Loading...
2010-06-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 835 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 7, 2010, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,Wilmington,NC. Members present were: Vice-Chairman Jonathan Barfield, Jr.; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell. Chairman Jason R. Thompson was absent. Vice-Chairman Barfield called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Roland Banks,Windermere Presbyterian Church,gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Vice-Chairman Barfield asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Vice-Chairman Barfield called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Budget Work Session held on Thursday,May 6,2010 Joint Meeting held on Thursday,May 13, 2010 Regular Meeting held on Monday,May 17, 2010 Approval of 2006 Records Retention and Disposition Schedule as Presented by the North Carolina Division of Archives and History—Governing Body The Commissioners,as required by General Statutes,approved the 2006 Records Retention and Disposition Schedule—County Management as presented by the North Carolina Division of Archives and History to replace the 2001 Schedule. A copy of the 2006 Records Retention and Disposition Schedule Approval Sheet is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXIII,Page 12.1. Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Torchwood Boulevard located between SR 2718 Beacon Trail and Bow Hunter Drive (non-system roadway)in New Hanover County to the state system(Division File No. 1157-N). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 12.2. Acceptance of Home and Community Care Block Grant Funds—Senior Resources Center The Commissioners accepted Home and Community Care Block Grant Funds in the total amount of $968,885. The funds will be used as follows: • Transportation in the amount of$127,934 • Home delivered meals in the amount of$298,204 • Congregate meals in the amount of$79,663 • Case assistance/information and referral in the amount of$76,063 • Senior Center operations in the amount of$47,204 • In-Home Aide Services in the amount of$237,168 • Adult Day Care in the amount of$49,517 • Adult Day Health in the amount of$53,132 The Senior Resources Center currently has a contract in place with Interim Health Care of the Eastern Carolinas, Inc. for the In-Home Aide services, and Elderhaus, Inc. for Adult Day Care and Adult Day Health Services. The required 10% match is included in the Parks, Garden, and Senior Resources Center requested FY 2010-2011 budget. In order to receive grant funds, Interim Health Care and Elderhaus, Inc. are required to provide their match. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 836 Authorization to Submit a Grant Application to the Office of Juvenile Justice and Delinquency Prevention Youth Gang Prevention and Intervention Program—Sheriff's Office The Commissioners authorized the Sheriff's Office to submit a grant application to the Office of Juvenile Justice and Delinquency Prevention Youth Gang Prevention and Intervention Program in the amount of$136,886. No local match is required. If awarded,the funds will be used for the continuation of the Gang Task Force program as follows: • Eighteen months for salary and fringe benefits for one family case manager position in the amount of $62,116 • Travel in the amount of $13,000 • Equipment in the amount of$3,620 • Supplies in the amount of$10,500 • Contracts in the amount of$47,650 Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax Department The Commissioners accepted the following Tax Collection Reports as of April 30,2010. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIII,Page 12.3. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-251 - Social Services 10-259- Social Services 10-265 -Library 10-269-Parks, Gardens& Senior Resource Center 10-266- Sheriffs Office 2010-65 - Sheriffs Office A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 12.4. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING JUNE 2010 AS ELDER ABUSE AWARENESS MONTH IN NEW HANOVER COUNTY Marianna B. Stacy and Jane Jones from the Cape Fear Elder Abuse Prevention Network submitted the request for the Board's consideration to proclaim June 2010 as Elder Abuse Awareness Month in New Hanover County and were present to receive the proclamation. Commissioner Caster read the proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Davis, to adopt the proclamation recognizing June 2010 as Elder Abuse Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 12.5. APPROVAL OF CONTINUANCE REQUEST BY WILSHIRE MANAGEMENT GROUP TO REZONE APPROXIMATELY 9.93 ACRES OF PROPERTY LOCATED AT 611 MIDDLE SOUND LOOP ROAD FROM R-15 RESIDENTIAL DISTRICT TO EXCEPTIONAL DESIGN ZONING DISTRICT UNTIL THE BOARD'S AUGUST 2,2010 MEETING(Z-897,8/09) Vice-Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planning and Inspections Director Chris O'Keefe reported that Mike Brown, Cape Fear Commercial, LLC, on behalf of the Wilshire Management Group,are requesting to rezone approximately 9.93 acres of