2005-03-14 RM Exhibits
KdJ- 19. 11. I
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the counties of Bladen, Brunswick, Columbus, Cumberland, Harnett, Hoke,
Pender, Robeson, Sampson and Scotland joined together in late 1968 to form the
Southcastern Economic Development Commission to assist the region in meeting its
special problems, to promote economic developmcnt and to establish a framework for
Joint federal and state efforts toward providing the basic facilitics essential to growth and
attacking its common problems and meeting its common needs on a coordinated and
concerted basis; and
WHEREAS, the Commission has operated successfully and provided its member
counties and their municipalities assistance in completing grant applications to the U S
Department of Commerce, Economic Development Administration (EDA) for $75
million; and
WHEREAS, the Commission was created pursuant to Article 2 of Chapter 158 of the
North Carolina General Statutes.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that New Hanover County wishes to join as a participating member of the
Southeastern Economic Development Commission effective July 1,2005, and hereby
petitions the Board of Directors of the Commission to approve its pending membership.
Adopted this, the 14th day of March, 2005
Attest:
2Jd-~
Robert G Greer, Chairman
~\:,\'^ ~ \O\u\\
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMA nON
WHEREAS, the United States officially began its military involvement in Vietnam following the
approval of the Tonkin Gulf Resolution by the US Congress, on August 7 1965, and
WHEREAS, 58,000 American lives were lost and 1,900 remain unaccounted for' and
WHEREAS, American involvement ended with the fall of Saigon in April, 1975, and the official end
of the war was May 7 1975 and
WHEREAS, during the three decades following the end of the war the brave men and women who
served in that conflict have never been given the recognition they deserve for their heroic sacrifices
in service to our country'
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners, that May 7, 2005 be recognized as the Thirtieth Anniversary of the official ending
of the Vietnam War and that all American men and women who served their country honorably in this
war are commemorated and remembered on.this day'
AND, BE IT FURTHER PROCLAIMED, that New Hanover County citizens are especially
encouraged to remember and reflect on those who are still missing from this war and on their families,
who continue to live with lack of resolution in their lives.
ADOPTED this the fourteenth day of March, 2005
4JJ.~
Robert G Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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WHEREAS, Rotary International, founded on February 23, 1905 in Chicago, Illinois, is the world's first and
one of the largest non-profit service organizations; and
WHEREAS, the Rotary motto, "Service Above Self", inspires members to provide humanitarian service,
encourages high ethical standards and promotes good will and peace in the world; and
WHEREAS, Rotary is the world's largest privately-funded souree of international seholarships and promotes
international understanding through seholarships, exehange programs and humanitarian grants; and
WHEREAS, there are over 387,000 Rotary Club members in more than 7,700 clubs throughout the United
States sponsoring serviee projeets to address sueh eritieal issues as poverty, health, hunger, illiteraey and the
environment in their local eommunities and abroad; and
WHEREAS, today more than 1.2 million business and professional leaders belong to over 31,000 Rotary
Clubs in 166 countries worldwide; and
WHEREAS, The Wilmington Rotary club was the first club in Wilmington, established on April 1, 1915, and
the 150th Rotary club established in the country; and
WHEREAS, the Wilmington Rotary Club sponsored many of the other clubs in the region in an effort to
promote goodwill and further enhanee the call to eommunity service; and
WHEREAS, the Club eelebrates its 90th birthday on April 1,2005,
NOW, THEREFORE BE IT PROCLAIMED, that the New Hanover County Board of Commissioners
reeognizes AprilS, 2005, as Wilmington Rotary Club Day in New Hanover County and urges all to recognize
and commend the Club for the dedieated sen~ee it has pro\~ded to our community.
/f?JM~
Robert G. Greer, Chainnan
Attest:
~\';\G\ ~- ~r\,,\1-
Sheila L. Schult, Clerk to the Board
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K1d= '2-0,/7 if
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the purchase of additional Market Place property through an option related to
a prior purchase agreement was approved on February 21,2005 by the Board of Commissioners in
an amount of $4.2 million dollars, $1 6 million to be appropriated from fund balance with the
remaining $2.6 million to be financed with staff being directed to prepare the buy/sell agreement and
bring back to the Board for approval, ,
AND WHEREAS, the buy/sell agreement has been prepared and is presented to the Board
for approval and is considered part of this resolution for adoption,
AND WHEREAS, before the County can have beneficial use of the space purchased,
renovations in an amount of $2.5 million must be completed,
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AND WHEREAS, in an effort to be proactive, expedient, and provide the Board with
options, staff secured financing proposals for both the purchase and the total project (purchase and
renovation costs);
AND WHEREAS, pursuant to the requirements of the United States Treasury Regulations
Section I I 03-8, the County hereby declares its official intent to reimburse itself with the proceeds
ofthe financing for any of the expenditures incurred by it prior to the issuance of the financing;
AND WHEREAS, a Request for Proposals was sent to local banks requesting rates for
financing and Bank of'America provided the most competitive variable rate to the County The
rates received for the three year variable installment financing were as follows:
I 2.99%
(30 Day Libor + 30bp)
! 2.99%
(30 Dav Libor + 30bp)
,.
