2009-09-08 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 668
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 8,
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.; County Attorney Wanda
M. Copley; 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
Commissioner Barfield gave the invocation.
Commissioner Caster 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
Approval of New Hanover County Board of Education FY09-
Agenda requesting that Consent Agenda Item #8
10 Budget Resolution and Capital Outlay Budget Amendments #1 and #2
be removed for discussion.
Hearing no further comments, Chairman Davis called for a motion to approve the remaining items on the
Consent Agenda as presented.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the remaining
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:
Agenda Review meeting held on August 13, 2009
Regular Session meeting held on August 17, 2009
Closed Session meeting held on August 17, 2009
Adoption of State Road Resolutions Governing Body
The Commissioners adopted the North Carolina Department of Transportation State Road Resolutions
supporting the addition of the following roads in New Hanover County to the state system:
·
Eland Court located within the Brittany Woods Subdivision (Division File No. 1148-N).
·
Rhine Court located within the Marquis Hills Subdivision (Division File No. 1150-N).
Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book
XXXII, Page 17.1.
Approval of First Reading Request to Award a Solid Waste Franchise to Trash-It-Now Legal Department
The Commissioners, pursuant to New Hanover County Code Section 44-55, approved the first reading
request to award a solid waste franchise to Vanessa Harrison-Locklear doing business as Trash-It-Now. If
approved, the initial franchise period will run for seven years. A second reading is required for final franchise
award.
Approval to Amend Article IV Section 4.1.1 of the Juvenile Crime Prevention CouncilBy-Laws County
Managers Office
The Commissioners, at the request of the Juvenile Crime Prevention Council (JCPC), approved amending
Article IV, Section 4.1.1 of its by-laws to read as follows:
The JCPC shall meet at least bi-monthly in accordance with a schedule and at a location
adopted by the JCPC. Meetings are to be held on the 3rd Friday of the month.
Adoption of Resolution Authorizing the Disposal of Surplus Property Finance Department
The Commissioners, pursuant to the procedures outlined in General Statutes Chapter 160A-Article 12
governing the sale and disposition of property, adopted the resolution authorizing the disposal of surplus property.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 17.2.
Acceptance of Senior Health Insurance Information Program Grant Funds and Adoption of Budget
Ordinance Amendment 10-038 Department of Aging
The Commissioners, on behalf of the Department of Aging, accepted Senior Health Insurance Information
Program grant funds in the amount of $3,670.12 and adopted Budget Ordinance Amendment 10-038. The funds
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 669
will be used to counsel seniors 65+ on all Medicare issues. No local match is required and no requirement to
continue the program after the grant ends.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXII, Page 17.3.
Acceptance of Governors Crime Commission Grant Funds and Adoption of Budget Ordinance Amendment
10-026 Sheriffs Office
The Commissioners, on behalf of the Sheriffs Office, accepted Governors Crime Commission Grant
Funds in the amount of $99,610 and adopted Budget Ordinance Amendment 10-026. A Memorandum of
Understanding was executed between the County and City in January 2009 for this project with the City of
Wilmington serving as the lead agency to establish a Gang Resistance and Intervention Teamwork Grant Project.
The Countys portion of the grant award is as follows: $105,714 salary and fringe benefits for two detective
positions; $8,000 for operating expenses and $12,330 for equipment. The funding breakdown is as follows: state
$99,610; in-kind match $26,435; and cash match $26,434.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXII, Page 17.4.
Adoption of Budget Ordinance Amendments Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
10-031 - Finance
10-039 - Health
2010-11 - Sheriff's Office
2010-12 - Sheriff's Office
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXII, Page 17.5.
Approval of New Hanover County Board of Education FY09-10 Budget Resolution and Capital Outlay
Budget Amendments #1, #2 and #3 Budget Department
Approval of Board of Education Budget
Chairman Davis reported that Additional Agenda Item #20
Amendment #3 to Record Carryover of Capital Outlay Projects and to Record Transfer of Funds to New
Hanover High School Field House Renovation Project
has been combined with Consent Agenda Item #8
Approval of New Hanover County Board of Education FY09-10 Budget Resolution and Capital Outlay
Budget Amendments #1, #2 and #3
and requested staff provide an overview of the request.
