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2008-03-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 320 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 10, 2008, at 1:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; 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 and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Human Relations Director Carl A. Byrd, Sr. gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer announced that Consent Agenda Item 2 - Approval of Changes to Airlie Gardens Event Rental Agreement has been withdrawn from the Agenda.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 Kopp, 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 February 8, 2008 Agenda Review meeting held on February 14, 2008 Closed Session meeting held on February 18, 2008 Regular Session meeting held on February 18, 2008 Board of Equalization and Review meeting held on February 20, 2008 Board of Equalization and Review meeting held on February 27, 2008 Approval of Administrative Support Specialist Position ? County Manager?s Office The Commissioners approved an additional Administrative Support Specialist position for the County Manager?s Office. The net cost for the remainder of the year is in the amount of $1,479. The net annual cost will be $5,917 since temporary and overtime expenditures will be eliminated. A full-time position will increase productivity significantly and eliminate the significant amount of overtime and temporary salary expenses that are currently incurred to manage the demands of the office. Authorization to Submit a Continuation Grant Application to the Work First Program ? Department of Social Services The Commissioners authorized the Department of Social Services to submit a continuation grant application to the Work First Program ?Building on Strengths and Partnerships? in the amount of $562,109. If awarded, the continuation funds will be used to move the eligible population more quickly into employment, assist in increasing North Carolina's Work First participation rate to ensure continued Federal funding, and provide the Work First population with sufficient supportive services to increase their employability. No local match is required. Acceptance of North Carolina Department of Health and Human Services, Division of Public Health Funds and Adoption of Budget Ordinance Amendment 08-195 ? Department of Health The Commissioners, on behalf of the Department of Health, accepted funds from the North Carolina Department of Health and Human Services, Division of Public Health, in the amount of $13,395 and adopted Budget Ordinance Amendment 08-195. The funds will be used to support a new part-time, 20 hour per week, Administrative Support Technician position and for department operating expenses to provide support to revenue- generating positions within the department. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 6.1. Authorization to Submit a Grant Application to Co-Manage the Greater Wilmington Arts and Cultural Alliance Grassroots Arts Funds ? Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit an application to co-manage the Greater Wilmington Arts and Cultural Alliance Grassroots Arts funds in the amount of $51,875. If awarded, twenty percent of the grant will be used to fund a ten-hour per week intern/staff person who will administer the grant. Eighty NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 321 percent of the grant funds will be used to fund sub-grants to arts organizations, according to an approved competitive process. No local match is required. Authorization to Submit a Grant Application to the Good Shepherd Fund ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to the Good Shepherd Fund in the amount of $2,000. If awarded, the funds will be used to continue the Safe Summer Program. No local match is required. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments: 08-171 - Museum 08-172 - Museum 08-174 - Social Services 08-183 - Sheriff's Office 08-184 - Sheriff's Office 08-190 - Health Department 08-191 - Health Department 08-192 - Health Department 08-193 - Library 08-194 - Library 2008-92 - Finance 2008-95 - Sheriff's Office 2008-96 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 6.2. REGULAR ITEMS OF BUSINESS APPROVAL OF REQUEST BY KEN SHANKLIN, ON BEHALF OF CAROLINA MARINA AND YACHT CLUB, LLC, TO CONTINUE THE ITEM UNTIL THE BOARD?S JUNE 2, 2008 MEETING (S-13, 02/08) Chairman Greer reported that Ken Shanklin, on behalf of Carolina Marina and Yacht Club, LLC, has requested a ninety-day continuance for Regular Agenda Item 8.3 - Public Hearing: Special Use Permit Modification (S-13) ? Request by Ken Shanklin for Tim Ward to Modify the Site Plan for Special Use Permit S-13 to Relocate Piers, Eliminate the Boat Ramp and Modify the Clubhouse Footprint in the R-15 Residential Zoning District at 1512 Burnett Road in the Conservation Land Classification and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Ken Shanklin, on behalf of Carolina Marina and Yacht Club, LLC, to continue the request to modify the site plan for Special Use Permit S-13. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer continued reporting that Regular Agenda Item 14 ? Consideration of Text Amendments to New Hanover County Storm Water Ordinance has been withdrawn from the agenda for additional review. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Donna Seal - Budget Department Cynthia Tatum - Health Department LaVaughn Nesmith - Social Services Ten Year: Nathan Jones - Sheriff's Office Frances Morrisey - Sheriff's Office Douglas Perry - Sheriff's Office Kathryn Bujalski - Library Fifteen Year: Thomas Burdette - Engineering Department Lou Miller - Social Services Twenty Year: Jan Kavanaugh - Information Technology Ruby Cromartie - Property Management Andrea Kelly - Social Services On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF 2007 CAPE FEAR COUNCIL OF GOVERNMENTS AWARD WINNERS County Manager Bruce Shell recognized Department of Aging Director Annette Crumpton on receiving the Cape Fear Council of Governments 2007 Area Agency on Aging Professional Excellence Award and Commissioner Nancy Pritchett on receiving the Cape Fear Council of Governments 2007 Lynwood Norris Outstanding Executive NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 322 Board Member award. On behalf of the Board, Chairman Greer congratulated Ms. Crumpton and Commissioner Pritchett on the recognition. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2008 AS FAIR HOUSING MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the New Hanover Human Relations Commission is requesting the Board recognize April 2008 as Fair Housing Month 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 recognizing April 2008 as Fair Housing Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 6.3. ADOPTION OF RESOLUTION APPROVING THE SOLE SOURCE PURCHASE OF A ROBINSON R-44 HELICOPTER AND BUDGET ORDINANCE AMENDMENT 2008-84 Sheriff Sid Causey reported that the Sheriff's Office desires to purchase a Robinson R-44 Helicopter equipped with Police Package for their use. This equipment will be a valuable asset in combating crime in the community. The equipment will be purchased from Segrave Aviation, Inc., the only authorized Robinson R-44 Helicopter dealer in North Carolina. The total cost of the helicopter and equipment is $683,050 excluding any discounts offered by the dealer. On October 15, 2007, on behalf of the Sheriff?s Office, the Board accepted grant funds from the Port Security Grant Program for the Security by Air project and adopted the budget ordinance amendment in the amount of $267,000. These grant funds will be used for labor and materials for the complete installation of a helicopter landing pad, as well as radio and lighting equipment for the helicopter. The balance of the funds will be paid using Federal Forfeited Funds. Staff requests that the Board adopt the sole source resolution as allowed in General Statute 143-129(e)(6) for the purchase of the Robinson R-44 helicopter equipped with Police Package from Segrave Aviation, Inc. in the amount of $683,050 and Budget Ordinance Amendment 2008-84. In response to Board questions, County Attorney Copley confirmed that the Board is authorized to approve the sole source purchase. In response to Board questions, Sheriff Causey reported that the option of sharing the City of Wilmington?s helicopter was reviewed and found not to be cost effective. The funds being used for this purchase are not tax dollars but are Federal Forfeited Funds, or drug money that has been seized. Federal Forfeited Funds are required to be used for law enforcement at the Sheriff?s discretion and not to subsidize the Sheriff?s Office budget. Vice-Chairman Caster read the resolution into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the sole source resolution for the purchase of the Robinson R-44 helicopter equipped with Police Package from Segrave Aviation, Inc. in the amount of $683,050. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt Budget Ordinance Amendment 2008-84. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 6.4. AUTHORIZATION FOR THE SHERIFF?S OFFICE TO SUBMIT A GRANT APPLICATION TO THE NORTH CAROLINA GOVERNOR?S HIGHWAY SAFETY PROGRAM FOR TRAFFIC ENFORCEMENT Sheriff Sid Causey reported that a project concept statement submitted by the Sheriff's Office has been approved by the North Carolina Governor's Highway Safety Program for 2008 grant funding consideration. The next step in the funding process is to submit a grant contract and Local Governmental Resolution to the Governor?s Highway Safety Program. The project concept submitted by the Sheriff's Office includes four positions, three Deputies and one Lieutenant, dedicated to traffic enforcement. First year funding for the traffic enforcement project includes: $116,979 salary/fringes for the four full-time positions April - September 2008 and $194,000 for equipment. Total project cost for the first year is $310,979. There is no local match requirement for first year salaries/fringes. There is a twenty-five percent local match requirement of $48,500 for equipment. The Sheriff is requesting General Fund contingency funds be used for the local match requirement on the equipment. A budget amendment will be submitted to the County Commissioners for approval if funds are received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 323 If the grant is awarded, the Governor?s Highway Safety Program requires that the project period be at least three years. The formula for the local match of personnel funds follows: first year, 0%; second year, 25%; third year, 50%; fourth year 100%. Equipment funds are included only in the first year of the project and not in subsequent years. Staff is requesting the Board authorize the Sheriff's Office to submit the grant contract and the Local Governmental Resolution to the Governor?s Highway Safety Program and accept the grant if awarded. In response to Board questions, Sheriff Causey confirmed that the Sheriff?s Office will not be required to pick-up the grant in the fourth year; an assessment of the program will be done in year three. