2012-01-23 RM Exhibits Book Book page
-- AGENDA: January 23,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 119
s
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-119 be made to the annual budget ordinance for the fiscal year
} ending June 30,2012.
I
Section 1: Details of Budget Amendment i
i
E Strategic Focus Area: Productive Strategic Partnerships
Strategic Objective(s): Develop appropriate public/private partnerships j
Understand/act on citizen needs
Fund: General Fund I
4 Department:Museum
' Ex enditure: Decrease Increase '
s
Museum:
Contract Services $1,000
i
Total $0 $1,000
Revenue: Decrease Increase
Museum:
Grant-Federal-National Endowment for E
Humanities $1,000
Total $0 H $1,000
'a Section 2: Explanation
To budget$1,000 grant award from the National Endowment for Humanities(NEH)to host"Grass Roots:
African Origins of an American Art"January 28 to March 16,2012.This exhibit will provide an
opportunity to explore the Gullah-Geechee cultural influences found in southeastern North Carolina.
Wilmington is located at the northern end of the Gullah-Geechee Heritage Trail.The$1,000 grant award
will be used to offset the total cost of the exhibit,which is$3,000. The remaining$2,000 is currently in the
Museum's FYI 1-12 budget.Approval to apply for these funds was approved by the Board of County
s
Commissioners at their January 18,2011 meeting.
Section 3: Documentation of Adoption
a
R This ordinance shall be effective upon its adoption.
i
3
s
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-119,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 23rd day of January,2012.
OVNTY.M
0 EA Z
lid
3u, 2 Ted Davis,Jr.,Cha'
Z �
s o,�
Sheila L. Schult,Clerk to the Board
Exhibit
AM
IL January 23,2012 Book-�VMIL Page •6
NEW HANOVER COUNTY BOARD OF COMIIHSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 120
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-120 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Understand/act on citizen needs
Fund:General Fund
Department:Parks,Gardens and Senior Resource Center/Health and Wellness Promotion
Ez enditure: Decrease Increase
Parks,Gardens&SRC/Health&Wellness:
Temporary Salaries $3,780
Social Security Taxes $290
Supplies $1,943
Total 1 $0 $6,013
Revenue: Decrease Increase
Parks,Gardens&SRC/Health&Wellness:
Grant-Local-V.O.C.A.L. $6,013
Total $011 $6,013
Section 2: Explanation
The Volunteer Older Citizens Action League(V.O.C.A.L.)organization donated funds to the Senior
Resource Center for a Horticultural Therapy Project.These funds will pay the temporary,part-time(15
hours/week @$10/hour for 25 weeks and 3 days)salary of the program facilitator;four raised beds;a
compost bin system;tools,seeds and other required supplies for raised beds,which would accommodate
both flowering plants and vegetables. Studies have shown that seniors show tangible health improvements
when gardening/horticulture is included in their daily lives.The grant-funded temporary employee is
subject to termination upon non-renewal of the grant.
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 12-120,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
d,this 23rd day of January,2012.
Go�N 'No
o (S
7YA,
Ted Davis,Jr.,Chairman
ti I
Shei .Schult,Clerk to the Board
l
f
Exhibit
AGENDA: January 23,2012 Book page (C._
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 121
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment 12-121 be made to the annual budget ordinance for the fiscal year ending June 30,
2012.
Section 1: Details of Budget Amendment
f,
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: General Fund
Department:Sheriffs Office/Administration/Support Services/Uniform Patrol
= E 2enditure: Decrease Increase
Sheriffs Office/Administration:
Supplies-Fuel and Other $10,080
Insurance and Bonds $3,300
Sheriffs Office/Support Services:
Temporary Salaries $10,598
Salaries and Wages $31,732
Social Security Taxes $2,427
Retirement-Local Government Employee $2,234
Retirement-401 K $1,587
Medical Insurance Expense $6,049
Long Term Disability Insurance $69
Capital Outlay-Other Improvement $150,000
Radios $15,048
Supplies-Computer and Other $2,400
Sheriffs Office-Uniform Patrol:
Capital Outlay-Motor Vehicle $43,174
Supplies-Auto $7,552
' Uniforms-Purchase $2,500
Total $ $288,750
° Revenue: Decrease Increase
Sheriffs Office/Administration:
Service Fees-Civil Papers $288,750
Total $0 $288,750
Section 2: Explanation
North Carolina state statute authorized an increase in civil process fees effective 8/1/11.The revenue increase of
' $288,750 was calculated based on this increase for I 1 months of FYI 1-12.$150,000 of the increase will cover the
partial cost of moving the Civil Division.The balance of$138,750 will be used to enhance the processing of civil
papers:$54,696 to increase staff hours and$84,054 for operating and capital,including 2 vehicles.At least 50%of
the increased revenue collected shall be used by the County to ensure timely service of process within 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 12-121,amending the annual budget ordinance for the fiscal
year-ending June 30,2012,is adopted.
