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2009-03-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 555 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 2, 2009, 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 Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; Assistant County Attorney Sharon Huffman; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend John C. Drewry, St. Andrews On-the-Sound Episcopal Church, gave the invocation. Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, 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 from the following meetings as presented by the Clerk to the Board: Board of Equalization and Review meeting held on February 12, 2009 Agenda Review meeting held on February 12, 2009 Regular Session meeting held on February 16, 2009 Tax Increment Financing Work Session held on February 16, 2009 Solid Waste Work Session held on February 16, 2009 Adoption of State Road Resolution  Governing Body The Commissioners adopted a North Carolina Department of Transportation State Road Resolution supporting the addition of Swartville Road in New Hanover County (Division File No. 1140-N) to the state system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 6.1. Approval of Second Reading for Renewal of Ambulance Franchise for Convalescent Care to Coastline Care, Inc.  Legal Department The Commissioners, at the request of Coastline Care, Inc., approved the second reading for renewal of the ambulance franchise for six years from February 1, 2009 through February 1, 2015. The Board unanimously approved the first reading at their February 16, 2009 meeting. A copy of the franchise agreement is available for review in the Legal Department. Approval of First Reading for Solid Waste Franchise for East Coast Sanitation  Legal Department The Commissioners, at the request of East Coast Sanitation, approved the first reading awarding a solid waste franchise to East Coast Sanitation. The initial franchise period will run for a period of seven years. This issue requires two Board approvals and will be placed on the March 16, 2009 meeting agenda for final approval. Upon award, the company will provide Certificates of Insurance; agree to not bring outside waste into the County and to haul all waste to a facility designated by the County. Adoption of NewBridge Bank Corporate Authorization Resolution  Finance Department The Commissioners adopted the NewBridge Bank Corporate Authorization Resolution. The resolution authorizes Avril M. Pinder, Finance Director and Barbara D. McClure, Assistant Finance Director as the authorized representatives and allows them the authority to execute all appropriate documents for this account. A copy of the NewBridge Bank Corporate Authorization Resolution is on file in the Finance Department Acceptance of the 2008 Safer Grant Funds and Adoption of Budget Ordinance Amendment 09-155  Fire Services The Commissioners, on behalf of Fire Services, accepted 2008 Safer Grant Funds in the total amount of $813,080 and adopted Budget Ordinance Amendment 09-155. The funds will be used as follows: · $9,400 over a four year period for a professionally designed and produced fire department marketing program to recruit motivated people to volunteer in the fire service. No County match is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 556 · $72,000 over a four year period for an internship program with tuition reimbursement assistance for part- time volunteer positions for resident college interns. College students enrolled in a 4-year program would receive $2,000 per year ($1,000 per semester) and students enrolled in a 2-year program would receive $1,000 per year ($500 per semester) of tuition reimbursement. No County match is required. · $731,680 over a five year period to pay a portion of the salary and benefits for six new full-time paid firefighter positions to bring two stations within compliance to meet NFPA and OSHA standards of a four person company. There is no requirement to continue the six positions after the last year of the grant award. The grant provides a sliding scale portion of salary and benefits. The required county match is as follows: $45,290 Fiscal Year 08-09 $82,504 Fiscal Year 09-10 $172,157 Fiscal Year 2010-2011 $236,144 Fiscal Year 2011-2012 $326,834 Fiscal Year 2012-2013 $862,929 Total A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 6.2 Authorization to Submit Grant Application to the North Carolina Grassroots Arts Fund  Cape Fear Museum The Commissioners authorized the Museum to submit a grant application as the Designated County Partner to the North Carolina Grassroots Arts Fund in the amount of $57,971. If awarded, 80% of the funds will be distributed as sub-grants to local 501(c) 3 arts organizations whose applications meet review standards with