application deadline was June 19, 2009.
Every day, people and companies across the country are doing amazing things to support the communities
they live in, work in and love. Kohl's is no exception. Through its Kohl's Cares for Kids®programs, Kohl's
strives to be an active member of each community where they do business.
From injury prevention and immunization programs to hospital partnerships, Kohl's directs time, effort and funding toward keeping kids healthy nationwide. To date, Kohl's has raised more than $102 million to
support children's health and education initiatives.
No matching County funds are required. There are no new positions being requested.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify grant application and accept the $500 grant from Kohl's Cares for Kids for FY09-10 if awarded. A
budget amendment will be submitted for Commissioners approval if awarded.
ATTACHMENTS:
Budget Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
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New Hanover County Health Department
2009 Kohl's Cares for Kids Grant
0 eratin
Digital Camera $ 200
Child Passenger Safety Educational Materials $ 200
Hand Sanitizer for Technicians $ 100
Total Operating $ 500
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
CONSENT
ITEM: 5
DEPARTMENT: Health PRESENTER(S): Janet McCumbee, Personal Health Services
Manager
CONTACT(S): Janet McCumbee
SUBJECT:
Ratification of Submittal of Eat Smart, Move More Letter of Intent to the Department of Health and Human Services (DHHS) for $20,000
BRIEF SUMMARY:
The health department requests ratification of the submittal of a Letter of Intent to apply for the Eat Smart,
Move More Community Grant. The goal of the Eat Smart, Move More Grant is to provide funding to local health departments who are committed to implementing strategies that advance the goals and objectives of
Eat Smart, Move More. Eat Smart, Move More would complement and enhance our current Men's Health
Program. One of New Hanover County Health Department's major focuses is promoting health and wellness
among underinsured and uninsured men residing in New Hanover County. The Men's Health Program
currently addresses the leading causes of morbidity and mortality in New Hanover County: heart disease,
stroke, and cancer. Men's health fairs are conducted quarterly at community sites for the target population of low income, uninsured and underinsured men. The participants receive health risk assessments and
laboratory test screenings for hypertension, heart disease, diabetes, stroke, and prostate cancer. If funded, this
grant project would provide wellness challenges to motivate these men to increase their levels of physical
activity and healthy eating. Health education and one-on-one sessions would be available and serve as
assistance in achieving desired health goals of the participants. The funding period would begin October 1,
2009 and end May 31, 2010. The part-time Men's Health Program Nurse would receive additional hours dedicated to developing and implementing Eat Smart, Move More to improve the health status of the
underinsured and uninsured men residing in New Hanover County.
The existing coordinator position (part-time men's health nurse) will increase by adding an additional 17
hours per week.
No matching County funds required. Increased hours for position would stop when grant funds are
exhausted.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify submittal of Letter of Intent to DHHS, Physical Activity and Nutrition Branch to apply for Eat Smart,
Move More Funding of $20,000.
ATTACHMENTS:
Letter of Intent -DHHS -Eat Smart, Move More
Eat Smart, Move More Budget Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting mmti~~nna
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Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
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New Hanover Count
~ Health Department - z
th
i, ~ 2029 South 17 Street Q ~ ~Q NEW HANOVER COUNTY HEA~~~ Wilmington, NC 284014946
I~ . f ~ ~ Phone (910)798-6500 FAX (910) 341-4146
Mary Bea Kolbe June 2, 2009
Community Development Specialist
North Carolina Department of Health and Human Services, Division of Public Health
Physical Activity and Nutrition Branch
1915 Mail Service Center
Raleigh, North Carolina 27699-1915
Dear Mrs. Kolbe,
The New Hanover County Health Department (NHCHD) is committed to the well-being of the underserved population in
its locality, and has continuously made healthcare accessible by providing services to our surrounding community. One of
NHCHD major focuses is promoting health and wellness among underinsured and uninsured men residing in New
Hanover County. This letter serves as the New Hanover County Health Department's notification of intent to apply for
the RFA #A-180 Eat Smart 1~love More NC Community grants to enhance the existing Men's Preventive Health program.
The Men's Health program currently addresses the leading causes of morbidity and mortality in New Hanover County-
heart disease, stroke, and cancer. Men's health fairs are conducted quarterly at community sites for the target population
of low income, uninsured and underinsured men. The participants receive health risks assessments, and laboratory test
screenings for hypertension, heart disease, diabetes, stroke, and prostate cancer. If funded, this grant project would
provide resources for enhancement of the program to include ongoing health education sessions, one-on-one coaching,
support systems, and programs designed to encourage adoption of healthy behaviors for lifestyle changes. Partnerships
are already in place with other community service providers to carry out this program of men's health fairs and provide
follow up for this target population. If additional information is required, please contact me at (910) 798-6618, or email
meat® i
Sincerely,
Juanita Akinleye, RN, BSN, MSA
Coordinator, Men's Preventive Health Program
NHCHD108
08-2007
"Healthy People, Healthy Environment, Healthy Community"
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Eat Smart Move More Grant
Eat Smart Move More Grant FY 09-10
Program Administration $16000.00
Additional hours to support salary of existing Men's
Health Program Coordinator
Program Supplies /Educational Materials $2000.00 Office supplies including folders, pens, etc. marketing
messages for events
Healthy snacks at end of program celebration meeting
Health education materials including brochures on
healthy lifestyles, stress management, chronic disease
management emphasized during educational session
Incentives $2000.00
Gym bags, pedometers, t-shirts, stress balls, water bottles,
etc.
Total $20,000.00
X20,000 will enhance existing men's health program through additional health
programs and resources and advocating for established health policies in
participant's communities.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
CONSENT
ITEM: 6
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Approval of New Hanover County Board of Education Budget Amendment #9
BRIEF SUMMARY:
Please find attached Board of Education Budget Amendment #9 which was approved by the Board of
Education at their June 2, 2009 meeting.
The budget amendment transfers funds from the Bond Contingency for additional technology equipment and unforeseen conditions for Winter Park Renovations and Hoggard Lighting Replacement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Board of Education Capital Outlay Budget Amendment #9.
ATTACHMENTS:
BA #9
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting mmti~~nna
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APPENDIX AA (REVISED
NEW HANOVER COUNTY
BOARD OF EDUCATION
Finance _
June 2, 2009
Subject;
2008!2009 Budget Amendments
Staff Member~s~ Present.
Chief Financial Officer
Fiscal Implications;
$ ~755,924,00~ State Budget Amendment # 8
$ 112,425,00 General Fund Amendment # 11
$ 5,296,075,11 Federal Grants Fund Amendment # 2
$ - Capital Outlay Amendment # 9
Recommendation;
Approval -June 2, 2x09
Board of Commissioners Meeting mmti~~nna
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Budget Amendment
#9
. New Hanover County Administrative lJ-nit
Capital outlay Fund
The New Hanover Coun#y Board of Education at a meeting an the 2nd day of June X0.09, passed
:the following resolution
Be it resolved that the fallowing amendments be made to the Budget~Resolutian far the fiscal year
ending June 30,, 2009,
Code Number Description of Cade Increase ~~ecrease~
Various See Attached
Revenue:
Various See Attached
Explanation: See A#tached Transfer
Ta#al Appropriation in Current Budget ~ 85~~42,853.49
Amount of IncreaselDecrease of above Amendment ~ -
Total Appropriation in Current Amended Budge# ~ 85, ~ 42,853,49
Passed b ma'orit vote of the Board of Education of New Hanover County on the. ~ day of y ) y
20 l~ ~ 3
Chairman, Bo rd of Ed '
Sec tary, Board of Educa#ion
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Capital outlay Fund Transfer #9
Transfer from. Bond Contingency for addr'tional technology equipment and ~ ~ . ~ ~ .
unforeseen conditions for Winter Park Renovations:
4.8500.820.393.000.945.00 Born Contingency - X93,846:00}
4.9016.820.542.400.945,Q0 Computer Equipment - UVinter Park . _63.,846.0.0 ~ .