property located at 611 Middle Sound Loop Road from R-15 Residential District to Exceptional Design Zoning District. Mr. Brown would like to address the Board to request a continuance of the request. Mike Brown, Cape Fear Commercial, LLC, on behalf of the Wilshire Management Group, addressed the Board requesting a continuance of their request to rezone approximately 9.93 acres of property located at 611 Middle Sound Loop Road from R-15 Residential District to Exceptional Design Zoning District until the Board's July 12, 2010 meeting. Mr. Brown presented a brief overview of the Exceptional Design Zoning District requirements stating that a Traffic Impact Analysis was completed. He stated that they are requesting the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 837 continuance so the full board can rule on the request. Vice-Chairman Barfield suggested the request be heard at the Board's August 2, 2010 meeting as it is a night meeting and will be more convenient for citizens to attend and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield,to grant the continuance request by the Wilshire Management Group to rezone approximately 9.93 acres of property located at 611 Middle Sound Loop Road from R-15 Residential District to Exceptional Design Zoning District until the Board's August 2, 2010 meeting. Upon vote,the MOTION CARRIED 4 TO 0. PUBLIC HEARING AND AUTHORIZATION TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON TO THE 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM Sheriff Ed McMahon presented the request to submit a joint application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance grant program through the U.S. Department of Justice in the total amount of $132,779; $66,389.50 each agency. If awarded, the County's portion of the funding would be used to purchase Sheriffs Office vehicles. The Justice Assistant Grant process requires a public hearing to be held for discussion on the use of funds. No local match is required. Vice-Chairman Barfield requested a motion to open the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to open the Public Hearing to receive comments concerning the 2010 Edward Byrne Memorial Justice Assistant Grant application with the City of Wilmington. Upon vote,the MOTION CARRIED 4 to 0. Vice-Chairman Barfield opened the Public Hearing and requested comments from the audience. Hearing no comments, Vice-Chairman Barfield requested a motion to close the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to close the Public Hearing to receive comments concerning the 2010 Edward Byrne Memorial Justice Assistant Grant application with the City of Wilmington. Upon vote,the MOTION CARRIED 4 to 0. Vice-Chairman Barfield requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster,to authorize the Sheriffs Office to submit a joint 2010 Edward Byrne Memorial Justice Assistant Grant application with the City of Wilmington and authorize staff to execute the required County/City Memorandum of Understanding. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the Memorandum of Understanding is available for review in the Legal Department. PUBLIC HEARING ON THE FY 2010-2011 RECOMMENDED BUDGET Vice-Chairman Barfield opened the Public Hearing and requested County Manager Bruce Shell to make the Staff presentation. County Manager Bruce Shell presented a brief overview of the FY 2010-2011 Recommended Budget as follows: FY 2010-2011 Recommended Budget: • $3.9 million or 1.6%more than FY2009-2010 • Proposed tax rate of 46.55 cents • Tax Base: $34.2 billion • Value of a penny: $3.4 million FY 2010-2011 Budget Gap: • $11.4 million • $1.8 million New Hanover County School System additional request • Total of$13.2 million FY 2010-2011 1.3 Cents Tax Increase: • One cent for voter approved bonded debt; includes Parks in the amount of$1.7 million; Cape Fear Community College in the amount of$1.4 million, and New Hanover County School System in the amount of$0.3 million • .3 cents to partially fund the budget gap Personnel Issues: • Employees' mandatory unpaid furlough days will be reduced from ten to four days Education: • New Hanover County Schools: o $61.8 million for current operations; decrease of$0.1 million from last fiscal year o $22.7 million for debt service; increase of$0.3 million from last fiscal year • Cape Fear Community College: o $5.8 million for current operations;no change from last fiscal year 0 $5.3 million for debt service;increase of$1.4 million from last fiscal year NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 838 Capital Outlay: • No funding for Capital Outlay projects is included in the budget Outside Agency Funding: • Agencies currently receiving funding will be funded at FY 2009-2010 level to continue providing valuable services to citizens Special Fire Service District Fund: • Tax rate of 6 cents;no change from last fiscal year level • Tax base: $12.7 billion • Value of a penny: $1.3 million Environmental Management: • Negotiations are underway with a private firm for waste disposal in the county. The tipping fee of $55.65/ton is expected to remain constant in FY 2010-2011. Vice-Chairman Barfield requested a motion to open the Public Hearing to receive comments concerning the FY 2010-2011 Recommended Budget. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to open the Public Hearing to receive comments concerning the FY 2010-2011 Recommended Budget. Upon vote,the MOTION CARRIED 4 TO 0. Budget Presentation for New Hanover County School System Edward B. Higgins,Board of Education Chairman,thanked the Board for the recommended funding within $100,000 of the FY 2009-2010 amount. In actuality, the school system will see a $2.1 million reduction in services due to the increase cost of utilities, the opening of two new schools, insurance and retirement mandates, a new Assistant Principal position, maintenance contracts, and an increased contribution to Charter Schools. The cuts will result in the reduction of twenty-two positions;a combination of not filling vacant positions, consolidating positions, and the use of contractual services as opposed to hiring individuals. The Board of Education is working to maintain as many of the people as possible with no staff cuts in the classroom. This will be accomplished primarily with funding from the State and Stimulus Funds. There is great concern about what will happen next budget year when stimulus funding is no longer available and how the number of aging school buildings that require extensive renovations will be addressed. In response to Board questions, Chairman Higgins reported that lottery funds deferred by the Governor in the last third quarter has not had a negative effect on the school system as those monies have been made-up. In response to Board questions concerning spending and closing down of Blount Elementary and new schools being opened, Chairman Higgins and New Hanover County Assistant Superintendent for Planning, Technology and Operations Bill Hance reported the following: • Due to the mold problems, Wrightsboro Elementary moved into what will be Holly Shelter Middle School and the pre-K program was moved to Wrightsboro Baptist Church. • Castle Hayne Elementary is at or near capacity. • Most of the $270,000 used for moving nine trailers did not deal with moving trailers to Parsley Elementary but with moving trailers to provide facilities for New Hanover High School in an attempt to meet Title 9 requirements and provide facilities. • Parsley Elementary was over-crowded at its opening. Students that were not in the public school system came back to the public school system with the opening of the neighborhood school. • The eleven trailers that were used at Gregory Middle School during the renovation period are being relocated to other sites to deal with overcrowding issues;three are going to New Hanover High School; one to Parsley Elementary;three to Codington Elementary; and two to Bellamy Elementary. • An additional twelve trailers at the Johnston school site were leased and are being returned now that the renovations are complete. The Johnston School site is opening as a pre-K center this fall. • Blount Elementary was being utilized to house Winter Park and Forest Hills Elementary school students while their buildings were being renovated. In response to Board questions concerning the closing of Blount Elementary,Mr. Hance reported that there are no plans for utilizing Blount Elementary School for the next school year. In response to Board questions concerning the closing of the Pre-K Center on South College Road, Mr. Hance reported that the students that were housed there have been moved to the Johnston School site and future plans for the building are yet to be determined. Once redistricting occurred the building was no longer needed. The building was purchased for approximately$2 million a few years ago. Vice-Chairman Barfield voiced his concern that there are two existing buildings that are not scheduled to be used. Based on what he knows and as he understands it, if every school building was used to capacity there would be no need for any trailers. Mr. Hance responded that if the students were spread around to fill all facilities to capacity some of the mobile units could be eliminated but they would still need some mobile units. There is a goal to get rid of the older mobile units as soon as possible, over time. There is a benefit of having mobile units on hand so that unexpected growth can be accommodated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 839 Vice-Chairman Barfield voiced his concern that during visits to Rachel Freeman Elementary School he noticed that there are approximately two white children per classroom, with his daughter attending Holly Tree Elementary School, he has noticed that there are approximately two black children per classroom, and questioned why there is such a lack of racial diversity in our schools. Chairman Higgins responded that it is based on where people choose to live and that the re-districting decision was made by the Board of Education so that parents would have accessibility to their children. Vice-Chairman Barfield urged