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HomeMy WebLinkAbout2004-07-12 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 78 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 12, 2004, at 2:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; Assistant County Manager, Patricia Melvin; Assistant County Manager Dave Weaver; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. Vice-Chairman Julia Boseman was absent. 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 Davis 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. Chairman Greer stated that Staff has requested Consent Agenda Item 5 be pulled from the Consent Agenda to allow Staff the opportunity to fully evaluate the contract and explore alternatives. Chairman Greer called for a motion to approve the remaining items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to remove Consent Agenda Item 5 to allow Staff the opportunity to fully evaluate the contract and explore alternatives and approve the remaining items as presented. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board: Special Meeting June 3, 2004 Regular Meeting June 7, 2004 Board of Equalization & ReviewJune 14, 2004 Special MeetingJune 14, 2004 Budget Work SessionJune 14, 2004 Regular MeetingJune 21, 2004 Adoption of Resolutions to Add Roads to the State Road System The Commissioners adopted resolutions to add the following roads to the State Road System: •Chelwood Court, Oliver Court, Chorley Road, Hailsham Drive, Bancroft Drive, Danton Street, Glen Arthur Drive, Burroughs Drive, Dorrington Drive, Stoddard Road, Wedderburn Drive and Teviot Road in Lords Creek Subdivision (Div. File # 1051-N) •Gatefield Drive, Chadsford Court, Gainsford Court, Lawther Court, Thursley Road, Beaumont Court, Dartridge Court, Tollington Drive, Clairidge Drive, Brascote Lane, Aftonshire Drive, Chapra Drive, Winforde Road in Georgetowne Subdivision (Div. File # 1052-N) •Long Pointe Road and Mako Drive in Masonboro Village (Div. File # 1053-N) Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIX, Page 1.1. Acceptance of Report from New Hanover County Schools on Budget Amendment #10 and Capital Outlay Budget Transfer - New Hanover County Schools The Commissioners accepted the report of the New Hanover County Schools budget amendment #10 and capital budget transfer that were approved by the Board of Education on June 8, 2004. Acceptance of Grant from the Bureau of Justice Assistance for the Purchase of Bulletproof Vests and Approval of Associated Budget Amendment #2005-02 - Sheriff’s Office The Commissioners accepted a grant in the amount of $4,583.17 from the Bureau of Justice Assistance (BJA) and approved associated budget amendment #2005-02. The money will be used for the purchase of bulletproof vests. The County Manager was authorized to sign the grant documents. The grant requires a 50% match of $4,583.17 to be paid from Controlled Substance Tax Funds as directed by the Sheriff. Budget Amendment #2005-02 - Sheriff AdjustmentDebitCredit Uniform Patrol: US Department of Justice Grant$4,584 Transfer in from Capital Projects$4,584 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 79 Budget Amendment #2005-02 - Sheriff (Cont.) AdjustmentDebitCredit Uniforms$9,168 Controlled Substance Tax: Capital Project Expense$4,584 Transfer to General Fund$4,584 Explanation: To budget grant award received by the Sheriff’s Office from the Bureau of Justice Assistance (BJA) for the purchase of bullet-proof vests. Acceptance of Grant from the Airlie Gardens Foundation for Administrative Support The Commissioners accepted a grant in the amount of $38,800 from the Airlie Gardens Foundation. The money will be used to fund an Administrative Support Specialist Position at Airlie Gardens.This individual will assist with the Friends of Airlie Membership program, volunteer support, wedding rentals, special events, and general administrative support. The position will be eliminated if the grant is not continued. Approval of Budget Amendment #2004-59 - Administrative Annex The Commissioners approved the following budget amendment: Budget Amendment #2004-59 - Administrative Annex AdjustmentDebitCredit Interest on Investments$5,716 Extended Project Expense$7,176 Transfer to General Fund$12,892 Explanation: For accounting purposes only; to close Fund 372 and report to Commissioners. Approval of Budget Amendment #2004-63 - Veterans Park The Commissioners approved the following budget amendment: Budget Amendment #2004-63 - Veterans Park Adjustment Debit Credit Interest on Investments$ 700 Extended Project Expense$67,308 Transfer to General Fund$68,008 Explanation: For accounting purposes only; to close Fund 319 and report to the Commissioners. Approval of Budget Amendment #2004-64 - Parks/Senior Center Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2004-64 - Parks/Senior Center Capital Project AdjustmentDebitCredit Interest on Investments$58,500 Extended Project Expense$ 1,341 Transfer to General Fund$59,841 Explanation: For accounting purposes only; to close Fund 315 and report to the Commissioners. Approval of Budget Amendment #2005-01 - Sheriff The Commissioners approved the following budget amendment: Budget Amendment #2005-01 - Sheriff AdjustmentDebitCredit Controlled Substance Tax: Controlled Substance Tax$6,836 Capital Project Expense$6,836 Explanation: To increase budget for additional revenue received on June 22, 2004 REGULAR ITEMS OF BUSINESS CONSIDERATION OF RESOLUTION AUTHORIZING LOCATION OF REGISTER OF DEEDS OFFICE North Carolina General Statues 161-7 states that, "The register shall keep his office at the courthouse unless the board of county commissioners shall deem it impracticable." The Register of Deeds requests approval of the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 80 resolution to authorize the Real Estate Section of the Office of Register of Deeds to be located at 216 North Second Street. Chairman Greer read the resolution into the record. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to adopt the resolution authorizing the location of the Real Estate Section of the Office of Register of Deeds to be 216 North Second Street, Wilmington, North Carolina. Upon vote, the MOTION CARRIED 4 to 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 1.2. CONSIDERATION OF PROCLAMATION DECLARING JULY 22, 2004, AS AZALEA CITY KIWANIS CLUB DAY IN COMMEMORATION OF ITS 40 ANNIVERSARY TH Chairman Greer reported that the Commissioners have been requested to proclaim July 22, 2004, as Azalea City Kiwanis Club Day in commemoration of the Azalea City Kiwanis Club’s 40 th anniversary. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring July 22, 2004, as Azalea City Kiwanis Club Day in commemoration of the Azalea City Kiwanis Club’s 40 th anniversary. Upon vote, the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 1.3. CONSIDERATION OF PLAN FOR NEW HANOVER COUNTY SENIOR/DISABLED LOW INCOME PROPERTY OWNER BENEFIT AND APPROVAL OF RELATED BUDGET AMENDMENT #05-0002 Chairman Greer reported that at the Board’s June 21, 2004 meeting, the Board directed staff to develop a mechanism for implementing tax relief for elderly and disabled low-income citizens and requested Budget Director Cam Griffin to make the Staff presentation. Budget Director Griffin reported that to qualify for the New Hanover County Senior/Disabled Low Income Property Owner Benefit Program a homeowner must meet the eligibility requirements the state currently employs for the Homestead Exemption. This simplifies the process as the eligible homeowners have already been identified. There are approximately 1,634 eligible citizens. To qualify a person must: •Be at least 65 years of age or totally and permanently disabled. •Have an income for the preceding calendar year of not more than the income eligibility limit (listed below). •Be a resident of North Carolina. Until July 1, 2003, the income eligibility limit was eighteen thousand dollars ($18,000). For taxable years beginning on or after July 1, 2003, the income eligibility limit is the amount for the preceding year, adjusted by the same percentage of this amount as the percentage of any cost-of-living adjustment made to the benefits under Titles II and XVI of the Social Security Act for the preceding calendar year, rounded to the nearest one hundred dollars. The 2004 income limit is $18,800. The state exclusion amount is the greater of $20,000 or fifty percent of the appraised value of the residence. The County program effectively increases the amount from $20,000 to $34,000. The tax is still assessed on the additional $14,000, but the tax is paid by the County Department of Social Services with County funds. Not all taxpayers who receive the homestead exemption from the state will benefit from the additional $14,000. If the individual’s residence has a tax value of less that $20,000 there will be no additional benefit to them from the County program since they currently do not pay property tax. Legally, the County does not have the authority to create tax exemptions, but it does have the authority to create social service programs. Therefore, the County will assess the $14,000 additional exemption to the individual taxpayer, but the tax relief will be paid by the Department of Social Services. The individual taxpayer’s bill currently has a line for the state homestead exemption. A separate line will be added for Public Assistance Relief. The taxpayer will be billed the net amount. The plan will only apply to New Hanover County tax, not to the Fire District Tax, or to taxes levied by the municipalities. There may be some additional printing expense by adding the additional line to the tax bill for County Public Assistance Relief. There will be staff time involved in the changes in the tax listings for the eligible taxpayers and the transfer of funds between DSS and the Tax Department. The cost of the staff time involved can be absorbed in the FY 04-05 Budget. Staff recommends approval as soon as possible to allow Information Technology and Tax Department staff time to revise the records of those eligible for the County plan and to include the additional County Public Assistance Relief. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 81 Budget Amendment # 05-0002-Non-Departmental/Social Services AdjustmentDebitCredit Non-Departmental: Senior/Disabled Low Inc. Benefit$156,000 Senior/Disabled Low Inc. Property Owner Benefit: Senior/Disabled. Low Inc. Benefit$156,000 Explanation: To transfer funds from Non-Departmental to Social Services for New Hanover County Senior/Disabled Low Income Property Owner Benefit Program. Motion : Commissioner Davis MOVED, SECONDED by Commissioner Pritchett to approve the New Hanover County Senior/Disabled Low Income Property Owner Benefit Program and the related budget amendment. Upon vote, the MOTION CARRIED 4 to 0. PUBLIC HEARING TO CONSIDER REQUEST BY SONJA POWELL TO REZONE APPROXIMATELY 4 ACRES OF PROPERTY LOCATED AT 4133 BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO I-1 LIGHT INDUSTRIAL (Z-776, 04/04) - ITEM CONTINUED FROM JUNE 7, 2004 MEETING Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to present background on the request. Planning Director Hayes reported that the applicant presented her case to the Board of Commissioners at their meeting on June 7, 2004, and one neighbor and her consultant spoke in opposition. After some discussion the Board voted to continue the item to give the applicant an opportunity to contact his engineer and meet with the neighbor to work out some of the concerns presented at the hearing. Staff has spoken with the applicant and a meeting is being arranged. The petitioner is requesting a rezoning of 4.0 acres of