4.90~fi.820.522.400.945.D0 Noggard Lighting Repiace~ment ~ ~ 30,D00.00
Net Change in Capital ~Outiay Fund -
Capital Qutiay -Page 1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: 7
DEPARTMENT: County Manager PRESENTER(S): The Honorable W. Allen Cobb, Jr., Senior
Resident Superior Court Judge
CONTACT(S): Bruce T. Shell
SUBJECT:
Administration of Oath of Office to Sheriff Edward J. McMahon
BRIEF SUMMARY:
Judge Cobb will administer the oath of office to Sheriff Edward J. McMahon.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Witness the oath of office.
ATTACHMENTS:
Oath of Office
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Witness the oath of office.
COMMISSIONERS' ACTIONS:
Witnessed the oath of office of Sheriff Edward J. McMahon.
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New Hanover Coun
Sheriff
Oath o 0 lce
I, Edward J. McMahon, do solemnly swear (or affirm} that I will support and
maintain the Constitution and laws of the United States, and the Constitution and
laws of North Carolina not inconsistent therewith, and that I will faithfully
discharge the duties of my office as Sheriff of New Hanover County, so help me
God.
I, Edward J. McMahon, do solemnly and sincerely swear (or affirm) that I will
support the Constitution of the United States; that I will be faithful and bear true
allegiance to the State of North Carolina, and to the constitutional powers and
authorities which are or may be established for the government thereof; and that
will endeavor to support, maintain and defend the Constitution of said State, not
inconsistent with the Constitution of the United States, to the best of my
knowledge and ability; so help me God.
I, Edward J. McMahon, do solemnly swear (or affirm} that I will execute the
Office of Sheriff of New Hanover County to the best of my knowledge and ability,
agreeably to law; and that I will not take, accept or receive, directly or indirectly,
any fee, gift, bribe, gratuity or reward whatsoever, for returning any man to serve
as a juror or for making any false return on any process to me directed; so help
me God.
Edward J. McMahon
Subscribed and sworn to before me this
the sixth day of July, 2009
~V. Allen Cobb, Jr.
Senior Resident Superior Court Judge
North Carolina Fifth District
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: $
DEPARTMENT: County Manager PRESENTER(S): Ted Wilgis and Tracy Skrabal, NC Coastal
Federation
CONTACT(S): Bruce T. Shell
SUBJECT:
Presentation of Pelican Awards from the NC Coastal Federation
BRIEF SUMMARY:
Seven winners along the southeastern coast recently received Pelican Awards from the N.C. Coastal
Federation. The federation gives the awards annually to recognize extraordinary work that protects or
preserves our coastal resources. Ted Wilgis and Tracy Skrabal from the Coastal Federation will present the awards described below to Chris 0' Keefe and Shawn Ralston from New Hanover County's Planning
Department.
Local Government: Phil Prete (City of Wilmington) and Shawn Ralston (New Hanover County):
Recognizing that conventional approaches to development are not adequately protecting water quality, New
Hanover County, Wilmington and Brunswick County unanimously adopted low-impact development (LID) technical manuals to allow for voluntary use of LID to manage stormwater. Phil Prete, Wilmington's
environmental planner and Shawn Ralston, New Hanover County's environmental planner dedicated tireless
hours toward developing the easy-to-read, user-friendly LID manuals.
Conservation/Restoration Project: City of Wilmington Stormwater Services and New Hanover County
Planning Department: New Hanover County and Wilmington joined forces to get funding from the N.C. Clean Water Management Trust Fund to buy 17 acres and build an 11-acre stormwater wetland in the
Hewlett's Creek watershed. This project diverts two major stormwater outfalls away from the shellfish
waters of the creeks and into a series of created stormwater wetlands. The project is part of an overall effort
to restore Hewlett's Creek and its shellfish waters.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize award presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recognize award presentation.
COMMISSIONERS' ACTIONS:
Recognized award presentations.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: 9
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Sheriff Ed McMahon, Deputy Charles Smith
SUBJECT:
Public Hearing
Consideration of Approval to Submit a Joint Application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2009 Funding from the U.S. Department
of Justice for Assisting State, Local, and Tribal Efforts to Prevent or Reduce Crime and Violence
BRIEF SUMMARY:
New Hanover County and the City of Wilmington are certified as disparate agencies; therefore, 2009 JAG grant funding in the amount of 146,531 is eligible as a joint allocation ($73,265.50 each agency). It is the
intent of both agencies to use the total funding to establish a local DNA database as an investigative tool for
high volume crimes such as burglary and breaking and entering.
The title of the project is LODIS (Local DNA Index System). The strategy to be utilized is to submit DNA
samples to an independent lab from selected crimes and known profiles. Comparisons will be made to check for possible matches to aid investigations of property crimes. Both County and City law enforcement officers
and crime scene investigators will be able to gather DNA samples from property crimes that will be
submitted for analysis. The program will result in cleared cases, arrests, and recovered property from
investigations.
The JAG grant process requires a public hearing to be held for discussion on the use of funds.
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 is 100 percent federal funds.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct a public hearing on the use of 2009 JAG Program grant funding.
After closing the public hearing, authorize the Sheriff's Office to submit a joint JAG Grant application with the City of Wilmington and authorize the County Manager to execute the required County/City
Memorandum of Understanding.
ATTACHMENTS:
JAG GRANT 2009
2009 JAG Grant MOU
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting mmti~~nna
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Conduct public hearing. Recommend approval.
COMMISSIONERS' ACTIONS:
Conducted the public hearing. Approved 5-0.
Board of Commissioners Meeting mmti~~nna
9-0
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: 10
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, County Finance Officer and Wanda
M. Copley, County Attorney
CONTACT(S): Avril Pinder, County Finance Officer and Wanda M. Copley, County Attorney
SUBJECT:
Public Hearing on Bond Order Authorizing the Issuance of Up to $55,000,000 General Obligation Refunding Bonds and Consideration of Resolution Providing for the Issuance of Not to Exceed
$55,000,000 General Obligation Refunding Bonds Series 2009A
BRIEF SUMMARY:
The County has issued School Bonds, Series 2001, dated June 1, 2001 and $24,000,000 of such Bonds maturing in the years 2012 to 2021, inclusive, are outstanding; and the County has issued variable rate
School Bonds, Series 1995, dated September 6, 1995, and $9,000,000 of such bonds maturing in the years
2013 to 2016 inclusive, are outstanding. The County has issued Public Improvement Bonds, Series 2002,
dated June 1, 2002 and $17,900,000 of such Bonds maturing in the years 2013 to 2022, inclusive, are
outstanding.
The Board of Commissioners of the County deems it advisable to refund all or a portion of the Outstanding
Public Improvement Bonds and the Outstanding School Bonds, pursuant to and in accordance with The
Local Government Finance Act.
An application has been filed with the Secretary of the Local Government Commission of North Carolina
requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the
application has been accepted for submission to the Local Government Commission.
Anyone who wishes to be heard on the questions of the validity of the bond order and the advisability of
issuing the bonds may appear at this public hearing.
It is desirable to make provision for the issuance of the bonds authorized by the Bond Order. The County of
New Hanover, North Carolina desires to issue its General Obligation Refunding Bonds, Series 2009A and
to request that the Local Government Commission sell the Bonds through a negotiated sale in accordance
with the terms and conditions set forth in a Bond Purchase Agreement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing and adopt Resolution.
