Agenda 2012 09-17 New Hanover County,
North Carolina
8.4) T y
k )
C)
.01 4 ilk
"Ill
I
*0'1°' W4
September 17, 2012
Agenda
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity • Accountability • Professionalism • Innovation • Stewardship
This page intentionally left blank.
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
1:S/ /7„ "\\:1',:\s y 24 North Third Street, Room 301
Wilmington d fi
NC
.. :7=,t TED DAVIS,JR.,CHAIRMAN•JONATHAN BARFIELD,JR.,VICE—CHAIRMAN
;1/ , JASON R.THOMPSON,COMMISSIONER•BRIAN M.BERGER,COMMISSIONER•RICHARD G.CATLIN,COMMISSIONER
` CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD
f8
SEPTEMBER 17, 2012 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
NON-SECTARIAN INVOCATION (Reverend Richard G. Elliott, Rector, St. Andrew's On-the-Sound
Episcopal Church)
PLEDGE OF ALLEGIANCE (Commissioner Richard G. Catlin)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of Changes to the Aviation Chapter (8) of the New Hanover County
Code
3. Adoption of a Resolution to Commemorate the 300th Anniversary of Craven
County
4. Coastal Resources Advisory Council Appointment
5. Approval of Nine Donations for Accession into the Museum's Permanent
Collection
6. Acceptance of a Resolution Recognizing the Contributions of Librarian Beverly
Tetterton
7. Approval to Apply for a Grant from the US Soccer Foundation for Lighting at
the Castle Hayne Park Soccer Fields
8. Approval of a Request to Expend Funds from the Animal Services Trust
Deposits Escrow Account
9. Approval to Amend New Hanover County Fiscal Year 2012-2013 Budget
Ordinance to Agree with New Hanover County Board of Education Fiscal Year
2012-2013 Budget Resolution Approved by the Board of Education on July 10,
2012
10. Adoption of Budget Amendments
ESTIMATED
REGULAR AGENDA ITEM OF BUSINESS
TIMES GU ITEMS O USI N SS
9:10 a.m. 11. Presentation of Service Awards to Retirees and Employees and New Employee
Introductions
9:25 a.m. 12. Recognition of 3CM (City-County Communications and Marketing Association)
Awards Presented to New Hanover County
9:30 a.m. 13. Consideration of the New Hanover County Blue Ribbon Commission's Anti-
Bullying Resolution
9:35 a.m. 14. Consideration of Constitution Week Proclamation
9:40 a.m. 15. Consideration of Big Sweep and Fall Litter Sweep Proclamation
9:45 a.m. 16. New Hanover County Tourism Development Authority Annual Update
9:55 a.m. 17. Presentation by First Tee of the Cape Fear Region
Board of Commissioners Meeting
09/17/2012
10:05 a.m. 18. Billy Goldfeder Fire Service Organizational Safety Award
10:15 a.m. 19. New Hanover County Hands Only CPR Campaign
10:25 a.m. 20. Ratification of 2012 FEMA Assistance to Firefighters SAFER Grant Application
Submittal
10:40 a.m. 21. A Public Hearing on, and Consideration of, the Proposed Contract for the
Retrofit and 20-Year Operation of the Sustainable Energy Facility (SEF)by
Covanta
11:40 a.m. 22. Consideration of 320 Chestnut Renovations
12:10 p.m. 23. Consideration of Legislative Goals for Submission to NCACC
12:30 p.m. 24. Committee Appointments
PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
12:45 p.m. 25. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
12:55 p.m. 26. 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
09/17/2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 1
DEPARTMENT: PRESENTER(S): Chairman Davis
CONTACT(S):Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Work Session Meeting held on August 30, 2012
Agenda Review Meeting held on August 30, 2012
Regular Meeting held on September 4, 2012
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
1 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 2
DEPARTMENT: County Manager PRESENTER(S): Jon Rosborough,Airport Director and Gary
Broughton,Director of Operations,Wilmington International Airport
CONTACT(S): Chris Coudriet,County Manager
SUBJECT:
Approval of Changes to the Aviation Chapter(8)of the New Hanover County Code
BRIEF SUMMARY:
Mr. Broughton gave the Board a short presentation at the Annual State of the Airport Meeting on May 17,
2012. The chapter with changes is attached. The changes are minor in nature but do reflect changes and
additions to Federal Aviation and Security documents made over the years. A letter requesting approval of
the proposed changes is also attached.
This item was continued from the July 23,2012 and August 6, 2012 meeting agendas.
Upon adoption by the Board of Commissioners the amended ordinance will be incorporated as part of the
minutes.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the proposed changes to the New Hanover County Code.
ATTACHMENTS:
Letter Requesting Consideration and Approval of Recommended Revisions to New Hanover County Code
Proposed Changes to Section 8 of the New Hanover County Code
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
2-0
July 12, 2012
New Hanover County Board of Commissioners
ILM 230 Government Center Drive
Wilmington, NC 28403
Airport Authority
Re: Aviation Revisions to New Hanover County Code
John D. Lennon
Chairman
Dr.Charles R. Kays
Vice-Chairman Dear Commissioners:
Robert S. Rippy
Secretary We are seeking your approval to update the information contained in
Chapter 8 the New Ha(noverCounty Code. These changes will allow
Thomas C. Barber II
ILM Standards. mirror the Federal Regulations and Airport
I.A.Roseman,DDS M These include simple title changes, definition
updates and additions, safety/security mandated regulations and civil
Airport Director penalty revisions.
Jon W. Rosborough
I have included the above chapter with the recommended changes,
additions and deletions for your review. Your consideration and approval
is appreciated.
Sincerely,
.4r
k N, cn vir ci,
Jon W. Rosborough, Airport PiL4ctor
Cc: Mr. Chris Coudriet, New Hanover County Manager
Board of Commissioners Meeting
1740 Airport Boulevard • Wilmington, Pk' 2840509/Agm 910-341-4333 • Fax: 910-341-4365 • vvvvw.flyilm.com
2- 1 - 1
ARTICLE I.—IN GENERAL
Sec. 81.--Short Title.
This chapter shall be known and may be cited as "The Wilmington International Airport
Rules and Regulations."
(Code 1978, §2.5-1)
Sec. 8-2. 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:
Air traffic control tower radio control area (ATCT-RC)means the movement area,excepting the
following:
(1) Fixed base operator's aircraft parking aprons;
(2) Scheduled air carrier aircraft parking aprons;
(3) Other designated aircraft parking areas.
Airport means the Wilmington International Airport 01 Mi and all its improvements and
appurtenances.
lrPort director meant,that Perttoll emPloyed hy the ai Tort a U1110 ri lY 10 ttUPer\'itte the°Pella!1011
Hid manalletileut Or th J)o nid Ii i nj mmediate cht-Ille or the airPort or Ott dulY Lluthoritted
rePrettelliali‘ett.
Airport employees means the bona fide employees of the Nekk Hattoker Coutity Air'tort
Nu1 2P rl 4 V reini V Ail mord Nut horlt str
than ttq
lrport opt:I-Aim, area (A0A) meant,a movement and non movement areas located within the
L111_11011 Perimeter ilelitte.
Airport 3 Ii 3i C erti ail olimanual(A( M)means that manual,prepared by the airport,
which contains the airport's plans and procedures for complying with FAR,part 139.
I Airport security program(ASP',means that manual prepared by the airport which contains its
plans and procedures for complying with 49 CFR,part 1542.
Airport terminal means the building,vehicle parking and aircraft parking areas utilized to
conduct 4eh air carrier operations.
Aviation operator means any person engaged in business of an aviation nature not within the
scope of a fixed base operator,who is authorized to conduct such business by virtue of contracts
with the county.
Baggage means such articles,effects and other personal property of an airline passenger as are
necessary or appropriate for wear,use,comfort or convenience in connection with his trip.It
includes h thachecked,unchecked and unclaimed passenger property.
Commercial operator means any other person or organization engaged in any form of business
or commercial activity of any nature not within the scope of a fixed base operator or aviation
Board of Commissioners Meeting
09/17/2012
2-2- 1
operator,including but not limited to amusements,automobile rentals,cargo haulers,catering,
food and beverage,ground transportation,parking,etc.
Commercial passenger vehicle(courtesy car)means those vehicles other than taxicabs,which
are used in the business operations of any hotel,motel,marina or auto rental office to transport
customers between the airport and such hotel,motel,marina or auto rental office located off
airport property.
Control tower means the air traffic control tower operated by the Federal Aviation
Administration located on the airport.
Driver means any person who is in actual physical control of a vehicle.
Emergency vehicle means vehicles of the police or fire department,ambulances,or any vehicle
conveying an airport official or airport employee in response to an emergency ofFighaficall.3iiiirtivi he the
n
Fixed base operator ( iH x means any person who shall have entered into a written lease or
agreement with the a i Tort ',tut hori , y for the use of any building, shop or hangar,or for the
site upon which such a building might be erected,and guarantees to provide on the airport and
serve the public with the following services:
(1) Hatipar rental and aircraft storage;
(2) FAA-approved domestic repair station;
(3) Aviation fueling service;
(4) SH 4e-nt ` l ow�, line serhice and n;.poa n. han. i _,
(5) :i HJfl der .0 ::::aiiiicraft;Flight planning. :seri ice W i i ;:
(6) Aircraft rental;
(7) Charter-air taxi;
,1)1 ; : :: 1- 1- :;Rico eh,tr
Incursion means the unauthorized entry,either inadvertent or deliberate,of any person or vehicle
into the movement area.If the person or vehicle should enter upon a runway or taxiway,the
incursion becomes a runway or taxiway incursion respectively.
Instructor means any individual giving or offering to give instruction in the operation,
construction,repair or maintenance of aircraft,aircraft power plants and accessories,including
the repair,packaging and maintenance of parachutes.
Limousine means for-hire vehicles on call or demand which do not solicit customers
indiscriminately for hire between points along streets or highways.
Local operator means any person using the airport as a base,or locus,for the purpose of
operating any aircraft for the training of students,the demonstration and sale of aircraft,the
carrying of passengers or cargo,the repair of aircraft,charter service or the use of any aircraft,
for any commercial purposes whatsoever for hire,gift,remuneration or reward,and who,by
Board of Commissioners Meeting
09/17/2012
2-2-2
agreement,guarantees to maintain an office at the airport and adequate personnel for performing
these services on a full-time,annual basis.
I Lost article means any article turned into the airport � a . 1)01;C,,alety office by finders or
others who have no legal title or claim to the article.
Motor vehicle means every vehicle that is self-propelled.
Movement area means the ruin\4 .::: v Lir,ami other s or an airPon that are :.lor
lax;;n1,1-takeoff and !width!' or aithrLirt,exclth,ike or boadth2,ram Lind allerLirt Parkin!' areth,. a
part e: ,..1 14E4 1 Rio-vet-1i Q— i ,,::r ................0,. ......', ... ,..,...,art,,
Nonscheduled operator means any person using the airport for the purpose of the landing and
taking off of any aircraft whose purpose shall be the taking on or the unloading of any
passengers,mail,express,freight or cargo for hire,gift,remuneration or reward,or for the
purpose of refueling,and whose operations shall not be required to meet the regulations
demanded of a scheduled air carrier as provided by the federal government.This includes air taxi
and commercial operators of small aircraft under FAR part 135.
Passenger means any person who is embarking or debarking at the airport under the supervision
of a private aircraft operator,fixed base operator or a certified air carrier.
,thietyl'ol;-(th officer means law enforcement officers,crash fire rescue officers,airport
manager and his representatives,and every person authorized and empowered by the a i itport o
authority co htt,i to direct or regulate traffic and to enforce the airport rules and regulations.
Public area means those areas,including the various concessions,restrooms,terminal lobby
sections,ticketing sections and concourses used for public thoroughfares,gathering,waiting and
viewing;streets and roads;sidewalks;and all other areas normally used by the general public.
All other areas are considered operational areas,and access is permitted upon expressed consent
of the airport director ctor e F.
Refueling truck means any motor vehicle used for the transporting,handling or dispensing of
aviation fuel,oils and lubricants.
Restricted area means all nonpublic areas of the airport,including the movement area,control
tower,utilities and service rooms or areas,airline communication offices of the airport terminal
or the control tower,and any other areas designated"restricted"by the airport director ttianatet,
on a map available for inspection at the office of the airport director
Scheduled air carrier means any person engaged in the operation of any aircraft for the purpose
of transporting passengers,mail,express,freight or cargo,whose operation is either intrastate or
interstate and in compliance with all of the federal regulations,including but not limited to FAR
parts 121 and 127,governing or pertaining to the operation of aircraft.
Solid waste means as defined in accordance with the definition contained in 10 NCAC
10G.0101(36).
Solid waste generator means any person who generates solid waste.
Taxicab means any motor vehicle, seating nine or fewer customers,operated upon any street or
highway on call or demand accepting or soliciting customers indiscriminately,for hire between
such points along streets or highways as may be directed by the customers so being transported.
Board of Commissioners Meeting
09/17/2012
2-2-3
Vehicle means every device in repose,or by which any person or property is or may be
transported or drawn upon a highway,including bicycles.
(Code 1978, §2.5-2)
Cross reference—Definitions generally, § 1-2.
Sec. 8-3. -Previous regulations.
This chapter supersedes and cancels all other previous rules and regulations as set forth by the
county.
(Code 1978, §2.5-3)
Sec. 8-4. - Amendments to chapter.
Future amendments,additions,deletions or corrections to this chapter may be promulgated by
I the couiti y-airport authority and shall be approved by the board of county commissioners in
ordinance form.
(Code 1978, §2.5-4)
Sec. 8-5. -Special regulations,notices or directives.
Special regulations,notices,memoranda or directives of an operational nature of interest to
persons engaged in business with the county shall be issued under the authority of this chapter.
(Code 1978, §2.5-5)
Sec. 8-6.--Conflicting regulations.
This chapter is not intended to amend,modify or supersede any provision of federal,state or
local law with which it may be deemed to be in conflict;however,this chapter shall be
interpreted,insofar as possible,so as not to conflict with any such law.
(Code 1978, §2.5-6)
Sec. 8-7.--Enforcement.
The uniformed public safety po'',arta officers or other representatives as designated by the a i iport
te,director are empowered to require compliance with this chapter.
(Code 1978, §2.5-8)
Sec. 8-8.--Penalty for violation of chapter.
As provided in section 1-6,violations of this article may be enforced by any one or more of the I Field Code Changed
remedies authorized by G.S. 153A-123,including but not limited to the following:
(1) The a i iport ,:_yiti-yo director or hk,(lesigi we may issue a citation which subjects the
offender to a civil penalty, as noted in the I[..N1. rates and lees ]u1e, to be
Board of Commissioners Meeting
09/17/2012
2-2-4
recovered by the a i p,p, authority a IA v-in a civil action in the nature of a debt if the
offender does not pay the penalty within 20 days after being cited for a violation.
(2) A misdemeanor warrant may be issued either immediately or upon the issuance of and
the violator's failure to pay a citation.
(3) A civil action seeking an injunction and order of abatement may be commenced.
(Code 1978, §2.5-9)
Sec. 8-9.--Continuing violation.
Each day's continuing failure to comply or willful violation of any rule or regulation shall
constitute a separate and distinct offense and shall be punishable as a misdemeanor by fine e tot
,3hn t Li 1 ii-40.00-or imprisonment for not more than 30 days at the discretion of the court.
(Code 1978, §2.5-10)
Sec. 810. Nonliability of the county.
I The permission granted by the a i ro rt ddhuidhho director to use the airport and its facilities,or to
fly to,from or over the airport,shall be at all times conditional upon the assumption of full
responsibility by every person exercising or taking advantage of such permission.It shall be a
further condition that each person,as a consideration for the use of the airport and for its
facilities,shall at all times release,hold harmless and indemnify the county, airport rtt 2 it
director,the a uit iftairport authority and their agents and employees from any and all
responsibility,liability,loss or damage resulting to any person,or caused by on his behalf,an
incident to the manner in which the airport is operated,constructed or maintained,or served from
within or without,or used from without.The use of the airport by any person for any purpose,or
the paying of fees,or the taking off or landing aircraft,shall be itself an acknowledgement that
such person accepts such privilege on the conditions set forth in this chapter.
(Code 1978, §2.5-11)
Sec. 811. insurance requirements for contractors.
All contractors performing work on the airport,especially in the movement area or transiting
through the movement area,shall show evidence of insurance in kind and in amount as
established from time to time by the county.All such insurance shall name the airport authority
and h a-R-4 of county commissioners as coinsured,and the policy shall also contain a section
stating that the i rport ',tut hori ty o i4' shall be informed,in writing,by the insurance carrier
hi it yittatt days prior to cancellation of the required insurance.
(Code 1978, §2.5-12)
Sec. 8-12. Airport -endirector designated;powers and duties generally.
The a i Tort e ye,director shall be responsible for the operation,management and
maintenance of the airport and all connected facilities.The airport hkedurti Are director shall at all
Board of Commissioners Meeting
09/17/2012
2-2-5
times have authority to take such action as may be necessary in the handling,conduct and
management of the public in attendance at the airport and enforce this chapter.
(Code 1978, §2.5-13)
Sec. 813.--Accident reports.
All persons involved in any accident,personal,aircraft or automotive,occurring on the premises
I of the airport shall make a report to the public sa fety office yolk:- 3,fri-Cef as soon as possible,
giving all pertinent information as requested by the officer in charge.
(Code 1978, §2.5-14)
Sec. 814. IBuilding requirements and ground rental.
Any person desiring to erect or construct any building on the airport shall be required to submit
I plans and specifications for the construction to the al-,,i)ort ve director and to the
department of inspections of the county.The plans shall also include a general layout,drawn to
scale,showing the desired amount of ground actually required for the operation of such building
in addition to the portion occupied by the building proper.Doors on all buildings shall be self-
contained.No projection for the suspension or carrying of doors shall be permitted beyond the
I building line as established by the co-,; it po Liuthority.All buildings erected upon the airport
shall conform to the building code requirements of the state and the county and be approved by
I the department of inspections and the ai molt executiN-o director.Prior to the commencement of
any construction,all licenses and permits must be obtained.
(Code 1978, §2.5-15)
Sec. 815.--Demonstrations;all others.
(a) No person shall conduct or participate in parading,marching,patrolling,demonstrating,
sitdown,assembling,distributing of pamphlets or other materials,or carrying or
displaying of signs or placards in or upon airport property\A it hout ist securing Lip rwok ii
from the airPort J o itkc t ii t noiCe rit to the-
Lti titel I-441 iitii afid [Fa 14 2atioti-
ofoti-te-act i
(b) No person shall:
(1) Make any rude or riotous noise,or be guilty of any disorderly conduct
the airport t-oFfRiK,
(2) Unlawfully write or scribble on,mark,deface,besmear or injure the walls of the
airport terminal;or
(3) Commit any nuisance if rieiHoon the airport 4
(c) The al Tort ekeeii-ti,,e director shall have the authority to arrest summarily and without a
warrant any person violating subsection(b)(1),(2)or(3)of this section.
(Code 1978, §2.5-16)
State law reference Disorderly conduct in public facilities,G.S. 14-132.
Board of Commissioners Meeting
09/17/2012
2-2-6
Sec. 81 .__Use of sound amplifying devices.
Sound trucks and amplified record-playing machines shall be prohibited on the airport except
I when approved by the al po rt .4'e director.Only such public address systems as are
commonly employed,announcing the arrival and departure of scheduled airline planes,shall
normally be permitted on the airport.
(Code 1978, §2.5-17)
Sec. 817.__Airport ort hihways, streets and walks.
Airport highways and streets may be used as a means of ingress and egress by highway vehicles
to,from and between the airport streets with which such highways connect and various buildings
and land areas at the airport abutting upon such highway and streets;and sidewalks along such
highways and streets(and other portions of such highways and streets when designated for that
purpose)may be used by pedestrians as a means of ingress and egress to,from and between
various portions of the airport.
(Code 1978, §2.5-18)
Sec. 818.--Lost articles.
All lost articles shall be turned in to the public safety e .. W, ttt . office by the finders.
Any such articles not claimed in 60 days will be disposed of as determined by the al ipoq
director or his designee and p I ca v 1111 all slate ;;.
(Code 1978, §2.5-20)
Sec. re,1. .--=Business activity reports.
All commercial operators operating on the airport under a valid lease,contract or agreement or
through other such valid authority shall submit to the al MON vx-e2 a director,on a monthly
basis,the following business activity statistics on a form supplied by the airport dire
:
(1) Number of enplaned passengers;
(2) Number of deplaned passengers;
(3) Number of pounds of enplaned freight;
(4) Number of pounds of deplaned freight;
(5) Number of scheduled,commercial landings;and
(6) Other business activity statistics that indicate the business activity volume requested by
the al Tort e ,N±i e director.
(Code 1978, §2.5-21)
Sec. 8-20.__8-50.__Reserved.
.
Board of Commissioners Meeting
09/17/2012
2-2-7
ARTICLE II.—AERONAUTICAL
Sec. 8-519--Licenses and registrations
Only aircraft and airmen properly licensed by the Federal Aviation Administration(FAA)shall
operate on or from this airport.All aircraft must be registered with the FAA and carry an FAA
certificate of airworthiness.All airmen shall maintain current and proper licenses and ratings.
This restriction shall not apply to aircraft of the federal government or to aircraft licensed by
foreign governments having a reciprocal agreement with the United States covering the
operations of the aircraft in the United States.
(Code 1978, §2.5-32)
State law reference Qualifications of aircraft operator,G.S.63-2O;possession and exhibition
of license certificate,G.S. 63-21; aircraft construction,design and airworthiness,G.S. 63-22.
Sec. 8-52.--Rules,regulations;instructions; guidance lines.
All aircraft in flight within the airport control zone or in motion or parked on the runways,
taxiways,aprons,hardstands or ramps of the airport shall be governed by the current Federal
Aviation Administration and General Statutes concerning flight and all written or oral
instructions of the air traffic control tower.All aircraft shall follow the appropriate taxiway and
runway guidance lines when operating on the airport.
(Code 1978, §2.5-33)
Sec. 8-53.--Prohibiting landings and takeoffs.
The a v(port director may prohibit aircraft landing and taking off at any time and under
any circumstances when the a v r r t -,:ut director deems such landings and takeoffs likely to
endanger persons or property,except for emergency landings.Further,the a v morte
director may delay or restrict any flight or other operation at the airport to any aircraft when any
of the provisions of this chapter are violated in any manner.
(Code 1978, §2.5-34)
Sec. 8-54.--Restrictions.
No aircraft shall be operated on the surface of any public landing areas,public aircraft ramp and
apron area,public passenger ramp and apron area,public cargo ramp and apron area or public
aircraft parking and storage area in a careless or negligent manner or in disregard of the rights
and safety of others,or without due caution and circumspection,or at a speed or in a manner
which unreasonably endangers persons or property,or while the pilot,or other persons aboard,
controlling any part of the operation of the aircraft,is under the influence of intoxicating liquor,
or any narcotic or habit-forming drug,or if such aircraft is so constructed,equipped or loaded as
to endanger or be likely to unreasonably endanger persons or property.
(Code 1978, §2.5-35)
Board of Commissioners Meeting
09/17/2012
2-2-8
State law reference Operation of aircraft while impaired,G.S. 63-27.
Sec. 855. Conditions of airport.
I If the a i Tort ex-eel-A'y director believes the conditions of the airport to be unsafe or safe for
landings and takeoffs,it shall be within his authority to issue a notice to airmen(NOTAM)to
close or open the airport,or any portion of the airport.
(Code 1978, §2.5-36)
Sec. 8-56. Engines;noises;personnel.
Aircraft engines will be warmed up only in places approved for such purposes by the
a i y)orte director.At no time will aircraft with engines running or engines being tested be
left unattended by any person.At no time shall engines be warmed up or operated when hangars,
shops,offices,buildings,persons,equipment,passengers or aircraft landing,parked or taking off
are in the path of the propeller stream or jet engine exhaust. Starting engines shall be prohibited
until proper clearance has been given by ground personnel and until all standard safety
procedures have been met.Propeller and exhaust noises shall be kept to a minimum at all times
at the airport.Operation of aircraft engines shall be restricted to qualified personnel.
(Code 1978, §2.5-37)
Sec. 8-57. Parking aircraft.
No person shall park an aircraft or leave it standing on a public landing area,public aircraft ramp
and apron area,public passenger ramp and apron area,public cargo ramp and apron area,public
aircraft parking and storage area,or operational area of any terminal,except at such places as
may be prescribed or permitted by the a i y)ortex-- director.When in such an area,every
aircraft shall be adequately tied down.The landing gear of every such aircraft shall be chocked
with wheel blocks or other approved devices,except in cases where in the opinion of the
al Torte director proven procedures,such as those followed by the scheduled airline,are
equally safe.Upon direction from the a i iportex-2uti-v„,-,director,the operator of any aircraft
parked or stored at the airfield shall move such aircraft from the place where it is parked or
stored to any other designated place;and if the operator refuses to comply with such direction,
the ii 204i ve director may tow the aircraft to such designated place at the operator's
expense,and without liability for damage which may result in the course of such moving.
(Code 1978, §2.5-38)
Sec. 858. Repairs; fueling.
No person shall repair an aircraft,aircraft engine,propeller or other aeronautical equipment or
apparatus,nor employ a certificated aircraft mechanic in any area of the airport other than that
I specifically designated for such purposes by the al rportexi-,2„141 4,-,director,and then only after
Board of Commissioners Meeting
09/17/2012
2-2-9
securing a permit,and payment of the proper fees;except that minor adjustments may be made
while the aircraft is on a loading ramp preparatory to departure.No fuel shall be placed in any
aircraft by any person or company except by licensed handlers of aviation fuel so licensed for
this operation by the county in accordance with article III of this chapter.It is the intention of
this section to allow individual aircraft owners to fuel their own aircraft in accordance with
permits issued pursuant to section 8-102. Field Code Changed
(Code 1978, §2.5-40)
Sec. 8-59.--Report of damage.
Any person damaging any light or fixture by means of contact with aircraft shall report such
I damage to the a i nortt)x),2 u : director's office or . i),11: immediately and shall be fully
responsible for any costs required to repair or replace the damaged facility.
(Code 1978, §2.5-42)
Sec. 8-60.__Categories of aircraft.
Aircraft shall be classified under one of the following three categories for determining fees,
charges or other purposes:
(1) Private aircraft are operated noncommercially by the owners.Flying clubs'aircraft and
corporate aircraft may qualify as private if the .i iporte ee 4'e director determines that
they will be used,and are in actuality used,in a noncommercial manner(i.e.,are used solely
to provide transportation to corporation or club members).
(2) Commercial aircraft are used:
a. To carry passengers for hire on local flights;
b. For rental,hire or charter;
c. For student instruction;and
d. For other commercial purposes.
(3) Certified air carriers as follows:
a. Contract.All federally certified air carriers holding a contract with the
a rpo »». »». 110 r iy for.airport usage.
b. Noncontract.All federally certified air carriers not covered in subsection(3)b.of
this section.
I) Military ail-Gil-Lilt. (IP) lee),IA ill 1)))))LI eiiimed ardin),,t any military aircraft)
(Code 1978, §2.5-43)
Sec. 8-61.__Aircraft equipment rules.
(a) No aircraft shall be operated on the airport unless it is equipped with a tail wheel or nose
wheel and wheel brakes,except with the permission of the .i rintti-kre director.
When any pilot of an aircraft that is not equipped with adequate brakes receives permission
Board of Commissioners Meeting
09/17/2012
2-2- 10
I from the director to taxi such aircraft, such pilot shall not taxi such aircraft
near buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the
pilot;provided,that an aircraft with wings and tail higher than five feet from the ground
which does not have adequate brakes shall not be taxied on the airport but shall be towed
if it is necessary to move such an aircraft.
(b) Pilots of aircraft shall not land,taxi or take off without a clearance from the control tower
by radio or light signal unless the air traffic control tower is closed.Pilots desiring to use
the airport during air traffic control tower closure shall broadcast on tower frequencies
his intent and shall ascertain that the intended operation is safe and in accordance with
title 14, "Aeronautics and Space,"part 91 of the Code of Federal Regulations.
(c) All aircraft based or using the airport facilities must be equipped with a properly
functioning two-way radio which,under normal conditions,is capable of reading the
tower within a five-mile radius from the airport.
(d) Transient aircraft landing at the airport without l: l l; operational radio equipment,
unless previously approved by the control tower,except in emergencies,will obtain in
person or by telephone general instructions from the control tower prior to taxiing out for
take off.
(Code 1978, §2.5-44)
Sec. 8-62.--Taxiing rules.
