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2005-04-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 270 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 4, 2005, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O’Neal; County Attorney Wanda M. Copley; and Clerk to the Board Sheila L. Schult. Chairman Greer was absent due to illness. Vice-Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Chairman Caster reported that former City Council member J.C. Hearn has been hospitalized and requested that he and his family be remembered in prayer. Assistant County Manager Pat Melvin, gave the invocation and on behalf of the County expressed sympathy to the family and friends of Kure Beach Councilwoman Jennifer LeQuire. Children from the Grandma and Grandpa’s Day Care Center led the audience in the Pledge of Allegiance to the Flag, sang and presented a gift to each commissioner. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Hearing no further comments, Vice-Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meeting as presented by the Clerk to the Board: Regular Meeting – March 14, 2005 Adoption of Resolution Requesting NCDOT to Add Marsh Oaks Drive, Bayfield Drive, Cumberland Place, Bluffton Court, and Tarrants Court in Marsh Oaks Subdivision to the State Highway System The Commissioners adopted a resolution requesting NCDOT to add Marsh Oaks Drive, Bayfield Drive, Cumberland Place, Bluffton Court, and Tarrants Court in Marsh Oaks Subdivision (Division File No.: 1060-N) to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 18.1. Acceptance of Report from New Hanover County Schools The Commissioners accepted the report of the New Hanover County Schools that was approved by the Board of Education on March 7, 2005. The funds were transferred from the Capital Outlay Budget for a Child Nutrition freezer and College Park Elementary roof replacement. Acceptance of Grant from the Cape Fear Memorial Foundation and the Kate B. Reynolds Charitable Trust Fund for a School Based Transportable Dental Unit The Commissioners accepted a grant from the Cape Fear Memorial Foundation and from the Kate B. Reynolds Charitable Trust Fund. The funds will be used for a full dental staff that includes one Dentist, two Dental Assistants, one Hygienist, and one Administrative Support Specialist. The dental unit will be available for use at pre-schools when not in use by the school system. Authorization for Emergency Management Department to Submit a Grant Application to the N.C. Department of Crime Control and Public Safety, Division of Emergency Management for a 2005 Hazardous Materials Emergency Preparedness Grant The Commissioners authorized the Emergency Management Department to submit a grant application to the N.C. Department of Crime Control and Public Safety, Division of Emergency Management for 2005 Hazardous Materials Emergency Planning Grants in the amount of $5,000. If awarded, the funds will be used to conduct a hazardous materials emergency response exercise in cooperation with UNCW and North Carolina Natural Gas. This is a reimbursable grant; participation in the grant program requires that New Hanover County expend local funds and submit invoices to the N.C. Division of Emergency Management for reimbursement. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 271 Authorization for the Juvenile Day Treatment Center to Submit a Grant Application for Disproportionate Minority Contact Project The Commissioners authorized the Juvenile Day Treatment Center to submit a grant application for Disproportionate Minority Contact Project in the amount of $84,091 from the Governor's Crime Commission to continue into the second grant year. Continuation of funding will allow the project to develop a comprehensive county plan to address the issues of Disproportionate Minority Contact. This plan will include strategies based on research conducted in the first grant cycle. The project has one coordinator and will hire a project evaluator to assist with developing strategies and to ensure that proper techniques are used to address Disproportionate Minority Contact issues. Approval of Budget Amendment #05-0163 – Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0163 – Social Services Adjustment Debit Credit Administration: DSS Administration Grants $26,004 Energy Assistance: Assistance Payments $26,004 Explanation: To budget additional federal funds received for energy assistance payments. Approval of Budget Amendment #05-0173 – Transportation/Appropriated Fund Balance The Commissioners approved the following budget amendment: Budget Amendment #05-0173 – Transportation/Appropriated Fund Balance Adjustment Debit Credit DOT- Capital-Federal: $51,120 DOT – Capital-State $ 5,220 General Public Allocation $ 4,000 DOT – Administration-State $10,059 Capital Outlay $56,800 Motor Vehicles ` $60,000 Dues and Subscriptions $ 300 M&R – Equipment $ 1,800 Printing $ 500 Training and Travel $ 1,300 Telephone $ 1,000 Advertising Cost $ 900 Contracted Services $ 5,600 Salaries and Wages $ 3,586 Appropriated Fund Balance $63,733 Explanation: To adjust transportation budget to the actual grant award amounts from NC-DOT. REGULAR AGENDA CONSIDERATION OF RESOLUTION DECLARING APRIL 3-9, 2005, AS THE WEEK OF THE YOUNG CHILD IN NEW HANOVER COUNTY Vice-Chairman Caster announced that Executive Director Janet Nelson, on behalf of the New Hanover County Partnership for Children, has requested that the Board adopt a resolution declaring April 3- 9, 2005, as the Week of the Young Child in New Hanover County. Commissioner Pritchett read the resolution into the record. Vice-Chairman Caster requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution declaring April 3-9, 2005, as the Week of the Young Child in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.2. INTRODUCTION OF AIRLIE GARDENS DIRECTOR JIM MCDANIEL County Manager Allen O’Neal introduced and welcomed Airlie Gardens Director Jim McDaniel. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 272 CONSIDERATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2005 AS CIVITAN AWARENESS MONTH IN NEW HANOVER COUNTY Vice-Chairman Caster reported that the Board has been requested to adopt a proclamation designating the month of April, 2005 as Civitan Awareness Month, in recognition of the activities Civitan Clubs perform worldwide, and especially those of the Wilmington Civitan Club. Commissioner Pritchett read the proclamation into the record. Vice-Chairman Caster requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation designating April, 2005 as Civitan Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.3. CONSIDERATION OF RESOLUTION DESIGNATING SATURDAY, APRIL 23, 2005, AS EARTH DAY IN NEW HANOVER COUNTY Vice-Chairman Caster reported that the Board has been requested to adopt a resolution designating Saturday, April 23, 2005 as Earth Day in New Hanover County. Earth Day will be celebrated at Hugh MacRae Park on Saturday April 23, from noon until 6 p.m. Commissioner Pritchett read the resolution into the record. Vice-Chairman Caster requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution designating Saturday, April 23, 2005, as Earth Day in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.4. CONSIDERATION OF RESOLUTION DECLARING APRIL 2005, AS FAIR HOUSING MONTH IN NEW HANOVER COUNTY Carl Byrd, Sr., Director of the Human Relations Department introduced Marla Rice-Evans, Chair of the Human Relations Board and Audrey Albrecht, Chair of the Education Committee, and stated that the Human Relations Commission is requesting the Board adopt a resolution declaring April 2005, as Fair Housing Month. Commissioner Kopp read the resolution into the record. Vice-Chairman Caster requested a motion for approval. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution declaring April 2005, as Fair Housing Month in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.5. CONSIDERATION OF PROCLAMATION DECLARING THE WEEK OF APRIL 10-16, 2005, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK IN NEW HANOVER COUNTY Vice-Chairman Caster announced that Steve Smith, on behalf of the Public Safety Communications Center, has requested that the Board proclaim the week of April 10-16, 2005, as National Public Safety Telecomunicators Week in New Hanover County. Vice-Chairman Caster read the proclamation into the record and requested a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring April 10-16, 2005, as National Public Safety Telecommunicators Week in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.6. CONSIDERATION OF PROCLAMATION DECLARING APRIL 17-23, 2005, AS APPRECIATION WEEK FOR THE DEPARTMENT OF SOCIAL SERVICES EMPLOYEES IN NEW HANOVER COUNTY Vice-Chairman Caster announced that Social Services Director LaVaugh Nesmith has requested that the Board adopt a proclamation declaring April 7-23, 2005, as Appreciation Week for the Department of Social Services Employees in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 273 Vice-Chairman Caster read the proclamation into the record and requested a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring April 17-23, 2005, as Appreciation Week for the Department of Social Services Employees in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.7. CONSIDERATION OF PROCLAMATION DESIGNATING APRIL 2005, AS SEXUAL ASSAULT AWARENESS MONTH IN NEW HANOVER COUNTY Vice-Chairman Caster announced that Rape Crisis Center Supervisor Jennifer Stancil, on behalf of the Coastal Horizons Center, has requested that the Board adopt a proclamation designating April 2005, as Sexual Assault Awareness Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record and requested a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation designating April 2005, as Sexual Assault Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.8. CONSIDERATION OF PROCLAMATION DECLARING APRIL 2005, AS CHILD ABUSE PREVENTION MONTH IN NEW HANOVER COUNTY Vice-Chairman Caster introduced a proclamation declaring April 2005, as Child Abuse Prevention Month in New Hanover County at