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2003-07-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 664 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 7, 2003, at 2:00 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; 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. Carl Byrd, Sr., Director of Human of Relations, gave the invocation. Commissioner Caster 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 Caster advised that during the Thursday Staff Meeting, it was decided to remove Item 2 from the Consent Agenda since a Commissioner had to be appointed to serve on the Wilmington-New Hanover County Transportation Agency. Chairman Davis advised that during the Thursday Staff Meeting, an additional item was received regarding the insurance interlocal agreement with the N. C. Association of County Commissioners, and he suggested including this item as part of the Consent Agenda. Hearing no further comments, Chairman Davis called for a motion to adopt the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to remove Consent Agenda Item 2 for discussion in Regular Session, add the additional item to the Consent Agenda regarding the revised interlocal insurance agreement with the N. C. Association of County Commissioners, and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Regular MeetingJune 16, 2003 Closed SessionJune 16, 2003 Adoption of Resolution to Authorize the Sheriff’s Department to Submit a Grant Application to the North Carolina Governor's Highway Safety Program for a Law Enforcement Liaison (LEL) Reimbursement Grant The Commissioners adopted a resolution to authorize the Sheriff’s Department to submit a grant application to the North Carolina Governor’s Highway Safety Program for a Law Enforcement Liaison (LEL) Reimbursement Grant in the amount of $10,000 with no local match required. The County Manager was authorized to accept the grant and approve the associated budget amendment if the grant is awarded. Under the previous system used by the Governor's Highway Safety Program, one individual was responsible for communicating with 100 county coordinators. This was a major weakness in the Governor's "Click It or Ticket" and "Booze IT and Lose IT" initiatives. The State is now divided into nine regions and has a regional Law Enforcement Liaison Officer who communicates with county coordinators. The objectives are to increase communication through a more individual approach, hold monthly meetings with various coordinators, and increase participation at checkpoints throughout the nine regions. In return for participating in the regional plan by designating a Law Enforcement Liaison Officer, the Sheriff's Department is eligible to apply for the Law Enforcement Liaison (LEL) reimbursement grant to be used for equipment and in-state travel funds. The local governmental resolution authorizes an application in the form prescribed by the Governor's Highway Safety Program. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 15.1. Adoption of Resolution Approving Donation of a 1995 Chevrolet Caprice to Cape Fear Community College The Commissioners adopted a resolution approving the donation of a 1995 Chevrolet Caprice to Cape Fear Community College to be used exclusively for the Law Enforcement Training Program pursuant to N.C.G.S. 160A-274. In March 1995, the Sheriff's Office purchased the 1995 Chevrolet Caprice, serial number 1B1GL52P2SR136516, to be used as a patrol vehicle. The vehicle has excessive mileage, has been wrecked and repaired several times, and is not appropriate to be used on a daily basis as a patrol vehicle in the Sheriff's Office. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 665 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 15.2. Adoption of Resolution to Dispose of Surplus Computer Equipment Through Sale to IBM Credit LLC The Commissioners adopted a resolution to dispose of surplus computer equipment through a sale to IBM Credit LLC pursuant to N.C.G.S. 160A-267. IBM Credit LLC has offered $8,100 for the equipment and will package the units and handle the transportation. On March 24, 2003, the Board of County Commissioners approved the upgrade to the computer network at the Department of Social Services. This resulted in a large quantity of computer equipment that was not usable. The most efficient method to dispose of a large group of obsolete computers is through a sale to one vendor. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 15.3. Authorization for the Health Department to Submit a Grant Application to the N.C. Department of Insurance, Office of the State Fire Marshall The Commissioners authorized the Health Department to submit a grant application in the amount of $10,000 to the N. C. Department of Insurance, Office of the State Fire Marshall. If the grant is awarded, the funding will be used to develop a Risk Watch Champion Team in New Hanover County to provide a more comprehensive Injury Prevention Program to assist with reducing the number of deaths resulting from unintentional injuries to children ages 1-14. Approval of Property Transfer for Airlie Gardens The Commissioners accepted the donation of property located at the corner of Oleander Drive and Airlie Road from Corbett Package Company in exchange for the cost of legal fees associated with the title work, not to exceed $6,000. This property will provide a strategic location for future signage, and the $6,000 will be appropriated from the FY 2003-2004 Airlie Gardens budget. Presentation of New Hanover Schools Budget Amendment The Commissioners acknowledged a Capital Outlay Budget Transfer approved by the New Hanover County Board of Education between projects exceeding $50,000. The project savings were transferred to the Indoor Air Quality Allowance Fund. The budget amendment was presented for information purposes only. Approval of Budget Amendment #04-0002-Sheriff's Office / Administration The Commissioners approved the following budget amendment: Budget Amendment #04-0002-Sheriff's Office / Administration AdjustmentDebitCredit Other$1,100 Safe Summer Camp$1,100 Explanation: To budget contributions received for the Safe Summer Camp. This is a 7-day camp that takes place during the summer and is open to all fifth graders in New Hanover County Schools who have graduated from the Drug Abuse Resistance Education Program during the school year. The School Resource Officers and volunteers provide Staff for the camp, which will be offered three separate weeks this year. Approval of Budget Amendment #2004-01-Jail Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2004-01-Jail Capital Project Adjustment Debit Credit Sales Tax Refund$ 407,000 Interest on Investments 745,000 USMS Grant 1,060,000 Extended Project Expense$2,212,000 Explanation: To budget revenues received, but not budgeted. Approval of Budget Amendment #2004-02-Federal Forfeited Property The Commissioners approved the following budget amendment: Budget Amendment #2004-02-Federal Forfeited Property Adjustment Debit Credit Federally Forfeited Property$31,778 Capital Project Expense$31,778 Explanation: To increase the budget for additional revenue received on June 11, 2003. Federal Forfeited NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 666 Property funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Budget Amendment #2004-03-Controlled Substance Abuse Tax The Commissioners approved the following budget amendment: Budget Amendment #2004-03-Controlled Substance Abuse Tax AdjustmentDebitCredit Controlled Substance Tax$4,000 Capital Project Expense$4,000 Explanation: To increase the budget for additional revenue received on June 6, 2003. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Revised Interlocal Agreement with the North Carolina Association of County Commissioners (Additional Items Added to the Consent Agenda) The Commissioners approved a revised insurance interlocal agreement with the N. C. Association of County Commissioners to join the North Carolina Counties Liability and Property Joint Risk Management Agency to provide a method of risk sharing group purchases of insurance coverage. The Chairman was authorized to execute the agreement. A copy of the agreement is on file in the Legal Department. Discussion and Approval of Consent Agenda Item 2 - Appointments to the Wilmington-New Hanover County Transportation Agency Board Chairman Davis reported that the Wilmington-New Hanover County Transportation Agency Board has requested the Board of County Commissioners to ratify the appointment of the four members to serve on the Agency and to appoint one County Commissioner. He advised that Commissioner Pritchett has volunteered to serve as the Commissioner representative since Commissioner Boseman does not have time to serve. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis requested a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to ratify the appointments of the following persons to serve on the Wilmington-New Hanover County Transportation Agency Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Nancy H. Pritchett, County Commissioner Robert Ronne, Disabled Category Christine McNamee, Chairperson William Bryden, +60 Category *Barbara Chestnut Kane (alternate)- Human Relations *Barbara Chestnut Kane will fill any additional regular membership position incurred by the County on the Wilmington-New Hanover County Transportation Agency Board. CLOSED SESSION Chairman Davis called for a motion to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(5) to discuss matters concerning a real estate transaction. He asked County Attorney Copley if there were any other purposes for calling the Closed Session. County Attorney Copley responded that no other matters needed to be discussed in the Closed Session. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to enter into Closed Session for the purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 2:10 p.m. Chairman Davis reconvened to Regular Session at 3:41 p.m. Chairman Davis reported that during the Closed Session no official action was taken, but the Board did direct Staff to negotiate the price and material terms of a proposed contract for the purchase of real property. PUBLIC HEARING TO CONSIDER AN INCENTIVE PACKAGE FOR GENERAL ELECTRIC GLOBAL NUCLEAR ENERGY CORPORATE HEADQUARTERS TO RELOCATE IN NEW HANOVER COUNTY Chairman Davis opened the Public Hearing and welcomed Mr. Scott Satterfield, the Chief Executive Officer of Wilmington Industrial Development/Committee of 100. Mr. Satterfield reported that he was pleased to present an opportunity for New Hanover County to invest in one of the finest relocations of a corporate headquarters that he had seen in a number of years. Global Nuclear Energy is a wholly owned subsidiary of the General Electric (GE) Company and is considering moving its corporate headquarters from San Jose, California to a location east of the Mississippi River. It is believed that the headquarters will be located in Wilmington, North Carolina or Atlanta, Georgia. If the corporate headquarters are constructed at the Global Nuclear/GE Aircraft site in Castle Hayne, at least 200 jobs over the next three years will be moved to Wilmington with NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 667 an average salary across-the-board of $104,000 per year. In closing, Mr. Satterfield requested the Board to consider a $500,000 grant to invest in the project to demonstrate to GE that County government desires for the corporate headquarters to be located at the GE Castle Hayne Campus in New Hanover County. He advised that approval of this grant by the Board of County Commissioners will add to the incentive package being prepared by the N. C. Department of Commerce. Chairman Davis spoke on the potential economic impact projected by the University of North Carolina at Wilmington and reported that in 2003 the projected output will be $21,100,000 with wages and salaries in excess of $4,400,000, and state and local taxes in the amount of $2,000,000. By the year 2005, the output will be $141,300,000 with wages and salaries in excess of $29,100,000, and state and local taxes in the amount of $13,700,000. He advised that bringing a good clean industry of this type to New Hanover County would be a phenomenal benefit to the County and surrounding areas. In further discussion of the $500,000 grant, Chairman Davis explained that the grant would be paid in two parts: (1) payment of $250,000 after a Certificate of Occupancy on the renovated/expanded space is obtained; and (2) payment of $250,000 after 100 people have been hired by the facility to be verified by the Employment Security Commission within a three-year deadline. Chairman Davis asked if any members of the Board would like to comment. Commissioner Boseman commented on constructing the building and asked if any value has been placed on the structure. Mr. Satterfield responded that construction, renovation, and new equipment would be valued at approximately $6,000,000. Vice-Chairman Greer stressed the importance of everyone understanding that the facility will be a corporate headquarters instead of a branch. This means that more people will move to the area, jobs will be provided, and the Airport will be able to attract more air carriers. This is a win-win situation and an excellent investment for New Hanover County based upon the benefits that will be received. Commissioner Pritchett referenced the number of jobs and asked how many local people would be hired versus the number of people transferred in from San Jose, California. Mr. Satterfield responded that typically GE transfers 50% of the employees already working for the company and the remaining 50% are hired locally through the Human Resources Office at GE. Out of the 200 jobs, 150 will be professional managerial positions with 50 support clerical and administrative assistant positions. Hearing no further comments from the members of the Board, Chairman Davis asked if anyone from the audience would like speak in favor of the $500,000 grant proposal. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak against the $500,000 grant proposal. Hearing no comments, Chairman Davis closed the Public Hearing and requested the record to reflect that no one spoke in favor or in oppositions to the $500,000 grant. Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve a $500,000 grant to encourage GE to locate its Global Nuclear Energy Corporate Headquarters to the Castle Hayne Campus. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Satterfield and the members of Wilmington Industrial Development/Committee of 100 for the effort given to locate the corporate headquarters facility in New Hanover County. CONSIDERATION OF PETITION FOR COMPROMISE OF DISCOVERED VALUE FOR UNLISTED BUSINESS PERSONAL PROPERTY FOR KATE B. MEYER D/B/A/ CAPE FEAR IMAGES, INC. - B0020B0566 - B0020B0566A Tax Administrator Robert Glasgow reported that the Board of County Commissioners will be hearing an appeal of a discovery that was tabled on April 21, 2003 because there was some confusion as to whether the discovery had taken place. The discovery letter from the Tax Department was written to Cape Fear Images, Inc. on November 14, 2002, to inform the company of the discovery. The business owner had 30 days in which to appeal the discovery. No response was received prior to the 30-day deadline of December 14, 2002. On December 19, 2002, the accountant, Ms. Teresa A. Graziano, of Financial Accounting & Tax Service, hand carried a letter addressed to the Tax Department Listing Section requesting an extension to the January 31, 2003, business personal property listing for Cape Fear Images, Inc. The Tax Department had no record of receiving the original letter, but a copy was provided by Ms. Graziano. When the Board considers this appeal there are two basic issues: (1) the letter from Ms. Graziano was dated five days after the 30-day deadline, and (2) the letter was for the listing of business personal property due on January 31, 2002. Extension requests must be received during the regular listing period. An extension request for the tax year 2002 had to be received in the Tax Office by January 31, 2002 in order for the extension to be granted. At that time, Ms. Meyer indicated that her accountant was seriously ill and could not respond to the Tax Department during the time the discovery NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 668 letter was sent to Cape Fear Images, Inc. Ms. Meyer also feels that the $100,000 assessed value is excessive and should be reduced to a realistic figure. The Tax Office assessed the $100,000 value during the discovery process based upon the benchmark of another listed advertising company (Atlantic Coast Advertising). Since no appeal was received, the value became final and taxes were due and payable. Under N.C.G.S. 105-381, once the taxpayer has been issued a tax bill, an appeal can only be considered under three circumstances: (1) the tax is illegal; (2) the tax is for an illegal purpose; or (3) a clerical error has been made. If the appellant can prove that any of these three circumstances occurred, the tax should not be imposed. However, the Board of County Commissioners should not compromise the tax bill unless one of these three circumstances has occurred. Should the Board compromise the tax bill without one of the three circumstances occurring, the members of the Board who voted for the release of the tax may be held personally liable for any amount that was released, refunded or compromised as identified in N.C.G.S. 105-380. In closing, Tax Administrator Glasgow advised that if the Board decides to uphold the $100,000 tax value recommended by the Tax Department, the interest for June will have to be added which will change the total to $5,879.86 instead of the $5,797.05 shown on the agenda sheet. He also noted that a late listing penalty of $116 should be removed from the $5,879.86 for a total due in the amount of $5,763.86. Chairman Davis repeated for clarification that the Board can only release the tax if the appellant presents evidence to show that the tax was an illegal tax, or a tax for an illegal purpose, or a clerical error was made. If the Board overturns this tax without it being one of these three specific reasons, the Commissioners voting can be held personally liable for the amount of the tax released. County Attorney Copley noted that the statement made by Chairman Davis was correct. Tax Administrator Glasgow reminded the Board that on the April 21, 2003 meeting, the Board heard five tax appeals and stated that the Meyer appeal was tabled due to the lack of information on the dates and time frame involved with the appeal. After reviewing the appeal, the Tax Department cannot make a compromise under N.C.G.S. 105.381, which has been uniformly applied in tax discovery appeals for the past 20 years. Chairman Davis requested the applicant, Mr. John H. Meyer, Secretary-Treasurer of Cape Fear Images, Inc. and representing his wife, Ms. Kate B. Meyer, to step forward and inform the Board why the tax imposed was illegal. Mr. Meyer quoted from an article published May, 2003 by Charles B. Neeley, Jr., a Tax Law Specialist, with the firm of Maupin, Taylor and Ellis in Raleigh, North Carolina: The County Board of Commissioners is authorized to compromise, settle or adjust the county’s claims for taxes arising from a discovery assessment, including the penalties associated therewith as referenced in N.C.G.S. 105.312(k). The power to compromise discovery assessments constitutes an exception to the general rule. The tax assessments may not be compromised without significant peril in the way of personal liability to the County Commissioners as referenced in N.C.G.S. 105-380. To qualify for the compromised provisions, the taxpayer will generally have to forego its appeal remedies to the Property Tax Commission and allow the tax assessment to become final. The taxpayer must hope that he or she will be able to negotiate a compromise of the penalties and/or tax relief with the Board of County Commissioners. Theoretically, this relief might also be available after trial before the Property Tax Commission, but experience indicates that County Commissioners dislike compromise after incurring the expense of a trial to vindicate the county’s assessment. Mr. Meyer advised that he was not interested in going through a trial before the Property Tax Commission. He stated that North Carolina Law is strict with regard to the 30-day response period and does not offer flexibility in the ruling. However, North Carolina Law does grant a Board of County Commissioners acting as the Board of Equalization and Review the power to compromise in a discovery under N.C.G.S. 105.312(k), which reads as follows: After a tax receipt, computed and prepared as required by the subsections above, and charged to the Tax Collector, the Board of County Commissioners upon the petition of the taxpayer may compromise, settle, or adjust the county’s claim for taxes arising therefrom. In closing, Mr. Meyer stated that the Board does have the power to compromise, settle, or adjust the tax. He reminded the Commissioners that Cape Fear Images, Inc. is subject to substantial penalties for not filing the personal property taxes as required by law. The company is subject to penalties equivalent to 50% for the first year not including the interest. With the discretion of the law to allow the Board to adjust penalties, he asked if the Commissioners want to add another 900% penalty on top of the other penalty when an arbitrary and excessive assessment of $100,000 has been assigned as the personal property value of the business by the Tax Administrator. Chairman Davis requested County Attorney Copley to comment on the statement just made by Mr. Meyer. County Attorney Copley advised that Assistant County Attorney Holt Moore and Tax Administrator Glasgow were not familiar with the statute referenced by Mr. Meyer. Tax Administrator Glasgow advised that many years ago, a former Board of County Commissioners decided not to use N.C.G.S. 105.312(k) to avoid being burdened with a large number of tax appeals that would have to be heard by the Board of Equalization and Review. A precedent was established to use N.C.G.S.105.381, known as the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 669 “Taxpayer’s Remedies” which requires that the tax must be illegal, or a tax for an illegal purpose, or a clerical error has occurred. Since that date, Tax Administrators have followed this procedure. If N.C.G.S. 105.312(k) had been used last year, the Board of County Commissioners would have heard at least 10% of the 700 discoveries found during last year which would require a great deal of time to be spent by the Board on appeals. He stated that he was not aware of any other county using N.C.G.S. 105.312(k). A lengthy discussion was held on the fact that a North Carolina Statute does exist to allow the Board of County Commissioners to compromise, adjust or settle an appeal. Vice-Chairman Greer expressed concern for a civil process that allows the County Tax Administrator to assess an arbitrary value with no appeal process when a business fails to list its property tax within a specified time frame. In this case, Cape Fear Images, Inc. received an assessed value of $100,000 when the information presented by the company to the Tax Department showed an inventory value of no more than $10,000. Mr. Meyer recognizes that he should have listed on time and he is willing to pay penalties and interest. However, it is not right for the law to allow the Tax Administrator to assign an arbitrary value to the inventory with no way to appeal the value. He stated that he could not vote to assess a tax value of $100,000 and require Mr. Meyer to pay penalties and interest on that amount. Commissioner Caster agreed with Vice-Chairman Greer and stated that being a former small business owner he was aware of the difference in the amount of money paid on a tax assessment of $10,000 versus $100,000. He stated that he could not support a tax value of $100,000. Tax Administrator Glasgow explained that Cape Fear Images, Inc. had another business with an inventory of $160,000 and this business with an inventory of $110,000; therefore, the Tax Department assessed a value of $100,000. When the discovery was made, Cape Fear Images, Inc. was given 30 days to respond and inform the Tax Department that the value was incorrect. The major issue is that the company failed to respond. Commissioner Caster responded that he was not faulting the Tax Administrator, but he would like for the laws governing the entire process to be changed. In further discussion of the assessment, Chairman Davis asked whether it would be possible for Mr. Meyer to come in next year and request an adjustment to his inventory if a majority of the Commissioners vote to uphold the tax value, penalties, and interest. Tax Administrator Glasgow responded that Mr. Meyer has already requested an adjustment and the value was reduced to $4,342 for the year 2003. Chairman Davis expressed concern for being told for years that the only way to adjust the value was pursuant to N.C.G.S. 105-381 whereby evidence had to be presented to show that the tax was illegal, or a tax for an illegal purpose, or a clerical error. Mr. Meyer has informed the Board that pursuant to N.C.G.S. 105.312(k), the Board of County Commissioners has the authority to adjust the tax value. It is unfortunate that the Board was not aware of this option when so many people have appeared before the Board to receive some form of relief. Tax Administrator Glasgow responded that he used the General Statute that has been used and uniformly applied for years by the New Hanover County Tax Office. It was felt that this was the best way to handle tax discoveries. Mr. Meyer commented on the members of the Board recognizing how rigid the law is regarding the 30-day response time and stated that Cape Fear Images, Inc. failed to respond in a timely manner; however, pursuant to N.C.G.S. 105.312(k), there is an option to allow for an appeal when there is an obvious inequity. He referenced a N. C. Court of Appeals case in 1975 and stated that the Tax Administrator will be presumed to be right unless it is shown that the appraisal is both arbitrary and substantially in excess of the actual value of the assets. In the case of Cape Fear Images, Inc., it would not be practical to carry the appeal the N. C. Property Tax Commission with only $10,000 in inventory and five employees. He requested the Board to consider these items in rendering a decision on this assessed value. Hearing no further discussion, Chairman Davis requested direction from the Board. Chairman Davis asked Mr. Meyer how long the company had been in business. Mr. Meyer responded the company was incorporated in 1998 and has just begun to grow. Commissioner Boseman requested the Board to recuse her from voting because of a personal conflict. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to recuse Commissioner Boseman from voting because of a personal conflict. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested direction from the Board on the tax appeal. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer to approve the petition as submitted by Mr. Meyer including applicable penalties and interest. Tax Administrator Glasgow explained that the penalty is 10% per year based on the number of years. This means that the penalty for Cape Fear Images, Inc. will be based on three years at a percentage of 10% for the first year, 20% for the second year, and 30% for the third year. Upon vote, the MOTION RECEIVED a tie vote as follows: Ayes:Commissioner Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 670 Vice-Chairman Greer Noes:Commissioner Pritchett Chairman Davis Recused:Commissioner Boseman In discussion of the tie vote, County Attorney Copley requested time to review the action taken. She later reported that under the Rules and Procedures adopted by the New Hanover County Board of Commissioners, Rule #16 clearly stated that a motion must be adopted by a majority of the votes cast. Chairman Davis informed Mr. Meyer that the motion failed because a majority vote was not received. He expressed appreciation to Mr. Meyer for bringing attention to the provision in the law that allows the Board to compromise or settle the value. Tax Administrator Glasgow requested the Board to waive the late listing penalty in the amount of $116. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster to waive the late listing penalty in the amount of $116. Chairman Davis asked if waiving the $116 late penalty would be setting a precedent for future tax hearings. County Attorney Copley responded that waiving the late penalty would not be setting a precedent. Upon vote, the MOTION CARRIED UNANIMOUSLY. Due to the tie vote, the recommendation of the Tax Department was upheld for an assigned tax value of $100,000 with penalties and interest, including removal of the $116 late listing penalty, bringing the total tax due to $5,763.86. PRESENTATION OF FINAL REPORT AND RECOMMENDATIONS OF THE US HIGHWAY 17 BY-PASS COMMITTEE Planning Director Hayes introduced Ms. Ann Griffith and Mr. Andrew Koeppel, members of the US Highway 17 By-Pass Committee, and advised they may want to comment at the end of the presentation. Planning Director Hayes reported that the US Highway 17 By-Pass Committee was charged with making recommendations for amendments to the Comprehensive Land Use Plan for areas impacted by the Highway 17 By-Pass. The Committee was also requested to provide a vision for growth along this new corridor. Beginning with the first meeting in October, the Committee began reviewing existing land uses and zoning for the area including identification of wetlands, aquifers and open space tracts along the corridor, proposed interchanges for the by-pass, aerial photography indicating existing and proposed nearby developments, water and sewer areas in coordination with the County's funding schedule, and proposed well field areas. Since the proposed highway facility will be an interstate design and limit access to most of the adjacent properties, the Committee felt its efforts should be directed toward interchanges that would be established along the corridor. The following interchanges were studied and reviewed: Porters Neck Interchange Committee members agreed that the Land Classification Map should be amended to extend the Urban Transition Classification just north of the new intersection for the planned service road on Market Street. This would include most of the residential properties in Kirkland extending west to tracts of land in Greenview Ranches. Because of the uncertainty of the plan and schedule for water and sewer services, two of the Committee members voiced their preference for a Limited Transition Classification. With additional issues regarding the free-flow of traffic along this major arterial and the possibility of interfering with the functionality of this four-lane divided section of Market Street north of Porters Neck Road, the Committee recommended that the existing and planned service roads be extended to the North along both sides of Market Street to limit additional access points along that corridor. Some members of the Committee felt a Welcome Center should be located in the northeastern part of the County since this area will become a primary entrance point for people traveling south along US Highway 17 and people traveling to Figure Eight Island and Wrightsville Beach. I-40 Interchange Members of the Committee felt that this interchange would be a primary entrance point for visitors traveling to the beaches in the southeastern part of the state. A proposal for a Welcome Center north of this interchange was discussed and Staff was requested to research the feasibility of a site north of Sidbury Road. The Committee agreed to pursue the matter and to gather additional information about the costs of such a facility and possible funding opportunities. With costs estimates between $3.5 and $4.5 million, some of the members suggested that a regional center could be jointly funded by several jurisdictions including adjacent counties and municipalities. In the northwest quadrant, the Committee decided that the Urban Transition Classification should be extended north to Sidbury Road. Most of this property is being developed as the Cape Fear Community College North Campus. Urban services are available and the property has good access from Sidbury and Blue Clay Roads. The property west of College Road and north around the Blue Clay Road intersection is environmentally impacted by wetlands and flooding. Most of the property is within the 100-year floodplain and should be classified Conservation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 671 No changes were recommended for the Northeast quadrant because of several issues relating to limited services available and its Resource Protection Classification that acknowledges the underlying aquifers. The Committee also agreed that the Southeast quadrant offered the least development opportunities at the present time and should remain in its present Rural Land Classification. Access is limited and sewer service is not available. Future plans for a school site and other larger tracts in this quadrant should be coordinated to improve the area’s development potential. NC 133 Interchange The Committee agreed that this area would remain classified Resource Protection. Committee members also felt that given the improved access to nearby properties and their potential for supporting industrial expansion, the County should review its schedule for providing water and sewer services with the idea of moving this area up on the sewer schedule. The Committee agreed that this interchange with its direct access to US Highway117 and NC Highway 133 should be a prime site for an expanded Industrial and Manufacturing Center and that the property could be developed even though there are environmental limitations associated with the aquifer and potential groundwater pollution. Several members felt that this would be a good area for an expanded business park. Extension of a rail spur and frontage roads to Blue Clay Road would encourage Light Industrial Development. Members of the Committee were unanimous in their desire to promote the economic benefits of providing land with adequate infrastructure to attract jobs into the community. US 421 Interchange With all of the area around the interchange zoned for Industrial Use, Committee members re-emphasized the importance of having water and sewer services for industrial properties that will now benefit from an expanded road system that will add a direct link to I-40. The area has excellent transportation systems with rail and shipping facilities already in place. Sewer applications on site or alternative discharges into the Cape Fear River could be eliminated or reduced with the extension of sewer service. The Committee urges the County and City to explore any and all options for getting water and sewer across the river. The Rural Land Classification for this area is a reflection of the lack of water and sewer services. No changes were suggested for the Land Classification. Since the US Highway17 By-Pass will terminate at this interchange, traffic patterns south along US Highway 421 will accommodate a mixture of tourist and through traffic destined for the Brunswick County Beaches, as well as other points south. Several Committee members expressed some concern with the existing congestion at approaches to the southern bridge and the need to accelerate future plans for the continuation of the By-Pass through Brunswick County. It was also felt that long-range plans should include another bridge to provide two accesses into southern New Hanover County. Blue Clay Road Interchange (Planned) The Blue Clay Road area is classified Limited Transition on the east side and Resource Protection on the west side. Surrounding lands are zoned for Heavy Industrial Uses except for a small subdivision that is partially developed on the north side. A rail line is located just west of the interchange which could easily be extended into adjacent industrial properties. Water and sewer services are still limited even though these services are available to the east in NorthChase. Committee members agreed that this interchange would serve as a major entrance point for residents and visitors traveling to the Airport and that the Manufacturing and Industrial Land Uses were appropriate for the area. They also agreed that any expansion to the residential subdivision nearby should be discouraged and several homes would probably need to be purchased in mitigating the traffic impacts of the new interchange. In reviewing the Land Classification Map, the Committee recommends that the Limited Transition area be extended west to the rail line and north to encompass the jail facilities that now have water and sewer services. Several members suggested that since this exit would serve as a Gateway to the Airport, more attractive travel and industrial services should be encouraged. Crooked Pine Road Interchange (Future) This interchange is shown on the adopted Thoroughfare Plan as a crossing at Crooked Pine Road. No planning or construction costs have been funded since this area is presently inaccessible except for a dirt road. Future plans for the construction of any improvements are unknown at this time; however, there is current discussion about the Military Cut-Off Road extension connecting at this point. It is hoped that a feasibility study can be completed to determine the best alignment for the extension. Several Committee members expressed concern about the road barrier that will be created with construction of the By-Pass which will eliminate any access to northern parts of the county for a considerable period of time. The Committee expressed a desire to provide for some temporary crossing, such as an encasement under the By-Pass, that could be removed at a later date. Considering the time frame for the project, no Land Classification changes were proposed for this interchange. Priorities for Sewer Service In reviewing future land use proposals for the various interchanges, it became apparent that the major factor limiting growth opportunities was the absence of water and sewer services, especially sewer. Since the current schedule for providing sewer service is many years into the future, the Committee felt that it might be useful to prioritize the need for extending sewer service to the various interchanges based upon development potential. The Committee unanimously NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 672 recommends the following priorities: US Highway 421 Interchange: I. This interchange would appear to have the greatest impact in terms of job creation and an improved tax base. The entire interchange is already zoned for industrial use and has a good highway as well as rail and shipping access. Water services would also provide better fire insurance ratings for many businesses already located in the area. US Highway 117 Interchange: II. With General Electric facilities already anchoring one quadrant of the interchange and two service roads being constructed in the northeast and southeast quadrants, the Committee felt that this area could be expanded as a Business Park. County services are located within a reasonable distance. Blue Clay Road Interchange: III. In terms of development potential for raw land, this area is a prime candidate. Surrounding lands are zoned for Heavy Industrial Use except for a small residential subdivision that is partially developed on the north side. A rail line is located to the west, and the interchange would serve as the primary access to the Airport for those traveling from the north. The Committee recommended implementation of the following actions: A. Incorporate recommended changes to the Land Classification Map as part of the CAMA Land Use Plan Update B. Work with the NCDOT, developers, and land owners along Market Street north of Porters Neck Road to extend the existing and planned service roads along both sides of Market Street. C. Promote the establishment