2.88%
(30 Day Libor + 19bp)
2.88%
(30 Day Libor + 19bp)
2.58%1
([60.515% 30 Day Libor] + 95bp
2.43%
( [60.515% 30 Day Libor] + 80bp
AND WHEREAS, the proposal submitted by Bank of America met all the requirements and
provided the lowest variable rate mterest rate, with closing costs not to exceed $6,000 00;
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AND WHEREAS, the Board of Commissioners has reviewed the financing options presented
bv staff and desires to finance the total project costs of which include the acquiSition cost of the
property and the renovation costs;
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AND WHEREAS, based on the Board's decision, the Finance Director and the. County
Manager request approval to proceed with scheduling a public hearing for the financing, prcJ)aration of
financmQ Contract # 05-0242 with Bank of America for the financing ofthe acquisition cost ofthe Option
at Market Place Mall, financing amount of two million six hundred thousand dollars ($2,600,000.00) and
the renovations of the property in an amount of two million five hundred thousand dollars
($2,500,000.00) resulting in a total financed amount of five million one hundred thousand dollars
($5, I 00,000.00) ,
AND WHEREAS, the County Manager, the Finance Director, the County Attorney and their
designated staff are hereby authorized and directed to act on behalf of the County of New Hanover in
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regard to the preparation and submission of the Local Government Commission application, preparation
of Contract # 05-0242 with Bank of Amcrica for the financing 111 the amount of five million one
hundred thousand dollars ($5,100,00000) ,and other actions not inconsistent with this resolution;
AND WHEREAS, attached as part of this resolution is budget amendment # 2005-39 in the
amount of six million seven hundred thousand dollars ($6,700,000.00) which budgets the proceeds from
the financing in the amount of fivc million one hundred thousand dollars ($5,1 00,000.00) and
appropriates one million six hundred thousand from fund balance ($1,600,00000); .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioner~ of New
Hanover County that: .
(SEAL)
1)
the buy/sell agreement for the acquisition of the Option of additional space at Market
Place Mall is approved in an amount offour million two hundred thousand dollars
($4,200,00000); and
2)
budget amendment # 2005-039 which budgets the proceeds from the financing in the
amount of five million one hundred thousand dollars ($5,100,00000) and
appropriates one million six hundred thousand from fund balance ($1,600,000 00)
for a total amount of six million seven hundred thousand dollars ($6,700,000 00) is
approved; and
the Fin~nce Director and the County Manager request approval to proceed with
scheduling a public hearing for the financing, preparation of financing
Contract # 05-0242 with Bank of America for the financing of the acquisition cost of the
Option at Market Place Mall, financing amount of two million six hundred thousand
dollars ($2,600,000.00) and the renovatIOns of the property in an amount of two million
five hundred thousand dollars ($2,500,00000) resulting in a total financed amount offive
million one hundred thousand dollars ($5,100,00000); and
3)
4)
the County Manager, the Finance Director, the Countv Attorney and their designated
staff are hereby authorized and directed to act on behalf of the County of New Hanover
in regard to the preparation and submission of the Local Government Commission
application, preparation of Contract # 05-0242 with Bank of America for the financing
in the amolilt of five million one hundred thousand dollars ($5,100,00000) ,and
other actions not inconsistent with this resolution, ,
the reimbursement clause as required by the United States Treasury Regulation~ Section
1 1.03-8 'is adopted in regards to the financing of this acquisition.
5)
W!j~
Chamnan, Board ot County CommIssIoners
AT~T
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Cler 0 e oard '
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BOND ORDER AUTHORIZING THE ISSUANCE OF
$123,000,000 SCHOOL BONDS
OF THE COUNTY OF NEW HANOVER
WHEREAS, the Board of Commissioners of the County of New Hanover has recei,ved
and considered a resolution from the New Hanover County Board of Education including a
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request that the Board of Commissioners provide additional school facilities and improve I
existing school facilities in the County; and
WHEREAS, the Board of Commissioners of the County of New Hanover deems it,
advisable to make the improvements hereinafter described; and
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WHEREAS, the Board has caused to be filed with the Secretary of the Local Government
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Commission of North Carolina an application for Commission approval of the bonds hereinafter
described as required by The Local Government Finance Act, and the Secretary of the Loc~l
Government Commission has notified the Board that the application has been filed and accepted
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for submission to the Local Government Commission; NOW, THEREFORE, .
BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as
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follows:
Section I
The Board of Commissioners of the County of New Hanover has
ascertained and hereby determines that it is necessary to provide additional school facilities and
improvements to existing school facilities in the County, including the construction of a new
elementary school and a new middle school and the improvement and renovation of existing
schools, and including the acquisition and installation of furnishings and equipment and the
acquisition ofland or rights-in-land required therefor, and to pay capital costs of such
improvements.
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r1 order to raise the money required to pay capital costs of providing the
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improvements as set for.th above, in addition to any funds which may be made available for such
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Section 2.
purpose from any other sources, bonds of the County of New Hanover are hereby authorized and
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shall be issued pursuantito The Local Government Finance Act of North Carolina. The maximum
aggregate principal amolnt of said bonds authorized by this bond order shall be $123,000,000
:
Section 3
A; tax sufficient to pay the principal of and interest on said bonds when
due shall be annually levied and collected.
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Section 4 A sworn statement of the County's debt has been filed with the Clerk to
the Board of Commissioners and is open to public inspection.
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This bond order shall take effect when approved by the voters of the
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Section 5
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County at a referendum!
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This the 14th day of March, 2005
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(SEAL)
N~~~
Robert G. Greer, Chairman
ATTEST
~\l~\' \ i ~0"0\-
Sheila L. Schult! Clerk to the Board
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7-<-Hl-9, 17, ~
BOND ORDER AUTHORIZING THE ISSUANCE OF
$27,000,000 COMMUNITY COLLEGE BONDS
I OF THE COUNTY OF NEW HANOVER
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WHEREAS, the'Board of Commissioners of the County of New Hanover has received
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and considered a resolution from the Board of Trustees of Cape Fear Community College
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including a request that ~he Board of Commissioners provide additional community college
facilities at Cape Fear Community College; and
WHEREAS, the, Board of Commissioners of the County of New Hanover deems it
advisable to make the i~provements hereinafter described; and
- WHEREAS, the:Board has caused to be filed with the Secretary of the Local Government
Commission of North Carolina an application for Commission approval of the bonds hereinafter
,
described as required b~ The Local Government Finance Act, and the Secretary of the Local
Government Commission has notified the Board that the application has been filed and accepted
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for submission to the Local Government Commission; NOW, THEREFORE,
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BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as
follows:
Section I The Board of Commissioners of the County of New Hanover has
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ascertained and hereby determines that it is necessary to provide additional facilities for Cape
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Fear Community College, including the construction ofa building for classrooms, laboratories
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and administrative offices and the provision of related parking facilities, and including the
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acquisition and installation of furnishings and equipment and the acquisition of land or rights-in-
land required therefor, ld to pay capital costs of such improvements,
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Section 2. Ib order to raise the money required to pay capital costs of providing the
improvements as set folb above, in addition to any funds wbicb may be made available for such
purpose from any otheJsources, bonds of the County of New Hanover are hereby authorized and
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shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum
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aggregate principal am6unt of said bonds authorized by this bond order shall be $27,000,000
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Section 3 ~ tax sufficient to pay the principal of and interest on said bonds when
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due shall be annually le~ied and collected.
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Section 4 A sworn statement of the County's debt has been filed with the Clerk to
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the Board of Commissioners and is open to public inspection.
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Section 5 l'his bond order shall take effect when approved by the voters of the
County at a referendum)
This the 14th daX of March, 2005
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(SEAL)
~~~
Robert G. Greer, Chairman
~:i::h 29, n. s:
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A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, the Board of Commissioners of the County of New Hanover has
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adopted the bond orders hereinafter described authorizing the issuance of $123,000,000 School
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Bonds and $27,000,000i Community College Bonds, and such bond orders and the indebtedness
to be incurred by the iS,suance of such bonds and the tax to be levied for the payment of such
bonds should be submitted to the voters of the County of New Hanover for their approval or
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disapproval in order to comply with the Constitution and laws of North Carolina, NOW,
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THEREFORE, I
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BE IT RESOLVED by the Board of Commissioners of the County of New
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Hanover, as follows: I
(1) The questions whether the qualified voters of the County of New Hanover
shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of
the County authorized by said bond orders, which indebtedness shall be secured by a pledge of
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the County's faith and ?redit, (b) the levy of a tax for the payment thereof, and (c) said bond
orders shall be submitted to the qualified voters of said County at an election to be held in said
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County on May 10, 2005
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(2) The Clerk to the Board of Commissioners is hereby authorized and directed to
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publish a notice of said ~Iection which shall be in substantially the following form.
