February 20 (Regular Meeting) - Pitt County Government
February 20 (Regular Meeting) - Pitt County Government
February 20 (Regular Meeting) - Pitt County Government
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PITT COUNTY BOARD OF COMMISSIONERS<br />
GREENVILLE, NORTH CAROLINA<br />
FEBRUARY <strong>20</strong>, <strong>20</strong>06 MINUTES<br />
The <strong>Pitt</strong> <strong>County</strong> Board of Commissioners met on Monday, <strong>February</strong> <strong>20</strong>, <strong>20</strong>06, at 6:00 PM in the<br />
Commissioners' Auditorium, <strong>Pitt</strong> <strong>County</strong> Office Building, 1717 W. 5th Street, Greenville, North<br />
Carolina.<br />
Commissioners present:<br />
Jimmy Garris, Chairman<br />
Beth Ward, Vice Chairman<br />
Glenn Bowen, Commissioner<br />
Tom Coulson, Commissioner<br />
David Hammond, Commissioner (arrived a few minutes late)<br />
Eugene James, Commissioner<br />
Melvin McLawhorn, Commissioner<br />
John Minges, Commissioner<br />
Commissioners Absent:<br />
Mark Owens, Jr., Commissioner<br />
Staff present:<br />
Scott Elliott, <strong>County</strong> Manager<br />
Susan Banks, Clerk to the Board<br />
JoAnne Burgdorff, <strong>County</strong> Attorney<br />
Melonie Bryan, Deputy <strong>County</strong> Manager/Financial Services<br />
Lori Hartsfield, Community Development Administrator<br />
John Morrow, Director/Health Department<br />
Jeff Niebauer, Tax Collector<br />
James Rhodes, Planning Director<br />
Stephen Smith, Planner III/Floodplain Administration<br />
Michael Taylor, MIS Director<br />
Florida Hardy, Human Resources Director<br />
John Bulow, Deputy Manager/Community Services<br />
Phil Dickerson, Deputy Manager/Facility Services<br />
Call to Order<br />
<strong>Meeting</strong> Notes<br />
Chairman Garris called the meeting to order and welcomed everyone. Prior to opening<br />
the meeting, the Chairman informed the public that the overflow room was open in the EOC<br />
where people could view the meeting if the auditorium was overcrowded.<br />
Roll Call<br />
Invocation and Pledge<br />
<strong>Meeting</strong> Notes<br />
The invocation was offered by Chairman Garris.<br />
The Pledge of Allegiance was led by Commissioner Bowen.<br />
Approval of Agenda<br />
Staff Recommendation<br />
1<br />
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Motion to approve the agenda as presented with addition of Proclamation for March to be<br />
National Health Month.<br />
<strong>Meeting</strong> Notes<br />
Chairman Garris suggested that the item on page 82 (Community Transportation<br />
Coordinator Position) be moved to the first item to focus on since Mr. Bulow is present. Chairman<br />
Garris stated that Mr. Bulow had knee surgery and needs to be excused as soon as possible.<br />
Commissioner Coulson asked the board to consider moving the general “Public<br />
Addresses to Board” to the beginning of the meeting prior to the other public hearings due to the<br />
number of interested citizens that were present. It was a consensus to move the public<br />
addresses to the board to the beginning of the meeting.<br />
Motion:<br />
Motion to add the Proclamation for March to be National Nutrition Month to the agenda.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner Eugene James.<br />
Motion Passed Unanimously.<br />
Motion:<br />
Motion to approve the agenda as amended with the addition of the Proclamation for March<br />
to be National Health Month.<br />
Motion made by Commissioner Eugene James.<br />
Motion seconded by Commissioner Melvin McLawhorn.<br />
Motion Passed Unanimously.<br />
Approval of the Community Transportation Coordinator Position Scott Elliott<br />
Information Provided with the Agenda<br />
At their January 27, <strong>20</strong>06 meeting the <strong>Pitt</strong> Area Transit System (PATS) Board voted to<br />
prepare and submit NCDOT's Community Transportation Program (CTS) grant assistance<br />
application for <strong>20</strong>06<strong>20</strong>07. This application will allow PATS to continue to receive money to fund<br />
a full time equivalent (FTE) position, Transportation Coordinator. This is 85% State funded and<br />
15% locally funded. This funding is currently in place for this fiscal year even though this position<br />
is vacant. Position will be a grade 67. This position would answer to the Deputy <strong>County</strong><br />
Manager/Community Services as well to the PATS Board.<br />
This position is being proposed to be made a <strong>County</strong> position because the PATS board<br />
has had difficulty keeping it filled. Currently, the position does not offer benefits because there is<br />
not formal personnel structure, that enables this to happen. It is believed that by having this as a<br />
permanent position within <strong>County</strong> government, this will lend more stability to keeping the position<br />
filled.<br />
At this point in time, the PATS Board is providing the 15% local match. I would<br />
recommend that the <strong>County</strong> consider funding this match as a part of the FY 0607 budget<br />
process.<br />
Staff Recommendation<br />
Approve establishing a Transportation Coordinator position as a county employee, that<br />
will be recruited immediately.<br />
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2
<strong>Meeting</strong> Notes<br />
Chairman Garris said the position, if approved, will be put in this year’s budget and will<br />
need to be budgeted for next year. Mr. Elliott stated there is a need to bring this position under<br />
the oversight of county government. There will not need to be any additional county funding<br />
needed for the position during this fiscal year. The PATS system provide the 15% match for the<br />
transportation grant which is currently funded this year. The position will report to Mr. Bulow and<br />
himself as well as PATS board. He recommended the county pay 15% of salary as match starting<br />
July 1.<br />
Motion:<br />
Approve establishing a Transportation Coordinator position as a county employee, that<br />
will be recruited immediately.<br />
Motion made by Commissioner John Minges.<br />
Motion seconded by Vice Chairman Beth Ward.<br />
Commissioner Hammond apologized for being late. He apologized to the Manager and<br />
office staff for his behavior last Thursday and would be better in the future.<br />
Motion Passed Unanimously.<br />
Public Addresses to the Board<br />
<strong>Meeting</strong> Notes<br />
· Nancy Colville spoke about the proposal from MGT of America that addresses funding<br />
problems for local governments and school boards. She suggested her support of an<br />
audit of the schools. She said this report would give the board as well as the public a<br />
better understanding the issues and the system. She supported spending the $65,000<br />
for this audit.<br />
· Ann Baker, sister and aunt of Faulkner family, spoke to the right of people to work in<br />
America. She spoke concerning the Silver Bullet club and felt their rights had been<br />
violated the way the ordinance was passed concerning Sexually Oriented Businesses.<br />
This club provided the income for the Faulkner’s family and they were told they would be<br />
grandfathered in under this ordinance. She stated that this club had been run as<br />
Gentlemen’s Club for <strong>20</strong> years and now the county has shut it down. The county has<br />
taken his income away and the ordinance was pushed in. She spoke of her brother’s<br />
health problems and current medical expenses. She said her brother and his wife are<br />
being deprived of an income since the business has closed. She quoted the law<br />
concerning a person’s constitutional right to earn a living and that they should not be<br />
denied or deprived the right to earn a living. She asked that the board take the<br />
Faulkner’s situation into consideration and please amend the ordinance so they can reopen<br />
the club.<br />
· James Faulkner spoke in reference to his parents’ situation. He said his Grandfather<br />
built the building in the 1960s that was run as an adult theater and in 1980 it was<br />
changed over to an adult club. He stated that the people who moved in across the street<br />
did so knowing what kind of establishment the Silver Bullet was across from them. No<br />
one was forced to go in the Silver Bullet. There were untruths spoke in court in<br />
December in reference to the Silver Bullet.<br />
· Erma Godwin stated she worked at the Silver Bullet and took the job so she didn't have<br />
to be on welfare. It was her choice to make a living this way. She said closing this club<br />
is hurting a lot of older people. Everybody should visit the club one time. She stated<br />
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3
there was more on television or going on downtown than at this club. It’s a nice place to<br />
go sit, drink a beer, enjoy the music and girls. She said that people may not touch the<br />
girls. She said this is hurting her and her sister. She said there is nothing going on in<br />
the parking lots and she knows because she lives in the first house as you turn in<br />
driveway. She asked the board to reconsider this situation.<br />
· Linda Faulkner, speaking for herself and her husband Earl, said they have run the club<br />
(Silver Bullet) for <strong>20</strong> years, worked together 40 years. She said her husband has recently<br />
had a stroke and has been having major health problems. She said her son Scott and<br />
sisters work there and this is their only income. The doctor said her husband was losing<br />
weight because of worrying about the closing of the club. Her son has lost about<br />
everything including his truck and house because we can't pay the bills. She asked the<br />
board to reconsider the ordinance again.<br />
· T.L. Bryant spoke in support of leaving the confederate monument at the courthouse. He<br />
said he was the Commander of the Captain JCS Barnes Camp Sons of the Confederate.<br />
He said this monument is not different from the historical value of a cemetery. He asked<br />
what was next because there are similar monuments in almost every southern town. He<br />
spoke about contributions that have been made over the years by different segments of<br />
the population (black, white and Indians) and how they have been memorialized. Black<br />
confederate soldiers are a casualty of the war. He made comments about the different<br />
people who served during the Civil War. He stated that removing the Confederate<br />
Monument was removing a tribute to black, native and white Americans.<br />
· Gary Nobles expressed concern that the county could shut down a business that has<br />
been operating for <strong>20</strong> years or more. He said his business was not initially welcomed but<br />
he was worried about everyone having a right to work. He has a tattooing business that<br />
opened in 1990.<br />
· Nicole Della Pena said she was an employee at the Silver Bullet for four years. The<br />
Faulkners have been like a second family. The club is not what people might think. She<br />
said she has worked for other clubs where she left quickly because of what was going on.<br />
She said they knew the people that come in at the Silver Bullet. She said she is waiting<br />
for the day of when they open back up.<br />
· John Harris spoke in support of the reopening of the Silver Bullet Club which he has been<br />
going to since 1995. He said his problem was he did not understand why they were not<br />
grandfathered in. He offered his support of the Silver Bullet.<br />
Chairman Garris asked if anyone else wished to speak. He then asked people who were<br />
present in support of the Silver Bullet to stand. There were approximately 15<strong>20</strong> people present.<br />
He thanked them for being present.<br />
Commissioner Bowen said he has known the Faulkner family since 1960. They are a<br />
good family. He said they got caught up in the changes because and of what the other clubs<br />
were doing. There should be something the county can do for them. Chairman Garris said the<br />
board does not normally respond to the public addresses. Commissioner Hammond said this<br />
situation should be revisited. He offered a motion to revisit this issue. Chairman Garris said this<br />
matter which includes the Silver Bullet is in litigation presently and the board is not authorized to<br />
act on this matter at this time.<br />
· Donald Collins, a Professor Emeritus at ECU, but was not representing the university. He<br />
said he was against the removal of the Confederate monument. He said this matter is<br />
misunderstood. He said one man’s hero is another man’s villain. He said the Buffalo Soldier<br />
nor the Black Soldier was fighting for national policy but were there for other reasons. He<br />
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said his ancestors were from <strong>Pitt</strong> <strong>County</strong> and this statue was a way to honor the contributions<br />
of his family during the Civil War. It would be a disservice to remove the monument. He<br />
suggested a compromise and noted that there were two units of black union soldiers from<br />
North Carolina. If they want to compromise, they could put a monument up for the black<br />
soldiers that were from North Carolina. He said there should not be any objection to honoring<br />
anyone.<br />
· Ozzie Hall, resident of <strong>Pitt</strong> <strong>County</strong>, said that any monument on the courthouse lawn is<br />
inappropriate. He provided prepared remarks for the board. He said he’s not asking for the<br />
monument be torn down but moved to a museum, a confederate battlefield or a more<br />
appropriate place. He requested that the monument be removed from the courthouse. He<br />
asked for the board to adopt an ordinance requiring the removal of the Confederate<br />
monument at the courthouse. He said in 1914 <strong>Pitt</strong> <strong>County</strong> dedicated a monument referred to<br />
as the “Hero’s of 18611865… Our Confederate Dead.” He spoke about slavery, racism,<br />
equality for Black People, in a white supremacist system. In wrapping up he stated that<br />
“Ninetytwo (92) years later, in <strong>20</strong>06 we embark on the revitalization of West Greenville and<br />
the Center City Greenville and profess to embrace ‘Diversity’ and denounce racism let us<br />
remove from the public display, located on the grounds of the <strong>Pitt</strong> <strong>County</strong> Courthouse the<br />
Trophy that so proudly immortalizes the Soldiers who fought so diligently to keep my people<br />
in slavery and under the bonds of oppression.” He asked that the board place this on the<br />
agenda for the March 13 th board meeting.<br />
· Jimmy Ward, a retired Marine and native North Carolinian, said that the way veterans receive<br />
recognition is by memorials or monuments. A monument provides a lasting memory. There<br />
has been a trend that started in the early 90s and working its way across the country to<br />
sanitize history by removing such monuments or memorials. He stated that when solders<br />
from the southern states return from serving the US, they are told that they have to change<br />
because of intolerance. He stated this is a disrespectful slap in the face and he fears this<br />
trend will claim monuments honoring WWII vets. He spoke of his service in wars for this<br />
country as well as others service. He gave examples of other wars, service and stated that<br />
all the soldiers were Americans and should be treated as such. He said this is just one<br />
example of the complete history of this country. He asked the board to leave the<br />
Confederate monument in place where its been for the last 100 years.<br />
· Enoch Read lifelong resident of Greenville, said he not want to see the Confederate<br />
monument disturbed in any way. It was dedicated and placed by citizens of <strong>Pitt</strong> <strong>County</strong> in<br />
1914. He said the county raised this money in 1909 during tough financial times and yet still<br />
felt soldiers that gave the ultimate sacrifice deserved to be remembered and honored. Time<br />
does not diminish bravery and valor when they gave their all for <strong>Pitt</strong> <strong>County</strong> and North<br />
Carolina. The state of North Carolina voted down the succession twice before giving soldiers<br />
to this war. North Carolina gave more soldiers and had more killed in the war than any other<br />
confederate states including whites and free blacks. He noted that the Minority Voice had<br />
honored those men recently in their paper. These men should be honored and remembered<br />
by scholars and historians. He said we need to continue to honor veterans past and present.<br />
· Brenda Harris said she was speaking for Rosa Parks memory for a level playing field. She<br />
spoke of a lady’s tax foreclosure. She said Ms. Suggs lives in Mr. Bowen’s district and has a<br />
$4,000 lot and an $81,000 building and it doesn’t add up. She stated that an larger<br />
percentage of county foreclosures are done on African Americans. She spoke about some<br />
laws working for some and not others. She spoke about some tax debts that Stanley Nichols<br />
has for taxes due for seven years. She stated that Ms. Suggs property has been overvalued<br />
