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2003-03-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 522 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 10, 2003, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; Deputy County Manager Andrew J. Atkinson; Assistant County Attorney, Holt Moore; and Clerk to the Board, Lucie F. Harrell. Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board of County Commissioners. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Keith Hollar, of Wrightsboro Baptist Church, gave the invocation. Commissioner Pritchett expressed regret for the recent death of William Schwartz, a former Mayor of the City of Wilmington, and stated that our community was truly a better place to live because of his years of public service and many contributions made to both the City and County. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Commissioner Pritchett requested further discussion of Item 1. Vice-Chairman Greer requested further discussion of Items 6 and 11. Discussion of Consent Agenda Item 1 - Approval of the Minutes Commissioner Pritchett requested the Board to approve the minutes for the Regular Meeting held on February 17, 2003, as amended by the Clerk to the Board. She also requested removal of the minutes for the Closed Session held on January 6, 2003, because of the need to clarify some issues. Discussion of Consent Agenda Item 6 - Funding for the Drug Court in New Hanover County Vice-Chairman Greer requested an explanation of why funding for the Drug Court had not been received earlier in the current fiscal year. Deputy County Manager Atkinson explained that the Administrative Office of the Courts has awarded a “good- faith” grant in the amount of $93,880 for FY 2002-2003. No funds have actually been received; however, notification has just been received and funding should be forwarded to the Drug Court Program within the next month. He advised that the same reimbursement procedure was used during the last fiscal year. Discussion of Consent Agenda Item 11 - Reclassification of Positions at the Department of Social Services and Health Department Vice-Chairman Greer asked if any costs would be involved with the reclassification of two positions. Deputy County Manager Atkinson responded that no costs would be involved with the reclassification, but the title of the positions would be changed. After hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to approve the items on the Consent Agenda with the amendment to the minutes of February 17, 2003 meeting as presented by the Clerk to the Board and removal of the minutes for the January 6, 2003, Closed Session for re-submission at a future date. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes of the joint City-County Consolidation meeting held on January 13, 2003 and the amended minutes of the meeting held on February 17, 2003, as presented by the Clerk to the Board. Approval of School Budget Amendments Related to the New Murrayville Elementary School The Commissioners approved School Budget Amendment #4, Appropriating Fund Balance in the Schools- Capital Project for the Murrayville Elementary School Construction. On February 3, 2003, the Board voted unanimously to approve the acquisition of property located off Murrayville Road near the intersection with Rockwell Road. No additional County funding will be allocated. Adoption of Resolution in Support of Senate Bill 55 to Provide Medicaid Relief to Counties The Commissioners adopted a resolution supporting Senate Bill 55 which will provide Medicaid relief to counties. On January 21, 2003, the Board voted unanimously to adopt a resolution in support of phasing out county participation in Medicaid costs. Senate Bill 55, introduced by Senator Jim Forrester, would effect that phase out by 1% NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 523 each year beginning July 1, 2005. Copies of this resolution will be sent to the local legislative delegation to express support of the bill. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 8.1. Approval of Grant Application for Criminal Justice Partnership Program (CJPP) to Cover the Cost of the Day Sentencing Program and Partially Fund the Pretrial Release Program for FY 2003-2004 The Commissioners authorized submission of a grant application for Criminal Justice Partnership Program (CJPP) funds in the amount of $141,515 to cover the cost of the Day Sentencing Program and partially fund the Pretrial Release Program. The Day Sentencing Center is operated through a contract with Coastal Horizons Center, Inc. and the Pretrial Release Program is coordinated through the County Manager’s Office. Both programs save the County money through reduced jail costs. The County Manager was authorized to accept the grant if awarded and to approve the associated budget amendment. Acceptance of Recommendations from Juvenile Crime Prevention Council for the Department of Juvenile Justice and Delinquency Prevention Funds for FY 2003-2004 The Commissioners accepted the following recommendations from the Juvenile Crime Prevention Council (JCPC) for use of funds provided by the Department of Juvenile Justice and Delinquency Prevention (DJJDP) for FY 2003-2004: Psychological Services (SEMH)$114,862 Home-Based Services (SEMH)$ 90,000 Juvenile Day Reporting Center$203,045 Teen Court$ 30,000 Administrative$ 13,000 The recommendation will be submitted to the State for final approval. Approval of Funding for the Drug Court fromAdministrative Office of the Courts and Approval of Associated Budget Amendment #03-0132 The Commissioners approved a “good-faith” grant in the amount of $93,880 from the Administrative Office of the Courts for FY 2002-2003 to fund the Drug Court in New Hanover County. The County contracts with Coastal Horizons Center, Inc. to operate the program. No County funds are required. Budget Amendment # 03-0132-Drug Court Adjustment Debit Credit AOC Grant$93,880 Contract Services$93,880 Explanation: To budget grant from the Administrative Office of the Courts to fund the Drug Court administered by Coastal Horizons Center, Inc. Approval of Budget Amendment #03-0143 for the County’s Portion of Remediation of the Sheriff’s Old Firing Range on Division Drive The Commissioners approved Budget Amendment #03-0143 to transfer funds in the amount of $66,828 to clean up the Sheriff’s old firing range on Division Drive. The remediation process will require excavation, screening and stabilizing the impacted soil. In November 2002, the State paid the County $570,813 for a portion of the firing range for construction