Agenda 2010 11-15NOVEMBER 15, 2010 2:00 P.M.
MEETING CALLED TO ORDER (Chairman Jason R. Thompson)
INVOCATION (Dr. Michael G. Queen, Pastor, First Baptist Church)
PLEDGE OF ALLEGIANCE (Commissioner Robert G. Greer)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval to Support Smart Start of New Hanover County's Application to the
North Carolina Child Care Resource and Referral Council of the North
Carolina Division of Child Development to Offer Comprehensive Child Care
Resource and Referral (CCR &R) Services
3. Michael Rhoton Settlement
4. Ratification of a Contract for Provision of Dispatch and Emergency
Communications Functions for UNC -W Police Department
5. Approval of Capital Project Ordinance for Qualified School Construction
Bonds and Associated Budget Amendment 2011 -21
6. Approval of Ordinance Revisions, Animal Control Services, New Hanover
County Code, Chapter Five: Animals
7. Approval of Personnel Policy Revision
8. Approval to Improve Delivery of Growing Readers and Raising a Reader
Services by Changing Staff Designation from Temporary to Permanent
9. Approval of a List of Items to Deaccession from the Museum Collection
10. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEM F BUSINESS
TIMES GU S O USI N SS
2:10 p.m.
11.
Consideration of a Resolution Recognizing the 235th Birthday of the United
States Marine Corps
2:25 p.m.
12.
Consideration of a Resolution to Recognize Brenda Tucker for Her Years of
Dedicated Service
2:30 p.m.
13.
Recognition of Museum Reaccreditation and Award of Excellence for Land of
the Longleaf Pine Exhibit
2:35 p.m.
14.
Consideration of USS Gravely Day Proclamation
2:40 p.m.
15.
Consideration of Adoption Awareness Month Proclamation
2:45 p.m.
16.
New Hanover County Board of Elections Presentation on 2010 Election
2:55 p.m.
17.
Consideration of Adopting a Preservation Easement Recognizing the
Architectural, Historic, and Cultural Values and Significance of Airlie
Gardens with the Common Purpose of Conserving and Preserving Airlie
Board of Commissioners Meeting
11/15/2010
6:15 p.m. 29. Additional Items
County Manager
Board of Commissioners Meeting
11/15/2010
Gardens
3:05 p.m.
18. New Hanover County Landfill Leachate Update
3:10 p.m.
19. Consideration of Request for Renewal of Biological Monitoring Contract
(Year 9) with Land Management Group, Inc. to Meet Permit Requirements of
the Mason Inlet Relocation Project
3:15 p.m.
20. Consideration of Request for Renewal of Mason Inlet Waterbird Habitat
Management Plan for 2010 (Year 9) with Audubon North Carolina to Meet
Permit Requirements of the Mason Inlet Relocation Project
3:20 p.m.
21. Consideration of Series Resolution Authorizing and Approving the Issuance
and Sale of Not Exceeding $100,000,000 Aggregate Principal Amount of
Hospital Revenue Refunding Bonds for the Purpose of Providing Funds to
Currently Refund the County's Outstanding Hospital Revenue Bonds,
Ratifying the Preliminary Official Statement and Authorizing and Approving
the Form and Terms of the Official Statement, A Seventh Amendment to the
Lease Agreement and the Bond Purchase Agreement and the Execution and
Delivery of Such Bond Documents in Connection With the Public Offering of
Such Refunding Bonds and Such Other Matters Related Thereto
3:25 p.m.
22. Public Hearing
2010 Community Development Block Grant Scattered Site Housing
Program Application
3:40 p.m.
23. Public Hearing
Rezoning Request (Z -903, 5110) - Request by Isabella Holding Company to
Rezone 11.41 Acres at 799 Rivage Promenade from R -10 and R -15
Residential District to B -2
4:25 p.m.
24. Public Hearing
Rezoning Request Modification (Z -880M, 9/10) — Request by Thomas Nuzio
for River Bluffs Development Corporation to Modify the Master Plan for an
Existing PD Planned Development by Rezoning 79.4 Acres Located at the
West End of Chair Road in the Wetland Resource Protection, Natural
Heritage Resource Protection, and Aquifer Resource Protection Land
Classifications from R -20 Residential to PD Planned Development District for
a Continuing Care Retirement Community
4:55 p.m.
25. Public Hearing
Rezoning Request (Z -906, 10 /10) — Request by Withers & Ravenel for Swartz
Properties to Rezone 0.35 Acres at 5946 Carolina Beach Road from R -15
Residential and B -2 Commercial District to B -2 Commercial District
5:15 p.m.
26. Public Hearing - NOTE: This item will be delayed until December 6, 2010.
Subdivision Text Amendments (A -387) — Request by the County's Technical
Review Committee (TRC) to Amend Sections 20, 41 -1, 52 -4 of the County's
Subdivision Ordinance by Incorporating Specific Language, Road Profiles,
and Design Standards for Private Streets
5:35 p.m.
27. Public Hearing - NOTE: This item will be delayed until December 6, 2010.
Zoning Text Amendment (A-389) — Request by Staff to Amend Article VI
and Article VII of the Zoning Ordinance to Allow for Establishment of
Farmers' Markets and Produce Stands Under Certain Conditions
5:55 p.m.
28. Committee Appointments
NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
6:15 p.m. 29. Additional Items
County Manager
Board of Commissioners Meeting
11/15/2010
County Commissioners
Clerk to the Board
County Attorney
6:25 p.m. 30. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
11/15/2010
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meeting:
Regular Session meeting held on October 18, 2010
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 2
DEPARTMENT: County Manager PRESENTER(S): Janet Nelson, Executive Director, Smart Start of
New Hanover County
CONTACT(S): Andre R. Mallette, Assistant County Manager
SUBJECT:
Approval to Support Smart Start of New Hanover County's Application to the North Carolina Child
Care Resource and Referral Council of the North Carolina Division of Child Development to Offer
Comprehensive Child Care Resource and Referral (CCR &R) Services
BRIEF SUMMARY:
Janet Nelson, Executive Director of Smart Start of New Hanover County, requests the Board's approval to
apply for the authority to offer comprehensive CCR &R services in New Hanover County. A letter is attached
which was used to request support from various agencies in the community that provides some of the history.
The Smart Start of New Hanover County Board of Directors firmly believes that it is critical for New
Hanover County to have a local CCR &R. Vice - Chairman Barfield and Assistant County Manager Andre R.
Mallette serve on their Board of Directors. A draft letter for the Chairman's signature is also attached for
consideration.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize the Chairman to sign a letter of endorsement for Smart Start's application.
ATTACHMENTS:
Smart Start Letter
CCR &R Core Services
Draft Letter for Chairman's Signature
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
2 -0
Dear Colleague,
Smart Start of New Hanover County (SSNHC) is preparing an application to the North Carolina Child Care
Resource and Referral Council of the North Carolina Division of Child Development requesting the
authority to offer comprehensive Child Care Resource and Referral (CCR &R) services. If this recognition
is granted, it will allow Smart Start of New Hanover County to expand current services to the
community. As a CCR &R, SSNHC will meet the growing demand for a local, centralized service relating
all parts of the child care delivery system - -- families, early care and school -age child care professionals,
advocates, schools, businesses, and policy- makers.
need your assistance! The North Carolina Child Care Resource and Referral Council is requesting letters
of support from the community. Our partnership would greatly appreciate you taking a few moments to
provide an endorsement of our application.
You will find an overview of "comprehensive" CCR &R services attached. As you are probably familiar
with much of the work of SSNHC, you will see that there are areas in which we are already working, such
as professional development, technical assistance and general child development outreach. We
currently provide consumer education and referral in Spanish, also. The full designation as a CCR &R will
allow our agency to broaden the consumer education and referral to English- speaking families,
implement a system of data collection, analysis and dissemination, serve families looking for school -age
child care, and increase public awareness of how to find child care.
Briefly and as concisely as possible, let me explain some of the history of CCR &R in New Hanover
County. For twenty years, the Child Advocacy Center and Parenting Place (CAPP Center) provided
CCR &R services in this county. When North Carolina required that all CCR &R agencies become part of
regional partnerships, funding was shared among five counties and services rearranged to cover broader
territories. The CAPP Center continued to have the designation of CCR &R for New Hanover and
performed core services of CCR &R until their Board of Directors made the decision to initiate a transfer
of CCR &R to SSNHC in November 2009. As SSNHC had not been officially determined to qualify as a
CCR &R by the North Carolina Child Care Resource and Referral Council, the core CCR &R services were
transferred to the CCR &R at Southeastern Community College in Whiteville.
The SSNHC Board of Directors and I firmly believe that it is critical for New Hanover to have a local
CCR &R. We believe that it is in the best interest of the community, as our county has the largest
population in southeastern North Carolina and is essentially the urban center of the region. Of course,
SSNHC recognizes the importance of collaborative work and will continue to work with the CCR &Rs in
surrounding counties to streamline services.
Would you write a letter indicating your support If so, we would be most grateful! Please address the
letter to the name and address below and deliver it to the Smart Start of New Hanover County office by
November 5, 2010
Addressee:
North Carolina Child Care Resource and Referral Council
Attn: Sue Russell
Child Care Services Association
PO Box 901
Chapel Hill, NC 27514
Board of Commissioners Meeting
11/15/2010
2 -1 -1
If y ou have an q uestions, contact me at Smart Start, 815-3731.
Thank y ou ver much for y our assistance and all that y ou do for children and families in New Hanover
Count
Janet Ir 1,,. N 61 s o n
""),,"'riart Start of New Haniover Count
300 1- B Wiri �rl �rl e Ave a, Wi �rl m r,,,, n 0 N 28403
910-8 15-3 1 a 910-815-.`31-733 (fax)
xis ,r,,,t us orF-,r,, the web at www.,r�,,--,r,,ew� ,,r,,anover,,�,,�,,<ids.orl-,c
Board of Commissioners Meetin
11/15/2010
2-1-2
Child Care Resource and Referral Core Services
Consumer Education and Referral:
• Supporting Families in nurturing their children and balancing the demands of work and
family
Data Collection, Analysis, and Dissemination:
• Compiling, analyzing, and sharing information with customers, child care programs and
communities
Professional Development /Technical Assistance:
• Supporting individuals and programs that care for children ages birth through twelve
Public Awareness:
• Building connections in communities and states to create appropriate policies on family
and children's issues and to generate additional resources for child care
Descriptions of core services for families, child care providers and the community from the
National Association of Child Care Resource and Referral Agencies (NACCRA):
✓ Helping parents find child care by providing information about local child care
businesses, licensing requirements, and choosing quality care. Counselors, preferably bi-
lingual, provide these services by phone and in other ways, such as the internet, to meet
individual family needs. Assistance must be available for families that have particular
difficulties in finding child care, such as care for infants and toddlers, care for children
with special needs, or care during irregular working hours.
✓ Supporting families in raising healthy children by offering information about choosing
high quality child care, child development, health insurance, and a wide -array of
community resources available. One -on -one counselors, hot - lines, newsletters
parent /family workshops are some of the ways the child care resource and referral
services make information accessible.
✓ Building the supply of child care by serving as an entry point to the child care field and
help to providers in meeting licensing requirements. Free and low -cost trainings on such
essential topics as playground safety, sudden infant death syndrome, CPR and First Aide
must be readily available. Fingerprinting and background checks for new providers are
services typically completed by a child care resource and referral.
✓ Improving the quality of child care by encouraging professional development for child
care providers.
✓ Bridging child care and education by educating parents about early learning and the
components of quality care, as well as partnering with the schools to support early
learning programs and school transition.
✓ Documenting child care needs and trends by gathering information to better understand
family needs, the local supply of child care, cost and other features. The information
allows for the tracking of changes and the analysis of gaps or strengths. It is important to
utilize this data to inform policy makers and businesses.
✓ Engaging new partners by reaching out to the entire community and promoting child care
as an issue of concern for all and building recognition that it is vital to economic growth
and education.
Board of Commissioners Meeting
11/15/2010
2 -2 -1
NEW HANOVER COUN'T'Y BOARD OF COMMISSIONERS
280 GOVERNMENT CENTER DRIVE, SUITE 175 - WILMINGTON, NC 28408
09 10) 798 7149 • 09 10) 798 7145 FAX • WWW N H Q 0 V. C
Jason R. Thompson, Chairman • Jonathan Barfield, Jr., Vice - Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner • Ted Davis, Jr., Commissioner
Sheila L. Schult, Clerk to the Board
November 15, 2010
North Carolina Child Care Resource and Referral Council
Child Care Services Association
PO Box 901
Chapel Hill, NC 27514
Dear Members of the North Carolina Child Care Resource and Referral Council:
The children of our community are the leaders, parents, and workers of the future. Prosperity
tomorrow depends on our ability to foster the health and well -being of the next generation today.
We understand the life experiences in the earliest years of a child's life have long -term impacts
on learning and social - emotional development. We believe that wise investments in supportive
services for children and families promote a lifetime of productivity and responsible citizenship.
The child care industry plays a critical role in economic development and is a significant factor
in a community's infrastructure. As workforce demographics are changing to include more dual
income families, mothers employed full -time, and single parents, child care quality and
availability have become important issues. Employees from all walks of life depend on these
small businesses every day. Currently, 5,924 of our children, ages 0 -12, are enrolled in child
care in 159 licensed facilities, served by a workforce of 1,200.
As our community continues to face issues such as juvenile crime and a significant achievement
gap, an intervention must be high quality early care and school -age care. Research clearly
indicates that participation in high quality child care lays the foundation for long -term success
positive outcomes in school and in life. Families in New Hanover County deserve to be
confident about their children's care situations. Local, comprehensive Child Care Resource and
Referral services will assist families as they make child care selections and seek information
related to care and other resources.
We are grateful for the dedication and years of service provided to the community by the
previous Child Care Resource and Referral agency, the Child Advocacy Center and Parenting
Place, since the New Hanover County Commissioners authorized them as the CCR &R in 1991.
In 2009, the Board of Directors of Child Advocacy Center and Parenting Place voted to
relinquish the designation of Child Care Resource and Referral and recommended that Smart
Start of New Hanover County assume the responsibility. We, as the New Hanover County
Board of Commissioners, endorse this transfer. We believe that Smart Start of New Hanover
County is prepared to perform the functions of a comprehensive Child Care Resource and
Referral and will operate the program in a highly responsible manner, meeting all necessary
standards. Smart Start of New Hanover County has provided leadership and unparalleled
support to early education and the child care industry in our community for over twelve years.
Board of Commissioners Meeting
11/15/2010
2 -3 -1
Services designed to enhance the quality of classroom instruction, promote healthy
environments, invest in teacher education, and increase family involvement have improved the
quality of local child care significantly. Our interest is in providing a highly comprehensive,
effective, and easily accessible service to families and child care providers in New Hanover
County.
As community leaders, we are proud to represent a community in which many non - profit
agencies work in collaborative ways to best meet the needs of our growing population. With
this letter of endorsement, we respectfully request your approval.
Sincerely,
Jason R. Thompson
Chairman
Board of Commissioners Meeting
11/15/2010
2 -3 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 3
DEPARTMENT: County Attorney PRESENTER(S): Wanda Copley, County Attorney
CONTACT(S): Wanda Copley, County Attorney
SUBJECT:
Michael Rhoton Settlement
BRIEF SUMMARY:
The Michael Rhoton v. New Hanover County Sheriff lawsuit was resolved by payment of $200,000 to
Michael Rhoton by the insurance company. A copy of the settlement agreement will be provided for the
Board of Commissioners minutes when received.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
No action requested.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
No action is required. The information must be published for public record and included in the Board's
official minutes.
Board of Commissioners Meeting
11/15/2010
3 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 4
DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee, Emergency Management and 911
Communications Director
CONTACT(S): Warren Lee, Emergency Management and 911 Communications Director
SUBJECT:
Ratification of a Contract for Provision of Dispatch and Emergency Communications Functions for
UNC -W Police Department
BRIEF SUMMARY:
UNC -W requested to enter into a three -year contract with New Hanover County's Public Safety
Communications Center for the provision of 24 -hour dispatch and emergency communications services for
the University's Police Department. Such services will include those common to the public safety dispatch
and emergency communications functions in New Hanover County, and those which may be identified
by the University. The primary public safety resource of the University is the UNCW Police Department.
However, it is recognized that large scale special events, unusual circumstances and emergencies including,
but not limited to, man -made and natural disasters may result in other University personnel (e.g. University's
Emergency Management staff) being supported by County in accordance with this Agreement. Payment to
New Hanover County will be based on current wages for three (3) full -time entry level
telecommunicators. Future increases will be tied directly to the merit, market, and /or benefit increases to the
personnel providing the contracted service.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify the contract and adopt the ordinance for budget amendment 11 -070.
ATTACHMENTS:
NHC 911 Services UNCW
B/A 11 -070
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
4 -0
New Hanover County Contract #11-0 15 3
UNCW 10262010
NORTH CAROLINA
AGREEMENT
NEW HANOVER COUNTY
THIS CONTRACT, made and entered into this day of
2010 by and between NEW HANOVER COUNTY, a political
subdivision of the State of North Carolina, hereinafter referred to as "County "; and
UNIVERSITY OF NORTH CAROLINA AT WILMINGTON, hereinafter referred to as
"University ";
WIT NESETH
That the County, for the consideration hereinafter fully set out, hereby agrees with the
University as follows:
1. Scope of Services County shall provide dispatch and emergency
communications functions to University through the UNC -W Police Department on a 24-
hour basis. New Hanover County's Public Safety Communications Center will provide
dispatch and emergency communications functions to the University on a 24 -hour basis.
Such services will include those common to the public safety dispatch and emergency
communications functions in New Hanover County, and those which may be identified
by University. The primary public safety resource of the University is the UNCW Police
Department. However, it is recognized that large scale special events, unusual
circumstances and emergencies including, but not limited to, man -made and natural
disasters may result in other University personnel (e.g. University's Emergency
Management staff being supported by County in accordance with this Agreement.
2. Time of Performance The Agreement shall run for a period of three
years. The initial term of this contract shall be from November 16, 2010 through June
30, 2011. This contract shall be renewed annually by mutual agreement of the parties
following a disclosure by the County of any contract fee increases at least 120 days in
advance of the ensuing annual termination date. If the University does not agree to the
scheduled increase, the Agreement shall be terminated at the then scheduled annual
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New Hanover County Contract #11-0 15 3
UNCW 10262010
termination date. In the event of a partial fiscal year termination, County shall prorate a
refund to University.
3. Payment For the first year of service, the University hereby agrees
to pay County for the total cost of a sum not to exceed $80,596. Payments will be made
on the first day of the business quarter, with the exception of the first payment which
shall be prorated for the period from 11/16/2010 though 12/31/2010 and due
11/19/2010. Future increases shall be tied directly to the merit, market, and /or benefit
increases to the personnel providing the contracted services.
4. Extra Work County and University shall negotiate and agree upon
the value of any extra work prior to the issuance of a Change Order covering said extra
work. Such Change Order shall set forth the corresponding adjustment, if any, to the
Contract Price and Contract Time.
5. Indemnity Each party to this contract agrees to remain responsible
for the acts or omissions of its employees, officers, or agents in the discharge of and
within the scope of their employment responsibilities.
6. Termination for Convenience. County or University may terminate
this Contract for convenience at any time and without cause upon ninety (90) days prior
written notice. Upon receipt of notice, County shall immediately discontinue the work in
connection with the performance of this Contract.
7. Non - appropriation All funds for payment by the University under
this contract are subject to the availability of any annual appropriation for this purpose
by the State. In the event of non - appropriation of funds by the State for the services
provided under the contract, the University will terminate the contract, without
termination charge or liability, on the last day of the then - current fiscal year or when the
appropriation made for then - current year for the services /items covered by this contract
is spent, whichever occurs first. If at any time funds are not appropriated for the
continuance of this contract, cancellation shall be accepted by the County upon fourteen
(14) business days prior written notice, but failure to give such notice shall be of no
Page 2 of 5
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Board of Commissioners Meeting
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New Hanover County Contract #11-0 15 3
UNCw 10262010
effect and the University shall not be obligated under this contract beyond the date of
termination.
8. Non - waiver of Rights It is agreed that either parties' failure to insist
upon the strict performance of any provision of this Contract, or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such
breach, shall not constitute a waiver of any rights under this Contract.
9. Conflict of Interest No paid employee of the County shall have a
personal or financial interest, direct or indirect, as a contracting party or otherwise, in
the performance of this Contract.
10. Entire Agreement This agreement constitutes the entire
understanding of the parties.
11. Binding Effect This contract shall be binding upon the parties
hereto, and their heirs, successors, executors, administrators and assigns.
12. Further Actions The parties will make and execute all further
instruments and documents required to carry out the purposes and intent of this
contract.
13. Inclusive Terms Use of the masculine herein shall include the
feminine and neuter, and the singular shall include the plural.
14. Governing Law All of the terms and conditions contained herein
shall be interpreted in accordance with the laws of the State of North Carolina.
15. RELATIONSHIP OF THE PARTIES — It is agreed that the County
and University are independent contractors and have no employment relationship, joint
venture, or partnership. Nothing herein shall be construed to constitute an agency
relationship and the parties expressly agree the personnel necessary to supply
contracted services are employees of the County and County has exclusive control and
right of control with respect to its personnel.
16. Notices All notices required hereunder to be sent to either party
shall be sent to the following designated addresses, or to such other address or
addresses as may hereafter be designated by either party by mailing of written notice of
such change of address, by Certified Mail, Return Receipt Requested:
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To County:
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New Hanover County Contract #11-0 15 3
UNCW 10262010
New Hanover County Emergency Management
Attention: Warren Lee, Director
230 Government Center Drive
Ste. 165
Wilmington, NC 28403
To University:
UNC -W Police Department
Attention: Linda Wright
Central Receiving
University of North Carolina at Wilmington
601 S. College Road
Wilmington, NC 28403
17. Assignability It is mutually agreed by the parties hereto that this
contract is not transferable and shall not be assigned by either party without the written
consent of the other party to this contract.
18. Amendments. This Contract shall not be modified or otherwise
amended except in writing signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto affixed
their hands and seals, the day and year first above written and by authority duly given.
NEW HANOVER COUNTY
[SEAL]
Bruce T. Shell, County Manager
ATTEST:
Sheila L. Schult
Clerk to the Board
University of North Carolina at Wilmington
win
Title
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New Hanover County Contract #11-0 15 3
UNCW 10262010
This instrument has been pre -
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
County Finance Director
NORTH CAROLINA
NEW HANOVER COUNTY
Approved as to form:
County Attorney
I, , a Notary Public of the State
and County aforesaid, certify that Sheila L. Schult acknowledged that she is Clerk to the
Board of Commissioners of New Hanover County, and that by authority duly given and
as the act of the Board, the foregoing instrument was signed in its name by its Manager,
Bruce T. Shell, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of
) 2010.
Notary Public
My commission expires:
NORTH CAROLINA
COUNTY OF
1 , a Notary Public of the
State and County aforesaid, certify that ,
personally came before me this day and acknowledged the due execution of the
foregoing agreement.
My commission expires:
Page 5 of 5
WITNESS my hand and official seal, this
) 2010.
d ay of
Notary Public
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AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -070
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -070 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management & 911 Communications
Expenditure:
Decrease
Increase
Public Safety Communications:
Salaries
$57
Social Security
4
Retirement — Local Government
3
Medical Insurance Expense
14
Long Term Disability Insurance
128
Total
$80
Revenue:
Decrease
Increase
Public Safety Communications:
Funds from UNCW
$80
Total
$80
Section 2: Explanation
UNCW proposed the possibility of New Hanover County taking over the UNCW Police Department
dispatch function if a mutually agreeable funding formula could be reached. This budget amendment reflects
the proposal that was agreed upon by both parties. UNCW will pay the County all personnel costs related to
the three Tele communicator positions. The budget amendment is for the initial term of the contract from
November 16, 2010 through June 30, 2011.
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 11 -070, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 5
DEPARTMENT: Finance PRESENTER(S): Avril Pinder, Finance Director
CONTACT(S): Avril Pinder, Finance Director
SUBJECT:
Approval of Capital Project Ordinance for Qualified School Construction Bonds and Associated
Budget Amendment 2011 -21
BRIEF SUMMARY:
On June 7, 2010, the Board of County Commissioners approved the Board of Education's request to apply
for American Recovery and Reinvestment Act of 2009 (ARRA) funds through a no interest loan in the
amount of $4,925,744. Funds will be used to finance the critical facility needs projects that have been
identified by the New Hanover County Board of Education.
The Commissioners are requested to adopt the Capital Project Ordinance necessary to establish the budget
for Qualified Schools Construction Bonds (QSCB) project.
The Commissioners are also requested to adopt the ordinance for budget amendment 2011 -21, to budget the
expense and revenue of the project in the Qualified School Construction Bond (QSCB) fund and to budget
debt payment due within Fiscal Year 2011.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend adoption of the Capital Project Ordinance and the ordinance for budget amendment 2011 -21.
ATTACHMENTS:
BA 2011 -21
NHC schools project ordinance
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
5 -0
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -21
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -21 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Qualified School Construction Bonds (QSCB)
Department: Finance
Expenditure:
Decrease
Increase
Capital project expense
$4
Total
$4
Revenue:
Decrease
Increase
Long term debt issued
$4
Total
$4
Fund: New Hanover County Schools
Department: Finance
Expenditure:
Decrease
Increase
Installment lease p a ments
$287
Total
$287
Revenue:
Decrease
Increase
Appropriated fund balance
$287
Total
$287
Section 2: Explanation
To budget Qualified School Construction Bonds (QSCB). On June 7, 2010, Commissioners approved the
application for American Recovery and Reinvestment Act of 2009 (ARRA) no interest loan in the amount
of $4,925,744. Funds will be used for critical facility needs projects that have been identified by the New
Hanover County Board of Education. Also included in the budget amendment is the appropriation for
FYI I loan payments on the bonds. The New Hanover County Schools appropriated fund balance has been
increased.
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 2011 -21, amending the
annual budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
5 -1 -1
PROJECT ORDINANCE
NEW HANOVER COUNTY SCHOOLS
QUALIFIED SCHOOL CONSTRUCTION BONDS (QSCB) PROJECT
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the New Hanover County Schools Qualified
School Construction Bonds (QSCB) project, which 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 §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 §159 -13.2.
2. The project undertaken pursuant to this ordinance is the New Hanover County Schools
Qualified School Construction Bonds (QSCB) project, which is herewith authorized.
3. The revenue that will finance said project is:
Bond Proceeds $4,925,744
Total $4
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense $4,925,744
Total $4
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 15 day of November, 2010.
Sheila L. Schult Jason R. Thompson, Chairman
Clerk to the Board of Commissioners Board of County Commissioners
Board of Commissioners Meeting
11/15/2010
5 -2 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 6
DEPARTMENT: Health PRESENTER(S): Dr. Jean McNeil, Animal Control Services
Manager
CONTACT(S): Dr. Jean McNeil, Animal Control Services Manager
SUBJECT:
Approval of Ordinance Revisions, Animal Control Services, New Hanover County Code, Chapter
Five: Animals
BRIEF SUMMARY:
Recommended changes to the New Hanover County Code, Chapter Five regarding control of animals as
enforced by Animal Control Services. Issues have been reviewed and supported by County Attorney's office,
Animal Control Services staff, the Animal Control Services Advisory Committee, the Executive Committee
of the Board of Health, and the full Board of Health. These ordinance revisions will require no budgetary or
staffing changes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of recommended revisions to the ordinance to establish compliance with North Carolina state law.
ATTACHMENTS:
Summary of Ordinance Changes
2010 NHCACS Ordinance Updats Guidance Document
NHCACS Ordinance Revisions 2010
Letter of Reviewfrom Legal
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
The item was removed.
Board of Commissioners Meeting
11/15/2010
6 -0
2010 NHCACS Ordinance Updates Guidance Document
New Hanover County
Animal Control Services
Ordinance Updates 2010
Changes to the document are listed in red and highlighted in yellow. Some deleted areas are marked by
verbiage being identified by strike - through. No changes had been made to animal laws since 1983, so
there are significant updates. Most were done to come into compliance with recommendations
presented by the Centers for Disease and Control (CDC). The majority of the rabies changes were listed
in Senate Bill 467 which became effective on July 24, 2009. Our listed changes are primarily to bring our
local ordinance into compliance with state law.
Rabies Vaccination Requirements
This is a summary listing of the major updates to the state law that are reflected throughout the New
Hanover County ordinance changes:
1. According to G.S. 130A -185, owners of domestic dogs, cats, and ferrets over four months of age
shall have their animal(s) vaccinated against rabies.
2. G.S. 130A -185 states that in addition to licensed veterinarians, and certified rabies vaccinators,
registered veterinary technicians may administer rabies vaccine under the direct supervision of a
licensed veterinarian.
3. G.S. 130A -193 states that dogs, cats and ferrets are considered currently vaccinated against
rabies if they are accompanied by a rabies certificate signed by a licensed veterinarian,
indicating a USDA licensed rabies vaccine approved by the Commission was used, and that the
animal's rabies vaccine has not expired (either a one year, three year or four year USDA licensed
rabies vaccine that has not expired.)
4. Vaccination status of animals exposed to rabid animals: Under G.S. 130A -197 Infected animals
to be destroyed; protection of vaccinated animals., an animal exposed to rabies shall be
considered currently vaccinated if the owner can furnish a valid rabies certificate that indicates
the animal was vaccinated in compliance with North Carolina G.S. 130A -185 more than 28 days
prior to the exposure to the rabid animal and that the animal was administered a rabies vaccine
within 5 days of the exposure.
Board of Commissioners Meeting
11/15/2010
6 -1 -1
2010 NHCACS Ordinance Updates Guidance Document
Section 5 -1, page 1 Changed "police" to "law enforcement" to encompass all agencies.
Section 5 -3, pages 1 -3 Beginning of substitution of "dogs and cats" with "dogs, cats, and ferrets" to
comply with state changes. Animal Control Services has administratively changed "license" to
"registration" throughout the document, since no tag is given to pet owners. (The rabies tag serves as
the numerical tracking device for the database.)
Section 5 -3(4), page 2 Addition of specified organization that is responsible for law changes.
Section 5 -3(6), page 2 Included law update to addition of licensed veterinary technicians identified as
resources to administer rabies vaccinations.
Section 5 -3(9), page 3 Updated administrative practices due to technology advances.
Section 5 -5, pages 5 -8 Similar changes due to inclusion of ferrets and usage of registration versus
license.
(c) and (e), page 5 -6 Procedural changes to issuing and collection of registration fees due to updates in
technology.
(k), page 7 Ferrets must be rabies vaccinated annually.
(n) (2), page 7 Reflects changes in state law that allows pets brought in from other states to maintain
the rabies vaccination given outside of North Carolina, provided adequate proof of vaccination is
available.
Section 5 -7, page 9 Ferrets included in rabies vaccination and control.
Section 5 -7(f), page 10 Law update that demonstrates the five day period allowed for re- vaccinating
rabies exposed animals that have a current rabies vaccination.
Section 5 -8, page 11 Change to reflect usage of rabies tag versus pet license supplied by NHCACS.
Section 5 -9, page 11 Addition of ferrets to fines for running -at -large due to inclusion in rabies
vaccination and control measures.
Section 5 -16(d) (1) (2), pages 13 -14 Removal of this entire section due to animal sterilization being
performed on -site prior to placement in the adoption area. (Rest of section lettering changed to reflect
this removal.)
Section 5 -21, page 15 Added "animal" to better describe "trust fund."
Sections 5 -30, 5 -31, and 5 -32, pages 19 -20 Separated these areas of complaint for ease of citation
documentation.
Board of Commissioners Meeting
11/15/2010
6 -1 -2
2010 NHCACS Ordinance Updates Guidance Document
Section 5 -33, page 20 Changed this from Section 5 -66, which is a portion of Article II, Dangerous
Dog /Potentially Dangerous Dog. (This should have been the proper location when it was first added as a
portion of the ordinance.)
Section 5 -63, page 22 Updated procedures to reflect administrative policy for notification for hearing
appeal process.
Sections 5 -63, page 22 and 5 -65, page 25 Updated procedures to be in compliance with state statutes
for appeals to be heard de novo by a superior court judge.
Section 5 -66, page 24 Strike through to reflect move of this section to Article I, In General.
Board of Commissioners Meeting
11/15/2010
6 -1 -3
2010 NHCACS Ordinance Updates Guidance Document
New Hanover County
Animal Control Services
Ordinance Updates 2010
Changes to the document are listed in red and highlighted in yellow. Some deleted areas are marked by
verbiage being identified by strike - through. No changes had been made to animal laws since 1983, so
there are significant updates. Most were done to come into compliance with recommendations
presented by the Centers for Disease and Control (CDC). The majority of the rabies changes were listed
in Senate Bill 467 which became effective on July 24, 2009. Our listed changes are primarily to bring our
local ordinance into compliance with state law.
Rabies Vaccination Requirements
This is a summary listing of the major updates to the state law that are reflected throughout the New
Hanover County ordinance changes:
1. According to G.S. 130A -185, owners of domestic dogs, cats, and ferrets over four months of age
shall have their animal(s) vaccinated against rabies.
2. G.S. 130A -185 states that in addition to licensed veterinarians, and certified rabies vaccinators,
registered veterinary technicians may administer rabies vaccine under the direct supervision of a
licensed veterinarian.
3. G.S. 130A -193 states that dogs, cats and ferrets are considered currently vaccinated against
rabies if they are accompanied by a rabies certificate signed by a licensed veterinarian,
indicating a USDA licensed rabies vaccine approved by the Commission was used, and that the
animal's rabies vaccine has not expired (either a one year, three year or four year USDA licensed
rabies vaccine that has not expired.)
4. Vaccination status of animals exposed to rabid animals: Under G.S. 130A -197 Infected animals
to be destroyed; protection of vaccinated animals., an animal exposed to rabies shall be
considered currently vaccinated if the owner can furnish a valid rabies certificate that indicates
the animal was vaccinated in compliance with North Carolina G.S. 130A -185 more than 28 days
prior to the exposure to the rabid animal and that the animal was administered a rabies vaccine
within 5 days of the exposure.
Board of Commissioners Meeting
11/15/2010
6 -2 -1
2010 NHCACS Ordinance Updates Guidance Document
Section 5 -1, page 1 Changed "police" to "law enforcement" to encompass all agencies.
Section 5 -3, pages 1 -3 Beginning of substitution of "dogs and cats" with "dogs, cats, and ferrets" to
comply with state changes. Animal Control Services has administratively changed "license" to
"registration" throughout the document, since no tag is given to pet owners. (The rabies tag serves as
the numerical tracking device for the database.)
Section 5 -3(4), page 2 Addition of specified organization that is responsible for law changes.
Section 5 -3(6), page 2 Included law update to addition of licensed veterinary technicians identified as
resources to administer rabies vaccinations.
Section 5 -3(9), page 3 Updated administrative practices due to technology advances.
Section 5 -5, pages 5 -8 Similar changes due to inclusion of ferrets and usage of registration versus
license.
(c) and (e), page 5 -6 Procedural changes to issuing and collection of registration fees due to updates in
technology.
(k), page 7 Ferrets must be rabies vaccinated annually.
(n) (2), page 7 Reflects changes in state law that allows pets brought in from other states to maintain
the rabies vaccination given outside of North Carolina, provided adequate proof of vaccination is
available.
Section 5 -7, page 9 Ferrets included in rabies vaccination and control.
Section 5 -7(f), page 10 Law update that demonstrates the five day period allowed for re- vaccinating
rabies exposed animals that have a current rabies vaccination.
Section 5 -8, page 11 Change to reflect usage of rabies tag versus pet license supplied by NHCACS.
Section 5 -9, page 11 Addition of ferrets to fines for running -at -large due to inclusion in rabies
vaccination and control measures.
Section 5 -16(d) (1) (2), pages 13 -14 Removal of this entire section due to animal sterilization being
performed on -site prior to placement in the adoption area. (Rest of section lettering changed to reflect
this removal.)
Section 5 -21, page 15 Added "animal" to better describe "trust fund."
Sections 5 -30, 5 -31, and 5 -32, pages 19 -20 Separated these areas of complaint for ease of citation
documentation.
Board of Commissioners Meeting
11/15/2010
6 -2 -2
2010 NHCACS Ordinance Updates Guidance Document
Section 5 -33, page 20 Changed this from Section 5 -66, which is a portion of Article II, Dangerous
Dog /Potentially Dangerous Dog. (This should have been the proper location when it was first added as a
portion of the ordinance.)
Section 5 -63, page 22 Updated procedures to reflect administrative policy for notification for hearing
appeal process.
Sections 5 -63, page 22 and 5 -65, page 25 Updated procedures to be in compliance with state statutes
for appeals to be heard de novo by a superior court judge.
Section 5 -66, page 24 Strike through to reflect move of this section to Article I, In General.
Board of Commissioners Meeting
11/15/2010
6 -2 -3
New Hanover County Code, Chapter Five, Animals 2010
New Hanover County Code, Chapter Five, Animals
ARTICLE I. IN GENERAL.
Sec. 5 -1. Animal control division created.
Sec. 5 -2. Advisory committee.
Sec. 5 -3. Duties of animal control division.
Sec. 5 -4. Definitions.
Sec. 5 -5. Rabies vaccination and county pet registration.
Sec. 5 -6. Keeping stray animals.
Sec. 5 -7. Rabies vaccination and control.
Sec. 5 -8. Wearing of collar, tag and identification required.
Sec. 5 -9. Dogs, cats, and ferrets running at large prohibited.
Sec. 5 -10. Vicious animals.
Sec. 5 -11. Barking dogs.
Sec. 5 -12. Teasing and molesting.
Sec. 5 -13. Injuring animals; notice required.
Sec. 5 -14. Health and welfare.
Sec. 5 -15. Manner of keeping and treating animals generally.
Sec. 5 -16. Impounding animals.
Sec. 5 -17. Redemption procedure for impounded animals.
Sec. 5 -18. Exemptions.
Sec. 5 -19. Interference.
Sec. 5 -20. Collection of dogs and cats for resale prohibited.
Sec. 5 -21. Creation of trust fund, acceptance, investment, use and expenditure of
gifts, grants and award to animal control.
Sec. 5 -22. Records.
Sec. 5 -23. Violations; misdemeanor.
Sec. 5 -24. Jurisdiction.
Sec. 5 -25. Dogs prohibited on Mason Inlet Beach and public riparian property at
certain times, places.
Sec. 5 -26. Dogs running at large prohibited at Mason Inlet Beach and public
riparian property.
Sec. 5 -27. Proof of sterilization of animals adopted in New Hanover County.
Sec. 5 -28. Permits for kennels.
Sec. 5 -29. Permit, Inspection and Enforcement.
Restraint.
Sec. 5-31. Outside Enclosure.
Sec. 3 Public Nuisance.
Sec. 5-33. Responsible breeder's permit.
ARTICLE II. DANGEROUS DOG /POTENTIALLY DANGEROUS DOG
Sec. 5 -61. Definitions.
Sec. 5-62. Exclusions.
Sec. 5-63. Procedure.
Sec. 5 -64. Precautions against attacks by dangerous or potentially dangerous dogs.
Sec. 5 -65. Violation of conditions; euthanization.
Board of Commissioners Meeting
11/15/2010
6 -3 -1
New Hanover County Code, Chapter Five, Animals 2010
New Hanover County Code, Chapter Five, Animals
ARTICLE I. IN GENERAL.
Sec. 5 -1. Animal control division created.
(a) There is created the animal control division of the department of public health of the
county, which shall be composed of the health director, animal control director and such
employees as shall be determined by the county board of health and approved by the
board of commissioners. The director and employees shall be appointed and compensated
in accordance with the personnel policies of the county.
(b) The animal control division shall designate employees or agents enforcing this
chapter as animal control officers. In the performance of their duties, animal control
officers shall have all the powers, authority and immunity granted under this chapter and
by the general laws of this state to enforce the provisions of this chapter, and the General
Statutes as they relate to the care, treatment, control or impounding of animals.
(c) Except as may be otherwise provided by statutes, local laws or ordinances, no
officer, agent or employee of the county charged with the duty of enforcing the
provisions of this chapter or other applicable laws shall be personally liable for any
damage that may accrue to persons or property as a result of any act required or permitted
in the discharge of such duties unless he acts with actual malice.
(d) It shall be unlawful for any person to interfere with, hinder or molest any animal
control officer, iaw �� ifbrc m,eia officer, veterinarian or other duly appointed agent
while in the performance of any duty authorized by this chapter or to seek to release any
animal in the custody of such agents, except in the manner as herein provided. Each
animal control officer while performing his respective duties shall wear an identification
insignia of size and design to be determined by the county board of health.
(e) Animal control officers shall not be authorized to carry on their person any firearms
of any kind unless otherwise authorized by the animal control director. Animal control
officers may store at the animal shelter or carry in departmental vehicles firearms
approved for use and use such firearms when necessary to enforce sections of this chapter
or under applicable laws for the control of wild, dangerous, vicious or diseased animals.
(Code 1978, § 3 -1)
State law references: Appointment of animal control officers authorized, G.S. 67 -30 et
seq.
Sec. 5 -2. Advisory committee.
An advisory committee is created to advise the board of health and the animal control
director with respect to animal control matters. The advisory committee shall be
composed of members appointed by the board of health and shall serve at the pleasure of
the board. Members will include but are not limited to interested citizens and persons
representing animal care, welfare or similar organizations.
(Code 1978, § 3 -2)
Cross references: Administration, ch. 2.
Sec. 5 -3. Duties of animal control division.
(a) The animal control division shall be charged with the responsibility of:
2
Board of Commissioners Meeting
11/15/2010
6 -3 -2
New Hanover County Code, Chapter Five, Animals 2010
(1) Enforcing all state laws, county ordinances, health regulations and resolutions
relating to the care, custody and control of domestic animals, especially with regard to
vaccination of dogs, scats, aiid cc r t against rabies and the secure confinement or
leashing and muzzling of dangerous and /or vicious animals within the county.
Notwithstanding the foregoing, reference is particularly made to G.S. 67 -1 et seq. and
G.S. 130A -184 et seq.
(2) Investigating cruelty, animal abuse or neglect with regard to dogs, cats and other
do mestic animals.
(3) Making such canvasses of the county, including homes in the county, as deemed
necessary for the purpose of ascertaining that all dogs, scats, aiid ft'-.rrets are duly and
properly listed for 1fi registration purposes and that all dogs, scats, aiid ft'-.r
are vaccinated against rabies.
(4) Operating the county animal shelter pursuant to regulations adopted by the board of
health << e e ; e stab]- she " Ily the h. Caro'lfi'ia of Agri, U'It &
(5) Listing for registratimi for dogs, scats, aiid ft'-.rrets and maintaining a
reference file in connection with the list, all in accordance with the provisions of this
chapter and the policies of the board of county commissioners.
(6) Issuing to the owner a citation for rabies vaccination at the time of redemption for
any unvaccinated dog, scat, or �� ret four months of age or older. The animal shall be
vaccinated by a licensed veterinarian, a registered ve emery y ch,. . l Lffider the direc
�,� - .. -...� �.- �u-.._� - �., � � . , � . .r. - a , - � m ::�: ° � "°�:.'° _/ �.�. .. m � .r. �.. . , �.- .r. � . �u �;- , - � 'm °�: _ "' �;�� �:.'° ra ,. n�. �;�� "� � a", - ,. ' m m . , ...,». a " ..
� L[p si � _ c e -- �e i � .a , � _ � se abie . vaccinato r and proof returned
to the animal control division by the owner of the dog, scat, or �� ret within three
business days. If the rabies vaccination is administrated within 72 hours, the citation shall
be void. Individuals who fail to vaccinate their pet within 72 hours may be issued
another citation.
(7) The director and all animal control officers are empowered to issue citations to any
person if there is probable cause to believe that such person has violated any of the
provisions of this chapter.
Citations so issued may be served in person upon the violator by the director or any
animal control officer or they may be mailed by certified mail. Any citation so served or
mailed shall direct the alleged violator to make payment of the fine provided therein to
animal control on or before a specific day and hour stated on the citation and the period
so specified shall not be less than 72 hours after service or delivery to the violator. If the
violator is served by mail, the violator shall have 20 days from the date of the citation to
pay said citation. The citation fines may be recovered by the county in a civil action in
the nature of a debt if the offender does not pay the penalty within 20 days after being
cited.
Any alleged violator may make written appeal of the citation to the health director or his
designee within 20 days of the date of the citation. The right to appeal from the health
director is to the New Hanover County Superior Court.
(8) In addition to and /or in lieu of the civil citation provided for in subsection (a)(7) of
this section, the animal control director may forthwith have a criminal complaint entered
3
Board of Commissioners Meeting
11/15/2010
6 -3 -3
New Hanover County Code, Chapter Five, Animals 2010
against the violator and secure and issue a warrant for his arrest or issue a summons
against such person to appear in court. The arrest or summons shall be for the violation of
the section of this chapter charged in the citation, and, upon conviction, the defendant
shall be subject to the penalties prescribed by this chapter.
(9) �E1�iicin �,.r, �� -;A'R ' P � �,a ;� Sri ' °, �n,a All records with
respect to the citation forms and their disposition shall be maintained so that all such
forms shall be capable of an immediate accounting. Records � c1 n mi sh e
i nn. _ . , nnn the � �; �� " " � ��.. � �u � ` '� ,� :. � � �. ro
(b) The county finance officer or his representative shall periodically investigate the
records of the division for the purpose of determining the disposition of the citation forms
and shall report the result of such investigation to the county manager. For the purpose of
making this investigation, he shall have access to the records of the division.
(Code 1978, § 3 -3; Ord. of 3 -8 -04)
State law references: Provision of local public health services, G.S. 130A -34 et seq. ;
dogs, G.S. 67 -1 et seq.; ( .S. 130A-185 1 seq .
Sec. 5 -4. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(a) Animal control means the animal control division; animal control shelter; New
Hanover County Animal Control Seffvice .
(b) Animal shelter means any premises designated by the county for the purpose of
impounding and caring for all animals found running at large or otherwise subject
to impoundment in accordance with the provisions of this chapter.
(c) At large means the state of an animal when it is off the property of its owner and
not under the restraint of a competent person.
(d) Competent person means a person of suitable age and discretion so as to keep the
animal under sufficient restraint and control in order to prevent harm to person
and property.
(e) Dog means any male or female member of the genus Canis.
(t) Dog shelter means an area sufficient in size to contain a constrained dog in a
normal sitting, standing and sleeping position. The area must have sides and a
leak -proof roof to give protection from the elements. The ground, base or
foundation on which the dog must stand or rest must be well drained and not
subject to flooding or continuously wet or muddy conditions.
(g) Exposed to rabies means that an animal has been bitten by or otherwise come into
contact with any animal known or suspected to have been infected with rabies.
0
Board of Commissioners Meeting
11/15/2010
6 -3 -4
New Hanover County Code, Chapter Five, Animals 2010
(h) Kennel means owning, keeping, or producing three or more litters per calendar
year.
(i) Neutered male means any male which has been surgically altered to prevent
reproduction.
(j) Outside enclosure means a pen large enough to provide each dog less than 25
pounds with a kennel of at least 8 feet x 10 feet in size, and each dog 25 pounds or
greater with a kennel of 10 feet x 10 feet in size. Animal control services reserves
the right to determine if a space is considered suitable for the number and size of
dogs housed in an outdoor enclosure.
(k) Owner means any person owning, keeping, having charge of, sheltering, feeding,
harboring or taking care of any animal. The owner is responsible for the care,
actions and behavior of his animals.
(1) Public nuisance means:
(1) A public nuisance is that which annoys and disturbs rights and privileges
common to the public or to all the people of the community, rendering their ordinary use
or occupation of their property physically uncomfortable to them, or constituting a health
hazard to any person.
(2) Enumerated in this definition, by way of example and not limited to certain types
of animals, are actions involving animals, or conditions maintained or permitted by the
animals' owners or possessors which shall constitute prima facie evidence of a public
nuisance, whether such animals are located or such acts are committed on or off the
owner's or possessors' premises:
a. Any animal which is found at large off the premises of its owner and not under the
restraint of a competent person.
b. Any animal which damages the property of anyone other than its owner, including
but not limited to turning over garbage containers or damaging gardens, flowers or
vegetables.
c. Any animal which is a vicious animal.
d. Maintaining animals in an environment of unsanitary condition is in violation of
section 5 -15.
e. Any act which by virtue of number or type and location is offensive or dangerous
to the public health, safety or welfare.
f. Any animal which barks, whines or howls in an excessive, continuous or untimely
manner.
g. Any animal which is diseased and /or dangerous to the public health.
h. Any animal which habitually or repeatedly chases, snaps at, attacks or barks at
pedestrians, bicycles or vehicles, and is not in an enclosure or under restraint.
i. Failure to confine a female dog or cat while in heat in such a manner that she will
not be in contact with another dog or cat, nor create a nuisance; but this section shall not
be construed to prohibit the intentional breeding of animals within an enclosed area on
the premises of the owner of an animal which is being bred.
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Board of Commissioners Meeting
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New Hanover County Code, Chapter Five, Animals 2010
(m) Rabbit shelter means an area sufficient in size to contain a constrained rabbit in a
normal sitting, turning and stretching position. The shelter must be structurally
sound, provide protection from predators and adverse environments, and be easily
sanitized. The roof must have enough overhang to protect the rabbit from rain.
(n) Restraint means the state of a dog if it is controlled by means of an attended
leash, or is on or within a vehicle being driven or parked, or is within a secure
enclosure. Exceptions to restraint are as follows: Organized and lawful dog
functions; e.g. dog exercise within designated areas of public parks, hunting,
obedience training, field and water training, law enforcement training and /or in
the pursuit of working or competing in those legal endeavors. A dog shall be
maintained securely on the property of its owner. Ropes, chains and the like are
prohibited for any purpose under this chapter.
(o) Secure enclosure means a padlocked pen, with a concrete bottom and a secured
top and /or a locked home or locked outbuilding with a concrete bottom.
(p) Spayed female means any female which has been surgically altered to prevent
conception.
(q) Stray animal means any animal within the county wandering at large or lost and
which does not have an owner, or does not bear evidence of the identification of
any owner, or any dog or cat within the county whose owner, if determinable, has
failed to pay for and procure county license /rabies vaccination tag.
(r) Unaltered animal means any unspayed female or unneutered male animal.
(s) Vicious animal means any animal that has made an unprovoked attack on a
human by biting or in any manner causing injury or the reasonable likelihood of
injury or one who habitually or repeatedly attacks farm stock or other pets.
(Code 1978, § 3 -4; Ord. of 5 -15 -2006, §§ 3, 4; Ord. of 4 -2 -2007)
Cross references: Definitions generally, § 1 -2.
State law references: Animal welfare act, G.S. 19A -20 et seq.
Sec. 5 -5. Rabies vaccination and county pet theen.Lse. re i t ati.. .
(a) Every person who is responsible for any puppy, of kitten, or ( -.rr - shall have such
puppy, of kitten, or tr ret vaccinated against rabies and registered as provided in
this section on or before whei'i the puppy, of kitten, or terret reaches four months of age,
but no earlier than three months of age.
(b) Every dog, scat, and i - rret shall be vaccinated as indicated by the state and the
county. No dog, scat, or � ret shall be exempted from this section due to advanced
age.
(c) The animal control director shall � SSU numbered
fry. es tags for distribution to veterinarians to accomplish the vaccination- ' ..............
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Board of Commissioners Meeting
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New Hanover Count Code, Chapter Five, Animals 2010
re pro described in this chapter.
Omnlit rVI-1
th.at - - - e ML-L"Au use their own e ef eeftif�pAtpas-. inese,R.a1-)i,es certificates
.7
iSSUed to pet owiiers in New Haiwveff Count shall note if the pet owner
F paid a
count pet re for his their pet. There also shall be a statement indicatin
that the count re all do scats, aiid ft,-.rrets four months or older to pa an
annual count re fee. This information shall either be pro into
the veterinar hospital's computer pro or stamped on the certificate b the hospital.
Such stamp shall be provided b animal control.
( d ) The count board of health shall establish a preset fee for each combined set
comprisin a vaccination- 1fi.%e..e-.:RS.,a certificate and a ta This fee shall be in
addition to the amount the veterinarian ma char for their supplies and services in
vaccinatin a do scat, or , -.r et.
( e ) No veterinarian practicin in the count shall vaccinate a do of-cat, or fccrret
without compl with the re re of this section. Each veterinarian
wl-i,.o a to act, as an a of the count to 0-1-lect, the pet re feels will 'a-.)e
I -in thp- P- 4 LAII
provided rabies ta ftom, the anima.i. coiitro]. director. X"%./L1X%./XXX XXX L1XX%.-1 SX-L"XX
F
ff 2P-V-
k-.f X X X L, X LAJL"AIJL A" 101f aatatd& taa A.Q. tmteeessar-
:rp- thAt hp- uZill ldiQi2hAvap- LiQ iAlitu to X T 1-1 eei nate a 1iP-P-:MQa An d I P- A
to ensti..... Ll-.-..Ll JLJL%.., VVJL-JL-JL JLjLjLkj %&LXLI V ILMA./I "JLX%�& %./U
lingAP-r- I 1 19 s .. ----Ns shall 'a-.)e
Veterinarians who choosAfl not to co.i..i.ect the re
respoi,isi1r).i.e f r providiii their owii rabies ta
( f ) Each veterinarian shall pa the fee to the animal control director for each set of
certificates and ta as established b the count board of health b the tenth da of the
followin month.
(g) When vaccinatin an do of-cat, or fccrret, a veterinarian shall completel fill out in
triplicate copies of the rabies certificate tc-) LLrtL,"ai:HL%e-,%(J :LfxL c3liFft thfbeu/ "a:jmLxjij4FjnLjLLaL1jL e0fitfffll- %IARL eetof with
the information re b the animal control director. The veterinarian shall
immediatel provide one cop to the person responsible for the do of-cat, or terret and
who is presentin the do of-cat, or !��rret for vaccination- liee., nt Qo
Lsm ......... re and
present another cop to the animal control director b the tenth da of the followin
month. The remainin cop of the certificate shall be retained b the veterinarian
performin the vaccination.
( h ) The cop of the certificate g iven to a person responsible for the do or-cat, or !��rret
shall be retained b that person and be available for inspection b the animal control
director or an authorized representative or an law enforcement officer.
( i ) At the time of vaccination of an do or-cat, or ferret, the veterinarian shall deliver
the ta to the person responsible for the do or-cat, or !�� rret. It is the responsibilit of
ever person responsible for a do or-cat, or terret to attach the ta to the collar or
harness of the vaccinated do of-cat, or !��rret and determine that such collar or harness is
worn b that do of-cat, or !� ret at all times when the do Of-cat, or ! ret is outside the
residence of a person responsible for the do of--cat, �� rret. An do of-cat, or !��rret
found without a ta may be deemed to be not vaccinated under this chapter.
(j) A veterinarian shall be reimbursed and paid the fee for each certificate and ta b the
person responsible for the do of-cat, or ! ret bein vaccinated and re
7
Board of Commissioners Meetin
11/15/2010
6-3-7
New Hanover Count Code, Chapter Five, Animals 2010
and pa ma be retained b the veterinarian in addition to the veterinarian's fee for
vaccinatin the animal.
( k ) The first vaccination of a do or-cat, or ferret, shall be valid for one y ear from the
date of vaccination. The second vaccination for do or cats shall be valid for three y ears
from the date of the second vaccination. Ferrets re annual rabies vac(� inations.
The animal control director shall be responsible for notif the person responsible for
the vaccination of an do or-cat, or !� r that his do or-cat, or !� r needs to be
vaccinated a
( 1 ) Do of-cat, or � rret re shall be valid for one y ear from the date of
the vaccination and shall be renewed annuall durin the same month. The animal control
director shall mail out a 1fi.,e..e-.:HSt:h re renewal notice to each do scat, aiid
fcrret owner 1-' re with the animal control one the month before their do
of-cat, or ft,-.rret IfiWeense re expires.
( m ) It shall be the responsibilit of the person responsible for the do Of-cat, or !�� rret to
have the do of--cat, or f ret vaccinated- on time.
( n ) A do of-cat, or !�� rret brou into the count which has been vaccinated in
accordance with the re of the state pursuant to G.S. 130A-193, shall be
re in the count within 30 da of initial entr into the count All other do of
cats, or fccrrets brou into the count shall be vaccinated and re
immediatel This 1' re shall be accomplished in either of the followin
wa
( 1 ) A person responsible for the do of-cat, or !�� rret ma have the animal vaccinated
under the procedure previousl described in this section.
