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Agenda 2021 01-19NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson- Boseman, Chair I Deb Hays, Vice -Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board JANUARY 19, 2021 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Pastor Dan Lewis, First Presbyterian Church) PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Appointments of Commissioners to Various Boards and Committees for 2021 3. Approval of Boat Slip Purchase for NHC Sheriff's Office Marine Unit 4. Adoption of Legislative Priorities Resolution 5. Adoption of Post - Issuance Compliance Policies and Procedures for Complying with Continuing Disclosure Obligations 6. Approval of Personnel Policy Changes 7. Second Reading: Approval of Solid Waste Franchise Renewal for KJD Enterprises dba Go Eco Disposal 8. Second Reading: Approval of Solid Waste Franchise for T.A.C.L., I nc., dba Trash for Troops 9. Approval of a Letter of Support and Financial Pledge for Wilmington International Airport's DOT Small Community Air Service Development Program (SCASDP) Grant Application 10. Approval of Release of the Levy for Tax Year 2010 11. Approval of November 2020 Tax Collection Reports 12. Approval of Board of Education Budget Amendment #2 13. Adoption of Budget Amendment ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 14. Presentation of the Audit Report for the Fiscal Year Ended 6/30/2020 30 15. Tides, Inc. Program Update 5 16. Consideration of Home Delivered Meals Expansion 10 17. Consideration of the Board of Commissioners Providing for the Issuance of Not to Exceed $31,000,000 General Obligation Refunding Bonds, Series 2021A, and Board of Commissioners - January 19, 2021 10 10 40 40 40 40 40 40 ESTI MATED 18 19 20 21 22 23 24 25 26 27 $33,000,000 Taxable General Obligation Refunding Bonds, Series 2021B Public Hearing for Economic Development Appropriation Public Hearing and Approval of Development Agreement for the Redevelopment of the Government Center Public Hearing on Proposed $91,000,000 Financing of Improvement Projects and Adoption of Approving Resolution Public Hearing Rezoning Request (Z20 -16) - Request by Hodges, Coxe, & Potter, LLP on Behalf of Property Owners, Stephen Clossick and W BP, LLC, to Rezone Approximately 2.3 Acres of Land Located at 7775 Market Street from (CUD) 0&1, Conditional Use Office and Institutional District, to (CZD) B -2, Conditional Regional Business District, in Order to Develop a Boat Dealer and Vehicle Sales Business Public Hearing Rezoning Request (Z20 -20) - Request by Design Solutions on Behalf of the Property Owners, Edna F. Dupree Heirs (Karen Coley) and Edward Foyles Heirs (Lewis Hines), to Rezone Approximately 2.22 Acres of Land Located at 7036 and 7038 Market Street, from R -15, Residential District, to (CZD) CB, Conditional Community Business District, in Order to Develop a General Retail Sales and Personal Service Establishment Public Hearing Rezoning Request (Z20 -22) — Request by Coastal Land Design, PLLC on Behalf of Property Owner, Preservation Point Partners, LLC to Rezone Approximately 71.36 Acres of Land Located in the 1500 Block of Castle Hayne Road from 1 -2, Heavy Industrial District, to R -15, Residential District Public Hearing Rezoning Request (Z20 -21) — Request by Design Solutions on Behalf of Property Owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, to Rezone Approximately 3.28 Acres of Land Located at 813 and 817 Piner Road from (CUD) 0&1, Conditional Use Office and Institutional District, to (CZD) CB, Conditional Community Business District, in Order to Develop a Landscape Contractor's Office Quasi - Judicial Hearing Special Use Permit Request (S20 -04) — Request by Design Solutions on Behalf of Property Owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permitfor a Live /Work Unit Within the (CZD) CB, Conditional Community Business District, Associated with Rezoning Request Z20 -21, Located at 813 and 817 Piner Road Quasi - Judicial Hearing Special Use Permit Request (S20 -05) — Request by Design Solutions, on Behalf of the Property Owner, CW EST, LLC, for a Special Use Permit to Expand and Operate a Campground and Recreational Vehicle (RV) Park within the R -15, Residential District, Located at 9515 River Road Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes Board of Commissioners - January 19, 2021 MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 28. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 29. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - January 19, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY. Approve minutes from the following meetings: Agenda Review held on December 3, 2020 Regular Meeting held on December 7, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Governing Body PRESENTER(S): Chair Olson - Boseman CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Appointments of Commissioners to Various Boards and Committees for 2021 BRIEF SUMMARY. Attached is a listing of the Commissioners who currently serve or served on various boards and committees in 2020 for review and consideration for 2021. RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments for 2021. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 2 NEW HANOVER COUNTY COMMISSIONER APPOINTMENTS TO BOARDS AND COMMITTEES Board /Committee (Designated for Commissioner Representative) 2020 2021 Airlie Gardens Foundation Board of Directors Commissioner Zapple Commissioner Zapple Cape Fear Community College Board of Trustees Vice -Chair Kusek Patricia Kusek until June 30, 2021; Commissioner Rivenbark July 1, 2021 Cape Fear Community College Long -Range Planning Committee (designated for Commissioner) Vice -Chair Kusek Patricia Kusek until June 30, 2021; Commissioner Rivenbark July 1, 2021 Cape Fear Council of Governments Exec. Committee Chair Olson - Boseman Chair Olson - Boseman Cape Fear Museum Advisory Board Commissioner White Commissioner Rivenbark Cape Fear Public Transportation Authority /WAVE Transit (WAVE representative on the MPO /TAC) Commissioner White Vice -Chair Hays Cape Fear Public Utility Authority Commissioner Zapple Commissioner Zapple Cape Fear Public Utility Authority Commissioner Barfield Commissioner Barfield Legion Stadium Commission Commissioner Zapple Commissioner Zapple Legion Stadium Commission Commissioner Barfield Commissioner Barfield Local Emergency Planning Committee Commissioner Barfield Commissioner Barfield Lower Cape Fear River Program Advisory Board Vice -Chair Kusek Commissioner Zapple Lower Cape Fear Water & Sewer Authority Vice -Chair Kusek Commissioner Zapple New Hanover County ABC Board Vice -Chair Kusek Commissioner Rivenbark New Hanover County Airport Authority Chair Olson - Boseman Chair Olson - Boseman New Hanover County Health & Human Services Bd. Vice -Chair Kusek Commissioner Rivenbark New Hanover County Financing Corporation, Inc. Chair Olson - Boseman Chair Olson - Boseman New Hanover County Tourism Development Authority Vice -Chair Kusek Vice -Chair Hays New Hanover Regional Medical Center Board of Trustees Chair Olson - Boseman Chair Olson - Boseman NC -506 Continuum of Care Advisory Board (formerly Ten Year Plan to End Homelessness) Commissioner /County Manager Designee Commissioner /County Manager Designee Parks Conservancy Board of Directors Commissioner Barfield Commissioner Barfield Smart Start of New Hanover County Commissioner Zapple Commissioner Zapple Southeastern Economic Development Commission Commissioner White Vice -Chair Hays Southeastern Partnership Inc. /Economic Development Commissioner White Vice -Chair Hays Trillium Health Resources — Southern Regional Advisory Board Commissioner Zapple Commissioner Zapple Wilmington Business Development Vice -Chair Kusek Commissioner Rivenbark Wilmington Chamber of Commerce Chair Olson - Boseman Vice -Chair Hays Wilmington Downtown Inc. Commissioner Zapple Commissioner Zapple Wilmington /New Hanover Port, Waterway & Beach Comm. Commissioner White Commissioner Zapple Wilmington Regional Film Commission Chair Olson- Boseman Chair Olson- Boseman Wilmington Urban Area Metropolitan Planning Organization —Transportation Advisory Committee Commissioner Zapple Commissioner Barfield Board of Commissioners - January 19, 2021 ITEM: 2 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Sheriff PRESENTER(S): CONTACT(S): Chief Deputy Kenneth Sarvis SUBJECT: Chief Deputy Kenneth Sarvis, N HC Sheriff's Office Approval of Boat Slip Purchase for NHC Sheriff's Office Marine Unit BRIEF SUMMARY: The 2020 Port Security Grant Program approved funding to be used to purchase a minimum 30' boat slip for the New Hanover County Sheriff's Marine Unit to enhance the unit's maritime response to emergencies and tactical operations. The following two (2) bids were received and opened via a Microsoft Teams meeting at 3:00 p.m. on Wednesday, December 16, 2020: 1. Angelique Nichols boat slip at Inlet Watch Yacht Club (Slip# 105) $75,000 2. Anchors Bend Marina Group (Slip #19) $162,645 We request that the bid from Anchors Bend Marina Group be accepted for the following reasons: 1. Only floating lifts are allowed in the Inlet Watch Yacht Club. A lift to lift the vessel all of the way out of the water is needed. 2. A CAMA permit would need to be obtained in order to allow a boat lift to be installed at Inlet Watch Yacht Club. Anchors Bend Marina has the boat lift already installed. 3. Anchors Bend Marina is considerably closer to the Sheriff's Office than Inlet Watch Marina and would allow for a quicker response to emergencies and tactical operations on the coast to include the Port of Wilmington and U.S. Army's Military Ocean Terminal Sunny Point (MOTSU). The requested boat slip could reduce current response times to maritime emergencies by half of the current response times. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve purchase. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approve purchase. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 3 NEW HANOVER COUNTY BID TABULATION - PURCHASE OF BOAT SLIP FOR SHERIFF'S OFFICE DECEMBER 16, 2020, 3:00 P.M. BIDDER NAME COST Angelique Nichols $75,000.00 Anchors Bend Marina Group $162,645.00 Bids opened by Tamara Matthews, Purchasing Agent via TEAMS Meeting Board of Commissioners - January 19, 2021 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: County Manager PRESENTER(S): Tim Buckland, Intergovernmental Affairs Coordinator CONTACT(S): Tim Buckland SUBJECT: Adoption of Legislative Priorities Resolution BRIEF SUMMARY. The attached resolution details legislative priorities the board has identified to advocate for in the 2021 and 2022 sessions of the N.C. General Assembly and U.S. Congress. None of the proposed priorities is in conflict with those identified by the N.C. Association of County Commissioners or the National Association of Counties. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS LEGISLATIVE PRIORITIES RESOLUTION WHEREAS, several legislative priorities have been identified by the Board that are important to the citizens of New Hanover County; and WHEREAS, the Board will advance these legislative priorities through dialogue and, as appropriate, at the annual legislative conferences of the N.C. Association of County Commissioners ( NCACC) and National Association of Counties (NACo); and WHEREAS, none of the legislative priorities are in conflict with NCACC or NACo priorities; and WHEREAS, the Board supports direct federal aid to states, counties, and local governments to offset operational expenses and revenue losses caused by the COVID -19 pandemic. Direct, unencumbered aid with as few restrictions as possible would allow local and state governments to avoid job losses or other reductions of service; and WHEREAS, the Board supports the state identifying a recurring source of funding of at least $25 million annually for the beach nourishment fund created by the N.C. General Assembly in 2018 to support ongoing coastal storm damage reduction (CSDR) projects. New Hanover County and other coastal communities can best plan and prioritize local budget needs with dedicated, annual allocations of state support that can be used for planning, current projects, or future projects. The Board further finds that protecting coastal infrastructure provides a benefit to the entire state of North Carolina, as public or private interests from nearly every North Carolina county own coastal property. The Board further supports continued federal and state funding of pending Congressional approvals for CSDR projects for Wrightsville Beach, Carolina Beach, and Kure Beach, including the upcoming projects for all three beaches scheduled for 2022; and WHEREAS, the Board supports the state and federal governments establishing formal standards for perfluorinated chemicals that includes perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and other per- and polyfluoroalkyl substances (PFASs) and establishing and enforcing health advisory standards for emerging contaminants to ensure drinking water quality; and WHEREAS, the Board supports administrative and legislative changes to federal agencies and regulations, including but not limited to, the Federal Emergency Management Agency (FEMA) and the U.S. Housing and Urban Development Administration (HUD), that would accelerate the flow of aid to local governments to respond to natural disasters and other emergencies. The Board finds that timely disbursement of federal aid would accelerate the recovery process, provide more rapid stabilization, and bolster future resiliency; and WHEREAS, the Board supports the state returning its film program to the robust, incentive -based guidelines that were in place before its conversion to a grant program. While the Board supports the enhancement of the grant program to receive recurring funding, the incentive -based guidelines allowed for greater reliability and a competitive advantage when trying to attract film projects that move rapidly and consider numerous locations for productions; and Board of Commissioners - January 19, 2021 ITEM: 4 - 1 - 1 WHEREAS, the Board supports a statewide school capital commitment of no less than $2 billion at the earliest possible time in accordance with state statutes. New Hanover County and its school system has identified more than $400 million of school construction needs over the next 10 years. The New Hanover County taxpayers are best served if the state authorizes a statewide school capital commitment with a fair share allocated to New Hanover County schools to aid in its real and pronounced school construction needs; and WHEREAS, the Board supports the state returning to the original education lottery formula that set aside 40 percent for capital needs. The state currently caps the amount of lottery funds that go toward the Public School Building Capital Fund at $100 million annually. Returning to the originally conceived formula would net nearly $300 million for critical school infrastructure needs; and WHEREAS, the Board supports a federally- supported expansion of Medicaid to insure those not eligible for subsidies through the federal healthcare exchange. As many as 14,500 uninsured New Hanover County residents could receive health coverage through Medicaid expansion. The Board finds that Medicaid expansion would lead to fair, equitable, and cost effective healthcare services for those whose employers do not provide health insurance; and WHEREAS, the Board supports the state reinstating its financial support for drug treatment courts. The County has operated a drug treatment court successfully since the state withdrew funding support for treatment courts in 2011 by stepping in and fully funding, at an expense of more than $1.4 million since 2011, and staffing a drug treatment and DWI court for county residents. Treatment courts are considered an extension of the judicial system and the state has the primary duty to fund the court system and its associated services; and WHEREAS, the Board supports fair and equitable funding through the N.C. Department of Transportation ( NCDOT) for infrastructure to support the County's transportation needs as it continues to rapidly grow. The Board finds that appropriate NCDOT support will help provide the necessary infrastructure to accommodate an increasing population and address the Board's priorities to encourage an increased stock of affordable and workforce housing. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners considers these, among others, as important priorities for representatives at the state and federal level to address in 2021 and 2022. ADOPTED, this the 191h day of January, 2021. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 19, 2021 ITEM: 4 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Adoption of Post - Issuance Compliance Policies and Procedures for Complying with Continuing Disclosure Obligations BRIEF SUMMARY: As a part of issuing public bonds, the county has an obligation to disclose certain information to bond holders through the Municipal Securities Rulemaking Board after the issuance of debt. Each financing agreement has associated continuing disclosures required. The county is in compliance with its post- issuance compliance duties, but is requesting a formal policy be adopted to solidify its policies and procedures around this issue. The policy includes what must be disclosed and the timeframe in which it must be disclosed. Examples of such disclosures include, but are not limited to, providing a copy of the county's annual audited financial statements within seven (7) months of the fiscal year end, providing a notice of debt defeasance within 10 days from the defeasance, or providing a notice of a rating change 10 days after the rating change. The policy also requires a review of the policy including exhibits at least annually or when new debt is issued. It is best practice to document policies and procedures in writing and as such, staff is requesting the adoption of this policy. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of Post - Issuance Compliance Policies and Procedures for Complying with Continuing Disclosure Obligations. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 5 County of New Hanover, North Carolina Post - Issuance Compliance Policies and Procedures for Complying with Continuing Disclosure Obligations (Rule 15c2 -12) Adopted January 19, 2021 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 1 Part I. Purpose. In connection with the issuance of securities in the public markets, the County of New Hanover, North Carolina (the "County') has entered into agreements obligating the County to provide continuing disclosure on certain information related to the County. The County has entered into the continuing disclosure obligations to allow the underwriter(s) of the securities offered to comply with Rule 15c2 -12 (the "Rule ") promulgated by the Securities and Exchange Commission (the "SEC'). Given the increasing complexity of the Rule and scrutiny with respect to compliance with the Rule that underwriters of future issuance of securities by or on behalf of the County will undertake and the County's desire to ensure adherence with the County's continuing disclosure obligations, the County hereby adopts the following policies and procedures (the `Policies and Procedures'). These Policies and Procedures are intended to serve as a guide for the County to facilitate compliance with its continuing disclosure obligations in accordance with the Rule. Part II. Responsibility of County Officials. Except as otherwise described herein, the County's Finance Department (the `Department') has primary responsibility for ensuring that the County complies with its outstanding continuing disclosure obligations. The Department will consult with other departments within the County, as well as third -party professionals (e.g., the County's bond counsel and financial advisor), as necessary, to ensure compliance with these Policies and Procedures. The Chief Financial Officer will review these Policies and Procedures no less frequently than on the issuance of any securities for which the County agrees to additional continuing disclosure obligations to ensure that the terms and conditions of these Policies and Procedures are up to date and that the County remains in compliance. Part III. Securities Subject to Continuing Disclosure Obligations. The County has entered into continuing disclosure obligations for the securities listed on Exhibit A hereto. The County will update Exhibit A each time that securities are issued for which the County agrees to continuing disclosure and each time that securities are no longer outstanding and subject to continuing disclosure in accordance with the Rule. The County has issued various hospital revenue bonds on behalf of New Hanover Regional Medical Center (the "Hospital'). However, the County has no continuing disclosure obligation with respect to such bonds because the Hospital has undertaken to provide such continuing disclosure. Part IV. Continuing Disclosure Obligations. (A) As part of its continuing disclosure obligations, the County has agreed to provide the following information related to each of the securities listed on Exhibit A to the Municipal Securities Rulemaking Board (the "MSRB "). PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 2 Page 1 (1) by not later than seven months after the end of each Fiscal Year, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions in the Official Statement related to each of the securities subject to and specified in each agreement to undertake continuing disclosure, as set forth in Exhibit B; (3) in a timely manner not in excess of 10 business days after the occurrence of the event, notice of any of the following events with respect to the securities subject to continuing disclosure listed in Exhibit A: PPAB 5973061 v4 (a) principal and interest payment delinquencies; (b) non - payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (fl adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the securities, or other material events affecting the tax status of the securities; (g) modification of the rights of the security holders, if material; (h) call of any of the securities, other than mandatory sinking fund redemptions, if material, and tender offers; (i) defeasance of any of the securities; (j) release, substitution or sale of any property securing repayment of the securities, if material; Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 3 Page 2 (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the County; (m) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; (n) appointment of a successor or additional trustee or the change of name of a trustee, if material; (o) incurrence of a Financial Obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the County, any of which affect security holders, if material; and (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the Financial Obligation of the County, any of which reflect financial difficulties. The term "Financial Obligation" as used in items (o) and (p) above means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term Financial Obligation does not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule (obligations subject to subsections (o) and (p) above are listed in Exhibit C attached hereto). (4) in a timely manner, notice of a failure of the County to provide required annual financial information described in (1) or (2) above on or before the date specified. (B) All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB (pdf, word - searchable) and accompanied by identifying information as prescribed by the MSRB. (C) Financial Obligations will be identified by the Department, in consultation with bond counsel and the financial advisor, prior to being entered into by the County. A Financial Obligation will be considered "material" for purposes of the Rule if it exceeds $1,000,000. The Department will post the entire relevant documents related to the Financial Obligation (with acceptable redactions identified by the counterparty to the documents) in accordance with the Rule. Exhibit C includes a list of "Financial Obligations" as identified in accordance with the materiality standard identified by the County. Such list should be reviewed and updated in accordance with Part VI below, as needed. PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 4 Page 3 Part V. Continuing Disclosure Obligations Control. Notwithstanding anything in these Policies and Procedures, the terms of each continuing disclosure obligation made at the time the County issued or executed and delivered the related debt obligation controls the continuing disclosure requirements of each debt obligation. The Department will maintain records of each continuing disclosure agreement. Part VI. Recordkeel2ing and Review of PolicX. The County will maintain all records related to its compliance with its continuing disclosure obligations in such form and for such time period in accordance with the County's recordkeeping policies. In addition, the County will review this policy in January of each calendar year in connection with the County's continuing disclosure filing of audited and annual financial data, including a review of the Exhibits to ensure they are complete, and update as necessary. Additionally, the Chief Financial Officer will review these Policies and Procedures as provided in Part II above. Part VII. Continuing Education. The County will continue to consult regularly with its bond counsel and financial advisor regarding its continuing disclosure obligations and any changes to the Rule. The County will regularly update these Policies and Procedures to reflect any changes. PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 5 Page 4 EXHIBIT A Securities Subject to Continuing Disclosure Obligation I. General Obligation Bonds General Obligation School Bonds, Series 2006 Variable Rate General Obligation School Bonds, Series 2006 General Obligation Refunding Bonds, Series 2009A General Obligation Public Improvement Bonds, Series 2010A General Obligation Public Improvement Bonds (Taxable), Series 2010B [to delete at issuance of 2021 GO Bonds] General Obligation Community College Bonds, Series 2013A General Obligation Bonds, Series 2015 General Obligation Refunding Bonds, Series 2016 General Obligation School Bonds, Series 2017 General Obligation School Bonds, Series 2018 General Obligation School Bonds, Series 2020 General Obligation Refunding Bonds, Series 2021A [to include after issuance] Taxable General Obligation Refunding Bonds, Series 2021B [to include after issuance] II. Limited Obligation Bonds Refunding Limited Obligation Bonds, Series 2010 Refunding Limited Obligation Bonds, Series 2012 Limited Obligation Bonds, Series 2014A1 1 Although these bonds include airport projects on behalf of the New Hanover County Airport Authority, the County maintains the continuing disclosure obligation with respect to these bonds, not the Airport Authority. PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 6 Taxable Limited Obligation Bonds, Series 2014B Limited Obligation Bonds, Series 2020Al2 Limited Obligation Bonds, Series 2021 [to include after issuance] 2 Effective February 6, 2020, material events (o) and (p) incorporated in County's continuing disclosure obligation. PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 7 EXHIBIT B Annual Information to be Updated from Official Statements Securfty Information The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement (excluding information on overlapping and underlying units), to General Obligation the extent such items are not included in the County's audited School Bonds, financial statements: Series 2006 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in Appendix A to the Official General Obligation Statement (excluding information on overlapping and underlying Refunding Bonds, units), to the extent such items are not included in the County's Series 2009A audited financial statements: 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 8 The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement Variable Rate (excluding information on overlapping and underlying units), to General Obligation the extent such items are not included in the County's audited School Bonds, financial statements: Series 2006 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in Appendix A to the Official General Obligation Statement (excluding information on overlapping and underlying Refunding Bonds, units), to the extent such items are not included in the County's Series 2009A audited financial statements: 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 8 The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement (including subheadings thereunder but excluding information on Refunding Limited overlapping and underlying units), to the extent such items are not Obligation Bonds, included in the County's audited financial statements: Series 2010 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year Refunding Limited The financial and statistical data as of a date not earlier than the Obligation Bonds, end of the preceding Fiscal Year for the type of information Series 2012 included under the below captions in the Official Statement General Obligation (excluding information on overlapping and underlying units), to Public Improvement the extent such items are not included in the County's audited Bonds, financial statements: Series 2010A 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement General Obligation (excluding information on overlapping and underlying units), to Public Improvement the extent such items are not included in the County's audited Bonds (Taxable), financial statements: Series 2010B [to delete after issuance 1) "THE COUNTY — Debt Information" of 2021 GO Bonds] 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement (including subheadings thereunder but excluding information on Refunding Limited overlapping and underlying units), to the extent such items are not Obligation Bonds, included in the County's audited financial statements: Series 2010 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year Refunding Limited The financial and statistical data as of a date not earlier than the Obligation Bonds, end of the preceding Fiscal Year for the type of information Series 2012 included under the below captions in the Official Statement PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 9 (including subheadings thereunder but excluding information on overlapping and underlying units), to the extent such items are not included in the County's audited financial statements: 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year The financial and statistical data as of a date not earlier than the General Obligation end of the preceding Fiscal Year for the type of information Community College included in the Official Statement (excluding information on Bonds, overlapping and underlying units): Series 2013A 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement (including subheadings thereunder but excluding information on Limited Obligation overlapping and underlying units), to the extent such items are not Bonds, included in the County's audited financial statements: Series 2014A 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the below captions in the Official Statement (including subheadings thereunder but excluding information on Taxable Limited overlapping and underlying units), to the extent such items are not Obligation Bonds, included in the County's audited financial statements: Series 2014B 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" 3) The combined budget of the County for the current Fiscal Year PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 10 The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information General Obligation included in the Official Statement (excluding information on Bonds, overlapping and underlying units): Series 2015 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information General Obligation included in the Official Statement (excluding information on Refunding Bonds, overlapping and underlying units): Series 2016 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information General Obligation included in the Official Statement (excluding information on School Bonds, overlapping and underlying units): Series 2017 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information General Obligation included in the Official Statement (excluding information on School Bonds, overlapping and underlying units): Series 2018 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the General Obligation end of the preceding Fiscal Year for the type of information School Bonds, included in the Official Statement (excluding information on Series 2020 overlapping and underlying units and the subsection entitled "Debt Outlook "): 1) "THE COUNTY — Debt Information" PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 11 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information Limited Obligation included under the below captions in Appendix A to the Official Bonds, Statement (excluding information on overlapping and underlying Series 2020A units): 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 12 The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information Limited Obligation included under the below captions in the Official Statement Bonds, (including subheadings thereunder but excluding information on Series 2021 overlapping and underlying units), to the extent such items are not [to include after included in the County's audited financial statements: issuance] 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information General Obligation included in the Official Statement (excluding information on Refunding Bonds, overlapping and underlying units and the subsection entitled Series 2021A "Debt Outlook "), to the extent such items are not included in the [to include after audited financial statements: issuance] 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" The financial and statistical data as of a date not earlier than the Taxable General end of the preceding Fiscal Year for the type of information Obligation Refunding included in the Official Statement (excluding information on Bonds, overlapping and underlying units and the subsection entitled Series 2021B "Debt Outlook "), to the extent such items are not included in the [to include after audited financial statements: issuance] 1) "THE COUNTY — Debt Information" 2) "THE COUNTY — Tax Information" PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 12 EXHIBIT C Financial Obligations for which Material Events (0) and () Apply Effective: 02/06/2020 Financial Obligations Subject to (0) Issue Date Description Maturity Date $37,210,000 02/06/2020 Limited Obligation Bonds, 02/01/2040 Series 2020A $3,355,000 02/11/2020 General Obligation School Bonds, 02/01/2040 Series 2020 02/25/2021 General Obligation Refunding Bonds, 08/01/20 Series 2021A 02/25/2021 Taxable General Obligation Refunding Bonds, 06/01/20_ Series 2021A 03/04/2021 Limited Obligation Bonds, 08/01/20_ Series 2021 Financial Obligations Subject to (P) Issue Date Description Maturity Date 12/14/2010 $4,925,744 12/14/2025 Qualified School Construction Bonds PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 13 05/17/2012 $31,335,000 06/01/2034 General Obligation Refunding Bonds, Series 2013B 06/11/2015 $5,725,759 05/2035 State of NC — NCDEQ State Loan 10/13/2016 $8,075,686 05/2036 State of NC — NCDEQ State Loan $9,073,400.05 02/09/2018 Financing Agreement with BB &T related to 08/2033 Ogden Fire Station and Pine Valley Library [to delete at issuance of 2021 LOBS] 06/01/2018 $1,420,080 12/2023 Fire Equipment Lease 05/24/2019 $3,765,474 11/2024 Fire Pumper and Equipment Lease PPAB 5973061 v4 Board of Commissioners - January 19, 2021 ITEM: 5 - 1 - 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Human Resources PRESENTER(S): Mark Francolini, Chief Human Resources Officer CONTACT(S): Mark Francolini SUBJECT: Approval of Personnel Policy Changes BRIEF SUMMARY: The attached personnel policy changes are being submitted for your consideration and approval. The most substantive change and driver of this request is in response to the smoking /vaping rule, which is effective February 1, 2021, and was approved by the Board on November 16, 2020. The personnel policy has been updated to prohibit smoking /vaping and e- cigarettes on any county -owned or leased property. In addition to the smoking /vaping policy, there is one minor change to the sick leave bank policy, which is already in effect. It is a text modification that was erroneously missed when changes were submitted on November 16, 2020. Following is a summary of the changes: Article 6 — Conditions of Employment Section 6.13.1 and 6.13.2 — Smoking / Vaping, Tobacco -free and E- cigarettes Policies: This policy update ensures compliance to the smoking /vaping rule, effective February 1, 2021, that was approved on November 16, 2020. This revision prohibits smoking /vaping and the use of tobacco products and e- cigarettes by employees on any county -owned or leased property. Article 7 — Leave • Sections 7.4 and 7.4.1 — Sick Leave Bank — Policy: Text modifications thatDny accrued leave (excluding sick leave) may be donated to the bank by participants and that all accrued leave must be exhausted in order to receive leave from the sick leave bank. These changes align with the administration of the current policy. Table of Contents • Modified, due to the above - referenced changes. We are requesting approval of these changes for an effective date of February 1, 2021, in order to align with the effective date of the smoking and vaping rule. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve changes effective February 1, 2021. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - January 19, 2021 ITEM: 6 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 6 NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES Policy Changes, per Article /Section (Policy change effective date: 2/1/21) ARTICLE 6: CONDITIONS OF EMPLOYMENT 6.13 Tobacco -free Property - Purpose and Applicability This policy has been established to protect and promote the health and well -being of employees and visitors. Tobacco use has been linked to preventable, pre- mature deaths in the United States. The regulation and control of smoking or using tobacco products in buildings and vehicles owned or leased by New Hanover County is a matter of vital concern, affecting the public health, safety, and welfare of all persons employed by or transacting business with New Hanover County. This policy covers all employees and other persons in County buildings or vehicles. 6.13.1 Smoking /Vaping, Tobacco -Free and E- cigarette Policy In accordance with New Hanover Code, Chapter 32, Health and Sanitation, Article 3, smoking/vaping and the use of tobacco products shall be unlawful in any county -owned or leased buildings or vehicles; or on the grounds of county -owned or leased property, unless there is an allowance.; iRelu °g ,Tifty(58) feet ef a publie etraRee u � c c--e fr.,.v, +h.. Re s .,ivmrT I' � ted h the � ty M Where a . AS such, smoking /vaping and the use of tobacco products and e- cigarettes are prohibited in county -owned or leased buildings or vehicles and on the grounds of county -owned or leased property. The- use of e cigarettes Is also prehi-bited under thus policy where smoking and the use ef tebac,-^ r,r,,ducts -,r„ prehibite d E- cigarettes means any electronic oral device, such as one composed of a heating elements, battery, and /or electronic circuit, which provides a vapor or nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar, a -pipe, or under any other product name or descriptor. 6.13.2 Smoking /Vaping, Tobacco -Free and E- cigarette Enforcement The provisions of this policy shall be enforced by management personnel. Any reports of questionable practices or violations shall be taken seriously and referred to the County Safety Officer for resolution. Retaliatory actions against a complainant will not be condoned by New Hanover County, and should be reported to the Chief Human Resources Officer. Board of Commissioners - January 19, 2021 ITEM: 6 - 1 - 1 ARTICLE 7: LEAVE POLICIES NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES 7.4 Sick Leave Bank - Purpose and Applicability The purpose of this policy is to provide needed additional sick leave to employees due to a personal catastrophic illness or the catastrophic illness of an immediate family member. This policy covers all regular (benefits - eligible) employees who have successfully completed the introductory period, who meet all of the eligibility criteria as described below, and who participate in the sick leave bank program by contributing the required peFsen4accrued leave (excluding sick leave ) to the bank. Participation in the sick leave bank program is voluntary. "Immediate family member" includes the employee's father, mother, wife, husband, son, daughter, brother, sister, grandfather, grandmother, mother -in -law, father -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandson, granddaughter, half- sister, half- brother, stepmother, stepfather, stepson, stepdaughter, stepsister, or stepbrother. 7.4.1 Sick Leave Bank - Policy This policy establishes a bank of available sick leave hours, voluntarily contributed to, or "deposited" by, employees on an annual basis. Eligible employees may request sick leave from this sick leave bank in certain catastrophic situations. A catastrophic situation exists when a serious health condition of the employee or a member of the employee's immediate family requires the care of a physician for a prolonged period of time and forces the employee to exhaust all accrued leave. To be eligible, employees must have deposited leave to the bank during the enrollment period of the same plan year as when they request to withdraw leave; they must have exhausted all accrued peFsenal and sick leave; and they must have an approved catastrophic situation which prevents them from returning to work. Paid leave will not accrue during any full pay period an employee withdraws leave from the sick leave bank. This policy does not apply to job - related illnesses or injuries. Board of Commissioners - January 19, 2021 ITEM: 6 - 1 - 2 <ihl NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES ARTICLE 6: CONDITIONS OF EMPLOYMENT Table of Contents 6.13.1 Smoking /Vapiny, Tobacco Free and E- cigarette Policy 6.13.2 Smoking /VapinP, Tobacco Free and E- cigarette Enforcement Established: May 1977 New Hanover County Personnel Policies — Table of Contents Page 1 Last Revised: November 16 20MFebruary 1. 2021 Board of Commissioners - January 19, 2021 ITEM: 6 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau Joe Suleyman SUBJECT: Second Reading: Approval of Solid Waste Franchise Renewal for KJD Enterprises dba Go Eco Disposal BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The renewal franchise period would run for seven years. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. The first reading was unanimously approved December 7, 2020. U pon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 7 Franchise Agreement Renewal KJD Enterprises, dba Go Eco Disposal 142 Spring Creek Ln, Wilmington, NC 28411 910 -399 -4400 service @goecodisposal.com Residential trash and recycling services Owners: Kevin Hinsdale, 1465 Eastbourne Dr, Wilmington, NC 28411 Phone: 910 -616 -5697 David Hinsdale, 142 Spring Creek Ln, Wilmington, NC 28411 Phone: 910 -685 -6955 Business Mailing address: PO Box 10602, Wilmington, NC 28404 Office phone: 910- 399 -4400 Business established in Sept 2009. Equipment: Residential trash and recycling bins: > 3000 Trucks: Garbage: 2010 Peterbilt 2002 Peterbilt 1998 Crane Carrier Bulk: 2004 Ford F450 stake body 2006 Ford F250 3 employees,: one clerical, 2 drivers. Both owners also drive. Board of Commissioners - January 19, 2021 ITEM: 7 - 1 - 1 New Hanover County Contract # 21 -0247 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2021, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and KJD ENTERPRISES INC., dba GO ECO DISPOSAL, with its principal mailing address 142 Spring Creek Lane, Wilmington, NC 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A -136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and /or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and /or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A -46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and /or residential customers with solid waste collection and transportation to County- approved disposal sites. 3. Disposal at County - Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County- approved facilities consistent with State law. With regard to County- approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Administration /Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - January 19, 2021 ITEM: 7 - 2 - 1 New Hanover County Contract # 21 -0247 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 10. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 11. Termination. The franchisee may terminate this franchise upon three hundred sixty -five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 12. Non - Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon Board of Commissioners - January 19, 2021 ITEM: 7 - 2 - 2 New Hanover County Contract # 21 -0247 a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 14. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 15. E- Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. STATE OF COUNTY KJD Enterprises Inc. dba Go Eco Disposal (SEAL) President I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of KJD ENTERPRISES INC., dba GO ECO DISPOSAL, a North Carolina corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of , 2021. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - January 19, 2021 ITEM: 7 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SUBJECT: Second Reading: Approval of Solid Waste Franchise for T.A.C.L., Inc., dba Trash for Troops BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The renewal franchise period would run for seven years. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. The first reading was unanimously approved December 7, 2020. U pon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 8 AK ................. I U I 0 NONE- *4L MISSION STATEMENT OUR MISSION IS TO PROVIDE OUR CUSTOMERS WITH THE HIGHEST LEVEL OF WASTE AND RECYCLING COLLECTION SERVICE IN SOUTHEAST NORTH CAROLINA. OUR VISION, AS VETERANS, IS TO UTILIZE WHAT THE U.S. MILITARY HAS INSTILLED IN US WHICH IS DEDICATION TO DUTY. NO GARBAGE BAG LEFT BEHIND Board of Commissioners - January 19, 2021 T.A.C.L. inc. (DBA: Trash For Troops) Corporate Information T.A.C.L. inc. is a C- Corporation based in Wilmington North Carolina. We will do business as: Our EIN Number is: The Office address of T.A.C.L. is The Billing address of T.A.C.L is The Address where Trucks reside Share holders information "TRASH FOR TROOPS" 85- 2040671 108 Vella Ln. Wilmington NC 28411 PO Box 10032 Wilmington NC 28404 7568 Plantation Rd. Wilmington NC 28411 Title Name % OWNED C.E.O. Marie Fetkowitz 51% President Timothy Fetkowitz 14% C.F.O. Marietta Anderson 15% C.0.0. Clinton "Matt" Halbert 20% Board of Commissioners - January 19, 2021 Equipment Possessed Currently 1: 1 - 2005 Freightliner M2 106 rearload trash truck with a 25yd. McNeilus Compactor. 2: 200 - 96 Gallon Toter Garbage cans 3: 1- 2013 Toyota Tundra (Delivery vehicle for toter bins) Additional Estimated Assets / Employees for 1st 24 Months MONTH 1 2 3 4 5 6 7 8 9 10 11 12 CANS 100 150 150 150 200 200 300 350 350 300 300 400 TOTAL CANS 100 250 400 550 750 950 1250 1600 1950 2250 2550 2950 TRUCKS 1 1 1 1 1 1 1 1 1 1 1 1 DRIVER 1 1 1 1 1 1 1 1 1 1 1 1 HELPER 1 1 1 1 1 1 1 1 1 1 1 1 MONTH 13 14 15 16 17 18 19 20 21 22 23 24 CANS 400 500 400 350 400 350 400 300 300 400 500 400 TOTAL CANS 3350 3850 4250 4600 5000 5350 5750 6050 6350 6750 7250 7650 TRUCKS 2 2 2 2 2 3 3 3 3 3 3 3 DRIVER 2 2 2 2 2 3 3 3 3 3 3 3 HELPER 2 2 2 2 2 2 3 3 3 3 3 3 Board of Commissioners - January 19, 2021 Work Experience of Applicant Clinton "Matt" Halbert 3 years in Supply in US Navy 5 years with Pink Trash (Driver 2 years, Lead Driver /Supervisor for 3 years) 1.5 Years with GFL (Consolidated when GFL bought Pink Trash) Prior to Waste Collection 9.5 years with Pepsi as a route driver /sales Class A CDL Timothy Fetkowitz: 5 years Logistics in USMC 2 Years with Pink Trash working in office (Sales and Route Planning /Asset Management) 6 Years of ownership of 23 Fed Ex Ground Routes Marie Fetkowitz: 6 Years of ownership of 23 Fed Ex Ground Routes 8 Years as a US Foods sales representative in ILM 3 Years as a Territory Manager for Kraft Foods Marietta Anderson: 3 Years as Comptroller of Nissan of Elizabeth City Board of Commissioners - January 19, 2021 Named Insured Name: TACL Inc PW Named Insured Talk Trash Wilmington LLC- equipment holder Trash for Troops- dba Location Schedule Loc # Bldg # Address City State Zip 00001 00001 108 Vella Ln - Office Wilmington NC 28411 00002 00001 7568 Plantation Rd - Yard Wilmington NC 28411 00003 00001 PO Box 10032- mailing address Wilmington NC 28404 Board of Commissioners - January 19, 2021 E: Commercial Property ABBREVIATIONS DEFINED Co -Ins % = Coinsurance Percentage AV = Agreed Value Valuation Blkt = Blanket Coverage ALS = Actual Loss Sustained ACV = Actual Cash Value RC = Replacement Cost Board of Commissioners - January 19, 2021 Loc # Bldg # Subject of Insurance Limits Cause of Loss Co -Ins % Valuation 00002 00001 Building /Storage Trailer 25,000 Special form 80 Replacement Cost 00002 00001 Business Personal Property 10,000 Special form 80 Replacement Cost ABBREVIATIONS DEFINED Co -Ins % = Coinsurance Percentage AV = Agreed Value Valuation Blkt = Blanket Coverage ALS = Actual Loss Sustained ACV = Actual Cash Value RC = Replacement Cost Board of Commissioners - January 19, 2021 Commercial .• Coverage Type Commercial General Liability Occurrence /Claims Made Occurrence Coverage Limit General Aggregate 2,000,000 Products /Completed Ops Aggregate Included Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage 100,000 Medical Expense 5,000 Premises and Operations Host Liquor Liability Products and Completed Operations Broad Form Property Damage Independent Contractors Incidental Medical Malpractice Personal Injury Non -Owned Watercraft (under 26 feet) Advertising Injury Limited Worldwide Products Fire Damage Liability (Rented Premises) Medical Expenses Incurred By Others Blanket Contractual Liability Employees as Additional Insureds Loc # Classification Class Code Basis Exposure 00002 Garbage, Ash or Refuse collecting 95233 Payroll 150,000 Board of Commissioners - January 19, 2021 Commercial Automobile Coverage Coverage Description Limits Combined single limit 1,000,000 Medical payments 2,000 Uninsured motorist Bodily Injury limit 1,000,000 Underinsured motorist Bodily Injury limit 1,000,000 Uninsured motorist Property Damage limit 50,000 Comprehensive ACV Collision ACV Veh # Year Make Model VIN Liab Med Pay UM - UIM Comp Ded Coll Ded 00001 2005 Freightliner M2106 1FVHCYFE2KHKP2294 X X X 2,500 2,500 00002 2013 Toyota Tundra 5TFEY5F19DX147233 X X X 2,500 2,500 Driver # Name Date of Birth DL Number License State 0001 Clinton Matthew Halbert 8/26/1976 27988063 NC Board of Commissioners - January 19, 2021 Coverage Class Code Each Accident 1,000,000 Disease - Policy Limit 1,000,000 Disease -Each Employee 1,000,000 State Class Code Categories, Duties, Classifications Rating Basis Exposure Rate NC 9403 Garbage, ashes, or refuse collection & drivers Remuneration $150,000 6.28 Name Incl /Excl Matt Halbert Include Timothy Fetkowitz Include Blanket Waiver of Subrogation Included Board of Commissioners - January 19, 2021 ITEM: 8 - 1 - 10 Coverage Limit Retention Amount Umbrella 1,000,000 0 Company Eff Date Exp Date Auto Single Limit /BI Per Person Stonewood 10/1/2020 10/1/2021 1,000,000 Company Eff Date Exp Date GL Each GL Gen GL Prod & GL Pers & GL Medical 10/1/2021 1,000,000 1,000,000 Occurrence Aggregate Comp Ops Adv Injury Expense Aggregate Nautilus 10/1/2020 10/1/2021 1,000,000 2,000,000 2,000,000 1,000,000 10,000 Company Eff Date Exp Date EL Each Accident EL Disease Policy Limit EL Disease Each Employee First Benefits 10/1/2020 10/1/2021 1,000,000 1,000,000 1,000,000 Board of Commissioners - January 19, 2021 ITEM: 8 - 1 - 11 STEP UP FOR SOLDIERS • 501 -C3 REGISTERED ORGANIZATION • STARTED IN WILMINGTON TO HELP LOCAL AREA VETERANS • MISSION. TO PROVIDE DISABLED VETERANS WHO EXPERIENCED LOSS OF LIMB AND MOBILITY PROBLEMS WITH THE RESOURCES NECESSARY TO ADJUST IN A POST -WAR ENVIRONMENT. AS A RESULT OF THE EVENTS AND FUNDRAISERS, SPONSORED BY STEP UP FOR SOLDIERS, WE STRIVE TO NOT ONLY ENHANCE THEIR LIVES AND THOSE OF THEIR FAMILIES BUT ALSO HELP TO RESTORE THEIR CONFIDENCE AND POSITIVE SELF IMAGE. • ALL MONEY RAISED STAYS IN AREA Board of Commissioners - January 19, 2021 ITEM: 8 - 1 - 12 TRUCK BRANDING I �\, 96 Gallon TOTER BIN (Customer chooses branch of service) Board of Commissioners - January 19, 2021 ITEM: 8 - 1 - 13 f New Hanover County Contract # 21 -0248 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2021, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and T.A.C.L., Inc., dba TRASH FOR TROOPS, with its principal mailing address 108 Vella Ln., Wilmington NC 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A -136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and /or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and /or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A -46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and /or residential customers with solid waste collection and transportation to County- approved disposal sites. 3. Disposal at County - Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County- approved facilities consistent with State law. With regard to County- approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Administration /Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - January 19, 2021 ITEM: 8 - 2 - 1 New Hanover County Contract # 21 -0248 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 10. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 11. Termination. The franchisee may terminate this franchise upon three hundred sixty -five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 12. Non - Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon Board of Commissioners - January 19, 2021 ITEM: 8 - 2 - 2 New Hanover County Contract # 21 -0248 a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 14. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 15. E- Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. STATE OF COUNTY T.A.C.L., Inc., dba Trash for Troops (SEAL) President I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of T.A.C.L., Inc., dba TRASH FOR TROOPS, a North Carolina corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of 2021. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - January 19, 2021 ITEM: 8 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Strategy PRESENTER(S): Donna Girardot, Airport Authority Chair CONTACT(S): Jennifer Rigby, Chief Strategy Officer SUBJECT: Approval of a Letter of Support and Financial Pledge for Wilmington International Airport's DOT Small Community Air Service Development Program (SCASDP) Grant Application BRIEF SUMMARY: Wilmington International Airport plans to submit an application for a SCASDP grant to improve air service. The Department of Transportation grant is a competitive process requiring broad -based community support and a non - airport cash contribution. Wilmington International Airport requests support from New Hanover County in the amount of $50,000 if the grant is awarded, and is also seeking support from the City of Wilmington and its private sector business partners. A financial appropriation would be included in the FY 21 -22 budget process. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the support letter and financial pledge. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 9 T'f 'I L M January 5, 2021 The New Hanover County Board of Commission 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Airport Authority Donna Girardot RE: ILM's Small Community Air Service Development Grant Application Chairman Harry W. Stovall Dear Commissioners: Vice Chairman F. Spruill Thompson ILM is applying for a Small Community Air Service Development Grant (SCASDG) Secretary from the US Department of Transportation (DOT). We are requesting a letter of Julia Olson- Boseman support from you in the amount of $50,000. Nick Rhodes The goal of this Federal program is to provide financial assistance to small W. Lee Williams communities such as Wilmington. In 2014 we were awarded a similar grant for Thomas Wolfe $750,000 that helped United enter our market with flights to Chicago (ORD) and Washington - Dulles (IAD). We believe applying for this grant will improve ILM's air service development assistance package with a large portion funded through the DOT Airport Director grant. We proved the success of the SCASDG program in 2018 when United started Julie A. Wilsey, AAE flights to two destinations. One key to securing the DOT grant is securing community support in the form of cash commitments for the airline. Local contributions consist of: Non airport cash contributions from the business community Airport contributions (marketing and advertising dollars plus fee waivers Our aim is to secure another grant to focus on non -stop flights to New York (JFK), Newark (EWR), or Boston (BOS). We believe there are several airlines (American, Delta, United or Jet Blue) who could start new service to /from ILM to one of those destinations. The applications are due to DOT by January 29, 2021. We respectfully request your support letter and a commitment of $50,000 in the next budget year. Wilmington Respectfully, International Airport �- 1740 Airport Blvd., Ste. 12 Wilmington, NC 28405 910.341.4333 Julie A. Wilsey, AAE flyilm.com Airport Director Board of Commissioners - January 19, 2021 ITEM: 9 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of Release of the Levy for Tax Year 2010 BRIEF SUMMARY. According to NC GS 105 -378 Limitation on use of remedies, we request the New Hanover County Board of Commissioners to release the levy for the tax year 2010. The 10 -year statute of limitations prohibits the collector from using forced collection measures to collect these taxes. The total for New Hanover County and Fire District is $323,831.89. For all municipalities it is $139,380.90. The grand total overall is $463,212.79. RECOMMENDED MOTION AND REQUESTED ACTIONS: Release the levy for tax year 2010. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 10 °`'N}y. "Q NEW HANOVER COUNTY 0 '` TAX DEPARTMENT Q 3� 230 Government Center Drive, Suite 190, Wilmington, INC 28403 P:(910)798-7300 I F:(910)798-7310 I NHCgov.com `71111ti Allison Snell, Tax Administrator Pursuant to NC GS 105 -378 Limitation on use of remedies. (a) Use of Remedies Barred. — No county or municipality may maintain an action or procedure to enforce any remedy provided by law for the collection of taxes or the enforcement of any tax liens (whether the taxes or tax liens are evidenced by the original tax receipts, tax sales certificates, or otherwise) unless the action or procedure is instituted within 10 years from the date the taxes became due. Therefore, on this the 19th day of January, 2021, Collector of Revenue, Allison Snell, asks the New Hanover County Board of County Commissioners to release the levy for tax year 2010 from the charge as the 10 year statute of limitations prohibits the Collector from using forced collection measures to collect these taxes. These amounts are deemed insolvent and uncollectible. 2010 Real Estate Personal Property Motor Vehicles Total New Hanover $34,298.85 $198,277.37 $76,507.72 $309,083.94 Fire District $1,141.21 $9,323.01 $4,283.73 $14,747.95 Carolina Beach $850.67 $4,675.05 $1,196.84 $6,722.56 Kure Beach $56.94 $266.01 $224.31 $547.26 Wilmington $14,847.23 $84,547.61 $30,063.97 $129,458.81 Wrightsville Beach $932.80 $1,490.12 $229.35 $2,652.27 Total $52,127.70 $298,579.17 $112,505.92 $463,212.79 As requested the New Hanover County Board of County Commissioners does hereby release the levy for tax year 2010 as stated above from the charge as the 10 year statute of limitations prohibits the Collector from using forced collection measures to collect these taxes. These amounts are deemed insolvent and uncollectible. Julia Olson - Boseman, Chair New Hanover County Board of Commissioners - January 19, 2021 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of November 2020 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for November 2020 are ahead of collections for November 2019. The report for November 2020 in comparison to November 2019 is as follows: New Hanover County November 2020 November 2019 Real Property 54.17% 52.31% Personal Property 16.47% 14.01% Motor Vehicle 100.00% 100.00% Overall Collection Rate 52.33% 50.31% Total Collected YTD $89,048,348.39 $83,556,402.59 New Hanover County Debt Service November 2020 November 2019 Real Property 53.86% 52.21% Personal Property 16.45% 13.87% Motor Vehicle 100.00% 100.00% Overall Collection Rate 52.07% 50.23% Total Collected YTD $11,685,179.99 $10,998,363.78 Grand Total Collected YTD $100,733,528.38 $94,554,766.37 New Hanover County Fire District November 2020 November 2019 Real Property 61.09% 59.95% Personal Property 14.02% 10.59% Motor Vehicle 100.00% 100.00% Overall Collection Rate 57.93% 55.57% Total Collected YTD $6,063,751.04 $5,760,503.96 RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - January 19, 2021 ITEM: 11 Approve the reports. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 11 New Hanover County Monthly Collection Report for November 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 150,022,796.44 $ (22,218.18) $ 1,288.37 $ 14,854,800.53 $ (69,606.04) $ 12,643.84 $ 5,334,874.86 $ $ $ 170,212,471.83 (91,824.22) 13,932.21 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ 150,001,866.63 81,375,708.82 121,325.29 $ $ $ 14,797,838.33 2,441,747.87 4,854.87 $ $ 5,334,874.86 5,334,874.86 $ $ $ $ 170,134,579.82 89,152,331.55 126,180.16 - Outstanding Balance $ 68,747,483.10 $ 12,360,945.33 $ - $ 81,108,428.43 Collection Percentage - 54.17 238.40 16.47 $ 100.00 $ 52.33 YTD Interest Collected $ 996.73 6,617,647.28 Collections to Date $ 21,200.27 $ 22,197.00 $ 582.91 $ 562,371.17 *Refunds $ 47,348.50 $ 276,681.47 Total 2020 -2021 Collections YTD 89,048,348.39 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,802,044.87 $ 4,498,560.07 $ 402,846.95 $ 6,703,451.89 Abatements $ (46,890.79) $ (39,152.22) $ - $ (86,043.01) Adjustments $ - $ 238.40 $ - $ 238.40 Total Levy $ 1,755,154.08 $ 4,459,646.25 $ 402,846.95 $ 6,617,647.28 Collections to Date $ 362,647.06 $ 199,141.20 $ 582.91 $ 562,371.17 *Refunds $ 47,348.50 $ 276,681.47 $ 385.53 $ 324,415.50 Write -off $ - $ - $ - $ - Outstanding Balance $ 1,439,855.52 j $ 4,537,186.52 j $ 402,649.57 $ 6,379,691.61 YTD Interest Collected $ 38,665.53 $ 22,202.32 $ 194.09 $ 61,061.94 Total Prior Year Collections YTD 299,017.61 Grand Total All Collections YTD $ 89,347,366.00 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 19, 2021 ITEM: 11-1 -1 New Hanover County Debt Service Monthly Collection Report for November 2020 Current Year 2020 -2021 Total 2020 -2021 Collections YTD $ 11,685,179.99 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,795,995.99 $ 1,951,416.66 $ 703,974.41 $ 22,451,387.06 Abatements $ (2,931.90) $ (9,185.26) $ - $ (12,117.16) Adjustments $ 178.46 $ 1,668.48 $ - $ 1,846.94 Total Taxes Charged $ 19,793,242.55 $ 1,943,899.88 $ 703,974.41 $ 22,441,116.84 Collections to Date $ 10,661,396.43 $ 319,809.15 $ 703,974.41 $ 11,685,179.99 *Refunds $ 15.64 $ 101.34 $ - $ 116.98 Write -off Outstanding Balance 1 $ 138,116.72 $ 286,481.97 $ $ - Outstanding Balance $ 9,131,861.76 $ 1,624,192.07 $ - $ 10,755,936.85 Collection Percentage 53.86 16.45 100.00 52.07 YTD Interest Collected $ 129.47 $ 1,122.52 Total 2020 -2021 Collections YTD $ 11,685,179.99 Prior Years 2010 -2019 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 19, 2021 ITEM: 11-2 -1 $ 35,210.81 Real Estate Personal Property Motor Vehicles Combined Scroll $ 183,590.02 $ 280,226.37 $ $ 463,816.39 Abatements $ (6,116.48) $ (4,656.49) $ (10,772.97) Adjustments $ 31.46 $ 31.46 Total Levy $ 177,473.54 $ 275,601.34 $ $ 453,074.88 Collections to Date $ 45,272.08 $ (10,479.21) $ $ 34,792.87 *Refunds $ 5,915.26 $ 401.42 $ $ 6,316.68 Write -off $ - $ - $ $ - Outstanding Balance 1 $ 138,116.72 $ 286,481.97 $ $ 424,598.69 YTD Interest Collected 1 $ 4,071.32 $ 2,663.30 1 $ 1 $ 6,734.62 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 19, 2021 ITEM: 11-2 -1 $ 35,210.81 New Hanover County Fire District Monthly Collection Report for November 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 9,017,579.72 $ (2,320.46) $ 4,841.81 $ 1,044,297.48 $ (5,889.36) $ 297.09 $ 406,202.35 $ $ $ 10,468,079.55 (8,209.82) 5,138.90 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ 9,020,101.07 5,510,165.26 18.74 $ $ $ 1,038,705.21 145,691.66 30.59 $ $ 406,202.35 406,202.35 $ $ $ $ 10,465,008.63 6,062,059.27 49.33 - Outstanding Balance $ 3,509,954.55 $ 893,044.14 $ - $ 4,402,998.69 Collection Percentage - 61.09 14.02 $ 100.00 $ 57.93 YTD Interest Collected $ 155.09 180,965.97 Collections to Date $ 1,586.01 $ 1,741.10 $ 7.42 $ (171,359.21) *Refunds $ 4,621.02 $ 31.39 Total 2020 -2021 Collections YTD 6,063,751.04 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74 Abatements $ (4,621.02) $ (200,636.75) $ - $ (205,257.77) Adjustments $ - $ - $ Total Levy $ 108,947.61 $ 47,986.61 $ 24,031.75 $ 180,965.97 Collections to Date $ 25,386.36 $ (196,752.99) $ 7.42 $ (171,359.21) *Refunds $ 4,621.02 $ 31.39 $ - $ 4,652.41 Write -off $ - $ - $ - $ - Outstanding Balance $ 88,182.27 $ 244,770.99 $ 24,024.33 $ 356,977.59 YTD Interest Collected $ 2,760.91 $ 399.60 $ 8.43 $ 3,168.94 Total Prior Year Collections YTD (168,190.27) Grand Total All Collections YTD $ 5,895,560.77 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 19, 2021 ITEM: 11- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Budget PRESENTER(S): Mary Hazel Small, CFO NHCS CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Approval of Board of Education Budget Amendment #2 BRIEF SUMMARY: On November 24, 2020, the Board of Education approved a budget transfer as follows: • Beginning Budget correction of Instructional supply allotments coded in error to School -Based Support. No change in purpose of funds from the prior year. • Transfer from Instructional and Nutrition Services to Community Services for temporary Learning Lab services as employee benefit supporting staff in return to campus. Child Nutrition administrative positions moved to the Enterprise Fund. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education budget transfer pursuant to the county's FY2020 -21 budget ordinance as the proposed amendment would result in a cumulative increase or decrease of 10 percent or more in the county appropriation for a Purpose or Function as compared to the amounts in the adopted budget. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 12 New Hanover County Schools YTD Transfers of County Funds in Excess of 10% by Purpose /Function, as of 11/24/20 YTD County Transfers Include: 1) Beginning Budget correction of Instructional supply allotments coded in error to School -Based Support. No change in purpose of funds from the prior year. 2) Transfer from Instructional and Nutrition Services to Community Services for temporary Learning Lab services as employee benefit supporting staff in return to campus. Child Nutrition administrative posiitons moved to the Enterprise Fund. Board of Commissioners - January 19, 2021 ITEM: 12- 1 - 1 Beginning County Appropriation YTD Changes exceeding 10% Revised County Appropriation Purpose /Function Positions Dollars Positions Transfers in excess of 10% Positions Dollars Instructional services: Regular Instruction 95 $ 14,527,156 $ 1,063,914 95 $ 15,591,070 Special Populations 13 $ 3,077,512 13 $ 3,077,512 Alternative Programs 3 $ 803,665 3 $ 803,665 School Leadership 87 $ 7,570,170 $ 92,710 87 $ 7,662,880 Co- Curricular 6 $ 2,154,298 6 $ 2,154,298 School -Based Support 56 $ 8,824,926 $ (1,613,000) 56 $ 7,211,926 Subtotal 259 $ 36,957,727 - $ (456,376) 259 $ 36,501,351 System -wide support services: Support and Development 17 $ 2,130,552 17 $ 2,130,552 Special Population Support and Development 1 $ 130,989 1 $ 130,989 Alternative Program Support and Development 5 $ 857,494 5 $ 857,494 Technology Support 42 $ 5,237,983 42 $ 5,237,983 Operational Support 212 $ 22,467,426 212 $ 22,467,426 Financial and Human Resources 31 $ 4,972,050 31 $ 4,972,050 Accountability 4 $ 356,650 4 $ 356,650 System -Wide Pupil Support 3 $ 300,474 3 $ 300,474 Policy, Leadership and Public Relations 7 $ 1,801,379 7 $ 1,801,379 Subtotal 322 $ 38,254,997 - $ - 322 $ 38,254,997 Ancillary: Community Services 720,454 - $ 720,454 Nutrition Services 2 $ 264,078 (2) (264,078) - $ - Subtotal 2 $ 264,078 (2) $ 456,376 - $ 720,454 Non - programmed charges: Payments to Other Governments $ 4,534,749 - $ 4,534,749 Scholarships $ 120,000 - $ 120,000 Subtotal - $ 4,654,749 - $ - - $ 4,654,749 Total Local Current Expense Fund 583 $ 80,131,551 (2) $ - 581 $ 80,131,551 YTD County Transfers Include: 1) Beginning Budget correction of Instructional supply allotments coded in error to School -Based Support. No change in purpose of funds from the prior year. 2) Transfer from Instructional and Nutrition Services to Community Services for temporary Learning Lab services as employee benefit supporting staff in return to campus. Child Nutrition administrative posiitons moved to the Enterprise Fund. Board of Commissioners - January 19, 2021 ITEM: 12- 1 - 1 11/18/2020 eBOARDsolutions - Preview Item YTD County Transfer Summary Department and /or Board Staff Liaison Finance Department- Mary Hazel Small, CFO Main Points The 2020 -21 County Budget Ordinance included a requirement for the Board of Education to request County approval of cumulative transfers increasing or decreasing each Purpose /Function by 10% or more. Attached is summary of the County Appropriation and YTD changes in excess of the 10 %. Supporting Documents 21 YTD Transfers of County Appropriation.... Recommendation for Action /Next Steps Approval by the Board of Education to submit for consideration by the Board of County Commissioners. Board of Commissioners - January 19, 2021 https : / /simbli.eboardsolutions.com/ Meetings /PreviewltemOrder.aspx ?Sjlt -gV-r IDJ5132699 &Rev =l 04 111 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendment BRIEF SUMMARY. The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2021: Health & Human Services Agency /Public Health 21 -038 RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for the budget amendment listed. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 13 AGENDA: January 19, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Health & Human Services Agency /Public Health Expenditure: Decrease Increase Total BA 21 -038 COVID -19 $ 281,999 $ 281,999 Total $ - I $ 281, Is 281,999 Revenue: Decrease Increase Total BA 21 -038 COVID-19 $ 281,999 $ 281,999 Total $ - $ 281,999 $ 281,999 Prior to Total if Actions Actions Tod a Taken Departmental Budget $ 14,205, 885 $ 14,487,884 Section 2: Explanation BA 21 -038 budgets funds allocated by the Department of Health & Human Services, Division of Public Health in support of infection prevention during the COVID-19 pandemic. Allowable uses for these funds include COVID -19 testing, investigation, contact tracing, infection - control training, vaccinations, and purchases of personal protective equipment. Contract workers will be utilitzed to assist county staff with these efforts. No new positions are being requested and no county match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -038 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 19th day of January, 2021. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 19, 2021 ITEM: 13- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Finance PRESENTER(S): April Adams, Cherry Bekaert LLP CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Presentation of the Audit Report for the Fiscal Year Ended 6/30/2020 BRIEF SUMMARY: The New Hanover County Comprehensive Annual Financial Report and related independent audit for the fiscal year ended 6/30/2020 has been completed. The results of the audit and financial report will be presented by April Adams, Audit Partner with Cherry Bekaert LLP. The audit resulted in an unmodified opinion, meaning the auditors concur that the financial statements are fairly presented and free from material misstatements. General fund revenues exceeded expenses by $9,211,551 for the year. The general fund balance as of June 30, 2020 was $106,610,791, of which $57,102,925 was unassigned. The unassigned fund balance as a percentage of general fund expenses and transfers out represented 18.9 %, which aligns with our policy goal of 18% to 21 %. In the fire services fund, revenues and other financing sources exceeded expenses and other financing uses by $383,895 leaving a fund balance at June 30, 2020 of $3,420,420. The environmental management fund increased it for the fund balance by $3,768,920. Total fund balance for the fire services fund and environmental management fund as a percentage of expenses and outflows represented 21.1% and 60.5 %, respectively. This aligns with our policy goal that total fund balance is not less than 8% of expenses and outflows for these funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners hear the presentation and approve the New Hanover County Comprehensive Annual Financial Report for the fiscal year ended 6/30/2020. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear the presentation and approve the report. COMMISSIONERS' ACTIONS: Heard the presentation and approved the report 5 -0. Board of Commissioners - January 19, 2021 ITEM: 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Strategy PRESENTER(S): Debbie Kinsey; Dr. William Johnstone Jr. CONTACT(S): Debbie Kinsey SUBJECT: Tides, Inc. Program Update BRIEF SUMMARY. New Hanover County administration partnered with Tides on a three -year contract to provide a comprehensive, intensive, residential and /or outpatient treatment program for women with opioid use disorder who are pregnant, anticipating pregnancy or are postpartum using a trauma - informed model of care. Per the contract, Tides is required to provide up to two (2) reports /presentations to the New Hanover County Board of Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Receive report. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Receive report. COMMISSIONERS' ACTIONS: Received report. Board of Commissioners - January 19, 2021 ITEM: 15 THE TIDES Healthy Mothers Having Healthy Babies Second Annual Report 2019 -2020 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 1 Table of Contents Forward............................................................................................................ ............................... 3 Introduction...................................................................................................... ............................... 4 VisionStatement .............................................................................................. ............................... 4 MissionStatement ............................................................................................ ............................... 4 Year2 Annual Report ...................................................................................... ............................... 5 PopulationOutcomes ................................................................................... ............................... 5 Program Performance Outcomes ................................................................. ............................... 7 Quantityof Effort ..................................................................................... ............................... 7 Qualityof Effort ....................................................................................... ............................... 7 Operationalizing Program Model ............................................................. ............................... 8 FiscalManagement ................................................................................. ............................... 12 Recommendations.......................................................................................... ............................... 12 Conclusion..................................................................................................... ............................... 12 Acknowledgements........................................................................................ ............................... 14 Appendix 1: Year 2 Aggregate Participant Data ........................................... ............................... 15 Appendix 2: Tides Patient Flow .................................................................... ............................... 17 Appendix 3: Year 2 Finance Report .............................................................. ............................... 18 Appendix 4: Year 2 Graduate Testimonies .................................................... ............................... 19 Appendix 5: Year 2 Tides Program Report for New Hanover County .......... ............................... 21 Appendix 6: Year 1 Annual Report Recommendations and Actions Taken . ............................... 25 2 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 2 Forward Dear New Hanover County Government and interested parties, How can Tides already be in its third fiscal year? Time flies when you are busy and seeing results. It is time for our Second Annual Report to be issued. The report serves as a road map of where we have been, what we have accomplished and where we are going. The Second Annual report will be made public for our participants, families, referring providers and clinics, our sponsors and for New Hanover County Board of Commissioners. Last year was a building year on the successes we had during our first year of existence. The Second Annual Report will deal with Tides' activity from July 1, 2019 through June 30, 2020. I am proud to say that we are delivering the care and seeing the results that we anticipated at our inception. Our graduates are achieving personal goals that they themselves never thought possible. They are employed, maintaining child custody, are in stable relationships and are leasing and buying homes. The children born to the women of Tides are showing that medication assisted treatment for opioid use means shorter hospital stays, shorter NICU stays and near zero medication for Neonatal Abstinence Syndrome (NAS). Because we are busier and thus have greater expenses, our funding is very much critical! Thank you to The New Hanover County Board of Commissioners, county officers and staff for continuing to support Tides. This fiscal year will require us to seek additional funding to supplement our budget. We are in the process of identifying available sources of funding and requesting sponsorship. Our Executive Director, Debbie Kinsey, and her staff, along with our Board of Directors, remain committed to our mission, vision and purpose. We anticipate that Tides will touch many more women during their journeys of motherhood and addiction. As we grow, Tides looks to continue to improve, expand and provide a viable, excellent, evidenced -based treatment program for women with maternal opioid use disorder in Southeastern North Carolina and the surrounding areas. Thank you, William M. Johnstone, Jr. MD JD MBA Founder and President, Tides Inc. 3 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 3 Introduction Tides, Inc., a North Carolina non - profit corporation was established on October 10, 2017 to offer New Hanover County's opioid addicted mothers a coordinated system of care that treats their addiction, creates conditions for the delivery of healthy babies, and helps keep the mother -baby dyad together. The purpose of Tides, as set forth in the bylaws, is to be Committed to creating and providing services to expectant mothers and their unborn children which will help them to overcome and recover from opioid drug addiction by assisting with treatment through a comprehensive, multi faceted program which includes, but is not limited to, access to medical professionals, clinicians, biological, psychological, social and spiritual care and healing, expert teams. This program will be available regardless of race, color, creed, sexual orientation, or national origin of the adult mother or child. The program will offer a variety of services to provide comprehensive evaluation, diagnosis, detoxification, treatment of co- morbid medical conditions, medication management, patient activities and support which will foster and promote a long term recovery success strategy through self - reliance, emotional growth, social adjustment and physical well -being of the expectant /new mothers and their children. The program model reflects a collaborative community consortium where existing community partners integrate their services to engage women in the recovery process to keep the mother - child dyad intact. Vision Statement Healthy mothers having healthy babies Mission Statement Tides is a comprehensive, intensive, outpatient treatment program, integrating existing community partner services to engage pregnant /postpartum women with opioid use disorder in the recovery process. Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 4 Year 2 Annual Report The Tides staff and governing board are focused on long -term change in program participants. In developing this year's annual report, we consider both population and program performance outcomes that were established last year. Population Outcomes The Tides staff, Board of Directors, and community partners work together to achieve a condition of well -being for opioid addicted mothers. Tides seeks to achieve the following population results: 1. Previously opioid addicted mothers following a recovery plan Indicator: Percent of Tides program graduates who remain free of illicit drug use 2. Mother —child dyad remaining intact Indicator: Percent of Tides program graduates' children who remain outside the foster care system 3. Healthy and developing babies Indicator: Percent of Tides program graduates' children who complete scheduled well -baby checks Indicator: Percent of Tides program graduates' children not readmitted to the hospital How Did We Do? The Tides program had 18 graduates in Year 2 which allowed for collection of post - graduation data using a Qualtrics survey. The survey link was sent to all graduates in August 2020. Survey completion by participants was voluntary and anonymous, and results reflect self - reported information. Nine graduates completed the entire survey and two graduates partially completed the survey (n =11). Survey results, relevant to each population outcome, are included below. Population Result #1: Previously opioid addicted mothers following a recovery plan Indicator: Percent of Tides program graduates who remain free of illicit drug use ➢ Seventy -three percent (73 %) of respondents reported that they had not used opiates or other substances since completing the program. Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 5 ➢ Twenty -seven percent (27 %) of respondents reported using opiates or other substances monthly, since completing the program. Population Result #2: Mother —child dyad remaining intact Indicator: Percent of Tides program graduates' children who remain outside the foster care system ➢ 100% of respondents who delivered a baby while in the Tides program (n =9) have full custody of their child /children and report not having any new Child Protective Services (CPS) involvement since completing the program. ➢ The cost of foster care in New Hanover County, in fiscal year 2019 -2020, was $13,357 per child (foster care maintenance payments and administrative costs) [T. Bradley, personal communication, September 1, 2020]. Having this information allows Tides staff and Board of Directors to consider cost savings of the program to the foster care system, not only related to children born to mothers while in the Tides program, but potential cost savings associated with mothers' additional children who may exit the foster care system when mothers obtain full custody after completing the program. Population Result #3: Healthy and developing babies Indicator: Percent of Tides program graduates' children who complete scheduled well -baby checks ➢ 100% of respondents who delivered a baby while in the Tides program (n =9) reported that the babies attended all Well -Care check -ups. ➢ Additionally, these respondents reported that there were no developmental difficulties with the babies. Indicator: Percent of Tides program graduates' children not readmitted to the hospital ➢ 100% of respondents who delivered a baby while in the Tides program (n =9) reported no hospital readmissions for the babies, after the mother completed the program. Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 6 ➢ While we do not have the cost of NAS- related hospital readmissions, the Tides staff and Board of Directors could also consider cost savings of the program to New Hanover Regional Medical Center. Program Performance Outcomes In establishing performance accountability, we seek to answer questions of quantity and quality of effort (i.e. how much did we do and how well did we do it ?), the extent to which the program's model can be operationalized, and fiscal management. Quantity of Effort During this second year of program implementation, 30 women were assessed for program admission with 27 (90 %) accepted into the program. Adding these 27 women to the 30 who were admitted to the program in Year 1, yields a total of 57 women admitted to the Tides program since it began. Women admitted to the program in Year 2 tended to be primarily Caucasian (81 %), between the ages 20 -35 (89 %), pregnant (89 %), and had Medicaid as the primary payor (74 %). The majority of women reported having a heavy drug use history (70 %), with opiates and heroin being the drugs of choice, and a criminal history (85 %). Forty-eight percent of the women admitted in Year 2, who had previous children, had lost custody of their children (37 %) or had partial custody (11 %). See Appendix 1 for aggregate participant data. In the program's first two years, a total of 36 babies were born to women in the Tides program. Of these births, 75% of babies were born between 36 to 42 weeks gestation and 61% were considered to have normal, healthy birth weights. Additionally, for the babies who needed extra care, the average length of stay in the NICU was reduced by three days from Year 1 to Year 2. Quality of Effort Assessing the program's quality of effort (How well did we do it ?) can be seen in the length of time participants were in the program and their continued success after graduation. Of the women who are currently in the program or have graduated (n =33), 50% stayed in the program Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 7 for 12 to 18 months while 44% stayed for 6 to 12 months. We believe that remaining in the program for an extended period of time demonstrates program success, given that 97% of participants entered the program voluntarily. Women, in these cases, increase their chances for long -term change by cultivating new and healthy relationships and engaging in mentoring, counseling, and long -term reinforcements of positive habitual change. Ninety -one percent of graduates who responded to the survey (n =11) reported continued engagement in their counseling and 73% not using illicit substances since completing the program. Of the nine respondents who completed the survey, 100% indicated they have remained outside of the criminal justice system, foster care system, and have continued with their medication assisted treatment. Eighty -nine percent of these respondents also indicated that their life was better after having completed the Tides program. Operation alizing Program Model We continued, in Year 2, to build on Year 1's foundation by implementing and expanding services and referral processes to support program elements (see Appendix 2, Tides Patient Flow and Appendix 6, Year 1 Annual Report Recommendations and Actions Taken). The following descriptions of both required and optional services highlight important attributes that directly contributed to the Tide's Year 2 program successes: I. Required Services A. Staff. The following staff members were in place at the end of fiscal Year 2: • Executive Director, full -time • Transitional Living Manager, full -time • Case Manager, full -time • Residential Managers (3), part-time • Weekend Overnight Security, contracted • Transportation Driver, contracted • Team of volunteers • Web Designer (as needed), contracted • Certified Public Accountant (MOU on file) s Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 8 B. Counseling All Tides participants are required to work with our partner, Coastal Horizons, to receive counseling services through their Substance Abuse Intensive Outpatient Program ( SAIOP). This is a 12 -week course and participants attend the program three days a week for three hours per session. However, due to COVID-19, classes have been held virtually since mid -March and last one and one -half hours per session. Participant costs for attending SAIOP are billed to each participant's Medicaid by Coastal Horizons. The Tides program pays for Coastal Horizons' Social Work Consultation for non - SAIOP treatment. At the end of Year 2, six women were in the SAIOP program, and 10 women were in post - SAIOP (weekly "After- Care" class led by a Social Worker, held virtually, in which participants must attend at least twice a month). Bi- weekly case management meetings take place between Tides' Case Manager and Coastal Horizons' Social Worker. When needed, the Executive Director and/or Family Nurse Practitioner also attend. These meetings facilitate continuity of care and services as well as continued assessments of participant progress of outcomes, goals, and/or emerging needs. C. Medication Assisted Treatment (MAT) for Opioid Use Disorder (OUD) Tides participants are prescribed specific medication designed to diminish the desire for opioids. This greatly increases the chances of having a healthy baby. Participant's medication is managed by clinical providers at either the Physicians Specialist OB /GYN clinic or Coastal Horizons. D. Prenatal Care Prenatal care is provided at the Physicians Specialists OB /GYN clinic. High risk pregnant women also receive care and consultation at Atlantic Fetal Medicine. Prenatal care is billed to each participant's Medicaid by the OB /GYN Clinic. E. Peer Support Coastal Horizons provide peer support specialists for Tides participants upon request. Peer support costs are billed to each participant's Medicaid by Coastal Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 9 Horizons. Feedback on peer support effectiveness is provided by the participants to the Tides Executive Director. F. Smoking Cessation Smoking cessation continues to be an ongoing dilemma with participants. Most participants who enter the program are smokers (99.9 %). The Transitional Living Facility became smoke -free in March 2020, thereby reducing the number of cigarettes smoked by residents. For women who are serious about completely quitting, NHRMC offers a Smoking Cessation class and mentors the attendees for 100 days after class to offer support and encouragement. Tides recently purchased a "You Can Quit Smoking While Pregnant" DVD program and will begin implementation for all participants to complete the program. G. Parenting Training With COVID -19 affecting the ability to train in person, most participants have completed the online Smart Start Triple P® training course free of charge. Tides has also joined with InJoy9, a comprehensive, education network of DVDs, online eClasses and tutorials centered around birth and mother/baby care. Participants log into their own portal and take interactive training courses with pre and post testing. Tides is able to track progress and assist individuals as they move through the curriculum. II. Optional Services A. Housing Tides opened its first transitional living facility in June 2019. At the end of Year 2, a total of 14 women and 12 babies have been cared for in our facility. At the beginning of 2020, Tides expanded its housing capacity by adding three additional apartments in an adjacent building to accommodate a total of 10 women and 10 babies at any one time. B. Transportation The Tides program utilizes various options for transportation. In August 2019, Tides purchased a 15- passenger van to transport its residential and off -site participants. A part-time, contracted driver currently transports approximately mi Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 10 80% of our transportation needs. COVID -19 brought many obstacles in using commercial transporters such as Circulation Lyfto, taxicabs and Medicaid Transport. However, these services are still utilized when necessary. C. Childcare The Tides program utilizes and pays two organizations, Childcare Network and Kids & Co, to support Tides participant childcare needs. Participants are required to obtain DSS vouchers, which greatly reduce Tides' cost for childcare. D. Psychiatric Care Coastal Horizons provides psychiatric care to Tides participants, if indicated. Treatment costs are billed to each participant's Medicaid by Coastal Horizons. E. Spiritual Care Tides residential participants have the opportunity to attend weekly services at 828 Church in Wilmington, NC. Residents also take part in an onsite, faith -based support group once a week. F. Job Training Tides has partnered with StepUp® Wilmington to provide participants with a hands -on job training course. Due to COVID -19, the training has changed from a four day, in- person course to a three -day virtual course. The training assists participants in resume writing, teaches interview skills and how to navigate an interview with a questionable background report. After completing the course, each participant is assigned a Talent Manager to assist with locating potential jobs and navigating the process of obtaining employment. G. Education Training An individualized training plan is created for participants who have a desire to return to secondary or post - secondary school to complete their studies. Two of our participants are in the process of obtaining their GED. H. Life Skills Training Tides works to provide informal life skills training to its residents at the transitional living facility. These skills include budgeting /managing money, time management and organization skills. Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 11 I. Medical Care Medaco Urgent Care is the Tides "go -to" for a participant's non - emergency care needs. The Tides program pays the co -pay for care and initial prescriptions based on participant's ability to pay. Fiscal Man agem en t The Tides program was funded in Year 2 primarily by New Hanover County (98 %). A total of $228,057 (41%) was rolled over from Year 1 (lower than expected expenditures in Year 1 due to establishing best practices for accepting participants and building corporate infrastructure) and added to the county's Year 2 funding of $315,360 (57 %). Private donors contributed a total of $13,727 (2 %) to equal a revenue total of $557,144 which was managed by the Tides Executive Director. At the end of Year 2, 87% percent of revenue was expensed ($482,969) with 13% ($74,174) remaining in cash flow. See Appendix 3 for the year -end finance report. Recommendations The Tides Board of Directors and staff spent Year 2 implementing all program elements and addressing Year 1 Annual Report recommendations (see Appendix 6), while continuing to accept women into the program and focus on their treatment to obtain goals and outcomes. This second year's evaluation continues to identify areas where program improvement should be made as we move into Year 3. Recommendation 1: Develop a timeline for a strategic planning process Recommendation 2: Hire or contract a grant writer to develop and implement a funding opportunity plan Recommendation 3: Develop staff onboarding plan to include CPR Certification, Conflict Resolution, and Resiliency Training Recommendation 4: Engage non - residential women in additional face -to -face mentoring, training, and positive relationships Conclusion The Tides program represents an innovative model of care for opioid addicted pregnant mothers in southeastern North Carolina. The significance of Tide's work is to effectively treat pregnant 12 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 12 women's addiction, improve health and developmental outcomes related to NAS births, and increase the placement of newborns with mothers and out of the foster care system. New Hanover County administration committed to financing the Tides for its first three years, as a pilot project, and set the goal of admitting 24 participants per year into the program. Tides has exceeded this expectation in each of its years of operation, admitting 30 women in Year 1 and 27 women in Year 2. We surmise that the COVID -19 pandemic adversely impacted the number of Year 2 assessments that otherwise would have been completed. See Appendix 5 for Tides Program Report for New Hanover County. The Tides staff and governing board are focused on long -term change in program participants, and the results of the post - graduation survey point to progress being made (see also Appendix 4 for graduate testimonies). Forming relationships during the program, and sustaining them after graduation, have important benefits. Consider that the majority of respondents completed the survey after having graduated from the Tides program for at least 4 -6 months (64 %), with two respondents (18 %) having graduated 7 -12 months prior to completing the survey, demonstrating in part the impact of formed relationships while in the program. It is significant that 89% of respondents indicated their life was better after having completed the program. While the Tides program has only been operational for two years, it has demonstrated early successes in achieving both population and program performance outcomes. Here are some statements our graduates wrote: "I am more stable and structured. ", "I have maintained my sobriety and life with my boy is beautiful. ", "I am still in connection with my doctor and therapist... still clean and sober. ", "Since completing the Tides program my life continues to improve. I have launched 2 businesses of my own, I am completely off of government assistance because I am able to provide for me and my daughter on my own as a single mother. ", and "I have moved forward in my life as far as staying clean, getting an apartment, a car and employment." These women are working hard to be Healthy Mothers Having Healthy Babies. 