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2003-12-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 846 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 1, 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; Assistant County Manager, Dave Weaver; Assistant County Manager, Patricia A. Melvin; 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 Relations, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. ELECTION OF ROBERT G. GREER AS CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND ELECTION OF JULIA BOSEMAN AS VICE-CHAIRMAN OF THE BOARD FOR THE ENSUING YEAR Chairman Davis requested County Attorney Wanda M. Copley to preside over the election of the Chairman and Vice-Chairman of the Board of County Commissioners. County Attorney Copley opened the floor to receive nominations for Chairman of the Board. Motion: Commissioner Pritchett moved to re-elect Commissioner Ted Davis, Jr. as Chairman of the Board. The motion was seconded by Commissioner Davis. Substitute Motion: Commissioner Caster moved to elect Robert G. Greer as Chairman of the Board. The motion was seconded by Commissioner Boseman. Hearing no further nominations, County Attorney Copley declared the nominations closed. County Attorney Copley called for a vote on the substitute motion. Upon vote, the Board voted 3 to 2 to elect Robert G. Greer to serve as Chairman of the Board of County Commissioners for the ensuing year. Commissioner Davis and Commissioner Pritchett voted in opposition. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board of County Commissioners. Motion: Commissioner Caster moved to elect Julia Boseman as Vice-Chairman of the Board. The motion was seconded by Chairman Greer. Commissioner Davis advised that before he came to the meeting he had spoken to Commissioner Boseman and she said she would support his re-election as Chairman for the coming year. Before the meeting was called to order, Commissioner Boseman informed him that she had changed her mind since she had an opportunity to serve as Vice- Chairman of the Board. He stated that even though Commissioner Boseman had not kept her word, he would vote for her to serve as Vice-Chairman. Commissioner Pritchett advised that she would vote for Commissioner Boseman with the clear understanding that she was offered the same deal and turned it down because she had already told Commissioner Davis that she would support him for the chairmanship. Hearing no further nominations, County Attorney Copley called for a vote on the motion. Upon vote, the Board voted unanimously to appoint Julia Boseman as Vice-Chairman of the Board of County Commissioners for the ensuing year. Chairman Greer expressed appreciation to the members of the Board for electing him as Chairman and stated that he looked forward to serving in this capacity. He also expressed appreciation to Commissioner Davis for his leadership and outstanding job while serving as Chairman of the Board for the past three years. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 2:10 p.m. to hold a meeting of the Water and Sewer District to appoint a Chairman and Vice-Chairman of the District Board. Chairman Greer reconvened to Regular Session at 2:20 p.m. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 847 Commissioner Caster referenced Consent Agenda Item 3 and requested an explanation of why the bid estimate submitted by McKim and Creed was not shown on the bid tabulation sheet. Assistant Project Engineer Max Maxwell explained that the original bid estimate submitted by McKim and Creed was $350,000 to construct a new water and sewer line to Airlie Gardens and a new lift station. Road improvements were not included in the estimate. The bid submitted by Thompson and Company in the amount of $396,486 included a new entry road and improvements to the entrance gate. Commissioner Caster expressed appreciation to Mr. Maxwell for the explanation. Chairman Greer called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on November 3, 2003, as presented by the Clerk to the Board. Approval of Grant Application in the Amount of $29,450 for New Hanover Regional Medical Center (NHRMC) Emergency Medical Services (EMS) The Commissioners approved a Flow-Through Grant application in the amount of $29,450 submitted by New Hanover Regional Medical Center Emergency Medical Services as required by the State. The funds will be used to purchase decontamination equipment, personal protection equipment, and Bioterrorism Preparedness Training. The County Manager was authorized to sign the grant document and to accept the grant if it is awarded, and the Finance Director was designated as the fiscal officer. No budget amendment is required since the funds will flow through a special account that is not part of the General Fund. Approval of Contract #04-0094 for Airlie Gardens Water and Sewer Expansion The Commissioners awarded Contract #04-0094 to Thompson and Company, the lowest bidder, in the amount of $396,486 to install a new water line tap on Airlie Road to supply City water and sewer to Airlie Gardens, a new lift station, force main, and road improvements. Completion of this project will allow restroom facilities to be installed at Airlie Gardens. The Chairman was authorized to execute the contract. Approval of Changes in Bank of America Commercial Segment Deposit Account Signature Card for the New Hanover County/Jail Inmate Escrow Account The Commissioners approved changes in the Bank of America Commercial Segment Deposit Account Signature Card for the New Hanover County/Jail Inmate Escrow Account as a result of personnel changes in the Sheriff’s Department. Acceptance of Federal Fire Act Grant in the Amount of $100,690 for Castle Hayne Fire Department to Purchase Self-Contained Breathing Apparatus and Approval of Associated Budget Amendment #04-0087 The Commissioners accepted a Federal Fire Act Grant in the amount of $100,690, approved a County