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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.