2005-06-06 RM Exhibits
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description.
Royal Fern Road and YeHow Daisy Drive in River Oaks
Subdivision (Division File No 1054-N)
WHEREAS, a petition has been filed with the Board of Co un tv Commissioners of the County ojNew
Hanover requesting that the above described road(s), the location afwhich has been indicated on a map, be
added to the Secondary Road System, and
WHEREAS, the Board of Co un tv Commissioners is of the opinion that the above described road(s)
should be added to the Secondarv Road System, if the road(.'l) meets minimum standards and criteria
established bv the Division of Highways of the Department q(Transportationfor the addition o(roads to the
Svstem.
NOW THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover
that the Division qf Highways is herehv requested to review the above described road(.\), and to fake over the
road(.'l) for mah1tenance if they meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 6th day of June ,2005
~ \r, :TTNESS
my hand and official
2005
seal
this the
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.
day of
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Sheila L. Schult, Clerk to the Board
New Hanover County Board of
Commissioners
Form SR 2
Please Note: Forward directly to the District Engineer, Division of Highways.
resolute.wp
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New Hanover County Board of COmJ111SSlOners
~roda:111atton
'Whereas
,
on August 23
The National Association of Health Unit Coordinators/Clerks was founded
1980; and
'"Whereas, The National Association of Health Unit Coordinators (NAHUC)
promotes health unit coordinating as a profession through educatIOn, certification, and
complying wIth the NAHUC Standards of Education and Code of EthICS; and
Vvliereas, rapid advances in medicine have encouraged the growth and expansion of
the Unit Coordinator's responsibilities; and
Vvhereas, this professional occnpation has been known by as many as 75 titles, even
though they perform the same or similar tasks; and
vVhereas, NAHUC's goals are to increase acceptance of and bring uniformity to the
use of the title nationally' and
"'Whereas, responsibilities vary from setting up charts for patients admitted to the
hospital, order their testing, x-ravs, transcribe physician orders, process payroll,
coordinate schedules, anything to efficiently rill1 their unit; and
Vvli.ereas, members demonstrate to employers, allied health workers and patients that
they aTe actively participating in their professional growth by pursuing education,
certlfication, and if desired, climbing the career ladder
Now, TIi.erefore, Be It Troc[aimea, by the New Hanover County Board of
Commissioners, that August 23,2005 be recognized as Health Unit Coordinators Day in
New Ha1lOVer County
Adopted this the sixth day of June, 2005
~~
Robert G Greer Chairman
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At1est:
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Sheila 1. Schult Clerk
Clerk to the Board
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Sheriffs Office has six (6) 2003 Harley Davidson FLHPI
with Vehicle Identification # as follows:
1 HDIFHW133Y713206 Fixed Asset # 018266
IHDIFHWI33Y713304 Fixed Asset # 018268
IHDIFHWl43Y713022 Fixed Asset # 018265
IHDlFHWI93Y713467 Fixed Asset # 018177
tHDI FHW193Y712934 Fixed Asset # 018264
1 HDIFHWI93Y713274 Fixed Asset # 018267
AND WHEREAS, Carolina Coast Harley Davidson has proposed to exchange with the County six
(6) new 2005 Harley Davidson FLHPI motorcycles for the County's existing 2003 model Harley Davidson
FLHPI motorcycles with a seven hundred sixty-three dollar and seventy-five cent ($763 75) fee per
motorcycle to change out existing equipment on each motorcycle;
AND WHEREAS, budget amendments have been completed to provide for proper accounting of the
transaction, increasing revenues and expenses by eighty-eight thousand eighty ($88,080.00) dollars to
provide for the processing of the transaction;
AND WHEREAS, pursuant to General Statute 160A 271 the County Board of Commissioners is
authorized to approve such exchange;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that the six (6) 2003 Harley Davidson FLHPI motorcycles be exchanged for the six (6) 2005 Harley
Davidson FLHPI motorcycles with a seven hundred sixty-three dollar and seventy-five cent ($763 75) fee
per motorcycle to change out existing equipment on each motorcycle and that the County staff is directed
to process any required documents to consummate the transaction and approve related budget amendments.