match of $10,069 (10%), which will be reimbursed from the Fire Service District Administrative Reserve, and approved the associated Budget Amendment for the Castle Hayne Fire Department to purchase self-contained breathing apparatuses. The current air-packs are old and have resulted in several failures. Budget Amendment #04-0087-Fire Service District AdjustmentDebitCredit Administrative Reserve$10,069 Castle Hayne Volunteer Fire Department$10,069 Explanation: To transfer funds from Administrative Reserve to Castle Hayne Volunteer Fire Department for required local match for Federal Fire Act funding. Approval of Budget Amendment #04-0083-Human Service Transportation The Commissioners approved the following Budget Amendment: Budget Amendment #04-0083-Human Service Transportation AdjustmentDebitCredit DOT-Administration-State$7,640 Contract Services$2,940 Computer Expense$4,700 Explanation: To adjust the budget to the actual amount of grant awards for FY 2003-2004. Approval of Budget Amendment # 04-0088-Fire Services The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 848 Budget Amendment #04-0088-Fire Services AdjustmentDebitCredit Administrative Reserve$47,000 M&R Equipment$10,000 Firefighting Supplies$37,000 Explanation: When the FY 2003-2004 Budget was adopted, funds were placed in the Administrative Reserve to be transferred during the year to replace aged equipment and fund other items necessary to work toward improving the fire insurance rating. The transfer of funds from the Administrative Reserve will be used for turnout gear repair in the amount of $10,000 and firefighting supplies in the amount of $37,000 to improve fire protection in New Hanover County. Approval of Budget Amendment # 04-0091-Human Service Transportation The Commissioners approved the following Budget Amendment: Budget Amendment #04-0091-Human Service Transportation AdjustmentDebitCredit General Public Allocation$45,131 Contract Services-General Public$45,131 Explanation: To increase budget to actual amount of General Public Transportation funding for FY 03-04. Approval of Budget Amendment # 04-0095-Social Services The Commissioners approved the following Budget Amendment: Budget Amendment #04-0095-Social Services Adjustment Debit Credit DSS Admin Grants$104,587 Office Day Care Service$686,177 Assistance Payments$ 87,430 Day Care Services$686,177 Day Care Services$ 9,038 Assistance Payments$ 8,119 Explanation: To budget additional Federal dollars for day care services and administration. No additional County dollars are required. CONSIDERATION OF RECOMMENDATION TO ALLOW ALL FUNDS GENERATED BY AIRLIE GARDENS TO BE APPROPRIATED TO THE AIRLIE GARDENS FOUNDATION BOARD OF DIRECTORS Director Herrera-Mishler reported that the Airlie Gardens Foundation Board of Directors was established in 1999 for the purpose of working with the Board of County Commissioners to develop Airlie Gardens into a public garden and to seek financial resources to allow the garden to become self-sufficient. The Foundation Board has successfully initiated and sponsored an excellent concert series, a major arts festival, and an annual oyster roast, which is the largest in Wilmington. The Foundation is in the process of sponsoring a holiday light show which will be held at Airlie Gardens in December 2004. The Foundation has raised approximately $200,000 through grants for environmental education and for development of a unique sculpture garden to celebrate the artistic vision of Minnie Evans, one of Wilmington’s most recognized artists. These programs and projects have helped to fulfill the mission of Airlie Gardens which is to provide cultural and educational programming for the community. The membership in the Friends of Airlie has grown from a base of 125 members to over 1,300 members. The Foundation recently launched a volunteer program to provide a wide range of opportunities for people to volunteer their services. The Airlie Volunteer Guild has grown from a base of 10 members to over 250 members. It is anticipated that the volunteer base will continue to grow in the coming years. Last year, volunteers worked with the Airlie Staff to plant over 26,000 spring bulbs. When Airlie Gardens was purchased five years ago, the economy was robust and it was an ideal time to raise funds for the garden. When the economy changed, New Hanover County understandably could not fund the Foundation Endowment with both of the originally planned $200,000 payments, and the Foundation only received $100,000 during the current year. Allowing the Foundation to keep revenue received from admissions and weddings would enable the Foundation Board to slowly replace the $500,000 shortfall and make improvements that will attract more events and visitors. In concluding the presentation, Director Herrera-Mishler requested the Board to consider the request so the Foundation Board can build a stronger financial position and eventually become a self-sufficient public garden. Commissioner Davis spoke on being proud to serve as a member of the Foundation Board of Directors and stated that every member of the board gives a great deal of time and effort to ensure that Airlie Gardens will continue NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 849 to grow. He urged the Commissioners to consider the request so that Airlie can eventually become a self-sufficient public garden. Chairman Greer expressed concern for allowing all revenue generated by Airlie Gardens to be allocated to the Foundation Board and stated that he would be more amenable to allowing half of the revenue to be appropriated to the Foundation and the remaining half to the County’s General Fund, which in his opinion would be better accepted by the taxpayers. Director Herrera-Mishler advised that the Foundation Board had given a great deal of thought about how to raise additional revenue and stated that the proposed allocation would be the first step toward allowing