ATTACHMENTS:
Resolution
Notice of Public Hearing
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting mmti~~nna
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Conduct public hearing and adopt Resolution.
COMMISSIONERS' ACTIONS:
Conducted the public hearing. Adopted the Resolution 5-0.
Board of Commissioners Meeting mmti~~nna
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NEVV HANOVER COUNTY BOARD OF COMMISSIONERS
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO
EXCEED X55,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
2009A OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA
WHEREAS", the Bond Order hereinafter-described has been adopted, and it is desirable to make
provision for the issuance of the bonds authorized by said Bond Order;
WHEREAS", the County of New Hanover, North Carolina (the "County desires to issue its
General Obligation Refunding Bonds, Series 2009A (the "Bonds and to request that the Local
Government Commission (the "Commission sell the Bonds through a negotiated sale to
Stephens Inc. (the "Underwriter in accordance with the terms and conditions set forth in a
Bond Purchase Agreement to be dated on or about July 15, 2009 (the "Bond Purchase
Agreement among the County, the Commission and the Underwriter;
WHEREAS", copies of the forms of the following documents relating to the transactions
described above have been filed with the County and have been made available to the Board of
Commissioners of the County (the "Board of Cornrnissioners
1. the Bond Purchase Agreement;
2. the Preliminary Official Statement with respect to the Bonds to be dated
on or about July 8, 2009, together with the Official Statement with respect
to the Bonds to be dated on or about July 15, 2009 (collectively, the
"Official Statement and
3. the Escrow Agreement;
NOW, THEREFORE, BEIT RESOLVED by the Board of Commissioners as follows:
Section 1. For purposes of this Resolution, the following words have the meanings
ascribed to them below:
"Bond Order" the Refunding Bond Order authorizing the General Obligation Refunding
Bonds adopted by the Board on July 6, 2009 and effective on its adoption.
"Bonds" means the County's General Obligation Refunding Bonds, Series 2009A,
authorized under the Bond Order.
"Code " means the Internal Revenue Code of 1986, as amended. Each reference to a
section of the Code herein will be deemed to include the United States Treasury Regulations
proposed or in effect with respect thereto.
"Escrow Agent" means First-Citizens Bank & Trust Company and any successor or
assign.
Page 1 of 10
NYC 693813.3 Board of Commissioners Meeting mmti~~nna
v I / vv/ ll~.vvf 10-1-1
"Escrow Agreement" means the Escrow Deposit Agreement dated on or about August
12, 2009 between the County and the Escrow Agent, and any amendments thereto.
"Federal Securities "means (a) direct obligations of the United States of America for the
timely payment of which the full faith and credit of the United States of America is pledged; (b)
obligations issued by any agency controlled or supervised by and acting as an instrumentality of
the United States of America, the timely payment of the principal of and interest on which is
fully guaranteed as full faith and credit obligations of the United States of America (including
any securities described in (a) or (b) issued or held in the name of the Trustee in book-entry form
on the books of the Department of Treasury of the United States of America), which obligations,
in either case, are held in the name of a trustee and are not subject to redemption or purchase
prior to maturity at the option of anyone other than the holder; (c) any bonds or other obligations
of the State of North Carolina or of any agency, instrumentality or local governmental unit of the
State of North Carolina which are (i) not callable prior to maturity or (ii) as to which irrevocable
instructions have been given to the trustee or escrow agent with respect to such bonds or other
obligations by the obligor to give due notice of redemption and to call such bonds for redemption
on the date or dates specified, and which are rated by Moody's, if the Bonds are rated by
Moody's, and S&P, if the Bonds are rated by S&P, within the highest rating category and which
are secured as to principal, redemption premium, if any, and interest by a fund consisting only of
cash or bonds or other obligations of the character described in clause (a) or (b) hereof which
fund may be applied only to the payment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the
specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; or
(d) direct evidences of ownership of proportionate interests in future interest and principal
payments on specified obligations described in (a) held by a bank or trust company as custodian,
under which the owner of the investment is the real party in interest and has the right to proceed
directly and individually against the obligor on the underlying obligations described in (a), and
which underlying obligations are not available to satisfy any claim of the custodian or any person
claiming through the custodian or to whom the custodian maybe obligated.
"Nloody's " means Moody's Investors Service, a corporation organized and existing
under the laws of the State of Delaware, its successors and their assigns and, if such corporation
for any reason no longer performs the functions of a securities rating agency, "1~loody's "will be
deemed to refer to any other nationally recognized rating agency other than S&P designated by
the County.
"1995 Bonds" means the $9,000,000 aggregate principal amount of the County's General Obligation School Bonds, Series 1995, of which $9,000,000 is currently outstanding.
"2001 Bonds" means $42,000,000 aggregate principal amount of the County's General
Obligation School Bonds, Series 2001, of which $28,000,000 is currently outstanding.
"2002 Bonds" means $28,300,000 General Obligation Public Improvement Bonds,
Series 2002, of which $21,800,000 is currently outstanding.
"Pricing Certificate "means the certificate of the County's Finance Director delivered in
connection with the issuance of the Bonds which establishes, with respect to the Bonds, the final
Page2of10
Board of Commissioners Meeting mmti~~nna
10-1-2
maturity and serial principal amounts, the interest payment dates and rates and the provisions for
redemption, all as agreed on in the Bond Purchase Agreement.
"Refunded Bonds " means the 1995 Bonds, the 2001 Bonds and the 2002 Bonds
designated in the Pricing Certificate as bonds to be refunded from proceeds of the Bonds.
"Registrar" means First-Citizens Bank & Trust Company and any successor or assign.
"SAP" means Standard & Poor's Ratings Services, a Division of The McGraw-Hill
Companies, Inc., its successors and their assigns and, if such corporation for any reason no
longer performs the functions of a securities rating agency, "SAP" will be deemed to refer to
any other nationally recognized rating agency other than Moody's designated by the County.
Section 2. The County shall issue its Bonds in an aggregate principal amount not to
exceed $55,000,000.
Section 3. The Bonds shall be dated as of their date of issuance. The Bonds shall pay
interest on December 1, 2009 and semiannually thereafter on June 1 and December 1, unless the
County Finance Director establishes different dates in her Pricing Certificate. The Bonds are
being issued to refund the Refunded Bonds pursuant to and in accordance with the Bond Order.
Section 4. The Bonds are payable in annual installments on December 1 in each year,
unless the County Finance Director establishes different a date in her Pricing Certificate. The
maturities of the Bonds will be as set forth in the Pricing Certificate.
Section 5. The Bonds are to be numbered from "R-1" consecutively and upward and
shall bear interest from their date at a rate or rates which will be hereafter determined on the sale
thereof computed on the basis of a 360-day year of twelve 30-day months.
Section 6. The Bonds are to be registered as to principal and interest, and the Finance
Director of the County is directed to maintain the registration records with respect thereto. The
Bonds shall bear the original or facsimile signatures of the Chairman or Vice Chairman of the
Board of Commissioners of the County and the Clerk to the Board of Commissioners of the
County. An original or facsimile of the seal of the County is to be imprinted on each of the
Bonds.
Section 7. The Bonds will initially be issued by means of a book-entry system with
no physical distribution of bond certificates made to the public. One bond certificate for each
maturity will be issued to The Depository Trust Company, New York, New York ("DTC and
immobilized in its custody. A book-entry system will be employed, evidencing ownership of the
Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial
ownership effected on the records of DTC and its participants pursuant to rules and procedures
established by DTC. Interest on the Bonds will be payable to DTC or its nominee as registered
owner of the Bonds in immediately available funds. The principal of and interest on the Bonds
will be payable to owners of Bonds shown on the records of DTC at the close of business on the
15th day of the month preceding an interest payment date or a bond payment date. The County
will not be responsible or liable for maintaining, supervising or reviewing the records maintained
by DTC, its participants or persons acting through such participants.