Budget Director Cam Griffin presented the New Hanover County Board of Education FY09-10 Budget
Resolution and Capital Outlay Fund Budget Amendments #1, #2 and #3 as follows:
·
The Board of Education FY09-10 Budget Ordinance is in agreement with County Funding and
appropriates $15,000 of the Board of Education Fund Balance.
·
Capital Outlay Budget Amendment #1 appropriates $1,476,000 of funds saved from bond projects to
capital projects.
·
Capital Outlay Budget Amendment #2 transfers $5,274 from Capital Outlay Contingency for the
Alderman Sewer Line Repairs and transfers $51,463 from Williams Structural Repairs to New
Hanover High School Field House Structural Repairs.
·
Capital Outlay Budget Amendment #3 records the carry over for Capital Outlay Projects from FY08-
09 to FY 09-10 and records the transfer of unused bond funds to the New Hanover High School Field
House Renovation Project in the amount of $756,000.
Chairman Davis requested direction from the Board.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the New Hanover
County Board of Education FY09-10 Budget Resolution and Capital Outlay Budget Amendments #1, #2 and #3 as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the New Hanover County Board of Education FY09-10 Budget Resolution and Capital Outlay
Budget Amendments are available for review in the Budget Department.
Adoption of Constitution Week Proclamation County Managers Office
Adoption of
Chairman Davis requested Vice-Chairman Thompson read Additional Agenda Item #19
Constitution Week Proclamation
into the record.
Vice-Chairman Thompson read the proclamation into the record and moved for adoption.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
recognizing September 17-23, 2009 as Constitution Week in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 670
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 17.6.
REGULAR ITEMS OF BUSINESS
ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2009 AS
NATIONAL ALCOHOL AND
IN NEW HANOVER COUNTY
DRUG ADDICTION RECOVERY MONTH
Chairman Davis presented the request for the Boards consideration to recognize September 2009 as
National Alcohol and Drug Addiction Recovery Month in New Hanover County.
Commissioner Barfield read the proclamation into the record and moved for adoption.
Motion:
Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation
recognizing September 2009 as National Alcohol and Drug Addiction Recovery Month in New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Wilmington Treatment Center representative Gary Keyes was present to receive the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 17.7.
ADOPTION OF RESOLUTION IN APPRECIATION OF THE EFFORTS OF THE CAPE FEAR
COALITION OF CONCERNED CITIZENS
Chairman Davis presented the request for the Boards consideration to adopt the resolution in appreciation
of the efforts of the Cape Fear Coalition of Concerned Citizens.
Commissioner Caster read the proclamation into the record and moved for adoption.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adopt the resolution in
appreciation of the efforts of the Cape Fear Coalition of Concerned Citizens. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Wilmington Regional Association of REALTORS, Governmental Affairs Director Kathleen Riely was
present to receive the resolution.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 17.8.
RATIFICATION OF REQUEST FOR PROPOSAL FOR DEAF AND HARD OF HEARING SERVICES
SUBMITTED TO SOUTHEASTERN CENTER
Assistant County Manager Chris Coudriet reported that, with the approval of the Board of Health, a
Request for Proposal for Deaf and Hard of Hearing Services was submitted to Southeastern Center on August 17,
2009. The Request for Proposal included one licensed clinical therapist full-time position with full benefits. This is
a State funded regional coordinator position and no County match is required.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to ratify the Request for
Proposal for Deaf and Hard of Hearing Services submitted to Southeastern Center on August 17, 2009 as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF ADDITIONAL FUNDING IN THE AMOUNT OF $1.5 MILLION FROM OCCUPANCY
TAX FUNDS TO INCREASE THE SCOPE OF THE WRIGHTSVILLE BEACH RENOURISHMENT
PROJECT
Chairman Davis recognized the attendance of Wrightsville Beach Mayor Steve Whalen and requested that
staff present the request.
