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HomeMy WebLinkAbout2004-01-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 870 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 5, 2004, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Commissioner Caster requested a few moments to discuss the following items before approving the Consent Agenda: Item 2: Commissioner Caster asked if the two positions needed to implement a Coordination and Communication Initiative for older adults and disabled persons in New Hanover County would be paid by grant funds. Assistant County Manager Patricia A. Melvin responded that the positions would be funded by the grant. Items 4 & 5: Commissioner Caster referenced the hazardous materials preparedness grant and asked whether the equipment and materials would have to be purchased by the County with reimbursement once invoices have been submitted. Director of Emergency Management Warren Lee explained that the County would have to purchase the items up-front with reimbursements received from the State Division of Emergency Management and from the U. S. Department of Homeland Security through the State Homeland Security Grant Program. Chairman Greer referenced the Homeland Security Grant in the amount of $493,432 under Consent Agenda Item 5 and suggested dealing with the associated budget amendment when the grant is awarded since this is a large reimbursable grant. Director Lee explained that the Homeland Security grant in the amount of $493,432 was a continuation of the previous grant received two years ago in the amount of $61,000. Last year, the County received $132,000 and if this grant is awarded, the County will receive $493,432 for 2004. After discussing this matter with state and federal officials, it appears that the grant funds will be significantly more in 2005. County Manager O’Neal informed the Board that he would submit a budget amendment once each grant is awarded. Item 7: Commissioner Caster referenced Item 7 and noted that the dates of birth for the Annual Certification of Firemen were not shown on the list submitted to the N. C. State Firemen’s Association. County Manager O’Neal advised that he would notify the Fire Chief about this matter. Item 9: Commissioner Caster referenced Item 9 and noted that in the last paragraph, it states that no new County positions will be funded, but the grant includes funding for an education intern to work 10-15 hours per week for 40 weeks at $10.00 per hour. He asked if the intern position will be paid by grant funds. Ms. Ruth Haas, Director of Cape Fear Museum, responded that grant funds received would pay to hire an intern so Staff can have sufficient time to accomplish the goals of the grant. After hearing no further comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes as presented by the Clerk to the Board. Work Session, November 12, 2003 Regular Meeting, November 17, 2003 Regular Meeting, December 15, 2003 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 871 Authorization for the Department of Aging to Submit a Letter of Intent to the Robert Woods Johnson Foundation to Apply for a $150,000 Grant The Commissioners approved a request from the Department of Aging to submit a letter of intent to the Robert Woods Johnson Foundation for consideration to apply for a $150,000 grant to develop a local public/private partnership to address long-term care issues of at-risk older adults. If the grant is awarded, Staff is authorized to accept the grant and approve the associated budget amendment. In September 2003, the Department of Aging was selected by the N. C. Division of Aging as one of two counties to implement a Coordination and Communication Initiative for older adults and disabled persons 18-59 years of age. Approval of Budget Amendment for New Hanover County Schools The Commissioners approved a budget amendment for New Hanover County Schools that was approved by the Board of Education on December 1, 2003. The amendment funds new projects from the fund balance appropriation available from Public Schools Building Fund Reimbursements, Sales Tax Refunds, and Interest Income. Approval to Submit an Application for the 2004 Hazardous Materials Emergency Preparedness (HMEP) Grant in the Amount of $5,000 from the N. C. Department of Crime Control and Public Safety Division of Emergency Management The Commissioners approved submitting an application to the N. C. Department of Crime Control and Public Safety Division of Emergency Management for the 2004 Hazardous Materials Emergency Planning Grant in the amount of $5,000. Grant funds may be used for development of specific site plans for facilities with extremely hazardous substances, conducting commodity flow studies to determine routes over which hazardous materials may be transported, or for conducting tabletop or full-scale exercises at fixed facilities. The HMEP Grant funds are available to active Local Emergency Planning Committees (LEPC) that are formally established and compliant with specific state and federal laws, including EPCRA Sections 301(c) and 303 and N.C.G.S. 166-A. The New Hanover County LEPC meets all eligibility requirements for this grant. If the grant is awarded, LEPC proposes to conduct a commodity flow survey. This is a reimbursable grant, and participation in this program requires New Hanover County to expend local funds and submit invoices to the N. C. Division of Emergency Management for reimbursement. Approval to Submit a U. S. Department of Homeland Security FY 2003 Grant, Part II, up to $493,432 to Provide Reimbursement for Costs Associated with Preparation for Terrorism Events The Commissioners approved submitting an application to the U. S. Department of Homeland Security (DHS), through the Office of Domestic Preparedness (ODP), for