LOV Y s 23rd day of January,2012.
(SE
O 9 ,
Ted Davis,Jr.,ChairKan
3
yti S 17 Fej:k to the Board
FrTAB(�5litn��ti
Exhibit
Book XXX V Page
AGENDA: January 23,2012
NEW HANOVER COUNTY BOARD OF COMNIISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 123
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-123 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
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: Sheriff's Office/Uniform Patrol
Ex enditure: Decrease Increase
Sheriffs Office/Uniform Patrol:
Capital Outlay-Equipment $6,500
Training and Travel $2,299
Total $0 $8,799
Revenue: Decrease Increase
Sheriffs Office/UniformPatrol:
Contributions-Wilmington Central Rotary Club $6,500
Contributions-Town of Kure Beach $2,299
Total $0 $8,799
Section 2: Explanation
To budget a$6,500 contribution from the Wilmington Central Rotary Club to purchase a K-9 Unit dog.
These funds were presented to Sheriff McMahon during the Board of County Commissioners meeting on
December 19,2011.The other$2,299 contribution is from the Town of Kure Beach that was generated
during the U.S.Police Canine Association Spring Dog Trials.These funds will be used for K-9 training and
other needs for the dogs.
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 12-123,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
ted,this 23rd day of January,2012.
�NTY•
Nil
AGO SE - ) <t�'
o
I o
Ted Davis,Jr.,ChaifiTian
3 Az
B L4St1E�
Sheila L.Schult,Clerk to the Board
3
i
t
Exhibit
AGENDA: January 23,2012 B00k C-Z--X page _
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
' AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 124
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-124 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
d
Section 1: Details of Budget Amendment
9
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
I
t Fund: General Fund a
Department:Emergency Management&911 Communications/Emergency Management
Ex enditure: Decrease Increase
Emergency Management&911
Communications/Emergency Communications/Emergency Management
Supplies $1,500
Total $0 $1,500
x i
Revenue: Decrease Increase
Emergency Management&911
Communications/Emergency Management
Grant-Federal-Department of Crime Control
and Public Safety $1,500
Total $0 $1,500
Section 2: Explanation
i
Emergency Management received a$1,500 grant from the Department of Crime Control and Public i
Safety,Division of Emergency Management for the purpose of exercising New Hanover County's Point of
Distribution(POD)Plan. These funds will be used to cover supplies and preparation expenses required to
i
conduct a functional exercise.No County match is required.
i 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 j
County,North Carolina,that the Ordinance for Budget Amendment 12-124, amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
ted,this 23rd day of January,2012.
GOVNTY.^,O
(SE
o 9 a
Ted Davis,Jr.,Cha'ifrnan
O
r
r
•FAA 5 Ev I
Shei a L. Schult,Clerk to the Board
Exhibit
AGENDA: January 23,2012 gook Lxyy-LJ Page _
NEW HANOVER COUNTY BOARD OF COMMSSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 131
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-131 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Understand/act on citizen needs
Fund: General Fund
Department: Social Services/Child Day Care
Ex enditure: Decrease Increase
Social Services/Child Day Care:
Child Day Care $30,712
Total $0 $30,712
Revenue: Decrease Increase
Social Services/Child Day Care:
Office of Day Care-Federal/State $30,712
Total $0 $30,712
Section 2: Explanation
To adjust the FY11-12 Adopted Budget for actual allocations received.DSS received an additional
$30,712 allocation in State Subsidy Day Care funds for Foster Care children.DSS will be able to add
approximately 10 children from the waitlist to begin receiving services.As of 1/10/12,there were 326
children on the list.No matching County funds are required and no new positions are requested.
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 12-131,amending the annual budget
OV e for the fiscal year ending June 30,2012,is adopted.
G NO
�Adop s 23rd day of January,2012.
