2021-06-07 RM Exhibits �` t 'O
,,- k� REVISED 6/7/2021
z ,iP NEW HANOVER COUNTY BOARD OF COMMISSIONERS
3 ,t. - ' 2021
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Agenda Review and Regular Meeting Schedules Exhibit
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Book X1,vv
Page U.
Agenda Review Meeting Dates and Times Regular Meeting Dates and Times
Location:NHC Government Center Conference Location: NHC Courthouse, 24 North 3`d Street
Room 601 Room 301
Wednesday,January 13 4:00 p.m. Tuesday,January 19 4:00 p.m.
Thursday,January 28 4:00 p.m. Monday, February 1 4:00 p.m.
Thursday, February 11 4:00 p.m. Monday, February 15 9:00 a.m.
Thursday, February 25 4:00 p.m. Monday, March 1 4:00 p.m.
Thursday, March 11 4:00 p.m. Monday, March 15 9:00 a.m.
Thursday,April 1 4:00 p.m. Monday,April 5 4:00 p.m.
Thursday,April 15 4:00 p.m. Monday,April 19 9:00 a.m.
Thursday,April 29 4:00 p.m. Monday, May 3 4:00 p.m.
Thursday, May 13 4:00 p.m. Monday, May 17 9:00 a.m.
Thursday,June 3 4:00 p.m. Monday,June 7 4:00 p.m.
Thursday,June 17 4:00 p.m. Tuesday,June 22 9:00 a.m.
Wednesday,July 7 4:00 p.m. Tuesday,July 13 9:00 a.m.
Thursday,July 29 4:00 p.m. Monday,August 2 4:00 p.m.
Thursday,August 19 4:00 p.m. Monday,August 23 9:00 a.m.
Thursday,September 2 4:00 p.m. Tuesday,September 7 4:00 p.m.
Thursday,September 16 4:00 p.m. Monday,September 20 9:00 a.m.
Thursday,September 30 4:00 p.m. Monday, October 4 4:00 p.m.
Thursday,October 14 4:00 p.m. Monday,October 18 9:00 a.m.
Thursday,October 28 4:00 p.m. Monday, November 1 4:00 p.m.
Wednesday, November 10 4:00 p.m. Monday, November 15 9:00 a.m.
Thursday, December 2 4:00 p.m. Monday, December 6 4:00 p.m.
Thursday, December 16 4:00 p.m. Monday, December 20 9:00 a.m.
Conferences:
NCACC Legislative Goals Conference, Raleigh, NC January 14-15, 2021
NACo Legislative Conference,Washington, D.C. February 20-24, 2021
R NCACC County Assembly Day, Raleigh, NC May 19,2021
NACo Annual Conference, Prince George's County, MD July 9-12, 2021
NCACC Annual Conference, New Hanover County, NC August 12-14, 2021
Exhibit
Book XI111 Page 11•a
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
4 Road(s) Description: Acres Drive located within the Parkwood Extension subdivision in
New Hanover County (Division File No: 1291-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 road(s) should be added to the Secondary Road System, if the road(s) 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 of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)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 7th day of June, 2021.
WITNESS my hand and official seal this the 7th day of June, 2021.
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AO-7-4 yr:o K berleigh d rowell, Clerk to the Board
2 `�t' New Hanover County Board of Commissioners
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Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Cloverland Way, Goodwood Way and Trumpet Vine Way located
within the Johnson Farms subdivision at Henderson Parke in New
Hanover County(Division File No: 1290-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 road(s) should be added to the Secondary Road System, if the road(s) 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 of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)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 7th day of June, 2021.
WITNESS my hand and official seal this the 7th day of June, 2021.
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Ky berleigh G. Cirwsell, Clerk to the Board
r tip , r I -2 New Hanover County Board of Commissioners
JTAxiiCH(D��•
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Waterstone Drive for the Porters Neck Elementary School located
in New Hanover County(Division File No 1286-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 road(s) should be added to the Secondary Road System, if the road(s) 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 of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)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 7th day of June, 2021.
WITNESS my hand and official seal this the 7th day of June, 2021.
cpuNTy� 0.,:,,
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, K eberleigh G. •well Clerk to the Board
�I ��, New Hanover County Board of Commissioners
l'zisHFD1n
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
1 SECONDARY ROAD SYSTEM
i
North Carolina
x County of New Hanover
i
Road(s) Description: Royal Fern Road, Hollandale Court,Yucca Lane, Penny Royal Lane,
and Catamaran Drive located within the River Oaks subdivision in
New Hanover County (Division File No: 1283-N)
I
WHEREAS, a petition has been filed with the Board of County Commissioners of
i
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
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1 WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
1 minimum standards and criteria established by the Division of Highways of the
Department of Transportation for the addition of roads to the System.
1
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NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
i
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 7th day of June, 2021.
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1 WITNESS my hand and official seal this the 7th day of June, 2021.
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d �'; Ky �berleigh G. C'4 well, Clerk to the Board
g > =r , 1 a2 New Hanover County Board of Commissioners
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Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
I
North Carolina
ii County of New Hanover
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Road(s) Description: McGinnis Lane and Pine Hollow Drive located within the Belle
1 Meade Plantation subdivision in New Hanover County(Division File
No: 1270-N)
i
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
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WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the
1
Department of Transportation for the addition of roads to the System.
1
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
4
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CERTIFICATE
n The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 7th day of June, 2021.
WITNESS my hand and official seal this the 7th day of June, 2021.
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x� p Ky it erleigh G. Cr h ell, Clerk to the Board
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Form SR-2
41 Please Note: Forward directly to the District Engineer, Division of Highways
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Exhibit,/ 1
Book Page Li .3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
EXCHANGE OF PROPERTY BETWEEN NHC FIRE RESCUE AND
DUPLIN COUNTY SHERIFF'S DEPARTMENT
fi
WHEREAS, NC General Statute 160A-271 grants the Board of County Commissioners with the power and
authority to exchange real and personal property if the County receives full and fair consideration in
exchange for its property; and
WHEREAS, New Hanover County (NHC) Fire Rescue has in its possession water rescue equipment which
is no longer being used and is surplus to their operations. The equipment consists of the following:seven
(7) Northwest River Supplies (NRS) Rescue Throw Bags, seven (7) NRS Water Rescue Helmets, fourteen
(14) NRS Dry Suits and three (3) NRS Rescue Boards with a total fair market value(FMV) of$8,460; and
WHEREAS, Duplin County Sheriff's Department has in its possession a 2011 Evinrude 55hp outboard
motor and 2013 Evinrude 55hp outboard motor with a FMV of$8,500 for both motors; and
WHEREAS, NHC Fire Rescue desires to exchange the water rescue equipment with Duplin County Sheriff's
Department for the two Evinrude 55hp outboard motors. Such exchange would benefit both agencies in
their everyday operations.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of New Hanover County
authorizes the exchange of the water rescue equipment in possession of NHC Fire Rescue for the two
Evinrude 55hp outboard motors owned by Duplin County Sheriff's Department. Such exchange of
property is to be made without consideration and is in the best interest of the public and the agencies
involved.
BE IT FURTHER RESOLVED that prior to exchange of the above-referenced property with the Duplin
County Sheriff's Department, the New Hanover County Board of Commissioners shall publish a notice of
the exchange in a newspaper having a general circulation in the county.
ADOPTED this 7th day of June 2021.
NEW NO ER UN
Juli. 4 son- ose an, Chair
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Exhibit
Book X LI k I Page ( # 4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL MEN'S HEALTH MONTH PROCLAMATION
WHEREAS,despite advances in medical technology and research, men continue to live an average of five
years less than women; and
WHEREAS,educating the public and our health care providers about the importance of a healthy lifestyle
and early detection of male health problems can help to reduce the mortality from disease; and
WHEREAS, men who are educated about the value of preventive health to prolonging their lifespan and
supporting their role as productive family members are more likely to participate in health screenings;
and
WHEREAS, Men's Health Month is an opportunity to raise awareness, advocate resources, and promote
access to education about men's health; and
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June
2021 will be recognized as "National Men's Health Month" in New Hanover County. All citizens are
encouraged to increase the awareness of the importance of a healthy lifestyle, regular exercise and
medical checkups, and to participate in preventive health practices and early detection efforts to join
the campaign and become concerned about men's health in the hope of achieving optimum health for
both today and tomorrow. The board commends this observance to all citizens and urges that all citizens
and community organizations join in this observance.
ADOPTED this the 7th day of June, 2021.
NEW HANOVER COUN
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cou t Juli. •Ison-:o em. , Chair
ATTEST:
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"VP KyrAel7e7gTajo-well, Clerk to the Board
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Exhibit
Book XL.111 Page U •6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ORDINANCE
Amendment to County Code, Chapter 41
The Board of County Commissioners of New Hanover County, N.C. hereby ordains and
decrees modification of the County Code, Chapter 41, "Parks and Recreation,"as follows:
Section 41-1, "Prohibited activities."
1. First paragraph is amended as follows:
It shall be unlawful for any person in any park, park preserve, playground,
swimming pool, swimming area, ball field, tennis court or any other recreation
facility, and their parking facilities, owned or controlled by the county to:
2. Section (6) is amended as follows:
Drive any vehicle on any area except the paved park roads or parking areas or
such other areas as may be specifically designated by the director of parks and
gardens.
3. Section (8) is amended as follows:
Swim, bathe or wade in any waters or waterways in or adjacent to any park, except
in such waters and at such places as are provided for such activity, and in
compliance with such regulations as are set forth in this chapter or such as may
be established by the parks and gardens department.
4. Section (12) is amended as follows:
Camp in any area without permission of the director of parks and gardens. No
person shall set up tents, shacks or any other temporary shelter for the purpose of
overnight camping, nor shall any person leave in any park after closing hours any
movable structure or special vehicle to be used or that could be used for such
purpose, such as a camper-trailer, house trailer or the like without permission of
the director of parks and gardens.
5. Section (14) is amended as follows:
Build or attempt to build a fire except in such areas and under such regulations as
may be designated for the purpose by the director of parks and gardens. No person
shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars
Page 1 of 3
or other flammable material within any park area or on any abutting or contiguous
highway, road or street.
6. Section (20) is amended as follows:
Enter, use or remain within any park between the hours of 12:00 midnight and
sunrise unless a written permit has been obtained from the director of parks and
gardens.
Section 41-2, "General regulations."
7. Section (a) is amended as follows:
Open fires. No open fires are allowed. All fires must be in park-provided grills or
grills approved by the department of parks and gardens.
8. Section (c) is amended as follows:
(1) The director of parks and gardens has the authority and responsibility to
establish and enforce any rules and regulations governing the use and
maintenance of parks and recreational facilities.
(2) A copy of the rules and regulations governing the use and maintenance of
parks and recreational facilities may be obtained from the parks and gardens
department. A violation of any rules and regulations established by the director of
parks and gardens shall constitute a violation of this chapter.
Section 41-3, "Closing when necessary."
