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2009-06-01 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 620 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 1, 2009, 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 Ted Davis, Jr.; Cornmissioner Robert G. Greer; Cornmissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Vice-Chairman Jason R. Thompson arrived at 8:01 p.m. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Bill Braswell, Pine Valley United Methodist Church, gave the invocation. Commissioner Greer led the audience in the Pledge of Allegiance to the Flag. WITHDRAWAL OF AGENDA ITEMS Chairman Davis reported that the following items have been pulled from the agenda: Regular Agenda Item 8 - Consideration of Request for Renewal of Mason Inlet Waterbird Habitat Management Plan for 2009 with Audubon North Carolina to Meet Permit Requirements of the Mason Inlet Relocation Project. This item will be rescheduled for a future meeting. Regular Agenda Item 13 - Public Hearing and Consideration of Request berry R. Robbins for a Special Use Permit to Allow a 288 Unit High Density Residential Development on 45.5 Acres of Property Located at 1300 North Kerr Avenue in an R-10 Residential District (Z-589, 4/09. This item was withdrawn by the Petitioner. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, 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: Agenda Review Meeting held on May 14, 2009 Joint Meeting with the Airport Authority held on May 15, 2009 Regular Session Meeting held on May 18, 2009 Approval of New Hanover County Board of Education Capital Outlay Fund Budget Amendment #8 - Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Capital Outlay Fund Budget Amendment 98. A copy of the New Hanover County Board of Education 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, 2009: 09-189 - Social Services 09-238 - Finance 2009-68 - Finance 09-245 - Library 2009-71 - Parks Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 12.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 621 REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION MERGING THE TOWN OF CAROLINA BEACH HAZARD MITIGATION PLAN WITH THE NEW HANOVER COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN Senior Environmental Planner Shawn Ralston reported that as required by the Disaster Mitigation Act of 2000 and North Carolina Senate Bill 300, all local governments in North Carolina are required to have an approved Hazard Mitigation Plan in place in order to receive assistance funds after a disaster and presented an overview of the Plan. Emergency Management Director Warren Lee continued reporting that New Hanover County has an approved Multi-Jurisdictional Hazard Mitigation Plan in place that includes the unincorporated areas of New Hanover County, the City of Wilmington, and the Town of Kure Beach. Until now, the Town of Carolina Beach has operated under its own approved Hazard Mitigation Plan but is now requesting their Plan be merged with the New Hanover County Plan. There is no cost to the County. Staff is requesting the Board adopt the resolution approving the request by the Town of Carolina Beach to merge their Hazard Mitigation Plan with the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. Emergency Management Director Warren Lee read the resolution into the record. Chairman Davis requested a motion for adoption. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to adopt the resolution merging the Town of Carolina Beach Hazard Mitigation Plan with the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 12.2. A copy of the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan is on file in the Emergency Management Department. ADOPTION OF PROCLAMATIONS RECOGNIZING JUNE 2009 AS FIREFIGHTER APPRECIATION MONTH IN NEW HANOVER COUNTY AND RECOGNIZING THE CASTLE HAYNE FIRE DEPARTMENT, THE MYRTLE GROVE FIRE DEPARTMENT AND THE WRIGHTSBORO FIRE DEPARTMENT FOR THEIR EFFORTS DURING THE 2008 MUSCULAR DYSTROPHY ASSOCIATION'S FUNDRAISING EVENT Chairman Davis presented the request for the Board's consideration to proclaim June 2009 as Firefighter Appreciation Month in New Hanover County and adopt the proclamations recognizing the Castle Hayne Fire Department, the Myrtle Grove Fire Department, and the Wrightsboro Fire Department for their efforts during the 2008 Muscular Dystrophy Association's "Fill the Boot" fundraising event. Commissioner Caster presented a highlight of the proclamations reading the proclamation recognizing June 2009 as Firefighter Appreciation Month into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to adopt the proclamation recognizing June 2009 as Firefighter Appreciation Month in New Hanover County and recognizing the Castle Hayne Fire Department, the Myrtle Grove Fire Department, and the Wrightsboro Fire Department for their efforts during the 2008 Muscular Dystrophy Association's "Fill the Boot" fundraising event. Upon vote, the MOTION CARRIED 4 TO 0. Muscular Dystrophy Association Program Coordinator Meghan Hart, Health Care Services Coordinator Amy Pollock, and Charlie Lipari thanked the firefighters for their participation in the fundraiser. Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 12.3. ADOPTION OF PROCLAMATION RECOGNIZING JUNE 2009 AS ELDER ABUSE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Davis presented the request for the Board's consideration to proclaim June 2009 as Elder Abuse Awareness Month in New Hanover County. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer, to adopt the proclamation recognizing June 2009 as Elder Abuse Awareness in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. Marianna Stacy, Community Outreach Educator, Brightmore of Wilmington, was present to receive the proclamation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 622 A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 12.4. ADOPTION OF RESOLUTION CALLING FOR AN ADVISORY REFERENDUM CONCERNING THE LEVY OF A ONE-QUARTER CENT COUNTY SALES AND USE TAX Budget Director Cain Griffin reported that during the 2007 session the North Carolina General Assembly granted County Boards of Commissioners the authority to levy, subject to voter approval, an additional one-quarter cent sales and use tax. For the Board's consideration is a resolution calling for an advisory referendum on the November 3, 2009 ballot on the question of whether to levy a one-quarter percent sales and use tax. Chairman Davis clarified that if approved by the voters the following will apply: • If voters approve the sales tax referendum in order for the tax to take effect the Board must adopt a resolution to levy the tax. • April 1, 2010 is the earliest date that the additional sales tax would become effective if the Commissioners levied the sales tax via resolution following the November 3, 2009 referendum. • The State will distribute the additional one-quarter cent sales tax to counties based on point-of-delivery. • The new sales tax does not apply to consumer food purchases. • No sunset clause can be included in the referendum. • Voters would need, by referendum, to approve revoking the tax. • It is estimated that the first year of the tax would generate approximately $7.5 million in revenue; or in excess of 2 cents on the current tax rate. The Board held a discussion emphasizing that public education is the key for a successful referendum. The sales and use tax option takes the burden off property owners because it is a broad-based tax allowing everyone that purchases within the county to share in generating needed revenue. The Board needs to have a discussion on how the revenue would be used, if approved. Chairman Davis reported that in 2007, the General Assembly authorized Counties to levy a one-quarter cent sale and use tax. In order to levy the tax, the Board of Commissioners must submit an advisory referendum to the voters as to whether to levy the tax. He continued reporting that for the Board's consideration is a resolution calling for a special advisory referendum to be placed on the November 3, 2009 ballot. The ballot question would ask the voters to vote for or against a local sales and use tax at the rate of one-quarter cent in addition to all other state and local sales and use tax. If a majority of the voters vote in favor of the tax, the Board of Commissioners would then consider a resolution to levy the tax. Chairman Davis requested a motion to adopt the resolution to submit the special advisory referendum to the voters on November 3, 2009 ballot. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer, to adopt the resolution calling for an advisory referendum concerning the levy of a one-quarter County sales and use tax. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 12.5. PUBLIC HEARING ON THE FY 2009-2010 RECOMMENDED BUDGET Chairman Davis opened the Public Hearing and requested Budget Director Cain Griffin to make the Staff presentation. Budget Director Griffin reported that representatives from the New Hanover County School System and Cape Fear Community College are in attendance to speak on budget issues. Budget Presentation for New Hanover County School System Edward B. Higgins, Board of Education Chairman, introduced members of the Board of Education and staff in attendance and presented the request for the Board to add funding in the amount of $400,000 to the recommended budgeted amount to meet the needs of opening a new school in the Castle Hayne area. As requested by the County, the Schools reduced their budget request by 5%. 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 experiencing budget reductions of between 11% and 12% from the State and pledged to continue serving the citizens of New Hanover County to the best of their ability. Budget Requests from Non-County Agencies and Public Comments The Board received comments from the following people: • Linda A. Pearce, Elderhaus Inc, presented an overview of their program and requested additional funding if at all possible. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 1, 2009 BOOK 31 PAGE 623 • Susi Hamilton, Carousel Center, presented an overview of their program and requested additional funding if at all possible. • Victoria Kling, American Red Cross, presented an overview of their program and requested funding in the amount of $20,000. • Tom Dodson, Ten Year Plan to End Homelessness, presented an overview of their program and funding request. • Tuffana Thomas, Blue Ribbon Commission, presented an overview of their program and funding request in the amount of $5,000. • Jennifer Caslin, Food Bank of Wilmington, presented an overview of their program and funding request in the amount of $10,000. • Jennifer Braswell, New Hanover Soil & Water Conservation District, presented an overview of their program and funding request in the amount of $60,000. • Meredith Peters, Coastal Horizon Center, presented an overview of their program and thanked the Board for supporting 95% of their funding request. • Sarah Grady, Coastal Horizon Center, presented an overview of their program and thanked the Board for supporting 95% of their funding request. • Albert Eby, WAVE Transit Authority, presented an overview of their program requesting additional funding above the recommended budget amount which is 10% less than their request. • Katrina Knight, Good Shepherd Center, presented an overview of their program and funding request. • Scott Redinger encouraged the Board to support the agencies that help the homeless in our community. Commissioner Caster spoke on the value of each of these agencies and how each year the funding decisions become more difficult. In response to Board questions concerning statements made by WAVE Transit Authority Director Albert Eby, County Manager Shell confirmed that the recommended budget amount of $132,939 is 10% less than their request as all non-county agencies were reduced to 90% of their FY08-09 adopted amount due to the current economic conditions. Other costs of doing business have been passed on to WAVE Transit Authority such as vehicle maintenance services and risk management charges to cover the expenditures associated with their account. The Department of Aging and Department of Social Services contract directly with WAVE for client services with the recommended budget including a net increase in the amount of $149,668 for County dollars expended on WAVE. Since FY08-09, approximately $150,000 has been carried over in the non-departmental account for capital outlay and to date has not been spent on the proposed transfer and maintenance facility, but with Board approval, these funds could be used to provide additional funds to WAVE. Chairman Davis reported that the Board will hold a Budget Work Session on Thursday, June 11, 2009 irnmediately following the Agenda Review meeting. The Board will approve the FY09-10 budget at their June 22, 2009 meeting. BREAK Chairman Davis called for a break from 7:38 p.m. until 7:49 p.m. PUBLIC HEARING AND DENIAL OF REQUEST BY JANIE WALKER FOR A SPECIAL USE PERMIT TO LOCATE AN IN-HOME DAYCARE FOR EIGHT CHILDREN LOCATED AT 4432 JASON COURT IN AN R-10 RESIDENTIAL ZONING DISTRICT (S-590,5/09) Chairman Davis 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 Daniel Walker Alana Lewis Senior Planner Jane Daughtridge reported that Janie Walker is requesting a Special Use Permit to locate an in-home daycare facility for eight children located at 4432 Jason Court in an R-10 Residential Zoning District and presented a slide overview of the property. Currently the daycare serves five children. Planning Director O'Keefe read the findings of facts into the record stating that Staff feels that these findings are positive. At the Planning Board's May 7, 2009 meeting, they voted 4-0 to recommend approval with a stipulation that the driveway access be redesigned to avoid using a circular drive. The applicant has submitted a revised site plan showing that change. One person speaking on behalf of seven petitioners voiced objections to the circular driveway and expressed concerns as to safety and harmony with the neighborhood. Chairman Davis asked if the Petitioner wished to speak in favor of the request. Daniel Walker, the Petitioner, confirmed that he agrees with the findings of facts as presented stating that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 624 they are willing to design the driveway in a way not to negatively impact property values and that will be visually appealing. In response to Board questions, Planning Director O'Keefe reported that the county ordinance dictates that to provide daycare for more than five children they will need to follow the driveway variance. The special use permit will allow them to keep up to eight children with the minimum requirement of the permit requiring no less than four spaces. The spaces do not need to be paved and can be lower cost solutions. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. Alana Lewis, resident at 4428 Jason Court, spoke in opposition to the request stating that future changes will not be in harmony with the surrounding area, negatively impact property values and increase traffic on North Kerr Avenue. On behalf of the other property owners, she requested the Board deny the request. Commissioner Barfield spoke on his personal experience of selling a home next to an in-home daycare for the listing price stating that he does not believe in-home daycares have a negative impact on property values. Mr. Walker stated that they do not want to negatively impact property values and their intention is to comply with county policies confirming that they do not want a sign, bus drop-off, or daycare for second shift hours. Currently they are adding only one child but are open to the future prospect of adding up to a total of eight children as allowed under the special use permit. Board. Hearing no further comments, Chairman Davis closed the Public Hearing and requested direction from the In response to Board questions, Deputy County Attorney Sharon Huffinan clarified that in order for the Petitioner to bring the request back to the Board they would need a substantial change in the proposal from the current project. In response to Board questions, Deputy County Attorney Sharon Huffinan clarified that in order to request a zoning variance from the Board of Adjustment the Petitioner would be required to show a specific hardship or impossibility and this project will probably not meet those requirements. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the Special Use Permit request by Janie Walker to locate an in-home daycare facility for eight children located at 4432 Jason Court in an R-10 Residential Zoning District 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 following condition of an improved driveway. Upon vote, the MOTION FAILED 3 TO 2. Chairman Davis, Vice-Chairman Thompson and Commissioner Greer voted in opposition. Commissioner Greer stated that he voted to deny the request finding that the request will not be in harmony with the neighborhood. Chairman Davis stated that he concurred with Commissioner Greer's statement. A copy of the order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book IV, Page 26.1. PUBLIC HEARING AND APPROVAL OF REQUEST BY GERTRUDE MARTINS FOR A SPECIAL USE PERMIT TO LOCATE AN IN-HOME DAYCARE FOR EIGHT CHILDREN LOCATED AT 532 UPLAND DRIVE IN AN R-15 RESIDENTIAL ZONING DISTRICT (S-591,5/09) Chairman Davis 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 Gertrude Martins Senior Planner Jane Daughtridge reported that Gertrude Martins is requesting a Special Use Permit to locate an in-home daycare facility for eight children located at 523 Upland Drive in an R-15 Residential Zoning District and presented a slide overview of the property. Currently the daycare serves five children. Planning Director O'Keefe read the findings of facts into the record stating that Staff feels that these findings are positive. At the Planning Board's May 7, 2009 meeting, they voted 4-0 to recommend approval with no one from the public speaking on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 625 In response to Board questions, Planning Director O'Keefe stated that this property is significantly larger than the previous request; R-15 as opposed to R-10 and the Petitioner has a double lot allowing for more area for the parking requirements. Chairman Davis stated that another difference between this request and the previous request is that there is no one speaking in opposition to this request. Chairman Davis asked if the Petitioner wished to speak in favor of the request. Gertrude Martins, the Petitioner, confirmed that she agrees with the findings of facts as presented and that she has made provisions for the additional parking as required and that her neighbors are in agreement with her request. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the Special Use Permit request by Gertrude Martins to locate an in-home daycare facility for eight children located at 523 Upland Drive in an R-15 Residential Zoning District 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 UNANIMOUSLY. A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated as a part of the minutes and is contained in SUP Book IV, Page 26.2. PUBLIC HEARING AND APPROVAL OF REQUEST BY ROYAL PALMS MHP, LLC TO CONDITIONALLY REZONE 27.6 ACRES OF PROPERTY LOCATED AT 5140 CAROLINA BEACH ROAD FROM R-15 AND R-10 TO CD (R-10) FOR USE AS A HIGH DENSITY RESIDENTIAL PROJECT (Z-894, 5/09) Chairman Davis 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 James Eldridge Comer Lyons Scott Kennedy Senior Planner Jane Daughtridge reported that Royal Palms MHP, LLC is requesting to conditionally rezone 27.6 acres of property located at 5140 Carolina Beach Road from R-15 to R-10 to CD (R-10) for use as a high density residential project and presented a slide overview of the property. Planning Director O'Keefe reported that the proposed project is within the area recently approved for annexation by the City of Wilmington. The project was submitted to the City of Wilmington