property from R-15 to I-1 Light Industrial. The uses permitted for light industrial are more compatible for smaller parcels where industrial flex space, professional offices, contractors or retail services might locate. The Planning Board voted 3-2 to recommend approval of the I-1 Light Industrial Zoning. Chairman Greer asked if anyone from the audience would like to speak in opposition to the request. Dr. Sandra Grady Yates, an heir to the Luke Grady property located at 4133 Blue Clay Road, spoke in opposition of the rezoning request by Sonya Powell to rezone approximately 4.0 acres of property from R-15 Residential to I-1 Light Industrial. Dr. Yates presented statements from seven additional heirs to the Luke Grady property authorizing her to speak on their behalf to oppose the rezoning request to preserve their family’s heritage and to keep the area zoned low density residential. Ms. Nadine Brimage, resident of 3810 Juvenile Center Road, spoke in opposition to the rezoning request by Sonya Powell. She was concerned about the types of businesses that would be allowed on the property if it was zoned to I-1. Because Mr. Powell and his family are in the bail bondsman business, she was concerned that he would build an office on the property and that it would be opened for business 24 hours a day, seven days a week. She was also concerned that inmates may wander around the neighborhood waiting for transportation after being released by the bail bondsman. She requested the Board to deny the rezoning request because she felt the business would be an encroachment on her property and on her safety. Chairman Greer asked if anyone from the audience would like to speak in favor of the request. Hearing no further comments, Chairman Greer asked for direction from the Board. Commissioner Caster stated that with the additional heirs to the property coming forth in opposition to the rezoning request, he felt that the family members needed to come to an agreement. County Attorney Copley advised the Board that they could defer the request to allow the family members time to come to an agreement or they could act on the motion. Commissioner Pritchett asked Planning Director Hayes if this was an expansion of the I-1 zoning across the road. Planning Director Hayes confirmed that this rezoning would extend the I-1 Light Industrial zoning that was across the road. Commissioner Davis stated his agreement with Commissioner Caster, that he would like to see the family members come to an agreement on the rezoning of the property. Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to deny the request by Sonja Powell to rezone approximately 4 acres of property located at 4133 Blue Clay Road from R-15 Residential to I-1 Light Industrial. Substitute Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis to table the request to rezone approximately 4 acres of property located at 4133 Blue Clay Road from R-15 Residential to I-1 Light Industrial. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 82 After a brief discussion Commissioner Pritchett withdrew the substitute motion. Chairman Greer called for a vote on the original motion to deny the request. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING TO CONSIDER REQUEST BY GRACE PATTERSON FOR A SPECIAL USE PERMIT TO OPERATE A CHILD DAYCARE FACILITY FOR 12 CHILDREN IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 111 CANNON ROAD (S-519, 06/04) Chairman Greer opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any person 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: Dexter Hayes Grace Patterson Ray Patterson Chairman Greer announced that the applicant and opponents will each be allowed a total of twenty minutes to present their arguments, with fifteen 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 Hayes reported that the applicant presented her request at the Planning Board meeting on June 3, 2004, to expand her in-home daycare to allow twelve children. Several neighbors spoke in opposition stating that the increased traffic on a narrow curving residential road was not safe. Other neighbors stated their concerns about the number of children, the appearance of additional parking and turn around area as well as possible noise associated with the daycare. According to the applicant the home is large enough to satisfy the State requirement for twenty-five square feet per child. After some discussion the Planning Board voted 4-1 to recommend approval with the following three conditions; 1) the number of children should not exceed nine; 2) drop-off and pick up times shall be staggered so that there are a maximum of two drop offs or pick ups in ten minute intervals; and 3) the site plan provided shall be amended and drawn to scale. 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. A.The subject property is located within the Ogden VFD. B.The site has access to Cannon Road which is a public right-of-way. C.The site is served by City Water and County Sewer. D.The proposed use will occur in an existing home that is currently used as an in-home daycare for less than five children. 2.The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A.Parking for one employee and four off-street spaces is proposed adjacent to the driveway. B.Additional area may need to be provided to accommodate drop off and turn around in a manner to provide access without backing onto the public right of way. C.There is an existing fenced play area. D.Outside signs for the facility shall not exceed two square feet. No signs are proposed. E.Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and other applicable federal state or local codes. F.No new buildings are proposed, however the applicant may need to convert a portion of the existing garage to accommodate the proposed number of children. 