at $81,000. She said she wants a special study of the remind system and the deed of trust<br />
on the piece of property and asked for a private session with the board.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
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· Keith Cooper spoke of the Confederate statue at the courthouse is a relic representing<br />
slavery, racial oppression and exploitation. It was erected during 1914 during segregation.<br />
He said removal of the statue would help promote fairness and justice since blacks are<br />
disproportionally represented as defendants at the courthouse. He asked why public money<br />
should sustain this monument. He questioned the message that the monument sends to<br />
children. He continued to speak about racism and said some people argued that confederate<br />
soldiers should have been punished for committing treasonous acts against the United<br />
States. He spoke on past presidents and their statements. He asked that the board consider<br />
taking the statue down today.<br />
Chairman Garris asked to have those who support the removal of the Confederate<br />
monument to stand. Approximately seven people stood. He then asked for those who were not<br />
in favor of removing the monument to stand. Approximately somewhere over fifty people stood in<br />
support of leaving the monument at the courthouse.<br />
Chairman Garris called for a short break. The meeting was then continued with<br />
additional public comments concerning the Greenway proposal.<br />
· Bill Klepfer, from the Sierra Club which has 500 members in <strong>Pitt</strong> <strong>County</strong>, spoke in strong<br />
support of the proposed Greenway stating it would add to the quality of life for <strong>Pitt</strong> <strong>County</strong><br />
residents. He spoke about this being an opportunity to implement an economical plan of this<br />
kind.<br />
· Barney Kane, lives in Greenville and worked on the master plan. He commended the board,<br />
James Rhodes and the East Carolina University professors who developed this plan. He<br />
spoke about it being a great money savings device and how NCDOT incorporates bridges in<br />
these greenways. He came from a rapidly growing county in Florida and states that there<br />
needs to be plans for pedestrian travel. He urged the board to adopt this because it will save<br />
money down the road and for the health of the citizens of <strong>Pitt</strong> <strong>County</strong>.<br />
· Chris Mansfield, ECU physician in the field of Community Medicine, spoke to the health<br />
benefit of the greenway plan. He said they are doing all they can for people in medicine but<br />
they need some help. He said this would or could engage the community and get people<br />
active and walking. He said that adopting this plan opens opportunities and creates a vision<br />
for children, grandchildren, and others to make <strong>Pitt</strong> <strong>County</strong> a healthier place to be. He<br />
praised James Rhodes for teaming up with ECU and students to come up with this plan. He<br />
spoke about this being a tremendous partnership.<br />
· Ephraigm Smith, serves on <strong>Pitt</strong> <strong>County</strong>’s Drainage District #3, provided a statement from the<br />
drainage district. He expressed concern about the part of the plan that shows using<br />
easements for laterals in the districts and he stated he was not sure they could be used for<br />
this purpose. They were set up for maintenance and cleaning out ditches. There’s concern<br />
about using these travel ways. He said that after the big storm, they have to clean the<br />
ditches. He was concerned about who will accept the liability if someone steps off the<br />
greenway and gets injured. All the chairmen of the drainage districts voted unanimously to<br />
oppose the use of these laterals for the greenway. He stated that they get mowed every two<br />
years so the is very high grass. They are used for hunting and who is going to take<br />
responsibility to make sure no one is on them during hunting season. There are too many<br />
unanswered questioned to sign off on using the laterals in this way. Greenways are nice but<br />
they need to look at other ways than using the travel ways down these ditches.<br />
Presentation<br />
<strong>Pitt</strong> <strong>County</strong> Environmental Excellence Award Presentation James Rhodes<br />
Information Provided with the Agenda<br />
6<br />
3/9/<strong>20</strong>06 2:27 PM
In <strong>February</strong>, <strong>20</strong>04, <strong>Pitt</strong> <strong>County</strong> implemented the Environmental Excellence Award<br />
Program to recognize developers who excel in the installation and maintenance of best<br />
management practices while conducting land disturbing activities under the <strong>County</strong>'s Soil Erosion<br />
and Sedimentation Control Ordinance. In determining the recipient of the award, points are<br />
assigned based on preserving the environmental features of the site during the project design,<br />
installation of best management practices (BMP's), and consistently maintaining the site for<br />
compliance with the Soil Erosion and Sedimentation Control Ordinance.<br />
The <strong>Pitt</strong> <strong>County</strong> Planning Department is proud to present the <strong>20</strong>05 Environmental<br />
Excellence Award to the S.T. Wooten Corporation and Bartlett Engineering and Surveying for<br />
their exceptional effort in designing and constructing the S.T. Wooten Concrete Plant located on<br />
Forlines Road, near its intersection with Highway 11. Construction began on this site in April.<br />
During the five months of construction, the site was inspected a total of ten times. This site<br />
consistently received exceptional scores during all phases of construction.<br />
Representatives from the S.T. Wooten Corporation and Bartlett Engineering and<br />
Surveying will be accepting this award at the <strong>February</strong> <strong>20</strong>, <strong>20</strong>06, Board of Commissioners<br />
meeting. In addition, a sign acknowledging the award has been placed at the S.T. Wooten<br />
Concrete Plant site.<br />
Staff Recommendation<br />
Acknowledge the S.T. Wooten Corporation and Bartlett Engineering and Surveying as<br />
the recipient of <strong>Pitt</strong> <strong>County</strong>'s <strong>20</strong>05 Environmental Excellence Award.<br />
<strong>Meeting</strong> Notes<br />
Mr. James Rhodes said this is an annual event which started last year. They recognize<br />
developers, contractors and engineers that follow best management practices while conducting<br />
land disturbing activities under the county’s Soil Erosion and Sedimentation Program. The plans<br />
are ranked or scored by staff by making site visits. The EEAP award winners are recognized in<br />
the <strong>County</strong> Page of the Daily Reflector, display of accomplishments on the Planning<br />
Department’s web page, a plaque and a sign is posted on the development site citing their<br />
accomplishment. Mr. Jonas Hill said there were thirtytwo new plans that were reviewed and<br />
were eligible.<br />
award.<br />
From January 1, <strong>20</strong>05 to December 31, <strong>20</strong>05<br />
32 new plans were submitted to the Planning Department and were eligible for this<br />
– These sites included 250 disturbed acres.<br />
– Planning Staff conducted 1094 site visits to ensure compliance and to rate the<br />
site for the Environmental Excellence Award.<br />
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<strong>20</strong>05 Environmental Excellence Award<br />
Winner<br />
Congratulations to S.T. Wooten Corporation and Bartlett<br />
Engineering and Surveying for their exceptional effort in<br />
designing and constructing the S.T. Wooten Concrete<br />
Plant located on Forlines Road, near its intersection with<br />
Highway 11.<br />
Mr. Robert Bartlett, said this speaks highly on the staff and how they keep<br />
communication open on permitting a project. He said the helped with the project and saw to<br />
helping with the erosion control. He complemented the contractor and developer, ST Wooten<br />
who was the designer on the project and stated that its one thing to design a project but to stay<br />
with it through all the stages takes a lot of work. He thanked the board and staff for this award.<br />
Commissioner Hammond said they hired a part time employee of his and hope he’s<br />
doing well. Chairman Garris thanked these companies and individuals for setting a good<br />
corporate example.<br />
Public Hearings<br />
<strong>20</strong>06 Community Development Block Grant (CDBG) Scattered Site Housing Public Hearing Lori<br />
Hartsfield<br />
Information Provided with the Agenda<br />
As you may recall, the Board closed out the <strong>20</strong>03 Community Development Block Grant<br />
(CDBG) last month. Planning staff members are currently gathering information, and conducting<br />
required meetings and public hearings to make application for the <strong>20</strong>06 Community Development<br />
Block Grant (CDBG) Scattered Site Housing (SSH) funding cycle.<br />
The purpose of this public hearing is to solicit public input about the grant program and to<br />
gain the Board's permission to prepare the grant application. A second public hearing is<br />
scheduled for March 13, <strong>20</strong>06, to review the grant application and solicit the Board's approval to<br />
submit the document for funding consideration by the NC Division of Community Assistance.<br />
The anticipated funding level for the <strong>20</strong>06 grant cycle is $400,000. No <strong>County</strong> match is<br />
required.<br />
Staff Recommendation<br />
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Authorize staff to prepare the <strong>20</strong>06 Community Development Block Grant (CDBG)<br />
Scattered Site Housing (SSH) application.<br />
Manager Comments<br />
<strong>Meeting</strong> Notes<br />
Concur with staff recommendation.<br />
Ms. Lori Hartsfield presented the CDBG Scattered Site Housing Program. This program<br />
is designed for lowincome homeowner occupants and based on severity of repairs needed. She<br />
said the upcoming funding cycle includes $360,000 to rehabilitate or replace approximately seven<br />
(7) homes in <strong>Pitt</strong> <strong>County</strong>. There is no local match required. There is a waiting list of 165 eligible<br />
applicants but they will only be able to serve about 7 homes. They will continue the partnership<br />
with NC Baptist Men in order to spread the funding. They have held all the required meetings.<br />
Project Schedule<br />
• <strong>February</strong> <strong>20</strong> th – Hold public hearing to solicit<br />
public input on CDBGSSH program.<br />
•March 13 th – Hold public hearing on completed<br />
CDBGSSH application.<br />
•March 31 st – Submittal deadline for application.<br />
•Late Spring <strong>20</strong>06 – Funding award notification.<br />
•Fall <strong>20</strong>06 – Begin construction activities.<br />
Chairman Garris opened the public hearing. No one spoke. Chairman Garris declared<br />
the public hearing closed.<br />
Motion:<br />
Authorize staff to proceed and prepare the <strong>20</strong>06 Community Development Block Grant<br />
(CDBG) Scattered Site Housing (SSH) application.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner Melvin McLawhorn.<br />
Discussion:<br />
Commissioner James said this is only for seven homes for $400,000. He felt more could<br />
or should be done with these funds. Commissioner James said this equates to $57,000<br />
per home. Ms. Hartsfield said they may be able to do more using the Baptist Men but this<br />
is just an estimate for the application. Commissioner James said the <strong>County</strong> should get<br />
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9
as much for the money and provide as much help as possible. Mr. Rhodes said they have<br />
been doing more homes than their estimates but they are better to under estimate the<br />
projects than over estimate them. Commissioner James said they spent more last time.<br />
Mr. Rhodes said these were stick built homes that they would be working on.<br />
Commissioner Hammond asked where these homes were located. Mr. Rhodes said they<br />
are scattered sites in the county. Commissioner Hammond asked about extending the<br />
sewer on Pug Moore Road. Mr. Rhodes said they do not have funding for that yet but they<br />
have treated two homes on Pug Moore Road.<br />
Motion Passed Unanimously.<br />
Proposed Amendments to the Flood Damage Prevention Ordinance Stephen Smith<br />
Information Provided with the Agenda<br />
Attached are proposed Flood Damage Prevention Ordinance amendments with staff<br />
commentary for consideration at the Board's <strong>February</strong> <strong>20</strong>, <strong>20</strong>06 public hearing (See Attachment<br />
1). The Planning Board held a public hearing on January 18, <strong>20</strong>06, and unanimously<br />
recommended adoption of the proposed amendments to the <strong>Pitt</strong> <strong>County</strong> Flood Damage<br />
Prevention Ordinance. The public hearing has been advertised and the amendments have been<br />
distributed to local surveyors/engineers and local municipalities for review and comment (See<br />
Attachment 2 and 3).<br />
The primary purposes for the amendments are to clarify enforcement of the <strong>County</strong>'s<br />
"freeboard requirement", specifically for manufactured homes.<br />
The ordinance is a requirement for the <strong>County</strong>'s participation in the National Flood<br />
Insurance Program (NFIP). The purpose of this program is to make federallybacked flood<br />
insurance available in communities that agree to adopt and enforce floodplain management<br />
ordinances to reduce future flood damage. As you may be aware, the <strong>County</strong> also enforces its<br />
Flood Damage Prevention Ordinance in Ayden, Bethel, Falkland, Fountain, Grifton, Grimesland,<br />
Simpson and Winterville.<br />
Staff Recommendation<br />
Following the public hearing, adopt the proposed <strong>Pitt</strong> <strong>County</strong> Flood Damage Prevention<br />
Ordinance amendments with an immediate effective date.<br />
Manager Comments<br />
Concur with staff recommendation to amend the Flood Damage Prevention Ordinance.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
10
<strong>Meeting</strong> Notes<br />
Mr. Stephen Smith said there are two amendments that are brought to the board to clarify<br />
requirements. He presented the changes as provided in the agenda package to the Definition<br />
11<br />
3/9/<strong>20</strong>06 2:27 PM
Section: Section 434 and the General Standard Section: Section 497. He stated if the board<br />
adopts these changes, staff will notify each of the municipalities. He noted that the Planning<br />
Board supports these amendments.<br />
The Public Hearing was opened by Chairman Garris. No one addressed the board.<br />
Chairman Garris declared the public hearing closed.<br />
Commissioner James asked if these changes addressed the concerns from J.T. Williams<br />
who appeared before the board a couple of years ago. Mr. Smith said these changes would<br />
address his concerns. These changes are countywide and the municipalities have signed on to<br />
them. FEMA still requires two feet above floodplain.<br />
Motion:<br />
Following the public hearing, the board adopted the proposed <strong>Pitt</strong> <strong>County</strong> Flood Damage<br />
Prevention Ordinance amendments with an immediate effective date.<br />
Motion made by Commissioner David Hammond.<br />
Motion seconded by Vice Chairman Beth Ward.<br />
Motion Passed Unanimously.<br />
Public Hearing for the <strong>Pitt</strong> <strong>County</strong> Zoning Ordinance Amendments James Rhodes<br />
Information Provided with the Agenda<br />
Attached are proposed Zoning Ordinance amendments with staff commentary for<br />
consideration at the Board's <strong>February</strong> <strong>20</strong>, <strong>20</strong>06 public hearing (See Attachment 1). The Planning<br />
Board held a public hearing on January 18, <strong>20</strong>06, and unanimously recommended adoption of<br />
the proposed amendments to the <strong>Pitt</strong> <strong>County</strong> Zoning Ordinance. The public hearing has been<br />
advertised and the amendments have been distributed to local surveyors/engineers for review<br />
and comment (See Attachment 2 and 3).<br />
The primary purposes for the amendments are for clarification and consistency purposes,<br />
or to address particular items of concern that have developed over the last year of enforcement.<br />
Additionally, several amendments are proposed to accommodate two major bills passed by the<br />
North Carolina General Assembly that became effective on January 1, <strong>20</strong>06.<br />
Zoning Ordinance<br />
Proposed Amendments<br />
The attached draft amendments to the <strong>Pitt</strong> <strong>County</strong> Zoning Ordinance are<br />
recommended for clarification and consistency purposes, or they address<br />
particular items of concern that have developed over the last year of<br />
enforcement. The proposed amendments will be presented for approval<br />