( 2 ) A person responsible for the do of-cat, or fccrret ma present a valid ra"llies
vaccination certificate from a veterinarian licensed b a state of the United States
( re g ardless of whether that veterinarian has been licensed in the state to a veterinarian
w h i c h re do cats aiid ft,-.rrets for the count or to the animal control
director or his authorized representative at animal control. Upon presentation of such a
document, the person responsible for the do or-cat, or !��rret shall be issued a recel'
g re A. tl"Acr And lieense eertif�e to expire no later than the period the
& "XX%I& XX%�,%�, %�,X L1X_LX%./
anti-rabies is effective, upon pa of the 14.eelnsel re fee established b the
f-QP- nAid tiCl thP ATPtP:VinA:ViAn ffZW Q11nn1iPQ
count board of health. ifl. LaL%d1&%dJitL1JiKcfflX tLIE) th%ea JL%,%, F L-LJL%I& LIN-If LIXX%, V%1L1%1_JLJLJLXL,L_JLJLL,LJLX A-k-rX LYLX
Q PVA T
( o ) The animal control director shall hold an annual rabies clinic for the purpose of
obtainin compliance with this section and the state law re an annual rabies clinic.
Rabies vaccination fees at this clinic shall be established b the count commissioners
and shall include an administrative char
( p ) The animal control director or his authorized representative or an police officer
who discovers that a person responsible for a do of-cat, or fccrret does not have valid
proof of rabies vaccination shall cause the person who owns, redeems or adopts a do of
cat, or ft,-.rret to vaccinate such do of-cat, or fccrret within 72 hours. If the rabies
vaccination is administered within the 72 hours, the citation shall be void. Individuals
who fail to vaccinate their do of--cat, or !�� rret within the 72 hours shall be issued
another citation. It is the owner's responsibilit to notif animal control that the rabies
vaccination has been administered or pa the fine.
►�
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New Hanover County Code, Chapter Five, Animals 2010
(q) The animal control director or his authorized representative or any law enforcement
officer who discovers that a person responsible for a dog, scat, or �� ret does not have
valid proof of a current county pet registratiorl, shall issue that person a citation for
failure to purchase a county pet registra and cause the person who owns,
redeems or adopts a dog, scat, or ret to purchase such dog, scat, : ret a county
pet regis within 72 hours. Individuals who fail to purchase the county pet
re gistr ati, mi within 72 hours shall be issued another citation for failure to purchase
the required registr It is the owner's responsibility to submit to animal
control proof of purchase. County pet registrati,mi citations shall not be void. No
county registrati,mi shall be sold without proof of a current rabies vaccination.
(r) In addition to all other penalties prescribed by law, a dog, scat, or �� ret is subject
to impoundment in accordance with the provisions of this chapter if the dog, scat, or
f(-.� rret is found not wearing a currently valid dog, scat, or cc ret vaccination- '
egistr ,m tag.
(s) It shall be unlawful for any person to use for any dog, scat, or fccrr et a vaccination-
IL i °
�
. tag issue to any oth d og, scat, �° �r
(t) Any operator of a kennel/cattery or owner or keeper of a pack of dogs or cats, in lieu
of paying the registrati,mi fee for individual dogs or cats as provided, may pay the
current fee schedule adopted by the county board of health for a kennel/cattery.
� � ��a i shall be purchased at animal control,
p p
and a valid vaccination certificate shall be presented before each animal is
reg
(Code 1978, § 3 -5)
State law references: Rabies vaccination certificates, G.S. 130A -189; vaccination and
confinement of dogs and cats brought into the state, G.S. 130A -193; county rabies
vaccination clinics, G. S. 130A -187; fee for vaccination at county rabies vaccination
clinics, G.S. 130A -188; authority to impose an annual license tax on dogs and other pets,
G.S. 153A -153; dogs and cats not wearing required rabies vaccination tags, G.S. 130A-
192.; G.S. 1_30A-185 c-2-1 se
Sec. 5 -6. Keeping stray animals.
It shall be unlawful for any person in the county to knowingly and intentionally harbor,
feed, keep in possession by confinement, or otherwise, any stray animal which does not
belong to him, unless he has, within 24 hours from the time such animal came into his
possession, notified animal control of his intentions to either surrender the stray animal to
animal control or advertise such stray animal in the local newspaper with the most
circulations of five consecutive days. If the individual holding the stray animal selects to
advertise the animal and the prior owner does not respond by the tenth day, the individual
who has advertised shall be deemed the legal owner. If the advertisement has not started
within 72 hours, animal control requires that the animal be surrendered to an authorized
representative of animal control. It shall be unlawful for any person to refuse to surrender
any such stray animal.
(Code 1978, § 3 -6)
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Board of Commissioners Meeting
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New Hanover County Code, Chapter Five, Animals 2010
Sec. 5 -7. Rabies vaccination and control.
(a) Vaccination required. Should it be deemed necessary by the county health director,
the board of county commissioners or the state public health veterinarian that other
animals be vaccinated in order to prevent or control an epidemic, a potential epidemic, an
existing epidemic or other communicable conditions dangerous to or threatening the
health or welfare of persons or animals in the county, it shall be unlawful for an owner to
fail to provide current, necessary inoculations as directed against rabies or other
communicable diseases or conditions.
(b) Bite cases; duty of =mer to mport. Every dog, scat, :� ret which has bitten
anyone or which shows symptoms of rabies shall be confined immediately and shall be
reported immediately to animal control by its owners or persons having charge of the
animal. set __ 1. ar providers, tios _s, d � �terina � re � �F � _ �F , f � .
1.1[, . jurisdictions of . m_ . l bites to hum-ans. Te purpose ot reporting is to assure
appropriate rabies prevention measures are initiated after a bite, inc]-udin obstf.11rvatimi of
1-i,eallt,h do cats, and ferret,,.;. laborator testin of willd ariima'[S' WOUrid care arid
15 9
appropriate rabies POSt-.P.11APOSUre proph ( PEP ) .
ThereUPOII. the r a shall be securely quarantined at the direction of the animal control
director for a period of not less than ten days and shall not be released from such
quarantine except by written permission from the animal control director. If the dog, of
cat, or �r ret becomes sick during the ten -day period, the dog, scat, � ret shall be
examined by a licensed veterinarian at the expense of the owner. The biting animal, and
its record of vaccination and registration, if any, shall be inspected by an animal control
officer, who shall observe the following procedure:
(1) A properly vaccinated and licensed animal may be securely quarantined and
confined on the owner's premises if an animal control officer determines that the owner
has an adequate means of confinement and quarantine upon his own premises, that the
animal is being properly and adequately confined and quarantined on the owner's
premises, and the animal is subject to observation by animal control at any time during
the ten -day quarantine period. The owner has 72 hours to present to the officer proof of
vaccination and license. If valid proof is not presented within 72 hours, the animal control
officer shall seize the animal and confine it at a veterinary hospital, in a kennel approved
by the board of health or animal control at the expense of the owner to complete the
quarantine or confinement period. The animal shall not be vaccinated prior to or during
quarantine and confinement.
(2) Any animal not properly vaccinated or licensed shall immediately be quarantined
and confined in a veterinary hospital, in a kennel approved by the board of health or
animal control at the expense of the owner for the ten -day quarantine period. The animal
shall not be vaccinated prior to or during quarantine and confinement.
(3) Any stray animal shall immediately be quarantined and confined in the county
animal shelter for a ten -day period, or sacrificed, and the head examined for rabies.
(c) Surrender for quarantine required on demand. Except as provided in subsection
(b) of this section, it shall be unlawful for the owner to refuse to release upon demand,
after an investigation by animal control any animal which has bitten a human or other
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New Hanover County Code, Chapter Five, Animals 2010
warm - blooded animal for the purpose of quarantine, the expense of which shall be borne
by the owner. If rabies does not develop within ten days, the animal may be reclaimed
upon payment of the current fee schedule adopted by the board of health and upon
compliance with other provisions of this chapter.
(d) Rabies diagnosed. If any animal dies while under observation for rabies, that
animal's head shall be submitted to the county health department and the state laboratory
of hygiene for analysis.
(e) Emergency quarantine and procedure.
(1) When reports indicate a positive diagnosis of rabies, the county director of public
health shall order an area -wide quarantine for such period as deemed necessary; and upon
the invoking of such emergency quarantine by the health director, no animal capable of
contracting rabies shall be at large or not strictly restrained during such period except for
treatment at the office of a licensed veterinarian. During such quarantine, no animal may
be taken or shipped from the county without written permission of the health director,
and each member of animal control, police and sheriffs department is fully authorized
during such emergency to impound or follow the procedures in G.S. 130A -195 in
handling any animal found running at large in the county.
(2) During the quarantine period, the health director shall be empowered to provide for a
program of mass immunization by the establishment of temporary emergency rabies
vaccination clinics strategically located throughout the county. No animal which has been
impounded by reason of its being a stray, unclaimed by its owner, shall be allowed to be
adopted from the animal shelter during the period of emergency rabies quarantine except
by special authorization of the county health director.
(f) Destruction of animals bitten by rabid animal. Animals With. L [t a CU
acch' i that are bitten by a known rabid animal shall be immediately destroyed
unless the owner agrees to strict isolation of the animal at the animal shelter or at a
veterinary hospital for a period of six months; or if the animal has a current rabies
inoculation, it shall be revaccinated immediately. Any current, y rabies vac w anim-al
a , a...
(g) Extension of quarantine. If there are additional positive cases of rabies occurring
during the period of quarantine, such period of quarantine may be extended at the
discretion of the county health director.
(h) Filling or releasing animals under observation prohibited; penalty. It shall be
unlawful for any person to kill or release any animal under observation or quarantine for
rabies, any animal suspected or having been exposed to rabies, or any animal having
bitten a human or other warm - blooded animal, or to remove such animal from the county
without written permission from the county health director. Any violation of this section
shall be subject to those penalties prescribed by section 5 -23.
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New Hanover County Code, Chapter Five, Animals 2010
(i) Surrender of carcass for examinations. The carcass of any dead animal exposed to
rabies shall be surrendered to the animal control division. The head of such animal shall
be submitted to the county health department and the state laboratory of hygiene for
analysis.
0) Failure to surrender carcass prohibited. It shall be unlawful for any person to fail
or refuse to surrender any animal for quarantine or destruction as required in this section
when demand is made by animal control division.
(Code 1978, § 3 -7)
State law references: Confinement of all biting dogs and cats, G.S. 130A -196;
confinement, G.S. 130A -198; infected dogs and cats to be destroyed, G.S. 130A -197;
rabid animals to be destroyed, G.S. 130A -199; rabies quarantine, G.S. 130A -194 et seq.
G. fi 8
Sec. 5 -8. Wearing of collar, tag and identification required.
(a) Upon the owner's compliance with the rabies inoculation and registr
provisions of this chapter, there shall be issued to the owner a numbered li%ewetP.Se. r ab i es
vaccination tag, stamped with the number and the year for which the tag was issued.
(b) It shall be unlawful for any dog or cat owner to fail to provide his dog or cat with a
collar or harness to which a current county egist ° atior /rabies vaccination tag
shall be securely attached.
(c) A collar or harness with attached tag shall be worn at all times. A dog or cat shall be
exempt from wearing the collar or harness when the dog or cat is confined to an
enclosure on the owner's premises, or during the time the dog or cat is performing at
shows, obedience trials, tracking tests, field trials, training schools or other events
sanctioned and supervised by a recognized organization. Owners of dogs and cats not
wearing a tag as required in this section may be prosecuted for violating this chapter, or
the dog or cat may be impounded.
(Code 1978, § 3 -8)
State law references: Dogs and cats not wearing required rabies vaccination tags, G.S.
130A -192.
Sec. 5 -9. Dogs, scats, or frrets running at large prohibited .
(a) It shall be unlawful for any owner of a dog, scat, or fccrr et to allow it to run at large
off the premises of its owner.
(b) Upon an animal control officer's observation of a dog, c at. or :� ret running at large,
or off the premises of its owner and not under the restraint of a competent person of n e
the officer may, at his discretion, impound the dog, c at. or :� ret or return it to its
owner.
(c) Upon an animal control officer's receipt of a complaint that a dog, c at. � ret is
running at large or is off the premises of its owner and not under the restraint of a
competent person,
the officer shall investigate the complaint;
and upon finding that there is probable cause that a violation has occurred, the officer
12
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New Hanover County Code, Chapter Five, Animals 2010
may issue a citation or a warning or take any other action contained in this chapter or any
state law as the circumstances may require.
(d) Any owner cited for a violation of this chapter may discharge the citation upon
payment of the current fee schedule adopted by the board of health. If the dog, at. or
fcrret is impounded, the owner may redeem the dog, cat. or : ret under the provisions of
section 5 -17, provided the owner is in compliance with all other applicable provisions of
this chapter. If the owner is charged under a warrant, summons, or bill of indictment and
convicted, the provisions of section 5 -23 shall apply.
(Code 1978, § 3-7) (Sel..el. Selc. 5-32 PU'11-fllic NUisaricte--, 1br other at lar aiiima].S.)
Sec. 5 -10. Vicious animals.
It shall be unlawful for any person to keep any vicious, dangerous or fierce animal within
the county unless the animal is confined within a secure building or secure enclosure, or
unless the animal is securely muzzled and under restraint by a competent person who, by
means of a leash in hand, has such animal totally under control at all times.
(Code 1978, § 3 -10)
Cross references: Environment, ch. 23.
State law references: Precautions against attacks by dangerous dogs, G.S. 67 -4.2 et
seq.; possession of dangerous animals, G.S. 153A -131.
Sec. 5 -11. Barking dogs.
It shall be unlawful for any dog owner to keep or have a dog that habitually or repeatedly
barks in such a manner or to such an extent that it is a public nuisance.
(Code 1978, § 3 -11)
Sec. 5 -12. Teasing and molesting.
It shall be unlawful for any person to maliciously tease, molest, bait or in any way bother
any animal.
(Code 1978, § 3 -12)
State law references: Authority to prohibit the abuse of animals, G.S. 153A -127.
Sec. 5 -13. Injuring animals; notice required.
It shall be unlawful for any person injuring a dog or cat, or other domestic animal by
running over or into a dog or cat, or coming into contact with a dog or cat, with an
automobile, motorcycle, bicycle or other vehicle, to fail to immediately notify the owner
of the animal, animal control, or the police department if in a city or the sheriff s
department if in the county.
(Code 1978, § 3 -13)
Sec. 5 -14. Health and welfare.
It shall be unlawful for any person to molest, torture, deprive of necessary sustenance,
cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to
conditions detrimental to its health or general welfare any animal or to cause or procure
such action. The term "torture," "torment" or "cruelty" shall be held to include every act,
omission or neglect whereby unjustifiable physical pain, suffering or death is caused or
permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer
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Board of Commissioners Meeting
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New Hanover County Code, Chapter Five, Animals 2010
and other game for human food, nor to prohibit animal control or its agents or the
humane society or veterinarians from destroying dangerous, unwanted, sickly or injured
animals in a humane manner.
(Code 1978, § 3 -14)
State law references: Animal welfare act, G.S. 19A -20 et seq.
Sec. 5 -15. Manner of keeping and treating animals generally.
It shall be unlawful for any person to keep animals under unsanitary or inhumane
conditions, or to fail to provide proper food and water at all times, shelter from the
weather, reasonably clean quarters and proper medical attention for sick, diseased or
injured animals as defined in G.S. 19A -23, as well as adequate inoculation against
disease, according to the species of the animal kept.
(Code 1978, § 3 -15)
State law references: Definitions of animal welfare act, G.S. 19A -23; penalty for failure
to adequately care for animals, G.S. 19A -35.
Sec. 5 -16. Impounding animals.
(a) Authorized. Any animal which is lost, strayed or unwanted or any dog, scat, or
fcrret which is found not wearing a currently valid county g stra n/rabies
vaccination tag, as required by state law or this chapter, or any dog, scat, or fccrr et found
being treated inhumanely, shall be confined at animal control in a humane manner for a
period of five business days for redemption by the owner or otherwise disposed of as
provided in this section.
(b) Release, sale, destruction. If an impounded animal is not redeemed by the owner
within the time allowed for redemption, it may be offered for adoption to any responsible
individual who is willing to comply with this chapter; and when such animal is offered
for adoption, it shall be to the first person paying for it as provided in this article. The
director of animal control may take a person's association with the prior owner into
consideration when determined if he or she is sufficiently responsible to adopt. Animals
not redeemed within the required holding period after being taken into custody may be
destroyed by animal control in a humane manner as recommended by the American
Veterinary Medical Association, or may be made available to officially approved and
recognized medical schools or research institutions, or for use by a local veterinarian as a
blood donor or for a study of local animal diseases. If the animal is made available for
study of local animal diseases, blood samples shall be taken at animal control; then the
animal will be euthanized at animal control. If the animal is made available for research,
the animal must be euthanized at animal control.
(c) Notifying owner. Immediately upon impounding an animal, animal control shall
make reasonable efforts to notify the owner and inform such owner of the conditions
whereby the animal may be redeemed.
(
14
Board of Commissioners Meeting
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New Hanover County Code, Chapter Five, Animals 2010
1�r o nr�imn ntr�l Ax ii 4n�TCr from 1h ��� 10 of crl ornl ier�
-J L _ J L X - -J
( d) Suspected rabies. Animals impounded which have been bitten or are suspected of
having been bitten by a rabid animal or appear to be suffering from rabies shall not be
released but shall be treated in accordance with the provision in section 5 -7.
( e ) Unwanted, diseased or injured animals. If an animal is officially surrendered by
the owner to animal control, it becomes property of the county and may be adopted or
destroyed in a humane manner immediately.
( f ) Other diseased or injured animals. Any animal impounded which is badly wounded
or diseased and has no identification shall be destroyed immediately in a humane manner.
If the animal has identification, animal control shall attempt to notify the owner before
disposing of such animal; but if the owner cannot be reached readily, and the animal is
suffering, animal control may destroy the animal in a humane manner within its
discretion.
( g) Provision for animals, animal control cannot care for. Animal control is
authorized to obtain suitable board, maintenance and care for any impounded animal,
from any available source, when animal control is not equipped to provide care. The
owner of any animal impounded and provided care under this section may redeem the
animal within five business days upon the payment of all costs of maintenance,
transportation and care in addition to the regular redemption fees provided in section 5-
17o If not redeemed, the animal may be sold for fair market value and report of the sale
duly reported to county finance.
( ti) Animals impounded pursuant to judicial process or administrative seizure. Should
animal control take possession of any animals pursuant to a judicial order, warrant or
administrative seizure, or other authorized action, by any law enforcement officer or
animal control officer, the animal shall be confined at animal control or another
appropriate facility designated by the director of animal control for a period of five
business days. Prior to the end of the fifth business day of the holding period, the owner
must remove the animal to a site acceptable to the director of animal control with a
maintenance agreement acceptable to the director, pending resolution of any pertinent
judicial proceeding. Any animals not removed in accord with the manner and time
specified in this subsection shall be deemed abandoned. Any such abandoned animal
shall become the sole property of the county and may be offered for adoption, destroyed
or otherwise disposed at the county's election. Any and all incurred costs, expenses and
fees for maintenance, transportation and care, whether within or outside the county, shall
be the duty and liability of the owner whose animal was impounded under this section.
Should a court order any injunctive relief permitting the subject animal to remain within
the county at the animal control facility or at some other facility within the county
acceptable to the director of animal control, the owner must pay all costs, expenses and
fees for maintenance and care on a weekly basis, in advance of the weekly term. Should
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New Hanover County Code, Chapter Five, Animals 2010
such costs, expenses and fees not be paid within two working days of their being due, the
animal shall be deemed abandoned and shall become the sole property of the county.
(Code 1978, § 3 -16)
State law references: Care of seized animals, G.S. 19A -47.
Sec. 5 -17. Redemption procedure for impounded animals.
(a) When any animal has been impounded at animal control, notice of such
impoundment shall be given to the owner; or if the owner is unknown, notice shall be
posted for three business days; or if the animal has a valid county license /rabies
vaccination tag, it shall be posted for five business days or until disposal of the animal.
The notice shall be posted on the animal's pen at animal control and shall indicate the
time and place of taking the animal and the time and date of posting the notice. The time
for redemption of the animal shall not begin to run until such notice has been given or
posted.
(b) The owner shall be entitled to resume possession of his animal, except as already
provided for certain animals, upon compliance with the provisions of this chapter and
upon payment of the current fee schedule adopted by the board of health.
(c) If two or more violations occur within one year, the owner redemption fee shall be
paid according to the current fee schedule adopted by the board of health. In addition to
other fees set out in this section, a boarding fee at the rate according to the current fee
schedule adopted by the board of health shall be paid before animals may be redeemed.
(Code 1978, § 3 -17)
Sec. 5 -18. Exemptions.
Veterinary hospitals, clinics and other premises operated by licensed veterinarians for the
care and treatment of animals are exempt from the provisions of this chapter except for
sections 5 -5, 5 -14 and 5 -15.
(Code 1978, § 3 -18)
Sec. 5 -19. Interference.
It shall be unlawful and a violation of this chapter for any person to release any animal
from a trap or cage, or carry away, interfere with or damage any trap or cage set out or
placed by animal control.
(Code 1978, § 3 -19)
Sec. 5 -20. Collection of dogs and cats for resale prohibited.
It shall be unlawful for any person to collect any dog or cat within the county for the
purpose of resale. This shall include but is not limited to home solicitations or the setting
of traps on any land within the county for the purpose of reselling these animals.
(Code 1978, § 3 -20)
Sec. 5 -21. Creation of trust fund, acceptance, investment, use and expenditure of
gifts, grants and award to animal control.
(a) The animal control trust fund account may accept and disburse gifts, grants and
awards made to animal control.
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New Hanover County Code, Chapter Five, Animals 2010
(b) The trust fund account is to be self- perpetuating from year to year unless abolished
by county board of health.
(c) The trust fund shall be for the use of animal control capital outlays, spay /neuter
programs with local veterinary hospitals, pet parks and programs to increase pet adoption.
(d) Gifts, grants and awards received from public and private donors shall be deposited
in the ariimbal control trust fund account created in this section and shall at all times be
kept separate and apart from the general funds of such that they will ensure to the use and
benefit of animal control.
(e) Gifts, grants and awards not immediately used shall be invested in accordance with
the county's investment policy.
(f) Funds not expended at the close of the fiscal year shall be carried forward into the
next year.
(g) Gifts, grants and awards to the trust fund account shall be received by animal control
and delivered to the finance office, who shall deposit them as determined by subsection
(d) of this section. These gifts, grants and awards shall be expended by the finance
director only upon receipt of a resolution duly adopted by the county board of health.
(h) Any gifts, grants or awards received subject to a condition shall be expended strictly
in accordance with such condition.
(Code 1978, § 3 -21)
Sec. 5 -22. Records.
It shall be the duty of animal control to keep or cause to be kept accurate and detailed
records of:
(1) Impoundment and disposition of all animals coming into animal control.
(2) Bite cases, violations and complaint investigations.
(3) All moneys belonging to the county which were derived from impoundment fees,
penalties and adoptions of animals.
(4) All other records deemed necessary by the county manager.
(Code 1978, § 3 -22)
Sec. 5 -23. Violations; misdemeanor.
(a) Pursuant to state law, it is a class 3 misdemeanor punishable by a fine not to exceed
$500.00 to violate any provisions of this chapter unless otherwise provided herein.
(b) In addition to and/or in lieu of the criminal sanctions imposed pursuant to subsection
(a) of this section, the county may issue civil citations, in such amounts as established by
the county board of health, for any violation of this chapter. Each separate violation under
this chapter shall constitute a distinct offense under this chapter. These civil citation
penalties may be recovered by the county in a civil action in the nature of debt if the
offender does not pay the penalty after being cited as set forth in section 1 -6.
(Code 1978, § 3 -23)
Sec. 5 -24. Jurisdiction.
This chapter shall be effective within the corporate limits and extraterritorial jurisdiction
of any municipality within the county which shall so agree by appropriate resolution.
(Code 1978, § 3 -24)
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New Hanover County Code, Chapter Five, Animals 2010
Sec. 5 -25. Dogs prohibited on Mason Inlet Beach and public riparian property at
certain times, places.
No person shall allow a dog on the public beach of the Atlantic Ocean or other public
riparian property within any portion of the unincorporated county situated on
Wrightsville Beach Island north of the town boundary lines, whether on a leash or not, at
any time between the dates of April 1 and September 20 of each year.
(Ord. of 2 -4 -2002, § 1)
Sec. 5 -26. Dogs running at large prohibited at Mason Inlet Beach and public
riparian property.
It shall be unlawful for the owner of a dog to allow the animal to be off the premises of
his owner and not on a leash within any portion of the unincorporated county situated on
Wrightsville Beach Island north of the town boundary lines.
(Ord. of 2 -4 -2002, § 2)
Sec. 5 -27. Proof of sterilization of animals adopted in New Hanover County.
Any group, organization, or entity offering animals for adoption in New Hanover County
must provide proof of sterilization for every animal prior to adoption.
(Ord. of 5 -15 -2006, § 5)
Sec. 5 -28. Permits for kennels.
(a) No person may maintain a kennel within the County of New Hanover except in
accordance with a permit issued pursuant to this section.
(b) Animal control shall issue the permit required by this section. The permit application
forms shall be promulgated by animal control pursuant to this section. Before issuing the
permit, animal control shall require proof that each of the following conditions has been
met by the kennel operator:
(1) Each dog must be kept or maintained in the kennel vaccinated for rabies and must be
licensed as required by Sec. 5 -5;
(2) Permits shall include the name, address, and telephone number of the owner /operators
of the kennel, the address and physical location of the kennel, and the number of dogs
over the age of six months being kept at the kennel as of January of the year for which
the permit is issued.
(3) The dogs are to be kept or maintained in any kennel or enclosure other than the
principal structure on the premises, whether on a temporary or permanent basis, said
kennel or enclosure must satisfy the size and location criteria of Sec. 5 -4;
(4) The applicant or any other person associated with the operation of the commercial
kennel must not have been convicted or found liable for cruel or inhumane treatment of
animals within the five (5) years next preceding the date of the permit application;
(5) There must be no violations of any health or sanitation codes or ordinance arising
from or in connection with the handling or disposal of animal wastes involving the
premises or any person associated with the operation of the kennel for the five (5) years
next preceding the date of the permit application;
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New Hanover County Code, Chapter Five, Animals 2010
(6) If the applicant is not the owner of the premises proposed for the kennel operation,
there must be written permission from the owner of the premises to engage in the
operation of the kennel;
(7) There must be no reported incidents of noise disturbances caused by barking dogs or
incidents of injurious or threatening behavior by dogs on the premises for the twelve (12)
months next preceding the date of the license or permit application. Any such reported
incidents must be independently verified and confirmed in the records of the New
Hanover Sheriff's Office, Wilmington Police Department, Animal Control Division of
New Hanover County or any other law- enforcement agency.
(8) No more than one kennel permit may be issued for any premises within the county.
For purposes of determining the number of dogs, all dogs on a single premise shall be
included in the total.
(c) When a permit is denied for any reason, animal control shall state the reason for the
denial in writing and shall deliver the determination to the applicant personally or by
registered or certified mail, return receipt requested.
(d) Any kennel issued a license or permit pursuant to this section shall be maintained in a
clean and sanitary condition at all times: The portion of the premises occupied by the
kennel shall be cleaned of dog feces and other animal waste at least once a day and said
feces and animal waste shall be properly disposed of. Failure to maintain a kennel in
accordance with this provision shall also result in the kennel and dogs being declared a
public nuisance pursuant to Sec. 5 -4 and shall subject the kennel operator to the
abatement procedures and penalties set forth in Sec. 1 -6.
(e) The requirements of this section apply to all kennels in operation within the county
on the effective date of this section, as well as any established or brought within the
county thereafter. However, operators of kennels that are within the county on the
effective date of this section shall not be deemed in violation until after they have been
notified in writing of the requirements of this section and have failed to apply for the
required permit within thirty (30) days. In any event, no kennel operator shall be deemed
in violation of this section for a period of one hundred eighty (180) days following its
effective date.
(f) A permit issued in accordance with this section may be revoked by animal control
for any of the reasons enumerated under subsection (c), above. Animal control shall state
the reason for the revocation in writing and shall deliver the determination of revocation
to the permittee personally or by registered or certified mail, return receipt requested.
(g) Any person who is denied a permit or whose permit is revoked pursuant to this
section shall have thirty (30) days to comply with the requirements of this section or to
reduce the number of dogs on the premises to not more than four (4).
(h) Any person who is denied a permit or who has a permit revoked may appeal the
denial or revocation to the county manager or his designee by giving written notice of
appeal to the county manager within thirty (30) days or after the receipt of the written
determination. The county manager or his designee shall conduct a de novo hearing to
determine if the permit should be denied or revoked. Any enforcement action shall be
stayed pending determination of an appeal pursuant to this subsection.
Sec. 5 -29. Permit, Inspection and Enforcement.
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New Hanover County Code, Chapter Five, Animals 2010
(a) Complete applications shall be reviewed and approved or denied within thirty (30)
days of the date of submittal. Annual permits are valid from the time they are issued until
the first day of the month of January of the next year after their issuance. The annual
permit fee will be set by the county board of health. Applicants that hold a license issued
pursuant to the North Carolina Animal Welfare Act, shall have the fee for such license
credited towards the licensing fee imposed by this ordinance. The animal control director
shall mail out a permit renewal notice to each kennel one month before their kennel
permit expires.
(b) Kennel permits shall be issued by animal control.
(c) The application must be complete in order for animal control to accept and review the
application. Prior to administrative approval, animal control may conduct a criminal
background check of the applicant and property owner.
(d) Within thirty (30) days of submission of the application for a license or permit, animal
control may conduct an inspection of the kennel.
(e) Animal control shall inspect kennels on an annual basis. The inspection must be
during business hours. Notice is not required before an inspection. The inspection report
must list separately each standard set forth in Sec. 5 -28 and must require animal control
to document whether the facilities comply with each standard.
(f) Upon failure by a kennel operator to grant access to animal control to perform the
annual inspection or discovery of a violation of any provision of this ordinance, animal
control may revoke the permit or require cure of set violations within thirty (30) days.
However, upon a finding of gross abuse or gross neglect, animal control shall
immediately impound all animals found on the premises.
(g) The animal control director or their authorized representative or any law
enforcement officer who discovers that a person responsible for a kennel does not have
valid proof of a current kennel permit shall issue that person a citation for failure to
purchase a permit and cause the person to purchase such kennel permit within 72 hours.
Individuals who fail to purchase the permit within 72 hours shall be issued another
citation for failure to purchase the required permit. It is the kennel owner or operator's
responsibility to submit to animal control proof of purchase.
(h) All complaints concerning dogs within the county shall be investigated and addressed
by animal control. Notwithstanding subsection (f), if any person shall deny animal
control admittance to his property, upon probable cause, animal control shall be entitled
to secure from any judicial official with jurisdiction to issue warrants a court order
granting such admittance.
(i) Any person who violates any provision of this ordinance shall be deemed guilty of a
misdemeanor and shall be punishable according to N.C.G.S. § 14 -4. Each day that a
violation continues shall constitute a separate offense. The county may also initiate any
applicable civil action, such as the seizure of animals and /or revocation of a kennel
permit.
Sec. 5-30. Restraint. ("Do Tied Out.)
a re prohibited o r any purpo under this chapte
E xceptions t restraint are as follows : Organized and .. a %.f .-.l do � l -..:. c ,, ....:..a ��
" . dog
exercise withh'i desi areas of pu'rfliic parks, hill"Itn"I' o'11-.)edi,eiice trainfii fie'ld aiid
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New Hanover Count Code, Chapter Five, Animals 2010
water trainin law enl�lorcemeia trai,rii,ri arid/or fii the purSL[it of workiii or competni ni
I
those i.e eliideavors.
Sec. 5-31. Outside Enclosure.
Do owners are re to p,rovide an outdoor pen m-etf.11fin the fo]-lowin specifications:
each. do less than 25 pounds must, have a ke.,nnet teast, 8 kf-.N,,t x- 10 l in size-.,, call-7)i-d
ac e k-'r
eh . do 25 pounds or g r eate r m-u ;fit; have a kennel o,f -1, 0 f e et , x 1, () fiC.N.1 i n s iz.,
Control 5),ervices resk,-.%,,rves the ri to determine if a space is coiisidered SUi,ta1-).i.e f r the
I
-11LImb(--2-T aiid size of do h.OL[sed fii ai'i OUtdoor (
Sec. 5-32. Public Nuisance.
The followin are coiisidered to ',a,)e reasoriable pu'll-flliC 1111isarice comp - 1-an',its aiid, theref re
prohibited:
--,i( not, under the
( a ) An anim-a'l.- which. is -found at, lar off the prem-isk-,-.-%,,s 01, it's owne,-r' call]. 11
restraint ol, a competent, person �runnin at, 1-carl-VI
�.,"e (lo cats, and fi-.,�rrets s-,-,,ct,ion 5-9
( b ) An anim-a'l.- which. dam-a the propert ofan Other than its owner, includi,ri
but, not, lim-ited to Wrt.,,iiri ov( g ar'-)a g e coiitafiiers or dama g ardeiis, floweffs or
ve
( c ) An animal which. is a viciou s animal ( viciou s do sk-,--.-%Ict,ion 5 - 1, 0
( d ) Maintainiii aiiimals iri, ari, (--1--.,rivi,rori-i erit Of WISaiutar coiiditioii is fii vio.i.atiori, of
( e ) An act, which. b virtue ot'num-b(alT or t aiid locatimi is officeiisiv(--1--., or daii to
--t, r we'l-fare.
the pub]-ic hea.1-1, satet o,
An aiiimal which. "llarks, whiiies or howls fii ai'i (--1--Acessi,v(--1--.,, C011tiTILIOUS or Ulltimel.
Y
( An anim-a'l.- which. is dis(-.,1,asA(a.1d and/or dan to the pub]-ic h.ea'1_-1[-,h..
(h) An animal- which. habituai-i- or repeated]- ch.as(-.,,s, snaps at, attacks or barks at
pedestrians, bic or vehic]-es, and is not, in an enc]-osure or under restraint.
(i) Fai'l-ure to conl1ne a femu]-e docr or cat, whi'le in 1-ieat, in suc-ti,. a m-anner t-hat, she wil-1- 111-1,
1-1)e in contact, wi-'t1-1h,. another do or cat, nor create a nuisance,; but, this sAClIction s a not, be
construed to prohibit, the intentiona]- ot anim-a an e'nlc , .1osed area oii the
I
premises of the owii,%-,1T of ai'i aiiimal Which. is "Deiri "Ilred.
Sec. 5-33. Responsible breeder's permit.
( a ) It shall be unlawful for an person to breed a do or cat without securin a breedin
permit from animal control, which must be obtained no later than three business da
followin birth of the litter.
( b ) The fee for the permit shall be established b the board of health.
( c ) This section does not impose an restrictions upon what animal is bred or the
fre of such breedin
( Code 2006, § 3-30
Secs. 5-34--5-60. Reserved.
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New Hanover County Code, Chapter Five, Animals 2010
ARTICLE II. DANGEROUS DOG /POTENTIALLY DANGEROUS DOG*
*Cross reference(s)— Environment, ch. 23.
State law reference(s)— Dangerous dogs, G.S. 67 -4.1 et seq.; possession or harboring
dangerous animals, G.S. 153A -131.
Sec. 5 -61. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Dangerous dog means:
(1) A dog that without provocation has killed or inflicted severe injury on a person;
or
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting,
or any dog retained for dog fighting.
Owner's real property means any real property owned or leased by the owner of the dog,
but does not include any public right -of -way or a common area of a condominium,
apartment complex or townhouse development.
Potentially dangerous dog means a dog that:
(1) Inflicted a bite on a person that resulted in broken bones or broken skin or
required cosmetic surgery or hospitalization;
(2) Killed or inflicted severe injury upon a domestic animal when not on the owner's
real property; or
(3) Approached a person when not on the owner's property in a vicious or terrorizing
manner in an apparent attitude of attack.
Severe injury means any physical injury that results in broken bones or lacerations or
requires cosmetic surgery or hospitalization, the cost of such medical treatment exceeding
$250.00.
(Code 1990, § 3 -25)
Cross reference(s)— Definitions generally, 1 -2.
Sec. 5-62. Exclusions.
The provisions of this article do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement
officer's official duties;
(2) A dog where the injury or damage inflicted by the dog was sustained by a
domestic animal while the dog was working as a lawful hunting dog, herding dog
or predator control dog on the property of or under the control of its owner or
keeper, and the damage or injury was to a species or type of domestic animal
appropriate to the work of the dog; or
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New Hanover County Code, Chapter Five, Animals 2010
(3) A dog where the injury was inflicted by the dog was sustained by a person who, at
the time of the injury, was committing a willful trespass or other tort; was
tormenting, abusing or assaulting the dog; or had tormented abused or assaulted
the dog; or was committing or attempting to commit a crime.
(Code 1990, § 3 -26)
Sec. 5-63. Procedure.
(a) The county board of health will appoint a committee of two people who will be
responsible for the determining when a dog is a dangerous or potentially
dangerous dog. When making the determination that a dog is a dangerous dog or
a potentially dangerous dog, animal control services must notify the owner in
writing, giving the reasons before the dog may be considered dangerous or
potentially dangerous under this article. The committee shall consider any written
response by the owner to the written notification. If there is a split decision, the
chairman of the board of health or his designee will make the final determination.
Once a decision has been made, the owner must provide animal control with a
current address where the dog will be housed, notify animal control within 48
hours of any change in address of the owner or the dangerous dog, and follow all
state laws and county ordinances dealing with dangerous or potentially dangerous
dogs until all appeals have been exhausted and a final decision rendered or no
appeal is requested; and the decision is final.
(b) The owner may appeal the determination of a dangerous dog or potentially
dangerous dog. Notice of appeal is by filing written objections with the appellate
board appointed by the board of public health within ten business days after
receiving written notice, together with such appellant's filing fees as may be
established by the county board of health. ,
shall schedLlle a hearfii of said appeal aiid the do owii,%-,1T aiid complan,,iai,,it Will,
.. - ., -:.°�: ". ,, the �.� �; �.. �- _ ''.. da t e n�. �'l� .r. �-rM- _ eta .r. 1��.��t.� days -. �� -. -. .�.. �.. �� �� -. °,. said .. l ��" - ��` '�..�
Ty � _ e -_ he he ig at � � n[sh'i ��.��. � s p � sai � e � ig. Until the
appeal is final, the dog must be controlled and confined pursuant to the ruling
from which the appeal was taken. Any appeal from the final decision of such
appellate board shall be taken to superior court by filing notice of appeal and a
petition for review within ten business days from the final decision of the
appellate board.
(c) Appeals from ruling of the appellate board shall be heard in superior court. The
appeal shall be heard a n rozrio�z� CJ 1 ho ro��r . m s + a de novo before a superior
court judge sitting in the county.
(Code 1990, § 3 -27)
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New Hanover County Code, Chapter Five, Animals 2010
Sec. 5 -64. Precautions against attacks by dangerous or potentially dangerous dogs.
(a) If so ordered in the determination made pursuant to section 5 -63, it is unlawful
for an owner to:
(1) Leave a dangerous dog or potentially dangerous dog unattended on the
owner's property unless the dog is confined indoors, in a securely enclosed
and padlocked pen, with a concrete bottom and a secure top, along with the
posting of the premises with four clearly visible warning signs adequate to
inform the public, including children, of the presence of a dangerous dog and
strategically placed on the property as designated by the appropriate county
authority.
(2) Permit a dangerous dog or potentially dangerous dog to go beyond the
owner's real property unless the owner or guardian has the dog leashed and
the leash in the hand and the dog muzzled or otherwise securely restrained and
muzzled,
(3) Even in the presence of an owner or others, permit a dangerous dog or
potentially dangerous dog on the owner's property, not confined in a secured
enclosure, to be without a muzzle.
In the section 5 -63 determination, any of the measures included in this section may be
waived by the committee or the appellate board, or other similar measures or conditions
may be substituted in their place.
(b) Within seven days after a dangerous dog or potentially dangerous dog
determination becomes final, the owner must have the dangerous dog or
potentially dangerous dog tattooed with an identification number or micro -chip
identification as directed by the animal control director on the inside the right
hind leg. Within 72 hours of the death of a dangerous or potentially dangerous
dog, the owner of the dog shall provide written notification of the dog's death to
the animal control services. If the dog's body is not available, the notification
shall fully identify the dog and shall bear the notarized signature of the owner and
a licensed veterinarian, all attesting to the dogs' death.
(c) If the owner of a dangerous dog or potentially dangerous dog transfers ownership
or possession of the dog to another person, the owner shall provide written notice
within 48 hours to:
(1) The authority that made the determination under this article, stating the name
and address of the new owner or possessor of the dog; and
(2) The person taking ownership or possession of the dog, specifying the dog's
dangerous behavior and the authority's determination.
(d) The person taking ownership of the dog shall notify animal control services
within 48 hours of the dog's change of address and their knowledge of the
committee's determination.
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New Hanover County Code, Chapter Five, Animals 2010
(e) Violation of this section is a misdemeanor punishable by a fine not to exceed
$500.00 or imprisonment for not more than 30 days or both.
(Code 1990, § 3 -28)
Sec. 5 -65. Violation of conditions; euthanization.
(a) Animal control services may take possession of any dog when they have cause to
believe an owner has violated section 5 -64. For this purpose, the requirement for
sufficient cause shall be satisfied if an officer observes the violation or if animal control
services obtains an affidavit setting forth the violation. In the event that a dog which has
been determined dangerous or potentially dangerous receives a final determination that
the conditions imposed pursuant to section 5 -64, the dog must be surgically sterilized. An
owner who violates section 5 -64 in a willful or negligent manner may be found by the
committee to have forfeited all rights or ownership of the dog; and upon final
determination of such violation, the dog may be humanely euthanized by animal control.
(b) Appeals from rulings of the appellate board shall be heard in superior court. The
appeal shall be heard n roXTio�z� %,- tJo ro d Tye . before a superior court judge
sitting in the county.
(Code 1990, § 3 -29; Ord. of 5 -15 -2006, § 2)
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NEW ELWOVER BOUNTY
Wanda M. Copley
County Attorney
Kemp P. Burpeau
Deputy County Attorney
Septem 23, 2010
Ms. Jean McNeil
Director Animal Control
180 Division Drive
Wilmington NC 28401
Re: Animal Control Ordinance Updates 2010
Dear Jean:
Sharron J. Huffman
Assistant County Attorney
This is to confirm that I have reviewed the Ordinance Updates which you have proposed to the
New Hanover County Code and which will be considered by the New Hanover County Health
Department Board on October 8
I feel the amendments are appropriate and are primarily to bring our ordinance into compliance
with North Carolina statues.
Please contact me if you or your Board members have any questions.
Sincerely,
Sharon J. Huffman
230 Government Center Drive, Suite 125
Wilmington, North Carolina 2 8403
Boar s BeVtjlg;3
FacstAOU/2010) 798 - 7157
6 -4 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 7
DEPARTMENT: Human Resources PRESENTER(S): Dennis Ihnat, Human Resources and Community
Relations Director
CONTACT(S): Dennis Ihnat, Human Resources and Community Relations Director or Mark Francolini,
Human Resources and Community Relations Manager
SUBJECT:
Approval of Personnel Policy Revision
BRIEF SUMMARY:
Attached for your review are recommended revisions to articles /sections of our existing personnel policy,
which pertain to the following:
1. Allowance for a salary decrease to a rate within a pay range of a position to which an employee may
be downgraded for reasons not related to performance (i.e., reorganization), which will alleviate an
employee from being paid a salary outside of the pay range when this occurs.
2. The ability to consider established pay zones as separate classifications (as opposed to being part of a
broad classification) during reduction -in -force situations.
3. The addition of a social media policy to address inappropriate use of such sites.
4. A minor change to the wording regarding the use of other leave with holiday leave.
5. An update to our policy regarding access to personnel records due to a change in the General Statute,
effective October 1, 2010.
To apply these recommendations, revisions will have to be made in eight articles (nine sections) of our
personnel policy which reference this information. Also attached is a summary of the changes to each article
and section, as well as the actual sections which show current policy and the recommended changes. These
revisions have already been reviewed by County Attorney Wanda Copley, Assistant County Manager Andre
Mallette, and Human Resources & Community Relations Director Dennis Ihnat. The revisions include their
suggested recommendations.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve revisions.
ATTACHMENTS:
Personnel Policy Revisions 11 15 10
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
11/15/2010
7 -0
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
7 -0
NEW ANOVER COUNTY
INTER - OFFICE MEMORANDUM
6%:ft&iff_A
November 1, 2010
TO: All Concerned
FROM: Mark Francolini
SUBJECT: PERSONNEL POLICY REVISIONS
Attached for your review are recommended revisions to articles /sections of our existing personnel
policy, which pertain to the following:
1. Allowance for a salary decrease to a rate within a pay range of a position to which an employee
may be downgraded for reasons not related to performance (i.e., reorganization), which will
alleviate an employee from being paid a salary outside of the pay range when this occurs.
2. The ability to consider established pay zones as separate classifications (as opposed to being part
of a broad classification) during reduction -in -force situations.
3. The addition of a social media policy to address inappropriate use of such sites.
4. A minor change to the wording regarding the use of other leave with holiday leave.
5. An update to our policy regarding access to personnel records due to a change in the General
Statute, effective October 1, 2010.
To apply these recommendations, revisions will have to be made in eight articles (nine sections) of our
personnel policy which reference this information. Also attached is a summary of the changes to each
article and section, as well as the actual sections which show current policy and the recommended
changes.
These revisions have already been reviewed by County Attorney Wanda Copley, Assistant County
Manager Andre Mallette, and Human Resources & Community Relations Director Dennis Ihnat. The
revisions include their suggested recommendations.
New Hanover County Department of Human Resources & Community Relations 910.798.7178
Dennis J. Ihnat, Director FAX: 910.798.7179
Board of Commissioners Meeting
11/15/2010
7 -1 -1
Policy Chanizes for Board of County Commissioners' Meetinsz — 11/15/10
Following are recommended policy changes which allow for a reduction in pay when employees are
involuntarily downgraded to positions for reasons other than performance or disciplinary; however, their
salary is above the range of the lower level position:
Article 2, The Position Classification Plan — Section 2.3, Reclassified to Hither /Lower Pay Grade — The
recommended change allows for lowering an employee's rate of pay to a rate within the pay grade, when
a position is reclassified to a lower grade due to reorganization or any other reason having nothing to do
with performance. This change can also apply to downgrades due to position evaluation.
Article 3, The Pay Plan — Section 3.8, Establishing Pay Rates — The recommended change removes
wording that an employee may receive a rate above the pay range when there is a change due to position
evaluation or a change having nothing to do with performance.
Article 3, The Pay Plan - Section 3.8.5, Establishing Pay Rates Involuntarily And Voluntary Demotions
— The recommended change includes wording to clarify that employees involuntarily demoted for
reasons other than performance or disciplinary, should expect a pay reduction to a rate within the range
of the new position.
Article 9, Appeals and Grievances — Section 9.2.1, Grievance Policy — This includes a recommendation
in the wording pertaining to one issue to which the grievance policy does not apply. The specific
change is that the policy would not apply to downgrades resulting from voluntary or involuntary
demotions. The reason is because these situations are covered in the above - mentioned policies.
The following recommended changes are for various reasons, separate from involuntary downgrades:
Article 5, Separation, Reemployment — Section 5.1.3, Reduction -in -Force (RIF) — The recommended
change allows for established pay zones within broad classifications to be considered as separate job
classes, for RIF purposes only, when considering the positions to be eliminated as they relate to regular
employees versus employees in their introductory period.
Article 6, Conditions of Employment — Section 6.2.3, Social Media Policy — This change recommends
the addition of a new policy to address the expectations when interacting social media sites for personal
and private reasons to include ensuring a distinct separation between personal and organizational views
and not speaking as a representative of the County.
Article 7, Leave Policies — Section 7.1.4, Holiday Leave — Effect of Other Paid Leave — This is a small
recommendation to the wording due to our current practice of allowing employees who work flex hours
the option of combining paid leave (other than sick) along with the holiday leave to which they are
entitled. The recommended change is to say "other paid leave may not be substituted for holiday leave.
Article 8, Performance, Discipline — Section 8.2.2 — Failure in Performance of Duties — Due to the
recommendation of the social media policy, "inappropriate use of social media resources" is
recommended to be added to the list.
Article 11, Personnel Records and Reports — Section 11.1, Access to Personnel Records — This change is
to comply with the change in the General Statute (153A-98) that was effective 10/1/10, regarding the
information that may be disclosed when requested.
New Hanover County Department of Human Resources & Community Relations 910.798.7178
Dennis J. Ihnat, Director FAX: 910.798.7179
Board of Commissioners Meeting
11/15/2010
7 -1 -2
Article 2, The Position Classification Plan — Section 2.3, Reclassified to Hiszher/Lower Pay Grade
2.3 Reclassified to If an occupied position is reclassified to a lower pa g rade due to
Hi reor or some other reason not related to the emplo
Pa Grade performance, the pa rate shall remain the same, as Ion as it is "Iithin
the pav ran o�t'tl-i.e new paN,,,, If the emplo pa rate before
the reclassification is hi than the maximum pa rate of the new
pa g rade, ttie em to should expect the pav to be to a pa
p IV
17ate �NNuithin. t1--i e new pavl.,t,anfae. If a position is reclassified to a hi g her
4111 9
pa g rade, the pa rate shall be adjusted to the minimum pa rate of
the new pa g rade. In unusual circumstances, with approval b the
Human Resources Director, the pa rate ma be established up to the
tar rate of the new pa g rade or, with approval b the Count
Mana the pa rate ma be set at a hi rate within the new pa
g rade.
Article 3, The Pay Plan — Section 3.8, Establishins! Pay Rates
3.8 Establishin All emplo covered b the position classification and pa plans,
Pa Rates shall be paid at a base pa rate within the salar ran established for
their respective j ob classifications, except for emplo in a
"trainee" status oremplo whose performance has resulted in a pa
rate assi below the minimum rate of the pa g rade for their
classification.
Article 3, The Pay Plan - Section 3.8.5, Establishins! Pay Rates Involuntarily And Volu ntary
Demotions
3.8.5 Establishin
Emplo demoted for disciplinar or performance reasons should
Pa Rates
expect to have their salar reduced. The amount of reduction would
Involuntar
be determined b the supervisor and the department head and
and Voluntar
approved b the Human Resources Director, and would be contin
Demotions
on the severit of the offense or deficienc
- i,-, t1l�, . dis� or
Emplo n
ivo ] i-int ari t y de o d
n-i.te 1 r reason s 1 .1
ot.1(1.A. f"'M 1411,
pe-i-formance or who re a voluntar demotion should also expect
to have their salar reduced to a satarv- NNf in. the pa rano-e of the
new position. The amount of reduction would be determined b the
supervisor and the department head based on consideration of several
factors such as internal e and the emplo q ualifications
compared to the q ualifications of the job, and it must be approved b
the Human Resources Director.
Article 9, Appeals and Grievances — Section 9.2.1, Grievance Pol
9.2.1 Grievance Eli emplo ma use the emplo g rievance procedure to
New Hanover Count Department of Human Resources & Communit Relations 910.798.7178
Dennis J. Ihnat, Director FAX: 910.798.7179
Board of Commissioners Meetin
11/15/2010
7-1-3
Policy resolve a complaint based upon an event or condition which affects
the circumstances under which the employee works, such as
misinterpretation, unfair application, or lack of established policy
pertaining to employment conditions.
This grievance procedure does not apply to the following issues:
• Disciplinary actions covered by the Appeal Policy;
• Complaints of workplace harassment covered by the
Unlawful Workplace Harassment Policy;
• Personnel actions which do not represent any harm to the
employee, such as assignment to another position or
location wherein the employee does not suffer any loss of
pay;
• Downgrades �' : � _ ] ��tary or �. o.1-un >y
This procedure is to be used internally only and does not confer upon
either supervisor or employee any remedies other than those
expressly contained herein. All parties involved in a proceeding
within the purview of this policy shall be protected from reprisals for
such involvement. Parties engaging in any form of retaliation will be
subject to disciplinary action, up to and including termination.
Article 5, Separation, Reemployment - Section 5.1.3, Reduction -in -Force (RIF)
5.1.3 Reduction -in- For reasons of curtailment of work or lack of funds, the County
Force (RIF) Manager (or in the case of the following departments: Sheriff's
Office, Register of Deeds Office, Department of Social Services or
Health Department, the respective department head) may separate
employees. In determining the employees to be retained,
consideration shall be given to the relative quality of each employee's
performance as documented by current performance evaluations,
organizational needs, seniority or a combination thereof. No regular
employee shall be separated while there are employees in a
temporary, emergency, intermittent, trainee or introductory period
status serving in the same class in the department unless the regular
employee is not willing to transfer to the position held by the
temporary, emergency, intermittent, trainee or employee in the
introductory period.
Established pay zones within broad job classifications may be
considered as separate job classifications when determining
employees to be retained during a RIF. In each RIF situation
department heads must be consistent, either by treating each pay zone
within a broad job classification as a separate job classification, or by
treating each pay zone within a broad job classification as one job
classification.
New Hanover County Department of Human Resources & Community Relations 910.798.7178
Dennis J. Ihnat, Director FAX: 910.798.7179
Board of Commissioners Meeting
11/15/2010
7 -1 -4
Only employees in the Department of Social Services or Health
Department may appeal a decision made in accordance with this
policy. Appeals from these departments must conform to the
provisions contained in the State Personnel Act.
Article 6, Conditions of Employment — Section 6.2.3, Social Media Policy
6.23 Social Media Employees are expected to act responsibly and exercise good
Policy judgment when interacting with social media resources. When using
social media resources for personal and private reasons, employees
must ensure a distinct separation between personal and organizational
views and must not speak as a representative of the County.
Inappropriate usage of social media resources may be grounds for
disciplinary action, up to and including dismissal. Inappropriate
usage of social media sources for any reason includes but is not
limited to:
a. t se of County equipment to visit social media sites for personal
a ,sons i . - violation of Count " " "acc ab E l ea ry o.] i e,S ----------- 11 ------- -------------------------- --------------------------------------------------------------------- -------------------------
b. Not ensuring a distinct separation between personal and
organizational views;
c. Making statements that give the appearance as being made by a
representative of the County when unauthorized to make such
statements as a representative;
d. Discourteous treatment of or disrespectful behavior toward the
public or other employees
e. Conduct or behavior unbecoming to a public officer or employee;
f. Releasing information about the County that is confidential.
Article 7, Leave Policies — Section 7.1.4, Holiday Leave — Effect of Other Paid Leave
7.1.4 Holiday Sick or personal leave or some other paid leave may not be used
Leave :� f e� ���I�� � � W , - ---------- ------------------------- -------------
Effect of Other tiotida leave - i.a us ai [e t aui men the 1 o]- a N . . . . . . ............... :.:.:.:.:.:.:.:.: t � . .. .
Paid Leave :n t h at {� .�
w� ��:.in flexib f �:w�le p
Article 8, Performance, Discipline — Section 8.2.2 — Failure in Performance of Duties
8.2.2 Failure in The following causes relating to failure in the performance of duties
Performance are representative of, but not limited to, those considered to be
of Duties adequate grounds for disciplinary action, up to and including
dismissal:
a. Inefficiency, negligence or incompetence in the performance of
duties;
b. Careless, negligent or improper use of County property or
equipment;
c. Discourteous treatment of the public or other employees;
New Hanover County Department of Human Resources & Community Relations
Dennis J. Ihnat, Director
Board of Commissioners Meeting
11/15/2010
7 -1 -5
910.798.7178
FAX: 910.798.7179
d. Absence without approved leave;
e. Habitual improper use of leave privileges;
f. Habitual pattern of failure to report for duty at assigned time and
place;
g. Guilty of gross misconduct or conduct unbecoming to a public
officer or employee;
h. Participation in any action that would in any way seriously
disrupt or disturb the normal operation of the agency, institution,
department or any segment of local government;
i. Trespassing on the home of any public official or employee for
the purpose of harassing or forcing dialogue or discussion from
the occupants;
j. Willful damage or destruction of property;
k. Willful acts that would endanger the lives and property of others;
1. Possession of unauthorized firearms or lethal weapons on the job;
m. Brutality in the performance of duties;
n. Refusal to accept a reasonable and proper assignment authorized
by a supervisor (insubordination);
o. Acceptance of gifts in exchange for favors or influence;
p. Releasing of confidential information to unauthorized persons;
q. Engaging in incompatible employment or serving a conflicting
interest;
r. Taking part in a political activity that is restricted by Article 6 of
this personnel manual;
s. Inappropriate usage of social media resources.
t.
