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2000-12-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 328 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 4, 2000, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed newly elected Commissioners Julia Boseman and Nancy Pritchett. He also recognized Superior Court Judge Allen Cobb, Mayor of the City of Wilmington, David Jones, Mayor of the Town of Carolina Beach, Ray Rothrock, and Ms. Louise McColl, a member of the N. C. Board of Transportation. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Amanda McCullough of St. Jude’s Metropolitan Community Church, gave the invocation. Boy Scout Troop 200 presented the Colors and Pledge of Allegiance to the Flag. Chairman Caster recognized each member of the Scout Troop and Scout Masters Caryn Bode and Mark Monroe. He expressed appreciation to them for presenting the Colors. A round of applause was given to Boy Scout Troop 200. Chairman Caster announced that Ms. Emily Birzenieks, the daughter of Commissioner Buzz Birzenieks, has requested time to make a brief presentation. Ms. Emily Birzenieks expressed appreciation to Chairman Caster and the members of the Board for allowing her time to honor her father, Commissioner Birzenieks. She spoke on the lessons taught to children by observing their parents and stated that during her father’s service as a County Commissioner, she had learned that true service was the result of commitment and devotion. Many Sunday afternoons were spent by her father studying agendas for meetings, and vacations were often cut short or non-existent because he had to attend a meeting or an important event. During the past election, the family learned that honor lies in integrity, truth, and loyalty. Some people’s philosophy is to do whatever it takes to win an election. Her father’s philosophy is to do what is right and never compromise morals and values. He showed his family and the citizens of New Hanover County that politics is not meant for power but for the opportunity to serve a community and its people. In closing Ms. Birzenieks stated that her father had been an ideal public servant who demonstrated integrity and honor in representing the interests of all people. She read the following quote from the literary genius, Ralph Waldo Emerson on the definition of true success: “To laugh often and much. To win the respect of intelligent people and the affection of children. To earn the appreciation of honest critics and endure the betrayal of false friends. To appreciate beauty. To find the best in others. To leave the world a bit better whether by a healthy child, a garden patch, or a redeemed social condition. To know that even one life has breathed easier because you have lived. This is to have succeeded.” Ms. Birzenieks congratulated her father on his many successes and wished him well in continuing to succeed in all of his endeavors. Chairman Caster expressed appreciation to Ms. Birzenieks for presenting this honor to her father. APPROVAL OF MINUTES Chairman Caster requested a motion to approve the minutes of the Regular Meetings of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 329 November 13, 2000, November 27, 2000, and Closed Sessions as presented by the Clerk to the Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the minutes of the Regular Meetings of November 13, 2000, November 27, 2000 and Closed Sessions as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 6:42 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session 6:46 P.M. PRESENTATION OF PLAQUES OF APPRECIATION TO COMMISSIONER BIRZENIEKS AND COMMISSIONER HOWELL Chairman Caster, on behalf of the Board, presented plaques to Commissioner Buzz Birzenieks and Commissioner Charles R. Howell in recognition of their service to New Hanover County. He expressed appreciation to them for the time and effort given to serve in this capacity and for the outstanding manner in which they had served the citizens of New Hanover County. Commissioner Birzenieks expressed appreciation to his daughter for this special recognition. He commented on the stress placed on his family while he served as an elected official and stated without the support of his family during tough times, it would not have been possible for him to fulfill his responsibilities. Commissioner Birzenieks also expressed appreciation to his fellow Commissioners for the privilege and honor of serving with them. He stated that during the past four years, the Commissioners have demonstrated the courage to deal directly with tough issues, which will be reflected in the history of New Hanover County. He congratulated the newly elected Commissioners, Julia Boseman, Nancy Pritchett, and Ted Davis and wished them well during their four year terms. He urged the Board to respect and support County employees because they are a group of outstanding employees who desire to be treated equally and paid well for their work. In closing, Commissioner Birzenieks expressed appreciation to County Manager Allen O’Neal, County Attorney Wanda Copley, Clerk to the Board, Lucie Harrell, and their staffs for the wonderful job performed in running the County. He wished peace to all and prosperity for America, the State of North Carolina, and New Hanover County. Commissioner Howell expressed appreciation to his fellow members of the Board and stated it had been an honor to work with them and serve the citizens of New Hanover County. He thanked County Manager O’Neal, County Attorney Copley, and Clerk to the Board, Lucie F. Harrell for their support and help during the past four years. In closing, Commissioner Howell wished every member of the Board success in addressing the many issues confronting New Hanover County. A round of applause was given to Commissioner Birzenieks and Commissioner Howell. On behalf of the Town of Carolina Beach, Mayor Rothrock expressed appreciation to the Commissioners for the cooperative manner in which the Board has worked with the Town of Carolina Beach during the past four years. He wished Commissioner Boseman and Commissioner Pritchett success in their new responsibilities and offered to be of assistance at any time. Mayor David Jones expressed appreciation to Commissioner Birzenieks and Commissioner Howell for the outstanding job they performed while serving on the Board of County Commissioners. He stated that no one can appreciate the commitment that has to be made to serve as an elected NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 330 official. It requires a great deal of time away from your family, but the reward is knowing that New Hanover County will be a better place because of your service. In closing, Mayor Jones said that in one year, the Board of County Commissioners and City Council have worked closer together than ever before, and he urged the Board to continue to develop this relationship. He congratulated Commissioner Boseman and Commissioner Pritchett on being elected to serve as County Commissioners and stated that he was looking forward to working with them. Chairman Caster expressed appreciation to Mayor Jones and Mayor Rothrock for their remarks and stated that all local governments must work together for the betterment of all citizens. BREAK Chairman Caster called a break and announced that some refreshments were on the Sun Porch in honor of the out-going and newly elected County Commissioners. OATHS OF OFFICE ADMINISTERED BY SUPERIOR COURT JUDGE ALLEN COBB, JR. Judge Allen Cobb, Jr., administered the Oaths of Office to Julia Boseman, Nancy H. Pritchett, and Ted Davis, Jr. Upon the seating of the newly elected County Commissioners, a round of applause was given to Commissioner Boseman, Commissioner Pritchett and Commissioner Davis. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVI, Page 21. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Greer nominated Commissioner Ted Davis. The nomination was seconded by Commissioner Pritchett. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner Ted Davis, Jr. was unanimously elected to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Caster nominated Commissioner Bobby Greer. The nomination was seconded by Commissioner Pritchett. There being no further nominations, County Attorney Copley closed the nominations. Vote: Upon vote, Commissioner Greer was elected by a 4 to 1 vote to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Boseman voted in opposition. Chairman Davis complimented Commissioner Caster for the outstanding job performed while chairing the Board for the past three years. He also welcomed Commissioner Boseman and Commissioner Pritchett as new members of the Board, and he encouraged every member to work together in a positive manner. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 331 MEETING CONVENED FROM REGULAR SESSION TO RECONVENE THE WATER AND SEWER DISTRICT MEETING FOR ELECTION OF A CHAIRMAN AND VICE- CHAIRMAN FOR THE ENSUING YEAR Chairman Davis convened from Regular Session at 7:40 P.M. for the County Attorney to preside over the election of a Chairman and Vice-Chairman for the Water and Sewer District Board of Commissioners. Chairman Davis reconvened to Regular Session at 7:51 P.M. NON-AGENDA ITEMS Chairman Davis referenced the possibility of bad weather later during the night and he requested all persons to limit their remarks when discussing agenda items so the meeting could be adjourned at a reasonable time. He also announced that Regular Agenda Item 10, an update on the Northside Wastewater Treatment Plant, had been postponed until the December 18, 2000 meeting. Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or to comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. On behalf of the New Hanover County NAACP Branch, Reverend Fredlaw requested the Board of County Commissioners to include this organization in discussion of all County issues. He referenced the desire of the NAACP to work with the Board of County Commissioners, and he emphasized the importance of inclusion, not exclusion. Chairman Davis expressed appreciation to Reverend Fredlaw for his comments. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any Commissioner would like to remove or discuss any item on the Consent Agenda. After hearing no comments, Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution to Approve Sale of a Seized 1998 Mitsubishi Eclipse as a Trade-in on the Purchase of Another Vehicle for the Sheriff’s Department The Commissioners adopted a resolution to approve the sale of a seized 1998 Mitsubishi Eclipse, VIN # 4A3AX55F5WE138328, as a $16,000 trade-in on the purchase of another vehicle for the Sheriff’s Department. In accordance with North Carolina General Statute 143-129.7, the vehicle was offered as a trade in on the purchase of a used vehicle for the Vice/Narcotics Division. Bids were solicited from Bob King Pontiac GMC, Inc., Safeway Chevrolet, and Jeff Gordon Chevrolet. Bob King Pontiac offered the highest trade-in for the vehicle at $16,000. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book, XXVI, Page 21. Adoption of Resolutions to Approve Public Official Bonds The Commissioners adopted resolutions approving existing bonding of the Finance Officer, Sheriff, Register of Deeds and ABC Board members handling funds, and established the amount of the Sheriff’s bond. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVI, Page 21. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 332 Approval of Budget Amendment #01-0082 The Commissioners approved the following Budget Amendment: ADJUSTMENTDEBITCREDIT Social Services: DSS-Administration: DSS Administrative Grants$60,104 Crisis Intervention Program: Assistance Payments$60,104 Explanation: To budget additional federal revenue for the Crisis Intervention Program. No additional County funds are required. Approval of Budget Amendment #2001-22 The Commissioners approved the following Budget Amendment: ADJUSTMENTDEBITCREDIT Sales Tax Refund$38,438 Installment Loan Proceeds$12,911 Capital Project Expense$25,527 Explanation: For accounting purposes only; to close Fund 817-Monkey Junction Motts Creek Capital Project. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE WILMINGTON- NEW HANOVER CAMA LAND USE PLAN TO CLARIFY THE POLICY FOR THE DEVELOPMENT OF MARINAS BY MODIFYING POLICY 4.8 (THIS ITEM WAS CONTINUED FROM NOVEMBER 13, 2000 BOARD MEETING - LUP-10, 10/00) Chairman Davis opened the Public Hearing and reported that he and his fellow Commissioners have reviewed the information provided by the Planning Staff as well as the letter from Ms. Tracy Skrabal, faxes, phone calls, letters, etc. He stated before receiving public comment, he would like for the Planning Director to explain the reasons for the amendment change to Policy 4.8 of the CAMA Land Use Plan. Planning Director Dexter Hayes reported that recently there have been several Special Use Permit requests for community boating facilities in New Hanover County. Each of these requests has brought about testimony from a variety of professionals. The testimony centers on conflicting interpretations of the definition of marinas and conflicting interpretations of Policies 4.8 and 4.9 in the CAMA Land Use Plan. As a result, these community boating facilities have been denied by the N. C. Division of Coastal Management. The proposed amendment involves inserting the word, “commercial” in two provisions of the existing ordinance, which reads as follows: 4.8 Allow the development of marinas, dry stack storage, and moorings as a means of providing public access to the extent that the development shall not adversely affect estaurine resources or public trust waters. Commercial marinas shall not be allowed in Primary Nursery Areas, Outstanding Resource Waters, or open Shellfishing Waters. Moorings and mooring fields shall not be allowed where they may have an adverse effect on navigation channels. commercial Pumpout facilities shall be required for existing marinas which have boats containing enclosed heads. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 333 The proposed change will help clarify the policy difference between community boating facilities and commercial marinas. Both types of marinas will require a Special Use Permit from the County with a finding of no adverse impacts on estaurine resources or public trust waters. Commercial marinas would not be allowed in Primary Nursery Areas, Outstanding Resource Waters or Shellfishing Waters. No regulations regarding Community Boating facilities will be eliminated in the current Zoning Ordinance. Each individual will have to receive a Special Use Permit to construct a community boating facility. If the proposed amendment is not approved, all individual property owners will have the right to construct individual piers from their waterfront properties. Planning Director Hayes advised that the CAMA Land Use Plan also contains Policy 4.9 which encourages the consolidation of piers and docks along waterfront properties by riparian access. This means that the waterfront property owners are required to relinquish their right to build individual piers as a condition of the Special Use Permit. The net result is constructing one community pier for a development instead of three, four or five piers projecting into the estuarine waters from the development. This is the reason why Staff has recommended approval of the proposed amendment. It will limit the number of piers that can be constructed along the waterfront without approval from the Board of County Commissioners. Planning Director Hayes also informed the Board that New Hanover County regulations were more stringent than State regulations regarding the number of boat slips allowed. The State’s threshold is 10 slips; whereas, the County’s threshold requires a Special Use Permit if there are more than 5 slips. Vice-Chairman Greer asked Planning Director Hayes if the proposed amendment will lessen the restrictions in the current Zoning Ordinance. Planning Director Hayes responded that the proposed amendment removes the prohibition of any type of marina in Primary Nursery areas. Under the existing policies, a marina cannot be located in a Primary Nursery area; however, there is another policy that says if a facility is consolidated, it is consistent with the Zoning Ordinance. Staff feels it is better to have one boating facility instead of individual piers projecting into the water access. Individual waterfront lots cannot be regulated under existing regulations. By approving the text amendment, the waterfront owners can request a Special Use Permit for construction of one community boating facility instead of individual piers. Discussion followed on riparian rights. County Attorney Wanda Copley explained that owners of land adjoining the ocean, streams or other navigable bodies of water have certain interests in the adjacent water, subject to State ownership of the submerged lands. The riparian owners have rights to fish in the waters and use them for boating, subject to appropriate government regulations. The right to apply for an individual pier permit would remain with the property owner unless expressly waived by that party. Often such rights are waived through a declaration of covenants or other recorded restrictions prohibiting individual piers. Commissioner Pritchett asked if the County needed a better definition and identification of primary nursery areas. Planning Director Hayes responded that primary nursery areas are mapped and the Planning Department knows where these areas are located. In New Hanover County, 85% of the waters are primary nursery areas; therefore, it is difficult to construct a marina that is not located in a primary nursery area. Commissioner Boseman asked if there was a better way to address this issue because the people benefitting from the regulation are the interior property owners, not the people living on the water. Planning Director Hayes agreed and explained that County regulations are tied to residential development. The ordinance does not allow more slips than lots. If there is a 10-lot subdivision, the community boating facility can have up to 10 slips, which does benefit the interior property owners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 334 A slide was shown of a subdivision comprised of 10 lots with 3 lots on the waterfront. Under existing regulations, the waterfront property owners could construct 3 piers with 4 slips each for a total of 12 slips instead of 10 slips without having to receive approval from the Board of County Commissioners. The Planning Staff feels that one pier with 10 slips is better than constructing 3 piers with 4 slips without any type of board review. Commissioner Boseman referenced future boards and asked if the waterfront property owners in the subdivision could later construct individual piers if the riparian rights were not relinquished. Planning Director Hayes explained that a Special Use Permit would have to be approved by the sitting Board of County Commissioners and that board would be responsible for imposing the condition to require waterfront property owners to relinquish their riparian rights as a condition of the permit for a community boating facility. Chairman Davis asked if anyone from the public would like to speak. Mr. Ken Shanklin, a local attorney, reported that he represented the petitioner six months ago who applied for a community boating facility. The purpose of the boating facility was to reduce the environmental concerns by permitting 10 slips instead of 12 slips. When submitting the request to the N. C. Division of Coastal Management, the permit was rejected because the language in the existing County Zoning Ordinance was not consistent with the CAMA Land Use Plan. Mr. Shanklin referenced the amount of time it would take to appeal the process and provided a copy of General Statutes defining marinas under the Division of Coastal Management and the Coastal Resources Commission as well as a copy of General Statutes that defines marinas in the Land Use Plan. He advised that a plan must be consistent with the goals of the Coastal Area Management System as set forth in N.C.G.S. 113(A)-102 and with State guidelines adopted by the Commission under N.C.G.S.113(a)-107. Chairman Davis requested Attorney Shanklin to explain why the proposed amendment would be a positive change for New Hanover County. Attorney Shanklin referenced the amount of concern over changing the Land Use Plan and submitted a revised version of an amendment to Policy 4.8 that will be more economically and environmentally acceptable: 4.8Allow the development of marinas, dry stack storage, and moorings as a means of providing public access to the extent that the development shall not adversely impact estuaries resources or public trust waters. Marinas shall not be allowed in Primary Nursery Areas, Outstanding Resource except in a situation where a Special Use Waters, or open Shellfishing Waters Permit is issued by the Board of County Commissioners for a Community Boating Facility and the Special Use Permit would result in a decrease in the number of piers that would have been permitted without the Special Use Permit. Moorings and mooring fields shall not be allowed where they may have an adverse impact on navigation channels. Pumpout facilities shall be required to existing marinas which have boats containing enclosed heads. Mr. Shanklin requested the Board to consider the revised wording of the text amendment. Mr. Terry Turner, a local builder and developer, spoke on being issued a Special Use Permit in July 1999 for a residential docking facility at Loder Landing on Myrtle Grove Sound. He advised that the subdivision was comprised of 28 lots with 3 waterfront lots. A CAMA permit was filed and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 335 this request has been tabled until the definition is changed in the Land Use Plan. The request was for a residential dock to accommodate boats not to exceed 24 feet. There will be no heads or gas sold on the dock. The dock will be private and the slips cannot be rented. From an environmental aspect, the construction of one pier versus three piers is much better for the