the remaining 20% of funds used to offset the costs of administration and support defined program goals at the Museum and the Greater Wilmington Arts and Cultural Alliance. No County match is required. Authorization to Submit Re-Accreditation Materials to the American Association of Museums  Cape Fear Museum The Commissioners authorized the Cape Fear Museum, which obtained accreditation in 2000, to submit the following re-accreditation materials to the American Association of Museums: Cape Fear Museum Strategic Vision with 2010 and Long Range Objectives Cape Fear Museum Statement of Governance Cape Fear Museum Code of Ethics Cape Fear Museum Collections Policy Cape Fear Museum Self-study Questionnaire A copy of the re-accreditation package is available for review at the Cape Fear Museum. Approval of New Hanover County Board of Education Budget Amendment #5  Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Budget Amendment #5 recording the State Lease of School Buses. Since no funds directly flow through the local Board of Education budget the entry is necessary since the State cannot directly enter into the Lease for the Buses. A copy of the New Hanover County Board of Education Budget Amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-148 - Sheriff's Office 09-152 - Library Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 6.3. REGULAR ITEMS OF BUSINESS TH ADOPTION OF PROCLAMATION RECOGNIZING THE 100 ANNIVERSARY OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE AND THE NEW HANOVER COUNTY AREA BRANCH th Chairman Davis presented the request for the Boards consideration to recognize the 100 Anniversary of the National Association for the Advancement of Colored People and the New Hanover County area branch. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation th recognizing the 100 Anniversary of the National Association for the Advancement of Colored People and the New Hanover County Branch. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 557 Mr. Harold Beatty was present to receive the proclamation on behalf of the New Hanover County Branch of the National Association for the Advancement of Colored People. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 6.4. PRESENTATION RECOGNIZING COMMISSIONER GREER FOR FIFTEEN YEARS OF SERVICE ON THE PARKS AND RECREATION ADVISORY BOARD New Hanover County Parks and Recreation Director Neal Lewis and Advisory Board Chairman Walt Conlogue presented Commissioner Greer a plaque recognizing him for fifteen years of service on the Parks and Recreation Advisory Board. Past Chairpersons Jack Bragg, Keith Suttle, Liz Coughlin and John Coble were also in attendance. PRESENTATION OF CAPITAL IMPROVEMENTS PROGRAM BY CAPE FEAR PUBLIC UTILITY AUTHORITY Frank Styers, Director of Engineering for the Cape Fear Public Utility Authority presented an overview of their Capital Improvement and Capacity Management Programs. The Fiscal Year 09 budget includes $606 million over ten years for Capital Improvement Projects; $395 million for sewer projects and $211 million for water projects. The following break-down of projects were highlighted: · Sewer projects: Northside Waste Water Treatment Plant project expands plant capacity to 16 million gallons per day o and improves effluent quality. Southside Waste Water Treatment Plant project is under design to ensure that future capacity is o available. Downtown initiatives include coordinating projects with the City to include Front Street Streetscape, o rd 3 Street Streetscape and Pump Station 11 upgrades. Northern route force main construction to add redundancy and allow flow management between o plants. · Water projects: Most of the funding is for large scale construction to improve quality and system capacity with the o other funding being for construction projects and aging system repairs. Mr. Styers continued reporting that some projects have affected how Capital Improvement Projects are being carried out from funding and priority perspectives. The Burntmill Creek project has revealed additional repairs have been more costly than anticipated and needed funding from subsequent years; raw water line assessment has found that repairs are needed immediately at the Cape Fear River with the good news that the remainder of the supply line is in good shape; and the Capacity Management Program has identified pump stations that need upgrades immediately or in the foreseeable future. The Capacity Management Program is a new program that tracks and documents capacity in pump stations and treatment facilities and is a requirement of the Division of Environmental and Natural Resources, Division of Water Quality. Capacity allocation will allocate sewer/water capacity at the time the application is approved and signed by the Authority and a Flow Acceptance Letter is issued