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-15 residential district. B.Child daycare facilities are permitted by special use permit in all residential districts. 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 and is within the urban growth boundaries. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children. Planning Director Hayes reported that given the limited space for parking, drop off and turnaround, and given the limited size of the existing home, staff suggested that the Board consider reducing the proposed number of children from 12 to 8 or 10. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 83 Chairman Greer asked if the request was consistent with the Land Use Plan. Planning Director Hayes responded that the request was consistent with the Land Use Plan because the County encourages daycare facilities in residential districts to serve the needs of the community. Chairman Greer asked if Staff had any reason to believe that the Special Use Permit should not be granted. Planning Director Hayes responded that Staff had no concern about issuing the Special Use Permit for the proposed daycare facility that will be limited to 8 or 10 children. Chairman Greer asked if any member of the Board would like to comment, hearing none, he asked the petitioner if she would like to present testimony. Grace Patterson, petitioner and owner of the property located at 111 Cannon Road, spoke in favor of the request stating that she agrees with the Planning Board conditions. She presented a petition from neighbors who are in favor of the special use permit. Ray Patterson, husband of Grace Patterson and co-owner of the property, spoke in favor of the request stating he has checked with NCDOT and there have been no accidents reported in that area since 1990 and that he has observed no major traffic backups. He has talked with neighbors in the surrounding area and has obtained their signatures on a petition in favor of the special use permit. Commissioner Davis asked Ms. Patterson if she agreed to the limitation of nine children when she had requested twelve. Ms. Patterson stated that she was in agreement with the nine children limitation. Commissioner Davis asked if the people who spoke in opposition at the Planning Board meeting were aware of meeting today. Planning Director Hayes stated that they were notified of the meeting. Chairman Greer asked if any persons sworn in by the Clerk to the Board would like to speak in opposition to the request. Hearing no further comments, he closed the Public Hearing. Commissioner Pritchett said she was satisfied that the Planning Board issues have been settled. Chairman Greer requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve the request by Grace Patterson for a Special Use Permit to operate a Child Daycare Facility in an R-15 Residential Zoning District located at 111 Cannon Road with the following conditions; 1) the number of children should not exceed nine; 2) drop-off and pick up times shall be staggered so that there are a maximum of two drop offs or pick ups in ten minute intervals; and 3) the site plan provided shall be amended and drawn to scale. 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 SUP Book 3, Page 26.1. PUBLIC HEARING TO CONSIDER REQUEST BY PLANNING STAFF TO AMEND SECTION 62 OF THE ACCESSORY BUILDING/USE SECTION OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO ALLOW STORMWATER MANAGEMENT FACILITIES ON CONTIGUOUS PROPERTIES WITH DIFFERENT ZONING DISTRICTS (A-334, 06/04) Chairman Greer requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Hayes reported that Planning Staff recommends that language in Section 62 be placed in a new Section 62-1 and that a Section 62-2 be added to the Zoning Ordinance with the following text: 62-2Retention and detention facilities serving nonresidential development shall be permitted on contiguous residential tracts abutting the development served provided: (1)There is no encroachment of the commercial activity onto the adjacent residential site, and (2)provided the adjacent residential property is in the same ownership as the commercial tract, and (3)the residential site is not part of an existing residential subdivision except in the case of shared stormwater facilities. (4)The stormwater facility shall be setback twice the corresponding residential minimum side or rear yard measured from the top of slope to the adjacent property line. A minimum 20' buffer-yard within the setback shall be provided. (5)The stormwater management facility shall be constructed as an aesthetic amenity with maximum slopes of 5:1. (6)If fencing of the facility is necessary then it shall not be chain link. Planning Director Hayes reported that staff presented the proposal to the Planning Board at its meeting of June 3, 2004. No one spoke in support or opposition. Several Planning Board members thought that stormwater facilities were already permitted in adjoining residential districts. The Planning Board voted 5-0 to recommend approval. The staff summary reports that under the current regulations stormwater management is considered an NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 84 accessory use and is not permitted on adjacent properties with different zoning classifications. Many applicants have approached the planning staff with proposals that make good site planning sense but cannot be accomplished because the stormwater system is within an adjacent residential district. In some situations staff has allowed stormwater management within residential districts if the system is a shared facility for residential and commercial projects. Many of the County zoning district boundaries were established as offsets from rights of way, and many of the district boundaries continue to parallel these rights of way. As a result there are numerous locations where parcels have split zoning or there are landlocked parcels between