Agenda Packet - Currituck County

Transcription

Board of Commissioners
Agenda Packet
February 2, 2015
Currituck County
Page 1
Updated 2/2/2015 5:37 PM
Agenda
February 2, 2015
6:00 PM Work Session
Closed Session Pursuant to G.S. 143-318.11(A)(3) to Consult with the County Attorney in
Order to Preserve the Attorney-Client Privilege.
7:00 Call to Order
A) Invocation - Reverend Bill Masciangelo, Moyock United Methodist Church
B) Pledge of Allegiance - Reverend Bill Masciangelo
C) Approval of Agenda
D) Public Comment
Please limit comments to matters other than those appearing on this agenda as a Public
Hearing. Public comments are limited to 3 minutes.
Administrative Reports
A) Albemarle Commission Stewardship Report
Public Hearings
A) PB 14-24 the Currituck Shooting Club Request for a Use Permit to operate an
outdoor shooting range located at 913 Caratoke Highway, Tax Map 15, Parcels 31
and 32B, Moyock Township.
B) PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II) Request for
preliminary plat/use permit approval for 36 residential lots located within Corolla
Bay on the west side of NC 12 as a southern extension of Cruz Bay Court in
Corolla, Tax Map 115, Parcel 3XB, Poplar Branch Township.
New Business
A) Sexually Oriented Businesses Amendment
B) Ground Lease at Maple Commerce Park with Sysco Hampton Roads, Inc.
C) Consent Agenda
1. Approval Of Minutes
2. Budget Amendments
3. East Carolina Behavioral Health Quarterly Fiscal Report
4. Report of Unpaid Taxes
D) Commissioner's Report
E) County Manager's Report
Adjourn
Currituck County
Page 2
Updated 2/2/2015 5:37 PM
Currituck County
Agenda Item Summary Sheet
Agenda ID Number – (ID # 1034)
Agenda Item Title
Closed Session Pursuant to G.S. 143-318.11(A)(3) to Consult with the County Attorney in Order to
Preserve the Attorney-Client Privilege.
Brief Description of Agenda Item
Closed Session pursuant to G.S. 143-318.11(a)(3) to consult with the County Attorney in order to
preserve the attorney-client privilege.
Board Action Requested
Discussion
Person Submitting Agenda Item
Leeann Walton, Clerk to Board
Presenter of Agenda Item
Packet Pg. 3
2.A
Currituck County
Agenda Item Title
Albemarle Commission Stewardship Report
To present background information on the Albemarle Commission, as well as a
stewardship report which will illustrate the return on the funds the County allocates to
the Commission on an annual basis for the following services:
1. Senior Nutrition
2. Area Agency on Aging
3. Rural Planning Organization
4. Economic Development & Administration
Information
Packet Pg. 4
2.A.a
Cathy Davison, ICMA-CM
Executive Director
MEMORANDUM
To:
Currituck County Board of Commissioners
From:
Cathy Davison, ICMA-CM, Executive Director
Date:
January 26, 2015
Subject:
Albemarle Commission’s Stewardship Report to Currituck County
I will be presenting background information on the Albemarle Commission, as well as a
stewardship report which will illustrate the return on the funds the County allocates to
the Commission on an annual basis for the following services:
1.
2.
3.
4.
Senior Nutrition
Area Agency on Aging
Rural Planning Organization
Economic Development & Administration
The Albemarle Commission is the Albemarle Region’s Council of Government whose
mission is to improve the ability of our member governments to enhance the quality of
the lives of the citizens and businesses in the Region through direct services and
assistance in planning, program development and management, public-private
partnerships and leadership, including economic and community development, regional
transportation planning, small business loans, meals at congregate sites and to
homebound seniors, caregiver and senior ombudsman support, as well as senior games
and senior quality of life training, proudly serving the Northeastern North Carolina
Counties and Municipalities of: Camden, Chowan, Currituck, Dare, Gates, Hyde,
Pasquotank, Perquimans, Tyrrell and Washington, Edenton, Elizabeth City, Gatesville,
Hertford, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Plymouth, Roper, Southern
Shores and Winfall.
512 South Church Street P.O. Box 646 Hertford, NC 27944 Phone: 252-426-5753 Fax: 252-426-8482 www.albemarlecommission.org
Proudly serving Northeastern NC Counties and Municipalities: Camden, Chowan, Currituck, Dare, Gates, Hyde, Pasquotank, Perquimans, Tyrrell,
Washington, Columbia, Creswell, Duck, Edenton, Elizabeth City, Gatesville, Hertford, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Plymouth,
Roper, Southern Shores, and Winfall
Packet Pg. 5
Attachment: Albemarle Commission Stewardship Report (1035 : Albemarle Commission Stewardship Report)
Bob Woodard, Sr.
Board Chair
2.A.b
Bob Woodard, Sr.
Board Chair
FY 2014- Service Totals for Currituck County
Service Provided
Units of Service
(Meals, Trips, Hours
of Service, etc.)
Number of Clients
Receiving Services in
Currituck County/Funding
Provided
9,591
9,859
67
219
0
2,176
177 days
3,766
11
0
0
0
24
3
31
9
0
0
0
0
22
0
Workforce Development
Youth Program Services
On the Job Training
Incumbent Worker Training
2
0
4
$4,600
0
RPO Planning Services
1
1
0
1
0
1
Senior Nutrition
Home Delivered Meals
Congregate Meals
Area Agency on Aging
Medical Transportation
General Transportation
Adult Day Health Care
In-Home Aide (hours)
Legal Aide (hours)
Respite Services (hours)
Family Caregiver Supplemental
Services (hours)
Senior Games (Participants)
Incontinent Supplies
Economic Development
Planning/Administration
Single Family Rehabilitation
Economic Development, Grant
Administration, Advocacy,
Strategic Planning, Meeting
Facilitation, Quarterly County
Manager Meetings, Policy
Review and Analysis
TOTAL PAID BY THE COUNTY
25,584.00 units of
service
County’s Share for
Provided Services
$45,418.00
$17,373.00
$0.00
$0.00
$0.00
$4,048.00
$15,707.00
381 services received
$4,600.00 funds received
$82,546.00
$3.23 per unit of
service
512 South Church Street P.O. Box 646 Hertford, NC 27944 Phone: 252-426-5753 Fax: 252-426-8482 www.albemarlecommission.org
Proudly serving Northeastern NC Counties and Municipalities: Camden, Chowan, Currituck, Currituck, Gates, Hyde, Pasquotank, Perquimans,
Currituck, Washington, Columbia, Creswell, Duck, Edenton, Elizabeth City, Gatesville, Hertford, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head,
Plymouth, Roper, Southern Shores, and Winfall
Packet Pg. 6
Attachment: Albemarle Commission-Currituck County Report 2013-2014 (1035 : Albemarle Commission Stewardship Report)
Cathy Davison, ICMA-CM
Executive Director
2.A.b
According to the N.C State Data Center, in 2013 there were approximately 41,150 older adults (60+)
living in the Albemarle Region. As the older adult population increases throughout the State of North
Carolina, by the year 2033 there will be an estimated 57,289 number of older adults residing in the
ten county planning region of the Albemarle Commission AAA.
As prepared by the N.C Division of Aging and Adult Services, the information below details the
estimated increase in the older adult population in Currituck County and throughout the state of
North Carolina.
Currituck County- Aging Profile
Ages
2013
# of Individuals
2033
% of Population
# of Individuals
TOTAL
24,506
0-17
18-44
45-59
60+
65+
5,372
7,909
6,182
5,043
3,483
22%
32%
25%
21%
14%
5,388
8,807
5,230
8,739
6,797
85+
296
1%
679
% of Change (2013-2033)
in Currituck County
% of Change in
North Carolina
% of
Population
28,164
14.9%
20.2%
19%
31%
19%
31%
24%
0.3%
11.4%
-15.4%
3.4%
17.5%
6.9%
2%
129.4%
87.9%
73.3%
95.1%
58.3%
72.0%
*Source: NC State Data Center, October 2014
The Albemarle Commission
The Albemarle Commission was formed with legislative action in 1969 under GS 143-341 when the
North Carolina General Assembly created a system of multi-regional planning districts, now known as
Regional Council of Governments. The mission of the Albemarle Commission is to improve the ability
of our member governments to enhance the quality of the lives of our citizens in the Albemarle
Region through direct service, grant writing, planning and assessment, program development and
management, as multi-agency public-private partnership. The Albemarle Commission provides
services to the 10 counties of the Albemarle Region: Camden, Chowan, Currituck, Currituck, Gates,
Hyde, Pasquotank, Perquimans, Currituck, and Washington.
The Albemarle Commission provides the below services to member Counties and Municipalities within
our 10 County Region:



Regional Economic Development
Grant Writing & Administration
Strategic Planning & Meeting
Facilitation



Quarterly County Manager Meetings
State and Federal Advocacy
Policy Review and Analysis
Packet Pg. 7
Attachment: Albemarle Commission-Currituck County Report 2013-2014 (1035 : Albemarle Commission Stewardship Report)
The Face of Aging in Currituck County
3.A
Currituck County
Agenda Item Title
Public Hearing & Action: PB 14-24 the Currituck Shooting Club
Request for a Use Permit to operate an outdoor shooting range located at 913 Caratoke
Highway, Tax Map 15, Parcels 31 and 32B, Moyock Township.
Action
Susan Tanner, Administrative Assistant
Ben Woody
Packet Pg. 8
CASE ANALYSIS FOR THE
DATE: February 2, 2015
PB 14-24 The Currituck Shooting Club
ITEM:
PB 14-24 The Currituck Shooting Club request for a Use Permit to operate
an outdoor shooting range.
LOCATION:
Moyock: 913 Caratoke Highway
TAX ID:
0015-000-0031-0000
0015-000-032B-0000
ZONING DISTRICT:
Agricultural (AG) and Heavy Industrial (HI)
PRESENT USE:
Extractive Industry (sand mine) and Outdoor Shooting Range (unpermitted)
OWNER:
William Spruill
PO Box 146
Moyock NC 27958
APPLICANT:
The Currituck Shooting Club Inc
Troy Moser Incorporator
112 South Street
Moyock NC 27958
LAND USE/ZONING OF SURROUNDING PROPERTY:
Land Use
NORTH:
Farmland
SOUTH
Farmland, Retail, Residential
EAST:
Woodland, Farmland
WEST:
Reclaimed Sand Mine
LAND USE PLAN
CLASSIFICATION:
Zoning
AG
GB
AG
GB
The 2006 Land Use Plan classifies the site as Full Services within the
Moyock subarea. The 2014 Moyock Small Area Plan classifies the
site as Limited Service.
SIZE OF SITE:
58.70 acres
COMMUNITY MEETING:
A community meeting was held on August 27th, 2014 at TEM Tactical
gun shop in Moyock. Mr. Moser, his son, and Eldon Miller, all
representing the shooting range, and one citizen attended the
meeting. No issues were raised.
PB 14-24 The Currituck Shooting Club, Troy Moser
Use Permit
Page 1 of 16
Packet Pg. 9
Attachment: Currituck Shooting Club UP Case Analysis (BOC 2.2.15) (1029 : PB 14-24 the Currituck Shooting Club)
3.A.a
I. NARRATIVE OF REQUEST:
1. The applicant is requesting a use permit for an outdoor shooting range. The applicant is
currently operating an outdoor shooting range and needs the use permit to bring the site
into compliance with the UDO.
2. The applicant states that this will be a private shooting range open to club members only.
3. According to the applicant, the range is located in the bottom of an inactive sand pit
(Spruill Mine), bordered on all sides with a back stop berm of a minimum height of 25’.
4. According to the applicant, the Currituck Shooting Club has adopted an EPA plan to
assure an environmentally safe facility. They will reclaim lead shot and projectiles every
six months.
II. USE PERMIT REVIEW STANDARDS:
Use Permit Criteria and Staff Findings:
Use permits (UP) are intended to allow the Board of Commissioners flexibility in the
administration of the UDO. Through the UP procedure, property uses which would otherwise
be considered undesirable in certain districts can be developed subject to conditions of
approval to minimize any negative effects they might have on surrounding properties.
In order to approve a UP, certain criteria must be satisfied. The criteria and staff findings are
outlined as follows:
1. The use will not endanger the public health or safety.
Based on the suggested findings provided by the applicant, staff has determined it is
probably false that the use will not endanger the public health or safety.
Staff Findings:
a. The UDO requires that a registered engineer must certify that the design,
specifications, and plans for range construction are in compliance with the UDO. Part
of what the engineer is certifying is that the range facilities are designed as specified
by the most current edition of the National Rifle Association of America (NRA) Range
Source Book and the Environmental Protection Agency’s (EPA’s) most current edition of
Best Management Practices for Lead at Outdoor Shooting Ranges. The applicant has
not provided the registered engineer’s certification.
b. The UDO requires that the parking area be of a hard surfaced material (gravel,
concrete, asphalt) that is safe for customer use. The applicant states that he plans to
make no improvements to the parking area. The UDO allows the county engineer
flexibility to approve alternate surface material; however, the engineer must inspect
the site and consider the proposed use.
2. The use will not injure the value of adjoining or abutting lands and will be in harmony with
the area in which it is located.
Based on the suggested findings provided by the applicant, staff has determined it is
probably true that the use will not injure the value of adjoining or abutting lands and will
be in harmony with the area in which it is located.
Use Permit
Page 2 of 16
Packet Pg. 10
3.A.a
Staff Findings:
a. With Mr. Moser’s assistance, the UDO was recently amended to allow outdoor
shooting ranges if specific requirements were met.
b. That text amendment included language that ‘no part of a shooting range shall be
located within 200’ of any property line and less than one-half mile from an existing
residential dwelling, school, waterfowl impoundment (flooded area), or Currituck
Game Commission sanctioned waterfowl rest area.’ This location meets those
requirements.
c. It is a subsurface shooting range.
3. The use will be in conformity with the Land Use Plan or other officially adopted plan.
Based on the suggested findings, staff has determined it is true that the use will be in
conformity with the Land Use Plan or other officially adopted plans.
Staff Findings:
The 2006 Land Use Plan classifies this site as Full Service within the Moyock subarea.
With respects to nonresidential uses, it is essential that the existing community character be
preserved in the Full Services area. The proposed use is in keeping with the policies of the
plan, which include:
POLICY ED1: NEW AND EXPLANDING INDUSTRIES AND BUSINESSES should be
encouraged that: 1) diversify the local economy, 2) train and utilize a more highly
skilled labor force, and 3) are compatible with the environmental quality and natural
amenity-based economy of Currituck County.
POLICY ED4: In addition to the recruitment and expansion of major new industries, the
considerable value of SMALL BUSINESS START-UPS, EXPANSIONS AND SPIN-OFFS
shall also be recognized.
Staff Findings:
The 2014 Moyock Small Area Plan classifies this site as Limited Service within the Moyock
subarea. The proposed use is in keeping with the policies of the plan, which include:
POLICY TO1: Encourage the continued development of Moyock as a destination to
Hampton Roads and the Albemarle Region by developing additional recreational
opportunities and promoting historic and cultural sites.
POLICY R 1: Expand and develop recreational opportunities for all ages and users
including access to the water and natural environment, walking trails, multi-purpose
fields, multi-purpose community building, and other non-traditional types of
recreational opportunities that are consistent with the Currituck County Parks and
Recreation Master Plan.
4. The use will not exceed the county's ability to provide adequate public facilities, including,
but not limited to, schools, fire and rescue, law enforcement, and other county facilities.
Applicable state standards and guidelines shall be followed for determining when public
facilities are adequate. Such facilities must be in place or programmed to be in place
within two years after the initial approval of the plan (sketch plan in the case of major
subdivisions).
Use Permit
Page 3 of 16
Packet Pg. 11
3.A.a
3.A.a
Staff Findings:
a. The proposed use will not produce additional burdens on schools, fire and rescue, or
other public facilities.
III. TECHNICAL REVIEW COMMITTEE RECOMMENDATION:
Pursuant to the Unified Development Ordinance, the Technical Review Committee recommends
denial subject to the following:
1. Based on the suggested findings provided by the applicant, staff has determined it is
probably false that the use will not endanger the public health or safety.
2. Outstanding TRC comments were not addressed including:
a. A registered engineer must certify that the design, specifications, and plans for range
construction are in compliance with the UDO. (UDO Section 4.2.4.F.5)
b. The parking lot must be surfaced with gravel, concrete, or asphalt and must contain
wheel stops for each space. The site plan does not indicate surface material. Also,
the entrance road must be graveled (UDO Section 5.1.4.A.5); The county engineer
may inspect and approve existing parking area and entrance road to determine if
existing/alternative materials are acceptable. (UDO Section 5.1.6.F)
Items Addressed After Planning Board Meeting, Updated 1/22/15
c. Shading is required for the parking area that is compliant with the Unified
Development Ordinance (UDO). (UDO Section 5.2.5.D) A landscaping plan has not
been provided.
d. Handicap accessibility required from parking lot to shooting station. At least one
shooting station must be accessible. If it is technically infeasible to make shooting
range accessible, an engineer must verify infeasibility. If technically infeasible, an
accessible path must be installed to reach a viewing area. Written
exceptions/alternative arrangements as approved by the Department of Insurance
are required. A revised site plan is necessary demonstrating compliance with the
State Building Code.
e. NCDENR staff advises that the applicant cannot have an active shooting range within
the permitted boundaries of the mine. If a shooting range is something that is still
being considered, then that area of the active mine must be released from the
requirements of the Mining Act.
f. Once the mine reclamation has been accepted as being in compliance with the
requirements of the mining permit and the site released from the mine permit
requirements, any further dewatering would have to comply with whatever rules may
apply to the pumping activity, possibly through the Div. of Water Resources.
