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2006-11-13 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 698 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 13, 2006, at 1 :00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, 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 Carl Byrd, Director of the Human Relations Department, 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 Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on October 16, 2006, as presented by the Clerk to the Board. Adoption of Resolution Increasing the Number of Electronic Monitored Pretrial Release Detainees to Ninety and Approving the Associated Budget Amendment - Pretrial Release The Commissioners adopted the resolution increasing the number of electronic monitored pretrial release detainees to ninety and approving the associated budget amendment #07 -084. Bud2et Amendment Number: 07-084 Devartment: Pretrial Release 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 Pretrial Release: Contracted Services Decrease Increase $24,212 Revenue Appropriated Fund Balance: Appropriated Fund Balance Decrease Increase $24,212 Explanation: To budget ten additional electronic bracelets for Pre-Trial Release Program. This increases the number of electronic bracelets from eighty to ninety. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 13.1. Adoption of Resolution Approving the Donation of Two Vehicles to Cape Fear Community College - Sheriff's Office The Commissioners adopted the resolution approving donating two Ford Crown Victoria vehicles to Cape Fear Community College to be used for basic law enforcement driving training. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 13.2. Ratification of Child Fatality Prevention Team Appointment - Health Department The Commissioners ratified the Child Fatality Prevention Team appointment of Gail McGirt, RN to fill the Emergency Medical Services Provider vacancy. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 699 Adoption of Joint Resolution with the City of Wilmington Appointing the Human Services Representative to the WAVE Transit Authority Board The Commissioners adopted the joint resolution with the City of Wilmington appointing Aileen Mair as the Human Services Representative to the Wave Transit Authority. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 13.3. Approval to Enter into the Minutes the Notation that Per a Court Order by Judge Alford a Special Use Permit has been Granted as Requested by Kevin Hoban for a High Density Residential Project - Legal Department The Commissioners approved entering into the minutes the notation that per a court order by Judge Alford a Special Use Permit has been granted as requested by Kevin Hoban for a high density residential project comprised of 122 units located at 4416 South College Road (S-549). A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book IV, Page 9.1. Approval of Amended Cape Fear Museum Collection Policy - Cape Fear Museum The Commissioners approved the amended Cape Fear Museum Collection Policy. Language was corrected to identify "Museum Advisory Board" where previously "Board of Trustees" was the title and numbers have been changed to result in a sequential document as well as new procedures that are more accommodating to potential donors. Authorization to Submit a Grant Application to the 2007 Museums for America Program - Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application to the 2007 Museums for America Program sponsored by the Institute of Museum and Library Services in the amount of $150,000. If awarded, the required match will be provided by an equal value of in-kind staff salaries and money budgeted for implementation of new long-term exhibits and continues replacement of the early years of the long-term Waves & Currents exhibits. Approval of Architectural and Engineering Contracts for Veterans Park, Phase IV - Parks Department The Commissioners approved the reinstatement of the contracts with LS3P/Boney for the final design, engineering and project management in the amount of $167,000 and with Hanover Design Services for topographic, as-built and other mapping services in the amount of $1l,040 for Veterans Parks, Phase IV. The contract with LS3P/Boney will also include the preparation and filing of an application for a P ARTF matching grant for $500,000. Funds are available in the Parks Bond Referendum. Approval of Temporary Removal of Deeds/Record Books for Purpose of Restoration and Preservation Project - Register of Deeds The Commissioners approved the temporary removal of approximately twenty-eight deed books and other vital records books to the Joseph 1. Marotti Company, Inc. for restoration to preserve the documents as required by North Carolina Statute. The temporary removal of these records