Assistant County Manager Dave Weaver presented the request for additional funding in the amount of $1.5
million from Room Occupancy Tax funds to increase the scope of the Wrightsville Beach renourishment project. At
the July 6, 2009 Board of Commissioners meeting, the Board voted unanimously to advance the Army Corps of
Engineers the total non-federal share of the beach re-nourishment projects for Wrightsville, Carolina and Kure
Beaches in the amount not to exceed $3,734,769 with the understanding that Room Occupancy Tax Funds will be
used for the local share in the amount of $933,792 and for the State share in the amount of $2,801,079 with the
anticipation that the State share will be reimbursed to the Room Occupancy Tax Fund.
Since that time, the price estimates for the projects have increased by 33% to 50% due to recent reductions
in the availability of dredging companies and equipment, and the increased number of dredging projects. In order to
meet the increased cost of dredging, the Corps of Engineers has combined the renourishment of all four beaches
(Ocean Isle was included in the project) into one project to reduce mobilization costs, and reduced the scope of the
renourishment so that approximately one-third less sand will be placed on the beaches and the length of the beaches
being renourished is significantly reduced. Although this combination and down-sizing of projects reduces costs, it
also results in the need to renourish the beaches again in two or three years, rather than three or four years.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 671
It is possible that the County may be able to contribute additional funds, along with the State, to increase
the scope of the Wrightsville Beach project due to the navigation maintenance aspect of Masonboro Inlet. This
possibility is not available for the Carolina Beach and Kure Beach project because there is no navigational
maintenance aspect associated with those beaches.
Richard Catlin, Chairman of the Port, Waterway, and Beach Commission, presented the unanimous
recommendation of the Commission that the County contribute an additional $1.5 million from Room Occupancy
Tax funds for the navigational maintenance part of the Wrightsville Beach project in order to leverage an additional
$1.6 million from the Corps. This recommendation suggests that the contribution be made only if the Corps will
supply sand to the Wrightsville Beach portion of the project before Masonboro Island. This will ensure that
Wrightsville Beach receives its full amount in case the sand supply runs out. The State has also committed to
contributing $1.5 million. Under this recommendation, Wrightsville Beach will receive the full amount of sand
originally designed. Since navigational maintenance is not part of the Carolina Beach and Kure Beach projects the
scope of their projects will be reduced because there is no Federal ability to accept non-Federal contributions.
The Commission also recommends that in the future the County pursue obtaining the required permits. In
the current case, it would have allowed the County to negotiate the project scope with the contractor for the Carolina
and Kure Beaches project.
In response to Board questions, US Army Corps of Engineers Jim Medlock reported that it is not possible
to accept the additional funds with the caveat of sand being placed first on Wrightsville Beach since this
specification was not included in the authorized project. It is believed that there is sufficient sand for both areas
with the sand meeting the standard for beach-quality sand. It is necessary to renourish both areas at the same time to
stay within the contract budget and time constraints.
In response to Board questions, US Army Corps of Engineers Robert Keistler confirmed that navigational
maintenance for Masonboro Inlet is required.
In response to Board questions, Mr. Medlock stated that it is the goal of the Corps to run an unbiased
contract process and let the contractor decide what the most cost-effective way to run the project.
In response to Board questions, Assistant County Manager Weaver reported that the Room Occupancy Tax
Fund balance is approximately $30 million.
In response to Board questions, Mr. Catlin reported that delaying the project will result in future higher
project costs and the loss of over $2 million in State funds for Wrightsville Beach.
After brief discussion, Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Greer, to contribute an additional $1.5
million from Room Occupancy Tax Funds to increase the scope of the Wrightsville Beach renourishment project.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING AND AUTHORIZATION TO SUBMIT AN APPLICATION FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT FOR A COMMUNITY REVITALIZATION PROJECT
Community Development Planner Wanda Coston reported that New Hanover County is eligible to apply
for Community Development Block Grant funds in the amount of $850,000 up to $1,000,000. This program is
administered by the North Carolina Department of Commerces Division of Community Assistance.
The objectives of the Community Revitalization Grant are to improve the housing conditions of very low to
low income residents and the designated areas need for improved water quality and drainage.
