Agenda 2012 11-13New Hanover County,
North Carolina
L
I NIOIO�Ook
November 73, 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
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN
BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
CHRIS COUDRIET, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
%j6_0
NOVEMBER 13, 2012 1:00 P.M.
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
NON - SECTARIAN INVOCATION (Rabbi Paul Sidlofsky, Temple of Israel)
PLEDGE OF ALLEGIANCE (Commissioner Brian M. Berger)
CLOSED SESSION Pursuant to G.S. 143-318.11 (a)(3) to Consult With the County Attorney Regarding a
Matter of Potential Litigation and to Consider Personnel Matters Pursuant to G.S. 143- 318.11(a)(6)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1.
Approval of Minutes
2.
Approval to Accept Continuation Funding from the North Carolina Department
of Health and Human Services Division of Public Health Asthma Program
3.
Approval of Seven Donations for Accession into the Museum's Permanent
Collection
4.
Approval of Revisions to the Airlie Gardens Foundation Board By -Laws
5.
Ratification of Title III -D Evidence Based Health Promotions Grant Application
6.
Approval of Cape Fear Community College's Request for a Deputy to
be Located at its North Campus
7.
Approval of September 2012 Tax Collection Reports for New Hanover County
and New Hanover County Fire District
8.
Approval of Release the Levy for Tax Year 2002
9.
Adoption of the New Hanover County Fee Schedule
10.
Adoption of Budget Amendments
ESTIMATED
TIMES
REGULAR AGENDA ITEMS OF BUSINESS
2:10 p.m. 11.
Introduction of Dr. Ted D. Spring, President of Cape Fear Community College
2:15 p.m. 12.
Consideration of America Recycles Day Proclamation
2:20 p.m. 13.
Consideration of GIS Day Proclamation
2:25 p.m. 14.
Consideration of Foreign Trade Promotion Council Organizational Committee
Resolution
2:35 p.m. 15.
Consideration of a Resolution to Approve the New Hanover County Solid Waste
Program Area Management Plan
2:50 p.m. 16.
New Hanover County ABC Board Annual Update
3:00 p.m. 17.
Consideration of Request for Additional Detention Center Staffing
3:05 p.m. 18.
Consideration of the Renovation of a Facility for Public Health
3:20 p.m. 19.
Consideration of Submission of a Letter of Intent to the Cape Fear Memorial
Foundation to Fund Space Needs
3:25 p.m. 20.
Public Hearing
Text Amendment (A -404, 10/12) - Request by Staff to Amend Section 53.6 of
the Zoning Ordinance to Clarify District Procedures, Standards, and
Requirements of the Exceptional Design Zoning District (EDZD)
4:05 p.m. 21. Public Hearing
Text Amendment (A -406, 10/12)- Request by Staff to Amend Section 111 -2.1,
112.1 and 121 -3 to Provide Clarification to Community Meeting Requirements
and Notification Requirements
4:45 p.m. 22. Public Hearing
Text Amendment (A -407, 10/12)- Request by Staff to Amend Section 111 of the
Zoning Ordinance to Allow Petitions to be Resubmitted Within Twelve Months
if Substantial Changes are Made
6:00 p.m. 23. Public Hearing
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.
Rezoning Request (Z -918, 04/12) - Request by Walter Pete Avery on Behalf of
Horn Road, LLC to Rezone 2.49 Acres of Land and 1.70 Acres of Right -Of -Way
from CD(O &I) Conditional Office and Institutional to CDZ (B -2) Conditional
District Highway Business (This item was continued from the October 1, 2012
County Commissioners meeting.)
6:40 p.m.
24. Public Hearing
Special Use Permit Request (5 -606, 09/12) - Request by Stephen Ohm on Behalf
of Security Savings Bank to Obtain a Special Use Permit to Establish a
Convenience Food Store at 5111 Carolina Beach Road (This item was continued
from the October 1, 2012 County Commissioners meeting.)
7:20 p.m.
25. Public Hearing
Special Use Permit Request (5 -610, 10/12) by Cindee Wolf, Design Solutions,
on Behalf of Gordon Road Development Partners, LLC to Establish a High
Density Residential Development at 8703 Stephens Church Road
8:05 p.m.
26. Committee Appointments
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
8:20 p.m.
27. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:30 p.m.
28. 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.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 1
DEPARTMENT: PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Special Meeting held on October 5, 2012
Regular Meeting held on October 15, 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 4 -0.
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 2
DEPARTMENT: Health PRESENTER(S): Joshua Swift, Deputy Health Director
CONTACT(S): Joshua Swift, Deputy Health Director
SUBJECT:
Approval to Accept Continuation Funding from the North Carolina Department of Health and Human
Services Division of Public Health Asthma Program
BRIEF SUMMARY:
The North Carolina Enhancing Local Asthma Efforts (ELAE) program seeks to reduce the burden of asthma.
Funding will be used to promote a public awareness campaign emphasizing the importance of people with
asthma receiving the annual flu vaccine. Additionally, the ELAE program will implement the Air Quality
Flag initiative to increase the community's awareness of the Air Quality Index and air quality
forecasts. Lastly, an educational curriculum and resource guide will be provided to area day care centers to
educate day care providers on the basics of asthma and how to prevent children from having asthma attacks.
These programs will be implemented to enhance the local asthma efforts in New Hanover County.
No new County positions will be created as a result of this action.
No matching County funds are required as a part of this action.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve budget amendment #13 -093 to accept continuation funding of $11,920 for Enhancing Local Asthma
Efforts program.
ATTACHMENTS:
budget justification
B/A 13 -093
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
2 -0
Approved 4 -0.
2 -0
Budget and Budget Justification (Year 4)
Please provide a detailed budget and written justification consistent with planned project
activities. Budget items should be realistic and clearly linked to proposed project activities.
Your budget should reflect anticipated costs from September 1, 2012 - May 31, 2013 and June 1,
2013 — August 31, 2013.
Name of Local Health Department: New Hanover County
Bud et Catei!ory
Amount Requested
A.
Personnel (Salaries/Fringe Benefits)
$
B.
Sub - contracts
$
C.
Training
$
D.
Educational Materials and Resources
$ 11
E.
Travel
$
F.
Supplies
$ 150
G.
Other
$
Total Amount Requested: $ 11,920
2 -1 -1
Budget Justification
A. Personnel (Salaries/Fringe Benefits)
B. Sub - contracts
C. Training
Amount Requested $
Amount Requested $
Amount Requested $
D. Educational Materials and Resources Amount Requested $11,770
1. Promotional campaign to include billboards, newspaper articles, radio, for asthma
prevention, management & smokefree initiatives and events ($8,420)
2. Educational materials to include AQI toolkits for teachers, air quality flags, anti - idling
signs, and other asthma education materials for a total of 12 locations (childcare centers,
schools, and other facilities that could benefit from asthma program) ($3,200)
3. Printing Costs of Educational Materials Resource Guide, Family Guide, posters
and brochures to be distributed for community promotion of asthma prevention
awareness ($150)
E. Travel
Amount Requested $
F. Supplies Amount Requested $15_
General office supplies such as pens, binders, ink cartridges, folders for workshops and
trainings, etc.
G. Other Amount Requested $
Total Amount Requested $11,920
2 -1 -2
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 093
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -093 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: Health /NC Asthma Program
Expenditure:
Decrease
Increase
Health/NC Asthma Program:
Advertising Cost
$8,420
Printing
$150
Supplies
$0
$3,350
Total
$0
$11,920
Revenue:
Decrease
Increase
Health/NC Asthma Program:
Grant - State - NC -ELAE program
$11,920
Total
$0
$11,920
Section 2: Explanation
To budget grant award of $11,920 from the North Carolina Department of Health and Human Services,
Dvision of Public Health, for the continuation of the North Carolina Enhancing Local Asthma Efforts
(ELAE) program. These funds will be used to promote a public awareness campaign, implement the Air
Quality Flag initiative, and for educational curriculum and resource guides for area day care centers. No
new County positions will be created and no County matching funds are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 13 -093, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
2 -2 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 3
DEPARTMENT: PRESENTER(S): Barbara L. Rowe, Museum Curator
CONTACT(S): Barbara L. Rowe, Museum Curator
SUBJECT:
Approval of Seven Donations for Accession into the Museum's Permanent Collection
BRIEF SUMMARY:
The Museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region.
Submitted for approval are seven donations to be added to the 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 October 17, 2012.
Each item offered has a special story to preserve. From an 1892 Bible used at the Unitarian Universalist
Church in Shelter Neck, Pender County, to a "Declaration of Inclusion" document, to a group of items from a
Bladen County plantation, the objects represent 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 seven donations of regional artifacts into the Cape Fear Museum Permanent Collection.
ATTACHMENTS:
Acquisitions List
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
3 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 4
DEPARTMENT: PRESENTER(S): Janine Powell, Development Manager and Zeke
Partin, Airlie Gardens Foundation Board President
CONTACT(S): Janine Powell, Development Manager
SUBJECT:
Approval of Revisions to the Airlie Gardens Foundation Board By -Laws
BRIEF SUMMARY:
The Airlie Gardens Foundation Board has revised the by -laws to reflect new committee structure, clarify
board seats, and improve readability. The revised by -laws do not represent any significant changes to how
the board operates.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve revised by -laws.
ATTACHMENTS:
Airlie Gardens Foundation By -Laws with changes in red
Airlie Gardens Foundation By -Laws
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
4 -0
I ri I e
) "S
BY-LAWS OF THE AIRLIE GARDENS FOUNDATION B OAR D OF' DIRE _rl
C .1, -, P"VJ A INC.
Article I - Purposes,
Section 1: Mission Statement:
a7 To ei'�sui-e Airlie GC-H-dei'�s histo1-.1.C1".'fubIic with cultu.i-call cali'�d
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Section 2: The g eneral purposes of the Airlie G-gdei'�s Foundation Bo- of Dire,c,toi-s "_hei-eh'�ftei- i-e-f n-ed to -'s
............... . . . . ................ . ...... ......... I .............. .......... 11111111111"w"111111111111 ... ........... �'l,lI ....... ....
the BoaA,d) are as follows:
o ei'�sui'e ali'�. outs tc-11 i'�d i i'�, 'yisitg- ext.', ri.ei'�ce utilizh'lcy eductioi'�-'l wod<shi(:n)s oi'�site lectui-es -u'�d eyei,qs
.............. ............................. ........... ................... .................... ........ ------- ------- ------- ------- _Z� ... .... ..............
t pct, t will ft,,i.i-the.i- thei-i-fissioi'� of the G,-:H-dei'�s.
o estalbl ish il bus it-i.ess i-i-iodel th.-At will a] of totill. sustcalh'ualbility throucyh ali-i-fix.tu.i-e of
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X)IISC 1 , 1�v 16,
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a7 To establish an endowment and receive and distribute monies for prospective
fundin of capital improvements at Airlie Gardens,.,.
to encoura the:
4 ti
dissemination of knowled of the histor and natural herita of Southeastern North Carolina.
1); To arran for such meetin of the Boc-IA-d .. other interested individuals, as ma
be .............
le necessar or considered desirable in the furtherance of the aims and purposes of
Airlie Gardens.
c. To encoura and arran for g ifts, g rants, be and devises to the Foundation for its
work in the furtherance of the objectives for which it is or and to provide for the
proper expenditure, use, and conservation of all g ifts, g rants, be and devises so received.
4-. To serve in an advisor capacit to the g ardens staff & Count Commissioners
....... ...............
provid,i,i",c)e advice for operations, polic capital improvements and pro development.
T o provide oversi to all internal g roups includin but not limited to: Volunteers, special
A A
event committees and the Airlie Gardens Guild.
f_. To foster relationships with other related organizations.
To serve as ambassadors for the Gardens to the communit
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4-. To participate in and support Airlie Gardens events and
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4-1-1
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Article II - Membership
Section 1: The Corporation will not have members (. t � � �; the Bo-rdri-i-W solicit
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Article III — Directors
Section 1: Composition of the Board. The Board*.4 re*- �W shall consist of
Eleven (11) members, all of which shall be appointed by the
New Hanover County Commissioners as follows:
One (1) County Commissioner
Nine (9) At large members appointed by the County Commissioners
The following Board member shall serve by virtue of their position, as indicated:
One (1) Member of the Corbett family s descei W, � appointed by h ���� al llOye �oui� . _ 1",',," ............... .................. 11111119191919191
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Section 2: Honorary Directors. In recognition of significant service to the Foundation or
contributions of other nature, the Board of Directors may also appoint honorary or
emeritus directors. Such directors shall be considered ex officio members of the Board
but shall not have the power to vote at Board meetings.
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Section 3: Elections, Terms, and Vacancies. Terms of directors will be for three (3) years Formatted: Right: 0 ", Tab stops: Not at 0.5"
and will begin on July 1 of the year following their appointment and expire on June 30 + 0.63" + 0.75" + 0.88"
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will again be eligible for appointment to the Board after one year off the Board.
.... .....
Section 4: Ex Officio Members (non-voting): Eio i b v the o. -A d pit their Formatted: Font: Not Bold, Not Italic
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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4 -1 -2
I ri I e
Section 5: Q uorum. A simple ma of all dul appointed members of the Board ( 11 ) with
the power to vote shall constitute a q uorum at an meetin of the Board ( 6 necessar
Section 6: Function. The Board of Directors shall be the g overnin g bod of the Foundation.
Section 7: Attendance and Participation Re – All board members shall serve on at
least one standin committee of the Board and shall not miss more than 25% of the
)f -J)�, sei,�..cc e -
meetin of the Foundation and their assi committee wi th( ice aj,, cu_ d ex.cuse
at the disci-etioi,�. of the Boca_-d Pi-esidei,�t.
i -ed C-1, Boc-IA-d i-i-iei-i-ibei-s a to Sei�ve". Cod e
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ti-ticu ct i- i-i- iee tii ,� will ii-i-ii-i- iedicttelv the Bocll-d of t hUlt coi ,ff lict.
coi,fflict with cali,w C-11 c t i oi,�. to be tcalkei,�. calt th" I
...................................................................................... ..................... . ................................ . . ................... ....... ....... ....... .........
Article IV – Officers
Section 1: Officers. The officers of the Boc-d-d_,k shall be a President, vvxv,��o Vice � -Presidents��
......................................... _
a Secretar a Treasurer, and such other officers or a as the Board f4-
deei-i-is i.,�.ecess-cili-v.,g,g,g.-I-I-�ti�.�-�,-,.1,4(,..,)-r:�eg,g,g.�t-i.,eed�ed. 7.1-te )f Che Boc-d-d shcall be hei-eh,�Calftei-.i-e-f ri-ed to -cis
...............
the Ex.ecutk/e Coi-i-ii-i-fittee.
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.,.�,-esei,�t slMe of officei-s coi,�sidgtioi,�. -,i,�d electioi,�. -,t the,11 -,i,wai-v i-i-ieetiticy ofthe Bo.-IA-d.
............. .......................... .....................................
Othei- cca], didcaltes i-i-iilv be solicited fi-oi-i-i the flooi- cal this The officers shall be elected b a majorit of
............ .......................... ...... ...............
the
B oi - d i - i - i ei b e i - s sent at the 1-Board meetin ,g,g,g . i.-ti..������Ati,�,�-,��,,i",�,I"S�H-�.�.-i,,t,-�,, t,�,��,:L� l,�k,�,g.l:,i--'V(,,"g,:L�l,� F.
. . . . ............... ............ . .
The shall hold
– office two y ears (one term) followin their election or until successors are elected.
Officers ma serve a maximum of four y ears (2 terms). The will a be eli for
election as officers one y ear after the completion of a second consecutive term. A cgi,Widgte -foi- - vacanc
111111��, .............................................. ................................................... ..........
in an office shall be presemgJ to the 13)m y the Executive Committee foi-
for the unexpired term of the
—official whose term is not completed.
Section 3: Duties of Officers.
a7 President. The President shall be responsible for carr out the policies adopted b the
........................... He or she shall preside at all -i- '(4.4-+
of the Boali-d
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. ............... all meetin of the Executive .
Committee. He or she shall execute all deeds, contracts, a transfers, and such other
instruments as ma be ordered b the
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4-1-3
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b-. Vice-Presidents. The Vice - Presidents" shall perform such duties as ma be prescribed b "'
the Board ,g,g-� .+4--�"t'-)"i,,i.z (,..)i. t he Executive Committee, or the President. E�O+e,,f' "he
Vice-President ma in case of the absence or disabilit of the President, be assi b the
a
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a The operate under an annual bud as
.............
recommended b the Director and the Treasurer and as amended and adopted b the Board
or b the Executive Committee actin for the Board. The Treasurer shall review and
authorize disbursement of funds accordin to the bud and transfer funds amon bank
and investment accounts, shall periodicall review the status of the bud interim financial
statements, and the transactions and books of the Boc-H-d shall monitor investment
..............................
accounts and performance and shall recommend chan to the Executive Committee 11' �d .......... I h .......... BQ'i'-'d".":I
he -1. 1'ecalsui'ei -SsI+,�-i11 review the annual independent audit and recommend and monitor corrective action,
and shall render to the Executive Committee and the Board accounts of all fiscal transactions and of the
financial condition of the Foundation.
Article V — Executive Committee
Section 1: Composition. The Executive Committee shall consist of the:
President of the Foundation
Vice Presidents, of the Foundation
Secretar of the Foundation
Treasurer of the Foundation
Director of Airlie Gardens (Non-Votin Member)
The President shall serve as Chairman of the Executive Committee
4-1-4
I ri I e
Section 2: Function. The Executive Committee shall act between the meetings of the Board o
and shall possess all the powers of the Board in regard to the conduct of the business of the
„ provided, however, that the Executive Committee shall have no power to alter or
amend
the By -laws of the Foundation.
The Executive Committee shall oversee the solicitation, receipt, and disbursement of Foundation
funds within the approved annual budget and in accordance with the budgeting procedures established
by the Board. The Executive Committee shall also disburse to the Garden funds or grants raised or
donated
for specific Garden purposes.
' f� b � o h oC- I � � , � r+ e-will be charged with seeking qualified applicants for
the at -large positions on the
Airlie Gardens t:+i and encouraging them to apply to the New Hanover County Board of
Commissioners.
Section 3: Procedure. Executive Committee action may be taken on simple majority vote by mail,,
or other -ecoi- e de . ................. - I ---------
if a meeting is not practical.
Section 4: Quorum. Three (3) members of the Executive Committee shall constitute a quorum at any
meeting of the Committee.
Article VI — Committees
Section 1: Committees. The Board ( may, by resolution, provide for any and all committees
necessary for the proper conduct of the affairs of the kitt B o ,. Committees may also be
established by the President with the approval of the Executive Committee -, �: is
,, The duties and responsibilities of each committee, not inconsistent with the By -laws,
shall be d .�„ # � � b ; # � -by the Board : � .� .nor the Executive Committee. The President
and the
Director of Airlie Gardens shall be members ex officio of each committee and shall have the
power to vote in committee meetings. All other members shall be appointed for certain terms
by the Board 4444ee e or by the Executive Committee acting for the Board. Vacancies shall
be filled by appointment of the President for unexpired terms.
Section 2: Standing Committees (as needed): The standing committees of the Board r ware:
Finance — Reviews the annual budget I gi C11 ) qhIv : yiew o the ��C11� � cl l : of - ds� : � � I � �:1. ............
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lis cal cal i' d iii) /est � :i.iol i � �°� o h oc- H- �:�,a:.
4 -1 -5
I ri I e
Mil r ke t I I, cy - wo, r ks wi t h A�r I i e G - r d e i,�. s s t - ff t o �rlie Ggrdei,�s eye_ ts A�rlie,,)/isibilitv both ii,�. New
...........................................................
...................................................................................... . . . . . . . . ..................
K, i,w,,)/er Cou v i,�t - d outside the col-1,11-1,11] 11i ai
......................................................................................................................................................... tv re',)/iew t M . tisii
s,ti '�sure effiiciei,�t &)/er snei,�dh,u�
............ .................... . . . . . . . & .................... ..........
Non-Board members ma serve on the standin committees of the Board. The committee chair
must be a member of the Airlie Gardens Foundation.
Article V11 — Meetin of the Foundation
Section 1: Re Meetin There shall be an annual meetin of the Board of Directors of the
Foundation, to be held in Au in Wilmin North Carolina, to with such
additional meetin as the Board of Directors ma schedule.
ri
Section 2: e,i M h
t:i,4eetin Iri te
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to be tcalkei is (a A, a s ority by i �ail
actioi,�
... ...........
Section 3: Notice. Notice of re(Yulcur ij-ieetii,u.)s sh-11 be coi-rii-rimficgted to the Bo-rd, A least five (5) da prior
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to the scheduled date set for ti:*v,.,,t,he meetin of the im
Bo-rd. "his fice i-riily be coi-rii-rimficcalted v , b erriail
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4-1-6
I ri I e
Article VIII — Fiscal Year
Section 1: Duration. The fiscal year of the Foundation shall be from July 1 through June 30 LF matted: Right: 0 ", Tab stops: Not at
inclusive. The Airlie Garden �:��� shall adopt an operating budget (1) month after the New County + 0.63" + 0.75" + 0.88"
Government has approved and adopted their budget respectively -, s ooi� - c � a'
Article IX — Amendments
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Section 1: Method. These By -laws may be amended, altered, or repealed by a recommendation Formatted: Right: 0 ", Tab stops: Not at
of the Board f . . at any regular meeting or at any special meeting (provided o.38" + 0.63" + 0.75" + 0.88"
notice of the proposed change or amendment is given in the notice of such special
meeting), with final approval by the New Hanover County � ��� t ii -ffl g �� o "'� -fi ioi' s .. . . . ...............
Ii i C l �„]
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--- - --
4 -1 -7
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BY -LAWS OF THE AIRLIE GARDENS FOUNDATION BOARD OF DIRECTORS, INC.
Article I - Purpose
Section 1: Mission Statement:
To ensure and help preserve Airlie Gardens as an outstanding, historic public garden with
cultural and environmental programs developed to serve New Hanover County residents and
other visitors.
Section 2: The general purposes of the Airlie Gardens Foundation Board of Directors
(hereinafter referred to as the Board) are as follows:
• To ensure an outstanding visitor experience utilizing educational workshops, onsite
lectures and events that will further the mission of the Gardens.
• To establish a business model that will promote the goal of sustainability through a
mixture of ticket sales, foundation grants, sponsorships, workshops and annual events.
• To establish an endowment and receive and distribute monies for prospective
funding of capital improvements at Airlie Gardens.
• To encourage the dissemination of knowledge of the history and natural heritage of
Southeastern North Carolina.
• To arrange for such meetings of the Board or other interested individuals, as may be
legally necessary or considered desirable in the furtherance of the aims and purposes of
Airlie Gardens.
• To encourage and arrange for gifts, grants, bequests, and devises to the Foundation for its
work in the furtherance of the objectives for which it is organized, and to provide for the
proper expenditure, use, and conservation of all gifts, grants, bequests, and devises so
received.
• To serve in an advisory capacity to the gardens staff & County Commissioners including
providing advice for operations, policy, capital improvements and program development.
• To provide oversight to all internal groups including but not limited to: Volunteers,
special event committees and the Airlie Gardens Guild.
4 -2 -1
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• To foster relationships with other related organizations.
• To serve as ambassadors for the Gardens to the community.
• To participate in and support Airlie Gardens events and programs.
Article II - Membership
Section 1: The Corporation will not have members for governance purposes, however the Board
may solicit members for the promotion and furtherance of the Airlie mission.
Article III — Directors
Section 1: Composition of the Board. The Board shall consist of Eleven (11) members, all of
which shall be appointed by the New Hanover County Commissioners as follows:
One (1) County Commissioner
Nine (9) At large members appointed by the County Commissioners
The following Board member shall serve by virtue of their position, as indicated:
One (1) Member of the Corbett family or its descendant appointed by the New Hanover
County Commissioners.
Section 2: Honorary Directors. In recognition of significant service to the Foundation or
contributions of other nature, the Board of Directors may also appoint honorary or emeritus
directors. Such directors shall be considered ex officio members of the Board but shall not have
the power to vote at Board meetings.
Section 3: Elections, Terms, and Vacancies. Terms of directors will be for three (3) years and
will begin on July 1 of the year following their appointment and expire on June 30 of the last
year of their terms. Directors, appointed or ratified by the New Hanover County Board of
Commissioners may serve a maximum of two consecutive terms (six years); they will again be
eligible for appointment to the Board after one year off the Board.
4 -2 -2
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Section 4: Ex Officio Members (non - voting): Ex- Officio members may be appointed by the
Board at their discretion for an initial term of one year.
Section 5: Quorum. A simple majority of all duly appointed members of the Board (11) with
the power to vote shall constitute a quorum at any meeting of the Board (6 necessary).
Section 6: Function. The Board of Directors shall be the governing body of the Foundation.
Section 7: Attendance and Participation Requirements — All board members shall serve on at
least one standing committee of the Board and shall not miss more than 25% of the meetings of
the Foundation and their assigned committee without prior notice of absence and excuse at the
discretion of the Board President.
Section 8: Upon being appointed a Board members will sign a "Commitment to Serve ", "Code
of Ethics" and "Conflict of Interest" Document. Therefore, at each Board meeting, any Board
member having a known conflict with any action to be taken at that particular meeting, will
immediately notify the Board of that conflict.
Article IV — Officers
Section 1: Officers. The officers of the Board shall be a President, a Vice - President, a
Secretary, a Treasurer, and such other officers or agents as the Board deems necessary. The
Officers of the Board shall be hereinafter referred to as the Executive Committee.
Section 2: Method of Election. Vacancies. The Board President shall appoint an election
committee that will present a slate of officers for consideration and election at the June meeting
of the Board. Other candidates may be solicited from the floor at this meeting. The officers shall
be elected by a majority of the Board members present at the June Board meeting. They shall
hold office two years (one term) following their election, or until successors are elected. Officers
may serve a maximum of four years (2 terms). They will again be eligible for election as
officers one year after the completion of a second consecutive term. A candidate for a vacancy
in any office shall be presented to the Board by the Executive Committee for its approval for the
unexpired term of the official whose term is not completed.
Section 3: Duties of Officers.
President. The President shall be responsible for carrying out the policies adopted by the Board.
He or she shall preside at all meetings of the Board and all meetings of the Executive Committee.
He or she shall execute all deeds, contracts, agreements, transfers, and such other instruments as
may be ordered by the Board.
4 -2 -3
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Vice - President. The Vice - President shall perform such duties as may be prescribed by the
Board, the Executive Committee, or the President. The Vice - President may, in case of the
absence or disability of the President, be assigned by the Board or Executive Committee to
perform any or all of the duties of the President. .
Secretary. The Secretary shall preserve in the books of the Board true records and minutes of all
meetings of the Board, and Executive Committee.
Treasurer. The Treasurer shall oversee the custody and management of the financial assets of the
Foundation in accordance with the documented fiscal and investment policies approved by the
Board.
The Board shall operate under an annual budget as recommended by the Director and the
Treasurer and as amended and adopted by the Board or by the Executive Committee acting for
the Board. The Treasurer shall review and authorize disbursement of funds according to the
budget and transfer funds among bank and investment accounts, shall periodically review the
status of the budget, interim financial statements, and the transactions and books of the Board:
shall monitor investment accounts and performance and shall recommend changes to the
Executive Committee and the Board. The Treasurer shall review the annual independent audit
and recommend and monitor corrective action, and shall render to the Executive Committee and
the Board accounts of all fiscal transactions and of the financial condition of the Foundation.
Article V — Executive Committee
Section 1: Composition. The Executive Committee shall consist of the:
President of the Foundation
Vice President of the Foundation
Secretary of the Foundation
Treasurer of the Foundation
Director of Airlie Gardens (Non - Voting Member)
The President shall serve as Chairman of the Executive Committee
Section 2: Function. The Executive Committee shall act between the meetings of the Board
and shall possess all the powers of the Board in regard to the conduct of the business of the
Board provided, however, that the Executive Committee shall have no power to alter or amend
the by -laws of the Foundation.
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The Executive Committee shall oversee the solicitation, receipt, and disbursement of Foundation
funds within the approved annual budget and in accordance with the budgeting procedures
established by the Board. The Executive Committee shall also disburse to the Garden funds or
grants raised or donated for specific Garden purposes.
Members of the Board will be charged with seeking qualified applicants for the at -large positions
on the Airlie Gardens Board and encouraging them to apply to the New Hanover County Board
of Commissioners.
Section 3: Procedure. Executive Committee action may be taken on simple majority vote by
mail or other recorded devices if a meeting is not practical.
Section 4: Quorum. Three (3) members of the Executive Committee shall constitute a quorum
at any meeting of the Committee.
Article VI — Committees
Section 1: Committees. The Board may, by resolution, provide for any and all committees
necessary for the proper conduct of the affairs of the Board. Committees may also be established
by the President along with the approval of the Executive Committee as is deemed necessary.
The duties and responsibilities of each committee, not inconsistent with the By -laws, shall be
determined by the Board or the Executive Committee. The President and the Director of Airlie
Gardens shall be members of each committee and shall have the power to vote in committee
meetings. All other members shall be appointed for certain terms by the Board or by the
Executive Committee acting for the Board. Vacancies shall be filled by appointment of the
President for unexpired terms.
Section 2: Standing Committees (as needed): The standing committees of the Board are:
Finance — Reviews the annual budget, performs a monthly review of the financial
records, prepares a monthly report to the Board and ensures financial transactions are
conducted in accordance with documented fiscal and investment policies of the Board.
Buildings & Grounds -Works with Airlie Gardens Staff and Director to review buildings
and grounds upgrade recommendations. Reports to the Board recommendations to the
buildings and grounds that will require a capital expenditure outside of the normal yearly
maintenance.
Development — Subcommittees — Capital Campaign, Endowment, Annual
Fund /Membership -Works with the sponsorship committee and Donor Relations Director
to grow sponsors and memberships.
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Marketing and Outreach — Subcommittees — Events, Education, Volunteers and
Marketing -works with Airlie Gardens staff to promote Airlie Gardens events, grow Airlie
visibility both in New Hanover County and outside the community; review marketing
strategy to ensure the name and branding of Airlie Gardens is presented in accordance
with our mission.
Non -Board members may serve on the standing committees of the Board. The committee chair
must be a member of the Airlie Gardens Foundation.
Article VII — Meetings of the Foundation
Section 1: Regular Meetings. There shall be an annual meeting of the Board of Directors of the
Foundation, to be held in August in Wilmington, North Carolina, together with such
additional meetings as the Board of Directors may schedule.
Section 2: Emergency Meetings. In the event of an emergency, meetings of the Board required
outside of the normal meeting schedule may be called by the President or a majority of the
Executive Committee. If voting is required by the Board on an action to be taken, this action may
be taken on a simple majority by mail or recorded devices if a face to face meeting is not
practical.
Section 3: Notice. Notice of regular meetings shall be communicated to the Board at least five
(5) days prior to the scheduled date set for the regular meeting of the Board. This notice may be
communicated by email, regular mail or phone. Notice of emergency meetings will be
communicated to the Board members by mail, email or recorded devices as soon as practical.
Article VIII — Fiscal Year
Section 1: Duration. The fiscal year of the Foundation shall be from July 1 through June 30
inclusive. The Airlie Garden Board shall adopt an operating budget (1) month after the New
County Government has approved and adopted their budget respectively or as soon as practical
thereafter.
4 -2 -6
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Article IX — Amendments
Section 1: Method. These B ma be amended, altered, or repealed b a recommendation
of the Board at an re meetin or at an special meetin ( provided notice of the
proposed chan or amendment is g iven in the notice of such special meetin with
final approval b the New Hanover Count Board of Commissioners.
Amended: October 16, 2012
Board Approval of Amendments: October 16, 2012
4-2-7
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 5
DEPARTMENT: Aging PRESENTER(S): Janine Powell, Development Manager and Brenda
"Ben" Brow, Senior Resources Center Manager
CONTACT(S): Janine Powell, Development Manager
SUBJECT:
Ratification of Title III -D Evidence Based Health Promotions Grant Application
BRIEF SUMMARY:
We are seeking approval to apply for a grant from the Cape Fear Council of Governments, Area Agency on
Aging, for Title III -D Evidence Based Health promotions. The grant would fund instructors and other costs
associated with conducting the following classes:
A Matter of Balance
Chronic Disease Self - Management
Diabetes Self - Management
All three classes are evidence based and are taught by certified instructors.
The grant application is for $4,000. The local match ($444) is included in the department's current adopted
budget.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
• Keep the public informed on important information
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify submission of grant application.
ATTACHMENTS:
EB HPGrantapplication
EBHPbudgetform
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
5 -0
COMMISSIONERS' ACTIONS:
Approved 4 -0.
5 -0
FY2012 -13 Title III -D Health Promotion and Disease Prevention Plan
Service Code 401: Evidence -based Health Promotion /Disease Prevention
Area Agency on Aging (AAA) New Hanover County Senior Resource Center
AAA person submitting this Plan Brenda "Ben" Brow
Date: October 29, 2012
1. EXPLAIN briefly how the AAA will allocate III -D funding in FY2012 -13. Will the AAA keep this funding
and /or allocate the funding to local providers? Include which tier or tiers your evidence -based programs
meet (e.g., CDSMP = Highest level Criteria, Senior Games = Minimal Criteria). The AAA is allocating this
funding to the New Hanover County Senior Resource Center. The Senior Resource Center will be
delivering Matter of Balance, Chronic Disease Self- Management Program, and Diabetes Self -
Management program classes.
2. a. BUDGET
Federal /State Title III -D Regional Allocation Amount: $
AAA Salary /Fringe* $
AAA Staff Travel /Training /Other Expenses ** $
Evidence -based Program Expenses * ** $ 4,444
Other Expenses * * ** $
b. BUDGET Justification
*Explain what AAA staff will be supporting evidence -based programs and the percentage of time that will
be allocated using Title III -D funding.
* *Explain AAA staff expenses.
** *Explain which programs and how many programs you plan to implement.
We plan to implement 3 classes- Matter of Balance, Chronic Disease Self- Management, and Diabetes
Self- Management. The classes will be conducted from January -May of 2013. There will one class taught
in each of the three areas and each class has multiple sessions.
* ** *Explain other expenses (e.g., local provider staff salary; cost of blood pressure monitor machine for
senior center)
Additional Comments (may attach):
DAAS: Approved Not Approved Date
Comments:
Submit this plan to Audrey Edmisten at DAAS by May 18, 2012. Audrey. edmisten(a')_dhhs.nc.gov
5 -2 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 6
DEPARTMENT: Sheriff
CONTACT(S): Sheriff Ed McMahon
SUBJECT:
PRESENTER(S): Sheriff Ed McMahon
Approval of Cape Fear Community College's Request for a Deputy to be Located at its North Campus
BRIEF SUMMARY:
The Sheriff and Cape Fear Community College representatives met concerning the need for law enforcement
security at the College's North Campus.
The Sheriff requests one additional deputy position for the purpose of law enforcement security at the Cape
Fear Community College North Campus for all students, facility and staff during the academic year,
including the registration periods as needed. The deputy would be authorized to investigate and enforce
violations of the North Carolina General Statutes.
The additional Deputy position would be revenue generated as Cape Fear Community College agrees to
reimburse the County for the deputy position's salary and fringes (NHC /CFCC Agreement and budget
amendment 13 -076 are attached).
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Sheriffs request for one additional Deputy position to provide law enforcement security at the
Cape Fear Community College North Campus and adopt the ordinance for related budget amendment 13-
076.
ATTACHMENTS:
Agreement
B/A 13 -076
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
• i
Approved 4 -0.
E
New Hanover County Contract #13 -0134
NORTH CAROLINA
NEW HANOVER COUNTY
AGREEMENT
THIS AGREEMENT, made and entered into this day of
2012 by and between HANOVER COUNTY, a political subdivision
of the State of North Carolina, hereinafter referred to as "County "; CAPE FEAR
COMMUNITY COLLEGE, hereinafter "College;" and the SHERIFF OF NEW HANOVER
COUNTY, hereinafter referred to as "Sheriff'.
WITNESSETH
WHEREAS, College and County have agreed for the assignment of one (1)
deputy for the non - exclusive responsibility of law enforcement at the North Campus of Cape
Fear Community College ( "CFCC ") beginning on November 15, 2012 and continuing until
midnight on June, 30, 2013; and
WHEREAS, the parties hereto have agreed for this deputy to be assigned to the
North Campus of CFCC for the purpose of law enforcement security for all students, facility and
staff during Cape Fear Community College's North Campus academic year, including the
registration periods, as needed. The deputy is authorized to investigate and enforce violations of
the North Carolina General Statutes. The deputy shall report to the Sheriff or his designee.
NOW, THEREFORE, the parties herein agree as follows:
1. College agrees to reimburse County a sum of Thirty -Three Thousand Five
Hundred Ninety -Three ($33,593) Dollars for the remaining 7.5 months of
Fiscal Year 12 -13 for services provided by the above referenced deputy.
