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2009-01-20 RM ExhibitsPage 1 of 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 20, 2009 CONSENT ITEM: DEPARTMENT: Tax CONTACT(S): Roger L. Kelley SUBJECT: Approval of Release of Tax Value BRIEF SUMMARY: PRESENTER(S): Roger L. Kelley Exhibit Book page Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late filing available upon request): Baliko, Bruce C. Teresa M. $ 176,617 Batson, Cora R. 86,496 Chinn, Bettie Y. 65,602 Davis, Willie Jr. 40,077 Deal, Irma S. 144,798 Dinehart, Deborah Ann 81,817 Emmer, Robert 95,245 Formisano, Louise P. 98,306 Gardner, Janet R. 110,785 Gray, Ghristine Kraft 101,468 Harrelson, Mildred 58,427 Hawkins, Roberta R. 80,604 Hicks, Lynda M. 138,142 James, Elijah Etal. 89,310 James, Robert 43,462 Johnson, Lawrence Leisha 90,339 Jones, Marella R. 106,193 Jordan, Madeline N. Life Est. 49,241 Jorgensen, Mabel M. Trust 87,421 Julian, James F. Etal. 125,879 Kelley, Marc S. Etal. 54,309 Lee, Cheryl 35,835 Marshburn, Marvin 92,516 Massenburg, Alfreda 57,864 McCoy, Barbara 232,418 Miller, Bertha Lee Etal. 1,560 http://apps.nhcgov.comlagendaintIBluesheet.aspx?itemid=1328&itempageid=6&meetingid... 1/12/2009 Page 2 of 2 Miller, Vinna L. Living Trust 112,019 Moore, James E. Juanita A. 57,705 Murray, Clarice Adams 91,640 Newton, Beatrice ± 71,106 0 liv0gtte'ZI 70,779 Padfield, Edwin B. 32,803 Rowe, Terry L. Evelyn K. 144,544 Ruffin, Aurelia 67,505 Smith, Donald E. Etal. 88,683 Smith, Hayse H. 74,059 Vance, Linda Barton 89,544 Vlearbone, William 68,446 Waddell, Lola Lee 71,935 Weisbrodt, Genevieve 105,046 Wright, Charles Sr. Frances 70,596 Wyatt, Raymond Eloise H. 79,032 Wynne, Pearl M. 121,212 Yarbrough, Aubrey F. Hrs. 43,128 Young, Lucille S. 99,741 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. http://apps.nhcgov.comlagendaintIBluesheet.aspx?itemid=1328&itempageid=6&meetingid... 1/12/2009 Exhibit Book . „Page 2 2 Q- AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-116 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-116 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging / Medicare Transition Program Ex enditure: Decrease Increase Medicare Transition Program: Temporary Salaries $7 150 Social Security Taxes 547 Postage 500 Supplies 200 Volunteer Recognition 1,000 Training and Travel 200 Printing 403 Total $10,000 Revenue: Decrease Increase Medicare Transition Program: SHIIP Grant - State Department Of Insurance $10000 Total $10,000 Section 2: Explanation To budget grant funding received from the North Carolina Department of Insurance, Senior Health Insurance Information Program (SHIIP) Division, to fund operating costs for the Prescription Drug Assistance Program. The New Hanover County Board of Commissioners approved the request to submit the grant application at the October 20, 2008 meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-116, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this -J: '1 day of rM U0, s L/\, 2009. (SEAL) Ted avis, Jr., Cha an ATTEST: lk I'X, ':'~A.. V- Sheila L. Schult, Clerk to the Board Exhibit Book r~2- Page AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-120 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-120 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging / Medicare Transition Program Ex enditure: Decrease Increase Medicare Transition Program: Temporary Salaries $6,000 Total $6,000 Revenue: Decrease Increase Medicare Transition Program: Champion McDowell Local Grant $6,000 Total $6,000 Section 2: Explanation To budget grant funding received from the Champion McDowell Charitable Foundation to fund operating costs for the Prescription Drug Assistance Program. The New Hanover County Board of Commissioners approved the request to submit the grant application at the October 20, 2008 meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-120, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of OyXkk 0, 1 -1 12009. (SEAL) Ted Davis, Jr., C n ATTEST: C~A.i~k ShL. ch ]t, Clerk to the Board ist1t! Exhibit Book AR Page a AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-122 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-122 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library/Administration Expenditure: Decrease Increase Libra /Administration: Supplies $20,825 Total $-2-0-18-2-5 Revenue: Decrease Increase Libra /Administration: State Aid Grant $20,825 Total $2-0,82-5 Section 2: Explanation An additional grant in State Aid was received and will be used to update security gates and antennae throughout the Library system. This one-time increase in State Aid resulted from special legislation at the end of the 2008 legislative session. 