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2003-05-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 593 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 5, 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; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; 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 Mr. Michael J. Cooper, Elder at the Prayer and Bible Church, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. INTRODUCTION OF THE NEW DIRECTOR OF EMERGENCY MANAGEMENT County Manager O’Neal introduced Mr. Warren Lee, the new Director of Emergency Management, and advised that he came highly recommended by the officials from Lee County. Mr. Lee will officially begin work on May 19, 2003, and he is now in town working with Director Dan Summers to become more acquainted with the community and location of various types of equipment. On behalf of the Board, Chairman Davis welcomed Mr. Lee to New Hanover County and stated that members of the Board were looking forward to working with him. 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. After hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Boseman 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 Reimbursement to the Town of Carolina Beach for Construction of Two "Hatteras Ramps" for Dune Protection The Commissioners approved reimbursement in the amount of $16,800 from the Room Occupancy Tax Fund to the Town of Carolina Beach for the construction of two "Hatteras ramps" to allow vehicles access to the beach. The Port, Waterway and Beach Commission endorsed the recommendation. Authorization for New Hanover Transportation Services to Enter into an Agreement with Lowe's Home Improvement Center, Inc. to Establish a Shuttle Stop and Park-and-Ride Facility The Commissioners approved an agreement between New Hanover Transportation Services and Lowe’s Home Improvement Center, Inc., to establish a shuttle stop and park-and-ride facility in the Lowe’s parking lot at Monkey Junction. New Hanover Transportation Services (NHTS) and the Wilmington Transit Authority (WTA), through a collaborative partnership, will provide a shuttle for the pilot park-and-ride program to operate twice a day Monday through Friday to provide transportation from the Lowe's parking lot to the downtown area. The park-and-ride program is a creative solution to reduce the number of single occupant automobiles during the morning and afternoon peak demand hours. The agreement has been reviewed and approved by the Legal Department. A copy of the agreement is on file in the Legal Department. Authorization for the Retired and Senior Volunteer Program (RSVP) to Apply for a Program of National Significance Grant The Commissioners approved a request from the Retired and Senior Volunteer Program (RSVP) to apply for a Program of National Significance Grant in the amount of $45,000. The Corporation for National Services, the federal funding source for RSVP, has made expansion grants available to current RSVP sponsors which will allow local projects to expand their federal funding levels. The County’s proposal will include a project involving RSVP volunteers in "Homeland Security" as defined by the Corporation along with disaster preparedness and recovery. No cash match is required from the County. The County Manager was authorized to accept the grant if approved, and to approve the related budget amendment if the grant is awarded. Adoption of a Resolution Awarding Procurement of Vitals Software from Hart Intercivic, Inc., the Sole Source Provider, through an Amendment to Contract #00-0282 The Commissioners adopted a resolution awarding procurement of Vitals Software from Hart Intercivic, Inc., in the amount of $72,597 as a sole source procurement through an amendment to Contract # 00-0282. The acquisition of the Vitals software is part of the upgrade of the Register of Deeds applications, which will provide a platform for efficient work flow and enable the Register of Deeds to serve the public more efficiently. The County Manager was authorized to sign the contract amendment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 594 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 11.1. A copy of the contract amendment is on file in the Legal Department. Authorization for the Planning Department to Submit a Pre-application Proposal to the CAMA Public Beach and Waterfront Access Program The Commissioners authorized the Planning Department to submit a Pre-Application Proposal to the CAMA Public Beach and Waterfront Access Program for a grant to provide access to the Intracoastal Waterway. Through the Hazard Mitigation Grant Program using State funds, the County purchased a 7-acre parcel including an island off the Intracoastal Waterway earlier this year. A house sits on the property. As a condition of the grant program, the house cannot be used but the State will pay for the house to be torn down. The property cannot be sold; however, it has potential to be developed into a passive waterfront park. If the grant is awarded, the County will be required to contribute at least 25% of the total project with half of the contribution paid in cash. Submission of the grant application does not obligate the County. Input from the Parks Advisory Board must be received and detailed plans have to be developed by Staff in order to estimate the cost of the project. The final package will be presented to the Board for final approval at a later date. Approval of Budget Amendment #03-0168-Non-Departmental: The Commissioners approved the following Budget Amendment: Budget Amendment #03-0168-Non-Departmental Adjustment Debit Credit Contingencies$24,282 City of Wilmington$24,282 Explanation: To transfer funds from Contingency to fund the County's share of the External Cordon Survey Project, which is being conducted on behalf of the Wilmington Urban Area Metropolitan Planning Organization (MPO). The purpose of the External Cordon Survey project is to determine origin and destination of travelers entering, leaving, or simply passing through the greater Wilmington area. This project will provide data that is critical to the development of the Regional Travel Demand Model and subsequently the Long Range Transportation Plan. Completion of the Long Range Transportation Plan is a requirement for the continued receipt of federal transportation funds to