This 6th day of June, 2005
(SEAL)
1?H)j~
Chairman, Board of County Commissioners
ATTEST
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Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
]'ROCLAMA nON
RIP CURRENT AWARENESS '''EEK 2005
WHEREAS, there have been 25 fatalities due to rip currents along the Carolina Coast
since 2001 more than from wind, rain and other such natural causes combined; and
WHEREAS, 80% of many hundreds ofLifeh'Uard Rescues are related to rip currents; and
vVHEREAS, citJzens from across the state use the ocean beaches, and inexpenenced
swimmers on unguarded beaches need to be aware of the hazard of rip currents; and
WHEREAS, people are more likely to be protect themselves when they lmow what to do
when they are affected by rip currents; and
WHEREAS, Lifeguards, County and State Emergency Management, and NOAA's Sea
Grant and National Weather Service teams are actively promoting rip current safety with
signs, rip current forecasts, and other education programs; and
WHEREAS, June 5-11,2005 has been designated National Rip Current Awareness
Week;
NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of
Commissioners do join the national effort and do hereby proclaim the week of June 5-]]
2005, as RIP CURRENT A WARENESS WEEK" in New Hanover County and call
upon our citizens and interested groups to observe the week with appropriate activities
that promote awareness of rip currents and how to stay safe.
Adopted this the 6th day of June, 2005
1?il~ ~
Robert G Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
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A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, the Board of Commissioners has considered the Certificate of Canvass of
the New Hanover County Board of Elections canvassing the referendums held for the County of
New Hanover on May 10, 2005 and certifYing the results thereof to the Board of Commissioners
and has canvassed the results of said Special Election; NOW, THEREFORE,
BE IT RESOLVED, that it be and hereby is certified and declared that the total number
of voters who voted "YES" in answer to the question, "SHALL the order authorizing
$123,000,000 of bonds secured by a pledge of the faith and credit ofthe County of New Hanover
to pay capital costs of providing 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 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 pavment thereof, be approved", was 7,518. The total
number of voters who voted "NO" in answer to such question was 4,804
BE IT RESOLVED, that it be and hereby is certified and declared that the total number
of voters who voted "YES" in answer to the question, "SHALL the order authorizing
$27,000,000 of bonds 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-
'k..&
in-land required therefor and a tax to be levied for the payment thereof, be approved" was
4,994 The total number of voters who voted 'NO" in answer to such question was 7,298.
FURTHER RESOLVED, that a statement substantially in the form hereinafter set
forth declaring the results of said election shall be prepared, delivered to the Clerk of the Board
of Commissioners for filing and recordation and published in accordance with law.
STATEMENT OF RESULT OF SPECIAL ELECTION
HELD FOR THE COUNTY OF NEW HANOVER
MAY 10, 2005
WHEREAS, by direction of the Board of Commissioners of the County of New Hanover
, in the State of North Carolina, a special bond election was duly called and held for said County
on May 10, 2005 for the purpose of submitting to the qualified voters of said County the question
hereinafter set forth, and the said Board of Commissioners has received from the New Hanover
County Board of Elections certifications of the results of the election, and has determined the
results of said election to be as hereinafter stated; NOW, THEREFORE,
The Board of Commissioners hereby makes the following statement of the results of said
election pursuant to The Local Government Bond Act:
The total number of voters who voted "YES" in answer to the question, "SHALL the
order authorizing $123,000,000 of bonds secured by a pledge of the faith and credit the County
of New Hanover to pay capital costs of providing additional school facilities and improvements
to existing school facilities, including construction of a new elementary school and a new middle
school and the improvement and renovation of existing schools, and including acquisition and
installation of furnishings and equipment and acquisition of land or rights-in-land required
therefor and a tax to be levied for the payment thereof, be approved", was 7,518. The total
number of voters who voted "NO" in answer to such question was 4,804 The question in the
form submitted was approved by the affirmative vote of a majority of those who voted thereon at
said election.
The total number of voters who voted "YES" in answer to the question, "SHALL the
order authorizing $27,000,000 of bonds 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", was 4,994 The total number of voters who voted "NO" in answer to such question
was 7,298.