Article 11, Personnel Records and Reports — Section 11.1, Access to Personnel Records
11.1 Access to As required by North Carolina GS 153A -98, any person may have
Personnel access to the information listed below for the purpose of inspection,
Records examination, and copying, during regular business hours, subject only
to such rules and regulations for the safekeeping of public records as
the Board of County Commissioners may adopt:
a. Name;
b. Age;
c. Date of original employment or appointment to County service;
d. The terms of any contract by which the employee is employed
whether written or oral, past and current, to the extent that the
county has the written contract or a record of the oral contract in
its possession;
e. Current position
f. Title;
g. Current salary;
h. Date and amount of the each increase or decrease in salary with
that county;
i. Date and type of each promotion, demotion, transfer, suspension,
separation or other change in position classification with that
New Hanover County Department of Human Resources & Community Relations 910.798.7178
Dennis J. Ihnat, Director FAX: 910.798.7179
Board of Commissioners Meeting
11/15/2010
7 -1 -6
county;
j. Date and general description of the reasons for each promotion
with that County;
k. Date and type of each dismissal, suspension, or demotion for
disciplinary reasons taken by the county. If the disciplinary action
was a dismissal, a copy of the written notice of the final decision
of the county setting forth the specific acts or omissions that are
the basis of the dismissal; or
1. The office to which the employee is currently assigned.
Access to such information shall be governed by the following
provisions:
a. All disclosures of records shall be accounted for by keeping a
written record (except for authorized persons processing
personnel actions) of the following information:
Name of employee; information disclosed; date information
disclosed; name and address of the person to whom the
disclosure is made; and purpose for which information is
requested. This information must be retained for a period of
two (2) years.
b. Upon request, record of disclosure shall be made available to the
employee to whom it pertains.
c. An individual examining a personnel record may copy the
information; any available photocopying facilities may be
provided and the cost may be assessed to the individual.
d. Any person denied access to the information listed in this Article
shall have a right to compel compliance with these provisions by
application to a court for injunctive or other appropriate relief.
New Hanover County Department of Human Resources & Community Relations 910.798.7178
Dennis J. Ihnat, Director FAX: 910.798.7179
Board of Commissioners Meeting
11/15/2010
7 -1 -7
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 8
DEPARTMENT: Library PRESENTER(S): Harry Tuchmayer, Library Director
CONTACT(S): Harry Tuchmayer, Library Director
SUBJECT:
Approval to Improve Delivery of Growing Readers and Raising a Reader Services by Changing Staff
Designation from Temporary to Permanent
BRIEF SUMMARY:
The Library has received an increase in funding from the Department of Health and Human Services for our
Growing Readers and Raising a Reader Program. Funds will be used to change 3 existing temporary
positions to 1 full -time regular position and 2 part -time regular positions including materials. These
positions teach day care providers to incorporate literature, children's books and stories into daily activities to
enhance the foundation of learning.
Due to the increased complexity of the jobs performed and the requirement for certification, this request
would improve program efficiency and reduce turnover.
This service is 100% grant funded with no County match required and no obligation to continue services
once funding is no longer available. Positions will be eliminated when grant funding ends.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the change and adopt the ordinance for budget amendment 11-058.
ATTACHMENTS:
Budget Amendment 11 -05 8
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
8 -0
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -058
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -058 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library/Partnership for Children
Expenditure:
Decrease
Increase
Library/Partnership for Children:
Salaries
$4
$81
Temporary Salaries
$69
$12
Supplies
22
Supplies - Books
18
Printing
$4
200
Employee Reimbursements
450
Training and Travel
50
Total
$92
$100
Revenue:
Decrease
Increase
Library/Partnership for Children:
Raising a Reader
$4
Growing Readers
$12
Total
$4
$12
Section 2: Explanation
To budget additional funds received from the Department of Health and Human Services — Smart Start for
the Raising a Reader and Growing Readers programs.
Due to the increased complexity of the jobs performed and the need to expand and improve the services
provided, it is being requested that 3 temporary positions be changed to 1 full -time regular position and 2
part -time regular positions. State funding for program has been approved for FYI 0 -11 and is anticipated
that positions will continue in FYI 1-12. These positions remain 100% grant funded and will be eliminated
if grant funding ends. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11-058, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
8 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 9
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Ruth Haas, Director, Cape Fear Museum
SUBJECT:
Approval of a List of Items to Deaccession from the Museum Collection
BRIEF SUMMARY:
The Museum staff and Museum Advisory Board have been diligently culling items from the permanent
collection that have no relevant provenance, are in very poor condition, or are duplicates of better examples.
This process is a recommended step in effective collections management. The items recommended for
deaccession have all been reviewed by the Curator, Director, Collections Committee, and Museum Advisory
Board. Recommendations for disposition are also provided. Many of the listed items are identified for
destruction because they are in such poor and deteriorating condition. Others have been identified for
auction, a procedure which removes the sale from immediate conflict of interest with the Museum. Income
earned from items sold at auction goes into a restricted account used to conserve or purchase artifacts for the
collection. An object may also be recommended for transfer to another collecting institution.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the recommendation of the Museum Advisory Board to deaccession from the Museum's Permanent
Collection the items identified on the attached list for deaccession.
ATTACHMENTS:
Artifact List for Deaccession
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
9 -0
Deaccession Proposals
October 2010
ACC. #
OBJECT, DATE, DONOR, ISSUE
RECOMMEND
1994.60.1
Spade, 1920s; Ann Tinder, donor; used by
Destruction
donor's father on his farm in Orange County,
VA; rusted, worn & handle broken off; not
local so not worth conservation investment
1975.30.1
Newspaper headline reprints, n.d.; Eleanor
1) Auction
Howland, donor; poor condition; not original
2) Destruction
1982.60.1 & .2
Picture frames, c.1900; Edgar Keal, donor;
Auction
Nassau, NY; not local
1991.25.2
Newspaper clipping, 1942; Eugenia S.
Transfer to donor's accession
Jones, donor; not an artifact; should not have
file
been accessioned
1999.1.15 -.19;
Christmas tree ornaments, dates unknown;
1) Demo Collection
.23; .25 -.27;
Found in Storage no known history; some
2) Auction
.29
fair condition; some broken; some not
3) Destruction
traditionally Christmas; all not likely to be
displayed
1978.25.1 B
Hat box, c.1960; Lillian & Lena Middleton,
1) Auction
donors; no provenance; poor condition; have
2) Destruction
better examples
1976.59.1 B
Hat box, c.1900; Catharine Carpender,
1) Auction
donor; NYC manufacturer; poor condition;
2) Destruction
not local; not likely to be displayed
OTHER
Unaccessioned
Pickers cards, 1960s; Museum purchase
Demo Coll took what they
auction; from the blueberry farm of Mr. W. F.
wanted
Stellar near Montague in Pender County;
leftovers after having selected 345 cards
1) Pender County Museum
representing 7 different types; also have 2
2) Onslow County Museum
unopened packs of 600 cards each.
3) Destruction
Board of Commissioners Meeting
11/15/2010
9 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
CONSENT
ITEM: 10
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance or the fiscal year ending June 30,
2011.
11 -085 - Parks, Gardens & Senior Resource Center/Planning & Inspections
11 -092 - Health
11 -098 - Health
11 -105 - Health
11 -103 - Social Services
11 -095 - Sheriffs Office
11 -102 - Sheriffs Office
2011 -22 - Sheriffs Office
2011 -23 - Sheriffs Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 11 -085
B/A 11 -092
B/A 11 -098
B/A 11 -105
B/A 11 -103
B/A 11 -095
B/A 11 -102
B/A 2011 -22
B/A 2011 -23
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
11/15/2010
10 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
10 -0
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -085
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -085 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Departments: Parks, Gardens, & SRC/Parks & Gardens Operations
Planning and Inspections /Inspections
Expenditure:
Decrease
Increase
Parks, Gardens & SRC/ Parks & Gardens Operations:
Salaries and Wages
$150
Planning & Inspections / Inspections:
Salaries and Wages
$150
Total
$150
$150
Revenue: Decrease Increase
Total
Section 2: Explanation
To move $150,000 of salary expenses from Inspections to Parks & Gardens Operations. Reductions in
salaries and wages in Inspections will be achieved by not filling positions vacated by employee attrition.
Due to the significant slowdown in building activity, demand can adequately be served with fewer filled
employee positions. The increase to Parks, Gardens, & SRC will fund currently approved positions through
reduction of Department's salary lag.
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 11 -085, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10 -1 -1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -092
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -092 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Safe Kids
Expenditure:
Decrease
Increase
Health /Safe Kids:
Supplies
$300
Total
$300
Revenue:
Decrease
Increase
Health /Safe Kids:
Grant — Local — Safe Kids North Carolina
$300
Total
$300
Section 2: Explanation
The New Hanover County Health Department has received a $300 grant from Safe Kids North Carolina for
promotion of Fire Prevention Week. Funds will be used for fire safety materials and incentives for children.
No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -092, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10-2-1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -098
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -098 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Good Shepherd Program
Expenditure:
Decrease
Increase
Health /Good Shepherd Program:
Salaries and Wages
$7
Supplies
7
Total
$15
Total
$15
Revenue:
Decrease
Increase
Health /Good Shepherd Program:
Good Shepherd Ministries
$15
Total
$15
Section 2: Explanation
The New Hanover County Health Department has received an additional $15,000 funding for FY10 -11 for
drugs and medical supplies for treating patients at Good Shepherd. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -098, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10 -3 -1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -105
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -105 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Epidemiology
Expenditure:
Decrease
Increase
Health/Epidemiology:
Contract Services
$3
Total
$3
Revenue:
Decrease
Increase
Health/Epidemiology:
Grant — State — NC Department of Health and
Human Services, Division of Public Health
$3
Total
$3
Section 2: Explanation
The New Hanover County Health Department has received $3,992 in additional funding from the North
Carolina Department of Health and Human Services, Division of Public Health, to assist in providing
immunization services in the community. These funds will be used for temporary staff to deliver
immunization outreach services in the community. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -105, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10-4-1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -103
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -103 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Departments: Social Services / Administration, TANF — Domestic Violence, and Child Day Care
Expenditure:
Decrease
Increase
Social Services / TANF — Domestic Violence:
Assistance Payments
$ 233
Social Services / Child Day Care:
Smart Start Child Da Care
$90
Total
$ 233
$90
Revenue:
Decrease
Increase
Social Services / Administration:
DSS Admin 1571 — Fed /State
$ 233
Social Services / Child Day Care:
Smart Start Child Day Care — Fed /State
$90
Total
$ 233
$90
Section 2: Explanation
To adjust the FY10 -11 Adopted Budget for actual allocations received. The Department of Social Services
received $233 less in funding for Temporary Assistance for Needy Families (TANF) Domestic Violence
assistance payments. Additionally, the Department of Social Services received an additional $90,812
allocation of Smart Start funds for day care services. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -103, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10 -5 -1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -095
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -095 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Uniform Patrol
Expenditure:
Decrease
Increase
Sheriff s Office /Uniform Patrol:
Training and Travel
$10
Total
$10
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Grant — Federal — Governor's Highway Safety
Program
$10
Total
$10
Section 2: Explanation
To budget $10,000 grant awarded from the Governor's Highway Safety Program (GHSP). Funds will cover
travel expenses for Sheriffs Office personnel who are assisting with gathering traffic statistics and
coordinating GHSP initiatives. Approval to apply for this grant was approved at the June 21, 2010 Board of
Commissioners meeting. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -095, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10-6-1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -102
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -102 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office /Administration/Detectives /Vice
Expenditure:
Decrease
Increase
Sheriff s Office /Detectives:
Overtime Pa
$4
Sheriffs Office /Vice:
Overtime Pay
367
Total
$4
Revenue:
Decrease
Increase
Sheriffs Office /Administration:
Miscellaneous Revenue
$4
Total
$4
Section 2: Explanation
To budget revenue received for FBI overtime in March, July, August and September.
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 11 -102, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10-7-1
AGENDA: November 15, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -22
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -22 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$1
Interest on Investments
26
Total
$1
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$982
Interest on Investments
26
Total
$1
Section 2: Explanation
To budget Controlled Substance Tax receipt of $982 received on 10/19/2010 and $26 interest on investments
for June through September 2010. Controlled Substance Tax funds are budgeted as received and must be
used for law enforcement as the Sheriff deems necessary.
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 2011 -22, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10 -8 -1
AGENDA: November 15, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -23
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -23 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Property:
Supplies
$3
Interest on Investments
26
Total
$3
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property
$3
Interest on Investments
26
Total
$3
Section 2: Explanation
To budget Federal Forfeited Property receipt of $3,168 received on 10/21/10 and $26 for interest on
investments for June through September 2010. Federal Forfeited Property funds are budgeted as received
and must be used for law enforcement as the Sheriff deems necessary.
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 2011 -23, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
10-9-1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 11
DEPARTMENT: Governing Body PRESENTER(S): Chairman Jason R. Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Consideration of a Resolution Recognizing the 235th Birthday of the United States Marine Corps
BRIEF SUMMARY:
November 10, 2010 is the 235th birthday of the United States Marine Corps. As an enduring institution and
symbol of American strength and fortitude, Chairman Thompson requests the Board adopt the resolution
recognizing this date in history.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
US Marine Corps Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
11 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION HONORING THE
235 BIRTHDAY OF THE UNITED STATES MARINE CORPS
WHEREAS, on November 10, 1775, the Continental Congress met in Philadelphia and passed a
resolution calling for two battalions to be raised for service as landing forces with the fleet; and
WHEREAS, the passing of that resolution established the Continental Marines and marked the
birth date of the United States Marine Corps; and
WHEREAS, the Marine Corps is a component of the United States Department of the Navy for
training, transportation, and logistics purposes; however, in the military leadership structure the
Marine Corps is a separate branch; and
WHEREAS, the Marine Corps has served in every American armed conflict and attained
prominence when its theories and practices of amphibious warfare proved visionary and
ultimately formed the cornerstone of the Pacific campaign of World War II; and
WHEREAS, the Marine Corps ability to rapidly respond on short notice to expeditionary crises
gives it a strong role in the implementation and execution of American foreign policy; and
WHEREAS, as of October 2009 the Marine Corps includes over 203,000 active duty Marines
and approximately 40,000 reserve Marines; and
WHEREAS, the Marine Corps accounts for approximately six percent of the United States
military budget; and
WHEREAS, a common saying about the Marines that has been attributed to President Ronald
Reagan is, "Some people spend an entire lifetime wondering if they made a difference in the
world; but the Marines don't have that problem."
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of
Commissioners that the United States Marine Corps be recognized, congratulated, and celebrated
on their 235 th birthday for their honor, courage, and commitment.
ADOPTED the 15 day of November, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
11 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 12
DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell, County Manager
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Consideration of a Resolution to Recognize Brenda Tucker for Her Years of Dedicated Service
BRIEF SUMMARY:
Brenda Tucker will end her term as Clerk of Superior Court in December. A resolution has been prepared for
the Board's consideration to recognize Ms. Tucker for her years of dedicated service to the citizens of New
Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Tucker Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
12 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO RECOGNIZE BRENDA TUCKER
FOR HER YEARS OF DEDICATED SERVICE
WHEREAS, Brenda Tucker will end her term as Clerk of Court in December, closing this chapter of
her life; and
WHEREAS, Ms. Tucker began working as a Deputy Clerk on August 30, 1982, and has served as
New Hanover County's Clerk of Superior Court for 20 years; and
WHEREAS, Ms. Tucker has effectively implemented massive changes over the last quarter century
including automation of the jury system and leaves in place a dedicated office of public servants; and
WHEREAS, Ms. Tucker began her career using a typewriter and was instrumental in
implementation of the statewide fiber keying system for court documents; and
WHEREAS, Ms. Tucker began her career during a time when there was minimal security in the
courthouse and worked with law enforcement to provide security in every court room as well as
screening for those entering the court facilities; and
WHEREAS, Ms. Tucker has been an integral part of the expansion of the court facilities including
the Cobb Annex; and
WHEREAS, Ms. Tucker served on the Board of Directors of the National Guardianship Association
and was a member of the National College of Probate Judges. She also served on the Advisory
Committee for NC Court Improvement and was Chairman of the Administrative Office of the Courts
Rules and Recordkeeping Committee.
WHEREAS, Ms. Tucker has always acted in the best interest of the people when administering
justice.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners
recognizes Brenda Tucker for her years of dedicated service to the citizens of New Hanover County.
ADOPTED this the 15 day of November, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
12 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 13
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Ruth Haas, Director, Cape Fear Museum
SUBJECT:
Recognition of Museum Reaccreditation and Award of Excellence for Land of the Longleaf Pine
Exhibit
BRIEF SUMMARY:
With the full support of Museum Staff, the Museum Advisory Board, Cape Fear Museum Associates, Inc.
Board of Directors, County Management, County support staff, and the New Hanover County Board of
Commissioners, Cape Fear Museum of History and Science was granted reaccreditation by the American
Association of Museums. Citing the letter of award: "Accreditation recognizes a museum's commitment to
excellence and professional standards of operation." While subject to on -going review, the Museum is now
accredited through 2023.
Additional recognition came to the Museum from the Southeastern Museums Conference Exhibition
Competition. The new longterm exhibit, Land of the Longleaf Pine, judged by a panel of museum
professionals, was presented with the Award of Excellence in the Over 100,000 Dollars Budget Category.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize staff and other key stakeholders and acknowledge award.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recognize the Museum's reaccreditation and award of excellence.
COMMISSIONERS' ACTIONS:
Recognized the Museum's reaccreditation and award of excellence.
Board of Commissioners Meeting
11/15/2010
13 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 14
DEPARTMENT: County Manager PRESENTER(S): Louise McColl and Capt. Scheu, Co- Chairs of the
USS Gravely Commissioning Committee
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of USS Gravely Day Proclamation
BRIEF SUMMARY:
The USS Gravely will be commissioned on Saturday, November 20, 2010. Louise McColl and Capt. Scheu
will be present to accept the proclamation along with one of the ship's officers or the USS Gravely's
commander.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Gravely Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
14 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
USS GRAVELY (DDG 107) DAY
PROCLAMATION
WHEREAS, on September 12, 2006, the Chief of Naval Personnel, Vice Admiral John Harvey,
announced the 57 ship of the Arleigh Burke class would be named for the late Vice Admiral
Samuel L. Gravely, Jr.; and
WHEREAS, the USS Gravely (DDG 107) was christened on May 16, 2009, in Pascagoula,
Mississippi, in a traditional ceremony; and
WHEREAS, in the winter of 2009, the Navy selected New Hanover County as the site of the
commissioning ceremony to be held on November 20, 2010; and
WHEREAS, New Hanover County is honored and takes great pride in hosting this historical
event; and
WHEREAS, the citizens of New Hanover County are very proud of its deep and rich heritage in
support of a strong military and national defense, and proud of the service provided by the
citizens of North Carolina in support of the defense of our country.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 20, 2010 be recognized as "USS Gravely (DDG 107) Day" in
New Hanover County. The Board further urges each and every citizen to extend a most cordial
and sincere welcome to the participants of the USS Gravely (DDG 107).
ADOPTED this the 15 day of November, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
14 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 15
DEPARTMENT: DSS PRESENTER(S): Wanda Marino, DSS Assistant Director and
LaVaughn Nesmith, DSS Director
CONTACT(S): Wanda Marino, DSS Assistant Director
SUBJECT:
Consideration of Adoption Awareness Month Proclamation
BRIEF SUMMARY:
Wanda Marino and LaVaughn Nesmith submitted the attached proclamation to recognize November as
Adoption Awareness Month in New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
15 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH
PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable family; and adoption
is a beautiful way to build a family; and an estimated 57,466 children were adopted nationwide
in 2009; and
WHEREAS, adoption is the goal for many special needs children in foster care; and there are an
estimated 115,000 children nationwide and 3,095 foster children in North Carolina waiting to be
adopted; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional and
behavioral challenges. They are children of all races. Many have been neglected, abandoned,
abused and /or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up
together. They need our care and they need security; and
WHEREAS, many children find permanent homes through adoption by their foster families or
relatives, thereby creating an ongoing need for new foster and adoptive families; and 61 children
in New Hanover County found permanence through adoption this past year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 2010 be recognized as "Adoption Awareness Month" in New
Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their
commitment to children. Furthermore, the Board encourages our community to honor the special
needs of New Hanover County's children in hopes of securing a permanent, loving family for
each and every child regardless of race, age, gender, health, emotional or behavioral condition or
past distress.
ADOPTED this the 15 day of November, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/15/2010
15 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 16
DEPARTMENT: Governing Body PRESENTER(S): Chairman Jason R. Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
New Hanover County Board of Elections Presentation on 2010 Election
BRIEF SUMMARY:
Chairman Thompson has requested that the New Hanover County Board of Elections members make a
presentation to the Board regarding the 2010 Elections:
• Information about the problems /issues encountered with the elections;
• Time line of when and how the issues were resolved; and
• What steps are being taken to prevent problems /issues from recurring in future elections.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
11/15/2010
16 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 17
DEPARTMENT: Airlie Gardens PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior
Resources Director
CONTACT(S): Janine Powell, Development Coordinator, Parks, Gardens and Senior Resources
SUBJECT:
Consideration of Adopting a Preservation Easement Recognizing the Architectural, Historic, and
Cultural Values and Significance of Airlie Gardens with the Common Purpose of Conserving and
Preserving Airlie Gardens
BRIEF SUMMARY:
A Preservation Easement is a legal agreement between a government agency (New Hanover County) and
nonprofit organization (Airlie Gardens Foundation) to which the property owner limits the activities that can
take place on the property. Terms of an easement are usually tailored to suit the particular piece of property
and the interests of the owner. The easement is recorded into the official record or assigned to the deed for
the property and is perpetual. Thus it binds future buyers of the land as well as the owner who entered into
the agreement. Preservation Easements are voluntary agreements. Property owners retain title to their land,
they can sell it when they wish to do so, and they do not give up any rights that they wish to keep, but must
be included in any document put forth.
Preservation Easements may carry benefits for the property owners, i.e. the taxpayers of New Hanover
County. In an area highly prized for development the rights are given up to develop the property. Reduction
of the value of the property as a development also reduces any potential buyers except those who wish to
operate as a public garden or space.
The goals of the easement programs are to help preserve the historic nature of the property, prevent
development, and preserve the heritage of the area. In doing a Preservation Easement it will only enhance the
management of the grounds and preserve its activities.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Preservation Easement Agreement between New Hanover County and the Airlie Gardens
Foundation, Inc.
ATTACHMENTS:
Draft Preservation Easement Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider the agreement.
Board of Commissioners Meeting
11/15/2010
17 -0
COMMISSIONERS' ACTIONS:
Approved as amended 5 -0.
Board of Commissioners Meeting
11/15/2010
17 -0
THIS PRESERVATION EASEMENT, made this day of
by and between NEW HANOVER COUNTY ( "Grantor ") and _
( "Grantee "), a nonprofit corporation of North Carolina.
WITNESSETH:
WHEREAS, Grantor is owner in fee simple of a historic landscaped garden located in the City
of Wilmington, NC, known as Airlie Gardens, more particularly described in Exhibit A attached
hereto and incorporated herein (hereinafter "the Property ").
WHEREAS, Grantor and Grantee recognize the architectural, historic, and cultural values
(hereinafter "preservation values ") and significance of the Property, and have the common
purpose of conserving and preserving the aforesaid Property;
WHEREAS, the grant of a preservation easement by Grantor to Grantee on the Property will
assist in preserving and maintaining the Property and its architectural, historic, and cultural
features for the benefit of the people of New Hanover County;
WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept, a
preservation easement (hereinafter, the "Easement ") on the Property.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, Grantor does hereby voluntarily grant
and convey unto the Grantee a preservation easement over the Property described in Exhibit A.
PURPOSE
1. Purpose. It is the Purpose of the Easement to assure that the architectural, historic and
cultural features of the Property will be retained and maintained substantially in their
current or better condition for preservation purposes and to prevent any use or change of
the Property that will significantly and materially impair or interfere with the use of the
property as a public garden and all other the related activities of a historic landscape
garden.
GRANTOR'S COVENANTS:
2.1 Grantor's Covenants: Covenant to Maintain.
(a) Grantor agrees at all times to maintain the buildings existing on the subject property
in the same or better structural condition and state of repair as that existing on the
effective date of this Easement. Grantor's obligation shall require maintenance,
replacement, repair, and /or reconstruction by Grantor whenever appropriate to
preserve the buildings.
(b) Grantor's obligation to maintain shall also require that the Property's landscaping
be maintained in good /better appearance with plantings, vegetation, and natural
screening.
20
Board of Commissioners Meeting
11/15/2010
17 -1 -1
2.2 Grantor's Covenants: Prohibited Activities.
1. The following acts or uses are expressly forbidden on, over or under the Property:
(a) The Property shall not be divided or subdivided and the Property shall not be devised
or conveyed except as a unit.
(b) No building shall be demolished, removed, or razed as prescribed in the approved and
adopted master plan, except as provided for herein.
(c) No tree with a diameter greater than six (6) inches dbh or more than thirty (30) feet in
height may be cut down, removed or destroyed on Airlie Gardens property except for
selective cutting and thinning required for woodlands management in connection with
a forest stewardship or woodlands management plan to be approved by the Grantee,
or otherwise consistent with activities authorized by a County approved master plan.
Notwithstanding the foregoing, diseased or hazardous trees or tree limbs may be
removed to prevent personal injury or property damage. New plantings may be
installed within Airlie Gardens property if needed to supplement existing vegetation
or to replace dead trees or other vegetation, provided such plantings are characteristic
of native or historic growth and have been approved by the Grantee
(d) Understory plant materials, including, but not limited to, brush, shrubs, saplings,
seedlings, undergrowth and vines shall not be cut down, removed or destroyed within
Airlie Gardens property, except as needed to control exotic or invasive species in
connection with a forest stewardship or woodlands management plan to be approved
by the Grantee, or otherwise consistent with activities authorized by a County
approved master plan.
(e) Construction, excavation, grading or the erection of retaining walls, buildings or other
structures, roads, driveways or utilities unless part of the approved master plan. Any
grading or other activities that would or might impair soil or slope stability or alter
drainage patterns on or off the site. Excavation, grading, dredging or removal of
topsoil, sand, gravel, loam, rock or other minerals from Airlie Gardens property for
the purpose of sale.
(f) Commercial timber cutting or harvesting of vegetative products from Airlie Gardens
property for commercial purposes.
(g) Maintenance or grazing of livestock or foul to include hunting and trapping of game
and fur bearing animals.
(h) Dumping of household waste, sawdust, ashes, trash, construction materials or other
debris of any kind on Airlie Gardens property.
(i) The operation of any mechanical equipment of any kind, including recreational
vehicles such as ATVs and motor bikes.
GRANTOR'S CONDITIONAL RIGHT SUBJECT TO APPROVAL:
3.1 Conditional Rights Requiring Approval by Grantee.
The following acts are prohibited without the prior express written approval of the Grantee:
Board of Commissioners Meeting
11/15/2010
17 -1 -2
(a) Grantor shall not change the use of the Property to another use, including single
family or multifamily residential, industrial, and commercial activities, not customary
and consistent with historical garden use. Grantee must determine that any new
proposed use: (i) does not impair the significant preservation values of the Property;
and (ii) does not conflict with the purpose of the Easement.
3.2 Review of Grantor's Request for Approval.
(a) Pursuant to paragraph 3. 1, Grantor shall submit in writing to Grantee for Grantee's
approval information (including plans, specifications, and designs where appropriate)
together with a specific request indentifying the purposed activity. In addition,
Grantor shall also submit to Grantee a timetable for the proposed activity which is
sufficient to permit Grantee to monitor such activity.
(b) Grantee reserves the right to consult with governmental agencies, nonprofit
preservation and conservation organizations, and /or other advisor deemed appropriate
by the Grantee, concerning the appropriateness of any activity proposed under this
Easement.
(c) Any approval rights of Grantee shall not be unreasonably withheld. Grantee agrees to
respond to any request of Grantor not later than forty -five (45) days following receipt
by Grantee of Grantor's request. Failure of Grantee to respond to Grantor within the
forty -five (45) days period shall be deemed to constitute approval of Grantor's
request.
GRANTOR'S RESERVED RIGHTS
4. Grantor's Reserved Rights Not Requiring Further Approval by Grantee.
Sub j ect to the above provisions the following rights, uses, and activities of or by Grantor on,
over, or under the Property are permitted by this Easement and by Grantee without further
approval by Grantee:
(a) The right to engage in all those acts and uses that: (i) are permitted by governmental
statute or regulation; (ii) do not materially and substantially impair the preservation
values of the property; and (iii) are not inconsistent with the purpose of this
Easement;
(b) The right to erect, maintain and repair buildings. The right to erect, maintain and
repair as used in this paragraph shall include the right to make changes in appearance,
material, colors, and workmanship without the prior written approval of Grantee.
(c) The right to use and enjoy the Property's building and garden, including but not
limited to the erection, maintenance, repair, and restoration of fences; the right to
construct and maintain existing driveways, roads, and paths with the use of same or
similar surface materials; the right to erect, maintain utilities lines, gardening and
building walkways, steps, piers and water structures and garden fences; the right to
plant, cut, remove, and clear grass or other vegetation and to perform routine
maintenance, landscaping, horticultural activities, building, construction and upkeep,
consistent with the purpose of this Easement.
Board of Commissioners Meeting
11/15/2010
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ADMINISTRATION AND ENFORCEMENT
5. Written Notice.
Any notice which either Grantor or Grantee may desire or be required to give to the other party
shall be in writing and shall be delivered by one of the following methods: by overnight courier
postage prepaid, facsimile transmission, registered or certified mail with return receipt requested,
or hand delivery; if to Grantor, then at (Address), and if to Grantee, then to (address).
Each party may change its address set forth herein by a notice to such effect to the other party.
6. Evidence of Compliance.
Upon request by Grantor, Grantee shall promptly furnish Grantor with a certification that, to the
best of Grantee's knowledge, Grantor is in compliance with the obligations of this Easement, or
that otherwise describes the status of this Easement to the extent of Grantee's knowledge.
7. Inspection.
With appropriate prior notice to Grantor, Representative of Grantee shall by permitted at all
reasonable times to inspect the Property (including the interior of the Residence) (and /or
Buildings /Ancillary Structures).
8. Grantee's Remedies.
Grantee may, following reasonable written notice to Grantor, institute suit(s) to enjoin any
violation of the terms of this easement by injunction, including prohibitory and /or mandatory
injunctive relief. Grantee shall not be entitled to any monetary damages or attorney fee.
Exercise by Grantee of the injunctive relief hereunder shall have the effect of waiving or limiting
any other remedy, and the failure to exercise said remedy shall have the effect of waiving or
limiting the use of any other remedy or the use of such remedy at any other time.
THIS EASEMENT reflects the entire agreement of Grantor and Grantee. Any prior or
simultaneous correspondence, understandings, agreements, and representations are null and void
upon execution of this agreement, unless set out in this instrument.
TO HAVE AND TO HOLD, the said Preservation easement, unto the said Grantee and its
successors and permitted assigns forever.
Board of Commissioners Meeting
11/15/2010
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IN WITNESS WHEREOF, Grantor and Grantee have set their hand under seal on the day and
year set forth below.
GRANTOR: New Hanover County
Bruce Shell, County Manager
ATTEST:
Sheila Schult, Clerk to the Board
ATTEST:
GRANTEE:
Secretary President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public for said State and
County, certify that Sheila Schult acknowledged that she is Clerk to the Board of Commissioners
of New Hanover County, and that by authority duly given and as the act of the Board, the
foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and
attested by herself as its Clerk.
Witness my hand and official seal this day of , 2010.
My Commission Expires:
Notary Public
Board of Commissioners Meeting
11/15/2010
17 -1 -5
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of the State and County
aforesaid, certify that personally appeared before me this day
and acknowledged that he is Secretary of , a nonprofit
corporation of North Carolina organized under the laws of the State of North Carolina, and that
by authority duly given and as the act of the nonprofit corporation, the foregoing instrument was
signed in its name by its President, and attested by
himself as its Secretary.
Witness my hand and official seal this day of , 2010.
My commission expires:
Notary Public
Board of Commissioners Meeting
11/15/2010
17 -1 -6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 18
DEPARTMENT: County Manager PRESENTER(S): Rick Catlin, Commissioner -Elect and John
Hubbard, Environmental Health Director
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
New Hanover County Landfill Leachate Update
BRIEF SUMMARY:
The Board earlier this fall approved a budget amendment to pay for pump- and -haul costs from the County's
landfill to aid with reducing the volume of leachate in the landfill. However, since that budget amendment,
County staff and Commissioner -elect Rick Catlin have successfully negotiated with the state an alternative to
pump- and -haul -- additional aerators added to the landfill's wastewater treatment facility. The agreement
allows the County to avoid much of the $600,000+ pump- and -haul operation.
Commissioner -elect Catlin will provide an update to the Board.
A budget amendment will be placed on a future agenda when the exact amount is determined.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear the update.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear the update.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
11/15/2010
18 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 19
DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer
CONTACT(S): Jim Iannucci, County Engineer
SUBJECT:
Consideration of Request for Renewal of Biological Monitoring Contract (Year 9) with Land
Management Group, Inc. to Meet Permit Requirements of the Mason Inlet Relocation Project
BRIEF SUMMARY:
The relocation of Mason Inlet was completed in April 2002. As required by the US Army Corps of Engineers
permit, biological monitoring must be performed annually. Land Management Group, Inc., has provided
monitoring services connected with the Mason Inlet Relocation Project for years 0 -7. Continued biological
monitoring for year 8 is a requirement of the project and remains a Permit Condition. A detailed description
of services is provided in the attached proposal from Land Management Group, Inc. Land Management
Group, Inc. previously conducted biological monitoring for years 0 -8 and has supplied the necessary Annual
Biological Monitoring Reports for the Mason Inlet Project. These services differ from the monitoring of bird
and plant species previously performed by UNCW and no longer required by the Permit conditions, and
ongoing monitoring of waterbird nesting areas performed by the Audubon Society under a separate contract.
Land Management Group, Inc. has submitted a proposal in the amount of $20,200.00 which is an 11 %
decrease from the Year 8 contract. Performance of annual monitoring to date has fulfilled the requirements of
the permit. The cost will eventually be repaid through assessment of the benefiting property owners. This
contract was reviewed by David Kellam and Dr. George Melita of the Mason Inlet Preservation Group
(MIPG) .
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that Board approve the award of the Year 9 contract for continued biological monitoring
of the inlet project to Land Management Group in the amount of $20,200, and authorize the Chairman to
execute the contract. There are sufficient funds available in the Mason Inlet Project.
A TT A f NMFNTC
Mason Inlet Biological Monitoring Year 9
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
19 -0
LMG
LAND MANAGEMENT GROUPINC
August 20, 2010
Mr. Jim lannucci
New Hanover County Engineering Department
230 Government Center Drive, Suite 160
Wilmington, NC 28403
RE: Mason Inlet Relocation Project — Biological Monitoring Year 9 Proposal
Dear Jim:
Per our recent discussions, Land Management Group, Inc. (LMG) is providing the following
requested proposal for the Year 9 Biological Monitoring for the Mason Inlet Relocation
Project. The following is a list of the task items associated with the Year 9 monitoring:
TAW ITFKAq-
(1) Re- Establishment of Transects and Field Monitoring of Marsh Habitat (sediment,
vegetation, and benthic infauna) Fee: $8,200
(2) UNC- Wilmington Benthic Identification and Summary
(3) Data Analysis and Year -End Summary Report
(4) Agency Meetings and Coordination
Fee: $6750
Fee: $3,050
Fee: .$2,200
TOTAL FEE (YEAR 9) _ .$20,200
The fee proposal being provided is for work conducted by LMG staff through the completion
of the ninth year of monitoring and includes sub - contractor expenses associated with the
benthic identification and analysis. Please note that these are identical tasks as those
contracted for Year 8 with a corresponding 11% decrease in costs. As indicated in a prior
email, a $3,000 balance remains unused in the Year 8 purchase order. This amount had
been allocated for agency meetings and coordination. Pending agency comment on the Year
8 report, we anticipate some portion of this balance to remain unused for Year 8.
In order to comply with the Corps of Engineers' (COE) request to sample in the late summer,
LMG is planning to conduct the field work for Year 9 in the next week or two.
Board of Commissioners Meeting
11/15/2010
19 -1 -1
We look forward to bein able to continue the biolo monitorin and to represent the
Count with associated a coordination. Upon approval of a new purchase order and
receipt of a si letter a (attached), LMG will proceed accordin to the scope of
services identified above.
Should y ou have an q uestions or re additional information, please do not hesitate to
contact me via phone (910-452-0001) or email (cpreziosi @Imgroup.net). Thank y ou for
allowin LMG the opportunit to assist New Hanover Count with this effort.
Respectfull
Land Mana Group, Inc.
Christian Preziosi
Section Mana
encl.
www.lm t * info (klm net * Phone: 910.452. III 1 * Fax: 910 .452.0060
3805 Wri Ave., Suite 15, Wilmin NC 28403 * P.O. Box 2522, Wilmin NC 28401
Board of Commissioners Meetin
11/15/2010
19-1-2
Di si b
Christian
Christian Preziosi
DN: CN = Christian
Preziosi
P reziosi, C = US
Date: 2010.08.23
11:49:43 -04'00'
Christian Preziosi
Section Mana
encl.
www.lm t * info (klm net * Phone: 910.452. III 1 * Fax: 910 .452.0060
3805 Wri Ave., Suite 15, Wilmin NC 28403 * P.O. Box 2522, Wilmin NC 28401
Board of Commissioners Meetin
11/15/2010
19-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 20
DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer
CONTACT(S): Jim Iannucci, County Engineer
SUBJECT:
Consideration of Request for Renewal of Mason Inlet Waterbird Habitat Management Plan for 2010
(Year 9) with Audubon North Carolina to Meet Permit Requirements of the Mason Inlet Relocation
Project
BRIEF SUMMARY:
In 2002, New Hanover County successfully relocated Mason Inlet 3,000 feet north across the southern tip of
Figure 8 Island. As mitigation for impacts to habitats used by nesting waterbirds, New Hanover County was
directed to develop and implement a waterbird management plan for the Mason Inlet project area, including
the north end of Wrightsville Beach (Condition #16, USACOE Permit). As part of this plan, New Hanover
County was required to monitor the nesting success of waterbirds and shorebirds, document the number of
nests for each species, and document the species and number of non - breeding birds using the north end of
Wrightsville Beach.
Implementation of the management component of the Mason Inlet Waterbird Habitat Management Plan has
been carried out by Audubon North Carolina, the North Carolina State Office of the National Audubon
Society, under contract with New Hanover County from 2003 to present.
Audubon North Carolina has successfully implemented the management component of the Mason Inlet
Waterbird Habitat Management Plan since 2003. The nesting of waterbirds and shorebirds has increased
dramatically, and habitat for waterbirds and shorebirds was restored.
The attached proposed contract concerns the 2010 (year 9) monitoring and management of the Wrightsville
Beach component of the Mason Inlet Waterbird Habitat Management Plan. The contract is for a not to
exceed amount of $19,760.31. The total was reduced by $5,156.19 from last year through extensive efforts
by Audubon to utilize volunteers.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that this contract be renewed for continued monitoring and management waterbird habitat
of the northern end of Wrightsville Beach in the amount of $19,760.31 and authorization for the Chairman to
execute the contract. There are sufficient funds available in the Mason Inlet Project.
ATTACHMENTS:
Waterbird Management Proposal Year 9
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
11/15/2010
20 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
20 -0
Wri Bleach Waterbird Mana Area
W it r Hablitat Mana
2010
W=
0
Submitted.
April 350,21010
Board of Commissioners Meetin
11/15/2010
20-1-1
Proposal to New Hanover County for Implementation of the Wrightsville Beach component of
the Mason's Inlet Waterbird Habitat Management Plan.
2010
Introduction
In 2002, New Hanover County successfully relocated Masons Inlet 3000 feet north across the
southern tip of Figure 8 Island. As mitigation for impacts to habitats used by nesting waterbirds,
New Hanover County was directed to develop and implement a waterbird management plan for the
Mason Inlet project area, including the north end of Wrightsville Beach (Condition #16, USACOE
Permit). As part of this plan, New Hanover County was required to monitor the nesting success of
waterbirds and shorebirds, document the number of nests for each species, and document the species
and number of non - breeding birds using the north end of Wrightsville Beach.
Implementation of the management component of the Mason's Inlet Waterbird Habitat Management
Plan has been carried out by Audubon North Carolina- -the North Carolina State Office of the
National Audubon Society- -under contract with New Hanover County, from 2003 - present.
Implementation of the monitoring component of the plan has been carried out by UNC- Wilmington,
under the direction of Dr. David Webster.
Audubon North Carolina (Audubon) has successfully implemented the management component of
the Mason's Inlet Waterbird Habitat Management Plan since 2003. Under Audubon's management,
human disturbances were controlled and greatly reduced. At the same time, nesting waterbirds and
shorebirds increased dramatically, and habitat for waterbirds and shorebirds was restored.
The monitoring component of the Waterbird habitat management plan has been implemented by
UNCW since 2002. Following discussions with Dr. David Webster, UNCW professor and principal
investigator for the bird monitoring component of the management plan, we determined that it would
be most efficient if Audubon assumed responsibilities for both the management and monitoring
associated with the north end of Wrightsville Beach on January 1, 2007. This resulted in the same
level of management and monitoring for the site and with reduced overall cost.
This proposal concerns the 2010 monitoring and management of the Wrightsville Beach component
of the Mason's Inlet Waterbird Habitat Management Plan.
The Mason's Inlet Waterbird Habitat Management Plan
The Mason's Inlet Waterbird Habitat Management Plan was developed through meetings and
discussions with representatives from Audubon, the North Carolina Wildlife Resources Commission
(NCWRC), and the US Fish and Wildlife Service (USFWS), all of whom have extensive knowledge
of waterbird biology and management, with additional input from New Hanover County staff, US
Army Corps of Engineers, and Land Management Group, Inc. The original management plan,
developed in 2002, was later revised prior to the 2004 nesting season. Goals and actions outlined by
Audubon, NCWRC, and USFWS in the management plan, and in the revised management plan,
were consistent with waterbird management practices implemented on similar beaches throughout
the Atlantic and Gulf Coasts of the US.
One of the most critical factors required to meet the goals of the Waterbird Habitat Management
Plan is the prevention of human - induced disturbances to birds using the site. These disturbances
result from both passive and active recreation activity by people and dogs (leashed or unleashed).
Disturbances can be deliberate, such as a person or dog chasing birds or they can be seemingly
benign, such as a person walking calmly down the beach. Regardless, the reaction of the birds is the
same. They leave their nests or chicks until the threat (a person or dog) leaves the area. Chronic
disturbances, even at low levels, result in increased nest abandonment and failure, increased chick
mortality, and eventually abandonment of the nesting site. The impact of chronic or prolonged
Board of Commissioners Meeting
11/15/2010
20-1-2
disturbances by people or dogs can be exactly the same as a person deliberately stepping on an egg or
chick.
Hunan disturbances and loss of habitat are the most significant threats to waterbirds. Thee two
factors present the greatest threat to most waterbird and shorebird species. The Mason's Inlet
waterbird Habitat Management Flan specifically addresses disturbances from people and dogs and
outlines specific requirements to reduce Duman -- induced disturbances. The Plan also specifically
includes public information and education activities that have been shown to be important for the
overall success of waterbird /shorebird management.
Monitoring is equally important. Monitoring bird use and productivity of ncsting lairds is the only
feasible means of assessing the effectiveness of management actions and assessing the overall impact
of the project on birds.
Five goals are outlined in the Mason's Inlet waterbird Habitat Management Plan, along with specific
actions required to meet each of the goals. The goals include:
L Identify and protect nesting habitat for waterbird species.
2. Provide high quality foraging and roosting habitat for waterbird species.
3. Restrain human and animal disturbances to waterbirds throughout the year.
4. Educate and inform the public about waterbirds and waterbird habitat in the project
area.
5 . Monitor waterbirds in the project area.
Imple
In April 2003, Audubon North Carolina (the North Carolina Mate office of the National Audubon
Society) entered into a cooperative agreement with New Hanover County to manage the north end of
Wrightsville Beach in a manner that will restore the site for nesting birds. This agreement has been
renewed for emery season since 2003.
As directed by County staff, Audubon's primary objective will be to implement one component of
Mason's Inl waterbird Habitat Management Plan; the component of the Plan pertaining to nesting
waterbirds on the north end of Wrightsville Beach. This would partially fulfill goals outlined in the
Plan and the corresponding condition of the permit issued for the relocation of Mason's Inlet,
To this end, Audubon proposes to complete each of the following:
1. Employ a biological technician to implement the Wrightsville Beach component of the
Mason's Inlet waterbird Habitat Management Plan.
2. Locate colonies and nesting sites for waterbirds and shorebirds on the north and south
ends of Wrightsville Beach.
3. Post, rope off, and monitor the saes for the entire nesting season to prevent human
disturbances as outlined to the Mason's Inlet waterbird Habitat Management Plant
Document all human and clog disturbances.
5. Maintain signage for the entire nesting season.
6. Develop and advertise educational programs about birds of the area and offer to the
public free of charge; maintain interpretative panels at the information board.
7. Assemble and coordinate volunteers to assist with management, protection, monitoring,
and education activities.
8. Prepare and submit a final project report for the 2010 season by April 1, 2011.
Completing the above objectives will result in compliance with the Mason's Inlet waterbird Habitat
Management Plan and associated permits pertaining to waterbird and shorebird management on the
north and south ends of Wrightsville Beach.
2
Board of Commissioners Meeting
11/15/2010
20 -1 -3
Monitoring
Audubon will continue monitoring breeding and non - breeding bird use on the north end of
Wrightsville Beach, following the same protocols as Dr. David Webster. Monitoring will include the
following:
1. A waterbird and shorebird nesting survey will be conducted to determine how the inlet
relocation project affects nest productivity in those species of birds that use the inlet area as
nesting habitat. waterbird and shorebird nesting areas within the project area will be identified
and monitored throughout the watrbird-nesting season (March I through August 3 1, or until the
last chick fledges).
Monitoring will take place on the north and south ends of Wrightsville Beach. Based on past
years, the list of species expected to nest in the survey area includes, but is not limited to,
Black Skimmers,, American Oystercatchers, Wilson's Plovers, willets, Least Terns, and
Common Ferns. During the nesting season, a sample of nests will be marked and every 2-3
days from lair date to hatch date. Care will be taken to minimize disturbance to nesting lairds
and survey activities will not be conducted during adverse weather conditions. The Mayfield
method will be used to calculate survival during five critical life - history stages —nest
building, egg laying, incubation, hatching and nestling—as ranch as can be expected given the
tendency of the batchlings to abandon the nest quickly after hatching.
2. A monitoring program for breeding and non - breeding piping plovers will be implemented.
The area will be monitored for nesting attempts by Piping Plovers. If a nest is located, it will
be marked and monitored every 2-3 days until the last chick has fledged.
a. elates when monitoring began and ended;
b. nesting chronology (dates when plovers were first seen on the situ nest establishment
dates, dates when unfledged chicks are present on the site)-
c. locations of nests and brood foraging territories;
d. known and suspected causes of nest and chick loss;
e. indices of predator abundance-
f locations - of commonly used foraging areas during; each stage of the breeding cycle; and
g. use of the site by post - breeding or migrating plovers.
Monitoring for non - breeding plovers will be conducted weekly no less than every 6 days)
during the migrating and the over-wintering periods (July I through May 15. Surveys will be
evenly distributed throughout this period, including a wide range of tidal conditions and
habitat types.
A final project report will be prepared and submitted on or before April 1, 2011.
Conclusion
The management and monitoring actions implemented on Wrightsville Beach have worked very well
to restore suitable conditions for breeding and non - breeding birds at this location. Both actions are
essential to maintaining the site for birds and should continue as proposed. The proposed actions
stated herein will accomplish these objectives while maintaining compliance with federal permits
issued for the relocation of Mason inlet. Furthermore,, the project is at a stage where combining both
management and monitoring under Audubon's direction will be the most efficient and cost effective
means to maintain the north end of Wrightsville Beach in a state that is favorable to breeding and
non - breed birds and consistent with the federal permits.
Board of Commissioners Meeting
11/15/2010
20-1-4
Proposed Bud
Wrightsville Beach Waterbird Management Area 201
Staff
Seasonal Biological Technician 11
900 h rs @ $13.13/hr
Conservation Biologist 2
100 hrs @ $.00r
Education Coordinator 1
hrs @ $25/hr
Education and Outreach
Printed Material 150.00
Design & layout
Educational panels 400.00
Equipment & Supplies
Posts, rope, string 600.00
Signs 600.00
Office supplies 100.00
Miscellaneous hardware 250.00
Staff & volunteer shirts 120.00
Subtotal 17
Ad mi nistrative overhead 13.0% 2273.31
Total 19
Board of Commissioners Meeting
11/15/2010
20-1-5
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 21
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley
County Attorney
CONTACT(S): Avril Pinder, Finance Director and Wanda Copley County Attorney
SUBJECT:
Consideration of Series Resolution Authorizing and Approving the Issuance and Sale of Not Exceeding
$100,000,000 Aggregate Principal Amount of Hospital Revenue Refunding Bonds for the Purpose of
Providing Funds to Currently Refund the County's Outstanding Hospital Revenue Bonds, Ratifying
the Preliminary Official Statement and Authorizing and Approving the Form and Terms of the
Official Statement, A Seventh Amendment to the Lease Agreement and the Bond Purchase Agreement
and the Execution and Delivery of Such Bond Documents in Connection With the Public Offering of
Such Refunding Bonds and Such Other Matters Related Thereto
BRIEF SUMMARY:
The Board must consider and take action on a Series Resolution providing for the issuance of the County's
Hospital Revenue Refunding Bonds Series 2010 in the aggregate principal amount not exceeding
$100,000,000 including the ratification of the Preliminary Official Statement previously distributed, the
authorization of the execution and delivery of the Bond Purchase Agreement, the Official Statement and the
Seventh Amendment to Lease Agreement and providing for other matters in connection therewith. The
Series Resolution delegates to the Finance Director of the County the authority to determine certain terms of
the Bonds subject to limitations set forth in the Series Resolution.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
Series Resolution
Lease Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
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11/15/2010
21 -0
D &L Draft 43
October 27, 2010
COUNTY OF NEW HANOVER, NORTH CAROLINA
SERIES RESOLUTION
Adopted November 15, 2010
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TABLE OF CONTENTS
Pie
Preamble............................................................................................................ ..............................1
Section 501.
ARTICLE I.
Section 502.
DEFINITIONS
Section 101.
Meaning of Words and Terms ................................... ..............................2
Section 102.
Rules of Construction ................................................ ..............................7
Section 505.
ARTICLE II.
Section 506.
THE SERIES 2010 BONDS
Section 201.
Authority for and Issuance of Series 2010 Bonds ..... ..............................7
Section 202.
Maturity; Interest Rates .............................................. ..............................8
Section 203.
Payment of Principal of and Interest on the Series 2010 Bonds ..............8
Section 204.
Defaulted Interest ....................................................... ..............................8
Section 205.
Temporary Series 2010 Bonds ................................... ..............................9
Section 206.
Mutilated, Lost, Stolen or Destroyed Bonds .............. ..............................9
Section 207.
Transfer and Exchange of Series 2010 Bonds; Persons Treated
asOwners .................................................................. .............................10
Section 208.
Book -Entry Only System .......................................... .............................11
Section 209.
Successor Securities Depository; Transfers Outside Book -Entry
OnlySystem .............................................................. .............................12
Section 210.
Payments and Notices to Cede & Co ........................ .............................12
Section 211.
Conditions Precedent to Initial Delivery of Series 2010 Bonds . ...........
12
ARTICLE III.
REDEMPTION OF BONDS
Section 301.
Redemption Dates and Prices ................................... .............................14
Section 302.
Notice of Redemption; Selection of Series 2010 Bonds for
Redemption; and Cancellation .................................. .............................16
ARTICLE IV.
APPLICATION OF SERIES 2010 BOND PROCEEDS
Section 401.
Deposit of Funds ....................................................... .............................17
Section402.
Expense Fund ............................................................ .............................18
ARTICLE V.
SECURITY; FUNDS AND ACCOUNTS
Section 501.
Security for the Series 2010 Bonds ........................... .............................18
Section 502.
Establishment of Funds and Accounts ...................... .............................18
Section 503.
Principal Account ...................................................... .............................18
Section 504.
Interest Account ........................................................ .............................19
Section 505.
Sinking Fund Account .............................................. .............................19
Section 506.
Redemption Fund ...................................................... .............................19
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ARTICLE VI.
DEPOSITORIES OF MONEY, SECURITY FOR DEPOSITS, INVESTMENT OF FUNDS
Section 601.
Security for Deposits ................................................. .............................20
Section 602.
Investment of Money ................................................ .............................20
Section603.
Valuation ................................................................... .............................21
ARTICLE VII.
EVENTS OF DEFAULT
Section 701.
Events of Default ...................................................... .............................21
ARTICLE VIII.
THE TRUSTEE
Section 801.
Acceptance of Duties by Trustee .............................. .............................22
ARTICLE IX.
SUPPLEMENTAL SERIES RESOLUTIONS
Section 901.
Procedure for Adoption of Supplemental Series Resolutions ................22
Section 902.
Exclusion of Series 2010 Bonds ............................... .............................22
ARTICLE X.
DEFEASANCE
Section 1001.
Cessation of Interest of Holders and Repeal of Series Resolution ........22
ARTICLE XI.
MISCELLANEOUS PROVISIONS
Section 1101.
Manner of Giving Notice .......................................... .............................23
Section 1102.
Trustee, County, Corporation and Holders Alone Have Rights
Under Series Resolution ........................................... .............................24
Section 1103.
Effect of Partial Invalidity ........................................ .............................24
Section 1104.
Effect of Covenants ................................................... .............................25
Section 1105.
Dealing in Series 2010 Bonds ................................... .............................25
Section 1106.
Approval of Purchase Agreement and Seventh Amendment to
LeaseAgreement ...................................................... .............................25
Section 1107.
Ratification of Preliminary Official Statement and Approval of
OfficialStatement ..................................................... .............................25
Section 1108.
Appointment of County Representative and Authorization for
OtherActs ................................................................. .............................25
Section 1109.
No Recourse Against Commissioners, Directors, Officers or
Employees of County, Corporation or Local Government
Commission.............................................................. .............................26
Section1110.
Headings ................................................................... .............................26
Section 1111.
Continuing Disclosure .............................................. .............................26
Section1112.
Arbitrage ................................................................... .............................27
Section1113.
Tax Covenant ............................................................ .............................27
Section 1114.
Notice to Local Government Commission and Rating Agencies ..........27
Section 1115.
Provisions Relating to Local Government Commission ........................27
Section 1116.
Series Resolution Effective ....................................... .............................27
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Exhibit A Form of Series 2010 Bonds ...................................... ............................... A -1
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SERIES RESOLUTION AUTHORIZING AND APPROVING THE
ISSUANCE AND SALE OF NOT EXCEEDING $100,000,000
AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA HOSPITAL REVENUE REFUNDING
BONDS (NEW HANOVER REGIONAL MEDICAL CENTER), SERIES
2010 FOR THE PURPOSE OF PROVIDING FUNDS, TOGETHER WITH
ANY OTHER AVAILABLE FUNDS, TO CURRENTLY REFUND THE
COUNTY'S OUTSTANDING HOSPITAL REVENUE BONDS (NEW
HANOVER REGIONAL MEDICAL CENTER PROJECT), SERIES 1999,
RATIFYING THE PRELIMINARY OFFICIAL STATEMENT, AND
AUTHORIZING AND APPROVING THE FORM AND TERMS OF THE
OFFICIAL STATEMENT, A SEVENTH AMENDMENT TO THE LEASE
AGREEMENT AND THE BOND PURCHASE AGREEMENT AND THE
EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT, A
SEVENTH AMENDMENT TO THE LEASE AGREEMENT AND THE
BOND PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE
OF THE PRELIMINARY OFFICIAL STATEMENT AND THE OFFICIAL
STATEMENT IN CONNECTION WITH THE PUBLIC OFFERING OF
SUCH REFUNDING BONDS AND SUCH OTHER MATTERS RELATED
THERETO.