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THE COUNTY OF NEW HANOVER, NORTH CAROLINA
i NOTICE OF SPECIAL BOND ELECTION
NOTICE! IS HEREBY GIVEN that a special bond election will be held in the
County of New Hanove~, North Carolina, on May 10, 2005, for the purpose of submitting to the
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qualified voters of said: County the questions whether they shall approve or disapprove (I) the
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indebtedness to be incurred by the issuance of bonds of said County of the maximum principal
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amount of $123,000,000, which indebtedness shall be secured by a pledge of the County's faith
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and credit, and (2) the; levy of a tax for the payment of such bonds, and (3) the bond order
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entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $123,000,000 SCHOOL
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BONDS OF THE COUNTY OF NEW HANOVER," adopted by the Board of Commissioners to
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authorize the issuance of said bonds and the levy of such tax, and whether they shall approve or
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disapprove (I) the indebtedness to be incurred by the issuance of bonds of said County of the
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maximum principal am9unt of $27,000,000, which indebtedness shall be secured by a pledge of
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the County's faith and credit, and (2) the levy of a tax for the payment of such bonds, and (3) the
bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $27,000,000
COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER," adopted by the
Board of Commissioners to authorize the issuance of said bonds and the levy of such tax.
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The $123,000,000 School Bonds are authorized to pay capital costs of providing
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additional school facilities and improvements to existing school facilities in the COWlty of New
Hanover, including the construction of a new elementary school and a new middle school and the
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improvement and renovation of existing schools, and including the acquisition and installation of
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furnishings and equipment and the acquisition ofland or rights-in-land required therefor
The $27,000,000 Community College Bonds are authorized to pay capital costs of
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providing additional facilities for Cape Fear Community College, including the construction of a
building for classrooms, laboratories and administrative offices and the provIsion of related
parking facilities, and including the acquisition and installation of furnishings and equipment and
the acquisition ofland or rights-in-land required therefor
The ballots to be used at said election shall contain the words, "SHALL the order
authorizing $123,000,000 of bonds secured by a pledge of the faith and credit of the County of
New Hanover to pay capital costs of providing additional school facilities and improvements to
existing school facilities in the County of New Hanover, including the construction of a new
elementary school and a new middle school and the improvement and renovation of existing
schools, and including the acquisition and installation of furnishings and equipment and the
acquisition of land or rights-in-land required therefor, and a tax to be levied for the payment
thereof, be approved?", and the words, "SHALL the order authorizing $27,000,000 of bonds
secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of
providing additional facilities for Cape Fear Community College, including the construction of a
building for classrooms, laboratories and administrative offices and the provision of related
parking facilities, and including the acquisition and installation of furnishings and equipment and
the acquisition of land or rights-in-land required therefor, and a tax to be levied for the payment
thereof, be approved?", with squares labeled "YES" and "NO" beneath or beside such words in
which squares the voter may record his choice.
In the event a majority of the qualified voters voting at said election vote to
approve a particular order, the incurring of indebtedness and the levy of a tax related thereto, said
bonds authorized thereby shall be issued and taxes shall be levied for the payment of such bonds.
The polls for the election will open at the hour of 6.30 o'clock, A.M. and will
close at the hour of 7.30 o'clock, P.M. The precincts and polling places for the election will be
as follows:
Precinct
Polling Place
Cape Fear-I
Wrightsboro Elementary School
2716 Castle Hayne Road
Wilmington, NC 28401
Cape Fear -2
Castle Hayne Fire Department
5311 Castle Hayne Road
Castle Hayne, NC 28429
Cape Fear -3