9. Any section or part of any park or recreation area or facility may be declared closed
to the public by the director of parks and gardens at any time and for any interval
of time, either temporarily or at regular and stated intervals (daily or otherwise),
and to certain uses.
Section 41-4, "Authority of director to eject or ban disorderly persons."
10. (a) The director of parks and gardens and any authorized department employee
shall have the authority to eject and/or ban from any park facility any person
acting in violation of this chapter or in violation of rules and regulations
enacted pursuant to this chapter or any ordinance adopted by the County
Commissioners.
(b) The determination of the parks and gardens director or authorized department
employees may be appealed in writing to the county manager or his or her
designee within 10 business days of the issuance of the determination. The
county manager or manager's designee shall fix a reasonable time for the
hearing. At the hearing, the individual affected by the determination shall be
given the opportunity to present evidence to refute the findings that support
Page 2 of 3
the abatement of the determination. Upon completion of the hearing, the
manager or his/her designee shall consider the evidence before them and
shall revoke the initial determination, issue a final determination that differs
from the initial determination, or uphold the initial determination as final. The
initial determination remains in force during the review process.
Section 41-5, "Penalty for violation of chapter."
11.Section (b) is amended as follows:
A citation may be issued which subjects the offender to a civil penalty of $100.00
for a first offense, $300 for a second offense, and $500 for a third or subsequent
offense. The penalty may be recovered by the county in a civil action in the nature
of debt if the offender does not pay the penalty within 20 days after being cited;
however, the amount of any civil penalties for violation of parking regulations under
this chapter shall be consistent with those penalties enumerated in section 53-112.
12.Except as specifically above amended, New Hanover County Code Chapter 41,
"Parks and Recreation" shall remain unaltered and in full force and effect.
//
ADOPTED this the / d t
ay of /.e_T 2021.
New Hanover County
r + ti� Jul' !son-Bo eman, Chair
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i ATTEST:
'Ff, K'O's:,.
I<I i A i' /1
K1mberleig r . Crowell
Clerk to the Board
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Page 3 of 3
Exhibit
Book XL-\k1 Page (,o-(.P
New Hanover County Monthly Collection Report for April 2021
Current Year 2020-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 150,029,981.01 $ 14,870,952.05 $ 10,833,446.15 $ 175,734,379.21
Abatements $ (56,795.28) $ (149,974.67) $ (206,769.95)
Adjustments $ 32,810.73 $ 16,023.52 $ 48,834.25
Total Taxes Charged $ 150,005,996.46 $ 14,737,000.90 $ 10,833,446.15 $ 175,576,443.51
Collections to Date $ 150,407,750.63 $ 14,071,886.76 $ 10,833,446.15 $ 175,313,083.54
*Refunds $ 1,325,290.28 $ 136,179.85 $ 1,461,470.13
Write-off $ 127.27 $ 1,174.72 $ 1,301.99
Outstanding Balance $ 923,408.84 $ 800,119.27 $ - $ 1,726,132.09
Collection Percentage 99.38 94.57 100.00 99.02
YTD Interest Collected $ 175,550.63 $ 18,191.64 $ 67,447.29 $ 261,189.56
Total 2020-2021 Collections YTD $ 174,112,802.97
Prior Years 2010-2019
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 1,802,044.87 $ 4,498,560.07 $ 402,846.95 $ 6,703,451.89
Abatements $ (49,468.89) $ (89,392.51) $ - $ (138,861.40)
Adjustments $ - $ 1,232.21 $ - $ 1,232.21
Total Levy $ 1,752,575.98 $ 4,410,399.77 $ 402,846.95 $ 6,565,822.70
Collections to Date $ 603,943.86 $ 259,258.98 $ 1,372.55 $ 864,575.39
*Refunds $ 73,272.34 $ 285,885.61 $ 666.35 $ 359,824.30
Write-off $ 15,545.94 $ 198,131.88 $ 76,486.02 $ 290,163.84
Outstanding Balance $ 1,206,358.52 $ 4,238,894.52 $ 325,654.73 $ 6,351,235.45
YTD Interest Collected $ 76,497.85 - $ 34,767.71 $ 638.51 $ 111,904.07
Total Prior Year Collections YTD $ 616,655.16
Grand Total All Collections YTD $ 174,729,458.13
*Detailed information for Refunds can be found in the Tax Office
NEW H." • ER COUNTY
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( New Hanover County Fire District Monthly Collection Report for April 2021
Current Year 2020-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 9,016,674.83 $ 1,044,680.34 $ 826,336.93 $ 10,887,692.10
Abatements $ (2,869.23) $ 470.29 $ (2,398.94)
Adjustments $ 5,666.18 $ 142.48 $ 5,808.66
Total Taxes Charged $ 9,019,471.78 $ 1,045,293.11 $ 826,336.93 $ 10,891,101.82
Collections to Date $ 8,965,678.40 $ 1,014,078.56 $ 826,336.93 $ 10,806,093.89
*Refunds $ 53.61 $ 816.17 $ 869.78
Write-off $ 23.90 $ 118.13 $ 142.03
Outstanding Balance $ 53,823.09 $ 31,912.59 $ - $ 86,019.74
Collection Percentage 99.40 96.95 100.00 99.21
YTD Interest Collected $ 9,541.20 $ 1,056.93 $ 4,998.92 $ 15,597.05
Total 2020-2021 Collections YTD $ 10,820,821.16
Prior Years 2010-2019
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74
Abatements $ (4,864.37) $ (203,082.34) $ - $ (207,946.71)
Adjustments $ 157.09 $ - $ 157.09
Total Levy $ 108,704.26 $ 45,698.11 $ 24,031.75 $ 178,434.12
Collections to Date $ 42,067.78 $ (193,714.58) $ 55.31 $ (151,591.49)
*Refunds $ 4,621.02 $ 649.78 $ - $ 5,270.80
Write-off $ 600.68 $ 9,302.99 $ 4,283.73 $ 14,187.40
Outstanding Balance $ 70,656.82 $ 230,759.48 $ 19,692.71 $ 349,483.81
YTD Interest Collected $ 5,622.34 $ 1,022.68 $ 49.24 $ 6,694.26
Total Prior Year Collections YTD $ (144,897.23)
Grand Total All Collections YTD $ 10,675,923.93
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
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New Hanover County Debt Service Monthly Collection Report for April 2021
Current Year 2020-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 19,796,952.20 $ 1,953,037.54 $ 1,429,534.78 $ 23,179,524.52
Abatements $ (7,493.93) $ (19,775.46) $ - $ (27,269.39)
Adjustments $ 4,338.15 $ 2,122.35 $ - $ 6,460.50
Total Taxes Charged $ 19,793,796.42 $ 1,935,384.43 $ 1,429,534.78 $ 23,158,715.63
Collections to Date $ 19,669,951.77 $ 1,831,333.41 $ 1,429,534.78 $ 22,930,819.96
*Refunds $ 308.59 $ 1,341.70 $ 1,650.29
Write-off $ 39.54 $ 160.43 $ 199.97
Outstanding Balance . $ 124,113.70 $ 105,232.29 $ - $ 228,095.64
Collection Percentage 99.37 _ 94.56 100.00 99.02
YTD Interest Collected $ 23,169.34 $ 2,345.92 $ 8,878.66
Total 2020-2021 Collections YTD $ 22,930,819.96
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Prior Years 2010-2019
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 183,590.02 $ 280,226.37 $ - $ 463,816.39
Abatements $ (6,370.98) $ (10,281.52) $ (16,652.50)
Adjustments $ 162.61 $ 162.61
Total Levy $ 177,219.04 $ 270,107.46 $ - $ 447,326.50
Collections to Date $ 72,664.69 $ (3,728.51) $ - $ 68,936.18
*Refunds $ 5,963.26 $ 1,361.61 $ - $ 7,324.87
Write-off $ 11.46 $ 7.25 $ - $ 18.71
Outstanding Balance $ 110,506.15 $ 275,190.33 $ - $ 385,733.90
YTD Interest Collected $ 8,150.20 $ 3,850.50 - $ - $ 12,000.70
Total Prior Year Collections YTD $ 73,612.01
*Detailed information for Refunds can be found in the Tax Office
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Exhibit ,
Book Page Li 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT
WITH KEY GOVERNMENT FINANCE INC. TO FINANCE THE ACQUISITION OF VARIOUS MOTOR
VEHICLES AND EQUIPMENT FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA,
AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND CERTAIN
RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, New Hanover County proposes the financing of the acquisition of various motor
vehicles and equipment for the stormwater utility program, as approved for purchase by the
New Hanover County Board of Commissioners (Board) on March 15, 2021; and
WHEREAS, the most advantageous manner of financing thereof is by an installment contract
pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended; and
WHEREAS, pursuant to said Section 160A-20, New Hanover County is authorized to finance the
acquisition of real and personal property, including fixtures, by installment contracts that create
a security interest in the property financed to secure repayment of the financing; and
WHEREAS, Key Government Finance Inc. has proposed to finance the acquisition pursuant to an
installment purchase contract between the Purchaser and Key Government Finance Inc.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
authorizes the following:
Section 1. The New Hanover County Board of Commissioners does hereby find and
determine:
(a) New Hanover County proposes the financing of the acquisition of various motor vehicles
and equipment for the stormwater utility program as approved by the Board on March
15, 2021;
(b) The most advantageous manner of financing thereof is by an installment contract
pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended;
(c) Pursuant to said Section 160A-20, New Hanover County is authorized to finance the
acquisition of real and personal property, including fixtures, by installment contracts
that create a security interest in the property financed to secure repayment of the
financing; and
(d) Key Government Finance Inc. has proposed the finance of the acquisition pursuant to an
Installment Purchase Contract between the Purchaser and Key Government Finance Inc.
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Section 2. The New Hanover County Board of Commissioners hereby authorizes and directs
the County Manager, the County Attorney, and the Chief Financial Officer to negotiate,
execute, acknowledge and deliver the installment purchase contract with Key Government
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Finance Inc. in such form and substance as the person negotiating, executing and delivering
such instruments shall find acceptable. The Clerk to the Board is hereby authorized to affix the
official seal of New Hanover County to the installment purchase contract and attest the same.
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Section 3. The proper New Hanover County officers are authorized and directed to execute
and deliver any and all papers, instruments, opinions, certificates, affidavits and other
documents and to do or cause to be done any and all other acts and things necessary or proper
I for carrying out this Resolution and installment purchase contract.
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Section 4. No deficiency judgment may be rendered against New Hanover County in any
action for breach of a contractual obligation under the installment purchase contract and the
taxing power of New Hanover County is not and may not be pledged directly or indirectly to
secure any moneys due under the installment purchase contract, the security provided being
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the sole security for Key Government Finance Inc. in such instance.
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Section 5. It is hereby determined and approved that (i) the proceeds of the contract shall
be used for the financing of the acquisition of various motor vehicles and equipment used for
the stormwater utility program, and (ii) the maximum principal amount expected to be incurred
is $1,679,512 with 59 monthly installments.