is scheduled over a three-year period. Arrangements have been made that requests for information will be processed by phone, mail or fax, usually on the same business day. Acceptance of Grant Award from the Office of Justice Programs and Approval of the Associated Budget Amendment - Sheriff's Office The Commissioners accepted the grant award on behalf of the Sheriff's Office from the Office of Justice Programs in the amount of $22,320 and approved the associated budget amendment #07-082. The funds will be used for the purchase of bulletproof vests. Bud2et Amendment Number: 07-082 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Contingencies: Contingencies Uniform Patrol: Uniforms Purchase Decrease Increase $22,320 $44,640 Revenue Uniform Patrol: Office of Justice Program Grant Decrease Increase $22,320 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 700 Explanation: To budget grant award in the amount of $22,320 from the Office of Justice Programs' FY 2006 Bulletproof Vest Partnership Program. This is a 50-50 grant with a local match of $22,320. The grant award and local match will provide a total of $44,640 for the purchase of bulletproof vests for the Sheriffs Office Law Enforcement Personnel. Approval of Release of Tax Values The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Forbes, Shirlee 1. Morgan, Betty Jean Picone, Anna L. Riley, Gloria G. Smith, Kenneth 1. $47,907 20,000 54,633 20,000 4,598 The Commissioners released the following late list penalties as this was the taxpayer's first offense: Comfort Solutions Hanover Federal Credit Union JTV Management Co. Rose Brothers Furniture Inc. $10.80 27.06 76.00 17.57 Approval of Budget Amendments The Commissioners approved the following budget amendments: Bud2et Amendment Number: 07-066 Devartment: Health 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 Women's Preventive Health: Supplies Decrease Increase $19,732 Revenue Women's Preventive Health: Women's Preventive Health Decrease Increase $19,732 Explanation: To budget increase in Women's Preventive Health Grant for the purchase of additional oral contraceptives. Bud2et Amendment Number: 07-072 Devartment: Museum 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 Training and Travel Decrease Increase $ 500 Revenue Duke Research Grant Decrease Increase $ 500 Explanation: To budget additional monies received from the Duke Research Grant. Funds will be used for travel to research archives for information to be incorporated into future Museum exhibits. Bud2et Amendment Number: 07-073 Devartment: Devartment of 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 701 Bud2et Amendment Number: 07-073 (Cont.) Expenditure Transportation: TAP - Elderly Decrease Increase $ 122 Revenue Transportation: Elderly Transportation Grant Decrease Increase $ 122 Explanation: To budget additional funds received from Elderly Transportation Grant. Bud2et Amendment Number: 07-075 Devartment: Criminal Justice Partnershiv Pr02ram 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 Contract Services Decrease Increase $28,810 Revenue Criminal Justice Partnership Program Grant Decrease Increase $28,810 Explanation: To increase budget to actual amount of grant award received from Criminal Justice Partnership Program Grant for FY 06-07. Funds are used to pay Coastal Horizons for the Day Sentencing Program. Bud2et Amendment Number: 07-081 Devartment: Health 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 Mobile Dental Unit: Supplies Decrease Increase $20,000 Revenue Mobile Dental Unit: Miscellaneous Revenue Decrease Increase $20,000 Explanation: To budget funds received from the Brunswick County Health Department to purchase supplies for the Mobile Dental Unit as part of their partnership with the New Hanover County Health Department. Bud2et Amendment Number: 2007-37 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Federal Forfeited Property Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Federal Forfeited Property: Supplies Decrease Increase $16,393 Revenue Federal Forfeited Property: Federal Forfeited Property Decrease Increase $16,393 Explanation: To budget additional funds received on October 20,2006 and October 27,2006. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 702 REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Thomas C. Tatum - Library Karen B. Zuege - Health Department Twenty Year: Thomas W. Farmer - Water & Sewer Engineering Barbara L. Rowe - Cape Fear Museum On behalf of the Board, Chairman Greer presented a servIce award to each employee, expressed appreciation and thanked them for their dedicated years of service. ADOPTION OF PROCLAMATION DECLARING NOVEMBER 1 - DECEMBER 31,2006 AS "FRIENDS FEEDING FRIENDS" FOOD DRIVE IN NEW HANOVER COUNTY Chairman Greer reported that Tamsie Lynch, on behalf of the Wilmington Branch of the Food Bank of Central and Eastern North Carolina, has requested that the Board proclaim November 1 - December 31, 2006, as "Friends Feeding Friends" Food Drive in New Hanover County. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring November 1 - December 31, 2006, as "Friends Feeding Friends" Food Drive 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 13.4. PUBLIC HEARING TO CONSIDER AMENDING THE ARTICLES OF INCORPORATION OF THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY TO INCREASE THE REPRESENTATION OF BLADEN COUNTY ON THE AUTHORITY'S BOARD AND TO ADOPT THE RESOLUTION APPROVING THE CHANGE IN MEMBERSHIP Chairman Greer opened the Public Hearing and reported that the Lower Cape Fear Water and Sewer Authority is requesting the Board approve amending the articles of incorporation to increase the representation of Bladen County on the Authority's Board and to adopt the resolution approving the change in membership. The increase in membership for Bladen County is due to the surface water facilities being constructed there by the Lower Cape Fear Water and Sewer Authority. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution amending the Lower Cape Fear Water and Sewer Authority articles of incorporation to increase the representation of Bladen County on the Authority's Board and to approve amending the articles of incorporation. 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 13.5. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUEST BY LEWIS MARTIN AND JUSSARA BASTOS TO LOCATE A BED AND BREAKFAST INN ON 1.28 ACRES OF PROPERTY LOCATED AT 1731 CASTLE HAYNE ROAD IN AN R-15 ZONING DISTRICT (S-567, 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 Lewis Martin Planning Director Chris O'Keefe reported that Lewis Martin and Jussara Bastos are requesting a Special Use Permit to locate a Bed and Breakfast Inn on 1.28 acres of property located at 1731 Castle Hayne Road in an R- 15 Zoning District and presented an overview of the proposed project. At the Planning Board's meeting on October 2, 2006, they voted 4 to 0 to recommend approval. One neighbor who could not attend the meeting sent an email expressing their concerns about lighting, traffic and septic problems in the area. Staff recommends approval with no additional conditions. Planning Director 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 703 A. The property is served by well and septic tank. B. The property accesses Castle Hayne Road, an identified arterial. 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. Bed & Breakfast is allowed by special use permit in the R -15 Residential District. B. Off-street parking requirements of one space per bedroom plus one per employee 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. A circular drive will be added. D. Signage cannot exceed four square feet. E. No lighting beyond normal residential lighting is allowed. 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. Until recently Bed & Breakfast Inns have not been allowed in the 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. D. The applicant proposes to offer two of the four existing bedrooms for bed and breakfast 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 Transition, 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. Commissioner Pritchett confirmed with Planning Director O'Keefe that low-level lighting on the sign is allowed according to County ordinance. Chairman Greer asked if the Petitioner would like to speak on the request. Lewis Martin, the Petitioner, confirmed that he agreed with the findings of facts as read and presented a brief overview of the project requesting the Board's approval. He stated that the septic system has been satisfactorily inspected. 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 Lewis Martin and Jussara Bastos to locate a Bed and Breakfast Inn on a 1.28 acres of property located at 1731 Castle Hayne 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 9.2. Chairman Greer reported that Regular Agenda Item 4.2 - Public Hearing to Consider a Request by Worsley Investment and Development to Rezone Approximately Twelve Acres of Property Located at 5939 Judges Road from 1-1 Industrial District to R-1O Residential Zoning District (Z-849, 10/06) has been continued per the request of the Petitioner. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL ON BEHALF OF GSSC PROPERTIES, SELLERS, CARTER AND GASKINS TO REZONE APPROXIMATELY 5.79 ACRES OF PROPERTY LOCATED AT 609, 611, 621, 623 AND 625 PINER ROAD FROM R-15 RESIDENTIAL ZONING DISTRICT TO 0&1 OFFICE AND INSTITUTIONAL ZONING DISTRICT (Z- 850,10/06) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O'Keefe reported that Withers and Ravenel, on behalf of GSSC Properties, Sellers, Carter and Gaskins, are requesting to rezone approximately 5.79 acres of property located at 609, 6ll, 621, 623 and 625 Piner Road from R -15 Residential Zoning District to 0&1 Office and Institutional Zoning District and presented an overview of the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 704 The subject property is located on Piner Road near South College Road. Access is from Piner Road which is identified as a major collector on the thoroughfare plan. The level of service has been rated F on Piner Road and College Road. The average daily traffic volume has increased by 12% in this location between 2001 and 2005. The extent of traffic impacts will depend upon the uses ultimately chosen for the site. The subject property is currently developed with residential uses in addition to vacant, wooded acreage at the rear along Clayton Horn Dairy Road. To the east of the subject property is the Federal Point Pentecostal Church and two additional residential parcels. The property immediately west of the site is currently vacant but zoned 0&1. Located behind the site is approximately eighteen acres of property zoned R-15. This rezoning request would expand an existing 0&1 District on the west, partially filling in the gap between existing 0&1 Districts along Piner Road near the intersection. Permitted uses in the 0&1 district include agricultural uses, wholesale nurseries and greenhouses, utility facilities, towers and antenna, neighborhood drug store, banks, funeral homes, parks, barber and beauty shops, health and personal care facilities, daycare, schools, churches, business and professional offices, residential dwellings, mobile homes, and a variety of special uses, including high-density residential development. Staff recommends approval of the rezoning. At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of the request with no one speaking in opposition to the request. Chairman Greer asked if anyone from the public wished to speak in favor of or against 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 Kopp, to approve the request by Withers and Ravenel, on behalf of GSSC Properties, Sellers, Carter and Gaskins, to rezone approximately 5.79 acres of property located at 609, 6ll, 621, 623 and 625 Piner Road from R-15 Residential Zoning District to 0&1 Office and Institutional Zoning District finding that the request is: 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 decrease acreage in a residential zoning district by transitioning to acreage for office and institutional use in this location near the intersection of Piner Road and South College Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 77. PUBLIC HEARING TO CONSIDER A REQUEST BY WARD AND SMITH, PA ON BEHALF OF BILL CLARK HOMES OF WILMINGTON, LLC TO REZONE APPROXIMATELY 5.8 ACRES OF PROPERTY LOCATED AT 5025 AND 5031 CAROLINA BEACH ROAD FROM R-15 TO CD (R-I0) HIGH DENSITY (Z-851, 10/06) 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 Michael F. Moser Warren Rice Ray Cox Robert Ballard Tom Johnson Planning Director Chris O'Keefe reported that Ward and Smith, PA, on behalf of Bill Clark Homes of Wilmington, LLC, is requesting to rezone approximately 5.8 acres of property located at 5025 and 5031 Carolina Beach Road from R-15 to CD (R-IO) High Density and presented an overview of the subject property stating that the property is located off Carolina Beach Road adjacent to the Willoughby Park development. Access is from Appeals Road off Willoughby Park Road, onto Carolina Beach Road. Level of service has been rated E on Carolina Beach Road, meaning traffic volume is at capacity. No service ratings are available for the local streets. Between 2001 and 2005, average daily traffic volume increased by 30% on Carolina Beach Road in this vicinity. To the north of the subject property is The Lakes at Johnson Farms, a high density R-15 residential project. West of the site are older R-15 residential parcels separating the site from B-2 commercial zoning. To the east is the Willoughby Park neighborhood, which is a satellite annexation within the City of Wilmington's jurisdiction. Further east is the Wal-Mart and Lowe's Home Improvement Conditional B-2 shopping area. South of the project is a mix ofR-15 and CD (B-2) with R-1O residential further south. As a condition for rezoning, the applicant proposes that the use will be restricted to a high density residential project which will meet all the requirements of the zoning ordinance. A companion special use permit will bind the proposed use and restrictions to this property. The resulting increase would be five units for performance residential development and thirty-nine units for high density development. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 705 The Urban land classification promotes more intense urban development. Increases in intensity have been considered and approved in proximity to Monkey Junction to support the area becoming an urban node. The increase in intensity is consistent with the adjacent multi-family and nearby high density projects. For these reasons, Staff recommends approval. Planning Director O'Keefe read 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. Public water and sewer are accessible for the property. B. The property accesses an identified arterial via local streets meeting the access requirements of Section 69.9(A)2 for residential high density projects. C. Fire Service is available from the Myrtle Grove Fire Station. D. The property is not located in a flood hazard area. E. Storm water retention has been included in the proposed site plan. 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. This request is made concurrent with conditional rezoning to CD(R-IO) Residential. B. The proposed use is limited to attached single family residential. C. Density for this project is limited by the standards of Section 69.4(5)(B) and results in 43 allowable units on the 5.8 acre site. D. The Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 90 spaces rather than 86 as required. E. Traffic circulation must meet the standards and requirements for private streets outlined in the Subdivision Ordinance, and the street system must provide adequate access for emergency service vehicles. F. A traffic impact analysis was not required by NCDOT for this project. G. A buffer of 52 feet will be provided between the existing conventional R-15 residential use and this property in accordance with Section 67-4(3) of the Zoning Ordinance. H. A tree survey has been performed and trees will be protected and mitigated 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. 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 Urban, which allows for higher densities and intensities where public water or sewer is available. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. C. Willoughby Park is a community of attached dwelling units and The Lakes at Johnson Farms is a single family high density community. At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of the request. Several residents of the Willoughby Park neighborhood expressed concerns about drainage, traffic and construction traffic and hours. The developer agreed to the following list of conditions: 1. Developer to construct a coated chain link fence and a split rail fence around the retention pond. 2. Developer to plant a five foot vegetative buffer across the southeastern property line to conceal the retention pond. 3. Developer will limit construction to Monday through Friday from 8:00 a.m. to 6:00 p.m. Chairman Greer asked if the Petitioner would like to speak on the request. Robert Ballard, on behalf of the Petitioner, presented an overview of the proposed request stating that the request is consistent with the Land Use Plan, with the surrounding area and all requirements of the zoning ordinance have been met. He confirmed that he agreed with the findings of facts and conditions as presented. Chairman Greer asked if the Opposition would like to speak on the request. Warren Rice, Vice-President of the Willoughby Park Homeowners Association, stated concerns about storm water drainage, traffic and construction work hours. He reported that the developer of Willoughby Park has been cited with a retention pond violation order and is concerned that the same developer will be developing the proposed project. A meeting is set for tomorrow with the Department of Water Quality to attempt to resolve the problem. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 706 Ray Cox, resident of Willoughby Park, stated concerns about storm water drainage issues and traffic. Planning Director O'Keefe reported that the violation order is concerned with run-off water quality issues not water quantity issues that are addressed in the storm water regulations although water quantity can affect water quality. Tom Johnson with Ward and Smith PA, representing the Petitioner, presented an overview of the proposed project stating that traffic impact will be minimal and the storm water issues at Willoughby Park are being addressed by the developer. Chairman Greer informed the Petitioner of their right to withdraw or modify the conditional use rezoning petition prior to the Board's vote stating that if the rezoning request is denied there is a twelve month period before another petition can be filed. After Board discussion concerning the safety factor of the single road entrance, the existing storm water issues at Willoughby Park and traffic impact, Chairman Greer asked Mr. Johnson if he would like to continue with the request. Mr. Johnson requested a continuance until the Board's December 4,2006 meeting to allow time to address the