Trask Middle School
2900 North College Road
Wilmington, NC 28405
Federal Point-1
Bellamy Elementary School
70 Sanders Road
Wilmington, NC 28412
Federal Point -2
Municipal Complex
Recreation Building
1121 North Lake Park Blvd
Carolina Beach, NC 28428
Federal Point -3
Kure Beach Town Hall
117 6th Street South
Kure Beach, NC 28449
Federal Point -4
Myrtle Grove Middle School
901 Piner Road
Wilmington, NC 28409
Federal Point -5
Carolina Beach Police
Training Room
1121 N Lake Park Blvd
Carolina Beach, NC 28428
Harnett-1
Freedom Baptist Church
802 North College Road
Wilmington, NC 28405
Harnett -2
Northeast Regional Library
1241 Military Cut-Off Road
Wilmington, NC 28405
Harnett -3
Bradley Creek Elementary School
6211 Greenville Loop Road
Wilmington, NC 28409
Harnett -4
College Park Elementary School
5001 Oriole Drive
Wilmington, NC 28403
Harnett - 5
Noble Middle School
6620 Market Street
Wilmington, NC 28405
Harnett -6
Emmanuel Presbyterian Church
1402 North College Road
Wilmington, NC 28405
Harnett -7
Eaton Elementary School
6701 Gordon Road
Wilmington, NC 28405
Harnett -8
Ogden Elementary School
3637 Middle Sound Loop Road
Wilmington, NC 28411
Harnett -9
Ogden Fire Dept at Porters Neck
907 Porters Neck Road
Wilmington, NC 28411
Masonboro-2
Masonboro Baptist Church
1501 Beasley Road
Wilmington, NC 28409
Masonboro -3
Moose Lodge
4610 Carolina Beach Road
Wilmington, NC 28412
Masonboro -4
Cape Fear Academy
3900 South College Road
Wilmington, NC 28412
Masonboro -5
Myrtle Grove Baptist Church
5524 Myrtle Grove Road
Wilmington, NC 28409
Wilmington-I
Johnson Elementary School
1100 McRae Street
Wilmington, NC 28401
Wilmington -2
Community Art Center
120 South 2nd Street
Wilmington, NC 28401
Wilmington -3
Castle Street Town Hall
617 Castle Street
Wilmington, NC 28401
Wilmington -4
National Guard Armory
2221 Carolina Beach Road
Wilmington, NC 28401
Wilmington -5
VFW Building
2722 Carolina Beach Road
Wilmington, NC 28401
Wilmington -6
Brogden Hall (New Hanover High School)
1221 Market Street
Wilmington, NC 28401
Wilmington -7
Williston Middle School
401 South 10th Street
Wilmington, NC 28401
Wilmington -8
Lake Forest, Inc.
250 Pinecrest Parkway
Wilmington, NC 28401
Wilmington -9
Snipes Elementary School
2150 Chestnut Street
Wilmington, NC 28401
Wilmington -] 0
Gibson Ave Baptist Church Fellowship Hall
2037 Wrightsville Avenue
Wilmington, NC 2840]
Wilmington -] ]
Alderman Elementary School
2025 Independence Blvd
Wilmington, NC 28403
Wilmington -12
Forest Hills Elementary School
602 Colonial Drive
Wilmington, NC 28403
Wilmington -] 3
Winter Park Presbyterian Church
4501 Wrightsville Avenue
Wilmington, NC 28403
Wilmington -14
Roland Grice Middle School
4412 Lake Avenue
Wilmington, NC 28403
Wilmington - ] 5
Blount Elementary School
3702 Princess Place Drive
Wilmington, NC 28405
Wilmington -16
Pine Valley E]ementary School
440 Jolm S Mosby Drive
Wilmington, NC 284]2
Wilmington-l 7
Holly Tree Elementary Schoo]
2030 WEB Trace
Wilmington, NC 28409
Wilmington -] 8
Fire Station (Muni. Golf Course)
3 ] 0 South Wallace A venue
Wilmington, NC 28403
Wilmington -19
Sunset Park Elementary School
6]3 Alabama Avenue
Wilmington, NC 2840]
Wilmington -20
Fire Station #5
]502 Wellington Avenue
Wilmington, NC 2840]
Wilmington -2]
Codington E]ementary School
4321 Carolina Beach Road
Wilmington, NC 284]2
Wilmington -22
First Church ofthe Nazarene
4017 Wilshire Blvd
Wilmington, NC 28403
Wilmington -23
Fire Station - Empie Park
3403 Park A venue
Wilmington, NC 28403
Wilmington -24
Trask Coliseum
601 South College Road
Wilmington, NC 28403
Wrightsville Beach
Fran Russ Recreation Center (behind Town Hall)
321 Causeway Drive
Wrightsville Beach, NC 28480
The registration records for said election will be kept open at the office of the
New Hanover County Board of Elections, 230 Market Place Drive, Suite 180, in Wilmington,
from 8'00 o'clock A.M., until 5'00 o'clock, P.M., each weekday, through April 15, 2005 The
telephone number for the Board of Elections is: (910) 798-7330
Application forms for voter registration may be obtained during regular business
hours from the New Hanover County Board of Elections at the address indicated above, the New
Hanover County Main Library at 201 Chestnut Street in Wilmington, the Department of Motor
Vehicles at 1 Station Road and South Square Plaza 2326 Carolina Beach Road in Wilmington,
the Carolina Beach Branch Library at 300 Cape Fear Blvd. in Carolina Beach, the Myrtle Grove
Branch Library at 5155 South College Road in Wilmington, the Northeast Regional Library at
1241 Military Cut-Off Road in Wilmington, the YMCA at 2710 Market Street in Wilmington,
the YWCA at 2815 South College Road in Wilmington, the Senior Center at 2222 South College
Road in Wilmington, the Carolina Beach Municipal Complex Building at 1121 North Lake Park
Blvd. in Carolina Beach, the Kure Beach Town Hall at 117 North 6th Avenue in Kure Beach, the
Wilmington City Hall at 102 North 3rd Street in Wilmington, the Wrightsville Beach Town Hall
at 321 Causeway Drive in Wrightsville Beach and the NC License Plate Agency at South Square
Plaza 2326 Carolina Beach Road in Wilmington.