Page3of10
Board of Commissioners Meeting mmti~~nna
10-1-3
If (a) DTC determines not to continue to act as securities depository for the Bonds or
(b) the Finance Director for the County determines that the 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 County will discontinue the book-entry system with
DTC. If the County fails to identify another qualified securities depository to replace DTC, the
County will authenticate and deliver replacement bonds in accordance with DTC's rules and
procedures.
Section 8. If the Pricing Certificate designates a date for the Bonds on and after
which the Bonds are subject to redemption, then such Bonds are subject to redemption before
maturity, at the option of the County, from any money that may be made available for such
purpose, either in whole or in part on any date on or after the date set forth in the Pricing
Certificate, at the principal amount of the Bonds to be redeemed, together with interest accrued
thereon to the date fixed for redemption, with such redemption premium, if any, designated for
the Bonds in the Pricing Certificate.
If the Bonds are subject to optional redemption and if less than all the Bonds are called
for redemption, the County shall select the maturity or maturities of the Bonds to be redeemed in
such manner as the County in its discretion may determine, and DTC and its participants shall
determine which Bonds within a maturity are to be redeemed by lot; provided, however, that the
portion of any Bond to be redeemed must be in principal amount of $5,000 or integral multiples
thereof and that, in selecting Bonds for redemption, each Bond is to be considered as
representing that number of Bonds which is obtained by dividing the principal amount of such
Bond by $5,000. When the County elects to redeem any Bonds, notice of such redemption of
such Bonds, stating the redemption date, redemption price and identifying the Bonds or portions
thereof to be redeemed by reference to their numbers and further stating that on such redemption
date there are due and payable on each Bond or portion thereof so to be redeemed, the principal
thereof and interest accrued to the redemption date and that from and after such date interest
thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before
the redemption date in writing to DTC or its nominee as the registered owner of such Bonds, by
prepaid certified or registered United States mail, at the address provided to the County by DTC,
but any failure or defect in respect of such mailing will not affect the validity of the redemption.
If DTC is not the registered owner of such Bonds, the County will give notice at the time set
forth above by prepaid first class United States mail, to the then-registered owners of such Bonds
or portions thereof to be redeemed at the last address shown on the registration books kept by the
County. The County will also mail or transmit by facsimile a copy of the notice of redemption
within the time set forth above (1) to the Commission, (2} to each of the then-existing securities
depositories and (3) to at least two of the then-existing national information services.
Section 9. The Bonds and the provisions for the registration of the Bonds and for the
approval of the Bonds by the Secretary of the Local Government Commission are to be in
substantially the form set forth in the Appendix A hereto.
Section 10. 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.
Page4of10
Board of Commissioners Meeting mmti~~nna
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Section 11. From the proceeds from the sale of the Bonds, the State Treasurer shall (1)
transfer an amount sufficient to pay the 2001 Bonds and 2002 Bonds (designated as Refunded
Bonds in the Pricing Certificate) to the Escrow Agent for deposit in the 2009 Refunding Bonds
Escrow Account (as defined in the Escrow Agreement) created under the Escrow Agreement and
(2) transfer to the Escrow Agent the balance of the proceeds from the sale of the Bonds for
deposit in the 2009 Expense Account (as defined in the Escrow Agreement) to pay costs of
issuance. The County Manager and the Finance Director of the County are hereby authorized
and directed to enter into the Escrow Agreement, a form of which has been made available to the
Board, but with such changes, modifications, additions or deletions therein as shall to them seem
necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of
the Board's approval of any and all changes, modifications, additions or deletions therein from
the form and content of the Escrow Agreement presented to the Board, and that from and after
the execution and delivery of the Escrow Agreement, the County Manager and the Finance
Director are hereby authorized, empowered and directed to do all such acts and things and to
execute all such documents as may be necessary to carry out and comply with the provisions of
the Escrow Agreement as executed. Proceeds of the Bonds to be used to pay the costs of
issuance of the Bonds shall be deposited in a separate segregated account held by the Escrow
Agent and invested and reinvested by the Finance Director as permitted by the laws of the State
of North Carolina. The Finance Director shall keep and maintain adequate records pertaining to
such account and all disbursements therefrom so as to satisfy the requirements of the laws of the
State of North Carolina and to assure that the County maintains its covenants with respect to the
exclusion of the interest on the Bonds from gross income for purposes of federal income
taxation. To the extent any funds remain in the 2009 Expense Account on November 15, 2009,
the Finance Director shall apply them to pay interest on the Bonds on the next interest payment
date therefor.
From the proceeds from the sale of Bonds, the State Treasurer shall cause the
Underwriter to wire an amount sufficient to pay the outstanding principal amount of the 1995
Bonds.
Section 12. Actions taken by officials of the County to select paying and transfer
agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section
159E-8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North
Carolina, are hereby authorized and approved. The blanket Letter of Representations, as
requested by DTC, is hereby approved and confirmed.
Section 13. The Commission is hereby requested to sell the Bonds through a negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Agreement at a
true interest cost not to exceed 4.00%. The form and content of the Bond Purchase Agreement is
in all respects approved and confirmed, and the Chairman of the Board of Commissioners, the
County Manager or the Finance Director of the County is hereby authorized, empowered and
directed to execute and deliver the Bond Purchase Agreement for and on behalf of the County,
including necessary counterparts, in substantially the form and content presented to the County,
but with such changes, modifications, additions or deletions therein as he may deem necessary,
desirable or appropriate, the execution thereof to constitute conclusive evidence of the Board of
Commissioners' approval of any and all such changes, modifications, additions or deletions
therein, and that from and after the execution and delivery of the Bond Purchase Agreement, the
Page5of10
Board of Commissioners Meeting mmti~~nna
10-1-5
Chairman of the Board of Commissioners, the County Manager and the Finance Director of the
County are hereby authorized, empowered and directed to do all such acts and things and to
execute all such documents as may be necessary to carry out and comply with the provisions of
the Bond Purchase Agreement as executed.
Section 14. The Chairman of the Board of Commissioners, the County Manager, the
Finance Director and the Clerk to the Board of Commissioners of the County are hereby
authorized and directed to cause the Bonds to be prepared and, when they shall have been duly
sold by the Commission, to execute the Bonds and to turn the Bonds over to the registrar and
transfer agent of the County for delivery through the facilities of DTC to the Underwriter.
Section 15. The form and content of the Official Statement are in all respects
authorized, approved and confirmed, and the Chairman of the Board of Commissioners, the
County Manager, the Finance Director and the Clerk to the Board of Commissioners of the
County are authorized, empowered and directed to execute and deliver the Official Statement in
substantially the form and content presented to the Board of Commissioners, but with such
changes, modifications, additions or deletions therein as the Chairman of the Board of
Commissioners, the County Manager or the Finance Director of the County may deem
necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of
the approval of the Board of Commissioners of any and all changes, modifications, additions or
deletions therein from the form and content of the Official Statement presented to the Board of
Commissioners. The Board of Commissioners of the County does hereby recite that, upon its
examination and discussions, nothing has come to its attention which would lead it to believe
that the Official Statement contains any untrue statement of a material fact or omits to state any
material fact necessary to make the statements therein, in light of the circumstances under which
they were made, not misleading.
Section 16. The Chairman of the Board of Commissioners, the County Manager, the
Finance Director and the Clerk to the Board of Commissioners of the County are authorized and
directed to execute and deliver for and on behalf of the County any and all additional certificates,
documents, opinions or other papers and perform all other acts as may be required by the
documents contemplated hereinabove or as may be deemed necessary or appropriate in order to
implement and carry out the intent and purposes of this Resolution.