13 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 13 This Second Annual Report was submitted to Dr. William Johnstone, Founder and President of Tides, Inc. Evaluation Team Dr. Stephanie Smith Assistant Professor UNCW School of Nursing Ms. Debbie Kinsey Executive Director Tides, Inc. Acknowledgements A HUGE THANK YOU TO OUR PARTNERS AND MANY SUPPORTERS New Hanover County Commissioners and Administration — Thank you for believing in our dream of making a difference in the opioid crisis here in New Hanover County. We cannot thank you enough for stepping in to fund our vision and successes and to reduce the footprint of this epidemic in our county. Department of Health and Human Services — To all the social workers and coordinators that work so hard to give these mother's a chance to reconcile and care for their children. New Hanover Regional Medical Center ( NHRMC) — Thank you for believing in our vision and supporting us in making the Tides program a reality. Betty H. Cameron Mother's & Children's Hospital — NEST Units, Triage, Antepartum, Labor & Delivery and all the special clinicians who work so seamlessly to provide excellent care to these women and babies. NHRMC Physician Specialists — OB /GYN Specialists — To Denise Neal, RN, MSN, FNP and Denise McNeil along with all of the staff and residents, thank you for always providing exceptional care for these women. Your love for your job is shown through your love for these ►iiz410N is Community Partners: LINC, Inc. Coastal Horizons Smart Start StepUp Wilmington SHARE Cape Fear 828 Church Wrightsville Beach United Methodist Church 14 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 14 Appendix 1: Year 2 Aggregate Participant Data DEMOGRAPHICS I(�Irj leBrw lw eA—k.%Wi4h Vr7JleJl�yt lu([nu r.e9u n dll xrn wnrikaryffilusi � . - 4 Ili 1i h. re EMPLOYMENVT& EDUCATION Employment Educatron d Yrar eln�rco 1lheanpengeJ [r{a1 Seeilryjl 4a�r [ufk,gr l ►riml��+saal l`.r�4kir7l i lMl+'ikr,�FP 11eh [wade — P� r. rlrcrc wh-Foka .Ah4AMJe � elltrlllf hiirldle iaixml. '� �� .F �1drY1Lip6Adi Prt] Q2 iAdd�ff �3 *• pj pPt1`(ftpaf!'�F *PH NsP �1,r�4ra4 al'ra� WP?i8P �� rtaFrP SWPP fRti4gP PREGNANCY Pregnancy Status at intake GestWon at Intake Custody at Birth eat nw Fl. dAddpil— 8 f. P'tl445 C u ua�6r �.. 3 1 FaIIfP.rilal tu:!.roIF� w5 e n.,rr =I'ulr{aaamn ?u ln„vIrn rypy [aw�agr JrIITHMllttr U 10 15 tQ X'.• $PY. of mortierr were pi'ven jut"1 or,porYatrf fuetody x tftedr bww upon diprutarrr frarn the hwrpFlmJ 15 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 15 Fa ITYiiy Sire Ifils—l'ba *Pira®C[cf �4 W01t •F- Wt[$]&I CWIRM •ParbnC+3tFICIMe4rn •urre*tfv #6a�ereM •Pard!el� &5itlir ►n .- PeravrlB7✓kbw.nuar th:.xaN )d9i !�} fr+x+rrre ✓Fr�'aQ+r ±rJr�ptf+rn a# inf Drrd' 4�!KIYaplf Program Status C*Fd..wo Level of Drug Use • tkhi a VINI-n • Mddw FAMILY & CHILDREN Custody of Previous ChIId ren Iuo i= xeWmml7!IY!Ver N.C.11rdp aay,I Wt'.udT )^ u1 warnm #rvd mP €worllr o0 #ides ardviars sh dd era sf irfafae PROGRAM DATA Graduates Length of Time in Program 4 tm l mrr tha. W to, Drug oI Chofce r.-a::.nr•_rr:rlf'ir[M her fthw PAM /diueiwwd +I M CI # A R d I:' 7! r Anwcn"*Wrg93%ofwamen oared qt wa aidh"priawrydrmgit"Tinn GrImIInaI His.ttwy lwpM.ar cwwtgd P/*!nr Chrtvtrl86 McAemU Or Nelp�Pi/r4' - -;'1 L 85N W wwrlrrr hod 1wr rr a rrnfrd! wANe Sob wrw low kr W of orhon drrrbr to k+faA- 16 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 16 IL' Y d 4 a f Y d tc +rKSxlrawier f to 6m —h•. DRUG & CR'IMIWt HISTDRY 4 tm l mrr tha. W to, Drug oI Chofce r.-a::.nr•_rr:rlf'ir[M her fthw PAM /diueiwwd +I M CI # A R d I:' 7! r Anwcn"*Wrg93%ofwamen oared qt wa aidh"priawrydrmgit"Tinn GrImIInaI His.ttwy lwpM.ar cwwtgd P/*!nr Chrtvtrl86 McAemU Or Nelp�Pi/r4' - -;'1 L 85N W wwrlrrr hod 1wr rr a rrnfrd! wANe Sob wrw low kr W of orhon drrrbr to k+faA- 16 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 16 Referrals: 09GYN ED PROBATION DA TASC MC TnIIium PRIVATE BLIPE PROVIDER DSS HEALTH DEPARTMENT SELF-REFERRAL INPATIENT REFERRALS OUTPATIENT SA PROVIOfM(111I 'Arelkress City, CHrq RHA, WTC, "'Saar, aHH, v®... ist FE3Pi7NDER5 NEST UNIT NICU /PEDS Appendix 2: Tides Patient Flow Tides Patient Flow Soeenir.5 by case mana6er- cam slate neeris a ssdo m -en t Poa oeterrnine whet services to Enru 1 the client in � 1 4 � "1 j Required services.- f {f Counseling MT Prenatal care Peer support Smoking Cessation edu I p of the centering model already) Parenting Opt in Services. Housing Transportation Childcare Psych spiritual ab.; ed u training Life skills medical care 17 Evaluate treatment Plan amd ess With Tides case mana5rr iKdmanth to Determine Pra7re -:s- reassess reds Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 17 1' continue in Tides programming until Treatment goal are rRet ✓ Disch a rge tO independent housing , FOII€wupat specific increments for 3? E? 9? ii Months? Family' medicine Can tabR care of this Appendix 3: Year 2 Finance Report Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 18 Fiscal Yr 2019 -2020 Actual Budget Revenue New Hanover County 315,360.00 315,360.00 New Hanover County -Carry Over Yr 1 228,o56g6 - Personal Donations 13,72723 - Grant -NHRMC - Total Income 557,143 -79 315,360.00 Administrative Costs Staff /Labor Full Time Salaries 74,89022 115,831.00 Part -Time Salaries 124,988 -50 97,968.03 Contract Labor 25,209.90 - Benefits (Medical Insurance) 9,791.09 21,064.68 HR Fees - Background Chks 399 -94 1,42500 Professional Development Had. Travel) 2,5.03.22 - Staff /Labor 237,752.87 236,288.71 Office Lease /Rent 2,000.00 - Utilities 5,228.04 1,800.00 Office Supplies /Furnishings 2483 -55 1,800.00 Hardware /Software 6,131.63 2,400.00 Marketing Materials 910.82 900.00 Advertising - - Insurance (Auto, Liability, Rental, etc.) 45,898.55 11,230-00 BOD & Promotional Events 2,852.39 800.00 Office 65,504.98 18,930.00 Professional Fees Accounting & Banking Fees 6,097.78 4,800.00 Website /Graphic Design 1,093.01 600.00 Grant Writer - - Partner's Consultation - - Business &Attorney Fees .167.50 600.00 Professional Fees 7,358.29 6,000.00 Total Administrative Costs 310 ,646.14 261,218.71 Participant Costs Housing 'fides Apt-Rent 67,000.00 49,800.00 Partner Rent 910.00 2,400.00 Furnishings /Supplies 6,63485 2,400.00 Utilities 16,838.91 13,200.00 Repairs &Maintenance 4,157.52 1,200.00 Housing 95,541.28 69,000.00 Transportation 3rd Party Transport (Drivers, Circulation) 13,394,80 13,248.00 Tides Van Purchase w /tax, title, tags, prop 45,200-01 - Gas /Fuel 1,79304 4 =032.00 Repairs & Maintenance 407.64 500.00 Property Tax & Tags 49678 - Transportation 61,293.07 17,780.00 Training/Therapy IOP- Social Worker Consultation 5,640.00 7,200.00 Job Skills Training. - 1,200.00 Parenting Skills - 1,200.00 Counseling /Mentoring /Sponsoring - 1,200.00 Medical Expenses (Mother & Child) 633.61 1,200..00 Support Group/Therapy 150.00 goo.00 Training/Therapy 6423.61 12,900.00 Childcare Childcare Fees 800.00 13,600.00 Other Daycare Fees - - Private Sitter Fees - 600.00 Childcare Soo.00 14,200.00 Misc. Mama /Baby Expenses Food 2,754.04 900.00 Supplies 5,249.12 2,400.00 Other 811.87 1,800.00 Participant Pay Backs (55a00 - Misc. Mama /Baby Expenses 8,265.03 5,100.00 Total Participant Costs 172,322-99 118,980.00 Total Expenses 452,969.13 380,198.71 Running Total Revenue 74,174.66 (64,838.71) Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 18 Appendix 4: Year 2 Graduate Testimonies July 1-0, 2020 ;sly name is Maloree Capps, and I am 29 years old. Luring my early= 20s struggled with addiction and the lifestyle that Caine with it. miter many rehabs, halfway - houses, and programs, I decided to move to Wilmingtonto find. uuccess. Auer moving in 2015, 1 started cosmetology school. I still struggled being by myself. f stayed in a halfway house for .about g months then got my own townhouse. I graduated from cosrnetology school in 2017 and found out I was pregnant with my first baby. This was an extremely bard time for me. I was not happy with the father of my baby. I wanted out but was afraid to reach fo r help. This ended up becoming a trigger for me as my anxiety took its toli and I ended up back whc,ra• 1 started_ I lost everything even my daughter to DSS, and ended tap with a I)(; I n tid in jail for 6 weeks, I am so gratefitl for this last experience b4mause it led me to new beginr ipp. I have always loved the quote "When one door closes another one opens "_ AfIter getting out of jail I moved into UNC, a transitional living facility for those who have been incarcerated. While living there, I learned about kratom and began using that to cope with the unfamiliarity o f my life at that point. I began seeing sa great guy and it was not long, be fore I found myself pregnant again- I fou rod out about Tides from another woman at UNC who was in the program. I met with Debbie, to ld her my story, and was actepted into the program. The tars[ thing they did was wean me off of kratom and put me on a medication assisted treatment program. So here 1 found myself in the Tides program with a new pregnancy, and a new partner in life. 1 was so seared and had no idea where it would take me or if'it was even a you d idea. I did not even know if 1 wanted another baby at the time_ But, meeting Debbie and a couple other ladies in the'rides program inspired Yoe tremendously to keep pushing forward and that this was Cod's plan fn r toe. During my time in ` -ides, I continued to work my DDS plan to regain custody of my first daughter. I completed parenting classes and a m -week SAJOP specifically for mama`s and babies. I got my job back in a hair salon and completed the L INC progratn and found my imn apartment_ I had my second daughter in October. Also, 1 atn happy to say that I completed my D5S plan far my -first daughter and was given back full custody of her in the same mo nth] OPO- 411 of thew things happened spa East! I was so busy, and the women ofTides helped me stay grounded. We would meet for lunch and catch -u p. Tides would help me with rides to get places_ Simply, the Tides program pushed me to do what I knew I was capable of doing_ I loved att- ending the mama baby IOP group wriththe ladies in Tides because it lave me the rip portunity to share my experience and give others inspiration who had not matte it as far as 1 had at that point. Now only a year and a half later, we bought a home and I Lam able to stay home with my two girls who are growing and active. I have graduated from the Tides program but am still active in my recovery. 1 do sessions with a therapist I discovered while doing the SAIOP classes_ Ivry fiancs works and that is how we manage financially, When ourOis get a little older and we are past Covid -19, I will return to cutting hair. I am so grateful I met him when 1 did because we have been so good together. i ant so happy for all these experiences that have made me who I am today. Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 19 ,Tiny 11, 2020 I WOUld like to shame with VOU how the Tides program in Wilmington changed my life, and the lives of my h4asband and my children. I am a 32 year old motherof four that has dolt with addiction, postpartum depression, and depression for all of my adult life. In 2019, I found myself pregnant and add icted to opiates. Because of the stigma surrounding, opiate abase and pregnancy, I was ter, afraid to even go to the doctor. I found out about the Tides program after going to the ER for pregnancy related issues. Within a week, I met with Debbie Kinsey and was admitted to the program. She helped me set up an appointment with their ORGYN that speeialired in women who were pregnant and an maintenance medication. She also helped me get connected with a n -ental health therapist and start their r11>titarlct AbrrrM Interr;;ive Qutpatient prtlgram (SALOP). The ``hides program [cave me hope and hclped me to know that I waS not alone, me the courage to be the mother I dreamed than I Could tae. Gabrielle YOUng It gave After my daughter Khloe was born, I m(wed into the Tides apartments with my newborn and six year old scan. During my time there they helped me enroll my son in kindergarten while I cared for my newborn daughter. I also completed ISMOP, job skills training, and attended three weekly recovery meeting,-, and church. After five rmontfvs, f was cable to move into a new apartment with my htsband and our Light year saki daughter. The staff of the Tides program helped late rebuild trey marriage and relationships with my children, while Leatching me that I was capable 4being a good mother and wife. The person I arm today, I trtrly owe tea'I`isls . They were there for me during a time when I had no one else. Tides helfwxi 1)uild the foundation of the person I am tMay. Although I have graduated from the program, they are going, to be a part of my life forever. 20 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 20 Tides, Inc. Fiscal Year 2oig -2o Data Prior Year Comparison Updated on January 4, 2021 Program Data Assessments FY -i FY -2 FY -2( %) Total Overall % Total Assessments 34 30 31% 64 - -- Admitted 30 27 90% 57 89% Not Admitted 4 3 10% 7 u% *Assessment totals FY-2 lower due to Covid -19 Program Status FY -i FY -2 FY -2( %) Total Overall % Discharged 9 15 31% 24 42% Graduated o 18 32% 18 32% Currently Active 21 15 33% 8 26% *Data presented for FY-1 varies slightly from ist Annual Report Type of Admissions FY -i FY -2 Outpatient 27 20 Residentail Adults 3 9 Residential Children 1 to *Two Y -1 outpatient participants became residential in Y -2. *Tides housing was not open in Y -i. Residents housed at partner sites. Duration of Treatment (Graduates) FY -2 FY -2( %) Less than one month o 8.1 1 to 6 months 1 6% 6 to 12 months 8 44% 12 to 18 months 9 50% Time in Program Before and After Delivery (Graduates) Avg * months Pregnant 4 Postpartum 8.1 Duration of Treatment (Discharged) FY -i FY -2 FY -2( %) Total Overall % Less than one month 1 2 13% 3 13% 1 to 6 months 5 8 53% 13 54% 6 to 12 months 3 5 33% 8 33% Mandated for Treatment 1 31 31 11%1 61 u% Pregnancy Data (at intake) FY -1 FY -2 FY -2( %) Total Overall Pregnant 29 24 89% 53 93% Postpartum 1 3 11% 4 7% 1st Trimester 8 5 21% 13 25% 2nd Trimester 9 9 38% 18 34% 3rd Trimester 11 9 38% 20 38% *Missing trimester count data on one individual in Y -1 and one individual in Y -2 Board of Commis icb s - January 19, 2021 ITE�. 1 - 21 Tides, Inc. Fiscal Year 2019 -2o Data Prior Year Comparison Infant & Family Data Baby Born in Tides FY -i FY -2 FY -2( %) Total Overall % Babies born (2 sets of twins) 12 24 63% 36 61% Babies born w /NAS 12 23 96% 35 97% Babies positive for other substances at birth (Other than MAT) 1 0 0% 1 3% Mothers positive for other substances at birth (Other than MAT) 1 1 1 0 0% 1 1 3% *Postpartum admission babies not included in count *One set of twins in P -1; one set of twins in Y -2 Weight Categories FY -1 FY -2 FY -2(%) Total Overall % Normal ( > 5.5) 7 15 63% 22 61% Low (3.3 - 5.5) 4 6 25% 10 28% Very Low (2.2 - 3.3) 0 3 13% 3 8% *Missing data from one individual in weight category count Hospital Stay FY -1 FY -2 FY -2( %) Average Average Length of Stay 9.6 6.6 22 8.1 # of Babies in NICU (two sets of twins) 1 8 5 Average Length of Stay in NICU 4 3 3.5 Withdrawal Meds Needed 1 1 1 % of women hospital stay represents 1 33% 92% 1 *avg stay in NICU does not include baby born at 27zuks /not NAS /in NICU 84 days *Missing NICU data on Y -1 twins. Current & Graduated Custody FY -1 FY -2 FY -2( %) Total Overall % Full /Partial Custody 12 22 92% 34 94% CPS /DSS Custody 3 1 4% 1 3% Prior Planned Adoption 7 1 4% 1 3% Gestation at birth (wks) FY -1 FY -2 FY -2( %) Total Overall % 20 -30 0 1 4% 1 3% 30 -35 3 4 17% 7 19% 36 -40 7 18 75% 25 69% > 40 1 1 4% 2 6% *Missing data from one individual in FY-1 count Family Size FY -1 FY -2 FY -2(%) Total Overall % Parent(s) & Infant 5 6 22% 11 19% Parent(s) & 2 Children 7 12 44% 19 33% Parent(s) & 3 Children 7 3 11% 10 18% Parent(s) & 4 Children 4 2 7% 6 11% Parent(s) & 5 Children 1 2 7% 3 5% Parent(s) & 6 or more Children 1 1 4%1 2 4% No Data 5 11 4%1 61 u% Custody - Previous Children FY -1 FY -2 FY -2(%) Total Overall % Full Custody 10 8 30% 18 32% Partial Custody o 3 11% 3 5% No Custody a 10 37% 21 37% No Previous Children 1 9 5 19% 14 25% *Missing data from in category count Board of Commis io{}e s - January 19, 2021 ITEIICC�A ?? 1 - 22 Participant & Demographic Data Race FY -1 FY-:A F'Y -2(%) 'l'Wal Oivrall % Al'1'ivaln Ameiivan f Bla ct 1 .' 7.4% '57 596 lk lllte/ n'lo/Ca11.1['a1sicm 24 2. 8 .,3`XN _lip 81% %Italtil °a1C.ia1 1 0 996 2 }% Pender 4 S 11% 7 129b Alaska Native oti 1 41 15%1 41 7% Asian/ Vian A1#1t'`ric;1n 0 0% 0 o% 111ti 1x11111` I,alln {3 8 ,7% 1 2% County of Reside nee FY -1 FY-2 ]FY -2(%) Total Overall New Hanover acr 17 6:, 96 '57 6 .5% 13r11rlswiek 5 11 ]1% t# 1496 Cii1111Y bive,r 1 0 996 1 2% Pender 4 S 11% 7 129b t`)rtslow oti 1 41 15%1 41 7% * rnvillf 1'e!fore e►rfa`1'Irrq Hcl?er:s pwffrtwi. 10me relocated after ctafrrllfitiP +tit. Age Range FY -I FY -2 FY -2(%) 1'14a;ll Overall % 1`1111-`1'ilitl' 2 A 1,-3% 0 1]% 26-,,jo 1('N 11 4J% 1-11 3 linvinil1ny(xl (lwt,king) 1i 7 26% 1 '0% 36 -40 9 � 339E # 1:1% ] 40 a 1 4 # % 1`.111 loi .lilellt Fy-1 IlY -2 1- 'V-2(' ) rotal Owrnll % 1`1111-`1'ilitl' 2 A 1,-3% 0 1]% I'aar# ='1'in'1e` 3 2 7% a t)% linvinil1ny(xl (lwt,king) 1i 7 _.O% -k_ j <, % l'ita -wplovecl (Neal ing) 9 � 339E 18 32% *i 1.titiifreI dUla iii 117C e'ea'1'e'ffov!j l'. {l1leatioll FY-1 1'Y-2 � la'-2(%) 'l`(Ald Overall % wh parade 1 4% 3 j% Toth crni(1c, 1 ;; t�% 1 1 t h Gwii ley t'N :3 11 `X1 i t 0ralde 0 9 0% p oIX, 111 ) I0ml1 f tiED 11 9 ; "1% 90 3196 Vocotional Sell 0 0% 0 o% tieNr n, - CC fflege 8 0% 16 } 1 v;i i- De Tee 1 S r1% 4 796 4 Year rX-9 Tee 1 1 :}% 2 4% Middle S<whool 1 4% 1 2% 23 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 23 Pa meet Source FY -1 FY-2 f Y -2( %) Total overall % Private Insurance o 2 ,v, 2 4% Medica id (iIncl. )regndrr('y) 22 20 74% 42 74 Uninstired 3 3 11% {1 11% No Data , -1 ; 7 12% Drug Use Hi4turv- F1' -1 1Y_2 FY-2(%) Total Overall % Li� 1 I"1 11% 4 7% Meeliurn L1 , 1dj` i;i 14% Hen "I. 210 1t.ji 70% 'V) 68% No data fi 4 15 fi 1 #36 11ru ofchoice f -1 FY -2 ].,Y -2(`) Total •erall96 11<i in Meds(o iates) to I"1 48% al'i 40% 11�-],Oin L1 12 44% i;i 40% CdK`ali'e /Crack/11WjOthol, 1 2 l'"% 4) 11% No Data 5 4 15 s 1 996 critolinal Histor IN -1 FV -2 IF- Y -2( %) TOtaI +C veraU % No 7r or arr is f? 4 1596 ldi 18% Arrested 1; i 23 85% 41 72% Convicted - Misdemeanor L 2 18 67 :i () 53% Convicted-Felony f 4 15 It? 1i. jail/prison 1'z 16 59 281 4 9".. No Data 6 1 1 6 1 i% 24 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 24 Appendix 6: Year 1 Annual Report Recommendations and Actions Taken Recommendation Action in Year 2 1. Improve data quality (e.g. increase consistency and All staff members were trained on all aspects of data completion with data collection when completing quality when obtaining information during assessments and assessments) post admission data collection. This has allowed us to achieve greater data quality than in Year 1. 2. Complete portfolio of assessments and set timeframe Guidelines and procedures were put in place for initial for assessments to be completed (e.g. initial, in- assessments and in- program case notes. Also, integration of program, program completion/exit criteria, post program follow -up was implemented so graduates short/medium/long term follow -up) would expect follow -up for the 12 months following completion of the program. 3. Implement an EMR and referral tracking (e.g. NC Implementation of a data management system was obtained 360) system and customized for the needs of the Tides participants. The software used was CharityTracker which allows for case management, data collection of demographics, financial needs, dependent information, case notes and outcomes and goals for the program. 4. Hire a case manager Tides hired its first full -time case manager in August 2019. Our case manager interacts will all participants and ensures compliance with the program and forward movement in outcomes and goals. 5. Hire program administrative assistant Tides hired its first full -time Administrative Assistant in March 2020. This has proven to be invaluable to the ED as she can focus on more corporate aspects of the organization. 6. Pursue purchase of a Tides vehicle to transport Tides purchased a 15- passenger van in August 2019. program participants to /from appointments Currently, a contracted driver provides 70 -80% of travel needs by transporting participants in the company van. 7. Develop and implement a Tides comprehensive Tides works with various individuals and organizations to training program (e.g. parenting, finance, life skills, provide a comprehensive training program. Prior to Covid- etc.) 19, participants went to Smart Start to complete the Triple P Parenting Class. With COVID-19 affecting the ability to train in person, the training is completed online. Also, Tides has partnered with InJoy�, a comprehensive, education network centered around birth and mother/baby care. Participants log into their own portal and take interactive training courses. Staff members also educate participants in the residential facility on budgeting and life skills. 8. Develop a timeline for a strategic planning process Pending 25 Board of Commissioners - January 19, 2021 ITEM: 15- 1 - 25 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Senior Resource Center PRESENTER(S): Amber Smith, Senior Resource Center Director CONTACT(S): Amber Smith SUBJECT: Consideration of Home Delivered Meals Expansion BRIEF SUMMARY: The Senior Resource Center requests adoption of an FY 20 -21 general fund budget amendment in the amount of $43,693 and acceptance of two new grant sources from Meals on Wheels NC /SECU ($10,000) and USDA revenue ($5,963). This budget amendment would eliminate the Home Delivered Meals (HDM) waitlist as of 12/23/2020 by adding 75 homebound older adult residents to the program and increasing staffing capacity to help pack and deliver meals. If approved, 75 older adults would be assessed by SRC Social Workers and added to the program within a 45- day period. Prior to COVI D -19, the SRC had a waitlist of over 120 homebound seniors needing daily meals and the need only grew during the pandemic. Due to various temporary COVI D -19 funding sources, the SRC is serving approximately 316 more clients daily between its H DM program and Congregate program (drive thru program) during the COVI D pandemic than pre-COVI D. Since April 2020, the HDM program added an additional 130 homebound seniors to its daily meal service. On average, 750 meals are currently being packed, served and /or delivered each day between both nutrition programs (HDM and Congregate) as compared to 436 meals packed and delivered /served pre -COVI D. Challenges during COVI D-19 have not only caused an increase in older adults needing nutrition services for both HDM and Congregate, but has greatly impacted volunteer availability to assist with packing and delivering meals. Prior to the pandemic, the majority for HDM and Congregate volunteers were seniors themselves. Out of caution for their own safety, several volunteers made the tough decision to suspend their volunteer service. Despite ongoing volunteer recruitment efforts, there continues to be a volunteer shortage to meet the increased program demand. This budget amendment addresses the need to eliminate the current HDM waiting list of 75 and would provide ongoing funding to support daily nutrition services for a total of 540 HDM participants, adding 2 FTE positions to address staffing capacity and 1 van to transport meals. Increasing the HDM program beyond the 540 daily count would result needing additional funding and staffing capacity. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation and adopt budget amendment 21 -040. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - January 19, 2021 ITEM: 16 COMMISSIONERS' ACTIONS: Heard presentation and adopted budget amendment 21 -040 by a vote of 5 -0. Board of Commissioners - January 19, 2021 ITEM: 16 AGENDA: January 19, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Senior Resource Center Expenditure: Decrease Increase Total BA 21 -040 Senior Resource Center $ 59,656 $ 59,656 Total $ - $ 59,656 $ 59,656 Revenue: Decrease Increase Total BA 21 -040 SECU Meals On Wheels Grant $ 10,000 $ 10,000 BA 21 -040 USDA Funding $ 5,963 $ 5,963 BA 21 -040 Appropriated Fund Balance $ 43,693 $ 43,693 Total $ - $ 59,656 $ 59,656 Prior to Total if Actions Actions Today Taken Departmental Budget $ 3,943,485 $ 4,003 141 Appropriated Fund Balance $ 9,044 707 $ 9,088,400 Section 2: Explanation BA 21 -040 increases the Senior Resource Center's Home Delivered Meals (HDM) program budget to expand services to eliminate the current waiting list of 75 homebound senior adults, by adding two full -time employee positions and purchasing a van to transport meals. Adoption of this budget amendment will increase appropriated fund balance by $43,693, as well as accept new grant funds. The first grant is $10,000 awarded by State Employees Credit Union (SECU) through Meals On Wheels NC. The second is additional grant revenue from the US Department of Agriculture (USDA) through the Home and Community Care Block Grant (HCCBG) generated by the additional meals that will be served. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -040 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 19th day of January, 2021 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 19, 2021 ITEM: 16- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Consideration of the Board of Commissioners Providing for the Issuance of Not to Exceed $31,000,000 General Obligation Refunding Bonds, Series 2021A, and $33,000,000 Taxable General Obligation Refunding Bonds, Series 2021B BRIEF SUMMARY: New Hanover County ( "County ") has issued General Obligation Public Improvement bonds for school capital needs (the "2010B Bonds "), maturing on or after August 1, 2022, and General Obligation Community College Bonds (the "2013A Bonds "), maturing on or after June 1, 2024. County staff believe it will gain debt service savings in refunding the outstanding amount of these bonds and is requesting to issue a not to exceed amount of $31,000,000 in total aggregate principal of 2021A General Obligation Bonds to refund 2010B Bonds and a not to exceed amount of $33,000,000 in total aggregate principal of 2021B General Obligation Taxable Bonds to refund the outstanding 2013A Bonds. The estimated net present value savings by refunding the 2010B Bonds and the 2013A Bonds is $3,738,488 or 12.46% of the refunded principal and $1,829,383 or 6.25% of the refunded principal, respectively. The refunded debt does not extend the original life of the debt. Certain findings of facts must be made and presented to the Local Government Commission as set forth in Article 4 of Chapter 159 of the General Statutes. Those findings are made in the attached resolution and include that the bonds are necessary, sums estimated are adequate, compliance has been met with debt, budget and fiscal management policies, the refunding bonds will not require a property tax increase, and the County Manager and Chief Financial Officer are authorized to retain the financing team. In addition to the findings of fact, the Board must approve the bond order and direct the Clerk to the Board to publish the notice of its adoption. Further, the Board must adopt the resolution to issue not to exceed $31,000,000 of general obligation refunding bonds and $33,000,000 of taxable general obligation refunding bonds. Further documents related to the bond refunding have been filed and are available at the Chief Financial Officer's office and include the 1) bond purchase agreement, 2) preliminary official statement, and the 3) escrow agreement. The County's sworn statement of debt and statement of estimated interest are filed with the Clerk to the Board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve the Resolution Making Certain Findings of Fact, introduce and adopt the Refunding Bond Order, adopt the Bond Resolution, and direct Clerk to publish notice of the Refunding Bond Order adoption. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - January 19, 2021 ITEM: 17 Recommend approval. COMMISSIONERS' ACTIONS: Adopted the Resolution Making Certain Findings of Fact 5 -0. Introduced and adopted the Refunding Bond Order 5 -0. Adopted the Bond Resolution, and directed Clerk to publish notice of the Refunding Bond Order adoption of 5 -0. Board of Commissioners - January 19, 2021 ITEM: 17 Script for January 21, 2021 Meeting re: General Obligation Refunding Bonds #1— Adoption of the Resolution Making Certain Statements of Fact Chair: A resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA MAKING CERTAIN STATEMENT OF FACTS CONCERNING PROPOSED BOND ISSUE" is before the Board of Commissioners for consideration which makes certain findings related to the County's financial information and planned borrowing, as required by the North Carolina Local Government Commission in order to consider the County's application for approval by the Commission to issue general obligation bonds that will refund two of the County's outstanding general obligation bonds. Is there a motion to adopt the Resolution? Commissioner: I move that the Resolution be adopted. Second Commissioner: I second the motion. Chair: Is there any discussion on the motion? [If none, proceed to vote] [If discussion, proceed with discussion, then vote] 42 — Introduction and Adoption of the Bond Order Chair: I'd like to introduce the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $64,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA ". Copies of the bond order are available in your agenda packet. Further, I'd like to make a motion that the Board adopt without change or amendment the general obligation refunding bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF NOT To EXCEED $64,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEw HANOVER, NORTH CAROLINA" and direct the Clerk to publish a notice of adoption regarding the bond order, as prescribed by The Local Government Bond Act. Commissioner: I second the motion. Chair: Is there any discussion on the motion? [If none, proceed to vote] [If discussion, proceed with discussion, then vote] [SEE FINAL BOARD ACTION ON NEXT PAGE] PPAB 6035577v1 Board of Commissioners - January 19, 2021 ITEM: 17- 1 - 1 #3 — Adoption of the Bond Resolution Chair: Finally, a resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $31,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021A AND $33,000,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021B OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA" is before the Board of Commissioners for consideration which approves the issuance of two series of general obligation refunding bonds. Is there a motion to adopt the Resolution? Commissioner: I move that the Resolution be adopted. Second Commissioner: I second the motion. Chair: Is there any discussion on the motion? [If none, proceed to vote] [If discussion, proceed with discussion, then vote] 2 Board of Commissioners - January 19, 2021 ITEM: 17- 1 - 2 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE WHEREAS, the Board of Commissioners of the County of New Hanover, North Carolina (the "Board of Commissioners") is considering the issuance of bonds of the County of New Hanover, North Carolina (the "County ") which shall be for the following purpose and in the following maximum amount: Not to exceed $64,000,000 of refunding bonds, in one or more series, to pay the capital costs of refunding the County's (1) General Obligation Public Improvement Bonds (Taxable), Series 2010B (the "Refunded 2010B Bonds ") maturing on and after August 1, 2022 and (2) General Obligation Community College Bonds, Series 2013A maturing on and after June 1, 2024 (the "Refunded 2013A Bonds" and together with the Refunded 2010B Bonds, the "Refunded Bonds "). WHEREAS, certain findings of fact by the Board of Commissioners must be presented to enable the Local Government Commission of the State of North Carolina (the "Commission") to make certain determinations as set forth in Article 4 of Chapter 159 of the General Statutes, Section 52, as amended. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners, meeting in open session on January 19, 2021, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient in order to pay the capital costs of refunding the Refunded Bonds. B. Facts Supporting the Amount of Bonds Proposed. The amount proposed is adequate and not excessive for the proposed purpose of the issue. C. Past Debt Management Polices. The County's debt management procedures and policies are good and have been carried out in compliance with law. The County employs a full -time Chief Financial Officer to oversee compliance with applicable laws relating to debt management. The Board of Commissioners requires annual audits of County finances. In connection with these audits, compliance with laws is reviewed. The County is not in default in any of its debt service obligations. The County Attorney reviews all debt - related documents for compliance with laws. Board of Commissioners - January 19, 2021 ITEM: 17- 2 - 1 D. Past Budgetary and Fiscal Management Polices. The County's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board of Commissioners before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board of Commissioners at regular Board of Commissioners meetings. The Budget Officer presents financial information to Board of Commissioners which shows budget to actual comparisons quarterly and otherwise as the County Manager deems necessary or as a member of the Board of Commissioners may request. The Chief Financial Officer presents financial information to the Board of Commissioners as the County Manager deems necessary or as a member of the Board of Commissioners may request. E. Retirement of Debt. The schedule for issuing the bonds does not currently require a property tax increase, but an increase in taxes, if any, necessary to service the proposed debt will not be excessive. The schedule for issuance calls for issuing all of the bonds by the end of the fiscal year ending June 30, 2021, but issuance may be delayed until such time as the County determines that the market is more favorable for the issuance of the bonds. F. Reasonable Rates of Interest. The proposed bonds can be marketed at reasonable rates of interest. G. Ratification of Application to the Local Government Commission. All actions of the Chief Financial Officer, or her designees, in filing an application with the Commission, whether previously or hereinafter taken, are hereby approved, ratified and authorized. H. Effective Date. This Resolution is effective immediately on its adoption. On motion duly made and seconded, the foregoing resolution was adopted by the following vote: AYES: NAYS: Board of Commissioners - January 19, 2021 ITEM: 17- 2 - 2 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE" adopted by the Board of Commissioners of the County of New Hanover, North Carolina at a regular meeting held on the 19`h day of January, 2021. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said County, this the 19t' day of January, 2021. (SEAL) Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - January 19, 2021 ITEM: 17- 2 - 3 BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $64,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA WHEREAS, the County of New Hanover, North Carolina (the "County ") has issued (1) General Obligation Public Improvement Bonds (Taxable), Series 2010B (the "2010B Bonds") and (2) General Obligation Community College Bonds, Series 2013A (the "2013A Bonds "); WHEREAS, the Board of Commissioners of the County (the `Board of Commissioners ") deems it advisable to refund the 2010B Bonds maturing on and after August 1, 2022 (the `Refunded 2010B Bonds ") and the 2013A Bond maturing on and after June 1, 2024 (the "Refunded 2013A Bonds, " and together with the Refunded 2010B Bonds, the "Refunded Bonds "); WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina (the "Commission ") requesting approval of the bonds hereinafter described as required by the Local Government Bond Act, as amended, and the Secretary of the Commission has notified the Board of Commissioners that the application has been accepted for submission to the Commission. NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, North Carolina, as follows: Section 1. The Board of Commissioners deems it advisable to refund the Refunded Bonds. Section 2. To raise the money required to pay the costs of refunding the Refunded Bonds, General Obligation Refunding Bonds of the County, in one or more series, are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina. The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $64,000,000. Section 3. Taxes will be levied in an amount sufficient to pay the principal and interest of the General Obligation Refunding Bonds. Section 4. A sworn statement of the County's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. This bond order is effective on its adoption. Board of Commissioners - January 19, 2021 ITEM: 17- 3 - 1 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $31,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021A AND $33,000,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021B OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA WHEREAS, the Bond Order (as defined below) has been adopted, and it is desirable to make provision for the issuance of the Bonds authorized by the Bond Order; WHEREAS, the County of New Hanover, North Carolina (the "County ") desires to issue its General Obligation Refunding Bonds, Series 2021A (the "2021A Bonds ") and Taxable General Obligation Refunding Bonds, Series 2021B (the "2021B Bonds" and together with the 2021A Bonds, the "Bonds ") for the purposes described herein and to request that the Local Government Commission of North Carolina (the "Commission ") sell the Bonds through a negotiated sale to PNC Capital Markets LLC (the "Underwriter ") in accordance with the terms and conditions set forth in a Bond Purchase Agreement to be dated on or about February 11, 2021 (the "Bond Purchase Agreement ") among the County, the Commission and the Underwriter; WHEREAS, copies of the forms of the following documents relating to the transactions described above have been filed with the County and have been made available to the Board: the Bond Purchase Agreement; 2. the Preliminary Official Statement with respect to the Bonds to be dated on or about February 3, 2021, together with the Official Statement with respect to the Bonds to be dated on or about February 11, 2021 (collectively, the "Official Statement"); and 3. the Escrow Agreement to be dated as of February 1, 2021 between the County and U.S. Bank National Association, as escrow agent (the "Escrow Agreement ") NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County (the "Board") as follows: Section 1. For purposes of this Resolution, the following words have the meanings ascribed to them below: "Authorized Officers" means, individually and collectively, the Chair of the Board, the County Manager, the Chief Financial Officer, and the Clerk to the Board of the County. "Bond Order" means the bond order authorizing the issuance of $64,000,000 General Obligation Refunding Bonds of the County of New Hanover, North Carolina adopted by the Board on January 19, 2021 and effective on its adoption. "Bonds" means the 2021A Bonds and the 2021B Bonds. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code or to a section of the Code herein will be deemed to include the United States Treasury Regulations proposed or in effect with respect thereto. PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 1 "Escrow Agent" means U.S. Bank National Association, and its successors and assigns, appointed as such under the Escrow Agreement. "Escrow Agreement" means the Escrow Agreement dated as of February 1, 2021 between the County and the Escrow Agent related to the Refunded 2013A Bonds. `Escrow Fund" means the fund of its name designated in the Escrow Agreement. "Federal Securities" means, to the extent permitted by law, (a) direct obligations of the United States of America for the timely payment of which the full faith and credit of the United States of America is pledged; (b) obligations issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and credit obligations of the United States of America (including any securities described in (a) or (b) issued or held in the name of the trustee in book -entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of a trustee and are not subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local governmental unit of the State of North Carolina which are (i) not callable prior to maturity or (ii) as to which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified, and which are rated by Moody's, if the bonds are rated by Moody's, and S &P, if the bonds are rated by S &P, and Fitch Ratings, if the bonds are rated by Fitch Ratings, within the highest rating category and which are secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; (d) direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated; or (e) any other obligations permitted under the laws of the State of North Carolina for the defeasance of local government bonds. "Fiscal Year" means a twelve -month period commencing on the first day of July of any year and ending on the 30th day of June of the succeeding year, or such other twelve -month period which may subsequently be adopted as the Fiscal Year of the County. "Fitch Ratings " means Fitch Ratings Inc., a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such corporation for any reason no longer performs the functions of a securities rating agency, "Fitch Ratings" will refer to any other nationally recognized securities rating agency other than Moody's and S &P designated by the County. " Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, " Moody's" will be deemed to refer to any other nationally recognized rating agency other than S &P and Fitch Ratings designated by the County. 2 PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 2 "Pricing Certificate" means the certificate of the County's Chief Financial Officer delivered in connection with the issuance of the Bonds which establishes, with respect to the Bonds, the final maturity amounts, the interest payment dates and the provisions for redemption, all as agreed on in the Bond Purchase Agreement. "Refunded 2010B Bonds" means the County's General Obligation Public Improvement Bonds (Taxable), Series 2010B maturing on and after August 1, 2022. "Refunded 2013A Bonds" means the County's General Obligation Community College Bonds, Series 2013A maturing on and after June 1, 2024. "S &P" means S &P Global Ratings, a business unit of Standard & Poor's Financial Services LLC, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "S &P" will be deemed to refer to any other nationally recognized rating agency other than Moody's and Fitch Ratings designated by the County. "2021A Bonds" means the County's General Obligation Refunding Bonds, Series 2021A, authorized under the Bond Order. "2021B Bonds" means the County's Taxable General Obligation Refunding Bonds, Series 2021B, authorized under the Bond Order. Section 2. The County shall issue not to exceed $31,000,000 in total aggregate principal amount of its 2021A Bonds and not to exceed $33,000,000 in total aggregate principal amount of its 2021B Bonds. The final principal amounts of the 2021A Bonds and the 2021B Bonds will be set forth in the Pricing Certificate Section 3. The Bonds shall be dated as of their date of issuance. The 2021A Bonds shall pay interest semiannually on February 1 and August 1, beginning August 1 2021, unless the Chief Financial Officer establishes different dates in her Pricing Certificate. The 2021A Bonds are being issued to (1) refund the Refunded 2010B Bonds pursuant to and in accordance with the Bond Order and (2) pay the costs of issuing the 2021A Bonds. The 2021B Bonds shall pay interest semiannually on June 1 and December 1, beginning June 1, 2021, unless the Chief Financial Officer establishes different dates in her Pricing Certificate. The 2021B Bonds are being issued to (1) refund the Refunded 2013A Bonds pursuant to and in accordance with the Bond Order and (2) pay the costs of issuing the 2021B Bonds. Section 4. The 2021A Bonds are payable in annual installments on August 1 in each year and the 2021B Bonds are payable in annual installments on June 1 in each year, unless the Chief Financial Officer establishes different dates in her Pricing Certificate. The maturities of the Bonds will be as set forth in the Pricing Certificate. Section 5. The 2021A Bonds are to be numbered from "RA -1" consecutively and upward. The 2021B Bonds are to be numbered from "RB -1" consecutively and upward. The Bonds shall bear interest from their date at a rate or rates which will be hereafter determined on the sale thereof computed on the basis of a 360 -day year of twelve 30 -day months. Section 6. The Bonds are to be registered as to principal and interest, and the Chief Financial Officer is directed to maintain the registration records with respect thereto. The Bonds shall bear the original or facsimile signatures of the Chair of the Board or the County Manager and the Clerk to the Board. An original or facsimile of the seal of the County is to be imprinted on each of the Bonds. PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 3 Section 7. The Bonds will initially be issued by means of a book -entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC'), and immobilized in its custody. A book -entry system will be employed, evidencing ownership of the Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable to DTC or its nominee as registered owner of the Bonds in immediately available funds. The principal of and interest on the Bonds will be payable to owners of Bonds shown on the records of DTC at the close of business on the 15t' day of the month preceding an interest payment date or a bond payment date. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If (a) DTC determines not to continue to act as securities depository for the Bonds or (b) the Chief Financial Officer determines that the continuation of the book -entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the County will discontinue the book -entry system with DTC. If the County fails to identify another qualified securities depository to replace DTC, the County will authenticate and deliver replacement bonds in accordance with DTC's rules and procedures. Section 8. If the Pricing Certificate designates a date for the Bonds on and after which the Bonds are subject to redemption, then such Bonds are subject to redemption before maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after the date set forth in the Pricing Certificate, at the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, with such redemption premium, if any, designated for the Bonds in the Pricing Certificate. If the Bonds are subject to optional redemption and if less than all the Bonds are called for redemption, the County shall select the maturity or maturities of the Bonds to be redeemed in such manner as the County in its discretion may determine, and DTC and its participants shall determine which Bonds within a maturity are to be redeemed in accordance with its rules and procedures; provided, however, that the portion of any Bond to be redeemed must be in principal amount of $5,000 or integral multiples thereof and that, in selecting Bonds for redemption, each Bond is to be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. When the County elects to redeem any Bonds, notice of such redemption of such Bonds, stating the redemption date, redemption price, any conditions to the redemption and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there are due and payable on each Bond or portion thereof so to be redeemed, the principal thereof and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of such Bonds, by prepaid certified or registered United States mail (or by such other means as may be permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered owner of such Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then - registered owners of such Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or electronic submission a copy of the notice of redemption within the time set forth above (1) to the Local Government Commission of North Carolina (the "Local Government Commission ") and (2) to the Municipal Securities Rulemaking Board (the `MSRB ") through the Electronic Municipal Market Access ( "EMMA ") system or other electronic format as prescribed by the MSRB, but any failure or defect in respect thereto will not affect the validity of the redemption. 4 PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 4 If at the time of mailing of the notice of redemption there is not on deposit money sufficient to redeem the Bonds called for redemption, such notice may state that it is conditional on the deposit of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given, may be withdrawn by notice delivered in the same manner as the notice of redemption was given. The Bonds may be sold as term bonds and, if so, will be subject to mandatory sinking fund redemption as set forth in the Pricing Certificate. Section 9. The Bonds and the provisions for the registration of the Bonds and for the approval of the Bonds by the Secretary of the Local Government Commission are to be in substantially the form set forth in the Appendix A and Appendix B hereto, the terms of which may be changed by the Pricing Certificate. Section 10. The Chief Financial Officer is hereby authorized to execute a no arbitrage certificate with respect to the Bonds in order to comply with Section 148 of the Code. Section 11. From the proceeds of the sale of the 2021A Bonds, the State Treasurer shall transfer or cause to be transferred to DTC or its nominee, as registered owner of the Refunded 2010B Bonds, an amount designated in the Pricing Certificate to refund the Refunded 2010B Bonds, with the balance to the County to pay costs of issuing the 2021A Bonds. From the proceeds of the sale of the 2021B Bonds, the State Treasurer shall transfer or cause to be transferred an amount designated in the Pricing Certificate to the Escrow Agent for deposit in the Escrow Fund created under the Escrow Agreement, with the balance to the County to pay costs of issuing the 2021B Bonds. Any proceeds of the Bonds to be used to pay the costs of issuance of the Bonds shall be accounted for in a separate segregated account held by the County and invested and reinvested by the Chief Financial Officer as permitted by the laws of the State of North Carolina. The Chief Financial Officer shall keep and maintain adequate records pertaining to such account and all disbursements therefrom so as to satisfy the requirements of the laws of the State of North Carolina and to assure that the County maintains its covenants with respect to the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation. To the extent any funds remain in such account 90 days after the Bonds are issued (or sooner at the discretion of the Chief Financial Officer), the Chief Financial Officer shall apply them to pay interest on the Bonds on the next interest payment date therefor. The Authorized Officers are hereby authorized and directed to enter into the Escrow Agreement, a form of which has been made available to the Board, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the Board's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Escrow Agreement presented to the Board, and that from and after the execution and delivery of the Escrow Agreement, the Authorized Officers are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Escrow Agreement as executed. Section 12. Actions taken by officials of the County to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E -8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, as amended, are hereby authorized and approved. Section 13. The Commission is hereby requested to sell the Bonds through a negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Agreement at a true interest cost not to exceed PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 5 1.64% for the 2021A Bonds and 2.88% for the 2021B Bonds. The form and content of the Bond Purchase Agreement are in all respects approved and confirmed, and the Chair of the Board or the County Manager is hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Bond Purchase Agreement for and on behalf of the County, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of the Board's approval of any and all such changes, modifications, additions or deletions therein. From and after the execution and delivery of the Bond Purchase Agreement, the Authorized Officers are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement as executed. Section 14. The Authorized Officers are each hereby authorized, empowered and directed to cause the Bonds to be prepared and, when they shall have been duly sold by the Commission, to execute the Bonds and to turn the Bonds over to the registrar and transfer agent of the County for delivery through the facilities of DTC to the Underwriter. Section 15. The form and content of the Official Statement are in all respects authorized, approved and confirmed, and the County Manager and Chief Financial Officer are authorized, empowered and directed, individually and collectively, to deliver the Official Statements in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, the delivery thereof to constitute conclusive evidence of the Board's approval of any and all such changes, modifications, additions or deletions therein. Section 16. The Authorized Officers are authorized, empowered and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. All actions previously taken by any of the Authorized Officers, or their designees or those officers of the County authorized to act on their behalf, related to the Bonds and the proceedings therefor are hereby ratified and approved. Any provision in this Resolution that authorizes more than one officer of the County to take certain actions shall be read to permit such officers to take the authorized actions either individually or collectively. Section 17. The County agrees, in accordance with Rule 15c2 -12 (the "Rule ") promulgated by the Securities and Exchange Commission (the "SEC") and for the benefit of the registered owners and beneficial owners of the Bonds, to provide to the MSRB: (a) by not later than seven months after the end of each Fiscal Year beginning with the Fiscal Year ending June 30, 2021, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (b) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2021, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included in the Official 6 PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 6 Statement under the captions "THE COUNTY —DEBT INFORMATION" and " —TAX INFORMATION" (excluding information on overlapping and underlying units and in the subsection entitled "Debt Outlook "), to the extent such items are not included in the audited financial statements referred to in clause (a) above; (c) in a timely manner not in excess of 10 business days after the occurrence of the event, notice of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non - payment related defaults, if material; (3) unscheduled draws on the debt service reserves reflecting financial difficulties; (4) unscheduled draws on any credit enhancements reflecting financial difficulties; (5) substitution of any credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; (7) modification of the rights of the beneficial owners of the Bonds, if material; (8) call of any of the Bonds, if material, and tender offers; (9) defeasance of any of the Bonds; (10) release, substitution or sale of any property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the County; (13) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; (14) the appointment of a successor or additional trustee, or the change in the name of a trustee, if material; (15) incurrence of a financial obligation of the County, if material, or 7 PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 7 agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (d) in a timely manner, notice of a failure of the County to provide required annual financial information described in (a) or (b) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent the Rule. The County agrees to provide all documents described in this Section in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by providing such information in a manner the SEC subsequently authorizes in lieu of the manner described above. The County agrees that its undertaking under this Section is intended to be for the benefit of the registered owners and the beneficial owners of the Bonds and is enforceable by any of the registered owners and the beneficial owners of the Bonds then outstanding, including an action for specific performance of the County's obligations under this Section, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the Bonds. An action must be instituted, had and maintained in the manner provided in this Section for the benefit of all of the registered owners and beneficial owners of the Bonds. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; and (3) any such modification does not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the Bonds then outstanding. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 8 operating data or financial information being provided. The provisions of this Section terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the Bonds. Section 18. Portions of this Resolution may be amended or supplemented from time to time without the consent of the registered owner of the Bonds if, in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the owner of the Bonds and would not cause the interest on the 2021A Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding Bonds, exclusive of Bonds, if any, owned by the County; provided, however, without the express consent of the owner of any Bond, no modification or amendment to such Bond may reduce the principal amount of such Bond, reduce the interest rate payable on such Bond, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable or reduce the percentage of consent required for amendment or modification; provided further, that any amendment to Section 17 of this Resolution must be limited as described therein. Any act done pursuant to a modification or amendment consented to by the owner of the Bonds is binding on the owner of the Bonds and will not be deemed an infringement of any of the provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been given, the owner of the Bonds shall have no right or interest to object to the action, to question its propriety or to enjoin or restrain the County from taking any action pursuant to a modification or amendment. If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owner of the Bonds, the registrar for the Bonds shall, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to such owner by first -class mail, postage prepaid, to the address of such owner as it appears on the registration books; but the failure to receive such notice by mailing by any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file at the designated office of the registrar for the Bonds for inspection by the owner of the Bonds. If, within 60 days or such longer period as shall be prescribed by the County following the giving of such notice, the owner of a majority in aggregate principal amount of such Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. Section 19. Nothing in this Resolution precludes (a) the payment of the Bonds from the proceeds of refunding bonds or (b) the payment of the Bonds from any legally available funds. If the County causes to be paid, or has made provisions to pay, on maturity or on redemption before maturity, to the owners of the Bonds the principal of the Bonds (including interest to become due thereon) and, premium, if any, on the Bonds, through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, money sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities, then such Bonds shall be considered to have been discharged and satisfied, and the principal of the Bonds (including premium, if any, and interest thereon) shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this Resolution requires the deposit of more than such Federal Securities 9 PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 9 as may be sufficient, taking into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any such defeasance. If such a defeasance occurs and after the County receives an opinion of a nationally recognized verification firm that the segregated money or Federal Securities together with interest earnings thereon are sufficient to effect a defeasance, the County shall execute and deliver all such instruments as may be necessary to effect such a defeasance and desirable to evidence such release, discharge and satisfaction. Provisions shall be made by the County, for the mailing of a notice to the owners of the Bonds that such money is so available for such payment. Section 20. All acts and doings of the Authorized Officers that are in conformity with the purposes and intents of this Resolution and in the furtherance of the issuance of the Bonds and the execution, delivery and performance of the Bond Purchase Agreement are in all respects ratified, approved and confirmed. Section 21. If any one or more of the agreements or provisions herein contained is held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants, agreements or provisions are null and void and separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the Bonds authorized hereunder. Section 22. All resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 23. This Resolution is effective on its adoption. On motion duly made and seconded, the foregoing resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $31,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021A AND $33,000,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021B OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA" was duly adopted by the following vote: AYES: NAYS: 10 PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 10 STATE OF NORTH CAROLINA ss: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $31,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021A AND $33,000,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021B OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 19th day of January, 2021. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the 19th day of January, 2021. Kym Crowell Clerk to the Board of Commissioners County of New Hanover, North Carolina PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 11 101re a APPENDIX A FORM OF BOND UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTEREST RATE MATURITY DATE DATED DATE CUSIP AUGUST 1, 20_ FEBRUARY 25, 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS GENERAL OBLIGATION REFUNDING BOND, SERIES 2021A THE COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County ") acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, on the Maturity Date specified above, on surrender hereof, the Principal Sum shown above and to pay to the Registered Owner hereof interest thereon from the date of this 2021A Bond until it shall mature at the Interest Rate per annum specified above, payable on August 1, 2021 and semiannually thereafter on February 1 and August 1 of each year. Principal of and interest on this 2021A Bond are payable in immediately available funds to The Depository Trust Company ( "DTC") or its nominee as registered owner of the 2021A Bonds and is payable to the owner of the 2021A Bonds shown on the records of DTC at the close of business on the 15' day of the month preceding an interest payment date or a bond payment date. The County is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. This 2021A Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Bond Act, each as amended, and a bond order adopted by the Board of Commissioners of the County on January 19, 2021, effective on the date of its adoption. The 2021A Bonds are issued to provide funds to pay the costs (1) to redeem the County's General Obligation Public Improvement Bonds (Taxable), Series 2010B maturing on and after August 1, 2022; and (2) incurred in connection with the issuance of the 2021A Bonds. The 2021A Bonds maturing on or before August 1, 20_ are not subject to redemption before maturity. The 2021A Bonds maturing on or after August 1, 20 are subject to redemption before maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after August 1, 20_, at the principal amount of the 2021A Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, without premium. If less than all the 2021A Bonds are called for redemption, the County shall select the maturity or maturities of the 2021A Bonds to be redeemed in such manner as the County in its discretion may determine, and DTC and its participants shall determine which 2021A Bonds within a maturity are to be redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2021A Bond to be redeemed must be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2021A Bonds for redemption, each 2021A Bond is to be considered as representing that number of 2021A Bonds which is obtained by dividing the principal amount of such 2021A Bond by $5,000. When PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 12 the County elects to redeem any 2021A Bonds, notice of such redemption of such 2021A Bonds, stating the redemption date, redemption price and any conditions to the redemption and identifying the 2021A Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there are due and payable on each 2021A Bond or portion thereof so to be redeemed, the principal thereof and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of such 2021A Bonds, by prepaid certified or registered United States mail (or by such other means as may be permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered owner of such 2021A Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then - registered owners of such 2021A Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or electronic submission a copy of the notice of redemption within the time set forth above (1) to the Local Government Commission of North Carolina (the "Local Government Commission ") and (2) to the Municipal Securities Rulemaking Board (the `MSRB ") through the Electronic Municipal Market Access ( "EMMA ") system or other electronic format as prescribed by the MSRB. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this 2021A Bond, exist, have been performed and have happened, and that the amount of this 2021A Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this 2021A Bond in accordance with its terms. This 2021A Bond is not valid or obligatory for any purpose until the certification hereon has been signed by an authorized representative of the Local Government Commission. IN WITNESS WHEREOF, the County has caused this 2021A Bond to bear the original or facsimile of the signatures of the Chair of the Board of Commissioners of the County and the Clerk to the Board of Commissioners of the County and an original or facsimile of the seal of the County to be imprinted hereon and this 2021A Bond to be dated as of the Dated Date above. (SEAL) Clerk to the Chair, Board of Commissioners Board of Commissioners Date of Execution: February 25, 2021 PPAB 59550080 The issue hereof has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission 2 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 13 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within 2021A Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within 2021A Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a NOTICE: The signature to this assignment must Participant in the Securities Transfer Agent correspond with the name as it appears on the Medallion Program ( "Stamp ") or similar face of the within 2021A Bond in every program. particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 14 101 re a '1: APPENDIX B FORM OF BOND UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTEREST RATE MATURITY DATE DATED DATE CUSIP JUNE 1, 20_ FEBRUARY 25, 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS TAXABLE GENERAL OBLIGATION REFUNDING BOND, SERIES 2021B THE COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County ") acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, on the Maturity Date specified above, on surrender hereof, the Principal Sum shown above and to pay to the Registered Owner hereof interest thereon from the date of this 2021B Bond until it shall mature at the Interest Rate per annum specified above, payable on June 1, 2021 and semiannually thereafter on December 1 and June 1 of each year. Principal of and interest on this 2021 B Bond are payable in immediately available funds to The Depository Trust Company ( "DTC") or its nominee as registered owner of the 2021B Bonds and is payable to the owner of the 2021B Bonds shown on the records of DTC at the close of business on the 15' day of the month preceding an interest payment date or a bond payment date. The County is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. This 2021B Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Bond Act, each as amended, and a bond order adopted by the Board of Commissioners of the County on January 19, 2021, effective on the date of its adoption. The 2021B Bonds are issued to provide funds to pay the costs (1) to redeem the County's General Obligation Community College Bonds, Series 2013A maturing on and after June 1, 2024; and (2) incurred in connection with the issuance of the 2021B Bonds. The 2021B Bonds maturing on or before June 1, 20 are not subject to redemption before maturity. The 2021B Bonds maturing on or after June 1, 20 are subject to redemption before maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after June 1, 20 , at the principal amount of the 2021B Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, without premium. If less than all the 2021B Bonds are called for redemption, the County shall select the maturity or maturities of the 2021 B Bonds to be redeemed in such manner as the County in its discretion may determine, and DTC and its participants shall determine which 2021B Bonds within a maturity are to be redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2021B Bond to be redeemed must be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2021B Bonds for redemption, each 2021B Bond is to be considered as representing that number of 2021B Bonds which is obtained by dividing the principal amount of such 2021B Bond by $5,000. When the County PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 15 elects to redeem any 2021B Bonds, notice of such redemption of such 2021B Bonds, stating the redemption date, redemption price and any conditions to the redemption and identifying the 2021B Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there are due and payable on each 2021B Bond or portion thereof so to be redeemed, the principal thereof and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of such 2021B Bonds, by prepaid certified or registered United States mail (or by such other means as may be permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered owner of such 2021B Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then - registered owners of such 2021B Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or electronic submission a copy of the notice of redemption within the time set forth above (1) to the Local Government Commission of North Carolina (the "Local Government Commission ") and (2) to the Municipal Securities Rulemaking Board (the ` MSRB ") through the Electronic Municipal Market Access (` EMMA ") system or other electronic format as prescribed by the MSRB. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this 2021B Bond, exist, have been performed and have happened, and that the amount of this 2021B Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this 2021B Bond in accordance with its terms. This 2021B Bond is not valid or obligatory for any purpose until the certification hereon has been signed by an authorized representative of the Local Government Commission. IN WITNESS WHEREOF, the County has caused this 2021B Bond to bear the original or facsimile of the signatures of the Chair of the Board of Commissioners of the County and the Clerk to the Board of Commissioners of the County and an original or facsimile of the seal of the County to be imprinted hereon and this 2021B Bond to be dated as of the Dated Date above. (SEAL) Clerk to the Chair, Board of Commissioners Board of Commissioners Date of Execution: February 25, 2021 PPAB 59550080 The issue hereof has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission 2 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 16 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within 2021B Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within 2021B Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a NOTICE: The signature to this assignment must Participant in the Securities Transfer Agent correspond with the name as it appears on the Medallion Program ( "Stamp ") or similar face of the within 2021B Bond in every program. particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED PPAB 59550080 Board of Commissioners - January 19, 2021 ITEM: 17- 4 - 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Public Hearing for Economic Development Appropriation BRIEF SUMMARY: Genesis Block Labs, LLC will use the economic development payment to assist with funding New Hanover County businesses participating in their accelerator program. This helps support the effort to increase the minority business presence and create jobs in the community. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct Public Hearing. Make a motion to approve the economic development appropriation and expenditure based on the finding that the appropriation and expenditure will increase the diversity and number of higher -wage jobs, retain and grow existing businesses and jobs and encourage and support economic mobility of our citizens. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Conducted Public Hearing. A motion to approve the economic development appropriation and expenditure based on the finding that the appropriation and expenditure will increase the diversity and number of higher -wage jobs, retain and grow existing businesses and jobs and encourage and support economic mobility of our citizens was approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 18 SCRIPT FOR AGENDA ITEM January 19, 2021 CHAIRMAN OLSON- BOSEMAN: I will now open a public hearing to receive comments on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for this appropriation and expenditure will be from the General Fund. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditure that follows has been recommended for appropriation in the FY20 -21 budget and is under consideration for adoption. Genesis Block Labs, LLC, $25,000, to assist with funding New Hanover County businesses participating in their accelerator program. This program supports the effort to increase the minority business presence and creates jobs in the community. Hear comments, if any, including written comments received to date. I will now close the public hearing. Is there a motion to approve the economic development appropriation and expenditure to Genesis Block Labs, LLC for $25,000 based on the finding that the appropriation and expenditure will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County? Motion: Second: Vote Staff is directed to do any and all things necessary to finalize this economic incentive grant, economic incentive appropriation and expenditure. Board of Commissioners - January 19, 2021 ITEM: 18- 1 - 1 AGENDA: January 19, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth & Economic Development Strategic Objective(s): Increase diversity and number of higher -wage jobs Fund: General Department: Finance Expenditure: Decrease Increase Total BA 21 -037 Economic & Physical Development $ 25,000 $ 25,000 Total $ - I $ Is 25,000 Revenue: Decrease Increase Total BA 21 -037 Appropriated Fund Balance $ 25,000 $ 25,000 Total $ - I $ Is 25,000 Prior to Total if Actions Actions To ay Taken Econ & Phys Dev Budget $1,578,011.00 $1,6031,011.00 Appropriated Fund Balance $4,676,327.00d 1 $4,701,327.001 Section 2: Explanation BA 21 -037 budgets $25,000 to make economic development payments to Genesis Block Labs, LLC that will assist with funding New Hanover County businesses participating in their accelerator program. This helps support the effort to increase the minority business presence and create jobs in the community. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -037 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 19th day of January, 2021. (SEAL) Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 19, 2021 ITEM: 18- 2 - 1 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the New Hanover County Board of Commissioners will hold a public hearing on January 19, 2021 at 4:00 p.m. in the assembly room of the New Hanover County historic courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina for the purpose of receiving public comment on appropriations and expenditures for economic development and economic inventive agreements. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output or business prospects for New Hanover County. The county is considering appropriating the following economic development /incentive expenditure as part of the FY20 -21 budget: Genesis Block Labs, LLC, $25,000, to assist with funding New Hanover County businesses participating in their accelerator program. The source of funding for this appropriation and expenditure will be from the General Fund of the county. The New Hanover County Board of Commissioners will receive public comment on this agreement at the above stated time and place. Kimberly G. Crowell, Clerk to the Board of County Commissioners New Hanover County, North Carolina Board of Commissioners - January 19, 2021 ITEM: 18- 3 - 1 Regular DEPARTMENT: CONTACT(S): SUBJECT: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer Lisa Wurtzbacher; Sara Warmuth, Chief Facilities Officer; and Tim Burgess, Deputy County Manager Public Hearing and Approval of Development Agreement for the Redevelopment of the Government Center BRIEF SUMMARY: Following a request for proposal and selection process, on January 21, 2020 the Board of County Commissioners (Board) selected Cape Fear FD Stonewater to be the development partner fora public private partnership to redevelop the Government Center facility. The Board approved the associated development agreement on June 15, 2020, which included a component for the County to lease the newly constructed Government Center facility from the developer for 20 years at which time, the County would own the facility. Based on consultation with the Local Government Commission, who must approve the lease, the County renegotiated the development agreement with Cape Fear FD Stonewater to eliminate the lease purchase arrangement and the County will now borrow the funds for the Government Center facility. Cape Fear FD Stonewater will still manage the development and construction of the facility, however, the County will pay for the facility through loan proceeds. The Local Government Commission will vote to approve the debt February 2, 2021. The proposed development agreement contains the following terms: • The government center property would be developed in 2 parcels The County retains ownership of Parcel 1 at approximately 7.5 acres where the new government center facility would be constructed The County sells Parcel 2, approximately 7.5 acres, to the developer for $8.84 per square foot, the appraised fair market value, for construction of private development after a new government center facility is completed • Developer would construct a new government center facility, which will include a new Emergency Operations and 911 Center, for the County on Parcel 1 at an approximate cost of $46,000,000 and 136,590 gross square feet • County will budget the full estimated project cost of $53,574,040 (as detailed below) and use loan proceeds to pay for the project • Developer will manage the project and be paid a $2,500,000 project management fee • Developer will commence construction of an approximately $46,000,000 mixed -use development including workforce housing within 24 months of acquisition of title to Parcel 2, which will occur upon substantial completion of the government center, and will commence construction of a $24,000,000 office complex within 84 months of the acquisition of Parcel 2 o Should either phase of the private development not begin within the designated timeframe noted above, the County will have the option to purchase the property back for 90% of the developer's purchase price To continue this project, the Board must consider a capital project ordinance to budget the project costs. The total project costs are estimated to be $53,574,040, which breaks down as follows: Design & Engineering $ 3,582,166 Construction 39,533,161 Furniture, Fixtures and Equipment 5,300,000 Board of Commissioners - January 19, 2021 ITEM: 19 Contingency 1,952,889 Other 3.205.824 Total Estimated Cost $ 53,574,040 Per NC general statute 143- 128.1C, the development contract can only be considered following a public hearing on the proposed development contract. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold the public hearing and approve the development agreement between Cape Fear FD Stonewater and New Hanover County and approve the capital project ordinance to fund the project. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Conducted the public hearing. Approved the development agreement between Cape Fear FD Stonewater and New Hanover County and approved the capital project ordinance to fund the project 5 -0. Board of Commissioners - January 19, 2021 ITEM: 19 SCRIPT FOR AGENDA ITEM January 19, 2021 Chairman Olson - Boseman: Pursuant to General Statute 143- 128.1C, before considering a development agreement, the board shall hold a public hearing at which time any persons who wish to be heard may appear. The Board will now hear public comments and open the floor to Board discussion. Hear comments, if any, including written comments received to dote. I will now close the public hearing. Is there a motion to approve the development agreement with Cape Fear FD Stonewater LLC and authorize staff to execute said agreement and associated closing documents? Motion: Second: Vote: Board of Commissioners - January 19, 2021 ITEM: 19- 1 - 1 AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the "Agreement ") is made and entered into on the day of January, 2021, by the COUNTY OF NEW HANOVER, a public body, corporate and politic, having its principal office at 230 Government Center Drive, Wilmington, North Carolina (the "County ") and CAPE FEAR FD STONEWATER, LLC, a North Carolina limited liability company corporation, having its principal place of business at 1051 Military Cutoff, Suite 200 Wilmington, North Carolina, its successors and assigns (the "Developer "), regarding the redevelopment of certain land located at 230 Government Center Drive, Wilmington, North Carolina (the "Project "). WITNESSETH: WHEREAS, the County owns the land located at 230 Government Center Drive, Wilmington, North Carolina, as more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"); and WHEREAS, in 2019, the County identified an interest to redevelop the Property and the Government Center located thereon to improve the County's facilities, incorporate a new Emergency Operations and 911 Center(as more particularly defined below, the "Government Center Improvements "), and to improve the County's tax base with the private development including residential, commercial, and/or office uses; WHEREAS, in the fall of 2019, the County issued a Request for Qualifications to solicit potential partners for the development of the Property, and carefully evaluated the private developer candidates who responded to the same; WHEREAS, on January 21, 2020, the County selected the Developer and its team as its preferred development partner for redevelopment of the Property; WHEREAS, the Property includes a future parcel or tract of land that the parties intend to develop as a new Government Center and Emergency Operations and 911 Center for the County, identified on Exhibit B attached hereto as "Parcel 1 " (referred to herein as "Parcel 1 "); and I Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 1 WHEREAS, the Property also includes a future parcel or tract of land that the parties intend to be conveyed to Developer for future development, identified on Exhibit B attached hereto as "Parcel 2" (referred to herein as "Parcel 2 "); and WHEREAS, the Project will promote economic and cultural development of the area, and will enhance the public welfare and the public use and enjoyment of the area; and WHEREAS, it is the desire of the County and Developer that construction of the Project be carried out in a coordinated and efficient manner; and WHEREAS, the consideration to be paid by the County to Developer for assistance with facilitating the entitlement approval, design, and construction of the Government Center Improvements have been found to be reasonable; and WHEREAS, the consideration to be paid by Developer to the County for the portion of the Property to be conveyed to the Developer has been found to be reasonable. WHEREAS, on June 15, 2020, the County Commissioners considered a Development Agreement regarding the specific terms for cooperation between the Developer and the County to develop the Property, and, after public hearing regarding the same, voted unanimously to approve the Development Agreement, the same being executed by the Developer and the County on or about July 22, 2020; and WHEREAS, the parties desire to amend and restate the terms of the Development Agreement, as set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, this Agreement and undertakings hereinafter set forth, the County and Developer hereby agree as follows: 1. Developer Services and Project Management Agreement. Pursuant to an agreement between the Developer and the County for the management of development of the Property (the "Project Management Agreement "), the Developer shall serve as the representative of the County in connection with the entitlement approval for the Property, and the design and construction of the Government Center Improvements. The Manager and staff of the County and Developer shall execute a Project Management Agreement inclusive of the terms herein, promptly following approval and execution of this Agreement. Pursuant to that Project Management Agreement: 2 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 2 a. Project Budget L The anticipated project budget to complete the Government Center Improvements (as defined below, and to include the scope of work described on Exhibit C attached) is $45,942,827.00, as described in more detail on Exhibit D attached hereto (the "Project Budget "), which Project Budget includes, without limitation, the anticipated construction costs. After full permitting of the Government Center Improvements, including without limitation issuance of a Building Permit, and execution of guaranteed maximum price construction contract with the general contractor (the "GMP Construction Contract "), the Developer will provide a summary of the updated development cost, including, without limitation, the GMP Construction Contract price, which updated summary shall be the "Project Budget ". ii. Promptly after the Date of Completion of Construction, the Developer will provide a summary and accounting of the total actual cost of construction of the Exhibit C work under the GMP Construction Contract (the "Actual Construction Cost ") to the County. In the event that the Actual Construction Cost is less than GMP Construction Contract price, then the County shall be entitled to the amount equal to eighty percent (80 %) of the difference between the Actual Construction Cost and the GMP Construction Contract price (the "Construction Cost Savings "), with the general contractor and the Developer each receiving a payment equal to ten percent (10 %) of savings pursuant to the GMP Construction Contract. b. Development Fee. In consideration of the Developer's services provided pursuant to the Project Management Agreement, the County shall pay to the Developer a fee of Two Million Five Hundred Thousand and 00 /100 Dollars ($2,500,000.00). C. Payment of Costs and Expenses. The County shall be responsible for all of the costs and expenses of development of the Project. To the extent that any such costs or expenses are incurred and paid by the Developer under the Project Budget, the County shall promptly, and, in every event, no more than thirty (30) days following notice of said costs and expenses paid by the Developer, reimburse the Developer for the same. 2. Subdivision of the Property. Developer shall prepare a recombination subdivision plan (the "Subdivision Plat ") to divide the Property into Parcel 1 and Parcel 2 in a 3 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 3 manner materially similar to the concept plan attached hereto at Exhibit B, and Developer and County shall cooperate to obtain approval for and record said Subdivision Plat to facilitate the establishment of Parcel 1 and Parcel 2 as independent parcels of land. 3. Construction of the Government Center Improvements. Pursuant to the Project Management Agreement, Developer shall oversee the construction of a new Government Center Complex, including a 911 /Emergency Operations Center, consistent with the presentation, plans and specifications attached hereto at Exhibit C (collectively, the "Government Center Improvements "). Said Government Center Improvements shall include adequate, nonexclusive, parking to support the same operations planned thereon, either on or adjacent to the Property. Developer shall coordinate and oversee completion of design details and obtaining all permits and entitlements necessary to complete the same, and the County shall use all reasonable efforts to cooperate to obtain said permits and entitlements. The provisions of the Project Management Agreement regarding the construction of the Government Center Improvements shall include consideration of the following, applicable to the Developer, general contractor, architect or other providers as appropriate: A. Insurance provisions regarding liability, worker's compensation, and builder's risk materially consistent with the following: a. Worker's compensation insurance to cover all persons employed in connection with the construction; b. Builders Risk insurance sufficient to cover the replacement cost of the Government Center Improvements; c. Business automobile liability insurance with a limit of not less than Five Million Dollars ($5,000,000.00); d. General Liability insurance with a limit of not less than Ten Million Dollars ($10,000,000.00); and e. Professional Liability Insurance with a limit of not less than Ten Million Dollars ($10,000,000.00). B. Bonding Requirements consistent with the following: a. Performance Bond. Prior to Commencement of Construction, the E Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 4 general contractor shall furnish, or cause to furnished, a performance and maintenance bond, executed by a company duly authorized to do business in North Carolina, in an amount equal to at least One Hundred Percent (100 %) of the construction costs of the Government Center Improvements to guarantee the faithful performance of the work, subject to adjustment throughout completion of the several phases of the Government Center Improvements. b. Payment Bond. Prior to Commencement of Construction, the general contractor shall furnish, or cause to be furnished, a payment bond, executed by a company duly authorized to do business in North Carolina, in an amount equal to at least One Hundred Percent (100 %) of the construction costs of the Government Center Improvements, subject to adjustment throughout the completion of the several phases of the Government Center Improvements. In connection with construction of the Government Center Improvements, Developer shall direct the general contractor to: (i) use its reasonable and good faith efforts to comply with G.S. 143- 128.2, G.S.143- 128.4, and to recruit and select small business entities, and (ii) to fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. 4. Initial Reimbursable Expenses. As of the execution of this Agreement, the Developer has paid significant costs and expenses of the Project. The County shall, upon closing on its financing for the Project, reimburse the Developer for all then incurred expenses of the Project under the Project Budget. 5. Purchase and Sale of Parcel 2. The County agrees to sell and convey fee simple title to Parcel 2, free of any unacceptable encumbrances, to the Developer for a price equal to $8.84 per square foot of land included in Parcel 2, based on the final subdivision plat of the same, after satisfaction of all applicable contingencies, including without limitation: (i) all necessary and desirable permitting and entitlement for Developer's intended use of Parcel 2, and (ii) resolution of any and all interfering title encumbrances necessary to allow Developer's 5 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 5 intended use of Parcel 2. Closing on said purchase and sale shall be contingent upon substantial completion of the Government Center Improvements. The Manager and staff of the County and the Developer shall execute a Purchase and Sale Agreement for the sale of Parcel 2 to the Developer, inclusive of the terms herein, after approval of this Agreement by the Board of Commissioners as described in Section 8.a below. 6. Development of Parcel 2. The Developer will commence construction of a mixed -use development, to include at least 5% of the residential units in said development for workforce housing, with an anticipated value of approximately forty six million dollars ($46,000,000) on a portion of Parcel 2 within twenty four (24) months of acquisition of title to the same. The Developer will present final plans along with the cost estimate for said improvements to the County and receive input from the County Commissioners on the mixed - use improvements prior to beginning construction. The Developer will commence construction of an office or other commercial use development with an anticipated value of approximately twenty four million dollars ($24,000,000) on another portion of Parcel 2 to be subdivided from Parcel 2 (the "Office Tract ") within eighty four (84) months of acquisition of title to Parcel 2. The Developer will present final plans along with the cost estimate for said improvements on the Office Tract to the County and receive input from the County Commissioners on the office or other commercial use development prior to beginning construction of the same. In the event that the Developer fails to timely commence construction of said developments, subject to force majeure, then: (i) with regard to the initial mixed use development, the County will have the option to repurchase Parcel 2 for ninety percent (90 %) of the Developer's purchase price for the same, and, (ii) with regard to the intended development of the Office Tract portion of Parcel 2, the County will have the option to repurchase said Office Tract for a price equal to 90% of the Developer's purchase price for the same, calculated on a price per square foot basis as described above. The right to repurchase will be set forth in the deed of conveyance from County to Developer or similar instrument of record, to run with the land until the conditions that would trigger the same are satisfied. The Developer shall identify the County as a third parry beneficiary of any construction completion assurances provided by the Developer to the Developer's lenders and investors with regard to the construction of the mixed -use development 0 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 6 and other office or commercial use improvements described above, as said completion assurances may be adapted from time to time. 7. Temporary Construction Easement. The County shall grant and convey to the Developer and its assigns a temporary construction easement over the Property from the date of execution of the Project Management Agreement the completion of the Government Center Improvements. 8. Contingent upon Approval. The parties obligations hereunder are expressly conditioned on the following: a. Approval by the County Commissioners. The parties acknowledge and agree that this Agreement has been approved by an affirmative vote of the County Commissioners on January 19, 2021, after publication and notice of the Agreement pursuant to N.C.G.S. § 143- 128.1C. b. Approval by the Local Government Commission of the State of North Carolina (the "LGC "). This Agreement is contingent upon approval of the County's financing to develop the Government Center Improvements by the LGC. The County shall use best efforts to promptly obtain the approval by the LGC of financing of the obligations described herein, including the construction of the Government Center Improvements. C. Project Management Agreement. This Agreement is contingent upon execution of a Project Management Agreement by the County and the Developer, consistent with the terms and conditions described herein. d. Satisfaction of County's Lender's Requirements Regarding Title to Parcel 1. The County and the Developer will reasonably cooperate to address any requirements regarding title to Parcel 1 imposed by the County's lender, and this Agreement shall be contingent upon the same, provided that the County shall be solely responsible for the costs of such efforts. e. Easements and Covenants. Resolution of any and all existing easements and covenants that interfere with the plan of development of the Government Center Improvements, provided that the County shall be solely responsible for the costs of such efforts. 