In order to qualify for the highest amount of funding, a third component must be included with the grant
application. Staff recommends this be accomplished through the creation of a partnership between the County and
the nonprofit developer Community Alternatives for Support Abodes of Raleigh. Infrastructure, housing
rehabilitation and vacant land acquisition will be the responsibility of the County. Community Alternatives for
Support Abodes will be responsible for financing and construction of the housing. Awards are made on a
competitive basis with the overall purpose to restore a designated residential area as delineated by a distinct
boundary of property lines or streets.
In order to comply with the terms and conditions set forth in the grant requirements, the County is required
to conduct a public hearing to solicit input concerning the 2009 application.
Planner Coston presented the Fulton Avenue area as the possible project for the revitalization project. If
the Board authorizes staff to proceed with the submission of a Community Development Block Grant for a
Community Revitalization Project another public hearing will be held at a later date to allow public input on the
application. No additional cost to the County is required.
Chairman Davis opened the Public Hearing and requested comments from the audience.
Hearing no comments, Chairman Davis closed the Public hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 672
After a brief question and answer period, Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster and Commissioner Barfield jointly MOVED, SECONDED by Vice-Chairman
Thompson, to authorize staff to prepare the submission of a Community Development Block Grant for a Community
Revitalization Project as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY TERRA BOWMAN
TO ALLOW AN IN-HOME CHILD DAYCARE FOR UP TO TEN CHILDREN LOCATED AT 4613
MANCHESTER DRIVE IN AN R-10 RESIDENTIAL DISTRICT (S-594, 8/09)
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.
The following persons were sworn in:
Jane Daughtridge
Chris OKeefe
Terra Bowman
Senior Planner Jane Daughtridge reported Terra Bowman is requesting a special use permit to allow an in-
home child daycare for up to ten children located at 4613 Manchester Drive in an R-10 Residential District and
presented a slide overview of the request.
Planning Director OKeefe read the findings of facts into the record and continued reporting that staff finds
the findings are positive. At its August 6, 2009 meeting, the Planning Board voted 5-0 to recommend approval of
the special use permit with a condition that the additional parking be clearly marked and identified. The petitioner
stated that they intend to use landscape timbers to mark the spaces and she will also add information about the
parking in a handbook she provides to her clients. No one from the public spoke on this item.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
In response to Board questions, Terra Bowman stated that she agrees with the findings of facts and
condition as presented by staff. Her neighbors are supportive of this request and she is currently maintaining a
waiting list. In response to Board questions, Ms. Bowman explained that according to State requirements any
under-school aged children in the home have to be included in the daycare count. She has one under-school aged
child and two children of school age.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
There being no comments, Chairman Davis closed the Public Hearing and requested direction from the
Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to grant the special use permit
request by Terra Bowman to allow an in-home child daycare for up to ten children located at 4613 Manchester Drive
based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger
the public health or safety if located and developed according to the plan as submitted and approved; 2) the use
meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the
value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the
use if developed according to the plan as submitted and approved will 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 with the condition that
the additional parking be clearly marked and identified. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated
as a part of the minutes and is contained in SUP Book IV, Page 27.2.
WITHDRAWAL OF REQUEST TO AMEND ARTICLE V, SECTION 53.5-2(7)(c) RELATING TO THE
FORMULA FOR ACCOMMODATING PUBLIC SCHOOL FACILITIES IN PLANNED
DEVELOPMENTS
Chairman Davis requested staff to make the presentation.
Planning Director Chris OKeefe presented the request to amend Article V, Section 53.5-2(7)(c). The
revision clarifies the formula used for accommodating public school facilities in planned developments.
The Planning Board, at their August 6, 2009 meeting, voted 5 to 0 to recommend approval of the
amendment with one change, removing the reference to when the fee in lieu of dedication would be paid. The
Planning Board may investigate other payment options. No one from the public spoke on this item. The following
amendment includes the Planning Boards changes:
(7) The following minimum improvements and public services shall be provided in accordance with all
standards set by the County or appropriate local or State agency:
(A) Water supply and sewer facilities; (8/3/87)
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 673
(B) Fire hydrant and water supply systems that meet the standards specified in Volume 2, Standard 24
of the National Fire Protection Association Fire Code as amended.
