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2006-08-14 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 640 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 14, 2006, at 2:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; Deputy County Attorney Kemp Burpeau and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Rev. Michael Lewis, Associate Pastor of Wrightsboro Baptist Church gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. Public Information Officer Mark Boyer reported that the meeting would not be televised due to technical difficulties. Chairman Greer reported that Agenda Items 13.1 Public Hearing to Consider Text Amendments to the Sign Ordinance - Sections 93 and 94 and 13.2 Public Hearing to Consider a Special Use Permit request by Withers and Ravenel on behalf of Whiskey Creek Overlook, LLC, have been withdrawn. He also reported that Water and Sewer District Agenda Item 5 Consideration of Westhaven Water Line Extension - Request for District Participation and Approval of Associated Budget Amendment 07-013 has been withdrawn. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda and requested removal of Consent Agenda Items 2 and 3 for discussion. In discussion of Item 2, Tax Administrator Bob Glasgow responded to questions concerning the offer price of $44,000 made by Michael Nadeau stating that after discussions with Mr. Nadeau explaining how the fair market value was determined, Mr. Nadeau has revised his offer to equal the fair market value of $51,000. In discussion of Item 3, Deputy County Attorney Kemp Burpeau confirmed that the offered price in the amount of $65,000 reflects the fair market value as appraised by the Tax Department. Hearing no further questions, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on July 24, 2006, as presented by the Clerk to the Board. Consideration of Offer to Purchase Surplus Property and Authorization of Upset Bid Process - Legal Department The Commissioners considered an offer by Michael Nadeau to purchase 2.6 acres of surplus property, Deed Book BBB, Page 760, Book RRR, Page 46 and Book CC, Page 484 located adjacent to 142 Gordon Road in the amount of $51,000 and authorized staff to advertise the purchase for upset bids. County Staff has not determined any ongoing need to retain ownership of the subject parcel, and as seller, will have to bear the costs of preparing a current boundary survey for conveyance purposes, as no adequate description is available. Any proceeds will be directed to the Engineering Drainage Account. Consideration of Offer to Purchase Surplus Property and Authorization of Upset Bid Process - Legal Department The Commissioners considered an offer by Michael Powell to purchase surplus property located at 2003 and 2005 Corporate Drive in the amount of $65,000 and authorized staff to advertise the purchase for upset bids. The property was formerly used as a well site and is still encumbered with active service lines. The Engineering Department has requested that the buyer agree to delineate existing water and sewer utilities including easements addressing all District utilities through a survey paid for by the buyer. Ratification of Grant Application to the National Network of Libraries of Medicine - Library The Commissioners ratified the grant application submitted by the Library to the National Network of Libraries of Medicine for the Consumer Health Librarian to exhibit at the Retirement Living Showcase in the Schwartz Center on August 10,2006 in the amount of $1,000. No County match is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 641 Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports - Tax Department The Commissioners accepted the following Tax Collection Reports through June 30, 2006. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 8.1. Approval of Budget Amendments The Commissioners approved the following budget amendments: Bud2et Amendment Number: 07-007 Devartment: A2in2 BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Department of Aging - Medicare Transition Program, and that the following revenue is estimated to be available to meet this appropriation: Expenditure Temporary Salaries Supplies Employee Reimbursement Decrease Increase $ 4,683 $ 400 $ 50 Revenue Medicare Transition Program Decrease Increase $ 5,133 Explanation: To roll over unspent grant funds from FY 05-06 for the Medicare Transition Program. Grant period has been extended to December 30, 2006. Bud2et Amendment Number: 2007-11 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Federally Forfeited Property Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Federally Forfeited Property: Capital Project Expense Decrease Increase $14,323 Revenue Federally Forfeited Property Decrease Increase $14,323 Explanation: To budget additional funds received on July 19 and 31, 2006. Federally Forfeited Property funds budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Bud2et Amendment Number: 2007-13 Devartment: Finance/Sheriff/Federallv Forfeited Provertv BE IT ORDAINED by the New Hanover County Commissioners that the following appropriation be made to the General Fund and Law Enforcements ordinance: Section 1. The following appropriation is hereby made to the Crime Scene Investigation Building Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Finance: Transfer to Capital Project Funds Federally Forfeited Property: Transfer to CSI Building Supplies Decrease Increase $82,594 $82,594 $82,594 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 642 Bud2et Amendment Number: 2007-13 (Cont.) Revenue Sheriff Administration: Miscellaneous Revenue Sheriff CSI Building: Transfer in General Fund Transfer in from Capital Project Decrease Increase $82,594 $82,594 $82,594 Explanation: To budget funds received by Court Order to be used by the Sheriffs Office for law enforcement purposes. The Sheriff is requesting that these funds be applied to his pledge of $200,000 for the Crime Scene Investigation Building capital project. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Martha Crawford - Social Services Department Cindy Hudson - Social Services Department Ten Year: Joseph Sheppard - Library Kenan Kelly - Sheriffs Office Fifteen Year: Tommie Wells - Library Harold Adams - Sheriffs Office Douglas Price - Sheriff's Office Twenty Year: Evelyn Lorek - Finance Department Jenean Todd - Cape Fear Museum Twenty-five Year: Sharon Neuschafer - Health Department Marsha Hayes - Library Harry Tuchmayer - Library On behalf of the Board, Chairman Greer presented a servIce award to each employee, expressed appreciation and thanked them for their dedicated years of service. ADOPTION OF PROCLAMATION DECLARING AUGUST 2006 AS CHILD SUPPORT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Carla West, Program Manager from New Hanover County Child Support Agency has requested the Board proclaim August 2006 as Child Support Awareness Month in New Hanover County. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to adopt the proclamation declaring August 2006 as Child Support Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 8.2. PUBLIC HEARING TO CONSIDER THE ISSUANCE OF HOSPITAL REVENUE BONDS 2006 PROJECT Chairman Greer reported that the Board has been requested to conduct a public hearing regarding the issuance by the County of its hospital revenue bonds in an aggregate principal amount not exceeding $120,000,000 to finance costs associated with the acquisition, construction and equipping of certain improvements to New Hanover Regional Medical Center, including the construction of a surgery pavilion and related facilities, the construction of a women's and children's pavilion and related facilities, the renovation and expansion of the central energy plant to accommodate the expansion of the New Hanover Regional Medical Center campus and the development of a new loop road, reconfiguration of existing parking lots and site work at the New Hanover Regional Medical Center campus; together with capitalized interest during construction of the 2006 Project. The 2006 Project is located at New Hanover Regional Medical Center, 2131 South 17th Street, Wilmington, North Carolina 28402. The Hospital is owned by the County and operated by the Corporation. A Notice of Public Hearing was published in the Wilmington Star-News on July 31, 2006, which is at least fourteen days prior to the date of this public hearing. The Clerk to the Board is directed to affix an Affidavit of Publication as Exhibit A to the extract of the minutes. Chairman Greer requested a motion to proceed with a public hearing on the issuance of hospital revenue bonds to finance the 2006 Project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 643 Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to proceed with a public hearing on the issuance of hospital revenue bonds to finance the 2006 Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the public hearing and reported that the Board of Commissioners will now hear anyone who wishes to be heard on the advisability of financing the 2006 Project and the issuance of hospital revenue bonds to finance the 2006 Project. There being no comment, Chairman Greer asked for a motion to close the public hearing on the hospital bond issue. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to close the public hearing on the hospital bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested a motion to approve the financing of the 2006 Project and the issuance of the hospital revenue bonds. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the financing of the 2006 Project and the issuance of the hospital revenue bonds in an aggregate principal amount not to exceed $120,000,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS Chairman Greer reported that the Board is being requested to adopt the resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue bonds in an amount not to exceed $120,000,000 to finance the costs associated with the acquisition, construction and equipping of certain improvements to New Hanover Regional Medical Center, including the construction of a surgery pavilion and related facilities, the construction of a women's and children's pavilion and related facilities, the renovation and expansion of the central energy plant to accommodate the expansion of the New Hanover Regional Medical Center campus, and the development of a new loop road, reconfiguration of existing parking lots and site work at the New Hanover Regional Medical Center campus; together with capitalized interest during construction of the 2006 Project, and approving the appointment of a financing team to effect the issuance of such hospital revenue bonds. Chairman Greer read the resolution into the record and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue bonds in an amount not to exceed $120,000,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 8.3. APPROVAL OF CAPITAL PROJECT ORDINANCE FOR THE $35.5 MILLION PARKS AND RECREATION BONDS Chairman Greer reported that the Board is being requested to adopt the Capital Project Ordinance necessary to establish the budget for the $35.5 million Parks and Recreation Bond that was approved by voters on May 2,2006 and approve the associated budget amendment #2007-14. The bond referendum includes projects by the City of Wilmington totaling $17,450,000; the City will reimburse the County for debt service. The County projects total $18,050,000, which includes a $600,000 contribution to beach town projects. Part of the City's and County's costs includes $7,500,000 for joint projects. The City's share of that is $3,850,000; the County's share is $3,650,000. Chairman Greer read the Capital Project Ordinance into the record and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the