7 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 7 9. County Authority. The County Manager and staff are expressly authorized to enter and execute any and all necessary, desirable, and ancillary agreements and instruments utilized to facilitate the transactions contemplated hereby, including without limitation the Project Management Agreement, instruments of conveyance, easement agreements and the like. 10. Notices. All notices and other communications required or permitted under the provisions of this Agreement ( "Notice ") shall, unless otherwise specified, be in writing, sent by hand delivery or by certified first class mail, postage prepaid, with return receipt required, to the following addresses: As to the County: County of New Hanover 230 Government Center Drive Wilmington, NC 28403 Attn: County Manager With a copy to: County Attorney 230 Government Center Drive Wilmington, NC 28403 Attn: Kemp Burpeau As to Developer: Cape Fear FD Stonewater, LLC Attn: Brian Eckel 1051 Military Cutoff Suite 200 Wilmington, NC, 28405 With a copy to: Ward and Smith. P.A. Attn: Sam Franck 127 Racine Drive Suite 101 Wilmington, NC 28403 or to such other address in the United States as the parry to whom the notice is sent shall have designated in writing in accordance with the provisions of this Section 9. Any such Notice shall N. Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 8 be deemed received (a) in the case with a deposit with an overnight courier, on the business day immediately following such deposit, and (b) in the case of deposit in United States mail, on the date appearing on the return receipt therefor. Any party to this Agreement may change its address by giving the other party written Notice of it new address as herein provided. 11. Additional Terms. a. The County represents and warrants to the Developer, and the Developer represents and warrants to the County that: (i) it knowingly and voluntarily agrees to all the terms set forth in this Agreement, (iii) it knowingly and voluntarily agrees to be legally bound by this Agreement, (iv) the execution of this Agreement has been duly and validly authorized by all necessary and appropriate authority, subject to the contingencies described herein. b. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties as to the transaction described herein, and no amendment, modification, or addendum to this Agreement shall be effective unless in writing dated subsequent to the date hereof and executed by the duly authorized officers of the respective parties hereto. The requirement for such a writing shall apply to any waiver of the requirement of a written modification pursuant to this paragraph and shall be deemed an essential term of this Agreement. This Agreement will be deemed drafted by all parties hereto and shall not be construed against any party as the drafter of this Agreement. This Agreement shall inure to the benefit of the parties hereto and their respective successors, heirs, and assigns. C. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is found to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but this Agreement shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein. d. The validity, construction, interpretation, and administration of this Agreement shall be governed by the substantive laws of the state of North Carolina, and any 6 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 9 action brought in relation to or to enforce or construe the same shall be brought in the Superior Courts of North Carolina, and each party waives any rights or defenses relating to jurisdiction. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, and all which taken together shall constitute one and the same instrument. [Signatures to Follow] 10 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 10 IN WITNESS WHEREOF, the parties have set their hands and seals to this Agreement this day of January, 2021. COUNTY OF NEW HANOVER Name: Chris Coudriet Title: Manager CAPE FEAR FD STONEWATER By: Name: Title: Manager Exhibits Attached A. Legal Description of the Property as it Currently Exists B. Planned Subdivision of Parcels 1 and 2 C. Project Plans for Government Center Improvements D. Anticipated Project Budget for construction of Government Center Improvements 11 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 11 EXHIBIT A Legal Description of Property as it Currently Exists Includes New Hanover County Tax Parcels: R04916- 003 - 002 -000, R04916- 003 - 007 -000, and R05013- 008 - 043 -002 All of those tracts or parcels of land lying and being in New Hanover County, North Carolina and being more particularly described as follows: Parcel A- R04916- 003 - 002 -000 1EGINNING at a point, said point being located oi] the northerly right -of -way of Market Place Drive and being the southwesterly corner of the property owned by New Hanover County, and being recorded in .Boot{ 3698, Page 527, New Hanover County .RegisteT of Deeds, runniiig thence along the northerly right -of -way of Market Place Drive, along curve to the left having a chord distance of 200.01 feet, a radius of 340 feet South 651 8'24" West to a point; running thence North 5° 32'50" Vest 70,85 fcet to a point; running thence North 89 °221" Nest 130.87 feet to a point; twining thence North 66° 07'47" West 272.48 feet to a point; running thence North 5° 32.50" West 334.67 feet to a point; running thence North 94° 31'51" Lust 358.79 feet to a paint; running thence North 511 28'09" West 83.75 feet to a point; running thence North 84°31'51" East 200.23 feet to a point; running thence ,South 5 °32'50" East 25.26 feet to a point; running thcrtce South 84 031'10" West 12.07 feet to a point; running thence South 5 °28'50" East 133.19 feet to a point; running thence South 94 132'09" Vest 102.63 feet to a point; running thence North 5'34'17" East 4.40 feet to a point; running thence South 39 °2633" East 6.10 feet to a point; running thence South 84 °26'33" Vest 2 feet to a point; running thence South 5 °33'27 " West 22.06 feet to a paint; running thence North 82,'12'45" East 2.05 feet to a point; running thence South 50 °25'51" East 5_.05 feet to a point; ntnning thence North 84 037'34" East 102.58 feet to a point; running thence South 5111'49" East 110.81 feet to a point; running thence North 84032'12" East 9.94 feet to a point; running thence South 5032'41'East 271.77 feet to a paint and place of BEGINNING. BEING part of Lot 5, Wilmington Market Place as recorded in Map Book 28, Page 2g, and being a 6.24 acre tract of land as shown on thee survey et7titled, "Recombination of Existing Parcels for New Market, LLC" prepared by Sherwin D. Cribb, Registered Lard Surveyor, dated Marcie 24, 2005. Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 12 Parcel B- R04916- 003 - 007 -000 BEGINNING at a point being located on the northerly right- of-way of Market Place Drive and being the southwesterly corner of the property owned by New Hanover County, as recorded in Deed Book 3392, Page 655; running thence South 84E 51' 50" West 167 78 feet to a point, running thence along a curve to the left having a chord distance of 15 54 feet South 83E 33' 18" West to a point, running thence North 05E 32'40" West 271.77 feet to a point, running thence South 84E 32' 12" West 9 94 feet to a point, running thence North 05E 27'48" West 9 89 feet to a point, running thence North 05E 27'48" West 24 40 feet to a point, running thence North 84E 32' 11" East 0 51 feet to a point, running thence North 05E 2748" West 76 51 feet to a point, running thence South 84E 37'34" West 102 58 feet to a point; ruining thence South 05E 34,13" East 0 35 feet to a point; running thence North 50E 25'5 1" West 6.05 feet to a point, running thence South 82E 12'45" West 2 05 feet to a point, running thence North 05E 33'27" West 22 06 feet to a point, running thence North 84E 26' 33" East 2 00 feet to a point; running thence North 39E 26' 33" East 6 10 feet to a point, running thence South 05B 34' 17" East 0 40 feet to a point, running thence North 84E 32'09" East 102 63 feet to a point, running thence North 05E 28' 50" West 133.19 feet to a point, running thence North 84E 31' 10" East 12 07 feet to a point, running thence North 05E 32'50" East 91.78 feet to a point, running thence North 18E 16'20' East 79 57 feet to a point, running thence North 05E 32'50" West 1120 feet to a point, running thence North 31E 33'41" West 182 22 feet to a point, running thence North 36E 43' 09" West 20 35 feet to a point, running thence North 39E 28' 14" East 30.00 feet to a point, running thence South 50E 31' 46" East 30.00 feet to a point, running thence South 43E 05'25" East 78 81 feet to a point, running thence North 83E 44' 13" East 33 24 feet to a point, running thence North 06E 15'47" West 143 42 feet to a point located in the southerly boundary of Lot 2 of Fisherville, recorded in Map Book 67, Page 101, running thence with the southerly boundary of said lot, North 84E 25' 53" East 232 68 feet to a point located at the southeast corner of said Lot 2, running thence South 05E 38'40" East 185 00 feet to a point, running thence South 84E 25'53" West 131.88 feet to a point, running thence South 05E 28' 50" East 370 81 feet to a point, running thence South 50E 28' 51" East 20.76 feet to a point; running thence South 05E 28' 50" East 32 96 feet to a point, running thence South 39E 31' 09" West 20.76 feet to a point, running thence South 05E 28'50" East 84 36 feet to a point, running thence North 84E 31' 10" East 16 54 feet to a point, running thence South 05E 28'50" East 282 51 feet to a point and place of BEGINNING, as shown on a survey entitled "Map of Reconfiguration of Previously Divided Lot. for New Market, LLU dated January 3, 2003, prepared by Sherwin D Cribb and being recorded in Map Book q 3 , Page 3 6f, New Hanover County Registry of Deeds Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 13 Parcel C- R05013- 008 - 043 -002 In the City of Wilmington, New Hanover County, North Carolina, beginning at an iron pipe located North 22 degrees 28 minutes 10 seconds East 986.75 feet, North 84 degrees 27 minutes 10 seconds East 257.4 feet, and North 84 degrees 50 minutes East 257.4 feet from the intersection of the Easterly line of Lot 1, Section 1 -A, College Acres, with the Northern line of Oriole Drive (60 foot right -of -way) as shown on the map of Section 1 -A, College Acres, recorded in Map Book 8 at Page 79 of the New Hanover County Registry; running thence from said beginning point, so located, North 5 degrees 28 minutes 50 seconds West 342.28 feet to a point; running thence South 84 degrees 31 minutes 10 seconds West 16.54 feet to a point; running thence North 5 degrees 28 minutes 50 seconds West 84.36 feet to a point; running thence North 39 degrees 31 minutes 10 seconds East 20.76 feet to a point; running thence North 5 degrees 28 minutes 50 seconds West 32.96 feet to a point; running thence North 50 degrees 28 minutes 50 seconds West 20.76 feet to a point; running thence North 5 degrees 28 minutes 50 seconds West 370.81 feet to a point; running thence North 84 degrees 25 minutes 53 seconds East 131.88 feet to a point; running thence South 5 degrees 3B minutes 40 seconds East 164.11 feet to a point; running thence North 70 degrees 40 minutes 48 seconds East 146.96 feet to a point, running thence South 6 degrees 17 minutes 47 seconds East 732.55 feet to a point; running thence South 84 degrees 50 minutes West 268.93 feet to the POINT OF BEGINNING, and containing 4.89 acres, more or less. Being all of Lot No. 6 and that portion of Market Place Drive adjacent thereto as shown on Plat recorded in Book 28 at Page 31 of the New Hanover County Registry. Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 14 EXHIBIT B Approximate Planned Subdivision of Parcel 1 and Parcel 2 4 JJ , _ _ I I J Li i I .t !J J COVERNMENT CENTER Wk—gl � tip_ Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 15 F I I I I I I EXHIBIT C Project Plans for Government Center Improvements New Hanover County Government Center C +S Architectural Permit Set drawings and Specifications prepared by LS3P; dated 10. 16.20 2. New Hanover County Government Center C +S Structural Permit Set drawings prepared by LS3P and Citadel Contractors; dated 10. 16.20 3. New Hanover County Government Center civil site design 90% TRC plans prepared by Sepi Engineering & Construction Inc; dated 10. 1.20 4. New Hanover County Government Center Tenant Improvement -80% Construction Document drawings prepared by LS3P; dated 11.20.20 5. The above referenced plans and associated work being subject to the New Hanover Government Center Redevelopment Outline Specifications and Clarifications prepared by Thomas Construction Group; dated 11.25.20 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 16 EXHIBIT D Anticipated Project Budget for Government Center Improvements Project Name: New Hanover County GSF 136,590 ND: 4843 - 3880 -6227, v. 9 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 17 COST/ COST SUMMARY TOTAL COST GSF DESIGN & ENGINEERING $3,582,166 $26.23 CONSTRUCTION $39,533,161 $289.43 ADMINISTRATIVE $60,500 S0.44 MARKETING $7,000 $0.05 PROFESSIONAL FEES $260,000 $1.90 PROJECT MANAGEMENT FEES $2,500,000 $18.30 TOTAL $45,942,827 $336.36 ND: 4843 - 3880 -6227, v. 9 Board of Commissioners - January 19, 2021 ITEM: 19- 2 - 17 CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY REDEVELOPMENT OF THE GOVERNMENT CAPITAL PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) plans to enter into a development agreement with Cape Fear FD Stonewater, and the County will issue debt to fund the Redevelopment of the Government Center, which capital project involves the construction and /or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159 -13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 4. This declaration of official intent is made pursuant to Section 1.150 -2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute Section 159 -13.2. 2. The project undertaken pursuant to this ordinance is the Redevelopment of the Government Center, which project is herewith authorized. 3. The revenue that will finance said project is: Installment Loan Proceeds $ 53,574,040 Total S 53,574 040 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $ 53,574,040 Total S 53,574 040 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 19th day of January, 2021. Kymberleigh G. Crowell Julia Olson - Boseman, Chair Clerk to the Board of Commissioners Board of County Commissioners Board of Commissioners - January 19, 2021 ITEM: 19- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Public Hearing on Proposed $91,000,000 Financing of Improvement Projects and Adoption of Approving Resolution BRIEF SUMMARY: At a regular meeting of the Board of Commissioners on December 7, 2020, the Board adopted the Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto and Providing for Certain Other Related Matters Thereto. The Board determined that it is in the best interest of the County to enter into an installment financing contract to pay the capital costs of constructing a long -term peer -led recovery facility, constructing a new government center facility, installing storm water infrastructure, and purchasing capital equipment needs for the county and the schools. It also determined that is in the best interest of the County to refinance the outstanding loan the County has with Branch Banking and Trust. A public hearing must be held concerning the Third Contract Amendment, the Notice of Extension, the proposed 2021 Projects and any other transactions contemplated therein and associated therewith. An approving resolution must also be adopted which among other things authorizes the Official Statement, the Third Contract Amendment, and the Second Notice of Extension, which drafts are included in this agenda item. It also authorizes the Chair, the County Manager and the Chief Financial Officer to act as the County's representatives on this transaction. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold public hearing and adopt approving resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Conducted public hearing. Adopted the approving resolution 5 -0. Board of Commissioners - January 19, 2021 ITEM: 20 SCRIPT FOR AGENDA ITEM January 19, 2021 Chairman Olson - Boseman: Pursuant to General Statute 143- 128.1C, before considering a development agreement, the board shall hold a public hearing at which time any persons who wish to be heard may appear. The Board will now hear public comments and open the floor to Board discussion. Hear comments, if any, including written comments received to dote. I will now close the public hearing. Is there a motion to approve the development agreement with Cape Fear FD Stonewater LLC and authorize staff to execute said agreement and associated closing documents? Motion: Second: Vote: Board of Commissioners - January 19, 2021 ITEM: 20- 1 - 1 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT AND A NOTICE OF EXTENSION TO A DEED OF TRUST AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State "); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered (1) an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract") with the New Hanover Financing Corporation (the "Corporation "), the proceeds of which were used to finance the Projects (as defined in the 2010 Contract), including, among other things, the acquisition and renovation of a portion of the County's government center complex (the "Government Center") in 2005 and 2007 and acquisition of the County's judicial building in 2000 and a 5 -story expansion of the judicial building in 2002 (the `Judicial Building "); (2) a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 (the "Original Deed of Trust ") granting a lien on the sites of the Government Center and the Judicial Building, as modified by a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 (the "First Notice of Extension ") extending the lien of the Original Deed of Trust to the site of the Juvenile Justice Facility (as defined in the Second Contract Amendment) and a Deed of Partial Release dated as of February 1, 2020 (the "Deed of Partial Release ") releasing the lien on the Government Center from the Original Deed of Trust; (3) Amendment Number One to the Contract dated as of September 1, 2012 (the "First Contract Amendment') with the Corporation, the proceeds of which were used to refinance the 2003 Projects (as defined in the First Contract Amendment); and (4) Amendment Number Two to the 2010 Contract dated as of February 1, 2020 (the "Second Contract Amendment ") with the Corporation, the proceeds of which were used to finance the 2020A Projects (as defined in the Second Contract Amendment); WHEREAS, the Board has previously determined that it is in the best interest of the County to enter into (1) Amendment Number Three to the 2010 Contract (the "Third Contract Amendment" and collectively with the 2010 Contract, the First Contract Amendment and the Second Contract Amendment, the "Contract ") with the Corporation to pay the capital costs of (a) (i) acquisition, construction, and equipping of a 200 -bed long -term addiction treatment center to be located in the County known as the "Healing Place," (ii) acquisition, construction, and equipping of a new government center complex for the County (the "New Government Center "), (iii) construction of stormwater management improvements, and (iv) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes (collectively, the "2021 Projects") and (b) refinancing the County's obligations related to an installment financing contract with Branch Banking & Trust Company dated February 9, 2018 (the "2018 Contract "), and (2) a notice of extension to the Original Deed of Trust (the "Second Notice of Extension" and together with the Original Deed of Trust, the First Notice of Extension, and the Deed of Partial Release, the "Deed of Trust ") extending the lien to the site of the New Government Center; WHEREAS, the Corporation will execute and deliver its Limited Obligation Bonds, Series 2021 (the "Bonds ") in an aggregate principal amount not to exceed $91,000,000, evidencing proportionate Board of Commissioners - January 19, 2021 ITEM: 20- 2 - 1 undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the Contract, under the terms of the 2010 Indenture, as supplemented by Supplemental Trust Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement, "), Supplemental Indenture, Number 2 dated February 1, 2020 (the "Second Supplement ") and Supplemental Indenture, Number 3 to be dated on or about March 1, 2021 (the "Third Supplement" and together with the 2010 Indenture, the First Supplement, and the Second Supplement, the `Indenture "), each between the Corporation and the U.S. Bank National Association, as trustee (the "Trustee "); WHEREAS, in connection with the sale of the Bonds by the Corporation to PNC Capital Markets LLC (the "Underwriter "), the Corporation will enter into a Contract of Purchase to be dated on or about February 18, 2021 (the "Contract of Purchase ") between the Corporation and the Underwriter, and the County will execute a Letter of Representation to the Underwriter with respect to the Bonds (the "Letter of Representation "); WHEREAS, there have been described to the Board the forms of the following documents (collectively, the "Instruments "), copies of which have been made available to the Board, which the Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing: (1) the Third Contract Amendment; (2) the Third Supplement; (3) the Contract of Purchase; (4) the Letter of Representation; (5) the Second Notice of Extension WHEREAS, to make an offering and sale of the Bonds, there will be prepared a Preliminary Official Statement with respect to the Bonds (the "Preliminary Official Statement"), a draft thereof having been presented to the Board, and a final Official Statement relating to the Preliminary Official Statement (together with the Preliminary Official Statement, the "Official Statement"), which Official Statement will contain certain information regarding the County; WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an appropriate form and is an appropriate instrument for the purposes intended; WHEREAS, a public hearing on the Third Contract Amendment, the Second Notice of Extension, and the 2021 Projects to be financed thereby after publication of a notice with respect to such public hearing must be held and the Board conducted such public hearing at this meeting; WHEREAS, the County has filed an application to the LGC for approval of the Third Contract Amendment; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel, will render an opinion to the effect that entering into the Third Contract Amendment and the transactions contemplated thereby are authorized by law; 2 Board of Commissioners - January 19, 2021 ITEM: 20- 2 - 2 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification oflnstruments. All actions of the County, the Chair of the Board (the "Chair "), the Clerk to the Board (the "Clerk"), the County Manager, the Chief Financial Officer of the County, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing, including the making of application to the LGC, are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Authorization of the Official Statement. The form, terms and content of the Preliminary Official Statement are in all respects authorized, approved and confirmed, and the use of the Preliminary Official Statement and of the final Official Statement by the Underwriter in connection with the sale of the Bonds is hereby in all respects authorized, approved and confirmed. The Chair, the County Manager and the Chief Financial Officer (collectively, the "Authorized Officers ") are hereby authorized and directed, individually and collectively, to deliver, on behalf of the County, the Official Statement in substantially such form, with such changes, insertions and omissions as he or she may approve. Section 3. Authorization to Execute the Third Contract Amendment. The County hereby approves the financing of the 2021 Projects in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Third Contract Amendment are hereby in all respects authorized, approved and confirmed, and the Chair, the Clerk and the County Manager and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Third Contract Amendment, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Third Contract Amendment presented to the Board. From and after the execution and delivery of the Third Contract Amendment, the Chair, the Clerk, the County Manager and the Chief Financial Officer of the County are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Third Contract Amendment as executed. Section 4. Authorization to Execute the Second Notice of Extension. The County approves the form and content of the Second Notice of Extension, and the Second Notice of Extension is in all respects authorized, approved and confirmed. The Chair, the Clerk and the County Manager and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Second Notice of Extension, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they deem necessary, desirable or appropriate. Execution by the Chair, the Clerk, and the County Manager or their respective designees constitutes conclusive evidence of the County's approval of any and all such changes, modifications, additions or deletions therein from the form and content of the Second Notice of Extension presented to the Board, and from and after the execution and delivery of the Second Notice of Extension, the Chair, the Clerk, the County Manager and the Chief Financial Officer of the County are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Second Notice of Extension as executed. Board of Commissioners - January 19, 2021 ITEM: 20- 2 - 3 Section 5. Letter of Representation. The form and content of the Letter of Representation are hereby in all respects approved, and the Authorized Officers are authorized to execute the Letter of Representation for the purposes stated therein. Section 6. County Representative. The Authorized Officers are hereby designated as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Instruments and the Preliminary Official Statement, and the Authorized Officers are authorized to proceed with financing the 2021 Projects in accordance with the Instruments and the Preliminary Official Statement and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The County Manager and the Chief Financial Officer are hereby authorized, individually and collectively, to select a co- managing underwriter for the Bonds if they determine such selection to be in the best interests of the County. The County's representatives or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate to consummate the transactions contemplated by the Instruments and the Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution and to administer the transactions contemplated by this Resolution after the execution and delivery of the Bonds. Section 7. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 8. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 9. Effective Date. This Resolution is effective on the date of its adoption. 4 Board of Commissioners - January 19, 2021 ITEM: 20- 2 - 4 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT AND A NOTICE OF EXTENSION TO A DEED OF TRUST AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of New Hanover, North Carolina in regular session convened on the 19t' day of January, 2021, as recorded in the minutes of the Board of Commissioners of the County of New Hanover, North Carolina. WITNESS, my hand and the seal of the County of New Hanover, North Carolina, this the day of January, 2021. (SEAL) Kym Crowell, Clerk to the Board of Commissioner County of New Hanover, North Carolina Board of Commissioners - January 19, 2021 ITEM: 20- 2 - 5 PARKER POE DRAFT 12/28/2020 AMENDMENT NUMBER THREE TO THE INSTALLMENT FINANCING CONTRACT THIS AMENDMENT NUMBER THREE TO THE INSTALLMENT FINANCING CONTRACT dated as of March 1, 2021, by and between NEW HANOVER COUNTY FINANCING CORPORATION (the "Corporation "), a nonprofit corporation duly created and existing under the laws of the State of North Carolina, and the COUNTY OF NEW HANOVER, NORTH CAROLINA, a political subdivision duly organized under the laws of the State of North Carolina (the "County "), amending an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract ") between the Corporation and the County, as previously amended by Amendment Number One to the Contract dated as of September 1, 2012 (the "First Amendment ") and Amendment Number Two to the Contract dated as of February 1, 2020 (the "Second Amendment" and together with the 2010 Contract, the First Amendment, and this Third Amendment, the "Contract "); WITNESSETH: WHEREAS, the Corporation and the County entered into the Contract for the purposes outlined therein; WHEREAS, the Corporation has previously executed and delivered (1) Refunding Limited Obligation Bonds (New Hanover County Projects), Series 2010, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $49,835,000, all under an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture ") between the Corporation and U.S. Bank National Association, as trustee (the "Trustee ") in order to finance the Projects (as defined in the Contract),(2) Refunding Limited Obligation Bonds (County of New Hanover), Series 2012, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $20,540,000, under Supplemental Indenture, Number I dated as of September 1, 2012 (the "First Supplement ") in order to refinance the 2003 Projects (as defined in the First Amendment), and (3) Limited Obligation Bonds, Series 2020A, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $37,210,000, under Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement' and together with the First Supplement, the "Prior Supplements ") in order to finance the 2020A Projects (as defined in the Second Amendment); WHEREAS, the County has determined that it is in its best interest to pay the capital costs of (1) (a) acquisition, construction, and equipping of a 200 -bed long -term addiction treatment center to be located in the County known as the "Healing Place," (b) acquisition, construction, and equipping of a new government center complex for the County (the "New Government Center "), (c) construction of stormwater management improvements, and (d) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes (collectively, the "2021 Projects ") and (2) refinancing its obligations related to a Financing Agreement and Deed of Trust dated as of February 9, 2018 between the County and Branch Banking and Trust Company (the "Refunded 2018 Contract'), the proceeds of which were used to finance the Ogden Fire Station and the Pine Valley Branch Library; WHEREAS, under the 2010 Indenture, Additional Bonds (as defined therein) may be executed and delivered in order to pay (1) the cost of expanding the Projects or acquiring, constructing, renovating and equipping other facilities or acquiring equipment and other capital assets for utilization by the County for public purposes; (2) the cost of refunding of all or any portion of the Bonds then Outstanding (as defined therein) or any other installment financing obligations of the County, provided such a refunding does not Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 1 result in a reduction in the bond rating assigned to the Outstanding Bonds by Moody's or S &P (each as defined therein), and (3) the Costs of Delivery (as defined therein) relating to the execution, delivery and sale of the Additional Bonds; WHEREAS, to pay (1) the cost of acquiring, constructing, renovating and equipping facilities and acquiring equipment and other capital assets for utilization by the County for public purposes and (2) the cost of refunding of all or any portion of installment financing obligations of the County, the County wishes to amend the Contract as permitted under Section 9.04 of the 2010 Indenture; NOW, THEREFORE, THIS AMENDMENT NUMBER THREE TO THE INSTALLMENT FINANCING CONTRACT WITNESSETH. Section 1. Definitions. Capitalized, undefined terms used herein have the meaning assigned to them in the 2010 Contract, the 2010 Indenture, the Prior Amendments, the Prior Supplements, and the Third Supplement. In addition, the following words and terms used herein have the meanings set forth below: "First Notice of Extension" means the Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 from the County, as Grantor, to a deed of trust trustee for the benefit of the Corporation, as Beneficiary, extending the lien of the 2010 Deed of Trust to the site of the Juvenile Justice Facility. "New Government Center" means the County's redeveloped government center complex to be constructed at 230 Government Center Drive, Wilmington, North Carolina that will house County offices, including an emergency operations and 911 center, and will be attached to a mixed use development. "Prior Amendments" means the First Amendment and the Second Amendment. "Prior Supplements" means the First Supplement and the Second Supplement. "Second Notice of Extension" means the Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 from the County, as Grantor, to a deed of trust trustee for the benefit of the Corporation, as Beneficiary, extending the lien of the 2010 Deed of Trust to the site of the New Government Center. "Third Amendment" means this Amendment Number Three to the Installment Financing Contract dated as of March 1, 2021 between the Corporation and the County, and any amendments or supplements hereto, including the Payment Schedule attached hereto, amending the Contract. "Third Supplement" means Supplemental Indenture, Number 3 dated as of March 1, 2021, between the Corporation and the Trustee and any amendments or supplements thereto, supplementing and amending the 2010 Indenture. "2021 Projects" means, collectively, (1) acquisition, construction, and equipping of a 200 -bed long -term addiction treatment center to be located in the County known as the "Healing Place," (2) acquisition, construction, and equipping the New Government Center, (3) construction of stormwater management improvements, and (4) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes, all of which will become part of the Projects. 2 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 2 Section 2. Amendments to the Contract. (a) The definitions of the following words in the Contract are replaced with the following definitions: "Contract" means, collectively, the 2010 Contract, the First Amendment, the Second Amendment, and the Third Amendment. "Deed of Trust" means, collectively, the 2010 Deed of Trust, the First Notice of Extension, and the Second Notice of Extension. "Projects" means, collectively, (1) projects refinanced with the proceeds of the 2010 Bonds and the 2012 Bonds, (2) the 2020A Projects, and (3) the 2021 Projects. "Purchase Price" means the amount of $[ advanced by the Corporation to enable the County to finance and refinance the capital costs of the Projects under the terms of the Contract, as such price may be adjusted in connection with the execution and delivery of Additional Bonds under Section 2.11 of the 2010 Indenture. (b) Section 3.5 of the Contract is deleted in its entirety and replaced with the following paragraph: "(a) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2010 Bonds on any date on or after February 1, 2020, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2010 Bonds plus accrued interest to the prepayment date. (b) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2012 Bonds on any date on or after February 1, 2022, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2012 Bonds plus accrued interest to the prepayment date. (c) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2020A Bonds on any date on or after February 1, 2030, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2020A Bonds plus accrued interest to the prepayment date. (d) [If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2021 Bonds on any date on or after August 1, 20_, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2021 Bonds plus accrued interest to the prepayment date.] Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 3 (e) If the Purchase Price is partially prepaid, the Trustee shall recalculate the Payment Schedule as necessary in the manner required by Section 3.07 of the Indenture." (c) Section 4.1 of the Contract is hereby replaced in its entirety by the following: "Section 4.1. Disbursements. The Trustee shall disburse money held in the Acquisition and Construction Fund for payment of Costs of Acquisition and Construction on receipt of written requisition from the County Representative in the form set forth in Exhibit A, attached hereto, together with any documents or other items as the Trustee may reasonably determine to be necessary. To the extent any funds remain in the 2020A Bonds Account of the Acquisition and Construction Fund on completion of the 2020A Projects, the Trustee shall dispose of such fiends as provided in Section 4.3 of the Second Supplement. To the extent any funds remain in the 2021 Bonds Account of the Acquisition and Construction Fund on completion of the 2021 Projects, the Trustee shall dispose of such funds as provided in Section 4.3 of the Second Supplement." (d) The form of requisition attached hereto as Exhibit A replaces the form of requisition provided as Exhibit A to the Contract and all references in the Contract to Exhibit A shall be read to apply to Exhibit A attached hereto. Section 3. Funds. The Corporation will cause the proceeds from the 2021 Bonds to be applied and deposited as set forth in Section 4.2 of the Third Supplement. The Trustee shall disburse money held in the 2021 Bonds Account of the Acquisition and Construction Fund to pay Costs of Acquisition and Construction relating to the 2021 Bonds on receipt of written requisition in the form set forth in Exhibit A attached hereto, together with any documents or other items as the Trustee may reasonably determine to be necessary. Section 4. Payment Schedule. The Payment Schedule attached to the Contract is replaced by the Payment Schedule attached hereto, and after the date of this Third Amendment, the County agrees to make all Installment Payments in the amounts and at the times shown in the Payment Schedule attached hereto. Section S. Continuing Disclosure Obligation. With respect to the 2021 Bonds, the County agrees, in accordance with Rule 15c2 -12 (the "Rule ") promulgated by the Securities and Exchange Commission (the "SEC"), to provide: (1) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2021, to the Municipal Securities Rulemaking Board (the "MSRB "), the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2021, to the MSRB, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY - -DEBT INFORMATION" and " - -TAx INFORMATION" (including subheadings thereunder) in the Official Statement dated C! Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 4 February 18, 2021 with respect to the 2021 Bonds (excluding, in each case, any information on overlapping or underlying units), to the extent such items are not included in the audited financial statements referred to in (1) above; (3) in a timely manner not in excess of 10 business days after the occurrence of the event, to the MSRB, notice of any of the following events with respect to the 2021 Bonds: (a) principal and interest payment delinquencies; (b) non - payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the 2021 Bonds, or other material events affecting the tax status of the 2021 Bonds; (g) modification of the rights of the Beneficial Owners of the 2021 Bonds, if material; offers; (h) call of any of the 2021 Bonds, if material, and tender (i) defeasance of any of the 2021 Bonds; 0) release, substitution or sale of any property securing repayment of the 2021 Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the County; (m) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 5 (n) appointment of a successor or additional trustee or the change of name of a trustee, if material; and (o) incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect securities holders, if material; and (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (4) in a timely manner, to the MSRB, notice of a failure of the County to provide required annual financial information described in (1) or (2) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees that its undertaking under this paragraph is intended to be for the benefit of the Owners and the beneficial owners of the 2021 Bonds and is enforceable by the Trustee or by any of them, including an action for specific performance of the County's obligations under this paragraph, but a failure to comply will not be an Event of Default and will not result in acceleration of the principal component of Installment Payments. An action must be instituted, had and maintained in the manner provided in this paragraph for the benefit of all of the Owners and beneficial owners of the 2021 Bonds. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) Any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; and (3) any such modification does not materially impair the interest of the Owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the Owners of a majority in principal amount of the 2021 Bonds the Outstanding pursuant to the Indenture as may be amended from time to time. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. M Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 6 All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the U.S. Securities and Exchange Commission in lieu of the manner described above. The provisions of this paragraph terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest with respect to the 2021 Bonds. Section 6. Representations, Warranties and Covenants of the County and the Corporation. The County hereby represents and warrants that the representations, warranties and covenants in Section 8.1 of the Contract are true and correct as of the date of the execution and delivery of this Third Amendment as if made on the date of the execution and delivery of this Third Amendment. The Corporation hereby represents and warrants that the representations and warranties in Section 8.2 of the Contract are true and correct as of the date of the execution and delivery of this Third Amendment as if made on the date of the execution and delivery of this Third Amendment. Section 7. Arbitrage and Tax Covenants. The County covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from gross income of the recipient thereof for federal income tax purposes of that portion of the interest components of the Installment Payments intended as of the date hereof to be excluded from gross income of the recipient thereof for federal income tax purpose and, if it should take or permit, or omit to take or cause to be taken, any such action, the County will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. The County acknowledges that the continued exclusion of that portion of the interest on the interest component of the Installment Payments from the Owner's gross income for federal income tax purposes intended as of the date hereof to be excluded from gross income of the recipient thereof for federal income tax purpose depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code. The County covenants that it will comply with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2021 Bonds or other funds under its control or under any fund created in the Indenture to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2021 Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code. The County covenants that it will comply and will direct the Trustee to comply with the investment instructions in the Tax Certificate with respect to the 2021 Bonds. [SIGNATURES BEGIN ON FOLLOWING PAGE] 7 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 7 IN WITNESS WHEREOF, the Corporation and the County have caused this Third Amendment to be executed in their respective names and their respective seals to be hereto affixed and attested by their duly authorized officials or officers, all as of the date first above written. [SEAL] Attest: Chris Coudriet Secretary NEW HANOVER COUNTY FINANCING CORPORATION Julia Olson - Boseman President [SIGNATURES CONTINUED ON FOLLOWING PAGES] Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 8 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER THREE TO THE INSTALLMENT FINANCING CONTRACT BETWEEN NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] COUNTY OF NEW HANOVER, NORTH CAROLINA [SEAL] Attest: Kym Crowell Clerk to the Board of County Commissioners Chris Coudriet County Manager [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 9 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 9 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER THREE TO THE INSTALLMENT FINANCING CONTRACT BETWEEN NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] Consented to and Accepted: U.S. BANK NATIONAL ASSOCIATION, as Trustee Shawna L. Hale Vice President [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 10 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 10 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER THREE TO THE INSTALLMENT FINANCING CONTRACT BETWEEN NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] THIS CONTRACT AMENDMENT HAS BEEN APPROVED UNDER THE PROVISIONS OF THE NORTH CAROLINA GENERAL STATUTES, § 159 -152. Sharon Edmundson Secretary of the Local Government Commission Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 11 INSTALLMENT PAYMENT SCHEDULE — 2010 BONDS PS -1 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 12 PRINCIPAL INTEREST DATE COMPONENT COMPONENT TOTAL PAYMENT 06/01/2021 - $ 216,750.00 $ 216,750.00 12/01/2021 $ 3,835,000.00 216,750.00 4,051,750.00 06/01/2022 - 120,875.00 120,875.00 12/01/2022 3,835,000.00 120,875.00 3,955,875.00 06/01/2023 - 25,000.00 25,000.00 12/01/2023 335,000.00 25,000.00 360,000.00 06/01/2024 - 16,625.00 16,625.00 12/01/2024 335,000.00 16,625.00 351,625.00 06/01/2025 - 8,250.00 8,250.00 12/01/2025 330,000.00 8,250.00 338,250.00 $8,670,000.00 $775,000.00 $9,445,500.00 PS -1 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 12 INSTALLMENT PAYMENT SCHEDULE — 2012 BONDS PS -2 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 13 PRINCIPAL INTEREST DATE COMPONENT COMPONENT TOTAL PAYMENT 06/01/2021 - $ 168,275.00 $ 168,275.00 12/01/2021 $ 1,345,000.00 168,275.00 1,513,275.00 06/01/2022 - 141,375.00 141,375.00 12/01/2022 1,335,000.00 141,375.00 1,476,375.00 06/01/2023 - 114,675.00 114,675.00 12/01/2023 970,000.00 114,675.00 1,084,675.00 06/01/2024 - 92,850.00 92,850.00 12/01/2024 960,000.00 92,850.00 1,052,850.00 06/01/2025 - 71,250.00 71,250.00 12/01/2025 955,000.00 71,250.00 1,026,250.00 06/01/2026 - 47,375.00 47,375.00 12/01/2026 950,000.00 47,375.00 997,375.00 06/01/2027 - 23,625.00 23,625.00 12/01/2027 945,000.00 23,625.00 968,625.00 $7,460,000.00 $1,318,850.00 $8,778,850.00 PS -2 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 13 INSTALLMENT PAYMENT SCHEDULE — 2020A BONDS PS -3 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 14 INSTALLMENT INSTALLMENT TOTAL PAYMENT PRINCIPAL PAYMENT INTEREST INSTALLMENT DATE COMPONENT COMPONENT PAYMENT 08/01/2021 - $ 688,250.00 $ 688,250.00 02/01/2022 $ 3,935,000 688,250.00 4,623,250.00 08/01/2022 - 609,550.00 609,550.00 02/01/2023 3,930,000 609,550.00 4,539,550.00 08/01/2023 - 530,950.00 530,950.00 02/01/2024 3,445,000 530,950.00 3,975,950.00 08/01/2024 - 462,050.00 462,050.00 02/01/2025 3,445,000 462,050.00 3,907,050.00 08/01/2025 - 393,150.00 393,150.00 02/01/2026 3,105,000 393,150.00 3,498,150.00 08/01/2026 - 315,525.00 315,525.00 02/01/2027 3,105,000 315,525.00 3,420,525.00 08/01/2027 - 237,900.00 237,900.00 02/01/2028 1,280,000 237,900.00 1,517,900.00 08/01/2028 - 205,900.00 205,900.00 02/01/2029 1,280,000 205,900.00 1,485,900.00 08/01/2029 - 193,100.00 193,100.00 02/01/2030 1,275,000 193,100.00 1,468,100.00 08/01/2030 - 161,225.00 161,225.00 02/01/2031 850,000 161,225.00 1,011,225.00 08/01/2031 - 139,975.00 139,975.00 02/01/2032 850,000 139,975.00 989,975.00 08/01 /2032 - 118,725.00 118,725.00 02/01/2033 850,000 118,725.00 968,725.00 08/01/2033 - 97,475.00 97,475.00 02/01/2034 850,000 97,475.00 947,475.00 08/01/2034 - 80,475.00 80,475.00 02/01/2035 850,000 80,475.00 930,475.00 08/01/2035 - 63,475.00 63,475.00 02/01/2036 850,000 63,475.00 913,475.00 08/01/2036 - 46,475.00 46,475.00 02/01/2037 845,000 46,475.00 891,475.00 08/01/2037 - 29,575.00 29,575.00 02/01/2038 845,000 29,575.00 874,575.00 08/01/2038 - 20,068.75 20,068.75 02/01/2039 845,000 20,068.75 865,068.75 08/01/2039 - 10,034.38 10,034.38 02/01/2040 845,000 10,034.38 855,034.38 $ 33,280,000 $ 8,807,756.26 $ 42,087,756.26 PS -3 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 14 INSTALLMENT PAYMENT SCHEDULE — 2021 BONDS [TO UPDATE AT PRICING] INSTALLMENT INSTALLMENT TOTAL PAYMENT PRINCIPAL PAYMENT INTEREST INSTALLMENT DATE COMPONENT COMPONENT PAYMENT 08/01/2021 02/01/2022 08/01/2022 02/01/2023 08/01/2023 02/01/2024 08/01/2024 02/01/2025 08/01/2025 02/01/2026 08/01/2026 02/01/2027 08/01/2027 02/01/2028 08/01/2028 02/01/2029 08/01/2029 02/01/2030 08/01/2030 02/01/2031 08/01/2031 02/01/2032 08/01/2032 02/01/2033 08/01/2033 02/01/2034 08/01/2034 02/01/2035 08/01/2035 02/01/2036 08/01/2036 02/01 /2037 08/01/2037 02/01/2038 08/01/2038 02/01/2039 08/01/2039 02/01/2040 PS -4 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 15 EXHIBIT A FORM OF REQUISITION ACQUISITION AND CONSTRUCTION FUND U.S. Bank National Association 5540 Centerview Drive, Suite 200 Raleigh, North Carolina 27606 Attention: Corporate Trust Services Re: Direction to Make Disbursements from the [2020A/2021 ] Bonds Account of the Acquisition and Construction Fund Ladies and Gentlemen: Pursuant to Section 3.15 of an Indenture of Trust dated as of June 1, 2010 (as amended, the "Indenture ") between New Hanover County Financing Corporation (the "Corporation ") and U.S. Bank National Association, as trustee (the "Trustee "), and Section 3 of [Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment") /Amendment Number Three to the Installment Financing Contract dated as of March 1, 2021 (the "Three Amendment"), amending an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract "), as previously amended, each between the Corporation and the County of New Hanover, North Carolina (the "County "), you are hereby directed to disburse from the [2020A/2021] Bonds Account of the Acquisition and Construction Fund referred to in the Indenture (the "[2020AI2021] Bonds Account ") the amount indicated below. The undersigned hereby certifies: This is requisition number from the [2020A/2021] Bonds Account. 2. The name and address of the person, firm or corporation to whom the disbursement is due is as follows: 3. The amount to be disbursed is $ 4. The purpose of the disbursement is to 5. The disbursement herein requested is for an obligation properly incurred, is a proper charge against the [2020A/2021] Bonds Account and has not been the basis of any previous disbursement. Dated this _ day of , 20 COUNTY OF NEW HANOVER, NORTH CAROLINA County Representative /W1 Board of Commissioners - January 19, 2021 ITEM: 20- 3 - 16 PARKER POE DRAFT 12/28/2020 NEW HANOVER COUNTY FINANCING CORPORATION and U.S. BANK NATIONAL ASSOCIATION, as Trustee SUPPLEMENTAL INDENTURE, NUMBER 3 Dated as of March 1, 2021 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 1 SUPPLEMENTAL INDENTURE, NUMBER 3 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ........................................................................................ ..............................2 ARTICLE II THE 2021 BONDS ................................................................................ ............................... 4 Section 2.1 Authorized Amount of 2021 Bonds ......................................... ..............................4 Section 2.2 General Terms of 2021 Bonds ................................................. ..............................4 Section 2.3 Delivery of 2021 Bonds .......................................................... ............................... 4 Section 2.4 Details of 2021 Bonds; Payment ............................................. ..............................4 Section 2.5. Arbitrage and Tax Covenants ................................................. ............................... 6 ARTICLE III PREPAYMENT OF 2021 BONDS .................................................... ............................... 7 Section 3.1. Prepayment Dates and Prices .................................................. ............................... 7 Section 3.2. Notice of Prepayment ............................................................. ............................... 8 Section3.3. Prepayments ............................................................................. ..............................9 Section3.4. Cancellation ............................................................................. ..............................9 Section 3.5. Delivery of New 2021 Bonds On Partial Prepayment of 2021 Bonds .................. 9 ARTICLE IV CREATION OF ACCOUNTS; APPLICATION OF 2021 BOND PROCEEDS ........ 11 Section 4.1 Creation of Accounts .............................................................. .............................11 Section 4.2. Application of Proceeds ........................................................ ............................... l l ARTICLE V MISCELLANEOUS ............................................................................. .............................12 Section 5.1. Parties Interested Herein ......................................................... .............................12 Section 5.2. Titles, Headings, Captions, Etc ............................................... .............................12 Section5.3. Severabil ity ............................................................................. .............................12 Section 5.4. Governing Law ....................................................................... .............................12 Section 5.5. Execution in Counterparts; Electronic Versions ..................... .............................12 Section 5.6. Full Force and Effect .............................................................. .............................12 Section 5.7. Consent of Initial Purchaser, Underwriter or Remarketing Agent ...................... 12 Section 5.8. Electronic Instructions; Electronic Signature ......................... .............................12 Section5.9. E- Verify .................................................................................. .............................13 Section 5.10. USA Patriot Act ...................................................................... .............................13 EXHIBIT A — FORM OF 2021 BOND ..................................................................... ............................A -1 i Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 2 SUPPLEMENTAL INDENTURE, NUMBER 3 THIS SUPPLEMENTAL INDENTURE, NUMBER 3 dated as of March 1, 2021 (together with any supplements and amendments hereto made in accordance herewith, this "Third Supplement "), is between NEW HANOVER COUNTY FINANCING CORPORATION (the "Corporation "), a nonprofit corporation duly created and existing under the laws of the State of North Carolina, and U.S. BANK NATIONAL, ASSOCIATION, as trustee, under the Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture "), between the Corporation and U.S. Bank National Association (the "Trustee "), being authorized to accept and execute trusts of the character herein set out under and by virtue of the laws of the State of North Carolina (the "State "). This Third Supplement supplements and amends the 2010 Indenture, as previously supplemented by Supplemental Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement ") and Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement" and together with the First Supplement, the "Prior Supplements "), each between the Corporation and the Trustee. WI TNESSE TH: WHEREAS, the Corporation proposes to execute and deliver a series of limited obligation bonds (the "2021 Bonds "), under the Indenture and this Third Supplement, and apply the proceeds of the 2021 Bonds to (1) pay the capital costs of (a) (i) acquisition, construction, and equipping of a 200 -bed long -term addiction treatment center to be located in the County known as the "Healing Place," (ii) acquisition, construction, and equipping of a new government center complex for the County (the "New Government Center"'), (iii) construction of stormwater management improvements, and (iv) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes (collectively, the "2021 Projects ") and (b) refinancing the County's obligations related to a Financing Agreement and Deed of Trust dated as of February 9, 2018 between the County and Branch Banking and Trust Company (the "Refunded 2018 Contract ") and (2) pay the costs related to the execution and delivery of the 2021 Bonds. NOW THEREFORE, in addition to the rights, titles and interests granted by the Corporation to the Trustee in the 2010 Indenture, the Prior Supplements, and the Third Supplement, the Corporation, in consideration of the mutual covenants and agreements contained in the 2010 Indenture, the Prior Supplements, and in this Third Supplement and for the benefit of the Owners, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in order to further secure the payment of the principal, premium, if any, and interest with respect to all Bonds at any time outstanding under the Indenture, according to their tenor and effect, and to secure the performance and observance of all the covenants and conditions in the Bonds and contained in the Indenture, and to declare the terms and conditions on and subject to which the Bonds are executed and delivered and secured, has executed and delivered the Indenture and has granted, warranted, aliened, remised, released, conveyed, assigned, pledged, set over and confirmed, and by these presents does grant, warrant, alien, remise, release, convey, assign, sell, set over and confirm unto the Trustee, and to its successors and assigns forever, all rights, title and interest of the Corporation in the Installment Payments received pursuant to the Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract "), as amended by Amendment Number One to the Installment Financing Contract dated as of September 1, 2012 (the "First Amendment "), Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment" and together with the First Amendment, the "Prior Amendments "), and Amendment Number Three to the Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment," and together with the 2010 Contract and the Prior Amendments, the "Contract "), each between the Corporation and the County; Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 3 NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein it is agreed as follows: ARTICLE I DEFINITIONS Except as provided herein, all defined terms contained in the 2010 Indenture, the 2010 Contract, the Prior Amendments, the Prior Supplements and the Third Amendment have the same meanings in this Third Supplement. In addition, the following words and terms, unless the context otherwise requires, have the following meanings: "Electronic Means " means delivery via the following communications methods: e -mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, and passwords and/or authentication keys. "Indenture" means, collectively, the 2010 Indenture and the Prior Supplements, as the same may be further amended and supplemented. "Interest Payment Date" means, with respect to the 2021 Bonds, each February 1 and August 1, beginning August 1, 2021. "Prior Amendments" means the First Amendment and the Second Amendment. "Refunded 2018 Contract" means the Financing Agreement and Deed of Trust dated as of February 9, 2018 between the County and Branch Banking and Trust Company, which provided advances in the aggregate principal amount of $9,073,400 to the County to finance the construction, acquisition, and equipping of the County's Ogden Fire Station and Pine Valley Branch Library. "Prior Supplements" means the First Supplement and the Second Supplement. "Tax Certificate" means, with respect to the 2021 Bonds, the Tax Certificate dated as of March 1, 2021, executed by and among the County, the Corporation and the Trustee to signify the acceptance of certain covenants and obligations necessary for the exclusion of interest with respect to the 2021 Bonds from the gross income of the owners thereof under the Internal Revenue Code of 1986, as amended. "Third Supplement" means this Supplemental Indenture, Number 3 dated as of March 1, 2021, between the Corporation and the Trustee and any amendments or supplements adopted in accordance with the terms of the 2010 Indenture and the Third Supplement. "2010 Indenture" means the Indenture of Trust dated as of June 1, 2010 between the Corporation and the Trustee. "2021 Bonds" means the Limited Obligation Bonds, Series 2021, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues Pursuant to the Contract, to be executed and delivered under this Third Supplement and the 2010 Indenture, the details of which are described in Section 2.4(a). "Underwriters" means, with respect to the 2021 Bonds, PNC Capital Markets LLC and r ]• 2 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 4 [END OF ARTICLE I] Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 5 ARTICLE II THE 2021 BONDS Section 2.1 Authorized Amount of 2021 Bonds. No 2021 Bonds may be executed and delivered under the provisions of this Third Supplement and the 2010 Indenture except in accordance with this Article. The total principal amount of 2021 Bonds that may be executed and delivered is hereby expressly limited to $[Amount], except as provided in Sections 2.08 and 2.09 of the 2010 Indenture. Section 2.2 General Terms of 2021 Bonds. The 2021 Bonds will be designated "Limited Obligation Bonds, Series 2021, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues Pursuant to an Installment Financing Contract between New Hanover County Financing Corporation and the County of New Hanover, North Carolina." The 2021 Bonds will be executed and delivered as fully registered Bonds in denominations of $5,000 or any integral multiple thereof. The 2021 Bonds will be numbered from R -1 upwards. The 2021 Bonds will be substantially in the form set forth in Exhibit A with such appropriate variations, omissions and insertions as are permitted or required by this Third Supplement. Section 2.3 Delivery of 2021 Bonds. Before the delivery by the Trustee of any of the 2021 Bonds, the items required under Section 2.11 of the 2010 Indenture must be filed with the Trustee. Section 2.4 Details of 2021 Bonds; Payment. The 2021 Bonds will mature on [August] 1 of the years and in the amounts and will bear interest (computed on the basis of a 360 -day year of twelve 30- day months) as follows: PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE YEAR AMOUNT RATE (a) Both the principal of and the interest on the 2021 Bonds and any premiums on the prepayment thereof prior to maturity are payable in any lawful coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. Each 2021 Bond shall bear interest until its principal sum has been paid, but if such 2021 Bond has matured or has been called for prepayment and the prepayment date has occurred and funds are available for the payment thereof in full in accordance with the terms of the 2010 Indenture, such 2021 Bond shall then cease to bear interest as of the maturity date or prepayment date. The 2021 Bonds will be dated as of their date of initial execution and delivery, except that 2021 Bonds issued in exchange for or on the registration of transfer of 2021 Bonds will be dated as of the Interest Payment Date preceding the day of authentication thereof, unless (1) the date of such authentication precedes July 16, 2021, in which case they will be dated as of their date of initial execution and delivery, (2) it is authenticated after a Record Date (as defined herein) and before the following Interest Payment Date, in which event interest with respect thereto shall be payable from such following Interest Payment Date or (3) the date of such 0 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 6 authentication is an Interest Payment Date to which interest on the 2021 Bonds has been paid in full or duly provided for in accordance with the terms of this Third Supplement and the 2010 Indenture, in which case they will be dated as of such Interest Payment Date; except that if, as shown by the records of the Trustee, interest on the 2021 Bonds is in default, 2021 Bonds executed and delivered in exchange for or on registration of transfer of 2021 Bonds will be dated as of the date to which interest on the 2021 Bonds has been paid in full. If no interest has been paid on the 2021 Bonds, 2021 Bonds executed and delivered in exchange for or on the registration of transfer of 2021 Bonds will be dated as of their date of initial execution and delivery. (b) The 2021 Bonds will be delivered by means of a book -entry system with no physical distribution of definitive 2021 Bonds made to the public. One definitive 2021 Bond for each maturity is to be delivered to The Depository Trust Company, New York, New York ("DTC'), and immobilized in its custody. A book -entry system will be employed, evidencing ownership of the 2021 Bonds in the denomination of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants (the "DTC Participants ") pursuant to rules and procedures established by DTC. Each DTC Participant will be credited in the records of DTC with the amount of such DTC Participant's interest in the 2021 Bonds. Beneficial ownership interests in the 2021 Bonds may be purchased by or through DTC Participants. The holders of these beneficial ownership interests are hereinafter referred to as the "Beneficial Owners." The Beneficial Owners will not receive definitive 2021 Bonds representing their beneficial ownership interests. The ownership interests of each Beneficial Owner will be recorded through the records of the DTC Participant from which such Beneficial Owner purchased its 2021 Bonds. Transfers of ownership interests in the 2021 Bonds will be accomplished by book entries made by DTC and, in turn, by DTC Participants acting on behalf of Beneficial Owners. SO LONG AS CEDE & CO., AS NOMINEE FOR DTC, IS THE REGISTERED OWNER OF THE 2021 BONDS, THE TRUSTEE SHALL TREAT CEDE & CO. AS THE ONLY OWNER OF THE 2021 BONDS FOR ALL PURPOSES UNDER THE 2010 INDENTURE AND THIS THIRD SUPPLEMENT, INCLUDING RECEIPT OF ALL PRINCIPAL AND PREMIUM, IF ANY, AND INTEREST ON THE 2021 BONDS, RECEIPT OF NOTICES, VOTING AND REQUESTING OR DIRECTING THE TRUSTEE TO TAKE OR NOT TO TAKE, OR CONSENTING TO, CERTAIN ACTIONS UNDER THE 2010 INDENTURE OR THIS THIRD SUPPLEMENT. Notwithstanding the provisions of paragraph (c) below, payments of principal, interest and premium, if any, with respect to the 2021 Bonds, so long as DTC is the only Owner of the 2021 Bonds, will be paid by the Trustee directly to DTC or its nominee, as provided in the Blanket Letter of Representation, from the County to DTC (the "Letter of Representation "). DTC will remit such payments to DTC Participants, and such payments thereafter will be paid by DTC Participants to the Beneficial Owners. The Trustee and the County are not and will not be responsible or liable for payment by DTC or DTC Participants, for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC or DTC Participants. If DTC determines not to continue to act as securities depository for the 2021 Bonds and a successor securities depository is not identified to replace DTC, the County will cause fully registered definitive 2021 Bonds to be delivered to DTC. The County may decide to discontinue use of the system of book -entry only transfers through DTC in accordance with DTC's rules and, in that event, the County will cause fully registered definitive 2021 Bonds to be delivered in accordance with DTC's rules and procedures. The County, the Corporation and the Trustee have no responsibility or obligation with respect to (1) the accuracy of any records maintained by DTC or any DTC Participant; (2) the payment by DTC or any DTC participant of any amount due to any beneficial owner in respect of the principal of and premium, if any, and interest on the 2021 Bonds; (3) the delivery or timeliness of delivery by DTC or any DTC Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 7 Participant of any notice due to any beneficial owner which is required or permitted under the terms of the Contract, the 2010 Indenture or this Third Supplement to be given to Owners; (4) the selection of beneficial owners to receive payments in the event of any partial prepayment of the 2021 Bonds; or (5) any consent given or other action taken by DTC or its nominee, as Owner. (c) The 2021 Bonds and any premiums on the prepayment thereof prior to maturity are payable at the principal corporate trust office of the Trustee on presentation and surrender. Interest on the 2021 Bonds will be paid by the Trustee by check or draft mailed on the Interest Payment Date to each Owner as its name and address appear on the register kept by the Trustee at the close of business on the fifteenth day (whether or not a Business Day) of the month next preceding an Interest Payment Date (the "Record Date "). At the written request of any Owner of at least $1,000,000 in aggregate principal amount of the 2021 Bonds, principal and interest may be payable by wire transfer at the address specified in writing by the Owner by the Record Date. As long as Cede & Co. or another DTC nominee is the registered owner of the 2021 Bonds, the Trustee shall make all payments with respect to the 2021 Bonds by wire transfer in immediately available funds. CUSIP number identification with appropriate dollar amounts for each CUSIP number shall accompany all payments of principal of, premium, if any, and interest on any 2021 Bonds, whether by check or by wire transfer. Section 2.5. Arbitrage and Tax Covenants. The Corporation covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from federal income taxation of the interest on the 2021 Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, the Corporation will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly on having knowledge thereof. The Corporation acknowledges that the continued exclusion of interest on the 2021 Bonds from an Owner's gross income for federal income tax purposes depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code. The Corporation covenants that it will comply, or cause the County to comply, with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2021 Bonds or other funds under their control be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2021 Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code. [END OF ARTICLE II] 6 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 8 ARTICLE III PREPAYMENT OF 2021 BONDS Section 3.1. Prepayment Dates and Prices. The 2021 Bonds are subject to prepayment, in whole or in part, as set forth below: (a) [Optional Prepayment. The 2021 Bonds maturing on or before August 1, 20 , are not subject to optional call and prepayment before maturity. The 2021 Bonds maturing after August 1, 20_, may be prepaid before their maturities, at the option of the County, from any funds that may be available for such purpose, either in whole or in part on any date on or after August 1, 20, at a prepayment price equal to 100% of the principal amount of 2021 Bonds to be so prepaid plus accrued interest to the prepayment date.] (b) [Mandatory Prepayment. The 2021 Bonds maturing on August 1, 20_ (the " 20 Term Bonds ") are subject to prepayment before maturity in part at the Prepayment Price of 100% of the principal amount thereof, without premium, on each August 1 in the years and in the amounts as follows: YEAR OF PRINCIPAL MATTTRTTY AmoiTNT * Maturity. The 2021 Bonds maturing on August 1, 20 (the " 20 Term Bonds') are subject to prepayment before maturity in part at the Prepayment Price of 100% of the principal amount thereof, without premium, on each August 1 in the years and in the amounts as follows: YEAR OF PRINCIPAL MATTTRTTY AmniTNT * Maturity. The 2021 Bonds maturing on August 1, 20_ (the " 20_ Term Bonds " and together with the 20_ Term Bonds and the 20_ Term Bonds, the "Term Bonds ") are subject to prepayment before maturity in part at the Prepayment Price of 100% of the principal amount thereof, without premium, on each August 1 in the years and in the amounts as follows: YEAR OF PRINCIPAL MATTTRTTY AmniTNT 7 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 9 * Maturity. At its option, to be exercised on or before the 45`h day next preceding any mandatory prepayment date for a maturity of a Term Bond, the Corporation may (a) deliver to the Trustee for cancellation, Term Bonds of such maturity or portions thereof in Authorized Denominations, or (b) receive a credit in respect of its mandatory prepayment obligation for such Term Bonds, respectively, in Authorized Denominations which before said date have been purchased or prepaid (otherwise than through mandatory prepayment pursuant to this paragraph) and canceled by the Trustee and not theretofore applied as a credit against any mandatory prepayment obligation. Each such Term Bonds or a portion thereof so delivered or previously purchased or prepaid and canceled by the Trustee will be credited by the Trustee at 100% of the principal amount thereof against the principal and interest requirement on such Term Bonds corresponding to such mandatory prepayment date. To the extent that the aggregate principal amount of such Term Bonds or portions thereof exceeds the principal amount due on such Term Bonds on such mandatory prepayment date, any excess over such amount shall be credited against future principal and interest requirements on such Term Bonds in the order of their respective due dates, and the principal amount of such Term Bonds so to be prepaid will be accordingly reduced. The Corporation will, or will cause the County to, on or before the 45' day next preceding each such mandatory prepayment date, furnish the Trustee with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding paragraph are to be availed of with respect to such mandatory prepayment.] (c) Selection. If called for prepayment in part, the 2021 Bonds to be prepaid shall be prepaid in such order as the County shall select and within the same maturity as selected by DTC pursuant to its rules and procedures or, if the book -entry system with respect to the 2021 Bonds is discontinued as provided in Section 2.4, by lot within a maturity in such manner as the Trustee in its discretion may determine. When 2021 Bonds are to be prepaid in part, the schedule of Installment Payments set forth in the Contract shall be recalculated as necessary by the Trustee in the manner required by Section 3.07 of the 2010 Indenture. The Trustee shall pay to the Owners of 2021 Bonds so prepaid the amounts due on their respective 2021 Bonds at the principal corporate trust office of the Trustee on presentation and surrender of the 2021 Bonds; provided, however, that, if prepaid in part, the 2021 Bonds may be prepaid only in multiples of $5,000. Prepayments shall be accompanied by a written designation prepared by the Trustee stating the portion of the payment representing the unpaid principal amount of the 2021 Bond immediately before the payment and the portion of the payment representing interest. Section 3.2. Notice of Prepayment. Notice of prepayment identifying the 2021 Bonds or portions thereof to be prepaid shall be given by the Trustee in writing not less than 30 days nor more than 60 days before the date fixed for prepayment (1) to the North Carolina Local Government Commission by Electronic Means or by Mail, (2)(A) to DTC or its nominee as permitted or required by DTC's rules and procedures or (2) if DTC or its nominee is no longer the Owner of the 2021 Bonds, by Electronic Means or by Mail to the then - registered Owners of 2021 Bonds or portions thereof to be prepaid at the last address shown on the registration books kept by the Trustee, and (3) to the Municipal Securities Rulemaking Board (the "MSRB ") through the MSRB's Electronic Municipal Market Access system or any other system pursuant to the procedures promulgated by the MSRB. Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 10 Notwithstanding the foregoing, (1) if notice is properly given, the failure to receive an appropriate notice shall not affect the validity of the proceedings for such prepayment, (2) the failure to give any such notice or any defect therein shall not affect the validity of the proceedings for the prepayment of the 2021 Bonds or portions thereof with respect to which notice was correctly given, and (3) the failure to give any such notice to the parties described in clause (1) or (3) in the preceding paragraph, or any defect therein, shall not affect the validity of any proceedings for the prepayment of the 2021 Bonds. Notice of prepayment shall specify, as applicable, (1) that the 2021 Bonds or a designated portion thereof are to be prepaid, (2) the CUSIP numbers of the 2021 Bond or 2021 Bonds to be prepaid (unless all the 2021 Bonds are being prepaid), (3) the prepayment date, (4) the prepayment price, (5) the prepayment agent's name and address, (6) the date of original execution and delivery date of the 2021 Bonds, (7) the interest rate with respect to the 2021 Bond, (8) the maturity date of the 2021 Bond and (9) if a prepayment in part, called amounts for prepaid bonds. Any notice mailed as provided in this Section is conclusively presumed to have been duly given, whether or not the Owner receives the notice. If at the time of mailing of notice of prepayment there has not been deposited with the Trustee money sufficient to prepay all the 2021 Bonds or portions thereof called for prepayment, which money is or will be available for prepayment of 2021 Bonds, such notice will state that it is conditional on the deposit of the prepayment money with the Trustee not later than the opening of business on the prepayment date, and such notice is of no effect unless such money is so deposited. Section 3.3. Prepayments. Before the date fixed for prepayment, funds shall be deposited with the Trustee to pay, and the Trustee is hereby authorized and directed to apply such funds to the payment of, the 2021 Bonds or portions thereof called, together with accrued interest thereon to the prepayment date and any required premium. On the giving of notice and the deposit of such funds for prepayment pursuant to this Third Supplement (which, in the case of prepayment under Section 3. 1, may be less than the full principal amount of the Outstanding 2021 Bonds and accrued interest thereon to the prepayment date), interest with respect to the 2021 Bonds or portions thereof thus called shall no longer accrue after the date fixed for prepayment. The 2021 Bonds or portions thereof called for prepayment are due and payable on the prepayment date at the prepayment price, together with accrued interest thereon to the prepayment date. If any required notice of prepayment has been given and moneys sufficient to pay the prepayment price, together with accrued interest thereon to the prepayment date and any required prepayment premium, have been deposited with the Trustee, the 2021 Bonds or portions thereof so called for prepayment cease to be entitled to any benefit or security under the Indenture and the Owners of such 2021 Bonds have no rights in respect of such 2021 Bonds or portions thereof so called for prepayment except to receive payment of the prepayment price and accrued interest to the prepayment date from such funds held by the Trustee. Anything in the Indenture to the contrary notwithstanding, if an Event of Default occurs and is continuing, there will be no prepayment of less than all of the 2021 Bonds Outstanding. Section 3.4. Cancellation. All 2021 Bonds which have been prepaid shall not be redelivered but shall be canceled and burned or otherwise destroyed by the Trustee in accordance with Section 2.10 of the Indenture. Section 3.5. Delivery of New 2021 Bonds On Partial Prepayment of 2021 Bonds. On surrender and cancellation of the 2021 Bonds called for prepayment in part only, a new 2021 Bond or 2021 Bonds of the same maturity and interest rate and of authorized denominations, in an aggregate principal 0 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 11 amount equal to the unprepaid portion thereof, shall be executed on behalf of the Corporation and authenticated and delivered by the Trustee. The expenses of such execution, authentication, delivery and exchange shall be paid by the County as Additional Payments under the Contract. [END OF ARTICLE III] 10 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 12 ARTICLE IV CREATION OF ACCOUNTS; APPLICATION OF 2021 BOND PROCEEDS Section 4.1 Creation of Accounts. (a) An account within the Acquisition and Construction Fund is created and established with the Trustee to be designated the "2021 Bonds Account." The Trustee shall deposit in the 2021 Bonds Account of the Acquisition and Construction Fund the amounts as set forth in Section 4.2 herein. (b) Two subaccounts within the Bond Fund are created and established with the Trustee: a subaccount of the Interest Account of the Bond Fund to be designated the "2021 Interest Account" and a subaccount of the Principal Account of the Bond Fund to be designated the "2021 Principal Account." (c) A "2021 Account" is hereby created within the Prepayment Fund and within the Rebate Fund. Section 4.2. Application of Proceeds. From the proceeds of the 2021 Bonds of $[ , the Trustee will (1) transfer $[ ] to Branch Banking & Trust Company to refund the Refunded 2018 Contract and (2) deposit $[ in the 2021 Bonds Account of the Acquisition and Construction Fund to pay Costs of Acquisition and Construction and Costs of Delivery relating to the 2021 Bonds. The Trustee will disburse the money in the Acquisition and Construction Fund in accordance with Article III of the 2010 Indenture, as previously amended by the Second Supplement. [END OF ARTICLE IV] Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 13 ARTICLE V MISCELLANEOUS Section 5.1. Parties Interested Herein. Nothing in this Third Supplement expressed or implied is intended or will be construed to confer on, or to give to any person other than the County, the Trustee, the Corporation and the Owners, any right, remedy or claim under or by reason of this Third Supplement or any covenant, condition or stipulation hereof and all the covenants, stipulations, promises and agreements in this Third Supplement contained by and on behalf of the Corporation or the Trustee will be for the sole and exclusive benefit of the County, the Trustee, the Corporation and the Owners. Section 5.2. Titles, Headings, Captions, Etc. The titles, captions and headings of the articles, sections and subdivisions of this Third Supplement have been inserted for convenience of reference only and will in no way modify or restrict any of the terms or provisions hereof Section 5.3. Severability. If any provision of this Third Supplement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. If any one or more of the provisions provided in this Third Supplement is construed to be invalid or unenforceable, the parties hereto shall, in the alternative, agree to replace such provision with a lawful provision which most nearly approximates the provision held to be invalid or unenforceable. Section 5.4. Governing Law. This Third Supplement is governed by and to be construed in accordance with the laws and constitution of the State. Section 5.5. Execution in Counterparts; Electronic Versions. This Third Supplement may be executed in any number of counterparts, by manual, facsimile, digital, electronic or .pdf file signatures, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument. An executed copy of this Third Supplement delivered by Electronic Means will be deemed to have the same legal effect as delivery of a manual signed copy of this Third Supplement. This Third Supplement and related documents may be sent by Electronic Means and stored electronically. Section 5.6. Full Force and Effect. Except as supplemented or amended by this Third Supplement or the Prior Supplements, all provisions of the 2010 Indenture, as amended, remain in full force and effect. Section 5.7. Consent of Initial Purchaser, Underwriter or Remarketing Agent. Any person that holds any 2021 Bond or Bond issued hereafter as an Owner, including an initial purchaser, underwriter or remarketing agent that holds such obligation with an intent to sell or distribute such obligation in the future, shall be deemed to be the Owner of such obligation for the purpose of giving any consent required under Article IX of the 2010 Indenture, including any consent to an amendment or supplemental indenture that adversely affects the interests of other Owners. Notwithstanding anything herein or in the 2010 Indenture to the contrary, neither the County nor any initial purchaser, underwriter or remarketing agent providing its consent to an amendment or supplemental indenture pursuant to Article IX of the 2010 Indenture shall be required to provide any prior notice or other documentation regarding such amendment or supplemental indenture to any Owner of any Bond. Section 5.8. Electronic Instructions; Electronic Signature. The Trustee shall accept and act upon instructions or directions pursuant to the Third Supplement sent by unsecured e -mail, facsimile transmission, or other similar unsecured electronic methods, provided, however, that the Corporation shall provide to the Trustee an incumbency certificate listing the names of the individuals who are designated and authorised to sign for the Corporation or in the name of the Corporation, which incumbency certificate 12 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 14 shall be amended whenever a person is to be added or deleted from the listing. The Trustee shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Corporation agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties; provided that such unauthorized instructions, interception or misuse was not due to the Trustee's negligence or the compromise of Trustee's security systems. All notices, approvals, consents, requests and any communications hereunder must be in writing (provided that any communication sent to Trustee hereunder must be in the form of a document that is signed manually or by way of a digital signature provided by DocuSign (or such other digital signature provider as specified in writing to Trustee by the City Representative), in English. Section 5.9. E- Verify. The Trustee understands that "E- Verify" is a federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with Section 64 -25(5) of the General Statutes of North Carolina, as amended. The Trustee uses E- Verify to verify the work authorization of its employees in accordance with Section 64 -26(a) of the General Statutes of North Carolina, as amended. The Trustee will not use any subcontractors in connection with this Third Supplement. Section 5.10. USA Patriot Act. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non - individual person such as a business entity, a charity, a Trust or other legal entity, the Trustee requires documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [END OF ARTICLE VI] 13 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 15 IN WITNESS WHEREOF, the Corporation and the Trustee have caused this Third Supplement to be executed in their respective names and their respective seals to be hereto affixed, as applicable, and attested by their duly authorized officials or offices, as applicable, all as of the date first above written. [SEAL] Attest: Chris Coudriet Secretary NEW HANOVER COUNTY FINANCING CORPORATION Julia Olson - Boseman President [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 14 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 16 [COUNTERPART SIGNATURE PAGE TO THIS THIRD SUPPLEMENT] U.S. BANK NATIONAL ASSOCIATION, as Trustee Shawna L. Hale Vice President 15 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 17 R- EXHIBIT A FORM OF 2021 BOND UNITED STATES OF AMERICA STATE OF NORTH CAROLINA LIMITED OBLIGATION BOND, SERIES 2021 Evidencing A Proportionate Undivided Interest in Rights to Receive Certain Revenues Pursuant to an Installment Financing Contract Between New Hanover County Financing Corporation and the County of New Hanover, North Carolina INTEREST RATE MATURITY DATE DATED DATE CUSIP % August 1, March 4, 2021 64480P REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS THIS CERTIFIES THAT THE REGISTERED OWNER named above, or registered assigns, has a proportionate undivided interest in rights to receive certain revenues, as described below, pursuant to an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract "), as previously amended by Amendment Number One to the Installment Financing Contract dated as of September 1, 2012 (the "First Amendment") and Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment ") and as further amended by Amendment Number Three to the Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment," and collectively with the 2010 Contract, the First Amendment, and the Second Amendment, the "Contract "), each between New Hanover County Financing Corporation (the "Corporation ") and the County of New Hanover, North Carolina, a North Carolina political subdivision (the "County "). The interest of the Owner of this Limited Obligation Bond, Series 2021 (this "2021 Bond") is secured as provided in an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture"), as previously supplemented by Supplemental Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement') and Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement') and as further supplemented by Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement," and collectively with the 2010 Indenture, the First Supplement, and the Second Supplement, the "Indenture "), each between the Corporation and U.S. Bank National Association, as trustee (the "Trustee "), for the registered owners of the 2021 Bonds, the 2010 Bonds, the 2012 Bonds, the 2020A Bonds, and any Additional Bonds (the "Owners "), by which the rights (with certain exceptions) of the Corporation under the Contract have been assigned by the Corporation to the Trustee for the benefit of the Owners. Pursuant to the Contract and the Indenture, the Owner hereof is entitled to receive, solely out of and to the extent available from the sources hereinafter identified, on the Maturity Date stated above (or earlier as hereinafter provided), the Principal Sum stated above, and interest thereon from the Dated Date A -1 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 18 (shown above) at the interest rate per annum stated above, payable commencing on August 1, 2021, and semiannually thereafter on February 1 and August 1 in each year until payment in full of such principal sum. Principal with respect to this 2021 Bond is payable in lawful money of the United States of America at the principal corporate trust office of the Trustee located in Raleigh, North Carolina, or that of its successor; and interest with respect to this 2021 Bond is payable to the Owner hereof by check or draft of the Trustee, or its successor, to be mailed to such Owner at his or her address as it last appears in the registration books kept by the Trustee. Notwithstanding the foregoing, so long as Cede & Co. is the registered Owner of this 2021 Bond, the principal and interest with respect to this 2021 Bond shall be paid by wire transfer in immediately available funds on each principal payment date and interest payment date. The 2021 Bonds will be delivered by means of a book -entry system with no physical distribution of 2021 Bonds made to the public. One 2021 Bond for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC'), and immobilized in its custody. A book -entry system will be employed, evidencing ownership of the 2021 Bonds in principal amounts in the denomination of $5,000 or any integral multiple thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. While DTC or its nominee is the registered owner of this 2021 Bond, payments of principal and interest will be made to DTC or its nominee in accordance with existing arrangements by wire transfer in immediately available funds. The County and the Trustee will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If DTC determines not to continue to act as securities depository for the 2021 Bonds and a successor securities depository is not identified to replace DTC, the County will cause fully registered definitive 2021 Bonds to be delivered to DTC. The County may decide to discontinue use of the system of book -entry only transfers through DTC in accordance with DTC's rules and, in that event, the County will cause fully registered definitive 2021 Bonds to be delivered in accordance with DTC's rules and procedures. The County, the Corporation, and the Trustee do not have any responsibility or obligations with respect to (a) the accuracy of any records maintained by DTC; (b) the payment by DTC of any amount in respect of the principal and interest with respect to the 2021 Bonds; (c) the delivery or timeliness of delivery by DTC of any notice which is required or permitted under the terms of the Contract or Indenture to be given to Owners; (d) the selection of Owners to receive payments in the event of any partial prepayment of the 2021 Bonds; or (e) any consent given or other action taken by DTC or its nominee. THE OBLIGATION OF THE COUNTY TO MAKE INSTALLMENT PAYMENTS AND ADDITIONAL PAYMENTS (AS DEFINED BELOW) IS A LIMITED OBLIGATION OF THE COUNTY, PAYABLE SOLELY FROM CURRENTLY BUDGETED APPROPRIATIONS OF THE COUNTY; DOES NOT CONSTITUTE A GENERAL OBLIGATION OR OTHER INDEBTEDNESS OF THE COUNTY WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF NORTH CAROLINA; AND DOES NOT CONSTITUTE A DIRECT OR INDIRECT PLEDGE OF THE FAITH AND CREDIT OR TAXING POWER OF THE COUNTY WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF NORTH CAROLINA. Refunding Limited Obligation Bonds (New Hanover County Projects), Series 2010, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $49,835,000 were executed and delivered under the 2010 Indenture to refinance certain County projects described in the 2010 Contract. Refunding Limited Obligation Bonds (New Hanover County Projects), Series 2012, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $20,540,000 were executed and delivered under the 2010 Indenture and the First Supplement to refinance the 2003 Projects. Limited Obligation Bonds, Series 2020A, Evidencing Proportionate Undivided Interests in Rights to A -2 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 19 Receive Certain Revenues under the Contract in the aggregate principal amount of $37,210,000 were executed and delivered under the 2010 Indenture and the Second Supplement to finance the 2020A Projects. This 2021 Bond is one of the limited obligation bonds executed and delivered pursuant to the 2010 Indenture in the aggregate principal amount of $ [Amount] for the purpose of providing funds to finance the 2021 Projects (as defined in the Third Contract Amendment) and refinance the Refunded 2018 Contract (as defined in the Third Supplement). The 2021 Bonds, together with the 2010 Bonds, the 2012 Bonds and the 2020A Bonds, evidence proportionate undivided interests in rights to receive certain Revenues pursuant to the Contract. Under the Contract, the Corporation has agreed to advance to the County the Purchase Price, the proceeds from which have been and will be used to finance and refinance the Projects, and the County has agreed to pay directly to the Trustee semiannual payments (the "Installment Payments ") in repayment of the Purchase Price, the proceeds of which are required by the Indenture to be distributed by the Trustee to the payment of the principal, premium, if any, and interest with respect to the 2021 Bonds, the 2010 Bonds, the 2012 Bonds, the 2020A Bonds, and any Additional Bonds (collectively, the "Bonds "). In addition to the Installment Payments, the County has agreed to make certain other payments (the "Additional Payments ") sufficient to pay the fees and expenses of the Trustee and the Corporation and other expenses required to be paid by the County under the Contract. The County has covenanted in the Contract to pay the Installment Payments and the Additional Payments as they become due and, as security for that payment obligation, the County has executed and delivered the Deed of Trust and Security Agreement dated as of June 1, 2010 (the "2010 Deed of Trust "), as modified by a Notice of Extension dated as of February 1, 2020, a Deed of Partial Release dated as of February 1, 2020, and a Notice of Extension dated as of March 1, 2021 (collectively, the "Deed of Trust"), each from the County to the Deed of Trust trustee named therein for the benefit of the Corporation with respect to the Premises. If the Contract is terminated by reason of an Event of Default, the principal amount of this 2021 Bond and the interest hereon will be payable from such money, if any, as may be available for such purpose, including any money received by the Trustee from the sale, lease, sublease or other disposition of the portion of the Projects subject to the Deed of Trust. The Contract may also be terminated if the County exercises its option to prepay in full the Purchase Price. If the County prepays the Purchase Price in full, the proceeds thereof are required to be used to pay the principal, premium, if any, and interest with respect to the Bonds. Reference is hereby made to the Contract and the Indenture for a description of the rights, duties and obligations of the County, the Corporation, the Trustee and the Owners, the terms on which the Bonds are secured, the terms and conditions on which the Bonds will be deemed to be paid at or before maturity or prepayment of the Bonds on the making of provision for the full or partial payment thereof, and the rights of the Owners on the occurrence of an Event of Default. Each capitalized term used but not otherwise defined herein has the meaning given to such term in the Contract and the Indenture, as applicable. The 2021 Bonds are executed and delivered solely as fully registered bonds without coupons in denominations of $5,000 and any integral multiple thereof. This 2021 Bond is transferable by the Owner hereof in person or by his or her attorney duly authorized in writing on the registration books kept at the principal corporate trust office of the Trustee on surrender of this 2021 Bond together with a duly executed written instrument of transfer satisfactory to the Trustee. On such transfer, a new fully registered 2021 Bond or Bonds without coupons of the same maturity, of authorized denomination or denominations, for the same aggregate principal amount, will be executed and delivered to the transferee in exchange herefor, all on payment of the charges and subject to the terms and conditions set forth in the Indenture. The Trustee shall deem the person in whose name this 2021 Bond is registered as the absolute owner hereof, whether or not this 2021 Bond shall be overdue, for A -3 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 20 the purpose of receiving payment and for all other purposes, and neither the County nor the Trustee shall be affected by any notice to the contrary. If this 2021 Bond is called for prepayment in part only, on surrender and cancellation of this 2021 Bond, a new fully registered 2021 Bond or Bonds of the same maturity, of authorized denominations, in an aggregate principal amount equal to the unprepaid portion hereof, shall be executed and delivered by the Trustee to the Owner hereof. The 2021 Bonds are subject to prepayment, in whole or in part, as follows: (a) [Optional Prepayment. The 2021 Bonds maturing on or before August 1, 20 , are not subject to optional call and prepayment before maturity. The 2021 Bonds maturing after August 1, 20_, may be prepaid before their maturities, at the option of the County, from any funds that may be available for such purpose, either in whole or in part on any date on or after August 1, 20 , at a prepayment price equal to 100% of the principal amount of 2021 Bonds to be so prepaid plus accrued interest to the prepayment date.] (b) [Mandatory Prepayment. The 2021 Bonds maturing on August 1, 20 (the " 20_ Term Bonds ") are subject to prepayment before maturity in part at the Prepayment Price of 100% of the principal amount thereof, without premium, on each August 1 in the years and in the amounts as follows: YEAR OF PRINCIPAL MATURITY AMOUNT * Maturity. The 2021 Bonds maturing on August 1, 20_ (the " 20 Term Bonds') are subject to prepayment before maturity in part at the Prepayment Price of 100% of the principal amount thereof, without premium, on each August 1 in the years and in the amounts as follows: YEAR OF PRINCIPAL MATURITY AMOUNT * Maturity. The 2021 Bonds maturing on August 1, 20_ (the " 20_ Term Bonds " and together with the 20_ Term Bonds and the 20_ Term Bonds, the "Term Bonds ") are subject to prepayment before maturity in part at the Prepayment Price of 100% of the principal amount thereof, without premium, on each August 1 in the years and in the amounts as follows: YEAR OF PRINCIPAL MATURITY AMOUNT .. Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 21 * Maturity. At its option, to be exercised on or before the 45th day next preceding any mandatory prepayment date for a maturity of a Term Bond, the Corporation may (a) deliver to the Trustee for cancellation, Term Bonds of such maturity or portions thereof in Authorized Denominations, or (b) receive a credit in respect of its mandatory prepayment obligation for such Term Bonds, respectively, in Authorized Denominations which before said date have been purchased or prepaid (otherwise than through mandatory prepayment pursuant to this paragraph) and canceled by the Trustee and not theretofore applied as a credit against any mandatory prepayment obligation. Each such Term Bonds or a portion thereof so delivered or previously purchased or prepaid and canceled by the Trustee will be credited by the Trustee at 100% of the principal amount thereof against the principal and interest requirement on such Term Bonds corresponding to such mandatory prepayment date. To the extent that the aggregate principal amount of such Term Bonds or portions thereof exceeds the principal amount due on such Term Bonds on such mandatory prepayment date, any excess over such amount shall be credited against future principal and interest requirements on such Term Bonds in the order of their respective due dates, and the principal amount of such Term Bonds so to be prepaid will be accordingly reduced. The Corporation will, or will cause the County to, on or before the 45' day next preceding each such mandatory prepayment date, furnish the Trustee with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding paragraph are to be availed of with respect to such mandatory prepayment.] (c) Selection. If called for prepayment in part, the Bonds to be prepaid shall be prepaid in such order as the County shall select and within the same maturity as selected by DTC pursuant to its rules and procedures or, if the book -entry system with respect to the 2021 Bonds is discontinued as provided in the Third Supplement, by lot within a maturity in such manner as the Trustee in its discretion may determine. When 2021 Bonds are to be prepaid in part, the schedule of Installment Payments set forth in the Contract shall be recalculated as necessary by the Trustee in the manner required by the Indenture. The Trustee shall pay to the Owners of 2021 Bonds so prepaid the amounts due on their respective 2021 Bonds at the principal corporate trust office of the Trustee on presentation and surrender of the 2021 Bonds; provided, however, that, if prepaid in part, the 2021 Bonds may be prepaid only in multiples of $5,000. Prepayments shall be accompanied by a written designation prepared by the Trustee stating the portion of the payment representing the unpaid principal amount of the 2021 Bond immediately before the payment, the portion of the payment representing interest, and the remaining portion, if any, which shall be designated and paid as a prepayment premium. If the Owner of any 2021 Bond of a denomination greater than the amount being prepaid fails to present such 2021 Bond to the Trustee for payment and exchange as aforesaid, such 2021 Bond will, nevertheless, become due and payable on the date fixed for prepayment to the extent of the denomination being prepaid and to that extent only. A -5 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 22 Anything in the Indenture to the contrary notwithstanding, if an Event of Default occurs and is continuing, there will be no prepayment of less than all of the Bonds Outstanding. The Indenture permits amendments thereto and to the Contract and the Deed of Trust on the agreement of the Corporation and the Trustee and with the approval of the Owners of not less than a majority or, in certain instances, 100% in aggregate principal amount of the 2021 Bonds at the time Outstanding. The Indenture also contains provisions permitting the Corporation and the Trustee to enter into amendments to the Indenture, the Contract and the Deed of Trust without the consent of the Owners of the 2021 Bonds for certain purposes. Any consent or request by the Owner of this 2021 Bond is conclusive and binding on such Owner and on all future Owners of this 2021 Bond and of any bond executed and delivered on the transfer of this 2021 Bond, whether or not notation of such consent or request is made on this 2021 Bond. This 2021 Bond is executed and delivered with the intent that the laws of the State of North Carolina shall govern its legality, validity, enforceability and construction. This 2021 Bond is not entitled to any right or benefit under the Indenture, or valid or obligatory for any purposes until this 2021 Bond has been authenticated by the execution by the Trustee, or its successors as Trustee, of the certificate of authentication inscribed hereon. A -6 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 23 IN WITNESS WHEREOF, NEw HANOVER COUNTY FINANCING CORPORATION has caused this 2021 Bond to be executed with the manual or facsimile signature of its President and its corporate seal or a facsimile thereof to be impressed or imprinted hereon and attested with the manual or facsimile signature of its Secretary, all as of the Dated Date set forth above. [SEAL] Attest: Chris Coudriet Secretary NEW HANOVER COUNTY FINANCING CORPORATION Julia Olson - Boseman President A -7 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 24 CERTIFICATE OF AUTHENTICATION This is one of the Limited Obligation Bonds, Series 2021 evidencing a proportionate undivided interest in rights to receive certain Revenues pursuant to the within - mentioned Contract and Indenture. Dated: March 4, 2021 U.S. BANK NATIONAL ASSOCIATION, as Trustee Shawna L. Hale Vice President A -8 Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 25 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ( "Stamp ") or similar program. NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED Board of Commissioners - January 19, 2021 ITEM: 20- 4 - 26 Draft #2 December 11, 2020 CONTRACT OF PURCHASE February _,2021 New Hanover County Financing Corporation Wilmington, North Carolina Limited Obligation Bonds, Series 2021 Evidencing Proportionate Undivided Interests In Rights To Receive Certain Revenues Pursuant To An Installment Financing Contract Between New Hanover County Financing Corporation And The COUNTY OF NEW HANOVER, NORTH CAROLINA Ladies and Gentlemen: The Underwriters named below (collectively, the "Underwriters "), offer to enter into this Contract of Purchase (this "Purchase Contract ") with New Hanover County Financing Corporation (the "Corporation ") for the purchase and sale by the Underwriters of the Limited Obligation Bonds, Series 2021 (the "Bonds "), evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract "), between the Corporation and the County of New Hanover, North Carolina (the "County "), as amended by Amendment Number One to the Installment Financing Contract dated as of September 1, 2012, Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment ") and Amendment Number Three to an Installment Financing Contract dated as of March 21, (the "Third Amendment," and together with the 2010 Contract, the First Amendment and the Second Amendment, the "Contract "), each between the County and the Corporation. This offer is made subject to the terms and provisions of this Purchase Contract and satisfaction of each of the following conditions: (1) acceptance by the Corporation and (2) delivery to the Underwriters of a Letter of Representation dated the date hereof in the form attached hereto as Exhibit A and duly executed by the County (the "Letter of Representation "). On satisfaction of the foregoing conditions, this Purchase Contract will be in full force and effect in accordance with its terms and will be binding on the Corporation and the Underwriters. If the foregoing conditions are not satisfied as provided above, this offer is subject to withdrawal by the Underwriters on written notice delivered to the Corporation at any time before acceptance. This offer is made subject to your acceptance of this Purchase Contract on or before 5 p.m. on February , 2021. All terms not otherwise defined herein have the same meanings as set forth in the Contract or the Indenture described below 1. Purchase and Sale of Bonds. On the terms and conditions and in reliance on the respective representations, warranties and covenants herein and in the Letter of Representation, the Underwriters hereby agree to purchase from the Corporation, and the Corporation hereby Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 1 agrees to sell to the Underwriters, all (but not less than all) of $ aggregate principal amount of the Bonds at the purchase price (the "Purchase Price ") of $ (equal to the par amount of the Bonds less an Underwriters' discount of $ plus net original issue premium of $ ). The Bonds will be executed and delivered pursuant to and secured by an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture "), by and between the Corporation and U.S. Bank National Association, as trustee (the "Trustee "), as amended and supplemented by Supplemental Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement "), Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement ") and Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement, ") and together with the 2010 Indenture, the First Supplement and the Second Supplement, the "Indenture," and will mature, subject to the right of prepayment, as more fully described in the Indenture. The Bonds will bear interest from their date, and will have such other terms and provisions, as described in the Final Official Statement (hereinafter defined in Section 3 hereof). The Bonds are being executed and delivered to provide funds to (a) pay the capital costs of (1) acquisition, construction and equipping of a 200 -bed addiction treatment center, (2) acquisition, construction and equipping o of a new government center complex for the County (the "New Government Center "), (3) construction of storm water management improvements within the County and (4) other miscellaneous capital improvement and the acquisition of certain equipment for both County and school purposes, including public safety (collectively, the "2021 Projects "), and (b) refund an installment purchase financing of a County fire station and a County public library. The Contract provides for payment by the County of moneys sufficient to pay the scheduled payments with respect to the Bonds. As security for the Bonds and any Additional Bonds, the Corporation has assigned to the Trustee for the benefit of the registered owners of the Bonds (the "Owners ") substantially all of its rights under the Contract and certain moneys and securities held by the Trustee under the Indenture. Pursuant to the Contract, Installment Payments payable by the County thereunder will be paid directly to the Trustee. As security for its obligations under the Contract, the County has executed and delivered to the deed of trust trustee, for the benefit of the Corporation, a Deed of Trust, Security Agreement and Fixture Filing dated June 1, 2010 (the "2010 Deed of Trust "), under a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 (the "2020 Notice of Extension ") for a juvenile justice facility (the "Juvenile Justice Facility ") and a Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 (the "2021 Notice of Extension," and together with the 2010 Deed of Trust and the 2020 Notice of Extension, the "Deed of Trust. ") The Deed of Trust grants, among other things, a lien of record on the Judicial Center, the Juvenile Justice Facility and the New Government Center and real property related thereto (the "Mortgaged Property "). The Underwriters agree to make a bona fide public offering of all of the Bonds at the initial offering prices or yields set forth on the cover of the Final Official Statement. The Underwriters, however, reserve the right to change such initial offering prices or yields as the Underwriters deem necessary in connection with the marketing of the Bonds and to offer and sell the Bonds to certain dealers (including dealers depositing the Bonds into investment trusts, including investment trusts managed by the Underwriters) and others at prices lower than the initial offering prices or yields 2 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 2 set forth in the Final Official Statement. The Underwriters also reserve the right to over -allot or effect transactions which stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market and to discontinue such stabilizing, if commenced, at any time. The Underwriters will provide to Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina ( "Bond Counsel ") and others such evidence of the initial public sale price of the Bonds as the Corporation or the County may request and will supplement such information as may be necessary to continue its accuracy. The Underwriters represent and warrant that the Bonds will be offered only pursuant to the Preliminary Official Statement (defined below in Section 3) and the Final Official Statement and only in states where the offer and sale of the Bonds are legal, either as exempt securities, as exempt transactions or as a result of registration of the Bonds for sale in any such state. 2. Representations of the Underwriters; Establishment of Issue Price. PNC Capital Markets LLC, as representative (the "Representative ") of the Underwriters, represents that it is authorized to execute and deliver this Purchase Contract and to act under the provisions of this Purchase Contract. The payment for, acceptance of and execution and delivery of any receipt for the Bonds and any other instruments in connection with the Closing shall be valid and sufficient for all purposes and binding upon the Underwriters, provided that any such action by the Underwriters shall not impose any obligation or liability upon them other than as may arise as expressly set forth in this Purchase Contract. (a) The Representative, on behalf of the Underwriters, agrees to assist the County in establishing the issue price of the Bonds and shall execute and deliver to the County at Closing an "issue price" or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit E, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Representative, the County and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds. All actions to be taken by the County under this Section to establish the issue price of the Bonds may be taken on behalf of the County by the County's financial advisor, First Tryon Advisors, Charlotte, North Carolina, and any notice or report to be provided to the County may be provided to the County's financial advisor. (b) [Except as otherwise set forth in Schedule I attached hereto,] the County will treat the first price at which 10% of each maturity of the Bonds (the "10% test ") is sold to the public as the issue price of that maturity. At or promptly after the execution of this Purchase Contract, the Representative shall report to the County the price or prices at which the Underwriters have sold to the public each maturity of Bonds. [If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the Underwriters agree to promptly report to the County the prices at which Bonds of that maturity have been sold by the Underwriters to the public. That reporting obligation shall continue, whether or not the Closing date has occurred, until either (i) all Bonds of that maturity have been sold or (ii) the 10% test has been satisfied as to the Bonds of that maturity, provided that, the Representative's reporting obligation after the Closing date may be at reasonable periodic intervals or otherwise upon request of the County or bond counsel.] For purposes of this Section, if Bonds mature on the same date but have different interest rates, each separate CUSIP number within that maturity will be treated as a separate maturity of the Bonds.] 3 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 3 [Schedule [I] and subsection (c) shall apply only if the Representative agrees to apply the hold- the - offering -price rule, as described below.] (c) [The Representative confirms that the Underwriters offered the Bonds to the public on or before the date of this Agreement at the offering price or prices (the "initial offering price "), or at the corresponding yield or yields, set forth in Schedule I attached hereto, except as otherwise set forth therein. Schedule I also sets forth, as of the date of this Purchase Contract, the maturities, if any, of the Bonds for which the 10% test has not been satisfied and for which the County and the Representative agree that the restrictions set forth in the next sentence shall apply, which will allow the County to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the "hold- the - offering -price rule "). So long as the hold - the- offering -price rule remains applicable to any maturity of the Bonds, the Representative will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. The Representative shall promptly advise the County that it has sold at least 10% of that maturity of the Bonds to the public at a price that is not higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5a') business day after the sale date.] (d) The Representative confirms that: (i) any agreement among underwriters, any selling group agreement and each third - party distribution agreement (to which the Representative is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating the Underwriters, each dealer who is a member of the selling group and each broker - dealer that is a party to such third -party distribution agreement, as applicable: (A)(i) to report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Representative that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing date may be at reasonable periodic intervals or otherwise upon request of the Representative, and (ii) to comply with the hold- the - offering -price rule, if applicable, if and for so long as directed by the Representative and as set forth in the related pricing wires, (B) to promptly notify the Representative of any sales of Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and M Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 4 (C) to acknowledge that, unless otherwise advised by the Underwriters, dealer or broker - dealer, the Representative shall assume that each order submitted by the Underwriters, dealer or broker - dealer is a sale to the public. (ii) any agreement among underwriters or selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each Underwriter or dealer that is a party to a third -party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker - dealer that is a parry to such third -party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Representative or such Underwriter or dealer that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing date may be at reasonable periodic intervals or otherwise upon request of the Representative or such Underwriter or dealer, and (B) comply with the hold- the - offering -price rule, if applicable, if and for so long as directed by the Representative or the Underwriter or the dealer and as set forth in the related pricing wires. (e) The County acknowledges that, in making the representations set forth in this Section, the Representative will rely on (i) the agreement of each Underwriter to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering -price rule, if applicable to the Bonds, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the with the hold- the - offering -price rule, if applicable to the Bonds, as set forth in the selling group agreement and the related pricing wires and (iii) in the event a third -parry distribution agreement was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker - dealer that is a parry to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering -price rule, if applicable to the Bonds, as set forth in the third -party distribution agreement and the related pricing wires. The County further acknowledges that each Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker - dealer that is a parry to a third -party distribution agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering -price rule, if applicable to the Bonds. (f) The Underwriters acknowledge that sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this Section. Further, for purposes of this Section: (i) "public" means any person other than an underwriter or a related parry, (ii) "underwriter" means (A) any person that agrees pursuant to a written contract with the County (or with the lead underwriter to form an underwriting syndicate) to participate in the 5 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 5 initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third -parry distribution agreement participating in the initial sale of the Bonds to the public), (iii) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) "sale date" means the date of execution of this Purchase Contract by all parties. 3. Official Statement. (a) The Corporation agrees to cause the County to deliver to the Underwriters, at such addresses as the Underwriters shall specify, as many copies of the final Official Statement dated February , 2021 relating to the Bonds (the "Final Official Statemen(") as the Underwriters reasonably request as necessary to comply with paragraph (b)(4) of Rule 15c2 -12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule ") and with Rule G -32 and all other applicable rules of the Municipal Securities Rulemaking Board. The Corporation agrees to cause the County to deliver such Final Official Statements within seven business days after the execution hereof. It is understood that, in undertaking to cause the County to deliver Final Official Statements pursuant to this subparagraph (a), neither the Corporation nor the directors, officers, employees or agents of same are undertaking any responsibility for the accuracy or completeness of the information in the Final Official Statement concerning the County. The Underwriters represent that a copy of the Official Statement in word searchable form will be electronically delivered before the "end of the underwriting period," as defined below with the Municipal Securities Rulemaking Board at www.MSRB.oriz /msrbI /control /default.asp (b) The Corporation will take all actions and provide all information reasonably requested by the Underwriters to ensure that the Preliminary Official Statement, as hereinafter defined, and the Final Official Statement at all times during the initial offering and distribution of the Bonds do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The Corporation will not amend or supplement, or approve any amendment or supplement of, either the Preliminary Official Statement or the Final Official Statement without the prior written consent of the Underwriters (which consent will not be unreasonably withheld); provided, however, that, if between the date of this Purchase Contract and 25 days from the end of the underwriting period, as defined below, any event occurs or any fact is disclosed of which 6 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 6 event or fact the Corporation has actual knowledge which might cause the Official Statement, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Corporation will promptly notify the Underwriters, and, if in the opinion of the Underwriters, such event or disclosure requires the preparation and publication of a supplement or amendment to the Official Statement, the Corporation will supplement or amend the Official Statement in form and manner approved by the Underwriters, and the County shall pay all expenses in association therewith, including reasonable attorneys' fees. For purposes of this Purchase Contract, the "end of the underwriting period" will mean the later of (1) the Closing or (2) the time that the Underwriters no longer retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless otherwise notified in writing by the Underwriters, the Corporation shall treat the Closing as the "end of the underwriting period." (c) The Corporation agrees to use all reasonable efforts to cause the County to authorize and approve the Preliminary Official Statement dated February , 2021 (the "Preliminary Official Statement ") and the Final Official Statement (the Final Official Statement, the Preliminary Official Statement and any amendments or supplements that may be authorized for use with respect to the Bonds are herein referred to collectively as the "Official Statement "), and to consent to their distribution and use by the Underwriters. 4. Representations, Warranties and Covenants of the Corporation. The Corporation represents and warrants to the Underwriters that: (a) the Corporation is a nonprofit corporation duly created and validly existing and in good standing under the laws of the State of North Carolina and has the power and authority and all necessary licenses and permits to conduct its business as described in the Preliminary Official Statement and the Final Official Statement; (b) to the best of its knowledge, both at the time of its acceptance hereof and at the date of Closing (hereinafter defined), the statements and information contained in the Final Official Statement relating to the Corporation are and will be true, correct and complete in all material respects and do not and will not contain any untrue statement of a material fact or omit any statement or information which is necessary to make the statements and information therein, in the light of the circumstances under which they were made, not misleading in any material respect; provided, however, that the Corporation makes no representation with respect to the information in the Final Official Statement supplied by the County (including the financial and statistical information in Appendix A thereto) or the Underwriters, or any other party, if applicable, other than that it has no knowledge or notice that such information is inaccurate or misleading; (c) the Corporation will cooperate with the Underwriters and their counsel in taking all necessary action to qualify the Bonds for offer and sale under the securities or "Blue Sky" laws of such jurisdictions as the Underwriters may reasonably request and authorize the Underwriters to make any necessary filings on behalf of the Corporation in taking any such necessary action; provided, however, that the Corporation will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with such qualification; 7 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 7 (d) the execution and delivery by the Corporation of this Purchase Contract, the Indenture and the Contract (collectively, the "Corporation Documents "), and the delivery of the Final Official Statement were duly approved by the Corporation's Board of Directors in complete conformity with the Articles of Incorporation and the Bylaws of the Corporation and North Carolina law; (e) the approval, execution and delivery of the Corporation Documents and compliance with the provisions thereof and hereof under the circumstances contemplated thereby and hereby and the approval of the Final Official Statement, do not and will not conflict with, constitute a breach of or default under, or result in the creation of a lien on any property of the Corporation (except as contemplated therein) pursuant to applicable law or any indenture, bond order, deed of trust, mortgage, agreement or other instrument to which the Corporation is a party except as described in the Final Official Statement, or conflict with or violate any applicable law, administrative rule, regulation, judgment, court order or consent decree to which the Corporation is subject; (f) there is no claim, action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, or public board or body, pending or, to the best of its knowledge, threatened (i) contesting the corporate existence or powers of the Corporation or the titles of the officers of the Corporation to their respective offices, (ii) seeking to prohibit, restrain or enjoin the collection of revenues by the Corporation or the application of the proceeds of the Bonds wherein an unfavorable decision, ruling or finding would materially adversely affect the financial position of the Corporation or the validity or enforceability of the Bonds or the Corporation Documents, (iii) contesting or affecting the validity of the Corporation Documents or (iv) contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Final Official Statement (nor, to the best knowledge of the Corporation, is there any basis therefor); (g) the Corporation is not in default in the payment of the principal of or interest on any indebtedness for borrowed money or under any instrument under or subject to which any indebtedness has been incurred, and to the best of its knowledge, no event has occurred or is continuing that, with the lapse of time or the giving of notice or both, would constitute an event of default under any such agreement; (h) any certificate signed by the President or Vice President of the Corporation and delivered to the Underwriters will be deemed to be a representation and warranty by the Corporation to the Underwriters as to the statements made therein; (i) when duly executed and delivered at the Closing in accordance with the provisions of this Purchase Contract, the Corporation Documents will have been duly authorized, executed and delivered by the Corporation and will constitute valid and binding agreements of the Corporation enforceable in accordance with their terms, except insofar as the enforcement thereof may be limited by bankruptcy, insolvency or similar laws relating to the enforcement of creditors' rights; and 0) when duly executed and delivered at the Closing in accordance with the provisions of this Purchase Contract, the Bonds will constitute valid and binding proportionate undivided 0 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 8 interests in the Corporation's rights to receive certain Revenues pursuant to the Contract enforceable in accordance with their terms. 5. Corporation to Use All Reasonable Efforts to Cause County to Act. The Corporation will use all reasonable efforts to cause the County to deliver, at the signing hereof, a Letter of Representation in the form of Exhibit A hereto, and at the Closing, a certificate signed by the County Manager of the County as set forth in Section 8(e)(iii)(12). 6. Closing. At 10:00 a.m. (New York time) on March 4, 2021, or at such other time or date as has been mutually agreed on by the Corporation, the County and the Underwriter (the "Closing Date "), the Corporation will deliver, or cause to be delivered, to the Underwriter, at the offices of The Depository Trust Company ( "DTC "), 55 Water Street, New York, New York 10041, or at such other place as the Underwriters, the Corporation and the County may mutually agree on, the Bonds in definitive form, duly executed and authenticated and registered in the name of Cede & Co. and in such denominations as the Underwriters have requested in writing not less than two business days before the Closing Date, together with the other documents hereinafter mentioned; and the Underwriters will accept such delivery and pay the Purchase Price of the Bonds with bank wire transfer in federal funds payable to the order of the Trustee on behalf of the County. The activities relating to the final execution and delivery of the Bonds, the Contract, the Deed of Trust and the Indenture and the payment therefor and the delivery of all certificates, opinions and other instruments described in Section 8 of this Purchase Contract may occur through mail and email. The payment for the Bonds and simultaneous delivery of the Bonds to the Underwriter is herein referred to as the "Closing." The Bonds will be delivered in book -entry form as definitive registered Bonds initially as one bond for each maturity, registered in the name of Cede & Co., as nominee of DTC, as registered owner of all of the Bonds, duly executed and authenticated, with CUSIP identification numbers typed thereon. Neither the failure to type such numbers on any Bond nor any error in them will constitute cause for a failure or refusal by the Underwriter to accept delivery of the Bonds and pay the Purchase Price of the Bonds. 7. Termination of Purchase Contract. The Underwriters have the right to cancel their obligation to purchase the Bonds by notifying the County and the Corporation of its election to do so, if between the date hereof and the Closing Date: (a) legislation shall have been enacted or introduced by the Congress of the United States, or adopted by either House of the Congress, or enacted or introduced by the General Assembly of the State of North Carolina, or adopted by either House of the General Assembly, or shall have been reported out of committee of either the Congress or the General Assembly, or be pending in committee of either the Congress or the General Assembly, or a decision shall have been rendered by a court of the United States, including the Tax Court of the United States, or a court of the State of North Carolina, or a ruling or an official release shall have been made or a regulation or temporary regulation shall have been proposed or made or a press release or some other form of notice or announcement shall have been issued by the Treasury Department of the United States or the Internal Revenue Service or other federal or state authority having jurisdiction over tax matters, with respect to federal or State of North Carolina taxation upon revenues or other income of the general character to be derived by the County or the Corporation, or upon interest received on obligations of the general character of the Bonds, or other action or events shall have 0 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 9 transpired which would, in the reasonable judgment of the Underwriter, have the purpose or effect, directly or indirectly, of changing the federal or State of North Carolina tax consequences of any of the transactions contemplated in connection herewith; (b) there shall occur any event, which in the reasonable judgment of the Underwriters (i) would have a material and adverse effect on the market price or marketability of the Bonds, (ii) would make untrue, incorrect or incomplete in any material respect any statement or information contained in the Official Statement, or (iii) is not reflected in the Official Statement but should be reflected therein in order to make the statements and information contained therein, under the circumstances in which they were made, not materially misleading; (c) in the reasonable judgment of the Underwriters, the market price or marketability of the Bonds or the ability of the Underwriters to enforce contracts for the sale of Bonds shall have been materially adversely affected by an amendment of or supplement to the Official Statement; (d) there shall have occurred any outbreak of hostilities or other local, national or international calamity or crisis, or a default with respect to the debt obligations of, or the institution of proceedings under the federal bankruptcy laws by or against, the County, any state of the United States or agency thereof, or any county or city located in the United States having a population of over one million persons, the effect of which on the financial markets of the United States will be such as, in the reasonable judgment of the Underwriters, makes it impracticable for the Underwriters to market the Bonds or enforce contracts for the sale of the Bonds; (e) there shall have occurred and be in force a general suspension of trading on the New York Stock Exchange or other national securities exchange, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on the New York Stock Exchange or other national securities exchange, whether by virtue of a determination by any such exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction; (f) a general banking moratorium shall have been declared by federal, State of North Carolina or State of New York authorities having jurisdiction and be in force; (g) there shall occur any material adverse change in the affairs of the County or the Corporation that is not disclosed in the Official Statement; (h) there shall be established any new restriction on transactions in securities materially affecting the free market for securities (including the imposition of any limitation on interest rates) or the extension of credit by, or the charge to the net capital requirements of the Underwriters established by the New York Stock Exchange, the Securities and Exchange Commission, any other federal or state agency or the Congress of the United States, or by Executive Order; or (i) a decision of any federal or state court or a ruling or regulation (final, temporary or proposed) of the Securities and Exchange Commission or other governmental agency shall have been made or issued that would (i) make the Bonds, or securities similar to the Bonds subject to the registration requirements of the Securities Act of 1933, as amended, or (ii) require the qualification of an indenture in respect of the Bonds or any such securities under the Trust Indenture Act of 1939, as amended. 10 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 10 8. Conditions to Obligations of the Underwriters. The obligation of the Underwriters to purchase the Bonds is subject: (a) to the performance by the Corporation of its obligations to be performed hereunder at and before the Closing; (b) to the performance by the County of its obligations to be performed under the Letter of Representation at and prior to the Closing; (c) to the accuracy of the representations and warranties of the Corporation herein as of the date hereof and as of the time of the Closing; (d) to the accuracy of the representations and warranties of the County in the Letter of Representation as of the date hereof and as of the time of the Closing; and (e) to the following conditions, including the delivery by the County of such documents as are enumerated herein in form and substance satisfactory to the Underwriters and Holland & Knight LLP, their counsel: (i) At the time of Closing: (1) the Final Official Statement, this Purchase Contract, the Contract, the Deed of Trust and the Indenture are in full force and effect and have not been amended, modified or supplemented from the date hereof except as may have been agreed to in writing by the Underwriters; (2) the proceeds of the sale of the Bonds are deposited and applied as described in the Final Official Statement; and (3) the County has duly adopted and there are in full force and effect such resolutions as, in the opinion of Bond Counsel, are necessary in connection with the transactions contemplated hereby. (ii) Receipt of the Bonds, the Contract, the Deed of Trust and the Indenture at or before the Closing. The terms of the Bonds, as delivered, shall in all instances be as described in the Final Official Statement. The terms of the Contract, as delivered, shall, among other things, specify the County's and any other obligated person's undertaking to provide continuing disclosure in accordance with the Rule and Section 2(n) of the Letter of Representation. (iii) At or prior to the Closing, the Underwriters shall receive copies of the following documents: (1) final approving opinion of Bond Counsel dated the Closing Date, in substantially the form set forth in Exhibit D to the Official Statement; (2) opinion of Bond Counsel addressed to the Underwriters and dated the Closing Date, in substantially the form attached hereto as Exhibit B; 11 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 11 (3) an opinion of the County Attorney, dated the Closing Date, addressed to the Underwriters, in substantially the form attached hereto as Exhibit C; (4) an opinion of counsel to the Corporation, dated the Closing Date, addressed to the Underwriters, in substantially the form attached hereto as Exhibit D; (5) an opinion of Holland & Knight LLP, counsel to the Underwriters, dated the Closing Date, addressed to the Underwriter, in form satisfactory to the Underwriter; (6) the Final Official Statement; (7) certified copies of all resolutions of the County relating to the Letter of Representation, the Bonds, the authorization of the use of the Preliminary Official Statement and the Final Official Statement, the Contract and the Deed of Trust; (8) certified copies of such documents and resolutions of the Corporation approving the execution and delivery of the Corporation Documents; (9) a specimen Bond; (10) letters from Moody's Investors Service ( "Moody s ") and S &P Global Ratings ( "S&P "), to the effect that the Bonds have been assigned a rating of no less than " " and " ", respectively; (11) a certificate, in form and substance satisfactory to the Underwriters and its counsel, of the President or any duly authorized officer or official of the Corporation satisfactory to the Underwriters and their counsel, dated as of the Closing Date, to the effect that: (i) each of the Corporation's representations, warranties and covenants contained herein are true and correct as of the Closing Date; (ii) the Corporation Documents have been entered into by the Corporation and are in full force and effect; and (iii) the Bonds have been duly executed and delivered by the Corporation; (12) certificate, in form and substance satisfactory to the Underwriters and their counsel, dated the Closing Date, executed the County Manager to the effect that (i) the representations and warranties of the County in the Letter of Representation are true and correct in all material respects as of the date of Closing and (ii) the Contract and the Deed of Trust have been entered into by the County and are in full force and effect; (13) executed copies of the County's certification as to non - arbitrage and other matters relative to the tax status of the Bonds under Section 148 of the Internal Revenue Code of 1986, as amended; and an executed copy of IRS Form 8038 -G; 12 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 12 (14) a copy of a title insurance policy naming the Trustee as a beneficiary and insuring title to the real estate comprising the Mortgaged Property; (15) memoranda from Holland & Knight LLP addressed to the Underwriters indicating the jurisdictions in which the Bonds may be sold in compliance with the securities or "Blue Sky" laws of such jurisdictions; (16) a copy of the Blanket Letter of Representations executed by the Corporation to DTC with respect to the Bonds; (17) evidence that the 2021 Notice of Extension has been duly recorded and extended the 2010 Deed of Trust; (18) a certificate, in form and substance satisfactory to the Underwriters and their counsel, of a duly authorized officer or official of the Trustee satisfactory to the Underwriters and their counsel, dated as of the Closing Date, to the effect that: (i) the Indenture has been duly executed and delivered by the Trustee and (ii) the Bonds have been duly authenticated by the Trustee; and (19) such additional legal opinions, certificates, proceedings, instruments and other documents as counsel to the Underwriters, Bond Counsel, or counsel to the Corporation or the County may reasonably request to evidence compliance by the Corporation or the County with legal requirements, the truth and accuracy, as of the time of Closing, of the respective representations of the Corporation and the County herein contained and the due performance or satisfaction by each of them at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by each of them. The Underwriters have entered into this Purchase Contract in reliance on the respective representations, warranties and covenants of the Corporation and the County contained in this Purchase Contract and in the Letter of Representation. Unless excused by the Underwriters, the Underwriters' obligations under this Purchase Contract are at all times subject to the conditions set forth in this Section 8 and any other express condition contained in any other Section of this Purchase Contract. If any condition to the Underwriters' obligations is not excused or satisfied on or before the Closing Date (or in the case of events described in Section 7 above, immediately upon the occurrence of such event), the Underwriters' obligation and, except as otherwise provided in this Purchase Contract, the obligations of the Corporation and the County will be immediately discharged, and the Underwriters may terminate this Purchase Contract at any time. If, however, the Corporation is unable to satisfy the conditions to the obligations of the Underwriters contained in this Purchase Contract, or if the obligations of the Underwriters to purchase and accept delivery of the Bonds are terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and neither the Underwriters nor the Corporation shall be under further obligation hereunder; except that the respective obligations to pay expenses, as provided in Section 11, shall continue in full force and effect. All of the opinions, letters, certificates, instruments and other documents mentioned in this Purchase Contract will be deemed to be in compliance with the provisions of this Purchase Contract if, but only if, in the reasonable judgment of the Underwriters and counsel to the Underwriters, they are satisfactory in form and substance. The Underwriters 13 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 13 hereby expressly reserve the right to waive any of the conditions to its obligations contained in this Purchase Contract. 9. Mutual Performance. The obligations of the Corporation under this Purchase Contract are subject to the performance by the Underwriters of their obligations under this Purchase Contract. 10. Continuation of Obligations. All representations, warranties and agreements of the Corporation shall remain operative and in full force and effect, regardless of any investigations made by or on behalf of the Underwriters, and shall survive the Closing. The obligations of the Corporation under Section 11 shall survive any termination of this Purchase Contract by the Underwriters pursuant to the terms hereof. 11. Expenses. The Corporation will use all reasonable efforts to cause the County to pay all expenses incident to the performance of its obligations under this Purchase Contract, including, but not limited to, mailing or delivery of the Bonds, costs of printing the Bonds, the Preliminary Official Statement and the Final Official Statement, any amendment or supplement to the Preliminary Official Statement or the Final Official Statement and this Purchase Contract, the cost of preparation (including printing, copying and distribution) of the Contract, the Deed of Trust and the Indenture, fees and disbursements of Bond Counsel, fees and disbursements of the County Attorney, Trustee's fees and expenses, fees and disbursements of Underwriters' counsel, fees and disbursements of the Corporation's counsel, fees and expenses of the County's accountants, any fees charged by rating agencies for the rating of the Bonds, fees of the Local Government Commission and the North Carolina Municipal Council and any additional miscellaneous fees and costs incurred in connection with and related to the transaction. The Corporation shall cause the County to reimburse the Underwriters for actual expenses incurred or paid for by the Underwriters on behalf of the County in connection with the marketing, execution and delivery of the Bonds, including, but not limited to, transportation, lodging and meals for the County's employees and representatives; provided, however, that (a) reimbursement for such expenses shall not exceed an ordinary and reasonable amount for such expenses, and (b) such expenses are either (i) not related to the entertainment of any person and not prohibited from being reimbursed from the proceeds of an offering of municipal securities under Municipal Securities Rulemaking Board Rule G -20 or (ii) to be paid from other funds of the County and not from the proceeds of the Bonds or any other municipal securities. Such reimbursement may be in the form of inclusion in the expense component of the Underwriters' discount or direct reimbursement as a cost of issuance. In the event the County will reimburse the Underwriters any expenses that are prohibited to be paid from proceeds of the Bonds under Municipal Securities Rulemaking Board Rule G -20, the County shall provide evidence of a cash contribution to pay such expenses on or prior to Closing. 14 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 14 The Underwriters shall pay its out -of- pocket expenses, any all advertising expenses and blue sky expenses in connection with the public offering of the Bonds and the cost of the blue sky memorandum in connection with its public offering and distribution of the Bonds, including the CUSIP Service Bureau service charge for the assignment of CUSIP numbers for the Bonds, and any fees of the Municipal Securities Rulemaking Board of the Securities Industry and Financial Markets Association but excluding fees and disbursements of Underwriters' counsel. The Corporation shall not be liable for payment of any of the above expenses, fees or disbursements, nor any other expenses, fees or disbursements which are charged or shall arise as a result of the delivery of the Bonds. 12. Notices. Any notice or other communication to be given to the County under this Purchase Contract may be given by delivering the same in writing to County of New Hanover, 230 Government Center Drive, Suite 165, Wilmington, North Carolina 28403, Attention: Chief Financial Officer. Any notice or other communication to be given to the Underwriters under this Purchase Contract may be given by delivering the same in writing to PNC Capital Markets LLC, 4720 Piedmont Row, Suite 200, Charlotte, North Carolina 28210, Attention: David G. Fischer. Any notice or other communication to be given to the Corporation under this Purchase Contract may be given by delivering the same in writing to the New Hanover County Financing Corporation, 301 Fayetteville Street, Suite 1400, Raleigh, North Carolina 27601, Attention: Rebecca Joyner, Esq. 13. Benefits of Purchase Contract. This Purchase Contract is made solely for the benefit of the Underwriters and the Corporation and their respective successors or assigns, and no other person, including any purchaser of the Bonds, shall acquire or have any right hereunder or by virtue hereof. 14. Approvals by Underwriters. The approval of the Underwriters in connection with this Purchase Contract or any document contemplated by it will be in writing signed by the Underwriters and delivered to the Corporation or the County. 15. Assignment. This Purchase Contract may not be assigned by the Corporation without the prior written consent of the Underwriters. Any assignment for which consent is not given will be void. 16. Business Days. The term "business day" as used in this Purchase Contract will mean any day on which the New York Stock Exchange is open for business. 17. Severability. If any one or more of the provisions of this Purchase Contract is, for any reason, held to be illegal or invalid, such illegality or invalidity will not affect any other provisions of this Purchase Contract and this Purchase Contract will be construed and enforced as if such illegal or invalid provisions had not been contained herein. 18. Governing Law. This Purchase Contract is governed by and is to be construed in accordance with the laws of the State of North Carolina. 19. Effective Date; Counterparts. This Purchase Contract is effective on your acceptance hereof. This Purchase Contract may be simultaneously executed in several 15 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 15 counterparts, each of which is an original and all of which constitute but one and the same instrument. 20. E- Verify. The Underwriters understand that `B- Verify" is a federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law. The Underwriters use E -Verify to verify the work authorization of their employees in accordance with Section 64 -26(a) of the General Statutes of North Carolina, as amended. Any entity to which an of the Underwriters' obligations under this Purchase Contract are subcontracted shall comply with the requirements of E- Verify. 21. No Advisory or Fiduciary Role. The Corporation acknowledges and agrees that (a) the transactions contemplated by this Purchase Contract are arm's length, commercial transactions among, the Corporation, the County and the Underwriters in which the Underwriters are acting solely as principal and is not acting as a municipal advisor, financial advisor or fiduciary to the Corporation or the County; (b) the Underwriters have not assumed any advisory or fiduciary responsibility to the County or Corporation with respect to the transactions contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriters or their affiliates have provided other services or are currently providing other services to the Corporation or the County on other matters); (c) the only obligations the Underwriters have to the Corporation or the County with respect to the transactions contemplated hereby expressly are set forth in this Purchase Contract; and (d) the Corporation and the County have consulted their own financial, legal, accounting, tax and advisors, as applicable, to the extent they have deemed appropriate. The primary role of the Underwriters is to purchase the Bonds from the Corporation for resale to investors in an arm's length commercial transaction. The Underwriters have financial and other interests that differ from those of the Corporation and the County. 22. Survival of Representations and Warranties. Notwithstanding any provisions herein to the contrary, any and all representations, warranties and agreements in this Purchase Contract shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriters, (b) delivery of any payment by the Underwriters for the Bonds hereunder and (c) any termination of this Purchase Contract. [Remainder of page intentionally left blank] 16 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 16 Very truly yours, PNC CAPITAL MARKETS LLC and STIFEL, NICOLAUS & COMPANY INCORPORATED Accepted and confirmed as of the date first above written: BY: PNC CAPITAL MARKETS LLC, AS REPRESENTATIVE David G. Fischer, Managing Director NEW HANOVER COUNTY FINANCING CORPORATION M. President [SIGNATURE PAGE FOR CONTRACT OF PURCHASE RELATING TO LIMITED OBLIGATION BONDS, SERIES 2021 EVIDENCING PROPORTIONATE UNDIVIDED INTERESTS IN RIGHTS TO RECEIVE CERTAIN REVENUES PURSUANT TO AN INSTALLMENT FINANCING CONTRACT WITH THE COUNTY OF NEW HANOVER, NORTH CAROLINA] 17 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 17 EXHIBIT A LETTER OF REPRESENTATION February , 2021 PNC Capital Markets LLC. Charlotte, North Carolina Stifel, Nicolaus & Company, Incorporated Charlotte, North Carolina Limited Obligation Bonds, Series 2021 Evidencing Proportionate Undivided Interests In Rights To Receive Certain Revenues Pursuant To An Installment Financing Contract Between New Hanover County Financing Corporation And The COUNTY OF NEW HANOVER, NORTH CAROLINA Ladies and Gentlemen: This letter (this "Letter of Representation ") is being delivered to PNC Capital Markets LLC and Stifel, Nicolaus & Company, Incorporated (collectively, the "Underwriters ") in consideration for your entering into a Contract of Purchase dated the date hereof (the "Purchase Contract ") with the New Hanover County Financing Corporation (the "Corporation ") for the purchase of the above - referenced Limited Obligation Bonds, Series 2021 (the "Bonds "). Pursuant to the Purchase Contract, the Underwriters have agreed to purchase from the Corporation, and the Corporation has agreed to sell to the Underwriters the Bonds. In order to induce the Corporation to enter into the Purchase Contract and as consideration for the execution, delivery and sale of the Bonds by the Corporation and the purchase of them by the Underwriters, the undersigned, the County of New Hanover, North Carolina (the "County "), makes the representations, warranties and covenants contained in this Letter of Representation. Unless the context clearly indicates otherwise, each capitalized term used in this Letter of Representation will have the meaning set forth in the Purchase Contract. 1. Approval of Of Statement. The County has heretofore authorized and approved the Preliminary Official Statement to be dated February , 2021 (the "Preliminary Official Statement ") and hereby authorizes and approves the final Official Statement dated February , 2021 (the "Final Official Statement," the Preliminary Official Statement and any amendments or supplements that may be authorized for use with respect to the Bonds are herein referred to collectively as the "Official Statement "). The County consents and ratifies the distribution and use of the Preliminary Official Statement and Final Official Statement by the Underwriters. The County agrees to deliver to the Underwriters, at such addresses as the Underwriters shall specify, as many copies of the Final Official Statement as the Underwriters shall reasonably request as necessary to comply with paragraph (b)(4) of Rule 15c2 -12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule ") and with Rule G- A -1 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 18 32 and all other applicable rules of the Municipal Securities Rulemaking Board. The County agrees to deliver such Final Official Statements within seven business days after the execution hereof. The County will take all actions and provide all information reasonably requested by the Underwriters to ensure that the Official Statement at all times during the initial offering and distribution of the Bonds does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Neither the Corporation nor the County will amend or supplement, or approve any amendment or supplement of, the Official Statement without the prior written consent of the Underwriters (which consent will not be unreasonably withheld); provided, however, that, if between the date of this Purchase Contract and 25 days from the end of the underwriting period, as defined below, any event occurs or any fact is disclosed which might cause the Official Statement, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the County will promptly notify the Underwriters, and, if in the opinion of the Underwriters, such event or disclosure requires the preparation and publication of a supplement or amendment to the Official Statement, the County will supplement or amend the Official Statement in the form and manner approved by the Underwriters. For purposes of this Letter of Representation, the "end of the underwriting period" will mean the later of (i) the Closing or (ii) the time that the Underwriters no longer retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless otherwise notified in writing by the Underwriters and the County shall treat the Closing as the "end of the underwriting period." The County represents and warrants that (a) it deems the Preliminary Official Statement final as of its date except for omitted information permitted under paragraph (b)(1) of the Rule and (b) the Official Statement constitutes as of this date a final official statement within the meaning of paragraph (e)(3) of the Rule. 2. Representations, Warranties and Covenants of County. The County represents and warrants to and agrees with the Underwriters that: (a) the County is a political subdivision, validly organized and existing under the laws of the State of North Carolina; (b) on the date hereof and at the Closing Date, the statements and information contained in the Official Statement, except for the information contained under the captions "INTRODUCTION -- BOOK -ENTRY ONLY," "THE CORPORATION," and "UNDERWRITING" and in Appendices D and E thereto, are and will be true, correct and complete in all material respects and do not and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading; (c) certain information from the audited financial report of the County for the year ended June 30, 2020, included in Appendix B to the Official Statement, presents fairly the financial position of the County for the period specified, and such financial report and statements have been A -2 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 19 prepared in conformity with generally accepted accounting principles consistently applied in all material respects, except as otherwise stated in the notes thereto; (d) other than as set forth in or contemplated by the Official Statement, since June 30, 2020, there has been no material adverse change in the general affairs, financial position, results of operations or condition, financial or otherwise, of the County, and the County has not incurred liabilities that would materially affect the ability of the County to discharge its obligations under this Letter of Representation, the Deed of Trust (including the Notice of Extension) and the Contract (collectively, the "County Documents "), direct or contingent; (e) the County has received and there remain currently in full force and effect, or will receive prior to the delivery of the Bonds, all consents, approvals, authorizations and orders of governmental or regulatory authorities that would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the County of its obligations under the County Documents; at a meeting of the Board of Commissioners of the County that was duly called and at which a quorum was present and acting throughout, the Board of Commissioners duly approved the execution and delivery by the County of the County Documents; (f) the approval, execution and delivery of the County Documents by the County and compliance with the provisions thereof and hereof, under the circumstances contemplated thereby and hereby, do not and will not conflict with, constitute a breach of or default under, or result in the creation of a lien on any property of the County (except as contemplated therein) pursuant to applicable law or any indenture, bond order, deed of trust, mortgage, agreement or other instrument to which the County is a party or by which the County is bound, or conflict with or violate any applicable law, administrative rule, regulation, judgment, court order or consent decree to which the County is subject; (g) to the best of its knowledge, after due and reasonable investigation, there is no claim, action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, or public board or body, pending or threatened (i) contesting the corporate existence or powers of the County or the titles of the officers of the County to their respective offices, (ii) seeking to prohibit, restrain or enjoin the collection of revenues by the County or the application of the proceeds of the Bonds wherein an unfavorable decision, ruling or finding would materially adversely affect the financial position of the County or the operation of its facilities or the validity or enforceability of the County Documents; (h) contesting, questioning or affecting the validity of the County Documents, (iv) contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Final Official Statement (nor, to the best knowledge of the County, is there any basis therefor), (v) challenging the right of the County to complete the 2021 Projects, or (vi) challenging the transactions contemplated by the County Documents or the Purchase Contract; (i) the County is not in default on the payment of the principal of or interest on any indebtedness for borrowed money or under any instrument relating to such indebtedness and no event has occurred and is continuing which, with the lapse of time or the giving of notice or both, might constitute an event of default under any such instrument, and no event has occurred which A -3 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 20 with the passage of time or the giving of notice, or both, would constitute an event of default as defined in the Contract; 0) the County will furnish such information and will cooperate with the Underwriters in taking such actions as the Underwriter may reasonably request to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of any state and other jurisdictions of the United States which the Underwriters may designate; provided, however, that the County will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with such qualification; (k) the County will take all action and provide all information required to be taken or provided by the Corporation under the Purchase Contract in connection with the preparation and distribution of the Official Statement, and the terms and conditions of the Purchase Contract relating to such preparation and distribution, including without limitation the provisions of Section 3 thereof, are incorporated by reference in this Letter of Representation, mutatis mutandis; (1) on the Closing Date, the County Documents will have been duly authorized, executed and delivered and will constitute valid and binding obligations of the County enforceable in accordance with their terms (except insofar as the enforcement thereof may be limited by bankruptcy, insolvency or similar laws relating to the enforcement of creditors' rights); (m) if, at any time prior to the later of (i) receipt of notice from the Underwriters pursuant to Section 3(b) of the Purchase Contract that Official Statements are no longer required to be delivered under the Rule (as defined in the Purchase Contract) or (ii) 90 days after the Closing, any event occurs as a result of which the Preliminary Official Statement or the Final Official Statement as then amended or supplemented might include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the County shall promptly notify the Underwriters thereof in writing; provided, however, that the County shall have such obligations with respect to information in the Preliminary Official Statement and Final Official Statement concerning and supplied by the Corporation or the Underwriters only to the extent the County has actual knowledge or notice of any such event; any information supplied by the County for inclusion in any amendments or supplements to the Preliminary Official Statement or Final Official Statement will not contain any untrue or misleading statement of a material fact relating to the County or omit to state any material fact relating to the County necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and on the request of the Underwriters therefore, the County shall prepare and deliver to the Underwriters at the County's expense as many copies of an amendment or supplement which will correct any untrue statement or omission as the Underwriters may reasonably request; (n) in the Contract the County will covenant to comply with the information reporting requirements adopted by the Securities and Exchange Commission or the Municipal Securities Rulemaking Board with respect to obligations such as the Bonds; and (o) any certificate signed by any official of the County and delivered to the Underwriters will be deemed to be a representation by the County to the Underwriters as to the statements made therein. A -4 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 21 3. Indemnification. (a) To the fullest extent permitted by applicable law, the County agrees to indemnify and hold harmless the Underwriters against any and all losses, damages, expenses (including reasonable legal and other fees and expenses), liabilities or claims (or actions in respect thereof), to which the Underwriters or the other persons described in subsection (b) of this Section may become subject under any federal or state securities laws or other statutory law or at common law or otherwise, caused by or arising out of or based upon any breach (or alleged breach) by the County of any of the covenants, representations or warranties herein or any untrue statement or misleading statement or alleged untrue statement or alleged misleading statement of a material fact contained in the Official Statement or caused by any omission or alleged omission from the Official Statement of any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. (b) The indemnity provided under this Section will extend to the extent permitted by applicable law upon the same terms and conditions to each officer, director, employee or agent of the Underwriters, and each person, if any, who controls either of the Underwriters within the meaning of Section 15 of the Securities Act of 1933 or Section 20 of the Securities Exchange Act of 1934. Such indemnity will also extend, without limitation, to any and all expenses whatsoever reasonably incurred by any indemnified party in connection with investigation, preparing for or defending against, or providing evidence, producing documents or taking any other reasonable action in respect of, any such loss, damage, expense, liability, or claim (or action in respect thereof), whether or not resulting in any liability, and will include the aggregate amount paid in settlement of any litigation, commenced or threatened, or of any claim whatsoever as set forth herein if such settlement is effected with the written consent of the County. (c) Within a reasonable time after an indemnified party under subsections (a) and (b) of this Section has been served with the summons or other first legal process or has received written notice of the threat of a claim in respect of which an indemnity may be claimed, such indemnified party must, if a claim for indemnity in respect thereof is to be made against the County under this Section, notify the County in writing of the commencement thereof, but the omission to so notify the County will not relieve it from any liability that it may have to any indemnified party other than pursuant to subsections (a) and (b) of this Section. The County will be entitled to participate at its own expense in the defense, and if the County so elects within a reasonable time after receipt of such notice, or if all indemnified parties seeking indemnification in such notice so direct, the County must, to the fullest extent permitted by applicable law, assume the defense of any suit brought to enforce any such claim, and such defense will be conducted by counsel chosen promptly by the County and reasonably satisfactory to the indemnified party; provided, however, that, if the defendants in any such action include such an indemnified parry and the County, or include more than one indemnified party, and any such indemnified party has been advised by its counsel that there may be legal defenses available to such indemnified party that are different from or additional to those available to the County or another indemnified party, and that in the reasonable opinion of such counsel are sufficient to make it undesirable for the same counsel to represent such indemnified party and the County, or another defendant indemnified party, such indemnified party will have the right to employ separate counsel in such action (and the County will not be entitled to assume the defense thereof on behalf of such indemnified party), and in such event the A -5 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 22 reasonable fees and expenses of such counsel will, to the fullest extent permitted by applicable law, be borne by the County. Nothing contained in this subsection (c) will preclude any indemnified party, at its own expense, from retaining additional counsel to represent such party in any action with respect to which indemnity may be sought from the County hereunder. (d) If the indemnification provided for in subsections (a) and (b) of this Section is unavailable to or insufficient to hold harmless and indemnify any indemnified parry in respect of any losses, damages, expenses, liabilities, or claims (or actions in respect thereof) referred to therein, then the County, to the extent permitted by applicable law, on the one hand, and the Underwriters, on the other hand, will contribute to the amount paid or payable by the indemnified party as a result of such losses, damages, expenses, liability or claims (or actions in respect thereof) in such proportion as is appropriate to reflect the relative benefits received by the County on the one hand and the Underwriters on the other hand from the offering of the Bonds. If, however, the allocation provided by the immediately preceding sentence is not permitted by applicable law, or if the indemnified parry failed to give the notice required under the subsection (c) above, then the County, to the extent permitted by applicable law, on the one hand and the Underwriters on the other hand will contribute to such amount paid or payable by the indemnified party in such proportion as is appropriate to reflect not only such relative benefits but also the relative fault of the County on the one hand and the Underwriters on the other in connection with the statements or omissions that resulted in such losses, damages, expenses, liabilities or claims (or actions in respect thereof), as well as any other relevant equitable considerations. The relative benefits received by the County on the one hand and the Underwriters on the other hand will be deemed to be in such proportion so that the Underwriters are responsible for that portion represented by the percentage that the underwriting discount payable to the Underwriters hereunder (i.e., the excess of the aggregate public offering price for the Bonds as set forth on the cover page of the Official Statement over the price to be paid by the Underwriters to the County upon delivery of the Bonds as specified in Section 1 of the Purchase Contract) bears to the aggregate public offering price as described above, and the County is responsible for the balance. The relative fault will be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the County on the one hand or the Underwriters on the other hand and the parties' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission. In the event the Underwriters have knowledge of a claim subject to the contribution provided by this subsection (d), the Underwriters agree within a reasonable time of obtaining such knowledge, to convey notice of such claim to the County. It is agreed and understood that if the Underwriters fail under the circumstances set forth in the preceding sentence, to convey the above referenced notice to the County, then the County will not be obligated to provide contribution pursuant to this subsection (d). The County and the Underwriters agree that it would not be just and equitable if contribution pursuant to this subsection (d) were determined by any method of allocation that does not take account of the equitable considerations referred to above in this subsection (d). The amount paid or payable by an indemnified party as a result of the losses, damages, expenses, liabilities or claims (or actions in respect thereof) referred to in this subsection (d) will be deemed to include any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. A -6 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 23 (e) The indemnity and contribution provided by this Section will be in addition to any other liability that the County may otherwise have hereunder, at common law or otherwise, and is provided solely for the benefit of the Underwriters and each director, officer, employee, agent, attorney and controlling person referred to therein, and their respective successors, assigns and legal representatives, and no other person will acquire or have any right under or by virtue of such provisions of this Letter of Representation. 4. Survival of Representations, Warranties and Covenants. All representations, warranties and agreements in this Letter of Representation will survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriters, (b) delivery of any payment by the Underwriters for the Bonds hereunder, and (c) any termination of the Purchase Contract. 5. Binding on Successors and Assigns. This Letter of Representation will be binding upon the County and the successors and assigns of the County and inure solely to the benefit of the Underwriters and, to the extent set forth herein, any director, officer, employee, or agent of the Underwriters and, to the extent set forth herein, persons controlling the either of the Underwriters, and their respective personal representatives, successors and assigns, and no other person or firm or entity will acquire or have any right under or by virtue of this Letter of Representation. Acceptance of this Letter of Representation by the Underwriters is waived. COUNTY OF NEW HANOVER, NORTH CAROLINA Lisa Wurtzbacher, Chief Financial Officer A -7 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 24 EXHIBIT B FORM OF SUPPLEMENTAL OPINION OF BOND COUNSEL March , 2021 PNC Capital Markets LLC. Charlotte, North Carolina Stifel, Nicolaus & Company, Incorporated Charlotte, North Carolina Limited Obligation Bonds, Series 2021 Evidencing Proportionate Undivided Interests In Rights To Receive Certain Revenues Pursuant To An Installment Financing Contract Between New Hanover County Financing Corporation And The COUNTY OF NEW HANOVER, NORTH CAROLINA Ladies and Gentlemen: We have acted as Bond Counsel to the County of New Hanover, North Carolina (the "County ") in connection with the execution and delivery on the date hereof of the $ Limited Obligation Bonds, Series 2021 (the "Bonds "), evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to the Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract "), between the County and New Hanover County Financing Corporation (the "Corporation "), as amended by Amendment Number One to the Installment Financing Contract dated September 1, 2012 (the "First Amendment "), Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment ") and Amendment Number Three to an Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment," and together with the 2010 Contract, the First Amendment and the Second Amendment, the "Contract "). The Bonds are being purchased today by PNC Capital Markets LLC and Stifel, Nicolaus & Company, Incorporated (collectively, the "Underwriters ") pursuant to a Contract of Purchase dated February , 2021 (the "Purchase Contract "), between the Corporation and the Underwriters. Capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Purchase Contract. In our capacity as Bond Counsel, we have on this date delivered our principal opinion relating to the Contract and the Bonds and the legality of the authorization and execution and delivery thereof, the treatment as ordinary income for federal income tax purposes of the portion of the Installment Payments designated and paid as interest with respect to the Bonds and certain other matters, which opinion may be relied upon by you to the same extent as if addressed to you. In connection with this opinion, we have examined and are familiar with originals or copies, certified or otherwise identified to our satisfaction, of various documents, certificates and opinions of counsel (including the opinion dated the date hereof of Wanda Copley, Esq., Wilmington, North Carolina, County Attorney) and the final Official Statement dated February , 2021, with respect to the Bonds (the "Official Statement "), and have examined such other B -1 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 25 documents, certificates, opinions of counsel, instruments and records, and have made such investigations of law, as we have deemed necessary and appropriate as a basis for the opinions hereinafter expressed. In our examination, we have assumed the genuineness of all signatures, the legal capacity of natural persons, the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies, and the authenticity of originals of such copies. As to any facts material to this opinion that we did not independently establish or verify, we have relied upon statements and representations of officers and other representatives of the County, the Corporation and others. On the basis of and in reliance upon the foregoing, we are of the opinion that : 1. The statements in the Official Statement on the cover page and under the headings "INTRODUCTION -- SECURITY" and "- -THE 2021 BONDS," "SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS" and "CONTINUING DISCLOSURE OBLIGATION" and in Appendix C - "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS," to the extent such statements purport to summarize certain terms of the Contract, the Deed of Trust, the Indenture and the Bonds, fairly and accurately summarize such terms. The statements contained in the Official Statement under the headings "INTRODUCTION- -TAX STATUS" and "TAX TREATMENT" present fairly and accurately the matters referred to therein. 2. The Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification as an indenture under the Trust Indenture Act of 1939, as amended. This opinion is furnished to you solely for your benefit and may not be used, circulated, quoted or otherwise referred to without our prior written consent. Very truly yours, B -2 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 26 EXHIBIT C FORM OF OPINION OF COUNSEL FOR THE COUNTY [Letterhead of Wanda Copley, Esq., County Attorney] March , 2021 County of New Hanover, North Carolina PNC Capital Markets LLC Wilmington, North Carolina Charlotte, North Carolina New Hanover County Financing Corporation U.S. Bank National Association Wilmington, North Carolina Charlotte, North Carolina Parker Poe Adams & Bernstein LLP Stifel, Nicolaus & Company, Incorporated Raleigh, North Carolina Charlotte, North Carolina Limited Obligation Bonds, Series 2021 Evidencing Proportionate Undivided Interests In Rights To Receive Certain Revenues Pursuant To An Installment Financing Contract Between New Hanover County Financing Corporation And The COUNTY OF NEW HANOVER, NORTH CAROLINA Ladies and Gentlemen: I have acted as counsel to the County of New Hanover, North Carolina (the "County ") and have served in such capacity in connection with the execution and delivery of the Limited Obligation Bonds, Series 2021 (the "Bonds "), which are being purchased by PNC Capital Markets LLC and Stifel, Nicolaus & Company, Incorporated (collectively, the "Underwriters ") pursuant to the Contract of Purchase dated February , 2021 (the "Purchase Agreement "), between New Hanover County Financing Corporation (the "Corporation ") and the Underwriters. All capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Purchase Agreement. This opinion letter is being delivered pursuant to Section 8(e)(iii)(3) of the Purchase Agreement. The Bonds are being executed and delivered pursuant to an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture "), between the Corporation and U.S. Bank National Association, as trustee (the "Trustee ") as supplemented and amended by Supplemental Indenture Number 1 dated as September 1, 2012 (the "First Supplement "), Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement ") and Supplemental Indenture Number 3 dated as of March 12021 (the "Third Supplement," and together with the 2010 Indenture, the First Supplement and the Second Supplement, the "Indenture, ") between the Corporation and the Trustee. The proceeds derived from the sale of the Bonds will be advanced by the Corporation to the County pursuant to an Installment Financing Contract dated as of June 1, 2012 (the "2010 Contract ") between the Corporation and the County, as amended by Amendment Number One to the Installment Financing Contract dated as of September 1, 2012 and Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment "), and together with the 2010 Contract, the "Contract," between the Corporation and the County. The C -1 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 27 County's obligations under the Contract are secured by a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010, as extended by that certain Notice of Extension of Deed of Trust to Additional Property given as of February 1, 2021 and that certain Notice of Extension of Deed of Trust to Additional Property given as of March 1, 2021 (collectively, the "Deed of Trust ") from the County to the deed of trust trustee named therein for the benefit of the Corporation. I have examined documents related to the transactions contemplated by the Indenture, the Contract, the Purchase Agreement, the Letter of Representation dated February , 2021 delivered pursuant to the Purchase Contract (the "Letter of Representation "), and the Deed of Trust (the Contract, the Purchase Agreement, the Letter of Representation, the Deed of Trust and such other documents as applicable to the County are hereinafter collectively referred to as the "County Documents ", including documents and proceedings pertaining to the Resolution of the County (the "Resolution ") adopted at a meeting of the Board of Commissioners of the County on January 19, 2021, approving the transactions contemplated thereby. In connection with this opinion, I also have examined originals, or copies identified to my satisfaction, of such other documents, instruments, certificates and records as I have considered appropriate in order to render my opinions contained herein. Where I have considered it appropriate, as to certain facts I have relied, without investigation or analysis of any underlying data contained therein, upon certificates or other comparable documents of public officials or other appropriate representatives of the County. In rendering the opinions set forth herein, I have assumed, among other things, the legal capacity of all natural persons, the genuineness of all signatures not signed in my presence, the authenticity of all documents submitted to me as originals, that all documents submitted to me as copies conform with the originals thereof, that the County Documents fully state the agreement between the County and the other parties thereto, and that the County Documents constitute the legal, valid and binding obligation of the parties thereto other than the County, enforceable in accordance with their respective terms. The opinions set forth herein are limited to matters governed by the laws of the State of North Carolina and the federal laws of the United States, and no opinion is expressed herein as to the laws of any other jurisdiction. I express no opinion concerning any matter respecting or affected by any laws other than laws that a lawyer in North Carolina exercising customary professional diligence would reasonably recognize as being directly applicable to the County, the Bonds or both of them. Based upon and subject to the foregoing and the further limitations and qualifications hereinafter expressed, it is my opinion that: 1. The County is a political subdivision of State of North Carolina duly organized and existing under the constitution and laws of the State of North Carolina, and has the full legal right, power and authority to execute and deliver the County Documents and to perform all of the obligations thereunder and as contemplated thereby. C -2 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 28 2. The County Documents have each been duly authorized, executed and delivered by the County, and assuming due authorization, execution and delivery by the other parties thereto, each constitutes a valid and legally binding agreement of the County enforceable in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' rights heretofore or hereafter enacted or by equitable principles. 3. The County has duly approved the Preliminary Official Statement and the Official Statement and the use thereof by the Underwriters in connection with the offering and sale of the Bonds. 4. All consents, approvals or authorizations of any governmental entity and all filings required on the part of the County in connection with the execution and delivery of the Bonds and the authorization, execution and delivery of the County Documents and the consummation of the transactions contemplated thereby have been obtained and are in full force and effect, except that I express no opinion as to any federal or state regulatory requirements of the Underwriters or any action required under federal or state securities or Blue Sky laws in connection with the offering and sale of the Bonds by the Underwriters. 5. To the best of my knowledge, the County is not in violation or breach of or in default under any applicable law or administrative regulation of the State of North Carolina or the United States or any applicable judgment or decree or administrative ruling or any agreement, resolution, certificate or other instrument to which the County is a party or is otherwise subject which violation, breach or default would in any way materially adversely affect the County's transactions contemplated by the County Documents or the execution and delivery of the Bonds, and, to the best of my knowledge, no event has occurred and is continuing which with the passage of time or giving of notice, or both, would constitute such a violation or breach thereof or default thereunder. 6. To the best of my knowledge, the execution and delivery of the County Documents by the County, and compliance with the provisions of each, do not and will not conflict with or constitute a breach or violation of or a default under any applicable law, rule or regulation of the United States or of the State of North Carolina or of any department, division, agency or instrumentality thereof having jurisdiction over the County or any applicable order, judgment or decree of any court of other governmental agency or body or any bond, note, loan agreement, resolution, certificate, agreement or other instrument to which the County is a party or by which it or its property is bound. 7. The Deed of Trust has been recorded in the Office of the Register of Deeds of New Hanover County. The recording of the Deed of Trust is effective and in accord with North Carolina law. The opinions expressed above are subject to the following qualifications and limitations: 1. Enforcement of the County Documents is subject to the effect of applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium and similar laws affecting the enforcement of creditors' rights generally. C -3 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 29 2. Enforcement of the County Documents is subject to the effect of general principles of equity (regardless of whether considered in a proceeding in equity or at law) by which a court with proper jurisdiction may deny rights of specific performance, injunction, self -help, possessory remedies or other remedies. 3. Indemnification provisions in the County Documents are subject to and may be rendered unenforceable by applicable law or public policy, including applicable securities law. [Insert other appropriate exceptions, if any] I advise you that, to my knowledge, after reasonable investigation, there is no action, suit, proceeding or governmental investigation at law or in equity before or by any court, public board or body, pending of which the County has been served with a summons, summons and complaint or other notice of commencement, or threatened against the County, (a) to restrain or enjoin the execution or delivery of the Bonds, (b) challenging the validity of the Resolution, the County Documents, the Bonds or contesting the power and authority of the County to execute and deliver the County Documents or to consummate the transactions contemplated therein, or (c) adversely affecting the security for the Bonds. In addition, I advise you that I have participated in the preparation of the Official Statement and that nothing has come to my attention that would lead me to believe that the Official Statement contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading (except that I express no view about the information concerning the validity or tax status of the Bonds, The Depository Trust Company and the book - entry system for the Bonds, or about the financial and statistical data contained in the Official Statement); however, I have not independently verified the accuracy, completeness or fairness of any information provided to me by the County or any other person or the genuineness of any document provided to me by the County or any other person in connection with my participation in the preparation of the Official Statement. This opinion is rendered solely for your benefit in connection with the subject transaction and may not be relied upon by you or any other person for any other purposes without my prior written consent. Respectfully submitted, C -4 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 30 EXHIBIT D FORM OF OPINION OF COUNSEL FOR THE CORPORATION [Letterhead of Parker Poe Adams & Bernstein LLP, counsel for the Corporation] March , 2021 County of New Hanover, North Carolina Wilmington, North Carolina New Hanover County Financing Corporation Wilmington, North Carolina Stifel, Nicolaus & Company, Incorporated Charlotte, North Carolina PNC Capital Markets LLC Charlotte, North Carolina U.S. Bank National Association Charlotte, North Carolina Limited Obligation Bonds Series 2020A Evidencing Proportionate Undivided Interests In Rights To Receive Certain Revenues Pursuant To An Installment Financing Contract Between New Hanover County Financing Corporation And The COUNTY OF NEW HANOVER, NORTH CAROLINA Ladies and Gentlemen: We have acted as counsel to New Hanover County Financing Corporation (the "Corporation "), a nonprofit corporation organized under the Constitution and laws of the State of North Carolina, in connection with the execution and delivery by the Corporation of its (1) $ Limited Obligation Bonds, Series 2021 (the "Bonds "), (2) an Installment Financing Contract dated as of June 1, 2010, (the "2010 Contract "), between the County of New Hanover, North Carolina (the "County ") and the Corporation, as amended by Amendment Number One to the Installment Financing Contract dated as of September 1, 2012, Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment ") and Amendment Number Three to the Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment," and together with the 2010 Contract, the "Contract "), each between the Corporation and the County, (3) an Indenture of Trust dated as of June 1, 2010, (the "2010 Indenture ") between the Corporation and U.S. Bank National Association, as trustee (the "Trustee "), as supplemented and amended by Supplemental Indenture Number 1 dated as September 1, 2012, Supplemental Indenture Number 2 dated as of February 1, 2020 (the "Second Supplement ") and Supplemental Indenture Number 3 dated as of March 1, 2021 (the "Third Supplement," and together with the 2010 Indenture, the First Supplement and the Second Supplement, the "Indenture "), each between the Corporation and the Trustee and (4) the Contract of Purchase dated February , 2021 (the "Purchase Agreement "), between the Corporation and PNC Capital Markets LLC and Stifel, Nicolaus & Company, Incorporated (collectively, the "Underwriters "). This opinion letter is delivered pursuant to Section 8(e)(iii)(4) of the Purchase Agreement. D -1 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 31 In such capacity, we have examined the following: (i) The statutes, public records, proceedings, resolutions and documents in connection with the organization of the Corporation which we consider necessary for the purpose of this opinion; (ii) Executed counterparts of the following documents (collectively, the "Corporation Documents "): (a) the Indenture, (b) the Contract, (c) the Bonds and (d) the Purchase Agreement; and (iii) The Preliminary Official Statement dated February _, 2021, and the Official Statement dated February , 2021 (together, the "Official Statement ") used in connection with the sale of the Bonds. In connection with this opinion, we also have examined originals, or copies identified to our satisfaction, of such other documents, instruments, certificates and records as we have considered appropriate in order to render our opinions contained herein. Where we have considered it appropriate, as to certain facts we have relied, without investigation or analysis of any underlying data contained therein, upon certificates or other comparable documents of public officials or other appropriate representatives of the Corporation. In rendering the opinions set forth herein, we have assumed, among other things, the legal capacity of all natural persons, the genuineness of all signatures not signed in our presence, the authenticity of all documents submitted to us as originals, that all documents submitted to us as copies conform with the originals thereof, that the Corporation Documents fully state the agreement between the Corporation and the other parties thereto, and that the Corporation Documents constitute the legal, valid and binding obligation of the parties thereto other than the Corporation, enforceable in accordance with their respective terms. The phrases "to our knowledge" and "known to us" mean conscious awareness of lawyers in the primary lawyer group of factual matters such lawyers recognize as being relevant to the opinion or confirmation so qualified. "Primary lawyer group" means any lawyer in this firm (i) who signs this opinion letter, (ii) who is actively involved in negotiating or documenting the execution and delivery of the Bonds or the Corporation Documents, or (iii) solely as to information relevant to a particular opinion or factual confirmation issue, who is primarily responsible for providing the response concerning the particular opinion or issue. The opinions set forth herein are limited to matters governed by the laws of the State of North Carolina and the federal laws of the United States, and no opinion is expressed herein as to the laws of any other jurisdiction. We express no opinion concerning any matter respecting or affected by any laws other than laws that a lawyer in North Carolina exercising customary professional diligence would reasonably recognize as being directly applicable to the Corporation, the Bonds or both of them. Based upon the foregoing examination, we are of the opinion, as of the date hereof and under existing law, that: D -2 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 32 1. Based solely on a certificate of existence with respect to the Corporation issued on February , 2021 by the Secretary of State of North Carolina, the Corporation is a nonprofit corporation duly organized and validly existing in good standing under the laws of the State of North Carolina. The Corporation has full power and authority to enter into and perform its obligations under the Corporation Documents and to execute and deliver the Bonds. 