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HomeMy WebLinkAbout2006-09-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 653 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 5, 2006, at 5:35 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, Jf.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Father Robert 1. Kus, Pastor of Saint Mary's Church, gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Pritchett 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 and the Closed Session Meeting held on July 24, 2006, as presented by the Clerk to the Board. Adoption of the Proclamation Designating September 25, 2006 as Family Day - A Day to Eat Dinner with your Children in New Hanover County The Commissioners adopted the proclamation designating September 25,2006 as Family Day - a Day to Eat Dinner with Your Children in New Hanover County as requested by the National Center on Addiction and Substance Abuse. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 9.1. Adoption of the Proclamation Designating September 16-30, 2006 as Fall Litter Sweep Roadside Cleanup in New Hanover County The Commissioners adopted the proclamation designating September 16-30, 2006 as Fall Litter Sweep Roadside Cleanup in New Hanover County promoting the Adopt-A-Highway Program as requested by the North Carolina Department of Transportation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 9.2. Approval of a Regular One Half-Time Floater Position The Commissioners approved a regular one half-time floater position to fill in when staff is on vacation or when the workload of a department is impacted by special projects. The cost of the twenty hour per week position in the amount of $26,100 will be absorbed by savings created by the position in existing departmental budgets. Acceptance of Partnership for Children Grant Funds - Library The Commissioners accepted a Partnership for Children Library grant funds in the amount of $126,767 and approved the associated budget amendment #07 -015. This is an increase in the amount of $ 9 , 767 from the currently budgeted amount of $117,000. The additional funds will be used to change one temporary position of thirty hours to a regular position of thirty-two hours to provide early literacy training to preschool teachers in area child care centers, as well as direct progranuning to child care ages 1-5. An in-kind contribution in the amount of $61,825 is required along with a contribution in the amount of $3,000 from the Friends of the Library. The position will be eliminated when grant funding ends. Bud2et Amendment Number: 07-015 Devartment: Librarv 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 General Fund, and that the following revenue is estimated to be available to meet this appropriation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 Bud2et Amendment Number: 07-015 (Cont.) Expenditure Salaries and Wages Retirement Local Government Medical Insurance Expense Long Term Disability Insurance Revenue Partnership for Children Grant BOOK 30 PAGE 654 Decrease Increase $ 760 $1,940 $6,960 $ 107 Decrease Increase $9,767 Explanation: To budget additional funds received from the Partnership for Children Grant. Increase primarily affects fringe benefits and not salary. Approval of Budget Amendments The Commissioners approved the following budget amendments: Bud2et Amendment Number: 07-016 Devartment: Various 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 General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure New Hanover County TV: Contracted Services Supplies Capital Outlay - Equipment Capital Outlay - Other Non Departmental: City of Wilmington Contribution - Wave Transit Contribution - Airport Outside Agencies: Economic Incentives: Guilford Mills Tax: Contracted Services Property Management: Contracted Services Emergency Management: Contracted Services Planning: Capital Outlay - Equipment Health: Care Coordination: Supplies Women's Preventive Health: Supplies Child Health: Supplies Maternal Health: Supplies Epidemiology: Supplies Department of Social Services: Adoption Assistance: Special Child Adoption Parks: Capital Outlay Airlie Gardens: Contracted Services Capital Outlay Equipment Capital Outlay Other Museum: Exhibit Design Master Plan: Capital Outlay Public Safety Communications - Wireline: M&R Equipment Public Safety Communications - Wireless: Decrease Increase $ 5,900 $ 5,400 $100,000 $200,000 $27,364 $182,544 $152,056 $ 66,667 $418,000 $700,000 $ 46,000 $ 19,000 $ 42,887 $ 3,500 $ 1,500 $ 2,000 $ 5,000 $ 18,996 $120,000 $ 43,000 $ 8,358 $184,641 $115,000 $ 28,509 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 655 Bud2et Amendment Number: 07-016 (Cont.) Expenditure M&R Equipment Sheriff's Office: Capital Outlay - Motor Vehicle Decrease Increase $ 28,509 $ 3,945 Revenue Appropriated Fund Balance Juvenile Justice Delinquency Grant Decrease Increase $2,099,384 $ 429,392 Explanation: To rollover expenditure from FY 05-06 to FY 06-07 and adjust FY 06-07 grant revenue. The items were budgeted in FY 05-06, but completion of transactions or project did not occur prior to June 30, 2006. Bud2et Amendment Number: 07-017 Devartment: Devartment of Social 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 General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Child Day Care: Day-care Services Decrease Increase $1,341,250 Revenue Child Day Care: StateIFederal Decrease Increase $1,341,250 Explanation: To budget additional state and federal day-care funds. Bud2et Amendment Number: 07-026 Devartment: 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 General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Planning: Cont. Services-Relocation Assist. $508,394 Grant Exp-EPA Water Quality $ 78,391 Emergency Management: Supplies-CER T $ 7,208 Cont. Services-DHS Part I $ 1,791 Safety Equip-DHS-Part II $ 17,258 Capital Outlay-Motor Vehicles $ 32,864 Cont. Services- VRPP $ 38,496 Radios- VRPP $ 11,504 Juvenile Day Treatment-DMC: Salaries and Wages $ 7,829 Social Security Taxes $ 576 Retirement $ 357 