HomeMy WebLinkAboutAgenda 2013 01-22New Hanover County,
North Carolina
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January 22, 2073
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
AGENDA
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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
WOODY WHITE, CHAIRMAN • BETH DAWSON, VICE -CHAIR
JONATHAN BARFIELD, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • THOMAS WOLFE, COMMISSIONER
CHRIS COUDRIET, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
JANUARY 22, 2013 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Woody White)
NON - SECTARIAN INVOCATION (Reverend John A. McLaughlin, St. Jude Metropolitan Community
Church)
PLEDGE OF ALLEGIANCE (Commissioner Thomas Wolfe)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of State Road Resolution
3. Adoption of a Resolution to Accept a Donation of Equipment from Firehouse
Subs Public Safety Foundation Valued at $15,457
4. Appointment to New Hanover County Fire Rescue Firefighters Relief Fund
Board
5. Approval to Submit an NEA Big Read Grant Application
6. Approval of Declaration of School Bus as Surplus Property and Approval of
Donation to New Hanover County Schools
7. Approval to Apply for a Grant from the Cape Fear Memorial Foundation for the
Prescription Drug Assistance Program
8. Adoption of Budget Amendments
REGULAR AGENDA ITEMS OF BUSINESS
9. Presentation of Service Awards to Retirees and Employees and New Employee
Introductions
10. Consideration of a Resolution of Appreciation for the Collective Effort to Place
Security in New Hanover County Elementary Schools
11. New Hanover County Board of Examiners of Electricians Annual Update
12. New Hanover County Board of Mechanical Examiners Annual Update
13. New Hanover County Plumbing Board of Examiners Annual Update
14. Public Hearing
Special Use Permit (S -611, 12/12) - Request by Joe Suleyman, Environmental
Management Director to Obtain a Special Use Permit to Expand the New
Hanover County Landfill onto Adjacent Properties (The properties are located
within an I -2 Heavy Industrial District at 5200 and 5210 US Highway 421
North.)
15. Consideration of a Resolution Authorizing a Grant Application to N.C. Clean
Water Management Trust Fund to Eliminate Failing Septic Systems in Marquis
Hills and Heritage Park Communities and Request to CFPUA for Financial
Assistance for this Project
Board of Commissioners Meeting
01/22/2013
16. Consideration of Submission of a Grant Application for $250,000 to the North
Carolina Department of Transportation 5310 Grant to Fund Transportation for
the Elderly and Disabled
17. Consideration of Submission of an Application to the North Carolina Parks and
Recreation Trust Fund for Grant Monies to Expand Castle Hayne Park
18. Consideration of a Cape Fear Memorial Foundation Grant Application for
Renovation of Facilities for New Hanover County Health Department in the
Amount of $300,000
19. Presentation of Programming Change for New Hanover County Television
(NHCTV)
20. Consideration of Items for 2013 — 2014 Legislative Agenda
21. Health and Human Services Agency Organization and Governance
22. Consideration of Revisions to the County Code of Ordinances, Chapter 44, Solid
Waste
23. Committee Appointments
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
24. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
25. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
01/22/2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 1
DEPARTMENT: PRESENTER(S): Chairman White
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review Meeting held on January 3, 2013
Regular Meeting held on January 7, 2013
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)
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
1 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 2
DEPARTMENT: PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Adoption of State Road Resolution
BRIEF SUMMARY:
NCDOT is considering the addition of the following road and requesting the Board to adopt a resolution in
support of adding the road to the state system:
Glennburn Court located within the Addenbury Subdivision in New Hanover County (Division File No.
1188 -N).
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR -2 resolution.
ATTACHMENTS:
NCDOT Request Letter
SR -2 Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
2 -0
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAvEs PERDUE
GovERNoR
December 19, 2012
Ms. Sheila Schult, Clerk to the Board
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
R E C E I V E 0
DEC a 12012
NHC BOCC
EUGENE A. CONT4 JR.
SECRETARY
Subject: Proposed Addition to the State System of Highways; Glennburn Court
(Div. File No: 1188 -N)
Dear Ms. Schult:
This office is considering adding Giennburn Court. Request for the roadway addition
located within Addenbury subdivision in New Hanover County to the state system.
After the Board's consideration, if they concur with our recommendation, please fumish
this office with the current county resolution and official road name for our further
handling.
If I may be of further assistance, please advise.
Sincerely,
GU
Anthony . L
District Engineer
AWL: jdd
Attachments: Copy of SR -1 Road Petition request form and locator map
300 Division Drive, Wilmington, N.C. 25401 Tel: (91 D) 251-2655 Fax: (910) 251-2759
Board of Commissioners Meeting
01/22/2013
2 -1 -1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Glennburn Court located within the Addenbury Subdivision in New
Hanover County (Division File No. 1188 -N).
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System,. and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described roads) should be added to the Secondary Road System, if the roads) meets
minimum standards and criteria established by the Division ofHighways of the Department
of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the roads) for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 22 day of Janua , 2013.
WITNESS my hand and official seal this the 22 day of Janua , 2013.
Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR -2
Please Note: Forward directly to the District Engineer, Division of Highways.
Board of Commissioners Meeting
01/22/2013
2 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 3
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Grant Vick, Fire Captain
SUBJECT:
Adoption of a Resolution to Accept a Donation of Equipment from Firehouse Subs Public Safety
Foundation Valued at $15,457
BRIEF SUMMARY:
New Hanover County Fire Services submitted an application to Firehouse Subs Public Safety
Foundation requesting the following equipment: (1) Hurst E- draulic Vehicle Extrication SC 350 E Combi
Package; and (2) Hurst R411 E Ram Package.
This equipment will assist in extricating individuals from vehicles when dealing with accidents and allow
inter - operations with the City of Wilmington Fire Department. The application for equipment was approved
and the foundation will donate the requested equipment valued at a not -to- exceed amount of $15,457. There
is no local match requirement.
The Firehouse Subs Public Safety Foundation is dedicated to improving the life - saving capabilities of first
responders in communities served by Firehouse Subs by providing funding, resources, and support. Once the
equipment is in use, there will be a media presentation /press event at a local Firehouse Subs restaurant to
demonstrate the equipment and acknowledge the donation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution and associated budget amendment 13 -134 to accept the equipment donated by Firehouse
Subs Public Safety Foundation.
ATTACHMENTS:
Resolution
Budget Amendment 13 -134
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
01/22/2013
3 -0
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
3 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ACCEPTANCE OF FIRE SAFETY EQUIPMENT
WHEREAS, New Hanover County Fire Services submitted an application to Firehouse Subs Public
Safety Foundation requesting the following equipment: (1) Hurst E- draulic Vehicle Extrication SC
350 E Combi Package; and (2) Hurst R411 E Ram Package; and
WHEREAS, this equipment will assist in extricating individuals from vehicles when dealing with
accidents and allow inter - operations with the City of Wilmington Fire Department; and
WHEREAS, the application for equipment was approved and the foundation will donate the
requested equipment valued at a not -to- exceed amount of $15,457; and
WHEREAS, a budget amendment for accounting purposes only, is required to record the value of
the donations and said budget amendment is attached as part of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the equipment named above is accepted, the budget amendment and resolution are adopted; and
County staff is directed to process any required documents to finalize the transaction.
Adopted this 22 day of January, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
3 -1 -1
AGENDA: January 22, 2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 134
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 13 -134 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: Fire Services
Department: Fire Services Operations
Expenditure:
Decrease
Increase
Capital outlay
$15
Total
$0 $15
Revenue:
Decrease
Increase
Firehouse Subs Public Safety Foundation grant
$15
Total
$0 $15
Section 2: Explanation
Fire Services has been awarded equipment valued at a not -to- exceed amount of $15,457. The equipment
consist of (1) Hurst E- draulic Vehicle Extrication SC 350 E Combi Package and (2) Hurst R411 E Ram
Package. The award requires no matching funds from the County.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 13 -134, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 22nd day of January, 2013.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
3 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 4
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Donnie Hall, Fire Chief or Matt Davis, Deputy Fire Chief
SUBJECT:
Appointment to New Hanover County Fire Rescue Firefighters Relief Fund Board
BRIEF SUMMARY:
The North Carolina Department of Insurance administers the North Carolina Fire Department Relief Fund
Program. Fire Departments receive 1/2 of one percent of Fire Insurance premiums collected in their area. A
local board of trustees provides oversight of the Benevolent Fund.
In accordance to G.S. 58- 84 -30, New Hanover County Board of County Commissioners shall appoint two
trustees to the New Hanover County Fire Rescue Firefighters Relief Fund Board. Due to retirement, one
vacancy exists. Per recommendation of the Relief Fund Board and the Fire Chief, Lisa Wurtzbacher
is proposed as successor.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Recognize and reward contribution
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of appointment of Lisa Wurtzbacher as trustee member of the New Hanover County Fire Rescue
Firefighters Relief Fund Board.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Appoint Lisa Wurtzbacher.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
4 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 5
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Museum Director
CONTACT(S): Ruth Haas, Museum Director
SUBJECT:
Approval to Submit an NEA Big Read Grant Application
BRIEF SUMMARY:
National Endowment for the Arts (NEA) Big Read Programs encourage a community -wide project centered
around reading and discussing one book with additional cultural programs to expand appreciation of the
literature. New Hanover County Library is the required library partner for the application. Other
collaborating partners include UNCW, CFCC, NHCS, Cape Fear Literacy Council, The Arts Council,
Cameron Art Museum, World War II Coalition, WHQR, and others. This application builds upon experience
of The Great Gatsby Big Read, in which most of the present partners are offering community programs
during the spring of 2013.
The Museum is taking the lead on this project in order to expand awareness and community involvement in
the Smithsonian Traveling exhibit, Mail Call, scheduled for Veterans Day weekend 2013 through mid -
February 2014. The selected book is The Things They Carried, by Tim O'Brien, a novel about soldiers'
experiences during the Vietnam War. The book compliments the exhibit, which shares the importance of
letters and care packages received by soldiers from the Revolution to the present.
The grant will request close to the maximum of $20,000 in grant funds. The grant requires a 1:1 match. The
match will primarily be met with in -kind salaries, venues, and free - press. Matching funds will be gained
from private sources and /or participating organizations. Acceptance of the grant will not require additional
staff nor County funds beyond in -kind salaries and venues.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
• Market and promote New Hanover County assets
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Cape Fear Museum's submittal of an NEA Big Read grant application, due February 5, 2013.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
01/22/2013
5 -0
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
5 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 6
DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director
CONTACT(S): James Derseraux, Equipment Shop Superintendent; Lena Butler, Purchasing Supervisor
SUBJECT:
Approval of Declaration of School Bus as Surplus Property and Approval of Donation to New
Hanover County Schools
BRIEF SUMMARY:
In April 2006, the County purchased a 2006 Ford E350 Super Duty Bus, vehicle identification number
1FDWE35P660DA21032 for transporting youth to and from the Juvenile Day Treatment Center (JDTC).
When this program was discontinued in 2010, the bus was transferred to Parks, Gardens, and Senior
Resources Department; however, it has rarely been used since being transferred.
In order to find better use for the bus, staff contacted personnel at New Hanover County Schools and was
informed that the transportation director was interested in acquiring the bus for the school's transportation
program.
North Carolina General Statue 153A -176 and 160A -280 permits the donation of any personal property
including supplies, materials, and equipment that the Board deems to be surplus, obsolete, or unused to
another governmental unit within the United States pursuant to a resolution adopted after the posting of a
public notice of such resolution at least five (5) days prior to the adoption of the resolution.
A public notice was placed in the Star News on January 13, 2013 detailing the County's intent to donate the
bus to New Hanover County Schools as required by law.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution to declare school bus surplus property and approve donation of property to New Hanover
County Schools.
ATTACHMENTS:
Public Notice
NHC School Bus Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
01/22/2013
6 -0
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
6 -0
PUBLIC NOTICE
At their meeting scheduled for Tuesday, January 22, 2013 at 9:00 AM, New Hanover
County Board of Commissioners will consider a resolution to declare surplus and donate
a 2006 Ford E350 Super Duty Bus to New Hanover County Schools. This meeting will
be held at the New Hanover County Historic Courthouse located at 24 N. Third St.,
Wilmington, NC 28402.
Published: Sunday, January 13, 2013
Board of Commissioners Meeting
01/22/2013
6 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
DONATION OF SCHOOL BUS TO NHC SCHOOLS
WHEREAS, a request has been made from New Hanover County Schools for the donation of a
2006 Ford E350 Super Duty Bus, vehicle identification number 1 FDWE3 SP660DA21032 for use in
their operations; and
WHEREAS, pursuant to North Carolina General Statues 153A -176 and 160A -280, the County may
donate to another governmental unit within the United States any personal property, including
supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused
pursuant to a resolution adopted after the posting of a public notice of such resolution at least five (5)
days prior to its adoption; and
WHEREAS, this donation will aid the County Schools in their work for the community and staff has
posted the public notice as required prior to the adoption of this resolution approving the donation.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners:
1. That the 2006 Ford E350 Super Duty Bus, vehicle identification number
1 FDWE3 5P660DA21032 is declared surplus property; and
2. That the donation of the Bus to New Hanover County Schools is approved; and
3. That County staff is directed to process any required documents to complete the transaction.
ADOPTED this 22 day of January, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
6 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 7
DEPARTMENT: Aging PRESENTER(S): Janine Powell, Development Manager and Ben
Brow, Senior Resources Manager
CONTACT(S): Janine Powell, Development Manager and Ben Brow, Senior Resources Manager
SUBJECT:
Approval to Apply for a Grant from the Cape Fear Memorial Foundation for the Prescription Drug
Assistance Program
BRIEF SUMMARY:
We request approval to apply for $10,000 from the Cape Fear Memorial Foundation to support the Drug
Assistance Program. The Prescription Drug Assistance Program served more than 1,500 seniors last year.
The program helped save more than $1 million dollars by contacting pharmaceutical companies for direct
assistance. Without this program, many local seniors would have to go without vital medicines due to cost.
There is no match required by this grant.
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:
Approval to move forward with grant application.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
7 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
CONSENT
ITEM: 8
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2013.
13 -137 - Sheriffs Office
2013 -43 Sheriffs Office
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendments listed.
ATTACHMENTS:
B/A 13 -137
B/A 2013 -43
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
8 -0
AGENDA: January 22, 2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13 - 137
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 13 -137 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
Expenditure:
Decrease
Increase
Sheriffs Office
$6
Total
$0 $6,178
Revenue:
Decrease
Increase
Sheriffs Office
$6
Total
$0 $6,178
Section 2: Explanation
To budget reimbursement of $6,178 for overtime for the Detectives Division of the Sheriffs Office for the
period of October and November 2012. Reimbursement is from the FBI for overtime worked by the New
Hanover County Sheriffs Detectives on FBI cases.
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 -137, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 22nd day of January, 2013.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
8 -1 -1
AGENDA: January 22, 2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013 - 43
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2013 -43 be made to the annual budget ordinance for the fiscal year ending
June 30, 2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Sheriff s Office
$21
Total
$0 $21,600
Revenue:
Decrease
Increase
Sheriff s Office
$21
Total
$0 $21,600
Section 2: Explanation
To budget Federal Forfeited Property receipts of 1/7/13. Federal Forfeited Property funds are budgeted as
received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the
Federal Forfeited Property fund is $5,877. Funds are received on a monthly basis.
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 -43, amending the annual budget
ordinance for the fiscal year ending June 30, 2013, is adopted.
Adopted, this 22nd day of January, 2013.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
8 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 9
DEPARTMENT: PRESENTER(S): County Commissioners and Chris Coudriet,
County Manager
CONTACT(S): Tracy Dawson, Human Resources Specialist
SUBJECT:
Presentation of Service Awards to Retirees and Employees and New Employee Introductions
BRIEF SUMMARY:
Service awards will be presented to retirees and employees. New employees will be introduced and invited to
have their photo taken with the Board of Commissioners to be placed on the County's website.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Hire, develop and retain talented people
• Recognize and reward contribution
• Create and support an engaged workforce
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards, recognize new employees and take photo.
COMMISSIONERS' ACTIONS:
Presented service awards, recognized new employees and took photo.
Board of Commissioners Meeting
01/22/2013
9 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 10
DEPARTMENT: County Manager PRESENTER(S): Chairman White
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Consideration of a Resolution of Appreciation for the Collective Effort to Place Security in New
Hanover County Elementary Schools
BRIEF SUMMARY:
The Board wishes to recognize Sheriff McMahon, the City of Wilmington, the Town of Carolina Beach, the
Town of Wrightsville Beach and the New Hanover County Board of Education for their partnership with
New Hanover County to provide security to New Hanover County Elementary Schools in the wake of the
Sandy Hook Elementary School tragedy on December 14, 2012.
The collaborative efforts of local officials have provided security in the short term, as long term solutions are
evaluated. The community is well served by the impressive efforts of our local leaders. A resolution has been
prepared to express appreciation to those that have committed to this effort.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
• Collaborate on service delivery and implement opportunities to reduce duplication of services
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
School Security Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
01/22/2013
10 -0
Approved 4 -0.
Board of Commissioners Meeting
01/22/2013
10 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF APPRECIATION
FOR THE COLLECTIVE EFFORT TO PLACE
SECURITY IN NEW HANOVER COUNTY ELEMENTARY SCHOOLS
WHEREAS, the nation continues to mourn the tragic loss of life at Sandy Hook Elementary School
in the town of Newtown, Connecticut on December 14, 2012; and
WHEREAS, communities across America are engaging in dialogues to determine ways to protect
our children; and
WHEREAS, New Hanover County officials and leaders have collectively moved swiftly to put
security measures in place to protect elementary school students and staff for the remainder of the
school year; and
WHEREAS, the New Hanover County Board of Commissioners proudly acknowledges the
following organizations for their commitments:
• Sheriff Ed McMahon is providing security for the month of January, 2013 and managing the
security with the aid of other organizations through the remainder of the current school year
• The City of Wilmington has reassigned four officers to the Sheriff through the end of the
school year for school security in the City
• Carolina Beach has agreed to fund its own officer at Carolina Beach Elementary School
• Wrightsville Beach has allocated up to $28,500 to assist with personnel costs in the Sheriff's
Office for school security at Wrightsville Beach Elementary School
• The New Hanover County Board of Education has agreed to cover up to fifty percent of the
costs for security after we account for the force multipliers added by the City of Wilmington
and Carolina Beach and the cost share authorized by Wrightsville Beach.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners proudly recognizes the commitments of Sheriff Ed McMahon, the City of
Wilmington, the Town of Carolina Beach, the Town of Wrightsville Beach and the New Hanover
County Board of Education to provide security in New Hanover County Elementary Schools;
expresses appreciation, and takes pride in our community's demonstration of productive
collaboration to serve and protect our citizens.
ADOPTED this the 22 day of January, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
10 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 11
DEPARTMENT: PRESENTER(S): James R. Shivar, Jr., Chief Electrical Code
Enforcement Official/New Hanover County Board of Examiners of
Electricians Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and James R. Shivar, Jr., Chief Electrical Code
Enforcement Official
SUBJECT:
New Hanover County Board of Examiners of Electricians Annual Update
BRIEF SUMMARY:
The New Hanover County Board of Examiners of Electricians 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 Board of Examiners of Electricians Information
New Hanover County Board of Examiners of Electricians Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
01/22/2013
11 -0
NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS
Number of Members: 5 consisting of 1 Chief County Electrical Inspector, 2 Independent Electrical
Contractors, 1 Electrical Contractor Nominee by Power Company, 1 Electrical Contractor nominated
by the County Division of N.C. Association of Electrical Contractors
Regular Meetings: Meetings are held as required usually every two months in the office of the
County's Chief Electrical Code Enforcement Official at the County Government Center.
Compensation: None
Term of Office: 2 years - may be reappointed
Statute or Cause Creating Board: New Hanover County Code, Chapter 11, Article 4, Section
11 -241
Brief on the Functions: The primary purpose of this Board is to issue certificates of competence to
Journeyman Electricians and Apprenticeship cards to new electrician helpers. The Board
establishes minimum journeyman standards and issues certificates to those passing a written
examination. Generally, recognition is given to Journeyman certificates issued by other jurisdictions.
Revised: 10/19/2011
Board of Commissioners Meeting
01/22/2013
11 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Charles A. Harrell
Electrical
First 8/13/07
9/1/09
6573 Murrayville Road
Contractor
Second 9/21/09
9/1/11
Wilmington, NC 28411
Third 10/17/11
9/1/13
791 -1910 (H) 395 -0717 (W)
Michael Pulley
Electrical
First 8/15/05
9/1/07
P.O. Box 10382
Contractor
Second 8/13/07
9/1/09
Wilmington, NC 28404
Third 9/21/09
9/1/11
790 -9081 (H) 798 -1280 (W)
Fourth 10/17/11
9/1/13
Eddie Richards
NC Assoc.
8734 Lowes Island Drive
Nominee
Wilmington, N.C. 28411
231 -8567
Dale Sutton
Power
Progress Energy
Company
P.O. Box 1110
Nominee
Wilmington, NC 28402
256 -7293 (W)
Staff Support: James R. Shivar, Chairman
Chief Electrical Code Enforcement Official
9/11
New Hanover County Planning and Inspections Dept.
File: /Electricians
Government Center Drive, Suite 110
B/C #9
798 -7205
Revised: 10/19/2011
Board of Commissioners Meeting
01/22/2013
11 -1 -1
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Board of Commissioners Meeting
01/22/2013
11 -2 -5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 12
DEPARTMENT: PRESENTER(S): Bruce Polity, New Hanover County Board of
Mechanical Examiners Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and William Eubanks, Chief Plumbing and Mechanical
Inspector
SUBJECT:
New Hanover County Board of Mechanical Examiners Annual Update
BRIEF SUMMARY:
The New Hanover County Board of Mechanical Examiners 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 Board of Mechanical Examiners Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
01/22/2013
12 -0
NEW HANOVER COUNTY
BOARD OF MECHANICAL EXAMINERS
Number of Members: 6 appointed by the Board of Commissioners as follows:
2 mechanical contractors
1 person experienced in gas piping installations
1 person experienced in commercial grease extractor systems
1 person experienced in heat, ventilation and air Conditioning installations
1 N. C. Registered Mechanical Engineer
Terms of Office: 2 years
Qualifications: Each member shall have a minimum of five years of experience in his or her
representative field.
Compensation: none
Regular Meetings: The Board shall meet after each examination, but not less than twice a year.
Statute or cause creating Board: General Statutes 153A -352, New Hanover County Code
Chapter 5, "Building" Amended by adding a new Article VII, "Regulation of Mechanical Work ",
dated 7/20/87 and amendment dated 12/19/88.
Brief on Functions: To issue certificates to all persons who (1) provide satisfactory evidence to
the Board regarding their training and education; (2) pass an examination administered by the
Board, and (3) provide evidence of two years of experience in their perspective fields. To
administer written or oral examination quarterly on the first Tuesday in January, April, July and
October. The Board may revoke certificates and reinstate certificates in accordance with the
County Code.
CURRENT MEMBERS
CATEGORY
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Thomas L. Crittenden Jr.
Class III
First 8/16/04
8/31/06
1144 Princeton Drive
Journeyman
Second 8/14/06
8/31/08
Wilmington, NC 28403
Mechanic
Third 9/22/08
8/31/10
763 -4025 (H) 343 -1234 (W)
Fourth 9/20/2010
8/31/12
Fifth 10/15/12
8/31/14
Larry Lisk
Mechanical
First 8/13/07
8/31/09
137 King Arthur Drive
Contractor
Second 8/17/09
8/31/11
Wilmington, NC 28403
Third 11/21/11
8/31/13
256- 9547(H) 796 -3978 (W)
Ray McClory
Class II
First 8/14/06
8/31/08
113 Yorkshire Lane
Journeyman
Second 9/22/08
8/31/10
Wilmington, NC 28409
Mechanic
Third 9/20/2010
8/31/12
675 -1944 (H) 675 -1944 (W)
Fourth 10/15/12
8/31/14
Board of Commissioners Meeting
01/22/2013
12 -1 -1
NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS (CONY.)
