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HomeMy WebLinkAbout2004-09-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 126 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 7, 2004, at 5:30 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; 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, Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Margaret Hockett, Associate Pastor of Wesley Memorial United Methodist Church gave the invocation. Ms. Barbara Landen Johnson, Regent of the Stamp Defiance Chapter, North Carolina Society Daughters of the American Revolution, 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 removal of Consent Agenda Items 2, 4, and 5 for further discussion. Chairman Greer requested removal of Consent Agenda Item 9 for further discussion. Discussion of Consent Agenda Item 2 – Approval of Letter of Support for the Corps of Engineers Commissioner Caster emphasized the importance of the Corps of Engineers’ continued operations and maintenance of the locks and dams on the Cape Fear River until a feasibility study is performed to examine if these locks and dams are serving their authorized purpose and if modifications are necessary and economically justified. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to authorize Staff to prepare a letter for Chairman Greer’s signature on behalf of the Board to our Congressional delegation in support of continued federal operations and maintenance of the Cape Fear locks and dams and the proposed feasibility study. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Consent Agenda Item 4 – Eat Smart Move More Community Grants Program Commissioner Caster emphasized the importance of keeping yourself healthy with the rising costs of medical care. Discussion of Consent Agenda Item 5 – Risk Watch Program Commissioner Caster requested Staff to provide the Board with data on unintentional injury in New Hanover County, which is the leading cause of death in children ages 1-14. Commissioner Pritchett commented that if awarded, the grant would allow the program to be expanded in three additional New Hanover County schools and thanked the North Carolina Jaycee Burn Center, Winter Park Optimist Club, and Myrtle Grove Volunteer Fire Department for additional funding. Discussion of Consent Agenda Item 9 – Health Department Accreditation Chairman Greer questioned if the request to the State for additional funding in the amount of $50,000 for local Health Department accreditation, almost $5 million statewide, could be better spent on other items such as immunizations. The State is in the process of forming a committee to analyze the data from the six pilot programs, the necessity of statewide accreditation, and the process that would need to be implemented for accreditation, if deemed necessary. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to deny the resolution to promote health department accreditation in North Carolina. After further discussion Commissioner Caster WITHDREW his motion. Substitute Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett to table Consent Agenda Item 9 for additional information from Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. After hearing no further comments, Chairman Greer called for approval of the consent agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to approve the items on the Consent Agenda as presented with the removal of Items #2 and #9. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 127 Emergency Meeting, August 13 – 14, 2004 Regular Meeting, August 16, 2004 Closed Session Meeting, August 16, 2004 Approval of Education Coordinator Position for the Juvenile Day Treatment Center and Associated Budget Amendment #05-0034 The Commissioners approved the Education Coordinator position for the Juvenile Day Treatment Center and the associated budget amendment #05-0034 in order to be in compliance with the No Child Left Behind federal guidelines regarding teacher certifications for the middle and high school levels of the program and special education requirements that are part of an Education Coordinator position. The primary purpose of the position is to coordinate with the schools to ensure compatibility of the Juvenile Center education program with school standards and to create and maintain required administrative records and supervision of all teaching personnel. Budget Amendment #05-0034 – Juvenile Services AdjustmentDebitCredit Juvenile Day Reporting Center/ New Hanover County Schools:$31,800 Salaries and Wages$15,800 Contracted Services$1,805 M&R - Buildings and Grounds$2,000 Printing Charges$1,000 Departmental Supplies$5,000 Books and Periodicals$3,500 Training and Travel$1,000 M&R - Auto & Trucks$1,695 Explanation: This position is covered through an additional allocation the Day Treatment receives from NHCS and salaries generated by some positions being vacant for part of the year. The cost of the position for FY 04-05 will be $47,972. If the school system discontinues the position then the position will be eliminated. Authorization for the Health Department to Submit a Grant Application to the Eat Smart Move More, North Carolina Community Grants Program The Commissioners authorized the Health Department to submit a grant application to the Eat Smart Move More, North Carolina Community Grants Program in the amount of $20,000. If the grant is awarded the funds will be used for the purchase of program supplies and educational materials. The program will become self-sustaining after one year, as student tuition fees will cover associated expenses. Authorization for the Health Department to Submit a Grant Application to the Risk Watch Program, Office of the State Fire Marshal, NC Department of Insurance The Commissioners authorized the Health Department to submit a grant application to the Office of the State Fire Marshal, NC Department of Insurance in the amount of $25,000. If the grant is awarded the funds will be used to expand the Risk Watch Program in three more New Hanover County schools for the 2004-2005 school year. No local match is required. Acceptance of Additional Funding from the Office of the State Fire Marshall, NC Department