Medical Insurance Expense $ 2,630 Long Term Disability Insurance $ 20 Contract Services $ 5,551 Cellular Expense $ 360 Telephone Expense $ 430 Supplies $ 899 Training and Travel $ 8,703 Sheriff-Uniform Patrol: Training & Travel-LEL06 $ 2,025 Salaries and Wages-Road Rage $ 23,314 Social Security Taxes $ 1,784 Retirement $ 1,140 Retirement -40 lK $ 1,166 Medical Insurance Expense $ 6,582 Long Term Disability Insurance $ 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 Bud2et Amendment Number: 07-026 (Cont.) Expenditure Supplies-Auto Capital Outlay-Motor Vehicle Safe Summer Program Health: Temporary Salaries-Project Stop Supplies-Project Stop Training & Travel-Project Stop Supplies-Risk Watch Supplies-Baby Bucs Supplies-Good Shepherd Ministry Temporary Salaries-Good Shepherd Social Security Taxes-Good Shepherd Cont. Services-Good Shepherd Supplies-Good Shepherd Auto Reimbursement Planning: CHAF Grant EP A Water Quality Grant Emergency Management: CER T Grant DHS-Part I Grant DHS-Part II Grant DHS-Emergency Response Trailer VRPP Grant Juvenile Day Treatment-DMC: DMC Grant Sheriff-Uniform Patrol: DOT LEL06 Grant Road Rage Grant Good Shepherd Fund Grant County Commissioners: Appropriated Fund Balance Health: March of Dime-Project Stop Grant Safe Kids-Risk Watch Grant March of Dimes-Baby Bucs Good Shepherd Ministry Circle Grant Good Shepherd Grant Decrease BOOK 30 PAGE 656 Increase $ 9,218 $ 922 $ 40 $ 7,000 $ 11,768 $ 1,000 $ 23,154 $ 18 $ 10,102 $ 4,305 $ 389 $ 5,884 $ 13,978 $ 250 $508,394 $ 78,391 $ 7,208 $ 1,791 $ 17,258 $ 32,864 $ 50,000 $ 27,355 $ 2,025 $ 41,184 $ 40 $ 3,008 $ 19,768 $ 23,154 $ 18 $ 10,102 $ 24,806 Explanation: To rollover unexpended grant funds from FY 05-06 to FY 06-07 Bud2et Amendment Number: 07-027 Devartment: Devartment of Social 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 General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure T ANF - Domestic Violence: Assistance Payments Decrease Revenue Administration: StateIFederal Funds Decrease Increase $19,102 Increase $19,102 Explanation: To budget additional funds received from the state for the T ANF Domestic Violence Program. Bud2et Amendment Number: 07-030 Devartment: Various 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 657 Bud2et Amendment Number: 07-030 (Cont.) Section 1. The following appropriation is hereby made to the General Fund, Automation Enhancement & Preservation Fund, Fire Services Fund, Environmental Management Fund, and that the following revenue is estimated to be available to meet this appropriation. GENERAL FUND: Expenditure Decrease Increase NHC-TV: Contracted Services $ 13,500 Budget: Supplies $ 1,133 Non-Departmental: Water Monitoring Contract $ 55,772 Audubon Society $ 9,607 Information Technology: Contracted Services $163,651 Telephone $ 3,532 Supplies $ 2,537 Capital Outlay-Computer & Other $ 38,359 Capital Outlay-Equipment $ 3,366 Capital Outlay-Telephone $ 92,357 Tax: Equipment Rental $ 21,420 Board of Elections: Capital Outlay-Voting Equipment $ 157,153 Capital Outlay-Voting Equipment $ 709,459 Register of Deeds: Equipment Rental $ 1,563 Property Management: M & R Buildings/Grounds $ 19,166 Capital Outlay-Other Improvements $ 169,861 Vehicle Management: Repair Service $ 2,342 Engineering: M & R -Cemetery $ 1,617 Public Safety Communications: M & R-Equipment $ 3,510 Supplies $ 2,401 Public Safety Comm-Wireline: M & R-Equipment $ 137,083 Capital Outlay-Equipment $ 11,322 Capital Outlay-Telephone $ 264,482 Public Safety Comm-Wireless: M&R-Equipment $ 137,083 Capital Outlay-Equipment $ 11,321 Capital Outlay-Telephone $ 264,482 Support Services: Contracted Services $ 3,250 Detention-Sheriff Auto Supplies $ 1,349 Uniform Patrol: Capital Outlay -Vehicle Purchases $ 624,002 Emergency Management: Contract Services $ 8,751 Printing $ 2,559 Inspection: Supplies $ 1,330 Planning: Contracted Services $ 9,163 Grant Expenditures $ 8,367 Environmental Health: M&R -Buildings and Grounds $ 9,962 Animal Control: Capital Outlay-Equipment $ 7,185 Care Coordination: Contracted Services $ 1,500 Supplies $ 7,323 DSS-Administration: Supplies $ 5,158 Human Services Transportation: Equipment $ 3,070 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 Bud2et Amendment Number: 07-030 (Cont.) Expenditure Library: Supplies Parks: Contracted Services Capital Outlay-Other Improvements Airlie Gardens: Contracted Services M&R -Buildings and Grounds Supplies Capital Outlay -Vehicle Capital Outlay-Other Improvements Museum: Printing Supplies Exhibit Design Master Plan: Contracted Services Capital Outlay-Other Improvements General Fund: Appropriated Fund Balance Decrease AUTOMATION ENHANCEMENT & PRES FUND: Expenditure Decrease Supplies Capital Outlay-Equipment Appropriated Fund Balance FIRE SERVICES FUND: Expenditure Fire Departments: Contracted Services Radios M&R -Emergency Measures M&R-Equipment Computer Supplies Firefighting Supplies Capital Outlay-Equipment Fire Services Operations: Firefighting Supplies Capital Outlay-Other Improvements Decrease Revenue Appropriated Fund Balance Decrease ENVIRONMENTAL MANAGEMENT FUND: Expenditure Environmental Management Landfill: Contracted Services Environmental Management Waste Admin: Contracted Services Computer Supplies Environmental Management Wastec Mgmt: Contracted Services M&R-Equipment Decrease Revenue Appropriated Fund Balance Decrease BOOK 30 PAGE 658 Increase $ 15,000 $ 9,099 $ 3,650 $ 14,804 $ 2,360 $ 5,201 $ 51,999 $ 27,448 $ 6,136 $ 1,259 $ 2,000 $ 7,150 $3,137,154 Increase $ 5,909 $ 5,416 $ 11,325 Increase $ 6,000 $ 9,800 $ 12,821 $ 2,808 $ 1,783 $ 3,348 $ 9,575 $ 8,111 $ 85,041 Increase $139,287 Increase $ 85,729 $170,910 $ 3,238 $226,271 $ 13,206 Increase $499,354 Explanation: To budget appropriated fund balances for outstanding purchase orders as of June 30, 2006. The amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the payment against the fiscal year in which it is paid (adopted in the Budget Ordinances for FY 06-07 dated June 19, 2006). Bud2et Amendment Number: 2007-17 Devartment: Sheriff BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Federally Forfeited Property Fund. Section 1. The following changes are hereby made to the Federally Forfeited Property Fund. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 659 Bud2et Amendment Number: 2007-017 (Cont.) Expenditure Supplies Decrease $1,861 Increase Revenue Interest on Investments Decrease $1,861 Increase Explanation: To adjust interest earnings. Bud2et Amendment Number: 2007-19 Devartment: FINANCE BE IT ORDAINED by the New Hanover County Commissioners that the following appropriation be made to the Burn Pit ordinance: Section 1. The following appropriation is hereby made to the Burn Pit Capital Project Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Contract Services-RIFS Utilities Decrease Increase $58,236 $27,000 Revenue Interest Earnings Decrease Increase $85,236 Explanation: To increase budget for years 3-5 of monitoring services for Catlin and Associates and to increase utilities budget. REGULAR AGENDA ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2006 AS READY NEW HANOVER COUNTY MONTH Director of Emergency Management Warren Lee requested that the Board proclaim September 2006 as Ready New Hanover County Month to encourage local residents to assemble their emergency supply kit and review their emergency plan so that they may be self-sufficient if a disaster occurs. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring September 2006 as Ready New Hanover County Month. 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 9.3. APPROVAL OF PARTIAL FUNDING FOR FEDERAL PROSECUTOR POSITION District Attorney Ben David reported that the State of North Carolina has awarded the New Hanover County District Attorney's office a grant of 75% funding for a full time Federal Prosecutor position. New Hanover County and the City of Wilmington are being requested to fund the remaining 25% for this position in the amount of $15,000 from the County and $15,000 from the City of Wilmington. The additional position is expected to reduce the jail population by processing federal related drug cases in a more timely fashion. The grant funding is through June 30, 2007, with the possibility of an extension. After a brief discussion concerning the funding source and the option of the County funding the full amount of $30,000, Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve funding in the amount of $30,000 for a Federal Prosecutor position in the District Attorney's office and the associated budget amendment #07-032. Substitute Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve funding in the amount of $15,000 for a Federal Prosecutor position in the District Attorney's office and the associated budget amendment #07-032. Chairman Greer called for a vote on the Substitute Motion: Upon vote, the substitute MOTION FAILED 2 TO 3. Chairman Greer and Commissioner Pritchett voted in favor. Chairman Greer called for a vote on the original motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 660 Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Caster, Commissioner Davis and Commissioner Kopp voted in favor. Bud2et Amendment Number: 07-032 Devartment: Courts - District Attornev 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: Expenditure CourtslDistrict Attorney: Contracted Services Contingency Decrease Increase $30,000 $30,000 Explanation: The District Attorney has received funding for 75% of a Federal Prosecutor position. He is asking the City and County to each contribute $15,000 for the balance of the cost of the position. The County Commissioners approved funding the full amount of $30,000. With the approval of this budget amendment, the Contingency amount is $370,000. ADOPTION OF SERIES RESOLUTION APPROVING HOPSITAL REVENUE BONDS Chairman Greer reported that the Board is being requested to consider and take action on a Series Resolution providing for the issuance of the County's Variable Rate Hospital Revenue Bonds for the New Hanover Regional Medical Center Project in the aggregate principal amount not exceeding $120,000,000, approve the authorization of the execution and delivery of the Bond Purchase Agreement, the Auction Agent Agreement, the Official Statement, the Fourth Amendment to Lease Agreement and the Broker-Dealer Agreements and providing for other matters in connection therewith. The Series Resolution delegates to the County Manager the authority to determine certain terms of the Bonds subject to limitations set forth in the Series Resolution. Chairman Greer introduced and submitted the Series Resolution entitled "SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA VARIABLE RATE HOSPITAL REVENUE BONDS (NEW HANOVER REGIONAL MEDICAL CENTER PROJECT) SERIES 2006A AND $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA VARIABLE RATE HOSPITAL REVENUE BONDS (NEW HANOVER REGIONAL MEDICAL CENTER PROJECT) SERIES 2006B, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCT AND EQUIP IMPROVEMENTS TO THE HEALTH CARE FACILITIES OWNED BY THE COUNTY, AND AUTHORIZING AND APPROVING THE FORM AND TERMS OF THE OFFICIAL STATEMENT, A FOURTH AMENDMENT TO THE LEASE AGREEMENT, THE AUCTION AGENT AGREEMENT, THE BROKER-DEALER AGREEMENTS AND THE BOND PURCHASE AGREEMENT AND THE EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT, A FOURTH AMENDMENT TO THE LEASE AGREEMENT AND THE BOND PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE OF THE OFFICIAL STATEMENT IN CONNECTION WITH THE PUBLIC OFFERING OF SUCH BONDS AND SUCH OTHER MATTERS RELATED THERETO." Chairman Greer requested a motion to adopt the Series Resolution with any such revisions as the Chairman, Vice-Chairman, Clerk to the Board, with the advice of counsel, may deem necessary and appropriate. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the Series Resolution entitled "SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA VARIABLE RATE HOSPITAL REVENUE BONDS (NEW HANOVER REGIONAL MEDICAL CENTER PROJECT) SERIES 2006A AND $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA VARIABLE RATE HOSPITAL REVENUE BONDS (NEW HANOVER REGIONAL MEDICAL CENTER PROJECT) SERIES 2006B, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCT AND EQUIP IMPROVEMENTS TO THE HEALTH CARE FACILITIES OWNED BY THE COUNTY, AND AUTHORIZING AND APPROVING THE FORM AND TERMS OF THE OFFICIAL STATEMENT, A FOURTH AMENDMENT TO THE LEASE AGREEMENT, THE AUCTION AGENT AGREEMENT, THE BROKER-DEALER AGREEMENTS AND THE BOND PURCHASE AGREEMENT AND THE EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT, A FOURTH AMENDMENT TO THE LEASE AGREEMENT AND THE BOND PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE OF THE OFFICIAL STATEMENT IN CONNECTION WITH THE PUBLIC OFFERING OF SUCH BONDS AND SUCH OTHER MATTERS RELATED THERETO," with any such revisions as the Chairman, Vice-Chairman, Clerk to the Board, with the advice of counsel, may deem necessary and appropriate. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the entire packet of related documents is on file in the Finance Department. JASMINE COVE ASSISTED RETIREMENT COMMUNITY UPDATE Department of Social Services Director LaVaughn Nesmith and Department of Social Services Division Manager Wanda Marino provided a summary of actions taken on the Jasmine Cove Assisted Retirement Community (formerly The Meadows) by the North Carolina Division of Facility Services as a result of recommendations NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 661 submitted by New Hanover County Department of Social Services. The North Carolina Division of Facility Services has taken the following actions: . On August 11, 2006 all admissions were suspended effective immediately until conditions or circumstances merit removing the suspension with a right to contest within twenty days and they were notified of the intent to issue a Provisional License. . On August 29, 2006 a Provisional License was issued and will remain in effect until November 28, 2006. The Suspensions of Admissions is to continue until conditions or circumstances merit removing the suspensIOn. After discussion on the seriousness of the violations and the responsibility at the State level, the Board directed Staff to continue providing them with updates. PUBLIC HEARING TO CONSIDER A REQUEST BY SAMANTHA CROOM FOR A SPECIAL USE PERMIT FOR AN IN-HOME DAYCARE FOR TWELVE CHILDREN ON .26 ACRE OF PROPERTY LOCATED AT 7213 QUAIL WOODS ROAD (S-566, 08/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Samantha Croom Senior Planner Jane Daughtridge reported that Samantha Croom is requesting a Special Use Permit for an in-home daycare for twelve children on a .26 acre of property located at 7213 Quail Woods Road and presented an overview of the proposed project. At the August 3, 2006 Planning Board meeting they voted to unanimously recommended approval of this request with no one speaking in opposition. Staff also recommends approval. Chairman Greer asked if the Petitioner would like to speak on the request. The Petitioner, Samantha Croom, stated that she is requesting to increase the number of children in her in- home daycare from six to twelve and requested the Board's approval. Senior Planner Daughtridge read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. County water and sewer serve the property. B. The property accesses Murrayville Road, an identified collector via Quail Woods Rd. C. Fire Service is available from the Wrightsboro Fire Station. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R -15 Residential. B. Off-street parking requirements of one space per employee and four spaces for off-street drop off and pick up are shown on the plan and meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The site plan indicates a parking arrangement to facilitate entrance to and exit from the property without backing into the right of way. D. The entire play area is in an enclosed fence with a minimum height of four feet. E. The applicant states the day care is licensed by the State of North Carolina. F. No outside on-premises signs are proposed or currently in place. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. No new structures are proposed for the Special Use. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan identifies this area as Urban, which provides for continued intensive development with urban services in place. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Daycare needs are not addressed in the 2006 plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 662 Chairman Greer confirmed with Ms. Croom that she was in agreement with the findings of facts as stated. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Samantha Croom to locate an in-home daycare for twelve children on a .26 acre of property located at 7213 Quail Woods Road based on the evidence presented and the findings of facts concluding that: 1) The use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) The use meets all required conditions and specifications of the Zoning Ordinance; 3) The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 8.1. PUBLIC HEARING TO CONSIDER A REQUEST BY ALEX HALL ON BEHALF OF GREEN MEADOWS PROPERTIES, LLC TO REZONE 5.09 ACRES OF PROPERTY LOCATED AT 1728 AND 1736 CASTLE HAYNE ROAD FROM R-15 TO B-2 (Z-846, 08/06) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Alex Hall, on behalf of Green Meadows Properties, LLC, is requesting to rezone 5.09 acres of property located at 1728 and 1736 Castle Hayne Road from R-15 to B-2 and presented an overview of the property. At the Planning Board's August 3,2006 meeting they voted unanimously to recommend approval with no one speaking in opposition to the request. Staff recommends approval. Chairman Greer asked if the Petitioner would like to speak on the request. The Petitioner, Alex Hall representing Green Meadows Properties LLC, presented an overview of the proposed project and requested approval. Chairman Greer asked if anyone from the public wished to speak on the request. Karen Hufham, resident on Castle Hayne Road, stated her concerns on the allowed uses in the B-2 zoning district and water and sewer issues. Chairman Greer reported that if the rezoning is approved development is required to be in compliance with the B-2 zoning district list of allotted uses and adequate water and sewer will have to be provided before the property can be developed. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Green Meadows Properties, LLC to rezone 5.09 acres of property located at 1728 and 1736 Castle Hayne Road from R-15 to B-2 finding that the request is: 1) Consistent with the purposes and intent of the land classification and associated policies in the 2006 land use plan; and 2) Reasonable and in the public interest as an expansion of an adjacent B-2 zoning district. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1,1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 50. PUBLIC HEARING TO CONSIDER A REQUEST BY NEW HANOVER COUNTY FIRE SERVICES FOR A SPECIAL USE PERMIT TO LOCATE A FIRE STATION IN A R-15 RESIDENTIAL ZONING DISTRICT ON 3.5 ACRES OF PROPERTY LOCATED AT 5807 MURRAYVILLE ROAD (S-562, 07/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Clyde 1. Cash Donnie Hall Matt Davis Malcolm Smith NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 663 Planning Director Chris O'Keefe reported that New Hanover County Fire Services Department is requesting a Special Use Permit to locate a fire station on 3.5 acres of property located at 5807 Murrayville Road in an R -15 District and presented an overview of the project. The New Hanover County Planning Board voted unanimously to recommend approval with the following conditions that the drive access be aligned with Knotty Court and low-level lighting is included in the final site design. At the Planning Board meeting adjacent neighbors presented a petition and expressed concerns about additional traffic, noise, light and drainage. Staff recommends approval with the conditions outlined by the Planning Board. Fire Chief Donnie Hall provided an overview of the proposed fire station and stated that as in previous projects, care will be taken to preserve the residential character of the area. Chairman Greer asked if anyone from the public wished to speak on the request. Clyde 1. Cash stated that he is opposed to the proposed fire station due to concerns of traffic and safety issues and requested a property value impact study be conducted. Commissioner Davis reported that in the past fire stations located in close proximity to residential areas has resulted in lower insurance premiums and has not been known to negatively affect property values. Hearing no further comments, Chairman Greer closed the Public Hearing. Planning Director Chris O'Keefe read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Murrayville Road is designated as a collector road in the County's thoroughfare classification plan. C. Current Level of Service on Murrayville Road is C & D. D. The site is not within the 100 year floodplain. E. Locating the fire facility in this vicinity will decrease response time. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Setbacks shall be in accordance with Section 52.5 and the Special Highway Overlay District requirements. The site plan shows a setback of over 200 feet on the east side of the property and approximately 85 feet on the west side of the property. B. Landscaping, including buffers, shall be in accordance with Section 67. C. Lighting shall be in accordance with 72-28(6). 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Other fire facilities are located within residential zoning districts in the county. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint CAMA Plan Update shows land classification as Transition. B. The area is approximately 1,500 feet from the intersection of N. College Road and Murrayville Road. Immediately adjacent uses are residential at this time. Cautious site design for the fire station will help preserve the residential character of the area while allowing for improved community safety. C. The vision statement in the 2006 CAMA Plan expresses the need to "adapt to growth as we preserve the values that make our community a great place to live. . ." Enhancing the County's ability to improve its emergency response in growing areas of the county would be consistent with the vision. Chairman Greer confirmed with Fire Chief Hall that he agreed with the findings of facts as submitted and the conditions recommended by the Planning Board and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to New Hanover County Fire Services to locate a fire station on 3.5 acres of property located at 5807 Murrayville Road based on the evidence presented and the findings of facts concluding that: 1) The use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) The use meets all required conditions and specifications of the Zoning Ordinance; 3) The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) The drive access be aligned with Knotty Court; and 2) Low-level lighting be included NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 664 in the final site design. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 8.2. Break Chairman Greer called for a break from 7: 15 p.m. until 7:35 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS & RAVENEL ON BEHALF OF BRAD AND SHERRY DUNKER FOR A SPECIAL USE PERMIT TO LOCATE A 204 CHILD DEVELOPMENT CENTER IN AN R-15 RESIDENTIAL ZONING DISTRICT ON 2.98 ACRES OF PROPERTY LOCATED AT 547 SANDERS ROAD (S-564, 07/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Sherry Dunker Cynthia Wolf Sharon Walker Brad Dunker Donnamarie Miller Joe Williamson Sid Bowman Cecile Montminy Lillian Martin Katie Canty Sidney A. Causey Senior Planner Daughtridge reported that Cindee Wolf representing Withers & Ravenel, on behalf of Brad and Sherry Dunker, is requesting to locate a 204 Child Development Center in an R-15 Residential Zoning District on 2.98 acres of property located at 547 Sanders Road and presented an overview of the proposed project. Chairman Greer asked if the Petitioner would like to speak on the request. Cindee Wolf, representing Withers & Ravenel on behalf of Brad and Sherry Dunker, presented an overview of the proposed project stating that parking requirements have been exceeded as well as setback buffers. A site evaluation for Venus flytrap plants was conducted and none have been identified on the proposed project. Traffic issues will be addressed as approved projects are developed and that they concur with the findings of facts that were presented at the Board's June 5, 2006 meeting. Petitioner Brad Dunker presented an overview of the proposed project reporting that they are committed to developing a quality seven star child development center. Donnamarie Miller spoke in favor of the Petitioners' request, stating that there are seldom any traffic jams on Sanders Road and that she does not foresee a traffic problem and that there is a need in the area for quality day care centers. She acknowledged those present in support of the project. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Sid Bowman, representing Saltaire Village Homeowners Association, presented a slide presentation and stated that the homeowners do not have an issue with day care centers or with the development of the existing R-15 zoning but have concerns that the approval of the special use permit will materially endanger the public health and safety for those traveling on Sanders Road. The proposed day care center will establish conflicting traffic patterns with the existing elementary school. Katie Canty, resident of 543 Sanders Road, requested the Board deny the special use permit based on traffic and safety concerns on Sanders Road due to heavy construction traffic and anticipated projects. Chairman Greer asked if there were rebuttal comments from the Petitioner. Cindee Wolf stated that the proposed project is not a public hazard and the pictures shown by the opposition were taken during brief periods of time and that the proposed project would not add additional traffic during a concentrated period of time. There is between 600 and 700 feet of space between the entrances of the school and proposed day care. Ms. Wolf presented an overview of the traffic mitigation that will be required with the already approved projects stating that they are providing a right turn lane as well as adequate parking to address the traffic safety Issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 665 Mr. Dunker reported that the approved projects in the area have access to Carolina Beach Road and/or River Road giving people other options than accessing Sanders Road. Sherry Dunker stated that she is one of the Petitioners and that they are willing to restrict the times of operation so as not to coincide with the drop-off times for Bellamy Elementary School. Chairman Greer asked if there were rebuttal comments from the opposition. Cecile Montminy, resident of Saltaire Village, requested the Board deny the special use permit request and submitted into the record petitions and acknowledged those present in opposition to the request. New Hanover County Sheriff Sidney A. Causey stated that he was not speaking in favor of, or in opposition to, the request. He provided an overview of the traffic safety issues on Sanders Road and described how the Sheriff's Department has tried to address them. Hearing no further comments, Chairman Greer closed the Public Hearing. Senior Planner Daughtridge reported that the Board of Commissioners heard this request at its June 5, 2006 meeting and voted to deny the request by a vote of 3-2. Since that time, certain modifications were made by the Petitioner and resubmitted to the Planning Board. At the Planning Board's August 3, 2006 meeting they voted to recommend denial by a vote of 6-1. The adjacent neighbor and neighbors from Saltaire Village subdivision expressed concern for the additional traffic impact on Sanders Road and objected to a perception of commercialization in the residential district. The Board's recommendation was based on the position that Sanders Road traffic impacts from ongoing residential and commercial development have not yet been mitigated, and therefore, the true potential impacts of a large day care operation cannot yet be evaluated. Staff recommends that, if approved, the project be required to participate in the cost -share of road improvements to Sanders Road based on existing Traffic Impact Analyses and NCDOT requirements. Senior Planner Daughtridge read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The Planning Board determined that traffic on Sanders Road is currently too congested to safely add this type of traffic generator prior to planned improvements. B. County water and sewer will serve the property. C. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road an identified collector. D. Fire Service is available from the Myrtle Grove Fire Department. E. The property is not located in a flood hazard area. F. NCDOT traffic engineering department did not require a Traffic Impact Analysis. G. The applicant is proposing to voluntarily install a right turn/deceleration lane westbound on Sanders Road. H. Parents may be able to combine trips with the elementary school. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R -15 Residential. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The majority of parking spaces provided on-site would be utilized by staff. D. The entire play area will be within an enclosed fence with a minimum height of four feet. E. The applicant states the day care will be licensed by the State of North Carolina. F. The site plan reflects Section 72-20 for sign dimension limits, when located on a collector or arterial, which cannot exceed a maximum size of 12 square feet (i.e. 3 x 4). 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. Buffers in accordance with Section 67 of the ordinance are reflected on the site plan. D. Applicant volunteers to provide low profile lighting in the islands of the parking lot and an opaque fence on the east side of the property in addition to the vegetative buffer screen. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not address day care needs. C. Bellamy Elementary School is located adjacent to the proposed site. D. An independent site evaluation for the presence of Venus Fly traps observed no plants on this site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 666 Senior Planner Daughtridge confirmed with Commissioner Kopp that currently only turn lanes are proposed to be added in conjunction with approved development but Sanders Road is not scheduled to be widened of improved. Commissioner Pritchett confirmed with Brad Dunker that the request is for a 204 child day care with an additional ninety slots for an after school program. Commissioner Pritchett clarified with Brad Dunker that the highest day care rating that the State offers is five stars, not seven stars. Hearing no further comments, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to deny a Special Use Permit to Withers & Ravenel on behalf of Brad and Sherry Dunker to locate a 204 Child Development Center in an R-15 Residential Zoning District on 2.98 acres of property located at 547 Sanders Road based on the evidence presented and the findings of facts concluding that the use will materially endanger the public health or safety if located and developed according to the plan as submitted and approved. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order denying the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 8.3. Break Chairman Greer called for a break from 8:40 p.m. until 8:50 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY DOMINION LAND CORPORATION ON BEHALF OF DARGAN T. TUNSTALL, CARROLL T. ECKEL AND MABEL H. TRASK TO REZONE APPROXIMATELY 107 ACRES OF PROPERTY LOCATED NEAR NORTH COLLEGE ROAD AND PARMELE ROAD FROM R-15 AND 1-2 TO CONDITIONAL R-I0 (CD) RESIDENTIAL DISTRICT (Z- 844, 07/06) (S-565, 07/06) Chairman Greer opened the Public Hearing and announced that the Conditional Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Candice Alexander Matthew Nichols David S. Hollis Billy Fowler Thomas Radewicz Gary W. Ahlberg Montell Irwin John Tunstall Hector Ingram Planning Director Chris O'Keefe reported that Dominion Land Corporation, on behalf of Dargan T. Tunstall, Carroll T. Eckel and Mabel H. Trask, is requesting to rezone approximately 107 acres of property located near North College Road and Parmele Road from R-15 and 1-2 to Conditional R-lO (CD) Residential District and presented an overview of the subject property. The property is currently vacant and spans an area just under a quarter of a mile wide, adjacent to the New Hanover County Jail between North College Road and the Seaboard Coastline Railroad right-of-way. Along the northern boundary of the subject property are Parmele Woods, Creekstone and Rustic Acres, as well as several undivided residential parcels. Street stubs are in place in each of the existing subdivisions, providing opportunity for future connectivity to Parmele Road, which is a designated collector road on the thoroughfare plan. The Rustic Acres right-of-way is private. Property to the west is zoned R-20 and includes Castle Hayne Park and vacant land east across North College Road is zoned B-1 and R-15. Break Chairman Greer called for a break from 9:00 p.m. until 9:07 p.m. Chairman Greer reported that the Petitioner has a right to withdraw or modify a conditional use rezoning petition prior to the Board's vote, if the rezoning is denied; a twelve month waiting period is imposed before another petition can be filed. Planning Director O'Keefe continued an overview of the proposed project reporting that this proposal would appear to be consistent with the strategies for aquifer resource protection in this land classification and sewer capacity is currently available but limited in the northern portion of the county. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 667 At August 3, 2006 meeting the Planning Board voted unanimously to recommended approval. Neighbors in the adjoining subdivisions spoke in opposition to the request due to concerns about increased traffic, increased density in the aquifer recharge area and increased drainage problems. Staff supports approval of both the rezoning and conditional use request. Chairman Greer asked if the Petitioner would like to speak on the request. Matthew Nichols, representing Dominion Land Corporation, presented a history of the proposed project and introduced staff present. He entered into the record a printed presentation of the Parsons Mill Farm project. Candice Alexander, representing Dominion Land Corporation, presented an overview of the proposed project stating that they have worked closely with the area stakeholders. Special features of the proposed project are sidewalks, a storm water management system, curbs and gutters, a community park with swimming pool, club house, soccer and softball field and green space, and a managed homeowner's association. Hector Ingram, with Ingram McKenzie and Associates, stated that it is his professional opinion as a Certified General Appraiser that the development of the Parsons Farm project as proposed will have no diminution of value upon the adjoining properties to the north. Chairman Greer asked if the Opposition would like to speak on the request. Gary Ahlberg, Professional Engineer and resident of Plumtree Lane, requested the Board deny the proposed project based on increased density in the aquifer recharge area and increased drainage problems stating that his primary objections to the project include: . Aquifer Resource Protection classification density limited to 2.5 units per acre. . Conditional Use process not intended to increase density of existing residential zoning. . Low impact development design necessary for Prince George Creek Watershed best management practices flood control. . Type of development, traffic and safety issues and changes to the value of existing neighborhoods. Chairman Greer asked the Petitioner for rebuttal comments. Matthew Nichols stated that the requested rezoning and proposed project are designed to be consistent with the Resource Protection land classification