189  CARTERET COUNTY BOARD OF COMMISSIONERS  REGULAR SESSION COMMISSIONERS BOARDROOM JULY 15, 2024 6:00 P.M.  Commissioners Present: Chairman Jimmy Farrington, Vice-Chairman Mark Mansfield, David Quinn, Chris Chadwick, Bob Cavanaugh, and Chuck Shinn  Commissioner Ed Wheatly was absent due to illness  Staff Present: Tommy Burns, County Manager; Dee Meshaw, Deputy County Manager/Finance Director; Gene Foxworth, Assistant County Manager/Planning Director; Ray Hall, IT Director; Sharon Griffin, County Attorney; and Lori Turner,  County Clerk  - Meeting Called to Order/Pledge of Allegiancelinyocation  Chairman Farrington called the meeting to order at 6PM. Commissioner Chadwick led the Pledge of Allegiance. Pastor' Wayne Warren of Hunter Quarters Church provided the invocation.  II. Conflict of Interest/Cell Phone Statement  Chairman Farrington read the following Conflict of Interest statement for the record: "In accordance with the State Government Ethics Act, it is the duty of every Board member to avoid both conflicts of interest and appearances of conflict. Does any Board member have any known conflict of interest or appearance of conflict with respect to any matter coming before the Board this evening? Ifso, please identify the conflict and refrain from any undue participation in the particular matter  involved."  There were no conflicts cited.  Chairman Farrington asked all of those in attendance to please silence their cell phones.  III. Adoption of Agenda  Vice-Chairman Mansfield made a motion to add to the agenda the Community College Board of Vice-Chairman Mansfield made a motion to adopt the agenda as amended. Seconded by  Trustees appointment. There was no second. The vote was unanimous.  Commissioner Cavanaugh. The vote was unanimous.    190  IV. Consent Agenda  1. Approval of the Board of Commissioner Meeting Minutes a. June 3, 2024 Public Hearing for the Budget b. June 17, 2024 Regular Session 2. Tax Administrator's Report/Release & Refunds/ a. Tax Administrator's Report for June 2024  NCVTS Reports:  Corferet County Tax Administrotion  aministrator Report as of June 30, 2024  2023 Tax Levx Datarcountoni: Totcl Levy: $55.922.1 18.02 Total Collectod: #94.782682.19 Uncolscted: $1.139.636.83 Total Collection Rate as of June 30,  30-Yesr Tax Laxx Detalls CaMatonta Totcal Collect toc for prior years hrovgh June 30, 2024: b. June 2024 Release and Refund Reports  -  Corferet County Tax Aoministration  June 2024 Release and  Report Al Jursdictons  As of June 30, 2024  June 2024CALL. Juriscile Total Rolocsos: $0 Total Number of Refuncis: 1 Total Amount in Refunds: $131.98 Total NCVTS Refunds: $3,829.66  Totaal  of Solia woste Releases: o C. June 2024 NCVTS Refund Report  North Carolina Vehicle Tax Systen Pending Refund Report  see E : :    191  a  : :  :  w      192  ses E :  3. Approval of the Classification & Compensation Plan  Update for FY2024-25  CARTERET COUNTY HIUMAN RESOURCES DEPARTMENT  Humheathss Patiasor  Tat 262  June: 28, 2024 TO: Carteret County Board of Commisstoners cc: Tommy Burns, County Manager From: RE: FY24-25 The updates that to FY24-25 Commissi sting ners gradet meeting the The Building Salary Code Plan i Cfrom grade 68 69) positions. otartine wil to late allgn hes positions for with our ne-s grade the ton grade 76). Theses grade changes winl  Daigte. Human Resources Director Plan  the changes for the Sherirs Office 911 17, 2024, along pard the include (froms arade changest 66 to to and Planning Buil liding II Cgrade, Code tion. This level Enford of certificationst Officers. for In ofs positions. along and Building Codes questing among theses  Assistant Social Services Director positions 15, 2024. at Board apgroved of Domr at  we within  with rea ting Building (from  ant Bullding Codes  and  PLOA  9961    193  4. Approval of the Revision to Article VII, Holidays and Leaves of  Absence, in the Personnel Policy  The County Personnel Policy can be reviewed by contacting the Human Resource Department    194  5. Approval of the Resolution and Supplement Agreement to Receive  Opioid Settlement Funds from Kroger  smmaw EARaa  y  Souw Biteman RVaSS since  opioic - es a  ors : 7  ERCi R   - B : opioid wV epidenste A:  has a ois - w: aa a li -3 E 5  CSAA3 provicte he eqsisab B sostomons nads o aevas: he SS M aS ME  sninns R   * RS n the sos  liven of simte te : a  Nowh nom o  e - orts mc tslenlly nod b: ase; or irvss. as   in  Cao  he  Co. CKrosor as  E nd Nor Corotn : an svodistin os Comy et te -  S som : i a Mors E Cos ane mbate the non Cpus: 2E  nand L do Sias  ins mu ipso  soen sve so  Lori  Clovke to the August 10, 2024  6. Approval to Designate the County Manager as the Voting Delegate at the NC Association of County Commissioners Annual Conference, 7. Approval of the Moffatt & Nichol Design Contract Amendment Request  for the Carrot Island Living Shoreline  A2985  R    195  oe 10.  