of Insurance and Approval of Associated Budget Amendment #05-0036 The Commissioners accepted additional funding in the amount of $2,500 from the Office of the State Fire Marshall, NC Department of Insurance and approved the associated budget amendment #05-0036. The money will be used to provide Life and Fire Safety Education through the Risk Watch Program, through purchasing workbooks for teachers and students in four local elementary schools. No local match is required. Budget Amendment #: 05-0036 - Health AdjustmentDebitCredit Safe Communities: Safe Kids Coalition$2,500 Departmental Supplies$2,500 Explanation: To budget additional funds received from the Office of the State Fire Marshal, NC Department of Insurance for FY 05 to be used to support existing Life and Fire Safety Education through the Risk Watch Program. Approval of Rollover of Unexpended Bio-terrorism Grant Funds from FY 03-04 to FY 04-05 and Related Budget Amendment #05-0037 The Commissioners approved rollover funds in the amount of $43,529 from unexpended Bio-terrorism funds from FY 03-04 to FY 04-05 and approved the associated budget amendment #05-0037. The money will be used to support local bio-terrorism efforts as coordinated by the health department. Included in these funds are the salary/benefits for the health planner for the first quarter of fiscal year 04-05, as well as other operating and capital funds to support these efforts. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 128 Budget Amendment #05-0037 – Health AdjustmentDebitCredit Administration: Bio-terrorism Preparedness$3,087 Bio-terrorism Smallpox$40,442 Salaries and Wages$15,200 Contracted Services$5,337 Printing Charges$1,680 Departmental Supplies$9,800 Training and Travel$6,400 Capital Outlay - Equipment$5,112 Explanation: Rollover of FY 03-04 unexpended bio-terrorism state grant funds to FY 04-05. Acceptance of Aid-to-County Funding from the NC Division of Public Health and Related Budget Amendment #05-0038 The Commissioners accepted Aid-to-County Funding from the NC Division of Public Health, Administrative, Local and Community Support Section, Local Technical Assistance and Training Branch in the amount of $8,333 and approved the associated budget amendment #05-0038. The money will be used to support quality assurance activities within the health department. These funds are to be used to support such items as the quality improvement structure and process, develop and ensure compliance with the agency's quality improvement plan, develop critical incident reporting and management plans and to assist with the accreditation process. Budget Amendment # 05-0038 - Health AdjustmentDebitCredit Safe Communities: Administration - State Grant$8,333 Contracted Services$8,333 Explanation: To budget additional Aid-to-County funds received for FY 04-05 from the state to support quality assurance activities associated with accreditation efforts. Approval of Budget Amendment #05-0026 – Airlie Gardens The Commissioners approved the following budget amendment: Budget Amendment - #05-0026 – Airlie Gardens AdjustmentDebitCredit Airlie Gardens: Airlie Gardens Foundation$37,420 Operating Transfers In $5,750 (from Capital Projects) Salaries and Wages$33,645 Social Security Taxes$2,544 Retirement - Local Government Employee$1,645 Medical Insurance Expense$5,241 LT Disability Insurance$95 Explanation: To budget the balance of the Clean Water grant funding for the environmental education position and to budget a contribution from the Airlie Foundation for funding the position for FY 04-05. Approval of Budget Amendment #05-0027 – Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0027 – Social Services AdjustmentDebitCredit DSS/Administration: DSS Administration Grants$11,212 DSS/Energy Assistance: Assistance Payments$11,212 Explanation: Received additional federal funds to support the Energy Assistance Program. No additional County dollars are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 129 Approval of Budget Amendment #05-0028 – Various The Commissioners approved the following budget amendment: Budget Amendment #05-0028 – Various Adjustment DebitCredit Environmental Management: Urban Forestry Grant$1,046 Supplies$1,046 Waste Reduction Grant$25,000 Capital Outlay$25,000 Planning: CAMA Grant$19,504 Temporary Salaries$5,420 Contracted Services$8,300 Supplies$1,820 Postage$500 Printing$3,464 Parks: NC Div of Forest Resources Grant$12,000 Other Revenue$9,400 Contracted Services$16,000 Printing$4,000 Supplies and Materials$1,400 Health-Navigator: Partnership for Children Grant$5,320 Salaries and Wages$10,886 Supplies$4,989 Commissioners: Appropriated Fund Balance$577 Cooperative Extension: Pesticide Recycling Grant$7,635 Cooperative Extension-Extended Project Expense$7,635 Health-Project Stop: March of Dimes Grant$320 Salaries and Wages$7,849 Social Security Tax$162 Retirement$506 Medical Insurance$495 Disability Insurance$5 Postage $280 Printing$1,174 Supplies$3,800 Employee Reimbursements$159 Training and Travel$1,600 Museum: Grassroots Science Grant$289,122 Administrative Reserve$290,618 Commissioners: Appropriated Fund Balance$1,496 Human Services Transportation: Other Revenue-Cont. from City$9,923 Capital Outlay$9,923 Explanation: To rollover unexpended grant fund from FY 03-04 to FY 04-05. Approval of Budget Amendment #05-0035 – County Commissioners/Emergency Management The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 130 Budget Amendment #05-0035 – County Commissioners/Emergency Management AdjustmentDebitCredit General Fund: County Commissioners Appropriated Fund Balance$800,000 Emergency Management: Hurricane Charley Contracted Services$800,000 Explanation: To budget Fund Balance for expenses related to Hurricane Charley. If FEMA funds become available they will be budgeted instead of Fund Balance. This is a preliminary estimate of the cost. The County Commissioners will be informed and the budget adjusted when more precise information becomes available. REGULAR ITEMS OF BUSINESS CONSIDERATION OF PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17-23, 2004, AS CONSTITUTION WEEK IN NEW HANOVER COUNTY Chairman Greer reported thatMs. Barbara Landen Johnson, Regent of the Stamp Defiance Chapter on behalf of the North Carolina Society Daughters of the American Revolution has requested that the Board consider adopting a Proclamation declaring September 17-23, 2004, as Constitution Week in New Hanover County. The Proclamation marks the two hundred seventeenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. Chairman Greer read the proclamation into the record. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman to adopt the proclamation declaring September 17-23, 2004, as Constitution Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in the Exhibit Book, XXIX, Page 5.1. CONSIDERATION OF PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2004, AS CHILD SUPPORT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Ms. Bunny DeBose, Program Manager at Dyntek has requested that the Board consider adopting a Proclamation declaring September 2004, as Child Support Awareness Month in New Hanover County. The Proclamation urges citizens to support the observance in recognition of judges, district attorneys, clerks of court, Sheriffs' personnel and child support enforcement professionals who work to establish and enforce child support for North Carolina's children. Commissioner Pritchett read the proclamation into the record. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman to adopt the proclamation declaring September 2004, as Child Support Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in the Exhibit Book, XXIX, Page 5.2. CONSIDERATION OF PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2004, AS LIBRARY CARD SIGN-UP MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the New Hanover County Public Library has requested the Board to proclaim the month of September 2004, as Library Card Sign-Up Month in New Hanover County. This is part of a national effort by the Public Library Association to increase awareness of the importance of public libraries. Vice-Chairman Boseman read the proclamation into the record. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to adopt the Proclamation declaring the month of September 2004, as Library Card Sign-up Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in the Exhibit Book, XXIX, Page 5.3. CONSIDERATION OF PROCLAMATION DECLARING SEPTEMBER 14, 2004, AS POW/MIA DAY IN NEW HANOVER COUNTY Chairman Greer reported that Harold Davis on behalf of American Legion Post #10 has requested that the Board proclaim September 14, 2004, as POW/MIA Day. A ceremony will be held at the New Hanover County War Memorial at Hugh MacRae Park on September 14, 2004 at 3:00 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 131 Commissioner Caster read the proclamation into the record. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to adopt the Proclamation declaring September 14, 2004, as POW/MIA Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in the Exhibit Book, XXIX, Page 5.4. PUBLIC HEARING TO CONSIDER USE OF FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT FOR FISCAL YEAR 2004 Sheriff Sidney Causey reported that the Sheriff’s Department has been awarded the Local Law Enforcement Block Grant (LLEBG) for FY 2004 from the U.S. Department of Justice, Bureau of Justice Assistance (BJA) in the amount of $38,168. The grant requires that a public hearing be held for discussion on the use of the funds. A local match of $4,241 is required which will be funded from Federal Forfeited Property funds. Of the grant amount, $24,518 will be used to assist with the second year of funding for an Assistant District Attorney position dedicated to drug prosecutions. On August 4, 2003, New Hanover County and the City of Wilmington agreed to share the cost of this position for a period of two years; the remaining funds will be used to purchase law enforcement equipment for Sheriff’s Office deputies. Staff recommends that at the close of the public hearing the Board accept the grant, authorize the County Manager to sign the grant and approve the associated budget amendment. Chairman Greer opened the Public Hearing and he asked if anyone from the audience wished to speak on the request. Hearing no comments, Chairman Greer closed the public hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to accept the Local Law Enforcement Block Grant in the amount of $38,168, authorize the County Manager to sign the grant documents and approve the associated budget amendment when the grant is awarded. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REQUEST BY BRIAN AND PAMELA DONNALLEY FOR A SPECIAL USE PERMIT TO OPERATE AN INDOOR/OUTDOOR RECREATION ESTABLISHMENT IN AN R-20 RESIDENTIAL DISTRICT LOCATED AT 7325 DARDEN ROAD (S-521, 07/04) Chairman Greer opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. 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: Baird StewartSheldon Utz Pam DonnalleyLiza Hickingbottom Brian DonnalleyKim Watters Cindee WolfGloria Adams William AaronWilliam Wood John MoranDave Carter Bob HazeltonTina Ray Rodney MorganBryce MacDonald Jared MorganDavid Shuster Brian EstesErik Nadeau Jim AlfordCarin Evans Gretchen EstesJohn Capps David LorenzGrady Richardson Anne HindsJames Spangler Beth TurnageScott Stewart Gergory TurnageMichael Saieed Vice-Chairman Boseman requested that the Board recuse her from voting on this matter stating that she owns property in the area of the proposed project. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to recuse Vice-Chairman Boseman from voting on the request for a Special Use Permit from Brian and Pamela Donnalley because she owns property in the area of the proposed project. Upon vote, the MOTION CARRIED 4 TO 0. 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 Senior Planner Stewart to make the Staff presentation. Senior Planner Stewart reported that the applicants, Brian and Pamela Donnalley requested the Planning Board to consider a Special Use Permit to operate an Indoor/Outdoor Recreation Establishment in an R-20 Residential Zoning District located at 7325 Darden Road on the west side of Middle Sound Loop Road and Wendover Lane. The Planning Board recommended approval by a 5-0 vote with the following conditions: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 132 1. Eighty percent (80%) of the perimeter shall have a 60' wooded buffer with a slatted fence around the interior of the buffer 2. The storm water pond should be moved into the site to accommodate additional buffering in the north western corner of the site 3. The hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. 