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ADOPTED this the 7th day of June, 2021.
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NEW HANOVER COUNTY
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ATTEST:
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g Ky ••erleigh G. 1owell, Clerk to the Board
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1 Exhibit
i Book VIA t t Page (j.a
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; AGENDA:June 7,2021
( NEW HANOVER COUNTY BOARD OF COMMISSIONERS
P
I AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
,
iI BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
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I Section 1: Details of Budget Amendment
1 Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Proactively manage the county budget
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Fund: Special Purpose Fund
I Department: Various
iExpenditure: Decrease Increase Total
I BA 21-075-Expenditures by Function
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t General Government $ 2,815,000 $ 2,815,000
i Human Services $ 2,851,461 $ 2,851,461
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Public Safety $ 136,037 Si 136,037
1 Culture and Recreation $ 1,250,000 $ 1,250,000
i Total $ - _5 7,052,498 $ 7,052,498
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iRevenue: Decrease Increase Total
IBA 21-075-Revenues by Function
General Government $ 2,815,000.S 2,815,000
i Human Services $ 2,851,461 5 2,851,461
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I Public Safety $ 136,037 5 136,037
I Culture and Recreation S 1,250,000 S 1,250,000
Total ,5 - 5 7,052,498' 5 7,052,498_
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i Prior to Actions Total if Actions Taken
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I Today
Special Purpose Fund Budget I S - I $ 7,052,498
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I Fund: Representative Payee Fund
Department: Various
1 Expenditure:
BA 21-075-Expenditures by Function Decrease Increase Total
I Human Services
, $ 325,000 $ 325,000
I Total $ - 5 325,000 5 325,000
1 Revenue:
BA 21-075-Revenues by Function I Decrease Increase Total
1 Total S - $Human Services
$
325,000 5
325,000 $ 325,000
325,000
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1 Prior to Actions Total if Actions Taken
IToday
1 Representative Payee Fund Budget I$ - I S 325,000
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I Section 2: Explanation
1 New Hanover County is required to implement a new accounting standard,GASB 84,related to fiduciary activities prior
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1 to June 30,2021. As part of this implementation,two new special revenue funds have been created,the Special Purpose
iFund and the Representative Payee Fund. These funds are for various fiduciary activities including tracking money that
I ultimately belongs to individuals or others outside of the government as well as some money that has been restricted by
third parties. Examples include,but are not limited to,DSS Trust and Support accounts as well as donations for
restricted purposes.
; Section 3: Documentation of Adoption
1
1 This ordinance shall be effective upon its adoption.
INOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
I Carolina,that the Ordinance for Budget Amendment(s)21-075 amending the annual budget ordinance for the fiscal year
i ending June 30,2021,is adopted.
;
Adopted,this 7th day of June,2021.
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AGENDA: June 7,2021
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
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I BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
8
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Section 1: Details of Budget Amendment
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Strategic Focus Area: Superior Public Health&Safety
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Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands
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Fund: General
i Department: Health&Human Services Agency/Public Health
Expenditure: Decrease Increase Total
BA 21-081 School Health $ 135,000 $ 135,000
Total .— $ - $ 135,000 $ 135,000
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Revenue: Decrease Increase Total
BA 21-081 School Health $ 135,000 $ 135,000
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Total $ - � $ 135,000 U$ 135,000
Prior to Total if Actions
Actions Today Taken
I Departmental Budget I $ 15,666,739 I $ 15,801,739
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Section 2: Explanation
t BA 21-081 budgets funds provided by New Hanover County Schools(NHCS)for purposes of providing nurses
during NHCS summer school sessions. Specifically,these funds will be used for Salary and Fringe expenditures for
15 nurses that will be working for six additional weeks between June 15,2021 and October 1,2021.It will also
I cover a small incentive bonus for the nurses taking on these additional summer responsibilities,which are outside of
S their regular work schedule.Coverage will be provided at 15 schools,including several traditional and year-round
1 schools,as well as Snipes Academy.Unused portions of these revenues in FY20-21 will be rolled forward for
continued service in FY21-22 through the dates indicated.No new positions are being requested and no county
Imatch is required.
Section 3: Documentation of Adoption
I This ordinance shall be effective upon its adoption.
I NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North I
Carolina,that the Ordinance for Budget Amendment(s)21-081 amending the annual budget ordinance for the fiscal
year ending June 30,2021,is adopted.
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Adopted,this 7th day of June,2021.
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G) RESOLUTION OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
TO RECOGNIZE AND CONGRATULATE Exhibit
JOHN T. HOGGARD HIGH SCHOOL AS THE Book Page (1.6i
2021 NORTH CAROLINA 4A SOFTBALL STATE CHAMPIONS
WHEREAS,on May 15, 2021,the John T. Hoggard High School softball team, led by longtime head
coach Colleen St. Ledger, won the North Carolina 4A Softball State Championship held in
Lexington, North Carolina; and
WHEREAS, the team defeated East Forsyth High School, by a score of 6-5, giving the Hoggard
Vikings their first Fast-pitch Softball State Championship; and
WHEREAS,the Vikings finished 20-1 for the season, were 14-0 in the Mideastern 3A/4A and won
the league title, won the program's second straight Eastern Regional Championship, and
appeared in the State Series for the third time in fast-pitch softball; and
WHEREAS, Icess Tresvik,the Viking's pitcher, was selected as the 4A Softball State Championship
Series Most Valuable Player after pitching 23.1 innings in the series, striking out 34 East Forsyth
batters, allowing only six runs, and going three for nine at the plate with a solo home run in the
championship-winning game; and
WHEREAS, the John T. Hoggard High School softball team carried with it the pride and support
of New Hanover County's citizens.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that
the players, coaches, and parents of the John T. Hoggard softball team should be recognized and
congratulated for their accomplishments, and for serving as outstanding ambassadors for New
Hanover County.
ADOPTED this the 7th day of June, 2021.
NEW HANOVER COUNTY
Jul Olson-Bose an, Chair
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ATTEST:
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4/A ,Adal■ githi
Ky!berleigh G. 419.well, Clerk to the Board
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4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JUNETEENTH PROCLAMATION Exhibit
Book XL-11■ Page U • 10
WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863,
declaring enslaved people in Confederate territory free and paving the way for the passing of the 13th
Amendment which formally abolished slavery in the United States of America; and
WHEREAS, word about the signing of the Emancipation Proclamation was delayed some two and one
half years, to June 19, 1865, in reaching authorities and African-Americans in the South and
Southwestern United States; and
WHEREAS,Emancipation Day observations are held on different days in different states in the South and
Southwest, and in other parts of the nation; and
WHEREAS,June 19th has a special meaning to African-Americans, and is called "JUNETEENTH" combining
the words June and Nineteenth, and has been celebrated by the African-American community for over
150 years.
NOW,THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June
19, 2021 will be recognized as JUNETEENTH in New Hanover County, and urges all citizens to become
more aware of the significance of this celebration in African-American History and in the heritage of our
nation and County.
ADOPTED this the 7th day of June, 2021.
NEW HANOVER COUNTY
Juli Ison-Roseman, Chair
ATTEST.
) Ky rleigh G.intfitSei,ritee
ell, Clerk to the Board
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Exhibit
Book )(WA Page La • 11
, NEW HANOVER COUNTY, NORTH CAROLINA
FISCAL YEAR 2021-2022 BUDGET ORDINANCE
r, BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina as follows:
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Section 1:The following amounts are hereby appropriated in the General Fund for the operation
'3 of the New Hanover County government and its activities for the fiscal year beginning July 1, 2021, and
ending June 30, 2022, in accordance with the Chart of Accounts heretofore established for New Hanover
County:
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General Government $55,130,222
Human Services 64,812,463
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Public Safety 79,824,224
Economic& Physical Development 1,339,662
Cultural & Recreational 14,843,874
Education
Cape Fear Community College Current Operating Expense 10,950,946
NHCS Current Operating Expense
Instructional Services
1 Regular Instruction 26,223,930
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Special Populations 4,510,425
Alternative Programs 909,284
1 School Leadership 7,507,449
Co-Curricular 1,829,255
I School-Based Support 7,253,139
System-Wide Support Services
Support and Development 2,292,791
Special Population Support and Development 137,219
Alternative Programs and Services Support and Development 884,620
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Technology Support 5,017,516
Operational Support 20,444,151
Financial and Human Resources 5,519,565
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' Accountability 373,934
System-Wide Pupil Support 483,652
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Policy, Leadership and Public Relations 1,901,216
1 Non-Programmed Charges
Payments to Other Governments 6,463,966
Scholarships 140,000
Other Restricted Revenue (Fund 8) Pre-K 974,844
Transfers to Other Funds 16,580,444
Total Appropriations-General Fund $336,348,791
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The appropriation for New Hanover Count y Sc h oo ls -Current Operating Ex pe n se is$3,434 pe r pupil and
is based on a projected Average Daily Membership (ADM) of 24,869 students for New Hanover County
Schools and 1,869 for charter schools. In accordance with Section 8.35 of S.L. 2014-100, virtual charter
schools are funded at$790 per pupil, and the projected ADM is 58 students.
Pursuant to G.S. 115C-426(c) and 115C-333(b),allocations made to the New Hanover County Board of
Education through G.S. 115C-429(b) bind the Board of Education to the following directions and
limitations with regard to these funds:
1) The Budget Resolution adopted by the New Hanover County Board of Education shall conform
to the specific allocations for operating and Pre-K as set forth in this Budget Ordinance.
2) The Budget Resolution adopted by the New Hanover County Board of Education may not be
amended without the prior approval of the Board of Commissioners if the proposed amendment
would result in a cumulative increase or decrease of 10 percent or more in the county
appropriation for a Purpose or Function as compared to the amounts contained in this Budget
Ordinance.
The appropriation for training and travel for the Board of County Commissioners is budgeted for the
entire governing body, not by specific or equal dollar amount per member, and is to be expended in any
distribution necessary to carry out the duties of the position. In addition, auto allowances will be
increased for all county employees by approximately thirty-two percent.