Any action or proceeding challenging the regularity or validity of this bond referendum
must be begun within 30 days after June 9 2005
Board of Commissioners of the
County of New Hanover, North Carolina
This the 6th day of June, 2005
(SEAL)
~~
Robert G Greer, Chairman
"R.::lJ.. ~ Dt ;l:2.. ~
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF NEW HANOVER, NORTH CAROLINA,
AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
FINANCING CONTRACT OR AN AMENDMENT TO AN
EXISTING INSTALLMENT FINANCING CONTRACT TO
EFFECTUATE THE REFINANCING OF CERTAIN CAPITAL
PROJECTS FINANCED IN 1997, DIRECTING THE
PUBLICATION OF NOTICE WITH RESPECT THERETO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH
I. UNDERTAKINGS
WHEREAS, the County has tbe power pursuant to the General Statutes of North
Carolina to (I) purcbase real and personal property, (2) enter into installment purchase contracts
in order to finance or refinance the purcbase of real and personal property used, or to be used, for
public purposes, and (3) gra.'1t a security interest in some or all of Lqe property purchased to
secure repayment of tbe purchase price;
WHEREAS, tbe Board of Commissioners (the "Board") of the County of New
Hanover, North Carolina (the "County") previously provided for tbe installment financing of
(1) the construction of tbe Motts Creek Interceptor and related collection system, (2) the
construction of the Ogden Interceptor, (3) the construction of the North Cbase Interceptor, (4) tbe
acquisition ofland and a building for use as a library, (5) the acquisition of rights and properties
for use bv tbe Sheriffs Department and (6) the acquisition of a scraper pan and the refinancing of
the acquisition of approximately 210 acres ofland (collectively, the" 1997 Projects"); and
WHEREAS, the Board now proposes to refinance the 1997 Projects through an
installment financing contract with the New Hanover County Financing Corporation (the
"Corporation") or an amendment to tbe Installment Financing Contract dated December 1 ] 997
between the County and the Corporation (in each case, the "Contract"), obligating the County to
repay in installments the amount refinanced at a fixed annual interest rate of not more than
K It)
5.25% over a term not exceeding 14 years, resulting in a total amount refinanced not to exceed
$14,000,000' and
WHEREAS, pursuant to N C.G.S. Section 160A-20, the County is authorized to
refinance the acquisition, construction and equipping of the 1997 Projects by entering into the
Contract and using a deed of trust (the "Deed of Trust") that created in some or all of the 1997
Projects and the sites on which they are located a security interest to secure payment of the
obligations under the Contract; and
WHEREAS, subject to the prior approval of the Local Government Commission
of North Carolina (the "LGC") pursuant to N C.G.S. Section 159-148, the County intends to
refinance the 1997 Projects pursuant to Section 160A-20 by executing and delivering to the
Corporation or other financing entity the Contract providing for the refinancing of a principal
amowlt not to exceed $14,000,000' and
WHEREAS, the County intends to apply for municipal bond 1l1surance to
guarantee payments by the County under the Contract; and
II. UNDERTAKINGS NECESSARY
WHEREAS, the County staff has advised the Board, and the Board hereby finds
and determines, that it is in the best interests of the County to refinance the cost of a portion of
the 1997 Projects in order to generate debt service savings at favorable interest rates and to
enable the County to perform its public functions, and that the refinancing of the 1997 Projects
will benefit the County and its residents; and
WHEREAS, a public hearing will be held to receive public comment on the
desirability of refinancing the 1997 Projects, and the Board rcceived evidence supporting the°need for such refinancing; and
WHEREAS, the Board finds and determines that the undertakings are necessary
and expedient for the aforesaid reasons and that a portion of the ] 997 Projects be refinanced
under the terms, conditions and parameters heretofore stated and to be further determined with
more particularity at a later date; and
III. FUNDS NOT EXCESSIVE
WHEREAS, the sums to fall due under the Contract can be included in the
County's budget without difficulty- and
WHEREAS, the above factors lead to the conclusion that the payments under the
Contract are not excessive for the stated purposes of refinancing the acquisition, construction and
equipping of the 1997 Projects; and
IV TRANSACTION A PUBLIC PURPOSE
WHEREAS, the County Attorney has advised the County that the 1997 Projects