Use Permit
Page 4 of 16
Packet Pg. 12
Based on the suggested findings, staff has determined it is true that the use will not
exceed the county’s ability to provide adequate public facilities, including but not limited
to schools, fire and rescue, law enforcement, and other county facilities.
3.A.a
Ms. Newbern moved to deny PB 14-24 due to applicant not having all the necessary
recommendations completed that were recommended by the Technical Review Committee.
Mr. Clark amended the motion by adding based on the suggested findings provided by the
applicant, staff has determined it is probably false that the use will not endanger the public
health or safety. Ms. Newbern accepted the amendment to her motion.
Mr. Bell seconded the motion. Ayes: Mr. Clark, Ms. Bell, Ms. Newbern and Mr. Bell. Nays:
Mr. Cooper and Mr. Craddock.
THE APPLICATION AND RELATED MATERIALS ARE AVAILABLE ON THE COUNTY’S WEBSITE:
Board of Commissioners: www.co.currituck.nc.us/board-of-commissioners-minutes-current.cfm
Use Permit
Page 5 of 16
Packet Pg. 13
IV: PLANNING BOARD RECOMMENDATION:
3.A.a
Ms. Glave said once the mine reclamation has been accepted as being in compliance with the
requirements of the mining permit and the site released from the mine permit requirements, any
further dewatering would have to comply with whatever rules may apply to the pumping activity,
possibly through the Division of Water Resources.
Ms. Bell said at the last Planning Board meeting the board talked about Mr. Spruill’s use permit,
and it was stated that until Mr. Spruill could get his use permit that shooting at the range was to
cease. Could staff provide an update?
Ms. Glave stated she was aware of one subsequent violation from the Code Enforcement Officer.
Ms. Bell said the shooting has continued even though it was supposed to cease.
Ms. Glave said yes according to the Code Enforcement Officer.
Mr. Cooper asked the status of the engineer certification.
Ms. Glave said Mr. Moser said he has hired Hyman & Robey to do the report, but staff has not
received it.
Mr. Moser said he would like to table this request until the next Planning Board meeting. He is
working with Hyman & Robey and Mr. Spruill is waiting for final approval from the state. Mr.
Moser said the Currituck Shooting Club has been in operation for over two years and the first
year without any complaints. Mr. Moser said they are aware of staff recommendations and have
been working diligently to complete them and have been giving planning staff updates.
Mr. Woody said under the Unified Development Ordinance (UDO) the applicant can ask for one
deferral and the request for a second deferral will result in the withdrawal of the application.
Ms. Bell said citizens were here last month to hear the case and Mr. Moser asked for it to be
tabled to the next meeting, and now they are here again and Mr. Moser is asking for it to be
tabled again. Ms. Bell said this is not fair to the public.
Mr. Moser said he is representing 200 current active members of the shooting club. Mr. Moser
said he is not aware of any violations done by any of his members on this property. Mr. Moser
said the violations that have been submitted are allegations, which they are appealing. Mr. Moser
said they are doing what the county commissioners have told them to do, which is to keep on
operating.
Ms. Bell asked Mr. Moser if there has been shooting on the range since November 4th.
Mr. Moser said no and he has the NRA records which he has to have for insurance purposes.
The board discussed since the registered engineer report had not been submitted to county staff,
Mr. Moser should have asked for this request to be tabled before the meeting instead of waiting
at the meeting, since citizens came to the meeting.
Use Permit
Page 6 of 16
Packet Pg. 14
PLANNING BOARD DISCUSSION (12/9/14)
Mr. Craddock asked how the existing mine’s reclamation affects the area adjacent to it.
3.A.a
Mr. Woody said the planning board could not grant another continuance; because of the county’s
ordinance. If the applicant requests a second deferral, it will result in the withdrawal of the
application.
Mr. Moser said he will go ahead and present his case. Mr. Moser said he is the president of The
Currituck Shooting Club which has been operating over two years. The club is incorporated and
recognized under the state corporation as a member only club. The club operates on private
property and has not had a violation during the first year. Mr. Moser said this is a business and it
serves a very important public service here. The club is not a money maker it is more a public
service. Members pay to be part of the club, but they do not have to pay to use the shooting
range. Mr. Moser said the club is not here to cause any animosity or not here to hurt property
values. Mr. Moser said the club wants to work with the county, be good stewards, safer, quieter,
and grow. The opposition the club has seen has not been detrimental; it has actually brought
further awareness to what needs to be done to be good neighbors.
Mr. Frank Flora said he opposes the shooting range as it will devalue his property because he has
property close to the range.
Ms. Flora said she was a member of the Moyock Small Area Plan and this request is not
compatible with the surrounding area. She is concerned that there is a school nearby and the
noise from the range.
Mr. Elliott said he was here tonight on behalf of Haywood Ward who owns property in the
Currituck Reserve subdivision. Mr. Elliott said 88 acres are within ½ mile radius of the shooting
range and this property will be developed in the future. The property is zoned single family
residential. Mr. Elliott said Mr. Haywood is concerned with the danger of the shooting range.
Mr. Cooper asked staff with the ½ mile separation requirement to an existing structure, how does
this apply to homes that may be built later.
Ms. Glave said the separation is for existing homes not for homes that may be built in the future.
Ms. Brumsey said she has a farm next to John Flora and asked everyone who doesn’t want the
shooting range to please stand up. Approximately eighteen people stood.
Mr. Harcum said he owns property north of the sand mine. Mr. Harcum said he and his sons plan
on building a house on the property in the future and he is concerned with safety and land rights.
Mr. Mullen, attorney representing Mr. Flora, asked Mr. Tate to give his credentials. Mr. Tate is a
certified real estate appraisal in the State of North Carolina. Mr. Tate said any factor which
would strongly affects property values would have to be considered in the appraisal and a
shooting range would fall into the category of not another home. A landfill is another example
that would have to be considered because it is not the same conforming use.
Use Permit
Page 7 of 16
Packet Pg. 15
Mr. Moser said he was not aware there was an ordinance in place as Mr. Woody had stated. It
was not intended of wasting anyone’s time since they are actively moving forward to meet all the
obligations that the county has requested. Mr. Moser asked for a continuance of the case so he
will be able to meet his obligations for the request.
Mr. Mullen asked Mr. Howard to come before the board. Mr. Howard said he has been a real
estate broker in Currituck County for 38 years, has a background in real estate development,
real estate appraiser, and general contractor. Mr. Mullen asked Mr. Howard how the shooting
range would affect surrounding property values. Mr. Howard said property values are
determined by several different factors: location, availability and desirability. Mr. Howard said it
is his professional opinion that the shooting range would make adjacent properties less desirable.
Mr. Mullen said a shooting range would reduce the value of adjoining property and he is
concerned with the noise from gunfire.
Mr. Gaither said he is concerned that the shooting range would negatively impact property
values and the noise from gunfire.
Ms. Clements said she is concerned that the shooting range will decreased property values. She is
concerned why this use would be approved right in the middle of Moyock.
Mr. John Flora said he is building a house on the same road as Moyock Middle School. Mr. Flora
said he began hearing the noise of gunfire in early spring or summer coming from the direction of
the sandpit. Mr. Flora said he talked with county staff and Mr. Moser did not apply for a use
permit until August 28, 2014. Two weeks earlier, August 13th, county staff sighted Mr. Spruill, The
Shooting Club, and Mr. Moser for a violation. No findings were found at this time. Mr. Flora has
continued to complain to the county staff and the sheriff’s department. Mr. Moser was sighted
again on September 13th and October 30th by county staff. Mr. Flora said either on November
29th or 30th he could hear shooting again. He called the sheriff’s department to have them come
out, but the sheriff’s department couldn’t get in because the gates were locked. In the report it
states the deputy could hear the shooting, but couldn’t see exactly where it was coming from
because the gates were locked. Mr. Flora is asking that this request be denied.
Mr. Moser said The Currituck Shooting Club is not Blackwater because the volume cannot be
compared to Blackwater. The safety requirements for an outdoor shooting in the county’s UDO
have many requirements which will be met. Mr. Moser said Blackwater has not stopped residential
growth or lowered property values. Mr. Moser is respectively asking the board to table this
request so they can meet the requirements of the Planning Board.
Mr. Clark said one of the use permit criteria is that the use will not endanger the public health or
safety.
Mr. Craddock as Mr. Mullen if he hired Mr. Tate to perform an analysis about external
obsolescence that may occur with the shooting range?
Mr. Mullen said he did not employ him.
Mr. Cooper said the current standards which were reviewed and passed concerns him with what
he is hearing tonight. The county has a text amendment which states no part of a shooting range
shall be within 200 feet of a property line and not less than ½ mile from an existing residential
dwelling. The board is also hearing professional testimony, that even meeting these standards, it
could injure the value of adjoining properties. Mr. Cooper said the board does not have the
registered engineer certification to determine if the use will endanger the public health or safety.
Use Permit
Page 8 of 16
Packet Pg. 16
3.A.a
3.A.a
Mr. Woody said the sheriff’s department doesn’t measure just one sound. The machine is run for a
specified time frame and it will give you an adjusted decimal level.
Ms. Bell said she is concerned that surrounding properties have been approved to be developed
without knowledge that a shooting range may come.
Ms. Newbern asked if the Planning Board denies this request would it go to the Board of
Commissioners; and if it is tabled would it come back to the Planning Board.
Mr. Woody said that is correct.
Mr. Mullen said if the Planning Board were to table this request, when it comes back, it will have
two new board members who will not be familiar with what has taken place tonight.
Mr. Cooper asked staff where the rules are not being met. Is it the registered engineer
certificate, handicap accessibility, and other parking requirements as far as the UDO is written?
Ms. Glave stated yes.
Ms. Bell is concerned that Mr. Moser has been operating even though he is in violation.
Mr. Craddock asked Mr. Spruill who is in charge of locking the three gates.
Mr. Spruill said he is and Mr. Moser.
Mr. John Flora said there is a case which is pending in Harnett County regarding a similar
situation and tax value decreasing. A letter was sent to Mr. Paul O’Neal from Joe Miriello
regarding the case.
Mr. Craddock said the Planning Board did receive a copy of the letter. The person who wrote
the letter is not a certified real estate appraiser in the State in North Carolina. He is a tax
appraiser, and these are two entities that are governed by two different bodies. The real estate
appraisers are governed by the NC Appraiser Board and tax appraisers are governed by the
Department of Revenue.
Mr. Clark closed the public hearing.
ACTION
Ms. Newbern moved to deny PB 14-24 due to applicant not having all the necessary
recommendations completed that were recommended by the Technical Review Committee.
Mr. Clark amended the motion by adding based on the suggested findings provided by the
applicant, staff has determined it is probably false that the use will not endanger the public
health or safety. Ms. Newbern accepted the amendment to her motion.
Use Permit
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Mr. Craddock said the information that has been presented from Mr. Tate and Ms. Clements are
their professional opinions, which are not based on facts. Mr. Craddock talked about the noise
levels and how you might mitigate sound. Mr. Craddock asked staff how the sheriff’s department
measures the noise level.
3.A.a
Mr. Bell seconded the motion. Ayes: Mr. Clark, Ms. Bell, Ms. Newbern and Mr. Bell. Nays: Mr.
Cooper and Mr. Craddock.
Use Permit
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Use Permit
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MEMORANDUM
Troy Moser
From: Tammy Glave, Planner II
Date: September 11, 2014,
Re:
Use Permit – Outdoor Shooting Range - TRC Comments
The following comments have been received for the September 17, 2014 Technical Review
Committee meeting. This case was tentatively scheduled for the October 13, 2014 Planning
Board meeting; however, staff has been directed to hold this application to allow it to run
concurrently with the use permit application for the mining operation on the same property. The
mine use permit is scheduled to be heard by the Planning Board on November 4, 2014. All
outstanding items and plan corrections must be received by October 20, 2014 to be placed on
the November 4th Planning Board agenda. TRC comments are valid for six months from the date
of the TRC meeting.
Planning, (Tammy Glave, 252-232-6025)
Denied/Resubmit:
1. A registered engineer must certify that the design, specifications, and plans for range
construction are in compliance with the UDO. (UDO Section 4.2.4.F.5)
2. Provide proof of minimum $500,000 accident and liability insurance coverage. (UDO
Section 4.2.4.F.5)
3. At the pre-application meeting, it was indicated that you could have up to a maximum of
200 people at an event. Please show where the overflow parking will be accommodated
beyond the required spaces for the range.
4. The parking lot must be surfaced with gravel, concrete, or asphalt and must contain wheel
stops for each space. The site plan does not indicate surface material. Also, the entrance
road must be graveled. (UDO Section 5.1.4.A.5) The county engineer may inspect and
approve existing parking area and entrance road to determine if existing/alternative
materials are acceptable. (UDO Section 5.1.6.F)
5. Shading is required for the parking area that is compliant with the Unified Development
Ordinance (UDO). (UDO Section 5.2.5.D) A landscaping plan has not been provided.
6. The county special use permit for the existing mining operation is expired and must be
renewed. The use permit for the outdoor shooting range cannot be considered until the
use permit for the mine is issued.
7. It appears that the state mining permit for this site will expire on October 14, 2015 and
the mine must be reclaimed at that time. NCDENR Division of Energy, Mineral, and Land
Resources, Land Quality Section, must approve modifications to the state mining permit in
order for the proposed use to occur.
Currituck County Building Inspections (Spence Castello, 252-232-6020)
Denied/Resubmit:
1. Handicap accessibility required from parking lot to shooting station. At least one shooting
station must be accessible. If it is technically infeasible to make shooting range accessible,
an engineer must verify infeasibility. If technically infeasible, an accessible path must be
Use Permit
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To:
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Currituck County Engineer (Eric Weatherly/Michelle Perry, 252-232-6035/Currituck Soil and
Water (Mike Doxey, 252-232-3360)
Reviewed with comment:
1. Provide DENR concurrence for use of mine as a shooting range.
2. We have concerns that County staff does not have the internal resources to inspect and
advise that the facility is in compliance with the standards of Section 4.2.4.F of the UDO.
Currituck County Fire and Emergency Management (James Mims, 252-232-6641)
Approved with comment:
1. Approved for use. May have further comments in regards to site and operation.
Currituck County GIS (Harry Lee, 252-232-4039)
Reviewed without comment.
Currituck County Parks and Recreation (Jason Weeks, 252-232-3007)
Approved with comment:
1. This facility could address requests that the county has received for a shooting range
assuming that the club membership is open to Currituck residents that wish to join.
Currituck County Utilities (Pat Irwin, 252-232-6061)
Albemarle Regional Health Services (Joe Hobbs, 252-232-6603)
1. PLEASE CONSULT WITH THE NC DEPATRMENT OF ENVIROMENT AND NATURAL
RESOURCES AQUIFER PROTECTION SECTION (WASHINGTON REGIONAL OFFICE) AT
252-946-6481 TO DETERMINE IF ANY PERMITS ARE REQUIRED. ALSO CONSULT WITH
CURRITUCK COUNTY HEALTH DEPT. AT 252-232-6603 IF ANY EXISTING OR FUTURE
BUILDINGS WILL REQUIRE SEWAGE TREATMENT AND DISPOSAL OR A PRIVATE WELL.
NC Division of Coastal Management (Charlan Owens, 252-264-3901)
NCDENR Land Quality Section (Pat McLain, 252-946-6481)
1. The applicant cannot have an active shooting range within the permitted boundaries of the
mine. If a shooting range is something that is still being considered, then that area of the
active mine must be released from the requirements of the Mining Act.
2. Once the mine reclamation has been accepted as being in compliance with the
requirements of the mining permit and the site released from the mine permit
requirements, any further dewatering would have to comply with whatever rules may
apply to the pumping activity, possibly through the Div. of Water Resources.
Use Permit
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installed to reach a viewing area. Written exceptions/alternative arrangements as
approved by the Department of Insurance are required. A revised site plan is necessary
demonstrating compliance with the State Building Code.
3.A.a
NC State Archeology (Lawrence Abbott, 919-807-6554)
1. Project area has been utilized as a sand mine. An archaeological survey is not
recommended.
Use Permit
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Attachment: Currituck Shooting Club UP Application and Supporting Documents (1029 : PB 14-24 the
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The Currituck Shooting Club Inc.
APPLICATION FOR USE
PERMIT
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Attachment: Currituck Shooting Club UP Application and Supporting Documents (1029 : PB 14-24 the Currituck Shooting Club)
The Currituck Shooting Club Inc.
Organizational Statement
• The Currituck Shooting Club Inc. activities and facilities are for club
members only.
• Our organization is not public nor commercial. All members are
required to pay dues to be a club member. Members in good
standings are welcome to attend and participate in club functions,
fund raisers and utilized club facilities.
• We do not charge any additional type of fees over and above the
annual membership dues.
• The Currituck Shooting Club Inc., is recognized by the National Rifle
Association as an NRA Club Affiliation and is insured as a Rifle Club
General Liability
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Purpose of Special Use Permit & Project
Narrative
• The purpose of the special use permit is to clarify, and address the
activities in which The Currituck Shooting Club Inc. engage.
• The project narrative is to finalize a request by Currituck County
Officials/Government to seek and receive a Special Use Permit for the
activities that The Currituck Shooting Club Inc. engage.