O
O 3
Ted Davis,Jr.,Ch
F ` chult,Clerk to the Board
Exhibit
Book XXX1/ Page _
AGENDA: January 23,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 29
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
t that the following Budget Amendment 2012-29 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
t
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
Ex enditure: Decrease Increase
Federal Forfeited Property:
Supplies $22,039
Total $0 $22,039
Revenue: Decrease Increase
Federal Forfeited Property:
Federal Forfeited Property $22,039
a
Total $0 $22,039
Section 2: Explanation
To budget Federal Forfeited Property(DOJ)receipts of 12/15/11.Department of Justice(DOJ)receipts
are for drug seizures and Alcohol,Tobacco and Firearms cases.Federal Forfeited Property funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
4
r
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 2012-29,amending the annual budget s
ordinance for the fiscal year ending June 30,2012,is adopted. G
4
Adopted,this 23rd day of January,2012.
\)NTY.H
Ted Davis,Jr.,Cha an
LISNE��
Sheila L. Schult,Clerk to the Board
f
Exhibit
Book XXX✓Page
AGENDA: January 23,2012
NEW HANOVER COUNTY BOARD OF COMI USSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012- 30
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2012-30 be made to the annual budget ordinance for the fiscal year
ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:Controlled Substance Tax
Department:Sheriffs Office
Ex enditure: Decrease Increase
Controlled Substance Tax:
Supplies $9,948
Total $0 $9,948
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $9,948
Total $0 $9,948
Section 2: Explanation
To budget Controlled Substance Tax receipt of$9,948 on 12/20/11.Controlled Substance Tax is budgeted
as received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 2012-30,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 23rd day of January,2012.
vr1TY.
L O��y
O 9
O Ted Davis,Jr.,Ch
IL
AB�I EO
Shei a L. Schult,C e'S to Ge go—aid
a
Exhlbit
Bookla.VPage.., 1. i
i
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6,1969,AND SUBSEQUENTLY AMENDED
A-398(11/11)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended
be,and the same is hereby further amended to read as follows in the section(s)noted:
ARTICLE XIII LEGAL PROVISIONS
Section 130: Provisions of Ordinance Declared to be Minimum Requirements
The provisions of this Ordinance shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals, or general welfare.
Wherever the requirements of this Ordinance are at variance with the
requirements of any other lawfully adopted regulations, the most restrictive or that
imposing the higher standards, shall govern.
Section 131: Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint stating fully the causes and
basis thereof shall be filed with the Building lnspeete 7 zoning administrator. He
shall record properly such complaint, immediately investigate, and take action
thereon as provided by this Ordinance.
Section 132: Enforcement of Ordinance
This ordinance may be enforced by any one or more of the remedies authorized by G. S.
S153A-123, including but not limited to the following:
132-1: Violation of this ordinance subjects the offender to a civil penalty of one hundred
dollars ($100.00) for a first offense, tlHw two hundred dollars ($300:80 $200) for
a second offense, and €rve three hundred dollars ($300.00 $300) for a third and
subsequent offense to be recovered by the County in a civil action in the nature of
debt if the offender does not pay the penalty to the county Finance Office within
ten (10) fifteen (15) calendar days after the offender has been cited for a violation.
Violation of this ordinance shall result only in civil penalties and/or civil action
set forth herein and shall not entail criminal sanctions. (1/5/98)
132-1.1: Enforcement Procedure
(A)Upon observation or reporting of an alleged violation, the zoning official shall
investigate the case and make a determination as to whether a violation has
A-399 Page 1 of 4
}
occurred in accordance with Section 100-2 of this ordinance. If the zoning
official determines that there is a violation, a notice of violation shall be
issued to the owner ands occupant by certified or registered mail as well as
first class mail to his last known address or by personal service or by posting
notice of the violation conspicuously on the property
(1) That the land, building, sign, structure or use is in violation of this
ordinance;
(2) The nature of the violation, and citation of the section of this ordinance
violated; and
(3) The measures necessary to remedy the violation.
(B)If a land use is commenced without proper zoning authorization the zoning
official shall instruct the owner or occupant in writing to immediately cease
the unauthorized use and apply for appropriate permits or authorizations prior
to resumption of the use.
(C)Any owner and/or occupant who has received a Notice of Violation may
appeal in writing the decision of the zoning official to the Board of
Adjustment in accordance with Section 121-1 of this ordinance. If the Board
of Adiustment shall affirm that the owner and/or occupant is in violation of
the ordinance, it shall make an order in writing to the owner and occupant
affirming the violation and ordering compliance. In the absence of an appeal
the remedies and penalties sought by the zoning official shall be final.
(D) Except in the case of an order to cease a land use, if a violation is corrected
within three (3) days of the date of notice of violation no penalty will be
levied. However, if the same violation recurs within the same year, it will be
considered the second offense and penalties will be levied each day as
outlined in Sec. 132-1.