are authorized by law and are purposes for which public funds may be expended pursuant to the
Constitution and laws of North Carolina; and
V INSTALLMENT FINANCING DESIRABLE
WHEREAS, the Board finds and determines that short term or pay-as-you-go
financing would place strains on the County's ability to fund general operations without a
significant tax increase; and
WHEREAS, use of the County's unobligated fund balance to refinance the 1997
Projects would reduce the fund below the guideline established by the LGC and would not be in
the County's best interest; and
WHEREAS, the use of non-voted debt would not provide sufficient funds to
refinance the 1997 Projects in a timely manner; and
WHEREAS, although the cost of refinancing under the proposed Contract is
greater than the cost of general obligation bond financing, installment contract financing would
be preferable to general obligation bond financing because a general obligation bond
authorization probably could not be perfected in a timely manner and would not permit the
alternative refinancing structures and repayment provisions available in the proposed negotiated
installment contract refinancing; and
WHEREAS, the proposed cost of refinancing the 1997 Proj ects is too great an
amount to be funded by current appropriations; and
WHEREAS, the Board finds and determines that an installment contract
refinancing is therefore the most viable and efficient alternative and that the cost of such
financing is reasonable; and
VI. COMPLIANCE WITH DEBT MANAGEMENT CONTROLS
WHEREAS, past audit reports of the County indicate that its debt management
and contract obligations payment policies have been carried out in strict compliance with the law
and the County has not been censured by the LGC, external auditors, or any other regulatory
agencies in connection with such management; and
VII. ESTIMATED TAX INCREASE
WHEREAS, the Board estimates that the County's ad valorem tax rate will not be
significantly increased in order to sustain the proposed refinancing; and
VIII. NO DEFAULT
WHEREAS, the County is not in default in meeting any of its debt service or
contract obligations; and
IX. APPLICATION
WHEREAS, it is the Board's intention to adopt this Resolution for the purpose of
authorizing the refinancing of all or a portion of the 1997 Projects, making certain findings and
determinations, approving the submission of an application for approval of the Contract to the
LGC and authorizing such other acts deemed necessary and advisable to carry out the
refinancing of the 1997 Projects.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as
follows:
Section 1. The Chairman of the Board, the County Manager, the Finance Director
and the Clerk to the Board are hereby authorized and directed on behalf of the County to proceed
with the preparation of the Contract providing for the refinancing of an amount not to exceed
$14,000,000 at an mmual interest rate not to exceed 5.25% and a term not to exceed 14 years,
and otherwise proceed with the plan of refinancing for the 1997 Proj ects described at this
meeting.
Section 2. The Chairman of the Board, the County Manager, the Finance Director
and the Clerk to the Board are herebv authorized and directed to submit an application for the
LGC's approval of the Contract pursuant to N C.G.S. Section 160A-20 and Section 159- 1 48, and
to execute a sworn statement of debt of the County pursuant to N C.G.S. Section 159-150 in
connection with the refinancing of the 1997 Projects.
Section 3. The County staff is hereby authorized to apply for municipal bond
insurance with respect to the Contract.
Section 4. The financing team of LeBoeuf, Lamb, Greene & MacRae, L.L.P as
special counsel, Wachovia Bank, National Association, as underwriter and Parker Poe Adams &
Bernstein L.L.P as underwriter's counsel, is approved.
Section 5. This Resolution shall become effective immediately upon its adoption
and shall supersede any and all previous resolutions regarding the refinancing of the 1997
Projects on an installment-financing basis.
Section 6. That a public hearing (the "Public Hearing") shall be conducted by the
Board of Commissioners on June 20, 2005, concerning the Contract, the Deed of Trust, the
proposed refinancing of the 1997 Projects and any other transactions contemplated therein and
associated therewith.
Section 7. The Clerk to the Board is hereby directed to cause a notice of the
Public Hearing (in the form attached hereto as Exhibit A) to be published once in a qualified
newspaper of general circulation within the County no fewer than 10 days prior to the Public
Hearing.