commercial frontage and subdivisions. Often these types of parcels end up as the subject of marginal rezoning cases and end up as conditional use districts because that is the only way to ensure that the new zoning area is used for stormwater management. Ultimately it is preferable for commercial and residential developments alike to utilize a site sensitive approach to development and work with the natural topography and natural features rather than specifically engineering a site around the zoning regulations. Allowing developments to utilize low areas for stormwater management regardless of zoning and the source of the runoff leaves the opportunity for more sensitive site design, preservation of vegetation and possibly a reduction of conditional use zoning. Chairman Greer requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to amend Section 62 of the Accessory Building/Use Section of the New Hanover County Zoning Ordinance to allow stormwater management facilities on contiguous properties with different zoning districts. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the amended zoning ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 1.4. PUBLIC HEARING TO CONSIDER REQUEST BY PLANNING STAFF TO AMEND SECTION 59.6 OF THE SPECIAL HIGHWAY OVERLAY DISTRICT OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO ADDRESS SITUATIONS WHERE THERE ARE OVER LAPPING SPECIAL HIGHWAY OVERLAY DISTRICTS (A-335, 06/04) Chairman Greer opened the Public Hearing and asked Planning Director Hayes to make the Staff presentation. Planning Director Hayes reported that the Special Highway Overlay District (SHOD) regulations were established in 1986. The purpose as defined in section 59.6-1 is to protect the natural beauty and scenic vistas that exist along Interstate Highways and other specially designated roadways that serve as major access ways and gateways into New Hanover County. The SHOD regulations accomplish this objective with additional front and side setbacks, regulations for location of parking and loading, and additional regulation of signs. In the unincorporated County, the SHOD has been established along three major corridors; Interstate 40, North Market Street, and most recently I-140 Highway (17 by-pass). Establishment of the SHOD along the by-pass created situations where there are overlapping Special Highway Overlay Districts. The Overlapping SHOD districts occur at the Market Street Interchange and the I-40 Interchange. Nothing in the ordinance specifically addresses this situation, therefore, any parcel falling within the overlapping SHOD districts is subject to additional setbacks, parking and loading regulations from two sides. Although no specific development proposals have been received for any of these quadrants, applying the additional SHOD regulations to two sides of a project could severely impact the developability of certain parcels. The ordinance dictates special provisions for corner lots in two other sections, which could be adapted to address the overlapping SHOD situation. Section 23-19 of the Zoning Ordinance addresses setbacks, The front of a lot shall be construed to be that portion abutting on a street, including the side dimension of a corner lot. For the purpose of determining yard requirements for corner lots in Residential Districts, the minimum width of a side yard along an intersecting street shall be fifty (50) percent greater than the minimum side yard requirements of the district in which the lot is located, or one-half (½) of the minimum front yard setback along the side street, whichever is greater. Side yard requirements of corner lots in Business, Office and Institutional, and Industrial Districts shall be the same as the front yard requirements of the district in which the lot is located. Through lots shall be considered to have two (2) front yards. (1/4/93). Section 67-10(8) of the Ordinance addresses Streetyard Landscaping requirements on corner lots, Streetyards shall be required along all street frontage. For sites with 2 or more street frontages only the primary street frontage shall contain the full amount of streetyard as indicated in the table. All secondary street frontages shall contain 2 the required square footage amount. Based on the consistency with other sections of the Ordinance, Staff recommends amending Section 59.6 to add (7) to the ordinance with the following text: 59.6-3(7) Any parcel of land that falls within overlapping Special Highway Overlay Districts shall be subject to all of the setback requirements of this section for one of the two designated highways. Setbacks from the right of way of the secondary highway frontage as determined by the applicant may be reduced by 50%. The Planning Board approved the request unanimously. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 85 Hearing no further comments, Chairman Greer asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve the request by Planning staff to amend Section 59.6 of the Special Highway Overlay District of the New Hanover County Zoning Ordinance to address situations where there are overlapping Special Highway Overlay Districts. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the amendment to the zoning ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 1.5. CONSIDERATION OF ENDORSEMENT TO DEVELOP AN ACCESS MANAGEMENT PLAN FOR THE NORTHERN SECTION OF MARKET STREET Chairman Greer requested Planning Director Hayes to present this item. Planning Director Hayes reported that NCDOT has asked for the County's endorsement of a transportation planning study that will focus on the access needs of frontage properties along the northern section of Market Street extending into Pender County. With the completion of the I-140 interchange, the Highway 17 improvements, and the anticipated land use changes that are likely to occur along this segment of Market Street, it is important that an access management plan be developed that will protect the transportation functions of these new highways. The study will be undertaken by NCDOT and coordinated with County Planning Department and MPO staff. The study is expected to be completed in ninety days and a report will be brought back to the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to endorse the County’s participation in a Transportation Study for the north section of Market Street to focus on the land use changes likely to occur with the completion of the I-140 interchange. Upon vote, the MOTION CARRIED 4 TO 0. SECOND READING OF APPLICATION FOR SOLID WASTE FRANCHISE BY ALL-WAYS RECYCLING Chairman Greer reported that New Hanover County Code Section 44-55 requires a franchise for municipal solid waste collection. The Board at the June 21, 2004, meeting approved the application for All-Ways Recycling on the first reading. A second reading and final approval of the application is required. The Finance Director has evaluated the application and is satisfied that the company is solvent. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve on second reading the application for a solid waste franchise from All-Ways Recycling. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the franchise agreement is available in the Legal Department. SECOND READING OF APPLICATION FOR SOLID WASTE FRANCHISE BY CAPE FEAR HAULING Chairman Greer reported that New Hanover County Code Section 44-55 requires a franchise for municipal solid waste collection. The Board at the June 21, 2004, meeting approved the application for Cape Fear Hauling on the first reading. A second reading and final approval of the application is required. The Finance Director has evaluated the application and is satisfied that the company is solvent. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to approve on second reading the application for a solid waste franchise from Cape Fear Hauling. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the franchise agreement is available in the Legal Department. SECOND READING OF APPLICATION FOR SOLID WASTE FRANCHISE BY FOUR SEASONS OF COASTAL CAROLINA, INC. Chairman Greer reported that New Hanover County Code Section 44-55 requires a franchise for municipal solid waste collection. The Board at the June 21, 2004, meeting approved the application for Four Seasons of Coastal Carolina, Inc. on the first reading. A second reading and final approval of the application is required. The Finance Director has evaluated the application and is satisfied that the company is solvent. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve on second reading the application for a solid waste franchise from Four Seasons of Coastal Carolina, Inc. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the franchise agreement is available in the Legal Department. RATIFICATION OF APPOINTMENTS TO THE DEPARTMENT OF AGING HOME AND COMMUNITY CARE BLOCK GRANT ADVISORY BOARD Chairman Greer reported that the Department of Aging has requested ratification of appointments to the Department of Aging Home and Community Care Block Grant Advisory Board (HCCBG). The Advisory Board reviews all grant monies that fund programs for older adults in New Hanover County and makes recommendations to the Commissioners for distribution of funds and selection of agencies to provide services. The HCCBG Advisory Board has three vacancies at this time and recommends the Commissioners ratify the appointments of Beverly Bentsen, Marian Johnson, and Betty Walters to this Board for a term of three years. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to ratify the appointments of Beverly Bentsen, Marian Johnson, and Betty Walters to three year terms on the Home and Community Care Block Grant Advisory Board. Upon vote, the MOTION CARRIED 4 to 0. BREAK: Chairman Greer called for a ten minute break. He reconvened the meeting at 3:40 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 86 PRESENTATION ON NEW HANOVER COUNTY EMERGENCY OPERATIONS CENTER /911 CENTER AND CONSIDERATION OF AUTHORIZATION TO PROCEED WITH AND FORMALLY BID THE PROJECT FOR CONSTRUCTION Chairman Greer requested Senior Project Manager Max Maxwell to make the Staff presentation. Senior Project Manager Maxwell reported that, as directed by the Board of Commissioners on September 2, 2003, Sharpe Architects started design on a combined Emergency Operations Center and 911 Center with the City of Wilmington. Senior Project Manager Maxwell introduced Rick Collins of Sharpe Architects and requested him to make the presentation. Mr. Collins reported that they have completed the design and contract documents and are ready to proceed with the bidding process. The design proposes 8,977 square feet of new construction housing the 911 call center and the emergency operations center for both the County and the City. The addition also contains a kitchen, restrooms, support spaces and a lobby area. The addition is a stand-alone facility with its own electrical service and generator. The mechanical systems all have back up units and the 911 call center is equipped with humidification control. The addition is equipped with sprinklers for fire protection. The 6,494 square feet of up-fit space will contain administrative offices for the Emergency Management and Public Safety Communications departments. New restrooms and showers will be constructed along with bunk rooms and a lounge for staff on 24-hour duty call. The office space is accessible to the 911/EOC through a connector between the existing building and the additions. The construction will be typical gypsum board partitions and acoustical tile ceilings with carpet or ceramic tile floors. Senior Project Manager Maxwell stated that staff was requesting the Board to approve authorization to proceed with the project and to formally bid the project for construction. When the bidding process is complete, staff will bring the bids back to the Board for approval and at that time have final figures on cost and the amount of the City’s portion. The projected completion date is May 2005. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to authorize staff to proceed with the project for a combined Emergency Operations/911 Center and to formally bid the project for construction. Upon vote, the MOTION CARRIED 3 TO 1. Chairman Greer, Commissioner Caster and Commissioner Pritchett voted in favor. COMMITTEE APPOINTMENTS Appointments to the Inspections Department Advisory Council Chairman Greer announced that four vacancies needed to be filled on the Inspections Department Advisory Council, 1 in the Residential Builder/WCFHBA Member Category, 1 in the Electrical Contractor Category, and 2 in the At-Large category. He reported that in the Residential Builder/WCFHBA category, current member Buck O’Shields, whose term filling an unexpired term is expiring, desires reappointment. No other applications were received in this category, and he asked for direction from the Board. Commissioner Pritchett nominated Buck O’Shields. The nomination was seconded by Commissioner Caster. Chairman Greer called for a vote on the re-appointment of Buck O’Shields. Vote: The Board voted 4 to 0 to re-appoint Buck O’Shields to his first three-year term on the Inspections Department Advisory Council in the Builder/WCFHBA category, with the term to expire July 31, 2007. Chairman Greer reported that one application had been received in the Electrical Contractor category from Clarence Harrelson, and he asked for direction from the Board. Commissioner Caster nominated Clarence Harrelson. The nomination was seconded by Commissioner Pritchett. Chairman Greer called for a vote on the appointment of Clarence Harrelson. Vote: The Board voted 4 to 0 to appoint Clarence Harrelson to a three-year term on the Inspections Department Advisory Council in the Electrical Contractor category, with the term to expire July 31, 2007. Chairman Greer reported that three applications had been received in the At-Large category, and he asked for direction from the Board. Commissioner Caster nominated David Lee Smith. The nomination was seconded by Chairman Greer. Commissioner Caster nominated Frank Oddo. The nomination was seconded by Chairman Greer. Commissioner Davis nominated Sam J. Guidry. The nomination was seconded by Commissioner Pritchett. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of David Lee Smith. Vote: The Board voted 4 to 0 to appoint David Lee Smith to serve a 3 year term on the Inspections Department Advisory Council in the At-Large category, with the term to expire July 31, 2007. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 87 Chairman Greer called for a vote on the appointment of Frank Oddo. Vote: The Board voted 2 to 2 to appoint Frank Oddo to serve a 3 year term on the Inspections Department Advisory Council in the At-Large category, with the term to expire July 31, 2007. Chairman Greer and Commissioner Caster voted in favor of the appointment. Chairman Greer called for a vote on the appointment of Sam J. Guidry. Vote: The Board voted 2 to 2 to appoint Sam J. Guidry to serve a 3 year term on the Inspections Department Advisory Council in the At-Large category, with the term to expire July 31, 2007. Commissioner Davis and Commissioner Pritchett voted in favor of the appointment. Due to the tie votes, Chairman Greer directed the Clerk to the Board to place the two Inspections Department Advisory Council At-Large category vacancies on the August 2, 2004 meeting agenda. Appointments to the Nursing Home Community Advisory Committee Chairman Greer announced that one vacancy needed to be filled on the Nursing Home Community Advisory Committee. He reported that William K. Doran, whose initial one-year term was expiring, desired reappointment to a three-year term, and he asked for a motion from the Board. Commissioner Pritchett nominated William K. Doran. The nomination was seconded by Commissioner Caster. Chairman Greer called for a vote on the re-appointment of William K. Doran. Vote: The Board voted 4 to 0 to reappoint William Y. Doran to a three-year term on the Nursing Home Community Advisory Committee, with the term to expire July 31, 2007. Appointments to the Planning Board Chairman Greer announced that two vacancies needed to be filled on the Planning Board. He requested nominations from the Board. Commissioner Pritchett nominated Sue Y. Hayes. The nomination was seconded by Commissioner Davis. Commissioner Caster nominated Livian Lawrence Jones. The nomination was seconded by Chairman Greer. Commissioner Caster nominated Sandra L. Spiers. The nomination was seconded by Chairman Greer. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Sue Y. Hayes. Vote: The Board voted 2 to 2 to appoint Sue Y. Hayes to serve a 3 year term on the Planning Board with the term to expire July 31, 2007. Commissioner Pritchett and Commissioner Davis voted in favor of the nomination. Chairman Greer called for a vote on the appointment of Livian Lawrence Jones. Vote: The Board voted 2 to 2 to appoint Livian Lawrence Jones to serve a 3 year term on the Planning Board with the term to expire July 31, 2007. Chairman Greer and Commissioner Caster voted in favor of the nomination. Chairman Greer called for a vote on the appointment of Sandra L. Spiers. Vote: The Board voted 3 to 1 to appoint Sandra L. Spiers to serve a 3 year term on the Planning Board with the term to expire July 31, 2007. Chairman Greer, Commissioner Caster and Commissioner Pritchett voted in favor of the nomination. Due to the tie votes, Chairman Greer directed the Clerk to the Board to place the Planning Board vacancy on the August 2, 2004 meeting