according to the following schedule:<br />
• October 19, <strong>20</strong>05 – Present draft amendments to Planning<br />
Board<br />
3/9/<strong>20</strong>06 2:27 PM<br />
12
• November 16, <strong>20</strong>05 – Present additional draft amendments to<br />
reflect newly adopted planning legislation.<br />
• January 4, <strong>20</strong>06 – Send out draft amendments for public<br />
comment.<br />
• January 18, <strong>20</strong>06 – Planning Board Public Hearing<br />
• <strong>February</strong> <strong>20</strong>, <strong>20</strong>06 – BCC Public Hearing<br />
Amendments:<br />
1. Amend/add the following uses to the Permitted Use Table:<br />
51 <strong>Pitt</strong> <strong>County</strong> Table of Permitted Uses<br />
Ref.<br />
R<br />
A<br />
R<br />
R<br />
Zoning Districts<br />
R4 S MF<br />
0 R R<br />
Use Type<br />
SIC<br />
LI<br />
WHOLESALE TRADE<br />
Motor Vehicles 5012 Z Z<br />
Plumbing and Heating Equipment 5070 Z Z Z<br />
TRANSPORTATION, WAREHOUSING<br />
AND UTILITIES<br />
Utility Related Appurtenances, Substation 0000 D D D D D Z Z Z<br />
G<br />
C<br />
G<br />
I<br />
2. Amend Section 6.4.2(1) as follows:<br />
1. Access to Public Road Required: No building or structure shall be<br />
constructed, erected, or placed on a lot that does not abut and have direct<br />
access to a publicly maintained road or to an approved private road, except<br />
as provided in this Section. Buildings or structures constructed, erected, or<br />
placed on a lot that is exempt from the subdivision definition are not subject<br />
to these requirements.<br />
Explanation: Exempt subdivisions will still be required to meet all minimum lot size<br />
requirements prior to the granting of any zoning, building, or health<br />
department permits.<br />
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13
3. Amend Section 7.4 Highway Corridor Overlay Requirements as shown:<br />
7.4 Highway Corridor Overlay Requirements<br />
The Highway Corridor Overlay District, as described in Section 4.3.3, is<br />
established to provide specific appearance and operational standards for<br />
specifically designated highway corridors while accommodating development<br />
along the corridors. Singlefamily residences on individual lots are exempt from<br />
the requirements of this Section. All other uses in the Highway Corridor Overlay<br />
District (HC) shall require site plan approval from the Zoning Administrator. All<br />
other requirements of the underlying zoning districts shall also apply, with the<br />
more stringent regulations prevailing when standards conflict.<br />
7.4.1 Procedures<br />
1. The applicant shall submit a site plan of the parcel and the proposed<br />
use to the Zoning Administrator. The Planning Director Zoning<br />
Administrator shall review the site plan in accordance with the<br />
provisions of this Section. Approval of the site plan and the<br />
proposed uses by the Planning Director Zoning Administrator<br />
authorizes the issuance of a zoning permit. For those uses that<br />
require a special use permit or a conditional use permit, the site plan<br />
shall be approved by the Board of Adjustment or Board of<br />
Commissioners, respectively.<br />
2. Permits are issued at each phase of development and only in<br />
accordance with the approved site plan.<br />
3. If a site plan was approved and a use permit was issued for the<br />
development of a lot or lots, no subsequent change or expansion<br />
which was not shown on the site plan shall be allowed unless also<br />
approved by the Planning Director Zoning Administrator.<br />
Explanation: Change “Planning Director” to “Zoning Administrator” for consistency<br />
purposes.<br />
4. Amend Section 6.4.1(3) General Lot Requirements as underlined<br />
below:<br />
3. Two or More Singlefamily Dwellings on a Single Tract: Two or<br />
more principal singlefamily residences are permitted on a single,<br />
unsubdivided tract pursuant to a site plan approved by the Planning<br />
Director Zoning Administrator, provided that the tract contains<br />
sufficient lot area, lot width, and building setbacks for each dwelling.<br />
Location of the dwellings on the single tract shall be such that, in the<br />
event that the tract is subdivided, each dwelling unit will be situated<br />
3/9/<strong>20</strong>06 2:27 PM<br />
14
on a freestanding lot that meets all of the dimensional requirements<br />
for the district in which located.<br />
Every principal residential structure shall be situated on a buildable<br />
lot that contains the minimum lot area, lot width, and building<br />
setbacks that are required for the zoning district in which located. A<br />
site plan, submitted to and approved by the Planning Director<br />
Zoning Administrator, shall be required whenever two or more<br />
principal structures are proposed to be located a single parcel or<br />
tract.<br />
Explanation: Change “Planning Director” to “Zoning Administrator” for consistency<br />
purposes.<br />
5. Amend Section 8.<strong>20</strong> as underlined below:<br />
8.<strong>20</strong> Contractors, General Building and Contractors, Special Trade<br />
8.<strong>20</strong>.1 Where Required<br />
3/9/<strong>20</strong>06 2:27 PM<br />
RA and GC districts.<br />
8.<strong>20</strong>.2 Use Separation<br />
8.<strong>20</strong>.3 Dust<br />
8.<strong>20</strong>.4 Noise<br />
Fifty feet minimum from any property line; three one hundred feet<br />
minimum from any residence.<br />
All unpaved areas shall be maintained in a manner that prevents dust<br />
from leaving the property.<br />
Equipmentproducing noise or sound in excess of 70 decibels shall be<br />
located no closer than 100 feet to the nearest residence.<br />
8.<strong>20</strong>.5 Security Fencing<br />
Security fencing, a minimum of 6 feet in height, shall be provided around<br />
all outside storage areas.<br />
8.<strong>20</strong>.6 Screening<br />
Any outdoor storage area shall be screened from an abutting<br />
residentiallyused or zoned lot by a buffer yard which complies with the<br />
requirements of Section 10.8.<br />
15
Explanation: A 300 foot separation was deemed to be excessive for this type of use.<br />
6. Amend Section 8.54 as underlined below:<br />
8.54 Mining, Quarrying, Sand Pits, and Mineral Extraction<br />
8.54.1 Where Required<br />
RA district.<br />
8.54.2 Use Separation<br />
1. The edges of any pit where a mining operation is taking place and<br />
any equipment used in the processing of rock and gravel, any<br />
asphalt plant, or other industrial uses operated in conjunction with<br />
the mine or quarry shall be located at least 300 100 feet from any<br />
property line.<br />
2. Where the mining operation site is bounded by a railroad rightofway<br />
currently being used for rail service to the mining operation, no<br />
setback shall be required between the railroad rightofway and<br />
such operation.<br />
8.54.3 Hours of Operation<br />
All operations involving blasting discernible beyond the external property<br />
line on a quarry shall only be conducted between the hours of 7:00 a.m.<br />
and 6:00 p.m.<br />
8.54.4 Mining Permit<br />
A valid stateissued mining permit must be obtained.<br />
8.54.5 Screening<br />
Screening shall be provided in accordance with the requirements of<br />
Section 10.8. However, if a berm is determined to be an adequate<br />
alternative screening method as provided for in Section 10.8, the<br />
minimum height of the berm shall be six feet.<br />
Explanation: Planning staff has conducted research and determined that 300’ is an<br />
excessive setback for a mining operation. Several surrounding<br />
communities require a minimum setback of 100’. The Land Quality<br />
Division of NCDENR does not have a specific minimum distance, however<br />
they recommend nothing less than 50’.<br />
7. Amend Section 8.62 as underlined below:<br />
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16
8.62 Private Club or Recreation Facility, Other; Public Park or Recreational<br />
Facility, Other<br />
8.62.1 Where Required<br />
3/9/<strong>20</strong>06 2:27 PM<br />
Private Club or Recreational Facility, Other: RA, RR, R40, SR, and MFR<br />
districts.<br />
Public Park or Recreational Facility, Other: RA, RR, R40, SR, MFR, and<br />
LI districts.<br />
8.62.2 Hours of Operation<br />
8.62.3 Noise<br />
The hours of operation allowed shall be compatible with the land uses<br />
adjacent to the facility.<br />
The amount of noise generated shall not disrupt the activities of the<br />
adjacent land uses.<br />
8.62.4 The Board of Adjustment Zoning Administrator shall not grant the permit<br />
unless it he finds that the parking generated by the facility can be<br />
accommodated without undue disruption to or interference with the<br />
normal flow of traffic or with the right of adjacent and surrounding property<br />
owners.<br />
8.62.5 Location<br />
Principal access must be from a collector or higher capacity road for any<br />
facility greater than 3 acres in size that generates an average daily traffic<br />
volume of over <strong>20</strong>0 or more trips per day.<br />
8.62.6 Screening<br />
Parking lots and outdoor storage areas shall be screened from adjoining<br />
singlefamily residential uses by a buffer yard. The required buffer yard<br />
shall comply with requirements of Section 10.8.<br />
8.62.7 Security Fencing<br />
Outdoor swimming pools shall be protected by a fence in accordance with<br />
the <strong>Pitt</strong> <strong>County</strong> Health Department’s public pool regulations.<br />
Explanation: The text incorrectly states that the Board of Adjustment grants the permit<br />
for this use. The Zoning Administrator grants the permit<br />
8. Amendments to Section 8.65 (Radio, Television, or Communication<br />
Tower Over 60 Feet in Height) as shown:<br />
17
8.65.6 Separation or Buffer Requirements<br />
For the purpose of this Section, the separation distances between towers<br />
shall be measured by drawing or following a straight line between the<br />
base of the existing or approved structure and the proposed base,<br />
pursuant to a site plan of the proposed tower. Tower separation<br />
distances from residentiallyzoned lands shall be measured from the base<br />
of a tower to the closest point of residentiallyzoned property. The<br />
minimum tower separation distances from residentiallyzoned land and<br />
from other towers shall be calculated and applied irrespective of county<br />
jurisdictional boundaries.<br />
1. Towers shall be separated from all residentiallyzoned lands by a<br />
minimum of two hundred feet or two hundred percent of the height<br />
of the proposed tower, whichever is greater.<br />
2. Proposed towers must meet the following minimum separation<br />
requirements from existing towers or towers which have a<br />
conditional use permit zoning permit but are not yet constructed at<br />
the time a conditional use permit zoning permit is granted pursuant<br />
to this Section:<br />
(a)<br />
(b)<br />
(c)<br />
Monopole tower structures shall be separated from all other<br />
towers, whether monopole, selfsupporting lattice, or guyed,<br />
by a minimum of seven hundred and fifty feet.<br />
Selfsupporting lattice or guyed tower structures shall be<br />
separated from all other selfsupporting or guyed towers by a<br />
minimum of fifteen hundred feet.<br />
Selfsupporting lattice or guyed tower structures shall be<br />
separated from all monopole towers by a minimum of seven<br />
hundred and fifty feet.<br />
8.65.11 Stealth Design<br />
All towers which must be approved as a conditional use shall be of stealth<br />
design, i.e., designed to enhance compatibility with adjacent land uses,<br />
including, but not limited to, architecturally screened roofmounted<br />
antennas, antennas integrated into architectural elements, and towers<br />
designed to look other than like a tower such as light poles, power poles,<br />
and trees. The term stealth does not necessarily exclude the use of<br />
uncamouflaged lattice, guyed, or monopole tower designs.<br />
Explanation: This use does not require a Conditional Use Permit.<br />
9. Amend Section 8.70 as shown:<br />
8.70 Rural Family Occupation<br />
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18
8.70.1 Where Required<br />
RA, RR, and R40 districts.<br />
8.70.2 Minimum Area<br />
1. The Rural Family Occupation (RFO) must be located on a tract of 2<br />
acres or more.<br />
2. A portion of the tract containing at least 25,000 square feet with 100<br />
feet of width must be designated and reserved exclusively for<br />
residential use.<br />
8.70.3 Maximum Area<br />
The total floor area of all buildings occupied by the RFO shall not exceed<br />
5,000 square feet. The maximum land area that may be used in<br />
conjunction with the Rural Family Occupation is 15,000 square feet.<br />
8.70.4 Use Separation<br />
All operations of the RFO shall observe a 50foot setback from all<br />
property lines.<br />
8.70.5 Location<br />
All operations of the RFO shall be located behind the rear line of the<br />
building occupied as the principal residence.<br />
8.70.6 Screening<br />
All operations of the RFO, including buildings, outside storage areas, and<br />
parking shall be treated as a separate use and shall be screened in<br />
accordance with the requirements of Section 10.8.<br />
8.70.7 Environmental Review<br />
The <strong>Pitt</strong> <strong>County</strong> Environmental Health Division shall evaluate each RFO<br />
request to determine the occupation's impact on the surrounding area<br />
with respect to excessive noise, dust, air emissions, odors, and surface or<br />
groundwater discharge. The RFO shall mitigate the impact on these and<br />
other environmental concerns. A written evaluation of these potential<br />
impacts is required by the Environmental Health Division prior to the<br />
consideration of any request for an RFO.<br />
8.70.8 8.70.7 Operation<br />
1. The RFO shall be owned by the landowner who must reside on the<br />
property.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
19
2. No more than 5 persons shall be employed other than those<br />
residing on the property.<br />
3. Outside storage and parking of commercial vehicles is permitted.<br />
The applicant shall indicate on the site plan the type and location of<br />
outside storage and the location and proposed number of vehicles<br />
to be parked on the lot.<br />
4. The RFO shall not be operated between the hours of 9 p.m. to 6<br />
a.m.<br />
5. Permitted uses shall be limited to those products assembled or<br />
manufactured onsite for resale elsewhere, professional and<br />
business services, or stockintrade clearly incidental to such<br />
services. Commercial retail or wholesale operations that bring to<br />
the site goods specifically for the purpose of resale shall be<br />
prohibited.<br />
Explanation: Environmental Health does not evaluate RFOs and do not provide written<br />
evaluations of potential impacts such as excessive noise, dust, air emissions,<br />
odors, and surface or groundwater discharge.<br />
10. Section 8.0 Development Standards for Individual Uses Fix reference<br />
numbers in the following sections:<br />
• 8.17.3<br />
• 8.47.2<br />
• 8.48.3<br />
• 8.60.5<br />
• 8.65.2(9)<br />
• 8.65.3<br />
• 8.65.4(3)<br />
• 8.65.13<br />
• 8.65.14<br />
• 8.65.16(2)(a)<br />
• 8.65.16(2)(b)<br />
• 8.65.16(2)(c)<br />
Explanation: When the Zoning Ordinance was last amended, several mistakes were<br />
found in the section numbering in Section 8.0. These mistakes were fixed<br />
and several section numbers changed. The subsections listed above<br />
currently refer to the old numbers and need to be fixed for clarification<br />
purposes.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
<strong>20</strong>
11. Amend Section 8.88 as shown:<br />
8.88 Utility Related Appurtenances, Substations<br />
8.88.1 Where Required<br />
RA, RR, R40, SR, and MFR districts.<br />
8.88.2 Dimensional Requirements<br />
8.88.3 Noise<br />
All buildings shall be considered accessory buildings or structures.<br />
Equipmentproducing noise or sound in excess of 70 decibels shall be<br />
located no closer than 100 feet to the nearest residence.<br />
8.88.4 Security Fencing<br />
Security fencing, a minimum of 6 feet in height, shall be provided around<br />
hazardous operations, as determined by <strong>Pitt</strong> <strong>County</strong>, involved with the<br />
use.<br />
8.88.5 Screening<br />
Any outdoor storage area shall be screened from an abutting residentially<br />
used or zoned lot by a buffer yard, which complies with the requirements<br />
of Section 10.8.<br />
8.88.6 Dust<br />
All unpaved outdoor use areas shall be maintained in a manner that<br />
prevents dust from adversely impacting adjacent properties.<br />
Explanation: This reflects the change to the permitted use table. Utility Related<br />
Appurtenances may include other facilities besides substations such as<br />
water towers, lift stations, etc.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
21
12. Amend Section 10.4(c) Design Standards for Parking, Stacking and<br />
Loading Areas as follows:<br />
(c)<br />
Paving shall not be required for:<br />
(i)<br />
Parking facilities used on an irregular basis for churches, private<br />