This the 6th day of June, 2005
(SEAL)
N/!1,n~~
Robert G. Greer Chairman
ATTEST
S\ \~.. l. ~t >'1l\~
Sheila 1. Schult, Clerk to the Board
EXHIBIT A
NOTICE OF PUBLIC HEARING
The New Hanover County Board of Commissioners will hold a public hearing on June 20, 2005
at 9:00 A.M. at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301,
Wilmington, North Carolina. The hearing will address the installment financing contract
arrangement proposed by the County providing for the refinancing of (I) the construction of the
Motts Creek Interceptor and related coIlection system near the Intersection of U.S 421 and N C.
Highway 132, (II) the construction of the Ogden Interceptor between the Ogden Community and
New Hanover County International Airport, (1II) the construction of North Chase Interceptor
between the Ogden Community and the northern boundary of the county, (IV) the acquisition of
land and a building for use as a library located at Military Cutoff Road, (V) the acquisition of
rights in property for use by the Sheriffs Department located at 102 North Fourth Street, and
(VI) the acquisition of a scraper pan and the refinancing of the acquisition of approximately 210
acres of land located between U.S. 321 and River Road (collectively the "Facilities"), which
were financed in 1997 with an installment financing contract. As security for its obligations
under the installment-financing contract, the County will utilize a deed of trust and security
agreement granting a lien on the Facilities. The installment-financing contract provides for a
refinancing aggregating approximately $14,000,000, including costs of issuance. Drafts of the
financing documents are available for inspection in the office of the County Manager All
persons interested in this public hearing are encouraged to attend and express their views.
SHEILA L. SCHULT
Clerk, Board of Commissioners
County of New Hanover,
North Carolina
1<.!:b ";2.., 9. ::L;2.. 7
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF NEW HANOVER, NORTH CAROLINA,
AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
FINANCING CONTRACT OR AN AMENDMENT TO AN
EXISTING INSTALLMENT FINANCING CONTRACT TO
EFFECTUATE THE REFINANCING OF CERTAIN CAPITAL
PROJECTS FINANCED IN 2001, DIRECTING THE
PUBLICATION OF NOTICE WITH RESPECT THERETO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH
I. UNDERTAKINGS
WHEREAS, the County has the power, pursuant to the General Statutes of North
Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts
in order to finance or refinance the purchase of real and personal property used, or to be used, for
public purposes, and (3) grant a security interest in some or all of the property purchased to
secure repayment of the purchase price;
WHEREAS, the Board of Commissioners (the "Board") of the County of New
Hanover, North Carolina (the "County") previously provided for the installment financing of
(]) the construction and equipping of a 648-bed jail facility (2) the renovation of a law
enforcement facility, (3) the construction and equipping of a parking deck and, (4) the renovation
of a library (collectively the "200 I Projects"); and
WHEREAS, the Board now proposes to refinance the 2001 Projects through an
installment financing contract with the New Hanover County Financing Corporation (the
"Corporation") or an amendment to the Installment Financing Contract dated October 1 2001
between the County and the Corporation (in each case, the "Contract"), obligating the County to
repay in installments the amount refinanced at a fixed annual interest rate of not more than
5.25% over a term not exceeding 15 years, resulting in a total amount refinanced not to exceed
$27,000,000. and
~K. II
WHEREAS, pursuant to N c.G.S. Section 160A-20, the County is authorized to
refinance the acquisition, construction and equipping of the 200 I Projects by entering into the
Contract and using a deed of trust (the "Deed of Trust") that created in some or all of the 2001
Projects and the sites on which they are located a security interest to secure payment of the
obligations under the Contract; and
WHEREAS, subject to the prior approval of the Local Government Commission
of North Carolina (the "LGC") pursuant to N C.G.S Section 159-148, the County intends to
refinance the 2001 Projects pursuant to Section 160A-20 by executing and delivering to the
Corporation or other financing entity the Contract providing for the refinancing of a principal
amount not to exceed $27,000,000' and
WHEREAS, the County intends to apply for municipal bond msurance to
guarantee payments by the County under the Contract; and
II. UNDERTAKINGS NECESSARY
WHEREAS, the County staff has advised the Board, and the Board hereby finds
and determines, that it is in the best interests of the County to refinance the cost of a portion of
