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HomeMy WebLinkAbout2008-09-02-Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 448 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 2, 2008, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Joseph Canady, Kure Beach First Baptist Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes ? Governing Body The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on August 14, 2008 Regular Session meeting held on August 18, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Putnam Drive, Ottawa Court, Ragland Court, Robmar Court, Centallion Court, Medallion Drive, and Saginaw Court located within the Planters Walk Subdivision (Division File No. 1092-N) to the state road system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.1. Adoption of Family Day Proclamation ? Governing Body "Family Day - A Day to The Commissioners adopted the proclamation declaring September 22, 2008 as Eat Dinner with Your Children" in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.2. Acceptance of Funding Increase from the State for the Criminal Justice Partnership Program and Adoption of Budget Ordinance Amendment 09-021 ? County Manager?s Office The Commissioners accepted increased funding from the State for the Criminal Justice Partnership Program in the amount of $10,939 and adopted Budget Ordinance Amendment 09-021. Funding in the amount of $152,751 is currently budgeted for FY 08-09 for a total funding amount of $163,690. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.3. Authorization to Submit a 2009 Hazard Mitigation Assistance Program Grant Application - Emergency Management Department The Commissioners authorized the Emergency Management Department to submit a 2009 Hazard Mitigation Assistance Program Grant Application in the amount of $29,940. If awarded, the funds will be used to update the County's Multi-Jurisdictional Hazard Mitigation Plan to remain in compliance with the local hazard mitigation planning standards as required by the Federal Emergency Management Agency and the North Carolina Division of Emergency Management. The required 25% match, in the amount of $7,485, will be satisfied by in-kind services (including staff salaries, printing, etc.) which are currently budgeted in the FY08-09 Emergency Management Department budget. Approval of New Hanover County Board of Education Budget Amendments #1 and #2 ? Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved budget amendments #1 and #2. Budget amendment #1 transfers savings from various technology projects to New Hanover High School kitchen renovations and budget amendment #2 transfers savings from the Wrightsboro Elementary to Gregory Middle School to fund the temporary relocation of mobile units from Wrightsboro Elementary to Gregory Middle Schools and to fund an auditorium air conditioner for Gregory Middle School. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 449 Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted the following Budget Ordinance Amendment: 09-016 - Department of Social Services A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.4. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2008 AS ?LITERACY AWARENESS MONTH? AND SEPTEMBER 8, 2008 AS ?INTERNATIONAL LITERACY DAY IN NEW HANOVER ? COUNTY Chairman Greer reported that Linda Patton representing the Cape Fear Literacy Council has requested that "Literacy Awareness Month" the Board proclaim the month of September as and September 8, 2008 as "International Literacy Day" in New Hanover County. Vice-Chairman Caster read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation "Literacy Awareness Month" declaring the month of September 2008 as and September 8, 2008 as "International Literacy Day" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Anita Thomas, Board Chair of the Cape Fear Literacy Council, accepted the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.5. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 17-23, 2008 AS ?CONSTITUTION WEEK? IN NEW HANOVER COUNTY Chairman Greer reported that Lynn Benson representing the National Society Daughters of the American ?Constitution Week? Revolution has requested the Board declare September 17-23, 2008 as in New Hanover County. Commissioner Kopp read the proclamation into the record and moved for adoption. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation ?Constitution Week? declaring September 17-23, 2008 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Lynn Benson, National Society Daughters of the American Revolution, accepted the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.6. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2008 AS ?NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH? IN NEW HANOVER COUNTY Chairman Greer reported that Mandy Anderson-Ille has requested the Board declare September 2008 as "National Alcohol and Drug Addiction Recovery Month" in New Hanover County. This year?s theme is, ?Join the Voices for Recovery: Real People, Real Recovery.? Commissioner Davis read the proclamation into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation "National Alcohol and Drug Addiction Recovery Month" declaring September 2008 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Representatives of the Cape Fear Recovery Month Committee accepted the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.7. ADOPTION OF PROCLAMATIONS DECLARING SEPTEMBER 27, 2008 AS ?BIG SWEEP DAY? AND SEPTEMBER 20, 2008 ? OCTOBER 4, 2008 AS ?FALL LITTER SWEEP? IN NEW HANOVER COUNTY Chairman Greer reported that New Hanover County Keep America Beautiful Coordinator Jennifer O?Keefe Big Sweep Day? has requested the Board declare September 27, 2008 as ?and September 20, 2008 ? October 4, ?Fall Litter Sweep? 