and funding of a Regional Welcome & Visitors Center for the Southeastern part of the state that would be located north and west of the I-40 interchange. D. Provide for an expanded business park with water and sewer services at the US Highway117 and NC Highway133 interchange. E. Promote as the #1 priority, the importance of having water and sewer services at the US Highway 421 interchange and the economic benefits of this prime industrial area with multiple transportation systems in place. F. Plan the Blue Clay Road interchange as a Gateway to the Airport G. Complete the feasibility study and implement the best alignment for the proposed interchange at Crooked Pine Road H. Retain some “temporary crossing” at Crooked Pine Road until the new interchange is completed. In closing, Planning Director Hayes, requested the Board to receive and move forward with implementing the recommendations from the Committee. He read the names of the following persons who served on the Committee: Mr. David C. Girardot, Mr. Frank Smith, Mr. J. Robert Fullerton, Ms. Ann Griffith, Mr. Andrew Koeppel, Mr. James W. Souders, and Mr. Emerson Whitted. Chairman Davis asked if any members of the Board would like to comment. Commissioner Caster reported that a group was already working on locating a Regional Welcome and Visitors Center as recommended by the Committee, which will be an expensive facility. He also noted that it was disappointing to hear about a lack of funding for the Blue Clay Road interchange because of its importance to the Airport and Cape Fear Community College North Campus. In concluding his comments, Commissioner Caster stated that since he serves as the Commissioner representative on the Lower Cape Fear Water and Sewer Authority, he would discuss with the Authority the need to provide water and sewer services to the US Highway 421 corridor in order to promote this prime industrial area. Commissioner Pritchett expressed appreciation to the Committee members for giving hours of their time and effort to study and develop recommendations for areas around the Highway 17 By-Pass. She stated that New Hanover County was fortunate to have volunteers who truly care about the future growth of our County. Mr. Andrew Koeppel, a member of the Committee, expressed appreciation to the Board of County Commissioners for the support given to the members on the Committee. He advised that Planning Director Hayes did an excellent job in coordinating the Committee’s efforts and provided a high level of planning expertise to the group. He stated that New Hanover County was fortunate to have Mr. Hayes as Director of Planning. Mr. Koeppel requested the County to become involved with the Welcome and Visitors Center and work cooperatively with the NCDOT, City of Wilmington, Pender County and Brunswick County to construct a facility at the lowest possible cost and at the earliest date. He informed the Board that discussion has been held with a private landowner about a potential land swap with the County to locate the facility just south of Holly Shelter Road on the west side of I-40. From a conceptual point, swapping the land would be a savings and provide an opportunity for New Hanover County, Pender County, Brunswick County and the City of Wilmington to share the construction and maintenance costs. He advised that the Board of County Commissioners will be informed if this offer materializes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 673 Ms. Ann Griffith, a member of the Committee, advised that if the recommendations are accepted and implemented by the Board of County Commissioners, the County will have a workable plan that will serve all interests of the County. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to receive the recommendations and move forward with implementation. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis expressed appreciation to the members of the Committee for the time and effort given to develop the recommendations. He requested the Board to authorize him to write a letter of appreciation to each member for the outstanding job performed by this group. Consensus: It was the consensus of the Board to authorize Chairman Davis to write a letter of appreciation to each member of the US Highway17 By-Pass Committee. MEETING RECESS FOR DINNER Chairman Davis recessed the meeting at 4:40 p.m. for dinner. Chairman Davis reconvened to Regular Session at 5:05 p.m. PUBLIC HEARING TO CONSIDER A REQUEST FROM WILLIAM CRAIG FOR WILLIAM CANADY TO REZONE APPROXIMATELY 0.88 OF AN ACRE OF PROPERTY LOCATED IN THE 8000 BLOCK OF MARKET STREET AT THE CORNER OF SWEETWATER DRIVE FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTIONAL (Z-764, 06/03) Chairman Davis opened the Public Hearing. Planning Director Hayes presented a map and slides of the property showing the adjacent and surrounding properties. He reported that the petitioner was requesting to rezone his property from R-15 Residential to O&I Office and Institutional. The subject property is located on the west side of Market Street and is a corner lot with approximately 150 feet of frontage on Market Street and approximately 260 feet of frontage on Sweetwater Drive. The property on the southern corner of this intersection was rezoned O&I Office and Institutional in 1989 and is used as an office for an exterminating company. In addition to the adjacent Office and Institutional District, there are a variety of commercial districts in close proximity. To the north there is a B-2 Highway Business District which was recently purchased by the New Hanover Regional Medical Center. To the east across Market Street, there is an I-1 Light Industrial District which has a variety of retail and office type uses, and to the south there is a large vacant B-2 District and several small conditional use districts. The property is classified by the Comprehensive Plan as Urban Transition. The purpose of the Urban Transition Classification is to provide for future intensive urban development on lands that have or will have adequate public facilities. Water and sewer service is nearby. Adjoining residential and commercial properties are either developed or scheduled for development in the near future. The 2001 Average Daily Traffic Count by the NCDOT shows there are approximately 34,000 existing trips on Market Street just south of the subject property. Development on this property will likely require a driveway permit from the NCDOT, which could result in improvements to the intersection of Sweetwater Drive and Market Street. The O&I District classification does not preclude residential uses and is typically used as a transition between more intensive land uses and residential subdivisions. The proposed rezoning would provide a good transition to nearby commercial zoning districts and the residential units to the rear. Staff recommends approval of the request and recommends that the Board consider including the adjacent property to the north in the O&I District Classification. Planning Director Hayes reported that the applicant presented his request at the Planning Board meeting held on June 5, 2003. No one spoke in support or opposition to the request. The Planning Board discussed Staff’s recommendation to expand the O&I District to include the parcel to the north. Given the proximity to the houses to the west on Sweetwater Drive, one member of the Board thought the subject site and the adjacent parcel would be more suitable for a Conditional Use rezoning. After further discussion the Board voted 5-1 to recommend approval of the rezoning including the Sweetwater Drive right-of-way Chairman Davis asked Planning Director Hayes if the rezoning request was consistent with the Land Use Plan. Planning Director Hayes responded that the rezoning was consistent with land use patterns in the area and consistent with the Land Use Plan. Chairman Davis asked why one member of the Planning Board voted in opposition to the request. Planning Director Hayes responded that Mr. Frank Smith, a member of the Planning Board, was concerned about not seeing a plan showing how the property would be developed. Since no retail uses are permitted and only office and institutional uses can be placed on the property under O&I zoning, Staff felt these limited uses were sufficient to address Mr. Smith’s concern. Commissioner Boseman asked Mr. Frank Smith to comment on his concern. Mr. Smith reported that the site plan was not a high level of concern for him. Chairman Davis spoke on understanding that Staff recommends approval and asked if this was correct. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 674 Planning Director Hayes responded that Staff does recommend approval including the adjoining right-of-way on Sweetwater Drive to consolidate the parcel with the existing Office and Institutional District. Chairman Davis asked if it would be proper for the Board to include the adjoining right-of-way without giving public notice to adjacent neighbors. Planning Director Hayes responded that all adjacent property owners were notified; however, since this is a public right-of-way, no one owns the easement. Chairman Davis requested Dr. William H. Craig, representing the applicant, Mr. William Canady, to step forward. He asked Dr. Craig if the applicant understands that if the request is denied, the rezoning petition could not be resubmitted for twelve months. Dr. Craig, a local orthodontist, requested the Board to approve the O&I Office and Institutional zoning so he and his partner could construct an office in the Porters Neck area. Chairman Davis asked if anyone from the audience would like speak in favor of the rezoning request. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition to the rezoning 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 rezoning approximately 0.88 of an acre of property located in the 8000 block of Market Street at the corner of Sweetwater Drive from R-15 Residential to O&I Office and Institutional, including the public right-of-way along Sweetwater Drive. 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 IN 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. PUBLIC HEARING TO CONSIDER A REQUEST BY DESIGN SOLUTIONS FOR ALLEN MASTERSON TO REZONE APPROXIMATELY 1.43 ACRES OF PROPERTY LOCATED AT 5713 CAROLINA BEACH ROAD SOUTH OF ROSA PARKS LANE BEHIND THE DISCOUNT HOUSE FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z-766, 06/03) Chairman Davis opened the Public Hearing. Planning Director Hayes presented an aerial map and slides of the site and surrounding properties. He reported that the applicant has requested the rezoning to add approximately 150 feet of depth to an existing B-1 Neighborhood Business District to expand an existing business. The subject property is located south of Rosa Parks Lane behind the Discount House and M&M Plumbing. Zoning in this area was established in 1971, and the frontage of the subject property was rezoned B-1 Neighborhood Business in 1982. The property is adjacent to a vacant lot on Rosa Parks Lane. Other zoning activity in the area includes approval of a 1997 Special Use Permit for the Autumn Care Nursing and Personal Care Facility located south of the subject property and several other expansions that occurred in 1999 and 2001 to the B-2 Highway Business District to the south. The property is classified as Resource Protection by the New Hanover County Comprehensive Land Use Plan and is within the Urban Services boundary. No conservation resources regulated by the County Zoning Ordinance exist on the site. The Resource Protection Classification does not preclude commercial development. Staff has confidence that the setback and buffering requirements of the Zoning Ordinance will provide adequate protection for the nearby residents on Rosa Parks Lane. Commercial development on the property will also be subject to the State and County stormwater management requirements. Planning Director Hayes reported that Ms. Cindee Wolf presented the request on behalf of her client, Mr. Allen Masterson, at the Planning Board meeting held on June 5, 2003. She informed the Planning Board that the applicant would like to expand his existing Home Supply Store. The proposed area to be rezoned would provide sufficient room to expand the business and not significantly intrude into the nearby neighborhood. Two people from the adjacent neighborhood presented concerns about existing noise generated from the business. After discussion about the noise, setbacks and buffering, the Planning Board voted 5-0 to recommend approval. Chairman Davis asked Planning Director Hayes if the rezoning request was consistent with the Comprehensive Land Use Plan. Planning Director Hayes responded that it was consistent with the Comprehensive Land Use Plan because the existing use is already in place. He advised that the Planning Board and Planning Staff recommend approval of the rezoning. Chairman Davis asked if the applicant would step forward. Ms. Cindee Wolfe, representing Mr. Allen Masterson the applicant and owner and of the property, stated that the noise referenced at the Planning Board meeting was coming from the adjacent property, not from the business owned by Mr. Masterson. She advised that the tract of land is deep and is a satisfactory distance from Carolina Beach Road. The property owner wants to expand his business as reported by the Planning Director. She requested the Board