4. Swim meets at the pool shall be limited to intra-club competition or a maximum of two teams (the home team and one visiting team) 5. There should be no public address system use 6. Lighting should be directed inward and downward to avoid negative effect on neighbors 7. There shall be no sale of alcohol 8. Site disturbance shall be confined to the minimum area needed to construct the facility 9. All areas outside the limits of disturbance shall be retained as undisturbed buffer area Senior Planner Stewart 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 is served by private water and County Sewer. C.Access to the site is from Darden Road, which is a Public Right of Way. D.The Subject property is in the Pages Creek Drainage area. E.Proximity to the SA waters may affect the storm water management for the project. F. According to the “Soil Survey of New Hanover County, North Carolina,” the soils onsite are a combination of Leon Sand and Murville fine sand, which are both class III soils with the seasonal high water table at or near the surface. 2.The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A.The site is located in an R-20 Residential Zoning District. Indoor/Outdoor recreation facilities are permitted by special use permit in the R-20 Residential Zoning District. B.A site plan which meets the requirements of the ordinance has been submitted. C. Adequate landscaping and buffering can be accommodated to protect adjoining residential uses from lights and noise. 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 site is heavily wooded with dense new and old growth trees. B.There are existing homes on Wendover Lane and on other nearby properties to the east and west. C.No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. D. The proposed Indoor/Outdoor Recreation Facility will provide residents of Middle Sound, Wendover North and surrounding neighborhoods recreational opportunities that are not otherwise available nearby. 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. Commercial uses are allowed provided important resources are not adversely impacted. B.Policies in The Comprehensive Plan support locating commercial and recreational uses in close proximity to the markets they serve. Senior Planner Stewart reported that: 1) Site disturbance shall be confined to the minimum area needed to construct the facility. Storm water management may limit the size of the facility; 2) All areas outside the limits of disturbance shall be retained as undisturbed buffer area; 3) The pond should be moved into the site to accommodate additional buffer and tree retention in the northwestern corner; and 4) Buffering shall be supplemented as necessary in the setbacks in accordance with section 67. Chairman Greer asked Senior Planner Stewart if the request was consistent with the Land Use Plan. Senior Planner Stewart responded that the request was consistent with the Land Use Plan because the County encourages recreational facilities in residential districts to serve the needs of the community. Commissioner Davis asked Senior Planner Stewart if this request was similar to the request submitted by Grady Richardson on behalf of Inland Harbour Properties. Senior Planner Baird responded that this request has more outside recreation area including tennis courts but does not propose daycare facilities. The location of this project is closer to Market Street and is not located interior to the Middle Sound area. The recommended restrictions from the Planning Board are very similar to the restrictions on the previous request. Chairman Greer asked if the applicant would like to speak on behalf of the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 133 Brian and Pam Donnalley, applicants and residents of the Middle Sound area, spoke on the need for recreational facilities in their unique location in the County. Community projects need to be the right project at the right time. Previous projects have been the wrong project, in the wrong place, at the wrong time. This is the right project at the right time entering into the record petitions in favor of the Woodland’s Pool and Swim Club. This project provides green space and recreational facilities without cost to the County. Other information presented in support of the request include: •Traffic - this project is not located on Middle Sound Loop Road but will have an entrance off Darden Road with access from multiple streets keeping traffic burden to a minimum with expected membership from residents already living in the Middle Sound area. The busiest swim season will be when school is not in session. •Parking - the project design contains 35% more parking than is required and should additional parking be needed, owners of existing facilities have agreed to allow parking on their sites. • Noise – the project design allows for maximum natural buffering with an interior slatted privacy fence; there will be no PA system installed and use of a bullhorn will be prohibited. •Lighting - the project design calls for capped lighting and downward directional lighting. • Neighborhoods and Natural Resources – the project design is sensitive to environmental needs and compliments the surrounding neighborhoods and natural resources. The project design allows for a 60’ natural buffer setback that goes beyond the required 25’setback. In addressing neighbors concerns, the retention pond was relocated on the property. Brian and Pam Donnalley will be the owners and operators of the proposed project along with the Donnalley Family. Commissioner Davis asked Ms. Donnalley if the pool and swim club membership will be limited to only the Middle Sound area residents. Ms. Donnalley replied that membership would be open to residents of the County as a whole. Cindee Wolf, of Design Solutions complimented the Donnalley’s