clubs or other similar nonprofit organizations; or parking facilities for<br />
any use that operates on an irregular basis for no more than three (3)<br />
days per week.<br />
(ii) Parking facilities for residential uses where six or fewer spaces are<br />
required.<br />
(iii) Parking areas for agricultural uses.<br />
(iv) Parking areas in the GI, General Industrial District, provided they are<br />
constructed with an allweather surface.<br />
(v) Parking areas for tracked heavy construction equipment, skidmounted<br />
equipment and similar equipment, provided they are<br />
constructed with an allweather surface.<br />
Explanation: Planning staff has determined that the irregular nature of certain uses<br />
does not necessitate the same design and construction standards for<br />
parking areas as those uses that operate on a more regular basis.<br />
13. Section 15.4 Definitions Amend definition of “Subdivision” as<br />
follows:<br />
Subdivision. A subdivision shall include all divisions of a tract or parcel of land<br />
into two (2) or more lots, building sites, or other divisions for the purpose of sale<br />
or building development, whether immediate or future, and shall include all<br />
division of land involving the dedication of a new road or change in existing<br />
roads; however, the following is not included within this definition and is not<br />
subject to the regulations prescribed by this chapter:<br />
(1) The combination or recombination of portions of previously subdivided<br />
and recorded lots if the total number of lots is not increased and the<br />
resultant lots and required supporting infrastructure (including streets,<br />
utilities, open space, and recreation areas) are equal to or exceed the<br />
standards of the county as required in this chapter;<br />
(2) The division of land into parcels greater than ten acres if no road rightofway<br />
dedication is involved;<br />
(3) The public acquisition by purchase of strips of land for widening or<br />
opening roads;<br />
22<br />
3/9/<strong>20</strong>06 2:27 PM
(4) The division of a tract in single ownership, the entire area of which is no<br />
greater than two acres into not more than three lots, if no road rightofway<br />
dedication is involved and if the resultant lots and required<br />
supporting infrastructure (including streets, utilities, open space, and<br />
recreation areas) are equal to or exceed the standards contained in this<br />
chapter; or<br />
(5) The division of a tract among the heirs of a deceased person, where no<br />
person other than an heir receives any of the property at the time of the<br />
division.<br />
(6) The division of land by any method of transfer from a grantor to a grantee<br />
(or grantees) who is a member of the grantor's immediate family, solely<br />
for the residential use of the grantee (or grantees). For the purposes of<br />
this section, the term "immediate family" shall include only direct lineal<br />
descendants (children and grandchildren) and direct lineal ascendants<br />
(father, mother, grandfather, and grandmother).<br />
Exemption With the exception of Section 6.4.2 Road Access<br />
Requirements, exemption of a partition of land from the definition of<br />
‘subdivision’ shall not exempt any resulting lots, tracts or parcels from<br />
meeting the requirements of this Article for the granting of zoning,<br />
building, or health department permits.<br />
Explanation: These proposed changes are to make the Zoning Ordinance’s definition of<br />
“subdivision” consistent with the definition as found in the <strong>Pitt</strong> <strong>County</strong><br />
Subdivision Ordinance.<br />
The <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance was amended on November 15,<br />
<strong>20</strong>04 to include Family Exemptions under the definition of “subdivision”.<br />
The change to subsection 6 reflects the change in definition.<br />
Amendment to the last paragraph reflects the change in Section 6.4.2 to<br />
preclude exempt subdivisions from the road access requirements.<br />
14. Section 15.4 Definitions – Add definition of “Utility Related<br />
Appurtenance” as follows:<br />
Utility Related Appurtenance. A detached subordinate facility or structure that<br />
is incidental to the operation of a utility provider including, but not limited to, water<br />
towers, substations, lift stations, and pump stations.<br />
Explanation: Reflects the change to the permitted use table and development standards<br />
for Utility Related Appurtenances.<br />
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23
15. Amend Appendix A: Procedural Flow Charts as follows:<br />
A13 Conditional Use Permits<br />
Submission<br />
of application and site plan to the<br />
Zoning Administrator<br />
Review<br />
by the Planning Department and<br />
recommendation to the Board of<br />
Commissioners<br />
Public Hearing<br />
held by the Board of Commissioners<br />
using quasijudicial procedural<br />
Review and Decision<br />
by the Board of Commissioners<br />
Optional referral to the Planning<br />
Board for recommendation<br />
Disapproval<br />
· Reasons for disapproval<br />
provided in writing<br />
· Appeal may be taken to<br />
Superior Court<br />
Approval<br />
· Simple majority vote required<br />
· Conditions and supplemental<br />
requirements may be attached<br />
to permit approval<br />
Explanation: The Board must hold a public hearing using quasijudicial procedures for<br />
Conditional Use Permits.<br />
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24
A15 Variances From Watershed District Overlay Requirements<br />
Submission<br />
of application and fee to the<br />
Zoning Administrator<br />
Minor Variances<br />
· Requests reviewed by Board<br />
of Adjustment per the<br />
procedures outlined in A14<br />
Major Variances<br />
· Requests reviewed by Board<br />
of Adjustment per the<br />
procedures outlined in A14<br />
and recommendation made to<br />
NCEMC<br />
Notification<br />
provided to NCDEM NCDENR of<br />
minor variance approval<br />
Review and Decision<br />
by the NCEMC<br />
Disapproval<br />
Approval<br />
Board of<br />
Adjustment<br />
prepares a final<br />
decision denying<br />
the variance<br />
Board of<br />
Adjustment<br />
prepares a final<br />
decision granting<br />
the variance<br />
Explanation: NCDENR receives notification of Variances from Watershed District<br />
Overlay Requirements.<br />
A16 General Rezonings and Text Amendments<br />
25<br />
3/9/<strong>20</strong>06 2:27 PM
Submission<br />
of Application to the<br />
Zoning Administrator 10 days prior<br />
to the Planning Board <strong>Meeting</strong><br />
Review<br />
by the Planning Board and<br />
recommendation to the Board of<br />
Commissioners<br />
Public Hearing<br />
held by the Board of<br />
Commissioners<br />
Review and Decision<br />
by the Board of Commissioners<br />
Disapproval<br />
Approval<br />
Filing<br />
of amendments to regulations,<br />
standards or procedures regarding<br />
public water supply watersheds<br />
with the NCDEM NCDENR<br />
Explanation: Amendments to regulations, standard or procedures regarding public<br />
water supply watersheds are filed with NCDENR.<br />
26<br />
3/9/<strong>20</strong>06 2:27 PM
A17 Conditional Use District Rezonings<br />
Submission<br />
of Application and Site Plan to the Zoning Administrator<br />
10 days prior to the Planning Board <strong>Meeting</strong><br />
Review<br />
by the Planning Board and recommendation to the<br />
Board of Commissioners<br />
Public Hearing<br />
held by the Board of Commissioners<br />
using quasijudicial procedural requirements<br />
Review of the Rezoning Request and Decision<br />
by the Board of Commissioners<br />
Disapproval<br />
Approval<br />
Review of the Conditional Use<br />
Permit Request and Decision<br />
by the Board of Commissioners<br />
Disapproval<br />
· Reasons for disapproval provided<br />
in writing<br />
· Appeal may be taken to Superior<br />
Court<br />
Approval<br />
· Simple majority vote required<br />
· Conditions and supplemental<br />
requirements may be attached to<br />
permit approval<br />
Explanation: Amendments to regulations, standard or procedures regarding public<br />
water supply watersheds are filed with NCDENR.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
Filing<br />
of amendments to regulations, standards<br />
or procedures regarding public water<br />
supply watersheds with the NCDEM<br />
NCDENR and flood hazard areas to<br />
FEMA<br />
27
The following ordinance amendments are recommended to accommodate<br />
two major bills that were passed by the North Carolina General Assembly:<br />
S.L. <strong>20</strong>05418 (S. 518), An Act to Clarify and Make Technical Changes to<br />
City and <strong>County</strong> Planning Statutes, and S.L. <strong>20</strong>05426 (S. 814), An Act to<br />
Modernize and Simplify City and <strong>County</strong> Planning Statutes. These bills<br />
received final legislative approval on August 24, <strong>20</strong>05, were signed into law<br />
by Governor Easley on September 22, <strong>20</strong>05, and became effective on<br />
January 1, <strong>20</strong>06.<br />
13.2 Variances<br />
13.2.1 General<br />
2. No change in permitted uses may be authorized by variance. A<br />
variance may be granted by the Board of Adjustment if it concludes<br />
that strict enforcement of this Article would result in practical<br />
difficulties or unnecessary hardships for the applicant and that, by<br />
granting the variance, the spirit of this Article will be observed,<br />
public safety and welfare secured, and substantial justice done. It<br />
may reach these conclusions if it finds that:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
If the applicant complies strictly with the provisions of the<br />
Article, he can make no reasonable use of his property;<br />
The hardship of which the applicant complains is one<br />
suffered by the applicant rather than by neighbors or the<br />
general public;<br />
The hardship relates to the applicant's land, rather than<br />
personal circumstances;<br />
The hardship is unique, or nearly so, rather than one shared<br />
by many surrounding properties;<br />
The hardship is not the result of the applicant's own actions;<br />
and<br />
The variance will neither result in the extension of a<br />
nonconforming situation in violation of Section 13.0 nor<br />
authorize the initiation of a nonconforming use of land.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
3. In granting variances, the Board of Adjustment may impose such<br />
reasonable conditions as will ensure that the use of the property to<br />
which the variance applies will be as compatible as practicable with<br />
the surrounding properties, provided such conditions are reasonably<br />
related to the condition or circumstance that gives rise to the need<br />
for a variance.<br />
28
13.9 Evidence<br />
3. The Board of Adjustment may subpoena witnesses and compel the<br />
production of evidence. If a person fails or refuses to obey a subpoena<br />
issued pursuant to this subsection, the Board of Adjustment may apply to<br />
the General Court of Justice for an order requiring that its order be<br />
obeyed, and the court shall have jurisdiction to issue these orders after<br />
notice to all proper parties. No testimony of any witness before the Board<br />
of Adjustment pursuant to a subpoena issued in exercise of the power<br />
conferred by this subsection may be used against the witness in the trial<br />
of any civil or criminal action other than a prosecution for false swearing<br />
committed on the examination. Any person who, while under oath during<br />
a proceeding before the Board of Adjustment, willfully swears falsely, is<br />
guilty of a Class 1 misdemeanor.<br />
14.3 Planning Board Review And Recommendation<br />
2. The Planning Board shall review the proposed amendment, along with<br />
planning staff recommendations and any comments received from<br />
applicable reviewing departments and agencies, and submit its<br />
recommendation to the Board of Commissioners. The Planning Board<br />
shall have 45 days within which to submit its recommendation. Failure of<br />
the Planning Board to submit its recommendation within this time period<br />
shall constitute a favorable recommendation.<br />
3. The recommendation of the Planning Board shall include a statement<br />
regarding the reasonableness of the proposed rezoning. The<br />
recommendation must also include a written statement on the<br />
consistency of the proposed amendment with the Comprehensive Land<br />
Use Plan and any other plan that has been officially adopted by the Board<br />
of Commissioners, as well as any other matters as deemed appropriate<br />
by the Planning Board. A statement by the Planning Board that a<br />
proposed amendment is inconsistent with the Comprehensive Land Use<br />
Plan shall not preclude consideration or approval of the proposed<br />
amendment by the Board of Commissioners.<br />
4. The Planning Board shall have 45 days within which to submit its<br />
recommendation. Failure of the Planning Board to submit its<br />
recommendation within this time period shall constitute a favorable<br />
recommendation.<br />
14.4 Board Of Commissioners Review And Adoption<br />
3/9/<strong>20</strong>06 2:27 PM<br />
29
3. Prior to adopting or rejecting any zoning amendment, the Board of<br />
Commissioners shall adopt a statement describing whether its action is<br />
consistent with the Comprehensive Land Use Plan and explaining why<br />
the Board of Commissioners considers the action taken to be reasonable<br />
and in the public interest. This statement is not subject to judicial review.<br />
14.5 Public Hearing Requirements<br />
3. With respect to map amendments, the Zoning Administrator shall provide<br />
firstclass mail notice of the public hearing to the record owners for tax<br />
purposes of all properties whose zoning classification is changed by the<br />
proposed amendment as well as the owners of all properties within 100<br />
feet of the property rezoned by the amendment. The Zoning<br />
Administrator may also shall prominently post notices of the public<br />
hearing in the vicinity of the property rezoned by the proposed<br />
amendment and on the site proposed for rezoning or on an adjacent<br />
public street or highway rightofway. When multiple parcels are included<br />
within a proposed zoning map amendment, a posting on each individual<br />
parcel is not required, but the Zoning Administrator shall post sufficient<br />
notices to provide reasonable notice to interested persons. The Zoning<br />
Administrator may take any other action deemed by the Zoning<br />
Administrator to be useful or appropriate to give notice of the public<br />
hearing.<br />
4. The notice required in subsection 3. shall not be required if the zoning<br />
map amendment directly affects more than 50 properties, owned by a<br />
total of at least 50 different property owners. In this instance, the <strong>County</strong><br />
may elect, in lieu of the mail notice specified in subsection 3., to publish<br />
once a week for four two successive calendar weeks in a newspaper<br />
having general circulation in the area an advertisement of the public<br />
hearing that shows the boundaries of the area affected by the proposed<br />
zoning map amendment and that explains the nature of the proposed<br />
change. The advertisement shall not be less than onehalf of a<br />
newspaper page in size. The advertisement shall only be effective for<br />
property owners who reside in the area of general circulation of the<br />
newspaper that publishes the notice. Property owners who reside outside<br />
the county's jurisdiction or outside of the newspaper circulation area,<br />
according to the address listed on the most recent property tax listing for<br />
the affected property, shall be notified by mail pursuant to subsection 3.<br />
The person or persons mailing the notices shall certify to the Board of<br />
Commissioners that fact, and the certificates shall be deemed conclusive<br />
in the absence of fraud. In addition to the published notice, the <strong>County</strong><br />
shall post one or more prominent signs immediately adjacent to the<br />
subject area reasonably calculated to give public notice of the proposed<br />
rezoning.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
30
Amend the following sections of the Executive Summary and Commentary<br />
13.2 Variances<br />
NCGS 153A345 (d) (c1) authorizes the Board of Adjustment, when ‘practical difficulties or<br />
unnecessary hardships’ would result from carrying out the strict letter of the zoning ordinance, to<br />
vary or modify any regulation or provision of the zoning ordinance. The applicant for a variance<br />
is responsible for demonstrating that the difficulty or hardship claimed warrants a variance.<br />
14.3 Planning Board Review and Recommendation<br />
NCGS 153A344 requires that before an amendment to the zoning ordinance is adopted by the<br />
Board of Commissioners it must first be referred to the Planning Board for a recommendation.<br />
The Planning Board must be given at least 30 days in which to make a recommendation. The<br />