a FY 2003 State Homeland Security Grant Program, Part II to provide reimbursement for the costs associated with purchasing equipment, conducting exercises, training, and planning for chemical, biological, radiological, nuclear and explosive (CBRNE) terrorism events. Through this program, the N. C. Department of Crime Control and Public Safety Division of Emergency Management will reimburse New Hanover County for actual eligible costs incurred, not to exceed the amount of $493,432. This is a reimbursable grant. Participation in the program requires that New Hanover County expend local funds and submit invoices to the N. C. Division of Emergency Management for reimbursement. County Manager Allen O'Neal was authorized to sign the attached North Carolina Subgrant Forms designating Warren Lee as Applicant's Agent and Point of Contact for matters relating to said grant, sign the Assurance of Participation Form, Discipline Points of Contact Form and Memorandum of Agreement between the N. C. Department of Crime Control and Public Safety Division of Emergency Management and the County of New Hanover. Adoption of Resolution Designating County Manager Allen O’Neal and Emergency Management Director Warren Lee as the Applicant's Agents for the FEMA Mitigation Planning Grant and Approval of Associated Budget Amendment # 04-0115 The Commissioners adopted a resolution designating County Manager, Allen O'Neal, and Emergency Management Director, Warren Lee, as the agents for the FEMA Mitigation Planning Grant that is being reopened. The County Manager was authorized to sign the grant award and approve associated budget amendment #04-0115. FEMA is reopening a previous planning grant to allow Emergency Management to spend funds that remained in the grant to complete the multi-jurisdictional Hazard Mitigation Plan. This is a new FEMA requirement in order to obtain post-disaster mitigation funds. The amount of the federal funds is $22,698.51. A County match of $7,565.50 is required and is available within Emergency Management's operating budget. The funds will be used for professional services, including planning, meeting facilitation, GIS mapping services, and for the cost of materials acquired, consumed or expended specifically for the purpose of completing the plan. In addition, funds may be used for the cost of travel or printing expenses. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 23.1. Budget Amendment #04-0115-Emergency Management Adjustment Debit Credit Hazard Mitigation Project$22,699 Contracted Services$22,699 Explanation: To budget federal funds awarded to Emergency Management to complete the multi-jurisdictional Hazard Mitigation Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 872 Approval of Annual Certification of Firemen The Commissioners approved an Annual Certification of Firemen as required by the N. C. State Firemen’s Association. The New Hanover County Fire Services must submit certification by the governing body that the current roster of firemen is valid. This certification was due by December 31, 2003. A copy of the 2003 Annual Certification of Firemen roster is on file at the Office of Fire Services. Approval of New Position at the Juvenile Day Treatment Center and Approval of Associated Budget Amendment # 04-0118 The Commissioners approved a new position at the Juvenile Day Treatment Center for a Behavioral Support/Special Education Teacher to be responsible for classroom preparation and review and for development of Individualized Education Plans (IEP) for exceptional children assigned to the Day Treatment Program. This teacher will also design effective learning strategies to enhance educational opportunities and ensure compliance to all regulatory protocols related to Special Education. Funding for this position will be provided by the New Hanover County Schools. Budget Amendment #04-0118-Juvenile Day Reporting Center Adjustment Debit Credit Contributions from Schools$17,909 Salaries$17,909 Explanation: To increase the budget for additional funding provided by New Hanover County Schools. The funds will be used to hire an additional teacher. Authorization for the Cape Fear Museum to Submit a Grant Application to the Institute of Museum and Library Services (IMLS) in the Amount of $35,500 to fund the Audio Guided Tour System for the Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application to the Institute of Museum and Library Services (IMLS) in the amount of $35,500 to purchase equipment and software, provide script development, and pay for production of an audio guided tour of the Waves & Currents exhibit. The local match will be appropriated from the Museum’s budget and from in-kind services provided by Staff. No new County positions will be funded, but the grant includes funding for an education intern working 10 to 15 hours per week for 40 weeks at $10.00 per hour. The County Manager was authorized to approve the associated budget amendment if grant is awarded. An effective tour program is the key to serving school and tour groups with a memorable museum experience. Development of the audio tour will provide the framework for successfully presenting the expanded Waves & Currents exhibit to general visitors. New written gallery guides will be developed to compliment the audio tour. By developing core outlines and formatting material in written and audio formats, the Museum will become more accessible to more visitors. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Items Presented by Commissioner Caster • Commissioner Caster announced that he would be attending a meeting of the Intergovernmental Relations Steering Committee of the N. C. Association of County Commissioners on Tuesday, January 6, 2004, in Raleigh, N. C. and noted that he would report back to the Board. •Commissioner Caster advised that he and Ms. Judith Grizzel will meet next week to discuss issues involving the Tourism Development Authority. He also announced that later in the month, a meeting will be held in the Myrtle Beach area to discuss the promotion of tourism. Items Presented by Commissioner Pritchett •Commissioner Pritchett informed the Board that she had met with the Wilmington Tree Commission and noted that a retreat was scheduled next week to plan for the coming year. She stated that the County becoming involved with the Tree Commission will be beneficial for both the City and County. Discussion was held on the elimination of the Urban Forestry position held by Mary Ann Metcalf. Commissioner Caster requested an explanation of why the position was eliminated. County Manager O’Neal responded that he thought the State eliminated the position and advised that he would be glad to check into this matter and report back to the Board. ADDITIONAL ITEMS - COUNTY MANAGER •County Manager Allen O’Neal reported that Len Chamblee, Director of Elections, has announced her retirement effective February 1, 2004. He informed the Board that pursuant to State Statute, the Board of Elections is responsible for appointing a new Director. Commissioner Pritchett advised that Ms. Chamblee was an excellent employee who will be greatly missed. •County Manager O’Neal referenced the letter from Mr. Ken Dull, Chairman of the Planning Board, to Chairman Greer requesting a joint Work Session to discuss a process to review site plans for large publicly NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 873 funded capital projects and asked if the Board wanted to schedule a joint meeting. After discussion, the Board directed the County Manager to select a convenient date for the Work Session to be held before or after a Thursday Agenda Review meeting. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented BREAK Chairman Greer called a break from 5:45 p.m. until 6:00 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY BRUCE JACKSON TO GRANT A SPECIAL USE PERMIT FOR A SIX-SLIP COMMUNITY BOATING FACILITY IN AN R-15 RESIDENTIAL ZONING DISTRICT LOCATED NEAR THE 6100 BLOCK OF MYRTLE GROVE ROAD AT THE EASTERN TERMINUS OF WINDY HILLS DRIVE TO SERVE AVALON OAKS SUBDIVISION (S-510, 12/03) Chairman Greer opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in by the Clerk to the Board: Dexter Hayes, Planning Director Bruce Jackson Chairman Greer announced that the applicant and opponents will each be allowed a total of 20 minutes to present their arguments, with 15 minutes each for the presentations and five minutes each for rebuttals/cross examinations. He requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Dexter Hayes presented maps and slides of Avalon Oaks Subdivision showing the waterfront property on the Intracoastal Waterway and surrounding properties. The Avalon Oaks Subdivision has already been approved, and the request is to add a six-slip community boating facility to serve the subdivision. He advised that only four boat slips are allowed by right; therefore, a Special Use Permit is needed to build a six-slip boating facility. The community boating facility would be located near the 6100 block of Myrtle Grove Road at the eastern terminus of Windy Hills Drive. Planning Director Hayes reported that the request was heard by the Planning Board on December 4, 2003, and the petitioner advised that the two additional lifts would only accommodate small boats. No one at the meeting spoke in support of or in opposition to the request. One member of the Planning Board did question the design of the small lifts. After further discussion, 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 findings: A.The subject property is served by private water and County Sewer. B.The site is located in the Myrtle Grove Volunteer Fire Department District. C.Access to the facility will be confined to the residents of the subdivision. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. The subject property is zoned R-15 Residential and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-15 Zoning District. B. The Zoning Ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. A CAMA major permit for the six-slip facility has been approved. C. Off-street parking must be provided on site at one space per boat slip, or on nearby residential lots. D. The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. E. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs, shall be prohibited. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. The surrounding land use is residential, and the surrounding zoning is R-15 Residential. B. Other private residential piers are located in the vicinity. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 874 A. New Hanover County land use policies encourage the consolidation of riparian access. This community boating facility will serve all of the lots in the Avalon Oaks Subdivision. B. County policies state that the development of marinas should be allowed as a means of providing public access provided they do not adversely affect estuarine resources or public trust waters. Myrtle Grove Sound is classified as SA/ORW and is closed to shellfishing. C. A four-slip boating facility is permitted by right. The two additional slips proposed are for small crafts without heads. D. Boat lifts are proposed for each slip. Many nearby private and community piers utilize boat lifts. Planning Director Hayes reported that on other occasions the County has required the consolidation of riparian rights of waterfront lots. This subdivision has retained the riparian frontage as the common area for the subdivision; therefore, no consolidation is necessary. Chairman Greer asked if any member of the Board would like to comment. Commissioner