i SEowE $9.280 lain  laalow i  per t mal lo - G  EaRs ole  Fres OE der  Sersess  8. Approval of the Contract Amendment with Moffatt & Nichol to Include Water ExchangelFlushing Model and Bird Survey for the Western  Carteret Boat Ramp Bugone Dircotor DATE: June: 27.: 2024 TO: Cartorot County Board of Commissioner Tommy Burnm, County Maneger FROM: Eugonel Foxworth, Asststant County Manager RE: Contract Na of Constal Manag As modelingt we try for ap our 10, for tho roqueating approval  PLANNING AND DEVELOPMET  rice  MEMORANDUM   d keded  with Moffat & Nicholt to include Flushing Modeling. /Bat and woodpecker Survey  has recelved permits both the NO the constr of uction. and eys qu for attached with brief nerrative of Amendment: along  of Wator the to provi Regional ide Nccess. is  to County   horizatton adcitionals for o $7. Managor for execute aupportam the  Pleasel let me ir> you have any questions.    196  ai of fon R8s x ::  à. ons. lonst e ive E  maport WE Be  mE  mapa w : vamsse  26.800  E support  15 a  y  T9 AGREEMENT Morcatt 8. Nichor For  Erajast  al  in deu  6.  R  9. Approval of the' Western Carteret Regional Boating Access Archeological  Survey  PLANNING AND DEVELOPMENT  Eugene Foxworth Director  Beaufort Office Phone 252-728-8545 Western Office Phone: 252-222-5833  MEMORANDUM  DATE: July 2, 2024  TO: Carleret County Board of Commissioners CC: Tommy Burns, Counly Manager FROM: Eugene Foxworth, Assistant County Manager  4  RE: Approval ofi the Western Carteret Regional Boaling Access Archeological Survey Agreement As you are aware the County has received permils from botht the NC Division of Waler Resources and the NCI Division of Coastal Management: for the construclion ofl the Western Carleret Regional Boating Access. As wer move lowards bring this project to the bidding and consiruclion phase one ofl the Stale requirements is that we conduct and/ Archeological Survey. Please find attached the agreement to dos so. lam requesting approval ofl this Agreement along with authorizalion for the County Manager to execute the same.  Pleasel let mel knowi if youl have any queslions.    197  assIsess Sarotinn 27520  12 September 2023 Ma BE SSt Morohond City. NNSs 28557 Subjcot: Dear Doug. Elsc B o Ws aren  : X niso OIEENC ME a imcis thnr or:  potentini anc Praject) avests counEs voush: the, Jorth S R invostigs an nns ae long, PaRaU 0R5 aar exposoc lvis alyses l o underte gs ci kcer desoribed ndvicuniyt oAE ivans included the prajece weport. Ans SHPO  Carteret cOSE C e a  er ngut. ao ow As ogist, F the) Baci  alsoussed) beiow. co Saekss e ncxoss ores. Hihvay  North Caroitnn for Ao ehootonton As E, S consuitnti sien, €  is Micid and anei con bCSEO anc of sis losient iec Rold ERGE. EhnE lscio portions of aad  along dinmeter. AI n shosh a: mimism mschine o by be blocs E of Jooumentss oceming- aac identifientions ofall rifncEs. be The aruifinces will Ftare to the dosical inchude imcliv Foxs to review.  Survey ofahe Wont Ramp ract, te oporisy : provides you  ck Rases Bnoks gound researet: consist ad ofs Leure eviev of eutrral a1cRIG8 1 ised DMosine Aa C000 et i801 400 R senss  may. prosene hell icidons  des -  osion e  the en P : bed as AHe * Mint poe Empct Mr. ending: imect sosts be a, Besst 30: Shovet sesting wila b mppiemented ls Mr. Mr. shovel requcsted SE ch block vi be hovel shaved any date aEL be recovered fom select fontu es Eubjected aad organic will processed as mpproprinte. AawewAS willi ineludte the wnl bes condsoted  to ovice, adies gunts nge infors ati andations for identined alnecto Morth chncolosioni. site forms oroin wils 5e predos o EBse ed he artifhcts win e: igntio sise.  Io aneects mpaced meter apart. Shovel  be ccavnted aE  wil to  of elais overed deser i plan catel phases hiss om e   This fo: Deed be sreted Cif for for cansvoE  Praieet DommaMoN wwan resalt i the production resoees of  lnve. wins be disusst, incopor ated into  a roport. tinll eioent achncolosical iF is BOE possible, commendaton for fiat her you, behalr Dave. wwi I MA ovid de Incorporatea yo wieh pacsagel in the Final incls seport. Copies aequired OE final eport wI be  ofehes denfes report be: C as cost this Phnse I  sit wilt be $60.437.50.  be avare E this ctoes 3o iontion Imclde the be  cost coess fox olaine wills cordiae and persto ati oi the costy is uable field we Tho those, Reldwvore wini, the ce apl wvork. Plense Bo dos"E hesitate palete. he to dft repors aE C91 19) 553 9007 ctec aE: you have any  oF  abowt this project.  Davs Reid F2 resictesse  Approved Shore Manager J.Ryan C252) 241-3264 Ryan.daver Memorandum To: Carteret County Board of Commissioners (CBOC) From: Ryan Davenport Date: June: Engagement. 