HomeMy WebLinkAboutAgenda 2013 10-21 New Hanover County,
North Carolina
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October 21, 2013
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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
"N 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
r
4 CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD
OCTOBER 21, 2013 10:00 A.M.
MEETING CALLED TO ORDER(Chairman Woody White)
MOMENT OF SILENCE(Chairman Woody White)
PLEDGE OF ALLEGIANCE(Vice-Chair Beth Dawson)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Consideration of Wilmington Civitan Club Seventy-Fifth Anniversary
Proclamation
3. Adoption of Food Day Proclamation
4. Adoption of Adoption Awareness Month Proclamation
5. Adoption of State Road Resolution
6. Adoption of a Resolution to Declare Radios Surplus Property and Approve
Donation to New Hanover County Schools
7. Adoption of a Resolution Authorizing Entering Into Agreement to Extend
UNCW Police Territorial Jurisdiction
8. Appointment of L. C. "Johnny" Johnson, III to the CoastalCare Area Board
as the Representative from the Local Consumer and Family Advocacy
Committee to a Three-Year Term Expiring June 30, 2016
9. Approval of August 2013 Amendment to Records Retention and Disposition
Schedule - County Management as Presented by the N.C. Division of Archives
and History
10. Acceptance of Award of a Two-Year Early Literacy Grant from PNC Bank for
$75,000
11. Approval of Six Donations for Accession into the Museum's Permanent
Collection
12. Approval of September 2013 Tax Collection Reports
13. A. Approval of Release and Refund for Tax Parcel R04915-001-016-000
B. Approval of Release and Refund for Tax Parcel R05100-003-043-000
REGULAR AGENDA ITEMS OF BUSINESS
14. Presentation of Services Awards to Retirees and Employees
15. New Hanover County ABC Board Annual Update
16. New Hanover County Zoning Board of Adjustment Annual Update
17. Consideration of a Resolution Supporting NCDOT Efforts to Pursue Safety
Funds For Construction of a Landscaped Median on Market Street Between the
Martin Luther King, Jr. Parkway and Station Road and Between Middle Sound
Loop Road and Mendenhall Drive/Marsh Oaks Drive
Board of Commissioners Meeting
10/21/2013
PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
18. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
19. ADJOURN
Board of Commissioners Meeting
10/21/2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM:
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:
Special Meeting held on October 3,2013
Agenda Review Meeting held on October 3,2013
Regular Meeting held on October 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)
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
1 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Chairman White and Commissioner Wolfe
CONTACT(S): Sheila L. Schult, Clerk to the Board and Nancy Pritchett
SUBJECT:
Consideration of Wilmington Civitan Club Seventy-Fifth Anniversary Proclamation
BRIEF SUMMARY:
The Wilmington Civitan Club is celebrating seventy-five years of service to New Hanover County and its
citizens.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Civitan Club Proclamation 2013
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
2-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
RECOGNIZING THE WILMINGTON CIVITAN CLUB'S
SEVENTY-FIFTH ANNIVERSARY
WHEREAS, the Wilmington Civitan Club was chartered on November 22, 1938 in the downtown Cape Fear
Hotel with fifteen charter members; and
WHEREAS, the Club has always been active in civic affairs, including the Azalea Festival, Brigade Boys Club
and Soap Box Derby in the early days; and
WHEREAS, members continue to serve in support of Special Olympics, the Salvation Army, the Good
Shepherd Center, and other area programs for those with disabilities and needs; and
WHEREAS, since 1953, over $600,000 has been awarded through college scholarships to high school seniors
to assist youth in achieving their educational goals; and
WHEREAS, the Club presents an annual Citizenship Award in recognition of outstanding community service
by local citizens; and
WHEREAS, the Club has been a major financial supporter of the Boys and Girls Home at Lake Waccamaw
including participation in the construction of the first cottage there in 1958; and
WHEREAS, the Wilmington Civitan Club has grown into a multi-faceted organization with continued
dedication and commitment to the citizens of New Hanover County.
NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of Commissioners
recognizes and honors the Wilmington Civitan Club for its outstanding and dedicated service over the past
seventy-five years and thanks all members for their service to New Hanover County and its citizens.
ADOPTED, this the 21st day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
2- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 3
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S):Wanda Coston and Chris O'Keefe,Planning and Inspections Director
SUBJECT:
Adoption of Food Day Proclamation
BRIEF SUMMARY:
Food Day is a nationwide movement and celebration to promote affordable,healthy and sustainable food that
takes place each year on October 24. Food Day addresses issues as varied as hunger, health and nutrition,
agricultural policy, animal welfare and farm worker justice. The ultimate goal of Food Day is to unify and
strengthen the food movement in order to advance our nation's food policies.
Chairman White and the City of Wilmington Council members will participate in Food Day Wilmington on
Thursday, October 24, 2013 at 11:00 a.m.by presenting proclamations recognizing the day as Food Day in
New Hanover County and the City of Wilmington. The main event will be held from 11:00 a.m. to 2:00 p.m.
at the Amphitheater located in front of the Fisher Student Union on the UNCW campus, 601 South College
Road,Wilmington.
A full day of events are planned for the day and are free and open to the public. The day will end with the
screening of the documentary A Place at the Table at 7:00 p.m. at McNeil Hall Auditorium on the
UNCW campus. Event information is attached.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Innovate programs to protect the environment
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
2013 Food Day Proclamation
2013 FD INVITATION
2013 FD MOVIE INVITATION
2013 FD EVENT SCHEDULE
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
10/21/2013
3-0
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
3-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FOOD DAY
PROCLAMATION
WHEREAS, the health and well-being of our citizens is of primary concern for New Hanover
County; and
WHEREAS, promoting safer, healthier diets is a critical factor in improving citizens' overall
health; and
WHEREAS, supporting sustainable family farms and local agriculture benefits the local
economy; and
WHEREAS, obtaining fair pay and safe conditions for food and farm workers is beneficial for
both the producer and consumer so that the food we produce and consume is safe and fair for
all; and
WHEREAS, expanding access to food and reducing hunger is of critical importance to aid
those who live in food deserts.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that October 24, 2013 be recognized as "Food Day" in New Hanover County.
ADOPTED this the 21s' day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
3- 1 - 1
F009 D A-- Y
You are cordially invited to
FOOD DAY WILMINGTON
Thursday, October 24, 2013
11 a.m. — 2 p.m.
UNC Wilmington, Amphitheater
Join the nationwide movement toward more healthy,
affordable, and sustainable food.
Please RSVP to .kcv6867@uncw.e I,u or 1 740) 616-4292
I-et' at Real'
DOWNEAST UNCW.
Board of Commissioners Meeting
10/21/2013
3-2- 1
You are cordially invited to the screening of
Thursday,A PLACE AT THE TABLE
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UNC Wilmington, McNeil Hall Auditorium
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A Place at the Table is a documentary that explores America's current food
system. Despite the fact that our nation has the means and resources to feed
every hungry mouth, it's estimated that one in four American children doesn't get
enough to eat. This film takes us into the lives of three people who wage a daily
struggle against hunger, and speak with various experts about the possibility of
ensuring that every American is well fed.
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Board of Commissioners Meeting
10/21/2013
3-3- 1
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Board of Commissioners Meeting
10/21/2013
3-4- 1
F009 DAY
OCTOBER 24, 2013
Food Day is a nationwide celebration and a movement toward more healthy, affordable, and sustainable food
culminating in a day of action on October 24 every year. Food Day aims to help people `Eat Real', so use today to
start—or celebrate—eating a healthier diet and educating yourself about our food system. Let's use Food Day to
make a meaningful and long-lasting difference in Wilmington!
Amphitheater, UNCW Campus
11:00– 11:30 Welcome Session and Proclamations
Dr. Leslie Hossfeld, Chair and Professor of Sociology -Welcome
Dr. Steve McNamee, Dean of the College of Arts and Sciences –Welcome
Wilmington Council Members, Food Day Wilmington 2013 Proclamation
NH County Commissioner Woody White, NH County Food Day 2013 Proclamation
11:30–2:00 Sustainable Food Fair
Cooking Demonstrations featuring Local Food
Local Food Eating Competition
"I Eat Real!" Photo Booth
Farm Worker Justice Mural
Food Drive– Please bring a non-perishable item!
Raffles and Prizes
Long Leaf Pines Room, UNCW Campus– FUU 1041
9:30 am Ryanna Battiste, GRUB –"The Aftermath of Food"
Food has the power to both harm and heal! Discover how what you eat affects you on every level.
11:30 am Natalie Hyatt, Farmworker Health Program–"Farm Worker Justice in NC"
Screening and discussion of the film, "Harvest of Dignity".
12:30 pm Pat Delair, Hippocrates Health Educator–"Death By Food"
Find out what is really in our food supply and what it is doing to our physical and mental health and
the health of the planet.
