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2008-02-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 301 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 4, 2008, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Greer called the meeting to order, welcomed everyone present and announced that Regular Agenda Item 7 ? Consideration of Text Amendment to New Hanover County Stormwater Ordinance has been pulled from the agenda. INVOCATION AND PLEDGE OF ALLEGIANCE New Hanover County Sheriff?s Office Chaplain Atwell Brookshire gave the invocation. Commissioner Davis 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 no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster 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 of the following meetings as presented by the Clerk to the Board: Board of Equalization and Review meeting held on January 16, 2008 Agenda Review meeting held on January 17, 2008 Regular Session meeting held on January 22, 2008 Ratification of Grant Application to Cape Fear Memorial Foundation for Prescription Drug Assistance Program Funds - Department of Aging The Commissioners ratified the grant application submitted by the Department of Aging to the Cape Fear Memorial Foundation in the amount of $7,800. If awarded, the funds will be used to support the existing Prescription Drug Assistance Program through December 2008. The Prescription Drug Assistance Program helps seniors with Medicare Part D enrollment and questions. Grant monies will be used to cover salary of one part-time temporary staff person. No county match is required. Approval of Second Reading of Non-Exclusive Franchise to Waste Hauling Services, LLC ? Legal Department The Commissioners, according to Section 44-55 of the County Code, approved the second reading to award a non-exclusive franchise to Waste Hauling Services, LLC for the collection of solid waste for compensation. Staff has reviewed the required documents and finds the organization and financial integrity adequate for franchise award. Approval of Contract Renewal with Marlowe & Company ? County Manager?s Office The Commissioners approved the contract renewal with Marlowe & Company in the amount of $4,000 per month with the contract to end June 30, 2009. The services provided by Marlowe & Company primarily concern the obtaining of Federal funding for beach nourishment and inlet/waterway maintenance. The beach nourishment portion of Room Occupancy Tax funds are used for this expense. A copy of the contract is on file in the Legal Department. Authorization for Staff to Begin Contract Renewal Negotiations with YoungWilliams ? Department of Social Services The Commissioners authorized staff to begin contract renewal negotiations with YoungWilliams. The projected amount of the contract is in the amount of $493,730 (based on a percent of collections) with the contract to end June 30, 2009. YoungWilliams began managing the New Hanover County child support program in January 2005 and was awarded a full contract with the County in July 2006. Total collections have gone from $11,089,255 in 2005 to $12,445,290 in 2007, resulting in a 12% increase. Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted Budget Ordinance Amendment 2008-81 ? Mason Inlet Capital Project. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 4.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 302 REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING FEBRUARY AS ?HUMAN RELATIONS MONTH? IN NEW HANOVER COUNTY Chairman Greer reported that the Human Relations Commission has requested that the Board proclaim Human Relations Month? February as ? in New Hanover County. Commissioner Kopp read the proclamation into the record and moved for adoption. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring ?Human Relations Month? February as in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. Human Relations Commission Director Carl A. Byrd, Sr. and Commission Chairwoman Lethia Hankins received the proclamation on behalf of the Human Relations Commission. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 4.2. ADOPTION OF RESOLUTION SUPPORTING A GRANT APPLICATION TO THE NORTH CAROLINA WATERFRONT ACCESS AND MARINE INDUSTRY FUNDS FOR THE SEABREEZE ACCESS PROJECT Planning Director Chris O?Keefe and Parks Director Neal Lewis reported that in 2007 the North Carolina General Assembly created the North Carolina Waterfront Access and Marine Industry fund to acquire waterfront properties or develop facilities for the purposes of providing, improving and/or developing public and commercial waterfront access. Funds have been made available to public entities that provide public access for water-dependent recreational activities in North Carolina?s coastal public trust areas. The New Hanover County Parks Department, Planning Department, and County Management have identified parcels in the Seabreeze community of southern New Hanover County as a potential site for public access, boat ramp and commercial fishing opportunities. Staff has begun assembling a grant application to purchase up to eleven contiguous properties and fund construction of improvements with a total estimated cost of $4,000,000. If awarded the grant could fund 100% of the cost of the acquisition and development of the site. Once purchased the County would transfer ownership of the land to the Wildlife Resources Commission. The County would operate and maintain the facility. The deadline for submission of the application is February 15th. A resolution of