28, 2024 Agreement with Ward and Smith Re: provide legal services associated, on proposed could dramatically to be placed affect how Bogue Bogue Inlet uS is  10. Approval of the Engagement Letter Extension with Ward and Smith for Assistance with the Coastal Barrier Resources Act  Shora protection office proImGihabaBGh, com  The attached document is an, Engagemens. Letter Resources extension with (CBRA) Ward and layer Smith to This designation could prohiblt the placement of beneficial sand 2005 onto would adjacent become Bogue beaches. A potential relocation of Bogue Xnlet as was and done ever. in complicated permitting problematic. The: combination, of lost federal the funds decade if this more issue is left unresolved.. could cost the "Beach Fund" millions a over $500/month. next reduction in monthly retainer. The Beach This Commission: year: our voted office unanimously has negotiated. to support this engagement during IEs regular meeting on  Inlet with by a Coastal Fish Barrier and  A CBRA Act layer in Bogue Inlet funds are used. Banks  and how  June 24, 2024.    198  ARDAND: SMr ITIPA.  E3322312  Mas 30, 2034  SIA EMMAIL M.3 gonts Sloae B8 Bos Hmexmla: Tale. 2a 28594 RIC: Rgasa: 21 2022. BorinninE. uly 1. x aaac  phamse Wa loole ARDAND Mas 30, 2024 Page  Office  Bench bgr the 00BO Cumlons: bs ho d to havingr thc  eeed upon to becin to Ro a to  1, 2024. the pca ix. maonth to 2000 56000. srou mnd thc  ons Aat  be  th  Natue the arac Soopo of: RoPromamsAHoN mabjoot to muEMal Eroemone. A1  If: son have ans queations ogaxding thie mattex. plense do not hesitato to comtact  Sincorely.  A - Mlce  Mombex o  Read and aExeed. B3: Appxoved: 33:  Bemch Commimsion  Ra DAvonporE SGONEIVe Divectos Gaxtorot Oounts 3omxct of Commimmionen  axximrton  11. Approval of the Resolution Awarding Retiring Deputy Sheriff Dennis Barber His Badge and Service Sidearm  romyy .BU SM n Lon  AWARDING RETIRING Dennis Barber may,  AND SERVICE SIDEARM TO SHERIFF. Dennis B3ar Barber has. deputy sheriff with the Carteret County: and P that retiring the County: and retiring ember the service rdlance with the ERR of County  25  of Sheriff's Office.  law or  enforcement and WVERE, AS. NCGS by WMEREAS. NCGS may., disoretion. Wesson 2.0 Seriel in Commissionar that, in above referenced service his  his lfe and caree er to law enforcement their rotirement, the badge provides. the soverning body of the county with is officially declared 17F-20. as the. surplus. folling weapon: Smith &  of ounty lav of such that the badge  NOWV. THEREFORE. BE IT RESOLVED. the Carteret County Board of  Dennis  be transferred to him in honor of  ADOPTED. this the 8th day of July 2024.  Jimmy ington, hairman Carteret County Board of Commimsioner  Lori Turner  Clerk to the Board of Commissioner Services Agreement  12. Approval of the Comprehensive Disaster Recovery Management  Due to the size of the document, it has not been included ini the minutes. A copy can be reviewed  by contacting the County Clerk.    199  Commissioner Chadwick made a motion to approve the consent agenda. Seconded by V. Boys and Girls Club of the Coastal Plain Presentation Regarding  Commissioner Quinn. The vote was unanimous.  the Youth Voice Summit on August 9, 2024  Ms. Andrea Nix, Senior Vice President of Operations and Programs fori the Boys & Girls Club of the Coastal Plain, stated it was her pleasure to introduce Ms. Stanley who will represent Carteret County in the Youth Summit at the. August NCACC Annual Conference. Ms. Stanly is a rising 10th grader at East Carteret High School and a member of our Beaufort Club. Ms. Stanley stated her goal for her future which is to attend UNC and thanked the  Commissioners fori their support. VI. Public Comments  Mr. Nelson Paul, 307 Misty Grove Circle, Morrisville NC. Mr. Paul stated he and his wife split their between Morrisville and his ancestral home Down East. They both are graduates of East time Carteret High School. Back in January he sent a petition to the County Manager to be presented to the Carteret County Board of Commissioners. This petition was made via N.C.G.S. 136-62. This statute allows a citizen to petition the NC Department of Transportation to make additions to the State Transportation Plan through the County Boards. This petition involves a proposal to  that  from Highway of  70 at the corner of East Carteret High School to intersect Farm Road. This petition pleads this new route is  create highway goes  with Highway 101 at the vicinity Wright  due  tides  for relief from the constant highway flooding that occurs in this area to king necessary and storm surge. Flooding int this area is a safety risk of great importance. Highway 70 is the only in and out of Down East. l'am seeking to have this petition included in the current update of the Carteret Comprehensive the petition to the Carteret County Transportation Committee to see their comments ended. We have heard nothing since then. There may be a legitimate explanation; has been five months. According to the law, I am entitled for this matter to be heard by you, elected members oft the Board of Commissioners. You were provided a copy of this petition by the  way was referring  Transportation Plan. Back in January the County Manager said he Commissioners. On February 24, 2024 we met with the  before submitting to the County Transportation Committee and we were  allowed to  the project but that is where the trail  explain  however, it the  of weeks ago after the agenda for this month's meeting had been set. I am guidance as to the process and schedule so this matter can be heard.  