storm water and drainage issues. Michael Moser, property owner and resident, spoke on the storm water runoff route that is planned stating that the impact on traffic will not be an issue and there has not been a water drainage problem in the past. Break Chairman Greer called for a break from 2:30 p.m. until 2:53 p.m. DENIAL OF REQUEST FOR ROOM OCCUPANCY TAX FUNDS FOR ATLANTIC INTRACOASTAL WATERWAY DREDGING AND NOURISHMENT Assistant County Manager Dave Weaver reported that the segment of the Atlantic Intracoastal Waterway, crossed by Carolina Beach Inlet at Snows Cut, is in need of dredging. In the past, the Federal government, specifically the Army Corps of Engineers, has been responsible for the maintenance of the Atlantic Intracoastal Waterway but due to Federal budget cuts, the maintenance has been eliminated from the Army Corps of Engineers' list of projects. The County has been requested to enter into a 50:50 partnership with the North Carolina Department of Environment and Natural Resources, Division of Water Resources, and contribute up to $781,250 for a total cost of almost $1.57 million for the dredging of approximately 156,000 tons of sand in the Atlantic Intracoastal Waterway. The sand would be placed on the Carolina Beach Freeman Park area just north of an on-going, current Federally funded, beach renourishment project. Because the sand can be used for beach nourishment the project is beneficial and is eligible for funding through the use of the Room Occupancy Tax. The Ports, Waterway and Beach Commission have recommended the County participate in the project. The Corps of Engineers will manage the project. Due to the tight time schedule for the dredging to occur this winter, Staff is recommending the County partner with the State and contribute fifty percent of the cost, up to $781,250, through adoption of a resolution. A similar approach was taken for funding the recent Wrightsville Beach nourishment project in January 23, 2006. If approved, this action does not obligate the County to commit to fund any future Atlantic Intracoastal Waterway projects. If the sand was not being placed on Carolina Beach then the project would not be eligible for Room Occupancy Tax funds. Chairman Greer asked Assistant County Manager Weaver where the request originated seeking the County's involvement in the project. Assistant County Manager Weaver reported that the Army Corps of Engineers dredges this area of the Atlantic Intracoastal Waterway every one to two years and due to Federal budget cuts they have made the request. Chris Frabotta, Project Manager with the Wilmington District of the Army Corps of Engineers, presented an overview of the proposed dredging and sand placement reporting that it is the responsibility of the Army Corps of Engineers to maintain the waterway based on Federally allocated funds. The current fiscal year budget proposes $3.37 million for waterway maintenance in North Carolina but the funds are specified for maintenance dredging for the channels north of Morehead City. The North Carolina Department of Environment and Natural Resources, Division of Water Resources, expressed an interest in providing supplemental funding for high priority need areas for navigation that were not being funded by the Federal government. Since there is a use for the sand, the State approached the County. The dredging of Carolina Beach Inlet has recently been completed to the authorized depth of 8'. It is not known if any Federal dollars will be allocated in the FY 07 budget for dredging of the Carolina Beach Inlet. Commissioner Davis asked Mr. Frabotta if the area where the sand IS to be placed III need of renourishment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 707 Mr. Frabotta reported that normally beach renourishment is done to protect structures; this is not a true beach renourishment but is a beach disposal where a navigational channel is being cleared with the beneficial use of the dredged material. Carolina Beach Mayor Bill Clark stated that the dredging project is important to Carolina Beach and to New Hanover County and requested the Board's support of the project. Kure Beach Mayor Tim Fuller spoke in favor of the project stating that it is an appropriate use of Room Occupancy Tax funds. After Board discussion stating concerns with the use of Room Occupancy Tax funds for projects that are the responsibility of the Federal government and not true beach renourishment projects, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving partnering with the North Carolina Department of Environment and Natural Resources up to $781,250, or 50% of the cost, whichever is the lesser amount, for dredging of the Atlantic Intracoastal Waterway crossed by Carolina Beach Inlet at Snows Cut, with Room Occupancy Tax funds. Upon vote, the