Capital Project Ordinance to establish the budget for the $35.5 million Parks and Recreation Bond that was approved by voters on May 2, 2006 and approve the associated budget amendment #2007-14. Upon vote, the MOTION CARRIED UNANIMOUSLY. BUDGET AMENDMENT Number: 2007-14 DEPARTMENT: Finance BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the $35.5 Million Parks and Recreation Bonds Capital Project Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Capital Projects Expense-County Decrease Increase $18,050,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 644 BUDGET AMENDMENT Number: 2007-14 (Cont) Capital Project Expense-City $17,450,000 Revenue Bond Proceeds Decrease Increase $35,500,000 Explanation: To establish project budget according to Capital Project Ordinance. A copy of the Capital Project Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 8.4. APPROVAL OF FUNDING FOR BEACH RE-NOURISHMENT FOR CAROLINA BEACH AND KURE BEACH FROM THE BEACH NOURISHMENT PORTION OF THE ROOM OCCUPANCY TAX FUND Rick Catlin, Chairman of the Port, Waterway and Beach Commission, reported that at their August 9,2006 meeting they voted to request the Board to make available funding in the amount of $1,344,000 for the planned re- nourishment of Carolina Beach and Kure Beach this fall. Two sources of funding have been identified in the amount of $6 million which lessens the local portion of the estimated cost of$9.15 million. The source of funding is the Beach Nourishment portion of the Room Occupancy Tax Fund with a budgeted amount of $1,967,000 for beach re-nourishment in FY 06-07. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve funds in the amount of $1,344,000 from the Beach Nourishment portion of the Room Occupancy Tax Fund for beach re-nourishment of Carolina Beach and Kure Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION APPROVING A 3% ROOM OCCUPANCY TAX FOR UNINCORPORATED NEW HANOVER COUNTY County Manager Bruce Shell reported that in July 2006 the General Assembly enacted Senate Bill 1431 authorizing the Board of County Commissioners to enact a 3% room occupancy tax for unincorporated New Hanover County to be used only for beach re-nourishment. Currently Wilmington, Kure Beach, Carolina Beach and Wrightsville Beach have such authorization for their respective jurisdictions and have levied the additional tax. If approved, this will establish a 6% room occupancy tax for the entire County and be implemented on September 1, 2006. Tax Administrator Bob Glasgow reported that currently this would include seven establishments in the unincorporated New Hanover County. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution enacting a 3% room occupancy tax for unincorporated New Hanover County to be used only for beach re-nourishment as specified in Senate Bill 1431, Session Law, Chapter 167. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 8.5. APPROVAL OF NEW HANOVER COUNTY BOARD OF EDUCATION FY 06-07 BUDGET RESOLUTION AND ASSOCIATED BUDGET AMENDMENT County Manager Bruce Shell reported that the Board is being requested to adopt the New Hanover County Board of Education FY 06-07 Budget Resolution outlining the agreement with the funding for education and requesting the transfer of $669,541 from capital outlay to current operation expense and approval of the associated budget amendment #2007-10. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the New Hanover County Board of Education FYO 6-07 Budget Resolution and the associated budget amendment #2007-10. Upon vote, the MOTION CARRIED UNANIMOUSLY. BUDGET AMENDMENT Number: 2007-10 DEPARTMENT: Bud2et BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following change in appropriation is hereby made to the New Hanover County Schools Fund. Expenditure Current Operating Expense Capital Outlay Decrease Increase $669,541 $669,541 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 645 Explanation: To transfer funds within the New Hanover County Schools Fund to be in agreement with the allocation of funding approved by the Board of Education in their FY 06-07 Budget Resolution. ADOPTION OF RESOLUTION FOR AWARD OF BID AND APPROVAL OF CONTRACT FOR PUMPER FIRE TRUCKS FOR FIRE SERVICES TO PIERCE MANUFACTURING Fire Services Chief Donnie Hall reported that Fire Services' original plan was to purchase two fire trucks as was approved in FY 06-07 budget. The budget amount of $540,000 plus a rollover from FY 05-06 was to provide enough funds to purchase the two fire trucks. The request for two additional fire trucks was planned to be submitted to the Board of Commissioners for purchase approval in the near future; one for the Murrayville Fire Station and one that is planned for FY 07-08. As of September 2006, major changes in emission standards will require a redesign of the engine. Staff is not comfortable recommending the purchase of any of the redesigned engines until they have been field tested by the Fire industry and request the Board's approval to purchase the two additional fire trucks now without the new emission equipment for a savings in the amount of $48,886.54 which includes a 3% inflation amount. The delivery date of these two engines would not be until FY 07-08. A Request for Bids was published in the Star News on July 13, 2006. Pierce Manufacturing, the sole bidder, submitted their bid in the required format as specified by the County. Following discussions with County Finance Director Avril Pinder and reviewing the revised Fire District's cash flow plan, the vendor's bid, and the potential cost savings by purchasing the four units now, staff recommends purchasing the four units through installment financing and moving funds, as needed, for the debt service payment due this fiscal year. Commissioner Kopp stated his concern on circumventing upcoming Federal Emission Standards. Finance Director Avril Pinder presented the