(a) No person shall taxi an aircraft until he has ascertained that there will be no danger of
collision with any person or object in the immediate area by visual inspection of the area.
(b) No aircraft shall be operated in a careless or reckless manner or taxied except at a safe
and reasonable speed.
(c) Pilots shall not taxi from the aircraft parking areas into the ATCT-RCA and shall not taxi
onto or across a runway until specifically cleared to do so by the control tower operator.
Failure to obtain the required control tower clearances shall constitute taxiway or runway
incursions.
(d) Aircraft shall be taxied in accordance with prescribed taxiing patterns at all times.
(e) No person shall start or run any engine in any aircraft unless a competent person is in the
aircraft attending the engine controls.Blocks shall always be placed in the front of the
wheels before starting the engine unless the aircraft is provided with adequate parking
brakes.
(f) No person shall run the engine of any aircraft at any location on the airport in such
manner as to cause damage to other aircraft or property or in such a manner as to blow
paper,dirt or other materials across aprons,taxiways or runways in such manner as to
endanger the safety or operations on the airport.
(Code 1978, §2.5-45)
Board of Commissioners Meeting
09/17/2012
2-2- 11
Sec. 8-63.--Landing and takeoffs.
(a) All aircraft will conform to the traffic patterns promulgated jointly by the FAA and the
a i wortex-ecei-f -e director for the airport use unless otherwise specifically authorized by
the FAA air traffic control tower.
(b) Rules for the use of aircraft on all runways and the traffic patterns which shall be
followed by all aircraft using such runways shall be established jointly by the
I air-tort iita 2 it director and the FAA and supplemented where necessary or desirable by
schematic drawings,maps or other visual devices to aid in the clear understanding of such
rules.
(c) Simulated forced landings are forbidden within the airport control zone without qualified,
licensed flight instructors on board.
(d) No aircraft will fly directly over the airport unless landing or taking off,or during an
emergency,at an altitude of less than 3,000 feet MSL unless otherwise instructed by the
control tower.
(e) Roto-craft will not operate within 200 feet of any area where light aircraft are parked or
operating.
(Code 1978, §2.5-46)
Sec. 8-64.--Noise abatement procedures.
Pilots shall use procedures that will result in minimum noise to surrounding areas.This includes
but is not limited to avoiding low-altitude maneuvers.Optimum power settings and maximum
altitudes shall be maintained consistent with safety.
(Code 1978, §2.5-47)
Sec. 8-65.st Disabled,derelict aircraft.
I Upon demand made by the a i rport atiettmirttip director to the owner or operator of any abandoned,
disabled or derelict aircraft or their parts,wrongfully or improperly left upon airport property,it
shall be the duty of the owner or operator to remove the aircraft at his own expense.If after such
demand the owner or operator fails or refuses to move such aircraft within a reasonable time as
determined by the a i iporte ive director from the circumstances and condition of hazard
created by reason of the presence of such aircraft at such place,the a i rporttotrorautthitti director shall
cause the aircraft to be impounded or stored.The cost for such removal and storage shall be
charged against the owner or operator of such aircraft and upon the payment of the charge,the
impoundment shall be released and possession of the aircraft shall be restored to the owner or
I operator.After such aircraft has been impounded for a period of 90 days,the al cporttexe eu-tive
director shall cause the impounded aircraft to be disposed of in accordance with the laws of the
state;and all moneys,less the cost of impoundment,storage and disposal,shall be returned to the
aircraft owner or operator.
Board of Commissioners Meeting
09/17/2012
2-2- 12
(Code 1978, §2.5-48)
Sec. 8-66.--Damage to airport.
The owner or operator of any aircraft which by reason of any type of accident,crash or fire,or
which by reason of malfunction or operation,causes any damage to airport property shall be
responsible to the airport authority,: Hi Y for such damage;and the amount shall be ascertained
by the air)ort m 2 t 4-V-0 director,who shall make demand upon the owner or operator for
payment.In the event of the failure or refusal of the owner or operator to pay the amount of such
claim for damage,a full report of the circumstances on which the claim is based,together with a
copy of the claim, shall be turned over to the county attorney,who shall,when directed by the
a i clort authorit ybeerrd e44,3 IA+"re, '1404 itM'Yr,institute in the name of the a i clort
uthoritye-e-unty all necessary legal proceedings for collection of the claim.
(Code 1978, §2.5-49)
Sec. 8-67. Security of aircraft.
When the kind,type,mission and condition of an aircraft makes it necessary in the opinion of the
owner to provide security guards or police officers wherever the aircraft is located on the airport,
the owner of the aircraft shall be responsible for obtaining,providing and maintaining its own
security guards or police officers after permission to establish such security has been obtained
I from the a'work) ),÷ii-tivt-director or his duly authorized representative.Security requirements
shall not be used as a means to hinder or delay removal of aircraft at the direction of the
i )ort 2 director.
(Code 1978, §2.5-50)
Sec. 8-68. Stunt flying;aerobatics.
I Except for public displays of aviation flight specifically authorized by the ail-port
director to be conducted under responsible auspices and control,violation of any of the following
provisions shall be illegal and an offense:
(1) No person shall operate an aircraft in a careless or reckless manner so as to endanger the
life or property of others by buzzing,diving or low-altitude flying.
(2) No person shall engage in aerobatic or stunt flying over congested areas or over an open-
air assembly of persons or below an altitude of 1,500 feet above the surface.
(Code 1978, §2.5-51)
State law reference Dangerous flying a misdemeanor,G.S.63-18.
Sec. 8-69.--Radio equipment.
No person shall operate any radio equipment in any aircraft when such aircraft is in a hangar
during the time any maintenance,other than radio maintenance,is being performed on the
aircraft.
(Code 1978, §2.5-52)
Board of Commissioners Meeting
09/17/2012
2-2- 13
Sec. 8-70--8-100.--Reserved
ARTICLE III.FUELING AND FLAMMABLES
Sec98-1019 --Genera use and procedures.
(a) Fuel storage areas on the airport shall be protected by fencing at all times. Gates shall be
kept closed when not in use.Warning placards shall also be posted to warn against
inadvertent public entry.
(b) No person shall use flammable,volatile liquids having a flash point of less than 100
degrees Fahrenheit in the cleaning of aircraft,aircraft engines,propellers,appliances,or
for any other purpose unless such operations are conducted in the open air or in a room
specifically set aside and approved for that purpose,which room must be properly
I fireproofed and equipped with adequate and readily accessible fire extinguishing
apparatus.
(c) The procedures and precautions outlined in the criteria of the National Fire Protection
Association(NFPA Pamphlet#410D, "Safeguarding Aircraft Cleaning,Painting and
Paint Removal," and NFPA Pamphlet#410F, "Aircraft Cabin Cleaning and Refurbishing
Operations")shall be adhered to in all cleaning,painting and refurbishing operations
using flammable fluids,including the storage of such fluids.
(Code 1978, §2.5-62)
Sec98-1029 --Fueling operations.
No person may transport,store or dispense fuel on a v(port ) )eft ytkc fl:...il a without
first obtaining a permit from the a v(port�e t director.Permit denials shall be specifically
based on stated public health and safety criteria.
(Code 1978, §2.5-63)
Sec98-1039 --Fueling and defueling aircraft.
The following general rules shall govern the refueling,defueling,oil service and sump pumping
of aircraft,the placing of fuels in storage tanks or dispensers.Rules shall conform to NFPA
volume 407:
(1) No aircraft shall be refueled,defueled or oil serviced while aircraft engines are running,
or aircraft is being warmed by application of heat or,with the exception of oil servicing,
while such aircraft is in a hangar or congested or enclosed space.
(2) No person shall smoke or permit any open flame within 100 feet of any aircraft
undergoing fuel service or within at least 50 feet from any hangar or building.
Board of Commissioners Meeting
09/17/2012
2-2- 14
(3) Prior to the fuel servicing of any aircraft,it and the fuel-dispensing equipment shall be
grounded to a point of zero electrical potential.. 4k€'.r .1: ed be4e-,:::� :"W-11C.-
mt3`1+3 1.1H+ pf w fit 1;(1. �.
iketu- fig 10-/ 10- Fe raft
This procedure ileces,rari� � 'will apply to storage,dump,and the filling of
dispensing equipment.
(4) When malfunctioning of refueling equipment is detected,all refueling shall cease
immediately and the malfunction remedied or entire unit replaced by another.Any
malfunctions or irregularities detected on or within the aircraft being serviced will be
brought to the attention of the aircraft owner or operator immediately.
(5) Crews engaged in the fueling and defueling of aircraft,the filling of dispensing
equipment or dumping into storage with aviation fuels will exercise extreme caution to
prevent spills.When spills occur,servicing will cease and spills will be removed or
absorbed with suitable material.When spills of ten gallons or more occur,it is incumbent
upon the crews engaged in the fueling and defueling of aircraft to notify the airport public
safety office.Failure to notify the public safety office shall be deemed illegal and a
violation of this chapter.
(6) Fueling pumps,meters,hoses,nozzles,fire extinguishers and grounding devices will be
kept in first-class condition at all times.
(7) During fuel-handling operations in connection with any aircraft,no less than two Ih.
....,... p1 dry chemical fire extinguishers I 5 130- l i shall be
immediately available for use in connection therewith.
(8) No person shall perform or allow performance of any refueling operations during an
electrical storm.
(9) No person shall operate any radio transmitter or receiver or switch electrical appliances
off or on in an aircraft during refueling or defueling.
(10) No person shall use any material or equipment during fueling or defueling an aircraft
which is likely to cause a spark or ignition.
(11) No person shall start the engine of any aircraft when there is any gasoline on the ground
under such aircraft.
(12) All hoses,funnels and appurtenances used in fueling and defueling operations shall be
equipped with a grounding device to prevent ignition of volatile liquids.
(13) No aircraft shall be fueled or defueled while passengers are on board the aircraft unless a
passenger loading ramp is in place at the cabin door of the aircraft,the aircraft door is in
open position,and the cabin attendant is present at or near the cabin door.
(14) No airborne radar equipment shall be operated or ground tested on any area wherein the
directional beam of high-intensity radar is within 300 feet or low-intensity radar(less
Board of Commissioners Meeting
09/17/2012
2-2- 15
than 50kw output)is within 100 feet of another aircraft,an aircraft refueling operation,an
aircraft refueling truck or aircraft fuel or flammable liquid storage facility.
(15) During refueling or defueling,fuel-handling vehicles shall be so placed so as to be
readily removable in the event of fire so as to permit direct driving away from the loading
or fueling position.Not more than one refueler shall be positioned to refuel each wing of
an aircraft,and not more than two refuelers shall be positioned to serve the same aircraft.
When high-capacity aircraft are refueled,additional refuelers shall not be parked or
positioned within 100 feet from the aircraft served,and then only in areas approved by
the a I wort e \-Hi-tive director.
(16) Each fuel-handling vehicle shall be conspicuously marked in letters of contrasting color
with the word"Flammable"on both sides and rear of the cargo tank in letters at least six
inches high,and with the wording"Emergency Fuel...Shutoff" and other appropriate
operating instructions required at the emergency operating devices in letters at least two
inches high.Each fuel-handling vehicle will also be conspicuously marked on both sides
and rear with the type and grade of fuel it contains.
(Code 1978, §2.5-64)
Sec.8-104.__Storage in. apron ro-. area.
Gasoline,oil and solvent drums or receptacles shall not be stored on apron and ramp areas in
excess of amounts actually needed as current stock.Any material of this type that is kept in
subject areas will be kept enclosed and covered in a clearly marked and labeled housing A ith
(Code 1978, §2.5-65)
Sec.8-105.__Liquid disposal.
No fuels,oils,dopes,paints,solvents or acids shall be disposed of or dumped in drains,on the
ramp areas,catch basins or ditches or elsewhere on the airport. ViOlUi he reported in
accordance s
,.i. ',late and r d er aw
(Code 1978, §2.5-66)
ec.8-1 .__Cleaning i-. floors.
Floors shall be kept clean and free from oil.The use of volatile,flammable solvents for cleaning
floors is prohibited.
(Code 1978, §2.5-67)
Sec.8-107.--Drip. _a.s.
Drip pans shall be placed under motors and kept clean at all times.
(Code 1978, §2.5-68)
Board of Commissioners Meeting
09/17/2012
2-2- 16
ec.8-1 re,.__ Com...resseri gases.
No cylinder or flask of compressed,flammable gases shall be stored in hangars.
(Code 1978, §2.5-69)
Sec.8-109.__Explosives and other dangerous ero s artic es.
No person shall store,keep,handle,use,dispense or transport at,in or upon the airport any class
A or class B explosives(as defined in the Interstate Commerce Commission regulations for
transportation of explosives and other dangerous articles),dynamite,nitroglycerine,black
powder,fireworks,firearms and ammunition,blasting caps or other explosives,gasoline,
alcohol,ether,liquid shellac,kerosene,turpentine,formaldehyde,or other flammable or
combustible liquids,ammonium,nitrate,sodium chlorate,wet hemp,powdered metallic
magnesium,nitrocellulose film,peroxides,or other easily flammable solids or other corrosive
liquids,prussic acid,phosgene,arsenic,carbonic acid,potassium cyanide,tear gas,lewisite or
any class A poison(as defined in the Interstate Commerce Commission regulations for
transportation of explosives and other dangerous articles),or any other poisonous substances,
liquids or gases,any compressed gas,or any radioactive article,substance or material,at such
time or place or in such manner or condition as to unreasonably endanger persons or property.
I The penalty provisions of section 8-8 may be invoked after a )u bile eitivotol: Wt officer has I Field Code Changed
given written notice of the violation of this section and the person has failed to cure the violation
within the time specified in the notice.
(Code 1978, §2.5-70)
Sec. -11 __8140._-Reserved
ARTICLE IV.-VEHICLES
Sec. re,-141.--Licensing and registration.
.
(a) No person shall operate motorized ground equipment of any kind on the airport without a
valid state operators'license.
(b) No person shall operate any motor vehicle in the A W A FH. -., Q ti4 area,without having
first registered the vehicle with the al p rt recu.: director or his desi Tied and obtained
permission for the operation of such equipment.
... w r. ffailied fithalifitsd.:::::,pet-Hove,. idethe co f+ ..of:::w:::.pietirreit
ir...::;henna .. F :::::, fit H opetiatiton:::,r odd/Ile
Adspeir > sk ..u Worm-Hi .,:,:,:,, ffit i ire
.k. .FT-NA I 143-W S-0-1 od 1. ::;'- ::::: r...::,ihtet :: .w t
Board of Commissioners Meeting
09/17/2012
2-2- 17
(13) The al cport i.,oeffti-vt„,director may restrict vehicle operations to a certain portion
or segment of the movement areas. Such restrictions shall prohibit vehicle
operations outside designated areas.
CA) Vehicle operations must be in strict compliance with section 8-142 I Field Code Changed
( 5) No person shall operate a motor vehicle in the movement areas without
appropriate visual identification clearly discernible from the control tower. Such
identification shall be either an amber strobe light or amber rotating beacon.
(14) All vehicles approved for operation in the movement area shall be covered by
comprehensive automobile liability insurance as specified in the applicant's lease.
If the applicant has no lease,coverage shall be as specified in the-coiiiiy airport
schedule of insurance limits adopted and approved by the al nor.'
U(hority-hi and maintained at the executive director's
office.
(9) Upon the operator's failure to conform to the requirements of this section or to
other requirements of this chapter,or upon the termination of the operator's
employment at the airport,the al mortvkee-u-ti ve director may deny,revoke or
suspend a permit.1 eri„,' >pei, 1: ii1111 4 4-1-e'
1 1,7 41-1 4 („1',,,,s--43-' itc c 1401 414 ht1 y-- "'Air
ai)pea' to-4 he hoafd )4'C 0 Hifi it 11 1 le----n+ffitage
(6) All commercial kehicles orvratill.',„inside the airPort oPeratiolls area shall he
aPlroPriatelY marked or,Plac allied \A 1111 the comPallY ilame auditor 101:0
°Peru! ami-)er 1-)c ac 011,
(7) All kehicles oPeratim! inside the SIDA area shall he allro)riatelY marked or
Plac allied\A ith the comPallY ilame loPo.
(Code 1978, §2.5-81)
Sec. 8142.--Rules of operation.
(a) No person shall operate a motor vehicle of any kind on the airport in a reckless or
negligent manner,or in excess of the speed limit prescribed by the al mortex-ecititi
director.
(b) Pedestrians and aircraft shall at all times have right-of-way over vehicular traffic.
(c) No person operating a motor vehicle on the airport shall fail to give proper signals or fail
to observe the directions of the posted traffic signs.
(d) No person under the influence of intoxicating liquor or narcotic drugs shall operate a
motor vehicle or aircraft on the airport.
(e) No person shall operate any motor vehicle on the airport overloaded or carrying more
passengers than that for which the vehicles were designed.No person shall ride on the
running board,stand up in the body of moving vehicles,ride on the outside of the body
on a vehicle,or with arm or leg protruding from the body of motor vehicles.43-llief-411-aq
ffasi i-re (414c4es 6„v-
Board of Commissioners Meeting
09/17/2012
2-2- 18
(f) No vehicle shall be operated on the airport if it is so constructed,equipped or loaded as to
endanger persons or property.
(g) No person shall operate a motor scooter,truck or other motor vehicle without exhaust
protected by screens or baffles to prevent the escape of sparks or the propagation of flame
in any hangar on the airport.
(h) When parking adjacent to a runway,all vehicles must park parallel to the runway and at
least 200 feet to the outside of the runway lights.
(i) When the control tower is open,no vehicle shall enter the ATCT-RCA unless specific
clearance is obtained from the control tower by radio communication with the control
tower.Before crossing any runway,all vehicles will first obtain permission to cross the
runway from the control tower by radio.Upon receiving clearance,the driver will ensure
by personal observation that no aircraft is approaching his position.Vehicles which do
not obtain proper clearance shall be reported to the j ortex director by the
control tower. Escort vehicles must be in continuous communication with the control
tower.
a) If a vehicle operating on the ATCT-RCA experiences radio failure,the operator must
stop the vehicle,clear of the pavement,facing the control tower,and flash the headlights
ON and OFF.The vehicle must remain stopped until the tower controller sends a vehicle
with an operable radio to assist.
(k) When the control tower is closed,only ori' J 1* rt and FA—service vehicles may
operate in the ATCT-RCA.
(1) All vehicles shall pass to the rear of taxiing aircraft and on the airfield side of parked
aircraft and shall pass no nearer than 20 feet horizontal distance from any wing or tail
section of a parked aircraft.
(m) Emergency conditions existing at any time in the ATCT-RCA will not mitigate or cancel
the regulations of this article.During such conditions,the driver of any vehicle,civilian
or military,will make certain that he does not move his vehicle in any direction unless
................................................................................................................................................................................. ...
specifically cleared by the control tower to do so.Permits issued under,section 8441 i Field Code Changed
shall be rendered invalid until the emergency situation has been alleviated.The e a-i
l wort or his authorized representative shall determine when normal operations may be
resumed.
(n) Speed limits shall be regulated as follows:
(1) No person shall drive a vehicle upon an airport public road at a speed greater than
is reasonable and prudent under the conditions then existing.
(2) No person,other than a driver of an emergency vehicle responding to an
emergency,shall drive a vehicle upon an airport public road at a speed in excess
of posted miles per hour speed limit signs.
(3) The speed limit shall be ten miles per hour on all aircraft parking aprons,ramps or
congested areas.
(4) The speed limit shall be 35 miles per hour on all runways and taxiways.
Board of Commissioners Meeting
09/17/2012
2-2- 19
(o) No motorized vehicles shall be operated in or upon the ATCT-RCA unless its presence is
specifically required for purposes of aircraft servicing,loading or unloading,airport
maintenance or aircraft emergencies.
3etratpd::�otr,.: is F
(Code 1978, §2.5-82)
Sec. 81 43.__Loading and -. oa i-. passengers ers a- a a e.
No motorized vehicle,whether for hire or otherwise,shall load or unload passengers or baggage
in any area on the airport except as designated for such purpose by appropriate signs or markings
upon the pavement or as authorized by the air)orteoxe ttithhp director.
(Code 1978, §2.5-83)
Sec. 81 44.__Parking.
(a) No person shall park a motor vehicle for loading,unloading or any other purpose on the
airport other than in areas specifically established for parking and in a manner prescribed
by signs,lines or other means.No person shall abandon any motor vehicle on the airport.
No person shall park a motor vehicle in a manner so as to obstruct roadways,nor in
aircraft parking areas,nor on grass areas.
(b) No person shall park a vehicle in any space marked for parking in such a manner as to
occupy part of another parking space;nor shall any person park,stand or wait any vehicle
in any reserved or restricted areas so marked.
(c) Parking in designated public parking areas is open to all members of the public using the
airport.Employees of organizations shall utilize parking areas set aside for exclusive use
of terminal employees.
(d) All employees of organizations and agencies having tenancy in the airport's building area
shall park private vehicles in the employees'parking lots,if provided,as may be
designated by the al wort 4i'e director.
(e) All service vehicles,including utility company trucks,government-owned vehicles,
delivery trucks,etc.,shall park in specially reserved and marked areas as may be
designated by the c air :director.
(f) Limousine and taxi waiting and standing areas shall be those specifically reserved and
marked as may be designated by the ur e-ai rport,director.
(Code 1978, §2.5-84)
Sec. 81 4 .__ Civil Penalty.
ty.
(a) Any person violating a provision of s cti 8-144 shall be subject to ithettfollo t civil Field Code Changed
penalties � s applicable:
Board of Commissioners Meeting
09/17/2012
2-2-20
47,), ,t4 0 par-l<if ithare Et-01' c riverit-parkodi,rif 1-EU tte /0-111," I-04i 1-01' —1 0.00
(3) 14w 4kpped,,t,„Hte vio-1 E, ii4
(b) The civil penalty may be recovered by the di wort withoritv-eowity in a civil action in the
nature of debt ifthe offender does not pay the penalty to the di-,i)orti,deiiii-y finance office within
ten days after the offender has been cited for a violation.
(c) Ally employee of the airport Liuthority A poliec '--eer may issue citations for civil
penalties. Lffid Raw enforcement officers may issue citations for civil penalties or for criminal
or other sanctions made available by G.S. 153A-123.In addition,if it becomes necessary
the p h 1( letypolii,,:e,office y of-law eiiroreveilt ofli ef shall have the authority to
cause a vehicle to be removed pursuant to procedures of section 8-146 1 Field Code Changed
(Code 1978, §2.5-85)
Sec. 8146. impounding and repossession of vehicles.
When a p1„.1 h i officer requests a tow truck pursuant to the a i po k+1
-dr-party Hi4-,rotation list,the officer shall remain at the vehicle until the tow truck arrives.If the
operator of the vehicle arrives after the towing request has been made but prior to the towing of
the vehicle,the owner of the vehicle shall pay the cost of the tow truck.When a vehicle is
removed and impounded,the di coorR4t---Fil-fd,-depart+. en-t shall notify the owner of the vehicle or
if the owner is unknown,shall promptly advertise the impounding of the vehicle once in a
newspaper published in the county.After advertisement,the owner of the vehicle may redeem
the vehicle upon payment of removal costs,storage costs,advertisement costs and applicable
penalties.
(Code 1978, §2.5-86)
Sec. 8147. Return and removal of rental vehicles.
Each rental agency at the airport shall instruct its customers to return all rental vehicles to
designated return areas.Rental vehicles found in any unauthorized area or in violation of any
parking regulation shall be cited in accordance with the provisions of this article,and a fine shall
be enforceable against the owner of the vehicle.
(Code 1978, §2.5-87)
Sec. 8-148. Repair of vehicles.
No person shall clean or make any repairs to vehicles anywhere within the airport boundary
other than in a shop or other areas designated for such purposes,except minor repairs necessary
to remove such vehicles from the airport;nor shall any person move,interfere with or tamper
with any vehicle or put in motion the engine or take or use any vehicle part,instrument or tool
without the permission of the owner on satisfactory evidence of the right to do so presented to
the ex- rport director or 111,,
(Code 1978, §2.5-88)
Board of Commissioners Meeting
09/17/2012
2-2-21
Sec. 8149.__Standing taxis and mo s-.es.
(a) Generally.All persons desiring to operate taxis and limousines at the airport from spaces
designated for the standing of such vehicles shall comply with the requirements of this
section.
(b) Permit required.No person shall park or operate a taxi or limousine within taxi and
limousine standing area spaces designated by the .ir 7W+.4 director unless such
vehicle displays a valid sticker issued by the a i gyp,)ort tj-k director or hi,,
Stickers shall be issued after the operator has applied for and received a permit in
accordance with this subsection.Permits shall be issued for uniform periods upon receipt of the
following:
(1) Payment of a user's fee in accordance with a schedule available at the
i p director's office;
(2) Completion of an application made upon blank forms furnished by the
MtW ± which may request the applicant's name,address,length of
residence in the state, dates and places covered,physical condition,physical
description,former employers,state chauffeur's license,a fingerprint
impression and two copies of a recent photograph.
(3) Signature of a permit agreement covering the provision of subsection(c)of this
section.
(4) Proof of satisfactory insurance as specified in the .IA horioxewit y application.
(c) Permit compliance.Permits are conditioned upon compliance with the provisions of this
subsection:
(1) Operation of clean, ,,tilokinL,vehicles of eaedleralli-y acceptable appearance ; n
r
-fie .,
(2) Conspicuous posting of fare schedules(per s e+i er.. 1 id per W`k, in each
vehicle;
(3) Satisfactory operator conduct as defined below:
a. Operators shall not solicit customers in areas beyond one arm's length
from his vehicle.
b. Operators shall not use loud,intemperate or abusive language.
(4) Maintenance of the insurance coverage required by the permit application.
(d) Permit suspension or revocation.Upon the operator's failure to conform to the
requirements of subsections (b)and(c)of this section,the .i iportvx-eca-f director or hi,,
de,,ivnee may deny,revoke or suspend a permit.The operator may appeal any such action
to the colif 1 H:go-(ie,iviee within 14 cdil idar days of the action.The decision of the
�kft gerde,,ip,liee may be appealed to the ho e* .,_ .,. gyp
:rector within 14 calendar days of the -,A decision.
(Code 1978, §2.5-89)
Board of Commissioners Meeting
09/17/2012
2-2-22
Sec. 8150. Taxis and limousines responding to specific calls.
Taxis and limousines which lack,section 8-149 permits may respond to specific calls and may Field Code Changed
I temporarily stand in areas designated for this purpose by the ai wort e ,,÷urtive--director.
"Temporary standing"is defined as that time reasonably required to load or unload specific
customers and their baggage.
(Code 1978, §2.5-90)
Sec. 8151.5-Commercial passenger vehicles.
(a) No person shall operate a commercial passenger vehicle at or upon the airport without
first having obtained a permit from the air)ort V-C director or hi („le,,ipliee,
-entor ii4o ae-c4,44rit o1-1h 20-,; it "Commercial passenger vehicles"means
those vehicles other than taxicabs,which are operated for the transportation of customers
between the airportand a motel,hotel,parking lot, automobile rental office,boat marina or
other such terminal off airport property.
(b) The tp,,ey4,44,14, airport director or Ilk de,,114 lee is authorized and directed to issue a permit
upon application only after finding that the issuance of such a permit would contribute to the
efficiency,safety and convenience in handling the flow of customers at the airport.
(c) The operators of such vehicles shall discharge and load passengers only at positions
designated by the -,,e,r.34 ,e airport director or Ilk de,,iti lee and shall have no right or
privilege to park at such positions beyond the time required to discharge and load passengers
and baggage,and during standby periods shall park only in areas designated and only to the
extent of space available.
(d) The cost of such permits shall be based on the schedule of total fees and charges for each
category of commercial passenger vehicle as adopted and approved by the potH4yeairport
authority.
(Code 1978, §2.5-90.1)
Sec. 8152.5-Radio equipment.
(a) Installation of two-way radios does not permit the operation of vehicles on the airport
without prior permission from the ',ea* airport director.
(b) Any vehicles that have been permitted to operate on the A0Aaifpc44 will not proceed
closer than 200 feet from the edge of the runways nor across any of the runways prior to being
cleared by the control tower.It is the responsibility of all vehicle operators to be
conversant with the standard airport light signals,regardless of whether or not the vehicle
is radio equipped.
(Code 1978, §2.5-91)
Sec. 81 53 180. -Reserved
Board of Commissioners Meeting
09/17/2012
2-2-23
ARTICLE V.—PUBLIC AND TENANT USAGE
Sec. 81 81.--Disorderly conduct.