RECITALS
WHEREAS, the County of New Hanover, North Carolina (the "County ") is a political
subdivision of the State of North Carolina, which owns New Hanover Regional Medical Center,
a public general acute -care hospital facility;
WHEREAS, the County is empowered, under the Constitution and laws of the State of
North Carolina, particularly The State and Local Government Revenue Bond Act, Article 5,
Chapter 159 of the General Statutes of North Carolina, as amended (herein called the "Act "), to
undertake the obligations and commitments on its part set forth herein;
WHEREAS, the Board of Commissioners of the County (the "Board ") adopted a Bond
Order on October 6, 1993, as amended by a First Supplemental Bond Order adopted by the
Board on February 5, 1999 and a Second Supplemental Bond Order adopted by the Board on
December 7, 2005 (collectively, the "Bond Order "), authorizing the issuance of hospital revenue
bonds;
WHEREAS, under the Bond Order and pursuant to a Series Resolution adopted by the
Board on February 5, 1999, the County issued its $122,395,000 Hospital Revenue Bonds (New
Hanover Regional Medical Center Project) Series 1999 (the "Series 1999 Bonds "), of which
$98,105,000 remain outstanding;
WHEREAS, the County has deemed it advisable to adopt this Series Resolution (the
"Series Resolution ") and to issue its Hospital Revenue Refunding Bonds (New Hanover
Regional Medical Center), Series 2010 (the "Series 2010 Bonds "), as in this Series Resolution
hereinafter provided, for the purpose of providing funds, together with any other available funds,
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to currently refund all of the outstanding Series 1999 Bonds and pay certain expenses of issuing
the Series 2010 Bonds;
WHEREAS, the County has determined that the issuance of the Series 2010 Bonds is in
the best interest of the County; and
WHEREAS, the County has determined that the Series 2010 Bonds, the Certificate of the
Local Government Commission and the Certificate of Authentication to be endorsed by the
Trustee on all Series 2010 Bonds as provided herein shall be, respectively, substantially in the
forms, with such variations, omissions and insertions as may be specified by the County or
otherwise required or permitted by this Series Resolution, attached hereto as Exhibit A; now
therefore,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover,
North Carolina:
ARTICLE I.
DEFINITIONS
Section 101. Meaning of Words and Terms. Unless otherwise required by the context,
words and terms used herein which are defined in the Bond Order shall have the meanings
assigned to them therein, except as hereinafter set forth:
"Affiliate" means a corporation, limited liability company, partnership, joint venture,
association, business trust or similar entity (i) which controls, is controlled by or is under
common control with, directly or indirectly, a Person; or (ii) a majority of the members of the
governing body of which are members of the governing body of a Person. For the purposes of
this definition, control means with respect to: (a) a corporation having stock, the ownership,
directly or indirectly, of more than 50% of the securities (as defined in Section 2(1) of the
Securities Act of 1933, as amended) of any class or classes, the holders of which are ordinarily,
in the absence of contingencies, entitled to elect a majority of the governing body of such
corporation; (b) a non - profit corporation not having stock, having the power to elect or appoint,
directly or indirectly, a majority of the members of the governing body of such corporation; or
(c) any other entity, the power to direct the management of such entity through the ownership of
at least a majority of its voting securities or the right to designate or elect at least a majority of
the members of its governing body, by contract or otherwise. For the purposes of this definition,
"governing body" means with respect to: (a) a corporation having stock, such corporation's
board of directors and the owners, directly or indirectly, of more than 50% of the securities (as
defined in Section 2(1) of the Securities Act of 1933, as amended) of any class or classes, the
holders of which are ordinarily, in the absence of contingencies, entitled to elect a majority of the
corporation's directors (both of which groups shall be considered a governing body); (b) a non-
profit corporation not having stock, such corporation's members if the members have complete
discretion to elect the corporation's directors, or the corporation's directors if the corporation's
members do not have such discretion or if such corporation has no members; and (c) any other
entity, its governing board or body. For the purposes of this definition, all references to directors
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and members shall be deemed to include all entities performing the function of directors or
members however denominated.
"Authorized Denomination" means denominations of $5,000 and any whole multiple
thereof
"Board" has the meaning set forth in the Preamble hereof.
"Bond Counsel" means any nationally recognized municipal bond counsel acceptable to
the County.
"Bond Fund" means the Fund by that name created under Section 502(A) hereof.
"Bond Order" means the bond order adopted by the Board on October 6, 1993, as
supplemented by a first supplemental bond order adopted by the Board on February 5, 1999 and
a second supplemental bond order adopted by the Board on December 7, 2005.
"Bond Register" means the registration books of the County kept by the Trustee to
evidence the registration and transfer of Series 2010 Bonds.
"Bondholder," "holder," "Holder," "Owner" or "owner of the Series 2010 Bonds"
means the registered owner of any Series 2010 Bond and does not mean any beneficial owner of
a Series 2010 Bond whether through a book -entry system or otherwise.
"Business Day" means a day which is not (a) a Saturday, Sunday or legal holiday on
which banking organizations in the State of New York or the city in which the Principal Office
of the Trustee is located are authorized by law to close and on which such entity is in fact closed
or (b) a day on which the New York Stock Exchange is closed.
"Closing Date" means November 30, 2010, the date of issuance and delivery of the
Series 2010 Bonds.
"County" has the meaning set forth in the Preamble hereof.
"County Attorney" means the County Attorney of the County, the person performing the
duties of the County Attorney or the official succeeding to the County Attorney's principal
functions.
"County Manager" means the County Manager of the County, the person performing the
duties of the County Manager or the official succeeding to the County Manager's principal
functions.
"Date of Original Issuance" means the Closing Date.
"Defaulted Interest" means interest on any Series 2010 Bond which is payable but not
duly paid on the date due.
"Expense Fund" means the fund by that name created under Section 402 hereof.
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"Finance Director" means the Finance Director or an interim Finance Director of the
County, the person performing the duties of the Finance Director or an interim Finance Director
or the official succeeding to the Finance Director's or an interim Finance Director's principal
functions.
"Fitch" means Fitch, Inc., a corporation organized and existing under the laws of the
State of Delaware, its successors and their assigns, or, if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be
deemed to refer to any other nationally recognized securities rating agency designated by the
Corporation by written notice to the County and the Trustee and acceptable to the Local
Government Commission.
"Fund" means any of the funds established pursuant to this Series Resolution.
"Immediate Notice" means notice by telephone, email transmission or telecopier to such
address as the addressee shall have provided in writing, promptly followed by written notice by
first class mail, postage prepaid; provided, however, that if any Person required to give an
Immediate Notice shall not have been provided with the necessary information as to the
telephone, email transmission or telecopier number of an addressee, Immediate Notice shall
mean written notice by first class mail, postage prepaid.
"Independent Counsel" means an attorney duly admitted to practice law before the
highest court of any state and, without limitation, may include independent legal counsel for the
Corporation, the County or the Trustee.
"Interest Account" means the account by that name created in the Bond Fund under
Section 502hereof.
"Interest Payment Date" means April 1 or October 1, as the case may be.
"Interested Parties" means the County, the Corporation, the Trustee, the Paying Agent
(if any), and the Bondholders.
"Investment Grade" means (i) that rating of any Rating Agency with a rating then in
effect with respect to the Series 2010 Bonds that represents the lowest rating that any of such
Rating Agencies recognizes as being investment grade and (ii) each rating above such rating.
"Investment Obligations" means, for purposes of this Series Resolution, any form of
investment now or hereafter allowed by Section 159 -30 of the General Statutes of North
Carolina, as amended, or any successor statute.
"Issuance, Sale and Closing Certificate" means the certificate of the Finance Director
filed pursuant to this Series Resolution with the Trustee on the Closing Date setting forth certain
details of the Series 2010 Bonds and other terms and provisions relating to the sale and issuance
of the Series 2010 Bonds as provided for herein together with such other details, terms and
provisions as the Finance Director may determine.
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"Letter of Representations" means the Blanket Letter of Representations from the
County to DTC dated August 21, 1995.
"Local Government Commission" means the Local Government Commission of North
Carolina, a division of the Department of State Treasurer, established by Section 159 -3 of the
General Statutes of North Carolina, and any successor or successors thereto.
"Maturity Date" means the date or dates on which the Series 2010 Bonds mature, as set
forth in the Issuance, Sale and Closing Certificate.
" Moody's" means Moody's Investors Service, Inc., a corporation organized and existing
under the laws of the State of Delaware, its successors and their assigns, or, if such corporation
shall be dissolved or liquidated or shall no longer perform the functions of a securities rating
agency, " Moody's" shall be deemed to refer to any other nationally recognized securities rating
agency designated by the Corporation by written notice to the County and the Trustee and
acceptable to the Local Government Commission.
"Official Statement" means an Official Statement prepared in connection with the
issuance and sale of the Series 2010 Bonds.
"Opinion of Bond Counsel" means a written opinion of Bond Counsel in form and
substance acceptable to the County and the Trustee which opinion may be based on a ruling or
rulings of the Internal Revenue Service.
"Opinion of Counsel" means a written opinion of counsel who is acceptable to the
County in form and substance acceptable to the County and the Trustee.
"Outstanding Series 2010 Bonds" or "Series 2010 Bonds Outstanding" means all Series
2010 Bonds which have been duly authenticated and delivered by the Trustee under this Series
Resolution, except:
(a) Series 2010 Bonds canceled after purchase in the open market or because
of payment at or redemption prior to maturity;
(b) Series 2010 Bonds for the payment or redemption of which cash or
Government Obligations shall have been theretofore deposited with the Trustee (whether
upon or prior to the maturity or redemption date of any such Series 2010 Bonds) in
accordance with the Series Resolution; provided that if such Series 2010 Bonds are to be
redeemed prior to the maturity thereof, notice of such redemption shall have been given
or arrangements satisfactory to the Trustee shall have been made therefor, or waiver of
such notice satisfactory in form to the Trustee shall have been filed with the Trustee; and
(c) Series 2010 Bonds in lieu of which others have been authenticated under
the Series Resolution.
"Paying Agent" means the bank or banks, if any, designated pursuant to this Series
Resolution to receive and disburse the principal of and interest on the Series 2010 Bonds.
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"Person" means any natural person, firm, joint venture, association, partnership, business
trust, corporation, public body, agency or political subdivision thereof or any other similar entity.
"Preliminary Official Statement" means a Preliminary Official Statement prepared in
connection with the issuance and sale of the Series 2010 Bonds.
"Principal Account" means the account by that name created in the Bond Fund under
Section 502 hereof.
"Principal Office" means, when used with respect to the Trustee, the corporate trust
office of the Trustee identified as such for the performance of the functions in question, and,
when used with respect to any other entity, means the principal office of such entity or such other
office of such entity as may be designated by that entity in writing to the Trustee.
"Purchase Agreement" means the bond purchase agreement for the Series 2010 Bonds
among the County, the Corporation, the Local Government Commission and the purchasers
named therein.
"Rating Agency" means Moody's, Fitch or Standard & Poor's, and their respective
successors and assigns.
"Record Date" means the fifteenth (15 day (whether or not a Business Day) of the
calendar month immediately preceding such Interest Payment Date.
"Redemption Date" means, when used with respect to any Series 2010 Bond to be
redeemed, the date fixed for such redemption pursuant to Article III hereof.
"Redemption Fund" means the fund created and so designated by Section 506 of this
Series Resolution.
"Redemption Price" means, with respect to any Series 2010 Bond (or portion thereof),
the price to be paid upon redemption as set forth in Article III of this Series Resolution.
"Securities Depository" means The Depository Trust Company, New York, New York or
other recognized securities depository selected by the County at the request of the Corporation,
which maintains a book -entry system in respect of the Series 2010 Bonds, and shall include any
substitute for or successor to the securities depository initially acting as Securities Depository.
"Securities Depository Nominee" means, as to any Securities Depository, such Securities
Depository or the nominee of such Securities Depository in whose name there shall be registered
on the registration books maintained by the Trustee the Series 2010 Bond certificates to be
delivered to and immobilized at such Securities Depository during the continuation with such
Securities Depository of participation in its book -entry system.
"Serial Bonds" means the Series 2010 Bonds that are designated as Serial Bonds in the
Issuance, Sale and Closing Certificate.
"Series 1999 Bonds" has the meaning set forth in the Recitals hereof.
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"Series 2010 Bonds" has the meaning set forth in the Recitals hereof.
"Series Resolution" means this Series Resolution, including any amendments or
supplements hereto.
"Seventh Amendment to Lease Agreement" means the Seventh Amendment to Lease
Agreement, dated as of November 1, 2010, by and between the County and the Corporation.
"Sinking Fund Account" means the account by that name created in the Bond Fund
under Section 502 hereof to which amounts are to be deposited in accordance with Section 505
hereof.
"Sinking Fund Requirements " means, with respect to the Series 2010 Bonds, the
Sinking Fund Requirement provided in the Issuance, Sale and Closing Certificate relating to the
Term Bonds.
"Special Record Date" means the date fixed by the Trustee pursuant to Section 204 of
this Series Resolution for the payment of Defaulted Interest.
"Standard & Poor's" or "S&P" means Standard & Poor's Ratings Services, a division of
The McGraw Hill Companies, Inc., a corporation organized and existing under the laws of the
State of New York, its successors and assigns, and, if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, "Standard &
Poor's" shall be deemed to refer to any other nationally recognized securities rating agency
designated by the Corporation by written notice to the County and the Trustee and acceptable to
the Local Government Commission.
"Tax Compliance Certificate" means the Tax Compliance Certificate dated the Date of
Original Issuance of the Series 2010 Bonds and issued by the County and the Corporation.
"Term Bonds " means the Series 2010 Bonds that are designated as Terms Bonds in the
Issuance, Sale and Closing Certificate.
Section 102. Rules of Construction. Words of the masculine gender shall be deemed
and construed to include correlative words of the feminine and neuter genders. Unless the
context shall otherwise indicate, the words "Bond ", "owner ", "Holder" and "Person" shall
include the plural as well as the singular number.
ARTICLE II.
THE SERIES 2010 BONDS
Section 201. Authority for and Issuance of Series 2010 Bonds. (A) No Series 2010
Bonds may be issued under the provisions of this Series Resolution except in accordance with
this Article. There is hereby authorized under Chapter 159, Article 5 of the General Statutes of
North Carolina, the Bond Order and this Series Resolution one Series of bonds designated the
"County of New Hanover, North Carolina Hospital Revenue Refunding Bonds (New Hanover
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Regional Medical Center), Series 2010." The principal amount for the Series 2010 Bonds that
may be issued hereunder shall not exceed $100,000,000.
(B) Except as otherwise provided in this Series Resolution, the Series 2010 Bonds
shall be substantially in the form attached hereto as Exhibit A. The Series 2010 Bonds shall bear
interest from their respective dates and shall be issuable as registered bonds in Authorized
Denominations. Unless the County shall otherwise direct, the Series 2010 Bonds shall be
numbered from R -1 upward. The Series 2010 Bonds, as initially issued, will be dated as of their
Date of Original Issuance.
Section 202. Maturity; Interest Rates. (A) The Series 2010 Bonds shall bear interest
(calculated on the basis of a 360-day year consiting of twelve 30-day months) at the rates, shall
consist of Serial Bonds and Term Bonds and shall mature (subject to the right of prior
redemption as hereinafter set forth) on the Maturity Dates set forth in the Issuance, Sale and
Closing Certificate; provided, however, that the issuance of the Series 2010 Bonds and the
proposed refunding shall result in aggregate net present value debt service savings that equal or
exceed 3.0% of the Series 1999 Bonds to be refunded; and, provided further, the final maturity of
the Series 2010 Bonds shall not be later than on October 1, 2028.
(B) The principal of, premium, if any, and interest on and the Redemption Price of the
Series 2010 Bonds shall be payable in any currency of the United States of America which, at the
respective dates of payment thereof, is legal tender for the payment of public and private debts.
Section 203. Payment of Principal of and Interest on the Series 2010 Bonds. The
principal or Redemption Price of the Series 2010 Bonds shall be payable by check in lawful
money of the United States of America upon presentation at the Principal Office of the Trustee to
the registered owners of the Series 2010 Bonds on such date. Interest on the Series 2010 Bonds
shall be paid to the Person whose name appears on the Bond Register as the Holder thereof as of
the close of business on the Record Date for each Interest Payment Date. Payment of the interest
shall be made by check mailed by first class mail to such Holder at its address as it appears on
such registration books, or, upon the written request of any Holder of at least $1,000,000 in
aggregate principal amount of the Series 2010 Bonds, submitted to the Trustee at least five
Business Days prior to the Record Date, by wire transfer in immediately available funds to an
account within the United States of America designated by such Holder. As long as Cede & Co.
is the Holder of the Series 2010 Bonds, said principal or Redemption Price and interest payments
shall be made to Cede & Co. by wire transfer in immediately available funds. CUSIP number
identification shall accompany all payments of principal or Redemption Price and interest
whether by check or by wire transfer.
Section 204. Defaulted Interest. Defaulted Interest with respect to any Series 2010
Bond shall cease to be payable to the holder of such Series 2010 Bond on the relevant Record
Date and shall be payable to the holder in whose name such Series 2010 Bond is registered at the
close of business of the Trustee on the special record date (the "Special Record Date ") for the
payment of such Defaulted Interest, which shall be fixed in the following manner. The County
shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on
each Series 2010 Bond and the date of the proposed payment (which date shall be such as will
enable the Trustee to comply with the next sentence hereof), and at the same time the County
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shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be
paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee
for such deposit prior to the date of the proposed payment, such money when deposited to be
held in trust for the benefit of the holders of the Series 2010 Bonds entitled to such Defaulted
Interest as provided in this Section. Following receipt of such funds the Trustee shall fix a
Special Record Date for the payment of such Defaulted Interest which shall be not more than 15
nor less than 10 days prior to the date of the proposed payment and not less than 10 days after the
receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify
the County and the Corporation of such Special Record Date and, in the name and at the expense
of the County and the Corporation, shall cause notice of the proposed payment of such Defaulted
Interest and the Special Record Date therefor to be mailed, first -class postage prepaid, to each
holder of a Series 2010 Bond at the address of such holder as it appears on the registration books
kept by the Trustee not less than 10 days prior to such Special Record Date. Such Defaulted
Interest shall be paid to the holders of the Series 2010 Bonds on which such Defaulted Interest is
to be paid in whose names such Series 2010 Bonds are registered on such Special Record Date.
Section 205. Temporary Series 2010 Bonds.
Series 2010 Bonds may be initially issued in temporary form exchangeable for definitive
Series 2010 Bonds of the same Series, if any, when ready for delivery. The temporary Series
2010 Bonds shall be of such denomination or denominations as may be determined by the
County and may contain such reference to any of the provisions of this Series Resolution as may
be appropriate. Every temporary Series 2010 Bond shall be executed by the County and be
authenticated by the Trustee upon the same conditions and in substantially the same manner as
the definitive Series 2010 Bonds. If the County issues temporary Series 2010 Bonds it will
execute and furnish definitive Series 2010 Bonds without delay and thereupon the temporary
Series 2010 Bonds may be surrendered for cancellation in exchange therefor at the Principal
Office of the Trustee, and the Trustee shall authenticate and deliver in exchange for such
temporary Series 2010 Bonds an equal aggregate principal amount of definitive Series 2010
Bonds of the same subseries, if any, and maturity of authorized denominations. Until so
exchanged, the temporary Series 2010 Bonds shall be entitled to the same benefits under this
Series Resolution as definitive Series 2010 Bonds authenticated and delivered hereunder.
Section 206. Mutilated, Lost, Stolen or Destroyed Bonds. In the event a temporary or
definitive Series 2010 Bond is mutilated, lost, stolen or destroyed, the County may execute and
the Trustee may authenticate a new Series 2010 Bond of like form, date, subseries, maturity and
denomination as that mutilated, lost, stolen or destroyed; provided that, in the case of any
mutilated Series 2010 Bond, such mutilated Series 2010 Bond shall first be surrendered to the
Trustee, and in the case of any lost, stolen or destroyed Series 2010 Bond, there shall be first
furnished to the Trustee evidence of such loss, theft or destruction satisfactory to the County and
the Trustee, together with indemnity satisfactory to them. In the event any such Series 2010
Bond shall have matured, instead of issuing a duplicate Series 2010 Bond, the County or the
Trustee may pay the same without surrender thereof. The County and the Trustee may charge
the holder or owner of such Series 2010 Bond with their reasonable fees and expenses in this
connection.
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Section 207. Transfer and Exchange of Series 2010 Bonds; Persons Treated as
Owners. The County shall cause the Bond Register to be kept by the Trustee at its Principal
Offi ce.
Upon surrender for transfer of any Series 2010 Bond at the Principal Office of the
Trustee, the County shall execute and the Trustee shall authenticate and deliver in the name of
the transferee or transferees a new fully registered Series 2010 Bond or Series 2010 Bonds of the
same subseries and maturity and of authorized denomination for the aggregate principal amount
which the registered owner is entitled to receive. Any Series 2010 Bond or Series 2010 Bonds
may be exchanged at said office of the Trustee for a like aggregate principal amount of Series
2010 Bond or Series 2010 Bonds of the same maturity of other authorized denominations. The
execution by the County of any Series 2010 Bond shall constitute full and due authorization of
such Series 2010 Bond, and the Trustee shall thereby be authorized to authenticate, date and
deliver such Series 2010 Bond.
On each date on which the Trustee authenticates and delivers a Series 2010 Bond, it shall
complete the information required to be inserted by the form of Series 2010 Bond and shall keep
a record of such information.
All Series 2010 Bonds presented for transfer or exchange shall be accompanied by a
written instrument or instruments of transfer or authorization for exchange, in form and with
guaranty of signature satisfactory to the Trustee, duly executed by the registered owner or by
such owner's duly authorized attorney.
No service charge shall be imposed upon the owner for any exchange or transfer of Series
2010 Bonds. The County, the Corporation and the Trustee may, however, require payment by
the person requesting an exchange or transfer of Series 2010 Bonds of a sum sufficient to cover
any tax, fee or other governmental charge that may be imposed in relation thereto, except in the
case of the issuance of a Series 2010 Bond or Series 2010 Bonds for the unredeemed portion of a
Series 2010 Bond surrendered for redemption.
The County, the Trustee and any Paying Agent shall not be required to register the
transfer or exchange of any Series 2010 Bond (i) after notice calling such Series 2010 Bond or
portion thereof for redemption has been mailed or (ii) during the fifteen day period next
preceding the mailing of a notice of redemption of the Series 2010 Bonds of the same Series, if
any, and maturity.
New Series 2010 Bonds delivered upon any transfer or exchange shall be valid
obligations of the County, evidencing the same debt as the Series 2010 Bonds surrendered, shall
be secured by the Bond Order and this Series Resolution and shall be entitled to all of the
security and benefits hereof to the same extent as the Series 2010 Bond surrendered.
The County, the Trustee and any Paying Agent may treat the registered owner of any
Series 2010 Bond as the absolute owner thereof for all purposes, whether or not such Series 2010
Bond shall be overdue, and shall not be bound by any notice to the contrary. All payments of or
on account of the principal of and premium, if any, and interest on any such Series 2010 Bond as
herein provided shall be made only to or upon the written order of the registered owner thereof
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or his legal representative, but such registration may be changed as herein provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2010
Bond to the extent of the sum or sums so paid.
Any Series 2010 Bond surrendered for the purpose of payment or retirement or for
exchange or transfer or for replacement pursuant to this Section 207 shall be cancelled upon
surrender thereof to the Trustee or any Paying Agent. Any such Series 2010 Bonds cancelled by
any Paying Agent other than the Trustee shall be promptly transmitted by such Paying Agent to
the Trustee. Certification of Series 2010 Bonds cancelled by the Trustee and Series 2010 Bonds
cancelled by a Paying Agent other than the Trustee which are transmitted to the Trustee shall be
made to the County and to the Corporation. Cancelled Series 2010 Bonds may be destroyed by
the Trustee unless instructions to the contrary are received from the County and the Corporation.
Section 208. Book -Entry only System. It is intended that the Series 2010 Bonds be
registered so as to participate in a securities depository system with the Securities Depository, as
set forth herein. The Series 2010 Bonds shall be initially issued in the form of a separate single
fully registered Series 2010 Bond for each date on which the Series 2010 Bonds are stated to
mature. Upon initial issuance, the ownership of each such Series 2010 Bond shall be registered
on the Bond Register in the name of Cede & Co., or any successor thereto, as nominee for the
Securities Depository. The County's Letter of Representations is on file with the Securities
Depository.
With respect to Series 2010 Bonds registered in the Bond Register in the name of Cede &
Co., as nominee of the Securities Depository, the County and the Trustee shall have no
responsibility or obligation to any broker - dealer, bank or other financial institution for which the
Securities Depository holds Series 2010 Bonds from time to time as securities depository (each
such broker - dealer, bank or other financial institution being referred to herein as a "Depository
Participant ") or to any person on behalf of whom such a Depository Participant holds an interest
in the Series 2010 Bonds (each such person being herein referred to as an "Indirect Participant ").
Without limiting the immediately preceding sentence, the County and the Trustee shall have no
responsibility or obligation with respect to (a) the accuracy of the records of the Securities
Depository, Cede & Co., any Depository Participant or any Indirect Participant with respect to
the ownership interest in the Series 2010 Bonds, (b) the delivery to any Depository Participant or
any Indirect Participant or any other person, other than a registered owner of a Series 2010 Bond
as shown in the Bond Register, of any notice with respect to the Series 2010 Bonds, including
any notice of redemption, (c) the payment to any Depository Participant or Indirect Participant or
any other person, other than a registered owner of a Series 2010 Bond as shown in the Bond
Register, of any amount with respect to principal of, premium, if any, or interest on, the Series
2010 Bonds, (d) any consent given by the Securities Depository as registered owner, or (e)
subject to Article III hereof, the selection by the Securities Depository or any Depository
Participant of any beneficial owners to receive payment if Series 2010 Bonds are redeemed in
part. While in the Securities Depository System, no person other than Cede & Co., or any
successor thereto, as Securities Depository Nominee for the Securities Depository, shall receive
a Series 2010 Bond certificate with respect to any Series 2010 Bond. Upon delivery by the
Securities Depository to the Trustee of written notice from the Securities Depository to the effect
that the Securities Depository has determined to substitute a new Security Depository Nominee
in place of Cede & Co., and subject to the provisions hereof with respect to the payment of
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interest by the mailing of checks or drafts to the registered owners of Series 2010 Bonds at the
close of business on the Record Date applicable to any interest payment date, the name "Cede &
Co." in this Series Resolution shall refer to such new Securities Depository Nominee of the
Securities Depository.
Section 209. Successor Securities Depository; Transfers Outside Book -Entry Only
System. In the event that (a) the Trustee determines that the Securities Depository is incapable
of discharging its responsibilities described herein and in the Letter of Representations, (b) the
Letter of Representations shall be terminated for any reason or (c) the Corporation or the County
determines that it is in the best interests of the beneficial owners of the Series 2010 Bonds that
they be able to obtain certificated Series 2010 Bonds, the County shall (i) appoint a successor
securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange
Act of 1934, as amended, notify the Securities Depository and the DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Series
2010 Bond certificates to such successor securities depository or (ii) notify the Securities
Depository of the availability through the Securities Depository of Series 2010 Bond certificates
and transfer one or more separate Series 2010 Bond certificates to DTC Participants having
Series 2010 Bonds credited to their Securities Depository accounts. In such event, the Series
2010 Bonds shall no longer be restricted to being registered on the Bond Register in the name of
Cede & Co., as nominee of the Securities Depository but may be registered in the name of the
successor security depository, or its nominee, in whatever name or names registered owners of
Series 2010 Bonds transferring or exchanging Series 2010 Bonds shall designate, in accordance
with the provisions hereof.
Section 210. Payments and Notices to Cede & Co. Notwithstanding any other
provision of this Series Resolution to the contrary, so long as any Series 2010 Bond is registered
in the name of Cede & Co., as nominee of the Securities Depository, all payments with respect to
principal of, premium, if any, and interest on such Series 2010 Bond and all notices with respect
to such Series 2010 Bond shall be made and given, respectively, in the manner provided in the
Letter of Representations.
Section 21 L Conditions Precedent to Initial Delivery of Series 2010 Bonds.
The Series 2010 Bonds shall be deposited with the Trustee for authentication, but before
the Series 2010 Bonds shall be delivered by the Trustee, there shall be filed with the Trustee the
documents required by Section 208 of the Bond Order and the following:
(a) a copy, duly certified by the Clerk to the Board of Commissioners of the County
to be a true and correct copy, of the Bond Order, this Series Resolution and the Seventh
Amendment to Lease Agreement;
(b) a copy, duly certified by the Secretary or Assistant Secretary of the Corporation to
be a true and correct copy, of the resolutions adopted by the Board of Trustees of the Corporation
authorizing the execution, delivery and performance of the Seventh Amendment to the Lease
Agreement and the Purchase Agreement and approving this Series Resolution, the issuance and
sale of the Series 2010 Bonds, the Preliminary Official Statement and the Official Statement
related to the Series 2010 Bonds;
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(c) an Opinion of Counsel for the County to the effect that (i) the County or the
Corporation has obtained from such governmental authorities, boards, agencies, or commissions
having jurisdiction over the Health Care System all approvals, consents, authorizations,
certifications, and other orders that are necessary for the operation of the Health Care System
that reasonably could have been obtained as of the date of delivery of the Series 2010 Bonds and
that if further approvals, consents, authorizations, certifications, and orders are necessary for the
operation of the Health Care System such counsel has no reason to believe that the County or the
Corporation will not be able to obtain the same, when required, (ii) the Bond Order, this Series
Resolution and all other resolutions relating to the issuance of the Series 2010 Bonds have been
duly adopted at meetings of the Board duly called and held in accordance with law and at which
quorums were present and acting throughout, and that the Bond Order, this Series Resolution and
such other resolutions remain in full force and effect and have not been amended or modified in
any respect, (iii) the form, terms, execution and issuance of the Series 2010 Bonds have been
duly authorized, (iv) the form and terms of the Bond Order and this Series Resolution for the
Series 2010 Bonds have been duly authorized, (v) each of the Bond Order, this Series Resolution
constitutes a binding and valid agreement of the County that is enforceable in accordance with its
terms, (vi) no provision of the Bond Order, this Series Resolution or the Purchase Agreement
violates any federal or North Carolina statutory or constitutional provision, including without
limitation, any provisions of the Act or results in or constitutes a default under or conflicts with
any agreement, indenture, or other instrument to which the County is a party or by which it may
be bound, or any current order, rule, regulation, decree, or ordinance of any court, government,
governmental authority or body having jurisdiction over the County or its property, and of which
she has knowledge after due inquiry, (vii) the adoption of the Bond Order and this Series
Resolution is not subject to any authorization, consent, approval, or review of any governmental
body, public officer, or regulatory authority required on the date of her opinion and not
theretofore obtained or effected, (viii) there is no litigation, proceeding, or governmental
investigation pending or threatened before any court or governmental agency or body
challenging the validity of the Bond Order, this Series Resolution, the Purchase Agreement or
the Seventh Amendment to Lease Agreement or the transactions contemplated therein, or of the
Series 2010 Bonds, or the corporate existence or the boundaries of the County or the title of any
of the officers of the County to their respective offices, and (ix) all conditions precedent to the
delivery of the Series 2010 Bonds have been fulfilled;
(d) an Opinion of Counsel for the Corporation to the effect that (i) the County or the
Corporation has obtained from such governmental authorities, boards, agencies, or commissions
having jurisdiction over the Health Care System all approvals, consents, authorizations,
certifications, and other orders that are necessary for the operation of the Health Care System
that reasonably could have been obtained as of the date of delivery of the Series 2010 Bonds and
that if further approvals, consents, authorizations, certifications, and orders are necessary for the
operation of the Health Care System such counsel has no reason to believe that the County or the
Corporation will not be able to obtain the same, when required, (ii) the Bond Order, this Series
Resolution and all other resolutions relating to the issuance of the Series 2010 Bonds have been
duly approved at meetings of the Board of Trustees of the Corporation duly called and held in
accordance with law and at which quorums were present and acting throughout, (iii) the
execution, delivery and performance of the Seventh Amendment to Lease Agreement and the
Purchase Agreement have been duly approved at meetings of the Board of Trustees of the
Corporation duly called and held in accordance with law and at which quorums were present and
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acting throughout, and (iv) there is no litigation, proceeding, or governmental investigation
pending or threatened before any court or governmental agency or body challenging the validity
of the Bond Order, this Series Resolution, the Seventh Amendment to Lease Agreement, the
Purchase Agreement or the transactions contemplated therein, or of the Series 2010 Bonds, or the
corporate existence of the Corporation or the title of any of the officers of the Corporation to
their respective offices;
(e) an Opinion of Bond Counsel to the effect that the issuance of the Series 2010
Bonds has been duly authorized, that the Series 2010 Bonds constitute valid and binding special
obligations of the County in accordance with their terms and that assuming compliance with the
requirements of the Code and certain covenants in this Series Resolution and the Tax
Compliance Certificate, under existing law interest on the Series 2010 Bonds is excluded from
gross income for federal income tax purposes and is exempt from North Carolina income taxes;
(� an Issuance, Sale and Closing Certificate setting forth the following:
(1) the aggregate principal amount of Series 2010 Bonds to be issued, not in
excess of the maximum amount previously established in Section 201,
(2) the designation of and the schedule of maturities and amounts of the Serial
Bonds,
(3) the designation of and the Sinking Fund Requirements for an amount of
the Term Bonds,
(4) the rates of interest for each of the Serial Bonds and the Term Bonds,
(5) the optional redemption dates and redemption premium, if any; and
(g) evidence of compliance with Section 1201 of the Bond Order
When the documents mentioned in Section 208 of the Bond Order and paragraphs (a) to
(g), inclusive, of this Section shall have been filed with the Trustee and when the Series 2010
Bonds shall have been executed and authenticated as required by this Series Resolution and the
Bond Order, the Trustee shall deliver the Series 2010 Bonds at one time to the State Treasurer
for delivery to the Securities Depository, but only upon payment to the Trustee of the purchase
price of the Series 2010 Bonds.
ARTICLE III.
REDEMPTION OF BONDS
Section 301. Redemption Dates and Prices.
(A) Optional and Extraordinary Redemption. The Series 2010 Bonds are subject to
redemption by the County at the direction of the Corporation in whole or in part on any date at a
Redemption Price equal to 100% of the principal amount thereof, without premium, plus accrued
interest to the Redemption Date, to the extent available, from Net Proceeds (as defined in the
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Bond Order) resulting from insurance carried or maintained with respect to the Health Care
System as required by clauses (ii) and (v) of Section 608(a) of the Bond Order, and Net Proceeds
resulting from Eminent Domain (as defined in the Bond Order) proceedings, pursuant to Section
609 of the Bond Order, to the extent such Net Proceeds exceed 10% of Net Book Value (as
defined in the Bond Order). The Series 2010 Bonds are also sub j ect to mandatory redemption in
whole only on any date to the extent available from money deposited by the Corporation in the
Redemption Fund at a Redemption Price equal to 100% of the principal amount thereof, without
premium, plus accrued interest to the Redemption Date in the event that, by reason of any change
in any federal or State law or of any legislative, administrative or judicial action or
administrative failure of action, (i) the Lease becomes unenforceable or impossible to perform
without unreasonable delay or (ii) unreasonable burdens or excessive liabilities are imposed on
the County or the Corporation, including, without limitation, the imposition of federal, state or
other ad valorem property, income or other taxes not being imposed on the date of the Lease.
(B) Terms of Redemption.
(1) Optional Redemption of Series 2010 Bonds. The Series 2010 Bonds shall
be subject to redemption at the option of the County, at the direction of the Corporation,
in the manner and upon the terms set forth in the Issuance, Sale and Closing Certificate.
(2) Sinking Fund Account Redemption. The Series 2010 Bonds designated as
Term Bonds in the Issuance, Sale and Closing Certificate shall be redeemed pursuant to
mandatory sinking fund redemption on October 1 in the year or years and principal
amounts as set forth in the Issuance, Sale and Closing Certificate, at a Redemption Price
equal to 100% of the principal amount of such Series 2010 Bonds to be redeemed, plus
accrued interest to the Redemption Date.
(3) Minimum Redemption Amount. No redemption of less than all of the
Series 2010 Bonds of a Series at the time outstanding shall be made pursuant to the
provisions of Section 301 unless (i) the aggregate principal amount of such Series 2010
Bonds to be redeemed is equal to or greater than $100,000 and (ii) the Series 2010 Bonds
are redeemed in Authorized Denominations.
(C) Purchase in Lieu of Redemption. In lieu of redeeming Series 2010 Bonds
pursuant to this Section 301, the Trustee may, at the request of the County, upon the direction of
the Corporation, use such funds otherwise available hereunder for redemption of Series 2010
Bonds to purchase Series 2010 Bonds identified by the County, upon the direction of the
Corporation, at a price specified by the County, upon the direction of the Corporation, not
exceeding the Redemption Price then applicable hereunder. In the case of any optional or
extraordinary redemption or any purchase and cancellation of Series 2010 Bonds, the Trustee
shall apply as a credit against the required Sinking Fund Account deposits with respect to such
Term Bonds the amount of such Term Bonds in such order as the County, upon the direction of
the Corporation, elects in writing prior to such optional or extraordinary redemption or purchase
and cancellation or, if no election is made, in the inverse order thereof. The Trustee shall cancel
all such Series 2010 Bonds purchased pursuant to this Section 301(C).
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Section 302. Notice of Redemption; Selection of Series 2010 Bonds for
Redemption; and Cancellation. (A) Not less than thirty (30) days but not more than sixty (60)
days before the redemption date of any Series 2010 Bonds, whether such redemption be in whole
or in part, the Trustee shall cause a notice of any redemption signed by the Trustee to be mailed,
postage prepaid, to all Holders owning Series 2010 Bonds to be redeemed in whole or in part
provided that notice to the Securities Depository shall be sent in accordance with the Securities
Depository's policies and procedures. Failure to mail any such notice to any Holder or any
defect in any notice so mailed shall not affect the validity of the proceedings for the redemption
of the Series 2010 Bonds of any other Holders to whom notice was properly given. Each such
notice shall set forth: the CUSIP numbers and bond certificate numbers of the Series 2010 Bonds
to be redeemed, the interest rate of the Series 2010 Bonds to be redeemed, the Date of Original
Issuance of the Series 2010 Bonds to be redeemed, the Redemption Date, the Redemption Price
to be paid, the maturities of the Series 2010 Bonds to be redeemed and, in the case of Series
2010 Bonds to be redeemed in part only, the portion of the principal amount thereof to be
redeemed, the address and telephone number of the Trustee, the date of the redemption notice,
and that on the Redemption Date the Series 2010 Bonds called for redemption will be payable at
the principal corporate trust office of the Trustee, that from that date interest will cease to accrue
and be payable and that no representation is made as to the accuracy or correctness of the CUSIP
numbers printed therein or on the Series 2010 Bonds. If any Series 2010 Bond is to be redeemed
in part only, the notice of redemption shall state also that on or after the Redemption Date, upon
surrender of such Series 2010 Bond, a new Series 2010 Bond in principal amount equal to the
unredeemed portion of such Series 2010 Bond will be issued.
Any notice of redemption, except a notice of redemption in respect of a mandatory
sinking fund redemption, at the direction of the Corporation, may state that the redemption to be
effected is conditioned upon the receipt by the Trustee on or prior to the Redemption Date of
moneys sufficient to pay the principal of and premium, if any, and interest on the Series 2010
Bonds or portions thereof to be redeemed, and if such moneys are not so received, such notice
shall be of no force or effect and such Series 2010 Bonds shall not be required to be redeemed.
In the event that such notice contains such a condition and moneys sufficient to pay the principal
of and premium, if any, and interest on such Series 2010 Bonds are not received by the Trustee
on or prior to the Redemption Date, the redemption shall not be made, and the Trustee shall
within a reasonable time thereafter give notice, in the manner in which the notice of redemption
was given, that such moneys were not so received.
In addition, at least 3 0 days before the Redemption Date, such notice shall be given by
first class mail, postage prepaid, to the Local Government Commission. Neither failure to give
any such notice nor any defect in any such notice so given to the Local Government Commission
shall affect the sufficiency of the proceedings for the redemption of such Series 2010 Bonds.
Notice of redemption of Series 2010 Bonds shall be given by the Trustee, at the expense
of the Corporation, for and on behalf of the County.
(B) The Series 2010 Bonds shall be redeemed only in Authorized Denominations. If
less than all the Series 2010 Bonds are called for redemption, the Series 2010 Bonds of each
maturity to be so redeemed shall be called for redemption in the manner set forth in a certificate
of the Corporation filed with the Trustee. If less than all of the Series 2010 Bonds of any one
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maturity are to be called for redemption, the Trustee shall select the Series 2010 Bonds of each
such maturity to be redeemed by lot, each $5,000 portion of principal being counted as one
Series 2010 Bond for this purpose; provided, however, that so long as the only Owner of the
Series 2010 Bonds is a Securities Depository Nominee, such selection shall be made by the
Securities Depository by lot in accordance with its operating rules and procedures.
(C) If less than all of a Series 2010 Bond is selected for redemption, the Owner
thereof shall present and surrender such Series 2010 Bond to the Trustee for payment of the
principal amount thereof so called for redemption, and the redemption premium, if any, on such
principal amount, and the County shall, if necessary, execute and the Trustee shall authenticate
and deliver to or upon the order of such Owner, without charge, for the unredeemed portion of
the principal amount of the Series 2010 Bond so surrendered, a new Series 2010 Bond of the
same maturity and designation, bearing interest at the same rate of any Authorized
Denominations.
(D) Series 2010 Bonds presented and surrendered in accordance with the provisions
of this Section shall be canceled upon the surrender thereof.
(E) On or before the date upon which Series 2010 Bonds are to be redeemed, the
County shall deposit, or cause to be deposited, with the Trustee money or Defeasance
Obligations, or a combination of both, that will be sufficient to pay on the Redemption Date the
Redemption Price of, and interest accruing on, the Series 2010 Bonds or portions thereof to be
redeemed on such Redemption Date.
On the Redemption Date, notice having been given in the manner and under the
conditions hereinabove provided, the Series 2010 Bonds or portions thereof called for
redemption shall be due and payable at the Redemption Price provided therefor, plus accrued
interest to such date (except in the case of a conditional redemption authorized by Section
302(A) if moneys are not so available), and if moneys sufficient to pay the Redemption Price of
the Series 2010 Bonds or portions thereof to be redeemed plus accrued interest thereon to the
Redemption Date are held by the Trustee in trust for the owners of the Series 2010 Bonds or
portions thereof to be redeemed, interest on the Series 2010 Bonds or portions thereof called for
redemption shall cease to accrue on such Redemption Date; such Series 2010 Bonds or portions
thereof shall cease to be entitled to any benefits or security under the Bond Order or this Series
Resolution or to be deemed Outstanding; and the owners of such Series 2010 Bonds or portions
thereof shall have no rights in respect thereof except to receive payment of the Redemption Price
thereof, plus accrued interest to the Redemption Date.
ARTICLE IV.
APPLICATION OF SERIES 2010 BOND PROCEEDS
Section 401. Deposit of Funds. (A) The net proceeds from the sale of the Series 2010
Bonds shall be applied as follows:
(i) To the Trustee the redemption price of the Series 1999 Bonds, less
the amount available from existing debt service funds, to be paid to the Holders of
the Series 1999 Bonds on the Closing Date; and
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(ii) The balance of the proceeds shall be deposited to the Expense
Fund to pay the costs of issuance of the Series 2010 Bonds.
Section 402. Expense Fund. The County shall establish with the Trustee a separate
fund to be known as the "Expense Fund —New Hanover Regional Medical Center — Series 2010"
(the "Expense Fund "). Amounts on deposit in the Expense Fund shall be disbursed upon the
written request of the Corporation or the County for the payment of expenses for any recording,
trustee's and depository's fees and expenses, accounting and legal fees, financing costs, and
other fees and expenses incurred or to be incurred by or on behalf of the County or the
Corporation in connection with or incident to the issuance and sale of the Series 2010 Bonds and
the refunding of the outstanding Series 1999 Bonds. At such time as the Trustee is furnished
with a written request of the Corporation stating that all such fees and expenses have been paid,
the Trustee shall transfer any moneys remaining in the Expense Fund to the Interest Account and
the Trustee shall close the Expense Fund.
ARTICLE V.
SECURITY; FUNDS AND ACCOUNTS
Section 501. Security for the Series 2010 Bonds. In addition to the security for the
Series 2010 Bonds granted by the County pursuant to Section 405 of the Bond Order, the County
hereby grants to the Holders and to the Trustee, on behalf of the Holders, a pledge of the money
and securities in the funds and accounts established under this Series Resolution, and the income
from the temporary investment thereof.
Section 502. Establishment of Funds and Accounts. There are hereby established
with the Trustee the following funds and accounts:
(A) The New Hanover County 2010 New Hanover Regional Medical Center Revenue
Bond Fund in which there are established three special accounts to be known as the Principal
Account, Interest Account and the Sinking Fund Account; and
(B) The New Hanover County 2010 New Hanover Regional Medical Center
Redemption Fund.
Section 503. Principal Account. On or prior to three Business Days next preceding
each October 1, the Trustee shall deposit in the Principal Account, beginning on the date set forth
in the Issuance, Sale and Closing Certificate, such amounts as shall be sufficient to make full and
timely payments of the principal of all Serial Bonds due on the next ensuing October 1;
provided, however, that no deposit pursuant to this paragraph need be made to the extent that
there is a sufficient amount already on deposit in the Principal Account for that purpose. If
sufficient funds to make the transfers described in this Section 503 are not available in the Bond
Fund on the third Business Day preceding each October 1, the Trustee will give Immediate
Notice thereof to the County, Corporation and the Local Government Commission, promptly
confirmed in writing.
Section 504. Interest Account. On or prior to three Business Days next preceding each
Interest Payment Date, the Trustee shall deposit in the Interest Account an amount which will be
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equal to the interest to become due on the Series 2010 Bonds on such Interest Payment Date;
provided, however, that no deposit pursuant to this paragraph need be made to the extent that
there is a sufficient amount already on deposit in the Interest Account for that purpose. If
sufficient funds to make the transfers described in this Section 504 are not available in the Bond
Fund on the third Business Day preceding an Interest Payment Date, the Trustee will give
Immediate Notice thereof to the County and the Corporation, promptly confirmed in writing.
Section 505. Sinking Fund Account. On or prior to three Business Days preceding
each Maturity Date and each mandatory Sinking Fund Account Redemption Date, the Trustee
shall deposit in the Sinking Fund Account an amount which is equal to the principal of the Series
2010 Bonds next to become due by maturity or mandatory Sinking Fund Account redemption.
No such deposit need be made, however, to the extent that there is a sufficient amount already on
deposit and available for such purpose in the Sinking Fund Account to be applied to such next
maturity or mandatory Sinking Fund Account redemption payment. If sufficient funds to make
the transfers to the Sinking Fund Account described in this Section 505 are not available on the
third Business Day preceding any Maturity Date or mandatory Sinking Fund Account
Redemption Date, the Trustee will give Immediate Notice thereof to the County and the
Corporation.
Moneys on deposit in the Sinking Fund Account, other than income earned thereon which
is to be transferred to other funds created hereunder and except as otherwise provided in the
Bond Order, shall be applied by the Trustee to pay principal on the Series 2010 Bonds as it
becomes due and to redeem the Series 2010 Bonds in accordance with the mandatory Sinking
Fund Account redemption schedule provided for in Section 301 hereof. In lieu of such
mandatory Sinking Fund Account redemption, the Trustee shall, at the written request of the
Corporation, purchase for cancellation an equal principal amount of Series 2010 Bonds of the
Series and maturity to be redeemed in the open market identified by the Corporation at prices
specified by the Corporation not exceeding the principal amount of the Series 2010 Bonds being
purchased plus accrued interest with such interest portion of the purchase price to be paid from
the Interest Account and the principal portion of such purchase price to be paid from the Sinking
Fund Account. In addition, the amount of Series 2010 Bonds to be redeemed on any date
pursuant to the mandatory Sinking Fund Account redemption schedule shall be reduced by the
principal amount of Series 2010 Bonds of the Series and maturity required to be redeemed which
are acquired by the County or the Corporation and delivered to the Trustee for cancellation.
Section 506. Redemption Fund. In the event of a deposit with the Trustee by the
County of moneys from any other source for redeeming Series 2010 Bonds or the purchase of
Series 2010 Bonds for cancellation, except as otherwise provided in this Series Resolution, such
moneys shall be deposited in the Redemption Fund. Moneys on deposit in the Redemption Fund
shall be used for the redemption or purchase of Series 2010 Bonds in accordance with the
provisions of Article III hereof.
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ARTICLE VI.
DEPOSITORIES OF MONEY, SECURITY FOR DEPOSITS,
INVESTMENT OF FUNDS
Section 601. Security for Deposits. Any and all money deposited or cause to be
deposited by the County with the Trustee (or one or more other Depositaries as provided in the
Bond Order), except for the amounts in the Operating Fund to be used to pay Operating
Expenses, shall be trust funds under the terms hereof and shall not be subject to any lien or
attachment by any creditor of the County or the Corporation. Such money shall be held in trust
and applied in accordance with the provisions of this Series Resolution and the Bond Order.
Until money deposited with the Trustee or any other Depositary hereunder is invested in
Investment Obligations, the amount of money in excess of the amount guaranteed by the Federal
Deposit Insurance Corporation or other federal agency shall be continuously secured, for the
benefit of the County and the Holders, either (a) by lodging with a bank or trust company chosen
by the Trustee as custodian or, if then permitted by law, by setting aside under control of the trust
department of the bank holding such deposit, as collateral security, Government Obligations or
other marketable securities eligible as security for the deposit of trust funds under regulations of
the Comptroller of the Currency of the United States or applicable State law or regulations,
having a market value (exclusive of accrued interest) not less than the amount of such deposit, or
(b) if the furnishing of security as provided in clause (a) above is not permitted by applicable
law, then in such other manner as may then be required or permitted by applicable State or
federal laws and regulations regarding the security for, or granting a preference in the case of, the
deposit of trust funds; provided, however, that it shall not be necessary for the Trustee to give
security for the deposit of any money with it for the payment of the principal of or the
redemption premium or the interest on any Series 2010 Bonds, or for the Trustee or any
Depositary to give security for any money that shall be represented by obligations purchased
under the provisions of this Article as an investment of such money.
All money deposited with the Trustee or any Depositary shall be credited to the particular
fund or account to which such money belongs.
Section 602. Investment of Money. Money held for the credit of all funds and accounts
created under this Series Resolution or the Bond Order shall be continuously invested and
reinvested by the Trustee in Investment Obligations to the extent practicable. Any such
Investment Obligations shall mature not later than the respective dates when the money held for
the credit of such funds or accounts will be required for the purposes intended. Notwithstanding
the foregoing, no Investment Obligations in any fund or account may mature beyond the latest
maturity date of any Series 2010 Bonds Outstanding at the time such Investment Obligations are
deposited. For the purposes of this Section, the maturity date of repurchase agreements is the
maturity date of such repurchase agreements and not the maturity date of the underlying
obligations.
The County or the Corporation may at any time give to the Trustee written directions
respecting the investment of any money required to be invested hereunder, subject, however, to
the provisions of this Article, and the Trustee shall then invest such money under this Section as
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so directed by the County or the Corporation. The Trustee may request, in writing, direction or
authorization of the County or the Corporation with respect to the proposed investment of money
under the provisions of this Series Resolution. Upon receipt of such request, accompanied by a
memorandum setting forth the details of any proposed investment, the County or the Corporation
will either approve such proposed investment or will give written directions to the Trustee
respecting the investment of such money and, in the case of such directions, the Trustee shall
then, subject to the provisions of this Article, invest such money in accordance with such
directions.
Investment Obligations acquired with money and credited to any fund or account
established under this Series Resolution or the Bond Order shall be held by or under the control
of the Trustee and while so held shall be deemed at all times to be part of such fund or account in
which such money was originally held, and the interest accruing thereon and any profit or loss
realized upon the disposition or maturity of such investment shall be credited to or charged
against such fund or account. The Trustee shall reduce to cash a sufficient amount of such
Investment Obligations whenever it shall be necessary so to do in order to provide moneys to
make any payment or transfer of moneys from any such fund or account. The Trustee shall not
be liable or responsible for any loss resulting from any such investment.
Whenever a payment or transfer of money between two or more of the funds or accounts
established pursuant to this Series Resolution or the Bond Order is permitted or required, such
payment or transfer may be made in whole or in part by transfer of one or more Investment
Obligations at a value determined in accordance with this ARTICLE VI, provided that the
Investment Obligations transferred are those in which moneys of the receiving fund or account
could be invested at the date of such transfer.
Section 603. Valuation. For the purpose of determining the amount on deposit to the
credit of any such fund or account, Investment Obligations in which money in any fund or
account is invested shall be valued (a) at cost if such Investment Obligations mature within six
months from the date of valuation thereof, and (b) if such Investment Obligations mature more
than six months after the date of valuation thereof, at the price at which such Investment
Obligations are redeemable by the holder at his option if so redeemable, or, if not so redeemable,
at the lesser of (i) the cost of such Investment Obligations minus the amortization of any
premium or plus the amortization of any discount thereon and (ii) the market value of such
Investment Obligations.
The Investment Obligations in such funds and accounts shall be valued at any time
requested by the County Representative or the Corporation Representative on reasonable notice
to the Trustee (which period of notice may be waived or reduced by the Trustee); provided,
however, that the Trustee shall not be required to value the Investment Obligations more than
once in any calendar month.
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ARTICLE VII.
EVENTS OF DEFAULT
Section 701. Events of Default. The events of default set forth in Section 701 of the
Bond Order shall each constitute an Event of Default under this Series Resolution, and the
Trustee shall have all rights and remedies hereunder as set forth in the Bond Order.
ARTICLE VIII.
THE TRUSTEE
Section 801. Acceptance of Duties by Trustee. The Trustee shall signify its acceptance
of the duties and obligations and the trusts imposed upon it by this Series Resolution and the
Bond Order by execution of the certificate of authentication on the Series 2010 Bonds.
ARTICLE IX.
SUPPLEMENTAL SERIES RESOLUTIONS
Section 901. Procedure for Adoption of Supplemental Series Resolutions. The
County may, from time to time and at any time, adopt such resolutions amending and
supplementing the provisions of this Series Resolution in the same manner as is provided in
Sections 1001 and 1002 of the Bond Order for the adoption of supplemental bond orders and the
provisions of said Sections 1001 and 1002 are hereby incorporated herein and made applicable
hereto in the same manner as if herein set forth. Any amendment to the provisions set forth in
Articles II and III, shall require the prior approval of the Local Government Commission.
Section 902. Exclusion of Series 2010 Bonds. Series 2010 Bonds owned or held by or
for the account of the County or the Corporation or any Affiliate shall not be deemed
Outstanding Bonds for the purpose of any consent or other action or any calculation of
Outstanding Bonds provided for in this Article, or Articles VII, VIII, X or XI of the Bond Order,
and neither of such parties as Holders of such Series 2010 Bonds shall be entitled to consent or
take any other action provided for in this Article, or Articles VII, VIII, X or XI of the Bond
Order. At the time of any consent or other action taken under this Article, or Articles VII, VIII,
X or XI of the Bond Order, the County or the Corporation shall furnish the Trustee a certificate
signed by a County Representative or a Corporation Representative, upon which the Trustee may
rely, describing all Series 2010 Bonds so to be excluded.
ARTICLE X.
DEFEASANCE
Section 1001. Cessation of Interest of Holders and Repeal of Series Resolution. If,
when (a) the Series 2010 Bonds shall have become due and payable in accordance with their
terms or shall have been duly called for redemption, or (b) irrevocable instructions to pay such
Series 2010 Bonds at their respective maturities or to call such Series 2010 Bonds for
redemption, shall have been given by the County to the Trustee, the whole amount of the
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principal and the interest and premium, if any, so due and payable upon all Series 2010 Bonds
shall be paid or if the Trustee shall hold sufficient money or noncallable Defeasance Obligations
the principal of and the interest on which, when due and payable, will provide sufficient money
to pay the principal of, and the interest and redemption premium, if any, on all Series 2010
Bonds then Outstanding to the maturity date or dates of such Series 2010 Bonds or to the date or
dates specified for the redemption thereof, (c) sufficient funds shall also have been provided or
provision made for paying all other obligations payable hereunder by the County, in connection
with a refunding as shown by a verification report of an Accountant as to the adequacy of the
escrow, which is delivered to the Trustee, and (d) an Opinion of Counsel is delivered to the
Trustee stating to the effect that the Series 2010 Bonds are deemed paid and no longer
Outstanding, then and in that case the right, title and interest of the Trustee hereunder and the
obligations of the County hereunder shall thereupon cease, and the County shall repeal this
Series Resolution and the Trustee, on demand of the County, shall distribute any surplus in any
and all balances remaining in all funds and accounts, other than money held for the redemption
or payment of Series 2010 Bonds. Otherwise, this Series Resolution shall be, continue and
remain in full force and effect; provided that, in the event Defeasance Obligations shall be
deposited with and held by the Trustee as hereinabove provided, (i) in addition to the
requirements set forth in Article III of this Series Resolution, the Trustee, within thirty (30) days
after such Defeasance Obligations shall have been deposited with it, shall cause a notice signed
by the Trustee to be mailed, postage prepaid, to all Holders setting forth (a) the date or dates, if
any, designated for the redemption of the Series 2010 Bonds, (b) a description of the Defeasance
Obligations so held by it, and (c) that this Series Resolution has been repealed in accordance
with the provisions of this Section, but failure to mail any such notice to any Holder shall not
affect the validity of the defeasance of the Series 2010 Bonds pursuant to this Section and (ii) (a)
the Trustee shall nevertheless retain such rights, powers and privileges under this Series
Resolution and the Bond Order as may be necessary and convenient in respect of the Series 2010
Bonds for the payment of the principal, interest and any premium for which such Defeasance
Obligations have been deposited and (b) the Trustee shall retain such rights, powers and
privileges under this Series Resolution and the Bond Order as may be necessary and convenient
for the registration, transfer and exchange of Series 2010 Bonds.