Said costs are to be billed in 7.5 equal monthly installments of Four
Thousand Four Hundred Seventy Nine ($4,479) Dollars.
2. The deputy provided hereunder shall be an employee of County and not
College.
3. Either party, upon thirty (30) days written notice to the other party, may
terminate the Agreement.
Page 1 of 3
dm
6 -1 -1
New Hanover County Contract #13 -0134
4. County shall procure and maintain: Law Enforcement Professional
Liability for the duration of the contract subject to limits of not less than
$1,000,000 per loss; Worker's Compensation Insurance as required by the
general statutes of the State of North Carolina and Employer's Liability
Insurance subject to limits of not less than $500,000 each accident for
bodily injury by accident, $500,000 each employee for bodily injury by
disease, and $500,000 policy limit.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the
day and year first above written and by authority duly given.
(SEAL)
ATTEST:
Clerk to the Board
County Manager
This instrument has been pre -
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
County Finance Director County Attorney
Approved by Sheriff:
Edward J. McMahon
New Hanover County Sheriff
(SEAL)
CAPE FEAR COMMUNITY COLLEGE
Ted D. Spring, President
Page 2 of 3
NEW HANOVER COUNTY
dm
6 -1 -2
New Hanover County Contract #13 -0134
This instrument has been pre -
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
College CFO
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and
County aforesaid, certify that Sheila L. Schult acknowledged that she is Clerk to the Board of
Commissioners of New Hanover County, and that by authority duly given and as the act of the
Board, the foregoing instrument was signed in its name by its Manager, sealed with its
corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of
2012.
Notary Public
My commission expires:
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and
County aforesaid, certify that Ted D. Spring came before me this day and acknowledged that he
is President of CAPE FEAR COMMUNITY COLLEGE, and that by authority duly given and as
the act of the corporation, the foregoing instrument was signed in its name as its President.
WITNESS my hand and official seal, this day of
2012.
Notary Public
My commission expires:
Page 3 of 3
dm
6 -1 -3
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 076
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -076 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
Keep the public informed on important information
Fund: General Fund
Department: Sheriffs Office /Support Services /Administration
Expenditure:
Decrease
Increase
Sheriffs Office /Support Services:
Salaries and Wages
$23,703
Social Security Taxes
$1,813
Retirement - Local Government Employee
$0
$105
Retirement - 401 K
$1,18 5
Medical Insurance Expense
$5,240
Long Term Disability Insurance
$47
Total
$0
$33
Revenue:
Decrease
Increase
Sheriff s Office /Administration:
Contract #13 -0134 - CFCC
$33,593
Total
$0
$33,593
Section 2: Explanation
The Sheriffs Office is requesting one additional Deputy position to provide law enforcement security at
Cape Fear Community College/North Campus for all students, facility and staff during the academic year,
including registration periods as needed. Cape Fear Community College will reimburse the County for this
Deputy position's salary and fringe benefits.
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 -076, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
6 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 7
DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of September 2012 Tax Collection Reports for New Hanover County and New Hanover
County Fire District
BRIEF SUMMARY:
Tax collection reports through the month of September 2012 are submitted for approval.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the reports.
ATTACHMENTS:
Monthly Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
7 -0
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 8
DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of Release the Levy for Tax Year 2002
BRIEF SUMMARY:
The Collector of Revenue requests release of the levy for tax year 2002 from the charge as the 10 -year statute
of limitations prohibits the Collector from using forced collection measure to collect these taxes. These
amounts are deemed insolvent and uncollectible.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the release request.
ATTACHMENTS:
Request for Release
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
8 -0
Pursuant to NC GS 105 -378 Limitation on use of remedies.
(a) Use of Remedies Barred. — No county or municipality may maintain an action or procedure
to enforce any remedy provided by law for the collection of taxes or the enforcement of any tax liens
(whether the taxes or tax liens are evidenced by the original tax receipts, tax sales certificates, or
otherwise) unless the action or procedure is instituted within 10 years from the date the taxes became
due.
Therefore, on this the 13 th day of November 2012 Collector of Revenue, Michelle D. Harrell, asks the
New Hanover County Board of County Commissioner's to release the levy for tax year 2002 from the
charge as the 10 year Statute of limitations prohibits the Collector from using forced collection
measures to collect these taxes. These amounts are deemed insolvent and uncollectible.
2002
Real Estate
Personal Property
Motor Vehicles
Total
New Hanover
7
156,073.66
151
314,898.09
Fire District
269.67
4
3,891.51
8,938.76
Carolina Beach
376.04
3,191.19
3,508.23
7,075.46
Kure Beach
-
28.79
492.44
521.23
Wilmington
1,944.29
56,273.85
60,108.29
118,326.43
Wrightsville Beach
-
1
488.08
1,897.69
As requested the New Hanover County Board of County Commissioner's does hereby release the levy
for tax year 2002 as stated above from the charge as the 10 year Statute of limitations prohibits the
Collector from using forced collection measures to collect these taxes. These amounts are deemed
insolvent and uncollectible.
Jonathan Barfield, Jr.
Chairman
8 -1 -1
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
CONSENT
ITEM: 9
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Amy Akin, Special Projects Officer
SUBJECT:
Adoption of the New Hanover County Fee Schedule
BRIEF SUMMARY:
The existing New Hanover County Fee Schedules have been consolidated into one document, which is
attached for approval. All fees have been previously approved and were part of the Adopted Budget for
FY12 -13. Fee schedules are currently individually located at each department. However, this format will
allow all fees to be in one document and posted to the web for easy reference.Proposed revisions will be
brought to the Board of Commissioners in the spring of 2013 to coincide with the adoption of the FY13 -14
budget.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Increase efficiency and quality of key business processes
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt New Hanover County Fee Schedule.
ATTACHMENTS:
New Hanover County Fee Schedule
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
9 -0
New Hanover Count Fee Schedule FY1 2-13
$50/hr. (4 hour minimum)
$351hr./tech. (2 hour minimum)
I
4-1-1 Camps
Certified Plant Professional
Rain Garden Certification
Friend of the Arboretum Membership;.;
Student
1-16lidual
Famil
Contributor
. *w
$35/hr./tech. (6 hour minimum)
$35/hr.ttech. (9 hour minimum)
$50/hr./IT staff (4 hour minimum)
$35/hr./tach. (3 hour minimum)
$35/hrAech. (9 hour minimum)
$35/hr./tech. (3 hour minimum)
$35/hr.ttech. (1 hour minimum)
$50/hrJstaff 0 hour minimum)
As determined b Count ffiana
As determined b Propert M
As determined b Sheriff's Office]
Various fees dependin on camp
$100 (includes manual)
$125 per person
$15
$30
$40
$100
$150
$250
$1,000
Fee Schedule FY1 3 (11-13-2012) Pa 1
9-1-1
New Hanover Count Fee Schedule FY1 2-13 tJ
Fee Schedule FY13 (11-13-2012) Pa 2
9-1-2
Private Events-Weddin
Weddin Ceremon less than 75 people, 2 HR limit
$625
Weddin Ceremon more than 75 people, 2 HR if ft
$875
Weddin Ceremon & Reception, less than
$1 R 50
75 people, 4 HR limit
Weddin Ceremon & Reception, more than
$1,625
75 people, 4 HR limit
Use of Kitchen for up to 4 hours
$400
Auditorium for Bridal Dressin
$200 per hour
Refundable Securit Deposit:
Ceremon onl
$100
Ceremon and/or reception
$500
Public Pro
Art in the Arboretum
$5 Admission
Wilmin Garden Showa.
Adults
$7
Children under 12 free
no char
Master Gardener Plant Sale:
Free Admission
Plants, other
$3.00 to $10. 00 to cover materials onl
COUNTY ATTORNEtPreparation/recordation
of notice of noncompliance
$28
PreD
Preparation/recordation of promissor note/deed
$40
LEGAL DIVISION
of trust (These fees are collected b Finance.)
Public document re q uest under G.S. 132-6,2, where
$0.10 per pa
the compilation and q uantit y does not constitute
a
extensive use of resources.
ELECTIONS
C D
$25
e-mail
ac r e
Campai finance reports and related elections
p pa
records
EMERGENCY
Hazard Material Reportin (Tier 11 b wei
MANAGEMENT
Under stora containers
$50
& 911
0-999,999 lbs. per facilit
$150
COMMUNICATIONS
1 j000j000 lbs. and above per facilit
$300
ENGINEERING
Sedimentation & Erosion Control Fees:
Residential Subdivision:
Review Fee (paid at time of application; includes
$200
initial and 2nd review)
Land Disturbance Fee (paid at time of plat
$150 per lot
recordation)
Aff lots must he in the limits of disturbance and
have emston control measures
Subse Reviews ( for each review after 2nd
$200 each
review)
Modifications
$200
Name/ Address Chan
$200
Transfer of Ownership
$200
Fee Schedule FY13 (11-13-2012) Pa 2
9-1-2
New Hanover Count Fee Schedule FY1 2-13
Fee Schedule FY1 3 (11-13-2012) Pa 3
9-1-3
Commercial Development.
Review Fee (paid at time of application; includes
1$200
initial and 2nd review)
La nd D 1-stu rbance Fee (pai d at ti m e of C e rtif icate
$400 per acre
of Completion or Occupanc
Subse Reviews (for each review after
$200 each
2nd review)
Modif 11cations
$200
Name/Address Chan
$200
Transfer of Ownership
$200
Stormwater Authorization to Construct (ATC):
Application Fee:
Review Fees:
10,000 S Feet up to 1 Acre:
Includes initial and 2nd review
$100 (includes both the initial and 2nd review)
For each review after 2nd review
$100 (per review)
I Acre up to 10 Acres:
Includes initial and 2nd review
$250 (includes both the ini'tial and 2nd review)
For each review after 2nd review
$250 (per review)
10 Acres up to 50 Acres:
Includes ial and 2nd review
$500 (includes both the initial and 2nd review)
For each review after 2nd review
$500 (per review)
50 Acres and more:
Includes initial and 2nd review
$10 per Acre (includes both the initial and 2nd review)
For each review after 2nd review
$10 per Acre (per review)
Transf or of Ownership of a stormwater facilit
$100
operatin in accordance Wth an Authorization
to 'Construct (ATC)
ENVIRONMENTAL
Caft
MANAGEMENT
Municipal Solid Waste
$59 per ton
Construction/Demolition
$59 per ton
Concreteffirick/Dirt (CLEAN - Rec
$30 per ton
Concrete/Brick/Dirt (Mixed)*
$59 per ton
Shin Roofin (Mixed)*
$59 per ton
Asphalt Shin (CLEAN - Rec
$59 per ton
Refuse Delivered in Cars, P/U Trucks or Trailers
$59 per ton
Cardboard (86% to 100%)**
no char
Mixed Glass
$18 perton
Non-Mixed Glass (Color Separated)
no char
*Must be verified b landfill attendant.
"Must be verified b rec attendant.
Special Waste:
Asbestos (accepted with Special Approval onl
$69 per cubic y ard
Slud (accepted with Special Approval onl
$61.30 per ton
Tires (disposed of b residents)
no char (maximum of five per da
Tires (disposed of b bus! nesses)
$83 perton
Household or Lead Acid Batteries (Rec
no char
Waste Oil/Used Cookin Oil/Antifreeze - Rec
no char
Fee Schedule FY1 3 (11-13-2012) Pa 3
9-1-3
New Hanover Count Fee Schedule FY1 2-131
Appliances (Rec
no char
O Shells (Rec
no char
Electronics Rec (residents onl rec
no char
Thermostats (residents onl
no char
Used Oil F ilt ers (residents onl rec
AM
no char
FINANCE Parkin Deck Fees:
First Hour
Free
Dail Rate
Wda maximum
Mon, Tues & Wed (7pm-before 7am next mornin
Free
Thurs, Fri & Sat (7pm-2am)
$5/flat evenin rate
Saturda (before 7pm)
Free
Sunda (until Monda before 7am)
Free
Roof Top
$30/month
Level 4 - Level 6
'$45/month
2 Year Deal
$40/month
Special Events
$7/flat rate fee
FIRE Now Construction Permits:
SERVICES Alarm/detectlon s
$100 +$10/1000 s ft.
Compressed g ases
$75
it Pump & Related Materials, backflow preventer
$75
Hazardous Materials - install, repair, abandon
$50
Industrial Ovens - install
$50
LIP g as - not applicable
N/A
Private fire h
$50
Sprinkler-auto fire extin s
$100 +$10/1000 s ft.
Spra booths, rooms, dip operations
$100
Standpipe s - instalftodif
$75
Tanks, pumps, pipin new construction
$75
All other permits re b Fire Code
$50
Plan review fee
® ft. - $45 minimum
Fast Track plan review
$501HR $100 minimum
Miscellaneous Fees:
After-hours inspection re
$60 per hour
Alcohol license inspection
$50
Certificate of Occupanc
$45
Cost recover - see FEMA g uide
Da Care Annual inspection
$45
Standb f it i g hter/f ire marshal
$60 per hour
Annual inspection other than DSS
:0.5
Adult carelrest home/instftutional
$45
Plan review re at site
$45 per hour
Private school annual inspection
$50
Re-inspection fee-incomplete projects/3rd inspect
$50
Fire Flow Per trip char
$200
Late Fee - Permits Nat Paid Within 30 Da
Civil Citation - First Offense
$200
Civil Citation - Second Offense
$400
Civil Citation - Third Offense
$750
Fee Schedule FY1 3 (11-13-2012) Pa 4
9-1-4
New Hanover Count Fee Schedule FY1 2-13
Perm its/Review Other Than New Construction:
I
Fire alarm & detection s & test
$100 + $10/1000 s ft.
Fire Pump or accessor backtiow preventer
$50
Private h s
$50
Automatic fire extin s & test
$100 + $1 Oil 000 s ft.
Plan review fee
$0-OVs ft. - $45 minimum
Hazardous Materials Response Fees:
En Compan Response
$225 per hour or an part thereof
Tower/Truck Compan Response
$250 per hour or an part thereof
Rescue Service Compan Response
$150 per hour or an part thereof
ORWIVIIni-En Truck
$100 per hour or an part thereof
Haz-Mat Chief/Chief Officer
$60 per hour or an part thereof
Fire Marshal Response
$60 per hour or an part thereof
Emer Mana Response
$50 per hour or an part thereof
Materials/Supplies Consumed
Actual replacement cost + handlin
Off Dut Call Back Personnel
Avera hourl rate x 1.5
An other cost of abatement and/or remediation of
incident not set out above.
Site Assessment Fee
$50
Permits:
Aerosol products
$75
Amusement buildin
$50
Aviation facilities
$75
Batter s
$50
Carnivals/fairs
$65
Cellulose nitrate film
$50
CombustibIG dust producin operations
$50
Combustible fibers
$50
Compressed g ases
$75
Covered mall buildin
$75
Cr fluids
$75
Cuffin and weldin - not applicable
N/A
Dr cleanin plants
$50
Exhibits and trade shows
$50
Explosives - 30 da
$150
Explosirves - 90 da
$300
Fire h and valves - not applicable
N/A
Flammable & combustible li Class
5-1,000 g allons
Flammable & combustible li Class I I I I 1
$65
25-1 1000 g allons
Flammable & combustible li Class
$250
>1 000 g allons
Operation of fuel dispensin facilit
$75
Install/remove above or below g round stora tank
$100 per tank
Pipeline operation - not applicable
N/A
Flammable & combustible - chan in contents
$75
Floor finishin
$50
Fee Schedule FY1 3 (11- 13-2012) Pa 5
9-1-5
New Hanover Count Fee Schedule FY1 2-13
DeKm�ment 1707 ii
Fee Scheclule FY1 3 (11-13-2012) Pa 6
9-1-6
Fruit and crop ripenin
$50
Fumi & thermal insecticide fo
$50
Hazardous materials - business
$50
Hazardous materials - industrial
$150
Hazardous production facilit
$250
Hi piled stora
$50
Hot work operations, kettle
$35
Industrial Ovens
$65
Lumber y ards/woodworkin g plants
$50
Li or g as fueled vehicles/e
$35
LP g as - not applicable
N/A
Ma
$50
Misc. combustible stora
$50
Open burnin - not applicable
N/A
Open f lames and candies
$4-5
Place of assembl 50-699
$75
Place of assembl 700-1000
$100
Place of assembl >1 000
$125
Private fire h
$50
P special eff ects material - indoor
$200
P it effects material - outdoor
$150
P plastics
$50
Refri e - not applicable
N/A
Repair g ara g e/service station <5,000 s ft.
$50
Repair g ara g e/service station >5,000 s ft.
$100
Rooftop heliports
$75
Spra or dippin flammable finishes
$100
Stora of scrap tires/b
$75
Tents/canopies
$40
it rebuildin plants
$75
Waste handlin waste facilit
$50
Wood products
$50
HEALTH
Heafth Servioe fee schedule is voluminous.
Refer to Exhibit 1 of this document
for the Health Fee structures.
Fee Scheclule FY1 3 (11-13-2012) Pa 6
9-1-6
is =F-.
a, FRM , M-4 ERM
I � I II
Not to exceed $25 per Contact Hour
per Participant
$0.20 per unit I
$0.20 per unit $4.00 maximum
$0.20 per
it $4.00 maximum
$ 1 per unit $4 rn"murn
$1 per da $4 maximum
List price & fee
List price & fee
$10
$1
$5
$0.10 unit char
$0.15 unit char
$0.50 unft char
$0.30 unit char
$0.26 unft char
$1 unit char
$5 set-up fee
1$5 plus set fee
$15-$25
$50
$75-$150
$2.00 unit char
$25 per hour
Fee Schedule FY13 (11-13-2012) Pa 7
9-1-7
III IIIIIIIIII 11,1111 ql ��pii 111111111 ���illilli III
IT,
Ird "11 0 =,M 0 JMK9 Oil I U � 32
11 OE-3�
1111M �r�1111111 I �I�
. T1 111A 4 11 kTj I
Non-Resident Librar Card (annual)
$30
Non-Resident Internet Access Card (30 da
1$2
Rental BooksMeek
$3
Rental DVDs
$1 per da
Out-of Town Research
cop costs plus $5
Admission Fees:
Adults
$7
Youth (3-17)
$4
Colle Students
$6
Seniors (65 and over)
$6
Militar with ID
$6
Children, under 3
$0
First Sunda NHC residents
$0
Members
$0
Room Use Fees - (durin hours of operation);
Non-Profft & g overnment or
$0
For-profit, private companies or g roups
$50 P l us $1 0/hour
Room Use Fees - (After hours of operation).-
Securit g uard - flat fee for all
$45
Non-Profit & g overnment or
$20 plus $10/hour
For-profft, private companies or g roups
$120 plus $201hour
School Pro
Museum Field Trips/Outreach (on-site):
In-Count Schools - g uided.-
Student
$3
Adult
$3
Teacher
Free
Bus Driver
Free
In,-Coun:t Schools - seff-
Student
Free
Adult
Free
Teacher
Free
Bus Driver
Free
Non-Count Schools - g uided.-
Student
$6
Adult
$6
Teacher
Free
Bus Driver
Free
Non-Count Schools - seff-
Student
$4
Adult
$4
Teacher
Free
Bus Driver
Free
Museum Outreach (off site):
in-Count Schools.-
Student
$5
Neon-Count Schools.-
Student
$6
a and handlin
Fee Schedule FY1 3 (11-13-2012) Pa 8
9-1-8
New Hanover Count Fee Schedule FY1 2-13
� I =I-
1 f7l "1 2011. 1 7.1-111cm 77770 M.L IF [III-1 F-1 17--n-11 [771511
no char
$15/hour
$25/hour
$50/hour
$1 00/hour
Current Manufacturer Price; Price subject to chan
$.004 per s inch
$.007 per inch
Products available throu Cape Fear Museum Stom!
Products available throu Cape Fear Museum Storffv
Free
Ne on a case b case basis.
Fee Schedule FY 3 (11-13-2012) Pa 9
9-1-9
New Hanover Count Fee Schedule FY1 2-13
off PT-To Mor, 111-11"Im rJ Lai
Fee Schedule FY1 3 (11-13-2012) Pa 10
9-1-10
Use fees - onek-time-use onl
Commercial Projects:
Book or Ma
B&W/Color ima
$100/ima
Front Cover ima
$500/ima
Back Cover ima
$250/ima
Video or Film.-
Ima provided b Cape Fear Museum
$1 00/ima
On-site filmin
$200/object
CDADVD.-
B&W/Color ima
$1 00/ima
Dwarafion(Exhibit.-
B&W/Color ima
$1 00/ima
Waftite -mnewable annuall
B&W/Color ima
$1 00/ima
Nonprofit Profits (501 (c) (3):status)
10% of commercial rate
PARKS, GARDENS
Athletic Fields - Per Houn
& SENIOR
Youth - Recreational Lea
no char
RESOURCE
Adult - No Li
$10 per hour
CENTER
Adult - With Li
$20 per hour
Athletic Field Tournamerd Fees:
p ARKS D
Includes full weekend (2 da
Da Rental
$125 per field
Da and Ni (with li
$150 per field
Out of town team fee
$30 per team
Portable concessions
$25
Picnic Shelters (4 hour rental):
Small
$25
Medium
$35
Lar
$45
Event Areas:
Hu MacRae Gazebo and Garden Area
$300 for 4 hour rental
Hu MacRae Event Area
$1 000 per da
O Park Event Area
$1,000 per da
Riverside Park Buildin
Dama Deposit
$250
Da Use (Bam - 5prn)
$125 for a 4 hour rental
Lon term rate (used once a month)
$100 per use
PARKS, GARDENS
Alrile Concert Series:
& SENIOR
Member
no char
RESOURCE
Adults (non-member)
$8
CENTER
Children (a 6-12)
$2
Alrile Admission:
GA RDENS DiVISION
M e m b e r
no char
Adults (non-member)
$5
Children (a 6-12)
$3
Count free da first Sunda of each month
New Hanover Count residents no char
Fee Schedule FY1 3 (11-13-2012) Pa 10
9-1-10
New Hanover Count Fee Schedule FY1 2-13
Airlie Membership:
Individual
$25
Famil Packa (2 adufts; children under 12 free)
$50
Do Packa
150 waitin
Rose Packa
2-501 list
Ma Packa
$500
Azalea Packa
$1,000
Enchanted Aidle:
Member
no char
Adults (non-member)
$5
Children (a 6-12)
$4
Parkin Pass
$5
Carload Pass
$22
Environmental Education (EE) Pro
$250 non-refundable
NHC schools
no char
Non-count schools
$3 per student
Guided tours:
no extra char with admission
Bird Hikes:
Member
Free
Non-member
$5
Ka Eco Tours
$50/person
Owl Prowls:
Member
f ree
Non-member
$5
O Roast
$75/ticket
Wild Adventureal ( summer camp):
Member
$120/ for week-lon camp
Non-member
$135/ for week-lon camp
Member
$125 week
Non-member
$150 week
After-hour/Private Events:
Two hour event or weddin onl
Tuesda - Frida $500/Saturda $1,500
(Fee incudes Bridal portrait opportunit
Three hour event or weddin onl
$2,500
(Fee incudes Brictal portrait opportunit
4 hour event or reception/rehear dinner onl
$3
(Fee includes Bfidal portrait opportunit
5 hour event or reception/rehearsal dinner onl
$4p5OO
(Fee includes Bridal portrait opportunit
Dama Deposit
$700 refundable
Securit Fee
$250 non-refundable
Bridal Portraits onl
Sitefee
$200
Re for staff member& g olf cart
$500
TV & movie films (paid to Airlie Foundation):
Production
$1,750 per da
Pre or post-production
$250 per da
Fee Schedule FY13 (11-13-2012) Pa 11
9-1-11
DeDatrt eTt m I I aoll III
PARKS, GARDENS
Instructors char $3 - $8/class
I
Varies $3 to $8 per class (paid directl to instructor)
I
& SENIOR
Instructors pa 10% of fees to Senior Center
RESOURCE
Ensure prices include 2% NC Food Tax:
CENTER
Re
$24.45
Plus
$29.60
SENIOR RESOURCE
Glucerna
$35.75
CENTER DIVISION
Hi Protein
$29.60
Boost prices include 2% NC Food Tax:
Re
$23-45
Plus
$28.60
Glucerna
$34.75
Hi Protein
$28-60
PLANNING
Rezonin
$500 less than 5 acres - $600 more than 5 acres
& INSPECTIONS
Continuances:
Prior to Advertisement
$0 Plannin Board - $100 Count Commissioners
PLANNING
After Advertisement
$300 Plannin Board and Count Commissioners
DIVISION
Special Use Permit
$150 Sin Resident - $400 all other
Text Amendments
$400 per application - $600 Land Use Plan
Board of Adjustment
$350
Subdivision Review:
Conventional
$300 per preliminar
Performance & Hi Densit
$20 per lot final
Street/Easement Closure
$750
Street Namin
$200 + cost of si
Mobile Home Park
$250 per preliminar - $20 per f inal space
Publications:
Zonin Ordinance
$10
Subdivision Re
$3
Mobile Home & Travel Trailer Park
$3
Historic Architecture of NHG
$6
Low Impact Development Manual
$10
Communi-t Plans
$10
Posta & Handlin
$5
Copies:
Letter black/white
Letter color
$1
Le blacktwhite
Le color
$1.50
Tabloid black/white
$1
Tabloid color
$2
Black/whfte lar plotter maps
$10
Zonin Maps
added to price list f or $10
PLANNING
Permit Fee Schedule is Voluminous.
& INSPECTIONS
Refer to Exhibit 2 of this document
for the Inspection Fee structures.
NHC Trainin and Education Classes:
Classes are periodicall off ered to the public.
� Not to exceed $25 per contact hour per participant
Fee Schedule FY 3 (11-13-2012) Pa 12
9-1-12
New Hanover Count Fee Schedule FY1 2-13
2 ��� 11111 1 1111111 1 �
777111r.'L I =14
Classes ma f nclude inspector continuin
education, Journe classes, and Contractor
continuin education. Fees for these classes
var based on class duration (contact hours),
complexI t of the material, number of handouts,
other included services (such as exam scorin
and processin to State examinin authorities),
completion certificates, and I® cards.
PROPERTY MGT. Labor for non-count vehicle maintenance
$53 per hour
(CFCC, CoastalCare and other)
REGISTER OF REAL ESTATE FILING FEES:
DEEDS Deeds and Other Instruments.m
(except plats, deeds of trust, and mort
Up to 15 pa
$26
Each additional pa
$4
Additional fee for each multiple instrument
$10
Dead of Trust and Mort
Up to 15 pa
$56
Each additional pa
$4
Additional fee for each multiple instrument
$10
Sat'Isfaction
No Fee
Add'l Subse Instrument Index Ref.
$25 each
UCC (IFWture Flifin
1 to 2 pa
$38
3 to 10 pa
$45
Each additional pa over 10 pa
$2
Mon-Standard Document Fee G.S. 161 -1 4B
$25 additional recordin fee
Condo & Subdivilsilon Plats:
First Pa
$21
Each additional pa
$21
Hi Ri Plats:
First Pa
$21
Each additional pa
$5
REAL ESTATE COPY FEES:
Instruments In General:
Uncertifled
$0.25 each pa
Certified:
First Pa
$5
Each additional pa
$2
Maps Uncertiffiled:
B-1/2 x 11
$0.25 each pa
11 x 17
$1 each pa
17 x 2P
$2 each pa
18 x 24
$3 each pa
24 x 36
$5 each pa
Maps Certified:
B-1 /2 x 11 First pa
$5
8-1 /2 x 11 Each additional pa
$2
Fee Schedule FY13 (11-13-2012) Pa 13
9-1-13
k rz
� | ]
� d
4d per $1,000
�p\ per \,0 $0
\,\$ per $ \.# #
$14 at ti me of search
� ~� «
�^ \$
HE
� ^ \$
Fee Schedule FYI 3 (11-13-2012) Page 14
9-1-14
- -------------------- N-e-w Hanover Count Fee Schedule
Fee Amount
Animal Services
Refer to Exhibit 3 of this document for the
-4.
of Count
Services to aduft adoptees (for researchin
$50/hour
adoptee's biolo famil
$1
Child Support Enforcement (as follows)
Non-Public Assistance applicant re CSE
$25 ($10 if applicant is "indi
Former CSE client reapplies for services after case
$25 ($10 if applicant is "Indi
closed
Recipient of Health Choice medical insurance
$25 ($10 if applicant is 'Indi
re CSE services
$1
Noncustodial parent applies for CSE services
$25 ($10 if applicant is mindi
Heafth Choice Enrollment Fee (covera for
$50 per child (not to exceed $100 per famil
uninsured low-income children)
$5
Propert Record Card
$0
8 1/2" x 1 "' aerial color map
$1
8 1/2 11 x 11 "" B&W map
$0.25
8 1/21hx 14" B&W map
$0.50
8 1/21ox 14" aerial color map
$1
11 J1x1 4" aerial color map
$1
36"x36" color map
$5
Greenbar printout
$5
CD's / Tapes etc.
$5
Mailin Labels
$5 per 1,000
Business License Cate and Rates: [NC G.S. 105]
Amusements -
$25 (Ridin devises - Outside cit limits onl
Animal Shows -
$25 per da
Automotive Service Station -
$12.50
Auto Items Miscellaneous Sales, Retail
$12-50
Auto - Miscellaneous Service & Repair
$12.50
Auto E and Supplies - Wholesale
$37-50
Auto Supplies / Sales b vehicle
$25 per vehicle
Bowlin Alle
$10 per alle (outside cit limb)
Beer - On promises
$25
Beer - Off premises
$5
Beer - On and Off promises
$25
Fee Schedule FY13 (11-13-2012) Pa 15
9-1-15
,New Hanover Count Fee Schedule FY1 2-13
171 '1.. rITM
Beer and Wine - On premises
$50
Beer and Wine -Off premises
$30
Beer and Wine - On and Off premises
$50
Beer on, Wine off premises
$50
Check Cashin
$100
Circus
$25 per da
Elevator Installation or Sales
$100
Emplo A
$100
Firearm Dealer
$50
Itinerant Merchant
$100
Jukebox
$5 per machine
Loan A
$100
Motorc Dealer
$12-50
Motor Vehicle Dealer
$25
Pawnbroker
$100
Peddler - On foot
$10
Peddler - B vehicle
$25 per vehicle
Peddler of Farm Products
$25
Pinball Machines / Similar Amusement
$25
Billiards and Pool Tables
$25 (Outside cit limits)
Shootin Galler
$25 (Outside cit limits)
Skatin Rink
$25 (Outside cit limits)
Specialt Market Operator
$200
Fire Sprinkler Installation
$100
Swimmin Pool
$25 (Outside cft limits)
Video Games
$5 per machine
Weapons - Sale of
$200
Wine - On premises
$25
Wine - Off premises
$25
Wine - On and Off premises
$25
Fee Schedule FY1 3 (111-13-2012) Pa 16
9-1-16
Health Department Fees
- - I - 11 -- 11-1 --
ENVIRONMENTAL HEALTH FEE SCHEDULE
Service
Fey
Soil Evaluation
$ 2 81.00
* plus $100 each additional
gWd4
Sewage System Construction Authorization (Type 1, II,
$ 280.00
Sewage System Construction Authorization (Type IV,
VI )
$ 832.00
* plus $100 each additional 500
gal/da
Sewn a Sy stem Permit Revision
$ 140.00
Sews a System Repair Permit
$ 50.00
Fisting System Inspection (Building addition or
p rivate pool)
$ 140.00
E m'sting System Ins ection (Reuse Purp oses)
$ 140.00
I
ssue or Re Construction Authorization
$ 140.00
Land Record Review
$ 100.00
lus $50 each additional hour
ell Permit (including site evaluation & bacteriological
analysis)
$ 200.00
W ater Samp - Bacteriolo ical
$ 140.00
T ater Sam le - Bacteriological - resanx le
$ 70.00
W ater Sample -Chemical
$ 140.00
W ater Sample — Chemical (multiple sample collection
'th threshold of20 or more same locale/same visit )
$ 105.00
F oo d Service Pi ■ Review:
Prototype Restaurants & Food Stands
Ton- prototype/Indep Restaurants, Food Stands,
& Mo Foo U nit s
Renovations/ Changes (d imension of food preparation
area, seating ca. act or add of room
$ 250.00
$ 250.00
NCDENR —Division of EH
Approval Letter
Tem om Food Establishment Permit
$ 75.00
each relocation
Seafood Market Permit
$ 100.00
Seafood Vehicle Permit
$ 50.00
Swimming Pool - Operation permit
$ 200.00
*�
Swimming Pool - Plan Review (nevi facility
nstruction)
$ 250.00
Tattoo Artist and/or Body Piercing Permit per location,
a ent due 30 days p n i or to p ennit expiration
$ 200.00
attoo Artist and/or Body Piercing Permit per location,
aid less than 3 0 days prior to or after permit
x iration. $
300.00
attoo Artist and/or Body Piercing Secondary Permit at
ternate location $
125.00''
M orary Tattoo Artist an d/or Body Piercing permit $
100.00
""operate 2 weeks or less
P 11-1 ''Taft
Exhibit 1
9 -1 -17
Health D F
. . . . . . . . . . . . . . . . . .
Exhibit 1 2
9 -1 -18
Health Department Fees
1-00.1 W43 a I OF
Upon notification in writin of the third violation of the Act to Prohibit Smokin 'in
Certain Public Places and Certain Places of Emplo in accordance with G.S. 130A-
4
22 (M), the NHCHD shall impose an administrative penalt of $200.00 on the person
4 .
who mana operates, or controls the business 'in violation.
The person who mana operates, or controls the business has the ri to appeal this
decision to the local board of health. To pursue a formal appeal, a written notice of an
appeal must be submitted to the local health director within 30 da of notification of thcT
third violation. The notice of appeal must be filed in accordance with G.S. 130A-
0-4 A cop of G.S.130A-24 g overnin g the appeal procedures shall be provided.
Subse violations of the law are considered separate and distinct violations of the
law; and tile person who mana operates, or controls the business in violation is
subject to an administrative penalt of not more than two hundred dollars ($200). Each
da on which a violation of this law or rule occurs ma be considered a separate and
d(-ct violatiOT.
Pa for Smoke Free Restaurant Fines shall be made with 'in 30 da of the date of
notice unless an appeal has been filed. For appealed fmes, pa shall be made within
30 da of the appeal decision.
Exhibit 1 3
9-1-19
Health Department Fees
Safe Kids Cape Fear Child Passen Safet Seat Pro
;�,afe Kids Cape Fear Child Passen Safet Seat Pro operates under the Safe Kids Buckle-
Up Pro with the primar g oal to educate and instruct families on the proper
use/installation of child restraints.
kfoymm R M.111ro r-IM-T-W T r Oh-11470"11M
Be a New Hanover Count resident
Be on at least one t of assistance (Medicaid, WIC, Health Choice, Work First,
Food Stamps) and show proof of assistance
Pre-re for class no later than two weeks prior to scheduled class
Pa cash at the time of registration.
Foster parents are not eli for child passen safet seats. Grandparents and/or famil
members who have temporar custod of another famil member's child are not eli as
the fall under the cate ■ of foster parent.
=_ q 70M PIT M_ Im S M= MM1 T*OY M271ft;
Pro rates which include child passen safet education and hands-on installation
teachin methods are based upon the followin scale:
9 $30.00— Harness seat (Convertible or Combination seats'
Hi Back Booster seat
* $10.00 — Backless Booster seat
To q ualif y for an additional or second (2 nd) child passen safet seat (car seat), customers
must meet the g uidelines noted above and one of the followin
• Child must have out safet standards of current car seat.
• Be an Initial seat for an additional child in the famil such as in the event of twins.
Pro rates for a second (2nd) child passen safet seat which include child passen
h -afet education and hands-on installation teachin methods are based upon the followin
4 -cale:
1
A $50-00 — Harness seat (Convertible or Combination seats)
Hi Back Booster seat
* $15.00 — Backless Booster seat
Exhibit 1 4
9-1-20
Health Department Fees -- ------- -
Pro fees are due and pa at the time of pre-re for the class. Failure to cance'
or reschedule within two (2) weeks of scheduled class date will result in forfeiture of pro
fee.