of the Smith Creek Parkway. A portion of these funds will be used for the clean up work. Budget Amendment #03-0143-Sheriff’s Office Adjustment DebitCredit County Commissioners: Appropriated Fund Balance$66,828 Sheriff/Patrol: Clean Up$66,828 Explanation:To budget appropriated fund balance for remediation at the old firing range. Approval of Bank of America’s Corporate Signature Card for the Sheriff’s Office Civil Collection Account The Commissioners approved the new Bank of America Corporate Signature Card for the Sheriff’s Office Civil Collection Account, which replaces names of individuals authorized to complete financial transactions for the Sheriff’s Office. Approval of Budget Amendment #03-0138 to Establish a Budget for Register of Deeds Automation Fund, Adoption of Resolution to Award Procurement of Indexing Program to Hart InterCivic, Inc. and Approval of an Amendment to Contract #00-0282 for an Indexing Program The Commissioners approved Budget Amendment #03-0138 to establish a budget for the Register of Deeds Automation Fund, adopted a resolution to award procurement of an Indexing Program to Hart InterCivic, Inc. as a sole source procurement in the amount of $94,209, approved an amendment to Contract #00-0282 with Hart InterCivic, Inc. and authorized the County Manager to execute the contract amendment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 524 The N. C. General Assembly established provisions to provide funds for automation of the Register of Deeds from existing funds. This provision allow 10% of revenues received to be earmarked for automation. Beginning January 1, 2002, the County set aside funds in the amount of $89,493, and funding projections for FY 2002-2003 are estimated at $175,000. Budget Amendment #03-0138-Automation Enhancement & Preservation Fund Adjustment Debit Credit Appropriate Fund Balance$ 89,493 Fees$175,000 Computers$264,493 Explanation: To budget Register of Deeds Automation and Preservation Fund revenues for FY 2002- 2003 and designated fund balance for approved projects. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 8.2. A copy of the Contract Amendment is on file in the Legal Department. Approval of Change to Board of Fire Commission Bylaws The Commissioners approved changing Article VI Meetings-Section1of the Board of Fire Commission By-Laws to read as follows: The Fire Commissioners will meet as needed to accomplish the mission of the Board. Approval of Amendment to the Classification Plan Adding the Classification, Human Services Agency Business Manager The Commissioners approved an amendment to the position Classification Plan to include an additional classification, Human Services Agency Business Manager. This is a reclassification of two existing positions, which was prompted by a Health Department organizational study conducted by consultants who recommended a stronger business manager position to manage all business-related services for the department. A current vacant position in the Health Department and the Department of Social Services Business Officer position held by James Oxendine will be reclassified to the new classification. The salary grade of PT10 at a salary range of $54,226 - $83,179 will be assigned, and the effective date of implementation will be March 18, 2003. Authorization to Establish Appeal Process for Housing Recovery Grant Program Appeals and Designation of a Hearing Officer The Commissioners approved the establishment of an appeals process for the Housing Recovery Grant Program and designated Assistant County Manager David F. Weaver as the Hearing Officer. The appeals process will be made available to homeowners who want to appeal staff determinations pertaining to issues of eligibility or compensation in the buy-out and relocation program for homeowners impacted by Hurricane Floyd. Appeals to Mr. Weaver’s determination will be made to the Director of the North Carolina Redevelopment Center and/or Secretary, Department of Crime Control and Public Safety. Authorization to Transfer Funds to the City of Wilmington for Design of Stormwater Management and Passive Recreation Facility for the Tidal Creeks Property Formerly Known as the Dobo Property The Commissioners authorized the transfer of funds up to $240,000 to the City of Wilmington for design of a stormwater management and passive recreation facility for the Tidal Creeks property formerly known as the Dobo property. In December 2002, New Hanover County purchased 16.47 acres of property from the Dobo family in the Hewletts Creek Watershed with funds from the Tidal Creeks Watershed Management Program. The property is located in the City and has been identified in the City's Stormwater Master Plan as a priority location for a stormwater retention and manufactured wetland facility that could improve the quality of the water flowing into Hewletts Creek. The Tidal Creeks Watershed Management Advisory Board has proposed spending up to $240,000 to contract services for the preparation of a Master Plan for stormwater retention, stream restoration and passive recreation. The City’s Staff has agreed to manage the award and implement the contract. Approval of Funding from the Tidal Creeks Water Quality Enhancement Project Fund for UNCW to Study Effects of the Mason Inlet Relocation on Tidal Exchange Rates in Howe Creek and Pages Creek The Commissioners approved funding in the amount of $13,080 from the Tidal Creeks Water Quality Enhancement Project Fund for UNCW to study and determine the effects of the relocation of Mason Inlet on the tidal exchange rates in Howe Creek and Pages Creek as recommended by the Tidal Creek Watershed Management Advisory Board. Dr. Larry Cahoon with UNCW’s Department of Biological Sciences will perform the studies. Similar studies were conducted on these creeks in 1998 and 2000 prior to the relocation of Mason Inlet. Conducting studies on the creeks will provide comparable results that will help to determine the impact of tidal flushing that can be attributed to the Mason Inlet Relocation Project. Approval of Budget Amendment #03-0131-Planning Department The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 525 Budget Amendment #03-0131-Planning Department AdjustmentDebitCredit NCCCPS-SARF Grant$25,000 Relocation Assistance$25,000 Explanation: To budget a portion of grant funds remaining in the SARF grant from FY 2001-2002. These funds will be used to pay for Comparative Market Adjustments for two properties. Approval of Budget Amendment #03-0136-Department of Social Services The Commissioners approved the following Budget Amendment: Budget Amendment #03-0136-Department of Social Services Adjustment Debit Credit DSS Admin. Grants$132,000 Assistance Payments$ 68,000 Contracted Services$200,000 Explanation: Renew the contract for Child Support Enforcement for another year. Additional County funds required are available within the DSS budget. Approval of Budget Amendment #03-0140-Sheriff’s Office The Commissioners approved the following Budget Amendment: Budget Amendment #03-0140-Sheriff’s Office AdjustmentDebitCredit Other$10,125 Motor Vehicle Purchases$10,125 Explanation: To budget insurance proceeds in the Sheriff’s Office. Approval of Budget Amendment #03-0142-Public Health Bioterrorism The Commissioners approved the following Budget Amendment: Budget Amendment #03-0142-Public Health Bioterrorism AdjustmentDebitCredit Bioterrorism Communication & Assessment$4,300 Printing Charges$4,300 Explanation: To budget additional State funds received for the Bioterrorism Program. Funds are to be used for radio and print advertising as well as promotional materials. Approval of Budget Amendment #2003-28-Island Park Water Extensions The Commissioners approved the following Budget Amendment: Budget Amendment #2003-28-Island Park Water Extensions AdjustmentDebitCredit Sales Tax Refund$12,136 Extended Project Expense$ 1,000 Transfer to Sewer Operating$13,136 Explanation: For accounting purposes only; to close Fund 803. ADOPTION OF RESOLUTION PROCLAIMING MARCH 22, 2003 AS “GIRL SCOUT DAY” IN NEW HANOVER COUNTY Chairman Davis reported that on March 22, 2003 the local Girl Scout community and Westfield Shoppingtown Independence Mall will sponsor the Second Annual Girl Scout Day at the Mall. The Board is being requested to adopt a resolution to proclaim March 22, 2003, as “Girl Scout Day” in New Hanover County. Chairman Davis read the resolution into the record and requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution proclaiming March 22, 2003 as “Girl Scout Day” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested Ms. Vonna Jones, Membership Coordinator for the Girls Scout to step forward to receive the resolution. On behalf of the Board, he presented the resolution to Ms. Jones and asked if she would like to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 526 speak. Ms. Jones expressed appreciation to the Board for the resolution recognizing and supporting Girls Scouts in New Hanover County and in the Coastal Carolina Council. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 8.3. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 5:35 p.m. Chairman Davis reconvened to Regular Session at 5:42 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Joint Expansion of the City’s Northside Wastewater Treatment Plant Commissioner Pritchett referenced the joint meeting of the City Council and Board of County Commissioners held on January 13, 2003 and advised that the City was requested to notify the County by resolution no later than February 15, 2003, of its intent to move expeditiously with the joint expansion of the Northside Wastewater Treatment Plant. She suggested requesting the Chairman to write a reminder letter to the Mayor and City Council. After further discussion, the Board authorized the Chairman to write a letter. Discussion of Request From the N. C. Association of County Commissioners for New Hanover County and Surrounding Counties to Join Pender County in Support of a Local Bill to Levy a 1% Land Transfer Tax Chairman Davisadvised that Mr. Ed Regan, Deputy Director of the N. C. Association of County Commissioners, has requested New Hanover County and other surrounding counties to see if they would be interested in joining Pender County to seek legislation to levy a 1% land transfer tax. He advised that prior discussion had been held on this issue and the Board was not interested in pursuing this revenue source. After polling each member of the Board and receiving a negative response, Chairman Davis advised that he would inform Mr. Regan that New Hanover County was not interested in joining the effort to seek a local bill to levy a 1% land transfer tax. Discussion of a Resolution to Support the Men and Women Serving in the Armed Forces in the United States and Throughout the World Chairman Davis advised that he had been contacted by an individual who would like for the Board to consider adopting a resolution to support men and women serving in the Armed Forces. He informed this individual that he did not have any objection to supporting the members of the Armed Forces, particularly with the military bases located in our area, but stated that he did have a problem with a resolution involving political issues. Chairman Davis asked if the Board would consider a resolution to read as follows: BE IT RESOLVED that the New Hanover County Board of Commissioners does hereby pledge its support to and confidence in the United States of America and the men and women of the Armed Forces of the United States of America. Commissioner Pritchett suggested including language to pray for the safety of the troops and their missions whether serving at home or deployed around the world. Motion: Chairman Davis MOVED, SECONDED by Commissioner Boseman, to authorize Staff to prepare a resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis advised that once the resolution is prepared and reviewed to the satisfaction of each Commissioner, he would sign the document. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 8.4. Discussion of the Recent Dissolution of the City-County Vice & Narcotics Unit Commissioner Caster expressed concern for the recent decision made by the City to dissolve the City-County Vice & Narcotics Unit and suggesting writing a letter to the Mayor and Council Members requesting them to reconsider this action. Chairman Davis spoke on the importance of this issue and suggested writing a letter for all five members to sign. He expressed concern for rivalry between the City and County in fighting the war on drugs when most of the crime in the community is related to drugs. He also noted that this did not reflect well on the City Council’s desire to move forward with consolidation. Commissioner Pritchett spoke on the separation of the unit being unfortunate and stated that a combined Narcotics Unit was needed to control drugs throughout the community. Vice-Chairman Greer spoke on being in favor of a combined Narcotics Unit and stated that any time the number of personnel is reduced, the unit will become weaker, which results in dealers having a better chance to continue NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 