on the design plan that is internally oriented and minimizes the impact to the adjacent property owners. The proposed project is consistent with the Land Use Plan and will provide recreational services without forcing more traffic on Market Street. This is not a change in zoning but an acceptable use in the Table of Permitted Uses by Special Use Permit and the Findings of Facts have been met. The proposed project is not located on a Middle Sound Loop cul-de-sac. William Hank Aaron, a Middle Sound resident stated that his property is adjacent to the proposed project and is in favor of the request. He referred to a letter written by his neighbor, Coy Moore, to speak on his behalf stating that neighbors have met with the Donnalley’s and addressed their concerns of no sale of alcohol, increased buffer areas, relocation of the retention pond, adjustments in lighting, and the limit of one swim meet per year. He does not feel this will be detrimental to the value of his property. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Lisa Hickingbottom, an Emerald Forest resident entered into the record petitions of residents of the Middle Sound area who are opposed to the special use permit. Kim Watters stated that she owns property 30 feet from the site and feels that the proposed recreational facility will adversely affect her property value. The proposed facility is 1.1 mile from the previous request by Inland Harbour Properties. Gloria Adams stated that she lives directly behind the proposed recreational facility and feels that as senior citizens their quality of life will be compromised and the character of the neighborhood will be changed. William E. Wood stated that he lives across the street from the proposed recreational facility and due to safety concerns of increased traffic and noise he is opposed to the facility. Dave Carter, a resident of Wendover North stated that he is opposed to the commercialization of the area due to the increase in traffic and safety issues, property values being compromised, and although alcohol will not be sold on the site, members will be allowed to bring their own. Tina Ray, a resident of the Middle Sound Loop community entered into the record the sign-in sheets of those in attendance opposed to the special use permit. Bryce MacDonald stated that he is a new resident of the Middle Sound Loop area. He has eight children, and when house hunting their priority was a safe and quiet neighborhood without commercial encroachments. When doing a comparison of the Inland Harbour Properties project and the proposed facility he discovered that they were substantially identical facilities. With over 100 accidents documented in the past six years safety is a primary concern for his family. With the addition of a sixty-four unit managed care facility, construction of a rotary, renovation of Ogden Elementary School, road-widening project, and new residential construction safety concerns will increase. If the rotary is the solution then no new projects should be approved until the construction is complete and a study is conducted on the traffic flow. David Shuster stated that he is a new resident of the Middle Sound Loop area and is concerned that the proposed recreational facility will change the quiet, rural, residential atmosphere that currently exists. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 134 Erik Nadeau stated that he is a two-year resident of the Middle Sound Loop area and is concerned that the proposed recreational facility will change the residential environment that currently exists. He stated that he chose the area knowing that amenities were not available and is concerned about the increase in traffic and safety with the proposed facility open to membership countywide. Carin Evans requested the Board not to set the precedent of granting a Special Use Permit in the Middle Sound Loop area. John Capps a resident of Wendover subdivision stated that he is opposed to the proposed recreational facilities due to concerns of increased traffic. Membership will need to be drawn from the county as a whole because membership fees will be more than people in the area will be able to afford. Grady Richardson, attorney representing Scott Stewart and Inland Harbour Properties LLC, entered into the record affidavits from James A. Spangler and Lawrence B. Cahoon, PhD. The affidavits establish that the property in question is within one-half mile of Pages Creek subjecting it to storm water regulations and the SA watershed. The affidavits state that the Donnalleys’ Woodlands’ proposal cannot use wet detention basins and storm water retention ponds on the property. An infiltration basin is not permitted by the soils at the site because inadequate spacing between the seasonal high water table and base of the basin exists. Mr. Richardson stated that he believes there are inconsequential differences in the proposed recreational facilities before the Board and the Inland Harbour Properties proposal submitted on August 2, 2004. The Inland Harbour Properties LLC proposal had less impervious surface coverage, and was willing to restrict all swim meets, and had proposed a daycare facility. Chairman Greer asked the petitioners for rebuttal comments. Mr. Donnalley reported having 729 signatures from local residents who desire the recreational facilities. There are over 3300 residents in the Middle Sound Loop area and the anticipation is that the membership will be made up of local residents. Presently families have to travel off the loop to seek recreation pools and parks. The opposition is basing their decisions on inaccurate information and past requests. The proposed recreational facility would be on six acres where the previous proposal was on two acres; the current proposal allows for green space and buffer areas. According to professional appraisers property values would increase. In closing, Mr. Donnalley stated that due to the growth in the area local residents would be able to support the recreational facility. Ms. Donnalley relayed having spoken with David Thomas, Operating Engineer for NCDOT who stated that the preliminary design is complete to add two feet to