Voters may submit completed application forms to the Board of Elcctions in
person or by mail. The last day of registration for the special election shall be April 15, 2005 In
order to be valid for the special bond election the completed form, if mailed, must be postmarked
by April 15,2005
Any qualified voter who (1) expects to be absent from the County all day on said
election day, or (2) because of sickness or other physical disability will be unable to be present at
the polls to vote in person on said day, or (3) is incarcerated and certified not to be a felon by the
chief custodian or superintendent of the voter's place of confinement, or (4) because of a
religious holiday pursuant to the tenets of the voter's religion will be unable to cast a ballot on
the day of election, or (5) is an employee of the County Board of Elections whose assigned
duties on the day of the election will cause the qualified voter to be unable to be present at the
voting place, may apply for an absentee ballot to be used in voting at said election. Information
concerning the time and manner for applying for an absentee ballot, including the last day for
making such application, can be obtained from the New Hanover County Board of Elections at
the Board's office at 230 Market Place Drive, Suite 180, in Wilmington, North Carolina.
By order of the Board of Commissioners of the County of New Hanover
SHEILA L. SCHULT
Clerk, Board of Commissioners
County of New Hanover,
North Carolina
Said notice of special election shall be published at least twice. The first
publication shall be not less than 14 days and the second publication not less than 7 days before
the last day on which voters may register for the special election.
(3) The New Hanover County Board of Elections is hereby requested to print and
distribute the necessary ballots and to provide the equipment for the holding of said election and
to conduct and to supervise said election.
(4) The Clerk to the Board of Commissioners shall mail or deliver a certified
copy of this resolution to the New Hanover County Board of Elections within three days after
the resolution is adopted.
This the] 4'h day of March, 2005
(SEAL)
ATTEST
~\\.\, "-'~0\J'\\
Sheila 1. Schult, Clerk to the Board
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Robert G. Greer, Chairman
5iA..P.:d:J,3/. J..
COUNTY OF NEW HANOVER
ST ATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
S-515, 08/04 Indoor Outdoor Recreation Establishment
And Child Daycare Facility in an R-20 Residential District
The applicant for this special use permit is Inland Harbour Properties, LLC, and the request is for
an indoor/outdoor recreation establishment and children's day care at 3102 Middle Sound Loop
Road. Based upon the Board of County Commissioners' hearing and decision rendered August
2, 2004, on this matter, and per the Order of Resident Superior Court Judge Jay D Hockenbury,
dated and filed December 22, 2004, the Board hereby grants the applicant's special use permit.
In doing so, the Board makes the following FINDINGS OF FACT and renders the following
CONCLUSIONS
1. The Board finds that the use will not materially endanger the pnblic health or safety if located
where proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Ogden VFD
B. The site is served by a city water system and County Sewer
C. Storrnwater management can be accommodated within the Storm water management system for Demarest
Village.
2. The Board finds that the use meets all required conditions and specifications of the zoning
ordinance.
A. A site plan which meets the requirements of the zoning ordinance has been submitted.
B. Adequate landscaping and buffering can be accommodated to protect adjoining residential uses from lights
and noise.
C. The project meets all setback and access requirements.
D. The site has frontage on Middle Sound Loop Road (SR 1043 l, which is designated as a collector road on the
New Hanover County Thoroughfare Classification Plan. Access to the site is trom Harlendale Drive (SR
1979) and from Whisper Park Drive (private R/W).
E. Adequate parking is provided to accommodate the proposed uses. Drop-off and turnaround access is
provided for the Daycare Facility
F A fenced play area will be provided on the north side of the buildings designated for the daycare.
G. The Daycare shall be constructed and operated in accordance with the General Statutes of the State of North
Carolina and any other applicable Federal, State or local codes.
3. The Board finds that the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity.
A. To date no information has been presented that the proposed Recreation Facility and Child Daycare Center
will injure the value of adjoining or abutting property
B. The proposed Indoor/Outdoor Recreation Facility will provide residents of Middle Sound a recreational
option that is otherwise not available nearby
C. Daycare Centers are operated in neighborhoods and residential lots throughout the County Other Daycare
Centers are operated in Middle Sound.