CURRENT MEMBERS
CATEGORY
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Michael A. Callari
Class I
First 10/15/12
8/31/14
502 N. Green Meadows Drive
Journeyman
Wilmington, NC 28405
Mechanic
686 -6389 (H) 686 -2811 (W)
Bruce Polity, Chairman
Mechanical
First 8/13/07
8/31/09
802 Rolling Hills Cove
Contractor
Second 8/17/09
8/31/11
Wilmington, NC 28409
Third 11/21/11
8/31/13
452- 7816(H) 772- 1555(W)
David B. Sims, Jr.
NC Registered
First 8/17/09
8/31/11
2512 Shandy Lane
Mechanical Eng.
Second 11/21/11
8/31/13
Wilmington, NC 28409
799 -0599 (H) 791 -8016 (W)
Staff Contact:
File: \Mechanical
William Eubanks, Chief Plumbing & Mechanical
B/C #19- 10.12
Inspector; Planning and Inspections Department
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7206
Revised: 10/16/2012
Board of Commissioners Meeting
01/22/2013
12-1-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 13
DEPARTMENT: PRESENTER(S): Ernest Duarte, Plumbing Board of Examiners
Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and William Eubanks, Chief Plumbing and Mechanical
Inspector
SUBJECT:
New Hanover County Plumbing Board of Examiners Annual Update
BRIEF SUMMARY:
The New Hanover County Plumbing Board of Examiners 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 Plumbing Board of Examiners Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
01/22/2013
13 -0
NEW HANOVER COUNTY
PLUMBING BOARD OF EXAMINERS
Number of Members: 3 (2 Master Plumbers and 1 Journeyman Plumber)
Ex- Officio: New Hanover County Plumbing Inspector
Term of Office: 3 years
Qualifications: A journeyman plumber is a person skilled or trained in the installation of a
plumbing system in commercial or residential properties; and shall have in his possession a valid
license issued by the Board of Plumbing Examiners of New Hanover County, or a valid license
from another county in North Carolina.
Compensation: None
Regular Meetings: Held as necessary in the Inspections and Planning Department
Statute or cause creating Board: N.C. General Statutes 14 -4 and an Ordinance requiring
Plumbing Installations to be made by Journeyman Plumbers and governing the licensing of
Journeyman Plumbers in New Hanover County, dated October 20, 1975, amended May 17, 1976.
Brief on Functions: To administer tests and issue license to qualified plumbers.
Revised: 2/23/2011
Board of Commissioners Meeting
01/22/2013
13 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Ernest Duarte, Master Plumber - Chairman
First 1/19/10
12/1/12
4917 Grosse Woods Drive
Wilmington, NC 28411
791 -7071 (H) 367 -8426 (W)
Randall J. Siegel
First 11/13/06
12/1/09
448 Marsh Oaks Drive
Second 12/7/09
12/1/12
Wilmington, NC 28411
686 -0068 (H) 352 -6766 (W)
David K. Woodbury, Master Plumber
First 2/21/11
12/1/14
2308 Waverly Drive
Wilmington, NC 28403
763 -6888 (H) 763 -4324
William Eubanks, Chief Plumbing Inspector
File: /Plumbing
New Hanover County Inspections Department
B/C #25 2/11
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7206
Revised: 2/23/2011
Board of Commissioners Meeting
01/22/2013
13 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 14
DEPARTMENT: PRESENTER(S): Shawn Ralston, Planning Manager (PB Rep: Andy
Heath)
CONTACT(S): Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Special Use Permit (5 -611, 12/12) - Request by Joe Suleyman, Environmental Management Director to
Obtain a Special Use Permit to Expand the New Hanover County Landfill onto Adjacent Properties
(The properties are located within an I -2 Heavy Industrial District at 5200 and 5210 US Highway 421
North.)
BRIEF SUMMARY:
New Hanover County Environmental Management requests to expand the New Hanover County Landfill
onto two adjacent parcels totaling 276.85 acres.
-The parcels are located within an I -2 Heavy Industrial District and are currently in County ownership.
-The proposed expansion will include the construction of nine disposal cells totaling approximately 90 acres,
an office, maintenance area and citizen's drop- off /recycling area.
-The parcels are classified as Natural Heritage Resource Protection, Conservation and Transition according
to the 2006 CAMA Land Use Plan.
-A Traffic Impact Analysis (TIA) was not required since the use was not estimated to generate more than 100
trips during any peak hour period on the surrounding roadways. A traffic impact worksheet was completed
which estimates peak hour trips. Since the project will provide future waste disposal from the same sources
that currently send waste to the County's landfill, new traffic will not be generated by the proposed
expansion. Impacts on local traffic will not be significantly different from that which is already experienced
in this area.
The Planning Board voted 5 -0 at their December 6, 2012 meeting to recommend approval subject to three
conditions recommended by staff, which the County, as the applicant, accepts. One person from the public
provided comments neither in favor nor opposed to the special use permit.
This item was continued from the January 7, 2013 Board of Commissioners meeting.
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
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners Meeting
01/22/2013
14 -0
Staff recommends approval with the following conditions:
1. The applicant continue to work with the North Carolina Natural Heritage Program to identify the
extent of any significant plant or animal species on the subject properties and to protect these
species when practicable in dedicated natural areas or to provide mitigation areas when species
cannot be protected.
2. The applicant consults with the North Carolina Plant Conservation Program to determine the best
mitigation strategy for the subject parcels.
3. The combination of the two parcels to alleviate potential issues with the required 50' setback.
Note: A Special Use Permit is a quasi-judicial action 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 Permit; or
2. Grant the Special Use Permit and add conditions to the Special Use; or
3. Deny the Special Use Permit on the grounds that the Findings of Fact violate one or more of the
four criteria.
ATTACHMENTS:
S -611 Script
S -611 Staff Summary
S -611 Petition Summary
S -611 Adjacent Property Owners Map
S -611 Zoning Map
S -611 Aerial Map
S -611 Site Plan - Prelim
S -611 Application Package
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval with conditions, as presented.
COMMISSIONERS' ACTIONS:
Approved with conditions recommended by staff 5 -0.
A motion to have the environmental department and staff bring forward a comprehensive solid waste
management plan was approved 5 -0.
Board of Commissioners Meeting
01/22/2013
14 -0
SCRIPT FOR SPECIAL USE PERMIT S -611, 12/12
Request by Joe Suleyman, Environmental Management Director to obtain a special
use permit to expand the New Hanover County Landfill onto adjacent properties. The
properties are located within an 1 -2 Heavy Industrial District at 5200 and 5210 US
Highway 421 North. The parcels are classified as Natural Heritage Resource Protection
according to the 2006 CAMA Land Use 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.
Motion to grant the permit -All findings are positive.
Motion to grant, subject to conditions specified below:
(State Conditions)
Motion to deny because, if completed as proposed, the development more
probably than not:
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:
Board of Commissioners Meeting
01/22/2013
14 -1 -1
SPECIAL USE PERMIT
S -611, 12/12: Request to expand the New Hanover County Landfill onto
two adjacent parcels of land totaling 276.85 acres located
within an I -2 Heavy Industrial District
Request By: Joe Suleyman, Environmental Management Director
Location: Parcel ID 320001 -49- 4731 -000 located at 5200 US HWY 421
North (Parcel 1) 3.85 acres
Parcel ID 320104 -70 -6788 -000 located at 5210 US HWY 421
North (Parcel 2) 273 acres
Planning Board Action: Planning Board voted 5 -0 to recommend approval of the
requested special use permit with the three conditions recommended by Staff on
page 5.
Preliminary Staff Findings of Fact
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 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 parcels are located in the New Hanover County Fire Service District.
B. Parcel 2 is partially located within the 100 year floodplain.
C. The subject parcels will provide for future waste disposal from the same sources
that currently send waste to the County's landfill. As such, new traffic will not be
generated as a result of the expansion and impacts on local traffic will not be
significantly different from that which is already experienced in this area. The
Average Daily Traffic (ADT) count for the nearest intersection located at US HWY
421 N and Sutton Lake Road was estimated at 9,820 in 2011 and functions at a
Level of Service (LOS) A, which indicates that little to no delay is currently
occurring at the intersection. The traffic impact worksheet submitted by the
applicant estimates 52 AM peak hour trips and 42 PM peak hour trips which did
not require the applicant to complete a Traffic Impact Analysis (TIA). AM trips
were calculated between 10 AM and 11 AM. PM trips were calculated between
12 PM and 1PM, 1 PM and 2 PM, and 2PM and 3 PM.
D. Based on preliminary GIS maps, predominant resources on parcel 1 are identified
as Longleaf Pine and Turkey Oak Woodland. Predominant resources on parcel 2
are identified as a combination of Longleaf Pine and Turkey Oak Woodland,
Natural Ponds, Swamp Forest and Pocosin with Class IV soil. Further field
S -611, 12/12
Page 1
Board of Commissioners Meeting
01/22/2013
14-2-1
determination is required; however, Natural Ponds, Swamp Forest and Pocosin
(with Class IV soils) are identified as conservation resources in the County's
Conservation Overlay District and may require performance controls in areas
where these resources are found.
E. The landfill is considered a heavy industrial use and is located within an 1 -2
zoning district, which is an area set aside for heavy industry in the County. The
subject parcels are located adjacent to land zoned 1 -2 that is currently either
developed for the same particular use as that which is proposed or by other
existing established industry.
Staff Suggestion: The evidence in the record at this time supports a finding that the use
will not materially endanger the public health or safety where proposed
Finding 2 : The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
A. Section 57.4.1 of the Zoning Ordinance requires a review of external effects. The
applicant is proposing to expand the existing New Hanover County Landfill onto
the subject parcels. The existing landfill site received a special use permit in
1981 and meets or exceeds current standards for sound, vibration, heat
discharge, glare, odor, air quality and water quality, as applicable under federal,
state, and local regulations. The new site will include the same requirements as
already in place at the existing site, and the applicant has stated that it will meet
or exceed these requirements. The new site will require the following permits:
i. National Pollution Discharge and Elimination System (NPDES)
permit to comply with the Clean Water Act
ii. Federal Resource Conservation and Recovery Act (RCRA) Permit
iii. Title V Permit to comply with the Clean Air Act
iv. Stormwater, Erosion and Sediment Control Permits
B. The applicant will provide, at a minimum, a 300' buffer and setback from all
adjoining properties — which exceeds the 50' setback that is required in Section
72 -13 of the Zoning Ordinance. All refuse, buildings or structures proposed on
the subject parcels will be outside of the 300' setback. Section 72 -13 specifically
dictates that the setback be measured from all property lines. Therefore, in
order to achieve the required setback from all adjoining properties, as well as all
property lines (both internal and external), the applicant proposes to combine
the two subject parcels into one to remove the setback requirement from the
internal property line of the 2 subject properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use
meets all required conditions and specifications of the Zoning Ordinance.
S -611, 12/12
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14 -2 -2
Finding 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 subject properties are located just south of the existing New Hanover
County Landfill and are within an established 1 -2 Heavy Industrial district. The
existing landfill has been operating at its current location since 1981.
B. The land uses to the south of the subject property were in place prior to the
development of the original landfill in 1981 and are also industrial.
C. The area to the east is comprised of natural wetlands that extend to the
Northeast Cape Fear River and falls within the 100 year floodplain. No operation
or construction is proposed in this area.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will
not substantially injure the value of adjoining or abutting property.
Finding 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. The 2006 Joint CAMA Land Use Plan shows the land classification as Natural
Heritage Resource Protection on parcel 1 and a combination of Natural Heritage
Resource Protection, Conservation and Transition on parcel 2.
The applicable Natural Heritage Resource Protection Area is the 421 Sand Ridge,
a pivotal area connecting major ecosystems in southeastern NC located
specifically in northern New Hanover and southern Pender County. The N.C.
Natural Heritage Program identified a State threatened species of grass, big
three -awn grass (Aristicla condensata), on the proposed site and has
recommended further evaluation of the extent of the species on the subject
parcels. In addition, a significantly rare species of snake, the Coachwhip snake
(Masticophis flagellum), has also been identified on the properties.
The applicant has contracted with an environmental consulting firm to conduct
habitat studies that will more closely define the presence of significant plant and
animal species on the subject parcels. Once those areas have been identified,
the applicant will, where possible, conserve the resource, and in other instances,
mitigate the resource either on the existing landfill site or in another comparable
location.
The area classified as Conservation is encompassed by the 100 year floodplain.
The purpose of the Conservation class is to provide for effective long -term
S -611, 12/12
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management and protection of significant, limited or irreplaceable natural
resources including the floodplain and estuarine areas of environmental concern
(AEC's). No operation or construction will occur in the conservation area, and it
will be preserved in its natural state.
The purpose of the Transition class is to provide for future intensive urban
development on lands that have been or will be provided with necessary urban
services.
B. The subject property is zoned 1 -2 Heavy Industry. The 1 -2 zoning district was
established to set aside areas of the County for a full range of heavy industrial
uses where the industry can find suitable sites served by rail, waterway and
highway transportation. The district was also established to protect
nonindustrial districts situated outside the district and minimize environmental
impacts caused by the uses within the district. All adjacent properties are also
zoned 1 -2 and include existing established industrial uses.
Staff Suggestion: The evidence in the record at this time supports a finding that the plan
as submitted 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.
S -611, 12/12
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Summary
Staff concludes that the proposal meets the requirements of the Ordinance and that all
findings are positive. However, staff recommends that the following conditions be required:
1. The applicant continue to work with the North Carolina Natural Heritage Program to
identify the extent of any significant plant or animal species on the subject
properties and to protect these species when practicable in dedicated natural areas
or to provide mitigation areas when species cannot be protected.
2. The applicant consults with the North Carolina Plant Conservation Program to
determine the best mitigation strategy for the subject parcels.
3. The combination of the two parcels to alleviate potential issues with the required
50' setback.
Note: A Special Use Permit is a quasi - judicial action 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 Permit; or
2. Grant the Special Use Permit and add conditions to the Special Use; or
3. Deny the Special Use Permit on the grounds that the Findings of Fact violate
one or more of the four criteria.
Staff suggests the following motion:
Motion to Grant the Special Use Permit with the following conditions:
1. The applicant continue to work with the North Carolina Natural Heritage Program to identify
the extent of any significant plant or animal species on the subject properties and to protect
these species when practicable in dedicated natural areas or to provide mitigation areas
when species cannot be protected.
2. The applicant consults with the North Carolina Plant Conservation Program to determine the
best mitigation strategy for the subject parcels.
3. The combination of the two parcels to alleviate potential issues with the required 50'
setback.
S -611 12/12
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Case S -611 (12/12)
Request to expand the New Hanover County Landfill onto two adjacent parcels of land totaling 276.85 acres
located within an 1 -2 Heavy Industrial District
Petition Summary Data
5200 and 5210 HWY 421 North
Owner /Petitioner New Hanover County /Joe Suleyman, New Hanover County Environmental Management
Director
Existing Land Use 1 -2 Vacant
Zoning History Area 7 December 6, 1971
Land Classification Parcel 1: Natural Heritage Resource Protection; Parcel 2: Natural Heritage Resource
Protection, Conservation and Transition
Water Type Well
Sewer Type Septic
Recreation Area Flemington Soccer Complex, Sutton Lake Boat Access Area (temporarily closed for
renovation)
Access & Traffic Volume The Average Daily Traffic (ADT) count for the nearest intersection located at US
HWY 421 N and Sutton Lake Road was estimated at 9,820 in 2011 and functions at a Level of Service (LOS)
A which indicates that little to no delay is currently occurring at the intersection. The traffic impact
worksheet submitted estimates 52 AM peak hour trips and 42 PM peak hour trips which did not require the
applicant to complete a Traffic Impact Analysis. AM trips were calculated between 10 AM and 11 AM. PM
trips were calculated between 12 PM and 1PM, 1 PM and 2 PM, and 2PM and 3 PM.
Fire District New Hanover County Fire Service District
Watershed & Water Quality Classification Cape Fear River (Class C, Swamp Waters SW)
Aquifer Recharge Area Sandhill recharge area
Conservation /Historic /Archaeological Resources The N.C. Natural Heritage Program has identified a
species of significantly rare grass, big three -awn grass (Aristida condensate) on the proposed site;
Preliminary maps also indicate the presence of Natural Ponds, Swamp Forest and Pocosin (with class IV soil)
which are identified as conservation resources in the County's Conservation Overlay District.
Soils Parcel 1: Kureb sand, Rimini sand; Parcel 2: Kureb sand, Rimini sand, Lakeland sand, and Dorovan
soils
Septic Suitability Kureb, Rimini and Lakeland are classified as Class I soils which are suitable with slight
limitations for septic tanks; Dorovan is classified as a Class IV soil which is unsuitable for septic tanks
Schools Wrightsboro Elementary School, Virgo Middle School, New Hanover High School
S -611, 12/12
Page 1
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CI JENT INAVIIIIU HILL
NEW HANOVER COUNTY PRELIMINARY -
RSCS ENGINEERS, PC I
FOR SPECIAL USE PERMIT APPLICATION
4041 PARK OAKS BLVD., ••
PROJECT DEPARTMENT OF
TAMPA, FL 33610 ENVIRONMENTAL MANAGEMENT ,
• r0:•
NC CORP. LICENSE NO. C-1837 5210 U.S. HIGHWAY 421 NORTH NEW HANOVER COUNTY
APP. B) CEH WILMINGTON, NORTH CAROLINA 28429 SECURE LANDFILL
CEId ® i "- f
NEW HANOVER COUNTY
PLANNING &INSPECTIONS
DEPARTMENT SPECIAL USE
PERMIT APPLICATION #
Petitioner Information
Propert Owner(s)
Subject Propert
If different than Petitioner
Name Joe Sule Director
Owner Name
Address 5210 US Hi 421 North
Environmental Mana
Wilmin NC 28401
Compan New Hanover Count Landfill
Owner Name 2
Parcel ID R02300-004 & 018-001-000
Address 3002 US Hi 421 North
Address
Area 276.85 acres ( Combined )
Cit State, Zip Wilmin NC 28401
Cit State, Zip
Existin Zonin and Use 1-2
Industrial District
Phone 910.798. 4403
Phone
Proposed Use Landfill/Support
Facilit
Email i sule y man@nhc g ov.com
Email
Land Classification Natural Herita
Resource Protection Area
PLEASE READ SECTIONS 70 and 71 of the Zonin Ordinance prior to submission. For hi densit residential projects, 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 Plannin Board.
Applications MUST be reviewed b Plannin & Zonin staff for completeness prior to acceptance. When Special Use Permits are re
for uses more or less accessor to a residential use (i.e., in-home child da or for sin mobile homes as re a fee of
$1,50.00 is re All other Special Use Permits re a fee of $400.00. This f to New Hanover Count MUST accompan
this petition.
1. No application will be accepted unless accompanied b a plan oft e proposed use and lot drawn to scale to be used as evidence in
support of the re q uired findin of fact ( outlined on pa 2 of this application). If submittin plans lar than Ilxl7, please provide ten
( 10 ) copies for the Plannin Board meetin You will be asked for an additional thirteen ( 13 ) copies of y our site plan if y our proposal moves
forward to the Count Commissioners. Also, please include one ( 1 ) reduced cop of the site plan. Di submission ma be substituted when
accurate scalin can be assured.
The followin supplemental information is re
Note: Applicants should refer to Article 6 & 7 of the Zonin Ordinance f o r additional re f o r s pecific uses. The Plannin &
Zonin Plannin Board, and/or Board of Count Commissioners reserve the ri to re additional information if needed to assure
that the use in its proposed location will be harmonious with the area and in accordance with the Zonin Ordinance of the Count of
New Hanover.
0MIUM"
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p 11111 1''''
I 1 1 1 , 11111111111 9
I aw ■ DIN q
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 recommendation tot e Count Commissioners. The Commissioners make final action on the permit
application in a q uasi-judicial 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 of Carolina General Statutes.
Plannin Board meetin are held on the first Thursda of each month at 5:30PM in the Commissioner's Assembl Room at the 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 & Zonin 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 Special
T Tvze. Pi-.rm it
Authorit to g rant a Special Use Permit is contained in the Zonin Ordinance, pursuant to section 7 1. The Zonin Ordinance imposes the
followin General Re on the use re b the applicant. Under each re the applicant should explain, with reference
to attached plans, where applicable, how the proposed use satisfies these re (Attach additional pa if necessar
accommodated as the site is developed.
Pa 2 of 4
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Page 3 of 4
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SUP (4114)
SITE i" LAS.`! IMCKLIS T
Ch e c each Ite t to confir that 1v In cluded, App llw on W& pof be deemed co pipte withomt addres ng eack item.
Trent bound aries an total are-a p1tis 1 =tioa of adjoi land parcels an d roadways.
E"x sting zo nhia of the tract and neighboring pare and propoSe U 40t Z0111in ,
proposed use of land, s" and other Improvements, For residenCmi uses this shall imlude number, height and type of units and
slte p1mi outlining area to be occaVied by each structure and /or subdivided lot boundaries. 11or non - residential uses, this shall include
a pproximate square footage and height of carh siu-ucture, an outline of arm it. will amipy and Abe speellie pur pose for which It
wfli be geed.
Developnvnt schedule including proposed piomtg.
Tmfo and Plarki ng Plan to include a statemol of impaot eoncming cool traffic near the traot proposed right- way dedicatio
p an6 for access to and from the trao� location, width and right - of way f'or intemal its and location, arrangemcnt and ass
provf;%ion for parking areas.
All existing and proposed easements, resevatio�� , required sc�aclC% rights-of-way, h�� erir�g and s3 age.
TI) r,- one h u dred ( 140) year floodplain line, if applicable
Location and sizing of trees rewired to be proud under S mtion 61 of'the Zoning Ordinance,
Any additional mnditlons and rcgnircments, which rope greater restdotions on developnmt and use of the tract than the
o rrespondhig Oeneml Use District regulations, which art the minimum r goiremcn for Special Use Permit, or oar li .tatiQns an
land which ny bo regolmd by State law or LocW t rd.inum.
Any otbar iltformation the i11 ficilitRte YCA Of t110 pxo<po oha eo r#icia it r
The Zoning Ordinance in some inNtano also imposes additional spWile requirements on the use requested by tho
applicant. The applicant, should he prepared to demonstrate Mat the proposed use would comply with cach spec fi4c
requirement found in Section 72, additionat restrictions impo d on eartaint ap ai am has appi�hio lie/She shouid
also dentosistrate that the l and N lciu d he used in a wanner eqnsistent with the plana and policies of New Hanover
onntY The Huard of Commissioners may itxtpose a dditional conditions and restrictions that they deem appropriate
pvtor to the issuing of the S pecial Use Permit. I eertify that this app ioation is complete and that alt of the Information
resented in this application is Accu r to to the hest of my knowledge, information, and behof.
. Joe Suleyman
Ignah, of Petitioner ;end /or Property Owner Print Name
Page 4 of 4
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NARRATIVE
SPECIAL USE PERMIT MODIFICATION FOR
THE NEW NOVER COUNTY LANDFILL
10/22/2012
Cell 1, thefirst lined landfill in the State of North Carolina, was constructed in 1981. The unit
bR C!