• It is at this time, after spending months, resulting in a successful and
unanimous vote by the Currituck County Commissioners in amending
a county ordinance that now allow outdoor shooting ranges. ( UDO
PB 14-03.
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USE PERMIT ITEM RESPONSE ISSUES
• A. THE USE WILL NOT ENDANGER THE PUBLIC HEALTH OR SAFETY.
• B. THE USE WILL NOT INJURE THE VALUE OF ADJOINING OR ABUTTING
LANDS AND WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS
LOCATED.
• C. THE USE WILL BE IN CONFORMITY WITH THE LAND USE PLAN OR OTHER
OFFICIALLY ADOPTED PLAN.
• D. THE USE WILL NOT EXCEED THE COUNTY’S ABILITY TO PROVIDE
ADEQUATE PUBLIC FACILITIES, INCLUDING, BUT NOT LIMITED TO, FIRE AND
RESCUE, LAW ENFORCEMENT, AND OTHER COUNTY FACILITIES. APPLICABLE
STATE STANDARDS AND GUIDELINES SHALL BE FOLLOWED FOR
DETERMINING WHEN PUBLIC FACILITIES ARE ADEQUATE.
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A. THE USE WILL NOT ENDANGER THE PUBLIC
HEALTH OR SAFETY.
• The Currituck Shooting Club Inc. has selected a location that is the
perfect setting for an outdoor shooting range. The range is located in
the bottom of an inactive sand pit, bordered on all sides with a back
stop berm of a minimum height of 25 feet.
• The Currituck Shooting Club Inc. has adopted an EPA plan to assure an
environmentally safe facility. We are committed to reclaiming and
recycling materials expended as result of shooting. We have
developed, prototyped, tested target systems that contains all shot
for reclaiming the materials. The target systems that we have
developed has resulted in capturing 100% of expended lead and shot.
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B. THE USE WILL NOT INJURE THE VALUE OF ADJOINING OR
ABUTTING LANDS AND WILL BE IN HARMONY WITH THE AREA
IN WHICH IT IS LOCATED.
• The adjoining and abutting property that borders the
facility is agricultural, and will not interfere with
adjoining properties. In addition the property is
bordered on all sides with mature standing trees and
foliage. This greatly reduces noise as well as maintains
a natural setting.
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C. THE USE WILL BE IN CONFORMITY WITH THE LAND
USE PLAN OR OTHER OFFICIALLY ADOPTED PLAN.
ITEM 2: 4.2.4.F
• (5 5) ) Outdoor Shooting Range Outdoor shooting ranges shall comply with all applicable
standards in the county Code of Ordinances and the following standards:
• (a) ) Required mailed notice of any public hearing shall be provided to the owners of land within
one-half mile of the property lines of land subject to the use permit application and shall comply
with subsection 2.3.6.B Public Notification.
• (b) Outdoor shooting ranges shall be located on a site or parcel with an area of at least ten acres.
• (c) ) No part of a shooting range shall be located within 200 feet of any property line and less
than one-half mile from an existing residential dwelling, school, waterfowl impoundment (flooded
area), or Currituck Game Commission sanctioned waterfowl rest area.
• (d) ) Shooting range facilities shall be designed, constructed and maintained as specified by the
most current edition of the National Rifle Association of America (NRA) Range Source Book,
including but not limited to the following protective barriers:
• (i) Backstops with a minimum height of 20 feet;
• (ii) ) Side berms or walls with a minimum height of eight feet; and
• (iii) ) Firing line covers or overhead safety baffles.
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ITEM 2: 4.2.4.F (CONTIUNED)
• (e) Shooting range facilities shall be designed to contain all bullets, shot, or other debris on the range facility
and must implement best management practices for lead management as specified by the Environmental
Protection Agency’s (EPA’s) most current edition of Best Management Practices for Lead at Outdoor Shooting
Ranges.
• (f) Weapon types are restricted to pistol, rifle, or shotgun. The use of explosives or any target that
detonates is prohibited.
• (g) Hours of operation shall be from no earlier than 9:00 a.m. to no later than one-half hour prior to sunset,
Monday through Saturday. The discharge of weapons or shooting activities shall not occur on Sunday.
• (h) The operators of an outdoor shooting range shall provide proof of accident and liability insurance
coverage. A minimum coverage of $500,000 shall be established and maintained.
• (i) A registered engineer shall certify that the design, specifications, and plans for range construction are in
compliance with the standards in this subsection.
• (j) An approved use permit for an outdoor shooting range shall be evaluated annually. If the county receives
an excessive number of valid complaints in the judgment of the Planning Director, the range shall integrate
sound abatement strategies or discontinue operation, as determined by the Board of Commissioners.
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PB 14-03 OUTDOOR SHOOTING RANGE (a)
• (a) Required mailed notice of any public hearing shall be provided to
the owners of land within one-half mile of the property lines of land
subject to the use permit application and shall comply with
subsection 2.3.6.B Public Notification.
• List of property owners will be supplied by County Planning
• Time and Date of public hearing to be determined.
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PB 14-03 OUTDOOR SHOOTING RANGE (b)
LEASED PROPERTY
11.1 ACRES
PHYSICAL ADDRESS:
913 CARATOKE HWY.
MOYOCK, NC 27958
PARCEL NUMBER:
0015-000-0031-0000,
0015-000-032B-0000
TOTAL ACREAGE: 66
ACRES.
EXISTING LAND USE:
SAND PIT
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PB 14-03 OUTDOOR SHOOTING RANGE (c)
200 FT OFFSET FROM
PROPERTY LINES
200 FT
PROJECT DEVELOPMENT
1.87 ACRES
ACTIVE RANGE OFFSET:
450 FEET.
RANGE AREA
1.87 ACRES
NORTH
200 FT
WEST
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PB 14-03 OUTDOOR SHOOTING RANGE (c)
ADDRESS: 913 CARATOKE HWY.
MOYOCK, NC 27958
½ MILE FROM AN EXISTING
RESIDENTIAL DWELLING.
SCALE: 2640 YDS
(1/2 MILE)
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PB 14-03 OUTDOOR SHOOTING RANGE (d (i))
REQUIREMENT: BACK STOP, MINIMUM HEIGHT 20 FEET.
EXISTING BACK STOP: LOWEST POINT 26 FEET.
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PB 14-03 OUTDOOR SHOOTING RANGE (d (ii))
REQUIREMENT: SIDE BERMS, , MINIMUM HEIGHT 8 FEET.
EXISTING SIDE BERMS: LOWEST POINT 26 FEET.
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PB 14-03 OUTDOOR SHOOTING RANGE (d (ii))
REQUIREMENT: SIDE BERMS, , MINIMUM HEIGHT 8 FEET.
EXISTING SIDE BERMS: LOWEST POINT 26 FEET.
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PB 14-03 OUTDOOR SHOOTING RANGE (d (iii))
23 FT
6” DIA
BAFFEL
7.5 FT
9 FT
8 FT
GROUND LEVEL (GRASS)
4 FT
6” X 6”
TREATED
4’ 6” FT
X5
18 FT
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PB 14-03 OUTDOOR SHOOTING RANGE (e)
• The Currituck Shooting Club Inc., location is fully enclosed with a berm that
completely surrounds the shooting range, in addition to the shooting firing line
awnings and baffles will assure that all bullets, shot and other debris are
contained in the designated shooting areas.
• Our EPA plan and design to reclaim lead shot, exceeds the EPA guidelines for Best
Management Practices for Lead at Outdoor Shooting Ranges. The Currituck
Shooting Club Inc.’s objective is to reclaim and recycle lead projectiles. The EPA
specifically outlines this activity as Lead Scrap for recycling. The reclaiming of lead
will be done every 6 months, during target maintenance.
• Pistol/Carbine ranges have two lead reclamation type systems.
• Target systems are the primary reclamation systems and should contain 90 to 95% of all lead projectiles.
• A secondary ballistic back stop running behind the primary target systems constructed with a sand berm,
covered with recycled ground rubber then covered with a ballistic fiber reinforced rubber sheeting.
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PB 14-03 OUTDOOR SHOOTING RANGE (e)
Primary Bullet
Capture System
Ballistic Fiber
Reinforced Rubber
Sheeting
Ballistic Target
90 to 95%
Containment
Secondary Bullet
Capture System
8’ Minimum
6’
Stray Ballistic
Containment
23 Degree
6” Rubber
Mulch Layer
Sand BERM
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PB 14-03 OUTDOOR SHOOTING RANGE (f)
• (f) Weapon types are restricted to pistol, rifle, or shotgun. The use
of explosives or any target that detonates is prohibited.
• The Currituck Shooting Club Inc., established firearm restriction for safety.
•
•
•
•
Pistols Calibers: No-Restrictions
Rifles: No-Restriction except for: 338 Lapua & 50 BMG Calibers
Shotgun: No-restrictions
No Explosive or any detonating Targets
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PB 14-03 OUTDOOR SHOOTING RANGE (g)
• The Currituck Shooting Club Inc., operational use of shooting range is
by appointment only. This is to assure that the range/bays are not
over booked, and adequately and safely monitored.
• Members are not allowed on the property without a Range Safety
Officer present.
• Hours of operation:
• Monday thru Saturday 9:00am to ½ hour before Sunset.
• Sunday: Range is closed.
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PB 14-03 OUTDOOR SHOOTING RANGE (h)
• The Currituck Shooting Club Inc., is insured by the National Rifle
Association (NRA).
• The NRA Endorsed Insurance Program for Club Affiliation Members.
• NRA Insurance Coverage is for Rifle Clubs General Liability.
• Accident & Liability Insurance Coverage: $500,000.00,.
• This insurance is designated for a single location, at property located
at: 916 Caratoke Hwy, Moyock, NC 27958
• Property Landowner’s Coverage:
• Owner William H. Spruill
• Address: 730 Tulls Creek Rd, Moyock, NC 27958
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PB 14-03 OUTDOOR SHOOTING RANGE (i)
• Property being utilized, will be used as is. No permanent structures
are to be constructed at this time, no sewage, no water, and no
electricity needed.
• Restroom facilities are Port-A-Potties and maintained under contract.
• It is requested that this line item requirement be excluded from this
permitting process due to: an excessive costs, minimal or no value
and months of delays. We believe that the county has the internal
resources to inspect, advise, that the facility is in compliance with the
standards in this subsection.
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PB 14-03 OUTDOOR SHOOTING RANGE (i)
• The Currituck Shooting Club Inc., will cooperate with any and all
county evaluations.
• It is also requested that we are contacted within 24 hours of any and
all complaints, we wish to be good neighbors and good citizens of
Currituck County.
• It is in the best interest of our club to be an asset, and have our
county proud of our activities, professionalism, as well as the public
services that we provide.
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Parking, Table 5.1.3 Off Street Parking
Standards
• Property Parking
PARKING AREA ZONE
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PARKING LAYOUT
PARKING AREA ZONE
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3.B
Currituck County
Agenda Item Title
Public Hearing & Action: PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II)
Request for preliminary plat/use permit approval for 36 residential lots located within
Corolla Bay on the west side of NC 12 as a southern extension of Cruz Bay Court in
Corolla, Tax Map 115, Parcel 3XB, Poplar Branch Township.
Action
Susan Tanner, Administrative Assistant
Ben Woody
Packet Pg. 63
3.B.a
PB 87-56 Monteray Shores, Phase III - Corolla Bay, Section II Preliminary Plat/
Use Permit
ITEM:
PB 87-56 Monteray Shores, Phase III – Corolla Bay, Section II Preliminary
Plat/Use Permit
LOCATION:
Cruz Bay Court, Corolla, Poplar Branch Township
TAX ID:
0115-000-03XB-0000
ZONING DISTRICT:
Single Family Residential Outer Banks (SFO) with PUD overlay
PRESENT USE:
Undeveloped
OWNER:
Northeastern North Carolina Properties, LLC
6001 Harbour View Boulevard
Suffolk, VA 23435
APPLICANT:
Herbert Hamlet
Suffolk, VA 23435
LAND USE/ZONING OF SURROUNDING PROPERTY:
Land Use
NORTH:
Residential/Undeveloped
SOUTH
Residential
EAST:
Residential/Undeveloped
WEST:
Currituck Sound
LAND USE PLAN
CLASSIFICATION:
Zoning
SFO w/PUD overlay
SFO w/PUD overlay
SFO w/PUD overlay
N/A
The 2006 Land Use Plan classifies the site as Full Service within the
Corolla subarea.
SIZE OF SITE:
13.799 acres (Corolla Bay, Section 2)
NUMBER OF UNITS:
36 residential lots (Phase II)
PROJECT DENSITY:
2.6 units per acre (Corolla Bay, Section 2 property)
2.05 units per acre (entire Monteray Shores PUD)
UTILITIES:
The water will be provided by the Southern Outer Banks water
system (SOBWS). Carolina Water Service, Inc. of North Carolina will
provide sanitary sewer utility needs for this phase of development
for a combined maximum capacity of 38,880 gallons per day.
PB 87-56 Monteray Shores, Phase III - Corollla Bay, Section II
Preliminary Plat
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Attachment: 87-56 Monteray Shores (BOC 2.2.15) (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
STAFF REPORT
BOARD OF COMMISSIONERS – FEBRUARY 2, 2015
3.B.a
There are no changes proposed to the PUD allocations.
Total Tract
Commercial Allocation
Open Space
355.60 acres
36.32 acres
131.13 acres
I. NARRATIVE OF REQUEST:
1. The applicant is requesting preliminary plat/use permit approval of 36 residential lots
within Corolla Bay, Section II
2. The amended sketch plan and special use permit was approved by the Board of
Commissioners February 20, 2006.
3. Due to environmental constraints the 2006 plan was reconfigured as shown on the
proposed preliminary plat.
4. The proposed development is located at a proposed terminus of the Mid-Currituck Bridge
(STIP R-2576 preferred alternative MCB4). Right of way acquisition has not occurred.
II. USE PERMIT REVIEW STANDARDS:
Use Permit Criteria and Preliminary Staff Findings:
Use permits (UP) are intended to allow the Board of Commissioners flexibility in the
administration of the UDO. Through the UP procedure, property uses which would otherwise
be considered undesirable in certain districts can be developed subject to conditions of
approval to minimize any negative effects they might have on surrounding properties.
In order to approve a UP, certain criteria must be satisfied. The criteria and preliminary staff
findings of fact are outlined as follows:
1. The use will not endanger the public health or safety.
Preliminary Staff Findings:
a. Community water and sanitary sewer will be provided to the proposed development.
b. The roadway shall be built to NCDOT construction standards.
c. Stormwater will be collected and managed by means acceptable to the state and
county.
The evidence in the record, prepared in absence of testimony presented at a public
hearing, supports the finding that the use will not endanger the public health or safety.
2. The use will not injure the value of adjoining or abutting lands and will be in harmony with the
area in which it is located.
a. The proposed phase II of this development is consistent with the phase I portion of the
development completed in 2007 in that the lot sizes and density are similar and would
be in harmony with the adjoining properties.
b. No evidence has been submitted that this proposed project will decrease the property
values of adjoining or abutting lands.
Preliminary Plat
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PUD ALLOCATION:
3.B.a
3. The use will be in conformity with the Land Use Plan or other officially adopted plans.
The 2006 Land Use Plan classifies this site as Full Service within the Corolla subarea.
The Full Service area identifies a residential base development density to be 2 units per
acre, but could be increased to 3-4 units per acre through overlay zoning depending upon
services available and potential impacts on the surrounding area.
The policy emphasis for the Corolla subarea is to allow for predominately medium density
residential development (2 to 3 units per acre) with minimal commercial development
arranged in clusters. An overall density of no more than 3 units per acre should apply to
PUDs with a mandated 30% permanent open space requirement.
The proposed use is in keeping with the policies of the plan, some of which are:
POLICY HN1: Currituck County shall encourage development to occur at densities
appropriate for the location. LOCATION AND DENSITY FACTORS shall include whether
the development is within an environmentally suitable area, the type and capacity of
sewage treatment available to the site, the adequacy of transportation facilities providing
access to the site, and the proximity of the site to existing and planned urban services. For
example, projects falling within the Full Services areas of the Future Land Use Map would
be permitted a higher density because of the availability of infrastructure as well as
similarity to the existing development pattern. Such projects could be developed at a
density of two (2) or more dwelling units per acre. Projects within areas designated as
Limited Service would be permitted a density of one (1) to one and one half (1.5) units
per acre depending upon the surrounding development pattern and availability of
resources. Projects within areas designated as Rural or Conservation by the Future Land
Use Plan would be permitted a much lower density of 1 dwelling unit per 3 acres because
of the lack of infrastructure in the area, the existing low density development pattern, and
presence of environmentally sensitive natural areas.
POLICY HN3: Currituck County shall especially encourage two forms of residential
development, each with the objective of avoiding traditional suburban sprawl:
1. OPEN SPACE DEVELOPMENTS that cluster homes on less land, preserving permanently
dedicated open space and often employ on-site or community sewage treatment. These
types of developments are likely to occur primarily in the Conservation, Rural, and to a
certain extent the Limited Service areas identified on the Future Land Use Map.
2. COMPACT, MIXED USE DEVELOPMENTS or DEVELOPMENTS NEAR A MIXTURE OF USES
that promote a return to balanced, self-supporting community centers generally served by
centralized water and sewer. The types of development are contemplated for the Full
Service Areas identified on the Future Land Use Map.
Preliminary Plat
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hearing, supports the finding that the use will not injure the value of adjoining or abutting
lands and will be in harmony with the area in which it is located.
