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2010-10-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 55 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 4, 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: Chairman Jason R. Thompson; 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 Thompson called the meeting to order and welcomed everyone present. On behalf of the Board, Chairman Thompson offered condolences to Commissioner Davis and his family on the passing of his father,R. Theodore Davis. INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Chairman Barfield gave the invocation and led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on September 16,2010 Regular Session meeting held on September 20, 2010 Work Session meeting held on September 20, 2010 Approval of Library Advisory Board By-Law Changes—Library The Commissioners approved minor changes to the "purpose" and "order of business" of the Library Advisory Board By-Laws as requested by the Library Advisory Board. Approval of New Hanover County Board of Education Capital Outlay Budget Amendment #1 — Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Capital Outlay Fund Budget Amendment#1. The budget amendment carries over FY 2009-2010 funds to FY 2010-2011. A copy of the budget amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-063 -Health 2011-14- Sheriffs Office 2011-16- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 20.1. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2010 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Andrea Stough, Advocate and Outreach Coordinator with Domestic Violence Shelter and Services, submitted the request for the Board's consideration to proclaim October 2010 as Domestic Violence Awareness Month in New Hanover County and was present to receive the proclamation. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing October 2010 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 56 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 20.2. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 3 — 9, 2010 AS FIRE PREVENTION WEEK IN NEW HANOVER COUNTY Fire Chief Donnie Hall submitted the request for the Board's consideration to proclaim October 3-9, 2010 as Fire Prevention Week in New Hanover County and was present to receive the proclamation. This year's theme is "Smoke Alarms: A Sound You Can Live With." Commissioner Greer read the proclamation into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to adopt the proclamation recognizing October 3-9, 2010 as Fire Prevention Week 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 XXXIII,Page 20.3. APPROVAL OF REQUEST FOR CHAIRMAN THOMPSON TO BE RECUSED FROM REGULAR AGENDA ITEMS 7 AND 8 Chairman Thompson requested that he be recused from voting on Regular Agenda Item 7—Consideration of Resolution Supporting the Amendment of the Transportation Corridor Official Map for Military Cutoff Extension and Regular Agenda Item 8 — Consideration of Resolution Supporting the Preservation of Right-Of-Way for the Proposed Northern Alignment of the Cape Fear Skyway due to having a business and financial interest that could be considered a conflict with these two items. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield,to recuse Chairman Thompson from voting on Regular Agenda Items 7 and 8 due to a potential financial conflict. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF RESOLUTION SUPPORTING THE AMENDMENT OF THE TRANSPORTATION CORRIDOR OFFICIAL MAP FOR MILITARY CUTOFF EXTENSION WITH THE PROVISION ADDED THAT THE EXTENSION WILL NOT DISSECT THE OGDEN PARK PROPERTY Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky presented the resolution for the Board's consideration to support the amendment of the Transportation Corridor Official Map for Military Cutoff Extension. The resolution supports the preservation of additional right-of-way for the proposed interchange at Military Cutoff Road and Market Street and directs staff to follow the necessary procedures as outlined in North Carolina General Statute 136-44.50 to amend the Transportation Corridor Official Map for Military Cutoff Road extension. In response to Board questions, Mr. Kozlosky reported that this request is a follow-up to, moves forward, and is consistent with,the Board's action that was taken at their meeting on July 12, 2010 to deny a rezoning request due to the desire to protect the corridor for this extension. This is the preferred design of the extension. The resolution supports moving forward with the process which will include public hearings. The Board held a discussion voicing concern that they would like to support the extension if it does not dissect Ogden Park and the necessity for the extension to"bridge" over the park so residents will continue to access the fields without exiting the park. The extension will need to be elevated over the Ogden Park property. Vice-Chairman Barfield requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution supporting the amendment of the Transportation Corridor Official Map for Military Cutoff Extension with the amended wording added that the extension is not to dissect Ogden Park. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 20.4. ADOPTION OF RESOLUTION SUPPORTING THE PRESERVATION OF RIGHT-OF-WAY FOR THE PROPOSED NORTHERN ALIGNMENT OF THE CAPE FEAR SKYWAY Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky presented the resolution for the Board's consideration to support the preservation of right-of-way for the proposed northern alignment of the Cape Fear Skyway and direct staff to work with the City of Wilmington and Wilmington Urban Area Metropolitan Planning Organization to follow the necessary procedures as outlined in North Carolina General Statute 136-44.50 to file a Transportation Corridor Official Map for the Cape Fear Skyway's potential northern alignment. Commissioner Caster raised concern that the proposed northern alignment of the Cape Fear Skyway goes over and through the National Gypsum plant and property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 57 In response to Board questions, Mr. Kozlosky reported that in August 2010, the Transportation Advisory Committee voted to recommend preservation of the northern alignment and to encourage New Hanover County, Brunswick County, City of Wilmington, and Town of Leland to file this official map. The alignment of the New Hanover County portion has not changed significantly from the feasibility study that was conducted in 2003. Property owners will be compensated fair market value for property deemed necessary by the North Carolina Department of Transportation. National Gypsum officials will need to address the Turnpike Authority with their concerns. Public hearings are a requirement of the right-of-way acquisition process. Vice-Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Davis, to adopt the resolution supporting the preservation of right-of-way for the proposed northern alignment of the Cape Fear Skyway and direct staff to work with the City of Wilmington and Wilmington Urban Area Metropolitan Planning Organization to follow the necessary procedures as outlined in North Carolina General Statute 136-44.50 to file a Transportation Corridor Official Map for the Cape Fear Skyway's potential northern alignment. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Greer voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 20.5. ADOPTION OF RESOLUTION AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT FOR NEW HANOVER COUNTY SCHOOL SYSTEM Finance Director Avril Pinder presented the request for the Board's consideration to adopt the resolution authorizing the negotiation of an installment financing contract for New Hanover County School System. The facilities will be financed through an installment financing contract with Bank of America, obligating the County to repay in installments the amount financed at a fixed annual interest rate of not more than 6.00%over a term not exceeding 15 years, resulting in a total amount financed not to exceed $4,925,744. The County will be refunded the amount of the interest paid. Wrightsboro Elementary School will be held by the County as collateral with the deed conveyed to the County and then leased back to the school system. The principle payment will be in the approximate amount of $328,000 per year, for fifteen years. The County's ad valorem tax rate will not significantly increase to sustain the proposed financing. In response to Board questions, Ms. Pinder reported that Bank of America was the only bank that guaranteed that the interest rate paid will be the amount refunded by the IRS. Chairman Thompson reported that before the Board is a resolution authorizing staff to negotiate an installment financing contract, and directing the publication of a notice for public hearing to provide financing for capital improvements and renovations to Bradley Creek Elementary School, Mosley Performance Learning Center, D.C. Virgo Middle School, Wrightsboro Elementary School, Emma B. Trask Middle School, Williston Middle School and Roland-Grise Middle School totaling$4,925,744. The proposed installment financing contract with Bank of America,NA, has a fixed annual interest rate of not more than 6.00%for a term not exceeding fifteen years. The financing contract will be secured by a Deed of Trust on the Wrightsboro Elementary School site. The Board has determined that the County must renovate and/or equip the School Facilities, and that the School Facilities will benefit the County and its residents. The Board has further determined that installment contract financing is the most viable and efficient method and that the cost of such financing is reasonable. The Board estimates that the County's ad valorem tax rate will not be significantly increased in order to sustain the proposed financing. A public hearing must be held to receive public comment on: a) the County acquiring the fee or lesser interest in the real and personal property in a portion of the School Facilities for use by the Board of Education for school purposes, and b)the installment financing contract. It is the Board's intention to adopt this Resolution for the purpose of authorizing the renovation and/or equipping of the School Facilities, approving the submission of an application for approval of the Contract to the Local Government Commission and authorizing such other acts deemed necessary and advisable to carry out the renovation and/or equipping of the School Facilities. Chairman Thompson requested a motion to adopt the resolution authorizing the Chairman of the Board,the County Manager, the Finance Director and the Clerk to the Board to proceed with the preparation of the Contract providing for the financing of an amount not to exceed $4,925,744, at an annual interest rate not to exceed 6.00% and a term not to exceed 15 years and otherwise proceed with the plan of financing. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster,to adopt the resolution authorizing the Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board to proceed with the preparation of the Contract providing for the financing of an amount not to exceed $4,925,744, at an annual interest rate not to exceed 6.00% and a term not to exceed 15 years and otherwise proceed with the plan of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 58 financing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson continued reporting that the resolution shall become effective immediately upon its adoption and shall supersede all previous resolutions regarding the renovation and/or equipping of the School Facilities on an installment-financing basis. The Board shall conduct a public hearing on October 18, 2010 at 9:00 a.m. at the Historic Courthouse concerning the Contract, Deed of Trust, the proposed renovations and equipping of the School Facilities and the acquisition of the Wrightsboro School site for the use by the New Hanover County Board of Education. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 20.6. RATIFICATION OF SERVICE AGREEMENT WITH R3 ENVIRONMENTAL,LLC County Manager Bruce Shell presented the request for the Board's consideration to ratify the service agreement for management of the County's solid waste with R3 Environmental, LLC. R3 had until September 30, 2010 to sign the agreement,which they have done. In response to Board questions, outside legal counsel for New Hanover County Rick Sapir confirmed that there are no material changes to the final documents. The only changes have been for clean-up of the documents and edits for consistency between the appendices and the body of the contract. In response to questions concerning a letter from the State stating that the permits for mining may not be doable within ninety days, R3 Environmental, LLC. President and CEO Robin Grathwol stated that staff has a meeting with the State tomorrow to address those issues. Environmental Management Director John Hubbard stated that the letter from the State was not specific to mining but to the operations of the facilities and that the permit for mining is not a requirement within ninety days. In response to further discussion, Ms. Grathwold confirmed that she is comfortable with the process and does not foresee any problems with obtaining the required permits within the stated time frame. Hearing no further comments, Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to ratify the service agreement for management of the County's solid waste with R3 Environmental, LLC. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. A copy of the contract is available for review in the Legal Department. WITHDRAWAL OF REGULAR AGENDA ITEM 11 Chairman Thompson announced that Agenda Item 11 has been withdrawn — Consideration of a Contract with UNCW for Provision of Police Dispatch and Emergency Communications Services. BREAK Chairman Thompson called for a break from 7:05 p.m.until 7:15 pm. PUBLIC HEARING AND APPROVAL OF REQUEST BY TRIPP ENGINEERING FIRM, ON BEHALF OF RONALD HUGHES, TO REZONE .31 ACRE OF PROPERTY LOCATED AT 110 HORNE PLACE DRIVE FROM R-20 RESIDENTIAL DISTRICT TO O&I DISTRICT Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Chairman Thompson advised the Petitioner that if the petition is denied it cannot be brought back before the Board for a period of one year. Zoning and Planning Manager Jane Daughtridge presented the request by Tripp Engineering Firm, on behalf of Ronald Hughes, to rezone .31 acre of property located at 110 Horne Place Drive from R-20 Residential District to O&I District and presented a slide overview of the request. The subject property is currently zoned R-20 low density residential. Zoning to the north of the subject property is zoned O&I and additional commercial zoning is present south of the site along Castle Hayne Road. Mr. Hughes owns the adjacent property, 2623 and 2625 Castle Hayne Road, which are currently zoned O&I. The request will expand his current zoning. The Planning Board, at its September 2, 2010 meeting, voted 6-0 to recommend approval of the O&I District rezoning. No one from the public spoke on this item. Staff feels the request is consistent with the 2006 CAMA Land Use Plan and recommends approval. Chairman Thompson requested the Petitioner to make their presentation. Phil Tripp, on behalf of Ronald Hughes, presented an overview of the request stating that the petitioner is requesting to rezone the property to O&I to match the current zoning of the adjacent property,which he also owns. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 59 Chairman Thompson reported that no one signed up to speak in favor of the request or in opposition to the request. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to approve the request by Tripp Engineering Firm, on behalf of Ronald Hughes, to rezone .31 acre of property located at 110 Horne Place Drive from R-20 Residential District to O&I District finding that the request is: 1)consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to adequate provision of space for each variety of uses; and 2) reasonable and in the public interest to rezone 0.31 acre of property located at 110 Horne Place Drive from R-20 Residential to Office & Institutional Zoning District to provide greater depth to an adjacent O&I District. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of an ordinance of the County of New Hanover amending the zoning map of area 10A of New Hanover County, North Carolina, adopted on July 1, 1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A,Page 32. PUBLIC HEARING AND CONTINUATION OF REQUEST BY THOMAS NUZIO, ON BEHALF OF RIVER BLUFFS DEVELOPMENT CORPORATION, TO MODIFY THE MASTER PLAN FOR AN EXISTING PLANNED DEVELOPMENT BY REZONING 92.9 ACRES LOCATED AT THE WEST END OF CHAIR ROAD FROM R-20 RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT FOR A CONTINUING CARE RETIREMENT COMMUNITY Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Chairman Thompson advised the Petitioner that if the petition is denied it cannot be brought back before the Board for a period of one year. Zoning and Planning Manager Jane Daughtridge presented the request by Thomas Nuzio, on behalf of River Bluffs Development Corporation,to modify the master plan for an existing Planned Development by rezoning 92.9 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 a slide overview of the request. The applicant wishes to amend the original master plan and add approximately 92 acres to the overall master plan,but two of those parcels (Tracts C and E) are already in the presently approved PD, so the additional acreage illustrated on the Master Plan would be approximately 74 acres. Also, in calculations the Petitioner only took out 1.5 acres of land for commercial use before calculating