the garden to become self-sufficient and reach its potential. He also noted that the idea came from Mr. Jim Lanier, a member of the Foundation Board, who has experience with operating the Ft. Fisher Aquarium and who feels that revenue generated from admissions is the key to building self-sufficiency. The Foundation Board also feels that receiving this additional revenue will create an incentive for the volunteers to work harder to maximize the additional dollars received. Commissioner Caster advised that he would support the request because the original goal was for Airlie Gardens to become a self-sufficient public garden. Commissioner Pritchett expressed concern for the County subsidizing the entire operation of Airlie Gardens without receiving the revenue generated by Airlie Gardens. Director Herrera-Mishler stressed the importance of the Commissioners understanding that the programming at Airlie Gardens is currently funded through other sources, particularly the environmental education programs and the cultural events. Hearing no further comments, Chairman Greer requested direction from the Board. Motion: After further discussion on the need for Airlie Gardens to become self-sufficient, Commissioner Caster MOVED, SECONDED by Commissioner Davis, to approve the request for all funds generated by Airlie Gardens to be appropriated to the Airlie Gardens Foundation Board, effective January 1, 2004. Substitute Motion: Chairman Greer MOVED to approve 50% of all funds generated by Airlie Gardens to be allocated to the Airlie Gardens Foundation Board with the remaining 50% allocated to the County’s General Fund to pay for costs associated with operating Airlie Gardens. The MOTION DID NOT RECEIVE A SECOND AND FAILED. Chairman Greer called for a vote on the original motion to approve the request submitted by the Airlie Gardens Foundation Board. Upon vote, the MOTION FAILED by a 2 to 3 vote. Chairman Greer, Vice-Chairman Boseman, and Commissioner Pritchett voted in opposition. Chairman Greer asked the Board if a compromise could be worked out to support the Foundation Board. Commissioner Caster advised that since his original motion failed, he would vote to support the 50-50 split. Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve 50% of all funds generated by Airlie Gardens to be allocated to the Airlie Gardens Foundation Board with the remaining 50% allocated to the County’s General Fund to pay for costs associated with operating Airlie Gardens. Commissioner Davis noted that if the County Commissioners want Airlie Gardens to become self-sufficient, it will be necessary to provide some funding resource, which in this case is allowing the Airlie Gardens Foundation Board to keep revenues generated from Airlie Gardens. The Foundation Board is aware of the fact that the amount of revenues received will be analyzed by the Board of County Commissioners during the budget process. Commissioner Pritchett advised that she was opposed to the timing of the request since it is in the middle of the current budget year and should be addressed during the budget process. Vice-Chairman Boseman also suggested discussing this issue during the budget process. Chairman Greer called for a vote on the motion for a 50/50 split. Upon vote, the MOTION FAILED 2 to 3. Vice-Chairman Boseman, Commissioner Davis, and Commissioner Pritchett voted in opposition. Chairman Greer expressed appreciation to the members of the Foundation Board for the effort and support given to develop Airlie Gardens. PUBLIC HEARING TO CONSIDER REQUEST BY STROUD ENGINEERING FOR PALM BEACH DEVELOPMENT GROUP FOR A SPECIAL USE PERMIT FOR A HIGH DENSITY DEVELOPMENT IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 1050 DUNHILL LANE Chairman Greer opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in by the Clerk to the Board: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 850 Dexter Hayes Cindee Wolf Jay Hutchings James H. Fentress Charlie Rivenbark Kathy Coleman William McKenzie Herbert A. Speight, Sr. Daryl McNair Chairman Greer announced that the applicant and opponents would be allowed a total of 20 minutes to present their arguments, with 15 minutes each for the presentations and five minutes each for rebuttals/cross examinations. He requested Senior Planner Baird Stewart to make the presentation on behalf of the Planning Staff and Planning Board. Senior Planner Stewart presented slides of the property, adjacent properties, and the site plan located at 1050 Dunhill Lane behind the AmeriHost Inn & Suites south of Monkey Junction. The primary entrance from the site will be from Carolina Beach Road to a service road around the property with a secondary access on Dunhill Road, which is the primary access to Brewster Place Subdivision. Senior Planner Stewart reported that the applicant's landscape architect presented the site plan to the Planning Board on September 4, 2003, and explained that storm water management was already in place on the site, the required landscaping could be accommodated and the primary access to the project would be from Carolina Beach Road. The architect also noted that the use would be a reasonable transition from commercial to single-family residential. Three people from the nearby Brewster Place Subdivision spoke in opposition to the proposed 18 unit high density development expressing concerns about the proposed project having a negative impact on property values, increased traffic, trash in the right-of-way, maintenance of the existing storm water pond, and overflow parking that occurs on the street when there are board meetings at the AmeriHost Inn & Suites. The Planning Board debated and discussed all of the issues presented and ultimately voted 4-1 to recommend approval with two conditions: (1) provision of a vegetative buffer with an 8 foot high fence on the north side of the ditch to screen parking and the building; and (2) provide a vegetative buffer around the pond along Dunhill Lane and Chilmark Court. Senior Planner Stewart presented the following findings of fact: 1.The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The subject property is located within the Myrtle Grove Fire District. B.The site will be served by City water and County Sewer. C.Access to the site is from Carolina Beach Road which is classified by the New Hanover County Thoroughfare Classification Plan as an Arterial. Secondary access to the project is from Dunhill Lane which is a public road maintained by the NCDOT (SR2585). 