Clerk a couple respectfully requesting  Chairman Farrington stated we are going to direct you to the NCDOT. Thank you sir. Deidra Ramsey, 114 Straits Road, Beaufort. I am a volunteer with the United Sovereign Americans. Today I come to you as a concerned citizen sharing alarming information about Election our voter database. Our audit of the 2022 election using only official data provided by State Officials shows that the 2022 election may not have been accurate or legally compliant. We The are not saying one candidate won over another, or that any election should be overturned. not all valid and State's official data from a certified election shows that the votes as counted were accurate under the law. Tonight we will present you with a resolution demanding an inaccuracy make it clear that these issues must be taken seriously. We come to you for support and action  end to the  and uncertainty plaquing our elections. It is essential that you as our representatives  for this resolution. Our next three speakers will read the resolution.    200  Ronnie Daugherty, 310 Old Nassau Road, Williston read the first section of the resolution as Shirley Redford, 534 Park Meadows Drive, read the second section of the resolution. Barbara Smith, 229 Hickory Shores Drive, concluded the reading of the resolution.  stated by the previous speaker.  Bryan Nicklow, 1502 Salter Path Road, stated you have just heard a powerfully written resolution outlining inaccuracies in our 2022 election from registration through certification. Ini it, you heard us ask for meaningful remedies that will proactively protect the validity of the 2024 general election for all Americans. We need certainty in our elections. The voting system which controls our most important right to choose representatives is not producing an accurate, trustworthy result. I urge you to show your agreement by passing the resolution. The website with this resolution and other Robert Harper, 1020 Broad Street, Beaufort. Mr. Harper stated large numbers of Americans have questions about the trustworthiness of our elections. Our right to choose our representatives via legally valid and transparent elections is the foundation upon which our constitutional republic is  information is wwzuntedfreedom.com  established. Please support this resolution. Thank you.  VII. Public Hearing: Road Name Addition: Kimeplex Park  Ms. Maureen Dougherty, Carteret County GIS Specialist, stated this is a request to add a name to the access of a commercial park under construction. The proposal is for Kimeplex Park located off of Highway 24, just outside of Morehead City limits. It would serve twenty units, and we are Vice-Chairman Mansfield made a motion to go into public hearing. Seconded by Commissioner  seeking approval to add this street to the 911 network.  Shinn. The vote was unanimous. There were no public comments. Shinn. The vote was unanimous.  Commissioner Chadwick made a motion to close the public hearing. Seconded by Commissioner Commissioner Chadwick made a motion to approve the Kimeplex Park road addition. Seconded  by Commissioner Shinn. The vote was unanimous.  IPORMATION  Fgmal Hall, cacio o: This tne Th road M. be re  Toohnology Kimnn  kimeptex Som  of  Park.  has hes    201  NFORMATON TECHNOLOGY  252-728 8506 ray. hallecar cart  Ray Tbirocton Hall, CGCIO formation Technology  PUBLIC Carolina NOTICE General Statutes the. Carteret County  of  commmtongan Pursuant to Chapter hold 153A blic 239, hearing 1 of the North, July Square 2024 at in 6:00 Beaufort: p.m. to: the consider Board: of the Commi Road issioners Name: Addition  Kimeples com in Park: Administre in ration Bullding City: NO. oour thc Department/ of the propose GIS located changes, at the Old Administration public Inspintios Sullding. 302  ne: rteret Square, County' informatton, Beaufort, NO. echnology  Ray: information Hall Technology Director  Garteret nday. County July 7.3 2024. News- Wednesday unday. July July, 2024 2024 Street Kimeplex Manne Addition: Paxk  VIII. Public Hearing: Request to Apply for the 2024-25 North  Carolina Public Beach and' Waterfront. Access Grant Program for the Straits Water Access and Fishing Pier Improvement  Project Mr. Gene authority to apply  Foxworth stated this a requirement of the grant to seek the Board's support and for these funds. This is for the Straits boating access. About five years ago  that island and bridge. The total grant funding is  we entered into a agreement to assume $225,000. It has a $75,000 local match. Chadwick. The vote was unanimous. There were no public comments.  Vice-Chairman Mansfield made a motion to go into public hearing. Seconded by Commissioner    202  Commissioner Chadwick made a motion to go out of public hearing. Seconded by Commissioner Chadwick made a motion to apply for the 2024-25 grant for public beach and waterfront access. Vice-Chairman clarified the motion was to approve the resolution to apply for the funding for the Straits Water Access and Fishing Pier Improvement Project and then issued  Commissioner Quinn. The vote was unanimous.  