residential density. The ordinance requires that commercial, industrial and Office & Institutional land must be deleted before calculating density. When nursing home facility was moved to Parcel D and labeled as Medical/Nursing use, 20 acres of O&I were created but were not deleted from the residential acreage, so the 229 additional units they calculated in the Site Data table was based on incorrect acreage. The property is accessed from Chair Road, a two lane local street which intersects with Castle Hayne Road, about one mile to the east. Neither traffic counts nor levels of service are available for Chair Road;however, service along Castle Hayne Road in this vicinity was shown at Level of Service"F" in 2007, meaning traffic counts exceed the capacity of the roadway by a multiplier of two or more. Traffic counts along Castle Hayne Road increased from 13,927 in 2009 to 14,654 in 2010. At this time, a letter from the Metropolitan Planning Organization and Department of Transportation has not been received that concurs with the recommendations of the Traffic Impact Analysis. Staff recommends continuing the items until the traffic experts have completed their review and approval, as well as the errors that have been discovered in the calculations concerning acreage and units that were submitted by the Petitioner. In response to Board questions, Planning Board Chairman Richard Collier confirmed that at the Planning Board's September 2, 2010 meeting they voted 6 to 0 to recommend approval of the PD rezoning with the presumption that the letter of approval would be provided prior to the Commissioners' meeting with the following conditions: • The collector street that provides interconnectivity between Chair Road and Rockhill Road must remain unobstructed by gates and the road would remain open to unencumbered public use. • Required improvements outlined in the approved Traffic Impact Analysis must be installed prior to issuance of any certificate of occupancy within the Planned Development. In response to Board questions, Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky stated that staff has not had time to review the amended proposed plan. In response to Board questions, the Petitioner, Burrows Smith, stated initially it was not their intent to gate the community but he would like to keep the option open. When the petition was before the Board in December 2009 to close a portion of Chair Road, the petition was approved with the condition that Chair Road be connected, directly or indirectly, to Rockhill Road. If he does gate the community, he will provide a second entrance onto Rockhill Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 60 Chairman Thompson requested the Petitioner to make their presentation. Michael Cole, on behalf of River Bluffs Development Corporation, confirmed that they would like to proceed with consideration of the rezoning request and provided a slide overview of the project. They would like to have the option to gate the community following market demands and the project will provide a mixture of housing needs. The proposed rezoning will allow an additional 54 units more current allowed by the existing R-20 zoning which is less than an additional 0.6 unit per acre. Public water and sewer will be provided and is vital to the underserved Castle Hayne community. Chair Road and Rockhill Road have future capacity even with full development build-out;left and right and turn lanes exist on Castle Hayne Road at Chair Road and two access points will be provided which will reduce the impact of any one intersection. Receipt of the Department of Transportation approval letter should not hold up approval of the project since it is not required in the ordinance. They have had a great meeting with the neighborhood;neighborhood did not oppose the request at the Planning Board meeting. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. Stephen Rhodes stated that he resides on Chair Road and has never discussed the proposed project with the petitioners as they stated. The proposed nursing home facility wraps around his residence and the increase in traffic will increase have a negative impact on the area. Frank Rivenbark stated that he resides on Chair Road across from the proposed nursing home facility and voiced his concern that the project will increase traffic. He requested the Board not allow the community to be gated to keep access open for the public to enjoy. James Yopp, Rockford Partners, stated that they do not oppose the rezoning but voiced concern on the location of the connection with their subdivision, Sunset Reach. Chairman Thompson asked for rebuttal comments. In addressing Mr. Rhodes concerns, Mr. Cole stated there will be significant buffers between Mr. Rhodes home and the nursing home facility and that they will be a very good neighbor with minimal traffic impact. He requested the Board not wait on the formal Department of Transportation letter and that they would work with staff to address any concerns. In rebuttal comments, Mr. Smith stated that the project is time sensitive with units increasing from 1.9 to 2.5 with a traffic impact of only 40 to 50 additional cars at full build-out. He stated that the water and sewer improvements costs will be borne by the developer and benefit the entire community. He urged the Board to approve the request and not delay their decision while waiting for the letter from the Department of Transportation. In rebuttal comments, Mr. Rhodes voiced his concern that the nursing home facility will only be 20 feet from his property line and will have a negative impact on traffic. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. In response to Board questions, Planning Director Chris O'Keefe stated that the Sunset Reach interconnectivity issue can be worked out and does not impact the proposed project. In response to Board questions,Planning Director O'Keefe confirmed that water and sewer is already a part of the requirement of the current zoning and that the Petitioner cannot develop the current project without providing the water and sewer infrastructure. Planning and Zoning Manager Daughtridge advised the Board that with the errors in the calculations staff cannot accurately confirm to the Board how many acres they would be rezoning. The Master Plan needs to be corrected. Commissioner Davis added his concern that the letter from the Department of Transportation has not been received and is a missing piece of information and that the Petitioner would have been wise to request a continuance until all the issues had been addressed. Hearing no further questions, Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to continue consideration of the request by Thomas Nuzio, on behalf of River Bluffs Development Corporation, to modify the master plan for an existing Planned Development by rezoning 92.9 acres of property located at the west end of Chair Road from R-20 Residential to PD Planned Development District until the Board's November 15, 2010 meeting to allow time for the traffic review to be completed and the recommendation to be received and for the errors that have been discovered in the calculations concerning acreage and units to be corrected. Upon vote, the MOTION CARRIED 3 to 2. Commissioners Davis and Greer voted in opposition. APPROVAL TO ALLOW PENDER COUNTY TO PURCHASE PROPERTY LOCATED ALONG US HIGHWAY 421 WITHIN THE NEW HANOVER COUNTY BOUNDARY County Manager Bruce Shell presented the request for the Board's consideration to allow Pender County to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 61 purchase property along US Highway 421,which is within the New Hanover County Boundary. The Pender County Board of Commissioners has negotiated with BASF company officials to purchase approximately 420 acres along US 421 to expand the Pender Commerce Park; of the total acres being negotiated, approximately 64 acres are within New Hanover County. Pender County has submitted an application to the North Carolina Brownsfield Program covering approximately 177 acres, which includes the 64 acres in New Hanover County, to determine eligibility for Brownsfield designation. Brownsfield designation would provide considerable benefit to the marketing and redevelopment of this property, including but not limited to liability protection, access to redevelopment capital for the site, property re-use, tax benefits for redevelopment, and others. When approved, Pender County intends to pursue designation in partnership with the Program. The property will be surveyed to determine the exact acreage upon execution of a purchase agreement with the company with the anticipation of approval by the Pender Board on October 4,2010. North Carolina General Statute 153A-15 requires that Pender County must have consent from the New Hanover County Board of Commissioners to acquire the 64+/-acres that are within New Hanover County. Staff recommends approval of the request with a 24-month right-to-purchase from Pender County at its cost of purchase from BASF. Pender County Board of Commissioners Chairman Jimmy Tate thanked the commission for coming to this agreement with them and that he believes it will be a great investment for economic development for the whole region and a long-term partnership opportunity between the counties to develop the 421 corridor. In response to Board questions, Trey Thurman, Attorney for the Pender County Board of Commissioners, acknowledged New Hanover County's 24-month right to purchase the property from Pender County at its cost of purchase from BASF. The purchase price is in the approximate amount of$1.8 million and the title of the property will be in Pender County's name. In response to Board questions, County Manager Shell confirmed that with approval of the purchase,New Hanover County will lose the tax revenues currently paid by BASF for the approximately 67 acres and future taxes will be paid to Pender County. Hearing no further comments, Chairman Thompson requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to approve the request by the Pender County Board of Commissioners to allow the purchase of 64+/- acres of property within New Hanover County located on US 421 with the condition that New Hanover County retains a 24-month right-to-purchase from Pender County, at its cost of purchase from BASF. Upon vote,the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Thompson announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. Gloria Garton,DisAbility Resource Center representative,thanked the Board for their support and reported that they have received a five-year Federal grant with total funding in the amount of$197,500. ADDITIONAL AGENDA ITEM OF BUSINESS ADOPTION OF PROCLAMATION SUPPORTING THE CAPE FEAR REGIONAL HEALTH SUMMIT: ADDRESSING CHILDREN'S OBESITY AND HEALTH ISSUES Vice-Chairman Barfield presented for the Board's consideration,the proclamation supporting the Cape Fear Regional Health Summit: Addressing Children's Obesity and Health Issues. The Cape Fear Health Policy Council, Smart Start of NEC and the University of North Carolina Wilmington, working with many other community partners, are hosting the Cape Fear Region Health Summit: Addressing Children's Obesity and Health issues. The focus of this initiative is to bring attention to the problem of childhood obesity and health issues through community collaboration. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation supporting the Cape Fear Regional Health Summit: Addressing Children's Obesity and Health Issues. 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 VIII,Page 20.7. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 4,2010 PAGE 62 ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 8:47 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 and on www.nhcgov.com/NHCLive or www.nhcgov.com/pgges.BOC/aspy