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to authorize the Sheriff's Office to submit the grant contract and Local Governmental Resolution to the Governor?s Highway Safety Program for Traffic Enforcement and accept the grant if awarded. 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 XXXI, Page 6.5. TSUNAMI READY COMMUNITY DESIGNATION PRESENTATION AND ADOPTION OF RESOLUTION HONORING TOM MATHESON ON HIS RETIREMENT Tom Matheson, Warning Coordination Meteorologist with the Wilmington Office of the National Weather Service presented an overview of the Tsunami Ready program reporting that New Hanover County has completed all National Weather Service requirements for designation as a "Tsunami Ready Community." He presented the Board and Emergency Management staff with the official designation as a ?Tsunami Ready Community.? Emergency Management Director Warren Lee reported that Mr. Matheson has recently retired from public service after fourteen years in his capacity as Warning Coordination Meteorologist with the National Weather Service Forecast Office in Wilmington and presented Mr. Matheson with a plaque of appreciation. Chairman Greer read a resolution into the record honoring Mr. Matheson for his public service and congratulating him on his retirement and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution honoring Mr. Matheson for his public service and congratulating him on his retirement. 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 XXXI, Page 6.6. PRESENTATION OF NEW HANOVER HUMAN RELATIONS 2007 ANNUAL REPORT Human Relations Director, Carl A. Byrd, Sr., presented the New Hanover Human Relations 2007 Annual Report highlighting that the Human Relations Department responded to 1,736 requests for assistance in 2007. Director Byrd expressed appreciation to the Board of County Commissioners for past and continued support of the Human Relations Commission. After a brief question and answer period, Chairman Greer expressed appreciation to Director Byrd and Staff for the services and assistance provided to the citizens and businesses of New Hanover County. A copy of the 2007 New Hanover Human Relations Annual Report is available for review in the Human Relations Department. PUBLIC HEARING AND APPROVAL OF REQUEST BY CHRIS BONEY WITH LS3P, ON BEHALF OF MICHAEL WHITE, TO REZONE APPROXIMATELY 25 ACRES OF PROPERTY LOCATED AT 1550 POINT HARBOR ROAD FROM I-1 LIGHT INDUSTRIAL TO RFMU RIVERFRONT MIXED USE DISTRICT (Z-879, 2/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reportedthat LS3P, on behalf of Michael White, are requesting to rezone approximately 25 acres of property located at 1550 Point Harbor Road from I-1 Light Industrial to RFMU Riverfront Mixed Use District and presented a slide overview of the request. This rezoning petition is the first project to be reviewed under the county?s new River Front Mixed Use standards. The subject property is located in the western portion of the county in an area classified as Conservation on the 2006 CAMA Land Classification map and zoned I-1. The property is accessed from Point Harbor Road, a local street near the intersection of US Highway 421 and Parsley Street (Isabel Holmes Bridge). The proposed change will allow the association of residential and commercial development with the existing marina operation. A portion of the property fronting along U.S. Highway 421 is not part of this rezoning NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 324 proposal and will remain I-1. That portion is heavily influenced by a Department of Transportation right-of-way stub of Point Harbor Road. The applicant has requested abandonment of the stub but has not received the final decision by NCDOT. The abandonment request has a direct impact on the RFMU portion of the project as it relates to the street access entrance and ?Building D? as shown on the proposed site plan. The proposal envisions a mixed development on approximately twenty-five acres with a wet and dry slip marina expanded to include 220 condo units in six buildings, with first floor retail and structured parking. Most of the structures are three story condos over parking. The tallest of the buildings is seven stories over parking. Maximum height, including parking, is shown as 118 feet. Non-residential uses (not including the dry stack) are estimated at 16,000 square feet of retail, restaurant, and office uses, or just under 4% of the project. The dry stack facility includes 200 dry slips in a building 80 feet tall with a footprint of about 25,200 sq. ft., bringing the non- residential component total to more than 9%. The dry storage facility is designed to visually complement the planned community. The marina shows 55 wet slips, including transient dockage, with an area of possible future expansion for an unspecified number of additional wet slips. Infrastructure to support the project is not yet in place. The applicant intends to bring public water and sewer to the site via a directional bore under the Cape Fear River