following three options to the Board: Option 1: Purchase four fire trucks by adopting the resolution awarding bid 07-0001 and contract 07- 0001 to Pierce Manufacturing in the amount of $1,592,436 at the base bid unit price of $398,109 each, excluding any options; included in the adopted resolution is the official declaration by the Board, pursuant to the requirements of the United States Treasury Regulations Section 1.1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing and approve the associated budget amendment 07-014. Option 2: Purchase two fire trucks at this time by adopting the resolution awarding bid 07-0001 and contract 07-0001 to Pierce Manufacturing in the amount of $796,218 at the base bid unit price of $398,109 each, excluding any options and approve the associated budget amendment 07-015. Option 3: Purchase two fire trucks from budgeted funds and purchase two fire trucks through installment purchasing by adopting the resolution awarding bid 07-0001 and contract 07-0001 to Pierce Manufacturing in the amount of $1,592,43; with two units being purchased from budgeted funds and two units being purchased through installment purchasing and approve the associated budget amendment 07- 021. Chairman Greer requested direction from the Board. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution awarding Bid 07-0001 and Contract 07-0001 to Pierce Manufacturing in the amount of $1,592,436 with two units being purchased from budgeted funds and two units being purchased through installment purchasing, authorize the County Manager to execute the contract and approve the associated budget amendment 07-021. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in opposition. BUDGET AMENDMENT Number: 07-021 DEPARTMENT: Fire Services BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Fire Service District Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Capital Outlay Motor Vehicles Decrease Increase $1,077,341 Revenue Installment Loan Proceeds Fire Service District Appropriated Fund Decrease Increase $796,218 $281,123 Explanation: The FY 06-07 budget included two Fire Trucks which were to be purchased from FY 06-07 funds ($540,000) and funds ($281,123) to be carried over from FY 05-06. The budget amendment would fund the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 646 purchase of the two budgeted Fire Trucks with $281,123 carryover from FY 05-06. The budget amendment would fund two additional Fire Trucks through installment financing. Total cost of the four vehicles is $1,592,436. The vehicles will be financed for three years and the annual debt service for future years will be $530,633 per year. There will be no debt service for the vehicles in FY 06-07 due to the timing of the financing and delivery schedule of the vehicles. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 8.6. ADOPTION OF RESOLUTION APPROVING THE UPDATED TEN-YEAR SOLID WASTE PLAN Solid Waste Planner Jason Hale presented an overview of the Updated Ten-Year Solid Waste Plan as required by the North Carolina Department of Environmental Management. The plan represents the combined efforts of the County, City of Wilmington, Carolina Beach, Kure Beach and Wrightsville Beach, and covers all aspects of local solid waste management. Programmatic changes in the Plan include: . Establish new drop-off recycling site . Expand construction & demolition waste recycling capacity . Establish permanent electronic and household hazardous waste collection site . Conduct study of disposed food/organic waste Staff requests that the Board adopt the resolution approving the Updated Ten-Year Solid Waste Plan. After a brief question and answer period, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving the Updated Ten-Year Solid Waste Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 8.7. REAPPOINTMENT OF ROBERT C. GLASGOW AS TAX ADMINSTRATOR Chairman Greer reported that the Board is being requested to reappoint Robert C. Glasgow as Tax Administrator for a term of two years as required by North Carolina General Statute 105-294. The incumbent administrator has met all the qualifications required for holding the position and has fulfilled the continued instruction required to maintain qualifications as defined by statute for the position and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Robert C. Glasgow as Tax Administrator for a term of two years as required by North Carolina General Statute 105-294. Upon vote, THE MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF PATRICIA J. RAYNOR AS TAX COLLECTOR, ACCEPT THE 2005 COLLECTION SETTLEMENT REPORTS AND AUTHORIZE THE CHARGE OF THE 2006 TAX LEVY Chairman Greer reported that the Board is being requested to reappoint Patricia 1. Raynor as Tax Collector for a term of two years, accept the 2005 Collection Settlement Reports and authorize the Charge of the 2006 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349 and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Patricia 1. Raynor as Tax Collector for a term of two years, accept the 2005 Collection Settlement Reports and authorize the Charge of the 2006 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the charge sheet is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 8.8. BREAK Chairman Greer called for a break from 3:31 p.m. until 4:00 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY NEW HANOVER MEDICAL GROUP FOR BAYSHORE ESTATES, INC. TO REZONE APPROXIMATELY.77 ACRE OF PROPERTY LOCATED AT 116 BAYSHORE DRIVE FROM R-15 RESIDENTIAL DISTRICT TO 0&1 OFFICE INSTITUTIONAL DISTRICT (Z-843, 07/06) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O'Keefe reported that the New Hanover Medical Group for Bayshore Estates, Inc. is requesting to rezone approximately .77 acre of property located at 116 Bayshore Drive from R-15 Residential District to 0&1 Office & Institutional District. The subject property