3.B.a
4. The use will not exceed the county's ability to provide adequate public facilities, including,
but not limited to, schools, fire and rescue, law enforcement, and other county facilities.
Applicable state standards and guidelines shall be followed for determining when public
facilities are adequate. Such facilities must be in place or programmed to be in place
within two years after the initial approval of the plan (sketch plan in the case of major
subdivisions).
a. The student generation rates are not applied to residential subdivisions located on the
outer banks.
b. SOBWS will provide water service for the proposed lots within this development. The
sanitary sewer services provider, Carolina Water Service, Inc. of North Carolina, will
provide sewer needs for the proposed lots within this development for a combined
maximum capacity of 38,880 gallons per day.
hearing, supports the finding the use will not exceed the county’s ability to provide
adequate public facilities.
III. TECHNICAL REVIEW COMMITTEE RECOMMENDATION:
Pursuant to the Unified Development Ordinance, the Technical Review Committee recommends
approval subject to the following plan corrections:
1. All stormwater and utility infrastructure located on individual lots shall be located within a
utility/stormwater/drainage easement.
2. The NCDENR stormwater permit shall be updated or modified to provide the actual lot
sizes and coverage allocations for each lot prior to recording the final plat.
IV. PLANNING BOARD RECOMMENDATION:
Mr. Craddock moved to approve PB 87-56 with the Technical Review Committee and staff
recommendations included in the case analysis. Mr. Cartwright seconded the motion and
motion carried unanimously.
THE APPLICATION AND RELATED MATERIALS ARE AVAILABLE ON THE COUNTY’S WEBSITE
http://www.co.currituck.nc.us/board-of-commissioners-minutes-current.cfm
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hearing, supports the finding the use will be in conformity with the Land Use Plan and
other officially adopted plans.
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Ms. Voliva said the wetlands and areas to be filled shown on the plan were surveyed and
identified by the Army Corps. A permit has been obtained from the Corps and the wetlands
mitigation credits have been paid by the current property owner.
Mr. Craddock asked staff if they have found any other issues with drainage that would not be
mitigated with this being filled with the stormwater pemit being updated.
Ms. Voliva said no.
Mr. Cooper asked staff since the Army Corps got the plat have there been any revisions to it.
Ms. Voliva said no related to wetlands.
Mr. Cooper asked staff since this is an alternative bridge landing site for the Mid-Currituck Bridge,
the state has no rights to the property at this time.
Ms. Voliva said at this time the state does not.
Ms. Overstreet asked if lots 60, 61, and 62 have wetlands on the back and will it remain wetlands
or be filled.
Ms. Voliva stated it will remain wetlands.
Mr. Halloran said he would be glad to answer any questions the board may have.
Mr. Gomez said the Army Corps looked at the plat very closely and the permit is in place.
Ms. Overstreet asked if the piers have been permitted by the Army Corps of Engineering.
Ms. Voliva said the individual piers would be permitted individually with their lot construction; and
the community pier does have a major CAMA permit. The individual piers would have to be
permitted through CAMA as well.
Mr. Cooper closed the public hearing.
ACTION
Mr. Craddock moved to approve PB 87-56 with the Technical Review Committee and staff
recommendations included in the case analysis. Mr. Cartwright seconded the motion and motion
carried unanimously.
Preliminary Plat
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PLANNING BOARD DISCUSSION (January 13, 2015)
Mr. Craddock asked staff to provide some insight to some of the wetlands being filled.
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To:
Herbert Hamlet, Northeastern North Carolina Properties, LLC
Coastal Engineering
From:
Donna Voliva, Senior Planner
Date:
December 17, 2014
Subject:
PB 87-56 Corolla Bay, Phase 2 Preliminary Plat/Construction Drawings
TRC Comments
The following comments have been received for Corolla Bay, Phase 2 preliminary
plat/construction drawings. The preliminary plat will require Planning Board recommendation
and Board of Commission’s action. The preliminary plat comments listed below must be
addressed and resubmitted by December 22, 2014 in order to be placed on the January 13,
2015 Planning Board meeting. TRC comments are valid for six months from the date of the TRC
meeting.
Planning, Donna Voliva
Reviewed
1. Correct the title of the Certification of Stormwater Improvements to be Improvements
Certificate.
2. The certificate titled Improvements Certificate should be removed.
3. Provide the Floodplain Statement.
4. Correct the zoning of the property to be SFO with PUD overlay.
5. Provide the delineation of the flood zones. The boundary line and zones are not clear.
6. Please clarify the finished floor elevation.
7. The base zoning district of all properties adjacent to this development is SFO. The
properties located in Monteray Shores contain a PUD overlay.
8. Connecting Corolla Bike, Pedestrian, Access and Wayfinding Plan indicates a proposed
trail to be located along the western side of NC 12.
9. The proposed modified construction drawing indicates stormwater pipes along the rear
and side of lots 46, 47, 48, 49, 50, and 70. Permanent infrastructure shall be located in
a utility/stormwater/drainage easement when located on individual properties.
10. The proposed pier and gazebo platform improvements shall connect to the sidewalks.
11. Provide a proposed lighting detail.
12. Have there been any major changes to the shoreline since the August 2003 aerial
photography?
13. Clarify if the proposed 10’ drainage easement located between lots 69 and 70 will be
an easement within the open space.
14. Are there plans to improve the 20’ access easement located between lots 49 and 50?
15. The 10’ access easement located between lots 44 and 45 appear to be a right of way;
please clarify.
16. Clarify the active, passive and visual open space allocations.
17. The NCDENR stormwater permit indicates lot sizes that are not consistent with the
proposed preliminary plat. Please clarify.
Preliminary Plat
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Currituck County Engineer, Eric Weatherly
Currituck Soil and Water, Mike Doxey
Reviewed
1. Not sure how you ended your meeting with Mitch and Carlos – so I’m still wondering which
ordinance we are reviewing this development under. In the end, I don’t think it really
matters because the most restrictive, and current ordinance is actually being met (10yr
post cannot exceed 2yr pre, wooded). This was taken out of the narrative (the 10yr post
is listed as 20.95cfs in the calculations, but that doesn’t make a difference):
.
Currituck County Utilities, Pat Irwin
Reviewed
1. Tie the 6” waterline from Bonaire Court to the existing waterline on NC 12. Place two
valves at the tee.
2. Show the change on the plans where the 8” waterline on Cruz Bay Lane decreases to a
6” waterline.
3. The service line detail shows a ¾” service line connecting to dual meters this line is not
large enough.
4. Use the current approved Currituck County specifications for waterline infrastructure.
They are attached.
Albemarle Regional Health Services, Joe Hobbs
Reviewed
1. DEVELOPER NEEDS TO CONSULT WITH NC DIVISION OF WATER RESOURCES
(WASHINGTON REGIONAL OFFICE) AT 252-946-6481 FOR ANY WASTEWATER
SYSTEM APPROVALS FOR THIS SUB-DIVISION.
Preliminary Plat
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18. Clarify if the CAMA and Erosion and Sedimentation Control Permit are valid.
19. Provide a copy of the landscape plan, traffic control sign placement, and sight plans.
Currituck County Fire Marshal, James Mims 252-232-6641
Reviewed
1. The proposed construction needed fire flow may not exceed the available fire flow of the
site using the ISO method. Proposed structures greater than 4,800 sq. ft. will require
calculation as commercial structures using the ISO method.
US Postal Service, Corolla Postmaster
1. Please contact the local postmaster (Corolla) to determine the mode of delivery and type
of delivery equipment.
Comments were not received from:
Currituck County Building Inspections, Spence Castello
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Attachment: MS Corolla Bay Section II Application (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla
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3.B.b
Attachment: MS Corolla Bay Section II Application (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla
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Attachment: MS Corolla Bay Sec II Pre Plat (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
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Attachment: MS Corolla Bay Sec II Wetlands (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
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Attachment: MS Corolla Bay Sec II Wetlands (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
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November 26, 2014
Suffolk, VA 23435
Re: Corolla Bay Section II, lots 37 through 72 located on the west “sound” side of Hwy. 12
Monteray Shores P.U.D. Phase III, Corolla, Currituck County, NC
Sanitary Sewer Utility, Willingness to Serve, Capacity Commitment letter
To Whom It May Concern,
Carolina Water Service, Inc. of North Carolina ("CWSNC") provides sanitary sewer utility service to the
Monteray Shores and adjacent developments and of which encompass the above referenced project and property.
CWSNC is a franchised and regulated public utility company in the state of North Carolina.
CWSNC is willing and able to provide the sanitary sewer utility needs for the above referenced lots for a combined
maximum capacity of Thirty Eight Thousand, Eight Hundred and Eighty (38,880) gallons per day.
Should you have any questions, please do not hesitate to contact me directly in our Charlotte Office at 704-525-7990
or by email at [email protected].
Thank you for your attention.
Sincerely,
Martin Lashua
Vice President of Operations
Cc: Danny Lassiter
Eddie Baldwin
Carlos Gomez, Coastal Engineering
a Utilities, Inc. company
Carolina Water Service, Inc. of North Carolina
P.O. Box 240908 Charlotte, NC 28224 P: 704-525-7990
5701 Westpark Dr., Suite 101 Charlotte, NC 28217
F: 704-525-8174
www.uiwater.com
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Attachment: MS Corolla Bay Sec II Wastewater Capacity Letter (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
3.B.e
Attachment: MS Corolla Bay Sec II Watermain Ext Permit (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
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Attachment: MS Corolla Bay Sec II Wastewater Permit (1015 : PB 87-56 Monteray Shores, Phase 3 (Corolla Bay, Section II))
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4.A
Currituck County
Agenda Item Title
Consideration and Action on an Ordinance Amending Article II. Sexually Oriented Businesses, Chapter 8
Of the Currituck County Code of Ordinances
<Insert Brief Description of Agenda Item Here>
Action
Donald (Ike) I. McRee Jr
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Currituck County
County Attorney
153 Courthouse Road, Suite 210
Currituck, North Carolina 27929
252-232-0300
FAX 252-232-3551
To:
From:
Ike McRee, County Attorney
Date:
January 28, 2015
Subject:
Ordinance Amending Article II, Chapter 8 of the Currituck County Code of
Ordinances Regulating Licensure of Sexually Oriented Businesses
This memorandum is provided in support of the above-referenced ordinance
amendment appearing on the Board’s meeting agenda for February 2, 1015. The purpose for
the ordinance amendment is to clarify a definition, remove erroneous language from the
section related to criminal penalty for violation of the ordinance, add an appropriate reference
to the provision for civil remedy of violations and to add a section regarding location of sexually
oriented businesses to protect sensitive uses from secondary impacts and provide consistency
between county ordinances. Each amendment is discussed below.
Amendment to Section 8-33. Definitions
The ordinance will amend the definition of “Adult Live Entertainer” to provide that any
person providing adult live entertainment is required to be licensed under the county ordinance
whether that person is an employee of the sexually oriented business or independent
contractor and whether they do or do not receive a fee for performing. As currently defined an
adult live entertainer might argue that a license is required only if they are an employee of the
sexually oriented business.
Amendment to Section 8-50. Criminal Penalty
The ordinance will strike the word “following” from the first line of this section so that
clearly any person who violates provisions of the ordinance are guilty of a misdemeanor. It
appears that when the ordinance was originally codified the first sentence was not modified to
reflect location of the section in the ordinance. In recent years the word “following” with no
Attachment: Memorandum Secondary Impacts on Sexually Oriented Businesses (1033 : Sexually Oriented Businesses Amendment)
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regulation thereafter was used in argument by a defendant that they were not subject to
criminal penalty because there was no regulation or prohibition “following” the section.
Amendment to Section 8-51. Civil Injunctions
The ordinance will strike “G.S. 160A-175” as a reference for civil remedies to enforce the
ordinance and add “section 1-8” which is the reference to civil remedies for enforcement of the
Currituck County Code of Ordinances.
Amendment adding Section 8-52. Location.
As currently written, the ordinance regulating the licensing of sexually oriented
businesses does not provide a requirement for location of such businesses. The lack of a
location requirement is inconsistent with the Currituck County Unified Development Ordinance
which limits the overconcentration of sexually oriented businesses in one area and recognizes
secondary impacts of sexually oriented businesses on sensitive uses by requiring a minimum
distance between sexually oriented businesses and sensitive uses such as residential dwellings,
religious complexes, schools, day care centers, public parks and other public facilities. As
proposed, the ordinance will not allow location of a sexually oriented business within 1,500 feet
of another sexually oriented business or within 1,500 feet of a building used as a residential
dwelling, residential zoning district, religious institution, school, state licensed day care center,
public library, public playground, public swimming pool or public park. Such language is
consistent with Currituck County Unified Development Ordinance requirements.
Under North Carolina law and by decisions of state and federal courts, a county is
authorized to regulate sexually oriented businesses. When the Board of Commissioners
originally adopted the county’s ordinance regulating and requiring the licensing of sexually
oriented businesses on July 7, 2003 the board properly considered studies regarding the
secondary impact of sexually oriented businesses and ordinances from other jurisdictions. With
the modification of the county’s ordinance it is appropriate that the Board study potential
adverse secondary impacts to be prevented. This can include a review of studies conducted in
other localities that the Board reasonably believes to be reliable and relevant.
The following studies are relevant to findings of adverse secondary impacts of sexually
oriented businesses on property value and sensitive uses and the need to adopt location
requirements for sexually oriented businesses:
Survey of Texas Appraisers; Secondary Effects of Sexually Oriented Businesses on Market
Values, June 2008
This study was commissioned by the Texas City Attorneys Association to determine the
opinions of real estate appraisers of the effects certain land uses had on residential and
commercial land values. An internet assisted survey was sent to 764 Texas appraisers who
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were Members of the Appraisal Institute and Senior Residential Appraisers. Of those sent
surveys, 195 responded with a response rate of 25.5 percent. The study concluded, among
other things, the following:
 More than 91 percent of responding appraisers believe that gentleman’s
clubs/strip club, adult media/video stores, video peep booth businesses and
lingerie and adult novelties stores have a negative impact on the market value of
single-family homes located within 500 feet of such use;
 More than 71 percent of responding appraisers believe that the negative effect
on the market value of a single-family home due to the proximity of a sexually
oriented business do not disappear until at least a half-mile or more (2,640 +
feet);
 More than 80 percent of responding appraisers believe that the concentration of
two or more sexually oriented businesses increases the negative effect on
market value of a single-family home;
 64 percent of responding appraisers believe that gentleman’s clubs/strip club,
adult media/video stores, video peep booth businesses and lingerie and adult
novelties stores have a negative impact on the market value of a community
shopping center located within 500 feet of such use;
 More than 63 percent of responding appraisers believe that the negative effect
on the market value of a community shopping center due to the proximity of a
sexually oriented business do not disappear until at least a quarter of a mile or
more (1,320 + feet);
 Nearly 73 percent of responding appraisers believe that the concentration or
two or more gentleman’s clubs/strip clubs, adult media and video store or video
peep booth businesses increases the negative effect on the market value of a
community shopping center;
 More than 89 percent of responding appraisers believe that having a retail
business that is open after 11:00 p.m. may have a negative effect on the market
value of a single-family home located within 500 feet.
A Report on the Secondary Impacts of Adult Businesses in the City of Denver, January 1998
In this study the study team reviewed impact studies conducted in 21 other cities and
counties across the United States. The study team also reviewed the impact of sexually
oriented businesses throughout Denver, Colorado, the secondary impact of such uses on
neighborhoods, the incidences of crime and the impact on property values. The study team
concluded that:

Studies from the 21 other jurisdictions found that sexually oriented
businesses caused negative secondary impacts to nearby properties and
neighborhoods, including criminal activity, litter, noise, traffic problems and
depreciation of property values;
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People who live or own businesses near adult use businesses, particularly
bookstores and theaters, feel the presence in the neighborhood lowers
property values, generates crime and contributes to an overall decrease in
the quality of life;
 Of Denver residents surveyed, 69 percent felt that adult businesses had a
negative overall impact on their neighborhood impacting neighborhood
appearance, litter, traffic and decreased property values;
 Activities observed by those living near adult use businesses included littering,
trespassing and drinking alcohol in public.
Litter generated by such
businesses included printed material containing pornography, used condoms,
sex paraphernalia and used syringes;
 75 percent of residents and 67 percent of business owners felt that adult
bookstores with live amusement had a negative overall impact on the
neighborhood with the observation of drug dealing, trash, prostitution and
illicit sexual activity occurring in parking lots’
 80 percent or residents and 41 percent of business owners felt that adult
theaters had a negative overall impact on the neighborhood with the
observation of prostitution, drug dealing, litter and trespassing;
 78 percent of residents and 47 percent of business owners felt that adult
cabarets and shops had a negative overall impact on the neighborhood with
the observation of litter and trash containing pornographic material;
 Analysis of police data showed that the incidence of disturbing the peace,
public indecency, prostitution, drug-related violations, loitering, robbery,
larceny, theft from motor vehicle and drinking and urinating in public was
significantly higher at many of the individual adult business locations than in
the city as a whole and that prowler and disturbance complaints, public
drunkenness, drug related crimes and public indecency was higher in areas
surrounding adult theaters and bookstores than in areas surrounding other
types of adult businesses;
 Assessed value of commercial properties within adult business blocks and
residential properties abutting adult business blocks increased to a lesser degree
than other properties in the same location;
 The impact on residential values is greater for properties that abut adult use
businesses than on commercial properties that abut such businesses.