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The site is located in an R-15 Residential Zoning District. B.A site plan which meets the requirements of the Zoning Ordinance has been submitted and reviewed. C.The County Engineering Department has indicated that the existing detention pond shown on the plan has sufficient capacity to meet County Stormwater Regulations. Stormwater requirements and water and sewer will be further reviewed when construction plans are submitted. D.All required landscaping and buffering can be accommodated. 3.The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The subject property is zoned R-15 Residential and is adjacent to an existing commercial district occupied by the AmeriHost Inn & Suites. B.High Density development is permitted within the R-15 District provided that the land is classified Developed or Urban Transition and there is access to a major or minor arterial. The subject property is classified Developed and access is provided from Carolina Beach Road. C.The nearby Brewster Place Subdivision is zoned R-10 Residential with a density of 3.3 dwelling units per acre. D.The required landscaping and buffering is sufficient to protect Brewster Place residents. E.No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. F.The subject property is a transitional property between higher intensity commercial uses and the medium density R-10 Brewster Place Subdivision. 4.The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.The site is classified as Developed by the Comprehensive Land Use Plan and is within the urban growth boundaries. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 851 scheduled within the immediate future. B. Housing policies in the Comprehensive Land Use Plan state: “The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing.” Chairman Greer requested the petitioner to step forward to present testimony. Ms. Cindee Wolf, a landscape architect representing the petitioner, reported when the AmeriHost Inn & Suites decided to locate in this vicinity of Carolina Beach Road two years ago, the company petitioned to rezone the subject tract for business similar to the B-2 zone existing on the frontage of the tract. Residents of Brewster Place Subdivision did not feel it was appropriate to have a business use next to single-family homes; however, the petitioner feels it would not be logical to develop the subject tract for single-family homes. Good land planning suggests that it is best to use types of transitional development to place the higher business uses along a business highway corridor. The site plan presented by the petitioner satisfies that concept of good land planning in proposing a small multi-family residential project, which is a good transitional use for the property. The petitioner is working within the regulations of the existing R-15 Residential Zoning District to provide housing with a Special Use Permit, which by definition allows flexibility for alternative development by means of controls that minimize any negative impact on surrounding properties. The site plan presented has accomplished this goal. In addition to agreeing with Staff findings to support approval of the petition, the proposed plan meets the four general requirements of the Zoning Ordinance: 1. The Use will not Substantially Injure the Value of Adjoining or Abutting Property: The primary access to the property is from a driveway off the highway service road. The owners have worked at length with New Hanover County and the NCDOT to coordinate a solution to eliminate the existing driveway into the AmeriHost Inn & Suites in favor of an access intersection that will be shared not only by this project but by the hotel and by the development that will imminently occur to the south of the property. A person is present to report that the owners of the subject property and other property owner have worked out accommodations to share the access. The driveway to Dunhill Lane will be a secondary access to accommodate emergency access to the site. 2. The Use Meets all Required Conditions and Specifications of the Zoning Ordinance: The plan has been reviewed and all the necessary permits will be required prior to construction. The building has been sited to the maximum extent of setbacks from a residential subdivision. The closest house is over 200 feet and the houses across the street are in excess of 200 feet. The heavy vegetation along the border of the ditch running along the property boundary will remain undisturbed and the petitioners have agreed to install an 8-foot high fence with additional buffer plantings along the petitioner’s side of the ditch running along the parking area. The fence and additional buffer plantings will screen the view of the 3-story building from the back of a few residents along Chilmark Court. Calculations have already been compiled for the street yard interior landscaping requirements and foundations. 