environment. Mr. John Galarde requested the Board to approve the proposed text amendment because environmentally sensitive areas will be better protected with fewer piers extending into the waterway. Chairman Davis asked if anyone from the public would like to speak in opposition. Ms. Tracy Skrabal, a representative of the N. C. Coastal Federation, advised as a member of the Steering Committee to update the Comprehensive CAMA Land Use Plan, she felt the proposed text amendment would be a major change to the intent and language in the Land Use Plan. The goal to reduce the number of boats in open waters began with the Community Growth Planning process and was included in the two-year update of the Land Use Plan. The language was specifically crafted to define a marina which includes community and commercial boating facilities. The Steering Committee also intended to protect riparian access because this is granted by the Public Trust Doctrine which supercedes state and local authority. Ms. Skrabal noted that the proposed text amendment was being presented on the premise that it would be a better environmental choice, which she feels is not true. The language in the Land Use Plan is the best written document to protect the County against proliferation of public docks for non- riparian owners. Other persons with truly superior boating facilities can still apply to the County for a Special Use Permit and submit the plan to the Coastal Resources Commission. If the CAMA permit is not approved, there is a variance procedure, not a lawsuit, that can be pursued without a great deal of expense. If the proposed text amendment is approved, there will be a proliferation of community marinas because it is economically feasible to allow non-riparian property owners access to open water slips. In New Hanover County, there are still opportunities for community boating facilities. The County can still encourage upland basin marinas, dry stack marinas, and boat ramps as a way to provide water access. This procedure will be more environmentally sound and protect the waters from paint, treated boat bottoms and gray water bilge. In closing, Ms. Skrabal stated that commercial marinas are regulated by the State and must comply to the guidelines, but community boating facilities are not well regulated. She requested the Board to protect the intent of the Land Use Plan and allow the language to remain unchanged. Commissioner Boseman asked Ms. Skrabal if she supported the revised text amendment presented by Mr. Shanklin. Ms. Skrabal responded that she had not seen the document. Mr. Johnnie Henagan, representing CONA, reported that the situation before the Board revolves around a single word, commercial. This word as well as the word, community was intentionally excluded from the Land Use Plan. Without these words, no marinas would be allowed in a primary nursery area. In 1997, a voter survey was commissioned by the County Planning Department and conducted by Eastcoast Research of Wilmington. This survey is referenced in the Comprehensive Land Use Plan. The survey indicated that water quality was the number one concern with 86.5% of citizens feeling that water quality was declining in the Cape Fear River, creeks and sounds. It also showed that 62.9% of citizens were deeply concerned over the closing of shellfish beds. A technical report for the Comprehensive Land Use Plan, produced jointly by the County and City Planning Departments in October 1997, reflected that citizens were urging the County and City to take the necessary actions to prevent further degradation of estuarine water quality and to bring all coastal waters up to a higher quality. In closing, Mr. Henagan noted that a community boating facility or commercial marina with service areas, fueling docks, and washdown areas, will add pollutants to the water. He requested the Board to consider the environment and not approve the proposed change or at least allow the original committee to be reconvened to further study the text amendment so a broader insight can be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 336 submitted before a decision is rendered. If the Commissioners vote to approve the request, Mr. Henagan asked that the record reflect that CONA is opposed to the change in the Land Use Plan. Ms. Linda Killian, a concerned citizen, referenced the word, economics, and stated the document presented to the Board is a study conducted by the Institute for Southern Studies, a non- profit research group of Durham, N. C. The hypothesis of the study is jobs versus environment, which is frequently heard when development occurs in a risky area. The findings indicate that states and communities with the best environmental records offer the best job opportunities and climate for long-term economic development. The 2000 Update of the Golden Green Study performed in 1994 came out with the same results which indicated that states with poor environmental rankings also offered poor economic rankings. Both studies indicate that preserving the best environment for a community protects the economic health. She requested the Board to allow the Land Use Plan to remain unchanged. Commissioner Boseman asked Ms. Killian if she agreed with Mr. Shanklin’s revision. Ms. Killian responded that a Special Use Permit does not always protect the environment and primary nursery areas. Mr. Andy Wood, representing the Audubon Society of North Carolina, stated as stewards for the environment of the community, it is our responsibility to restore and improve the quality of the environment, not just maintain it at existing standards. Policy 4.8 in the Comprehensive Land Use Plan was included in the document to prevent continued degradation of coastal waters. The policy addresses the range of possible marinas including small scale operations because it is understood that cumulative impacts of additional marinas will have a negative net impact on fishery stocks that require healthy water for propagation. Tourism is an integral component of the local economy and the well being of our environment does have an impact on maintaining that economy. Constructing new marinas in our precious waters may bring short term economic gain for a few but the pollution facilitated from boat oils and fuels from increased boat traffic will result in a long term environmental strain on our economy. In closing, Mr. Wood requested the record to reflect that he was opposed to changing the Comprehensive Land Use Plan that will allow construction of marinas in primary nursery areas. He requested the Board to respect the will of the citizenry and vote to uphold the current language in the Comprehensive Land Use Plan. Vice-Chairman Greer expressed concern for confusion about this issue and stated that the current Zoning Ordinance does allow marinas and private piers to be constructed in primary nursery areas without having to be approved by the Board of County Commissioners. The purpose of the text amendment is to reduce the number of piers that can be constructed along waterfront areas in New Hanover County, which will better protect the environment. Commissioner Boseman asked Mr. Wood if he was in favor of the revision presented by Mr. Shanklin. Mr. Wood responded that all boats create pollution as well as turbidity which disturbs the silt in primary nursery areas. He requested the Commissioners to strive to improve the