Davis asked if Staff had any concerns about the request and if the proposed use was consistent with the Land Use Plan. Planning Director Hayes responded that Staff has no concerns about the request and stated that the Land Use Plan encourages community boating facilities to provide additional access to persons living on the water. Hearing no further comments, Chairman Greer asked if the petitioner would like to present testimony. Mr. Bruce Jackson, the petitioner, presented a copy of the Dock Plan as approved by CAMA for a six-slip community boating facility. He advised that the large boat slips will have boat cradles in the lifts to avoid any boats being left in the water when not in use. He requested the Board to approve the Special Use Permit to provide boat slips to the residents living in Avalon Oaks Subdivision. Chairman Greer referenced the Dock Plan and requested an explanation of the 80-foot setback required by the Corps of Engineers. Planning Director Hayes explained that a map is located in the local District Office of the Corps of Engineers showing Intracoastal Waterway limits. The required setback limit for this portion of the waterway is 80 feet. Mr. Jackson presented the CAMA Dock Plan and State Permit for the boat slips. These documents have been marked as Exhibit I and are on file in the Planning Department as part of the Zoning Case S-510. Chairman Greer asked Mr. Jackson if he concurred with the findings of fact as presented by the Planning Director. Mr. Jackson agreed with the findings of fact as presented. Chairman Greer advised that since no one had signed up or been sworn in to present testimony in opposition to the request he would close the Public Hearing. Chairman Greer requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Special Use Permit to Bruce Jackson for Avalon Oaks LLC to allow a six-slip community boating facility in an R-15 Residential District located near the 6100 block of Myrtle Grove Road at the eastern terminus of Windy Hills Drive based upon the evidence and findings of fact concluding that: (1) 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; (2) the use meets all required conditions and specifications of the Zoning Ordinance; (3) the use will not substantially injure the value of adjoining property or abutting property, or that the use is a public necessity; and (4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located 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 21. CONSIDERATION OF REQUEST BY PLANNING STAFF TO ASSIGN THE NAME “WILD CHERRY LANE” TO THE REMAINING UNNAMED ROAD SEGMENT LOCATED NEAR THE 1200 BLOCK OF EDGEWATER CLUB ROAD (SN-94, 12/03) Chairman Greer opened the Public Hearing and requested the Planning Staff to present the road naming request. Staff Planner Sam Burgess reported that the unnamed right-of-way is located between Sea Shell Lane and Spring Peeper Lane in the Porters Neck community. An examination of the area reveals that only the eastern portion of Wild Cherry Lane from Spring Peeper Lane has been named. The portion of road to be named contains a 30-foot platted right-of-way (Plat Book 21, Page 81) and is approximately 1,600 feet in length. Presently, the road is unimproved and impassable by vehicles. However, several undeveloped lots exist along the unnamed portion of the road that will need to be officially assigned addresses in the near future. The road naming to Wild Cherry Lane is a logical extension to the existing portion of the named road extending NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 875 from Spring Peeper Lane east. The assignment of new mailing addresses will be issued on undeveloped lots in accordance with the County’s Address Grid System. The County will be responsible for creating and erecting new street signs if the road naming is adopted. An effective date of the change is scheduled for March 12, 2004. Considering the importance of the enhanced 911 system and timely delivery of services, the Planning Staff recommends naming the remaining portion of this road Wild Cherry Lane and assigning mailing addresses to the existing undeveloped lots along the road. Chairman Greer asked if anyone member of the Board would like to comment. Commissioner Pritchett asked if the designation would have any affect on future paving or accessibility to this portion of the road. Staff Planner Burgess responded that naming the road would not affect paving or any future accessibility to the road. He advised that the purpose for naming the road is because an individual would like to build on one of the undeveloped lots. If the road is not named, the person building on this lot or any other undeveloped lot will have their mail delivered on Sea Shell Lane or Edgewater Club Road, which would be inconvenient. Hearing no further comments from the members of the Board, Chairman Greer reported that two people have signed up to speak and he asked Ms. Teela Rivenbark if she would like to comment on the proposed name for the road. Ms. Teela Rivenbark, a resident of 1134 Edgewater Club Road, advised that she owned the property that backs up to the lots on the unnamed road. She reminded the Board that approximately two years ago, she requested closing this segment of the road. The request was denied by the Board of County Commissioners, and a letter was received from the Planning Department noting that the road was needed by the County for future utility and/or drainage easements or for other accessible options when nearby properties are subdivided. She informed the Board that she was the nearby property owner and stated that she did not intend to develop or subdivide her property. Ms. Rivenbark reported that a letter was received from the Planning Department in December notifying adjacent property owners about naming this