the Wilmington area. These travel surveys are typically necessary only once every 20 or more years. Approval of Budget Amendment #03-0171-Juvenile day Reporting Center-Schools: The Commissioners approved the following Budget Amendment: Budget Amendment #03-0171-Juvenile day Reporting Center-Schools Adjustment Debit Credit Contribution from Schools$65,686 Salaries$53,000 Supplies$12,686 Explanation: To increase the budget as a result of an increase in funding provided by New Hanover County Schools. Approval of Budget Amendment #03-0173-Fire Services District: The Commissioners approved the following Budget Amendment: Budget Amendment #03-0173-Fire Services District Adjustment Debit Credit Installment Loan Proceeds$1,316,901 Installment Lease Payments$1,316,901 Explanation: To budget proceeds from Certificates of Participation Series 2003 to pay off installment debt for the pumper tanker and the Federal Point Volunteer Fire Department (for accounting purposes only). Approval of Budget Amendment #03-0174-General Fund: The Commissioners approved the following Budget Amendment: Budget Amendment #03-0174-General Fund Adjustment Debit Credit Installment Loan Proceeds$3,580,000 Installment Lease Payments$3,580,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 595 Explanation: To budget proceeds from Certificates of Participation Series 2003 to pay off installment debt for the County owned Annex Administrative Building at Marketplace Mall (for accounting purposes only). Approval of Budget Amendment#2003-37-Masons Inlet/Room Occupancy Tax: The Commissioners approved the following Budget Amendment: Budget Amendment #2003-37-Masons Inlet/Room Occupancy Tax Adjustment Debit Credit Mason Inlet-Maintenance: Transfer in from ROTS$26,000 Extended Project Expense$26,000 Room Occupancy Tax Fund: Appropriate Fund Balance$26,000 Transfer to Capital Projects$26,000 Explanation: To budget an additional transfer from Room Occupancy Tax Fund to the Mason Inlet Project for maintenance. ADOPTION OF PROCLAMATION DECLARING MAY AS FOSTER CARE MONTH Mr. LaVaughn Nesmith, Director of Social Services, paid tribute to foster parents who provide love and care to children without a home. He advised that abused children would not have a chance to repair the trauma and pain from abusive families without these special people. Chairman Davis requested Commissioner Pritchett to read the proclamation into the record. Commissioner Pritchett read the proclamation and expressed appreciation to the dedicated foster parents who provide special care and love to these children. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a proclamation declaring May, 2003 as Foster Care Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Commissioner Pritchett presented the proclamation to Director Nesmith and the foster parents. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 11.2. ADOPTION OF A RESOLUTION PROCLAIMING NEW HANOVER COUNTY AS A BICYCLE FRIENDLY COMMUNITY AND MAY AS BICYCLE AWARENESS MONTH Mr. Chris O’Keefe, Senior Planner in the County Planning Department, advised that the following activities have been planned for Bicycle Awareness Month in New Hanover County: Ride Your Bike to Work WeekMay 12-16, 2003 Dedication of Bike Racks Installed by DAREMay 15, 2003 44 Mile Bicycle Ride beginning at Moore’s Creek BattlefieldMay 24, 2003 Mr. O’Keefe expressed appreciation to the Board for the support given to the Bicycle Advisory Committee in making it possible to achieve headway in making New Hanover County a Bicycle Friendly Community. Chairman Davis requested Commissioner Boseman to read the proclamation into the record. Commissioner Boseman read the proclamation and expressed appreciation to Mr. O’Keefe for the time and effort given to promote bicycle safety in New Hanover County. Chairman Davis called for a motion to adopt the proclamation. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt a resolution declaring New Hanover County as a Bicycle Friendly Community and designating May, 2003 as Bicycle Awareness Month in New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. On behalf of the Board, Commissioner Boseman presented the resolution to Mr. O’Keefe. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 11.3. ADOPTION OF PROCLAMATION DECLARING MAY 22, 2003 AS IN NEW NATIONAL MARITIME DAY HANOVER COUNTY Mr. Richard D. Eisenman, a member of the Navy League of the United States, reported that the Navy League of the United States was celebrating the seventh annual National Maritime Day Festival on May 18, 2003. During the past three months, all citizens have witnessed the value of the Port of Wilmington to the entire region, state and country. The Armed Forces of the United States have shipped every type of equipment, including tanks, airplanes and munitions NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 596 from the Wilmington Port. Due to security, it was not known if the Maritime Day Festival could be held; however, since the war in Iraq has ended, the festival will be held as planned. Chairman Davis requested Commissioner Caster to read the proclamation into the record. Commissioner Caster read the proclamation and stated that Mr. Richard Eisenman and his wife, Shirley, were avid supporters of the Navy League even though Mr. Eisenman served in the United States Army. Chairman Davis requested a motion to adopt the proclamation. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt a proclamation declaring May 22, 2003 as National Maritime Day in New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. On behalf of the Board, Commissioner Caster presented the proclamation to Mr. Eisenman. He urged all citizens to attend the Port of Wilmington Maritime Day at the N. C. State Port on Sunday, May 18, 2003, to honor past and present members of the American Merchant Marines. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 11.4. SECOND READING OF AMENDMENT TO THE NEW HANOVER COUNTY CODE OF ORDINANCES, CHAPTER 59, WATERWAYS, ARTICLE IV, PERSONAL WATERCRAFT SAFETY, SECTION 59-118, PENALTIES County Manager O’Neal announced that the second reading of the ordinance was being held because Chairman Davis was not present at the first reading held on April 21, 2003. He advised that Chapter 59, Section 59-118 was being deleted and substituted with the following language: Chapter 59, Waterways, Article IV, Personal Watercraft Safety, Section 59-118 Section 59-118. Penalties (delete current wording and substitute the following) (a) Any person who shall violate the provisions of this article shall be guilty of a class 3 misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 30 days, in the discretion of the court as provided by G.S. 14-4. (b) Any person who violates the provisions of this article may receive a citation which subjects the offender to a civil penalty of $100 for a first offense, $300 for a second offense and $500 for a third or subsequent offense. The penalty may be recovered by the County in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after being cited. (c) This article may be enforced by any one or more sanctions, penalties and punishments specified in this section. Each day of a continuing violation shall constitute a separate offense under this article. Hearing no further comments, Chairman Davis called for a motion to adopt the ordinance. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve the ordinance amendments to Chapter 59, Waterways, Article IV, Personal Watercraft Safety, Section 59-118, Penalties of the New Hanover County Code upon the second reading to increase penalties for persons violating safety regulations while operating personal watercraft on the waters of the New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 11.5. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE BOARD OF EQUALIZATION AND REVIEW Chairman Davis convened from Regular Session at 5:45 p.m to hold a regular meeting of the 2003 New Hanover County Board of Equalization and Review. Chairman Davis reconvened to Regular Session at 5:51 p.m. ADDITIONAL ITEMS Discussion of the Plant Giant Salvinia Commissioner Caster reported on attending a meeting with Mr. Greg Walker, Director of the Cape Fear Resources Conservation and Development, Inc., and officials with the Pender County Extension Service, and U.S. Department of Interior concerning an aquatic plant from South America known as the Giant Salvinia that has been found in some parts of Brunswick County and two small areas in New Hanover County. This plant is a free floating fern that grows in fresh water and under favorable conditions can form dense mats that can double in size within 7 to 10 days. These mats can clog waterways, drainage ditches and degrade the water quality creating severe problems. There are grant funds available to eradicate the plant, and the Board of County Commissioners may be requested to adopt a resolution of support to assist the N. C. Giant Salvinia Task Force with securing funds to destroy the plant. Commissioner Caster advised that after the meeting, he contacted Health Director David Rice to alert him about the plant. This information was passed to the Vector Control Division of the Health Department so when County employees are spraying for mosquitoes, they could check to see if the plant is growing in drainage ditches or in areas NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 597 around water. In further discussion of what should be done if the plant is encountered, Commissioner Caster suggested calling Mr. Wayne Batten with the N. C. Giant Salvinia Task Force at the Pender County Extension Office (910) 259-1235. Report on Attending the 50 th Anniversary of the Myrtle Grove Volunteer Fire Department th Commissioner Caster reported that he and Commissioner Pritchett attended the 50 Anniversary of the Myrtle Grove Volunteer Fire Department and stated it was a nice event and well attended. Some outstanding awards were presented to Chief Philip Lewis and Assistant Chief David Raines. Discussion of the Park-and-Ride South Program Commissioner Boseman recognized Ms. Lawless Bean, the City Transportation Demand Management Coordinator, and stated that on May 12, 2003, the kick-off for the Park-and Ride South transportation pilot program will be held at the Monkey Junction Lowe’s Home Improvement Center. In an effort to better control traffic during peak morning and evening hours, a free shuttle service will pick up employees at Lowe’s beginning at 7:15 a.m stopping at the New Hanover County Schools Transportation Complex, New Hanover Regional Medical Center, Department of Social Services and Thalian Hall. Free parking is available at Lowe’s parking lot, and all shuttle buses will have a logo or sign identifying each vehicle. In closing, Commissioner Boseman requested Ms. Bean to comment on the pilot program. Ms. Bean spoke on this program being a joint effort of the City of Wilmington, New Hanover County, and the N. C. Department of Transportation and stated that vehicles will be provided by the Wilmington Transit Authority and New Hanover Transportation Services. The purpose of the pilot program is to reduce the number of single occupant automobiles during peak traffic hours to relieve traffic congestion. In closing, Ms. Bean urged government employees to participate in the program, and she expressed appreciation to the Board of County Commissioners and County Staff for their support. Report on Legislative Weekend County Manager O’Neal advised that N. C. House Representative Carolyn H. Justice was most appreciative of the effort given by sponsors of the Legislative Weekend. She said that many comments were received from members of the N. C. Senate and N. C. House about how much they had learned about the area. Commissioner Pritchett also spoke on the success of the weekend and stated that not only were the legislators informed our needs but they were shown what has been accomplished with past funding provided to the area. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 5:51 p.m. Chairman Davis reconvened to Regular Session at 6:30 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY FUTCH CREEK PROPERTIES LLC TO REZONE APPROXIMATELY 9.84 ACRES OF PROPERTY LOCATED IN THE 8700 BLOCK OF MARKET STREET NORTH OF FUTCH CREEK ROAD FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z- 761, 03/03) Chairman Davis opened the Public Hearing and announced that 15 minutes would be allowed to receive comments from both sides, persons in favor and opposed to the rezoning request. He requested all parties to avoid redundancy if at all possible and to adhere to the time frame. Chairman Davis requested the Planning Director to make a presentation on behalf of the Planning Board and Planning Staff. Planning Director Dexter Hayes presented a map showing the Porters Neck/Kirkland area in the northern part of the County, the subject property, the proposed interchange for the 17 By-Pass and surrounding properties. He advised that the petitioner was requesting the Board to consider rezoning approximately 9.84 acres of property located in the 8700 Block of Market Street across from Stephens Church Road from R-15 Residential to B-1 Neighborhood Business. Traffic patterns that will be established with construction of the by-pass interchange were also shown on the map, including the service road to the property. When the rezoning request was heard by the Planning Board on April 10, 2003, no one spoke in support or in opposition. One Planning Board member asked if the proposed zoning was consistent with the preliminary recommendations from the 17 By-Pass Committee. Staff explained that the Neighborhood Commercial Use would be consistent with the Committee’s recommendations. The Planning Board voted 5 to 0 to approve the rezoning request. Chairman Davis asked if the rezoning would be consistent with the Comprehensive Land Use Plan. Planning Director Hayes responded that the request was consistent with the Comprehensive Land Use Plan. Chairman Davis asked if the Planning Staff was in favor of the proposed rezoning. Planning Director Hayes responded that the Planning Staff was in favor of the rezoning. Chairman Davis noted that the information presented in the agenda packet indicated that the proposed NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 598 development would have a minimal impact on the Futch Creek Watershed and he requested Planning Director Hayes to comment on this issue. Planning Director Hayes advised that the project is located at the headwaters of Futch Creek; therefore, the petitioner had to comply with all County stormwater policies and regulations of the N. C. Division of Water Quality. These requirements have been met, and there will be a minimal impact to the Futch Creek Watershed. Chairman Davis asked if the petitioner would like to comment. Mr. Robert High, the petitioner, requested the Board to approve the rezoning because of changes occurring in northern New Hanover County. He advised that a four lane access road would be constructed in front of the property and the 17 By-Pass will be located just south of the property. When preparing the plan, it was decided not to use the residential lots located along the access road. The plan is to construct 325 homes directly behind the property. The residents will be able to access the property without having to travel Market Street and basic services will be nearby without having to drive on Market Street. Careful consideration has been given to controlling drainage and a wetland restoration project was constructed to protect this environmentally sensitive area. This project was accomplished by working with the Planning Staff and Buck Engineering Company, the firm hired by the County, to develop a drainage plan that will be useful for the entire area, not just the 9.4 acres. In closing, Mr. High noted that in an effort to protect this environmentally sensitive area, a large portion of the property had been used for buffer setbacks, power easements, and retention areas. The concept has been for the residents to enjoy a community atmosphere with low level neighborhood services provided to meet basic needs without the need to cross Market Street. Mr. High presented letters of support for the development. Chairman Davis requested the Clerk to include the letters as part of the record. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in favor of the rezoning. No comments were received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the rezoning. No comments were received. Chairman Davis closed the Public Hearing. He asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the request by Futch Creek Properties LLC to rezone approximately 9.84 acres located in the 8700 block of Market Street, north of Futch Creek Road from R-15 Residential to B-1 Neighborhood Business as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 46. Letters of support, marked Exhibit I, are hereby incorporated as a part of the record and are on file in the Clerk’s office. PUBLIC HEARING TO CONSIDER A REQUEST BY GORDON ROAD INVESTMENT PARTNERSHIP TO REZONE APPROXIMATELY 5.20 ACRES OF PROPERTY LOCATED AT THE INTERSECTION OF GORDON ROAD AND OGDEN PARK DRIVE FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTIONAL (Z-757, 11/02) Chairman Davis opened the Public Hearing and announced that 15 minutes would be allowed for the petitioner to make a presentation and 15 minutes would be allowed for the opponents to make a presentation. A five-minute cross examination/rebuttal period will be allowed for the petitioner and the for opponents. He requested all persons speaking to avoid redundancy and to adhere to the time frame. Chairman Davis requested Planning Director Hayes to make a presentation on behalf of the Planning Board and Planning Staff. Planning Director Hayes presented a map and slides of the 5.20 acres of property located at the intersection of Gordon Road and Ogden Park Drive. He advised that the Gordon Road Investment Partnership submitted a petition to rezone the property from R-15 Residential to O&I Office and Institutional. Slides were presented showing surrounding neighbors and industrial development across the road from the property with a variety of uses including convenience service stations, office and institutional uses and industrial uses. Further west on Gordon Road, there is a personal care facility and several residential developments. Zoning on the north side of Gordon Road is primarily residential; however, the uses are predominantly institutional with the location of Ogden Park and Eaton Elementary School. The subject property is in a transitional area between more intense land uses and residential developments to the west and along the north side of Gordon Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 599 This item was continued from two different Planning Board Public Hearings, one in November 2002 and one in January 2003. The original petition was to rezone the property from R-15 to B-1. The petitioner amended the petition in January to request O&I zoning which was supported by