No person shall be or become intoxicated or drunk;commit any disorderly,obscene or indecent
act,or commit any act of nuisance;nor conduct or engage in any form of gambling on the
airport.
(Code 1978, §2.5-102)
State law reference Disorderly conduct at an airport,G.S. 14-275.1.
Sec. 81 82.--Sanitation;trash removal.
(a) No person shall dispose of garbage,papers,refuse or other material on the airport except
in the receptacles provided for that purpose;nor use a comfort station other than in a
clean and sanitary manner no r‘t o r drivi,' hinaeritNF. 414,11)a()ail w it J 1i L4))141-,),,a
wr 1 f'at afia-afil 4r,,a4a,i4-t1t-Far;nor expectorate on the floors,walls or other
surfaces of the airport.
(b) All airport tenants shall contract or arrange for the removal of all trash,garbage,waste or
other debris that accumulates on their premises,or other areas used by any tenant.All
trash and waste containers shall be equipped with securely fastening lids,shall be
emptied with sufficient frequency to prevent overflowing and shall be cleaned with
sufficient frequency to prevent the development of obnoxious odors.
(Code 1978, §2.5-103)
Sec. 81 83.--Preservation of property.
No person shall destroy,injure,deface or disturb in any way any building,sign,equipment,
marker or other structure,trees,flowers,lawn or other property on the airport;nor alter,make
additions to,or erect any building or sign or make any excavations on the airport;nor willfully
abandon any personal property on the airport.
(Code 1978, §2.5-104)
Sec. 81 84. Weapons,explosives and flammable materials.
I No persons,except peace officers,duly authorized post office, iudio ri/of airport a 1-,k,taa-i tacaRie F
employees or members of the armed forces of the United States on official duty,shall carry any
weapons,explosives or flammable materials on the airport except cased sporting guns carried for
transshipment.
(Code 1978, §2.5-105)
Board of Commissioners Meeting
09/17/2012
2-2-24
Sec. 8-185.--Interfering or tampering with aircraft.
No person shall interfere or tamper with any aircraft;or put in motion the engine of such aircraft;
or use any aircraft,aircraft parts,instruments or tools without permission of the owner or by
specific direction of the t------)reiHijzik- a -)o i-t director.
(Code 1978, §2.5-106)
State law reference Tampering with aircraft a crime,G.S. 63-26.
Sec. 8-186.--Restricted areas;perimeter gates.
(a) No person shall enter restricted areas except persons assigned to duty in such areas,
passengers,and persons authorized by the e j rpot director.
(b) All airfield perimeter gates shall be kept closed and locked at all times except when
actually in use.
(Code 1978, §2.5-107)
State law reference Trespass upon airport property made a crime, G.S.63-26.
Sec. 8-187.--Use of roads and walks.
(a) No person shall travel on the airport other than on the roads,walks or places provided for
the particular class of traffic.
(b) No person shall occupy the roads or walks in such a manner as to hinder or obstruct their
proper use.
(Code 1978, §2.5-108)
Sec. 8-188.--Animals.
(a) No person shall enter the terminal building of the airport with an uncrated animal,except
Lt ii;ln d that dot, id hy-t c itf1-0 k F may be permitted for appropriate
purposes.
(b) No animal shall be permitted in the baggage claim area except Lt ii;ln d that(IP s
Mind aiiel dear may be permitted for appropriate purposes uid 4 rated animals
delivered by,the airlines as checked baggage, ti A
(Code 1978, §2.5-109)
Cross reference—Animals,ch.5.
Sec. 8-189.--Conduct of business or commercial activity; solicitation and advertising.
Board of Commissioners Meeting
09/17/2012
2-2-25
No person shall engage in any business or commercial activity of any nature whatsoever on the
airport except with the written approval of the exec-1144 'airport director or Ilk de,,iglice and the
couiti y-airport authority and under such terms and conditions as may be prescribed.
(Code 1978, §2.5-112)
Cross reference—Businesses,ch. 14.
Sec. 8190.si Open flame operations.
No person shall conduct any open flame operations in any hangar or on the airport unless
specifically authorized by the e ,e,;tik-e-airport director.
(Code 1978, §2.5-113)
Sec. 8191.si Smoking.
No person shall smoke on the airport apron,in any hangar or shop,service station area,or in any
building,room or place on the airport where smoking is specifically prohibited,or within 100
feet of any fueling or defueling operation.
(Code 1978, §2.5-114)
Cross reference—No smoking policy, § 32-31 et seq.
Sec. 8192.si Trash containers.
No person shall keep uncovered trash containers in any area.No vehicle used for hauling trash,
dirt or any other material shall be operated on the airport unless such vehicle is constructed so as
to prevent its contents from dropping, shifting,leaking or otherwise escaping.Areas to be used
I for trash or garbage containers shall be designated by the rtr2d-tiY, air)ort director,and no other
areas shall be used.Such areas shall be kept clean and sanitary at all times.
(Code 1978, §2.5-115)
Sec. 8191 si Storage of equipment.
No tenant or lessee on the airport shall store or stack material or equipment in such a manner as
to constitute a hazard to personnel or property.
(Code 1978, §2.5-116)
Sec. 8194.si Maintenance.
All tenants shall be required to maintain their leased property in a condition of repair,cleanliness
I and general maintenance in a manner agreeable to the ex- ,etkie -e-airport director and in
accordance with their individual lease agreements and free from all fire hazards.
(Code 1978, §2.5-117)
Board of Commissioners Meeting
09/17/2012
2-2-26
Sec. 81 95.--Fire equipment.
All tenants or lessees shall supply and maintain such adequate and readily accessible fire
extinguishers as are approved by Fire Underwriters for the particular hazard involved.
(Code 1978, §2.5-118)
Cross reference—Fire protection and prevention,ch.26.
Sec. 81 96.--Structural and decorative changes.
No airport tenants,lessees or grantees will be permitted to effect structural or decorative changes
or additions of any type without written permission from the airport director.
(Code 1978, §2.5-119)
Sec. 81 97.--Damages.
Airport tenants,lessees and grantees shall be fully responsible for all damages to buildings,
equipment,real property and appurtenances in the ownership or custody of the airport caused by
their negligence,abuse or carelessness on the part of their employees,agents,customers,visitors,
suppliers or persons with whom they may be doing business.
(Code 1978, §2.5-120)
Sec. 81 98.--Metering, water and sewer connections.
Airport tenants shall file a notice of any meter installations with CLipe Fear PUNIC Utility
Ai 0110 ri (( F Pt if A)1 Ilerifi fpOft i aihte F.Tenants making water and sewer connections to the
airport's system shall make such connections in accordance with policies adopted by the county.
(Code 1978, §2.5-121)
Sec. 81 99.--Payment of charges.
(a) All billings are payable upon presentation unless otherwise noted thereon.
(b) All percentages or income charges are payable within 30 days of the end of the
accounting period unless otherwise stipulated in writing.
(c) The vx-eca-tik-e-airport director shall have the authority to detain any aircraft for
nonpayment of any charges due to the LI iii110 ri y.
(Code 1978, §2.5-122)
Sec. 8-200.--Default of obligations.
When any tenant,user or grantee is formally notified that he is held in default of any written or
implied obligation to the a i iport authority,: Hi y,whether it be for breach of performance or
service covenants or nonpayment,he shall thereafter be billed for all losses of revenue,expenses
Board of Commissioners Meeting
09/17/2012
2-2-27
incurred to reestablish performance or service,or other costs iair eat heater' Of...�atrt ::
.Ft f`.A�, fW,..it s wi S . ceinititae `;W.fi ..._ theta
.. ..ifiaaai'. .. .f-° .f4.
t 4. .,,e,.et pitemiseetteit 444td-r+ ta-teter t :::::. . .::::.i.rc::p id a,,,,t.° he tenant,user or
grantee will be considered in absolute default;and appropriate lawful steps shall be taken.
(Code 1978, §2.5-123)
Sec. 8-201.__Use of other law enforcement e..e-.t a e-. ies.
I If occasions arise that are beyond the capability of regular airport put)! W safety officerspoittiee,
outside law enforcement agencies shall be called for assistance.
(Code 1978, §2.5-124)
Sec. 8-202.--Registration. of persons.s statio-.e d or employed on. or operating from the airport.
The names,office telephone numbers and nature of business or occupation of all persons
stationed or employed upon the airport or receiving instruction on or operating from the airport
shall be registered at the . 1 2i-A-4; e offices at the airport.
(Code 1978, §2.5-125)
Sec. 8-203.--Registration istratio- of persons s for security control keys.
(a) In order to improve security for the airport-Hod t t e - - 4 t -t ,the locks on al-I-
pQnettaiiii;a44itypi,.terminal doors and other selected buildings and gates are maintained and
controlled by the " : .., P4Et.director. W s 193,-;b„, 't?c,
t lessee.
:" ..a:: ":i:: '., e a s . ... ::ta-Pe :r.::: ::t:::�:: = ::: eno-
(-I ) Keys for the security control system shall not be available from local locksmiths or key
cutters.Replacement keys ttettattept .e in ,shall be available only through the
tea at ett .j tries!„ ,director's office,under the following conditions:
(1) w--(-a t tt€ r 4)nt Employees will be provided the initial issue of keys at no cost
by fritt b . ::::, ) ..Wapt a :::t a p . the me2i-34; tenajatppq
director's office.
New--(f- :: + ;, r , z trecet tett ittiese: I e: ss :: 4:141 4 34d eenp-i-ayeent
..::::—fe-litiatek4 tea. ,,,,, ,:, f:, :s :::.,.
,,,y,' ,:: .," �i t'-7 ., t al S-S is-0 -4+a:: if-age" ;"s :;,:::.," : -- ..,:
a::: r..:.,t:-.. .. thee_ n is .:::n, affi-e-t reletteissue,
a,�
-g ,
it: .r:-s.: z s: =- .:,-.r:,::„testy:::..:. o i.:: t :: ,40- f ,,..::: z .::::::°.
Board of Commissioners Meeting
09/17/2012
2-2-28
3.. � f)4 +e 3 f F t 4 0 3!:k ,,,,.� . °° .... ...a .;.... . :Li f `, "f
(Code 1978, §2.5-126)
Sec. 8-204.__Tenantsicontrol of leased premises adjacent to movement areas.
All persons leasing airport property adjacent to a movement area shall take positive actions to
control unauthorized access to the movement area,including but not limited to:
I (1) Challenging all persons without airport identilicationse2;; i y badges,and requesting the
public safety office to remove unauthorized persons;
(2) During nonoperating hours,closing and locking all gates on the leasehold;and
(3) Promptly reporting any damaged fences and gates,and missing or damaged airport signs,
to the public safety office.
(Code 1978, §2.5-127)
Sec. 8-205.__Recovery of erati'.A.A,civil penalties.
a tees.
Should the FAA or TS Ahold the airport liable for civil penalty under FAR part /t 43f part 139
or lit' IR part 1 resulting from the direct or indirect actions,activities and/or procedures,or the
lack thereof,of an airport tenant,its officials,agents,employees and/or customers under their
jurisdiction,a civil penalty in like amount shall be assessed against the tenant.
(Code 1978, §2.5-128)
Sec. 8-2 _-8-240. -Reserved
d
ARTICLE VI.—SCHEDULE OF CHARGES
Sec. re, -241.__Specific charges.
(a) Certificated air carrier. Schedule of rates and charges for all certificated air carriers shall
be set by the a i Tort Li h, I yeo and reviewed whenever necessary and appropriate.
These fees shall include the following:landing fees,floor rental charges and any other charges
that are pertinent to the operation of the airport.These charges shall apply to all
certificated scheduled and nonscheduled air carriers desiring to use the airport without
discrimination.Landing charges will be based on a weight/minimum basis.
(b) Private and commercial aircraft.The terms and fees for such operations and a certificate
showing the scope of the operations which are authorized by the airport shall be obtained
by persons or firms desiring to enter into commercial activities.Landing fees for other
aviation or local operators shall be set from time to time by the a i rport 0 ri y.
Board of Commissioners Meeting
09/17/2012
2-2-29
(c) Placement of aircraft.The -;f,:ff,:fmi-k-ef ii Tort director reserves the right to designate
specific parking areas for use by any or all aircraft at any time.
(d) Commercial activities.Commercial activities are regulated as follows:
(1) No aircraft owner or aviation organization shall engage in any commercial
activities of any type at the airport unless prior permission and certification are
obtained from the - fff,:ff,if fef r-tort director.
'1, ,i40-perrFrOti i.,'i---eftgagC if 11424404-1 t. -e afift=ort CS-S prit to-gi iintir
tritininertfurction he-has i--;==tisiteF et hi,- nartrAretitt firieht inettrurctor sot:0Ft irtircatter Avvithet =
t ter-tett' ;2tor: Artlitire r, ;as,st,trivinittfird eert iiiiinatte for if tispeetiti I to-=the
t iterti-tr Air;2143f, aild 111-aSi 'Itte-tenteeterefti-Ar--; trotera=cert-4rieiratre
ifFrtf"ifiee, S+, }if 'ciflitiee t-O-be rerr th=e; ti=or: lie re+ff,ty-,--i-flfTIF+,2t-Of and
sti-tAlreint; r stirial' arrity-perrsoir 10-ki Atritti ety sitirtifireinit i3reir 't alle= toope-re time
"-e; S+340-if r arrititn tart lifor the aItr==ort unless=awl tit--the=4;iiireert sruperrvitintoir itt
tritt 1-1-0i int'a Artartid iflitiliet 0 r e irrielite 041-111-';(31°C 3ei-tritrade
inettrutetf3r F ii-St iii—atientetraiteenatt=the arittporFt ;Fi it!the
(Code 1978, §2.5-137)
Sec. 8-242.--Fuel flowage charges.
(a) All full-service fixed base operators offering the sale of aviation petroleum fuels shall
collect and remit a fuel flowage charge,which shall be set by the Li i po iudio orto
to be effective on July 1 of each year.The fuel flowage charges shall be expressed in cents per
gallon and collected on the previous month's deliveries.The charges shall be paid as
aviation petroleum fuels are placed into storage tanks,without regard to when the fuel is
sold.
(b) The fuel flowage charge is assessed on all fixed base operators and is payable separate
and apart from any operators'rent which may be based on a percentage of fuel sales.
(Code 1978, §2.5-138)
Sec. 8-243--8-270.--Reserved.
ARTICLE VII.—MINIMUM STANDARDS FOR GENERAL AVIATION SERVICES
Sec. 8-271.--General.
(a) The \ rport fns yen u dio rit ist desires that certain general aviation services and activities
on the airport be furnished by and engaged in for the benefit of the general flying public and to
the benefit of civil aviation by general aviation service providers(fixed base operators
and/or special aviation services operators)who meet the standards set forth and
Board of Commissioners Meeting
09/17/2012
2-2-30
administered by the New Hanover County Airport Authority.Such standards are
prescribed in this article.
(b) The airport authority in recognition of its responsibilities as to exclusive rights imposed
by section 308 of the Federal Aviation Act and in certain obligations contained in certain
contracts and agreements between the authority and the United States of America relative
to the development and operation of the airport,desires and determines that all such
aeronautical activities be conducted on the airport by general aviation service providers in
a fair and equitable manner.
(c) The operating standards outlined in this section are the minimum requirements for
general aviation service providers as a condition of their right to lease premises and
provide stated general aviation activities at the Wilmington International Airport(I VD.
(d) In the event of a direct conflict between the minimum standards policy and any
agreement entered into prior to the effective date of the minimum standards policy,the
agreement shall govern to the extent of such conflict.It is not intended in the minimum
standards policy to alter or change the rights under any pre-existing agreement,however,
if any pre-existing agreement requires the lessee or operator thereunder to comply with
airport rules or regulations,then the minimum standards policy shall be incorporated into
such pre-existing agreement as a result of such provisions and shall apply to the lessee or
operator thereunder to the extent that such policy is not in direct conflict with the
agreement.
(Ord.of 1-20-2004)
Note—See the editor's note to art.VII.
Sec. 8-27195.--Definitions.
The following words,terms and phrases,when used in this section,shall have the meanings
ascribed to them in this subsection,except where the context clearly indicates a different
meaning:
Air charter/taxi means an entity that provides on-demand,non-scheduled passenger service in
aircraft having no more than 30 passenger seats.This entity must operate under the appropriate
Federal Aviation Regulations(FARs).
Air operating area(AOA)means the ramp,apron,runway and taxiway system at the airport.
Airport authority means a corporate body that is appointed by the county board of
commissioners and serves as the governing body of the Wilmington International Airport and
adopts the policies,rules and regulations pertaining to the use of the airport and its facilities by
its tenants and the public.
Basic aircraft maintenance means the inspection,repair,calibration,preservation and preventive
maintenance or replacement of parts that does not involve complex assembly and/or specialized
mechanical skills or certifications.
County means the county of New Hanover,North Carolina that is supervised by the New
Hanover Board of Commissioners.
Board of Commissioners Meeting
09/17/2012
2-2-31
Fixed base operator (FBO)at the airport means only those individuals,firms or corporations that
satisfactorily furnish and engage in the full and complete range of aircraft services and activities
for the general public as required by the authority in section 8-274.FBOs may offer other r Field Code Changed
services at their discretion above and beyond the required services.
General aviation service providers means any aeronautical activity intended to secure earnings,
income,compensation or profit to corporate and/or general aviation aircraft.General aviation
service providers may be classified as either a fixed base operator(FBO)or a specialized
aviation services operator(SASO).
Repair station means an aircraft maintenance operation that is certified by the FAA and
possesses a license in accordance with FAR Part 145.
Specialized aircraft maintenance and repairs means major repairs or alterations to the airframe,
powerplant as defined in FAR Part 43.
Specialized aviation services operator (SASO)means an aeronautical business that offers one or
a more of general aviation services not required of a fixed based operator.Authorized services
listed in this section have required minimum standards set in s cti on 8-275 Field Code Changed
Specialized flight operations. Specialized flight operations are services,persons or corporations
engaged in activities specifically excluded from FAR Part 135.Examples include:banner towing
and aerial advertising,aerial photography or survey,fire fighting or fire patrol,power line or
pipeline patrol,or any other operation with written approval of the airport authority.
(Ord.of 1-20-2004)
Note—See the editor's note to art.VII.
Sec. 8-272.--Procedures ures of introduction.
d uctio-. .
All parties wishing to provide aviation services at the airport shall introduce themselves to the
airport authority by using the following procedures:
(1) Request a meeting with the airport director o r hi s .t-,1
(2) Submit a letter of intent to the airport director;
(3) Submit a proposal and working drawings to the airport director or the deputy airport
director;and
(4) Submit an audited financial report,or financial statements of the principals in the firm,to
the airport finance director.
(5) Final approval rests with the airport authority.
(Ord.of 1-20-2004)
Sec. 8-273.__General aviation service providers.
d ers.
(a) Any general aviation service provider who wishes to engage in the business of providing
general aviation services at the Wilmington International Airport must comply with
applicable regulations and standards;local, state,and federal laws and regulations;and
the requirements and procedures established by this code.
Board of Commissioners Meeting
09/17/2012
2-2-32
(1) Categories of general aviation service providers:There shall be two categories of
general aviation service providers:
a. Fixed base operators(FBO)shall provide for:the sale of aviation
petroleum products,basic aircraft engine and accessory maintenance and
repair,aircraft rental,aircraft charter and taxi,tie-down,line service and
ground handling,disabled aircraft recovery,hangar rental and aircraft
storage,aircraft washing,and flight planning and flight service facilities.
b. Specialized aviation service operators(SAS O)shall provide one(1)or
more of the services listed in section - and meet requirements for that I Field Code Changed
specific activity.SASOs may not engage in the sale of aviation petroleum
products or any other services required by an FBO,unless subcontracted
by a FBO.
c. The e3+14 y-airport authority reserves the right to temporarily waive any
requirement provided a maximum time limit is set to comply.
(b) All applicants desiring to establish and operate an aviation operation at the airport must
furnish evidence satisfactory to the airport director and the airport authority that such
person possesses all of the following qualifications:
(1) Has never been held in default of any lease agreement,contract,license or permit
relating to the operation of a business,by a court of law or other cognizant legal
authority.
(2) A composite credit appraisal rating of"satisfactory" as determined by the
applicants'financial institution.Refusal to submit necessary information to the
applicants'financial institution for the credit appraisal shall disqualify an
applicant from further consideration.
(3) A current financial net worth showing the applicant holds unencumbered current
assets in a total amount at least equaling three months'estimated maintenance and
operating expenses.The applicant must also demonstrate that he has the capital
required or unconditional financial backing sufficient to construct all leasehold
improvements required by these standards and must unconditionally commit
himself to the construction.
(4) Employs a staff and full-time,on-site manager or supervisor with adequate
experience in the operation of general aviation operations,as evidenced by letters
of recommendation from pilots,fuel suppliers,aircraft manufacturers,or similar
organizations.
(5) Provide certificates of insurance with the county,authority and their agents listed
as additional insureds for comprehensive general liability,hangar keeper and
property insurance.For general liability,the minimum liability limit per single
occurrence $ ,4 0, X40-for bodily injury and 0 0(4: fof
property damage', . .e ; e
the airport. : ori .Lessee shall maintain,during the entire lease term,fire,
extended coverage and special extended coverage applicable for all real property Min the
amount of 100 percent of the current replacement cost of all properties.
Board of Commissioners Meeting
09/17/2012
2-2-33
For all aircraft rental and flight instruction,the minimum liability limit per
occurrence shall be ' ,( )0,000.0o)th u Limouni delerm;ned hY the al Tort
authority.
The airport authority reserves the right to waive and/or amend requirements of
insurance limits based on the availability of insurance,cost,or just cause.
(c) All aviation operations at the airport shall be full-time,financially sound and progressive
business enterprises,with adequately staffed and equipped facilities,including office
facilities,and who observe normal or specifically required business hours.
(d) All construction required of or desired by general aviation service providers on the
airport shall be in accordance with applicable federal, state,local and ILM architectural
standards required for the facility or activity involved.Construction standards include but
are not limited to building,American Disabilities Act(ADA),and fire code requirements.
(e) All general aviation service providers shall be required to furnish the payment and
performance bonds commensurate with any construction required under the minimum
standards fixed in this article or under any contract or lease by and between any aviation
operator and the airport authority.General aviation service providers may erect any
structure on this airport for the purpose set out in this article,as long as prior written
approval of the plans and specifications are obtained from the airport authority.The
airport authority may accept letters of credit or personal guarantee in lieu of performance
bond requirements referenced.
(f) All general aviation service providers shall conduct their activities and render their
services in a safe,responsible and efficient manner and shall be solely responsible for all
the acts of their agents and/or employees and shall save and hold the airport authority,its
agents,the county and its'agents harmless from any act of the aviation operator,its
agents and employees.
(g) All general aviation service providers shall abide by and comply with all of the laws and
ordinances of the state,the county,and the rules and regulations of the Federal Aviation
Administration.
(h) All contracts and leases between all general aviation service providers and the airport
authority shall be subordinate to the provisions of any existing or future agreements
between the airport authority,the county and the United States of America,relative to the
operation,maintenance or development of the airport,the execution of which has been or
may be required as a condition precedent to previous or future expenditure of federal
funds for the operation,maintenance or development of the airport property.
(Ord.of 1-20-2004)
Sec. 8-274.__Fixed base operators erators ' H,,,, .
Fixed base operators at Wilmington International Airport( a! shall be subject to minimum
service standards,minimum staffing standards and minimum facility requirements as follows.A
fixed base operator will be required to provide either directly or by sublease/subcontract all of
the following services (refer to section 7 ): I Field Code Changed
Air charter/taxi.
Board of Commissioners Meeting
09/17/2012
2-2-34
Aircraft rental. (Exception:flight instruction. See section 8-275.) I Field Code Changed
Aircraft washing.
Basic aircraft maintenance and repair station.
Disabled aircraft recovery.
Flight planning and flight service facilities.
Hangar rental and aircraft storage.
Retail fuel and oil sales.
Tie-down,line service and ground handling.
In the case of the specific activities,the following minimum service standards shall apply.
(1) Basic maintenance and repair station.
a. Sufficient equipment,supplies,and spare parts to perform maintenance in
accordance with the FAA repair station license and FAA Part 145 as
current or amended.
b. Uniformed and trained personnel in sufficient numbers to meet demand
for the maintenance services. Specifically,at least one A&P mechanic
available during normal business hours.One A&P mechanic shall be on
call at all other times.
(2) Aircraft rental.
a. The operator shall have at least one airworthy aircraft suitably maintained,
certificated and equipped for flight under instrument conditions.
b. Proper checklists and operating manuals for the aircraft.
c. There shall be available during required operating hours,a properly
certificated pilot capable of checking out rental aircraft to unfamiliar
customers.Any employee designated by the FBO operator may check out
regular customers with prior rental records.
(3) Air charter/taxi.
a. The operator must be certified by the FAA under FAR Part 135,with
ratings appropriate to and licensing of the functions to be accomplished.
b. The operator shall have at least one airworthy aircraft suitably maintained,
certificated and equipped for flight under instrument conditions.
c. The operator shall provide qualified and appropriately rated personnel.
d. Provide personnel,servicing and equipment of servicing passengers and
for handling freight,luggage,and ticketing.Make available transportation
for transient passengers and pilots(i.e. access to a taxi,shuttle,or crew
car)
(4) Tie down,line service or ground handling.
a. Personnel and equipment,with never less than one person on duty on the
leased premises at all times during required hours of operation.
Board of Commissioners Meeting
09/17/2012
2-2-35
b. Aircraft parking and tie-down facilities and equipment,including ropes,
chains,wheel chocks,and any other types of restraining devices suitable
to accommodate at least 15 aircraft.
c. Ground support equipment for the turnaround of aircraft,including
energizers,and starters,ground power units,fire extinguishers and an
auxiliary power unit.
d. Transportation for transient passengers and pilots(i.e.access to a taxi,
shuttle or crew car).
e. Equipment,parts and personnel for performing minor maintenance such as
inflating aircraft tires,window cleaning and interior cleaning.
(5) Disabled aircraft recovery.
a. Aircraft towing and other equipment as necessary for removal of disabled
aircraft from the runway,taxiway or other operational areas on the airport.
b. Aircraft towing and other equipment as necessary for retrieval of disabled
aircraft from any landing area off the airport.
c. Trained and experienced personnel as necessary to operate the equipment
identified above in a timely and efficient manner
(6) Retail oil and fuel sales.
a. Retail aviation fuel sales fully trained and qualified service personnel to
dispense aviation fuels and lubricants on the premises during all hours of
operation
b. FBOs shall dispense aviation fuels and lubricants to aircraft in the customs
area in accordance with the policies and procedures set forth by the
Department of Homeland Security and U.S.Customs.FBO personnel and
vehicles shall have proper identification/markings,credentials and
equipment prior to entering the customs area.
c. At least two metered,filter-equipped fueling trucks adequate for
dispensing aviation fuels.Trucks shall meet all applicable safety and other
regulatory requirements.
d. Construct and maintain permanent,above ground,aviation fuel storage
facilities for a minimum of 10,000 gallons of both Jet A and 100 LL
aviation fuel.Maintenance shall be in accordance with all applicable
airport,county,state,and federal laws,rules and regulations.
e. FBOs shall maintain a current spill prevention control and counter
measure(SPCC)plan.The plan shall be maintained and updated in
accordance with 40 CFR 112.A copy shall be provided to the airport
director.
(7) Hangar rental and aircraft storage.
a. A FBO shall provide a minimum of a 10,000 square foot hangar,
excluding aircraft maintenance hangar and any hangars leased from the
Board of Commissioners Meeting
09/17/2012
2-2-36
airport.The total square footage may be a combination of open bay and
private hangar space.
b. FBO managers shall provide a periodic review of their vacant hangar
space and make provisions to build additional hangars as required to meet
reasonable market demands.
c. The following items shall not be stored in FBO aircraft hangars:
containers of flammable liquids,paint thinners,fuels,volatile materials,
uncovered waste containers,compressed gasses and other items which
may cause a fire hazard.
(8) Flight planning and flight service facilities.
a. A flight planning facility equipped with adequate communication,local
navigation,weather information,and other necessary flight planning
materials.
b. Sales counter to offer a variety of pilot supplies,navigation and flight
planning materials,safety equipment and aircraft,equipment and
accessory manuals.
(9) Optional permitted services.FBOs may provide,at their discretion and with the
approval of the airport authority,any of the authorized services provided by a
.:.:. :.:. .:.:
SASO as described in section 8-275 Field Code Changed
a. Minimum staffing standards.An FBO offering any of the services listed herein
shall have at a minimum one employee(with ratings appropriate to the work to be
performed)on-site during all control tower operations.At all other times,the FBO
shall have one person available,on call,to respond to customer inquiries and
airport emergencies.In addition,minimum service,management and staffing
standards for the activities listed above shall be provided.Multiple responsibilities
may be assigned to personnel to meet personnel requirements for required
activities.
b. Minimum FBO facility standards.