support has been drafted for the Board?s consideration. Vice-Chairman Caster read the resolution into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution supporting a grant application to the North Carolina Waterfront Access and Marine Industry fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 4.3. ADOPTION OF RESOLUTION ENCOURAGING THE DEVELOPMENT AND IMPLEMENTATION OF A COLLECTOR STREET PLAN FOR AREAS IN SOUTHERN NEW HANOVER COUNTY Planning Director Chris O?Keefe and City of Wilmington Senior Transportation Planner Mike Kozlosky reported that recently the North Carolina Department of Transportation?s installed a traffic island on Piner Road in the southern portion of the County. Since that time, interest in traffic in this area has increased. The North Carolina Department of Transportation has requested that the Wilmington Metropolitan Area Transportation Advisory Committee and New Hanover County Planning Department to complete a collector street plan for that area. A map indicating potential collector street locations has been drafted and staff would like to present this information to citizens and business owners at public meetings held in the study area. A resolution has been drafted for the Board?s consideration encouraging the Wilmington Metropolitan Planning Organization and the New Hanover County Planning Department to develop and implement a collector street plan for areas between the southern city limit and the Veteran?s Park property in southern New Hanover County. Commissioner Pritchett read the resolution into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution encouraging the Wilmington Metropolitan Planning Organization and the New Hanover County Planning Department to develop a collector street plan for areas between the southern city limit and the Veteran?s Park property in southern New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 4.4. ADOPTION OF CAPITAL PROJECT ORDINANCE AND BUDGET ORDINANCE AMENDMENT 2008-82 TO ESTABLISH THE SOUTHEASTERN CENTER FOR MENTAL HEALTH ADMINISTRATION BUILDING AND NEW HANOVER COUNTY HEALTH DEPARTMENT FACILITY Assistant County Manager Chris Coudriet and Finance Director Avril Pinder reported that the Board is being requested to adopt the Capital Project Ordinance to establish the project for the Southeastern Center for Mental Health Administration Building and the New Hanover County Health Department Facility. The anticipated project cost is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 303 $22,946,195 and will be funded by a contribution from Southeastern Mental Health in the amount of $5,000,000, donation of land, and Installment Loan Proceeds of $17,946,195. Interest earnings on the cash donations will be utilized as well. Proposal: ? Enlarge proposed 40,000 square foot building for Southeastern Center to also house the Health Department. ? Instead of two building projects ? construct one facility ? Create a whole health campus ? Approximately 90,000 square feet ? Estimated construction cost of $22.9 million ? Construct on 12.72 acre tract from Southeastern Center Proposed Financing: ? Southeastern Center fund balance ? $5 million invested at 3.5% ? Estimated interest of $1,457,165 through 2015 ? Use interest earnings to offset debt ? Amount financed by New Hanover County ? $17.95 million at 4.6% for twenty-five years ? Use lease revenue to offset debt A draft capital project ordinance establishing the Southeastern Mental Health Administration Building and New Hanover County Health Department facility and budget ordinance amendment 2008-82 has been drafted for the Board?s consideration. In response to Board questions, Health Director Dave Rice reported that equipment specific to public health will be purchased in future operating budgets. This equipment is for pharmacy, clinical, and laboratory needs. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the capital project ordinance establishing the Southeastern Mental Health Administration Building and New Hanover County Health Department facility, adopt budget ordinance amendment 2008-82, and amend the existing contract for the Southeastern Mental Health facility design to include New Hanover County Public Health Department facility. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the capital project ordinance and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 4.5. ADOPTION OF RESOLUTION DETERMINING THE ASSESSMENT COST FOR THE MASON INLET RELOCATION AND MAINTENANCE AND SETTING THE DATE FOR THE PUBLIC HEARING Finance Director Avril Pinder reported that based on the Board?s direction at their September 4, 2007 meeting, staff has completed review of all charges associated with the Mason Inlet Relocation/Maintenance project that need to be assessed to property owners on Figure Eight Island and portions of northern Wrightsville Beach. Staff has met with representatives from Mason Inlet Preservation Group and provided documentation of all expenditures. Documentation was also provided to representatives from the Figure Eight Homeowner's Association and their legal counsel. All parties involved have reached an agreement on the current amounts due for remaining relocation cost and completed maintenance cost through September 24, 2007. The amounts to be assessed at this time are as follows: Mason Inlet Preservation Group - Wrightsville Beach $2,479,858 Figure Eight Homeowners $ 337,666 Total Assessment $2,817,524 The Board is being requested to adopt the resolution setting the assessment cost for the Mason Inlet relocation and maintenance as required by General Statute 153A-193 and setting the date for the public hearing on March 10, 2008. Staff will mail preliminary assessment to all affected property owners as well as a notice of public hearing. Frank Pinkston, Representative from the Mason Inlet Preservation Group Wrightsville Beach side, stated that they are in agreement on the amounts to be assessed. Chairman Greer read the resolution into the record. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution setting the assessment cost for the Mason Inlet relocation and maintenance as required by General Statute 153A-193 and setting the date for the public hearing on March 10, 2008 at 1:00 p.m. Staff will mail the preliminary assessment to all affected property owners as well as a notice of the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 4.6. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 304 PUBLIC HEARING AND APPROVAL OF REQUEST BY DAVID SNEEDEN, ON BEHALF OF ACI-PINE RIDGE LLC, TO REZONE APPROXIMATELY 1.39 ACRES OF PROPERTY LOCATED IN THE 8200 BLOCK OF MARKET STREET BEHIND PORTERS NECK CENTER FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS DISTRICT (Z-877, 1/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that David Sneeden, on behalf of ACI-Pine Ridge LLC, is requesting to rezone approximately 1.39 acres of property located in the 8200 block of Market Street behind Porters Neck Center from R-15 Residential to B-1 Neighborhood Business District and presented a slide overview of the property. The subject property is located in the northeast portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Market Street through the Porters Neck Center. Level of service has been rated D along this segment of Market Street, meaning there is a high density but stable flow of traffic. Traffic counts in this area decreased about 4% between 2004 and 2005. The Highway 17 Bypass/I-140 is located to the north of this property. Planning Director Chris O?Keefe continued reporting that this rezoning petition proposes a change from R-15 Residential use to B-1 neighborhood business classification. The subject property is currently an island of residential zoning in the middle of commercial B-1 or B-2 districts. It is in the midst of an existing commercial node located at a major intersection where an Interstate Road, a US Highway and an Urban Collector come together. Rezoning to bring the area into a consistent zoning classification seems reasonable and appropriate and for this reason, staff recommends approval. At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning. No one from the public spoke on this item. Chairman Greer asked if the Petitioner would like to speak on the request. David Sneeden, ACI Pine Ridge, LLC presented an overview of the request stating that the Petitioner is intending to incorporate this piece of property into the larger piece of property for internal connectivity and requested the Board?s approval. Chairman Greer asked if anyone would like to speak in opposition to or in favor of the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by David Sneeden, on behalf of ACI-Pine Ridge LLC, to rezone approximately 1.39 acres of property located in the 8200 block of Market Street 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 allow transition of acreage currently surrounded by commercial zoning from residential to commercial use. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 66. PUBLIC HEARING AND APPROVAL OF REQUEST BY HOWARD CAPPS, ON BEHALF OF JAMES AND MELISSA VASS, TO REZONE APPROXIMATELY 2.96 ACRES OF PROPERTY LOCATED SOUTH AND ADJACENT TO 2010 CAPITAL DRIVE FROM AR AIRPORT RESIDENTIAL AND R-15 RESIDENTIAL TO CD(I-1) LIGHT INDUSTRIAL TO ALLOW FOR BOAT AND RV/CAMPER STORAGE (Z-878, 1/08) Chairman Greer opened the Public Hearing and announced that the Conditional Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Jane Daughtridge Howard Capps Jimmy Vass Senior Planner Jane Daughtridge reported that Howard Capps, on behalf of James and Melissa Vass, are requesting to rezone approximately 2.96 acres of property located south and adjacent to 2010 Capital Drive from AR Airport Residential and R-15 Residential to CD(I-1) Light Industrial to allow for boat and RV/camper storage and presented a slide overview of the request. The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Capital Drive, a local street serving Murrayville Station Business Park, via Farley Drive or North College Road near its intersection with Gordon Road. Neither traffic counts nor levels of service are available for Capital or Farley Drive, however, traffic along N. College in this vicinity is shown at LOS F, meaning traffic exceeds design capacity. Traffic counts along North College Road increase by approximately 41% between 2003 and 2006. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 305 The subject property has been casually used for outside storage associated with the existing boat storage operation. The parcel is generally landlocked. A Progress Energy power line and easement extends across the eastern portion of the property. A small sliver along the eastern boundary is zoned R-15. This appears to be a residual zoning from an earlier pattern that was likely established using the utility easement as a zoning boundary. Parcels to the west are vacant, wooded land. Residential use is in place to the south and east of this parcel. The property is just outside the airport horizontal zone. Planning Director Chris O?Keefe continued reporting that this rezoning petition proposes a change from low density Airport Residential and R-15 Residential use to a conditional district for light industrial use as an outdoor storage area for boats, RVs and campers as an expansion of an existing conditional I-1 district. The subject property is currently being used for the purposes sought in the petition. Rezoning to bring the area into full zoning compliance, to create a cohesive business operation and to apply appropriate site design standards seems reasonable and appropriate. For this reason, staff recommends approval without further 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. A. Public utilities are available in the area. B. Access to the proposed expansion will be restricted by an existing security gate from Capital Drive. No access will be from Gordon Road. C. Capital Drive is a local street serving only the Murrayville Station business park. D. Fire Service is provided by Wrightsboro VFD. E. The property is not located in a flood hazard area F. Storm water control is subject to the requirements of the County?s storm water ordinance and will be accommodated on site. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned AR-Airport Residential and R-15 Residential District. This request is made concurrent with conditional rezoning to CD (I-1) Conditional District for industrial use. B. Petitioner proposes 135 outdoor storage spaces on the subject property. No buildings are proposed. C. Traffic circulation is not applicable since this site is accessed via the existing storage operation by a security gate. D. Drive aisles exceed the general width standard in order to accommodate maneuvering of boats and RVs. E. A traffic impact analysis is not required. F. A vegetative buffer will be added as required by the ordinance. G. All existing regulated trees will remain on the site. 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 adjacent parcels. B. Outside storage will be located only within an existing fenced area, thus providing an extended buffer from surrounding residential zoning districts. 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 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. The proposal is consistent with the policies relating to industrial use. At the Planning Board?s January 3, 2008 meeting, they voted 6-0 to recommend approval of this request for conditional rezoning and the site plan as submitted. No one from the public spoke on this item. Staff supports the request. Chairman Greer asked if the Petitioner would like to speak on the request and if he agreed with the findings of facts as presented. The Petitioner, James Vass, stated that he agrees with the findings of facts as presented. Chairman Greer stated that no one has asked to speak in opposition to the request. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Howard Capps, on behalf of James and Melissa Vass, to rezone approximately 2.96 acres of property located south and adjacent NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 306 to 2010 Capital Drive from AR Airport Residential and R-15 Residential to CD(I-1) Light Industrial to allow for boat storage 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 allow addition of acreage outside the flood plain to an existing conditional industrial district for storage of boats and RVs under the terms and conditions outlined in a companion special use permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant the Conditional Use Permit to Howard Capps, on behalf of James and Melissa Vass, to locate a boat and RV/camper storage facility in an CD(I-1) Light Industrial Conditional District 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 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 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 67. A copy of the Conditional Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 19.1. PUBLIC HEARING AND APPROVAL OF REQUEST BY VICKI BROUSSARD FOR A SPECIAL USE PERMIT TO PLACE A CHILD DAYCARE FACILITY FOR UP TO SIXTY CHILDREN ON THE PROPERTY OF TRINITY INDEPENDENT FREEWILL BAPTIST CHURCH IN AN R-15 RESIDENTIAL ZONING DISTRICT AT 440 HORN ROAD (S-580, 1/08) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Jane Daughtridge Vicki Broussard Senior Planner Jane Daughtridge reported that at the Planning Board?s January 3, 2008 meeting, they voted 6-0 to recommend approval of this request for a special use permit and the site plan as submitted. Dr. Speight, representing the church, affirmed the church?s support for Ms. Broussard?s daycare project. No one from the public spoke. Planning Director Chris O?Keefe read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Private water and septic serves the property. B.The property accesses Carolina Beach Road, an identified arterial, by Horn Road a local street. C.Level of Service on Carolina Beach Road is rated as E, meaning the road is operating at capacity. D.Traffic Impact Analysis is not required because peak hour trips are estimated at about 65 trips. The threshold for TIA is 100 peak hour trips. E.Fire Service is available from the Myrtle Grove Fire Department. F.The property is not located in a flood hazard area. G.The proposed facility is an existing building historically used as a church. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A.The property is zoned R-15 Residential. B.Off-street parking requirements exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. C.Applicant acknowledges that the play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. D.The day care will be licensed by the State of North Carolina. E.In accordance with Section 72-20 no outside signs in excess of two square feet shall be permitted. F.All other local, state and federal requirements must be met. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A.Child care facilities exist in other residential districts in New Hanover County. The applicant has been operating a home daycare in the neighborhood for several years. B.No evidence has been submitted that this project will decrease property values of residents who live nearby. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 307 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A.The 2006 Land Use Plan Update identifies this area as Urban. B.Policies in the 2006 Land Use Plan do not specifically address daycare needs. C.Staff finds that these findings are positive and does not recommend conditions. Chairman Greer asked if the Petitioner would like to speak on the request and if she agreed with the findings of facts as presented. The Petitioner, Vicki Broussard, stated that she agreed with the findings of facts as presented stating the she currently operates a daycare and the proposed request will allow her to expand her daycare to sixty children. Chairman Greer stated that no one has asked to speak in opposition to the request. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. In response to Board questions, Planning Director O?Keefe reported that staff feels that the existing parking area is sufficient to handle the daycare traffic. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant the Special Use Permit to Vicki Broussard to locate a child daycare facility for up to sixty children on the property of Trinity Independent Freewill Baptist Church in an R-15 Residential Zoning District at 440 Horn Road 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 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 19.2. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 6:52 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:04 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS DISCUSSION ON TAX REVENUE SHORTFALL Commissioner Kopp stated that due to the recent discovery of the tax revenue shortfall he is requesting that in the future a certified letter from the Tax Administrator through the Finance Director and with the County Manager?s signature be submitted to the Board validating the tax revenue amount. This will put checks and balances in place so that the error is not repeated. He also requested the County hold the municipalities harmless for the 1.75% tax collection fee assessed for the current year. Chairman Greer stated that he is not in favor of waiving the tax collection fee as it is an administrative fee that is charged to collect the taxes. Vice-Chairman Caster stated that he does not feel that a certified letter would accomplish much or would have prevented this year?s error from happening. Commissioner Pritchett stated that she feels the municipalities had a responsibility to check the figures that were submitted to them. Commissioner Davis stated that he is not in favor of waiving the tax collection fee because it will affect the taxpayers in the future. County Manager Shell stated that he is willing to take formal written responsibility for the tax revenue amount. Staff is looking at ways to establish a procedure to include the municipalities in the future review process. The amount of the tax collection fees for all the municipalities is $842,000; the City of Wilmington alone is $700,000. It is his NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 4, 2008 PAGE 308 understanding that a formal request from the City of Wilmington is forthcoming requesting a waiver of the tax collection fee. He requested the Board?s direction. RECOGNITION OF NEW HANOVER COUNTY FIREFIGHTERS Commissioner Pritchett reported that she attended the Fire Services Recognition Awards program where twenty-five firefighters were recognized for their efforts in saving lives. These efforts include using resuscitation to stabilize victims. CONSIDERATION OF BIRD SANCTUARIES Commissioner Davis requested that staff examine the possibility of establishing a bird sanctuary on each of the County?s creeks near residential areas. Commissioner Kopp stated that he was spearheading the effort with staff to put together a committee to examine all aspects of the duck hunting issue and come up with a proposal for the Board?s consideration. The bird sanctuary possibility will be considered. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to consult with the County Attorney regarding a matter of pending litigation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to consult with the County Attorney regarding a matter of pending litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 7:25 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 7:59 p.m. He reported that the Board consulted with the County Attorney regarding pending litigation with no action being taken. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to consider a personnel matter. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to consider a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 8:00 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 8:23 p.m. He reported that the Board met to consider a personnel matter with no action being taken. 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 8:24 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board