Section 17. The County agrees, in accordance with Rule 15c2-12 (the "Rule
promulgated by the Securities and Exchange Commission (the "SEC and for the benefit of the
Registered Owners and beneficial owners of the Bonds, as follows:
(1) by not later than seven months after the end of each Fiscal Year to the
Municipal Securities Rulemaking Board (the "1~ISRB in an electronic format as
prescribed by the MSRB, the audited financial statements of the County for the
preceding Fiscal Year, if available, prepared in accordance with Section 159-34 of
the General Statutes of North Carolina, as it may be amended from time to time,
or any successor statute, or if such audited financial statements are not then
available, unaudited financial statements of the County for such Fiscal Year to be
replaced subsequently by audited financial statements of the County to be
Page6of10
Board of Commissioners Meeting mmti~~nna
10-1-6
delivered within 15 days after such audited financial statements become available
for distribution;
(2) by not later than seven months after the end of each Fiscal Year to the
MSRB, (a) 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 captions "THE
COUNTY--DEBT INFORMATION" and "--TAX INFORMATION" (excluding
information on overlapping and underlying units) in Appendix A of the Official
Statement referred to in Section 15 and (b) the combined budget of the County for
the current Fiscal Year to the extent such items are not included in the audited
financial statements referred to in clause (1) above;
(3) in a timely manner to provide to the MSRB notice of the occurrence of
any of the following events with respect to the Bonds, if material:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on debt service reserves reflecting financial
difficulties;
(d) unscheduled draws on credit enhancements for the Bonds
reflecting financial difficulties;
(e) substitution of any credit or liquidity providers, or their failure to
perform;
(f) adverse tax opinions or events affecting the tax-exempt status of
the Bonds;
(g) modification to the rights of the beneficial owners of the Bonds;
(h) call of any of the Bonds for redemption, other than sinking fund
redemptions;
(i) defeasance of any of the Bonds;
(j) release, substitution or sale of any property securing repayment of
the Bonds;
(k) rating changes on the Bonds; and
(4) in a timely manner to the MSRB, notice of the failure by the County to
provide the required annual financial information described in (1) and (2) above
on or before the date specified.
Page 7 of 10
Board of Commissioners Meeting mmti~~nna
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The County agrees that its undertaking under this Paragraph is intended to be for the
benefit of the registered owners and the beneficial owners of the Bonds and is enforceable by any
of the registered owners and the beneficial owners of the Bonds, including an action for specific
performance of the County's obligations under this Paragraph, but a failure to comply will not be
an event of default and will not result in acceleration of the payment of the Bonds. An action
must be instituted, had and maintained in the manner provided in this Paragraph for the benefit
of all of the registered owners and beneficial owners of the Bonds.
The County may discharge its undertaking described above by transmitting those
documents or notices in a manner subsequently required by the U. S. Securities and Exchange
Commission in lieu of the manner described above.
The County may modify from time to time, consistent with the Rule, the information
provided or the format of the presentation of such information, to the extent necessary or
appropriate in the j udgment of the County, but:
(1) any such modification may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law or
change in the identity, nature or status of the County;
(2) the information to be provided, as modified, would have complied with
the requirements of the Rule as of the date of the Official Statement, after taking
into account any amendments or interpretations of the Rule as well as any
changes in circumstances;
(3) any such modification does not materially impair the interest of the
registered owners or the beneficial owners, as determined by nationally
recognized bond counsel or by the approving vote of the registered owners of a
majority in principal amount of the Bonds.
Any annual financial information containing modified operating data or financial
information will explain, in narrative form, the reasons for the modification and the impact of the
change in the type of operating data or financial information being provided.
The provisions of this Paragraph terminate on payment, or provision having been made
for payment in a manner consistent with the Rule, in full of the principal of and interest on the
Bonds.
Section 18. This Resolution, other than Section 17 hereof, may be amended or
supplemented, from time to time, without the consent of the owners of the Bonds if in the
opinion of nationally recognized bond counsel, such amendment or supplement would not
adversely affect the interests of the owners of the Bonds and would not cause the interest on the
Bonds to be included in the gross income of a recipient thereof for federal income tax purposes.
This Resolution may be amended or supplemented with the consent of the owners of a maj ority
in aggregate principal amount of the outstanding Bonds, exclusive of Bonds, if any, owned by
the County, but a modification or amendment (1) may not, without the express consent of any
owner of Bonds, reduce the principal amount of any Bond, reduce the interest rate payable on it,
extend its maturity or the times for paying interest, change the monetary medium in which
Page8of10
Board of Commissioners Meeting mmti~~nna
10-1-8
principal and interest is payable, or reduce the percentage of consent required for amendment or
modification and (2) as to an amendment to Section 21, must be limited as described therein.
Any act done pursuant to a modification or amendment consented to by the owners of the
Bonds is binding on all owners of the Bonds and will not be deemed an infringement of any of
the provisions of this Resolution, whatever the character of the act maybe, and maybe done and
performed as fully and freely as if expressly permitted by the terms of this Resolution, and after
consent has been given, no owner of a Bond has any right or interest to object to the action, to
question its propriety or to enjoin or restrain the County from taking any action pursuant to a
modification or amendment.
If the County proposes an amendment or supplemental resolution to this Resolution
requiring the consent of the owners of the Bonds, the Registrar shall, on being satisfactorily
indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each
owner of the Bonds then outstanding by first-class mail, postage prepaid, to the address of such
owner as it appears on the registration books; but the failure to receive such notice by mailing by
any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings
pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and
shall state that copies thereof are on file at the principal office of the Registrar for inspection by
all owners of the Bonds. If, within 60 days or such longer period as shall be prescribed by the
County following the giving of such notice, the owners of a majority in aggregate principal
amount of Bonds then outstanding have consented to the proposed amendment, the amendment
will be effective as of the date stated in the notice.
Section 19. Nothing in this Resolution precludes (a) the payment of the Bonds from
the proceeds of refunding bonds or (b) the payment of the Bonds from any legally available
funds.
Section 20. All acts and doings of the Chairman of the Board of Commissioners, the
County Manager, the Finance Director of the County and the Clerk to the Board of
Commissioners of the County that are in conformity with the purposes and intents of this
Resolution and in the furtherance of the issuance of the Bonds and the execution, delivery and
performance of the Bond Purchase Agreement are in all respects approved and confirmed.
Section 21. If any one or more of the agreements or provisions herein contained is
held contrary to any express provision of law or contrary to the policy of express law, though not
expressly prohibited, or against public policy, or for any reason whatsoever is held invalid, then
such covenants, agreements or provisions are null and void and separable from the remaining
agreements and provisions and will in no way affect the validity of any of the other agreements
and provisions hereof or of the Bonds authorized hereunder.
Section 22. All resolutions or parts thereof of the Board of Commissioners in conflict
with the provisions herein contained are, to the extent of such conflict, hereby superseded and
repealed.
Section 23. This Bond Resolution is effective on its adoption.
Page9of10
Board of Commissioners Meeting mmti~~nna
10-1-9
ADOPTED, this the day of July 2009.