Durin Safe Kids Cape Fear Child Passen Safet Seat Pro special events., car seats will Ira
provided based on availabilit in the event a child's current car seat fails safet standards. The
car seat will be provided at no char from supplies donated b the Statef
Exhibit 1 5
9-1-21
Health Department Fees
Exhibit 1
9-1-22
CPT / I
Medicaid
NHCHD
Clinic Service
Codes CPT I Medicaid Descriptl ti on
Fees
Now Patient:
99201 New Pt Level I - Minimal
$63.00
99202 New Pt. Level 11 - Problem Focus
$94.00
99203 New Pt Level III - Expanded
$133-00
99204 New Pt Level IV - Detailed
$195.00
99205 New Pt Level V - Comprehensive
$245.00
99381 New RlWell Exam <1 Year
$120.00
99381 EP New Pt/Health Check <1 Year
$120.00
99382 New Pt/Well Exam 1-4 Years
$130.00
99382EP New Pt/Health Check 1-4 Years
$130-00
99383 New Pt/Well Exam 5-11 Years
$154.00
99383EP New RtHealth Check 5-11 Years
$154.00
99384 New Pt/Well Exam 1 2 -1 7 Years
$169-00
99384EP New Pt./Health Check 12-17 Years
$169.00
99384FP New Pt./Farnil Plannin 12-17 Years
$169-00
99385 New Pt/Well Exam 18-39 Years
$167.00
99385EP New RtHealth Check 18-20 Years
$167.00
99385FP New Pt/Famil Planning 18-39 Years
$167.00
1$199.00
99386 New Pt/Well Exam 40-64 Years
99386FP New Pt/Famil Plannin 40-64 Years
$199.00
99387 New WWI Exam > 65 Years
$215.00
Established Patient:
99211 Est Pt Level I - Minimal
$35.00
99212 Est Pt Level 11 - Problem Focus
$57.00
99213 Est Pt Level III - Expanded
$79.00
99214 Est Pt Level IV - Detailed
$123.00
99215 Est Pt Level V - Comprehensive
$183-00
99391 Est PtNVell Exam <1 Year
$91.00
99391 EP Est Pt/Health Check <1 Year
$91.00
99392 Est RlWell Exam 1-4 Years
$101.00
99392EP Est PtIHealth Check 1-4 Years
$101.00
99393 Est Pt/Well Exam 5-11 Years
1$126.00
Exhibit 1
9-1-22
Health Department Fees
9-1-23
99393EP Est Pt/Health Check 5-11 Year's
$126.00
99394 Est Pt/Well Exam 12-17 Years
$146.001
99394E Est PYHealth Check 12-17 Years
$146.00
99394FP Est Pt/Famil Plannin 12-17 Years
$146.00
99395 Est NANO Exam 18-39 Years
$142.00
98385EP Est Pt/Health Check 18-20 Years
.$142.00
98385FP Est Pt/Famil Plannin 18-39 Years
$142.00
Clinic I Service
CPT /
Medicaid
Codes CPT I Medicaid Description
NHCHD
Fees
99396 Est PUWell Exam 40 - 64 Years
$158.00
99396FP Est Pt/Famil Planning 40-64 Years
$158.00
99397 Est PtANell Exam > 65 Years
$176-00
Counseling:
90801 Ps Dia Interview Exam
$180.00
90802 INTAC Ps y Dx Interview
$190.00
90804 Psbc, Office 20-30 min
$75.00
90806 Ps Office 45-50 min
$115.00
90808 Ps Office 75-80 min
$175.00
90810 1 ntac Ps Off-ice 20-30 min
$90.00
90812 1 ntac Ps Office 45-50 min
$125.00
90814 Intac Psytx, Office 75-80 min
$180-00
90846 Famil Ps y tx w/o patient
$115. o
90847 Famil Ps y tx w/ patient
$140.00
90853 Group Ps
$40.00
99401 Prev Medical Counselin - 15 Min
$40.00
99402 Prey Medical Counseling - 30 Min
$76-00
99403 Prev Medical Counselin 45 Min
$113.00
99404 Prev Medical Counselin 60 Min
$144.00
99411 Group_ Counselin - 30 Min
$39-00
99412 Group Counselin - 60 Min
$68.00
99420 Ad min & Interpretation Health Risk
$33.00
99429 Unlisted Preventive Medicine Service
$0.00
99361 Medical Conference (30 min)
$73.00
99362 Medical Conference (60 min)
$120.00
Other:
J1055 DepoProvera I njection
$54.00
J7302FP Mirena (IUD)
$575.00
J7300FP Para and (IUD)
$575.00
59442 Childbirth Education Classes ( per 1 hr. unit )
$10.75
T1001 Maternal Care Skilled Nurse Home Visit
$88-00
T1 002 STD Control Treatment
r%n
$1 % AW
I
T1 JTB Control Treatment
$19.501
Exhibit 1 7
9-1-23
Health Department Fees
— - - ------------------------------------ - - - - - - - ---------------- ---- ------ ---------- ---
11975 Insert Nor plant
1 $105- 001
11976 Remove Nor last
$197.
11 977 Remove/Reinsert Nor la nt
$205.
Injection (s) single or multiple trigger point(s), 1 or
20552 muscles
$SO.
45900 Destroy Ana I Lesion (s)
$240-
54050 Destruction/Lesion /Cond loma
$1
56501 Destroy Vulva Lesions
$150.
CI in is I service
CPT /
Medicaid
Codes CPT / Medicaid Description
NHCHD
Fe
67170 Diaphragm Fitting
$110.
57452 Col osco /o Biopsy
$150-
57454 Co I osco py w/Biopsy
$220.
57505 Endocervical curettage
$125.
57456 Colpoiscopy wlendocervical curettage
$200.
53300 IUD Insertion
$130-
53301 IUD Removal
$150.
71010 * Chest -Ra y/PA
$40.
71 020 * Chest -Ra y/PA & Lat
$70.
71021 * Chest -Ra /Lordotic
$50.
86580 * TB I ntradermal Test
$15.
86580P *TB I ntradermal Test/PrivatePay
$15.
92551 Pure Tone Audiornetry, air
$30.
92587 oAE Hearing Screening
$70.
96110 Developmental Test/ Limited
$33.
96152 Intensive Psychosocial Counseling
$30.
99172 Vision acuity Screening — Color
$30.
99173 Vision Acuity Screening
$30.
99501 Postpartum Assessment Home Visit
$60.
99502 E P Newborn EPSDT Screen Home Visit
$90.
99502 Newborn Assessment Horne Visit
$60.
III M ADMIN CODES:
90470 *H1 N1 Flu Admin Fee
$24.
90471 *I III M Administration Single Dose
$24.
90471 EP IMM Administration Single Dose Health Check
$24.
90472 *IM M Administration- Each Additional I ni .
$24.
90472
EP IMM Administration -- Each Additional In'. HC
$24.
90473 *Imm Aden Feellntranasalloral
$24.
90473EP Imm Adm Fee /Intranesal /Orel Health Check
$24.
90474 Irvin Adm Fee/In' + Intranasal /Oral
$24.
90474EP Imm Adm Fee /In' + Intranasal /Oral Health Check
$24
Exhibit 1
9-1-24
Health Department Fees
0008
Med icare Administrati F ( FLU)
I Med icare
$24.
G0009
Ad Fee Pneu
$24.
G9141
Medicare Administration Fee (H1 N1)
$24.
V A C CI N E CODES: 90281
'Immune Globulin
$30.
90833
* HEP A Pediatric I Adolescent
$42.
90636
* HEP A!E Combination Vaccine
$120.
907
Ped vas H i b
$42.
90648
Hiber ACT Hib /OMHI Hib State
$0.
90649
* ardasiI
$165.
CPT I
Medicaid
NH
Clinic I Service Codes
CPT I Medicaid Deacri tin
Fe
90654
Flu/Intradermal /Preservative Free Ne '13 -64
$16.
90856
Flu (Age 6 -35 mos.)/ Preservative Free
$16.
90656
*Fl ( Age 3 yrs + Preservative Free
$16.
90653
* Flu (Age 6 mos. +
$16.
Q2037
Flu Vaccine /Medicare - Fluvirin
$16.
02038
Flu Vaccine /Medicare - F I uzone
$16.
90660
*Flu Mist
$4.
1 $31. 00
90862
*Flu Vaccine - High Dose (Age 66+
90663
H 1 N 1 F I u Vaccine State
$o.
90665
* Lyme Disease vacci IM
$56.
90670
*Prevnar /P V -13
$130.
90676
* Rabies vaccine (Intramuscular)
$220.
90630
*Rotateg Vaccine
$30.
90691
*Typhoid Injectable
$60.
90696
*I end Dta , I P
$63.
90698
*Pentacel (Dtap, I PV, Hib
$90.
90700
DTa
$40.
90702
DT Mate
$0.
90707
* M M R virus vaccine S Cf j et
$70.
90713
*Poliom el itis vaccine SC
$40.
90714
Td Mate )
$0.
90715
*'Tda Tetanus, diphtheria, ertussis vaccine
$50.
90716
* Chicken Pay aricella
$105-
90717
*Yellow Fever
$110.
90723
*Pediarixc (Dtap, Hep B, IP
$66.
90732
* Pnueumococcel vaccine
$64.
90733
* Menorn une Vaccine
$125.
90734
* Menectra Vaccine
$125.
90733
*Jap Encephalitis
1$225-
IY ,. ,> , , ,• , ,� , -.tie _ ,
Exhibit 1
9-1-25
r
ealth Department Fees
90736
*Zostavax
$175.00
1$40.00
90744
Hep B/Pediatric (A < 11 y rs)
90745
He B/Pediatric Hi Risk (A 11-18)
$0.00
90746
*He p B/A 19+
$75.00
95115
* Immunotherap one u injection
$5.00
95117
* Immunotherap injections
$10-00
96372
* Injection (SC) / (IM)
$5.00
CPT I
Medicaid
NHCHD
Clinic/ Service Codes
CPT I Medicaid Description
Fees
House Labs: 36415 _Venipuncture
$14.00
36416
Fin
$14.00
80048
Basic Metabolic Panel
$15.00
80051
Electrolite Panel
$15.00
80053
Comp Metabolic Panel
$15.00
80061
Li id Panel
$25.00
80o6
Renal Panel
$20.00
80076
Hepatic Panel
$15.00
80188
Primidone (M
$48.00
81001
Urinal auto, w1microscopic
$12,00
81003
Urinal auto, without microscopic
$8,00
81025
Urine Pre Test
$11.00
82040
Albumin
$15-00
82120
Amines- Wet Mount
$10.00
82150
AmAase
$16-00
82247
Bilirubin, Total
$15.00
82248
Billirubin, Direct
$15.00
82270
Test Feces Blood (Occult Bid)
$10-00
82465
Cholesterol
$15-00
82550
CK (Creatinine kinase — CK or CP
$20.00
82553
CKMB (Creatinine kinase — fraction onl
$20.00
82565
Greatinine
$15.00
82728
Ferritin
$25.00
82746
Folic Acid
$25.00
82947
Glucose, q uantRative
$15.00
82948
Glucose, q uantitative, blood, rea strip
$20.00_
83036
Hemo Al
$20.00-
Pi WIL ,
romalm
10
9-1-26
Health Department Fees
9-1-27
83540 Iron
ITIBC
$15.00
83550 ( Iron Bindin Cap
$15.001
83615 LDH (Lactate deh enz
$15.00
83718 HDL ( Hi g h densit lipoprotein
$15.00
84075 Alkaline Phosphatase
$16.00
84132 Potassium
$15.00
84152 PA
$35-00
84175 Protein, Total
$15.00
84436 T4, Total
$15.00
84439 T4, F ree
$20.00
84443 TSH
$30.00
84450 SGOTAST
$15.00
CPT /
INHCHD
Medicaid
Clinic I Service
Codes CPT I Medicaid Description
Fees
84460 SGPT /ALT
$15.00
84478 Triglycerldlew.
$15.00
84480 T31 Total
$25.00
84520 BUN
$15.00
84703 Serum Pregnanc Test
$20.00_
85025 C C with Riff
$15-00
85027 CB C without Riff
$13.00
85018 Hemo
$10.00
85651 RBC SED Rate, Non-auto
$15.00
86308 Mono Test
$15.00
86592 S antibod q ualitative
$18-00
86593 S antibody, quantitative
$15.00
86803 Hepatitis C Antibod
$25.00
87070 Culture ( includin g throat, GC, wound)
$15.00
87081 Culture, GC, screening only (FP)
$20.00
87086 Urine Culture, platin and colon count
$15.00_
87186 Susoeptibilit Studies
NC
87210 Wet Smear
$15.00
87205 Gram Stain
$15.00
87880 Strep A Fla id
$40.00
Referred Labs:
80048 90 Basic Metabolic Panel
NCIHF
80051 Electro I ite Panel
NC/HF
80063 90 Comp Metabolic Panel
NC/HF
80061 90 Li id Panel
NC/HF
80069 90 Renal Panel
NC/H
80076 90 Hepatic Plan
NC/HF
Exhibit 1
9-1-27
M 9L
IIM4� R
80156 90 Carbamazepine
NC/HF
801 64 90 Valproic Acid
NG/HF
80168 90 Ethosoximide
NC/HF
80184 90 Phenobarbital
NC/HF
80185 90 Phenytoin
NC/HF
80188 90 Primidone ( M y soline )
NC/HF
82040 90 Albumin
NCIHF
82150 90 Amylase
NC/HF
82247 90 Billirubin, Total
NC/HF
82248 90 Billirubin, Direct
NC/HF
82465 90 Cholesterol
NC/HF
82650 90 CK ( Creatinine kinase — CK or DPI
NC/HF
82553 90 CKMB (Creatinine kinase, fraction onl
NC/HF
CPT /
Medicaid
NHCHD
Clinic Service Codes CPT / Medicaid Description
Fees
82565 90 Creatinine
NC/HF
82728 90 Ferrkin
NClHF
82746 90 Folic Acid
NC/H F
82760 90 Galactose ( Newborn )
NC
82947 90 Glucose, quantitative
NC/HF
83020 90 Hemo Electrophorsis
NC
83036 90 Hemo A C
NC/HF
83498 90 17-OH-P (Newborn)
NC
83540 90 Iron
NC/HF
83550 90 TIBC (Iron Bindin Cap
NC/HF_
83616 9O.LDH (Lactate deh enz
NC/HF
83655 90 Blood Lead ( State Lab
NC
8371 90 HDL (Hi Densit y Upoprotein
NC/HF
84030 90 Blood PKU
NC/NC
84075 90 Alkaline Phosphate
NC/HF
84132 90 Potassium
NC/HF
84152 90 PA
NC/HF
84175 90 Protein, Total
NC/HF
84436 90 T41 Total
NC/HF_
84437 90 Total Th (Newborn)
NC
84439 90 T4, Free
NC/HF
84443 90 TSH
NC/HF
84450 90 ADT/SGOT
NClHF
84460 90 ALT/SGPT
NCIH
84478 90 Tri
-� M-moffilam
WHO
NCIHF
AMC
110brimpt
Exhibit 1
1
12
9-1-28
8448090 1 1-3, Total
NC/HF 1
84520 90 BUN
NC
84703 90 Serum Pre Test
NC/HF_
85651 SED Rate, ER
NC/HF
86308 90 Mono Test
NC/HF
86618 90 L Disease Antibod
NC
86666 90 Ehrlich is Antibod
NC
86701 HIV
NC
86709 90 FIEF A IGNI (Antibod
NC
86735 90 Mumps, qualitative
NC
86757 90 Rickettsia Antibod (Rock Mt Spotted Fever
NC
86781 90 Treponerna pallidum confirm, serum
NC
86803 90 Hepatitis C Antibod
NC/HF
87045 90 Stool Culture
CPT /
Medicaid
Clinic Service Codes CPT I Medicaid Description
NHCHD
Fees
87077 90 Nose, throat, bacteria culture
NC/HF
87116 90 TB Culture
NC
87118 90 M identification
NC
87177 90 Ova & Parasites Smears
NC
87206 90 TB Smear
NC
87252 90 Herpes Culture
NC
87285 90 Treponerna pallidum, culture
NC
87340 90 HEP B Surface a
NC
87491 Ch lam y dia, NAAT
NC
87591 90 Gonorrhea, NAAT
NC
88175 90 Pap Smear
16.75
99000 Handling Fee One per visit)
18.00
Initial Assessment Med Nutrition Therap
Nutrition/Diabetes Self-mana 97802 (Per 15 min)
$35.00
Re-Assessment Med Nutrition Therap
97803 (per 15 min)
$30.00
97804 Medical Nutrition Thepp Group, per 30 min
$20.00
0108 Diabetes Self-mana Individual, per 30 min
$55-00
G01 09 Diabetes Self-mana Group, per 30 min
$25.00
Additional Medical Nutrition Therap Ph Order,
G0270 per 15 min
$35.00
Additional Medical Nutrition Therap Group, Ph
G0271 Order, per 30 min
$20.00
Diabetes Self-mana Re Dietitian
S9465 Visit, No Time/Unit
P.
Exhibit 1
$40.00
13
9-1-29
Health Dep artment Fees
HF= Add Handling Fee
N= No Charge
N /HF = No Charge Lab /Add Handling Fee
State Vaccines — Enter with CPT as "Reportable"
* Flat Rate Charged — Sliding fee scale does not apply these services.
Exhibit 1 14
9 -1 -30
9470
Nutrition Counseling RD Visit, No time/Unit
$40.
W alk-in Pregnancy Testing
99211
Est Ft Level I — Minimal Flat Fee add test code
$35.
81025
Urine Pregnancy Test Flat Fee
$11.
Travel Medications:
LU401
Malaronel eneric Formula — Adult $5.00 per ill
$5.
LU401
Malarone /Generic Formulary — Pediatric ($2.00 per
ill )
$2.
Miscellaneous:
* Returned Check Fee
$25.
99071
Provision of Patient Supplies & Education
NI
PH Suppiemental Fees:
LU401
M iconazole /Generic Formulary — f$8,00 per tube
$3.
LU401
Fluconazole /Generic Formulary 150 mg ($2.00 per
ill )
$2.
LU 35
Replacement oral Contraceptive $10.00 per c cle
10.
LU401
Replacement Diaphragm $10.00 each
$10.
LU401
*Uelfen Foam or Generic Formula (per tubelbottle
$12.
LU401
*Fluconazole or Generic Formulary 150 m (per ill
$2.
LU401
* Prenatal Vitamins or Generic Formula each
$12-
Clinic l Service
CPT /
Medicaid
codes
CPT l Medicaid Description
NHCHD
Fe
NHC Employees /Available
Medications
LU401
* Mico nazo le or Generic Formula (per tube)
$8.
LU401
* Norin I 1+35 or Generic Formula er cycle)
$10.
LU401
* Recli sere or Generic Formula (per cycle)
$10.
LU401
* Ortho-Novum 7 -7 -7 or Generic Formulary (per
c cle )
$10.
LU401
* Ortho Tric Glen or Generic Formula (per cycle)
$10.
LU401
* Ortho Tricyclen Lo or Generic Formulary (per
cycle)
$10.
LU401
* Lo -Ovral or Generic Formula (per cycle)
$10.
LU401
* Micronor or Generic Formula (per cycle)
$10.
LU401
Nicro estin FE or Generic Formulary (per cycle)
10.
LU401
*Rep lacernent Diaphragm ($10.00 each )
$10.
HF= Add Handling Fee
N= No Charge
N /HF = No Charge Lab /Add Handling Fee
State Vaccines — Enter with CPT as "Reportable"
* Flat Rate Charged — Sliding fee scale does not apply these services.
Exhibit 1 14
9 -1 -30
Health Department Fees
;Itate-Approved Local Code.-Q,
Revised
Local Code
Description
NHCHD Fee
LU001
Lab specimen obtained for flu of newborn screening
NC
LU002
Lice Treatment (e.g., Nix)*
Future Use
L U003
Suture removal without anesthesia
Future Use
LU008
Infant Feeding Class
Future Use
LU009
AHA Heart Saver Class
Future Use
LU01 o
AHA Health Care Providers CPR
Future Use
LU o 11
Health Promotion /Prevention Package for Industry, civic
rou ps, etc.
Future Use
LUO12
Smoking Cessation Program
Future Use
LU018
Olucometer Calibration
NC
LU016
Structured Exercise Pro rare
Future Use
LU017
Completion of Disabilit y Verification/Disability Leave Form
NC
LU018
Copy of Medical Record
$5.08
LU019
Education and Outreach to Latino Population
NC
LU0 0
Menu Planning (development/review for compliance with
standards for schools _ day _ cares, nursing homes, etc.
NC
LU0 1
Completion of form verifying exam (not at time of exam or
other billable service
NC
LUO22
Immunization Status Review for WIC; no vaccines needed
NC
LUO23
Diabetic Teaching
NC
LUO24
Determination of Presumptive Eligibility
NC
LUO27
"Consent to Receive School Health Services" filed (for use by
SBHCs onl
Future Use
LU0 8
Physical Exam Performed by non ^LH D Provider (for use by
BHCs onl
Future Use
LU 100
HIV Pre -Test Counseling and Testing RE PORT ONLY)
NC
LU 101
HIV Post -Test Results and Counseling REPORT ONLY
NC
LU 102
Completion of "Record of Tuberculosis Screening " - DHHS 3405
$15.08
LU114
PPD with State- vaccine (REPORT ONLY)
N
LU11 5
Contraceptive Patch Replacement
Future Use
LU116
NuvaRing Replacement
Future Use
LU117
PPD, Positive Result - Contact REPORT ONLY)
NC
LU118
PPD, Negative Result - Contact REPORT ONLY)
NC
LU119
PPD, Positive Result - Low Risk REPORT ONLY)
NC
LU1 2 0
PPD, Negative Result - Low Risk REPORT ONLY)
NC
LU1 2 1
TB Directly Observed Thera DOT
NC
LU122
TB Directly Observed Preventive Thera DOPT)
NC
LU128
PPD, Not Read - Contact REPORT ONLY)
NC
LU124
PPD, Not Read -- Low Risk REPORT ONLY)
NC
LU1 25
PPD Reading /Placed Elsewhere (riot a contact or suspect TB
case
$1 5.08
LU201
Repeat Pap §jrnear REPORT ONLY)
NC
LU202
Limited Interview: International Travel
$35.08
LU203
Limited Physical: Employment **
$35.08
LU204
Limited Physical: DOT
Future Use
LU205
Limited Physical: Dare Challenge
Future Use
LU206
Limited Physical: Da Care **
$35.08
LU207
Limited Physical: Head tort"
$65.08
9 -1 -31
Health De Fees . ..... ........... .
11-1-1-1111 ........... ------------------ 11.11.11.�������������11-11-11-11-11-11-1 ........................
LU208
Limited Physical: Sports"
$35-00
LU 10
Limited Physical: Camp"
$35-00
LU211
Limited Physical: Scouts"
$35.00
LU212
Limited Physical: College"
$65.00
LU213
Limited Physical: Respirator
Future Use
LU215
Limited Physical: DSS
Future Use
LU216
Limited Physical: County Employee
Future Use
LU217
Limited Physical: Senior Companion
Future Use
LU 18
Limited Physical: DOC
Future Use
LU219
Limited Physical: US Forest Service
Future Use
LU230
Blood Pressure Check*
NC
LU231
Pap Smear and Breast Assessment only ** (for non -BCCCP
eligibles per a a or income
NC
LU2 2
TestfL Resu Its on ly vis it REPORT ON L
NC
LU2 3
Condom Provision and counseling (REPORT ONLY)
NC
LU2 4
Sterilization Counseling REPORT ONLY)
NC
LU2 5
Pill Replacement REPORT ONLY
10.0
LU236
Pill Pick-up REPORT ONLY
NC
LU237
Ion- billable Social Worker contact REPORT ONLn
NC
LU238
Non - billable Health Education contact REPORT ONLY
NC
LU239
Non - billable Nutritionist contact REPORT ONLY)
NC
LU240
Non - billable TB LPN Contact REPORT ONLY)
NC
LU241
Non - billable Child Health Nurse Contact REPORT ONLY
NC
LLl4
Non - billable STD Contact REPORT ONLY
NC
LU 43
Non - billable Communicable Dx Contact REPORT ONLY)
NC
LU44
Non - billable Interpreter Service (REPORT ONLY)
NC
LU 45
Clinical Dental varnish for 3 -6 year olds
Future Use
LU 46
Tu bal Li ation Counseling /obtain consent
NC
LU 47
Non - Billable MH Nurse Contact REPORT ONLY)
NC
LU248
Health Education Presentation (Non-County Organization)
Future Use
LU 49
Breast Assessment only for non -BCCCP eligibles
Future Use
LU250
Pap Smear only for non -BCCCP eligibles
Future Use
LU251
Pelvic on ly for non -BCCCP eligibles
Future Use
LU252
Wellness Only — UA, EKG, Vital Signs, +I Executive Lab, Nurse
Visit + Vision and Hearing if requested
Future Use
LU253
fellness Physical — Breast Check, Pap Smear, UA, HC B,
Occult Blood, Physical by NP
Future Use
LU254
fellness & Physical — all components of LU b2 & LU 53
Future Use
LU255
fellness & Physical — exam from waist up by NP, Vital Signs,
1lision and Headng if requested, no labs
Future Use
LU256
Non-billable miscellaneous nurse i njection
Future Use
LU 57
Non-billable Adult blood draw
Future Use
LU258
Weight Check
Future Use
LU259
"Not at Home" Visit
HIS Use
LU262
PPD Positive Result — High Risk
NC
LU263
PPD N ative Result — High Risk
NC
LU264
PPD Not Read — High Risk
NC
LU265
Treatment of LBTI — Initiated — High Risk
NC
LU266
Treatment of LBTI — Initiated — Low Risk
NC
LU267
Treatment of LBTI — Initiated — Contact
NC
LU268
Treatment of LBTI — Completed — High Risk
NC
LU269
Treatment of LBTI — Completed — Lour Risk
NC
LU270
Treatment of LBTI — Completed — Contact
NC
LU271
Treatment of LBTI — I — High Risk
NC
Exhibit 1
W
9 -1 -32
Health Department Fees ' 111�11' ;;I!, *
..... ....... ...........
LU272
Treatment of LBTI — Incomplete — Love Risk
NC
LU273
Treatment of LBTI — Incomplete —Contact
NC
LU274
PPD — contact
NC
LU400
Miscellaneous Services
$1.00
LU401
Miscellaneous Medications
$2.00
LU402
Medicaid Co-pay Effective Nov. 1, 2010
$3.00
LU403
Private Co-pay
Future Use
*Note: If components of an office visit are done, then this service should be billed using the approp
level of E & M code (e.g. 99211). Yhese local codes would not be billable to the patient an addition to the
E & M code.
"Note: If any exam of this type is billed to Medicaid or ether third party using a CPT or HCPCS code,
then ALL exams of this type must be billed using that code and the local codes may not be used to
differentiate fees for the same service billed to patients as opposed to thirdpartypayors.
Exhibit 1 17
9 -1 -33
NEW HANOVER COUNTY DEVELOPMENT FEE SCHEDULE
""Administrative Fees"'
A- Plan Review Fees.- are assessed and paid at project submittal & when submittin revised drawin
These fees are non refundable.
Residential Plan Review: (Per dwellin unit)
Note: Residential plan review fees are applied to the cost of the permit
2- Commercial Plan Review: Up tp 4000
■001 — 15000
15001 — 40,000 s
Over 40,000
It
t e-review Disapproved Plans.- (Paid at submittal)
Note: To re-review & re-stamp and/or burn to CID for
lost previousl approved plans
I
,,- Re-review of incomplete or failed landscape plans:
$35-00
I I
"'35-00 per trade
T
�50.00 per plan s0
Commercial Fast Track Applications: Use Comm New Const - Sched A table x 1.25
Note: $100 min over re permit fee
C- Commercial Shell Applications: Use Comm New Const - Sched A table x .91
1- Upfit Applications: Use Comm New Const - Sched A table x .75
Note: Upfit applications will onl be accepted if the Shell Bld "'or" portion of the Shell Bld y ou
want to Upfit has received a Certcate of Compliance.
Contractor Changes / Takeover Permits: (Permit must not be expired) Resid = $35.00*
Note: If permit is expired a new permit is re at the normal fee. Comm = $45.00*
G- Inspection Fees: Resid = $25.00
Note: Because some inspections can exceed 1 hr, additional inspection Comm = $45.00
fees will be assessed when exceedin each 1 hr time se
X41110-11W.4
9-1-36
_;ET1`hA01aTSR-W111TY DEVELOPMENT FEE SCHEDUB
Administrative Fees" Cont.
$1000.00 per e
unit/srvic-
,1 - Prior Cut-On Bonds: I
Note: Prior Bonds are forfeited if the bun is occupied prior to $5000.00 Unlimited
issuance of a Cert of Occup b NHC Development Services. I
11C =M1111111111111TWI =--
J- Outstandin Char All outstandin char or fees due must be settled prior to receivin
an additional services and/or a certificate of occupanc
K- After Hour Inspections "'Weekends Holida $120.00 per trade (2 hrs max-)
Note: Each additional hour $60.00 ea.
L- Facilit Licensin Permit: $0.00*
M- Document Research Control — Copies of Records: $0. 10 per pa
Note: Upon review if research is determined "substantial
a fee to hire temporar help will be calculated & paid prior to research.
=0 - 4=63M WIM
193W.13 I Kell IT43 LTA M 2-TNIOM
Fo 1717i mot OITUIAFT� MI. 4 nll I
MM
pliq � r
S- Workin without Permit:
1- Startin W/O Permit -
2- Startin substantiall completin W/O Permit -
3- Startin and/or substantiall completin W/O Perm
Note: (2 "d offense & each offense thereafter). I
$6.00
$35.00*
;100.00
$100-00 1' da
$300.002 nd day
$500.003 Id da & ea da after
T- Shell Initial Permit Fee: When a Shell Buildin is constructed for a specific occupanc t the permill
fee char will be for that occupanc t If the occupanc t chan upon submittal of the Upfil
permit and the permit fee is hi for the new occupanc t then the new occupanc t permil
fee will be applied to the Shell fee and the difference will be char with the new Upfit permit.
WA MO I 1 0-11 W
2
9-1-37
4EW HANOVER COUNTY DEVELOPMENT FEE SCHEDULE
ommercial Existin Construction"
Total Cost for Project = Permit Fees + Inspection Fees*
A- Permit Fees for "'Major"' Alter, Renov and/or Gen Repairs are based on the followin computations.
Note: S foota shall include all foota under roof both heated & unheated within and affected
b the defined scope of work.
a= Total g ross building floor area of construction b= Fee per sq. ft. (table below)
0-5000 s ft. a x b = Permit fee
5,001 - 15000 s ft. (a x
■ x.75) + (1250 x b) x.5 = Permit fee
#ver IS,000 s ft.
(a x b x.SO) + (5000 x b) x.5 = Permit Fee
Occu Pa ncy T Pe
y
Build'
inK
Electrical
PlumbinEr
Heatin
Air!Cond
Refria
Residential*
0.109
0.061
0.061
0.022
0.022
0.024
Stora
0.050
0.039
0.030
0.025
0.025
0.024
Assembl
0.108
0.057
0.057
0.025
0.025
0.024
Institutional*
0.182
0.099
0.099
0.050
0.050
0.025
Business*
0.100
0.068
0.068
0.032
0.032
0.024
Mercantile*
0.084
0.049
0.049
0.022
0.022
0.024
Hazardous*
0.060
0.028
0.032
0.022
0.022
0.024
Fact/Industrial*
0.060
0.032
0.032
0.022
0.022
0.025
Educational*
0.123
0.069
0.069
0.032
0.032
0.025
B- Plb Mech & Elect "partial or complete" s replace/install: Use Sched A above (Min $45.00)
(Inciudes Boilers, Chillers & Water coolin Towers)
Note: Use total s foota of area(s) served b the system for calculation table above
For "minimal" repair to existin s $45.00*
C- Plb Mech & Elect Minor ""Component" replacement/chan $O.GO*
Noteb. For minor" change outs in multi-family occupancies
inspection fees will be char residential rate: $251A
Mobile Bld / Construction Trailers: $45.00ii
Bld Relocation: $45.00*;"
Note: Includes new foundation & sin point existin utilit hookup:
For an additional construction work use Schedule A above
A
n
I
1emolition:
Note: Re to completel demolish a bld If doin "minor' demo work
"'durin renovation," of a structure it's included in the renov permit's scope of work
Prior Cut-On: $1000 Bond re per service
$35.00* per trade, per service
Note: Prior permit & inspection re for ea. trade
not alread havin a final inspection approval.
Commercial Chan of Use: Note: Chan of Use Onl � No Work
$25.00*
Commercial Occupanc Certification:
Note: Re Bld & Elect permits
Minimunri Commercial Permit Fee:
$45.00*
Commercial Inspection Fee:
$45.00
Note: Maximum of I hr. inspection time per $45 char
1*4:11:31W
3
9-1-38
"Commercial New ConstruVion"'
Total Cost for Project = Permit Fees + Inspection Fees*
A- Permit Fees for Commercial New Construction are based on the followin computations.
Note: S Foota includes all foota under roof both heated & unheated.
a= Total g ross building floor area of construction b= Fee per s ft. (table below
0-5000 s ft. a x b = Permit fee
SoO01 - 15000 s ft. (a x b x .75) + (1250 x b) = Permit fee
Over 15,000 s ft. (a x b x .50) + (5000 x b) = Permit Fee
Occu T Bui lding Electrical Plumbi
Heatip Air Cond
L
Refr
i
Residential* 0.109 0.061 0.061
0.022 0.022
0.024
Stora 0.050 0.039 0.030
0.025 0.025
0.024
Assembl 0.108 0.057 0.057
0.025 0.025
0.024
Institutional* 0.182 0.099 0.099
0.050 0.050
0.025
Business* 0.100 0.068 0.068
0.032 0.032
0.024
Mercantile* 0.084 0.049 0.049
0.022 0.022
0.024
Hazardous* 0.060 0.028 0.032
0.022 0.022
0.024
Fact/industrial* 0.060 0.032 0.032
0.022 0.022
0.025
Educational* 0.123 0.069 0.069
0.032 0.032
0.025
13- Additions: (Rooms/porches attached to existin structure)
Use Schedule A above (Min $45.00)
C- Upfit - Bld Permit:
Use Schedule A above X.75
Upfit - Trade Permits:
Use Schedule A above*
Note: Must Submit Plans for Upfits
D- Shell - Bld Permit:
Use Sched u le A a bove X .90
Shell -Trade Permits.-
Use Schedule A above
E- Trade Permits other than listed above:
$45.00*
0e-. g as pi " " ■
pin work if complete s use Schedule A above, ventation hoods, tanks etc.)
F- Mobile Buildin
1- Construction Trailer
$45.00*
2- Sales Office
$100.00*
3- Modular Classrooms
$100.00*
Accessor Structures: (Includes decks, stora bid g azebos, pools, pool houses, etc...)
< 12 ft all dimensions - NHC Zonin Permit Re
$45.00*
>12 ft an dimension without trade work
>12 ft an dimension with trade work
$90.00*
H- Si foundations included - Bld Permit not re
I- Prior Cut-On: $1000 re per service
$35.00* per trade,, per
service
Note: Electrical & Mech-(If g as appliances) Prior Permits Re
J- Minimum Permit Fee:
$45.00*
K- Commercial Inspection Fee:
$45.00
Note: Maximum of I hr. inspection time per $45 char
9-1-39
N ft
EW HANOVER COUNTY DEVELOPMENT FEE SCHEDULi
"'Residential Existin Construction"
ffam
A - RESIDENTIAL EXISTING CONSTRUCTION: Sin Duplexes & Townhouses
"Ma Alterations - Renovations - General Repairs
Permit Fees are assessed in accordance with the followin scale.
Note: S Foota includes all foota under roof both heated & unheated.
T
Wo - Electrical, Mechanical or Plumbin "par-tial or complete" S Replacements.-
Up to 1400 s ft. $35.00*
> 1400 s ft. $35.00* + 3 cents per s ft. over 144,01
C - Elect, Mech.. Plb Component Replacement/Chan $0.00*
Note: Applicable onl when one piece of the "s is to be replaced.
"'Multiple" Electrical components under $250 for Resid & $400 for comm. j ob cost also q ualifies.
D - Mobile Home Replacement/Relocation:
Buildin Relocation: $35.00i�
Includes new foundation & sin hook-up of utilities
Note: If site served b CFPUA a Demo permit is re
F - Demolition: $35.00*
(Bld Permit Re - for structural work and/or if > $5000 total pr 'ect cos
%3 - Trade Permits: 01
Bld Elect & Temp Power Poles, Mech, Pl1b $35.00* min.
Note: For "'ma scopes of work use Sched A above
Zonin Permit $0.00*
- Prior Cut-On: (For Electrical Power Prior to CO) $35.00* per service
Electrical Prior Cut-On Permit + a $1000 Bond is re per service/residence or
$5000.00 bond for `d"' Priors.
I - Minimum Permit Fee ff 17071 Me
1- Residential Inspection Fee: (each inspection)
Note: A maximum of I hr inspection time per $25.00 char
W14:11
I I
I
9-1-40
4EW HANOVER COUNTY DEVELOPMENT FEE SCHEDULE
"'Residential New Construction"'
Total Cost for
® = Permit Fees + Inspection Fees*
A - RESIDENTiAL NEW CONSTRUCTION: Sin Duplexes & Townhouses, Modular & Mobile Homes
(includes attached g ara g es, panelized & non pre-wired etc. modular buildin components)
Permit Fees are assessed in accordance with the followin scale.
Note: S Foota includes all foota under roof both heated & unheated.
19
C - Modular Homes: Pre-wired, Pre-plumbed, Pre-finishelf-
M M_
E - Travel Trailer Park:
F — Detached Gara
G- Accessor Structures: (includes decks, stora bld gazebos, pools, pool houses, etc...)