the second for the motion. The vote was unanimous.  PLANNING ANJD DEV  Moice Ehons 282-222 835  MEMORANDUM Board: of Commimsionere rogram for the is GV  mp noy na a vious ations B advertieed in Oounty  DATE: To: Gartoret Sern E  RE: Eugens to: onsider County omment Manager County Manager scuss 6. Pimnning  2024-2035 Fiahing Pler Publio a  : 2 wRb for threan n hiet  in - pS e of Do op  at this for by Btafr la  Brage that  IX. Public Hearing: Request to Apply for the 2024-25 North Carolina Public Beach and Waterfront Grant Program for the West Beaufort Water Access Improvement Project  Mr. Gene Foxworth stated this is the same water access grant but it requires a total of $100,000 of local matching funds. The total grant is $400,000. It will add 16 parking places at this very busy Commissioner Chadwick made a motion to open the public hearing. Seconded by Vice-Chairman  boating access.  Mansfield. The vote was unanimous. There were no public comments. Cavanaugh. The vote was unanimous.  Commissioner Chadwick made a motion to close the public hearing. Seconded by Commissioner Commissioner Chadwick made a motion to approve the resolution to apply fori the public beach and waterfront grant for the West Beaufort Water Access Improvement Project. Seconded by  Commissioner Shinn. The vote was unanimous.  PLANNING AND DEVELOPMI ETT  Eugane' Foxworth  ome  MEMORANDUM  DATE: To: July 16, 2024 County Board of Commissioner  PROM: co: RE: Roquest and to tprovs Garteret Dano BPR the question This publio ne thats meeting your may has  Foxw County Manager County Manager 8 Planning Direator  and  making for the west Beaufort to the are for vonicien a Ro na the  Norh Caroiina the opponunitios - this for use  tos and topment! ls requoating: Gra rupon end e: eppig fori funding through Project. tho  yak' launch. Tho nities  e projecti puR in  of B2-  in the Oarteret County Nowa Times. is happy to answer any    203  X. Public Hearing: Request to Rezone a 13.14-acre Parcel Located at 825 Russells Creek Road, Beaufort NC, PIN: 639804942257000) from R-15M (Single Family Residential) to B-1CZ (General Business Conditional Zoning District)  Mr. Gene Foxworth stated this is a conditional zoning request. There are a number of specific uses that the applicant has asked for, including mail order house wholesale, warehouse office,  business. There were 37 surrounding property owners notified. We received  wholesale with retail two objections and no no-objections.  The Planning Commission met on 10 June 2024 and voted 6-  Ounanimously to recommend approving this request. Cavanaugh. The vote was unanimous.  Commissioner Chadwick made a motion to open public hearing. Seconded by Commissioner Commissioner Chadwick asked if there was a particular use the applicant is asking for. Mr. Foxworth stated they intended to do wholesale parts sales at that location. Commissioner Cavanaugh made a motion to close public hearing. Seconded by Commissioner Commissioner Cavanaugh made a motion to approve the rezoning from R-15M to B-1CZ.  Quinn. The vote was unanimous.  Seconded by Commissioner Chadwick. The vote was unanimous.  was read Gene Foxworth, stating the request is consistent  The statement of plan consistency of the by CAMA Land Use Plan because it is adjacent to light because neighboring properties consistency as stated by Mr. Foxworth. Seconded by Commissioner  with the goals, objectives, and policies industrial wholesale and it is very low impact use. Itis approve the statement of plan Shinn. The vote was unanimous.  reasonable and in the public interest  motion to  are zoned LIW. Commissioner Chadwick made a  PLAMNING AND DEVBLOPMENT  Eug GP Foxworth  8Mo orrice  222  MEMORANDUMA  DATE: TO: July Carteret 15. 2024 County Board of Commissionere co: FROM: Eugenet Tommy Bunns. County Assistent County' Manager: located & at 825  Greek Road Beaufort. NC. 28516 (PIN: 14- parcel located at 825 Rus ell that have been agreed to Dy the property  Request rezone a from 13.1 R-16M acre parces Bingle-Family Residential District) to B-1 1CZ (Genoral Business Gurrenthyn the liings Proparty to East. vacant' and ingle- family ings si the South, zoning and to the East and West,  Conditional: Deluca on 1CZ Businoss The:  Distriot  le  s roon  CPI :: 6308 quea85: from  Ts (Singie-Famiy aidontial District) to B-  vacant. Zoning Itis suroudole by farm land and. sinote is aurounded! R-16M and LIw zoning to the North, R-15M  dwettingt to tho. to North. wVost.  R-1 15M praneo's R- zoning to incluctes EGe certain site- apecifo  This conditional These condiuons zoning request: include subjoct property is aituated within 37 surrounding property owners nave  to the foltowing usos:  order (oe ng (general)  wholosale wien related retall Limited Transition CAMA! Land Plan: classificatlon Aroas include  perion  during the five  IMA to ten yoars. TS requesti consistent been with notified. CAMA To and Use starr Pian. has recoived: 2 objoctions and o no objecttons.    