segment of the road. After contacting the Planning Department about planned improvements to the road after it was named, she was informed that any property owner could pave the road if certain specifications were met. She expressed concern for the delivery of fire and other emergency services on a road less than two lanes wide, and she requested the Board to think about this before naming the unimproved easement. Chairman Greer explained to Ms. Rivenbark that the request is to name the road so addresses can be assigned if the lots are developed in the future. He also informed her that pursuant to State Statutes, counties in North Carolina cannot pave or build roads. Ms. Rivenbark asked if the house was going to be built adjacent to the back of her property. Staff Planner Burgess responded that one individual has applied for a septic tank evaluation to either build or place a modular home on the lot adjacent to the back of Ms. Rivenbark’s property. That individual called the Planning Department for an address which precipitated naming this segment of the road. Planning Director Hayes advised that every structure must have access to a public or private right-of-way that complies to certain standards. The minimal requirement in the Fire Code is a 20-foot unobstructed all weather access to any dwelling. In this situation, the lots are pre-existing and permits can be issued for a driveway. In the future, when other lots are developed, additional access will be needed and this unnamed right-of-way will be improved to accommodate additional homes. Ms. Rivenbark spoke on this being a sensitive subject to her because she had lived over 40 years in her home. If a fire should occur, she could lose her wooden shed at the back of property and the trees planted over the years. Once the road is named and people know where the road is located, four-wheel vehicles and bikers will use the road which will result in vandalism to surrounding properties. She requested the Board to consider these issues before rendering a decision. Chairman Greer expressed appreciation to Ms. Rivenbark for her remarks and stated that Ms. Lottie Wells had signed up to speak. Ms. Lottie Wells, speaking on behalf of her brother A. J. Walker who lives in Green River, Wyoming, requested the Board to consider naming the right-of-way Walker’s Way instead of Wild Cherry Lane. She explained that she originally owned the property and sold the back portion of the property to her brother A. J. Walker. The 30- foot right-of-way was already in place and it was to be used as a driveway to his property. She requested the Board to allow her brother to use the right-of-way as a driveway and to consider naming the road, Walker’s Way. Chairman Greer explained to Ms. Wells that it would be not be wise for the Board to name this portion of the road Walker’s Way with the remaining portion named Wild Cherry Lane. Commissioner Caster referenced lots 12, 13, 14, 15, 16, and 17 and asked how access would be provided when these lots are developed. Staff Planner Burgess responded that the property owners would be responsible for improving and maintaining the road to access their homes. He explained that many roads exist in the unincorporated county where the property owners have assumed the responsibility of improving and maintaining roads at their expense. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 5, 2004PAGE 876 Hearing no further comments, Chairman Greer closed the Public Hearing. He requested direction from the Board. Motion: After commenting on the need to name the road for address purposes, Commissioner Caster MOVED, SECONDED by Chairman Greer, to approve the recommendation by Planning Staff to assign the name Wild Cherry Lane to the remaining unnamed road segment between Sea Shell Lane and Spring Peeper Lane in the Porters Neck Community and proceed with assignment of addresses. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Order and Ordinance naming the road and assigning addresses is hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 23.2. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the Water and Sewer District at 6:40 p.m. Chairman Greer reconvened to Regular Session at 7:49 p.m. CLOSED SESSION Chairman Greer called for a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to consult with the County Attorney regarding a matter of litigation Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to enter into Closed Session for the purpose stated. Upon vote, the motion CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 7:50 p.m. Chairman Greer reconvened to Regular Session at 8:50 p.m. He reported that the Board consulted with the County Attorney regarding a matter of potential litigation in the Closed Session and stated that no action was taken. Chairman Greer called for a motion to convene to Closed Session pursuant to 143-318.1(a)(3) to consult with the County Attorney regarding a matter of litigation. Vice-Chairman Boseman requested to be recused from the Closed Session because of a personal conflict. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer, to recuse Vice-Chairman Boseman from the Closed Session for the stated purpose. Upon vote, the MOTION CARRIED 4 to 0. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session for the stated purpose. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Greer convened from Regular Session to Closed Session at 8:52 p.m. Chairman Greer reconvened to Regular Session at 9:45 p.m. He reported that the Board consulted with the County Attorney regarding a matter of potential litigation in the Closed Session and stated that no action was taken. ADJOURNMENT Chairman Greer called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 9:48 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board