< 12 ft. an dimension —Zonin permit re $0.00*
= to or > 12 ft. an dimension —without trade work $0.00*
= to or > 12 ft. an dimension —with trade work
H - Trade Permits: (purchased separatel from Sched A above)
Electrical,. Mechanical, Plumbin
Up to 1400 s ft. $35.00*
Over 1400 s ft. $45.00*
Zonin Permits: $0.00*
I - Prior Cut-On Permit: (For Electrical Power Prior to C
$1000 Bond is re per service/residence or
$5000.00 bond for "Unlimited" Priors. I
I q
Residential Inspection Fee: (each inspection)
Note: A maximum ■ 1 hr per $2S.00 inspection fee per tradc
1*1011:1111
6
9-1-41
Cats/do under 1 y ear of a I y ear re $10.00 $10.00
Cats/do I y ear of a or older I y ear re istration $10.00 $ 20.001'
91
Cats/do I y ear of a or older 3 y ear re $25-00 $ 5 0. 0 4,
An owner of a handicap helper do which is used for seein or hearin purposes and can show
proof of spa shall receive a license free of char
SPECLALLTY REGISTRATIONS
• of Cats/DoLys/Ferrets Registration Fee
05-10 $45.00
11-20 $70.00
21 — Over $100.00
T of Specialt Pet Licenses ( Fees above appl ■ each t
-An combination of do cats and ferrets
All must be neutered or spa
Good for one y ear ( renewable on date of purchase)
11 DI Z4 ZI DEM
Either do or cats (ma not be combined
Do not have to be neutered or spa
Good for one y ear ( renewable on date of purchase
Kennel must participate in three AKC or UKC sanctioned events peT (proof tobFII
shown or e for cats, or six in three y ears. I
�6* 111, P
IOLL
events per y ear ( proof whe�
No refund due to death or loss of ownership,
1:0414, WO 11 10
9-1-42
�j *WI DI a 101
$10.00 per da
$15.00 per da bite anfinals /dan do
Kx "
Cats/Do
$60.00
Other - Lar
$25.00
- Small
$ 3.00
113 1 R101 DI 11 My-'-V�W��W'
Euthanasia Fee $20.00
Breeder Permit $20.00
Owned Animal Pick- $20.00
Collars/]Leashes $ 5.00
ri
3. The adoptee produces either a handwritten note or a computer g enerated report from the
veterinarian statin the fmdin and date examined.
The amount of refund will be the total of adoption fee and count license fee, if purchased and
returned, The ad optee is responsible for an char b the veterinarian.
EXH113IT 3
r�
01
9-1-43
; 1 111 1 1 �
11 11 r1117-15 IT-711 mil ITIr,
5-1 ( d )
Interference with an Dul Appointed A
$150.00
5-5
( A) Count License Fee
$100.00
(B) Rabies Vaccination
$200.00
5-6
Keepin Stra Animals
$25.00
5-7
Rabies Vaccination and Control
$500.00
5-8
Wearin of Collar, Ta & Identification
$15.00
5-9, 5 4 (d)
Do Runnin Leash Re
$300.00
5-16 (d)
First Violation
$25.00
5-16(1)
Second Violation
$75.00
5-19
Three or More Violations
$500-00
5-23
Unprovoked Do Bite/Runnin Loose
$500.00
5-10
Vicious Animals
$500.00
5-11
Barkin Do
$25.00
*The owner of an animal shall be subject to escalatin fees. The fees are directed toward and a the owner.
The purpose of the fee is to affect the conduct of the owner b seekin to have an owner responsibl maintain a
sufficient restraint and confinement of their animal.
1 ON or I I
9-1-44
3
First Violation
$50.00
Second Violation
$100.00
Three or More Violations
$250.00
5-12
Teas* and Molestin
Mg.
$100.00
5-13
Injurin Animals, Notice Re
$100.00
5-14
Health and Welfare
$300.00
5-15
Manner of Keepin & Treatin Animals
$300.00
5-16 (d)
Sterilization of Cats & Do
$250.00
5-16(1)
Animals imp./Judicial process/Admin. seizure
$500-00
5-19
Interference with Trap or Ca
$100.00
5-23
Collection of Cats and Do for Resale
$500.00
5-25
Do prohibited at Mason Wet*
First Violation
$25.00
Second Violation
$50.00
Three or More Violations
$75.00
5-26
Do Runnin at Mason Inlet* (Same violation fps for Section 5-9, see above)
5-27
Proof of Sterilization/Animals Adopted in New Hanover Count
$500.00
5-28 to 29
Permit for Kennels
$500.00
5-30
Restraint (Do Tied Out)
$250-00
5-31
Outside Enclosure
$250.00
5-32
Public Nuisance
First Violation
$50.00
Second Violation
$100.00
Three or More Violations
$200.00
5-33
Responsible Breeder's Permit
$250.00
5-61 to 65
Dan Do Dan Do Violations
$500.00
5-66
Responsible Breedin Permit
$250.00
*The owner of an animal shall be subject to escalatin fees. The fees are directed toward and a the owner.
The purpose of the fee is to affect the conduct of the owner b seekin to have an owner responsibl maintain a
sufficient restraint and confinement of their animal.
1 ON or I I
9-1-44
3
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 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, and establishes the related Capital Project Ordinance.
13 -054 - Library
13 -078 - Sheriffs Office
13 -079 - Sheriffs Office
13 -080 - Sheriffs Office
13 -087 - Sheriffs Office
13 -082 - Parks, Gardens and Senior Resource Center
13 -088 - Parks, Gardens and Senior Resource Center
13 -083 - Emergency Management
13 -094 - Social Services
2013 -31 - Finance
2013 -32 - Finance
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.
ATTACHMENTS:
B/A 13 -054
B/A 13 -078
B/A 13 -079
B/A 13 -080
B/A 13 -087
B/A 13 -082
B/A 13 -088
10 -0
B/A 13 -083
B/A 13 -094
B/A 2013 -31
Cobb Building Renovation Capital Project Ordinance
B/A 2013 -32
Bald Eagle Lane Public Water Expansion Capital Project Ordinance
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
10 -0
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 054
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -054 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: General Fund
Department: Library /Partnership For Children
Expenditure:
Decrease
Increase
Library /Partnership For Children:
Salaries and Benefits
$21,677
Printing
$300
Supplies
$13,527
$6,650
Employee Reimbursements
$900
Training and Travel
$300
Total
$21,677
$8
Revenue:
Decrease
Increase
Library /Partnership For Children:
Grant - State - Smart Start
$13,527
Total
$13,527
$0
Section 2: Explanation
The FYI 2 -13 adopted budget for the Smart Start Growing Readers and Raising a Reader programs was
estimated. The grant awards have been made and this budget amendment adjusts the County's budget to
match the award. This grant requires no County cash match. The overall reduction in the grant funding
is $ 1 3,527 ($21,677 -$8, 150 =$ 1 3,527)
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 -054, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10 -1 -1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 078
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -078 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: General Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Training and Travel
$2000
Total
$0 1 1
$20
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Grant - Federal - NC (GHSP)
$2000
Total
$0 1 1
$20
Section 2: Explanation
To budget grant award of $20,000 from the North Carolina Governor's Highway Safety Program for travel
reimbursements for Sheriffs Office personnel who will assist in the "Booze It and Lose It" and "Click It or
Ticket" campaigns in Region 2. There is no County match and no new positions will be added for this
program. Approval to apply for these grant funds was granted at the April 16, 2012 Board of County
Commissioners meeting.
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 -078, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10-2-1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 079
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -079 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: General Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Supplies
$950
Capital Outlay - Equipment
$13,000
Capital Outlay - Motor Vehicle
$0
$500
Total
$0
$18
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Grant - Federal - NC (GHSP)
$18,950
Total
$0
$18,950
Section 2: Explanation
To budget grant award of $18,950 from the North Carolina Governor's Highway Safety Program for DWI
Checkpoint Equipment. There is no County match and no new positions will be added for this program.
Approval to apply for these grant funds was granted at the April 16, 2012 Board of County Commissioners
meeting.
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 -079, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10 -3 -1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 080
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -080 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: General Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Uniforms - Purchase
$10,642
Contingencies
$5,321
Total
$0
$5
Total
$5
$10
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Grant - Federal - Bureau of Justice Assistance
$5,321
Total
$0
$5
Section 2: Explanation
To budget grant award of $5,321 from the Bureau of Justice Assistance to purchase bulletproof vests for
Sheriffs Office personnel. The General Fund Contingency funds will be used for the 50% County match.
Approval to apply for these grant funds was granted at the July 23, 2012 Board of County Commissioners
meeting. There is an additional $10,642 budgeted for vests. Grant funds fund 50% of the increase or $5,321
and the grant match of $5,321 is funded by a decrease in contingency. Prior to actions taken at this Board of
County Commissioners meeting, the Contingencies balance is $535,000.
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 -080, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10-4-1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 087
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -087 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: General Fund and Federal Forfeited Property Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Salaries and Wages
$168
$603
Social Security Taxes
$526
Retirement - Local Government Employee
$474
Retirement - 401 K
$168
$342
Medical Insurance Expense
$3,468
Long Term Disability Insurance
$15
Training and Travel
$600
Total
$0
$17
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Appropriated Fund Balance
$168
Grant - Federal - NC GHSP
$146,840
Transfer from FFP Fund
$39,785
Total
$168
$186
Section 2: Explanation
To reconcile the actual second year funding award of $265,234 ($225,449 Federal and $39,785 Local) to
the FYI 2 -13 adopted budget. Grant is from the North Carolina Governor's Highway Safety Program for
DWI /Speed Enforcement. The increase in grant funding is $17,688 ($ 1 86,625 -$ 1 68,937 =$ 17,688).The
Local Government Resolution was approved by the Board of County Commissioners at their October 15,
2012 meeting.
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 -087, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10 -5 -1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -082 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): Understand / act on citizen needs
Fund: General Fund
Department: Parks, Gardens and Senior Resource Center /Independent Life Services
Expenditure:
Decrease
Increase
Parks, Gardens & SRC /Independent Life Srvcs:
Transportation grant expenditures
$3,965
Total
$3 11
$0
Revenue:
Decrease
Increase
Parks, Gardens & SRC /Independent Life Srvcs:
Transportation grant revenue
$3,965
Total
$3 11
$0
Section 2: Explanation
The NC Department of Transportation has notified the County that the estimated FYI 2 -13 allocation for
the Rural Operating Assistance Program (ROAP) has been reduced. New Hanover County's allocation was
reduced to $43,173.38. This budget amendment will reduce the revenue and expenditure budget to match
the grant award. Due to the funding reduction, the waiting list is increasing to stay within budget.
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 -082, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
10-6-1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 088
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -088 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
Fund: General Fund
Department: Parks, Gardens and Senior Resource Center /Independent Life Services
Expenditure:
Decrease
Increase
Parks, Gardens & SRC /Independent Life Servs:
$3
Grant - Federal - State - CFCOG
$3,196
Total
$0
$3
Revenue:
Decrease
Increase
Parks, Gardens & SRC /Independent Life Servs:
Grant - Federal - State - CFCOG
$3,196
Total
$0 11
$3
Section 2: Explanation
To budget an additional allocation of $3,196 from the Cape Fear Council of Governments Area Agency on
Aging. The required match of $355 is included within the FY 12 -13 adopted budget.
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 -088, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10-7-1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 083
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -083 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: General Fund
Department: Emergency Management & 911 Communications /Emergency Management
Expenditure:
Decrease Increase
Emergency Management & 911 Communications:
Emergency Management & 911 Communications:
Contracted Services
$200
Community Emergency Response Team Grant
Total
$0 $2
Revenue:
Decrease
Increase
Emergency Management & 911 Communications:
Community Emergency Response Team Grant
$200
Total
$0 11
$2
Section 2: Explanation
Emergency Management has been award a Homeland Security Grant for $2,000 through the North
Carolina Division of Emergency Management. The grant funding will be used to run background checks
on CERT (Community Emergency Response Team) volunteers. No County match is required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 13 -083, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10 -8 -1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 094
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -094 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 /Adult Day Care Services /Administration
Expenditure:
Decrease
Increase
Social Services /Adult Day Care Services:
Day Care Services
$571
Total
$571 1 1
$0
Revenue:
Decrease
Increase
Social Services /DSS Administration:
DSSADMIN 1571
$571
Total
$571 1 1
$0
Section 2: Explanation
The Department of Social Services' allocation for Adult Day Care Services budgeted in FYI 2 -13 was less
than estimated. This budget amendment adjusts the Adult Day Care Services FYI 2- 13 budget to reflect the
actual grant funding. The reduction will not cause a reduction in clients, but the number of days of service
may need to be reduced.
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 -094, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
10-9-1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013 - 31
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2013 -31 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Build / maintain infrastructure
Fund: Cobb Annex Repairs Capital Project
Department: Finance
Expenditure:
Decrease Increase
Increase
Capital project expense
$3,945,900
Installment financing
Total
$0 $3,945,900
Revenue:
Decrease
Increase
Installment financing
$3,945,900
Total
$0
$3,945,900
Section 2: Explanation
The Cobb Annex, a part of the County's judicial complex, is in need of repairs as determined by a recent
study. Installment financing will fund the project. Estimated debt service payments will be approximately
$459,664 annually over a period of 10 years at 3% interest. The first installment would be payable in
fiscal year 2014.
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 -31, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
10-10-1
CAPITAL PROJECT ORDINANCE
NEW HANOVER COUNTY
COBB ANNEX REPAIRS
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the repair of Cobb Annex, which capital
project involves the construction and /or acquisition of capital assets.
2. County desires to authorize and budget for said project in a project ordinance adopted
pursuant to North Carolina General Statute Section 159 -13.2, such ordinance to
authorize all appropriations necessary for the completion of said project.
3. The County desires to expend its own funds for the purpose of paying certain costs of
the project, for which expenditures the County reasonably expects to reimburse itself
from the proceeds of debt to be incurred by the County.
4. This declaration of official intent is made pursuant to Section 1.150 -2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from
the proceeds of debt to be hereinafter incurred by the County for certain expenditures
paid by the County on or after the date which is sixty (60) days prior to the date hereof.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute Section
159 -13.2.
2. The project undertaken pursuant to this ordinance is Cobb Annex Repairs Capital
Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Installment Financing
$3
Total $3
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense $3,945,900
Total $3
5. This project ordinance shall be entered in the minutes of the Board of Commissioners of
New Hanover County. Within five days hereof, copies of this ordinance shall be filed
with the finance and budget offices in New Hanover County, and with the Clerk to the
Board of Commissioners of New Hanover County.
Adopted this 13th day of November, 2012.
Sheila L. Schult Jonathan Barfield, Jr., Chairman
Clerk to the Board of Commissioners Board of County Commissioners
10 -11 -1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013 - 32
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2013 -32 be made to the annual budget ordinance for the fiscal year
ending June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Finance
Build / maintain infrastructure
Expenditure:
Decrease
Increase
Transfer to Capital Project Fund
$627,645
Total
$0
$627
Revenue:
Decrease
Increase
Appropriated Fund Balance
$627,645
Total
$0
$627
Fund: Fire Services Special Revenue Fund
Department: Finance
Expenditure:
Decrease
1 1
Increase
Transfer to Capital Project Fund
$25600
Total
1 $0 11
$256
Revenue:
Decrease
Increase
Appropriated Fund Balance
$25600
Total
$0
$256
Fund: Bald Eagle Lane Public Water Expansion Capital Project
Department: Finance
Expenditure:
Decrease
Increase
Capital Project Expense
$883,645
Total
$0
$883
Revenue:
Decrease
Increase
Transfer in from General Fund
$627,645
Transfer in from Fire Special Revenue Fund
$25600
Total
1 $0
$883
Section 2: Explanation
On October 15, 2012, the Board approved moving forward with a project to extend public water to
properties located in the Bald Eagle Lane area. The estimated cost of the project is $883,645. The County
participation cost of $256,000 will come from the Fire Services Special Revenue Fund. Of the $627,645
transferred from the General Fund, $330,000 will be repaid to the County by the Cape Fear Public Utility
Authority and $279,645 will be assessed to benefited property owners.
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 - 32, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
10 -12 -1
CAPITAL PROJECT ORDINANCE
NEW HANOVER COUNTY
BALD EAGLE LANE PUBLIC WATER EXRMVEA.
i I
91111MR176 =1
1. ilew Aanover Count (Count is en in the Bald Ea Lane Public Water
0
[_.'&1J011S1V11 %.*C;1P1LC21 FlUJOUL M110611 t.-OPIL01 1 J1U J M.L !IIVUIVt;b LIM ;.U11.-2L1U%.L1u0n and/or
ac of capital assets.
2. Count desires to authorize and bud for said project in a pro ordinance adopted
pursuant to North Carolina General Statute Section 159-13.2, such ordinance tir
authorize all appropriations necessar for the completion of said project.
3. The Count desires to expend its own funds for the purpose of pa certain costs of
the pro for which expenditures the Count reasonabl expects to reimburse itself
from the proceeds of debt to be incurred b the Count
This declaration of official intent is made pursuant to Section 1.150-2 of the Treasur
Re to expressl declare the official intent of the Count to reimburse itself from
the proceeds of debt to be hereinafter incurred b the Count for certain expenditures
paid b the Count on or after the date which is sixt (60) da prior to the date hereof.
1��001:11 :44 ;101 V
1. This pro ordinance is adopted pursuant to North Carolina General Statute Section
159-13.2.
2. The project undertaken pursuant to this ordinance is the Bald Ea Lane Public Water
Expansion Capital Pro which pro is herewith authorized.
3. The revenue that will finance said pro
Transfer in from Fire Services Special Revenue Fund $256POOO
Transfer in from General Fund $6271,645
Total S883&4_5
4e. The followin appropriations necessar for the pro are herewith made from the
revenue listed above:
M
$883964g
Total $883.64
This project ordinance shall be entered in the minutes of the Board of Commissioners of
New Hanover Count Within five da hereof, copies of this ordinance shall be filed
with the finance and bud offices in New Hanover Count and with the Clerk to the
Board of Commissioners of New Hanover Count
Adopted this 13th da of November, 2012.
Sheila L. Schult
Colerk to the Board of Cornmissione m..
Jonathan Bairfield, Jr., Chairman
Board of Count Commissioners
10-13-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 11
DEPARTMENT: PRESENTER(S): Vice- Chairman Thompson
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Introduction of Dr. Ted D. Spring, President of Cape Fear Community College
BRIEF SUMMARY:
Dr. Ted D. Spring began his role as President of Cape Fear Community College on November 1, 2012. Dr.
Spring comes to New Hanover County from West Virginia where he most recently served as President of
New River Community and Technical College in Beckley. He served in that position for the past seven years.
It is a five- campus system, serving approximately 4,200 credit students and 6,000 non - credit students in nine
counties. He amassed an impressive list of accomplishments during his tenure there.
Earlier in his career he served at other institutions in roles of Vice President, Dean of the College, Division
Chairman and Director and Associate Professor. He holds a Master of Education from Bowling Green State
University and Doctor of Philosophy from the University of Maryland.
We are pleased to welcome Dr. Spring to New Hanover County and look forward to his leadership in the
important role he now serves in our community.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Meet the new President of Cape Fear Community College.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Meet Dr. Ted D. Spring, President of Cape Fear Community College.
COMMISSIONERS' ACTIONS:
Met Dr. Spring and welcomed him to New Hanover County.
11 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 12
DEPARTMENT: Parks PRESENTER(S): Joe Suleyman, Environmental Management
Director
CONTACT(S): Jennifer O'Keefe, Keep New Hanover County Beautiful Coordinator
SUBJECT:
Consideration of America Recycles Day Proclamation
BRIEF SUMMARY:
Since 1997, communities across the country have come together on November 15 to celebrate America
Recycles Day. It is one day to educate and motivate. One day to get our neighbors, friends and community
leaders excited about what can be accomplished when we all work together. One day to make recycling
bigger and better 365 days a year.
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:
America Recycles Day Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
12 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AMERICA RECYCLES DAY PROCLAMATION
WHEREAS, New Hanover County recognizes the importance of protecting and preserving our
natural resources and adopting conscientious habits that will improve our daily lives and bring
about a cleaner, safer, and more sustainable environment; and
WHEREAS, although there has been a significant increase in the amount of recycling in New
Hanover County to date, we must also continue to focus on other initiatives such as waste
reduction, composting, the reuse of products and materials, and purchasing recycled products;
and
WHEREAS, by encouraging businesses, state agencies, nonprofit organizations, schools and
individuals to celebrate America Recycles Day 2012, we can further promote recycling as an
environmentally efficient and economically smart habit; and
WHEREAS, state and community leaders can help encourage recycling by informing citizens
about local recycling options, they can also help foster greater awareness of the need to expand
collections programs by promoting the benefits of recycling investments for businesses; and
WHEREAS, it is important that all New Hanover County citizens become involved in recycling
activities and learn more about the many recycled and recyclable products available to them as
consumers; it is also fitting for New Hanover County to celebrate America Recycles Day 2012
and take action by educating citizens about the recycling options available in our community.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 15, 2012 be recognized as "America Recycles Day" in New
Hanover County.
ADOPTED this the 13 day of November, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
12 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 13
DEPARTMENT: Planning PRESENTER(S): Eliza Baldwin, GIS Technician
CONTACT(S): Elliza Baldwin, GIS Technician and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Consideration of GIS Day Proclamation
BRIEF SUMMARY:
GIS Day provides a forum for users of geographic information systems (GIS) technology and is celebrated
every year internationally on November 14th. The goal of GIS Day is to demonstrate real -world applications
that are making a difference in our society and to spread awareness of the many beneficial uses of geospatial
technology. GIS Day is also used to engage students in geography and the world around them.
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 proclamation.
ATTACHMENTS:
GIS Day Proclamation
GIS Day Invitation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
13 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY
PROCLAMATION
WHEREAS, the day of November 14, 2012, has been designated GIS Day; and
WHEREAS, geography has played a defining role in the settlement, history, and cultural
heritage of New Hanover County, our nation, and humanity; and
WHEREAS, the management, use, and exchange of geographic information is essential
for effective decision making; and
WHEREAS, GIS technologies are a powerful tool for supporting emergency services,
economic development, environmental protection, community planning, and much, much
more; and
WHEREAS, there is a need to promote GIS awareness, education, and technical training
among various groups to appropriately and effectively utilize this rapidly developing
technology; and
WHEREAS, having a day of GIS activities open to students, citizens, and government
leaders will help achieve greater awareness of the benefits of GIS.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 14 is recognized as "Geographic Information Systems
(GIS) Day" in New Hanover County.
ADOPTED this the 13 day of November, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
13 -1 -1
ME
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 14
DEPARTMENT: County Manager PRESENTER(S): Commissioner Catlin
CONTACT(S): Tim Burgess, Assistant County Manager
SUBJECT:
Consideration of Foreign Trade Promotion Council Organizational Committee Resolution
BRIEF SUMMARY:
The purpose of the attached resolution is to create a Foreign Trade Promotion Council Organizational
Committee. The committee would be charged with drafting a plan to enhance New Hanover County's
participation in international business promotion and international trade.
This resolution supports the Board's desire to develop a Foreign Trade Zone plan. It has been vetted with the
Airport Authority and the Ports Authority.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Foreign Trade Promotion Council Resolution
Foreign Trade Promotion Council Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider the resolution.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
14 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
FOREIGN TRADE PROMOTION COUNCIL
ORGANIZATIONAL COMMITTEE
WHEREAS, New Hanover County is a desirable place to live, work and do business — locally, nationally and
internationally; and
WHEREAS, there is a need for an organization to promote international business and international trade on behalf
of New Hanover County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North
Carolina, that:
1. A Foreign Trade Promotion Council Organizational Committee is created for the following purpose:
To draft a plan for enhancing New Hanover County's participation in international business promotion and
international trade. This plan shall be approved by the New Hanover County Board of Commissioners and
should include at a minimum the following:
A. Membership requirements
B. Organizational structure
C. Mission statement
D. Bylaws
E. Operations
F. Funding
2. The following members are appointed to the Foreign Trade Promotion Council Organizational Committee:
A. Seth Palmer, North Carolina Department of Transportation
B. Jon Rosborough, Wilmington International Airport
C. Tom Barber, New Hanover County Airport Authority
D. Rick Catlin, New Hanover County Government
E. George Rountree, North Carolina State Port Authority
F. Lance Kenworthy, North Carolina State Port Authority
G. Tim Burgess, New Hanover County Government
3. This Foreign Trade Promotion Council Organizational Committee shall dissolve upon the completion of its
purpose, or one year from the date of the adoption of this resolution, whichever occurs first. The date of
dissolution may be extended upon approval of the New Hanover County Board of Commissioners.
4. Due to the limited duration of the Foreign Trade Promotion Council Organizational Committee, the
members can continue to serve beyond their affiliation and with their representative organizations, should
the need arise.
5. This resolution shall take effect upon its adoption.
ADOPTED this the 13 day of November, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
14 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 15
DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management
Director
CONTACT(S): Joe Suleyman, Environmental Management Director
SUBJECT:
Consideration of a Resolution to Approve the New Hanover County Solid Waste Program Area
Management Plan
BRIEF SUMMARY:
As previously referenced by staff, this comprehensive solid waste management plan was prepared in
accordance with N.C. General Statute 130A- 309 -09A for the purpose of meeting local solid waste needs and
protecting public health and the environment. This plan and its required updates provides for the
management of solid waste and reduction efforts for the next ten years in the New Hanover County solid
waste planning area. The planning area includes the current unincorporated areas of New Hanover County
and the Town of Carolina Beach, Town of Kure Beach, City of Wilmington and Town of Wrightsville
Beach.
This is the result of a collaborative effort between representatives of each of these municipalities. The
completed plan was made available for public review in each municipality, and a public meeting was held on
September 10, 2012. Each municipality has, through resolution, adopted the plan. A copy of the Plan is
available for review in the Clerk's office.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt a resolution to approve the New Hanover County Solid Waste Plan Update for 2012.
ATTACHMENTS:
Resolution
Solid Waste Management Plan Executive Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
15 -0
Approved 4 -0.
15 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
NEW HANOVER COUNTY SOLID WASTE PLAN 2012 REVISION
WHEREAS, it is a priority of this community to protect human health and the environment through
safe and effective management of municipal solid waste; and
WHEREAS, the reduction of the amount and toxicity of the local waste stream is a goal of this
community; and
WHEREAS, equitable and efficient delivery of solid waste management services is an essential
characteristic of the local solid waste management system; and
WHEREAS, it is a goal of the community to maintain and improve its physical appearance and to
reduce the adverse effects of illegal disposal and littering; and
WHEREAS, New Hanover County recognizes its role in the encouragement of recycling markets by
purchasing recycled products; and
WHEREAS, involvement and education of the citizenry is critical to the establishment of an
effective local solid waste program; and
WHEREAS, the State of North Carolina has placed planning responsibility on local government for
the management of solid waste; and
WHEREAS, NC General Statute 130A-309.09A (b) requires each unit of local government, either
individually or in cooperation with other units of local government, to update the Ten Year
Comprehensive Solid Waste Management Plan at least every three years; and
WHEREAS, the New Hanover County Environmental Management Department has undertaken and
completed a long -range planning effort to evaluate the appropriate technologies and strategies
available to manage solid waste effectively.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby approves the New Hanover County Solid Waste Plan Update.
ADOPTED this the 13 day of November, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
15 -1 -1
EXECUTIVE SUMMARY
New Hanover County
Solid Waste Management Area Management Plan — 2012 Update
Summary
The Solid Waste Management Plan ( "Plan') is required by NC General Statute 130A- 309 -09A (b)
for the purpose of meeting local solid waste needs and protecting public health and the
environment. An initial ten -year plan must be updated every three (3) years, with a specific goal
of a forty percent (40 %) reduction in solid waste disposal. The Plan, as presented, is a three year
update to the original ten -year plan developed in 1993.
The Plan was prepared by the staff of the Environmental Management Department with the
cooperation of the City of Wilmington, Town of Wrightsville Beach, Town of Kure Beach, and
Town of Carolina Beach. Each municipality is required to adopt the plan through resolution.
The draft plan was made available for public review and public comment. No comments were
received by county staff or by the respective municipalities.
Elements of the Plan:
The Plan consists of six (6) parts plus supporting appendices. These parts include:
1.) Demographics and Solid Waste Stream Evaluation. In this part, staff updates
population changes, employment data, economic data, and waste stream makeup.
2.) Local Waste Reduction Goals. This part outlines the management area's waste
reduction goals, based on current and pending actions outlined a supporting worksheet.
3.) Meeting the Waste Reduction Goals. In this section, each municipality summarizes
their current and planned methodology for reaching the waste reduction goals set in part
two.
4.) The Planning Process and Public Participation. This section describes actions taken
to notify, engage, and involve the general public in the preparation of the plan.
5.) Programs Assessment and Intended Actions. Part five is a detailed description of solid
waste management activities, projects, and procedures that contribute towards the overall
waste reduction goal. Each municipality provided information for up to fourteen (14)
different actions, including updates to actions undertaken since the last Plan update.
6.) Facilities and Resources Available Through Private Enterprise. The final section
identifies all current and pending facilities and resources that are available through
private companies that are engaged in waste reduction, recycling, reuse, and collection
and disposal efforts.
Key Changes to the Plan:
.e
1.) Updated the City of Wilmington's curbside recycling collection program to include
pending changes.
2.) Identified the need to establish a permanent household hazardous waste (HHW)
collection facility.
3.) Identified the need to establish subscription curbside yard waste collection services to the
unincorporated areas of the County.
15 -2 -1
4.) Identified the need to expand the current electronic waste ( "e- waste ") collection system.
5.) Updated the status of the County's waste -to- energy facility.
Recommendation:
The Department of Environmental Management recommends that the Board adopts a resolution
to approve the Solid Waste Plan 2012 Update.
15 -2 -2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 16
DEPARTMENT: PRESENTER(S): Thomas Wolfe, Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board, and Dan Sykes, ABC Board Chief Executive Officer
SUBJECT:
New Hanover County ABC Board Annual Update
BRIEF SUMMARY:
The New Hanover County ABC Board 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 ABC Board Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation and approved a $7,000 bonus for Mr. Sykes 4 -0.
16 -0
NEW HANOVER COUNTY
ABC BOARD
Number of Members: 5 - Chairman designated by County Commissioners
Term of Office: Three years - may be reappointed
Regular meeting: Third Tuesday of every month at 8:30 a.m. at the ABC General Office, 523 S. 17
Street, Wilmington, NC.
Compensation: G.S. 18B700(g) set compensation at $150.00 per board meeting effective
10/1/2010.
Statute or cause creating Board: N. C. General Statutes 18B -700; increased membership from 3
to 5 members effective 10/1/2010.
Qualifications: Appointed on the basis of appointee's interest in public affairs, good judgment,
knowledge, ability and good moral character.
Brief on the functions: 1) Establish stores and adopt local policies. 2) Set budget including
employees' salaries. 3) Hire general manager to oversee day -to -day operation of the system. 4)
Buy or lease property for the system. 5) Review reports and perform other duties in accordance
with 18B -701. 7) Board is an independent entity of the State.
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Cedric Dickerson
First 5/3/10 (eff. 7/1/10)
6/30/12
356 Harlandale Drive
Second 6/18/12
6/30/15
Wilmington, NC 28411
686 -2764 (H) 617 -8389 (C) 395 -4064 (W)
Augustus Codington Everett, Jr.
First 10/18/10
6/30/13
4001 Providence Court
Wilmington, NC 28412
392 -6226 (H) 619 -7900 (C) 762 -6452 (W)
Robert W. Martenis
First 10/18/10
6/30/13
9004 St. Stephens Place
Wilmington, NC 28412
313 -1312 (H) 297 -6800 (C)
David I. Matthews
First 4/19/10 (eff. 7/1/10)
6/30/11
1523 Landfall Drive
Second 6/20/11
6/30/14
Wilmington, NC 28405
256 -3271 (H)
Thomas Wolfe, Chairman
First 4/19/10 (eff. 7/1/10)
6/30/13
3739 Reston Court
Wilmington, NC 28403
392 -0654 (H) 228 -8569 (C) 784 -9800 (W)
16 -1 -1
NEW HANOVER COUNTY ABC BOARD (Continued)
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Ex. Officio:
Appointed 4/19/10
Avril Pinder, Assistant County Manager
New Hanover County
Dan Sykes, Chief Executive Officer (4/2010)
New Hanover County ABC Board
File: /ABC
523 South 17 Street
B/C #1 — 6.12
Wilmington, NC 28401
910- 762 -7611
Fax 343 -0491
Revised: 10/30/12
16-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 17
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Sheriff Ed McMahon
SUBJECT:
Consideration of Request for Additional Detention Center Staffing
BRIEF SUMMARY:
As Sheriff of New Hanover County, I am hereby requesting additional staffing for the New Hanover County
Detention Facility. The current ratio of inmates to officers is 1 to 64 which is at a level that is unsafe and
requires an increase in deputy positions. A total of sixteen (16) deputy positions are necessary. I am
requesting eight (8) positions at this time and will request the remaining eight (8) as part of the FY 13 -14
budget process. The additional personnel will add two officers to each squad which would reduce overtime,
improve officer morale and more importantly contribute to officer /inmate safety and security.
As the detention facility population continues to increase so will the number of inmate assaults on officers,
inmate assaults on inmates, and suicide attempts. We have had twenty (20) officers assaulted thus far this
year, in addition to sixteen (16) suicide attempts by inmates. The average daily jail population has risen from
493 last year to 572 this year. Presently, on any given day we could be housing as many as six hundred (600)
inmates. The increase in population has a direct impact on the risks to which our officers and inmates are
exposed (see attachment).
Factors contributing to our increased population include the implementation of the Justice Reinvestment Act
of 2011, which placed individuals with probation revocations in county detention facilities at county
expense; and Confinement in Response to Violation (CRV), which imposes confinement for 90 days for
defendants under supervision for a felony or 90 days for defendants under supervision for a misdemeanor.
The approval of additional deputy positions, in lieu of detention officer positions, would allow us greater
flexibility in terms of utilization. These officers would be certified to carry a weapon and enforce all
laws. Deputies could also be used for transportation of inmates to other detention facilities, to prisons for
safekeeping, hospitals, and courts.
Attached hereto is a chart which shows the staffing and inmate populations for facilities of comparable size
to New Hanover County.
The cost of eight (8) positions for the remainder of the year will be $268,760.
The cost of sixteen (16) positions for a full year will be $860,032.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
17 -0
ATTACHMENTS:
Detention Facility Stats
Detention Center Staffing Map
B/A 13 -081
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval of eight positions and endorsing including the other eight positions in the next fiscal
year budget recommendation.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
17 -0
17 -1 -1
Ln
1
[go
17-2-1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 081
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -081 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
Keep the public informed on important information
Fund: General Fund
Department: Sheriffs Office /Detention
Expenditure:
Decrease
Increase
Sheriff s Office /Detention:
Salaries and Wages
$189,620
Social Security Taxes
$14,505
Retirement - Local Government Employee
$0
$12,835
Retirement - 401 K
$9,480
Medical Insurance Expense
$41,940
Long Term Disability Insurance
$380
Total
$0
$268
Revenue:
Decrease
Increase
General Fund /Appropriated Fund Balance:
Appropriated Fund Balance
$268,760
Total
$0
$268
Section 2: Explanation
The Sheriffs Office is requesting 8 additional Deputy positions due to the increase in Detention facility
population. The current ratio of inmates to Officers is at an unsafe level, which will result in increased
inmate assaults on Officers, inmate assaults on other inmates and suicide attempts. Prior to actions taken
at this Board of County Commissioners meeting, the Appropriated Fund balance is $10,112,869.
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 -081, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
17-3-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 18
DEPARTMENT: Finance PRESENTER(S): Joshua Swift, Deputy Health Director
CONTACT(S): Joshua Swift, Deputy Health Director
SUBJECT:
Consideration of the Renovation of a Facility for Public Health
BRIEF SUMMARY:
CoastalCare (previously Southeastern Mental Health Center) will be vacating their existing building adjacent
to the New Hanover County Health Department in November 2012. Renovation of this facility for public
health, together with renovation of the existing Health Department building, is highly desirable.
Cost of all phases of this project is estimated at a total of $6,935,950, to be phased as follows:
Phase I - Renovation of mental health building
$2,485,250
Phase II — Renovation of 1 floor of public health buildin
IIA — 50% of public health building
$1,969,600
IIB — 50% of public health building
$2,332,600
Phase III — Renovation of 2 nd floor of public health building
$148,500
We are only requesting that Phase I be approved at this time.
The New Hanover County Health Department has up to $2,715,254, currently held in escrow, available to
fund Phase I of the renovation project. Staff requests that the Board approve the Capital Project ordinance in
the amount of $2,715,254 for Phase I. Funding for Phase II and III may be requested in the future budgets.