the Planning Staff. At the January meeting, the petitioner sold part of the property and was not certain if the buyer wanted it rezoned. The Planning Board indicated that all three properties included in the petition should have the same zoning and voted to table this item until the petitioner contacted his client. After contacting Mr. Wicker, the current property owner, a decision was made to move forward with the Office and Institutional zoning. Staff recommends approval of the rezoning. At the Planning Board meeting held on April 1, 2003, Reverend Wooten, representing Gateway Church, and the petitioner presented a petition to rezone the property to O&I Office and Institutional zoning. No one spoke in favor or in opposition to the proposed rezoning. The Planning Staff reviewed the history of the subject property and recommended approval of a straight O&I Office and Institutional zoning. The Planning Board voted 5-0 to recommend approval of the O&I zoning.. Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett requested an explanation of uses that are permitted in a straight O&I Zoning District. Planning Director Hayes explained that in a straight Office and Institutional Zoning District only office and institutional uses are permitted. There are no retail uses, and a majority of the uses are offices for doctors, dentists, real estate businesses, and banks. Commissioner Pritchett stated that she asked the question because of concern for any type of business that would become an attractive place for children attending Eaton Elementary School to visit for the purchase of candy or other items. Planning Director Hayes advised that during the planning process, this issue was discussed and this was one reason for the proposed straight O&I zoning. Chairman Davis asked if the petitioner would like to speak. After realizing that no one was present, Chairman Davis requested the record to reflect that the petitioner was not present. Chairman Davis asked if anyone from the audience would like to speak in favor of the request. Hearing no comments, 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 and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the request by Gordon Road Investment Partnership to rezone approximately 5.20 acres of property located at the intersection of Gordon Road and Ogden Park Drive from R-15 Residential to straight O&I Office and Institutional zoning as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 52. PUBLIC HEARING TO CONSIDER A REQUEST FROM BARBARA MORRIS FOR A SPECIAL USE PERMIT TO OPERATE A CHILD DAY CARE FACILITY FOR EIGHT CHILDREN LOCATED AT 822 SAGO BAY DRIVE IN AN R-15 RESIDENTIAL ZONING DISTRICT Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in by the Clerk to the Board: Dexter Hayes Gail L. Marsh Chairman Davis announced that 15 minutes will be allowed to receive comments from the applicant and15 minutes for opponents regarding the issuance of a Special Use Permit to expand a child day care facility located at 822 Sago Bay Drive. Following these presentations, a 5-minute cross examination/rebuttal period will be allowed for the petitioner and opponents. He requested all parties to avoid redundancy if at all possible and to adhere to the time frame. Chairman Davis requested the Planning Director to make a presentation. Planning Director Hayes reported that Ms. Barbara Morris submitted a request for a Special Use Permit to expand an in-home day care facility located off Carolina Beach Road at 822 Sago Bay Drive. A map and slides were presented of the home where the day care facility is located and of surrounding properties. Planning Director Hayes advised that when the petitioner, Barbara Morris, presented her request at the April 10, 2003, Planning Board meeting to expand her in-home day care from five (5) children to eight (8) children, no one spoke in support or in opposition to the request. The Planning Board voted 5-0 to recommend approval with no additional conditions. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 600 Planning Director Hayes presented the following Staff findings: 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 Myrtle Grove Volunteer Fire Department. B. The site has access to Sago Bay Drive which is a public right-of-way. (SR 2400) C. The site is served by private water and sewer. D. The proposed use will occur in an existing home and with no modifications or enlargements of the structure. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. There is sufficient space for parking for one (1) employee and four (4) off-street spaces. B. There is an area designated for pick-up and drop-off with ingress and egress provided in a manner to provide access without backing onto the public right-of-way. C. There is an existing fenced play area in the back yard to provide a play area for the children. D. Outside signs for the facility shall not exceed two (2) square feet. No signs are proposed. E. Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and other applicable federal, state or local codes. F. 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 is located in an R-15 Residential District. B. Child day care facilities are permitted by Special Use Permit in all residential districts. 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 limited transition by the Comprehensive Land Use Plan. The purpose of the limited transition class is to provide for development in areas that will have some services, but at lower densities than those associated with Urban Transition. B. Several policies in the Comprehensive Land Use Plan support establishing programs for elderly, special needs, and children. Chairman Davis asked if the applicant would like to speak. Ms. Gail L. Marsh, representing her mother Ms. Barbara Morris the applicant, requested the Board to grant the Special Use Permit to allow her mother to keep eight (8) children. Chairman Davis asked Ms. Marsh if she agreed with the findings of facts as presented by the Planning Director. Ms. Marsh agreed with the findings of fact. Commissioner Pritchett stated that it was her understanding that five children would be kept all day with three additional children after school. Ms. Marsh concurred with the statement made by Commissioner Pritchett. Chairman Davis asked if any person in the audience would like to testify in favor of granting the Special Use Permit. Hearing no comments, Chairman Davis asked if any person in the audience would like to testify in opposition to issuance of the Special Use Permit. Hearing no comments, Chairman Davis closed the Public Hearing. Chairman Davis requested direction from the Board. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to grant a Special Use Permit to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 601 Ms. Barbara Morris to expand her in-home day care facility located at 822 Sago Drive, Wilmington, North Carolina, from five (5) children to eight (8) children 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 property 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 in SUP Book III, Page 19. PUBLIC HEARING TO CONSIDER A REQUEST BY ED LOWE FOR A SPECIAL USE PERMIT TO INCLUDE ADJACENT PROPERTY IN AN R-15 RESIDENTIAL ZONING DISTRICT AS PART OF THE EXISTING MASONBORO BOAT YARD COMMERCIAL MARINA LOCATED AT 609 TRAILS END ROAD (S-500, 4/03) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn-in by the Clerk to the Board. Dexter Hayes Ed Lowe Jonelle D. Lowe Tamara Avis Smith John Coble Chairman Davis announced that 15 minutes will be allowed for the applicant to make a presentation and 15 minutes for persons opposed to issuance of the Special Use Permit. Following these presentations, a 5-minute cross examination/rebuttal period will be allowed for the applicant and opponents. He requested all parties to avoid redundancy if at all possible and to adhere to the time frame. Chairman Davis requested the Planning Director to make a presentation. Planning Director Dexter Hayes presented a map and slides of the property and reported that the applicant, Mr. Ed Lowe, has requested a Special Use Permit to expand his commercial marina, known as Masonboro Boat Yard Commercial Marina, located in a residential area. The request is to expand the operation of the marina into the rectangular piece of property located north of the Trails End Restaurant. The plan in the agenda packet shows existing parking, the existing marina, and the R-15 area for the expansion. The Special Use Permit is needed for the commercial marina office and additional parking in the R-15 Residential District. At the Planning Board meeting held on April 10, 2003, there were several questions regarding the number of parking spaces, impervious surfaces and stormwater associated with the proposed expansion. The attorney for the neighborhood south of the subject property requested that a fence be provided to protect an adjacent residence. After some discussion about retaining the existing vegetation and buffering, the Planning Board voted 5-0 to recommend approval with two conditions: (1) no trees more than 4 inches DBH or greater could be removed from the property; and (2) if the adjacent neighbor to the south requests a fence, the petitioner shall construct a 5-foot privacy fence within 45 days of the request. This means that if the adjoining property owner should make a request for a privacy fence any time in the future, the marina owner would have to comply within 45 days. Planning Director Hayes presented the following Staff findings: 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 Myrtle Grove Volunteer Fire Department. B. The site has access to Trails End Road, through a public right-of-way and to Purviance Avenue, through public a right-of-way that extends to Whiskey Creek which is only partially open and provides access to the marina. C. The site is served by private water and County sewer. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. The proposed commercial marina activities in the R-15 Residential District are parking and office uses. B. The proposed site plan shows the removal of the existing office building, the conversion of a portion of an existing structure into an office for the marina, and the addition of 16 unpaved off-street parking spaces. No new buildings are proposed. C. A minimum of one (1) off-street parking space for two (2) dry storage slips shall be provided. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 602 D. A buffer in compliance with Section 67 shall be provided along all property lines abutting residential property. E. Night lighting by design and construction shall be contained on the site. F. A site plan shall be submitted for review and approval. G. It can be demonstrated that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 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 located in an R-15 Residential District. B.Commercial marinas are permitted by Special Use Permit in residential districts. C. The adjacent property is part of the existing Trails End Restaurant Special Use Permit for a historic restaurant. The existing vegetation between the properties should provide adequate protection for both properties. 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 conservation by the Comprehensive Land Use Plan. The purpose of the conservation class is to provide for effective long- term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values. Planning Director Hayes advised that the concerns of the Planning Staff have been addressed by the conditions imposed on the Special Use Permit by the Planning Board. Planning Director Hayes advised the applicant will testify that he would like to continue with the same parking ratio approved for the use some years ago. Commissioner Caster requested an explanation of the parking ratios. Planning Director Hayes explained that when original parking was established for the facility, the ratio was based on one (1) space for four ( 4) dry slips; however, this ratio does not comply with the existing requirement of one (1) space for two (2) dry slips. Vice-Chairman Greer asked if the current requirement of one (1) space for two (2) dry slips, means the applicant can build 32 more dry storage spaces. Planning Director Hayes responded that 32 more dry storage spaces could be built if this standard is applied to the entire facility. Staff feels that if the facility is being expanded with additional parking, the question is whether the entire facility should comply with the new standards or whether the old standard should be applied to the existing facility. The number of boat storage spaces is based upon the number of parking spaces. If the old standard is applied, the applicant would be able to continue the