1. Lease.The leasehold shall contain a minimum of ten acres of land to
provide for the specific use area requirements established for the services
of the following required multiple activities: aircraft maintenance and
repairs,aircraft rental,air taxi service and/or cargo,plus the requirements
set out in this section for the dispensing of aviation fuel and lubricants and
hangar rental. (Specific use spaces need not be additive where
combination use can be reasonably and feasibly established.)
2. A building containing 6,000 square feet to provide adequately maintained
and heated space for office,public lounge,pilot briefing room and
restrooms must be leased or constructed.Aircraft hangar rental space shall
be a minimum of 10,000 square feet.Repair stations must provide a
separate hangar facility with minimum shop and floor space for FAA
repair station certification.
Board of Commissioners Meeting
09/17/2012
2-2-37
3. Ample public amenities for their customers to include a conveniently
located,heated and air-conditioned lounge and separate sanitary restrooms
for men and women,public telephone service,pilot briefing room and
snack and/or beverage vending services available during required hours of
operation.
4. Sufficient rf . e it s°e ct o s...,ftddrde i tp°wasipfarker ithr-af,
veratrr �-3rfacilitica, and/or procedure,, for washing aircraft. Should
any new building be constructed over 500 feet from an existing fire
hydrant, the authority may require the installation of a new hydrant.
5. Paved off-street parking outside of the air operations area(AOA),but
within the leased premises,for a minimum number of automobiles as
specified by governmental regulations.
6. Electronic security gate with closed circuit camera monitoring and
continuous recording equipment to restrict unauthorized access to the
ramp.
c. Other items required by a fixed base operator.
1. Operators shall have a minimum of three aircraft,one of which must be
twin-engine,owned or under the direct control by the lessee and based on
the lessee's leasehold.
2. All equipment specifically required for each required activity and elected
additional activities must be provided with appropriate company
identification markings,rotating beacon and radio equipment to move on
the AOA.
3. All fixed base operators shall make a minimum capital investment,prior to
commencing operations,in buildings and equipment,exclusive of any
aircraft value,of$2,000,000.00.Receipts,invoices or other documentation
shall be deposited with the airport finance director to verify compliance
with this requirement.
4. Fixed base operators shall provide insurance in amounts specified in
section 8-273(5).Companies providing such insurance will be subject to
airport authority approval.
(Ord.of 1-20-2004)
Sec. 8-275.__Specialized d aiation service operators erators ' ...s
(a) SASOs at Wilmington International Airport shall be subject to minimum service
standards,minimum staffing standards and minimum facility requirements as follows.A
SASO can operate through a direct lease with the airport authority or through an authority
approved sublease/subcontract with a fixed base operator or other SASO,provided it
meets the insurance requirements in section 8-273(5). i Field Code Changed
(b) Minimum service standards.Aviation services permitted to be conducted,if permitted by
the applicable lease,by a SASO or that may be undertaken by a fixed base operator at its
Board of Commissioners Meeting
09/17/2012
2-2-38
option may include,but shall not be limited to the services listed herein.SASOs may not
engage in any of the required services described in section 74 unless contracted by Field Code Changed
one of the approved FBOs at Wilmington International Airport.
Aircraft sales.
Aerial survey.
Avionics repair.
Flight instruction.
Instrument or propeller services.
Specialized aircraft maintenance and technical services.
(1) Aircraft sales.A SASO offering aircraft sales shall have one person with a current
commercial pilot's certificate with rating appropriate for the type of aircraft to be
demonstrated as well as adequate staffing to service aircraft and accessories
during warranty periods(new aircraft only).
(2) Specialized Aircraft maintenance and repairs.A SASO offering specialized
maintenance shall have one uniformed and trained mechanic certified by the FAA
as an A&P mechanic with ratings appropriate for work being performed with
sufficient personnel,equipment,supplies and availability of parts to maintain a
proper FAA repair station certificate/license in accordance with FAA Part 135.
The office shall be attended during required operating hours as well as have an
on-call certified mechanic for emergency services.
(3) Avionics repair SASOs desiring to provide a radio or instrument or repair must
hold a FAA repair station certificate and rating.One FAA certified repairman
qualified in accordance with the terms of the repair station certificate must be
provided.The hours of operation shall be from 8:00 a.m.to 5:00 p.m.,five days
per week with on-call service for emergency repairs.
(4) Instrument and propeller repair services. SASOs desiring to provide propeller
repair service must hold a FAA repair station certificate and rating.One FAA
certified repairman qualified in accordance with the terms of the repair station
certificate must be available from 8:00 a.m.to 5:00 p.m.,five days per week with
on-call service for emergency repairs during weekends.
(5) Flight instruction.A SASO offering flight instruction services shall make
available for flight training at least two certificated and currently airworthy
aircraft,including at least one aircraft suitable for instrument flight instruction.
These aircraft may be owned or leased.
(6) Specialized commercial flight operations. Specialized commercial flight operators
must have one person with a current commercial pilot's certificate with
appropriate rating for the aircraft to be flown.
(c) Minimum SASO staffing standards.A SASO offering any of the services listed herein
shall have at a minimum an employee(with ratings and appropriate training certificate(if
Board of Commissioners Meeting
09/17/2012
2-2-39
required)and experience in the performance of specialized commercial flight operations
appropriate to the work to be performed)on-site from 8:00 a.m.to 5:00 p.m.,five days
per week,as a minimum.At all other times,the SASO shall have one person available,
on call,to respond to customer inquiries.In addition,minimum service,management and
staffing standards for the activities listed above shall be provided.
(d) Minimum SASO facility requirements.
(1) Where the SASO has a direct lease with the airport authority,the ground
leasehold shall not be less than two acres of land,and the SASO shall construct
and/or lease at a minimum:
a. Aircraft hangar,shops,or facilities with segregated chemical storage area
protected from public access not less than 2,000 square feet.
b. A centrally drained,paved apron area with access to hangars large enough
to accommodate aircraft operated by the SASO and meet reasonable
demands for customer aircraft
c. An office or administrative facility of not less than 1,000 square feet,
adequate to accommodate an office,customer lounge,public telephone,
and public sanitary restroom facilities.
d. Paved off-street parking outside of the AOA,but within the leased
premises,for a minimum number of automobiles as specified by
governmental regulations.
e. Electronic security gate to restrict unauthorized access to the ramp.
f. The authority may require the SASO to provide a new fire hydrant within
their leased premises.
(2) Any SASO performing activities or services under a sublease shall have sufficient
office space,hangar space,ramp area,tie-down area,public areas,parking spaces
and other facilities and amenities adequate to support its commercial activity and
as specified by governmental requirements.
a. Prohibited SASO services.A SASO shall be prohibited from the sale or
dispensing of aircraft fuels.Any person desiring to sell or dispense
aviation fuel must enter into a lease with the airport authority as a fixed
base operator and meet the requirements of such an operator.
b. SASOs shall provide insurance in amounts specified in section 8-273(5). i Field Code Changed
Companies providing such insurance shall be subject to airport authority
approval.
(Ord.of 1-20-2004)
Sec. 8-276.--Hangars and associated buildings to be constructed on the airport.
(a) The airport authority shall determine the need for new hangars at the airport,whether
they be for general aviation,corporate,or commercial aircraft.Furthermore,the airport
authority shall maintain control of hangar construction.
Board of Commissioners Meeting
09/17/2012
2-2-40
(b) The airport authority shall endeavor to promote hangar development for general aviation
through the FBOs,and where possible,will give deference to the FBOs on other hangar
facilities.The airport authority may delegate the construction and management of hangars
to a third party of its choice.
(c) All hangars shall comply with ILM's architectural standards and must be constructed with
properly designed doors and shall be stressed for hurricane area winds of 120 miles per
hour or as dictated by local,state and national building requirements.Floors and ramps
shall be of concrete with properly compacted subgrade of sufficient design load strength
to sustain all types of aircraft that may use the facility.Buildings shall be of metal or
masonry construction or any other comparable fire-resistant material and shall be
properly fireproofed in accordance with the local fire marshal and NFPA requirements.
Sufficient �1 hose connections,oil and water separators for washing of aircraft,
washing ramps or other purposes t may.be installed.Construction of hangars shall
include adequate paved,off-street parking in accordance with governmental requirements
and installation of an electronic security gate for controlled vehicle access.In addition,the
authority may require a new fire hydrant if the new facility is more than 500 feet from an
existing fire hydrants.
(Ord.of 1-20-2004)
Sec. 8-277__8-310.__Reserved
ARTICLE VIII.—SITE DESIGN STANDARDS
Sec. —311.__Generally.
era y.
The quality guides given in this article for site design at the airport shall be used by all persons
desiring to construct improvements on the airport property.Where conflicts arise between these
quality guides and the county code of building regulations,the more restrictive covenant shall
apply.
(Code 1978, §2.5-164)
Sec. 8-312.__Plans.
The prospective lessee of an airport site shall submit a site and rucl krtrii-ctu-Fe plan and other
data needed to evaluate the prospective emplacement.Fours ,copies of such drawings shall be
submitted to the xe W : rport
director for review.Tiwe W ::::subi t ::::
(Code 1978, §2.5-165)
Board of Commissioners Meeting
09/17/2012
2-2-41
Sec. 8-311--Structures generally.
All airport structures shall utilize materials selected for their high quality,permanent
attractiveness and ease of maintenance. Structures shall be well maintained and not allowed to
become deteriorated in appearance.In the industrial park,concrete block,cinder block or metal
siding s lot tilLty be permitted for outside facing of exterior walls ipp rok ed hy the airport
director,
;+tor Iraff+Ctruct
(Code 1978, §2.5-166)
Sec. 8-314.--Landscaping.
All airport lot areas not utilized by structures,parking areas or vehicular ways shall be
landscaped.Landscaping materials shall be chosen for its permanence,attractiveness and ease of
maintenance.Plant material,,that tirdy attract NA 11(1111e,,han he molded.Landscaped areas shall
be maintained at all times hy
(Code 1978, §2.5-167)
Sec. 8-315.--Structure height.
All airport structures must meet height limits set by the airport height zoning ordinance
[appendix A,section IV] and the county.
(Code 1978, §2.5-168)
Sec. 8-316. Access and parking.
Paved off-street parking space shall be provided for all employees,visitors and service vehicles
at the airport.All ingress and egress to the site shall be indicated on the site plan.
(Code 1978, §2.5-169)
Sec. 8-317.5-Lot use and coverage.
Airport structures may not cover more than 50 percent of any lot and must be set back at least 60
feet from the street right-of-way. Structures must also be set back at least 30 feet from side and
rear property lines.Paved parking areas will not be considered as structures.Parking spaces for
visitors and managerial personnel may be placed between the structure and the street right-of-
I way if screened and landscaped in a manner acceptable to the 2 uf rpo iudio ri ty. Such
parking areas,however,may be no closer than 30 feet to any street right-of-way.
(Code 1978, §2.5-170)
Sec. 8-318. Loading docks.
Board of Commissioners Meeting
09/17/2012
2-2-42
Airport loading docks facing streets will not be permitted.
(Code 1978, §2.5-171)
Sec. 8-319..__Easements.
The county reserves the right to require necessary easements in setback areas for further utility
development within the airport.
(Code 1978, §2.5-172)
Sec. 8-320._-S -.Signs.
I Signs must have the approval of the al r, or ciipe director. Signs shall be restrictive to
identification,with no selling other than use of trademarks or copyright slogans. Signs shall be
erected only on buildings,and this only below roof level.Where such erection is inappropriate to
I the architecture of the building,other signs approved by the tii‘ iieladivenairport director shall be
considered.There shall be no animated or flashing signs.If signs are to be floodlighted,lights
must be so arranged that they will not interfere with aircraft traffic safety devices nor with
vehicular traffic.
(Code 1978, §2.5-173)
Sec. 8-321.__Fencing and screening.
.
Fences and other screening devices at the airport shall meet Lirchitecturai id. . i rd i,and have the
approval of the counityairport director. Screening shall be so placed as not to interfere with sight
distances from vehicles or detract from he facility a Teara„
(Code 1978, §2.5-174)
Sec. re,-322.__Air pollution and - ustra waste.
Control devices on the airport shall suppress all odors,smoke,gases or airborne refuse.In no
case shall airborne refuse be allowed where detectable,except by sight,beyond the property line
of the lot where it originated.Effluent emptied into sewers shall be permitted only where
acceptable to ft 43i±i) 1 Lip(' e r )....IC Ui i ity,Akuillo i ' if )
Sec. 8-323.__Accumulations of inorganic materials.
Dirt,sawdust and similar inorganic materials resulting from business operations on the airport
must not be allowed to accumulate for more than one week and shall not be allowed to fall in
neighbors'lots at any time.Areas to be used for accumulation shall be shown in the site plan and
shall be screened beyond identification from streets or neighboring lots.
(Code 1978, §2.5-176)
Board of Commissioners Meeting
09/17/2012
2-2-43
Sec. 8-324.--Exterior equipment.
Exterior tanks,heat pumps,air conditioning towers and similar exterior equipment on the airport
must be screened by landscaping beyond identification or fenced in a manner satisfactory to the
001il A r rpo rt U11101'1 y.Manufacturing plants involving special industrial equipment will be
given special consideration by the co, fit rd 110 ri .
(Code 1978, §2.5-177)
Sec. 8-325.--Outdoor storage.
Outdoor storage on the airport shall be prohibited generally.However,manufactured products
primarily meant for outdoor use,such as aircraft,agricultural equipment and automobiles,may
be stored in front yard setback areas if kept in neat array and if approved by the 2 HI ya rport
di rector.
(Code 1978, §2.5-178)
Sec. 8-326 8-360. Reserved.
ARTICLE IX.—MINIMUM STANDARDS FOR CORPORATE HANGARS
Sec. 8-361. Plans.
Prospective airport lessees shall submit a site and structure plan and other data needed to
evaluate the prospective emplacement.Four(pli copies of such drawings shall be submitted to the
,tp2 J4 e rport director for review.T eeee ite ii i14 & etibit+i--4e4 t 4k e Tee 1k H3Hh\
H fl fh H'iH Ioi IHfl) I J le-All construction must comply with all local,state and federal
regulations and perm
(Code 1978, §2.5-189)
Sec. 8-362. Structures generally.
(a) All hangar structures shall utilize materials selected for their high quality,permanence,
attractiveness and ease of maintenance.Structures shall be well maintained and not
allowed to deteriorate in appearance.The lessee shall remedy any corrective maintenance
requests received from the a i coort ce,; ity-Liuthorio:within 30 days of written notice by
the 'di(Port CO' (It)11 U11106 I V.
(b) Hangar structures shall consist of the minimum of 4,800 square feet.Hangar floors shall
be paved throughout.If asphaltic material is used,a sealer shall be applied to prevent
corrosion caused by petroleum products.
(c) Construction shall not interfere with airport instrument approach systems.All structures
shall meet the height limits set by the airport height zoning ordinance [appendix A,
section IV] and the county.
Board of Commissioners Meeting
09/17/2012
2-2-44
(Code 1978, §2.5-190)
Sec. 8-363.--Landscaping.
Hangar landscaping shall be accomplished where practical and 1 altract k\11(11;
(Code 1978, §2.5-191)
Sec. 8-364.–Access and parking.
Paved parking area and ingress and egress to hangars shall be indicated on the site plan.
(Code 1978, §2.5-192)
Sec. 8-365.–Easements.
The county reserves the right to require necessary easements in leased areas for future utility
development within the airport.
(Code 1978, §2.5-193)
Sec. 8-366.–Signs.
Signs must have the approval of the ;(-' 44 aii--)ori director prior to installation.
(Code 1978, §2.5-194)
Sec. 8-367.–Storm and sanitary drainage.
Effluents entering storm or sanitary drainage systems on the airport must be free of all petroleum
products.When petroleum spills are expected,the necessary filter systems shall be installed in
accordance with existing regulations.
(Code 1978, §2.5-195)
Cross reference—Utilities,ch.56.
Sec. 8-368.–Outside storage.
Outside storage shall be prohibited under this article.Accumulations of trash,equipment and
vehicles shall not be allowed.
(Code 1978, §2.5-196)
Sec. 8-369.–Utility costs.
Tenants shall pay all utility costs for that portion of the paving between a tenant's hangar and the
public taxiway.If asphaltic material is used for this paved connection,it shall also be treated
with a sealer to prevent petroleum erosion.The cost of water,sewer and power utility
connections shall also be borne by the tenant.
(Code 1978, §2.5-197)
Board of Commissioners Meeting
09/17/2012
2-2-45
Sec. 8-370.--Ownership of improvements.
Ownership of all hangar improvements shall revert to the ce,,1A yairport authority at the end of
the original )A-4 ttyttttar lease.
(Code 1978, §2.5-198)
Sec. 8-371.--Tenants' aircraft.
The tenants'aircraft shall be based at the airport,and the corporate hangar facility shall not be
used to house any other aircraft not owned by the tenants.
(Code 1978, §2.5-199)
Sec. 8-372. Fuel facility.
(a) The fuel facility may be authorized upon written request to the airport alathorityco,,utiy
providing tenants shall pay to the ail )ort authoritye-etutnty a fuel flowage fee per gallon on all
fuels delivered to the tenants facilities or r 'O4)(4)( por ,3iati a monthly lee to he determined
the authority., - etroatteht The fuel facility Ii ill 1)ay the fuel flo\Aaly lee per gallon
or the monthly lee.whichever is reater.
(b) In addition,the tenants shall pay to the eetiii-ty airport authority, a lee to he determined hy
the airport authority pt.r tt Li 404 )41011 LI I I oil delivered to the tenants facilities.
Payments shall be supported by a duplicate invoice from the wholesale vendor upon delivery.
(c) The al Tort co,; ity-authol-ity reserves the right at its own discretion to increase or
decrease the amount of such license,privilege charge or tax but agrees that in the event of any
increase or decrease,such increase or decrease shall be uniform to the tenant and to all
such tenants,licensees and lessees using the corporate facilities of the airport.
(Code 1978, §2.5-200)
Sec. 8-373. Fuel sales prohibited.
No fuel or oil sales shall be authorized to any outside parties,nor shall a tenant under this article
perform repairs or other servicing to aircraft,vehicles or equipment belonging to outside parties.
(Code 1978, §2.5-201)
Sec. 8-374. insurability.
Tenants under this article shall insure facilities for 90 percent current,annual replacement costs
I of facilities.The airport authority,: Hi y shall be named additional insured,and a current
certificate of insurance with a 30-day prior notice of cancellation shall also be furnished to the
e -e-airport director.
(Code 1978, §2.5-202)
Board of Commissioners Meeting
09/17/2012
2-2-46
Sec. 8-375.—Indemnification.
A tenant under this article shall execute a hold-harmless and indemnification clause with the
x n county.
(Code 1978,§ 2.5-203)
Board of Commissioners Meeting
09/17/2012
2-2-47
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 3
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S):Chris Coudriet, County Manager
SUBJECT:
Adoption of a Resolution to Commemorate the 300th Anniversary of Craven County
BRIEF SUMMARY:
A resolution has been prepared to commemorate the 300th anniversary of Craven County,North Carolina.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Craven County Resolution
Request from Craven County
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
3-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
COMMEMORATION OF CRAVEN COUNTY, NC
WHEREAS, New Hanover County desires to acknowledge and commemorate the 300th
Anniversary of its parent, Craven County; and
WHEREAS, New Hanover County traces its creation from Craven County, being formed from
that jurisdiction in 1729; and
WHEREAS, Craven County was the first North Carolina site for many services, such as the
North Carolina Capitol, printing press, postal service, bank, motion picture theater and chartered
firefighting; and
WHEREAS, Craven County, with its principal cities of New Bern and Havelock, together with
its numerous communities, offers a commendable social, historical and cultural heritage.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that Craven County be recognized and honored for its many contributions to the
quality of life in Eastern North Carolina.
ADOPTED this the 17th day of September, 2012.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
3- 1 - 1
406
,,,..,,Ben ,".. 7 0526
a....-- 252-63'-.corn
eFcaraxvencounty
i It
T. tit
manager
Cr4; hat
V 1 rai
missioners
6°1
636-6-
R d of C.°m chairman, n
ers 252- ,6600
-1.r Anent chairma
_.....,., ,
ih'i‘iit4itil)e(rti it tow, ,,,,. iliii
mission a,,._63,,- __
Lee KYrie aeeliii Vice
Com Manager t.-,,.,636,..6603
rti_or an.,.,NC 256O
scan—'Fli)mark
rift. Administra
rice 2 L.,6_6602
Fina s -.52-0-,
ThemasL.mccabe.;
' '
't ...1w*.
an Resource z
ThercTe sampson,Jr
IL 1
Hum
I
Jobnney s.TaYinr
Wir
it 4,...„,
jsteer ir)son
7(li s4,711"' -12
inistrative Staffunty manageerroperatiejonAsLamilisttire:tion - 1
Adm. it in,Co taint manag
Augu st 20, 2012
Jack.::iiined,,as,As7iitant managt e
GenetZmpie.hilk ABr7a5n,cierkretiebsehDriiiiFtBeinirirrdc
GRI,AcikendelYir.ii.Aman Resou
Joan Harreil
craven County
Hyde Counties,,s-counties can
fort and"rth Carolina's us.
with Beau _...y ofNo_ . ____,,,,,with Chairman: County! Along.wl 2012. Ma. nou to celeprnw
Dear
been the
Craven Co= during e invite y county has ,raven
from Cravth Anniversary. , and w
t our-- , e up %-/
Greetings, t.L its 300 Craven CountY
about ,..t • , on
. celebrating heritage to
h other and ...." unities _..1.1: zed.
Bern
is
their hen'''.
learning about each the communities
have u,s,New
trace —
4.e year their ad County's .nment
. - ns iie—throughout the s that lin Craven anL,d entertai_
s citizens d throu activities e County's c celebration, an during a— event held at Craven
Cray n our celebra spotlighted countywide ev„iLis! presentations focus of have been sepwmiill be a co .ng edam
be
County have
22, there Center featuring
communities.
which can be
or letter consider
September Cony livii diverse co--
resolution all, please
Rivvril- . ,our al
e 'enclosed.
celebratory r ear, ' '.6y. is
representing
send a c for the y activities to— chives schedule of a
Hz your Board i to our archives A sched
,_._, : . 4 n,..,.,, , added j.k..., 4,„ -.
1 se consider occasion and in us on that Please
on this invitation t°j°
this s a special
e
Sincer ly,
.4000'
ir.ulZ . ° ners
1 Atn4„ Chairman sslo -
efcy.e County Board of Comm
Craven Coun
Board 0
397127iis-2soilo1n2ers Meeting
rd of Commissioners
g c
Ann 0 -
V 3
- I
Ct
'
,'''''5--
,,,,:,77:,:::-.".„,
„ ,...,
,.. , ,, ,41110's:,,,',....„1-,..;
-- ,---,,&.:„.• ' ,-**,
it,
SePtember
n Noon
I, r TBA)
2 Schedule and HighlighU
op
1:30 P-m' blic Event
tional Ticketed Luncheon (bpe
nv of pu
n Coun family
1'30 6-°° • : ities;
Opening Ceremo-1 -
activ crave
nity exhibits
tedainme-. rformers
Commu— - lays; en munitY Pe
ries disP - corn
histo--- vanous
" and ch"ildren'rIst by
the H ni
.. ..e:kaga e chorale and
9-00 p.
6.-00 -' veran
. win be aval
-lable-
Enteftain*
300th Mehandise
ment on the
Craven
Meeting
3_2-2
Board of Commissioners
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 4
DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S):Chris Coudriet, County Manager
SUBJECT:
Coastal Resources Advisory Council Appointment
BRIEF SUMMARY:
New Hanover County is authorized to appoint a member to the Coastal Resource Advisory Committee
(CRAC) of the Coastal Resources Commission. Dave Weaver, former assistant county manager and now
county planning board member, has served well and faithfully on the CRAC since 1984. However, the
county manager finds that a senior staff person is the most appropriate person to fill the CRAC position.
Tim Burgess, assistant county manager, has the experience as a senior leader to serve the board and the
community well as the county's CRAC member.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Collaborate on regional planning
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint Tim Burgess, New Hanover County Assistant Manager, to the Coastal Resources Advisory
Committee.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Appoint Tim Burgess, New Hanover County Assistant Manager, to the Coastal Resources Advisory
Committee.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
4-0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 5
DEPARTMENT: PRESENTER(S): Barbara L.Rowe,Museum Curator
CONTACT(S):Barbara L. Rowe,Museum Curator
SUBJECT:
Approval of Nine Donations for Accession into the Museum's Permanent Collection
BRIEF SUMMARY:
The Museum collects items pertaining to the history, science, and cultures of the Lower Cape Fear region.
Submitted for approval are nine donations to be added to Museum's permanent collection. Donations are
carefully documented. The Curator reviews each item's provenance, condition, relevance to the collection,
potential for exhibition, and a variety of similar criteria. A report on each object is reviewed carefully by the
Director and Collection's Committee. The objects presented have passed this scrutiny and were approved by
the Museum Advisory Board meeting of July 18, 2012.
Each item offered has a special story to preserve. From early telephones used at the Cates Pickle Factory in
Duplin County,to Colonial-era currency, to local travel brochures, to two tracheotomy devices found
at James Walker Memorial Hospital, all the objects document 300 years of the region's stories.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational,cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept nine(9)donations of regional artifacts into the Cape Fear Museum Permanent Collection.
ATTACHMENTS:
Accession List
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
5-0
bJJ
N
N
O
N
O
N
a�
a�
a�
O
O
O
U
i
a�
O
O
U
U
bJJ
N
N
O
N
O
N
a�
a�
a�
O
O
O
U
i
a�
O
O
U
U
bJJ
N
N
O
N
O
N
a�
a�
a�
O
O
O
U
i
a�
O
O
U
U
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 6
DEPARTMENT: PRESENTER(S): Tim Burgess, Assistant County Manager
CONTACT(S): Harry Tuchmayer, Library Director
SUBJECT:
Acceptance of a Resolution Recognizing the Contributions of Librarian Beverly Tetterton
BRIEF SUMMARY:
Beverly Tetterton retired from her position as Librarian on July 31, 2012. The New Hanover County Library
Advisory Board formally recognized Beverly Tetterton's contributions by adopting a resolution on August
16, 2012. The Library Advisory wishes to present the resolution to the Board of Commissioners.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Recognize and reward contribution
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Receive the resolution.
ATTACHMENTS:
Tetterton Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
6 -0
117
:J ;1*144
L4VM&*1V
WHEREAS, New Hanover County Public Library's Local History Room supports New Hanover County's Strategic
Objective to Market and promote Now Hanover County assets by serving as a resource to its citizens and attracting
visitors from our nation and around the world, and
WH E R EAS , Th e Loca I H istory room celeb rated its 1 00 -yea r a n n iversary i n 2010 a nd traces its o rig i ns to pu b I ic a nd
private libraries dating back to the Cape Fear Library of 1760, and
WHEREAS, The Local History room houses one of the most extensive collections of North Carolina history in the state
and is an unrivaled repository of photographs, lefters, documents and archival material pertaining to Southeastern North
Carolina andT
WHEREAS, Special Collections Librarian Beverly Tetterton, as an employee of New Hanover County since 1980t has
directed the acquisition, preservation, archiving and digitization of the Local History Room collection for over three
decades, and
WHEREAS, Beverly Tetterton had been recognized for Outstanding Contributions by the North Carolina Genealogical
Society, which describes her as "the backbone of local historical organizations and mentor of school students, historians,
genealogists and state and national authors, " and
WHEREAS, Beverly Tetterton received the Katherine Howell Award for work in historic preservation in 2001 and the
Historic Wilmington Foundation Award of Merit in 2006, and
111AEREAS, Beverly Tetterton served as creative director of the digital archive Port City Architecture On -Line, which wa
awarded the 2006 Outstanding Library Programs Award from the Southeastern Library Network, and i
TTAEREAS, Beverly Tetterton has authored, co-authored and edited numerous publications including Wilmington: Lost
But Not Forgotten, Strength Through Struggle, North Carolina County Fact Book, and A Biographical Dictionary of Now
Hanover County, NC Commissioners, and
T!'AEREAS, Beverly Tetterton retired from her employment with New Hanover County July 31, 2012,
unique and valuable contributions of Librarian Beverly Tetterton to the citizens of New Hanover County, New Hanover
County government and the state of North Carolina.