527 their drug operations. Commissioner Boseman spoke in favor of a combined Narcotics Unit and stated that separating the units would create a greater risk for the lives of law enforcement officers. In further discussion, the Board directed Deputy County Manager Atkinson to prepare a letter to be signed by all five County Commissioners requesting the Mayor and City Council to reconsider their decision to have separate Vice & Narcotic Units. Request From the Port, Waterway and Beach Commission to Present a Status Report on Recent Activities Commissioner Caster advised that Mr. Richard G. Catlin, Chairman of the Port, Waterway and Beach Commission, had contacted him about being placed on a future agenda to provide a status report on recent activities of the Commission. He advised that this item would be placed on the March 24, 2003 agenda. Commissioner Caster stated that one primary concern is the erosion occurring along the river banks at Snows Cut. The Port, Waterway and Beach Commission discussed this problem with officials in Washington, D. C., and it was determined that the cost would be between $200,000 to $300,000 for a study and approximately $12,000,000 for the stabilization project. He stated that Mr. Catlin would discuss this project and other activities at the meeting. Consideration of a Resolution Requesting the UNCW Association for Campus Entertainment to Reconsider Its Invitation to the Hip Hop Artist Ludacris to Perform at Trask Coliseum Commissioner Caster introduced a resolution to request the Association for Campus Entertainment to reconsider requesting the hip-hop artists Ludacris to perform at Trask Coliseum on March 29, 2003. He noted that this group was known for its use of racial slurs and language referring to the violence of women, which in his opinion, is the wrong message to send to students and the community. The performance will cost $120,000 with half paid by student activity fees and half by ticket sales. In closing, Commissioner Caster advised that after listening to some CDs by Ludacris he was appalled that the Association would ask this group to perform at UNCW. He read the proposed resolution into the record and requested the Board to consider adopting the document. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution requesting the UNCW Association of Campus Entertainment to reconsider its invitation for Ludacris to perform at Trask Coliseum on March 29, 2003. Commissioner Pritchett advised that she was not in agreement with bringing Ludacris to UNCW, but stated taking this action would spark a form of censorship on the part of the Board of County Commissioners. She noted that this action should be the role of the University which has sufficient faculty and parents to advise the Association about this issue. Commissioner Boseman advised that UNCW does not tell the Commissioners how to perform their duties; therefore, she did not feel the Commissioners should become involved with the issue. Vice-Chairman Greer advised that just a few moments ago, the Board adopted a resolution proclaiming March 22, 2003 as Girl Scout Day in New Hanover County and read the following section of the resolution: WHEREAS, the Girl Scout movement is dedicated to instilling high ideals of character, conduct, service and patriotism in girls and has inspired generations of girls to improve the world around them in their homes, communities, and society. Vice-Chairman Greer advised that he felt a performance by Ludacris was the exact opposite of the ideals presented in the resolution. He expressed concern for a State University supported by the taxpayers promoting this type of entertainment on campus, which in his opinion is not right. Chairman Davis advised that he did not approve of the lyrics or message of Ludacris; however, this is a matter under the jurisdiction of UNCW which has a faculty, administration, and Board of Trustees. Another concern is first amendment issues, such as freedom of speech and the right of each individual to decide if he or she wants to attend the concert. He suggested leaving this matter to UNCW. After hearing no further comments, Chairman Davis called for a vote on the resolution to request the Association for Campus Entertainment at UNCW to re-consider its invitation to the hip-hop artist Ludacris to perform at Trask Coliseum on March 29, 2003. Upon vote, the MOTION FAILED 2 to 3. Chairman Davis, Commissioner Boseman and Commissioner Pritchett voted in opposition. Report on Financial Situation at New Hanover Regional Medical Center Commissioner Boseman advised that during a recent meeting of the Medical Center Finance Committee, a report was presented showing that money paid in employee benefits was approximately $1,000,000 over budget. This report raised a red flag and everybody read in the newspaper why the benefits were over budget. She advised that the newly appointed Trustees were doing an excellent job, particularly Bob Hoover, who is leading the effort to operate the hospital like a business. Pension plans in the amount of $92,000,000 have been performing significantly below the index for a number of years, and Mr. Hoover is trying to correct this situation for the benefit of hospital employees. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 528 In concluding her remarks, Commissioner Boseman spoke on being excited about the new appointees and the progress being made at the hospital and stated that she would keep the Commissioners informed as situations continue to develop. Discussion of Blank Bill Introduced by N. C. House Representative Thomas E. Wright Deputy County Manager Atkinson advised that during the Staff Meeting held on Thursday, discussion was held on the blank bill introduced by N. C. House Representative Thomas E. Wright. He asked if the Board would like to forward any legislative goals to the representatives. After discussion of needing more time to discuss legislative goals, the Board agreed for each member to think about proposed goals so discussion can be held at the Staff Meeting scheduled for March 20, 2003. PUBLIC HEARING FOR CONTINUED ITEM FROM FEBRUARY 3, 2003 BOARD MEETING - A REQUEST BY ANDREW & KUSKE FOR A SPECIAL USE PERMIT FOR A HIGH DENSITY DEVELOPMENT OF 264 UNITS ON 20 ACRES OF PROPERTY IN A R-15 RESIDENTIAL DISTRICT ON THE WEST SIDE OF MARKET STREET BEHIND THE FOOD LION AT PORTERS NECK (S-497, 01/03) Chairman Davis reported that Item 3.1 was a continued Public Hearing from the February 3, 2003 meeting of the Board of County Commissioners. This item is a request from Andrew & Kuske to consider