4. The Board finds that the location and character of the use if developed according to the plan as
submitted aud 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 proposed development style is consistent with other upscale neighborhoods within Middle Sound.
B. The site is classitied as resource protection by the New Hanover County Comprehensive Plan and is within
the urban growth boundaries. The purpose of the Resource Protection class is to provide for the
preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Within
the urban services boundary, residential densities greater than 2.5 units per acre may be considered for
exceptionally designed projects.
5. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated.
B. Other'
1 All other applicable federal, state and local laws.
2. Hours of operation shall be restricted to the period from 6'00AM to 10'00PM.
3 Lighting for the project shall be directed inward to the project and downward as
illustrated on the application materials.
4 There shall be no sale of alcohol.
5 Any swim meets at the pool shall be limited to intra-club competition or a maximum
of two teams per day
Ordered this -.a.:2 day of February 2005
Attest:
1?/J)j~
Robert G Greer, Chairman
~\J~( \" ~t L\\
Clerk to the Board
SIAPJl33/,3
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
In a Conditional Use Neighborhood Business District CD(B-l)
ADDENDUM
to Special Use Order for Case Z-521
Originally Granted 1/3/95 for sales & service of Gas Grills
The County Commissioners for New Hanover County having held a public hearing on March 14, 2005 to
consider application number Z-521, 12/94, 01105 submitted by Tim Turner to expand the site plan for an
existing CD(B-]) Conditional Use Neighborhood Business District located at lIS Cathay Road and also
having frontage on Carolina Beach Road and having heard all of the evidence and arguments presented at
the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS.
l. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT
A. The site is located in the Myrtle Grove VFD.
B. County Water & County Sewer are available nearby
C. The District has frontage on Carolina Beach Road and Cathay Road.
D. The proposed expansion will utilize access from Cathay Road
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT
A. A site plan pursuant to the requirements set forth for conditional
zoning has been submitted
B. The applicant has received a variance from the setback requirements
adjacent to the Convenience food store property.
C. All of the uses shown on the list of "Desired Uses," are permitted
within the B-1 district.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT
A. The property directly abutting the subject property and the property
across Cathay road are used for Gas Stations
B. Buffering is proposed to limit impact on nearby lots in Monterey
Heights
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely 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
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT
A. The property is within the Limited transition land classification The
purpose of the Limited Transition class is to provide for development in
areas that will have some services but at lower density than those
associated with Urban Transition
B. Public utilities are available nearby
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the
application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific requirements
stated in the Ordinance for the proposed use, as well as any additional
conditions hereinafter stated
B. If any of the conditions imposed by this special use permit shall be held
invalid beyond the authority of this Board of Commissioners by a court of
competent jurisdiction, then this permit shall become void and of no
effect
c. Other
I All other applicable federal, state and local laws
2. No outside storage is permitted
3 Buffering and landscaping shall be reestablished to comply
with current regulations
4 Uses will need to be limited to the available parking
Ordered this 14th day of March 2005
Attest:
~
Robert G. Greer, Chairman
~\l:\'- \.~,\,.\-\-
Clerk to the Board
2-31 <!(,,(,,3
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF MASONBORO ZONING AREA
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED October 15, 1969
Z- 790, 01/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY OOTH ORDAIN
Section I The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described
tract from the CD(B-2) Conditional Use Highway Business District and placing it in the R-15 Residential Zoning
District Classification, said land being described as follows:
Beginning at a point in the western right-of'way of S. College Road (N C 132) said point being the southeast corner of
Heritage Baptist Church as recorded in Book 1219, Page 444 of the New Hanover Countv Registry; running thence N 69
degrees west 380. 66feet to a point (concrete monument), thence S 30 degrees 07 minutes W 173.50feet to a point; thence N 69
degrees 07 minutes west 198.35 feet to a point; thence S 30 degrees 07 minutes west 222.50feello apoint; thence N 69 degrees
07 minutes west 355.31 feet; thence N 08 degrees 18 minutes east 399.23 feet to a concrete monument; thence S 73 degrees II
minutes 05 seconds east 713.14 feet to an iron pipe; thence S 69 degrees 00 minutes east 422.29 feet to a nail in the western
right-of'way ofS. College Road (NC 132), thence S 07 degrees 05 minutes west 46.36 feet to the point of beginning.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners
to Change the Zoning Map ofthe Masonboro Area on file in the office of the County Commissioners, so as to make
it comply with this ordinance.
Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict,
is hereby repealed.