ADOPTED this the
New Hanover County Library Advisory Board
Board of Commissioners Meeting
09/17/2012
6-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 7
DEPARTMENT: Parks PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior
Resources Director
CONTACT(S): Janine Powell, Development Coordinator
SUBJECT:
Approval to Apply for a Grant from the US Soccer Foundation for Lighting at the Castle Hayne Park
Soccer Fields
BRIEF SUMMARY:
The US Soccer Foundation has a grant available for $50,000 with no match required. The monies would be
used to fund lighting for the existing soccer field at Castle Hayne Park. The addition of lighting for the fields
is part of the master plan for the park. The full grant is due September 30, 2012.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
• Market and promote New Hanover County assets
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submission of the application to the US Soccer Foundation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
7 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 8
DEPARTMENT: Sheriff PRESENTER(S): Sheriff McMahon
CONTACT(S): Sheriff McMahon
SUBJECT:
Approval of a Request to Expend Funds from the Animal Services Trust Deposits Escrow Account
BRIEF SUMMARY:
The Sheriffs Office respectfully requests the transfer of funds in the amount of $13,000 from the Animal
Services Trust Deposits escrow account to create a publication (2,000 copies) and informational brochures
(3,000 copies) for the purpose of increasing pet adoption and public awareness. This request falls within the
escrow account's guidelines and would be considered an appropriate use of funds. Currently, the escrow
account balance is $59,555.
The publication would be published three times a year and distributed to pet stores, veterinarian practices,
animal shelters and other organizations. Eventually the Animal Services Advisory Board, made up of
volunteers, has agreed to sell advertising to financially support the magazine with funds being deposited in
the escrow account.
The informational brochure would be given to everyone who adopts a pet from Animal Services explaining
the care and health needs of their new pet.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Sheriffs Office request to expend funds in the amount of $13,000 from the Animal Services
Trust Deposits Escrow Account for magazine publication and informational brochures. Additionally, approve
the related budget amendment, #13 -042.
ATTACHMENTS:
B/A 13 -042
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
09/17/2012
8 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
8 -0
AGENDA: September 17, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13 - 042
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -042 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Keep the public informed on important information
Understand / act on citizen needs
Fund: General Fund
Department: Sheriffs Office /Support Services - Animal Services Unit
Expenditure:
Decrease
Increase
Sheriffs Office /Animal Services Unit:
Printing
$2,100
Contract Services
$10,900
Total
$0
$13,000
Total
$0
$13,000
Revenue:
Decrease
Increase
Sheriffs Office /Animal Services Unit:
Contributions from Escrow Account
$13,000
Total
$0
$13,000
Section 2: Explanation
To budget escrow funds for Animal Services Unit to create a publication and an informational brochure for
the purpose of increasing pet adoption and public awareness.
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 13 -042, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 17th day of September, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
8 -1 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 9
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Approval to Amend New Hanover County Fiscal Year 2012 -2013 Budget Ordinance to Agree with
New Hanover County Board of Education Fiscal Year 2012 -2013 Budget Resolution Approved by the
Board of Education on ,July 10, 2012
BRIEF SUMMARY:
New Hanover County adopted its FY2012 -13 Budget Ordinance on June 18, 2012. The Ordinance
allocated funding for the Board of Education by purpose and function. The State had not provided final
funding information to the Board of Education by June 18. After receiving the final State funding notice, the
Board of Education adopted their FY2012 -13 Budget Resolution.
The attached budget amendment, 13 -046, will not change the County's total funding for the Board of
Education, but will adjust the amount for individual categories.
The attached Summary sheet summarizes the changes between the FY2012 -13 Budget Proposal provided to
the County and the final FY2012 -13 adopted Budget Resolution.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Budget Amendment 13 -046.
ATTACHMENTS:
B/A 13 -046
FY2012 -13 Board of Education Budget Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
09/17/2012
9 -0
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
9 -0
AGENDA: September 17, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13 - 046
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -046 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Support programs to improve educational performance
Fund: New Hanover County Schools Fund
Department: Education
Expenditure:
Decrease
Increase
Instructional Services
$3,036,615
Special Populations
$176,505
$0
Alternative Programs
$939,999
School Leadership
$52,344
Co- Curricular
$32,115
School -Based Support
$2,096,769
Support and Development
$41,892
Special Population Support and Development
$2,824
Alternative Program Support and Development
$1,737
Technology Support
$88,171
Operational Support
$65,558
Financial and Human Resources
$64,825
Accountability
$820
System -wide Pupil Support
$3,046
Policy, Leadership and Public Relations
$37,731
Nutrition Services
$495
Total
$3
$3
Revenue:
Decrease
Increase
Total
$0 1 1
$0
Section 2: Explanation
To adjust the funding for individual categories to conform to the final Board of Education adopted FY2012-
13 Budget Resolution.
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 13 -046, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 17th day of September, 2012.
(SEAL)
ATTEST:
Ted Davis, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
9 -1 -1
Department: Financ".
Back Context: This resolution is based on the bud
i roposal approved b the Board in April, adjusted as follows:
Fund Balance Appropriation Chan
o $375,000 - One-Time $15/student Technolo Allotment
o $70,000 - Up Media S from Sa to Destin
o $402000 - Up Board Room E
o Net reduction to Fund Balance Appropriation is $158,640.
Rationale for Recommendation: These recommended changes werl
based on the revised State Bud The State bud also impacted our lo
bud with the State salar increase and the loss of ABC Transfer savin
Conse the proposed ABC Transfers Plan was also ad based o
this chan
11111TR "$I
Board Action: I Recommendation Accepted
Recommendation Rejected
Tabled for Further Stud
000126M
O9D7/2O\2
z a
0
:c
z
W C
c
LL
c
am
am
man
MOM
U)
Z
MOM
IL
mEff
to
C
MEM
LIL
<3 423 '3�
EC�� 9 8 'S C� C> 9 8 C= � ICR I ce cc) s
LO LO M M mi
Ir- v- ;2 Go Co
CYA
co CO Is Ir- co
C%f C%r q,- 00 Ln w 07
PI R S cc !a 40
qr- §
40%
4&
M T-1 2 93-9 R 8
-r-
cm Cp C*
o r- , L C O D
cd
co
CD Cc
C)
cc
CD
M L[) Op CD
4w
CSI q;r CU
v- Mf d:
V-
V-
4
-S
4
V-
T--- V- Rda N 40 co L
r--
v— V'S
0) � CD LO La N on in to
WWI C4 W
v—
U?
W
v-
vi
C'%r
C)
in LO Oj (D 4= LO)
r-
6 c6
U� Md, w
M'
R
CL
'ra g gi & t'
CD
M CD
V-- R �;
Re
2
C L 9 0
9r-
R A T
LMM
M co SO 1
-e C6 (d 1- me
cNr
CL
co
8 cm
z
C6 'F C6
CO)
W
0
-8 a
c" B
_0
83
cO
2
'0 ca- -E CL
W E
In 0
C%
Ci
c
C) CO
CP Cp
E 9! C3-
9
9
4
as !g C5
LO C;I
r- C) 9
CD
Ln
CL
waa
LOjdg)ft
all, 0
6 R 1 1,
CCL
Lw
F%- w Ln
CA
co
40%
4&
M T-1 2 93-9 R 8
-r-
cm Cp C*
o r- , L C O D
cd
co
W3 Vm V
1- c%i
wm
M
C %j %-
-w�
M CD qd CD
w V- tq UI) ID U)
4w
V-r C6 qr- <0 V-�
v- Mf d:
C6 - Re
qr
Wa-
CD
T--- V- Rda N 40 co L
r--
v— V'S
0) � CD LO La N on in to
WWI C4 W
v—
U?
W
f -� -r--
cm
M C C>
!4 LD
CD CO M
4
r, ! co cp
r-: C6 rl� V- ej
409-
C
C6
Ln
qRt w� CD CQ
co co 9M co
CV.% 91-
9"
4& G03-
C�I CD
C3 iMp
U)
1� CD
LO
L
M T-1 2 93-9 R 8
C3
4
cd
co
ci
m
LO CD
W
M
C %j %-
-w�
U
M T- 9w CM
Go
C6 - Re
4& G03-
C�I CD
C3 iMp
U)
1� CD
LO
q
Uj
_ 4
._ No Li
L 1111"� 1 "loll
w
C3
io
ci
m
LO CD
W
M
C %j %-
-w�
C4 M -
VOL
qr
Cl
CD
CD
co qr-
10-
co
C)
in LO Oj (D 4= LO)
q
Uj
_ 4
._ No Li
L 1111"� 1 "loll
r- C>
Cl 00
u
cil
V-
P:
Ct
C) M
C3
io
CD
co
M
C %j %-
-w�
15
VOL
Cl
CD
CD
cc
CL
CD
a
a
70
0
LMM
a CL
0 M
-= r"
to 2
CL
co
8 cm
z
E c36
CL M M
r- C>
Cl 00
u
cil
V-
P:
Ct
C) M
8
co
5!
cp
g
C3
CD
co
M
C %j %-
-w�
al+
VOL
Cl
CD
CD
cc
CL
CD
a
a
70
0
LMM
a CL
0 M
-= r"
to 2
CL
co
8 cm
z
E c36
CL M M
W
0
-8 a
c" B
_0
83
cO
2
'0 ca- -E CL
W E
In 0
C%
E cal.
c
E 9! C3-
0
4
tM w 2
am
— =3
CL
LOjdg)ft
all, 0
6 R 1 1,
Lw
CA
9-2-2
8
co
5!
cp
g
C3
CD
co
M
C %j %-
-w�
al+
VOL
Cl
CD
CD
CD
4w
A&
Rot
8
co
5!
cp
g
Iwo
■
low**
BE IT RESOLVED b the Board of Education of the New Hanover Count Local Education A in accordance with
the North Carolina Public Schools Uniform Chart of Accounts:
Section 1. The followin amounts are hereb appropriated for the operation of New Hanover Count Schools in the
State Public School Fund for the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
PurposelFunction
Instructional services.
Re Instruction
711792P 158.00
Special Populations
19,509,935-47
Alternative Pro
5o 109,684.00
School Leadership
51132,631.00
School-Based Support
10)336,504.53
1119880,913,00
�Mn- 73M =M - !1 0 0 1 7 A VA 141*1
Section 2. The followin revenues are estimated to be available to the State Public School Fund for the fiscal y ear
be Jul 1, 2012, and endin June 30, 2013:
Revenue Source
State of Voft CaroliTa
State Public School Fund Revenue
123,397o933.00
Boa w, 0
�Wr i ss * 's M V 1�
t
a a
9-2-3
123,397,933.00
Section 3, The followin amounts are hereb appropdated for the operation of New Hanover Count Schools in the
Local Current Expense Fund (General Fund for the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
ftpose/Functlon
Instructional services.
Re Instruction
17,742,015.17
Special Populations
31434j853-21
Aftennative Pro
507,145.00
School Leadership
7,022j340-91
Co-Curricular
1,852,534.00
School-Based Support
2,050,841.97
32,619,730.26
item -rfide support services,:
Support and Development
132923734-96
Special Population Support and Development
530,974.32
Alternative Pro Support and Development
282,068.19
Technolo Support
31585,224.65
Operational Support
20,851,988,99
Financial and Human Resources
414483337.59
Accountabilit
204,910.33
S Pupil Support
451 j578,28
Polic Leadership and Public Relations
11572,255.55
33,320,072.97
Ancillar
Nutrition Services
56,192.77
Non-pro char
Pa to Other Governments
1 A0000-00
Scholarships
83000-00
11408j000-00
Local Current Expense Fund Appropri"atIon
67,403,996.00
Section 4. The fbIlowin revenues are estimated to be available to the Local Current Expense Fund (General Fund)
-t
tor the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
Revenue Source
New Hanover Count
Federal Sources
Other Revenues
Fund Balance Appropdatior
61 j6611740.00
20,000,00
21267,740-00
3)454,516.00
Local Current Expense Fund Revenue 67
Board of Commissioners Meetin
Bud g EwRt%obilion - Pa 2
9-2-4
NEW HANOVER COUNTY BOARD OF EDUCATION
.wud Resolution for Fiscal y ear endin June 30, 2013
Section 5, The followin amounts are hereb appropriated for the operation of New Hanover Count Schools in tk
Federal Grant Fund for the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
P
Instructional servisces:
Re Instruction
11188,728.15
Special Populations
41001,676..39
Alternative Pro
5, 020'360.00
School-Based Support
271 ,029.98
1 0p481 5 794.52
S -WI'de support servicesm.
Support and Development
5255859.64
Special Population Support and Development
81315-00
Alternative Pro Support and Development
244,896-00
Technolo Support
461 1957.00
Operational Support
581X015.00
Financial and Human Resources
72,750.23
118949802,87
Non,pro char
Pa to Other Governments
452,093.89
Unbud Funds
744,953.72
11197,047.61
Federal Grant Fund Appropdatilon
13,5739645.00
Section 6. The followin revenues are estimated to be available to the Federal Grant Fund for the fiscal y ear be g innin g
Jul 1, 2012, and endin June 30, 2013:
Revenue Source
Federal Sources
135573j645.00
Federal Grant Fund Revenue
1395739645.00
Boa WUOS Co W I s s Wjor sn M- Ni 3
9-2-5
Section 7. The followin amounts are hereb appropriated for the operation of New Hanover Count Schools in th(-�
Capital Outla Fund for the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
Purpose/Functlon,
S support services:
Technolo Support
750,000.00
Capital Outla Fund Appropriation 750,000,00
Section 8. The followin revenues are estimated to be available to the Capital Outla Fund for the fiscal year
be Jul 1, 2012, and endin June 30, 2013:
New Hanover Count
750,000-00
Capital Outla Fund Revenue 750,009.00
Section 9. The followin amounts are hereb appropriated for the operation of New Hanover Count Schools in thft..
E nterprise Fu nd for the fiscal y ear be nin J u l 1, 2012, and end in J une 30, 2013:
Pu
Ancillar
Nutrition Services
1 2,562, 000, 00
Enterprise Fund Appropriation 12,562,000.00
Section 10. The followin revenues are estimated to be available to the Enterprise Fund for the fiscal y ear be
Jul 1, 2012, and endin June 30, 2013-,
.itTE
Food Sales
4,63%500.00
Federal Sources
7,24%500.00
State Sources
61000-00
Other Revenues
105,000.00
Appropriated Retained Eamin
562;000.00
Enterprise Fund Revenue
12,562,000,00
Board of Commiss* Wj rs MK�W 4
Bud
ftM on -
9-2-6
NEW HANOVER COUNTY BOARD OF EDUCATION
_!t)ud Resolution for Fiscal y ear endin June 30, 2013
_Z.ection 11. The fbilowin amounts are hereb appropriated for the operation of New Hanover Count Schools in the
V.
.Frlvate Purpose Trust Fund for the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
Purpose/Function
Non-pro char
Scholarships
15,000.00
Private Purpose Trust Fund Appropriation 15,000.00
Section 12. The followin revenues are estimated to be available to the Private Purpose Trust Fund for the fiscal y ear
be Jul 1, 2012, and endin June 30, 2013:
Revenue Source
Fund Balance Appropriation
15,000-00
Private Purpose Trust Fund Revenue 15P000,00
Section 13. The followin amounts are hereb appmpriated for the operation of New Hanover Count Schools in t
Other Restricted Revenue Fund for the fiscal y ear be Jul 1, 2012, and endin June 30, 2013:
Purpose/Function,
Instructional servicesP
Re ®
2955000-00
Special ®
237,082.70
Alternative Pro
2
®
526,000.00
School-Based Support
400oOOO-00
31976,056-98
S support services.
Special Population Support and Development
124,917.30
Alternative Pro Support and Development
85,078.86
Operational Support
8961000m
1,105,99616
Ancillar
Communft Services
6%000.00
Nutrition Services
946-86
69;946.86
Other Restricted Revenue Fund Appropriation
5
Board of Commissioners Meetin
Bud g qAqft$gdqVon - Pa 5
9-2-7
4"
l 3 re
aull Mg
i
Section 14. The followin revenues are estimated f; available to the Other Restricted Revenue Fund for the fisca-
V ear be Jul 1, 2012, and endin June 30, 2013:
Section 15. All apprDpriations shall be paid first from revenues restricted as to use and secondl from g eneral
u-i,restrWed reve-tues.
." I WITIMO2=112M
Section 17. This resolution shall be entered into the minutes of the Board of Education, and Wthin five da after
adoption, copies thereof shall be filed with the SupeNntendent, the Chief Financial Officer, and the Count Finance
Officer.
tau
Chairman
New Hanover Count Board of Education
Board of Commissioners Meetin
Bud MWIjon - Pa 6
9-2-8
ME
ectlon 1: The followin amounts are hereb appropriated
operation of the Now Hanover Count g overnment and its activities for the fiscal y ear be
Jul 1, 2012, and endin June 30, 2013, in accordance with the Chart of Accounts heretofo
I.
established for New Hanover Count
f,uncition
Appro,
Gene I overnment
$32,764,598
Human i
47,573g764
■
Public Safet
48j36v701
Economic ■
2
■
Cultural & Recreational
11,445,390
■
Education (Cape Fear Communit Colle
7P 191 767
Debt Service
3pO
Transfers to Other Funds
83,490,931
Contin
53
Total Appropriation - General Fund ■
b
Section 2: It is estimated that the followin revenues will be available in the Genera,
Fund for the fiscal y ear be Jul 1 p 2012, and endin June 30, 20113:
Revenue Source
Amount
Ad Valorem Taxes
$1609084,721
Sales Taxes
47,573g764
Room Oocupanc Taxes
Other Taxes
2
■
Char for Services
9
Interest on Investments
131,000
Inter Revenue - State
3pO
Inter Revenue - Federal
27,931,444
Inter Revenue - Other
51450,595
Miscellaneous
Transfer In From Other Funds
2
r
Appropriated Fund Balance
70 0000
B
■
Total Estimated Revenues - General Fund
-R
NEW HANOVER COUNTY SCHOOLS FUND
Section 3: The followin amounts are hereb appropriated and allocated in the i"1ew
Hanover ' for * fiscal y ear be
1 2012, and endin June 30, 2013. Allocationsimade to the New Hanover Count School Board
throu G,S. 11 SC-429 bind the Board i foflowing directions `
these in re to
1 The Bud Resolution adopted b the New Hanover Count Board of Education shall
conform to the specific allocations as '
Ord! i.
Board of Commissioners Meeting
09/17/2012
9 -2 -9
2) The Bud Resolution adopted b the New Hanover Count Board of Education may
not be amended Mthout the prior approval of the Board of Commissioners if thz�o
proposed amendment increases or decreases the Current Operatin Expenditures
appropriations allocated to a purpose or functon b 25% or more.
Total Current Operatin Expense lskqj�L��16
IP
Capital outla
S Support Services $750,,,2,000
Total Capital Outla
Vchool Debt Servioe 212541442
Total Appropriation — Now Hanover Count Schools Fund so-u5a.-i a
Section 4: It is estimated that the followin revenues Will be available in the Now
Hanover Count Schools Fund for the f iscal year beginning Jul Is 2012, and endin June 30,
2013: -
Aevenue Source Amount
Transfer In From General Fund $82,572r596
Inter Revenue - Federal 2449,965
Appropriated Fund Balance 1.t 135,604
Total Revenues — New Hanover Count Schools Fund ja9§3,165
I
`n accordance with G.S. 115U-429(c), the Board of Commissioners re the Board 6
,ducation to notif the Board of Commissionera in wrifin,..
Board of Commissioners Meetin
09/17/2012
9-2-10
Moro r-lation
Instructional Services"
Re Instruction
$1106842040
Special Populations
31611,358
Alternative Pro
19447,144
School Leadership
6
Co-Curricular
15820,419
School Based Support
4
$ 1640p569
S Support Servime.-
Support and Development
$1,2849,627
Special Population Support and Development
528,150
Alternative Pro and Development
280,331
Technolo Support
2,770,898
Operational Support
19,05%807
Financial and Human Resources
41346,513
Accountabilit
204,090
S Pupil Support
4480532
Polic Leadership and Public Relations
. �4
1. 5�2
$30P5575473
Anct'llar
Nutn"tion Ser%(Ices
$519
$55,698
Non-Vro Char
Pa to Other Governments
$19400pOOO
Scholarships
80�000
$1,4089000
Total Current Operatin Expense lskqj�L��16
IP
Capital outla
S Support Services $750,,,2,000
Total Capital Outla
Vchool Debt Servioe 212541442
Total Appropriation — Now Hanover Count Schools Fund so-u5a.-i a
Section 4: It is estimated that the followin revenues Will be available in the Now
Hanover Count Schools Fund for the f iscal year beginning Jul Is 2012, and endin June 30,
2013: -
Aevenue Source Amount
Transfer In From General Fund $82,572r596
Inter Revenue - Federal 2449,965
Appropriated Fund Balance 1.t 135,604
Total Revenues — New Hanover Count Schools Fund ja9§3,165
I
`n accordance with G.S. 115U-429(c), the Board of Commissioners re the Board 6
,ducation to notif the Board of Commissionera in wrifin,..
Board of Commissioners Meetin
09/17/2012
9-2-10
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
CONSENT
ITEM: 10
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2013.
13 -043 - Social Services
13 -041 - Sheriff's Office
2013 -16 - Sheriff's Office
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendments listed.
A mm A r+11X XT9P Q.
B /A13 -043
B/A 13 -041
B/A 2013 -16
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
10 -0
AGENDA: September 17, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13 - 043
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -043 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Understand / act on citizen needs
Fund: General Fund
Department: Social Services /Child Day Care
Expenditure:
Decrease
Increase
Social Services /Child Day Care:
Day Care Services
$193,965
Total
1 $0 11
$193
Revenue:
Decrease
Increase
Social Services /Child Day Care:
Office of Day Care - Federal /State Allocation
$193,965
Total
1 $0 11
$193
Section 2: Explanation
To budget increase in Child Day Care state allocation. The Day Care funding allocation received is
$193,965 more than the amount budgeted for FY 12 -13 . As of July 31, 2012, there are 513 children on the
waiting list due to lack of adequate funding to meet the demand for child care in New Hanover County.
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 13 -043, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 17th day of September, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
10 -1 -1
AGENDA: September 17, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13 - 041
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -041 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Sheriff - Justice Assistance Grant Program
Department: Sheriff's Office /Administration
Expenditure:
Decrease
Increase
Sheriff s Office /Administration:
Capital Outlay - Equipment
$42
Total
$0
$42,410
Revenue:
Decrease
Increase
Sheriffs Office /Administration:
Grant - Federal - Justice Assistance Grant
$42
Total
$0 1 1
$42410
Section 2: Explanation
To budget the $42,410 Justice Assistance Grant (JAG) awarded to the Sheriffs Office. These funds are for
one half the cost of blades for the helicopter used jointly by New Hanover County and the City of
Wilmington. The Board of County Commissioners approved the application for these grant funds at their
May 7, 2012 meeting. There is no local match requirement.
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 13 -041, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 17th day of September, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
10-2-1
AGENDA: September 17, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2013 - 16
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2013 -16 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Property (DOJ):
Supplies
$4,159
Total
1 $0 11
$4
Revenue:
Decrease
Increase
Federal Forfeited Property (DOJ):
Federal Forfeited Property
$4,159
Total
1 $0 11
$4
Section 2: Explanation
To budget Federal Forfeited Property (DOJ) receipts of 7/9/12 for $4,159. Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The
current balance in the Federal Forfeited Property fund is $113,512.
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 2013 -16, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 17th day of September, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
10 -3 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 11
DEPARTMENT: PRESENTER(S): County Commissioners and Chris Coudriet,
County Manager
CONTACT(S): Libby Moore, Human Resources Analyst
SUBJECT:
Presentation of Service Awards to Retirees and Employees and New Employee Introductions
BRIEF SUMMARY:
Service awards will be presented to retirees and employees. New employees will be introduced and invited to
have their photo taken with the Board of Commissioners to be placed on the County's website.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Hire, develop and retain talented people
• Recognize and reward contribution
• Create and support an engaged workforce
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards, recognize new employees and take photo.
COMMISSIONERS' ACTIONS:
Presented service awards, recognized new employees and took photo.
Board of Commissioners Meeting
09/17/2012
11 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 12
DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S): Carey Disney Ricks, Public Affairs Manager
SUBJECT:
Recognition of 3CM (City- County Communications and Marketing Association) Awards Presented to
New Hanover County
BRIEF SUMMARY:
During the 2012 3CMA Annual Conference, New Hanover County was recognized for outstanding
performance in communications receiving three awards:
'Award of Excellence' in the TV and Videos - Public Service Announcement category for 'Flu Shot' outreach
'Silver Circle' in the TV and Videos - Interview /Talk Show/News Programming category for 'Hurricane Irene
Footage'
And the highest honors of 'Savvy' award in the Marketing and Tools - Branding/New Logo /Government
Service category for 'Serving our Community Civics Program'
Staff to be recognized are:
Mark Boyer - Flu Shot and Hurricane Irene
Eric Peterson - Flu Shot and Hurricane Irene
Brett Cottrell - Flu Shot and Hurricane Irene
Tracy Dawson - Serving our Community Civics Program
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
• Support programs to improve educational performance
• Market and promote New Hanover County assets
• Keep the public informed on important information
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognition of awards and employees.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
09/17/2012
12 -0
Recognize awards and employees.
COMMISSIONERS' ACTIONS:
Recognized awards and employees.
Board of Commissioners Meeting
09/17/2012
12 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 13
DEPARTMENT: County Manager PRESENTER(S): Judge James H. Faison, III
CONTACT(S): Vice- Chairman Jonathan Barfield, Jr.
SUBJECT:
Consideration of the New Hanover County Blue Ribbon Commission's Anti - Bullying Resolution
BRIEF SUMMARY:
The New Hanover County Blue Ribbon Commission on the Prevention of Youth Violence was established in
New Hanover County to help prevent youth violence and to promote tolerance and understanding through the
schools and community. The Commission adopted the attached resolution on April 26, 2012. The Board is
requested to adopt the attached resolution in support of the Blue Ribbon Commission's important work for
our youth.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Support programs to improve educational performance
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Anti- Bullying Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
09/17/2012
13 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION AGAINST BULLYING
WHEREAS, bullying is an increasingly prevalent societal menace in the homes, schools and communities throughout our state and
nation, and is disruptive to the efforts of students to pursue academic excellence and acquire life skills in a safe, secure, peaceful, and
harmonious environment conducive to learning without fear; and
WHEREAS, bullying is an imbalance of power carried out by repeated and systematic acts of harassment and attacks on others by
individuals and groups through verbal or non - verbal, written, or electronic communication including taunts, gestures, name - calling,
and physical violence or threatening communication intended to place the student, teacher, or other school employees in actual or
reasonable fear of harm to their person or property, and has the potential for producing negative life - threatening consequences that are
long lasting and life changing for the perpetrator and the victim of bullying; and
WHEREAS, bullying involves harassing behavior by the perpetrator who indiscriminately targets individuals and victimizing those
who may, as stated in the North Carolina School Violence Prevention Act, actually or appear to possess differentiating characteristics
that include, but are not limited to race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status,
gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or because the
victims actually or appear to associate with persons who have or are perceived to have one or more of these characteristics; and
WHEREAS, the National Parent Teachers Association, along with the National Center for Injury Prevention and Control
acknowledge that bullying that goes unchallenged produces risk factors in the lives of the bully and the victims of bullying, that
increase the likelihood of those individuals becoming violent adults, domestic violence offenders, and /or child abusers; and
WHEREAS, the psychological and emotional trauma that victims of bullying are forced to suffer can lead to irreparable negative
consequences associated with social isolation, anti - social behaviors, and suicide; and
WHEREAS, as mandated by the North Carolina School Violence Prevention Act, the New Hanover County School System, along
with the school systems throughout North Carolina have implemented policies and procedures to prevent, forbid, and discourage
bullying on school property, on school vehicles, and at any school - sponsored function; and
WHEREAS, bullying can be eradicated from the homes, schools, and communities of New Hanover County by parents and adults
who are educated about the dynamics of bullying, and are involved in preventing and solving incidents of bullying, are engaging in
dialogue and interacting with the children to ensure adult support and discussing techniques and strategies to defend against bullying,
and who are working with school personnel, and providing appropriate intervention as needed; and
WHEREAS, the New Hanover County Blue Ribbon Commission on the Prevention of Youth Violence (BRC) was established in
New Hanover County to help prevent youth violence and to promote tolerance and understanding throughout the schools and
community.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners offers its unequivocal support
and encouragement to every school unit and all school personnel in the New Hanover County School System to implement and
execute anti - bullying policies and procedures with all due diligence; and
BE IT FURTHER RESOLOVED, that the New Hanover County Board of Commissioners urges parents, religious institutions, civic
and community organizations to cooperate with school personnel and other child advocacy organizations to promote anti - bullying
efforts, and to take proactive measures through implementing programs, functions, events, and public announcements to help raise
awareness to and to eliminate the problems of bullying in the homes, schools, and communities of New Hanover County.