MOTION FAILED 3 TO 2. Chairman Greer, Commissioner Davis and Commissioner Kopp voted in opposition. APPROVAL OF FEE ADJUSTMENT FOR SEDIMENTATION AND EROSION CONTROL PROGRAM County Engineer Greg Thompson reported that to meet the demands of development and to protect the environmental quality of New Hanover County, the Engineering Department is proposing a fee adjustment for the Sedimentation and Erosion Control services and permitting process. The proposed fee structure is comparable to other city and county fees and will cover the costs currently associated with the program and proposed staff additions. Staff additions were recommended in the report submitted by Municipal and Financial Services Group. North Carolina Department of Environment and Natural Resources, Land Quality Section, has audited the County's erosion control program and concluded that additional staff, both field inspectors and reviewers, are needed to meet the requirements of the State delegated program. Therefore, the Engineering Department is proposing the addition of a permanent position for an erosion control inspector to be hired as soon as possible. The position can be funded in the current budget for the remainder of the fiscal year. The proposed fee structure has been reviewed and approval recommended by the Home Builders Association. The new fee structure will generate approximately $300,000 in fee revenue per year. Jeff Stokley, Chairman of the Land Use Council for the Cape Fear Home Builders Association, spoke in support of the fee adjustments for sedimentation and erosion control program to fund additional staff required by the State to help administer the program in the County for quicker turnaround in the permitting process. The Association also supports the fee adjustments for storm water services for the creation of a comprehensive drainage management program through the proposed consolidation of water and sewer services. After a brief discussion, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the fee adjustment for sedimentation and erosion control program. Upon vote, the MOTION CARRIED UNANIMOUSLY. DENIAL OF FEE ADJUSTMENT FOR STORM WATER SERVICES County Engineer Greg Thompson reported that the storm water services fee structure has been reorganized to compliment the erosion control program and provide consistency between the two programs. If approved, the effective date of the fees will be January 1,2007. Commissioner Kopp clarified that the $300,000 generated by the proposed adjustment will not address any of the current storm water issues. Chairman Greer stated that he is in support of waiting and combining this effort with the City of Wilmington to approve a comprehensive plan to benefit the County as a whole through the water sewer consolidation effort. Commissioner Pritchett confirmed with County Engineer Greg Thompson that the fees associated with the adjustment will be used to administer the current storm water program. Jeff Stokley, Chairman of the Land Use Council for the Cape Fear Home Builders Association, stated support for use of the fees specifically for employees to administer the program and not for existing storm water Issues. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the fee adjustment for storm water services to ensure the County's ability to cover the cost of development of storm water plans, infrastructure requirements and mission-critical staff additions effective January 1, 2007 with the understanding that a comprehensive plan be developed for implementation upon the water sewer consolidation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 708 Substitute Motion: Chairman Greer MOVED, SECONDED by Commissioner Kopp, to deny the fee adjustment for storm water services. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Greer, Commissioner Davis and Commissioner Kopp voted in favor. APPROVAL OF BYLAWS FOR THE WATER SEWER CONSOLIDATION ADVISORY COMMITTEE Deputy County Attorney Kemp Burpeau reported that on October 26,2006, the Water Sewer Consolidation Advisory Committee approved bylaws establishing their name, purpose, membership, officers, meetings and amendments and requested the approval of the New Hanover County Board of Commissioners and the Wilmington City Council. After brief discussion concerning the necessity of the name of the committee containing the wording "consolidation", Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the bylaws for the Water Sewer Consolidation Advisory Committee with the addition of the wording "consolidation" inserted into the name of the advisory committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Plumbing Board of Examiners Chairman Greer reported that two vacancies need to be filled on the Plumbing Board of Examiners and two applications had been received with one