Section 2: It is estimated that the following revenues will be available in the General Fund for the
fiscal year beginning July 1, 2021, and ending June 30, 2022:
Ad Valorem Taxes $206,014,300
Sales Taxes 69,936,196
Other Taxes 5,248,100
Charges for Services 12,187,094
Interest on Investments 158,000
Intergovernmental Revenue—Federal 23,446,238
Intergovernmental Revenue—State 4,586,417
Intergovernmental Revenue—Other 7,087,023
Other Revenue 509,484
Long-Term Debt Issued 5,524,260
Transfers from Other Funds 1,461,679
Appropriated Fund Balance
Automation Enhancement and Preservation Fund—Appropriated Fund 190,000
Balance
Total Estimated Revenues-General Fund $336,348,791
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Section 3:The following amount is hereby appropriated in the Debt Service Fund for the fiscal year
beginning July 1, 2021, and ending June 30, 2022:
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Debt Service $59,292,153
Total Appropriation—Debt Service Fund $59,292,153
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Section 4: It is estimated that the following revenues will be available in the Debt Service Fund for
the fiscal year beginning July 1, 2021, and ending June 30, 2022:
g Ad Valorem Taxes $21,178,233
1 Sales Taxes 16,286,411
Intergovernmental Revenue—Federal 74,095
Intergovernmental Revenue—Other 5,552,028
1 Transfers from Other Funds 15,395,060
`, Appropriated Fund Balance 806,326
Total Estimated Revenues—Debt Service Fund $59,292,153
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1 Section 5: The following amount is hereby appropriated in the Special Fire District Fund for the
operation of fire protection services for the fiscal year beginning July 1, 2021, and ending June 30, 2022,
in accordance with the Chart of Accounts heretofore established for New Hanover County:
; Public Safety $16,845,062
Debt Service 1,503,459
1 Total Appropriation—Special Fire District Fund $18,348,521
Section 6: It is estimated that the following revenues will be available in the Special Fire District
Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
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Ad Valorem Taxes $13,190,123
F Sales Taxes 3,909,822
Charges for Services 41,576
Interest on Investments 4,000
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1 Other Revenue 20,000
Long-Term Debt Issued 1,183,000
Total Estimated Revenues—Special Fire District Fund $18,348,521
Section 7:The following amount is hereby appropriated in the Room Occupancy Tax Fund for the
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fiscal year beginning July 1, 2021, and ending June 30, 2022:
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Economic and Physical Development $18,870,707
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Total Appropriation—Room Occupancy Tax Fund $18,870,707
Section 8: It is estimated that the following revenues will be available in the Room Occupancy Tax
I Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
:
Room Occupancy Taxes $6,636,155
Special Assessments 39,154
Intergovernmental Revenue—Other 7,637,500
Appropriated Fund Balance 4,557,898
Total Estimated Revenues—Room Occupancy Tax Fund $18,870,707
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Section 9:The following amount is hereby appropriated in the Emergency Telephone System Fund
for the fiscal year beginning July 1, 2021, and ending June 30, 2022, for the purpose of maintaining an
Emergency 911 System in New Hanover County:
Public Safety $902,230
Total Appropriation—Emergency Telephone System Fund—Article 3 $902,230
Section 10:It is estimated that the following revenue will be available in the Emergency Telephone
System Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Other Taxes $740,549
Appropriated Fund Balance 161,681
Total Estimated Revenues—Emergency Telephone System Fund—Article 3 $902,230
$. Section 11:The following amount is hereby appropriated in the Revolving Loan Fund for the fiscal
year beginning July 1, 2021, and ending June 30, 2022:
General Government $24,000
Total Appropriation—Revolving Loan Fund $24,000
Section 12: It is estimated that the following revenue will be available in the Revolving Loan Fund
for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Miscellaneous Revenue $10,000
Appropriated Fund Balance 14,000
Total Estimated Revenues—Revolving Loan Fund $24,000
Section 13:The following amount is hereby appropriated in the Capital Improvement Projects Fund
for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Capital Project Expense $3,696,000
Total Appropriation—Capital Improvement Projects Fund $3,696,000
Pursuant to 115C-426(c), allocations made to the New Hanover County Board of Education through G.S.
115C-429(b) bind the Board of Education to conform to the specific allocations for capital as set forth in
this Budget Ordinance.
The Budget Resolution adopted by the New Hanover County Board of Education may not be amended
without the prior approval of the Board of Commissioners if the proposed amendment increases or
decreases expenditures from the capital outlay fund for the Board of Education.
In accordance with G.S. 115C-433(d), the Board of Commissioners requires the Board of Education to
notify the Board of Commissioners in writing of any changes made to their planned capital fund
expenditures. The notification should include: (1) nature of the change; (2) reason for the change; (3)
dollar amount of any expenditure change by planned project; and (4) plans for, and estimated cost of,
completing the planned project in the future if completion as originally anticipated will not be possible.
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Section 14: It is estimated that the following revenue will be available in the Capital Improvement
Projects Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Long-term Debt Issued $3,696,000
Total Estimated Revenues—Capital Improvement Projects Fund $3,696,000
Section 15:The following amount is hereby appropriated in the Stormwater Services Fund for the
fiscal year beginning July 1, 2021, and ending June 30, 2022:
Debt Service 388,869
Transfer to General Fund 276,295
Total Appropriation—Stormwater Services Fund $665,164
Section 16: It is estimated that the following revenue will be available in the Stormwater Services
Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Charges for Service $665,164
Total Estimated Revenues—Stormwater Services Fund $665,164
Section 17:The following amount is hereby appropriated in the Environmental Management Fund
for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Enterprise- Environmental Management Operations $12,063,089
Debt Service 96,600
1 Administrative Reserves
Environmental Management Financial Assurance Reserve 367,256
Environmental Management Closure/Post Closure Reserve 88,869
Transfer to Other Funds
Transfer To Environmental Management Fund Capital Reserve 250,000
Transfer To Environmental Management Fund Closure/Post Closure Reserve 1,158,869
Transfer To Environmental Management Capital Project Funds 10,700,122
Transfer To Environmental Management Fund 1,320,000
Total Appropriation—Environmental Management Fund $26,044,805
Section 18: It is estimated that the following revenues will be available in the Environmental
Management Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022:
Charges for Services $18,240,662
Intergovernmental Revenue—Federal 2,572,400
Intergovernmental Revenue—State 565,000
Long Term Debt Issued 940,000
Interest on Investments 16,000
Other Revenues 467,000
Appropriated Fund Balance
Environmental Management Fund—Appropriated Fund Balance 514,874
Transfer from Other Funds
Transfer from Environmental Management Capital Reserve Fund 250,000
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Transfer from Environmental Management Closure/Post Closure Reserve Fund 1,070,000
Transfers from Environmental Management Fund 1,408,869
Total Estimated Revenues—Environmental Management Fund $26,044,805
Section 19:There is hereby levied a tax at the rate of forty-three and four one hundredths cents
($0.4304) per one hundred dollars ($100) valuation of property listed as of January 1, 2021 for General
Fund and four and forty-six one hundredths cents ($0.0446) per one hundred dollars ($100) valuation of
property listed as of January 1, 2021 for Debt Service Fund; for a combined total tax rate of forty-seven
and fifty hundredths cents ($0.4750) per one hundred dollars ($100) valuation of property listed as of
January 1, 2021, for the purpose of raising revenue included in "Ad Valorem Taxes" in the General Fund
in Section 2 and in the Debt Service Fund in Section 4 of this Ordinance.
This rate is based on an estimated total valuation of property for the purpose of taxation of
$47,916,072,500 and an estimated collection rate of 99.10%.
Section 20: There is hereby levied a tax at the rate of seven and twenty-five hundredths cents
($.0725) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2021,
located within the Special Fire District for the raising of revenue for said Special Fire District.
This rate of tax is based on an estimated total valuation of property for the purposes of taxation
of$18,350,500,000 and an estimated collection rate of 99.10%.
4 #
Section 21: All expenditures relating to obtaining the bond referendum and or installment
purchase will be reimbursed from bond proceeds and installment purchase proceeds in accordance with
the requirements of the United States Treasury Regulations Section 1.150-2.
Section 22: This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of
debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the
date which is sixty(60) days prior to the date hereof.
Section 23:All grants that are included in the adopted budget are deemed to be approved by the
Board of County Commissioners and will not come back to the Board for approval to apply for or to accept
the awarded grant unless it is specifically required by the Grantor. In the event an award is greater than
or less than the adopted budget, to the extent it is needed, a budget amendment will be brought to the
Board through the Consent Agenda for approval to adjust revenues and expenditures accordingly.
Section 24: The County Manager, and / or County Manager's designee, is hereby authorized to
transfer appropriations as contained herein under the following conditions:
a. He/she may transfer amounts between expenditure line items within a department without
limitation and without a report being required.
b. He/she may transfer amounts between appropriation units within the same budget function and
fund without limitation and without a report being required.
c. He/she may transfer medical insurance appropriations between functions, departments and
divisions within the same fund based upon usage.
d. He/she may not transfer any amounts between funds without approval by the Board of
Commissioners.
Section 25: As allowed by General Statutes 153A-11 and 153A-12, in order to facilitate and
expedite any donation of property to New Hanover County, either personal or real, the County Manager
is hereby expressly authorized and delegated the power to accept such property in his/her discretion
under the following conditions:
a. The County Manager, and / or county staff under the Manager's direction, shall undertake all
appropriate due diligence prior to accepting any gift to consider risks, liability, and
need/appropriateness.
b. The County Manager may accept a donation of real or personal property up to a value of$5,000
per item and $100,000 in aggregate per budget year without the necessity of further recourse to
Board action. Notwithstanding, the Manager may determine that certain donations and
recognitions be considered by the Board.
c. The County Manager may further delegate this authority to the Chief Financial Officer, and may
if he chooses, create any administrative policy for property donation.
Section 26: This ordinance and the budget document shall be the basis for the financial plan for
New Hanover County for the 2021-2022 fiscal year. The Budget Officer shall administer the budget. The
Chief Financial Officer shall establish and maintain all records which are in concurrence with this budget
and the budget ordinance and the appropriate statutes of the State of North Carolina.
Section 27: This ordinance incorporates acceptance of the various changes to the County fee
schedule as set forth and published beginning July 1, 2021.
Section 28: In accordance with 2 C.F.R. § 200.320(a)(1)(iv)(C), and the applicable provisions of
North Carolina law, New Hanover County hereby self-certifies the following micro-purchase thresholds:
a. $30,000,for the purchase of"apparatus, supplies, materials, or equipment"; and
b. $30,000,for the purchase of"construction or repair work"; and
c. $30,000,for the purchase of services not subject to competitive bidding under North
Carolina law; and
d. $50,000,for the purchase of services subject to the qualification-based selection process
4 in the Mini-Brooks Act(Article 3D of Chapter 143), but only where the unit of local
government exercises, in writing, an exemption to the Mini-Brooks Act for a particular
project pursuant to G.S. 143-64.32. Where the unit does not exercise an exemption to
the Mini-Brooks Act; provided that such threshold shall apply to a contract only if the
Unit has exercised an exemption to the Mini-Brooks Act, in writing,for a particular
project pursuant to G.S. 143-64.32. If the exemption is not authorized,the micro-
purchase threshold shall be $10,000.00.
Section 29: Copies of this Budget Ordinance shall be furnished to the Clerk to the Board of
Commissioners and to the Budget Officer and Chief Financial Officer of New Hanover County, North
Carolina,to be kept on file by them for their direction in the disbursement of funds.
ADOPTED,this 7th day of June 2021.