3. The Use will Not Substantially Injure the Value of Adjoining Property: Ms. Wolf informed the Board that Mr. William McKenzie, a North Carolina Certified General Real Estate Appraiser will present a brief statement on property valuations. It is contended that the proposed development with the required landscaping should be an improvement over the existing scenery. Complaints have been received about the property owner performing some preliminary clearing. The clearing of any non-regulated vegetation was approved by the County Zoning Office for the purpose of security. The lot had been previously used as a neighborhood recreation area with crudely constructed bike ramps, residual effects of paint ball warfare, and trash from littering. Other complaints were received about the pond maintenance. The existing pond had already been approved by the State to handle the storm water management for the AmeriHost Inn & Suites and for any other development that would occur on surrounding properties. Presently, the pond is oversized for the current use and will not hold water. With additional development, the pond will properly function as designed, and it will be screened by the required street yard and buffer vegetation. 4. The Location and Character of the Use if Developed According to the Plan as Submitted and Approved will be in Harmony with the Area in Which it is to be Located: This is an urban growth area with services in place. The subject property is near a major commercial node in the County. With commercial uses along the highway and a large restaurant being constructed across Dunhill Lane, the proposed 18 unit residential building would be a reasonable transitional use between the Business and the R-10 Residential District. The design of the building provides an architectural example of the aesthetics, style, colors, site fixtures, and foundation landscaping. The 3-story building is similar to the AmeriHost Inn & Suites, but it is reduced in total height. The owners desire to develop an attractive residential facility. The condominiums will be available for individual ownership, and the provision of alternative housing options is an advantage to the entire community. The location and character of the proposed project does comply to zoning regulations and will be in harmony with the surrounding area. In concluding the presentation, Ms. Wolf advised that with an expanding economy, growing population, and market desire for high quality residences in this area, there is a demand for this type of development. She advised that Mr. William McKenzie, a State Certified General Real Estate Appraiser, would like to speak. Mr. McKenzie, a partner of Ingram and McKenzie Associates, a real estate appraisal company in Wilmington, N. C., informed the Board that he had been an appraiser in New Hanover County for nine years. He reported that after reviewing the concept and scope of the petitioner’s proposal, it was his opinion that the use will not substantially injure NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 852 the value of adjoining or abutting property. The sales history of a portion of Brewster Place (41 lots located along Chilmark Court, Wellfleet Court, and the eastern end of the subdivision) shows that the AmeriHost Inn & Suites has not decreased the value of surrounding properties. From August 1997 to the present time, the price of houses sold has increased as reflected on the deeds. No resales have shown any decline in the value of adjoining or abutting properties. Chairman Greer asked Ms. Wolf if the petitioner agreed with the findings of fact and conditions as recommended by the Planning Board. Ms. Wolf responded that the petitioner agrees with the findings of facts and conditions as recommended by the Planning Board. Chairman Greer asked if any person sworn in by the Clerk to the Board would like to present testimony in favor of the proposed project. Mr. Charlie Rivenbark, representing Jim and Betty Turlington owners of 1.93 acres south of the subject property, reported that his clients are in favor of the proposed use for the property because of surrounding uses, i.e Kohls Custard to the south, the Myrtle Grove Volunteer Fire Department, and the AmeriHost Inn & Suites to the north. The property owners are not in a rush to sell the property, but since the proposed use meets the criteria of the New Hanover County Zoning Ordinance, Mr. and Mrs. Turlington have agreed to enter into an easement agreement with Palm Beach Development to enable the company to close one driveway close to Dunhill Lane and eliminate another driveway on the Turlington property which will create a common shared driveway when the Turlington property is developed. He respectfully requested the Board to consider approving the project. Hearing no further comments, Chairman Greer asked if any person sworn in by the Clerk to the Board would like to present testimony in opposition to the proposed use. Ms. Kathy Coleman, a resident of 5615 Chilmark Court, reported that she moved into Brewster Place in 1997 and stated that when the AmeriHost Inn & Suites project was approved she was concerned about the height of the building being so close to a residential community. When hearing about the Brewster Arms condominium project being a 3-story building, she became extremely concerned because the project will be abutting her property and an 8-foot fence will not protect the privacy of her residence. Ms. Coleman presented pictures of how a 3-story building will look next to a 1-story building and stated any adjacent property owners will lose their privacy. She requested the Commissioners to consider a 2-story building in lieu of a 3-story building, if the project is approved. She also expressed concern for increasing traffic on Dunhill Lane which already accommodates an overflow of people from the hotel as well as the residents of Brewster Place. If an emergency exit is required, the Board of County Commissioners should consider the entrance into the Brewster Arms condominium project. Mr. Herbert A. Speight, a resident of 915 Brewster Lane, expressed concern for construction of a 3-story building that will result in he and his wife completely losing their privacy when using the backyard. He presented a picture of his property showing the proximity of Brewster Arms condominiums to his backyard and stated that an 