ratio of one (1) space for four (4) dry slips. Chairman Davis asked if the request was consistent with the Comprehensive Land Use Plan. Planning Director Hayes advised that the plan was consistent with Land Use Plan. The County supports establishment and operation of boating facilities to increase access to the waterways. Vice-Chairman Greer referenced the piece of property to the south as being part of the existing Trails End Restaurant Special Use Permit and stated that this was not correct because the project was not approved when it was presented to the Board of County Commissioners. Planning Director Hayes responded that the Commissioners did allow the back portion of the property to be used for parking and circulation in terms of ingress and egress in the revised Special Use Permit issued for the property. This property is now tied into the Special Use Permit for the Trails Inn Restaurant. Vice-Chairman Greer advised that he thought the request to expand the restaurant was denied by the Board of County Commissioners; therefore, this lot should not be impacted. Planning Director Hayes responded that the Board did deny the expansion of the restaurant itself, but the circulation and parking was allowed to spill over into the rear portion of the property. Vice-Chairman Greer advised that this issue should be addressed because the property owners of the Trails Inn Restaurant need to know how the property can be used under its current zoning. Planning Director Hayes responded that the conditions would be documented in the revised Special Use Permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 603 Chairman Davis requested Ms. Tamara Avis Smith, the attorney representing Ms. Coble, to step forward. Chairman Davis asked Attorney Smith if Ms. Coble objected to the expansion of the Masonboro Boat Yard Commercial Marina if the two conditions approved by the Planning Board are included in the Special Use Permit. Attorney Smith responded that she and Ms. Coble were present to be sure that two conditions were included in the Special Use Permit. Chairman Davis referenced the second condition regarding the installation of a 5-foot privacy fence by the applicant within 45 days and asked if Ms. Coble wanted the fence to be installed now or in the future. Attorney Smith responded that Ms. Coble does not feel there is an immediate need for the fence; however, if this area should become heavily utilized for parking in the future, she would request the fence to be installed on Mr. Lowe’s side of the property to protect the aesthetic value of her property. Vice-Chairman Greer asked if the fence would run along the property line on the south side or just half way down the line. Ms. Smith responded that it was her understanding that Mr. Lowe would place a fence on his side along the entire length of the property line. Chairman Davis asked if the applicant would like to speak. Mr. Lowe, the applicant, reported that the marina had been in operation since 1964 and destroyed four times by hurricanes. Each time, a decision was made to rebuild, and now an effort is being made to bring the business up to new marina standards. A great deal of money has been spent on the marina, and the zoning needs to be standardized because half of the office is zoned I-1 and half R-15. He requested the Board to grant the Special Use Permit to expand and update the marina. In closing, Mr. Lowe informed the Board that when Attorney Smith said that the fence was to be placed along the entire south border of the property, this was the first time he had heard about the request. He stated that it was his understanding that the fence would be placed from the large Oak tree west. Chairman Davis asked Mr. Lowe if he agreed with the findings of fact presented by the Planning Director. Mr. Lowe concurred with the findings of fact as presented. Chairman Davis asked Mr. Lowe if he agreed with the condition that no trees 4 inches DBH or greater could be removed from the project. Mr. Lowe concurred with the condition. Chairman Davis asked Mr. Lowe if he would construct a 5-foot privacy fence along his side of the property line within 45 days if Ms. Coble made this request in the future. Mr. Lowe disagreed with this condition and stated that fencing the entire property line was not in the agreement reached with Ms. Coble. The Planning Board understood that upon request by Ms. Coble, the 5-foot privacy fence would be placed along the length of the I-1 zoning to the south of his property. Chairman Davis asked Mr. Lowe where he wanted the fence placed. Mr. Lowe responded the fence should be placed from the large Oak tree to the west. Chairman Davis asked Mr. Lowe if he was saying that he would agree to construct a 5-foot privacy fence beginning at the large Oak tree at the corner of the I-1 and R-15 zoning on the south side proceeding west. Mr. Lowe responded that the Chairman’s statement was correct. Chairman Davis asked Mr. Lowe if he understood that the Board of County Commissioners could require the privacy fence to be installed along the entire property line. Mr. Lowe stated that he understood the Board could require this condition. Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett asked if the vegetation from the Oak tree east to the waterway would remain a vegetated area. Mr. Lowe responded that he did not have any intention of removing the vegetation. Chairman Davis asked Attorney Smith if Ms. Coble would agree with recommendation presented by Mr. Lowe regarding where the privacy fence should be placed. Attorney Smith requested the Board to consider the following conditions: (1) a provision whereby a fence would be installed at the large Oak tree to the west as indicated by Mr. Lowe; and (2) a second provision whereby a NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 604 fence would be installed from the large Oak tree east if the vegetation is ever removed. Chairman Davis asked Mr. Lowe if he would accept the two conditions suggested by Attorney Smith, which are: 1. If Ms. Coble requests the fence, he would construct a 5-foot privacy fence on his property from the Oak tree west within 45 days; and 2. If the vegetation is ever removed and Ms. Coble requests a fence, he would construct a 5-foot privacy fence on his property from the Oak tree east within 45 days. Mr. Lowe agreed with the proposed conditions. Chairman