(E) If there is no approved plan in place for corrective action within three (3) days
of the date of notice of violation, penalties will accrue as described above and
the first day of violation will be the date on the notice of violation. The zoning
official may approve a plan for corrective action with specific benchmarks
and continuous progress when the nature of the violation merits such a plan
The plan shall be binding on the violator and shall be in writing and included
in the case file.
(F) After the violation has been remedied, ilf penalties have accrued to a sum over
$5,000, owners and/or occupants may request consideration of an alternative
equitable settlement of penalties through the office of the County Manager. A
letter of justification and approval shall be included in the case file when
penalties are reduced.
(G)The zoning, official may withhold or deny any permit certificate occupancy,
or other form of authorization on any land building sign structure or use in
which there is an uncorrected violation.
132-2: This ordinance may be enforced by an appropriate equitable remedy issuing from
a court of competent jurisdiction.
A-399 Page 2 of 4
i
t
0
i
132-3: This ordinance may be enforced by injunction, order of abatement, or both, as
provided in G. S. 153A-123(e).
t
} 132-4: Each day's continuing violation of the ordinance is a separate and distinct offense.
Section 133: Approval of the New Hanover County Health Department or Cape Fear
Public Utility Authority
The Building Inspector shall not issue a building permit for any structure which
z requires the New Hanover County Health Department's or the Cape Fear Public
Utility Authority's approval for the installation of a sewage disposal system until
such approval has been granted by the New Hanover County Health Department j
€ or the Cape Fear Public Utility Authority. Evidence of approval shall accompany
the application for a building permit.
r Section 134: Separability Clause
C
Should any section or provision of this Ordinance be declared by the courts to be
unconstitutional or invalid, such decisions shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part so declared to be
unconstitutional or invalid.
b �
Section 135: Awneris-Responsibility
s Any failure to comply with a requirement, prohibition, or limitation imposed by
the provisions of this ordinance, or the terms and conditions of any permit or
other authorization granted pursuant to this ordinance, shall constitute a violation
of this ordinance One or more of the following responsible parties may be held
responsible for a violation of this ordinance and be subject to the remedies and
penalties provided in this Section:
A. A contractor, agent, or any other person who participates in, assists, directs,
creates or maintains a situation that constitutes a violation of this ordinance,
and
B. An owner of the property, on which a violation of this ordinance occurs, and
any tenant or occupant of that property who has control over, or responsibility
for its use or development. However, violations by tenants shall subject the
s owner only to civil penalties and/or civil action set forth in Sections 132-2
{ through 132-5 of this Ordinance and G.S. §153A-123(a), (c), (d), (e), (fl, and
(g) and said owner shall not incur criminal penalties for violations by his
'= tenants. This owner's responsibility provision shall in no way relieve any
tenant from liability for or any violations of this ordinance. (1-03-89)
The .F o �l,�ll t,o ,,r:l,lo and liable F the .,e liens o f his
e �.�:j' t:�.... � shall a _°.,r,.,__sibl_ and liable _v- ---- ------- -- ----
t13e--6wn °ccrge when-sucrr-aefi6nS viAlat@--tlii9
§ erdiiianee. vccci-rrvrrr the Zoning ziixoi-" m..n. ..ffi,.... ...,,.........fi..b ,....,..,.
I
A-399 Page 3 of 4
i
C
give aetual ee-e€the-existenee-of a zonings ielatien.Thereafter-, sAeh vielAtien
by his tenants shall result in owner-.v ne Y ° M ,1 ist the eFdinanee. u
vielations by his tenants shall subjeet the owner-enly te eivil penalties and/or-eiv4
aetio, et fet4h in Seetiens 1 32 2 al...etigt. 132 5 e f this n..a:_ane and G.S.
va u a✓
§153n 123(a) (°) (a) (°) if an (g) and said o .. .hal not ifietif _al
penalties vielatiens J sY° 7 Yav v aoavaz uaaarr
- Ely r-elieve an),tenant fiem liability for-any vielatiens of this or-dinanee. (4-
03 89)
Section 136: Effective Date
This Ordinance shall take effect and be in full force from and after its adoption by
the County Commissioners of the County of New Hanover, North Carolina, this
the 15th day of October, 1969. Subsequent revisions will take effect as adopted.
Adopted the 23'd day of January,2012.
0,0NTY.N
G 1 0 , Ted Davis, Jr.,dairman
O
0
e t:
Sheila L. Schult,Clerk to the Board
A-399 Page 4 of 4