LS3P Associates, LTD. was the architect and engineer for the construction of the mental health and public
health buildings. In addition, LS3P conducted the two most recent space studies for the health
department. The current renovation studies, estimates and opinion of probable cost have been prepared by
LS3P. Staff requests that New Hanover County be exempted, as allowed by G.S. 143 - 64.32, from the
requirement to use the qualifications -based selection process to select an architect and engineer. County staff
wishes to continue using LS3P Associates, LTD. for architectural and engineering services for the renovation
of the health department, including current CoastalCare and New Hanover County Health Department
buildings due to the firm's extensive background and previous experience with this project.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
18 -0
• Approve Capital Project Ordinance in the amount of $2,715,254.
• Select LS3P Associates, LTD. as the architect of record.
ATTACHMENTS:
Opinion of Probable Cost
Resolution Exempting Architectural ana Engineering Services
Capital Project Ordinance
B/A 2013 -30
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval of Phase I renovation; adoption of a resolution to exempt architectural and engineering
services for the renovation project; selection of LS3P Associates, LTD. as the architect of record; and
adoption of the capital project and budget amendment ordinances in the amount of $2,715,254, the amount
currently held in escrow for the project.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
18 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
EXEMPTING ARCHITECTURAL & ENGINEERING SERVICES FOR RENOVATION OF
HEALTH DEPARTMENT PROJECT FROM G.S. 143 -64.31
WHEREAS, G.S. 143-64.31 requires the initial selection of firms to perform architectural,
engineering and surveying services without regard to fee; and
WHEREAS, the County proposes to enter into one or more contracts for architectural and
engineering services for work on the New Hanover County Health Department Renovation; and
WHEREAS, LS3P Associates Ltd. has performed extensive studies, estimates and reports
regarding renovation of the New Hanover County Health Department.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners approve the exemption from the provisions of G.S. 143-64.31 for architectural
and engineering services for work on the renovation of the New Hanover County Health
Department for the reasons stated in this resolution.
ADOPTED this the 13th day of November, 2012.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
18-2-1
CAPITAL PROJECT ORDINANCE
NEW HANOVER COUNTY
RENOVATION OF HEALTH DEPARTMENT
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the renovation of New Hanover County
Health Department, including current CoastalCare and New Hanover County Health
Department buildings, which capital project involves the construction and /or acquisition
of capital assets.
2. County desires to authorize and budget for said project in a project ordinance adopted
pursuant to North Carolina General Statute Section 159 -13.2, such ordinance to
authorize all appropriations necessary for the completion of said project.
3. The County desires to expend its own funds for the purpose of paying certain costs of
the project, for which expenditures the County reasonably expects to reimburse itself
from the proceeds of debt to be incurred by the County.
4. This declaration of official intent is made pursuant to Section 1.150 -2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from
the proceeds of debt to be hereinafter incurred by the County for certain expenditures
paid by the County on or after the date which is sixty (60) days prior to the date hereof.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute Section
159 -13.2.
2. The project undertaken pursuant to this ordinance is the renovation of New Hanover
County Health Department, including current CoastalCare and New Hanover County
Health Department Buildings Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Health Department Escrow $2
Total $2
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense $2
Total $2
5. This project ordinance shall be entered in the minutes of the Board of Commissioners of
New Hanover County. Within five days hereof, copies of this ordinance shall be filed
with the finance and budget offices in New Hanover County, and with the Clerk to the
Board of Commissioners of New Hanover County.
Adopted this 13th day of November, 2012.
Sheila L. Schult
Clerk to the Board of Commissioners
Jonathan Barfield, Jr., Chairman
Board of County Commissioners
18 -3- 1
AGENDA: November 13, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013 - 30
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2013 -30 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
Fund: General Fund
Department: Health Department
Expenditure:
Decrease
Increase
Transfer to Capital Project Fund
$2,715,254
Total
$0
$2
Revenue:
Decrease
Increase
Contribution from Health Escrow
$2,715,254
Total
$0
$2
Fund: Health Department Renovation Capital Project
Department: Health Department
Expenditure:
Decrease
Increase
Capital Project Expense
$2,715,254
Total
$0
$2
Revenue:
Decrease
Increase
Transfer in from General Fund
$2,715,254
Total
$0
$2
Section 2: Explanation
The New Hanover County Health Department has $2,715,254, currently held in escrow. Staff requests
approval to use the funds for Phase I of renovations to the health department, including CoastalCare and
New Hanover County Health Department.
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 - 30, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 13th day of November, 2012.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
18 -4 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 19
DEPARTMENT: Health PRESENTER(S): David E. Rice, Health Director
CONTACT(S): David E. Rice, Health Director
SUBJECT:
Consideration of Submission of a Letter of Intent to the Cape Fear Memorial Foundation to
Fund Space Needs
BRIEF SUMMARY:
The purpose of this letter is to submit a request for financial support for the space needs of the New Hanover
County Health Department. We have the opportunity to renovate the CoastalCare facility adjacent to the
Health Department. The amount of support requested from Cape Fear Memorial Foundation is $600,000
($300,000 for 2013 and $300,000 for 2014).
Our plans are to move Health Department clinics to the renovated CoastalCare facility (Phase 1) and then
renovate our current facility to enhance our programs and services (Phase 2). LS3P Associates has completed
the space needs analysis and its opinion of probable cost. Phase 1 is estimated to cost $2,485,250 and the
remainder of the project is estimated to cost $4,450,700. The total cost for the Health Department
renovations is projected to be $6,935,950.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the submission of a letter of intent to the Cape Fear Memorial Foundation for $600,000.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
19 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 20
DEPARTMENT: PRESENTER(S): Shawn Ralston, Planning Manager, and Chris
O'Keefe, Planning & Inspections Director (PB Rep: David Weaver)
CONTACT(S): Shawn Ralston, Planning Manager and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Text Amendment (A -404, 10/12) - Request by Staff to Amend Section 53.6 of the Zoning Ordinance to
Clarify District Procedures, Standards, and Requirements of the Exceptional Design Zoning District
(EDZD)
BRIEF SUMMARY:
Request by Staff to amend Section 53.6 of the Zoning Ordinance to clarify district procedures, standards, and
requirements of the Exceptional Design Zoning District (EDZD). The proposed amendment includes
numerous changes as summarized below:
- Clarifications to the application submittal requirements to provide additional guidance to applicants to
ensure adequate information is submitted to evaluate a project;
- Additions to the district regulations and underlying standards to further encourage that a project meets the
intent of the EDZD;
-A cap on the amount of density that a project may achieve unless a project proposes a mixed use component
or locates near existing shops, services and facilities;
- Clarifications to the table of core and additional requirements to further encourage that a project meets the
intent of the EDZD;
-The addition of two new components to the table of additional requirements to allow more options to satisfy
the necessary points required to establish an EDZD;
- Additions and clarifications to the definition section, including a definition of "walk distance ", to further
encourage that a project meets the intent of the EDZD.
At their October 4, 2012 meeting, the Planning Board voted 7 -0 to recommend approval of the amendment.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Innovate programs to protect the environment
• Implement plans for land use, economic development, infrastructure and environmental programs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
20 -0
ATTACHMENTS:
A -404 Script for EDZD
A -404 Text Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
20 -0
ITEM # 20
SCRIPT FOR TEXT AMENDMENT A -404 10/12
REQUEST BY STAFF TO AMEND SECTION 53.6 OF THE COUNTY'S ZONING
ORDINANCE TO CLARIFY CERTAIN STANDARDS FOR ESTABLISHING AN
ESCEPTIONAL DESIGN ZONING DISTRICT (EDZD).
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponents presentation (up to 15 minutes)
C. Opponents presentation (up to 15 minutes)
d. Proponents rebuttal (up to 5 minutes)
e. Opponents rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
20 -1 -1
A-404,11/12 TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: STAFF
Staff proposes to amend Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD).
Proposed chan are 'in red. Deletions have strikes throu them.
1 53.6 -1: Intent- The Exceptional Design Zoning District (EDZD) provides opportunities for mixed
2 use and high density residential projects within the unincorporated areas of the County where
3 appropriate urban features are in place to support such projects without the negative impacts
4 of urban sprawl. Through the conservation of water bodies, wetlands, floodplains and open
5 space, it is intended that this district will prevent the degradation of water quality and foster
6 the preservation of natural hydrology, habitat and biodiversity. In addition, the district is
7 intended to provide design flexibility to achieve public and private spaces that advance a sense
8 of community in a well- integrated service area that diminishes the need for vehicular traffic and
9 encourages bicycle and pedestrian movements. The EDZD shall be located with respect to
10 public and private facilities existing or clearly available by the time they are required within the
11 development.
12
13 Physical character of the site and relation to surrounding property - The site shall be suitable for
14 development in the manner proposed without creating hazards to persons or property, on or
15 off the district, and free from the probability of flooding, erosion, subsidence or slipping of the
16 soil or other dangers. Condition of soil, groundwater level, drainage and topography shall all be
17 appropriate to both the kind and pattern of use intended. If appropriate to the form and
18 function of development, lands to be included in EDZD districts may be divided by streets,
19 alleys, rights -of -way or easements, but shall be located, dimensioned and arranged as to permit
20 unified planning and development and to meet all requirements in connection therewith, as
21 well as to provide necessary protection against adverse relationships between uses in the
22 district and uses in surrounding areas.
23
A -404, 11/2012 Amendment Page 1
20-2-1
36 Applicants are recommended to meet with staff before substantial investments are
37 made towards the design of exceptional development projects and are required to meet
38 with staff to review the exceptional development concept and criteria prior to
39 submitting an application. Application shall be made on forms provided by the County
40 and in accordance with the schedule of deadlines for Planning Board submissions. The
41 following procedures must be met:
42 a. Meet with staff
A -404, 11/2012 Amendment Page 2
20 -2 -2
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c. Prepare application and submit by application deadline. The
50
application shall include:
51
i. Survey map as well as metes and bounds description of the
52
boundaries.
53
ii. Map showing location of existing public water and sewer lines,
54
roadway classification, existing or planned bicycle and
55
pedestrian facilities, schools, parks, nn+.nnlnn��nn�++��+ and
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56
shopping districts within a % mile 4, of the outermost
57
project boundary.
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59
prepared in a r orlon e wit
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61
,and N ew n nanove+n�nCnountvn nn.and signed by a licensed traffic
62
engineer is required for all projects (based on proposed
63
maximum density and intensity for the acreage).
64
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69
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70
V. Inventory of the existing environmental, cultural, historical
71
and natural site attributes.
72
vi. A conceptual plan that shows with reasonable certainty the
73
type and intensity of use for the proposal.
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74 vii Summary of the meetings held with surrounding property
75 owners.
76 viii A checklist of the prerequisite standards that will bemet.
77 ix. Application fee.
70 X. Calculations of the requested densit and
79 documentation supporting the award of points for any density
80 bonus.
01 xi. Verifiable water and sewer expansion plans must beprovided
02 and allocation of capacity confirmed with the Cape Fear Public
03 Utility Authority.
84 xii. Phasing schedule indir
ca lien ear[I of the END elements
85 w be met.
06 xiii. The project rnustrneeta||app|icab|erequirernentsofthe
07 County Zoning Ordinance.
00 d. Planning Board consideration and Board of Commissioners decision
09 after public hearing.
90
91 53.6-4: District ReguUatUons-
92
93
94 l\ The applicant must be the owner or owners of all the property to be included in
95 the district and must demonstrate that the property is jointly owned or be
96 subject toa formal agreement for unified control. Authorization to ConstrUrt
rontrol is established.
97 I shall not be issued until unified
90 2\ A district must include the entirety of the parcel or parcels being considered.
99 3\ A district may not extend across any major orrninorarteria|roadvvay
100 three or more lanes of vehirUlar traffir unless the district proposes multiple,
101 unified development phases of mixed uses having safe, signalized vehicular,
102 pedestrian and bicycle facilities to connect the projects
103 .
104
105 ��T
106
107 15 A�
108
109
110
lll standards as described in Table S3.6-5 .
A-404) 11/2012 Amendment Pa 3
zOz3
112 The END Certification must be assured during the first phase of
113 development or prior to completion of more than 24 units whichever comes
114 f i rst
115
' of the END elements.,
116
117 53.6-5: Underlying Standards for Projects Within an EDZD:
118
119 l\ Maximum Building height: within 2OO feet of any residential zoning district or
120 residential use (4/6/lO), building height shall not exceed forty (4O) feet.
121 2\ Building setbacks and separation: Buildings located on the periphery ofthe
122 district shall be set back rninirnurn of twenty (2O) feet from the district
123 boundary. When the proposed setbacks from the periphery of the district are
124 less than the proposed height of the buildings, the application shall include an
125 explanation of how the project reasonab|yaddressesprivacy,|ight,air,andsafety
126 impacts upon adjoining properties.
127 3\ Parking: Off-street parking shall be provided in accordance with Article VIII ofthe
120 zoning ordinance. Projects that meet Section 53.6-1 Additional Requirements
129 l,2,3and4
130 commercial component of the project.
131
132
133
134
135
136 levels of internal ronner'' nd are well ronnerted to the roMM
137
138
139 64 ping and buffering shall bein accordance with Article 67, except that
140 required buffers may be allowed within electric utility easements greater than 30
A-404) 11/2012 Amendment Pa 4
zOz4
149
4 G 5) Open Space(4 /6/10): Open space shall be provided within all exceptional
150
design zoning districts and except as provided in section (c) below shall equal a
151
minimum of 35% of the gross site area of the district. Open space is an area of
152
land set aside, dedicated, or reserved for public or private use or enjoyment that
153
shall be functional for uses including but not limited to: an area of environmental
154
preservation and enhancement, park, internal courtyard, plaza, playground,
155
playfield, atrium or greenway pedestrian and non - motorized vehicle easement.
156
Open space may be natural or recreational.
157
(a) Natural open spaces are intended to protect the natural
158
environment, protect water quality, provide environmental
159
education and provide habitat for wildlife. Natural open spaces
160
include natural features such as wetlands and conservation
161
overlay districts or otherwise undevelopable land. Natural open
162
spaces shall not exceed 10% of the open space requirement.
163
(b) Recreation open spaces may be active or passive and are
164
intended to provide outdoor recreation opportunities or
165
provide locations where the public is directly or indirectly
166
invited to gather, browse, sit, interact or congregate. A
167
maximum of 25% of the open space area may contain
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230 action. The Planning and Inspections Director shall certify that the conditions
231 imposed by the Board of Commissioners have been met.
232 3) Upon approval of final plans and reports, building permits shall be issued in the
233 same manner as for building permits generally, provided that any requirements
234 relating to the order and location in which building permits are to be issued in the
235 particular EDZD district shall be observed. Except as provided in this article, final
236 plans and reports approval shall be binding on the applicants and any successor in
237 title, so long as EDZD zoning is applied to the land.
238
239 53.6- Approval of Detailed Plans and Related Material is an Administrative Action
240 Approval of detailed plans and related material is an administrative action. No public
241 notice or hearing is required in connection with approval proceedings of final plans or
242 changes in approved plans, but the Technical Review Committee shall meet and approve
243 the technical merits of the final plan, and when the Planning Director or his designee
244 has certified that the plan approved by the Technical Review Committee meets all the
245 requirements and conditions of the original approval, then signatures of the Planning
246 Director and the Chairman of the Technical Review Committee shall be affixed to the
247 approved final plan.
248
249 53.6 -1119 Restrictions on Permitted Uses
250 The principal uses in an EDZD shall be as set out and approved in the original approving
251 action, unless otherwise amended by the Board of Commissioners. After the concept
252 plan has been approved, changes in any principal use or accessory use shall constitute a
253 change in the approved EDZD and shall require approval by the Board of Commissioners.
254
255 53.6 -12 Effect of Approval
256 Any area designated as an EDZD shall thereafter be developed using only the
257 exceptional design standards and proposed conditions under which the EDZD is
258 approved. Any reduction in the prerequisite standards after approval shall be
259 considered a violation of the terms and conditions of approval. In accordance with
260 NCGS153A- 344.1(c) and (d), approval of the master plan shall establish a vested right.
261 After 24 months from the date of original approval, if no construction activity has been
262 permitted, the approval of the original concept plan and any approved final plan shall
263 expire and new approvals based on standards existing for EDZD districts at that time
264 shall be required. Extensions of vested rights beyond the first 24 months may be
265 a p p roved i n tier r orlon r., a wife Se r., tion 112 6
266
267
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is ry x
269
270 53.6 -13: Modifications
271 Site specific development plans may be modified upon review and approval of the
272 Planning Director. Minor changes may be approved in the same manner as set forth in
273 Sec. 71 -1(9). Major modifications, including additional density bonuses may be
A -404, 11/2012 Amendment Page 7
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274 approved by the Planning Director or his designee and the TRC when the prerequisite
275 standards are maintained and sufficient additional points accrue to support the request.
276 However, modifications that conflict with small area neighborhood or corridor plans
277 shall not be approved in this manner. Projects that remove components for which
278 density or intensity bonuses have been awarded must modify the plan accordingly and
279 submit for approval.
280
281 53.6 -14 Exceptional Design District Standards Converted to Points
282 De
283 arre. All reed si
i onal
r�u - - -
284 �� � �d� �, d�� �� �
285
286
287
288
289
290
291
292
The following table includes the criteria that shall enable a project to be classified as and
Exceptional Design District and allow for the density bonuses herein provided. The first
six (6) criteria are required for any project to initially qualify for Exceptional Design
review. In addition to the first six criteria, an additional twelve (12) points are required
from the remaining ten (10) additional criteria. Planning and Inspections Director will
determine whether criteria are properly met.
CORE REQUIREMENTS ( italicized items are further defined in Definitions Section)
1. Smart Location
REQUIRED
Option 1: Locate project on an infill site, gym.
Option 2: Locate project on an adjacent site with pre - project connectivity.
Option 3: Locate project near existing or planned adequate transit service.
Option 4: Locate project near existing neighborhood shops, services, and
facilities.
2. Proximity to Water and Wastewater Infrastructure
REQUIRED
Option 1: Locate project on a site served by existing water and wastewater
infrastructure. Replacement of or other on- location improvements to existing
infrastructure are considered existing for the purpose of achieving this option.
Option 2: Locate project within an area scheduled for water and sewer expansion
where verifiable expansion plans can be provided and allocation of capacity can be
confirmed with the Cape Fear Public Utility Authority.
3. Significant Species and Ecological Communities
REQUIRED
Option 1: After consultation with the NC Natural Heritage Program map as found
on the New Hanover County online mapping services, no species present or likely
to be present that are listed under the federal Endangered Species Act, NC
endangered species list or listed in the NC Natural Heritage Program as either
A -404, 11/2012 Amendment
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20 -2 -8
Nationally, State or Regionally Significant.
Option 2: If initial consultation with the NC Natural Heritage Program map is
inconclusive, then a qualified biological scientist performs biological surveys to
determine the presence of endangered or significant species or the applicant
consults with the NC Natural Heritage Program in Raleigh to receive a State
determination.
Option 3: If endangered or significant species are found, comply with an approved
Habitat Conservation Plan (HCP) under the Endangered Species Act for each
species or receive an approved mitigation plan from the NC Natural Heritage
Program.
Option 4: If endangered or significant species are found and no approved HCP
exists, work with an appropriate authority to create and develop one or develop
an approved mitigation plan with the NC Natural Heritage Program.
4. Wetland and Water Body Conservation and Preservation
REQUIRED
To prevent bacterial contamination of surface water, install pet waste stations
within required open spaces and implement a maintenance schedule for the pet
waste stations
-and -
Option 1: Locate project on a site that includes no jurisdictional wetlands, water
bodies (including but not limited to intermittent and perennial streams) or land
within 100 feet of these areas.
Option 2: Locate project such that pre - project jurisdictional wetlands, water
bodies (including but not limited to intermittent and perennial streams), and land
within 100 feet of such areas shall not experience significant destruction or lasting
detrimental effects to water quality or other protected natural resources as a
result of new development. Significant destruction shall include the construction,
excavation, deposition, of materials in, over or on such land or any work that
would affect the course, location, condition, or capacity of the receiving water
body. C e a t e a 1of1pj-terrn man a g � I plan for on t e wa t er bodies tiu ad
t E �i xn a th °�M - ¢ xn 4��5F E n �i!m E t� E �ry - ¢ E E �i - ¢ n �i 'y, xn6. - ¢ �!m6. iu
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5. Floodplain Avoidance
REQUIRED
Option 1: Locate on a site that does not contain any land within a 100 -year
floodplain.
Option 2: Locate the project on an infill site or a previously developed site and
comply with the NFIP requirements for developing portions of the site that lie
within the floodplain.
A -404, 11/2012 Amendment
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20 -2 -9
Option 3: Develop only on portions of the site that are not in a floodplain or on
portions that have been previously developed.
6. Stormwater Management
REQUIRED
Implement a comprehensive stormwater management plan for the project that
infiltrates and reuses stormwater runoff. Stormwater shall be managed following
the principles prescribed in the New Hanover County -City of Wilmington Joint
Low Impact Development Manual and will enable a project to use the LID -EZ
Spreadsheet Tool. A determination that a project qualifies as a Low Impact
Development shall be made by the Technical Review Committee (TRC).
ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA
LISTED BELOW IN ADDITION TO THE CORE REQUIREMENTS)
. e es
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2. Bicycle and Pedestrian Access
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prohibited by topographical conditions.
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A -404, 11/2012 Amendment
Page 10
20-2-10
A -404, 11/2012 Amendment
Page 11
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3. Housing and Jobs /Commercial Opportunity Proximity
2 points
Option 1: Include a residential component equaling at least 30% of the project's
total building square footage, and locate and /or design the project such that the
geographic center is within a % mile walk distance of pre - project full -time
equivalent jobs equal to or greater than the number of dwelling units in the
project.
Option 2: Include a non - residential component equaling at least 30% of the
project's total building square footage.
-a
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11
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Provide or identify covered and at least partially enclosed shelters, adequate to
buffer wind and rain, with at least one bench, at each transit stop.
a n d.!.
Provide kiosks, bulletin boards, and /or signs devoted to providing local public
transit information as part of the project, including basic schedule and route
information at each public transit stop within or bordering the project.
fi 4 1PNFP1" tWNFPI "tWNFPI"tWNFPI"tWNFPI"tWNFP4IU 5. Certified Green Building
2 points
Design, construct, or retrofit one whole residential or non - residential building to
be certified through: LEED, NAHB Green Building Standards, North Carolina
Healthy Built Homes or Green Globes.
&L. Minimum Building Energy Efficiency
4 1PNFP1" tWNFPI "tWNFPI"tWNFPI"tWNFPI"tWNFP4IU
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A -404, 11/2012 Amendment
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20-2-11
residential buildings three stories or fewer and new single - family residential
buildings, 90% of new buildings must meet the
-
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Water Efficient landscaping
96
2 points
Reduce potable water consumption for outdoor landscape irrigation by limiting
turf to 25% or less, incorporating rainwater catchment system(s) such as rain
barrels or cisterns into the project, installing drip irrigation and utilizing
stormwater for landscape irrigation.
1)9. Native L.a
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10. Building Orientation
2 points
Design the project so that a minimum of 75 percent of the building sites are
constructed with the longer dimension of the structure facing 0 -30 degrees of
south.
11 Affordable Housing
points
Include minimum of 15% of the dwelling units as rental and /or for -sale dwelling
units priced for households earning below area median income (AMI). Rental
units must be maintained at affordable levels for a minimum of 15 years.
A -404, 11/2012 Amendment Page 12
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307
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
320
329
330
331
332
333
334
335
Diversity of Uses List
Use One: Retail
Convenience Store
Florist
Hardware Store
Pharmacy
Miscellaneous retail
Use Two: Services
Bank
Coffee Shop
Hair care
Health club
Laundrv/Hryc|eaner
K4edica|/denta|office
Restaurant
Offices for private business and professional activities
Use Three:CUvUc/CommmmunUty Facilities
Child care (|icensed)
Civic/cornrnunitycenter
Place ofworship in a building
Police/fire station
Post office
Public library
Public park
School
Senior care
Social services facility
A-404) 11/2012 Amendment
Pa 13
zOz|3
Associated Technical Standards for Section 53.6 of the New Hanover County Zoning
Ordinance,
Exceptional Desi Zoning District
336
337 Definitions
330
339
340 V Ik Distance- For "Arian must be able to 'travel between
341 afe and reomfortable environment on a,
342
343 r)edestrian farilities. Pedestrians should not have to rross a street limits
344
345
346 Core Requirement 1: Smart Location
347 Infill Site is defined asa site where at least 7SY6of the perimeter of the property
340 borders parcels that have been previously devel
349
350 Previously Developed is defined asa site having pre-existing impervious coverage that
351 would typically have required regulatory permitting to have been initiated.
352
353 may be met when the proposed project is|ocated so that 2SY6
354 of the project boundaryisad'acenttoaprevious|ydeve|opedpropertyandconnectivity
355 of the site and adjacent land is at least ninety (90) intersections/square mile as
356 measured within al6-rni|e distance ofacontinuous segment of the project boundary.
357 Locate and/or design the project suchthatathroughstreetand/ornonrnotorizedright-
350 of-way intersects the project boundaryat|easteveryQOOfeet,connectingvvithan
359 existing street and/or right-of-vvay outside the project. (4/6/lO)
360
361 Existing or planned adequate transit service: At|eastSOY6ofdvve||ingun its and
362 business entrances within the project must be located within l6 rni|e walk distance of
363 existing or planned bus transit stops.
364 r jf t h a t i t h a s a o v e d t t h a t i n r I u d e s � " Jfjr
365
366 '
367
360 Location of joroiect near existing neighborhood sholys, services, and facilities: The
369 project boundary must be within Xmile walk distance ofat least five (S) or within l6
370 mile walk distance of at least seven (7), of the diverse uses in the Diversity of Uses List in
371 Section S3.6of the Ordinance. Uses must include at least one use from each ofthe
A-404) 11/2012 Amendment Pa 14
zOz|4
377 situated in a single building or under a common roof; c) a single retail store of any type
378 may only be counted once even if it sells products associated with multiple use types.
379
380 Core Requirement 3: Significant Species and Ecological Communities
381 The Natural Area Inventory for New Hanover County shall be found on the New Hanover
382 County Planning Department's website. The Inventory was designed to identify the
383 highest quality natural areas and natural communities in New Hanover County. Only
384 Significant species are determined to be regulated under this requirement.
385
386 Core Requirement 4: Wetland and Water Body Conservation and Preservation
387 Long -term management plan —This plan must manage the identified resource for at
388 least ten (10) years and include biological objectives consistent with habitat and /or
389 water resource conservation. The plan should identify the following: a) procedures for
390 maintaining the conservation areas and personnel to carry out those procedures, and b)
391 estimated implementation costs and funding sources.
392
393 Core Requirement 6: Stormwater Management
394 The New Hanover County - City of Wilmington Joint Low Impact Development Manual
395 shall be downloaded from the New Hanover County Planning website. In order to meet
396 this requirement, a determination that the project is in fact a Low Impact Development
397 project, must be made by the County Technical Review Committee (TRC).
398 Representatives from the project are encouraged to meet with County Planning and
399 Engineering staff prior to submittal of the project to the County's TRC.
400
401 Additional Reauirement 2: Bicvcle and Pedestrian Access
gi � � . �:�� �� ,:��
4 2 c o ntinu ous n e w �d ,� l� �d n sist
a tid tidd HIS,
0 Bi cy cle ��
E E E E 6 -. 6 -. E 6 -.
403 g� u�g� l l u u� l u g� HIa�
404 trails tint least tint leas � ��� � �� � � �d � ��� ��� lid �� ti �d l� �� �-
6 - � E6 -. - 66 -. E -
405 � � h � t f
406 Dedestrian standards
407
408 Bicycle Storage for Multifamily Residential: In order to meet this requirement, the
409 project must provide secure bicycle racks on -site with at least one bicycle space per ten
410 (10) dwelling units and no fewer than four (4) spaces per project site.
411
412 Bicycle Storage for Retail: The project must provide secure visitor, customer and /or
413 employee bicycle racks on site, with at least one bicycle space per 5,000 square feet of
414 retail space, but no fewer than one bicycle space per business or four bicycle spaces per
415 project site, whichever is greater.
416
417 Bicycle Storage for Commercial Non - Retail: The project must provide secure employee
418 and /or visitor bicycle racks on -site with at least one bicycle space per 10,000 square feet
419 of commercial non - retail space but not fewer than four bicycle spaces per building.
420
A -404, 11/2012 Amendment Page 15
20-2-15
421 Additional Reauirement 5: Certified Green Buildin
422 Building certification must be completed by the applicable program's third party
423 certification program (i.e.: NAHB Green Building Certification must be conducted
424 through the local NAHB certification program).
425
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427 �, : �� �,��, r � r� ���� �,� �����,� ���r t� r r `� �, � �n�r« »fi��n��ti�r gµ � ����µ »fi�r���n »fi� �� ���� �
;'�� 4 - a.,g ffi _� a rw ynrk 4 - a rw - :Y
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-,� », „�, > rr,,,., m,,n. mr.. ,�rnnn.
428 »fi����� »fi�� �� ��°�:r� gµ ��,��`� � � �� � »fi�� d�nw�,»fi»fi gµ »fi ��� n �nw ti»fi��nn.�� � »fi
429
430 Vk /-A, S- » tA
431
.e. _ - �,,,,,,,: -
Z . as „ran: n ,,
432 �, r ����� �������� ���,� r r r r � �,� :� � »fi ti� gµ �n�� ti� »fi �d :� �� ti., n � »fi � � � � n �;
-
nxn nn.,.,. �hr n, R`ffiftYnn n .rr , erh.r: IMNNNNxtiA , r.,m. F„v» hr - n. -..r rr rciY4 ?4'r » »xrr s7mr IMNNNNrt "trrr fi r„ x. » - - .m. N'RRNNkxi�„nM SO.n tff Wx. r - ,.-., t, ,.,., r.,.,.,.,.n hn - r ItiNNNN.sf- nh ,.,.,.,rr e ri n {,nr flRN xxxxxxn .s nTfifiYnnnnn .m n, R`ffiftYn. r
4 33 »fi »fi � »fi `
33 � n � � � � :� � �
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434
3
435 E. �!!
436
437 Additional Requirement 11: Affordable Housing
438 For rental units, affordability must be priced for households earning 4_'C4 ' 6 % of the area
439 median income (AMI). Rental limits are calculated annually based on te HUD Standard
440 Income and Rent Limits table. For sale units, affordability will be based on sale price
441 limits established by the North Carolina Housing Finance Agency First -Time Home Buyer
442 Mortgage and Downpayment Assistance Program. (4/6/10)
A -404, 11/2012 Amendment
Page 16
20-2-16
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 21
DEPARTMENT: PRESENTER(S): Shawn Ralston, Planning Manager; and Chris
O'Keefe, Planning & Inspections Director (PB Rep: David Weaver)
CONTACT(S): Shawn Ralston, Planning Manager and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Text Amendment (A -406, 10/12)- Request by Staff to Amend Section 111 -2.1, 112.1 and 121 -3 to
Provide Clarification to Community Meeting Requirements and Notification Requirements
BRIEF SUMMARY:
Request by Staff to amend Section 111 -2.1, 112.1 and 121 -3 to provide clarification to the community
meeting requirements and notification requirements. The proposed changes establish uniform guidelines for
districts requiring notification for community meetings and other hearings. The guidelines also specify how
to notify rental property residents. At their October 4, 2012 meeting, the Planning Board voted 7 -0 to
recommend approval of the text amendment.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
Implement plans for land use, economic development, infrastructure and environmental programs
Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
A TT A VU IXTTC •
A -406 Script for Comm Mtg Notification
A -406 Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 3 -1, Commissioner Berger dissenting.
21 -0
ITEM # 21
SCRIPT FOR TEXT AMENDMENT A -406, 10/12
REQUEST BY STAFF TO AMEND SECTION 111 -2.1 112.1 AND 121 -3 TO PROVIDE
CLARIFICATION TO COMMUNITY MEETING REQUIREMENTS AND NOTIFICATION
REQUIREMENTS.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
21 -1 -1
A -406 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: STAFF
Staff proposes to amend Section 111 -2.1, 112.1 and 121 -3 to provide clarification to
community meeting requirements and notification requirements. oposed changes are in
red,"..
4!B1YPEt@FYPEt@FYPEt@FYPEt@Y:-
111 -2.1: Required community information meeting before consideration
Before an application will be accepted as complete for a zoning amendment for proposals
involving Planned Development, Riverfront Mixed Use District, Conditional Use Zoning
District Coi D g L11121
�r , p et iti oner must i nclude a
:::::::::::::. . . � the �
written report of at least one (1) community information meeting held by the petitioner. The
community meeting shall be held prior to submission of the application for map amendment but
a a spg�� � � The p r i mary p urpose of the
--------------- ----
community meeting is to explain the upcoming proposal and field questions from people in the
surrounding area.
n ��r� �.� e written notice ...... .............
- �, - ,
... � c c 1. : ------------------------- ma x.::::: ................................... . . ..
......... ....... ......
����� ��.e � �1 � ..�. organizations entitled
to notice based on a standing written request on file with the Clerk to the Planning Board
( "Sunshine "). The meeting should focus on information exchange between an applicant
and the specific invitees but should be open to the general public as well.
The report shall include, at a minimum the following a„f j,
(1) A list of those that were not able to be contacted and reason(s) why contact was not
successful
(2) Date, time and location of the meeting;
(3) Roster of the persons in attendance at the meeting;
(4) Summary of issues discussed at the meeting; and
(5) Description of any changes or adjustments to the rezoning petition made by the petitioner
as a result of the community meeting.
In the event the petitioner has not held at least one (1) meeting pursuant to this subsection, the
petitioner shall file a report documenting efforts that were made to arrange such a meeting and
stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed
pursuant to this section shall be considered by the Planning Board in its decision and by the
County Commissioners, as appropriate but shall not be subject to judicial review. (9/07)
21-2-1
Petitions
Section 112: Approval Process
112.1: (1) Whenever a zoning classification change or Special Use Permit is proposed, the
Planning and Inspections Department shall notify all owners of the subject tract and all owners
of all i parcels „„ „00 , rert - of the proposed classification change or Special Use
Permit by first class mail at the last address listed for such owner on the County tax abstracts. 11.
te.,intainls of ,� r r if
------ 2111 -------------- --------------------- ab .e. The person mailing such notices shall certify to the County Commissioners of that
fact. Notices shall be mailed no later than ten (10) days prior to the first scheduled public hearing
for the petition or application and shall contain adequate information to notify such owners of the
specific request of the petitioner /applicants as well as the time, date, and location of the public
hearing.
(2) Failure of any addressee to receive notification shall not in any way invalidate or affect
subsequent action on the petition or application unless due to failure to follow the above
notification requirements, in which case the County Commissioners shall determine the
appropriate remedy.
(3) No later than ten (10) days prior to each scheduled public hearing, the Planning and
Inspections Department shall post a clearly legible sign or signs on the property and /or its
approaches to indicate the time, date, and place of the hearing and how additional information
may be obtained. Sign location or locations shall be selected to insure visibility to neighboring
residents and passersby.
(4) In each of the two (2) calendar weeks preceding the County Commissioners' public hearing,
the Planning and Inspections Department shall publish in the local newspapers a Notice of Public
Hearing indicating the time, date, and place of the hearing and giving a brief description of the
rezoning and Special Use Permit proposals on the agenda.
Zoning Board of Adjustment
Section 121: Filing and Notice for an Appeal
121 -3: Notice - At least one (1) week prior to the date of the hearing, the zoning administrator
shall urns a . r err y � e �r � �r � � � � � , �� � .� ro ert owners ii i
+ p p y ,,, .............
�r�r err with written notice of the hearin erg ��r, ract ail.,cli
------------ ---------------------- ------ e c], Notice of Public
Hearing shall be published once a week for two (2) successive calendar weeks in the local
newspaper. Public notice may also be posted on the property concerned indicating the proposed
change and date of public hearing.
21-2-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 22
DEPARTMENT: PRESENTER(S): Shawn Ralston, Planning Manager; and Chris
O'Keefe, Planning & Inspections Manager (PB Rep: David Weaver)
CONTACT(S): Shawn Ralston, Planning Manager and Chris O'Keefe, Planning & Inspections Manager
SUBJECT:
Public Hearing
Text Amendment (A -407, 10/12)- Request by Staff to Amend Section 111 of the Zoning Ordinance to
Allow Petitions to be Resubmitted Within Twelve Months if Substantial Changes are Made
BRIEF SUMMARY:
Request by Staff to amend Section 111 of the Zoning Ordinance to allow petitions to be resubmitted within
twelve months if substantial changes are made. This amendment provides flexibility when applicants choose
to withdraw proposals after public notice is given or when substantial changes have been made to a petition.
The Planning Board voted 7 -0 to recommend approval of the item at their October 4, 2012 meeting.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
Implement plans for land use, economic development, infrastructure and environmental programs
Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
A rrrr e PUAIFivrrc.