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Juli son-Bose an, Chair
B rd of County Commissioners
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Kym f rlei h G. Cro
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i Changes to Existing Fee Schedule Effective 07/01/2021
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New,Change,or
1 Department Fee Title Current Fee Proposed New Fee Eliminate
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Nuisance abatement
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1 contractor charges+the
,
nuisance abatement lessor of$300 or 15%of
' Repeat Offender-nuisance abatement contractor charges actual contractor charges Change
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/ Planning
Continuances: Prior to Advertising(Planning
4 Eliminate
Board) $ - $ _
1
Continuances: Prior to Advertising(County
_ Eliminate
Commissioners) $ 100.00 $
;
,
i Subdivision Review: Conventional $ 300.00 $ - Eliminate
TRC Review: Preliminary Plan $ - $ 300.00 New
'
Subdivision Review:Performance and High
, Eliminate
i Density $ 20.00 $ _
TRC Review:Final Plat $ - $20 per Lot New
TRC Review:Commercial Site Plan Review $ - $ 75.00 New
3
i Publications $ 59.00 $ - Eliminate
, Publications:2016 Comprehensive Plan $ - $ 40.00 New
Publications:Unified Development Ordinance
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(b/w) $ - $ 48.00 New
i
1
Health
1 Vaccine
1 90621-Trumenba-Menngococcal $ 140.00 $ 200.00 Change
1 90738-Ixiaro Japanese Encephalitis $ 325.00 $ 350.00 Change
'
.1 90685-Flu Vaccine $ 20.00 $ 30.00 Change
1 90686-Flu Vaccine $ 20.00 $ 30.00 Change
90688-Flu Vaccine $ 20.00 $ 30.00 Change
i
' 90661-Flu Vaccine $ 20.00 $ 30.00 Change
90674-Flucel vax $ 20.00 $ 30.00 Change
90662-Flu zone High Dose $ 35.00 $ 60.00 Change
,
3 Clinic
/ Services
,
1
3 J7297-Liletta(IUD) $ 800.00 $ 820.00 Change
.17298-Mirena IUD $ 900.00 $ 975.00 Change
i
17300-Paragard IUD $ 900.00 $ 920.00 Change
:
99201-New Patient Level I-Minimal Office Visit $ 63.00 $ _ Eliminate
3 99202-New Patient Level II-Problem Focus $ 94.00 $ 103.00 Change
1 99203-New Patient Level II-Expanded $ 133.00 $ 144.00 Change
1 99204-New Patient IV-Detailed $ 195.00 $ 210.00 Change
3
99205-New Patient V-Comprehensive $ 245.00 $ 260.00 Change
99383-New Patient/Well Exam/Health Check S-
11 Years $ 154.00 $ 167.00 Change
99384-New Patient/Well Exam/Health Check 12-
'
, 17 Years $ 169.00 $ 182.00 Change
i 99385-New Patient/Well Exam 18-39 Years $ 167.00 $ 180.00 Change
99211-Established Patient Level I-Minimal $ 35.00 $ 40.00 Change
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99212-Established Patient Level II-Problem Focus $ 57.00 $ 65.00 Change
3 99213-Established Patient Level III-Expanded $ 79.00 $ 87.00 Change
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3
99214-Established Patient Level IV-Detailed $ 123.00 $ 133.00 Change
99215-Established Patient Level V- Ch
Comprehensive $ 183.00 $ 196.00
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New,Change,or
Department Fee Title Current Fee Proposed New Fee Eliminate
99391-Established Patient Well Exam/Health
Check<1 Year $ 91.00 $ 100.00
Change
99393-Established Patient Well Exam/Health
Change
Check 5-11 Years $ 126.00 $ 137.00
99394-Established Patient/Well Exam/Health Change
Check/Family Planning 12-17 Years $ 146.00 $ 158.00
99395-Established Patient/Well Exam/Health Change
Check 18-20 Years/Family Planning 18-39 Years $ 142.00 $ 154.00
99396-Established Patient/Well Exam/Family Change
Planning 40-64 Years $ 158.00 $ 170.00
99397-Established Patient/Well Exam>65 Years $ 175.00 $ 188.00 Change
Other Clinic Services
T1OO1 Maternal Care Skilled Nurse Home Visit $ 88.00 $ 96.00
Change
T1002 TB Contro I Treatment $ 19.50 $ 25.00 Change
6158 Maternal Health and Behavior Int ervention
,individual, Change
initial30min $ 30.00 $ 65.00
99501 Postpartum Assessment Home Visit $ 60.00 $ 65.00 Change
99502 Newborn Assessment Home Visit $ 60.00 $ 68.00 Change
Lab Services
88175 90 Pap Smear $ 35.00 $ 40.00 Change
Eliminate
82553 90 CKMB(Creatinine Kinase,fraction only) $ 20.00 $ {
84436 90(T4,Total) $ 15.00 $ - Eliminate
84480 90(T3,Total) $ 25.00 $ - Eliminate
8448190 T3 Free $ 25.00 $ 25.00 New
Dental
D0120 Periodic oral evaluation $ 29.71 $ 33.00 Change
D0140 Limited oral evaluation-problem focused $ 39.35 $ 45.00
Change
D0150 Comprehensive oral evaluation- Change
new/established patient $ 49.50 $ 54.00
D0220 Intra oral-periapical first film $ 16.06 $ 21.00 Change
D0230 Introral-periapical each additional film $ 12.85 $ 18.00 Change
00240 Intraoral-occusal film $ 16.71 $ 22.00 Change
D0270 Bitewing-single film $ 11.86 $ 17.00 Change
D0272 Bitewing-two films $ 19.27 $ 25.00 Change
D0273 Bitewings-three films $ 26.91 $ 33.00 Change
D0274 Bitewings-four films $ 34.53 $ 40.00 Change
D0330 Panoramic Film $ 63.44 $ 70.00 Change
D470 Diagnositic casts $ 44.88 $ 52.00 Change
D1110 Prophylaxis-adult(14+) $ 38.89 $ 47.00 Change
D1120 Prophyaxis-child $ 28.05 $ 35.00 Change
D1208 Topical application of fluoride $ 16.98 $ 22.00 Change
D1351 Sealant-per tooth $ 32.92 $ 36.00 Change
D1354 Interim caries arresting medicament
application-per tooth $ 12.00 $ 16.00
Change
D2150 Amalgam 2 surfaces-primary or
permanent $ 100.00 $ 104.00 Change
D2330 Resin-based composite-one surface,
anterior $ 69.06 $ 77.00 Change
D2331Resin-based composite-two
surfaces,anterior $ 85.12 $ 94.00
Change
D2332 Resin-based composit e-three
surfaces,anterior $ 100.38 $ 110.00 Change
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New,Change,or
i Department Fee Title Current Fee Proposed New Fee Eliminate
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i D2335 Resin-based composite-four or more
,
Change
i surfaces or involving incisal angle $ 127.68 $ 139.00
3
3
i D2930 Prefabricated st ainless steel crown-
primary tooth $ 158.68 $ 164.00 Change
D2931Prefabricated stainless steel crown-
permanent tooth $ 165.00 $ 176.00 Change
,
i D2932 Prefabricated resin crown $ 179.31 $ 191.00 Change
.,
03220 Therapeutic pulpotomy(excluding final
. restoration) $ 85.92 $ 94.00 Change
! 03310 Root canal therapy-anterior(excluding
1 final restoration) $ 296.45 $ 318.00 Change
i
D3320 Root canal therapy-bicuspid(excluding
i
s final restoration) $ 350.35 $ 375.00 Change
D3330 Root canal therapy-molar(excluding final
I
; restoration) $ 428.51 $ 460.00 Change
1
D4341Periodontal scaling/root planing-four or
t
, more contiguous teeth per quad $ 105.11 $ 115.00 Change
-.
: D7111 Extraction,corona!remnants-deciduous
, tooth $ 53.90 $ 62.00 Change
s
,
1 07140 Extraction,erupted tooth or exposed root $ 66.55 $ 75.00 Change
, D7210 Surgi cal removal of erupted tooth $ 114.40 $ 125.00 Change
,
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J D7220 Removal of impacted tooth,soft tissue $ 129.90 $ 142.00 Change
D7230 Removal of impacted tooth,partially bony $ 174.46 $ 187.00 Change
i
D7250 Surgical removal of residual tooth roots
i
! (cutting procedure) $ 124.51 $ 136.00 Change
,
,
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D7270 Tooth reimplantation and/or stabilization Change
of accidentally evulsed/displaced $ 220.99 $ 238.00
!
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07280 Surgical access of an unerupted tooth $ 198.95 $ 214.00 Change
: D7450 Removal of benign odentegenic cyst or
1 tumor-lesion diameter up to 1.25 cm $ 185.50 $ 200.00 Change
1
i Building Safety
9
5E,M,P permits for minor work in Commercial
structures $ 100.00 $ 75.00 Change
Prior to final utility release*for Commercial
i
structures $ 50.00 $ 75.00 Change
Window replacement(in excess of$5,000)for
Residential $ 75.00 $ 60.00 Change
1
Miscellaneous Language edits Change of Language
1
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! Library
1 Overdue fees-Juvenile Materials .20/unit/day-$5 max $ - Eliminate
§
, Lost&Damaged Items $ List Price+$5 New
1
I Lost&Damaged Items-Book Binding Repair $ 6.00 $ Eliminate
i
, Lost&Damaged Items-Damaged Items $ - case by case New
I
' Copies-Microfilm $ 0.25 $ - Eliminate 1
! Meeting Rooms-except for Non-Profits $ - Eliminate 1
1
, Copies-Scan to Disk $ - Eliminte
i North Carolina Room-Digital Scan $ 5.00 Change of Language i
i
! Miscellaneous-Non-Resident Internet Access 1
. Eliminate
i
Card(30 days) $ 2.00 $ - Elmnate
I
Miscellaneous-Out of Town Research Copy costs+$5 $ - Eliminate
3
3
, Add to Schedule, i
-'
1 Miscellaneous-flashdrive $ 5.00 $ 5.00 currently being charged I
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I New,Change,or
t
i Department Fee Title Current Fee Proposed New Fee Eliminate
:-,
Add to Schedule,
= Miscellaneous-earbuds $ 1.00 $ 1.00 currently being charged
!
,
, Museum
Admission Fees:Museums for All $ - $ - New
Museum Outreach:Virtual:Student $ - $ - New
Museum Kits:Family Kit $ - $ 5.00 New
Scouts:Scout Participant $ 6.00 $ - Eliminate
Scouts:Adult Leader $ 6.00 $ - Eliminate
Scouts:Workshop(In-person and Virtual) $ 20.00 $ 10.00 Change
,
i Family Programs:Learning Center $ - $ - Eliminate
Family Programs:Cape Fear Skies $ - $ - Eliminate
Family Programs:Museum Carts $ - $ - Eliminate
1 Family Programs:Programs and Workshops $ - Varies New
Family Events $ 7.00 $ 5.00 Change
i
Parks
Echo Farms Pool:Children $ - $ 1.00 New
'
Echo Farms Pool:Adults $ - $ 3.00 New
, Echo Farms Pool:Swim Practive $ - $25/hour New
Equestrian Ring:No Lights $10/hour $ - Eliminate
Equestrian Ring:Lights $20/hour $ - Eliminate
I
Hugh MacRae Fees Hugh MacRae Long Leaf Park Change of Language
i
1
Environmental Management
1
1
1 Mattress Fee $48/ton+$5/mattress $48/ton+$10/mattress Change
, Sheetrock,Clean $ 48.00 $ 35.00 Change
Jump Starts $ - $ 20.00 New
Shingles-Clean $ 15.00 $ 30.00 Change
, 1: Pender Commerce Park Waste $ 50.00 $ 54.00 Change
1
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Stormwater t
I
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1!