NEW HANOVER COUNTY
[SEAL]
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Page 10 of 10
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v I / vv/ ll~.vvf 10-1-10
NOTICE OF PUBLIC HEARING
"BOND ORDER AUTHORIZING THE ISSUANCE OF
X55,000,000 GENERAL OBLIGATION REFUNDING BONDS OF
THE COUNTY OF NEW HANOVER"
WHEREAS, the County of New Hanover (the "County") has issued School Bonds, Series
2001, dated June 1, 2001 and $24,000,000 of such Bonds maturing in the years 2012 to 2021,
inclusive, are outstanding (the "2001 School Bonds"); and
WHEREAS, the County has issued variable rate School Bonds, Series 1995, dated
September 6, 1995, and $9,000,000 of such bonds maturing in the years 2013 to 2016, inclusive,
are outstanding (the "1995 School Bonds" and together with the 2001 School Bonds, the
"Outstanding School Bonds"); and
WHEREAS, the County has issued Public Improvement Bonds, Series 2002, dated June
1, 2002 and $17,900,000 of such Bonds maturing in the years 2013 to 2022, inclusive, are
outstanding (the "Outstanding Public Improvement Bonds"); and
WHEREAS, the Board of Commissioners of the County deems it advisable to refund all
or a portion of the Outstanding Public Improvement Bonds and the Outstanding School Bonds,
pursuant to and in accordance with The Local Government Finance Act; and
WHEREAS, an application has been filed with the Secretary of the Local Government
Commission of North Carolina requesting Commission approval of the Bonds hereinafter
described as required by The Local Government Finance Act, and the Secretary of the Local
Government Commission has notified the Board that the application has been accepted for
submission to the Local Government Commission; NOW, THEREFORE,
BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as
follows:
The Board of Commissioners of the County has ascertained and hereby determines that it
is advisable to refund all or a portion of the Outstanding Public Improvement Bonds and the
Outstanding School Bonds.
In order to raise the money required to refund the Outstanding Public Improvement
Bonds and the Outstanding School Bonds as set forth above, in addition to any funds which may
be made available for such purpose from any other source, bonds of the County are hereby
authorized and shall be issued pursuant to The Local Government Finance Act of North
Carolina. The maximum aggregate principal amount of bonds authorized by this bond order
shall be $55,000,000.
A tax sufficient to pay the principal of and interest on said bonds when due shall be
annually levied and collected.
A sworn statement of the County's debt has been filed with the Clerk of the Board of
Commissioners and is open to public inspection.
Board of Commissioners Meeting mmti~~nna
10-2-1
This bond order shall take effect upon its adoption.
The foregoing bond order has been introduced and a sworn statement of debt has been
filed under The Local Government Bond Act showing the assessed value of the County of New
Hanover to be $33,424,465,000 and the net debt thereof, including the proposed bonds, to be
$392,171,535. A tax will be levied to pay the principal of and interest on the bonds if they are
issued. Anyone who wishes to be heard on the questions of the validity of the bond order and the
advisability of issuing the bonds may appear at a public hearing or an adjournment thereof to be
held in Room 301 in the New Hanover County Historic Courthouse, 24 North Third Street, in
Wilmington, North Carolina at 6:00 o'clock, P.M., on the 6th day of July, 2009.
Sheila L. Schult
Clerk, Board of Commissioners
County of New Hanover
Board of Commissioners Meeting mmti~~nna
10-2-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: 11
DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge and Chris O'Keefe
CONTACT(S): Jane Daughtridge and Chris O'Keefe
SUBJECT:
Public Hearing
Special Use Permit (5-592-6/09) -Request by Holt Moore, Attorney, for Herbert Carlton Fisher, et al, for a Special Use Permit to Allow Recycling Collection with Processing of Used Cooking Oil at 3121 N.
Kerr Avenue by Eco-Collection Systems (The location is in an AI- Airport Industrial zoning district
and is classified as Transition on the 2006 CAMA Land Classification Map.)
BRIEF SUMMARY:
At its June 4, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the special use permit
with one added condition that the process would not use heat above a temperature of 150 degrees. The
applicant agreed to the condition. One person spoke with concerns relating to possible odors that could be
emitted from the processing of the oil.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED (Choose one):
1. Motion to recommend the special use permit based on the findings of fact (with or
without recommended conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify). 3. Motion to recommend Denial based on specific negative findings in any of the four
categories listed in the Findings of Fact, such as lack of consistency with adopted plans
or determination that the project will pose public hazards or will not adequately meet
requirements of the ordinance.
ATTACHMENTS:
5-592 Findings of Fact
5-592 Site Plan
5-592 Petition Summary
5-592 Adjacent Property Map
5-592 Applicant Materials
5-592 Opposition
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting mmti~~nna
v vv/ ll~.vv~ 11-0
Approved 5-0 with the following conditions:
1. Heating will not exceed 150 degrees F.
2. The process will create no undue noise, smell or emissions affecting neighboring
properties. 3. The process will be conducted in wholly enclosed tanks.
Board of Commissioners Meeting mmti~~nna
v vv/ ll~.vv~ 11-0
SPECIAL USE PERMIT
5-592, 6/09: Recycling collection facility w/processing
Request By: Holt Moore, III for Kerr Avenue Associates
Location: 3121 N. Kerr Avenue in the Airport Industrial Park
PLANNING BOARD ACTION: At its June 4, 2009 meeting, the Planning Board voted 6-0
to recommend approval of the special use permit with one added condition that the process would not use heat above a temperature of 150 degrees. The applicant agreed to the
condition. One person spoke with concerns relating to possible odors that could be emitted
from the processing of the oil.
Preliminary Staff Findings
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Public water and sewer serves the property.
B. The property accesses N. Kerr Avenue, an identified arterial
C. Level of Service on N. Kerr Avenue is rated as F, meaning traffic exceeds the
design capacity and delays of 45-60 seconds occur at intersections.
D. Average daily traffic counts along N. Kerr Ave. in the vicinity increased by about
40% between 2007 and 2008.
E. Traffic Impact Analysis is not required because traffic for this use will not reach
the threshold of 100 peak hour trips.
F. Fire Service is available from the Wrightsboro Volunteer Fire Department.
G. The property is not located in a flood hazard area. H. The proposed facility is an industrial warehouse in an Airport Industrial zoning
district.
I. Used cooking oil and grease will be filtered, heated and aerated on the site and
then transported to refineries for further processing into biodiesel fuel.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned AI Airport Industrial zoning district. Recycling processing
facilities are allowed only by special use permit in this district under certain conditions outlined in Sec. 69.14-1(3
B. The facility and its appurtenant uses shall not be located closer than one hundred
and fifty feet (150 ft) to any residentially zoned properties. The nearest
residentially zoned property is approximately 3 85 feet to the west.
C. The facility must meet the applicable setback and landscaping requirements of
the ordinance. This proposal is occupying an existing warehouse facility
permitted under county standards.
D. All loading and exterior storage shall be to the side or rear of the building. The
site plan illustrates loading and storage at the side and rear of the building.
5-592 (6/09) Page 1 of 2
Board of Commissioners Meeting mmti~~nna
vI/
E. Storage or loading conducted on the side of the building shall be screened from
view from the adjacent right of way. Screening is proposed to be added by the
applicant along Commerce Drive and at the southwest corner of the property.
F. All exterior storage shall be in containers or under shelters which are covered and
secured and not visible from residentially zoned property. The applicant states
that the process is conducted in wholly enclosed tanks.
G. The facility must not emit dust, smoke, fumes, or vibrations detectable on
adjacent properties. The applicant states that this process will create no undue
noise, smell or emissions effecting neighboring properties. H. All other local, state and federal requirements must be met, including possible
property upgrades to meet building codes and fire safety codes.
3. The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
surrounding properties. Industrial uses dominate the immediate area.
B. The proposal is the first recycling operation of this type in the county.
4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of development
for New Hanover County.
A. The 2006 Land Use Plan Update identifies this area as Transition. The Transition
Class is to provide for future intensive urban development on lands that have
been or will be provided with necessary urban services.
B. The Airport Industrial Zoning District is to provide for a planned, restricted
industrial district used for indoor manufacturing and distributive operations
compatible with airport facilities. C. Policies in the 2006 Land Use Plan encourage industrial uses in locations with
adequate land area, outside environmentally sensitive areas and with access to
necessary infrastructure.