to tie into services on the City side. The applicant indicates that voluntary annexation into the City is likely to be requisite to approval of the service connections, but the project will not be feasible until capacity is available in the Northside Waste Water Treatment Plant and the new utility authority will be the entity charged with accommodating the needs of the project. A Traffic Impact Analysis indicates trip generation of approximately 3,100 vehicles per day, with peak hour traffic around 150 vehicles per hour. The figures include consideration of a 120 room hotel, not included in the RFMU rezoning, and about 25% of the peak hour trips are credited to that use. The Traffic Impact Analysis recommends ingress/egress proposed as a right in/right out configuration which would route traffic on southbound US 421 to a right turn into a new roadway that would circle back under the Thomas Rhodes bridge and bring traffic back northerly along Point Harbor Road to the site. Northbound traffic on U.S. Highway 421 would make right turns into and out of the site. The right in/right out only option is the preferred method by all agencies and the applicant because safety is enhanced and Level of Service is maintained at Level D under that scenario as opposed to deteriorating to Level F under existing conditions. The Traffic Impact Analysis recommends construction of a right turn lane on U.S. Highway 421, improvement of Point Harbor Road, and restriping to eliminate left turns. In accordance with the ordinance, this preliminary plan proposal was reviewed by the Technical Review Committee on January 9, 2008 with the following comments and recommendations: (1) That the Traffic Impact Analysis and associated amendments be reviewed and endorsed by the City/County Metropolitan Planning Organization and NCDOT. (2) That a secondary access leading into the project be displayed on the plan. (3) An emergency evacuation plan be created and reviewed by Emergency Management since the entire site is within the 100 year flood zone. (4) A suitable method and location of disposing of solid waste be created and identified. (5) Conduct a meeting with County Fire Services to resolve any issues they may have regarding fire protection. (6) Provide and update status report on the road that is proposed to be abandoned. (7) That remediation of the contaminated areas on site be fully addressed by the appropriate agency. (8) Indicate on the site plan the uses planned for the project in accordance with 59.9-3 of the Zoning Ordinance. (9) That the site plan be presented back to Technical Review Committee after the Planning Board reviews the plan on February 7, 2008. At the February 7, 2008 Planning Board meeting, they voted 6-0 (one member being recused) to recommend approval of the request. Only one person spoke during the public comment time and generally supported the project. Staff feels this proposal embraces the spirit and intent of the RFMU requirements. The waivers requested are minimal and reasonable within the context of the project as a whole. The applicant has been responsive in seeking solutions for all issues raised during the review to date and progress has been made toward resolving all remaining issues relating to secondary access. Staff recommends approval based on final resolution of the remaining issues. In response to Board questions, Planning Director O?Keefe and Assistant County Attorney Sharon Huffman reported that the Petitioner will be held to the site plan as presented. The intent of the ordinance is for the approved plan to essentially be the rezoning and that only minor changes can be administratively approved; major changes would require a new public hearing. Chairman Greer asked if the Petitioner would like to speak on the request. Michael White, Five Points Development, presented a history of the proposed project. Chris Boney, LS3P Associates, presented a slide overview of the proposed project confirming that all Technical Review Committee concerns have been addressed and it is a realistic, conservative, and controlled growth plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 325 Michael White, Five Points Development, stated that they are in agreement with the condition that any major change to the project would require a new public hearing. Chairman Greer asked if anyone would like to speak in opposition to the request. Hearing no one, 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 LS3P, on behalf of Michael White, to rezone approximately 25 acres of property located at 1550 Point Harbor Road from I-1 Light Industrial to RFMU Riverfront Mixed Use District finding that the request is: 1) Consistent with the purposes and intent of the Conservation land classification when associated with Riverfront Mixed Use Districts and the associated land use policies adopted in the 2006 Land Use Plan as amended; and 2) Reasonable and in the public interest to allow a mixed use project in a special district designed for such proposals under the terms and conditions outlined in the ordinance and subject to the companion site plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 53. BREAK Chairman Greer called for a break from 3:06 p.m. until 3:23 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY MATT NICHOLS, ON BEHALF OF RIVER BLUFFS DEVELOPMENT CORPORATION, TO REZONE APPROXIMATELY 237 ACRES OF PROPERTY LOCATED AT THE