agenda. APPOINTMENT OF A VOTING DELEGATE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS (NCACC) CONFERENCE Chairman Greer reported that the Commissioners have been requested by the North Carolina Association of County Commissioners to select a voting delegate to represent the County in the business session at their Annual Conference to be held on August 21, 2004 and asked for direction from the Board. Motion : Commissioner Caster MOVED, SECONDED by Chairman Greer to appoint Commissioner Pritchett as the voting delegate for the NCACC conference to be held on August 21, 2004. Upon vote, the MOTION CARRIED 4 to 0. CONSIDERATION OF AMENDMENT TO THE DISTRICT WATER AND SEWER FEE SCHEDULE OF THE COUNTY CODE OF ORDINANCES Finance Director Bruce Shell reported that the District Water and Sewer budget for FY04-05 was approved by the County Commissioners at the Regular Meeting of the Water and Sewer District on June 21, 2004. The budget included an increase in water rates of 5%, an administrative fee increase from $25 to $35, and an increase on collection of late payments. These changes are projected to increase revenues by $247,000. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 88 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to approve the ordinance changes to reflect the Water and Sewer Fee Schedule effective July 1, 2004, as approved in the FY 2004-2005 Budget on June 21, 2004. Upon vote, the MOTION CARRIED 4 to 0. A copy of the amended ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 1.6. The amendment will be codified into the New Hanover County Code of Ordinance. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 4:00 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 4:15 p.m. ADDITIONAL ITEMS Additional Items from Commissioner Caster Commissioner Caster stated that he has enjoyed attending several events including the Port City Diesel Football Game, the Ham Operator Event at Ogden, and the Children’s Museum Kick-off Fund Raising Event. Commissioner Caster reported that he toured the Middle Sound Project with County Engineer Thompson and Deputy County Engineer Craig and that it is a very complicated and messy project. There is a lot of digging and moving of dirt and heavy equipment and the project doesn’t need any more delays and just needs to get done. Commissioner Caster reported that he attended the TDA Executive Committee meeting and will attend their Board meeting at the end of the month. Commissioner Caster reported that he attended the Lower Cape Fear Water & Sewer Authority meeting where McKim & Creed presented the Extension of Raw Water Services Feasibility Report. He will be providing a copy of the report to each commissioner. Commissioner Caster requested Assistant County Manager Weaver to write a letter on behalf of the Board to the County’s congressmen and senators concerning the lack of funding for beach re-nourishment federal projects. Chairman Greer also asked that the letter include the importance of funding to keep the waterways and inlets dredged. Commissioner Caster reported that with the scheduled completion in September of the projects funded by the Clean Water Trust Fund Grant, the purpose of the Tidal Creek Advisory Board will come to an end. He reported that the Tidal Creek Advisory Board is looking at ways to continue working by applying for additional grant money from the Clean Water Trust Fund on a case by case project basis. They are also looking at the possibility of working with Park Director Neal Lewis and the Parks & Recreation Department Advisory Board as they start a project to look for useable open space for parks and also look for useable space for water quality projects. The Tidal Creek Advisory Board is also looking at water quality issues in relation to the Cape Fear River which will most likely cause a change in the advisory board’s name and philosophy. Additional Items from Commissioner Pritchett Commissioner Pritchett commented on behalf of New Hanover County that it was an honor to host Governor and Mrs. Easley and the Council of State members last week for the dinner at Airlie Gardens and the Council of State meeting in the Courthouse Assembly Room. Commissioner Pritchett commented that it was her pleasure to attend the first meeting of the newly formed WAVE Transportation Authority and she was impressed with the smooth merger of the City’s and County’s Transportation Departments. Additional Item from Commissioner Davis Commissioner Davis reminded the Board that at Thursday’s staff meeting he had mentioned the possibility existed within the next year or two that the public defender’s office would be relocated to New Hanover County. If the relocation takes place the County will be required to provide the office space. Commissioner Davis cautioned that with the Courthouse addition and County Administration building being fully utilized other alternatives will need to be considered so as not to spend additional tax dollar monies. 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. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to G.S. 143-318.11(a)(3) to consult with the County Attorney about potential litigation. He asked for a motion from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to enter into a Closed Session pursuant to G.S. 143-318.11(a)(3). Upon vote the MOTION CARRIED by a 4-0 vote. Chairman Greer convened to Closed Session at 4:25 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, JULY 12, 2004 PAGE 89 CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 5:45 p.m. He reported that no action was taken in the Closed Session. ADJOURNMENT There being no further business, Chairman Greer called for a motion to adjourn. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 to 0. Chairman Greer adjourned the meeting at 5:50 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board