ADOPTED this the 17 day of September, 2012.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
13 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 14
DEPARTMENT: County Manager PRESENTER(S): Jeanie Renegar, Regent, Stamp Defiance Chapter,
National Society Daughters of the American Revolution (DAR)
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Consideration of Constitution Week Proclamation
BRIEF SUMMARY:
September 17, 2012 marks the two hundred and twenty -fifty anniversary of the drafting of the Constitution
of the United States of America. Jeanie Renegar will represent the Stamp Defiance Chapter of the DAR in
accepting the proclamation recognizing September 17 through 23, 2012 as Constitution Week in New
Hanover County.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Constitution Week Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
14 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSTITUTION WEEK 2012
PROCLAMATION
WHEREAS, September 17, 2012 marks the two hundred and twenty -fifth anniversary of
the drafting of the Constitution of the United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to officially recognize this magnificent document
and the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations
which will commemorate the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as
Constitution Week.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that September 17 through 23, 2012 be recognized as "Constitution
Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of
the Constitution had in 1787.
ADOPTED this the 17 day of September, 2012.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
14 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 15
DEPARTMENT: Airlie Gardens PRESENTER(S): Jennifer O'Keefe, Environmental Educator and
Keep America Beautiful Coordinator
CONTACT(S): Jennifer O'Keefe, Environmental Educator and Keep America Beautiful Coordinator
SUBJECT:
Consideration of Big Sweep and Fall Litter Sweep Proclamation
BRIEF SUMMARY:
NC Big Sweep is a statewide annual cleanup of our waterways, held every September in New Hanover
County for the past 26 years. Over 10 million tons of trash has been collected from North Carolina's
environment during this event. In addition, the North Carolina Department of Transportation encourages
citizens to help clean up our roads and environment in September by participating in the Fall Litter Sweep
Roadside Clean Up.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Big Sweep Fall Litter Sweep Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
15 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
DECLARING NEW HANOVER COUNTY BIG SWEEP DAY AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FALL LITTER SWEEP
WHEREAS, New Hanover County is rich in natural resources and beauty; and
WHEREAS, litter from roadsides and parking lots runs off into our waterways; and
WHEREAS, trash fouls our waterways, harms our wildlife and poses a public health hazard; and
WHEREAS, North Carolina Big Sweep is a statewide community effort to retrieve trash from
North Carolina's waterways and landscapes, and NC Department of Transportation's Fall Litter
Sweep is a statewide effort to clean our roadsides.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that September 29, 2012 be recognized as "New Hanover County Big Sweep
2012 Day" and that September 15 -29, 2012 be recognized as "North Carolina Department of
Transportation Fall Litter Sweep" in New Hanover County and that every citizen is urged to do
his or her part to restore the beauty and function of our roadsides, beaches, lakes, streams, and
rivers by volunteering in these litter removal events.
ADOPTED this the 17 day of September, 2012.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
09/17/2012
15 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 16
DEPARTMENT: PRESENTER(S): John W. Andrews, Jr., Tourism Development
Authority Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Kim Hufham, Wilmington and Beaches Convention
& Visitors Bureau President /CEO
SUBJECT:
New Hanover County Tourism Development Authority Annual Update
BRIEF SUMMARY:
The New Hanover County Tourism Development Authority will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Tourism Development Authority Information
NHC TDA PowerPoint Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
09/17/2012
16 -0
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 whomever 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 various
locations in the county.
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
09/17/2012
16 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
John W. Andrews, Jr., 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)
Anne E. Brodsky
Kure Beach Hotel
First 12/20/10
12/31/13
Palm Air Realty
Owner /Manager
133 N. Ft. Fisher Boulevard
Kure Beach, NC 28449
458 -5269 (H) 228 -7810 (C)
Board of Commissioners Meeting
09/17/2012
16 -1 -1
TOURISM DEVELOPMENT AUTHORITY (CONY.)
PAGE 2
Revised: 8/29/2012
Board of Commissioners Meeting
09/17/2012
16-1-2
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Anne Marie Hartman, Vice - Chairman
Wrightsville Beach
First 1/22/08
12/31/10
Holiday Inn Sunspree
Hotel
Second 12/20/10
12/31/13
c/o 230 Long John Silver Drive
Owner /Manager
Wilmington, NC 28411
686- 1635(H) 256- 2231(W) 620- 6102(C)
Neal Johnson
Vacation Rental
First 12/19/11
12/31/14
Network Real Estate
Properties
7036 Orchard Trace
Owner /Manager
Wilmington, NC 28409
799 -5278 (H) 458 -8881 (W) 520 -4926 (C)
Frank M. Jones
Wilmington Hotel
First 12/15/08
12/31/11
Suburban Extended Stay Hotel
( <150)
Second 12/18/11
12/31/14
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)
First 12/19/11
12/31/14
310 N. Water Street
Owner /Manager
Wilmington, NC 28401
343 -6150 (W) 404 - 343 -0901 (C)
Carl B. Marshburn
Tourist Attraction
Unexpired 6/21/10
12/31/10
101 South Water Street
First 12/20/10
12/31/13
Wilmington, NC 28401
520 -3730 (C) 343 -1611 (W)
Sabina C. Newman
Chamber of
First 12/20/10
12/31/13
SCN Insight
Commerce
605 Dock Street
Wilmington, NC 28401
399 -7961 (H) 343 -0122 (C)
Charles Pennington, Secretary
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)
James W. Pope
Carolina Beach Hotel
Unexpired 1/19/10
12/31/12
Golden Sands Motel
Owner /Manager
P.O. BOX 759
Carolina Beach, NC 28428
458 -4320 (H) 458- 8334(W)
Revised: 8/29/2012
Board of Commissioners Meeting
09/17/2012
16-1-2
TOURISM DEVELOPMENT AUTHORITY (CONY.)
PAGE 3
Revised: 8/29/2012
Board of Commissioners Meeting
09/17/2012
16 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Ex- officio Members:
Jonathan Barfield, Jr.
New Hanover County
12/20/10
Undesignated
Vice - Chairman
Mayor Ray Rothrock
Carolina Beach
8/12
Undesignated
Mayor Dean Lambeth
Kure Beach
12/10
Undesignated
Mayor Bill Saffo
City of Wilmington
12/09
Undesignated
Mayor David Cignotti
Wrightsville Beach
12/09
Undesignated
Lisa Wurtzbacher, Treasurer
New Hanover County
8/12
Undesignated
Finance Officer
Contact: Kim Hufham, President/CEO
File: /TDA
Wilmington and Beaches CVB
B /C #42 12.11
505 Nutt Street, Unit A
Wilmington, NC 28401
341 -4030 520 -9194 (C) FAX 341 -4029
Revised: 8/29/2012
Board of Commissioners Meeting
09/17/2012
16 -1 -3
LM
0
(1)
$�� Q
&
L
M
CL
rq
0
a
vim
IA
4=
LM
cu
LA
LM
U ffj
Oa
M
M
. E:
iA
0
V
0
0
l4
LA
u
z
MO
a
0
E
M
M
L
•
Board of Commissioners Meeting
09/17/2012
16 -2 -2
4
-LI:S
A
f
i a
E.
-ir
�
i
1 §§
S 46
qvp
v .
4
0
V
0
V
tLO
a
E
L
•
a
0
E
1
0
Ln
M
2
x
•
4=0
06
00
Ln
N
00
L
0
*,
p
._
IA
�
cri
�
LM
e
3
1
0
LM
(1)
7E
4 a
M
E
x
L
0
W
M
w
0
E
w
t--I
E
E
Ln
ILM
ILM
M
0
0
Ja
0
0
_
L
0
z
L
M
CL
rq
0
a
vim
IA
4=
LM
cu
LA
LM
U ffj
Oa
M
M
. E:
iA
0
V
0
0
l4
LA
u
z
MO
a
0
E
M
M
L
•
Board of Commissioners Meeting
09/17/2012
16 -2 -2
4
-LI:S
A
f
i a
E.
-ir
�
i
1 §§
S 46
qvp
v .
4
0
V
0
V
tLO
a
E
L
•
,4nJ
i
M
i
£ i
� fig
0
cri
N
a1
rML
rM
3
0
a
0
v
IMM
O
N
O
LLO
N
r
1
TMq
0
N
i
GJ
O
0
t0
rML
O
3
N
O
N
V
00
O
n
O
O
0
LA
UD
LA
rML
LM
o�
GJ i
V
Um %�w
o v
M �
GJ
N
l�
N N
�
0
M
C
N
s
�3
a,
ca
s
V
41
m
m
Y
00
V
s
V
� Q
t V
Q V
00
0 0
0
LL
LL L L
L
> 0 0
0 v
Ln
00 CM
. N LA LA rl
I I
I
Board of Commissioners Meeting
09/17/2012
16 -2 -3
j
a• - `� x dCw`fi
f
yf
tiS��s
Im
all
-
00
mi
Im
N O
0
���t�����i�F£•SS�T t nt \�tEt
:� 1€ gm
l�
ONO
00
I
Ul)
a)
Im
t
too
dew,
4 _ �
4 =
#.fr
c ,
11
0
r I
lg
N O
l�
ONO
00
I
Ul)
a)
I
. -
4--a
I
Q�
4-j
U
. -
•>
66
bD
tiiI
co
U
C:
bD
<
0
--IhZ,
co
I
4—j
a)
r4
4-j
V
I
• 0
cn
0
W
C-
u
m
w
I
m
>
u
I
E
to
:3
o
u
m
CQ
•_
Q
I
Q}
m
0�
:3
—
a-j
-
�4
•�
0
u
0
a-j
w
C
._
E
—
.
t
too
dew,
4 _ �
4 =
#.fr
c ,
11
0
r I
lg
(A!
4
2 =
rq
TM
P
c
M
n
Q.
3
N
.
N
�1
�N
GJ
O
�N
GJ
3
i
O
Q.
3
a,
c
a�
t
u
c
ca
J
•
t
U
t0
wj
rm
c�
rm
0
M
L
0
c
oA
Q.
M
v
3�
�
M
O �
D3
•
F�
M
N
Q
3
H
dA
C
Y
O
O
Q.
3
O
kD L
•
N
EW
L
0
L
0
c
v
c
0
v
c
a
a
N
V
V
N
4 000
0
0
I
c
0
a,
s
v
dA
c
�N
U
w
V
�l
i
GJ
C
O
0
V
i
O
C
L
> U
0
U ,}
Z c
� o
(1) u
++ M
Op
2 N
a�
oa
ca
c
an
m
V
3
v
c
0
c
0
c�
• • •
Board of Commissioners Meeting
09/17/2012
16 -2 -5
h
4 =
t
' 3t?ic
VI
tAl
lv��
F �
r� MEN=
CA,
6 dam
�77
M
J
i
f0
rm
GJ
V
O
O
s
U
L/'1
•
:0%
v
CMM
M
v
v
O
0
0
cc
N
47
c6
Ow
O
U
ca
LM
H
4l
� N
0 H
•
H
41
i
C
4J
X
W
GJ
4J
DC
N
�i
0
(A
i
4l
3
0
m
a�
�c
MO
LL
C
3
N
LM
H
V
Z
cw
LL
4Ej
(A
47
s
'i
O
DC
t
v
ca
ca
Board of Commissioners Meeting
09/17/2012
16 -2 -6
h
A 0
f
4
,
4 =
#.fr
g t
' 3t?ic
4 'A'
fi
r lea
t
t
;W4
0
b
m
�i.�
•�
Cd
w
N
O
ti
�
o
T ON I
o
o
v
v
�
;W4
0
m
�i.�
•�
Cd
by
o
N
�
�
O
00
U
en
01=4
mc�
OF4
0
n
G1
h n
f�5
.�
� � M
J �V
M
M
O
N
.s
U
C5
I
m
T ON I
H
O
4J
U
4J
to
w
O
U
m
0
y
0
LJ
�lj en
)�O�O O
N
C O v
(004. �
T ON I
�4
r xx
h
A0
dew,
i
4 =
#.fr
' 3t?ic
• • • Board of Oomn*sior*rs Meeting
09/17/2012
16 -2 -7
V/ / - 11 N
�
00 i�/ L / 1
M Q1 e n
R T 00 L 1
M qT l"1
h
f
4
,
4 =
1
a� u;
•
a i .
M Q1
V-1 t1
Q1
M
M 04
O
Ln
O M
M g
fti
M
a
O
E
O
L
w
N
M
N
ari
RT
O
O
ari
RT
G1
M
qr O
O Ln
t--I
Ln
�,D
M
In
Iti
N
Q1
O
Q1
Iti
N fti
UD
Ln
N
w
M
Ln
O
r1
ri
UD
RT
UD
O
LA
UD
M
UD
gr
G1
N
cri RT
qr N
w M
O
Q'1
N
RT
UD
00
w
Ln
DO
Q
p�
M
0
.
Qa
z
++ 1
c
N
r
O
N
*,
Qv
7
ix
W
L
V
s
M
W
W
a
7
V
Z
)
V
u m
Z
Z
Z
Q
>
W
.0
F-
0
(v
GO
s
u
>
W
>
W
°�
•uf
•�
ca
M
e
M
- s
d
m
L
cn
M
❑
❑
0
'txo
[a L
H
❑
H
❑
rl
U-
V
N
U
Board of Commissioners
Meeting
09/17/2012
16 -2 -8
N
ri
Ul"i
Mr
M
0
00
N
a
N
r
s
V
LM
-
T
W
0
❑
0
0
Ln
00
❑
i
M
r-A
0
A 1
{
00
co
N
V)
M
L[�
ti
r-A
ty 00
40
Tt
Ln
�
G
cy1
C.❑
M
(U
�
�J 1
rn
I ,,% -
QD
Ln
Owl
r-I
Ln
N
C4
(%A
_u"j-
00
r-I
CF)
03
CL
t!)-
N
ri
Ul"i
Mr
r
❑
i
ty 00
40
Tt
Ln
�
0
}+
cy1
C.❑
M
I:zj
Q
Ln
N
�
to
N
��
ON
CF)
03
CL
�
N
�
cy) M
(3)
m
a"� •>
13
,
U0
p L
Q�
m
�
�
.
ca'1 [J7
�
Q
(U
co
�
M
� • �
M
M
ri
._
CLO
M
O
(1)
L
ri
cn
4
D
s�
dw
Y
s
v:
�n y.
e �t
�3t �
Board of Commissioners Meeting
09/17/2012
16 -2 -9
a
S
i
. . . . . . . . . . . . ......
C
a
M
L
MO
3
a,
C
O
00
F r
O
a
�i
H
N
GJ
v
C
Q)
f0
Q)
L
MO
0
t
�3
a,
0
U
0
N
Q1
C
C
f0
t
V
C
GJ
3
41
v
L
N
L
0
V
fl.
O
O
(1)
i
ca
L
N
0
a,
a
ca
a�
0
A
�i
O
ca
C
C
s
U
ca
1�
M
O
CA
N
X
LLI
!aA
C
Y
.N
GJ
C
C
f0
v
C
M
t
0
t
v
ILM
M
L
VI
l
.�
f .
0
s
N
L
L
L
U
N
4J
a
0 0 0 0
Board of Commissioners Meeting
09/17/2012
16 -2 -10
F
' i
F �Y
l"Z
I
3
L aw,
T=q
a
Board of Commissioners Meeting
09/17/2012
16 -2 -11
� =�3�?
- z : \�{
2.� � �
��: »
w� /.»
���
$�� �
$�� /
_ � � y
\ � � = «
���/
&
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 17
DEPARTMENT: Parks PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior
Resources Director and E B Bartlett, Executive Director, First Tee of
the Cape Fear Region
CONTACT(S): Tara Duckworth, Parks Manager or Jim McDaniel, Parks, Gardens and Senior Resources
Director
SUBJECT:
Presentation by First Tee of the Cape Fear Region
BRIEF SUMMARY:
First Tee is a national youth character development program based on nine core values, life skills, leadership
and citizenship. The program is open to area youth ages 6 -18. The program is looking to locate in
Wilmington and is requesting to construct their course at Olsen Park. The group has already made a
presentation to the Olsen Park Committee and City Council.
Staff foresees conflict as the construction of a golf complex does not fit the long -term facility plan which was
presented to the public during the 2006 Parks & Greenspace Bond Referendum public meetings.
Chris Coudriet sent a request to Sterling Cheatham on September 6, 2012, requesting the City to update the
parks master plan before commiting to this project. The letter is attached.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The organization is seeking support from the Commissioners to proceed in developing a use agreement with
the City and the County for use of Olsen Park for their First Tee Program.
ATTACHMENTS:
First Tee Presentation
Olsen Park Letter
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation but consider commitment after an update to the Olsen Park Master Plan including phases II
and III.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
09/17/2012
17 -0
Heard presentation.
Board of Commissioners Meeting
09/17/2012
17 -0
0
.mod
i
9
t i'
CL4
i
d
cn
L
(D
C:
0
cn
cn
C
0
U
0
U
a�
0
c�
z
a�
z
0
L
0
0
y-►
W
cn
W
^ L
I..L
N
r
O
N
Q
oft
ti
cn
�
L ^'
W
L
W
E
co
LL
W
Q
J
V/
:3
i
0
0
a
Cow)
Cow)
V ftft
0
i
0
0
-Q
c�
-1r
ai
O
U
O
i
c�
N
:�:bs
i
O
N
moo 'i
O
N
U
U
O
cB
O
cB
1� C/]
0 W--
C)
n.
"Ol
77
u
4=J
(n
C:
0
O
mol
CD
W%
CD
U")
ti
co
M
L.:
0
a)
L .
a)
X
W
ry
H
C)
H
A--j
I ts ,
ff
44 N
V .4
v °
L
C:
LL
C:
0
C:)
O
�
IN
°
U
U)
�
M
C%4
O
E
cn
cn
4-4
i
C
o
.O
rq
coo
CD
C
U-4
N
O
�
JL
m(D
bA
N
44 N
O O
U
4-�
O
O
b�IJ
N
44 N
O O
U
4-�
O
O
L
I..L
C/)
W
O LL
b�IJ
N
44 N
O O
U
4-�
O
O
bA
N
44 N
O O
U
4-�
O
O
ca �
C/)
=3
U cn
0
L Q
Q
cn ^L
I..L
O
0
cn
O
O
cn U
cn
cn
CO
cn
co
cn
mo
U)
0
06
cm
p
�
O
mc:
0
0
0
om
cn
0
cn
cm
cn
C:
L
Q LL
VJ
� N
O O
U
4-�
O
O
C) C)
N �
�U
o
U °
0
�
L)
o (1)
/1
Wo
C)
U"')
� N �
� O
4-�
O
O
44 N
� a1
O O
U
4-�
O
O
U)
a)
C/)
C:
M-
C:
a)
0
M�
06
a)
E
a)
Co
a)
0
E
cn
cn
cn
C:
0
M�
6--1
E
(n
C:
D
(D
M�
(n
E
a)
0
E
0
a)
E
(D
-6--o
C:
E
0
�
U
O
J
U
U
0
H
44 N
� a1
O O
U
4-�
O
O
�
O Ir
jL
�
C) 9
r �
cn
L
C:
0
cn
cn
C
0
U
c
0
U
a�
0
c
ca
2
N
Z
0
L
0
0
cn
y-+
W
W
^ L
LL
N
O
N
r
L
C
0
Q
VJ
�90
cn
L
L
LL
pIwa-
!7.40
hi
i
0
0
a
COO)
COO)
o
i
0
0
c�
-1r
Qi
Q)
:�:bs
O
U
O
i
cB
i
Q)
O
O
N
U
U
O
a
c
c�
0
c�
1�
L
O
cn
O
A
A
• r r ^ � O '
r I`.
r�
r
co
mc: M I D I
CN
i
U
Ca
m
bA
N
� N �
O O
U
4-�
O
7 �
O
L .
a)
4-0
c
a)
U
m
a)
J
a)
a)
4-0
U)
L.
.
L.L
a)
C�
i
(a
CL
c
O
cn
O
4-0
m
.. .. ..
N N Mu
M
cn
O
E
O :3
Z CL
O
Z
.2) ��
a)
a) a)
>
a)
c� c�
O
O
`~ O
cy 4-j C/) C/)
Lr) .0
N :
0) U
O
0)
a)
4- }j
O O
2 .0
LO 4--j
LO m
C/)
X L.
O
LO O
M - 0
4 --j
C-
a)
4--j O
O
Z H
o��
� N �
U
4-�
O
N
O
�
�
�
E
J .Ie
N
O
O
tl1
� N
0
m
cn
:3
>
O
cn
m
t
2 --a
U
cn
U
o
C)
�
U
N
�
U
M
cn
O
E
O :3
Z CL
O
Z
.2) ��
a)
a) a)
>
a)
c� c�
O
O
`~ O
cy 4-j C/) C/)
Lr) .0
N :
0) U
O
0)
a)
4- }j
O O
2 .0
LO 4--j
LO m
C/)
X L.
O
LO O
M - 0
4 --j
C-
a)
4--j O
O
Z H
o��
� N �
U
4-�
O
0*
U)
U)
a)
0
a�
CU
A .-O
(D
U cu
0) J
c�
�U
J L.
O E
O O
�
0
cn
c
.� cn
L.L �
a U
Jc:
Ulm)
c�
m
co
X
M
W%
U"
LO
M
o��
v °
0 0
U }'
U)
C/)
c
O
m
m
Q
N
E
O
U
L
O
LO
°
0
O O
4-0
L. m �
1 O O
�U
E
O
X
O
O N
C00
CO C: N
0
cn X
co
cn O
M N
m O
U
Cn �
L
O
0
LO
M
o��
v °
AVRIL M. PINDER, CPA
Assistant Count Mana
TIM BURGESS
Assivmt Count Mana
September 6, 2012
rill 9 LIVA M I I
Mr. Sterlin B. Cheatham, Cit Mana
Cit of Wilmin
102 N. Third Street
Wilmin NC 28402
Email: sterl'in
PULAIT MR= 4 i
707-7�= �M.-
eviousl
Based on conceptual plans that the count has pr undertaken., -1, anticipate
that this plan should cost $8,000 - $10,000. Once this Preliminar Concept Plan is
updated, then it should be approved b the Olsen Park Comm Ittee., the Wilmin Cit
Council and the New Hanover Count Board of Commissioners as the framework for
1 1 111 1 11 1 qpq i -I-
I i � 111, � I ifftqnirz I � � 1 111 � M1111111kq IrMMMIUM,
with the cit in the development of Phases 11 and III as well as Miracle Field. As y ou are
Board of Commissioners Meetin
09/17/2012
17-2-1
Mr. Sterlin B. Cheatham
September 6, 2012
Pa 2
Thank y ou for y our time and for y our willin and desire to partner with the
ZY"TIVIOTIM FMWW `�
cc: New Hanover Count Board of Commissioners (via email
Mr. Mike Kozlosk (via email)
Board of Commissioners Meetin
09/17/2012
17-2-2
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 18
DEPARTMENT: PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Donnie Hall, Fire Chief
SUBJECT:
Billy Goldfeder Fire Service Organizational Safety Award
BRIEF SUMMARY:
During the International Fire Chief s Association's Annual Conference held on August 2, 2012, Chief Donnie
Hall received, on behalf of New Hanover County Fire Rescue, the Billy Goldfeder Fire Organizational Safety
Award. The award, sponsored by Volunteer Firemen's Insurance Services (VFIS), was presented during the
Safety, Health and Survival Section Meeting. The staff of New Hanover County Fire Rescue has garnered
national recognition for implementation of Health and Wellness initiatives.
The NHCFR Health and Wellness Committee was established in 2010 by Deputy Chief Clifford Robinson
and Firefighter /Apparatus Operators Chad Erskine and Thomas Leonard, each with a respective background
in exercise science and nutrition.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Recognize and reward contribution
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize NHCFR staff Cliff Robinson, Chad Erskine, and Thomas Leonard.
ATTACHMENTS:
Billy Goldfeder Fire Service Organizational Safety Award
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recognize and congratulate Fire Services staff.
COMMISSIONERS' ACTIONS:
Recognized and congratulated Fire Services staff.
Board of Commissioners Meeting
09/17/2012
18 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 19
DEPARTMENT: PRESENTER(S): Donnie Hall, Fire Chief and David Glendenning,
Training Officer, New Hanover Regional Medical Center Emergency
Medical Services
CONTACT(S): Donnie Hall, Fire Chief and NHRMC EMS
SUBJECT:
New Hanover County Hands Only CPR Campaign
BRIEF SUMMARY:
New Hanover County Regional Medical Center's Emergency Medical Services division has launched an
initiative to improve the survivability of cardiac arrest incidents within the county. Four out of five cardiac
arrest incidents occur at home. Effective bystander Cardio Pulmonary Resuscitation (CPR) immediately after
sudden cardiac arrest can double or triple a victim's chance of survival. The mission of this initiative is to
teach over 200,000 Hands Only CPR and deploy Automatic External Defibrillator's (AED's) at key public
access areas. Leaders from NHRMC's EMS Division will present the program to the Board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
No action required.
ATTACHMENTS:
Hands Only CPR Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
09/17/2012
19 -0
i4 ( ,
{
V
r eh�
'vi'
- � It s a €� �• rt1S?t v, 4 �Stst� � E. � iS�� ''�
1 � �
i � i i44 ' p.. i
P
u s t
I
- .' il k iii MI,)
Y i
5
? S
11.1 I
I 1 �
l
i
U
Ii
�I.
O '
O
O '
O
(1)
O
t
ca
L
V
V
0
O
w
13
L
V
L
CL > 1
y L
d
0
4)
O i
L.
M fC
f
f
02
CFJ
11
44 N
� N
00
U
0
06
LU L.L
O
W
Q
z
Q
J
J
Q
U
J
Z
O
L.L
U
O
z
U
J
W
2
c
O
4-j
• U
O
cn
cn
Q
L
W
2
U_
•
W
E
O
O
U
t
1 t 4
t �
i 7Z�01'
I
7
O)
N
07
M
N
TOM
r
CO
O
O
N
a
O
m
V
L
V
a
L
CL
O
O
W ,
U
�a
8 OEM
CFJ
ap
a�
a�
a�
V .4�
O M
� N �
00
U
0
0
bA
N
44 N
� a1
O O
U
4-�
O
O
am
v
v
ca
06
c
L
V
a
U)
C/)
cn —
0
� O >
� II L
U)
o
0
� cn N
cn
CD
� O �
N � U
W � mo
L
W
U
N
(0
L
c0
L
U
UD
c
N
O
cn L
Q
U
O
(n
cn
� co
co
cn
a� a�
ca E
cn
a�
o
c > m
> qqt
E L—
cn
r**om cn co
c
L
x
m�
( . ) 0
oLM
o
-
01
CFJ
11
44 N
� a1
O O
4-�
O
0
LIS"
CL
0
a
0
E
E
■
E
0
%.
0
0
■ 0
■
M�
0
cn
ci
a�
4
0
4
X8661) Hd ' n SIM
ow%%
(£66l) Ni 'si
7
(686L) IM '99�nemp Vq
CL
cv
as
(9,860 M osauu iW 3S
>m 0
c
0
( ggg1 ) Mosauu 3N
0
1b86 'EMOI
J
AM
eDje4mm3s lellidsok
0
IUJ
01 IBAIA,jnS d
I'M
m
N
O
N
O
N
a
0
M�
4-0
m
LM
LM
(1)
CL
0
0
WA
• 4-4
o
O
o 0
c
m ME
r M
ag
z
�Zll
U)
(1)
o
E
�
�
L
0
cn
cn M�
(D
cn
LM
Lm
aj
CD
O
0
L
M
0
0
U
L
L
Lm
Lm
c�c
�
cC
�
V
v�
N
= FD
UD
Q
aD
Lm
>,
O
L
CL
arcLM
o
sm
o
cC
y
Z
R
�
V
uuC)�
U)
o
E
�
0
cn
cn M�
(D
cn
>
>
aj
CD
O
CD
L
M
0
0
U
co
0
N
= FD
UD
Q
ft"
Co
..�e
0 0
CFJ
44 N
O O O\
4-�
O
i RI
P! fi
Alf
i t
JA
U
L12E
m�
1-.