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01/22/2013
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set the pace in North Carolina for desi q f waste mana facilities, in that it included
multiple la of natural and man-made materials to protect the environment. Some 10 y ears
later EPA established the national criteria for the desi offacilities similar to the New Hanover
Counl Ever cell that has been built since that initial unit has met or exceeded the
fiederal and state re
From the zonin restrictions the onl anticipated I
: m . 2
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P ci � e
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x7reas. Throu these t of efforts, the landfill site will still be an asset to the Count
Upon issuance of the Special Use Permit the Count will proceed with the process to g ain th
re permits from NCDENR a
Pa g e 4
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ATTACHMENT A
PROPERTY SURVEYS
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01/22/2013
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ATTACHMENT B
ZONING MAP
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01/22/2013
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NEW HANOVER COUNTY ZONING MAP
FUTURE PARCELS FOR SOLID WASTE MANAGEMENT
PROGRAM
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ATTACHMENT C
PLANNING DRAWINGS
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01/22/2013
14 -8 -18
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Board of Commissioners Meeting
01/22/2013
14-8-19
ATTACHMENT D
PARCEL DEEDS
Existing Landfill
South Property
Lot 3
Board of Commissioners Meeting
01/22/2013
14 -8 -20
OL'C> L.a a' -Cz �1
600f� PAGE
1 181 0967
12 51 rK �b
STATE OF NORTH CAROLINA,
�ECQ1tCIED IIKR YEK IFiW
+ IEC
E .I[iC'
COUNTY OF NEW HANOVER- �EBri��itQ ��EU
kEV W0 C
THIS DEED OF CONVEYANCE, Made th 1.9 4 - day of ,
1981 by and between A. D. ROYAL arkd wife CATHERINE G ROYAL; CARMEN
H. BUTLER, widower; CUES A. ROYAL, JR. and Wife, FAYE B. ROYAL; and
MILDRED FLEMING POKELL■ Widow, all of Sampson County, North Carolina;
widow, of Passau County, New Jersey: MILDRED R.
ELOISE R. PEIxOZ"X'O■ Y
sIMPSON, Widow, of Guilford County,, North Carolina; and STEPHEN D. ROYAL
and wife, PATRICIA V. ROYAL, of New Hanover County, North Carol ina,
parties of the first part; and NEW L3ANOVER COUNTY a North Carolinas
municipal corporation and body po3i1- with offices at Fourth and
Chestnut Streets, Wilmington, North Carolina, party of the second part.-
W I TN E Sw S ETH
x
.• WHEREAS, the parties of the first part are the owners of the lands
e
hereinafter described as tenants in common in the following proportions:
f
A. D. Royal . Sutler) . 57.2/713
Carmen M. Butler (former'1 Lore R. Su) 57, xf713
Mildred R. Simpson _ . _ . 57.2/713
Elosie R. Pe i Xott❑ _ . _ . 57.2/713
Charles A. Royal, Jr. . ,. _ . - - - . 28.1/713
Stephen D. Royal . . . 2+4.1./713
Mildred Fleming Powell � . . .. 432/713
NOW, THEREFORE, the said partles of the first part, for and in
consideration of the sum of One Hunched Dollars ($100.00) and other
va:.uable ca:::iderations to them J.^. 2--a-rid paid by the party of the
second part, the receipt of which is hereby acknowledged ■ have given,
granted, bargained and conveyed, and by these presents do hereby give,
a grant, bargain and convey and confir unto the said party of the second
part, its successors and assigns forever, that certain tract or parcel
of land situated, ]� g 1 in and being a n Cape Fear 'township, New Hanover
County. North Carolina, and being mor particularly described in
Exhibit "A" attached hereto, which !s also incorporated herein by reference.
THIS CONVEYANCE is wade sxxbaect to applicable zoni
regulations and any elect telephone or similar
utility easements of record ■ any existing easements,
t recorded or unrecorded ovcx said premises, and excepting
matters of survey.
E TO HAVE AND TO HOLD the above gx and described premises, together
with all and singular the rights, pr ivileges, easements, tents and
PREPARED BY: WILLIAM L. BILL, II, Attorney at Law
Wilmington,, North Cara. ina
F onersMeeti `g
013
14 -8 -21
1 87 0 968
appurtenances thereunto belonging or in anywise appertaining, unto the
said party of the second part, its successors and assigns, in fee simple
forever.
AND the said pasties of the first part, for their heirs, executors
and administrators, do covenant to and with the said party of the second
part, its successors and assigns, that they are seised in fee of the
above granted and described premises, subject to the rights of way and
easements hereinabove referred to, and that they have good right to sell
and convey the name in fee simple; that the same are free and clear from
any and all encumbrances, except as may be set forth herein, and that
they will, and their heirs, executors and administrators shall, WARRANT
and DEFEND the title to the same against the lawful claims and demands
of any and all persons whomsoever, except that it is expressly under-
stood by the parties hereto that the parties of the first part, for
themselves, their heirs, executors and administrators, make no warranty
as to the suitability of the property conveyed hereby for a sanitary
landfill.
IN TESTIMONY WHEREOF, the said parties of the first part have
i
hereunto set their hands and seals the day and year first above written.
6
r
L�,
( SE.AL) -
c.. T�Tr nr pt�
t, OPT T_kase rta - _
A. a. PY r `1
t �.. ,� �
(SEAL)
�_ �- � r � -
X,
CE G. ROYAL
u �lat�i
0
a�
( SELL)
CAJU4ZN H. BUTLER
.
� s.. �{�• ?.
SEAL)
CHARLES A. ROYAL, JR.
FAYE A.1 ROYAL
,t
r L i �,€ k �:. > > :. , "_ •. _ _• ti
( SEAL)
_
MILDRED FLEM1NQL F VML
- y TC`
(SEAL)
RISE R. PEXXOTTp
,/
(SEAL) -
MILDRED R. WSOH
f4 4
(SEW -
STEPHEN D. ROYAL
r
( SEAL)
PATR ICIA V . ROYAL
F 7 oners Meeting
2/2013
14 -8 -22
BOOK ?AGE
1187 0969
., 3
STATE OF NORTH CAROLINA,
COUNTY OF SAMPSON.
A! ® a Notary public in and
for said County and State, do ere y certify that A. D. ROYAL and
wife, CATHERINE G. ROYAL,, each personally appeared before me this
day and acknowledged the due execution of the foregoing instrument
for the purposes therein expressed.
WITNESS my hand and notarial seal. this !� day of TuAle ,
1981.
NOT R PugL
- ,`�► 'rya �
H y c o mmission expires: -■ `�,
X 0
`t s-
STATE OF NORTH CAROLINA,
COUNTY OF r►r •
1, (.� , a Notary Public in and
for said' - County an State, do hereby certify that F.L�3I5E R. PEI}CO �O
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this IZU day of tf ,
1981.
r : r u
NOTARY P[IS La
My commission expires:
"CI
''t
(SEAL)
5 s X,'l E OF t:OR I`H CAROLINA,
couNT'f OF &..,,
I, A a Notary Public in and for
the said County and State, do h ereb y certify that mrLDRED R. SIMPSON
personally appeared before me this day and acknowledged the due execution
of the foregoing instrument for the purposes therein expressed.
- ..RXJWXSS my hand and notarial seal. ■ this /C day of &n 1981.
• A6
;�ti r Lc a e
'If^ NOTARY PUBLIC
1 &pis suxn expires:
STATE OF NORTH C- P- ROLINA
COUNTY OF mmpSON.
I, �r d wed a Notary Public its and for
said County ah State, do er y certify that STEPHEN D. ROYAL and wife,
PATRICIA V. ROYAL each personally appeared before me this day and ack.nowl --
edggd the due execution of the foregoing instrument for the uses and
IT
miss10ners Me it
/22/2013
14 -8 -23
Boar. POE
- 4
purposes therein expressed.
WITNESS m hand and notarial seal,
N5TAK
M commission expires:
7
(SEAL)
this da of __11-rove 1981.
ty PU 1C
X
STATE OF NORTH CAROLINA,
COUNTY OF SARPSON.
a Notary Public in and f or
said Count and State, do hereb ceHiE that MILDR-ED FLEMING POWELL
personall appeared before me this da and acknowled the due
execution of the fore instrument for the purposes therein expressed.
WITNESS m hand and notarial seal, this da of 1991.
115M M5
NOTARY PUBLIC
M commission expires;
-C
0 %
(SEAL)
STATE OF NORTH CAROLINA,
COUNTY OF SAMPSON.
1'r ul'. rei
• A A g k _�rt_j a Notar Public: in and for said
Count and State, do hereb certi ffy that CARMEN H. BUTLER personall
appeared before me this da and acknowled the due rexecution of the
fore instrument for the purposes therein expresstad. .` t i►1�! • ryQ' . ®
WITNESS m hand and notarial seal, this da of
4�
470
NOTARY P 4C
M commission expires:
Mve-
,Jt
(SEAL)
SV%TE OE' CjUROLINA
COUNTY OF SAMPSON.
(SEAL)
I issioners Meet]
M
14-8-24
1 e. �elili darw , a Notar Public in
and for said
Count and - State,, d here _6y_certi that CHARLES A. ROYAL,, JR, and wife,
'
FAYE B. ROYAL, each personall appeared before me this da and acknowl-
ed the due execution of the fore instrument for
the purpo
therein expressed.
W4V
WITNESS m hand and notarial seal, this Ada
of � \ @ � ;'� -9g�, r_
-PUBLIC
- �- lk
NOTARY
•�
M comission expires:
r0 = ::: ■. :t� ' ;'
5
Z
(SEAL)
I issioners Meet]
M
14-8-24
EXHIBIT *A"
416.4 ACRES 87 097 �
CAPE rEaix . JWNSu rID
NEW HANO ER COUNTY
PART OF FLEMING & ROYA.L TRACT
BEGINNING at a point in the eastern 11 ne of U. S. Highway 421,
said point being located from a small railroad spike at the intersection .
of the centerline of the pavement of the north bound lane of U. S. 421
and the centerline of the 78 -inch corrugated metal pipe c::1.rert at
Fishing Creek by the following courses: South 25 degrees 03 minutes
30 seconds east 1457.38 feet along and with the Centerline of the pave- -
C
went of said north bound lane; north 64 degrees 56 minutes 30 seconds
east 75.0 feet at right anglas to said centerline to a paint in the
eastern line of U. S. Highway 421; south 25 degrees 03 minutes 30 seconds
.east along and with the eastern line of U. S. Highway 421 338.70 feet;
south 25 degrees 55 minutes east along and with the eastern line of
U. 'S. Highway 421 659.33 feet; south 27 degrees 32 minutes east along
and with the eastern line of U. S. Highway 421 629.46 feet; and south
28 degrees 19 minutes east along and with the eastern line of U. S.
Highway 421 1074.58 feet; running thence from said Beginning point along
and with the said eastern line of U. S. Highway 421 north 28 degrees 19
minutes west 100.0 feet to a point; thence north 61 degrees 41 minutes
east 600. feet to a point; thence north 28 degrees 14 minutes west
974.58 feet to a paint; thence north 27 degrees 32 minutes west 612.79
feet to a point; thence north 25 degrees 55 minutes west 641.88 feet to
a point; thence north 25 degrees 03 minutes 30 seconds west 1031.96 feet
to a paint in the southeast line of the N. U. Department of Transportation
tract; thence with said southeast line north 29 degrees 22 minutes 30
seconds east 134 feet more or less to the high water line of Fishing
Creek; thence with said high water line of Fishing Creek in an eastwardly
and northwardly direction 3500 feet more or less to its intersection
with the high water line of the Northeast Cape Fear River; thence with
the h igh water line of said river in an eastwardly and sou thwa rdly
direction 7700 feet more or less to a point, said point being located
North 61 degrees 41 minutes east 5,184 feet more or less from the Point
of Beginning; thence south 61 degrees 41 minutes west 5184 feet more
or less to the Point of Beginning in the eastern line of U. S. Highway
421, containing 416.4 acres more or less.
aissloners Mee ii
;2/2013
-8 -25
14 -8 -26
5 o cstl 4�r o �
RECORDE9 AND VEFOrIED
'-qE8 E �A P. 'R= Eft
®
141 1 1946 RECISTEit OF OEEQS
NEW flANCYER C Nd
Franklin E . Martin. pit n � �.� ( Box
Prepared by and wail to rankl n t t or �
3
1049, Wilmington, NC 28402. Unless shown by his signed certificate,
o Q �'tlie preparer has not examined the title to the property.
� a
STATE OF N CAROLI
WXVnA"MV nvwn
COUNTY OF NEW RMOVER
TH DEED OF CONVEYANCE made th � day of .Apri
1988, by and between A. DOUGLASS ROYAL, JR. and wil e, SHARON B.
ROYAL; APRIL R. BISSETTE and husband, EDWARD W. BISSETTE; and A.
DOUGLASS ROYAL, JR.,, APRIL R. BISSETTE and. CATHERINE G. ROYAL as
Co Executors under the Will of A. DOUGLASS ROY'A I SR,. (d ;
CABMEN M. BUTLER, Widower; CHARLES A. ROYAL, JR. and , wife, FAYE B.
/ ROYAL; MILDRED FLEMING POWELL, Widow; ELOISE R. PEIXOTTO, Widow,
141 MILDRED R. SIMPSON, W idow; and STEPHEN D. ROYAL and wife, PATRICIA V.
ROYAL; Grantors, and NEW 33ANOVER COUNTY, a political subdivision of
the State of North Carolina with an address of 320 Chestnut Street,
Wilmington, North Carolina 28481, Grantee;
W I T N E S S E T H:
WHEREAS the Grantors are the owners of the lands
hereinafter described as tenants in common in the following
proportions
A. Douglass R oyal, Jr. . . . . • .
. a . * . 31.1/713
April R. Sissette . . . . . . . . .
. . . ■ . 31.1/713
Carmen M. Butler . . . . . . . . . .
. 57.2/713
M
M R. Simpson. r r i • • • • ■
■ ■ r e s 57.2/713
E R. Pelxotto, r e r r a .
. a . 57. 2/713
Charles A. Royal, Jr. _
_ 28.1/7
Stephen U. Royal a s . . . r ■
■ w a . • a 19
Mi ldred Fleming Powell. . a . .
. . . . . .
NOW, THEREFORE, the Grantors, in consideration of ONE
HUNDRED DOLLARS ($100.00) and rather valuable considerations, the
receipt of w1iich is acknowledged, have given, granted, bargained and
conveyed and by these presents do give, grant, bargain, convey and
confirm unto the Grantee the parcels of land situated in Cape Fear
Township, New Hanover County, North Carolina, described on Exhibits
"A" and "B" attached hereto.
This conveyance is made subject to the fol lowing:
1. The lien of New Hanover County ad valorem taxes for
198 and subsequent years;
2. All existing highway, railroad, public utility and
pipe line rights - of- -way and easements, recorded and unrecorded; and
3. All applicable zoning regulations and all other laws,
rules and regulations of all local, state and federal governmental
authorities.
TO RAVE AND TO BOLD the properties together with all the
rights, privileges, easement3, tenements and appurtenances
appertaining to them, to the Grantee in fee s imple, subject to the
above exceptions.
And the Grantors, A. DOUGLASS ROYAL, JR., APRIL R.
B I SSETTE , CARMEN M. BUTLER, CHARLES A. ROYAL r JR _ , MILDRED FLEMING
POWELL, ELOISE R. PEIXOTTO, MILDRED R. SIMPSON and STEPHEN D. ROYAL,
for themselves, their heirs, executers, administrators and assigns,
uovenant with the Grantee that they are seized in fee of the
properties, subject to tale above exceptions, and that they have good
right to sell and convey them in fee s imple.- that the proper ties are
free and clear from all enQumbrances; and that they warrant and
defend the title to the properties against the Lawful claims of all
persons.
14 -8 -27
3
1411 19g7
And the Grantors, SHARON B. ROYAL EDWARD W. BISSETTE, FAYE
B. ROYALS and PATRICIA V. ROYAL, j oin in the execution of this Deed to
convey their marital interests in the properties.
And the Grantors, A. DOUG ASS ROYAL, JR. , APRIL R. BISSETTE
and CATHER G. ROYAL, as Co Executors under the Last Will and
Testame of A. DOUGLASS ROYAL, SR. (D ecease d) , join in the execution
of this Reed in their representative capacities to convey the
properties in as full a manner as they, as Co- Executors, are
empowered to convey them.
OF ...�_ Real estate -�
STA f E -' ----
�` Exe,se T�►x
L = =.
- S 'rAsE o F k1B al Estate cise Tax
00 0-'pUNA 4 •0 P.
Catherine G. Royal., U
Individually and as Co-- Executor
under the 'W.1.11 of A. Douglass
Royal.(, Sr. (Deceased)
itc R -
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bfiar
XSEAl
f
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.
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Z XAMICE" /�A. - C ? , ! L (SEAL)
cdr men M. But er
� �
Charles A. Royal Jr.
{ a ( S EAL
Fay Royal.
(SEAL)
Mildred Fleming Powe4 Q
-a L• f I i-�� (SEAL)
,, , , Eloise R. � Peaxotto
(SEAL)
Mildred R. Siin
R 11
(SEAL)
S eplien D. Ro al
Z
14 -8 -28
IN TESTIMONY WREREOF
the Grantors have signed and sealed
this instrument the day and year stated above.
r
=e
( SEAT )
A. Dough s Ro a ■
STATF of
r . Real Estate --
indivi•dually and as Co- Executor
4z
O t RT
C]LIN�.
xCiSB f --
w
under the Will of ., D oug las s
Royal, Sr. (Decease )
MIS*
; „=
3 5 #. 50
. ..' 2.
•
( SEAL)
A l R. B
r ssette.
Individually and as Co- Executor
under the Will of A. Douglass
Royal., Sr,. (Deceased)
OF ...�_ Real estate -�
STA f E -' ----
�` Exe,se T�►x
L = =.
- S 'rAsE o F k1B al Estate cise Tax
00 0-'pUNA 4 •0 P.
Catherine G. Royal., U
Individually and as Co-- Executor
under the 'W.1.11 of A. Douglass
Royal.(, Sr. (Deceased)
itc R -
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bfiar
XSEAl
f
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.
r * w r
Z XAMICE" /�A. - C ? , ! L (SEAL)
cdr men M. But er
� �
Charles A. Royal Jr.
{ a ( S EAL
Fay Royal.
(SEAL)
Mildred Fleming Powe4 Q
-a L• f I i-�� (SEAL)
,, , , Eloise R. � Peaxotto
(SEAL)
Mildred R. Siin
R 11
(SEAL)
S eplien D. Ro al
Z
14 -8 -28
t
u.
i .,
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J
STAT OF NORTH MOLINA
COUNTY OF WU= SAMP"
eWn ?ns[
1411 1948
(Qe.j-z'r S
L )
Pair a v. Ray x
�j a Notary Public,
do-hereby certify a A. OU LASS ROYAL, JR. and wife, SHARON R.
ROYAL each personally appeared before me this day and, being duly
sworn, acknowledged the due execution of the foregoing instrument.
This �_ day of April, 1988.
1 }� s s ion. expires
rr f i
E�;RES FEE. Wi 4. 1V9Z
_11V EAL)
's
ApUB
01i co
a■
STATE OF NORTH CAROLINA
COUNTY OF SA"SON
A Z - 2 � 1 /Lf If
Lary Public
I + , a Notary Public,
do- hereby certify th ' AP L R, 13ISSETTE and husband, EDWARD W.
RISSETTE each personally appeared before me this day and, being duly
sworn, acknowledged the due execution of the foregoing instrument.
This day of April, 1988,
` ttt lfiti717 �#Ir� r �{��'{
•'' i �� sion expires
Ads ..
FAMES FEB. ;r U 4, 111
r
w 1
•
ti
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STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
I -
Not � ublic
I • r a Notary Public / % l a4- ' L) do hereby certify at. C UERINE . ROYAL each personally appeared
before me this day and, being duly sworn, acknowledged the due
execution of the foregoing instrument.
This day of April, 1988.
�3S
�r $S1o�t] t'] p .res
Lxc jRES FEB, If;�4"f 4. M2
c EAL
r..
3
MMMIC
14 -8 -29
A C
1 1 1949
fi
e s
STA TE UP NORTH CAROLINA
COUNTY OF SAMPSON
.AF
, a Notary Pub
do hereby certify 7hat
N' M. BUTLER persona y appeared be fore me
this day and, bey. duly sworn, acknowledged the due execution of the
foregoing instrument.
This day of April, 1988.
fit asion expires R
l �V � d
EKHRES
• � tr
a
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t
f ++�n r +A ■iNt
r • f 1•r F..� �� 1 ,
�� ; 1�[ItlitlS =�
STATE OF NORTH CAROLINA.
COUNTY OF SA"SON
4:4
/�z ylt'e7 , )
a g; Nota P 1lc
I , , a Notary Public,
do Hereby certify at C E A. QY'AL, JR. and wife, FAYE B. ROYAL
each personally appeared before me this day and, being duly sworn,
acknowledged the due execution of the foregoing instrument.
This day of April, 3.988.
^�a �
y s
`�ission expires:
' ' "'Yp
"jet:,Ift
�r
c tary ubli.c
STATE OF NORTH CAROLINA.
COUNTY OF SA14PSON
Notary otar Publi -c
� � r
do hereby certify that MILDR FLEMM.ING POWELL personally appeared
before me this day and, being duly sworn, acknowledged the due
execution of the foregoing instrument
This day of April, 1988.
■
ly. +�' a R• ` / rte `
V� coumb ® j .9 expires:
R ° "• y
• a °
I
sf ��F , ii■i 1 � a� I ! ~
f
s
- 4 6
Notary P
E
14 -8 -30
This day of April., 1988.
expires
S � j ®u ■ �♦ f� qw k-4.
S •fir � r� ' C
�ir •af1� +E +
STATE OF NORTH CAROLINA
COUNT' of ALAMANCE
(?4� &/ - XIX3,I/
Notary Public
1 / „ a Notary Public ,
do hereby certify fiat STEPHEN D. ROYAL personally appeared before me
this day and, being duly sworn, acknowledged the due execution of the
foregoing instrument.
This day of April, 1988.
Y m � i •, •
•sw
expires
r
7: V ' �w
.r�•►�� ���, °•K ray �: ,`tiS
M 3,
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Notary Public
5
14 -8 -31
14 1 1 1 950
g
STATE UP FLORI
COUNTY of ..• }� � �:�..',.�. `�
I Sharon S. Thomas �
a Notary Publie
do he.L c it f certify that ELO1SE R. PEIXOTTO personally appeared before
me this day and being duly sworn,
_
acknowledged the due execution of
the foregoing instrument.
• This day of April,
1988.
r.
+ a
ti
.i♦ de r i • " ti �r.
r
f
� { � � f r �� ,
ktt {�[ #r] �•
i
Notary Publ
X U;Lvi �7�p e�€
Lwan E JUN 96 IM
f
r �'• ] ti w
f
i / w ~• /carat• � t \
•W STATE: OF NO TH CAROLINA
MYNTY of
5
�
r
� cat Notary Public
do hereby certify t at MILDRJED R. SIMPSQN personally appeared before
me this day and, being duly sworn,
acknowledged the due execution of
the foregoing instrument.
This day of April., 1988.
expires
S � j ®u ■ �♦ f� qw k-4.
S •fir � r� ' C
�ir •af1� +E +
STATE OF NORTH CAROLINA
COUNT' of ALAMANCE
(?4� &/ - XIX3,I/
Notary Public
1 / „ a Notary Public ,
do hereby certify fiat STEPHEN D. ROYAL personally appeared before me
this day and, being duly sworn, acknowledged the due execution of the
foregoing instrument.
This day of April, 1988.
Y m � i •, •
•sw
expires
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7: V ' �w
.r�•►�� ���, °•K ray �: ,`tiS
M 3,
r
Notary Public
5
14 -8 -31
14 -8 -32
PAGE
s
14 1 1 195
a i
a
EXHIBIT *A"
Beginnin4 at a concrete right of way monument in the western Line of
U . S . Highway 421, said monument marks the Seaboard Coast Line
Railroad Tract (Book 7 at Page 10 8 ) , and the Fleming-Royal Point
Peter Plantation tract; and runs thence along the dividing line
between the said two tracts, South 53 degrees 46 minutes 50 seconds
West 667.0 feet to a point; thence South 08 degrees 46 minutes 50
seconds bleat 336.80 feet to ar points thence North 88 degrees 19
minutes 40 seconds West 360.17 feet to a point; thence North 04
degrees 07 minutes 40 seconds Bast 350.0 feet to a paints thence
South 83 degrees 2$ minutes 20 seconds West 300.0 feet to a point at
the bottom of a levy; thence along the bottom slope of said levy
North U4 degrees 23 minutes 20 seconds East 1796.37 feet to a point;
thence South 84 degrees 04 minutes 40 seconds East 980.60 feet to a
point in the western line of U. S. Highway 421; thence along said
right of way South 02 degrees 35 minutes 30 seconds East 97.68 feet
t.> a right of way monument; thence along said right of way South 02
degrees 35 minutes 30 seconds East 224.78 feet to a right of way
monument thence along said western right of way South 02 degrees 18
minutes 40 seconds East 194.8 feet to a monument; thence South 10
degrees 02 minutes 50 seconds East 202.44 feet to a monument; thence
South. 06 degrees 05 minutes 50 seconds East 202.68 feat to a concrete
monument; thence South 06 degrees 24 minutes East 372.80 feet to the
point and place of BEGINNING, and containing 44.1 acres, more or
less, as shown on survey map entitled "Map for New Hanover County (5 0
Year Spoil Area Tract)n located in Cape Fear Township, New Hanover
County North Carolina, dated March, 1988 by Stuart Y. Benson, Land
Surveyor (RLS #L2675) .