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Developed Single Familty Residential Property-
, New
No County Stormwater permit,located in the
1 1
unicorporated area of New Hanover County $ - $1 per ERU per month g
,
E
o
!
Developed Single Familty Residential Property-
New
with County Stormwater permit,located in the $1 per ERU per month less
1 unicorporated area of New Hanover County $ - a 31%discount
1
!
amount of impervious area
iin square feet divided by
New
Developed Non-residential property-No County 4,000 then multiplied by 1 1
1
Stormwater permit,located in the unicorporated ERU multiplied by$1 per 1
i area of New Hanover County $ - month per ERU
1
f
,
1
, amount of impervious area
,
in square feet divided by
1
4,000 then multiplied by 1 New
Developed Non-residential property-with a ERU multiplied by$1 per 1
i County Stormwater permit,located in the month per ERU less a 31% ft
i
i unicorporated area of New Hanover County $ - discount s
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NEW HANOVER COUNTY, NORTH CAROLINA
Ordinance making appropriations to the Capital Projects Funds
for the Fiscal Year beginning July 1,2021
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina as follows:
Section 1: The following amounts are hereby made to the Bike and Pedestrian Paths Fund
pursuant to G.S. 159-13.2 for the fiscal year beginning July 1, 2021.
Project Appropriations
Ogden Park Bike Lane Connectors $ 25,000
South College Road Trail 570,000
North College Road Trail 570,000
Total Bike and Pedestrian Paths Fund Appropriation $ 1,165,000
Source of Revenue
Long Term Debt Proceeds $ 1,165,000
Total Estimated Revenues—Bike and Pedestrian Paths Fund $ 1,165,000
g I
Section 2: The following amounts are hereby made to the Capital Improvement Projects Fund
pursuant to G.S. 159-13.2 for the fiscal year beginning July 1, 2021.
Project Appropriations
Northern Regional Park Phase 2 $ 170,000
Ogden Park Maintenance Facility Expansion 23,000
Northern Regional Park Multi-Use Trail 450,000
Smith Creek Park Phase 2A 100,000
Hanover Pines Nature Park 2,335,000
Emergency Logistics Center/Fire Administration 7,447,240
Shelter Supply Storage Buildings 423,800
Incinerator with Shelter 135,374
Facility Replacement for Sheriff's Detectives/VICE 150,000
Total Capital Improvement Projects Fund Appropriation $ 11,234,414
Source of Revenue
Long Term Debt Proceeds $ 11,234,414
Total Estimated Revenues—Capital Improvement Projects Fund $ 11,234,414
Section 3: The following amounts are hereby made to the Fire Services Capital Project Fund
pursuant to G.S. 159-13.2 for the fiscal year beginning July 1, 2021.
Project Appropriations
Gordon Road Fire Station $ 835,000
Total Fire Services Capital Project Fund Appropriation $ 835,000
Source of Revenue
Long Term Debt Proceeds $ 835,000
Total Estimated Revenues—Fire Services Capital Project Fund $ 835,000
}
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Section 4:The following amounts are hereby made to the Southern Property Construction Fund
pursuant to G.S. 159-13.2 for the fiscal year beginning July 1, 2021.
Project Appropriations
New Landfill Entrance &Customer Convenience Site $ 2,800,000
Southern Property Closure Design Cells 7-15 300,000
Southern Property Construction Cells 11& 12A 4,650,000
Partial Cell Closure Cells 7/8A 2,950,122
Total Southern Property Construction Fund Appropriation $ 10,700,122
Source of Revenue
Transfer From Environmental Management Fund $ 10,700,122
Total Estimated Revenues—Southern Property Construction Fund $ 10,700,122
Section 7:The projects undertaken pursuant to this ordinance are in accordance with the County's
Capital Improvement Plan, the Recommended Budget and any changes made during the County
Commissioners' budget work sessions and these projects are herewith authorized and the remaining four
years of the Capital Improvement Plan are endorsed by the Board for approval in subsequent fiscal years.
� I
Section 8: The Chief Financial Officer is hereby directed to maintain within the Capital Project
Funds sufficient specific detailed accounting records to satisfy all applicable regulations. The terms of
the financing agreement also shall be met.
Section 9:The County desires to expend its own funds for the purpose of paying certain costs of
various projects, for which expenditures the County reasonably expects to reimburse itself from the
proceeds of debt to be incurred by the County.
Section 10: All expenditures relating to obtaining the bond referendum and or installment
purchase will be reimbursed from bond proceeds and installment purchase proceeds in accordance
with the requirements of the United States Treasury Regulations Section 1.150-2.
Section 11: This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of
debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the
date which is sixty(60) days prior to the date hereof.
Section 12: The County intends to seek Federal, State, and/or other grant funding to reduce the
amount of loan proceeds. The adoption of this ordinance authorizes the County Manager and/or his
representative to apply for and accept such funding if awarded.
'4
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Section 13: This project ordinance shall be entered in the minutes of the Board of Commissioners
of New Hanover County. Within five days hereof,copies of this ordinance shall be filed with the finance
office in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover
County.
ADOPTED,this 7th day of June 2021.
r
Jul' Ison-Roseman, •
, B and of County Commissioners
,II 4 l i .'/ g0- Al. ' l /
if berleigh G. fit well, Clerk to the Board otsNry.
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Exhibit
Book A.ttk Page to• to
Article 7. Stormwater Management
Section 7.1 . Title
This Article may be cited as the New Hanover County Stormwater Management Ordinance."
Section 7.2. Purpose
ti The purpose of this article is to protect and promote the health, safety and general welfare of
the public; and to safeguard the natural and manmade resources of the County by regulating
stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon
existing and proposed development activities and establishing procedures by which these
requirements and conditions are to be administered and enforced.
Section 7.3. Authority and Jurisdiction
A. The provisions of this article are adopted under the authority granted by the General
Assembly of North Carolina.
B. The regulations set forth in this article shall be applicable to all territory within the
unincorporated areas of the County.
Section 7.4. Objectives
The objectives of this article are to:
A. Establish the County's stormwater management program;
B. Identify areas prone to flooding;
C. Prevent the creation of new flood prone areas;
D. Reduce the discharge of stormwater runoff to the maximum extent practicable by
controlling discharge rates;
E. Reduce erosion associated with stormwater runoff;
F. Provide for the inspection and proper maintenance of structural and nonstructural
stormwater control measures and;
G. Provide for the enforcement of the County's stormwater management program in the
unincorporated portions of the County.
Section 7.5. Incorporation of Design Manual by Reference
The New Hanover County Stormwater Design Manual, as approved by the New Hanover County
Board of Commissioners, with subsequent amendments approved by the County Manager, is
adopted by reference as part of this article and shall be available through the Engineering
Department.
Stormwater Ordinance I New Hanover County, NC 7-1
I I
Section 7.6. Definitions
For the purpose of this Article, the following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
APPLICANT
The owner of a site who submits a plan for a project pursuant to this article.
APPLICATION
The application form to be submitted by applicant for a plan for a project pursuant to this article.
STORMWATER PERMIT
The County will issue a Stormwater Permit following the satisfactory review of the application form
and supporting documents demonstrating the applicant has satisfied the requirements of this
article.
BEST MANAGEMENT PRACTICE(BM P)
A structural or nonstructural management-based practice used singularly or in combination to
reduce flow and/or nonpoint source pollution inputs to receiving waters to achieve stormwater
management goals. (see also Storm water Control Measure and Facility)
BUILT-UPON AREA
Impervious surface and partially impervious surface to the extent that the partially impervious
surface does not allow water to infiltrate through the surface and into the subsoil including but not
limited to buildings, pavement, gravel, tennis and basketball courts, etc. "Built-upon area" does
not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as
designated by the American Society for Testing and Materials, laid at least four inches thick over
a geotextile fabric; a pedestrian trail as defined in NC G.S. 113A-85 that is either unpaved or
paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001
centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited
to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic
or on portions of driveways and parking areas that will not be compacted by the weight of a
vehicle, such as the area between sections of pavement that support the weight of a vehicle.
CERTIFICATE OF COMPLETION
A signed, sealed and dated certificate prepared by an authorized design professional which states
that the construction authorized by the Stormwater Permit as issued by the County has been
completed.
CERTIFICATE OF OCCUPANCY
The certificate from the County inspections department allowing the occupancy of a building.
COMMON PLAN OF DEVELOPMENT
A site where multiple separate and distinct development activities may be taking place at different
times on different schedules but governed by a single development plan regardless of ownership
of the parcels. Information that may be used to determine a "common plan of development"
include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings,
zoning requests, and infrastructure development plans.
CONNECTION
Any ditch, pipe or other device for the diversion or transmission of storm drainage which will in
any way affect the operation or maintenance of the receiving stormwater conveyance.
7-2 New Hanover County, NC I Stormwater Ordinance
DESIGN PROFESSIONAL
The individual meeting North Carolina occupational licensing requirements who designs the
proposed stormwater system.
DETENTION
The collection and storage of stormwater runoff with subsequent discharge to surface waters.
DEVELOPED LAND
Parcels altered from a natural state by construction or installation of impervious surfaces. For new
construction,the County shall consider parcels developed upon the issuance of a Land Disturbing
Permit or Building Permit or Stormwater Permit or Certificate of Occupancy Stormwater Permit
pursuant to this article.
DEVELOPER
A person engaged in land, site or building development.
DEVELOPMENT
Any activity for which a building permit or a land disturbing permit is required, or where any land
disturbing activity occurs, and that does not provide greater or equal stormwater control to that of
the previous development.
DRAINAGE NUISANCE
The unapproved obstruction of swales, ditches, culverts, pipes or other stormwater conveyances
and includes Stormwater Control Measures and associated conveyances that are not performing
as designed.
DRAINAGE PLAN
For development not requiring a stormwater permit, a plan showing existing drainage features,
direction of stormwater runoff and details demonstrating how existing drainage patterns will be
maintained.
EXCAVATION
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar
material is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING DEVELOPMENT
Development that, prior to the effective date of this ordinance, has either been lawfully constructed
or has established a vested right under North Carolina law to construct a proposed project or
portion thereof. With regard to application of this ordinance, a vested right will be recognized as
follows:
A. For development that does not require a state permit, a vested right shall exist for any
portion of a development that has an approved or a completed written or subdivision plat
covering that portion. A"completed application" is one that meets all application
requirements, including payment of all required fees and submission of all required
information, prior to the effective date of this ordinance. A vested right shall expire if the
validity of an approved or completed application or approval is not continuously
maintained as otherwise required under this Article.