204  Ati its meeting on. June 10, 2024 the Planning Commission voted 6-01 to unanimously recommend approving the rezoning request for a 13.14-acre parcel located at 825 Russells Creek Road Beaufort, NC 28516 (PIN: 639804942257000): from R-15M (Single-Family Residential District) to B-1CZ (General Business Condittonal Zoning  District)-  Staffi is happy to answer any questions that your may have.  REZONING APPLICATION  Appllcant:. Mlckal2-k Address: 42a Amae KeKc tsc 38316 Telephone:, $7 85 S34, E-mail:. CAriendeca  Owner (ir not Appilonne):. Signature:, Date:, 6 (E-  Mefft 1  E4 Bmnt MGSI6  Telephone:, 71 - 1112 1048 E-mail: DEPadscon  N  Property addressi location:: 3R5 ssels Ceke rNe 28516 PIN: 6578 o4st 424x70 Current Zoning:. 7715A7 Proposed Zoning:. a2<2  Please: MVxect Cs 6.4 lresy N 0 53 s Bceta AERccEr - CS csh crhiest 2a) cec haorse Lacss lcsas AE Malesle ekked ae hail houstaess 7. a-is C Russe is <et 1 Mh.  why the; rezoning that yous are requesting ls warranted:  Miark sEsler besyacss  - pes h as - A isk  S pat  e  aseka a   LEs  >  5 uc  SBPMAAMAeYS  PCr:  6  Scieening* busarins to mec Conmivy vaucrds    205  E  E  E  suBu  Michael Deluca and George: Moffitt Rezoning Request R-15M and B-1CZ 825 Russells NC: 28516 Road PINS: 639804942257000 Vicinity  Aerial Map  Property  XI. Public Hearing: Request to Rezone a 3.04-acre Parcel Located at 210 Taylor Farm Road, Beaufort NC, PIN: 730704627279000) from R-15M (Single Family Residential) tol I-W (Industrial and Wholesale District)  Mr. Gene Foxworth stated Mr. Rhue is requesting to rezone the parcel from R-15M to I-W. This is not a conditional zoning. Currently the subject property is occupied by various construction material, mobile homes, trailers, and vehicles. It is surrounded by farm land to the north and south, single-family dwellings to the east and west. It is also located in the Town of Beaufort ETJ and in the limited transition CAMA Land Use Plan classification. 28 surrounding property owners have been notified. We received 4 objections and zero no objections. At the 10 June 2024 meeting, the Planning Commission voted 6-01 to unanimously recommend denial of this request.    206  Vice-Chairman Mansfield made a motion to go into public hearing. Seconded by Commissioner David Parker, 123 Courtney Lane, Beaufort. Ilive beside this property, and we have dealt with this mess for 35-years. He shared pictures of the subject property and stated it was noting but a garbage dump. We have children who play ini this area and Iworry about their health. lasked that Bobby Strickland, Attorney from Havelock. Irepresent Jeff Scott Taylor who owns multiple surrounding properties. He brought to me back in May copies oft the request for Mr. Rhue to have his property rezoned. On Mr. Taylor's behalf I filed six objections. Ido mirror a lot of what Mr. Parker just said, but what I put in my letter is that this subject property is in violation of the current zoning of R-15M. It has been in violation for a while. Iti is my understanding from Mr. Foxworth that the County is still int the process of issuing violation notices to Mr. Rhue and this rezoning request is an attempt to avoid those violations by asking you to approve what he has already been doing. The thing is, it is not compatible with R-15M. He is asking for permission to put a junkyard in a residential area. The first thing iti is going to do is devalue all of the surrounding homes. They are already subject tot that because Mr. Rhue is in violation of the current zoning. Next, we believe some of the stuff he has put out there has leaked into the groundwater. On the violation notices he was sent, what should be added to that is he needs to do a phase one to find out what has seeped into the groundwater. Iti is potentially an environmental hazard. If you let him turn it into a junkyard Mary Sasser Holloway, 3101 Arendell Street, Morehead City. Ihave a question. What assistance has this man been offered in cleaning this up? Its seems he should have been offered some negotiations and assistance to clean up the junk. It may be beyond his capability to clean it up. Vice-Chairman Mansfield asked Ms. Holloway if she was asking if the county should offer  Chadwick. The vote was unanimous.  each Commissioner go and look at this property in person.  itwill be a guaranteed environmental hazard.  assistance to someone who is breaking the law and in violation. Mr. Foxworth said this is an active code violation.  