WEST END OF CHAIR ROAD FROM R-20 RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT FOR A CONTINUING CARE RETIREMENT COMMUNITY (Z-880, 02/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reportedthat Matt Nichols, on behalf of River Bluffs Development Corporation, is requesting to rezone approximately 237 acres of property located at the west end of Chair Road from R-20 Residential to PD Planned Development District for a continuing care retirement community and presented an overview of the request. The property is accessed from Chair Road, a two lane local street which intersects with Castle Hayne Road about one mile to the east. This rezoning petition envisions a planned development which will include a continuing care retirement concept as well as limited commercial activities. The Master Plan shows 207 single family units, 47 multi-family units, 300 retirement units, and 15.17 acres of commercial use for a country store and an RV/boat storage facility as an amenity for the property owners within the development. The 300 retirement units will be divided among patio homes and townhouses for the independent and assisted stages of the continuum of care. The skilled nursing facility will include 30-40 beds for use only by the contractual residents of the continuing care facilities. Thirty-five percent or about 77.5 acres will be reserved for recreational and open space. The developer has indicated that a boardwalk will be installed along the entire river bluff to provide pedestrian access to the water for the use and enjoyment of the community. The infrastructure to support the project is not yet in place. The Petitioner proposes to connect the development to county water and sewer when capacity becomes available. The final plan requires that the formal subdivision process will be followed and the Petitioner will have to show provision of adequate water and sewer or septic prior to approval of plats. A most recent Traffic Impact Analysis indicates trip generation of approximately 4,555 vehicles per day, with p.m. peak hour traffic around 393 trips. This Traffic Impact Analysis has been recently updated to include additional intersection required by the MPO and DOT. Based on the ordinance, the level of service cannot fall below Level C on Chair Road in order to qualify for rezoning. Recommendations from the updated Traffic Impact Analysis would require the development to construct a new 125 foot southbound turning lane along Castle Hayne Road. Signalization would also be required in order to maintain a Level of Service at C or better according to the analysis. The Planning Board voted 6-1 to recommend approval. Several people from Chair Road expressed concerns relating to increased traffic; lack of access to sewer for existing residents; potential proximity of fuel tanks to wetlands; drainage concerns; and historical/archeological preservation. Staff feels that connection of Chair Road and Rockhill Road along the west side of I-140 would significantly enhance public safety concerns and connectivity opportunities in this area. Staff strongly urges arrangements to provide such a connection. Limiting impervious surface, preservation of trees and thoughtful placement of storm water infrastructure will minimize wetland loss and impacts to the aquifer. Staff recommends approval of this rezoning as long as connections to Rockhill Road can be achieved and the examination for a signalization of the intersection of Chair Road and Castle Hayne Road. According to the Traffic Impact Analysis submitted by the Petitioner, signalization at this road is necessary to keep the intersection from falling to a Level of Service of F. Chairman Greer asked if the Petitioner would like to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 326 Matt Nichols, on behalf of River Bluff Development Corporation, presented an overview of the proposed project. The Planned Development meets the strategies for the 2006 CAMA Land Use Plan by providing adequate housing for the special needs, elderly, and disabled that is integrated throughout the community. They have met with neighbors on two different occasions to address concerns. Peak traffic will decrease if built with the proposed Planned Development District as opposed to the current R-20. The proposed project is a comprehensive development approach for a high quality and aesthetically pleasing. Chairman Greer asked if anyone was present to speak in opposition to the request. Joseph C. Bridger spoke in opposition to the request stating his concern with the commercial area included in the Master Plan and traffic safety and congestion concerns. He requested the Board deny the request with the included commercial area, especially for a gas station due to the potential impact of fuel tanks on the wetlands. In response to Board suggestions, Mr. Bridger stated that he would like all commercial development prohibited but confirmed that he would prefer that at the very least the gas station be prohibited. In rebuttal comments, Burrows Smith, River Bluff Development Corporation, presented an overview of the RV and Boat storage and country store concept as part of the Planned Development. The concept of the Homeowners Association possibly owning and operating the country store/gas station is being considered. In response to Board questions concerning the portion of Chair Road remaining public, Mr. Smith stated that they would be willing to keep it open but perhaps reroute the road to aid in buffering for sound and site. Currently the State owns the portion of the road in question. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by Matt Nichols, on behalf of River Bluffs Development Corporation, to rezone approximately 237 acres of property located at the west end of Chair Road from R-20 Residential to PD Planned Development District for a continuing care retirement community finding that the request is: 1) Consistent with the purposes and intent of the Aquifer and Wetland Resource Protection land classifications and the associated land use policies adopted in the 2006 Land Use Plan as amended; and 2) Reasonable and in the public interest to allow a mixed use project in a special district designed for such proposals under the terms and conditions outlined in the ordinance and subject to the companion master plan. Substitute motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to approve the request by Matt Nichols, on behalf of River Bluffs Development Corporation, to rezone approximately 237 acres of property located at the west end of Chair Road from R-20 Residential to PD Planned Development District for a continuing care retirement community finding that the request is: 1) Consistent with the purposes and intent of the Aquifer and Wetland Resource Protection land classifications and the associated land use policies adopted in the 2006 Land Use Plan as amended; and 2) Reasonable and in the public interest to allow a mixed use project in a special district designed for such proposals under the terms and conditions outlined in the ordinance and subject to the companion master plan with above ground storage tanks only. In response to Board discussion, Planning Director O?Keefe clarified that additional conditions are not permitted to be added to a Planned Development District rezoning request. When a Planned Development District rezoning is approved it is approved as presented. Upon clarification from Planning Director O?Keefe, Commissioner Kopp withdrew the substitute motion. In response to Board questions, Mr. Nichols confirmed that the Petitioner is willing to amend the site plan to include that the country store/gas station will not have underground fuel storage tanks and confirmed that they wish to proceed with the rezoning request. Chairman Greer called for a vote on the motion. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page 25.1. PUBLIC HEARING CONCERNING MASON INLET SPECIAL ASSESSMENT AND CONFIRMATION OF ASSESSMENTS AS PRESENTED Chairman Greer opened the Public Hearing and reported that on February 4, 2008 the Board of Commissioners adopted a preliminary assessment resolution for Mason Inlet Relocation Project costs having determined total cost to be assessed. The project was initially authorized in 1999, and the original assessment basis remains in force. North Carolina General Statute 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to any matters covered by the preliminary assessment resolution. The Board is requested to conduct the Public Hearing and annul, modify or confirm the assessments as appropriate. If the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 327 assessments are confirmed, direct staff to publish a Notice of Confirmation. Frank Pinkston, representative on behalf of the Mason Inlet Preservation Group, requested five years to pay back the assessment as opposed to the three year term. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, on March 10, 1008 at 4:55 p.m. to confirm the assessments as presented and direct staff to publish a Notice of Confirmation. Upon vote, the MOTION CARRIED UNANIMOUSLY. In response to Board questions, Finance Director Avril Pinder confirmed that extending the term for repayment from three year to five years will not be a problem. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to extend the term for repayment to five years. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION AUTHORIZING THE PURCHASE OF AN AERIAL PLATFORM LADDER FIRE TRUCK TO TRIAD FIRE, INC. AND BUDGET ORDINANCE AMENDMENT 08-164 Fire Chief Donnie Hall reported that on January 13, 2008, a Request for Bids was published in the Star News for the purchase of a 100' Aerial Platform Ladder Fire Truck. Triad Fire, Inc. submitted the sole bid in the amount of $844,551. Staff has reviewed the bid proposal and found it to be a responsible bid and requests the Board adopt the resolution awarding the contract to Triad Fire, Inc. in the amount of $844,551 and adopt Budget Ordinance Amendment 08-164. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution awarding the contract to Triad Fire, Inc. in the amount of $844,551 and adopt Budget Ordinance Amendment 08- 164. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 6.7. ADOPTION OF CAPITAL PROJECT ORDINANCE ESTABLISHING THE MURRAYVILLE FIRE STATION CAPITAL PROJECT AND RESOLUTION AWARDING BID TO DIXIE CONTRACTORS FOR CONSTRUCTION OF THE MURRAYVILLE FIRE STATION Fire Chief Donnie Hall reported that the Board is being requested to consider adopting the Capital Project Ordinance in the amount of $3,549,966 establishing the Murrayville Fire Station Capital Project and adopt the resolution awarding the bid to Dixie General Contractors for construction of the Murrayville Fire Station. Nine bids were received with Dixie General Contractors submitting the lowest responsible bid. After a brief question and answer period,Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the Capital Project Ordinance in the amount of $3,549,966 establishing the Murrayville Fire Station Capital Project and adopt the resolution awarding the bid to Dixie General Contractors for construction of the Murrayville Fire Station. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the capital project ordinance and of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 6.8. ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH SUNTRUST LEASING County Finance Director Avril Pinder reported that the Board previously approved the purchase of a loader for the Landfill in the amount of $143,970, a bulldozer for the Landfill in the amount of $649,329, and an aerial fire truck for Fire Services in the amount of $844,551. Staff is requesting the Board adopt the resolution approving the installment financing for equipment with SunTrust Leasing Corporation for five years at a rate of 2.942%. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving the installment financing for equipment with SunTrust Leasing Corporation for five years at a rate of 2.942%. 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 6.9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 328 PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING INSTALLMENT FINANCING AGREEMENT FOR JAIL PROPERTY, MURRAYVILLE FIRE STATION CONSTRUCTION, FUNDING FOR THE PUBLIC SAFETY TRAINING CENTER AT CAPE FEAR COMMUNITY COLLEGE AND A CUSTOMS BUILDING AT WILMINGTON INTERNATIONAL AIRPORT Chairman Greer opened the Public Hearing and requested staff to make the presentation. Finance Director Avril Pinder announced that pursuant to North Carolina General Statute 160A-20 the County is required to hold a public hearing prior to entering into an installment financing agreement. The agreement is for the purpose of financing the purchase of land adjacent to the county Jail, construction of the Murrayville Fire Station, funding for the Public Safety Training Center at Cape Fear Community College and funding for the customs building at Wilmington International Airport. The Board is requested to adopt the resolution approving the financing agreement and requesting the Local Government Commission to approve the financing arrangement. This is an 18-year term with semi annual payments and an interest rate of 4.06%. 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 adopt the resolution approving the financing agreement for the purpose of financing the purchase of land adjacent to the county jail, construction of the Murrayville Fire Station, funding for the Public Safety Training Center at Cape Fear Community College and for the customs building at Wilmington International Airport and requesting the Local Government Commission to approve the financing arrangement. 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 XXXI, Page 6.10. CONSIDERATION OF WAVE TRANSIT/CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY FUNDING REQUEST Budget Director Cam Griffin reported that WAVE Transit/Cape Fear Public Transportation Authority has submitted a request for additional funding from both the City of Wilmington and New Hanover County. The Authority is requesting $132,000 from the City of Wilmington and $33,000 from New Hanover County to assist with operating costs for the remainder of FY07-08. Jeff Bellows, Chairman of the Cape Fear Public Transportation Authority Board of Directors, requested the Board use WAVE Transit funds that are in reserve for future facility and van purchases. In response to Board questions, Budget Director Griffin confirmed that funds in the amount of approximately $144,000 are in reserve in the General Fund carried over for a future facility and van purchases. If these funds are used there will be less money for the required local match for a future facility. In the FY07-08 budget, $147,710 was budgeted for WAVE Transit/Cape Fear Public Transportation Authority. In response to Board questions, Mr. Bellows confirmed that they need to find a way to build reserve funds and that they are working toward replacing buses with smaller vans where appropriate. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED to approve the request byWAVE Transit/Cape Fear Public Transportation Authority for additional funding in the amount of $33,000 to assist with operating costs for the remainder of FY07-08 with the funds drawn from funds currently being held. Upon vote, the MOTION DIED FOR LACK OF A SECOND. BREAK Chairman Greer called for a break from 5:18 p.m. until 5:30 p.m. NEW HANOVER COUNTY AND CITY OF WILMINGTON FIRE SERVICES CONSOLIDATION BRIEFING Vice-Chairman Caster stated that he has requested staff review the possibility of consolidating Fire Services with the City of Wilmington. Commissioner Pritchett stated that she feels the briefing is inappropriate because the concept of consolidation has not been presented to the New Hanover County Board of Fire Commissioners for review and input. Fire Chief Donnie Hall presented the following Overview of Fire Protection: ? City of Wilmington provides emergency services to the corporate limits of Wilmington ? New Hanover County provides emergency services to the unincorporated areas of New Hanover County (contractual Volunteer Fire Departments) ? Population ? City of Wilmington ? 