INCLUDED in the above tract is a 60 foot wide easement for the
purpose of ingress and egress for the benefit of a tract of land
conveyed to Hanover Industries, Inc. by deed recorded in Book 1166 at
Page 1138, New Hanover County Registry.
RESERVING, however, unto the GRANTORS, .a right of Way 1 5 feet i a
width, to be used by them in common with the GRANTEE for ingress and
egress and for pipeline installation to the Cape Fear River, the
eastern line of said right of way being the eastern line of a 1.25
acre tract situated on the Gape Fear River (Book 1166 at Page 1138,
New Hanover County Registry) and beyond, along the divid�.ng line
between the Seaboard Coastline Railroad and the F leming - - Paint
Peter Plantation Forth 08 degrees 46 minutes 50 seconds East a
distance of 125.0 feet.
AGMT 5 : 13
14 -8 -33
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EXH IBIT O' B"
Beginning at an iron pipe in the southern line of the New Hanover
County Landfill 'bract east of u,s. Highway 421 as recorded in Book
1167 at Page 967, New Hanover County Registry, said beginning point
being located north 61 degrees 41 minutes East 600.00 feet from the
southwest corner of said Landfill Tract as described in said deed;
and rums thence from the Point of beginning along the said southern
line of the Landfill Tract north 63 degrees 41 minutes East 3084,1
feet to a point at the edge of a swamp: thence along the same line
North 61 degrees 41 minutes East 1495 feet, more or less, to a point
at the low water line of the Northeast Cape Fear River (the northeast
corner of this tract) F thence along said 1OW water line of said river
as it meanders to a point (a ties line being South 52 degrees 33
minutes 20 seconds East 2555.6 feet); thence along the Cape
Industries northern line (formerly Hercules Incorporated, as recorded
in Map Book 8 at Page g New Hanover County Registry) South 61
degrees 41 minutes Wiest 2131 feet more or less, to a point at the
edge of a swamp: thence along the scarce line South 61 degrees 41
Minutes Vest 3497.27 feet to an iron pipe; thence North 28 degrees 19
minutes West 2330. feet to the point and place of BEGINNING, and
containing 273 acres, more or less, as shown on map entitled 'Map for
New Hanover County (273 At Fleming & Royal Tract) " located in Cape
Fear Township, New Hanover County, North Carolina, dated March. 1958
by Stuart Y. Benson, Land Surveyor (RLS #L2675).
8
14 -8 -34
FOR REGISTRATION REGISTER OF DEEDS
NEW NC
2646 JAN 25 03: 00 :19 PM
8K:5212 PG: 346-351 FEE: $20, 00
NC REV STRMP:$770.00
I � 1
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 7 7 '�� �� Tax Lot No. R02300- 001 - 018 -000
RETURNED
Mail after recording to:
This instrument was prepared by: D avi d G. Martin, Es q. of Smith Mo ore LLP 300 North Third
Street, S uit e 301 Wilmington, North Carolina 28401
Brief description for the Index: Lot 3 13.854 acres Remainin Lands of 421 Partners
THIS DEED made this ��'� day of T�"v'�''kY , 2008 by and between
GRANTO
421 PARTNERS, LLG, a North Carolina
limited liability company
GRANTEE
New Hanover County, a political
subdivision of the State of North Carolina
230 Government Center Drive
Wilmington, NC 28403
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context
wITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant bargain, sell and convey unto
the Grantee in fee simple all that certain lot or parcel of land situated in New Hanover County, North
Carol an more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by reference.
WILMINGTON 14674.1
Board of Commissioners Meetin
01/22%2013
14 -8 -35
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1449,
Page 784, New Hanover County Registry.
To HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has
the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawfal claims of all
persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Ad valorern taxes for the year 2008 and subsequent gears.
2. Enforceable easements, restrictions, and rights of way of record affecting title to the
property conveyed herein.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed the day and
year first above written.
421 PARTNERS., LLC
A North Carolina limited liability company
By:
William B. Fuller, Manager
NORTH CAROLINA
NEW i IANOVER COUNT
1, the undersigned Notary Public, certify that William B. Fuller personally came before nee
this day and acknowledged that he is the Manager of 421 Partners, LLC, a North. Carolina limited
liability company, and acknowledged the due execution of the foregoing instrument as the act of said
companyt
Witness my hand and official stamp or seal,
AMANDA K HANIVOtV
NOTARY PUBLIC
NEW HANOVER COUNTY, NC
1 27 -2012
WILMINGTON 14674.1
rd
this a:9 day of ;S'aytiupdrxp , 2008.
Notary Public
Type/Print Name: 6!Mah& Wa o
My Commission Expires: -
2
Board of Commissioners Meeting
01/22/2013
14 -8 -36
Exhibit 14A"
BEING all of Lot 3, containing 3.854 acres, more or less, as shown on that certain
property survey entitled `Lot 3, Map Boob 49 at page 288" dated December 5, 2007
and prepared by G eolnnovation, PC, to which survey reference is made for a more
particular description.
SUBJECT TO a 10 -foot utility casement along and within the western property line
of said tract adjacent to US Highway 421 as shown on said survey.
WILMINGTON 14674.1
Board of Commissioners Meeting
01/22/2013
14 -8 -37
ATTACHMENT E
COUNTY FLOOD MAP
Board of Commissioners Meeting
01/22/2013
14 -8 -38
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ATTACHMENT F
PARCEL TAX MAP
ADJACENT PARCEL /OWNERS
Board of Commissioners Meeting
01/22/2013
14 -8 -40
NEW HANOVER COUNTY TAX MAP
FUTURE PARCELS FOR SOLID WASTE MANAGEMENT
PROGRAM
Board of Commissioners Meeting
01/22/2013
14 -8 -41
New Hanover County
North Carolina
Parcel Owners and Address
(Wilmington N.C.)
#
Parcel#
Owner Name
Parcel Address
1
R01500 -441 -003 -000
PHILLIPS LEASING SYSTEMS LLC
5820 HWY 421 N
2
R01500- 001 -002 -002
BASF Corporation
110 Vitamin Dr
3
R01500 -001- 002 -001
BASF Corporation
5800 HWY 421 N
4
R01500- 002 - 001 -000
G LT Properties LLC ETAL
5604 HWY 421 N
5
801500- 002 - 001 -007
Pinnacle Trailors LLC
5510 HWY 421 N
6
R01500- 042 -001 -006
Phelps Truck Sales INC
5400 HWY 421 N
7
R01500- 002 - 003 -000
Phelps Truck Sales INC
5480 HWY 421 N
8
R01500- 002 - 004 -000
Phelps Truck Sales INC
5410 HWY 421 N
9
R01500- 002 -002 -000
Nowak & Warwick LLC
5316 HWY 421 N
10
R01500- 002 -001 -005
Nowak & Warwick LLC
5316 HWY 421 N
11
R01500- 402 -001 -404
Grice James Robert
5308 HWY 421 N
12
R01500 -002 -001 -003
Grice James Robert
5300 HWY 421 N
13
R01500- 002 - 001 -002
AG R Enterprises INC
5228 HWY 421 N
14
R02300 -001- 003 -000
J & D Real Estate LLC
5520 HWY 421 N
15
R02300- 001-018 -000
New Hanover County
5200 HWY 421 N
16
R02300- 001 - 017 -000
Tidewater Transit Co Inc
5124 HWY 421
17
R02300 -001 -- 019 -000
CurrieCreek Enterprises LLC
5096 HWY 421 N
18
R02300- 001 - 020 -000
CurrieCreek Enterprises LLC
5100 HWY 421 N
19
R02300- 001 - 021 -000
CurrieCreek Enterprises LLC
5104 HWY 421 N
20
802300- 001 - 013 -000
M U RRELL WILLIAM W J R CATHY G
5004 HWY 421 N
21
R02300- 401 -011 -400
M U RRELL WILLIAM W CATHY G
4920 HWY 421 N
22
R02300 -001- 012 -000
East Coast Partners
4910 HWY 421 N
23
802300- 001 - 410 -004
YTC Properties LLC
4900 HWY 421 N
24
R02300 -001- 009 -000
M e rrit Glenn D Cynthia M
4844 HWY 421 N
25
R02300- 041 - 015 -000
Ohio Valley Land Co LLC
4840 HWY 421 N
26
R02300- 001 - 005 -001
Tar River Investments LLC
4838 HWY 421 N
27
802400- 001 -001 -001
Union Carbide Ind Gases INC
4660 HWY 421 N
28
R02400 -041- 001 -041
Union Carbide Ind Gases INC
4660 HWY 421 N
29
R02300 -001- 007 -000
Grice James Robert
5235 HWY 421 N
30
R01500 -001- 002 -000
Cameron Bruce B Trustee
5401 HWY 421 N
31
R02300 -001 -002 -000
Jenkins Gas & Oil Co Inc.
5211 HWY 421 N
32
R02300- 002 - 001 -000
Carolina Power & Light Co
249 Sutton Lake Rd
33
R02300- 001 - 006 -000
Wilson Micheal L ETAL
4901 HWY 421 N
Board of Commissioners Meeting
01/22/2013
14 -8 -42
ATTACHMENT G
USGS MAP
Board of Commissioners Meeting
01/22/2013
14 -8 -43
Board of Commissioners Meeting
01/22/2013
14 -8 -44
0 a
Prior to submisswn of nonresidentkd site & this worksheet must be A
Traffic Impact Anal will be re allpro g eneratin g 100peak hour tr or
more. The scope of the TM shall be Mermined.b concurrence of the Plannin Director,
the MPO coordinator and NCDOT traffic en An miti measures re
must be included in the final site plan submidedfor review.
ff�MW rj"IA
1101, 'If
I W A-
J 0 1 11111111111� 1111111 11 1 Cl -1
!I JJ:i I
a
USE AND VARIABLES: L ' andfiH Expansion. No new traffic cted.
(Example: Rac Club 8 courts; Saturda peaks
AM PEAK HOUR TRIPS 52 PM PEAK HOUR TRIPS 42
( Traffiz c g e n eration of 100 p eak ho ur trips w W re q u ire Traffic Impact A n a l
-5-copin meetin with Plannin Department) (VALUES BASED ON SCALE AT
T LANDFILL- SEE ATTACHED GRAPHS)
C, Ed Hilton, Jr, P.E.
Person Providi Estimate
Peak Hour estimate confirmed b Plannin Department on (Date) 0 c to 6PA 3
B
Board of Commissioners Meetin
01/22/2013
14-8-45
Wilmin MPG
Updated:
June 4, 20 10
WILMINGTON URBAN AREA
Metropolitan Plannin Or
Average Dai1v Traffic (ADT)
Pa 1 of 3
2011 Avera Dail Traffic for Location 33 US Hi 421 North
ad acent to New Hanover Count Landfill ( Green bubble on Photo is
9,820. 20. Source of Data - Wilmin Urban Area MPO Data.
Board of Commissioners Meetin
01/22/2013
/www.wmDo.org/trafficmaD.html 14-8-46
*Avera Dail Traffic ( number of cars per da is an avera of three weekda traffic counts, which
are collected on Tuesda Wednesda and Thursda The WMPO uses tube counters, which use air
pressure within a rubber tube to activate a counter box placed by the ed of the roadwa We are
beta testin this mappin application and would love to hear y our feedback.
NEW HANOVER COUNTY LANDFILL
SPECIAL USE PERMIT APPLICATION
TRAFFIC GENERATION FOR AM TRIPS AND PM TRIPS
To develop an estimate of the trips generated at the landfill, the trip ticket records of vehicles
crossing the scales was used to generate the estimate. The period evaluated is 01/03/2011
through 1 0/24/2012. A data base was developed and an hourly count was produced by the data
base. The numbers are shown on the following graphs with the label in the upper left -hand
corner indicating the beginning time of the hour increment shown on the individual graph.
Specific results are:
Peak AM
52 trips occurred on 05/01/2012 between 10 AM and 11 AM
1'�1MiU A I
42 trips occurred on multiple days (06/01/2012, 0410812011, 04102/2012) between 12 PM and
1 PM, 1 PM and 2 PM, and 2 PM and 3 PM, respectively,
Note that other vehicles may have entered the site including staff and non -waste deliveries,
however, these would not make a significant impact on the peak values. US Highway 421 has a
level of service of over 60,000 trips, thus the peak values contributed and total trips are not a
significant number.
Board of Commissioners Meeting
01/22/2013
14 -8 -47
TIME
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14-8-48
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14 -8 -52
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14-8-53
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14-8-58
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 15
DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Planning Manager
CONTACT(S): Jim Iannucci, County Engineer and Shawn Ralston, Planning Manager
SUBJECT:
Consideration of a Resolution Authorizing a Grant Application to N.C. Clean Water Management
Trust Fund to Eliminate Failing Septic Systems in Marquis Hills and Heritage Park Communities and
Request to CFPUA for Financial Assistance for this Project
BRIEF SUMMARY:
The communities of Marquis Hills and Heritage Park are two areas of the County with the most documented
septic tank failures. These failures have impacted the environment, pose a public health risk and have
created a financial burden for the residents in those communities. Many of the septic tanks in the two
communities are currently failing and will require substantial replacement costs with no guarantee of
avoiding future failures as a result of the incompatible soils. Some homes in the area are uninhabitable at
this time. Many of the septic systems are outdated to the extent that the system does not capture washing
machine discharge which is piped directly out onto the surrounding property.
In August 2012, the Board approved a joint request by staff and the Cape Fear Public Utility Authority to
submit an application for loan assistance from the N.C. State Clean Water Revolving Loan Program to
eliminate the septic tanks by expanding sewer into those communities. In late 2012 the County was notified
that it was approved for the loan. The loan was approved to pay for the complete cost of installing sewer in
both communities to the clean -outs. The property owners would then be responsible for associated plumbing
costs and the CFPUA's System Development Charge (SDC).
To date, the County has not formally accepted the loan and not committed itself to this project. Engineering
reports have been generated for both projects at the County's expense in order to adequately estimate the cost
of each and to stay within the prescribed of the loan. Community meetings are also scheduled to be held
in both Marquis Hills and Heritage Park in early February to gage community support for the projects.
At this time, staff is requesting permission, by way of a resolution of support, to submit a grant application to
the N.C. Clean Water Management Trust Fund to help offset the total cost of the project and reduce the
amount necessary to be borrowed with the loan. The County can request up to $1 million in each of the next
three calendar years for this project through the Clean Water Management Trust Fund grant.
Staff is also requesting the Board petition the CFPUA to provide financial assistance for this project to
alleviate the financial burden on the individual property owner.
Submission of the grant application to the N.C. Clean Water Management Trust Fund does not commit the
County to proceed with the project. However, the Board will need to determine if it desires to proceed
during the February 18 meeting when an interlocal agreement between New Hanover County and the
CFPUA will be presented for consideration.
STRATEGIC PLAN ALIGNMENT:
Board of Commissioners Meeting
01/22/2013
15 -0
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution authorizing the County to file an application for grant assistance with the N.C. Clean
Water Management Trust Fund.
ATTACHMENTS:
CWMTF Grant Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/22/2013
15 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AUTHORIZATION TO FILE APPLICATION WITH THE
CLEAN WATER MANAGEMENT TRUST FUND
WHEREAS, New Hanover County is hereby applying to the North Carolina Clean
Water Management Trust Fund ( "the Fund ") for grant funds to eliminate failing septic
systems in the Marquis Hills and Heritage Park communities; and
WHEREAS, if the North Carolina Clean Water Management Trust Fund approves
funding of the project as described in the grant application, the Fund will prepare a Grant
Contract for execution by New Hanover County; and
WHEREAS, the Grant Contract will specify the terms and conditions under which the
Fund will provide the grant funding; and
WHEREAS, the Grant Contract will require New Hanover County to perform certain
functions and obligations in order to carry out the work described in the grant application.
NOW, THEREFORE, it is agreed that the New Hanover County Board of
Commissioners assures the North Carolina Clean Water Management Trust Fund that it
understands the functions and obligations to which New Hanover County is committing
itself in order to carry out the work described in the grant application, and further agrees
that New Hanover County will proceed with diligence to perform those functions and
obligations to accomplish the work described in any grant contract that may result from
the application.
ADOPTED this the 22 day of January, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/22/2013
15 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 16
DEPARTMENT: Aging PRESENTER(S): Janine Powell, Development Manager and Ben
Brow, Senior Resources Manager
CONTACT(S): Janine Powell, Development Manager and Ben Brow, Senior Resources Manager
SUBJECT:
Consideration of Submission of a Grant Application for $250,000 to the North Carolina Department of
Transportation 5310 Grant to Fund Transportation for the Elderly and Disabled
BRIEF SUMMARY:
Requesting approval to apply for $250,000 from the North Carolina Department of Transportation 5310
grant. This grant funds transportation for the elderly and disabled. We have received this grant twice before
and have been able to provide thousands of trips to medical appointments as well as general transportation to
seniors in New Hanover County. There is a required 10% match for the grant which has been identified in
the budget.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• 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:
Approval to apply for the grant.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/22/2013
16 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 17
DEPARTMENT: Parks PRESENTER(S): Tara Duckworth, Parks & Gardens Director and
Janine Powell, Development Manager
CONTACT(S): Janine Powell, Development Manager and Tara Duckworth, Parks & Gardens Director
SUBJECT:
Consideration of Submission of an Application to the North Carolina Parks and Recreation Trust
Fund for Grant Monies to Expand Castle Hayne Park
BRIEF SUMMARY:
We are requesting permission to apply for a grant from the North Carolina Parks and Recreation Trust Fund
(PARTF). The grant monies will be used to expand Castle Hayne Park, re- locating the entrance road and
adding recreational enhancements. We will be applying for $300,000 with a required dollar for dollar match.
The match monies will come from unspent Parks Bonds dollars.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
• Innovate programs to protect the environment
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to submit grant application.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/22/2013
17 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM:
18
DEPARTMENT: Health PRESENTER(S): Joshua Swift, Deputy Health Director
CONTACT(S): Joshua Swift, Deputy Health Director
SUBJECT:
Consideration of a Cape Fear Memorial Foundation Grant Application for Renovation of Facilities for
New Hanover County Health Department in the Amount of $300,000
BRIEF SUMMARY:
The Cape Fear Memorial Foundation is allowing the opportunity for the New Hanover County Health
Department to apply for funds to assist with the renovation of the adjacent building (Coastal Care — formerly
Southeastern Mental Health Services) and relocate clinic services, laboratory services, nutrition services,
pharmacy, customer care and billing services to allow a more effective delivery of services. Renovation of
these facilities for use by the Health Department, together with renovation of the existing Health Department
building, is highly desirable.
The cost for this project (Renovation of Mental Health Building) is $2,485,250.
Funds from the Cape Fear Memorial Foundation will be specifically used to purchase furniture and
equipment.
No new County positions would be created.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the application.
A mm A nu1%a1U1%,TmC.
Grant Application including budget
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/22/2013
18 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM:
19
DEPARTMENT: PRESENTER(S): Carey Disney Ricks, Public and Legislative Affairs
Manager
CONTACT(S): Carey Disney Ricks, Public and Legislative Affairs Manager
SUBJECT:
Presentation of Programming Change for New Hanover County Television (NHCTV)
BRIEF SUMMARY:
As part of a comprehensive revamping of County outreach, Public Affairs has implemented an NHCTV
block programming schedule for Saturday mornings. This block programming focuses on family learning
and County resources. Titled `New Hanover County; Inside Out', the program featured from lam to llam
focuses on child and family development as well as County resources and programs.
The soft roll out for `Inside Out' occurred on December 29th and new programming has aired each Saturday.
Content available in the public domain is being used at this time as we build County- specific content.
Examples of County content include cooking segments with the Cooperative Extension, Health Matters
information with the New Hanover County Health Department, and exciting new programs being developed
with the New Hanover County Library and Parks and Gardens.
This initiative works in concert with other efforts of Public Affairs to increase coordination among
departments and provide consistent messaging for New Hanover County. County news is being reformulated,
the web and external branding are under redevelopment, and six -month calendars of programs and events are
being developed by Public Affairs with the input of numerous County departments. Goals of the strategic
plan addressed through this effort include many facets of `Superior Public Health, Safety and Education',
`Intelligent Growth and Economic Development' and `Effective County Management'.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Presentation to be provided. No action requested.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
The item was removed and will be heard at a later meeting.
Board of Commissioners Meeting
01/22/2013
19 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM:
20
DEPARTMENT: PRESENTER(S): Carey Disney Ricks, Public and Legislative Affairs
Manager
CONTACT(S): Carey Disney Ricks, Public and Legislative Affairs Manager
SUBJECT:
Consideration of Items for 2013 — 2014 Legislative Agenda
BRIEF SUMMARY:
During a recent meeting with our North Carolina General Assembly delegation, it was requested that we and
other regional stakeholders provide our legislative agenda by the end of the month to coincide with and
provide insight for the start of the new session.
In fall of last year, after conferring with regional stakeholders, County department heads and Commissioners,
staff provided and you approved the attached legislative agenda for submission to the North Carolina
Association of County Commissioners ( NCACC). The process in 2012 included an extensive list of goals for
our consideration that was narrowed to eight items.
Items from this process and submitted agenda should be included with those provided to our delegation for
further consideration this session. Additional items can also be included to augment ongoing dialogue and
coordination with our Senators and House Representatives.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Influence legislation and external mandates to enhance local autonomy
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Review of 2012 Legislative items and recommendation of items for submission to the North Carolina
General Assembly New Hanover County delegation.
A'T'T A 0U1%4UXT'TC.
2012 NCACC Legislative Goals
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Review and recommend items for submission.
COMMISSIONERS' ACTIONS:
Heard presentation and noted consensus.
Board of Commissioners Meeting
01/22/2013
20 -0
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ANA
NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
230 GOVERNMENT CENTER DR STE 195
WILMINGTON, NORTH CAROLINA 28403 -1732
TELEPHONE (910) 798 -7184
Intergovernmental Relations
CHRIS COUDRIET
County Manager
AVRIL M. PINDER, CPA
Assistant County Manager
TIM BURGESS
Assistant County Manager
Amend Annexation of Non - Contiguous Areas (G. S. 160A, Article 4, Part 4) specifically 160A -58.1 (a),
first sentence, as follows: Upon receipt of a valid petition signed by all of the owners of real property in
the area described therein and receipt of a resolution of the Board of County Commissioners approving
such petition.
Explore and authorize use of alternate, sustainable revenue options / funding sources like licenses, taxes
and/or fees for beach, inlet and waterway maintenance. (2009 CRC and CRAC resolution; Senate
DRS85164 -SB -12 Beach Management Study Commission Section 2 and HB 1181 Study Municipal
Local option Sales Tax
Consider and provide guidance regarding the filing of bogus liens in the North Carolina County
Registrar of Deeds offices.
Monitor SB 183 Selective Vegetation Removal / State Highways to ensure visibility of outdoor
advertising structures and accessibility via rights of way.
Health and Human Services
Ensure adequate mental health funding:
- oppose legislation to close state - funded beds until there is adequate capacity statewide.
- Seek legislation to ensure adequate capacity of state - funded acute psychiatric beds with funding
provided to the participating county.
- Seek legislation to maintain the existing levels of state funding for community mental health
services and restore the state budget to include $20 million in Community Service Funding for
adequate Crisis Continuum in each County of the State.