Commissioner Cavanaugh asked if any of the mobile homes or cars are severalable. Mr. Foxworth responded no. Commissioner Cavanaugh continued that this property did not get in this condition overnight. How did it get to this state without the county realizing this is a violation oft the zoning ordinances. Mr. Foxworth replied that it is out of sight out of mind where it is located, but when we Dory Ray Rhue, the owner of the subject property, stated I have bought and paid for my land and keep the taxes paid. Icannot do what I used to do by recycling and burning this stuff. The rules have changed. lam sick. Ihave heart trouble. Ican't hire help. lam not against what the county is asking me to do. l'ami trying. Ijust can't doi it overnight. l'am not trying to rezone to get away with anything. lam not against cleaning up this property, butl do want a little more time. Ihave received a notice that I am up to $200,000 in violations over four of my properties. I am trying to take the money I get from recycling the good stuff and using those funds to haul the bad stuff to the Commissioner Cavanaugh asked Mr. Rhue how much time he would need to clean this up. Mr.  did receive a complaint we went out and addressed it.  landfill. That money goes fast at $55 per ton.  Rhue said if you give me six months, I can have Taylor Farm presentable.    207  Commissioner Chadwick asked Mr. Rhue if he would withdrawal his application to rezone, and we give you six months to clean-up Taylor Farm Road and also work on cleaning up the rest of your properties as well sO the County does not have to try and seek any fines out of you. Attorney Griffin stated Mr. Rhue can withdrawal his application but we will have to research if the Vice-Chairman Mansfield stated he sympathizes with Mr. Rhue but we have to follow the law. Vice-Chairman Mansfield made a motion to go out of public hearing. Seconded by Commissioner Commissioner Cavanaugh made a motion to deny the rezoning request. Commissioner Chadwick asked ifMr. Rhue could just withdrawal his zoning request. Attorney Griffin said he could Mr. Foxworth stated there are multiple code violations. We have removed two of those violations from the list because Mr. Rhue has cleaned them up. We continue to work with him on all of these Vice-Chairman Mansfield said if we continue toi fine him and bankrupt him, how is ever going to clean the property up. Mr. Foxworth said I understand but what other options do we have. Commissioner Cavanaugh restated his motion to deny the rezoning request for 210 Taylor Farm Road from R-15M to I-W. Seconded by Commissioner Shinn. The vote was unanimous. Mr. Foxworth read the statement of plan consistency, stating the rezoning request is not consistent with the goals, objectives, and policies oft the CAMA Land Use Plan because junkyards violate the residential area and it is not a good policy. Iti is not reasonable in the public interest because it is a nuisance. The I-Wi is not consistent with the best interest of this county and the surrounding area. Commissioner Shinn made a motion to accept the statement of plan consistency as read by Mr. Foxworth. Seconded by Commissioner Cavanaugh. The vote was unanimous. The commissioners instructed staff to research the penalty fees and any grants available to Mr.  fines can be waived.  Quinn. The vote was unanimous.  withdrawal but we can't issue any conditions at this meeting tonight.  sites.  Rhue to help him get the properties cleaned-up.  PLAMMINO AND A  Beane' E: PKI 30 3 RIGM bx  o A bunet & the Limited a n i 27270000) amty aff happy to suestions you may have.  MEMORABDLM  County amtty 6. 210 lai Roac to Beaort. Cindustrial NO  CPIN: duri and o object denial of the wholesais  ReS asaist 81100 aw anau Ront B whnoie a  mt aT o omas:  s a   S e ve a  EME To E stefr recaived  to North. te Town of  pme uDe an. and 60 to unantmous  Tve  28 At murroundino on  ownera' >, nave Piannings boen notrad. ton    208  REZONING  Apptteane, 230 o Ray Rhus Ro  CF  Grass  NC 225516 2X 43  24 Rad PLg BParh NC 22516  ZI2 La    &  PIN:  2 5A  Ti  Doy Ray Rhue Rezoning Request R-15Mtow 2101 Seaufort, Taylor Farm Roact PINS: 30704427279000  Aerial Map  5 IFE  Property  XII. Manager's Report  Tommy Burns stated that Mayor Barber of Newport invited the Board to the Carteret County Coast Guard Community Association Appreciation Dinner. It is on July 27, 2024 from 5:301 to 9:00PM at the Civic Center. Dr. Greg Murphy, our Representative in Congress, is the keynote speaker.  XIII. Appointments  Consolidated Human Services Board: Commissioner Cavanaugh nominated Lindsey Creech as a Consumer/Human Services Representative for a 4-year term. Carteret Health Care Hospital Board of Trustees: Commissioner Shinn nominated Chairman Farrington for the Commissioner Vacancy to serve until December 2, 2024. All other vacancies were tabled. Approved unanimously. Juvenile Crime Prevention Council: Commissioner Cavanaugh nominated Jessica Mayo as the Parks & Recreation Representative for a 2-year term.  Approved unanimously.  Approved unanimously.    