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 14th day of March, 2005
Attest:
~~
Robert G. Greer, Chairman
~~'~~ '-~t\!k
Cler to the Board
.3 LL,o 3. 3/. if-
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For an 82 Unit High Density Development in an R-15 Residential District
S-525, 01105
The County Commissioners for New Hanover County having held a public hearing on March 14,2005 to
consider application number S-525 submitted by Withers and Ravenel for a special use permit for an 82
Unit High Density Residential District located at 4702 South College Road between the Vineyard Church
and Still Meadow Village Apartments and having heard all of the evidence and arguments presented at
the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support ofthis conclusion, the Commissioners make the following FINDINGS OF FACT
A. The site is located in the Myrtle Grove VFD.
B. City Water & County Sewer are available nearby
C. The site has direct access to South College Road which is classified
by the Thoroughfare Classification Plan as an Arterial Road
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT
A. A site plan that meets the requirements of the Zoning Ordinance has
been submitted.
B. No trees meeting the' definition of significant trees exist on the
site.
C. A tree inventory has been conducted and is shown on the site plan
D. Prior to any development, detailed landscape and development plans
in accordance with the applicable sections of the ordinance will be
submitted.
E. The primary entrance to the property is through an existing
commercial driveway that aligns with a median crossover. The
proposed entrance will be upgraded
F. According to the zoning ordinance a maximum density for the subject
site is 102 units The subject site plan proposes 82 units.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT
A. The subject property is zoned R-15 Residential
B. High Density Development is permitted by special use permit in the
R-15 District
C. The proposed project is adjacent to an existing High Density
Development and an existing Church.
D. Other High Density projects exist to the north and south along the
South College Road Corridor
E. Adequate landscaping can be accommodated on site
F. No evidence has been presented that this project will decrease the
value of adjoining property.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely 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 whim
it is to be located and in general conformity with the plan of development for New Hanover County
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT
A. The 1999 Land Classification Plan identifies this area as Developed
The purpose of the Developed class is to provide for continued
intensive development and redevelopment of existing urban areas
These areas are already developed at a density approaching 1,500
dwelling units per square mile. Urban services are already in place
or scheduled within the immediate future. Most of the land within the
City of wilmington is designated as developed, except for some Urban
Transition and Conservation areas Density may exceed 2.5 units per
acre within the developed class, depending upon local zoning
regulations.
B. Adjacent lands are already developed with high density residential.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the
application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific
requirements stated in the Ordinance for the proposed use, as well
as any additional conditions hereinafter stated
B. If any of the conditions imposed by this special use permit shall be
held invalid beyond the authority of this Board of Commissioners by
a court of competent jurisdiction, then this permit shall become
void and of no effect.
c. Other'
1 All other applicable federal, state and local laws
Ordered this 14th day of March 2005
~\~~ ~.~~t\-
Clerk to the Board
/~-IJ.ti-
Robert G. Greer, Chairman
Attest:
Le,I,'I&~,<f
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED April 7, 1971
Z-791, 02/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described
tracts from the R-15 Residential Zoning District Classification and placing them in the B-2 Highway Business
Zoning District Classification, said land being described as follows:
All offour Parcels of land known to the New Hanover County Land Records as Parcels.
1) R07117-003-003-000
2) R07117-003-004-000
3) R07117-003-002-000
4) R071 17-003-001-000
Said Zoning District modification includes the entire right of way of us Highway 421 that abuts the above described parcels.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners
to Change the Zoning Map No 4 on file in the office of the County Commissioners, so as to make it comply with
this ordinance.
Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict,
is hereby repealed.
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 14th day of March, 2005
Attest:
~~
Robert G. Greer, Chairman
~~~ ,--~ij},
Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCfAMA nON
WHEREAS, the United States officially began Its military involvement in Vietnam following the
approval of the Tonkin Gulf Resolution by the U.S Congress, on August 7 ]965 and
WHEREAS 58,000 American lives were lost and ],900 remain unaccounted for' and
WHEREAS American involvement ended with the fall of Saigon in April, 1975, and the official end
of the war was May 7 ]975 and
WHEREAS, .during the three decades following the end of the war, the brave men and women who
served in that conflict have never been given the recognition they deserve for their heroic sacrifices
in service to our country;
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners, that May 7 2005 be recognized as the Thirtieth Anniversary of the official ending
of the Vietnam War and that all American men and women who served their country honorably in this
war are commemorated and remembered on this day'
AND, BE IT FURTHER PROCLAIMED that New Hanover County citizens are especially
encouraged to remember and reflect on those who are still missing from this war and on theirfarnilies,
who continue to live with lack of resolution in their lives.
ADOPTED this the fourteenth day of March, 2005
41J.~
Robert G Greer Chaimlan
Attest:
~\P.\\~ \ ~tL.\+
Sheila L. Schult, Clerk to the Board