the 2001 Projects in order to generate debt service savings at favorable interest rates and to
enable the County to perform its public functions, and that the refinancing of the 200 I Projects
will benefit the County and its residents; and
WHEREAS, a public hearing shall be held to receive public comment on the
desirability of refinancing the 200 I Projects, and the Board received evidence supporting the
need for such refinancing; and
WHEREAS, the Board finds and determines that the undertakings are necessary
and expedient for the aforesaid reasons and that a portion of the 2001 Projects be refinanced
under the terms, conditions and parameters heretofore stated and to be further determined with
more particularity at a later date; and
III. FUNDS NOT EXCESSIVE
WHEREAS, the sums to fall due under the Contract can be included III the
County's budget without difficulty; and
WHEREAS, the above factors lead to the conclusion that the payments under the
Contract are not excessive for the stated purposes of refinancing the acquisition, construction and
equipping of the 200 I Projects; and
IV TRANSACTION A PUBLIC PURPOSE
WHEREAS, the County Attorney has advised the County that the 2001 Projects
are authorized by law and are purposes for which public funds may be expended pursuant to the
Constitution and laws of North Carolina; and
V INSTALLMENT FINANCING DESIRABLE
WHEREAS, the Board finds and determines that short term or pay-as-you-go
financing would place strains on the County's ability to fund general operations without a
significant tax increase; and
WHEREAS, use of the County's unobligated fund balance to refinance the 2001
Projects would reduce the fund below the guideline established by the LGC and would not be in
the County's best interest; and
WHEREAS, the use of non-voted debt would not provide sufficient funds to
refinance the 2001 Projects in a timely manner; and
WHEREAS, although the cost of refinancing under the proposed Contract is
greater than the cost of general obligation bond financing, installment contract financing would
be preferable to general obligation bond financing because a general obligation bond
authorization probably could not be perfected in a timelv manner and would not permit the
alternative refinancing structures and repayment provisions available in the proposed negotiated
installment contract refinancing; and
WHEREAS, the proposed cost of refinancing the 2001 Projects is too great an
amount to be funded by current appropriations; and
WHEREAS, the Board finds and determines that an installment contract
refinancing is therefore the most viable and efficient alternative and that the cost of such
financing is reasonable; and
VI. COMPLIANCE WITH DEBT MANAGEMENT CONTROLS
WHEREAS, past audit reports of the County indicate that its debt management
and contract obligations payment policies have been carried out in strict compliance with the law
and the County has not been censured by the LGC, external auditors, or any other regulatory
agencies in connection with such management; and
VII. ESTIMATED TAX INCREASE
WHEREAS, the Board estimates that the County's ad valorem tax rate will not be
significantly increased in order to sustain the proposed refinancing; and
VIII. NO DEFAULT
WHEREAS, the County is not in default in meeting any of its debt service or
contract obligations; and
IX. APPLICATION
WHEREAS, it is the Board's intention to adopt this Resolution for the purpose of
authorizing the refinancing of all or a portion of the 200 I Projects, making certain findings and
determinations, approving the submission of an application for approval of the Contract to the
LGC and authorizing such other acts deemed necessary and advisable to carry out the
refinancing of the 2001 Projects.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as
follows:
Section I. The Chairman of the Board, the County Manager, the Finance Director
and the Clerk to the Board are hereby authorized and directed on behalf of the County to proceed
with the preparation of the Contract providing for the refinancing of an amount not to exceed
$27,000,000 at an annual interest rate not to exceed 5.25% and a term not to exceed 15 veal'S,
and otherwise proceed with the plan of refinancing for the 2001 Projects described at this
meeting.
Section 2. The Chairman of the Board, the County Manager the Finance Director
and the Clerk to the Board are hereby authorized and directed to submit an application for the
LGC's approval of the Contract pursuant to N C.G.S. Section 160A 20 and Section 159-148, and
to execute a sworn statement of debt of the County pursuant to N C.G.S. Section 159-150, in
corUlection with the refinancing ofthe 2001 Projects.
Section 3. The County staff is hereby authorized to applv for municipal bond
insurance with respect to the Contract.