All money and Defeasance Obligations held by the Trustee pursuant to this Section shall
be held in trust and applied to the payment, when due, of the obligations payable therewith.
ARTICLE XI.
MISCELLANEOUS PROVISIONS
Section 1101. Manner of Giving Notice. All notices, demands and requests to be given
to or made hereunder by the County and the Trustee shall be given or made in writing and shall
be deemed to be properly given or made if sent by United States registered mail, return receipt
requested, postage prepaid, addressed as follows:
(A) As to the County --
County of New Hanover
230 Governmental Center Drive, Suite 165
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Wilmington, North Carolina 28403
Attention: Finance Director
(B) As to the Corporation --
New Hanover Regional Medical Center
2131 S. 17th Street
Wilmington, North Carolina 28401
Attention: Chief Financial Officer
(C) As to the Trustee—
U.S. Bank National Association
Hearst Tower
214 N. Tryon Street, 27 Floor
Charlotte, North Carolina 28202
Attention: Corporate Trust Department
(D) As to the Local Government Commission --
Local Government Commission of North Carolina
4505 Fair Meadow Lane, Suite 102
Raleigh, North Carolina 27607
Attention: Secretary
Any such notice, demand or request may also be transmitted to the appropriate above -
mentioned party by telegram, telecopy or telephone and shall be deemed to be properly given or
made at the time of such transmission if, and only if, such transmission of notice shall be
confirmed in writing and sent as specified above.
Any of such addresses may be changed at any time upon written notice of such change
sent by United States registered mail, postage prepaid, to the other parties by the party effecting
the change.
Section 1102. Trustee, County, Corporation and Holders Alone Have Rights Under
Series Resolution. Except as herein otherwise expressly provided, nothing in this Series
Resolution, express or implied, is intended or shall be construed to confer upon any person, firm
or corporation, other than the Trustee, the County, the Corporation and the Holders, any right,
remedy or claim, legal or equitable, under or by reason of this Series Resolution or any provision
hereof, this Series Resolution and all its provisions being intended to be and being for the sole
and exclusive benefit of the Trustee, the County, the Corporation and the Holders.
Section 1103. Effect of Partial Invalidity. In case any one or more of the provisions of
this Series Resolution or the Series 2010 Bonds shall for any reason be held to be illegal or
invalid, such illegality or invalidity shall not affect any other provisions of this Series Resolution
or the Series 2010 Bonds, but this Series Resolution and the Series 2010 Bonds shall be
construed and enforced as if such illegal or invalid provisions had not been contained therein. In
case any covenant, stipulation, obligation or agreement contained in the Series 2010 Bonds or
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this Series Resolution shall for any reason be held to be in violation of any law, then such
covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation,
obligation or agreement of the County to the full extent permitted by law.
Section 1104. Effect of Covenants. All covenants, stipulations, obligations and
agreements of the County contained in this Series Resolution shall be deemed to be covenants,
stipulations, obligations and agreements of the County to the full extent permitted by the
Constitution and laws of the State. This Series Resolution is adopted with the intent that the laws
of the State shall govern its construction.
Section 1105. Dealing in Series 2010 Bonds. The Trustee and any bank or trust
company acting as Depositary under this Series Resolution and its directors, officers, employees
or agents, and any officer, employee or agent of the Trustee, may in good faith, buy, sell, own,
hold and deal in any Series 2010 Bonds issued under the provisions of this Series Resolution and
may join in any action which any Holder may be entitled to take with like effects as if such
Trustee were not a trustee and such bank or trust company were not a Depositary under this
Series Resolution.
Section 1106. Approval of Purchase Agreement and Seventh Amendment to Lease
Agreement. The form, terms and provisions of the Purchase Agreement, relating to the Series
2010 Bonds and the Seventh Amendment to Lease Agreement, are hereby approved, and the
Chairman or Vice Chairman of the Board of the County and the County Manager are hereby
authorized and directed to execute and deliver the Purchase Agreement and the Seventh
Amendment to Lease Agreement in the forms presented at this meeting together with such
changes, modifications and additions as he, with the advice of counsel, may deem necessary and
appropriate; such execution shall be conclusive evidence of the authorization and approval
thereof by the County.
Section 1107. Ratification of Preliminary Official Statement and Approval of Official
Statement. The Chairman or Vice Chairman of the Board of the County and the County
Manager are hereby authorized and directed to execute and deliver the Official Statement, to be
dated as of the date of distribution thereof, relating to the Series 2010 Bonds, in the form
presented at this meeting together with such changes, modifications, and additions as he, with the
advice of counsel, may deem necessary and appropriate; such execution and delivery shall be
conclusive evidence of the approval and authorization in all respects by the County of the form
and content thereof. The County hereby ratifies the prior distribution of the Preliminary Official
Statement relating to the Series 2010 Bonds, authorizes and approves the execution and
distribution of the Official Statement and approves and consents to the use and distribution of
copies of such Official Statement, the Bond Order and this Series Resolution by the underwriters
in connection with the public offering of the Series 2010 Bonds.
Section 1108. Appointment of County Representative and Authorization for Other
Acts. (A) The Chairman and the Vice Chairman of the Board of the County, the County
Manager, the Finance Director and the County Attorney are hereby appointed County
Representatives with full power to carry out the duties set forth in the Bond Order and this Series
Resolution.
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(B) The members of the Board of the County and the agents and employees of the
County and the officers and agents of the Trustee are hereby authorized and directed to do all
acts and things required of them by the provisions of the Series 2010 Bonds, the Seventh
Amendment to Lease Agreement, the Bond Order and the Purchase Agreement for the full,
punctual and complete performance of the terms, covenants, provisions and agreements of the
same and also to do all acts and things required of them by the provisions of this Series
Resolution.
(C) The Chairman, the Vice Chairman and the Clerk to the Board of the County, and
the County Manager, the Finance Director and the County Attorney, or any of them, are further
authorized and directed (without limitation except as may be expressly set forth herein) to take
such action and to execute and deliver any such documents, deeds, certificates, undertakings,
agreements or other instruments as they, with the advice of counsel, may deem necessary or
appropriate to effect the transactions contemplated by the Series 2010 Bonds, the Seventh
Amendment to Lease Agreement, the Bond Order, this Series Resolution and the Purchase
Agreement.
Section 1109. No Recourse Against Commissioners, Directors, Officers or Employees
of County, Corporation or Local Government Commission. No recourse, under or upon any
statement, obligation, covenant or agreement contained in this Series Resolution, in any Series
2010 Bond hereby secured or in any document or certification whatsoever, or under any
judgment obtained against the County, the Corporation or the Local Government Commission, or
by the enforcement of any assessment, or by any legal or equitable proceeding by virtue of any
constitution or statute or otherwise, or under any circumstances, shall be had against any
commissioner, director, officer or employee, as such, of the County, the Corporation or the Local
Government Commission, either directly or through the County, the Corporation, the Local
Government Commission, or otherwise, for the payment, for or to the County or the Corporation,
or any receiver of the County or the Corporation, or for or to any Holder, or otherwise, of any
sum that may be due and unpaid upon any such Series 2010 Bond. Any and all personal liability
of every nature, whether at common law or in equity or by statute or by constitution or
otherwise, of any such commissioner, director, officer or employee, as such, to respond, by
reason of any act or omission on his or her part or otherwise, for the payment, for or to the
County, the Corporation, the Local Government Commission, or any receiver of the County, the
Corporation or the Local Government Commission, or for or to any Holder, or otherwise, of any
sum that may remain due and unpaid upon the Series 2010 Bonds hereby secured or any of them,
is hereby expressly waived and released as an express condition of, and in consideration for, the
adoption of this Series Resolution and the issuance of the Series 2010 Bonds.
Section 1110. Headings. Any heading preceding the text of the several articles hereof,
and any table of contents or marginal notes appended to copies hereof, shall be solely for
convenience of reference and shall not constitute a part of this Series Resolution, nor shall they
affect its meaning, construction or effect.
Section 1111. Continuing Disclosure. The County covenants and agrees that in the
event of the termination of the Lease it shall impose upon any successor lessee of the Existing
Facilities or the Health Care System the same obligations, or if the County shall operate the
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Existing Facilities or the Health Care System, the County shall assume and perform the same
obligations, imposed upon the Corporation under the Lease.
If the County fails to comply with the undertaking described above, the Trustee or any
beneficial owner of the Series 2010 Bonds then Outstanding may take action to protect and
enforce the rights of beneficial owners with respect to such undertaking, including an action for
specific performance; provided, however, that failure to comply with such undertaking shall not
be an Event of Default and shall not result in any acceleration of payment of the Series 2010
Bonds.
Section 1112. Arbitrage. The County agrees that money on deposit in any fund or
account maintained in connection with the Series 2010 Bonds, whether or not such money was
derived from the proceeds of the sale of the Series 2010 Bonds or from any other sources, and
whether or not the Series 2010 Bonds are Outstanding hereunder, (i) will not be used in a manner
that would cause the Series 2010 Bonds to be "arbitrage bonds" within the meaning of Section
148 of the Code and applicable regulations thereunder and (ii) will be used in a manner that will
cause the Series 2010 Bonds not to be "arbitrage bonds" within the meaning of Section 148 of
the Code and applicable regulations thereunder. The County shall observe and not violate the
requirements of Section 148 of said Code and any such applicable regulations. In the event the
County is of the opinion that it is necessary to restrict or limit the yield on the investment of
money held by the Trustee pursuant to this Series Resolution, or to use such money in certain
manners, in order to avoid the Series 2010 Bonds being considered "arbitrage bonds" within the
meaning of Section 148 of the Code and the regulations thereunder as such may be applicable to
the Series 2010 Bonds at such time, the County may issue to the Trustee a written certificate to
such effect and appropriate instructions, in which event the Trustee shall take such action as is
necessary to restrict or limit the yield on such investment or to use such money in accordance
with such certificate and instructions, irrespective of whether the Trustee shares such opinion.
Section 1113. Tax Covenant. The County covenants that it will not take any action, or
fail to take any action, if any such action or failure to take action would adversely affect the
exclusion of interest paid on the Series 2010 Bonds from gross income of the owners thereof for
federal income tax purposes; provided, however, that the County shall have no obligation to pay
any amounts necessary to comply with this covenant other than from Net Revenues or money
received by the County from the Corporation.
Section 1114. Notice to Local Government Commission and Rating Agencies. The
Local Government Commission and each Rating Agency then rating the Series 2010 Bonds shall
receive notice from the Trustee of the following events: any change in the Trustee; any material
change in the Bond Order or this Series Resolution; any acceleration of the Series 2010 Bonds;
and any redemption or defeasance of the Series 2010 Bonds.
Section 1115. Provisions Relating to Local Government Commission. The provisions
contained herein relating to any notice to, approval of or other action by the Local Government
Commission may not be amended, modified or supplemented without the prior written consent
of the Local Government Commission. Any such reference in this Series Resolution to the Local
Government Commission shall include, in each case, any authorized representative of the Local
Government Commission.
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Section 1116. Series Resolution Effective. This Series Resolution shall take effect
immediately upon its adoption.
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Exhibit A
[Form of Series 2010 Bonds]
United States of America
State of North Carolina
County of New Hanover, North Carolina
Hospital Revenue Refunding Bond
(New Hanover Regional Medical Center) Series 2010
R- $
Interest Rate Maturity Date Dated of Ori i nal CUSIP
Issuance
PRINCIPAL SUM:
REGISTERED OWNER: CEDE & CO.
The County of New Hanover (the "County "), a political subdivision of the State of North
Carolina, for value received, hereby promises to pay, solely from the sources and in the manner
hereinafter provided, to the registered owner identified above, or registered assigns, on the
maturity date set forth above (or earlier as hereinafter referred to), upon the presentation and
surrender hereof at the principal corporate trust office of U.S. Bank National Association, in
Raleigh, North Carolina as Paying Agent (the "Paying Agent ") under the Bond Order and the
Series Resolution (both as hereinafter defined), the principal sum set forth above. The County
also promises to pay, but solely from the sources hereinafter provided, interest on this bond
(calculated on the basis of a 360-day year consisting of twelve 30-day months) from the interest
payment date next preceding the date on which it is authenticated, unless it is authenticated on an
interest payment date, in which event it shall bear interest from such interest payment date, or it
is authenticated prior to April 1, 2011, in which event it shall bear interest from its date, payable
on April 1 and October 1 of each year, beginning April 1, 2011, at the rate per annum set forth
above until the principal sum hereof is paid.
Capitalized terms not defined herein shall have the meanings set forth in the Bond Order
adopted by the Board of Commissioners of the County (the "Board ") on October 6, 1993, as
amended by the First Supplemental Bond Order adopted by the Board on January 5, 1999 and
the Second Supplemental Bond Order adopted by the Board on December 7, 2005 (collectively,
the "Bond Order ") and the Series Resolution adopted by the Board on November 15, 2010 (the
"Series Resolution "). Reference is made to the Bond Order and the Series Resolution for a more
complete statement of the provisions thereof and of the rights of the County, the Corporation, the
Trustee and the registered owners of the Series 2010 Bonds. Copies of the Bond Order and the
Series Resolution are on file and may be inspected at the principal corporate trust office of the
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Trustee. By the purchase and acceptance of this Bond the registered owner hereof signifies
assent to all of the provisions of the Bond Order and the Series Resolution.
This Bond is a special obligation of the County under the Act. This Bond is secured by a
pledge of, and the principal of, the premium, if any, and interest on this Bond are payable solely
from the Net Revenues and the County's right to receive Net Revenues. This Bond is also
secured by the money and securities in the funds and accounts held by the Trustee under the
Series Resolution, and the income from the temporary investment thereof. This Bond does not
constitute a debt of the County for which the faith and credit and taxing power of the County are
pledged, and the issuance of this Bond will not directly or indirectly or contingently obligate the
County to levy any tax or pledge any form of taxation for the payment hereof.
This Bond is one of a duly authorized series of hospital revenue bonds of the County,
designated "County of New Hanover, North Carolina Hospital Revenue Refunding Bonds (New
Hanover Regional Medical Center) Series 2010" (the "Series 2010 Bonds "), issued pursuant to
the Act, the Bond Order and the Series Resolution for the purpose of providing funds, together
with other available funds, to currently refund all of the outstanding Series 1999 Bonds and pay
certain expenses of issuing the Series 2010 Bonds. In addition to the Series 2010 Bonds, the
County has heretofore issued under the Bond Order (a) $79,070,000 Hospital Revenue
Refunding Bonds (New Hanover Regional Medical Center) Series 2005, $65,240,000 of which
are currently outstanding, (b) $120,000,000 Variable Rate Hospital Revenue Bonds (New
Hanover Regional Medical Center Project) Series 2006, all of which are currently outstanding,
and (b) $40,000,000 Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical
Center Project) Series 2008, $38,590,000 of which are currently outstanding.
The Series 2010 Bonds shall be issuable as registered bonds in Authorized
Denominations. The Series 2010 Bonds will be dated as of the Date of Original Issuance.
This Bond is registered on the Bond Register and may be transferred by the registered
owner hereof at the written request of such registered owner in person or by his duly authorized
attorney, but only in the manner, subject to the limitations and upon the payment of the charges
provided in the Series Resolution and upon surrender and cancellation of this Bond. Upon such
transfer, a new fully registered bond or bonds, without coupons, of the same maturity and of
authorized denominations for the same aggregate principal amount, will be issued to the
transferee in exchange therefor.
The County, the Trustee and any Paying Agent may treat the registered owner of any
Series 2010 Bond as the absolute owner thereof for all purposes, whether or not such Series 2010
Bond shall be overdue, and shall not be bound by any notice to the contrary. All payments of or
on account of the principal of and premium, if any, and interest on any such Bond as herein
provided shall be made only to or upon the written order of the registered owner thereof or his
legal representative, but such registration may be changed as herein provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2010
Bond to the extent of the sum or sums so paid.
The County, the Trustee and any Paying Agent shall not be required to register the
transfer or exchange of any Series 2010 Bond (i) after notice calling such Series 2010 Bond or
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portion thereof for redemption has been mailed or (ii) during the fifteen day period next
preceding the mailing of a notice of redemption of the Series 2010 Bonds of the same Series, if
any, and maturity.
The principal of, premium, if any, and interest on and the Redemption Price of the Series
2010 Bonds shall be payable in currency of the United States of America which, at the respective
dates of payment thereof, is legal tender for the payment of public and private debts.
The principal or Redemption Price of the Series 2010 Bonds shall be payable by check in
lawful money of the United States of America upon presentation at the Principal Office of the
Paying Agent to the Holders of the Series 2010 Bonds on such date. Interest on the Series 2010
Bonds shall be paid to the Person whose name appears on the Bond Register as the Holder
thereof as of the close of business on the Record Date for each Interest Payment Date. Payment
of the interest on the Series 2010 Bonds shall be made by check mailed by first class mail to such
Holder at its address as it appears on such registration books, or, upon the written request of any
Holder of at least $1,000,000 in aggregate principal amount of the Series 2010 Bonds, submitted
to the Trustee at least five Business Days prior to the Record Date, by wire transfer in
immediately available funds to an account within the United States of America designated by
such Holder.
The Series 2010 Bonds are being issued by means of a book -entry system with no
physical distribution of bond certificates to be made except as provided in the Series Resolution.
One bond certificate with respect to each date on which the Series 2010 Bonds are stated to
mature, in the aggregate principal amount of the Series 2010 Bonds stated to mature on such date
and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New
York, New York ( "DTC "), is being issued and required to be deposited with DTC and
immobilized in its custody. The book -entry system will evidence ownership of the Series 2010
Bonds in the principal amount of $5,000 or any whole multiple thereof, with transfers of
ownership effected on the records of DTC and its participants pursuant to rules and procedures
established by DTC and its participants. Transfer of principal, interest and any redemption
premium payments to beneficial owners of the Series 2010 Bonds by participants of DTC will be
the responsibility of such participants and other nominees of such beneficial owners. The
County will not be responsible or liable for such transfers of payments or for maintaining,
supervising or reviewing the records maintained by DTC, its participants or persons acting
through such participants. While Cede & Co. is the registered owner of this Bond,
notwithstanding the provisions hereinabove contained, payments of principal of or redemption
premium, if any, and interest on this Bond shall be made in accordance with the existing
arrangements between the Trustee and DTC.
Defaulted Interest. Defaulted Interest with respect to any Series 2010 Bond shall cease to
be payable to the holder of such Series 2010 Bond on the relevant Record Date and shall be
payable to the holder in whose name such Series 2010 Bond is registered at the close of business
of the Trustee on the Special Record Date for the payment of such Defaulted Interest, which
shall be fixed as provided in the Series Resolution.
Extraordinary Redemption. The Series 2010 Bonds are subject to redemption by the
County at the direction of the Corporation in whole or in part on any date at a Redemption Price
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equal to 100% of the principal amount thereof, without premium, plus accrued interest to the
Redemption Date, from Net Proceeds resulting from insurance carried or maintained with respect
to the Health Care System as required by the Bond Order, and Net Proceeds resulting from
Eminent Domain proceedings, pursuant to the Bond Order, to the extent such Net Proceeds
exceed 10% of Net Book Value. The Series 2010 Bonds are also subject to mandatory
redemption in whole only on any date from money deposited by the Corporation in the
Redemption Fund at a Redemption Price equal to 100% of the principal amount thereof, without
premium, plus accrued interest to the Redemption Date in the event that, by reason of any change
in any federal or State law or of any legislative, administrative or judicial action or
administrative failure of action, (i) the Lease becomes unenforceable or impossible to perform
without unreasonable delay or (ii) unreasonable burdens or excessive liabilities are imposed on
the County or the Corporation, including, without limitation, the imposition of federal, state or
other ad valorem property, income or other taxes not being imposed on the date of the Lease.
Optional Redemption. The Series 2010 Bonds maturing on or after October 1, will be
subject to redemption by the County, at the direction of the Corporation, in whole or in part on
any date on or after October 1, , at a Redemption Price equal to 100% of the principal amount
of the Series 2010 Bonds to be redeemed, together with interest accrued thereon to the
Redemption Date, all in the manner provided in the Bond Order and the Series Resolution.
Mandatory Sinking Fund Redemption. The Series 2010 Bonds shall be redeemed
pursuant to mandatory sinking fund redemption on the first Business Day of October in the
following years and amounts at a Redemption Price equal to 100% of the principal amount of
such Series 2010 Bonds to be redeemed, plus accrued interest to the Redemption Date:
Principal Principal
Year Amount Year Amount
The amounts referred to above shall be reduced (i) by the amount of Series 2010 Bonds
acquired and delivered in accordance with the Series Resolution in satisfaction of such Sinking
Fund Account requirements and (ii) in connection with a partial redemption of Series 2010
Bonds if the Corporation elects to reduce mandatory Sinking Fund Account redemptions for the
Series 2010 Bonds in the manner provided in the Series Resolution. Payment or redemption of
the Series 2010 Bonds through the Sinking Fund Account shall be without premium. The Series
2010 Bonds shall be redeemed by the Trustee pursuant to the provisions of this paragraph
without any notice from or direction by the County or the Corporation.
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Purchase in Lieu of Redemption. In lieu of redeeming Series 2010 Bonds, the Trustee
may, at the request of the County, upon the direction of the Corporation, use such funds
otherwise available hereunder for redemption of Series 2010 Bonds to purchase Series 2010
Bonds identified by the County, upon the direction of the Corporation, in the open market for
cancellation at a price specified by the County, upon the direction of the Corporation, not
exceeding the Redemption Price then applicable hereunder. In the case of any optional or
extraordinary redemption or any purchase and cancellation of term Series 2010 Bonds, the
Trustee shall apply as a credit against the required Sinking Fund Account deposits with respect
to such term bonds the amount of such term bonds in such order as the County, upon the
direction of the Corporation, elects in writing prior to such optional or extraordinary redemption
or purchase and cancellation or, if no election is made, in the inverse order thereof. The Trustee
shall cancel all such Series 2010 Bonds purchased pursuant to this paragraph.
General Redemption Provisions. Not less than 30 days but not more than 60 days before
the redemption date of any Series 2010 Bonds, whether such redemption be in whole or in part,
the Trustee shall cause a notice of any redemption signed by the Trustee to be mailed, postage
prepaid, to all Holders owning Series 2010 Bonds to be redeemed in whole or in part provided
that notice to the Securities Depository shall be sent in accordance with the Securities
Depository's policies and procedures. Failure to mail any such notice to any Holder or any
defect in any notice so mailed shall not affect the validity of the proceedings for the redemption
of the Series 2010 Bonds of any other Holders to whom notice was properly given. Each such
notice shall set forth: the CUSIP numbers and bond certificate numbers of the Series 2010 Bonds
to be redeemed, the interest rate of the Series 2010 Bonds to be redeemed, the Date of Original
Issuance of the Series 2010 Bonds to be redeemed, the Redemption Date, the Redemption Price
to be paid, the maturities of the Series 2010 Bonds to be redeemed and, in the case of Series
2010 Bonds to be redeemed in part only, the portion of the principal amount thereof to be
redeemed, the address and telephone number of the Trustee, the date of the redemption notice,
and that on the Redemption Date the Series 2010 Bonds called for redemption will be payable at
the principal corporate trust office of the Trustee, that from that date interest will cease to accrue
and be payable and that no representation is made as to the accuracy or correctness of the CUSIP
numbers printed therein or on the Series 2010 Bonds. If any Series 2010 Bond is to be redeemed
in part only, the notice of redemption shall state also that on or after the Redemption Date, upon
surrender of such Series 2010 Bond, a new Series 2010 Bond in principal amount equal to the
unredeemed portion of such Series 2010 Bond will be issued.
Any notice of redemption, except a notice of redemption in respect of a mandatory
sinking fund redemption, at the direction of the Corporation, may state that the redemption to be
effected is conditioned upon the receipt by the Trustee on or prior to the Redemption Date of
moneys sufficient to pay the principal of and premium, if any, and interest on the Series 2010
Bonds or portions thereof to be redeemed, and if such moneys are not so received, such notice
shall be of no force or effect and such Series 2010 Bonds shall not be required to be redeemed.
In the event that such notice contains such a condition and moneys sufficient to pay the principal
of and premium, if any, and interest on such Series 2010 Bonds are not received by the Trustee
on or prior to the Redemption Date, the redemption shall not be made, and the Trustee shall
within a reasonable time thereafter give notice, in the manner in which the notice of redemption
was given, that such moneys were not so received.
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The Series 2010 Bonds shall be redeemed only in Authorized Denominations. If less
than all the Series 2010 Bonds are called for redemption, the Series 2010 Bonds of each maturity
to be so redeemed shall be called for redemption in the manner set forth in a certificate of the
Corporation filed with the Trustee. If less than all of the Series 2010 Bonds of any one maturity
are to be called for redemption, the Trustee shall select the Series 2010 Bonds of each such
maturity to be redeemed by lot, each $5,000 portion of principal being counted as one Series
2010 Bond for this purpose; provided, however, that so long as the only Owner of the Series
2010 Bonds is a Securities Depository Nominee, such selection shall be made by the Securities
Depository by lot in accordance with its operating rules and procedures.
No redemption of less than all of the Series 2010 Bonds of a series at the time
outstanding shall be made pursuant to the Series Resolution unless (i) the aggregate principal
amount of such Series 2010 Bonds to be redeemed is equal to or greater than $100,000 and (ii)
the Series 2010 Bonds are redeemed in Authorized Denominations.
If less than all of a Series 2010 Bond is selected for redemption, the Owner thereof shall
present and surrender such Series 2010 Bond to the Trustee for payment of the principal amount
thereof so called for redemption, and the redemption premium, if any, on such principal amount,
and the County shall, if necessary, execute and the Trustee shall authenticate and deliver to or
upon the order of such Owner, without charge, for the unredeemed portion of the principal
amount of the Series 2010 Bond so surrendered, a new Series 2010 Bond of the same maturity
and designation, bearing interest at the same rate of any Authorized Denominations.
Series 2010 Bonds presented and surrendered in accordance with the provisions hereof
shall be canceled upon the surrender thereof.
On or before the date upon which Series 2010 Bonds are to be redeemed, the County
shall deposit, or cause to be deposited, with the Trustee money or Defeasance Obligations, or a
combination of both, that will be sufficient to pay on the Redemption Date the Redemption Price
of, and interest accruing on, the Series 2010 Bonds or portions thereof to be redeemed on such
Redemption Date.
On the Redemption Date, notice having been given in the manner and under the
conditions hereinabove provided, the Series 2010 Bonds or portions thereof called for
redemption shall be due and payable at the Redemption Price provided therefor, plus accrued
interest to such date (except in the case of a conditional redemption authorized by the Series
Resolution if moneys are not so available), and if moneys sufficient to pay the Redemption Price
of the Series 2010 Bonds or portions thereof to be redeemed plus accrued interest thereon to the
Redemption Date are held by the Trustee in trust for the owners of the Series 2010 Bonds or
portions thereof to be redeemed, interest on the Series 2010 Bonds or portions thereof called for
redemption shall cease to accrue on such Redemption Date; such Series 2010 Bonds or portions
thereof shall cease to be entitled to any benefits or security under the Bond Order or the Series
Resolution or to be deemed Outstanding; and the owners of such Series 2010 Bonds or portions
thereof shall have no rights in respect thereof except to receive payment of the Redemption Price
thereof, plus accrued interest to the Redemption Date.
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The Bond Order provides for the issuance from time to time under the conditions,
limitations and restrictions therein set forth of additional Indebtedness, including Indebtedness
secured ari assu with the Series 2010 Bonds and all other Outstanding Bonds issued under the
Bond Order as to the pledge, charge and lien upon the Net Revenues.
The registered owner of this Bond shall have no right to enforce the provisions of the
Bond Order or the Series Resolution, or to institute action to enforce the covenants therein, or to
take any action with respect to any event of default under the Bond Order or the Series
Resolution, or to institute, appear in or defend any suit or other proceeding with respect thereto,
except as provided in the Bond Order or the Series Resolution; provided, however, that any
registered owner may institute action to enforce the payment of the principal of or the interest on
this Bond.
Upon the occurrence of certain events, and on the conditions, in the manner and with the
effect set forth in the Bond Order, the principal of all Series 2010 Bonds then Outstanding under
the Bond Order may become or may be declared due and payable before the respective stated
maturities thereof, together with the interest accrued thereon.
Modifications or alterations of the Bond Order or any bond order supplemental thereto, or
the Series Resolution or any series resolution supplemental thereto, may be made only to the
extent and in the circumstances permitted by the Bond Order and the Series Resolution.
This Bond, notwithstanding the provisions for registration of transfer stated herein and
contained in the Bond Order and the Series Resolution, at all times shall be and shall be
understood to be an investment security within the meaning of and for all the purposes of Article
8 of the Uniform Commercial Code of North Carolina. This Bond is issued with the intent that
the laws of the State of North Carolina shall govern its construction.
All acts, conditions and things required to happen, exist and be performed precedent to
and in the issuance of this Bond and the adoption of the Bond Order and the Series Resolution
have happened, exist and have been performed as so required.
Neither the members or officers of the County nor any person executing this Bond is
liable personally hereon or subject to any personal liability or accountability by reason of the
issuance thereof
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Bond Order or the Series Resolution until it shall have been
authenticated by the execution by the Trustee of the certificate of authentication endorsed
hereon.
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IN WITNESS WHEREOF, the County of New Hanover has caused this Bond to be executed
by the manual signatures of the Chairman of its Board of Commissioners and the Clerk to said
Board and its official seal to be impressed hereon all as of the day of November, 2010.
COUNTY OF NEW HANOVER, NORTH CAROLINA
Chairman of the Board of Commissioners
Clerk to the Board of Commissioners
(SEAL)
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CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This Bond is one of the Series 2010 Bonds designated and described in the provisions of
the within - mentioned Bond Order and Series Resolution.
U.S. BANK NATIONAL AS SOCIATION, Trustee
Authorized Signatory
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CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within - mentioned Series 2010 Bond has been approved under the
provisions of The State and Local Government Revenue Bond Act of North Carolina, as
amended.
LOCAL GOVERNMENT COMMISSION OF NORTH
CAROLINA
Secretary
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[Form of Assignment]
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
[Please Print or Typewrite Name and Address of Transferee] the within - mentioned Bond
and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within - mentioned
Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature on the Assignment must correspond with the name as it appears upon the
face of the within - mentioned Bond in every particular, without alteration or enlargement or any
change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an institution that is a participant in the Securities
Transfer Medallion Program (STAMP) or a similar program.
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D &L Draft 42
October 20, 2010
SEVENTH AMENDMENT TO LEASE AGREEMENT
By and Between
COUNTY OF NEW HANOVER, NORTH CAROLINA
and
NEW HANOVER REGIONAL MEDICAL CENTER
Dated as of November 1, 2010
NYC 719505.2 Board of Commissioners Meeting
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SEVENTH AMENDMENT TO LEASE AGREEMENT
THIS SEVENTH AMENDMENT TO LEASE AGREEMENT, dated as of November
1, 2010 (this "Amendment "), is made by and between the COUNTY OF NEW HANOVER,
NORTH CAROLINA, a political subdivision of the State of North Carolina (the "County "),
and NEW HANOVER REGIONAL MEDICAL CENTER, a nonprofit corporation organized
and existing under the General Statutes of North Carolina (the "Corporation "), and amends the
Lease Agreement dated as of October 1, 1993, by and between the County and the Corporation,
as previously amended by the First Amendment to Lease Agreement dated as of June 15, 1996,
the Second Amendment to Lease Agreement dated as of February 15, 1999, the Third
Amendment to Lease Agreement dated as of December 1, 2005, the Fourth Amendment to Lease
Agreement dated as of September 1, 2006, the Fifth Amendment to Lease Agreement dated as of
October 1, 2008 and a Sixth Amendment to Lease Agreement dated as of June 1, 2009 (as so
amended, the "Lease ").
WITNESSETH:
WHEREAS, the County proposes to issue its Hospital Revenue Refunding Bonds (New
Hanover Regional Medical Center) Series 2010 (the "Series 2010 Bonds ") to currently refund
the County's outstanding Hospital Revenue Bonds (New Hanover Regional Medical Center
Project) Series 1999 (the "Series 1999 Bonds "); and
WHEREAS, under The State and Local Government Revenue Bond Act, Article 5, as
amended, of Chapter 159 of the General Statutes of North Carolina (the "Act "), the County is
authorized and empowered to issue revenue bonds for such purposes; and
WHEREAS, the County adopted a Bond Order on October 6, 1993 authorizing the
issuance of hospital revenue bonds, which was amended by a First Supplemental Bond Order
adopted by the County on February 5, 1999, and a Second Supplemental Bond Order adopted by
the County on December 7, 2005 (as so amended, the "Bond Order "); and
WHEREAS, the County has determined that it is consistent with the purposes of the Act
and in the public interest (a) to issue the Series 2010 Bonds pursuant to the Bond Order and a
Series Resolution adopted by the County on November 15, 2010, for the purposes stated above
and (b) to enter into this Amendment; and
WHEREAS, the execution and delivery of this Amendment have been duly authorized by
the County and the Corporation; and
WHEREAS, all acts, notices and things required by the constitution and laws of the State
and the Bylaws of the Corporation to happen, exist and be performed precedent to and in the
execution and delivery of this Amendment have happened, exist and have been performed as so
required, in order to make this Amendment a valid and binding agreement in accordance with its
terms; and
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WHEREAS, each of the parties hereto represents that it is fully authorized to enter into
and perform and fulfill the obligations imposed upon it under this Amendment and the Lease,
and the parties are now prepared to execute and deliver this Amendment;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration paid by each of the parties to the other, the
receipt of which is hereby acknowledged, the County and the Corporation hereby agree as
follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless elsewhere defined in this Amendment, all capitalized
terms used in this Amendment shall have the meanings ascribed thereto in the Lease. The
following terms shall have the following meanings herein and in the Lease as amended hereby:
"Series 2010 Bonds " means the Bonds so designated by and issued under the
Bond Order and the Series 2010 Resolution.
"Series 2010 Resolution " means the Series Resolution adopted by the Board of
Commissioners of the County on November 15, 2010.
ARTICLE II
REPRESENTATIONS
Section 2.01. Representations by the County. The County represents that it has the
power to enter into the transactions contemplated by this Amendment and to carry out its
obligations hereunder; and that by proper action of its Board of Commissioners, the County has
been duly authorized to execute and deliver this Amendment. The County further represents that
it proposes to issue the Series 2010 Bonds that will mature, bear interest, be redeemable and have
the other terms and provisions set forth in the Bond Order and the Series 2010 Resolution.
Section 2.02. Representations by the Corporation. The Corporation represents that it is
a nonsectarian, nonprofit corporation, no part of the net earnings of which inures to the benefit of
any private member or individual; that it has authority to lease the Existing Facilities and operate
the Health Care System, and, by proper corporate action, has been duly authorized to execute and
deliver this Amendment; and that the execution and delivery of this Amendment, its
consummation of the transactions contemplated hereby and fulfillment of or compliance with the
terms and conditions of this Amendment, do not conflict with or result in a breach of any of the
terms, conditions or provisions of any corporate restriction, or any agreement or instrument to
which the Corporation is now a party or by which it is bound, and do not constitute a default
under any of the foregoing, or result in the creation or imposition of any lien or encumbrance of
any nature whatsoever upon any of the property or assets of the Corporation under the terms of
any instrument or agreement (other than this Amendment and the Bond Order).
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ARTICLE III
AMENDMENTS To LEASE
Section 3.01. Addition of Section 4.39 of the Lease. Article IV of the Lease is hereby
amended by adding the following Section 4.39:
Section 4.39. Secondary Market Disclosure. The Corporation agrees, for the
benefit of the beneficial owners of the Series 2010 Bonds to provide to the MSRB:
(a) by not later than seven months after the end of each Fiscal Year of the
Corporation, beginning with the Fiscal Year ending September 30, 2010 with respect to
the Series 2010 Bonds, the audited financial statements of the Corporation for such Fiscal
Year, if available, prepared in accordance with Section 159 -39 of the General Statutes of
North Carolina, as amended from time to time, or with any successor statute; or if such
audited financial statements are not available by seven months after the end of such
Fiscal Year, the unaudited financial statements of the Corporation for such Fiscal Year to
be replaced subsequently by the audited financial statements of the Corporation 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 September 30, 2010 with respect to the Series 2010 Bonds,
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 following headings in
Appendix A to the Official Statement dated the date of distribution thereof relating to the
Series 2010 Bonds, to the extent such items are not included in the financial statements
referred to in (a) above:
(1) "Facilities and Services" (tables relating to the New Hanover
Regional Medical Center therein);
(2) "Medical Staff';
(3) "Utilization Statistics ";
(4) "Historical Pro Forma Long -Term Debt Service Coverage Ratio ";
(5) "Third -Party Reimbursement and Sources of Payment "; and
(c) in a timely manner, notice of any of the following events with respect to
the Series 2010 Bonds, if material:
(1) principal and interest payment delinquencies;
(2) non - payment related defaults;
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(3) unscheduled draws on any 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 or events affecting the tax - exempt status of
the Series 2010 Bonds;
(7) modification to the rights of the beneficial owners of the Series
2010 Bonds;
(8) call of any of the Series 2010 Bonds for redemption, other than
mandatory sinking fund redemption;
(9) defeasances of any of the Series 2010 Bonds;
(10) release, substitution or sale of any property securing repayment of
the Series 2010 Bonds; and
(11) rating changes; and
(d) in a timely manner, notice of a failure of the Corporation to provide
required annual financial information described in (a) or (b) above on or before the date
specified.
The Corporation shall provide the documents referred to above to the MSRB in an
electronic format as prescribed by the MSRB and accompanied by identifying information as
prescribed by the MSRB. The Corporation may discharge its undertaking described above by
transmitting the documents referred to above to any entity and by any method authorized or
required by the U.S. Securities and Exchange Commission.
If the Corporation fails to comply with the undertakings described above, the Trustee or
any beneficial owner of the Series 2010 Bonds then outstanding may take action to protect and
enforce the rights of all beneficial owners with respect to such undertakings, including an action
for specific performance; provided, however, that failure to comply with such undertakings shall
not be an Event of Default under the Lease, the Bond Order or the Series 2010 Resolution and
shall not result in any acceleration of payment of the Series 2010 Bonds. All actions shall be
instituted, had and maintained in the manner provided in this paragraph for the benefit of all
beneficial owners of the Series 2010 Bonds then outstanding.
The Corporation reserves the right to modify from time to time the information to be
provided to the extent necessary or appropriate in the judgment of the Corporation, provided
that:
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(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, composition, nature or status of the Corporation;
(b) the information to be provided, as modified, would have complied with
the requirements of Rule 15c2 -12 issued under the Securities Exchange Act of 1934
( "Rule 15c2 -12 ") as of the date of the Official Statement with respect to the Series 2010
Bonds after taking into account any amendments or interpretations of Rule 15c2 -12, as
well as any changes in circumstances; and
(c) any such modification does not materially impair the interests of the
beneficial owners of the Series 2010 Bonds as determined either by parties unaffiliated
with the Corporation (such as bond counsel), or by the approving vote of the registered
owners of a majority in principal amount of the Series 2010 Bonds then Outstanding
pursuant to the terms of the Bond Order and the Series 2010 Resolution as they may be
amended from time to time.
Any annual financial information containing the modified operating data or financial
information is required to explain, in narrative form, the reasons for the amendments and the
impact of the change in the type of operating data or financial information being provided.
The undertaking described in this Section will terminate upon payment, or provision
having been made for payment in a manner consistent with Rule 15c2 -12, in full of the principal
of and interest on all of the Series 2010 Bonds.
ARTICLE IV
MISCELLANEOUS
Section 4.01. Multiple Counterparts. This Amendment may be executed in multiple
counterparts, each of which shall be regarded for all purposes as an original, constituting but one
and the same instrument.
Section 4.02. S'everability. If any one or more of the covenants, agreements or
provisions of this Amendment shall be determined by a court of competent jurisdiction to be
invalid, the invalidity of such covenants, agreements and provisions shall in no way affect the
validity or effectiveness of the remainder of this Amendment or the Lease, as amended hereby,
and this Amendment and the Lease, as amended hereby, shall continue in force to the fullest
extent permitted by law.
Section 4.03. Recordation of Amendment. The Corporation covenants that it will cause
this Amendment to be recorded and filed in the office of the New Hanover County Register of
Deeds.
Section 4.04. State Law Controlling. This Amendment shall be construed and enforced
in accordance with the laws of the State of North Carolina.
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Section 4.05. Effective Date of This Amendment. Notwithstanding that this
Amendment is dated as of November 1, 2010, this Amendment shall take effect when it is fully
executed and has been delivered to the parties hereto contemporaneously with the delivery of and
payment for the Series 2010 Bonds. No obligation shall be imposed on the Corporation prior to
the effective date of this Amendment.
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IN WITNESS WHEREOF, the County has caused these presents to be signed in its name
and on its behalf by the Chairman of its Board of Commissioners and its official seal to be
hereunto affixed and attested by the Clerk to said Board, thereunto duly authorized; and the
Corporation has caused these presents to be signed in its name and on its behalf by its President
and its corporate seal to be hereunto affixed and attested by its Secretary, all as of the day of
November, 2010.
[SEAL]
Attest:
Clerk to the Board of Commissioners
[SEAL]
Attest:
COUNTY OF NEW HANOVER, NORTH
CAROLINA
Chairman of the Board of
Commissioners
NEW HANOVER REGIONAL MEDICAL
CENTER
0
President and Chief Executive Officer
Secretary
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ACKNOWLEDGMENT OF EXECUTION ON BEHALF OF THE COUNTY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of New Hanover County and State of
North Carolina, do hereby certify that Jason R. Thompson and Sheila L. Schult ( "Signatories "),
personally came before me this day and acknowledged that they are the Chairman of the Board
of Commissioners and Clerk to the Board of Commissioners, respectively, of the County of New
Hanover, North Carolina, and that they, as Chairman of the Board of Commissioners and Clerk
to the Board of Commissioners, respectively, being authorized to do so, executed the foregoing
instrument on behalf of the limited liability company.
I certify that the Signatories personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatories); or
(I have seen satisfactory evidence of the Signatories' identity, by a current
state or federal identification with the Signatories' 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 Signatories).
The Signatories 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 day of , 2010.
Notary Public
Print Name:
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires:
- to [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
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ACKNOWLEDGMENT OF EXECUTION ON BEHALF OF THE CORPORATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of New Hanover County and State of
North Carolina, do hereby certify that John K. Barto and Nancy S. Marks ( "Signatories "),
personally came before me this day and acknowledged that they are the President and Chief
Executive Officer and Secretary, respectively of New Hanover Regional Medical Center, a North
Carolina nonprofit corporation, and that they, as the President and Chief Executive Officer and
Secretary, respectively, being authorized to do so, executed the foregoing instrument on behalf of
the limited liability company.
I certify that the Signatories personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatories); or
(I have seen satisfactory evidence of the Signatories' identity, by a current
state or federal identification with the Signatories' 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 Signatories).
The Signatories 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 day of , 2010.
Notary Public
Print Name:
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires:
- to [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
Board of Commissioners Meeting
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 22
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S): Wanda Coston, Community Development Planner
SUBJECT:
Public Hearing
2010 Community Development Block Grant Scattered Site Housing Program Application
BRIEF SUMMARY:
In order to comply with the terms and conditions set forth in the CDBG grant requirements, the County must
conduct a second public hearing to solicit public input prior to the submission of the 2010 Scattered Site
Housing Program (SSHP) application to the North Carolina Department of Commerce, Division of
Community Assistance (DCA). The $400,000 SSHP grant will enable the County to provide two
replacement homes and rehabilitate three houses for five very low income homeowners.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request County Commissioners:
1. Conduct the public hearing in accordance with the CDBG program requirements, and
2. Authorize staff to submit the 2010 CDBG SSHP application to DCA for review.
ATTACHMENTS:
2010 CDBG SSHP Grant Budget
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing and authorize submission of application.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
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10. Project Budget for C -1 Activities
Name of Applicant:
New Hanover County
1. CDBG Grant Amount Requested
$400,000.00
2. Program Income
0.00
3. Subtotal CDBG Resources
$400,000.00
4. Other Funds
0.00
5. Total Project Resources
$400,000.00
6. Activity
7. CDBG Costs
8. Other Costs
9. Total Project Costs
a. Acquisition
b. Disposition
c. Public facilities and improvements
(1) Senior and handicapped centers
(2) Parks, playgrounds and recreation facilities
(3) Neighborhood facilities
(4) Solid waste disposal facilities
(5) Fire protection and equipment
(6) Parking facilities
(7) Public utilities other than water and sewer
(8) [Reserved]
(9) Street improvements
(10) Flood and drainage improvements
(11) Pedestrian improvements
(12) Other public facilities
(13) Public sewer improvements
(14) Public water improvements
d. Clearance activities
e. Public services
f. Relocation assistance
g. Construction, rehabilitation and preservation
activities
(1) Construction or rehabilitation of commercial
and industrial buildings
(2) Rehabilitation of privately owned dwellings
a. Rehabilitation
$120,000.00
$120,000.00
b. Reconstruction
200,000.00
200,000.00
c. Clearance
40,000.00
40,000.00
d. Temporary Relocation Expenses
18,000.00
18,000.00
(3) Rehabilitation of publicly owned dwellings
(4) Code enforcement
(5) Historic preservation
h. Development financing
(1) Working capital
(2) Machinery and equipment
i. Removal of architectural barriers
j. Other activities
k. SUBTOTAL
$378,000.00
$
$378,000.00
I. Planning (should not exceed $7,000)
m. Administration
22,000.00
22,000.00
n. TOTAL
$400,000.00
$
$400,000.00
Board of Commissioners Meeting
11/15/2010
22 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 23
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request (Z -903, 5110) - Request by Isabella Holding Company to Rezone 11.41 Acres at 799
Rivage Promenade from R -10 and R -15 Residential District to B-2
BRIEF SUMMARY:
At its May 6, 2010 meeting, the Planning Board voted 6 -0 to recommend denial of the rezoning request. An
appeal hearing was requested to be delayed for 6 months by the appellant and the request was granted by
the County Commissioners at their June meeting.
The site is classified as Transition on the 2006 CAMA Land Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for upholding the decision of the Planning Board (Therefore, deny the rezoning): The
County Commissioners find that this request for zoning map amendment from R -15 Residential district to B-
2 Highway Commercial District as described is:
1. Inconsistent with Policies 4.3 and 5.7 of the 2006 CAMA Land Use Plan which support
commercial uses only when such commercial uses do not diminish the quality of life in
nearby residential areas and protection of the character of residential areas, and
2. Not Reasonablenor in the public interest to rezone 11.41 acres in this location from
residential districts to a highway commercial zoning district.
EXAMPLE for reversing the decision of the Planning Board (Therefore, approve the rezoning): The
County Commissioners find that this request for zoning map amendment from R -15 Residential district to B-
2 Highway Commercial District as described is:
1. Consistent with (fill in which sections of the Land Use Plan you believe are applicable) of
the 2006 CAMA Land Use Plan, and
2. Reasonable and in the public interest to rezone 11.41 acres in this location from residential
districts to a highway commercial zoning district.
ATTACHMENTS:
Z -903 Staff Summary
Board of Commissioners Meeting
11/15/2010
23 -0
Z -903 Petition Summary
Z -903 Adjacent Property Owners Map
Z -903 Site Map
Z -903 B -2 Use Table
Z -903 May 6 2010 Planning Board Minutes
Z -903 Applicant Letter of Appeal
Z -903 Application
Z -903 Ferguson Opposition Letter
Z -903 Smith Opposition Letter
Z -903 Opposition Petition
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
The item was withdrawn by the petitioner.
Board of Commissioners Meeting
11/15/2010
23 -0
CASE # Z -903 (5/10)
APPELLANT: Isabella Holding Company
LOCATION: 799 Rivage Promenade
REQUEST: Appeal of denial to Rezone from R -10 and R -15 to B -2
ACREAGE: Approximately 11.41 acres
LAND CLASS: Transition
BACKGROUND
At its May 6 meeting, the Planning Board voted to recommend denial of the requested rezoning
as noted below. The minutes of that item are attached for your review. In accordance with
Section 112 -3(3) of the zoning ordinance, a recommendation for denial by the Planning Board
ends consideration of the proposed zoning amendment unless the recommendation is appealed.
In this case, the petitioner filed a proper letter of appeal which is attached.
Section 112 -4 of the zoning ordinance states that petitions that receive an unfavorable or
adverse recommendation may be appealed to the County Commissioners and further states that
"all such appeals shall be heard at a public hearing scheduled by the County Commissioners.
(This provision gives the Commissioners flexibility to place the hearing on one of their regular
meeting agendas or to set a special meeting for the purpose of hearing the appeal if, for
example, they felt the hearing would unduly burden the business of a regular meeting.)
At its June meeting, commissioners granted the request of the appellant to set the hearing for
November 15, 2010.
STAFF SUMMARY
The subject property is located in the southern portion of the county in an area classified as
Transition on the 2006 CAMA Land Classification map. It is located north of the intersection of
Cathay Road and Carolina Beach Road, a signalized intersection, and south of Sanders Road and
the Beau Rivage Market Place Shopping Center. The subject property is vacant and currently
serves as the primary entryway to Beau Rivage Plantation. It provides a transition and buffer
between the busy urban arterial roadway (Carolina Beach Road) and the existing development
within Beau Rivage Plantation.
Beau Rivage Drive is a neighborhood collector street and the primary street access for the Beau
Rivage Subdivision. This street bisects the property. There is frontage on Carolina Beach Road on
the northern section, however the section is currently walled as part of the subdivision entry. A
Board of Commissioners Meeting
11/15/2010
23 -1 -1
driveway cut would be too close to the existing intersections on the north and south, so all of
the property would be accessed via Beau Rivage Drive. Ingress and egress is right in /right out via
a dedicated deceleration lane along Carolina Beach Road.
Traffic counts between 2008 and 2009 indicated an average daily traffic decrease of about 32%
north of this location at Sanders Road. Carolina Beach Road has a 2007 LOS of E north of the site
at Sanders Road, meaning the road is operating at capacity and LOS C south of the site at Cathay
Road, meaning there is a stable traffic flow in that direction. A traffic impact analysis is required
for any use generating 100 peak hour trips.
Adjacent properties show a variety of zoning types. To the south, the Monterey Heights
subdivision is zoned R -10 residential district, and to the north, Sellars Cove is a high density
condominium development permitted by special use in a CD (R -10) residential district. Other
frontage lots in this vicinity along Carolina Beach Road are mostly conditional commercial
districts.
The subject property is located in the Lord's Creek watershed drainage area which is classified C;
Sw. The property in question is not within the 100 year flood zone. Soils are Class I Rimini and
Kureb sands. Water and sewer are provided by Aqua NC, a private provider in the southern
portion of the county.
Land Use Plan Considerations:
The 1986 Beau Rivage Plantation master plan indicates that the subject property is reserved for
future development.
In 2001, a plan was submitted to the County's Technical Review Committee for 192
condominium units on the subject parcel but was denied because of excessive density that
would exacerbate traffic conditions. Beau Rivage residents opposed the condominium project
because they felt it would detract from the main entrance and compromise safety by increasing
traffic.
The maximum speed limit along Carolina Beach Road is 55 mph. Heavy, fast moving traffic along
this stretch of Carolina Beach Road may provide challenges for drivers to merge into traffic and
could lead to internal stacking of cars along Beau Rivage Drive. To travel north on Carolina
Beach Road, drivers must execute a right turn, then quickly move to the left lane to make a U-
turn at the signalized intersection at Cathay Road. Residents of the Beau Rivage subdivision
have gated access on Sanders Road and River Road to provide alternative routes for
ingress /egress. A traffic impact analysis (TIA) would be required for uses that generate 100 peak
hour trips.
Policy 4.3 of the 2006 CAMA Land Use Plan promotes, "maximum effectiveness of commercial
uses by assuring that land is available for commercial uses within close proximity to the markets
they serve and by ensuring that such commercial uses do not diminish the quality of life in
Z -903 (5/10) Appeal
Page 2
Board of Commissioners Meeting
11/15/2010
23 -1 -2
nearby residential areas." The establishment of commercial services at this location could
benefit nearby residents by providing neighborhood services within walking /biking distance.
Policy 5.7 of the 2006 CAMA Land Use Plan, calls for preserving the character of the area's
existing residential neighborhoods and quality of life by protecting existing residential
neighborhoods and integrating development and growth with the input from residents. Recently
the Beau Rivage Homeowners Association, the staff, and the Planning Board have all supported
a request for a conditional (B -2) rezoning to convert an existing golf center and condominium
complex into a golf resort and function facility with 80 hotel rooms adjacent to the subject
property. Support for the nearby conditional rezoning request can be attributed to the
predictability of knowing specifically what is being proposed and setting conditions on the
development.
This rezoning proposal requests the County's most intensive commercial zoning district, which
permits a broad range of uses (see enclosed B -2 Table). Opening this property, at the entrance
to an established residential community, to the full range of uses permitted by right in B -2
districts would not be consistent with the intent of policy 5.7 of the 2006 CAMA Land Use Plan
and could ultimately increase hazards to County residents entering and exiting the development
while simultaneously diminishing their property values.
Staff recommends denial of the rezoning request based on its conclusion that the proposal is
inconsistent with policy 5.7 of the County's CAMA Land Use Plan and is not reasonable nor in the
public's interest to permit a broad range of high intensity commercial uses inside an established
residential subdivision.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any
zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in
the public interest."
EXAMPLE for upholding the decision of the Planning Board (Therefore, deny the rezoning):
The County Commissioners find that this request for zoning map amendment from R -15 Residential
district to B -2 Highway Commercial District as described is:
1. Inconsistent with Policies 4.3 and 5.7 of the 2006 CAMA Land Use Plan which support commercial
uses only when such commercial uses do not diminish the quality of life in nearby residential
areas and protection of the character of residential areas, and
2. Not Reasonable nor in the public interest to rezone 11.41 acres in this location from residential
districts to a highway commercial zoning district.
EXAMPLE for reversing the decision of the Planning Board (Therefore, approve the rezoning):
The County Commissioners find that this request for zoning map amendment from R -15 Residential
district to B -2 Highway Commercial District as described is:
1. Consistent with (fill in which sections of the Land Use Plan you believe are applicable) of the 2006
CAMA Land Use Plan, and
2. Reasonable and in the public interest to rezone 11.41 acres in this location from residential
districts to a highway commercial zoning district.
Z -903 (5/10) Appeal
Page 3
Board of Commissioners Meeting
11/15/2010
23 -1 -3
Case: Z -903 (5/10)
Rezone 11.41 acres from R -10 and R -15 Residential to B -2 Highway Business District
Petition Summary Data
799 Rivage Promenade
Owner /Petitioner Isabella Holding Company
Existing Land Use: Undeveloped land reserved for future development
Zoning g istory: Area 4 (April 7, 197 1)
Land Classification: Transition
Water T ape: Private water through Aqua North Carolina
Sewer T ape: Private sewer through Aqua North Carolina
Recreation Area: Monterey Heights and Veterans Park
Access &Traffic Volume: Beau Rivage Drive (neighborhood collector) to Carolina
Beach Road (urban principal arterial) with LOS E transitioning to LOS C south of Beau
Rivage Drive at approximately Cathay Road. ADT on Carolina Beach Road south of
Sanders decreased by 32°Io between 2008 and 2009.
Fire District: Myrtle Grove Fire District (MGFD)
Watershed & Water Quality Classification: Lords Creek; C; Sw
Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian
aquifer containing fresh water over salty water.