� N �
� a1
O O
U
4-�
O
O
FM (n
C/) C `�
C
O c0 � C6
cn
cn
FD
cn
>=
FM
Z o E
> 0
C/) 0
cn 0
p u,wv °ii °a�ia�i
U
FM Y
0 Co
cn
0 E > (n 0
am M� * cn
Ll�mm 0 0
am � c c o � '� � o
cn cn cu
E mim=j 0
0 0 cn (D >,
cn (n CD
L . CD
o a) cn CD 0 " w
FM > > 0
0 mo
0 UJ cn W E Q
a
02
r
CFJ
44 N
. N �
bA
4-4
W g R
O
I
>
02
r C
0
8 OEM
CFJ
11
E
c�
cn W�,a
(D c C:
0 � E a) c a�i (n • �
cn •� W •O
co F::
co E� L >
�O >1
N a
C:
N O
� U
cm � U U cu V
C
> > E C:
0 0
C: C: co m
m m 3: 0 0 L
2 2 � �
` � E
mL N
02
-7.2
Ml
CFJ
o��
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 20
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Donnie Hall, Fire Chief
SUBJECT:
Ratification of 2012 FEMA Assistance to Firefighters SAFER Grant Application Submittal
BRIEF SUMMARY:
The FEMA Staffing for Adequate Fire and Emergency Response Grants (SAFER) was created to provide
funding directly to fire departments and volunteer firefighter interest organizations to help them increase the
number of trained, "front line" firefighters available in their communities. The goal of SAFER is to enhance
the local fire departments' abilities to comply with staffing, response, and operational standards established
by the NFPA and OSHA.
New Hanover County Fire Rescue (NHCFR) has submitted an application to be considered for award of the
2012 SAFER Grant to increase total first due staffing to any incident. This staffing model would be achieved
by staffing an additional engine company to the southern fire insurance district with four firefighters per shift
(12 total positions) to bolster the staffing of the two engines which are staffed with 3 firefighters each that are
already in service. This would increase total first due staffing on scene to 10 plus a Chief Officer. The
increase from the current three to four firefighters per engine will help us to meet federal regulations and
NFPA requirements. This is the third consecutive year we have applied for the grant and it was not awarded.
If awarded, the SAFER grant would provide the salary and benefits for 12 full -time firefighters for a two -
year period. The total cost of the grant is $1,205,424.00 for the two -year period. Each new employee
would require a uniform at a cost of $861.00 and protective turnout gear at $2,770.00 each for a total of
$43,572.00.
NHCFR would be required to continue their full -time employment for a period of 12 months thereafter. The
total cost for year three would be $602,712.00 which includes salaries, benefits, and medical physicals; and a
potential impact on the fire district rate of up to 1/2 cent.
New Hanover County can decline the grant if awarded without negative consequences.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve ratification of 2012 Safer Grant application submittal.
Board of Commissioners Meeting
09/17/2012
20 -0
Ratify submission of the application.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
09/17/2012
20 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 21
DEPARTMENT: PRESENTER(S): New Hanover County Negotation Team
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
A Public Hearing on, and Consideration of, the Proposed Contract for the Retrofit and 20 -Year
Operation of the Sustainable Energy Facility (SEF) by Covanta
BRIEF SUMMARY:
Staff will present a review of the contract provisions and request the Board to direct staff to execute the
contract, as presented or modified per Board direction.
A Public Hearing on the contract will be held. Fifteen minutes will be available for those who are in favor of
the contract to speak, followed by fifteen minutes available for those wishing to speak in opposition to the
contract.
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear staff presentation. Conduct Public Hearing. Staff requests the Board to direct staff to execute the
contract as presented or modified per board direction.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation, conduct public hearing and direct staff to execute the contract as presented or modified
per board direction.
COMMISSIONERS' ACTIONS:
Heard presentation. Conducted public hearing. A motion to execute the contract with PSD avoidance failed
3 -2, Vice- Chairman Barfield and Commissioner Thompson voting in favor and Chairman Davis and
Commissioners Catlin and Berger voting in opposition.
Board of Commissioners Meeting
09/17/2012
21 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 22
DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director
CONTACT(S): Lisa Wurtzbacher, Finance Director
SUBJECT:
Consideration of 320 Chestnut Renovations
BRIEF SUMMARY:
For several years, the County's administrative offices were located at 320 Chestnut Street. In 2006, after the
County offices relocated to 230 Government Center Drive, certain court functions occupied this space. In
2010, the building sustained damage from a water leak and has been entirely vacated. The building cannot be
occupied until renovations are made. The County is currently leasing space for the court functions as 320
Chestnut Street is no longer available.
Staff reviewed and presented various options for bringing the building at 320 Chestnut Street to a condition
in which it can be occupied again. At the June 18, 2012 Board of County Commissioners meeting,
Commissioners voted to approve the capital project to renovate the building located at 320 Chestnut Street
with a cost not to exceed $10 million. At that time, staff was also requested to evaluate private interest
proposals received through June 30, 2012. Staff presented the private interest proposals received to the Board
at the July 23, 2012 meeting. Staff will review these options and address questions brought forth by the
Board at a work session being held September 13, 2012 at 1:00 p.m.
Options presented include:
• New Hanover County renovate building at 320 Chestnut
• New Hanover County demolish building at 320 Chestnut and build new building at that site
• Sell 320 Chestnut to private investor and lease back space from the investor
• Sell 320 Chestnut to private investor who will build new building at another site and lease to NHC
• Transfer property at 320 Chestnut for land located near Smith Creek Park
Staff is presenting the structure of each option along with the costs of each.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request Commissioners allow staff to proceed with the renovation of 320 Chestnut as approved with the
June 18, 2012 capital project.
Board of Commissioners Meeting
09/17/2012
22 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Request Commissioners allow staff to proceed with the renovation of 320 Chestnut as approved with the
June 18, 2012 capital project.
COMMISSIONERS' ACTIONS:
A motion to renovate six floors of 320 Chestnut at a cost not to exceed $10 million was approved 5 -0.
Board of Commissioners Meeting
09/17/2012
22 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: September 17, 2012
REGULAR
ITEM: 23
DEPARTMENT: PRESENTER(S): Carey Disney Ricks, Public Affairs Manager
CONTACT(S): Carey Disney Ricks, Public Affairs Manager
SUBJECT:
Consideration of Legislative Goals for Submission to NCACC
BRIEF SUMMARY:
The attached legislative summary has been prepared for the Board's consideration, direction and approval.
Approved goals will be submitted to NCACC September 17, 2012.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Influence legislation and external mandates to enhance local autonomy
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the proposed goals and direct staff.
ATTACHMENTS:
Legislative Goals
General Statute References
Correspondence from Commissioner Thompson
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider the proposed goals and adopt the slate as presented or modified by Board direction.
COMMISSIONERS' ACTIONS:
Adopted the goals as presented 5 -0.
Board of Commissioners Meeting
09/17/2012
23 -0
36LA
September 7, 2012
NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
230 GOVERNMENT CENTER DR STE 195
WILMINGTON, NORTH CAROLINA 28403 -1732
TELEPHONE (910) 798 -7184
To: Board of County Commissioners
From: Carey Disney Ricks, Public Affairs Manager
Re: Legislative Agenda
Cc: Executive Leadership Team
Background
CHRIS COUDRIET
County Manager
AVRIL M. PINDER, CPA
Assistant County Manager
TIM BURGESS
Assistant County Manager
Beginning the first week of August, meetings with area stakeholders, County departmental
representatives and County Commissioners have been scheduled to gather insight into regional
and operational regulatory and legislative issues. The following is a compilation of information
gathered from those meetings thus far for your review, consideration and direction regarding
possible inclusion in the `Board of Commissioners Legislative Goals' and the North Carolina
Association of County Commissioners ( NCACC) legislative agenda.
Please provide comments and /or modifications no later than September 12 An updated
document to include your input will be presented to you during your regularly scheduled
September 17 meeting for further consideration. Once adopted and if so directed by the
Commissioners, these items will be submitted for consideration by NCACC for inclusion in their
upcoming legislative goals. The deadline for submission of New Hanover County's `Legislative
Goals Proposal' to NCACC is September 17 Once submitted, NCACC Steering Committees
will review from September to October; the Legislative Goals Committee of NCACC will
review in November; the NCACC Board of Directors reviews in December and approved goals
become part of the Legislative Goals Conference January 24 -25.
New Hanover County Commissioners 2012 Legislative Goals
A. In May of 2012, the Board of County Commissioner's adopted a comprehensive list of
legislative goals. Of those goals and with your approval, there are three remaining items that
should be considered for continued support by New Hanover County. They are:
1. "Amend the Justice Reinvestment Act (GS 15 -A -1334) to exempt Adult Drug Treatment
Court participants. The General Assembly sought to address prison confinement costs by
limiting revocation of certain probationary sentences. An unintended consequence from
the Act is that repeat offenders inappropriately benefit from Drug Court. Such persons
manipulate the Drug Court option on an on -going basis with fi^equent relapses and a
Board of Commissioners Meeting
09/17/2012
23 -1 -1
demonstrated lack of commitment to treatment. The present legislation unfortunately
does not permit such persons to have their probationary sentences revoked so as to serve
appropriate jail time, until they have served two 90 -day periods in the county jail. "
2. "Amend Administrative Hearings (G. S. 150B Article 3) to modify Session Law 2011 -398,
to re- establish that the decision of an administrative law judge in the context of any
appeal under the State Personnel Act from a County Health Department or County Social
Services Department or their respective Boards is only an advisory recommendation and
not binding on the County Department or Board. "
3. "Adopt a State Budget Ordinance restoring a 50 150 state /local match for Drug Treatment
Court programs, treatment and administrative funds pursuant to G. S. 7A- 794, Funding
Administration. "
• It is recommended that this funding include treatment and administrative funds.
B. The following items contained in your 2012 goals might be best addressed as local bills. New
Hanover County Legal has provided the opinion that there is no constitutional or statutory
requirement preventing the use of local acts to address these issues. It is recommended that the
following to be pursued as local bills.
4. "Amend Renewable Energy and Energy Efficiency Portfolio Standard (G.S. 62- 133.8) to
add to the definition of "renewable energy resources "waste -to- energy facilities utilizing
municipal waste. "
5. "Amend Water and Sewer Authorities (G. S. 162A, Article 1) as follows: A water and
sewer authority may elect to promote programs which allow it to address assistance to
customers in need in the payment of their water and sewer accounts. "
C. The final remaining item from your short session legislative goals might be better addressed
v-i-a in concert with a local solution in conjunction with the City of Wilmington and area
stakeholders to include the Cape Fear Public Utility Authority (CFPUA), the Wilmington
Metropolitan Planning Organization (WMPO) and the North Carolina Department of
Transportation (NCDOT). This local solution, utilizing a comprehensive plan and zoning
ordinance update, would be consistent with direction provided to staff during the August 9 City
of Wilmington and New Hanover County joint meeting.
6 "Amend Annexation of Non - Contiguous Areas (G. S. 160A, Article 4, Part 4) specifically
160A -58.1 (a), first sentence, as follows: Upon receipt of a valid petition signed by all of
the owners of real property in the area described therein and receipt of a resolution of
the Board of County Commissioners approving such petition,
L401 945 IL/ 1 19
. "(change recommended by Commissioner Catlin)
North Carolina Association of County Commissioners Legislative Goals
2
Board of Commissioners Meeting
09/17/2012
23 -1 -2
D. The NCACC legislative agenda for 2012 contained a number of identified goals of particular
importance to New Hanover County. Four of the five NCACC priority goals, with your approval,
warrant continued support from New Hanover County. These goals are (some with additional
provisions):
1. "The continued opposition to the shift of state responsibilities forfunding transportation
construction and maintenance projects to counties. "
• A similar position of opposition to this shift in maintenance responsibility also appears on
the Wilmington Metropolitan Planning Organization legislative agenda. It is
recommended that the New Hanover County Commissioners encourage NCACC and
WMPO to continue opposition to this shift in maintenance responsibly.
2. "Reinstate ADM and lottery funds for school construction —Seek legislation to fully
reinstate the ADMfunds and lottery proceeds to the Public School Building Capital Fund. "
3. "Authorize local revenue options. Seek legislation to allow all counties to enact by
resolution or, at the option of the Board of Commissioners, by voter referendum any or all
revenue options from among those that have been authorized for any other county. "
L Q 4M T; rEffiee.- (Commissioner Catlin recommends this item become a stand - alone, priority
item. It will appear under E as a recommendation to NCACC.)
4. "Ensure adequate mental health funding.
- Oppose legislation to close state funded beds until there is adequate capacity statewide.
- Seek legislation to ensure adequate capacity of state funded acute psychiatric beds. "
• Coastal Care recommends adding language to address the provision of beds with funding
returned to the participating county. A modified request would be, "Seek legislation to
ensure adequate capacity of state - funded acute psychiatric beds with funding provided to
the participating county."
- "Seek legislation to maintain the existing levels of state Jundingfor community mental
health services. "
• Coastal Care recommends that reference to fund `restoration' be included. Specifically, it
is recommended that the state budget restore $20 million in Community Service Funding
that has been cut each budget year to fund adequate Crisis Continuum in each County of
3
Board of Commissioners Meeting
09/17/2012
23 -1 -3
the State. Preferred language via a modified goal is "Seek legislation to maintain the
existing levels of state funding for community mental health services and restore the state
budget to include $20 million in Community Service Funding for adequate Crisis
Continuum in each County of the State."
Various departments to include Budget, Social Services, Health, Criminal Justice
Services and the Sheriff suggest the pursuit of similar funds for developmental disability,
and substance abuse service.
Other items that the New Hanover County Commissioners may want to provide support via our
local legislative agenda and /or encourage NCACC are listed below. Please review these items
and direct if there are any that should be included in our local legislative agenda, become part of
the NCACC agenda, and /or be suggested as a top priority item on the NCACC agenda.
E. Staff recommends these items be listed as `top priority items' in the NCACC agenda. The first
is an existing NCACC tyoal, the second is newly proposed:
1. "Maintain jundingfor gang prevention and adolescent substance abuse prevention,
intervention and treatment programs. "
2. Explore and authorize use of alternate, sustainable revenue options / funding sources like
licenses, taxes and /or fees for beach, inlet and waterway maintenance. (This item is in
response to stakeholders to include Carolina Beach, Wrightsville Beach, Kure Beach, the
City of Wilmington and is of particular concern to County Planning, Engineering, Budget
and Finance. See attached 2009 CRC and CRAC `North Carolina Beach, Inlet and
Waterway Trust Fund' resolution, Senate DRS85164 -SB -12 Beach Management Study
Commission Section 2.2 (3)) and HB 1181 Study Municipal Local Option Sales Tax.
F. Staff recommends these items already included in the NCACC agenda be provided continued
support but not as priority items:
1. "Seek legislation to eliminate the second primary and run -off elections. "
2. "Simplify register of deeds fees — Support legislation to require that all real estate
recording fees charged by the register of deeds be set at appropriate flat rates, with a
single rate paid to a single state agency, provided that implementation of this legislation
not reduce any revenues to any county. "
G. Staff recommends these items be added to the NCACC agenda:
1. Give local Departments of Social Service more enforcement authority over adult care
homes in times of observed and immediate crisis or as follow up to situations deserving
of more expeditious attention. (as recommended by Commissioner Barfield)
FA I
Board of Commissioners Meeting
09/17/2012
23 -1 -4
2. Consider and provide guidance regarding the filing of bogus liens in the North Carolina
County Registrar of Deeds offices.
H. Staff recommends these items be given consideration for inclusion in either the NCACC
legislative agenda, the New Hanover County Legislative Goals or via some local solution:
1. Support IIB819 An Act to Study and Modify Certain Coastal Management Policies and
the State's continued study of the environmental and economic impacts of sea level rise
and sea level rise legislation, policies and /or programs. This item is in response to
environmental stakeholders and the real estate and home building industry. It is also an
item of particular interest to County Planning, Development Services, Engineering,
Finance, Environmental Management, Emergency Management, and Soil and Water
Conservation.
2. Establish a study commission to investigate well regulation as it relates to aquifer
preservation and water quality. This item has County environmental, economic and
health implications and is in response to stakeholder concern from Carolina Beach,
Wrightsville Beach, Kure Beach, CFPUA and various County staff.
3. Promote continued development of and funding for alternative transportation options
that manage and facilitate New Hanover County traffic. Alternative transportation
options may include a Cape Fear River crossing, rail, bike and pedestrian improvements
and a pilot program to enable cost - sharing for transportation improvements. Many of
these items are included in the WMPO legislative agenda.
4. Further explore the unintended consequences of and potential needed modifications to
HB462 Contingency Contracts ,for Audits /Assessments which prohibits the use of
contingency agents for collecting revenue. This item is of particular concern to the
County Tax Administrator and County Finance.
5. Continued monitoring of SB183 Selective Vegetation Removal /State Highways to ensure
visibility of outdoor advertising structures and accessibility via rights of way. (See
attached letter from Commissioner Thompson as it relates to this item.)
I. The following comprehensive Legislative Goals document proposed for submission to
NCACC is based on the before - mentioned recommendations:
5
Board of Commissioners Meeting
09/17/2012
23 -1 -5
New Hanover County
Board of Commissioners Legislative Goals
The following items are recommended as priority goals:
Amend the Justice Reinvestment Act (G.S.15 -A -1334) to exempt active Adult Drug Treatment
Court participants. The General Assembly sought to address prison confinement costs by
limiting revocation of certain probationary sentences. An unintended consequence from the Act
is that repeat offenders inappropriately benefit from Drug Court. Such persons manipulate the
Drug Court option on an on -going basis with frequent relapses and a demonstrated lack of
commitment to treatment. The present legislation unfortunately does not permit such persons to
have their probationary sentences revoked so as to serve appropriate jail time, until they have
served two 90 -day periods in the county jail.
Amend Administrative Hearings (G.S. 150B Article 3) to modify Session Law 2011 -398, to re-
establish that the decision of an administrative law judge in the context of any appeal under the
State Personnel Act from a County Health Department or County Social Services Department or
their respective Boards is only an advisory recommendation and not binding on the County
Department or Board.
Adopt a State Budget Ordinance restoring a 50 150 state /local match for funding of Drug
Treatment Court Programs pursuant to G.S. 7A -794, Funding Administration.
Amend Annexation of Non - Contiguous Areas (G. S. 160A, Article 4, Part 4) specifically 160A-
58.1 (a), first sentence, as follows: Upon receipt of a valid petition signed by all of the owners of
real property in the area described therein and receipt of a resolution of the Board of County
Commissioners approving such petition, a city may annex an area not contiguous to its primary
corporate limits when the area meets the standards set out in subsection (b) of this section.
Explore and authorize use of alternate, sustainable revenue options / funding sources like
licenses, taxes and /or fees for beach, inlet and waterway maintenance. (2009 CRC and CRAC
resolution and Senate DRS85164 -SB -12 Beach Management Study Commission Section 2.2 (3)
and HB 1181 Study Municipal Local Option Sales Tax)
Maintain funding for gang prevention and adolescent substance abuse prevention, intervention
and treatment programs.
Oppose the shift of state responsibilities for funding transportation construction and maintenance
projects to counties.
Reinstate lottery funds for school construction — Seek legislation to fully reinstate lottery
proceeds to the Public School Building Capital Fund.
Authorize local revenue options. Seek legislation to allow all counties to enact by resolution or,
at the option of the Board of Commissioners, by voter referendum any or all revenue options
from among those that have been authorized for any other county.
Board of Commissioners Meeting
09/17/2012
23 -1 -6
Ensure adequate mental health funding:
- Oppose legislation to close state - funded beds until there is adequate capacity statewide.
- Seek legislation to ensure adequate capacity of state - funded acute psychiatric beds with
funding provided to the participating county.
- Seek legislation to maintain the existing levels of state funding for community mental
health services and restore the state budget to include $20 million in Community Service
Funding for adequate Crisis Continuum in each County of the State.
The following are recommended goals:
Seek legislation to eliminate the second primary and run -off elections.
Simplify register of deeds fees — Support legislation to require that all real estate recording fees
charged by the register of deeds be set at appropriate flat rates, with a single rate paid to a single
state agency, provided that implementation of this legislation not reduce any revenues to any
county.
Authorize local Departments of Social Service more enforcement authority over adult care
homes in times of observed and immediate crisis or as follow up to situations deserving of more
expeditious attention.
Consider and provide guidance regarding the filing of bogus liens in the North Carolina
County Registrar of Deeds offices.
Support HB819 An Act to Study and Modify Certain Coastal Management Policies (adopted
8/3/2012 and the State's continued study of the environmental and economic impacts of sea
level rise and sea level rise legislation, policies and /or programs.
Establish a study commission to investigate well regulation as it relates to aquifer preservation
and water quality.
Promote continued development of and funding for alternative transportation options that
manage and facilitate New Hanover County traffic.
Explore and amend/ repeal HB462 Contimyency Contracts for Audits / Assessments (adopted
7/12/20 IQ which prohibits the use of contingency agents for collecting revenue.
Monitor SB 183 Selective Vegetation Removal / State Hityhways (adopted 7/18/2011) to ensure
visibility of outdoor advertising structures and accessibility via rights of way.
7
Board of Commissioners Meeting
09/17/2012
23 -1 -7
Thank you for your consideration of and guidance regarding these items. To ensure that we meet
NCACC's deadline, comments and /or modifications should be submitted no later than
September 12 so that I can prepare an updated document for your further consideration during
your regularly scheduled September 17 meeting. The deadline for submission of New Hanover
County's `Legislative Goals Proposal' to NCACC is September 17 As directed by the
Commissioners, these items will be submitted to NCACC for consideration and possible
inclusion in their upcoming legislative goals, or addressed in New Hanover County's legislative
agenda or via some alternate local mechanism.
CDR
Board of Commissioners Meeting
09/17/2012
23 -1 -8
u "S ISA-1334 Pa I of I
—
§ 15A-1334. The sentencw* hearin
Board of Commissioners Meetin
04/02.'2012
Board of Co 11AS ers Meetin
httn'//Www neurA Onfis n r il Rhys QerlintQ/qtnfi itpq/qtati it 714�1 WiN 9qtnti itp= 1 19 A - I 1 1 4
23-2-1
Board of Commissioncrs Mectin
04.102,"2012
Board of Co vssiofAers Meetin
or
77201�
23-2-2
F
mill
li
END,
.0molm NPLVA
ME P
04/OZ/2012
Board of Cop Meetin
09/17/2012
23-2-3
f3oard of Commissioners Mectin
04/02/2012
Board of Co V i g o n prs Meetin
0 7 Oil
23-2-4
15013-24. Venue of hearin
( a) The hearin of a contested case shall be conducted:
Board of Commissioners Meetin
�
04,102!2j
Board of Comini iorup *JT O 1 2 rs Meetin
w
23-2-5 At
Board of Commissioners Meetin
04/02/2012
Board of Co
1 � si rs Meetin
0 17 2 01
�
23-2-6 A&
§ 16013-30. Official notice.
Official notice ma be taken of all facts of which judicial notice ma be taken
and of other facts within the specialized knowled of the a The noticed
fact and its source shall be stated and made known to affected parties at the
earliest practicable time, and an part shall on timel re be afforded an
Board of Commissioners Meetin
Board of C "'i'i ers Meetin
f 0 jj
23-2-7
opportunit to dispute the noticed fact throu submission of evidence and
ar
Board of Commissioners Meetin
Board of Co ' rs Meetin
0% 7101
23 -2-8 AL
law j ud g e to continue with the case unless it is shown that substantial prejudice
to an part will result, in which event a new hearin shall be held or the case
fismissed without pre ( 1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1985 ( Re g .
Sess., 1986 c. 1022, s. 11(1), 1(12)p 1(15 c. 1028, s. 40 1987, c. 878, s. 8.)
Board of Commissioners Meetin
Board of Co ' 'Nrs Meeting
0 N'71
23-2-9
11501345. No ex parte communication; exceptions.
Unless re for disposition of an ex parte matter authorized b law, thZ
administrative law j ud g e assi to a contested case ma not communicate,
lirectl or indirectl in connection with an issue of fact, or q uestion of law, with
m
....n person or part or his representative, except on notice and opportunit for all
Board of Commissioners Meetin
Board of Co rs Meetin
OW710
23-2-10
W
parties to participate. (1973,, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 11;
2011-3982 S. 19.)
ISOB,-36: Repealed b Session Laws 2011-398, s. 20. For effective date ani
applicabilit see editor's note.
Board of Commissioners Alectin
/
04/022012
Board of Col I y g rs Meetin
ow7 n 'k 2
23-2-11 A —
§ 7A-794. Fund administration.
The Dru Treatment Court Pro Fund is created in the Administrative Office of the Courts and is administered
b the Director of the Administrative Office of the Courts in consultation with the State Dru Treatment Court
Adivisor Conimittee. (1995, c. 507, s. 21.6 1998-23, s. 9; 1998-212, s. 16.15(a), (d); 2007-393, s. 12.
9
Board of Commissioners Meeting A15
Board of Co v� airs Meeting
httn-//wm,rw -mean QtAtp rep I'?,atnt1AP=7A.7QA 111111ril 1
23-2-12
Board of Commissioners Meeting
09/17/2012
23 -2 -13
Board of Commissioners Meeting
09/17/2012 C(P
23-2-14
WHERE thos r eso urc es + .w G' ec rt b o c oas t a l #'
and counties resultin In si reductions In State tax revenues; and
WHEREAS, the U.S. Arm Corps of En has historicall provided a significant share of funding to maintain i1brtil,
Carolina's pubfic beaches, Inlets and waterwa and
WHEREAS, continued federal partnership, Including fundin Is necessa to maintain North Carolina's public beaches,
Inlets'and waterwa and
WHEREAS, other states alon the Atlantic Seaboard have Implemented coalitions of state and local fun that
p rovid e ongo w pr Ir M m ■ : a cc e ssibility o * T i K 7 c
for waterw
7
WHE t o p r e serve t he pu Int C 7 +R be Inl a nd wat
necessar to estabfish a comprehensive plan, Including a dedicated funding source, that addresses preservation,
restoration, maintenanoe and accessibilit of these state assets
BE IT FURTHER RESOLVED that the North Carolina Coastal Resources C it i T e N Ca r o lin a
Coastal Resources Advisor Council re that their member representatives In the North Carolina Genera�
Assembl and the Governor use all methods at the state's disposal to secure continued federal participation
In c Infrastructure pro jects r�: st
r
R• ■
Pz,
Next story
of
Board of Commissioners Meeting
09/17/2012
23 -2 -15
.............. .....
Im
aw ffwo 1,
I:Y-.A
Beach Mana Stud Commission. (Public)
Sponsors: Senator Jenkins.
Referred to:
1
2
3
4
5
6
7
8
9
II
D - 1 2
Board of Commissioners Meetin
09/17/2012
23-2-16
:jjLAAW
General Assembly of North Carolina Session 2009
1
2
3
5
6
7
8
9
1
13
14
15
16
17
18
1
20
1
3
24
2
6
27
28
9
30
31
3
33
34
35
3
37
38
39
4
43
44
45
4
47
48
49
50
51
Commission from granting permit modifications for the repair and maintenance of temporary
erosion control structures.
ECTION 2.1. Study Commission Established. — There is hereby established the
Legislative Study Commission on Beach Management Issues.
SECTION 2.2. Study. — The Commission shall study existing law and policies
related to beach management and determine how the State can best develop and implement a
comprehensive, long -term beach management strategy that recognizes and protects the
environmental, recreational, and economic value of the beaches of the State and that ensures
that the beaches remain open and accessible to the public. The Commission shall specifically
consider the following issues:
(1) How local governments and private property owners might more effectively
protect public and private resources in a manner that is consistent with
public trust rights, but that minimizes the loss of public and private property.
(2) New beach management tools, including publicly funded financial assistance
programs, to enable the State and local governments to address long -term
shoreline erosion lass and that could involve the rebuilding, realignment, or
removal of imminently threatened structures and infrastructure.
(3) T effectiveness and feasibility of new and innovative financing
mechanisms, land use policies, incentives for the relocation of imminently
threatened structures, and hazard mitigation programs that will further the
objective of North Carolina's long-term comprehensive beach management
strategy. These approaches may include, but are not limited to, the
authorization of special trust funds and the formation of revolving funds to
fund, in part, beach nourishment and inlet relocation projects, erosion
insurance mechanising, density restrictions on new oceanfront structures;
building setback standards; erosion response measures using innovative
technology and design; and State policy mechanisms for helping to direct
federal programs and funds to reinforce North Carolina's comprehensive,
long -term beach management strategy.