Authorize local Departments of Social Service more enforcement authority over adult care homes in
times of observed and immediate crisis or as follow up to situations deserving of more expeditious
attention.
FnVirnnmQnt
Support HB 819 An Act to Study and Modify Certain Coastal Management Policies and the State's
continued study of the environmental and economic impacts of sea level rise and sea level rise legislation,
policies and/or programs.
Tax and Finance
Explore and amend/ repeal HB462 Contingency Contracts for Audits / Assessments which prohibits the
use of contingency agents for collecting revenue.
Board of Commissioners Meeting
01/22/2013
20 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 21
DEPARTMENT: PRESENTER(S): Beth Schrader, Strategy and Policy Manager and
Avril Pinder, Assistant County Manager
CONTACT(S): Beth Schrader, Strategy and Policy Manager and Avril Pinder, Assistant County Manager
SUBJECT:
Health and Human Services Agency Organization and Governance
BRIEF SUMMARY:
With the passage of Session Law 2012 -126 (also known as HB 438), the General Assembly enacted
legislation that provides counties with an expanded list of options for how they deliver and govern some
human services programs. At the 12/13/12 Agenda review meeting, the Board of County Commissioners
directed staff to begin an evaluation of service delivery and business models that are forward looking, and
answer the question, "What is the right human services model ?" Today's presentation will provide an
overview of the spectrum of available options and will recommend an approach for the evaluation.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear staff presentation and approve the recommended action plan.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear staff presentation and approve the recommended action plan.
COMMISSIONERS' ACTIONS:
Heard presentation and approved the recommended action plan 4 -1, Commissioner Berger dissenting.
Board of Commissioners Meeting
01/22/2013
21 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM: 22
DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management
Director
CONTACT(S): Joe Suleyman, Environmental Management Director
SUBJECT:
Consideration of Revisions to the County Code of Ordinances, Chapter 44, Solid Waste
BRIEF SUMMARY:
As part of an ongoing effort to update and clarify our County ordinances, staff requests a revision to the
County Ordinances, Chapter 44, Solid Waste to address three specific areas:
1) Over the past few years, there have been a number of significant changes to the North Carolina
General Statutes that pertain to Landfills (G.S. § 130A). More specifically, the General Assembly
has incorporated new definitions and expanded the list of items that are expressly banned from
landfill disposal.
The proposed red-I'l.: e . modifications will update the existing County Ordinances and bring them
into alignment with the General Statutes.
2) From time to time, the County receives requests to waive tipping fees for certain organizations. The
process has been largely informal, without clearly defined consistent criteria governing eligibility.
Some of the organizations that have historically received tipping fee waivers include: the Azalea
Festival, the County Fair, the Airlie Foundation, various NHC Departments (Sheriff's Office,
Property Management, and Planning CDBG Projects), Habitat for Humanity, Goodwill, Salvation
Army, Cape Fear Gospel Mission, and Clean Community.
The proposed modifications in Sec. 44 -41 will formalize the tip fee waiver process and
specify the criteria. Given that the Environmental Management Fund is an Enterprise fund, staff has
recommended that three (3) types of organizations / activities be eligible:
a) New Hanover County Departments and New Hanover County Public Schools. The
Environmental Management Fund is cross - charged annually for indirect costs. The
cross charge will be reduced by the actual $ value of waived tip fees.
b) NC DOT Adopt -a- Highway (e.g. orange bag) clean -up activities that pick up litter
along roads and highways within the County and other similar community clean -up
activities for parks, green spaces, beaches, waterways, or similar public open spaces in
New Hanover County. These programs perform a valuable service that eliminates
unsightly refuse from NHC public spaces and helps protect our environment and water
quality.
c) Non - profit organizations that collect clothing, furniture or other items of personal
property on a year -round basis, and then sell or distribute the property (e.g. Goodwill,
Salvation Army, Cape Fear Gospel Mission, Habitat for Humanity). These
organizations reuse items that would otherwise go to the landfill, saving valuable
landfill airspace.
If adopted as proposed, for - profit entities (e.g. County Fair, various festivals) and other non - profits
Board of Commissioners Meeting
01/22/2013
22 -0
would not be exempted (including some organizations that have previously been granted waivers
such as the Azalea Festival). The changes do not prohibit / prevent a non - qualifying organization
from approaching the Board of County Commissioners to request an exemption.
Annual Tip Fee Exemptions
NHC Departments $16,084 Salvation Army $12,343
NHCS $ 2,400 Cape Fear Gospel $ 7,113
Mission
Clean Community $ 7,331 Habitat for Humanity $ 8,595
Goodwill $27,049
3) Defining a tip fee formula when accepting atypical waste. From time to time, the Landfill receives
requests to take atypical waste that will have increased handling costs (requires special site preparation or
rental of equipment) or atypical waste that has a beneficial use (and thus would warrant a lower tipping fee).
The proposed bluie-Iii.ned section defines the different categories of atypical waste and sets a tipping
fee or tipping fee formula. The fee schedule has been included in Appendix B, however the only
rate changes are the four (4) for atypical waste.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Increase efficiency and quality of key business processes
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the revisions to the County Code of Ordinances, Chapter 44, Solid Waste, to incorporate changes to
the General Statute and other specified items to improve efficiency and quality of landfill operations.
ATTACHMENTS:
Ordinance; Chapter 44, Solid Waste (with revisions shown)
Ordinance; Chapter 44; Solid Waste (revised)
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/22/2013
22 -0
Chapter 44 Solid waste
S ec. . ,
The following words, terms and phrases, when used in this chapter, shall have the
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Building materials means any material such as lumber, brick, plaster, sheetrock,
concrete, asphalt, shingles, wire mesh, gutters or other items accumulated as a result of
repairs or additions to existing buildings, construction of new building or demolition of
existing structures.
Bulky items means inorganic items of such volume that they cannot be placed in a
90- gallon roll -out cart for collection, e.g. appliances, furniture, play equipment, and building
fixtures.
Board of Commissioners Meeting
01/22/2013
22 -1 -1
Commercial hauler means anyone who collects or transports municipal solid waste
for profit.
Construction and demolition waste means solid waste resulting solely from
construction, remodeling, repair or demolition operations on pavement, buildings or other
structures.
County manager means the county manager or his designee.
Designated geographical area means all incorporated and unincorporated areas
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Disposal (defined in 15A NCAC 1313, section .0100) means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any solid waste into or on any land so that
such solid waste or any constituent may not enter the environment or be emitted into the air
or discharged into any water, including groundwaters.
Flow control regulations means the regulations adopted to enable the county to carry
out the provisions of the county solid waste management plan, as such regulations may be
amended from time to time by the board of commissioners, and which are included as
antic - _
Garbage means all solid wastes capable of being rapidly decomposed by
microorganisms, including but not limited to animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food, excluding sewage and human
wastes.
Hazardous waste (defined in 1 OF NCAC) means a solid waste or combination of
solid wastes which, because of its quantity, concentration, or physical, chemical or infectious
characteristics, may:
U
Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness; or
Board of Commissioners Meeting
01/22/2013
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(2)
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed.
It L
Formatted. Indent. Left. 0.5", First line. 0.5
Industrial waste means all waste, including solids, semi - solids, sludge and liquids
resulting directly from industrial, processing or manufacturing operations.
Inert debris (defined in DEHNR Policy Memorandum #16, page 2) means solid waste
which consists solely of material that is virtually inert and that is likely to retain its physical
and chemical structure under expected conditions of disposal.
Inspector means the person or persons designated by the county manager to
perform the duties and responsibilities assigned by this chapter to the inspector.
Land clearing debris (defined in DEHNR Policy Memorandum #16, page 1) means
solid waste which is generated solely from land clearing activities.
a
� c d ' "' i , ' ",� � � . � � � � <_ � �, l �, y � , "pet l ,d r i ret i e
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batteries., and clamcorcler b,atteries,
Medical waste (defined in the Solid Waste Management Act of 1989) means any
solid waste which is generated in the diagnosis, treatment or immunization of human beings
or animals, in pertinent research, or in the production or testing of biologicals, but does not
include any hazardous waste identified or listed pursuant to G.S. 130A -290 et seq.,
radioactive waste, household waste as defined in 40 CFR 261.4(b)(1) in effect on July 1,
1989, or those substances excluded from the definition of solid waste in G.S. 130A -290 et
seq.
Municipal solid waste means any solid waste resulting from the operation of
residential, commercial, industrial, governmental or institutional establishments that would
normally be collected, processed and disposed of through a public or private solid waste
management service. Municipal solid waste does not include hazardous waste, sludge, or
solid waste from mining or agricultural operations.
Municipal solid waste collector means any person who collects or transports
municipal solid waste.
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Out -of- county waste means any waste produced and collected from sources outside
the boundaries of the county.
Public hauler means any nonprofit collector or transporter of municipal solid waste.
Putrescible means solid waste capable of being decomposed by microorganisms
with sufficient rapidity as to cause nuisance from odors and gases, such as kitchen wastes,
offal and carcasses.
Radioactive waste material means any solid, liquid or gas which emits ionizing
radiation spontaneously.
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wl-ie E . a , code cons o a.... y. r u"Ji ll be r .� .... a...a.. V.... , E„ F y E „.a.. a.. E „. , a.. y w, �. a. Ea V a. N.. `"a a.i . E „e
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„ WA : :� � � �:::. �' °fie letters and 'the � � ;; e 5:.a
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anv otie, e letters ERA and he Uimbe
Recyclables means materials designated as capable of being sorted, processed,
transported and sold to markets for the remanufacture of like or different products.
Recycling means any process by which solid waste, or materials which would
otherwise become solid waste, are collected, separated or processed, and reused or
returned to use in the form of raw materials or products.
Refuse (defined in 15A NCAC 1313, section .0100) means all nonputrescible waste.
Regular collection means all collection services offered recurrently, at least once per
week, which include the collection of vegetable and food wastes in a manner safe to public
health.
Roll -out cart means a 90- gallon container, having wheels and a hinged lid, issued by
the county or by a firm under contract with the county, for the disposal of refuse as defined
herein and prepared in accordance with this article.
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Separate collection means all collection of specifically defined materials not
associated with regular collection practices.
Sludge (defined in 15A NCAC 1313, section .0100) means any solid, semisolid, or
liquid waste generated from a municipal, commercial, institutional or industrial wastewater
treatment plant, water supply treatment plant, or air pollution control facility or any other such
waste having similar characteristics and effect.
Solid waste (defined in 15A NCAC 1313, section .0100) means any hazardous or
nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility, domestic sewage and sludges generated by
their treatment in sanitary sewage collection, treatment and disposal systems, and other
material that is either discarded or is being accumulated, stored or treated prior to being
discarded, or has served its original intended use and is generally discarded, including solid,
liquid, semisolid or contained gaseous material resulting from industrial, institutional,
commercial and agricultural operations, and from community activities. Such term does not
include:
H
(2)
(3)
(4)
Fecal waste from fowls and animals other than humans;
Solid or dissolved material in:
a.
C.
Domestic sewage and sludges generated by their treatment in
sanitary sewage collection, treatment and disposal systems which are
designed to discharge effluents to the surface waters;
Irrigation return flows; and
Wastewater discharges and the sludges incidental to and generated
by treatment which are point sources subject to permits granted
under section 402 of the Water Pollution Control Act, as amended
(PL 92 -500), and permits granted under G.S. 143 -215.1 by the
environmental management commission; however, any sludges that
meet the criteria for hazardous waste under RCRA shall also be solid
waste for these purposes;
Oils and other liquid hydrocarbons controlled under G.S. 143 - 215.75 et seq.;
however, any oils or other liquid hydrocarbons that meet the criteria for
hazardous waste under RCRA shall also be a solid waste for these purposes;
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Any radioactive material as defined by the North Carolina Radiation
Protection Act, C.S. 104E-1-104E-23; or
(6)
Mining refuse covered by the North Carolina Mining Act, C.S. 74- 46 -74 -68
and regulated by the state mining commission (as defined under C.S. 14313-
290); however, any specific mining waste that meets the criteria for
hazardous waste under RCRA shall also be a solid waste for these purposes.
Solid waste generation means the act or process of producing solid waste.
Solid waste management plan means the county solid waste management plan, as
adopted by the county and participating municipalities and accepted by the state department
of environment, health and natural resources.
Special waste (defined in 16A NCAC 1 313, section .0103) means any waste that
requires special or exceptional handling from an operational or equipment standpoint and
includes all waste disposal which requires a letter of approval from the state department of
environment, health and natural resources, division of solid waste. For purposes of this
definition, special waste shall include, without limitation, sludges, asbestos, powders and
ashes.
Trash means all refuse resulting from the use and maintenance of property,
regardless of the nature of the activity thereon, except garbage.
Yard waste means municipal solid waste consisting solely of vegetative matter
resulting from landscaping maintenance.
�" "i t i 1 1 ��`"' r " j� s a i I i I 4 r h ""003
e , 1 ' - '�'� ,. 4,. A...e .. A....
,r o iti s ti.s i ,r en �4 e' �\ .......
S ecs. . R eserve. ." ,u,
Section 2 of an ordinance adopted June 2, 2003, repealed §§ 44 -2 and -3 which pertained
to collection of municipal solid waste and disposal of solid waste, respectively, and
derived from §§ 8.6 -62 and 8.6 -63 of the 1978 Code.
Sec. 44-3.5. - Disposal of unauthorized out-of-count waste prohibited.-I"I"'
Solid waste produced and collected from sources outside the boundaries of the
county and delivered to WASTEC or the landfill without prior approval are prohibited. Out -of-
county waste delivered to WASTEC or the landfill and not identified as out -of- county waste
and/or without prior approval will be subject to section 44- 5, Enforcement.
Board of Commissioners Meeting
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Z4 f
Sec.
The administration and enforcement of this chapter shall be the duty of the county
manager or his designee.
) ,.... } t 1978
S ec. . E n f orcemen t .,,"
This chapter may be enforced in any of the following manners as prescribed by law:
H
Violation a misdemeanor. Any person who violates any provision of this
article, including but not limited to knowingly making a false certification of
the monthly data report, shall upon conviction be guilty of a misdemeanor
and shall be fined not exceeding $500.00 or imprisoned not exceeding 30
days. Each day that a violation continues to exist shall be considered to be a
separate offense.
(2)
Injunction and order of abatement. The provisions of this article may be
enforced by injunction and order of abatement. When a violation of this article
occurs, the county, through the county attorney or other official designated by
the board of county commissioners, may apply to the appropriate division of
the general court of justice for a mandatory and prohibitory injunction and
order of abatement commanding the defendant to correct the unlawful
activity.
(3)
Civil penalties. A civil penalty of $100.00 per ton for disposal of solid waste in
violation of this article shall be assessed by the county, which amount can be
recovered by the county in a civil action in the nature of debt if the violator
does not pay the penalty within 30 days after receipt of the notice of violation
specifying the amount of civil penalty. A civil penalty of $100.00 a day for
failure to submit the monthly data report to the county manager or his
designee as required by the flow control regulations shall be assessed by the
county, which amount can be recovered by the county in a civil action in the
nature of debt if the violator does not pay the penalty within 30 days after
receipt of the notice of violation specifying the amount of civil penalty.
(4 )
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Other remedies. The provisions of this article may also be enforced in any
other manner set forth in G.S. 153A-1 23.
Secs. 44- 6- 44 -40. - Reserved.
For the service of collecting and disposing of refuse, the owner or occupant of all
premises from which refuse is collected by the county or its franchisee shall be charged such
rates as may be established, from time to time, by the county commissioners. No owner or
occupant of these premises shall be exempt from the collection and disposal service
u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. a .u.u.u.u.u.u.u.u.u.u.u.u.u.u.u.
3
Formatted: Underline, Font color: Custom
Color( RGB( � 1 �� , � ..n ..n ..n ..n ..n ..n ..n ..n ..n ..n ..n ..n .... ..
Sec. 44-42. - Eli for service.-;""
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(a)
107,
(c)
All single- family residences and duplexes shall receive service. If use of the
collection containers provided with this service causes a hardship related to a
customer's age, an infirmity, or other similar type of hardship, the director of
environmental management may exempt those customers from moving those
containers to the curb. Such exemptions will be recorded in writing and kept in the
office of the director of environmental management.
Home owners associations (HOA) able to provide proof of being an official
association in the form of a contract may petition for exemption from this service. The
HOA must contract for service of at least the same level with a private contractor.
Stores, hotels, apartments, triplexes, quadruplexes, condominiums, theaters, office
buildings, schools, clubs, commercial establishments, industrial establishments or
any other places that generate garbage may petition for service if the amount of
garbage produced does not exceed 180 gallons per week per unit and quantities of
recyclables, yard waste and bulky items are not excessive, as determined by the
county. Where the refuse at any of the indicated establishments exceeds 180
gallons, exclusive of special collections, the owner shall be required to contract with
a municipal waste collector under the county's franchise system for commercial
customers for bulk container refuse service. Unless refuse is placed in the
appropriate container as outlined in this chapter, it will not be collected by the county
or its franchisee.
Sec. - . - Normal residential
The following services will be provided to all premises identified to receive service:
H
Refuse collection: A 90- gallon cart shall be provided to each customer. This
cart shall be serviced at least once per week on a regular schedule.
(2)
Recyclable collection: A recycling bin, at least 18 gallons in size, shall be
provided to each customer. Recyclable materials shall be identified and
advertised by the county. This container shall be serviced once per week on
a regular schedule.
(3)
Yard waste collection: Tree trunks, limbs, branches, tree trimmings, hedge
cuttings and similar vegetative materials arranged for easy handling will be
collected on a regular schedule. Grass clippings, leaves and other small
Board of Commissioners Meeting
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vegetative debris must be placed in bags. In no case shall any individual
limb, trunk or similar article larger than six inches in diameter or longer than
four feet be collected or placed for collection.
(4 )
Bulky item collection: Items such as discarded furniture and appliances, not
practical to containerize, shall be collected upon customer's request within
one week of said request. Acceptable items include sofas, chairs, beds,
refrigerators, washers, dryers, hot water heaters, mattresses and similar
items. These materials shall be placed at the curb no earlier than noon the
day before collection is scheduled.
Sec. 44-44. - Improper preparation.,_",
All refuse not prepared in accordance with the provisions of this chapter, which is
located within the public right -of -way, causing a potential public health or public safety
hazard, may be picked up by the county or its franchisee within 72 hours' notice and an
additional charge prescribed in the fee schedule will be made. Notice will be given either
personally to the occupant, or by placing a written notice on the door of the building or
residence.
Sec. 44-45. - Containers and stora and collection practices.,,"`
(a)
Each residential regular customer will be provided a roll -out cart by the
fiMr * ***, Customers using the roll -out cart may not fill the cart in such a
manner that the cart lid will not close tightly over the cart body or so full (over 200
pounds) that the mechanical lifters mounted on refuse packers cannot lift the cart.
Material outside of the cart will not be collected.
3
Pending collection by the county or its franchisee, refuse shall be stored in
conformity to the following regulations:
(1)
Garbage shall be wrapped, bagged, or enclosed in paper or plastic material.
All excess liquid shall be drained before such garbage is placed in the
container. Any liquid waste, such as grease, shall be sealed in its own
separate container before being placed in the refuse receptacle.
(2)
All dangerous trash items and all waste materials of a hazardous nature,
such as broken glass, light bulbs and sharp pieces of metal shall be securely
wrapped to prevent injury to the collection crews.
Board of Commissioners Meeting
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(3)
Trash of a hollow or bulky nature shall be flattened out or broken up prior to
depositing it in authorized containers.
(c)
Containers other than those described in this section will be treated as refuse and
may be collected by the county or its franchisee.
[oi
The county or its franchisee will spend a maximum of 15 minutes per collection stop.
Sec. 44-46. - Solid wastes the count or its franchisee will not collect.,."",
This service does not allow for the collection of the following types of solid wastes,
and no person may place any of the following in any container or receptacle intended for
collection by the county or its franchisee:
r0i
Hazardous refuse and industrial refuse. All such hazardous refuse and
industrial waste shall be stored in suitable leak proof containers sufficient to
ensure that no such refuse or waste leaks or spills onto any public or private
property. It shall be the responsibility of the person in possession of the
premises where hazardous refuse or industrial waste is generated to see that
it is disposed of properly.
(2)
Contagious disease refuse. The removal of clothing, bedding or other refuse
from homes or other places where highly infectious diseases have occurred
shall be performed under the supervision and direction of the county health
department.
(3)
Building materials. Such materials shall be removed by the owner of the
property or by the contractor. No new certificate of compliance shall be
issued until such material has been removed by the owner or contractor.
Small amounts generated by the owner of the property may be picked up by
the county or its franchisee.
(4 )
Human tissues or waste from operation, autopsy or obstetrical procedures or
any other material of similar nature.
(5)
Materials of any kind or nature, including ashes, that contain any hot or live
coals or fire.
D I
►�E
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Hypodermic instruments. Hypodermic syringes, needles or any instrument or
device for making hypodermic injections must be placed in a plastic or glass
bottle or similar protective container, which must then be sealed and placed
in a garbage container. Alternately, such instruments may be disposed of
under the supervision and direction of the county health department.
(7)
Dead animals. The proper handling and disposal of dead animals is the
responsibility of the owner of the property.
Sec. 44-47. - Removal from unimproved premises.,,_,,.,
Refuse shall not be removed from unimproved property, except when such refuse
meets the conditions set forth in this chapter, and then not in excessive quantities.
Sec. 44-48. - Collection schedules routes placement of containers.,."""
(a)
3
(c)
[oi
The director of environmental management, with approval of the county manager,
may arrange the schedule for the public collections of refuse throughout the county.
Alleys will be used as routes for the collection of refuse wherever the physical
features of the alley are such that its use is practical for the purpose. Any right -of-
way dedicated for public use and lying to the rear or side of any building lot shall be
not less than 20 feet in width if such right -of -way is to serve in any capacity for the
removal of refuse. Where collection of refuse is made from the side or rear of
property, containers shall be placed near the service street. Collections will be made
only to the rear of interior property when such service street is provided and is
usable. Where no access road or alley exists behind or beside property, containers
shall be placed directly behind the curbing or three feet from the edge of those paved
streets having no curbing. All containers for refuse shall be placed only adjacent to
the premises served.
Roll -out carts, recycling containers, yard waste, bulky items and other containers for
refuse shall be set out for collection only upon those days designated for the
premises involved in the schedule provided for in this section.
Roll -out carts and other containers for refuse shall be removed from the street or
alley promptly after collection is made.
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Sec. 44-49. - Emer collections/authorit of commissioners.,,,,,,-,,,
(a)
When, in the judgment of the county manager, a temporary emergency condition
exists which restricts the county or its franchisee from being able to both collect and
properly dispose of all refuse normally placed for county collection, the manager shall
so inform the county commissioners. The commissioners may thereafter, by
resolution, declare a temporary emergency condition to exist and require all
customers of county collection services, hereinafter called "collection customers," to
comply with the following emergency requirements:
(1)
(2)
(3)
(4 )
Place garbage in separate refuse containers from trash.
Store trash on the customers' premises in a safe and sanitary manner until
the same may be collected by the county or its franchisee.
Place only containers holding garbage for regular collection.
Said requirements will take effect not less than one week following proper
notice to all county collection customers. Said notice shall include emergency
collection requirements, changes in collection schedules, date requirements
take effect and conditions making emergency requirements necessary.
When, in the judgment of the county manager, all emergency conditions
cease to exist or subside sufficiently for the county to revert to its regular
policies, then the manager shall recommend to the commissioners that the
emergency requirements be terminated. The chairman of the board of
commissioners or the entire board may thereafter declare that said
emergency condition requirements be terminated and the county's regular
collection policies be resumed. Said declaration shall be filed in writing in the
office of the clerk of the board of county commissioners.
During emergency conditions, the volume of refuse prepared for regular collection
shall be restricted to a maximum of one roll -out cart per week, or three containers if the
customer is exempt from or does not receive cart service, each container being limited to a
30- gallon capacity.