Board of Commissioners is not, however, bound by the recommendation of the Planning Board.<br />
NCGS 153A341 requires the Planning Board to advise and comment on whether a proposed<br />
amendment is consistent with an adopted comprehensive plan and any other officially adopted<br />
plan that is applicable. The Planning Board is required to provide a written recommendation to<br />
the Board of <strong>County</strong> Commissioners that addresses plan consistency and other matters deemed<br />
appropriate by the Planning Board. NCGS 153342 requires a statement to be prepared that<br />
analyzes the reasonableness of each proposed rezoning to a special or conditional use district, or a<br />
conditional district, or other smallscale rezoning.<br />
14.3 Board of Commissioners Review and Adoption<br />
NCGS 153A341 requires that prior to adopting or rejecting any zoning amendment, the<br />
governing board must adopt a statement describing whether its action is consistent with an<br />
adopted comprehensive plan and explaining why the board considers the action taken to be<br />
reasonable and in the public interest.<br />
14.5 Public Hearing Requirements<br />
NCGS 153A343 mandates that firstclass mail notice of a public hearing concerning a rezoning<br />
be made to the owner(s) of the property proposed to be rezoned and the owners of all parcels<br />
abutting the property to be rezoned. The person mailing the notices must certify to the Board of<br />
Commissioners that fact. NCGS 153A343 (c) requires that when a zoning map amendment is<br />
proposed, the public hearing notice must be prominently posted on the site proposed for rezoning<br />
or on an adjacent public street or highway rightofway.<br />
14.10 Protests to Zoning Changes<br />
The general statutes do not specifically authorize protest petitions for counties (protest petition<br />
provisions are mandatory for inclusion in municipal zoning ordinances per NCGS 160A385).<br />
While there is no express authority for protest petitions in the state statutes for counties, it is felt<br />
that the broad grant of zoning authority provided to counties in NCGS 153A343 is sufficient to<br />
permit counties to establish the manner in which and the conditions under which they wish to<br />
amend their zoning ordinances. Inclusion of protest provisions in the <strong>Pitt</strong> <strong>County</strong> zoning<br />
ordinance is strictly a matter of preference. The bottom line is that such provisions would require<br />
a super majority vote (threefourths vote of the Board of Commissioners’ membership) rather<br />
than a simple majority vote to approve a rezoning. Obviously, such protest petitions give<br />
adjacent property owners a higher degree of involvement in rezoning requests, which occur<br />
within their immediate area.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
31
Staff Recommendation<br />
Following the public hearing, adopt the proposed amendments to the <strong>Pitt</strong> <strong>County</strong> Zoning<br />
Ordinance with an effective date of <strong>February</strong> 21, <strong>20</strong>06.<br />
Manager Comments<br />
Concur with staff recommendation to amend the <strong>Pitt</strong> <strong>County</strong> Zoning Ordinance.<br />
<strong>Meeting</strong> Notes<br />
Mr. James Rhodes said they are still finding different sections of the ordinance that need<br />
changes. They are clarifying some language and new planning legislation which was adopted<br />
last September. Mr. Rhodes presented each of the amendments as provided in the agenda<br />
package. He stated that the Planning Board has to go on record as supporting and consistent<br />
with Land Use Plan now has to be stated legally. Changes were made as required by new<br />
legislation. The Planning Board has reviewed and approved these changes.<br />
Chairman Garris opened the public hearing. No one spoke. He declared the public<br />
hearing closed.<br />
Commissioner Minges brought up the concern stated by a citizen at the last meeting<br />
about requiring fences around private pools. He asked for copy of public pool regulations to see<br />
if private pools could also have regulations set up for security fencing. Ms. Burgdorff stated that<br />
she had been looking into this and the City of Greenville has regulations concerning fencing<br />
around pools. Commissioner James said there needs to be an ordinance pertaining to private<br />
pools for the county.<br />
Commissioner James also asked about a landowner giving his children property to build<br />
on. Mr. Rhodes said the family exemption has been brought forward. Commissioner James said<br />
the county needs to have the swimming pool ordinance done before summertime. Commissioner<br />
Hammond said there have been a lot of amendments to these rules. If we keep making<br />
amendments, there's going to need to be more staff to enforce them. Mr. Rhodes said these<br />
amendments are making the ordinances more consistent and easier to enforce. Commissioner<br />
Hammond spoke about the risk involved with four wheelers going around private open ponds. He<br />
asked if this ordinance protects these open ponds or pond owners from children falling in one of<br />
the ponds. Mr. Rhodes said those are considered private ponds and this ordinance would not<br />
address ponds. Mr. Rhodes said the ordinance states if a landowner wants to give his children a<br />
lot, the first lot has to come through the approval but if he wants to sell a lot or three or four lots<br />
they will have to follow the subdivision process.<br />
Motion:<br />
Following the public hearing, adopt the proposed amendments to the <strong>Pitt</strong> <strong>County</strong> Zoning<br />
Ordinance with an effective date of <strong>February</strong> 21, <strong>20</strong>06.<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner John Minges.<br />
Vote Record:<br />
Melvin McLawhorn<br />
John Minges<br />
Jimmy Garris<br />
Beth Ward<br />
Glenn Bowen<br />
Tom Coulson<br />
David Hammond<br />
Eugene James<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
No<br />
Yes<br />
No<br />
Yes<br />
32<br />
3/9/<strong>20</strong>06 2:27 PM
Total Yes Votes: 6<br />
Total No Votes: 2<br />
Motion Passed.<br />
Mr. Rhodes noted that there will need to be a second reading since this was not an unanimous<br />
vote.<br />
Public Hearing for the <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance Amendments James Rhodes<br />
Information Provided with the Agenda<br />
Attached are proposed Subdivision Ordinance amendments with staff commentary for<br />
consideration at the Board's <strong>February</strong> <strong>20</strong>, <strong>20</strong>06 public hearing (See Attachment 1). The Planning<br />
Board held a public hearing on January 18, <strong>20</strong>06, and unanimously recommended adoption of<br />
the proposed amendments to the <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance. The public hearing has<br />
been advertised and the amendments have been distributed to local surveyors/engineers and<br />
local municipalities for review and comment (See Attachment 2 and 3).<br />
The primary purposes for the amendments are to adjust or remove certain provisions of<br />
the Subdivision Ordinance due to the amendments made to the North Carolina General Statutes<br />
by the General Assembly.<br />
Attachment 1<br />
Amendment 1<br />
3/9/<strong>20</strong>06 2:27 PM<br />
Proposed Amendments to the <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance<br />
Sec. 11102. Definition of subdivision.<br />
A subdivision shall include all divisions of a tract or parcel of land into<br />
two (2) or more lots, building sites, or other divisions for the purpose of sale or<br />
building development, whether immediate or future, and shall include all division<br />
of land involving the dedication of a new street or change in existing streets.<br />
However, the following is not included within this definition and is not subject to<br />
the regulations prescribed by this article:<br />
(1) The combination or recombination of portions of previously subdivided and<br />
recorded lots if the total number of lots is not increased and the resultant lots and<br />
required supporting infrastructure (including streets, utilities, open space,<br />
and recreation areas) are equal to or exceed the standards of the county as<br />
shown in its subdivision regulations;<br />
(4) The division of a tract in single ownership the entire area of which is no<br />
greater than two acres into not more than three lots, if no street rightofway<br />
dedication is involved and if the resultant lots and required supporting<br />
infrastructure (including streets, utilities, open space, and recreation areas)<br />
are equal to or exceed the standards of the county as shown by its subdivision<br />
regulations.<br />
Staff Comments: The new legislation removes the reference to a division of land<br />
into “two or more” lots, thus making any division of land a subdivision. Except<br />
33
where otherwise exempted. Under the current staff interpretation, <strong>Pitt</strong> <strong>County</strong><br />
allows a “one lot exemption” if the property has not been subdivided since July 1,<br />
1991. With this amendment “one lot exemptions” will no longer be allowed. The<br />
additional language serves to clarify that the supporting infrastructure must be<br />
equal to or exceed the standards in the ordinance to qualify for other exemptions.<br />
Amendment 2<br />
Sec. 11121. Unlawful subdivision.<br />
The owner or the agent of the owner of any land who subdivides such land in<br />
violation of this article or transfers or sells land by reference to, exhibition of, or<br />
any other use of a plat showing a subdivision of the land before the plat has been<br />
properly approved under the provisions of these regulations, and recorded in the<br />
office of the county register of deeds, shall be guilty of a misdemeanor. The<br />
description by metes and bounds in the instrument of transfer or other document<br />
used in the process of transferring land does not exempt the transaction from this<br />
penalty. The county may bring an action for injunction of any illegal subdivision,<br />
transfer, conveyance, or sale of land, and the court shall, upon appropriate<br />
findings, issue an injunction and order requiring the offending party to comply<br />
with these subdivision regulations. Building permits required pursuant to<br />
N.C.G.S. 153A357 may be denied for lots that have been illegally<br />
subdivided. In addition to other remedies, the county may institute any<br />
appropriate action or proceedings to prevent the unlawful subdivision of<br />
land, to restrain, correct, or abate the violation, or to prevent any illegal act<br />
or conduct.<br />
The provisions of this section shall not prohibit any owner or its agent<br />
from entering into contracts to sell or lease land by reference to an approved<br />
preliminary plat for which a final plat has not been properly approved under<br />
this ordinance or recorded with the register of deeds where the buyer or<br />
lessee is any person who has contracted to acquire or lease the land for the<br />
purpose of engaging in the business of construction of residential,<br />
commercial, or industrial buildings on the land, or for the purpose of resale<br />
or lease of the land to persons engaged in that kind of business, provided that<br />
no conveyance of that land may occur and no contract to lease it may become<br />
effective until after the final plat has been properly approved under the<br />
subdivision ordinance and recorded with the register of deeds, provided the<br />
contract is in accordance with N.C.G.S. 153A334.<br />
Staff Comments: The new legislation allows the <strong>County</strong> to withhold building<br />
permits for lots that have been illegally subdivided. The second paragraph has<br />
been added to allow the developer to enter into contracts after a preliminary plat<br />
is approved, but before a final plat is recorded. The General Statue referenced in<br />
this paragraph outlines the guidelines that must be included in the contract. One<br />
3/9/<strong>20</strong>06 2:27 PM<br />
34
equirement is that the contract must inform the potential buyer/lessor that a<br />
final plat has not been approved or recorded at the time of the contract, that no<br />
governmental body will incur any obligation to the prospective buyer or lessee<br />
with respect to the approval of the final subdivision plat, that changes between the<br />
preliminary and final plats are possible, and that the contract or lease may be<br />
terminated without breach by the buyer or lessee if the final recorded plat differs<br />
in any material respect from the preliminary plat.<br />
Amendment 3<br />
Sec. 11145. Utilities. 1(d) Offsite septic system easements within planned<br />
developments:<br />
3. Require installation of force mains by the developer at a minimum of five<br />
(5) feet one and one half (1 ½) feet apart and with necessary protection at<br />
street and stream crossings. Approval of force main configuration required<br />
during construction plan review.<br />
4. Implement design requirements for accompanying force main easements as<br />
follows:<br />
• When placing multiple force main lines within a common<br />
easement, the easement width must be sufficient to allow<br />
placement of the force mains five (5) feet one and one half (1 ½)<br />
feet within easement boundaries.<br />
Staff Comments: This amendment is recommended by the <strong>Pitt</strong> <strong>County</strong><br />
Environmental Health Department. The new language reduces the amount of<br />
separation between forcemains from five feet to one and one half feet which will<br />
allow for any necessary space for repairs to be performed while not requiring an<br />
excessive easement.<br />
Staff Recommendation<br />
Following the public hearing, adopt the proposed <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance<br />
amendments with an immediate effective date.<br />
Manager Comments<br />
Concur with staff recommendation to amend the <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance.<br />
<strong>Meeting</strong> Notes<br />
Mr. Rhodes provided the following information.<br />
3/9/<strong>20</strong>06 2:27 PM<br />
35
Proposed Amendments to the<br />
Zoning Ordinance<br />
Schedule<br />
• October 19, <strong>20</strong>05 – Presented draft amendments to Planning<br />
Board.<br />
• November 16, <strong>20</strong>05 – Presented additional amendments<br />
reflecting newly adopted legislation.<br />
• January 4, <strong>20</strong>06 – Sent out draft amendments for public<br />
comment.<br />
• January 18, <strong>20</strong>06 – Planning Board Public Hearing.<br />
• <strong>February</strong> <strong>20</strong>, <strong>20</strong>06 – BCC Public Hearing<br />
Proposed Amendments<br />
1) Amend Table 51 <strong>Pitt</strong> <strong>County</strong> Table of<br />
Permitted Uses.<br />
2) Amend Section 6.4.2(1) Public Road<br />
Access Requirements.<br />
3) Amend Section 7.4 Highway Corridor<br />
Overlay Requirements.<br />
4) Amend Section 6.4.1(3) General Lot<br />
Requirements.<br />
36<br />
3/9/<strong>20</strong>06 2:27 PM
Proposed Amendments<br />
5) Amend Section 8.<strong>20</strong> Contractors,<br />
General Building and Contractors,<br />
Special Trade.<br />
(cont’d)<br />
6) Amend Section 8.54 Mining, Quarrying,<br />
Sand Pits, and Mineral Extraction.<br />
7) Amend Section 8.62 Private Club or<br />
Recreational Facility, Other; Public Park<br />
or Recreational Facility, Other.<br />
Proposed Amendments<br />
(cont’d)<br />
8) Amend Section 8.65 Radio, Television,<br />
or Communication Tower Over 60 Feet<br />
in Height.<br />
9) Amend Section 8.70 Rural Family<br />
Occupation.<br />
10) Fix Reference numbers in Section 8.0<br />
Development Standards for Individual<br />
Uses.<br />
11) Amend Section 8.88 Utility Related<br />
Appurtenances, Substation.<br />
37<br />
3/9/<strong>20</strong>06 2:27 PM
Proposed Amendments<br />
(cont’d)<br />
15) Amend Appendix A: Procedural Flow<br />
Charts:<br />
ù<br />
ù<br />
ù<br />
ù<br />
A13 Conditional Use Permits<br />
A15 Variances from Watershed District<br />
Overlay Requirements<br />
A16 General Rezonings and Text<br />
Amendments<br />
A17 Conditional Use District Rezonings<br />
Proposed Amendments<br />
(cont’d)<br />
• The following amendments are<br />
recommended to accommodate two<br />
major bills that were passed by the<br />
North Carolina General Assembly in<br />
<strong>20</strong>05.<br />
• S.L. <strong>20</strong>05418 (S. 518) and S.L. <strong>20</strong>05<br />
426 (S. 814) were signed into law by<br />
Governor Easley on September 22,<br />
<strong>20</strong>05, and became effective on<br />
January 1, <strong>20</strong>06.<br />
38<br />
3/9/<strong>20</strong>06 2:27 PM
Proposed Amendments<br />
16) Amend Section 13.2.1 General<br />
Variances.<br />
17) Amend Section 13.9.3 Evidence.<br />
18) Amend Section 14.3 Planning Board<br />
Review and Recommendation.<br />
19) Add Section 14.4(3) Board of<br />
Commissioners Review and Adoption<br />
<strong>20</strong>) Amend Section 14.5 Public Hearing<br />
Requirements<br />
(cont’d)<br />
Proposed Amendments<br />
21) Amend Executive Summary and<br />
Commentary:<br />
ù<br />
ù<br />