B. For development that requires a state permit, vested rights shall be recognized if the
project meets all the requirements of A) above, and additionally has received necessary
state permits required for the use or for construction.
FACILITY
A structural stormwater management-based measure used singularly or in combination to reduce
flow to receiving waters to achieve stormwater management goals, and shall include all land,
Stormwater Ordinance I New Hanover County, NC 7-3
materials, and appurtenances used in construction and operation of the facility. Facilities may
include, but are not necessarily limited to, constructed wetlands, infiltration systems, retention
ponds, detention ponds, grassed swales, and ditches. (see also Best Management Practice and
Storm water Control Measure)
FILL
Any act, or the conditions resulting therefrom, by which soil, earth, sand,gravel, rock or any similar
material is deposited, placed, pushed, pulled or transported.
FLOODPLAIN
Any area susceptible to being inundated by water from any source. All development activity
governed by this article shall be evaluated for the flood conditions anticipated for the 100-year
frequency storm.
GRADING
Any act causing disturbance of the earth. Grading shall include but not be limited to any
excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any
combination of such activities.
IMPERVIOUS
Any material that impedes or prevents the natural filtration of water into the soil.
IMPERVIOUS SURFACE
Developed areas of land that prevent or significantly impede the infiltration of Stormwater into the
soil. Typical impervious surfaces include, but are not limited to: roofs, sidewalks, walkways,
patios, swimming pools, private driveways, parking lots, access extensions, alleys and other
paved,engineered, compacted or gravel surfaces containing materials that prevent or significantly
impede the natural infiltration of Stormwater into the soil.
IMPERVIOUSNESS
The degree to which a site is impervious.
INFILTRATION
The recharge of stormwater runoff into the subsurface soil.
LAND DISTURBING ACTIVITY
Any earth movement and land use changes which may result in soil erosion or the movement of
sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading,
excavating, stripping, filling and related activities, and the covering of land surfaces with any
structure, impermeable, or partially-impermeable material. Mowing and bush hogging operations,
which does not disturb the root mat, shall not be considered land-disturbing activity.
NATURAL GROUND SURFACE
The ground surface in its original state before any land disturbing activity.
NATURAL STATE
Existing undeveloped land where the soil and vegetation characteristics have not been
substantially modified or disturbed by human activities and the hydrologic function is in an
unaltered or natural condition.
OFF-SITE FACILITY
With respect to any particular property, a stormwater management facility serving the property
but not located on the property.
7-4 New Hanover County, NC I Stormwater Ordinance
ON-SITE FACILITY
With respect to any particular property, a stormwater management facility serving such property
and located on such property.
OWNER
The owner or owners of a site on which land disturbing activity is, will or has been done.
PERMIT
Any and all permits required by federal, state and local ordinances and regulations.
PERMITTEE
Any person to whom a permit is issued.
PERSON
Any individual, corporation, partnership, joint venture, agency, unincorporated association,
municipal corporation, County, state or federal agency, or any combination thereof.
PHASED DEVELOPMENT
The development of land by phasing over an extended period of time.
POST-DEVELOPMENT STATE
A site in its proposed condition following the completion of a development activity.
PREDEVELOPMENT STATE
A site in its natural state prior to any development activity.
REDEVELOPMENT
The substantial modification of an existing developed area. Redevelopment does not include
projects limited strictly to interior remodeling. When additional development occurs at a site that
has existing development, the built-upon area of the existing development shall not be included
in the density calculations for additional stormwater control requirements, and stormwater control
requirements cannot be applied retroactively to existing development.
RETENTION
The collection and storage of stormwater runoff without subsequent discharge to surface waters.
SEDIMENT CONTROL(LAND DISTURBANCE) PERMIT
The sediment control permit issued by the County or the state authorizing land disturbing activities
in accordance with applicable ordinances and regulations.
SITE
That portion of land, lot, or parcel of land, or combination of contiguous lots or parcels of land
upon which development is to be performed.
STORM FREQUENCY
The average recurrence interval, in years, between rainfall events which equal or exceed the
given event. (Example: A two-year frequency storm is a storm of an intensity expected to occur
on the average, at least once in two years, and of a duration which will produce the peak rate of
runoff for the watershed of interest).
STORMWATER CONTROL MEASURE(SCM)
A device or practice that is designed to alter or reduce runoff velocity, amount, timing, or other
stormwater characteristics and/or trap, settle out, filter, or otherwise reduce pollutants from
stormwater runoff. The term includes all measures formerly known as "best management
practices"or"BMPs". Such measures include but are not limited to stormwater detention facilities,
constructed wetlands, bioretention areas, sand filters, rainwater harvesting systems, vegetative
Stormwater Ordinance I New Hanover County, NC 7-5
areas, level spreaders, filter strips, buffers, vegetated swales, and appurtenant drainage facilities.
(see also Best Management Practice and Facility)
STORMWATER CONVEYANCE
Any feature of the landscape or earth, manmade or natural, whose primary purpose is to carry
stormwater in a concentrated flow. It does not include stormwater control measures, best
management practices, and stormwater facilities whose purpose is to manage the quantity or
quality of stormwater.
STORMWATER DESIGN MANUAL
The current New Hanover County Stormwater Design Manual available from the Engineering
Department.
STORMWATER DISCHARGE
Runoff of water resulting from precipitation in any form.
STORMWATER MANAGEMENT
Qualitative and quantitative measures for controlling stormwater runoff. Qualitative controls
consist of vegetative, structural and other measures which control or treat pollutants carried by
runoff. Quantitative controls consist of vegetative and structural measures which control the
increased volume and rate of surface runoff caused by manmade changes to the land and have
the effect of maintaining the predevelopment patterns of flood magnitude and frequency.
STORMWATER MANAGEMENT PLAN
A plan designed in accordance with the County stormwater design manual to minimize flooding,
water quality impacts and erosion, prevent off-site sedimentation and manage stormwater runoff,
submitted as a prerequisite to obtaining a Stormwater Permit. The plan shall be prepared and
designed in accordance with this article, all other County regulations, and applicable state and
federal laws and regulations.
STORMWATER SYSTEM
All manmade structures or natural features within the County that serve to provide for conveyance
of stormwater runoff water resulting from natural storm events. Components of the stormwater
system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs,
culverts, manholes, swales, inlet structures and infiltration fields.
SUPPORTING DOCUMENTS
Plans, profiles, details, specifications, calculations, deeds, easements, covenants, operation and
maintenance plans, maps delineating the 404 wetlands on the site signed by the U.S. Army Corps
of Engineers, soils investigation data, and other such material as may be required by the County
to review the application for Stormwater Permit for a project pursuant to this article.
UNDEVELOPED LAND
Land that does not meet the definition of developed land.
WATERCOURSE AND DRAINAGEWAY
Any natural or artificial feature, including, but not limited to: streams, rivers, creeks, ponds, lakes,
ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes in
which waters flow in a definite direction or course, either continuously or intermittently; and
including any area adjacent thereto which is subject to inundation by reason of overflow of
floodwater.
WETLANDS(404 WETLANDS)
Those areas defined by the U.S. Army Corps of Engineers as jurisdiction 404 wetlands.
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7-6 New Hanover County, NC I Stormwater Ordinance
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Section 7.7. Policies
A. County's Role: The County has a role in the management of stormwater through
authorization, planning, construction, operation, and maintenance of facilities to reduce
the adverse effects of stormwater runoff and to satisfy state and federal statutes and
regulations. It is the intent of the County for Stormwater Services to ensure proper
conveyance of stormwater through provision of drainage maintenance for some portions
of stormwater conveyances on private property in accordance with administrative
policies.
B. Property owner responsibility: Although the County Stormwater Services intends to
provide drainage maintenance on private property, it shall remain the ultimate
responsibility of individual property owners of developed or undeveloped land within the
unincorporated areas of the County, to maintain stormwater conveyance facilities, such
as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts,
and stormwater control facilities, such as ponds and lakes within their property. Where
conditions of existing stormwater facilities are determined to be deficient or a public
nuisance, and the property owner fails to correct the deficiencies after being notified by
the County, the County may arrange for the deficiencies to be corrected and recover all
costs thereto from the property owner. However, the recovery of costs from property
owners is subject to appeal as described in Section 7.17.
C. Limitations of article: This article does not imply that properties within the
unincorporated area shall always be free from flooding or flood damage, surface water
stagnation or nonpoint source pollution or that all flood control and water treatment
projects to control the quantity and quality of runoff can be cost-effectively constructed.
Nothing in this article shall create additional duties on the part of the County or hold the
County liable for any damages incurred in a flood or from adverse water quality due to
stormwater runoff. Nothing in this article shall waive the County's immunity or defenses
under state law or reduce the need or necessity for flood insurance.
D. Consistency with county, state, federal rules and regulations: The requirements of
this article shall be enacted, administered, and enforced consistently with the
requirements of the County, state and federal government for controlling stormwater
quality and quantity. If the requirements of this article are found to conflict with other
rules and regulations of the County, the state, or the federal government, the more
stringent or higher requirements shall govern unless limited by state or federal law.
Section 7.8. Development Plans and Permits
Stormwater Management Standards: All land within the unincorporated areas of the County to
be developed shall have sufficient stormwater conveyances and control measures to ensure the
protection of life, property, and natural resources from increased quantity of runoff.
Development subject to this article shall, at a minimum, provide stormwater conveyances
designed to properly convey stormwater runoff for post-development conditions during the 2-
year, 10-year, and 25-year frequency storm events and shall provide adequate stormwater
control measures to mitigate the increased runoff from the post-development conditions during
the 2-year, 10-year, and 25-year frequency storm events such that the discharge rate leaving
the development in post-development condition does not exceed the pre-development rates.
A. Drainage Plan Requirement: Submittal and approval of a Drainage Plan is required for
all development unless all of the following conditions are met.
Stormwater Ordinance I New Hanover County, NC 7-7
1. The development does not result in additional built upon area;
2. The development does not include the importation of any fill material;
3. The development does not alter the capacity or pattern of any existing drainage
conveyance systems or involve the piping of any open conveyance; and
4. The development provides greater or equal stormwater control to that of the
previous development.
It is the responsibility of an applicant to provide sufficient information in the Drainage
Plan so the County or its agents may reasonably evaluate the characteristics of
stormwater modifications, the potential and predicted impacts of the proposed activity
on adjacent areas, and the effectiveness and acceptability of those measures
proposed by the applicant for reducing adverse impacts. The applicant shall provide,
as necessary, maps, tables, photographs, narrative descriptions and explanations to
demonstrate compliance with the County's stormwater management standards.
The Drainage Plan need not be prepared by a registered design professional.
However, the County will consider plans and additional alternatives to meet the
stormwater requirements if prepared by a registered design professional. An on-site
meeting with the County Engineer or his/her designee is strongly encouraged prior to
plan preparation.