STAFF COMMENTS
Staff supports the Planning Board recommendation to add a condition that there will be
no heating over 150 degrees.
ACTION NEEDED:
(Choose one) 1. Motion to recommend the special use permit based on the findings of fact
(with or without recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to recommend Denial based on specific negative findings in any of
the 4 categories above, such as lack of consistency with adopted plans or
determination that the project will pose public hazards or will not
adequately meet requirements of the ordinance.
5-592 (6/09) Page 2 of 2
Board of Commissioners Meeting mmti~~nna
v~~w~~.vv~ 11 - 1 - 2
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Board of Commissioners Meeting 07/06/2009
11-2-1
Case: 5-592 (6/09)
Special Use Permit -recycling collection w/processing
Petition Summary Data
3121 N. Kerr Avenue
Owner/Petitioner: Holt Moore for Kerr Avenue Associates
Existing Land Use: Warehouse
Zo~ History October 4,1976 (Airport)
Land Classification: Transition
Water Type: Public ~r
Sewer T~ Public
Recreation Area: N/A
Access & TraffMic Volume: N. Kerr Avenue 2008 ADT =14,979 compared to
2007 ADT 10,713 40%} Road Capacity 14,298
LOS=F
Fire District: Wrightsboro VFD
Watershed & Water Quality Classification: Ness Creek - C; Sw
Aquifer Rechar e Area: Secondary recharge for the principal aquifers where
occurring near land surface under water table conditions.
Conservation/Historic/Archaeological Resources: None
Soils: Wr-Wrightsboro fine sandy loam
Septic Suitability Class II -Moderate limitations
Schools: N/A
Board of Commissioners Meeting mmti~~nna
11-3-1
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Board of Commissioners Meeting mmti~~nna
v~~w~~.vv~ 11 - 5 - 1
~e~u~est for Special [use Pe~rr~it by Eco-ol~ectio~ systems
The property is located on the southeast corner of the intersection of North Derr
.venue and on~merce Raad, It is situated squarely in the Airport Industrial pane, and is
surrounded by relatively intense Industrla~ uses,
The subject property is currently being used by this applicant as a collection
recycling faalllty, which Is a perxnltted use In the ~.Irport lr~dustr~al gone. The applicant
is providing service to tho con~.unity and the enviranlnent by callest~ng used caokxng
oil, which is then provided to refineries which make ~xodiesel Fuel,
The current speslal use appllcatlon ~s to add `processing,' to the collection aspect
of the facility, and the processing consists of three relatively non-intense steps with the
purpose of separating and cleaning the soaking axl or grease. The Petitioner has learned
that there is a underserved need far the recycling of grease as well as used cooking ail}.
The petitioner will be using pumps to m,ave the product through a series of
canister filters to remove particulate, water and Fatty acids from the used soaking ail, a1I
of which w111 be Inside the fac1llty,
The second element of the processing, would be the heating of the azi to 14a°F.
This would be done In wholly enclosed tanks, and would create na undue nave, smell or
emissions effecting neighboring property owners.
The third element of the processing, which would occur in a tank located autstde
of the building, would be an erificatlon process, essentially inhere aIr would be added to
the byproduct from the oil andlor grease, and. the byproduct would thereby be cleaned,
such that the final product could be placed into the bounty sewer system,
The Petitioner believes the use as proposed is perfectly sorted far the location, and
will provide a needed service in the co~n~nu~nity, which is benefls~al to the enviroz~rnent.
Board of Commissioners Meeting mmti~~nna
11-5-2
current u~~, and the petitioner wrll l~~t ~equlred cOnd~tlons and spec~ficatlons of tl7e
honing ordinance, and those which the Board deem appropriate to glace upon the permit.
ene~ral Require~nen~ #
The hoard mush find "that the use will not substantially injure the value of adjain~ng or
abutting property or that the use is a public necessity."
The proposed use constitutes a public necessity, or comes very close to lt, Fuel for
vehicles ~s ~ necessity, and the rrlore environmentally friendly fuel which is mailable to
the public, seemingly, the better. Petltianer is one of very small number of facilities,
especially in this area, servi~.g this need.
,~1~ of the properties surrounding the subject property are industrially coned} and are
being used for relatively intensive industrial purposes, The proposed use should lave
virtually no 1n~pact on the amount of traffic can~~n,g in and cut of the fac~l~ty, as
compared to the current collection facility allowed there by right. The use will produce
no funa.es, srnol~e, noises or vibration such as to disturb neighboring properties or to cause
a detriment to their property values,
energy requirement #4
The Board must ~n~ "that the ~ocatian and character of the use if developed according to
the plan as submitted and approved will be in haxrnony with the area in which it is to be
located and in general conforrnlty with the plan of developrrient far New ~anov~er
bounty,'}
The proposed used will vary minimally from the use currently in place, which is already
very much in harmony with the area to which it is located. The purpose of the airport
industrial gone, as described in the caning ordinance, is "[ta be a~ ...planned restricted
industrial district in which the principal use of land is for indoor manufacturing and
istr~but~ve type operations that are con~patlble w~ airport fac~llt~es..." The proposal is
a use very much in line with the level of rntens~ty described 1n the ordnance, and the use
poses less hazard to the airport than most industrial uses.
The property is located in a {`transition" class afthe A1VIA Land lassificatlon Map, the
purpose of which is "to provide for future i~.tenive urban development pn lands that have been or will be prodded nth necessary urban er-~cs. The location of these areas
is based upon land use planaaing policies requiring optimum efficiency in land utilisation
and publrc service delivery." The proposal is in keeping with this purpose,
Board of Commis~oners Meeting mmti~~nna
11-5-4
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Presented to New Hanover County PXanning Board
June 4, 2009
Response to item 1: Special Use Permit (S-592-6/09} -Request by
Holt Moore, attorney, for Herbert Carlton Fisher, et al, for a
special use permit to allow recycling collection with processing of
used cooking oil at 3121 N. Kerr Avenue, Wilmington, NC 28405
Submitted by Mark Bennett, 919-632-1641
Board of Commissioners Meeting n~in~i~nno
v~~w~~.vv~ 11-6-1
aralina By-Products, t 3~9 ~ndus~ial Drive, ~'ayettevill~, N, collects and r~cy~le~ used
cooking ail rota biofuel and other products. Vie believe this operation is similar to the one
proposed via the requested special use permit.
n May ~8, ~0~9, the following statements mere collected regarding Carolina By-
Praducts inFayetteville inreference to the pervasive, unpleasant odor produced by the facility. The accompanying map references the locations ~rhere the various statements
mere taken, relative to the location of the Carolina By,Praducts facility.
A: Carolina By-Products,1309 Industrial Drive, Fayetteville, N
Glenn Pleasant, while in the area of the facility, stated, "then I rolled down my car
~xndo~, the air was thick with a strong, averpo~vering burnt oil smell. It seemed like the
air was so thick you could ant 1t 1th a knife."
B: Ramada Inn, 511 Eastern Blvd, Fayetteville,1~.1.~ rni
Denise Leffell, Desk clerk - "It' ~ a bad, funky smell, especially when it rains and the
~1nd is bla~ving.
Un-Warned Ramada Inn Landscaper - when asked for directions to the facility, laughed,
~`.~ust follow your nose.>f
colonial Materials, 57~ Belt Blvd, Fayetteville, N, rni
nary aynan, counter clerk "The smell is unbearable ~ ~au1d gag a ~naggott,~
l~: Dicl~son, 75 E. Russell fit. Fayetteville,1~~, l.3 mi
'ayne Edwards, Warehouse and haunter clerk - "It smells like the seer, especially
when it's damp or a love atn~aspheric day."