Sec. 44-51. - Scaven private collection.,,.",
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It shall be unlawful for any unauthorized person to scavenge, sort, pick through or
remove refuse, trash, yard wastes, or recyclables stored or set out for collection, or for any
person other than the county or its franchisee to collect recyclables in the county where
those materials have been prepared and set out for collection by the county or its franchisee
in accordance with this chapter.
Sec. 44 - Accumulation wastes i
(a)
No person may cause, suffer, or permit refuse to accumulate or remain on premises
under his control except in accordance with the provisions of this chapter. The
remaining subsections of this section are not intended to limit the generality of the
foregoing.
3
It shall be the responsibility of the general contractor to see that all construction and
demolition contractors keep the site in as reasonably clean and litter -free condition
as possible for a construction or demolition site. All loose debris, paper, building
material waste, scrap building materials and other trash produced by those working
on the site shall be containerized or disposed of in any other reasonable manner by
the contractor in a timely manner.
(c)
All commercial establishments shall, particularly with respect to their loading and
unloading areas, store their refuse in containers so as to eliminate wind driven debris
and litter in and about their establishments. Approved methods of containerization
include refuse receptacles and bulk containers. Spillage and overflow shall be
immediately cleaned up by said establishment when and as it occurs.
[oi
Parking lots shall be maintained by the person in possession in a clean, litter -free
manner, with all trash generated therein containerized and prevented from spreading
to adjoining property. It shall be the responsibility of the person in possession of the
parking lot to collect the refuse and trash deposited on the lot and place this material
in containers serviced by the county, its franchisee or a private contractor.
Sec. 44-53. - Dumpin or litterin on public or private propert
No person may place, discard, throw, drop, dump, or deposit, or cause to be placed,
discarded, thrown, dropped, dumped, or deposited any litter, trash or refuse on:
r0i
Board of Commissioners Meeting
01/22/2013
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Any public street or sidewalk within the county or on any property owned or
operated by the county or any other public property, except in properly
designated receptacles; or
(2)
Any property not owned by him without the consent of the owner, occupant,
or lessee thereof; or
(3)
In any stream or body of water.
Sec. 44-54. - Distribution of handbills.,',,,"
No person, firm, corporation or organization shall deposit in, paste on, or attach to
any motor vehicle any handbills, advertisements, cards, circulars, leaflets, folders, banners,
letters or pamphlets or cause said materials to be deposited in, pasted on or attached to any
motor vehicle without the consent of the owner of the vehicle.
Sec. 44-55. - Franchise re for solid waste collection.,,."
(a)
A franchise from the board shall be required of any person or entity who collects,
transports, and /or disposes of solid waste for compensation within the county.
Operation without a franchise is prohibited and violations are subject to the
enforcement provisions of this chapter. The franchise shall be readily available at the
franchisee's place of business. Franchises for residential customers should be
exclusive as to the geographic area included in the franchise, if so designated by the
county, and franchises for services to commercial customers shall be non - exclusive.
107,
Residential franchises shall be negotiated by the county, and the franchise may
include the entire unincorporated county or sections of the county, at the discretion of
the county. Commercial franchises, although mandatory, shall not be unreasonably
withheld by the county, and any hauler who meets the requirements set by the
county manager for a license shall qualify for a franchise. A franchise shall be
contingent upon the waste collector' remaining licensed, however.
(c)
All applicants for franchises to collect, transport and dispose of solid waste shall file
written application with the county manager or his designee, and shall furnish the
following information:
(1)
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Name and address of applicant and whether a sole proprietorship,
corporation, or partnership, with disclosure of the ownership interests.
(2)
(3)
(4)
(5)
A list of the equipment possessed, available, or to be obtained within 18
months by the applicant.
Number of employees the applicant expects to use in said business.
Experience of the applicant in solid waste collection.
Balance sheet or equivalent financial statement prepared by a certified public
accountant or other person satisfactory to the board as of the close of the
applicant's last business year, showing the net worth of the business. All
financial data submitted in compliance with the requirements of this
paragraph shall be confidential under G.S. 132 -1.2, and shall not be
regarded as public information. In lieu of the financial statement, the county
will accept a notarized statement from a certified public accountant verifying
the financial viability of the applicant business.
(6)
Any information the board may hereinafter request.
The county shall process, accept or deny, each application within 60 days of receipt.
(d)
All waste haulers operating in the county as of January 1, 2002, shall be granted a
franchise.
(e)
Franchises shall be subject to a yearly review with the information designated in the
above subsection (c) being presented to the county manager, during the last month
of each year of service, or at such alternative annual date as designated by the
manager's office.
(f )
The county manager or his designee shall bring applications for franchises and a
review of existing franchises to the board at such times as he deems appropriate,
consistent with the period for approval above, and may grant to the applicants
adjudged by the board to be qualified, a franchise to collect waste in the county. The
terms of such franchises shall not exceed seven years, and shall be renewable.
Z
The board reserves the right to revoke any franchise granted, upon satisfactory proof
of the inability or failure of the franchisee to properly perform the duties covered by
the permit and contract in a satisfactory manner or for any of the grounds as set out
Board of Commissioners Meeting
01/22/2013
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in subsection (m) below, after the franchisee has been given an opportunity for a
hearing upon ten days written notice by mail before the hearing setting forth the
grounds for revocation.
(h)
The franchisee shall serve every person or business who contracts with him or her
for solid waste in such a manner that the franchisee does not cause the person to be
in violation with this chapter. The franchisee shall not discriminate against any
person for contract purposes in violation of the Civil Rights Act as amended on the
basis of race, color, creed, religion, national origin, physical impairment or sex.
Before the county manager issues a franchise pursuant to this chapter, the county
manager or his or her duly authorized representative shall determine that all facilities,
equipment, and proposed operating methods the applicant plans to use in the solid
waste collection business are in compliance with this chapter and applicable
regulations of the state commission for health services.
0)
The applicant, upon being awarded the right to collect and dispose of solid waste by
the board as hereinabove provided for, shall secure and present to the county
manager a good and sufficient surety bond or liability insurance policy covering and
insuring payment of such damages as may be done by the franchisee to the
premises or property upon which he or she may enter for the purpose of collecting or
disposing of solid waste.
(1)
Business automotive liability with minimum limits of $500,000.00 each
accident.
(2)
Commercial general liability policy with minimum limits of $500,000.00 each
occurrence for bodily injury and property damage. This policy shall include
New Hanover County, its officers, official agents and employees as additional
insured by Insurance Services Office endorsement CG 20 29 (or its
equivalent).
(k)
Should any franchisee, now existing or hereafter granted under the provisions of this
chapter, be sold, assigned, pledged, or transferred, or if control thereof should be
changed by stock transfer or otherwise, or any rights thereunder leased or should
there be any merger or combination affecting the franchise be made through
acquisition or control by stock purchase or otherwise, then a new application will
need to be made and written approval which shall be given if justified by the facts
then existing. If any such transaction takes place prior to approval of the new
application, the new entity shall operate under a temporary franchise under the terms
Board of Commissioners Meeting
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of the previous franchise, subject to approval or termination at the time of the
consideration of the new application.
Any and every franchise now existing or hereafter issued, shall be subject to the
provisions of this chapter and as it may hereafter be amended from time to time,
except that any amendment or amendments that may be made from time to time
affecting the duration of a franchise or franchises existing at the time of the
enactment of the amendment or amendments. Any franchise transferred or assigned
without the express written authority of the board of county manager or his designee
shall be void and of no effect, and any collection thereunder is in violation of this
chapter.
(m)
A franchise granted under this chapter may be revoked after notice and hearing as
provided in subsection (g) and for noncompliance with the provisions of this chapter.
(n)
A franchisee must dispose of all municipal waste collected within New Hanover
County at such facilities designated by the county manager.
z
The franchisee shall be subject to all duties, obligations and conditions in Chapter 4 ,
whether or not set forth in any executed franchise agreement.
z
The franchisee hereby indemnifies and holds harmless New Hanover County from
any liability, whether arising under law or equity, tort or contract, attributable in whole
or part to the negligence, omission or intentional act of franchisee, its employees,
agent or subcontractors.
jl 1 �, r 7 r t �� �� Y ! 'f ' jl i � t f r NO ,t r t ! ! § ,A � t t r t ,� r b II . ....
\.� r ll� . L a... r..., n....!�w0 V r....�Y ,� j� �4, U �.... ar r j � - j � }� ...... . �.., -., �d Qw 1
Sec. 44-56. - Reportin re
Municipal solid waste collectors must submit data on the quantity of different types of
waste collected by the collector within the designated geographic area as provided in the
regulations on file in the county clerk's office, as amended from time to time by the board of
commissioners. Should any of the data which must be submitted by a municipal solid waste
collector constitute a trade secret as defined in C.S. 66 -1 62(3), or any other applicable state
statute, the county shall protect such information as required by C.S. 132-1.2, provided that
at the time of initial disclosure to the municipal solid waste collector designates such
information as confidential or as a trade secret.
S ec. 44 - Ad m i n i s t ra ti on. , , . , "
. .,
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The administration and enforcement of this chapter shall be the duty of the county
manager or his designee.
This chapter may be enforced in any of the following manners as prescribed by law:
H
Violation a misdemeanor. Any person who violates any provision of this
chapter, including but not limited to knowingly making a false certification of
the monthly data report shall upon conviction be guilty of a misdemeanor and
shall be fined not exceeding $500.00 or imprisoned not exceeding 30 days.
Each day that a violation continues to exist shall be considered to be a
separate offense.
(2)
Injunction and order of abatement. The provisions of this chapter may be
enforced by injunction and order of abatement. When a violation of this
chapter occurs, the county, through the county attorney or other official
designated by the board of county commissioners, may apply to the
appropriate division of the general court of justice for a mandatory and
prohibitory injunction and order of abatement commanding the defendant to
correct the unlawful activity.
(3)
Civil penalties. A civil penalty of $100.00 per ton for disposal of solid waste in
violation of this chapter shall be assessed by the county, which amount can
be recovered by the county in a civil action in the nature of debt if the violator
does not pay the penalty within 30 days after receipt of the notice of violation
specifying the amount of the civil penalty. A civil penalty of $100.00 a day for
failure to submit the monthly data report to the county manager or his
designee as required by the regulations shall be assessed by the county,
which amount can be recovered by the county in a civil action in the nature of
debt if the violator does not pay the penalty within 30 days after the receipt of
the notice of violation specifying the amount of the civil penalty.
(4 )
Disconnection of water and sewer service. In the event the failure or refusal
by a resident or owner to participate in the mandatory residential collection
system through nonpayment for service and if the resident or owner is a
county water and/or sewer district customer, the water and/or sewer service
of the residence may be disconnected until such time the residence is in
compliance.
Board of Commissioners Meeting
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(6)
Other remedies. The provisions of this chapter may also be enforced in any
other manner set forth in C.S. 153A-1 23. The provisions of article IV of this
chapter shall serve as an alternative to the provisions in this section.
Secs. 44-59-44-80. - Reserved.
S ec. 44 - Titl
This article shall be known and may be cited as the "Yard Waste and Oche Select i�laro ro d "" 3 Formatted: Normal, Justified, Indent First
M,M,M,M,M M,M,M,M,M
r:� ++ 3 line: 0.5"
* , * , h.- ,_. ;. --- _, M O rdinance of New Hanover County, North Carolina.
I C' x`e 1978 8, ; •„p } ,
S ec. 44 - Purpos
The purpose of this article is to:
U
Ensure the county's compliance with state waste reduction goals and solid
waste management requirements as articulated in the Solid Waste
Management Act of 1989, which bans yard trash from landfill disposal
beginning January 1, 1993, and subsequent amendments to that act;
(2)
Formatted: Font: 10 pt, Border:: (No border)
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(3)
Conserve landfill
% ,M.,,MM +t,M ^ ;M,` "; and
(4 )
Provide the county with a useful soil amendment and compost for county -
related projects as well as a potentially marketable product.
S ec. . .`
seq.
The county enacts this article pursuant to C.S. 130A-290 et seq. and 153A-1 36 et
a
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Board of Commissioners Meeting
01/22/2013
22-1-20
I �- 1� I 1 Cy 0
,,A) No cjisc,�Arcjecj coll.) lipplejIt., cjisglrded 0 te'evisions or wl-iite -,00ds in. fined �,-Irgls
or cells of tie coUn � `, -Ind ill or for incinert ,-Ition. c�t tie co-Untv if
.................
LL
b) Q i s c 0� e d C 0 11 1 e r e nd/or disc�- rded te'evisions sl-u,-111 be defivered separatelv to �An.
0 /CIC fac i 1
0 -1
"
"N'O f a c i I i I r, - „.
( Wl,-,iite �.Yoods si-ia" be deb.. r . e
"It. 'Id /o� viscard
n,
A conuil coi UIC
E. ' '�And / or w.1-6te coods nd ni-Liff, i clv W e co-Unty lh. &y dfill or
------------- --------------- --------------- ..................................... --------------- .................
�Aste-to-eir Ii nt a p, i c �- b'
LJL
Sli,-it
�,se c o -ec tors � And c o-,u - v _(,h s p o s e
ideints ma of di sc.�,-Irded con
(e) o d W 2p ute�, r e,cji%
lisc� ,Ie(,.,l
teoevisions or wl-iite oods bv one of tl,-,ie foffc)win�,a meti-iock
F --------------------- --------------- --------------- ------------
-['!,-,ie cc) intv convenierice site loc.�Atecjv c�t ie count'y segure
............... -------------- ----------- --------------- --------------- --------------- ................. ---------------------- --------------- --------------- --------------- ---------------
k2) Bv c�nv oti-ier meti-iod w !,-,i i c !,-,i 1-uts "by fl-le co-'untv Of
...........................................
,,,I gei ate dell -vu -o i rescm -ces.,
envirorunein I 11,at'UnAl
i i e in. t�, tl-ie st, 11( ni of einvi� runeint ard
" c i
I n, c I o t 1, -,i e e S- 0 11 SJI b I e
................................................. ............
f) R( r)ealed occ orreinces of c� solid w,�,-iste colle�,(.,,,tor (Ifisposin"T Of o�Acjs Of 1111unicipal sofid
o
w,�Aste containing a ny .
disc�An-je(,.] coin euiu* fisc�
11, 1 q, in, t., c, arded tele vi sions r w i i te oo d (.
s �As
deterrilined
"I :.,emeint or 1-iis desiganee
(,Irg'-1 of tl,-,ie coUntv sec-Ure 'Ou'-IndfiLl or to t!"'ie co-U ,
nty w�Aste-to-einergv facilitV., if m
i- v res-1.1ot In.
------------------------------------------ --------------- . . . . . . . . . . ............... . .
Ivriver or vel-6cle from c�t c� co-luntv owned facilitv,
-ounds for revoc,�,-Ition.
i" constitute
of c� fr.�Anc!,-,ii see "'s Fraric-hise,
Sec. 44-84.2. Wood n IN I
. ,,�p,, hanfl whole scra,�
e ......................... r e h a n d1j, n
........... .......
. .................................... ........ ........ ....................
No woo(,Jel"I. o W !,-,I o' es wi" lbc,, qccej)te(,.,1 in fine(,] cire.�,-is or ceoos of tl,-,ie coUnty secUre
----------------- 'FF---,
1 IS DOS III
,b) Req)e�,.�,-ted occurreinces of a so'i(,-,,l w,�Aste collk-�(.-,,,tor of 'oa(.,1S of un-se, ed in ohd
bra �Aste containin,,l c�nv woode�sl. paI'lets or wl-iole scr,�,-ip tires OAS deten-nined by tl,-,ie dil-ector of
-nd defivered to tl,-,ie fined of tl,-,ie co-,unty sec-Ure
manac'emeint or 1-iis designee)', a
------------------ --------------- --------------- -------------- ..... -------------- --------------- --------------- F ---------------------- ..................................... ----------------------------------------------- --------------- --------------- --------------- --------------- ---------------
o (Anc.'Ifill or to tl,-,Ie count'y w,�Aste-to-einerav facifitv., if at)t)fic,�,-ible., ni , �Av res-L111, in. pen.�,-Uoties to inc Ride
------------------------- ------------------------------- --------------- --------------- IF -----------
-_�: v e r o r v e I-i i c I e f r o 1,11 o c� (-J i I'l, ��Y, a & t a& co t. , i I t v o w i I e d f (, I c� i t - e, p, e i I - e�,
U 1 el-iic'es of tl,-,ie s�- me fn- ncl-iisee wi constit-,ute (1,Yro- inds for revoc,�Ation. of .1 1"see S
( ) Solid w1aste �.Yener,ators., soll'id W,aste c000 o0ectors
'Is ma o W o 0 ('j e�, a e�, ts b v on.
e
J ,
c, med-lock
----------------------------- ---------- -
aste 0 ooclate a - -e
-['!,-,ie cc) inty constn".1ction. W� sin"T f(,Ici I d �- t tl,-,ie co-,untv sec"fl I'l fi
- ------------------------------ ----------- ........ . .............................................................................................. ..................................................
0
(2) A constn".1ction. and demolition. `N-n ill aipproved bv tl,-,ie co-Unty land tl,-,ie state�, cjk, in, t
of einvi-onment land n,at-Lir,alo reso-lurces., land
--------------------- 2-- ----------------------------- --------------- --------------- --------------- --------------- --------------- --------------- ----------- -------------------- 12-1!�,-r n �ai
(3) Bv lariv or meti-iod w !,-,i been. co-'untv
------------
-it i ei
e v i ro n. i i i e nc ie state d reso-Urces.,
nent., t
(And oti-ier re, -H-iis mlay in Rid tl,-,ie co"rity-owned w1aste-to-e'nergy
------------------------------- ---------------
c
"Iersorls 1,11"
(c.,J) Solid m e iner,ators., so ll'id w1aste collectors lanc] oti-ie r )ersons n (V�
------------------------
-['!,-,ie coUntv conveinience site loclatec.] la t!"'ie co— Untv sec-lure
(2) Bv ariv oti-ier meti-iod wl-iicl-i 1-uts a
.. . ...............
e in. v i ro n. i i i e 11 ('111 (12C11, I -,ie state de�,I'Xartment of einvironmeint land n,atUr,alo reso-lurces,
I
............... ...............
('111d oti-ier cuaeincies, 11-iis m1av inchUde tl,-,ie cotintv-owned wlaste-to-eine� ,Y,.,v
------------------------------- ---------------
f c
a
-----------
Board of Commissioners Meetin
01/22/2013
22-1-21
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' c 44 - Yard waste hand lin
(a)
3
(c)
EE
(e)
�f}
[G)J
No yard waste will be accepted in lined areas or cells of the county secure landfill.
Loads of unseparated municipal solid waste exceeding 15 percent yard waste by
volume (as determined by the director of environmental management or his
designee ), and delivered to the lined area of the county secure landfill��i
�����r� „M ,,M� �;� <=M������ � ° ����,M� ���� =�.will be exacted a � 00 percent surcharge over normal tipping
fees for materials disposed. The amount of this tipping fee surcharge will be
dependent upon the schedule of tipping fees approved by the county board of
commissioners.
Solid waste collectors shall not commingle yard waste and municipal solid waste
prior to disposal.
Yard waste shall be delivered separately to an approved yard waste processing
facility or disposal site.
Plastic bags and other noncompostable materials and containers, shall not be
disposed at the yard waste processing or disposal site.
The provisions of this article shall not prevent the removal of yard waste by the
generators or by other contractors or persons who would not be defined as solid
waste collectors, provided these materials are removed in accord with this chapter.
Solid waste generators, solid waste collectors and other persons may dispose of
yard waste by one of the following methods:
(1)
A yard waste processing facility which makes annual reports to or is
permitted by the state department of environment and natural resources.
7
.. IE �,M' , �w� � ; ,� >� .r M µ,, �M �,M� r � � � �;r�� d ,, �,M� �, M ,,, >� ;r� � R �M, �,M .r� ,„ �. t, ��,M
Board of Commissioners Meeting
01/22/2013
22-1-22
.,
The City of Wilmington's yard waste processing facility.- or ott'ier N ew , 4 - - Formatted: indent: Left: 1 ". No bullets or
i ° s numbering
lan.o�v � .o �n, / III -L1 1,C !J a�� v �1����� kyast( � OC H_2 f��� � tv � one � ",,.�F. �. ,:
I
(h)
A land- clearing and inert debris landfill approved by the county and the state
department of environment and natural resources, and permitted to receive
yard waste.
A backyard composting bin or small -scale composting, mulching or tree -
trimming operation as allowed by the state department of environment and
natural resources yard waste facility requirements.
By any other method which has been approved by the county department of
environmental management, the state department of environment and
natural resources, and other responsible agencies.
The provisions of this article shall not prevent the development of back yard and
other small -scale composting and mulching operations which are considered exempt
operations per the state department of environment and natural resources yard
waste facility requirements.
Sec. 44-84.4. Rec clabille
y k£ £ k a p
� a a
a:& � '.. � o X $ � ��4 � . a & L ! $ .X � � � G. J � a. &,"'a E „ 4. 4. �r � E E „G.� � E a�. X .�".a W . . t, e , a. &4. 4. a � � ; ,J E „e (..G. in 11 in e(,.] . a.& X g.& . " a or c e l l s of E„ . e c o U n E„ y ."a e . U re
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Board of Commissioners Meeting
01/22/2013
22-1-23
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S ec.
This article may be cited as the "Out -of- County Waste Ordinance of New Hanover
County, North Carolina.”
(a)
3
(c)
EE
The county landfill and WASTEC are owned and operated by the county.
The county department of environmental management serves as the landfill and
WASTEC administrator and maintains the landfill and WASTEC for the benefit of the
citizens of the county.
The county landfill and WASTEC are valuable and limited resources which the
owners wish to preserve and conserve, in order that they may be available for use by
the citizens of the county.
Board of Commissioners Meeting
01/22/2013
22-1-24
The county landfill is restricted by permit to receiving only waste generated in the
county.
(e)
The county has found it necessary to restrict unauthorized out -of- county waste that is
received at the landfill and WASTEC.
(f)
This article is created in order to properly manage waste and to adhere to permit
conditions.
S ec. . C oun t y WASTEC . ,, ., , ,
The county landfill and WASTEC, as presently constituted and as may be expanded
in the future, shall be used for the disposal of solid waste generated exclusively by the
residents, businesses and other institutions located in the county unless specifically
authorized by the county manager or his designee.
S ec. . .' ,-"
(a)
Criminal penalty. Any person disposing of waste in violation of this article shall be
guilty of a misdemeanor punishable by a fine not to exceed $500.00 per offense or
imprisonment of not more than 30 days, or both. Each violation shall be treated as a
separate offense.
107,
Civil penalty. Any person who is found in violation of this article shall be subject to a
civil penalty not to exceed $500.00 for the first offense, $1,000.00 for the second
offense and $5,000.00 for subsequent offenses. Each violation shall be treated as a
separate offense.
(c)
Other remedies. Equitable remedies may enforce this article and any unlawful
condition existing in violation of this article may be subject to an injunction or order of
abatement.
�
1 Formatted: Strikethrou g h
Board of Commissioners Meeting
01/22/2013
22-1-25
44 0
-41. h r N
I ' ................... ... .. e g...5, g , ! n
S I _- y _
Frar-�,,chisees' fees are avaHa,,,b1e,.,,,.,,, chisee.
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Board of Commissioners Meetin
01/22/2013
22-1-26
'Ee.el
MUMI'ici-a� Sohd Waste
...............
At 4.101/Non-Stan 'L.,Jlnconventiona� Ac"c"f:1?-Dt'abk,1- Sohd Waste
Rf ,l In additi I t f:1 --) r f:-11 L I
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Provides a beneficW Use
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corrimciaH avaflaW e S OUrce s
fer or its intended Use
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c�ear -,F as
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Car ,c,,,",b,oa,r(""""1,00% c�ear-,�,, as verffie,(1J"_b L.ar-�Jfffl RECYCL.ED1
A ................................................................................................... ..... ........ .................................................. ..... .... .......... .........................................................