(C) Adequate public elementary school facilities shall be available to serve the PD District. The
developer must choose and do one of the following two options:
1. The developer may donate by gift deed land to the County Board of Education provided the
following conditions are met.
a. The amount of land dedicated shall be equal to the following: acreage of land = (# of
*
units in PD) x (.0217Acre/Unit)
b. The value of the land donated shall be equal to or greater than the fee. The market
value of the land shall be determined either by its tax assessed market value or by a
certified appraiser based on the value of unimproved developable land in the PD site.
The County will choose the appraiser who shall be chosen by the County and whose
fee shall be paid by the developer
c. The land to be donated must be evaluated and accepted by the Board of Education with
regard to such criteria as location, access, physical characteristics, and size. In the
event that land is not so donated and accepted, then section 2 below applies.
* NOTE: Where development is proposed to be age restricted to senior adult residents and adequate
documentation is produced and recorded to assure this outcome, such units will not be calculated into
the equation in 1.a. above. However, if such units convert or otherwise transition to unrestricted
ownership, the school acreage shall be recalculated on the entire number of units and the difference in
donated land or fee in lieu of donation shall be due and payable immediately.
Planning Director OKeefe continued reporting that the rationale for the change is that if the community is
restricted to persons without school-age children, the impact on schools will not be relevant. A developer should not
be able to make that claim and then create an impact at a later time without adequate contribution to the school
system.
2. The developer may pay a fee to New Hanover County for the benefit of the County Board of
Education equal to the tax assessed market value as determined by a certified appraiser, of the
amount of unimproved developable land in the PD site as calculated in subsection (1)a. above
for unimproved land in the PD site (3/2/87). The appraisal must be submitted as part of the
PD application. The appraiser shall be chosen by the County and paid by the developer. The
entire fee for the whole PD project must be paid before submittal of any final plat.
(Rationale: In order to capture the true cost of providing land for public school sites a fair market appraisal
should be utilized. The entire fee should be collected before the first final plat is submitted to allow the
school system to utilize the fee for the intended purpose of purchasing land for an elementary school.)
(F) A fee shall be paid to New Hanover County for use by the fire department servicing the PD District.
The Fire Service District Commission shall recommend the most appropriate use of the fee to provide
adequate fire protection in the District. The entire fee for the whole PD project must be paid before
submittal of any final plat.
In closing, Planning Director OKeefe reported that the rationale for the change is that the entire fee should
be collected before the first final plat is submitted to allow the fire district to utilize the fee for the intended purpose
of protecting the entire project and should be calculated according to the fee schedule listed in the ordinance.
Commissioner Greer suggested the wording The appraiser shall be chosen by the County and paid by the
developer be changed to read The County and developer shall mutually agree upon the appraiser and be paid for
by the developer.
Vice-Chairman Thompson voiced his concern with allowing an exemption for age restriction since all
residents profit when the County has a strong school system.
Commissioner Barfield stated that he does not support allowing a developer to have a choice in the
selection of an appraiser clarifying that it is the responsibility of the County to choose an experienced, reliable
appraiser through a recommendation and bid process.
After continued discussion concerning the wording of the text amendment, Chairman Davis requested
direction from the Board.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to withdraw from
consideration amending Article V, Section 53.5-2(7)(c) of the New Hanover County code directing staff to allow
extra time for discussion at the Agenda Review meeting when this item is next placed on the Boards agenda. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 674
PUBLIC HEARING AND APPROVAL OF STREET READDRESSING ON DANIEL BOONE TRAIL AND
OFFICIALLY RECOGNIZE THE SUFFIX TRAIL IN THE STREET NAME
Chairman Davis opened the Public Hearing and requested staff to make the presentation.
Principal Development Planner Sam Burgess reported that along Daniel Boone Trail, a number of the
parent tracts of land have been divided creating a demand for additional street addresses. Several mailing addresses
were issued not in accordance with the Countys Addressing Standards, creating a numbering sequence issue. These
elements have resulted in the duplication of several mailing addresses causing confusion for residents, emergency
service delivery, and the Postal Service.
Staff recommends that the residential mailing addresses that are out of sequence be adjusted in addition to
officially recognizing the suffix trail in the street name Daniel Boone Trail and a new street block be added to the
northern portion of the road to allow flexibility in future numbering. Property owners will be asked to make the
necessary changes to their new road name and address within three months or December 7, 2009 so that mail
delivery and other services will not be interrupted.