ù<br />
ù<br />
ù<br />
Amend Section 13.2 Variances<br />
(cont’d)<br />
Amend Section 14.3 Planning Board Review<br />
and Recommendation<br />
Add Section 14.3 Board of Commissioners<br />
Review and Adoption<br />
Amend Section 14.5 Public Hearing<br />
Requirements<br />
Delete Section 14.10 Protests to Zoning<br />
Changes<br />
39<br />
3/9/<strong>20</strong>06 2:27 PM
Planning Board’s Recommendation<br />
• Adopt the proposed <strong>Pitt</strong> <strong>County</strong> Zoning<br />
Ordinance amendments with an<br />
effective date of <strong>February</strong> 21, <strong>20</strong>06.<br />
Mr. Rhodes said that no longer would the one lot out exemption be allowed. They can<br />
deny permits for illegal subdivisions of lots. This allows developers to start selling or entering<br />
contracts, based on preliminary plats. Contracts can be made void based on Environmental<br />
Health evaluation for septic systems. There are now requirements of 1.5 ft separation along the<br />
lines. All amendments have been reviewed by Planning Board and approval is recommended.<br />
The public hearing was opened. No one spoke. The public hearing was closed.<br />
Commissioner James said the preliminary plan goes on the tax book so you pay taxes on<br />
that lot and if selling from a farm, then you pay taxes back for last three years. He asked if this is<br />
a state mandate or a county mandate? Mr. Rhodes said these are state mandated.<br />
Commissioner Hammond asked how to prevent making the language more critical to the<br />
owners of the property. The one lot can be subdivided off. Mr. Rhodes said the county has to<br />
abide by state laws.<br />
Motion:<br />
Following the public hearing, adopt the proposed <strong>Pitt</strong> <strong>County</strong> Subdivision Ordinance<br />
amendments with an immediate effective date.<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner Melvin McLawhorn.<br />
Vote Record:<br />
Melvin McLawhorn<br />
John Minges<br />
Jimmy Garris<br />
Beth Ward<br />
Glenn Bowen<br />
Tom Coulson<br />
David Hammond<br />
Eugene James<br />
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Yes<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
No<br />
Yes<br />
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Total Yes Votes: 7<br />
Total No Votes: 1<br />
Motion Passed.<br />
These amendments will require a second reading since the vote was not unanimous, also.<br />
West Greenville Redevelopment Plan<br />
Information Provided with the Agenda<br />
The Greenville Redevelopment Commission has made a request to appear before the<br />
Board of <strong>County</strong> Commissioners. They would like to make a presentation concerning the West<br />
Greenville Redevelopment Plan.<br />
Staff Recommendation<br />
Report Only.<br />
<strong>Meeting</strong> Notes<br />
Mr. Merrill Flood presented the West Greenville Revitalization Plan. He said it began in<br />
<strong>20</strong>02 when they noticed that some of the older parts of the City needed some revitalization. He<br />
said they are finding improvements to make for the long term that are viable and help the citizens.<br />
Center City Revitalization and<br />
West Greenville<br />
Redevelopment Plans<br />
City of Greenville, NC<br />
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West Greenville Redevelopment Area<br />
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NEIGHBORHOODS<br />
•DEFINE THE NEIGHBORHOODS IN WEST GREENVILLE<br />
•PROVIDE<br />
ECONOMIC STIMULUS AND COMMERCIAL SERVICES<br />
• LIBRARY BRANCH, RETAIL NODE, PROFESSIONAL OFFICES<br />
•INCREASE<br />
HOME OWNERSHIP<br />
• ELIMINATE RENTAL PROPERTIES<br />
•CREATE<br />
PRIDE AND REMOVE THE STIGMA<br />
•IMPROVE THE SCHOOLS<br />
• SADIE SAULTER AND NEW ELEMENTARY SCHOOL<br />
•IMPROVE<br />
SAFETY AND SECURITY OF NEIGHBORHOODS<br />
• NEIGHBORHOOD WATCH<br />
•IMPROVE<br />
INFRASTRUCTURE<br />
• SIDEWALKS, CODE ENFORCEMENT, CURB AND GUTTER, STORM DRAINAGE, LIGHTING, LANDSCAPING<br />
•PROVIDE<br />
NEW ENTRANCE FROM TENTH STREET AND DEFINE EDGES<br />
URBAN CORE<br />
• Develop a Critical Mass/ / Cluster Like Uses<br />
• Establish Key Parcels for Development<br />
• Develop a Master Plan for <strong>County</strong> Facilities<br />
• Develop Strong Business Recruitment and Retention Program<br />
• Focus Development on Evans Street in Retail Core<br />
• Build upon existing move toward arts & entertainment<br />
• Develop “Golden Handcuffs” (Financial Incentives) for Office Users<br />
• Implement Financial Incentives For Downtown Investment<br />
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URBAN CORE<br />
• Leverage Large Attractions to Downtown<br />
• Create a Mixed Use Development with a Hotel<br />
• Develop New Entrance on Evans Street with Streetscape<br />
• Increase Amenities, Green Space, , Pedestrian Walkways<br />
• Establish and Enforce Design Guidelines<br />
• Create Residential Opportunities Downtown<br />
• University Housing along Reade Street, Upscale Condos around the Town Common<br />
• Create Linkages to University and Neighborhoods<br />
• Develop Parking Garages for Key Projects<br />
• Improve Infrastructure<br />
Crosswalks, Utilities Underground, Curb and Gutter, Lighting, g, Landscaping<br />
Land Use Objectives<br />
• Emphasis on joint use projects driven by the University’s s growth<br />
• Expansion of the boundaries of the downtown to connect to the<br />
residential areas east and west of the Center City<br />
• Creation of commercial development along the major corridors of<br />
Tenth and Evans Streets<br />
• Improvement of the open space in the Town Common to leverage<br />
adjacent residential and commercial development<br />
• Increase of the density and scope of land use to create night and<br />
weekend activity<br />
• Removal of incompatible uses<br />
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Traffic and Parking Recommendations<br />
• Complete the Tenth Street Connector<br />
• Change Martin Luther King, Jr. Drive to a neighborhood collector<br />
• Improve key Tenth Street Corridor intersections<br />
• Reestablish Evans Street as the major route into the Center City<br />
• Deemphasize Dickinson Avenue as a major entrance into the<br />
Center City<br />
• Establish potential locations for additional surface parking<br />
including the reduction in width of First Street and on Reade<br />
Street<br />
• Land bank property for future parking structures<br />
• Improve pedestrian circulation systems in the downtown<br />
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Small Business and Employment Creation<br />
• Small business loan pool with local lenders<br />
• Business Plan Competition<br />
• Façade Grant Programs<br />
• Business relocation revolving loan fund<br />
• Startup training for small business<br />
• Small business incubator<br />
• Land assembly and disposition at favorable terms<br />
• Workforce preparatory training<br />
• GED classes<br />
• Provision of accessible day care<br />
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How can Greenville’s Revitalization programs help you?<br />
How can you help make revitalization a reality in Greenville?<br />
How can we all make Greenville’s Center City<br />
a better place to live, raise a family and do business<br />
Mr. Flood said the process started out with developing a redevelopment plan that met the<br />
state laws but they also wanted to reflect the residential core of these areas. This plan includes<br />
areas just west of the downtown area and it is about an 850 acres area that was studied. The<br />
City entered a contract with developer in <strong>20</strong>03. The Plan was approved that December by City<br />
Council. They looked at areas to the west of the downtown area and looked for ways to preserve<br />
businesses in the area, remove blighted influences and make it a better place to live and work.<br />
Homeownership in this area is <strong>20</strong>% or less in West Greenville. He reviewed the goals for this<br />
area.<br />
They are looking to make residences on the second floor of buildings that have offices or<br />
commercial on the first floor. They considered Land Use Objectives and Traffic and Parking<br />
Recommendations.<br />
He said there are currently opportunities to work with existing businesses along the Martin Luther<br />
King Drive and work to establish new businesses. They are looking at doing streetscapes on<br />
certain streets. They want to build an Alumni/Hotel Center. They will work to increase home<br />
ownership to 50 percent. The city is currently working with a consultant on a streetscape project<br />
and plan.<br />
This will be a partnership with for profit, nonprofit groups. He presented pictures of the<br />
proposal with additional buildings and improvements along the town common, a water feature,<br />
and on the south side of 1 st street more residential area. A Hotel/Alumni Center along Reade<br />
Street with additional housing is proposed. Plans will be updated and made annually. There is<br />
discussion about an Art Center which is long term.<br />
Mr. Flood said that there are commercial opportunities connected to the 10th Street Connector<br />
project. There goals include more commercial uses along the Albemarle Street area. People<br />
want Greenville to be like it was years ago, with mixed use opportunities. Residents told them<br />
they needed ways to create jobs. This is 15 to <strong>20</strong> year plan and it focuses a lot on partnerships.<br />
Commissioner McLawhorn commended Mr. Flood for his work in this community.<br />
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Commissioner Hammond said there have been individuals that have lived there a long<br />
time. He asked about the eminent domain in this process. Mr. Flood said they heard from<br />
residents that went through this in the past. This plan does call for acquisition of homes that are<br />
beyond repair but addresses homes that the homeowners are not in residence.<br />
Chairman Garris said this plan also impacts the county as well as the city. Commissioner<br />
Bowen asked if there was some difference between the West Greenville and the Downtown<br />
Redevelopment Commission. Mr. Flood said there is a committee appointed with seven<br />
members and the state law says they have to reside in the city limits. They come from diverse<br />
backgrounds.<br />
Items for Report<br />
Manager's Report Scott Elliott<br />
Information Provided with the Agenda<br />
Next <strong>Meeting</strong> Dates;<br />
March 9th, 4pm, Joint meeting with PCC Board of Trustees, at Community Schools and<br />
Recreation Building (dinner to follow)<br />
March 13th, 9am <strong>Regular</strong> <strong>Meeting</strong><br />
March 27th, 6pm <strong>Regular</strong> <strong>Meeting</strong><br />
Congressional Visits in Washington, DC with The Ferguson Group, <strong>February</strong> 15, <strong>20</strong>06<br />
NACo <strong>20</strong>06 Legislative Conference, March 48, <strong>20</strong>06, Hilton Washington & Towers,<br />
Washington, DC<br />
Legislative Breakfast, Sheppard Memorial Library, April 10th @ 7:30AM<br />
InnerCity Visit to Athens, Ga. April 2325 with the Chamber of Commerce<br />
Reporting out on Council on Aging Donation<br />
Mitch Smith, Director of Cooperative Extension, received the <strong>20</strong>05 Carol M. Brickhead<br />
Award for Outstanding <strong>County</strong> Extension Director<br />
<strong>Meeting</strong> Notes<br />
Mr. Elliott reviewed the items on the agenda:<br />
· Congressional Visits were made by the City and <strong>County</strong> Managers, Attorneys and<br />
Greenville’s Mayor and Board of Commissioners’ Chairman as well as Mildred<br />
Council from the Greenville City Council. They presented the joint legislative agenda<br />
for the city and county along with the Ferguson Group. Mr. Elliott noted that hopefully<br />
the county will have an idea of how successful this meeting was by the springtime.<br />
· The Chamber is proposing an InnerCity Visit to Athens, GA for officials to see this<br />
area. Mr. Elliott said for anyone interested in going to let the Clerk or Manager know.<br />
The purpose of this trip is to look at a city that is like Greenville was twenty years ago<br />
and how they dealt with the growth and challenges. This city did adopt a 1 percent<br />
sales tax dedicated to schools.<br />
· Mr. Elliott stated that the board had approved the $250,000 for the senior center for<br />
the Council on Aging. He said the Manager, Chairman, Attorney and Finance<br />
Director met and are recommending that the county provide the funds to the COA<br />
now to assist with their fund raising efforts.<br />
· Congratulated Mitch Smith on receiving the <strong>20</strong>05 Carol M. Burke Award for<br />
Outstanding <strong>County</strong> Extension Director of the Year.<br />
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Commissioner Hammond asked if the Manager was encouraged from the trip to<br />
Washington, DC and meeting with the legislators. He said Ms. Council was instrumental in bring<br />
the Ferguson Group to the City of Greenville.<br />
Performance Measurements Annual Report Scott Elliott<br />
Information Provided with the Agenda<br />
<strong>Pitt</strong> <strong>County</strong> has completed its second full calendar year of detailed reporting on selected<br />
performance measurements within departments. Included in your packages was the Annual<br />
Report for <strong>20</strong>05. A brief overview of selected highlights will be presented today.<br />
The public can view a copy of the annual Performance Measurement Report on the Clerk<br />
to the Board's office located at 1717 West 5th Street.<br />
<strong>Meeting</strong> Notes<br />
Mr. Elliott provided a report reviewing the Mission, Goals and Objectives of the county<br />
and its departments. He stated that staff prepares a report on a quarterly basis which has been<br />
provided with the board’s agenda. Mr. Elliott said they would dig deeper into the Performance<br />
Measurements during the next budget planning sessions.<br />
Tax Collector's Report Jeff Niebauer<br />
Information Provided with the Agenda<br />
Overall tax revenue has increased compared to last year. The collection rate is slightly<br />
down compared to the same period last year. The <strong>20</strong>05 tax bills became past due on January 6,<br />
<strong>20</strong>06 and enforcement actions have begun to collect the outstanding accounts. Delinquent tax<br />
notices have been sent and the tax advertisement will be published in March <strong>20</strong>06.<br />
Staff Recommendation<br />
Approve as Submitted<br />
Manager Comments<br />
Concur with Tax Collector's recommendation.<br />
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Motion:<br />
Approve as Submitted<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner David Hammond.<br />
Motion Passed Unanimously.<br />
Items for Consent<br />
Consent Agenda<br />
Staff Recommendation<br />
Motion to approve items for consent as presented in the agenda.<br />
Motion:<br />
Motion to approve items for consent as presented in the agenda.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner David Hammond.<br />
Motion Passed Unanimously.<br />
Budget Amendment Social Services United Way $6,000 (No <strong>County</strong> Funds) George Perry<br />
Information Provided with the Agenda<br />
The Department of Social Services has received the notification of the annual grant<br />
award from United Way for the Emergency Food and Shelter Program funded by the Federal<br />
Emergency Management Agency. The funds will be used to supplement the Department's other<br />
energy funds to assist the citizens of <strong>Pitt</strong> <strong>County</strong> with their heating and cooling and other energy<br />
needs. These are 100% Federal funds.<br />
The Department requests the approval of the attached Budget Amendment to increase<br />
revenues and expenditures by $6,000.00.<br />
No additional <strong>County</strong> Funds are requested.<br />
Staff Recommendation<br />
Staff recommends the approval of the attached Budget Amendment to increase revenues<br />
and expenditures by $6,000.00<br />
Manager Comments<br />
Concur with the recommendation of DSS.<br />
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Motion:<br />
Staff recommends the approval of the attached Budget Amendment to increase revenues<br />
and expenditures by $6,000.00<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner David Hammond.<br />
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Motion Passed Unanimously.<br />
Releases and Refunds Greater Than $100 Glenn Cutrell<br />
Information Provided with the Agenda<br />
January <strong>20</strong>06 Releases Greater Than $100<br />
Releases <strong>Pitt</strong> <strong>County</strong> (114) $ 40,976.90<br />
Releases City of Greenville (21) $ 7,006.72<br />
Refunds Greater Than $100 (8) $ 2,474.21<br />
Elks, Annie Louise $ 429.22<br />
Fambrough, Sandra & David $ 105.42<br />
Hardee, William S. $ 596.57<br />
Harrell, Molly $ 374.11<br />
Harris, Mauriole Jontrel $ 349.00<br />
<strong>Pitt</strong> <strong>County</strong> Tax Collector<br />
for Tripp, Charles & Sandra $ 388.24<br />
<strong>Pitt</strong> <strong>County</strong> Tax Collector<br />
for Hardy, Guy Jr. Accounts $ 104.77<br />