that with one-third of the County budget going to fund the public school system there needs to be complete transparency and the public needs to be informed on how their tax dollars are being spent by the Board of Education. Budget Presentation for Cape Fear Community College Dr. Eric McKeithan, President of Cape Fear Community College, expressed appreciation to the Board for their continued support highlighting that the Community College is holding their budget at the same rate as last year although the level of service has increase 8.5%with 25%more students being served than were two years ago. An enrollment increase of 9% is anticipated in the fall over the same period last year. He pledged that Cape Fear Community College will continue serving the citizens of New Hanover County to the best of its ability. Budget Requests from Non-County Agencies and Public Comments The Board received comments from the following people: • Phil Sharpe, Cape Fear Chapter of the American Red Cross, presented an overview of their program and requested the Board reconsider their funding request. • Linda A. Pearce, Elderhaus Inc, presented an overview of their program and thanked the Board for their funding allotment. • Mary Ann Lama, Domestic Violence Shelter and Services, Inc., thanked the Board for continued funding of their organization. • Linda Lytvinenko, Cape Fear Literacy Council,thanked the Board for continued funding. • Dan Ferrell, Ten Year Plan to End Chronic Homelessness,presented an overview of their program and thanked the Board for the allotted funding. • Wayne Carpenter, Wilmington Women's Soccer Association, spoke in favor to the proposed funding for the Cape Fear Soccer Association. The funding keeps other fields available for other organizations and the fields in better condition. • Jack White voiced his concern on funding not reaching the homeless and child support issues. He requested the Board not issue voter approved bonds at this time. • Trey Fulcher, Port City Soccer Club, voiced his concern of$90,000 in County funding going to the Cape Fear Soccer Association stating that this is a bailout of a private organization. The agreement was for a certain period of time and that funding would end after the completion of the agreement. No other sports organization has received County funds. He suggested the funds be used to upgrade the school fields and that Cape Fear Soccer Association should have to rely on volunteers to maintain their facility and fields as the other organizations do. • Amy Feath, Coastal Horizons/Crisis Line/Open House and Rape Crisis Center,thanked the Board for support in the amount of$26,811 and$8,937 respectively. In response to Board questions concerning funding for the Cape Fear Soccer Association, County Manager Bruce Shell and Parks and Gardens Director Jim McDaniel clarified that the funding budgeted is not going to the organization but is earmarked for field maintenance using county equipment and employees. By keeping the seven Cape Fear Soccer Association fields in shape, other fields around the County are available for use by the other organizations. Vice-Chairman Barfield requested a motion to close the Public Hearing to receive comments concerning the FY 2010-2011 Recommended Budget. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to close the Public Hearing to receive comments concerning the FY 2010-2011 Recommended Budget. Upon vote,the MOTION CARRIED 4 TO 0. BREAK Vice-Chairman Barfield called for a break from 7:32 p.m.until 7:47 p.m. APPROVAL OF NEW HANOVER COUNTY BOARD OF EDUCATION'S REQUEST TO APPLY FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS FOR CRITICAL FACILITY NEEDS PROJECTS New Hanover County Assistant Superintendent for Planning, Technology and Operations Bill Hance presented the Board of Education's request that the County Commissioners approve their application for American Recovery and Reinvestment Act of 2009 funds. The State Board of Education, through the Department of Public Education, has allocated$4,927,315 to New Hanover County Schools for the Qualified School Construction Bonds Program. The Board of Education, at their May 4, 2010 meeting, approved applying for $4,925,744 of the allocated amount. The funding is a low or no interest loan and the outstanding debt will be the responsibility of New Hanover County. The application requests funding for the following projects: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 840 • Bradley Creek Elementary School roof replacement in the amount of$1,005,779 • Mosley Performance Learning Center roof replacement in the amount of$506,689 • Virgo Middle School roof replacement in the amount of$712,105 • Wrightsboro Elementary School renovations in the amount of $1,669,727 • Trask Middle School renovations in the amount of$485,562 • Williston Middle School renovations in the amount of$364,533 • Roland-Grise Middle School renovations in the amount of$181,349 The Board of Education is requesting the Commissioners approve the Qualified School Construction Bond Applications and authorize the Vice-Chairman