2:00 pm Emily Kraft, Food Bank of CENC–"Food Insecurity in Southeastern NC"
A panel discussion on what it means to be hungry in our community. Hear from UNCW students who
took the "Food Stamp Challenge". Could you survive on $4.50 per day?
Dubs Cafe, UNCW Campus–Warwick Center
Lunch Special: A locally sourced dish, prepared by UNCW's talented chefs, will be featured at the Chefs Table.
-ALL YOU CAN EAT for only $7.00 per person-
Tidal Creek Cooperative, 5329 Oleander Dr
4 pm–6 pm `Wine-d'down and celebrate Food Day at Tidal Creek with wine tasting and refreshments.
McNeil Hall Auditorium, UNCW Campus
7 pm–9 pm A screening of the documentary–"A Place at the Table"–Starring Jeff Bridges
Despite the fact that our nation has the means and resources to feed every hungry mouth, it's
estimated that one in four American children doesn't get enough to eat. This film takes us into the
lives of three people who wage a daily struggle against hunger, and speak with various experts
about the possibility of ensuring that every American is well fed.
Board of Commissioners Meeting
10/21/2013
3-4-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 4
DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith,DSS Director and Wanda
Marino, DSS Asssistant Director
CONTACT(S):Wanda Marino
SUBJECT:
Adoption of Adoption Awareness Month Proclamation
BRIEF SUMMARY:
November is Adoption Awareness Month. A proclamation has been submitted for consideration and
approval by the County Commissioners.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Adoption Awareness Proclamation 2013
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
4-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH PROCLAMATION
NOVEMBER 2013
WHEREAS, every child deserves the chance to grow up in a loving, stable family; and adoption is a beautiful
way to build a family; an estimated 52,000 children were adopted nationwide from a public agency in 2012; and
WHEREAS, adoption is the goal for many special needs children in foster care; as of 2010 there are an
estimated 104,000 children nationwide and 2,427 foster children in North Carolina waiting to be adopted; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral
challenges. They are children of all races. Many have been neglected, abandoned, abused and/or exposed to
drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they
need security; and
WHEREAS, many children find permanent homes through adoption by their foster families or relatives,
thereby creating an ongoing need for new foster and adoptive families; forty two children in New Hanover
County found permanence through adoption this past year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
November 2013 be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all
adoptive mothers and fathers for their commitment to children. Furthermore, we encourage our community to
honor the special needs of New Hanover County's children in hopes of securing a permanent, loving family for
each and every child regardless of race, age, gender, health, emotional or behavioral condition or past distress.
ADOPTED this the 21"day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
4- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 5
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 roads and requesting the Board to adopt a resolution in
support of adding the roads to the state system:
Whispering Doe,Fawn Settle and Soaring Spirit Drives located within the Deer Crossing Subdivision(Phase
1, Section 4)in New Hanover County (Division File No. 1196-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
10/21/2013
5-0
a
RECEIVED
3.. .lr _ �
STATE OF NORTH CAROLINA NHC 90cc
DEPARTMENT OF TRANSPORTATION
AT MCCRORY ANTHONY J.TATA
SECRETARY
September 30, 2013
Shelia Schult, Clerk
New Hanover County Board of Commissioners
230 Government Center Drive, it 1
Wilmington, NC 28403
Subject: Addition to i Whispering , Fawn
Settle iriDrives ( iv. File No: 11
Dear Ms. Schult:
This i is i dering adding Whispering t o Spirit riv .
Request for the roadway additions located i r Crossing ( I Section 4)
subdivision in r County to the state system. After the consideration,
if they concur With our recommendation, { fumish this with t county
resolution it road name for our further handling.
If I may be of further assistance, l vi .
Sincerely,
. L
District i r
AWLJdd
Attachments: Copy of -1 Road Petition request fonn and locator map
District Office 300 Division Dr.Wilmington NC 28401(910)251-2655 Fax(910)251.2759
Board of Commissioners Meeting
10/21/2013
5- 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:Whispering Doe, Fawn Settle and Soaring Spirit Drives located within the Deer Crossing
Subdivision (Phase 1, Section 4)in New Hanover County (Division File No. 1196-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 of Highways 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 ofNew 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 21st day of October, 2013.
WITNESS my hand and official seal this the 21st day of October, 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
10/21/2013
5-2- 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 6
DEPARTMENT: Sheriff PRESENTER(S): Lisa Wurtzbacher,Finance Director
CONTACT(S): Rhonda Smith, Chief
SUBJECT:
Adoption of a Resolution to Declare Radios Surplus Property and Approve Donation to New Hanover
County Schools
BRIEF SUMMARY:
The County has forty (40) used Kenwood UHF radios that are being discontinued by the Sheriffs Office due
to the fact that they are two-channel two-way radios. The Sheriff's Office uses a minimum of three channels
and as much as 60 different channels on the 400 MHz radios. These radios are over ten (10) years old with
an estimated value of$2,000 if sold at auction.
Mr. Dave Spencer, Director of Safety/Hearing Board Office, New Hanover County Schools, has informed
staff at the Sheriffs Office that they would like to acquire these radios to assist in the safety of students and
staff. The radios would be assigned to schools which have indicated a need for additional radios either
through requests or as a result of recommendations of the Vulnerability Assessment that was recently
completed by the school system.
North Carolina General Statute 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 at least five (5)days prior to the adoption of the resolution.
A public notice was advertised in Star News on Friday, October 11, 2013 detailing the County's intent to
donate the radios to New Hanover County Schools as required by law.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution to declare radios surplus property and approve donation of property to New Hanover
County Schools.
ATTACHMENTS:
Resolution
Public Notice
Board of Commissioners Meeting
10/21/2013
6-0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
6-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
DONATION OF RADIOS TO NHC SCHOOLS
WHEREAS, a request has been made from New Hanover County Schools for the donation of radios from the
County to be used to enhance the safety of students and staff, 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, a public notice has been advertised as required prior to the adoption of this resolution approving the
donation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County:
1. That the radios are declared surplus property.
2. That the donation of the radios to New Hanover County Schools is approved.
3. That County staff is directed to process any required documents to complete the transaction.
ADOPTED this the 21st day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
6- 1 - 1
PUBLIC NOTICE
At their meeting scheduled for Monday, October 21, 2013 at 10:00 AM, New Hanover County Board of
Commissioners will consider a resolution to declare Kenwood radios surplus property and approval for them to
be donated to New Hanover County Schools. The radios have an estimated value of$2,000. This meeting will
be held at the New Hanover County Historic Courthouse located at 24 N. Third St., Wilmington, NC 28402.
Published: Friday, October 11, 2013
Board of Commissioners Meeting
10/21/2013
6-2- 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 7
DEPARTMENT: County Attorney PRESENTER(S): Ed McMahon, Sheriff
CONTACT(S): Kemp Burpeau, Deputy County Attorney and Sheriff McMahon
SUBJECT:
Adoption of a Resolution Authorizing Entering Into Agreement to Extend UNCW Police Territorial
Jurisdiction
BRIEF SUMMARY:
UNCW has requested that the County enter into interlocal agreements with campus law enforcement,
authorizing university police to have law enforcement powers off campus. The areas of expanded
jurisdiction will include locations such as the Courthouse, Jail, Juvenile Detention Center, Government
Center, and Magistrates Office. Campus police will coordinate their activities in the expanded areas with the
Sheriff. The agreement does not replace any existing Mutual Aid Agreements. The Sheriff supports the
UNCW request. This is a renewal of an Interlocal Agreement originally approved on August 17, 2009.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
Resolution
NHC Contract 14-0091
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
7-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AUTHORIZING ENTERING INTO AGREEMENTS TO EXTEND UNCW
POLICE TERRITORIAL JURISDICTION
WHEREAS,pursuant to North Carolina General Statute 116-40.5,the UNCW Board of Trustees has established a
Campus Law Enforcement Agency and employs campus police officers; and
WHEREAS,pursuant to North Carolina General Statute 116-40.5(a), the Campus Law Enforcement Agency has
territorial jurisdiction for property owned or leased by the University and that portion of any public road or highway
passing through such property, wherever located and immediately adjoining it; and
WHEREAS, pursuant to North Carolina General Statutes 116-40.5(b) and(c)the UNCW Board of Trustees may
enter into agreements with the governing boards of municipalities and counties to extend the law enforcement
authority of campus police officers into all or any part of a respective municipality or county juri sdiction beyond the
property owned or leased by the university and that portion of any public road or highway passing through such
property and immediately adjoining it; and
WHEREAS, the UNCW Board of Trustees has determined that a limited extension of jurisdiction in certain
circumstances may be necessary for the effective law enforcement for the protection of the campus and its students,
faculty, staff and visitors; and
WHEREAS,the Board of County Commissioners and Sheriff of New Hanover County are agreeable to such limited
UNCW law enforcement extensions of jurisdiction pursuant to the terms and conditions of an interlocal agreement.