the request of the Department of Social Services. District Attorney Ben David read the proclamation into the record. Vice-Chairman Caster requested a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring April 2005, as Child Abuse Month in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 18.9. PRESENTATION OF NEW HANOVER COUNTY COOPERATIVE EXTENSION AWARDS County Extension Director Melissa Hight reported that two New Hanover County Cooperative Extension Agents have recently received statewide recognition. ? David Nash, Area Specialized Agent - Coastal Management, received “Conservation Educator of ? the Year” from the N.C. Wildlife Federation. ? Matt Martin, Area Specialized Agent - Turf Management, received “Outstanding Service and ? Contributions to the North Carolina Turfgrass Industry” from the N.C. Turfgrass Council. On behalf of the Board, Vice-Chairman Caster congratulated David Nash and Matt Martin on their statewide recognitions. CONSIDERATION OF REQUEST FROM THE EXCHANGE CLUB OF LOWER CAPE FEAR/WILMINGTON FOR THE PURCHASE OF ONE HUNDRED FLAGS FOR THE SOLDIER’S HEALING FIELD PROJECT Vice-Chairman Caster reported that President of the Exchange Club of Lower Cape Fear/Wilmington Betsy Cromartie, on behalf of the Exchange Club, has requested that the County purchase one hundred flags at $25 each for the Soldier's Healing Field project in memory of the soldiers who have died since September 11, 2001. The flags will be displayed at the Battleship, May 28-30, 2005. The project will display over 1,000 American flags in remembrance of soldiers who have lost their lives in Iraq and Afghanistan during the war since September 11, 2001. Vice-Chairman Caster asked for direction from the Board. Motion: Commissioner Pritchett MOVED, to purchase ten flags from the Exchange Club of Lower Cape Fear/Wilmington in honor of the ten county employees who are currently serving or have served in the military since September 11, 2001, in the amount of $250. No second was received. Substitute Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request from the Exchange Club of Lower Cape Fear/Wilmington to purchase one hundred flags for the Soldier’s Healing Field Project in the amount of $2500. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 274 After brief discussion on the many worthy causes that come before the Board, the substitute motion was withdrawn and Commissioner Kopp SECONDED the original motion. Vote: The MOTION CARRIED 3 TO 1. Commissioner Davis, Commissioner Kopp, and Commissioner Pritchett voted in favor. CONSIDERATION OF REQUEST FOR FUNDING FOR ELDERHAUS Vice-Chairman Caster introduced Linda A. Pearce, Executive Director of Elderhaus, Inc., and requested that she make her presentation. Ms. Pearce requested that the Board consider funding Elderhaus, Inc. in the amount of $5,000 per month for the remainder of the current fiscal year due to their funds being depleted. Elderhaus provides daytime structured supervision for frail elderly clients who potentially otherwise could be in a nursing home/Medicaid bed costing the county money. Vice-Chairman Caster asked for direction from the Board. County Manager O’Neal explained that Elderhaus saves the County’s Medicaid funds by keeping clients out of the long-term health care system in a more cost-effective daytime supervision setting. The current county funding for Elderhaus is $55,079. After brief discussion on the actual cost savings to the County and the need for additional information, Vice-Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to table the request to fund Elderhaus, Inc. until the April 18, 2005, Board meeting. Upon vote, the MOTION CARRIED 4 to 0. PUBLIC HEARING TO CONSIDER REQUEST BY MIHALY-CIRELLO REPRESENTING CHARLES JOYCE FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE IN AN AR AIRPORT RESIDENTIAL DISTRICT LOCATED IN THE NORTHERN CORNER OF THE INTERSECTION OF GORDON ROAD AND NORTH KERR AVENUE (S-526, 02/05) Vice-Chairman Caster opened the Public Hearing and announced that this item was continued from the Board’s March 14, 2005, meeting to allow the parties to workout a mutual agreement concerning the Special Use Permit for a convenience store with no gasoline sales in an AR Airport Residential District located in the northern corner of the intersection of Gordon Road and North Kerr Avenue. He reported that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Josh Mihaly Charles Joyce Matthew Giggey Benjamin Glisson Josh Mihaly of Mihaly-Cirello, on behalf of Charles Joyce, reported that the parties have worked out a mutual agreement with a revised plan to satisfy adjacent landowners and Staff’s findings of facts referenced in the March 14, 2005, meeting. Mr. Benjamin Glisson, adjacent property owner to the proposed project, concurred with the revised plan. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Hearing no further comments, Vice-Chairman Caster closed the public hearing and requested direction from the Board. Motion : Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Mihaly-Cirello, on behalf of Charles Joyce for a convenience store with no gasoline sales in an AR Airport Residential District located in the northern corner of the intersection of Gordon Road and North Kerr Avenue based upon the revised site plan, evidence presented, and Staff’s findings of facts. Upon vote, THE MOTION CARRIED 4 to 0. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 32.1. PUBLIC HEARING TO CONSIDER REQUEST BY LINDA CRAFTS FOR A SPECIAL USE PERMIT TO LOCATE A RESIDENTIAL DUPLEX IN AN R-10 RESIDENTIAL DISTRICT LOCATED AT 605 SHAWNEE TRAIL (S-527, 03/05) Vice-Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 275 The following persons were sworn in: Dexter Hayes Linda B. Crafts Herbert Taylor Planning Director Dexter Hayes reported that Linda Crafts has requested a Special Use Permit to locate a residential duplex in a R-10 Residential District located at 605 Shawnee Trail. The Planning Board voted 5-0 to recommend approval of the project. The Planning Board asked Staff to prepare a text amendment to consider allowing duplexes by right in the R-10 residential district. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. The site fronts on Shawnee Trail and has access to Red Heart Drive, which is a public right-of- way. C. The site is served by city water and county sewer. D. The proposed duplex is an addition to the side of the existing home and contains independent cooking and sleeping facilities. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The subject parcel is within the R-10 Residential Zoning District and is approximately 20,800 square feet. B. The proposed project meets all required setbacks. C. Duplexes are permitted by special use permit in the R-10 Residential District provided the lot is a minimum of 15,000 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. A. The subject property is located in an R-10 residential district. Duplexes are permitted by special use permit in the R-10 district. B. No evidence has been presented to indicate that the proposed use will injure property values. 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. A. The site is classified as Developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. B. Housing policies in the comprehensive plan state that “The County and City shall continue to support and enhance a broad range of affordable housing programs and increase affordable rental housing.” Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Linda B. Crafts stated that the requested project was to accommodate her husband’s aging parents and agreed with Staff’s findings of facts. Herbert Taylor stated that he was a neighbor of the Crafts’ and that he was in favor of the zoning request. Hearing no further comments, Vice-Chairman Caster closed the public hearing and requested direction from the Board. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Linda Crafts, to locate a residential duplex in a R-10 Residential District located at 605 Shawnee Trail based on the evidence presented and Staff’s findings of facts. Upon vote, THE MOTION CARRIED 4 to 0. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 32.2. PUBLIC HEARING TO CONSIDER THE REQUEST BY WITHERS & RAVENEL ON BEHALF OF SEAHAWK PROPERTIES LLC TO MODIFY THE SITE PLAN FOR AN EXISTING CD (I-1) CONDITIONAL USE LIGHT INDUSTRIAL DISTRICT TO EXPAND AN EXISTING MINI- WAREHOUSE OPERATION LOCATED AT 2016 FARLEY DRIVE (Z-510, 03/05) Vice-Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 276 The following persons were sworn in: Dexter Hayes Cindee Wolf Planning Director Hayes reported that Withers & Ravenel, on behalf of Seahawk Properties LLC, has requested to modify the site plan for an existing CD (I-1) Conditional Use Light Industrial District to expand an existing mini-warehouse operation located on 2016 Farley Drive. At the Planning Board meeting there was discussion about the required front yard setback on a corner lot and how it should be applied on the subject site. No one spoke in opposition. The Planning Board voted 4-1 to recommend approval provided the Zoning Board of Adjustment approves a variance to allow a reduction in the building setback from the Capital Drive right-of- way from 50-feet to 35-feet. Staff supports the expansion of the mini-warehouse operation on the site. The proposed site plan does not comply with the required 50-foot setback from the Capital Drive right of way. Staff recommends reconfiguring the project to accommodate the appropriate setbacks. Commissioner Davis confirmed with Planning Director Hayes that the request was consistent with the Land Use Plan. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Cindee Wolf with Withers & Ravenel, representing Seahawk Properties LLC requested that the Board approve the request to modify the site plan acknowledging that if the Zoning Board of Adjustment approves a variance to allow a reduction in the building setback from Capital Drive right-of-way from 50-feet to 35-feet the project will be built as submitted. If the Zoning Board of Adjustment does not approve the setback then a variance will be requested. After discussion, the consensus of the Board was that the Zoning Board of Adjustment’s determination was needed before the Board could make a decision. There being no further comments, Vice-Chairman Caster closed the public hearing and asked for direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to continue the request by Withers & Ravenel, on behalf of Seahawk Properties LLC, to modify the site plan for an existing CD (I-1) Conditional Use Light Industrial District located at 2016 Farley Drive until the April 18, 2005 Board meeting and the Zoning Board of Adjustment has made a determination on the setback requirements. Upon vote, the MOTION CARRIED 4 to 0. PUBLIC HEARING TO CONSIDER REQUEST BY LANDDESIGN, INC. ON BEHALF OF SENCA PROPERTIES, LLC, TO REZONE APPROXIMATELY 6.0 ACRES OF PROPERTY LOCATED IN THE 9000 BLOCK OF MARKET STREET FROM CD (O&I) & R-15 TO CD (B-1) CONDITIONAL USE NEIGHBORHOOD BUSINESS AND CD (O&I) CONDITIONAL USE OFFICE AND INSTITUTIONAL (Z-795, 03/05) Vice-Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Chris Boney David S. Hollis Mike Nadeau Jim Mullins Carla Strickland Planning Director Hayes reported that the Board previously approved a Conditional Use Office and Institutional Rezoning for a 3.36-acre portion of the subject property, which was proposed for an Ambulatory Surgery Clinic by LandDesign Inc., on behalf of SENCA Properties, LLC. The petition was presented as a high tech medical complex within a “village context”. Several neighbors presented concerns about the scale of the project, potential noise and light pollution, as well as traffic and drainage concerns. After discussion about the potential impacts to nearby properties, and the conditions imposed on the previously approved rezoning for the Ambulatory Surgery Clinic the Planning Board voted 3-2 to recommend approval of the portion of the site plan that encompasses the Ambulatory Surgery Clinic, the main entrance road and the associated stormwater management facility. The remainder of the site plan was withdrawn from consideration until a public information meeting about the project is held with the neighboring communities, Planning Board members, and various public agencies. Planning Director Hayes reported that staff recommends that the Board only approve the modified request on approximately 6.0 acres which is the first phase of the project that includes the Ambulatory Surgery Clinic while the details of the remainder of the master plan and transportation improvements are finalized. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 277 Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Ogden VFD. B. The site has access to Market Street (US 17) that is classified as an Arterial Road by the New Hanover County Thoroughfare Classification Plan. C. County Water and Sewer is proposed. D. The proposed project includes approximately 70 acres. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The project is proposed as a mixed-use type project with medical & professional offices, ambulatory surgery, health services, and retail uses. B. A site plan, which can meet all of the conditions of the zoning ordinance, has been submitted. C. Minimum setbacks and buffers from residential districts and right of ways are shown on the plan. D. A traffic impact analysis has been provided. E. Detailed site plans will be submitted for permitting. Some minor changes may occur as a result of detailed site plan review. 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. A. The proposed zoning for the subject property is Conditional Use O&I and Conditional Use B-1 B. No other medical facilities of this type are available nearby. C. The subject parcel is part of a larger parcel. The surrounding property is vacant and zoned R-15 residential. D. No evidence has been presented to indicate that the proposed use will injure property values. 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. A. The site is classified as Resource Protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. The Planning Board recommended the following conditions: 1) A tree survey of all regulated and significant trees shall be provided and tree removal permits shall be obtained prior to land disturbance. 2) Intersection designs should be consistent with any access management plan for the I-17 corridor that may include the relocation or elimination of driveways. 3) All required buffer areas shall remain undisturbed and grading limits shall stop at the buffer. 