Middle Sound Loop Road plus the roundabout; the project is in the process of receiving bids for March 2005. This will help traffic problems. Chairman Greer asked the opposition for rebuttal comments. Mr. MacDonald stated that he was troubled that alcohol will be permitted at the proposed facility. Safety was a primary issue with 10,000 cars passing Ogden Elementary School every day and there are no sidewalks or road shoulder. A traffic study is needed once the rotary is completed and the proposed project can be revisited at that time. The Board rejected a similar proposed project at their August meeting. Mr. Richardson stated that based on the affidavits from Dr. Calhoun and Mr. Spangler the proposal as submitted cannot be built on the property. There are no bike lanes on Darden Road leading to and from the proposed facilities making it pedestrian friendly as the Donnalley’s claim, but there are bike lanes leading to the Demarest Village proposed facilities. The proposed facilities include a sixty-foot buffer while the Demarest Village project included a ninety-foot buffer. There are no renderings or architectural drawings and maps for the proposed facilities as there were for the Demarest Village project. Mr. Donnalley signed the petition against the Demarest Village project. Mr. Shuster stated that with over one thousand names on the petition opposing the proposed project it is obvious that the community is deeply divided over the issue and to impose such a controversial change needs more thought. Chairman Greer closed the public hearing and requested direction from the Board. Commissioner Caster asked Senior Planner Stewart if staff was aware of the two affidavits by Mr. Spangler and Dr. Cahoon. Senior Planner Stewart responded that they were not. Commissioner Caster asked Senior Planner Stewart whether the proposed plan would need to be changed if the affidavits were found to be correct. Senior Planner Stewart responded that in the Findings of Facts the proximity to the SA waters might affect the storm water management for the project. If it was found that the current proposal had to be substantially changed it would have to come back before the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 135 Commissioner Pritchett commented that based on personal experience, if the neighborhood is built with a pool in the beginning it is easily accepted; but if you move into a neighborhood that is established and then try to add a pool, it is much harder to accept. Commissioner Caster stated that he did not feel there were significant differences between the proposed project and the project submitted by Inland Harbour Properties that the Board denied at their August 2, 2004 meeting. As with the Inland Harbour Properties, the proposed project will not be in harmony with the area in which it is to be located. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to deny the request for a Special Use Permit by Brian and Pamela Donnalley to operate an Indoor/Outdoor Recreation Establishment in an R-20 Residential Zoning District located at 7325 Darden Road based upon the evidence showing that the use would not be in harmony with the area in which it was to be located. Upon vote, the MOTION CARRIED 4 to 0. A copy of the Order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 28. Copies of the exhibits presented by the petitioners and opponents are on file in the Planning Department. BREAK : Chairman Greer called for a break at 7:10 p.m. PUBLIC HEARING TO CONSIDER REQUEST BY DENISE LEE TO REZONE APPROXIMATELY 1.47 ACRES OF PROPERTY LOCATED AT 8263 MARKET STREET FROM B-1 NEIGHBORHOOD BUSINESS TO B-2 HIGHWAY BUSINESS (Z-780, 08/04) Chairman Greer opened the Public Hearing and requested Senior Planner Baird Stewart to make the presentation. Senior Planner Stewart reported that the petitioner, Denise Lee, is requesting to rezone approximately 1.47 acres of property located at 8263 Market Street behind the Porters Neck Shopping Center from B-1 Neighborhood Business to B-2 Highway Business. The petitioner is requesting a B-2 Highway Business Rezoning. The subject site is adjacent to and behind the Porters Neck Shopping Center which is zoned both (B-1) Neighborhood Business and (B-2) Highway Business. The remaining parcels surrounding the subject property that are not part of the shopping center are zoned R-15 Residential. One of these adjacent parcels is used for a storm water management pond that serves at least part of the shopping center. Access to the site is proposed through the private access road on the shopping center property. The primary access point on Market Street across from Porters Neck Road has a traffic signal allowing for safe traffic movement in and out of the property. This area is just south of the I-140 interchange. Some improvements to this intersection, which are associated with the I-140 interchange, have already been made. The Planning Board recommended approval by a 4-0 vote. The proposal is consistent with the Land Use Plan and Staff recommends approval. Chairman Greer asked if anyone from the public wished to speak in favor of the request. Denise Miller Lee, the petitioner, spoke in support of the request that will allow zoning to be consistent. The area is no longer a transitional area or a residential area with many of the parcels already zoned B-2. Adjacent property owners are in favor of the rezoning. At the current time a wholesale nursery/ tree mover is renting the property and there are no future plans for development. Chairman Greer asked if anyone from the public wished to speak in opposition of the request. Dean Scarafoni, owner of Porters Neck Center, Inc., spoke in opposition to the request stating that it is not consistent with the Land Use Plan since the property is not located with frontage on a highway and that access will be through a service road in the shopping center. B-1 zoning is appropriate zoning. L. Harrison Berrier, Property Manager of Cypress Pond @ Porters Neck apartment homes spoke in opposition to the request stating that 270+ apartment homes are currently under construction and the B-2 zoning would not be in keeping with the residential zoning of the apartment homes. There being no further comments, Chairman Greer closed the public hearing and asked for direction from the Board. Commissioner Pritchett informed the Board that she is acquainted with Ms. Lee but did not feel that the relationship would recuse her from voting on the proposal. Motion: Vice-Chairman Boseman MOVED, SECONDED by Chairman Greer to approve the request by Denise Lee to rezone approximately 1.47 acres of property located at 8263 Market Street behind the Porters Neck Shopping Center from B-1 Neighborhood Business to B-2 Highway Business. Substitute Motion : Commissioner Pritchett MOVED that the item be tabled to allow staff the opportunity to work with the Petitioner and bring back an alternative recommendation to the Board. The Substitute motion did not receive a SECOND. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 136 Chairman Greer called for a vote on the motion. Vote: The MOTION FAILED 2 to 3. Commissioner Caster, Commissioner Pritchett, and Commissioner Davis voted in opposition. PUBLIC HEARING TO CONSIDER REQUEST BY DESIGN SOLUTIONS FOR ARNOLD HENEGAR TO REZONE APPROXIMATELY 1.12 ACRES OF PROPERTY LOCATED AT 6813 GORDON ROAD FROM R-15 TO B-2 (Z-782, 08/04) Chairman Greer opened the Public Hearing and requested Senior Planner Baird Stewart to make the presentation. Senior Planner Stewart reported thatCindee Wolf of Design Solutions, representing Arnold Henegar, is requesting to rezone approximately 1.12 acres of property located at 6813 Gordon Road from R-15 Residential to B-2 Highway Business. The subject property is approximately 1.12 acres and is located on the north side of Gordon Road, less than five hundred feet from Market Street. The area is classified as Developed by the Comprehensive Plan and is within the Urban Growth Boundary. All of the surrounding properties are zoned commercial. In 1995 two parcels were rezoned and staff recommended rezoning the subject parcel. Based on the consistency with the surrounding land use, zoning and the land classification Staff recommends approval. The Planning Board recommended approval by a vote of 4-0. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolf of Design Solutions, representing the petitioner spoke in favor of the rezoning stating that this would provide consistency with the surrounding zoning. There being no further comments, Chairman Greer closed the public hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to approve the request by Cindee Wolf of Design Solutions, representing Arnold Henegar, to rezone approximately 1.12 acres of property located at 6813 Gordon Road from R-15 Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 6, Page 77. PUBLIC HEARING TO CONSIDER REQUEST BY DESIGN SOLUTIONS FOR HAYWOOD WATTERS TO REZONE APPROXIMATELY 7.78 ACRES OF PROPERTY LOCATED AT 5807 MURRAYVILLE ROAD (Z- 784, 08/04) Chairman Greer opened the Public Hearing and requested Senior Planner Baird Stewart to make the presentation. Senior Planner Baird reported thatCindee Wolf of Design Solutions, representingHaywood Watters was requesting to rezone approximately 7.78 acres of property located at 5807 Murrayville Road on the north side between North College Road and I-40 from R-15 Residential to R-10 Residential. The subject property is bounded on two sides by the Port O’Pines Estates mobile park which was approved in the early 1970’s for more that 100 units. The R-10 District across Murrayville Road from the subject property was established in 1980 and was developed as the Bent Tree Subdivision. The applicant is requesting a rezoning from R-15 Residential to R-10 Residential which would yield approximately six additional units. The property is located in the Urban Transition Land Classification and is within the Urban Growth Boundary. Public Water and Sewer are available nearby. Policies in the Comprehensive Plan state that the purpose of the urban transition classification is to provide for future intensive urban development and densities can exceed 2.5 units per acre when adequate public facilities are available. Based on the consistency with the Land Use Plan, Staff recommends approval. The Planning Board recommended approval by a vote of 4-0. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolf of Design Solutions, representing the petitioner, spoke in favor of the rezoning stating that adequate public water and sewer are available nearby. There being no further comments, Chairman Greer closed the public hearing and asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the request by Cindee Wolf of Design Solutions, representingHaywood Watters to rezone approximately 7.78 acres of property located at 5807 Murrayville Road from R-15 Residential to R-10 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 8B, Page 54. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 137 CONSIDERATION OF REQUEST FOR FUNDING, APPROVAL OF APPROPRIATION OF NEW HANOVER COUNTY SCHOOLS FUND BALANCE AND TRANSFER OF SCHOOLS FUNDS Chairman Greer reported that the New Hanover County Board of Education is requesting $6,795,834 in County funding and approval of using $6 million of the current Schools Fund Balance for the construction of a new elementary school at Veteran's Park and renovation and expansion of the Ogden Elementary School. The Board’s approval is required for appropriating the fund balance and transferring the funds from the School System's Local Current Expense Fund to its Capital Outlay Fund. The Ogden school currently has about one-half of the building square footage as is advisable to serve the current student population. The addition of Anderson Elementary School is needed due to the growth in the elementary school age population. Steve Bilzi, Chairman of the NHC School Board spoke on the original request before the Board for funding of the new facilities for Anderson Elementary School and renovations for Ogden Elementary School. He stated that from the afternoon meeting conversation he felt that the Commissioners were in agreement for funding the Anderson project but that the Ogden project was still undecided. Due to time constraints with the School Board wanting to hold off on redistricting