Adult Business Study, Town and Village of Ellicottville/Cattaraugus County, New York,
January, 1998
This study was conducted by the Town and Village of Ellicottville, New York prior to the
location of sexually oriented businesses within the town. At the time of the study Ellicottville
was a small tourist destination community in rural western New York. With a year round
population of 1,600 there was a large and growing second home population. Ski areas in the
winter and summer outdoor recreational activities were important to the community’s partial
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dependence upon the tourism industry with the atmosphere and aesthetic features of the
community an important economic value. The Ellicottville study included review of studies
from other jurisdictions including New York City, New York; Islip, New York; Hyde Park, New
York; State of Minnesota; Phoenix, Arizona; Austin, Texas; Whittier, California; and Indianapolis,
Indiana. The Ellicottville study concluded that:
 The review of the various special studies on adult entertainment uses by other
communities leads to the conclusion that the location of adult entertainment
businesses can cause negative effects on the immediate
neighborhood. Those
negative effects can include increased crime, decreased
market values, public
resentment, a general blighting of the commercial
district and a negative
influence upon community character;
 Location of adult businesses within the historic business district could counter
the town’s efforts to create a family-oriented four season resort community;
 Establishment of adult uses near residential areas could have a disruptive
effect on the aesthetic qualities and residential values of established
neighborhoods and make a neighborhood less desirable for current residents
and potential home purchasers;
 There are certain land uses that are more susceptible to the impacts of an
adult entertainment neighbor including residential neighborhoods, schools,
churches, public facilities, parks, playgrounds and historic resources;
 Separation distances or buffers can be utilized to mitigate impacts to those
most sensitive land uses.
National Law Center for Children and Families, NLC Summaries of “SOB Land Use” Studies,
Crime Impact Studies by Municipal and State Governments on Harmful Secondary Effects of
Sexually-Oriented Businesses, 1996
This study, including the review of studies from 43 jurisdictions, assesses the impact of
sexually oriented businesses upon nearby residential and commercial areas. The study
particularly notes the effect of sexually oriented businesses on smaller municipalities. The
study finds that sexually oriented businesses support detrimental activities within the vicinity
that are incompatible with activities occurring within residential areas. Sexually oriented
businesses also have a negative impact on local businesses and that when sexually oriented
businesses are located near each other or near businesses that serve alcohol the harmful
impact increases. The study further concluded:
 There is a significant increase in property and personal crimes that occur within
1,000 feet of a sexually oriented business when it is located near an establishment
that sells alcohol;
 Sexually oriented businesses help create conditions that draw outsiders to the
area and provides venues for opportunistic crimes;
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



Public and semi-private spaces such as parking lots, spaces between buildings
and parks, located near sexually oriented businesses become used for illicit
purposes that drive away legitimate users and residents;
The presence of sexually oriented businesses effects perceived reductions in
the value of residential and commercial property;
Sexually oriented businesses are regional facilities that attract persons from
outside the community which makes sexually oriented business owners less
responsive to neighborhood problems, decreases the informal social control
of behavior and increases the potential for opportunistic crime;
The negative impacts of a sexually oriented business in a small town will likely
be more magnified than in a bigger city.
Adult Use Study, Newport News, Virginia Department of Planning and Development, March,
1996
This study included the review of sexually oriented business impact on public safety
from studies conducted in Indianapolis, Indiana; Los Angeles, California; Austin, Texas; Amarillo,
Texas; Beaumont, Texas; Los Angeles County, California; and Phoenix, Arizona. The study also
reviewed the impact of sexually oriented business impact nearby properties as set forth in
studies from the same communities as well as St. Paul, Minnesota. In addition, Newport News
studied the effect of sexually oriented businesses on public safety and nearby properties in its
city. The study concluded that:





The location of adult uses near other uses leads to increased crime and declining
property values. In Newport News police calls for service indicated adult uses
experience more crime problems that impact nearby neighborhoods and
businesses than other land uses;
Comparing adult uses with restaurants serving alcohol but not adult uses
indicated that adult uses have more calls for police service;
Comparison of control areas to areas with adult uses suggest that police calls for
service and crimes are higher in areas with concentration of adult uses;
A survey of Newport News realtors indicates 90 percent of realtors believe that
adult uses will lessen nearby residential property values and may lessen nearby
commercial property values depending on the type of adult use and the amount
of concentration;
From the studies of other jurisdictions, Newport News determined that:
Indianapolis, Indiana
The Indianapolis study concluded that residential properties in study areas
appreciated in value at one-half the rate of control areas. Appraisers felt that
there is a negative impact on residential and commercial property within one
block of an adult bookstore. The negative impact decreased with distance
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from the bookstore. The negative impact was greater for residential
properties than commercial properties.
Los Angeles, California
The Los Angeles report surveyed 400 real estate professionals with 20 percent
responding. 88% felt that the concentration of adult businesses would
decrease the market value of business property located in the vicinity.
felt the concentration would decrease the rental value of business property.
59% felt the concentration would decrease the ability to rent or sale
business property nearby. 73% felt the concentration would decrease the
annual income of businesses located in the vicinity. 90% felt the
concentration of adult uses would decrease the market value of private
residences within 1,000 feet, 86% felt the concentration would decrease the
rental value of residential property, and 90% felt the concentration
would decrease the ability to rent or sale residential property within 1,000
feet.
St. Paul, Minnesota
The study Effects on Surrounding Area of Adult Entertainment Businesses
indicated there was a correlation between deteriorating housing values,
crime rates and the location of adult businesses. It also concluded that there
was a stronger correlation with neighborhood deterioration after the
establishment of an adult business than before.
Austin, Texas
A survey of real estate appraisers and lenders in Austin, Texas found that 88%
of the respondents believed an adult bookstore would decrease residential
property values within one block. They noted adult businesses nearby made
homes less attractive to families, which reduces demand and property values.
Dana M. Tucker, Preventing the Secondary Effects of Adult Entertainment Establishments; Is
Zoning the Solution, Journal of Land Use and Environmental Law, Vol. 12:2, Spring, 1997
This law review article considers how sexually oriented businesses impact a community,
what are the secondary effects, and what needs to be in place for an ordinance to be sufficient
to protect the local community. Adverse secondary effects on a community are shown to cause
deterioration of properties, increased crime, and the attraction of undesirable, transient
people. The secondary effect studies on property value nearby sexually oriented businesses
ranged from surveys of realtors, appraisers, lenders and property owners who opined that they
would not buy property in an area where an existing sexually oriented business was located and
if established in a residential or commercial area it would lower property values from a
“moderate to substantial amount.” Another approach was used in Los Angeles and Indianapolis
that reviewed property values in an area with a sexually oriented business and in a similar area
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without one. The effect on property values depends upon the type of adult business, how it is
operated and how it is marketed.
In addition to these studies, consideration has been given to publications from the
University of North Carolina School of Government, notably David W. Owens, “Regulating
Sexually Oriented Businesses”, Special Series No. 15, January, 1997; and David W. Owens,
“Recent Developments Regarding Local Regulation of Sexually Oriented Businesses”, Planning
and Zoning No. 10, August, 1998. Also considered is the ordinances of the Town of Nags Head,
North Carolina and Dare County, North Carolina regulating sexually oriented businesses whose
findings were based on the review of studies from throughout the United States. Lastly,
reliance has been placed on studies cited and addressed by the courts in City of Renton v.
Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, Inc., 427 U.S. 50
(1976), and Barnes v. Glenn Theater, Inc., 501 U.S. 560 (1991).
The studies cited in this memorandum, as well as the additional information cited in the
previous paragraph, are compiled and available for your further review. The information is
contained in a notebook entitled “Studies on Secondary Impacts of Sexually Oriented
Businesses” and filed with the Clerk to the Board of Commissioners. Staff recommends
approval of the ordinance as presented.
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AN ORDINANCE AMENDING ARTICLE II, CHAPTER 8 OF THE CURRITUCK
COUNTY CODE OF ORDINANCES TO PREVENT HARMFUL SECONDARY
IMPACTS ON SENSITIVE USES OF PROPERTY AND TO PROVIDE FOR
LICENSURE CONSISTENCY WITH OTHER COUNTY ORDINANCES
WHEREAS, pursuant to N.C. Gen. Stat. §153A-121 a county may by ordinance define,
regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or
welfare of its citizens; and
WHEREAS, pursuant to N.C. Gen. Stat. §§153A-134 and 160A-181.1 a county may
regulate and license businesses, forms of amusement and entertainment and regulate sexually
oriented businesses through zoning regulations, licensing requirements or other appropriate local
ordinances; and
WHEREAS, on July 7, 2003 a Currituck County ordinance was enacted regulating
sexually oriented businesses and on June 21, 2010 the ordinance was amended to ensure that the
licensure of sexually oriented businesses and adult live entertainers is consistent with other
county ordinances; and
WHEREAS, it is the purpose of this ordinance to regulate sexually oriented businesses in
order to protect the public health, safety and welfare of citizens and visitors and to establish
reasonable an uniform regulations to prevent the deleterious location of sexually oriented
businesses within the county; and
WHEREAS, this ordinance is designed to minimize the potential secondary impacts of
sexually oriented businesses on sensitive uses such as residential districts, schools, churches, day
care centers and the like and to provide an area where First Amendment rights may be exercised
without infringing on the rights of others and to provide consistency with other county
ordinances on the location of sexually oriented businesses; and
WHEREAS, the Board of Commissioners for the County of Currituck further finds that
tourism is a major component of the county’s economy and that sexually oriented businesses will
have negative effect on tourism and the county as a family vacation destination; and
WHEREAS, with the enactment of N.C. Gen. Stat. §160A-181.1 the North Carolina
General Assembly has found and determined that:
sexually oriented businesses can and do cause adverse secondary
impacts on neighboring properties. Numerous studies that are
relevant to North Carolina have found increases in crime rates and
decreases in neighboring property values as a result of the location
of sexually oriented businesses in inappropriate locations or from
the operation of such businesses in an inappropriate manner.
Reasonable local government regulations of sexually oriented
businesses in order to prevent or ameliorate adverse secondary
Attachment: Ordinance Amending ChapterArticle II, Chapter 8 SOB (1033 : Sexually Oriented Businesses Amendment)
4.A.b
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4.A.b
impacts is consistent with the federal constitutional protection
afforded to nonobscene but sexually explicit speech.
;and
WHEREAS, based on the North Carolina General Assembly’s findings and
determination and evidence concerning the adverse secondary effects of sexually oriented
business on the community and findings incorporated in the cases City of Renton v. Playtime
Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976),
and Barnes v. Glenn Theater, Inc., 501 U.S. 560 (1991), and on studies in other communities
including, but not limited to, Dallas/Fort Worth, Texas; Denver Colorado; Ellicottville, New
York; Newport News, Virginia; Indianapolis, Indiana; Los Angeles, California; and St. Paul,
Minnesota; Austin, Texas; the findings in Article IV, Chapter 12 of the Town of Nags Head,
North Carolina Code of Ordinances; the findings in Chapter 112 of the Dare County, North
Carolina Code of Ordinances; David W. Owens, “Regulating Sexually Oriented Businesses”,
Special Series No. 15, January, 1997; and David W. Owens, “Recent Developments Regarding
Local Regulation of Sexually Oriented Businesses”, Planning and Zoning No. 10, August, 1998,
the Board of Commissioners for the County of Currituck further finds that:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy
activities that are uncontrolled by the operators of the establishments and that
without reasonable regulation there is no mechanism to make owners of such
establishments responsible for activities that occur on their premises.
(2)
Employees of certain sexually oriented businesses engage in higher incidences of
certain types of illicit sexual behavior than employees of other commercial
establishments.
(3)
At least 50 communicable diseases may be spread by activities occurring in
sexually oriented businesses including, but not limited to, syphilis, gonorrhea,
human immunodeficiency infection, genital herpes, hepatitis B, Non A, Non B
amebiasis, salmonella infections and shigella infections.
(4)
Sanitary conditions in some sexually oriented businesses are unhealthy, in part,
because the activities conducted there are unhealthy and, in part, because of the
unregulated nature of the activities and the failure of owners and operators of the
facilities to self-regulate those activities and maintain those facilities.
(5)
Numerous studies and reports have demonstrated that the consumption of alcohol
or alcoholic beverages at a sexually oriented business increases the potential for
illicit sexual activity, violence, acts characterized as disturbing the peace, and
other indentified nuisances to occur.
(6)
Studies have demonstrated that sexually oriented businesses are regional
businesses and as such have a regional draw.
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(7)
Small towns, and by extension rural areas, do not have sufficient target
populations to support sexually oriented businesses as has been demonstrated in
numerous trade area studies.
(8)
Studies have demonstrated that a sexually oriented business in a small town, and
by extension rural areas, will draw in a regional population consisting largely of
adult males in their twenties whose interests and activities are different from those
of the older adults or families in the community.
(9)
Studies have demonstrated that where sexually oriented businesses are located,
other activities that are illegal or unhealthy tend to accompany them, concentrate
around them, and be aggravated by them. Such other activities include but are not
limited to prostitution; solicitation for prostitution; lewd and lascivious behavior;
possession, distribution, and transportation of obscene materials; sale or
possession of controlled substances; and violent crimes against persons and
property.
(10)
Sexually oriented businesses tend to blight neighborhoods, adversely affect
neighboring businesses, lower property values, foster an atmosphere that
promotes crime, and ultimately lead other residents and commercial
establishments to relocate.
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(11)
By establishing location criteria to keep sexually oriented businesses away from
sensitive uses, such as residential districts, schools, day care centers, religious
facilities, playgrounds and parks the potential for the indentified secondary harms
to be felt by the sensitive uses is lessened.
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(12)
Those individuals who desire to purchase, lease, or sell those items or services
provided by sexually oriented businesses or who wish to participate in activities
provided by sexually oriented businesses have additional reasonable alternative
avenues available to do so including but not limited to:
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a.
Access to sexually oriented items and services within the county
which are permitted to sell and distribute sexually oriented items and
services;
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b.
Access to sexually oriented items and services within the regional vicinity
of the county, including locations in Dare County municipalities,
Elizabeth City, North Carolina, and the incorporated portions of Tidewater
Virginia;
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c.
Access to cable television, including premium channels, pay-per-view
channels and adult channels, access to satellite dish transmissions, internet
access, telephone access, on-line computer services and access to sexually
oriented material via mail and other delivery services.
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(13)
The general welfare, health and safety of the citizens and visitors of the county
will be promoted and protected by the enactment of this ordinance; and
4.A.b
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WHEREAS, the Board of Commissioners for Currituck County, North Carolina, after
consideration of the issues raised in studies of secondary impacts of sexually oriented businesses
finds that the location of sexually oriented businesses in areas where they would be incompatible
with surrounding uses could impair the health, safety, welfare and financial well-being of the
county’s citizens and visitors
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners for the
County of Currituck as follows:
Part I. Section 8-33. Definitions of the Currituck County Code of Ordinances is amended to
read as follows:
Sec. 8-33. Definitions.
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Adult bookstore means a retail establishment that has:
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(1) As one of its principal business purposes the sale or rental of, or a substantial or
significant portion of its stock in trade for sale or rental:
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a.
Publications which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified anatomical areas or specified sexual
activities, as defined in this section; and/or
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b.
Sexually oriented devices, as defined in this section.
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(2) As used in this definition, publications include, by way of illustration, books,
magazines, other periodicals, movies, video tapes, and other products offered in
photographic, electronic, magnetic, digital, or other imaging medium.
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(3) Any of the following shall be indicia that an establishment has as one of its principal
business purposes the sale or rental of: 1) publications which are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas, as defined in this section; and/or 2)
sexually oriented devices, as defined in this section:
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a.
The business advertises the sale or rental of adult publications and/or sexually
oriented devices;
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b.
Access by persons under 18 years of age to the business establishment or portions
of the business establishment is restricted;
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c.
Signs or notices are posted outside and/or inside the business establishment
indicating that the material offered for sale or rental might be offensive;
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d.
The building or portion of the building containing the business establishment does
not have windows or has windows that are screened or otherwise obstructed or are
situated in a manner that restricts visual access from outside the building to
materials displayed within for sale or rental.
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Such indicia shall be considered along with all other factors and available information.
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(4) Notwithstanding the foregoing, a general circulation video store that does not offer for
sale any sexually oriented devices shall not constitute an "adult bookstore" even though
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it offers for sale and/or rental video tapes which are distinguished or characterized by
their emphasis on matter depicting, describing, or relating to specified anatomical areas
or specified sexual activities, as defined in this section, so long as:
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a.
Such described video tapes are stocked and displayed in a room separate from the
area of the business establishment where general circulation video tapes are stocked
and displayed;
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b.
Access by persons under 18 years of age to the room where such described video
tapes are stocked and displayed is restricted;
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c.
The square footage of the separate room where such described video tapes are
stocked and displayed is no more than ten percent of the square footage of the area
where general circulation video tapes are stocked and displayed; and
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d.
The general circulation video tape portion of the business establishment offers a
quantity and selection of new release general circulation video tapes that is typical
of a general circulation video store and offers a quantity and selection of other
general circulation video tapes that are organized and displayed in a manner that is
typical of a general circulation video store.
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Adult live entertainer means an employee who engages in or performs any person who
provides adult live entertainment within or at an adult live entertainment business whether or not
a fee is charged or accepted for adult live entertainment and whether or not adult live
entertainment is provided by that person as an employee or an independent contractor.
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Adult live entertainment means any performance of or involving the actual presence of real
people which exhibits specified sexual activities or specified anatomical areas, as defined in this
section.
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Adult live entertainment business means any establishment or business which has as one of
its principal business purposes the presentation of adult live entertainment for observation by
patrons.