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Mixed Gass 9RECYCL.ED3
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Wor Sorted' C�.,�ass (RECYCL.M
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As estos-'ACCEP'ED Wffl-g' SPECIAL, APPROVA 0 V
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ith_a_or-�,,e ton
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Board of Commissioners Meetin
01/22/2013
22-1-26
r l
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H Fifters (1-iOMEOWNERS ONLY. RECYLCED
Board of Commissioners Meetin
01/22/2013
22-1-27
ORDINANCE
OF
THE NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, there have been significant changes to North Carolina General Statutes in regards to items that
are allowed to be disposed of in a landfill; and
WHEREAS, the New Hanover County solid waste code of ordinances has not been updated to reflect these
statutory changes; and
WHEREAS, from time to time, New Hanover County citizens and / or businesses request to dispose of
Municipal Solid Waste that is non - standard and could require fewer or additional resources or processing expenses
to accept, and no standard method of non - standard tipping fee calculation or authorization for the Director of
Environmental Management to adjust said tipping fees exists; and
WHEREAS, from time to time, certain New Hanover County non - profit agencies request a waiver or
reduction to tipping fees and no process or formal authorization to reduce or waive said tipping fees exists; and
WHEREAS, Environmental Management has submitted revisions to update the code of ordinances and
provide clarity and flexibility for the Director of Environmental Management to better respond to the needs of
citizens and others considered by the Board of Commissioners.
NOW, THEREFORE, the Board of Commissioners of New Hanover County, North Carolina, does hereby
ordain that the New Hanover County Ordinances are amended as follows to be effective January 22, 2013:
1. Amend See. 44 -1. Definitions to add:
Antifreeze means ethylene glycol.
Atypical /Nonstandard /Unconventional Solid Waste means any acceptable municipal solid waste that has
unusual characteristics either by nature, amount or type of the waste, the relative composition of components, or the
potential for beneficial use. Under this definition, there are four basic classifications:
(a) Material requiring additional site preparation by landfill personnel that includes, but is not limited to,
materials requiring a separate working face to isolate the material from other commercial traffic, an
excavation pit to accept the waste and immediate cover, or temporary closure of an existing working face to
minimize hazards to other commercial traffic;
(b) Material requiring specialized equipment rental;
(c) Material that would likely create a nuisance condition including, but not limited to, materials that generate
large quantities of dust and requires the presence of dust - suppressing equipment and /or use of respirators
by site personnel, or generate noxious odors sufficient to require the use of odor controlling mists, fogs, or
sprays, or require significant handling by on -site equipment sue to its size, density, bulk or construction;
(d) Material that can be beneficially re -used including, but not limited to, materials that are approved for use as
an alternate daily cover and offsets the purchase of native soils or can be used for road construction and
maintenance and offsets the purchase of stone and gravel.
Banned materials (defined in G.S. § 130A- 309.10.) means all solid waste items which are prohibited from
being disposed of in a landfill and / or incinerated in an incinerator for which a permit is required under G.S. §13OA,
Article 9.
Beverage containers required to be recycled under G.S. § 188- 10061 means all recyclable beverage containers
of all beverages sold at retail on the premises for holders of on- premises malt beverage permits, on- premises
unfortified wine permits, on- premises fortified wine permits, and mixed beverages permits.
1
Board of Commissioners Meeting
01/22/2013
22-2-1
Discarded computer equipment (defined in G.S. § 130A- 309.131.) means any desktop computer, notebook
computer, monitor or video display unit for a computer system, and the keyboard, mice, other peripheral equipment,
and a printing device such as a printer, a scanner, a combination print- scanner -fax machine, or other device designed
to produce hard paper copies from a computer. Computer equipment does not include an automated typewriter,
professional workstation, server, ICI device, ICI system, mobile telephone, portable handheld calculator, portable
digital assistant (PDA), MP3 player, or other similar device; an automobile; a television; a household appliance; a
large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode
ray tube, a cathode ray tube device, a flat panel display, or similar video display device that is contained within, and
is not separate from, the larger piece of equipment, or other medical devices as that term is defined under the federal
Food, Drug, and Cosmetic Act.
Hours of Operation means the posted hours during which customers may deliver and unload solid waste for
disposal at the New Hanover County Environmental Management Facilities.
Lead -acid batteries (as provided in G.S. § 130A- 309.70.) means any battery, sealed or otherwise, that consists of
a lead (Pb) electrode and a lead oxide (PbO2) electrode immersed in a solution of water and sulfuric acid (H2SO4).
Common examples of lead acid batteries are car batteries, alarm system backup batteries, and camcorder batteries.
Recyclable rigid plastic containers (that are required to be labeled as provided in subsection (e) of G.S. §
13 OA -3 09. 10.) means any plastic container with a neck smaller than the body, including beverage containers, with a
capacity greater than or equal to 8 fluid ounces and less than or equal to 5 gallons, with a code placed on or near the
bottom of the container indicating the plastic resin used to produce the container, where the code consists of a
number placed within three triangulated arrows and letters placed below the triangulated arrows and which reads:
(1) For polyethylene terephthalate, the letters "PETE" and the number 1.
(2) For high density polyethylene, the letters "HDPE" and the number 2.
(3) For vinyl, the letter "v" and the number 3.
(4) For low density polyethylene, the letters "LDPE" and the number 4.
(5) For polypropylene, the letters "PP" and the number 5.
(6) For polystyrene, the letters "PS" and the number 6.
(7) For any other, the letters "OTHER" and the number 7.
2. Amend Sec. 44 -41. Charges generally to read:
Sec. 44 -41. Charges generally.
For the service of collecting and disposing of refuse, the owner or occupant of all premises from which
refuse is collected by the county or its franchisee shall be charged such rates as may be established, from time to
time, by the county commissioners. No owner or occupant of these premises shall be exempt from the collection and
disposal service provided by the county or by individual franchisees.
(1) Except as otherwise provided in this chapter, all owners or occupants of premises within the county
shall be subject to the service charges prescribed by the county commissioners. Fees for the collection
and disposal of refuse by the county and / or its franchisees shall be charged to the owner of all
premises in the amount specified in the fee schedule located in Appendix B.
(2) New Hanover County Government and New Hanover County Public Schools are exempt from tipping
fees for the disposal of municipal solid waste at the New Hanover County solid waste disposal
facilities.
(3) The North Carolina Department of Transportation is exempt from tipping fees for the disposal of solid
waste at the county solid waste facilities which is generated from litter pickup activities along public
roads and highways in New Hanover County by Adopt -A- Highway volunteers, inmate litter crews, and
/or highway maintenance personnel. This tipping fee exemption does not apply to the disposal of solid
waste generated by any North Carolina Department of Transportation facilities, or any maintenance or
construction activities.
(4) The Director of Environmental Management may waive tipping fees to organized community cleanups
activities for parks, green spaces, beaches, waterways, or similar public open spaces in New Hanover
County.
2
Board of Commissioners Meeting
01/22/2013
22 -2 -2
(5) Any federal Internal Revenue Code Section 501 (c) (3) or 501(d) non - profit organization located in
New Hanover County which accepts clothing, furniture or other items of personal property on a year -
round basis, and sells those items of personal property to raise funds for the organization's services, or
distributes those items of personal property to persons in need, shall be exempt from paying tipping
fees on that personal property which is in such disrepair that it cannot be resold or distributed and must
be transported and disposed of at the New Hanover County Solid Waste facilities.
(6) All requests for exemption meeting criteria 44.41. (1) — (5) shall be made on the appropriate form, in
writing, to the Director of Environmental Management 30 days prior to the event. Applicants will be
promptly notified of approval or disapproval of the request in writing.
3. Amend Sec. 44 -45. Containers and storage and collection practices to read:
Sec. 44 -45. Containers and storage and collection practices.
(a) Each residential regular customer will be provided a roll -out cart by the franchisee. Customers using the
roll -out cart may not fill the cart in such a manner that the cart lid will not close tightly over the cart body
or so full (over 200 pounds) that the mechanical lifters mounted on refuse packers cannot lift the cart.
Material outside of the cart will not be collected.
4. Amend Sec. 44 -46. Solid wastes the county or its franchisee will not collect to read:
Sec. 44 -46. Solid wastes the county or its franchisee will not collect.
This service does not allow for the collection of the following types of solid wastes, and no person may
place any of the following in any container or receptacle intended for collection by the county or its franchisee:
(1) Hazardous refuse and industrial refuse. All such hazardous refuse and industrial waste shall be
stored in suitable leak proof containers sufficient to ensure that no such refuse or waste leaks or
spills onto any public or private property. It shall be the responsibility of the person in possession
of the premises where hazardous refuse or industrial waste is generated to see that it is disposed of
properly.
(2) Contagious disease refuses. The removal of clothing, bedding or other refuse from homes or other
places where highly infectious diseases have occurred shall be performed under the supervision
and direction of the county health department.
(3) Building materials and wooden pallets. Such materials shall be removed by the owner of the
property or by the contractor. No new certificate of compliance shall be issued until such material
has been removed by the owner or contractor.
(4) Human tissues or waste from operation, autopsy or obstetrical procedures or any other material of
similar nature.
(5) Materials of any kind or nature, including ashes, which contain any hot or live coals or fire.
(6) Hypodermic instruments. Hypodermic syringes, needles or any instrument or device for making
hypodermic injections must be placed in a plastic or glass bottle or similar protective container,
which must then be sealed and placed in a garbage container. Alternately, such instruments may
be disposed of under the supervision and direction of the county health department.
(7) Dead animals. The proper handling and disposal of dead animals is the responsibility of the owner
of the property.
(8) Discarded computer equipment or discarded televisions. Electronic wastes can be disposed of via
manufacturer's recycling programs registered with the state department of environment and
natural resources, at the county landfill convenience site (homeowners only), or other sanctioned
electronic recycling events.
(9) Lead -acid batteries. Such materials may be disposed of with wholesalers and retailers that sell
lead -acid batteries, at the county landfill drop off recycling site, or at household hazardous waste
collection events /facilities.
(10) Antifreeze. Used ethylene glycol may be disposed of at participating recycling or antifreeze
disposal sites, at the county landfill convenience site, or at household hazardous waste collection
events /facilities.
(11) Used oil or motor vehicle oil filters. Such items may be disposed of at permitted or approved
collectors or recyclers, at the county landfill convenience site, or at household hazardous waste
collection events /facilities.
3
Board of Commissioners Meeting
01/22/2013
22 -2 -3
(12) Aluminum cans co- mingled with municipal solid waste. Aluminum cans that have been source
separated, or are co- mingled with other recyclables (only) expressly for the purpose of recycling,
may be collected by the county or its franchisee.
5. Amend Article III. Yard Waste to read:
Article III. Yard Waste and Other Selected Banned Materials
Sec. 44 -81. Title.
This article shall be known and may be cited as the "Yard Waste and Other Selected Banned Materials
Ordinance of New Hanover County, North Carolina."
Sec. 44 -82. Purpose.
The purpose of this article is to:
(1) Ensure the county's compliance with state waste reduction goals and solid waste requirements as
articulated in G.S. § 130A, Article 9 Solid Waste Management, and subsequent amendments to
that chapter;
(2) Encourage recycling and composting by promoting the removal from the waste stream widespread
and readily recyclable materials;
(3) Conserve landfill space; and
(4) Provide the county with useful soil amendment and / or potentially marketable product(s).
Sec. 44 -83. Authority.
The county enacts this article pursuant to G.S. § 130A -290 et seq. and 153A -136 et seq.
(Code 1978, §8.5 -43)
Sec. 44 -84.1. Discarded computer equipment handling; discarded television handling; white goods handling.
(a) No discarded computer equipment, discarded televisions or white goods will be accepted in lined areas
or cells of the county secure landfill or for incineration at the county waste -to- energy- facility, if
applicable.
(b) Discarded computer equipment and /or discarded televisions shall be delivered separately to an
approved processing facility or disposal site.
(c) White goods shall be delivered separately to an approved processing facility or disposal site.
(d) Solid waste collectors shall not commingle discarded computer equipment, and / or discarded
televisions and / or white goods and municipal solid waste prior to disposal at the county landfill or
county waste -to- energy facility, if applicable.
(e) Solid waste collectors and county residents may dispose of discarded computer equipment, discarded
televisions or white goods by one of the following methods:
(1) The county convenience site located at the county secure landfill.
(2) By any other method which has been approved by the county department of
environmental management, the state department of environment and natural resources,
and other responsible agencies.
(f) Repeated occurrences of a solid waste collector disposing of loads of un- separated municipal solid
waste containing any discarded computer equipment, discarded televisions or white goods (as
determined by the director of environmental management or his designee), and delivered to the lined
area of the county secure landfill or to the county waste -to- energy facility, if applicable, may result in
penalties to include prohibiting a driver or vehicle from unloading at a county owned facility.
Repeated violations by multiple vehicles of the same franchisee will constitute grounds for revocation
of a franchisee's franchise.
Sec. 44 -84.2. Wooden pallet handling; whole scrap tire handling.
(a) No wooden pallets or whole scrap tires will be accepted in lined areas or cells of the county secure
landfill.
(b) Repeated occurrences of a solid waste collector disposing of loads of un- separated municipal solid
waste containing any wooden pallets or whole scrap tires (as determined by the director of
environmental management or his designee), and delivered to the lined area of the county secure
landfill or to the county waste -to- energy facility, if applicable, may result in penalties to include
prohibiting a driver or vehicle from unloading at a county owned facility. Repeated violations by
multiple vehicles of the same franchisee will constitute grounds for revocation of a franchisee's
franchise.
4
Board of Commissioners Meeting
01/22/2013
22 -2 -4
(c) Solid waste generators, solid waste collectors and other persons may dispose of wooden pallets by one
of the following methods:
(1) The county construction waste processing facility, located at the county secure landfill.
(2) A construction and demolition landfill approved by the county and the state department
of environment and natural resources, and permitted to receive wooden pallets.
(3) By any other method which has been approved by the county department of
environmental management, the state department of environment and natural resources,
and other responsible agencies This may include the county -owned waste -to- energy
facility, if applicable.
(d) Solid waste generators, solid waste collectors and other persons may dispose of scrap tires by one of
the following methods:
(1) The county convenience site located at the county secure landfill.
(2) By any other method which has been approved by the county department of
environmental management, the state department of environment and natural resources,
and other responsible agencies. This may include the county -owned waste -to- energy
facility, if applicable.
(e) The provisions of this article shall not prevent the removal of wooden pallets or scrap tires by the
generators or by other contractors or persons who would not be defined as solid waste collectors,
provided these materials are removed in accord with this chapter.
Sec. 44 -84.3. Yard waste handling.
(a) No yard waste will be accepted in lined areas or cells of the county secure landfill.
(b) Solid waste collectors shall not commingle yard waste and municipal solid waste prior to disposal at
the county landfill.
(c) Loads of un- separated municipal solid waste exceeding 15 percent yard waste by volume (as
determined by the director of environmental management or his designee), and delivered to the lined
area of the county secure landfill will be exacted a 100 percent surcharge over normal tipping fees for
all materials disposed. The amount of this tipping fee surcharge will be dependent upon the schedule
of tipping fees approved by the county board of commissioners.
(d) Yard waste shall be delivered separately to an approved yard waste processing facility or disposal site.
(e) Plastic bags and other non - compostable materials and containers, shall not be disposed at the yard
waste processing or disposal site.
(f) The provisions of this article shall not prevent the removal of yard waste by the generators or by other
contractors or persons who would not be defined as solid waste collectors, provided these materials are
removed in accord with this chapter.
(g) Solid waste generators, solid waste collectors and other persons may dispose of yard waste by one of
the following methods:
(1) A yard waste processing facility which makes annual reports to or is permitted by the state
department of environment and natural resources.
(2) The City of Wilmington's yard waste processing facility or other New Hanover County municipal
yard waste processing facility, if one exists.
(3) A land - clearing and inert debris landfill approved by the county and the state department of
environment and natural resources, and permitted to receive yard waste.
(4) A backyard composting bin or small -scale composting, mulching or tree - trimming operation as
allowed by the state department of environment and natural resources yard waste facility
requirements.
(5) By any other method which has been approved by the county department of environmental
management, the state department of environment and natural resources, and other responsible
agencies. If applicable, this may include incineration at a county -owned waste -to- energy facility.
(h) The provisions of this article shall not prevent the development of back yard and other small -scale
composting and mulching operations which are considered exempt operations per the state department
of environment and natural resources yard waste facility requirements.
5
Board of Commissioners Meeting
01/22/2013
22 -2 -5
Sec. 44 -84.4. Recyclable rigid plastic container handling.
(a) No recyclable rigid plastic containers will be accepted in lined areas or cells of the county secure
landfill.
(b) Solid waste collectors shall not commingle recyclable rigid plastic containers and municipal solid
waste prior to disposal at the county landfill.
(c) Loads of un- separated municipal solid waste exceeding 5 percent recyclable rigid plastic containers by
volume (as determined by the director of environmental management or his designee), and delivered to
the lined area of the county secure landfill will be exacted a 100 percent surcharge over normal tipping
fees for all materials disposed. The amount of this tipping fee surcharge will be dependent upon the
schedule of tipping fees approved by the county board of commissioners.
(d) Solid waste generators, solid waste collectors and other persons may dispose of recyclable rigid plastic
containers by one of the following methods:
a. A county drop off recycling center or the county convenience site located at the county secure
landfill.
b. A recycling or materials recovery facility approved by the county and the state department of
environment and natural resources, and permitted to receive recyclable rigid plastic containers.
c. By any other method which has been approved by the county department of environmental
management, the state department of environment and natural resources, and other responsible
agencies.
(e) The provisions of this article shall not prevent the removal of recyclable rigid plastic containers by the
generators or by other contractors or persons who would not be defined as solid waste collectors,
provided these materials are removed in accord with this chapter.
Sec. 44 -84.5. Oyster shell handling. Aluminum can handling; Beverage containers required to be recycled
under G.S. § 18B- 1006.1 handling;
(a) No oyster shells, aluminum cans, or beverage containers required to be recycled under G.S. §
18B- 1006.1 will be accepted in lined areas or cells of the county secure landfill or for incineration at
the county waste -to- energy- facility, if applicable.
(b) Solid waste collectors shall not commingle oyster shells and / or aluminum cans and / or beverage
containers required to be recycled under G.S. § 18B- 1006.1 with municipal solid waste prior to
disposal at the county landfill.
(d) Loads of un- separated municipal solid waste exceeding 5 percent oyster shells, aluminum cans, and /
or beverage containers required to be recycled under G.S. § 18B- 1006.1 by volume (as determined by
the director of environmental management or his designee), and delivered to the lined area of the
county secure landfill will be exacted a 100 percent surcharge over normal tipping fees for materials
disposed. The amount of this tipping fee surcharge will be dependent upon the schedule of tipping fees
approved by the county board of commissioners.
(c) Solid waste generators, solid waste collectors and other persons may dispose of oyster shells by one of
the following methods:
a. The county convenience site located at the county secure landfill.
b. The Division of Marine Fisheries recycling locations.
(d) Solid waste generators, solid waste collectors and other persons may dispose of aluminum cans and
beverage containers required to be recycled under G.S. § 18B- 1006.1 by one of the following methods:
a. Recycling centers / facilities permitted by the state department of environment and natural
resources.
b. The county drop off recycling centers and convenience site located at the county secure landfill or
c. By any other method which has been approved by the county department of environmental
management, the state department of environment and natural resources, and other responsible
agencies.
(e) The provisions of this article shall not prevent the removal of oyster shells, aluminum cans or beverage
containers required to be recycled under G.S. § 18B- 1006.1 by the generators or by other contractors
or persons who would not be defined as solid waste collectors, provided these materials are removed in
accord with this chapter.
6
Board of Commissioners Meeting
01/22/2013
22 -2 -6
1. Amend Appendix B Fee Schedule to read:
Chapter 44. Solid Waste
Article II. Collection and Disposal
Division I. Mandatory Residential Service
§ 44 -41. Charges generally
Franchisees' fees are available upon request from each individual franchisee.
County Fees
Category
Fee
Municipal Solid Waste
$59.00 / ton
Atypical /Non- Standard/Unconventional Acceptable Solid Waste
Requiring additional site preparation
Requiring specialized equipment rental
Likely create a nuisance condition
Provides a beneficial use
$69.00 / ton
$84.00 / ton
$69.00 / ton
$59.00 / ton less material's value
if purchased from commercially
available sources for its intended
use
Construction / Demolition
$59.00 / ton
Concrete / Brick / Dirt (MIXED)
$59.00 / ton
Concrete/ Brick / Dirt (100% clean as verified by Landfill attendant, RECYCLED)
$30.00 / ton
Shingles / Built -Up Roofing (MIXED)
$59.00 / ton
Asphalt Shingles (100% clean as verified by Landfill attendant, RECYCLED)
$30.00 / ton
Refuse Delivered in Cars, Pick -Up Trucks, or Trailers
$59.00 / ton
Cardboard (100% clean as verified by Landfill attendant, RECYCLED)
No Charge
Mixed Glass (RECYCLED)
$20.00 / ton
Color Sorted Glass (RECYCLED)
No Charge
Asbestos (ACCEPTED WITH SPECIAL APPROVAL ONLY)
$80.00 / ton (with a one (1) ton
minimum charge)
Sludge (ACCEPTED WITH SPECIAL APPROVAL ONLY)
$80.00 / ton
Tires (GENERATED DURING THE "NORMAL COURSE OF BUSINESS ")
No Charge
Tires (NOT GENERATED DURING THE "NORMAL COURSE OF BUSINESS ")
$83.00 / ton
Oyster Shells (RECYCLED)
No Charge
Household or Lead Acid Batteries (RECYCLED)
No Charge
Waste Oil / Antifreeze (RECYCLED)
No Charge
Appliances (RECYCLED)
No Charge
Electronics Recycling (HOMEOWNERS ONLY, RECYCLED)
No Charge on Wednesdays from
gam — 2pm
Used Oil Filters (HOMEOWNERS ONLY, RECYLCED)
No Charge
ADOPTED, this 22nd day of January 2013.
(Seal)
Woody White, Chairman
Board of County Commissioners
Sheila L. Schult, Clerk to the Board
7
Board of Commissioners Meeting
01/22/2013
22 -2 -7
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 22, 2013
REGULAR
ITEM:
23
DEPARTMENT: Commissioners PRESENTER(S): Chairman White
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following boards and committees:
Cape Fear Museum Advisory Board
NHC Plumbing Board of Examiners
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
ATTACHMENTS:
Cape Fear Museum Advisory Board
NHC Plumbing Board of Examiners
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made.
Cape Fear Museum Advisory Board:
William H. Terrell was appointed.
NHC Plumbing Board of Examiners:
Ernest Duarte was reappointed.
Thomas L. Crittenden was appointed.
Board of Commissioners Meeting
01/22/2013
23 -0
COMMITTEE APPOINTMENTS
CAPE FEAR MUSEUM ADVISORY BOARD
1 Vacancy: 3- Year Term expiring 6/30/2616
A vacancy was created when appointment of Beth Dawson was changed to the
County Commissioner representative.
APPLICANTS:
Dionna Jill Durham
Andrew Koeppel
Justin W. LaNasa
Kristi K. Sullivan
William H. Terrell
Attachments: Committee Information Sheets
Applications
ELIGIBLE FOR
REAPPOINTMENT
Board of Commissioners Meeting
01/22/2013
23 -1 -1
CAPE FEAR MUSEUM ADVISORY BOARD
Number of Members: 12, which may include one County Commissioner
Term of office: Three years - may not serve more than two consecutive terms and cannot be
reappointed until at least one year after the last term.
Qualifications: Any County resident 18 years of age or older who has a sincere interest and
commitment to the preservation of the history of the Lower Cape Fear region. Members shall be
required to sign a conflict of interest agreement which will be provided in advance of their
appointment.
Compensation: None, but may be reimbursed for approved expenses incurred in performance
of their duties.