A -407 Script for 111-3 Petition Amendment
A -407 Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
22 -0
ITEM # 22
SCRIPT FOR TEXT AMENDMENT A -407, 10/12
REQUEST BY STAFF TO AMEND SECTION 111 OF THE ZONING ORDINANCE TO
ALLOW PETITIONS TO BE RESUBMITTED WITHIN TWELVE MONTHS IF
SUBSTANTIAL CHANGES ARE MADE.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
22 -1 -1
A -407 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: STAFF
Staff proposes to amend Section 111: Petition, to provide flexibility when applicants choose to
withdraw proposals after public notice is given or when substantial changes have been made to
a petition. Proposed changes e are 'in red.
Section 111: Petition
111-3: Submittal Procedure
(1) All necessary forms are available from the Planning and Inspections Department. The
Department will upon request provide instructions, interpret applicable requirements and
discuss the compatibility of the proposed change with such requirements. Such assistance
shall not be construed as support for the proposal.
(2) Since major factors in considering a petition for a zoning map change are the impact of
the proposed change on the value of adjoining parcels and its compatibility with its
surroundings, petitioners for such changes are encouraged to consult with owners of
adjoining parcels and other potentially affected parties before submittal.
(3) Petitions must be received by the Planning and Inspections Department not later than
twenty (20) working days prior to the Planning Board meeting at which the application is to
be considered.
(4) After (".1 s �� n �,- n, y n x ,D n �� n �� f Y ("I'LL"'A""71 hi"ILS i()CCUrred 1(�)n. (,,t pet.,.i t.'i-on., new (,,.,Lpp al
n�y,�. n.� � n Y� present x s �� n ,..�y _ �y,�,� xs ri. ( �A`
s
d� . t.s d . .s l � �,� ,� . the , d d. � . , , .s . , d �,e �,.� w ithin twelve
�.. s. �. Y� n �.y � _ , � . �..., ".y d d s. �....,n �.y C- .Y� �.y .., �. Y� �.y . .. � -y s. �. �. n , .y been.
,N,,, ,,,.
Yl
1.
` If the last previous petition was withdrawn after the public notice for its scheduled public
hearing has been delivered to the newspaper under the provisions of Section 112 -1(4), d�
petiti.i.1-Yr-I.. be ("tccepted within twelve ('112.) 'LIA", clffl,'2 t1-1, S dy
A rezoning petition withdrawn before the public notice of scheduled public hearing
before the Planning Board has been delivered to the newspaper does not restrict the timing of
later petitions in any way.
All requests for continuances of proposals and petitions involving a change of zoning
shall be subject to the following policies:
(A) If an applicant requests that an item be delayed for consideration on the Planning
Board agenda, the request must be in writing to the Planning and Inspections Director
and must include the reason(s) for the requested delay. If the request is received
1. Prior to notice being sent to the newspaper for advertising, the Planning
and Inspections Director may remove it from the agenda and calendar it for
22-2-1
the next meeting. No additional fee will be required. Only one administrative
continuance is allowed per permit application.
2. After notice has been sent to the newspaper, the item will remain on the
agenda and the Planning Board will act on the request for continuance of the
item at the meeting. The Board is under no obligation to grant a continuance.
If continued, a fee in accordance with the adopted fee schedule will be
charged and the item will be rescheduled for the next upcoming meeting of
the board or some other date certain. If the applicant fails to appear at the
meeting or fails to pay the additional fee by the publication deadline, the
proposal will be deemed withdrawn, and a new application process will be
required.
(B) If an applicant requests delay of consideration from the Board of County
Commissioners agenda, the request must be in writing to the County Manager, copied
to the Planning and Inspections Director, and must include the reason(s) for the
request. If the request is received:
1. Prior to notice being sent to the newspaper for publication, the Planning
and Inspections Director will remove the item from the list of planning items
being sent for the Manager's agenda and calendar it for the next regular night
meeting. The Planning and Inspections Director will immediately cause
correction of the signage posted noticing the public hearing. A fee in
accordance with the adopted fee schedule will be paid to the NHC Planning
and Inspections Department to offset the cost of fuel and staff time to correct
the signage.
2. After notice has been sent to the newspaper, the item will remain on the
agenda and the Commissioners will act on the request for continuance of the
item at the advertised meeting. The Commissioners are under no obligation to
grant a continuance and may choose to hear the item and act on it. If
continued, a fee in accordance with the adopted fee schedule will be paid and
the item will be rescheduled for the next regular hearing meeting or some
other date certain. If the applicant fails to appear at the meeting or fails to pay
the additional fee by the publication deadline, the proposal will be deemed
withdrawn, and a new application process will be required. (9/07)
2
22 -2 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 23
DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and Chris
O'Keefe, Planning & Inspections Director (PB Rep: David Weaver)
CONTACT(S): Nicole Dreibelbis, Current Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe,
Planning & Inspections Director
SUBJECT:
Public Hearing
Rezoning Request (Z -918, 04/12) - Request by Walter Pete Avery on Behalf of Horn Road, LLC to
Rezone 2.49 Acres of Land and 1.70 Acres of Right -Of -Way from CD(O &I) Conditional Office and
Institutional to CDZ (B -2) Conditional District Highway Business (This item was continued from the
October 1, 2012 County Commissioners meeting.)
BRIEF SUMMARY:
At their September 6, 2012 meeting, the Planning Board voted 6 -0 to recommend approval of the request
subject to the conditions recommended by staff and further restricting the permitted uses to exclude: 1)
General Building Contractor with no outside storage; 2) Landscaping Contractors with no outside storage; 3)
Research Facilities; 4) Electrical Repair Shops; and 5) Indoor Recreational Facilities. The Planning Board
also recommended limiting Dry Cleaning or Laundry Plants to facilities with drop off and pick up only.
One adjacent property owner expressed concern regarding certain permitted uses in B -2, including electrical
repair shops, indoor recreation facilities and research facilities; and the maintenance of the buffer area if
privacy fencing is located within the buffer.
The site is classified as Urban according to the 2006 CAMA Land Use Plan.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the rezoning request subject to the following conditions:
(1) The dumpster location be placed as far away as possible from the northwest property;
(2) Installation of an eight- (8 -) foot fence along the northwest side of the property;
(3) In coordination with WAVE improve the existing transit site, fronting the subject property;
(4) Construction of sidewalks, fronting Carolina Beach Road and Horn Roads accessing the site to ensure
potential pedestrian safety and connectivity to the adjacent residential neighborhood;
(5) Exclusion of Funeral Homes including cremation services, Special Trade Contractor with no outside
storage, Landscape Services - maintenance and design or related services, General Building Contractor
with no outside storage, Landscaping Contractors with no outside storage, Research Facilities, Electrical
23 -0
Repair Shops, and Indoor Recreation Facilities from the list of permitted uses and limiting Dry Cleaning
or Laundry Plants to facilities with drop off and pick up only;
(6) Hours of access should be limited to avoid undue disturbance of the peaceful enjoyment of the
surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7 a.m.
to 9 p.m., consistent with the intent of Section 23 -34(b) of the County Code of Ordinances relating to
unlawful noise - generating activities in residential areas; and
(7) Strategic placement of lighting and equipping each light with cones directing the light downward,
minimizing the impacts on adjacent residential neighbors.
ACTION NEEDED Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior
to adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment
from CD (O &I) Conditional Use Office and Institutional to CDZ (B -2) Conditional District highway
business as described is:
1. Consistent with the purposes and intent of the Urban classification and Policy 4.3 of the 2006 CAMA
Land Use Plan.
2. Reasonable and in the public interest to rezone 2.49 acres of land of CD(O &I) Conditional Use Office
and Institutional and 1.70 acres of right -of -way to CDZ(B -2) Conditional District highway business,
consistent with the existing commercial node.
ATTACHMENTS:
Z -918 Script
Z -918 Staff Summary
Z -918 Petition Summary
Z -918 Adjacent Property Owners Map
Z -918 Zoning Map
Z -918 Zoning- Aerial Map
Z -918 Permitted Uses
Z -918 Current Site Plan -Admin Approved
Z -918 6 -2006 Site Plan
Z -918 6 -2006 Signed Order Z -840
Z -918 Proposed Site Plan
Z -918 Applicant Materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
23 -0
Item # 23
Script for Rezoning (Z -918) 04/12
Request by W. Pete Avery on behalf of Horn Road, LLC to rezone approximately
2.49 acres at 4832, 4836, and 4840 Carolina Beach Road from CD (O &I)
Conditional Office and Institutional and 1.70 acres of Right of Way from R -15
Residential to CZD (B -2), Conditional Zoning District Highway Business. The site
is classified as Urban on the 2006 CAMA Land Classification Map.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and an additional 5
minutes for rebuttal.
2. Open the Public Hearing:
a. Staff presentation
b. Petitioner's presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Petitioner's cross examination/rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Commissioners Discussion
5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit.
Do you wish to proceed or do you wish to continue the matter?
6. Vote on rezoning.
23 -1 -1
CASE: Z -918, 04/2012
PETITIONER: Pete Avery on behalf of Horn Road, LLC
REQUEST: Rezone from CD (O &I) Conditional Office and Institutional to CZD (B -2) Conditional
Zoning District Highway Business
ACREAGE: 2.49 Acres (Land) and 1.70 Acres (Right -of -way)
LOCATION: 4832 4836, and 4840 Carolina Beach Road
LAND CLASS: Urban
STAFF SUMMARY
Planning Board Action:
The Planning Board voted 6 -0 at their September 6, 2012 meeting to recommend approval of this item, subject to the
conditions recommended by staff and further restricting the permitted uses to exclude the following:
General Building Contractor with no outside storage
Landscaping Contractors with no outside storage
Research Facilities
Electrical Repair Shops
Indoor Recreation Facilities
The Planning Board also recommended limiting Dry Cleaning or Laundry Plants to facilities with drop off and pick
up only.
HT',qTORV--
The subject properties were rezoned from R -15 Residential and Office and Institutional to CD (O &I), Conditional
Use Office & Institutional on June 5, 2006. The proposal was subject to a site specific plan, which included the
development of two 8,750 square foot office buildings. The office buildings were limited in use to a barber shop;
office space for private business & professional activities; government offices; neighborhood drug store; bank, credit
agency or savings and loans office; and /or a printing office. The proposal was subject to two additional conditions,
including the installation of a six (6) foot fence along the northwest side of the property and that the dumpster be
located as far away as possible from the Wilson residence (also along the northwest side of the property).
The County Commissioners approval was based on an appeal from the Planning Board's, 3 -2, denial on May 4,
2006. The original proposal, denied by the Planning Board, was a request to rezone to CD (B -2) Conditional Use
Highway Business. In addition to traffic and safety concerns, there was strong community opposition expressed
during the public comment period and supplemented by a petition in opposition with fifty eight (58) signatures.
The approved site plan was modified administratively, under Section 71.1(a), on February 8, 2008 in order to
reconfigure the proposed office layout. There was a reduction of 800 square feet of office space and reconfiguration
of parking accommodations.
The Planning Board continued the most recent request to rezone 2.49 acres from CD (O &I) Conditional Use Office
and Institutional to B -2 Highway Business at their April 12, 2012 meeting.
Case Z -918, (04/2012)
Page 1
23 -2 -1
PROPERTY SPECIFICS The subject properties are accessed off of Carolina Beach Road, an urban principal
arterial roadway, located north of Antoinette Drive. The proposal includes three parcels, parcel I is addressed 4832
Carolina Beach Road, parcel II is 4836 Carolina Beach Road and parcel III is addressed 4840 Carolina Beach Road.
The development proposal encompasses a combined acreage of 2.49 acres of land and 1.70 acres of right -of -way.
All three tracts are owned by Horn Road, LLC.
CHARACTER OF THE AREA:
Current Zoninp, A conditional use district is established to address situations where a particular land use would be
consistent with the New Hanover County Land Use Plan and the objectives of the zoning ordinance but none of the
general zoning district classifications would allow that use.
The procedure is intended primarily for use with transitions between zoning districts with very dissimilar character
(i.e. R -15 and B -2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can
create a more orderly transition benefitting all affected parties and the community -at- large.
Further, the purpose of the Office and Institutional District is to provide areas where institutional uses, professional
uses and other uses compatible to uses of an office and institutional nature shall be encouraged to locate and to
provide protection for this type of land use from encroachment by other less desirable uses. The district's principal
means of ingress and egress shall be along collector roads, minor arterials, and /or major arterials as designated on
the County's Thoroughfare Classification Plan.
South of the subject properties, across Horn Road, fronting Carolina Beach Road is a pocket of existing B -2,
Highway Business. The B -2 zoning designation extends east, across Carolina Beach Road. However, north and west
of the subject properties the zoning transitions to R -15, medium - density residential.
Proposed Zoning The purpose of a conditional district is to address situations where a particular land use would be
consistent with the New Hanover County Land Use Plan and the objectives of the zoning ordinance and where only
a specific use or uses is proposed for the project.
This procedure is intended primarily for use with transitions between zoning districts of very dissimilar character
(e.g. R -15 and B -2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can
create a more orderly transition benefiting all affected parties and the community -at- large.
The purpose of a B -2 Highway Business district shall be to provide for the proper grouping and development of
roadside business uses which will best accommodate the needs of the motoring public and businesses demanding
high volume traffic. The district's principal means of ingress and egress shall be along collector roads, minor
arterials, and /or major arterials as designated on the County's Thoroughfare Classification Plan. (8/4/86) No B -2
District shall be less than five (5) acres in area.
The proposal is to construct a one - story, 8,320 square foot retail shell building and installation of fifty two parking
spaces to accommodate the use and future expansion. The proposed parking exceeds the thirty two parking spaces
required in Section 81 -1. The applicant also anticipates growth and illustrates a future expansion phase of 4,160
square feet of additional retail space.
TRAFFIC:
Carolina Beach Road is an urban principal arterial roadway. Access to the property will require driveway permits
from NCDOT. The ADT on Carolina Beach Road, north of Antoinette Drive, has decreased from 34,842 (20 10) to
29, 835 (2011). The portion of Carolina Beach Road fronting the subject properties has a LOS E, meaning the
Case Z -918, (04/2012)
Page 2
23 -2 -2
roadway is operating at design capacity and traffic is experiencing delays at intersections. The intersection of
Carolina Beach Road and Horn Road is not signalized.
The traffic impact worksheet, provided by the applicant, estimates the proposed freestanding retail development will
produce an AM peak of 10 trips and a PM peak of 63 trips. Therefore, a traffic impact analysis is not required.
COMMUNITY SERVICES:
Water /Sewer: The property is currently served by CFPUA.
Fire Protection: The property will be served by New Hanover County Fire Services.
Schools: School districts are determined by the New Hanover County Board of Education periodically. If the
request is granted, the use will not be residential, so no impact on schools is anticipated.
LAND CLASSIFICATION: The subject property is located in the southern portion of the county in an area with
an urban land classification.
The purpose of the urban classification is to provide for continued intensive development and redevelopment of
existing urban areas. Urban areas are typically already developed at a density approaching 1,500 dwelling units per
square mile. Urban services are already in place or scheduled within the immediate future.
ENVIRONMENTAL CONSIDERATIONS: The subject properties are located within the Barnards Creek
watershed drainage area which is classified as C; SW.
The properties do not have any conservation, historic, or archeological resources on site.
The soil maps indicate Leon Sand is the only soil located on the subject properties. Leon Sand is a Class III soil. It
has severe limitations and requires extensive modification and intensive maintenance.
PLANS AND POLICIES: Policy 4.3 of the 2006 CAMA Land Use Plan states the need to maximize effectiveness
of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they
serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas.
STAFF POSITION The revised proposal, which includes the right -of -way for both Carolina Beach Road and
Horn Road, meets the requirements of both the Conditional Zoning District and B -2 Highway Business District and
is located within an area classified as Urban according to the 2006 CAMA Land Use Plan. Further, the proposal is
estimated to have a minimal impact on traffic, is situated adjacent to commercial uses both south and east of the
subject site, and the proposed buffer will mitigate potential negative impacts to adjacent residential properties to the
north and west. Therefore, staff recommends approval of the rezoning request; however, recommends the following
conditions:
(a) The dumpster location be placed as far away as possible from the northwest property;
(b) Installation of an eight (8) foot fence along the northwest side of the property,
(c) In coordination with WAVE improve the existing transit site, fronting the subject property;
(d) Construction of sidewalks, fronting Carolina Beach Road and Horn Roads accessing the site to ensure
potential pedestrian safety and connectivity to the adjacent residential neighborhood;
(e) Exclusion of Funeral Homes including cremation services, Special Trade Contractor with no outside
storage, Landscape Services- maintenance and design or related services , General Building Contractor
with no outside storage, Landscaping Contractors with no outside storage, Research Facilities,
Electrical Repair Shops, and Indoor Recreation Facilities from the list of permitted uses and limiting
Dry Cleaning or Laundry Plants to facilities with drop off and pick up only;
(f) Hours of access should be limited to avoid undue disturbance of the peaceful enjoyment of the
surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7 a.m.
Case Z -918, (04/2012)
Page 3
23 -2 -3
to 9 p.m., consistent with the intent of Section 23 -34(b) of the County Code of Ordinances relating to
unlawful noise - generating activities in residential areas; and
(g) Strategic placement of lighting and equipping each light with cones directing the light downward,
minimizing the impacts on adjacent residential neighbors.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any
zoning amendment, the governing board shall adopt a statement describing whether its action is consistent
with an adopted comprehensive plan and explaining why the board considers the action taken to be
reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from CD (O &I) Conditional Use
Office and Institutional to CDZ (B -2) Conditional District highway business as described is:
1. Consistent with the purposes and intent of the Urban classification and Policy 4.3 of the 2006 CAMA Land Use
Plan.
2. Reasonable and in the public interest to rezone 2.49 acres of land of CD(O &I) Conditional Use Office and
Institutional and 1.70 acres of right -of -way to CDZ(B -2) Conditional District highway business, consistent with
the existing commercial node.
Case Z -918, (04/2012)
Page 4
23 -2 -4
Case Z -918 (4/12)
Rezone 2.49 acres of land at 4832, 4836, and 4840 Carolina Beach Road from CD (0 &1) Conditional Office and
Institutional and 1.70 acres of Right -of -way from R -15 Residential to CZD (B -2), Conditional Zoning District
Highway Business
Petition Summary Data
4832, 4836, 4840 Carolina Beach Road
Owner /Petitioner: Walter Pete Avery on behalf of Horn Road, LLC
Existing Land Use: CD (0 &1) vacant
Zoning History: Area 4 (April 7, 1971)
Land Classification: Urban
Water Type CFPUA
Sewer Type: CFPUA
Recreation Area Mary C Williams
Access & Traffic Volume: The ADT of Carolina Beach Road, North of Antoinette Drive, has decreased from
34,842 (2010) to 29,835(2011).The portion of Carolina Beach Road fronting the subject property has a LOS
of E, meaning the roadway is operating at design capacity and traffic is experiencing delays at
intersections.
Fire District: New Hanover County Fire Service District
Watershed & Water Quality Classification: Barnards Creek (C;Sw)
Aquifer Recharge Area: Recharge area of Sandhill aquifer -water table conditions.
Conservation /Historic /Archaeological Resources: No conservation, historic or archaeological resources.
Soils: Leon Sand is the only soil located on the subject properties.
Septic Suitability: Leon Sand is a Class III soil. It has severe limitations and requires extensive modification and
intensive maintenance.
Schools: Mary C. Williams
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 4
OF NE HANOVER CO UN O R
TY9 NTH CAROLIN
W A
ADOPTED April 7,1971
CASE: Z-840,05/06
fi L! I ki
Q 1 11 1,
T
Le Description for CD ( 0&1) Rezonin of
48 3 24 48 3 6 & 4840 Carolina Beach Road
Section 2. The Count Clerk is hereb authofized and directed under the supervision of the Count
Commissioners to Chan the Zonin Map No. 4 on file 'in the office of the Count C ssioners, so as to
make it compl with thig ordinance.
Section 3. An ordinance or an part of an ordinan=in conflict with this ordinance, to the extent of such
conflict'. is hereb repealed.
Section 4. This ordinance is adopted M' the interest of public health, safet morals and g eneral welfare of the
in ' full force and effect from and after Its
inhabitants of the Count of New Hanover, North Carol' a, and shall be in
adoption.
Adopted the 5th da of June 2006,
Robert G. Greer, Cliairman
A�
Clerk to the Board
23-10-1
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
*RD ER GRANTING A SPECIAL USE PERMIT
For Limited Usesin a CD (0&1)
7istlitution District
01"
The Count Commissioners FIND AS A FACT that all of the specific re set forth in
Section 72-27 of the Count Zonin Ordinance WELL be satisfied if the propert is developed in
accordance with the plans submitted to the Count Commissioners.
A. The subject propert is located within the M Grove VFD.
B. Public water and sanitar sewer will serve the site.
C. The subject propert is -not located 'in a 100- floodplain.
D. Accegs to the site is from Carolina Beach Road and Ho m- Road. Both roads are public,
3. a is the Count Cornmissioners' CONCLUSION that the proposed use DOES satisf the second
g eneral re listed in the Ordinance namel that the use meets all re conditions and
specifications. In support of this conclusion, the Commissioners make the followin FINDINGS OF
FACT:
4
A. Residential propert exists to the north and west of the proposed site.
B. No evidence has been presented that the 17,500 s facilities use will decrease the value of
adjoinin properties.
5. It is the Count Con-linissioners' CONCLUSION that the proposed use DOES satisf the fourth
g eneral re listed in the Ordinance, namel that the location and character of the use if
developed accordin to the plan as submitted and approved will be in harmon with the area in which
23-10-2
it ig to be located and in g eneral conformit with the plan of development for New Hanover Count
In support of this conclusion, the Commissioners make the followin FR\TDINGS OF FACT.-
A. The 2006 updated New Hanover Count Comprehensive Plan classifies the site as Urban.
V. Presentl the propert is vacant.
e"
The present zonin for most of the propert is 0&1 Office and Institution.
because the Count Commiss'
a 1 1 s
Therefore, ioners conclude tht all of the g eneral speeffic cond'tion-
precedent to the issuance of a SPECLkL USE PERMIT HAVE been satisfied IT IS ORDERED tha)
the application for the issuance of a SPECLkL USE PERMIT ]BE GRANTED sub to the followin
condition -
E1 1111111" Pill 1111111!
B. That the dumpster be located as far awa as possible from the Wilson residence (northwest side"'
C. That
r, foot shadow box fence be 'installed alon the northwest side of the propert
Ordered this 5t" da of June 200J.
Robert G. Greer, Chairman
CleR to the Boaxd
23-10-3
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1. How would the re chan be consistent with the Count Policies for Growth and DevelopmentT.
2. How myould the re zone chan be consistent with the propert classification on the Land Classification
MaP9
SEE ATTACHMENT A
3. What si nei chan have occurred to make the ori zonin inappropriate, or how is the land
involved unsuitable for the uses permitted under the existin zonin
WR I UMM
23-12-2
4 . How will this chan of zonin serve the pd*
E' ATTA � �' $ J �' C, 1 � 5��.
9
In si this petliti & on, I understand that the exiistin zonin map is presumed to be correct and that I have the
burden of provin wh a chan 'I's in the public 'Interest. I further understand the slin out of one parcel of land for
1 0
special zonin treatment unrelated to Count pollielies and the surroundin nei would probabl be 'Ille I
certif that thlis appIleaftion 'is complete and that all linformatilion presented in thi's application 'i's accurate to the best of
m knowled 'Information, and bellieL
Si of Petitioner and/or Propert Owner
0131�1111 �, IM
23-12-3
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23 -12 -4
23 -12 -5
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• R07100-002-003-000
THE CURRENT PROPERTY OWNER OF RECORD IS HORN ROAD LLC, A REGISTERED LIMITED LIABILITY
COM PANY A
23-12-8
Horn Road, LLC
380 7 Pea c. h, tre. e Ave: ti ue, Suite 200
Wilmin NC 28403
910-395-6036
Bein the appointed A of the propert owner Horn Road LLC, I am provid'in- the
attached revised Zonin Map Amendment application and supportin documents for the above
referenced properties.
r
23-12-9
Sincerel
Walter Pete Avery
A for Horn Road, LLC
23-12-10
23 -12 -11
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Traffac Impact Worksheel
PROJECT NANIE To be determ:11-ned
PROfECT ADDR]ESS 4832,41136 & 4840 Carolina Beach Road
GROSS FLOOR AREA :L:1400 —s fto
■
11,11IN170,17MI
Avera DaLl Traffic (Date) US 421: 29385
f
_ JEVF i R
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_ MANUAL
. rRA c:rFNERATION ESTDAATE
*rfH Montiril available ;TL Pfflumillg DCPUI 1131CIII
-andin Reba "I and Shops
IF reest
USE AND VAIUADLESVI
('Example: Rac Club; 8 courts; Saturda peaks)
calc Hour estimate corfflrmed b Plaiming & ZOning on
B
5=
23-12-14
Weekda Peak AM: Avera 1000 S GFA
T = 10 Av
Weekda Peak PM: Avera 1000 S q .Ft. GFA
T = 63 Av
Anticipated Built-out Trips
I( (Weekday) = 699 Av
T (Weekda Peak AN) 10 Av
T (Weekday Pea-k PM) 63 Av
Note: Based on the- Institut.'e of Transportation En Trip Generation
01
manual, 7th Edition, the weekda peak hour varied between 1.0.-OO AM and
A -Id 3:00 PM.
t: 0 0 P M. Th e weekend peak hou r va ried betwee n 11 00 AM a i
W'v
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IN
23-12-15
M 1,
U&I I I I IIETC: i � n I&I ol f I W,
To : New Hanover Count Plannin Department
DATE.,, Au 1,, 2012
R E Zonin Map Amendment as Revised Z-918, 04-12
Re Communit Meetin
(roster) from theme tin
I . . . . . . . . . .
arnber r
ti
23-12-16
INZ91-1-uw-
Hom Road, LLC
3807 Peachtree Avenue., Suite 200
Wilmin NC 28403
910-395-6036
On behalf of Horn Road LLC I will be submittin a revised zonin map amendment application to New
Hanover Count for the properties referenced above. The application seeks to rezone 2.49 acres of land
and the ad road ri to Conditional District B-2 Hi Business CDZ (B-2) from
.C.onditional Use District Office and Institution CD(O-I). The propert is indicated b the b the y ellow
shaded area on the attached tax parcel map.
Prior to m submittin the application, a g eneral communit meetin will be held and y ou and/or an
other interested person(s) are invited. The purpose of this meetin is to obtain comments from folks in
the area with respect to plans for development of the properties.
...............
; later than 7:30 PMV
If y ou are not able to attend but have comments or q uestions, feel free to contact me directl at 910-
395-6036.
23-12-17
Ad and Nearb Propert Owners
Horn Road Rezonin
I-Jason Harr Burkhardt Etal
92 Horn Road
Wn NC 28412
-7-Shawn and Carol Stovall
1007 Winterberr Circle
Leland NC 258451
3-Terr Miller Etai----
627 Loreauville Driv-.,-4,
Suppl NC 28462
4-Walter Winter
1105 Harborwa Plac
Wilmin NC 284051
S-Unda Coite
4819 Lon Branch Dr
Wilmin NC 28412
6-Camilla L. Downin
4822 Carolina Beach Road
Wilmin NC. 28412
7-Robert and Norma Dowin
,, 830 Carolina Beach Road
Wilmin NC 28412
8-Debra Wilson
4,828 Carolina Beach Raoad
Wilmin NC 28412
9-Esplanade Unit Owners Assoc-
4�837 Carolina Beach Road
Wilmin NC 28412
10-Martin Self Stora Centers
4.851 Carolina Beach Road
Wilmin NC 28412
ape �ear Auto Finance
4. 905 Carolina Beach Road--
Wilmin NC 28412
12-PCJ-*wners Associatior-.,
PO Box 1930
Wilmin NC 28402
13-Fisher Holdin LL
1608 Market Street
Wilmin NC 284011
14-Courtne Moser
110 Ra Drive
Wilmin NC 28412
15-Jerold and Terr Beavers
114 Ra Drive
Wilmin NC 28412
16-Lorraine D. Gerritz Eta
118 Ra Drive
Wilmin NC 28412
17-Robert and Diane Zenz
122 Ra Drive
Wilmin NC 28412
18-Joshua Dufort
101 Horn Road
Wilmin NC 28412
19-Anne M. Parker Revocable Trust
102 Horn Road
Wilmin NC 28412
23-12-18
Yhe meetin was convened at 6:40 PIVI. See Exhibit 1 C for a list of citizens who attended the meetin"-
Displa provided: the existin approved plan and the plan showin the chan proposed. I
Pete Aver A for the owner of the propert (Horn Road LLQ, introduced himself alon with Jason
Swain, representin Swain and Associates and Mont Recoulle a member of the aforementioned Lb#
that owns the propert proposed for rezonin
Al"' '011'i IZI,
14-k
operation
The differences in the volume of new traffic that would be g enerated.,
The location and width of buffer y ards and the placement of perimeter fencin
Access to the propert from Horn Road and Carolina Beach Road,.
For the most part, there was little opposition to the proposed chan However, the folks attendin
id want to know the name of the business and to better understand uses to be included and exclude.
23-12-20
MEN"m
Commulit Meetin Roster of Aticmdecs
Discussion of Zrin ing Anne nd ment f or Properflies at 4,937., 4836 & 4840 Ca rol ina S'each Road
23-12-21
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 24
DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner; and Chris O'Keefe,
Planning & Inspections Director (PB Rep: David Weaver)
CONTACT(S): Sam Burgess, Senior Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe,
Planning & Inspections Director
SUBJECT:
Public Hearing
Special Use Permit Request (S -606, 09/12) - Request by Stephen Ohm on Behalf of Security Savings
Bank to Obtain a Special Use Permit to Establish a Convenience Food Store at 5111 Carolina Beach
Road (This item was continued from the October 1, 2012 County Commissioners meeting.)
BRIEF SUMMARY:
At their September 6, 2012 meeting, the Planning Board voted 3 -3 on the petitioner's request to establish a
drive -thru convenient mart facility in an Office and Institutional District adjacent to residential. One person
provided a letter siting no objection. Five people spoke in opposition to the request, citing concerns about
traffic safety and congestion, noise, lighting, operating hours, and negative impact on property values.
The property is located in an O &I Office and Institutional Zoning District at 5111 Carolina Beach Road and
is classified as Urban on the 2006 CAMA Land Classification map.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff suggests that the project does not satisfy the required findings necessary for a Special Use Permit.
Evidence in the record suggests that the proposed use, if developed according to the plan, will not be in
harmony in the area in which it is to be located. The proposal offers a stark contrast to the existing residential
character surrounding the property, and does not offer a transition from the existing residential development
to the proposed business. The intent of the proposed business is to provide a drive -thru convenience store for
motorists passing by an otherwise residential area. Further, the Office and Institutional District is intended to
provide for land for institutional uses and professional office uses and to provide "protection for this type
land use from encroachment by other less desirable uses ". This use is not consistent with that statement.
ACTION NEEDED: (Choose One)
Use the Script/Worksheet to make findings and
1. Grant the special use; or
2. Add conditions to the special use; or
24 -0
3. Deny the special use on the grounds that the Findings of Fact violate one or more of the four criteria.
ATTACHMENTS:
S -606 Script
S -606 Staff Summary
S -606 Petition Summary
S -606 Adjacent Property Owners Map
S -606 Zoning Map
S -606 Zoning- Aerial Map
S -606 Proposed Site Plan
S -606 Applicant Materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved Option 2 with conditions 3 -1, Chairman Barfield dissenting.
24 -0
ITEM# 24
SCRIPT FOR SPECIAL USE PERMIT S -606, 09/12
Request by Stephen Ohm on behalf of Security Savings Bank to obtain a special use
permit to establish a convenience food store. The property is located in an O & I
Office and Institutional Zoning District at 5111 Carolina Beach Road. The site is
classified as Urban on the 2006 CAMA Land Classification Map.
Swear in witnesses
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Open the Public Hearing:
a. Staff presentation
b. Applicant' s presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Commissioner Discussion
5. A Special Use Permit which is denied may only be resubmitted at the discretion of the Planning
Director. You may ask to continue the matter. Do you wish to do so?
6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions.
7. Vote on the special use permit.
In Motion to grant the permit -All findings are positive.
In Motion to grant, subject to conditions specified below:
(State Conditions)
In Motion to deny because, if completed as proposed, the development more
probably than not:
13 a. Will endanger the public health or safety for the following reasons:
[D b. Does not meet all required conditions and specifications, in particular:
c. Will injure the value of adjoining or abutting property in the following way:
d. Will not be in harmony with the area in which it is located for the following
reasons:
24 -1 -1
SPECIAL USE PERMIT: Drive - Through Convenience Food Store in an 0&1 Zoning District
5 -606, 09/12
Petitioner: Stephen Ohm (Palsy Investments, LLC)
Acreage: 1.69
Location: 5111 Carolina Beach Road
The applicant proposes locating adrive- through convenience store in an area zoned Office and
Institutional (O &I). The zoning ordinance allows convenience stores in O &I zoning districts with a special
use permit. The following findings must be positive to satisfy the special use permit requirements.
Planning Board Action
At their regular meeting on September 6, 2012, the Planning Board voted 3 -3 on the petitioner's request
to establish a drive -thru convenient mart (facility) at 5111 Carolina Beach Road. Several adjacent
residents spoke and shared concerns with the Board that included traffic congestion, driver safety
executing left movement turns through a median cut across from the proposed facility, devaluation of
property values, facility lighting, noise, existing services already in place, and aesthetics.
Findings of Fact:
1. The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Cape Fear Public Utility Authority's
(CFPUA) jurisdiction. According to the CFPUA, public water and sewer capacity
are available.
B. Access to the property is from Carolina Beach Road (US Highway 421 South).
The ADT just north of Monkey Junction has decreased from 34,842 (2010) to
29,835 (2011). The LOS near the proposed use is E meaning the roadway is
operating at design capacity. The section of Carolina Beach Road between
Archmill and Antoinette is the 15th most dangerous road section in New
Hanover County.
C. NCDOT is proposing to close the median cut across from the proposed facility
(Carolina Beach Road Median Project W- 5103). According to NCDOT, the time
horizon to begin this work has not been determined.
D. The property will be served by the New Hanover County South Fire District
E. The site is not within the 100 year flood zone.
F. The subject property is presently vacant with the exception of a small shed
near the northwestern portion of the property. The shed is proposed to be
removed.
G. No gasoline sales or storage is proposed.
Staff Suggestion: Evidence in the record at this time indicates that the proposed use may materially
5 -606 09/12
1
24-2-1
endanger the public health or safety where proposed. The proposed use is intended to provide fast
and convenient shopping to patrons driving cars along Carolina Beach Road, however, the proposal
is located at an un- signalized intersection that was not designed to handle left turns exiting from the
proposed location. This section of Carolina Beach Road is already one of the most dangerous road
sections in the County. The proposed Median Project may reduce the risk of accident at this
location when it is constructed.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The subject property is presently zoned 0 &1. The purpose of the 0 &1 zoning
district shall be to provide areas where institutional uses, professional office
uses and other uses compatible to uses of an office or institutional nature shall
be encouraged to locate, and to provide protection for this type land use from
encroachment by other less desirable uses.
B. The 0 &1 zoning district allows for convenience food stores by special use
permit.
C. The petitioner's site plan proposes a convenience food store facility consisting
of a total of 2,760 square feet with a twenty (20) foot wide drive - through
traversing the retail space of 1,600 square feet. A building height of eighteen
(18) feet is also displayed on the site plan.
D. The facility has direct access onto a public street maintained by NCDOT in
accordance with Section 72 -26(1) of the Zoning Ordinance.
E. Buffer yards and setbacks to protect adjoining residential property displayed on
the site plan appear to meet Section 67B of the Zoning Ordinance.
F. Parking displayed on the plan appears to meet Section 81 of the Zoning
Ordinance.
G. No conservation resources, cemeteries, or archaeological sites exist on the
property.
Staff Suggestion: Evidence in the record at this time indicates that the proposed use does not meet the
intent of the 0 &1 zoning district as described in the Zoning Ordinance. The proposed use, a drive -thru
convenience store, is not a use considered as office or institutional as prescribed by the 0 &1 zoning
district. The inclusion of a convenience store would be appropriate in an office and institutional district
if it was providing convenience shopping to office and institutional uses within the district. This type of
use is permitted by right in the commercial and industrial districts.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. The proposed use is allowed in an 0 &1 zoning district by special use permit.
B. A residential neighborhood abuts the proposed property to the northwest and
northeast.
C. No evidence has been submitted to date that the project proposal will decrease
property values for residents who live nearby.
Staff Suggestion: There is no evidence in the record at this time indicating that the proposed use will
5 -606 09/12
2
24 -2 -2
substantially injure the value of adjoining or abutting property.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development for New Hanover County.
A. Convenience stores are permitted by special use permit in 0 &1 zoning districts.
B. The adopted 2006 Land Use Plan identifies this site as Urban.
C. The proposed facility is a convenience store. The proposal abuts established
single family houses to the south and multi - family development to the north
and west.
