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2007-10-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 200 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 1, 2007, at 5:30 p.m. in the Human Resources Training Center, New Hanover County Government Center, 230 Government Center Drive, Suite 135, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; 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 Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Assistant County Manager Patricia Melvin gave the invocation. Ms. Melvin is retiring at the end of the month. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. WITHDRAWAL OF AGENDA ITEMS Chairman Caster reported that Regular Agenda Item 5.1 ? Special Use Permit (S-578, 9/07) ? Request by Ward & Smith, PA for GLT Properties and Blacher Properties, LLC to Place a 130-Bed Nursing Home Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner Road and 5635 Wood Ridge Road in the Transition Land Classification has been pulled at the request of the Petitioner. The Board will need to vote to approve the continuance and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to continue the request by Ward & Smith, PA for GLT Properties and Blacher Properties, LLC to place a 130-bed nursing home facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner Road and 5635 Wood Ridge Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reported that Regular Agenda Item 5.5 ? Text Amendment (A-352, 4/07) ? Request by Staff to Amend Article VI, Creating Section 69.18: Traffic Impact Review Process has been withdrawn to allow time for additional review. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. County Manager Bruce Shell reported that Consent Agenda Item 5 - Consideration of Resolution Awarding Contract 08-0098 to HealthMate Home Care, Inc. to Provide In-Home Aide Services has been withdrawn. Hearing no further comments, Chairman Caster requested a motion from the Board to approve the remaining items on the Consent Agenda as presented. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: ? Board of Equalization and Review meeting held on September 11, 2007 ? Regular Session meeting held on September 17, 2007 Approval of Sponsorship Request by the North Carolina Beach, Inlet & Waterway Association and Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners approved the annual conference sponsorship request in the amount of $2,000 by the North Carolina Beach, Inlet & Waterway Association and adopted budget ordinance amendment 08-036. The annual conference will be held at the Courtyard Marriott in Carolina Beach on November 12-13, 2007. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 31.1. Adoption of Resolution to Add Sherman Oaks Drive, Shire Lane and Shady Brook Lane in Shenandoah Woods Subdivision to the State Highway System The Commissioners adopted the resolution to addSherman Oaks Drive, Shire Lane and Shady Brook Lane in Shenandoah Woods Subdivision to the State Highway System (Division File No: 1094-N) A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 201 Authorization to Submit a Grant Application to the Senior Health Insurance Information Program ? Department of Aging The Commissioners authorized the Department of Aging to submit a grant application to the Senior Health Insurance Information Program in the amount of $10,000. If awarded, the funds will be used to support the existing Prescription Assistance Program from October 1, 2007 through June 30, 2008 for the salary of one existing part-time temporary staff person, supplies, and development of a Medicare educational outreach program. No local match is required and no requirement to continue funding for the program when grant funds are no longer available. Approval of Capital Outlay Budget Amendment 2 Transferring Savings from the Carolina Beach Elementary School Renovation Project to New Elementary and Middle School Projects ? New Hanover County School System The Commissioners approved New Hanover County Board of Education Budget Amendment 2 transferring existing funds from the Carolina Beach Elementary School Renovation project to new elementary and middle school projects. Adoption of Resolution Authorizing the Disposal of Surplus Equipment and Vehicles through County Auction ? Finance Department The Commissioners, pursuant to North Carolina General Statute 160A-270(b), adopted the resolution authorizing the disposal of surplus equipment and vehicles through County auction. The auction will be held on November 3, 2007. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.3. Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted budget ordinance amendment 2008-31 ? Federal Forfeited Property ? Sheriff?s Office. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 31.4. REGULAR AGENDA ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 1-7, 2007 AS TEXTILE HERITAGE WEEK IN NEW HANOVER COUNTY Chairman Caster reported that, Bill Blanton, Delgado/Spofford Mills Association, has requested the Board proclaim October 1-7, 2007, as Textile Heritage Week in New Hanover County. The members of the Delgado/Spofford Mills Association celebrated their 10th reunion in August in New Hanover County. Mr. Blanton presented an overview of the 107 year history of the Delgado Mill stating that for sixty-seven years the citizens of Wilmington set their clocks by the blowing of the mill whistle. Commissioner Pritchett read the proclamation into the record and moved for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation . recognizing October 1-7, 2007 as Textile Heritage Week in New Hanover County Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Blanton received the proclamation and thanked the Board for the recognition. County Manager Shell acknowledged Engineering Support Supervisor Chris Neal for her work on this recognition. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.5. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2007 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Caster reported that Mary Ann Lama, Executive Director, Domestic Violence Shelter and Services, Inc., has requested the Board proclaim October 2007 as Domestic Violence Awareness Month in New Hanover County. Commissioner Pritchett read the proclamation into the record and moved for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring October 2007 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Domestic Violence Shelter and Services, Inc., Outreach Coordinator/Advocate Christine Leneskie received the proclamation and thanked the Board for the recognition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 202 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.6. ADOPTION OF PROCLAMATION TO DECLARE OCTOBER 7-13, 2007 AS FIRE PREVENTION WEEK IN NEW HANOVER COUNTY Chairman Caster reported that the Board has been requested to adopt a proclamation declaring October 7- 13, 2007 as Fire Prevention Week in New Hanover County. The theme is "It?s Fire Prevention Week ? Practice Your Escape Plan!? Fire Chief Donnie Hall introduced Deputy Fire Chief of Operations Matt Davis and Fire and Life Safety Educator Meg Langston. Ms. Langston urged residents to practice their escape plan and requested support of the many public safety activities that are scheduled for the month of October. Commissioner Pritchett read the proclamation into the record and moved for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring October 7-13, 2007 as Fire Prevention Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of Fire Services, Ms. Langston received the proclamation and thanked the Board for the recognition. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.7. AUTHORIZATION TO PROCEED WITH THE UPSET BID PROCESS FOR 114 MISHOE ROAD Deputy County Attorney Kemp Burpeau reported that Debra and Robert Kellum have offered to purchase 114 Mishoe Road, a surplus parcel owned by New Hanover County since 1982. The 2007 tax value is $18,960 and the Kellums have offered that amount as the purchase price. The Planning Department staff has expressed an interest in retaining the subject parcel to locate a single family residence in conjunction with the future work force housing replacement grant project. The value of the parcel would go toward the County's share of the grant match. Should the Board wish to further consider the Kellums' purchase offer staff will collect a 5% deposit of the purchase price plus $50 and advertisement for upset bids. At the end of the upset bid period, the Board could direct staff to convey the parcel or bring the highest offer to the Board for consideration. Community Development Planner Wanda Coston presented the request to retain the vacant parcel for use in locating a single family residence in conjunction with the future work force housing replacement grant project. Ms. Coston reported that the Castle Hayne Planning Initiative study is currently underway with an anticipated completion within six to twelve months. An inventory list of potential vacant parcels is currently being compiled in the unincorporated area of the County and potential funding sources have been identified such as the Community Development Block Grant. In response to Board questions, Ms. Coston reported that it would be approximately twenty-four months before a grant funded house could be built and sold and that alternative locations are possible. Debra and Robert Kellum presented their request to purchase the adjacent property located at 114 Mishoe Road reporting on the improvements they had made to their property and the improvements that they were proposing to make on the subject property if given the opportunity to purchase. Ms. Kellum reported that the County would benefit from the purchase in the following ways: ? Revenue from the purchase price of $18,960 ? Savings from the clean-up of the lot in the amount of $5,000 - $8,000 ? Tax revenue each year In closing, the Kellum?s requested the Board approve their request to purchase the vacant lot stating that they will continue to be good stewards of the property and bring it up to an appropriate standard. After brief discussion concerning the amount of time the property has been vacant and not generating tax revenue and the possibility of alternative locations for work force housing, Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis, to direct staff to proceed with the upset bid process noting that without any further upset, staff may convey the parcel of property. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 203 PUBLIC HEARING AND APPROVAL TO REZONE APPROXIMATELY 1.65 ACRES OF PROPERTY LOCATED AT 5111 CAROLINA BEACH ROAD FROM CD(O&I) TO GENERAL OFFICE AND INSTITUTIONAL DISTRICT (Z-873, 09/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that originally Jesse Yates and John Thompson requested to rezone approximately 4 acres of property located at 5111 and 5119 Carolina Beach Road from CD(O&I) and R-15 to B-2 Highway Business District and presented a slide overview of the request. The subject property is located in the southern portion of the county in an area classified as Urban on the 2006 CAMA Land Classification map. Directly adjacent to the east is another residential lot which is currently zoned R-15. Thereafter, the zoning pattern transitions to CD(B-2) in association with the Lowe?s/Wal-Mart commercial complex. To the west is Willoughby Park, a residential community which was taken into the City as a satellite annexation several years ago. Planning Director Chris O?Keefe continued reporting that the original rezoning petition proposed a change from Conditional Use Office & Institutional and R-15 Residential to B-2 Highway Business District on approximately four acres of land. The CD(O&I) portion (1.65 acres) was conditionally zoned in August of 2002 for professional offices or a barber/beauty shop, using the existing structure for those purposes. The R-15 portion (2.4 acres) of the proposed change has an occupied residential dwelling near the road but vacant land extends along the property boundary with Willoughby Park development to the northwest and then terminates on the north at a boundary with Lowe?s Home Improvement store. At the Planning Board?s September 6, 2007 meeting, they voted 6-1 to recommend denial of the rezoning request. Several Willoughby Park property owners expressed their objections to approving a general business district adjacent to their residential neighborhood. Since the Planning Board meeting, Mr. Yates met with residents of Willoughby Park to address their concerns and is now requesting to rezone his property located at 5111 Carolina Beach Road from CD(O&I) to general O&I. Mr. Thompson has withdrawn his portion of the rezoning request. Chairman Caster asked if the Petitioner would like to speak on the request. The Petitioner, Jesse Yates, stated that he did not realize that there would be any opposition to the original request but that he was happy to work with the Willoughby Park Homeowners Association. The modified request to remove the conditional use from the Office and Institutional District zoning is reasonable and he requested the Board approve the request. Mr. Thompson has withdrawn his portion of the request. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Warren Rice, Willoughby Park Homeowners Association, reported that they do not have a problem with the current request to remove the conditional use restriction. In response to Board questions, Planning Board member Sue Hayes reported that the Planning Board did not rule on the current request. The Planning Board had concerns about the original request and offered the Petitioner the opportunity to withdraw it, which he refused. She stated that although the Planning Board did not have a chance to vote on the modified request, the current rezoning request is a good compromise. Hearing no further comments, Chairman Caster closed the Public Hearing. After brief discussion from the Board noting the efforts of Mr. Yates and Willoughby Park residents to work out their differences, Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the request by Jesse Yates to rezone approximately 1.65 acres of property located at 5111 Carolina Beach Road from CD(O&I) to general Office and Institutional District finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to remove the conditional use from the O&I District to abut a residential neighborhood 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 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 82. PUBLIC HEARING AND APPROVAL TO MODIFY AN EXISTING COMMERCIAL MARINA PERMIT ON 2.02 ACRES OF PROPERTY LOCATED AT 2107 MIDDLE SOUND LOOP ROAD TO ADD A CLUBHOUSE AND THREE RESIDENTIAL BUILDING LOTS (S-004, 1/77, Modified 09/07) Chairman Caster 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 204 Jane Daughtridge Stuart Smith Bruce Bowman Joe Johnson Eric Rydzewski Senior Planner Jane Daughtridge reported that Stuart Smith is requesting to modify an existing commercial marina permit on 2.02 acres of property located at 2107 Middle Sound Loop Road to add a clubhouse and three residential building lots and presented a slide overview of the request. The Harrelson?s Marina has been in existence at this site since the early 1950?s. In January of 1977, a special use permit was approved for expansion of the marina. In mid-1990, the permit was modified to accommodate changes to the Oakwinds Marina portion of the permit to include twenty-seven additional boat slips and an office building on the south side of the water body. A minor change relating to the signage was administratively approved in 1997. The portion of the original marina which enjoys road frontage on Middle Sound Loop Road changed ownership in 2005, and the new owner wishes to redesign this portion of the marina and also ?unbind? some of the land area in order to establish three disassociated residential lots, leaving one 27,560 square foot lot to accommodate parking and a clubhouse for the commercial marina while retaining thirty wet slips along the full riparian area of the original operation. The residential lots will relinquish their riparian rights. Planning Director Chris O?Keefe presented the following Findings of Facts: 1. The Board must find that the modified use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is accessed via Middle Sound Loop Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service A&B. B. Public water is in the vicinity. C. Public sewer is subject to the Northeast Interceptor moratorium. D. The site is located in a special flood hazard area. E. Storm water controls must comply with state and county regulations. F. A proposed 4-story clubhouse amenity will contain restrooms, offices, storage, meeting area and an apartment appurtenant to the marina operation. The building will be subject to limitations and construction standards for flood hazard areas. G. The modification eliminates boatyard operations and maintains the facility without haul-out repair and maintenance services. 2. The Board must find that the modified use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located in an R-20S Residential Zoning District. The district is intended for low density single family residential use and does not permit mobile homes, duplexes, residential clusters, attached residential or high density residential uses. B. Commercial marinas may be allowed by special use permit in this district under conditions outlined in 72- 31 of the ordinance. A dwelling unit contained in a principal use will be subject to the conditions of 72-29 of the ordinance. C. No outstanding violations of this portion of the existing permit have been noted by code enforcement officials. D. Proposed off-street parking is shown at 46 spaces. The requirement for the 30-slip marina is 30 spaces. The proposed clubhouse/amenities building will require adequate combined parking to be in compliance with all requirements of the ordinance for all proposed uses. E. A CAMA major permit is required from the Division of Coastal Management. Based on the most current proposal, a modification of the current applicant may be required. 3. The Board must find that the modified 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 presented that the proposed use will injure the value of adjoining or abutting property values. B. All riparian rights will be subdivided into and retained by the marina property. 4. The Board must find that the location and character of the modified 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 New Hanover County Comprehensive Plan classifies this location as Watershed Resource Protection and Conservation. The Resource Protection Class is intended to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Watershed Resource Protection sub-class focuses on minimizing new impervious surfaces and to promote low impact, best management practices for development and redevelopment. The Conservation Class is intended to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. B. Surrounding properties are the remainder of the original commercial marina and single family residences. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 205 At the Planning Board?s September 6, 2007 meeting, they voted 7-0 to recommend approval of this modification with the following conditions: 1. Recommend the proposal as described in the presentation and on the submitted site plan; the clubhouse may include four stories, with the fourth or attic story, to be used as a residence apartment appurtenant to the marina operation. 2. Dry storage of boats will not be permitted in association with this marina. Staff recommends approval along with the Planning Board?s conditions. Chairman Caster asked if the Petitioner would like to speak on the request. Stuart Smith, the petitioner, presented a history of the property noting the problems with the past uses. The proposed request is as follows: ? Three - 20,000 square feet single family residential ? One - 27,000 square foot marina association lot with an amenities building, 20 boat slips and defined parking area for slips and building ? Landscaping with 75% natural ground cover The benefits of the proposed use include: ? The entire project will comply with current zoning and an allowable special use ? All structures will meet State and County setbacks ? Storm water and erosion control measures will treat run off ? The bulkhead will protect the basin ? Noisy and environmentally destructive boatyard operations will be eliminated In closing, Mr. Smith stated that the proposed project will be in harmony with the surrounding area and that he agrees with the Findings of Facts as presented. Bruce Bowman, BMS Architects, presented an overview of the proposed amenities building stating that care was taken in the design to make it environmentally friendly. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request by Stuart Smith to modify an existing special use permit located at 2107 Middle Sound Loop road to add a clubhouse and three residential building lotsbased on the evidence presented and the findings of fact 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 clubhouse may include four stories with the fourth or attic story used as a residence apartment; and 2) dry storage of boats will not be permitted. 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 17.1. PUBLIC HEARING AND APPROVAL FOR A SPECIAL USE PERMIT TO PLACE A COMMUNITY BOATING FACILITY IN AN R-15 RESIDENTIAL ZONING DISTRICT ON WHISKEY CREEK FOR MASONBOROUGH PLANTATION SUBDIVISION OFF DONNELLEY LANE (S-579, 09/07) Chairman Caster 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 Kelly Stuart Clarence Harris Senior Planner Jane Daughtridge reported that Generation Builders has requested a Special Use Permit to place a seven slip community boating facility in an R-15 Residential Zoning District on Whiskey Creek for Masonborough Plantation subdivision located off Donnelly Lane in the Conservation Land Classification and presented a slide overview of the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 206 Planning Director O?Keefe read the following revised findings of facts into the record. 1. The Board must find that the modified use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is accessed via Donnelly Lane to Masonboro Sound Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service B. B. The landward portion of the project is within the City of Wilmington municipal boundary (annexation was effective as of September 30, 2000). C. City Water and Sewer serve the area. D. Fire service will be provided by the City of Wilmington E. Storm water will be regulated by the City of Wilmington. F. The facility is designed to accommodate 24 foot and smaller boats stored in slips with lifts. 2. The Board must find that the modified use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located within the City?s planning jurisdiction on the landward portion but Whiskey Creek remains in the County?s jurisdiction, so county rules apply to the boating facility. B. The facility will serve a twenty-two lot subdivision within the City of Wilmington. C. Community Boating Facilities are allowed by Special Use Permit in the R-15 Residential Zoning District. D. Off-street parking will be accommodated at home sites in the subdivision. E. A ten-foot pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. Applicant states that riparian rights of waterfront lot owners will be deeded to the subdivision?s dock association. G. No commercial activities are proposed or allowed for the facility. H. A CAMA permit will be required from the Division of Coastal Management 3. The Board must find that the modified 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 presented at this time that the proposed use will injure the value of adjoining or abutting property values. B. Other private docks and community boating facilities are located along Whiskey Creek. C. Whiskey Creek experiences a significant fluctuation in water body width and a severely limited channel width at low tide. Careful design is necessary to avoid navigational conflicts for other users of the creek. 4. The Board must find that the location and character of the modified 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 New Hanover County Comprehensive Plan classifies this location Conservation B. Surrounding properties to the east and west have docks. C. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. D. The waters of Whiskey Creek are classified as SA (Shell fishing); HQW (High Quality Waters) 303(d) impaired water quality. E. Surrounding land uses include single-family housing, some with docks and piers. Planning Director Chris O?Keefe reported that Staff recommends approval of the project be made subject to the City of Wilmington standards for community boating facilities since the subdivision it will serve is located within the City of Wilmington jurisdiction. At Planning Board?s September 6, 2007, meeting they voted 7-0 to recommend approval of this request in accordance with staff recommendations. No one from the public spoke at the hearing. Chairman Caster asked if the Petitioner would like to speak on the request. Kelly Stuart, Generation Builders, presented an overview of the project stating that currently they have a CAMA permit for four boat lifts and the community dock facility and they are requesting a special use permit for three additional boat slips. The dock facility dimensions will not change. If the Special Use Permit is approved, a CAMA permit will be submitted for three additional slips. In response to Board questions, Ms. Stuart reported that great efforts have been made to preserve significant trees on the property and is included in the covenants. She also stated that she agrees with the Findings of Facts as presented. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the Special Use Permit request by Generation Builders to place a community boating facility with seven boat slips in an R-15 Residential Zoning District on Whiskey Creek for Masonborough Plantation Subdivision off Donnelley Lane based on the evidence presented and the findings of fact 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 207 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 condition that the project be subject to the City of Wilmington standards for community boating facilities. 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 17.2. Break Chairman Caster called for a break from 7:30 p.m. until 7:45 p.m. PUBLIC HEARING AND CONTINUATION OF REQUEST TO AMEND SECTIONS 23-62, 23-62.1 AND 72-37 RELATING TO CONDITIONS FOR COMMUNITY BOATING FACILITIES AND PRIVATE RESIDENTIAL BOATING FACILITIES AS NEIGHBORHOOD AMENITIES TO RESIDENTIAL SUBDIVISIONS (A-358, 04/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that staff is requesting to amend Sections 23-62, 23-62.1 and 72- 37 relating to conditions for community boating facilities and private residential boating facilities as neighborhood amenities to residential subdivisions. Staff proposes a text amendment to try and clarify the intended circumstances under which boating facilities other than marinas are appropriate as amenities to a subdivision. The following amendments are proposed: ? 23-62: Community Boating Facility ? A private, non-profit boating facility including a dock, pier and/or only one launching ramp on property having water frontage; the use of which is intended to serve subdivision or unified development havingand platted or 5 or more residential lots or residential units, developed under one name with a common identity. The subdivision served must include riparian common area within its platted and recorded boundaries. ? Rationale: This clarifies the meaning of the current terminology related to ?associated? lots. ? 23-62.1: Private Residential Boating Facility ? A private non-profit boating facility, including a dock, pier common area and/or launching ramp on property having water frontage; the use of which is intended to more than one butBoat slips are allowed only for serve less than five residential lots or residential units. the use and enjoyment of property owners within the subdivision. Slips may not be sold or transferred to non-owners . The right to use such a facility must be conferred by an easement appurtenant and deed restrictions or restrictive covenants shall be to the residential lots it is intended to serve conveyed in the chain of title for any riparian lots, stating that no individual docks/piers will be allowedThe . No commercial activities of any kind shall be allowed within the confines of the facility. number of boat slips may not exceed the number of residential lots or residential units served. ? Rationale: This keeps smaller subdivision situations as permitted uses, but requires basic standards that mirror larger facilities, including the 1:1 ratio of slips to lots served and the collective riparian right. ? 72-37: Community Boating Facility ? These facilities may be permitted in the PD, R-20S, R-20, R-15, R- 10, RA, and B-1 Districts provided: 1. It can be demonstrated that the project will have minimal impacts on water quality, primary public use of public waters nursery areas, shell fishing grounds, , and conservation resources. Based on the size and configuration of the subdivision served, additional 2. off-street parking mayrequired no more than be at a ratio of one space per boat slip. 3. The number of boat slips may not exceed the number of residential lots or dwelling units within individual subdivision served the . 4. The right to the use of the facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. 5. Commercial activities, including but not limited to sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. (10/19/92). No commercial activities of any kind shall be allowed within the confines of the facility. 6. Boat slips are allowed only for the use and enjoyment of property owners within the subdivision. Slips may not be sold or transferred to non-owners. 7. No overhead lighting shall be installed. Deed restrictions or restrictive covenants shall be conveyed in the chain of title on the 8. riparian subdivision lots stating that no individual docks/piers will be allowed . ? Rationale: Adding Items 6-8 incorporate into rule the routine additions that have been made as conditions on these facilities. This proposed text amendment includes modifications to the original proposal and incorporates input from discussions at the August 23, 2007 Planning Board Workshop. The change will not apply to subdivisions under active review which include private residential boating facilities. At its September 6, 2007 meeting the Planning Board voted 7-0 to recommend approval of this text amendment. No one from the public spoke at the hearing. Chairman Caster asked if anyone would like to speak in favor of or opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 208 J.B. Piner spoke in opposition to the Private Residential Boating Facility text amendment stating that approving the text amendment takes away rights that CAMA currently allows. He requested the Board not approve that portion of the proposed text amendment. G.E. Staton stated that he supports Mr. Piner?s position because the change will limit a right that is currently in place. Hearing no further comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Vice-Chairman Greer stated that he is not in favor of limiting public access to the water and that people who are not fortunate enough to live on the water have a right to access the water. Senior Planner Daughtridge reported that docks can be leased but not sold. Planning Director Chris O?Keefe reported that Board can approve just a portion of the proposed text amendments if they so choose. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to continue the zoning text amendment for Sections 23-62; 23-62.1; and 72-37 and directed staff to schedule a work session on the item and to work with Mr. Piner and a CAMA representative. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL TO AMEND SECTION 51-1 OF THE SUBDIVISION ORDINANCE INCREASING THE MAXIMUM DOLLAR AMOUNTS FOR GUARANTEES OF IMPROVEMENTS FROM $100,000 TO $8 MILLION (A-360, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Principal Development PlannerSam Burgess reported that Section 51-1 of the County?s Subdivision Ordinance places a monetary cap of $100,000 and 25% improvements complete on any final phase of a preliminarily approved residential or commercial subdivision where a developer/subdivider/builder wants to post a Standby Letter of Credit, Performance Bond, or cash in lieu of constructing improvements. Until recently, the process of requiring a $100,000 monetary cap with 25% completed improvements worked well with the development community. However, with recent rezoning approvals of two large Planned Unit Developments, Planning staff anticipated that projects of that size would require greater surety estimates than $100,000. This increase would not only take into account the size of the project, but associated costs of construction, off-site road improvements, and extending existing utilities. If approved, the following will be added to the definition section of the Subdivision Regulations: ? Performance Bond: A performance bond from a surety financial guarantee company authorized to do business in North Carolina, made issued or made payable to New Hanover County. The performance bond shall be in a form reasonably acceptable to the County. ? Letter of Credit and Cash Security: A letter of credit or other instrument readily convertible into cash at face value, deposited either with the County or in escrow with an escrow agent acceptable to the County. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Director of Engineer Services an agreement between the escrow agent and the subdivider guaranteeing the following: (1) that said escrow account shall be held in trust until released by the County as provided herein and may not be used or pledged by the subdivider in any other matter during the term of escrow; and (2) that in the case of failure on the part of the subdivider to complete the required improvements, the escrow agent shall, upon notification by the County and submission by the County to the escrow agent of an engineer?s estimate of the amount needed to complete the required improvements, immediately either pay to the County the funds estimated to complete the required improvements, up to the full balance of the escrow account, or deliver to the County any other instruments fully endorsed or otherwise made payable in full to the County. Staff is requesting the Board amend Section 51-1 of the subdivision ordinance. The Planning Board voted 6-1 to recommend approval. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Michael Lee, Newland Communities, spoke in support of the text amendment. Hearing no further comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to approve amending Section 51-1 of the Subdivision Ordinance increasing the maximum dollar amounts for guarantees of improvements from $100,000 to $8 million. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 31.8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 209 PUBLIC HEARING AND APPROVAL TO AMEND ARTICLE V ? TABLE OF PERMITTED USES TO CREATE A SEPARATE PROVISION FOR AMATEUR ANTENNA UP TO 90 FEET AS A PERMITTED USE IN ALL DISTRICTS (A-364, 09/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that the General Assembly recently adopted a provision for reasonable accommodation of amateur radio antennas. The Bill becomes law as of October 1, 2007. The Law states that counties cannot restrict amateur radio antennas or support structures up to heights of 90 feet ?unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the county.? Currently, the New Hanover County ordinance allows these structures as permitted in all districts up to 70 feet. The Planning Board, at its September 6, 2007 meeting, voted 7-0 to recommend amending Article V ? Table of Permitted Uses to add the 90 foot restriction. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve amending Article V ? Table of Permitted Uses to create a separate provision in the Table of Permitted Uses for amateur radio antenna up to 90 feet as a permitted use in all districts finding that the request is: 1) consistent with the purposes and intent of the land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to be consistent with newly adopted State legislation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 31.9. PUBLIC HEARING AND APPROVAL TO RENAME A 950 FOOT SECTION OF TURNER NURSERY ROAD TO DEEP CREEK RUN Chairman Caster opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reportedthat Robert Walker Harris, on behalf of the residents who live along Turner Nursery Road, has petitioned the County to rename the road to Deep Creek Run. The road is located near the 7300 block of Mason Landing Road, Middle Sound Community. The improved road is approximately 950 feet in length from its intersection with Mason Landing Road and then runs parallel to the Intracoastal Waterway for a distance of 330 feet. A majority of the residents who live along the road are in favor of changing the road name. The proposed road name has been approved by the County?s E-911 office. According to the Petitioner, the reason for requesting a change in the road name from Turner Nursery to Deep Creek Run is due to the adjoining landowners desiring a new street name. Also, with the construction of Mason Landing Yacht Club, the Petitioner believes that the opportunity exists to modify the present road name to one more fitting with the Middle Sound area. As stated, E-911 has confirmed that the proposed name is an unduplicated road name. If the name is adopted by the Board, the County will need to adjust approximately seven residential landowner mailing addresses along the road based on established County guidelines. Due to right-a-way/easement concerns of a property owner, Staff recommends that only the straight portion, approximately 950 feet, of Turner Nursery Road be renamed Deep Creek Run and that mailing addresses be adjusted to reflect the name. The residents living along the road will be responsible for contracting with the County to erect a new street sign. An effective date of change for the residents would be February 4, 2008. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Ken Shanklin, Attorney representing Mason Landing Yacht Club, LLC, stated that they are not in opposition to the request for the renaming. Joe Johnson, Jr., stated that he is not opposed to the modified renaming request as presented. Hearing no further comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt an ordinance renaming approximately 950 feet of Turner Nursery Road to Deep Creek Run. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance renaming a portion, approximately 950 feet, of Turner Nursery Road, to Deep Creek Run is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.10. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 210 PUBLIC HEARING AND ADOPTION OF RESOLUTION GRANTING AN ECONOMIC DEVELOPMENT INCENTIVE GRANT TO GE-HITACHI NUCLEAR Wilmington Industrial Development Chief Executive Officer Scott Satterfield reported that GE - Hitachi Nuclear is currently evaluating a number of locations to expand its nuclear business for a uranium enrichment facility. The estimated expansion would include a real and personal property investment of a minimum of $900 million and employment of nine hundred additional employees with an estimated annual economic impact in the amount of $1 billion. The proposal is for New Hanover County to contribute an economic development grant not to exceed $10 million, payable over a period of twelve years. A detailed contract outlining payment and performance triggers will be prepared and submitted for Board consideration at a later date. In response to Board questions, Mr. Satterfield clarified that: ? Specific details of the contract still need to be negotiated with GE-Hitachi. ? As with previous incentive packages, performance triggers will be built into the contract. ? Performance triggers are tied to incentive payments. ? If performance triggers are not met the incentive ceases. ? Payments do not begin until revenue is generated. Chairman Caster opened the Public Hearing and asked if anyone wished to speak in favor of or in opposition to the request. Ron McGee, Pastor of The Rock Church, spoke in favor of the request stating that he feels the incentive grant will have a positive impact on the community and provide well-paying, secure jobs without impact on the sewer system. He encouraged the Board to proceed with the incentive grant. Paul Czesak spoke in opposition to the request stating that tax revenues are to provide essential services for the residents and that he does not support giving away public money to private companies and the long-term tax burden that is proposed. He requested the Board place the incentive grant before the voters. Hearing no further comments, Chairman Caster closed the Public Hearing. After Board discussion highlighting the tremendous economic benefit to the County and that the incentive will be tied to performance triggers, Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the economic development incentive grant to GE-Hitachi Nuclear based on the investment of $900 million and employment of 900 additional employees. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution approving an economic development grant to GE-Hitachi Nuclear not to exceed $10 million payable over a period of twelve years. 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 31.11. PUBLIC HEARING AND ADOPTION OF RESOLUTION GRANTING AN ECONOMIC DEVELOPMENT INCENTIVE GRANT TO INVISTA Wilmington Industrial Development Chief Executive Officer Scott Satterfield reported that INVISTA is considering expansion of its fiber and polymer business located in New Hanover County. The proposed incentive will not exceed $3 million, payable over a period of six years with a detailed contract outlining payment and benchmarks tied to the incentive to be prepared and submitted for the consideration of the Board at a later date. The anticipated date for operation is 2010. Commissioner Pritchett stated that INVISTA is not a new company but has been known under previous names such as COSTA, DuPont Textiles and Interiors, and Hercules. Chairman Caster opened the Public Hearing and asked if anyone wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing. After Board discussion highlighting that the incentive will be tied to benchmarks and can be based on the issuance of the Certificate of Occupancy and that this is not a give away but an investment in the community with tremendous potential, Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving the economic development incentive grant to INVISTA not to exceed $3 million payable over a period of six years. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 211 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 31.12. INTRODUCTION OF WAYNE DROP, MASCOT OF THE CONSERVATION WATER, USE IT WISELY PROGRAM Public Information Officer Mark Boyer reported that New Hanover County has joined with the City of Wilmington in the Water, Use it Wisely campaign. This national public education campaign focuses on water conservation measures and how water use is directly tied to sewer flows. Public Information Officer Boyer introduced Jacqueline Major, Water Conservation Program Coordinator for the City of Wilmington. Ms. Major presented an overview of the conservation program and introduced the campaign?s mascot, Wayne Drop. APPROVAL TO REFER THE TEN YEAR PLAN TO END CHRONIC HOMELESSNESS TO THE CAPE FEAR COUNCIL OF GOVERNMENTS FOR THEIR CONSIDERATION REGARDING SERVING AS THE AGENCY TO OVERSEE IMPLEMENTATION County Manager Shell reported that the Steering Committee overseeing the development of the Ten Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region is requesting the Board adopt the resolution endorsing the Plan. The resolution also includes appointing one member of the New Hanover County Board of Commissioners to the Executive Board that will lead the implementation process, financial support in the amount of $100,000 over a two and one-half year period to assist with the Administrative Budget for implementation, and appointment of a staff person to work with the Community Advisory Committee. The Wilmington City Council adopted a resolution endorsing the Plan and directing the City Manager to include the funding component in the recommended FY 2008-2009 budget. The Board could consider doing likewise. Chairman Caster voiced concern about future funding requests. He stated that he would like the track records of existing plans across the country be examined. Commissioner Davis voiced concern that there are many unknowns about housing and housing costs and how future costs, such as vocational education, will be funded beyond the initial administrative expenses. He stated that at this