North American ~'an Lines, 537 Eastern Blvd, Fayetteville, , ~.7 mi
Unnamed porker ~ "It's a bad musky, burnt smell."
F: Ecanarny inn, ~5 Eastern Blvd, Fayetteville, 0.7 mi
Unnamed custodian - "It's a bad, stifling odor. when the mind blooms right, it's ripe."
In conclusion, we are concerned about the passible negative impact of odors produced by
the proposed facility on employees and customers of surrounding businesses, e
respectfully request that the Planning Board deny this special use permit, or at least delay
approval until more research can be done regarding possible negative impact to the
surroun rng area.
Board of Commissioners Meeting mmti~~nna
11-6-2
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Board of Commissioners Meeting mmti~~nna
11-6-3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: 12
DEPARTMENT: Planning PRESENTER(S): Sam Burgess
CONTACT(S): Sam Burgess
SUBJECT:
Public Hearing
Street Renaming (SN-108 6/09) -Request by Planning Staff to Rename Coon Hunters Trail to Lula Nixon Road Located Near the 5400 Block of Holly Shelter Road, North Side
BRIEF SUMMARY:
The street sign for Coon Hunters Trail has been replaced a number of times by County Property
Management due to theft and/or vandalism. Both E-911, residents who live along Coon Hunters Trail, as well as owners of vacant land along the road support the proposal to rename the road from Coon Hunters
Trail to Lula Nixon Road. The renaming of the road should reduce theft of the sign blade and allow good
visual location for emergency service delivery.
In accordance with NCGS 153A-240, New Hanover County is authorized to rename private and public roads.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the road be renamed from Coon Hunters Trail to Lula Nixon Road.
ATTACHMENTS:
SN-108 Staff Summary
SN-108 Adjacent Property Map
SN-108 ORDER
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting mmti~~nna
12-0
CASE : SN-108, 06/09
PETITIONER: New Hanover County Planning Department
REQUEST: Rename Coon Hunters Trail to lula Nixon Road
LOCATION: Near 5400 Block of Holly Shelter Road
Staff History
In April,1993, the Board of New Hanover County Commissioners named an unimproved private road to
Coon Hunters Trail. The road is located approximately 1,500 feet east of the Holly Shelter Road -Blue
Clay Road intersection. Since of the adoption of the road name and placement of the street sign by the
County, our Property Management office has been requested to replace the street sign by the residents
a number of times due to theft and/or vandalism.
Staff Summary
In accordance with NCGS 153A-240, New Hanover County has the authority to name and rename private
and public roads. In consultation and agreement with E-911 and residents who live along Coon Hunters
Trail, the decision was madeto renamethe road from Coon HuntersTrail to hula Nixon Road. The
unimproved 40 foot access easement meanders from Holly Shelter Road north for an approximate
distance of 3,000 feet (see attached map). Presently, the road has three residential homes that depend
on the access.
Staff Comments
The unimproved road is located approximately 1,500 feet from the intersection of Holly Shelter and Blue
Clay Roads on the north side. A check of the new road name Lula Nixon Road through E-911 indicates no
duplication or phonetic similarities with other road names in the County. Residents who presently live along the road have agreed on the new road name proposal. Owners of vacant land along the road are
also in agreement.
Staff Recommendation
Staff recommends that the road be renamed from Coon Hunters Trail to hula Nixon Road. The renaming
of the road should reduce theft of the sign blade and allow good visual location for emergency service
delivery. If the road renaming is adopted by the Board of County Commissioners, a new street sign will
be created and erected by the County. Property owners should make the necessary changes to their
mailing address within three months or before October 6, 2009 so that mail delivery and other services
will not be interrupted.
Board of Commissioners Meeting mmti~~nna
v~~w~~.vv~ 12 - 1 - 1
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B~~E SLAY RD
Board of Com issioners meeting 07/A6/2009
STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COUNTY OF NEVU HANOVER COUNTY COMMISSIONERS
IN THE MATTER OF RENAMING ORDER
COON HUNTERS TRAIL TO
LULA NIXON ROAD (private access easement)
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the renaming of Coon Hunters Trail located near the
5400 block of Holly Shelter Road north side and extending north from that point
approximately 3,000 feet. A public hearing was held on Monday, July 6, 2009 at which
time all persons were heard on the question of whether or not the renaming would be in
the public interest; and it further appearing that notice of said hearing was transmitted to
all resident owners and prominently posted in at least two (2) locations along said road;
and published in the Star News local newspaper, and the Board of County
Commissioners is of the opinion that said road in New Hanover should be renamed and
the renaming of the same is in the public interest, the description of which is delineated
on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby renamed Lula Nixon Road.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 6th day of July 2009.
Ted Davis, Jr., Chairman
Attest:
Sheila L. Schult, Clerk to Board
Board of Commissioners Meeting mmti~~nna
12-3-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
REGULAR
ITEM: 13
DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Brad Rosov
CONTACT(S): Shawn Ralston, Senior Environmental Planner
SUBJECT:
Presentation: Water Quality Monitoring in New Hanover County by County Staff and Coastal
Planning and Engineering
BRIEF SUMMARY:
New Hanover County contracts with Coastal Planning and Engineering (CP&E) to monitor water quality on
seven creeks located within the County. The creeks include Barnards Creek, Futch Creek, Lords Creek,
Motts Creek, Pages Creek, Prince George Creek and Smith Creek. At each monitoring station, water quality is monitored monthly for chemical, biological and physical parameters. Monthly data is available on the
New Hanover County website. In addition, County staff meets quarterly with a Water Quality Task Force to
discuss all water quality monitoring data sampled in New Hanover County. The purpose of this presentation
is for County Staff and CP&E to provide a status update on the County's water quality monitoring program
for the 08-09 fiscal year. The report is posted to the County's website at:
http a/www.nhcgov.com/AgnAndDpt/PLNG/Pages/waterQualityMonitoring.aspx
Click on the link for the report entitled:
NEW - 2008-2009 Water Quality Monitoring Report.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting mmti~~nna
13-0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: July 6, 2009
ADDITIONAL ITEMS ITEM:
14
DEPARTMENT: County Manager PRESENTER(S): Dave Weaver, Assistant County Manager
CONTACT(S): Dave Weaver, Assistant County Manager
SUBJECT:
Consideration of Funding Non-Federal Share of Beach Nourishment Projects
BRIEF SUMMARY:
The Corps of Engineers (COE) intends to construct beach re-nourishment projects this coming winter for both Wrightsville and CarolinalKure Beach beaches. In order for the COE to move forward in a timely
manner, the COE has suggested that the County advance both the state share and the local share, as indicated
below:
Local
Federal Non-Federal State (75 (25 % )
Wrightsville Beach $3,436,000 $1,850,154 $1,387,615 $462,538
Carolina/Kure Beach $3,500,000 $1,884,b15 $1,413,4b2 $471,154
Total $6,936,000 $3,734,769 $2,801,077 $933,b92
Although it is highly likely that the State will fund its share of the projects (the amounts are budgeted in both
the Senate and House versions of the budget) it appears that the State would not be able to actually write a
check for its shares of the project until possibly September. This delay may impact the COE's schedule to complete the project this winter and to receive competitive bids early on in the schedule.
It is critical to note that the County advanced the State's share for two re-nourishment projects in 2006 and
was reimbursed when the State funds became available. We also project a fund balance in the beachlerosion control portion of the Room Occupancy Tax Fund of $33.7 million at the end of FY08/09. The Ports,
Waterway and Beach Commission have recommended the County to take this action.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board advance the total non-federal share of $3,734,769 for these projects which
includes $2,801,079 that we anticipate in reimbursement by the State.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting mmti~~nna
14-0