4) Staff shall meet with the applicant or project representatives to field verify COD (50-foot Swamp Forest setbacks will apply). Commissioner Davis clarified the following with Planning Director Hayes: ?? The revised rezoning plan is consistent with the Land Use Plan. ? The Board, at their October 4, 2004 meeting, approved rezoning approximately 3.36 acres of ? property from R-15 Residential to CD (O&I). ? The revised rezoning plan before the Board is to rezone approximately 6 acres of property just north of the previously rezoned property and including a portion of the previously rezoned ? property. ? If the Board approves the rezoning request, the previous rezoning will revert back to Residential ? R-15, except for the portion included in the revised rezoning plan. ? The revised rezoning plan size has been increased to accommodate the proper storm water ? management system. ? If the revised rezoning of approximately 6 acres is approved by the Board, the balance of the property will remain zoned Residential R-15 and any future request for rezoning will have to come ? back before the Board. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Mike Nadeau of Creative Properties, Inc. stated they are in the process of following the Planning Board’s recommendation to meet with neighboring communities concerning the master plan for the remaining project. A “Certificate of Need” was awarded by the State confirming the need for the Ambulatory Surgery Clinic. Deadlines are included with the certificate necessitating coming to the Board for the approval of the rezoning of the approximately 6 acres now and the master plan in a few months. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 278 Jim Mullins, a resident of New Hanover County, stated he was concerned that there wasn’t a need for the Ambulatory Surgical Clinic but felt more confident in the project since hearing that the State issued a “Certificate of Need”. Chris Boney, of Boney Architects, stated that the storm water plan has been changed to a direct-grade infiltration system that doesn’t require an open pond that can be tied back into a larger system in the future. Carla Strickland, a resident of New Hanover County, stated concerns on the location of the clinic, the increase in the traffic, and future traffic patterns. Mr. Boney responded that this location was chosen to best serve the needs of the surrounding area. A traffic impact analysis has been done recommending a stoplight. Planning Director Hayes clarified that the Planning Board’s vote of 3 to 2 for approval, was that the majority of the Board felt this portion of the project should not be held-up since the initial rezoning was approved. There being no further comments, Vice-Chairman Caster closed the public hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request by Land Design Inc., on behalf of SENCA Properties, LLC, to rezone approximately 6 acres of property located in the 9000 block of Market Street from CD (O&I) & R-15 to CD (B-1) Conditional Use Neighborhood Business and CD (O&I) Conditional Use Office & Institutional with the following conditions: 1) a tree survey of all regulated and significant trees shall be provided and tree removal permits shall be obtained prior to land disturbance; 2) intersection designs should be consistent with any access management plan for the I-17 corridor that may include the relocation or elimination of driveways; 3) all required buffer areas shall remain undisturbed and grading limits shall stop at the buffer; and 4) staff shall meet with the applicant or project representatives to field verify COD (50-foot Swamp Forest setbacks will apply). Upon vote, the MOTION CARRIED 4 to 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 54. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to SENCA Properties, LLC to operate an Ambulatory Surgical Unit in the 9000 block of Market Street based upon the evidence presented and Staff’s findings of facts. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in the SUP Book 3, Page 32.3. CONSIDERATION OF COUNTY CODE SEWER CONNECTION PROCEDURES AND FEES ORDINANCE AMENDMENTS Assistant County Manager Dave Weaver reported that Staff is in the process of reviewing the existing utilities section of the County Code to enhance the Districts delivery of service. The review process is anticipated to take several months. Staff is requesting the Board approve the amendments of the following sections of the utilities ordinance: Chapter 56, Division 9. Section 56-312 (a) (1), One-Time Sewer Charges. Section 56-312. One-Time Sewer Charges: (a) Sewer service connection fees (tap fees). Sewer service connection fees (tap fees) shall be charged to cover the cost of providing a tap to the sewer lateral. Tap fees shall be in the amounts stated in section 56-315 subject to the following modifications: (1) An owner may have his own tap installed, by utilizing a licensed utility contractor, provided he: a. Requests approval at the time of making application for connection to the public sanitary sewer. b. Gives five days' notice to the district of the date the tap is to be made. c. Constructs the tap with materials specified by the district under the supervision of a qualified licensed contractor. d. Arranges for the presence of a district representative when the tap is made. e. Pays the tap fee according to the fee schedule, with the understanding that the district will refund the tap fee, less an administration/inspection fee, upon the owner's completion of the tap in an improved