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HomeMy WebLinkAbout2006-10-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 680 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 2, 2006, at 5:30 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; 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 Reverend Francis Daniel, Wesley Memorial United Methodist Church, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer reported that an additional item has been added to the Consent Agenda - Adoption of Schedules, Standards and Rules for the 2007 Revaluation and 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: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Adoption of Schedules, Standards and Rules for the 2007 Revaluation The Commissioners adopted the Schedules, Standards and Rules for the 2007 Revaluation. Copies of the Schedules, Standards and Rules for the 2007 Revaluation are on file in the Tax Department. Approval of Minutes The Commissioners approved the minutes of the Regular Meeting and the Closed Session Meeting held on September 18,2006, as presented by the Clerk to the Board. Approval of Reduction in the Medicare Transition Budget - Department of Aging The Commissioners approved the reduction in the Medicare Transition Budget for the Department of Aging in the amount of $22,969 and approved the associated budget amendment #07-039. The Department of Aging did not receive a grant from the North Carolina Health and Wellness Trust Fund Foundation for 2007. During the budget process funds were budgeted to cover salary expenses for one part -time staff person and operating costs for the Medicare Prescription Drug Program 2007. Other resources will be identified so services can be provided at least one day a week at a cost ofless than $10,000 for the 2007 fiscal year. Bud2et Amendment Number: 07-039 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: Expenditure Medicare Transition: Temporary Salaries Miscellaneous Pay Postage Expense Printing Supplies Employee Reimbursement Decrease Increase $19,971 $ 1,170 $ 100 $ 278 $ 900 $ 550 Revenue Medicare Transition: Medicare Transition Decrease Increase $22,969 Explanation: To budget reduction in Medicare Transition Program. Acceptance of Additional Home and Community Care Block Grant - Department of Aging The Commissioners accepted additional Home and Community Care Block Grant funds for the Department of Aging in the amount of $72,616 and approved the associated budget amendment #07 -040. The funds will be used for program growth of the Home Delivered Meal program, In-Home Aide program and Adult Day Care program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 681 Bud2et Amendment Number: 07-040 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 General Fund and that the following revenue is estimated to be available to meet this appropriation. Expenditure Case Management: Salaries and Wages FICA Retirement Long Term Disability Medical Insurance Nutrition/Transportation/In-Home Aide/ Adult Care: Contracted Services Decrease Increase $23,595 $ 1,805 $ 1,144 $ 64 $ 8,008 $38,000 Revenue Case ManagementlNutrition/Transportation/ In-Home Aid! Adult Day Care: Home & Community Care Block Grant Decrease Increase $72,616 Explanation: To budget additional Home and Community Care Block grant funds. Approval for the Airlie Gardens Foundation to Fund a Full-Time Environmental Education Coordinator Position - Airlie Gardens The Commissioners approved the request from Airlie Gardens Foundation to change funding for a temporary part-time Environmental Education Coordinator position to a full-time position. The position will design, plan, implement and teach on-site and outreach curriculum based educational programs. Adoption of Resolution Authorizing the Disposal of Surplus Equipment and Vehicles - Finance Department The Commissioners adopted the resolution authorizing the Finance Director's designated representative to dispose of surplus equipment and vehicles through a public auction to be held on October 28, 2006 at the Property Management Facility as permitted by North Carolina General Statute 160A-270(b). A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 11.1. Approval of Museum Deaccessions - Cape Fear Museum The Commissioners approved the deaccession list of items from the Museum's permanent collection as recommended by the Curator, Director, Collections Committee and Museum Advisory Board. Approval of Budget Amendments The Commissioners approved the following budget amendments: Bud2et Amendment Number: 07-038 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 Planning: Temporary Salaries Contract Services Postage Printing Supplies Health: Contract Services - CFMC Dental Unit Decrease Increase $ 8,613 $ 2,571 $ 1,000 $ 4,863 $ 3,784 $16,755 Revenue Planning: CAMA Land Use Plan Grant Decrease Increase $20,831 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 682 Bud2et Amendment Number: 07-038 (Cont.) Revenue Health: CFMC- Mobile Dental Unit Grant Decrease Increase $16,755 Explanation: To rollover unexpended grant funds from FY 05-06 to FY 06-07. Bud2et