209  Carteret County Planning Commission: Commissioner Farrington nominated Mike Laws to reappointment to a 3-year term. Approved unanimously. Senior Center Advisory Board: Commissioner Cavanaugh nominated Cherry Tripp to reappointment to a 2-year term. Approved unanimously. Town of Morehead Planning Board ETJ: Vice-Chairman Mansfield nominated Daniel Fischler Sr. as the ETJ Representative to a 3-year term. Approved Carteret County Zoning Board of Adjustment: Commissioner Chadwick nominated Robert Buckley to an Alternate Seat with a 3-year term. Approved Carteret County Tourism Development Authority: Vice-Chairman Mansfield made a motion to remove. Amanda Gray from the TDA for missing three consecutive meetings. Seconded by Commissioner Shinn. The vote was unanimous. Carteret Community College Board of Trustees: Commissioner Chadwick nominated Otis Morton Congleton to a 4-year term. Approved unanimously.  unanimously. unanimously.  Son . Smro biteras CORS rd  TO: The following CONSS RET ahila tin  Board of Lori Turner 15, 2024  are noted for  at the July 15. 2024 meeting: Appointment to TRUSTEES : AGANGIESL ication  3-year torm. ppllcation SSON application term, application  JUVENIE TOVN CABTE  Appointment to  term.  ANNING  application and recommendation  mpplcation  CARTERET COUNTY TOURISM DEVLOPMENT AUTORITYIBEACH COMMISBION The Executive Director of the Carteret County Tourism Development Authority (CCTDA) has requested the Board teke action to remove Amanda Gray as the Realtor Representative from the CCTDA due to Ms. Gray missing three. consecutive meetings. Pureuant to the COTDAI Bylaws and in accordance with General Assembly Session Lawe 2001-381 and 2007-112, the Board of County Commissioners has the authority. to remove the appointed member after: three conseoutive absences, following notification, from the CCTDA. Removal from the CCTDA will also automatically terminate Ms. Gray's appointment. as the TDA Representative on the Beach Commission.  XIV. Commissioner Comments  Commissioner Quinn thanked everyone for coming out and congratulated Ms. Stanley for being the Commissioner Chadwick stated he liked the resolution that was presented in public comments about keeping our elections fair and transparent. Ido support that. Keep President Trump and the  Boys & Girls Club Representative. Ithink she is going to do a fine job.    210  other folks in your prayers. He just went through a recent assassination attempt. A Firefighter at the rally lost his life. It was senseless. Just because you disagree with someone politically doesn't Commissioner Shinn thanked everybody for coming out this evening. Iwill reiterate the comments made by Commissioner Chadwick. That was a tragic situation with President Trump. Please keep all of those folks in your thoughts and prayers. Ihope everybody enjoyed their 4th of July weekend. Ith has been excessively hot and will continue to be, sO please be safe. Stay hydrated and in the Commissioner Cavanaugh stated during the public comment section there was al lot of reading done on this resolution. Have we made a decision on this.. Vice-Chairman Mansfield responded that we could talk about it but we have not made any decisions. We just received the resolution tonight. Vice-Chairman Mansfield just reiterated all oft the comments of the other Commissioners, and I hope everyone had a happy 4th of. July. Ihope you enjoy the rest of your summer. If you are taking a vacation please be safe and enjoy it. Thank you all for coming and have a good night. Chairman Farrington stated he wanted to take a minute to recognize Commissioner Cavanaugh. He serves on more Boards than any of us up here. He puts al lot into what he is doing. Thank you Bob for all you do. lalso want to thank Mayor Barber. He retired as a Major from our Sheriff's Office. He is good man. He was instrumental in guiding me about the substance abuse issue in the county when Ifirst became a Commissioner. He has done al lot with his own time and resources when we didn't have the county resources we have now. As Commissioner Robinson said in the past "How much is too much," well there is always more we can do. But Mayor Barber stepped up when there were no resources to combat the substance abuse issue in this county. He has helped so many people and he has been an inspiration for me. We are going to miss him in retirement. I appreciate everything he has done for me. Please keep the victim and his family from the Trump rally in your prayers. Thank God we livei in Carteret County. lwould also like to acknowledge Congressman Greg Murphy for all he does for our County. He is an outstanding representative for this area. Thank you all for coming out. Ihope Mr. Rhue can get his property cleaned-up, that is not an easy task. Ihope we can help him. lalso agree with the resolution presented in public comments. Our next step will be us putting it on ai future agenda. We will discuss that later. Thank  mean you need to hate them or harm them.  shade as much as possible.  you again for coming out. XV. Adjournment was no vote taken.  Vice-Chairman Mansfield made a motion to adjourn. Seconded by Commissioner Chadwick. There  Po Blaf Jimmy Farrington, Chairman  ATTEST:  Ch - la Lori Turner, County Clerk