issuance of a Special Use Permit to allow a high density development of 264 units to be placed on 20 acres of property located in a Residential District on the west side of Market Street behind the Food Lion at the Porters Neck Shopping Center. At the February 3, meeting, the Board of County Commissioners conducted a Public Hearing and received testimony from the petitioner and persons in favor or opposed to the high density development. The Board of County Commissioners closed the Public Hearing and voted to remand this item back to the Planning Board because of testimony regarding permits for jurisdictional wetlands and stormwater discharged into the cypress pond. Chairman Davis advised that since this item had been advertised as a Public Hearing for the meeting tonight, he would allow any persons who did not present testimony at the last meeting to speak. He explained that since the special use process requires a quasi-judicial hearing, all persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Dean Scarafoni Kenneth Parker John Bauerlein Phil Norris Chad Hogston Chairman Davis asked Planning Director Hayes whether the request was remanded to the Planning Board and if the Planning Board voted 6 to 0 to recommend approval of the request as presented. Planning Director Hayes responded that the Planning Board voted 6 to 0 to recommend approval subject to the access easement on the southern part of the site being changed to a 50-foot public right-of-way. When the plan was remanded to the Planning Board, the two primary issues were questions regarding jurisdictional wetlands and drainage issues involving permits from the U. S. Army Corps of Engineers and the N. C. Division of Water Quality. These issues have now been addressed. Planning Director Hayes entered the following findings into the record: 1.The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The subject property is located within the Ogden Volunteer Fire Department. B. The site has access to Market Street, which is classified by the Thoroughfare Classification Plan as a Major Arterial (U. S. Highway 17). C.The petitioner is extending County water and sewer services to the project. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A site plan which meets the requirements of the Zoning Ordinance has been submitted and reviewed. B. According to the County Engineering Department, there is sufficient area shown on the plan to accommodate stormwater management. Stormwater requirements and water and sewer will be reviewed when construction plans are submitted. C.A Traffic Impact Analysis has been submitted and is under review by the MPO and NCDOT Staff. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings : A.The subject property is zoned R-15 Residential and B-1 Neighborhood Business. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 529 B. High Density development is permitted within the R-15 District provided that the land is classified Urban Transition and there is access to a major or minor arterial. Residential uses are permitted within B-1 Business Districts by Special Use Permit. C. The project is adjacent to an existing commercial shopping center and vacant residential properties in Greenview Ranches. 4. The Board must find that 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 based upon the following findings: A.The site is classified as Urban Transition by the New Hanover County Comprehensive Land Use Plan. The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Residential development can exceed 2.5 units per acre within the Urban Transition area provided the development is adequately designed to be compatible with existing and proposed surrounding land uses and is served by City or County Sewer. B. Housing policies in the Comprehensive Land Use Plan state that “The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing.” Chairman Davis asked Planning Director Hayes if it was correct to assume that Staff was primarily concerned about the provision of a public road connection to the western portion of the property because of potential development in Greenview Ranches. Planning Director Hayes responded that since the developer had agreed to provide a 50-foot right-of-way at the southern end of the property, the concern about potential development in Greenview Ranches has been addressed. Chairman Davis asked if Staff’s concern about site access has been incorporated into the plan. Planning Director Hayes responded that the Traffic Impact Analysis has been conducted and conditions recommended in that study have been incorporated into the plan and will become part of the improvements to the project. After hearing no comments from the members of the Board, Chairman Davis asked if Mr. Kenneth Parker would like to present testimony. Mr. Kenneth Parker, a resident of 937 Greenhowe Drive, spoke on owning11.5 acres of property adjacent to the subject site and stated that any development to the property would be an improvement, particularly with the removal of water from the parcel. He stated that he had known Mr. Scarafoni for a number of years and reported that he did an excellent job in planning and constructing development projects. Mr. Phil Norris, representing Andrew & Kuske Consulting Engineers, advised that he would be glad to answer any questions about the stormwater retention facility or wetlands. Chairman Davis requested an explanation of how the State addressed the issue regarding stormwater discharge into the cypress pond. Mr. Norris reported that a meeting was held on site with officials from the N. C. Division of Water Quality and Mr. Rick Shiver, the local representative. After a review of the existing stormwater retention facility, the State agreed to allow the developer to expand this facility and continue to discharge the stormwater into the cypress pond. Attorney Chad Hogston, representing Mr. Jack Carroll an adjoining property owner, reported that Mr. Carroll was concerned about the 50-foot right-of-way on the southern part of the property being located too close to his property line. In an effort to accommodate this concern, Mr. Scarafoni proposed locating a road 18 feet wide on the far right side of the 50-foot right-of-way. Unfortunately, after meeting with the Planning Director, it was found that the proposed road would have to comply to the following NCDOT standards: •The 18-foot wide road must be located in the center part of the 50-foot right-of-way, not on the right side of the right-of-way. •The 18-foot wide road must be increased to 20 feet, and the roadway must be paved. The developer had planned to use stone or rock. Attorney Hogston reported that Mr. Carroll is primarily concerned about his privacy and the privacy of others living in a quiet private community with private roads. Eventually this road will connect to Market Street and future vehicular traffic will infringe upon the privacy of the community. Mr. Carroll has proposed a 50-foot buffer zone between his property line and the right-of-way. There is sufficient property for Mr. Scarafoni to move the right-of-way over to provide a 50-foot buffer to protect the privacy of the neighborhood. In concluding the presentation, Attorney Hogston advised that Mr. Carroll appreciates the attempts made by Mr. Scarafoni to relocate the road; however, locating a public road next to a private community would not be in harmony with the area and could devalue his property. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 530 Chairman Davis asked Attorney Hogston if he had evidence from a real estate agency to support the claim that the property value would be injured by locating a public road next to the private property. Attorney Hogston responded that he had not contacted a real estate agency. Commissioner Pritchett asked what type of buffer would be located between the developed lots in Country Haven and the new development. Attorney Hogston responded that a 15-foot vegetated buffer would be required. Vice-Chairman Greer requested Attorney Hogston to explain Mr. Carroll’s proposal. Attorney Hogston responded that Mr. Carroll is proposing that the left side of the 50-foot right-of-way will be 50 feet from his property line to provide privacy for the community. Vice-Chairman Greer asked if there was some type of compromise that could be reached between the two parties. Attorney Hogston responded that a compromise could possibly be reached; however, no discussion has been held with Mr. Scarafoni. Commissioner Pritchett noted that using a berm instead of shrubs or trees could assist the parties in reaching a compromise. Chairman Davis asked Planning Director Hayes if the plan presented by Mr. Scarafoni was in compliance with the Comprehensive Land Use Plan. Planning Director Hayes responded that the plan was consistent with the Land Use Plan. Chairman Davis asked if the location of the road next to Mr. Carroll’s private property would be in harmony with the area. Planning Director Hayes responded that the proposed use would be in harmony with area. He advised that Planning Board was primarily concerned about securing the 50-foot right-of-way to expand the road for future development. Hearing no further comments, Chairman Davis requested Mr. Scarafoni to step forward. He asked Mr. Scarafoni if he understood that if the Board denies the Special Use Permit, there is no waiting period for resubmitting the permit. Mr. Scarafoni responded that he was aware of this fact. Chairman Davis asked Mr. Scarafoni if he agreed with the findings of fact as presented by the Planning Staff. Mr. Scarafoni responded that he agreed with the findings as presented by Staff. Chairman Davis asked Mr. Scarafoni if any agreement could be reached on the proposal presented by Mr. Carroll. Mr. Scarafoni responded that he could relocate the road by moving the pond and using a wooden fence with vegetated screening instead of a berm. He requested five minutes to discuss this matter with Attorney Hogston to see if an agreement could be reached so this issue can be resolved tonight. Chairman Davis responded that he would be glad to continue the hearing and asked if any member of the Board would like to comment. Commissioner Pritchett advised that she discussed the plan with Mr. Rick Shiver, the local representative of the N. C. Division of Water Quality, and stated that he had satisfied her questions about the stormwater discharge and wetlands. Hearing no further comments, Chairman Davis recessed the hearing at 6:30 p.m. to allow the parties to see if an agreement could be reached. Chairman Davis reconvened the hearing at 7:00 p.m. and asked Mr. Scarafoni if an agreement had been reached. Mr. Scarafoni advised that an agreement had been reached and stated that the road would be moved further away from the County Haven Subdivision so the edge of the paved road would be 50 feet from Mr. Carroll’s property line. Chairman Davis asked Mr. Hogston if he agreed with the road being moved as explained by Mr. Scarafoni. Attorney Hogston agreed with the relocation of the road. Chairman Davis requested Planning Director Hayes to include the road relocation as part of the site plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 531 Commissioner Pritchett asked if the vegetated buffer and extra space would impact other lots in Country Haven. Mr. Scarafoni responded that the lots referenced by Commissioner Pritchett were owned by Mr. Donald Caison and stated that he was in the meeting where the agreement was reached and he agreed with the relocation of the road. Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to grant the Special Use Permit to Mr. Dean Scarafoni to construct 264 units in an R-15 Residential Zoning District located behind Porters Neck Shopping Center near Market Street subject to the conditions of the Planning Board and change in the site plan to reflect the agreed upon relocation of the road to provide a distance of 50 feet from the paved edge of the road to the Carroll property line based upon the evidence presented and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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 Special Use Permit is hereby incorporated as a part of the minutes and is contained SUP Book III, Page18. PUBLIC HEARING TO CONSIDER A REQUEST FROM CALDER & CALDER FOR WILLIAM PRINGLE TO REZONE 0.53 OF AN ACRE OF PROPERTY LOCATED AT 4219 CASTLE HAYNE ROAD FROM RA- RURAL AGRICULTURAL TO CD(O&I) CONDITIONAL USE OFFICE & INSTITUTIONAL TO OPERATE A DENTAL OFFICE WITHIN AN EXISTING BUILDING (Z-758, 02/03) Chairman Davis opened the Public Hearing and announced that the conditional use process requires a quasi- judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn in: Planning Director Hayes Matthew P. Doyle Planning Director Hayes presented a map and slides of the site and surrounding properties. The petitioner is requesting a rezoning of approximately 0.53 of an acre of property located at 4219 Castle Hayne Road from Rural Agriculture to CD(O&I) Conditional Use Office and Institutional to enable him to operate a dental office within an existing building. According to County records, the building on the property was constructed in 1979 prior to zoning