( Any other issues related to protecting the environmental, recreational, and
economic value of the beaches of the State and ensuring that the beaches
remain open and accessible to the public.
SECTION 2.. Membership. — The Commission shall be composed of 17 members
as follows:
(1) Six members of the Senate, appointed by the President Pro Tempore of the
Senate.
(2) Six members of the House of Representatives, appointed by the Speaker of
the House of Representatives.
(3) The Executive Director of the forth Carolina Beach, Inlet and Waterway
Association or the Executive Director's designee.
( The Executive Director of the North Carolina Coastal Federation or the
Executive Director's designee.
(5) The Chair of the North Carolina Coastal Resources Commission or the
Chair's designee.
( The Chair of the Marine fisheries Commission or the Chair's designee.
(7) The Chair of the Environmental Management Commission or the Chair's
designee.
SECTION 2.4* Cochairs; Vacancies. — The President Pro Tempore of the Senate
shall designate a cochaxr from among the President Pro Tempore's appointees. The Speaker of
the House of representatives shall designate a cochair from among the Speaker's appointees.
Vacancies on the Commission shall be filled by the appointing authority.
Page 2
Board of Commissioners Meeting
09/17/2012
23 -2 -17
5998 [Filed]
r-111.1
General Assembly of North Carolina Session 2009
2
3
4
5
6
7
8
9
12
1
14
15
16
17
18
19
0
22
23
24
5
6
7
8
ECTION 2.5. Quorum. — A quorum of the Commission shall consist of nine
members of the Commission.
SECTION 2.6. other Powers. —
(a ) The Commission, while in the discharge of its official duties, may exercise
all powers provided for under G. S. 120-19 and G.S. 120 -19.1 through
G. S. 120-19.4. The Commission may meet at anytime upon the joint call of
the cochairs. The Commission may meet in the Legislative Building or the
Legislative office Building.
(b) with approval of the Legislative Services Commission, the Legislative
Services officer shall assign professional staff to assist the Commission in
its work. The House of representatives' and the Senate's Directors of
Legislative Assistants shall assign clerical staff to the Commission, and the
expenses relating to the clerical employees shall be borne by the
Commission. The Commission may contract for professional, clerical, or
consultant services as provided by G.S. 120-32.02. If the Commission hires
a consultant, the consultant shall not be a State employee or a person
currently under contract with the State to provide services.
( c) Members of the Commission shall receive subsistence and travel expenses at
the rates set forth in G.S. 120-3.1, 1 3 -5, or 138-6, as appropriate.
( d) All State departments and agencies and local governments and their
subdivisions shall furnish the Commission with any information in their
possession or available to them.
SECTION 2.7. report. — No later than April 1, 20 10, the Commission shall report
its findings, including any recommended legislation, to the Environmental review
Commission. The Commission shall terminate upon filing its report or upon the convening of
the 2010 regular Session of the 2009 General Assembly, whichever is earlier.
SECTION 3. This act is effective when it becomes law. Section 1 of this act
expires September 1, 2010.
S998 [Filed]
Board of Commissioners Meeting
09/17/2012
23 -2 -18
Page 3
A SSEMBLY CA
SESSI
;# *
AN ACT TO AUTHORIZE THE D
WH ETHER iF t i H AVE i AUTHORITY TO LEVY A
L OCAL i LES TAX FOR BEACH NOURISHMI
TAXATION AND VALUATION OF LEASEHOLD INTERESTS IN EXEMPT REAL
PROPE
93 7, � � � jT*=!4 a M KM TIM
s alter H. Dalton
P res i dent of e Senate
Beverly E. '-
Governor
Approved ed • I
111111111 111111111 P1111 lilt 1111111111 11111111111111
Board of Commissioners Meetin
23 -2 -19
�Z
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-202
HOUSE BILL 819
AN ACT TO STUDY AND MODIFY CERTAIN COASTAL MANA ENMNT POLICIES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 113A- 103 () reads as rewritten:
"(2) "Coastal area" means the counties that (in whole or in part) are adjacent to,
adjoining, intersected by or bounded by the Atlantic Ocean (extending
offshore to the limits of State jurisdiction, as may be identified by rule of the
Commission for purposes of this Article, but in no event less than three
geographical miles offshore) or any coastal sound. The governor, in
accordance with the standards set forth in this subdivision and in subdivision
(3) of this section, shall designate the counties that constitute the "coastal
area," as defined by this section, and his designation shall be final and
conclusive. On or before May 1, 1974, the Governor shall file copies of a list
of said coastal -area. counties with the chairmen of the boards of
commissioners of each county in the coastal area, with the mayors of each
incorporated city within the coastal area (as so define having a population
of 2,000 or more and of each incorporated city having a population of less
than 2,000 whose corporate boundaries are contiguous with the Atlantic
Ocean, and with the Secretary of State. By wav of illustration. the counties
designated as coastal -area counties under this subdivision as of July 1 201
are Beaufort ) ertie Brunswick, Camden Carteret ., Chowan, Craven
Curritack, Dare Gates Hertford Hyde, New Hanover Onslowv Pamlico
Pasguotank, Fender Per uimans Tyrrell, and Washinaton. The
coastal - area counties and cities sh fibee.n transmit nominations to
the Governor of members of the Coastal Resources Commission as provided
in G.S. 113A- 104(d).''
SECTION 2.(a) Article 7 of Chapter 113A of the General Statutes is amended by
adding a new section to read;
113A- 107.1. Sea -level poli
Oa The General Assembly does not intend to mandate the development of sea. -level
P olicy or the definition of rates of sea -level change for re &ulatory purp oses.
(b) No rule , policy., or planning guideline that defines a rate of sea -level chanLre for
regulatory purposes shall be adopted except as .provided by this section.
U p Nothing in this section shall be construed to prohibit a coupty, municival or other
local g overnment entit y from defining rates of sea -level chanize for regulatory oses.
f All policies, rules.9 regulations., or an other product of the Commission or the
Division related to rates of sea -level change shall be subject to the re uirements of Cho ter
150E of the General Statutes.
Lel The Commission shall be the only State a enc authorized to define rates of
sea -level change for regulato1y If the Commission defines rates of sea -level change
for re ulatc ur oses it shall do so in con'unction with the Division of Coastal Management
of the Department. The Commission and Division mgy collaborate with other State a encies
boards. and cormnissions� other gublic entities; and other institutions when defining rates of
sea. -level char e. 1"
SECTION 24b) The Coastal Resources Commission and the Division of Coastal
Management of the Department of Environment and Natural resources shall not define rates of
sea -level change for regulatory purposes prior to July 1, 201 6.
1111111111.11 1 011 111111111111111111
Board of Commissioners Meeting�
09/17/2012
23 -2 -20
lull
Page 2 Session Law 2012 -202 House Bill 81
Board of Commissioners Meeting
09/17/2012
23 -2 -21
s/ Bill Rabon
Presidin Officer of the Senate
sl Thom Tiflis
Speaker of the House of- Representatives
This bill havin been presented to the Governor for si on the rd da of Jul
2012 and the Governor havin failed to approve it within the time prescribed b law, the same
is hereb declared to have become a law. This P da of Au 2012.
s/ Karen Jenkins
Enrollin Clerk
Vo
W-8m
Board of Commissioners Meetin
09/17/2012
23-2-22 01
GENE ASSEMBLY of NORTH CAROLINA
SESSION 2011
SESSION LAW 2012 -152
HOVE FILL 462
AN ACT TO LIMIT USE OF CONTINGENT -EASED CONTRACTS FOR AUDIT OR
ASSESSMENT PURP E .
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 105 -243.1 is amended by adding a new subsection to read:
" a 1, In determining the liabilily of any person for a tam the Secre mgy not employ an
agent who is compensated in whole or in 12art by the State for services rendered on a contingent
basis or any other basis related to the amount of tax, interest, or penalty assessed against or
collected from the person."
SECTION 2, G.S. 105 -299 reads as rewritten:
105 -299. Employment of experts.
The beard of county commissioners may employ appraisal firms, mapping firms or ether
persons or firms having expertise in one or more of the duties of the assessor to assist the
assessor in the performance of these duties. The county may also assign to county agencies, or
contract with State or federal agencies for, any duties involved with the approval or auditing of
use - value accounts. The county may make available to these persons any information it has that
will facilitate the performance of a contract entered into pursuant to this section. Persons
receiving this information are subject to the provisions of G.S. 105-289(e) and G.S. 105 -259
regarding the use and disclosure of information provided to them by the county. Any person
employed by an appraisal firm whose duties include the appraisal of property for the county
must be required to demonstrate that he or she is qualified to carry out these duties by
achieving a passing grade on a comprehensive examination in the appraisal of property
administered by the Department of Revenue. In the employment of these Firms, primary
consideration must be given to the firms registered with the Department of Revenue pursuant to
G.S. 105-289(i). A copy of the specifications to be submitted to potential bidders and a copy of
the proposed contract may be sent by the board to the Department of Revenue for review before
the invitation or acceptance of any bids. Contracts for the employment of these firms or persons
are contracts for personal services and are not subject to the provisions of Article 8, Chapter
143,, of the general statutes. If the board of noun commissioners employs anv verson or firm
to assist the assessor in the verformance of the assessor's duties the person or firm may not be
compensated, in whale or in part, on a contingent fee basis or any other similar method that
may impair the assessor's independence or the nercention of the assessor's independence by the
p ublic."
SECTION 3. Chapter I X 6B -8 reads as rewritten:
"
116B-8. Employment of persons with specialized skills or knowledge.
The Treasurer may employ the services of such independent consultants, real estate
managers and other persons possessing specialized shills or knowledge as the Treasurer deems
necessary or appropriate for the administration of this Chapter, including valuation,
maintenance, upkeep, management, sale and conveyance of property and determination of
sources of unreported abandoned property. The Treasurer may also employ the services of an
attorney to perform a title search or to provide an accurate legal description of real property
which the Treasurer has reason to believe may have escheated. persons whose services are
employed by the Treasurer pursuant to this section to determine sources and amounts of
unreported property are subject to the same policies, including confidentiality and ethics, as
employees of the Department of State Treasurer assigned to determine sources and amounts of
unreported property,
Board of Commissioners Meetin
23 -2 -23
assessnwnt-. the Treasurer contracts with any other person to conduct_ are audit under this
Chapter, the audit shall not be performed on a contingent fee basis or anv other similar method
that ma impair an auditor's independence or the perception of the auditor's independence b
the public. Notwithstanding the preceding sentence the Treasurer may contract with any other
verson on a contingent fee basis to conduct audits of life insurance companies where the audit
is being conducted for the purpose of identifying unclaimed death benefits or to conduct audits
of holders of unredeemed bend funds."
SECTION 3.1. G.S. 116B -6(h) reads as rewritten:
" (h) Expenditures. — The Treasurer may expend the funds in the Escheat Fund, other
than funds in the Escheat Account, for the payment of claims for refunds to owners, holders
and claimants under G.S. 116E -4; for the payment of costs of maintenance and upkeep of
abandoned or escheated property; costs of preparing lists of names of owners of abandoned
property to be furnished to clerks of superior court; costs of notice and publication; costs of
appraisals; fees of persons employed pursuant to G.S. 116B-8 costs involved in determining
whether a decedent died without heirs; fees of ersons em 10 ed ursuant to G.S. 1168 to
conduct audits; costs of a title search of real property that has escheated; and costs of auction or
sale under this Chapter. All other costs, including salaries of personnel, necessary to carry out
the duties of the Treasurer under this Chapter, shall be appropriated from the funds of the
Escheat Fund pursuant to the provisions of Article 1, Chapter 143 of the General Statutes."
ECTION 4. G.S. 15 3A- 14 reads as rewritten:
153A -146. General power to impose taxes.
A county may impose taxes only as specifically authorized b act of the General Assembly.
Except when the statute authorizing a tax provides for penalties and interest, the power to
impose a tax includes the power to impose reasonable penalties for failure to declare tax
liability, if required, and to impose penalties or interest for failure to pay taxes lawfully due
within the time proscribed by law or ordinance. In determining the liabilL of anv tax a er for
a tax, a county may not employ an agent who is compensated in whole or in part by the counter
for services rendered on a contingent basis or My other basis related to the amount of tax
interest or penalty assessed against or collected from the taxpayer. The power to impose a tax
also includes the power to provide for its administration in a manner not inconsistent with the
statute authorizing the tax."
SECTION 5. G.S. 160A-206 reads as rewritten:
"
160A-206. General power to impose taxes.
A city shall have power to impose taxes only as specifically authorized by act of the
General Assembly. Except when the statute authorizing a tax provides for penalties and
interest, the power to impose a tax shall include the power to impose reasonable penalties for
failure to declare tax liability, if required, or to impose penalties or interest for failure to pay
taxes lawfully due within the time prescribed by law or ordinance. In determining the liabili
of any tax a er for a tax a cily Ma not employ an agent who is corn ensated in whole or in
part b the city for services rendered on a contingent basis or any other basis related to the
amount of tax., interest, or penalty assessed against or collected from the taxpg. power to
impose a tax shall also include the power to provide for its administration in a manner not
inconsistent with the statute authorizing the tax."
Page 2 Session Law 2012-152 House Bill 462
Board of Commissioners Meeting
09/17/2012
23 -2 -24
SECTION 6. This act becomes effective Jul 1, 2012, and applies to audits,
determinations of liabilit and assessments contracted for on or after that date. Units of local
g overnment and the Treasurer shall not renew contin fee based contracts for these
services after Jul 1, 2012.
In the General Assembl read three times and ratified this the P da of Jul 2012.
s/ Walter H. Dafton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
sl Beverl E. Perdue
Governor
Approved 4:07 p.m. this 12'hda of Jul 2012
House Bill 462 Session Law 2012-152
Pa 3
Board of Commissioners Meetin
09/17/2012
23-2-25
JGXENEI AL ASSEMBLY of NORTH CAROLINA
SESSION 2011
S ESSION LAW 2011-397
SENATE BILL 183
AN ACT TO ESTABLISH CERTAIN STATUTORY STANDARDS FOR SELECTIVE
VEGETATION REMOVAL WITHIN THE RIGHTS-OF-WAY OF THE STATE
HIGHWAY SYSTEM.
The General Assembly of North Carolina enacts:
S ECTION 1. G.S. 136-93 reads as rewritten:
136 -93. openings, structures, pipes, trees, and issuance of permits.
Oa N o opening or other interference wh shall be made in any State road or
highway other than streets not maintained by the Department of Transportation in cities and
towns, nor shall any structure be placed thereon, nor shall any structure which has been placed
thereon be changed or removed except in accordance with a written permit from the
Department of Transportation or its duly authorized officers, who shall exercise complete and
permanent control over such roads and highways. No State road or State highway, other than
streets not maintained by the Department of Transportation in cities and towns, shall be dug up
for laying or placing pipes, conduits, sewers, wires, railways, or other objects,
an no
obstruction placed thereon, without a written permit as hereinbefore provided for, and then only
in accordance with the regulations of said Department of Transportation or its duly authorized
officers or employees; an the work shall be under the supervision and to the satisfaction of the
Department of Transportation or its officers or employees, and the entire expense of replacing
the highway in as good condition as before shall be paid by the persons, firms, or corporations
to whom the permit is given, or by whom the work is done. The Department of Transportation,
or its duly authorized officers, may, in its discretion, before granting a permit under the
provisions of this section, require the applicant to file a satisfactory bond, payable to the State
of forth Carolina, in such an amount as may be deemed sufficient by the Department of
Transportation or its duly authorized officers, conditioned upon the proper compliance with the
requirements of this section by the person, fi rm, or corporation granted such permit. Any
person making any opening in a State road or State highway, or placing any structure thereon,
or changing or removing any structure thereon without obtaining a written permit as herein
prov ided, or not in compliance with the terms of such permit, or otherwise violating the
provisions of this section, shall be guilty of a Class 1 misdemeanor: Provided, this section shall
not apply to railroad crossings. The railroads shall keep up said crossings as now provided by
law.
( h ) Except as pLovided in G.S. 136 -133.1 no vegetation, including am tree shrub
or underbrush in or on an rl'&t-of-wqy of a Mate road or Mate highwav shall be planted, cut
trimmed runed or removed without a written selective ve etation removal pennit issued
12 ursuant to G.S. 136 -133.2 and in accor dance with the rules of the Department. Re guests for a
p ermit for selective vegetation cutting, thinning, pruning, or removal shall be made by the
owner of an outdoor advertising si or the owner of a business f to the anpropriate
p erson in the Division of Hi Awns s office on a form prescribed by the lie artment. For
u oses of this secti
r on G.S. 136-133.1., 136-133.2, and 136-133.4. the prase "outdoor
advertising" shall mean the outdoor advertising 2aressly permitted under G.S. 136-129 a
or G.S. 136-129(a)(5). These provisions shall not be used to provide visibili to on-premises
sips.
Lc For outdoor advertising., vegetation cut or removal limits shall be restricted to a
maximum selective veg etatio n cut or removal zone for each sigg face pursuant to the provisions
of G.S. 136- 133.1,
I�IIIIIIII�IIII�IIIIUI�VI9�1111111
Board of Commissioners Meeting
09/17/2012 44!�
23-2-26
If the g aRplication for ve ntation cuttiniz thinniniz., prunim or removal is for a site
located within the co orate limits of a municmalL, the municipalL shall be given 30 da s to
review and provide comments on the golication if the municipalily has previously advised the
Ike artment in writing of the desire to review such a licatrons and the name of the local
official to whom notice of such application should be directed.
ECTION 2. Article 7 of Chapter 136 of the General Statutes is amended by
adding a new section to read:
1 136-93.2. Monetary value of trees+
The monetary value for existing trees removed and eligible for reimbursement to the
Ike artment as grovided in G.S. 13 6 -9 3 or G.S. 136-133.1 from State rights-of-wgy rights-of-way shall be
determined on an annual basis by the Department. In determining the value of existing trees
removed, the average cost per caliper inch , shall be based on the lower value of either the
average wholesale commercial nurseu vrices for hardwood and conifer vlants, times a 2.5
multiplier for installation and warranty or the averse cost per caliper inch for tree plantin
contracts let by the Department in the previous calendar year. The values shall be determined
and _ published by the Department no later than December 15 of each year. The values
established pursuant to this section shall be used in calculating the monetary value of trees
removed from State rights -of=ways innin Janus 1 of each year. If the Department fails to
p ublish changes in values by December 15, then the values existina on December 15 shall be
gpl2licable to existing trees removed and eligible for reimbursement for the following,
SECTION . G.S. 136 -133 is amended by adding a new subsection to read:
Uc No electrical permit shall be denied to are outdoor advertising sin described in
G.S. 136-129(4) and G.S. 136-129(5) which the Department has issued a pennit which has
not been revolved, and the electrical permit is otherwise_ compliant with technical utili
standards."
SECTION 4. Article 11 of Chapter 136 of the General Statutes is amended by
A.
adding a new section to e
1 136-133.1. outdoor advertising vegetation cutting or removal.
Lal The owner of an outdoor advertising sin permitted under G.S. 136-129(a)(4) or
G.S. 136-129(a)(5) who obtains a selective vegetation removal permit, and the owner's
designees, rngy cut, thin rune or remove vegetation in accordance with this section
G .S. 136-93(b), 136-133.2, and 136-133.4. The maximum cut or removal zone for ve etation
for each sign face shall be determined as follows:
The point located on the edge of the right-of-w right-of-way that is the closest point to
the centerline of the sign face shall be point A.
The point located 200 feet down the right-of- l inc in the direction of the
sign viewing zone shall be point B.
The point on the edge of the pavement of the travel w
acceleration and deceleration ramps, that is the closest to the centerline of
the sign shall be point C.
The Point 50 feet down the edge of the pavement in the direction of the si n
viewing zone from point C shall be voint D.
The voint 380 feet down the edge of the pavement in the direction of the
sin viewing zone from point C shall be point E* 1provided, however the
following shall gpply within the corporal limits and territorial ' of
My city, defined in Cho. ter 160A of the General Statutes:
a. on interstates or other routes with fully controlled access the point
340 feet down the edge of the gavement in the direction of the sign
viewing zone from point C shall be _point E.
b. On hi hwa s other than interstates and other routes with full
controlled access the Dint 50 feet down the edge of the pavement
in the direction of the sigg viewina zone from point C shall be point
E.
Lines drawn from point A to point D and from Dint B to point E shall
define the limits of the vegetation cut or removal area.
Vegetation vertnitted to be cut thinned runed or removed shall be defined as an
tree shrub or underbrush within the zone created by oints A E and E. Agy e tree
that was in existence at the time that an outdoor advertising structure was crested shall only be
eli ible for removal in accordance with subsections c d and a of this section. Native
Page 2 Session Law 2011-397 Lo 11 -03 97
Board of Commissioners Meeting
09/17/2012
23 -2 -27
do cods and native redbuds shall be preserved. For the OMoses of this section an existin
tree is defined as a tree that had a diameter of four inches or greater as treasured six inches
from the round at the time that the outdoor advertising structure was erected. An outdoor
advertising sign is considered erected when the si n is completely constructed with a si n face.
Lel The gpl2licant for a selective ve etation removal permit shall submit to the
Department a site plan locating thereon any trees existing at the time that the outdoor
advertising sin was erected as defined in subsection of this section that are re uested to
be cut thinned pruned., or removed and noti'Lig their species and total caliper inches. The
ggplicant shall also lag, with highly visible material or flggging., flagging., an tree that is at the time of
the application for a selective vegetation removal j2ertnit, greater than four inches in diatneter
as measured six inches from the round and re guested to be cut thinned pruned., or removed.
The selective vegetation removal request mgy be investigated on -site b Ike artrnent personnel
and a re resentative of the applicant. In the event that the Dc artment disputes the accuracy-of
the c tree information on the site plan acted above. the Department shall notify the
a licant in writing and ma request the fo llowin
Ll ) A tree survey.
That the app l icant am ends the site plan.
That the applicant deletes the trees in dispute from the desired cuttin .
If a notice of disputed tree information is received from the Dgpartment, Department, the a licant can
either effiplgy the services of a North Carolina licensed landscape architect or certified arborist
to perform a. tree survey, amend the site plan, or notifv the Department its writing that gny or all
of the dis uted trees are deleted from the a lication. If the applicant selects a tree survey. the
landscape architect or certified arborist will submit a report under seal that contains a tree
I
Inventory of existing trees in the removal zone for the outdoor advertisina structure and include
the age of any tree that existed at the time that the sign was erected. The report will rate orize
treespecies and include a site mgp of sufficient detail and dimensions. A tree survev will not be
re uired for subsequent applications to cut thin rune or remove trees at the same site for
trees that have been previously permitted. An dispute relating to whether or not the tree
existed at the time the outdoor advertising sin was erected shall be conclusively resolved b
information in the report from the licensed landsege_architect or certified arborist.
W) Except as provided in subsection a of this section trees existing at the time the
outdoor advertising sigp was erected mgy only be removed within the zone created in
subsection a of this section if the applicant satisfies one of the following two options selected
ha the applicant: Q reimbursement to the Department pursuant to G.S. 136-93.2 or ii trees
that existed at the time of the erection of the sigLi mgy be removed if the applicant agrees to
remove two nonconfonning outdoor advertisinja signs for each sin at which removal of
. existing trees is requested. The surrendered nonconforming sign must be fally disassembled
before a.n removal of e trees is permitted and shall not be ell ible for future outdoor
advertlsin ermits in perpetuily.
Lel Removal of trees and vegetation of an a e including corn lete removal exec t for
native dogwoods and native redbuds shall be permitted within the cut or removal zone
established in subsection a of this section if the a licant for the selective vegetation removal
ernnit in lieu of compliance with subsection d of this section a ees to submit to the
Pppartment a Wan for beautification and Mlanting related to the site for which the vegetation
P ermit request is made. The Department shall develop rules for compensatory re lantin
including the criteria for determining which sites qgalify for replanting, and shall in
consultation with the applicant and local izovemment representatives, determine which sites
. must be replanted and the lypes of plants and trees to be replanted. The replanting and
maintenance shall be conducted by the applicant or his or her a ents in accordance with the
rules adopted by the Department. If the conditions detailed in this subsection area reed to b
the a licant and a roved by the Ike artrnent there shall be no reimbursement to the
Ike artment under G.S. 136-93.2 for removal of trees that existed at the time the outdoor si n
was erected nor shall the applicant be required to remove two nonconforming outdoor
Advertising si ans for removal of existing trees at the site
. (fi Tree branches within a highway right-of-way right-of-wgy that encroach into the zone created b
p oints A. and D mgy be cut or pruned. Except as provided in subsection of this section
no person, firm or entily shall cut trim rune or remove or otherwise cause to be cut
trimmed pruned or removed vegetation that is in front of or adjacent to outdoor advertisin
And within the limits of the highway right-of-way for the of enhancing the visibili of
L o 11 -03 9 7 Session Law 2011-397 Page 3
Board of Commissioners Meeting
09/17/2012
23 -2 -28
outdoor advertising unless permitted to do so by the Department in accordance with this
section G. S. 13 6 -3 136433.2 d 136-133.4.
W Notwithstanding an law to the cofltr M. the owner of an outdoor advertising sign
defined by subsection (a) of this section or the owner's designees mgy, working only from the
- i v ate properly side of the fence without charge and without obtaining a selective ve etation
removal permit, cut. trim, prune, or remove any tree or ether vegetation except for native
dogwoods or native redbuds that is ( i less than four inches in diameter at the hei ht of the
controlled access fence ii located within Zoo feet on either side of the existina sin location
as defined by point A and point B in G.S. 136-133.1(a)(1) and (2), and CHO a distance of three
feet from a controlled access fence within the limits of the hiahwgy right-of-way. The activities
ertnitted b y this subsection must be performed from the private pro owner side of the
controlled access fence and with the consent of the owner of the land that is used to acc said
fence.
th) N o additional funds from the High
MLa Trust Fund shall be used for the j2urDose of
vegetation replacement under the provisions of this section*
Qi The Department mgy revolve an outdoor advertising permit for the unlawful
destruction or illegal cuttiniz of vegetation within the right -of -wU of any State-owned-or
State- maintained highwgy only if both of the following conditions are meet:
1, The unlawful destruction or illegal cutting occurred within Soo feet of either
side of the correZonding sign location measured along the edge of
p avement of the main travel mLay of the nearest controlled route and was
willfully caused by one or more of the followin
a. The sign owner.
-
b. The pennit holder.
C. The lessee or advertiser em loying the
d. Agy employees agents, or assigns of 12ersons listed in
T
sub-subdivisions a. through c. of this subdivision includiniz., but not
limited to independent contractors hired by an of the above
p ersons, or the owner of the pro upon which the si n is located
if exoressly authorized by the above persons to use or maintain the
.
s
Th ere is substantial material evidence that the unlawful destruction or
il legal cutting of vegetation would create increase or improve a view to the
outdoor advertising sign for passing motorists from the main travei wa. of
the nearest controlled route."
SECTION 5. Article 11 of Chapter 13 6 of the General Statutes is amended by
adding a new section to read:
" 136- 133.2. Issuance or denial of a selective vegetation removal vermnit.
Except as pLovided in G.S. 136-1311(g), to remove vegetation mj!y be 2ranted for
outdoor advertising locations that have been permitted for at least two ears prior to the date of
application. The Department shall approve or deLly an a lication submitted pursuant to this
section ,'including the fee re uired by G.S. 136 -18.7 and all required documentation within 30
days of the receipt of an gRplication for a selective vegetation removal perinit. If written notice
of approval or denial is not given to the applicant within the 3 0 - dayperiod then the ap lication
shall be deemed Approved. If the application is denied the Inc artment shall advise the
plicant, in writing, by registered or certified mail., return receipt requested addressed to the
party to be noticed and delivering to the addressee, the reasons for the denial.
SECTION 6. Article 11 of Chapter 136 of the General Statutes is amended b
adding a new section to read,
" 136- 133.3. AP Is of selective v ation removal permit decisions.
Lal An gRj2licant for a. selective vegetation removal permit issued pursuant to
G . S . 13 -133. ma a cal a decision of the Ike artnYent ertainin to the denial or
. conditioning of a permit for selective vegetation removal pursuant to the provisions of this
section.
-- b within 30 days of service of the Department's. decision to deny or condition a
selective vegetation removal permit issued pursuant to G.S. 136-133.4, the avplicant shall
subunit a written appeal to the SecretM of Transportation setting forth with particulars the
facts and arguments u on which the appeal is based. The 4pveal shall be sent to the Secr
Page 4 Session Law 2011 -397 L2011- 3
Board of Commissioners Meeting
09/17/2012
23 -2 -29