Regular Meetings: Third Wednesday of every month at 4:00 p.m. at the Museum, 814 Market
Street. (No meeting in July)
Functions: To develop necessary policies for the efficient and responsive operation of the
Cape Fear Museum; to advise the Museum Director and staff on programs and exhibits; to advise
the County Manager and County Commissioners concerning the operating and capital needs of
the Museum; and to serve on relevant committees. In addition, Board members are expected to
actively promote the Museum's programs, and to assist and participate in its programs, including
efforts to solicit outside funding for the Museum. (Changed from board of trustees to an advisory
board effective 8/4/2003 (Book 29 page 894 ).
Board of Commissioners Meeting
01/22/2013
23 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Stuart Borrett
First 6/21/10
6/30/13
1806 Ann Street
Wilmington, NC 28403
795 -7502 (C) 692 -2411 (W)
T. Gwendolyn Grear Brown
First 6/18/12
6/30/15
3224 Amber Drive
Wilmington, NC 28409
794- 9359(H) 620- 4817(C)
Linda Fallon Chapman
Unexpired 11/21/05
6/30/08
131 Cannon Road
First 6/16/08
6/30/11
Wilmington, NC 28411
Second 6/20/11
6/30/14
686 -5625 (H)
Nancy Ballard Cox
Unexpired 7/23/12
6/30/14
1029 43 Street
Wilmington, NC 28403
350 -8018 (H)
Vacancy
6130/13
Board of Commissioners Meeting
01/22/2013
23 -1 -2
CAPE FEAR MUSEUM ADVISORY BOARD (CONY.)
Revised: 1 2/20/12
Board of Commissioners Meeting
01/22/2013
23 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Jack H. Mills, Vice - Chairman
Unexpired 7/24/06
6/30108
1004 Bay Head Circle
First 6/16/08
6/30/11
Wilmington, NC 28405
Second 6/20/11
6130/14
256 -8213 (H) 617 -6932 (C)
Daniel Hill Owen
First 6118/12
6/30/15
116 Edgewater Lane
Wilmington, NC 28403
297 - 4123(0) 509- 5142(W)
Nancy H. Pritchett
First 9119/11
6130/14
5330 Megans Place Drive
Wilmington, NC 28409
791 -2827 (H)
Sandra J. Sheridan, Secretary
Unexpired 7120/09
6130/10
4600 Bentley Drive
First 6121 /10
6130/13
Wilmington, NC 28409
799 -5541 (H)
J. Tucker Stevens
First 7/11 /11
6/30/14
3117 Wickford Drive
Wilmington, NC 28409
791- 6291(H) 791- 2128(W) 616- 1140(C)
Allen N. Trask, III
First 6/21 /10
6/30113
2814 Hydrangea Place
Wilmington, NC 28403
470 -8631 (H) 794 -4804 (W)
Museum Associates, Inc. President:
Ben Woodruff
County Commissioner: Beth Dawson
Appointed 12/17/12
798 -7149 (NHC) 233 -8780 (C)
Director: Ruth Haas
File: /Museum
Cape Fear Museum
B/C #21- 12.12
814 Market Street
Wilmington, NC 28401
798 -4350 Fax 798 -4382
Revised: 1 2/20/12
Board of Commissioners Meeting
01/22/2013
23 -1 -3
F 06 / 05 / 201 2 16:35 #349 P.001/001
NEW HANOVER COUNTY ����� .
BOARD OF COMMISSIONERS ,�
230 Govemment Center Drive, Suite 175
rn»
���on. NC 2W3 COMMITTEE APPLICATION
Telephone (914) 798 -7749
FAX (910) 798 -7145
fijoafd1C0n'1mittee: CAPE FEAR MUSEUM ADVISORY BOARD
!Name: D I ONNA JILL DURHAM E.m
Home
Address: 5213 SENTRY OAKS DRIVE WILMINGTON 28449
!Mailing Address N diffemt:
(city) (ZOO Code)
Horne phone: 910- 789 -0782
Fax: N / A CWI: 91 0 -7 89 --0782
Years living in
N Hanover Cou nty: 13 Male: Female: tl Race:
(Information for the purpose ofassuring a cross-swbon of the community)
Do you have at family member employed by New Hanover Co 1f yes, name ( SELF)
Ag 4 0
Employer: NEW HANOVER COUNTY- PSCC- 911
A person a wmity amp*ed by the agency or f for w ch s eppfc is me* mint m0gn NOw position with Mew Hanover c ounty up-vn smanhwt to
accordance wfth Arfde Vl, Sec. 4 of the Now Hanover County Psmmnnal Pdkcy. Furthermore, appflcent should have no immedair family member wr4 tvs ed by such agency or
do"rtmerrt,
Occupation: 911 TELECOM4UNICATOR
Professional Acgvltles: S • O • P DEVELOPER /WRITER /PUBLISHER
Volunteer Actr`vi#ies: S . O . P. DEVELOPER/WRITER /PUBLISHER
Why do you wish to serve on this boardlcommi tee? SIMPLY TO BE PART OF THE HISTORY AND
PRESERVATION OF THIS BEAUTIFUL COUNTY THAT I PROUDLY CALL HCM.
Cwffiet of kn *va 9 a board member befiews ha4he has a c orafl d or ~&( cavj?W Of MWW on a particular due, That member sho stafe his bokef to the other
mernMrs of NOW res pective board dudtng a pubf meeting. The member should state tits nature of the c Mkt de&#ng that h wWm has a separote, pivatd, or monetary
inier&K ~ dnect or indmd, in fhe l"uo wxior cs miderabon. The member should #on excuse h1maw&wwffft= v+ofng on the meaner.
What areas of concem would you like to see addressed by ibis corn mlitee? I WO ULD LICE TO SEE MORE
COMMUNITY AWARENESS AND INVOLVEMENT.
Qualfficadons for among: 13 YEAR RESIDENT , SINCERE DEDICATION AND INTEREST TO THE HISTORY
AND PRESERVATION OF THE LOWER CAPE FEAR REGION.
Other municipal or county boardsJcommi##ees on which you am serving: NONE
WHITE
Business: 452-6120
List three local personal inferences and phone numbers:
1 Mrs. Ruth Haas
Cape Fear Museum - Director
910 -798 -4354
2. Mr. War Lee
Emergency Management- Director
910- 798 -5900
3. Ms. Julia Boseman
Attorney
910- 547 -5975
Date: 6/2/2012 Signatture V_ A- IL.,-
Applications are kept on fife for 18 months 1 understend that any board or commlt#oe appointee may be removed
wftliout cause by a m�artty of County Cornmissionera.
Please use reverse side for addltJonal comn�enta
Board of Commissioners Meeting
01/22/2013
23 -1 -4
. r•...•. .... ... .... .. .... .... ... - . ... .... 5 :r^ f •.y .. 5.. t .1 '. ... • .I. .i � - t _ . r � 1 .. -lft� .. .. . � ry' S .�. +1f.... '. '.. «. .S
NEW HANOVER COUNTY 0,3 �
BOARD OF COMMISSIONERS a
230 Government Center Drive, Suite 175
Wilmington NC 284 COMM APPLICATION �
Telephone (970) 798 -7749
FAX (914) 798 -7945
• �'�+IAibHt��'� •
Board/Committee: D� � pia � / �G/S � G �,�''J Alolll
Name:
Hom
Address: 3 �� 9 ��f� 1�,e � % �.P ,
(Street)
(City)
(Zip Code)
Mailing Address if different: � Z� . DA / Llllh'�'�
(City) (Zip Code)
Home Phone: 7 f� � Fax: Cell: -- Business: -7 - 7 / 71
Years living in
New Hanover County: Male. Female. Race: / 77"_z!E:'
(Information for the purpose of assuring a cross - section of the community)
age: � 7
Do ou have a family member e b New Hanover Coun If fie
Y Y Y es name .
Y Y
Employer:
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, 1n
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:
zr
Professional Activities: C����� r T A �F,�/i�
! /f /� /� /y ,%{J/ /♦ f�j'' ( J / � / � ` * /f/ 1114 /// / /fwf / f � /jam / j / //.��,y/ . r IJ A�4f� IV V� [ y •'.Y� � V" - e / Volunteer Activities: 6 -
.� _ &--S .� � Ss. Cry"
Wh do y ou wish to serve on this board/committee? / � -� tV lw
Y Y
1411z-
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 ou like to see addressed b this committee?
J�� Y Y
S ��I`7 , S, /mss 1 4 1 1S 7 - ?). _7- 1 Z s' 1 4 ( d�
41X 4c ' .0 Ae !f "-'0y 7 4—
Qualifications for serving: �-
7
3. rr � BQ Of COMMISSIONERS
Date: - Signature
Applicatio s are kept on rile for 18 months ! understand a ny bo rd or committee ap oin a ay be removed
without use by a majority of Coun Commissioners.
Ple ase use reverse side for additional commpr9gd of Commissioners Meting
e 01/22/2013
23 -1 -5
Other municipal or county boards✓committees on which you are serving: lvA�L �j�� �/`'S� "T
-�/
c2 . �� - T��� -iD ��I� �� n /� 0 z - 7 -- ,4 /t" i ° z
c ) A112 o
I
IrOR /-� -s
0 A /k d e, 0
r
Board of Commissioners Meeting
01/22/2013
23 -1 -6
NEW HANOVER COUNTY
BOARD OF MISSIONERS
CO1�1
230 Government Center Drive, Suite 175_
w,�m ►n n, ,uC 26403 COMMITTEE APPLICATION
Telephone (910 798 -7149 y ;
FAX (910) 798-7145
BoardlCom i tee:
Nsme �t�,S'� r� 1 � � �a� �aS' c e- Mail: -� A � ► r¢r 77 (ay � ed. ram
Home Q'' L! �
Address: O
� U ��� l� Lcoz A�O W y � , LA � �jq 7-4 C0 COO*
Mailing Address if different: 1((0 F�?a✓ 4 .
Home Phone: Fax: �� Cell6r2/.l��`� 3L%/rBuslnesa: 64(d tL22?1C.7dC
Years living in
New Hanover County: <�> Mare: Female: Race: Age:
(in ormation for the purpose of assuring a cross - section of the communjy)
Do you have a family member employed by New Hanover County? If yes, name
Employer. l e) v8. A
A person ctxraendy employed y the agency or department for whicif this applic is made, must resign his/her positron with New Hanover County upon appointment, in
accordance with Article A Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department. V 5
Occu pation: �Ir '5 t2 L+J l' 717
Professional Activities:
Volunteer Activities:
WIA
Why do you wish to serve on this boarftommit#ee? t C VAJt
W
Coniftt of Ire f. !f a board me believes he/she has a conflict or potential conflict of interesf on a particular issue, that member should state this belief to the other
members of his1her 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, ei r direct or indirect, i the issue u eonsi�de tibn. Awnber shoul e hl elf/he from voting on the math:
What oconc wou u !i e s adressed his co�
f1 . . t 1/1 l ,
Qualifications for serving:
Other municipal or county boardslcommittees on
List three local personal references and phone numbers:
JA L).'a
Appf ckWtd ard kept on fife for 18 months 1 understand ba &r�oomm - &ee appointee may be removed
with= se by a ma�jarity of County commissioners.
Please use reverse side for additional comments
Board of Commissioners Meeting
01/22/2013
23 -1 -7
2012 -11 -01 13:05
NbW NANOVER COUNTY
BOARD OF CQMM/SSlONER3
230 nt Grder DrMs, $040 175
1NI�+ir� eon, NC 26M
Mph" 7N.7140
FAIC (91 o) 798•7145
Ogden 9107996854 »
COMMITTEE APPLICATION
P 1/1
r
fry t1�
BosrdX�OM ift9s Capa F ear Muse= Advisory Scard
Nsme. Kri s ti H SUI l Ivan
slal1: ksull iv►an@ andt . com
1'IOI"
A 233 N Crestwood Dr 1PilzingUn XC 28405
Floes Phone:
Code)
Fax. 799 -6854 Ce11: - 51.0 fi n : 313 -2055
Y"rs 11Wng in
Now Hanover Counly: 8 Mate: White 34
.._,_,, ale:„„ Iee: rage;
(10A me fir No xome of warm p a Vow4edw of Me MUMV)
Do you how a family member er►y�loysd by New Flarfov+�r Cwn►t)rl !f y■�, name �o
Employer:
A pew CURM y 67med by for W WI rs " pad we New hin war 1Y upon apyvvled�s �
e enee w�h Ar#do ,see ord�e Hew 1 endvor CountT Feel Aq y. t~urthvrmo% a �►t ltd here nQ �nldd b how mmW o m^W hY ash somy or
dep�r�
ccnp�rA* N M Sank XUAger at BUT
p r0 r 6& W 0ng j A c " &C Leadership WU mington Graduate 2012
Velu nfee rAwu @ on Wi,lmin n.Big Sang Expo - %Chairperson, Marcie of Des- Chaigw rson
Why do yW Wfth to swn on this rWco"Fm ? I want to be i n volved in my f ty an I
think it is inportant to educate everyone, of all ages, about our local h exi tags .
SIC# 0� MME'
to board M~ belfevea h&tft Ifs $ 4&Ad Gr PWd8i =fflW 4f MWOM On ■ p$*&*r bm &W mpmW should sh* ft# h" fa ft aft
Oar: of i�laA�er roapers+�4 d n� a pt►bNr nre0 Thy member dh d ee nahwp of deb IV Mot hathe Ims a sepwok pdvoK or m4netey
I,rMreagt ahher dAmw or 1NW14 in tha under adndftsoffl. The mb7ftf "MOW.
Mat an= of con�i would you like tv s sdd� by phis tV►� eat Muse= at ce , tra
"hitai. ts and c ty i nvo lvMent/education .
Qnslm" done for sen ng: Friend of the NC Museum of Foresty ceder Ha rry W arren
Sher municipal or county beardr/cl on wblch your at* s Mag: None
USt three IUCSI pa=nal IF WIFF cea and phone nnmbww
1. Harry Marren 914 - 414 -4185
2. Allen T=ask III 910 - 794 - 9404
3 Haskell Rhett 910- 762 - 2811 east 204
x; 10 / 34 / 2012
A ppftW ons am Wr on ft for 18 m onths
PAY)
1 ,
patnre
1 under vond OW y ar oomm Nft vpoinm ma. bo re►n oved
w10oat cause by a m oft of COa comr dwonem
use lie &W for s#o� M oard of Commissioners Meeting
01/22/2013
23 -1 -8
NEW HA NO VER COUNTY
r
BOARD OF COMMISSIONERS '
230 Government Center Drive, Suite 175
Wilmington NC 28403 COMMITTEE APPLICATION { -
Telephone (910) 798 -7949
FAX (990) 798 -7145 ,
Board /Committee C -a p. a. Rex e M
Name:
742 + L E- !Nail:
Home
8 6+0 Address: Mi IM 4±094
"--�.
ree y �P Code
Mailing Address if differen t:
Home Phone: TD -&b$6' 236 Fax:
(City)
Cell: 00�
(Zip Code)
Business: �
Years living in
New Hanover Count r. Male: � Female: Race: �. Age: 7
y
(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
Employer.
A person currently employed by the agency or department for which this applicaton 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. �• * °� se-0 1 pda tftPre- mss ► * 1: &% C� ► a�1
Dccu ation: d t3 t' i b De Si Pt4e r i C-2 <T
r
Professional Activities: M�%A Lostria
l D�s�
gv�� r 5 Soci,c ��
��•.►+�er � �a � 3� u.G�,rs
Volunteer Activities: C-a
L
D opt C iI Re;Gwel
,��mv±Lg-t'SN2cKCC Ea r I ty
Why do you wish to serve on this board /committees S:± e Pgg c1 it V C
Cc ►in m .
CIO c5-F- F M. �
r0
r vi e r vV Q th a r 0!n I - * %. b -T- 1 0 K :C 0 a CL#11e\(40 N
_M V K T 0 en r AA O"A _h i
Conflict of Interest: If a b and member believes he /she has a conflict or potential conflict of inte st on a parikular 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? k G ireas g ga W, th LL a
r*A a
�
+i n I V.> a F nz ;_ I L wk Si 0-
Qualifications for serving: !� c� I � r � � Pn 1o� � earS ,
g
`
+440e- Chb it 5uja
C Mid55i L (A lco L
committees on which y ou are serving G tara G V'm C. i I
Roar
81 -A Ion rt Other municipal or county boards) : y 9
r Pr Qf D E Iq 1; 1 V r 11
Lis# three local personal references and phone numbers:
I. I �'� Fie, C1 � 6 16- `7 4� OCT 3 0 2012
2. T4 7 .. NHC BOCC
� r
Date: 112 'EMV now Signature
Applications are kept on file for 18 months 1 understand tha ny board or com a ap ointee may a removed
without cause by a majority of County Commissioners.
Please use reverse side for additional commerftaa of Commissioners Meeting
01/22/2013
23 -1 -9
COMMITTEE APPOINTMENTS
PLUMBING BOARD OF EXAMINERS
2 Vacancies - Master Plumbers
Term of Office: 3 Years (12/1/15)
APPLICANT:
Thomas L. Crittenden
Ernest Duarte
Attachments: Committee Information Sheet
Application
ELIGIBLE FOR
REAPPOINTMENT
IQ
Board of Commissioners Meeting
01/22/2013
23 -2 -1
NEW HANOVE R COUNTY
PLUMBING BOARD OF EXAMINERS
) t
Number of Members: 3 (2 Master Plumbers and 1 Journeyman Plumber)
Ex- Officio: New Hanover County Plumbing Inspector
Term of office; 3 years
Qualifications: A journeyman plumber is a person skilled or trained in the installation of a
plumbing system in commercial or residential properties; and shall have in his possession a valid
license issued by the Board of Plumbing Examiners of New Hanover County, or a valid license
from another county in North Carolina.
Compensation: None
Regular Meetings: Held as necessary in the Inspections and Planning Department
Statute or cause creating Board: N.C. General Statutes 14 -4 and an Ordinance requiring
Plumbing Installations to be made by Journeyman Plumbers and governing the licensing of
Journeyman Plumbers in New Hanover County, dated October 20, 1975, amended May 17, 1976.
Brief on Functions: To administer tests and issue license to qualified plumbers.
Revised: 2/23/2011
Board of Commissioners Meeting
01/22/2013
23 -2 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Ernest Duarte, Master Plumber - Chairman
First 1/19/10
12/1/12
4917 Grosse Woods Drive
Wilmington, NC 28411
791 -7071 (H) 367 -8426 (W) •
Randall J. Siegel
First 11/13/06
12/11/09
448 Marsh oaks Drive -
Wilmington, NC 28411
Second 12/7/09
12/1/12
686 -0068 (H) 352 -6766 (W)
David K. Woodbury, Master Plumber
First 2121 /11
12/1/14
2308 Waverly Drive
Wilmington, NC 28403
763 -6888 (H) 763 -4324
William Eubanks, Chief Plumbing Inspector
File: /Plumbing
New Hanover County Inspections Department
B/C #25 2/11
230 Government Center Drive, Suite 110
Wilmington, NC 25403
798 -7206
Revised: 2/23/2011
Board of Commissioners Meeting
01/22/2013
23 -2 -2
12/�gl2012 13No :5408 �2:p_ ,�,OO1 /001
Fr Dec. 19. 2012 3:26PM TIDEWATER HEATING & AIR
Hew' HallovER couNrY
BOARD OF COMMISSIONERS
230 Oov#mMnr CuXorOrlvV, SuAe 175
WAhfftfvn, NC 28403 COMMITTEE APPLICATION
'7 (910) "a-7149 F r(01 708-7145
BeerdCoMnIA"S; Plumbing Board of Examiners
Master and Journeyman tQmcotidewaterac. co
N'e►re Nomas L. Crittenden Jr. 0:
Hom �" Princeton Dr. Wiimington NC 20403
�4ddr:
e
. gC Box 3194 Wilmington NC 28406
Malling r4ddr+e.�a If dlfl�r'ar l.
(CRY) M0 CQ VO-343-1234
910- 343 -9282 91 - 619 - 3929
Hama phone: 910-763- Fax Co. a now
Years living in K White 6 6
Now Hanover Count►: Male; � Female:,_„,,, Race: Ag
(Irkfmadw kw the pwposa of ga ng a WMWAbn of tho common
have a fam Mbar e � Neer Hanover Cou n N�
Do your lY �P Y � �
Emp
lo yrr Tidewater Heating & Air Conditioning, Inc
A pvxm ray i Ay 9r www W 0400pmin !br whkh moat r9AW td~ liar *1M N&W H009W c omity UPW cppofr"Mt in
woord h w o SM. 4 of" N#W Nomw GounwPrn~/ p mpy mac[ ~ hmw no M m"t 1wV& rhwiiw "Wayodby ioh agwy W
drprrWW17t.
occupation: Mechanical Contractor
i"rof easfonai Ac�nn
.. e r.owner /Manager Tidewater Heating & Air Condit ioning, Inc.
$C-ar rnem er i ea i n 3.r ourn
1lcluntaiwAcOvrY ew Examiners New Hanover County
t
Why do you wish to serve an h b oardVcnMnMO? Increase the educational and saf ty
standards of plumbing ,contractors
II ■ bo" &WftW h&W* !Nt a conk# or pow" cai* o5awmi w ■ PVft4W ftAU4 the fiWn P t noW iab No & w to dw oth�rr
mrn of ftllitr "*Wf'va low "V 'A plc m *f t. Tht marW ~ sf&s dt nMft 4f " "afte r W06*4 IpI1wvl W ►nMWNY
Est ow *W W M*@A I? on Maus WXW Trig pwraw sow* dtw #am* Mrx~ #ffftm wft wt ft mow.
Whet OV S& of conem wou ld yo u Ift to am a alreaaed by co He a 1 th r saf ty , and
welfare for res idents of New Hanover County
Have been a mechanical contractor in New Hanover County for
Qualfflea for sw"All r: .
ef y ear s , ear NC Lic o r e ■ I neatiliv III■
aaomml� o Ich r�l a+ervfr�
,New Hanover County Journeyman
Other municipal or co p vo
Board Heat Cooling and Gas Piping 14ember
Lis# three focal pamnal ref0mcw and phone nun*em
Dr. Jinn Overton, 91 0-- 350 -0357
Mr. Frank Reynolds, 910 -763 -1 519
3. Mr. Jose
Face 910 - 762••9060
Mr. Greg S tier r 910-791-80-915 -
�a D e c emh r 1 , 2 012 Signature
,gpplt &W16nt. W* *NPI CW Bit far IS months I un *rftnd that any bated or OMMMea appointee �!' # fd»�d
wl�aW cause by a MuJa � ly of COUOty COMWsWon
P'leaae use r verse We for eddlilaal coma is
Board of Commissioners Meeting
01/22/2013
23 -2 -3
4
New Hanover County 2 Government Center Drive
Board of Commissioners COMMITTEE APPLICATION suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Board /Committee: � lr' �! Q�
Name: �/Ltl� r� � / [, �� ✓���t� — l� Q.s�'t -c f� I uw�.b et
Home z Address: '�L�� /'D�$L w�ESS VV� ; J� /r..�C�� t7 T
(Street) (City) / (Zip Code)
Mailing Address if different:
E-Mail Address:
Home Phone: 9 I - Fax:
Cell: 36 4' $`f� Business: SR g
Years Living in
New Hanauer County
Male: Female: Race: A g e:
(information for the purpose of assuring a cross ection #the community)
Employer:
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, In accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Occu ation: o lJ� s n-) A �- t A
r
Professional Activities:
Volunteer Activities:
At
Why do you wish to serve on this board /committee? am Ail L' • �3 '
4 a a c 9 k` f `Ai 74Q _ pot
Conflict of Interest. if a board member believes he / she has a confffct or 4 otential con ct of inter t on a particular ue, that member should state this belle a other
members of his /her respective board during a public meeting. The member should state the natur of the conflict, de !ling that he/she has a separate, private v 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? e __oc
CI r v c�, A-re
V z Ao)
Qualifications for serving: l'IL J(' v "'� - CAP.
Lint/ft q V/�S
Other municipal or county boards /committees on which you are serving:
llvmp
List three local versonal references and phone numbers:
1.
2. �
3.�
Date:
ations are kept on Rte for 18 months
Board of Commissioners Meeting
01/22/2013
23 -2 -4
x-62 G'Z8
TOAI