to the Division of Water Quality. Payment of System Development Charges is due at the time a building permit is issued or when application is made for water and/or sewer service. After a brief question and answer period, on behalf of the Board, Chairman Davis thanked Mr. Styers for the presentation. A copy of the Power Point presentation is available for review at the Cape Fear Public Utility Authority. DISCUSSION ON COMMISSIONER PARTICIPATION IN BUDGET CUTS Chairman Davis led the discussion on the Commissioners voluntarily participating in the furlough hours that employees are required to take before June 30, 2009. County employees are being required to take forty hours without pay to help with the budget deficient. Motion : Chairman Davis MOVED, SECONDED by Commissioner Barfield, to participate in the forty furlough hour requirement before June 30, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND DENIAL OF REQUEST BY SHANKLIN AND NICHOLS ON BEHALF OF CAROLINA MARINA AND YACHT CLUB FOR A MAJOR MODIFICATION TO AN EXISTING SPECIAL USE PERMIT FOR A COMMERCIAL MARINA IN AN R-15 RESIDENTIAL ZONING DISTRICT LOCATED AT 1512 BURNETT ROAD (S-13, 6/71) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 558 The following persons were sworn in: Jane Daughtridge Chris OKeefe Ken Shanklin Matt Nichols Tim Ward Jimmy Fentress David Ward Pat Wall Violet Ward Kim Altman John Tinney Gene Merritt Laura Stasovich Senior Planner Jane Daughtridge reported that Shanklin and Nichols, on behalf of Carolina Marina and Yacht Club, are requesting a major modification to an existing Special Use Permit to locate a commercial marina in an R-15 Residential Zoning District located at 1512 Burnett Road and presented a slide overview of the property. Vice-Chairman Thompson stated that due to a work-related history with the project he would like to be recused from hearing this item. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to recuse Vice-Chairman Thompson from hearing this item due to a work related history with the project. Upon vote, the MOTION CARRIED 4 TO 0. Planning Director OKeefe presented a history of the request stating that this permit relates to a marina project in a residential district which was originally approved in 1971. In 2002, 2005, 2006, 2007, and 2008, the applicant has applied for and withdrawn six requests for modifications to include dry stack storage or to include a forklift pier. In five of the cases, the Planning Boards have recommended denial. In one case, the Planning Board vote was split 3-3. Most recently in June 2008, another application was filed for dry stack storage and forklift pier under case number S-582. That request was denied by the County Commissioners in July, 2008. Over time, the details of the proposal have been modified by a series of administrative approvals under the provisions of Section 71-1(9) of the zoning ordinance. The County deems the September 25, 2005 administrative approval to be the current valid site plan. The proposed change differs substantially from the existing, valid site plan. It also is substantially different from the recent S-582 case in that dry stack storage is not requested and the drop zones have been redesigned. The applicant is requesting a major modification to S-13, thus re-opening the case for a new review and re-approval. Planning Director OKeefe read the findings of facts into the record clarifying that the present request is to allow one 24 to 42 foot wide forklift pier; replacing two smaller facilities and removing the boat ramp; allow storage on single layer racks of up to 81 boats; and reorganize site layout to accommodate the increased boat storage. The Planning Board, at its February 5, 2009 meeting, voted 4-3 to recommend denial of the modification request. Members complimented the applicants effort to address the issues but concluded that the proposal is not compatible with the surrounding residential neighborhood. Three people made public comments against the proposal, citing concerns for safety, environmental concerns, nuisance issues and lack of harmony with the neighborhood. If approved Staff recommends the following conditions and/or clarifications: 1) Parking or storage of boats will not take place in the Customer Parking Area. 2) Building permit for the approved pier must be issued within 24 months of approval or S-13 shall expire in its entirety and shall be void and of no effect. If the permit is reapproved under a whole-case review, a new time clock should start for accomplishing the development. Since this proposal has lingered for many years without substantial progress, it seems appropriate to set a benchmark for keeping the new permit approval valid. Acquiring a building permit for the enhanced pier within the normal 24-month period would be a reasonable