Staff Suggestion: Evidence in the record suggests that the proposed use, if developed according to the
plan, will not be in harmony in the area in which it is to be located. The proposal offers a stark contrast
to the existing residential character surrounding the property, and does not offer a transition from the
existing residential development to the proposed business. The intent of the proposed business is to
provide a drive -thru convenience store for motorists passing by an otherwise residential area. The
Office and Institutional District is intended to provide for land for institutional uses and professional
office uses and to provide "protection for this type land use from encroachment by other less desirable
uses ". This use is not consistent with that statement.
Staff Conclusion: Findings of fact indicate that the proposed project does not meet the required
findings necessary for a Special Use Permit.
Suggested Staff Conditions (if Special Use Permit is approved)
• A NCDOT Driveway Permit along with encroachment agreements and other associated road
improvement costs are recommended.
• Low level lighting to mitigate light pollution to adjoining neighborhoods is recommended.
• Hours of operation should be limited from 7:00 a.m. to 10:00 p.m.
• The sale of gasoline should be prohibited.
• Dumpsters should be placed away from adjoining neighborhoods and screened from view.
• A pedestrian sidewalk and bus transit shelter near the proposed facility should be considered.
Note:
A Special Use Permit is a quasi - judicial process requiring an evidentiary hearing and findings of fact.
Action Needed (Choose One)
1. Motion to approve with or without conditions
2. Motion to table the item in order to receive additional information or documentation —
specify information needed.
3. Motion to deny based on specific findings in any of the four categories noted above, such as
lack of consistency with adopted plans or determination that the project will pose public
hazards or will not adequately meet requirements of the ordinance.
5 -606 09/12
3
24 -2 -3
Case S -606 (09/12)
Special Use Permit to construct a convenience store in an 0&1 Office and Institutional Zoning District
Petition Summary Data
Parcel Location & Acreage 5111 Carolina Beach Road, 1.69 acres
Owner /Petitioner Palay Investments, LLC
Existing Land Use Vacant
Zoning History Area 4 (April 7, 1971)
Land Classification: Urban
Water Type Public
Sewer Type Public
Recreation Area: Arrowhead Park
Access & Traffic Volume Carolina Beach Road
Average Daily Trips (ADT) on Carolina Beach Road (Just North of Antoinette Drive) have decreased from
34,842 (2010) to 29,835 (2011)
Fire District New Hanover County South
Watershed & Water Quality Classification Motts Creek
Aquifer Recharge Area Primary (blend of Castle Hayne & Pee Dee Aquifers)
Conservation /Historic /Archaeological Resources None
Soils Stallings
Septic Suitability Marginal
Schools Codington Elementary
24 -3 -1
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(AD
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Petitioner Information
Subject Propert
Name
Owner Name
Address
Stephen Ohm
Securit Savin Bank
5111 Carolina Beach Road
Compan
Owner Name
Parcel ID
Pala Investments, LLC
R07100-003-067-000
Address
Address
Area
6123 L Road
300 North Howe St
1.69 AC
i State, Zip
C49
Cit State, Zip
Existin Zonin and Use
Wilmin NC 28409
Southport, NC, 28461
0&1 / Vacant
- Thone
Phone
Proposed Use
336-260-1603
910-457 -5246
Convenience Store
Email
Email
[ Classification
spo4321@
Mg
PLEASE READ SECTIONS 70 and 71 of the Zonin Ordinance prior to submission. For hi densit residential projects,
ff ,-.-,Iease also refer to the Hi Densit application and also note the proposal must be reviewed b the Technical Review
Committee prior to submission for consideration b the Plaimin Board.
M �M
24-8-2
1 41
VI �11E' 40 11
IJ
Applications for Special Use Permits (other then for sin famil dwellin on individual lots) are first referred to the New
Hanover Count Plannin Board for reconunendation to the Count Commissioners. The Commissioners make final action on
the permit application 'in a q uasi- j * udicial public hearin
Complete petitions and all supplementar information must be accepted b Plannin & Zonin twent (20) workin da
before the Plannin Board meetin to allow ade time for processin and advertisement as re b the North
Carolina Gen
POJannlin Board meetin are held on the first Thursda of each month at 54-30PM in the Commissioner's Assembl Room at the
Old Count Courthouse, at Third and Princess Streets, Wilmin North Carolina.
Applications for sin dwellin includffi mobile homes, on individual lots must be accepted b Plannin & Zoninj
iwent (20) workin da before the re scheduled Commissioners meetm* Applications for sin dwellin
on individual lots do not re planni'n board review. I
S Use Permit
pil
Intge OUT
General Re #1
The Board must find "that the use will not materiall endan the public health or safet if located where proposed and
developed accordin to the plan as submitted and
®"
General Re #2
The Board must find "that the use meets all re conditions and specifications" of the Zonin Ordmiance".
With the help of the count we will work to make sure that we met all the re conditions of
the Zonin Ordinance as we g o throu the development process.
MOMMI
24-8-3
General Re #3
The Board must find "that the use will not substantiall injure the value of ad or abuttmi propert or that the use is a
public necessit
General Re #4
The Board must find "that the location and character of the use if developed accordin to the plan as submitted and approved
w ill be in harmon with the area in which it is to be located and in g eneral conforrnit with the plan of development for New
I 1 1 1 1
Hanover Count
Me ��
24-8-4
SITE PLAN CHECKLIST
Check each item to con that IS included. Applieation will not be deemed complete without addressin each itenL
Tract boundaries and total area, plus location of adjoinin land parcels and roadwa
f
Existin zonin of the tract and nei parcels and proposed tract zonin
9 proposed use of land, structures and other improvements. For residential uses, this shall include number, hei and t of units and
s 'te plan outfin'
I i in area to be occupied b each structure and/or subdivided lot boundaries. For non-residential uses, this shall include
a I
approximate s foota &-id hei of each structure, an outline of the area it will occu and the specific purpose for which it
will be used.
Development schedule includin proposed phasin
Traffic and Parkin Plan to include a statement of impact concemin local traffic near the tract, proposed ri dedication.
plans for access to and from the tract, location, width and ri for internal streets and location, arran and access
M"m �, I F"'J M
[JAll ffi 9
existin and proposed easements, reservations, re setbacks, ri bufferin and si
[2"The one hundred (100) y ear floodplain line, if applicable
t A
re of Pet*t*
i ioner and/or Propert Owne7A
Print Name'
OMMM
24-8-5
Wilmin Re Association of REALTORSO - New Hanover Count Tax Report -... Pa 1. of 2
S CANNED
Wilmin Re Assoclaflion ot REALTOR40 - IMAPP -
New Hanover Count Tax Report - 5111 CAROLINA BEACH RD, WILMINGTON, NC 28412-2516
PID # '7' j"
i 11"'Ll"
® Mq&NI mmalft a ill IMEMIME
PIN (Aft ID)I-m 313410.26.9421.000
Propert Use-
IftQviiiiiii'm
Subdivision.
OVERTON DIVISION
Propert T Residential
Propert lUldresso
Sin Famil Residential (10)
Le Description:
5111 CAROLINA BEACH RD
Land Areasila
(1.65 AQ TRACT B OVERTON
DIVISION
WILMINGTON NC 28412-2516
1. 1 FAMILY RESIDENTIAL / 10
Current Owner:
Lot Size: 1.69 acres / 73,659 sli
SECURM SAVINGS BANK
Zonin 0&1
Latitude.a 34.14723 Lon -
Tax Mailin Address:
77.89965
101 N HOWE ST
SOLiORT,, NC 28461-3813
Phone: ( 910 ) 792-1101
( see phone use disclaimer below
. . ..........
TAX VALUATION INFORMATION
20 2009 Final
2010 Final 2011 Final
2012 R rerlm
Buildin Vallue:
$76 198 $0
$0 $0
$0
Extra Feature Value:
$4, "
$4..084 $4,
$6
A Value:
Land Value:
$149,006 $149,006
$149,006 $149,
$320,600
Just Market Valluelle
$229,,288 $153,
$153,090 $153,
$327,400
Percent Chan
n/a - -33.23%
0% 0%
113-86%
Total Assessed Value.
$229 $153,
$153, $153,
$327
Total Exemptions:
Taxable Value:
$229, $153,
$153,090 $153
Tax Amount:
$1, $784.58
$804.48 $815.97
-n/a-
A
SALES INFORMATION
. . . . - ......... 1.1
IF= Eff
Wilmin Re Association of REALTORSO - New Hanover Count Tax Report -... Pa 2 of 2
Deed T
Sale Date Price Qualifiers Document #
Grantor
TD
11 $42 I Q l3k 5527/P
1886 YATES JESSE G III MELISSA L
Mcwb Amount:
Terms: % / y rs Document # Bk 5527/Pg 1886
05131/2006 $390,,000 Bk 5030/P 940 TRAN NAM VAN ; NGUYEN HUONG M
f4a" Anmunt:
$249,000 Terms: 0.00000% j yrs Document # Bk 5030/Pg 940
WD
11Q0/2001 1000 V U Bk 31ZVPg
222 ELIZABETH PROPERTIES INC
rLWD
01/01/zQ01 $0 V U B 24
2 * NOT IN SYSTEM
01/0 $0 V U Bk 232/Pg
245 * NOT IN SYSTEM
I
k—
10/13/1995 $135,000 1 Q l3k 19WP
874 OVERTON VIRGINIA T HRS
1
1212511994 $0 V U l3k 9995/p
E010 OVERTON VIRGINIA T
�06
01/01/1993 $0 V U l3k 990
193 OVERTON I I VIRGINIA T
a Mi V4
IL
■
I M I i L
Ali] 10401(0117,4#411 11F71157 -I
Napp, Inc 2012 1 Information is believed accurate but not g uaranteed and should be independentl verified. I Powered b Pf; 'V
Telephone numbers ma appear on the FTC/FCC national do not call re Callers must check telephone numbers a the re before
o comply makin sales calls.
%Nf U
Fines fbr failure t ma reach $11, See o a 0 0- tcO m.v fbr details.
http://wrar.'i'mapp.com/i'li*nks/ .9up'ln=US&7-la9R07100003067000&report--tax&v*iew 8/7/2012
Wilmin Re Association of REALTORSO - New Hanover Count Tax Report .... Pa I of 2
Wilmin Re Association of REALTORS@ - IMAPP
New Hanover Count Tax Report - 5111 BE
9"PI
lust Market Value:
Percent Chan
iI - �7 Value:
-;otal Exemptions:
i-axable Value:
Tax Amount:
$149,
$149
$149,006
$149,006
$320,600
$229,288
$153,090
$153,090
$153,090
$327,400
® n/a -
-33.23%
0%
0%
113.86%
$229,1
$153,
$153,090
$153,090
$327,
$229,288
$153
$153,090
$153,090
$1,152.17
$784.58
$804.48
$815.97
-
. .................. .....................
...........
2008 Final 2009 Final
2 010 Final 2011 Final 2012 Prelim
Buildin Value:
$76 $0
$0 $0 $0
Extra Feature Values.
$4, "w
$4 $6
9"PI
lust Market Value:
Percent Chan
iI - �7 Value:
-;otal Exemptions:
i-axable Value:
Tax Amount:
$149,
$149
$149,006
$149,006
$320,600
$229,288
$153,090
$153,090
$153,090
$327,400
® n/a -
-33.23%
0%
0%
113.86%
$229,1
$153,
$153,090
$153,090
$327,
$229,288
$153
$153,090
$153,090
$1,152.17
$784.58
$804.48
$815.97
-
!I, I III Ilk 111 1111 4
E3 Fitesiderfid 1-73 A E; , lierd "u "I Vizier
MP Citmimerciall
IndUsidel
0 Other
Wilmin Re Association of REALTORS9 - New Hanover Count Tax Report -... Pa 2 of 2
iMapp,, In 2012 1 Information is believed accurate but not g uaranteed and should be independentl verified. I Powered b Pm&,)Ut'
Telephone numbers ma appear on the FTC/FCC national do not call re Callers must check telephone numbers a the re before
makin sales calls.
1 1
Fines flor failure to compl ma reach $11,,000. See At'4)41U!IonvUW un", Wn aH fbr details.
il l 111 li 1111 � 1111 19
ipul 11101r"114114'
F oFl 0
TD
11/01/2010 $42,000 I Q l3k 5527/P 1886 YATIES JESSE G III MELISSA L
I Mortgage Amount
Terms: % / y rs Document # Bk 552 1886
05/31/2006 $390,000 l3k 5030/P 9M TRAN NAM VAN . NGUYEN HUONG
MoVage Amount:
$MOOD Terms: 0.00000% YM Document * Bk 5030/Pg 940
WD
11/W12001 $260,000 V U Bk 31WP 222 ELIZABETH PROPERTIES INC
WD
OV01/2001 $0 V U Bk 240/P 285 * NOT IN SYSTEM *
01/01/2001 $0 V U Bk 232/P 245 * NOT IN SYSTEM *
D
10/13/1995 $135,000 1 Q Sk 19WP 874 OVERTON VIRGINIA T HRS
OB
lZt2511994 $0 V U l3k 9995/P E010 OVERTON VIRGINIA T
OB
OVO l3k 9901/Pg 193 OVERTON 3 1 VIRGINIA T
111993 V U
P17 79#TM I
Ilk
,MLAZM
to
iMapp,, In 2012 1 Information is believed accurate but not g uaranteed and should be independentl verified. I Powered b Pm&,)Ut'
Telephone numbers ma appear on the FTC/FCC national do not call re Callers must check telephone numbers a the re before
makin sales calls.
1 1
Fines flor failure to compl ma reach $11,,000. See At'4)41U!IonvUW un", Wn aH fbr details.
il l 111 li 1111 � 1111 19
ipul 11101r"114114'
a
P ositive addition to the communit
24-8-10
f i ll
If we obtain the special use permit on October l't, a
rou timeline- of development to create our drive throu
convenience store would be as follows.
We would estimate a g rand openin 'in the June-Jul 2013
timeframe.,
24-8-11
Please note that for q uasi- j udicial proce'edin either the land owner or an attorney
must represent the case at its public hearin
4"AR4 , �41rm
This agency agreement shC continue M" effect until written notice of revocation b the owner is delivered
to New Hanover Count
This the, da of 20 R,
A Nane, Address, Email & Telephone Si of Owner (s',
JI
Tknvnt or T
. .........
FIIWFTTW
24-8-12
N&T #12066
Traffic Impact Worksheet
!�ROJECT NAME The Monke Market
!�ROJECT
A ' a ad -
DEVELOPER/OWNER Securit Savin Bank
EXISTING ZONING 0&1
17 D
M 1 11 1 1 ,11 1 ,
NEAR.EST INTERSECTION Carolina Beach Rd. / S. Colle Rd,
VIA
Avera Dail Traffic (Date)__ Attached Latest NC DOT 201 Traffic Cou n' t8l
LEVEL OF SERVICE (LOS
I
ITE MANU. AL TRAFFIC GENERATION ESTIMATE
*1TE Manual available at Planning Dcoanment
0
David Leonard / AC DOT
I ed b Plannin Department on
a
(D,rate)
24-8-13
24 -8 -14
Summar of Trip Generation Calculation
For 1.6 Th.Gr.S of Convenience Market (Open 15-16 Hours)
Au 08, 2012
IV 1:91 Nowao
24-8-15
Avera
Standard
Ad
Drivewa
Rate
Deviation
Factor
Volume
Av Weekda 2-Wa Volume 0.00
0.00
1.00
0
7-9 AM Peak Hour Enter
15.51
0.00
1.00
25
7-9 AM Peak Hour Exit
15.51
0.00
1.00
25
7-9 AM Peak Hour Total
31.02
24.36
1.00
50
4-6 PM Peak Hour Enter
16.94
0.00
1.00
27
4-6 PM Peak Hour Exit
17.63
0.00
1.00
28
4-6 PM Peak Hour Total
34.57
17.61
1.00
55
Saturda 2-Wa Volume
0.00
0.00
1.00
0
Saturda Peak Hour Enter
0.00
0.00
1.00
0
Saturda Peak Hour Exilt
0.00
0.00
1.00
0
Saturda Peak Hour Total
0.00
0.00
1.00
0
Note: A zero indicates
no data available.
Source: Institute of Transportation
En
Trip Generation,
7th Edition, 2003.
IV 1:91 Nowao
24-8-15
R
Permitted Uses PD 20S
Truck Sales,
, DWers
Bo,at Dealem p
ss
4IM3, mot
Enteit Establishments. Ban..
Cab.4etsj Discos
a
HIM
m
FC16d st
No
too- t
Furniture, Home Furnisbmg &
Mea,
--- --
HIM
HIM
HardwaW.
��ro
Mobile H Dealers
prefabricated.
HIM
HIM
Banks, Cre& -Agcncle%-� Savings
Loans
tutomob 13oat 1i�air Sales
A utom. obi-le. RmAah
- I Shop ( 10/90
Barber I Btaut
W10/06
,,,Tom= ftmftmff!�
p
-0 p
p p
Is
New Hanover County Zonin Ordinance Pa 42
24-8-16
HIM
a
HIM
m
No
No -
--- --
HIM
ENE
��ro
e eieii
�
■�
e� eee�■�■a
HIM
MENGE
New Hanover County Zonin Ordinance Pa 42
24-8-16
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 25
DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner; and Chris O'Keefe,
Planning & Inspections Director (PB Rep: David Weaver)
CONTACT(S): Sam Burgess, Senior Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe,
Planning & Inspections Director
SUBJECT:
Public Hearing
Special Use Permit Request (S -610, 10/12) by Cindee Wolf, Design Solutions, on Behalf of Gordon
Road Development Partners, LLC to Establish a High Density Residential Development at 8703
Stephens Church Road
BRIEF SUMMARY:
The petitioner is proposing an eight- (8 -) building, 192 -unit apartment campus in a CD Conditional Use
(O &I) Office and Institution and R -15 Residential Zoning District. The CD district was originally approved
in March, 2002 for a campus style commercial development. The project was not started due to certain
dynamics taking place in the area. The validity period for the special use permit has since expired. The
zoning ordinance allows high density projects in the O &I zoning district with issuance of a special use
permit. Density can't exceed 10.2 units per acre.
The Planning Board voted 7 -0 to recommend denial of the request at their October 4, 2012 meeting. The
Board concluded that the project would materially endanger the public health and safety due to the volume of
traffic and the configuration of the Highway 17 superstreet & Stephens Church Road intersection.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff concurs with the planning board recommendation that the project would materially endanger the public
health and safety due to the volume of traffic and the configuration of the Highway 17 superstreet &
Stephens Church Road intersection. Therefore, staff recomends denial of the special use permit request.
ACTION NEEDED: (Choose One)
Use the Script/Worksheet to make findings and
1. Grant the special use; or
2. Add conditions to the special use; or
3. Deny the special use on the grounds that the Findings of Fact violate one or more of the four criteria.
ATTACHMENTS:
25 -0
S -610 Script
S -610 Staff Summary
S -610 Petition Summary
S -610 Adjacent Property Owners Map
S -610 Zoning Map
S -610 Zoning- Aerial Map
S -610 Site Plan
S -610 Applicant Materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved with a condition 4 -0.
25 -0
ITEM# 25
SCRIPT FOR SPECIAL USE PERMIT S -610, 10/12
Request by Cindee Wolf, Design Solutions, on behalf of Gordon Road Development
Partners, LLC to obtain a special use permit to establish a high density residential
development. The property is located within a CD (O &1) Conditional Office and
Institutional District at 8703 Stephens Church Road. This site is classified as Transition
according to the 2006 CAMA Land Use Plan and within the Porters Neck Small Area
Plan.
Swear in witnesses
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Open the Public Hearing:
a. Staff presentation
b. Applicant' s presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Commissioner Discussion
5. A Special Use Permit which is denied may only be resubmitted at the discretion of the Planning
Director. You may ask to continue the matter. Do you wish to do so?
6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions.
7. Vote on the special use permit.
In Motion to grant the permit -All findings are positive.
In Motion to grant, subject to conditions specified below:
(State Conditions)
In Motion to deny because, if completed as proposed, the development more
probably than not:
13 a. Will endanger the public health or safety for the following reasons:
[3 b. Does not meet all required conditions and specifications, in particular:
13 c. Will injure the value of adjoining or abutting property in the following way:
d. Will not be in harmony with the area in which it is located for the following
reasons:
25 -1 -1
SPECIAL USE PERMIT: High Density Apartment Campus in a CD (O &I) & R -15 Residential Zoning District
S- 610,10/12
Petitioner: Gordon Road Development Partners, LLC
Acreage: 19.76
Location: 8703 Stephens Church Road (Kirkland Community)
Proposal
The petitioner is proposing an eight (8) building, 192 unit apartment campus in a CD Conditional Use
(0&1) Office and Institution and R -15 Residential Zoning District. The CD district was originally approved
in March, 2002 for a campus style commercial development. The project was not started due to certain
dynamics taking place in the area. The validity period for the special use permit has since expired. The
zoning ordinance allows high density project proposals in the 0&1 zoning district with issuance of a
special use permit. Density can't exceed 10.2 units per acre.
Planning Board Action
At their regular meeting on October 4, 2012, the Planning Board voted 7 -0 to deny the petitioner's
request to establish a 192 unit apartment campus located near 8703 Stephens Church Road, Kirkland
Community. The Board concluded as one of the four findings of fact, that the project would materially
endanger the public health and safety due to the volume of traffic and the configuration of the
Highway 17 superstreet & Stephens Church Road intersection. Additionally, nearby residents voiced
concerns including the safety and security of children and the elderly, the lack of schools in the area,
road grade intersection issues between Market & Stephens Church Road, overflow parking along
Stephens Church for church funerals near the intersection, and maintaining the quality of life within the
Kirkland Community.
Project Information
In 2006, most of the four parcels of land assembled for this project (19.76 acres) were classified as
"Wetland Resource Protection" on the CAMA Land Use Plan. In April, 2012, at the request of the
property owner, the Board of New Hanover County Commissioners amended the 2006 Land
Classification Map changing all four parcels to "Transition" based on the release of wetlands by the
Corps of Engineers and a staff site inspection. The "Transition" classification provides for future
intensive urban development on lands that have been or will be provided with the necessary urban
services. The site also reveals that there are no cemeteries, archaeological sites, or flood prone areas.
The Level of Service (LOS) along the road segment of US Business Highway 17 /Market Street between
the Porters Neck Road /Market Street intersection and the New Hanover /Pender County line is " E "
meaning that the road design is at or near capacity. According to WMPO, traffic volume between these
two areas is approximately 31,000 Annual Average Daily Traffic (AADT) in 2011. According to the
petitioner's Transportation Impact Analysis (TIA), the LOS near the intersection of US Business 17 /Futch
Creek Road ranges between an A and a B (free flowing traffic movements). The total number of
vehicular trips generated at build -out would be 1 1 352 during a 24 hour period. Turning movements
arriving and leaving the project from Stephens Church Road onto Market Street will be limited to right -in
S -610, 10/12
Page 1
25 -2 -1
and right -out only. Vehicular traffic entering the project from Market Street to Stephens Church would
be limited to one superstreet lane located in the northbound travel lanes. The interchange with 1 -140
and US Highway Business 17 South is located nearby.
The following findings must be positive to satisfy the special use permit requirements.
1. The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. The subject property will be served by public water and sewer through the Cape
Fear Public Utility Authority (CFPUA). According to the CFPUA, water capacity is
available, and the project is "in the queue" for sewer capacity.
B. Access to the property is from Stephens Church Road (SR- 1351) and US Highway 17
(Market Street). Both roads are maintained by the North Carolina Department of
Transportation ( NCDOT). This portion of US Hwy 17 is heavily traveled. Traffic
volume between Porters Neck Road / Market Street to the New Hanover /Pender
County line was approximately 31,000 (AADT) in 2011 with a LOS of E.
C. County schools serving the proposed project include Blair Elementary, Holly Shelter
Middle and Laney High. Blair Elementary and Laney High School are currently over
capacity.
D. The property will be served by the New Hanover County North District.
E. The proposed site is not within the 100 year flood zone.
F. The subject property is currently vacant.
Staff Suggestion: Evidence in the record at this time indicates that the proposed use if fully developed
may create a traffic safety issue on the existing road design capacity of US Highway 17 Business between
Porters Neck Road and the New Hanover /Pender County line. The current Level of Service (LOS) is E
meaning that the highway design is at capacity with irregular traffic flow.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance,
A. The subject property is zoned CD (0&1) and R -15 Residential. The special use
component of the conditional use expired in 2004. The 0&1 zoning district provides
areas where institutional uses, professional office uses and other uses compatible to
uses of an office and institutional nature be encouraged to locate and to provide
protection for this type of land use from encroachment by other less desirable uses.
B. The 0&1 zoning district allows for high density projects not exceeding 10.2 units per
acre by special use permit only.
C. The petitioner's site plan proposes a 192 apartment campus totaling eight three
story buildings along with a clubhouse/ pool and open space. Building height will not
exceed 35 feet. Based on the number of units proposed, density would be
approximately 9.7 units per acre.
D. The proposed apartment campus has access through two ingress and egress points
from Stephens Church Road (SR- 1351), a NCDOT maintained road. Stephens Church
Road has been designed and built to "Residential Collector Streets" standards as
defined in the NCDOT Subdivision Construction Standards manual. This connecting
street is designed to serve only traffic originating from or going to the development,
S -610, 10/12
Page 2
25 -2 -2
or other existing Planned Developments or High Density developments, or future
residential development. US Business Highway 17 is a major arterial.
E. Buffer yards and setbacks to protect adjoining residential property (presently
vacant) are displayed on the plan and appear to meet Section 67B of the Zoning
Ordinance.
F. Parking displayed on the site plan appears to meet section 81 of the Zoning
Ordinance.
G. No conservation resources, cemeteries, or archaeological sites exist on the property.
Staff Suggestion: The proposal satisfies thoroughfare criteria, buffer yards, setbacks, parking and,
landscaping criteria. However, evidence in the record at this time indicates that the proposed use is
inconsistent with the intent of the 0&1 zoning district since no 0&1 uses are proposed for the site.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. The proposed use is allowed in an 0&1 zoning district by special use permit only.
B. Vacant residential property surrounds most of the proposed development.
C. The Kirkland Community is located nearby.
D. No evidence has been submitted to date that the project proposal will decrease
property values for residents who live nearby.
Staff Suggestion: There is no evidence in the record at this time indicating that the proposed use will
substantially injure the value of adjoining or abutting property.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development for New Hanover County.
A. High density projects are permitted by special use permit in 0&1 and R -15 zoning
districts.
B. The adopted 2006 Joint Land Use Plan identifies this site as "Transition." This
classification provides for future intensive urban development on lands that have
been or will be provided with the necessary urban services.
C. A small residential community known as Kirkland is located nearby to the North of
the proposed project. The Porters Neck small area plan encompasses this area and
encourages the continued use of residential land uses.
Staff Suggestion: The proposal is a contrast to the existing residential fabric of the Kirkland medium
density residential Community located nearby. Evidence in the record suggests that with the proposed
buffers the proposed use, if developed according to the plan will be in harmony with the area in which it
is to be located.
Staff Conclusion:
Findings of fact indicate that the proposed project is not consistent with required finding 1 in that
adding additional traffic to a road that is already at capacity may jeopardize public health and safety.
Although the traffic impact analysis adequately addresses ingress and egress to Market Street, and the
S -610, 10/12
Page 3
25 -2 -3
intersections within the project scope function at an acceptable level of service, no improvements are
proposed for the Hwy. 17 Road segment adjacent to the project which is already at capacity.
Finding 2 indicates that the proposed use is not consistent with the intent of the Office and Institutional
District since no 0&1 use is proposed for the entire district. However, staff recommends that the 19.76
acres for the proposed project be rezoned to CD (R -15) which would be consistent with the existing R -15
zoning district that encompasses the area and nearby Kirkland Community and would allow the desired
density with the proposed special use permit and the buffers and setbacks proposed.
Note:
A Special Use Permit is a quasi - judicial process requiring an evidentiary hearing and findings of fact.
Action Needed (Choose One)
Use the Script /Worksheet to make findings and
1. Grant the special use; or
2. Add conditions to the special use; or
3. Deny the special use on the grounds that the Findings of Fact violate one or more of the four
criteria.
S -610, 10/12
Page 4
25 -2 -4
Case S -610 (10/12)
Request to obtain a Special Use Permit to construct a High Density Apartment Campus
Petition Summary Data
Parcel Location & Acreage 8703 Stephens Church Road, 19.76 acres
Owner /Petitioner Gordon Road Development Partners
Existing Land Use Vacant
Zoning History Area 8B (July, 1972; March, 2002)
Land Classification: Transition
Water Type Public
Sewer Type Public
Recreation Area Ogden Park
Access & Traffic Volume Market Street & Porters Neck Road
Average Daily Trips (ADT) at Market Street /Porters Neck Road: 12,834 (2011)
Fire District New Hanover County North
Watershed & Water Quality Classification Island Creek (C,SW)
Aquifer Recharge Area Primary (blend of Castle Hayne & Pee Dee Aquifers)
Conservation /Historic /Archaeological Resources None
Soils: Leon & Murville
Septic Suitability Marginal
Schools Blair Elementary
Holly Shelter Middle School
Laney High School
25-3-1
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Transmittal
Date.- ',:)& t -t-,C,� (0 -M I Z
Too sG� ��.�e�s
S� c.` US'f. V Y✓vr�,� 1p.(� �; �—�¢,.�S,� W��YY�An' \�
Please do not hesitate to contact me if y ou have q uestions or need additional information.
1".0, SOK 722-1, Wilmi
g ton, NC * Tetepkopxe.: 171-0-620-;z374 * Email: cwo(Wobodemarbl'.7'.-
25-8-1
230 Government Center Drive
Suite I 10
Wilmin NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhc
Petitioner Informadon
Propert Owner(%,)
ffdif than Pedfionew
Subject Propert
Name
Owner Name
Address 10
Cindee Wolf
Gordon Road Dev Partners, LLC
8703 Stephens Church Rd
Compan
Owner Name 2
Parcel ID
Design Solutions
Adam Sosne
R02900-001-013-000
Address
Address
Area
PO Box 7221
6626-C Gordon Road
19.76 ac. +/-
9 Z b
Cit State ]p
Cit State, Zip
Existin Zonin and Use
Wilmin NC 28406
Wilmin NC 28411
(CD) 0&1 Vacant
Phone
Phone
Proposed Use
910-620-2374
910-264-4824
High-density Residential
E in ai[
Email
Land Classification
,cwo1f@lobodemar.biz
asosne@yahoo.com
Transition
PLEASE READ SECTIONS 70 and 71 of the Zonin Ordinance prior to submission. For hi densit residential pro
please also refer to the Hi Densit application and also note the proposal must be reviewed b the Technical Review
Committee prior to submission for consideration b the Planniin Board.
F A, 'MAIIIIII'loll'tWi'�IMLWA
. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
J:
AWE=
25-8-2
a
Plannin Board meetin are held on the first Thursda of each month at 5:30PM in the Commissioner's Assembl Room at tK;
Old Count Courthouse at Third and Princess Streets, Wilmin North Carolina.
Applications for sin dwellin includin mobile homes, on individual lots must be accepted b Plannin & Zoni
twent ( 20) workin da before the re scheduled Commissioners meetin Applications for sin dwellin
on individual lots do not re plannin board review.
What You Must Establish For A
ecial Use Permit
General Re #2
The Board must find "that the use meets all re conditions and specifications"' of the Zonin Ordinance".
The development has direct access, via Stephens Church Road, to and from Market Street, an existin
major arterial roadwa Stephens Church Road is considered to be classified as a residential
collector, based upon the criteria of the NCDOT "Subdivision Roads Manual," and its constructed
improvements, thereb meeting the re of Section 69.9:(A)2.
The CAMA Land Classification is Transition, intended for future intensive urban development on lands
I
that have been, or will be provided with urban services, while minimizin environmental impacts and
I mo, ,ro-,1-1i din ade open space.
I
Public water & sewer service and under storm drainage are proposed. Impervious covera is
less than the maximum 40%, at 30.2%.
MERM
25-8-3
General Re #3
The Board must find "that the use will not substantiall injure the value of adjoinin or abuttin propert or that the use is a
public necessit
The project is proposed at the end of the roadway, awa from and majority of existin sin
'dential uses. A lar wooded buffer is bein provided for additional screenin and separation.
resi
The lands were previousl approved for commercial uses, at which time were not found to have an
adverse effect. The extension of public water to this pr'oject will ultimatel be of positive value
to the nei in the proximit
General Re #4
The Board must find "that the location and character of the use if developed accordin to the plan as submitted and approved
w ill be in harmon ith the area in which its to be located and in g eneral conformit with the plan of development for New
I I Wi 1
Hanover Count
The location of this project adheres to land use plannin policies for optimum efficienc in land
utilization and public service deliver It is located with eas access to the interstate highwai-.,,
dov-mtown Wilmin and to the major commercial node at Porters Neck. i
The policies for g rowth and development encoura safe and affordable housin to be available to
ever citizen. Approval of this property for a hi of residential development would be
consistent with the concept of transitioning uses, and in-fillin vacant parcels where existin
utilities can readil be extended and urban services are available.
WMI
25-8-4
SITE PLAN CHECKLIST
Check each item to con that i's included. Application will not be deemed complete without addressin each item,
Tract boundaries and total area, plus location of adjoinin land parcels and roadwa
IZI Existin g zonin of the tract and nei parcels and proposed tract zonin
Proposed use of land, structures and other improvements. For residential uses, this shall include number, hei and t of units and
4te plan outlH o be occupied b each structure and/or subdivided lot boundaries. For non-residential uses, this shall includ
sl i in area t
i I ic purpose for which it
approximate s foota and hei of each structure, an outline of the area it will occup and the specif I I I
Deve o
lopment schedule includin prposed phasin
11 -
Traffic and Parkin Plan to include a statement of impact concernin local traffic near the tract, proposed ri dedication,
plans for access to and from the tract, location, width and ri for internal streets and location, arran and access
provision for parkin are4
All existin and proposed easements, reservations, re setbacks, ri bufferin and si
The one hundred ( 100) y ear floodplain line, if applicable
Location and sizin of trees re to be protected under Section 67 of the Zonin Ordinance.
An additional conditions and re which represent g reater restrictions on development and use of the tract than the
correspondin General Use District re which are the minimum re for Special Use Permit, or other limitations on
land which ma be re b State law or Local Ordinance.
An other information that will facilitate review of the proposed chan ( See Article V11).
Si of Petitioner and/or Propert Owner
0-
Adam Sosne - Manager / Member
25-8-5
f In
l„
25-8-6
25 -8 -7
ENPORT
0 FRAN.-WCRTATION CONSULENG
Adam So,sne
6626 Gordon Road, Unit
n NC 28411
adamsos.ne(,�@,ral.ioo.com,
RE: Road Classification
Stephens Church Road, New Hanover Count NC.
PTC Project Number 11-256)
Please find below a summar of our meetin NCDOT on Monda Au 20, 2012, related to classification
of Stephens Chutch Road. Those in attendance included the followin Anthon Law, David Leonard, Garr
Pape, Adam Sosne, and Dan Cumbo.
Ef adchnonal information is needed, please feel free to contact me with an q uestions at 910-251-8912.
Waniel R. Ctunbo, PE
Vice. President
L m the NCDOT Januar 201 Subdi-i-ision Roads Manual
T ,.:)x .1.-"
Z CARO-1.1411
VJELT� -kGLI� A
- RG
. A
25-8-8
K. MINIMUM DESIGN CRITERIA
1. Residential Local Subdivision Roads include:
I
WON
40'
401
40'
2:1
2:1
45'
30 mph
*26" F-F
20 mph
18'
18
181
61
40 to 6'
4% to 61
2:1
2:1
1
30 mph
25 mph
20 mph
200'
150
110
230'
150
900
A ft,ft
.0 4 ftft
M ft/ft
30 20 10
30 20 10
14 9 5
45'
45'
451
50'
50'
50'
37' to F
37' to F
37'to, F
35'
35'
351
25-8-9
Teffain Classification Definition
FA
25-8-10
50
50'
50'
50
50'
50
34'F-F
34'F-F
34'F-F
20'
20'
201
45 30 20
45 30 20
20 14 9
6'
2:1
2:1
1 1/2-.1
35 mph
30 mph
25 mph
250'
200'
150'
310'
230'
150T
.08 ft'ft
.06 ft/ ft
04 ftft
6%
45 30 20
45 30 20
20 14 9
Wo
25-8-11
t
C. BRIDGE 7YFICAL SECTION WffHOUT SIDEWALK
FIGURE 2t TYPICAL CURB & GUTTER CROSS SECTION
25-8-12
:kl 7,7
71
E 10
WA ON
( 1 ) To submit a proper petition and the re supplemental material%I;
( 2 ) To appear at public meetin to g ive representation and commitments
*n behalf of the owner; and
(3) In the case of a special use permit, to accept conditions or
recommendations made for the issuance of the special use permit on th
*wners propert
( 4) To act on the owner's behalf without limitations with re to an anr,t2,
%II thin directl or indirectl connected with or arisin out of an petition.