quality of water, not just maintain existing standards and allow the Land Use Plan to remain unchanged. Chairman Davis asked Ms. Skrabal if she had reviewed the revised text amendment submitted by Mr. Shanklin. Ms. Skrabal responded that the revision submitted by Mr. Shanklin implies that a community boating facility will decrease the number of piers that would have been permitted without a Special Use Permit, which is not the case. If the language in the Land Use Plan remains unchanged, the petitioner can apply for a Special Use Permit and submit the plan to the State. If the CAMA permit is denied, the petitioner can apply for a variance from the Coastal Resources Commission without a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 337 great deal of expense. The purpose of the language in the Land Use Plan is to reduce the number of marinas and piers for non-riparian property owners. This language should not be changed. There being no further comments, Chairman Davis closed the Public Hearing. Vice-Chairman Greer read from Policy 4.9 in the Land Use Plan and stated this section allows uses of estuarine and public trust waters that provide benefit to the public and at the same time satisfy riparian access needs of private property owners. This section also references tidal waters and says that docks shall be limited to the minimum necessary to provide riparian access to waterfront property owners. Vice-Chairman Greer stated, in his opinion, the proposed text amendment presented by the Planning Staff complies to this section of the Land Use Plan. Chairman Davis referenced the request by Mr. Johnnie Henagan to forward the text amendment to the original City/County Unified Development Committee and he asked if the Commissioners were interested in considering this option. Commissioner Caster advised that many of the elected officials serving on the Unified Development Committee were no longer in office and stated the proposed text amendment presented by Staff would reduce the number of piers extending into the waterway which will be better for the environment. Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the proposed text amendment to Policy 4.8 of the Comprehensive Land Use Plan as recommended by the Planning Staff . Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Chairman Davis Vice-Chairman Greer Commissioner Caster Voting Nay:Commissioner Boseman Commissioner Pritchett Commissioner Boseman stated for the record that she voted no because more consideration should have been given to Mr. Shanklin’s revision which states that when a Special Use Permit is issued by the Commissioners for a community boating facility, the permit would result in a decrease in the number of piers that would have been permitted without the permit. A copy of an Order of the County of New Hanover, North Carolina, amending the Wilmington-New Hanover Comprehensive Land Use Plan Update (1997-2010) is hereby included as a part of the minutes and is contained in Exhibit Book XXVI, Page 21. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO MABLE GILBERT TO PERMIT A MEMBERSHIP SPORTS AND RECREATION FACILITY IN AN R-15 RESIDENTIAL ZONED DISTRICT LOCATED AT 4809 CAROLINA BEACH ROAD (S-472, 11/00) Chairman Davisopened the Public Hearing and reported that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Mable Gilbert Planning Director Dexter Hayes reported that the instructor for the proposed martial arts NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 338 academy presented the request at the Planning Board meeting held November 2, 2000. No one spoke in opposition, but Staff felt that the following issues should be addressed: 1.Because of concern for parking and the proximity to Carolina Beach Road, no meets or scheduled events should be held at this location. 2.Zoning Enforcement has requested that a specific number of parking spaces be required. Staff recommends one space per student. 3.Membership to the facility should be limited to 15 students or fewer. The Planning Board voted unanimously to recommend approval with the conditions recommended by Staff. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site is located within the Myrtle Grove Volunteer Fire Department District. B.The property is served by City water. The petitioner is obtaining building permits to add a restroom which will be connected to County sewer. C.The site has direct access to Carolina Beach Road, which is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.No new structure will be constructed for this use. B.Membership sports and recreation facilities are permitted by a Special Use Permit in R-15 Residential districts. C.Although additional parking should be shown on the site plan, sufficient area exists on the site to accommodate parking for the proposed (15 maximum) number of students. 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.Other membership sports and recreation facilities are located in residential districts throughout New Hanover County. B.No evidence has been presented to indicate that the facility will injure the value of adjoining properties. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of New Hanover County based upon the following findings: A.The 1999 Land Classification Plan identifies this area as developed. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. Urban services are already in place or scheduled within the immediate future. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 339 B.The building for this use already exists. The remainder of the property is utilized for a single family residence and as a mobile home park. Chairman Davis asked if the petitioner would like to speak. Ms. Mable Gilbert requested the Board to consider granting the Special Use Permit to open a Membership Sports and Recreation Club in an existing building located at 4809 Carolina Beach Road in a R-15 Residential Zoning District. Chairman Davis asked Ms. Gilbert if she concurred with the findings as presented and the conditions recommended by the Planning Board. Ms. Gilbert agreed with the finding and conditions as presented. Chairman Davis asked if anyone present would like to speak in opposition. No one spoke. There being no further sworn testimony, Chairman Davis closed the Public Hearing. Chairman Davis asked if any members of the Board would like to comment. After hearing no remarks he called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant the Special Use Permit to Mable Gilbert to use property located at 4809 Carolina Beach Road for a Membership Sports & Recreation Facility subject to the following conditions: (1) no meets or scheduled events shall be held at this location; (2) require one parking space per student; and (3) limit the membership to15 students or less based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, theMOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 10. PUBLIC HEARING TO CONSIDER A REQUEST FROM CINDEE WOLF FOR ISSUANCE OF A SPECIAL USE PERMIT FOR A PERSONAL CARE FACILITY ON A 10 ACRE TRACT OF LAND IN AN R-15 RESIDENTIAL ZONING DISTRICT LOCATED AT 225 MIDDLE SOUND LOOP ROAD (S-473, 11/00) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Cindee Wolf Planning Director Dexter Hayes reported that the petitioner presented the site plan and the phasing schedule of the project at the Planning Board meeting held on November 2, 2000. The petitioner also explained that this facility was intended to provide affordable living for people age 55 and older. Health Care professionals will visit the site on a regularly scheduled basis to provide assistance and medical care for the residents. Several people spoke in opposition to the location of the facility. The primary concerns presented were traffic, density, and storm water runoff. After a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 340 significant discussion among the Planning Board members, and after hearing additional comments concerning the size of the facility, the Planning Board voted 4-1 to recommend denial of the request. Planning Director Hayes advised that since the Planning Board meeting the plan has been reduced in size and stated that storm water runoff and density have been addressed under the revised plan. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: C.The site is located within the Ogden Volunteer Fire Department District. D.The petitioner is proposing a connection to City water and County sewer. E.The site has direct access to Middle Sound Loop Road and Darden Road. Middle Sound Loop Road is classified as a collector road by the New Hanover County Thoroughfare Classification Plan. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.With the exception of the northeastern portion of the site which is zoned R-20 Residential, the subject property is primarily located in the R-15 Residential zoning district. Personal care facilities are permitted by Special Use Permit in both the R-15 and R-20 zoning districts. B.The proposed site plan meets the additional restrictions imposed on Nursing & Personal Care Facilities. C.All other conditions of the ordinance can be met. 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.Other nursing and personal care facilities are located in residential districts throughout New Hanover County. B.Some of the adjacent properties are vacant. C.No evidence has been presented to indicate that this facility would injure the value of adjoining properties. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of New Hanover County based upon the following findings: A.The 1999 Land Classification Plan identifies this area as Resource Protection. Residential densities greater than 2.5 units per acre shall not be permitted. B.The City and County should ensure an adequate supply of housing for people with special needs, the elderly, and the disabled. C.The subject parcel is approximately 10 acres. Under performance residential criteria the site could accommodate approximately 25 units. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 341 Chairman Davis asked Planning Director Hayes if Staff was in favor of the downsized plan. Planning Director Hayes responded that Staff was in favor of the revised site plan. Commissioner Boseman objected to generating more traffic on Middle Sound Loop Road, particularly by Ogden School where a child was recently killed, and she asked if the access would be through Darden Road instead of Middle Sound Loop Road. Planning Director Hayes responded that Staff feels a dual access from Darden Road and Middle Sound Loop Road would be the best approach; however, with the facility downsized to one building, the amount of traffic generated from the number of elderly persons using the facility should be minimal. Commissioner Pritchett asked if the Planning Board was concerned about emergency vehicles accessing a single entrance. Planning Director Hayes responded that no discussion was held on emergency vehicles access at the Planning Board meeting, but more than one access is preferred for a facility of this type. Commissioner Pritchett asked if there were any existing flooding problems on Darden Road. Planning Director Hayes responded that Staff was not aware of any flooding problems on Darden Road. Chairman Davis asked if the petitioner would like to speak. Ms. Cindee Wolf, a landscape architect representing the developers and petitioner, presented a slide showing the original plan comprised of two buildings that would be constructed in two phases with dual entrances on Middle Sound Loop Road and Darden Road. Under the revised plan, only one building will be constructed. The developers, DMWGP, LLC, have just completed Gresham Place on Gordon Road which has been designated as a model affordable housing facility by the State of North Carolina. The White Oak development for the elderly will be the same type of facility. The project is considered a personal care facility for people age 55 and older. The majority of persons using the facility will be 62 to 75 years of age and will not own vehicles. These people want to live independently in a low maintenance, secure and affordable community. Nursing professionals and students from UNCW and Cape Fear Community College will be scheduled for weekly visits to perform primary health checks for the residents. Both institutions are in support of the facility and plan to offer their nursing services. This type of parish nurse program is beneficial to elderly persons living on low fixed incomes. The original plan encompassed 10 acres with 120 units in two buildings. The revised plan will have one building containing 60 units and access will be solely from Darden Road because half of the site will not be used. The building will be an attractive two-story structure with existing vegetation not being disturbed. Under the downsized plan, the impervious surface has been reduced to 22.6% for a low density classification, the number of units has been reduced, the project is consistent with Land Use Plan, and the use does meet the four general requirements of the special use process. Chairman Davis asked Ms. Wolfe if she concurred with findings presented by the Planning Director. Ms. Wolfe agreed with the findings as presented. Since there was no opposition present, Chairman Davis closed the Public Hearing. Commissioner Caster requested clarification of the number units or beds that will be contained in the building. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 342 Ms. Wolf explained that 60 units will be in the building with a combination of one and two bedroom apartments for a total of 74 beds. The original plan was to construct two buildings with a total of 120 units. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to grant a Special Use Permit to Cindee Wolf for DMWGP LLC to locate a Personal Care Facility according to the revised plan reducing the units from 120 units to 60 units to permit a Personal Care Facility in an R-15 Residential Zoning District located at 225 Middle Sound Loop Road based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 10. PUBLIC HEARING TO CONSIDER A REQUEST FROM DEBRA HATCHER FOR ISSUANCE OF A SPECIAL USE PERMIT TO EXPAND AN EXISTING CHID DAY CARE FACILITY IN AN R-20 RESIDENTIAL ZONING DISTRICT LOCATED AT 324 BOUNTIFUL LANE (S-474, 11/00) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jane Emma Debra Hatcher Planning Director Dexter Hayes reported that the petitioner presented a request to expand an existing day care facility (Deb’s Small Home Daycare) located in the Apple Valley Subdivision in the Castle Hayne/Wrightsboro area to the Planning Board on November 2, 2000. Slides were presented showing the facility, adjacent properties, and adjoining neighborhoods. Ms. Jayne Emma from the New Hanover County Partnership for Children spoke in support of this request, and no one spoke in opposition. The Planning Staff cited that several site improvements will have to be made to accommodate the drop-off turnaround area. The petitioner will have to provide a fenced play area and meet the State requirements regarding the number of children permitted in the facility at once as well as any other applicable state or federal statutes regarding the operation of such facilities. The Planning Board voted unanimously to recommend approval of the request. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following facts: A. The site is located in the Wrightsboro Volunteer Fire Department District. B.The site is served by County water and an individual septic system. C.The residence has direct access to two public roads, Thatcher Court and Bountiful Lane. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 343 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Home Daycare operations are permitted by a Special Use Permit in residential zoning districts. B.Off street parking with one space per employee and four spaces for drop-off and pick- up can be accommodated on site. C.The petitioner has submitted a site plan which shows a proposed fence of a minimum height of 4 feet around the entire play area. D.Deb’s Small Home Daycare is a 24 hour daycare facility operating on two different shifts. E.At the request of the New Hanover County Zoning Enforcement, there are currently 6 children enrolled in Deb’s Small Home Daycare. The petitioner is requesting a Special Use Permit to enroll 7 additional children for a total enrollment of 13 children with no more than 8 children in the residence at any time. 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.Similar daycare operations exist in residential districts throughout New Hanover County. B.No evidence has been presented to show that residential daycare operations decrease the value of adjoining property. 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 of New Hanover County based upon the following findings: A.The 1999 Land Classification Plan identifies this area as Resource Protection. Residential densities for these areas should be limited to fewer than 2.5 units per acre. B.The existing home will not increase in size as a result of the Special Use Permit and the character of the residential neighborhood will be preserved. Planning Director Hayes presented the following concerns of Staff: 1.Several site improvements will have to be made to accommodate the drop-off turnaround and to provide the fenced play area. These improvements have been added to the plan. 2.Granting this expansion would allow Deb’s Small Home Daycare to operate two shifts with an enrollment of up to 13 children. 3.In August of 1999, a Special Use Permit nearby for a Child Daycare Facility for 25 children was denied. 4.The petitioner will have to meet the State requirements regarding the number of children permitted in the facility at once as well as any other applicable state or federal statutes regarding the operation of such facility. Chairman Davis asked if the use was consistent with the Land Use Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 344 Planning Director Hayes responded that the plan was consistent with the Land Use Plan and advised that several of these facilities are scattered throughout the County to fulfill a valuable need. Chairman Davis asked if the petitioner would like to speak. Ms. Debra M. Hatcher , the petitioner, requested the Board to approve the Special Use Permit to allow her to expand the facility. Chairman Davis asked Ms. Hatcher if she concurred with the findings presented by the Planning Director. Ms. Hatcher agreed to the findings as presented. Chairman Davis asked Planning Director Hayes if the concerns of Staff had been addressed in the plan. Planning Director Hayes responded that these concerns had been addressed. Ms. Jane Emma, representing the New Hanover County Partnership for Children, spoke in favor of expanding the daycare facility and stated that the Partnership for Children would ensure compliance to all rules and regulations of the N. C. Division of Child Development and North Carolina General Statutes. There being no further sworn testimony, Chairman Davis closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Ms. Debra Hatcher to expand the enrollment of Deb’s Small Home Daycare located at 324 Bountiful Lane to 13 children based upon the evidence presented and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 10. PUBLIC HEARING TO CONSIDER A REQUEST FROM JIM SMITH FOR SMITH PROPERTIES FOR ISSUANCE OF A SPECIAL USE PERMIT FOR AN INDOOR/OUTDOOR RECREATION FACILITY (SKATE PARK) IN AN A-I AIRPORT INDUSTRIAL ZONING DISTRICT LOCATED AT 2927 NORTH KERR AVENUE (S-475, 11/00) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jim Smith Commissioner Caster requested to be recused from voting because of some business interests. Chairman Davis called for a motion to recuse Commissioner Caster as requested. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 345 Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Greer, to recuse Commissioner Caster from voting on the request. Upon vote, the MOTION CARRIED UNANIMOUSLY. Planning Director Dexter Hayes reported that the petitioner presented the site plan to the Planning Board on November 2, 2000. He presented slides showing the site being located in an A-I Industrial classification on the south side of North Kerr Avenue near the intersection of North Kerr and Blue Clay Road. The facility will have access off North Kerr Avenue with a driveway between two buildings to the indoor/outdoor recreation facility. At the Planning Board meeting, the petitioner presented the site plan and explained that additional parking could be accommodated on the adjacent lot and advised that only minor modifications would have to be made to the existing building to meet fire code requirements. No comments were received in support or in opposition to the proposed facility. The Planning Board voted unanimously to recommend approval with the conditions recommended by Staff. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site is located in the Wrightsboro Volunteer Fire Department District. B.The site is served by a well and septic system. C.The site has access to North Kerr Avenue which is identified by the Thoroughfare Classification Plan as a Collector Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Ninety-two parking spaces are shown on the proposed site plan. Additional landscape islands will be required to meet the minimum landscape requirements. B.The site has access to a collector road. C.Signage is limited to one on-premise ground sign not to exceed 32 square feet. 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.Other similar commercially operated indoor/outdoor recreation facilities have operated successfully in the County. B.With the exception of parking lot improvements, no additional development is required for this facility. C.No evidence has been presented that a commercially operated indoor/outdoor recreation facility will decrease the value of adjoining property. 