2. Each of the Corporation Documents has been duly authorized, executed and delivered by the Corporation and, assuming due authorization, execution and delivery thereof by the other parties thereto, each constitutes a valid and binding agreement of the Corporation enforceable in accordance with its terms, except that the enforceability of the Corporation Documents may be limited by applicable bankruptcy, reorganization, insolvency, moratorium, fraudulent conveyance or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity. 3. The Corporation has duly approved the Preliminary Official Statement and the Official Statement and the use thereof by the Underwriters in connection with the offering and sale of the Bonds. 4. No further consent or approval of any governmental body is required to be obtained for the sale of the Bonds to the Underwriters or the execution and delivery of the Corporation Documents by the Corporation, except that we express no opinion as to any federal or state regulatory requirements of the Underwriters or any action required under federal or state securities or Blue Sky laws in connection with the offering and sale of the Bonds by the Underwriters. 5. The execution and delivery of the Corporation Documents by the Corporation, and compliance with the provisions thereof under the circumstances contemplated thereby, and the approval of the Preliminary Official Statement and the Official Statement, (a) are within the powers of the Corporation, (b) do not and will not conflict with the Corporation's articles of incorporation or bylaws, (c) to the best of our knowledge, do not and will not in any material respect conflict with, or constitute on the part of the Corporation a breach of or default under, any indenture, deed of trust, mortgage, agreement or other instrument to which the Corporation is a party, or conflict with, violate or result in a breach of any judgment, court order or consent decree to which the Corporation is subject and (d) to the best of our knowledge, do not and will not conflict with, violate or result in a breach of any existing law, public administrative rule or regulation to which the Corporation is subject. The opinions expressed above are subject to the following qualifications and limitations: 6. Enforcement of the Corporation Documents is subject to the effect of applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium and similar laws affecting the enforcement of creditors' rights generally. 7. Enforcement of the Corporation Documents is subject to the effect of general principles of equity (regardless of whether considered in a proceeding in equity or at law) by which a court with proper jurisdiction may deny rights of specific performance, injunction, self -help, possessory remedies or other remedies. D -3 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 33 8. Indemnification provisions in the Corporation Documents are subject to and may be rendered unenforceable by applicable law or public policy, including applicable securities law. [Insert other appropriate exceptions, if any] To the best of our knowledge after reasonable investigation, the statements contained in the Official Statement under the headings entitled "THE CORPORATION" and "LEGAL MATTERS- LITIGATION" (with respect to the Corporation only) are true and correct and do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such statements, in light of the circumstances in which they are made, not misleading. Except as disclosed in the Official Statement, to the best of our knowledge, there is no action, suit, proceeding or governmental investigation at law or in equity before, or by, any court, public board or body, pending of which the Corporation has been served with a summons and complaint or other notice of commencement, or threatened against or affecting the Corporation, challenging the validity of the Corporation Documents or contesting the power and authority of the Corporation to execute and deliver the Corporation Documents or to consummate the transactions contemplated therein. This opinion is delivered to you and for your benefit in connection with the above transaction; it may not be relied upon by you for any other purposes and may not be relied upon by, nor may copies be provided to, any other person, firm, corporation or other entity without our prior written consent. Very truly yours, D -4 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 34 EXHIBIT E [FORM OF ISSUE PRICE CERTIFICATE] $[ ] Limited Obligation Bonds, Series 2021 Evidencing Proportionate Undivided Interests In Rights To Receive Certain Revenues Pursuant To An Installment Financing Contract Between New Hanover County Financing Corporation And The COUNTY OF HANOVER, NORTH CAROLINA ISSUE PRICE CERTIFICATE The undersigned, on behalf of PNC Capital Markets LLC (the "Representative "), on behalf of itself and the Underwriters for the above - captioned bonds (the "Bonds "), hereby certifies as set forth below with respect to the execution and delivery of the Bonds. 1. Sale of General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity of the Bonds was sold to the Public is the respective price set forth in Schedule A attached hereto. 2. Initial Offering Price of the Hold -the- Offering -Price Maturities. (a) The Representative offered the Hold - the - Offering -Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule B (the "Initial Offering Prices ") on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule C. (b) As set forth in the Contract of Purchase, the Representative has agreed in writing that (i) for each of the Hold- the - Offering- Price - Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for each Maturity during the Holding Period for such Maturity (the "hold- the - offering - price - rule "), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any third -party distribution agreement shall contain the agreement of each broker - dealer who is a party to the third -party distribution agreement, to comply with the hold- the - offering -price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any of the Hold- the - Offering -Price- Maturities at a price higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. E -1 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 35 3. Defined Terms. (c) County means the County of New Hanover, North Carolina. (d) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the "General Rule Maturities." (e) Hold - the - Offering -Price Maturities means those Maturities of the Bonds listed in Schedule B hereto as the "Hold- the - Offering -Price Maturities." (f) Holding Period means, with respect to a Hold- the - Offering -Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ([ , 2021]), or (ii) the date on which the Underwriter has [first] sold at least 10% of such Hold - the- Offering -Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold- the - Offering -Price Maturity. (g) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities. (h) Public means any person (including an individual, trust, estate, partnership, association, company or corporation) other than an Underwriter or a Related Party to an Underwriter. (i) Related Party means an entity that shares with another entity (1) more than 50% percent common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership of one corporation of another), (2) more than 50% common ownership of their capital interests or profits interests, if both parties are partnerships (including direct ownership by one partnership of another), or (3) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profits interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (j) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is February _, 2021. (k) Underwriter means (i) any person that agrees pursuant to a written contract with the County (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member E -2 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 36 of a selling group or a party to a third -party distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Underwriters' interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the County with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Parker Poe Adams & Bernstein LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of Internal Revenue Service Form 8038 -G, and other federal income tax advice it may give to the County from time to time relating to the Bonds. Dated: February , 2021 PNC CAPITAL MARKETS LLC, as Representative M. Name: E -3 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 37 SCHEDULE A Sale Prices of the General Rule Maturities Maturity Date Principal Amount (S) Initial Interest Rate ( %) Price (% of Par) E -4 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 38 SCHEDULE B Initial Offering Prices of Hold -the Offering -Price Maturities Maturity Date Principal Amount (S) Initial Interest Rate ( %) Price (% of Par) E -5 Board of Commissioners - January 19, 2021 ITEM: 20- 5 - 39 SCHEDULE C Pricing Wire or Equivalent E -6 Board of Commissioners - January 19, 2021 #80529473 v4 ITEM: 20- 5 - 40 Prepared by and Return to: Rebecca B. Joyner, Esq. Parker Poe Adams & Bernstein LLP 301 Fayetteville Street, Suite 1400 Raleigh, NC 27601 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Parker Poe Draft 12/28/2020 NOTICE OF EXTENSION OF DEED OF TRUST TO ADDITIONAL PROPERTY THIS NOTICE OF EXTENSION (this "Notice ") is given as of the 1 st day of March, 2021, by the COUNTY OF NEW HANOVER, NORTH CAROLINA, a political subdivision regularly created and validly existing under the laws of the State of North Carolina (the "Grantor "), to WANDA M. COPLEY, as deed of trust trustee (the "Deed of Trust Trustee ") for the benefit of NEW HANOVER COUNTY FINANCING CORPORATION, a nonprofit corporation duly created, existing and in good standing under the laws of the State of North Carolina (the "Corporation" and together with its successors and assigns, the `Beneficiary"), and assigned by the Corporation as grantor under the Indenture of Trust dated as of June 1, 2010 (the "Original Indenture "), as supplemented by Supplemental Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement "), Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement ") and Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement" and together with the Original Indenture, the First Supplement, and the Second Supplement, the "Indenture ") each between the Corporation and U.S. Bank National Association, as trustee (the "Trustee "); WITNESSETH: WHEREAS, the Corporation will execute and deliver Limited Obligation Bonds, Series 2021 (the "2021 Bonds ") under the Indenture, the proceeds of which will be used by the Grantor pursuant to an Installment Purchase Contract dated as of June 1, 2010 (the "Original Contract "), as previously amended by Amendment Number One to the Original Contract dated as of September 1, 2012 ("Amendment Number One") and Amendment Number Two to the Original Contract dated as of February 1, 2020 ( "Amendment Number Two "), and as further amended by Amendment Number Three to the Original Contract dated as of March 1, 2021 ( "Amendment Number Three" and together with the Original Contract, Amendment Number One, and Amendment Number Two, the "Contract "), each between the Grantor and the Corporation, to finance the capital costs of certain projects, among other things, as set forth in Amendment Number Three; and WHEREAS, Grantor executed and delivered to Trustee for the benefit of Corporation a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 (the "2010 Deed of Trust "), which Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 1 was duly recorded in Book 5489, Pages 710 -730 of the New Hanover County Register of Deeds office (the "Registry ") and was subsequently modified by a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 (the "First Notice of Extension ") and a Deed of Partial Release dated as of February 1, 2020 (the "Deed of Partial Release" and together with the 2010 Deed of Trust, the First Notice of Extension, and this Notice, the "Deed of Trust "). The 2010 Deed of Trust encumbers the Premises (as such term is defined in the 2010 Deed of Trust and amended by the First Notice of Extension) and secures the Grantor's obligations (the "Indebtedness ") under the Contract and the Deed of Trust, including future advances which may be made from time to time. The 2010 Deed of Trust was assigned by the Corporation to the Trustee under the Indenture and all rights of the Corporation under this Notice are being assigned to the Trustee pursuant to the Third Supplement. For purposes of this Notice, the term Beneficiary is deemed to include all interests, whatsoever, of the Corporation, and its assign, the Trustee, by, and through the Deed of Trust and the obligations secured by said Deed of Trust; and WHEREAS, Grantor was and is the owner of the Premises; and WHEREAS, the 2010 Deed of Trust contains an "after acquired property" clause; and WHEREAS, Grantor is also the owner of the real property described on Exhibit A attached hereto (hereinafter referred to as the "Additional Premises "); together with all buildings and other improvements, and all building materials, machinery and equipment delivered on site to the Additional Premises used in the course of or in connection with the construction of the improvements on the Additional Premises, fixtures thereon and hereafter placed thereon, as well as all plans and specifications of the construction of any improvements on the Additional Premises, and together with proceeds thereof (all of which are hereinafter collectively referred to as the "Additional Premises "); and WHEREAS, in connection with the execution and delivery of the 2021 Bonds, Grantor and the Corporation have agreed that the lien of the 2010 Deed of Trust be extended, modified and spread to cover and create a lien on not only the Premises, but also the Additional Premises, so that together the Deed of Trust shall constitute in law one mortgage and a single lien on the Premises and the Additional Premises securing the Indebtedness; and WHEREAS, Grantor acknowledges that this Notice confers a substantial benefit on it and is supported by good and valuable consideration. NOW THEREFORE, in consideration of the Indebtedness of Grantor to Beneficiary, the recitals set forth above (which are an integral part of the Notice and are not mere recitals), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: The foregoing recitals are true and correct. 2. The term Premises, as such term is defined in the 2010 Deed of Trust and amended by the First Notice of Extension, is hereby further amended to include the Additional Premises, and the lien of the 2010 Deed of Trust is hereby extended, modified and spread to cover and include the Additional Premises and the Premises so as to constitute a single lien upon the Additional Premises and the Premises. All references to the Premises in the 2010 Deed of Trust shall hereinafter be deemed to include the Premises and the Additional Premises. 4. Grantor hereby agrees that all terms, representations, warranties, covenants and agreements contained in the 2010 Deed of Trust shall hereinafter be deemed to apply to the Premises and the Additional Premises. 2 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 2 5. Grantor ratifies and confirms the lien and security interests of the Deed of Trust on the Premises, the Additional Premises, and in any and all property, real, personal or mixed, tangible or intangible, and fixtures, now or hereafter acquired by Grantor and encumbered by the Deed of Trust and Grantor transfers, assigns, grants to the Corporation and the Trustee as its assignee the benefit of a lien on and security interest in all such property now owned or hereafter acquired as security for the Indebtedness. 6. Grantor hereby covenants, represents and warrants that Grantor has good and clear record and marketable title in fee to the Additional Premises, subject to the Permitted Encumbrances (as such term is defined in the 2010 Deed of Trust and amended in the First Notice of Extension) and the "Additional Permitted Encumbrances" (as set forth on Exhibit B attached hereto). 7. Grantor hereby represents and warrants that it has good right and lawful authority to provide this Notice and to mortgage and convey the Additional Premises, as provided herein. 8. Any reference in the Deed of Trust to the Indenture or the Contract refers to the Indenture or the Contract, as applicable, as defined in this Notice, as each such document may be further supplemented and amended pursuant to the terms thereof. 9. Except as specifically modified herein and in the First Notice of Extension and the Deed of Partial Release, the terms and conditions of the 2010 Deed of Trust remain in full force and effect as executed. Nothing herein contained in any way impairs the 2010 Deed of Trust, or alters, waives, annuls, varies or affects any provision, condition or covenant therein, except as provided herein and in the First Notice of Extension and the Deed of Partial Release, nor affects or impairs any rights, powers or remedies thereunder provided. 10. This Notice is binding on and inures to the benefit of the successors and assigns of the parties hereto. 11. Grantor, the Corporation and the Trustee acknowledge and agree that this Notice does not constitute a novation of the Indebtedness, but is intended only to be an extension, amendment and modification of the 2010 Deed of Trust for the purposes specifically noted herein. 12. Nothing contained herein constitutes a waiver, release, or limitation of any right, remedy, privilege, or default under the Deed of Trust. 13. The execution hereof by the Trustee, as Beneficiary, is for the sole purpose of evidencing its consent hereto as required by N.C. Gen. Stat. §47 -20.5. 14. This Notice is executed subject to the Additional Permitted Encumbrances. 15. The filing of this Notice constitutes a financing statement and fixture filing for all purposes of N.C. Gen. Stat. §25 -9 -512. All or part of the Additional Premises is or will become fixtures or other personalty requiring the filing of a financing statement; information concerning the security interest herein granted may be obtained at the addresses set forth on the first page hereof. The address of the Secured Party (Beneficiary) and the address of the Debtor (Grantor) is the address set forth in the Contract. Grantor is the record owner of the Additional Premises covered hereby. 3 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 3 IN WITNESS WHEREOF the parties have caused this Notice to be executed under seal, as applicable, effective the day and year first above written. GRANTOR: COUNTY OF NEW HANOVER, NORTH CAROLINA Chris Coudriet County Manager [SEAL] ATTEST: C Kym Crowell Clerk to the Board of Commissioners BENEFICIARY: U.S. BANK NATIONAL ASSOCIATION, as Trustee Shawna L. Hale Vice President DEED OF TRUST TRUSTEE: Wanda M. Copley, Deed of Trust Trustee 4 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Kym Crowell (the "Signatory ") personally came before me this day and acknowledged that she is the Clerk to the Board of Commissioners of the County of New Hanover, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chairman of the Board of Commissioners of the County of New Hanover, North Carolina and attested by her as Clerk to the Board of Commissioners of the County of New Hanover, North Carolina. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of- (check one of the following) _ a driver's license or in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal, this the day of March, 2021. Notary Public Print: Name: [Note: Notary Public must sign exactly as on notary seal] My Commission Expires: -'D [NOTARY SEAL] (MUST BE FULLY LEGIBLE) 5 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 5 STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public of the County and State aforesaid, certify that Shawna L. Hale (the "Signatory ") personally came before me this day and acknowledged that she is the Vice President of U.S. Bank National Association, and that by authority duly given and as the act of U.S. Bank National Association, the foregoing instrument was signed in its name by her. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of- (check one of the following) _ a driver's license or _ in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal, this the day of March, 2021. Notary Public Print: Name: [Note: Notary Public must sign exactly as on notary seal] My Commission Expires: -' [NOTARY SEAL] (MUST BE FULLY LEGIBLE) 6 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 6 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Wanda M. Copley (the "Signatory ") personally came before me this day and acknowledged that the foregoing instrument was signed by her. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license or _ in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal, this the day of March, 2021. Notary Public Print: Name: [Note: Notary Public must sign exactly as on notary seal] My Commission Expires: -w [NOTARY SEAL] (MUST BE FULLY LEGIBLE) 7 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 7 EXHIBIT A Additional Premises: New Government Center In the City of Wilmington, New Hanover County, North Carolina: [to come] A-] Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 8 EXHIBIT B "Additional Permitted Encumbrances" means the exceptions listed on Schedule B -II of the title insurance policy issued by Old Republic National Title Insurance Company in connection with the execution and delivery of the 2021 Bonds which are specifically incorporated herein by reference. B -1 Board of Commissioners - January 19, 2021 ITEM: 20- 6 - 9 PRELIMINARY OFFICIAL STATEMENT DATED FEBRUARY 10, 2021 Ratings: Moody's: O Issue -Full Book -Entry S &P: H (See "Ratings" herein) In the opinion of Bond Counsel, under existing law, assuming compliance by the County with certain w requirements of the Internal Revenue Code of 1986, as amended, interest with respect to the 2021 Bonds (1) is excludable from gross r4 a income for federal income tax purposes, (2) is not an item of tax preference for purposes of the federal alternative minimum tax and C) Z (3) is exemptfrom State of North Carolina income taxation. See "TAX TREATMENT "herein. E~ =o $ Q ° < Limited Obligation Bonds, Series 2021 w evidencing proportionate undivided interests in rights to receive ocertain Revenues pursuant to an Installment Financing Contract w O between New Hanover County Financing Corporation and the O o x COUNTY OF NEW HANOVER, NORTH CAROLINA oLn Z°� ZO a Dated: Date of Initial Execution and Delivery Due: August 1, as shown on inside cover page w U This Official Statement has been prepared by the County of New Hanover, North Carolina (the "County ") to provide information on the Limited wU Obligation Bonds, Series 2021 (the "2021 Bonds "). Selected information is presented on this cover page for the convenience of the user. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Capitalized terms used in w� O this Official Statement, unless otherwise defined herein, have the meanings set out in Appendix C hereto under "SUMMARY OF PRINCIPAL E, LEGAL DOCUMENTS - DEFINITIONS." pE Security: The 2021 Bonds and all other Bonds outstanding under the Indenture evidence proportionate undivided interests in rights to receive certain W E q Revenues pursuant to the Contract between the New Hanover County Financing Corporation (the "Corporation ") and the County. The performance a by the County of its obligations under the Contract, including the obligation to make Installment Payments thereunder, is secured by a Deed of Trust WO from the County to the Deed of Trust Trustee granting a lien of record on the Premises, subject to Permitted Encumbrances. The Corporation has O O °1 assigned to the Trustee for the benefit of the registered owners of the 2021 Bonds and all other Bonds outstanding under the Indenture substantially all UO C) a of its rights under the Contract, including the right to receive Installment Payments, and all of its rights as beneficiary of the Deed of Trust. d U a W THE PRINCIPAL, PREPAYMENT PRICE AND INTEREST WITH RESPECT TO THE 2021 BONDS ARE PAYABLE SOLELY FROM AMOUNTS PAYABLE BY �a Ca O O THE COUNTY UNDER THE CONTRACT AND, TO THE EXTENT PROVIDED IN THE INDENTURE, THE PROCEEDS OF THE SALE OF THE 2021 BONDS, �q w Z CONDEMNATION AWARDS OR THE SALE OR LEASE OF THE MORTGAGED PROPERTY. NEITHER THE CONTRACT, THE 2021 BONDS NOR THE PF. INTEREST WITH RESPECT THERETO CONSTITUTES A GENERAL OBLIGATION OR OTHER INDEBTEDNESS OF THE COUNTY. NO DEFICIENCY U W JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY CONTRACTUAL OBLIGATION TO MAKE U INSTALLMENT PAYMENTS PURSUANT TO THE CONTRACT, AND THE TAXING POWER OF THE COUNTY IS NOT PLEDGED DIRECTLY OR INDIRECTLY w H a TO SECURE ANY MONEYS DUE THE OWNERS OF THE 2021 BONDS. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS ON AN EVENT ZO OF DEFAULT RESULTING FROM THE COUNTY'S FAILURE TO MAKE INSTALLMENT PAYMENTS UNDER THE CONTRACT ARE LIMITED IN THE w �Ln " O CONTRACT TO THOSE OF A SECURED PARTY UNDER THE LAWS OF NORTH CAROLINA, INCLUDING FORECLOSING ON THE MORTGAGED T pa U W PROPERTY IN ACCORDANCE WITH THE DEED OF TRUST AND ARE ON A PARITY WITH THOSE RIGHTS AND REMEDIES AVAILABLE TO THE OWNERS �W Z W OF ALL BONDS OUTSTANDING UNDER THE INDENTURE. SEE "SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS" HEREIN O wv Z Prepayment: The 2021 Bonds are subject to optional prepayment before maturity. v C) H Issued Pursuant to: The 2021 Bonds will be executed and delivered pursuant to the Indenture. H v Q Purpose: The proceeds of the 2021 Bonds will be used by the County to (a) pay the capital costs of (1) acquisition, construction and equipping of a 200 -bed addiction 0 O w treatment center, (2) acquisition, construction and equipping of a new government center Z O Z x complex for the County, (3) construction of stormwater management improvements and w Q O � (4) miscellaneous capital improvements and the acquisition of certain O�E~v, w ° U equipment for County and school purposes and (b) refund an installment purchase H Q financing of a County fire station and a County library. Z O Interest Payment Dates: February 1 and August 1 of each year, beginning August 1, 2021. rA QDenomination: $5,000 and any integral multiple thereof. a w a w Closing Date: On or about March 4, 2021. z Registration: Full book -entry only; The Depository Trust Company. Q w w Trustee: U.S. Bank National Association, Raleigh, North Carolina. w N a Financial Advisor: First Tryon Advisors, Charlotte, North Carolina. O U E w w0 H u Bond Counsel U w & Corporation Counsel. Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina. rx 00.1 O d County Attorney: Wanda Copley, Esq., Wilmington, North Carolina. Z E" Underwriters' Counsel.: Holland & Knight LLP, New York, New York and Charlotte, North Carolina. �°ww x w PNC CAPITAL MARKETS LLC STIFEL, NICOLAUS & COMPANY, INCORPORATED w February _,2021 *Preliminary; subject to change. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 1 aP LIMITED OBLIGATION BONDS SERIES 2021 MATURITY SCHEDULE* Serial 2021 Bonds DUE PRINCIPAL INTEREST DUE PRINCIPAL INTEREST AUGUST 1 AMOUNT RATE YIELD CUSIP NO I AUGUST 1 AMOUNT RATE YIELD CUSIP NO I 2022 2028 2023 2029 2024 2030 2025 2031 2026 2032 2027 2033 $ _% Term Bonds due August 1, 20_ — Yield $ _% Term Bonds due August 1, 20_ — Yield $ _% Term Bonds due August 1, 20_ — Yield 1 CUSIP is a registered trademark of the American Bankers Association. CUSIP Global Services (CGS) is managed on behalf of the American Bankers Association by S &P Global Market Intelligence. Copyright (0 2018 CUSIP Global Services. All rights reserved. CUSIP numbers are set forth herein for the convenience of reference only and neither the County, the Underwriter, nor their agents take responsibility for the accuracy of such data. "Preliminary; subject to change. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 2 In connection with this offering, the Underwriters may over allot or effect transactions that stabilize or maintain the market price of the 2021 Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. No dealer, broker, salesman or other person has been authorized to give any information or to make any representation other than as contained in this Official Statement, and if given or made, such other information or representation must not be relied upon. This Official Statement does not constitute an offer to sell or the solicitation of any offer to buy, nor shall there be any sale of the 2021 Bonds by any person in any jurisdiction in which it is not lawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the Corporation, the County and other sources that are deemed to be reliable. Neither the 2021 Bonds nor the Indenture have been registered with the Securities and Exchange Commission by reason of the provisions of Section 3(a)(2) of the Securities Act of 1933, as amended. The registration or qualification of the 2021 Bonds and the Indenture in accordance with applicable provisions of securities laws of the states in which the 2021 Bonds and the Indenture have been registered or qualified, and the exemption from registration or qualification in other states, shall not be regarded as a recommendation thereof. In making an investment decision, investors must rely on their own examination of the terms of the offering, including the merits and risks involved. These securities have not been recommended by any federal or state securities commission or regulatory authority. Furthermore, the foregoing authorities have not confirmed the accuracy or determined the adequacy of this document. Any representation to the contrary is a criminal offense. All quotations from and summaries and explanations of laws and documents herein do not purport to be complete, and reference is made to such laws and documents for full and complete statements of their provisions. Any statements made in this Official Statement involving estimates or matters of opinion, whether or not expressly so stated, are intended merely as estimates or opinions and not as representations of fact. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale of the 2021 Bonds shall under any circumstances create any implication that there has been no change in the affairs of the County since the date hereof. The Underwriters have provided the following sentence for inclusion in this Official Statement: The Underwriters have reviewed the information in this Official Statement in accordance with, and as part of, their responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 3 TABLE OF CONTENTS Page INTRODUCTION......................................................................................................... ............................... 1 TheCounty ....................................................................................................... ............................... 1 Purpose.............................................................................................................. ............................... 2 Security............................................................................................................. ............................... 2 The2021 Bonds ................................................................................................ ............................... 3 BookEntry Only ............................................................................................... ............................... 3 TaxStatus ......................................................................................................... ............................... 3 Professionals..................................................................................................... ............................... 3 AdditionalInformation ..................................................................................... ............................... 4 THE2021 BONDS ........................................................................................................ ............................... 4 Authorization.................................................................................................... ............................... 4 General.............................................................................................................. ............................... 4 PrepaymentProvisions ...................................................................................... ............................... 5 THE PROJECTS AND REFUNDING .......................................................................... ............................... 7 ESTIMATED SOURCES AND USES OF FUNDS ..................................................... ............................... 7 SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS ............................... ............................... 8 Installment Payments and Additional Payments ............................................... ............................... 8 Budgetand Appropriation ................................................................................. ............................... 8 Deedof Trust .................................................................................................... ............................... 8 Indenture........................................................................................................... ............................... 9 Enforceability.................................................................................................. ............................... 10 AdditionalBonds ............................................................................................ ............................... 10 AVAILABLE SOURCES FOR PAYMENT OF INSTALLMENT PAYMENTS ..... ............................... 11 General............................................................................................................ ............................... 11 General Fund Revenues .................................................................................. ............................... 11 INSTALLMENT PAYMENT SCHEDULE ............................................................... ............................... 11 CERTAIN RISKS OF 2021 BOND OWNERS ........................................................... ............................... 13 Limited Obligation of the County ................................................................... ............................... 13 Riskof Nonappropriation ............................................................................... ............................... 13 EnvironmentalRisks ....................................................................................... ............................... 13 Valueof Collateral .......................................................................................... ............................... 13 Uninsured or Underinsured Casualty .............................................................. ............................... 14 Outstanding General Obligation Debt of the County ...................................... ............................... 14 OtherIndebtedness .......................................................................................... ............................... 14 Recent Developments ( COVID- 19) ................................................................ ............................... 14 Cybersecurity.................................................................................................. ............................... 15 ClimateChange ............................................................................................... ............................... 16 Bankruptcy...................................................................................................... ............................... 16 1 MEN I o i Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 4 THECOUNTY ............................................................................................................ ............................... 17 General............................................................................................................ ............................... 17 Contingent Liabilities and Litigation .............................................................. ............................... 17 LEGALMATTERS ..................................................................................................... ............................... 17 Litigation......................................................................................................... ............................... 17 Opinionsof Counsel ....................................................................................... ............................... 17 TAXTREATMENT .................................................................................................... ............................... 18 General............................................................................................................ ............................... 18 OriginalIssue Discount ................................................................................... ............................... 19 OriginalIssue Premium .................................................................................. ............................... 20 3 K�]►iI111►[I'f17F.Y13.Y1 UNDERWRITING...................................................................................................... ............................... 23 RATINGS.................................................................................................................... ............................... 23 FINANCIAL ADVISOR ............................................................................................. ............................... 24 MISCELLANEOUS .................................................................................................... ............................... 24 APPENDIX A THE COUNTY OF NEW HANOVER APPENDIX B MANAGEMENT'S DISCUSSION AND ANALYSIS AND THE BASIC FINANCIAL STATEMENTS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL APPENDIX E BOOK -ENTRY ONLY SYSTEM Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 5 Limited Obligation Bonds, Series 2021 evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Financing Contract between New Hanover County Financing Corporation and the COUNTY OF NEW HANOVER, NORTH CAROLINA INTRODUCTION The purpose of this Official Statement, which includes the Appendices hereto, is to provide certain information in connection with the execution, sale and delivery of the Limited Obligation Bonds, Series 2021, in the aggregate principal amount of $ (the "2021 Bonds "), which evidence proportionate undivided interests in rights to receive certain Revenues (as defined herein) pursuant to an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract "), between New Hanover County Financing Corporation (the "Corporation ") and the County of New Hanover, North Carolina (the "County "), as amended by Amendment Number One to an Installment Financing Contact dated as of September 1, 2012 (the "First Amendment "), Amendment Number Two to an Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment ") and Amendment Number Three to an Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment," and together with the 2010 Contract, the First Amendment and the Second Amendment, the "Contract "), each between the Corporation and the County. The 2021 Bonds will be executed and delivered pursuant to an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture "), between the Corporation and U.S. Bank National Association, Raleigh, North Carolina, as trustee (the "Trustee "), as amended and supplemented by Supplemental Indenture, Number I dated as of September 1, 2012 (the "First Supplement "), Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement ") and Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement," and together with the 2010 Indenture, the First Supplement and the Second Supplement, the "Indenture "), each between the Corporation and the Trustee. Capitalized terms used in this Official Statement, unless otherwise defined herein, have the meanings set out in Appendix C hereto. Pursuant to the Indenture, the Corporation has previously executed and delivered $49,835,000 aggregate principal amount of its Refunding Limited Obligation Bonds (New Hanover County Projects), Series 2010 (the "2010 Bonds "), $20,540,000 aggregate principal amount of its Refunding Limited Obligations Bonds (New Hanover County Projects), Series 2012 (the "2012 Bonds ") and $37,210,000 aggregate principal amount of its Limited Obligation Bonds, Series 2020A (the "2020A Bonds "). The 2010 Bonds, the 2012 Bonds and the 2020A Bonds are currently outstanding in the amount of $8,670,000, $7,460,000 and $33,190,000, respectively. The 2021 Bonds will be parity obligations with the 2010 Bonds, the 2012 Bonds and the 2020A Bonds under the Indenture. This Introduction provides only certain limited information with respect to the contents of this Official Statement and is expressly qualified by the Official Statement as a whole. Prospective investors should review the full Official Statement and each of the documents summarized or described herein. This Official Statement speaks only as of its date, and the information contained herein is subject to change. THE COUNTY The County is a political subdivision of the State of North Carolina (the "State "). See the caption "THE COUNTY" herein and Appendix A hereto for certain information regarding the County. Certain information from the County's most recent audited financial statements are contained in Appendix B hereto. The County Board of Commissioners approved the County's audited financial statements for the Fiscal Year ended June 30, 2020 on January_, 2021. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 6 PURPOSE The 2021 Bonds are being executed and delivered to provide funds to (a) pay the capital costs of (1) acquisition, construction and equipping of a 200 -bed long -term addiction treatment center to be located in the County and known as the "Healing Place," (2) acquisition, construction and equipping of a new government center complex for the County (the "New Government Center "), (3) construction of stormwater management improvements within the County and (4) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes, including public safety, and (b) refund an installment purchase financing of a County fire station and a County library. See the captions "THE PROJECTS AND REFUNDING" and "ESTIMATED SOURCES AND USES OF FUNDS" herein. SECURITY The 2021 Bonds, the 2020A Bonds, the 2012 Bonds, the 2010 Bonds and any Additional Bonds (as defined herein) outstanding under the Indenture (collectively, the "Bonds ") evidence proportionate undivided interests in the right to receive certain Revenues under the Contract. The 2021 Bonds are secured by such moneys as may be on deposit under the Indenture. The 2021 Bonds are payable solely from the Installment Payments and certain other moneys as provided in the Indenture. In connection with the execution and delivery of the 2010 Bonds, the County executed and delivered to a deed of trust trustee (the "Deed of Trust Trustee "), for the benefit of the Corporation or its assignee, a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 (the 112010 Deed of Trust "), as security for the County's obligations under the 2010 Contract, which granted a lien on a portion of the County's existing government center complex (the "Existing Government Center ") and the County's judicial building (the `Judicial Center "). In connection with the execution and delivery of the 2020A Bonds, the County and the Corporation agreed to extend, modify and spread the lien of the 2010 Deed of Trust to cover and create a lien on the Juvenile Justice Facility, under a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 (the "2020 Notice "). In connection with the execution and delivery of the 2020 Notice and the extension of the lien of the Deed of Trust to the Juvenile Justice Facility, the County and the Corporation released the lien on the Existing Government Center under a Deed of Partial Release dated as of February 1, 2020. Upon execution and delivery of the 2021 Bonds, the Deed of Trust will grant a lien of record on the New Government Center and the real property on which those facilities are located under a Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 (the "2021 Notice," and together with the 2010 Deed of trust and the 2020 Notice, the "Deed of Trust "), and any additions, modifications, attachments, replacements and parts thereof, as more particularly described in the Deed of Trust, subject to certain permitted encumbrances as described in the Contract and the Deed of Trust. The 2021 Bonds will be secured by the Mortgaged Property on a parity basis with the 2020A Bonds, the 2012 Bonds and the 2010 Bonds. "SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS - -DEED OF TRUST" herein. The Corporation has assigned to the Trustee for the benefit of the Owners of the Bonds executed and delivered pursuant to the Indenture (a) all rights, title and interest of the Corporation in the Contract (except for certain reserved rights), including its right to receive the Installment Payments thereunder, (b) all rights, title and interest of the Corporation in the Deed of Trust and the Mortgaged Property and (c) all moneys and securities from time to time held by the Trustee under the Indenture in any fund or account (except the Rebate Fund). Pursuant to the Contract, the Installment Payments are payable by the County directly to the Trustee. The Corporation may execute and deliver additional bonds under the Indenture (the `Additional Bonds ") and such Additional Bonds would have equal rights in the security available to the Owners of the 2021 Bonds, the 2020A Bonds, the 2012 Bonds and the 2010 Bonds. See the captions 2 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 7 "SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS -- ADDITIONAL BONDS" herein and "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - -THE INDENTURE -- Additional Bonds" in Appendix C hereto. Under certain conditions, the Deed of Trust Trustee may release portions of the Mortgaged Property from the lien of the Deed of Trust. See the caption "SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS - -DEED OF TRUST" herein and "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - -THE DEED OF TRUST" in Appendix C hereto. If a default occurs under the Contract, the Trustee may attempt to dispose of the Mortgaged Property and apply the proceeds received as a result of any such disposition to the payment of the amounts due to the Owners of the 2021 Bonds and all other Bonds outstanding under the Indenture. No assurance can be given that any such proceeds will be sufficient to pay the principal and interest with respect to the 2021 Bonds. In addition, no deficiency judgment can be obtained against the County if the proceeds from any such disposition (together with other funds that may be held by the Trustee under the Indenture) are insufficient to pay the 2021 Bonds in full. Neither the 2021 Bonds nor the County's obligation to make payments under the Contract constitute a pledge of the County's faith and credit within the meaning of any constitutional provision. See the caption "SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS" herein. THE 2021 BONDS The 2021 Bonds will be dated their date of initial execution and delivery. Interest is payable on February 1 and August 1 of each year, beginning August 1, 2021, at the rates set forth on the inside cover page of this Official Statement. Principal is payable on August 1 in the years and in the amounts set forth on the inside cover page of this Official Statement. BOOK ENTRY ONLY The 2021 Bonds will be delivered in book entry form only, without physical delivery of bonds. Payments to beneficial owners of the 2021 Bonds will be made by the Trustee through The Depository Trust Company, New York, New York ( "DTC") and its participants. See "BOOK -ENTRY ONLY SYSTEM" in Appendix E hereto. TAX STATUS In the opinion of Bond Counsel, under existing law, assuming compliance by the County with certain requirements of the Internal Revenue code of 1986, as amended, interest with respect to the 2021 Bonds (1) is excludable from gross income for federal income tax purposes, (2) is not an item of tax preference for purposes of the federal alternative minimum tax and (3) is exempt from State of North Carolina income taxation. See the caption "TAX TREATMENT" herein. PROFESSIONALS PNC Capital Markets LLC and Stifel, Nicolaus & Company, Incorporated (collectively, the "Underwriters ") are underwriting the 2021 Bonds. U.S. Bank National Association is serving as Trustee with respect to the 2021 Bonds. Parker Poe Adams & Bernstein LLP is serving as Bond Counsel and Corporation Counsel. First Tryon Advisors is serving as Financial Advisor to the County. Wanda Copley, Esq., serves as the County Attorney. Holland & Knight LLP is serving as counsel to the Underwriters. 3 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 8 ADDITIONAL INFORMATION Additional information and copies in reasonable quantity of the principal financing documents may be obtained during the offering period from PNC Capital Markets LLC, 4720 Piedmont Row, Suite 200, Charlotte, North Carolina 28210, (704) 571 -0671. After the offering period, copies of such documents may be obtained from the Trustee at 5540 Centerview Drive, Suite 200, Raleigh, North Carolina 27606, (919) 424 -3944. The County will undertake in the Contract to provide continuing disclosure of certain annual financial information and operating data and listed events regarding the Contract and the 2021 Bonds. See the caption "CONTINUING DISCLOSURE OBLIGATION" herein. THE 2021 BONDS AUTHORIZATION The 2021 Bonds will be executed and delivered pursuant to the Indenture. The 2021 Bonds evidence proportionate undivided interests in the right to receive certain Revenues pursuant to the Contract. The 2021 Bonds are payable solely from the Installment Payments and certain other moneys as provided in the Indenture. The County is entering into the Contract under the provisions of Section 160A -20 of the General Statutes of North Carolina, as amended. The Board authorized the County's execution and delivery of the 2010 Contract, the First Amendment, the Second Amendment and the Third Amendment in resolutions adopted on April 19, 2010, August 6, 2012, December 2, 2019 and January 4, 2021 respectively. In addition, the County's execution and delivery of the Third Amendment received the required approval of the North Carolina Local Government Commission (the "LGC") on February 2, 2021. The LGC approved the 2010 Contract, the First Amendment and the Second Amendment on May 4, 2010, August 7, 2012 and January 7, 2020, respectively. The LGC is a division of the State Treasurer's office charged with general oversight of local government finance in the State. Its approval is required for substantially all bond issues and other local government financing arrangements in the State. Before approving an installment financing, the LGC must determine, among other things, that (1) the proposed financing is necessary and expedient, (2) the financing, under the circumstances, is preferable to a general obligation or revenue bond issue for the same purpose, and (3) the sums to fall due under the proposed financing are not excessive for the local government. GENERAL Payment Terms The 2021 Bonds will be dated their date of initial execution and delivery. Interest with respect to the 2021 Bonds is payable on each February 1 and August 1 (the "Bond Payment Dates "), beginning August 1, 2021, at the rates set forth on the inside cover page of this Official Statement (calculated on the basis of a 360 day year consisting of twelve 30 day months). Principal with respect to the 2021 Bonds is payable on August 1 in the years and amounts set forth on the inside cover page of this Official Statement. Record Date for the 2021 Bonds means the fifteenth day (whether or not a Business Day) of the month preceding an Interest Payment Date. Payments will be effected through DTC. See "BOOK ENTRY ONLY SYSTEM" in Appendix E hereto. Registration and Exchange. So long as DTC or its nominee is the registered owner of the 2021 Bonds, transfers and exchanges of beneficial ownership interests in the 2021 Bonds will be available only through DTC Participants and DTC Indirect Participants. See "BOOK ENTRY ONLY SYSTEM" in Appendix E hereto. The Indenture describes the provisions for transfer and exchange applicable if a book entry system is no longer in effect. These provisions generally provide that the transfer of the 2021 11 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 9 Bonds is registrable by the Owners thereof, and the 2021 Bonds may be exchanged for an equal aggregate, unprepaid principal amount of 2021 Bonds of denominations of $5,000 or any integral multiple thereof and of the same maturity and interest rate, only on presentation and surrender of the 2021 Bonds to the Trustee at the designated corporate trust office of the Trustee together with an executed instrument of transfer in a form approved by the Trustee in connection with any transfer. The Trustee may require the person requesting any transfer or exchange to reimburse it for any tax or other governmental charge required to be paid with respect to such registration or exchange. PREPAYMENT PROVISIONS Optional Prepayment. The 2021 Bonds maturing on August 1, 2032, and thereafter will be subject to prepayment at the option of the County, either in whole or in part, on any date on or after August 1, 2031, at a prepayment price equal to 100% of the principal amount to be prepaid, plus accrued interest to the prepayment date. Mandatory Sinking Fund Prepayment, The 2021 Bonds maturing on August 1, 20 (the "20 Term Bonds ") are subjecting to mandatory sinking fund prepayment before their scheduled maturity, on August 1, of each year, commencing August 1, 20 , without premium, at the Prepayment Price equal to 100% of the principal amount thereof being prepaid in the principal amounts and in the years as follows: Year Principal Amount 20 20 * Maturity The 2021 Bonds maturing on August 1, 20_ (the "20 Term Bonds ") are subject to mandatory sinking fund prepayment before their scheduled maturity, on August 1 of each year, commencing August 1, 20 , without premium, at the Prepayment Price equal to 100% of the principal amount thereof being prepaid in the principal amounts and in the years as follows: Year Principal Amount 20 20 * Maturity The 2021 Bond maturing on August 1, 20 (the "20 Term Bonds ") are subject to mandatory sinking fund prepayment before their scheduled maturity, on August 1 of each year, commencing August 1, 2038, without premium, at the Prepayment Price equal to 100% of the principal amount thereof being prepaid in the principal amounts and in the years as follows: Year Principal Amount 20 20 20—* * Maturity Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 10 General Prepayment Provisions. If called for prepayment in part, the 2021 Bonds to be prepaid shall be prepaid in such order as the County shall select and within the same maturity as selected by DTC pursuant to its rules and procedures or, if the book entry system with respect to the 2021 Bonds is discontinued as provided in the Indenture, by lot within a maturity in such manner as the Trustee in its discretion may determine. When 2021 Bonds are to be prepaid in part, the schedule of Installment Payments set forth in the Contract shall be recalculated as necessary by the Trustee in the manner required by the Indenture. Notice of prepayment identifying the 2021 Bonds or portions thereof to be prepaid will be given by the Trustee in writing not less than 30 days nor more than 60 days before the date fixed for prepayment by first class mail, postage prepaid (registered or certified mail in the case of notice to DTC) (a) to DTC or its nominee as permitted or required by DTC's rules and procedures, or (b) if DTC or its nominee is no longer the Owner of the 2021 Bonds, to the then registered Owners of the 2021 Bonds to be prepaid at their addresses appearing on the registration books maintained by the Trustee, (c) to the LGC, and (d) to the Municipal Securities Rulemaking Board (the "MSRB ") in an electronic format as prescribed by the MSRB. Notwithstanding the foregoing, (1) if notice is properly given, failure to receive an appropriate notice shall not affect the validity of the proceedings for such prepayment, (2) failure to give any such notice or any defect therein shall not affect the validity of the proceedings for prepayment of the 2021 Bonds or portions thereof with respect to which notice was correctly given and (3) failure to give any such notice to the parties described in clauses (c) and (d) above, or any defect therein, shall not affect the validity of any proceedings for prepayment of the 2021 Bonds. If at the time of mailing of notice of prepayment, there has not been deposited with the Trustee moneys sufficient to prepay all the 2021 Bonds or portions thereof called for prepayment, which moneys are or will be available for prepayment of such 2021 Bonds, such notice will state that it is conditional on the deposit of the prepayment moneys with the Trustee not later than the opening of business on the prepayment date, and such notice shall be of no effect unless such moneys are so deposited. Before the date fixed for prepayment, funds will be deposited with the Trustee to pay the 2021 Bonds or portions thereof called for prepayment, together with accrued interest to the prepayment date. On the giving of notice and the deposit of such funds for prepayment pursuant to the Indenture, interest with respect to the 2021 Bonds or portions thereof so called for prepayment will no longer accrue after the date fixed for prepayment. The 2021 Bonds or portions thereof called for prepayment will be due and payable on the prepayment date at the prepayment price, together with accrued interest with respect thereto to the prepayment date. If the required notice of prepayment has been given and moneys sufficient to pay the prepayment price, together with accrued interest to the prepayment date have been deposited with the Trustee, the 2021 Bonds or portions thereof so called for prepayment will cease to be entitled to any benefit or security under the Indenture, and the Owners of such 2021 Bonds will have no rights with respect to such 2021 Bonds or portions thereof so called for prepayment except to receive payment of the prepayment price and accrued interest to the prepayment date from such funds held by the Trustee. On surrender and cancellation of any 2021 Bonds called for prepayment in part only, a new 2021 Bond or 2021 Bonds of the same maturity and interest rate and of authorized denominations, in an aggregate principal amount equal to the unprepaid portion thereof, will be executed on behalf of the Corporation and authenticated and delivered by the Trustee. IF AN EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING UNDER THE INDENTURE, THERE WILL BE NO PREPAYMENT OF LESS THAN ALL OF THE 2021 BONDS OUTSTANDING. 6 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 11 THE PROJECTS AND REFUNDING The 2021 Bonds are being executed and delivered to provide funds to pay capital costs for the following projects: Addiction Treatment Center Project. Approximately $25 million of the proceeds from the 2021 Bonds will be used to finance the acquisition, construction and equipping of a 200 -bed long -term addiction treatment center to be located at and known as the "Healing Place." New Government Center Project. Approximately $53 million of the proceeds from the 2021 Bonds will be used to finance the acquisition, construction and equipping of the New Government Center complex. The New Government Center will include facilities for County administrative offices, including an expanded Emergency Operations and 911 Center. Stormwater Management Project. Approximately $368,185 of the proceeds of the 2021 Bonds will be used to finance improvements to the County's stormwater management system. County Vehicles and Equipment Project. Approximately $4.2 million of the proceeds of the 2021 Bonds will be used to finance the acquisition of vehicles and equipment for various County and school purposes, including public safety. In addition to financing the projects described above, proceeds from the 2021 Bonds will be used to currently refund the remaining balance of $7,258,719.98 owed with respect to a Financing Agreement and Deed of Trust dated as of February 9, 2018 (the "2018 Contract "), which financed the Ogden Fire Station located at and the Pine Valley Library located at OF THE PROJECTS BEING FINANCED WITH THE 2021 BOND PROCEEDS, ONLY THE NEW GOVERNMENT CENTER WILL BE SUBJECT TO THE LIEN OF THE DEED OF TRUST. ESTIMATED SOURCES AND USES OF FUNDS The following table presents information as to the estimated sources and uses of funds: AMOUNT SOURCES OF FUNDS: Par Amount of 2021 Bonds Net Original Issue Premium TOTAL USES OF FUNDS: Costs of Acquisition and Construction Refunding of 2018 Contract Costs of Delivery' TOTAL $ $ ' Includes legal fees, printing costs, Underwriters' discount, rating agency fees and other miscellaneous transaction costs. 7 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 12 SECURITY AND SOURCES OF PAYMENT OF 2021 BONDS The Bonds outstanding under the Indenture evidence proportionate undivided interests in the rights to receive certain Revenues pursuant to the Contract. The 2021 Bonds will be proportionately and ratably secured with the Bonds executed and delivered pursuant to the Indenture. Revenues are defined in the Contract to mean (a) all Net Proceeds not applied to the replacement of the Premises, (b) all Installment Payments and (c) all investment income on all funds and accounts created under the Indenture (other than the Rebate Fund). Notwithstanding the foregoing, the Owner of each 2021 Bond is not entitled to receive more than the amount of principal and interest represented by such 2021 Bond. INSTALLMENT PAYMENTS AND ADDITIONAL PAYMENTS Under the Contract, the County is required to make the Installment Payments directly to the Trustee in amounts sufficient to provide for the payment of the principal (whether at maturity, by prepayment or otherwise) and interest with respect to the Bonds executed and delivered under the Indenture as the same become due and payable. The County is also obligated under the Contract to pay as Additional Payments to such persons as are entitled thereto, the reasonable and customary expenses and fees of the Trustee and the Corporation, any expenses of the Corporation in defending an action or proceeding in connection with the Contract or the Indenture and any taxes or any other expenses, including, but not limited to, licenses, permits, state and local income, sales and use or ownership taxes or property taxes which the County or the Corporation is expressly required to pay as a result of the Contract (together with interest that may accrue thereon in the event that the County fails to pay the same). BUDGET AND APPROPRIATION Pursuant to the Contract, the County shall (a) cause its budget officer (as statutorily defined) to include the Installment Payments and the reasonably estimated Additional Payments coming due in each Fiscal Year in the corresponding annual budget request, (b) require that the deletion of such funds from the County's final budget or any amended budget be made only pursuant to an express resolution of the Board which explains the reason for such action and (c) deliver notice to the Trustee, S &P, Moody's and the LGC within five days after the adoption by the Board of the resolution described in clause (b) above. Nothing contained in the Contract, however, obligates the County to appropriate moneys contained in the proposed budget for the payment of the Installment Payments or the reasonably estimated Additional Payments coming due under the Contract. In connection with the Installment Payments and the Additional Payments, the appropriation of funds therefor is within the sole discretion of the Board. DEED OF TRUST In connection with the execution and delivery of the 2010 Bonds, the County executed the 2010 Deed of Trust as security for its obligations under the 2010 Contract granting a security interest in a portion of the Government Center and the Judicial Center, including the sites on which they are located, subject to certain permitted encumbrances as set forth in the 2010 Contract and the 2010 Deed of Trust (the "2010 Mortgaged Property "). When the County executed and delivered the 2020A Bonds, the County entered into the Second Amendment and the Notice of Extension to grant a security interest in a juvenile justice facility (the "Juvenile Justice Facility ") (the "2020 Mortgaged Property "). Concurrently with the addition of the 2020 Mortgaged Property to the lien of the Deed of Trust, the County released the Existing Government Center from the lien of the Deed of Trust in accordance with the terms of the Deed of Trust. In connection with the execution and delivery of the 2021 Bonds, the County is entering into the Third Amendment and an extension to grant a security interest in the New Government Center. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 13 UPON THE EXECUTION AND DELIVERY OF THE 2021 BONDS THE NEW GOVERNMENT CENTER, THE JUVENILE JUSTICE FACILITY AND THE JUDICIAL CENTER WILL BE INCLUDED IN THE DEFINITION OF "MORTGAGED PROPERTY" AND, CONSEQUENTLY, SUCH REAL PROPERTY AND ANY IMPROVEMENTS THEREON WILL BE SUBJECT TO THE LIEN CREATED BY THE DEED OF TRUST. The Deed of Trust authorizes future obligations evidenced by Additional Bonds executed and delivered under the Indenture to be secured by the Deed of Trust, provided that the total amount of present and future obligations secured thereby at any one time does not exceed $300,000,000 and such future obligations are incurred not later than 30 years from the date of the Deed of Trust. The Deed of Trust is recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and the liens created thereby will be insured by a title insurance policy. So long as there is no event of default under the Deed of Trust, the Trustee, with the Corporation's consent, must release the Mortgaged Property or any part thereof from the lien and security interest of the Deed of Trust when and if the following requirements have been fulfilled: (1) in connection with any release of the Mortgaged Property, or any part thereof, there is filed with the Corporation a certified copy of the resolution of the Board of Commissioners of the County stating the purpose for which the County desires such release, giving an adequate legal description of the part of the Mortgaged Property to be released, requesting such release and providing for payment by the County of all expenses in connection with such release; (2) in connection with the release of any part of the Mortgaged Property constituting less than the entire Mortgaged Property, the tax, insured or appraised value of the Mortgaged Property remaining after the proposed release is not less than 50% of the aggregate principal component of the Installment Payments relating to the Bonds then Outstanding under the Indenture; (3) in connection with the release of any part of the Mortgaged Property constituting less than the entire Mortgaged Property, such release shall not prohibit the County's ingress, egress and regress to and from the remainder of the Mortgaged Property not being released, or materially interfere with the use of the remainder of the Mortgaged Property not being released; (4) in connection with the release of the entire Mortgaged Property, there is paid to the Corporation an amount sufficient to provide for the payment in full all of the Bonds then Outstanding under the Indenture; and (5) in connection with the release of any part of the Mortgaged Property, prior written notice of such release shall be provided to Moody's and S &P (each as defined below). INDENTURE Pursuant to the Indenture, the Corporation has assigned to the Trustee for the benefit of the Owners of the Bonds executed and delivered under the Indenture (a) all rights, title and interest of the Corporation in the Contract (except for certain indemnification rights, certain notice rights and the right to Additional Payments payable to the Corporation), including its rights to receive the Installment Payments thereunder, (b) all rights, title and interest of the Corporation in the Deed of Trust and the Mortgaged Property and (c) all moneys and securities from time to time held by the Trustee under the Indenture in any fund or account (except the Rebate Fund). 9 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 14 ENFORCEABILITY NEITHER THE CONTRACT NOR THE 2021 BONDS CONSTITUTE A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY CONTRACTUAL OBLIGATION UNDER THE CONTRACT, AND THE TAXING POWER OF THE COUNTY IS NOT PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY MONEYS DUE THE OWNERS OF THE 2021 BONDS PURSUANT TO THE CONTRACT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE 2021 BONDS ON A DEFAULT BY THE COUNTY UNDER THE CONTRACT ARE LIMITED TO THOSE SPECIFIED IN THE CONTRACT AND THE INDENTURE, INCLUDING EXERCISING THE RIGHTS OF THE BENEFICIARY UNDER THE DEED OF TRUST AND THE RIGHTS OF THE TRUSTEE IN THE FUNDS HELD UNDER THE INDENTURE. The 2021 Bonds will not constitute a debt or general obligation of the Corporation and will not give the Owners of the 2021 Bonds any recourse to the assets of the Corporation, but will be payable solely from amounts payable by the County under the Contract, from amounts realized on the foreclosure on the Mortgaged Property pursuant to the Deed of Trust and from funds held in certain funds and accounts under the Indenture for such purpose. The enforceability of the Indenture, the Contract and the Deed of Trust is subject to bankruptcy, insolvency, fraudulent conveyance and other related laws affecting the enforcement of creditors' rights generally and, to the extent that certain remedies under such instruments require, or may require, enforcement by a court, to such principles of equity as the court having jurisdiction may impose. See "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - THE CONTRACT - Remedies on Default" in Appendix C for a more complete description of the rights and powers of the Trustee upon the occurrence of an event of default under the Contract. ADDITIONAL BONDS Under the conditions described in the Indenture and so long as no Event of Default has occurred and is continuing under the Indenture, the Corporation may execute and deliver Additional Bonds under the Indenture without the consent of the Owners of the Bonds then Outstanding under the Indenture to provide funds to pay (a) the cost of expanding the Projects or acquiring, constructing, renovating and equipping other facilities or acquiring equipment and other capital assets for utilization by the County for public purposes, (b) the cost of refunding of all or any portion of the Bonds then Outstanding under the Indenture or any other installment financing obligations of the County, provided that such a refunding does not result in a reduction in the rating assigned to the Outstanding Bonds by Moody's or S &P; and (c) the Costs of Delivery relating to the execution, delivery and sale of such Additional Bonds. The 2021 Bonds, the 2020 Bonds, the 2012 Bonds and the 2010 Bonds are payable on a parity with any Additional Bonds hereafter executed and delivered pursuant to the Indenture. The Installment Payments and any Installment Payments with respect to Additional Bonds issued under the Indenture will be deposited as received by the Trustee in the Bond Fund held by the Trustee. Moneys in the Bond Fund will be withdrawn and used to pay the principal and interest with respect to the Bonds executed and delivered under the Indenture as the same become due and payable. If on any date the moneys on deposit in the Bond Fund are insufficient to pay all of the principal and interest with respect to the Bonds executed and delivered under the Indenture which are due and payable on such date, such moneys will be used to pay such principal and interest with respect to the Bonds entitled to receive principal or interest with respect to such date in the manner provided in the Indenture. See "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - THE INDENTURE - Application ofMoneys' in Appendix C. 10 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 15 AVAILABLE SOURCES FOR PAYMENT OF INSTALLMENT PAYMENTS GENERAL The County may pay its Installment Payments from any source of funds available to it in each year and appropriated therefor during the term of the Contract. GENERAL FUND REVENUES The County's general fund revenues for the Fiscal Year ended June 30, 2020 were $311,899,395. The County's general fund revenues for the Fiscal Year ended June 30, 2020 and for the Fiscal Year ending June 30, 2021 were budgeted at $301,064,531 and $304,445,418, respectively. General fund revenues are derived from various sources including property taxes, which generated approximately 58% of the general fund revenues in the County's 2021 adopted budget. For the Fiscal Years ended June 30, 2019 and June 30, 2020, the County imposed a property tax of $0.4903 per $100 of assessed value. For the Fiscal Year ending June 30, 2021, the County imposed a property tax of $0.4903 per $100, which is expected to generate approximately $177,017,949. The County also imposed a County -wide property tax exclusively for certain debt payments that are accounted for in a Debt Service Fund. The rates were $0.0647 per $100 of assessed value for Fiscal Years ended June 30, 2019 and June 30, 2020. The General Statutes of North Carolina permit counties to impose property taxes of up to $1.50 per $100 of assessed value for certain purposes without the requirement of a voter referendum. See Appendix B hereto for additional information regarding the County's general fund revenues for the Fiscal Year ended June 30, 2020. INSTALLMENT PAYMENT SCHEDULE The following schedule sets forth for each Fiscal Year of the County ending June 30 the amount of principal (whether at maturity or pursuant to mandatory prepayment) and interest required to be paid under the Contract with respect to the 2021 Bonds, 2020A Bonds, the 2012 Bonds and the 2010 Bonds. Totals may not foot due to rounding. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 16 2021 BONDS 2020A BONDS 2012 BONDS 2010 BONDS TOTAL FISCAL YEAR ENDING JUNE 30, PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST TOTAL 2021 $ $ $ $ $ 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 16 12 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 17 2021 BONDS 2020A BONDS 2012 BONDS 2010 BONDS TOTAL FISCAL YEAR ENDING JUNE 30, PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST TOTAL TOTAL $ $ $ $ $ 12 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 17 CERTAIN RISKS OF 2021 BOND OWNERS LIMITED OBLIGATION OF THE COUNTY If the Installment Payments to be made by the County are insufficient to pay the principal and interest with respect to the Bonds, as the same become due or, if any other event of default occurs under the Contract, the Trustee may accelerate the Bonds and all unpaid principal amounts due by the County under the Contract and foreclose on the County's interest in the Mortgaged Property under the Deed of Trust. Following execution and delivery of the 2021 Bonds and release of the Government Center, the Mortgaged Property will include only the real property on which (1) the Judicial Center is located at Fourth and Market Streets in Wilmington, North Carolina, (2) the Juvenile Justice Facility is located at 138 N. 4th Street, in Wilmington, North Carolina and (3) the New Government Center will be located at and all improvements thereon. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR ANY BREACH OF THE CONTRACT. THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY MONEYS DUE UNDER THE CONTRACT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE BONDS UPON A DEFAULT BY THE COUNTY UNDER THE CONTRACT ARE LIMITED TO THOSE OF A SECURED PARTY UNDER THE LAWS OF THE STATE, INCLUDING FORECLOSING ON THE COUNTY'S INTEREST IN THE MORTGAGED PROPERTY COVERED BY THE DEED OF TRUST. THERE CAN BE NO ASSURANCE THAT THE MONEYS AVAILABLE IN THE FUNDS AND ACCOUNTS HELD BY THE TRUSTEE AND THE PROCEEDS OF ANY SUCH FORECLOSURE WILL BE SUFFICIENT TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST WITH RESPECT TO THE BONDS OUTSTANDING UNDER THE INDENTURE. RISK OF NONAPPROPRIATION The appropriation of moneys to make the Installment Payments is within the sole discretion of the Board of the County. If the Board fails to appropriate such moneys, the only sources of payment for the Bonds will be the moneys, if any, available in the respective funds and accounts held by the Trustee under the Indenture and the proceeds of any attempted foreclosure on the County's interest in the Mortgaged Property under the Deed of Trust. ENVIRONMENTAL RISKS The County is not aware of any recognized environmental concerns with respect to the Mortgaged Property. The County is required under the Contract to undertake whatever environmental remediation may be required by law. For example, if any portion of the Premises becomes a "Superfund site" under the Comprehensive Environmental Response, Compensation and Liability Act, the federal government may require clean -up and the County may be required to pay all or a part of such clean -up costs. If the County was unable to continue operation of any part of the Mortgaged Property because of environmental contamination of the Mortgaged Property, the value of the Mortgaged Property at foreclosure would be reduced by the cost of any clean -up. Moreover, under the Indenture, the Trustee may refuse to foreclose on any portion of the Mortgaged Property affected by such environmental contamination. VALUE OF COLLATERAL No special appraisal of the Mortgaged Property has been obtained and the amount of proceeds received through foreclosure of the County's interest in the Mortgaged Property will be affected by a number of factors, including (1) the costs and expenses in enforcing the lien and security, (2) the condition of the Mortgaged Property, (3) the occurrence of any damage, destruction, loss or theft of the 13 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 18 Mortgaged Property which is not repaired or replaced and for which there are not received or appropriated moneys from insurance policies or any risk management program, (4) problems relating to the paucity of alternative uses of the facilities arising from their design, zoning restrictions, use restrictions, easements and encumbrances on the Mortgaged Property and (5) environmental problems and risks with respect to the Mortgaged Property. NO REPRESENTATION IS MADE AS TO THE VALUE OF THE COUNTY'S INTEREST IN THE MORTGAGED PROPERTY IN FORECLOSURE. UNINSURED OR UNDERINSURED CASUALTY If all or any part of the Projects is partially or totally damaged or destroyed by any fire or other casualty or is wholly or partially taken pursuant to eminent domain proceedings, the County may elect not to repair, restore, improve or replace the affected portion of the Premises if (1) the Net Proceeds are less than $500,000 and (2) a County Representative certifies to the Corporation that such Net Proceeds are not necessary to restore the affected portion of the Premises to its intended use. In such event, the County will direct the Trustee to deposit such Net Proceeds in the Bond Fund to be applied toward the next payment of principal and interest with respect to the Bonds. The Contract requires the County to maintain certain insurance with respect to the Mortgaged Property, but such insurance may not cover all perils to which the Mortgaged Property is subject or provide sufficient Net Proceeds to fully repair or replace the Mortgaged Property. OUTSTANDING GENERAL OBLIGATION DEBT OF THE COUNTY The County has general obligation bonds outstanding and may issue additional general obligation bonds and notes in the future. The County has pledged and will pledge its faith and credit and taxing power to the payment of its general obligation bonds and notes issued or to be issued. See the caption "THE COUNTY - DEBT INFORMATION" in Appendix A for a description of the County's outstanding and authorized but unissued general obligation bonds and notes. FUNDS WHICH MAY OTHERWISE BE AVAILABLE TO PAY INSTALLMENT PAYMENTS OR ADDITIONAL PAYMENTS OR TO MAKE OTHER PAYMENTS TO BE MADE BY THE COUNTY UNDER THE CONTRACT MAY BE SUBJECT TO SUCH FAITH AND CREDIT PLEDGE BY THE COUNTY AND THEREFORE MAY BE REQUIRED TO BE APPLIED TO THE PAYMENT OF ITS GENERAL OBLIGATION INDEBTEDNESS. OTHER INDEBTEDNESS There is no limitation on the County entering into additional contracts which provide for obligations the payment on which is subject to appropriation. See "THE COUNTY - DEBT INFORMATION - Other Long -Term Commitments" in Appendix A. RECENT DEVELOPMENTS (COVID -19) On March 11, 2020, the World Health Organization declared a global pandemic following the outbreak of COVID -19, a respiratory disease caused by a new strain of coronavirus, which is currently negatively impacting most, if not all, areas of the world, including the United States, the State and the County. Within the United States, the Federal government and various state and local governments, as well as private entities and institutions, have implemented a variety of different efforts aimed at preventing the spread of COVID -19 including, but not limited to, travel restrictions, voluntary and mandatory quarantines, event postponement and cancellations, voluntary and mandatory work from home arrangements, and facility closures. The impact of these various measures, as well as general concerns related to the global and national public health emergency and other contributing factors, have also resulted in significant volatility in the stock markets and a general consensus that the global and national economies are distressed. Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 19 On March 10, 2020, Governor Roy Cooper declared a state of emergency in the State. The County followed soon after, declaring a State of Emergency on March 20, 2020. Subsequently, the State and the County imposed several restrictions designed to address the COVID -19 pandemic. On , 2020 the Board of Commissioners of the County terminated its restrictions related to COVID -19 and incorporated the State's restrictions. The State has taken a multi - phased approach, based on testing, tracing and trends, to lift restrictions in place to slow the spread of COVID -19. On May 5, 2020, Governor Cooper issued Executive Order 138, which established a three -phase reopening plan (the "Reopening Plan ") for the State. On September 30, 2020, Governor Cooper issued Executive Order 169, which transitioned the State to Phase 3 of the Reopening Plan ( "Phase 3 "). Phase 3 was subsequently extended by Executive Order 170 on October 21, 2020, by Executive Order 176 on November 10, 2020, by Executive Order 180 on November 23, 2020 (increasing face covering requirements) and by Executive Order 181 on December 8, 2020. Restrictions under Phase 3 currently include, but are not limited to: (1) large outdoor venues with seating greater than 10,000 may operate with 7% occupancy, (2) small outdoor venues may operate outdoors at 30% capacity or 100 guests, whichever is less, (3) movie theaters and conference centers can open indoor spaces to 30% capacity or 100 guests, whichever is less, (4) bars may operate outdoors at 30% capacity or 100 guests, whichever is less, (5) mass gatherings are limited to 50 people outdoors and 10 people indoors, (6) businesses and facilities such as personal care businesses and restaurants may operate at 50% capacity, subject to social distancing and cleaning requirements, and (7) a curfew during the hours of 10:00 p.m. and 5:00 a.m. each day, except travel for work, to obtain essential goods or services as outlined in Executive Order 181. Phase 3 can be modified at any time and will remain in place until at least January 8, 2021. Given the unpredictability of trends in the spread of COVID -19, the County cannot predict whether the State will lift or reinstate restrictions moving forward. The County applied for benefits under the Coronavirus Aid, Relief, and Economic Security ( "CARES") Act and received $8,615,592 in CARES Act grant monies. Of such funds, the County distributed $2,153,898 to the City of Wilmington and the towns of Carolina Beach, Kure Beach and Wrightsville Beach. The funds are being used to respond to the virus and aid small businesses deeply impacted by the COVID -19 pandemic. Currently, the County has not experienced any material changes in its budgeted revenues or expenditures for the fiscal year ending June 30, 2021 (see "BUDGET COMMENTARY" in Appendix A hereto). However, the financial condition of the County could be affected by reduced tourism, reductions in new housing demand; due to increased unemployment in the future. Due to the dynamic nature of the COVID -19 outbreak, at this time the County cannot predict either the duration or extent of (1) the COVID -19 outbreak, (2) future actions governmental authorities or other institutions may take to contain or mitigate COVID -19's impact, or (3) whether either of the foregoing will have a material adverse effect on the financial condition or operations of the County. CYBERSECURITY The County, like many other large public and private entities, relies on a large and complex technology environment to conduct its operations and faces multiple cybersecurity threats involving, but not limited to, hacking, phishing viruses, malware and other attacks on its computing and other digital networks and systems (collectively, "Systems Technology "). As a recipient and provider of personal, private, or sensitive information, the County may be the target of cybersecurity incidents that could result in adverse consequences to the County and its Systems Technology, requiring a response action to mitigate the consequences. 15 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 20 Cybersecurity incidents could result from unintentional events, or from deliberate attacks by unauthorized entities or individuals attempting to gain access to the County's Systems Technology for the purposes of misappropriating assets or information or causing operational disruption and damage. To mitigate the risk of business operations impact and/or damage from cybersecurity incidents or cyber- attacks, the County invests in multiple forms of cybersecurity and operational safeguards. While the County's cybersecurity and operational safeguards are periodically tested, no assurances can be given by the County that such measures will ensure against other cybersecurity threats and attacks. Cybersecurity breaches could cause material disruption to the County's finances or operations. The costs of remedying any such damage or obtaining insurance related thereto, or protecting against future attacks could be substantial and insurance (if any can be obtained), may not be adequate to cover such losses or other consequential County costs and expenses. Further, cybersecurity breaches could expose the County to material litigation and other legal risks, which could cause the County to incur material costs related to such legal claims or proceedings. CLIMATE CHANGE The County is susceptible to the effects of extreme weather events and natural disasters, including floods, droughts and hurricanes and has experienced multiple severe weather events within the past several years. These effects may be amplified by a prolonged global temperature increase over the next several decades (commonly referred to as "climate change "). No assurances can be given that a future extreme weather event driven by climate change will not adversely affect the County. BANKRUPTCY Under North Carolina law, a local governmental unit such as the County may not file for bankruptcy protection without (1) the consent of the LGC and (2) the satisfaction of the requirements of § 109(c) of the United States Bankruptcy Code. If the County were to initiate bankruptcy proceedings with the consent of the LGC and satisfy the requirements of 11 U.S.C. §109(c), the bankruptcy proceedings could have material and adverse effects on holders of the 2021 Bonds, including (a) delay in enforcement of their remedies, (b) subordination of their claims to claims of those supplying goods and services to the County after the initiation of bankruptcy proceedings and to the administrative expenses of bankruptcy proceedings and (c) imposition without their consent of a plan of reorganization reducing or delaying payment of the 2021 Bonds. The effect of the other provisions of the United States Bankruptcy Code on the rights and remedies of the holders of the 2021 Bonds cannot be predicted and may be affected significantly by judicial interpretation, general principles of equity (regardless of whether considered in a proceeding in equity or at law) and considerations of public policy. Regardless of any specific adverse determinations in a bankruptcy case of the County, the fact of such a bankruptcy case could have an adverse effect on the liquidity and value of the 2021 Bonds. THE CORPORATION The Corporation is organized under the North Carolina Nonprofit Corporation Act (N.C.G.S. Chapter 55A -1 et seq., as amended, the "Act ") and is authorized under the Act to carry out the purposes set forth in its articles of incorporation. The Corporation was organized for the purpose of, among other things, assisting the County in carrying out its municipal and governmental functions through the financing, construction, operation, sale or lease of real estate, improvements and facilities such as the Facilities and to enter into agreements with the County and other relevant parties to facilitate such essential projects. Pursuant to its articles of incorporation, the Corporation is empowered to buy, hold, own, sell, assign, mortgage or lease any interest in real estate and personal property in the manner contemplated by the Contract and to construct, maintain and operate improvements thereon necessary or incident to the accomplishment of the purpose of promoting the general welfare of the citizens of the 16 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 21 County by assisting the County in carrying out its municipal and governmental functions through the acquisition, construction, operation, sale or lease of real estate and improvements, facilities and equipment for the use and benefit of the general public. The Corporation has no taxing power. The Board of Directors of the Corporation consists of three directors, who serve until their successors are elected following three -year terms. The following individuals are currently serving as (i) the directors of the Corporation and (ii) the officers of the Corporation, as indicated opposite their respective names: Chris Coudriet Lisa Wurtzbacher President Secretary Treasurer The officers and directors of the Corporation presently serve without compensation. The Corporation has no assets or employees. All officers and directors of the Corporation are employees of the County. THE COUNTY GENERAL See Appendix A for a description of the County. CONTINGENT LIABILITIES AND LITIGATION The County is not aware of any contingent liabilities which, in the opinion of the County Attorney, would materially affect the County's ability to meet its financial obligations. LEGAL MATTERS LITIGATION No litigation is now pending or, to the best of the County's knowledge, threatened, against or affecting the County which seeks to restrain or enjoin the authorization, execution or delivery of the 2021 Bonds or which contests the County's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the County's authorization, execution and delivery of the Contract, or the County's authority to carry out its obligations thereunder or which would have a material adverse impact on the County's condition, financial or otherwise. In addition, no litigation is now pending or, to the best of the Corporation's knowledge, threatened, against or affecting the Corporation which seeks to restrain or enjoin the authorization, execution or delivery of the 2021 Bonds or Contract or which contests the validity or the authority or proceedings for the adoption, authorization, execution or delivery of the 2021 Bonds or the Corporation's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the Corporation's authorization, execution or delivery of the 2021 Bonds, the Indenture or the Contract, or the Corporation's authority to carry out its obligations thereunder. OPINIONS OF COUNSEL Legal matters related to the execution, sale and delivery of the 2021 Bonds are subject to the approval of, and Parker Poe Adams & Bernstein LLP, Bond Counsel. The opinion of Parker Poe Adams & Bernstein LLP, as Bond Counsel, substantially in the form set forth in Appendix D hereto, will be [IVA Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 22 delivered at the time of the delivery of the 2021 Bonds. Certain legal matters will be passed on for the County by Wanda Copley, Esq.; for the Corporation by its counsel, Parker Poe Adams & Bernstein LLP; and for the Underwriters by their counsel, Holland & Knight LLP. Parker Poe Adams & Bernstein LLP is serving as Bond Counsel and counsel to the Corporation and, from time to time it and Holland & Knight LLP, counsel to the Underwriters, have represented the Underwriters as counsel in other financing transactions. Neither the County, the Corporation, nor the Underwriters have conditioned the future employment of either of these firms in connection with any proposed financing issues for the County, the Corporation or for the Underwriters on the successful execution and delivery of the 2021 Bonds. TAX TREATMENT GENERAL On the date of execution and delivery of the 2021 Bonds, Parker Poe Adams & Bernstein LLP, as Bond Counsel, will render an opinion that, under existing law (1) assuming compliance by the County with certain provisions of the Internal Revenue Code of 1986, as amended (the "Code "), (a) the interest component of the Installment Payments with respect to the 2021 Bonds is excludable from gross income for federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal alternative minimum tax, and (2) the interest component of the Installment Payments with respect to the 2021 Bonds is exempt from State of North Carolina income taxation. The Code imposes various restrictions, conditions and requirements relating to the exclusion of interest on obligations, such as the 2021 Bonds, from gross income for federal income tax purposes, including, but not limited to, the requirement that the County rebate certain excess earnings on proceeds and amounts treated as proceeds of the 2021 Bonds to the United States Treasury, restrictions on the investment of such proceeds and other amounts, and restrictions on the ownership and use of the facilities financed or refinanced with proceeds of the 2021 Bonds. The foregoing is not intended to be an exhaustive listing of the post- issuance tax compliance requirements of the Code, but is illustrative of the requirements that must be satisfied by the County subsequent to execution and delivery of the 2021 Bonds to maintain the excludability of the interest component of the Installment Payments with respect to the 2021 Bonds from gross income for federal income tax purposes. Bond Counsel's opinion is given in reliance on certifications by representatives of the County as to certain facts material to the opinion and the requirements of the Code. The County has covenanted to comply with all requirements of the Code that must be satisfied subsequent to the execution and delivery of the 2021 Bonds in order that the interest component of the Installment Payments with respect to the 2021 Bonds be, or continue to be, excludable from gross income for federal income tax purposes. The opinion of Bond Counsel assumes compliance by the County with such covenants, and Bond Counsel has not been retained to monitor compliance by the County with such covenants subsequent to the date of execution and delivery of the 2021 Bonds. Failure to comply with certain of such requirements may cause the interest component of the Installment Payments with respect to the 2021 Bonds to be included in gross income for federal income tax purposes retroactive to the date of execution and delivery of the 2021 Bonds. No other opinion is expressed by Bond Counsel regarding the federal tax consequences of the ownership of or the receipt or accrual of interest with respect to the 2021 Bonds. If the interest component of the Installment Payments with respect to the 2021 Bonds subsequently becomes included in gross income for federal income tax purposes due to a failure by the County to comply with any requirements described above, the Contract does not require the County to prepay the 2021 Bonds or to pay any additional interest or penalty. r" Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 23 The Internal Revenue Service has established an ongoing program to audit tax - exempt obligations to determine whether interest on such obligations is includible in gross income for federal income tax purposes. Bond Counsel cannot predict whether the Internal Revenue Service will commence an audit of the 2021 Bonds. Prospective purchasers of the 2021 Bonds are advised that, if the Internal Revenue Service does audit the 2021 Bonds, under current Internal Revenue Service procedures, at least during the early stages of an audit, the Internal Revenue Service will treat the County as the taxpayer, and the owners of the 2021 Bonds may have limited rights, if any, to participate in such audit. The commencement of an audit could adversely affect the market value and liquidity of the 2021 Bonds until the audit is concluded, regardless of the ultimate outcome. Prospective purchasers of the 2021 Bonds should be aware that ownership of the 2021 Bonds and the accrual or receipt of interest component of the Installment Payments with respect to the 2021 Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property or casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits, certain Subchapter S Corporations with "excess net passive income," foreign corporations subject to the branch profits tax, life insurance companies, taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry the 2021 Bonds. Bond Counsel does not express any opinion as to any such collateral tax consequences. Prospective purchasers of the 2021 Bonds should consult their own tax advisors as to the collateral tax consequences. Proposed legislation is considered from time to time by the United States Congress that, if enacted, would affect the tax consequences of owning the 2021 Bonds. No assurance can be given that any future legislation, or clarifications or amendments to the Code, if enacted into law, will not contain provisions which could cause the interest component of the Installment Payments with respect to the 2021 Bonds to be subject directly or indirectly to federal or State of North Carolina income taxation, adversely affect the market price or marketability of the 2021 Bonds or otherwise prevent the owners of the 2021 Bonds from realizing the full current benefit of the status of the interest component of the Installment Payments with respect to the 2021 Bonds. Bond Counsel is further of the opinion that, under existing law, the interest component of the Installment Payments with respect to the 2021 Bonds is exempt from State of North Carolina income taxation. Bond Counsel's opinion is based on existing law, which is subject to change. Such opinion is further based on factual representations made to Bond Counsel as of the date thereof. Bond Counsel assumes no duty to update or supplement its opinion to reflect any facts or circumstances that may thereafter come to Bond Counsel's attention, or to reflect any changes in law that may thereafter occur or become effective. Moreover, Bond Counsel's opinion is not a guarantee of a particular result, and is not binding on the IRS or the courts; rather, such opinion represents Bond Counsel's professional judgment based on its review of existing law, and in reliance on the representations and covenants that Bond Counsel deems relevant to such opinion. Bond Counsel's opinion expresses the professional judgment of the attorneys rendering the opinion regarding the legal issues expressly addressed therein. By rendering its opinion, Bond Counsel does not become an insurer or guarantor of the result indicated by that expression of professional judgment, of the transaction on which the opinion is rendered, or of the future performance of the County, nor does the rendering of such opinion guarantee the outcome of any legal dispute that may arise out of the transaction. ORIGINAL ISSUE DISCOUNT As indicated on the inside cover page, the 2021 Bonds maturing on August 1 , inclusive (collectively, the "OID Bonds "), are being sold at initial offering prices which are less than the principal amount payable at maturity. Under the Code, the difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of each maturity of the OID IN Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 24 Bonds is sold and (b) the principal amount payable at maturity of such OID Bonds, constitutes original issue discount treated as interest which will be excluded from the gross income of the owners of such OID Bonds for federal income tax purposes. In the case of an owner of an OID Bond, the amount of original issue discount on such OID Bond is treated as having accrued daily over the term of such OID Bond on the basis of a constant yield compounded at the end of each accrual period and is added to the owner's cost basis of such OID Bond in determining, for federal income tax purposes, the gain or loss upon the sale, redemption or other disposition of such OID Bond (including its sale, redemption or payment at maturity). Amounts received upon the sale, redemption or other disposition of an OID Bond which are attributable to accrued original issue discount on such OID Bonds will be treated as interest exempt from gross income, rather than as a taxable gain, for federal income tax purposes, and will not be a specific item of tax preference for purposes of the federal alternative minimum tax. However, it should be noted that the original issue discount that accrues to an owner of an OID Bond may result in other collateral federal income tax consequences for certain taxpayers in the year of accrual. Original issue discount is treated as compounding semiannually at a rate determined by reference to the yield to maturity of each individual OID Bond. The amount treated as original issue discount on an OID Bond for a particular semiannual accrual period is equal to (a) the product of (i) the yield to maturity for such OID Bond (determined by compounding at the close of each accrual period) and (ii) the amount which would have been the tax basis of such OID Bond at the beginning of the particular accrual period if held by the original purchaser, less (b) the amount of interest payable on such OID Bond during the particular accrual period. The tax basis is determined by adding to the initial public offering price on such OID Bond the sum of the amounts which have been treated as original issue discount for such purposes during all prior accrual periods. If an OID Bond is sold between semiannual compounding dates, original issue discount which would have accrued for that semiannual compounding period for federal income tax purposes is to be appointed in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of the OID Bonds who subsequently purchase any OID Bonds after the initial offering or at a price different from the initial offering price during the initial offering of the 2021 Bonds. Owners of OID Bonds should consult their own tax advisors with respect to the precise determination for federal and state income tax purposes of the amount of original issue discount accrued upon the sale, redemption or other disposition of an OID Bond as of any date and with respect to other federal, state and local tax consequences of owning and disposing of an OID Bond. It is possible that under the applicable provisions governing the determination of state or local taxes, accrued original issue discount on an OID Bond may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment attributable to such original issue discount until a later year. ORIGINAL ISSUE PREMIUM As indicated on the inside cover page, the 2021 Bonds maturing on August 1, , inclusive (collectively, the "Premium Bonds "), are being sold at initial offering prices which are in excess of the principal amount payable at maturity. The difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of the Premium Bonds is sold and (b) the principal amount payable at maturity of such Premium Bonds constitutes original issue premium, which original issue premium is not deductible for federal income tax purposes. In the case of an owner of a Premium Bond, however, the amount of the original issue premium which is treated as having accrued over the term of such Premium Bond is reduced from the owner's cost basis of such Premium Bond in determining, for federal income tax purposes, the taxable gain or loss upon the sale, redemption or other disposition of such Premium Bond (whether upon its sale, redemption or payment at maturity). Owners of Premium Bonds should consult their tax advisors with respect to the determination, for federal K11 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 25 income tax purposes, of the "adjusted basis" of such Premium Bonds upon any sale or disposition and with respect to any state or local tax consequences of owning a Premium Bond. CONTINUING DISCLOSURE The County agrees in the Third Amendment, in accordance with Rule 15c2 -12 (the "Rule ") promulgated by the Securities and Exchange Commission (the "SEC"), to provide to the Municipal Securities Rulemaking Board (the "MSRB "): (a) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2021, to the MSRB, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (b) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2021, to the MSRB, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY — DEBT INFORMATION" and "— TAx INFORMATION" (including subheadings thereunder) in Appendix A to this official statement (excluding any information on overlapping or underlying units). (c) in a timely manner not in excess of 10 Business Days after the occurrence of the event, to the MSRB notice of any of the following events with respect to the 2021 Bonds: principal and interest payment delinquencies; non - payment related defaults, if material; unscheduled draws on debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; substitution of any credit or liquidity providers, or their failure to perform; 6. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material events affecting the tax status of the 2021 Bonds; 7. modifications of the rights of the Beneficial Owners of the 2021 Bonds, if material; call of any of the 2021 Bonds, if material, and tender offers; defeasance of any of the 2021 Bonds; 21 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 26 10. release, substitution, or sale of any property securing repayment of the 2021 Bonds, if material; 11. rating changes; 12. bankruptcy, insolvency, receivership or similar event of the County; 13. the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; 14. appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect securities holders, if material; 16. default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (d) in a timely manner, to the MSRB, notice of a failure of the County to provide required annual financial information described in (a) or (b) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees in the Third Amendment that its undertaking described above is intended to be for the benefit of the Owners and the beneficial owners of the 2021 Bonds and is enforceable by the Trustee or by any of them, including an action for specific performance of the County's obligations described above, but a failure to comply will not be an Event of Default under the Contract and will not result in acceleration of the principal component of Installment Payments. An action must be instituted, had and maintained in the manner provided in the Third Amendment for the benefit of all of the Owners and beneficial owners of the 2021 Bonds. At present, Section 159 -34 of the General Statutes of North Carolina requires the County's financial statements to be prepared in accordance with generally accepted accounting principles and to be audited in accordance with generally accepted auditing standards. Pursuant to the Third Amendment, the County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: 22 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 27 (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (b) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of this Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (c) any such modification does not materially impair the interest of the Owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the Owners of a majority in principal amount of the 2021 Bonds pursuant to the Indenture as may be amended from time to time. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the SEC in lieu of the manner described above. The undertaking described above will terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest with respect to the 2021 Bonds. Over the past five years, the County has, to the best of its knowledge, complied in all material respects with its continuing disclosure obligations pursuant to the Rule. UNDERWRITING The Underwriters have agreed to purchase the 2021 Bonds at a purchase price that reflects an Underwriters' discount of $ . The Underwriters are committed to take and pay for all of the 2021 Bonds if any are taken. The Underwriters may offer and sell the 2021 Bonds to certain dealers (including dealers depositing the 2021 Bonds into investment trusts) and others at prices different from the initial public offering prices stated on the inside cover page hereof. The public offering prices may be changed from time to time by the Underwriters. PNC Capital Markets LLC and PNC Bank, National Association are both wholly -owned subsidiaries of PNC Financial Services Group, Inc. PNC Capital Markets LLC is not a bank, and is a distinct legal entity from PNC Bank, National Association. PNC Bank, National Association has banking and financial relationships with the County. [Disclosure on Co- Manager] RATINGS Moody's Investors Service, Inc. ( "Moody's ") and S &P Global Ratings, a business unit of Standard & Poor's Financial Services LLC ( "S &P "), have assigned independent underlying ratings of " " and " ," respectively, to the 2021 Bonds. Such ratings reflect only the view of Moody's and S &P at the time the ratings were given, and neither the County nor the Underwriters make any representations as to the appropriateness of such ratings. 23 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 28 The ratings are not a recommendation to buy, sell or hold the 2021 Bonds and should be evaluated independently. There is no assurance that such ratings will not be withdrawn or revised downward by Moody's or S &P. Any such action may have an adverse effect on the market price of the 2021 Bonds. Neither the County nor the Underwriters have undertaken any responsibility after the execution and delivery of the 2021 Bonds to assure maintenance of the ratings or to oppose any such revision or withdrawal. FINANCIAL ADVISOR First Tryon Advisors has served as financial advisor (the "Financial Advisor ") to the County with respect to the sale of the 2021 Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the 2021 Bonds is contingent on the issuance and delivery of the 2021 Bonds. The Financial Advisor is not obligated to undertake, and has not undertaken, either to make an independent verification of or to assume responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement and the appendices thereto. MISCELLANEOUS All quotations from and summaries and explanations of the Contract, the Deed of Trust and the Indenture contained herein or in Appendix C hereto do not purport to be complete, and reference is made to such documents for full and complete statements of their respective provisions. The Appendices attached hereto are a part of this Official Statement. The information contained in this Official Statement has been compiled or prepared from information obtained from the County and other sources deemed to be reliable and, although not guaranteed as to completeness or accuracy, is believed to be correct as of this date. Any statements involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. The form, terms and content of this Official Statement and its use by the Underwriters in connection with the sale of the 2021 Bonds have been duly authorized by the Board of Commissioners of the County. 24 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 29 APPENDIX A THE COUNTY OF NEW HANOVER Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 30 APPENDIX A THE COUNTY OF NEW HANOVER [TO BE INSERTED] Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 31 APPENDIX B MANAGEMENT'S DISCUSSION AND ANALYSIS AND THE BASIC FINANCIAL STATEMENTS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 32 APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 33 APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 34 APPENDIX E BOOK ENTRY ONLY SYSTEM Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 35 APPENDIX E BOOK ENTRY ONLY SYSTEM The Depository Trust Company a subsidiary of The Depository Trust & Clearing Corporation The Depository Trust Company ("DTC'), New York, NY, a subsidiary of the Depository Trust Company & Clearing Corporation, will act as securities depository for the 2021 Bonds (the "2021 Bonds "). The 2021 Bonds will be issued as fully- registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully- registered bond will be issued for each maturity of the 2021 Bonds, in the aggregate principal component amount of such maturity, and will be deposited with DTC. SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE 2021 Bonds, AS DTC's PARTNERSHIP NOMINEE, REFERENCE HEREIN TO THE OWNERS OR REGISTERED OWNERS OF THE 2021 Bonds SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE 2021 Bonds. DTC, the world's largest securities depository, is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non -U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of the 2021 Bonds. Direct Participants include both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC'). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). DTC has a Standard & Poor's rating: of AA +. The DTC rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of 2021 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2021 Bonds on DTC's records. The ownership interest of each actual purchaser of the 2021 Bonds ( "Beneficial Owner ") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests with respect to the 2021 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive bonds representing their ownership interests in 2021 Bonds, except in the event that use of the book -entry system for the 2021 Bonds is discontinued. E -1 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 36 To facilitate subsequent transfers, all 2021 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of 2021 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2021 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such 2021 Bonds arc credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of 2021 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the 2021 Bonds, such as prepayments, tenders, defaults, and proposed amendments to the security documents. For example, Beneficial Owners of 2021 Bonds may wish to ascertain that the nominee holding the 2021 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Prepayment notices shall be sent to DTC. If less than all of the 2021 Bonds within an issue are being prepaid, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be prepaid. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to 2021 Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Trustee as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts 2021 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). BECAUSE DTC IS TREATED AS THE OWNER OF THE 2021 BONDS FOR SUBSTANTIALLY ALL PURPOSES UNDER THE INDENTURE, BENEFICIAL OWNERS MAY HAVE A RESTRICTED ABILITY TO INFLUENCE IN A TIMELY FASHION REMEDIAL ACTION OR THE GIVING OR WITHHOLDING OF REQUESTED CONSENTS OR OTHER DIRECTIONS. IN ADDITION, BECAUSE THE IDENTITY OF BENEFICIAL OWNERS IS UNKNOWN TO THE COMMISSION, TO THE COUNTY, TO DTC OR TO THE TRUSTEE, IT MAY BE DIFFICULT TO TRANSMIT INFORMATION OF POTENTIAL INTEREST TO BENEFICIAL OWNERS IN AN EFFECTIVE AND TIMELY MANNER. BENEFICIAL OWNERS SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH THEIR BROKER OR DEALER REGARDING DISTRIBUTION OF INFORMATION REGARDING THE 2021 BONDS THAT MAY BE TRANSMITTED BY OR THROUGH DTC. E -2 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 37 Prepayment proceeds, distributions, and Installment Payments on the 2021 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from Trustee, on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, the County or the Commission, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of prepayment proceeds, distributions, and Installment Payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the Trustee's responsibility; disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. THE COMMISSION AND THE COUNTY CANNOT AND DO NOT GIVE ASSURANCE THAT DIRECT AND INDIRECT PARTICIPANTS WILL PROMPTLY TRANSFER PAYMENTS TO BENEFICIAL OWNERS. DTC may discontinue providing its services as depository with respect to the 2021 Bonds at any time by giving reasonable notice to the Commission, the County and the Trustee. Under such circumstances, in the event that a successor depository is not obtained, 2021 Bond certificates are required to be printed and delivered. The Commission or the County may decide to discontinue use of the system of book -entry -only transfers through DTC (or a successor securities depository). In that event, 2021 Bond certificates will be printed and delivered to DTC. The information in this Appendix E concerning DTC and DTC's book -entry system has been obtained from sources the Commission and the County believe to be reliable, but the Commission and the County take no responsibility for the accuracy thereof. THE COMMISSION, THE COUNTY AND THE TRUSTEE HAVE NO RESPONSIBILITY OR OBLIGATION TO DTC, THE DIRECT PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS WITH RESPECT TO (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY PARTICIPANT, OR THE MAINTENANCE OF ANY RECORDS; (2) THE PAYMENT BY DTC OR ANY PARTICIPANT OF ANY AMOUNT DUE TO ANY BENEFICIAL OWNER IN RESPECT OF THE 2021 BONDS, OR THE SENDING OF ANY TRANSACTION STATEMENTS; (3) THE DELIVERY OR TIMELINESS OF DELIVERY BY DTC OR ANY PARTICIPANT OF ANY NOTICE TO ANY BENEFICIAL OWNER WHICH IS REQUIRED OR PERMITTED UNDER THE INDENTURE TO BE GIVEN TO OWNERS; (4) THE SELECTION OF THE BENEFICIAL OWNERS TO RECEIVE PAYMENTS UPON ANY PARTIAL PREPAYMENT OF THE 2021 BONDS; OR (5) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC OR ITS NOMINEE AS THE REGISTERED OWNER OF THE 2021 BONDS, INCLUDING ANY ACTION TAKEN PURSUANT TO AN OMNIBUS PROXY. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources the Commission and the County believe to be reliable, but the Commission and the County take no responsibility for the accuracy thereof. E -3 #80327106v5 Board of Commissioners - January 19, 2021 ITEM: 20- 7 - 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Ron Meredith, Current Planner; and Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -16) - Request by Hodges, Coxe, & Potter, LLP on Behalf of Property Owners, Stephen Clossick and WBP, LLC, to Rezone Approximately 2.3 Acres of Land Located at 7775 Market Street from (CUD) O &I, Conditional Use Office and Institutional District, to (CZD) B -2, Conditional Regional Business District, in Order to Develop a Boat Dealer and Vehicle Sales Business BRIEF SUMMARY: The applicant is proposing to rezone the subject property, approximately 2.3 acres from a (CU D) 0&1 district to (CZD) B -2 to allow a vehicle and boat sales business. The subject site is located at 7775 Market Street between CubeSmart Storage and the Sound Cat Veterinary Hospital. The subject site is currently undeveloped and contains one specimen tree, which will be retained as reflected on the proposed site plan. The northern parcel within the existing (CUD) 0&1 zoning district has been developed (The Sound Cat Veterinary Hospital). The applicant is proposing to construct a one -story, 10,500 square foot office building with associated parking and landscaping on the subject site. The building is proposed to serve primarily as an office building, showroom, and service area for the applicant's vehicle and boat sales business (Battleship Marine). The project will be designed with interconnectivity to the adjacent veterinary hospital. Vehicles will enter and exit on the northern side of the property through a driveway shared with the veterinary hospital that connects to Alexander Road (SR 1345). Once the Market Street Median Project is completed in 2023, motorists will still have the option to utilize Alexander Road when entering the site from Northbound Market Street with a traffic signal for the left movement only. When exiting the site using Alexander Road, motorists will be limited to a right hand turning movement. Any modification to the existing driveway will be considered at the time of review by NCDOT during the driveway permitting process. As currently zoned, it is estimated the site would generate about 26 -27 trips in the peak hours. The proposed development is estimated to generate approximately 28 trips in the AM peak hour and 38 trips in the PM peak hour. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA), but the increase in peak hour trips is not expected to have a significant impact. The site is located along a major corridor between two existing commercial businesses. The proposed development will share access with the adjacent veterinary office from an existing driveway on Alexander Road and will have no impact on the school system. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposed conditional zoning district is generally CONSISTENT with the plan because it would provide for a lower intensity commercial use in a transitional Board of Commissioners - January 19, 2021 ITEM: 21 area between higher intensity nodes (Ogden and Porters Neck). In addition, this type of commercial use is compatible with adjacent office and commercial service uses. The Planning Board considered this application at their November S, 2020 meeting. No members of the public spoke in opposition to, or in favor of, the request. The Planning Board recommended approval of the application (4 -0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the site is adjacent to existing commercial uses, the use would have limited traffic impacts, and approval supports the success of an existing small business. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is adjacent to existing commercial uses, the use would have limited traffic impacts, and approval supports the success of an existing small business. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) B -2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 21 SCRIPT for Zoning Map Amendment Application (Z20 -16) Request by Hodges, Coxe, & Potter, LLP on behalf of property owners, Stephen Clossick and WBP, LLC, to rezone approximately 2.3 acres of land located at 7775 Market Street from (CUD) O &I, Conditional Use Office and Institutional District, to (CZD) B -2, Conditional Regional Business District, in order to develop a boat dealer and vehicle sales business. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to a (CZD) B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is adjacent to existing commercial uses, the use would have limited traffic impacts, and approval supports the success of an existing small business. [Optional] Note any conditions to be added to the district. Example Motion of Denial I move to DENY the proposed rezoning to a (CZD) B -2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent neighborhoods. Board of Commissioners - January 19, 2021 ITEM: 21- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a conditional (CZD) B -2 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z20 -16 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z20 -16 Request: Zoning Map amendment to rezone 2.3 acres from (CUD) 0&1 to (CZD) B -2 to allow vehicle and boat sales service Applicant: Property Owner(s): Hodges, Coxe, & Potter, LLP Stephen Clossick and WBP, LLC Location: Acreage: 7775 Market Street 2.3 PID(s): Comp Plan Place Type: R03600- 004 - 025 -000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Boat Dealer & Vehicle Sales Current Zoning: Proposed Zoning: (CUD) 0&1 (CZD) B -2 a cif, S ' n AKS• '� G Z20 -16 (CUD) d+ City of Wilmington Vlo.�i�cl� Corporate Limits B -2 r . ( CZD 1 IS R-15 �/� " (CUrD)B;2'4 - 3 New Hano er County, NC ' SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Brickstone Estates), R -15, (CUD) 0&1 Veterinary Service (The Sound Cat Veterinarian Hospital) East Market Street Right -of -Way, Multi - Family (Amberleigh MF -M (City of Shores) Wilmington) Mini- Warehouse/Self- Storage South (CubeSmart Storage) (CZD) B -2 West Single - Family Residential R -15 Z20 -16 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 1 Page 1 of 14 ZONING HISTORY July 6, 1971 Initially zoned R -15 (Area 5) December 7, 1998 Rezoned to (CUD) O &I /SUP (Z -635) for all uses within the 0&1 December 6, 1999 (CUD) O &I /SUP (Z -635) modified to allow for a building and parking layout change and dental use May 3, 2004 (CUD) O &I /SUP (Z -635) modified to allow veterinarian hospital use COMMUNITY SERVICES Water /Sewer water and sewer are available through CFPUA. Specific design will be No known conservation resources determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire No known archaeological resources District, New Hanover County Station Ogden Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park, Parkwood Recreation Area, Smith Creek Park Preserve, and Pages Creek Park Preserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 2 Page 2 of 14 PREVIOUSLY APPROVED SITE PLAN & CONDITIONS • The current (CUD) 0&1 district (Z -635) was approved on May 3, 2004 to allow for a veterinarian hospital with the following conditions: 1. The revised site plan allows 22,360 square feet of building area and 59,566 square feet of impervious area. 2. Buildings supplemental to the proposed veterinary hospital will not be used for convenience food stores, drug stores, dare care, or electric /gas and sanitary services. 3. The gable roof on the proposed veterinary office building shall also be included on the side of the building facing Alexander Road (SR 1345), and all service utilities for these buildings must be shielded from view. 4. The proposed veterinary office shall have no outdoor runs. 5. The buildings along Alexander Road (SR 1 345) should be perpendicular to Market Street and the parking at the ends of the building should not extend beyond the building setback. 6. All other applicable federal, state, and local laws. Above: Approved Plan (Z -635) Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 3 iii - AttPntic center f4rlitlwnl 11x �, �- sns IF E7ES1:3150LIS,.� Page 3 of 14 x s ;� [: er[ifi�ute of ,4pprdral - Ch'«�I�n�Co. Co.mmissionory I)�te k 4 T. iii - AttPntic center f4rlitlwnl 11x �, �- sns IF E7ES1:3150LIS,.� Page 3 of 14 APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to construct a one - story, 10,500 square foot office building with associated parking and landscaping on the subject site. • The building is proposed to serve primarily as an office building, showroom, and service area for the applicant's vehicle and boat sales business (Battleship Marine). • The subject site contains one specimen Live Oak tree measured at 41" in diameter at breast height (DBH). The applicant has designed a site plan that retains the specimen Live Oak tree on site. • The applicant's proposed conceptual plan includes a 10,500 square foot building, 50,535 square feet of parking lot area (including a gravel parking area), and 2,685 square feet of concrete, for a total impervious area of 63,720 square feet. • The subject site and adjacent property received approval for an underground infiltration system to treat stormwater runoff based on the May 2004 site plan. Any increase to the impervious area would need to be accounted for within the stormwater system and would require a modification to County and State stormwater permits. A full review of the stormwater requirements would be conducted during the Technical Review Committee (TRC) review process. • The applicant is proposing to use some of the proposed parking spaces for boat display. The applicant will be required to meet the minimum parking standard outlined in the Unified Development Ordinance (UDO) excluding what has been used for display purposes, which will be verified during the Technical Review Committee (TRC) review. ress L_ - - - -- Fenced Service 1, and Boat v Parking Area 1 - - ° �Iequired Existing 41" Specimen Live Oak Tree (to be preserved) P~ �- — Existing Veterinarian Hospital Buildin r41 I I _ I Existing Parkin Proposed S aces aM1� Above: Applicant's Conceptual Plan with Staff Markups Z20 -16 Staff Report BOC 1.19.2021 Page 4 of 14 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 4 ZONING CONSIDERATIONS • The applicant is proposing to rezone the subject property, approximately 2.3 acres from a (CUD) 0&1 district to (CZD) B -2 district to allow a vehicle and boat sales business. • The subject site is located at 7775 Market Street between CubeSmart Storage and the Sound Cat Veterinary Hospital. • The site is located to the north of the Middle Sound/Lendire commercial and service node and to the south of the Porters Neck commercial and service node. • This area contains several commercial businesses as seen on the map below. • The subject site is currently undeveloped and contains one specimen tree, which will be retained as reflected on the proposed site plan. • The northern parcel within the existing (CUD) 0&1 zoning district has been developed (The Sound Cat Veterinarian Hospital). - -.. Ile Corning 02 Fitness Credit Union Porters Neck 1 Tire & Auto Sound Cat Alai Subject Site Veterinary B•ios ital Cube Smart CITY U & r ` ZD b'2 City of Wilmington Tririity Wellness CUD B -2 Center curs` to\ Coastal Community f g -2 Baptist Church Z 15 '' O CZD.B -j Balkcum Auto Sales • The subject property is located entirely within a Special Highway Overlay District (SHOD) that extends 500' from the right -of -way of Market Street. Parcels within the SHOD are subject to additional regulations for site design, including a minimum building setback of 100' from the property line adjacent to Market Street and a 25' setback from all other property lines, a limitation on signage to 6' in height and 150 square feet in area, and a maximum of 50% lot coverage limit for buildings. • Development within the proposed (CZD) B -2 zoning district would require additional building setbacks and landscaping buffers along the adjacent R -15 zoned property. As depicted in the site plan all building setbacks and landscape buffers meet the current standards. Z20 -16 Staff Report BOC 1. 19.2021 Page 5 of 14 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 5 AREA SUBDIVISIONS UNDER DEVELOPMENT Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 6 Page 6 of 14 TRANSPORTATION era Shared Ingress /Egress Alexander Rd T l Z20 -16 1� �a t.` l� 1 f�. • As proposed, the project will be designed with interconnectivity to the adjacent veterinary hospital. Vehicles will enter and exit on the northern side of the property through a driveway shared with the veterinary hospital that connects to Alexander Road (SR 1345). Z20 -16 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 7 Page 7 of 14 • Once the Market Street Median Project is completed in 2023, motorists will still have the option to utilize Alexander Road when entering the site from northbound Market Street with a traffic signal for the left movement only, as seen on the map below. When exiting the site using Alexander Road, motorists will be limited to a right hand turning movement. • Any modification to the existing driveway will be considered at the time of review by NCDOT during the driveway permitting process. • As currently zoned, it is estimated the site would generate about 26 -27 trips in the peak hours. The proposed development is estimated to generate approximately 28 trips in the AM peak hour and 38 trips in the PM peak hour. This is an increase of about 5 -10 peak trips when compared to the current zoning. When including the adjacent veterinarian office (which will share access with the proposed development), it is estimated that about 45 -55 trips will be generated from the site during the peak hours. • The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required to analyze transportation impacts, Staff has provided the volume to capacity ratio for Market Street near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. Z20 -16 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 8 Page 8 of 14 NCDOT Averaqe Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Market Street Torchwood Boulevard to HWY 17 44,500 44,323 1.004 • The Military Cutoff Extension and Hampstead Bypass improvements are expected to divert approximately 30% to 50% of the future traffic away from Market Street based on the 2035 traffic forecast included in the Military Cutoff Extension and Hampstead Bypass Traffic Operations Analysis Report. I Nearby Planned Transportation Improvements and Traffic Impact Analyses I Impact Trattic � Approved Under Review Under Draft I, . f ter r ■ STIP Project K Z20 -16 Miles wE 0 0.23 0.45 City of Wilmington � ., Amberleigh Shares TIA Approved STIP Project U -4902D Bayshore Commercial TIA Approved 1 Mile Radius Nearby NC STIP Projects: • STIP Project U -4902D (Market Street Median) o Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist Z20 -1 6 Staff Report BOC 1. 19.2021 Page 9 of 14 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 9 of a 1 0 -foot multi -use path on the eastern side of the street, and a 5 -foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed in early - 2023. • STIP Project U -4751 (Military Cutoff Extension) • Project to extend Military Cutoff from Market Street to I -140. • Includes improvements to Market Street (access management and widening) between Station Road and El Ogden Drive, which are expected to impact properties in the area. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • The project is currently under construction and is expected to be completed by early 2023. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status • 4,800 sf of Office • 6,600 sf of Shopping Center • Approved February 20, 2018 1. Bailey ho Y pp es • 1,200 sf of Fast Food • 2018 Build Out Year Restaurant with Drive -Thru (No Update Needed Per • 2,400 sf of High- Turnover NCDOT) Restaurant The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a southbound right -turn lane from Bump Along Road to Mendenhall Drive • Installation of a traffic signal at a future u -turn movement to be located approximately 800 feet south of Alexander Road Nearby Proposed Developments included within the TIA: • Aldi at Marsh Oaks • Amberleigh Shores Phase II Development Status: Initial site work has been completed; however, no structures have been constructed at this time. Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 10 Page 10 of 14 Proposed Development Land Use /Intensity TIA Status • 20,000 square feet of • Approved November 3, 3. Amberleigh Shores Phase 2 Medical /Dental Office 2016 2. Bayshore • 70,000 square feet of • TIA approved September pp p Commercial Shopping Center pp g 1 1, 2019 Development p • 8,000 square feet of High • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable Turnover Sit Down Restaurant • Installation of a southbound left turn lane at Marsh Oaks Drive and Market Street • Signal Modification for traffic exiting Marsh Oaks Drive and Market Street • 4,000 square feet of Fast • Installation of a 100 foot protected stem at Marsh Oaks Drive and site access Nearby Proposed Developments included within the TIA: Food Restaurant Development Status: Construction is in progress The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional westbound left turn lane on Bayshore Drive to Market Street • Extension of existing northbound right turn lane on Market Street from Bayshore Drive to the site's access points Nearby Proposed Developments included within the TIA: • None Development Status: The property is zoned B -2, which allows for this development by- right. The proposed site plan for the project is currently under review by the TRC. Proposed Development Land Use /Intensity TIA Status • Approved November 3, 3. Amberleigh Shores Phase 2 • 288 multi - family 2016 (City of Wilmington) units • 2018 Build Out Year (No Update Needed Per NCDOT) The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a southbound left turn lane at Marsh Oaks Drive and Market Street • Signal Modification for traffic exiting Marsh Oaks Drive and Market Street • Marsh Oaks Drive and site access east bound right turn lane • Installation of a 100 foot protected stem at Marsh Oaks Drive and site access Nearby Proposed Developments included within the TIA: • None. Development Status: Construction is in progress ENVIRONMENTAL • The subject property is not within a Special Flood Hazard Area (SFHA) and does not contain any Natural Heritage Areas. • The subject property is located within the Pages Creek watershed, which drains to the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitation) soils, however, the site will be served by CFPUA water and sewer services. Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 11 Page 11 of 14 OTHER CONSIDERATIONS CONTEXT AND COMPATIBILITY • The property is located along Market Street, which is identified as a Principal Arterial on the WMPO Functional Classifications Map. • The property is located on the northern end of Alexander Road (SR 1 345) and connects to Market Street. Alexander Road (SR 1 345) is a local road that serves the residential areas to the west of the subject parcel. • The site is located between an established veterinary hospital and CubeSmart Storage facility and is east of platted R -15 residential lots. • The proposed structure will be one story and will be positioned toward the center of the subject parcel away from the adjacent residential lots, closer to the adjacent commercial uses. • The subject site will share a driveway with an existing commercial development to the north, which consists of one structure that is approximately 4,000 square feet in area. • The development will have no impact on the school system. Representative Developments in B -2 Atlantic Niarine (Eastwood /Wrightsville Avenue) Marker 17 (Market Street) Existing Battleship Marine (Market Street) 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and Z20 -1 6 Staff Report BOC 1. 19.2021 Page 12 of 14 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 12 function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. % 4 1 F Place Types CONSERVATION Z20-1 `v ♦�i O k GENERAL RESIDE TIAL 'CON,' j 't s City of Wilmington Corporate Limits 40y, r New Hanover County, NC Future Land Use Community Mixed Use Map Place Type Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The subject property is located along Market Street between two existing commercial service uses, a veterinary hospital and self- storage facility, and immediately abuts residential properties to the northwest. Like other properties along Market Street in this area — between the Porters Neck and Middle Sound/Lendire commercial and service nodes, it is designated as a Community Mixed Use place type. Analysis This designation is commonly applied to major roadway corridors to encourage their revitalization through infill and redevelopment and provide a transition to lower density residential properties located away from the roadway. The proposed conditional zoning district would provide for retail vehicle and boat sales, a lower intensity commercial use that can be appropriate in this type of transitional area between higher intensity nodes. This type of commercial use is compatible with adjacent office and commercial service uses. The proposed conditional rezoning to allow vehicle and boat sales is generally CONSISTENT with the goals of the 2016 Comprehensive Plan Consistency because it provides for appropriate infill development in a transitional area Recommendation between two higher intensity commercial and service nodes and provides an appropriate transition between Market Street and adjacent single family neighborhoods. Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 13 Page 13 of 14 PLANNING BOARD ACTION The Planning Board considered this application at their November 5, 2020 meeting. No members of the public spoke in opposition to, or in favor of, the request. The Planning Board recommended approval of the application (4 -0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the site is adjacent to existing commercial uses, the use would have limited traffic impacts, and approval supports the success of an existing small business. STAFF RECOMMENDATION Staff concurs with the Planning Board and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is adjacent to existing commercial uses, the use would have limited traffic impacts, and approval supports the success of an existing small business. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) B -2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent neighborhoods. Z20 -16 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 21- 2 - 14 Page 14 of 14 Case: Z20 -16 Site Address: 7700 block Market St ! ! I Subject Site . +., B -2 O &1 .,� 750 -, ! Feet ,♦ _ ♦ r , ♦ �7 ! I/ I / =_10 of NTmissi M Existing Zoning/Use: CUD 0 &1/ Undeveloped ,0: /.. /s ! ! 0 ! ♦ ♦ ! clrv' ! ! r1berleigh-Dr I I ! 9, 2021 • Proposed Zoning/ Use: CZD B -2/ it Boat /Vehicle Dealership N ! 1'.` .ter■ Zoning Districts ❑ AC ❑ EDZD 0 1 -2 ❑ R -15 ❑ SC ❑ AR ❑ RMF -L ❑ 0&1 ❑ R -20 ❑ B -1 ❑ RMF -M PD R -20S B -2 UMXZ ❑ R -5 ❑ 'RA ❑ R -7 ❑ 1 -1 ❑ R -10 RFMU ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance —1 Incorporated Areas a SHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning/ Use: Z20 -16 7700 block CUD 0 &1/ CZD B -2/ it Market St Undeveloped Boat /Vehicle Dealership N Subject Site 750 Feet , )Fm Q1 Z. A' N erlei6hb � of missione Janua 19, 2021 M: 21- 4 - MWA GENERAL' RESIDENTIAL Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Zoning/ Use: Z20 -16 7700 block CUD 0 &1/ CZD B -2/ it Market St Undeveloped Boat /Vehicle Dealership N � G,. e� gR ♦ �,. P dys�Oh Q Site ♦CZD B -2 e- Ra 7811 82 1 ♦ CITY/♦ 137 a • CUD 0&1" MCA °� 133 • :805, • 780 14I : ai ltree R� 4,�b !! �♦ 7795 •7793 7803 7.10 78187 p 250 j UD,B� ♦I -806 7812 ry • 4250 ! S • p'I�a • 1802 7809 ° • ¢� ZA9 * 250 * ! h 7784 �'r. • •� 7808 Q 115 250 250 ♦ Q� CU 'R-,10 • 7r788� �4' 7797 78• l' a • 1� 11510 I ♦P B -2 7781 r� 6 7794 • 780 15 .1 .804 121 •121 231 � 40 ♦ � ♦ R - •7782 7799 1 • 121 231 * ► 240 CZD B =1 • 130 1 10 121 21 23+ / ;j 231 232 7778 h'4' 130 9�� 7 678 17768 • 7780 7775 �Q� 130 135 129 /N� / //� +� •r • • �a 154 154 135 41658 221 *221 7a�rp/ �64 7768 15154 J135 135 222•zz1 Q * 7758 7760 x165 �-189 J c�4 p • 770\ 65 0165 1 1 1 199 199 dpi4sor 7752 181r 189 189 199 199 t�Lde • 0 7754 300 16\\� � 181 7755 7754 * 560 56n�5\0 ` 182 • 41 • 7 50 550 X560 560 Avery or Subject Site • y 550.550 356 all, 7743 1 7740 500 • 5400 540 550A 370 70 t+ • • ��540/ • 370 112 • 515 540 O� 116 � • 1 115 7718 7722 1210 • 460 • • • 125 465 *460 •�a�//s•446600 460 175 • 124 136 vale Dr 165 ; 135 • 145 ° 155 • °\deb 750 /m Feet ❑ Ne96fr [PIWEelJ - Januar 19,2021 ITEM: 21- 5 �►� APPLICANT MATERIALS Board of Commissioners - January 19, 2021 ITEM: 21- 6 - 1 NEW HA OVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcgov.com CONDITIONAL 7r1t imr. Apci ir^A�rrjnKi This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) Samuel B. Potter Stephen Clossick Company I Company /Owner Name 2 Hodges Coxe & Potter LLP WBP LLC Address Address 3907 -100 Wrightsville Ave 6002 Meadow Run Court City, State, Zip City, State, Zip Wilmington, NC 28403 Chapel Hill, NC 27516 Phone Phone 910 - 772 -1678 919 247 3769 Email Email sam @hcpplaw.com sclossick @mindspring.com z.. aucilecr rroperty Intormation Address /Location Parcel Identification Number(s) 7775 Market Street, Wilmington NC 28411 1303600 -004- 025 -000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 2.3 0&1 B -2 Applicant Tracking Information (This section completed by staff) Case Number: Date /Time Rece' ed: Received by: 1Q /WT2 2.0 5- Dpn Page 1 of 5 Board of Commissioner! oOQAiNO* a®; iRQDWrict Application - Updated 02 -2020 ITEM: 21- 7 - 1 I Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: B -2 I Total Acreage of Proposed District•2 3 acres Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The subject property consists of 2.3 acres that are intended to be used by the applicant as a Vehicle and Boat Dealership, consistent with the UDO's provisions for a B -2 district. This is the only use requested under the Conditional Zoning Application. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See the attached list of proposed conditions and those listed on the site plan. j. j rarnc impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 841 New Sales & 843 Parts Sales Trip Generation Use and Variable (gross floor area, dwelling units, etc.) $ 000sf - Sales AM Peak Hour Trips: 25 tri PM Peak Hour Trips: 45 4,000sf Parts Salesl Page 2 of 5 Board of Commissioner:�PN qRN �9nW2gistrict Application — Updated 02 -2020 ITEM: 21- 7 - 2 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at- large. She applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The proposed use is consistent with the 2016 Comprehensive Plan's policy to encourage the revitalization of commercial corridors and infill development on vacant or blighted areas. The proposed use will allow the development of previously underutilized property along a major commercial corridor. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The site is designated as "Community Mixed Use" in the Plan. The requested Conditional Zoning district promotes the success of local businesses, as the proposed use of the property as a vehic and boat dealership is consistent with regional economic development, due to New Hanover County's unique location near the Cape Fear River and Atlantic Ocean. I What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The subject property is located on a portion of Market Street that has recently seen the development of more commercial properties designed to benefit the surrounding residential areas. Many nearby properties, including the parcel directly to the south of the subject property, are zoned B -2. The proposed use will be consistent with recent developments along this busy road. Page 3 of 5 Board of CommissionersCo,Wg I%,rMiDistrict Application — Updated 02 -2020 ITEM: 21- 7 - 3 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "N /A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checkfist App6canf Initial sillyff Inifial ❑ This application form, completed and signed 0 ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ❑ Community meeting written summary ❑ Traffic impact analysis (if applicable) ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right -of -way dedication; plans for access to and from the tract; location, width, and right -of -way for internal streets and locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage • The location of Special Flood Hazard Areas, If applicable • Location, species, and size (DBH) of regulated trees • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance I] One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional 414 hard copies may be required by staff depending on the size of the document /site 11Z % / plan. --- � /�'�� � i ❑ One (1) digital PDF copy of ALL documents AND plans Q YA Page 4 of 5 Board of Commissioners C(J0*dQr!phZ9L2@q District Application — Updated 02 -2020 ITEM: 21- 7 - 4 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: Submit an application including all required supplemental information and materials; Appear at public hearings to give representation and comments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arisi out of this application. r Stephen Clossick -Administrator: WBP, LLC Signatur of Pr �y Owner( Print Name(s) S gnature of Applicant /Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning websife will be required. Page 5 of 5 Board of Commissioners Golatitiavpl1 &;rgQobistricr Application — Updated 02 -2020 ITEM: 21- 7 - 5 COMMUNITY MEETING SUMMARY Legal Description Subject Pro e�rty: 7775 Market Street, Wilmington, NC 28411 PIN: R03600- 004 - 025 -000 Applicant: Samuel B. Potter, Attorney for CFB Powersports, LLC Property Owner: WBP, LLC Legal All of Lot 1 -B, of the Division of Lot 1 of the W.C. Alexander Division, as Description: the same is shown and described on a map thereof recorded in Map Book 62, Page 69, of the New Hanover County Registry, together with and subject to easements and rights of way as shown on said map. Board of Commissioners - January 19, 2021 ITEM: 21- 7 - 6 COMMUNITY MEETING SUMMARY Application for B -2 Conditional District Zoning Subject Property: 7775 Market Street, Wilmington, NC 28411 PIN: R03600- 004 - 025 -000 Applicant: Samuel B. Potter, Attorney for CFB Powersports, LLC Property Owner: WBP, LLC Meeting Date: In- Person Meeting Zoom Access July 30, 2020 July 31, 2020 6:00 pm 6:00 pm Attendees: The Sound Cat Veterinary Hospital No attendees James Michael Outlaw Mary Outlaw Items Discussed: The meeting began with an explanation of the proposed development of the subject property and an overview of the project. All participants were in favor of the development, consistent with the explanations listed below for all attendee concerns and questions. 1. Shared Parking with The Sound Cat Veterinary Hospital Applicant explained that existing parking availability will not be affected. The drive into the property will be expanded to allow for easier movement of traffic. 2. Use of Infiltration System Applicant confirmed that the property would have its own stormwater permit and system. 3. Presence of Heritage Oaks Applicant has had the property surveyed for the presence of any heritage trees, and the survey will be disclosed with this application. 4. Safety of Surrounding Residential Properties The property will have 24/7 electronic surveillance. 5. Visibility of Bordering Residential Properties from Parking Lot and Visible Light from Parking Lot at Night The applicant will construct a 6 -foot wooden privacy fence along all property lines that border residential properties. 6. Traffic Through Parking Lot and Public Access to Nearby Residential Properties The applicant explained that the property will be fenced on all sides, and all gates will be locked during all times outside of normal operating hours. Board of Commissioners - January 19, 2021 ITEM: 21- 7 - 7 PROPOSED SITE PLAN Board of Commissioners - January 19, 2021 ITEM: 21- 8 - 1 2" F.M. TO TIE TO CFPUA 12" F.M. (APPROXIMATELY 3oo L.F.) \ N/F \\ \ \\\ \ VIRGINIA L. CROCKER LIFE ESTATE 8' CHERRl ` \ \ \\ \ \ \ DB 5682 PG 2217 � \\ 13" M G \ \ \ 4' �4� 18" PIlVE \ \ \ tio X31„ L -OAK PROPOSED DUPLEX SS LIFT STATION (PRIVATE) a N 7780 MARKET ST. / N/F JAMES MICHAEL OUTLAW, JR 37- ��w4. R03600 - 004 - 023 -000 // ��� DB 5456 PG 785 �0 40 36 / 2 v v v `9�N\ \ \ \ \ 6A `�O �sss '.0. ��Uo VP) \ . / s 3o' ACCESS EASEMENT, 46' UTILITY EASEMENT & 46' DRAINAGE EASEMENT (FOR LOTS 1 -A & 1 -B) - \ \ \ \ \ \ \ �\ /III /'✓ \ \ (ACCESS EASEMENT: SEE LINE TABLE L13) vv vv v \ ] EXIS'�'IJ;TG VETERINARY HOSPITAL JO `' FUR;�LYING REALTY TRL�T PA, �EL Pik # R03600- 004- oo8 -o0 MAP BOOK 25 PAGE 174 �� � Ilk. DEED BOOK 4335 PAGE 0331 \ \ \ �1l 7775 MARKET STREET v �b�5� \ ��d �11I lid "���J II � �v ` •�v v / � 18 FES \ \ G ` 557 SF �O \ ♦ 19 � ♦ 20 LOT 2 W.C. ALEXANDER DIVISION \ S AND Fi PROPERTIES, LLC PARCEL ID # R03600- 004 - 007 -000 \ MAP BOOK 25 PAGE 174 DEED BOOK 5963 PAGE 800 7755 MARKET STREET 18" FES — W /5'X1o'XI2" ED" Board of Commissioners - January 19, 2021 ITEM: 21- 9 - 1 5 e\ \ / SNq�� 409 SF / o_ / • c� / AR . / 74s AR� I / SITE DATA PARCEL ID: CURRENT ZONING: CAMA LAND USE CLASSIFICATION: PROJECT ADDRESS: CURRENT OWNER: TOTAL ACREAGE IN PROJECT BOUNDARY NUMBER OF BUILDINGS: PROPOSED USE: R03600- 004 - 025 -000 O & I (CUD) / SHOD TRANSITION 7775 MARKET ST WILMINGTON, NC 28411 WBP LLC 6oO2 MEADOW RUN COURT CHAPEL HILL, NC 27516 1oo,187 SF (f2.3 ac.) 1 BOAT AND MOTORCYCLE SALES /SERVICE TOTAL BUILDING SIZE IN GFA: 12,000 S.F. GFA BUILDING HEIGHT: ±2o.625'/ 1 STORY (40' MAX. ALLOWED) BUILDING SETBACKS: FRONT: REQUIRED= 25' (loo' SHOD) PROPOSED= 95' SIDE: REQUIRED= o' PROPOSED= 55'L/54'R REAR: REQUIRED= 76' PROPOSED= 150' CALCULATION FOR BUILDING COVERAGE: PROPOSED COVERAGE 12,000 S.F. _ Ioo,187 S.F. = 11.98% PROPOSED ON -SITE IMPERVIOUS AREAS: BUILDING ROOF 12,000 S.F. CONCRETE 3,020 S.F. ASPHALT PARKING 23,412 S.F. ASPHALT STORAGE AREA 29,332 S.F. TOTAL 67,764 S.F (67.6 %) PARKING REQUIRED (12,000 S.F.): SOUTHEAST FACADE: 8o LF X 20' FACADE X 12% MIN: 1 SPACE /400S.F. = 30 SPACES (2 H.C.) PARKING PROVIDED: 45 SPACES (2 H.C.) PARKING LOT INTERIOR LANDSCAPING REQUIRED 23,412 S.F. * 8% 1,873 S.F. PROVIDED 4,493 S.F. FOUNDATION PLANTINGS: 86 NORTHEAST FACADE: 15o LF X 2o' FACADE X 12% REQUIRED: 36o S.F. PROVIDED: 383 S.F. SOUTHEAST FACADE: 8o LF X 20' FACADE X 12% REQUIRED: 192 S.F. PROVIDED: 196 S.F. STREETYARD REQUIREMENTS: MARKET ST.: 18' (9' MIN & 27' MAX WIDTH) REQUIRED: 189.59 LF X18'= 3,413 S.F. PROVIDED: 3,507 S.F. ALEXANDER RD. 9' (4.5' MIN & 13.5' MAX WIDTH) REQUIRED: 209.4 -21.8= 187.6' LF X9'= 1,688 S.F. PROVIDED: 1,914 S.F. DEVELOPMENT NOTES: L ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE NEW HANOVER COUNTY UDO. 2. PROJECT SHALL COMPLY WITH ALL FEDERAL, STATE & NEW HANOVER COUNTY REGULATIONS. 3. SITE DEVELOPMENT RUNOFF WILL BE TREATED BY UNDERGROUND INFILTRATION SYSTEM. EXISTING NCDENR & COUNTY STORMWATER PERMITS TO BE MODIFIED PRIOR TO STARTING CONSTRUCTION ON MODIFIED PLAN. 4. ALL ROOF RUNOFF TO BE DIRECTED TO INFILTRATION SYSTEM. ROOF DOWNSPOUTS TO BE COORDINATED WITH ENGINEER FOR APPROPRIATE DIRECTION TO DESIGNED SYSTEM. 5. OWNER AND CONTRACTOR TO COORDINATE CONNECTION OF EXISTING VETERINARY HOSPITAL TO PROPOSED SANITARY SEWER COLLECTION SYSTEM. LEGEND PROPERTY LINE ADJOINERS ------ W- RUNOFF DIRECTION w WATERLINE 9S SANITARY SEWER LINE 5:1 GRASSED SWALE 25.5 SPOT ELEVATION PARKING LOT LANDSCAPING STREETYARD FOUNDATION PLANTINGS BUFFER YARD EXISTING FIRE HYDRANT EXISTING WATER VALVE 30' 15' o' 30' 6o' Scale: 1 " =30' VICINITY MAP (NOT TO SCALE): 4� 0 SITE APPROVED: CDC 86 PROJECT NUMBER: 2020 -015 z &gys�O a O 1 U WN UN 00� 00 J U O C�z _5 U d OwIlIlloo, v cl ,V P `\ CLIENT INFORMATION: Battleship Cycles & Marine 8006 Market St. Wilmington, NC 28411 DRAWN: JAE SHEET SIZE: 24X36 CHECKED: CDC DATE: 12/8/2020 APPROVED: CDC 86 PROJECT NUMBER: 2020 -015 z a a H a H x z OwIlIlloo, v cl ,V P `\ CLIENT INFORMATION: Battleship Cycles & Marine 8006 Market St. Wilmington, NC 28411 DRAWN: JAE SHEET SIZE: 24X36 CHECKED: CDC DATE: 12/8/2020 APPROVED: CDC SCALE: 1" = 30' PROJECT NUMBER: 2020 -015 DRAWING NUMBER: C -1 2 OF 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Planning PRESENTER(S): Marty Little, Long Range Planner CONTACT(S): Marty Little; Brad Schuler, Senior Planner; and Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -20) - Request by Design Solutions on Behalf of the Property Owners, Edna F. Dupree Heirs (Karen Coley) and Edward Foyles Heirs (Lewis Hines), to Rezone Approximately 2.22 Acres of Land Located at 7036 and 7038 Market Street, from R -15, Residential District, to (CZD) CB, Conditional Community Business District, in Order to Develop a General Retail Sales and Personal Service Establishment BRIEF SUMMARY: The applicant is seeking to rezone approximately 2.22 acres from R -15, Residential District, to (CZD) CB, Conditional Community Business District, in order to develop a general retail sales and personal service establishment. The conceptual plan indicates that the principal structure will be a one -story 16,000 square foot building, which is comprised of 10,000 square feet for a retail furniture business and showroom and 6,000 square feet of miscellaneous retail or personal services. A one -story 5,000 square foot warehouse serving as storage for furniture stock associated with the furniture retail component is also proposed. The existing zoning (R -15) allows the site to be used for residential uses. Currently, the site is undeveloped. Under the County's performance residential standards, the current zoning would allow a maximum of five dwelling units at a density of 2.5 dwelling units per acre. The proposed conditional zoning would allow the property to be used for general retail sales and general personal service uses, both of which are allowed by -right in the CB district. As currently zoned, it is estimated the site would generate about 6 -8 trips in the peak hours. The proposed development is estimated to generate approximately 16 trips in the AM peak hour and 39 trips in the PM peak hour, a net increase of about 8 AM and 33 PM peak hour trips when compared to current zoning. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). The property is located along the Market Street corridor, adjacent to existing commercial uses. The site abuts single - family homes to the east and south, and an additional single - family home along Market Street to the southwest. The development would be required to meet all screening and landscaping requirements of the UDO, which includes an opaque buffer where the development abuts residential property. One of the goals of the New Hanover County Strategic Plan for 2018 -2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. As detached single family homes typical in R -15 zoning districts are the predominant housing type and make up 92% of residential units in the Ogden community area, the conversion of these properties to commercial zoning will not decrease housing diversity. The 2016 Comprehensive Plan classifies the site as Urban Mixed Use. The proposed rezoning for the retail sales and Board of Commissioners - January 19, 2021 ITEM: 22 personal services use with accessory warehouse is generally CONSISTENT with the types of commercial uses encouraged in the Urban Mixed Use place type. The Planning Board considered this application at their November S, 2020 meeting. No members of the public spoke in opposition to, or in favor of, the request. The Planning Board recommended approval of the application (4 -0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request to be reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new single family residence will be constructed on the site. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new single family residence will be constructed on the site. [Optional] Note any conditions to be added to the district. Alternative Motion for Denial: I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 22 SCRIPT for Conditional Zoning District Application (Z20 -20) Request by Design Solutions on behalf of the property owners, Edna F. Dupree Heirs (Karen Coley) and Edward Foyles Heirs (Lewis Hines), to rezone approximately 2.22 acres of land located at 7036 and 7038 Market Street, from R -15, Residential District, to (CZD) CB, Conditional Community Business District, in order to develop a general retail sales and personal service establishment. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to a (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new single family residence will be constructed on the site. [Optional] Note any conditions to be added to the district. Example Motion of Denial I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent neighborhoods. Board of Commissioners - January 19, 2021 ITEM: 22- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a conditional (CZD) CB district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find that [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 19, 2021 ITEM: 22- 1 - 2 STAFF REPORT FOR Z20 -20 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z20 -20 Request: Rezone 2.22 acres from R -15 Residential to (CZD) CB Community Business for Retail Sales and Personal Services Applicant: Property Owner(s): Cindee Wolf, Design Solutions Edna F. Dupree Heirs (Karen Coley) Edward Foyles Heirs (Lewis Hines) Location: Acreage: 7036 & 7038 Market Street 2.22 PID(s): Comp Plan Place Type: R04400- 005 - 017 -000 Urban Mixed Use R04400- 005 -016 -000 Single - Family Residential, Retail, Office, Religious Existing Land Use: Proposed Land Use: Undeveloped General Retail Sales & Personal Services Current Zoning: Proposed Zoning: R -15 (CZD) CB Community Business SURROUNDING AREA LAND USE ZONING North Personal Services, Financial Institution, Single - Family B -2, R -15 Residential East Single - Family Residential R -15 South Restaurant, Car Wash, Kennel, Retail Nursery, Single- B -2, R -15 Family Residential West Single - Family Residential, Retail, Office, Religious R -15, B -2, (CZD) B -2 Assembly Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 1 Page 1 of 14 ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) COMMUNITY SERVICES Water /Sewer Water and sewer services are available through CFPUA. Specific design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Ogden Schools Ogden Elementary, Noble Middle, and Laney High schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to rezone approximately 2.22 acres from R -15 Residential to (CZD) CB Conditional Zoning District Community Business in order to develop a retail and personal services establishment. The application indicates that the use of the subject property will be a one -story 16,000 square foot structure, which includes 10,000 square feet for a retail furniture business and showroom and 6,000 square feet of miscellaneous retail or personal services. A one -story 5,000 square foot warehouse serving as storage for furniture stock associated with the furniture retail component is also proposed. According to the applicant, the warehouse is intended to store customer orders for pick -up and /or delivery. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 2 Page 2 of 14 • The conceptual plan shows the main 16,000 square foot building toward the front of the property facing Market Street, with parking to the side. The warehouse and loading area are located immediately behind the principal structure, and the proposed stormwater management area is located to the rear of the property. • The subject site is located on Market Street where future NCDOT improvements are planned as part of the Military Cutoff Extension project. To anticipate these improvements, the applicant has designed the site to reflect the completion of that project, which is expected by early 2023. Additional information is provided in the Transportation section of this report. N rl f�f lil i I S Property Line 4 is v v I i 0,000" t ' t Furniture Retail & Is � Showroom r ..sr .r Setback %Bufferyard Y 6,000 sf Misc. Retail or 6 b a+ Personal Service Proposed Conceptual Site Plan with Staff Markups ZONING CONSIDERATIONS • General retail sales and general personal service uses are both allowed by -right in the CB Community Business district. • While the CB district allows a range of commercial uses, the Conditional Zoning District designation would limit the types of uses on the site to retail and personal service. • Under the County's performance residential standards, the current zoning (R- 152.22 acres) would allow a maximum of five dwelling units at a density of 2.5 dwelling units per acre. • In the CB district, a minimum 25 -foot rear setback, 20 -foot interior setback, and an opaque bufferyard are required where the development abuts existing single - family properties. Maximum height may not exceed 3 stories or 45 feet, though the structure proposed is one - story. • Since its original zoning designation in 1972, this portion of the county and Market Street corridor have experienced a gradual shift from the original R -1 5 zoning to more commercial districts and uses, a trend that is expected to continue. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 3 Page 3 of 14 Storm - water I f Mona,, 5,000 sf � fP1e1t I furniture I Storage I�1 1 Proposed Conceptual Site Plan with Staff Markups ZONING CONSIDERATIONS • General retail sales and general personal service uses are both allowed by -right in the CB Community Business district. • While the CB district allows a range of commercial uses, the Conditional Zoning District designation would limit the types of uses on the site to retail and personal service. • Under the County's performance residential standards, the current zoning (R- 152.22 acres) would allow a maximum of five dwelling units at a density of 2.5 dwelling units per acre. • In the CB district, a minimum 25 -foot rear setback, 20 -foot interior setback, and an opaque bufferyard are required where the development abuts existing single - family properties. Maximum height may not exceed 3 stories or 45 feet, though the structure proposed is one - story. • Since its original zoning designation in 1972, this portion of the county and Market Street corridor have experienced a gradual shift from the original R -1 5 zoning to more commercial districts and uses, a trend that is expected to continue. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 3 Page 3 of 14 AREA SUBDIVISIONS UNDER DEVELOPMENT Area Subdivisions Under Development Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 4 Page 4 of 14 Access • Access is provided to the subject property by Market Street, approximately 1/4 mile north of the Military Cutoff Road intersection. One driveway is proposed off of Market Street, which would be converted into a controlled access driveway (right -in, right -out) once the Military Cutoff Extension project is complete. No other access to the site is proposed. • A by -right residential development on the site under the current zoning (R -15) would allow up to five dwelling units, which is estimated to generate about 8 trips in the AM and 6 trips in the PM peak hours. • Under the proposed (CZD) CB zoning, approximately 16,000 square feet of commercial space and 5,000 square feet of storage would be constructed on the site, which is anticipated to generate approximately 16 vehicular trips in the AM peak hour, and approximately 39 trips in the PM peak hour. The net difference in traffic would be an increase of 8 AM and 33 PM peak trips when compared to current zoning. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 5 Page 5 of 14 Development Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM 0 PM Typical Development under Current 5single- family homes 8 AM 6 PM R -15 Zoning: 16,000 square feet Proposed Development under commercial space 16 AM / 39 PM Proposed (CZD) CB Zoning: 5,000 square feet storage Net difference between current R -15 and proposed (CZD) CB zoning +8 AM / +33 PM • The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required to analyze transportation impacts, Staff has provided the volume to capacity ratio for Market Street near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C Market Street 7100 Block 50,500 44,324 1.14 • The Military Cutoff extension improvements are expected to improve the volume to capacity ratio by 30 -50% at this location based on the 2035 traffic forecast included in the Military Cutoff Extension and Hampstead Bypass Traffic Operations Analysis Report. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 6 Page 6 of 14 Nearhv Planned Transnertatinn Imnrevements and Traffic Imnact Annlvses STIP Project U -6202 STIP Project Miles 0 0 •. Bayshore Commercial TIA Approved STIP Project U -4751 * -1`20-20[ CITY OF JF WILMINGTON i Q�S • it I/II�jI ��I ILE �yI 911t��♦R�j�� ate I I rA Nearby Planned Transportation Improvements and TIAs 1 Mile Radius Nearby NC STIP Roadway Projects: • STIP Project U -4751 (Military Cutoff Extension)_ • Project to extend Military Cutoff from Market Street to 1 -140. • Includes improvements to Market Street (access management and widening) between Station Road and El Ogden Drive, which are expected to impact properties in the area. See map on next page. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • The project is currently under construction and is expected to be completed by early 2023. Z20 -20 Staff Report BOC 1. 19.2021 Page 7 of 14 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 7 Traffic • . - � �i �•• • -•I 2 Under Review P p� +ff.zp4 Under Draft STIP Project U -6202 STIP Project Miles 0 0 •. Bayshore Commercial TIA Approved STIP Project U -4751 * -1`20-20[ CITY OF JF WILMINGTON i Q�S • it I/II�jI ��I ILE �yI 911t��♦R�j�� ate I I rA Nearby Planned Transportation Improvements and TIAs 1 Mile Radius Nearby NC STIP Roadway Projects: • STIP Project U -4751 (Military Cutoff Extension)_ • Project to extend Military Cutoff from Market Street to 1 -140. • Includes improvements to Market Street (access management and widening) between Station Road and El Ogden Drive, which are expected to impact properties in the area. See map on next page. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • The project is currently under construction and is expected to be completed by early 2023. Z20 -20 Staff Report BOC 1. 19.2021 Page 7 of 14 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 7 Market Street port ;nn of Military Ctffnff Extension ( • STIP Project U -4902D (Market Street Median) o Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5 -foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed by early 2023. • STIP Project U -4902C (Market Street Median) o Project to install a center median and pedestrian accessways along Market Street from College Road to Station Road. o The project is currently in right -of -way acquisition but is on hold. Expected construction year has been delayed from 2024 to 2029. • STIP Project U -6202 (Gordon Road Widening) • Project to widen Gordon Road from 1 -40 to Market Street. The project will also include the installation of a 1 0 -foot multi -use path. • Currently in design and scheduled for right -of -way acquisition in 2022 and construction in 2024. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 8 Page 8 of 14 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status 2. Ogden Starbucks • 20,000 square feet of • Approved May 10, 2019 Medical /Dental Office • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable • 70,000 square feet of • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at 1. Bayshore Shopping Center • TIA approved September 1 1, Commercial • 8,000 square feet of High 2019 Development Turnover Sit Down • 2022 Build Out Year Restaurant • 4,000 square feet of Fast Food Restaurant The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional westbound left turn lane on Bayshore Drive to Market Street • Extension of existing northbound right turn lane on Market Street from Bayshore Drive to the site's access points Nearby Proposed Developments included within the TIA: • None Development Status: A site plan application has been submitted but has not been approved by the Technical Review Committee. No roadway improvements have been installed at this time. Proposed Development Land Use /Intensity TIA Status 2. Ogden Starbucks • 2,200 square foot coffee • Approved May 10, 2019 shop with drive thru • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project U -4751 ). Modification of the signal timing at the same intersection to incorporate the new dual right -turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Construction has been completed. The installation of right -turn lane will be completed with the Military Cutoff extension project. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 9 Page 9 of 14 ENVIRONMENTAL • The site does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. • The subject property is located within the Howe Creek watershed, which drains to the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable /slight limitation) soils. However, the subject site will be served by public water and sewer. OTHER CONSIDERATIONS CONTEXT AND COMPATABILITY • The property is located along Market Street, which is identified as a Principal Arterial on the WMPO Functional Classification Map. • The site is located adjacent to existing commercial retail and personal service uses along Market Street and abuts approximately seven single - family homes of the El Ogden subdivision to the east and south and an additional single - family home along Market Street to the southwest. • The concept plan positions the principal structure near the Market Street corridor and further away from the homes along Buff Circle and El Ogden Drive. The parking area is sited next to the Live Oak Center commercial strip. • The development would be required to meet all screening and landscaping requirements of the Unified Development Ordinance, which includes an opaque transitional buffer where the development abuts residential property. A full review of the buffer would be conducted by the Technical Review Committee. • The development will have no impact on the school system. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 10 Page 10 of 14 Representative Developments in R -15 along Principal Arterials: Single - family homes in R -15 district along Market Street Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 11 Page 11 of 14 Representative Developments of Commercial and Furniture Retail along Principal Arterials: Commercial and Furniture Retail along Market Street NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The subject site is located in the Ogden community area, where 70% of residents currently live within one -mile of a provider of convenience needs (grocery stores, retail staples, pharmacies, etc.) and 94% of residents live within two miles. Provision of convenience needs at this location is unlikely to increase access for the community's residents. • As detached single family homes typical in R -1 5 zoning districts are the predominant housing type and make up 92% of residential units in the Ogden community area, the conversion of these properties to commercial zoning will not decrease housing diversity. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 12 Page 12 of 14 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be Future Land Use Urban Mixed Use Map Place Type Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single - family, and multi - family residential. The subject site is located at the eastern edge of an area that the Comprehensive Plan ultimately envisions as an Urban Mixed Use place that would provide goods and services for nearby residents and the larger community. This designation was applied to the area near Gordon /Market and Military Cutoff Extension /Market intersections because of the existing commercial development pattern and high traffic volume. This designation anticipates the gradual conversion of residential properties along the Analysis Market Street corridor to commercial and mixed use projects. The site is immediately adjacent to existing commercial to the northeast along Market St. and existing single - family residential to the north and south and west. The proposed conditional retail sales and personal services uses with accessory warehouse is consistent with the types of commercial uses that would be appropriate in an Urban Mixed Use place type and, as lower traffic generators, would also serve as an appropriate transition away from the higher intensity roadway intersections to the west. Consistency Recommendation The proposed rezoning for the retail sales and personal services use with accessory warehouse is generally CONSISTENT with the types of commercial uses encouraged in the Urban Mixed Use place type. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 13 Page 13 of 14 PLANNING BOARD ACTION The Planning Board considered this application at their November 5, 2020 meeting. No members of the public spoke in opposition to, or in favor of, the request. The Planning Board recommended approval of the application (4 -0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request to be reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new single family residence will be constructed on the site. STAFF RECOMMENDATION The proposed rezoning is generally CONSISTENT with the goals and objectives of the Comprehensive Plan and the types of commercial uses encouraged in the Urban Mixed Use place type, as it is located in an area that the plan ultimately envisions as Urban Mixed Use that would provide goods and services for nearby residents. Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new single family residence will be constructed on the site. Alternative Motion for Denial: I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent neighborhoods. Z20 -20 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 22- 2 - 14 Page 14 of 14 Case: Site Address: Existing Zoning/Use: Proposed Zoning Z20 -20 7000 block R -15/ CZD CB/ Market St Undeveloped Retail N A CITY %m4' - u Subject Site B -2 yc / _ 0 R -15 A ro sp 750 Bo d o o missi Roy '; I :2 - - UID"RIVI Fm Zoning Districts B -1 AC R -5 EDZD CB 1 -1 R -7 PD B -2 1 -2 R 110 RMF -X Cs AR R -15 RMFU 5C RA R -20 UMXZ 0 &1 R -20s Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning Z20 -20 7000 block R -15/ CZD CB/ Market St Undeveloped Retail N I. R ?O� 120 :065 7100 7061 • t�J��� s�%�,/ • OE 04a %* 7046 Fj 0. Q r 7044 /� • 120 9cy 7040 7047 70422 70442 /0,24/0 16 * 7036 • / ( « 105 130 7043 7042 7042 101 • •7032 • • 109 A42 7037 • _102 106 113 • 145- • •7038 A • • 7031 • ��� 7036 110 149— 7035 ~� 7034 •114 *50 • .�� • 7032 * ,1 a 201 • • 209 7021 7028 • • 7022 • 2106 201 • 7030 y • ! 14 207 +0 8 213 Site • • Subject Site •r 213 212\ 277 • 2 * \\ 273 • 269 • :62 265 C yc �0 ",r 1715 75 A Qd . • • 750 •A 1 1 Feet ❑ Nft�M X\ q-,w r1TV WZ /� ��' CZV RMF- B-2 n , Site R -15 APPLICANT MATERIALS Board of Commissioners - January 19, 2021 ITEM: 22- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (9 i 0) 798 -7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Public Hearing Procedures Applicant /Agent Name Owner Name (if different from Applicant /Agent) CINDEE WOLF EDNA F. DUPREE HEIRS (KAREN COLEY) Company Company /Owner Name 2 DESIGN SOLUTIONS EDWARD FOYLES HEIRS (LEWIS HINES) Address ! Address R-15/VACANT C/O EASTERN CAROLINAS COMMERCIAL REAL ESTATE PO BOX 7221 4922 RANDALL PKWY. STE. D City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28403 Phone Phone 910- 620 -2374 910 -399 -4602 / DAVID BRANTON Email Email CWOLF @LOBODEMAR.BIZ DAVID @ECCRENC.COM 2. Subject Property Information Address /Location Parcel Identification Number(s) 7036 & 7038 MARKET ST 315919.60.0724 & 315919.60.0880 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 2.22 AC. R-15/VACANT URBAN MIXED -USE Applicant Tracking Information (This section completed by staff) Case Number. Date / Time Received: Received by. �o -� to /gf7 / AlI.c. Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 2 Page 1 of 5 Conditional Zoning District Application — Updated 02 -2020 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) CB Total Acreage of Proposed District: 2.22 AC. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. THE PURPOSE OF THE COMMUNITY BUSINESS (CB) DISTRICT IS TO ACCOMMODATE DEVELOPMENT, GROWTH AND CONTINUED OPERATION OF BUSINESSES THAT SERVE SURROUNDING NEIGHBORHOODS WITH GOODS & SERVICES. THE BUSINESS OWNERS CURRENTLY OPERATE OUT OF A LEASED FACILITY. THEIR ESTABLISHMENT HAS BEEN VERY SUCCESSFUL, AND THEY DESIRE TO OWN THEIR BUSINESS PROPERTY. TO LEASE. THE PROPOSAL INCLUDES: ** 16,000 S.F. / ONE -STORY / COMMERCIAL BUILDING FOR A 10,000 S.F. OUTDOOR FURNITURE BUSINESS SHOWROOM & 6,000 S.F. OF ADDITIONAL SPACE TO BE LEASED FOR MISC. RETAIL AND / OR PERSONAL SERVICES *' 5,000 S.F. / ONE -STORY / WAREHOUSE BUILDING FOR THE OUTDOOR FURNITURE STOCK ** PARKING & STORMWATER MANAGEMENT FACILITY 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 15,000 SF FURNITURE STORE (890) & / 6,000 S.F. MISC. RETAIL (820) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) GROSS FLOOR AREA (GFA) AM Peak Hour Trips: 3 / 6 = 9 I PM Peak Hour Trips: 7 / 22 = 29 Board of Commissioners - January 19, 2021 ITEM: 22- 7 3 Page 2 of 5 Conditional Zoning District Application — Updated 02 -2020 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. THE POLICIES FOR GROWTH AND DEVELOPMENT ENCOURAGE CONTINUED EFFORTS TO ATTRACT AND MAINTAIN BUSINESSES. THE PETITIONER HAS OPERATED A SUCCESSFUL ENTERPRISE HERE IN NEW HANOVER COUNTY FOR SEVERAL YEARS, BUT CURRENTLY OCCUPIES A LEASED SPACE. THE PURPOSE IS TO HAVE OWNERSHIP OF THE PROPERTY AND ADDITIONAL INCOME FROM LEASED SPACE. THE PROPERTY IS ALONG A MAJOR COMMERCIAL CORRIDOR WHERE BUSINESS ACTIVITIES ARE MOST CONVENIENT. SUSTAINABILITY OF THE COUNTY DEPENDS ON SENSIBLE IN -FILL AND MAXIMIZING USE OF LANDS ALREADY ACCESSIBLE TO SERVICES. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. THE TRACT IS IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN AS A "COMMUNITY MIXED -USE" PLACE -TYPE. THE PLAN SUGGESTS HIGHER DENSITIES AND MORE INTENSIVE USES TO SUPPORT THE SURROUNDING RESIDENTIAL NEIGHBORHOODS. THE PROPOSED PROJECT IS AN ACCEPTIBLE TRANSITION BETWEEN THE BUSY HIGHWAY CORRIDOR AND THE MORE ESTABLISHED SINGLE - FAMILY HOUSING BESIDE & BEHIND IT, 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? MARKET STREET (U.S. HWY. 17) IS A MAJOR THOROUGHFARE OF THE COMMUNITY. SINGLE - FAMILY RESIDENCES ARE MUCH LESS ATTRACTIVE ALONG BUSY TRAFFIC CORRIDORS. TRANSITION OF USES IS AN ACCEPTABLE PLANNING STRATEGY. Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 4 Page 3 of 5 Conditional Zoning District Application - Updated 02 -2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial Staff Initial ❑ This application form, completed and signed CAW eA JLe ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW M L �- ❑ Community meeting written summary CAW 10�1 I— L- * Traffic impact analysis (if applicable) N/A A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW L L ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right -of -way dedication; plans for access to and from the tract; location, width, and right -of -way for internal streets and locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage • The location of Special Flood Hazard Areas, if applicable • Location, species, and size (DBH) of regulated trees o Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW Al t ❑ One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document /site plan. CAW 'AA 4- ❑ One (1) digital PDF copy of ALL documents AND plans CAW /k L c Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 5 Page 4 of 5 Conditional Zoning District Application - Updated 02 -2020 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this applic ion. KAREN COLEY FOR EDNA F. DUPREE HEIRS Signature of Property Owner( Print Name(s) W04J DESIGN SOLUTIONS / CINDEE WOLF Signature of Applicant /Agent Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. 1. l- I �`l.it P�Ilw�y% Board of Commissioners - January 19, 2021 Page 7 of 7 ITEM: 22- 7 tl�nditional Zoning District Application — Updated 5/2017 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hear' s to 've representation and commitments; and 3. Acton my ehalf wilh t limit ons with regard to any and all things directly or indirectly connected with or arising Out O Is ap Acci310 JJJ Signature &f Property Signature of Applicant /Agent LEWIS HINES FOR EDWARD FOYLES HEIRS Print Name(s) DESIGN SOLUTIONS / CINDEE WOLF Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. } . °,.0 7 / Board of Commissioners - January 19, 2021 Page 7 of 7 ITEM: 22- 7 {bnditional Zoning District Application — Updated 5/2017 Legal Description for Conditional Zoning District Petition On 7036 & 7038 Market Street Beginning at a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a variable width public right -of -way; said point being located approximately 1557 feet south along that right -of -way from its intersection with Middle Sound Loop Road; and running thence: South 44 031'23" East, 131.39 feet to a point; thence South 44 019'52" East, 108.56 feet to a point; thence South 44 041'03" East, 139.77 feet to a point; thence South 44 020'12" East, 174.35 feet to a point; thence South 47 032'43" West, 175.90 feet to a point; thence North 44 027'39" West, 544.84 feet to a point in the southeastern boundary of Market Street; thence with that right -of -way, North 44 032'27" East, 175.76 feet to the point and place of beginning, containing 2.22 acres, more or less. Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 8 i ♦ �pQO rya NOW OR FORMERLY ♦/ LEW PP W/ <\ PED BOOK 5192 PAGE 2481 N61N CA GUY EL OGDEN PER AERIAL UTILITY MAP BOOK 14 PAGE 42 JQ, . \ / '/ �� G,�O PED 01 • `X` PED EASEMENT / J ry / / ` \` BOOK 6119 PAGE 1117 VICINITY MAP NO SCALE / iO GOB Gtc. ♦ PED STr 03 a. ` [ Q ./ P� F�1� V �1 / \ \\ EL OGDEN / �O ECM Oo �'g°� ♦/ / `\ MAP BOOK 14 PAGE 42 + '`L . O �Q �- �c♦ �` EIP AERIAL UTILITY \PED \ / EASEMENT / \` �ji / BOOK 5974 PAGE 902 � \ IP PED PED PED • A / `. EIP ' G EL OGDEN MAP BOOK 14 PAGE 42 / �s� DIVISION OF JOSEPHINE FOYL S LOT 6`\ 's / \ \ 0 6' \ MAP BOOK 8 PAGE 43 ��, "�� ; ' ,L 48,549 SQ. FT. f \\ \ �/s. �.• 1.11 AC. f Qp G EL OGDEN •o\ ��� \ ` MAP BOOK 14 PAGE 42 EIP y .J \,'� °� DIVISION OF JOSEPHINE FOYLES �� �/ \ LOT 5 Allz MAP BOOK 8 PAGE 43 / \ 48,083 SQ.FT. � . 1.10 AC. \� NOW OR FORMERLY / SPICER N4- N \ ` BOOK 12E PAGE 1074 �� . \ \\ F EL O( ADEN / MAP BOOK 14 PAGE 42 \ \ SURVEY REFERENCE / \ BOOK 2381 PAGE 566 \ \ BOOK 2381 PAGE 558 \ \ BOOK 2381 PAGE 562 \ BOOK 2073 PAGE 508 BOOK 5974 PAGE 902 ` BENT BOOK 6119 PAGE 1117 EIP • � \\ \ \ \ MAP BOOK 8 PAGE 53 \ MAP BOOK 14 PAGE 42 ` \ � LEGEND N40N GEND EI EXISTING IRON REBAR \ \ o . �/ EL OGDEN > ECM h �q AGE 42 EIP EXISTING IRON PIPE �,� MAP BOOK 14 P ' ECM EXISTING CONCRETE MONUMENT �� \ \ •'S`L PED PERMANENT EASEMENT DISC � � e/ / PP POWER POLE ` \ � OHP OVERHEAD POWER \ /GRAPHIC SCALE: 1 " =30' IPS ` � \ 0 30 60 120 \ EIR / G ! � ` N39N )F SURVEY �A • . tkk EL OGDEN %UL CRAIG MAKI and MARY AGNES MAKI \ \ •�ti \ MAP BOOK 14 PAGE 42 SION OF JOSEPHINE FOYLES DIVISION OF JOSEPHINE FOYLES �IlK \ / LOT 5 LOT 6 MAP BOOK 8 PAGE 43 MAP BOOK 8 PAGE 43 48,083 SQ. FT. f 48,549 SQ. FT. 1.10 AC. f 1.11 AC. f \ \ OLD NORTH CAROCAROLINA \ , 0 / ` BOLT / ��/ NEW t1ANOVER COUNTY HARNETT TOWNSHIP NEW HANOVER COUNTY \ � \ NORTIi CAROLINA \ I, MICHAEL N. UNDERWOOD, CERTIFY TAHT THIS F PAUL CRAIG MAKI and ` ` ` / / DRAWN UNDER MY SUPERVISION FROM AN ACTUAL Si \ \ MARY AGNES MAKI MADE UNDER MY SUPERVISION DESCRIPTION AS SHOT \ . ! , 1122 E \ `V THE FACE OF THIS PLAT RATIO OF PRECISION AS CO VENT, N BLVD. ` \ ♦ ` N38N �/ ��y/ BY COMPUTER IS 1/10,000 + THAT THE BOUNDARIE WILMINGTON. NC 28411 EL OLDEN \` O SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED I / MAP BOOK 14 PAGE 42 `������1,C'A +R �4i�� INFORMATION REFERENCED THAT THIS PLAT WAS PRE'. ` \ !� / `�,.. Q ♦ IN ACCORDANCE WITH "THE STANDARDS OF PRACTICE rrp'V o�•'o� ti; LAND SURVEYING IN NORTH CAROLINA" WITNESS MY ` ' ` / V / sZ� '9 :� SIGNATURE, LICENSE NUMBER AND SEAL THIS 17Tt A D RIVE, S and ASSOCIATES PA O = SEAL = DAY OF AUGUST A.D., 2020 MA DRIVE, SUITE A SURVEYED: MR APPROVED: MNU \ ^-37N \ L -2962 -ON, NC 28403 ` EL OLDEN / n••�gti'g 910 -815 -0650 DRAWN BY: TBM DATE: AUG., 20 \ / O• gyp```. G'✓ + 10- 815 -0393 , MAP BOOK 14 PAGE 42 \ pi ♦F� �cQ:`�```` MICHAEL N. UNDERWOOD / P.L.S. nua0bizec.n.com Firm License �C -0615 CHECKED BY: MNU SCALE: 1 " =30' ` - � � '���� il+iN``�� LICENSE NUMBER L -2962 eddy 2019 \Final Surveys \7038 Market Street \dwg \7038 Master.dwg Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 9 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Porch Concepts / 7036 & 7038 Market St Proposed Zoning: R -15 to (CZD) CB The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on September 15, 2020. The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls or emails, and the associated dialogue. Date: Applicant: By: October 5, 2020 Design Solutions Cindee Wolf Boara ot Commissioners - January 19, 2U21 ITEM: 22- 7 - 10 Community Information Porch Concepts / 3076 & 3078 Market St Name Address Email (Optional) Steven H. Everhart 1701 Canady Rd severhart @ec.rr.com Shirlene Spicer 7034 Market St spicermuse @gmail.com Cindee Wolf Project Planner cwolf @lobodemar.biz Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 11 While I appreciate the fact that a stormwater plan will be developed for this site /project and that the site plan (now missing from the notice) includes a stormwater detention pond, the community downstream from the site floods with even minor storms. With removal of the vegetation and replacement with impervious surface, the stormwater plan MUST take into consideration downstream flow and as this is a special use permit, any modification to the property MUST insure that downstream runoff from this property will be ZERO even for a 100 year storm. Steven H. Everhart, PhD MAJ (Ret.) USA Medical Service Corps 1701 Canady Rd. Wilmington, NC 28411 910 - 262 -2442 severhart(@ec.rr.com Dr. Everhart, Thank you for your comments. When I link to the notice it includes the site plan on page two, but I attached a copy for your convenience. Detailed stormwater design and permitting will certainly take into consideration ALL aspects of the pre- / post- drainage conditions and downstream flow — as per the current regulations. Your contact will be logged in the report included with the future submittal. Regards, Cindee Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 12 ATTN: Cindee Wolf My husband and I have received the correspondence dated 15 Sept 2020 advising what is planned for the properties: 7036 & 7038 Market Street in Wilmington NC. We appreciate you sharing the proposed plans and we wanted to convey that we are not supporting the current plans that show a retention pond at the rear of the properties and the parking lot of the proposed businesses facing our adjacent residential property at 7034 Market Street. We find that having a parking lot directly placed next to the residence increases the level of crime, lighting and noise levels and so that the parking lot should be planned to be adjacent to the existing shops and its parking lot to the north of the properties. Thank you. Sincerely, Mrs. Shirlene Spicer spicermuse @gmail.com Mrs. Spicer, Thank you for your comments. I have attached an updated plan on which we've mirrored the layout. The building will now be along your common border — not the parking area. There is also a 20' planted buffer required along that entire boundary. All existing trees that can be preserved must be, and then the area will have evergreen shrubbery added to screen the building. Additionally, there really won't be a "pond" — something with standing water. This area has soils adequate for groundwater infiltration. One option is to incorporate infiltration basins under the parking lot pavement. The other is more like a depression in the ground. When it rains, it may be wet for a period of time until it seeps in. Otherwise, it stays dry. I will include your contact information and comments on the report that gets submitted along with the rezoning petition. Please don't hesitate to contact me again if you have additional questions. Thank you, Cindee Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 13 / / r r / r vAA ° • \ �P / 'Y\j NIP Oo A / Qar in nnn f / v \ Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 14 n/f \ /' / LF \ s Management, LLC D.B. 61 13 -2776 \ /' F \ ♦ Zoning: B-2 ♦ Land Use: Commercial Center / n/f Pennington Family Trust D.B. 4039 -768 /S. �6 \ G y I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L J n/f Mark Anna Taylor D.B. 6073 -2774 S LQI I( �xo Res '7i, F Ov, F �S S� / \\"� �9 S do \\ Ricarn/f do * \ Charmaine Mar \ D.B. 6 150-25 1 \ Zoring: R -1 5 Land Use: Dumps ter \ Residential Pad * `O. Enclosure S, \ �6 ♦ ac 41 �a \ � ♦ \ oa \ 5,000 s.f. \ n'f Outdoor Sherlene Rene Furniture Slicer D.B. 749 -198 7 (:5�- Warehouse / �\ Storm water \ / Management a�� 4 ♦ ♦ // /V V / / or,5 Zoning: R- 15 Land Use: Residential // \ / \ \ / \\ Ricarn/f do * \ Charmaine Mar \ D.B. 6 150-25 1 \ Zoring: R -1 5 Land Use: Dumps ter \ Residential Pad * `O. Enclosure S, \ �6 ♦ ac 41 �a \ � ♦ \ oa \ 5,000 s.f. \ n'f Outdoor Sherlene Rene Furniture Slicer D.B. 749 -198 7 (:5�- Warehouse / �\ Storm water \ / Management a�� 4 ♦ ♦ // /V V / / or,5 Zoning: R- 15 Land Use: Residential // \ / J LO LU V Z) 7— W- 0 00 0 z ry .o m � z 0 n � O a � 3 ri RT 0 s rJ .o N m 0 SI q NZ -_ 1,5 U.1 Q 1J {Jt tit - Ol "t 19, 2021 E 1.. - - F ' . rro R . a I_J rl i 0 Go In ^� r,IubIr)ILI N hl�Cr':r fjj F <K 1{ ' i N A PN Clt a z d b -aL�hi iW'� N cti li N N �1 ILI Q0 ca N d � w lil - z U 0 J LO LU V Z) 7— W- 0 00 0 z ry .o m � z 0 n � O a � 3 ri RT 0 s rJ .o N m 0 SI q NZ -_ 1,5 U.1 Q 1J {Jt tit - Ol "t 19, 2021 ITEM: 22- 7 - 15 1.. - - ' . rro I- 1A rr . u 14 I_J rl Zx Q to Ih= In ^� r,IubIr)ILI N ;F 1"4 ;r hl�Cr':r fjj <K N A PN Clt a Ig b -aL�hi iW'� � rJ cti li N r. �1 ILI ca N Ell s .o 0 nU z Q X a O 1 :- Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 15 N 1 :- 1.. - - rro In ^� Lm N A PN Clt a cti I ILI w lil - In w1 1L ILI X O 10 N t4 -J -- ri _1Ila fV iL "7 co ° t<! ha u ca uN N Z W KIP Q N �tD � ui r"I p�"'•�' { r W _; a!be Ne a z c14 LU ry > 0 �0 at Im m 00 an M N CD C4 to rn ID m Oa ■ 13 ■ N m El N E3 0 E3 3 Eo 0 0 0 E3 E3 E3 13 E3 ❑ 03i, 13 (OE ■ 13 ■ N m El N E3 0 E3 3 Eo 0 0 0 E3 E3 E3 13 E3 OWNER NAME C310 CAMPUS PROPERTIES LLC CASTRO SAUL CERVANTES ALVARO CHASE & DYLAN MIHALY LLC CHRISTLEY STEPHEN L KAREN D DITZ GREGORY A RENEE L EVANS ROBERT ETAL GAINES JAMES LORI GISLASON ERIC T GLOBAL PROPERTY HOLDINGS LLC GROSSMAN SHERWOOD L LOURDES HALL CATHY S ETAL HERNANDEZ CYNTHIA K & J HOLDINGS LLC K &1 HOLDINGS LLC KAPCZYNSKI COURTNEY TAYLOR ETAL KARP HELEN KATHERINE FUTCHUS LEGG ROBERT BETTY LF MANAGEMENT LLC MARTELLS RICARDO M CHARMAINE D MASSEY DREW E ELISE C MILLIMAN ROBERT MTARARATAME CHURCH MTARARATAME CHURCH NIXON ASSOCIATES LLC NIXON CARRIE L NIXON CORNELIUS E III NIXON SANDRA L NIXON TEDDI A PENNINGTON FAMILY TRUSTTHE PENNINGTON FAMILY TRUSTTHE PETTET JAMES RILEY ETAL PITTMAN FRANCES C PLOURDE CHARLES JR SCHLEICHER NICOLE SHEPS LLC SHIFFLETT RANDOLPH F JR LISA W SORDELLINI EDWARD R SPICER SHERLENE RENE SUSIE CHRISTY EDENS TAYLOR MARK D ANNA R TYNER KAREN W VEGA PACIFIC LLC WAL WILMINGTON CW LLC WILLIAMS KENNETH L GLORIA E WILLIAMS LOUISE EVANS MAILING ADDRESS 2180 TALMAGE DR 120 EL OGDEN DR 7015 MARKET ST 7500 ANACA POINT RD 109 BUFF CIR 5516 DAWNING CREEK WAY 7037 MARKET ST 1605 ORION PL PO BOX 11220 6601 SPRING GARDEN DR 206 EL OGDEN DR 126 EL OGDEN DR 4826 WALTMOOR RD 1645 ARLINGTON BLV E STE E 1645 ARLINGTON BLV E STE E 266 BUFF CIR 218 EL OGDEN DR 130 EL OGDEN DR 909 CICADA CT 110 BUFF CIR 403 JEWELL PT 214 EL OGDEN DR 7061 MARKET ST 7065 MARKET ST 7049 RUTH AVE 7048 RUTH AVE 5317 BLUE SAGE DR 5317 BLUE SAGE DR 277 BUFF CIR 721 WASHINGTON ACRES RD 721 WASHINGTON ACRES RD 150 EL OGDEN DR 138 SOUND BLVD 208 BUFF CIR 330 LAKE RD 1000 CREEKSIDE LN 105 BUFF CIR 213 EL OGDEN DR 3032 THAYER ST NE 273 BUFF CIR 106 BUFF CIR 1123 PARK VIEW DR 387 SKYLINE RD 2970 PEACHTREE RD STE 805 7036 RUTH AVE 7047 MARKET ST CITY / STATE / ZIP LELAND, NC 28451 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28409 WILMINGTON, NC 28405 WILMINGTON, NC 28405 WILMINGTON, NC 28404 WILMINGTON, NC 28403 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28409 GREENVILLE, NC 27858 GREENVILLE, NC 27858 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 RALEIGH, NC 27606 RALEIGH, NC 27606 WILMINGTON, NC 28411 HAMPSTEAD, NC 28443 HAMPSTEAD, NC 28443 WILMINGTON, NC 28405 NEWPORT, NC 28570 WILMINGTON, NC 28405 NEWPORT, NC 28570 WILMINGTON, NC 28411 WILMINGTON, NC 28405 WILMINGTON, NC 28411 WASHINGTON, DC 20018 WILMINGTON, NC 28405 WILMINGTON, NC 28411 COVINA, CA 91724 HICKORY, NC 28601 ATLANTA, GA 30305 WILMINGTON, NC 28411 WILMINGTON, NC 28405 Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 17 PROPERTY ADDRESS 7028 MARKET ST WILMINGTON 120 EL OGDEN DR WILMINGTON 7043 MARKET ST WILMINGTON 7031 MARKET ST WILMINGTON 109 BUFF CIR WILMINGTON 114 BUFF CIR WILMINGTON 7037 MARKET ST WILMINGTON 269 BUFF CIR WILMINGTON 124 EL OGDEN DR WILMINGTON 101 BUFF CIR WILMINGTON 206 EL OGDEN DR WILMINGTON 126 EL OGDEN DR WILMINGTON 201 BUFF CIR WILMINGTON 7050 MARKET ST WILMINGTON 7046 MARKET ST WILMINGTON 266 BUFF CIR WILMINGTON 218 EL OGDEN DR WILMINGTON 130 EL OGDEN DR WILMINGTON 7042 MARKET ST WILMINGTON 110 BUFF CIR WILMINGTON 113 BUFF CIR WILMINGTON 214 EL OGDEN DR WILMINGTON 7061 MARKET ST WILMINGTON 7065 MARKET ST WILMINGTON 7035 MARKET ST WILMINGTON 7048 RUTH AVE WILMINGTON 7040 RUTH AVE WILMINGTON 7044 RUTH AVE WILMINGTON 277 BUFF CIR WILMINGTON 102 BUFF CIR WILMINGTON 118 BUFF CIR WILMINGTON 150 EL OGDEN DR WILMINGTON 210 EL OGDEN DR WILMINGTON 208 BUFF CIR WILMINGTON 207 EL OGDEN DR WILMINGTON 7030 MARKET ST WILMINGTON 105 BUFF CIR WILMINGTON 213 EL OGDEN DR WILMINGTON 7034 MARKET ST WILMINGTON 273 BUFF CIR WILMINGTON 106 BUFF CIR WILMINGTON 142 EL OGDEN DR WILMINGTON 201 EL OGDEN DR WILMINGTON 7032 MARKET ST WILMINGTON 7036 RUTH AVE WILMINGTON 7047 MARKET ST WILMINGTON Project Information Notice September 15, 2020 To: Adjacent Property Owners Re: 7036 & 7038 Market Street My clients are interested in purchasing the referenced property for an outdoor furniture store and an additional building for offices or small retail shops. An exhibit of the site layout is attached. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. The County requires that the developer notify the property owners within an adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. Due to the current COVID -19 issue, however, a meeting cannot be held at this time. In lieu of that, you can contact the land planner, Cindee Wolf, with comments or questions at: Telephone: 910 - 620 -2374, or Email: cwolf(@lobodemar.biz We can also set up an on -line meeting for a forum with multiple parties if requested. Please let me know if you are interested in that alternative and arrangements will be made. All contact, comments, concerns, and recommendations must be recorded in a report delivered to the County along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 18 V- 11111(h .4kk x Qo ec OQ 15,000 s.f. Outdoor Furniture Store mmissione ITEM: 2 Alk- i -� ,I I.-, A\\ 0 S.f. I0ffto,-es or Retail Shops Stormwater Pond it -4* 1: U i ♦ �pQO rya NOW OR FORMERLY ♦/ LEW PP W/ <\ PED BOOK 5192 PAGE 2481 N61N CA GUY EL OGDEN PER AERIAL UTILITY MAP BOOK 14 PAGE 42 JQ, . \ / '/ �� G,�O PED 01 • `X` PED EASEMENT / J ry / / ` \` BOOK 6119 PAGE 1117 VICINITY MAP NO SCALE / iO GOB Gtc. ♦ PED STr 03 a. ` [ Q ./ P� F�1� V �1 / \ \\ EL OGDEN / �O ECM Oo �'g°� ♦/ / `\ MAP BOOK 14 PAGE 42 + '`L . O �Q �- �c♦ �` EIP AERIAL UTILITY \PED \ / EASEMENT / \` �ji / BOOK 5974 PAGE 902 � \ IP PED PED PED • A / `. EIP ' G EL OGDEN MAP BOOK 14 PAGE 42 / �s� DIVISION OF JOSEPHINE FOYL S LOT 6`\ 's / \ \ 0 6' \ MAP BOOK 8 PAGE 43 ��, "�� ; ' ,L 48,549 SQ. FT. f \\ \ �/s. �.• 1.11 AC. f Qp G EL OGDEN •o\ ��� \ ` MAP BOOK 14 PAGE 42 EIP y .J \,'� °� DIVISION OF JOSEPHINE FOYLES �� �/ \ LOT 5 Allz MAP BOOK 8 PAGE 43 / \ 48,083 SQ.FT. � . 1.10 AC. \� NOW OR FORMERLY / SPICER N4- N \ ` BOOK 12E PAGE 1074 �� . \ \\ F EL O( ADEN / MAP BOOK 14 PAGE 42 \ \ SURVEY REFERENCE / \ BOOK 2381 PAGE 566 \ \ BOOK 2381 PAGE 558 \ \ BOOK 2381 PAGE 562 \ BOOK 2073 PAGE 508 BOOK 5974 PAGE 902 ` BENT BOOK 6119 PAGE 1117 EIP • � \\ \ \ \ MAP BOOK 8 PAGE 53 \ MAP BOOK 14 PAGE 42 ` \ � LEGEND N40N GEND EI EXISTING IRON REBAR \ \ o . �/ EL OGDEN > ECM h �q AGE 42 EIP EXISTING IRON PIPE �,� MAP BOOK 14 P ' ECM EXISTING CONCRETE MONUMENT �� \ \ •'S`L PED PERMANENT EASEMENT DISC � � e/ / PP POWER POLE ` \ � OHP OVERHEAD POWER \ /GRAPHIC SCALE: 1 " =30' IPS ` � \ 0 30 60 120 \ EIR / G ! � ` N39N )F SURVEY �A • . tkk EL OGDEN %UL CRAIG MAKI and MARY AGNES MAKI \ \ •�ti \ MAP BOOK 14 PAGE 42 SION OF JOSEPHINE FOYLES DIVISION OF JOSEPHINE FOYLES �IlK \ / LOT 5 LOT 6 MAP BOOK 8 PAGE 43 MAP BOOK 8 PAGE 43 48,083 SQ. FT. f 48,549 SQ. FT. 1.10 AC. f 1.11 AC. f \ \ OLD NORTH CAROCAROLINA \ , 0 / ` BOLT / ��/ NEW t1ANOVER COUNTY HARNETT TOWNSHIP NEW HANOVER COUNTY \ � \ NORTIi CAROLINA \ I, MICHAEL N. UNDERWOOD, CERTIFY TAHT THIS F PAUL CRAIG MAKI and ` ` ` / / DRAWN UNDER MY SUPERVISION FROM AN ACTUAL Si \ \ MARY AGNES MAKI MADE UNDER MY SUPERVISION DESCRIPTION AS SHOT \ . ! , 1122 E \ `V THE FACE OF THIS PLAT RATIO OF PRECISION AS CO VENT, N BLVD. ` \ ♦ ` N38N �/ ��y/ BY COMPUTER IS 1/10,000 + THAT THE BOUNDARIE WILMINGTON. NC 28411 EL OLDEN \` O SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED I / MAP BOOK 14 PAGE 42 `������1,C'A +R �4i�� INFORMATION REFERENCED THAT THIS PLAT WAS PRE'. ` \ !� / `�,.. Q ♦ IN ACCORDANCE WITH "THE STANDARDS OF PRACTICE rrp'V o�•'o� ti; LAND SURVEYING IN NORTH CAROLINA" WITNESS MY ` ' ` / V / sZ� '9 :� SIGNATURE, LICENSE NUMBER AND SEAL THIS 17Tt A D RIVE, S and ASSOCIATES PA O = SEAL = DAY OF AUGUST A.D., 2020 MA DRIVE, SUITE A SURVEYED: MR APPROVED: MNU \ ^-37N \ L -2962 -ON, NC 28403 ` EL OLDEN / n••�gti'g 910 -815 -0650 DRAWN BY: TBM DATE: AUG., 20 \ / O• gyp```. G'✓ + 10- 815 -0393 , MAP BOOK 14 PAGE 42 \ pi ♦F� �cQ:`�```` MICHAEL N. UNDERWOOD / P.L.S. nua0bizec.n.com Firm License �C -0615 CHECKED BY: MNU SCALE: 1 " =30' ` - � � '���� il+iN``�� LICENSE NUMBER L -2962 eddy 2019 \Final Surveys \7038 Market Street \dwg \7038 Master.dwg Board of Commissioners - January 19, 2021 ITEM: 22- 7 - 20 PROPOSED SITE PLAN Board of Commissioners - January 19, 2021 ITEM: 22- 8 - 1 cis C31 f Q lfi oar Doe, Park Drfi O� hp C N SIte QS day W E n / S Vicinity Map (No Scale) / / 1 , / Utility Notes: I . Existing water and sanitary sewer services are currently available to the site from Cape Fear Public Utility Authority public mains. l ^Q\� ,' / `\ ,' `\ 2. All utility services, such as electric power, CATV, �/ / \�" J / / ,' / `\ \ ✓/� ,' ` gas � telephone shall be installed underground. 3. All water * sewer utilities to be installed per Ale / / / ' / \\ \\ ,' /' CFPUA Technical Specifications t- standards. / / \ 4. Protect shall comply with CFPUA Cross Connection Control requirements. Water meter(s) cannot be released until all requirements are met and N.C.D.E.N.R. has issued their "Final Approval. ". Call 343-39 1 0 for information. LI ve Oak 5. Any backflow prevention devices required by the CFPUA Center , will need to be on the list of approved devices by U5CPCCCHP. or A55E. Existing / LF G. The contractor is responsible for the location \ J ` i and protection or existing utilities during Non - conforming Mana construction. Call U- LOCOat 1- 800 -G32 -4949. gement, LLC �v ,' Contractor is responsible for the repair and replacement v'i, D.B. G 113 -2776 �� i w, of any utilities, curb * gutter, pavement, etc. that may be- be damaged during construction. Damaged items shall be A5 Zoning: 5-2 repaired to at least the quality or workmanship found in Land Use: the original item. Y\j / / / '� Commercial Center / 7. 5olid waste disposal will be by individual residence cart I pickup by a private contractor / hauler. / ;�j / / // / •� \ \ \ qA � Existing I Home I Pennington Family Tree Preservation Notes: Trust I I I . Tree Preservation / Removal Permit is required prior D.B. 4039 -7G8 to clearing * land disturbance. / w J / / e °` °r �� s � L J 2. Prior to any clearing, grading or construction activity, tree Zoning: R -1 5 protection fencing will be installed around protected trees or Land Use: groves of trees and no construction workers, tools, materials, Residential or vehicles are permitted within the tree protection fencing. 3. Protective fencing is to be maintained throughout the duration \F of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. i / \ o� 4. Protective fencing will be labeled with signs to be placed every S 0, 000 5. f/ �i \ a: E fifty (50) linear feet, or at least two (2) signs per area, in Q / \ both English Spanish - "Tree Protection Area / Do Not Enter. 0 ut660r :C cF6or.. \ a / / \ twilniture lllspla.a 'k N` / Mark \ `Area , y / Showroom � \ 4s / \ Anna Taylor \\ / 6,000 5. f/. / SRF° D.B. 6073 -2774 <1 \ Existing \ \\ / I V 1 156 Retp I l /, \ Home \� / or Per5o al �6 o�F AO Zoning: R -15 \ Land Use: ^\ i5erVICC'S Residential AA (G5' x 245'/ \ �> Max. 25' Hgt.) \ < / / 36 Existing ` � / Home Ricardo New Charmaine Martelle \ \\ Existing Horne / Car Wa 5 h D.B. G 150 -25 12 / \ Under Con5tructlon \ T / ' ' / / I \ I Zoning: K -15 Land Use: \ ` / Dempster I Residential \ /� SOS / Enclosure YO �S _ IN / r oaf ( 131 <' \ �70 n/f \ \\ Ewsting \ \ \ \ Home \ ( 5,000 5.f. \ °'� Gregory 4/ I \ Nf ' Ou%door Renee Ditz Sherlene Rene 131 - / �-�, cJ icer Furniture _ / D.B. G31 1 -580 <\ r D.B. 749 -198 Warehouse Zoning: // \\ ��S Zoning: K -15 Land Use: (G5' x 77/ \ Residential Zoning: R- 15 \ � Max. 25' Hgt.) Land Use. \ 1 \ \ Residential J 5tormwater Management 0 / Sherwood Lourdes Grossman D.B. 5901-1993 �_..Zoning: R- 15 \ / / AA Land Use: , ^\ Residential C ' / Existing \ / Home Frances Pittman `\ D.B. 988 -57 \ \. Zoning: R- 15 \ Land Use: ,'\\ \ Residential \>/ \ / \ i Existing Home Site Inventory Notes: I . 5oil5 Type: Kr (Kureb sand) 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. A visual inventory was made of the existing trees. There were no "significant" or "specimen" Live Oaks, nor other "significant" hardwood trees identified within the proposed development area. An actual field survey of all regulated * significant trees will be made before detailed design * permitting. 7. There is no evidence of Jurisdictional wetlands on the site. 8. There is no evidence of endangered species or habitat issues on the site. 9. This parcel is not within any Special Flood hazard Area (5FHA) as evidenced on FIRM Panel 37203 1 5900J. 10. The site drainage flows into the Howe Creek drainage basin. __ N ..0 A R off''''. P.O. Box 7221 ��p�•• l�S•• �•• " -'� Wilvnivtgtovt, NC 28406 O �\ 9 Tel. 910 -620 -2374 DestgP. So lu troves ,,, ;;;,,,��� Project No.: 20 -34 Scale: 1 " =30' Date: 10/08/20 Kevisons: 10/22/20 for Prelim Review Comments Developer: Paul * Mary Maki G821 Market Street Wilmington, NC 28405 Development Data: Lot Area - 9G,G34 s.f.i- Total Bldg. Area: 2 1,000 s.f. GFA Bldg. Hgts.: I -Story / max. 25' Parking - 1 6,000 s.f. Retail = 40 (Min. req'd. @ I 5p /400 s.f. GFA) 5,000 s.f. Warehouse = 2 (2 - Employees on Daily shift / 0 - Managerial Personnel in Warehouse / 0 - Vehicles used in condurct of business) ** 45 spaces prov'd. ** Impervious Surfaces - Rooftop - 2 1 ,71 0 s.f.± Pavement - 1 8,480 s.f.± Walks - 2,894 s.f.± Total - 43,084 s.f.± (44.G %) Conditional Zoning District Site Plan Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. General Notes: I . New Hanover County Parcel Nos.: PIN - 3 1 591 9.60.0880 PIE) - R04400- 005 -01 G -000 PIN - 3 1 591 9.60.0724 PID - R04400- 005 -017 -000 2. Tract Area: 2.22 ac.± 3. Zoning District: Existing - R -1 5 Proposed - (CZD) CB 4. Comprehensive Plan Classification: Urban Mixed -Use W A 5 Graphic Scale 30 20 10 0 15 30 60 Property Address: 7036 �- 7038 Market Street o once t5 Harnett Township / New Hanover County / North Carolina E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner CONTACT(S): Gideon Smith; Brad Schuler, Senior Planner; and Rebekah Roth, Planning and Land Use Interim Director SUBJECT: Public Hearing Rezoning Request (Z20 -22) — Request by Coastal Land Design, PLLC on Behalf of Property Owner, Preservation Point Partners, LLC to Rezone Approximately 71.36 Acres of Land Located in the 1500 Block of Castle Hayne Road from 1 -2, Heavy Industrial District, to R -15, Residential District BRIEF SUMMARY: The applicant is proposing to rezone the subject property, approximately 71.36 acres, south of the Preservation Point Subdivision from 1 -2 to R -15 in order to include it within the subdivision, as residential uses are not permitted in the 1 -2 district. According to the applicant, the existing lots adjacent to the subject property will be extended to the creeks and canals that connect to Smith Creek, and no additional lots will be added to the subdivision if this rezoning is approved. The subject property contains both swamp forest and brackish marsh. Due to these environmental features, additional restrictions have been placed on development, including a conservation easement that encompasses the entire property. The purpose of the conservation easement is to maintain wetland and /or riparian resources and other natural values within the area and to prevent the use or development of the area. In addition, the County's performance residential standards do not allow marshlands to be included within the net area of subdivisions when determining the maximum units allowed for the development. The area that could be used for net area would be determined if a modification of the existing subdivision plat were proposed. However, it would be unlikely to result in a significant change to the existing subdivision as 123 lots have been platted and roadway infrastructure has been installed. The applicant excluded approximately 5 acres of the 1 -2 zoning designation on the subject property from this request in order to limit potential impacts and additional regulations on the adjacent remaining industrial land, as under current county zoning regulations, industrial uses next to residential land are subject to additional structure setbacks. The areas where the proposed residential zoning abuts industrial land generally consist of environmental constraints similar to the subject site, making any potential industrial development more likely to be closer to Castle Hayne Road and to exceed any required setback from the new R -15 district. As no additional lots are being created or added to the subdivision, the estimated number of peak hour trips anticipated with the proposed request is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). In addition, the request is not expected to generate any additional trips outside of those generated by the Preservation Point residents and guests. As a result of the conservation easement placed on the subject property, the area is required to be maintained in its Board of Commissioners - January 19, 2021 ITEM: 23 natural, scenic, and open condition. Due to the easement restrictions, this expansion of land area within the Preservation Point Subdivision will have no impact on traffic or the school system as no additional lots will be created nor will development take place in the area. I n addition, the proposed zoning boundary was designed to limit potential negative impacts on the use of adjacent properties. The 2016 Comprehensive Plan classifies the site as Conservation. The proposed R -15 rezoning, in conjunction with the conservation easement on file for the subject property, is generally CONSISTENT with the goals of the 2016 Comprehensive Plan because it is a more appropriate designation than the existing 1 -2, Heavy Industrial zoning, would not allow additional residential units to be built in this area, and would protect the site's natural environment, water quality, and wildlife habitats. The Planning Board considered this application at the December 3, 2020 meeting. No one from the public spoke in opposition to, or in favor of, the proposal. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the request removes an industrial zoning designation from land that is environmentally sensitive and offers increased protection to the adjacent residential property and wetlands. In addition, the boundary of the proposed rezoning was designed to limit additional regulations on the adjacent remaining industrial property. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an R -15 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the request removes an industrial zoning designation from land that is environmentally sensitive and offers increased protection to the adjacent residential property and wetlands. In addition, the boundary of the proposed rezoning was designed to limit additional regulations on the adjacent remaining industrial property. Example Motion for Denial I move to DENY the proposed rezoning to an R -15 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent properties. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. Board of Commissioners - January 19, 2021 ITEM: 23 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 23 SCRIPT for Zoning Map Amendment Application (Z20 -22) Request by Coastal Land Design, PLLC on behalf of property owner, Preservation Point Partners, LLC to rezone approximately 71.36 acres of land located in the 1500 block of Castle Hayne Road from I- 2, Heavy Industrial District, to R -15, Residential District. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to an R -15 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the request removes an industrial zoning designation from land that is environmentally sensitive and offers increased protection to the adjacent residential property and wetlands. In addition, the boundary of the proposed rezoning was designed to limit additional regulations on the adjacent remaining industrial property. Example Motion of Denial I move to DENY the proposed rezoning to an R -15 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent properties. Board of Commissioners - January 19, 2021 ITEM: 23- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to an R -15 district. I find it to be [Consistent /inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF SUMMARY OF Z20 -22 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -22 Request: Rezoning to an R -15 district Applicant: Property Owner(s): Frank Braxton of Coastal Land Design Preservation Point Partners, LLC Location: Acreage: 1500 -1600 block of Castle Hayne Road 71.36 PID(s): Comp Plan Place Type: Portions of R04100- 001 - 150 -000, 1 -2, R04100 -001 - 002 -000, & R04100 -001 - Conservation 003 -000 Existing Land Use: Proposed Land Use: The property would be allowed to be developed in Undeveloped accordance with the R -15 district. However, it is Boating Facility, Smith Creek, NE Cape Fear River, subject to an existing conservation easement that prohibits development within the property. Current Zoning: Proposed Zoning: 1 -2, Heavy Industrial R -15, Residential SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Future Preservation Point R -15, (CUD) R -15 Subdivision & Community Boating Facility), Utility Lines East Vehicle Service Station, Electric Substation 1 -2 Telecommunication Tower, Undeveloped, Vehicle 1 -2, South Service Station, Contractor Office, Building and IND (City of Wilmington) Construction Supplies Retail Sales, Commercial Services Future Preservation Point Subdivision & Community R -15, (CUD) R -15, West Boating Facility, Smith Creek, NE Cape Fear River, IND (City of Wilmington) Undeveloped Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 1 Page 1 of 13 ZONING HISTORY July 1, 1972 Initially zoned 1 -2 (Area 9A) COMMUNITY SERVICES Water /Sewer Water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation resource maps indicate that the subject property contains both swamp forest and brackish marsh, which are subject to the conservation resources standards. Although the residential lots will extend into these Conservation conservation resources, this entire area was recorded as a Conservation Easement (MB 68 /PGs 388 -389) and is subject to conservation covenants, conditions, and restrictions (DB 6375 /PGs 2757 -2764) that limit development on the subject property. Historic The marsh areas of the property were once used for rice production. Archaeological No known archaeological resources Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 2 Page 2 of 13 HISTORY OF PRESERVATION POINT • In 2017, a preliminary plan for a performance residential development consisting of 98 lots (Preservation Point — formerly River Breeze) was approved for multiple parcels directly to the north of the subject site. Later that same year, the area to the northwest of the subject site was rezoned to a Conditional Use R -15 district and a Special Use Permit was issued for a community boating facility located in the Northeast Cape Fear River consisting of 98 boat slips (Z17 -09). • Following the approval of the community boating facility, the area to the northeast of the subject site was rezoned from 1 -2 to R -15 and B -2 in 2019 to expand the development, establish an additional access point, and provide commercial uses to the Preservation Point residents and surrounding community. Below. Subject Site and the Adjacent Subdivision. ZONING CONSIDERATIONS • The applicant is proposing to rezone the subject property, approximately 71 .36 acres, south of the Preservation Point Subdivision from 1 -2 to R -15 in order to include it within the subdivision, as residential uses are not permitted in the 1 -2 district. According to the applicant, the existing lots adjacent to the subject property will be extended to the creeks and canals that connect to Smith Creek, and no additional lots will be added to the subdivision if this rezoning is approved. • The conservation resource map indicates that the subject property contains both swamp forest and brackish marsh. Due to these environmental features, additional restrictions have been placed on development, including a conservation easement that encompasses the entire property. • According to the Conservation Declaration, the purpose of the conservation easement ( "area ") is to maintain wetland and /or riparian resources and other natural values within the area and to prevent the use or development of the area. The Conservation Declaration does, however, exempt the construction and related use to the boardwalk, kayak /canoe launches, and boat slip accesses that are associated with the community boating facility and amenity island for the subdivision. The conservation easement does not restrict the public from accessing navigable waters of the United States or any surface waters within the area. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 3 Page 3 of 13 • In addition, the County's performance residential standards do not allow marshlands to be included within the net area of subdivisions when determining the maximum units allowed for the development. The area that could be used for net area would be determined if a modification of the existing subdivision plat were proposed. However, it would be unlikely to result in a significant change to the existing subdivision as 123 lots have been platted and roadway infrastructure has been installed. • The applicant excluded approximately 5 acres of the 1 -2 zoning designation on the subject property from this request in order to limit potential impacts and additional regulations on the adjacent remaining industrial land, as under current county zoning regulations, industrial uses next to residential land are subject to additional structure setbacks. • The areas where the proposed residential zoning abuts industrial land generally consist of environmental constraints similar to the subject site, making any potential industrial development more likely to be closer to Castle Hayne Road and to exceed any required setback from the new R -15 district. Below: Approximate Location of Conservation Easement and Remaining 1 -2 Zoning Z20 -22 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 4 Page 4 of 13 Snn Saud Amenity Island Preservation Point Subdivision ;d °o l s {� L LI w V� 1 54 � I Q I Approximate Conservation y Approximate Easement Boundary Remaining 1 -2 Zoning Boundary Z20 -22 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 4 Page 4 of 13 AREA SUBDIVISIONS UNDER DEVELOPMENT TRANSPORTATION Access is provided to the subject property via the Preservation Point Subdivision that connects to Castle Hayne Road (NC 133). In addition, there is a point of egress using Brentwood Drive (SR 1 31 3) which connects to Castle Hayne Road approximately 900 feet to the north of the entrance to the subdivision. Z20 -22 Staff Report BOC 1. 19.2021 Page 5 of 13 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 5 • As no additional lots are being created or added to the subdivision, the estimated number of peak hour trips anticipated with the proposed request is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). In addition, the request is not expected to generate any additional trips outside of those generated by the Preservation Point residents and guests. • Because a TIA is not required to analyze transportation impacts, Staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Castle Hayne Road 1600 Block (south of 13,000 16,700 0.78 Brentwood Drive) • A Traffic Impact Analysis (TIA) for the Preservation Point Subdivision was approved by NCDOT and the WMPO in August 2019. Per the approved TIA, Phase 1 will consist of 123 single - family detached residential dwellings (including the existing 98 lots approved in 2017) and 27 multi - family attached residential dwellings. The full build out of the site (2023) will consist of the above mentioned residential dwellings, a 5,000 square foot day care center, a 3,000 square foot high- turnover sit -down restaurant, a 2,000 square foot coffee /donut shop with drive -thru uses, and a small office building for 20 employees. These nonresidential uses will be located in the commercial zoned land at the front of the subdivision adjacent to Castle Hayne Road. • The TIA required the developer to install roadway improvements including a driveway at the entrance of the subdivision with one lane for ingress and left- and right -turn lanes for egress. The developer is currently in the process of constructing these improvements, which must be installed prior to the development being completed. Prior to the commercial uses being developed, a right -turn lane at the intersection of Castle Hayne Road and Division Drive will be required. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 6 Page 6 of 13 Nearbv Planned Transportation Improvements and Traffic Impact Analvses ITraffic Impact Analvsesl Approved Under Review Under Draft a■ Preservation Point TIA Approved ■� STIP Project 0 0.25 0.5 Hanover Lakes TIA Approved Z20 -22 STIP Project U -5863 � o City of Wilmington STIP Project U -5954 �,Q 1 Mile Radius Nearby NC STIP Projects: • STIP Project U -5863 o Project to widen Castle Hayne Road from 1 -140 to Division Drive. O Right -of -Way acquisition for the project is scheduled for 2025, with potential construction to begin as early as 2030. • STIP Project U -5954 o Project to construct a roundabout at the intersection of Castle Hayne Road and 23rd Street. O Right -of -Way acquisition for the project is scheduled for 2025, with construction to begin in 2027. Z20 -22 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 7 Page 7 of 13 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status Phase 1 • Approved August 13, 2015 2. Hanover Lakes • 123 single - family dwellings • 2018 Build Out Year (per • 27 multi - family dwellings NCDOT, an update to the TIA Full Build The TIA required improvements be completed at certain intersections in the area. The notable • 123 single - family dwellings • Approved August 21, 2019 1. Preservation Point • 27 multi - family dwellings • Phase 1 — 2022 Build Out (Subject Site) • 5,000 sf of day care Year • 3,000 sf of high- turnover sit- . 2023 Full Build Out Year down restaurant • 2,000 sf of coffee /donut shop with drive -thru • Small office building with 20 employees The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Phase 1: Construct a driveway at the entrance of the subject site and Castle Hayne Road that has one ingress and two egress lanes, with one continuous eastbound left turn lane, and construct a right turn lane to exit the site. Install a stop control at the entrance of the subject site and Castle Hayne Road. • Full Build: Construct a right turn lane at the intersection of Castle Hayne Road and Division Drive. Nearby Proposed Developments included within the TIA: • None Development Status: The developer is currently in the process of constructing the Phase 1 required roadway improvements. A total of 123 lots have been platted, and site work is currently underway. Proposed Development I Land Use /Intensity TIA Status • Approved August 13, 2015 2. Hanover Lakes • 231 single - family • 2018 Build Out Year (per dwellings NCDOT, an update to the TIA is not required). The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound left turn lane, southbound left turn lane, and southbound right turn lane on Castle Hayne Road at the subdivision's entrance. Nearby Proposed Developments included within the TIA: • None Development Status: The subdivision is under construction with 188 lots platted. The required roadway improvements have been installed. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 8 Page 8 of 13 ENVIRONMENTAL • The entire subject property is located within a Special Flood Hazard Area, specifically the AE flood zone (100 -year floodplain). • The property contains regulated wetlands which will be preserved in conservation space. The vast majority of the subject property contains brackish marsh, which is subject to the standards of the conservation resources. • The property is located within the Northeast Cape Fear River Floodplain, a Natural Heritage Area. This Natural Heritage Area is classified as exceptional, meaning it may contain at minimum 10 rare plant and animal species. • The property is within the Smith Creek (C; Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class IV (unsuitable). However, Preservation Point will be served by public water and sewer. OTHER CONSIDERATIONS CONTEXT AND COMPATABILITY • The property is located along "Old" Castle Hayne Road, a local road that has direct access to Castle Hayne Road, which is identified as Minor Arterial road on the WMPO Functional Classification Map. • The subject property has been placed into a conservation easement to preserve the wetlands and riparian resources and to prohibit development within its boundaries. In addition, the area is required to be maintained in its natural, scenic, and open condition further aligning the site with the Comprehensive Plans goal for the Conservation place type. Please refer to the 2016 Comprehensive Plan section included in this report. • Due to the environmental features that exist on the site, additional restrictions apply that place protections for the site's natural environment, water quality, and wildlife habitats and prohibit any development of the site. • This rezoning request is not expected to increase the number of trips generated along the adjacent roadways because no additional lots are proposed to be created. • Approximately 71 acres of 1 -2, Heavy Industrial zoned land is being removed from New Hanover County's zoning districts, eliminating the potential for heavy industrial uses in this area. • The proposed zoning boundary was designed to limit potential negative impacts on the use of adjacent properties. • This expansion of land area within the Preservation Point Subdivision will have no impact on the school system as no additional lots will be created nor will development take place in the area per the conservation easement restrictions. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 9 Page 9 of 13 "5 Driveway to Preservation Point Adjacent Castle Hayne Road Entrance to Preservation Point (Castle Hayne Road to Rear) Preservation Point Avenue Looking Southwest to Subject Site Riverview Terrace Looking South to Subject Site Preservation Point Amenity Center on Egret Crossing Way Z20 -22 Staff Report BOC 1. 19.2021 Page 10 of 13 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 10 Boardwalk Connecting Preservation Point to San Souci Amenity Island 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Conservation Covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public Place Type through environmental education, low- impact recreation, and in their natural Description beauty. In areas where zoning allows other uses, such as single family residential, increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 11 Page 11 of 13 PLANNING BOARD ACTION The Planning Board considered this application at the December 3, 2020 meeting. No one from the public spoke in opposition to, or in favor of, the proposal. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the request removes an industrial zoning designation from land that is environmentally sensitive and offers increased protection to the adjacent residential property and wetlands. In addition, the boundary of the proposed rezoning was designed to limit additional regulations on the adjacent remaining industrial property. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 12 Page 12 of 13 The intent of the Conservation place type is to highlight areas where development and land uses may need to be limited in order to protect natural resources. The majority of the area included in the rezoning request is identified as a Potential Significant Natural Heritage Area in the Comprehensive Plan. These areas are designated by the North Carolina Natural Heritage Program (NCNHP) based on features such as the presence of rare species, exemplary natural communities, or important animal Analysis assemblages, such as the exceptional coastal wetlands on the subject site. Many of the types of industrial uses allowed in the 1 -2, Heavy Industrial district are not in line with the Comprehensive Plan's intent to protect the resources on the subject site. While an R -15 zoning designation could generally allow the type of increased density discouraged by the plan, the conservation easement associated with the site would not allow additional residential units to be built in this area and would protect the site's natural environment, water quality, and wildlife habitats. The proposed R -15 rezoning, in conjunction with the conservation easement on file for the subject property, is generally CONSISTENT with the goals of Consistency the 2016 Comprehensive Plan because it is a more appropriate designation Recommendation than the existing 1 -2, Heavy Industrial zoning, would not allow additional residential units to be built in this area, and would protect the site's natural environment, water quality, and wildlife habitats. PLANNING BOARD ACTION The Planning Board considered this application at the December 3, 2020 meeting. No one from the public spoke in opposition to, or in favor of, the proposal. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the request removes an industrial zoning designation from land that is environmentally sensitive and offers increased protection to the adjacent residential property and wetlands. In addition, the boundary of the proposed rezoning was designed to limit additional regulations on the adjacent remaining industrial property. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 12 Page 12 of 13 STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an R -15 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the request removes an industrial zoning designation from land that is environmentally sensitive and offers increased protection to the adjacent residential property and wetlands. In addition, the boundary of the proposed rezoning was designed to limit additional regulations on the adjacent remaining industrial property. Alternative Motion for Denial I move to DENY the proposed rezoning to an R -15 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is a more appropriate designation than the existing 1 -2 zoning and, with the conservation easement on record for the property, additional protections are provided for the site's natural environment, water quality, and wildlife habitats which restrict development on the subject site, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the surrounding community and the use will adversely impact the adjacent properties. Z20 -22 Staff Report BOC 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 23- 2 - 13 Page 13 of 13 nll� Case: Z20 -22 �r Site Address: 1500 block Castle Hayne Rd Existing Zoning/Use: oning /Use: 1 -2/ Undeveloped General �� Residential ,R /� J Conservation �eCOn 1,000 Feet s ` /mod Hers - Janua 19, 2021 m ''X Proposed Zoning R -15 N Community Qj v "r �k Employment Center 17 1. a O� Qa � r' Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Z20 -22 1500 block Castle Hayne Rd 1,000 Feet Existing Zoning/Use: 1 -2/ Undeveloped 1637 M6 *� _ 1629 0* 11633 s 1644-121-120 G 1621/ � 1632 117; • 1752 1621 461..•16628 16636 113 *0�` � •1748 1613 �� 017 1637 1744 � • 1621 / 207 1551] 1609? x,624 1713 /208 •`1044 6� 1547 • 1620 1628 ��.'1'71 1720 216 � • 1548 150 1046, 1` 1543 2 *1024 �Lo 1535 •I<1540�1'633 �1645 104 220 + 2 1030161012 ©qC • �1532•,1632 ^1644 1708 •� 1006 1527••1531 1625 • *.1 1652 224 1017 1002 1519a 1523 16161628 228 23: �007�309, 313-\,325 1515 c* 1 08 1620 • 2 2 • 44 321 329 34 1507 • 1 1612 240 304 '4 324. 3 •1503 3121P 320 ��34 1504 328 332y340� 336 � 14 X\ ,&1407•/ 1407 141 1413 _ Subject Site 1207 ❑ Nft*MIgArgnf e@gs;�at 1 21 ITEM. 2� 5 - 1 505 0 1601 1541 • % Proposed Zoning R -15 it N /I D;R;15,;�' R_15 Site CITY Marti rt er Jr I'2 i APPLICANT MATERIALS Board of Commissioners - January 19, 2021 ITEM: 23- 6 - 1 NEW HANOVER COUNTY~ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 �t 1Eke,Wilmington, North Carolina 28403 = 1 Telephone (91 0) 798-7165 FAX (910) 798 -7053 planningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online COAST portal. The main procedural Steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. Public Hearing Procedures a' 6 Post-Decision App ` ,, Hearing & j r *. Acceptance Wificallo. Recom- mendation - -- �- 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) Frank Braxton Scott Rye Company Company /Owner Name 2 COASTAL LAND DESIGN Preservation Point Partners, LLC Address Address P.O. Box 1172 9827 Cogdill Road Ste 1 City, State, Zip City, State, Zip Wilmington, NC 28402 Knoxville, TN 37932 Phone Phone f910- 254 -9333 865- 777 -1170 Email Email fbraxton @cldeng.com scott@llcinvest.com 2. Subject Property Information Address /Location Parcel Identification Number(s) 1500 -1600 Block of Castle Hayne Rd R04100- 001 - 002 -000 & R04100- 001 - 150 -000 Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use 71.36 1 -2 (unused) District(s) R -15 Classification CONSV. Applicant Tracking Information (This section completed by staff) Case Number. 111 te /Time Received. Received by: Zzo -2� ou1o� tP^ e ,oS Page 1 of 4 Board of Commissioners - ZJa`&09§, p m Y ment Application — Updated 02 -2020 ITEM: 23- 7 - 1 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? SEE ATTACHMENT 2. How would the requested zoning change be consistent with the property's classification on the 20 i 6 Comprehensive Plan's Future Land Use Map? SEE ATTACHMENT 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? SEE ATTACHMENT p �,,,,� Page 2 of 4 Board of Commissioners - ZJga'Abg 0j 9�,1 Zb- rnent Application — Updated 02 -2020 ITEM: 23- 7 - 2 4. How will this zoning change serve the SEE ATTACHMENT Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial Staff initial ❑ This application form, completed and signed FB �,14 S ❑ Application fee: • $500 for 5 acres or less / F C • $600 for more than 5 acres (�!� J ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning F 1 1tl �pNAjl C'j t S ❑ One (1) hard copy of ALL documents F ❑ Acknowledgment and Signatures Form (if applicable) F j w5 ❑ One (1) digital PDF copy of ALL documents AND plans F 4j S AmP�,�1 Page 3 of 4 Board of Commissioners - Nn1U9r 9 §, nni ment Application — Updated 02 -2020 ITEM: 23- 7 - 3 T Ackncmd,,d�-?enoF-n,, Sri Sigjjafurc�,� by vy Ac"Ame b .-" I "nKaMqj C=" ON of 61 khaca" nos cbrompm of hW 7WNg JQP L�WMX,t YNW i ( n Q rj1':jC1, I UrLj('h' rst w.-' zhu, j he i I! QPW MQY At q pr: ""MS A tr �w so no, th I, I: p an a 44 "rit: C; ;I -ji- l�;prillil t, • upplicil 1, 1 I:. - i - 1) , - U pI t' It (fll WYNY wppk•n r i 2 H di. . . . ...... .. Signature of PropL4Y Owner(sj PHW Nu on) '-RANK BRAXTA! ON Name Not,---. This form must b� signed 1,)Y 'hl:- cwneq3l of mccircL If Nem cm =Hpl prop-r;y Gwner a v,�qu rcd f, r �-,,,och own;�r of r,,c,rrd. If oil applicant iequpsts delay of considers :an tam No Pbmkg Swid ur BOMA Of COLWY CwWW"Ama Wom notke k- been zent to W, n,, gp0L4r, the imni will ;,t adadar4d for qo ncxt mvubg crud v-) f W."If b: If of0cy i5 r.:yv o4c] OR r W& im: b not lo W 8-n: 00 ad an the R WN ul the schs'duA-1 ;,i-Jing ur)J ar, ulu',,, Jlo cunown to gwint r1l•-, CoiWnLJ-Rlrr:. If To cosh wive 0 granted, a Ila is occordianc, ,lh'i h0r C" PubI;'3"-.od on lvw' 0 Homw - CMMY i'lonniiig w !_i�;,'<., v. ii' ty;-4 r�q,,& :J. Board of Commissionerg - January 1 % 2,021 ITEM: 23- 7 - 4 REZONING REQUEST FROM I -2 TO R -15 PARCEL ID #R04100- 001 - 002 -000 & R04100- 001 - 150 -000 1. HOW WOULD THE REQUESTED CHANGE BE CONSISTENT WITH THE COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT? The rezoning request, from I -2 to R -15, is for 71.36 acres of industrial -use property associated with the Performance Residential Subdivision, Preservation Point. The subject property, in conjunction with the roughly 110 acres of wetlands around the proposed Sans Souci Island, has recently been placed in a permanent conservation easement in order to preserve the natural condition of the sensitive ecosystem of riparian wetlands. Doing so would be consistent with the county's policies for growth and development by protecting an area identified for conservation. The county has focused on conservation throughout the Smith Creek watershed and this would represent a substantial gain of conservation land. Additionally, the change in Zoning from I -2 to R -15 will not impact the adjacent properties. 2. HOW WOULD THE REQUESTED ZONE CHANGE BE CONSISTENT WITH THE PROPERTY'S CLASSIFICATION ON THE LAND CLASSIFICATION MAP? The tract has been identified as a "CONSERVATION" area on the Future Land Use Map for New Hanover County. This is a remnant I -2 parcel acquired during the purchase of the land which has been previously re -zoned as R -15 for Preservation Point. Re- zoning to R -15 and placing the land in permanent conservation will fall directly in line with the Counties' classification for this area. 3. WHAT SIGNIFICANT NEIGHBORHOOD CHANGES HAVE OCCURRED TO MAKE THE ORIGINAL ZONING INAPPROPRIATE, OR HOW IS THE LAND INVOLVED UNSUITABLE FOR THE USES PERMITTED UNDER THE EXISTING ZONING? The subject tract of land is a remnant I -2 parcel included with the purchase of land for Preservation Point, a Performance Residential subdivision. Currently zoned R -15 parcels associated with the subdivision abut the Industrial Zoned land. It is the desire of the petitioner to extend the adjacent parcel lot lines to include the subject property. This will eliminate split zoned parcels and allow individual lot owners control of their visual corridors. Re- zoning to R -15 will create a more consistent land use pattern for the subdivision, while protecting valuable ecological assets. 4. HOW WILL THIS CHANGE OF ZONING SERVE THE PUBLIC INTEREST? The change in zoning and subsequent permanent conservation of the subject property will ensure the preservation of a delicate and valuable ecosystem. The wetlands provide a myriad of ecosystem services to our area including, but not limited to, flood attenuation, filtering of stormwaters, and habitat for many plants and animals. Eliminating all possible industrial use here will ensure the protection of the natural beauty of the riparian landscape that is emblematic of New Hanover County. Board of Commissioners - January 19, 2021 ITEM: 23- 7 - 5 CL M U m En N O ` O L t0 U a rn is D 2 m Of U) O O N O N a of N °6 ❑ O a In ❑ ❑ N N N ❑ 11 U U W LL 0 m m O of ❑ ❑ ❑ ❑ N N N N U U U U as .d O N O N > > > N U U U U N C6 m m _ U U U U U Q N H ❑ 00 0] U U Q I O L y N O _J N O U O Q Q N C N j C O -- N C E Z T O O N J � U Z U m = � Z 2 Ez 3 Z O O I O N O C7 2 U Z O O � O O U 4' 2 3 Z En N O ` O L t0 U a rn is D 2 m Of U) O O N O N a of N °6 ❑ O a In ❑ ❑ N N N ❑ 11 U U W LL 0 m m O of ❑ ❑ ❑ ❑ N N N N U U U U as .d O N O N > > > N U U U U N C6 m m _ U U U U U Q N H ❑ 00 0] U U Q I O L y N O _J N O U O Q Q N C N j C O -- N Smith, Gideon From: Frank Braxton <FBraxton @cldeng.com> Sent: Tuesday, November 24, 2020 12:52 PM To: Smith, Gideon Subject: Preservation Point Rezoning Hi Gideon, Yes, our request includes the 22.61 ac Parcel R04100- 001 -003. Thanks, Frank Braxton, PLA � �JJ C -1 1 Coastal Land Design, PLLC PO Box 1172 Wilmington, NC 28402 Telephone: 910.254.9333 ext. 1003 Cell: 910 - 520 -3347 www.CoastalLandDesign.net ** Due to the recommended COVID -19 precautions, our office will be operating remotely until otherwise informed. We will continue to provide our excellent design and planning services and support to the best of our abilities during these challenging times. Our staff is available by cell phone and email during standard business hours. Stay healthy, strong, and safe, and we will all get through this together. ** 1 Board of Commissioners - January 19, 2021 ITEM: 23- 7 - 7 PRESERVATION POINT REZONING PARCEL LEGAL DESCRIPTION COMMENCING FROM NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) MONUMENT LABELED "R /W DISK 30" LOCATED IN THE WESTERN RIGHT -OF- WAY OF CASTLE HAYNE ROAD (SR -133) WITH NAD83 STATE PLANE COORDINATES OF N= 189,232.03, E= 2,322,840.70; PROCEED THENCE ALONG THE RIGHT -OF -WAY OF CASTLE HAYNE ROAD S35 °14'43 "W FOR A DISTANCE OF 149.56 FEETTO AN IRON PIN: THENCE N48 °35'49'W FOR A DISTANCE OF 594.56 FEETTO A COMPUTED POINT BEING THE PARCEL POINT OF BEGINNING (POB): PROCEED THENCE FROM POINT OF BEGINNING S31 025'56 "W FOR A DISTANCE OF 415.31 FEET TO A COMPUTED POINT; THENCE PROCEED N48 °50'17 "W FOR A DISTANCE OF 1,336.67 FEET TO A COMPUTED POINT; THENCE PROCEED S40 °20'05 "W FOR A DISTANCE OF 187.54 FEET TO AN IRON PIN; THENCE PROCEED S48 °11'13 "E FOR A DISTANCE OF 613.21 FEET TO AN IRON PIN; THENCE PROCEED S43 °11'50 "W FOR A DISTANCE OF 635.74 FEET TO AN IRON PIN; THENCE PROCEED N48 °27'40 "W FOR A DISTANCE OF 633.04 FEET TO AN IRON PIN; THENCE ALONG THE BANK OF SMITH CREEK THE FOLLOWING BEARING AND DISTANCES, N48° 27'41"W, 656.26 FEET; THENCE S09° 00'24"E, 2.28 FEET; THENCE S26' 19'51"W, 24.21 FEET; THENCE S390 34'06"W, 17.74 FEET; N88° 40'43"W, 16.45 FEET; THENCE N65o 57' 24 "W, 116.57 FEET; THENCE S85° 09'04"W, 65.16 FEET; THENCE S84° 17'00"W, 76.52 FEET; THENCE S72° 28' 14 "W, 23.03 FEET; THENCE S58° 58'41"W, 24.00 FEET; THENCE S51° 50'24"W, 20.97 FEET; THENCE S25° 41' 53 "W, 21.90 FEET; THENCE S03o 36' 30 "W, 48.65 FEET; THENCE S30° 18' 38 "E, 20.73 FEET; THENCE S54' 52' 58 "E, 32.47 FEET; THENCE S53o 23' 24 "E, 16.73 FEET; THENCE S72° 20' 41 "E, 38.40 FEET; THENCE S68o 05' 35 "E, 60.47 FEET; THENCE S020 18'45"W, 27.26 FEET; THENCE S27° 21'36"W, 33.05 FEET; THENCE S38° 06' 15 "W, 36.44 FEET; THENCE S530 47'24"W, 75.96 FEET; THENCE N48° 24'46"W, 39.06 FEET; THENCE S37° 41'00"W, 44.79 FEET; THENCE S25° 05' 10 "W, 38.80 FEET; THENCE SOO' 18' 13 "E, 43.78 FEET; THENCE S20° 33' OVE, 121.27 FEET; THENCE S210 31' 20 "E, 21.44 FEET; THENCE S01° 11' 33 "E, 20.06 FEET; THENCE S16° 20' 58 "W, 47.45 FEET; THENCE S220 36'07"W, 38.80 FEET; THENCE S11° 41'57"W, 19.25 FEET; THENCE S12° 27'58"E, 48.35 FEET; THENCE S29° 40' 47 "E, 34.28 FEET; THENCEW S74° 10' 56 "E, 63.93 FEET; THENCE S69' 33' 11 "E, 22.72 FEET; THENCE S06o 55'36"W, 15.36 FEET; THENCE S090 51'39"E, 20.57 FEET; THENCE N88° 36'09"W, 9.97 FEET; THENCE S410 48'52"W, 47.74 FEET; THENCE SOO' 00'00"E, 7.50 FEET; THENCE S81" 33'45"W, 29.43 FEET; THENCE S55° 35' 17 "W, 17.44 FEET; THENCE S33° 39'27"W, 20.06 FEET; THENCE S33° 39'27"W, 34.41 FEET; THENCE SOO' 00' OWE, 23.09 FEET; THENCE S45° 16' 16 "E, 63.97 FEET; THENCE S75° 39' 02 "W, 23.56 FEET; THENCE S86o 39'20"W, 105.89 FEET; THENCE S50° 20'53"W, 105.89 FEET; THENCE S40" 30'27"W, 42.02 FEET; THENCE S790 13'56"W, 28.72 FEET; THENCE S42° 27'42"W, 168.13 FEET; THENCE S17° 58'02"W, 58.58 FEET; THENCE S30° 34'03"W, 100.42 FEET; THENCE S30° 34'03"W, 261.27 FEET; THENCE S40' 18'21"W, 138.10 FEET; THENCE S58° 30'29"W, 34.42 FEET; THENCE N08° 07'56"E, 146.76 FEET; THENCE NOS' 05' 18 "E, 129.73 FEET; THENCE NO2° 03' 17 "W, 186.92 FEET; THENCE N24° 01'03"W, 401.06 FEET; THENCE N17' 31' 19 "W, 567.62 FEET; THENCE N20° 13'24"W, 416.85 FEET; THENCE N19° 00'51"W, 239.55 FEET; THENCE TURNING AWAY FROM SMITH CREEK PROCEED S88 037'59 "E FOR A DISTANCE OF 562.34 FEET TO A COMPUTED POINT; THENCE PROCEED S86 °49'14 "E FOR A DISTANCE OF 39.12 FEET TO A COMPUTED POINT; THENCE PROCEED N82 °31'42 "E FOR A DISTANCE OF 133.51 FEET TO A COMPUTED POINT; THENCE PROCEED N72 °25'06 "E FOR A DISTANCE OF 75.99 FEET TO A COMPUTED POINT; THENCE PROCEED N63 045'31 "E FOR A DISTANCE OF 202.18 FEET TO A COMPUTED POINT; THENCE PROCEED N57 015'54 "E FOR A DISTANCE OF 99.19 FEET TO A COMPUTED POINT; Board of Commissioners - January 19, 2021 ITEM: 23- 7 - 8 THENCE PROCEED N52 °00'58 "E FOR A DISTANCE OF 78.85 FEET TO A COMPUTED POINT; THENCE PROCEED N51 °08'50 "E FOR A DISTANCE OF 39.36 FEET TO A COMPUTED POINT; THENCE PROCEED N37 °57'52 "E FOR A DISTANCE OF 41.67 FEET TO A COMPUTED POINT; THENCE PROCEED N58 °33'23 "E FOR A DISTANCE OF 111.66 FEET TO A COMPUTED POINT; THENCE PROCEED N40 °24'09 "W FOR A DISTANCE OF 46.35 FEET TO A COMPUTED POINT; THENCE PROCEED N40 °40'37 "E FOR A DISTANCE OF 28.56 FEET TO A COMPUTED POINT; THENCE PROCEED N45 °01'24 "E FOR A DISTANCE OF 58.90 FEET TO A COMPUTED POINT; THENCE PROCEED N25 °55'46 "E FOR A DISTANCE OF 40.57 FEET TO A COMPUTED POINT; THENCE PROCEED N41 036'06 "E FOR A DISTANCE OF 30.93 FEET TO A COMPUTED POINT; THENCE PROCEED N59 °08'49 "E FOR A DISTANCE OF 45.52 FEET TO A COMPUTED POINT; THENCE PROCEED S35 °04'32 "E FOR A DISTANCE OF 11.92 FEET TO A COMPUTED POINT; THENCE PROCEED N66 °16'57 "E FOR A DISTANCE OF 30.82 FEET TO A COMPUTED POINT; THENCE PROCEED N22 °04'11 "E FOR A DISTANCE OF 43.18 FEET TO A COMPUTED POINT; THENCE PROCEED N81 °10'25 "E FOR A DISTANCE OF 30.59 FEET TO A COMPUTED POINT; THENCE PROCEED N64 °44'30 "E FOR A DISTANCE OF 40.02 FEET TO A COMPUTED POINT; THENCE PROCEED N76 008'02 "E FOR A DISTANCE OF 57.14 FEET TO A COMPUTED POINT; THENCE PROCEED S85 °20'54 "E FOR A DISTANCE OF 78.94 FEET TO A COMPUTED POINT; THENCE PROCEED S64 °42'56 "E FOR A DISTANCE OF 73.03 FEET TO A COMPUTED POINT; THENCE PROCEED S65 °03'16 "E FOR A DISTANCE OF 62.21 FEET TO A COMPUTED POINT; THENCE PROCEED S61 °14'20 "E FOR A DISTANCE OF 86.46 FEET TO A COMPUTED POINT; THENCE PROCEED N72 °28'26 "E FOR A DISTANCE OF 71.93 FEET TO A COMPUTED POINT; THENCE PROCEED N53 °02'08 "E FOR A DISTANCE OF 36.95 FEET TO A COMPUTED POINT; THENCE PROCEED S51 °46'32 "E FOR A DISTANCE OF 14.49 FEET TO A COMPUTED POINT; THENCE PROCEED N63 °20'28 "E FOR A DISTANCE OF 45.32 FEET TO A COMPUTED POINT; THENCE PROCEED N53 °56'28 "E FOR A DISTANCE OF 45.80 FEET TO A COMPUTED POINT; THENCE PROCEED N84 °56'19 "E FOR A DISTANCE OF 93.40 FEET TO A COMPUTED POINT; THENCE PROCEED N40 047'45 "E FOR A DISTANCE OF 36.02 FEET TO A COMPUTED POINT; THENCE PROCEED N56 °39'46 "E FOR A DISTANCE OF 182.42 FEET TO A COMPUTED POINT; THENCE PROCEED S64 °21'48 "E FOR A DISTANCE OF 14.42 FEET TO A COMPUTED POINT; THENCE PROCEED S48 °36'17 "E FOR A DISTANCE OF 1,411.96.51 FEET TO A COMPUTED POINT BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,107, 481 SQUARE FEET, 71.34 ACRES, AND LIES IN CAPE FEAR TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA Board of Commissioners - January 19, 2021 ITEM: 23- 7 - 9 EXHIBIT MAP Board of Commissioners - January 19, 2021 ITEM: 23- 8 - 1 c c i ♦ ♦ i r I 04 COASTAL WETLANDS DWETLANDS EXISTING R -15 ZONING EXISTING R -15 CUD ZONING 1 _ ' PROPOSED R -15 ZONING EXISTING B -2 ZONING EXISTING I -2 ZONING Board of Commissioners - January 19, 2021 ITEM: 23- 9 - 1 L r 00 HANAPER CREEK(f) PRESERVATION POINT • _ NORTH - ------- - - - - -- �, SAN SOU CI ISLAND 200' 100' 20 ' oo' • I / / N F /i .� i 2 C SCALEr 1 " /= 2�0' D,?l i o / o / EXISTING R -15 CUD EXISTING R -15 / 1,4 \ \ \ \ ' EXISTING B -2 / r / EXISTING 1 -2 I X "�/ / s / ' 1, i�- // ;/ / ;/ O ?i/ � /:� ` \ '1,✓�,N�a�%- 11 - - -- ��i`,!_/ � \ — `` - - -- // i' %' ��J� �`'� i I Ii /�' `j � %� '�/ `. /♦ `C /'i\\ \\� � % \ \'\ % / - _ / REAR SETBACK // / // - -- j i' ; %'' 'h \ f •/ / AT COD LINE )AST AL WETLAND LINE \ Awl COD LINE !. M M EXISTING ZONING: 1 -2 PROPOSED ZONING: R -15 71.36 ACRES) PARCEL #1 PIN# R4100- 001 -002 -000 A / ZONED /ir�liirr COMMERCIAL f /%il�/i�lri i• � �6�2) ii li it /rl � • i I bi4 I /' 11 1! �� \X \ \` % :: • j' � � �� /, III I II \��1 r I F U) II o I � .r i/ //9 I I il rr I / I PARCEL #2 PIN# R4100- 001 - 150 -000 i i 3i1 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P -03 69 P.O.Box 172 Phone: 913- 2544 3 3 Wilmington, NC 23402 Fax: 9D -254 -0502 www.cldeng.com Developer: Preservation Point Partners, LLC 9132'Cogdill Rd, STE 1 Knoxville, TN 3 7,B 2 PLAN PREPARATION DATE: 11220 APPROVED: JFB PROJECT: X901 Z JFB SCALE: 1' = DO' z JFB V O z z Z z O Qo N w U � Q W O W > C M C/) O O w C/) z O W d Developer: Preservation Point Partners, LLC 9132'Cogdill Rd, STE 1 Knoxville, TN 3 7,B 2 PLAN PREPARATION DATE: 11220 APPROVED: JFB PROJECT: X901 CHECKED: JFB SCALE: 1' = DO' DESIGNED: JFB RELEASE: - z Z O d U U) W W Q C) w Developer: Preservation Point Partners, LLC 9132'Cogdill Rd, STE 1 Knoxville, TN 3 7,B 2 PLAN PREPARATION DATE: 11220 APPROVED: JFB PROJECT: X901 CHECKED: JFB SCALE: 1' = DO' DESIGNED: JFB RELEASE: - SHEET RZ -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler and Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -21) — Request by Design Solutions on Behalf of Property Owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, to Rezone Approximately 3.28 Acres of Land Located at 813 and 817 Piner Road from (CUD) O &I, Conditional Use Office and Institutional District, to (CZD) CB, Conditional Community Business District, in Order to Develop a Landscape Contractor's Office BRIEF SUMMARY: The applicant is seeking to rezone 3.28 acres of land from (CUD) 0&1 to (CZD) CB in order to develop a landscape contractor's office. The existing zoning (CU D) 0&1 allows the site to be used for office and recreation (golf training center) uses. Currently, two office buildings and one dwelling unit are located on the site. The dwelling was constructed on the site prior to the property being initially zoned as a conditional 0&1 district in 1997, and was approved to be converted for use as an office and the golf training center in 2002. However, the recreation use never commenced operation and the dwelling still remains as a legal nonconformity. With the applicant's proposal, the existing office buildings will remain, and a new storage building and company truck parking area are proposed to be constructed behind the existing structures. The proposal would also allow for the existing dwelling to be used as a live /work unit for the business, which requires a Special Use Permit (SUP) in the proposed CB district. The applicant has applied for a separate SUP application for the live /work unit (520 -04) that is being processed concurrently with this rezoning application. As currently zoned, it is estimated the site would generate about 5 -10 trips during the weekday peak hours and 20 peak hour trips on Saturday (generated from the recreational use). The proposed development is estimated to generate approximately the same number of trips during the weekday peak hours. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). NCDOT has reviewed the request and provided preliminary comments indicating that a revised driveway permit will be required and that the driveway radius may need to be enlarged to accommodate the vehicles associated with the business. The site has been used for office related uses since the late 1990s. The existing office buildings will continue to be used by the business. Contractor offices generally generate fewer trips than other typical commercial uses (retail, restaurants) with many trips occurring outside of peak hours. The proposed development is estimated to generate approximately the same number of trips during the weekday peak hours as the uses currently allowed on the site. The 2016 Comprehensive Plan classifies the site as General Residential. The proposed office and live /work use is generally CONSISTENT with the plan because it is located on a site that provides some transition between the middle Board of Commissioners - January 19, 2021 ITEM: 24 school and adjacent residential properties and would allow for reuse of existing structures. The Planning Board considered this application at their November S, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (4 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a conditional CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a conditional CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 19, 2021 ITEM: 24 SCRIPT for Zoning Map Amendment Application (Z20 -21) Request by Design Solutions on behalf of property owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, to rezone approximately 3.28 acres of land located at 813 and 817 Piner Road from (CUD) O &I, Conditional Use Office and Institutional District, to (CZD) CB, Conditional Community Business District, in order to develop a landscape contractor's office. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to a conditional CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. [Optional] Note any conditions to be added to the district. Example Motion of Denial I move to DENY the proposed rezoning to a conditional CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. Board of Commissioners - January 19, 2021 ITEM: 24- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a conditional CB district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 19, 2021 ITEM: 24- 1 - 2 STAFF REPORT FOR Z20 -21 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -21 Request: Rezoning to a conditional CB district Applicant: Property Owner(s): Cindee Wolf — Design Solutions William S. Hackney, Tara S. Hackney, and Myrtle Grove Middle School Proclaim Holdings, LLC Location: Acreage: 813 & 817 Piner Road 3.28 PID(s): Comp Plan Place Type: R07600- 002 - 190 -000; R07600- 002 - 020 -000 General Residential Existing Land Use: Proposed Land Use: Office /Recreation Contractor Office, Live /Work Unit (with issuance of SUP — S20 -04) Current Zoning: Proposed Zoning: (CUD) 0&1 (CZD) CB Zoning CZD B -2 RMF -M 0&1_ Subject Site z CUDO &I J R -15 0 R -10 GRISSO� 1' J CUD B -2 -New Hanover County, NG SURROUNDING AREA LAND USE ZONING North Undeveloped, Myrtle Grove Middle R -15 East Myrtle Grove Middle School R -15 South Single Family Residential, Kaylies Cove Subdivision, Myrtle Grove Presbyterian Church R -15 West Single Family Residential, Highgrove Estates R -15 Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 1 Page 1 of 12 _ Sub "ect Site r y a AN Al - It I 'a ZONING HISTORY Water /Sewer April 7, 1971 The site was initially zoned R -15 (Area 4) March 10, 1997 Rezoned to (CUD) 0&1 with a special use permit for a real estate office March 9, 1998 (CUD) 0&1 district/SUP modified to allow for general and professional District, New Hanover County Station Myrtle Grove offices October 7, 2002 (CUD) 0&1 district/SUP modified to allow for expansion of the existing Myrtle Grove Athletic Complex structures and to permit an indoor outdoor recreation establishment. COMMUNITY SERVICES Water /Sewer water and sewer (via force main connection) available through CFPUA. Historic Existing buildings served by CFPUA water and private septic systems. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Bellamy Elementary, Myrtle Grove Middle, and Ashley High schools Recreation Myrtle Grove Athletic Complex CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z20 -21 Staff Report BOC 1. 19.2021 Page 2 of 12 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 2 CURRENT APPROVED CONCEPTUAL SITE PLAN • The subject property is currently zoned (CUD) 0&1 with a Special Use Permit allowing the site to be used for office and recreation (golf training center) uses. • Currently, two office buildings and one dwelling unit are located on the site. The dwelling was constructed on the site prior to the property being initially zoned as a conditional 0&1 district in 1997, and was approved to be converted for use as an office and the golf training center in 2002. However, the recreation use never commenced operation and the dwelling still remains as a legal nonconformity. Current Approved Conceptual Plan Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 3 Page 3 of 12 APPLICANT'S PROPOSED CONCEPTUAL PLAN Subject Site f 4. Proposed Structure x It Existing I` 1 Structure 1 1 _ ` - Myrtle -� Grove ' Existing �� -�`�� � _- Middle Structures C. - �� School Al RogcY • The applicant is proposing to use the site for a landscape contractor's business. The existing office buildings will remain, and a new storage building and company truck parking area are proposed to be constructed behind the existing structures. • The proposal would also allow for the existing dwelling to be used as a live /work unit for the business, which requires a Special Use Permit (SUP) in the proposed CB district. The applicant has applied for a separate SUP application for the live /work unit (520- 04) that is being processed concurrently with this rezoning application. • The plan does not indicate any improvements will be made in the northern portion of the site, which is approximately one acre in area and 200 feet in length. • The proposal will remove one of the two existing driveways currently accessing Piner Road. ZONING CONSIDERATIONS • In the proposed CB district, outside storage areas are prohibited and all work associated with contractor operations shall be conducted entirely within enclosed structures. • In the CB district, a minimum 25 -foot rear setback, 20 -foot interior setback, and 20 -foot opaque bufferyard are required where the development abuts existing residential properties. Maximum height may not exceed 3 stories or 45 -feet, though the existing and proposed buildings will not exceed 25 feet. • In addition to the contractor's office, other office related uses would be permitted in the existing buildings after administrative review and approval. A single- tenant office would require the same amount of parking and is estimated to generate a similar amount of trips as a contractor's office. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 4 Page 4 of 12 AREA SUBDIVISIONS UNDER DEVELOPMENT TRANSPORTATION • The site is accessed by Piner Road, an NCDOT- maintained minor arterial road. The site is approximately one half mile from both the Carolina Beach Road/S. College Road intersection and the Myrtle Grove Road intersection. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 5 Page 5 of 12 • As currently zoned, it is estimated the site would generate about 5 -10 trips during the weekday peak hours and 20 peak hour trips on Saturday (generated from the recreational use). The proposed development is estimated to generate approximately the same number of trips during the weekday peak hours. • A revised NCDOT driveway permit will be required for the proposal. NCDOT provided preliminary comments indicating that the driveway radius will need to be enlarge to accommodate the vehicles associated with the business. • Based on the operation of the business, it is estimated that many of the trips generated from office will occur outside of the peak hours. According to the applicant, the field crew employees arrive at the office at 6:30 AM then leave for the specific jobs sites. They arrive back at the office around 3:00 PM before leaving for the day. • The site is adjacent to two schools (Myrtle Grove Middle and Myrtle Grove Christian School). Drop off times range from 7:30 -8:30 AM and pick up times range from 2:30- 3:30 PM. *Per the Kaylies Cove TIA, the AM peak hour on Piner Road begins at 7:30 and the PM peak hour begins at 5:00. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 6 Page 6 of 12 Intensity Approx. Peak Hour Trips* 5 AM / 9 PM Existing Development: Office /Recreation 20 Saturday Proposed CB Development: Contractor Office /Live- 6 AM / 7 PM Work Unit *Per the Kaylies Cove TIA, the AM peak hour on Piner Road begins at 7:30 and the PM peak hour begins at 5:00. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 6 Page 6 of 12 • The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required, staff has provided the volume to capacity ratio for Piner Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Piner Road 800 Block 17,500 19,604 0.89 Nearby Planned Transportation Improvements and Traffic Impact Analyses Z20 -21 Staff Report BOC 1. 19.2021 Page 7 of 12 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 7 Nearby NC STIP Projects: • STIP Project U -5790 o Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Based on the preliminary plans, Piner Road will consist of the same lane configuration with slight realignment of the roadway and the westbound right turn lane to S. College Road. The project is currently on hold at this time. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status • 21 9Single- Family Homes • Addendum approved March 1. Tarin Woods II 26, 2020 • 458 Townhomes • 2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound leftover/U-turn on Carolina Beach Road at the Harris Teeter driveway (required to be installed during the development of Phase 2A). • Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach Road. • Includes additional point of egress to Carolina Beach Road Nearby Proposed Developments included within the TIA: • Beau Rivage Update • Beau Rivage Townhomes Development Status: The total number of units studied by the TIA was based on a proposed rezoning of the development that was denied by the Board of Commissioners in June. The development currently has approval for 189 lots, 175 of which have been platted. The current required roadway improvements (northbound leftover /U -turn on Carolina Beach Road at Harris Teeter) have not been completed at this time. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 8 Page 8 of 12 3. Trinity Landing ' 220 senior adult housing • Approved February 20, 2. Kaylies Cove • 1 10 Single - Family Homes 2018 The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of: 2019 Build Out Year (as Nearby Proposed Developments included within the TIA: • None studied in the TIA) The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a eastbound right turn lane and westbound left turn lane on Piner Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: Homes under construction. 110 lots have been platted at this time, and both turn lanes have been installed. 3. Trinity Landing ' 220 senior adult housing • Approved June 23, 2017 dwelling units and amenities • 2020 Build Out Date The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of: • Installation of a northbound right turn lane on Masonboro Loop Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: The development is currently under construction. The roadway improvement has not been installed at this time. ENVIRONMENTAL • The property is not within a Flood Hazard Area. • The property does not contain any Natural Heritage Areas. • The property is within the Mott Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations). However, CFPUA sewer is available through a force main connection. OTHER CONSIDERATIONS Context and Compatibility • The site has been used for office related uses since the late 1990s. The existing office buildings will continue to be used by the business. • Contractor offices generally generate fewer trips than other typical commercial uses (retail, restaurants) with many trips occurring outside of peak hours. The proposed development is estimated to generate approximately the same number of trips during the weekday peak hours as the uses currently allowed on the site. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 9 Page 9 of 12 Current Use of the Property i Example of Proposed Use: Freedom Lawns in Hampstead Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 10 Page 10 of 12 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Place Types Monkey Junction 4 Growth Node Subject Site URBAN !3j GENERAL _Z MIXED USE MFR +�D RESIDENTIAL/ p � � w U GR\SSQ� C7 LU New Hanover County, NC Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. Commercial uses in General Residential areas are recommended to be "strategically located" office and retail. This generally means that neighborhood -scale office and retail can be located at nodes, such as intersections where several neighborhoods have convenient Analysis access, or office and institutional uses can serve as transitions between residences and more intensive commercial areas. The subject property, while not located in an area where an office use is as likely to provide services to nearby properties, is the site of an existing, longstanding office use. The proposed lawn care business would continue the existing light office type use, which has been in existence since 1997, and would add limited vehicle traffic onto Piner Road. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 11 Page 11 of 12 PLANNING BOARD ACTION The Planning Board considered this application at their November 5, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (4 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a conditional CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a conditional CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 12 Page 12 of 12 Locating the proposed office and live /work use on the proposed site would Analysis be in keeping with the current development pattern and provides some lower intensity transition between the middle school and adjacent residential properties. The proposed office and live /work use is generally CONSISTENT with the Consistency 2016 Comprehensive Plan because it is located on a site that provides some Recommendation transition between the middle school and adjacent residential properties and would allow for reuse of existing structures. PLANNING BOARD ACTION The Planning Board considered this application at their November 5, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (4 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a conditional CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business is estimated to not increase the amount of traffic generated from the site. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a conditional CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an appropriate transition between the adjacent middle school and residential properties, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. Z20 -21 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 24- 2 - 12 Page 12 of 12 '. Case: Z20 -21 .ii Site Address: Existing Zoning/Use: Proposed Zoning 813 & 817 CUD 0&1/ CZD CB/ Piner Rd Office Office a &i�a Subject Site R -15 Feet Y v CUD D &I. Priva R -1 Zoning Districts B -1 R -5 EDZD CB R -7 PD B -2 rAR R -10 RMF -X CS R -15 RMFU 5C R -20 UMXZ o &I JtR-20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning Z20 -21 813 & 817 CUD O &I/ CZD CB/ Piner Rd Office Office ■� No. 731 wom Wi'\ IX 600 Feet Subject Site GENERAL_ RESIDENTIAL Priva Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning/Use: Z20 -21 813 & 817 CUD 0&1/ Piner Rd Office Proposed Zoning CZD CB/ Office it N R -15 R -10 •5733 5740 � • 573 / • 0 &1 712 574. • 5741 �r�/1j�1111f • 1 5748 5745. CU &I D;O Slte 5755 5755 • • 57551 5755 5752 5749!/ p�NF RRO 574+ e 5755 • \a4 5765 • Subject Site Q� I 57655765 5750 • 5760 /5716 5753 X5760 **5760 5760 I 5760 • 5757 ��c s pj 5764 Mgr. • 5761 R°dd • / c j5768 735 5765 • 805 ar a y • 817 901 • Q p �' 801 • • a 813 0 800 ay • 814 • 907 • 806 944 • 911 r - - 908 1• 919 23I i f 812 •91 2 � 5609 • 65 05 �' • 916•-20� • 5622 924 • � °a d x a� Grissom- a� 921 c • 600 ��e\`�x Feet ❑ N&JMfl3lrArgi+�Lo�- , 20 APPLICANT MATERIALS Board of Commissioners - January 19, 2021 ITEM: 24- 6 - 1 _ y .t tt r�'♦ '� f P � i� �� � rip. f � �',. AV 41W it fi e 4w { �r 10 ,!;� sr tr x, w NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (910) 798 -7053 plan ningdevelopment.n hcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the I application, are set out in Section 10.3.3 of the Unified Development Ordinance. i Public Hearing Proccadur.7. 2 3 4 5 6 7 Application Planning Public Hearing Planning Board Board of Post-Decision Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Acceptance & Staff Report Notification Recum- Hearing & Actions JRC Optional) mendalion Decision 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) CINDEE WOLF PROCLAIM HOLDINGS, L.L.C. Company Company /Owner Name 2 DESIGN SOLUTIONS 3.78 AC. Address I Address PO BOX 7221 PO BOX 15447 City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28408 Phone Phone 910- 620 -2374 910- 795 -4143 / SPENCE HACKNEY Email Email CWOLF @LOBODEMAR.BIZ j SPENCE @PROCLAIMINTERACTIVE.COM 2. Subject Property Information Address /Location Parcel Identification Number(s) 813 & 817 PINER ROAD 313415.72.1770 & 313415.72.2956 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3.78 AC. (CUD) 0&1 / REAL ESTATE OFFICE GENERAL RESIDENTIAL Applicant Tracking Information (This section completed by staff) I Case Number. Date /Time Received. Received by. Zo —zi (ON zdZV 30 P"` , �S Page 1 of 5 Board of Commissioners CJFMM E,�-D P 2c)Ni 1D !strict Application — Updated 02 -2020 ITEM: 24- 7 - 2 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) CB Total Acreage of Proposed District: 3.78 AC. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. THERE ARE TWO EXISTING BUILDINGS AT THE FRONT, TOTALLING APPROXIMATELY 1600 S.F., THAT WILL BE OCCUPIED BY OFFICE USES - TO INCLUDE PRIVATE BUSINESS, PROFESSIONAL ACTVITIES, AND CONTRACTORS (WITH PRESCRIBED CONDITIONS). A NEW 1530 S.F. STORAGE BUILDING AND PARKING AREA TO ACCOMMODATE THE BUSINESS TRUCKS, DURING OFF - HOURS, IS PROPOSED TOWARDS THE CENTER OF THE PROPERTY - OUT OF SIGHT FROM THE PUBLIC ROADWAY. AN ACCESS DRIVE WILL EXTEND FROM THE EXISTING OFFICE PARKING AREA FOR VEHICULAR TRAVEL AND EMERGENCY SERVICES. A SPECIAL USE PERMIT WILL BE INCLUDED IN THE APPROVAL PROCESS TO ALLOW THE EXISTING RESIDENCE TO BE USED AS A "LIVE /WORK OR CARETAKER UNIT," ALSO SUBJECT TO PRESCRIBED CONDITIONS. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS. ADDITIONALLY, THE PRESCRIBED CONDITIONS IN SECTION 4.3.2.F.1 OF THE UNIFIED DEVLEOPMENT ORDINACE WILL BE MET. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: SINGLE - TENANT OFFICE BUILDING / 715 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 1600 S.F GFA AM Peak Hour Trips: 4 PM Peak Hour Trips: 3 Board of Commissioners - January 19, 2021 Page 2 of 5 ITEM: 24- 7 - C3onditional Zoning District Application — Updated 02 -2020 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. THE POLICIES FOR GROWTH AND DEVELOPMENT ENCOURAGE CONTINUED EFFORTS TO ATTRACT AND MAINTAIN BUSINESSES. THE PETITIONER HAS OPERATED A SUCCESSFUL ENTERPRISE HERE IN NEW HANOVER COUNTY FOR OVER 21 YEARS, BUT CURRENTLY OCCUPIES A LEASED SPACE. THE PURPOSE IS TO HAVE OWNERSHIP OF THE PROPERTY AND ADMINISTER THE BUSINESS FROM THE EXISTING OFFICE BUILDINGS. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. THE TRACT IS IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN AS A "GENERAL RESIDENTIAL" PLACE -TYPE. HOWEVER, IT IS IMMEDIATELY ADJACENT TO THE "URBAN MIXED -USE" PLACE -TYPE THAT IS PART OF THE MONKEY JUNCTION GROWTH NODE. LOWER- DENSITY COMMERCIAL USES, SUCH AS OFFICES, ARE ACCEPTABLE. PINER ROAD IS A MINOR ARTERIAL ROADWAY. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? THE TRACT IS ALREADY BEING USED FOR OFFICE PURPOSES, BUT IS LIMITED DUE TO ITS UNDERLYING OFFICE & INSTITUTIONAL ZONING DISTRICT. THE REQUESTED CHANGE IS SOLELY FOR THE PURPOSE OF ADDING THE USE OF "CONTRACTOR OFFICE" FOR THE PETITIONER'S SPECIFIC BUSINESS. Board of Commissioners - January 19, 2021 Page 3 of 5 ITEM: 24- 7 - 6onditional Zoning District Application — Updated 02 -2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "N/A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial Staff Initial ❑ This application form, completed and signed CAW ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ Site Plan including the following elements: a Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right -of -way dedication; plans for access to and from the tract; location, width, and right -of -way for internal streets and locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage • The location of Special Flood Hazard Areas, if applicable • Location, species, and size (DBH) of regulated trees • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW ❑ One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document /site plan. CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Page 4of5 Board of CommissionersC-alahtwill2%r bistrict Application — Updated 02 -2020 ITEM: 24- 7 - 5 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my a without limitations with regard to any and all things directly or indirectly connected with or arising out of thisAupplickition. WILLIAM SPENSER HACKNEY, II S) Print Name(s) DESIGN SOLUTIONS / CINDEE WOLF Signature of Applicant /Agent Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Rw; � - r, -1 j� LVkW `-■v \ncIss'.t:+�'' Board of Commissioners - January 19, 2021 page 7 of 7 ITEM: 24- 7 - conditional Zoning District Application — Updated 5/2017 Legal Description for Conditional Zoning District At 813 & 817 Piner Road Beginning at a point in the northern boundary of Piner Road (S.R. 1521), a sixty -foot (60') public right -of -way; said point being located at the southwestern corner of the Myrtle Grove School; and running thence: North 56 051'17" West, 209.83 feet along the said right -of -way to a point; thence North 20 044'46" East, 693.99 feet to a point; thence South 58 008'48" East, 208.90 feet to a point; thence South 20 045'00" West, 698.80 feet to the point and place of beginning, containing 3.28 acres, more or less. Board of Commissioners - January 19, 2021 ITEM: 24- 7 - 7 I NOTES: NO NCGS MONUMENTS FOUND WITHIN 2000 FT. THIS SURVEY IS A RECOMBINATION OF EXISTING PARCELS, A COURT — ORDERED- SURVEY OR OTHER EXCEPTION TO THE DEFINITION 'OF SUBDIVISION. w L P YNEi' r rrruit►ti►�� . [SAP NOT SUBJECT TO NEW COUNTY $UBflIVES1 , -O�A �: DATE 60 30 0 60 120 GRAPHIC SCALE AREA BY COORDINATE COMPUTATION N 24'01'30" E 3.73 TIE —LINE EIP ONLY C N /F 01 FRANCIS SMITH <o DB 351, PG 462 4u CONTROL CORNER 0 83696.79 SQ. Fr. 1.92 ACRES PREVIOUS ACREAGE REF DB 4852, PG 28B 2.51 ACRES RECOMBINED ACREAGE ( �o NS TIE —LINE cQj% ONLY i i ERB �.69•y o/d l /ne 2S , E Qa� O be _2p4 a 96 bandOnea � r 0, CV RBS /� 1 g$ '�N- 3 s? N 'IP DISTURBED N /F NEW HANOVER COUNTY BOARD OF EDUCATION DB 1330, PG 137 I -r EIP CONTROL o I CORNER N/F NEW HANOVER COUNTY BOARD OF EDUCATION DB 1330, PG 137 30' ACCESS EASEMENT PER DB 4852, PG 258 5 69. 191 c 1 TO BE ABANDONED 30' ACCESS EASEMENT 9•y9, /au � 6 to- PER DB 4852, PG 258 2 E U `� TERMINATE TO REMAN AT REAR LANE OF NEW LOT 1 59042.84 SQ. Fr. / !1 \S 15 21 W 1.36 ACRES PREVIOUS ACREAGE / U RBS 192'56 6 REF DB 4852, PG 288 / TIE —LINE o 0.77 ACRES RECOMBINED ACREAGE / / ONLY \� 1 ERB PP / �NS �N 29'34'43" E 120.48 \ 209 / // TIE --LINE X60, 83 \• / ONLY PP REFERENCES: LEGEND: ,J ERB \ DB 4852 PG 288 EIP = EXISTING IRON PIPE \ ERB = EXISTING REBAR \ \ NS = NAIL SET \ OHPL = OVERHEAD POWER LINE \ \ I, Gary W. Keyes, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descripti% corded in Book____, Page____, or other source as noted); that the boundaries not surveyed are clearly indicated CA, ! rrrr��i�4 as drawn from information f0llIId III B k ,Page (or Other s011i7Ce a>3 noted); that the ratio Of precision as calculated is l : ; that this plat was prepared in accordance with G.S. 47 -30 as amended. �! Witness my original signature, registration number and seal this 1�5 day of VS(— , A.D., 20,�4. L-4381 urveyor Registration # 60bK LQ 19, 2021. M:24 -7 -8 n►Surver... Garb W. Kgc5 Land 5urve4inq, Kc, NC Firm # C -4066 7336 Perdell load Wilminc hm, NC 25411 ( 910) 228 4773 L- g65surveuinq @gmail,com ...Because of Christ" DB 351, PG 462 DB 1330, PG 137 DB 5818, PG 135 N c� N LO M 0 0 z 0 w w 0 0 0 i I (WE) DO CERTIFY THAT I (WE) ARE THE OWNER(S) OR ARE AUTHORIZED AGENT(S) OF SAID OWNER(S) AND BY WITNESS OF SIGNATURE BELOW BY OWNER OR AGENT DO HEREBY ADOPT AND ENFORCE THIS /FLAT OF RECOMBINATION. OWNER(S) /AGENT(S) MAP NOT SUBJECT TO NEW HANOVER COUNTY SUBDIVION ORDINANCE. 01-02-15 C . 0• V.Ax fre 6 DATE PLANNING bIRECTOR DATE MAP TIRE: RECOMBINATION MAP FOR: WIWAM SPENCER HACKNEY (Vicinity Map Not to Seale) REPORTED ZONING: 0 & I 4 TOWNSHIP MASONBORO COUNTY NEW HANOVER STATE NC DA'I'S 12/18/14 SCALE 1" = 60, OWNER: WILLIAM SPENCER HACKNEY 212 SPRING RUN DRIVE MOORESVILLE, NC 28115 TRACT 1 & TRACT 2 OF DB 5818, PG 135 STATE OF NORTH CAROLINA COUNTY OFAW "CLV10 05117 STATE OF NORTH CAROLINA COUNTY I, 1-+ Vj Q.t,+er ,Review Officer of 164 gamagorCount,, Filed for Registration at UW 20 11 in certify' that the map r plat to which this certification is affixed meets all the Register of Deeds Office Recorded in Book Page �`Y{reCO�g. A I 1 I ft—CEIVI DEC Y,6-�Gs 9C D -2z9 4-1'13 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Freedom Lawns Office / 813 & 817 Piner Road Proposed Zoning: (CUD) 0&1 to (CZD) CB The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on September 15, 2020. The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls or emails, and the associated dialogue. Date: Applicant: By: October 5, 2020 Design Solutions Cindee Wolf Boara ot Commissioners - January 19, 2U21 ITEM: 24- 7 - 9 Community Information Freedom Lawns / 813 & 817 Piner Road Name Address Email (Optional) Sean P. Mulligan 1 5756 Highgrove Place I seanpmulligan @gmail.com Cindee Wolf I Project Planner 1cwolf @lobodemar.biz Board of Commissioners - January 19, 2021 ITEM: 24- 7 - 10 Hi Cindee, I have reviewed the notice re: Freedom Lawns wishing to run their operation at 813 Piner. My main comment is regarding possible noise disturbance from the operation. At what hour in the morning will workers be arriving to load company vehicles and head out. In my experience that will be at an early hour that will be noticeable to the neighborhood. Please establish working hours and "non- noisy" times. Other than that I am OK with this use. Sean P. Mulligan Mobile: 203 - 219 -2212 5756 Highgrove Place seanpmulligan @gmail.com Mr. Mulligan, • Techs (8)- Monday thru Friday 6:45am- 3:15pm • Admin (2)- Monday thru Friday 8am -5pm • Owners(2) There is no activity weekends or holidays. • The only real activity is to fill the tanks — by normal hose - from an on -site well adjacent to the proposed storage building, and hand load the plant -care applications from the proposed new storage building. No machinery like forklifts. • All of those applications are non -toxic substances and considered environmentally "friendly." We appreciate your contact and will include it in the project information report. Please don't hesitate to email again if you have additional questions. Regards, Cindee Thanks, that confirms my concerns of early morning activity disturbing the peace. I know that crews coming and going can be somewhat talkative and vehicle activity (doors and motors) will be heard. Hopefully Freedom will understand and inform their crews to transition as quickly and quietly as possible. Sean P. Mulligan Board of Commissioners - January 19, 2021 ITEM: 24- 7 - 11 E ❑ El' ❑ ❑ 0 ❑ ❑ 41, -0 ❑ El 0- ;-I-- ❑ 00, El 00 0 000 0 ❑ ❑ --jt- OWNER NAME ATZ MICHAEL J BILL CLARK HOMES OF WILM LLC COE WILLIAM M GAY G COREY DANA H DIX JACKSON DORAZIO JENNIFER J ETAL DUFFY CHRISTOPHER FERRIER CELIA FOXWORTH EDWARD J LISA ANN C GOODWIN FRANK F JR CATHERINE H HATCHER BARTON HUBBARD WILLIAM T KINSEY TIM S CYNTHIA D LANCASTER JOHN R MULLIGAN SEAN TRUSTEE MYRTLE GROVE PRESBYTERIAN NELSON ERIC ETAL NEW HAN CNTY BD OF EDUCATION NORRIS DAVID G BETTY V PEREZ LOPEZ MARK S DEBORAH PHAM NATHAN TUAN PROCLAIM HOLDINGS LLC REAVES RONNIE D ROGERS DUDLEY LINWOOD JR ROWLAND DANIEL RAY ETAL SCHAEFFER FREDERICK E CAROLYN J SMITH FRANCES W HEIRS STEVENS ELIZABETH Q STUTZENBERGER FREDRICH MADISON THOMPSON SARAH WENZ FREDERICK J III WISE JEFFREY B ZHOU BING W ETAL MAILING ADDRESS 25165 REMUS CT 27 RACINE DR STE 201 140 SYLVAN SHORES DR 5764 HIGHGROVE PL 911 DRAYTON CT 5744 HIGHGROVE PL 5752 HIGHGROVE PL 5765 HIGHGROVE PL 5749 HIGHGROVE PL 904 DRAYTON CT 5761 HIGHGROVE PL 5757 HIGHGROVE PL 920 DRAYTON CT PO BOX 307 5756 HIGHGROVE PL 800 PINER RD 5741 HIGHGROVE PL 6410 CAROLINA BEACH RD 4105 BUFFINGTON PL 341 COLLEGE RD S STE 11 5768 HIGHGROVE PL PO BOX 15447 735 PINER RD 5546 PEDEN POINT RD 920 PINER RD 908 DRAYTON CT 805 PINER RD 915 DRAYTON CT 907 DRAYTON CT 5748 HIGHGROVE PL 919 DRAYTON CT 912 DRAYTON CT 916 DRAYTON CT CITY / STATE / ZIP PUNTA GORDA, FL 33983 WILMINGTON, NC 28403 EDGEMONT, AR 72044 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WRIGHTSVILLE BCH, NC 28480 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28408 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 Board of Commissioners - January 19, 2021 ITEM: 24- 7 - 13 SITUS ADDRESS 5745 HIGHGROVE PL WILMINGTON 902 PINER RD WILMINGTON 5760 HIGHGROVE PL WILMINGTON 5764 HIGHGROVE PL WILMINGTON 911 DRAYTON CT WILMINGTON 5744 HIGHGROVE PL WILMINGTON 5752 HIGHGROVE PL WILMINGTON 5765 HIGHGROVE PL WILMINGTON 5749 HIGHGROVE PL WILMINGTON 904 DRAYTON CT WILMINGTON 5761 HIGHGROVE PL WILMINGTON 5757 HIGHGROVE PL WILMINGTON 920 DRAYTON CT WILMINGTON 5753 HIGHGROVE PL WILMINGTON 5756 HIGHGROVE PL WILMINGTON 800 PINER RD WILMINGTON 5741 HIGHGROVE PL WILMINGTON 901 PINER RD WILMINGTON 5737 HIGHGROVE PL WILMINGTON 923 DRAYTON CT WILMINGTON 5768 HIGHGROVE PL WILMINGTON 817 PINER RD WILMINGTON 735 PINER RD WILMINGTON 814 PINER RD WILMINGTON 801 PINER RD WILMINGTON 908 DRAYTON CT WILMINGTON 805 PINER RD WILMINGTON 915 DRAYTON CT WILMINGTON 907 DRAYTON CT WILMINGTON 5748 HIGHGROVE PL WILMINGTON 919 DRAYTON CT WILMINGTON 912 DRAYTON CT WILMINGTON 916 DRAYTON CT WILMINGTON Project Information Notice September 15, 2020 To: Adjacent Property Owners Re: Freedom Lawns The owners of Freedom Lawns are interested in purchasing the property at 813 Piner Road and running their business out of the existing office building. The only changes to the site would be elimination of the western driveway, construction of a storage building to the rear of the tract, and overall upgrade of landscaping to current standards. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A sketch plan of the project layout is enclosed. The County requires that the developer notify the property owners within an adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. Due to the current COVID -19 issue, however, a meeting cannot be held at this time. In lieu of that, you can contact the land planner, Cindee Wolf, with comments or questions at: Telephone: 910 - 620 -2374, or Email: cwolf (@lobodemar.biz We can also set up an on -line meeting for a forum with multiple parties if requested. Please let me know if you are interested in that alternative and arrangements will be made. All contact, comments, concerns, and recommendations must be recorded in a report delivered to the County along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. Board of Commissioners - January 19, 2021 ITEM: 24- 7 - 14 F. 'W 'dit Ivew a Storage Building P "File t Ar4 �a q J - - _, Existin s _ House to Remain Existing Offices to Remain Myrtle Employee f? Grove Parking - _ Middle f Sc r Employe Parking oC50q, - _� - Board of Commissioners - January 19, 2021 ITEM: 24- 7 - 16 PROPOSED SITE PLAN Board of Commissioners - January 19, 2021 ITEM: 24- 8 - 1 / / n/f Kaylle5 Cove POA, Inc. D.B. G 1 82 -29 18 Zoning: R -1 5 Land Use: Open Space P.O. 13ox 7221 WilmingtoK, NC 28406 Tel. q10-62-0-2374 Oeslgn So lu t� o' ns / / / n/f Frances W. Smith Heirs D.B. 351-4G2 Zoning: R-1 5 Land Use: Residential Existing House i �R n/f Dudley Linwood Rogers, Jr. D.B. 5354 -G58 Zoning: R -1 5 Land Use: Residential / / n/f NHCo Board of Education D.B. 1330-137 Zoning: R -1 5 Land Use: Institutional \30 _ S I � 63 3004, .E- \ \ e ff ` \� \c / Z 27/1 / — — — — — Existmg WArea ooded N � � � �• �I III / \ Icb Exlsting Woode ) � Area � '2 7 d o° Gravel / Company N Truck New / Parking 30'X 5 1' Storage / Bldg. / I I ( 1 530 s.f.) -Story 2 N \ (R / > ryg Max. ax. . / t \ _ — evstmy / ro / ell Existing Wooded / Area New \\ \ fill) / / Gravel Drive a Via I I / �f I Caretaker Unit ) Open Space N H Co Board 1\ � 1 200 s.f.i m I I of Education Existing \ Existing Wooded 8G4 5.f.± III D.B. 1330 -137 Area I I Hard wd esidence � � i IC I � zoning: R- 15 \ ( ** 5peclal Use I I o Land Use: Institutional \ J Permit included m \ / for Live /Work NI or Caretaker Ex. � habitation.) Gravel Parking \ / *,ardwi Ex. Gravel Drive CAR o ;. �� 7�3 :• Lys /A Al "o ```�� (COI 1/6 //c 11/ n/f Fredrich Madison Stutzenberger D.B. G212-9 14 Zoning: R-1 5 Land Use: Residential Project No.: 20 -22 Scale: 1 " =30' Date: 10/0(5/20 P.evisons: 10122120 for Prelim Review Comments Owner: Proclaim Holdings, L.L.C. P.O. Box 15447 Wilmington, NC 28408 Conditional Zoning District Site Plan Vicinity Map (No Scale) Site Inventory Notes: 1. 50115 Type: Mu (Murville fine sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation within the development area has been located and is labeled. 7. There Is no evidence of Jurisdictional wetlands on the site. 8. There Is no evidence of endangered species or habitat issues on the site. 9. This parcel 15 not Impacted by any 512eclal Flood Hazard Area (5FHA) as evidenced on FIRM Panel 3720313400K. 10. The site drainage flows into the Motts Creek drainage basin. Utility Notes: I . Existing water service Is provided by Cape Pear Public Utility Authority. Sanitary sewer service 15 hooked to a private septic system. 2. All utility services, such as electric power, CATV, gas * telephone shall be Installed underground. 3. Solid waste disposal will by dumpster pickup by a private contractor / hauler. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be Installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both Engllsh * Spanish - "Tree Protection Area / Do Not Enter." Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. Development Data: Tract Area - 142,789 s.f.± (3.28 ac.) Total Bldg. Area: 3994 s.f.± Existing Offices - I G02 s.f. Proposed Storage Bldg - 1 530 5.f.± Caretaker Unit - 8G4 s.f.± Bldg. Hgts.: Existing Offices - 1-story / 18' Existing Residence - 2 -5tory / 25' Proposed Storage Bldg_ - I -story/ 25' Parking - 3 132 s.f. Office $ Storage @ 1 5121400 s.f. = 8 Caretaker Unit @ 2 sp req'd. ** 15 spaces prov'd. ** Impervious Surfaces - Ex. Rooftops - 2,200 s.f.± 09 G,200 5.f.+ 132 Moh,can 7 3,450 5.f.± Subtotal - Road New Rooftop - 1,530 s.f.± New Gravel - I I ,GOO s.f.± Subtotal - 13,130 s.f.± K d Hidden volley Rood �°tc e� F-0aa 421 S Gre Rery6rzar S N Monkey o Junction 0 m Myrtle 6 r Grove Shopping WE Center P,he o� U� o° Vicinity Map (No Scale) Site Inventory Notes: 1. 50115 Type: Mu (Murville fine sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation within the development area has been located and is labeled. 7. There Is no evidence of Jurisdictional wetlands on the site. 8. There Is no evidence of endangered species or habitat issues on the site. 9. This parcel 15 not Impacted by any 512eclal Flood Hazard Area (5FHA) as evidenced on FIRM Panel 3720313400K. 10. The site drainage flows into the Motts Creek drainage basin. Utility Notes: I . Existing water service Is provided by Cape Pear Public Utility Authority. Sanitary sewer service 15 hooked to a private septic system. 2. All utility services, such as electric power, CATV, gas * telephone shall be Installed underground. 3. Solid waste disposal will by dumpster pickup by a private contractor / hauler. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be Installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both Engllsh * Spanish - "Tree Protection Area / Do Not Enter." Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. Development Data: Tract Area - 142,789 s.f.± (3.28 ac.) Total Bldg. Area: 3994 s.f.± Existing Offices - I G02 s.f. Proposed Storage Bldg - 1 530 5.f.± Caretaker Unit - 8G4 s.f.± Bldg. Hgts.: Existing Offices - 1-story / 18' Existing Residence - 2 -5tory / 25' Proposed Storage Bldg_ - I -story/ 25' Parking - 3 132 s.f. Office $ Storage @ 1 5121400 s.f. = 8 Caretaker Unit @ 2 sp req'd. ** 15 spaces prov'd. ** Impervious Surfaces - Ex. Rooftops - 2,200 s.f.± Ex. Pvmt. - G,200 5.f.+ Ex. Walks - 1, 180 5.f.± Ex. Gravel - 3,450 5.f.± Subtotal - 13,030 s.f.± New Rooftop - 1,530 s.f.± New Gravel - I I ,GOO s.f.± Subtotal - 13,130 s.f.± Total - 2G, I GO s.f.± (1(5.3 %) General Notes: I . New Hanover County Parcel Nos.: PIN - 3 134 1 5.72.1 770 PID - R07000 -002 -1 90 -000 PIN - 3 134 1 5.72.2954 PID - R07000- 002 - 020 -000 2. Tract Area: 3.28 ac.± 3. Zoning District: Existing - (CUD) O *I Proposed - (CZD) CB w/ SUP for Live /Work or Caretaker Unit 4. Comprehensive Plan Classification: General Residential M N 5 Graphic Scale 30 20 10 0 15 30 GO Property Address: 81 3 * 81 7 Piner Road Freedom Lawns Ma5onboro Township / New Hanover County / North Carolina Site E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler and Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (S20 -04) — Request by Design Solutions on Behalf of Property Owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permit for a Live /Work Unit Within the (CZD) CB, Conditional Community Business District, Associated with Rezoning Request Z20 -21, Located at 813 and 817 Piner Road BRIEF SUMMARY: The applicant is seeking a Special Use Permit for a live /work or caretaker unit associated with a landscape contracting business located at 813 & 817 Piner Road. This application is for the same property that the applicant is also proposing to rezone to a conditional CB district (Z20 -21). Dwelling units are not permitted in the proposed CB district unless they are used as a live /work or caretaker unit and also obtain a Special Use Permit. The subject property already contains one dwelling unit that the applicant is proposing to use for the live /work or caretaker unit. Currently, the dwelling is considered to be a legal nonconformity and can be continued to be occupied provided use of the structure as a dwelling is not discontinued for a period of 180 consecutive days. The Unified Development Ordinance (UDO) contains specific standards for Live /Work or Caretaker Units. The dwelling must be occupied by a person engaged in the principal use or their family members residing with them. Open space equal to size of the dwelling must be provided on the site, and the dwelling cannot be more than 50 percent of the total floor area of the principal use. The dwelling unit that will be used as the live /work unit is already located on the site. Therefore, it is estimated that there will be no change in the trips generated from this site with this proposal. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). An existing single - family dwelling is currently located and occupied on the site and approval of the SU P would remove the dwelling's nonconforming status and allow for minor expansions in accordance with the standards of the U DO. The 2016 Comprehensive Plan classifies the site as General Residential. The purpose of the this classification is to provide opportunities for lower density housing and supportive commercial, civic, and recreational development. The Planning Board considered this application at their November 5, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (4 -0). Board of Commissioners - January 19, 2021 ITEM: 25 RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Continued to February 1, 2021 by a vote of 5 -0. Board of Commissioners - January 19, 2021 ITEM: 25 SCRIPT for SPECIAL USE PERMIT Application (S20 -04) Request by Design Solutions on behalf of property owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permit for a Live /Work Unit within the (CZD) CB, Conditional Community Business District, associated with Rezoning Request Z20 -21, located at 813 and 817 Piner Road. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion b. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. ElMotion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ElMotion to deny the permit because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ® b. That the use meets all required condition and specifications: F1c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - January 19, 2021 ITEM: 25- 1 - 1 d. 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 Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF REPORT FOR S20 -04 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S20 -04 Request: Special Use Permit for a live /work or caretaker unit Applicant: Property Owner(s): Cindee Wolf — Design Solutions William S. Hackney, Tara S. Hackney, and Myrtle Grove Middle School Proclaim Holdings, LLC Location: Acreage: 813 & 817 Piner Road 3.28 PID(s): Comp Plan Place Type: R07600- 002 - 190 -000; R07600- 002 - 020 -000 General Residential Existing Land Use: Proposed Land Use: Office /Recreation Live /Work or Caretaker Unit Current Zoning: Proposed Zoning: (CUD) 0&1 (CZD) CB - pending rezoning application Z20 -21 B -2 CZD RMF -M Subject Site m r z CUD O &1 F O l J R -15 U GRISS®M��� R -10 CUD B -2 IVew Hanover county, IV6 SURROUNDING AREA LAND USE ZONING North Undeveloped, Myrtle Grove Middle R -15 East Myrtle Grove Middle School R -15 South Single Family Residential, Kaylies Cove Subdivision, Myrtle Grove Presbyterian Church R -15 West Single Family Residential, Highgrove Estates R -15 S20 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 1 Page 1 of 12 ZONING HISTORY Water /Sewer April 7, 1971 The site was initially zoned R -15 (Area 4) March 10, 1997 Rezoned to (CUD) 0&1 with a special use permit for a real estate office March 9, 1998 (CUD) 0&1 district/SUP modified to allow for general and professional District, New Hanover County Station Myrtle Grove offices October 7, 2002 (CUD) 0&1 district/SUP modified to allow for expansion of the existing Myrtle Grove Athletic Complex structures and to permit an indoor /outdoor recreation establishment. COMMUNITY SERVICES Water /Sewer water and sewer (via force main connection) available through CFPUA. Historic Existing buildings served by CFPUA water and private septic systems. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Bellamy Elementary, Myrtle Grove Middle, and Ashley High schools Recreation Myrtle Grove Athletic Complex CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources S20 -04 Staff Report PB 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 2 Page 2 of 12 APPLICANT'S PROPOSED CONCEPTUAL PLAN Subject Site 1 f' } Proposed Structure {: (Z20 -21 r Existing Dwelling and r � Proposed ' `r Live /Work or Caretaker Unifi ar j Myrtle Grove Existing Structures Middle School a. -A Proposed Conceptual Plan • Currently, the subject property contains two office buildings and one dwelling unit. The applicant has applied for a separate rezoning application (Z20 -21) that would allow the for the expansion of a landscape contracting business on the site. • The applicant is proposing to use the existing house on the site for a live /work or caretaker unit for the landscape business. Currently, the dwelling is considered to be a legal nonconformity and can be continued to be occupied provided use of the structure as a dwelling is not discontinued for a period of 180 consecutive days. • Dwelling units are not permitted in the proposed CB district that the applicant is seeking to rezone the property unless they are used as a live /work or caretaker unit and also obtain a Special Use Permit. • The dwelling is located in the center of the site, is 864 square feet in living space, and two stories (25 feet) in height. • Two parking spaces and 1,200 square feet of open space have been provided for the dwelling unit in accordance with the zoning requirements for live /work units. New / 11 Gavel 'give f \ fl I ca�et,t�r U�, Ppen =pace /f f 200 .t._ � ll Existenq l+ waaae:A 6G4 s.f.± Existing Area I 30" _ }i H,dwa 2esidence Dwelling and ll Special Use Proposed ti f Permit �nclud +�7 11 i Live/Work or v° °r Caretaker 'y"` _� I habitation. Ex. 1\ unit Gravel f j Parking 1lardkd ' j Ex. Gravel / 19 \ \ f !! Dove Hoag ndwd 'Nci / / � ystem / �+.! r i�fitraton S20 -04 Staff Report PB 1. 19.2021 Page 3 of 12 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 3 ZONING CONSIDERATIONS • The Unified Development Ordinance (UDO) contains specific standards for Live /Work or Caretaker Units. The dwelling must be occupied by a person engaged in the principal use or their family members residing with them. Open space equal to size of the dwelling must be provided on the site, and the dwelling cannot be more than 50 percent of the total floor area of the principal use. • The proposed site plan complies with the technical standards for the use in the UDO. AREA SUBDIVISIONS UNDER DEVELOPMENT S20 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 4 Page 4 of 12 TRANSPORTATION • The site is accessed by Piner Road, an NCDOT- maintained minor arterial road. The site is approximately one half mile from both the Carolina Beach Road/S. College Road intersection and the Myrtle Grove Road intersection. • The dwelling unit that will be used as the live /work unit is already located on the site. Therefore, it is estimated that there will be no change in the trips generated from this site with this proposal. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required to analyze transportation impacts for proposal generating less than 100 peak hour trips, staff has provided the volume to capacity ratio for Piner Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Piner Road 800 Block 17,500 19,604 0.89 S20 -04 Staff Report PB 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 5 Page 5 of 12 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Undcr Rcvicw Under Draft six fi i Ne •- .~ . rl� � it �, i...ns -•��, IK • _ w Nearbv NC STIP Proiects: NOW ii..- e S20 -04 Kaylles Cove ag Y TIA Approved Cl,- Tcarin Woods II TIA Approved: k ,g • STIP Project U -5790 • Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Based on the preliminary plans, Piner Road will consist of the same lane configuration with slight realignment of the roadway and the westbound right turn lane to S. College Road. The project is currently on hold at this time. S20 -04 Staff Report PB 1.19.2021 Page 6 of 12 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 6 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status 2. Kaylies Cove • 21 9Single- Family Homes • Addendum approved March 1. Tarin Woods II 26, 2020 The TIA required improvements be completed at certain intersections in the area. The notable . 458 Townhomes • 2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound leftover/U-turn on Carolina Beach Road at the Harris Teeter driveway (required to be installed during the development of Phase 2A). • Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach Road. • Includes additional point of egress to Carolina Beach Road Nearby Proposed Developments included within the TIA: • Beau Rivage Update • Beau Rivage Townhomes Development Status: The total number of units studied by the TIA was based on a proposed rezoning of the development that was denied by the Board of Commissioners in June. The development currently has approval for 189 lots, 175 of which have been platted. The current required roadway improvements (northbound leftover /U -turn on Carolina Beach Road at Harris Teeter) have not been completed at this time. 520 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 7 Page 7 of 12 • Approved February 20, 2. Kaylies Cove • 1 10 Single - Family Homes 2018 • 2019 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a eastbound right turn lane and westbound left turn lane on Piner Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: Homes under construction. 110 lots have been platted at this time, and both turn lanes have been installed. 520 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 7 Page 7 of 12 3. Trinity Landing • 220 senior adult housing • Approved June 23, 2017 dwelling units and amenities • 2020 Build Out Date The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of: • Installation of a northbound right turn lane on Masonboro Loop Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: The development is currently under construction. The roadway improvement has not been installed at this time. ENVIRONMENTAL • The property is not within a Flood Hazard Area. • The property does not contain any Natural Heritage Areas. • The property is within the Mott Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations). However, CFPUA sewer is available through a force main connection. OTHER CONSIDERATIONS Context and Compatibility • An existing single - family dwelling is currently located and occupied on the site. • Approval of the SUP would remove the dwelling's nonconforming status and allow for minor expansions in accordance with the standards of the UDO. • It is estimated there will be no increase in traffic if the existing dwelling is allowed to be used as a Live /Work unit. S20 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 8 Page 8 of 12 Existing Dwelling Located on the Property S20 -04 Staff Report PB 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 9 Page 9 of 12 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Place Types '­ �, - Monkey Junction Growth Node Subject Site U URBAN P� , GENERAL MIXED USE 1 MFR +/� RESIDENTIAL/ LU New Hanover County, NC Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While not specifically addressed by the Analysis Comprehensive Plan, the proposed live /work or caretaker unit is in line with the residential uses and low to moderate densities recommended for General Residential areas. 520 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 10 Page 10 of 12 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water currently provided by CFPUA, and wastewater is treated by a private septic system. Sewer service is available through CFPUA with a force main connection. B. The site will be accessed from Piner Road, an NCDOT- maintained Minor Arterial based on the WMPO Functional Classification Map. C. The dwelling that will be used as the live /work unit is already located and occupied on the site. D. It is estimated that allowing the existing dwelling to be used as a live /work unit will not increase the traffic generated from the site. E. The subject property is located in the New Hanover County Southern Fire Service District. F. The site is not located within the Special Flood Hazard Area. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned (CZD) CB, Conditional Community Business District. (pending rezoning application Z20 -21) B. Live /Work or Caretaker Units are an allowed use by Special Use Permit in the CB zoning district. C. Section 4.3.2.A.7 of the Unified Development Ordinance (UDO) sets forth specific use standards for Live /Work or Caretaker Units. Compliance with the applicable standards is shown on the conceptual plan. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding area contains institutional uses, offices, and single - family dwellings. B. Bufferyards must be provided between the development and adjacent properties. C. The dwelling that will be used as the live /work unit is already located and occupied on the site. D. To date, no evidence has been provided to show that the proposed development will substantially injure the value of adjoining or abutting property. S20 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 11 Page 11 of 12 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The property is located in the General Residential place type as classified in the 2016 Comprehensive Plan. B. The proposed live /work or caretaker unit is in line with the residential uses and low to moderate densities recommended for General Residential areas. Suggested Conditions No conditions proposed. PLANNING BOARD ACTION The Planning Board considered this application at their November 5, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (4 -0). EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1 . Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] S20 -04 Staff Report PB 1.19.2021 Board of Commissioners - January 19, 2021 ITEM: 25- 2 - 12 Page 12 of 12 '. Case: Site Address: Existing Zoning/Use: Proposed Use S20 -04 813 & 817 CUD 0&1/ Live Work Unit/ Piner Rd Office Caretaker .ii O&Q�a�,� ` Feet Y v CUD D &I. Subject Site R -15 Priva R -1 Zoning Districts B -1 AC R -5 EDZD CB 1 -1 R -7 PD B -2 1 -2 R -10 RMF -X Cs AR R -15 RMFU 5C RA R -20 UMXZ o &I R -20� Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: S20 -04 813 & 817 CUD O &I/ Piner Rd Office IN. 731 0.4 IX 600 Feet Subject Site Proposed Use Live Work Unit/ Caretaker GENERAL_ RESIDENTIAL Priva Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning/Use: 520 -04 813 & 817 CUD 0&1/ Piner Rd Office Proposed Use Live Work Unit/ Caretaker N R -15 R -10 •5733 5740 •573 / • 0 &1 /� 712 574. • 5741 ' 5748 5745. CU &I Site 5755 5755 • • 57551 5755 5752 5749! p�NF RRp • I • 574+ e 5755 \a4 4- Subject Site Q 57655757 65 5750 • 5760 5756 5753 X5760 **5760 5760 I 5760 • 5757 ��c s pj 5764 Mgr. * 5761 R0 • / c /5768 5765 • 735 '• 805 ar a y � • 817 901 • Q p C' 801 • � a 813 0 800 ay • 814 • 907 • 806 g 0 • 911 r 9 908 �• 919, 2I 5,601 i rf 812 912 � 5609 • 65 05 �' • 916•�0� • 5622 924 • qj d x a� Grissom-V'°a a� 921 c • 600 ��e\`�x , Feet ❑ N&JMfl3lrArgi +e0�- 20 APPLICANT MATERIALS Board of Commissioners - January 19, 2021 ITEM: 25- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (9 i 0) 798 -7053 plan ningdevelopment.n hcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) CINDEE WOLF PROCLAIM HOLDINGS, L.L.C. Company 1 Company /Owner Name 2 DESIGN SOLUTIONS Address Address PO BOX 7221 PO BOX 15447 City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28408 Phone Phone 910 - 620 -2374 910 - 795 -4143 (SPENSE HACKNEY) Email Email CWOLF @LOBODEMAR.BIZ SPENCE @PROCLAIMINTERACTIVE.COM i 2. Subject Property Information Address /Location Parcel Identification Number(s) 813 & 817 PINER ROAD 313415.72.1770 & 313415.72.2956 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3.78 AC. (CZD) CB (PROPOSED) GENERAL RESIDENTIAL Applicant Tracking Information (This section completed by staff) Case Number. Date /Time Received. Received by- _ 3r 3. M Page 1 of 6 Board of Commissioners - Janu5geklg�l MElPermit Application — Updated 02 -2020 ITEM: 25- 7 - 1 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). THERE IS AN EXISTING RESIDENCE ON THE PROPERTY. THE PETITIONER SEEKS TO ALLOW IT TO BE USED AS A "LIVE -WORK OR CARETAKER UNIT' WHICH REEQUIRES A SPECIAL USE PERMIT. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. REFERENCE THE SITE PLAN FOR LAYOUT AND DETAILS OF THE RESIDENCE. ADDITIONALLY, ALL OF THE PRESCRIBED CONDITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE HAVE BEEN MET AS DESCRIBED IN SECTION 4.3.2.A.7. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: SINGLE - TENANT OFFICE BUILDING / 715 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 1600 S.F. GFA AM Peak Hour Trips:4 I PM Peak Hour Trips: 3 I Board of Commissioners - January 19, 2021 Page 2 of b ITEM: 25- 7 - 2 Special Use Permit Application — Updated 02 -2020 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations. • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. THE PROPOSED RESIDENCE IS EXISTING, AND SERVICED BY A PUBLIC WATER SYSTEM AND A PRIVATE SEPTIC SYSTEM. ITS ACCESS IS FROM THE SAME DRIVEWAY FOR THE PRIMARY OFFICE USE, AND ADDITIONAL PARKING SPACES ARE AVAILABLE IMMEDIATELY ADJACENT TO THE HOME. ALLOWING THE OWNER OR A FULL -TIME EMPLOYEE OF THE BUSINESS TO RESIDE ON THE PROPERTY PROVIDES SECURITY FOR THE PREMISES AND THE COMPANY VEHICLES THAT ARE PARKED OVERNIGHT AND WEEKENDS. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. A "LIVE /WORK OR CARETAKER UNIT" IS PERMITTED BY PRESCRIBED CONDITIONS IN SECTION 4.3.2.A.7 OF THE UDO. ALL OF THOSE CRITERIA ARE SATISFIED. Board of Commissioners - January 19, 2021 Page 3 of 6 ITEM: 25- 7 - 3 Special Use Permit Application — Updated 02 -2020 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations. • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. THE HOUSE THAT IS TO BE USED FOR THE "LIVE / WORK OR CARETAKER" RESIDENCE IS EXISTING. IT IS LOCATED ON THE PORTION OF THE TRACT CLOSEST TO THE MYRTLE GROVE SCHOOL. THERE HAS BEEN NO EVIDIENCE THAT IT HAS HAD AN ADVERSE IMPACT TO ANY OTHER ADJACENT PROPERTIES. APPROVAL OF THE ASSOCIATED CONDITIONAL ZONING DISTRICT CHANGE TO ALLOW THE CONTRACTOR OFFICE WILL INCLUDE UPGRADE OF LANDSCAPING. EXISTING BUFFERYARDS WILL BE VERIFIED FOR THEIR SUFFICIENCY, OR SUPPLEMENTED TO ASSURE THAT THE USE IS VISUALLY SCREENED. 4. 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 New Hanover County Comprehensive Land Use Plan. Considerations. • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. THE TRACT IS IDENTIFIED I THE COMPREHANSIVE LAND USE PLAN AS A "GENERAL RESIDNETIAL PLACE -TYPE. LOWER- DENSITY COMMERICLA USES, SUCH AS OFFICES, ARE ACCEPTABLE, AND HAVING AN ON -SITE RESIDENCE PROMOTES MIXED -USE STRATEGIES THAT REDUCE VEHICULAR TRAFFIC AND MAXIMIZE LAND USE EFFICIENCY. Board of Commissioners - January 19, 2021 Page 4 of b ITEM: 25- 7 - 4 Special Use Permit Application — Updated 02 -2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Applicant Application Checklist Initial Staff Initial ❑ This application form, completed and signed CAW ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). CAW 5 ❑ Traffic Impact Analysis (if applicable) N/A )JA ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right -of -way dedication; plans for access to and from the tract; location, width, and right -of -way for internal streets and locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage • The location of Special Flood Hazard Areas, if applicable • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • Location, species, and size (DBH) of regulated, significant, or specimen trees • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) CAW (� ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use N/A One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional ❑ hard copies may be required by staff depending on the size of the document /site plan. CAW S ❑ One (1) digital PDF copy of ALL documents AND plans CAW Page 5 of 6 Board of Commissioners - Janu5ppdig) 2W'Permit Application — Updated 02 -2020 ITEM: 25- 7 - 5 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby autliorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my df without limitations with regard to any and all things directly or indirectly connected with or arising out of thisiraonlic6tion. ;g '�� - -- WILLIAM SPENCER HACKNEY, 11 S) Print Name(s) DESIGN SOLUTIONS / CINDEE WOLF re of Applicant /Agent Print Name I-,. Note: This form must be signed by the owncr(s) of record. If there are multiple property owners, a signature is required for each owner of record. The land owner or their attorney must be present For the application at the public hearings If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover- County Planning website will be required. Applicant Tracking Information (This section completed by staff) Application Completeness Determination Deferrninaifoa Performed on Planning Board Received: Required by (date): (date). Meeting: �4 $ 2°j�D (0/1 S 2oz.° j t/ K zZo 1 1/57/Z,67, I Page 6 of 6 Board of Commissioners - JanugPjPQig! J�Jp2 ,permit Application ._. Updated 02 -2020 ITEM: 25- 7 - 6 Legal Description for Conditional Zoning District At 813 & 817 Piner Road Beginning at a point in the northern boundary of Piner Road (S.R. 1521), a sixty -foot (60') public right -of -way; said point being located at the southwestern corner of the Myrtle Grove School; and running thence: North 56 051'17" West, 209.83 feet along the said right -of -way to a point; thence North 20 044'46" East, 693.99 feet to a point; thence South 58 008'48" East, 208.90 feet to a point; thence South 20 045'00" West, 698.80 feet to the point and place of beginning, containing 3.28 acres, more or less. Board of Commissioners - January 19, 2021 ITEM: 25- 7 - 7 I NOTES: NO NCGS MONUMENTS FOUND WITHIN 2000 FT. THIS SURVEY IS A RECOMBINATION OF EXISTING PARCELS, A COURT — ORDERED- SURVEY OR OTHER EXCEPTION TO THE DEFINITION 'OF SUBDIVISION. w L P YNEi' r rrruit►ti►�� . [SAP NOT SUBJECT TO NEW COUNTY $UBflIVES1 , -O�A �: DATE 60 30 0 60 120 GRAPHIC SCALE AREA BY COORDINATE COMPUTATION N 24'01'30" E 3.73 TIE —LINE EIP ONLY C N /F 01 FRANCIS SMITH <o DB 351, PG 462 4u CONTROL CORNER 0 83696.79 SQ. Fr. 1.92 ACRES PREVIOUS ACREAGE REF DB 4852, PG 28B 2.51 ACRES RECOMBINED ACREAGE ( �o NS TIE —LINE cQj% ONLY i i ERB �.69•y o/d l /ne 2S , E Qa� O be _2p4 a 96 bandOnea � r 0, CV RBS /� 1 g$ '�N- 3 s? N 'IP DISTURBED N /F NEW HANOVER COUNTY BOARD OF EDUCATION DB 1330, PG 137 I -r EIP CONTROL o I CORNER N/F NEW HANOVER COUNTY BOARD OF EDUCATION DB 1330, PG 137 30' ACCESS EASEMENT PER DB 4852, PG 258 5 69. 191 c 1 TO BE ABANDONED 30' ACCESS EASEMENT 9•y9, /au � 6 to- PER DB 4852, PG 258 2 E U `� TERMINATE TO REMAN AT REAR LANE OF NEW LOT 1 59042.84 SQ. Fr. / !1 \S 15 21 W 1.36 ACRES PREVIOUS ACREAGE / U RBS 192'56 6 REF DB 4852, PG 288 / TIE —LINE o 0.77 ACRES RECOMBINED ACREAGE / / ONLY \� 1 ERB PP / �NS �N 29'34'43" E 120.48 \ 209 / // TIE --LINE X60, 83 \• / ONLY PP REFERENCES: LEGEND: ,J ERB \ DB 4852 PG 288 EIP = EXISTING IRON PIPE \ ERB = EXISTING REBAR \ \ NS = NAIL SET \ OHPL = OVERHEAD POWER LINE \ \ I, Gary W. Keyes, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descripti% corded in Book____, Page____, or other source as noted); that the boundaries not surveyed are clearly indicated CA, ! rrrr��i�4 as drawn from information f0llIId III B k ,Page (or Other s011i7Ce a>3 noted); that the ratio Of precision as calculated is l : ; that this plat was prepared in accordance with G.S. 47 -30 as amended. �! Witness my original signature, registration number and seal this 1�5 day of VS(— , A.D., 20,�4. L-4381 urveyor Registration # 60bK LQ 19, 2021. M:25 -7 -8 n►Survey5... Garb W. Kgc5 Land 5urve4inq, Kc, NC Firm # C -4066 7336 Perdell load Wilminc hm, NC 25411 ( 910) 228 4773 L- g65surveuinq @gmail,com ...Because of Christ" DB 351, PG 462 DB 1330, PG 137 DB 5818, PG 135 N c� N LO M 0 0 z 0 w w 0 0 0 i I (WE) DO CERTIFY THAT I (WE) ARE THE OWNER(S) OR ARE AUTHORIZED AGENT(S) OF SAID OWNER(S) AND BY WITNESS OF SIGNATURE BELOW BY OWNER OR AGENT DO HEREBY ADOPT AND ENFORCE THIS /FLAT OF RECOMBINATION. OWNER(S) /AGENT(S) MAP NOT SUBJECT TO NEW HANOVER COUNTY SUBDIVION ORDINANCE. 01-02-15 C . 0• V.Ax fre 6 DATE PLANNING bIRECTOR DATE MAP TIRE: RECOMBINATION MAP FOR: WIWAM SPENCER HACKNEY (Vicinity Map Not to Seale) REPORTED ZONING: 0 & I 4 TOWNSHIP MASONBORO COUNTY NEW HANOVER STATE NC DA'I'S 12/18/14 SCALE 1" = 60, OWNER: WILLIAM SPENCER HACKNEY 212 SPRING RUN DRIVE MOORESVILLE, NC 28115 TRACT 1 & TRACT 2 OF DB 5818, PG 135 STATE OF NORTH CAROLINA COUNTY OFAW "CLV10 05117 STATE OF NORTH CAROLINA COUNTY I, 1-+ Vj Q.t,+er ,Review Officer of 164 gamagorCount,, Filed for Registration at UW 20 11 in certify' that the map r plat to which this certification is affixed meets all the Register of Deeds Office Recorded in Book Page �`Y{reCO�g. A I 1 I ft—CEIVI DEC Y,6-�Gs 9C D -2z9 4-1'13 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Freedom Lawns Office / 813 & 817 Piner Road Proposed Zoning: (CUD) 0&1 to (CZD) CB The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on September 15, 2020. The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls or emails, and the associated dialogue. Date: Applicant: By: October 5, 2020 Design Solutions Cindee Wolf Boara ot Commissioners - January 19, 2U21 ITEM: 25- 7 - 9 Community Information Freedom Lawns / 813 & 817 Piner Road Name Address Email (Optional) Sean P. Mulligan 1 5756 Highgrove Place I seanpmulligan @gmail.com Cindee Wolf I Project Planner 1cwolf @lobodemar.biz Board of Commissioners - January 19, 2021 ITEM: 25- 7 - 10 Hi Cindee, I have reviewed the notice re: Freedom Lawns wishing to run their operation at 813 Piner. My main comment is regarding possible noise disturbance from the operation. At what hour in the morning will workers be arriving to load company vehicles and head out. In my experience that will be at an early hour that will be noticeable to the neighborhood. Please establish working hours and "non- noisy" times. Other than that I am OK with this use. Sean P. Mulligan Mobile: 203 - 219 -2212 5756 Highgrove Place seanpmulligan @gmail.com Mr. Mulligan, • Techs (8)- Monday thru Friday 6:45am- 3:15pm • Admin (2)- Monday thru Friday 8am -5pm • Owners(2) There is no activity weekends or holidays. • The only real activity is to fill the tanks — by normal hose - from an on -site well adjacent to the proposed storage building, and hand load the plant -care applications from the proposed new storage building. No machinery like forklifts. • All of those applications are non -toxic substances and considered environmentally "friendly." We appreciate your contact and will include it in the project information report. Please don't hesitate to email again if you have additional questions. Regards, Cindee Thanks, that confirms my concerns of early morning activity disturbing the peace. I know that crews coming and going can be somewhat talkative and vehicle activity (doors and motors) will be heard. Hopefully Freedom will understand and inform their crews to transition as quickly and quietly as possible. Sean P. Mulligan Board of Commissioners - January 19, 2021 ITEM: 25- 7 - 11 E ❑ El' ❑ ❑ 0 ❑ ❑ 41, -0 ❑ El 0- ;-I-- ❑ 00, El 00 0 000 0 ❑ ❑ --jt- OWNER NAME ATZ MICHAEL J BILL CLARK HOMES OF WILM LLC COE WILLIAM M GAY G COREY DANA H DIX JACKSON DORAZIO JENNIFER J ETAL DUFFY CHRISTOPHER FERRIER CELIA FOXWORTH EDWARD J LISA ANN C GOODWIN FRANK F JR CATHERINE H HATCHER BARTON HUBBARD WILLIAM T KINSEY TIM S CYNTHIA D LANCASTER JOHN R MULLIGAN SEAN TRUSTEE MYRTLE GROVE PRESBYTERIAN NELSON ERIC ETAL NEW HAN CNTY BD OF EDUCATION NORRIS DAVID G BETTY V PEREZ LOPEZ MARK S DEBORAH PHAM NATHAN TUAN PROCLAIM HOLDINGS LLC REAVES RONNIE D ROGERS DUDLEY LINWOOD JR ROWLAND DANIEL RAY ETAL SCHAEFFER FREDERICK E CAROLYN J SMITH FRANCES W HEIRS STEVENS ELIZABETH Q STUTZENBERGER FREDRICH MADISON THOMPSON SARAH WENZ FREDERICK J III WISE JEFFREY B ZHOU BING W ETAL MAILING ADDRESS 25165 REMUS CT 27 RACINE DR STE 201 140 SYLVAN SHORES DR 5764 HIGHGROVE PL 911 DRAYTON CT 5744 HIGHGROVE PL 5752 HIGHGROVE PL 5765 HIGHGROVE PL 5749 HIGHGROVE PL 904 DRAYTON CT 5761 HIGHGROVE PL 5757 HIGHGROVE PL 920 DRAYTON CT PO BOX 307 5756 HIGHGROVE PL 800 PINER RD 5741 HIGHGROVE PL 6410 CAROLINA BEACH RD 4105 BUFFINGTON PL 341 COLLEGE RD S STE 11 5768 HIGHGROVE PL PO BOX 15447 735 PINER RD 5546 PEDEN POINT RD 920 PINER RD 908 DRAYTON CT 805 PINER RD 915 DRAYTON CT 907 DRAYTON CT 5748 HIGHGROVE PL 919 DRAYTON CT 912 DRAYTON CT 916 DRAYTON CT CITY / STATE / ZIP PUNTA GORDA, FL 33983 WILMINGTON, NC 28403 EDGEMONT, AR 72044 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WRIGHTSVILLE BCH, NC 28480 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28408 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 Board of Commissioners - January 19, 2021 ITEM: 25- 7 - 13 SITUS ADDRESS 5745 HIGHGROVE PL WILMINGTON 902 PINER RD WILMINGTON 5760 HIGHGROVE PL WILMINGTON 5764 HIGHGROVE PL WILMINGTON 911 DRAYTON CT WILMINGTON 5744 HIGHGROVE PL WILMINGTON 5752 HIGHGROVE PL WILMINGTON 5765 HIGHGROVE PL WILMINGTON 5749 HIGHGROVE PL WILMINGTON 904 DRAYTON CT WILMINGTON 5761 HIGHGROVE PL WILMINGTON 5757 HIGHGROVE PL WILMINGTON 920 DRAYTON CT WILMINGTON 5753 HIGHGROVE PL WILMINGTON 5756 HIGHGROVE PL WILMINGTON 800 PINER RD WILMINGTON 5741 HIGHGROVE PL WILMINGTON 901 PINER RD WILMINGTON 5737 HIGHGROVE PL WILMINGTON 923 DRAYTON CT WILMINGTON 5768 HIGHGROVE PL WILMINGTON 817 PINER RD WILMINGTON 735 PINER RD WILMINGTON 814 PINER RD WILMINGTON 801 PINER RD WILMINGTON 908 DRAYTON CT WILMINGTON 805 PINER RD WILMINGTON 915 DRAYTON CT WILMINGTON 907 DRAYTON CT WILMINGTON 5748 HIGHGROVE PL WILMINGTON 919 DRAYTON CT WILMINGTON 912 DRAYTON CT WILMINGTON 916 DRAYTON CT WILMINGTON Project Information Notice September 15, 2020 To: Adjacent Property Owners Re: Freedom Lawns The owners of Freedom Lawns are interested in purchasing the property at 813 Piner Road and running their business out of the existing office building. The only changes to the site would be elimination of the western driveway, construction of a storage building to the rear of the tract, and overall upgrade of landscaping to current standards. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A sketch plan of the project layout is enclosed. The County requires that the developer notify the property owners within an adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. Due to the current COVID -19 issue, however, a meeting cannot be held at this time. In lieu of that, you can contact the land planner, Cindee Wolf, with comments or questions at: Telephone: 910 - 620 -2374, or Email: cwolf (@lobodemar.biz We can also set up an on -line meeting for a forum with multiple parties if requested. Please let me know if you are interested in that alternative and arrangements will be made. All contact, comments, concerns, and recommendations must be recorded in a report delivered to the County along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. Board of Commissioners - January 19, 2021 ITEM: 25- 7 - 14 F. 'W 'dit Ivew a Storage Building P "File t Ar4 �a q J - - _, Existin s _ House to Remain Existing Offices to Remain Myrtle Employee f? Grove Parking - _ Middle f Sc r Employe Parking oC50q, - _� - Board of Commissioners - January 19, 2021 ITEM: 25- 7 - 16 PROPOSED SITE PLAN Board of Commissioners - January 19, 2021 ITEM: 25- 8 - 1 / / n/f Kaylle5 Cove POA, Inc. D.B. G 1 82 -29 18 Zoning: R -1 5 Land Use: Open Space P.O. 13ox 7221 WilmingtoK, NC 28406 Tel. q10-62-0-2374 Oeslgn So lu t� o' ns / / / n/f Frances W. Smith Heirs D.B. 351-4G2 Zoning: R-1 5 Land Use: Residential Existing House i �R n/f Dudley Linwood Rogers, Jr. D.B. 5354 -G58 Zoning: R -1 5 Land Use: Residential / / n/f NHCo Board of Education D.B. 1330-137 Zoning: R -1 5 Land Use: Institutional \30 _ S I � 63 3004, .E- \ \ e ff ` \� \c / Z 27/1 / — — — — — Existmg WArea ooded N � � � �• �I III / \ Icb Exlsting Woode ) � Area � '2 7 d o° Gravel / Company N Truck New / Parking 30'X 5 1' Storage / Bldg. / I I ( 1 530 s.f.) -Story 2 N \ (R / > ryg Max. ax. . / t \ _ — evstmy / ro / ell Existing Wooded / Area New \\ \ fill) / / Gravel Drive a Via I I / �f I Caretaker Unit ) Open Space N H Co Board 1\ � 1 200 s.f.i m I I of Education Existing \ Existing Wooded 8G4 5.f.± III D.B. 1330 -137 Area I I Hard wd esidence � � i IC I � zoning: R- 15 \ ( ** 5peclal Use I I o Land Use: Institutional \ J Permit included m \ / for Live /Work NI or Caretaker Ex. � habitation.) Gravel Parking \ / *,ardwi Ex. Gravel Drive CAR o ;. �� 7�3 :• Lys /A Al "o ```�� (COI 1/6 //c 11/ n/f Fredrich Madison Stutzenberger D.B. G212-9 14 Zoning: R-1 5 Land Use: Residential Project No.: 20 -22 Scale: 1 " =30' Date: 10/0(5/20 P.evisons: 10122120 for Prelim Review Comments Owner: Proclaim Holdings, L.L.C. P.O. Box 15447 Wilmington, NC 28408 Conditional Zoning District Site Plan Vicinity Map (No Scale) Site Inventory Notes: 1. 50115 Type: Mu (Murville fine sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation within the development area has been located and is labeled. 7. There Is no evidence of Jurisdictional wetlands on the site. 8. There Is no evidence of endangered species or habitat issues on the site. 9. This parcel 15 not Impacted by any 512eclal Flood Hazard Area (5FHA) as evidenced on FIRM Panel 3720313400K. 10. The site drainage flows into the Motts Creek drainage basin. Utility Notes: I . Existing water service Is provided by Cape Pear Public Utility Authority. Sanitary sewer service 15 hooked to a private septic system. 2. All utility services, such as electric power, CATV, gas * telephone shall be Installed underground. 3. Solid waste disposal will by dumpster pickup by a private contractor / hauler. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be Installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both Engllsh * Spanish - "Tree Protection Area / Do Not Enter." Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. Development Data: Tract Area - 142,789 s.f.± (3.28 ac.) Total Bldg. Area: 3994 s.f.± Existing Offices - I G02 s.f. Proposed Storage Bldg - 1 530 5.f.± Caretaker Unit - 8G4 s.f.± Bldg. Hgts.: Existing Offices - 1-story / 18' Existing Residence - 2 -5tory / 25' Proposed Storage Bldg_ - I -story/ 25' Parking - 3 132 s.f. Office $ Storage @ 1 5121400 s.f. = 8 Caretaker Unit @ 2 sp req'd. ** 15 spaces prov'd. ** Impervious Surfaces - Ex. Rooftops - 2,200 s.f.± 09 G,200 5.f.+ 132 Moh,can 7 3,450 5.f.± Subtotal - Road New Rooftop - 1,530 s.f.± New Gravel - I I ,GOO s.f.± Subtotal - 13,130 s.f.± K d Hidden volley Rood �°tc e� F-0aa 421 S Gre Rery6rzar S N Monkey o Junction 0 m Myrtle 6 r Grove Shopping WE Center P,he o� U� o° Vicinity Map (No Scale) Site Inventory Notes: 1. 50115 Type: Mu (Murville fine sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation within the development area has been located and is labeled. 7. There Is no evidence of Jurisdictional wetlands on the site. 8. There Is no evidence of endangered species or habitat issues on the site. 9. This parcel 15 not Impacted by any 512eclal Flood Hazard Area (5FHA) as evidenced on FIRM Panel 3720313400K. 10. The site drainage flows into the Motts Creek drainage basin. Utility Notes: I . Existing water service Is provided by Cape Pear Public Utility Authority. Sanitary sewer service 15 hooked to a private septic system. 2. All utility services, such as electric power, CATV, gas * telephone shall be Installed underground. 3. Solid waste disposal will by dumpster pickup by a private contractor / hauler. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be Installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both Engllsh * Spanish - "Tree Protection Area / Do Not Enter." Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. Development Data: Tract Area - 142,789 s.f.± (3.28 ac.) Total Bldg. Area: 3994 s.f.± Existing Offices - I G02 s.f. Proposed Storage Bldg - 1 530 5.f.± Caretaker Unit - 8G4 s.f.± Bldg. Hgts.: Existing Offices - 1-story / 18' Existing Residence - 2 -5tory / 25' Proposed Storage Bldg_ - I -story/ 25' Parking - 3 132 s.f. Office $ Storage @ 1 5121400 s.f. = 8 Caretaker Unit @ 2 sp req'd. ** 15 spaces prov'd. ** Impervious Surfaces - Ex. Rooftops - 2,200 s.f.± Ex. Pvmt. - G,200 5.f.+ Ex. Walks - 1, 180 5.f.± Ex. Gravel - 3,450 5.f.± Subtotal - 13,030 s.f.± New Rooftop - 1,530 s.f.± New Gravel - I I ,GOO s.f.± Subtotal - 13,130 s.f.± Total - 2G, I GO s.f.± (1(5.3 %) General Notes: I . New Hanover County Parcel Nos.: PIN - 3 134 1 5.72.1 770 PID - R07000 -002 -1 90 -000 PIN - 3 134 1 5.72.2954 PID - R07000- 002 - 020 -000 2. Tract Area: 3.28 ac.± 3. Zoning District: Existing - (CUD) O *I Proposed - (CZD) CB w/ SUP for Live /Work or Caretaker Unit 4. Comprehensive Plan Classification: General Residential M N 5 Graphic Scale 30 20 10 0 15 30 GO Property Address: 81 3 * 81 7 Piner Road Freedom Lawns Ma5onboro Township / New Hanover County / North Carolina Site E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Interim Planning & Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (520 -05) — Request by Design Solutions, on Behalf of the Property Owner, CWEST, LLC, for a Special Use Permit to Expand and Operate a Campground and Recreational Vehicle (RV) Park within the R -15, Residential District, Located at 9515 River Road BRIEF SUMMARY: The applicant is requesting a special use permit to expand Snows Cut RV Park, which is an existing 3.6 acre campground and recreational vehicle (RV) park to the east of the subject site initially approved in 2018. The proposed expansion is on a 4.2 acre parcel adjacent to the existing park and consists of the addition of 28 camping or RV spaces, a second bath house, and a third access point to River Road. Access is proposed to be provided to River Road from the subject property at three points. Two access points to River Road were approved with the 2018 special use permit, and visitors will be able to access this phase internally through an extension of one existing access point to the east, while a new access point to the south of the "T" shaped parcel is proposed. A driveway permit from NCDOT is required for this third access point, and the proposed expansion is anticipated to generate an additional 9 AM and 13 PM peak hour trips. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement fora Traffic Impact Analysis (TIA). The requested land use is similar to existing uses in the immediate vicinity. The property to the north of the subject site has been used as a campground /RV park since the early 1960s, and this proposal would provide an expansion of the first phase of Snows Cut RV Park approved in 2018. The properties on the remaining boundaries are currently undeveloped. The location is within close proximity to recreational opportunities including Snows Cut Park, Carolina Beach State Park, and attractions in Carolina Beach, Kure Beach, and Fort Fisher. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. The intent of this place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While recreational uses are encouraged in General Residential areas, uses such as RV parks and campgrounds are not specifically addressed in the Comprehensive Plan. However, these uses are common in many communities along the North Carolina coast, including New Hanover County, and can support tourism and public access to water and natural resources. The Planning Board considered this application at the December 3, 2020 meeting. No members of the public spoke in opposition to the request. The Planning Board recommended approval (6 -0) of the application and suggested condition based on the preliminary findings of fact. Board of Commissioners - January 19, 2021 ITEM: 26 RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: Suggested Condition: 1. Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park, no camping activity of any kind can occur in any required buff eryard or in the 15 -foot access easement that runs along the northern property line of the subject site. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Continued to February 1, 2021 by a vote of 5 -0. Board of Commissioners - January 19, 2021 ITEM: 26 SCRIPT for SPECIAL USE PERMIT Application (S20 -05) Request by Design Solutions on behalf of the property owner, CWEST, LLC, for a Special Use Permit to expand and operate a campground and recreational vehicle (RV) park within the R -15, Residential District, located at 9515 River Road. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. 13 Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the use meets all required condition and specifications: ® c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - January 19, 2021 ITEM: 26- 1 - 1 d. 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 Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition: 1 . Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park No camping activity of any kind can occur in any required bufferyard or in the 1 5 -foot access easement that runs along the northern property line of the subject site. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Board of Commissioners - January 19, 2021 ITEM: 26- 1 - 2 STAFF REPORT FOR S20 -05 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: 520 -05 ZONING Request: Campground /Recreational Vehicle (RV) Park (Carolina SUP to operate a Campground /Recreational Vehicle (RV) Park in the R -15, Residential District Applicant: Property Owner(s): Design Solutions CWEST, LLC Location: Acreage: 9515 River Road 4.2 acres PID(s): Comp Plan Place Type: R08800- 001 - 007 -000 General Residential Existing Land Use: Proposed Land Use: Undeveloped, Single - Family Residential Campground /Recreational Vehicle (RV) Park Current Zoning: R -15 R -15 Undeveloped SURROUNDING AREA LAND USE ZONING Campground /Recreational Vehicle (RV) Park (Carolina North R -15 Beach Family Campground) Campground /Recreational Vehicle (RV) Park (Phase I of East R -15 Snows Cut RV Park) South Undeveloped /Recreational (Snows Cut Park) R -15 West Undeveloped R -15 S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 1 Page 1 of 13 ZONING HISTORY April 7, 1971 Initially zoned R -15 (Area 4) COMMUNITY SERVICES Water /Sewer Aqua water service, private septic systems Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Carolina Beach Elementary, Murray Middle, and Ashley High Schools Recreation Snows Cut Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No know conservation resources Historic No known historic resources Archaeological No known archaeological resources EXISTING CONDITIONS AND PROPOSED CONCEPTUAL PLAN • The applicant is seeking to obtain a special use permit to add an additional phase to the Snows Cut RV Park consisting of 28 spaces, an additional bath house, and a third access point to River Road to the south of the subject property. • A Special Use Permit for Phase I of the park was approved in 2018 for 44 spaces on 3.6 acres directly to the east of the subject property. Currently, this phase is developed with approximately 19 spaces, and the remainder of the spaces are expected to transition from the previously existing mobile home sites to RV sites by the end of 2021. • An existing single - family residence is located on the southern portion of the tract and is proposed to remain for longer -term rental, potentially for a park manager. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 2 Page 2 of 13 Proposed Access Point to River Road Proposed Site Plan with Staff Markups To River Rd ----------- -- ZONING CONSIDERATIONS • Campgrounds and RV parks require a special use permit in the R -1 5 zoning district and are subject to supplemental standards within the county's Unified Development Ordinance (UDO), which generally address dimensional standards (setbacks, minimum space area, roadway dimensions, etc.), access requirements, sanitation and utilities, open space, fire safety, and registration. • The subject property is adjacent to an existing campground to the north and Phase I of Snows Cut RV Park to the east. The properties to the west and south of the "T" shaped portion of the subject property are currently undeveloped and are zoned R -15. • The UDO allows for multiple uses to be permitted on a parcel where the site layout can be achieved in compliance with applicable zoning district standards, use standards, and development standards. The existing single - family dwelling unit proposed to be used in conjunction with the RV park is in compliance with the applicable UDO provisions. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 3 Page 3 of 13 AREA SUBDIVISIONS UNDER DEVELOPMENT - �s , \� S20 -05 �✓ Town of Carolina Beach • 1 here are currently no subdivisions under development in the vicinity of the subject property in the unincorporated county. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 4 Page 4 of 13 TRANSPORTATION • Access is proposed to be provided to River Road from the subject property at three points. Two access points to River Road were approved with Phase I, and visitors will be able to access this phase internally through an extension of the internal road network to the east, while a new access point to the south of the "T" shaped parcel is proposed. A driveway permit from NCDOT is required for the third access point. Access Points to River Road in all Phases of Snows Cut RV Park S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 5 Page 5 of 13 N S20 -05 �R��er.Rd j�f " - River Rd Access to Primary Arterial Routes • The proposed expansion is anticipated to generate an additional 9 AM and 13 PM peak hour trips. Traffic Impact Analyses (TIAs) are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. A TIA is not required for this project due to the minimal projected peak hour trip generation figures; however, proposed access points will be reviewed through the county's Technical Review Committee and will require a driveway permit from NCDOT. • Because there have been no recent traffic impact analyses in the area addressing nearby intersections, staff has provided the volume to capacity ratio for River Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area to support the expected additional traffic. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 6 Page 6 of 13 NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C 9500 Block (Near River Road proposed southern 3,800 16,700 0.28 access point) Nearby Planned Transportation Improvements and Traffic Impact Analyses 1 Mile Radiusl _..._.. STIP Project Miles U I` 0 0.25 0.5 i, Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. There have not been any recent TIA's in the vicinity of the subject site that would impact the nearby transportation network expected to be used by development on this site. S20 -05 Staff Report BOC 1. 19.2021 Page 7 of 13 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 7 Nearby NC STIP Projects: There are no nearby NC STIP Projects within the improvements that affect this proposal. 1 -mile radius of the subject property that include ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. • The subject property is within the Telfairs Creek (SC;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitation) soils. The location of septic fields as shown on the site plan will be subject to approval by New Hanover County Environmental Health. OTHER CONSIDERATIONS SCHOOLS • Under the county's performance residential standards, the subject property could allow up to 1 1 single - family dwelling units to be constructed at a density of 2.5 du/ac. Using the generalized historic student generation rate, development under the current zoning district can be estimated to generate approximately 3 students. • Under the proposal, these units are not typically occupied by full time residents with students in the school system as they will not be permanent units and are intended for transient lodging. CONTEXT AND COMPATIBILITY • The property to the north of the subject site has been used as a campground/RV park since the early 1960s. • A Special Use Permit for a campground /travel trailer park on the property to the east of the subject site was approved by the Board of Commissioners in 2018, and this proposal would provide an expansion of that facility. • Adjacent properties to the west and south are currently undeveloped, and transitional buffers will be required along common property boundaries to these properties. • The location is within close proximity to recreational opportunities including Snows Cut Park, Carolina Beach State Park, and attractions in Carolina Beach, Kure Beach, and Fort Fisher. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 8 Page 8 of 13 Representative Developments of CampgroundsIRV Parks Phase 1, Snows Cut RV Park Phase 1, Snows Cut RV Park Wilmington KOA Holiday, Market Street S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 9 Page 9 of 13 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. u - _ - Place Types COMMUNITY f �„ MIXED USE GENERAL RESIDEW: R -10 R -1 S 520 -05 RIVER — O a lJ I I CONSERVATION NeU,rHI1I ter' =cu�iC i9C Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. Though recreational uses are encouraged in General Residential areas, uses such as RV parks and campgrounds are not specifically addressed in the Comprehensive Plan. However, these uses are common in many communities along the North Carolina coast, including New Hanover County, and can support tourism and public access to water and natural resources. Analysis The proposed RV park and campground is located immediately adjacent to an existing campground and public recreation amenities. During their consideration of the 2018 special use permit for the existing Snows Cut RV Park, the Board of Commissioners found that the use aligned with the intent of the General Residential land use classification, would provide recreational opportunities, would have few impacts on existing residential neighborhoods, and was generally compatible with the existing residential and recreational development pattern in the area. S20 -05 Staff Report BOC 1. 19.2021 Page 10 of 13 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 10 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from River Road, a minor arterial street that is operating with adequate capacity to accommodate the projected number of trips from the proposed development. B. A driveway permit must be obtained from NCDOT for the additional proposed access point to River Road. C. Water services must be provided and designed in accordance with Aqua's standards. Wastewater services must be provided and designed in accordance with DEQ Division of Waste Management's and NHC Environmental Health Services' standards. D. The subject property is located in the New Hanover County South Fire Service District. E. The site is not located within any Special Flood Hazard Area. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned R -1 5, Residential District. B. Campgrounds and RV Parks are allowed by special use permit in the R -15 zoning districts. C. The UDC) allows for multiple uses to be permitted on a parcel where the site layout can be achieved in compliance with applicable zoning district standards, use standards, and development standards. The existing single - family dwelling unit proposed to be used in conjunction with the RV park is in compliance with the applicable UDC) provisions. D. A site plan has been included as part of the special use permit application and demonstrates that the requirements of the UDC) will be met. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding land uses include an existing travel trailer park and low- density residential. The subject property is not located adjacent to residential neighborhoods. B. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 11 Page 11 of 13 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The 2016 Comprehensive Plan classifies the area proposed for the development as General Residential, and the proposal aligns with the intent of this land use classification. The proposal provides recreational opportunities, is not estimated to generate a large amount of traffic on the roadway network, is an expansion of a previously approved RV park, and is located next to an existing travel trailer park in an area containing few single - family homes. Suggested Condition 1. Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park, no camping activity of any kind can occur in any required bufferyard or in the 15- foot access easement that runs along the northern property line of the subject site. PLANNING BOARD ACTION The Planning Board considered this application at the December 3, 2020 meeting. No members of the public spoke in opposition to the request. The Planning Board recommended approval (6 -0) of the application and suggested condition based on the preliminary findings of fact. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Suggested Conditions: Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park, no camping activity of any kind can occur in any required bufferyard or in the 1 5 -foot access easement that runs along the northern property line of the subject site. S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 12 Page 12 of 13 Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons why it is not being met] S20 -05 Staff Report BOC 1. 19.2021 Board of Commissioners - January 19, 2021 ITEM: 26- 2 - 13 Page 13 of 13 Case: Site Address: S20 -05 9515 River Rd R -.10 500 Feet Q 1. G1 Existing Zoning/Use: R -15/ Single Family Home Subject Site Board of Commissioners - January 19, 2021 ITEM: 26- 3 - 1 Proposed Use Campground /RV Park N . O 7 , � [Y t 00 A , I: Zoning Districts B -1 AC R-5 EDZD CB 1 -1 R -7 PD B -2 1 -2 R -10 RMF -X Cs AR R -15 RMFU 5C RA R -20 UMXZ o &I JtR-20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) Coa See Section 55.1 of the Zoning Ordinance F Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: Proposed Use S20 -05 9515 River Rd R -15/ Campground /RV Park Single Family Home 500 Feet �L l i� /—, /i GENERAL I Subject Site RESIDENTIAL ,aver goad-, SERVAT Board of Commissioners - January 19, 2021 ITEM: 26- 4 - 1 Privy COMMUNITY MIXED USE 4 Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE 0 COMMUNITY MIXED USE v m RURAL RESIDENTIAL o CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Use it S20 -05 9515 River Rd R -15/ Campground /RV Park Single Family Home N Qj R -10 �[� 11 i Ui 500 • Feet r] N -January 19, 2021 ITEM. 26- 5 - 1 �� fi h R -15 0 516 7817 7816 7817 +n • .16 • • • 9709 510 7821 7820 7821 7820 819 • ll�� �ti Site • 78zo • •y • • • 7822 7823 7822 7821 500 j 04 7824 7825 • • • • • 7824 7824 * • • 9705 9701 �� • Private • Subject Site 0 9641 V__ 9533_9533 9533 9533 9533�� .9533 9533R`g533 9533 8533 •• 1 • 9533 9415 9417 0421 9533.9533.9533 9617 �53s f • " 9623 j 9 533 95 i 9533— - —9533 - 9533 �9 +33} 9533 8533 9533 *9533* 9533 • • 9533 + 9533 9533 9425 0 9515 9533 9533 • v m c 9515 0 Read � River • Feet r] N -January 19, 2021 ITEM. 26- 5 - 1 �� APPLICANT MATERIALS Board of Commissioners - January 19, 2021 ITEM: 26- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (9 T 0) 798 -7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. Public Hearing Procedures I (0ptlonal.a 1 *I /pr cummunityr A i3pi itzitior, Pl.w1girng PulIlc Me3Hr% Rlimning glyArd Haas r71 posq-01teasrn41 conrMTnnca Infwm4tlon aaitm'[sad & i)ireelor i$n4agw, 5chlad illpAu $ Ilonrhng & Gamma ssicwrer=_ Urnija11pna An4 MaaLing Axce13clinr,P $Stall Reporl Notification Rctc9m. Iol ourinq d, Anknne iTRC Qfal.o+raly irwrsnailon Oaclsinn *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) CINDEE WOLF CWEST, L.L.C. Company Company /Owner Name 2 DESGIN SOLUTIONS Existing Zoning and Use(s) Address Address PO BOX 7221 701 E CHATHAM STREET, SUITE 201 City, State, Zip City, State, Zip WILMINGTON, NC 28406 CARY, NC 27511 Phone Phone 910- 620 -2374 919 - 604 -6166 (CURTIS WESTERBROOK) Email Email CWOLF @LOBODEMAR. BIZ CURTISSR @WESTBROOKCARY.COM 2. Subject Property Information Address /Location Parcel Identification Number(s) 9515 RIVER ROAD 313113.23.2694 [R08800 -001- 007 -000] Total Parcels) Acreage Existing Zoning and Use(s) Future Land Use Classification 4.20 ACRES + /- R -15 / VACANT GENERAL RESIDENTIAL Applicant Tracking Information (This section completed by staff) Case Number. Date /Time Received: I Received by: Page 1 of 6 Board of Commissioners - Janul�,e illVs2e'Permit Application -- Updated 02 -2020 ITEM: 26- 7 - 1 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). THE PROPOSED PLAN IS TO EXPAND THE RECENTLY COMPLETED RV & TRAVEL - TRAILER PARK ON ADJACENT PROPERTY WITH TWENTY -EIGHT (28) ADDITONAL PADS. IMPROVEMENTS WILL INCLUDE STABILIZED DRIVES THROUGHOUT THE PARK, AND WITH ANOTHER INTERSECTION TO RIVER ROAD, FOR SAFE CIRCULATION AND EASY ACCESS FOR EMERGENCY VEHICLES. A SECOND BATH -HOUSE WILL BE INSTALLED ELECTRIC & WATER HOOKUP SERVICES WILL BE AVAILABLE AT EACH PAD. A SOLID WASTE DUMPING STATION IN THE FIRST PHASE WILL BE AVAILABLE FOR THIS PHASE, ALSO. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. REFERENCE THE SITE PLAN FOR LAYOUT, DETAILS AND TECHNICAL INFORMATION. ALL PRESCRIBED CONDITIONS FOR THE "CAMPGROUND / RECREATIONAL VEHICLE PARK," AS LISTED IN THE UNIFIED DEVELOPMENT CODE WILL BE SATISFIED. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: CAMPGROUND / RV PARK (416) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 28 PADS AM Peak Hour Trips: @ 0.32 = g PM Peak Hour Trips: @ 0.48 = 13 Page 2 of 6 Board of Commissioners - Janugyejk3I4A;1Permit Application — Updated 02 -2020 ITEM: 26- 7 - 2 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). f 4 Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify if regardless of its impact on the value of adjoining property. THE PROPOSAL IS AN EXPANSION OF AN EXISTING RV & TRAVEL TRAILER PARK. THE IMPROVEMENTS MADE FOR THAT DEVELOPMENT ENHANCED THE SAFETY AND AESTHETICS OF THE AREA. THERE HAS BEEN NO EVIDENCE OF AN ADVERSE EFFECT ON THE LAND ' VALUES OF SURROUNDING PROPERTIES WITH THE RECENT REVALUATION COMPLETED BY COUNTY TAX APPRAISAL. THE NEW PROJECT WILL PROVIDE COMPLIANCE WITH CURRENT REGULATIONS, VISUAL SCREENING AND CONTINUED ENHANCEMENT OF THE OVERALL AREA. 4. 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 New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. THE TRACT IS LOCATED IN THE "GENERAL RESIDENTIAL" PLACE -TYPE, WHICH IS INTENDED TO SUPPORT LOWER - DENSITY HOUSING AND RECREATIONAL OPPORTUNITIES. THIS PARCEL IS ADJACENT TO THE NEW HANOVER COUNTY SNOWS CUT PUBLIC PARK, ACROSS THE WATERWAY FROM THE CAROLINA BEACH STATE PARK, AND NEAR THE OCEANFRONT OF CAROLINA BEACH. THE LOCATION MAKES PERFECT SENSE FOR THIS TYPE OF USE. THE COMPREHENSIVE LAND USE PLAN FOCUSES ON BUILDING THE ECONOMY WITH TOURISM, INCREASING PUBLIC ACCESS TO RECREATIONAL FACILITIES INCLUDING OUR WATERWAYS & AND OTHER NATURAL RESOURCES, AND ENHANCING THE UNIQUE CHARACTER AND HISTORY OF THE AREA. Page 4 of 6 Board of Commissioners - JanugW %l Z991Permit Application — Updated 02 -2020 ITEM: 26- 7 - 3 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "N /A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Applicant Application Checklist Initial Stall Initial ❑ This application form, completed and signed CAW ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). CAW ❑ Traffic Impact Analysis (if applicable) N/A ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right -of -way dedication; plans for access to and from the tract; location, width, and right -of -way for internal streets and locations; arrangement and access provisions for parking areas All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage The location of Special Flood Hazard Areas, if applicable 4 The approximate location of US Army Corps of Engineers Clean Water Act Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. a Location, species, and size (DBH) of regulated, significant, or specimen trees • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. + Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) CAW ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use N/A One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional ❑ hard copies may be required by staff depending on the size of the document /site plan. CAW 1(�J ❑ One (1) digital PDF copy of ALL documents AND plans CAW Page 5 of 6 Board of Commissioners - Janu *ell Wpermit Application — Updated 02 -2020 ITEM: 26- 7 - 4 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. Signature of Property Owner(s) (\"A, C , 'AX Signofu of Appliconf /Agent Curtis Westerbrook, Sr. for CWEST, L.L.C. Print Name(s) Cynthia A. Wolf / Design Solutions Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The land owner or their attorney must be present for the application at the Public hearings. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be colendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Applicant Tracking Information (This section completed by staff) Application Completeness Determination Determination Performed on Planning Board Receiveck Required by (date): (date): Meeting. � I$J 'J' to115 170 J%lq I v, li) 5 12-° Page b of b Board of Commissioners - JanuaWG6%IW lPermit Application — Updated 02 -2020 ITEM: 26- 7 - 5 PROPOSED SITE PLAN Board of Commissioners - January 19, 2021 ITEM: 26- 8 - 1 n/f Boyd Knapp Zoning: R -1 5 Rev Trust Land Use: Campground D.B. 5793 -089 I ao N 89 °54'49" E z 2, G05.G8' 20�e ISpine J 12oak _- \ • 30pm 1 J51P�lVate Access Esm / t2F2,- 32o, \ —\jam'— \ 1 40 ne \ 18,,x.6 / 20oak � n/f Troy Slaughter D.B. 6337 -1 102 Zoning: R-1 5 Land Use: Vacant n/f CWeSt, LLC D.B. LOGO -319 Zoning: R -1 5 Land Use: RV Travel Trailer Park J1 Ex. Private Gravel Drive IEmergency Turnaround I 1 1 n/f CW _5t, LLC D.B. 6029 -500 Zoning: R -1 5 Land Use: Mobile Home Park Vicinity Map (No Scale) -- 4 i8oak s S 89 °53' 1 8" W 9 1 9 1 .49' zo°a 8 .1, gi 5 89 °53'36" W G�b.00 12oak I - -� Note: No camping activities or parking of 2�oak '9 vehicles may occur within the designated lapne\ �� 1 Existing buffer yard. Existing plantings In the / Mobile buffers will be supplemented as 1 120-1, \ �0p Homes necessary to meet the visual screening opacity regirements. Proposed 10' Buffer II w/ G- 10' High Wooden 24pme Screening Fence I / � � Development Notes: i) I Soak t- 2 Rows Evergreen / / 1 I . All development shall be In accordance with Shrubs at 3' Min. Hgt. 1 / 1 \ ❑ the New Hanover County Zoning Ordinance. (all existing trees /24pin 2. Project shall comply with all Federal, State New Iboak ti ti 1 Hanover County regulations. to remain undisturbed) n/f — 24-1, Development Data: k 24pine ��- \ �- � Lauralye Weaver 20 n/f Proposed Land Use: RV � Travel Trailer Park D.B. 3430 -1 G2 0 1 Panorama Total Camp Sites: 28 / 24oak �;� / \ Properties, LLC Area of Lots - I .5 I ac.± Utility Notes: Zoning: R -1 5 z � 24oak _ 1 D.B. 6 132-1055 Area of Road Esmt. - 0.77 ac.+ 1. Existing water service is available to the Land Use: Vacant – / 30o \ 20 Area of Open Space - 0.57 ac. to the site from Aqua Utilities' Slte Inventory N0te5: � I / I � p ) (@ 1 /4 ac. per 50 lots re d. 2. The toilet facilites will be serviced by a septic system, ZOrIInGj: R -1 5 1. A sewage dumping station will be provided for Sods Type: Wa (Wakulla sand) 1 36oak I No o Land Use: Vacant appropriately equipped vehicles. / — 2. This property is not impacted by any AEC. 1 I �, T� 3. All utility services, such as electric power, CAN, •2 1 Q gas *telephone shall be installed underground. 3. There area no Conservation Overlay boundaries affecting this property. 4. Trash disposal will be by dumpster pickup by i 4. This site is not impacted by any recognized �• / Ordinance Requirements: private contractor / hauler. historic or archeological significance. Legend : 5. No cemeteries were evidenced on the site. 1 I . All lots are a minimum of 20' wide with G. Existing vegetation will be located durmg �9 J an area greater than 2000 s.f. detailed design 4 permitting. - Hardood Trees �O to be Preserved -. Ex. House b 2. Each site shall consist of a minimum area 7. There is no evidence of Jurisdictional wetlands 1 N on the site. A 1 `- to Remain \ Tree Preservation Notes: � 36oak to accomodate at least one (I) motor home c:: for Rental � one (I) vehicle. 8. There is no evidence of endangered species or Pine Trees / I . Tree Preservation / Removal Permit is required prior habitat issues on the site% to be Preserved 28oQk l to clearing E land disturbance. 9. This property is not within any flood Hazard area 1 � 3. The project shall be graded to prevent as evidenced on N.C. Flood Maps 1 \ / any water from ponding or accumulating within 2. Prior to any clearing, grading N Fl M T or construction activity, tree p Trees necessary to remove � � / protection fencing will be installed around protected trees or 372031 3 1 OOJ. / for essential site improvements 1 4p the park. Each space shall be reasonably flat groves of trees and no construction workers, tools, materials, (Note: Measurements are preliminary. I and provided with adequate drainage away or vehicles are. permitted within the tree protection fencm 10. The site dramage flows into the Cape Fear River p 9• dramag A detailed tree removal plan will be e basin, into SC classified waters. I • ' from the space. 3. Protective fencing is to be maintained throughout the duration prepared during construction design of the project. Land clearing and construction contractors 4 permitting.) 1 shall receive adequate instruction on tree protection \ I _� / 1 requirements and methods. \ _ o 4. Protective fencing will be labeled with signs to be placed every General Notes: fifty (50) linear feet, or at least two (2) signs per area, in �� - Primary Septic fields t 24pine both English T Spanish -'Tree Protection Area Do Not Enter..' t Repair fields located by Health 28-k I . New Hanover Count Parcel Nos.: l Dept. approval 1 - - 3 1 3 1 13.23.2G94 [RO8800 -001- 007 -000] 6 ► — ��� 2. Total Tract Area: 3.GO ac.± 26pme 1 \� ao, Setback _ _ 3. Zoning District: R- 15 20 1 4. Comprehensive Plan Place -type: General Residential I V 18" I8" \ 24oa1, 0-1, \ Shldr. I G' Travel Width 5hldr. Ditch - Typical 30' RV or Travel Trailer w/ 1 /1 Mid -sized Passenger 1 fire Vehicle / 024-1 Hyd. I'vFt. � I'iFt. 2 oak 53.0 tiYo 1 kW _ — ,9 New Hanover w E 3:I MAX. - �� �� County SLOPE �/ 8" Gravel Base \�� 3SL0P MAX. 3 ine — — _ _ / Ex. Snows Cut Park TO GRADE TO GRADE / / Driveway Typical Gravel Roadway _ S _ � New Access Graphic Scale by NCDOT _ Driveway 30 20 10 0 15 30 GO Permit 11001 ,•����N CAR 01//, HIV er R° a ). 3oX 7221 O' : DS 9 �Q Project No.: 20 -33 Owner / Developer: �o '` : Property Address: 95 15 River Road gtovt, NC 28400 10 -620 -2374 = ,� �\ 7 ��� y _ I - 30 CWEST, L.L.C. S ec a I Use '" y�� ;• ` Date. 0/08/20 70 I E. Chatham St., Ste. 20 5 nOW5 C RV Travel T Park Ex an510 _ Permit Plan Cary, NC 275 I I �\\'�j`•Cii',f ,� '•••••••••••' `�� � Revisons: 1 2/1 1/20 for r • \ _ ��V / I V / Ai i A��V`V`\�"�`` buffer Option )esrgvt So�utrov�s Harnett Township / New Hanover County / North Carolina ITEM: 26- 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/19/2021 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Olson - Boseman CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County Parks and Recreation Advisory Board • New Hanover County Tourism Development Authority • Wilmington Regional Film Commission RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made. New Hanover County Parks and Recreation Advisory Board: Joseph Irrera was appointed. New Hanover County Tourism Development Authority: Jason S. Bryant was reappointed in the Vacation Rental Properties 100+ Owner /Manager category. Wilmington Regional Film Commission: Bill (William) Vassar was reappointed. Board of Commissioners - January 19, 2021 ITEM: 27 COMMITTEE APPOINTMENT New Hanover County Parks and Recreation Advisory Board Vacancy: Term: Unexpired, expiring 6/30/22 Applicants Eligible For Reappointment Nominations Joseph Irrera Attachments: Committee Information Sheet Application Board of Commissioners - January 19, 2021 ITEM: 27- 1 - 1 NEW HANOVER COUNTY PARKS AND RECREATION ADVISORY BOARD Number of members: 8 (includes Board of Education Member and Assistant County Manager) Term of Office: three years - may not serve more than two consecutive terms and cannot be reappointed until at least one year after last term. Qualifications: County resident 18 years of age or more who has a sincere interest and commitment to the importance of park and recreation services; a willingness to give freely of time and energy to learn about and to carry out responsibilities; the ability to work well with all other Board members; complete open- mindedness and respect for varied points of view and consideration of all Board business; good judgment, intelligence and courage of conviction; a dedicated interest in the Park and Recreation welfare of all citizens of the county; the capability of speaking out and articulating parks and recreation needs; the ability to accept and weather criticism gracefully; the strength to refuse to be intimidated by pressure groups and issues which are not in the best interest of the whole county; a strong feeling for team work between the Director, Board of County Commissioners, and other Advisory Board members and a desire to truly know the community and the recreational needs of all citizens. Regular Meetings: First Wednesday of every month at 8:00 a.m. in the Parks Conference Room of New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC 28403. Statute or cause creating Board: Board was established by the Commissioners at their meeting of June 20, 1988 and adoption of By -Laws Governing the Advisory Board at July 18, 1988 meeting. Board of Education Member included on March 22, 1999. Replaced Commissioner representative with designee - Assistant County Manager position, December 19, 2011. Compensation: None - member may be reimbursed for actual expenses incurred in the performance of duties as long as such expense receives the prior approval of the Board of Commissioners or its designated agencies and is within the approved budget. Brief on the functions: The Board shall suggest policies to the Department, the Manager, and the Board of County Commissioners; serve as liaison between the Department, the Manager, the Board of County Commissioners and citizens of the county; shall consult with and advise the Department, the Manager, and the Board of County Commissioners in matters affecting recreation policies, program, personnel, finances, and the acquisition and disposal of lands and properties related to the total county recreation program, and to its long- range, projected program for recreation. The Board shall assume duties for park and recreation purposes as follows: (1) Make recommendations to set apart land for use as parks, playgrounds, recreation centers, water areas, or other recreation areas and structures, and suggest improvements of such lands and for the construction, equipping, and staffing of such buildings and structures as may be necessary to operate the park and recreation program. (2) Advise in the acquisition of lands and structures through gifts, purchase, lease or loan. (3) Advise in the acceptance by the County of any grant, gift, bequest or donation, any personal or real property offered or made available for park and recreation purposed and which is judged to be of present or possible future use for parks and recreation. (4) Advise in the construction, equipping, operation, and maintenance of parks, playgrounds, recreation centers and all building and structures necessary or useful to Department function, and advise concerning other park and recreation facilities that are owned or controlled by the County, or leased or loaned to the County. Board of Commissioners - January 19, 2021 ITEM: 27- 1 - 2 PARKS & RECREATION ADVISORY BOARD (CONT.) Board of Commissioners - January 19, 2021 ITEM: 27- 1 - 3 rA TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Malik Shabazz First 6/15/2020 6/30/23 1114 Fanning St. Wilmington, NC 28403 980 - 259 -2247 (C) 910 - 343 -1901 (W) John Hinnant, Chair Unexpired 6/17/19 6/30/21 219 N. 23rd St. Wilmington, NC 28405 910 - 619 -3430 (C) Nicholas J. Leger, Vice -Chair Unexpired 1/22/19 6/30/20 2114 Plaza Dr. First 6/15/20 6/30/23 Wilmington, NC 28405 910 - 398 -5442 (C) 910 - 769 -6884 (W) Steven M. Morrissey First 6/18/18 6/30/21 2132 Forest Lagoon Place Wilmington, NC 28405 919 - 949 -1368 (C) Patrick D. O'Mahony First 6/20/16 6/30/19 7127 Loqust Drive Second 6/17/19 6/30/22 Wilmington, NC 28405 724 - 981- 7931(C) Densay Sengsoulavong First 6/17/19 6/30/22 1015 Nutt St., Apt. 465 ' 1 Wilmington, NC 28401 910 - 431 -2395 (H) Board of Education: Judy Justice 6410 Carolina Beach Road Wilmington, NC 28412 Judy.justice @nhcs.net County Commissioner Designee: Appt. 7/12 Undesignated Assistant County Manager: Tim Burgess 230 Government Center, Suite 195 Wilmington, NC 28403 Office 910 - 798 -7184 Tara Duckworth, Director NHC Parks and Gardens 230 Government Center Drive, Suite 120 Wilmington, NC 28403 File: /Parks 910- 798 -7198 Revised: 12/2020 Board of Commissioners - January 19, 2021 ITEM: 27- 1 - 3 rA Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Joseph Irrera < application @webformsnhcgov.com> Sent: Tuesday, December 22, 2020 8:35 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Parks and Recreation Advisory Board Board or Committee being applied to: New Hanover County Parks and Recreation Advisory Board Name Joseph Irrera Email ja i i raci06(a0ya hoo.com Home Address 2225 Whiskey Branch Drive Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) 2225 Whiskey Branch Drive Wilmington, North Carolina 28409 United States Map It Home Phone (910) 264 -5372 Years living in New Hanover County 34 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race White Age 60 Do you have a family member employed by New Hanover County? No Applicant's Employer Retired Occupation 1 Board of Commissioners - January 19, 2021 ITEM: 27- 1 - 4 Retired Military Professional Activities Vice President - Military Officers Association of America (SENCLAND), Marine Corps League, American Legion, Veterans of Foreign Wars, Orient Lodge Volunteer Activities President - Veterans Memorial Reef: non - profit organization 501 c3 Why do you wish to serve on this board or committee? We have access to beautiful facilities in New Hanover county which require maintenance and attention to remain in that condition. I feel an obligation to serve and contribute. What areas of concern would you like to see addressed by this committee? No areas of concern just a continued clean, safe environment for New Hanover County residents to enjoy. Qualifications for serving: I have vast experiences in leadership, planning, operations, teaching and management. In the military sector, I retired as a Marine Corps Colonel with a broad spectrum of executive level leadership, planning and operations experiences. In the private sector, I have a tremendous amount of management and teaching experience. All of which contributes to my ability to develop projects from a strategic vision through operational execution. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Dane Scalise Reference 1 Phone (828) 443 -3435 Reference 2 Hank Estep Reference 2 Phone (910) 232 -8272 Reference 3 David Benford Reference 3 Phone (910) 264 -8999 Date 12/22/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. DEC 13 2020 2 Board of Commissioners - January 19, 2021 ITEM: 27- 1 - 5 COMMITTEE APPOINTMENT NHC Tourism Development Authority Vacancy: Category: Vacation Rental Properties 100+ Owner /Manager Term: 3 years, expiring 12/31/23 Attachments: Committee Information Sheet Application Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 1 Eligible For Applicants Category Reappointment Nominations Vacation Rental Jason S. Bryant Properties 100+ X Owner/Manager Attachments: Committee Information Sheet Application Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 1 I toil 1 114 Rtfi 0 1] aTj A IM :1 LT11:4 0 1 WA*lj I o L*1 IAN 0 WA Term of Office: 3-years with no one serving more than two consecutive full terms (excludirFg- Chairman of Commissioners and Mayors). Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at various !ocations in the county. CURRENT MEMBERS Anne E. Brodsky Kure Beach First 12/20/10 12/31/13 Palm Air Realty Hotel Second 12/9/13 12/31/16 133 N. Ft. Fisher Boulevard Owner/Manager Third 2/20/17 12/31/19 Kure Beach, NC 28449 Fourth 2/17/20 12/31/22 910-458-5269 (W) 910-228-7810 (C) Jason Spencer Bryant, Vice-Chairman Vacation Rental Unexpired 12/31/17 4104 Conner Ct. Properties 12/19/16 Wilmington, NC 28412 (100+) First 12/18/17 12/31/20 Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 2 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 2 Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Michael (Hap) Fatzinger Tourist Attraction Unexpired 9/21/20 12/31/22 7031 Cayman Court Wilmington, NC 28405 910 - 622 -4621 (C) Natalie H. English Chamber of First 4/17/17 12/31/19 5736 Wisteria Lane Commerce Second 12/16/19 12/31/22 Wilmington, NC 28409 704 - 968 -0956 (C) 910 - 762 -2611 (W) Nicole Jones Wilmington Hotel Unexpired 11/13/18 12/31/20 302 Dogwood Lane (s 150) First 12/7/20 12/31/23 Wilmington, NC 28409 Owner /Manager 910 - 262 -6115 (C) 910 - 313 -0824 (H) 910- 395 -8224 (W) Steve Varieur Wrightsville First 9/21/20 12/31/23 1505 Covey Lane Beach Wilmington, NC 28411 Hotel 910 - 262 -5942 (C) Owner /Manager Charles Pennington Bed & Breakfast Unexpired 9/20/04 12/31/06 The Verandas Bend and Breakfast Owner /Manager First 12/18/06 12/31/09 202 Nun Street Second 1/19/10 12/31/12 Wilmington, NC 28401 Third 12/17/12 12/31/15 910 - 251 -2212 Fourth 12/14/15 12/31/18 Fifth 2/18/19 12/31/21 Daniel Perkins, Chairman Wilmington Hotel Unexpired 8/22/16 12/31/17 Hotel Ballast ( +150) First 12/18/17 12/31/20 301 No. Water St. Owner /Manager Second 12/7/20 12/31/23 Wilmington, NC 28401 910 - 763 -5900 (W) 910 - 232 -6021 (C) 910- 399 -6269 (H) 910 - 763 -0038 (F) Angela Rhodes, Secretary Restaurant First 12/17/12 12/31/15 Catch Modern Seafood Cuisine & Owner /Manager Second 12/14/15 12/31/18 Phun Seafood Bar Third 1/22/19 12/31/21 803 Calico Crossing Wilmington, NC 28411 910 - 777 -9551 (C) 910 - 799 -3847 (W) Tom Ullring Carolina Beach First 2/17/20 12/31/22 6521 Settlers Dream Place Hotel Wilmington, NC 28409 Owner /Manager 336- 402 -6270 (C) 910 - 458 -2030 (W) Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 3 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 3 Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 4 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Ex- officio Members: TBD New Hanover Undesignated County Commissioner Mayor LeAnn Pierce Carolina Beach 12/19 Undesignated Mayor Craig Bloszinsky Kure Beach 12/17 Undesignated Mayor Bill Saffo City of 12/09 Undesignated Wilmington Mayor Darryl Mills Wrightsville 12/19 Undesignated Beach Lisa Wurtzbacher, Treasurer New Hanover 8/12 Undesignated County Finance Officer Contact: Kim Hufham, President/CEO File:/TDA Wilmington and Beaches CVB Revised: 12/2020 505 Nutt Street, Unit A Wilmington, NC 28401 910 - 341 -4030 (W), 910 - 520 -9194 (C), 910 - 341 -4029 (F) Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Telephone (910) 798 -7149 FAX (910) 798-7145 COMMITTEE APPLICATION Board(Committee: NHC Tourism Development Authority 0 Ni (Y,_ Name: Jason Spencer Bryant E -Mail: JSBryant@BryantRE.com Home Address: 4104 Conner Ct, Wilmington, NC 28412 �p ZoSd�e Mailing Address if different: 221 &kAd5u-1k �9d4 (c 4f) �y (Zip Code) Home Phone: 910- 297 -6812 Fax: Cell: 910- 297 -6812 Business: 256 -3764 Years living in New Hanover County. 3 Male: ✓ Female: Race: White Age: 33 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name No Employer. Bryant Real Estate A person currency employed by the agency or department for which this application is made, must resign 17#&4w position with New Hanover County upon appointment, in accordance with Artide Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Real Estate General Manager Professional Activities: Volunteer Activities: CYC Mentor, Junior Achievement, Habitat for Humanity Why do you wish to serve on this board/committee? I am a Wilmington native who recently moved ba- ck. I have vested interest & a love for this town; I want to help it grow intelligently. Conflict of Interest: if aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of Nsrher respective board during a public meeting. The member shroud state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either direct or indrect in the issue under consideration. The member should then excuse himsel0mrself from voting on the matter. What areas of concern would you like to see addressed by this committee? Not all torrism is created equal. I want to ensure we maximize our potential draw throughout the calendar year, Qualiftcadonsforserving: I grew up knowing the tourism & vacation rental market at Bryant RE. Business accumen: MBA, BSIE, prior employers were GE & top consulting firm McKinsey & Co. Other municipal or county boards/committees on which you are serving: none List three local personal references and phone numbers: R E C E I V E D 1. Ken Lloyd - 910- 686 -1885 Nn- v 6 2 g 201 2 Synde Lewis - 910 - 431 -6861 'YF � U $ John Pierson - 910 - 297 -6815 Date: 11/28/16 U � -" `�I P Q 12,0 Signature Applications are kept on rite for 18 months t understa at any board mittee appointee may be removed without use by a majo ' of County Commissioners. Please use reverse side for additional comments Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 5 Jason S. Bryant 4104 Conner Ct. Wilmington, NC 28412 November 28, 2016 To NHC Tourism Development Authority I am writing you in response to the current vacancy for the NHC Tourism Development Authority. I 'am the current GM managing all operations of Bryant Real Estate, which has a large focus on Vacation Rentals. It would be a privilege to have the opportunity to prove myself a valuable asset to the board by leveraging not only my industry knowledge, but my business acumen to further tourism development in our area. I can offer over a decade of professional leadership experience working in a variety of leadership roles at General Electric as well as a top consulting firm, McKinsey & Company. I have a record of strong analytical and interpersonal capability that has proven invaluable in both public and private sectors that I have served. I have held various roles throughout my career, managing upwards of 40 salary reports and 100+ hourly members. I grew up watching Wilmington change over the years, and I want to be a steward for future development. Despite only having a few recent years in the industry after returning home, I know this market both locally and globally. My strategic experience at arguably the top global consulting firm gives me a unique aptitude to not only develop a growth development strategy, but to execute the plan. I am confident that with the combination of my education and professional background I could become an asset for NHC Tourism Development Authority. I have attached my application and resume for your review, and welcome the chance to speak with you regarding my fit. Please contact me at 910 - 297 -6812 if you have any additional questions. Thank you for your time and consideration. Sincerely, Jason S. Bryant Enclosure Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 6 JASON BRYANT 4104 Conner Ct, Wilmington, NC 28412 910 - 297 -6812 • JasonSBryant2CcD-g mail. com Executive level manager with focus in strategy and operations Highly analytical executive leader with extensive operations experience driving long -term transformative and sustainable change to generate the greatest return on investment. Seamlessly weaves distinctive strategic thought with aspirational operational views to deliver the greatest impact. Sought as a thought partner with senior C -Level suite executives to help solve their most challenging problems. Executive Leadership • Consultant • Financial Modeling and Valuations • Distinctive Problem Solver • Change Management • General Manager • Operational Expertise • Manufacturing Expertise PROFESSIONAL EXPERIENCE Bryant Real Estate, Wrightsville Beach, NC • General Manager (2015- Present) Bryant Real Estate is a full service real estate company operating in south eastern North Carolina for going on 65 years providing property management for long -term and vacation rentals, as well as sales services. • Interviewed the entire company, lead collaboration on a vision statement with key objectives that focused on employees, customers, and operational rigor to drive fundamental shift in performance. • Key initiatives completed: Created employee development tracks, improved compensation package with robust healthcare, 401(k) matches, and merit based bonus structures. Built new managerial accounting system to improve clarity and fact based decisions. Designed dynamic pricing model to maximize rental revenues and occupancies. Drove new technology implementation of electronic contracts, new websites, home automation, and automatic payments. McKinsey & Company (2012 -2015) McKinsey & Company, Atlanta, GA • Senior Implementation Coach (2012 -2015) Global leader of business consulting serving public and private sectors and routinely rated by Forbes as a top 5 company for developing leaders tthat make distinctive, lasting, and substantial improvements. Integrated Industrial Manufacturer Client (6 months) • Led team of 4 McKinsey consultants to drive a change program across a 4 billion dollar business unit and 5 different sites with a focus on training the local leaders to champion the transformation. • Pivoted team, resource, and focus after fundamental shift in external market forces to reduce cost, protect liquidity and ensure solvency by securing 35 million in operational cash savings. Aerospace Defense Client (6 months) • Designed and executed non - reoccurring cost transformation in a large defense company engineering organization valued at over 500 million over the next 5 years. • Led, facilitated, and coached client teams through waves 1 -3 that delivered 40 million to the bottom line by reducing schedule, pulling in milestones, and rolling resources off teams early. • Developed coursework materials, training seminars, and taught client teams to ensure sustainability. Aerospace Client (20 months) • Diagnosed, designed, and executed operational transformation for global aerospace manufacturing company worth over 6 billion in cost reductions annually within 5 years. • Delivered 600 million savings in productivity and investment avoidances at three separate global sites by driving change at the frontline and coaching senior leadership to ensure sustainability. • Only McKinsey consultant that client's contracts specifically required for extensions (6 in total) based on ability to deliver impact and navigate the organization from the frontline to executive offices. Consumer Package Goods Client (1 Month) • Developed operational strategy and plan for a global supply base of paper mills to remove 20% of cost or -200 million in the final year of a 3 year cost optimization initiative worth 700 million. • Synthesized top down and bottom up valuations from executives into one cohesive vision that was both aspirational at the headquarters letv�l but tactical apt they sq ll� acilities. oard o ommissioners - anu ry ITEM: 27- 2 - 7 JASON BRYANT 4104 Conner Ct, Wilmington, NC 28412 910 - 297 -6812 • JasonSBryant2 g mail. com Rail Road Client (1 Month) • Completed diagnostic across a North America capital "tie gang" with a target of increasing their productivity of 25% to improve rail lines and allow for increased travel /speeds thus increasing revenue. • Analyzed 15 different pieces of equipment and made 6 key recommendations that would yield an estimated 35% improvement in productivity in year 1 with an option of increase to -45% in year 2. General Electric - Aviation (2005 -2012) General Electric, Aviation, Cincinnati, OH • Manufacturing Leader (2010 -2012) Served as a manufacturing leader with a team of -20 salary and -100 union hourly employees in a cost shop that generated -100 MM in products where I focused on quality and reducing delinquencies by 50 %. • Led the organization through the discovery, identification, and resolution of a major quality crisis through collaboration with multiple engineering groups and coordination with regulatory and customers. • Leveraged the quality crisis to create a catalyst that drove a transformation in a 70+ year old union shop to improve not only the quality, but also delivery by reducing delinquency by 50 %. General Electric, Aviation, Cincinnati, OH • Lean Six Sigma Black Belt (2009 -2010) Supply chain black belt with two key projects, footprint capacity optimization that rationalized capacity post acquisitions and led the logistical transfer of an engine assembly process from North to South America. • Challenged leaders across the 80+ supply chain network to think strategically on product mix, capacity, and capability; drove the strategic shift of $100+ million in hardware and planned closure of 10 shops. • Led logistics and fulfillment for the transition of an entire engine assembly process from United States to Brazil while reducing transportation costs by 50 %, resulting in $4 million annual savings. General Electric, Aviation, Cincinnati, OH • Quality Leader (2007 -2009) Transitioned from a co- quality leader role in a shop with 2 leaders, into the sole quality leader while also driving a performance transformation in both internal and external quality metrics. • Led organization from top and bottom, leveraging a headcount reduction in quality as a spark to drive a transformative shift in the environment from pessimism /reactive to more collaborative /proactive. • Implemented new investigation practices, increased accountability, and leveraged cultural change to reduce manufacturing losses by 93% year over year. • Through cultural shifts and quality projects reduced external audit findings by 90% year over year. General Electric, Aviation, Various • Operations Management Leadership Program (2005 -2007) Completed four 6 -month rotations: Mfg. engineer, quality engineer, team manager, and materials manager. • Managed capstone project to redesign materials strategy for a multi - facility P &L by eliminating hardware shortages via a new lean Kanban delivery freeing up $1 million in working capital. • Led team of 20 hourly operators providing work direction and administering disciplinary actions. Completed lean project at central bottleneck that reduced queue time by 50% and variation by 70 %. • Led process redesign and integrated new technology into a manufacturing line to improve quality, delivery, and enabling the entire shop to achieve customer takt. EDUCATION Master of Business Administration - Emphasis in Strategy and Operations, University of Michigan, Stephen M. Ross School of Business, Ann Arbor, MI - Graduated with distinction Bachelor of Science in Industrial Engineering, Purdue University, West Lafayette, IN Certifications Lean - Six Sigma Black Belt • Training the Street: Financial Modeling & Valuations Interest: CYC mentor • Junior Achievement tutor . Habitat for Humanity • racquetball . tennis • hiking . house renovations • working on cars • real estate investments • fishing Board of Commissioners - January 19, 2021 ITEM: 27- 2 - 8 COMMITTEE APPOINTMENT Wilmington Regional Film Commission Vacancy: Term: 3 years, expiring 1/31/24 Attachments: Committee Information Sheet Applications Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 1 Eligible For Applicants Reappointment Nominations Maverick Pate (currently serving on NHC Zoning Board of Adjustment Zachery Tyson Bill (William) Vassar (willing to serve another term if the Board desires Attachments: Committee Information Sheet Applications Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 1 WILMINGTON REGIONAL FILM COMMISSION Number of Members: 5 2 appointed by County Commissioners (includes County Commissioner) 2 appointed by Wilmington City Council 1 appointed by the other 4 members Term of Office: 3 years; no more than 2 consecutive terms (Approved 12/20/2010) Regular Meetings: Meetings are held quarterly as needed at the Film Commission Office, 1223 N. 23rd Street, Wilmington, NC 28403. Purpose: The Film Commission is a non - profit corporation organized to operate for the improvement of business conditions for the common interest of the film and video industry in the Southeast Region of North Carolina, particularly the Wilmington area. It acts as a liaison between the film industry, local governments, and the communities in order to attract and facilitate on- location film and video production by educating, informing, setting standards of professionalism, and serving as a clearinghouse for location production information. The Board of directors manages the business and affairs of the corporation. Statute or cause creating Board: Film Commission originally established by the Chamber of Commerce in 1993 (October 18, 1993 minutes). County Commissioner appointed to serve on Wilmington Regional Film Commission Board of Directors on June 16, 1997. Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION County Representatives Julia Olson - Boseman, County Commissioner Appointed 1/9/17; 1/8/18; Undesignated 230 Government Center Drive, Suite 175 1/7/19; 12/16/19 Wilmington, NC 28403 (910) 798 -7149 (NHC Office) Bill Vassar First 4/7/08 1/21/12 Screen Gems Studios, Executive Vice President Second 1/23/12 1/31/15 1223 N. 231 Street (03) Third 1/20/15 1/31/18 5123 Partha Lane Fourth 2/5/18 1/31/21 Wilmington, NC 28409 J,,, W l -I (910) 343 -3500 (1 v �/ (� City Representatives Mayor Bill Saffo, City of Wilmington First 12/2010 1/31/13 P.O. Box 1810 Second 1/2013 1/31/16 Wilmington, NC 28402 Third 12/2015 1/31/19 (910) 341 -7810 COW Office Fourth 12/2018 1/31/2022 Sabrina Davis Unexpired 1/22/19 1/1/2021 2901 Cambridge Dr. Wilmington, NC 28403 (910)617 -5006 (C) (910)350 -8242 (W) Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 2 WILMINGTON REGIONAL FILM COMMISSION (CONTINUED) Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Film Commission Appointee James L. F. Smith Second 1/25/12 1/31/15 Economic Community Development Director Third 1/13/15 1/31/18 Four County EMC Fourth 1/18 1/31/2021 P.O. Box 667 Burgaw, NC 28425 (910) 259 -1821 (W) (910) 617 -1379 (C) Film Commission Contact Information Johnny Griffin, Director File: /Film Wilmington Regional Film Commission Revised: 12/2019 1223 N. 23rd Street Wilmington, NC 28403 (910) 343 -3456 (0) (910) 343 -3457 (Fax) Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 3 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Maverick Pate < application @webformsnhcgov.com> Sent: Monday, January 4, 20214:15 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for Wilmington Regional Film Commission Board or Committee being applied to: Wilmington Regional Film Commission Name Maverick Pate Email mave rickpate(a)ya hoo.com Home Address 3929 W illowick Park Dr. Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 880 -2239 Cell Phone (910) 880 -2239 Years living in New Hanover County 7 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race Portuguese Age 29 Do you have a family member employed by New Hanover County? No Applicant's Employer Self 1 Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 4 Occupation Real estate Professional Activities Real estate and land development Volunteer Activities Zoning Board of adjustment. Also my local Church Brookfield Chruch of God Why do you wish to serve on this board or committee? John F. Kennedy Ask not what your country can do for you ask what you can do for your country What areas of concern would you like to see addressed by this committee? N/A Qualifications for serving: Study film in college in Los Angeles California Other municipal or county boards /committees on which you are serving: zoning Board of Adjustment List three local personal references and phone numbers: Reference 1 Ken Sarvis Reference 1 Phone (910) 297 -9269 Reference 2 Jerry Andrews Reference 2 Phone (910) 777 -4535 Reference 3 Michael Lopez Reference 3 Phone (910) 612 -9999 Additional comments: Would be a great honor and privilege to serve on this board Date 01/04/2021 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. IAN 04 2021 2 B 0 C OFF Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 5 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Zachery Tyson < application @webformsnhcgov.com> Sent: Wednesday, December 23, 2020 2:12 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for Wilmington Regional Film Commission Attachments: Updated - Resume.pdf Board or Committee being applied to: Wilmington Regional Film Commission Name Zachery Tyson Email zacheryt41 .gmail.com Home Address 4019 Wilshire Blvd Unit 108 Unit 108 Wilmington, North Carolina 28403 United States Mai) It Mailing Address (if different from home address) 28403 United States Map It Home Phone (910) 797 -2836 Years living in New Hanover County 4 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race White Age 27 Do you have a family member employed by New Hanover County? No Applicant's Employer N/A 1 Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 6 Occupation Volunteer Coordinator at Cape Fear Habitat for Humanity Volunteer Activities - Plastic Ocean Project - Vice President of UNCW Habitat for Humanity Chapter Why do you wish to serve on this board or committee? I have always had a passion for the film industry, during my time as an undergraduate at UNCW, I took a few courses in studio production as well as media law and ethics. As a new production crew we created the Digital Drip brand through UNCW Communication Studies department. I believe film is a life changing opportunity to build a fanbase around characters, storylines, and create situations we cannot simply do as a current race, like Star Trek for example. I believe that educating, and creating more opportunities to revitalize our film industry that is on the upcoming once again, to be a prominent force on the East Coast. Additionally, learning the system as well as gain insight into the relationships between the film industry, local governments as well as communities is important in building new relationships and transform New Hanover County together. What areas of concern would you like to see addressed by this committee? I believe with the new downtown waterfront convention center, we can create opportunities for students to practice, learn, and rent out the area to learn during their in class activities out in the field. Thus, student engagement is one area I believe more addressed by this committee. Qualifications for serving: My background in studio production, experience with student government association as well as interning and working on a local campaign. I was able to receive a lot of experience that can be utilized for this committee. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 David Pernell Reference 1 Phone (910) 962 -7591 Reference 2 Clayton Hamerski Reference 2 Phone (910) 352 -7991 Reference 3 Logan Matthews Reference 3 Phone (910) 264 -1367 Additional comments: Thank you for providing this opportunity, I look forward to hoping to serve and help this committee! Upload additional information. • Updated- Resume.pdf Date 2 Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 7 12/23/2020 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. RECEIVED DEC 2 3 2020 BOC OFF. 3 Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 8 Zachery Tyson Wilmington, NC 28403 zache 41 Agmail.com hMs ://zachg=son.wixsite.com/mysite Education University of North Carolina at Wilmington (UNCW), Wilmington, NC o Master of Public Administration o Concentration: Urban and Regional Policy and Planning University of North Carolina at Wilmington (UNCW), Wilmington, NC o Bachelor of Arts in Communication Studies o Minor in Public Administration o GPA: 3.1 Fayetteville Technical Community College (FTCC), Fayetteville, NC o Associate in Applied Science in Criminal Justice Technology o GPA: 3.9 910- 797 -2836 www.linkedin.com/in/zacheoqyson August 2020 - Present August 2016 - May 2020 August 2014 - May 2016 Professional Experience AmeriCorps National for Habitat for Humanity August 2020 - Present Volunteer Services Coordinator at Cape Fear Habitat for Humanity August 2020 - Present o Utilized VolunterHub, Constant Contact, and Buildertrend to manage, plan, and schedule events, activities, and opportunities for volunteers to be aware of and sign up for o Assist with volunteer management including orientations, maintenance of database, volunteer tracking and follow up for opportunities in construction, office, Restore, deconstruction, family services and special events with other needs o Work with construction staff to fulfill daily tasks needed to ensure successful volunteer build day: signing volunteers in, providing orientation and safety briefing, helping put away tools with volunteers at the end of the day and ordering necessary volunteer supplies o Work. with Restore, Admin and Fundraising staff to fulfil tasks needed to ensure successful daily operations and special events (no more than 10% of member's time) o Develop written volunteer position or assignment descriptions, as needed o Develop and implement effective recruitment messaging o Visit the build site to observe and gain an understanding of tasks in which volunteers are asked to participate, occasionally building alongside volunteers o Schedule and communicate affiliate need with all assigned individual volunteers and volunteer groups (e.g., crew leaders, campus chapters and Collegiate Challenge) o Assist in coordination of campus chapter groups and non - construction youth group projects o Improve volunteer resource database by updating contact information for volunteers who can assist with specific needs o Maintain communication with volunteers through a monthly volunteer e- newsletter and by updating volunteer - related areas of the affiliate website o Plan and execute the annual volunteer appreciation banquet o Develop new and revise existing volunteer recognition tools o Devise and implement volunteer experience survey, analyzing the results that follow o Attend community outreach programs to promote volunteer opportunities, including events targeted at the military, veteran and senior communities. Secure and manage affiliate presence at volunteer fairs o Strengthening existing and developing new partnerships with community businesses and organizations to provide in -kind donations for Collegiate Challenge, volunteer picnic and other volunteer services League of Women Voters of Carteret County June 2020 - September 2020 Intern June 2020 - September 2020 o Gained insight and utilized VOTE411 to spread awareness of election information o Candidate contact reach out through phone banking and email to retrieve candidate information for VOTE411 o Utilized excel spreadsheets to analyze, collect, and store data retrieved from candidates Board of Commissioners - January 19, 2021 ITEM: 27- 3 - 9 New Hanover Democratic Party November 2019 - Novem