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Adult mini motion picture booth means any booth or partitioned area of less than 150 square
feet in an adult mini motion picture theatre that is designed to hold patrons for the presentation
and viewing of still or motion pictures (slides, film, video tape, laser disc, CDROM or other
imaging media) that are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified anatomical areas or specified sexual activities, as defined in
this section.
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Adult mini motion picture theatre means a commercial establishment with one or more adult
mini motion picture booths where:
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(1) One of the principal business purposes is the presentation and viewing of still or motion
pictures in the viewing booths that are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified anatomical areas or specified
sexual activities, as defined in this section; or
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(2) A substantial or significant portion of the stock of still or motion pictures available for
viewing or that are actually viewed in the viewing booths are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to specified
anatomical areas or specified sexual activities, as defined in this section.
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(3) Any of the following shall be indicia that the business establishment has as one of its
principal business purposes the presentation and viewing in viewing booths still or
motion pictures which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical
areas, as defined in this section:
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a.
Restricted access to the business establishment or portions of the business
establishment where viewing booths are located by persons under 18 years of age;
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b.
Posted signs or notices outside and/or inside the business establishment indicating
that the material offered for presentation and viewing in the viewing booths might
be offensive.
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Such indicia shall be considered along with all other factors and available information.
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Adult motion picture theatre means a commercial establishment that regularly presents
motion pictures which are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas, as defined in
this section, in an area, whether enclosed or not, of 150 square feet or greater, for observation by
patrons therein.
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Adult motel/hotel means a motel or hotel where residential rooms are let to the public for
rental rates computed on hourly rates of three hours or less.
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Applicant means and includes the owner of a sexually oriented business.
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Clothing modeling studio means any place where, for any form of consideration or gratuity,
a person agrees or offers to privately model clothing, including, but not limited to, lingerie, for
an individual patron.
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Convicted means an adjudication of guilt and entry of judgment following a trial or a plea of
guilty or no contest in a criminal case arising under local, state, or federal law.
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County manager means the County Manager of the County of Currituck, or his or her
designee (who shall not be an employee of the County of Currituck Sheriff's Office).
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Employee describes and pertains to any person who performs any service or entertainment
upon the premises of a sexually oriented business whether or not the person is denominated an
employee, independent contractor, agent, or otherwise and regardless of whether or not the
person is paid a salary, wage, or other compensation by the operator of the business. "Employee"
does not include a person exclusively on the premises for any of the following:
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(2) The delivery of goods to the premises; or
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(3) The delivery of services, such as legal, accounting, insurance, or other similar services
provided to businesses generally.
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Licensee means a person in whose name a license to operate a sexually oriented business has
been issued, as well as the individual listed as an applicant on the application for a license.
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Operator means and includes any person who is both present on and in charge of any
sexually oriented business premises.
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Owner means the legal owner of a sexually oriented business and includes the following:
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(1) The owner of a sole proprietorship; or
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(2) Each member of a firm, association, or general partnership; or
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(3) Each general partner in a limited partnership; or
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(4) Each officer, director, and owner of 50 percent or more of the stock of a corporation.
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Person means an individual, proprietorship, partnership, corporation, association, or other
legal entity.
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Sexually oriented business means and includes any adult bookstore, adult live entertainment
business, adult mini motion picture theatre, adult motion picture theatre, or clothing-modeling
studio, as defined in this section.
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Sexually oriented crime means and includes any criminal offense under local, state, or
federal law involving or related to rape, sex offense, sexual abuse of minors, crime against
nature, incest, prostitution, indecent exposure, or this article.
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Sexually oriented devices means, without limitation, any artificial or simulated specified
anatomical area or other device or paraphernalia that is designed principally for specified sexual
activities, but shall not mean any contraceptive device.
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Sheriff means the Sheriff of Currituck County or his or her lawful designee.
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Specified anatomical areas means:
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(1) Less than completely and opaquely covered:
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Human genitals, pubic region; or
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Buttock; or
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Female breast below a point immediately above the top of the areola; or
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(2) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
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Specified sexual activities means:
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(1) Human genitals in a state of sexual stimulation or arousal; or
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(2) Sex acts, normal or perverted, actual or simulated, including human masturbation,
sexual intercourse, oral copulation, or sodomy; or
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(3) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or
female breasts; or
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(4) Excretory functions, as part of or in connection with any of the activities set forth in
subsections (1) through (3) above.
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Straddle means the following act: the straddling of the legs of one person over any part of
the body of any other person, regardless of whether there is a touch or touching.
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4.A.b
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Part II. Section 8-50. Criminal Penalty of the Currituck County Code of Ordinances is
amended to read as follows:
Sec. 8-50. Criminal penalty.
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Any person who violates any of the following provisions of this article shall be guilty of a
misdemeanor as provided in G.S. 14-4 and, upon conviction, shall be subject to the maximum
fine of $500.00, or imprisonment, or both. Each violation shall be considered a separate and
distinct offense, and each day of continued violation shall be considered as a separate offense.
The issuance of a notice of violation or a suspension or revocation of a sexually oriented
business license shall not prohibit the imposition of a criminal penalty and the imposition of a
criminal penalty shall not prevent the issuance of a notice of violation or a suspension or
revocation of the license. In the event that G.S. 14-4 is amended as to the amount of fine or time
of incarceration that may be imposed, the maximum penalties that may be imposed by court of
competent jurisdiction under any such amendment are automatically applicable in lieu of those
stated herein.
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Part III. Section 8-51. Civil Injunction of the Currituck County Code of Ordinances is amended
to read as follows:
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PART IV.
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Sec. 8-52. Location.
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Sec. 8-51. Civil injunction.
In addition to the issuance of a notice of violation, the suspension or revocation of a sexually
oriented business license or adult live entertainer license, or a prosecution for criminal violations,
any person who violates this article may be subject to all civil and equitable remedies stated in
G.S. 160A-175 section 1-8.
Article II, Chapter 8 of the Currituck County Code of Ordinances is amended by
adding Section 8-52. Location to read as follows:
A sexually oriented business may not:
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(a) locate within 1,500 feet in any direction from a building in which a sexually oriented
business is located.
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(b) locate within 1,500 feet in any direction from a building used as a residential
dwelling or from any residential zoning district established by the Currituck County Unified
Development Ordinance.
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(c) locate within 1,500 feet in any direction from a building used as a religious
institution, a school, a state licensed day care center, a public library or any lot or parcel on
which a public playground, public swimming pool, or public park is located.
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Measurement shall be made in a straight line, without regard to intervening structures or
objects, from the nearest portion of the building or structure used as the part of the premises
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where a sexually oriented business is conducted to the nearest portion of a building or structure
of a use listed in this section.
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PART V.
If any provision, section, part, paragraph, phrase or sentence of this ordinance is
found to be invalid, all other provisions, parts, paragraphs, phrases, and sentences
shall remain valid and in full force and effect.
PART VI.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
PART VII.
This ordinance shall be effective immediately upon its adoption except that a
sexually oriented business existing prior to the effective date of this ordinance
shall comply with Part IV. of this ordinance on or before January 1, 2016.
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ADOPTED this _____day of ___________________, 2015.
____________________________________
S. Paul O’Neal, Chairman
ATTEST:
______________________________
Leanne Walton
Clerk to the Board of Commissioners
APPROVED AS TO FORM:
____________________________
Donald I. McRee, Jr.
County Attorney
Date adopted: ________________
Motion to adopt by Commissioner ________________
Second by Commissioner _________________
Vote: _____ AYES _____NAYS
(COUNTY SEAL)
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4.B
Currituck County
Agenda Item Title
Ground Lease at Maple Commerce Park with Sysco Hampton Roads, Inc.
Consideration and action on proposed lease of 1.14 acres at Maple Commerce Park to Sysco Hampton
Roads, Inc. for the storage of tractors and trailers used in regional distribution operations. The property
to be leased is the former bus parking area near Currituck Regional Airport.
Action
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4.B.a
This Ground Lease (“Lease”) is entered into as of the “Effective Date” (as defined
in Section 24) by and between the COUNTY OF CURRITUCK, a body corporate and politic
existing under to the laws of the State of North Carolina ("Landlord"), and SYSCO
HAMPTON ROADS, INC a Virginia corporation (“Tenant"). Landlord and Tenant will
sometimes be referred to in this Lease individually as a “party” and collectively as the
“parties.”
BACKGROUND:
A.
Landlord owns certain real property located Terminal Road, Maple, North
Carolina (“Land”).
B.
Tenant wants to lease a portion of the Land upon which Tenant would
store refrigerated trailers and tractors for use in delivery and distribution operations.
In consideration of the mutual promises, terms and conditions contained in this
Lease, and for other good and valuable consideration, the receipt and sufficiency of
which are acknowledged by the parties, Landlord and Tenant agree as follows:
1.
Lease of Premises. Subject to the terms and conditions of this Lease,
Landlord leases to Tenant and Tenant leases from Landlord a portion of the Land, such
portion being described on Exhibit A (“Premises”) attached to and incorporated by
reference into this Lease.
2.
Access. Tenant will have access to the Premises 24 hours per day, 7 days per
week. If it is not possible for Tenant to access the Premises without crossing over the Land,
then if applicable, Landlord grants to Tenant during the “Term” (as defined in Section 4) the
right to cross over the Land so that Tenant may access the Premises to exercise its rights under
this Lease.
3.
Permitted Use. Tenant is permitted to use the property for storage of
refrigerated trailers and tractors for delivery and distribution purposes. Tenant may
improve the Premises with a non-permanent small storage building, gravel or other
pervious stone to improve compaction, and installation of a security light if in
accordance with the height regulations of the Currituck County Unified Development
Ordinance (“Permitted Use”).
4.
Term. The term of this Lease will begin on the Effective Date and
continue for a period of 30 days from the Effective Date, automatically renewable upon
payment of rent for the next succeeding month. This Lease may be terminated by
either party upon sixty (60) days prior written notice, or sooner terminated as provided
elsewhere herein.
Attachment: SYSCO HR Ground Lease Maple Commerce Park 2 2 15 (1040 : Sysco Lease Agreement)
GROUND LEASE
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4.B.a
5.1
Monthly Rent will be paid in advance on the first day of each and every
calendar month during the Term, payable by Tenant in advance without any prior
demand and without any set-off or deductions. If the Effective Date occurs on a day
other than the first day of a calendar month, or if this Lease terminates or expires prior
to the last day of a calendar month, the applicable Monthly Rent will be pro-rated
accordingly on a per diem basis.
5.2
Tenant will make all payments of Monthly Rent (or any other payments
Tenant is required to make to Landlord under this Lease) payable to Landlord and
deliver the same in the manner for giving notice prescribed in Section 21.1, or by regular
United States first class mail, postage prepaid, to Landlord at the following address:
County of Currituck
Attn: Finance Officer
153 Courthouse Road, STE 101
Currituck, NC 27929
Landlord will give notice to Tenant of any change in this payment address in the manner
for giving notice prescribed in Section 21.
6.
Applicable Law. This Lease will be governed, construed and interpreted
in accordance with the laws of the State of North Carolina without regard to its conflict
of laws principles, and is also subject to all other applicable laws, ordinances,
requirements, codes, orders, decisions, rules and regulations of applicable state,
municipal, county, federal or other governmental authorities (collectively, “Applicable
Laws”). Tenant will comply with and observe all Applicable Laws relating to Tenant’s
Permitted Use, its duties and obligations under this Lease and its exercise of its rights
and obligations under this Lease. Tenant will indemnify, hold harmless and defend
Landlord from and against any and all claims, suits, actions, damages, penalties, loses,
liabilities, costs, expenses and fees (including reasonable attorneys’ fees) (collectively,
“Damages”) arising from or related to Tenant’s failure to comply with and observe any
Applicable Laws.
7.
Authorization. If applicable, Tenant is solely responsible for obtaining all
necessary licenses, authorizations, permits and consents from any governmental
authority as may be required so that Tenant can engage in the Permitted Use and
otherwise exercise its rights under this Lease (collectively, “Authorization”). Landlord
will not be liable to Tenant for any failure of Tenant to obtain any Authorization, or any
revocation, expiration or termination of any Authorization. Tenant will indemnify, hold
harmless and defend Landlord from and against any and all Damages for a claim against
5.
Rent. During the Lease Term, Tenant will pay to Landlord as rent for the
Premises the sum of $300 per month (“Monthly Rent”).
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Landlord arising from or related to Tenant’s failure to obtain an Authorization or a
revocation, expiration or termination of an Authorization.
Indemnification and Hold Harmless.
8.1
Landlord will not be liable to Tenant for any Damages in connection with
the loss of life, bodily injury or damage to property (including but not limited to any
motor vehicles or their contents) arising from or out of Tenant’s exercise of the rights
granted to it under this Lease, and arising from or out of any occurrence on or about the
Premises, except to the extent caused by the negligence or intentional misconduct of
Landlord, its employees, agents or contractors.
8.2
Tenant will indemnify, defend and hold harmless Landlord from and
against any and all Damages in connection with the loss of life, bodily injury or damage
to property arising from or out of Tenant’s exercise of the rights granted to it under this
Lease, and arising from or out of any occurrence on or about the Premises, except to the
extent caused by the negligence or intentional misconduct of Landlord, its employees,
agents and contractors.
9.
Insurance.
9.1
Throughout the Term, Tenant must obtain and maintain insurance with
financially reputable insurers that are licensed to do business in the state where the
Premises is located in the following types and amounts of coverage: (a) Workers’
Compensation as provided for under any Workers’ Compensation or similar law; (b)
Commercial General Liability with respect to the Premises, and including coverage for
Contractual Liability and Products/Completed Operations Liability, with a limit of not
less than $1,000,000 combined single limit per occurrence for loss of life, bodily injury,
property damage and personal injury liability and $2,000,000 general aggregate, naming
Landlord as additional insured; (c) Business Vehicle insurance covering the ownership,
maintenance or use of any owned, non-owned or hired vehicle with a limit of not less
than $1,000,000 combined single limit per accident for loss of life, bodily injury and
property damage liability, naming Landlord as additional insured; (d) Umbrella/Excess
Liability with limits of not less than $1,000,000 combined single limit per occurrence and
annual aggregate in excess of the Commercial General Liability, Business Auto Liability
and Employer’s Liability, naming Landlord as additional insured; and (e) “All Risk”
Property insurance covering not less than the full replacement cost of Tenant’s personal
property, leasehold improvements and leasehold interest. Tenant will, upon its receipt
of Landlord’s request, deliver to Landlord certificates of insurance evidencing Tenant’s
compliance with the insurance coverage Tenant is required to carry under this Lease,
including copies of any relevant endorsements or policy provisions.
8.
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9.2
The parties must look first to any insurance in its favor before making any
claim against the other party for recovery resulting from injury to any person, including
a party’s employees, agents and contractors, or damage to any property, arising from
any cause, regardless of negligence. The parties will release and waive to the fullest
extent permitted by law and cause its insurers to waive all rights of recovery by
subrogation against each other for any cause whatsoever.
10.
Default and Remedies.
10.1 A party’s failure to perform any monetary obligation under this Lease
within 30 days of its receipt of notice of delinquency from the party owed the monetary
obligation will constitute a default.
10.2 A party’s failure to perform any non-monetary obligation under this
Lease within 30 days of its receipt of notice of non-performance from the other party
will constitute a default. However, if the non-monetary default cannot reasonably be
cured within such 30 day period, it will not be a default under this Lease if the defaulting
party commences action to cure the default within such 30 day period, and thereafter
proceeds with due diligence to and fully cure the default.
10.3 In the event of a default, the non-defaulting party may terminate this
Lease, as well as resort to any other remedies to which it is entitled under this Lease, at
law or in equity. All remedies to which a party is entitled are cumulative and are not
exclusive of other remedies to which a party may be entitled. Use of one or more
remedies does not bar the use of any other remedy.
11.
Forum Selection and Waiver of Jury Trial. Any court proceeding brought
by either party against the other must be brought, as appropriate, in the General Court
of Justice of the State of North Carolina or in the Federal District Court for the Eastern
District of North Carolina. Each party agrees to personal jurisdiction in either court.
12. Assignment and Sublease. Tenant will not assign or transfer this Lease in
whole or in part, and will not sublease all or any portion of the Premises, without the
prior consent of Landlord in each instance, which consent will not be unreasonably
withheld, conditioned or delayed. Notwithstanding the foregoing sentence, Tenant may
assign this Lease in whole or in part or sublease all or any portion of the Premises
without the prior consent of Landlord to: (1) any entity controlling, controlled by or
under common control with Tenant; (2) any surviving successor entity or newly created
successor entity in the event of a merger, reorganization or consolidation involving
Tenant; and (3) the purchaser of all or substantially all of Tenant’s assets located in the
County of Currituck, North Carolina.
13.
4.B.a
Maintenance and Landlord’s Right of Entry.
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13.1 During the Term, Landlord will have no maintenance responsibilities
whatsoever for the Premises and any Tenant improvements and property placed on the
Premises. Tenant will be solely responsible at its own cost and expense for repairing
and maintaining the Premises and any Tenant improvements and property placed at the
Premises in a proper and safe condition.
13.2 Landlord, its employees, agents and contractors may, upon reasonable
prior notice to Tenant, enter the Premises: (a) for all lawful purposes and to whatever
extent necessary to enable Landlord to exercise all of its rights and carry out its
obligations under this Lease; and (b) to do anything Landlord deems reasonably
necessary or desirable for the good of the Premises. The exercise by Landlord of the
foregoing right of entry will not constitute an eviction of Tenant and will not permit
Tenant to withhold or abate Monthly Rent. If in Landlord’s reasonable sole discretion
an emergency situation exists such that Landlord must immediately enter the Premises,
Landlord may enter the Premises without any prior notice, and will attempt to follow
such entry with oral notice to Tenant as soon as is reasonably possible after the entry.