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 of New Hanover County based upon the following findings: A.The 1999 Land Classification Plan identifies this area as Urban Transition. The purpose of the Urban Transition class is to provide for future intensive urban NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 346 development on lands that have been or will be provided with necessary urban services. Residential densities for these areas can exceed 2.5 units per acre. B.The existing structure will not increase in size as a result of this Special Use Permit. Planning Director Hayes presented the following concerns of Staff: 1. If the entire parking area is paved, there is concern for storm water management; however, there are no plans to pave this area. 2.Designate the adjacent lot for overflow parking. 3.Since the property is zoned A-I Industrial, large events with crowds should be reviewed to be sure there is no interference with the Airport. Chairman Davis asked if this use was consistent with the Land Use Plan and if the applicant had addressed the concerns of Staff. Planning Director Hayes responded that the use was consistent with the Land Use Plan. He also stated that the plan had been revised to address the concerns of Staff. Chairman Davis asked if the petitioner would like to speak. Mr. James Smith, representing Smith Properties, requested the Board to consider granting the Special Use Permit for use of the building as a Skate Park Facility. He advised that only a few modifications would have to be made to the building. Chairman Davis asked Mr. Smith if he concurred with the findings presented by the Planning Director. Mr. Smith agreed with the findings as presented. Vice-Chairman Greer requested an explanation of the easement accessing the proposed site. Mr. Smith presented a slide showing two easements to the site, one to the left and one to the right, and stated there will be two routes of egress and ingress to the site. Chairman Davis asked if anyone would like to speak in opposition. No one spoke. There being no further sworn testimony, Chairman Davis closed the Public Hearing. Chairman Davis asked if any member of the Board would like to comment. Hearing no remarks, Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to grant the Special Use Permit to Smith Properties LLC, to permit a commercially operated sports and recreational facility in an A-I Airport Industrial Zoning District located at 2927 North Kerr Avenue based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED by a 4 to 0 vote. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 347 A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 10. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Chairman Davis advised that the County Manager had requested a Closed Session pursuant of N.C.G.S. 143-318.11(5) to instruct the public body’s Staff concerning the position taken by or on behalf of the public body in negotiating a price and other material terms of the proposal for the acquisition of real property, and he MOVED to convene to Closed Session. The MOTION WAS SECONDED by Commissioner Caster. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 9:40 P.M. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis reconvened to Regular Session at 10:05 P.M. and reported that during the Closed Session the Board directed Staff on a proposal to purchase real property. The terms and conditions of the contract will be disclosed when and if a buy and sell agreement has been executed. No other action was taken during the Closed Session. ADDITIONAL ITEMS DISCUSSION OF RULING BY JUDGE MANNING REGARDING DISADVANTAGED CHILDREN Commissioner Caster commented on the ruling rendered by Judge Manning to require additional education for Pre-K disadvantaged children and he asked Mr. Ed Higgins, Chairman of the Board of Education, to discuss the impact of this ruling on the New Hanover County School System. Mr. Higgins responded that the New Hanover County School System is ahead of regular school systems in establishment of Pre-K Centers. Currently, there is a Pre-K Center at Mary Washington Howe and two Pre-K classes at Sunset Park Elementary School. One of the proposed uses for the J. C. Rowe School will be establishment of another Pre-K Center. The New Hanover County School System currently receives federal funding for Pre-K Centers; therefore, the ruling by Judge Manning on State funding should have a minimal impact. There is a possibility that the State will reduce class sizes for Pre-K students, which will require moving forward with renovating the J. C. Rowe School for opening another Pre-K Center. Unfortunately, the County incurs additional expenses when opening new centers or schools. APPROVAL OF SALARY FOR THE REGISTER OF DEEDS County Manager O’Neal advised that according to North Carolina General Statutes, the Board of County Commissioners must set the starting salary for the new Register of Deeds. After noting that Ms. Becky Christian was a previous Register of Deeds and her ending salary was $48,692, he recommended a starting salary in the range of $55,000 to $60,000. Motion: After discussion, Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to set the starting salary for the Register of Deeds at $55,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION TO AUTHORIZE SHERIFF JOSEPH W. LANIER, JR. TO FILE ON BEHALF OF NEW HANOVER COUNTY THE SAFE ROADS TRAFFIC PROJECT GRANT Deputy County Manager Atkinson requested the Board to adopt a resolution to authorize Sheriff Joseph W. Lanier, Jr. to file for the Safe Roads Traffic Project grant in the amount of $50,341.25 with a local match of $15,413.75. Since Sheriff McQueen originally applied for the grant, the Governor’s Highway Safety Program has requested this action to be taken. Chairman Davis asked if any member of the Board would like to comment. After hearing no remarks, Chairman Davis requested a motion to adopt the resolution. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, DECEMBER 4, 2000PAGE 348 Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution authorizing Sheriff Lanier to file for the Safe Roads Traffic Project grant in the amount of $50,341.25 with a local match of $15,413.75 to be paid from Federal Forfeiture funds, authorize the County Manager to execute the necessary documents, and authorize approval of the necessary budget amendment if the grant is awarded. 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 XXVI, Page 21. ANNOUNCEMENT OF CONVENTION CENTER DEVELOPMENT TEAM LUNCHEON Commissioner Caster announced that the Convention Center Development Team will meet on December 5, 2000, from 12:00 noon to 2:00 P.M. in the Council Chambers for lunch. He encouraged the Commissioners to attend since the local legislative delegation would be attending the meeting. CHANGE IN TIME OF DECEMBER 14, 2000 STAFF MEETING Chairman Davis requested the Board to consider changing the time of the Staff Meeting to be held on Thursday, December 14, 2000, to 4:00 P.M. instead of 8:45 A.M. Consensus: After discussion of the Holiday Party being held on December 14, 2000 at 4:00 P.M., th it was the consensus of the Board to schedule the Staff Meeting at 3:00 P.M. on the 14 in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Chairman Davis requested the Board to consider moving all Staff Meetings to Thursday afternoon at 4:00 P.M. to better accommodate his court schedule. Consensus: After discussion, it was the consensus of the Board to schedule all Thursday Staff Meetings at 4:00 P.M. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 10:58 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board