8-foot fence would not protect their privacy. He also informed the Board that a person visited him and asked if a compromise could be reached among the residents living in Brewster Place. After discussing this issue with the neighbors, that person was informed that a 2-story building would be more acceptable to the residents. In closing, Mr. Speight noted that he was not opposed to growth and stated that he had worked for Mr. Terry Turner approximately14 years and helped construct Brewster Place; however, the privacy of existing residents should be protected. He also referenced the study performed by Mr. McKenzie and stated that the price of housing increases approximately $2,000 every year due to the rising costs of building materials. Mr. Daryl McNair, a resident of 5615 Chilmark Court, advised that the residents are not against growth and development, but the residents are concerned about privacy and being sure that property values continue to increase. He expressed concern for children in the neighborhood with increased traffic on Dunhill Lane and stated that none of the residents want a 3-story building close to their community. This could set a precedent with future development of surrounding properties which would decrease the value of properties in the future. He referenced the remarks made by the appraiser regarding the resale of homes not showing any decrease in property values because of the hotel, and stated that Mr. and Mrs. Perry have been trying to sell their home. An interested buyer wanted to purchase the property but was concerned about the proposed condominium project. In closing, Mr. McNair advised that a solution to address all of the concerns expressed by the residents is for the developer to consider constructing a 2-story building. He requested the Board to defer action on the request to allow time for the developer to consider this option. Chairman Greer expressed appreciation to the residents for their remarks and asked Ms. Wolf if she would like a 5-minute rebuttal period. Ms. Wolf referenced the height of the 3-story building and noted that it would not be next to adjacent homes. In the pictures just shown without the required buffering and fence, it is difficult to actually see the houses because of the distance between the building and adjoining properties. With reference to the traffic issue, it would not make sense for the residents of the condominiums to make a left turn into Brewster Place. Since Dunhill Lane is a commercial street, the residents should be careful about allowing children to play near the street, particularly after construction of the new Rucker Johns Restaurant. With reference to constructing a 2-story building, the structure would be nearer adjacent properties because NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 853 the building footprint and impervious surfaces will be increased. The 3-story building is located as close as possible to the hotel and Dunhill Lane by virtue of buffers and the easement running down to the ditch. The petitioner feels that the distance is sufficient and satisfies the separation of the two uses. In further discussion of the distance of the condominium building from the nearest property owner, Ms. Wolf explained that the condominiums will be 125 feet from the corner of the nearest property to the wall of the 3-story building; however, the building is 200 feet from the nearest wall of the house on the adjacent property to the wall of the 3-story building because of the backyard. Commissioner Caster expressed concern for the secondary access becoming the primary entrance and asked if the entrance behind the AmeriHost Inn & Suites would be closed. Ms. Wolf responded that the entrance behind the hotel would not be closed because the property is owned by AmeriHost Inn and Suites. The secondary access was required by the Planning Staff and the petitioner has complied to that request. Hearing no further comments, Chairman Greer asked if the opposition would like to have a 5-minute rebuttal period. Mr. Speight advised that he failed to mention the lighting which will greatly impact Mr. Perry who is experiencing a problem with lights from the AmeriHost Inn & Suites. Chairman Greer explained that directional lighting can be required as a condition of the Special Use Permit to avoid any intrusion on adjacent properties. Mr. Speight also noted that when traveling South College Road there are no 3-story buildings until you reach Monkey Junction. The residents are concerned about the height of the building and they would be more satisfied with a 2-story building. Commissioner Davis asked Mr. Stewart if Staff had any concern about the height of the building. Senior Planner Stewart responded that the maximum building height is 35 feet in the R-10 and R-15 zoning districts. The proposed 3-story building had to be set back 2.75 times the building height to be approved for the site. Construction of a 2-story building with 18 units would not be feasible because of the additional footprint size and impervious surfaces which would be difficult to reconfigure on the lot. It is also doubtful that the density requirements could be met. The Planning Staff is not concerned about the proposed development plan. Commissioner Pritchett requested Senior Planner Stewart to show where the new restaurant will be located. Senior Planner Stewart pointed out on the map where the new restaurant would be situated on B-2 zoned property located on the other side of Dunhill Lane. Commissioner Pritchett commented on the remarks about overflow parking on Dunhill Lane from AmeriHost Inn & Suites and asked if there is sufficient parking for hotel guests. Mr. Speight responded that when meetings are held at the hotel, overflow parking occurs along Dunhill Road as shown in the pictures. Commissioner Caster asked if anyone had actually checked to see if all parking spaces behind the hotel were full when overflow