Chairman Davis asked if anyone in the audience wished to speak in favor of or in opposition to the request.
Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the street
readdressing on Daniel Boone Trail, officially recognize the suffix trail in the street name, and a new street block
be added to the northern portion of the road as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII,
Page 17.9.
PUBLIC HEARING AND APPROVAL OF REQUEST TO NAME A PRIVATE ROAD LOCATED NEAR
THE 2500 BLOCK OF ROCKHILL ROAD TO BABA EDDIE LANE AND ASSIGN NEW STREET
MAILING ADDRESSES (SN-109, 08/09)
Chairman Davis opened the Public Hearing and requested staff to make the presentation.
Principal Development Planner Sam Burgess presented the request to name a private road located near the
2500 block of Rockhill Road to Baba Eddie Lane and assign new street mailing addresses. In consultation with the
residents who live along the road and Emergency 911, the decision was made to name the road for emergency
service delivery and location purposes. Presently, the private road serves access to five residential homes, two of
which front Rockhill Road.
Staff recommends that the private unnamed road be named Baba Eddie Lane and assign mailing addresses
to the residents who live along the road. Property owners will be asked to make the necessary changes to their new
road name and address within three months or December 7, 2009 so that mail delivery and other services will not be
interrupted.
Chairman Davis asked if anyone in the audience wished to speak in favor of or in opposition to the request.
Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the request to name a
private road located near the 2500 block of Rockhill Road to Baba Eddie Lane as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII,
Page 17.10.
ADDITIONAL ITEMS
UPDATE ON LANDFILL BAN ITEMS
Environmental Management Director John Hubbard reported that effective October 1, 2009 North Carolina
law will prohibit the disposal of the following three items from landfills in addition to the nine other items that are
currently banned:
·
Used oil filters select auto part stores are preparing disposal areas
·
Wooden pallets there are local companies that charge for recycling pallets
·
Plastic bottles need to be recycled via County recycling stations and/or private contractor
There is a means currently in place to dispose of each of these items including at the Countys WASTEC
facility.
UPDATE OF APPRAISED VALUES IN THE CITY OF WILMINGTON
County Manager Bruce Shell reported that the City of Wilmington challenged the appraised values on
certain properties and contracted with Bob Segal to conduct an appraisal of those properties. Mr. Segal notified staff
that the Countys values were upheld and correct.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 8, 2009 PAGE 675
FEDERAL LEGISLATION CONCERNING RENDERING THE HAND SALUTE TO THE FLAG
Vice-Chairman Thompson reported that recent Federal legislation allows members of the United States
Armed Forces, veterans, retirees, reservist, or National Guardsman the privilege of rendering the hand salute when
recognizing the flag even when not in military uniform.
HEALTH DEPARTMENT FLU VACCINATION CLINICS SCHEDULED
Commissioner Barfield reported that the Health Department has scheduled flu vaccination clinics and
encouraged the public to get their flu vaccination.
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.
David Ward stated that he was speaking on behalf of the Tucker Burnett Neighborhood and requested the
Board appeal the ruling of Superior Court Judge Locklear reversing the Boards July 7, 2008 decision to deny the
application by Carolina Marina and Yacht Club, LLC to amend Special Use Permit 13. Mr. Ward contended that
the appeal will carry more weight if the County joins in the appeal. He stated that they are willing to pay the
expenses of the County legal staff. Mr. Ward presented to the Board a letter supporting this recommendation
written by Sandy Best.
Wayne Hanson, Inlet Point Harbor, voiced his concern that the proposed project will have a negative
impact on water quality and increase the boat traffic stating that he lives south of the proposed marina.
Pat Wall, Tucker Burnett Neighborhood, requested the Board appeal the ruling of Superior Court Judge
Locklear.
At the request of Chairman Davis, each Commissioner confirmed their support of the Boards August 17,
2009 unanimous decision not to appeal the ruling of Superior Court Judge Locklear.
ADJOURNMENT
There being no further business, Chairman Davis requested a motion to adjourn the meeting.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 8:20 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.