Tenant’s contact information for such oral notice is as follows: Mr. Pete Romanelli,
Transportation Manager, Sysco Hampton Roads, Inc. at 757-673-4039 or 757-5315326. Tenant will give notice to Landlord of any change in this contact information in the
manner prescribed for giving notice in Section 21.
14.
Utilities. Tenant will pay when due all charges for heat, water, sewage,
electricity, telephone and any other utility used or consumed by it on the Premises and
in exercising the rights granted to it under this Lease, and will contract for those services
in its own name.
15.
Liens. If any mechanic's, materialman’s or other lien is filed against the
Premises or Land by reason of work, labor, services or materials performed by, for or
furnished to Tenant or anyone holding any part of the Premises under Tenant, Tenant
will, within 45 days after Tenant’s receipt of written notice of the lien filing, cause the
lien to be discharged of record by payment, bond, order of a court of competent
jurisdiction or otherwise. The foregoing will not be construed to limit Tenant's rights to
contest the basis for the lien, provided the lien is discharged of record. If Tenant fails to
discharge any lien within the 45-day period, Landlord may, upon delivery of written
notice to Tenant, remove the lien by paying the full amount thereof or by bonding or in
any other reasonable manner Landlord deems appropriate, without investigating the
validity of the lien and irrespective of the fact that Tenant may contest the propriety or
the amount of the lien, and Tenant will pay Landlord, within 30 days after Tenant’s
receipt of a written demand from Landlord, the amount paid by Landlord to discharge
the lien, together with reasonable, actual and documented expenses incurred in
connection with the discharge, including reasonable attorneys' fees. Nothing contained
in this Lease will be construed as consent on the part of Landlord to subject Landlord's
4.B.a
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4.B.a
16.
Hazardous Substances. Tenant will not permit any "Hazardous
Substances" (as defined below) to be used, stored, generated or disposed of on, in or
under the Premises or Land, except for those Hazardous Substances which may lawfully
be used in Tenant’s engaging in the Permitted Use, or as are reasonably required in
performing the obligations of Tenant under this Lease, and then only to the extent no
laws pertaining to Hazardous Substances are violated in so doing. Tenant will promptly
furnish Landlord with copies of any notices filed by Tenant or received by Tenant
relating to Tenant's compliance with Environmental Laws. For purposes of this Lease,
"Hazardous Substances" means any substance that is toxic, radioactive or corrosive and
that is, in the form, quantity, condition and location then existing, regulated by any
governmental agency. Tenant will indemnify, hold harmless and defend Landlord from
and against any and all Damages for a claim arising from or related to Tenant’s failure to
comply with the requirements of this Section 16.
17.
Quiet Enjoyment. Provided Tenant performs of all the agreements,
terms and conditions on Tenant's part to be performed under this Lease and is not in
default, Tenant will peaceably and quietly hold and enjoy the Premises for the Term
without hindrance or interruption.
18.
Surrender and Removal. Tenant agrees to quit and peaceably surrender
possession of the Premises to Landlord at the expiration or termination of this Lease in
substantially the same condition as the Premises was in on the Effective Date
(reasonable wear and tear excepted), which will include Tenant’s complete removal
from the Premises of Tenant’s personal property and improvements
19.
Condemnation.
19.1 If the entire Premises is appropriated or taken under the power of
eminent domain by any public or quasi-public authority or conveyed in lieu thereof
(collectively, “Condemned” or “Condemnation”), this Lease will terminate as of the
earlier of the date of taking of possession by the condemning authority or the date title
to the Premises vests in the condemning authority. If any portion of the Premises is
Condemned, Landlord will provide written notice to Tenant of the same, setting forth in
detail the circumstances of the same, including the portion so Condemned. Thereafter,
if the remaining portion of the Premises is unsuitable for Tenant’s Permitted Use, as
reasonably determined by Tenant, Tenant may terminate this Lease by giving notice to
Landlord within 60 days after Tenant’s receipt of the written notice from Landlord
advising as to the circumstances of the Condemnation.
interest or estate in the Premises and Land to any lien or liability under applicable lien
laws.
19.2 All compensation awarded or paid in connection with a Condemnation
will belong to and be the property of Landlord, without any participation by Tenant;
provided, however, Tenant may claim in the Condemnation proceedings any award as
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4.B.a
20.
Taxes. Tenant will pay to Landlord Tenant’s pro-rata share of property
taxes, assessments and other governmental charges (general and special) assessed
against the Premises, based upon the percentage of the size of the Premises relative to
the total size of the Land. Tenant will pay, prior to delinquency, all taxes assessed or
levied against Tenant’s personal property located on or about the Premises.
21.
Notice.
21.1 Whenever any notice, consent, approval, request or authorization and
the like (collectively, “Notice") is required or permitted under this Lease, the same must
be in writing (except for any oral notice specifically permitted under this Lease). Notice
must be sent by certified mail, return receipt requested, postage prepaid or by a
nationally recognized overnight courier service to the parties at the following addresses:
If to Tenant:
Mr. Mark Grace
Vice President, Operations
Sysco Hampton Roads, Inc
7000 Harbor View Blvd
Suffolk, VA 23435
With a copy to:
Mr. Pete Romanelli
Transportation Manager
Sysco Hampton Roads, Inc
7000 Harbor View Blvd
Suffolk, VA 23435
If to Landlord:
County of Currituck
Att: Peter Bishop, Economic Development
153 Courthouse Road, STE 207
With a copy of any Landlord default Notice (which will not constitute
Notice to Landlord) to:
may be allowed for relocation costs, fixtures and equipment installed and paid for by
Tenant, provided the claim will not reduce Landlord's award.
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Packet Pg. 130
4.B.a
21.2 Notice will be deemed effective on the date shown on the return receipt
if Notice is given by certified mail or the confirmation of delivery form if Notice is given
by overnight courier service. Rejection or refusal to accept or the inability to deliver
because of a changed address of which no Notice was given will be deemed to be
receipt of the Notice as of the date of rejection, refusal or inability to deliver. Either
party may change its address in this Section 21.2 by giving Notice of address change to
the other party in the manner for giving Notice prescribed in Section 21.1.
22.
Miscellaneous. (a) This Lease contains all of the promises, agreements,
conditions and understandings between the parties concerning the subject matter of
this Lease, and there are no oral agreements or understandings between the parties
affecting this Lease. This Lease supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any, between the
parties with respect to the subject matter of this Lease; (b) except as may be
otherwise expressly allowed under this Lease, no amendment, change or addition to this
Lease will be binding upon the parties unless it is in writing and signed by the parties;
(c) the waiver by a party of any breach of any term, agreement or condition contained in
this Lease will not be deemed to be a waiver of any subsequent breach of the same or
any other term, agreement or condition. No agreement, term or condition of this Lease
will be deemed to have been waived unless the waiver is in writing signed by the party
charged with the waiver; (d) no payment by Tenant or receipt of payment by Landlord
of a lesser amount than the Monthly Rent will be deemed to be other than on account,
nor will any endorsement or statement on any check or on any letter accompanying any
check be deemed an accord and satisfaction; (e) if any term, covenant, agreement or
condition of this Lease or the application of the same to any person or circumstance is
to any extent held invalid or unenforceable, the remainder of this Lease or the
application of that term, covenant, agreement or condition to any person or
circumstance other than those as to which it is held invalid or unenforceable will not be
affected, and each such unaffected term, covenant, agreement or condition of this
Lease will be valid and enforced to the fullest extent permitted by law; (f) all rights and
liabilities given to or imposed upon the respective parties under this Lease will, except
as may be stated otherwise in this Lease, extend to and bind the respective heirs,
executors, administrators, successors, assigns of the parties, and permitted Tenant
subtenants and assignees; and (g) all of the parties’ indemnification, duty to defend and
hold harmless obligations under this Lease will survive the termination or expiration of
this Lease.
County of Currituck
Attn: Ike McRee, County Attorney
153 Courthouse Road, Suite 208
Currituck, NC 27929
23.
Recording. Neither party will record this Lease in whole or in part.
However, a party may record a memorandum of this Lease that is in both form and
8
Packet Pg. 131
substance agreeable to the parties (“Memorandum of Lease”). If the parties enter into
an agreeable Memorandum of Lease, then all recording costs and fees will be paid by
the party who initially requested the entering into of the Memorandum of Lease, and
after recording, the requesting party will provide the other party with a file-stamped
copy of the recorded Memorandum of Lease. Upon the expiration or termination of this
Lease, Landlord may sign and record a release of any recorded Memorandum of Lease,
without Tenant’s permission, input or signature on the release.
24.
Effective Date. This Lease becomes effective on the date this Lease is last
signed by all of the parties (“Effective Date”).
25.
Counterparts, Facsimile and Electronic Mail Signatures. This Lease may
be signed in several counterparts, each of which will be fully effective as an original and
all of which together will constitute one and the same instrument. Signatures to this
Lease transmitted by facsimile or electronic mail will be deemed the equivalent of
delivery of an original signature, provided the party delivering its signature by facsimile
or electronic mail will promptly thereafter deliver this Lease to the other party with the
original signature.
The parties have entered into this Lease as of the Effective Date.
"Landlord"
“Tenant”
County of Currituck
Sysco Hampton Roads
By:_____________________________
By: ______________________________
Name: Daniel F. Scanlon II
Name: Mark Grace
Title: County Manager
Title: Vice President, Operations
Date: ___________________________
Date: _____________________________
4.B.a
ATTEST:
__________________________
Clerk to the Board of Commissioners
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4.B.a
Being a portion of that tract of land, referenced in Book 875, Page 807, of the Currituck
County Register of Deeds, known as permanent parcel number 0052000014A0000 and
located in the township of Crawford, Currituck County, more specifically at Currituck
County Regional Airport and located along Terminal Road approximately 1,000 feet from
the intersection of Airport Road.
The Premises include approximately 1.14 acres of land, beginning at the northwest
corner of the County Fuel Farm a distance of 190 feet Southeast; turning perpendicular
ninety degrees Northeast a distance of 275 feet; turning then perpendicular ninety
degrees Northwest a distance of 126 feet; then turning thirty degrees north for 53 feet;
then turning once more forty-five degrees due Southeast 300 feet to the place of
beginning.
EXHIBIT A
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CURRITUCK COUNTY
NORTH CAROLINA
January 20, 2015
Minutes
Meeting of the Board of Commissioners
7:00 CALL TO ORDER
Attendee Name
S. Paul O'Neal
David L. Griggs
O. Vance Aydlett
Mike H. Payment
Paul M. Beaumont
Marion Gilbert
Mike D. Hall
Title
Board Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Status
Absent
Present
Present
Present
Present
Present
Present
Arrived
The Board of Commissioners met at 7:00 PM for a regular meeting in the Board Meeting Room of the Historic
Courthouse with the following members present: Board Vice-Chairman David Griggs and Commissioners Vance
Aydlett, Paul Beaumont, Mike Hall, Mike Payment and Marion Gilbert. Chairman Paul O’Neal was not in
attendance. Staff included County Manager Dan Scanlon, County Attorney Ike McRee, Deputy Clerk Eileen Wirth,
and Senior Planner Donna Voliva. Vice-Chairman Griggs called the meeting to order at 7:00 P.M.
Work Session: Vice-Chairman Griggs stated the Board had met at 6:00 p.m. with staff for a work
session presented by Fire Marshall James Mims on Fire Flow Standards. Mr. Mims reviewed the Fire Flow
Suppression Rating Schedule, the procedures, formulas and methods for developing a Public Protection
Classification that applies to properties with a needed Fire Flow of 3,500 gpm or less. No action was taken by the
Board of Commissioners.
A) Invocation - Reverend Glenn H. McCranie, Navy Chaplain, Retired
Communication: Minutes of January 20th 2015 (Approval Of Minutes)
WORK SESSION
B) Pledge of Allegiance - Reverend Glenn H. McCranie
Reverend Glenn H. McCranie, Navy Chaplain, Retired, gave the invocation and led the Pledge of Allegiance.
C) Approval of Agenda
1. Approval of Agenda
Commissioner Aydlett requested that Item A under Public Hearings be removed and scheduled for a later
meeting and moved to approve the agenda with that change noted. Commissioner Gilbert seconded, and
the motion carried unanimously.
Draft Minutes
Packet Pg. 134
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
APPROVED [UNANIMOUS]
O. Vance Aydlett, Commissioner
Marion Gilbert, Commissioner
Griggs, Aydlett, Payment, Beaumont, Gilbert, Hall
O'Neal
D) Public Comment
Mary Etheridge, Shawboro, addressed the Board reciting quotes from Martin Luther King, Jr.
A. Crawford Volunteer Fire Department Presentation - ISO Rating
Crawford Fire Chief Chris Dailey reported the findings of the recent ISO Rating. He provided a power point
presentation showing the breakdown of how the credits were awarded in the areas of Communication, Water
Supply, Fire Department, Divergence and Community Risk Reduction. Chief Dailey thanked the Board for their
support. He recognized Moyock, Lower Currituck, and Camden Volunteer Fire Departments and thanked
them for their support and assistance because they were a huge part of the team it took to get through the
process. He noted there were still things to be done and they would continue to work together with the other
departments to get the same class of rating.
Chief Dailey also asked the Board to consider reviewing the hand out Taking Action Against Cancer in the Fire
Service. He said they have a number of their own in the Fire Department that are in remission or getting
treatment for cancer. They thought this could be one thing that could be offered as an incentive to assist the
Fire Departments in getting folks to join. This insurance is $90.00 per person, per year. It can cover police,
911 responders and others for very little money. He said they would be working with the Fire and EMS Board
and be coming back to the Board once they get additional information about the policy.
The Board congratulated the Fire Departments and thanked them for their service.
B. Wild Horse Management Agreement
County Manager Daniel Scanlon reviewed the proposed Wild Horse Management Agreement by first
explaining that back in the early 1990’s when the Wild Horses were allowed to roam free throughout all of the
outer banks we started to see with development and growth, a lot more interaction with people with vehicles
and unfortunately some of those interactions resulted in the death of the horses. There was an initiative to
relocate the horses to north of Corolla and that required the construction of a fence from the sound to the
ocean at the north beach ramp. The fence was not permitted by CAMA which required the county to go
through a variance process. One of the requirements of that permit was that a plan be developed to address
the long term management of the horses and to continue to justify and support the need of having the fence.
A Management Plan was prepared and as part of the agreement, it is required to be periodically updated. The
agreement involves four main agencies consisting of major property owners in the four wheel drive area of
Corolla, Corolla Wild Horse Fun, County of Currituck, the State, and Fish and Wildlife. The group has been
meeting over the last two years and unanimously support the agreement with only one issue of contention
which is the herd size. There is a six member advisory board that oversees the Management Agreement. The
group meets quarterly and has prepared this update to the Agreement before the Board of Commissioners
tonight. The advisory board sets goals, each goal has an action plan and those are set out in the Agreement.
To get through the issue of contention on the size of the herd, each agency has an opportunity to put a factual
piece together that supports their opinion on what they feel is a proper sized herd. Herd sizes are counted
annually as required by the terms in the Agreement. Appendices attached set out additional historical
ADMINISTRATIVE REPORTS
Draft Minutes
Packet Pg. 135
information, land use information, adopted Legislation and Ordinances, information on the various agencies
and their missions, protocols, and other general information.
Mr. Scanlon noted the other agencies have executed the Agreement and it is on the agenda tonight for the
Board’s consideration with his recommendation to approve this plan.
Commissioner Hall asked that a change be made on Page 39 of the Agreement to change the name of the
header under the stakeholders from Corolla Citizens to add Carova citizens or Currituck Outer Banks Citizens.
PUBLIC HEARINGS
A. Public Hearing and Action: PB 14-30 Stephen Warfield Lyles: Request to Amend the Unified
Development Ordinance Chapter 4: Use Standards to Allow Hunting Lodges in the Single Family
Residential - Isolated (SFI) Zoning District with a Use Permit.
See Approval of the Agenda - this item was removed from tonight’s agenda. This item was removed from
tonight’s agenda
OLD BUSINESS
A. Second Reading: Red Flag Ordinance - to Provide that the County’s Ocean Rescue Contractor
Shall Have Authority to Determine Unsafe Swimming Conditions in the Atlantic Ocean and to
Prohibit Swimming Until Safe.
County Attorney Ike McRee reviewed the amendment to the ordinance, and explained that tonight was the
second reading of the amendment which would allow the new ocean rescue contractor to make a
determination as to swimming conditions.
Commissioner Aydlett moved to approve the ordinance amending Section 9-5 of the Currituck County Code of
Ordinances, with a second from Commissioner Gilbert. The motion carried unanimously.
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Marion Gilbert, Commissioner
O'Neal
Commissioner Gilbert moved to accept the Wild Horse Management Agreement with the change suggested
by Commissioner Hall to change the header on page 39 to read Currituck Outer Banks Citizens. Commissioner
Aydlett seconded, and the motion carried unanimously.