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 09-122, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this ot] day of 2009. (SEAL) Ted Davis, Jr., Ch&man ATTEST: Sheila L. Schutt, Clerk to the Boar Exhibit Book _,~A_ Page o~al_ AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-126 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-126 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff/Detectives Expenditure: Decrease Increase Sheriff/Detectives: Salaries $16,588 Social Security 1,239 Local Government Retirement 811 Medical Insurance 4,024 LTD 45 Cellular Expense 400 Total $23107 Revenue: Decrease Increase Sheriff/Detectives: Project Safe Neighborhood Anti-Gang Initiative Grant $23,107 Total $23107 Section 2: Explanation To budget a Government Crime Commission grant award of $23,107 for the second year of Project Safe Neighborhood Anti-Gang Initiative Grant (PSN). The funds will be used for the continuation of a Community Resource Coordinator (Case Manager) grant position already in place in the current PSN project. This budget amendment will continue funding the position for an additional six months. When funding for the position is discontinued, the project will be evaluated to determine if the grant position could be considered for full funding by the County. The Board of Commissioners authorized approval for the Sheriff's Office to apply for the grant on 9/22/08. There is no local match. 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 09-126, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this . ~~day of 2009. (SEAL) ATTEST: Sheila L. Schu t, Clerk to the Boar 11~_ &~(l - - Ted Davis, Jr., Cha n GO vNTY . O O r ~~s~ABLISHEn~ Exhibit Book -32 Page AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-41 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-41 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $1749 Total $1,749 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $1,749 Total $1,749 Section 2: Explanation To budget 12/19/08 receipt. Controlled Substance Tax 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-41, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this 'A4 day of v , 2009. (SEAL) Ted Davis, Jr., Cha an ATTEST: Sheila L. Schult, Clerk to e Board O 3. NTY. - Exhibit Book 3,9 Page a AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-42 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-42 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property: Supplies $16,477 Total $16,477 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $16,477 Total $16,477 Section 2: Explanation To budget receipts for 12/12 through 12/19/08. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-42, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this _ ~ day of tj ^ LA r- 12009. (SEAL) 71j&-A, Ted Davis, Jr., Ch ' an ATTEST: Sheila L. Schu t, Clerk to the Board O w1TV n~ a 'o r Exhibit Book -E Page AGENDA: January 20, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-36 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-36 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Future Jail Expansion Department: Finance Expenditure: Decrease Increase Capital Project Expense $1603 Total $1603 Revenue: Decrease Increase Interest Earnings $1603 Total $1,603 Section 2: Explanation The title insurance, property appraisal, recording fee, and environmental assessment expenses resulting from the purchase of the Burton Steele property exceeded the budget line by $1,603. There is unbudgeted revenue in the investment earnings line to cover the shortage. This budget amendment will cover the fund deficit. 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 2009-36, amending the annual budget ordinance f\or, the fiscal year ending June 30, 2009, is adopted. Adopted, this ao~^ day of , 2009. (SEAL) s~. Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the oard Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTIONBOOk .C~. Page z• J WHEREAS, the State of North Carolina, pursuant to NCGS 105-322, has authorized the Board of County Commissioners of the respective counties within the State to appoint a Special Board of Equalization and Review to carry out the duties imposed under Article 21 of the Machinery Act of North Carolina as revised in 1977; and WHEREAS, the Board of County Commissioners finds that it is in the best interest of the people of New Hanover County to appoint a special Board of Equalization and Review. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS DOES RESOLVE: 1. A special Board of Equalization and Review is hereby established for the County of New Hanover. 2. The special Board of Equalization and Review shall be comprised of five members and two alternates with each member having one vote. 3. Special Board members shall have good moral character and currently reside and own property in the County of New Hanover. Residency shall have maintained for a minimum period of two years. Each member shall have paid all taxes imposed by the County, municipalities, service districts and any property tax abatements and special assessment taxes currently due. 4. The composition of the members, when possible, should include one member from each of the following groups: ■ North Carolina licensed property appraiser ■ Attorney, Accountant or other professional ■ Business owner ■ Individual engaged in the commercial production of agricultural, livestock, timber or horticultural products or a North Carolina licensed real estate broker ■ Single family residential property owner 5. A majority of the members of the Board shall constitute a quorum. 6. The initial term of the Board shall be for a term of one year. If a vacancy occurs before an incumbent member's term expires, the appointment of a successor shall be for the unexpired term of the member vacating the position. All terms are served at the pleasure of the Board of Commissioners. 