expectation. In response to Board questions, Planning Director OKeefe reported that dredging is not a part of the modified request. Chairman Davis asked if the Petitioner wished to speak in favor of the request. Tim Ward, the Petitioner, presented the request to modify the current Special Use Permit, highlighting the following changes from the current project: · Eliminate potential for multi-level dry stacking of boats. · Remove approved clubhouse from 75 foot Conservation Overlay District NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 559 · Clear limitation on number of permitted boat · Boat storage area clearly identified · Greater distance between boat storage area and both adjacent properties · Specific limitations on use of forklift · Major boat repairs prohibited on site · Limitations on use of clubhouse facility · Hours of operation clearly identified on site plan In response to Board questions, Mr. Ward stated that he agreed with the Findings of Facts as presented and that he thought he had already satisfactorily addressed the parking condition and requested that the condition on the issuance of the building permit for the pier be changed to two years to begin construction after the permits were received. Ken Shanklin, Attorney for the Petitioner clarified they were requesting the condition be changed to two years from the receipt of all applicable permits. Laura Stasovich, Land Management Group, reported that with the existing CAMA permit all dredging would be prohibited including maintenance dredging. The forklift option would allow boats to be placed and retrieved in water that is a minimum of 1.5 and 2 feet at low tide, which is the current standard. Gene Merritt, GMC Appraisals and Consulting, stated that his company was requested by the Petitioner to review the impact that dry stack facilities have on surrounding property values and it is his determination that they do not negatively impact property values, and in most cases, may very well enhance the property values. Ken Shanklin, Attorney for the Petitioner, offered closing remarks stating that the modified plan is a more modern use of this property and is a better plan and requested the Board approve the request. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. In response to Board questions, David Ward, resident of 1508 Burnett Road, stated that he is opposed to the modified request and that he would prefer the Board keep the current plan claiming that for the neighborhood the proposed plan is a far worse project than the 2005 plan. John Tinney, resident of 3013 Sunny Branch Drive, spoke on the negative experience he had when a dry storage facility was built adjacent to his home on Bradley Creek highlighting the negative affect the noise the forklift had on them and how their property value was affected negatively. He requested the Board deny the proposed request so others would not have the same experience. Pat Wall, resident of 1504 Burnett Road, stated that there is one house between her and the proposed development and that she does not feel that the project will be compatible or in harmony with their neighborhood and that property values will be negatively impacted due to the noise from the forklift, the increase in traffic, and the impact on fishing, swimming and clamming off the end of their community pier. David Ward recognized those in the audience opposed to the modified request. He entered into the record a written statement outlining his concerns. He requested the Board deny the request stating that it is not in harmony with the area and is not good for the neighbors or the environment and that the Planning Board did not approve the request. He reported on the number of boat slips that are available within the surrounding area. Violent Ward, resident of 1508 Burnett Road, stated that her son, David, was speaking on her behalf. Kim Altman, resident of 7323 Walter Avenue, requested the Board deny the request due to safety concerns about the increase in traffic and that the project will not be in harmony with the surrounding area. Chairman Davis asked for rebuttal comments. In rebuttal comments, Tim Ward, the Petitioner, stated that for the Boards consideration are two plans. The modified plan is a better plan than the current plan restating the benefits of the modified plan. The only benefit for him in the modified plan is the use of the forklift; all the other modifications are to benefit the surrounding neighbors. Almost all the residents who are opposed to this project acquired their property after the marina permit was issued and had been operating for many years. In response to comments made by John Tinney, Attorney Shanklin, entered into the record the Chain of Title for the property located at 303 Bradley Drive, Mr. Tinneys former home, showing the increase in value from $35,000 to the last sale occurring in 2000 for over $1 million. The project has been designed to be environmentally safe, meets the required criteria and is in harmony with the surrounding area. In rebuttal comments, David Ward reiterated his concerns that the project will not be in harmony and will be in violation of the Countys noise ordinance. In rebuttal comments, Kim Altman, stated that she was concerned how the boats would be transported inland if a hurricane was approaching. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 560 In rebuttal comments concerning the Chain of Title document, Mr. Tinney reiterated the impact that a marina had on his property on Bradley Creek stating that the realtors would not show his house until the marina was closed for the day because of the noise. In rebuttal comments, Pat Wall reiterated her concern that the request is not in harmony with the area and requested the Board deny the request. There being no further comments, Chairman Davis closed the Public Hearing. In response to Board questions, Planning Director OKeefe reported that in September 2005 then Planning Director Dexter Hayes administratively approved a minor change to the site plan. At that time it was determined that the boat ramp plan would not be useable due to the shallow water depth and that dredging would be necessary. In response to Board questions, Planning Director OKeefe stated that the Petitioner is opening up the Special Use Permit by requesting the modification and that the Board could at this time add additional restrictions and conditions. Chairman Davis requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to deny the request by Shanklin and Nichols, on behalf of Carolina Marina and Yacht Club, for a major modification to an existing Special Use Permit to locate a commercial marina in an R-15 Residential Zoning District located at 1512 Burnett Road based on the evidence presented and the findings of facts concluding that the location and character of the use if developed according to the plan as submitted will not be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the order denying the Special Use Permit is contained in SUP Book IV, Page 25.2. BREAK Chairman Davis called for a break from 7:50 p.m. until 8:00 p.m. APPROVAL TO MOVE FORWARD WITH CONCEPTUAL DESIGN OF THE REQUEST FOR PROPOSAL FOR THE MANAGEMENT OF SOLID WASTE Assistant County Manager Dave Weaver reported that at the Board of County Commissioners February 16, 2009 Solid Waste Work Session they directed staff to prepare a Request for Proposals for solid waste management companies to use in soliciting the County to manage its solid waste. Assistant County Manager Weaver presented an overview of the draft Request for Proposals highlighting the following features that have been included in the draft: · Emphasis on companies providing a comprehensive approach for all functions, although not required. · Long-term flexible contract. · Evaluation criteria to be used for selecting a proposal. · Common set of assumptions for all companies to work from. · Request for proposals for solid waste functions with several alternates as outlined below: · Module 1: Solid Waste Disposal Minimum and Maximum Acceptable Landfill Tonnage provided by New Hanover o County Must address the NHC Landfill, including maintaining the existing permits o Must address WASTEC (whether mothball, dismantle, sale to third party, o refurbishment and use, etc) Must discuss disposition of residual Municipal Solid Waste (whether reduction due to o some conversion process, transport and disposition at another landfill, etc.) · Module 2: Landfill Gas · Module 3: Recycling Collection and Disposal Residential (at a minimum must provide expanded number of drop sites vs. current) o Commercial and Industrial; including construction and demolition o Assistant County Manager Weaver continued reporting that bidders may bid on one or more modules; or they may bid alone or as a team. Bidding on all modules is preferred to create a comprehensive, integrated solid waste management system. All bidders must meet the minimum criteria; more extensive proposals will be given preferential consideration. The Board is requested to approve the draft Request for Proposals. Staff will then go forward with the RFP process; review proposals received with the objective of making a recommendation to the Board at its June 1, 2009 meeting. All proposals will be available to the Commissioners for their review. The Board held a question and answer period with staff. After brief discussion, the consensus of the Board is to direct staff to take into consideration the Board comments and to move forward with the conceptual design of the RFP using a comprehensive integrated solid waste management system approach with one