manner. II. Appendix B, Division 9. Fee Schedule. Section 56-315 (a) Residential and nonresidential tap fees: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 279 Residential and nonresidential (after initial six months of sewer availability): Four Inch $2,500.00, or actual cost, whichever is greater Six Inch $2,700.00, or actual cost, whichever is greater Vice-Chairman Caster requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to approve amending County Code Section 56-312 (a)(1) and Section 56-315 (a). Upon vote, the MOTION CARRIED 4 TO 0. CONSIDERATION OF REQUEST FOR BOARD MEMBERS TO REPRESENT NEW HANOVER COUNTY ON THE SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Assistant County Manager Dave Weaver reported that Leon Martin, Executive Director of the Southeastern Economic Development Commission, has informed the Board that they should appoint four board members to represent New Hanover County on the SEDC. The other counties appoint one elected official and the other members are appointed based on their interest in improving economic development in their county. Most of the executive committee is made up of the Economic Development Directors from their county. The full board of SEDC meets once annually. The executive committee meets monthly at the SEDC office in Elizabethtown on the fourth Tuesday of each month. ? Scott Satterfield, Wilmington Industrial Development, as the Executive Committee member to a ? 4-year term. ?? Connie Majure-Rhett, Chamber of Commerce, to a 3-year term ?? Louis Rogers, Chairman of Partners for Economic Inclusion, to a 2-year term ?? County Commissioner or other elected official to a 1-year term Vice-Chairman Caster asked for nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to appoint Scott Satterfield to a four year term, Connie Majure-Rhett to a three year term, Louis Rogers to a two year term, and Commissioner William A. Kopp to a one year term on the Southeastern Economic Development Commission Board. Upon vote, the MOTION CARRIED 4 to 0. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Caster convened from Regular Session at 7:48 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Vice-Chairman Caster reconvened to Regular Session at 7:55 p.m. NON-AGENDA ITEMS Vice-Chairman Caster 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 Item Presented by Commissioner Kopp - Commissioner Kopp presented the following motion: In recognition that the County and City are one community, and in order to provide more efficient and effective water and sewer services, I make a motion to proceed with the consolidation of the water and sewer systems of New Hanover County and the City of Wilmington. I further move that a committee of four elected officials, two from the County Commissioners and two from the City Council, be appointed at the first meetings in May of the City Council and County Commissioners to develop the plan for consolidation. The committee should complete the plan for the consolidation by October 31, 2005, with an implementation date of January 1, 2006. Vice-Chairman Caster seconded the motion and called for direction from the Board. Vote: the MOTION CARRIED 4 to 0. Items Presented by Vice-Chairman Caster - Vice-Chairman Caster reported that he attended the following meetings and events: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 280 Family Services Office Ceremony renaming a building in memory of Alice Sisson, mother of former commissioner William E. Sisson, Jr., gang activity meeting with Commissioner Kopp and law enforcement officials, TDA meeting where he was re-elected chairman, and toured the jail, the Sheriff’s administration building and the firing range. CLOSED SESSION Vice-Chairman Caster announced a Closed Session pursuant to North Carolina General Statute Section G.S. 143-318.11(a)(6) to consider a personnel matter. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, pursuant to N.C.G.S. 143-318.11 (a)(6) to convene to Closed Session to consider a personnel matter. Upon vote, the MOTION CARRIED 4 to 0. Vice-Chairman Caster convened to Closed Session at 8:00 p.m. CONVENE TO REGULAR SESSION Vice-Chairman Caster reconvened to Regular Session at 8:19 p.m. He reported that County Manager Allen O’Neal has submitted his letter of retirement effective August 31, 2005, and that the Board of Commissioners will immediately begin a search for a replacement. The Board has agreed to grant Mr. O’Neal a $1,000 per month salary increase for five months. The Commissioners thanked Mr. O’Neal for his commitment and service to the County. Vice-Chairman Caster asked for a motion from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to accept County Manager O’Neal’s letter of retirement effective August 31, 2005, and grant the outgoing county manager a $1,000 per month salary increase for five months. Upon vote, THE MOTION CARRIED 4 TO 0. ADJOURNMENT There being no further business, Vice-Chairman Caster adjourned the meeting at 8:23 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board