until school year 2006-2007, they would be agreeable to do Ogden Elementary renovation in phases using mobile units starting with the design phase and coming back to the Board with a comprehensive proposal with different possible funding scenarios including a possible bond referendum for May 2005. Chairman Greer asked for direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett to approve the request for County funding in the amount of $4,275,834 out of the County fund balance over a two-year period for the construction of Anderson Elementary School and initial design phase of Ogden Elementary School, appropriation of New Hanover County Schools Fund Balance, and transfer of school funds. The NHC Board of Education will bring a comprehensive proposal to the Commissioners at a later date concerning Ogden Elementary School. Substitute Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to approve the request for County funding in the amount of $6,125,000 out of the County fund balance over a two-year period for the construction of Anderson Elementary School and initial design phase of Ogden Elementary School. Chairman Greer called for a vote on the substitute Motion. Vote: The Board voted 2 to 3. Commissioner Pritchett, Commissioner Davis, and Chairman Greer voted in opposition to the substitute motion. Chairman Greer called for a vote on the original motion. Vote: The Board voted 4 to 1. Commissioner Caster voted in opposition. CONSIDERATION OF APPROVAL OF NEW HANOVER BOARD OF EDUCATION BUDGET AMENDMENT APPROPRIATING BOARD OF EDUCATION FUND BALANCE FOR DESIGN SERVICES AND MISCELLANEOUS CONTRACTS FOR ANDERSON ELEMENTARY Chairman Greer reported that on August 2, 2004, the Board of Education approved a budget amendment appropriating $275,000 from the Board of Education Fund Balance for design services and miscellaneous contracts for Anderson Elementary School. Since the Board of Education Fund Balance has accumulated from local funding, Staff recommends that the County Commissioners consider approval of this budget amendment. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett, to approve the New Hanover County Board of Education budget amendment appropriating $275,000 from the Board of Education Fund Balance for design services and miscellaneous contracts for Anderson Elementary School. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDER OF APPROVAL OF LEGISLATIVE GOALS FOR CONSIDERATION IN THE NEXT SESSION OF THE GENERAL ASSEMBLY County Manager O’Neal reported that the North Carolina Association of County Commissioners (NCACC) is soliciting proposed goals from its members to potentially become part of the legislative agenda to be presented for consideration to the General Assembly. The Association will review proposed goals through the fall and winter and vote on the goals at the Legislative Goals Conference on January 13, 2005. Staff requests that the Board review the goals submitted and forward approved goals to the NCACC by September 15 for consideration by the Association to be presented to the General Assembly. Chairman Greer requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the following legislative goals to be submitted to the NCACC by September 15 for consideration by the Association to be presented to the General Assembly: 1) Greater flexibility to individual counties in providing tax relief to low income elderly and disabled tax payers; 2) Ban video poker machines; 3) Continue funding for Grassroots Science Museums; 4) Require all taxes levied on manufactured homes to be paid before the home may be moved, repossessed or sold on site; 5) Improve the system through which property taxes on motor vehicles are collected; 6)Establish parity in the calculation of retirement benefits between the State Employee Retirement system and the Local Government Retirement System; 7) Reinstitute state funding of local school system utility costs; and, 8) appropriate state funds to add school health personnel in all counties NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 7, 2004 PAGE 138 so that over a three-year period the state reaches a nurse/student ratio of 1:750. Upon vote, the MOTION CARRIED 4 to 1. Chairman Greer voted in opposition. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:25 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:35 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Donald Sullivan a resident of New Hanover County spoke on his concerns of illegal aliens in the County and Country and his efforts by means of a federal lawsuit to deport illegal aliens. ADDITIONAL ITEMS Additional Items from Commissioner Caster Commissioner Caster reported that the had attended several meetings including the Convention Center Leadership Team meeting; the welcome reception for Wilmington Police Chief Ralph Evangelous; the CAMA Advisory Panel; the Tidal Creeks Partnership; DSS Board meeting; tour of NHC Schools; reception for Wilmington Industrial Commission; meeting with the Airport Authority and Nick Garrett from the Clean Water Trust Fund Board; the Tidal Creeks meeting; and the Department of Social Services Board and DSS Work First Plan for 2005-2007. Additional Item from Vice-Chairman Boseman Vice-Chairman Boseman informed the Board that she will be serving jury duty during the September 20, 2004 meeting. Additional Items from Commissioner Pritchett Commissioner Pritchett reported that WAVE Transit has expanded their routes. More buses are on order and when they arrive after the first of the year additional routes will be added. Maps for each route are easy to read and are available at central locations across the county and on the WAVE website. Commissioner Pritchett reported attending the Mason Inlet meeting and that the response was very positive. The maintenance plan will include land-based dredging which is less invasive and less expensive. Commissioner Pritchett commented on attending a very successful meeting of the North Carolina Association of County Commissioners in Asheville with Chairman Greer and County Manager O’Neal. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 9:50 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board