NOW,THEREFORE,BE IT RESOLVED,that the Chairman of the Board of County Commissioners is hereby
authorized to enter into an interlocal agreement with the University of North Carolina at Wilmington to extend law
enforcement jurisdiction of campus police officers when on duty into certain areas of New Hanover County, and to
determine the circumstances in which an extension and exercise of authority may occur pursuant to such interlocal
agreement.
ADOPTED this the 21st day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
7- 1 - 1
NEW HANOVER COUNTY CONTRACT#14-0091
JOINT AGREEMENT TO EXTEND LAW ENFORCEMENT JURISDICTION OF
THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON
This Agreement entered this_day of 2013, by and between the County of New Hanover, hereinafter
referred to as "County," and the University of North Carolina at Wilmington, a constituent institution of the University of
North Carolina and an agency of the State of North Carolina, hereinafter referred to as "University."
WHEREAS,the University has established a campus law enforcement agency pursuant to North Carolina General Statute
§116-40.5(a)which gives university police officers all the powers of law enforcement officers generally and territorial
jurisdiction over all property owned or leased by the University and that portion of any public road or highway passing
through such property and immediately adjoining it, wherever located;
WHEREAS,there is a close working relationship between the County and the University with respect to the function of
law enforcement,which both parties desire to maintain;
WHEREAS,the University and County recognize the need of the Campus Law Enforcement Agency to have a limited
extension of its law enforcement authority beyond the territorial boundaries of the campus and those boundaries
established by N.C.G.S. §116-40.5(a) and to determine the circumstances in which an extension of authority may be
granted;
WHEREAS, under North Carolina General Statute §116-40.5(c),the University's Board of Trustees desires to enter into
an agreement with the governing board of New Hanover County to extend the law enforcement authority of campus
police officers beyond property owned or leased by the University and that portion of any public road or highway
passing through such property and immediately adjoining it;
WHEREAS,the Board of Trustees of the University has authorized the Vice Chancellor for Business Affairs on behalf of
the University to enter into a written agreement to extend the jurisdiction of the Campus Law Enforcement Agency
pursuant to N.C.G.S. §116-40.5 (c) into certain portions of New Hanover County and under certain circumstances;
WHEREAS,the Sheriff of New Hanover County has consented to extend the jurisdiction of the Campus Law Enforcement
Agency pursuant to N.C.G.S. §116-40.5(c);
WHEREAS, the governing board of New Hanover County has authorized the Chairman on behalf of New Hanover County
to enter into this joint agreement for such extension of jurisdiction with the University; and
NOW,THEREFORE, in consideration of their mutual interests,the County and the University agree that when the
Campus Law Enforcement Agency's officers are on duty that they shall have all the powers vested in law enforcement
officers by charter, policy, regulation, North Carolina statute or common law within New Hanover County in the
following locations and circumstances.
1.0 Definitions
1.1 "Campus" shall mean all property owned or leased by the University with or adjacent to:
1.1.1 601 S. College Road as generally bounded by Randall Drive, College Acres Drive, Clear Run Drive,
McMillan Avenue, Mallard Drive and Rose Avenue;
1
Board of Commissioners Meeting
10/21/2013
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NEW HANOVER COUNTY CONTRACT#14-0091
1.1.2 630 North MacMillan Avenue, and University-owned real property adjoining it;
1.1.3 803 S. College Road
1.1.4 the Center for Marine Science located at Marvin K. Moss Lane and certain properties located
along Holt Road;
1.1.5 720 and 737 St.James Avenue;
1.1.6 Kenan House and Wise House located at 1705 and 1713 Market Street;
1.1.7 No. 8 North 17th Street
1.1.8 1700 Princess Street
1.1.9 4762 and 4758 College Acres Dr; and
1.1.10 Various leased properties.
1.2 "Campus Law Enforcement Agency" shall mean the UNCW Police Department.
1.3 "Head of Campus Law Enforcement Agency" shall mean the Chief of Police for the UNCW Police
Department.
1.4 "NHSO" refers to the New Hanover County Sheriff's Office.
2.0 Extension of Authority of Campus Law Enforcement Agency beyond University Campus
2.1 The Campus Law Enforcement Agency shall have full law enforcement authority and jurisdiction when
on duty in the following locations:
2.1.1 New Hanover County Courthouse, 316 Princess Street
2.1.2 New Hanover County Jail and Sheriff's Patrol Facility, 3950 Juvenile Center Road, Castle Hayne
2.1.3 Vice and Narcotics Office of the New Hanover County Sheriff's Office, 104 North 4th Street
2.1.4 Detective Division of the New Hanover County Sheriff's Office, 104 North 4th Street
2.1.5 New Hanover Regional Medical Center to include the Behavioral Health Hospital, with
notification to Hospital police
2.1.6 Cape Fear Hospital, with notification to Hospital police
2.1.7 New Hanover Regional Juvenile Detention Center, 3830 Juvenile Center Road, Castle Hayne,
with notification to N.C. Department of Juvenile Justice officer
2.1.8 North Carolina Department of Juvenile Justice and Delinquency Prevention, 138 North 4th Street
2.1.9 New Hanover County Government Center, 230 Government Center Drive
2.1.10 Any Magistrate Office
2.1.11 When traversing between Campus locations and an emergency response promotes public
safety.
2.1.12 Within one thousand (1000)feet of any UNCW owned, controlled, or leased building or facility.
2.2 The Campus Law Enforcement Agency shall have full law enforcement jurisdiction when transporting a
person in custody to or from any place within New Hanover County for that person to attend criminal
court proceedings.
2.3 The Campus Law Enforcement Agency shall have full law enforcement authority and jurisdiction when
on duty within New Hanover County when the Campus Law Enforcement Agency has an arrest warrant
or order for arrest, or has knowledge of an outstanding order for arrest or an arrest warrant, charging an
individual with an offense that was committed on University owned or leased property, provided that
Campus Law Enforcement Agency gives prior notice to the NHSO pursuant to Section 2.6.
2.4 While on duty within the expanded boundaries pursuant to this Agreement, officers of the Campus Law
Enforcement Agency shall have the same jurisdiction, powers, rights, privileges, and immunities as they
normally possess.
2
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10/21/2013
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NEW HANOVER COUNTY CONTRACT#14-0091
2.5 The Head of Campus Law Enforcement Agency, or designee, agrees to immediately notify the NHSO
whenever he has reason to believe that a felony has occurred or is occurring within an area identified in
2.1 above or when they are in hot pursuit of a suspect within an area identified in 2.1 above.
2.6 The Head of Campus Law Enforcement Agency, or designee, shall notify NHSO of the intent to execute
warrants and other legal papers off the Campus of the University and within the area identified in 2.1.
2.7 Nothing contained herein shall be construed as limiting or reducing NHSO's, any other law enforcement
agency or any officer's common law or statutory authority conferred by the North Carolina General
Statutes.
2.8 Nothing contained herein shall be construed as placing additional law enforcement responsibilities upon
Campus Law Enforcement Agency
2.9 Campus Law Enforcement Agency will not conduct routine patrols in area of expanded jurisdiction
2.10 Campus Law Enforcement Agency will normally limit its enforcement activity in the area of expanded
jurisdiction to crimes occurring in the campus officer's presence that threaten the safety of persons or
property
2.11 Campus Law Enforcement Agency will not respond to routine calls for service in area of expanded
jurisdiction
2.12 Campus Law Enforcement Agency will notify NHSO of arrests made by Campus Law Enforcement Agency
in area of expanded jurisdiction for Part I Index Crimes
3.0 Authorization for Law Enforcement Joint Agreements
3.1 On April 24, 2009,the Board of Trustees of the University of North Carolina at Wilmington authorized by
resolution the Vice Chancellor for Business Affairs to enter into an agreement with the County to extend
the law enforcement authority of the Campus Law Enforcement Agency pursuant to N.C.G.S. §116-
40.5(c). See Resolution attached as Exhibit A to this Agreement and incorporated by reference.
3.2 On August 17, 2009,the governing board for New Hanover County authorized the Chairman to enter
into an agreement with the University to extend its law enforcement jurisdiction to designated areas
beyond the Campus pursuant to N.C.G.S. §116-40.5(c). See Resolution attached as Exhibit B to this
Agreement and incorporated by reference.
4.0 Terms
4.1 This Agreement shall be effective at 12:00 a.m. on August26, 2013 and shall continue for a period of five
years, until 11:59 p.m. on August 25, 2018.
4.2 Either party may terminate this Agreement upon written notice to the other party and for any reason.
4.3 This Agreement may be amended only in writing and signed by the parties' authorized representatives.
4.4 It is agreed that the University, its officers, employees, and agents have no employment relationship,
joint venture nor partnership with the County. At all times while operating under the provisions of this
Agreement,the Campus Law Enforcement Agency's employees shall remain university employees under
the direct supervision and control of the University.
4.5 Without waiving sovereign immunity,the University shall remain responsible for the acts and omissions
of its officers, employees and agents with regard to the implementation of this Agreement, subject to
the limits, procedures and provisions of the North Carolina Tort Claims Act, N.C.G.S. §143-291, et seq.