for review with no comments having been received. Traffic counts just east of this location show about an 18% increase in average daily traffic between 2007 and 2009. Carolina Beach Road has a 2007 LOS of E, meaning the road is operating at its design capacity and experiencing delays at intersections. Existing use is a mobile home park of about 191 spaces which has been operating in this location since mid 1970. To the north of the subject property is another mobile home park of about twenty-two spaces. East of the site is commercial development and vacant residential land. Planning Director O'Keefe read the findings of facts into the record and continued reporting that at the Planning Board's May 7, 2009 meeting they voted 4-0 to recommend approval of the request with an additional condition that the street connection to Normandy Drive must be made prior to occupancy of the 108 units envisioned for Phase II of the project. One person spoke at the meeting to express concern that the current residents should be given as much time as possible to find other places to live if the proposal is approved. Staff recommends approval of the request with the condition suggested by the Planning Board. In response to Board questions asking if the Petitioner agrees to the findings of facts as presented, Comer Lyons, on behalf of Royal Patens MHP, LLC, requested that lE of the findings of facts be amended to reflect "an additional 45 a.m. peak hour trips and 32 p.m. peak hour trips were calculated." In response to Board questions, Planning Director O'Keefe confirmed that staff is agreeable to the change as requested in lE of the findings of facts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 626 In response to Board questions, Mr. Lyons confirmed that they agree with the amended findings of facts. Chairman Davis asked if the Petitioner wished to speak in favor of the request. Attorney James Eldridge, on behalf of Royal Patens MHP, LLC, requested Comer Lyons present the request and that he was available to answer questions. Mr. Lyons presented an overview of the proposed project highlighting that the request is in compliance with the county zoning ordinance and meets the requirements for a special use permit. He requested the Board approve the request. In response to Board questions concerning future City of Wilmington annexation, Mr. Lyons confirmed that they intend to abide by the plan as approved by the Board of Commissioners. In response to Board questions, County Attorney Wanda Copley clarified that the City ordinances will prevail after annexation. In response to Board questions, Mr. Lyons clarified the public comment items and responses from the public meeting held on April 16, 2009. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to approve the request by Royal Palms MHP, LLC, to rezone approximately 27.6 acres of property located at 5140 Carolina Beach Road from R-15 and R-10 to CD (R-10) as presented finding that the request is consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to approve the special use permit request by Royal Patens MHP, LLC to locate a high density project of 288 units as presented based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition that the street connection to Normandy Drive be made prior to occupancy of the 108 units envisioned for Phase II of the project. 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 HANOVER 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 86. A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated as a part of the minutes and is contained in SUP Book IV, Page 26.3. APPROVAL OF REQUEST TO ELIMINATE THE LOCAL FEE FOR TEMPORARY FOOD ESTABLISHMENT PERMITS Environmental Health Services Manager Dianne Harvell presented the request to eliminate the $50 permit fee for a Local Temporary Food Permit. The Board of Health will continue the inspection/permitting program of these establishments and will have no effect on the State temporary event fee. The Board of Health is in support of this request. Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer, to approve the request by the Board of Health to eliminate the $50 fee for a Local Temporary Food Permit for establishments/facilities regulated under local health regulations, but will continue the inspections/permitting program. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Davis 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. Lena Rollinson stated that she was speaking on behalf of concerned citizens in Ardmore, Carolina Place, Carolina Heights neighborhoods and the surrounding area. She voiced her concern about the location of the proposed ABC Store expansion requesting that the Board consider not reappointing the existing ABC Board member but consider appointing a new person who will consider the wishes of the surrounding community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 1, 2009 PAGE 627 ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:57 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.