Section 4. The financing team of LeBoeuf, Lamb, Greene & MacRae, 1.1.P., as
special counsel, Wachovia Bank, National Association, as underwriter, and Parker Poe Adams &
Bernstein 1.1.P., as underwriter's counsel, is approved.
Section 5. This Resolution shall become effective immediately upon its adoption
and shall supersede any and all previous resolutions regarding the refinancing of the 2001
Projects on an installment financing basis.
Section 6. That a public hearing (the "Public Hearing") shall be conducted by the
Board of Commissioners on June 20, 2005, concerning the Contract, the Deed of Trust, the
proposed refinancing of the 2001 Projects and any other transactions contemplated therein and
associated therewith.
Section 7. The Clerk to the Board is hereby directed to cause a notice of the
Public Hearing (in the form attached hereto as Exhibit A) to be published once in a gualified
newspaper of general circulation within the County no fewer than 10 days prior to the Public
Hearing.
This the 6th day of June, 2005
(SEAL)
~
Robert G Greer, Chairman
ATTEST
~ \.\. \.. ~t,\..\ \
Sheila 1. Schult, Clerk to the Board
2. r3 I,S I.!. ,c b? ,
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
CASE. Z-788, 01105
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOni ORDAIN
Section] The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinatler described tract
from the R 15 Residential Zoning District Classification and placing it entirely in the 0&[ Office & Institutional
District Classification, said land being described as follows:
BEGINNING at a point in the northern right of way line of Piner Road (60foot right ofwav) (fimnerlv known as
Old Mvrtle Grove Belt Roa,I)(.~.R. #1521), said iron pipe marking the Southwestern comer of the Evelvn T
Gaddv Division as recorded in Map Book 3 7 at page 353 of the New Hanover County Registrv and being lowted
along the Northern right ofwav line of Piner Road North 62 degrees 27 minutes West 946. 36feetfrom the point
of intersection of the centerline of Highgrove Place (50 foot right of way) with the Northern right of way line of
Piner running thencefrom said beginningpoint North 62 degrees 27 minutes 00 seconds West 150.17 feet to an
old concrete monument that marks the Southeastern comer (if a tract 'if land conveved to Phillip:;. Burriss in
deed book 1128 at page 1760 of said registrv, thence leaving said right of way and running with the Burriss
Eastern line North 26 degrees 25 minutes 53 seconds East 804. 36feet passing over an inline granite stone at4 01
fee/lo a granite stone, said granite slone being a common corner with said Burriss tract, the Southeastern corner
of a tract ,ifland conveyed to Oscar W Davis, Jr and Judv G. Davis as recorded in deed book 1688 at page 987
in said registrv and the Southwesterncornerciflot 14 of Section 2 of Wood Duck Forest Subdivision as recorded
in map book 34 at page 67 in said registrv running thence with the southern line of said lot 14 South 64 degrees
36 minutes 04 seconds East 150.22feet to an iron pipe at the Southeastern corner of said lot 14 and Northwestern
comer (if Lot 15 of Section 2 of Wood Duck Forest, running thence with the Western line of Lot 15 South 26
degrees 10 minutes 29 seconds West 150./8 feetto a granite stone marking the Northwestern corner of the Evelvn
T Gaddv Division, running thence with Gaddv Division s Western line South 26 degrees 29 minutes 40 seconds
West 659113 feet to the point of beginning. Containing 2.79 acres more or less and being a portion of those lands
conveved to Walter Clark Powell and wfe, Gladvs Ellis Powell bvdeed book 295 at page 226 in said registrv
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map of 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 6lh day of June 2005
2~~
Robert G. Greer Chairman
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Clerk to the Board
s IAA?, !ok 3 3'1- I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
S-529 05/05 (10 Slip Boating Facility)
In an R-20 Residcntial District
The County Commissioners for New Hanover County having held a public hearing on June 6, 2005 to
consider application number S-529 submitted by Derick Danford for a special use permit to permit a 10
slip boating facility in an R 20 Residential District located at 7431 Dunbar 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.
The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71 1(3) of the County Zoning Ordinance WILL NOT be satisfied ifthe 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 NOT satisfy the
second general requirement listed in the Ordinance; namely that the use meet all conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT
A. The use will have negative impacts on water quality prImary nursery areas, shellfish
grounds, and conservation resources.