Amendment Number: 07-044 Devartment: Emer2encv Mana2ement 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 Emergency Management: Tropical Storm Ernest: Salaries and Wages Supplies Employee Reimbursements Contracted Services Decrease Increase $200,000 $ 77,500 $ 2,500 $ 20,000 Revenue Appropriated Fund Balance: Appropriated Fund Balance Decrease Increase $300,000 Explanation: To budget preliminary cost of Tropical Storm Ernesto. Fund balance is being appropriated due to the uncertainty of other revenue. Bud2et Amendment Number: 2007-26 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 FUND 305- Tidal Creeks, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Capital Project Expense: Decrease $5,000 Increase Revenue CWMTF Grant -Smith Creek Greenway Decrease $5,000 Increase Explanation: To correct grant amount; the grant is $25,000 with a $5,000 match. The grant was erroneously budgeted at $30,000 when it was approved by the Board. The match is available within the Capital Project Fund. REGULAR AGENDA ADOPTION OF RESOLUTION RECOGNIZING CORNING INCORPORATED ON THEIR 40TH ANNIVERSARY IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a resolution recognizing Corning Incorporated for forty outstanding years as a leading manufacturer in New Hanover County. 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 resolution recognizing Corning Incorporated on their 40th anniversary in New Hanover County. 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 11.2. ADOPTION OF PROCLAMATION DESIGNATING OCTOBER 2006 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Mary Ann Lama, Executive Director, Domestic Violence Shelter and Services, Inc., has requested the Board proclaim October 2006 as Domestic Violence Awareness Month in New NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 683 Hanover County. 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 October 2006 as Domestic Violence 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 11.3. ADOPTION OF PROCLAMATION TO DECLARE OCTOBER 8-14, 2006 AS FIRE PREVENTION WEEK IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a proclamation declaring October 8- 14, 2006 as Fire Prevention Week in New Hanover County. The theme is "Prevent Cooking Fires: Watch What You Heat". 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 October 8-14, 2006 as Fire Prevention Week 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 11.4. PUBLIC HEARING TO CONSIDER A REQUEST BY CINDEE WOLF WITH WITHERS AND RAVENEL ON BEHALF OF GL T PROPERTIES, LLC AND GSSC PROPERTIES, LLC TO REZONE APPROXIMATELY 18.58 ACRES OF PROPERTY LOCATED AT THE END OF CLAYTON HORN DAIRY ROAD FROM R-15 RESIDENTIAL DISTRICT TO R-I0 RESIDENTIAL DISTRICT (Z-847, 08/06) Chairman Greer opened the Public Hearing and requested Planning Director Chris O'Keefe to make the presentation. Planning Director O'Keefe reported that Cindee Wolf with Withers and Ravenel, on behalf of GLT Properties, LLC and GSSC Properties, LLC, is requesting to rezone approximately 18.58 acres of property from R- 15 Residential District to R-lO Residential District located at the end of Clayton Horn Dairy Road near the intersection of Piner Road and College Road and presented an overview of the proposed request stating that the rezoning petition will allow higher residential density from 2.5 units per acre to 3.3 units per acre on performance residential design. Traffic in the area is significant with the Level of Service rating on both Piner Road and South College Road being an F -failing. There is a potential of an increase in units from 46 units to 61. Although the land classification does not discourage higher density in this location, the character of the surrounding residential development would be somewhat compromised by higher density since the County requires interconnectivity with these neighborhoods. The Planning Board recommended approval by a vote of 4-1 at their September 7, 2006 meeting. One person spoke in opposition to the proposal, expressing concerns for the additional traffic that would be produced through the Greenbriar Subdivision. Staff recommends denial of the rezoning with the position that the current zoning classification is reasonable and consistent with surrounding established residential development. Chairman Greer asked if the Petitioner wished to speak on the request. Cindee Wolfe with Withers and Ravenel, on behalf of GL T Properties, LLC and GSSC Properties, LLC presented an overview of the proposed rezoning stating that approval of the request will result in an addition of thirteen units with the road interconnectivity allowing traffic flow in four directions and requested approval of the request. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Cheryl Blackwelder, resident of Greenbriar subdivision, stated that the interconnectivity of the road to their subdivision will increase traffic and requested the Board deny the requirement of interconnectivity. She also stated concerns for children's safety and flooding issues. There being no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to deny the request to rezone approximately 18.58 acres of property located at the end of Clayton Horn Dairy Road from R-15 Residential District to R-lO Residential District finding that the request is not: 1) Consistent with the purposes and intent of the Transition and Conservation land classifications and the associated land use policies adopted in the 2006 Land Use Plan; and 2) Reasonable and in the public interest to increase residential density from 2.5 to 3.3 units per acre in this location. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 684 Vice-Chairman Caster offered a substitute motion to approve the request to rezone approximately 18.58 acres of property located at the end of Clayton Horn Dairy Road from R -15 Residential District to R -10 Residential District. No second was received. Chairman Greer called for a vote on the motion. Vote: The Board voted 4 TO 1 to deny the request to rezone approximately 18.58 acres of property located at the end of Clayton Horn Dairy Road from R -15 Residential District to R -10 Residential District finding that the request is not: 1) Consistent with the purposes and intent of the Transition and Conservation land classifications and the associated land use policies adopted in the 2006 Land Use Plan; and 2) Reasonable and in the public interest to increase residential density from 2.5 to 3.3 units per acre in this location. Chairman Greer, Commissioner Davis, Commissioner Kopp and Commissioner Pritchett voted in favor of the motion. PUBLIC HEARING TO CONSIDER A REQUEST BY JONATHAN W. WASHBURN ON BEHALF OF WRIGHTSBORO PLAZA LIMITED PARTNERSHIP, EDWIN ENNIS SR, EDWIN ENNIS, JR, AND NANCY ENNIS TO REZONE APPROXIMATELY 98 ACRES OF PROPERTY LOCATED BEHIND WRIGHTSBORO PLAZA SHOPPING CENTER NEAR KERR AVENUE AND CASTLE HAYNE ROAD FROM R-20 RESIDENTIAL DISTRICT TO R-15 RESIDENTIAL DISTRICT (Z-848, 08/06) Chairman Greer opened the Public Hearing and requested Planning Director Chris O'Keefe to make the presentation. Planning Director O'Keefe reported that Jonathan W. Washburn, on behalf of Wrightsboro Plaza Limited Partnership, Edwin Ennis Sr., Edwin Ennis, Jr. and Nancy Ennis, is requesting to rezone approximately 98 acres of property located behind Wrightsboro Plaza Shopping Center near Kerr Avenue and Castle Hayne Road from R-20 Residential Zoning District to R -15 Residential Zoning District and presented an overview of the proposed request stating that access to the site is by way of an easement through the shopping center driveway onto Castle Hayne Road. As of April 2005 the Level of Service on Castle Hayne was F-failing. Castle Hayne Road is classified as an arterial roadway which has experienced a 23% increase in traffic volume between 2001 and 2005. North Kerr Avenue is a major collector which has experienced about a 4% increase in traffic between 2001 and 2005. The impact of the opening ofMLK Parkway and 1-140 bypass has not yet been evaluated. The rezoning request proposes an increase in residential density by extending an existing R-15 district and would increase density from 1.9 units per acre to 2.5 units per acre. High density residential would not presently be allowed because the property does not front on a collector or higher level street although a public right-of-way extension of North Kerr Avenue into the property could potentially qualify it for high density proposals. The property is within the Urban Services Boundary and public water and sewer are available in the vicinity. The Planning Board voted 3-2 to recommend approval at their September 7, 2006 meeting. Several residents from surrounding neighborhoods spoke in opposition to the request stating concerns about drainage, traffic and changes in the existing character of the area. Staff recommends approval of the request based on the adjacent existing R -15 zoning and the anticipation that the MLK Parkway and 1-140 bypass has improved the flow of traffic. Chairman Greer asked if the Petitioner wished to speak on the request. Jonathan W. Washburn, on behalf of Wrightsboro Plaza Limited Partnership, Edwin Ennis Sr., Edwin Ennis, Jr. and Nancy Ennis, presented an overview of the proposed project stating that drainage concerns will be addressed for the subdivision and existing shopping center for a more cohesive plan for the area. A traffic impact assessment will be required and they are prepared to address those findings. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Will Thornton, representing the citizens of Wrightsboro, requested the Board deny the request stating traffic concerns with the increase in density in the R-15 District and the recently approved residential project located off Blue Clay Road. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request to rezone approximately 98 acres of property located behind Wrightsboro Plaza Shopping Center near Kerr Avenue and Castle Hayne Road from R-20 Residential Zoning District to R-15 Residential Zoning District finding that the request is: 1) Consistent with the purposes and intent of the Transition Land Classifications and the associated land use policies adopted in the 2006 Land Use Plan; and 2) Reasonable and in the public interest to increase residential density from 1.9 to 2.5 units per acre in this location. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA lOA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1,1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section lOA, Page 28. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 685 PUBLIC HEARING REQUEST BY ELLIS AND SHERRY MCELROY TO APPEAL THE DECISION OF THE TECHNICAL REVIEW COMMITTEE APPROVING THE NAUTICAL GREEN SUBDIVISION (SA- 27,08/06) Chairman Greer opened the Public Hearing and requested Deputy Attorney Kemp Burpeau to make the presentation. Deputy Attorney Kemp Burpeau reported that before the Board is a request by Ellis and Sherry McElroy to appeal the decision of the County's Technical Review Committee approving the Nautical Green subdivision for thirty-five lots. On September 7,2006, the Planning Board voted 4 to 0 to deny the Petitioner's appeal and affirm the Technical Review Board's decision. In their decision, the Planning Board stated that all the technical requirements for the Nautical Green project had been met and that the Technical Review Committee's duties are ministerial and they are not charged with notifying adjoining landowners of proposed subdivision projects. The New Hanover County Board of Commissioners is charged with determining if the Technical Review Committee adhered to the letter of the law in their approval of the Nautical Green subdivision and subsequently, if the Planning Board was correct in affirming that approval. Gary Shipman, representing SECOF Construction, reported that the issue before the Board is technical in nature and the Board must decide if the Technical Review Committee and Planning Board ruled properly in approving the Nautical Green subdivision and that it does comply with the subdivision ordinance of New Hanover County. The burden of proof is upon the appellant to demonstrate to the Board that some aspect of the plan does not comply with the county subdivision ordinance. Upon agreement by the developer to build the roads to provide interconnectivity, the project was placed back on the Technical Review Committee agenda for their reconsideration. The Technical Review Committee reversed their previous decision and approved the Nautical Green subdivision for thirty-five lots. The Planning Board affirmed the Technical Review Committee's decision by a vote of 4 to O. Other objections stated by the petitioners are policy issues and are not a part of the approval process of the Nautical Green project. Ellis McElroy, the applicant and resident on Spencer Court, stated his concerns on the required street connectivity within a gated private community and that the R-15 density was not calculated properly approving thirty-five lots in the Nautical Green subdivision. He stated concern that the proposed project will devalue their property and that the process currently in place is flawed because it does not allow for adequate public input. Planner Sam Burgess reported that the Nautical Green subdivision and the Becker Woods subdivision are both located in The Cape subdivision and the road system is private. He explained the process used for calculating density within a performance residential development. If the developer chooses to leave the wetlands in their natural state no subtraction is made from the acreage when determining density. According to those calculations the Nautical Green subdivision was approved for 34.68 units and rounded off to the nearest whole to allow for thirty- five units. Planner Burgess presented an overview on the procedural history of the project stating that, after the initial denial from the Technical Review Committee, the developer of Nautical Green approached the County and indicated his willingness to improve the road stub from Becker Woods. Due to that change, the project was resubmitted to the Technical Review Committee for their reconsideration. Upon reconsideration, the Technical Review Committee approved the petition requiring the construction of the road stubs connecting to Becker Woods subdivision and Linksider Townhomes prior to final plat approval. Mr. McElroy was contacted via email twenty-six hours before the meeting of the Technical Review Committee on July 26, 2006. The Technical Review Committee agenda is posted on the County website and is not published in the newspaper or on signage. Commissioner Davis clarified with Planner Burgess that comments from both the petitioner and the opposition were heard by the Planning Board at their September 7, 2006 meeting and at that meeting the Planning Board voted 4 to 0 to uphold the Technical Review Committee's decision to approve Nautical Green subdivision for thirty-five lots. Mr. McElroy stated that they were not heard appropriately by the Planning Board and the questions they raised were not addressed nor answered. Chairman Greer reported that the developer of Nautical Green did not request a rezoning of the R-15 District, therefore, the proposed project did not require approval by the Planning Board; only the ministerial approval of