to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 675 approve the rezoning. Chairman Davis ask Ms. Wolfe if Mr. Masterson understood that if the rezoning request is denied, the petition cannot be resubmitted for twelve months. Ms. Wolfe responded that Mr. Masterson was aware of this fact and would like for the Board to hear the request and render a decision. Chairman Davis asked if any members of the Board would like to comment on the rezoning request. Commissioner Pritchett asked if the Live Oak tree would be disturbed with the proposed expansion. Ms. Wolfe responded that the Live Oak would not be moved or disturbed. Hearing no further comments, 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 Commissioner Boseman, to approve the request by Design Solutions for Allen Masterson to rezone approximately 1.43 acres of property located at 5713 Carolina Beach Road south of Rosa Parks Lane from R-15 Residential to a B-1 Neighborhood Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 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 65. PUBLIC HEARING TO CONSIDER A REQUEST BY DESIGN SOLUTIONS FOR ALLEN MASTERSON TO REZONE APPROXIMATELY 1.71 ACRES OF PROPERTY LOCATED AT 6314 CAROLINA BEACH ROAD SOUTH OF CATHAY ROAD ON THE WEST SIDE FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z-767, 06/03) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes presented a map and slides of the property and adjacent properties. He advised that the subject property was located on the west side of Carolina Beach Road south of Cathay Road. The property and the surrounding area were originally zoned R-15 Residential in 1971 with commercial zoning concentrated at the Golden Road intersection to the south. Since that time, there have been a variety of rezoning petitions. In the mid to late 1980’s, several rezoning requests were denied for the properties abutting Monterey Heights; however in the mid 1990’s, commercial zoning began to creep along the front of Monterey Heights through a series of Special Use Permits and Conditional Use zoning petitions. The result of these rezonings left the subject property surrounded by a Conditional Use Commercial District to the north, a large child daycare facility to the south, and a commercial gift shop directly across the road from the property. The benefit of Conditional Use Districts and Special Use Permits is that the site plan review process allowed for additional protection of Monterey Heights residents to the west. The commercial buildings along this stretch are set back from the residential lots more than 150 feet with an additional 20-foot buffer along the rear property line. Staff is confident that the minimum setback and buffering requirements provide sufficient protection for nearby residents; however, in order to further mitigate the potential impact on the residents, Staff recommends rezoning the property to O&I Office and Institutional to provide a better north-south transition and a better transition of uses abutting the residential subdivision. Planning Director Hayes reported that Cindee Wolf presented the petition on behalf of Mr. Allen Masterson to the Planning Board at the meeting held on June 5, 2003. Ms. Wolf stated that the proposed rezoning was a logical addition to the adjacent B-1 District. No one spoke in support or in opposition to the request. The Planning Board voted 4-1 to recommend approval as requested. Chairman Davis asked Planning Director Hayes if the B-1 rezoning would be consistent with the Comprehensive Land Use Plan. Planning Director Hayes advised that rezoning was consistent with the Comprehensive Land Use Plan. Chairman Davis asked why one member of the Planning Board voted in opposition. Planning Director Hayes advised that he was concerned about future plans for the property. Chairman Davis asked Ms. Cindee Wolf if the applicant was aware that if the petition is denied, it cannot be resubmitted for twelve months. Ms. Wolf responded Mr. Masterson was aware of this fact and he would like for the Board to hear the request and render a decision. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 676 Ms. Wolf reported that Planning Director Hayes gave an excellent representation of the request; however, the petitioner would like the Board to consider the B-1 zoning because setbacks and landscape requirements are interchangeable between O&I and B-1 zoning. Since the site is small, no intensive or obtrusive B-1 uses could be located on the property. Allowing the B-1 zoning would allow Mr. Masterson to have a few extra uses that would be reasonable and logical, such as a retail gift shop or dress shop. Chairman Davis asked if any member of the Board would like to comment on the rezoning request. Hearing no comments, 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 submitted by Design Solutions to rezone approximately 1.71 acres of property located at 6314 Carolina Beach Road on the west side, south of Cathay Road from R-15 Residential to B-1 Neighborhood Business as recommended by the Planning Board. Substitute Motion: Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to rezone the 1.71 acres of property located at 6314 Carolina Beach Road on the west side, south of Cathay Road from R-15 to O&I Office and Institutional as recommended by Staff. Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the SUBSTITUTE MOTION FAILED by a 2 to 3 vote. Vice-Chairman Greer, Commissioner Boseman, and Commissioner Caster voted in opposition. Chairman Davis called for a vote on the ORIGINAL MOTION to rezone the property from R-15 Residential to B-1 Neighborhood as recommended by the Planning Board. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett 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 65. PUBLIC HEARING TO CONSIDER A REQUEST BY THE WILMINGTON INTERNATIONAL AIRPORT TO REVISE SEVERAL SECTIONS OF THE AIRPORT HEIGHT ZONING ORDINANCE (A-329, 06/03) Chairman Davis opened the Public Hearing. Planning Director Hayes presented a map and reported that two new approaches were being added to the Wilmington International Airport on the west side of the property. These approaches will extend into Pender County and Brunswick County; therefore, the ordinance can only be applied to the area under the jurisdiction of New Hanover County. The County’s existing Height Restriction Ordinance will have to be amended to comply to FAA requirements for airport approach patterns. Planning Director Hayes advised that Deputy Airport Director Julie Wilsey, was present and would comment on the proposed amendments. Ms. Julie Wilsey reported that New Hanover County has an existing Airport Height Zoning Ordinance that was adopted on May 9, 1973. Since that time, the FAA has developed a new model height zoning ordinance that will have to be met by all airports. In 1999, the FAA approved a Master Plan for the Airport which included a 2,000 foot extension of Runway 24. The current ordinance only includes a length of 8,000 feet for Runway 24 and will have to be amended to include the additional 2,000 feet. The two approaches being added to the west side of the Airport and Runway 6 are not covered by the current ordinance; therefore, this section of the ordinance will have to be amended. In concluding the presentation, Ms. Wilsey advised that the N. C. Department of Aviation is urging the Airport to comply with FAA height requirements to assist with obtaining grants for the Airport. She requested the Board to approve the ordinance amendments to comply to FAA and State regulations. Discussion was held on how approval of the proposed revisions would be obtained from Brunswick County and Pender County. Ms. Wilsey explained that since the land south of Smith Creek is under the City’s jurisdiction, the City’s Height Zoning Ordinance will have to be amended, which will be no problem since this ordinance simply says that the Wilmington City Council will adopt and abide by the County’s Height Zoning Ordinance. Staff will have to work with Brunswick and Pender Counties in securing approval of the amendments. Chairman Davis expressed appreciation to Ms. Wilsey for the explanation. He asked Planning Director Hayes if there were any negative aspects to the proposed amendments. Planning Director Hayes responded that the purpose of the Airport Height Ordinance is to regulate the height of taller structures and trees in the vicinity of approaches to the Airport. There could be a future impact on trees and antenna locations in the Airport area; however, the ordinance should be amended to comply to FAA and State regulations. Chairman Davis asked if anyone from the audience would like to speak in favor of the proposed amendments. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 677 to the proposed amendments. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve amendments to sections of the New Hanover County Airport Height Zoning Ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 15.4 PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE SUBDIVISION ORDINANCE ON PRELIMINARY AND FINAL PLATS (A-326, 04/03) Chairman Davis opened the Public Hearing. Planning Director Hayes reported that the proposed amendments are in response to some comments made by an attorney and surveyor at the February 17, 2003, meeting of the Board of County Commissioners. The Planning Staff prepared a summary of these comments and recommends adoption of the following amendments to the New Hanover County Subdivision Ordinance: 1. Changes in the number of copies submitted and the size of maps to be recorded for the preliminary plat, final plat, and minor subdivisions 2.Clarification of language in terms of rights-of-way and easements 3. Clarification in language used to determine turnarounds and culs-de-sac 4. Additional language regarding the installation of permanent monuments placed in the ground when surveying new subdivisions 5. Clarification of language regarding active and passive recreational requirements that were recently adopted 6. Design specifications and references for sidewalks, trails, and bikeways 7. Omission and addition of updates to certifications required on the recorded map that are placed in the Courthouse upon approval In closing, Planning Director Hayes reported that the proposed amendments will not change the intent or purpose of the Subdivision Ordinance but will clarify the language so the ordinance can be better interpreted. He advised that the Planning Board voted 5 to 0 to recommend approval of amendments at the June 5, 2003 meeting. Chairman Davis asked if any members 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 proposed amendments. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition to the proposed amendments. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster to approve the amendments to the Subdivision Ordinance as recommended by the Planning Board and Planning Staff. Upon vote, the motion CARRIED UNANIMOUSLY. A copy of the amended ordinance to is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 15.5. CONSIDERATION OF A SITE PLAN REVIEW PROCESS FOR LARGE CAPITAL PROJECTS Planning Director Dexter Hayes reported that discussion has been held about establishing a coordinated review process for large capital projects being constructed by the County and other public agencies. This is especially critical in the preparation of site plans that result in new traffic needs and service demands because of the impact on an area. Currently, various boards and agencies independently pursue many projects such as Schools, Fire Stations, Libraries, and Park facilities without undergoing a comprehensive review. The Planning Board feels that the creation of a more formalized review process would be beneficial for long-range planning. The Commissioners are being requested to approve the concept and direct Staff to develop a review process to be presented and considered by the Board at a later date. Mr. Frank Smith, a member of the Planning Board, reported that it was the desire of the Planning Board to review large capital projects to better plan for the impact of these projects on transportation needs, utilities, and road connectivity. He stressed the importance of long-range planning and stated that a review process would benefit all parties involved in large capital projects. Vice-Chairman Greer spoke in support of the review process for large capital projects and stated that the Board should approve the concept and direct the Planning Board and Planning Staff to move forward with preparing a plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 678 Commissioner Boseman expressed appreciation to Mr. Smith for being so proactive with planning issues. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the review process concept for large capital projects and direct Staff to proceed with developing a review policy to be reviewed by the Planning Board and then forwarded to the Board of County Commissioners for final approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Reappointment of James C. Ballantine to serve on to the ABC Board and Appointment of Donald Zearfoss to Serve as Chairman of the ABC Board for the Ensuing Year Chairman Davis reported that one vacancy needed to be filled on the ABC Board and stated that three applications have been received with one applicant, James C. Ballantine, eligible to be reappointed to serve a second term. He opened the floor to receive nominations. Commissioner Boseman nominated Richard V. Hanson, Sr. The nomination did not receive a second. Commissioner Caster nominated James C. Ballantine to serve a second term on the ABC Board. The nomination was seconded by Commissioner Boseman. Chairman Davis informed Commissioner Boseman that he did not second the nomination for Mr. Hanson because Mr. Ballantine has been an excellent member of the ABC Board and deserves to be reappointed to serve a second term. Commissioner Boseman responded that she understood the Chairman’s reason and stated that she nominated Mr. Hanson because she had known him for her entire life. Chairman Davis called for a vote on the reappointment of James C. Ballantine. Vote: The Board voted unanimously to reappoint James C. Ballantine to serve a 3-year term on the ABC Board with the term to expire June 30, 2006. Chairman Davis reported that according to State Statutes, the Board of County Commissioners must appoint a Chairman of the ABC Board for the coming year. He advised that during the Thursday Staff Meeting, there was concern about Dr. Howard L. Armistead, the current Chairman of the ABC Board, not residing in New Hanover County. Clerk to the Board, Lucie F. Harrell, reported that an effort had been made to contact Dr. Armistead with no success. She advised that she would continue to make an effort to reach him. Chairman Davis asked if the Board wanted to proceed with appointment of a Chairman or defer action until Mr. Armistead has been contacted. Commissioner Pritchett commented on Dr. Armistead’s recent resignation from the Medical Center Board of Trustees because of a lack of time to serve in this capacity, and she suggested appointing another person to serve as Chairman of the ABC Board, particularly without knowing if Dr. Armistead resides in New Hanover County. Commissioner Caster nominated Donald Zearfoss to serve as Chairman of the ABC Board. Commissioner Pritchett seconded the nomination. Hearing no other nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the appointment of Donald Zearfoss to serve as Chairman of the ABC Board. Vote: The Board voted unanimously to appoint Mr. Zearfoss as Chairman of the ABC Board for the ensuing year. Chairman Davis requested the Clerk to the Board to notify Mr. Ballantine and Mr. Zearfoss of their appointments and write a letter of appreciation to Dr. Armistead for serving as Chairman of the ABC Board for a number of years. Reappointment of Judith Foley to Serve on the Adult Care Home Community Advisory Committee and Appointment of Mike Caulder, Sr. to Serve an Initial Term on the Adult Care Home Community Advisory Committee Chairman Davis reported that the Board of County Commissioners can appoint up to five (5) additional members to serve on the Adult Care Home Community Advisory Committee. He advised that two applications have been received in the names of Mike Caulder, Sr. and Judith M. Foley, who is eligible to be appointed to serve a 3-year term. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint Judith M. Foley to serve a 3-year term on the Adult Care Home Community Advisory Committee with the term to expire June 30, 2006 and to appoint Mike Caulder, Sr. to serve an initial 1-year term on the Adult Care Home Community Advisory Committee with the term to expire July 31, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested the Clerk to the Board to notify Ms. Foley and Mr. Caulder of their appointments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 679 Appointment of Doris G. Ayers, Joe Owen and Ronna T. Zimmer to Serve on the Airlie Gardens Foundation Inc. Board of Directors Chairman Davis reported that when the Airlie Gardens Foundation Board of Directors was originally established, the Board was comprised of 14 members with 5 being appointed by the Board of County Commissioners and the remaining 9 being designated members. The By-Laws for the Airlie Gardens Foundation, Inc. Board of Directors have been revised in an effort to streamline the number of members and place an emphasis on the funding aspect of Airlie Gardens. The Board of County Commissioners approved the revised By-Laws at the June 2, 2003 regular meeting. As a result of these changes, there are now 11 members on the Airlie Gardens Foundation, Inc. Board of Directors of which 9 members are appointed by the Board of County Commissioners, 1 member serves as a Commissioner designee and one member serves as a Corbett family designee. Currently, Mr. Albert Corbett is serving as the Corbett family designee and Chairman Davis is serving as the Commissioner designee. There are also 4 Commissioner appointees who are eligible to serve the remainder of their terms, Royce N. Angel, Louis A. Burney, Jr., Paula H. Lentz, and Bruce Williams. Chairman Davis advised that five vacancies exist and four applications have been received. He noted that Doris G. Ayers, Joe Owen, and Ronna T. Zimmer have applied since the new By-Laws became effective. The application for Christine Elizabeth Leahy is a holdover from 2002. She has been an active member of the Airlie Gardens Board and originally the representative for the Friends of Airlie. Recently, Ms. Leahy was designated as one of two Honorary Directors. Since Ms. Leahy is an Honorary Director, he would suggest appointing Doris G. Ayers, Joe Owen, and Ronna T. Zimmer to serve on the Airlie Gardens Foundation, Inc. Board of Directors, which will leave two vacancies that can be re-advertised to recruit additional applications. Commissioner Pritchett asked if Ms. Leahy was a voting member. Chairman Davis responded that an Honorary Director is a non-voting member. Commissioner Caster asked if Ms. Leahy would like to be a voting member. Chairman Davis responded that he had not discussed the issue with Ms. Leahy, but has contacted Director Thomas Herrera-Mishler to understand why Ms. Leahy was serving on the Board and was then designated as an Honorary Director. Commissioner Pritchett commented on this issue being a change in procedure and suggested appointing the three applicants who submitted applications under the current By-Laws and then write a note to Ms. Leahy to see if she wishes to apply for one of the two vacancies that will be re-advertised and filled. Chairman Davis advised that he would discuss this issue with Ms. Leahy. Commissioner Pritchett responded that she would be satisfied if Ms. Leahy is given an option to decide if she wants to apply for one of the two vacancies so she can become a voting member. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Doris G. Ayers, Joe Owen and Ronna T. Zimmer to serve 3-year terms on the Airlie Gardens Foundation, Inc. Board of Directors with the terms to expire June 30, 2006, authorize the Chairman to discuss the appointment with Ms. Leahy to see if she wants to be a voting member, and direct the Clerk to Board to re-advertise for the vacant positions. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis informed the Board that he would contact Ms. Leahy about the appointment and inform the Clerk to the Board about the number of positions to be filled before re-advertising for the positions. Chairman Davis requested the Clerk to the Board to notify Doris Ayers, Joe Owen and Ronna Zimmer about their appointments to serve on the Airlie Gardens Foundation, Inc. Board of Directors. Reappointment of Paul Burton To Serve on the Airport Authority and Appointment of Harry W. Stovall, III Chairman Davis announced that two vacancies exist on the Airport Authority and reported that 20 applications have been received with one current member, Paul Burton, eligible for reappointment. He also noted that one applicant, Mr. Frank Gibson, Jr., has requested that his name be removed from the list since he is extremely busy and may not be able to attend meetings. Chairman Davis opened the floor to receive nominations. Chairman Davis nominated Paul Burton for reappointment. The motion was seconded by Commissioner Caster. Commissioner Pritchett nominated William D. Bryden and stated that he was extremely qualified to serve on the Airport Authority since he was the former Director of the United Kingdom Air Traffic Management and was Vice- President of Airport Tower Systems with Lockheed Martin. Chairman Davis called for a second to the nomination of William D. Bryden. The nomination did not receive a second. Commissioner Caster nominated Robert Rippy. The nomination did not receive a second. Chairman Davis nominated Harry W. Stovall, III. The nomination was seconded by Commissioner Caster. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 680 Vice-Chairman Greer nominated Margaret Weller-Stargell. The nomination was seconded by Commissioner Boseman. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the reappointment of Paul Burton. Vote: The Board voted unanimously to reappoint Paul Burton to serve a 4-year term on the Airport Authority with the term to expire July 1, 2007. Chairman Davis called for a vote on the appointment of Harry W. Stovall, III. Vote: The Board voted 2 to 3 for appointment of Harry W. Stovall, III. Chairman Davis and Commissioner Caster voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Margaret Weller-Stargell. Vote: The Board voted to 2 to 3 for appointment of Margaret Weller-Stargell. Vice-Chairman Greer and Commissioner Boseman voted in favor. Chairman Davis stated that since Harry W. Stovall, III and Margaret Weller-Stargell received only two votes each, he would call for another vote. Chairman Davis called for a vote on the appointment of Harry W. Stovall, III. Vote: The Board voted 3 to 2 to appoint Harry W. Stovall, III to serve a 4-year term on the Airport Authority to expire July 1, 2007. Chairman Davis, Vice-Chairman Greer, and Commissioner Caster voted in favor. Chairman Davis called for a vote on the appointment of Margaret Weller-Stargell. Vote: The Board voted 1 to 4 on the appointment of Margaret Weller-Stargell. Commissioner Boseman voted in favor of the appointment. Chairman Davisrequested the Clerk to the Board to notify Mr. Paul Burton and Mr. Harry W. Stovall, III of their appointments. Appointment of William N. (Bill) Rose to serve on the Cape Fear Community College Board of Trustees Chairman Davis announced that one vacancy exists on the Cape Fear Community College Board of Trustees. He reported that six applications have been received and stated that one application in the name of Patricia F. Hickmon was received after the deadline. Chairman Davis opened the floor to receive nominations. Chairman Davis nominated William N. (Bill) Rose. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated Thomas Veach Long, II, Ph.D. The nomination did not receive a second. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the appointment of William N. Rose. Vote: The Board voted unanimously to appoint William N. (Bill) Rose to serve a 4-year term on the Cape Fear Community College Board of Trustees with the term to expire June 30, 2007. Postponement of Appointments to the Cape Fear Museum Board of Trustees Commissioner Pritchett reported that she had been meeting with the Cape Fear Museum Board of Trustees for a period of time and advised that the existing duties and functions of this Board were not clear nor compatible with other boards and committees. She requested the Board of County Commissioners to grant her authority to rewrite the By- Laws to change the Museum Board of Trustees to an Advisory Board to better serve the purposes of the Museum. She advised that the By-Laws would be ready to present to the Commissioners at the August 4, 2003, meeting. Chairman Davis advised that he had discussed this matter with the current Chairman of the Board, John Bernhard Thuersam and assured Mr. Thuersam that each member of the current Board of Trustees would be notified when the revised By-Laws would be discussed. Commissioner Pritchett noted that currently there are four (4) vacancies on the Museum Board of Trustees and stated that every effort will be made to move forward with appointments as soon as possible. Consensus: After discussion, it was the consensus of the Board to postpone appointments to the Museum Board of Trustees and authorize Commissioner Pritchett to rewrite the By-Laws to change the Museum Board of Trustees to an Advisory Board with the recommendation being presented to the Board of County Commissioners on August 4, 2003. Appointment of Neal W. Andrew, Richard J. Powers, Buck O’Shields, and Robert H. Williams to Serve on the Inspections Department Advisory Council Chairman Davis reported that five vacancies exist on the Inspections Department Advisory Council, one in each NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 681 of the following categories: Commercial Builder, Residential Builder, Engineer, Mechanical Contractor and Plumbing Contractor. Six applications have been received, with one member, Robert H. Williams in the Mechanical Contractor category being eligible for reappointment. Discussion was held by the Board on the application submitted by Mr. Robert N. Kern, who owns a business in New Hanover County, but resides in Southport, North Carolina. Since the Committee Policy adopted by the Board of County Commissioners requires an applicant to reside in the County, the Board requested the Clerk to re-advertise the Commercial Builder Category vacancy and write a letter to Mr. Kern explaining why he could not be considered for the vacancy. Chairman Davis advised that only one application had been received for the Residential Building category in the name of Buck O’Shields. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to appoint Buck O’Shields to fill an unexpired term on the Inspections Department Advisory Council in the Residential Building category. The term will expire July 31, 2004. Chairman Davis advised that two applications had been received for the Engineer category on the Inspections Department Advisory Council. He opened the floor to receive nominations. Commissioner Boseman nominated Sam J. Guidry. Chairman Davis seconded the nominations. After commenting on both applications being extremely capable, Commissioner Pritchett nominated Neal W. Andrew. The nomination was seconded by Commissioner Caster. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of Neal W. Andrew. Vote: The Board voted 3 to 2 to appoint Neal W. Andrew to serve a 3-year term on the Inspections Department Advisory Council in the Engineering category. The term will expire July 31, 2006. Chairman Davis called for a vote on the nomination of Sam J. Guidry. Vote: The Board voted 2 to 3 to appoint Sam J. Guidry. Chairman Davis and Commissioner Boseman voted in favor. Due the lack of a majority vote, Mr. Guidry was not appointed. Chairman Davis advised that one application has been received in the name of Robert H. Williams, who is a current member and desires to be reappointed as the representative for the Mechanical Contractor category. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint Robert H. Williams to serve a second 3-year term on the Inspections Department Advisory Council in the Mechanical Contractor category. The term will expire July 31, 2006. Chairman Davis advised that one application has been received from Richard J. Powers to serve in the Plumbing Contractor category. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to appoint Richard J. Powers to serve a 3-year term on the Inspections Department Advisory Council in the Plumbing Contractor category. The term will expire July 31, 2006. Chairman Davis requested the Clerk to the Board to notify Neal W. Andrew, Richard J. Powers, Buck O’Shields, and Robert H. Williams of their appointments to the Inspections Department Advisory Council. Reappointment of Estelle J. Caporale to Serve on the Jury Commission Chairman Davis announced that one vacancy exists on the Jury Commission and advised that no new applications had been received; however, Estelle J. Caporale, a current member who has served two consecutive terms, is interested and willing to serve another term. He requested direction from the Board. Commissioner Pritchett advised that according to the General Statute creating the Jury Commission, the terms are for two years with no reference to the number of terms; therefore, reappointing Ms. Caporale to serve a third term would be acceptable. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint Estelle J. Caporale to serve a 2-year term on the Jury Commission. The term will expire June 30, 2005. Appointment of Bruce M. Prouty to Serve on the New Hanover Regional Medical Center Board of Trustees Chairman Davis announced that one vacancy exists on the New Hanover Regional Medical Center Board of Trustees due to the resignation of Dr. Howard L. Armistead, Jr. He advised that since Dr. Armistead’s term expires September 30, 2003, discussion was held at the Thursday Staff meeting about allowing the person appointed to fill the unexpired term plus the 3-year term for an expiration date of September 30, 2006. This process will prevent having to reappoint that person within less than three months of the appointment. In further discussion, the Board agreed to extend the date of appointment to September 30. 2006. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 682 Commissioner Boseman advised that Mr. Robert D. Hoover, a current member of the Medical Center Board of Trustees, has written a letter to the County Commissioners requesting the Board to consider filling the vacant position with a person who has a strong financial background. After circulating the applications to members of the Medical Center Board of Trustees, all members felt a person with experience in auditing and finance was needed. She stated that Mr. Bruce M. Prouty has 30 years of public accounting experience and has worked with an major international accounting firm. She requested that consideration be given to appointing Mr. Prouty to fill the vacant position. Chairman Davis opened the floor to receive nominations. Commissioner Pritchett nominated her fellow Adult Scholar, Bruce M. Prouty. The nomination was seconded by Commissioner Boseman. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of Bruce M. Prouty. Vote: The Board voted unanimously to appoint Bruce M. Prouty to fill the vacancy on the New Hanover Regional Medical Center Board of Trustees created by the resignation of Dr. Howard L. Armistead for a 3-term that will expire September 30, 2006. Chairman Davis requested the Clerk to the Board to notify Mr. Prouty of his appointment. Appointment of William Y. Doran and Michael F. Edwards to Serve Initial Terms on the Nursing Home Community Advisory Committee Chairman Davis reported that two more vacancies could be filled on the Nursing Home Community Advisory Committee. Two applications have been received in the names of Michael F. Edwards and William Y. Doran. Motion: After discussion of the number of vacancies that occur on this committee and the need to fill every authorized position, Vice-Chairman GreerMOVED, SECONDED by Commissioner Caster, to appoint William Y. Doran and Michael F. Edwards to serve 1-year initial terms on the Nursing Home Community Advisory Committee. The terms will expire July 31, 2004. Chairman Davis requested the Clerk to the Board to notify Mr. Doran and Mr. Edwards of their appointments. Reappointment of Ruby R. Freeman and Keith Suttle to Serve on the Parks and Recreation Advisory Board Chairman Davis reported that two vacancies exist on the Parks and Recreation Advisory Board. Three applications have been received, and one current member, Ruby R. Freeman, is eligible for reappointment and desires to serve another term. He also noted that Mr. Keith Suttle, the current Chairman of the Parks and Recreation Advisory Board, has served two terms, and a letter has been received from Mr. Suttle requesting the Board of County Commissioners to consider appointing him to serve a third term. Chairman Davis requested Vice-Chairman Greer, the Commissioner representative on the Parks and Recreation Advisory Board, to comment on the request from Mr. Suttle. Vice-Chairman Greer informed the Board that Mr. Suttle is Chairman of the Parks and Recreation Advisory Board and has recently been appointed to serve on the Veterans Park Advisory Board, which is an important committee. He stated that he would be in favor of allowing Mr. Suttle to serve a third term if this was not a problem with his fellow Commissioners. Commissioner Pritchett expressed concern for not staying within the two-term limit and asked if Mr. Suttle had to be a member of the Parks and Recreation Advisory Board in order to serve on the Veterans Park Advisory Board. Vice-Chairman Greer responded that he thought that Mr. Suttle would have to be a member of the Parks and Recreation Advisory Committee; however, he was not completely sure of this fact. Chairman Davis asked Commissioner Pritchett if she would rather wait on the reappointment of Mr. Suttle for a third term until this question has been answered. In further discussion, the Board decided to proceed with the appointments. Vice-Chairman Greer nominated Keith Suttle to serve a third term and Ruby R. Freeman for reappointment. Commissioner Boseman seconded the nomination for reappointment of Ruby R. Freeman, and she nominated Daniel M. McIntyre to fill the remaining vacancy. Chairman Davis seconded the nomination for reappointment of Keith Suttle to a third term. Chairman Davis called for a second to the nomination of Daniel M. McIntyre. The nomination did not receive a second. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the reappointment of Ruby R. Freeman. Vote: The Board voted unanimously to reappoint Ms. Ruby R. Freeman to serve a second 3-year term on the Parks and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 683 Recreation Advisory Board with the term to expire June 30, 2006. Chairman Davis called for a vote on the reappointment of Keith Suttle to a third term. Vote: The Board voted unanimously to reappoint Mr. Keith Suttle to serve a third term on the Parks and Recreation Advisory Board with the term to expire June 30, 2006. Chairman Davis requested the Clerk to the Board to notify Mr. Suttle and Ms. Freeman of their reappointments. Reappointment of Walter R. Conlogue and Robert Franklin Smith and Appointment of Robin Wicks Robinson to Serve on the Planning Board Chairman Davis announced that three vacancies exist on the Planning Board and reported that ten applications have been received with two current members, Walter R. Conlogue and Robert Franklin Smith, seeking reappointment for a second term. He opened the floor to receive nominations. Commissioner Boseman nominated Walter R. Conlogue and Robert Franklin Smith for reappointment. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated James W. Souders. The nomination was seconded by Chairman Davis. Commissioner Caster nominated Robin Wicks Robinson. The nomination was seconded by Vice-Chairman Greer. There being no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the reappointment of Walter R. Conlogue and Robert Franklin Smith. Vote: The Board voted unanimously to reappoint Walter R. Conlogue and Robert Franklin Smith to serve on the Planning Board with the terms to expire July 31, 2006. Chairman Davis called for a vote on the nomination of Robin Wicks Robinson. Vote: The Board voted 3 to 2 to appoint Robin Wicks Robinson to serve a 3-year term on the Planning Board to expire July 31, 2006. Vice-Chairman Greer, Commissioner Boseman, and Commissioner Caster voted in favor of the appointment. Chairman Davis called for a vote on the nomination of James W. Souders. Vote: The Board voted 2 to 3 on the nomination of James W. Souders. Chairman Davis and Commissioner Pritchett voted in favor of the nomination. Chairman Davis requested the Clerk to the Board to notify Walter R. Conlogue, Robert Franklin Smith, and Robin Wicks Robinson of their appointments to the Planning Board. PUBLIC HEARING TO CONSIDER A RESOLUTION TO CLOSE A PORTION OF FIVE ACRE ROAD NORTH OF THE 6500 BLOCK OF MURRAYVILLE ROAD (SC-79, 02/03) Chairman Davis opened the Public Hearing. Planning Director Hayes advised that the road closing was a continued item and reported that Mr. Web Trask, on behalf of the New Hanover County Board of Education, petitioned the County to close a 285.85 foot segment of Five Acre Road located near the 6500 block of Murrayville Road. In accordance with N.C.G.S. 153A-241, the Board of County Commissioners adopted a Resolution of Intent to close the road segment on April 7, 2003. Planning Director Hayes reported that the site plan for Murrayville Elementary School provides adequate ingress and egress through a proposed 60-foot access from Murrayville Road to the school and campus. An agreement with the N. C. Department of Transportation (NCDOT) indicates that the 60-foot access will be dedicated in the future as a public road right-of-way. Improvements to Murrayville Road may be required by the NCDOT. Based on a broader view of the area between Murrayville Road and north to the By-Pass, Staff continues to be concerned that if the road segment is closed, access options for adjoining landowners with future development could become a problem. Without knowing the time table for future land development and road designs for the surrounding properties, Staff recommends allowing this segment of Five Acre Road to remain open since it will not jeopardize the construction or access to the Murrayville Elementary School campus. In closing, Planning Director Hayes advised that Mr. Jim Snow, the attorney representing the Board of Education and TF Holdings Limited Partnership, was present and would like to comment. Attorney Snow reported that the Board of Education requested Mr. Web Trask to submit a petition to close this segment of Five Acre Road. He presented a map of the Murrayville Elementary School site plan showing the new 60- foot wide feeder road that will provide access from the north to the south and stated this road should resolve the concerns of Staff. The roadway running along the south line of the property to Five Acre Road has no use because the road is a dead end street and has never been improved. The road bed is impassable and is heavily wooded with a large drainage ditch at the end of the street that serves as a drainage area for the school site and adjacent land. Closing this segment will not deprive any access to property owners located to the west and south of Five Acre Road. In closing, Attorney Snow requested the Board to close the 285.85 foot segment of Five Acre Road to assist NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 684 the School System in regulating vehicular traffic at the Murrayville Elementary School site. Mr. Eddie Anderson, representing the School System, reported that the Board of Education has approved the schematic design for the Murrayville