7. The chairman of the special Board of Equalization and Review shall be appointed by the Board of County Commissioners. 8. The special Board of Equalization and Review shall have such powers as are provided by Article 21 of the North Carolina Machinery Act as well as such other powers as may be specifically granted by the Board of County Commissioners. 9. Members of the special Board of Equalization and Review may be compensated at the rate determined by the Board of County Commissioners. 10. The special Board of Equalization and Review, in conjunction with the Tax Assessor, shall set its meeting schedule in compliance with the North Carolina Machinery Act. 11. All appeals from this special Board of Equalization and Review shall be to the Property Tax Commission as provided by the North Carolina Machinery Act. 12. This resolution shall be effective upon its adoption. 'o NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403 (910) 798-7149 • (910) 798-7145 FAX • WWWAHCGOV.COM 5 C Ted Davis, Jr., Chairman -Jason R. Thompson, Vice-Chairman Robert G. Greer, Commissioner- William A. Caster, Commissioner - Jonathan Barfield, Jr., Commissioner FIF Sheila L. Schult, Clerk to the Board Exhibit Book 1~L- Page 2. 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING WILMINGTON DOWNTOWN, INC.'S REQUEST TO THE NORTH CAROLINA ALCOHOL BEVERAGE CONTROL (ABC) COMMISSION TO ELIMINATE THE PRESENT THREE-DAY WAITING RULE FOR MEMBERSHIP TO PRIVATE CLUBS WHEREAS, New Hanover County, like many tourist communities is in the enviable position of having people from all over visit our county to relax and have a good time; and WHEREAS, because of this natural attraction, the area has an abundance of restaurants and bars to satisfy the desires of the patrons; and WHEREAS, the Alcohol Beverage Control (ABC) Commission currently imposes a three-day wait period on any individual requesting to join a private bar that serves liquor by the drink; and WHEREAS, the requirement prohibits some visitors to the area from entering private clubs; and WHEREAS, the requirement results in potential loss of revenue. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the request of Wilmington Downtown, Inc. to the North Carolina ABC Commission to eliminate the three-day wait rule for private bar memberships. ADOPTED this the 20f' day of January, 2009. NEW HANOVER COUNTY eXl-w"' /1~ a, Ted Davis, Jr., C airman ATTEST: ~ 1, \ ~~s ~ Sheila L. Schult, Cleric to the Board Exhibit Book X Page An Ordinance of the Board of County Commissioners of New Hanover County The Board of Commissioners of New Hanover County, NC hereby ordains that Chapter 38, Offenses and Miscellaneous Provisions, Article IV, Breaches of the Peace, be and is amended as follows: 1. Existing Section 38-104, is to be recaptioned "Begging, soliciting on County property prohibited; penalty". 2. "Begging or soliciting alms, contributions, goods or services in an aggressive manner or within prohibited areas" is to be codified as a new section 38-111: Section 38-111, Begging or Soliciting Alms, Contributions, Goods or Services in an Aggressive Manner or Within Prohibited Areas. (a) Definitions. For the purpose of this article the following definitions shall apply: Solicit, beg or ask means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation, begging or asking may be, without limitation, by the spoken, written, or printed word, or by other means of communication. Aggressive manner means and includes, without limitation, the following conduct: a. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent; b. Following the person being solicited, if that conduct is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; c. Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; d. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person asking the solicitation; e. Intentionally or recklessly using obscene or abusive language or gestures intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or using words or gestures intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or f. Approaching the person being solicited in a manner that is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. (b) Prohibited acts: It shall be unlawful for any person to solicit, beg or ask for money or other things of value, to exhibit oneself for the purpose of soliciting, begging or asking for money or other things of value, or to solicit or otherwise offer the sale of goods or services: (1) In an aggressive manner; (2) Within fifteen (15) feet of any entrance or exit of any bank or financial institution, or within fifteen (15) feet of any automated teller machine without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (3) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign indicating that solicitations are not permitted on the property; or (4) From any operator or passengers of a motor vehicle that is on a public street or road or within the right of way thereof, provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. (c) Any person who shall violate the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than $50.00 or imprisonment for not more than 30 days, in the discretion of the court, as provided by G.S. 14-4. ADOPTED this, the4gj day ATTEST: T esa P. Elmore, Deputy Clerk to the Board