purposes. John Tunstall, consulting engineer with Norris, Kuske and Tunstall, reported that the proposed project is designed to address storm water runoff issues. Chairman Greer asked the Opposition for rebuttal comments. Gary Ahlberg stated that he agrees that the 1-2 zoning needs to be changed but disagrees with the rezoning request because it is not consistent with the existing neighborhoods R-15 zoning. Hearing no further comments, Chairman Greer closed the Public Hearing. Planning Director O'Keefe entered into the record the following findings offacts: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. County water and sewer are accessible for the property. B. Sewer capacity is currently limited in the northern portion of the county. C. The primary property access is from N. College Road, an identified arterial. D. Fire Service is available from the Wrightsboro Fire Station. E. The property is not located in a flood hazard area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential and 1-2 Industrial. This request is made concurrent with Z- 844 for conditional rezoning to CD(R-lO) Residential. B. Off-street parking must meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. Traffic circulation must meet the standards and requirements of the subdivision ordinance. D. A traffic impact analysis has been provided which indicates a slight reduction in resultant traffic if developed according to the proposed plan. E. The site plan indicates connectivity to Parmele Road via Saddlebrook Drive, Plumtree Lane, and Creekstone Lane. F. Buffer of 13 acres will be provided between the residential use and the County Jail property. G. Trees must be protected as required in Section 67 of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 668 A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Storm water management must perform in compliance with the requirements of the County ordinance. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan identifies this area as Aquifer Resource Protection, which allows for urban densities where public water or sewer is available. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Adjacent neighborhoods to the north are zoned R-15. The Planning Board heard this request in conjunction with Conditional Rezoning at its August 3, 2006 meeting and unanimously recommended approval. Staff recommends approval with the following conditions: . Conform to the recommendations of the traffic impact analysis, as reviewed and approved by the MPO and NCDOT. . Include identified wetland areas on the site plan in the conservation easement. Chairman Greer confirmed with the Petitioner that they agree with the findings of facts as presented and the conditions recommended by staff and that they wish to proceed with the conditional use permit request. Chairman Greer requested direction from the Board concerning the rezoning request. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to rezone approximately 107 acres of property located near North College Road and Parmele Road from R-15 and 1-2 to Conditional R-lO (CD) Residential District finding that the request is: 1) Consistent with the purposes and intent of the Aquifer Resource Protection classification and associated policies in the 2006 Land Use Plan because water and sewer is available; and 2) Reasonable and in the public interest as a transition between 1-2 Industrial and R-15 Residential Districts. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 33. Chairman Greer called for a motion to grant the Conditional Use Permit. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Conditional Use Permit to Dominion Land Corporation, on behalf of Dargan T. Tunstall, Carroll T. Eckel and Mabel H. Trask, to locate a R- IO residential single family attached neighborhood located near North College Road and Parmele Road based upon the evidence presented and findings of fact concluding that: (l) the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) the use meets all required conditions and specifications of the Zoning Ordinance; (3) the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and (4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) Conform to the recommendations of the traffic impact analysis, as reviewed and approved by the MPO and NCDOT; and 2) Include identified wetland areas on the site plan in the conservation easement. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Conditional Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 8.4. ADOPTION OF RESOLUTIONS AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH BANC OF AMERICA County Manager Bruce Shell reported that on August 7, 2006 the County received five financing proposals from banking/lending institutions for installment purchase contracts for the CISCO telephone system, the 800 MHZ equipment and the landfill compactor. After careful analysis staff recommends the Installment Purchase Contract be awarded to Bank of America and requests the Board adopt the resolutions authorizing the execution and delivery of an installment purchase contract with Banc of America Public Capital Corp and directing the filing of an application with the Local Government Commission of North Carolina for approval of a financing contract authorized by G.S. 160A-20. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolutions authorizing the execution and delivery of an installment purchase contract with Banc of America Public Capital Corp and directing the filing of an application with the Local Government Commission of North Carolina for approval of a financing contract authorized by G.S. 160A-20. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5,2006 BOOK 30 PAGE 669 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 9.4. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10: 10 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:49 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. There being no further business, Chairman Greer adjourned the meeting at 10:50 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board