4.6 This Agreement does not supersede or replace any Mutual Aid Agreement that may be in place or
created subsequently between the parties, which is a separate and distinct document and intended for
other purposes.
3
Board of Commissioners Meeting
10/21/2013
7-2-3
NEW HANOVER COUNTY CONTRACT#14-0091
IN WITNESS WHEREOF,the parties have executed this Agreement on the first date written above.
University of North Carolina Wilmington:
BY: Charles Maimone
Vice Chancellor for Business Affairs
New Hanover County:
Edward J. McMahon Woody White
Sheriff Chairman
New Hanover County
Board of Commissioners
NORTH CAROLINA
NEW HANOVER COUNTY
I, a Notary Public of the State and County aforesaid,
certify that Sheila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New Hanover
County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its
name by its Chairman, Woody White, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of ' 2013.
Notary Public
My commission expires:
4
Board of Commissioners Meeting
10/21/2013
7-2-4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 8
DEPARTMENT: Commissioners PRESENTER(S): Chairman White
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Appointment of L. C. "Johnny" Johnson, 111 to the CoastalCare Area Board as the
Representative from the Local Consumer and Family Advocacy Committee to a Three-Year Term
Expiring June 30,2016
BRIEF SUMMARY:
A vacancy exists on the CoastalCare Area Board for a family member of the local Consumer and Family
Advocacy Committee (CFAC). Foster Norman, CoastalCare Area Director, is forwarding the
recommendation from the CFAC for the appointment of Mr. Johnson.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint Mr. Johnson to the CoastalCare Area Board.
ATTACHMENTS:
CoastalCare Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
8-0
4p
f {
S
COMMITTEE APPOINTMENT
COASTALCARE AREA BOARD
1VACANCY
Category: Consumer and Family Advocacy Committee ("CFAC")
Term: 3 Years expiring 6/30/16
ELIGIBLE FOR
' REAPPOINTMENT
APPLICANT:
L.C. "Johnny" Johnson, III
I
Attachments: Committee Information Sheets
G.S. 122C-118.1
Application w/ letter from Foster Norman, Area Director
1
Board of Commissioners Meeting
10/21/2013
8- 1 - 1
COASTALCARE AREA BOARD
Number of Members: 11 —21, 4 appointed by New Hanover County Board of Commissioners
Terms: 3 years
Regular Meetings: Fourth Thursday of every month at 4:00 p.m. at the Surf City Welcome
Center, Surf City, NC.
Statute or cause creating Board: NCGS Chapter 122C-118.1
Brief on the functions: CoastalCare is a local government public agency that provides
management and oversight of mental health, intellectual/developmental disabilities, and
substance use services through a provider network for the residents of Brunswick, Carteret, New
Hanover, Onslow, and Pender counties. It is governed by an area board comprised of one
county commissioner from each of the five CoastalCare counties. The Board of Commissioners
from each county appoints the remaining representatives from each county to the area board.
These remaining board members are citizens, which must include representatives of various
constituent and professional groups specified by statutes governing CoastalCare. As the
governing body, the area board exercises the powers and duties conferred by the General
Assembly.
TERM OF OFFICE
CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION
New Hanover County
Beth Dawson County 12/17/12 Undesignated
New Hanover County Commissioner
230 Government Center Drive
Suite 175
Wilmington, NC 28403
798-7260 (NHC Office)
Lee Andrew Jackson, Jr., Ph.D Psychology First 6/4/12 6/30/14
UNCW Psychology Department Professional
601 S. College Road
Wilmington, NC 28403
962-3376 (W) 791-2946 (H)
Avril Pinder, Assistant County Manager Financial SEMH 11/17/2009
New Hanover County Expertise First 6/4/12 6/30/15
230 Government Center Dr., Suite 165
Wilmington, NC 28403
798-7188 (W) 358-1026 (C)
Vacancy Consumer and 6/30/13
Frederick Blankenhorn resigned 6/13 Family Advocate
Committee
(CFAC)
Board of Commissioners Meeting
10/21/2013
8- 1 -2
COASTALCARE AREA BOARD (CONT.)
TERM OF OFFICE
CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION
Brunswick County
J. Phillip Norris County First 6/12 Undesignated
1424 Ash-Little River Road Commissioner
Ash, NC 28420
910-287-5900 (W)910-471-9638 (C)
B. Joseph Causey, Jr. First 6/12 6/30/15
P. O. Box 189
Shallotte, NC 28459
910-232-7222(C) 910-755-6414(W)
Richard Nubel First 6/12 6/30/14
231 E. Bay Street
Southport, NC 28461
910-619-7207 (C) 910-457-4992 (H)
Dr. George Saunders First 6/12 6/30/13
108 NE Middleton Avenue
Oak Island, NC 28465
910-933-4142 (H) 910-499-0181 (W)
Carteret County
Jimmy Farrington County First 6/12 Undesignated
P. O. Box 4102 Commissioner
Emerald Isle, NC 28594
252-723-0002 (C)
Sandy Brock First 6/12 6/30/15
111 Chelsea Circle
Beaufort, NC 28516
252-728-2318 (H)
Dorothy Childress, Chair
202 Mulligan Drive
Peletier, NC 28584
252-393-2785 (H) 252-269-0530 (Cell)
Lea Wolf First 6/12 6/30/13
308 Steamship Lane
Newport, NC 28570
252-728-1542 (H) 252-808-6591 (W)
Onslow County
Jack Bright County First 6/12 Undesignated
149 Riggs Road Commissioner
Hubert, NC 28539
4024 Richlands Highway
Jacksonville, NC 28540
910-347-4717 (W)
# Revised: 10/7/2013
Board of Commissioners Meeting
10/21/2013
8- 1 -3
S
COASTALCARE AREA BOARD (CONT.)
TERM OF OFFICE
CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION
Sylvia Horne First 6/12 6/30/13
560 Cedar Fork Road
Beulaville, NC 28518
910-324-4549 (H)
Lindsey Russell First 6/12 6/30/14
110 Greenford Place
Jacksonville, NC 28540
910-455-5657 (H) 910-467-6881 (C)
Brock Ridge First 6/12 6/30/15
P.O. Box 113
Richlands, NC 28574
910-324-4395 (H)910-330-3403 (C)
Pender County
Vacancy County Undesignated
Commissioner
Don Hall First 6/12 6/30/14
4615 Highway 133
Rocky Point, NC 28457
PO Box 12282
Wilmington, NC 28405
910-200-2217 (C) 910-675-8984(H)
Janice M. Nichols First 6/12 6/30/15
Cape Fear Elementary School
1882 NC Highway 133
Rocky Point, NC 28457
910-602-3767 (W)910-602-3922 (H)
Susan S. Robbins First 6/12 6/30/13
200 Raccoon Road
Willard, NC 28478
910-285-5426 (H) 910-604-1612 (C)
CoastalCare Area Director: 6.12
Foster Norman File: /CoastalCare
3809 Shipyard Boulevard
Wilmington, NC 28403
910-550-2555 (W)910-358-1808 (C)
Glenda Potter, Clerk to Board 550-2556
Revised: 10/7/2013
Board of Commissioners Meeting
10/21/2013
8- 1 -4
§ 122C-118.1. Structure of area board.
(a) An area board shall have no fewer than 11 and no more than 21 voting members.
The board of county commissioners, or the boards of county commissioners within the area,
shall appoint members consistent with the requirements provided in subsection (b) of this
section. The process for appointing members shall ensure participation from each of the
constituent counties of a multicounty area authority. If the board or boards fail to comply with
the requirements of subsection (b)of this section, the Secretary shall appoint the unrepresented
category. The boards of county commissioners within a multicounty area with a catchment
population of at least 1,250,000 shall have the option to appoint members of the area board in a
manner or with a composition other than as required by this section by each county
unanimously adopting a resolution to that effect and receiving written approval from the
Secretary by January 1, 2013. A member of the board may be removed with or without cause
by the initial appointing authority. The area board may declare vacant the office of an
appointed member who does not attend three consecutive scheduled meetings without
justifiable excuse. The chair of the area board shall notify the appropriate appointing authority
of any vacancy. Vacancies on the board shall be filled by the initial appointing authority before
the end of the term of the vacated seat or within 90 days of the vacancy, whichever occurs first,
and the appointments shall be for the remainder of the unexpired term.
(b) Within the maximum membership provided in subsection (a) of this section, the
membership of the area board shall reside within the catchment area and be composed as
follows:
(1) At least one member who is a current county commissioner.
(2) The chair of the local Consumer and Family Advisory Committee (CFAC)
or the chair's designee.
(3) At least one family member of the local CFAC, as recommended by the
local CFAC, representing the interests of the following:
a. Individuals with mental illness.
b. Individuals in recovery from addiction.