Tripp, Charles R. & Sandra C. $ 126.88<br />
Staff Recommendation<br />
Approve refunds as submitted.<br />
Manager Comments<br />
Concur with the Tax Assessor's recommendation.<br />
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Motion:<br />
Approve refunds as submitted.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner David Hammond.<br />
Motion Passed Unanimously.<br />
Monthly Financial Reports December <strong>20</strong>05 & January <strong>20</strong>06 Melonie Bryan<br />
Information Provided with the Agenda<br />
Attached please find the December and January monthly financial reports. Revenues<br />
and expenditures are within normal ranges and staff continues to monitor closely.<br />
Staff Recommendation<br />
Accept reports for the record.<br />
Manager Comments Concur with the recommendation to approve the Financial reports for<br />
December <strong>20</strong>05 and January <strong>20</strong>06.<br />
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Motion:<br />
Accept reports for the record.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner David Hammond.<br />
Motion Passed Unanimously.<br />
Approval of Minutes <strong>February</strong> 6, <strong>20</strong>06 Susan Banks<br />
Information Provided with the Agenda<br />
Minutes of <strong>February</strong> 6, <strong>20</strong>06 board meeting are a separate attachment.<br />
Staff Recommendation<br />
Motion to approve minutes from <strong>February</strong> 6, <strong>20</strong>06 board meeting.<br />
Manager Comments<br />
Concur with the recommendation of the Clerk to the Board.<br />
Motion:<br />
Motion to approve minutes from <strong>February</strong> 6, <strong>20</strong>06 board meeting.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner David Hammond.<br />
Motion Passed Unanimously.<br />
Proclamation for National Nutrition Month Scott Elliott<br />
Information Provided with the Agenda<br />
The <strong>County</strong> Manager has received a request from Public Health asking that the <strong>Pitt</strong><br />
<strong>County</strong> Board of Commissioners approve a proclamation declaring March as National Nutrition<br />
Month in <strong>Pitt</strong> <strong>County</strong>.<br />
Staff Recommendation<br />
Motion to approve proclamation for National Nutrition Month.<br />
Motion:<br />
Motion to approve proclamation for March to be National Nutrition Month.<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner David Hammond.<br />
Motion Passed Unanimously.<br />
Proclamation for National Nutrition Month<br />
WHEREAS, inappropriate diet choices and inactivity are the leading cause of preventable death<br />
in our country, and<br />
WHEREAS, what we choose to eat and how often we participate in physical activity influence the<br />
risk of developing several chronic diseases, including heart disease, cancer, diabetes,<br />
osteoporosis, and obesity, and<br />
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WHEREAS, health experts recommend that all residents of <strong>Pitt</strong> <strong>County</strong> consume 59 servings of<br />
fruits and vegetables each day and engage in 30 minutes of daily physical activity for adults and<br />
60 minutes for children, and<br />
WHEREAS, dietary and lifestyle changes are best achieved by taking small steps which can add<br />
up to an improved diet and a more active lifestyle for the rest of your life.<br />
NOW, THEREFORE BE IT RESOLVED that <strong>Pitt</strong> <strong>County</strong> Board of Commissioners proclaim<br />
March as National Nutrition Time in <strong>Pitt</strong> <strong>County</strong>, North Carolina and encourage citizens to choose<br />
a healthier lifestyle through improved diet and physical activity.<br />
ADOPTED this the <strong>20</strong> th day of <strong>February</strong>, <strong>20</strong>06 by the <strong>Pitt</strong> <strong>County</strong> Board of Commissioners.<br />
______________________________<br />
Chairman Jimmy Garris<br />
ATTEST<br />
______________________<br />
Susan J. Banks<br />
Clerk to the Board<br />
Items for Decision<br />
Budget Amendment Health Department Administration $13,100 John H. Morrow<br />
Information Provided with the Agenda<br />
The <strong>Pitt</strong> <strong>County</strong> Health Department has been awarded a 3 year capacity grant by the NC<br />
DHHS Office of Minority Health and Health Disparities to create a new full time interpreter<br />
position. The grant is in the amount of $<strong>20</strong>,000.00 per year for a 3 year period. At the conclusion<br />
of the 3 year period the Health Department would be expected to sustain the position. The<br />
Health Department has long used contract interpreters to comply with Title VI requirements<br />
prohibiting discrimination based on limited English proficiency. This budget amendment assumes<br />
the position if filled March 1, <strong>20</strong>06 and thus would require no county funding in FY 06. In FY 07<br />
and FY 08, contract interpreter hours would be reduced each year to cover the cost above<br />
$<strong>20</strong>,000.00 of the new full time position. In FY 09 county funding would be required to offset the<br />
termination of the grant funding. North Carolina Office of State Personnel has established<br />
interpreter positions as classification 63.<br />
Staff Recommendation<br />
Request to establish a fulltime position in the Administration Division of the Health<br />
Department.<br />
Manager Comments<br />
Concur with the recommendation of the Health Department.<br />
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Motion:<br />
Request to establish a fulltime position in the Administration Division of the Health<br />
Department.<br />
Motion made by Commissioner John Minges.<br />
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Motion seconded by Commissioner Melvin McLawhorn.<br />
Discussion:<br />
Dr. Morrow stated this was a grant from the state for an interpreter for the Public Health<br />
Department for three years. <strong>Pitt</strong> <strong>County</strong> was one of 12 counties in the state that received<br />
the grant. The Health Department has five interpreters currently on contract. They will be<br />
moving contract dollars to positions in order to comply with federal law.<br />
Motion Passed Unanimously.<br />
Ronald McDonald House Lease Renewal JoAnne Burgdorff<br />
Information Provided with the Agenda<br />
The Ronald McDonald House lease is due to expire in June <strong>20</strong>06 and has been rewritten<br />
to be updated and will continue to be leased by the <strong>County</strong> for the sum of $1.00 per year for a ten<br />
(10) year term beginning on July 1, <strong>20</strong>06 and ending on June 30, <strong>20</strong>16, with an option to renew<br />
for additional ten (10) year terms.<br />
Attorney has copy of lease in her office for review.<br />
Staff Recommendation<br />
Approve execution of Lease on the land occupying the Ronald McDonald House on Moye<br />
Boulevard.<br />
Manager Comments<br />
Concur with the <strong>County</strong> Attorney on the lease renewal for the Ronald McDonald House.<br />
Motion:<br />
Approve execution of Lease on the land occupying the Ronald McDonald House on Moye<br />
Boulevard to Children Services of Eastern North Carolina at Greenville, Inc.<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner David Hammond.<br />
Discussion:<br />
Ms. Phyllis Flye, Ronald McDonald House Director, was present to answer questions. She<br />
stated that the house is funded by the McDonald’s Corporation, PCMH and contributions<br />
from the local community. They have an 18 member board with six members from each<br />
section. Families pay $10 per night if they can afford it to stay at the house. They have 18<br />
bedrooms and typically have 80% occupancy. Over 500 families stay each year. The<br />
families must be referred by the Hospital or the doctor’s office.<br />
Motion Passed Unanimously.<br />
<strong>Pitt</strong> <strong>County</strong> Greenway Plan James Rhodes<br />
Information Provided with the Agenda<br />
Over the past year and a half, Planning staff and the East Carolina University Planning<br />
Program have developed a <strong>County</strong> Greenway Plan (see Attachment 1 Executive Summary).<br />
The plan is an extension of the City of Greenville's Greenway Plan that was updated in <strong>20</strong>04.<br />
The <strong>County</strong>'s plan proposes to establish approximately 215 miles of linear parks throughout the<br />
<strong>County</strong> to link various communities and points of interest (e.g., schools, recreation sites, etc.). Of<br />
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this total mileage, about 90 miles are recommended as conservation areas with little to no<br />
improvements. Over 115 miles of active recreational trails are proposed. Design standards for<br />
the trails range from gravel to asphalt surfaces, depending upon community preference and<br />
funding availability. Just over 50 miles of the greenways are proposed along the travel ways of<br />
designated drainage laterals. Also, nearly eight miles of sidewalks are proposed within some of<br />
the towns (see Attachment 2 map).<br />
Since the proposed greenways are proposed primarily on private property, landowners<br />
consent and approval is vital for plan implementation. In addition, the <strong>Pitt</strong> <strong>County</strong> Drainage<br />
District Commissioners must agree to allowing the trails along the travel ways of the drainage<br />
laterals.<br />
The plan has been presented to the town boards of the six municipalities which have<br />
significant greenway segments proposed within their jurisdictions. All six boards have adopted<br />
resolutions of support for the Greenway Plan (see Attachments 3, 4 and 5). In addition,<br />
presentations have been made to various civic and recreation groups (see Attachment 6).<br />
Planning staff will present an overview of the plan at the <strong>February</strong> <strong>20</strong>th meeting and<br />
request that the Board adopt the plan.<br />
Staff Recommendation<br />
Adopt the <strong>Pitt</strong> <strong>County</strong> Greenway Plan.<br />
Manager Comments<br />
Plan.<br />
Concur with the Planning Director's recommendation to adopt the <strong>Pitt</strong> <strong>County</strong> Greenway<br />
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<strong>Meeting</strong> Notes<br />
Mr. Rhodes gave an overview of the greenway. He stated the vision, goals and<br />
objectives of the plan. He said this have been worked on for a year and a half. They formed a<br />
partnership with ECU. He recognized Al Burne from ECU and said he and his students have<br />
been instrumental in pulling this plan together. This plan has a twenty year horizon. Alice<br />
Keene's office has worked on this draft also. He said the bulk of funding is coming from the<br />
Metropolitan Planning Organization. The City updated their plan in <strong>20</strong>04. This Greenway is the<br />
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first one for the county. Greenville and Grifton have a greenways plan. Six municipalities are<br />
included in this plan and have linkages as requested by the municipalities. All the town boards<br />
have offered a resolution of support for this plan. He said they have heard from the Drainage<br />
District commissioners tonight (during public addresses). He said he hopes it can be a<br />
compatible use with the drainage districts. They hope to have recreational trails. Greenways are<br />
linear corridors, they can be natural or undeveloped. There is a transportation option. The<br />
document provided to the board included a wealth of information. There is a link between<br />
communities such as school sites to recreational areas. There is <strong>20</strong>0 miles in total with some for<br />
conservation.<br />
<strong>Pitt</strong> <strong>County</strong> Greenway Plan<br />
Over the past year and a half, Planning staff<br />
and the East Carolina Planning Program<br />
have developed a <strong>County</strong> Greenway Plan.<br />
This plan is an extension of the City of<br />
Greenville’s Greenway Plan that was<br />
updated in <strong>20</strong>04.<br />
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Greenway Planning in <strong>Pitt</strong> <strong>County</strong><br />
This is the first Greenway Plan<br />
for <strong>Pitt</strong> <strong>County</strong>.<br />
<strong>20</strong>02 <strong>Pitt</strong> <strong>County</strong><br />
Comprehensive Land Use Plan<br />
includes goal for developing a<br />
Greenway Plan to establish a<br />
countywide network of<br />
greenways in the <strong>County</strong><br />
The City of Greenville and Town<br />
of Grifton both have existing<br />
Greenway Plans<br />
Coastal Carolina Trail Railto<br />
Trail Program<br />
NC Mountain to Sea Trail<br />
<strong>Pitt</strong> <strong>County</strong> Greenway Plan<br />
The plan has been presented to the town<br />
boards of the six municipalities which have<br />
significant greenway segments proposed<br />
within their jurisdictions. All six boards have<br />
adopted resolutions of support for the<br />
Greenway Plan.<br />
Presentations on the proposed <strong>Pitt</strong> <strong>County</strong><br />
Greenway Plan have also been made to various<br />
civic and recreation groups.<br />
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<strong>Pitt</strong> <strong>County</strong> Greenway Plan<br />
Since the proposed greenways are proposed<br />
primarily on private property, land owners<br />
consent and approval is vital for plan<br />
implementation.<br />
In addition, the <strong>Pitt</strong> <strong>County</strong> Drainage District<br />
Commissioners must agree to allowing the<br />
trails along the travelways of the drainage<br />
laterals.<br />
The Vision<br />
“To establish a countywide<br />
network of<br />
greenways that will allow<br />
<strong>Pitt</strong> <strong>County</strong> residents to<br />
protect and enjoy the<br />
natural environment,<br />
increase recreational<br />
opportunities, while<br />
adding to the longterm<br />
economic vitality and<br />
sustainability of the<br />
county.”<br />
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Map of Proposed Greenways<br />
214 miles currently proposed<br />
14 miles in City Limits<br />
44 miles in ETJ<br />
154 miles in unincorporated<br />
areas<br />
90 miles of conservation<br />
greenway<br />
115 miles of recreation greenway<br />
(50 miles of recreation greenway<br />
based on use of drainage laterals)<br />
City of Greenville greenway plan<br />
proposed 105 miles of greenways<br />
Additional areas in the <strong>County</strong> are<br />
still in consideration to establish<br />
an improved network of connected<br />
greenways<br />
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Recommendations<br />
Local governments should use a combination of methods<br />
through land management, regulation, and acquisition to<br />
obtain their property for trails and greenways.<br />
Local governments should seek funding by combining<br />
private sector funds with funds from local, state, and<br />
federal sources.<br />
Local governments should seek public approval and input<br />
through various citizen participation methods such as<br />
public hearings and open house forums.<br />
Recommendations<br />
Land Owner Consent<br />
Subdivision Ordinance Amendments<br />
Zoning Ordinance Amendments<br />
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<strong>Pitt</strong> <strong>County</strong> Greenway Plan<br />
Recommendation:<br />
Adopt the <strong>Pitt</strong> <strong>County</strong> Greenway Plan.<br />
Fountain is also very interested in being in this process.<br />
Motion:<br />
Adopt the <strong>Pitt</strong> <strong>County</strong> Greenway Plan.<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner David Hammond.<br />
Discussion:<br />
Vice Chairman Ward said that adopting this plan is to give the go ahead to plan the<br />
greenway. Mr. Rhodes said its the beginning of the implementation of the plan.<br />
Commissioner Hammond said the county is quickly becoming an urban county with<br />
greenways and recreation. Commissioner James said he disagreed. He helped build the<br />
Conetoe Creek project done in 1940 and some of this was in Edgecombe <strong>County</strong>. He said<br />
5 or 6 years ago there were alot of hunters and a 910 year old girl got killed on that creek.<br />
If the creek is opened up for people to walk along there it will be trouble because of<br />
hunters and other activities. Commissioner James said he has worked with the drainage<br />
districts for years. They will have to have the approval of the people that own the land. He<br />
said they will have to sell people on this and show them that this is what the county needs.<br />
Mr. Rhodes said they realize they will have to work with the communities and citizens. Mr.<br />
Rhodes said there would be no change in the Conetoe Creek area. Mr. Vinson said the<br />
Corp of Engineers makes requirements on these easements. He said they have a standing<br />
permit to go out there and they keep building in floodplains and its important to maintain<br />
these canals. In the early 1970s, they fought for 10 years in court. They have small<br />