to sign the necessary documents related to the application. In response to Board questions, Budget Director Cam Griffin reported that the loan will be for a term of seventeen years. It is a low interest loan at .42% interest with an anticipated payment of$300,000 annually for principal and interest. In response to Board questions, Mr. Hance acknowledge his understanding that the annual cost of the loan will be included in the School's funding allocation. In response to Board questions, Mr. Hance reported that the cost of a new elementary school building is between$17 and$20 million. After brief discussion,Vice-Chairman Barfield requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to authorize the New Hanover County Board of Education to submit the Qualified School Construction Bond Applications as presented and authorize the Vice-Chairman to sign the necessary documents related to the application. Upon vote, the MOTION CARRIED 4 TO 0. Copies of the Qualified School Construction Bond applications are available for review in the Budget Department. WILMINGTON REGIONAL FILM COMMISSION PRESENTATION Wilmington Regional Film Commission Board of Directors Chairman James Smith and Johnny Griffin, Director,presented the following update: • The Wilmington Regional Film Commission began in 1993 as a division of the Greater Wilmington Chamber of Commerce. • In 1999 the Commission became a private corporation responsible for promoting an eleven county region to the film,television,and commercial industry. • The Commission operates with funding contracts from the City of Wilmington, the county, private funding,and an occasional grant from the State. • Hundreds of productions have been recruited to the region and have spent approximately $1.9 billion in the local economy. • The Commission is competing with over 350 other film commissions around the world to recruit business. • In recent years the Commission has experienced a decrease in production activity as production companies have continued to locate in states which offer the greatest film incentive programs. • In January 2010, the State implemented a new 25% incentive drastically increasing the interest in North Carolina. • Governor Perdue is currently working to improve the incentive in response to meetings she recently held with various production companies. • There are several pending projects and projects considering Wilmington; One Tree Hill has announced their return in June for taping of at least thirteen more episodes. • Competitive states with incentives: Georgia — 30%; Louisiana — 30-35%; Massachusetts — 25%, Michigan—42%,and New Mexico—25%. In closing,Mr. Smith thanked the Board for their on-going support. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT MODIFICATION REQUEST BY DONALD CURRY,JR.,FOR AUTUMN CORPORATION TO MODIFY THE SITE PLAN TO ADD 17,41111 SQUARE FEET TO THE EXISTING BUILDING AND 47 PARKING SPACES AT AUTUMN CARE OF MYRTLE GROVE LOCATED AT 5725 CAROLINA BEACH ROAD (5-409M,4/10) Vice-Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing, therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris O'Keefe Donald Curry, Jr. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 841 Planning and Zoning Manager Jane Daughtridge presented the request by Donald Curry, Jr., on behalf of Autumn Corporation to modify the site plan to add 17,400 square feet to the existing building and add 47 new parking spaces and presented a slide overview of the request. Planning and Inspections Director Chris O'Keefe read the findings of facts into the record and reported that the Autumn Corporation originally requested a special use permit in 1997, to construct a 110 bed nursing and personal care facility. The corporation is now proposing to expand the facility square footage by converting 14 semi-private rooms to private,add a physical therapy room,and 47 additional parking spaces. At its May 6,2010 meeting the Planning Board voted 6-0 to recommend approval of the modification to the existing special use permit to allow for a 17,400 square foot addition to the existing facility and the addition of 47 new parking spaces as presented. Staff recommends approval. Vice-Chairman Barfield asked if anyone from the public wished to speak in favor of the request. Donald Curry, Jr., on behalf of Autumn Corporation, confirmed that he agrees with the findings of facts as presented and spoke on their commitment to the care of New Hanover County citizens. Vice-Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. There being no comments,Vice-Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve the request by Donald Curry, Jr., on behalf of Autumn Corporation, to modify the site plan to add 17,400 square feet to the existing building and 47 parking spaces at Autumn Care of Myrtle Grove located at 5725 Carolina Beach Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3)the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 34.1. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY CARLOS LAGOMARSINO TO ESTABLISH NON-RESIDENTIAL OFF-STREET PARKING IN AN R-15 RESIDENTIAL ZONING DISTRICT LOCATED AT 4813 CAROLINA BEACH ROAD (S-601,5/10) Vice-Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing, therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris O'Keefe Carlos Lagomarsino Cindee Wolf Planning and Zoning Manager Jane Daughtridge presented the request by Carlos Lagomarsino for a Special Use Permit to establish non-residential off-street parking in an R-15 Residential Zoning District located at 4813 Carolina Beach Road and presented a slide overview of the request. Planning and Inspections Director Chris O'Keefe read the findings of facts into the record and reported that at its May 6, 2010 meeting, the Planning Board voted 6-0 to recommend approval of the request to create a non- residential off-street parking area in a R-15 Residential Zoning District with 120 parking spaces based on the information presented with the condition that the applicant provide the County Commissioners adequate documentation that the access easement issue has been clarified. No one spoke in opposition to the request. Staff recommends approval. Vice-Chairman Barfield asked if anyone from the public wished to speak in favor of the request. In response to Board questions, the Petitioner, Carlos Lagomarsino, confirmed his agreement with the findings of facts as presented. He is the owner of the property and the expansion of parking spaces is needed to comply with zoning requirements and to support his business. He stated that to date they have received approximately 80%of the required signatures supporting the access easement and does not anticipate any problem obtaining the additional signatures. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 842 Cindee Wolfe, Withers and Ravenel, on behalf of Carlos Lagomarsino, presented an overview of the request stating that it has been in operation for three years and they currently employ 120 people. The expansion will include hiring up to forty additional employees which will generate the need for vehicle parking beyond the current requirement. All buffering will follow the regulations and surfaces will be a porous material. Vice-Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. There being no comments,Vice-Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Carlos Lagomarsino for a Special Use Permit to establish non-residential off-street parking in an R-15 Residential Zoning District located at 4813 Carolina Beach Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3)the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4)the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition that the right-away agreement be signed and recorded by all the appropriate parties within thirty days of approval. Commissioner Greer stated that he was concerned that thirty days would not be enough time for the Petitioner to comply with the condition of having the agreement signed and recorded. Amended Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Carlos Lagomarsino for a Special Use Permit to establish non-residential off-street parking in an R-15 Residential Zoning District located at 4813 Carolina Beach Road based on the evidence presented and the findings of facts concluding that: 1)the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3)the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4)the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition that the right-away agreement be signed and recorded by all the appropriate parties within forty-five days of approval. Upon vote,the MOTION CARRIED 4 to 0. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 34.2. NON-AGENDA ITEMS Vice-Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. Paul Wetzig commented that he would like for the Board to use New Hanover County citizens to assist in an unofficial audit of County Departments to determine areas available for cuts and reductions and make recommendations to the County Manager for his review. ADDITIONAL AGENDA ITEM OF BUSINESS SOLID WASTE MANAGEMENT CONTRACT NEGOTIATIONS Commissioner Greer stated that due to the issues that have arisen on the questionable background of one R3 employee, as well as the information concerning a similar facility located in Crisp County, Georgia that did not stay in operation for a year,he suggested that negotiations be stalled until all of the issues could be ironed out. Commissioner Caster stated that he is willing to continue moving forward with the negotiation process but stressed that a hard look needs to be taken and the all bases need to be covered. Vice-Chairman Barfield cautioned staff to take a hard look at the allegations stating that Waste Industries serves as the back-up but that he would like to continue with the negotiations to see where it goes. At least the Board will be more informed of what will and will not work. ADJOURNMENT NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JUNE 7,2010 PAGE 843 There being no further business,Vice-Chairman Barfield adjourned the meeting at 8:50 p.m. Respectfully submitted, Sheila.L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.