the Technical Review Committee. Mr. Shipman presented an overview of the ministerial role of the Technical Review Committee stating that the Board is duty bound to affirm the decision of the Technical Review Committee and the affirmation by the Planning Board unless the appellant can prove that the decision was flawed. The Nautical Green subdivision does comply with the County's subdivision ordinances. The developer has met with the residents of Becker Woods and presented an overview of their project. Mr. McElroy referred to Performance Residential Regulations Section 51.5-2(11) stating that it allows the Board jurisdiction to prohibit subdivision development to any land deemed to be unsuitable for residential occupancy due to wetlands. He requested the Board not allow 60' wide lots in an R -15 District. Chairman Greer confirmed with Deputy County Attorney Burpeau that the Board is charged with deciding if the Technical Review Committee adhered to the letter of the law in their approval of the Nautical Green NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 686 subdivision. Both the Planning Board staff and Legal Department staff concur that the proposed project meets the requirements of the Performance Residential Standards. Don Demuth, President Cape Homeowners Association, reported that the homeowners association does not have control of either the Linksider Drive or Becker Woods road access. The main road will be taken over by the homeowners association once construction is complete. The homes are proposed to be 90% brick with a minimum heated square footage of 1750. The Cape Homeowners Association is currently working with the developer to increase the size of the lots to be acceptable to the people in The Cape. He requested that the Board establish a venue for public input for performance based development. Joel Sills, resident of Linksider Drive, stated his concern about the size of the proposed homes and lots and requested the Board address the notification issue and establish a process for public input. Gina Trotte, resident of Spencer Court, stated she was not opposed to development but was concerned that the development of the proposed project would devalue her property. Ann Bowman, resident of Sedgley Drive, stated her concern with the small lot sizes and storm water issues. There being no further comments, Chairman Greer closed the Public Hearing. After brief discussion concerning the necessity of upholding the law and upon the advice of Planning Department staff and Legal Counsel, Chairman Greer requested direction from the Board. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to uphold the July 26, 2006, decision of the Technical Review Committee approving the Nautical Green subdivision for thirty-five lots. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Greer instructed Staff to conduct a thorough review of the performance residential development process. BREAK Chairman Greer called for a break from 8:20 p.m. until 8:42 p.m. PUBLIC HEARING TO CONSIDER NAMING A NEWLY CONSTRUCTED SERVICE ROAD LOCATED BETWEEN PORTERS NECK ROAD AND FUTCH CREEK ROAD TO OLD MARKET STREET (SN-I00, 09/06) Chairman Greer opened the Public Hearing and requested Planner Sam Burgess to make the staff presentation. Planner Burgess reported that the subject road is a service road consisting of two segments located between Porters Neck Road and Futch Creek Road and presented an overview of the area. With the opening of the service road, emergency service personnel have requested the road be officially named. A proposal was made to name the service road Old Market Street. Planning staff recommends approval. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing none, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve naming the unnamed service road located between Porters Neck Road and Futch Creek Road to Old Market Street. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance naming the road is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 11.5. CONSIDERATION OF DEVELOPMENT OF AN ADVENTURE PARK LOCATED ON BLUE CLAY ROAD Parks Director Neal Lewis reported that the County owns approximately 208 acres of property on Blue Clay Road. Included on this site is the County Jail, the Juvenile Center and an EMS station. Coastal Horizons, Inc. is located on the southeastern corner of the property. Several years ago, the Parks Department was approached by off-road bicycle enthusiasts wanting to see BMX-type bicycle facilities developed on the site. The discussion was put on hold until completion of the jail. Discussions have resumed with the bicycle enthusiasts proposing that the county designate the remaining property for the development of an adventure park, with an emphasis on off-road bicycling and support facilities. The Parks & Recreation Advisory Board adopted a motion on September 6, 2006, requesting that the Board of County Commissioners formally designate the property for development as an adventure park site. Staff is requesting the Board designate the Blue Clay Road property as a County Park for the purpose of developing an Adventure