Davis asked if anyone in the audience would like to testify in favor of the request. Mr. John Coble referenced Page 32 in the agenda packet under Staff findings and stated that he felt Section 3, Paragraph C was incorrect because Ms. Coble should have the right to use the back of her residential property ( known as the Golden Rod site) adjacent to the south of Mr. Lowe’s property for overflow parking. He stated that before he sold the property to Ms. Coble, he received a letter from the County Zoning Officer stating that he could not park cars on that property. He requested the Board to provide relief to Ms. Coble so this property can be used for parking at her option. Chairman Davis asked Planning Director Hayes if the item referenced by Mr. Coble had anything to do with the Special Use Permit for expansion of Mr. Lowe’s commercial marina. Planning Director Hayes responded that this was a separate issue which was not a part of the petition submitted by Mr. Lowe. Vice-Chairman Greer suggested removing Paragraph C from the Special Use Permit when approving the request. Chairman Davis agreed and informed Ms. Coble that she should address this issue with the Board of County Commissioners at a later date. Chairman Davis asked if anyone from the audience would like to testify 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 grant a Special Use Permit to Ed Lowe for expansion of the Masonboro Boat Yard on property located in an R-15 District as part of an existing Commercial Marina located at 609 Trails End Road subject to the following conditions: (1) No trees 4 inches DBH or greater may be removed from the site; (2) if the adjacent neighbor requests a fence, the applicant shall construct a 5-foot privacy fence from the Oak tree west on his property within 45 days; (3) if the vegetation is removed and if the adjacent neighbor requests a fence, the petitioner shall construct a 5-foot privacy fence from the Oak Tree east on his property within 45 days; and remove Paragraph C under Section 3 of the findings by Staff which reads as follow: The adjacent property is part of the existing Trails End Restaurant Special Use Permit for a historic Restaurant, 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 property 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 in SUP Book III, Page 19. PUBLIC HEARING ON REFUNDING OF DEBT FOR NEW HANOVER COUNTY Clerk to the Board, Lucie F. Harrell, reported to the Board of County Commissioners that the bond order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $35,000,000 in GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,” which had been introduced April 21, 2003, was published on April 24, 2003, with notice that the Board would hold a Public Hearing thereon on May 5, 2003, at 5:30 p.m. She also reported that the County’s Finance Officer did file in the Clerk’s office a Statement of Debt complying with the provisions of the Local Government Bond Act, and such statement as filed showed the net indebtedness of the County to be 2.22% of the assessed valuation of property in the County subject to taxation. Chairman Davis called for a motion to proceed to hold a Public Hearing on the bond order. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to proceed with holding the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis opened the Public Hearing for the purpose of considering whether the New Hanover County Board of Commissioners should approve a proposed bond order authorizing the issuance of $35,000,000 in General Obligation Refunding Bonds of the County of New Hanover. He directed the Clerk to the Board to read the bond order and the notice of the Public Hearing published in the paper. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 MINUTES OF REGULAR MEETING MONDAY, MAY 5, 2003PAGE 605 Ms. Lucie F. Harrell, Clerk to the Board, read the bond order and notice published in the newspaper. Chairman Davis asked if anyone in the audience would like to be heard on this matter. No comments were received. Chairman Davis asked if the Clerk to the Board had received any written comments. Ms. Harrell responded that no written statements or comments had been received. Chairman Davis called for a motion to close the Public Hearing. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis called for a motion to adopt, without change or amendment, a bond order entitled, “Bond Order authorizing the issuance of $35,000,000 in General Obligation Refunding Bonds of the County of New Hanover,” introduced at the meeting of the Board of County Commissioners held on April 21, 2003, and direct the Clerk to the Board to publish the bond order. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt the bond order authorizing the issuance of $35,000,000 in General Obligation Refunding Bonds and authorize the Clerk to the Board to publish the bond order as prescribed by the Local Government Bond Act. A copy of the bond order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 11.6. 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. Commissioner Caster stressed the importance of moving forward with the consolidation process and suggested discussing the use of a facilitator at the May 19, 2003 meeting of the Board of County Commissioners. Chairman Davis informed Commissioner Caster that he was not in favor of discussing the use of a facilitator because a concurrent resolution was unanimously adopted by the City Council and Board of County Commissioners at the joint meeting held on January 13, 2003. He stated that in order to move the consolidation process forward, the City Council should simply adopt the same concurrent resolution which was previously agreed upon by both governing bodies. Commissioner Caster responded that he was 90 percent in favor of the statement made by Chairman Davis, but stated that the Commissioners cannot just sit back and do nothing. If a facilitator can assist with helping the two governing bodies to reach an agreement, this effort would be worthwhile. Chairman Davis asked each member of the Board if they wanted to discuss hiring a facilitator. Vice-Chairman Greer, Commissioner Boseman, and Commissioners Pritchett supported the comments made by Chairman Davis and felt it was not necessary. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:15 p.m Respectfully submitted, Lucie F. Harrell Clerk to the Board