Conservation /Historic /Archaeolo ,aical Resources: None
Soils: Kureb sand (Kr) - 1 to 8 percent slopes; Rimini Sand (Rm) - 1 to 6 percent slopes
Septic Suitability: Suitable /slight limitation in Class I
Schools: Bellamy Elementary School
Board of Commissioners Meeting
11/15/2010
23 -2 -1
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B -2 HIGHWAY BUSINESS DISTRICT
27. Automobile Dealers & Truck
TABLE OF USES
Sales
28. Automobile Dealers & Truck
Permitted by Right
Sales
1. Agricultural Uses
2. Kennels
29. Boat Dealers
3. Veterinaries
30. Building Material & Garden
4. Wholesale Nurseries &
Supplies
Greenhouses
31. Convenience Food Store
5. General Building Contractor
32. Drug Store
6. Landscaping Contractors
33. Eating and Drinking Places
7. Special Trade Contractors
34. Entertainment
8. Special Trade & General
Establishments, Bars,
Contractors with no
Cabarets, Discos
Outside Storage
35. Entertainment
9. Bus &Taxi Terminals
Establishments, Bars,
10. Commercial Marina
Cabarets, in a Shopping
11. Dry Stack of Boats- As a
Center
stand -alone warehouse
36. Farm Implement Sales
12. Dry Stack of Boats -As
37. Food Stores
accessory to a marina
38. Fruit & Vegetable Stand
13. Electric /Gas & Sanitary
Produced on Same Parcel as
Services
Offered for Sale
14. Electric Substations
39. Furniture, Home Furnishing
15. Mini - Warehouses
& Equipment
16. Post Offices
40. General Merchandise
17. Telephone & Telegraph
Stores
Facilities
41. Handcrafting Small Articles
18. TV & Radio Broadcasting
42. Hardware
19. Warehousing
43. Landscaping Service
20. Water Transportation
44. Miscellaneous Retail
Facilities
45. Mobile Home Dealers &
21. Antenna & Towers Less
Prefabricated Buildings
Than 70 Ft. In Height &
46. Retail Nurseries
Ancillary to the Principle
47. Historic restaurants
Use
48. Banks, Credit Agencies,
22. Cellular & PCS Antennas
Savings & Loans
23. Amateur Radio Antennas
49. Automobile /Boat Repair
(Up to 90 Ft.)
Sales
24. Wholesaling with No
50. Automobile Rentals
Outside Storage
51. Barber /Beauty Shop
25. Wholesaling Seafood With
52. Business Services Including
Water Frontage
Printing
26. Apparel & Accessory Store
B -2 HIGHWAY BUSINESS DISTRICT TABLE OF USES
Board of Commissioners Meeting
11/15/2010
23 -5 -1
Permitted by Right (Continued)
53. Camping, Travel Trailer
Pa rks
54. Drive-In Theatre
55. Dry Cleaning /Laundry Plant
56. Electrical Repair Shop
57. Equipment Rental & Leasing
58. Funeral Home
59. Hotels & Motels
60. Indoor & Outdoor
Recreation Establishments
61. Indoor Theatre
62. Parks & Recreation Area
63. Personal Services
64. Resort Hotel /Motel
65. Stables
66. Septic Tank Vacuum Service
67. Watch, Clock, Jewelry
Repair
68. Children's Day Care
69. Libraries
70. Museums
71. Churches
72. Lodges, Fraternal & Social
Organizations
73. Fraternities /Sororities,
Residential
74. Accessory Building or Uses,
clearly incidental to the
Permitted Use of Building
75. Christmas Tree Sales
76. Circuses, Carnivals, Fairs &
Side Shows of No More
than 30 Days Duration Per
Year
B -2 HIGHWAY BUSINESS DISTRICT TABLE OF USES
Board of Commissioners Meeting
11/15/2010
23 -5 -2
77. Demolition- Landscape
Landfill
78. Evangelistic and Religious
Assemblies not Conducted
at a Church
79. Government Offices &
Buildings
80. Offices for Private Business
& Professional Activities
81. Outdoor Bazaars excluding
Yard Sales
82. Pumpkin Sales
83. Principal Use Sign
84. Research Facilities
85. Special Fund Raising for
Non - Profit Organizations
86. Temporary Sign
87. Recycling Facilities -Small
Collection
88. Recycling Facilities -Large
Collection
Special Use Permit Required
1. Commercial Marina with Floating
Structures
2. Other Communication Facilities
Including Towers
3. Dwelling Unit Contained within
Principal
4. Single Family Dwelling
5. Single Family Dwelling- Attached
6. Large Collection with Processing
Item 3: Rezoning- R uest. -903, 5/10) — Request by Isabella Holding Company to rezone
11 .41 acres at 799 Rivage Promenade from R -10 and R-15 Residential District to B--2. The site
is classified as Transition o n the 2006 CAMA Land Classification Map.
.lane Da uorhtridg e shored. ma ps and photographs of the property and of the surrounding area..
Ms, aughtridg provided rnf nnati n p rtarning t land classification, access, � servie ,
zoning, and flood hazard areas.
Mils. Daughtrid reported the level of s on Carolina Beach Road. at the site is E, meanin
at capacity, and transitions to C at the signalized intersection o Cathay Road. The surrounding
area is a variety of zoning, primarily residential R -15 and R-10. Along the roadway is a
combination of B- 1, B--2 and Conditional BW 1 in the vicinity of this proposal.
Per the aerial photos, Ms. l aughtr explained that this land is undeveloped at this time with
the entry roadway running basically through the center o the property into the platted
subdivision of Beau. Rivage. To the south of that is the Monterey Heights subdivision and north
of that appears to he a mobile hone park that has translti .ned to a condominium m complex as
shown on Bator oblique naps.
Mr. O'Keefe provided the following land use plan considerations and staff findings:
Land Use Plan Considerations
The 1986 Beau Rivage Plantation master plan. indicates that the subject property is
reserved for future development.
In 2001, a plan was submitted to the County's Technical Review Committee -for 19
c ondominium units on the subject parcel but was denied because of excessive density that
w ould exacerbate traffic conditions. Beau Rivage residents opposed the condominium
project because they felt it would detract from the main entrance and compromise safety
by increasing traffic.
The maximum speed limit along Carolina Beach Road is 55 mph. Leavy, fast moving
traffic along this stretch of Carolina Bali Roach may provide challenges for drivers t o
merge into traffic and could lead to internal stacking of cars along Beau Rivage Drive.
To travel north on Carolina Beach .Road, drivers must execute a right tum, and then
quickly r move to the left lane to make -tum a the signalized. intersection at Cathay
Road. Residents of the Beau Rivage subdivision ha e gated access on Sanders Road and
River Road to provide alternative routes for ingress /egress. A traffic impact analysis
( TIA)would be required for uses that generate 100 peals hour trips.
Policy .3 of the 2006 CA.MA Land Use Ilan promotes, "ma u' num effectiveness of
commercial uses by assuring that land is available for commercial uses within close
proximity to the -marl ets they serve and by ensuring that such commercial uses do not
diminish the quality of life in nearby residential areas." The establishment of commercial
1
Board of Commissioners Meeting
11/15/2010
23 -6 -1
services at this location could benefit nearby residents by providing neighborhood
services within walking/biking distance.
Policy 5.7 o the 2006 CAMA Land Use Flan, calls for preserving the character o the
area's existing residential neighborhoods and quality of lifie b y protecting existing
residential neighborhoods and integrating development and growth with the input from
.residents. Recently the Beau Rivage Homeowners Association, the staff, and the Plannin
Board have all supported a request for a conditional B--2 rezoning to c an existing
golf center and condominium complex into a golf resort and function facility with
hotel rooms adjacent to the subject property. Support for the nearby conditional ren.ing
request can be attributed to the predictability of knowing specifically what is being
proposed and setting conditions on the development.
This rezoning proposal requests the County's most intensive commercial zoning district,
which permits a broad. range of uses (see enclosed B-2 Table). Opening this property, at
the entrance to a n establ.Ished residential community, to the full range of uses pennitted
by right in B-2 districts would not be consistent w ith the int of policy 5.7 of the 2006
C I A Land Use Plan and could ultimately increase hazards to County residents enterin
and exiting the development while simuItaneou.s.ly dU'n�nishing their property values.
Staff does recommend denial of the .rezoning request based on its conclusion that the . pr pcsa.l is
inconsistent with policy 5.7 of the County's CAMA Band Use Plan and is not reasonable nor in
the public's interest to permit a broad range of high intensity commercial uses inside a
established residential subdivision.
Ken. Shanklin an attorney with Shanklin & Nichols, spoke on behalf of the applicant. He said
this nfng request was filed in conjunction with the other zoning request which affected
adjoining property that is now basically a hotel and zoned B-2 CD, which is commercial. For
number of years, this was a performance residential development. There are a number of criteria
for that un der the County's R - 1 0, f , R -1 and R- zones only, not B - 2 o r the others. Mr. Shanklin
stated that on Monday .y night, he was quite surprised that the County Commissioners voted t
approve rezoning of that area shown in blue on the map to a commercial use in a residential
development. He explained the area to travel from the highway to the commercial use is over his
client's property. In the City, that coUldn't be done because traffic can't travel over a residential
subdivision road to access a commercial tract, but in the County there isn't a similar ordinance.
Mr. Shan klin stated his client was here tonight asking, for consistency purposes, that the area
through which you travel from the highway to the project approved o Monday night be rezoned
commercial as well. Mr. Shanklin concluded his presentation by stating that B -2 is an
appropriate use for that area next to the highway and reserved all the c omments and objections
that h e made on Monday night to the other rezoning.
Jay Williams requested that those wishing to speak on this stern sign in.
Scott Holmes, an attorney with Murchison, Taylor & Gibson, spoke on 'behalf of the Beau
ivage Homeowners Association in opposition to the rezoning request. He stated the
homeowners have relied on a certain appearance of the property through which they drive every
to
Board of Commissioners Meeting
11/15/2010
23 -6 -2
day. They have appreciated the entrance to their community for a long time and feel there is
really no inconsistency in supporting a golf club that has been in existence in the neighborhood
as long as the neighborhood and not wanting to see an open B-2 located at the main entrance to
their neighborhood. Mr. Holmes stated they would slLmply ask the board to support the decision
of the staff, not -Ing they respect their judgment and know the staff has looked t this issue very
closely.
Mr. Holmes then introduced Ms. Sylvia Joye, president of the Beau Rivage Homeowners
Association.
Sylvia Joye the current president of the Beau Rivage Homeowners Association, stated the
homeowners of Beau Rivage adamantly oppose the rezoning request of Isabella Holding. She
asked. the homeowners in attendance at the .meeting who are opposed to the rezoning request to
stand and b recognized. Approximately 29 people stood to b e recognized). Ms. Joye
announced she would also like to present to the hoard a petition in opposition to the - rezoning
with approximately 350 signatures. Ms. Joye then gage the petition to the planning staff.
Ms. Jove stated the Beau Rivage Homeowners Association has maintained the Beau. Rivage
Drive area which bisects the Isabella Holding properties since 1989, when the association was
formed by the developer. Since that tinne, the association has spent in excess of a. quarter of
million dollars on the entrance property. Ms. Joye explained that to her knowledge, Isabella
Molding has not contributed to the maintenance in any way. She noted the long, winding drive
has always been a featured selling point of the property. The development name, Beau. Rivage
Plantation, was reinforced from the beginning by the beautiful driveway and the plantation
appearance of the golf club. To turn this :into a commercial thoroughfare would be against the
implications and/or representations of every real estate agent that has ever sold a hone in the
Beau Rivage area. while Beau. Rivage is not a co-mpletely private community, the other two
entrances are gated. and controlled by stickers placed. on homeowners vehicles. The Beau Rivage
Drive entrance is currently presented in such a way as to not attract individuals that do not have
reasons to cone into the community. Comme:rci l development of this tract of land would
encourage traffic and unnecessary visits. Traffic in the community could become a serious issue.
The golf resort has been an integral . part of this community since its inception and is the reason
may residents purchased then hones and the reason many continue to live there. Ms. Joye stated
we live in harmony with. the golf resort and we have supported their improvements in the spirit
that it would also improve our community. In conclusion, we, the residents of Beau Ravage,
strongly support the staff s recommendation of denial of the rezoning request and agree that it is
not reasonable nor in our community's interest.
Cindee wolf, of withers & Ravenel, spoke on behalf of the owners of the Beau Rivage Golf
,Resort, stating they are strongly opposed to this proposal of a conventional rezoning because of
the wide range of potential uses.
In rebuttal, Ken Shankfin stated the petitioner stands on their petition.
Mr. Williams closed the public hearing.
1
Board of Commissioners Meeting
11/15/2010
23 -6 -3
Richard Collier stated lie doesn't I Ike the broad B -2 zoning for this property, acknowledging he
didn't like the B-2 for the clubhouse either. He said he liked the fact that when they came in
with the conditlo.nal use, they had a project that was meeting the standards and a list of uses that
would and would not be there. He commented that if the board was considering a B -2
conditional use today, he might have a different opinion, but with the list of penmitted uses
including everything down to dog kennels, it would be difficult to put that at the beginning of
this neighborhood. Mr. Collier said he understands that Isabella Holding was certainly opposed
to the Beau Rivage Golf .resort's B--2 CD and that's on record quite a lot, but lie stated lie can't
see any Planning Board member voting for a B-2 that broad. He explained that if Mr. Shanl lin"s
chen.t has project that they would Like to bring before the board and presents It to the.
homeowners first explaining what they would be bringing to it, the 'hoard would certainly
entertain it, 'hut he stated lie doesn't think lie can support a broad lased B-2 in this location..
Melissa Gott asked Mir. Shanklin about the way the property is dissected, noting part of the
property can easily access Carolina Beach Road if the owner decides to develop one side. The
other side abuts totally on the private road. that Mr. Shanklin's client gave a very strong argument
was not a collector street. She said she was trying to understand why last month Mr. Sha kfin's
firm argued it wasn't a collector street and now it is a collector street sufficient to get his cli n.t"
B -2.
Mr. Shanklin stated he was not changing his position. with respect to what he said at Monday
night's commissioners meeting, noting his position is a little different from Matt Nichols'
position. ' Mr. Nichols attended the planning board meeting last month and Mr. Shanklin made
the presentation on Monday night, He noted it night not meet that, but if you look at this from
the standpoint that you have to travel through his client's property to get to the commercial hotel,
his property should be a similar zone.
Ms. Gott agreed that it should be similar, but stated what the county rezoned. the golf course is
verb' different from what Mr. Shanklin is asking for his client's piece of property.
Mr. Shanklin stated he understood ibis. Gott's point and explained he was looking at it more from
a defensive standpoint. He noted if the commissioners had rejected the application on Monday
night, his client would have withdrawn the rezoning request. Mr. Shanklin said his client wants
to use his property and is trying to determine the hest moray to do that, explaining this request is
part of that process.
Ms. Gott stated she had absolutely no objection to the petitioner using his property to its highest
and best use, she is just v ery concerned with the broad range of uses . permitted in an
unconditional B--2.
Mr. Shanklin expressed his understanding of Ms. Gott's concerns and explained they did not
have time in view of the other project to develop an entire sits plan which takes time, - which was
their ma-in reason for requesting the continuance of this item to allow them to go over all. of their
options because they do have a number of options, including going back before the TRC with a
preliminary site ,plan of that tract under a residential use.
l
Board of Commissioners Meeting
11/15/2010
23 -6 -4
Ms. Gott asked if Mr. Shanklin's clients had any thoughts when they initially put in this
application s to the purpose for which their would like to use the property, explaining it seemed
they were arguing so strenuously that the County shouldn't approve the clubhouse request and
now they argue for are even broader range of uses.
Mr. Shan. lin stated they were hedging their bets with this .request because they did oppose and
still oppose the approval of the conditional rezoning on Monday night and noted they may appeal
for judicial review. He stated this was basically a sort of defensive measure with respect to hIs
client's property and commented they don't know if it can be or should be developed
residentially in Tight of ghat happened at the hotel because right :now, the entire 612 acres is not
a. performance residential subdivision development. Mr. Shanklin said it's less than that on the
site plans that have been approved since 1986 and they aren't sure how that factors out,
explaining they are still researching. that point. He reiterated this was more of a defensive move
than anything else in light of what happened earlier in the creek.
Mr. Williams stated his agreement with Ms. Gott and Mr. Collie that the B-2 is too broad and
doesn't narrow the issue. He explained to the residents of Beau l i age that this is a rather odd
situation to him, noting this :is a very large residential development that has are entrance that i
not secured by covenants or by some other means. He stated he doesn't know the history of
Beau Rivage and whether It was ever one master parcel and this piece was left and reserved. He
s .ld he doesn't know the truth, but it is a rather unique circumstance that lie doesn't really find
too palatable so it's unfortunate for everybody. That said, he would expect the folks at Beau
ivage to understand that Mr. Shanklin's client should not be deprived of the use of his property
to some degree so no matter what the planning board does tonight, the residents should anticipate
that he will want to use his property in some means. He stated that perhaps if they do conditional
zoning districts or special use permits, the residents will have more input in what becomes of this
piece of property. He noted he just wanted to lay the groundwork for what may happen in the
f tare for the residents of Beau Rivage so that everybody is on the same page.
Sue Hanes made a. motion to recommend denial of Rezoning Request 2 --903. Richard Collier
seconded the motion. The Planning Board voted 6-0 to deny Rezoning Request Z -903.
Technical Review Committee Rc ort (April
Mr. Williams asked Ms. Daughtridge to confimi there wasn't a Technical Review Committee
report for the :month of April.
Jane Daughtrid confirmed the Technical Review Committee (TRQ did not meet during the
month of April, explaining that was the reason Mr. Burgess did not attend ton igllt's meeting.
Mr. Williams stated this evening raised an interesting question and asked if it was true the
County doesn't have any ordinance that prevents access to a commercial development over#
residential project. Mr. Williams wondered if the County should examine that .issue and consider
something similar to ghat the City apparently has in place.
19
Board of Commissioners Meeting
11/15/2010
23 -6 -5
SHANKLIN & NICHOLS, LLP -
A AT LAw
2 14 MARKET STREET
POST OFFICE BAG 1 347
WI I-MINGTO N, NORTH CAROU NA 2840 2 -1 347
TELEPHONE 1 762 -9400 * TELEF 9 1 1 - 1 778
E -MAIL. SHAN KLAWCaEARTH LIi . NET
KENNETH ETH A. S HA€ I LI *
MAT7HEW A. 1 I Ho LSD`
OLIN J. TR ENT
C YNTHIA W. BA LDWI
May 7, 201
M. Sh eila Schlt
Clerk to the New Hanover County
Board of Commissioners
230 Government Center D r., Ste. 175
Wilmington, NC 28403
Re: � Etmst— ompan , LLC o
Beau Riage
Our File No. 10051.001
Dear Ms. Sehult:
* BOARD CERTIFIED -SPECIALIST IN
REAL PROPERTY LAIN - RESIDENTI BUSINESS,
C OMMERCIAL AND INDUSTRIA4 TRANSACTIONS
* * ALso A Dm iTTED IN NEw YORK
We represent Isabella Holding Company, ITC with respect to its rezoning request heard
by the New Hanover County Planning Board on May 6 201 Agenda Item No. 3, Case No. Z-
9 03 5 5/10.
With respect to the denial by the Planning Board of this request, we appeal this matter to
the New Hanover County Board of Commissioner& pursuant to Article XI, Section 112 - of the
New Hanover Counter Zoning ordinance.
Finally, we request that this ,utter not be scheduled before the Board of Commissioners
for at least 9 to 1 20 days to allow the Applicant to review its options. Please advise if there is a
problem with this request.
With best regards, I remain
Si e urs,
Kenneth A. Shan lin
KAS /pee
cc Mr. Bruce Shell, County Manager
Mr. Chris o'Kee 'e, County Planning and Inspections Director
IVs. Sharon Huffman, County Attorney
Isabella Holding Company, LLC
Board of Commissioners Meeting
11/15/2010
23 -7 -1
ATTACHMENT To
WHAT YOU MIST ESTABLISH
FOR CHANGE of ZONING:
How would the requested change be consistent with the County's Policies for
Growth and Development?
Answer: The County's Policies for Growth and Development for c ommercial
uses states: "Policy 4.3 Maximize effectiveness of commercial uses by assuring
that land is available for c ommercial uses within close proximity to the markets
et
they serve and by ensuring that such commercial uses do not diminish the quality
of life in nearby residential areas."
This change will maximize the benefits of the available infrastructure and reduce
dependence on the automobile. It will improve the quality of life in the nearby
a reas beanie residents will be able to walk to necessary services. Also, with
this change we will not bring additional traffic through the nearby property
because the Subject Property is located at the front of a community that has
direct access to a major thoroughfare.
One of the implementation entation strategies for Policy 4.3,6 states: "Locate commercial
centers to provide community level service and trade needs of key intersections
or on major thoroughfares." This site does just that.
2. How would the requested change be consistent with the property's classification
of the Land Classification?
Answer: The Subject Pro perty is located in the Transition Class of the CA11 A
Land Use Plan. The purpose of the Transition Class is to provide for future
intensive urban development on lands that have been, or will be, provided with
necessary urban services.
3. What significant neighborhood changes have occurred to male the original
zoning inappropriate, or how is the land involved unsuitable for the uses
permitted under the existing zoning?
Answer: A request to rezone to B2 is in process for the property adjacent to and
west of Subject Property. That rezoning, if approved, will lock Subject Property
between a major thoroughfare and B2 Zoning. Further, the rezoning of the
adjacent property will create heavier traffic flog through Subject Property making
it less suitable for use under its current residential zoning.
4. for will this change of zoning serve the public interest?
Answer: Development of Subject Property for business use will put businesses
within easy access of Beau Rivage and adjacent neighborhoods, which will
minimize both the number and distance of car trips required to reach providers of
goods and services. This will aid in the reduction of highway traffic and minimize
the impact t of motorized traffic on the environment.
Board of Commissioners Meeting
11/15/2010
23 -8 -3
Robert B. & Virginia L. Ferguson
929 Rivage Promenade
Wilmington, NC 28412
Ferg929@bellsouth.net
(910) 395 -8474
April 30, 2010
Ms. Jane Daughtfidge, A1C
1'l and Zorung Manager
New Hanover County Planning Departmen
230 Gover meat Center give, Suite 150
Wigton, ETC 28403
:: Applic .tio . r . Z ning : Chpge.by Isabella Holdi Comp
At . 799 R�vage Promenade to B -2
Dear Ms, a g tridge:
My husband and . L Wit . great concern, have been discussing the a cation: of Mr
Nathan Sanders to change the onm'g our entrance to B -2. We, along with most other
residents of Beau Rivage Plantation, feel that the driveway is an integral part of our hones
and was considered an impost amenity of the development when we purchased our
homes. It is the very pleasant transition from the sights we see on Carolina Beach Road to
lovely conununit r.
On June w will he celebrating the an ri-i versary of our closing on oar house
but it seems that over these years parcary after the death o f t he develop Eddie
Lewis on Easter of 1997) we have been forced to battle for the sanctity of this drivewa
with Mr. Lewis Widow, Nathan Sanders and Wilson and Angie Ki.. Frankl y we consider
his zoning request an act o utter disregard for the residents of Beau Rivage. Should he be
allowed to farther develop this area it vvifl D ensely finish the qu aW of our lifc '.
We are thriUed, to put it mildly, that the Planning Staff has gone on record in ..
opposition to Mr. Sandersl application.
For your information, we consider this to e a major art
dri . of the roans M
Beau Rivage and that, if the roads are ever turned over to the BRHoA, the driveway and
the common . areas s .rro. ndin i . should be a major part of that turnover. The dues
p ayments. the i res le s �e ��y have been used to : mai,ntam the land ca
. road
repairs, lighting, irfigation and insurance on the driveway since Beau wage Plantation
Board of Commissioners Meeting
11/15/2010
23 -9 -1
homes have been occupied. The management of the BRHOA was fmally tamed over to
the residents in Apra 1999 long der the requisite percentage of homes had been buflt and
occupied. It's been a struggle to maintain BRP as we believe Eddie Lewis intended but it
has been well worth -every hour and dollar expended in is effort. I served on the HOA
Board for the better part of five years s, I know whereof I speak to this issue. As
Treasurer of the B H , in M re , 2006 1 prepared a report for the Board listing the
amount of money spent from our dues from 1959 through March, 2006 on the entrance
drive - it amounted to $257,870.97. The HoWs share of this went to landscaping,
$211 1 no longer have the necessary records but the current Treasurer could
update these figures should anyone request then.
By the way, the driveway has a great number QfB rad f ord Pear trees and Dogwood
trees along with Oak and numerous Pines as well a l eas planted along its sides. It is
always particularly beautiful in the Spring but this year it - was exceptional with everything
M bloom. The driveway as it is, will serge to enhance the new Resort buildings.
Than you!
S "neerel ,
Virginia L. Ferguson
cc: Mrs. Sylvia Jove
President BRHOA
Board of Commissioners Meeting
11/15/2010
23 -9 -2
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Board of Commissioners Meeting
11/15/2010
23 -11 -1
Board of Commissioners Meeting
11/15/2010
23 -11 -2
New Hanover County Planning Board
May 6, 2010
Rezoning Request -903, 5/10)
Request by Isabella Holding Company to rezone 11.41 acres located at
799 RivageVrornenade from R-15 Residential District to B-2 u i s
The undersigndd names are in opposition to the request listed above due to concerns that if approved the
rezoning is NOT consistent with the purpose and intent of the Land Use Plan and is NOT reasonable or in the
public interest to allow 8-2 Zoning District in an - Zoning District.
11 /1J /1.UIU
23 -11 -3
New r Hanover County Planning Board
May 6 2010
Rezoning Feet -o, -
Request by Isabella folding Company to rezone 21.41 acres located at
799 iva - Promenade from R-15 Residential District to B-2 Business
Board of Commissioners Meeting
11/15/2010
23 -11 -4
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The undersigned names s are in opposition to the request listed above due
to concerns that if approved the
rezoning Is NOT ons ten ith the purpose and intent of the Land Use Plan and is T reasonable or in the
public interest to allow 8--2 Zoning D tri t In are R-15 Zoning District.
1.
New Hanover County planning Board
May 6,, 2010
Rezoning Request -903, 5/10)
Request by Isabella Holding Company to rezone 11.41 acres located at
799 Rivage Promenade from R-15 Residential District to B -2 Business -
Board of Commissioners Meeting
11/15/2010
23 -11 -5
The undersigned names are in opposition to the request listed above due to concerns that if approved the
rezoning is NOT consistent with the purpose and intent of the Land Use Plan and is NOT reasonable or in the
public interest to allow B-2 Zoning District in an RAS Zoning District.
New Hanover County Planning Board
May 6,, 2010
Rezoning Request -o, 10
Request by Isabella Holding Compan to rezone 11A1 acres located at
733 Rlva Prornenade from R-15 Residential District to - Bus -In s
The undersigned names are In opposition to the request fisted above due to concerns that if ip roared the
rezoning is NOT consistent wi the purpose and Latent of the Land Use Plan and is NOT reasonable or n
i h
Board of Commissioners Meeting
11/15/2010
23 -11 -6
public interest to alloy 6.2 Zoning District in an R-15 onin District.
New Hanover County Planning Board
May 6., 2010
Rezoning Request -03,, /o mm
4
Request by Isabella Holding Company to rezone 11.41 acres located at
799 Ri from R -25 Residential District to B Business
The undersigned names are in opposition t the request listed above due to concerns that if approved the
rezoning is NOT consistent with the purpose and intent of the Land Use Plan and is NOT reasonable or in the
public interest to allow B -2 Zoning District in are R-15 Zoning District.
P
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11/15/2010
23 -11 -7
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23 -11 -7
New Hanover County Planning Board
May 6,, 2010
Rezoning Request - 903,, 5/10)
Request by Isabella Holding Company to rezone 11.41 acres located. at
799 Rivage Promenade from R -15 Residential District to B-2 Busin
The undersigned names are in opposition to the request listed above due to concerns that if approved the
rezoning is NOT consistent with the purpose and intent of the Land Use Plan and is NOT reasonable or in the
public interest to allow -2 Zoning District in an R-15 Zoning D i st ricL
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11/15/2010
23 -11 -8
Ne w Hanover County Planning Board
May 6,, 2010
Rezoning Request (Z-903 5/10)
Request by Isabella Holding Company to rezone 11.41 acres located at
799 Rivage Promenade from R-15 Residential District to - rsiness T
The undersigned names are In opposition to the request listed above dire to concerns that if approved the
rezoning is NOT consistent with the purpose and intent of the land Use Plan and is NOT reasonable or in the
public Interest to allover B-2 Zoning District In an -1 Zoning District.
Board of Commissioners Meeting
11/15/2010
23 -11 -9
New Hanover County Planning Board
May 6, 2010
Rezoning Request (Z-903,, 5/10)
Request by Isabella Holding Company to rezone 11.41 acres located at
799 Rivage lirom nade f rom R-15 Residential District to - Business
The undersigned names are in opposition to the request listed above due to ncer sthat if approved the
rezoning is NOT consistent with the purpose and intent of the Land Use Plan and is NOT reasonable or In the
Board of Commissioners Meeting
11/15/2010
23 -11 -10
public interest to allow B-2 Zoning District in an R-15 Zoning District.
Board of Commissioners Meeting
11/15/2010
S
23 -11 -11
New Hanover County Planning Board
May 6,
Rezoning Request -*903, 5/10)
Request by Isabella Holding Company to rezone 12,41 acres located at
799 Riva Promenade from R-15 Residential District to B-2 Business
Board of Commissioners Meeting
11/15/2010
23 -11 -12
The undersigned names are in opposition to the request listed above due to concerns that if approved the
rezoning is NOT consistent with the purpose and Intent the Land Use Plan and is NOT reasonable or in the
public Interest to alloy B-2 Zoning District In an R-15 Zoning district*
New Hanover County Planning Board
May 6., 2010
Rezoning Request (Z-903,, 5/x 0)
Request by Isabella Folding Company to rezone 11.41 acres located at
799 Rivage Promenade from RAS Residential District to B.-2 Business
The undersigned names are in opposition to the request listed above due to concerns that if approved the
rezoning is NOT consistent with the purpose and intent of the Land Use Plan and is NOT reasonable or In the
Board of Commissioners Meeting
11/15/2010
23 -11 -13
public interest to allow B-2 Zoning District in an R-15 Zoning District.
New Hanover County Planning Board
May O r 2010
Rezoning Request (Z-903, o
Request by Isabella Folding Company to rezone IL41 acres located at
799 Ri ag - Promenade from RAS Residential District to - Business
Board of Commissioners Meeting
11/15/2010
23 -11 -14
The undersigned names are in opposition to the request listed above due to concerns that if approved the
rezoning Is NOT consistent with the purpose and intent of the land Use Plan and is oT reasonable or In the
public interest to allow B-2 Zoning District in an R-15 Zoning District.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 24
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request Modification (Z -880M, 9/10) — Request by Thomas Nuzio for River Bluffs
Development Corporation to Modify the Master Plan for an Existing PD Planned Development by
Rezoning 79.4 Acres Located at the West End of Chair Road in the Wetland Resource Protection,
Natural Heritage Resource Protection, and Aquifer Resource Protection Land Classifications from R-
20 Residential to PD Planned Development District for a Continuing Care Retirement Community
BRIEF SUMMARY:
This item was continued from the October 4, 2010 County Commissioner meeting in order to clarify
uncertainties relating to acreage, uses, dwelling units and traffic improvements.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior
to adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -20 Residential District
to Planned Development District as described is:
1. Consistent with the purposes and intent of the Resource Protection classification on the
2006 CAMA Land Use Plan Land Classification Map and goals outlined in the 1991
Wrightsboro neighborhood plan.
2. Reasonable and in the public interest to add 79.4 acres to an existing 237 acre
Planned Development master plan at the western end of Chair Road when all
infrastructure connections and improvements are installed and other requirements are
met.
ATTACHMENTS:
Z -880M Staff Summary
Z -880M Adjacent Property Owner Map
Z -880M Site Plan
Z -880M Site Plan Data Sheet
Z -880M TIA Approval Letter
Board of Commissioners Meeting
11/15/2010
24 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
24 -0
CASE: Z -880 M, 09/10
Revised Summary for Nov. 15, 2010
PETITIONER: Thomas Nuzio for River Bluffs Development Corp.
REQUEST: From R -20 Residential to PD Planned Development
ACREAGE: Approximately 79.4 Acres added to prior approved
237 acres for a total of 316.4 acres
LOCATION: West end of Chair Road
LAND CLASS: Wetland Resource Protection & Aquifer Resource
Protection
BACKGROUND: This item was continued from the October 4, 2010 County Commissioner
meeting in order to clarify uncertainties relating to acreage, uses, dwelling units and
traffic improvements. (The following write -up has been modified from the October 4,
2010 version and shows corrected numbers in strikethrough and bold. Other changes are
shown in bold with original language removed.)
PLANNING BOARD ACTION: At its September 2, 2010 meeting, the Planning Board
voted 6 -0 to recommend approval of the PD rezoning with the conditions that 1) The
collector street that provides interconnectivity between Chair Road and Rock Hill Road
must remain unobstructed by gates and the road would remain open to the public (as
assurance was given to participants at the required neighborhood meetings); 2) An
updated master plan which includes the missing components; and 3) An approval letter
for an amended TIA that meets the modified DOT /MPO scoping requirements for this
proposed expansion must be submitted at least one week prior to the County
Commissioner's hearing on this matter. No one from the public spoke on this matter.
Subsequent to that meeting, certain additional information was provided.
STAFF SUMMARY
This proposal is a modification of a prior approved Planned District. The applicant
wishes to amend a few aspects of the original master plan and add about 9-2- 79.4 acres
to the overall master plan. The subject property is located in the northwest portion of
the county in an area classified as Wetland & Aquifer Resource Protection on the 2006
CAMA Land Classification map. The property is accessed from Chair Road, a two lane
local street which intersects with Castle Hayne Road about one mile to the east. Neither
traffic counts nor levels of service are available for Chair Road; however, service along
Castle Hayne Road in this vicinity was shown at LOS F in 2007, meaning traffic counts
exceed the capacity of the roadway by a multiplier of 2 or more. Traffic counts along
Castle Hayne Road increased from 13,927 (2009) to 14,654 (2010).
11/9/2010 Page 1 of 4 Z -880M
Board of Commissioners Meeting
11/15/2010
24 -1 -1
The subject property is located within two watershed drainage areas, Ness Creek and
Little Creek, which are both classified C (SW). There is a small portion of AE flood hazard
located on the 780 Chair Road parcels. The base flood elevation along the rear portion
of the property is 8. There is also a recorded private utility easement located on parcel
R02400- 002 - 005 -002 that consumes the entire parcel. A portion of the property to be
rezoned is also located in the Special Highway Overlay District (SHOD). Parcels included
in the SHOD include 780, 1710, 2211 and 2223 Chair Road, 1333 and 1339 Rock Hill
Road. Parcel number R02400- 002 - 004 -000 contains Rock Hill Cemetery and is protected
conservation area with no mandatory setbacks. Soils are a broad mix of Class I and II
classifications with a small area of Class IV Dorovan and Johnston soils. Public water and
sewer service is not currently available in the vicinity.
Land Use Plan Considerations:
This rezoning petition envisions a planned development which will include a continuing
care retirement concept as well as limited commercial activities.
The site is located at the end of Chair Road and is currently vacant, wooded land with
many mature trees, particularly in the western portion of the project. Most of the
acreage is on the west side of 1 -140. The original PD zoning was approved in 2008 and
included 207 single family units, 47 multi - family units, 300 retirement units and 15.17
acres of commercial use for a country store and an RV /boat storage facility as an
amenity for the property owners.
The modified Master Plan makes certain shifts in approved locations of densities and
uses, and shows an additional 207 units, consisting of a combination of single family
units and multi - family units, totaling 761 units total for the PD community. The
additional acreage also provides thirty -five percent or approximately 29.1 acres of
supplementary recreational and open space.
The Medical/Nursing Faci I ity and about 26 units of the 250 unit retirement housing is
proposed to be moved from its original location -�;�C to one of the proposed
additional parcels (Tract E) east of the 1 -140 bridge on 20.28 acres. The master plan
shows a multipurpose trail interconnecting the single family and multi - family residential
tracts of Tract A and Tract F . Amenity areas are also shown on the revised plan.
The infrastructure to support the project is not yet in place. Applicant proposes to
connect the development to county water and sewer in the initial phase (estimated to
begin 2012). A developer agreement between the Cape Fear Public Utility Authority
and the developer has been approved. Approval of final plans for Planned Development
Districts requires that the formal subdivision process will be followed and the applicant
will have to show provision of adequate water and sewer or septic prior to approval of
plats.
11/9/2010 Page 2 of 4 Z -880M
Board of Commissioners Meeting
11/15/2010
24-1-2
A traffic impact analysis (TIA) indicates trip generation of approximately 5,740 vehicles
per day, with p.m. peak hour traffic around 563 vehicles. A TIA approval letter from the
MPO, dated October 29, 2010, outlines the following requirements to mitigate traffic
impacts:
1. Provide 200 feet of storage on Rock Hill Road for the left turn onto Castle Hayne Road.
2. Stripe 250 feet of Castle Hayne Road (NC Hwy 133) as a dedicated left turn lane at the
Rock Hill Road intersection.
3. When warranted, install traffic signals at two intersections (Castle Hayne Road at
Chair Road and Castle Hayne Road at Rock Hill Road).
4. Access to the state roads requires an NCDOT driveway permit. NCDOT will recommend
widening two feet along each side of Chair Road.
5. If changes are made to the site driveways as proposed, the TIA will need to be revised.
The location is included in a small area plan produced for the Wrightsboro community in
1991. At that time, traffic, drainage, parks and litter were the predominant community
concerns. Improving safety and reducing traffic delays along Castle Hayne Road was an
objective in the plan. It also encouraged the county and NCDOT to require more than
one access road to new and existing developments. Among other objectives expressing
a desire for better drainage maintenance, public sewer, parks and library facilities, a
final objective was to maintain the moderate growth rate that Wrightsboro had
experienced over the past decades and to continue the established pattern of single
family zoning in the area. Scattered ruins on part of the property indicate past uses of
the site, but no evidence of significant historic structures exist. A family cemetery is
located on the site and is considered a conservation resource which must be preserved
or relocated. The applicant has expressed intent to preserve the cemetery in its current
location and the particulars of preservation efforts will be determined when this phase
of the development is approved by the Technical Review Committee.
This project encompasses two of the four Resource Protection land classification sub-
classes. The northwestern portion of the property to be rezoned is designated Aquifer
Resource Protection and the southwestern parcels are Wetland Resource Protection.
The 2006 Update of the Joint CAMA Plan describes the purpose of the Resource
Protection class as to provide for the preservation and protection of important natural,
historic, scenic, wildlife and recreational resources. The Resource Protection class has
been developed in recognition of the fact that New Hanover County, one of the most
urbanized counties in the State, still contains numerous areas of environmental or
cultural sensitivity which merit protection from urban land uses.
The protection strategies developed for each of the subclasses is intended to be more
in tune than previous plans with the specific resource being protected and not a one -
size- fits -all approach. The following paragraphs summarize the nature of the
resource, the threat to the resource, and the focus of protection strategies.
11/9/2010 Page 3 of 4 Z -880M
Board of Commissioners Meeting
11/15/2010
24 -1 -3
1 Aquifer Resource Protection — This subclass occurs in the Northwest part of the
County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee
Aquifers secondary recharge occurs. The impacts that the resource is being protected
from is diminished recharge of the aquifer and contamination of the aquifer by
inappropriate land uses.
2 Wetland Resource Protection —This Resource Protect subclass is primarily in the
northeastern part of the county. The impact from which protection is needed is loss of
wetland areas to development. The primary resource protection strategies focus on
encouraging preservation of wetlands and wetland functions.
STAFF COMMENTS:
Staff generally supports the modification for several reasons. First, it complies with
maximum density limitation of no more than 2.5 units per acre in Resource Protection
classification. Second, the required Continuing Care component remains part of the
master plan. Finally, the expansion provides an important street connectivity to Rock
Hill Road for alternative flow of traffic as well as emergency evacuations of the Chair
Road /Rock Hill Road area. The Traffic Impact Analysis has been modified to reflect the
requested master plan changes. The expectation for roadway improvements is an
important consideration when weighing the reasonableness and public interest aspects
of expanding the project. Subject to implementation of the traffic improvements
outlined in the TIA letter of approval dated October 29, 2010 and the revised Master
Plan and Site Data table dated 10120110, Staff recommends approval of the amended
Planned Development District.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a
statement describing whether its action is consistent with an adopted comprehensive
plan and explaining why the board considers the action taken to be reasonable and in
the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -20
Residential district to Planned Development District as described is:
1. Consistent with the purposes and intent of the Resource Protection classification
on the 2006 CAMA Land Use Plan Land Classification Map and goals outlined in
the 1991 Wrightsboro neighborhood plan.
2. Reasonable and in the public interest to add 79.4 acres to an existing 237 acre
Planned Development master plan at the western end of Chair Road when all
infrastructure connections and improvements are installed and other requirements
are met.
11/9/2010 Page 4 of 4 Z -880M
Board of Commissioners Meeting
11/15/2010
24-1-4
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24-4- 1
VS
WILMINGTON URBAN AREA
Metropolitan Planning Organization
P.O. Box 1810
Wilmington, North Carolina 28402
910 341 3258 910 341 7801 FAX
Members:
City of
WILMINGTON
Lead Planning Agency
Town of
CAROLINA BEACH
Town of
KURE BEACH
Town of
WRIGHTSVILLE BEACH
NEW HANOVER
To: Mr. Rynal Stephenson, PE, Ramey Kemp & Associates
From: Mr. Mike Kozlosky, Executive Director, Wilmington MPO
Cc: Mr. Sam Burgess, Principal Development Planner, New Hanover County
Mr. Chris O'Keefe, Director of Planning & Inspections, New Hanover County
Mrs. Tara Murphy, Associate Transportation Planner, Wilmington MPO
Mr. Anthony Law, District Engineer, NCDOT
Mr. David Leonard, Assistant District Engineer, NCDOT
Mrs. Katie Hite, Division Traffic Engineer, NCDOT
Re: Memorandum Approving the Rose Hill Landing Development
Traffic Impact Analysis
Date: October 29, 2010
County
City of Wilmington and North Carolina Department of Transportation ( NCDOT) staff have
reviewed the Rose Hill Landing Development Traffic Impact Analysis (TIA) report dated
Town of
BELVILLE
August 03, 2010. The report has been accepted and appears to meet the minimum
requirements for TIA submittal. As per MPO and NCDOT review, the developer is responsible
Town of
for constructing the following improvements:
LELAND
Rock Hill Road :
Town of
Provide 200 feet of storage for the left turn onto Castle Hayne Road.
NAVASSA
Castle Hayne Road (NC HWY133):
BRUNSWICK
Stripe 250 feet as a dedicated left turn lane at the Rock Hill Road intersection.
County
Intersection Improvements:
PENDER
Improvements at the following intersections shall be required by the applicant when
County
warranted:
■ Castle Hayne Road (NC HWY133) at Rock Hill Road
CAPE FEAR
Castle Hayne Road (NC HWY133) at Chair Road
Public Transportation
A signal warrant study, including current traffic counts, shall be performed at the
Authority
intersections referenced above every two years or as directed by NCDOT. The applicant
shall coordinate these signal warrant studies with the NCDOT Division 3 Traffic Engineer.
North Carolina
A closed loop signal system shall be required for these signals utilizing fiber optic cable or
BOARD OF
wireless communications. Metal pole supports with mast arms shall be required for these
TRANSPORTATION
signals. Prior to design and construction of these signals, a Traffic Agreement must be
executed. Contact the NCDOT Division 3 at (910) 251 -5724 for more information. If a new
signal cannot be installed due to existing constraints, other traffic control options may
need to be explored in order for the intersection to function properly.
The applicant is required to obtain an NCDOT driveway permit for access to the state road
network. All applicable NCDOT driveway access technical standards and policies shall apply.
Note that NCDOT will recommend 2 feet widening alone each side of Chair Road which will
be addressed during the driveway permitting process.
If changes are made to the proposed site driveways, the current trip distribution may need to
be modified and would require a revised Traffic Impact Analysis to be submitted for review by
NCDOT and the WMPO. This approval (dated 10.29.10) would become null and void.
Please contact me Y6 T% w m l further questions regarding this approval.
24 -5 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 25
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Nicole Dreibelbis, Planner
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Nicole Dreibelbis, Planner
SUBJECT:
Public Hearing
Rezoning Request (Z -906, 10 /10) — Request by Withers & Ravenel for Swartz Properties to Rezone
0.35 Acres at 5946 Carolina Beach Road from R -15 Residential and B -2 Commercial District to B -2
Commercial District
BRIEF SUMMARY:
At its October 7, 2010 meeting, the Planning Board voted 5 -0 to recommend approval of the B -2 rezoning.
No one from the public spoke on this item.
The site is classified as Transition on the 2006 CAMA Land Classification Map
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior
to adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from
R -15 Residential and B -2 Highway Business district to B -2 Highway Business as described is:
1. Consistent with the purposes and intent of Policies in the 2006 CAMA Land Use
Plan relating to commercial uses within close proximity to the markets they serve
and ensuring that such commercial uses do not diminish the quality of life in nearby
residential areas.
2. Reasonable and in the public interest to rezone 0.35 acres at 5946 Carolina Beach
Road from R -15 Residential and B -2 Highway Business to provide greater depth to
adjacent Commercial Districts and remove an area of split zoning.
ATTACHMENTS:
Z -906 Staff Summary
Z -906 Petition Summary
Z -906 Adjacent Property Owner Map
A -906 Subdivision Plat Map
A -906 Tax Map
Z -906 Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
11/15/2010
25 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/15/2010
25 -0
CASE: Z -906
PETITIONER: Swartz Properties /Withers & Ravenel
REQUEST: Rezone from split R -15 Residential and B -2 Commercial to B -2 Commercial
ACREAGE: Approximately 0.35 acres
LOCATION: 5946 Carolina Beach Road
LAND CLASS: Transition
PLANNING BOARD ACTION: At its October 7, 2010 meeting, the Planning Board voted 5 -0 to
recommend approval of the B -2 rezoning. No one from the public spoke on this item.
STAFF SUMMARY
The subject property is located in the southern portion of the county in an area classified as Transition
on the 2006 CAMA Land Classification map. The subject property fronts Carolina Beach Road, an urban
principle arterial.
Traffic counts north of the site, at Sanders Road, indicate an increase in average daily traffic from
38,258(2009) to 39,573 (2010). Carolina Beach Road has a 2007 LOS of E, meaning the road is operating
at its design capacity. A traffic impact analysis is required for any use generating 100 peak hour trips.
The subject property is currently split zoned R -15 medium density residential and B -2 highway business.
Zoning to the north of the subject property is zoned B -2 and conditional commercial zoning is present
southwest of the site.
The subject property is located within the Lord's Creek watershed drainage area which is classified C
(Sw). The property is not within the 100 year flood zone. Soil maps indicate that the property has Class I
Rimini Sand. Water is provided by Aqua NC, a private provider in the southern portion of the county and
sewer is provided by the Cape Fear Public Utility Authority.
Land Use Plan Considerations:
The purpose of the B -2 Highway Business District is to provide for the proper grouping and development
of roadside business uses which will best accommodate the needs of the monitoring public and
businesses demanding high volume traffic. The district's principle means of ingress and egress shall be
along collector roads, minor arterials, and /or major arterials as designated on the County's
Thoroughfare Classification Plan. No B -2 District shall be less than 5 acres.
The 2006 CAMA Land Use Plan adopted policies relating to land use and urban design. Policy 4.3 of the
Land Use Plan maximizes the effectiveness of commercial uses by assuring that land is available for
Board of Commissioners Meeting
11/15/2010
25 -1 -1
commercial uses within close proximity to the markets they serve and by ensuring that such commercial
uses do not diminish the quality of life in nearby residential areas.
Staff feels the request is consistent with the 2006 CAMA Land Use Plan and recommends approval.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15 Residential and
B -2 Highway Business district to B -2 Highway Business as described is:
1. Consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to
commercial uses within close proximity to the markets they serve and ensuring that such
commercial uses do not diminish the quality of life in nearby residential areas.
2. Reasonable and in the public interest to rezone 0.35 acres at 5946 Carolina Beach Road from
R -15 Residential and B -2 Highway Business to provide greater depth to adjacent Commercial
Districts and remove an area of split zoning.
Board of Commissioners Meeting
11/15/2010
25 -1 -2
Case: Z -906 (10 /10)
Rezone 0.35 acres from R -15 & B -2 to B -2 Commercial
Petition Summary Data
5946 Carolina Beach Road
Owner /Petitioner Swartz Properties /Withers & Ravenel
Existing Land Use: Parking
Zoning History: Area 4 (April 7, 1971)
Land Classification: Transition
Water Tye Private -Aqua NC
Sewer Type: Public
Recreation Area: Monterey Heights and Veterans Park
Access &Traffic Volume: Carolina Beach Road (urban principal arterial) with LOS E
The ADT on Carolina Beach Road, slightly south of Sanders Road, have increased from
38,258 (2009) to 39,573 (2010).
Fire District: Myrtle Grove Fire District (MGFD)
Watershed & Water Quality Classification: Lords Creek; C; Sw
Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian
aquifer containing fresh water over salty water.
Conservation /Historic /Archaeological Resources: None
Soils: Rimini Sand (Rm) - 1 to 6 percent slopes
Septic Suitability: Class I- Suitable /slight limitations
Schools: Bellamy Elementary School
Board of Commissioners Meeting
11/15/2010
25 -2 -1
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25 -4 -1
Board of Commissioners Meeting
11/15/2010
25 -5 -1
NEST HANOVER COUNTY
n PLANNING & INSPECTIONS
ip,
DEPARTMENT
{ :: Z ZONING MAP AMENDMENT
APP
SUBMISSION REQUIREMENTS
G vex ment Cernter Drive
Suite 110
Wilmington, NC 28403
910-798-7165 phone
910 -798 -7053 fax
www.nhcgov.corn
PLEASE READ ARTICLE X1 OF THE ZONING ORDINANCE PRIOR TO SUBMISSION
Petitions must be reviewed by Planning & Zoning for completeness prior to acceptance. You are enc ur ged to consult with
a Planner prior to submission. For Petitions involving five 5 acres or less a fee of $400.00 will be charged; for those of more
than five 5 acres a fee of $600.00 will be charged. This fee, payable to New Hanover County, MUST accompany this
petition. The following supplemental in onnati n is required:
1. One copy of the New Hanover County Tax Map, which delineates the property requested for rezoning.
2. Legal description, by metes and bounds) of property requested for rezoning.
3. Copy of the subdivision map or recorded plat which delineates the property.
4. Applicant's answers to the questions on this application.
5. Authority for appointment of agent form if applicable)
6. Verify that no zoning action has taken place on any portion of the property within the past 12 months (consult with
staff),
'. Any special requirements f the ordinance (For example, Section 53.5 for Planned Development District, Section 53.6
B ception l Design Zoning District or Section 59.9 Riverfront fixed Use f i triet ).
8. Report on Community information meeting (see Section 111-2. 1) if applicable.
RE VIEW PROCEDURES
Petitions for change of zoning are first referred to the New Hanover County Planning Board and then acted upon by
the New Hanover County Board of Commissioners. Certain specialized districts i erf'r nt Mixed Use, Planned
Development, and Exceptional Design Zoning District) may require revie w by the Tec ni al Review Committee (TRQ prior
to application submission.
Page 1 of 3
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25 -6 -1
M - 4/10
Complete petitions and supplementary information must be reviewed and accepted by P lanning & Zoning twenty
worldng days before the Planning Board meeting to allow adequate time for processing and advertisement as required
by the North Carolina General Statutes.
Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at
5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington,
North. Carolina.
If the Planning Board approves your petition, the request will a utomatically be referred to the Board of Count
Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can advise you
regarding appeal procedures. Please note there is a 12-month wait required between subsequent rezoning requests on the same
parcel or any part o it, (reference Section 111-3).
The owner /applicant and or authorized agent should plan, to attend all meetings at which this request will be heard.
WHAT YOU MUST ESTABLIS
FOR A CHANGE of ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The
North. Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required t adopt statements that the elan i or is not consistent, reasonable, and i the
public's interest. Since amendments to zoning maps should also be based on a Lard Use Plan, you must explain how your
request satisfies each of the following win requirements: (Fill in below or attach additional pages) .
1. How would the requested change be consistent with the County's Policies for Growth and Development?
Policies for growth & development encourage continued efforts to attract and retain
businesses. The property is used c ommercially, but currently nsidered non - conforming
because it has a pa rtial overlay of a residential district . The blisiness can not expand or
seek major improvements until the inconsistency is corrected.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The property is within a "Transition" CAMA land classification. That designation is
applied to provide or future intensive urban development where there are necessary urban
services. husin ss district assignment is consistent with other properties along the
major road corridor and in the proximity.
3. what significant neighborhood changes have occuiTed to sae the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
The small strip of residential zoning appears to a remnant left over from other
commercial. and mixed -use zoning amendments that. have occurred around it. It has been
historically used for commercial purposes and is not appropriate for a low-density
residential use, based on the existing uses surrounding it.
Page 2 of
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25 -6 -2
M -05/10
M
4 . How will this change of zoning serve the public interest?
The proposed zoning change will bring a use that has been substantially operating for the
past several years into compliance, while there has been no evidence that surroundin
property values have been adversely affected because of it.
In sig this petition, understand that the existing zoning map is presumed to a correct and that have the
burden of proving why change is in the public interest. I further understand the singling out f one parcel of land for
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I
certify that this application is complete and that all information presented in thi's application is accurate to the lest of
any knowledge, information, and belief,
c
Signature Petitioner anvV#r Pro Owner
Page 3 of 3
IND E WOLF
Print Name
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MA -05/10
1 91
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 26
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Sam Burgess, Subdivision Review Planner
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Sam Burgess, Subdivision Review
Planner
SUBJECT:
Public Hearing - NOTE: This item will be delayed until December 6, 2010.
Subdivision Text Amendments (A -387) — Request by the County's Technical Review Committee (TRC)
to Amend Sections 20, 41 -1, 52 -4 of the County's Subdivision Ordinance by Incorporating Specific
Language, Road Profiles, and Design Standards for Private Streets
BRIEF SUMMARY:
At their October 7, 2010 meeting, the Planning Board voted 5 -0 to recommend approval of the
amendment with language modification to Section 52 -4.
Three people spoke in support of the amendments and allowing licensed landscape architects to certify
private road construction drawings.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Action Needed:
Motion to recommend approval as presented; or
Motion to recommend approval with changes; or
Motion to continue; or
Motion to deny the proposed text changes and additions.
ATTACHMENTS:
A -387 Staff Summary
A -387 Street Construction Standards
A -387 Definitions
A -387 Road Standards Matrix
A -387 Private Street Profiles
A -387 Private Cul -de -Sac Profiles
A -387 Private Turnarounds Profiles
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
11/15/2010
26 -0
The item was delayed until December 6, 2010.
Board of Commissioners Meeting
11/15/2010
26 -0
CASE: A -387 (09/10)
APPLICANT: Planning & Inspections staff
SUBDIVISION TEXT AMENDMENTS
Request by Staff to amend Sections 20 (Definitions &Interpretations), 41 -1 (7) & (i) (Streets &Street
Projections), 52 -4 (Streets), and add road profiles and design standards to Article VII (Appendices &
Certificates) to the County Subdivision Ordinance.
Planning Board Action
At their regular meeting on October 7, 2010, the Planning Board recommended approval with language
modification to Section 52 -4. The vote by the Board was 5 -0. Several individuals spoke at the meeting in
support of allowing licensed landscape architects to certify private road construction drawings.
Background:
During the past year, a Private Road Task Force Committee composed of several County departments,
NCDOT, WMPO, and interested stakeholders have been working on a series of proposed guidelines that
will enable land planners, engineers, landscape architects, and surveyor's flexibility in designing new site
plan proposals that incorporate private streets. The intent on developing private street language
provides a clear delineation between public and private streets, maintenance responsibilities, reduction
of impervious surface, and minimizes the elimination of significant trees through flexible geometric
street standards.
The profiles and language created by the Task Force:
• Revise Portions Article II, Section 20 - Definitions
• Language Adjustments Article IV, Section 41 -1- Specific Requirements
• Language Re -Write Article V, Section 52- 4— Streets (Public &Private Standards)
• Add Article VII: Appendices &Certificates
- Matrix Table: Private Road Design Standards
- Private Street Cross Section (standard detail)
- Private Street Cul -de -Sac (standard detail)
- Private Street Turn - Around (standard detail)
At its regular meeting on August 25, 2010, the County's Technical Review Committee endorsed the
private road text amendments by a vote of 5 -0.