is located on the southeast corner of North Market Street and Bayshore Drive with access to the site currently from Bayshore Drive. Traffic counts for North Market Street were 43,249 ADT in April 2005 compared to 34,000 ADT in 2001. Counts on Bayshore Drive were NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 647 4,373 during the same period compared to 4,000 ADT in 2001. The subject property is currently vacant with a paved drive access at the rear of the property, which services the adjacent medical offices to the south of the subject property. The Planning Board voted 6 to 0 to recommend approval with no one speaking in opposition at the Planning Board's meeting. Staff recommends approval of the request stating that it is consistent with the purposes of the land classification, the transportation classification and the established adjacent development patterns to the east. Chairman Greer asked if the Petitioner would like to speak on the request. Howard Resnick with Coastal Site Design representing New Hanover Medical Group for Bayshore Estates, Inc. stated that he was available to answer questions and address any concerns and confirmed that the current drainage ditch area would be utilized and maintained. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the request by New Hanover Medical Group for Bayshore Estates, Inc. to rezone approximately .77 acre of property located at 116 Bayshore Drive from R-15 Residential District to 0&1 Office & Institutional District finding that the request is: 1) Consistent with the purposes and intent of the Transition land classification in the 2006 land use plan; 2) Reasonable as an extension of an adjacent 0&1 District; and 3) In the public interest to designate the 0&1 district all the way to the signalized intersection of N. Market Street and Bayshore Drive in order to facilitate opportunities for more efficient traffic flow. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 6, 1981, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 60. PUBLIC HEARING TO CONSIDER A REQUEST BY TF HOLDINGS LIMITED TO REZONE APPROXIMATELY 745 ACRES OF PROPERTY LOCATED OFF BLUE CLAY ROAD AND NORTH KERR AVENUE FROM I-2/0&I!R-15 TO PD PLANNED DEVELOPMENT (Z-845, 07/06) Chairman Greer opened the Public Hearing and requested Senior Planner Jane Daughtridge to make the presentation. Senior Planner Daughtridge reported that TF Holdings, Limited is requesting to rezone approximately 745 acres of property located off Blue Clay Road and North Kerr Avenue from I-2/0&I/R-15 to PD Planned Development and presented an overview of the proposed plan. The subject property is located along Blue Clay Road and runs from the 1-140 corridor roughly southeasterly to North Kerr Avenue adjacent to North Kerr Industrial Park. Access to the site is from Blue Clay Road and from North Kerr Avenue. Traffic count for North Kerr Avenue at the intersection of Blue Clay Road was 13,969 ADT in April of 2005 compared to 12,000 ADT in 2001. Counts on Blue Clay Road near Old Mill Road were 5,872 ADT during the same period compared to 4,500 ADT in 2001. Level of Service is E, at capacity, on North Kerr Avenue and A&B on Blue Clay Road. The property is currently used for agricultural production with about one-third of the land being wooded. Adjacent property to the east of the subject property is North Chase and to the west along North Kerr Avenue is developed as North Kerr Industrial Park. The bulk of the subject property is zoned 1-2 Industrial with a small section in the northwest portion zoned Office and Institutional and a small sliver on the west side of Blue Clay Road at the proposed 1-140 interchange zoned R -15. Planning Director Chris O'Keefe reported that the purpose of the PD Planned Development District is to promote the mixing of various land uses that would otherwise not be possible under general district requirements. It is intended to provide flexibility in situations where owners present a development plan found to be in the public interest and which provides necessary urban services and improvements. Minimum parcel size for a Planned Development is 100 acres. Rezoning the subject property will allow for a substantial commercial and office node conveniently located at a future interchange along 1-140 with moderate to high density single family and multifamily residential uses with a resultant population of about 5,000 persons along with a public school site and potential fire station. There is also a significant amount of open space identified. The 2006 Update of the Joint CAMA Plan describes the transition classification as areas providing for future intensive urban development on lands that have or will have urban services. The portion on the west side of Blue Clay Road is classified as Water Supply Resource Protection. Any residential component clustered in that section would be limited to 2.5 units per base site acre. Staff suggests the Board consider the following: . The long range proposed interchange at Blue Clay Road and 1-140 would make the subject property a convenient location for a new commercial node in an area ripening for new growth. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 648 . The size of the subject property far exceeds the minimum requirement for a cohesive Planned Development zoning district. . The location of the subject property is adjacent to another planned development. . A school site is being donated as part of the project. . Over 200 acres will be retained as permanent open space and will provide a substantial buffer between the North Chase community and the planned development. . The rezoning will generate a sizable increase to the population. . Traffic impacts on both Blue Clay and North Kerr can be anticipated to be substantial. Phasing of the development will help mitigate the impacts. Staff recommends approval with the following conditions: 1. Align North Kerr Avenue entrance with Trusdale Road prior to final plan approval. 