3 It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth
general requircmcnt 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 use is not in harmony with established residential boating facilities along Pages Creek.
4 Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT H^ VE NOT been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE DENIED
Ordered this 6'h day of June 2005
Attest:
W!J~
Robert G. Greer Chairman
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Clerk to the Board
SiAP,) 2,l/. Z.
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A 180' Monopole Antenna in a R-15 Zoning District
S-530, 05/05
The County Commissioners for New Hanover County having held a public hearing on June 6, 2005 to
consider application number S-530 submitted by Blanchard et al attorneys for a speeial use permit to
locate a 180' monopole antenna in a R IS Residential District located at 4610 Carolina Beach Road
behind the Moose Lodge and having heard all of the evidence and arguments presented at the hearing,
make the following FINDINGS OF I' ACT and draw the following CONCLUSIONS.
The County Commissioners FIND AS A FACT that all of the specifie requirements set forth in
Section 72 27 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordanee 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. No water and sewer will be needed by this eommunieations facility
B. The site will have access from Carolina Beach Road (US l-lighway421 South) via a 12' wide
b'favel drive within a 20' aceess & utility easement.
C. The site is served by the Myrtle Grove YFD
D. The tower compound area (10,000 sq. ft.) will be seeured by an 8 high ehain linked fence.
E. The fenced in eompound will be set baek on three sides by a wooded area.
F The tower will be set back approximately 790' from Carolina Beach Road.
G. Additional trees (Burford Holly) will be planted in font of the compound in the buffer area.
H. The tower compound will not be loeated closer than 50' from any residential property line.
"1 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the seeond
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. The tower site is zoned R 15 Residential. Telecommunication towers are permitted by
Special Use Permit in residential zoning distriets.
B. The proposed tower will be in complianee with all FCC requirements.
C. The proposed tower will also eomply with all FAA regulations_
D. The tower will be construeted to aceommodate co-Ioeation.
E. A site plan in accordance with the requirements of the New Hanover County Zoning
Ordinance has been submitted.
F Documentation that there is no suitable existing facility within the coverage area for co-
location ha been submitted.
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. Similar type facilities exist in other residential districts in New Hanover County
B. Expansion of wireless telecommunication services can enhance emergency communication
during severe weather conditions.
C. No evidence has been presented that the this tower compound will decrease property values
or exist as a health hazard to residents who live nearby
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 1999 Land Classification Plan identifies this area as Developed.
B. No County regulated conservation or historic resources have been identified on site.
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 BEGRANTED 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.
Ordered this 6'" day of June 2005
Attest:
~l1-t6~JJ'
Robert Greer Chairman
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Clerk to the Board
Z B2. . ese. 5to
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA "8B"
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972
CASE: Z-776, 04/04
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area "8B" is hereby amended by removing the hereinafter described
tract from the R -15 Residential District Classification and placing it entirely in the I-I Light Industrial Zoning
District Classification, said land being described as follows:
BEGINNING at an iron angle located on the North edge of the Blue Clay Road and in the Twining Neislie
line, and said iron angle being 1 6 miles North of the point where the Blue Clay Road crosses the W & w.
Branch of the A.C.r. Railroad and said crossng being theftrst crossing North ofWrightsboro Station
1) Thence along the Northern edge of said Blue Clay Road South sixty-two degrees and thirty
minutes West 411 5 feet to a stake.
2) Thence North fifteen degrees and thirty minutes West 419 feet to an iron pipe in the run of
Pumpkin Kiln Branch.
3) Thence down and with the run of said branch as it meanders about North fifty-nine degrees
East about 415 feet to an old spruce pine and stone marked "N" in the runoffsaid branch.
4) Thence along the Twining-Neistlie line South fifteen degrees and thirty minutes East 442
feet to the Beginning Containing 4 acres more or less and being the same property
conveyed to Luke and Lucretia Grady by deed recorded in Book 314 at Page 14 of the New
Hanover County Registry
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map of Zoning Area "8B" 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 6th day of June 2005.
1?,L/A~
Robert G Greer, Chamnan
Attest:
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Clerk to the Board