in the Castle Hayne area, and it was used by another dentist to operate a dental practice from 1980 to 2002. In July 1985, zoning was established in Castle Hayne and the use was considered non-conforming; however, pursuant to Article IV of the Zoning Ordinance, the dental operation was allowed to continue. Under Section 46-1 of the Zoning Ordinance, it says that when a non-conforming use is discontinued for a consecutive period of 180 days, the property involved must be used only for conforming purposes. Since the previous dental operation has been closed for more than a year, the property will have to be rezoned to use the building as a dentist office. At the Planning Board meeting held on February 6, 2003, no one spoke in opposition to the proposed CD(O&I) zoning. After a brief discussion about the proposed use and the previous use of the property, the Planning Board voted 6-0 to recommend approval with three conditions: 1.Streetyard landscaping should be added in accordance with Section 67 of the Zoning Ordinance. 2. A two-row buffer should be provided along the southern property line. 3. The proposed sign shall meet the requirements of Section IX of the Zoning Ordinance. The petitioner has submitted a site plan which meets the required landscaping and has agreed to move the sign to meet the appropriate setbacks. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The subject property is located within the Castle Hayne Volunteer Fire Department. B.The site has direct access to Castle Hayne Road (U.S. Highway117). C.The site is served by a private well and septic tank. D.The proposed use will occur in an existing building. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 532 A.There are 14 existing parking spaces which meets the minimum parking requirements for medical clinics. B.No new buildings are proposed. 3.The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The subject property has historically been used as a dentist office. B. No additions or new buildings are proposed. C. Medical offices are permitted within the O&I District. 4. The Board must find that 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 based upon the following findings: A.The site is classified as Resource Protection by the New Hanover County Comprehensive Land Use Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B.No additional land disturbance is proposed. Chairman Davis asked if the petitioner had agreed to the conditions recommended by the Planning Board. Planning Director Hayes responded that the petitioner agreed to the conditions recommended by the Planning Board and stated that he did an excellent job of incorporating the design changes into the plan. Vice-Chairman Greer requested an explanation of a two-row buffer. Planning Director Hayes explained that a two or three row buffer would be comprised of shrubs, canopy trees and smaller under-story trees to create a natural buffer that cannot be seen through once the trees mature. Chairman Davis asked if anyone from the audience had signed up to speak. Hearing no comments, Chairman Davis asked if the petitioner would like to speak. Mr. Matthew Doyle, an attorney representing the petitioner, Dr. William Pringle D.D.S., advised that he would be glad to answer any questions. Chairman Davis asked Mr. Doyle if the petitioner understood that if the Board should deny the request, it would be one year before the rezoning request could be resubmitted. Mr. Doyle responded that the petitioner was aware of this fact. Chairman Davis asked Mr. Doyle if the petitioner wanted the Board to proceed with hearing the zoning case. Mr. Doyle responded that the petitioner would like for the case to be heard by the Board. Chairman Davis asked Attorney Doyle if the petitioner agreed with the proposed findings of fact. Mr. Doyle responded that the petitioner concurred with the proposed findings of fact as presented by the Planning Director. He informed the Board that Dr. Pringle will be using the footprint of the building as originally planned for a dentist office and stated that no changes would be made to the structure. He also noted that Dr. Pringle had contacted the three adjoining property owners and they were not opposed to reopening the dental office. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion on the rezoning request. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to rezone 0.53 of an acre of property located at 4219 Castle Hayne Road from RA Rural Agricultural to CD (O&I) Conditional Use Office & Institutional. 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 ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, the Castle Hayne Section, Page 23. Chairman Davis called for a motion to grant the Special Use Permit. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to grant a Special Use Permit to Dr. William Pringle, D.D.S. to operate a dentist office located at 4219 Castle Hayne Road subject to the three conditions NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 533 recommended by the Planning Board based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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. Mr. Doyle informed the Board that all three conditions had already been addressed by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 18. PUBLIC HEARING TO CONSIDER A REQUEST FROM EARL WORSLEY FOR WEBCON, INC. TO REZONE APPROXIMATELY 47.26 ACRES OF PROPERTY LOCATED AT 5646 LOBOS LANE BEHIND THE CIRCLE K HORSE FARM AND ADJACENT TO AND SOUTH OF THE BREWSTER PLACE SUBDIVISION FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-759, 02/03) Chairman Davis opened the Public Hearing and requested Planning Director Hayes to make a presentation. Planning Director Hayes presented a map and slides of the site and surrounding properties and reported that the petitioner is requesting the Board to rezone approximately 47.26 acres of property from R-15 Residential to R-10 Residential. The site was used as a demolition debris landfill for a number of years and if the zoning is approved, the site will be cleaned and turned into residential lawns. The subject property is located near the rapidly developing Monkey Junction area and adjacent to the Brewster Place Subdivision which is a developing R-10 residential project. Under performance residential criteria, the proposed rezoning would allow for 38 additional units, not 18 units as referenced in the agenda packet. Public utilities have already been extended to Brewster Place and these services can be extended to the subject property. In 1999, a similar rezoning request was denied for the