C. Individuals with intellectual or other developmental disabilities.
(4) At least one openly declared consumer member of the local CFAC, as
recommended by the local CFAC, representing the interests of the
following:
a. Individuals with mental illness.
b. Individuals with intellectual or other developmental disabilities.
C. Individuals in recovery from addiction.
(5) An individual with health care expertise and experience in the fields of
mental health, intellectual or other developmental disabilities, or substance
abuse services.
(6) An individual with health care administration expertise consistent with the
scale and nature of the managed care organization.
(7) An individual with financial expertise consistent with the scale and nature of
the managed care organization.
(8) An individual with insurance expertise consistent with the scale and nature
of the managed care organization.
(9) An individual with social services expertise and experience in the fields of
mental health, intellectual or other developmental disabilities, or substance
abuse services.
(10) An attorney with health care expertise.
G.S. 122C-118.1 Page 1
Board of Commissioners Meeting
10/21/2013
x 8- 1 -5
(11) A member who represents the general public and who is not employed by or
affiliated with the Department of Health and Human Services, as appointed
by the Secretary.
(12) The President of the LME/MCO Provider Council or the President's
designee to serve as a nonvoting member who shall participate only in Board
activities that are open to the public.
(13) An administrator of a hospital providing mental health, developmental
disabilities, and substance abuse emergency services to serve as a nonvoting
member who shall participate only in Board activities that are open to the
public.
Except as provided in subdivisions (12) and (13) of this subsection, an individual that
contracts with a local management entity (LME) for the delivery of mental health,
developmental disabilities, and substance abuse services may not serve on the board of the
LME for the period during which the contract for services is in effect. No person registered as a
lobbyist under Chapter 120C of the General Statutes shall be appointed to or serve on an area
authority board. Of the members described in subdivisions (2) through (4) of this subsection,
the boards of county commissioners shall ensure there is at least one member representing the
interest of each of the following: (i) individuals with mental illness, (ii) individuals with
intellectual or other developmental disabilities, and (iii) individuals in recovery from addiction.
(c) The board of county commissioners may elect to appoint a member of the area
authority board to fill concurrently no more than two categories of membership if the member
has the qualifications or attributes of the two categories of membership.
(d) Any member of an area board who is a county commissioner serves on the board in
an ex officio capacity at the pleasure of the initial appointing authority, for a term not to exceed
the earlier of three years or the member's service as a county commissioner. Any member of an
area board who is a county manager serves on the board at the pleasure of the initial appointing
authority, for a term not to exceed the earlier of three years or the duration of the member's
employment as a county manager. The terms of members on the area board shall be for three
years, except that upon the initial formation of an area board in compliance with subsection (a)
of this section, one-third shall be appointed for one year, one-third for two years, and all
remaining members for three years. Members shall not be appointed for more than three
consecutive terms.
(e) Upon request, the board shall provide information pertaining to the membership of
the board that is a public record under Chapter 132 of the General Statutes. (2001-437, s.
1.11(b); 2002-159, s. 40(a); 2006-142, s. 4(e); 2007-504, s. 1.4; 2010-31, s. 10.7; 2012-151, s.
3(a).)
Board of Commissioners Meeting
10/21/2013
# 8- 1 -6
CoastalCare
318CMU r 410 office mitnington office Morehead City Olfice
165 Center street 3809 Shipyard Blvd. 3820 B Bridges Street
]adwnvilie,NC 28546 Wlimkrgbon,NC 28403 Moreilesd Qty,NC 28557
(910)459.4815 (910)550-2600 (252)648-3100
September 30,2013
l( OAT 2 '; I
Mr.Chris Couddet
New Hanover County Manager NEw Hr.�IC) cc):
g 'S UFF=lC�
230 Government Center Drive MANl,G[k
Wilmington,North Carolina 28403
Dear Chris,
As you know, N.C. G.S. 122c-118.1 identifies the required members of the Area Board. One of
those requirements, 122c-11&1 (b) (3), Is at least one family member of the local CFAC, as
recommended by the local CFAC, representing the interests of individuals with mental Illness,
or individuals In recovery from addiction, or Individuals with intellectual or other
developmental disabilities.
The CoastalCare CFAC has Informed me that they are recommending Mr.Johnny Johnson as the
family member representative of the local CFAC. Mr. Johnson Is a resident of New Hanover
County; therefore, would be a New Hanover County appointment. You currently have one
vacancy, as the term for Mr. Fred Blankenhorn ended on June 30, 2013. 1 recommend the
appointment of Mr.Johnny Johnson and have enclosed his biography.
If you need any other Information please let me know.
Warm regards,
.144& Y#10,#W
Foster Norman
Area Director
FN/gp
Enclosure
Access to Care � Customer Services
Board of Commissioners Meeting
10/21/2013
8- 1 -7
i
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS f"
230 Government Center Drive,Suite 175
Wilmington,NC 28403 COMMITTEE APPLICATION , -
Telephone(910)798-7149
FAX(910) 798-7145
Board/Committee: CoastalCare Area Board
Name: L.C. "Johnny" Johnson, III E-Mail:.h g3i spec@ya oo.com
Home
Address: 2053 Albert Circle Wilmington, NC 28403
(Street) y (Zip Code)
Mailing Address if different.
(City) (Zip Code)
Home Phone: "� Fax: Cell: 910-352-8855 Business:
Years living in
New Hanover County: 27 Male: ✓ Female: Race: _ Age- 68
(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. lw)
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 Vl,Sec.4 of the New Hanover County Personnel Policy Furthermore,applicant should have no immediate family member employed by such agency or
department.
Occupation: W�f1m(T)
Professional Activities:
Volunteer Activities
��,
Why do you wish to serve on this board/committee?
Conflict of Interest: 9 a board member believes he/she has a nflict or potential conflict of inter st on a particular issue,that member should state this belief to the other
members of his/her respective board during a public meeting. T e 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 himselfiherself from voting on the matter
What areas of concern would you like to see addressed by this committee?
,atz,
Qualifications for serving:
Other municipal or county boards/committees on which you are serving: /C =
RECEIVED
List three local personal references and phone numbers:
9 �^ OCT -7 2013
PA
2.
3. �/ 2 2
October 7, 2013
Date: Signature
Applications are kept on file for 18 months I understand that any board o4=5 i e p intee may be removed
without cause by a majority of Cou mmissioners.
Please use reverse side for additional comments
Board of Commissioners Meeting
10/21/2013
8- 1 -8
L.C. "Johnny"Johnson III
Obtained a Bachelor of Science degree in Industrial Engineering from Virginia Polytechnic
Institute(VPI).Also completed the Duke Non-Profit Management Certificate Program.I have an
extensive background in budgeting, business planning, cost reporting/analysis,operations
management/supervisory experience,fundraising and an understanding of business practices and
fundamentals.
My most recent work career prior to retirement included the following positions: Founding
Director of First in Families(FiF)of SE NC—a non-profit providing assistance to indhiduals with
developmental disabilities-2000 to 2011; Administration/Operations Manager of Polymer Recycle
and RDC Services- 1989 to 2001; Director of Financial Planning/Control for the Brunswick
Nuclear Plant Carolina Power&Light- 1976 to 1989.
A Christmas gift of a poster from my daughter,best explains my community involvement. The
poster stated—"If you want to be happy for an hour—watch a TV show. If you want to be happy for
a week—take the family to Disney.If you want to be happy for a lifetime—go out and help
someone."
Some of my past volunteer and community service projects include: St.John's Museum of Art—
Treasurer; Community Living Wilmington; Cape Fear Volunteer Center;Advisor-Cape Fear
Power Club—Self Advocacy Group for adults with developmental disabilities;Junior League of
Wilmington—Advisory Board; United Way Community Investment Team;New Hanover&
Brunswick County Emergency Food& Shelter Program Board Member; CARE(Coastal Aids
Resource Effort)founding member and Creative Wilmington Board Member. In 20011 received
the NHC Human Relations Commission "Man ofthe Year"Award and in 2008 received UNCW's
3rd Annual "Clarence Award"for community service.
My fundraising efforts have benefited many groups,both inside and outside our community. A few
are as follows: St.John's Museum of Art-Capital Campaign;Planned/Funded numerous social
events for the local adult population with developmental disabilities; Produced two major AIDS
benefits to fund CARE-- "An Evening with Bill Strickland&Friends" and "An Evening on
Broadway"; Produced "Mannekin" -a Bryan Putnam original musical concerning the homeless
which funded the Good Shepherd House, "Celebration of Voices" -operatic benefit for WHQR and
"A Musical Wish"to fund the Make A Wish Foundation; Produced 10 annual "Caring Hearts
Auctions"to fund the Heifer Project,Christmas for Local Kids Infected/Affected by HIV/AIDS and
FiF of SE NC.While directing FiF I raised approximately$2.25 million in cash and in-kind
contributions for local families.