Artinn NPPrIPrI
Motion to recommend approval as presented
Motion to recommend approval with changes
Motion to continue
Motion to deny the proposed text changes and additions
Board of Commissioners Meeting
11/15/2010
26 -1 -1
Section 52 -4 Streets (Total Re -write of Section)
All streets shall be constructed, inspected, and approved in accordance with the following requirements.
(05/02/88)
1) Construction —All street right -of -way segments designated as public or private shall be
constructed to minimum North Carolina Department of Transportation (NCDOT) standards.
These standards are available for review at the New Hanover County Planning and Inspections
Department, County Engineering Department, and at the Division Office of the NC Department
of Transportation.
Public Streets:
(A) Standards shall include drainage, bridge, right -of -way, and pavement design.
(B) The classification and as a result, the construction standards for a public street
segment may be upgraded to a higher classification if that street segment will
eventually be required to provide access to or collect traffic from future
development on adjacent properties.
(C) All public streets shall be inspected and approved by the District Engineer, NC
Department of Transportation, Division of Highways.
Private Streets:
(A) Streets designated as private shall be constructed to minimum construction
standards as adopted by New Hanover County and certified by a Licensed
Professional Engineer (PE) recognized in the State of North Carolina.
*Recommended language by Planning Board:*
(A) Streets designated as private shall be constructed to minimum construction
Standards as adopted by New Hanover County and certified by a professional legally
reco b a State of North Carolina licensin board as bein licensed to perform
such activities or undertakin
(B) Pavement design shall meet the requirements as specified and shown in the road
profiles depicted in Article VIII of the County's Subdivision Regulations under
Appendices &Certificates.
(C) Streets designated as private may be allowed in subdivisions once they are
reviewed and approved by the County's Technical Review Committee (TRC). In their
review, the TRC will consider unique physical conditions of the property including
but not limited to connectivity, topography, geometric design, storm water, tree
preservation, ingress and egress, reduction of speed to desirable or safe levels and
other safety measures and that sufficient language is provided through a legally
established property owner's association that the streets will be properly
maintained.
(D) Whenever a private street intersects a U.S., NC highway, or Secondary Road, an
approved NCDOT Driveway Permit signed by the District Engineer will be required
prior to final plat approval.
(E) Private road stubs and dead end streets shall be constructed /paved to the property
boundary and shall not contain gates or obstructions to qualify for connectivity
standards as stated in Section 41- 1(7)(f).
Board of Commissioners Meeting
11/15/2010
26-2-1
(F) Streets designed as collector roads that accept traffic from local streets will be
required to be designated as public and adhere to the standards under public
streets as noted above.
Private Road Construction Standards
Matrix Table for Road ROW Specifications, General Standards, and Road Profiles located in Article
VII: Appendices & Certificates of this Ordinance.
Board of Commissioners Meeting
11/15/2010
26 -2 -2
ARTICLE II: DEFINITIONS AND INTERPRETATIONS
Section 20 Definitions
For the purpose of this ordinance the following terms have been defined:
100 Year Flood Area - The area of 100 years flood inundation as shown on New Hanover
County's Official Flood Insurance Maps, as amended.
100 Year Coastal Hazard V Zone Area - The area of 100 year coastal flood inundation
with high velocity waters and hurricane action as shown on New Hanover County's
Official Flood Insurance Maps, as amended.
Barrier Islands - Any land formation composed of unconsolidated materials lying on the
ocean side of the mainland. Estuaries or wetlands separate the islands from the mainland.
Block - A parcel of land, which is entirely surrounded by public streets, highways,
railroad rights -of -way, parks or green strips, rural land or drainage channels, or a
combination thereof.
Building Setback Line - A line parallel to the property lines in front of which no structure
shall be built.
Corner Lot - A lot abutting two or more streets at a street intersection.
County En nee - A professional Engineer, registered in the State of North Carolina,
employed by the County Board of Commissioners to provide engineering services to
New Hanover County.
Developer or Subdivider - Any person, firm or corporation who subdivides or develops
any land deemed to be a subdivision as herein defined.
Double or Reverse Frontal
I A-
W
Easement A grant by the property owner for use, by the public, a corporation or person
of a strip of land for specific purposes.
Group Development A group of two or more principal structures built on a single lot,
tract, or parcel of land and designed for occupancy by separate families, firms,
businesses, or other enterprises.
Letter of Credit and Cash Security - A letter of credit or other instrument readily
convertible into cash at face value, deposited either with the County or in escrow with an
escrow agent acceptable to the County. If cash or other instrument is deposited in escrow
with a financial institution as provided above, then the subdivider shall file with the
Director of Engineer Services an agreement between the escrow agent and the subdivider
Board of Commissioners Meeting
11/15/2010
26 -3 -1
guaranteeing the following: (1) that said escrow account shall be held in trust until
released by the County as provided herein and may not be used or pledged by the
subdivider in any other matter during the term of escrow; and (2) that in the case of
failure on the part of the subdivider to complete the required improvements, the escrow
agent shall, upon notification by the County and submission by the County to the escrow
agent of an engineer's estimate of the amount needed to complete the required
improvements, immediately either pay to the County the funds estimated to complete the
required improvements, up to the full balance of the escrow account, or deliver to the
County any other instruments fully endorsed or otherwise made payable in full to the
County (10/07).
Lot - A portion of a subdivision or any other parcel of land intended as a unit for transfer
of ownership or for development, or both. The word lot also include the words "plot" and
"parcel".
Official Map or Plans - Any maps, plans, charts, or texts officially adopted by the County
Board of Commissioners for the development of New Hanover County.
Performance Bond - A performance bond from a surety financial guarantee company
authorized to do
Hanover County.
County (10/07).
business in North Carolina, made issued or made payable to New
The performance bond shall be in a form reasonably acceptable to the
Plans, Constructions - Plan, profile, and detail drawings sufficient to indicate the
construction of all improvements associated with the property to be subdivided, prepared
by a professional, legally recognized by a State of North Carolina licensing board as
being licensed to perform such activities or undertakings. (1/02)
Plat - Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land
which is to be, or which has been subdivided.
Plat, Preliminary - A map of proposed land subdivision showing the character and
proposed layout of the tract in sufficient detail to indicate the suitability of the proposed
subdivision of land.
Plat, Final - A map of a land subdivision prepared in a form suitable for filing of record
with necessary affidavits, dedications, and acceptances, and with complete bearings and
dimensions of all lines defining lots and blocks, streets and alleys, public areas and other
dimensions of land required by this ordinance.
LANGUAGE TO BE MODIFIED IN RED
.....:^,`. ...3, ded ...:.. P- n .. "'� ...::5. d .. ... un or un. .. )' il"' u se t o rr .,....5. .`rv' rV". t ,.: _ ... .. f.:^,`.`r .,.... _. ... ra
v � �,., _�.., �_ _. ....�. _ ,_ .�, _ � .� ._.._. ��,• s....y �� ..,, gr , ...,� rr �r �� 4 � �" ,.0 :r �' � S' � � ro a _ ;.�, .? „ Ar'� r �: �`. -�” r
t t i ts � , �s � � ff F l i E,�„+ �i t w ,... l ,�, S a s � � �,_ a � � 1r. 1r� 1� 3� 1 ��, ,. � }i _ t� �,�„+'E, t s a 3�� - a t fl s o .
2
Board of Commissioners Meeting
11/15/2010
26 -3 -2
Artet,�ial- Arterial t-oad s 1 .�.)t-ovide a hi speed, h.i volut,iie network (5i.,:)rti�avel
between two poitits of tnterest. The desi covers a broader range 'I v s. ('roi,-ii two I -
lane to ii iulti lan.e, at d is oriet ted i,-iiiore • toward Jet— cie-nit niobilit,v rath.er than pr( .,-),p ed,,
access. Exatriple- Market Stireet, Colle R(.,)ad
-vXAr;'Ar "n-arXT f*-ALi'Clill r1+4'1Ca1Ca+C1 +,&, ArZa C1XTr,+C%'JlJ AAL,f'JW&r1;AAL
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11ALME111+411i
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Pill 11 w 11111 11� 11 1 1 � 1�1 11111 11
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Collector: Collectors seirve a dual purpose, collecti-n traffic (-i,,,)r j.-riovenient 1)etweeini
arterial ainid local streets and providin Iii-nited access to abuttin properties. Ttwse streets
n.ot on.1 se),-N/,e traffFic t,-novemiet ts betweet arterials and local streets, Init t1rilrot"'I traffic
witiniti local areas. Collector streets are ptlblic facilities driat are ficee ot' ot- othet-
obstn"Ictions. Collector streets shall intersect witti existi-n or plan-ned collectot- ot- at-terial
(
streets. Drivewav cuts serviti i-ndividual pt-opeirty are and stiall be
j.-rii-nii-nized. Collector streets incit,"Ide sidewalks on one or both sides of the travelwa atid
often iticlude bic ("ii,'-wilities st,"Ich as bike laties or oft" road j.-ri-,L1lti,-use paths. Exarnple:
Torchwood Blvd, Ba Drive
MO
will I III • I J , j uill V ■
aL W. N1 N. J,
V 1% W ll§LVAVMLWLVJ§N§LwALm2MIJ51 V I I V rz 111111l1IllI1 1 11I will % I I "All 0 0 Ff. 6 LV
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Board of Commissioners Meetin
11/15/2010
26-3-3
C I L1[d(.2,Sac. A. street opet-�i at oi ie end tll-iat is planned. constructed, atid operated (i)r t[ile
11
sole pt,"Irpose ofpropert access. Cul-de-sacs shall include a at t[ile closed et-�id
of ttie street to peri-nit t-everse di-i-ection. In the ititerest of'pulAic service delivery respot-�ise,
the total let-�i ofa CLO-de-sac shall be j.-ii-ii-ni-i-nized. Example: At"nelia Couirt
Alle, Alle provide side or rear access to individL[al parcels driat fi ont on a hi,�, order
street. TI-ile are chat-acterized b narrow ri of-wa and travelwa widtfris to
a c c o tri.,i iodate passet-�i vehicles at d residen.tial services at slow speeds. Alleys g eneraltv,
connect at both et ds to local or collector streets. In sot'ne itistat-�ices. dead end alle are
pert-i-iissible with a veh.icle turt arout d at th.e tert,iii-nus of the travelwa No peri,-iiianent
park'Arn is allowed. Alley exam Lorin Alley
Local- I ocal stt-eets pt-ovide access to parcels and iiia I)e plan.ned. constructed, atid
operated for the fti-nctioi i ofpt-opet-t access and lil"nited throu traffic. Traffic volurnes
are lar short trips or a relativel si,-imll part of lo-n trips wl-i.ere local streets coririect
a 1(, - M-i"ll ow Ro ad
j or streets or hi ot'hi classifications. Street exarriptIL-I..
W
Street Stu[)s. A. dedicated ri o( wa-�,t, that abuts undeveloped propert"lly, )r t[ile purpose
of allowiti Future access, cot,rt,wctivity. or to lo extet-�id the stt-eet systet'n itito the
rri-) " I tj
-ow..,jin area. All street stul)s desi as public or private shall be paved to the
propert li-ne it-�i order to be counted toward the road coinnectivit re
It,/ W,
Tet,iiporar'v access bulbs to facilitate ade tur-narout-�id cot-�is-istrn ofan all weathered
SI'Llit"'i.--",.,,.I�,,c-li,-.1 i''iiav be re Win of bulb shall be ren-�oved when ad' i i latid is
j
developed. -No g ates or obstructiot-�is will be pern,iitted. Flowever. ade si
itistalled by the developet- to wart j,"'ttotorists of dead end sh.all I.-,,)e re
Si Distance- Area at ii aet-sectin street tt.",-iat estal)lish.es a clear li-ne ot'si fcir a
waiti-n vel-iicle to see oncoin,iin ci�tn.d tri.,iake turtiit-�i ri'lovemet ts into oroult ofs tree t
or drivewa saf'�l or for traf-fic to see enterin or waitin vehicles.
Plaza Area- An area adjacent to tl,,-ie roadway which serves as a pl-i 1,,-,,)arrier to direct
the flow oftra-11"ic at-�Id to sepat-ate traffic ttie activitv on. private property.
11
Board of Commissioners Meetin
11/15/2010
26-3-4
am = a i N MI I'm ILM2iiiiiii1mW4111.
V Jill
4 EL I W V i 11 11 r W 11 11
- All Ill 61 IVIIIIIIII III Ill
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Alle, Alle provide side or rear access to individL[al parcels driat fi ont on a hi,�, order
street. TI-ile are chat-acterized b narrow ri of-wa and travelwa widtfris to
a c c o tri.,i iodate passet-�i vehicles at d residen.tial services at slow speeds. Alleys g eneraltv,
connect at both et ds to local or collector streets. In sot'ne itistat-�ices. dead end alle are
pert-i-iissible with a veh.icle turt arout d at th.e tert,iii-nus of the travelwa No peri,-iiianent
park'Arn is allowed. Alley exam Lorin Alley
Local- I ocal stt-eets pt-ovide access to parcels and iiia I)e plan.ned. constructed, atid
operated for the fti-nctioi i ofpt-opet-t access and lil"nited throu traffic. Traffic volurnes
are lar short trips or a relativel si,-imll part of lo-n trips wl-i.ere local streets coririect
a 1(, - M-i"ll ow Ro ad
j or streets or hi ot'hi classifications. Street exarriptIL-I..
W
Street Stu[)s. A. dedicated ri o( wa-�,t, that abuts undeveloped propert"lly, )r t[ile purpose
of allowiti Future access, cot,rt,wctivity. or to lo extet-�id the stt-eet systet'n itito the
rri-) " I tj
-ow..,jin area. All street stul)s desi as public or private shall be paved to the
propert li-ne it-�i order to be counted toward the road coinnectivit re
It,/ W,
Tet,iiporar'v access bulbs to facilitate ade tur-narout-�id cot-�is-istrn ofan all weathered
SI'Llit"'i.--",.,,.I�,,c-li,-.1 i''iiav be re Win of bulb shall be ren-�oved when ad' i i latid is
j
developed. -No g ates or obstructiot-�is will be pern,iitted. Flowever. ade si
itistalled by the developet- to wart j,"'ttotorists of dead end sh.all I.-,,)e re
Si Distance- Area at ii aet-sectin street tt.",-iat estal)lish.es a clear li-ne ot'si fcir a
waiti-n vel-iicle to see oncoin,iin ci�tn.d tri.,iake turtiit-�i ri'lovemet ts into oroult ofs tree t
or drivewa saf'�l or for traf-fic to see enterin or waitin vehicles.
Plaza Area- An area adjacent to tl,,-ie roadway which serves as a pl-i 1,,-,,)arrier to direct
the flow oftra-11"ic at-�Id to sepat-ate traffic ttie activitv on. private property.
11
Board of Commissioners Meetin
11/15/2010
26-3-4
Section 41 -1 Specific Requirements
7) Streets
(a) Local Mine r streets shall be laid out so that their use by through traffic
will be discouraged.
(b) All streets shall be designated to be either public or private in accordance
with N. C. General Statute 136-102.6 by the subdivider who shall then
comply with the requirements of said General Statute and shall submit
concurrently with the final plat all disclosure statements required by said
General Statute.
(c) When a planned subdivision is adjacent to an arterial or street, a
marginal access street may be required to provide access for lots fronting
on the arterial or primary street.
(i) P I i c� Street Pro j ections
Where there are lots fronting street projections to adjacent properties and
services are required, a temporary turnaround shall be constructed at the
end of the street at the property line, said turnaround to be constructed in
accordance with NCDOT Specifications
1. Where there are no lots fronting street projections to adjacent
properties frontage, the frontage being more or less one side lot
length, the street may be constructed to the property line and
dead -ended with no cul -de -sac required in accordance with
NCDOT Specifications
- -- °fir - - ° - - ° °- -- - ° - - ° - -_
3. In any and all cases, the developer shall be responsible for the
cost of and placement of all required dead -end barricades and
signs .
4. Additional rights -of -way needed for a temporary turnaround at
the end of the street projections to adjacent properties shall be in
the form of temporary easements or rights -of -way reserved by
the subdivider. It is the intention that upon extension of the street
into the adjacent property the requirement for a cul -de -sac will
cease and that the temporary right -of -way granted for the cul -de-
sac construction will revert to the adjacent property owner.
5. Street projections proposed for access to adjacent properties shall
have temporary turnarounds installed in accordance with this
chapter and NCDOT Specifications.
Board of Commissioners Meeting
11/15/2010
26 -3 -5
Board of Commissioners Meeting
11/15/2010
26 -3 -6
ROAD DESIGN STANDARDS
Allev Cul -de -sac local Collector
ROW (R)
20
45
45
50
Travelway Width (W)
18
22
24
26
Minimum Horizontal Centerline Radius
55
100
100
200
Minimum Edgeline Radius at Corners
N/A
15
25
30
Pavement Design Standard (NCDOT)
Local
Local
Local
Collector
General Standards:
Minimum Offset Between Centerlines of Intersections
200
Tangent Length Between Horizontal Curves
100
Maximum Cul -de -sac Length
500'
Plaza Width (between back of curb and sidewalk)
5'
Sight Distance Triangle at Intersections
10'x70'
Board of Commissioners Meeting
11/15/2010
26-4-1
Crown w/ Vertical or Header Curb
R/W
,walk Plaza
6 S' min
± 2% Slope
,.,—Vertical Curb
4" Topsoil ----/
Seed and Stabilize
Crown w/ Valley or Slope Curb
R/W
Header Curb
Wx 0
Valley Curb
walk Plaza Slope Curb
6 S' min W
±2% Slope Std Slope 2% -4.0%
1 , 1' min l 1' min
4" Topsoil
Seed and Stabilize NCDOT Standard Pavement Design
Superelevated
R/W
Any Standard Curb
Sidewalk Plaza Swales fo Header
5 5' min W lr. aza Curb Design
- 2% Slope Std Slope 2% -4.0% min
NCDOT Standard Pavement Design
Notes:
1. Lane width (W) and Right -of -way width
(R /W) as given in the Subdivision Ordinance (Table ? ? ?)
2. All concrete to be 3000 psi.
3. Use NCDOT Subdivision Manual for minimum pavement design.
4. Use the standard NCDOT Curb Details.
5. Use the standard NCDOT Handicap Ramp Detail.
REVISIONS 0 �NTY.
G �° F DATE : -- 5/10 REV DESCRIPTION DATE APPROVED Private Street Section
o SCALE:
.�� Standard Detail NONE
sAIRLISM9 l� DRAWN BY:
NEW HANOVER COUNTY, NORTH CAROLINA REV: B.Karabin
ENGINEERING DEPARTMENT 03/04/10 CHECKED BY
J. lannucci
230 GOVERNMENT CENTER DRIVE, SUITE 180
SHEET NO: PROJECT No.
Board of Comr *ftMjtW0 Qg28403
OFFIC9 L14 � - 7139 FAX: (910) 798 - 7951
NCDOT Standard Pavement Design
Circular
Circular Offset
— — Any Approved
Curb
�$ t R =15 min
OC
I
Any Approved
Curb
�I
REVISIONS
REV DESCRIPTION DATE APPROVED �w�- a ��, Residential DATE:
z 9 02/08/10
Culmdemsac SCALE
NONE
Standard Detail
sA�rzsxe0 l� DRAWN BY:
B.Karabin
NEW HANOVER COUNTY, NORTH CAROLINA REV:
ENGINEERING DEPARTMENT CHECKED BY:
03/04/10 J. lannucci
230 GOVERNMENT CENTER DRIVE, SUITE 180
SHEET NO: PROJECT N0.
Board of Comr *ftMjtW0 Qg28403
OFFIC9: - 7139 FAX: (910) 798 -7951 Li / i i
/-R =15' min
Ln
REVISIONS G0 ,A3 y. o
REV DESCRIPTION DATE APPROVED ,w� Private Street 2/
o � 02/08/10
Turnaro SCALE:
NONE
BZISHEp1 Standard Detail
DRAWN BY:
'SrA` �' B.Karabin
NEW HANOVER COUNTY, NORTH CAROLINA REV:
ENGINEERING DEPARTMENT 03/04/10 CHECKED BY
J. lannucci
230 GOVERNMENT CENTER DRIVE, SUITE 180
SHEET NO: PROJECT N0.
Board of ComnW&MHW0 0 g28403
OFFIC14: W-7139 FAX: (910) 798 -7951
Ll / l
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 27
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing - NOTE: This item will be delayed until December 6, 2010.
Zoning Text Amendment (A -389) — Request by Staff to Amend Article VI and Article VII of the
Zoning Ordinance to Allow for Establishment of Farmers' Markets and Produce Stands Under
Certain Conditions
BRIEF SUMMARY:
At its October 7 , 2010 meeting, the Planning Board voted 5 -0 to recommend approval of an amendment
requiring standards for farmers markets or produce stands in residential districts.
No one from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of policy 5.7 and others adopted in the 2006
land use plan;
2. Reasonable and in the public interest to create a set of standards regulating farmers
markets and produce stands located in residential zoning districts.
e TT e ruXrF.1vTC -
A -389 Farmers Markets in Residential Districts
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
The item was delayed until December 6, 2010.
Board of Commissioners Meeting
11/15/2010
27 -0
A -389 Amendment to the Zoning Ordinance
Request by Staff to amend Article VI and Article VII to establish standards for Farmers
Markets or Produce Stands in Residential Districts.
Planning Board Action: At its October 7, 2010 meeting, the Planning Board voted 5 -0 to
recommend approval of an amendment requiring standards for farmers markets or produce
stands in residential districts. No one from the public spoke on this item. The ordinance
language presented to the Planning Board represented an array of provisions found in other
locations for farmers market or open lot agricultural sales.
History
Farming in New Hanover County has been rapidly declining, but the desire for fresh and local
food products has grown, generating an interest in expanding the areas where sales of these food
products would be allowed.
Farmers Markets have become a popular idea in the past few years. Often, they are operated on
public property in partnership with a city or other governmental entity, as in Wilmington, Carolina Beach
and the State Farmers Market in Raleigh. But a Farmers Market can also be a private enterprise, as we
see at Poplar Grove Plantation. Produce stands are also popular in our area.
Currently, our ordinance would allow such uses in commercial zoning districts subject to normal
commercial standards or on residential properties when the products are grown on the same site.
However, in the midst of our economic downturn, many individuals have pursued creative and
somewhat random means for generating income by selling produce and other goods by the roadside or
in locations other than commercial areas.
Farmers Markets are collective enterprises concentrated in a single location, leasing or
otherwise assigning spaces to grower- vendors selling produce and related farm products under a
consistent set of management guidelines and restrictions. Generally, all items must be grown, raised,
foraged, caught, or otherwise produced by the seller. By contrast, produce stands are typically
characterized by one vendor who sells a variety of farm products in one location for off site growers.
Farmers Markets and produce stands promote regional agriculture and ensure a continuing supply of
fresh, local produce for residents. These markets support farmers and preserve farmland for the future
by providing regional small family farmers with alternative opportunities to sell their fruits, vegetables
and other farm products.
While Farmers Markets and produce stands are desirable in concept, they can impose conflicts
and unsafe conditions along roadways or within residential communities when they are poorly located
or managed. In order to encourage local agricultural production, expand opportunities to market these
goods, and to accommodate availability of fresh and local food sources in closer proximity to where
people live, Staff recommends the following amendments to the zoning ordinance.
PROPOSAL
A -389 (10/10) Page 1 of 4
10/29/2010
Board of Commissioners Meeting
11/15/2010
27 -1 -1
Article II Definitions (add)
Farmers Market : a collective enterprise selling directly to the public and operated under a unified set of
management guidelines and restrictions, concentrated in a single location, and leasing or otherwise
assigning spaces to growers /producers who personally sell fresh produce and related farm products
locally grown off site.
Produce Stand: a single- vendor enterprise established to sell a variety of farm products directly to the
public in a single location for one or several off site growers.
ARTICLE VI SUPPLEMENTARY STANDARDS
Section 61 -5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts
Open lot sales of farm produce and related products may be allowed by right as a temporary use in all
residential zoning districts when all of the following standards are met:
(1) Sales are limited to a cumulative total of no more than 60 days per calendar year.
(2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible
products for temporary farmers markets or produce stands are fruits, vegetables, herbs,
flowers, eggs, meats, seafood, cheese, baked goods, jellies and jams, honey, and handmade
crafts, consistent with NC Food and Drug Protection Agency and the Department of Agriculture,
and all other federal, state and local laws relating to the production and selling of such goods. A
minimum of 75% of the products displayed and offered for sale must be directly linked to farm
products, and documentation of how these standards will be met shall be specified on the
submission for zoning approval.
(3) The proposed time schedule and duration of the use must be specified on the submission for
zoning approval.
(4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers
markets.
(5) The site shall front on a collector or arterial roadway.
(6) Approved NCDOT driveway permit is required.
(7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety
and minimize traffic impacts on surrounding areas.
(8) Adequate solid waste disposal methods must be provided for vendors and customers
(9) Only temporary signage shall be allowed for these temporary uses. A maximum of two (2)
temporary signs shall be allowed on site to advertise for the market as a whole.
a. Temporary signage consistent with the permit may be installed no more than 2 days prior to
the start of market activities and shall be removed at the conclusion of operating hours.
b. Individual signs shall not exceed 35 square feet in sign area. All permitted signs shall have a
maximum height of 6 feet and shall be setback a minimum of 10 feet from any property line.
c. Illumination of signage is prohibited.
(10) Parking Requirements
a. One (1) parking space is required for every eight hundred square feet (800) of gross
market area. Except that a minimum of two spaces is required. Spaces shall meet the
A -389 (10/10) Page 2 of 4
10/29/2010
Board of Commissioners Meeting
11/15/2010
27 -1 -2
minimum size requirements as identified in New Hanover County Zoning Ordinance,
Section 80 -6: Off - Street Parking Design and Space Size.
b. Parking shall be provide on the same site as the Farmers Market or produce stand, or
may be located off site provided that it is within four hundred (400) feet of the main
entrance of the market. If parking is provided off of the primary parcel then a written
parking agreement between the responsible party and the parcel owner shall be
provided prior to the issuance of any permit. Adequate and safe ingress and egress shall
be provided by the Farmers Market Management or the property owner.
C. All parking must occur in designated areas. No parking shall occur in any unimproved
parking surfaces such as, but not limited to landscape parking islands, medians, or
open /passive recreation space.
(11) A site layout showing the proposed marketing area (vendor spaces, staging, sales and display
areas, and customer promenades), parking, traffic circulation, lighting, waste disposal method,
signage and other site amenities must be submitted for approval.
(12) Tents or other shelters must meet fire safety codes and shall be disassembled after market
hours of operation. Tents shall be located so that they will not interfere with the normal
operations of any permanent use on the property.
(13) The proposed location may not be part of designated recreation, open space or common area
in an approved residential subdivision.
(14) Restroom facilities for the public may be required for complaince with NC Building Code.
(15) If structures are proposed or required, the plan shall be reviewed for compliance with the
Americans with Disabilities Act and other building codes.
(16) Live animals or birds shall not be sold or displayed.
(17) No bands, amplified music or other entertainment shall be allowed.
(18) No concessions for consumption on site and no cooking of products shall be allowed on the
site.
(19) No alcohol products shall be allowed.
(20) Any proposal for a permanent farmers market or produce stand, and any temporary farmers
market or produce stand proposing to exceed the standards or limitations outlined in this
section may be allowed at the discretion of the Board of County Commissioners only upon
issuance of a Special Use Permit under the terms and conditions outlined in Article VII of this
ordinance.
ARTICLE VII PROVISIONS FOR USES ALLOWED AS SPECIAL USES
Section 72 -40 Farmers Markets or Produce Stands in Residential Zoning Districts
A Farmers Market or produce stand, whether enclosed in a structure(s) or proposed as open lot sales of
farm produce, shall be allowed in residential zoning districts by special use permit when such use is
proposed as a permanent enterprise; when the provisions and standards of Section 61 -5 or 61 -6 of this
ordinance are not met; or when goods or activities are proposed which do not conform to Section 61 -5
or 61 -6. In reviewing proposals, the Planning Board and the Board of County Commissioners shall review
each application in accordance with the requirements of Section 71 -1(3) and more particularly with
regard to the following:
A -389 (10/10) Page 3 of 4
10/29/2010
Board of Commissioners Meeting
11/15/2010
27 -1 -3
(1) The shape, the environmental characteristics, the width and the physical location of the
property.
(2) The inclusion of a safe and enforceable management plan for pedestrian and vehicular traffic,
(including parking) both on the proposed site and along the adjacent roadway.
(3) The extent to which all adjoining residential uses will be protected from imposition of artificial
light, noise, dust, odors or debris generated by any and all of the proposed market uses.
(4) The inclusion of an adequate solid waste management plan to systematically remove discarded
products and other debris.
(5) Assurances of the authenticity of farm products and arts and crafts and a listing of goods to be
sold.
(6) The extent to which the range of standards, goods or activities for the proposal meets or
deviates from those standards outlined in Section 61 -5 or 61 -6 of this ordinance, whichever
applies.
(7) For permanent signage, the proposal must meet the requirements of Article IX of this ordinance.
Temporary signage shall be subject to the provisions of 61 -5.
(8) All structures or operations must comply with environmental health codes, fire codes and
building codes, as applicable.
Final approval or denial of any special use permit shall be made according to the judgment of the Board
of County Commissioners. The Board may decide that the proposal as submitted will benefit the
community without undue conflicts or that the proposal is not appropriate in the proposed location. If
approved, the permit may be conditioned by the Board when, in its wisdom, additional conditions are
necessary to mitigate specified negative impacts upon the community.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether the
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of policy 5.7 and others adopted in the 2006 land use
plan;
2. Reasonable and i the public interest to create a set of standards regulating farmers markets
and produce stands located in residential zoning districts.
A -389 (10/10) Page 4 of 4
10/29/2010
Board of Commissioners Meeting
11/15/2010
27 -1 -4
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 15, 2010
REGULAR
ITEM: 28
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Appointments are needed on the following boards:
Criminal Justice Partnership Advisory Board
Juvenile Crime Prevention Council
Planning Board
Tourism Development Authority
Zoning Board of Adjustment
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
ATTACHMENTS:
Committee Information and Applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made:
Criminal Justice Partnership Advisory Board
Rufus Dale Huffman was appointed in the Wilmington Police Chief Designee category.
Juvenile Crime Prevention Council
Noah W. Ponton was appointed in the Student category.
Planning Board
Anthony Prinz was appointed.
Tourism Development Authority
Board of Commissioners Meeting
11/15/2010
28 -0
James W. Pope was appointed in the Owner/Manager of a Carolina Beach Hotel category.
Zoning Board of Adjustment
Robert F. Cameron, Jr. was appointed as a Regular Member.
Peter M. DeVita was appointed as a Regular Member.
Joe Miller was appointed as an Alternate Member.
O. Frank Roberts, Jr. was appointed as an Alternate Member.
Board of Commissioners Meeting
11/15/2010
28 -0
COMMITTEE APPOINTMENTS
CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD
Minimum Required Members: 10
Current Membership: 11
Terms: 3 years, expiring 9/30/13
APPLICANT C,ATFC -30RY
Rufus Dale Huffman Wilmington Police
Chief Designee
Attachments: Committee Information sheets
Applications
ELIGIBLE FOR
REAPP OINTMENT
Board of Commissioners Meeting
11/15/2010
28 -1 -1
NEW HANOVER COUNTY
CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD
Members: A county board or a multi - county board shall consist of not less than 10 members;
and shall, to the greatest extent possible, include the following: county commissioner, county
manager or designee, superior court judge or designee, district court judge or designee, district
attorney or designee, criminal defense attorney, public defender, county sheriff or designee, chief
of police or designee, probation officer, community service coordinator, 1 member from each of
the following: mental health, public health, substance abuse, employee training,
community -based corrections program, victim services program, member of business
community, member of community who has been a victim of crime; and at -large members
including persons who are recovering from chemical dependency or are previous consumers of
substance abuse treatment services.
Term of office: 3 years
Regular Meetings: Meetings are held four times a year on the 4 Friday at 10:30 a.m. in the
Lucie Harrell Conference Room, at the New Hanover County Government Center, 230
Government Center Drive, Wilmington, NC.
Statute or Cause Creating Task Force: NC General Assembly established Criminal Justice in
1994. (G.S. 1436 - 273.10, County Criminal Justice Partnership Advisory Boards)
Purpose: The purpose of the advisory board is to develop community -based solutions to the
problems of rehabilitation and punishment for criminal offenders. The goals will be to reduce
recidivism, to reduce the number of probation revocations, to reduce alcohol and drug
dependency among offenders and reduce the cost of incarceration now being paid by counties
and the State.
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Business Community
First 1124/05
9/30/08
David L. Miller
Second 9/22/08
9/30/11
105S.5 th Street
Wilmington, NC 28401
772 -2058 (H) 252 -4983 (W)
Criminal Defense Att
Unexpired 2/18/08
9/30/09
Samuel J. Randall, IV
First 9121/09
9/30/12
200 Georgia Avenue
Carolina Beach, NC 28428
Office Address: 324 Village Road
Leland, NC 28451
294 -2505 (H) 253 -5124 (W)
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Alex Dale
First 9/22/08
9130111
1312 Legacy Lane
Wilmington, NC 28411
681 -0385 (H) 794 -4805
Board of Commissioners Meeting
11/15/2010
28 -1 -2
CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD
County Commissioners' Designee
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
S. Ryan Estes
First 9/21/09
9/30/12
715 North Fourth Street, Unit 301
230 Government Center Drive, Suite 195
Wilmington, NC 28401
798 -7184 (W)
336 - 926 -2896 (H) 588 -4404 (W)
District Attorney 's Des i nee
First 6122109
Mike Maume, PhD
First 9/20/2010
9/30/13
UNCW Dept of Sociology and Criminology
341 -1403
601 S. College Road
District Court Jude
First 6/22/09
Wilmington, NC 28403 -5978
Chief Judge J. H. Corpening, 11
962 -7749 (W)
341 -1129
Mary Springer
First 9/21/09
9/30/12
915 South Seventh Street
Jennifer Harjo
Wilmington, NC 28401
232 -3403 (C) 251 -7090 (W)
251 -1068 (H)
Division of Community Corrections
First 6122/09
Gregory H. Stone
First 1/24/05
9/30/08
618 Wild Dunes Circle
Second 9/22/08
9/30/11
Wilmington, NC 28411
681 -0996 (H)
County Commissioners' Designee
Unexpired 11/2/09
9/30/12
Chris Coudriet, Assistant County Manager
New Hanover County Government
230 Government Center Drive, Suite 195
798 -7184 (W)
District Attorney 's Des i nee
First 6122109
9/30/12
Assistant District Attorney Janet Coleman, Chair
341 -1403
District Court Jude
First 6/22/09
9130/12
Chief Judge J. H. Corpening, 11
341 -1129
Public Defender office
First 2/15/10
9130113
Jennifer Harjo
232 -3403 (C) 251 -7090 (W)
Division of Community Corrections
First 6122/09
9/30/12
Assistant District Manager Brien H. Campbell
251 -5757
Revised: 9/30/2010
Board of Commissioners Meeting
11/15/2010
28 -1 -3
10/22/2010 11:27 9103433625 CID INUEST PAGE 02/02
NEW NANO IA R COUNTY ;
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Why do ywj wish to Mwve on ihls 6 g
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in all utters of th& Cr Zustioe Sosi^d.
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Board of Commissioners Meeting
11/15/2010
28 -1 -4
COMMITTEE APPOINTMENTS
JUVENILE CRIME PREVENTION COUNCIL
Membership limited to no more than 26 (currently 25 members)
Vacancy: 1 High School Student
Terms: 2- years, expiring 9/30/12
APPLICATION
ELIGIBLE FOR
CATEGORY REAPPOINT
Noah W. Ponton Student
Attachments: Committee Information Sheets
Application
Board of Commissioners Meeting
11/15/2010
28 -1 -5
NEW HANOVER COUNTY
JUVENILE CRIME PREVENTION COUNCIL
Members: Representatives from the following categories: school superintendent or
designee, police chief or designee, sheriff or designee, district attorney or designee, chief court
counselor or designee, AMH /DD /SA director or designee, DSS director or designee, county
manager or designee, substance abuse professional, member of faith community, county
commissioner, 2 under age 18, juvenile defense attorney, chief district judge or designee,
member of business community, health director or designee, United Way or other non- profit
member, parks and recreation representative, and up to 7 at -large members appointed by County
Commissioners. (Limited to no more than 28.)
Terms: 2 -year terms (Changed from 3 year terms to reflect requirements of General Statutes)
9/06
Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:30 p.m.) in Human
Resources Training Room B in the New Hanover County Government center, 230 Government
Center Drive, Wilmington, NC.
Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12121/98.
Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are
at -risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify
community risk factors; recommend allocation of state funding for youth programs that address
these risk factors; and evaluate the effectiveness of these programs.
Board of Commissioners Meeting
11/15/2010
28 -1 -6
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Business Community
First 9/22/08
9/30/10
Joe Miller
Second 9/20/10
9/30/12
7103 Centallion Court
Wilmington, NC 28411
538 -5639 (C) 796 -1022 (W)
Faith Community
First 9/20/10
9/30/12
Tanya Bell Millhouse
626 Tabor Lane
Wilmington, NC 28405
297 -8224 (C)
Juvenile Defense Attorney
First 9/20/10
9/30/12
Charlotte Noel Fox
1504 Lamplighter Way
Wilmington, NC 28403
395 -4798 (H) 815 -0085 (W)
Parks and Recreation Representative
First 6/18/07
9/30/09
Ryan Tunstall, Wilmington Recreation Dept.
Second 9/21/09
9/30/11
453 Drake Court
Wilmington, NC 28403
341 -0057 (W)
Board of Commissioners Meeting
11/15/2010
28 -1 -6
JUVENILE CRIME PREVENTION COUNCIL (CONY.
Board of Commissioners Meeting
11/15/2010
28 -1 -7
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Under Age 18 (Student)
First 9/21/09
9/30/11
Deshon Montrael Barfield
2206 Metts Avenue
Wilmington, NC 28403
762 -3643 (H) 228 -9516 (C)
Vacancy
Members -at -Large
First 8/14/06
9/30/09
Henry L. Batts, Jr.
Second 9/21/09
9/30/11
2 Diamond Drive
Castle Hayne, NC 28429
675 -9648 (H)
Hattie Cooper - McIver
First 8/14/06
9/30109
c/o Wilmington Housing Authority
Second 9/21/09
9/30/11
1524 S. 16th Street
Wilmington, NC 28401
793 -2022 (H) 341 -3217 (W)
William Austin Crews, Jr.
First 8/14/06
9/30/09
5386 New Centre Drive, Apt. C
Second 9/21/09
9/30/11
Wilmington, NC 28403
262 -8199 (H/W)
Glenn W. Drew
First 9/22/08
9/30/10
7421 Coker Court
Wilmington, NC 28411
681 -0463 (H) 470 -0646 (C)
Ryan Estes
First 9/21/09
9/30/11
715 North Fourth Street, Unit 301
Wilmington, NC 28401
336 - 926 -2896 (C) 588 -4404 (W)
Nora Henry Hargrove
First 9/21/09
9/30/11
2330 Waverly Drive
Wilmington, NC 28403
762 -5725 (H) 251 -7090 (X -222) (W)
Jake Hunt
First 9/20/10
9/30/12
310 N. Front Street, Suite 4, #337
Wilmington, NC 28401
632 -9328 (H) 622 -5253 (C)
County Commissioners' Designee
Chris Coudriet, Chairman
Unexpired 11/2/09
9/30/11
New Hanover County Assistant Manager
230 Government Center Drive, Suite 195
Wilmington, NC 28403
798 -7184 (W)
Board of Commissioners Meeting
11/15/2010
28 -1 -7
JUVENILE CRIME PREVENTION COUNCIL (CONY.
Board of Commissioners Meeting
11/15/2010
28 -1 -8
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Agency Representatives:
District Attorney: Lillian Salcines Bright
Undesignated
Judge of District Court: Judge JH Corpening
Sheriff Department: Novella Harrell
Wilmington city Police: Melissa Moore
Substance Abuse center: Jane A. McDonald
DSS: Wanda Marino
Health Department: Diane Kirby
Juvenile Courts: Robert Speight
Mental Health: Amy Horgan
Schools: Dr. Rick Holliday
United Way: Tommy Taylor
NC JJ &DP Consultant: Jesse Riggs
Revised: 9/30/2010
File: /JCPC 9/10
Board of Commissioners Meeting
11/15/2010
28 -1 -8
NEW HANO VER COUNTY y.
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403 COMMITTEE A
Telephone (910) 798 -7149
FAX (910) 798 -7145
B New Hanover County Juvenile Crime Prevention Council
Name: Noah W. Ponton E -Mail: nwponton@ ao l . ca m
Home
Address: 4534 Noland Drive Wilmington 28405
o
Mailing Address if different:
(Cry)
Home Phone: ( 5 2 0 -3899 Fax:
Cell. (910) 5 20 -8481
Years living in
New Hanover County: 15 Male: v*' Female: Race: Caucasian
(Information for the purpose of assuring a cross-section of the communty)
Employer. None
A person currently employed by the agency or department for which this application is made, must resign hislher position with
New Hanover County upon appointment, in accordance with Article V1, Sec. 4 of the New Hanover County Personnel Policy.
occupation N one
Professional Activities N one Ar
Volunteer A ctivities: Teen Court, Murrayvil l e E le m e n t ary , Student Govt. Youth Pres. E co Club
Why do you wish to serve on this boardlcommittee? To he lp identify ways to ensure that at -risk
teens may become p members of our community.
Conffid of bidet If a board member believes ha&he has a conflict or potenfial conflict of interest on a parficular issue, that member should state this belief to the other
members of NsAw respecfive board during a public meefing. The member should state the nature of the conflict, detaihing that he�'she has a separate, private, or monetary
interest; either cfrect or inckrect in the issue under consideration. The member should there excuse himseffAherseff from vo trng on the matter.
What areas of concern would you like to see addressed by this committee? I bel it is importa
to take preventive measures in our schools and community to h s bullying.
Q ualifrcadons for serving : I am a dedicated student who is involved in my school and community.
I am great at communicating and working w ot h e rs toward a common cause.
Other municipal or county boardslcommittees on which you are serving: N one
List three local personal references and phone numbers:
IND livy I I-VIV
T Colleen Pate (910)350-1387
LI
2. Rick Ritter (910) 470 -1545
3. Sheila Evans (910)362-8000 Ext .10 6 NEW HANOVER CO.
Date: 10/28/2010
Applications are kept on rile far 18 months
Please use reverse side for additional comments
(ZQ Code)
Business:
Age: 15
Signature l
1 understand that this ap#o intment serves at the pleasure
of the New Hanover County Board of Commissioners.
Board of Commissioners Meeting
11/15/2010
28 -1 -9
This page intentionally left blank.
Board of Commissioners Meeting
11/15/2010
28 -1 -10
COMMITTEE APPOINTMENTS
PLANNING BOARD
1VACANCY
- Unexpired Term 7/31/13
APPLICANTS:
James D. A. "Jim" Felds
Mark T. Imperial
Susan Keelin
Todd King
Lisa Mesler
Scott P. Ogden
Anthony Prinz
David Pryse Thomas, Jr.
Jeff Thompson
Byron R. Toothman 111
Attachments: Committee Information Sheets
Applications
ELIGIBLE FOR
REA PPOINTMENT
Board of Commissioners Meeting
11/15/2010
28 -1 -11
NEW HANOVER COUNTY PLANNING BOARD
Number of Members: 7
t
Term of Office: Three years
Compensation: $20.00 per meeting
Regular Meetings: First Thursday of each month at 5:30 p.m. in the Assembly Room of the
New Hanover county Courthouse, 24 North Third Street, Wilmington, NC.
Statute or cause creating Board: N. C. General Statutes 153A -321. New Hanover County
Ordinance and Resolution establishing Planning Board dated September 2, 1980, for the purpose
of planning and making recommendations in order that the elected and appointed officials of the
County may competently perform their duties.
Brief on the functions: Make studies of the County and surrounding areas; determine
objectives to be sought in the development of the study area; prepare and adopt plans for
achieving these objectives; develop and recommend policies, ordinances, administrative
procedures, and other means for carrying out plans in a coordinated and efficient manner; advise
the Board of Commissioners concerning the use and amendment of means of carrying out plans;
exercise any functions in the administration and enforcement of various means for carving out
plans that the Board of Commissioners may direct; perform any other related duties that the
Board of Commissioners may direct. Much of the Board's time is consumed with Land Use
Planning, Zoning, and Growth Management Issues.
Board of Commissioners Meeting
11/15/2010
28 -1 -12
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Troy Barboza
Unexpired 7/12/10
7/31/12
6118 Chilcot Lane
Wilmington, NC 28409
796 -0672 (H) 262 -0321 (W)
Richard M. Collier, Chairman
Unexpired 5/21/07
7/31/09
3708 Needle Sound Way
First 7/20/09
7/31/12
Wilmington, NC 28409 -2829
790 -5769 (H) 520 -7754 (W)
Lori Harris
Unexpired 10/18/10
7/31/13
201 Silver Sloop Way
Carolina Beach, NC 28428 U ,, U ,40
458 -1533 (H) 409 -0202 (C)
C. Andrew (Andy) Heath, Jr., Vice- Chairman
First 7/21/08
7/31/11
3513 Aster Court
Wilmington, NC 28409
790 -4580 (H) 799 -8181 (W)
Board of Commissioners Meeting
11/15/2010
28 -1 -12
NEW HANOVER COUNTY PLANNING BOARD (CONY.)
Revised 10/18/2010
Board of Commissioners Meeting
11/15/2010
28 -1 -13
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Daniel Hilla
Unexpired 10/18/10
7/31/11
311 -8A Judges Road
Wilmington, NC 28405
585.4454 (H) 443 -4454 (W)
Melissa Gott Johnson
First 7/24/06
7131109
602 Chestnut Street
Second 7/20/09
7/31112
Wilmington, NC 28401
547 -8050 (H) 251 -5088 (W)
Tamara Carter Murphy
First 7/12/10
7131/13
5105 Exton Park Loop
Castle Hayne, NC 28429
623 -4011 (H) 251 -4048 (W)
Director: Chris O'Keefe
File: /Planning
Planning & Inspections Department
B/C #24 -10.10
230 Government Center Drive, Suite 150
Wilmington, NC 28403
798 -7155
Revised 10/18/2010
Board of Commissioners Meeting
11/15/2010
28 -1 -13
6- 10 8:21AM;FOCUSTAR MORTGAGE
New Hanover County
Board of Commissioners
COMMITTEE APPLICATION
Board/Committee: p lanning Board
Name James D. A. "Jim" Felds
Home
Address: 5309 Cl ear Run Drive Wilmington 28403
(Street) (City) (Zip Code)
Mailing Address if different:
E - Mail Address Jim@ Focus tarCapital . cam
Home Phone: 910 - 7 90 - 5566 Fax: 910- 796- -1956 Celt. 910- 352 -7119 Business: Co mm/Govt Fin
Years Living in
New Hanover County: 1 8 Male: Female: Race: X11 t o Age: 5 9
(inform ation for the purpose of assuring a cross section of the community)
Empl oyer: Focus tar Capital Group, LLC
(A person currently employed by the agency or department for which this application is made, must resign histher position with New Hanover County
upon appointment, in sccor dun cc with Article VI, Scction 4 of the New Hano County Personnel Policy.)
Occupation: Managing Principal
Professional Activities: Member - Banking Committee. Brunswick County - EDC
230 Government Center Drive
Suite 175
'Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (930) 798 -7145
Volunteer Activities p ast President, B 1 nai Israel Congregation
Why do you wish to serve on this board /committee? The fut ure pl adopted will be super influential
o n community gr and attractiveness to its current and futur citizenry.
Conflict of Interest I a board member believes he /she has a conflict or potential conflictof interest on a particular issue, that member should state this belief to the other
members of his/ her respective board during a public meeting. The member should state the nature of the conflict, derailing that helshe has a separate, private or monetary
interest, either director indirect, in fire issue under consideration. The member should then excuse himself /herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Sustainability of the beaches,
waterways, growth of rec facilities,the development of the North Side, and finances!
Qualifications for serving Expe rience in residential, commercial, & most recently gov' t finance.
Lifelong entrepreneur. Understanding of development and required capitalization.
Other municipal or county boards/committees on which you are serving: no ne
List three local personal references and phone numbers: I U I
1. Joel Tomaselli (910) 367 -1590 � u JUN 1 0 2010 u
Z. Jon Vincent (910) 256 -0101 NEW HANOVER CO. ^�
3. Walt Conlogue (910) 252 --5507
Date: L ld l jo Signature: -1 7 Applications are kept on file for 18 months
Board of Commissioners Meeting
11/15/2010
28 -1 14.�
;9107991925 # 1/ 1
Use revs side for additional comments
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board /Committee: Now B no ve r Cou P lanning B
Name: Mark T. Ingmrial
Home
Address 4903 Dewar s Circle Wilmington
230 Government Center Drive
Suite 17 5
Wilmington,NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
28409
(Street)
Mailing Address if different:
F�Mail Address: eri.a lm@unew . edu
Home Phone: 91 Fax:
cell: 910 -431 --2496 Business: 914 - 962 -7928
Years Living in
New Hanover County: 9 Male: Female: Race: Age: 42
(Inform stion for the perpose of asser ing a cro so sectio s of the c om m u ity)
Employer: University of North Carolina Wllzaington
(A person currently employed by the mgtocy or department for which tbis application is mode, must resign his/her position with New Hanover Cousty
upon appointment, is accordance with Article VI, Soc tie a 4 of the New Hanover Consty Pe3rsonael Policy.)
. Professor
Occupation:
Professional Activities: MPA program director, professor, local land use planning consulting work
Volunteer Activities Coalition mmeber Lower Cape Fear Stewardship Development Award Program
Why do you wish to serve on this board/committee? I wo rked as an analyst in an coastal mgt. agency
in RI and developed CAM plans locally. I feel my expertise would benefit the board
Conflict of Interest: if a board member believes he / she has a conflict or potential conflict of interest on a particular issue, tka t member should state this beliefto the other
members of his /her respective board during a public meeting, rho member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
Interest, either director indirect, in be issue under consideration. The member should then excuse him self/ herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Continue to try an d blanace the
need for econ . developa wnt while advancing our quality of life and protecting the envt .
Qualifications for serving: 3 years as enviromental policy analyst with RI CSC , developed CM4A
Plans for 3 beach c m mnities , other local goverment consulting, Ph-D. in Public Adm.
Other municipal or county boards /committees on which you are serving N one. I am a Coalition meaber o
F
the Lower Cape Fear Stewardship Development Aw ard Program and � C a _..�
List three local personal references and phone numbers: III i I I JUN 2 8 2010
1. Shawn Ralston, Senior Envirommental Planner, NBC 798-7444
2. Earl Sheridan, Dept. of Public and International Affairs, UN�:W', 910 f 2 � 4f
3 _ Roger Lowery, Chair, Dept. of Public and International Affairs, UNCUT, 910-962-3220
Date: June 28, 2014
Applications are kept on file for 18 mo etbs
(city)
(z ip Cod
Signature:
Use reverse side for additional cam men is
Board of Commissioners Meeting
11/15/2010
28 -1 -15
05/13/2010 16 :13 9102564036 PRUDENTIAL CRES PAGE 01
N ew Hanov County 230 G o v ernme nt Ceetcr Der ive
Board of Commissioners CO. TEE .APPLICATION sr ''` "
Wilmins"n, NC 28
Telophono: (910) 7987149
Fax: (9 1 0) 799.71 -15
w e w 13anever County planning B os►rd
&nrd /Coin ndttee. .M .... . J.
r
Name: Susan Keelin
Home
Add rasa: 1315 Cohn s Creae Road Wilm M ta , NC 294
(St reet) (C;17) (Tl Cock)
Mailing Add ress if diflerenti
E Address: BuBankee' 8 aproductiveapproach . com
H ome Phone: 910.7 92.1372 F ax: 910.2 0 8.213 6 Cell: 910, 40 9 -5433 Bas mess : 910.2 0 8.2101
Years LMag in
is
Age: 4
New Hanover County: .Male. Female: � .� : Race: mite --
(lnMrm ati++e for the purpwe of omkoriwlt a cress see don of tine comvoonity)
Employer. self - A productyve AWroa
(A rerrrea eurrres dy employc hr the ak eMty e r depar t t'e whicb t ■pplice i n is made, want re bio&er poeiden wait% N ew► R■wn.er C t!!A!y
opna rppoistmmt. Ina coordisnee with Article Vi. 5ecdon 4 of the New H avrever Coustr perpnnnef roikv.)
Occupation-@ A►t t4rney , F acilits►tor r Mediator
Professional Activities: see attached
Volunteer ActMtiesa Bea attached
ied
Why do you v4sh to serve m this bon nVcommittee? To use mfr t alonto and expertences for the goon, of
the oommuni ty I live in. Because I b i eve in publ servic and Vol =teeri sm .
Conflict of ft"roat Ir e DOW mem ber be he / she h a conOVci or Poo ntko► conllie of in form on a particuler issve. [h-at m omneor aAould stab this 6ellef to tho othw
members of his / her respective board daring a public meeting. The member should vote the nature of [Ae caaMcf, dwelling ibet hw$ha Act a &operate, private or ►honAlo►r
h7let*6t, either dlfwl or indirect. In die Issue un dor Consider The m sme or should the Wirs himself / herse rMM rotlnp oA MD nfatter.
What amens of co>icern would you like to sec addressed by this committee? To ensure that board members are
we1j.- inf a.med, thoughtful and deliberative before makinq reco=endations .
Q ualifications for serving: I have lived in Now Hanover County ay 'k m adult life and have spent
my career In real es to to r as a lawyer and wxneraal broker.
F
err municipal or county bo ards /emnittees on which you are serving: none
.List three local personal reh rences and phone numbers:
NEW HANOVER Co.
11 Wanda Copley 910 �..�� BD. OF COMMI
Z. Ken Shanklin 910. 762.9440
3. John Lennon 910.512.5895 t
: M ay 1 2 010 f
Signature:
4C- 1 L OL
Appliea Nos a are kept on Ale for I# wePtho
Board of Commissioners Meeting
11/15/2010
28 -1 -16
Ilse re r i- M I t6ide for add itiewol nom mea fa
05/13/2010 16:13 9102564036 PRUDENTIAL CRES PAGE 02
Addendum to
New Hanover County Planning Board Application
From Susan Keelin
May 13, 2 01. D
Professional Adivities:
North Carolina State Bar
North Carolina Bar Association
Dispute Resolution Section, NC Bar Association
Certified Mediator, North Carolina Dispute Resolution Commission
Real Estate Broker, North Carolina Real Estate Commission
Southeast Association of Facilitators .
Wilmington Chamber of Commerce
Volunteer Activities:
Pine Valley United Methodist Church, member
Pine Valley United Methodist Cburchi, Education Co ttee
aobn's Creek Homeowners Association, Board of Directors /Seeretwy
North Carolina Azalea Festival at Wihnington, legal cowl
Cape Fear Literacy Council, past director
W' on Rotary Club, past member
Board of Commissioners Meeting
11/15/2010
28 -1 -17
New Hanover County 234 Government Center Drive
Board of Commissioners COMMITTEE APPLICATION Suite 17 Wilm i n g ton, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Board/Committee: NHC planning Board
Name: Todd Mi ng
Home
Address: 61 G range Street
(Street) (City) (Zip Code)
Mailing Address if different:
E Address tk ingnc@yahoo.com
Home Phone: ( 9 10) 540 Fox: ( 91 0) 2 5 6 - 0 0 IZ Celt: ( 910 540 Business
Years Living in
New Hanover County: 18 yrs Male: Female: Race: Cauca sian Age; 42
(Information for the purpose of assur ing a cry ss sectio n of the c 0 mun ity)
Employer: Perv Solutions T.T.C'_
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
op on app oin tm en t, in a cc or dan ce with A r tic le V 1, S ec do n 4 of the N ew H ano ve r C ou my Pe rs on ne 1 Policy .)
Occupation: Environmental Paving Contractor
Professional Activities PLS , LEED AP BD &C , NCDENR BHP I &M, CRMCA, NRM A
Volunteer Activities: CF'GBA Advisor
Why do you wish to serve on this board/committee? To s har e my c ooperative spirit and knowledge of
planning /development to create a more c ohesiv e boa for t benefit o New Hanover Co.
Conflict of Interost; IF a board member believes he / she has a confkct or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Minimized the environmental adverse
impact of conventional development through proper planning.