subject property because utilities had not been extended to the second phase of Brewster Place and access to the property was inadequate. Since that time, Marquette Drive has been extended through Brewster Place and a street stub has been provided for the subject property. In addition a second road connection is proposed further west and will be constructed as Brewster Place continues to develop. Previously the only access to the subject property was from the east through Vallie Lane, which is a private access easement serving several parcels of land including those parcels utilized by the Circle K Horse Farm. This eastern access will be improved at a future time if the property used by the horse farm is developed. While the proposed zoning is a logical extension of the adjacent R-10 District, there are some environmental factors that will need to be evaluated when development proposals are considered. On the western end of the property there is a swamp forest area which is protected by Conservation Overlay District requirements. The 100 year flood plain also extends into a significant portion of the property. In addition, the subject property has been used as a borrow pit on the western end leaving a large pond, and the eastern portion was used as a dump for construction debris. Cleaning up the dump site would benefit the neighborhood; however, it would be prudent for the developer to conduct an environmental assessment of the property prior to any land disturbance. Planning Director Hayes advised that during the Planning Board meeting held on February 6, 2003, the petitioner presented his request for rezoning the property, and no one spoke in opposition. The Planning Board expressed concern that the only access to the site was through another subdivision. However, upon further discussion, the Planning Board determined that the zoning would not affect the access and the additional units would not add a significant number of trips over those that could be generated under the existing R-15 zoning. The Planning Board voted 6-0 to recommend approval. Chairman Davis asked if the use was consistent with the Comprehensive Land Use Plan. Planning Director Hayes responded that the use was consistent with the Comprehensive Land Use Plan. Commissioner Pritchett asked if the site was used as a legal or illegal dump. Planning Director Hayes responded that dumping operations occurred in previous years that were probably not permitted because the State and County had some issues of concern. The primary issue was discovering that materials other than construction debris had been dumped on the site. This was why Staff recommended that the petitioner conduct an environmental assessment before marketing and selling the property. Commissioner Pritchett asked if the owner would be assisted by the State with cleaning up the site. Planning Director Hayes advised that if contaminated materials are found on the site, there are funds available to assist the property owner with cleaning up the site. Chairman Davis asked the petitioner to step forward and state his name and address for the record. Mr. Earl Worsley, Jr., the petitioner, stated that his address was 1808 Verrazzano Drive, Wilmington, N. C. Chairman Davis requested Mr. Worsley to inform the Board about Webcon Inc. Mr. Worsley responded that the company is named after the initials of Mr. Wilson Earl Blackburn, the owner NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 10, 2003PAGE 534 of the company who lives in Smithfield, N. C. Chairman Davis asked Mr. Worsley if the petitioner was aware of the fact that if the petition is denied by the Board, he will have to wait a year before the petition can be resubmitted. Mr. Worsley responded that the petitioner was aware of this fact. Chairman Davis asked Mr. Worsley if he would like to comment on the rezoning request. Mr. Worsley advised that the process to rezone the property began in January 2003 when he solicited input from the Planning Department. Based upon the information received, he determined that the property had central water and sewer available as well as access to the adjoining subdivision known as Brewster Place. There is also a secondary road access to the property off Lobos Lane, which is an easement that connects to Carolina Beach Road. If the request is approved, the density will be increased by approximately 25 units, and the site will be cleaned up to construct affordable houses that are needed in this area. In discussion of the number of units that could be built on the property, Vice-Chairman Greer asked if 18, 25, or 38 units could be constructed on the property. Planning Director Hayes apologized for the error and advised that the figures of 18, 25, and 38 were not correct because the rear portion of the property is located in the flood plain which has a density of 2.5 units per acre regardless of the zoning. He stated that the number of units would be less than 38. Commissioner Pritchett asked if a traffic impact study was required. Planning Director Hayes responded that a traffic impact study was not required because the number of vehicle trips would not be significantly increased. Chairman Davis asked if anyone from the audience would like to speak in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing. He requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve rezoning approximately 47.26 acres of property located at 5646 Lobos Lane behind the Circle K Horse Farm adjacent to the Brewster Place Subdivision from R-15 Residential to R-10 Residential. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition. A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 63. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow anyone from the audience to present an item that was not listed on the agenda. He requested all persons to limit their remarks to three minutes. No items were presented. MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION Chairman Davis advised that the Assistant County Attorney has requested a Closed Session to discuss pending litigation pursuant to N.C.G.S. 143-318.11(a)(3). He called for a motion to convene to Closed Session. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to convene to Closed Session to discuss pending litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 7:05 p.m. Chairman Davis reconvened to Regular Session at 7:35 p.m. He announced that no action was taken by the Board of County Commissioners in Closed Session. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 7:36 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board