My current community leadership involvement includes: Consumer and Family Advisory
Committee(CFAC)Treasurer; NHC Arboretum's Ability Garden—Advisory Board; UNCW's
Osher Lifelong Learning Institute(OLLI) — focusing on lifelong learning opportunities for adults
aged 50 and older; and the newest board member of the disAbility Resource Center.
Even with all of my volunteer and community involvement I continue to place top priority in being
involved with my family and take pride in being the best grandfather,father,father-in-law and
friend I can possibly be.
Board of Commissioners Meeting
10/21/2013
8- 1 -9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21,2013
CONSENT
ITEM: 9
DEPARTMENT: PRESENTER(S): Sheila L. Schult,Clerk to the Board
CONTACT(S): Sheila L. Schult,Clerk to the Board
SUBJECT:
Approval of August 2013 Amendment to Records Retention and Disposition Schedule - County
Management as Presented by the N.C.Division of Archives and History
BRIEF SUMMARY:
In August 2013, the N.C. Division of Archives and History issued amendments to the 2013 Records
Retention and Disposition Schedule-County Management as follows:
1 Changes retention period for Escheat and Unclaimed Property reports filed after July 2012.
1 Clarifies language for retention period of employee eligibility records to match U.S. Code.
By State Statutes the amendment to the schedule must be approved by the Board of Commissioners before
distributing to departments for retention and disposal of records. North Carolina record and retention
schedules can be viewed on the North Carolina Department of Cultural Resources website -
www.NCDCRgov.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the August 2013 Amendment to Records Retention and Disposition Schedule - County
Management as presented by the N.C.Division of Archives and History.
ATTACHMENTS:
Approval Sheet for August 2013 Amendment to Records Retention and Disposition Schedule - County
Management
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
9-0
t County Management
Records Retention Schedule Amendment
Amending the County Management Records Retention and Disposition Schedule published April 15, 2013,
STANDARD 4.BUDGET, FISCAL AND PAYROLL RECORDS
Amending Item 32 Escheat and Unclaimed Property File as shown on substitute page 25,
STANDARD 11.PERSONNEL RECORDS
Amending Item 19 Employee Eligibility Records as shown on substitute page 76,
APPROVAL RECOMMENDED
defdministra&e 6ff icer/ Sarah E, Koonts, Director
County Manager Division of Archives and Records
APPROVED
Chairman, Bd.County Commissioners Susan W.Kluttz,Secretary
Department of Cultural Resources
NC Division of Archives and Records- Amendment:
August 28,2013 New•Hanover County
Approved by New Hanover County: County/Region
October , 2013
Board of Commissioners Meeting
10/21/2013
9- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 10
DEPARTMENT: Library PRESENTER(S): Harry Tuchmayer, Library Director
CONTACT(S): HarryTuchmayer, Library Director
SUBJECT:
Acceptance of Award of a Two-Year Early Literacy Grant from PNC Bank for$75,000
BRIEF SUMMARY:
The PNC Financial Literacy Grant ($75,000 over two years) will allow the library to provide materials and
programs to enhance financial literacy skills for educators and families with young children (ages 3-5). The
first installment of the grant is $36,200 and no local match is required, and no new positions are necessary.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the grant and adopt the ordinance for budget amendment 14-021.
ATTACHMENTS:
Budget Amendment 14-021
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
10-0
AGENDA: October 21,2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14- 021
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 14-021 be made to the annual budget ordinance for the fiscal year
ending June 30,2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Support programs to improve educational performance
Provide health/wellness education,programs, and services
Fund: General Fund
Department: Library
Expenditure: Decrease Increase
Library $36,200
Total $0 $36,200
Revenue: Decrease Increase
PNC Foundation Grant $36,200
Total $0 $36,200
Section 2: Explanation
The PNC Foundation has awarded the Library a two year grant in the amount of$75,000. The grant will
be used to educate and offer experiences to enhance financial literacy skills of families with children ages
3-5 in New Hanover County. This budget amendment will increase the FY14 budget for the first year of
the program. No County match is required for 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 14-021, amending the annual budget
ordinance for the fiscal year ending June 30,2014,is adopted.
Adopted,this 21st day of October,2013.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schuh, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
10- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 1 1
DEPARTMENT: PRESENTER(S): Ruth A. Haas,Museum Director
CONTACT(S): Ruth A. Haas
SUBJECT:
Approval of Six Donations for Accession into the Museum's Permanent Collection
BRIEF SUMMARY:
The Museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear
region. Submitted for approval are six donations to be added to the Museum's permanent
collection. Donations are carefully documented. The Curator reviews each item's provenance, condition,
relevance to the collection,potential for exhibition, and room required for storage. A report on each object is
reviewed carefully by the Director and Collection's Committee. The objects presented have passed this
scrutiny and were approved by the Museum Advisory Board meeting on September 18, 2013.
Each item offered has a special story to preserve.From an early 1900s lumbering tool used in Pender
County, to everyday household items from 1950s Wilmington,the objects document 300 years of the
region's stories.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Move to accept six donations of regional artifacts into the Cape Fear Museum Permanent Collection.
ATTACHMENTS:
Accession Chart
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
11 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 12
DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell
SUBJECT:
Approval of September 2013 Tax Collection Reports
BRIEF SUMMARY:
Tax collection reports for the month of September 2013 are submitted for approval.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the reports.
ATTACHMENTS:
September 2013 Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
12-0
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10/21/2013
12- 1 - 1
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Board of Commissioners Meeting
10/21/2013
12- 1 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
CONSENT
ITEM: 13
DEPARTMENT: PRESENTER(S): Roger Kelley,Tax Administrator
CONTACT(S): Roger Kelley
SUBJECT:
A.Approval of Release and Refund for Tax Parcel R04915-001-016-000
B.Approval of Release and Refund for Tax Parcel R05100-003-043-000
BRIEF SUMMARY:
A. The property consists of two parcels. The restaurant was being taxed on R04915-001-015-000 and also
on R04915-001-016-000 for more than seven years. Adjustment made for current year and previous five
years under G.S. 105-381(a)(1).
B. The dwelling was valued as a 1 1/2 living area, but upper floor isn't finished. This was new construction
for this year. Adjustment made for 2013 under G.S. 105-325 (a)(6).
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve release and refund.
ATTACHMENTS:
A. Release
G.S. 105-381 (a)(1)
B. Release
G. S. 105-325 (a)(6)
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
13-0
Refund of: Owner: Gosa Hospitality tea 07/16/13
R04915-001-016-000 r Market St Wilmington NC
Refund gears Applicable YOor Original Difference
$3,473,400 $0
x 2012 $4,447,100 $3,915,700 ,
x 2011 , ,7 -$453,555
x 2010 $4,154,507 , , -$453,555
x 20019 $4,154,507 , ,
x 2008 $3,061,916 $2,608,361 -$453,555
Notes: v r for 2013. Refund from 2012 back to
Performed By: James Paulk
Date Completed and Delivered.
Delivered To: Jniebauer
Board of Commissioners Meeting
New Hanover 10/21/2013
13- 1 - 1
§ 105-381. Taxpayer's remedies.
(a) Statement of Defense. - Any taxpayer asserting a valid defense to the enforcement
of the collection of a tax assessed upon his property shall proceed as hei;einafter provided..
(1) For the purpose of this subsection, a valid defense shall include the
following:
a.- A tax imposed through clerical error;
b. An illegal tax;
C. A tax levied for an illegal purpose.
(2) If a tax has not been paid, the taxpayer may make a demand for the release
of the tax claim by submitting to the governing body of the taxing unit a
written statement of his defense to payment or enforcement of the tax and a
request for release of the tax at any time prior to payment of the tax.
(3) If a tax has been paid, the taxpayer, at any time within five years after said
tax first became due or within six months from the date of payment of such
tax, whichever is the later date, may make a demand for a refund of the tax
paid by submitting to the governing body of the taxing unit a written
statement of his defense and a request for refund thereof.
(b) Action of Governing Body. - Upon receiving a taxpayer's written statement of
defense and request for release or refund, the governing body of the taxing unit shall within 90
days after receipt of such request determine whether the taxpayer has a valid defense to the tax
imposed or any part thereof and shall either release or refund that portion of the amount that is
determined to be in excess of the correct tax liability or notify the taxpayer in writing that no
release or refund will be made. The governing body may,by resolution, delegate its authority to
determine requests for a release or refund of tax of less than one hundred dollars ($100.00) to
the finance officer, manager, or attorney of the taxing unit. A finance officer, manager, or
attorney to whom this authority is delegated shall monthly report to the governing body the
actions taken by him on requests for release or refund. All actions taken by the governing body
or finance officer, manager, or attorney on requests for release or refund shall be recorded in
the minutes of the governing body. If a release is granted or refund made, the tax collector shall
be credited with the amount released or refunded in his annual settlement.