Qualifications for serving: 12+ Years in the Civil Engineering/ Land Su
promoting Green Building technologies nil
Other municipal or county boards /committees on which you are serving: None 2 5 . 2010
NEW HAN0V C O-
List
three local personal references and phone numbers: BD. OF C o �i M 1 S S i C N E R S
1. Joy Allen - Executive Director for the Cape Fear Green Building Alliance (910) 470 -5697
Z. Wright Holman - Holman & Lackey Construction (910) 256 -4209
3. John Klien - Wrightsville Engineering Services (910) 599 -1188
-zj Date: June 25, 2 010 Signature:
Applications are kept on file for 18 months Use reverse aid or additional comments
Board of Commissioners Meeting
11/15/2010
28 -1 -18
JUN. 28. 2010 11:38AM WELLS FARGO 910 392 1181
New Hanover County
Board of Commissioners CO T) VE "PLICATYON
Board/Committee: New Hanover County Planning Board
N0. 0244 F 1
230 Government Canter D rive
Suite 175
Wilmingma, NC 284d5
Telephone: (910) 796 -7149
Fax: (910) 798 -7145
Name; Lisa Mesler
Home
Address: 4825 Castleborc Court Wilmington, NC 28411
(S trcet) (City) (Zip Co de)
Mailing Address if different:
&AUR Address: lisa.mesler @ well sfargo . com
Home Phone: 910- 29 7 -21 Fax: 866- 258 -3431 Cell: 910 -297-2171 Business: 918- 7 93 -3903
Years L ivin g in
New Hanov Count 8 Male: Female: � Race: Caucasian A Qe; 32
�► � a
(Information for the purpose orassuring a cr oas section of t consaa
Employer: Wells Fargo Home Mortgage
(A person curreudy employed by the ageacy ar department for which this applicAtion is made, oust resign bisfhcr position with New Ban v�cr County
upon App gin tment in aecordapcc with A rticle V1, Station 4 of the New Hanover County Personatl $ality
OcGu at. Branch Sales Manager, Wilmington - Leland
Professional Activities WRAR- Professional. Develop Committ KEA -Sales S Marketing Executive
Volunteer Activities: participates in fundraising events- Hospice, Leukemia,March of Dimes ,YWC.A
'why do you ravish to serve on this boa rd/commWee?
��,�j•L �� ��,�� �,,�, emu, �7 i� „tom,, ��.�., f�1�.. C�'i aC..
t
AIC a4 a
1 conflict of intorost p a board momber bell ves he l she has a canker or potea co ict of interear are a p rticular issue, mar am cr should irate this betiette one orner
mom bers oe his / her reepeclive board during a perdue m sctinp. The membor should afire the nalurc of the conflict, datsili►lg that halshe has A separate, private or monetary
Interest, e ither direct or indi mct, in the Issue undoe consideration T he m emne should► th excuse himself I herse from voting on the matter.
What areas of concern would you like to see address by this committee ? D ft -
%J /0&14rs�y� ,,," d b
n7 at•ti� rho r 0
ao" .0" era h a4'0" � � yo&& rr, f ate+ - . r �� .
Quaffifications for seeming:
oCQ a� ,• `�'� � - - W 1 ' OL GEC C h ��
Otber mun icip al or
'ci al con boards /committees on which you are serving; N/A
0
1-1 U �Y
201
List three local personal references and phone numbers:
Ra ndy To si.c Wachovin Market Pre sident-- BusitlesS Banking Direr „ r 9 -049f } !x0 R S
2.
David Barnes, pima Manager, Wella Fargo Home Mortgage, 910 -409 -4567
Donna Giradot� Executive officer, Wilmington Cape Faar Imo, 910 -&799 - 261 1
3.
4
Date: one 2 6. 010 Signature: -M
Applf csaong ore kept oa file for 12 menth8 Vic reverse side for additional com pents
Board of Commissioners Meeting
11/15/2010
28 -1 -19
JUN- 28- 2010(MON) 13:49 B 0 ARCHITECTURE (FRX)910 251 2708 P. 002
New Hanover County 230 Government Center DrIvc
Board of Commissioners COMMT'TEE APPLICATION Sui `` 175
Wilmington. NC 28403
Telephone: (91 D) 791t-7149
Fax: (910) 79x•7145
Board/Committee: NBC Planning Heard
Name: Scott P. Ogden
Home
Addrcss : 4134 Glen Arbor Drive
(City)
(Street)
Moiling Address if different: same
F-MaR Address: scott @b -and -c . net
Home Phone: Hla- use call FQx: 910- 251 -2708 Cell: 910- 515 -2300
B US i t WS S. 9 10-251-2707
Years Uviug In .
New Hanover Cony: 5 1 Sao . Male: Female: -J Race: caucaasan Age: 44
(I nterne Wow for the porpaso of a via rlAR ■ ere so seciloa of this eom man alty)
E toyer: B + 4 design studio, plle : 205 E rinses St. Wilmington, NC 28401
(A person currently employed by the ■geacy or deportment for w►hlch this opplleitio■ It mude, mit ut reelgo hlslher posittea with New HaD ever C Gouty
open Article Vl. 5ccdoa 4 of =ho New Haviever Codaty Pononsel PoUcy.)
Qmpation;
Architect/ 'ism Principal
Professional Activities: past Pre sident AIA Wi lmington; Director ATA ETC State Board.
Volunteer Activities:
Past Board membe & s e cretary,, cpG m =vc board - CFYSA (coach)
Why do you wish to scree on this baardlcommftteo? Archstects/planners ha" a big picture view a keen
knowledge of development issues & offer professional insight into projects A policies.
Conflict of Idtorear p e board member believes he/ of beta contllct or potential conflict of lhtorset an a particular Ieaue, Met membsr ehoula slebe thl$ belJffiffo ilea athw
mombera of hla / her rospectlry board during *public m@sting. rho member should state the nature of the contlle4 detelllno Mist helsAe bass aeperele. prlrale or n+onelsry
Interest, elther direct or indlrvct, In Thv Issue under consideration. rho member should than excuse- himseirl borself ►tom voting on the mo rter.
What aresa of concern would you like to see addressed by this emmittee? Smart growth. moving toward more
sustainable land use, contaiming sprawl, proacting beat management practices.
Quslilieadons for serving: Architect since 19 9 8 , NCMB oartif i ed, LEE AP (US GBG 1 , ATA der s
from Univ, of Cincinnati (BArch) i H (Nash) r 20+ years in design/ construction
• tither mmicipal or county boarddeommiam on which you are tsrft:
Iist three local personal refereum and phone numbers:
L Elias Rocks; Woreley RE j 910- 2 -0044
JUN 2 8
M r.---),
NEW HANOVER CO.
passe . Contractor /Developerr Anne i arawshaw eui].dsre: 910- 232 -1474
2, P= 3. Phil Prete; Environmental Planner /City of ILM 910 --342- 77
Date: J 28 2010
Wi lmington
Applications are kept on Sk for 18 montke
28
(Zip Code)
S-
.
me reverse side rot aadiummat tomme ■ts
Board of Commissioners Meeting
11/15/2010
28 -1 -20
JUN- 28- 2010(MON) 13:9 B & 0 ARCHITECTURE (FAX)910 251 2708 P. 001
0
TRANSMITTAL:
B + 0. design studio, plic
TO:
New Hanover County /Board of Commissioners
FAX or/
91 0- 798 -7145
ADDRESS:
SUBJECT:
Planning Board vacancies.
DATE:
28 June 2010
To Whom It May Concern:
D E C E � W E
JUN 2 8 2010
NEW HANOVER CO.
BD. OF COrnMiSSiONERS
Attached please find the Committee Application for the New Hanover County Planning
Board for consideration in filling your upcoming vacancies.
I am a local architect and small business owner who located here in the spring of 2005, and
have lived in the Middle Sound Road area of New Hanover County over five years. My wife
and l established a design/planning firm in downtown Wilmington and are proud to have
been on several teams which have wan Lower Cape Fear Stewardship Awards in the past
five years.
I am aware that there have been architects on the NHC Planning Board in the past, and
believe that having another architect with our professional expertise and 'big picture'
viewpoints would assist the Planning Board for the next three years Specifically I've been
quite involved the last four- years with both the boards of the Wilmington Chapter of the
AIA (American Institute of Architects) as secretary, president & past - president, and the
Cape Fear Green Building Alliance (CFGBA)- secretary, board member and Green Tour
prganizer for 2 years.
appreciate the opportunity to be considered and look forward to addressing any questions
you may have for me in the review process.
Regards,
Scott Ogden, AlAftEEn AP
Principal /Architect
B + 0 design studio, pllc.
e+ O P11c. 245 Princoss Stroot PH. (910) 251.2707
www,b•and-o.net Wilmington, NC 28401 FAX. (910) 251.2708
Board of Commissioners Meeting
11/15/2010
28 -1 -21
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Covemment Center Drive, Suite 175
1Nilrnington, NC 28403
Telephone (910) 798 -7149
FAX (910) 798 -7145
COMMITTEE APPLICATION
�s
3 2010
NEVI flANOVER CO.
BD. OF COMMISSIONERS
BoardVCommittee: New Hanover County Planning Board
NaMe: Anthony P rinz E.Mail: aprinx@ of . j acksonville . nc . us
Home
Address: 2116 Klein Road Wilmington 28405
Mailing Add ress If dlfferen t.
(CRY) (4 Coda
Home Phone:
Years living in
New Hanover County:
Fax:
Cell: 910 750 2418 Business:
4 •
Male: Female: Race: Cauca sian
(Info metion for the purpose of assuring a cma sealon of the c+ommunily)
Age:
29
Employer= City of Jacksonvill NC
A person currently emplo by the agency or department fea whlich this applkation is made, must resign his/h posllion w 1h
New Hanover County upon 44ppointment, In accordance with Article Vi, Sec 4 of the New Hanover County Personnel Pblky.
Occupation: MPO A
Professional Acti vides: MPO Coordinator for Jacksonville, former planner for Wilmington MPO
ilolunteerActivities: SENCASPA Treasurer, volunteer work for Q.NO and Habitat for Humanity
Why do you wish to serve on this boardl I have a n e xtensive background in planning with
regard to long - range, development review and transportation planning initiatives.
4onlftt of trrtwst; If a board member beslfev" h&the has a conflict or potenHaf 7w;ct of Mterest on a parVa0arAnue, Mat member should state ffils bef el to ft other
members of hislhe,r respective bm d durdng n publk mooting The member skodfd state the nature of the conflkA detailing (let heifshe has a separate, prfvale, or moneta
Interest ei[ W (grect orrindhKt In the Issue under considsratlon. The member should then excuse NmseflAsemelf fhyn vodnp an !ha matter.
What areas of concern would you like to see addressed by this committee? The NHC Planning Board needs
transportation expertise & a rap. with intimate knowledge of local trans. projects/plans
Qualfcatlons for s ervin g: Served on the NHC TRC for three years; been a planner in multiple
jurisdictions including both urban and rur al contexts; familiar with NCH land regulations
Other municipal or county boardslcomrriittees on which you are serving:
List three local personal references and phone numbers:
Non at this time.
f fir. Ricard Collier; McKim & Creed; (910) 520 --7754
2 Mr. Ron Satterfield; Planning Manager, City of Wilmington- ( 910) 341 --3255
3. Mr. John Tunstall; Norris Kuske, Tunstall; (910) 343 -9653
Date: Signature
AWicad6ns anAept on file for 18 months nd art 1
of the Now Anov
Please use reverse side for additional cofnments
Board of Commissioners Meeting
11/15/2010
28 -1 -22
ointment aWvw at the pleasure
ty Board of Commissioners,
ANTHONYPRINZ
Email: aprinz @ci.jacksonville.nc.us
2116 Klein Road
Wilmington, NC 28405
Phone: (910) 750-2418
Professional Objective
Position on the New Hanover County Planning Board to support the achievement of the County's goals and
objectives while helping to improve the overall quality of life for current and future residents
Work. City of Wilmington Transportation Planning Section and Wilmington Urban Area
Experience Metropolitan Planning organization (W1VIPo), Wilmington, N.C.
Associate Planner — Transportation (April2007 -- Present)
Primary responsibilities include:
■ Provision of general transportation - related planning services to governments in the region
■ Technical Review Committee member: City of Wilmington, New Hanover County,
Town of Leland, Town of Carolina Beach and Pender County
■ Review and approval of traffic impact studies and implementation of traffic engineering
technical standards
■ Management of the concurrent development review process with NCDOT Division 3
■ Maintenance of the WMPO travel demand model
■ Creation and evaluation of traffic simulation models for public roadway improvements
■ Transportation liaison to the City of Wilmington Planning Commission and City Council
Henderson County Planning Department, Hendersonville, N.C.
Planner II (January 2006 — April2oo7)
Planner I (September2003 — January 2006)
Titles and primary responsibilities include:
■ Long Range Planner
■ Assistant Zoning Administrator and Water Supply Watershed Administrator
■ Assistant Subdivision Administrator and Plat Review Officer
■ GIS Steering and Technical Committee member
■ Public transit system management and transportation planning
Education B.S. with double major in Geography and Community and Regional Planning
Appalachian State University, Boone, N.C., 2003, Summa Cum Laude, 3.99 GPA
■ Chancellor's List (8 times)
■ Honored for academic excellence by College of Arts and Sciences (3 times)
■ Outstanding Geography Student, Department of Geography and Planning 2002 -2003
Certificate in Geographic Information Science
University of North Carolina Wilmington, Wilmington, N.C., 2008
Masters of Public Administration --- Student
University of North Carolina - Wilmington, Wilmington, N.C., 4.o GPA
■ Estimated graduation — summer 2011
■ North Carolina City and County Management Association scholarship winner
Professional- Technical Planning
Qualocation& Related skills and /or experience include:
• Roadway, bicycle, pedestrian and public transit planning
■ Travel demand and traffic modeling
■ Review and approval of development plans /plats
Board of Commissioners Meeting
11/15/2010
28 -1 -23
ANTHONYPRINZ Page Two
Professional ■ Socioeconomic estimates and projections
Qualifleations ■ Federal Transit Administration grant management
Continued ■ Capital improvement planning
■ Development of RFPs and RFQs for transportation planning projects
■ Contract development and implementation
■ Drafting of land development regulations
■ Drafting and managing improvement guarantees and bonds
■ Deed and plat research and interpretation
■ Preparing technical reports and documentation
■ Planning presentations and briefs for government officials, peers, and the public
■ Public participation: community meetings, public hearings, and drop -in sessions
■ Administering surveys and analysis of results
■ Collection of field data: conducting inventories related to land use, infrastructure,
demographics, economy, and the environment
Ordinance Administration
Experience includes:
■ Zoning Ordinance administration (permitting and enforcement)
■ Water Supply Watershed Ordinance administration (permitting and enforcement)
■ Subdivision Ordinance administration (review and enforcement)
■ Maintaining the Official Zoning Map of Henderson County, North Carolina
Geographic Information Systems
Related skills include:
■ ArcGIS Desktop 3.x, 8.x, and 9.x (Arc.View [ArcInfo], ArcToolbox, ArcCatalog)
■ Advanced mapping and use of GIS for public presentations
■ Design, creation, and maintenance of spatial databases (geodatabases /shapefiles)
■ Analysis using Spatial and 3D Analyst
■ Spatial modeling and advanced editing
General Computer Skills
■ Microsoft Office suite: Word, Excel, Access, Publisher, and PowerPoint
■ Use of Macromedia software to build and manage internet web pages
■ Adobe Professional and Designer
■ Synchro 7 and TransCad for travel demand and traffic modeling
Other
■ Coordination with state, local and regional planning /governmental agencies
■ Working with elected and appointed committees /boards
■ Proficient in time management, prioritization, and scheduling
Ivey ■ New Hanover County private road standards (2010)
Accomplish- ■ Wrightsville Avenue Land Use and Transportation Plan (2010)
ments ■ ' Wilmington Technical Standards and Specifications— Traffic Impact Studies (2010)
■ Traffic Impact Analysis approval: Summer Walk (2009), River Lights (2Oog) and
Wilmington Gateway developments (2008) — high impact, controversial projects
■ Traffic count program revamp (2009)
■ WMPG Traffic Count and Crash Report revamp (2007 -2009)
■ Management of Apple Country Public Transit in Henderson County (2006 -2000
■ Development of the Henderson County Industrial Study (2005 -2006)
■ Development of the Henderson County Land Development Code (2005 -2007)
■ Development of the Henderson CountK Comprehensive Plan (200 -2OV )
Board of Commissioners Meeting
11/15/2010
28 -1 -24
6/25/2010 12:00 PM FROM: 910 - 395 - 8282 D.P. Thomas Const., Inc. TO: 798 -7145 PAGE: 002 OF 002
New Hanover County 230 Govcrnrnc Center Dri -.c
Board of Commissioners COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telepbone: (910) 798 -7149
Fix. (910) 798 -7145
Board /Committee: N ew H anover County Planning Board
Name: David Pryse Thomas Jr
Home
Address: 92 8 Rabbi t R un Wilmington
28409
(street) (City) (Zip code)
Mailing Address if different: FC S ox 521, Wrightsville Beach, NC 28480
E -Mail Address: dave@dptconstruction.com
Nom Phone: (910) 395 - 784X Fox: 914 - 395 -8282 C 910 -520 -0581 Bu siness: 91 4- 395 -5855
Years Living in
New Hanover County: 45 Male: Female: Rac w hito Age: 58
(inform *doe for the par pose of sasprint across sectio ■ of the c eon munity)
Employer: D. Thomas Construction, Inc.
(A pennon currently employed by the agency ■r department for which this applicadee is made, most resign Welber positio■ with New Hasuver county
apes appointment, In Accordance with Artiele VI, Section 4 of the New H mover C'ou■tr Persoaael Policy.)
Occupation: General Contractor
Professional Activities: State director Wilmington - Cape Fear Homebuilders Asso ciation
Volunteer Activities: Cape Fe Riv W atch, Board of Directors Member
Why do you wish to serve oe this boord/committee? I Mould lik to work wi t h the County Co m m issioners
and help the county gr in a manner benefiting c urrent and future re 6 bu s i nesses.
Confikt of Mtorest p a board memb belie vat h / the has a conflict or po ten UsI corrtlict of interest on a per0cuisr issue, Chet member should stele this belief to the other
members of his /her respective board during 's public meeting. The member shoold state the nature of the eonNict, detailing that he/she has a separate, p►lvato or monetary
interest, either direct of indirect, in the issue under cansideration. The member should there excuse himself) herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I do not have an ar ea of sp
concern. Committee members should be concerned with the issues presented to them.
Qualifications for serving: Ability to work with both the envi ronin nta 1 and development groups.
Past member: Watershed Ma nagemen t Advisory C & Stewardship Dev. . Committee.
Other monkipal or county boardstcommittees on which you are serving: New Hanover Soil Conservation
District Board of Supervisors, chairman.
List three local personal references and phone numbers:
D W
1 . caco* c0bz% %40W n _111N 2
Z.
�RCii�J�1 1 4 5 " I (iQ 57 U U
3.
j[' \\ B D. OF COMMISSIONERS
Date: Ju 2 2 0 10 Signature: 1.
Applications are kept an ale for 1 A one athe t Use reverse side for additional com mta is
Board of Commissioners Meeting
11/15/2010
28 -1 -25
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board /Committee: Ne w Hanover County Planning Board
Name: Jeff Thompson
Rome
Address: 399 Shorepoint Dr. Wilmington
28411
(Street) (City) (Zip Code)
Mailing Address if different:
E - Mail Address J thompson@ hobbsupchurch .com
Horne Phone 910- 477 -4924 Fax: Cell: 910 477 -0924 Business: 910- 686 -1212
Years Living in
New Hanover County: 5 Male: Female: Race: White Age: 33
(Inform ation for the purpose of assuring a cro ss section of the c om munity)
Employer: Hobb s , Upchurch & Associates
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New H anover County Personnel Policy.}
Occupation:
Civil Engineer
Professional Activities: Serve as the Town Engineer for several small towns in southeastern NC.
Volunteer Activities: Hands on Wilmington (Volunteer) , Coastal Carolina Tomorrow (Board Member)
Why do you wish to serve on this board /committee? Assist in continuing to develop the long - term
planning policies to ensure my County is developed in a controlled and responsible manner.
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 his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter.
What areas of concern would you like to see addressed by this committee?
Qualifications for serving: professional Civil Engineer involved with various development issues
across the eastern part of the state.
Other municipal or county boards /committees on which you are serving:
List three local personal references and phone numbers:
1. Jim Hardy 910- 392 -6080
2. John D. Riggs 910- 262 -5566
Fn �r9 I V
I Jody Haugland 910- 376 -1780
Date: June 28, 2410
Signature:
Applications are kept on file for 18 months
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Use reverse side for additional comments
Board of Commissioners Meeting
11/15/2010
28 -1 -26
New Hanover County
Board of Commissioners
COMMITTEE APPLICATION
Board /Committee: New Hanover County Planning Board
Name: B yr o n R. Toothman III
Home
Address: 2120 Metts Ave. Wilmington
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
28403
(Street)
Mailing Address if different: S ame as above.
&MaH Address: toothmanb@hotmail.com
(City)
Home Phone.- 910 262 -4752 Fax: n/a
Cell: 914 262 -4752 Business: 910 962 -2334
Years Living in
New Hanover County: 14 Male: Female: Race: White Age: 32
(Inform ation for the pur pose of assuring a cro s scctio a of the c o munity)
Employer: Nor th Carolina Coastal Reserve
(A person currently employed by the agency or department for which this application is made, must resign his/her position with News Hanover County
upon appointment, in accordance with Article VI, Section 4 of the Ncw Hanover County Personnel Policy.)
Ocxupation:
Research Biologist
Professional Activities: Please see attached.
Volunteer Activities: Please see attached.
Why do you wish to serve on this board/committee? pleas s at .
Confiict of Interest if a board 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 his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/ herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? please see attached.
Qualifications for serving: Pl ease see attached.
Other municipal or county boards /committees on which you are serving: None
List three local personal references and phone numbers: 8D 0 Cn art Nj i 5 � 1 O N F R S
t. Christopher Yermal (Cape Fear Green Building Association) (910)228 -6531
2 . Sutton (NC Coastal Reserve Southern Sites Mgr,Stewardship Coord.) (910)547 -0848
3. Dr . Joan Willey (Prof. of Chemistry, UNCW CMS Assoc. Director of Ed.) ( 910 ) 962 -3459
Date: 6KI� 1/a Signature:
Applications are kept on file for 18 months Use reverse side for additional comments
(Zip Code)
Board of Commissioners Meeting
11/15/2010
28 -1 -27
New Hanover County Planning Board Committee Application
cont'd
Professional activities:
I am currently a Research Biologist for the NC Coastal Reserve and NC National Estuarine
Research Reserve. My work includes but is not limited to the following:
• Coordinator for Wilmington office System Wide Management Project
• Develop /Conduct and acquire funding for research activities
• Wilmington Office technical advisor
• Outreach and education activities
Volunteer Activities:
I volunteer in public schools and classrooms as opportunities become available. I speak on a
variety of topics for instructors but specialize in developing interest in science education or
science as a career through interactive discussion and hands -on activities, displays, or projects.
Wh do you wish to serve on this board/committee?
My family has been fmnly rooted in Southeastern NC for generations and I have been living here
almost all of my life. I have been a resident of New Hanover County itself for almost 15 years
now and have seen it change in many ways over the last several decades. Having been the
beneficiary of a life in such a culturally and naturally rich place I feel compelled to give back and
help preserve the integrity of an area that is so special.
I see the NHC Planning board as an excellent place to contribute my expertise and knowledge of
the natural resources in our region. I am interested in helping to develop community planning
policies that reflects thoughtful and sustainable development practices that protect both our
economic and natural resources. Smart planning for both the short and long term future is
essential to preserve the area's best qualities. New Hanover County's population growth has
outpaced the state as a whole for at least 40 years now. This trend is no doubt due to our blend of
cultural and natural beauty and is not likely to change soon. In order to adequately plan for the
increasing demands our infrastructure and natural resources we must anticipate our future needs
now while simultaneously protecting the elements of our area that have drawn folks here in the
first place.
What areas of concern would you like to see addressed by this committee?
I am interested in addressing many of the county's long term growth management needs. In
particular I would like to see attention given to increasing population and associated
infrastructure /service needs as well as responsible and sustainable long term planning.
Additionally:
• Mass transit and public transportation improvements.
• Improvements to pedestrian and bicycle friendly transit.
• Anticipation of Sea level change with regard to infrastructure upgrade, protection, and
land use.
• Anticipation of natural disaster events.
• Protection and acquisition of greenspaces and traditional use areas.
• Partnerships with neighboring counties and municipalities that have a shared interest in
resources.
Board of Commissioners Meeting
11/15/2010
28 -1 -28
Qualifications for serving:
I have in excess of 10 years educational and professional experience working with water quality,
monitoring and assessment, and coastal processes. These include but are not limited to the
chemical, physical, and biological issues that are important to our area. I have taken part in all
aspects research projects that have focused on nearly every watershed in the county and range
from microbial and chemical assessment to commercial aquaculture. This includes project
development, data collection, assessment, report generation, etc. Subsequently I have become
well aware many challenges posed by our area such as data collection, land use planning and
infrastructure needs, as well as the impacts that they have on the coastal areas.
As a researcher for the NC Coastal Reserve, I help support our mandates to acquire and manage
our lands through a combination of stewardship, research, education, and outreach. Although I
am engaged in research for the Reserves I am also an active participant in each of these areas and
familiar with their individual challenges. Many of our reserve properties are very different from
one another and planning takes much consideration to account for each area's individual needs.
I'm sure we can agree that this is a limited format to discuss any contributions that I might be
able to make. Please feel free to email or call if I can offer any more information that might be
helpful.
Board of Commissioners Meeting
11/15/2010
28 -1 -29
Byron R. Toothman III
5600 Marvin K. Moss Ln
Wilmington, NC. 28409
(910) 262 -4752
t o o tlim anb (at } un c: w . ed u
Relevant Education
M.S. Marine Science, University of North Carolina at Wilmington, 2006
B.S. Marine Biology /Environmental Studies, University of North Carolina at
Wilmington, 1999
Awards /Honors
Center of Marine Science Graduate Teaching Award (2005 Recipient)
NSF GK -12 Graduate Teaching Fellowship (2004)
Other:
Wilmington Citizen Academy (2007)
Employment
April 2008- Research Biologist NC Coastal Reserve and NC National Estuarine
Research Reserve
• Coordinator for Wilmington office System Wide Management Project
Develop /Conduct and acquire funding for research activities
Wilmington Office technical advisor
• Outreach and education activities
2006 -2008 Research Technician II
University of North Carolina at Wilmington
• Coordinator for the Wilmington Watersheds Project, Bald Head Creek
Water Quality Project, New Hanover County Tidal Creeks Project,
New River Estuary Monitoring Project.
• Analysis of Water and sediment samples for all projects including
chemical, physical, biological parameters, microbial analysis, and
sample collection.
• Data management, statistical analysis, and interpretation.
2004 -2006, UNCW Biology Graduate Teaching Assistant
2002 -2003 University of North Carolina at Wilmington
Develop lesson plans, student evaluation materials, and grading.
2004 -2004 UNCW Graduate Research Assistant
University of North Carolina at Wilmington
• Water quality and sediment analysis (chemical, physical, and
biological) for New Hanover County Tidal Creeks Project.
• Coordinated and trained undergraduate and graduate students for
sample collection and analysis.
• Created /maintained databases and conducted data analysis
2003 -2004 NSF GK -12 Graduate Teaching Fellow
Board of Commissioners Meeting
11/15/2010
28 -1 -30
University of North Carolina at Wilmington
• Serve as a science resource in the classroom of New Hanover County
Middle Schools.
• Develop and lead educational activities that culture scientific interests
in Middle School students.
2002 -2002 Research Technician
Duke University Marine Laboratory, Beaufort, NC
• Field sampling and data collection aboard the NOAA R/V Oregon II
for research of the annual Gulf of Mexico hypoxic area and annual
ground fi sh survey.
• Sample analysis at home lab in Beaufort.
2000 -2002 Aquaculturist
Shrimp Improvement Systems, Islamorada, FL
• Optimized Broodstock, Maturation, Larviculture, Algal culture
hatchery systems.
• Designed and retrofited aquaculture facilities for high - density low -
volume MAX system (Micro Algae Culturing Systems)
2000 -2001 Research Technician
University of North Carolina at Wilmington Dept. of Biological Sciences
• Sample collection and analysis for South Brunswick Sewer and Water
Authority, New Hanover County Tidal Creeks Project, and CORMP
(Carolina Ocean Research Monitoring Project)
• Perform analyses including chemical, physical, and biological
parameters, and data management for research projects
Professional Memberships
North Carolina Academy of Science
North Carolina Water Resources Research Institute.
Southeastern Estuarine Research Society
References, Publications, and Reports provided upon request
Board of Commissioners Meeting
11/15/2010
28 -1 -31
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Board of Commissioners Meeting
11/15/2010
28 -1 -32
COMMITTEE APPOINTMENTS
TOURISM DEVELOPMENT AUTHORITY
1 Vacancy: Unexpired Term Ending 12/31/2012
Category: owner /Manager of a Carolina Beach Hotel
APPLICANTS
James W. Pope, Golden Sands Motel
Attachments: Committee Information Sheets
Application
ELIGIBLE FOR
REAPPOINTMENT
Board of Commissioners Meeting
11/15/2010
28-1-33
NEW HANOVER COUNTY
TOURISM DEVELOPMENT AUTHORITY
Number of Members: 15 voting members: 5 ex- officio members and 10 members appointed
by the Board of County Commissioners. The five ex- officio members are the Chairman of the
Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the
Beach towns or whoever they appoint by each elected body. The other ten members are in the
following categories and must have experience in promoting travel and tourism:
a. Owner /manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach
b. Owner /manager of a hotel in the Town of Carolina Beach
c. Owner /manager of a hotel in the Town of Kure Beach
d. Owner /manager of a hotel of 150 rooms or more in the City of Wilmington
e. Owner /manager of a hotel of fewer than 150 rooms in the City of Wilmington
f. Owner /manager of a bed and breakfast facility
g. Owner /manager of company that manages and rents more than 100 vacation rental
properties
h. Representative of a tourism attraction
i. Representative of the Wilmington Chamber of Commerce
j. Owner /manager of a restaurant business
Term of Office: 3 -years with no one serving more than two consecutive full terms (excluding
Chairman of Commissioners and Mayors).
Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at New
Hanover County Government Center, 230 Government Center Drive, Conference Room 500,
Wilmington, NC 28403
Statute or cause creating Bureau: On October 3, 2002, through House Bill 1707, the North
Carolina General Assembly directed that the New Hanover County Board of Commissioners
designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development
Authority JDA) to promote travel, tourism, and conventions in New Hanover County, and to
administer related tourism expenditures. The TDA shall take effect and come into creation on
January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session
2001. The Authority shall hereinafter be known and operated as the New Hanover County
Tourism Development Authority d.b.a. Cape Fear Coast Convention and Visitors Bureau.
Board of Commissioners Meeting
11/15/2010
28 -1 -34
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
John W. Andrews, Jr., Vice - Chairman
Restaurant
Unexpired 6/16/08
12/31/09
South Beach Grill
Owner /Manager
First 1/19/10
12/31/12
c/o 3201 Graylyn Terrace
Wilmington, NC 28411
686 -1716 (H) 256 -4646 (W)
A. Scott Cromartie
Chamber of
First 12/20/04
12/31/07
1614 Country Club Road
Commerce
Second 12/17/07
12/31/10
Wilmington, NC 28403
762 -9953 (H) 343 -0683 (W)
Board of Commissioners Meeting
11/15/2010
28 -1 -34
X
TOURISM DEVELOPMENT AUTHORITY (CONY.)
PAGE 2
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Anne Marie Hartman
Wrightsville Beach
First 1/22/08
12/31/10
Holiday Inn Sunspree
Hotel
c/o 230 Long John Silver Drive
Owner /Manager
Wilmington, NC 28411
686- 1635(H) 256- 2231(W) 620- 6102(C)
Frank M. Jones
Wilmington Hotel
First 12/15/08
12/31/11
Suburban Extended Stay Hotel
( <150)
7200 Oyster Lane
Owner /Manager
Wilmington, NC 28411
686 -6336 (H) 793 -1920 (W)
Michael Wade Keeler
Wilmington Hotel
Unexpired 2/15/10
12/31/11
Hilton Wilmington Riverside
( +150)
310 N. Water Street
Owner /Manager
Wilmington, NC 28401
343 -6150 (W) 904 -343 -0901 (C)
Bob McKoy, Chairman
Vacation Rental
First 12/16/02
12/31/05
Network Real Estate
Properties
Second 12/19/05
12/31/08
1029 N. Lake Park Boulevard
Owner/ Manager
Third 1/20/09
12/31/11
Carolina Beach, NC 28428
395 -1430 (H) 458 -8881 (W)
Carl B. Marshburn
Tourist Attraction
Unexpired 6/21/10
12/31/10
101 South Water Street
Wilmington, NC 28401
520 -3730 (C) 343 -1611 (W)
Charles Pennington
Bed &Breakfast
Unexpired 9/20/04
12/31/06
The Verandas Bed and Breakfast
Owner /Manager
First 12/18/06
12/31/09
202 Nun Street
Second 1/19/10
12/31 /12
Wilmington, NC 28401 -5020
251 -2212 (H & W)
Ronnie W. Pemell
Kure Beach Hotel
Unexpired 2/16/04
12/31/04
Moran Motel
Owner /Manager
First 12/20/04
12/31/07
P.O. Box 76
Second 12/17/07
12/31/10
Kure Beach, NC 28449
458 -8673 (H) 45 8-5395 (W)
Brett Darlington
Carolina Beach Hotel
First 1/19/10
12/31/12
Courtyard Marriott of Carolina Beach
Owner /Manager
c/o 133 Hearn Drive
Wilmington, NC 28411
681 -1626 (H) 458 -2030 (W) 232 -0600 (C)
Revised: 6/28/2010
Board of Commissioners Meeting
11/15/2010
28 -1 -35
TOURISM DEVELOPMENT AUTHORITY (CONY.)
PAGE 3
Contact: Kim Hufham, President/CEO File: /TDA
Cape Fear Coast convention Center B/C#42 6.10
24 N. Third Street
Wilmington, NC 28401
341 -4030, FAX 341 -4029
Revised: 6/28/2010
Board of Commissioners Meeting
11/15/2010
28-1-36
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT NTM ENT
EXPIRATION RATION
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William A. caster, Secretary
New Hanover County
Undesignated
Commissioner
Mayor Joel A. Macon
Carolina Beach
12/09
Undesignated
Mayor Dean Lambeth
Kure Beach
Undesignated
Mayor Bill Saffo
City of Wilmington
Undesignated
Mayor David Cignotti
Wrightsville Beach
12/09
Undesignated
Avril Pinder, Treasurer
New Hanover county
Undesignated
Finance officer
Contact: Kim Hufham, President/CEO File: /TDA
Cape Fear Coast convention Center B/C#42 6.10
24 N. Third Street
Wilmington, NC 28401
341 -4030, FAX 341 -4029
Revised: 6/28/2010
Board of Commissioners Meeting
11/15/2010
28-1-36
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28 -1 -37
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Board of Commissioners Meeting
11/15/2010
28 -1 -38
COMMITTEE APPOINTMENTS
ZONING BOARD OF ADJUSTMENT
4 VACANCIES - 3 YEAR TERMS = 12/1/2013
2 Regular Members
2 Alternate Members
APPLICATIONS
ELIGIBLE FOR
REAPPOINTMENT
Robert F. Cameron, Jr. X
Peter M. DeVita (currently serving as alternate, wants to be considered
for regular member appointment)
Chad McEwen
Joe Miller
0. Frank Roberts, Jr.
Jahn Edwin "Jack" Stanton 11
Attachments: committee Information Sheets
Applications
Board of Commissioners Meeting
11/15/2010
28 -1 -39
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus three alternates
Ex- officio: Planning Director
Term of office: 3 years
Regular Meetings: Fourth Tuesday of each month at 5:30 p.m. in the conference room at the
Government Center, 230 Government Center Drive, Suite 110, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153 -A -345, 266.17. The
Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning ordinance
requires members to be appointed from different areas within the County's zoning jurisdiction.
Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it were
possible for the legislative body to write a perfect zoning ordinance which would meet the needs
of the community while at the same time avoiding hardship in individual cases, there would be no
need for this board. Because that has been found near impossible, the Board of Adjustment has
been introduced as an integral part of almost every smoothly operating zoning enforcement
mechanism, serving as a "pop -off valve" to relieve pressures resulting from hardship cases.
In New Hanover County, the duties of the Board fall into two general categories: Interpretation
and Granting Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to that of the
courts is interpretation of the ordinance. This function involves (a) interpreting the meaning of
parts of the ordinance which are unclear, (b) applying the ordinance to particular fact situations,
and, if necessary, (c) correcting any mistakes or abuses of discretion which the Building
Inspector may have made in administering the ordinance. In exercising this power, the basic
principle for the Board to keep in mind is that it must not vary the ordinance. Its function here is
to interpret and apply what the governing body has written, not to vary that legislative
pronouncement to fit its own ideas. Its decisions must be in accord with what the Board believes
to be the actual meaning and intent of the ordinance.
Granting of Variances: General Statute 153A- 345(d) provides that, "when practical difficulties or
unnecessary hardships would. result from carrying out the strict letter of a zoning ordinance, the
Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of
the ordinance relating to the use of land, so that the spirit of the Ordinance is observed, public
safety and welfare secured, and substantial justice done." Basically, a variance is a permit,
which the Board may grant in certain situations, enabling a property owner to make use of his
property in some way which is in conflict with the literal provisions of the ordinance. Sometimes
a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with
the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain
are such as to create hardships in complying with these requirements. Sometimes the lot is
located in a cluster of nonconforming uses which will prevent the owner from securing any
reasonable return from his land if he complies with the ordinance (as where a lot in a residential
district is surrounded by nonconforming business structures). When the Board grants
exemptions from harsh provisions, it is "granting a variance."
Board of Commissioners Meeting
11/15/2010
28 -1 -40
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
)(Oq
Finally, it should be noted that there is a good bit of "law" connected with the duties and
responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one
considers the importance of its decisions which expand or limit property values. These are
issues which must not be dealt with casually or arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by
Michael B. Brough and Philip P. Green, Jr.
Revised: 1 /29/10
Board of Commissioners Meeting
11/15/2010
28 -1 -41
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Robert F. Cameron, Jr., Chairman
First 11/19/07
12/1/10
5119 Nicholas Creek
Wilmington, NC 28409
313 -1961 (H) 762 -9635 (W) 431 -6885 (C)
Eric C. Hickman, Vice - Chairman
Unexpired 4/21/08
12/1/08
2027 Gray Walsh Drive
First 11/10/08
12/1/11
Wilmington, NC 28405
256 -2219 (H) 793 -4400 (W)
Justin Michael Lewis
First 11/16/09
12/1/12
3702 Providence Court
Wilmington, NC 28412
414 -8410 (H/W) 794 -4880 (Cell)
Peyton William
First 11/19/07
12/1/10
651 Walsto rive (28412) bluQd ev.,�
P.O. B 5527 aw ------- 9
Wil gton, NC 28408 &A ALA,,
8 -0774 (H) 798 -0021 (W)
Noelle M. Winstead
First 11/10/08
12/1/11
1305 Carolina Beach Avenue, N., A -3
Carolina Beach, NC 28428
790 -1050 (H) 7948699 (W)
ALTERNATES: th + 6
Unexpired 7/24/06
12/1/07
Peter M. DeVita
First 11/19/07
12/1/10
7108 Key Point Drive p o�
eln
Wilmington, NC 28405 � �
509 -3055 (H) 262 -2113 (C)
Tim Fuller
First 11/22/04
2/1/07
133 Se ers Lane
Second 11/19/
12/1/10
Kur each, NC 28449
0 -3346 (Cell) 772 -9777 (W)
Revised: 1 /29/10
Board of Commissioners Meeting
11/15/2010
28 -1 -41
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3
Revised: 1/29/10
Board of Commissioners Meeting
11/15/2010
28 -1 -42
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Michael D. McCulley, Jr.
First 11110/08
12/1 /11
6102 Lydden Road
Wilmington, NC 28409
547 -5185 (C) 251 -2500 (W)
Staff Support:
Chief Zoning Enforcement officer
File: /Zoning
NHC Planning and Zoning Division
B/C #33
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7118
Revised: 1/29/10
Board of Commissioners Meeting
11/15/2010
28 -1 -42
New Hanover County
Board of Commissioners
320 Chestnut Street, Room 305
Wilmington, NC 28401 -4093
Telephone: (910) 798 -7149
Fax: 798 -7145
COMMITTEE APPLICATION
Board/Committee. Zoning Board of Adjustment
D � C
SEP 2 g 2
NEW HAV1'ER CO
BD OF COMp.11SStONERS
Name: Robert F. Cameron, Jr.
Home
Address: 5119 Nicholas Creek Wilmington
28409
(Street)
(City)
Mailing Address if different: P ost Office Box 1598, Wilmington, NC 28402
Home Phone: 910 -313 -1961
Years Living in
New Hanover County: 9
Business/Work Phone: 910 -762 -9635
Male: "' Female: Race: Caucasian Age: 36
(Information for the purpose of assuring a cross section of the community)
Employer: Riverside Management
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
.lob Title: No formal title - I manage rental properties and other family business interests.
Professional Activities: Toastmasters
Volunteer Activities: Cub Scouts, children's school activities
Why do you wish to serve on this board /committee? The ZBA has the potential to impact individual
lives and the community as a whole in a positive way by making sound decisions.
Conflict of Interest• If a board 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 his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I would like to assist the Board in
continuing to make sound and consistent decisions.
Qualifications for serving:
(Zip Code)
See attached resume.
Other municipal or county boards /committees on which you are serving: none
List three local personal references and phone numbers:
t. Edwin L. West - 910 - 254 -4748 (w)
2. Benjamin P. Wright - 910 - 509 -2200 (w)
3. Dr. Vince Howe - 910 -962 -3883 (w)
Date: I/ a r/ 06 Si g nature: .
. are kept on file for 18 months Use reverse side for additional comments
Board of Commissioners Meeting
11/15/2010
28 -1 -43
Robert F. Cameron, Jr.
5119 Nicholas Creek Circle
Wilmington, NC 28409
Home (910) 313 -1961 Work (910) 762 -9635
rcameron @ec.rr.com
Education:
University of North Carolina at Chapel Hill - 1991 B.A. — Political Science
Wake Forest University School of Law - 1995 J.D.
Jessup International Law Moot Court Team
University of North Carolina at Wilmington - 2006 M.B.A.
Outstanding M.B.A. Graduate Award
Outstanding Academic Achievement Award
Beta Gamma Sigma Honorary Business Fraternity
Learning Alliance Most Value Added Team Award
Work Experience:
Law Office of Matthew T. Dill
August 1998 — December 2001
1 worked as an attorney performing estate and tax planning, estate administration and
trust administration. My activities included drafting wills, trusts and related documents,
advising clients on tax matters and handling the administration of decedents' estates. A
small percentage of the work also involved business, domestic and real estate law.
Dill & Cameron, P. L. L. C.
January 2002 ---- January 2004
1 became a member of the law firm of Dill & Cameron, P. L. L. C. upon its formation. I
continued my previous practice in estate planning; however, my responsibilities now
included firm related decisions and management issues.
Riverside Management, Inc.
February 2004 -- Present
Riverside is a family S- corporation which operates II convenience stores in the
Wilmington area, as well as maintains various rental properties. My responsibilities
include dealing with legal matters related to the C- stores, negotiating with rental tenants,
and assisting in the purchase and sale of real estate.
Other Activities:
Toastmasters
Licensed Real Estate Broker (inactive)
Board of Commissioners Meeting
11/15/2010
28 -1 -44
JUN -08 -2005 WED 01 :54 PM NHC INSPECTIONS FAX N0. 9107937535
tier Hanover Coo my
Board of Cosa
320 MWIN 1 SwOk IeOO■ 30S
Wilmin g um, 1 C' 21401.4093
T■xapborw (9 t4) 341 -1149
VAX (9 10) 3414 13 0
P. 02102
COMrdrI TEE APIPUC !►TION
tq oe'
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Afalling Addxw if difGcre�nt= �
9el
�im
Ycors �iag ale: ' Fan�lc:.. �t vccr Age.
New 1111e0vrr County, M �..�.
(twvirnelMs hr dw per" el s■s.rh0 a wu 5491160 Of &b& eem am* 147)
Employrer:
(A pa n ru mrrem b► IMP143►4 4 by The agant ► 0 r ie0tl11wm I hr *Wkk ibis a" 11COING Is M1st"r V"1U09 V11b N Ow Uummer ae
up" epp.ia lre•t. ft scelprirree .11r AAkle VL'B!elire 4 O4 1fa Now U mover C"1897 Verse %wet Talky.)
i - ) 4 � /e t. J
job in
tie:
PvhsdaW AetW itsl
Velnsteer Act[vttks: (1—
t � r �.
Wi do y�va wish to r an bas
f�L 14.4 14 4
L 6 !2b i is be�11 i+■ Whar
C ■wallet of tieereer ■ e 4d" mu"O beflbres Re 1 who 1143 ■ Goor OU01 W ca*allc P1 b1rns! W r p11ry►tefwr Il�ve. awt member *A�YlrsiaM M
�n
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b�111� ;1. gf[bM dfi'+4s# 0� h�c� M � f�� Y�d■r telTlid�raNa+�. TAr w►�A�OIr ahaNld fA�N 'b�1 ��►��! aja�s
Wh*t l■ of comcm would yea like to we oddrened by this Ummii ra?
--�
Q6zJHW iGR f* M OM: 6001L~,;�
Otler wa lk* rl ail' MMY boardskM an wbkt y
List three 1 l perwaA rdarcum mad phi 86"btl:
"W� r
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Datt:
AppWS11I61 fit■ Url ■■ !11■ f6f 11 w�� th1i
llW� e evt rot 114r lei additleask tolm Waif
Board of Commissioners Meeting
11/15/2010
28 -1 -45
ND'V, /01 /2010M.ON 07:22 AM FAX No. 910 ?59 6644 P.00U001
NEW HANO VER COUNTY
BOARD OF COMMISSIONERS
230 Goverment Cenler Drive, Suite 175
Wilmington, NC 26403
r alaphona (910) 798 -7749
FAX (9f 0) 798 -7145
COMMITTEE APPUCATION
BUarWC,0Mmjfte . Zoning Board of Adjustment
N1e: Chad Mc EWe a Fall: ch admoe�.en �i ].. con
Home
Ate ; 2 2 6 Shore Point Drive W11ami ngton 28 411
Mailing Address if different.• n/a
(city) (ZQ Code)
Home Phone: ( 910 ) 6 04-2100 F ax: ( 910 ) 2 C
] 5Q4 -2100
Years I��lng in
New Hanover county. �s Allele: V( Female: _ Race: white
(Inforrm tkdn tr M a pt rposs of assuring a crass -section of the communAy)
Business:
A ge: 3 2
Empioyer: Tow of B urgaw
A person currantlyr employed by the agency or department for which this application is made, must resign hisMarposhon w,th
New Hanover County upon appokfmant In accordance wish Artiab V4 Sec. 4 or the Now Hanover County Personnel Policy.
Occupation. Plannin Director
Professional Activities: Serves on seve= technical advisory boa related to my emaployment
VoluntewAcdvides. NC Blueber Festiv and chur activities
Why do you Wish to nerve on this boarWC=M dee7 I think I have a firm understanding of the role
of the Board of Adjustment having bears involved in these emoting for over 6 years,
Cnnfllct ar lntaraet #a bow d member wlems N&he fts a Conflict or pomnual conflict of inbmst on a perfader issue. Met member should state furs babef to the other
membws of hWhw raapaet}ve board dwinp a pubUb mea ft The member afiaudd state the nennn or the coMdct, Qetawng Mt he/she has a separaie, prNvate, or monetary
lntmo rt either dred or md'iArect, in the issue under consldem0on. The mealber siiouud Then excuse t d1hWA41 f from vofing on the ma►f[er.
What areas of concern wou ld you like to see addressed by this committee? I would li ke to sea the
Hoard continue to serve ita proper statutory functions a out in NiCGS 168A -388.
Quallticatlons for serving I ha ve worked as tho Planning Director for the T of H urgaw for
nearly 6 bears and I'm well versed on the functions of Zoning Boards of Adjustment
Other municipal or county boardBJcommittees an which you are serving: n one
List three local personal references and phone numbers:
1. Dr. mark 3:"rial (910) 962 -3000 NOV - 1 201
2 Kamm Willson ( 910) 443 -4471
sk. P0 W HANOVER CO.
. Lo=' s Hawse (910) 604 -0912 BD. OF COM
Dam: I I -I-, 1D__
Appllcatiorts are kWt on file for It mon&s
phases use rover= side tv a dditi ona l commerr[a
Signature .
1 snda � tm
appoinent sa ws art Tie pkwur�e
of tho Now Hanover Cawrty Board of Cornet =;wwm.
Board of Commissioners Meeting
11/15/2010
28 -1 -46
New Hanover County
Board of Commissioners
230 Government Center Drive
COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Board /Committee: Zoning Board of Adjustment
Name: Jog Miller
Home
Address: 7103 Cental 1 ion Court Wilmington 28411
(Street) (City) (Zip Code)
Mailing Address if different:
E -Mail Address: j oe @ coa s to 1 i nves ti ng . com
Home Phone: Fax: 910 --338 -1826 Cell: 914- 538 -5639 Business: 910-796 -1022
Years Living in
27
New Hanover County: 15 Male: ' Female: Race: W Age:
(information for the purpose of assuring a cross section of the community)
Employer: Self-Employed (Coastal Investing r LLC )
(A person cu rren tly employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Occupation: p eal Estate Investments
Professional Activities Wilmington Young Professionals, Member Real Estate Investors Association
Volunteer Activities: Teen Court, NHC JCPC , Chair of Cape Fear Fair Taxation, Young republicans
Why do you wish to serve on this board /committee? As professional in the real estate community I
bring a unique perspective with plenty of expierence and knowledge
Conflicf of Interest ff a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should sta this beliefto the other
members of his respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either director indirect, in the issue under consideration. The m ember should then excuse himself / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Bala of fairness to all parties
and property rights
Qualifications for serving: I'm currently involved in several leadership positions and I have
expierence in the field of real estate and of good moral and honest character
Other municipal or county boards /committees on which you are serving: N HC JCPC (juvenile Crime Prevention
Comission)
List three local personal references and phone numbers:
1. William B. Jones 910 -232 -8353
2. Dave Spetrino 910- 443 -0746
30 Matt Scharf 910- 538 -9901
Date: / (,-- r ,9 Signature:
Applications are kept on fife for 18 months
OCT - 9 2009
BD. Of Cofj,' �J1SSIONFRS
Use reverse side for additional comments
Board of Commissioners Meeting
11/15/2010
28 -1 -47
Oct 26 10 12:12p Frank Roberts Conslructio 9107990330 p.1
NEW NANOVER COUNTY
BOARD OF COMMISSIONERS
230 Gwemment Center Drive, Sudie 175
Wrfming[on NC 28403 COMMITTEE APPLICATION
Telephone (910) 798 -7149
FAX (910) 79 8-715
SoardlCommlttee: Zoninq Board of Adj uss tment
Name. O . Frank Roberts Jr . E- wait f rober is Q lea �, �'d]#ee 404 SfvGyiA►j . 400
Hone
AumSV. 1639 Flounder Ln. Wilmington 28409
Mailing Address if differEn t:
rte)
Home Phone: 279 -0823 F arx. 799 -0330
(ZO Code)
Business: 2 7 9 - 0823
Years living In
New Hanover County: 1 9 Ma ►8: Percale: Race: Cauca s i o n Age: 52
f r fvrmetkw Obr the purpose vt assuring a cross- section of the comnwnity)
Employer. Frank Roberts Construction Co Inc.
A person cvawtly employed by the agency or department fvr which this app lice tion is made, must r93ign hWher position wth
Now Hanover County upon appointrrwnt; in accordance with Arti VI, Sec. 4 of the New Hanover County Personnel Policy.
Occ upaan; Residential Single and Multi F a mi ly Homebu ld and Remodel er
Professional ActWties Hoome Bui Associatio NBC V C o u nci 1, Af f . Housing Coalition
Voluntreer Fleet Reserves Aaaociaticra, Tri- County Homeless Inte ragency Council, VFW
Why do you wish to serve on this boar0Vc0rrimit[ee? To be an in s trunental part of an en tity that
Corfflk1 et #nt~- It a board niernbe► bellevss hsr'she her i convict or potential cailllitt Of InmMst on a par6cutarissue, that member should state fts belief to the other
members of haftr respecbm board dudna s public meWng Tire member should atat+e Me nahue of the corffict, detsfing that he(she hes s sepanft. prfve*, or Mcfh ow
Interest either direct orindnd, in ft I ss ue underconsidwanan. The member should then excuse hl sefflmrseflltam volm9 on the nra r.
What aroas of concern would you like to see ad by dhi Cor't'ItT itfte-? Fair determi nation /jai t igati on
provides quidance and lair to the profession in which I work, and to assist others in need.
for ethical resolve where "o ne sire fits all" tampla►tes of government do not work.
Q uallficadons for serving: Profe ssio n a l, honest integrity. Willingness to be outsp . Past
military background in utilizing Feder&1 regulations (CFR, USC) and reprenente.tion of UCMT
Other municipal or county boanWcommittees on which you are serving Nana at this time
rn LS � V
List three local personal references and phone numbers:
I. Pate Devi 262 - 2113
Z Rosalie Ca larco $15-4959
3 Roger Bullock 540 -9256
OCT �,k 2010
BQ. OF U`0' {' S10NFRS
Date: October 23, 2 010
n: we kept on No for f 8 months
Please use reveme side for additional comments
Signature
Gelk 279 -0823
1 aed 'aPw rd that this o000lnh"em serves at arepleasum
of the Now Hanover County Board of Commissioners.
Board of Commissioners Meeting
11/15/2010
28 -1 -48
a
Oct 21 10 10:36p j stanton 9104585853
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Driver Suite 175
Wftinoan, NC 28403 COMMI EE APPLICATION
Telephone (910) 798-7149
FAX (910) 796-7145
Board /Commi Zoning Board of Adj us teen t
P . 1
Name J ohn Edwin " Stanton II F -Mail: jostan @gma110 . com
Home
Address 708 Carolina Sands Dr. Carolina Beach 28428
(St reet) ►p o e
Mailing Address if different:
fC�y1 (Zip Code)
Home Phone; 910 --458 -5853 Fax: Gell: 910-368-7302 Business: 254 -3555
Years living in
New Hanover County: 1-2 Male: Female: Race.
(lnfarmation for the purpose of assuring a cross- section of li, t rommunity)
Employer Titan A uto Vnl. mi t o d . I nc.
Age: 4 7
A person currently employed by the agency or department for which this application is made. must resign hislher position with
iV ew Hanover County upon appointment. in accordance with Article Vl. Sec. 4 of the New Hano County Personnel Policy.
Oc cupation: sa les Manager
Professional Activities Running a Pre-Owned Auto Deale =ship
Volunteer Activities: Breazeale for Congress, Veterans Co- ozdinator /fund raising
Why do y ou wish to serve on this board/comrrruttee? I n order to serve my fellow citizens and ensure
their voic in t he c ' ty .
Conflict of Wwror If a board member believes he, has a conflict or potential conflict of interest an a particular issue. that member shouid slate this belief to the other
members of hisftr respective boars during a public meeting. 7he member should state the natum or the confi ct. detailing that helthe has a separate. private, or monetary
intwas either dWwf or.jnd►mct, in the issue under consideration. The member shou then excuse hims eyit,erself fmm voting on the matter.
What areas of concern would you like to see addressed by this committee? Z oning applied fairly and
equitably to all of our citizens, both coporate and private.
Qualifications for serving = have managed local businesses for years as well as I am a cit:Lzen
of New a anover County.
Other awMcipal or county boards1corrur9ttees on which you are serving: N/A
I In�E���ML,
f ist dwee locaf persanat references and phone nurnbam
OCT 2 1 201a
i Raymond J , Emery 910 --409 -6894
2 a*hn Rugala 914 - 620 - 9309 H A P t
G uyn elle Broome '9 10 - 458 - 5324 `
D ate: 10-21-10 Signature --
Applications are kept on file far f8 months I understand that this appointment serves at the pleasure
of the Now flanaver'County Board of Commissioners.
Please use revww side for ad dunal coma nts
■
Board of Commissioners Meeting
11/15/2010
28 -1 -49