The URL can be used to link to this page

Home My WebLink About2008-10-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 6, 2008 PAGE 472 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 6, 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 Mike Queen, First Baptist Church, gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer reported that Consent Agenda Item 3 ? Approval of Contract with Marlowe and Company has been removed from the agenda and asked if any member of the Board would like to remove any additional item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the remaining items on the Consent Agenda. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, 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 September 18, 2008 Regular Session meeting held on September 22, 2008 Additional meeting of the Water and Sewer District held on September 22, 2008 Joint meeting with the New Hanover Regional Medical Center Board of Trustees held on September 25, 2008 Approval to Transfer Committee Membership ? Governing Body The Commissioners approved transferring John Charles Stevens from the Nursing Home Community Advisory Committee to the Adult Care Home Community Advisory Committee. Mr. Stevens was appointed to the Nursing Home Community Advisory Committee on August 18, 2008. As a nursing instructor at Cape Fear Community College, he has begun making periodic visits to nursing homes with his student nurses. To avoid any type of conflict of interest between the two responsibilities, he has agreed to transfer from the Nursing Home Community Advisory Committee to the Adult Care Home Community Advisory Committee. The term expiration of August 31, 2009 will remain the same. Adoption of Resolution Approving the Donation of a Surplus Van to - Sheriff?s Communities in Schools Office The Commissioners adopted the resolution authorizing the Sheriff?s Office to donate a surplus 2002 Ford E-350 van to Communities in Schools. Communities in Schools is a non-profit organization serving at-risk and suspended youth since 2001. The van will be used in their Educational Alternatives for Suspended Youth Program. The van has been replaced with a new van. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 21.1. Approval of New Hanover County Board of Education Capital Outlay Amendment #3 ? Budget Department The Commissioners approved New Hanover County Board of Education Capital Outlay Amendment #3. On September 2, 2008 the New Hanover County Board of Education approved Budget Amendment #3 in their Capital Outlay Fund. Amendment #3 budgets the balance of projects that were budgeted but not completed in FY07-08 into FY08-09. Adoption of Budget Ordinance Amendments? Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-035 - Health Department 09-037 - Board of Elections 09-039 - Health Department 09-040 - Health Department 09-041 - Health Department 09-045 - Commissioners 2009-14 - Finance Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 6, 2008 PAGE 473 Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 21.2. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2008 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Christine Leneskie, Advocate/Outreach Coordinator for Domestic Violence Shelter and Services, Inc., has requested the Board proclaim October 2008 as Domestic Violence Awareness Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record and moved for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Davis, to adopt the proclamation declaring October 2008 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Domestic Violence Shelter and Services, Inc., Outreach Coordinator/Advocate Christine Leneskie received the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 21.3. ADOPTION OF PROCLAMATION TO DECLARE OCTOBER 5-11, 2008 AS FIRE PREVENTION WEEK IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a proclamation declaring October 5 - 11, 2008 as Fire Prevention Week in New Hanover County. This year?s theme is "Prevent Home Fires!? Fire Chief Donnie Hall introduced Fire and Life Safety Educator Meg Langston. Ms. Langston urged residents to practice home fire safety and requested support of the many public safety activities that are scheduled for the month of October. Commissioner Pritchett read the proclamation into the record and moved for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring October 5-11, 2008 as Fire Prevention Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of Fire Services, Ms. Langston received the proclamation and thanked the Board for the recognition. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 21.4. PUBLIC HEARING ON RURAL OPERATING ASSISTANCE PROGRAM FUNDS Chairman Greer opened the Public Hearing and requested staff to make the presentation. Wave Transit Assistant Director Arlanda Rouse reported that this item is a continuation of the FY 2009 Rural Operating Assistance Program which was originally presented to County Commissioners at their July 21, 2008 meeting and then submitted to NCDOT on July 25, 2008. The annual grant application for $276,336 was approved unanimously by the Commissioners and is unchanged from the original submission. For the previous public hearing Cape Fear Public Transportation Authority published a 13 day notice, NCDOT is requesting a second public hearing because the rules require at least a 14 day notice for the public hearing. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer closed the Public Hearing. PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENT TO AMEND SECTION 67-9 OF THE ZONING ORDINANCE TO DISCOURAGE THE CLEAR-CUTTING OF LAND (A- 374, 08/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that staff is requesting the Board approve the text amendment to amend Section 67-9 of the zoning ordinance to discourage the clear-cutting of land. The change would clarify that permits or certificates of exemption are required before cutting regulated trees. A three - five year waiting period will be required before building permits are issued if tree clearing occurs without obtaining a permit or an exemption. The Planning Board at its September 4, 2008 regular meeting voted 6-0 to recommend approval. Current requirements apply when a development proposal of some sort is advanced for consideration. There is no section that clearly prevents cutting of trees prior to a development proposal unless a land disturbance permit is required. Unfortunately, the pace of growth in recent years and the lack of adequate protection against NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 6, 2008 PAGE 474 clear-cutting have resulted in an escalated loss of significant trees in advance of development proposals. Planning Director O?Keefe presented the proposed amendment highlighting the following: ? This new section does not stop people from cutting trees to sell, it just requires them to get a permit, leave a perimeter buffer and save significant trees. ? This new section does not interfere with forestry activities for land that is use-valued for that purpose or that has a forestry management plan. ? This new section does not change existing requirements associated with development proposals. In response to Board questions, Planning Director O?Keefe clarified that if it is a property owner?s intent to cut timber to sell and then re-forest the property, they are exempt from the proposed provisions although a forestry management plan is required. After brief discussion, the Board came to consensus to clarify the wording of section 67A-3(b) to read that this enforcement provision shall run with the land and a change of ownership does not alleviate the penalty for unauthorized cutting of trees. Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve amending Section 67-9 of the Zoning Ordinance to discourage clear-cutting of land as presented finding that the request is: 1) Consistent with Policy 2.6 of the CAMA Land Use Plan; and 2) reasonable and in the public interest to clarify the permitting requirement for tree removal. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 21.5. ADOPTION OF RESOLUTON ACCEPTING THE LOW IMPACT DEVELOPMENT MANUAL ENCOURAGING THE USE OF LOW IMPACT DEVELOPMENT TECHNIQUES Senior Environmental Planner Shawn Ralston reported that the County is committed to implementing the policies and strategies within the CAMA Land Use Plan as a means of maintaining and restoring water quality. Over the past year County Planning Staff has been working with a local steering committee and City Planning staff to develop a Low Impact Development manual and spreadsheet modeling tool. The steering committee included representation and support from local interest groups, including the development community. Low Impact Development is an approach to site development and storm water management that seeks to minimize development impacts to the land and water resources. These tools will encourage and allow for Low Impact Development technologies as an alternative and voluntary option for developers to satisfy storm water requirements and watershed goals. Staff is requesting the Board adopt the resolution accepting the Low Impact Development Manual thereby encouraging developers and engineers to utilize Low Impact Development techniques as an alternative and voluntary option to comply with local, state, and federal water quality requirements. The Planning Board has approved the Low Impact Development manual as proposed. After brief discussionChairman Greer requested direction from the Board. Motion : Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution accepting the Low Impact Development Manual. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 21.6. A copy of the Low Impact Development Guidance Manual is available for review in the Planning Department. 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. William Moore spoke in opposition to the ABC Board expansion in a residential area due to concerns of increase traffic, destruction of affordable housing, and the removal of significant trees. He requested the Commissioners stop the ABC Board from continuing the project. Robert Parr voiced his opposition to a link from the county website to the Carolinas Cement Company website listing scheduled community workshops. He spoke in opposition to the location of the cement company citing environmental concerns. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 6, 2008 PAGE 475 ADDITIONAL ITEM ADOPTION OF RESOLUTION TERMINATING STATE OF EMERGENCY Emergency Management Director Warren Lee reported that the State of Emergency that was enacted on September 4, 2008 can now be terminated. The State of Emergency was enacted due to the possible impact of Tropical Storm Hanna on New Hanover County and was effective on Friday, September 5, 2008 at 6:00 a.m. Chairman Greer requested a motion from the Board to adopt the resolution terminating the State of Emergency. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution terminating the State of Emergency that was enacted on September 4, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 21.7. BUDGET UPDATE County Manager Bruce Shell reported that staff is proactively monitoring the budget and assessing indicators such as a 1½ percent decrease in Room Occupancy Tax funds. Historically, property tax revenues enjoy a collection rate of 98% but with the increase in the number of foreclosures the impact of the current economic situation on tax collections won?t be realized until after taxes are due in January. A memo was sent to department heads requesting them to review their budgets and make reductions where possible. The County is in sound financial shape and staff will continue to closely monitor the budget versus actual expenditures and revenues. RECOGNITION OF BOY SCOUT TROOP 19 Chairman Greer recognized members in the audience from Boy Scout Troop 19. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 7:03 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board