point, he is not comfortable with going forward. Commissioner Kopp stated that although not insensitive to the issue, he is not comfortable with approving funding for a non-profit organization outside of the regular budget cycle. He voiced concerns that the recommended Plan creates another level of bureaucracy and might possibly being reinventing the wheel. He suggested using an existing organization such as the Cape Fear Council of Governments which serves Brunswick, Columbus, New Hanover and Pender Counties. Commissioner Pritchett voiced her concern that the Plan needs to address the cause of homelessness not just the symptoms and providing housing is only one component of the solution. Dr. Spiro Macris, Steering Committee Co-Chair, Ten Year Plan to End Homelessness, reported that a representative of the Cape Fear Council of Governments was part of the steering committee and asked to be relieved of that duty. The consensus of the Steering Committee is that the Cape Fear United Way is a good fit to serve as the supervisory agency. Vice-Chairman Greer voiced his concern that the Plan only addresses the housing issue but also needs to address the implementation of vocational training and the treatment of mental health issues. City of Wilmington Community Services Department, Dewey Harris, reported that the City Council has not yet made their appointment of a staff person to work with the Community Advisory Committee. Brunswick and Pender Counties are currently considering a work session on the Plan. On behalf of the Board, Chairman Caster thanked the Steering Committee members for their hard work on developing the Plan and requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to refer the Ten Year Plan to End Chronic Homelessness to the Cape Fear Council of Governments for their consideration regarding serving as the agency to oversee implementation and to report back to the Board with any funding request during the regular budget process. Substitute Motion: Chairman Caster MOVED to adopt the resolution endorsing the Ten Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region excluding the funding component. The MOTION FAILED FOR THE LACK OF A SECOND. Chairman Caster called for a vote on the original motion. Vote: The MOTION CARRIED 3 TO 2 to refer the Ten Year Plan to End Chronic Homelessness to the Cape Fear Council of Governments for their consideration regarding serving as the agency to oversee implementation and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 212 to report back to the Board with any funding request during the regular budget process. Chairman Caster and Vice- Chairman Greer voted in opposition. AUTHORIZATION TO DEVELOP AND PROCEED WITH THE MASON INLET MAINTENANCE PROJECT Chris Gibson, Gahagan & Bryant, reported that the request to develop the project to dredge Mason?s Creek, maintenance of the Atlantic Intracoastal Waterway, land based excavation on the southern end of Figure Eight Island and back placing of the excavated sand on Figure Eight Island was tabled at the Board?s September 17, 2007 meeting to allow the Mason Inlet Preservation Group time to meet with county staff and consultants. A meeting was conducted on Wednesday, September 19, 2007 with Frank Pinkston and representatives of the Mason Inlet Preservation Group in attendance. Mr. Pinkston submitted a memo dated September 20, 2007 stating that based on information provided at the meeting, they approved proceeding with construction plans and specifications and obtaining bids for the proposed maintenance dredging event. Staff is requesting the Board authorize the development of the project which includes advertising and receiving bids for the required work. Once the successful low bidder has been identified, staff will present a contract to the Board for consideration. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to authorize staff to advertise and receive bids for the Mason Inlet maintenance project. Upon vote, the MOTION CARRIED UNANIMOUSLY. WITHDRAWAL OF SECOND READING OF REVISION TO THE NEW HANOVER COUNTY CODE, SECTION FIVE: ANIMALS AND FOWL Chairman Caster reported that this item has been withdrawn from the agenda. Break Chairman Caster called for a break from 10:30 p.m. until 10:45 p.m. ADOPTION OF RESOLUTION AUTHORIZING THE SALE OF NEW HANOVER COUNTY?S $50,000,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 2007 Chairman Caster reported that before the Board is a Resolution for the Authorization and Sale of $50,000,000 New Hanover County General Obligation Bonds, Series 2007. On March 14, 2005 the Board of Commissioners adopted a school bond order and it is now desirable to make provision for the issuance of bonds authorized by said order. Chairman Caster referenced the resolution that states that the County shall issue its bonds in the aggregate principal amount of $50,000,000. The Bonds shall be designated ?General Obligation School Bonds, Series 2007?, and shall be dated October 30, 2007. The full faith and credit of New Hanover County is hereby pledged to the st punctual payment of the principal and interest on this bond in accordance with its terms, effective the 1 day of October, 2007. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to adopt the resolution authorizing the sale of $50,000,000 New Hanover County Obligation Bonds, Series 2007, for the construction of two new schools and continued renovations on fifteen existing schools. 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, Page31.13. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 10:45 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:00 p.m. NON-AGENDA ITEMS Chairman Caster 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 ITEM County Manager Bruce Shell reported that he, along with Finance Director Avril Pinder and Water and Sewer Project Coordinator Greg Thompson, attended a work session on Friday, September 28, 2007 with the Pender County Commissioners to discuss a wastewater partnership with Pender County as well as becoming a Pender County water customer. County Manager Shell stated that he believes the Pender County Commissioners are receptive to this opportunity. He will continue to pursue this opportunity with Pender County Manager Brill and provide updates to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 1, 2007 PAGE 213 ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:05 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board