2008 as in New Hanover County. Keep America Beautiful of New Hanover County's Roadside Litter Pickup Program will participate in the NCDOT Fall Litter Sweep by picking up litter along state- owned roads on September 20, September 27 and October 4, 2008. Commissioner Pritchett read the proclamations into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 450 Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation ?Fall Litter Sweep? declaring September 20, 2008 ? October 4, 2008 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation Big Sweep Day? declaring September 27, 2008 as ?in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Jennifer O?Keefe, New Hanover County Keep America Beautiful Coordinator, accepted the proclamations. Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 18.8. ADOPTION OF ORDINANCE AMENDING COUNTY CODE, CHAPTER 41, SECTION 41-2 Commissioner Davis reported that he directed staff to draft for the Board?s consideration an amendment to Chapter 41, Section 41-2, of the County Code of Ordinances. The proposed amendment would add a provision that would make it unlawful for any person registered as a sex offender to enter any public park owned, operated or maintained by the County. The City of Wilmington has adopted a similar ordinance. Assistant County Attorney Sharon Huffman reported that the State Supreme Court recently upheld such an ordinance as lawful and presented the proposed amendment: (d) It shall be unlawful for any person registered as a sex offender in the State of North Carolina or any other state or with a federal agency to knowingly enter into or on any public park owned, operated or maintained by the County. A violation of this ordinance shall subject the offender to the penalties set forth in Section 41-5(a) of the County Code. A person in violation of the proposed ordinance will be subject to criminal citation. Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to adopt the ordinance amending County Code, Chapter 41, Section 41-2 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.9. PUBLIC HEARING ON THE BOND ORDER AUTHORIZING ISSUANCE OF $164,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS AND ADOPTION OF BOND ORDER AND RESOLUTION CALLING FOR ELECTION Chairman Greer reported that the Board is being requested to conduct a public hearing regarding a proposed Bond Order authorizing the issuance of $164,000,000 General Obligation Community College Bonds necessary to provide facilities for Cape Fear Community College. The Bond Order and Notice of Public Hearing were published in the Wilmington Star News on August 20, 2008, which is at least ten days prior to the date of the public hearing. The Clerk to the Board is directed to affix an Affidavit of Publication as Exhibit A to the extract of the minutes. Chairman Greer requested a motion to proceed with the public hearing. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to proceed with the public hearing on the bond order authorizing issuance of $164,000,000 general obligation community college bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the Public Hearing and asked if anyone would like to speak on the bond order authorizing issuance of $164,000,000 general obligation community college bonds. The following people spoke in favor of the Cape Fear Community College bond order: Dr. Joe James Nancy S. Marks Kevin Lagasse, representing GE Hitachi Lisa Casey Laurel Servicky Dr. Skip Tyson, representing Tri County Dental Society Wilma Daniels, representing CFCC Foundation Louise McColl, representing Greater Wilmington Chamber of Commerce Jon Rosborough Lethia Hankins, representing Cape Fear Community College John Gizdic, representing New Hanover Regional Medical Center Tony Garcia James Leutze, representing Cape Fear Community College Eric McKeithan, representing Cape Fear Community College NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 451 Ken McGee, representing Cape Fear Community College The following person spoke in opposition to the Cape Fear Community College bond order: Teresa James Hearing no further comments, Chairman Greer closed the Public Hearing. Chairman Greer reported that before the Board is the bond order authorizing the issuance of $164,000,000 general obligation community college bonds of the County of New Hanover. Chairman Greer read the bond order into the record and requested a motion for adoption. Commissioner Kopp stated that he believes there may be a better way to finance the required enhancements to Cape Fear Community College but that he would support the proposed bond referendum allowing the voters to decide. He cautioned that if the bond referendum is approved up to a 5 cent tax increase may be necessary to pay the bond debt service. Commissioner Davis stated that he has a history of voting in opposition to tax increases. The Board is not being asked to vote on a tax increase but to bring the bond referendum forward so the voters can decide the future direction of Cape Fear Community College, knowing full well, there might be an increase in taxes to support the bond debt service. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the bond order authorizing the issuance of $164,000,000 general obligation community college bonds of the County of New Hanover. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that before the Board is the resolution calling for an election on the issuance of bonds for Cape Fear Community College. Chairman Greer read the resolution into the record and requested a motion for adoption. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution calling for an election on the issuance of bonds for Cape Fear Community College. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the bond ordinance and resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 18.10. BREAK Chairman Greer called for a break from 7:23 p.m. until 7:39 p.m. WITHDRAWAL OF AGENDA ITEM Chairman Greer reported that the Petitioner has requested Agenda Item 15 - PUBLIC HEARING AND CONSIDERATION OF REQUEST BY LS3P ASSOCIATES, ON BEHALF OF MICHAEL WHITE, TO REZONE APPROXIMATELY 5.7 ACRES OF PROPERTY LOCATED AT THE 1400 BLOCK OF POINT HARBOR ROAD FROM I-2 TO RIVER FRONT MIXED USE (Z-887, 7/08) be continued until the Board?s October 2008 meeting. PUBLIC HEARING AND CONSIDERATION OF REQUEST BY BETTY HUMBLES FOR A SPECIAL USE PERMIT TO PLACE A SINGLE-WIDE MOBILE HOME IN A RA-RURAL AGRICULTURAL DISTRICT (S-584, 09/08) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Betty R. Humbles Lisa Wurtzbacher Alan G. Jones Ernest Puskas William Wall Senior Planner Jane Daughtridge reported that Betty Humbles is requesting a special use permit to place a single-wide mobile home on a one-acre lot off Hanover Avenue in a RA-Rural Agricultural District and presented an overview of the request explaining that the slide presentation was not available. Planning Director Chris O?Keefe reported that the Rural Agricultural district requires that a special use permit be granted for the location of mobile homes and is therefore coming before the Board as a new permit application. In accordance with Article VII Section 71-1 of the New Hanover County Zoning Ordinance, the Planning Board does not review mobile home requests. Staff recommends approval. Staff has received calls and/or emails from a few people in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 2, 2008 PAGE 452 Planning Director O?Keefe read the findings of facts into the record. Chairman Greer asked if the Petitioner would like to speak on the request. Lisa Wurtzbacher, on behalf of Betty R. Humbles, stated that the request is for Ms. Humbles? granddaughter who has recently enrolled in Cape Fear Community College. The situation is a temporary one for the next four to five years while she is working her way through college. Chairman Greer asked if the opposition would like to speak on the request. Alan G. Jones, resident of 3540 Hanover Street, requested the Board not approve the request stating that he believes the proposed single-wide mobile home will not be in harmony with the existing area and will injure his property value. Ernest Puskas, resident of 3504 Prince George Avenue, requested the Board not approve the request stating that he believes the proposed single-wide mobile home will not be in harmony with the direction for the Castle Hayne area. William Wall, 5524 Ashey Drive, requested the Board not approve the request stating that he believes the proposed single-wide mobile home will injure the property value of the area. Betty R. Humbles, the petitioner, stated that it was not her intention to cause contention among her neighbors but is only trying to help her granddaughter. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to table the Special Use Permit request by Betty Humbles to place a single-wide mobile home on a one-acre lot off Hanover Avenue in an RA-Rural Agricultural Districtuntil the next Board meeting so that the slide presentation could be reviewed. Due to the opposition of her neighbors, Ms. Humbles stated that she would like the request to be withdrawn from the agenda. The Board honored Ms. Humbles? request and withdrew the item from the agenda. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS TROPICAL STORM HANNA UPDATE Emergency Management Director Warren Lee presented an overview of the projected track of Tropical Storm Hanna reporting that the latest forecast has Hanna heading northwest. There is the potential for strong rip currents as swells from Hanna impact the coast with the seas and surf becoming very rough. High tide is around noon on Friday and 12:30 a.m. Saturday, depending on actual landfall this could come into play with respect to surge/coastal inundation. At this time it is too early to determine specific surge, but coastal flooding could become significant depending on intensification and beach erosion could be major. It is still too early to determine specific rainfall amount with no rainfall expected until Friday morning. PLANNING BOARD WORK SESSION UPDATE Planning Director Chris O?Keefe, presented an overview of the Planning Board work session that was held on August 27, 2008. The Planning Board reviewed several issues including uses permitted in the I-2 Heavy Industry District. In the end, the Planning Board felt that they would need direction from the Board of Commissioners before proceeding with further discussion. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 8:38 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board