parking occurred. Mr. Speight responded that in most cases people who attend board meetings will park along the road when the parking lot is not full. Commissioner Pritchett commented on the adjacent properties and asked if the Planning Staff was aware of any plan for vacant properties to the south. Senior Planner Stewart responded that the frontage of the property to the south is zoned B-2 Highway Business to the same depth as the AmeriHost Inn & Suites with the back portion zoned R-15 Residential. He also noted that he was not aware of any development for these properties at this time. Hearing no further comments, Chairman Greer closed the Public Hearing. He requested direction from the Board. Motion: After discussion of the most appropriate use for the property, Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Special Use Permit to the Palm Beach Development group for construction of a 2-story building subject to the two conditions recommended by the Planning Board and the use meeting the four requirements of the Zoning Ordinance. Discussion followed on whether it would be legal for the Board to approve the request without seeing the footprint of the 2-story building. County Attorney Copley informed the Board that the footprint should be reviewed by the Commissioners to determine the impact of the project on surrounding properties. Ms. Wolf informed the Board that the Palm Beach Development Group, LLC feels that the conditions of the Special Use Permit have been met by mediating any negative impact on the adjacent neighborhood and the petitioners NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 854 would like for the Board of County Commissioners to vote on a 3-story 18 unit building as presented in the site plan. Commissioner Caster WITHDREW his motion. Motion: Vice-Chairman Boseman MOVED, SECONDED by Chairman Greer, to deny the request for a Special Use Permit for the Palm Beach Development Group, LLC because the use was not in harmony with the area. Commissioner Pritchett stated that it would be difficult to prove that the proposed project was not in harmony with the area with other commercial uses and the AmeriHost Inn & Suites located next door. Commissioner Caster responded that the 3-story building was constructed in a B-2 District which is different from issuing a Special Use Permit for the proposed use in an R-15 Residential District. Hearing no further comments, Chairman Greer called for a vote on the motion to deny the request. Upon vote, the MOTION CARRIED UNANIMOUSLY to deny the request for a Special Use Permit to Palm Beach Development Group, LLC based upon the evidence showing that the use would not be in harmony with the area in which it was to be located. A copy of the Order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained SUP Book III, Page 22. APPROVAL OF ADMINISTRATIVE SUPPORT POSITION FOR VETERANS SERVICES AND RELATED BUDGET AMENDMENT # 04-0099 Assistant County Manager Patricia A. Melvin reported on the need for administrative support in the Veterans Services Office and advised that Staff recommends adding an Administrative Support Specialist position for the Veterans Services Office. Currently, there is a Senior Aide who works four hours per day and an additional position is needed to cover the number of claims filed. The estimated cost of the position for the remainder of FY 2003-2004, including benefits is $20,122. The total cost of salary and benefits for FY 2004-2005 will be $41,739. Chairman Greer asked why the total salary for FY 2004-2005 would not be $40,244 instead of the $41,739 listed in the agenda information. Budget Director Cam Griffin explained that after an employee has been hired six months, that person is eligible for State retirement, which means that the County will have to contribute its share to the N. C. Local Government Retirement System for the remaining six months. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to approve the Administrative Support Specialist position and associated Budget Amendment #04-0099 for the Veterans Services Office as recommended by Staff. Commissioner Caster spoke on the email received from Mr. McLemore, Deputy Assistant Secretary for the U. S. Office of Intergovernmental and International Affairs, and stated it was unfortunate that no federal funds were received from the Veterans Administration Office. He also referenced the articles in the newspaper about the excellent job being done by Mr. Willis (Bud) Baker and stated that he faxed the information to Mary Ellen Stevens Simmons, the local Assistant for U. S. House Representative Mike McIntyre. Commissioner Davis spoke on the need to support our veterans who have risked their lives for all Americans to enjoy freedom and stated that he would vote in favor of the new position. Chairman Greer called for a vote on the motion to approve the Administrative Support Specialist position for the Veterans Services Office. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #04-0099-Veterans Services AdjustmentDebitCredit Contingencies$20,122 Salaries and Wages$14,500 Social Security Taxes$ 1,109 Medical Insurance$ 4,513 Explanation: To budget for an Administrative Support Specialist for Veterans Services for the second half of FY 2003-2004. APPROVAL OF CHANGING THREE TEMPORARY CUSTODIAL POSITIONS TO PERMANENT POSITIONS IN THE PROPERTY MANAGEMENT DEPARTMENT Assistant County Manager Dave Weaver requested the Board to approve changing the three existing temporary custodial positions to permanent positions in the Property Management Department. He advised that with the addition of new space in the complex of County buildings and the increase in housekeeping duties, these positions are needed. Allowing the temporary employees to become regular positions will allow the department to retain good personnel that NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 855 have been trained. The cost of changing the positions to permanent positions will be approximately $12,500 for the remainder of the year. The positions will become part of FY 2004-2005 budget. Chairman Greer asked if any member of the Board would like to comment. Hearing no comments, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve changing the three temporary custodial positions to permanent positions in the Property Management Department. Commissioner Davis advised that he had consistently voted against expansion of the County’s government facilities because of the additional costs to maintain these facilities and stated that he could not vote for the motion. Chairman Greer called for a vote on the motion. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. APPROVAL OF PUBLIC OFFICIAL BONDS Chairman Greer reported that the Board is required annually to review public official bonds in December for the Finance Officer, Sheriff, Register of Deeds and ABC Board members handling funds and set the amount of the Sheriff’s bond. Chairman Greer read the bond resolution into the record to set the Sheriff’s bond and requested a motion to adopt the resolution. Commissioner Pritchett advised that after discussing the bond for the Sheriff with County Attorney Copley, the State law requires that the bond must be approved in an amount of at least $5,000; however, the Board has set the Sheriff’s bond at $25,000. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the bond resolution for the Sheriff as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer read a bond resolution into the record to approve public official bonds for the Clerk of Superior Court, New Hanover County Finance Officer, New Hanover County Sheriff, Register of Deeds, and New Hanover County Tax Collector. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adopt the resolution as read . Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer read a resolution into the record to exempt the bond requirement for any member of the New Hanover County ABC Board who does not handle ABC funds, including but not limited to the Chairman of the ABC Board. He called for a motion to adopt the resolution. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adopt the resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 22.1. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 3:09 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 4:06 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented ADDITIONAL ITEMS Additional Items Presented by Commissioner Pritchett The following items were presented by Commissioner Pritchett: A.Commissioner Pritchett reported on attending the Information Session presented by Congressman Mike McIntyre on the prescription drug plan for seniors and impoverished individuals. She encouraged persons who feel they are eligible for the plan to contact the New Hanover County Senior Center for additional information. B.Commissioner Pritchett advised that the Commissioners will receive a letter from the Wilmington-New Hanover County Transportation Agency requesting the Board and City Council to meet sometime in January 2004 so the transportation program can advance to another level. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, DECEMBER 1, 2003PAGE 856 C.Commissioner Pritchett advised that she was not convinced that the County did not have a solid waste collection contract in place and stated that she had requested the Legal Department to check into this matter. Additional Items Presented by Commissioner Caster The following items were presented by Commissioner Caster: A. Commissioner Caster reported on attending on the meeting held by Mayor Peterson regarding a establishing a Veterans Center. He stated that discussion was held with Ms. Stevens Simmons in Congressman McIntyre’s office to see what progress had been made. B. Commissioner Caster suggested scheduling a Budget Retreat to begin discussion on the FY 2004-2005 Budget to discuss issues such as continued maintenance of the Mason Inlet Project, the use of the Law Enforcement Center, the situation at the north end of Pleasure Island, and the provision of an 800mhz system to provide complete coverage to the unincorporated county. C. Commissioner Caster commented on the need for the City and County to work together and he suggested scheduling a meeting with the Wilmington City Council after the newly elected members are sworn into office. Additional Items Presented by Chairman Greer The following items were presented by Chairman Greer: A. Chairman Greer advised that the Tourism Development Authority (TDA) will reorganize the Board in January 2004, and suggested that since Commissioner Caster was serving as the alternate designee on the TDA, it would be appropriate to request him to attend the December meeting. Commissioner Davis explained that the Chairman of the Board of County Commissioners was to serve as Chairman of the TDA for the first year and thereafter, the Commissioners could elect whomever they desire to represent the County. Since Commissioner Caster was designated as the alternate delegate, the plan was to appoint him to serve as the County designee on the TDA for the coming year. After discussion, the Board agreed to request Commissioner Caster to attend the December meeting of the TDA. B. Chairman Greer noted that in the past, the Board of County Commissioners held breakfast meetings with other elected officials from the beach communities as well as the City Council to discuss issues of mutual concern. Since there are newly elected officials on the municipal boards, he would like to schedule a meeting after the first of the year. After discussion, the Board agreed to schedule a breakfast meeting with the municipal boards and requested Assistant County Manager Melvin to arrange a meeting. ADJOURNMENT Chairman Greer called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 4:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board