2. MPO and NCDOT review and approval of the Traffic Impact Analysis and the Traffic Circulation Plan prior to approval of the final plan. 3. Provide Homeowner Association documents for review and approval along with submission of the final plan. 4. All required information relating to drainage and storm water management must be submitted for review in conjunction with the final plan. 5. A detailed street system and infrastructure location must be submitted for review in conjunction with the final plan. Commissioner Davis confirmed with Planning Director O'Keefe that the infrastructure is in place to handle the traffic and that additional money from the developer will be paid to the County in lieu of additional acreage for the school. The New Hanover County Planning Board voted 6 to 0 to recommend approval. Several neighbors spoke at the hearing including the President of the North Chase Homeowners Association who spoke in favor of the project. No one spoke in opposition. Chairman Greer asked if the Petitioner wished to speak on the request. The Petitioner, Raiford Trask, III, presented an overview of the proposed planned development stating that they would continue to work closely with the County and surrounding neighborhoods. Michael Cole, representing TF Holdings Limited, presented an overview of the proposed planned development stating that they were striving to incorporate the wetlands and wooded areas into the plan. They would continue to work closely with North Chase homeowners on drainage issues. Water and sewer will be extended and will benefit those in its path. The plan will take between eight and ten years to implement with the residential development planned for the first phase with road improvements. The second phase will include two portions of mixed use. The school site will be made available immediately along with the additional funds. Michael Fitzpatrick, President of North Chase Home Owners Association, reported on the meetings with the developer and spoke in favor of the request. Montel Irvin, representing Ramey Kemp and Associates, reported on the traffic impact analysis that has been done and stated that they will continue to work closely with NCDOT. Michael Cole, representing TF Holdings Limited, stated that they will work closely with the FAA to address any concerns that may arise. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by TF Holdings Limited to rezone approximately 745 acres of property located off Blue Clay Road and North Kerr Avenue from I-2/0&I/R-15 to PD Planned Development finding that the request is: 1) Consistent with the purposes and intent of the Transition and Resource Protection land classifications in the 2006 land use plan; 2) Reasonable in its design for permanent preservation of fragile natural areas as a buffer to adjacent uses; provision of bicycle and pedestrian paths to serve the site; placement of commercial or office uses along the roadway with higher level of service; donation of a school site; and provision of an internal collector street system; and 3) In the public interest to provide for future demand for additional mixed use nodes along major transportation routes in the northern portion of the jurisdiction, as long as all infrastructure and road improvements are installed to properly mitigate traffic impacts and provided the final plan is in full compliance with the requirements of all New Hanover County ordinances with the following conditions: 1) Align North Kerr Avenue entrance with Trusdale Road prior to final plan approval; 2) MPO and NCDOT review and approval of the Traffic Impact Analysis and the Traffic Circulation Plan prior to approval of the final plan; 3) Provide Homeowner Association documents for review and approval along with submission of the final plan; 4) All required information relating to drainage and storm water management must be submitted for review in conjunction with the final plan; and 5) Detailed street system and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 649 infrastructure location must be submitted for review in conjunction with the final plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7,1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 61. PUBLIC HEARING TO CONSIDER A REQUEST BY NORTHSIDE BAPTIST CHURCH TO CLOSE A PORTION OF OWLS LANE AND RED HAWK ROAD LOCATED NEAR THE 5600 BLOCK OF BAVARIAN LANE IN THE MURRA YVILLE AREA (SC-82, 06/06) Chairman Greer opened the public hearing and requested Planner Sam Bugress to make the staff presentation. Planner Burgess reported that Northside Baptist Church is requesting to close a 1,226.94 foot portion of Owls Lane and a 592.66 foot portion of Red Hawk Road. Both roads are located on the north side of Bavarian Lane in the Murrayville area off North College Road and are a part of Plat Book 46, Page 286 of the New Hanover County Registry. In accordance with N.C.G.S. 153A-241, a Resolution ofIntent to close both roads was adopted by the Board of Commissioners July 10, 2006. The request to close a portion of Owls Lane and Red Hawk Road appears to be logical since Northside Baptist Church owns the property and plans to extend their church campus facilities into the area. The proposed closure of both roads does not appear to negatively impact any of the adjoining properties or existing residential homes located near Bavarian Lane. Staff recommends that both roads as petitioned be closed providing that a cul-de-sac be constructed near the beginning of each road to facilitate emergency service delivery turn-around of large vehicles and with the understanding that a road connection may be constructed with the development of the Hollingsworth property along the open portion of Red Hawk Road to facilitate future road inter-connectivity. The cul-de-sac construction will be at the expense of the church. Drainage and utility easements are not recommended for the roads proposed to be closed. Chairman Greer asked if the Petitioner wished to speak on the request. The Petitioner, Clyde Holley on behalf of Northside Baptist Church, presented a site plan stating that the Church is planning to expand its facilities and that a portion of the property is proposed to become a parking lot and the other portion of road is proposed to be re-routed and used to direct traffic through the Church property. He requested there not be the requirement of the cul-de-sacs stating that they are willing to work with the Fire District to assure adequate access for fire service and emergency vehicles. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Ted Zielonka stated that he is opposed to the request due to traffic concerns. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Northside Baptist Church to close a portion of Owls Lane and Red Hawk Road located near the 5600 block of Bavarian Lane with the condition that the Petitioner work closely with staff assuring that fire services have the appropriate access. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Orders closing the roads are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 8.9. BREAK Chairman Greer called for a break at 3:45 p.m. until 4:00 p.m. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Greer reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee and two applications had been received and requested nominations from the Board. Commissioner Pritchett nominated Lorrine McEvoy and Oliver F. Schreiber. The nominations were seconded by Commissioner Kopp. Vote: The Board voted unanimously to appoint Lorrine McEvoy and Oliver F. Schrieber to serve one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire August 31,2007. Appointment to the Airlie Gardens Foundation Board of Directors Chairman Greer reported that one vacancy of an unexpired term needs to be filled on the Airlie Gardens Foundation Board of Directors and five applications had been received and requested nominations from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 650 Commissioner Davis nominated Hannah Holt. The nomination was seconded by Vice-Chairman Caster. Commissioner Pritchett nominated James Franklin Reid. No second was received. Vote: The Board voted unanimously to appoint Hannah Holt to fill an unexpired term on the Airlie Gardens Foundation Board of Directors with the term to expire on June 30, 2008. Appointments to the Board of Mechanical Examiners Chairman Greer reported that three vacancies need to be filled on the Board of Mechanical Examiners with one applicant eligible for reappointment and six applications had been received and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to reappoint Thomas L. Crittenden, Jr. to a two year term to the Board of Mechanical Examiners Class III Category with the term to expire on August 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Ray McClory to a two year term on the Board of Mechanical Examiners Class II Category with the term to expire on August 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Susan D. Nance to a two year term on the Board of Mechanical Examiners Class I Category with the term to expire on August 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Juvenile Crime Prevention Council Chairman Greer reported that up to six vacancies need to be filled on the Juvenile Crime Prevention Council and four applications had been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Henry L. Batts, Jr., Hattie Cooper-McIver and William Austin Crews. Jr. to a three year term in the At-Large Category with the terms to expire on August 31, 2009 and Grant H. Morine to a two year term in the Student Category on the Juvenile Crime Prevention Council with the term to expire on August 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Library Advisory Board Chairman Greer reported that three vacancies need to be filled on the Library Advisory Board with three applicants eligible for reappointment and six applications had been received and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Dean R. Gattone, Eleanor Lipscomb-Warren and Frank 1. Oddo to three year terms on the Library Advisory Board with the terms to expire on August 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Water/Sewer Advisory Committee Chairman Greer reported that three vacancies need to be filled on the Water/Sewer Advisory Committee and eleven applications had been received and requested nominations from the Board. Commissioner Kopp nominated Matt Hunter. The nomination was seconded by Vice-Chairman Caster. Vice-Chairman Caster nominated John R. Andrew. The nomination was seconded by Chairman Greer. Commissioner Pritchett nominated Steven Skavroneck. The nomination was seconded by Commissioner Davis. Chairman Greer nominated Andrew 1. Atkinson. The nomination was seconded by Vice-Chairman Caster. Commissioner Kopp nominated Charles Lawrence Sneeden. The nomination was seconded by Commissioner Pritchett. Commissioner Davis nominated Jeremy Randall Blair. No second was received. Chairman Greer called for a vote on the nomination of John R. Andrew. Vote: The Board voted unanimously to appoint John R. Andrew to serve on the Water/Sewer Advisory Committee with the term limit to be determined. Chairman Greer called for a vote on the nomination of Andrew 1. Atkinson. Vote: The Board voted unanimously to appoint Andrew 1. Atkinson to serve on the Water/Sewer Advisory Committee with the term limit to be determined. Chairman Greer called for a vote on the nomination of Matt Hunter. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 651 Vote: The Board voted 3 to 2 to appoint Matt Hunter to serve on the Water/Sewer Advisory Committee with the term limit to be determined. Chairman Greer, Vice-Chairman Caster and Commissioner Kopp voted in favor. Chairman Greer called for a vote on the nomination of Steven Skavroneck. Vote: The Board voted 2 to 3 to appoint Steven Skavroneck to serve on the Water/Sewer Advisory Committee with the term limit to be determined. Commissioner Davis and Commissioner Pritchett voted in favor. Chairman Greer called for a vote on the nomination of Charles Lawrence Sneeden. Vote: The Board voted 1 to 4 to appoint Charles Lawrence Sneeden to serve on the Water/Sewer Advisory Committee with the term limit to be determined. Commissioner Kopp voted in favor. BREAK Chairman Greer called for a dinner break at 5:40 p.m. until 6: 17 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 6: 17 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 6:34 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. CLOSED SESSION Chairman Greer announced that a Closed Session pursuant to N.C.G.S. 143-318.11(a)(5) is needed to instruct staff in negotiating the terms and conditions of acquisition for property located at 5807 Murrayville Road and pursuant to N.C.G.S. 143-318.11(a)(3) is needed to consult with counsel regarding a matter of potential litigation. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to convene to Closed Session pursuant to N.C.G.S. 143-318. 11 (a)(5) to instruct staff in negotiating the terms and conditions of acquisition for property located at 5807 Murrayville Road and pursuant to N.C.G.S. 143-318.11(a)(3) to consult with counsel regarding a matter of potential litigation. Upon vote, the MOTION CARRIED UANIMOUSL Y. Chairman Greer convened to Closed Session at 6:36 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 7:55 p.m. and announced that the Board has concluded its consultation with staff to instruct them in negotiating the terms and conditions of acquisition for property located at 5807 Murrayville Road and to consult with counsel regarding a matter of potential litigation. ADDITIONAL ITEM ADOPTION OF RESOLUTIONS APPROVING CONDEMNATION OF PROPERTIES NEEDED FOR RUNWAY 6 - 24 INSTRUMENT LANDING SYSTEM PROJECT Harry W. Stovall, III, Chairman of the Airport Authority, reported that the FAA has changed the standard on Instrument Landing Systems specifically the Airfield Lighting System. The change in the standard has resulted in Wilmington International Airport being out of compliance in two areas for Instrument Landing Systems and has necessitated improvements and changes. The Airport Authority and Staff have worked diligently for four years with the FAA defining an acceptable project for the changes and improvements to the Instrument Landing System for runway 6-24 and the FAA funding is in place. In order to accomplish the improvements, nineteen parcels of land needed to be acquired. To date, seventeen have been acquired. Airport Authority members and staff have been in negotiations with Dr. R. Bertram Williams for the past seventeen months to acquire 7.3 acres of property in fee simple acquisition and 50.3 acres of property in avigation easements. The latest appraisal of the property determined the value to be in the amount of $28,000 per acre; a recent purchase by the Airport and Dr. Williams for property adjacent to his property was in the amount of $31,000 per acre which established the value of the property in the immediate area. In the last meeting, Dr. Williams requested $200,000 per acre for his property. The Airport Authority members and staff have also been in negotiations since September 2005 with AAI Pharma to acquire .55 acre of property in fee acquisition with a price of $25,900 for the property having been established. A settlement has not been reached due to the company's recent bankruptcy proceedings and now currently looking to consolidate. Due to time constraints with a drop dead date of November 1, 2006, at the Airport Authority meeting on NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 14,2006 BOOK 30 PAGE 652 August 2, 2006, they voted to request that the Board of Commissioners authorize staff to proceed with condemnation of the Williams and AAI Pharma properties for easements for the Instrument Landing System project. Deputy Director Julie A. Wilsey reported that nine years ago the FAA passed new regulations on the design standards for Instrument Landing Systems. During that process, runway 17-35 was found to have a deficiency in that the requirement was to have 1000 feet at the end of the runway for a runway safety area, but in fact has only 200 feet. Since that time, the Airport has reached a compliance agreement with the FAA necessitating the installation of an Instrument Landing System on both ends of runway 6-24. Acquiring the two remaining properties are necessary to bring the Airport into compliance and continue to provide safe commercial service to the community. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution authorizing staff to proceed with condenmation of 50.3 acres of property as a permanent avigation easement and 7.3 acres of property as a fee simple acquisition on the property owned by R. Bertram Williams, Jr. necessary for the construction of airport improvements. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution authorizing staff to proceed with condenmation of .55 acre of property as a fee simple acquisition of property owned by AAI Pharma necessary for the construction of airport improvements. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis clarified with Airport Authority Chairman Stovall that the notice of intent to file condemnation is sent to the property owners at least thirty days prior to filing suit allowing for negotiations to continue during that period still allowing time for a settlement. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 8.10. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 8:05 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board