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2010-11-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 74 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 15, 2010, at 2:00 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. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Michael G. Queen,First Baptist Church,gave the invocation. Commissioner Greer led the audience in the Pledge of Allegiance to the Flag. ANNOUNCEMENT OF AGENDA ITEMS WITHDRAWN OR POSTPONED Chairman Thompson announced the following agenda items had been withdrawn and/or postponed: • Consent Agenda Item 6 - Approval of Revisions to New Hanover Countv Code, Animal Control Services,Chapter Five: Animals has been withdrawn from the agenda for further review. • Regular Agenda Item 23 — Public Hearing and Rezoning Request by Isabella Holding Companv to Rezone 11.41 Acres of Property Located at 799 Rivage Promenade from R-10 and R-1-5 Residential District to B-2 has been withdrawn by the Petitioner. • Regular Agenda Item 26 — Public Hearing and Consideration of Subdivision Text Amendment has been postponed until the Board's December 6,2010 meeting. • Regular Agenda Item 27 — Public Hearing and Consideration of Zoning Text Amendment has been postponed until the Board's December 6,2010 meeting. APPROVAL OF CONSENT AGENDA Chairman Thompson requested a motion to approve the remaining items on the Consent Agenda as presented. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, 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 Regular Session meeting held on October 18, 2010 as presented by the Clerk to the Board. Approval of Letter of Support for Smart Start of New Hanover County's Application to the North Carolina Child Care Resource and Referral Council, Division of Child Development, to Offer Comprehensive Child Care Resource and Referral Services—County Manager The Commissioners approved sending a letter of support for Smart Start of New Hanover County's application to the North Carolina Child Care Resource and Referral Council,Division of Child Development for the authority to offer comprehensive child care resource services. Acknowledgement of Michael Rhoton Settlement—Legal Department The Commissioners acknowledged that the Michael Rhoton versus New Hanover County Sheriff lawsuit was resolved by a payment in the amount of$200,000 by the County's insurance company to Michael Rhoton. A copy of the settlement agreement is available for review in the Legal Department. Ratification of Contract with UNC-W Police Department for Provision of Dispatch and Emergency Communication Functions and Adoption of Budget Ordinance Amendment 11-070 — Emergency Management The Commissioners ratified the three-year contract between UNC-W Police Department and New Hanover County's Public Safety Communications Center for provision of 24-hour dispatch and emergency communications services and adopted Budget Ordinance Amendment 11-070. Payment to New Hanover County will be based on current wages for three full-time entry-level telecommunicators. Future contract increases will be tied directly to the merit,market,and/or benefit increases to the personnel providing the contracted service. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 22.1. A copy of the contract is available for review in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 15,2010 PAGE 75 Approval of Capital Project Ordinance for Qualified School Construction Bonds and Adoption of Budget Ordinance Amendment 2011-21—Finance Department The Commissioners approved the Capital Project Ordinance for Qualified School Construction Bonds in the amount of$4,925,744 and adopted Budget Ordinance Amendment 2011-21. The funds will be used to finance the critical facility needs projects that have been identified by the New Hanover County Board of Education. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 22.2. Approval of Personnel Policy Revisions—Human Resources The Commissioners approved the following revisions to the Personnel Policy: • Article 2: The Position Classification Plan—Section 2.3 -Reclassified to Higher/Lower Pay Grade • Article 3: The Pay Plan—Section 3.8-Establishing Pay Rates • Article 3: The Pay Plan — Section 3.8.5 - Establishing Pay Rates Involuntarily And Voluntary Demotions • Article 5: Separation,Reemployment—Section 5.1.3 -Reduction-in-Force(RIF) • Article 6: Conditions of Employment—Section 6.2.3 - Social Media Policy • Article 7: Leave Policies—Section 7.1.4-Holiday Leave-Effect of Other Paid Leave • Article 8: Performance,Discipline—Section 8.2.2-Failure in Performance of Duties • Article 9: Appeals and Grievances—Section 9.2.1-Grievance Policy • Article 11: Personnel Records and Reports—Section 11.1 -Access to Personnel Records A copy of the New Hanover County Personnel Policy is available for review on the Human Resource Department website. Acceptance of Funding from the Department of Health and Human Services for the Growing Readers and Raising a Reader Programs and Adoption of Budget Ordinance Amendment 11-058—Library The Commissioners accepted additional funding on behalf of the Library from the Department of Health and Human Services and adopted Budget Ordinance Amendment 11-058. The funds will be used for the Growing Readers and Raising a Reader programs to change three existing temporary positions to one full-time regular position and two part-time regular positions, including materials. No local match is required and the positions will be eliminated when the grant funding ends. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 22.3. Approval of Museum Deaccessions-Cape Fear Museum The Commissioners approved the deaccession list of items from the Museum's permanent collection as recommended by the Curator,Director, Collections Committee, and Museum Advisory Board. A copy of the deacession list is available for review at the Cape Fear Museum. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 11-085 -Parks, Gardens& Senior Resource Center/Planning&Inspections 11-092-Health 11-098-Health 11-105 -Health 11-103 - Social Services 11-095 - Sheriffs Office 11-102- Sheriffs Office 2011-22- Sheriffs Office 2011-23 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 22.4. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION RECOGNIZING THE 235TH BIRTHDAY OF THE UNITED STATES MARINE CORPS Chairman Thompson presented the request for the Board to adopt the resolution recognizing the 235th birthday of the United States Marine Corps. Chairman Thompson read the resolution into the record and requested a motion for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 15,2010 PAGE 76 Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution recognizing the 235th birthday of the United States Marine Corps. 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 XXXIII,Page 22.5. VIDEO TRIBUTE TO COMMISSIONERS CASTER AND GREER A video tribute to Commissioners Caster and Greer honoring their service to New Hanover County was presented. Commissioners Caster and Greer will be retiring from the New Hanover County Board of Commissioners on December 6,2010. ADOPTION OF RESOLUTION RECOGNIZING BRENDA TUCKER FOR HER YEARS OF SERVICE AS THE NEW HANOVER COUNTY CLERK OF SUPERIOR COURT Commissioner Davis presented a resolution for the Board's consideration recognizing Brenda Tucker for her twenty years of service as the New Hanover County Clerk of Superior Court and read the resolution into the record and moved for adoption. Ms. Tucker was in attendance to receive the resolution. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Greer,to adopt the resolution recognizing Brenda Tucker for her years of service as the New Hanover County Clerk of Superior Court. 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 XXXIII,Page 22.6. RECOGNITION OF MUSEUM REACCREDITATION AND AWARD OF EXCELLENCE FOR LAND OF THE LONGLEAF PINE EXHIBIT Cape Fear Museum Director Ruth Haas reported that the Cape Fear Museum of History and Science has been granted reaccreditation by the American Association of Museums recognizing the museum's commitment to excellence and professional standards of operation. The Museum is now accredited through 2023. Director Haas also reported that at the Southeastern Museums Conference Exhibition Competition the Museum's exhibit, Land of the Longleaf Pine, was presented with the Award of Excellence in the over $100,000 budget category. ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 20, 2010 AS USS GRAVELY DAY IN NEWHANOVER COUNTY Chairman Thompson presented the request for the Board's consideration to adopt the proclamation recognizing November 20, 2010 as USS Gravely Day in New Hanover County. The USS Gravely will be commissioned on Saturday,November 20, 2010 at the Port. Vice-Chairman Barfield read the resolution into the record and requested a motion for adoption. USS Gravely Commissioning Committee Co-Chairs Louise McColl and Captain Dave Scheu and Captain Douglas Kurtzman were present to receive the proclamation. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing November 20, 2010 as USS GRAVELY Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 22.7. ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2010 AS ADOPTION AWARENESS MONTHINNEWHANOVER COUNTY Chairman Thompson presented the request for the Board's consideration to adopt the proclamation declaring November 2010 as Adoption Awareness Month in New Hanover County. Commissioner Caster read the proclamation into the record and moved for approval. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to adopt the proclamation declaring November 2010 as Adoption Awareness 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 XXXIII,Page 22.8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 77 NEW HANOVER COUNTY BOARD OF ELECTIONS PRESENTATION ON THE NOVEMBER 2010 ELECTION On behalf of the New Hanover County Board of Elections, Chairman Tommy Guinn apologized for the errors that voters encountered during the recent election. In addressing concerns,Mr. Guinn reported that the Board of Elections has reviewed current procedures and has implemented changes in the standard operating procedures. Checks and balances have been implemented to ensure that in the future the correct ballots will be issued to the proper precinct. He assured the audience that the errors did not alter the results of the elections. The Board is fully cooperating with the investigation being conducted by the North Carolina State Board of Elections and will follow any recommended suggestions and report back to the Board of Commissioners. Chairman Thompson reported that the New Hanover County Board of Elections falls under the jurisdiction of the North Carolina State Board of Elections, not the New Hanover County Board of Commissioners and thanked Mr. Guinn for the update. In response to Board questions, Elections Director Bonnie Williams reported that State law would need to be changed to require photo ID before voting. She also reported that the calibration issues experienced at one-stop voting were addressed immediately assuring that voters are given time to review their ballots for accuracy before casting their vote and clarified that staff does receive sensitivity training. Representative Carolyn Justice reported that she has co-sponsored a Bill for many years requiring photo ID before being allowed to vote, and it remains one of her priorities. She thanked Mr. Guinn, the NHC Board of Elections, and staff for taking responsibility for the problems and errors that were encountered by voters and for sharing the changes that are being implemented. She also expressed her appreciation to the precinct workers. ADOPTION OF AIRLIE GARDENS PRESERVATION EASEMENT Commissioner Davis requested Attorney Copley counsel him on whether he should recuse himself due to a possible conflict of interest because he sits on the Airlie Foundation Board as the Board of Commissioners' representative as well as on the Board of Commissioners. Attorney Copley advised Commissioner Davis that the Board has appointed him as their voting representative on the Airlie Foundation Board and he has a right to vote on the preservation easement issue stating that there is no legal reason he should recuse himself. Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's consideration to adopt a preservation easement recognizing the architectural, historic, and cultural values and significance of Airlie Gardens with the common purpose of conserving and preserving Airlie Gardens. The proposed preservation easement is a legal agreement between New Hanover County and Airlie Gardens Foundation limiting the activities that can take place on the property. The easement is recorded into the official record or assigned to the deed for the property and is perpetual in binding future buyers of the land as well as the owner who entered into the agreement. The goal of the easement program is to help preserve the historic nature of the property, prevent development, and preserve the heritage of the area enhancing the management of the grounds and preserving its activities. Mr. McDaniel confirmed that in response to Board direction, the easement has been revised to delete any reference to a specific maintenance standard and wording has been added that by a three-fifths vote of the Board, following public notice and a public hearing, the preservation easement can be removed, revoked, terminated, or cancelled in its entirety. After brief discussion, the consensus of the Board is to direct staff to modify the easement verbiage as follows: PURPOSE 1. Purpose. It is the Purpose of the Easement to assure that architectural, historic and cultural features of the Property will be retained and maintained substapAdally in thei. etwent OF be eF ^ fid ^^ for preservation purposes and to prevent any use or change of the Property that will significantly and materially impair or interfere with the use of the property as a public garden and all other related activities of a historic landscape garden. Chairman Thompson requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to adopt the Airlie Gardens Preservation Easement with the verbiage changes presented and as noted. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the preservation easement is available for review in the Legal Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 78 UPDATE ON LANDFILL LEACHATE Commissioner-Elect Rick Catlin presented an update to the Board concerning funds that were approved at the Board's October 18, 2010 meeting for costs incurred due to Tropical Storm Nicole for pumping and hauling leachate at the Landfill. Since that meeting Commissioner-Elect Catlin, accompanied by County staff, have met with State officials to negotiate a more cost-efficient alternative to pump-and-haul by adding additional aerators to the landfill's wastewater treatment facility which is a more permanent solution. The agreement allows the County to avoid the $600,000+ pump-and-haul operation. A budget ordinance amendment with the exact costs will be placed on a future agenda for the Board's consideration to replace Budget Ordinance Amendment 11-089. BREAK Chairman Thompson called for a break from 3:30 p.m.until 3:40 p.m. APPROVAL OF CONTRACT WITH LAND MANAGEMENT GROUP FOR BIOLOGICAL MONITORING OF THE MASON INLET RELOCATION PROJECT County Engineer Jim Iannucci presented the request for the Board's consideration to renew the contract with Land Management Group for the continued biological monitoring of the Mason Inlet Relocation Project. This is year nine of the project. Land Management Group, Inc. has submitted a proposal in the amount of$20,200 which is a decrease of 11%from the Year 8 contract. The cost will be repaid through assessment of the benefiting property owners. Staff recommends the Board award the contract to Land Management Group in the amount of$20,200 for the continued biological monitoring of the Mason Inlet Project, and authorize the Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project budget to cover the cost of the contract. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve contracting with Land Management Group for the continued biological monitoring of the Mason Inlet Relocation Project in the amount of $20,200 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. APPROVAL OF CONTRACT WITH AUDUBON NORTH CAROLINA FOR MASON INLET WATERBIRD HABITAT MANAGEMENT PLAN County Engineer Jim Iannucci presented the request for the Board's consideration for contract renewal with Audubon North Carolina for the Mason Inlet Waterbird Habitat Management Plan for 2010 (Year 9)to meet permit requirements of the Mason Inlet Relocation Project in an amount not to exceed$19,760.31. Audubon North Carolina has successfully implemented the management component of the Mason Inlet Waterbird Habitat Management Plan since 2003. The nesting of waterbirds and shorebirds has increased dramatically, and habitat for waterbirds and shorebirds was restored. The proposed contract concerns the 2010 (Year 9) monitoring and management of the Wrightsville Beach component of the Mason Inlet Waterbird Habitat Management Plan. The contract is for a not to exceed amount of $19,760.31,which is a reduction in the amount of$5,156.19 from last year through extensive efforts by Audubon to utilize volunteers. Staff recommends that this contract be renewed for continued monitoring and management of waterbird habitat on the northern end of Wrightsville Beach in an amount not to exceed $19,760.31 and authorization for the Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project budget. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve renewing the contract with Audubon North Carolina for the 2010 Mason Inlet Waterbird Habitat Management Plan to meet permit requirements of the Mason Inlet Relocation Project in an amount not to exceed$19,760.31 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. ADOPTION OF SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF HOSPITAL REVENUE REFUNDING BONDS Chairman Thompson reported that the Board must consider and take action on a series resolution authorizing and approving the issuance and sale of not exceeding $100,000,000 aggregate principal amount of the County of New Hanover hospital revenue refunding bonds for the purpose of providing funds to currently refund the County's outstanding hospital revenue bonds, ratifying the preliminary official statement, a seventh amendment to the lease agreement and the bond purchase agreement. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 79 Before the Board are the aforementioned documents pertaining to the New Hanover Regional Medical Center Revenue Bond Refunding: • Whereas, the County owns New Hanover Regional Medical Center, a public general acute-care hospital facility, and • Whereas,the Board of Commissioners adopted a Bond Order on October 6, 1993;and • Whereas, under the Bond Order and pursuant to a Series Resolution adopted by the Board on February 5, 1999, the County issued its $122,395,000 Hospital Revenue Bonds, of which $98,105,000 remains outstanding:and • Whereas, the County has deemed it advisable to adopt this Series Resolution and to issue its Hospital Revenue Refunding Bonds for the purpose of providing funds to currently refund all of the outstanding Series 1999 Bonds and pay certain expenses of issuing the Series 2010 Bonds;and • Whereas,the County has determined that the issuance is in the best interest of the County. • Now, therefore be it resolved, that the Series Resolution, the Preliminary Official Statement, the Seventh Amendment to the Lease Agreement, and the Bond Purchase Agreement are approved, ratified, and adopted. Chairman Thompson requested a motion to approve,ratify, and adopt the documents as presented. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to adopt the series resolution authorizing and approving the issuance and sale of not exceeding $100,000,000 aggregate principal amount of the County of New Hanover hospital revenue refunding bonds as presented. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXIII,Page 22.9. PUBLIC HEARING AND APPROVAL OF 2010 COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING PROGRAM APPLICATION Community Development Planner Wanda Coston reported that in order to comply with the terms and conditions set forth in the Community Development Block Grant Scattered Site Housing program application requirements,the County must conduct a second public hearing to solicit public input prior to the submission of the 2010 Scattered Site Housing program application to the North Carolina Department of Commerce, Division of Community Assistance. The$400,000 Scattered Site Housing program grant will enable the County to provide two replacement homes and rehabilitate three houses for five very low-income homeowners. Chairman Thompson opened the Public Hearing in accordance with Community Development Block Grant program requirements to solicit citizen input prior to submission of the 2010 Scattered Site Housing program application. Hearing no comments, Chairman Thompson closed the Public Hearing. Chairman Thompson requested a motion to approve submission of the 2010 Community Development Block Grant Scattered Site Housing program application. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve submission of the 2010 Community Development Block Grant Scattered Site Housing program application. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant document is available for review in the Planning and Inspections Department. PUBLIC HEARING AND APPROVAL OF REQUEST BY THOMAS NUZIO, ON BEHALF OF RIVER BLUFFS DEVELOPMENT CORPORATION,TO MODIFY THE MASTER PLAN FOR AN EXISTING PD PLANNED DEVELOPMENT BY REZONING 79.4 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-880M,9/10) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Planning and Zoning Manager Jane Daughtridge reported that Thomas Nuzio, on behalf of River Bluffs Development Corporation, is requesting to modify the Master Plan for an Existing PD Planned Development by rezoning 79.4 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. This item was continued from the Board's October 4, 2010 meeting to allow time for the traffic review to be completed,the recommendations to be received from the Metropolitan Planning Organization,and for corrections to be made to errors that were discovered in the calculations concerning acreage and units. The Traffic Impact Analysis approval letter from the Metropolitan Planning Organization, dated October 29,2010, outlines the following requirements to mitigate traffic impacts: 1. Provide 200 feet of storage on Rock Hill Road for the left turn onto Castle Hayne Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 15,2010 PAGE 80 2. Stripe 250 feet of Castle Hayne Road(NC Hwy 133)as a dedicated left turn lane at the Rock Hill Road intersection. 3. When warranted, install traffic signals at two intersections (Castle Hayne Road at Chair Road and Castle Hayne Road at Rock Hill Road). 4. Access to the state roads requires an NCDOT driveway permit. NCDOT will recommend widening two feet along each side of Chair Road. 5. If changes are made to the site driveways as proposed, the Traffic Impact Analysis will need to be revised. The proposed modified Master Plan makes certain shifts in approved locations of densities and uses, and shows an additional 207 units, consisting of a combination of single-family units and multi-family units, totaling 761 units for the Planned Development community. The additional acreage also provides thirty-five percent or approximately 29.1 acres of supplementary recreational and open space. Staff recommends approval of the amended Planned Development District. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. In response to Board questions, on behalf of the Petitioner,Attorney Matt Nichols confirmed that they wish to proceed with the request stating that the Metropolitan Planning Organization letter and recommendations are acceptable to them. In response to Board questions, Wilmington Metropolitan Planning Organization Associate Transportation Planner Tara Murphy, confirmed that the letter by the Metropolitan Planning Organization has been issued. Chairman Thompson reported that no one from the public signed up to speak in opposition to the request. In response to Board questions on whether the Petitioner is planning on gating the community,Mr.Nichols stated that this is an issue that will be addressed by the Technical Review Committee as the gate issue is not addressed in the CAMA Land Use Plan. During the review process with the Technical Review Committee, other issues such as interconnectivity and safety will be considered. Commissioner Davis voiced his concern that a condition of the Planning Board's approval was that Chair Road and Rock Hill Road must remain unobstructed by gates. In response to Board questions and concerns about the community being gated, Planning Director O'Keefe stated that staff feels the gate issue is best worked out at the Technical Review Committee level where safety concerns and issues will be addressed with all the appropriate stakeholders. Staff does not have a basis for a gate recommendation as the subject is not included in the Land Use Plan. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve the request by Thomas Nuzio, on behalf of River Bluffs Development Corporation, to modify the Master Plan for an Existing PD Planned Development by rezoning 79.4 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 Resource Protection classification on the 2006 CAMA Land Use Plan Land Classification Map and goals outlined in the 1991Wrightsboro neighborhood plan; and 2) reasonable and in the public interest to add 79.4 acres to an existing 237 acre Planned Development master plan at the western end of Chair Road when all infrastructure connections and improvements are installed and other requirements are met. After further discussion concerning whether to add a condition to the motion that Chair Road must remain open and whether the community can be gated or not, Commissioner Caster withdrew his motion with the support of Chairman Thompson to offer a new motion. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster,to approve the request by Thomas Nuzio, on behalf of River Bluffs Development Corporation, to modify the Master Plan for an Existing PD Planned Development by rezoning 79.4 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 Resource Protection classification on the 2006 CAMA Land Use Plan Land Classification Map and goals outlined in the 1991Wrightsboro neighborhood plan; and 2) reasonable and in the public interest to add 79.4 acres to an existing 237 acre Planned Development master plan at the western end of Chair Road when all infrastructure connections and improvements are installed and other requirements are met with the condition that the Technical Review Committee will make the determination of whether the community, can or cannot,be gated. 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 14ANOVER COUNTY,NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section,Page 26.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 15,2010 PAGE 81 PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY WITHERS & RAVENEL, ON BEHALF OF SWARTZ PROPERTIES, TO REZONE APPROXIMATELY 0.35 ACRE OF PROPERTY LOCATED AT 5946 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL AND B-2 COMMERCIAL DISTRICT TO B-2 COMMERCIAL DISTRICT(Z-906,10/10) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Planner Nichole Dreibelbis reported that Cindee Wolfe with Withers & Ravenel, on behalf of Swartz Properties, is requesting to rezone approximately 0.35 acre of property located at 5946 Carolina Beach Road from R-15 Residential and B-2 Commercial District to B-2 Commercial District and presented a slide overview of the request. The subject property is currently split zoned R-15 medium density residential and B-2 highway business. Zoning to the north of the subject property is zoned B-2 and conditional commercial zoning is present southwest of the site. Staff recommends approval of the continuation of the existing B-2 zoning. The Planning Board at their October 7, 2010 meeting voted 5-0 to recommend approval of the B-2 rezoning request. No one from the public spoke on this item. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. Cindee Wolf, Withers&Ravenel, on behalf of Swartz Properties,reported that this is a housekeeping item and represents a gap in the B-2 zoning; approval of the request will make the subject property's zoning consistent with the surrounding commercial zoning. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. Hearing no comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Withers &Ravenel, on behalf of Swartz Properties, to rezone approximately 0.35 acre of property located at 5946 Carolina Beach Road from R-15 Residential and B-2 Commercial District to B-2 Commercial District finding that the request is: 1) consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to commercial uses within close proximity to the markets they serve and ensuring that such commercial uses do not diminish the quality of life in nearby residential areas; and 2) reasonable and in the public interest to rezone 0.35 acre at 5946 Carolina Beach Road from R-15 Residential and B-2 Highway Business to provide greater depth to adjacent Commercial Districts and remove an area of split zoning. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW 14ANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4,Page 88. COMMITTEE APPOINTMENTS Appointment to the Criminal Justice Partnership Advisory Board Chairman Thompson reported that one vacancy exists on the Criminal Justice Partnership Advisory Board with one application available for Board consideration. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to appoint Rufus Dale Huffman to serve a three-year term on the Criminal Justice Partnership Advisory Board as a designee of the Wilmington Police Chief with the term to expire on September 30,2013. Upon vote,the MOTION CARRIED UNANIMOUSLY. Appointment to the Juvenile Crime Prevention Council Chairman Thompson reported that a vacancy exists on the Juvenile Crime Prevention Council with one application available for Board consideration. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Noah W. Ponton to serve a two-year term on the Juvenile Crime Prevention Council in the Under Age 18 category with the tern to expire on September 30,2012. Upon vote,the MOTION CARRIED UNANIMOUSLY. Appointment to the Planning Board Chairman Thompson reported that one vacancy for an unexpired term exists on the Planning Board with ten applications available for consideration and requested nominations from the Board. Vice-Chairman Barfield nominated Anthony Prinz for appointment. Chairman Thompson seconded the nomination. Commissioner Caster nominated Lisa Mesler for appointment. Commissioner Greer seconded the nomination. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 82 Hearing no further nominations, Chairman Thompson called for a vote on the nominations. Vote: The Board voted 3 to 2 to appoint Anthony Prinz to fill the unexpired term on the Planning Board with the term to end on July 31, 2013. Chairman Thompson, Vice-Chairman Barfield and Commissioner Davis voted in favor. Appointment to the Tourism Development Authority Chairman Thompson reported that a vacancy needs to be filled on the Tourism Development Authority Board in the Carolina Beach Hotel Owner/Manager category with one application available for Board consideration Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to appoint James W. Pope to fill the unexpired term on the Tourism Development Authority in the Carolina Beach Hotel Owner/Manager category with the term to expire on December 31,2012. Upon vote,the MOTION CARRIED UNANIMOUSLY. Appointments to the Zoning Board of Adjustment Chairman Thompson reported that four vacancies exist on the Zoning Board of Adjustment for two regular members and two alternates. One applicant is eligible for reappointment and one alternate member is requesting appointment as a regular member. Six applications have been received and he requested direction from the Board. Chairman Thompson called for nominations in the regular member category Commissioner Caster nominated Robert F. Cameron, Jr. for reappointment. Chairman Thompson seconded the nomination. Commissioner Caster nominated Peter M. DeVita for appointment. Chairman Thompson seconded the nomination. Vice-Chairman Barfield nominated Joe Miller for appointment. Commissioner Greer seconded the nomination. Hearing no further nominations in the regular member category, Chairman Thompson called for a vote on the nominations. Vote: The Board voted 4 to 1 to reappoint Robert F. Cameron, Jr. to serve a three-year term in the regular member category on the Zoning Board of Adjustment with the term to end on December 1, 2013. Chairman Thompson and Commissioners Caster,Davis,and Greer voted in favor. Vote: The Board voted unanimously to appoint Peter M. DeVita to serve a three-year term in the regular member category on the Zoning Board of Adjustment with the term to end on December 1,2013 Chairman Thompson called for nominations in the alternate member category. Chairman Thompson nominated Joe Miller for appointment. Commissioner Caster seconded the nomination. Vice-Chairman Barfield nominated Chad McEwen for appointment. Chairman Thompson seconded the nomination. Commissioner Davis nominated O. Frank Roberts, Jr. for appointment. Commissioner Greer seconded the nomination. Hearing no further nominations in the alternate member category, Chairman Thompson called for a vote on the nominations. Vote: The Board voted unanimously to appoint Joe Miller to serve a three-year term in the alternate member category on the Zoning Board of Adjustment with the term to expire on December 1,2013. Vote: The Board voted 1 to 4 to appoint Chad McEwen to serve a three-year term in the alternate member category on the Zoning Board of Adjustment with the term to expire on December 1, 2013. Chairman Thompson voted in favor. Vote: The Board voted 4 to 1 to appoint O. Frank Roberts, Jr. to serve a three-year term in the alternate member category on the Zoning Board of Adjustment with the term to expire on December 1, 2013. Vice-Chairman Barfield and Commissioners Caster,Davis and Greer voted in favor. 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. He requested all persons speaking to limit their remarks to three minutes. No items were presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 1-5,2010 PAGE 83 ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 4:33 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