This a a shall continue in effect until final disposition o� th#
petition submitted in conjunction with this appointment.
Dateffi. C)C) 1 0 'e- I I -Z,
g I r,1 I NO IN
sif
Wilminqton, NC 28406
Si Owner(s):
Sosne for
Gordon Road Development Partners, L.L.C.
25-8-13
AAME OF LIMITED LIABILITY COMPANY.- GORDON ROAD DEVELOPMENT PARTNERS9 LLC
SECRETARY OF STATE ID NUMBER: 1121529 STATE OF FORMATION: X
tEPO• T FOR THE YEAR: 2011
Filin OMCS U39 OWY
Crtan
1-� --j
1. NAME OF REGISTERED AGENT: Adarn Sowe
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
. I REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAIUNG ADDRESZ15
6626-c Gordon Rd. 662&c Gordon Rd.
Wilmin NC 27411 New Hanover Wilmin NC 27411
SECTI10N D.CERT1F1CAT10N0F.AAUAL RE Section D must be completed In fts enfiret b a person/businew entit
I I
11J-A'LM'-V
V SIGNATURE DATE
Form must be signed b a ManW/Membef listed undo( SOctim C Of this fOrm.
-.1
Pont or T Nam d Mana TITLE
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25-8-14
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25-8-15
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25 -8 -20
�aa0.�r�- P� p��- ow��s
PIN: 326007-68.3734-000
PID- -b R02800-001-140-000
Situs Address: 008801MARKET ST
PIN: 326011.76.0401.CPfl't
PID: R02900-001-004-000
Situs Address: 001900PLANTATION RD
DALTON HYNDA B ETAL
PO BOX 3649
WILMINGTON NC 28406
COX OPHELIA V
6828 RIDGE SPRING RD
ZEBULON NC 27597
PIN: 326011-65-5964-000
PID: R02900-001-005-000
Situs Address: 001900PLANTATION RIP,
THORNTON FOY S TRUST B ETAL
1323 GOV MOORE RD
CLINTON NC 28328
PIN: 326011.75.0422-000
PID: R02900-001-009-000
Situs, Address: 008 its 5MARKET ST
MARKET STREET PARTNERS LLC.
7231 AIRLIE PL
WILMINGTON NC 28403
PIN: 326012.85.4962.00*
PIDc- R02900-001-015-001
Situs Address: 008731STEPHENS CHURCH RD
11110
3113 N KERR AVE
WILMINGTON NC 28405
PIN: 326012.86-0414.000
PID: R02900-001-016-000
Situs Address: 008737STEPHENS CHURCH RD
COMMUNITY DEVELOPMENT ASSN
PO BOX 421
CASTLE HAYNE NC 28429
PIN: 326012.86.5020.000
PID-6 R02900-001-080-000
Situs Addressm, 008741STEPHENS CHURCH Rl
COMMUNITY DEVELOPMENT ASSN
PO BOX 421
CASTLE HAYNE NC 28429
PIN: 326012.86.3173.000
P1D: R02900-001-081-000
Situs Address: 008739STEPHENS CHURCH RD,
COSLEY El-Wrk EIAL
8739 STEPHENS CHURCH R
WILMINGTON NC 284111
25-8-21
25 -8 -22
%f #A e r k t o NitHanover Count Plannin Board
8703 Ste#b,-,wll I Road
0&1 / Hi q h7Onsitv Residential
IS ! wl
The meetin were held at the followin place and times'. St. Ste hen AME Church, 8799
atist-Irivill
- - ---- - - - - - - - - - ------------
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The persons in attendance at the meetin were-
JIL it
vehicular traffic and crime.
Se,ptember 6. 2012
Cindee Wolf
25-8-23
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25 -8 -25
Jul 25, 2012
To: Ad Propert Owners
From: Cindee Wolf
Re .- Stephens Pointe Apartments
The owners of the lands at the western end of Stephens Church Road are interested
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it for a multi-farnil residential communit This proposal would re a
Conditional District rezonin approval from New Hanover Count
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The Count re that the developer hold a meetin for all propert owners immediate
adjacent to the tract boundar and an and all other interested parties. This provides
nei with an opportunit for explanation of the proposal and for q uestions to be
answered concernin pro improvements, benefits and impact
This meetin is g oin g to be held at the St. Stephen AME Church, 8799 Stephens Church
Road, 6.-00 p.m., Thursda Au 2nd. If y ou cannot attend, y ou are also welcome to
contact me at telephone # 620-2374, or email cwolf@lobodemar.biz with comments
and/or q uestions.
We appreciate y our interest in the pro and look forward to bein a g ood nei and
an asset to the communit
P.O. Box 7;Z213-., Wilmin to^, NC 2-8406 * Tefephone: q1-0-620-2374 * Email: cwolf@1obodemar.b1.Z
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25-8-26
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To : Ad Propert Owners & Interested Parties
From: Cindee Wolf
Re-, Stephens Pointe Apartments
P.O. Box 7221.) Wilmin NC 2-8406 * Tdepkone: IMO-62-0-2-374 * Emaite- c woft (obodemar. bf'7_
25-8-34
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25 -8 -36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 13, 2012
REGULAR
ITEM: 26
DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following Boards and Committees:
NHC Adult Care Home Community Advisory Committee
NHC Juvenile Crime Prevention Council
NHC Zoning Board of Adjustment
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
ATTACHMENTS:
NHC Adult Care
NHC JCPC
NHC Zoning
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made.
NHC Adult Care Home Community Advisory Committee:
Demetria Gordon, Micki Jay and Warren Wilson were reappointed.
NHC Juvenile Crime Prevention Council:
26 -0
Ashley Michael was appointed in the Juvenile Defense Attorney category.
NHC Zoning Board of Adjustment:
Justin Michael Lewis was reappointed.
26 -0
COMMITTEE APPOINTMENTS
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Membership:
Current Members:
Vacancies:
Terms:
APPLICANTS:
18 maximum, 13 mandated based on the number of
facilities operating in New Hanover county
11
Up to 7
1 year initially, 3 -year terms thereafter
Expiring 11130/15
ELIGIBLE FOR
REAPPOINT
Demetria Gordon X
Micki Jay X
Warren Wilson X
Attachments: committee Information Sheets
Application
26 -1 -1
NEW HANOVER COUNTY
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
oe
Number of Members: 13 State mandated; May appoint up to 18 (11 member for each
permitted facility) The Adult Care Horne Administrators may nominate one -third of the
members. If possible, one member must be a person involved in the area of mental retardation.
A County Commissioner shall be appointed to serve in an ex- officio capacity.
Compensation: None, but may be reimbursed for actual expenses.
Term of office: 1 year term initially; 3 year term thereafter
Qualifications: Must be a resident of New Hanover County. No person or immediate family
member of a person with a financial interest in a home served by the committee, or employee or
governing board member of a home served by the committee, or immediate family member of a
resident in a home served by the New Hanover County Adult Care Home Community Advisory
Committee may be a member of this committee. Immediate family is defined as mother, father,
sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job
Description for more information.
Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights,
visits adult care homes quarterly, promotes the well being of residents and encourages
community involvement. Statute establishing Committee: N.C.G.S. 131 D -31
Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July,
and October at 9:30 a.m, at the Cape Fear Council of Governments, 1480 Harbour Drive,
Wilmington, NC.
26-1-2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Lillie Cherrelus
Initial 7/23112
7/31/13
626 Hadley Court
P.O. Box 12575
Wilmington, NC 28405
799 -4014 (H) 512 -3377 (C)
Jackie Dae
Initial 3/16/09
3/31/10
902 Kings Grant Road
First 3/15/10
3/31/13
Wilmington, NC 28405
350 -2733 (H) 409 -3240 (C)
Demetria Gordon
Initial 11/21/11
11/30/12
126 Rogers Avenue
Wilmington, NC 28403
508 -2631 (C)
Micki Jay
Initial 11/21/11
11/30/12
527 Capeside Drive
Wilmington, NC 28412
799 -2454 (H)
26-1-2
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2
Revised: 8/6/2012
26-1-3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
David Jenkins
Initial 7/23/12
7/31/13
8506 Hammock Dunes Drive
Wilmington, NC 28411
686 -9495 (H)
L. Thomas Jennings
Initial 11/21/05
11/30/06
415 Charlotte Avenue
First 12/18/06
12/31/09
Carolina Beach, NC 28428
Second 12/7/09
12/31/12
458 -2584 (H) 619 -0762 (C)
Lorraine McEvoy
Initial 8/14/06
8/31/07
121 Spartan Road
First 8/13/07
8/31/10
Wilmington, NC 28405
Second 8/16/10
8/31/13
784 -9325 (H)
Sandra Oglesby
Initial 12/18/06
12/31/07
1508 Rock Hill Road
First 12/17/07
12!31/10
Castle Hayne, NC 28429
Second 12/20/10
12/31/13
675 -8040 (H) 452 -8200 (W)
Melissa A. Pollock, RN
Initial 2/21/11
2/28112
207 Cabbage Inlet Lane
First 2/20/12
2/28/15
Wilmington, NC 28409
395 -5156 (H) 350 -7878 (W)
Oliver F. Schreiber
Initial 8/14/06
8/31107
121 Spartan Road
First 8/13/07
8/31/10
Wilmington, NC 28405
Second 8/16/10
8/31/13
784 -9325 (H)
Cameron M. Stone, Chairman
Initial 2/21J11
2/28/12
621 Silver Grass Court
First 2/20/12
2/28/15
Wilmington, NC 28405
247 -1313 (C) 350 -7878
Cecil W. (Woody) Sutton
Initial 7/24/06
7/31/07
2000 Trinity Avenue (28411)
First 7/23/07
7/31/10
UNCW PSCS 601 S. College Road
Second 7/12/10
7/31/13
Wilmington, NC 28403 -5614
512 -1612 (H) 962 -7074 (W)
Glenda M. Tate
Initial 2/21/11
2/28/12
2013 Deer Island Lane
First 2/28/12
2/28/15
Wilmington, NC 28405
256 -2464 (H) 523 -1294 (C)
Warren Wilson
Initial 11/21/11
11/30/12
5024 Huntclub Road, Apt. 2
Wilmington, NC 28403
399 -7595 (H) 616 -5622 (C) 350 -2112 (W)
Revised: 8/6/2012
26-1-3
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175 .
Wilmington NC 284 COMMITTEE APPLICATION
' *-
Telephone (910 798 -7149 p
FAX (910) 798 -7945
Board /Committee �I�u 0 ( Communl4kI � �► s r u 1j
Name: �eyY1e� -� � �� ��� E -Mail: d t� r�✓' n�! �3��l'S�,X1eq
Home Lo Address: � o� It Zq CV S AaPVI U P Im i r► a 4Yl
Wailing Address if different:
Horne Phone:
Fax:
(City)
(Zip Cade)
Cell: L ,31 Business:
Years living in
New Hanover County: Male: Female: Race: Age: 37
Y g
(Information for the purpose of assuring a cross - section of the community)
Do ou have a family member e b New Hanover Coun if name l V D
Y Y Y es Y Y
Employer. Y 1 1 V[ e r •Po
A person currently employed by the agency or department focJvhich this application is made, must resign his/her positron with New Hanover County upon appointment, in
accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
Occupation: OpeE r —
p ;5
Professi onal Activities: A m e t n 0 o I e r. D -P N �cA K
Volunteer Activities:
Why do you wish to serve on this boarcVcommittee? r `� -e.�
Li
avi ffl s L) -5 (1 f) D lers.
Conflict of Interest. If a Tward member believes he/she has a conflict or potential conflict of interestoif a particular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either direct indirect, in the issue under consideration. The member should then excuse himselfJherself from voting on the matter.
6 What areas of concern would you like to see addressed by this committee?
n a. !0 is (A 0 PZ r- 4 , -0SUVP a-1 t.0 1ae--i 4,1Nn twe eft' I Vs a(e 0 u �
Qualifications for serving:
mr.6'.
Other municipal or county boardslcommittees on which you are serving:
List three local personal references and phone numbers: - - #y �j }a,,�� ; o a 9
Al Ir il % 11 1 r% \ / A -% fq --D M dlA(P�1101[1 MIN
1.
2.
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Dame: //r/do
Applications are kept on file for 18 months
Please use reverse side for additional comments
Signature
`5
1 understand that ny board or committee appointee may be removed
without cause by a majority of County Commissioners.
26 -1 -4
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403 COMMITTEE A
Telephone (910) 798-7149
FAX (990) 798-7145
Board /Committee: C N�L � � M on
e 91)046 a fry A V L r �I
1 wt
6111�� .0a 'W
Name. � f�l- a 1. :2 00 0 L4P 4 A,110'). 4DAo%
Home
C avt 5 t D rt ' vLe -�
Address:
(Street (City) (Zip Code)
Mailing Address if different:
Home Phone: (I I q Io � 4 5 + Fax:
(City) (Zip Code)
Cell: Business.
Years living in
New Hanover County: Male: Female: Race. 4. 4 of
(information for the purpose of assuring a cross - section of the community)
Age: � g
Do you have a family member employed by iVew Hanover County? If yes, name � 0
r
Employ t r "J ! � 6 '
A person currently employed by the agency or de artment fb&Wkich this application is made, must resign his/her position with New Hanover County upon appointment, in
accordance with article V1, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department
Occupation:
Professional Activities. qra*oWof6 ofti r -� L-i-) h-A at, f c ce e
Et
Volunteer Activities: ys5 C aw Je-4. oci A w ( ;N v `
Why do y ou wish to serve on this board /committee? i12fS6r1! C: rte. ��� Y Y
Pro\ I kA i L
cafe &A-4 urmc'yf.
ConfiW of in sx if a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of AsAher respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
Y
y ou like to see addressed
t
What areas of concern would Y b #his committee? Silfe ' re
Q,41--A
elwai Jp I-elA., CItf,�
.eo�)
Qualifications for : servin c Q-r ►'h wl gj��
J I
qeLr� Os Ale-,I
1A Lam-X-.' r 4-
g
Other municipal or county boards /committees on which you are serving:
X1 .
List three local personal references a
Li 2
Applications are I
C� o il
on file for 18 months
0
= a
fi ��ati►Nt ►'
Al .c - b u F
63:z - #450 1
Signature
1
" w " v "
understand that board or
without cause by a majority of
26-1-5
appointee may be removed
nmissioners.
Please use reverse side for additional comments
09/30/2011 11:25 X10.032 002
NEW NANO BIER COUNTY
BOARD OF COMMISSIONERS
230 Gavomment Cerirer Drive, Sulfa 175
MWOUIM, NC 2840
TONOWS (0 10) 7W 7 1 49
FAX (910) 739 -7145
COMMITTEE APPLICATION
BoarWC:omrnl#teei
■
Name: Eam l A cC o
Home
Addrass� ' M9 9 1 I F 11 IN IL
�e
Mailing Address N dfforen #:
Home Phone ( F.x:i���3�f} c�r:�gr���'1�:�� e��rRe�.�alla —Q.
wars Ilving In
Now Hanover Count Main: �.,, Female: Race: . mas 1 1 g2A Ago;
fIOwme #iwarr for the poMwe of essunn0 a cross secfron of the aomrnudy)
Do you have a family member emplo by New Hanover County? If yes, name Da a
af rjoydr -#-&vd^-k, �
Ernploer.
A pef' eA �rt�y y e 80 ar ddpwirwrerif lurie wrUch t a epplicadvn is made. must 'pr! 1'iei odor► w;th f11dw HehBr upon ONVO f, in
eccortce with Aftle VI, sec. 4 of the New Hsnavor cloynty Personna) icy. Foihwmam, app wig fOVO no fmme00 member employed by etch "enCy or
d �frrfe t
wc-,l le-vJ A c4ryr�r
Profenlonal ActIvi0es: in =
Vb1urrteerAc#v1Ww.,P Wall 16r j T J01 C42 i rvrn G,& w ij".
09
Wh do y ou wish to serve an this boareVeommkItee? Z 4nj F L,
Cvn1W of Nite> 1 d e boarld na mber defers hie hat a core icr or poom #8 CQlid+ict of Inmost on A 10"ol la Fie it
monftm of NSlW raspallve bwfd during a puda maeft The membef ahol etaM the nalure of OW C4nfoot, defaifing that h0he hea a "pa►ate, private, a► rnolnetery
interea ei#Ihar dGrect or iru ract, In lfhe fa# under ci �ld�r8fld� The r r $heard men excuse Nffdef A~ f M ►+e649 an the metler
M at areas of con wm would yo u fike to See add 4d by this com mittee? "A) lae*-
1 I l.1. r 1 9 A I w_ I 1 ta 1 J
Other municipal or county boardsAmil l nrittees on which you are senring: *1A
List three local personal referenm and phone numbers.
M"r
11
#- 7 MA E W#
..• 's F& U F i 10 1 A W i no :: r j
Deft;
�ppliclt�ierrs sm kept o n f fpr It nlah "Is
please vae nevem we for Illwaml bay► merits
Signature
..44,Z
1 undemUnd that an bovrO or ocAm7fr e ppeirt oo ma ao roll ovef.
whhaut cause by a nisla lty of County C ommIg alanarg.
26-1-6
COMMITTEE APPOINTMENTS
JUVENILE CRIME PREVENTION COUNCIL
Vacancy: Juvenile Defense Attorney
Unexpired term expiring 9130114
APPLICATION CATEGORY
Ashley Michael Juvenile Defense Attorney
Attachments: committee Information Sheets
Application
ELIGIBLE FOR
REAPPOIN
26-2-1
NEW HANOVER COUNTY
JUVENILE CRIME PREVENTION COUNCIL
Members: Representatives from the following categories: school superintendent or
designee, police chief or designee, sheriff or designee, district attorney or designee, chief court
counselor or designee, AMHIDDISA director or designee, DSS director or designee, county
manager or designee, substance abuse professional, member of faith community, county
commissioner, 2 under age 18, juvenile defense attorney, chief district judge or designee,
member of business community, health director or designee, United Way or other non - profit
member, parks and recreation representative, and up to 7 at -large members appointed by County
Commissioners. (Limited to no more than 28.)
Terms: 2 -year terms (Changed from 3 year terms to reflect requirements of General Statutes)
9/06
Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:30 p.m.) in Human
Resources Training Room 8 in the New Hanover County Government Center, 230 Government
Center Drive, Wilmington, NC.
Statute or Cause creating Task Force: NC General Assembly established JCPC on 12121198.
Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are
at -risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify
community risk factors; recommend allocation of state funding for youth programs that address
these risk factors; and evaluate the effectiveness of these programs.
26 -2 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Business Community
Donna Kay Doyle
First 9/17/12
9/30!14
207 Sandybrooke Road
Wilmington, NC 28411
720 - 301 -5903 (C)
Faith Community
Tanya Bell Millhouse
First 9/20/10
9/30/12
626 Tabor Lane
Second 9/17/12
9/30/14
Wilmington, NC 28405
297 -8224 (C)
Juvenile Defense Attorney
Charlotte Noel Fox �
First 9/20/10
9/30/12
1504 Lamplighter Way
Second 9/17/12
9/30114
Wilmington, NC 28403 10 '2 4 ! Z
� �
395 -4798 (H) 815 -0085 (W)
Under Age 18 (2 Students)
Deshon Montrael Barfield
First 9/21/09
9/30/11
1819 Ann Street
Second 10/17/11
9/30/13
Wilmington, NC 28401
762 -3643 (H) 2641685 (C)
26 -2 -2
JUVENILE CRIME PREVENTION COUNCIL (CONY.)
26 -2 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Noah W. Ponton
First 11/15110
9130112
4534 Noland Drive
Second 9117112
9130114
Wilmington, NC 28405
520 -3899 (H) 520 -8481 (C)
Members -at -Large
Abeeku Ankrah
First 1 0/17/11
9130113
637 Tulane Drive
Wilmington, NC 28403
632 -8472 (C) 274 -3497 (W)
Kristen DeVall
First 1 0/17/11
9130113
UNCW
601 S. College Road
Wilmington, NC 28403
269 - 329 -8643 (C) 962 -2636 (W)
John Alan Dismukes
First 9117112
9130114
802 Summer Tree Lane
Wilmington, NC 28412
910- 648 -3162 (C) 520 -6786 (C)
Ryan Estes
First 9121109
9130111
715 North Fourth Street, Unit 301
Second 1 0/17/11
9130113
Wilmington, NC 28401
336 - 926 -2896 (C) 588 -4404 (W)
Jake Hunt
First 9120110
9130112
244 Princess Street, Suite 16
Second 9117112
9130114
Wilmington, NC 28401
632 -9328 (H) 622 -5253 (C)
Lyana Hunter
First 10/17/11
9130113
P.O. Box 1971
Carolina Beach, NC 28428
297 -0480 (C) 251 -7090 (W)
Cary D. McCormack
First 10/17/11
9130113
1800 Elease Lane
Wilmington, NC 28403
679 -4582 (H) 732 - 275 -7291 (C)
Maryann K. Nunnally
First 1 0/17/11
9130113
7804 -1 Blue Heron Drive, W.
Wilmington, NC 28411
686 -2771 (H) 520 -7576 (C)
Ida R. Smith
First 9117112
9130114
2410 Chestnut Street.
Wilmington, NC 28405
763 -9136 (H) 520 -6790 (C)
26 -2 -3
JUVENILE CRIME PREVENTION COUNCIL (CONT.)
TERM OF OFFICE
CURRENT MEMBERS APPOINTMENT EXPIRATION
Countv Commissioners' Desi nee
Avril Pinder 8120112 Undesignated
New Hanover County Assistant Manager
230 Government Center Drive, Suite 195
Wilmington, NC 28403
198 -718 (W)
Agency Representatives:
District Attorney's Office: Alex Nicely Undesignated
Judge of District Court: Judge JH Corpening
Sheriff Department: Novella H. Frieslander
Wilmington City Police: Melissa Moore
Substance Abuse Center: Liz Uzcategui
DSS: LaVaughn Nesmith/Wanda Marino
Health Department: Maria Turnley
Juvenile Justice / Courts: Robert Speight
Youth Empowerment Program: Chris Preston
Southeastern Center: Amy Horgan, Vice -Chair
Schools: Dr. Rick Holliday
United Way: Tommy Taylor, Chairman
NC JJ &DP Consultant: Jesse Riggs
File: /JCPC 9/12
Revised: 912412012
26 -2 -4
NEW HANOVER COUNTY
BOARD of COMMISSIONERS :F ,
230 Government Center Drive, Suite 175 # ' F k
Wilmington, Iuc 28403 COMMITTEE APPLICATION
Telephone (910) 798 -7149
FAX (910) 798 -7945,
P
BoardlCommittee: N ew Hanover County Juvenile Crime Prevention Council
Name: Ashley Michael E_Mail: amichael @ craigeandfox . com
Home
Address: 5027 Trumpet Vine Way Wilmington NC 28412
ree ► y (zip Code
Mailing Address if different: 701 M arket St reet Wilmington NC 28401
(City) (Zip Code)
Home Phone: 91 0.632.9191 Fax: 910.815.1095 Cell: Business. Attorney
Years living in
New Hanover County: 6 Male: Female: V( Race: Ca ucasian A ge: 35
(Information for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? if yes, name No
Employer. Craige & Fox, PLLC
A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in
accordance with Article Vi, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
occupation: Attorney
Professional Activities: Family Financial Mediator; Member of Coastal Collaborative
Volunteer Activities: March of Dimes, GHA Autism Supports
Why do you wish to serve on this board/committee? I am interested in the planning, funding, and
continued resources for the juveniles in our community that need rehabilitative services
Conflict of Interest. If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? f amily services so that
parents and other siblings can be educated and involved in supporting the delinquent
Qualifications for serving: - P rivate Juvenil D A tto rn ey since 2006; court appointed
juvenile defense attorney; family drug ct defense atto appt . by J . C (' 10 - ' 12 )
Other municipal or county boardslcommittees on which you are serving: n one
List three local personal references and phone numbers:
7. Charlotte Noel Fox 910.815.0085
2 Patricia Laney 910.772.7116
3. Honorable Robin W. Robinson 910.772.7100
Date: 10.2 6.12 Signature
Applications are kept on file for 18 months i understand that a bard or committee appointee may removed
without cause by a majority of County Commissioners.
Please use reverse side for additional comments
26 -2 -5
This page intentionally left blank.
COMMITTEE APPOINTMENTS
ZONING BOARD OF ADJUSTMENT
1 Vacancy - Regular Member
Term: 3 Years; Expiring 12/1/15
APPLICATIONS
Victor E. Abraham, Jr.
Justin Michael Lewis
Linda Reece
Attachments: Committee Information Sheets
Applications
ELIGIBLE FOR
REAPPOINTM
26 -3 -1
NEW HANOVER COUNTY
ZONING BOARD of ADJUSTMENT
Number of Members: 5 plus three alternates
Ex- Officio: Planning Director
Term of office: 3 years
Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Lucie F. Harrell
Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153 -A -345, 255.17. The
Commissioners increased to 3 alternates 11/21/94 (officially 411195 ). The Zoning ordinance
requires members to be appointed from different areas within the County's zoning jurisdiction.
Brief on Functions: The Board of Adjustment is recognition of human frailty. If it were possible
for the legislative body to write a perfect zoning ordinance which would meet the needs of the
community while at the same time avoiding hardship in individual cases, there would be no need
for this board. Because that has been found near impossible, the Board of Adjustment has been
introduced as an integral part of almost every smoothly operating zoning enforcement
mechanism, serving as a "pop -off valve" to relieve pressures resulting from hardship cases.
In New Hanover County, the duties of the Board fall into two general categories: Interpretation
and Granting Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to that of the
courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of
parts of the ordinance which are unclear, (b) applying the Ordinance to particular fact situations,
and, if necessary, (c) correcting any mistakes or abuses of discretion which the zoning official
may have made in administering the Ordinance. In exercising this power, the basic principle for
the Board to keep in mind is that it must not vary the Ordinance. Its function here is to interpret
and apply what the governing body has written, not to vary that legislative pronouncement to fit its
own ideas. Its decisions must be in accord with what the Board believes to be the actual
meaning and intent of the Ordinance.
Granting of Variances: General Statute 153A- 345(d) provides that, "when practical difficulties or
unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the
Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of
the ordinance relating to the use of land, so that the spirit of the ordinance is observed, public
safety and welfare secured, and substantial justice done." Basically, a variance is a permit,
which the Board may grant in certain situations, enabling a property owner to make use of his
property in some way which is in conflict with the literal provisions of the Ordinance. Sometimes
a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with
the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain
are such as to create hardships in complying with these requirements. Sometimes the lot is
located in a cluster of nonconforming uses which will prevent the owner from securing any
reasonable return from his land if he complies with the Ordinance (as where a lot in a residential
district is surrounded by nonconforming business structures). When the Board grants
exemptions from harsh provisions, it is "granting a variance."
26 -3 -2
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
Finally, it should be noted that there is a good bit of "law" connected with the duties and
responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one
considers the importance of its decisions which expand or limit property values. These are
issues which must not be dealt with casually or arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by
Michael B. Brough and Philip P. Green, Jr.
Revised: 1 1/30/11
26 -3 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Robert F. Cameron, Jr., Chairman
First 11/19/07
12/1/10
5119 Nicholas Creek
Second 11/15/10
12/1/13
Wilmington, NC 28409
313 -1961 (H) 762 -9635 (W)
Peter M. DeVita
First 11/15/10
12/1/13
7108 Key Point Drive
Wilmington, NC 28405
509 -3055 (H) 262 -2113 (C)
Justin Michael Lewis
First 11/16/09
12/1/12
3702 Providence Court
Wilmington, NC 28412
919- 414 -8410 (H) 794 -4880 (W)
Michael D. McCulley, Jr.
First 11/21/11
12/1/14
6102 Lydden Road
Wilmington, NC 28409
547 -5185 (H) 251 -2500 (W)
Chad McEwan
First 11/21/11
12/1/14
226 Shore Point Drive
Wilmington, NC 28411
604 -2100 (C)
ALTERNATES:
Joe Miller
First 11/15/10
12/1/13
7103 Centallion Court
Wilmington, NC 28411
538 -5639 (C) 796 -1022 (C)
John Edwin "Jack" Stanton II
Unexpired 3/15/11
12/1/13
708 Carolina Sands Drive
Carolina Beach, NC 28428
458- 5853(H) 2543553(W) 368- 7302(C)
Revised: 1 1/30/11
26 -3 -3
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3
Revised: 11/30/11
26 -3 -4
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Colin J. Tarrant
First 11/21/11
1211114
7842 Glde Pond Road
Wilmington, NC 28411
919- 414 -2884 (C)
Staff Support: Steve Still
11111
Senior Compliance Official
File: /Zoning
NHC Planning and Inspections Department
B/C #33
239 Government Center Drive, Suite 119
Wilmington, NC 28403
798 -7118
Revised: 11/30/11
26 -3 -4
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175 f
Wilmington, NC 26403 COMMITTEE APPLICATION
Telephone PIM 798 -7149
FAX (990) 79 8-7145
BoardMommitfee: ZONING BK*,M OF ADJUSTMENT
Name: VIC'T'OR E . ABRAWW JR . ��,A��� f VP C.,ARIBE . NET
Horst
A .1054 4'SLWCRLIN FALLS COURT, WILMINGTON, NC 28412
Mailing Address if dKerent:
(CRY)
HoMe phone: 914 - 399 - 2031 Fax: N ONE
Cell: 914-- 431m7418
Years luring in
Now ftwvvw Counfy: � 1 YR m a le: ✓ Fema CAUCAS
(Information for the purpose of arssurft a crass ion of the communty)
Age: 77
Do you have a family member employed by New Hanover Counter Byes, name AlD G - RICHARDSON
Employer": NHC BOARD OF EDUCATION - bMY C. WLLIAMS ELE14ENTARY
A pwson cx iwgy aMopyed b doe agency or depattawk for which this applicsion is made, moat meajon Now poai6on wt New Hanover' Wan appoint n
arccordwe wM Argdo 111, Sea 4 of ft New HArww0mx*yP&somW Poky. Fuftnwm, aproftW shodd how no ftmKfafe farnNy mwr6w er pkyed by such agericr or
dbraetrirr�er�z
DCCgpa#on RETIRED - PAST LT. COL. USAF, PAST PRES. OF MANWACTURING CONCERN'
Professional Acdvitles: BELONG TO ARRP AND MOM
Volunteer Aedvitles: ST MAR CHURCH 81-- LrNGUAL TRANSLATOR
Why do you wish to serw on this boarWcomm4ee? I FEEL THAT I CAN STILL GIVE BACK OF THE W ALTH
OF EXPERIENCE I DEVELOPED (24 YRS AS AN AIR FORGE OFFICER AND 16 YRS AS A MANUFACTMMR)
Cwffld oaf kftr*s1t go board row nW be# vvs haWw two cw*d or pofanW wndict of kft� cr a marls -r, MW rrwrdw #ftidd sWe fhis be1'ief to ft odw
mwnbrra of NOW respective board during a public meefing "M member should staft Me n of Mo conft data*ng Hurt haWe has s seJpam 0o, pivafe, or na wmfty
intor+ t ei0w aired or indraX in firs issue under wfWd vbw The member should their excuse hW =&af~ftm vobng an ft metier_
What areas of concern would y ou like ib see ed by this c NONE P
Qulalfficatfons for Ong: TER KNOWLEDGRAWA CONNERCIAL NEGOCxAT ExMRXENCE . XNOMF
OF RAN MATERIALS, C NMWTELY SX– LINGUAL 8PAN:E8 3 /ENGLISH, AND A FEW OTHER ABILITIES
Other munic or county boandslcommitiees on which you are serving: NONE
Lisa ffiiee bca/ penronal refbrences and phone number:
pr, T 16 2012
1 DR. JOWi CRQlER, 910- 262 -1688
2. DR. J AMES DFMETRIOUS, 910 -7 -8020 11 C BOC C
3. DR. IGOR NESTRA, 914- 254-2023
OCTOBER 13, 2012
�,pp�u►tians aro kart on fee for 18 months
Hesse use newiWse skF0 for additional commonfs
Signature
1 undwstrnd
without COW
26 -3 -5
�ny board or Canrnittoo a My be ron xwod
a ma orlty of County Co�nmlW so %.
(ZO Code)
Business: NONE
New Iguover County .!30 GOvtTrmtn= Cenzcr Da f ve
Board of Commissioners COMMITTEE API'Y...ICATION !julle 175
'k41minpan,NC 28403
releptlurw [910) 79$ ■7 i 49
Fnx ( 10) 798-7W
BoardiCummittee: zoux rig Board of Ada ua tmen t
Name: Justin Michael Levi W,
Home
Address: 3702 provid Coart WiI= ngton 2B412 -
(Srrcer) (G (2.p Coaq
Mailing Address if different; same
F•4w Address:
Home Phone: 919- - 414 -6410 F ax: 810- 794 --4877 Cell: 919- 414 -8410 Business: 910 -794 -4884
Years living is
White 30
New Hanover Cougy: 1 _ Male. - -' Female: -- ; Race: Age:
tlaforms"on for r0g purpwr ulass.arr■g a trosa ,aas~va of Fbe soiaMORIryf
employer: ward and Smith, P .A.
(.% pvraon currcady omploysci by ow agency or deparuncaT for wtilch rhfa appilcanew a s made. mwbr resign hwher poslrion rrtrp New Hanovrr Count
Irpon 6pp9 pRMweV, #n atourglAre - 1 , vjM &r We V1. Sec tic a 4 of thr New Hanover Cova* Person uI Po 11".)
00MV54CM: Attorney
Professional Activities: Now Hanov County Bar Assoclatlon
Valunteer Activities: Uni wa y Campaign Caiainet Xmbex
Why do you wish to serve on this biordlcom mlttte? a interested in the future of N e w Hanov
County and want to see oa x praperty developed in a manner beneficial to o community.
ConfuCl of MitlreSt ja dudrd M1tMbnr dd1sdrd.. no / acne nae d con"ct orpownrat convict or interest an a pomicala► ,ass (0e, filer ,r smear V#0L11d sraro into aatiorro me ornor
M&MDrr$ Gf no$ I Res roapoCi►vv DOarO Ouring a p.sol►C m9o(Mg TAa member xBould ata[v r►lo narwrs Of MO COVI GT. 0er8ding mar 1larsAe AaD a Sarpa►v(N. pr,+4aro or monorary
rnrarega. armor airsct or inatreor. mine asue Tne momawr anoufa [Assn vxtvacd f)smarel►I Aerpoll from votrnp all Tno Mower
What areab ofcoacern would you like to see addressed by this committee'' = would lzke to See the couu"ttes
act &n a manne whvch encourages responsible growth and development.
Qualifications for serving. i am I.nowledge"ls in real estate law, experienced zn a-nterp.re
laws an ordina std have worked with clients in various development matters.
other municipal or county buar4s/t :u emitters on which you are serving: mane
List three local personal referoncft and phone numbers:
OCT 2 7 2009
R G. David, 910 - 395- :L655 , ext. 223 1 1
2. Mike Br 910-332-411-1
3. Donna Girardot, 914 -799- -2611
Mt.: Cc=ber 27 , 2009 r
Applarsciodc aro kepi oa die for 14 monrhs
Signature:
U3e rev arse a i4 a fur add; 9;anal cum gaga 1.2
26 -3 -6
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Govemment Center Drive, Suite 175 ,
Imingtan, NC 284 COMMITTEE APPLICATION
Telephone (910) 798 -7149 �'<<
FAX (910) 798 -7145
x
Board /Committee: Zon ing Board of Adjustment
Name Linda Reece E -Mail lfreece97@gmail.com
Home
Address 3928 Brinkman Drive, Wilmington, NC 28405
(st reet) y (Z ip Go de
Mailing Address if different:
(City) (Zip Code)
Home Phone: 9102640547 Fax: Cell: 9102640547 Business: 9523738
Years living in
New Hanover Coun 4 Male: v Race: White A ge: 41
(information for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? if yes, name No
Employer, UNCW
A person currently employed by the agency or department for which this application is made, must resign hislher position with New Hanover County upon appointment, in
accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
Occupation Enrollment Research Analyst
Professional Activities SENC- American Society for Public Administration
Volunteer Acd vities: Girl Scouts, Trask PTA
Why do you wish to serve on this board/co ttee? I want to be a part of my community. I have an
interest in zoning and I think my skills would be used here.
Conflict of Interest: If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter .
What areas of concern would you like to see addressed by this committee? Transparency. Many people do
not understand that decisions such as these are not arbitrary.
Qualifications for serving I have a masters of public admninstration . I work in a highly
technical job so I understand the need to be specific and to see the big picture.
Other municipal or county boardslcommittees on which you are serving: None
List three local personal references and phone numbers RECEIVED
1. Danette Brown, 910- 547 -3681
2. Bruce Moskowitz, 910-- 763 -8499
3. Tanya Croom, 910- 538 -4655
Date: 10/24/2412
Applications are kept on file for 18 months
Please use reverse side for additional comments
Signature
1 understand that any board or committee appointee may be removed
without cause by a majority of County Commissioners.
26 -3 -7