NEW BUSINESS
A) Consent Agenda
County Manager Dan Scanlon stated that he was asked by a commissioner to provide additional information
on Item 4 of the Consent Agenda dealing with the service contract with McClees Consulting, Inc. Mr. Scanlon
stated that the county contracted with McClees Consulting, a lobbying firm, last year and they helped us with
several key pieces of legislation that were being proposed in the General Assembly, the most important of
those was to place a toll on the Knotts Island Ferry Route. They were instrumental in helping the county to
defeat that effort. They are presently assisting the county on the new transportation initiatives to help us
understand the new law and how we can best position ourselves. They have proven themselves to be very
Draft Minutes
Packet Pg. 136
effective. The proposed service contract in the agenda packet proposes to extend that relationship and to get
the two and one-half year contract in line with our fiscal year rather than a calendar year.
Commissioner Aydlett moved to approve the Consent Agenda and Commissioner Hall seconded the motion.
The motion passed unanimously.
Mike D. Hall, Commissioner
O'Neal
1) Approval of Minutes or January 5, 2015
2. Resolution Declaring EMS Surplus Item-Ambulance
3. Job Description Modifications for Positions in the Planning and Community Development
Department
4. Consulting and Lobbying Services - McClees Consulting, Inc.
5. Change Order - Southern Outer Banks Water Treatment Plant Expansion - Phase I
B) Commissioner's Report
Commissioner Beaumont reported he attended the Parks and Recreation Board meeting, Phase II of the sports
complex is moving forward and they will be coming forward in the budget sessions for a budgetary number to
procure those facilities. Commissioner Beaumont also noted it was that time of year again that the Girl Scouts
are about to engage in the annual sales of cookies. This year they will be raising money to take care of the
veterans.
Commissioner Hall reported that he and Commissioner Beaumont were invited to the Carova Fire Department
for their annual training to watch them train. Commissioner Hall extended his thanks to Chief Vann and the
volunteers, and invited other community organizations to invite the Board to participate or view what they are
doing.
Commissioner Aydlett reported that he had an opportunity to talk with Mr. Brumsey, Attorney for the Game
Board to see if they would like to partner with us in sending a letter or resolution to Fish and Wildlife
addressing the concerns folks have expressed over the flyovers. Mr. Brumsey informed Commissioner Aydlett
that he felt his Board would be in agreement to partner and would get back with him tomorrow to confirm.
Commissioner Aydlett stated if the Board of Commissioners were in agreement, he would ask that Mr. Scanlon
draft a letter to Fish and Wildlife stating that we understand they have a job to do but to ask if they could reevaluate the timing of their surveys as not to affect the migratory birds. The letter would need to be sent to
the southeast region in Georgia and also the northern division since we fall under the Backbay area.
Commissioner Aydlett stated he had also contacted Ducks Unlimited but they did not want to get involved at
this time. Commissioner Griggs added that the letter should provide some mechanism that we could look
forward to a response.
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Commissioner Aydlett also added that he would like to congratulate Planning Director Ben Woody on the new
addition to his family.
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Packet Pg. 137
Commissioner Payment said he would like to congratulate the fire departments and thank them again. He
asked if anyone had an opportunity to lend a hand, to contact their fire department and lend their support.
Volunteer departments help to keep costs down for the county and residents, they can use the support.
Commissioner Gilbert reported the Moyock Women’s Club would be holding a Frosted Toes 5K this weekend.
Funds raised would go to three scholarships sponsored by the club. Contributions are also appreciated.
C) County Manager's Report
ADJOURN
Commissioner Aydlett moved to adjourn, seconded by Commissioner Gilbert. Motion passed unanimously.
County Manager Scanlon extended his thanks to the folks at the south end of the county for their patience on
Monday with the interruption of water service. A contractor working on the Grandy water tank disconnected
electricity to a valve that was instrumental in providing water to the community. There was never a break in
the line and the line was not exposed.
Draft Minutes
Packet Pg. 138
4.C.2
Currituck County
Agenda Item Title
Budget Amendment
Budget Amendments for February 2, 2015
Action
Sandra Hill, Director
Daniel F. Scanlon
Packet Pg. 139
4.C.2.a
Number
2015056
BUDGET AMENDMENT
Account Number
10796-590000
10796-516000
10796-532000
Account Description
Capital Outlay
Repairs & Maintenance
Supplies
Debit
Credit
Decrease Revenue or
Increase Expense
$
7,840
Increase Revenue or
Decrease Expense
$
Explanation:
7,840
$
$
3,200
4,640
$
7,840
Currituck County Rural Center (10796): Transfer funds to purchase portable dressage arena & new
mower deck for John Deere 997 Z Trac
Net Budget Effect:
Operating Fund (10) - No change.
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Attachment: Budget Amendments.xlsx (1036 : Budget Amendments)
The Currituck County Board of Commissioners, at a meeting on the 2nd day of February 2015, passed the
following amendment to the budget resolution for the fiscal year ending June 30, 2015.
Packet Pg. 140
4.C.2.a
Number
2015057
BUDGET AMENDMENT
Account Number
60808-590001
60808-561000
Account Description
Capital Outlay
Professional Services
Debit
Credit
Decrease Revenue or
Increase Expense
$
19,500
Increase Revenue or
Decrease Expense
$
Explanation:
19,500
$
19,500
$
19,500
Ocean Sands Water and Sewer District (60808) - Transfer funds for purchase of truck for Ocean Sands
utilities.
Net Budget Effect:
Ocean Sands Water and Sewer District (60) - No change.
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Packet Pg. 141
4.C.2.a
Number
2015058
BUDGET AMENDMENT
Account Number
Account Description
20609-511010
20609-545000
Data Transmission
Contracted Services
Debit
Credit
Decrease Revenue or
Increase Expense
Increase Revenue or
Decrease Expense
$
$
Explanation:
250
250
$
250
$
250
Whalehead Stormwater Drainage District (20609) - Transfer funds for an aircard needed for the
Whalehead Drainage District for the remainder of this fiscal year.
Net Budget Effect:
Whalehead Stormwater Draining District (20) - No change.
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Packet Pg. 142
4.C.2.a
Number
2015059
BUDGET AMENDMENT
Account Number
Account Description
10750-590000
10330-431000
10441-590000
Capital Outlay
DSS Administration
Capital Outlay
Debit
Credit
Decrease Revenue or
Increase Expense
Increase Revenue or
Decrease Expense
$
$
Explanation:
10,554
10,554
$
$
9,565
989
$
10,554
Social Services Administration (10750) - Increase appropriations to purchase 14 computers to be
integrated with the NC Fast system. The total cost of computers is $12,754, which will be funded
through 75% grant reimbursement of $9,565 and $3,189 in funds already appropriated for computer
equipment in this budget,
Net Budget Effect:
Operating Fund (10) - Increased by $9,565.
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Packet Pg. 143
4.C.2.a
Number
2015060
BUDGET AMENDMENT
Account Number
Account Description
10510-590000
10510-532000
10380-488400
Capital Outlay
Supplies
ABC Profits
Debit
Credit
Decrease Revenue or
Increase Expense
Increase Revenue or
Decrease Expense
$
$
$
Explanation:
28,000
1,200
29,200
$
29,200
$
29,200
Sheriff (10510) - Increase appropriations to purchase 4 Gator/ATV vehicles for beach patrol that were
originally budgeted as a multi-year lease and increase supplies for the community watch program.
Net Budget Effect:
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Packet Pg. 144
4.C.2.a
Number
2015061
BUDGET AMENDMENT
Account Number
Account Description
10795-545000
10380-488400
Contract Services
ABC Profits
Debit
Credit
Decrease Revenue or
Increase Expense
Increase Revenue or
Decrease Expense
$
$
Explanation:
20,000
20,000
$
20,000
$
20,000
Recreation (10795) - Increase appropriation to repair damages due to vandalism at Maple Park.
Net Budget Effect:
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Packet Pg. 145
4.C.2.a
Number
2015062
BUDGET AMENDMENT
Account Number
Account Description
10440-511010
10440-514000
10440-532000
10440-561000
10440-511000
10440-590000
10440-545000
Data Transmission
Travel
Supplies
Professional Services
Telephone & Postage
Capital Outlay
Contract Services
Debit
Credit
Decrease Revenue or
Increase Expense
Increase Revenue or
Decrease Expense
$
$
$
$
$
Explanation:
250
2,000
2,500
950
5,700
$
$
$
500
751
4,449
$
5,700
Finance (10440) - Transfer budgeted funds for operations and to increase professional services for an
audit of the Local Government Retirement files required by the State of North Carolina. Currituck was
randomly selected for this review.
Net Budget Effect:
Operating Fund (10) - No change.
Minute Book # ___________, Page # ________________
Journal # _____________________
Clerk to the Board
Packet Pg. 146
4.C.3
Currituck County
Agenda Item Title
East Carolina Behavioral Health Quarterly Fiscal Report
G.S. 122C-117 3(c) requires Local Management Entities to provide to each member county a
quarterly fiscal report. This is the December 31, 2014 quarterly report of East Carolina
Behavioral Health (ECBH). ECBH is a management entity / managed care organization that
works in partnership with people who face significant challenges related to substance abuse,
mental illness and/or developmental disability.
Information
Daniel Scanlon, County Manager
Daniel F. Scanlon
Packet Pg. 147
4.C.3.a
Quarterly Fiscal Monitoring Report - DMHDDSAS
East Carolina Behavioral Health
FOR THE PERIOD ENDING:
1. REPORT OF BUDGET VS. ACTUAL
Basis of Accounting:
Cash
(check one)
Accrual
ITEM
(1)
(2)
(3)
(4)
PRIOR YEAR
BUDGET
12/31/2014
6
ACTUAL
BUDGET
(5)
CURRENT YEAR
ACTUAL
BALANCE
YR-TO-DATE
(Col. 3-4)
(6)
ANNUALIZED
PERCENTAGE **
REVENUE
Service Fees from LME-Delivered Services
Medicaid Pass Thru
Interest Earned
Rental Income
Budgeted Fund Balance * (Detail in Item 4, below)
Other Local
Total Local Funds
400,000
500,000
109,428
7,400,000
125,000
8,534,428
107,758
450,864
112,882
303,843
975,347
400,000
500,000
111,160
14,300,000
125,000
15,436,160
39,367
178,782
32,173
5,543
255,865
360,633
321,218
78,987
14,300,000
119,457
15,180,295
19.68%
71.51%
57.89%
County Appropriations (by county, includes ABC Funds):
Beaufort
County
Bertie
County
Camden
County
Chowan
County
Craven
County
Currituck
County
Dare
County
Gates
County
Hertford
County
Hyde
County
Jones
County
Martin
County
Northampton
County
Pamlico
County
Pasquotank
County
Perquimans
County
Pitt
County
Tyrell
County
Washington
County
Total County Funds
173,599
49,390
24,246
32,478
276,827
60,300
339,948
29,700
83,750
12,414
27,506
51,962
81,614
33,593
92,506
29,406
595,500
9,906
29,228
2,033,873
173,599
49,390
23,799
34,115
277,481
63,163
410,000
29,323
89,039
12,740
23,768
56,367
81,614
34,443
96,006
30,000
645,779
9,906
30,728
2,171,260
173,599
49,390
24,246
32,478
276,827
60,300
339,948
29,700
83,750
12,414
23,906
51,962
81,614
33,593
92,506
29,406
595,500
9,906
29,228
2,030,273
24,695
11,653
15,901
136,723
29,864
35,520
14,000
42,931
5,970
11,311
48,462
38,807
16,731
47,180
14,845
286,080
4,128
16,500
801,300
173,599
24,695
12,593
16,577
140,104
30,436
304,428
15,700
40,819
6,444
12,595
3,500
42,807
16,862
45,326
14,561
309,420
5,778
12,728
1,228,973
0.00%
100.00%
96.12%
97.92%
98.78%
99.05%
20.90%
94.28%
102.52%
96.18%
94.63%
186.53%
95.10%
99.61%
102.00%
100.97%
96.08%
83.34%
112.90%
78.94%
8.87%
3.32%
LME Systems Admin. Funds (Cost Model)
DMH/DD/SAS Administrative Funds (% basis)
DMH/DD/SAS Risk Reserve Funds (% basis)
DMH/DD/SAS Services Funding
DMA Capitation Funding
DMA Risk Reserve Funding
All Other State/Federal Funds
Total State and Federal Funds
0
3,965,628
0
40,063,143
164,384,974
3,354,795
513,260
212,281,800
0
3,965,628
0
38,351,047
173,267,092
3,536,063
622,966
219,742,796
0
3,767,629
0
40,517,753
164,536,497
3,357,888
512,936
212,692,703
0
1,873,854
0
18,400,946
85,065,704
1,736,035
354,083
107,430,622
1,893,775
22,116,807
79,470,793
1,621,853
158,853
105,262,081
#DIV/0!
99.47%
#DIV/0!
90.83%
103.40%
103.40%
138.06%
101.02%
TOTAL REVENUE
222,850,101
222,889,403
230,159,136
108,487,787
121,671,349
94.27%
EXPENDITURES:
System Management/Administration/Care Coordination
LME Provided Services
Provider Payments
Merger Expenses
MCO Start-Up Expenses
All Other
TOTAL EXPENDITURES
26,221,068
0
195,502,306
0
0
1,126,727
222,850,101
20,703,881
0
177,020,246
0
0
1,002,313
198,726,439
40,424,639
0
188,598,574
0
0
1,135,923
230,159,136
11,776,821
0
88,931,025
0
0
482,800
101,190,647
28,647,818
99,667,549
653,123
128,968,489
58.27%
#DIV/0!
94.31%
#DIV/0!
#DIV/0!
85.01%
87.93%
CHANGE IN CASH BALANCE
24,162,964
7,297,141
Beginning Unrestricted Fund Balance
Balance in DMH/DD/SAS Risk Reserve
Balance in DMA Risk Reserve
44,348,843
69,999,328
8,017,406
9,685,924
Current Estimated Unrestricted Fund Balance
and percent of budgeted expenditures
2. CURRENT CASH POSITION
31.41%
69,999,328
(1)
(2)
30 DAYS
60 DAYS
Accounts Payable (Accrual Method)
Account Receivable (Accrual Method)
Current Cash in Bank
32.82%
(3)
Attachment: FMR 12 31 14 (1031 : ECBH Quarterly Fiscal Report)
LME / MCO NAME:
# of month in the fiscal year (July = 1, August = 2, . . . , June = 12) ========>
75,534,784
90 DAYS
(4)
OVER
90 DAYS
(5)
TOTAL
Budgeted
Year-to-Date
Balance
Allowance for
Uncollectible
Receivables
99,043,860
3. SERVICE EXCEPTIONS ( Provided Based on System Capability)
Services authorized but not billed
4. DETAIL ON BUDGETED FUND BALANCE
Payments to Providers
MCO Start-up Expense
LME Merger Expense
Other (List): Medicaid Reinvestment
14,300,000
0
%
#DIV/0!
#DIV/0!
#DIV/0!
14,300,000
Packet Pg. 148
4.C.4
Currituck County
Agenda Item Title
Report of Unpaid Real Estate Taxes/Order of Tax Lien Advertisement
Annually, the Tax Collector must report to the Board of Commissioners the amount of unpaid
taxes. The Board of Commissioners is required to order the Tax Collector to advertise the tax
liens.
Action
Packet Pg. 149
4.C.4.a
COUNTY OF CURRITUCK
Tax Department
P.O. Box 9
Tracy Sample, Tax Administrator
(252) 232-3005
(252) 232-3568 (FAX)
and
Order of Advertisement of Tax Liens
To:
Board of County Commissioners
From:
Tracy Sample, Tax Administrator
Date:
January 12, 2015
Report of Unpaid 2014 Real Estate Taxes:
As of January 12, 2015, there is $1,798,457.93 in unpaid taxes
that are a lien on real estate for fiscal year 2014-2015.
North Carolina General Statute 105-369 requires that unpaid
real estate tax liens be advertised in one or more newspapers
having a general circulation in the county and by posting a
notice of the tax liens at the county courthouse. This statute
requires that the Board of Commissioners order the tax
collector to advertise the tax liens.
Attachment: Unpaid 2014 taxes-Order to Advertise_ (1032 : Report of Unpaid Taxes)
Report of Unpaid 2014 Real Estate Taxes
Packet Pg. 150
4.C.4.a
Order to Tax Collector to Advertise Tax Liens
WHEREAS, N.C.G.S. 105-369 also requires that upon receipt of the report,
the Board of Commissioners must order the Tax Collector to advertise the tax
liens by posting a notice of the liens at the county courthouse and by publishing
each lien at least one time in one or more newspapers having general circulation
in the taxing unit; and
WHEREAS, the time and content the tax lien advertisement are dictated by
N.C.G.S 105-369(c); and
WHEREAS, the report of unpaid taxes for unpaid taxes for the current fiscal
year that are a lien on real property has been received;
NOW, THEREFORE BE IT RESOLVED by the Currituck County Board of
County Commissioners that the Currituck County Tax Collector is hereby ordered
to advertise the tax liens for unpaid taxes for the current fiscal year that are a lien
on real property, in accordance with N.C.G.S. 105-369(c).
THIS, the ________ day of _________________, 20_____.
THE CURRITUCK COUNTY BOARD OF COMMISSIONERS
BY:___________________________________(SEAL)
S. Paul O’Neal, Chairman
Attachment: Unpaid 2014 taxes-Order to Advertise_ (1032 : Report of Unpaid Taxes)
WHEREAS, N.C.G.S. 105-369 requires the County Tax Collector report to
the Board of County Commissioner, the total amount of unpaid taxes for the
current fiscal year that are a lien on real property; and
Attest:
_________________________________
Clerk to the Board
Packet Pg. 151

Agenda Packet - Currituck County

Transcription

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