prime provider with the proposal to include the bid cost for each module and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 561 total cost bid; using standardized costs per ton with the County providing the assumptions for tonnage; appoint a single point of contact; bring in a consultant with experience in solid waste during the RFP process and to assist in negotiations; and bring a draft RFP to the Board as soon as possible for review and consideration. In response to Board questions, County Manager Shell reported that the FY 09-10 budget for Environmental Management would be prepared as if the operation would be continuing as is. ADOPTION OF RESOLUTIONREQUESTING THAT NEW HANOVER COUNTY BE ADDED TO SENATE BILL 1597 - AN ACT TO AUTHORIZE DEVELOPMENT INCENTIVES IN EXCHANGE FOR REDUCTIONS IN ENERGY CONSUMPTION Planning Director Chris OKeefe reported that existing Senate Bill 1597 allows certain cities, towns and counties to adopt ordinances to grant a density bonus, make adjustments to otherwise applicable development requirements, or provide other incentives to a developer within a local government's planning jurisdiction. The incentives may be offered if the developer agrees to construct new development or reconstruct existing development in a manner that the county or municipality determines makes a significant contribution to the reduction of energy consumption. Currently Senate Bill 52 is being proposed to amend Senate Bill 1597, authorizing Pender County to offer development incentives in exchange for reductions in energy consumption. Staff is requesting the Board adopt the resolution requesting that New Hanover County's legislative delegation support amending Senate Bill 1597 to add New Hanover County to this Bill allowing the County to offer development incentives in exchange for reductions in energy consumption. In response to Board questions, Planning Director OKeefe confirmed that the building community and environmental community support this initiative. Vice-Chairman Thompson read the resolution into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the resolution requesting that New Hanover County's legislative delegation support amending Senate Bill 1597 to add New Hanover County to this Bill allowing the County to offer development incentives in exchange for reductions in energy consumption. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 6.5. NON-AGENDA ITEMS Chairman Davis 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 ADOPTION OF RESOLUTION OPPOSING SENATE BILL 173 AN ACT TO ALLOW THE CITY OF WILMINGTON TO EXERCISE EXTRATERRITORIAL PLANNING AND ZONING WITHIN NEW HANOVER COUNTY AND SUPPORTING HOUSE BILL 313 AN ACT PROHIBITING A CITY FROM EXERCISING EXTRATERRITORIAL JURISDICTION IN AN AREA IF THE COUNTY HAS ADOPTED AND IS ENFORCING A ZONING ORDINANCE Assistant County Attorney Sharon Huffman reported that Senate Bill 173 entitled AN ACT TO ALLOW THE CITY OF WILMINGTON TO EXERCISE EXTRATERRITORIAL PLANNING AND ZONING WITHIN NEW HANOVER COUNTY has been filed as a local act in the General Assembly. If adopted, the proposed Bill would allow the City of Wilmington to exercise extraterritorial planning and zoning within New Hanover County without the approval of the Board of Commissioners. County residents within the Extraterritorial Jurisdiction would be subject to ordinances and regulations imposed by municipal officials who are not their elected representatives and would disregard the mandates of General Statute 160A-360 that was adopted statewide in 1959. A bill opposing House Bill 313 entitled AN ACT PROHIBITING A CITY FROM EXERCISING EXTRATERRITORIAL JURISDICTION IN AN AREA IF THE COUNTY HAS ADOPTED AND IS ENFORCING A ZONING ORDINANCE has also been filed. If adopted, the proposed Bill would prohibit a city from extending its extraterritorial powers into any area for which the county at that time has adopted and is enforcing a zoning ordinance. Commissioner Greer read the resolution into the record. Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution opposing Senate Bill 173 and supporting House Bill 313. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 6.6. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 2, 2009 PAGE 562 BUDGET UPDATE County Manager Bruce Shell presented a budget update stating that staff is taking a close look at revenue projections and reviewing possible measures such as reorganization and reduction in force. Forty-three employees have opted to take the retirement package incentive. November and December sales tax receipts were down with January sales tax receipts up a little. An announcement on what additional measures need to be taken will be made on Monday, March 9, 2009. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:06 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.