98,529; NHC ? 75,084 ? Staffing ? City of Wilmington ? 224; NHC ? 74 budgeted, various trained volunteers per station ? Budget ? City of Wilmington General Fund - $13,629,732; NHC - $8,286,027 (ad valorem and sales tax) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 329 ? Tax Base ? City of Wilmington - $13.6 billion; NHC - $12.1 billion ? Fire Stations ? City of Wilmington ? eleven fire stations with a response of 2.5 mile; NHC ? seven fire stations (one additional proposed) with a response of 5.0 mile ? Fire Engines ? City of Wilmington ? eleven engines; NHC ? 17 engines ? Rescues ? three each for City of Wilmington and NHC ? Tankers ? NHC has seven ? Total Incident Count for 2006 ? City of Wilmington ? 9,902; NHC ? 5,801 In closing, Chief Hall reported on the following options for a merger: ? Form a joint powers authority through various means to administer emergency services through the merged area ? Emergency services (fire/rescue) provided by Wilmington ? Emergency services (fire/rescue) provided by New Hanover County In response to Board questions Chief Hall confirmed that the equipment owned by the City of Wilmington and NHC is adaptable to the other. The Beach communities have a combination of career fire fighters and volunteers and have not been included in the consolidation concept at this point. After brief discussion, the consensus of the Board is to conceptually approve moving forward with the study of consolidating Fire Services with the City of Wilmington and take the concept to the next meeting of the Board of Fire Commissioners. ADOPTION OF RESOLUTION AUTHORIZING THE NEXT COUNTYWIDE REVALUATION TO BE EFFECTIVE ON JANUARY 1, 2011 Finance Director Avril Pinder reported that the Board is being requested to adopt the resolution authorizing the next countywide revaluation effective on January 1, 2011. In response to Board questions, Finance Director Pinder reported that staff has conducted a comparison study of conducting the revaluation to be effective on January 1, 2010 and January 1, 2011 and found that it will be most cost effective to conduct the revaluation to be effective on January 1, 2011. Chairman Greer read the resolution into the record and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution authorizing the next county-wide revaluation be effective on January 1, 2011. 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 6.11. APPROVAL TO CONVENE AS BOARD OF EQUALIZATION AND REVIEW ON MAY 5, 2008 AT 5:30 P.M. IN THE NEW HANOVER COUNTY HISTORIC COURTHOUSE LOCATED AT 24 NORTH THIRD STREET, ROOM 301 Finance Director Avril Pinder reported that the Board is being requested to set the date of May 5, 2008 at 5:30 p.m. in the New Hanover County Historic Courthouse located at 24 North Third Street, Room 301, to convene as the Board of Equalization and Review to hear taxpayers who appeal the value of their property or appeal with respect to the listing and appraisal of property of others. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve convening as the Board of Equalization and Review on May 5, 2008 at 5:30 p.m. in the New Hanover County Historic Courthouse located at 24 North Third Street, Room 301, to hear taxpayers who appeal the value of their property or appeal with respect to the listing and appraisal of property of others. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENT Appointment to the Library Advisory Board Chairman Greer reported that one vacancy exists on the Library Advisory Board for an unexpired term with one application having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Bettie H. Harrison to fill an unexpired term on the Library Advisory Board with the term to expire on August 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called for a dinner break from 6:00 p.m. until 6:27 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 6:27 p.m. to hold a meeting of the New Hanover NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 10, 2008 PAGE 330 County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:13 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. Larry Hunt, resident of 6607 Sylvan Lane, stated his concern for the safety issue by allowing hunting in the Howe Creek area. He encouraged the Board to put into the county ordinance the restriction not allowing shooting within 150 yards of a residence. Chief Deputy Ed McMahon introduced Chief Deputy Larry Hines stating that they were present in support of Sheriff Causey who works for the safety and betterment of the citizens of New Hanover County. He requested recognition of the deputies and staff that were in attendance, followed by a standing ovation in support of the Sheriff. Commissioner Pritchett noted that the deputies were there on their own time to show their support of Sheriff Causey. ADDITIONAL ITEMS PEYTON STRICKLAND SETTLEMENT AGREEMENT County Attorney Wanda M. Copley reported that as required the Peyton Strickland Settlement Agreement must be entered into the record. The County?s insurance provider settled the matter with the Strickland family. New Hanover County is responsible for the $25,000 deductible. Attorney Copley read the Peyton Strickland Settlement Agreement into the record. A copy of the agreement is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 6.12. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 7:25 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board