Elementary School. When developing a new school site, the major issue is safety for the children and vehicular traffic. The School System strives to limit and control traffic around the school site as well as access in and out of the site. He presented a map of the site and pointed out that bus and vehicular traffic are separated. The driveway to the north will be used only for parent pick-up/drop-off and Staff parking. The driveway to the south will be used as a service entrance and for bus traffic. The two driveways will be on a collector street which will be developed by the School System. In closing, Mr. Anderson requested the Board to consider closing this segment of Five Acre Road. Chairman Davis asked if any members of the Board would like to comment. Vice-Chairman Greer referenced an item adopted by the Board earlier in the meeting regarding establishing a review process for all large capital projects by the Planning Board and suggested forwarding the road closure to the Planning Board for review. Planning Director Hayes explained that the review process has not been developed and stated that time will be involved with establishing a policy. Once the policy is developed, it will have to be approved by the Board of County Commissioners before it can be implemented. Vice-Chairman Greer stated that if time is not of the essence, he would suggest deferring action on the road closing until the review process has been established. Commissioner Boseman requested Planning Board members Frank Smith and Walter Conlogue if they would like to review the road closing. Both Mr. Smith and Mr. Conlogue requested an opportunity to review the road closing. Chairman Davis asked whether there would be a time limit on resubmitting the road petition if the Board votes to deny the request. Planning Director Hayes responded that no time limit is placed on road closings. Chairman Davis stressed the importance of the Board understanding that once the road is closed, it can never be reopened. Commissioner Pritchett referenced the continuation of Five Acre Road on the right side as shown on the map and stated that property owners on this side of the road are concerned about their access being denied if the proposed segment of Five Acre Road is closed. She also noted that the site plan shows Five Acre Road continuing through the adjacent property. Attorney Snow explained that the line on the map was a historical line, not a plan for Five Acre Road to continue through to adjacent properties. The development to the east of the new 60-foot road is platted with no road going through the subdivision. There is no plan to close any additional segment of Five Acre Road. When initially discussing the road closure, the Planning Staff suggested closing the entire road, which could have deprived people access to the west. If this segment of Five Acre Road is closed, no one will be deprived of access or road frontage because the registered heir’s property goes back to Five Acre Road. The current access to property owners provided by Five Acre Road will not change if the proposed segment is closed. Chairman Davis asked if anyone from the audience would like to speak in favor of the road closing. 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 requested direction from the Board. Commissioner Boseman stated that she felt the road closing should be reviewed by the Planning Board to be sure no future planning will be negatively impacted by closing this segment of Five Acre Road. Commissioner Caster advised that he had no problem with closing the proposed segment of Five Acre Road, but noted if other members of the Board feel the request should be reviewed by the Planning Board, he was not opposed. Chairman Davis stated that since the review process is not in place, he would suggest denying the request to allow the petitioners an opportunity to approach the Planning Board about the road closing with a recommendation from the Planning Board that can be forwarded to the Board of County Commissioners. He again reminded the Board that if this segment of the road is closed, it can never be reopened. Motion: Chairman Davis MOVED, SECONDED by Commissioner Boseman, to deny the request to close the 285.85 foot segment of Five Acre Road located near the 6500 block of Murrayville Road. Substitute Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to send the road closing petition to the Planning Board for review. Chairman Davis asked County Attorney Copley if the petition could be sent to the Planning Board when the review process is not in place. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 685 County Attorney Copley explained that since the Planning Board is an advisory board to the Board of County Commissioners, the Board can instruct the Planning Board to review the road closing. Chairman Davis requested Vice-Chairman Greer to remove his Substitute Motion so he could remove his Original Motion. Vice-Chairman Greer and Commissioner Caster removed their Substitute Motion. Chairman Davis and Commissioner Boseman removed the Original Motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to send the road closing petition to the Planning Board for review with a recommendation being forward back to the Board of County Commissioners for consideration. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 8:20 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 8:41 p.m. 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 Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented ADDITIONAL ITEMS Additional Items Presented by Commissioner Pritchett Report on the Great American Clean-up Sponsored by Keep America Beautiful Commissioner Pritchett advised that she was proud to report that 121 school classes consisting of approximately 3,025 students, participated in clean-ups on their school grounds. The City of Wilmington targeted illegal dumps and collected 44 tons of debris. Two tons of old books were recycled, and an anti-litter story was read to the vast majority of elementary students in New Hanover County. She noted that if New Hanover County had a Keep America Beautiful Director, the program would have been even more successful and stated it was rewarding to see the members of the Keep American Beautiful Board so willing to volunteer their time and energy to sponsor a successful clean-up. Memorial Service for Leslie Boney Commissioner Pritchett spoke on attending the Memorial Service for Leslie Boney, a local architect that designed many of the schools in the community, and stated that he was fine man who will be sorely missed. Opening Ceremonies for Black’s Marina and Microtel at Carolina Beach, N. C. Commissioner Pritchett advised that she attended the opening ceremonies of the Black’s Marina and the Microtel that just opened at Carolina Beach. She stated that both ceremonies were nice and enjoyed by all. Change of Command of U.S. Coast Guard Cutter Diligence Commissioner Pritchett advised that she attended the Change of Command Ceremony for the U. S. Coast Guard Cutter Diligence and stated that it was a pleasure to welcome Commander C. A. Blomme, back home as the new Captain of the Diligence She advised that it was interesting to listen to the impressive report on the activities of the Diligence during the past two years. Additional Items Presented by Chairman Davis Discussion of a Letter Received from Mayor Harper Peterson Inviting the Board of County Commissioners to Attend a Meeting Pertaining to Museums Chairman Davisadvised that a letter was received from Mayor Peterson requesting the Commissioners to attend a meeting on July 18, 2003, regarding museums and asked if any other member of the Board could attend the meeting. He advised that Ms. Ruth Haas, Director of the Cape Fear Museum, would be attending the meeting and could represent the County since three of the Commissioners would be out of town. Discussion of a Letter Received from Mr. Phillip Rose Regarding the Need for Adult Softball Fields Chairman Davis advised that a letter had been received from Mr. Phillip Rose, Founder of the Wilmington Senior Softball Association, requesting the County to provide more softball fields for adult players. He requested Vice- Chairman Greer to bring up this issue at the next meeting of the Parks and Recreation Advisory Board to see if this matter can be addressed. Vice-Chairman Greer responded that the Parks and Recreation Advisory Board was aware of the request and stated that the problem is having enough money to build more ballfields and expand current facilities. After further discussion, Chairman Davis requested Deputy County Manager Atkinson to prepare a response to Mr. Rose. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 686 Additional Item Presented by Commissioner Caster Discussion of Outdoor Burning Commissioner Caster advised that he had received calls from persons concerned about outdoor burning in residential areas of the unincorporated county and stated that he would discuss this matter with the County Manager and Fire Administrator to see if something could be done about the problem. Chairman Davisrequested Commissioner Caster to keep Commissioner Pritchett informed about the burn regulations since she serves on the Board of Fire Commissioners. CLOSED SESSION County Attorney Copley requested the Board to convene to Closed Session pursuant to N.C.G.S. 143.318.11(3) to give instruction to the County Attorney regarding a matter of litigation. Chairman Davis called for a motion to convene to Closed Session. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to convene to Closed Session for the purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened from Regular Session to Closed Session at 9:05 p.m. Chairman Davis reconvened to Regular Session at 9:15 p.m. and reported that no official action was taken in Closed Session; however, the Board did give the County Attorney instructions concerning a matter of litigation. Chairman Davis asked if any member of the Board or Staff had other additional items. County Attorney Copley advised that the Federal Trade Commission (FTC) is considering investigation and possible legal action requiring New Hanover County to divest itself of Cape Fear Memorial Hospital which is now a part of the New Hanover Regional Medical Center Network. A resolution has been prepared to forward to the FTC to show the County’s support of the merger of the two hospitals and opposition by the Board of County Commissioners for any forced divestiture. County Attorney Copley read the resolution into the record re-affirming the support of the Board of County Commissioners for the acquisition of Cape Fear Memorial Hospital by New Hanover Regional Medical Center on November 2, 1998. At that time the functions and operations of the two hospitals were consolidated. New Hanover County issued revenue bonds on behalf of the Medical Center for the purchase of Cape Fear Memorial Hospital. This bond revenue is pledged in order to pay off the bonds; therefore, the County wants the two hospitals to remain merged to ensure payment of the bonds. In closing, County Attorney Copley requested the Board to adopt the resolution so it could be forwarded to the FTC as soon as possible to show that the New Hanover County Board of Commissioners would like to continue the merger of the two hospitals. Chairman Davis called for a motion. Motion: Vice-Chairman GreerMOVED, SECONDED by Commissioner Caster, to adopt a resolution of support of the acquisition of Cape Fear Memorial Hospital by the New Hanover Regional Medical Center. Commissioner Boseman stated that as the Commissioner representative on the New Hanover Regional Medical Center Board of Trustees, she feels this issue is very serious and could negatively affect the County and its citizens for a long period of time. If the FTC orders the County to sell Cape Fear Memorial Hospital, the County will be in default of revenue bonds in the amount of $124,000,000, which will adversely affect the County’s bond ratings and require the taxpayers to pay the bond debt. Unfortunately, Cape Fear Memorial Hospital cannot be sold for $124,000,000. When Cape Fear Memorial Hospital was purchased, the Medical Center was in desperate need for more capacity. A decision was made by the Medical Center Board of Trustees at that time to acquire Cape Fear Memorial Hospital to have additional beds and operating rooms instead of entering into an expensive expansion of the Medical Center. The purchase of Cape Fear Memorial Hospital has proven to be a good decision; however, if the County is ordered to sell Cape Fear Memorial Hospital, New Hanover County will have a county subsidized hospital paid by tax dollars. Chairman Davis agreed with the comments made by Commissioner Boseman and advised that Vice-Chairman Greer, Commissioner Caster and he were on the Board of County Commissioners when the acquisition was made. The Medical Center was in desperate need of additional beds and the acquisition of Cape Fear Memorial Hospital was an excellent alternative to resolve the problem without spending millions of dollars on an expansion of the Medical Center. After hearing no further comments, Chairman Davis called for vote on the motion to adopt the resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 15.6. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JULY 7, 2003PAGE 687 Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board