(c) Suit for Recovery of Property Taxes. -
(1) Request for Release before Payment. - If within 90 days after receiving a
taxpayer's request for release of an unpaid tax claim under (a) above, the
governing body of the taxing unit has failed to grant the release, has notified
the taxpayer that no release will be granted, or has taken no action on the
request, the taxpayer shall pay the tax. He may then within three years from
the date of payment bring a civil action against the taxing unit for the
amount claimed.
(2) Request for Refund. - If within 90 days after receiving a taxpayer's request
for refund under (a) above, the governing body has failed to refund the full
amount requested by the taxpayer, has notified the taxpayer that no refund
will be made, or has taken no action on the request, the taxpayer may bring a
civil action against the taxing unit for the amount claimed. Such action may
be brought at any time within three years from the expiration of the period in
which the governing body is required to act.
(d) Civil Actions. - Civil actions brought pursuant to subsection (c) above shall be
brought in the appropriate division of the general court of justice of the county in which the
taxing unit is located. If, upon the trial, it is determined that the tax or any part of it was illegal
or levied for an illegal purpose, or excessive as the result of a clerical error,judgment shall be
rendered therefor with interest thereon at six percent (6%) per annum, plus costs, and the
Board of Commissioners Meeting
10/21/2013
13-2- 1
Release of: Owner: Christopher & Myra Weare Date: 09/10/13
PID# R05100-003-043-000
Address: 656 Caicos Ct.
JUR: WM
Release Years Applicable Year Orignal Assessed New Assessed Difference
2014 $421,300 $421,300 $0
X 2013 $488,600 $421,300 -$67,300
2012 $0 $0 $0
2011 $0 $0 $0
2010 $0 $0 $0
2009 $0 $0 $0
Notes: Dwelling does not have an upstairs above main living area. 1.0 story
versus 1.5 story.
Performed By: Chris Boney
Date Completed and Delivered: 09/10/13
Delivered To: Rkel ley
Board of Commissioners Meeting
Wilmington 10/21/2013
13-3- 1
§ 105-325. Powers of board of county commissioners to change abstracts and tax records
after board of equalization and review has adjourned.
(a) After the board of equalization and review has finished its work and the changes it
effected or ordered have been entered on the abstracts and tax records as required by G.S.
105-323, the board of county commissioners shall not authorize any changes to be made on the
abstracts and tax records except as follows:
(1) To give effect to decisions of the Property Tax Commission on appeals
taken under G.S. 105-290.
(2) To add to the tax records any valuation certified by the Department of
Revenue for property appraised in the first instance by the Department or to
give effect to corrections made in such appraisals by the Department.
(3) Subject to the provisions of subdivisions (a)(3)a and (a)(3)b, below, to
correct the name of any taxpayer appearing on the abstract or tax records
erroneously; to substitute the name of the person who should have listed
property for the name appearing on the abstract or tax records as having
listed the property; and to correct an erroneous description of any property
appearing on the abstract or talc records.
a. Any correction or substitution made under the provisions of this
subdivision (a)(3) shall have the same force and effect as if the name
of the taxpayer or description of the property had been correctly
listed in the first instance, but the provisions of this subdivision
(a)(3)a shall not be construed as a limitation on the taxation and
penalization of discovered property required by G.S. 105-312.
b. If a correction or substitution under this subdivision (a)(3) will
adversely affect the interests of any taxpayer, he shall be given
written notice thereof and an opportunity to be heard before the
change is entered on the abstract or tax records.
(4) To correct appraisals, assessments, and amounts of taxes appearing
erroneously on the abstracts or tax records as the result of clerical or
mathematical errors. (If the clerical or mathematical error was made by the
taxpayer, his agent, or an officer of the taxpayer and if the correction
demonstrates that the property was listed at a substantial understatement of
value, quantity, or other measurement, the provisions of G.S. 105-312 shall
apply.)
(5) To add to the tax records and abstracts or to correct the tax records and
abstracts to include property discovered under the provisions of G.S.
105-312 or property exempted or excluded from taxation pursuant to G.S.
105-282.1(a)(4).
(6) Subject to the provisions of subdivisions ,(a)(6)a, (a)(6)b, (a)(6)c, and
(a)(6)d, below, to appraise or reappraise property when the assessor reports
to the board that, since adjournment of the board of equalization and review,
facts have come to his attention that render it advisable to raise or lower the
appraisal of some particular property of a given taxpayer in the then current
calendar year.
a The power granted by this subdivision (a)(6) shall not authorize
appraisal or reappraisal because of events or circumstances that have
taken place or arisen since the day as of which property is to be
listed'.
b. No appraisal or reappraisal shall be made under the authority of this
subdivision (a)(6) unless it could have been made by the board of
Board of Commissioners Meeting
10/21/2013
13-4- 1
equalization and review had the same facts been brought to the
attention of that board.
C. :f a reappraisal made under the provisions of this subdivision (a)(6)
demonstrates that the property was listed at a substantial
understatement of value, quantity, or other measurement, the
provisions of G.S. 105-312 shall apply.
d. If an appraisal or reappraisal made under the provisions of this
subdivision (a)(6) will adversely affect the interests of any taxpayer,
he shall be given written notice thereof and an opportunity to be
heard before the appraisal or reappraisal shall become final.
(7) To give effect to decisions of the board of county commissioners on appeals
taken under G.S. 105-322(a).
(b) The board of county commissioners may give the assessor general authority to
make any changes authorized by subsection (a), above, except those permitted under
subdivision(a)(6), above.
(c) Orders of the board of county commissioners and actions of the assessor upon
delegation of authority to him by the board that are made under the provisions of this section
may be appealed to the Property Tax Commission under the provisions of G.S. 105-290. (1939,
c. 310, s. 1108; 1971, c. 806, s. 1; 1973, c. 476, s. 193; 1987, c. 45, s. 1, c. 295, s, 8, c. 680, s. 6;
1989, c. 176, s. 2.)
Board of Commissioners Meeting
10/21/2013
13-4-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
REGULAR
ITEM: 14
DEPARTMENT: PRESENTER(S): County Commissioners and Chris Coudriet,
County Manager
CONTACT(S): Tracy Dawson, Human Resources Specialist
SUBJECT:
Presentation of Services Awards to Retirees and Employees
BRIEF SUMMARY:
Service awards will be presented to retirees and employees.
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:
ATTACHMENTS:
August September October Retirees and Service Awards
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards.
COMMISSIONERS'ACTIONS:
Presented service awards.
Board of Commissioners Meeting
10/21/2013
14-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
REGULAR
ITEM: 15
DEPARTMENT: PRESENTER(S): Cedric Dickerson,New Hanover County ABC
Board Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board,and Dan Sykes,ABC Board Chief Executive Officer
SUBJECT:
New Hanover County ABC Board Annual Update
BRIEF SUMMARY:
The New Hanover County ABC Board will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County ABC Board Information
New Hanover County ABC Board Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS'ACTIONS:
Heard presentation.
Board of Commissioners Meeting
10/21/2013
15-0
NEW HANOVER COUNTY
ABC BOARD
Number of Members: 5 - Chairman designated by County Commissioners
Term of Office: Three years - may be reappointed
Regular meeting: Third Tuesday of every month at 8:30 a.m. at the ABC General Office, 523 S. 17th
Street, Wilmington, NC.
Compensation: $300 per month for Chairman and $250 per month for other members, effective
2/18/2013.
Statute or cause creating Board: N. C. General Statutes 18B-700; increased membership from 3
to 5 members effective 10/1/2010.
Qualifications: Appointed on the basis of appointee's interest in public affairs, good judgment,
knowledge, ability and good moral character.
Brief on the functions: 1) Establish stores and adopt local policies. 2) Set budget including
employees' salaries. 3) Hire general manager to oversee day-to-day operation of the system. 4)
Buy or lease property for the system. 5) Review reports and perform other duties in accordance
with 18B-701. 7) Board is an independent entity of the State.