eligible for reappointment and requested nominations from the Board. Vice-Chairman Caster nominated Michael Burdette in the Master Plumber category and Randall 1. Siegel in the Journeyman Plumber category. The nomination was seconded by Commissioner Kopp. Vote: The Board voted unanimously to reappoint Michael Burdette in the Master Plumber category on the Plumbing Board of Examiners and appoint Randall 1. Siegel in the Journeyman Plumber category on the Plumbing Board of Examiners with the terms to expire December 1,2009. Appointment to the Watershed Management Advisory Board Chairman Greer reported that one unexpired term needs to be filled on the Watershed Management Advisory Board with four applications having been received and requested nominations from the Board. Commissioner Pritchett nominated Carol Bower Johnson. The nomination was seconded by Commissioner Davis. Vice-Chairman Caster nominated Charles Lawrence Sneeden, Jr. The nomination was seconded by Commissioner Kopp. Chairman Greer called for a vote on the nominations. Vote: The Board voted 2 to 3 to appoint Carol Bower Johnson to fill an unexpired term on the Watershed Management Advisory Board with the term to expire February 28, 2008. Commissioner Davis and Commissioner Pritchett voted in favor. Vote: The Board voted 3 to 2 to appoint Charles Lawrence Sneeden, Jr. to fill an unexpired term on the Watershed Management Advisory Board with the term to expire February 28, 2008. Chairman Greer, Vice-Chairman Caster and Commissioner Kopp voted in favor. Appointment to the Zoning Board of Adjustment Chairman Greer reported that one vacancy needs to be filled on the Zoning Board of Adjustment with one applicant eligible for reappointment and three applications having been received and requested nominations from the Board. Vice-Chairman Caster nominated Michael S. Jones. The nomination was seconded by Commissioner Kopp. Hearing no other nominations, Chairman Greer called for a vote on the nomination. Vote: The Board voted unanimously to reappoint Michael S. Jones to serve a three-year term on the Zoning Board of Adjustment with the term to expire December 1,2009. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 4:25 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 4:29 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 13, 2006 BOOK 30 PAGE 709 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. Sandra Dixon, representing land owners and residents at 8300 to 8500 Market Street, requested that Market Street not be renamed to Old Market Street. John Dixon, resident of Market Street, requested the Board reconsider renaming Market Street to Old Market Street and presented a signature petition for the Board's consideration. He thanked Steve Scruggs with the Planning Department for all his help. After brief discussion the consensus of the Board was to direct staff to review the request and bring a recommendation back to the Board. ADDITIONAL ITEMS UPDATE ON THE RIGGINGS CONDOMINIUMS Commissioner Davis requested an update on the Riggins Condominiums. Chairman Greer reported that the Riggings Homeowners Association rejected the FEMA buy-out offer to relocate the units. Vice-Chairman Caster reported that it is unlikely that the Riggings will be included in the Kure Beach renourishment project due to the existence of the coquina rock outcrop and the present lack of Federal support. UPDATE ON THE PUBLIC DEFENDER'S OFFICE Budget Director Cam Griffin reported that per the Board's request, correspondence has been drafted for the Chairman's signature to Malcolm Hunter, Executive Director, Office of Indigent Defense Services for the State of North Carolina informing him that the Board is not in favor of establishing a Public Defenders Office in District 5 (Pender and New Hanover Counties). UPDATE ON SCHOOL LOTTERY FUNDS Budget Director Cam Griffin reported that first quarter funds in the amount of $436,000 are available to the New Hanover County School System for school construction. The School Board will be discussing the use of the lottery funds at their December meeting with a possible agenda item for the Board of Commissioners' consideration in January. The School Board's tentative plan is to request funds for construction items not funded in the FY 06-07 budget. Budget Director Cam Griffin clarified that New Hanover County is eligible for only one portion of the lottery funds. The second portion of the lottery allocation is eligible for those counties whose effective tax rate exceeds the statewide average. Based on the formula, New Hanover County is not eligible for the second portion of the lottery since the County's effective tax rate is lower than the state average. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 4:52 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board