travelways and they need to maintain them. Mr. Vinson said some of these easements had<br />
to be paid for and they are not going to give them up easily. These trails will be closed<br />
during hunting season. Commissioner Bowen said Commissioner James said no one had<br />
come and talked to him. Mr. Rhodes said county staff or staff of the recreation department<br />
will be the ones going out to meet with landowners. Planning staff developed it and<br />
brought it to the Planning Board for approval. Commissioner Bowen said he had calls this<br />
weekend and they said that people were out there working on it. He said citizens had<br />
heard that the county bought the property at Conetoe Creek so the citizens would be able<br />
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to use it but as soon as it was bought they locked the gate. He said Mr. Bulow told him<br />
this was because people were going down there messing things up.<br />
Substitute Motion:<br />
Table this item until they receive additional information (concerning liability issues).<br />
Motion made by Commissioner Glenn Bowen.<br />
Motion seconded by Commissioner Eugene James.<br />
Discussion:<br />
Commissioner McLawhorn said he received a call from someone with the Town of<br />
Fountain stating they were interested in being part of this program. Mr. Rhodes said they<br />
would be contacted and included if that was their desire. Commissioner Minges asked if<br />
the drainage districts ever give reports to the county. Mr. Vinson said the drainage<br />
districts are set up through the Clerk of Court or a Judge. The county collects the taxes<br />
and the landowners are paying for what work is done on the district. A report must be<br />
made to the Clerk of Court, before they can put an assessment on it. He said when<br />
projects were designed they were designed for farm land. He said then alot of<br />
development was put there. The laterals were put in for storm protection and a two inch<br />
rain would flood them out. They can maintain what was originally there. They need to get<br />
with the Corp of Engineers so they can enlarge it. At Highway 118, the ditch is at sea level.<br />
He said he would be glad to take any of the commissioners out and show them what is<br />
there.<br />
Mr. Elliott said this motion is just to move ahead with the plan. Commissioner Coulson<br />
said there sounds like there is a lot of work to do, so the motion just gives the authority to<br />
get started. Vice Chairman Ward said the original motion just gives them permission to do<br />
the things that have not been done such as going to talk to the drainage district<br />
commission. She said staff does not feel they can go out and get started until they have<br />
the board’s approval. Mr. Elliott said that this board would have to approve any<br />
easements and the staff cannot move this forward without the board’s approval.<br />
Commissioner Bowen asked how many more staff members will planning need to<br />
accomplish this? Commissioner James said there is no way they will get everyone’s<br />
permission. Commissioner Bowen asked how this board could vote against the drainage<br />
districts and the attorney needs to look into liability on these trails.<br />
Chairman Garris called for a vote on the substitute motion.<br />
Vote Record:<br />
Melvin McLawhorn<br />
John Minges<br />
Jimmy Garris<br />
Beth Ward<br />
Glenn Bowen<br />
Tom Coulson<br />
David Hammond<br />
Eugene James<br />
No<br />
No<br />
No<br />
No<br />
Yes<br />
No<br />
No<br />
Yes<br />
Total Yes Votes: 2<br />
Total No Votes: 6<br />
Motion Failed.<br />
Chairman Garris said the county needs a greenway plan and cannot just go out and take<br />
the land. This gives staff permission to go out and ask for support from these<br />
landowners. The county cannot infringe on private ownership or takeover drainage<br />
districts.<br />
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Chairman Garris called for a vote on the original motion “Adopt the <strong>Pitt</strong> <strong>County</strong> Greenway<br />
Plan.”<br />
Vote Record:<br />
Melvin McLawhorn<br />
John Minges<br />
Jimmy Garris<br />
Beth Ward<br />
Glenn Bowen<br />
Tom Coulson<br />
David Hammond<br />
Eugene James<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
No<br />
Yes<br />
Yes<br />
No<br />
Total Yes Votes: 6<br />
Total No Votes: 2<br />
Motion Passed.<br />
Teresa Garris Conditional Use Permit Extension Request James Rhodes<br />
Information Provided with the Agenda<br />
At its regularly scheduled meeting on September 12, <strong>20</strong>05, the <strong>Pitt</strong> <strong>County</strong> Board of<br />
Commissioners approved a request by Teresa Garris to rezone 1.23 acres from Rural Agricultural<br />
(RA) to General Commercial (Conditional Use) (GC(CU)), and granted a Conditional Use Permit<br />
to allow Motor Vehicle Sales (Used). Ms. Garris has requested an extension to the Conditional<br />
Use Permit in order to place the office on the property as shown on the approved site plan. The<br />
Conditional Use Permit will expire on March 12, <strong>20</strong>06, and conditions have not changed<br />
substantially enough to warrant a new application.<br />
Conditional Use Permits may be extended for periods up to six months if the Board<br />
concludes that: 1) the permit has not yet expired; 2) the permit recipient has proceeded with due<br />
diligence and in good faith; and 3) conditions have not changed so substantially as to warrant a<br />
new application. All such extensions may be granted without resort to the formal processes and<br />
fees required for a new permit.<br />
Attached is a copy of the Conditional Use Permit (Attachment 1), the extension request<br />
from Ms. Garris (Attachment 2), Section 3.17 of the <strong>Pitt</strong> <strong>County</strong> Zoning Ordinance which explains<br />
the process for time extensions (Attachment 3), a copy of the approval letter and findings of fact<br />
(Attachment 4), a map outlining the subject property and surrounding area (Attachment 5), and<br />
the site plan for the proposed sales lot (Attachment 6).<br />
Staff Recommendation<br />
Approve the request by Teresa Garris to grant a sixmonth extension to the Conditional<br />
Use Permit.<br />
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Motion:<br />
Approve the request by Teresa Garris to grant a sixmonth extension to the Conditional<br />
Use Permit.<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner David Hammond.<br />
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Vice Chairman Ward offered her support stating Ms. Garris has done what she needed to<br />
do up to this point. She said she did not think she should have to pay for another permit.<br />
Motion Passed Unanimously.<br />
Appointments to the <strong>Pitt</strong> Area Transit Board of Directors (PATS) Susan Banks<br />
Information Provided with the Agenda<br />
The North Carolina Department of Transportation requires representation from various<br />
organizations on the <strong>Pitt</strong> Area Transit Board of Directors. At their January 26, <strong>20</strong>06 Board<br />
meeting the members voted to add representation from the following groups in order to be in<br />
compliance with NCDOT requirements.<br />
Elected Official Commissioner Melvin McLawhorn<br />
Health Department Dr. John Morrow<br />
RPO James Rhodes, <strong>County</strong> Planning Director<br />
MPO Tom Tysinger, TCC Chairperson<br />
2 Atlarge Members<br />
This board also needs two citizens appointed as atlarge members. These positions are<br />
being advertised, however, the PATS board would like to recommend Robert Thompson, and<br />
Joyce Jones to fill the atlarge positions.<br />
The PATS Board of Directors requests that the <strong>Pitt</strong> <strong>County</strong> Board of Commissioners at<br />
their <strong>February</strong> <strong>20</strong>, <strong>20</strong>06 meeting appoint the abovenamed representation to the <strong>Pitt</strong> Area Transit<br />
Board of Directors for a term of three years.<br />
Staff Recommendation<br />
Motion to follow the recommendation of the PATS Board of Directors and appoint the<br />
abovenamed representation to the <strong>Pitt</strong> Area Transit Board of Directors for a term of three years.<br />
Motion:<br />
Motion to follow the recommendation of the PATS Board of Directors and appoint the John<br />
Morrow, Melvin McLawhorn, James Rhodes, Tom Tysinger, Joyce Jones and Robert<br />
Thompson to the <strong>Pitt</strong> Area Transit Board of Directors for a term of three years.<br />
Motion made by Vice Chairman Beth Ward.<br />
Motion seconded by Commissioner Eugene James.<br />
Motion Passed Unanimously.<br />
Appointment to the Adult Care Home Advisory Committee Susan Banks<br />
Information Provided with the Agenda<br />
Allison Phlegar with the Adult Care Home Advisory Committee is recommending that<br />
Doris Ward be reappointed for another term, if appointed the term will expire 4/<strong>20</strong>/08. She is<br />
asking that Sara Whitley be appointed to replace Stacey Hargrove, if Mrs. Whitley is appointed<br />
she will be filling an unexpired term ending 4/19/08. It is also being asked that Kay Rouse be<br />
terminated due to lack of attendance. She has not attending a meeting in the past year.<br />
Staff Recommendation<br />
Motion to follow the recommendation of Allison Phlegar with the Adult Care Home<br />
Advisory Committee.<br />
Motion:<br />
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Motion to follow the recommendation of Allison Phlegar with the Adult Care Home<br />
Advisory Committee.<br />
Motion made by Commissioner John Minges.<br />
Motion seconded by Commissioner Melvin McLawhorn.<br />
Motion Passed Unanimously.<br />
Appointments to the P.C.M.H. Board of Trustees Susan Banks<br />
Information Provided with the Agenda<br />
A.A. (Dick) Adams and Randy Royal are both eligible for reappointment of a second fiveyearterm.<br />
It is being recommended by Dave McRae, Chief Executive Officer, that these two<br />
members be reappointed for another term. If appointed, the terms will expire 4/2/11.<br />
**Randy Royal was serving as a county commissioner on this board. The board may<br />
want to consider appointing a current commissioner to this position.<br />
Staff Recommendation<br />
Consider reappoint of A.A. (Dick) Adams and Randy Royal to another term on the<br />
P.C.M.H. Board of Trustees.<br />
Motion:<br />
Consider reappoint of A.A. (Dick) Adams and Randy Royal to another term on the<br />
P.C.M.H. Board of Trustees.<br />
Motion made by Commissioner Melvin McLawhorn.<br />
Motion seconded by Commissioner John Minges.<br />
Discussion:<br />
Vice Chairman Ward said there was a time when this position was a commissioner seat<br />
but this was unofficially done. Commissioner Hammond offered to fill Randy Royal's seat.<br />
Amended Motion:<br />
Consider reappoint of A.A. (Dick) Adams to another term on the P.C.M.H. Board of<br />
Trustees and to appoint David Hammond to PCMH Board of Trustees.<br />
Motion made by Commissioner Eugene James.<br />
Motion seconded by Vice Chairman Beth Ward.<br />
Discussion:<br />
Commissioner Bowen said there was no policy for a commissioner to serve in this seat.<br />
Vice Chairman Ward said there was no official policy but just a recommendation.<br />
Commissioner McLawhorn said he has no problem with Commissioner Hammond serving<br />
but would like to check with Randy Royal first and see if he would relinquish his term.<br />
Substitute motion:<br />
Reappoint of A.A. (Dick) Adams and Randy Royal to another term on the P.C.M.H. Board<br />
of Trustees, however, in the case that former commissioner Randy Royal chooses not to<br />
accept the appointment, Commissioner David Hammond will serve in his place.<br />
Motion made by Commissioner Eugene James.<br />
Motion seconded by Vice Chairman Beth Ward.<br />
Discussion:<br />
Commissioner Hammond said Randy Royal is no longer a sitting commissioner. He<br />
expressed concern about the discussion.<br />
Motion Passed Unanimously.<br />
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Appointments to the Sheppard Memorial Library Board of Trustees Susan Banks<br />
Information Provided with the Agenda<br />
Joe Sullivan's term expires on March 1, <strong>20</strong>06. Mr. Sullivan has completed two threeyear<br />
terms on the Board and is not eligible for reappointment. Please find attached the list of interested<br />
applicants.<br />
Staff Recommendation<br />
Motion to appoint a new member to replace Joe Sullivan on the Sheppard Memorial<br />
Library Board Trustees.<br />
Motion:<br />
Motion to appoint Richard Ericson to replace Joe Sullivan on the Sheppard Memorial<br />
Library Board Trustees.<br />
Motion made by Commissioner John Minges.<br />
Motion seconded by Commissioner Eugene James.<br />
Motion Passed Unanimously.<br />
Commissioners' Comments<br />
<strong>Meeting</strong> Notes<br />
Commissioner Bowen expressed concern about the time and money being spent on<br />
certain projects.<br />
Commissioner Coulson spoke about the concerns of the Faulkner family (Silver Bullet<br />
Club). He said understood when he voted on the Sexually Oriented Adult Business Ordinance<br />
that this club would be grandfathered in. He said he does not understand why they have been<br />
put out of business. He said this needs to be reconsidered by this board.<br />
Commissioner Hammond said some of us have been in this county all our lives, have<br />
seen lots of progress since being on this board, and hate seeing these petty issues that divide us.<br />
He spoke of working in the downtown area as a disc jockey and winning honors and awards<br />
during times of racial unrest. He said he put Greenville on the map with his radio show. He<br />
stated his children were home visiting and they were having a great reunion. He said this board<br />
needs to look at the big picture. He stated he goes around this county trying to help people. He<br />
saved this county $163,000 during the flood helping out. He said he gives back to his community.<br />
He has given free funerals to help others.<br />
Closed Session<br />
G.S. 143318.11(a)(3)(6) Scott Elliott<br />
Information Provided with the Agenda<br />
G.S. 143318.11(a)<br />
(3) to consult with an attorney employed or retained by the public body in order to<br />
preserve the attorneyclient privilege between the attorney and the public body, which privilege is<br />
hereby acknowledged.<br />
(6) to consider the qualifications, competence, performance, character, fitness, conditions<br />
of appointment, or conditions of initial employment of an individual public officer or employee or<br />
prospective public officer or employee.<br />
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Staff Recommendation<br />
G.S. 143318.11(a)<br />
(3) to consult with an attorney employed or retained by the public body in order to<br />
preserve the attorneyclient privilege between the attorney and the public body, which privilege is<br />
hereby acknowledged.<br />
(6) to consider the qualifications, competence, performance, character, fitness, conditions<br />
of appointment, or conditions of initial employment of an individual public officer or employee or<br />
prospective public officer or employee.<br />
Motion:<br />
G.S. 143318.11(a)<br />
(3) to consult with an attorney employed or retained by the public body in order to<br />
preserve the attorneyclient privilege between the attorney and the public body, which<br />
privilege is hereby acknowledged.<br />
(6) to consider the qualifications, competence, performance, character, fitness, conditions<br />
of appointment, or conditions of initial employment of an individual public officer or<br />
employee or prospective public officer or employee.<br />
Motion made by Commissioner Melvin McLawhorn.<br />
Motion seconded by Commissioner John Minges.<br />
Ms. Burgdorff cited the closed session statutes.<br />
Motion Passed Unanimously.<br />
Return to Open Session<br />
Staff Recommendation<br />
Motion to return to open session.<br />
Motion:<br />
Motion to return to open session.<br />
Motion made by Commissioner Melvin McLawhorn.<br />
Motion seconded by Commissioner Eugene James.<br />
Motion Passed Unanimously.<br />
Mr. Elliott reported on the reorganization of Emergency Management Department.<br />
Name New Title New Grade/Step New Salary<br />
Noel Lee Emergency Mgt. Director 795 $63,143<br />
Sam Tyson Comm. Director 752 $50,548<br />
Greg Beacham<br />
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Asst Comm Mgr/Training<br />
Coord. 6819 $44,442<br />
Jack Cote Deputy Director – EMS 7012 $44,977<br />
Allen Everette Deputy Director –<br />
Fire Marshal 7014 $46,022<br />
James McCotter Fire Marshal 6711* $38,611<br />
Vacant Paramedic Supervisor 6810 $39,985<br />
*James McCotter’s Step was incorrectly reported as 679.<br />
Adjourn<br />
Motion:<br />
Motion to adjourn meeting at 9:55 pm.<br />
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Motion made by Commissioner David Hammond.<br />
Motion seconded by Commissioner Eugene James.<br />
Motion Passed Unanimously.<br />
Respectfully Submitted,<br />
Susan J. Banks, CMC<br />
Clerk to the Board<br />
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