CURRENT MEMBERS TERM OF OFFICE
APPOINTMENT EXPIRATION
Cedric Dickerson, Chairman First 5/3/10 (eff. 7/1/10) 6/30/12
356 Harlandale Drive Second 6/18/12 6/30/15
Wilmington, NC 28411
686-2764 (H) 617-8389 (C) 395-4064 (W)
Augustus Codington Everett, Jr. First 10/18/10 6/30/13
4001 Providence Court Second 6/17/13 6/30/16
Wilmington, NC 28412
392-6226 (H) 619-7900 (C) 762-6452 (W)
Robert W. Martenis, Vice-Chairman First 10/18/10 6/30/13
9004 St. Stephens Place Second 6/17/13 6/30/16
Wilmington, NC 28412
313-1312 (H) 297-6800 (C)
David I. Matthews First 4/19/10 (eff. 7/1/10) 6/30/11
1523 Landfall Drive Second 6/20/11 6/30/14
Wilmington, NC 28405
256-3271 (H)
Thomas Wolfe First 4/19/10 (eff. 7/1/10) 6/30/13
3739 Reston Court Second 6/17/13 6/30/16
Wilmington, NC 28403
392-0654 (H) 228-8569 (C) 784-9800 (W)
Board of Commissioners Meeting
10/21/2013
15- 1 - 1
NEW HANOVER COUNTY ABC BOARD (Continued)
CURRENT MEMBERS TERM OF OFFICE
APPOINTMENT EXPIRATION
New Hanover County Ex. Officio Members:
Avril Pinder, Assistant County Manager Appointed 4/19/10
Wanda Copley, County Attorney
Dan Sykes, Chief Executive Officer (4/2010)
New Hanover County ABC Board File: /ABC
523 South 17th Street B/C #1 —6.13
Wilmington, NC 28401
910-762-7611
Fax: 343-0491
Revised: 6/19/13
Board of Commissioners Meeting
10/21/2013
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15-2- 11
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
REGULAR
ITEM: 16
DEPARTMENT: PRESENTER(S): Justin Lewis,New Hanover County Zoning Board
of Adjustment Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Chris O'Keefe, Planning & Inspections Department
Director
SUBJECT:
New Hanover County Zoning Board of Adjustment Annual Update
BRIEF SUMMARY:
The New Hanover County Zoning Board of Adjustment 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 Zoning Board of Adjustment Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS'ACTIONS:
Heard presentation.
Board of Commissioners Meeting
10/21/2013
16-0
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus three alternates
Ex-Officio: Planning Director
Term of Office: 3 years
Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Lucie F. Harrell Conference Room at the
Government Center, 230 Government Center Drive, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153-A-345, 266.17. The Commissioners increased
to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance requires members to be appointed from
different areas within the County's zoning jurisdiction.
Brief on Functions: The Board of Adjustment is recognition of human frailty. If it were possible for the
legislative body to write a perfect zoning ordinance which would meet the needs of the community while at the
same time avoiding hardship in individual cases, there would be no need for this board. Because that has been
found near impossible, the Board of Adjustment has been introduced as an integral part of almost every smoothly
operating zoning enforcement mechanism, serving as a "pop-off valve" to relieve pressures resulting from
hardship cases.
In New Hanover County, the duties of the Board fall into two general categories: Interpretation and Granting
Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to that of the courts is
interpretation of the Ordinance. This function involves (a) interpreting the meaning of parts of the Ordinance
which are unclear, (b) applying the Ordinance to particular fact situations, and, if necessary, (c) correcting any
mistakes or abuses of discretion which the zoning official may have made in administering the Ordinance. In
exercising this power, the basic principle for the Board to keep in mind is that it must not vary the Ordinance. Its
function here is to interpret and apply what the governing body has written, not to vary that legislative
pronouncement to fit its own ideas. Its decisions must be in accord with what the Board believes to be the actual
meaning and intent of the Ordinance.
Granting of Variances: General Statute 153A-345(d) provides that, "when practical difficulties or unnecessary
hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment may, in
passing upon appeals, vary or modify any regulation or provision of the Ordinance relating to the use of land, so
that the spirit of the Ordinance is observed, public safety and welfare secured, and substantial justice done."
Basically, a variance is a permit, which the Board may grant in certain situations, enabling a property owner to
make use of his property in someway which is in conflict with the literal provisions of the Ordinance. Sometimes
a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with the yard
requirements and yet erecting a suitable building. Sometimes contours of the terrain are such as to create
hardships in complying with these requirements. Sometimes the lot is located in a cluster of nonconforming
uses which will prevent the owner from securing any reasonable return from his land if he complies with the
Ordinance (as where a lot in a residential district is surrounded by nonconforming business structures). When
the Board grants exemptions from harsh provisions, it is "granting a variance."
Finally, it should be noted that there is a good bit of "law" connected with the duties and responsibilities of the
Zoning Board of Adjustment. This is understandable, however, when one considers the importance of its
decisions which expand or limit property values. These are issues which must not be dealt with casually or
arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by Michael B.
Brough and Philip P. Green, Jr.
Board of Commissioners Meeting
10/21/2013
16- 1 - 1
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
TERM OF OFFICE
CURRENT MEMBERS APPOINTMENT EXPIRATION
Robert F. Cameron, Jr. First 11/19/07 12/1/10
5119 Nicholas Creek Second 11/15/10 12/1/13
Wilmington, NC 28409
313-1961 (H) 762-9635 (W)
Peter M. DeVita First 11/15/10 12/1/13
7108 Key Point Drive
Wilmington, NC 28405
509-3055 (H) 262-2113 (C)
Justin Michael Lewis, Chairman First 11/16/09 12/1/12
3702 Providence Court Second 11/13/12 12/1/15
Wilmington, NC 28412
919-414-8410 (H) 794-4880 (W)
Michael D. McCulley, Jr., Vice-Chairman First 11/21/11 12/1/14
6102 Lydden Road
Wilmington, NC 28409
547-5185 (H) 251-2500 (W) 616-6979 (C)
Chad McEwen First 11/21/11 12/1/14
226 Shore Point Drive
Wilmington, NC 28411
604-2100 (C)
ALTERNATES:
Joe Miller First 11/15/10 12/1/13
Coastal Investing, LLC
8209 Market Street, Unit A 325
Wilmington, NC 28411
538-5639 (C) 796-1022 (W)
John Edwin "Jack" Stanton II Unexpired 3/15/11 12/1/13
708 Carolina Sands Drive
Carolina Beach, NC 28428
458-5853(H) 254-3553(W) 368-7302(C)
Colin J. Tarrant First 11/21/11 12/1/14
7842 Olde Pond Road
Wilmington, NC 28411
919-414-2684 (C)
Staff Support: Kenneth Vafier, Exec. Secretary 11/12
Current Planning &Zoning Supervisor File: /Zoning
NHC Planning and Inspections Department B/C#33
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798-7118
Revised: 10/7/13
Board of Commissioners Meeting
10/21/2013
16- 1 -2
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3
Revised: 10/7/13
Board of Commissioners Meeting
10/21/2013
16- 1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 21, 2013
REGULAR
ITEM: 17
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe,Planning& Inspections Director
CONTACT(S): Chris O'Keefe
SUBJECT:
Consideration of a Resolution Supporting NCDOT Efforts to Pursue Safety Funds For Construction of
a Landscaped Median on Market Street Between the Martin Luther King, Jr. Parkway and Station
Road and Between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive
BRIEF SUMMARY:
The Wilmington Metropolitan Planning Organizations requests New Hanover County to support through
resolution, the construction of a median separating lanes on Market Street between Martin Luther King Jr.
Parkway and Station Road and Between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks
Drive. The median was recommended in the Market Street Corridor Plan. This will also be consistent with
recently proposed median sections between Marsh Oaks and Porters Neck.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Landscaped Median Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
10/21/2013
17-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING NCDOT EFFORTS TO PURSUE SAFETY FUNDS FOR THE CONSTRUCTION OF
A LANDSCAPED MEDIAN ON MARKET STREET BETWEEN THE MARTIN LUTHER KING,JR.PARKWAY
AND STATION ROAD AND BETWEEN MIDDLE SOUND LOOP ROAD AND MENDENHALL DRIVE/MARSH
OAKS DRIVE
WHEREAS,the New Hanover County Board of Commissioners recognizes the need to improve mobility and safety along the
Market Street corridor; and
WHEREAS, New Hanover County, in collaboration with the Wilmington Metropolitan Planning Organization, City of
Wilmington, and North Carolina Department of Transportation has developed the Market Street Corridor Study; and
WHEREAS,the study area for the Market Street Corridor Study was an 11-mile corridor between Colonial Drive in the City of
Wilmington and the New Hanover/Pender County line; and
WHEREAS, the study combines the results of numerous land use and transportation studies into a consistent set of roadway
and land development recommendations to address traffic congestion and safety as well as encourage sustainable development
along Market Street; and
WHEREAS,the vision for the corridor came from a collaborative public process that involved local residents, stakeholders,the
Wilmington Metropolitan Planning Organization, the City of Wilmington, New Hanover County, and the North Carolina
Department of Transportation; and
WHEREAS, the Market Street Corridor Study indicates that this corridor has twice the crash rate of similar facilities in the
State of North Carolina; and
WHEREAS, the construction of access management improvements on Market Street was ranked as a high priority by the
Wilmington Metropolitan Planning Organization in Prioritization 2.0; and
WHEREAS,in accordance with the adopted Market Street Corridor Study,the North Carolina Department of Transportation is
pursuing safety funds to construct a landscaped median on Market Street between the Martin Luther King, Jr. Parkway and
Station Road and between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive.
NOW THEREFORE,BE IT RESOLVED,that the New Hanover County Board of Commissioners hereby supports the North
Carolina Department of Transportation's efforts to pursue safety funds to construct a landscaped median on Market Street
between the Martin Luther King, Jr. Parkway and Station Road and between Middle Sound Loop Road and Mendenhall
Drive/Marsh Oaks Drive.
ADOPTED this the 21st day of October,2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/21/2013
17- 1 - 1