Park with an emphasis on off-road bicycling facilities. If approved, the Parks Department will initiate a process to meet with interested parties to explore how best to develop this facility with consideration NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 687 given to how partnerships with businesses and interest groups can contribute to the design and development of the park, including options for funding. At this time there is no request for funding to develop the park. Future funding may be required to design and build the facility. After discussion concerning liability issues and funding options, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to direct staff to meet with interested parties and explore how best to develop an adventure park on County property located on Blue Clay Road and bring back a proposal to the Board with any associated cost, funding options and a report on the liability issues. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF REVISION TO THE COUNTY CODE OF ORDINANCES, SECTION 26-32 Deputy Fire Chief of Operations Matt Davis reported that staff is requesting the Board approve a revision to the County Ordinance Section 26-32 to include the appendices in the back of the North Carolina Fire Code book. A recent commercial plan review by the Fire Marshal's division presented issues with regard to fire code compliance when a developer was reluctant to make changes as advised because they were not required in the main body of the fire code. The parameters of the two particular issues were in the appendix of the fire code and therefore, are not enforceable without approval of the local governing body. The Ordinance revision will eliminate this scenario in the future with the revision listed below: Sec. 26-32. Purpose of this article. The purpose of this article is to provide for local enforcement of the state fire prevention code, including the appendices to the state fire prevention code, and all other provisions contained within this code. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve revising the New Hanover County Code of Ordinance Section 26-32 to read as follows: The purpose of this article is to provide for local enforcement of the state fire prevention code, including the appendices to the state fire prevention code, and all other provisions contained within this code. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended section of the New Hanover County Code of Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 11.6. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:09 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:30 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. ADDITIONAL ITEMS APPROVAL OF DEDICATION OF CONSTRUCTED WETLANDS IN MEMORY OF RAYMOND "RAY" LEE CHURCH Commissioner Pritchett requested the Board consider dedicating and naming the landfill constructed wetlands at the Department of Environmental Management in memory of Raymond "Ray" Lee Church, Jr. who passed away on September 25,2006. Under the direction of Ray Church, the Department of Environmental Management along with North Carolina State University and Sea Grant conducted a pilot study of the use of constructed wetlands to treat liquid leachate from the landfill. Results of this study led to the creation of a full scale wetland treatment system through funding by the North Carolina Clean Water Management Trust Fund. The constructed wetlands system allows New Hanover County to reduce and eventually eliminate its discharge of treated leachate into the Northeast Cape Fear River and adjacent waterways through the use of a natural ecosystem. Mr. Church's commitment to New Hanover County and the environment has and will continue to have a positive impact for years to come. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to approve the dedication of the constructed wetlands at the County's landfill to be named in memory of Raymond Lee Church. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF THE NORTH CAROLINA BEACH, INLET & WATERWAY ASSOCIATION ANNUAL MEETING LUNCHEON SPONSORSHIP Vice-Chairman Caster reported that the Board has been requested by the North Carolina Beach, Inlet & Waterway Association to be a partial sponsor of the luncheon at their annual conference in the amount of $2,000. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 2006 BOOK 30 PAGE 688 The annual conference will be held in Carolina Beach on November 13 and 14, 2006. The City of Wilmington and Town of Carolina Beach are also being asked to sponsor the luncheon in the amount of $2,000. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve sponsoring the luncheon at the North Carolina Beach, Inlet & Waterway Association Annual Conference in Carolina Beach in the amount of $2,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Item Submitted by Vice-Chairman Caster Vice-Chairman Caster congratulated National Gypsum's Wilmington Plant for being named one of America's Best Plants by Industry Week Magazine. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 9:36 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board