The Drainage Plan shall be submitted as part of the application for a building permit or
land disturbing permit.
B. Stormwater Permit Requirement: A Stormwater Permit and Stormwater Management
Plan are required for any development activity that will result in the accumulation of
10,000 square feet or more of built upon area on any site or as part of a common plan of
development. A one-time exemption may be granted for the addition of 3,000 square
feet of built upon area when the existing built upon area exceeds 10,000 square feet or
will exceed 10,000 square feet upon the addition of 3,000 square feet of new built upon
area.
• Required stormwater control measures shall be designed, constructed and
maintained by the owner of the property in accordance with the provisions of
this article.
• The County Engineer may require submittal of a stormwater impact analysis
and additional stormwater control measures for development at or upstream of
documented flooding cases or where stormwater runoff from the site may
cause adverse effects on other public or private properties. The stormwater
impact analysis shall evaluate downstream conditions and make design
recommendations for improvements to maintain adequate stormwater
management per this article. Analysis must be conducted to the next
downstream facility(i.e., NCDOT culvert or natural water body).
Section 7.9. Plan Review
A. The application and supporting documents shall be reviewed by the County or its
agents. Upon satisfactory review of the application form and supporting documents
whereby the County finds that the application and supporting documents are consistent
with the requirements of the ordinance from which this article is derived, the County will
issue a Stormwater Permit. If no action is taken by the County within the time limits
7-8 New Hanover County, NC I Stormwater Ordinance
specified in the design manual, the project will be deemed to have been approved and
the County will take appropriate action.
B. The review of the application and supporting documents by the County shall determine if
the request submittal is complete and in accordance with the requirements of the
ordinance from which this article is derived. Nothing in the review shall create additional
duties on the part of the County that are the responsibilities of the owner and the design
professional.
Section 7.10. Operation and Maintenance
The owner shall be responsible for the operation and maintenance of required permitted
stormwater control facilities and conveyances serving those facilities. If repairs are needed to
the stormwater facilities and associated conveyances, the owners of record, as ascertained
from the County tax record or other public documents that the County personnel may choose to
examine, shall be responsible for making the repairs.
Section 7.11. Transfer of Ownership
A. Transfer of ownership authorization for stormwater control facilities falling within
common areas of a development: Ownership of stormwater control facilities falling
within the common areas of a development shall not be transferred without the written
authorization of the County. The application form to transfer ownership may be obtained
from County Engineering. The application fee for requesting authorization to change
ownership shall be based on a fee schedule approved by the County Board of
Commissioners.
B. Transfer of ownership of stormwater control facilities not falling within common
areas of a development: Ownership of stormwater control facilities, including, but not
limited to grassed swales, ditches and water-carrying devices, that fall within the deeded
areas of an individual parcel or home site, shall not be transferred with the passing of a
general warranty deed without the written authorization of the County. The deed
restrictions are to state that the owner will continue to operate and maintain the facilities
in accordance with the conditions, obligations and duties of the Stormwater Permit and
the ordinance from which this article is derived. Acceptance of the general warranty
deed shall be a certification that the proposed owner(s)will continue to operate and
maintain the stormwater control facilities in accordance with the conditions, obligations
and duties of the Stormwater Permit and the ordinance from which this article is derived.
Section 7.12. Variance Requests
A design variance from the requirement to provide management of post-development runoff of
this article must be requested in advance in writing. A final permit will be issued to the applicant
subject to verification and certification by the County Engineer that the final design meets the
requirements identified in the original written variance request. All other provisions of the article
remain applicable to development within the unincorporated areas.
Stormwater Ordinance I New Hanover County, NC 7-9
Section 7.13. Right of Entry
A. The County shall have right-of-entry on or upon the property of any person subject to
this article and any construction authorization issued under this article. The County shall
be provided ready access to all parts of the premises for the purposes of inspection,
monitoring, sampling, inventory, records examination and copying, and the performance
of any other duties necessary to determine compliance with this article.
B. Where a person has security measures in force which require proper identification and
clearance before entry into its premises, the person shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification, the County
will be permitted to enter without delay for the purposes of performing specific
responsibilities.
C. The County shall have the right to set up on the person's property such devices as are
necessary to conduct sampling and/or metering of the person's operations as it applies
to this article.
D. Any temporary or permanent obstruction to safe and easy access to the areas to be
inspected and/or monitored shall be removed promptly by the person at the written or
verbal request of the County. The costs of clearing such access shall be borne by the
person.
E. The County may inspect the facilities of any user to ensure compliance with this article.
Such inspection shall be made with the consent of the owner, manager or signatory
official. The County may seek issuance of an administrative search warrant if such
consent is refused.
Section 7.14. Violations
Any of the following shall be a violation of this article and shall be subject to the enforcement
remedies and penalties provided by this article and by state law.
A. Development without permit: to engage in any development or redevelopment, subject
to the jurisdiction of this article without all required certificates or other forms of
authorization as set forth in this article.
B. Development inconsistent with permit: to engage in any development, use,
construction, remodeling or other activity of any nature in any way inconsistent with any
approved required certificate or other form of authorization granted for such activity.
C. Violation by act or omission: to violate, by act or omission, any term, variance,
modification, condition or qualification placed by the County or its agent boards upon any
required permit, certificate or other form of authorization of the use, development or
other activity upon land or improvements on the land.
D. Use in violation: to erect, construct, reconstruct, alter, repair, convert, maintain or use
any building or structure, or to use any land in violation or contravention of this article or
any other regulation made under the authority conferred by this article.
E. Continuation: to continue any of the violations listed in subsections (A)through (D) of
Section 7.14 is a separate and distinct offense for each day.
7-10 New Hanover County, NC ( Stormwater Ordinance
Section 7.15. Public Nuisances
A. Drainage Nuisances: The following conditions shall constitute a detriment, danger and
hazard to the health, safety, morals and general welfare of the inhabitants of the County
and shall be public nuisances wherever such conditions may exist. The creation,
maintenance or failure to abate any nuisance is hereby declared unlawful.
1. Any condition which blocks, hinders or obstructs in any way the natural flow of
branches, streams, creeks, surface waters, ditches or drains to the extent that
any impacted property is not free from standing water.
2. Any conditions whereas earth, sediment, or other natural or man-made material
is placed, washes or erodes onto a natural or manmade swale, ditch, pipe,
channel or water body, either on or off-site, so as to block, hinder, impair or
obstruct positive water flow, in the reasonable discretion of the County
Engineer.
3. Flooding caused by improper or inadequate drainage from
private property which interferes with the use of, or endangers in any way
the streets, sidewalks, parks or other county owned property of any kind
provided that such determination shall be made by the County Engineer.
4. Any collection of stagnant water for which no adequate drainage is provided
and which is, or is likely to become, a nuisance.
5. Any stormwater retention or impoundment device determined to be operating
improperly by the County Engineer or his designee.
B. Notice to abate; emergency abatement by County: If any person shall violate the
provisions of this article, it shall be the duty of the County to give notice to the owner or
to any person in possession of the subject property, directing that all unlawful conditions
existing upon the property be abated within ten days from the date of such notice or
within ten days from the date of a final decision if appealed to the County Manager or
designee. If the County determines that the unlawful condition poses an imminent
danger or peril to the public, then an authorized representative of the County may,
without notice, proceed to abate the unlawful condition. The cost thereof shall be
charged against the property as a lien collectible in the same manner as ad valorem
taxes.
C. Abatement by County where owner fails to abate: Upon the failure of the owner or
person in possession of any premises to abate within ten days any unlawful condition
existing on the premises, it shall be the duty of an authorized representative of the
County to cause the removal and abatement of such unlawful condition.
Section 7.16. Enforcement
Any or all of the following procedures may be used to enforce the provisions of this article.
A. Injunction. Any violation of this article or of any condition, order, requirement or remedy
adopted pursuant hereto may be restrained, corrected, abated, mandated or enjoined by
other appropriate proceeding pursuant to state law.
B. Civil penalties. Any person who violates any provisions of this article shall be subject to
the assessment of a civil penalty.
Stormwater Ordinance I New Hanover County, NC 7-11
C. Denial of permit. The County shall withhold or deny any permit, certificate or other
authorization on any land, building, structure or use in which there is an uncorrected
violation of a provision of this article, or of a condition or qualification of a previously
granted permit, certificate or other authorization.
D. Conditional permit or temporary certificate. The County may condition the
authorization of any permit or certificate upon the correction of the deficiency, payment of
civil penalties within a specified time, or the posting of a compliance security approved by
appropriate government authority.
E. Revocation of permit. The County may revoke and require the return of a permit or
certificate by notifying the permit holder in writing, stating the reason for the revocation.
Permits or certificates shall be revoked for any substantial departure from the approved
application plans or specifications; refusal or failure to comply with the requirements of
state or local law; or for false statements or misrepresentations made in securing the
permit or certificate. Any permit or certificate mistakenly issued in violation of any
applicable state or local law may also be revoked.
F. Criminal penalties. Any violation of this article shall be a misdemeanor or infraction as
provided by NCGS 14-4. Each violation shall be subject to a fine not to exceed $500.00.
G. Judicial enforcement. When any person is in violation of the provisions of this article, the
County, through the County attorney, may petition the superior court of justice for the
issuance of a restraining order or a preliminary and permanent injunction which restrains
or compels the activities in question.
Section 7.17. Appeals
A. Any Person subject to an administrative decision or enforcement under this article may
appeal such decisions or enforcement actions to the County Engineer.
B. Any person assessed a civil penalty or ordered to abate a nuisance under this article
shall have the right to a hearing before the County Manager or the Manager's designee
upon making a written demand to the County Manager specifying the issues to be
contested, within 14 days following receipt of the assessment or abatement notice.
C. Unless such written demand is made within the time specified in subsection (a) of this
section, the action shall be final and binding.
D. The County Manager or the Manager's designee shall make a final decision on the
contested penalty or abatement notice within 30 days of the receipt of the written
demand for a hearing.
E. The County Manager or the Manager's designee shall transmit a copy of the decision by
registered or certified mail.
F. The decision of the County Manager or the Manager's designee shall be considered the
final administrative action for the purposes of judicial review. However, a person
assessed a penalty or ordered to abate a nuisance may petition the board of County
commissioners requesting review of the County Manager's final decision. The petition
must be presented to the clerk of the board within five days following receipt of the
County Manager's final decision. Any review by the board shall be solely at its discretion.
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7-12 New Hanover County, NC I Stormwater Ordinance
Section 7.18. Judicial Review
Any person may seek judicial review of a final administrative decision by the County Manager or
the Manager's designee by filing a petition for writ of certiorari within 30 days after receipt of notice
by registered or certified mail, but not thereafter, with the superior court of the County and with a
copy to the County Manager.
Section 7.19. Severability
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and effect.
Section 7.20. Effective Date
ADOPTED this the 'day of(Juiv_, 2021.
New Hanover County
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Clerk to the Board
Stormwater Ordinance I New Hanover County, NC 7-13