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2004-11-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 167 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 8, 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 Ms. Susan Dankel, Deacon, Church of the Servant gave the invocation. Vice-Chairman Boseman led the audience in the Pledge of Allegiance to the Flag. Chairman Greer recognized Austin DeVane with Boy Scout Troop 246 who was in attendance to earn his Citizenship in the Community badge. Chairman Greer congratulated Commissioners Davis and Pritchett for their re-election victory to the New Hanover County Board of Commissioners and Vice-Chairman Boseman for her election victory to the State Senate. 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 Pritchett clarified with County Manager O’Neal that KGI Wireless was willing to lease the County space on the tower and requested the appropriate verbiage be added to the minutes. Chairman Greer requested removal of Consent Agenda Items 4 and 6 for further discussion. Discussion of Consent Agenda Item 4 – Approval to Accept State Funding to Support Local Bio-Terrorism Efforts Chairman Greer clarified that the Health Planner position that would be funded from the acceptance of the funds will be terminated when the funding ends. Discussion of Consent Agenda Item 6 – Approval of Request for Proposals for a Master Plan for Parks, Recreation and Open Space Chairman Greer clarified with Parks Director Neal Lewis that the funds budgeted will be sufficient to complete the Master Plan. Parks Director Lewis stated that the Oversight Group would include representatives from the County, municipalities, NHC Board of Education, NHC Tidal Creeks Advisory Committee, and the Greater Wilmington Sports Commission. A set of recommendations will come from the Oversight Group that will include strategies for funding and a prioritized schedule with cost estimates for the implementation of the Master Plan. Hearing no further comments, Chairman Greer asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve the items on the Consent Agenda as presented with the addition to the minutes as noted. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the corrected minutes of the following meeting as presented by the Clerk to the Board: Regular Meeting – October 18, 2004 Acceptance of Additional Home and Community Care Block Grant Funds and Senior Center General Purpose Funds and Approval of Related Budget Amendment #05-0081 – Department of Aging The Commissioners accepted additional funding in the amount of $22,297 from the Home and Community Care Block Grant (HCCBG)and $9,029 from the Senior Center General Purpose Funds (SCGP) and approved the related budget amendment #05-0081. The money from the HCCBG will be used to increase In-Home Aide Services to elderly clients. The money from the SCGP will be used to offset salaries of the Senior Center Program Manager’s staff. The required 25% match is available in the department's approved FY2005 budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 168 Budget Amendment #05-0081 – Department of Aging AdjustmentDebitCredit General Fund: County Commissioners: Appropriated Fund Balance$9,029 Aging: In Home Aid: CDBG – Social$10,566 Contracted Services$10,566 Adult Day Care: Aging Social Services State$11,731 Contracted Services$11,731 Senior Center: CDBG – Social$9,029 Explanation: To budget additional funds for Home and Community Block Grant and general purpose for FY 04-05. To offset County funds already budgeted for salary and benefits of the Senior Center Program Manager. Approval of New Hanover County Board of Education Budget Amendments The Commissioners approved the New Hanover County Board of Education budget amendments. The budget amendments adjust the school budget to reflect changes necessary to fund the new elementary school at Veterans Park and design Ogden Elementary School renovations. The County Commissioners approved the adjustments in the New Hanover County Budget at the Board’s September 20, 2004 meeting. The County contribution of $4,275,834 ($3,975,834 + $300,000) will be funded by County General Fund-Fund Balance over a two-year period. Acceptance of Funding from the NC Department of Health and Human Services to Support Local Bio- Terrorism Efforts and Approval of Related Budget Amendment #05-0080 – Health Department The Commissioners accepted funding from the NC Department of Health and Human Services to support local bio-terrorism efforts in the amount of $137,114 and approved the related budget amendment #05-0080. The money will be used to cover 100% of the salary and benefits for the Health Planner position, as well as other costs to include: travel and training for NHC Health Department staff as it relates to bio-terrorism efforts, annual Nextel service, Xerox Copier lease, supplies for the five dispensing sites identified for disaster preparedness and recovery, Strategic Planning Session through the North Carolina Institute for Public Health, two laptops, mobile printers, digital projector and television to be used to support PHTIN video-conferencing sessions. Budget Amendment #05-0080 - Health AdjustmentDebit Credit General Fund: County Commissioners Appropriated Fund Balance$56,772 Health Administration: Bio-terrorism Preparedness$119,017 Bio-terrorism Comm. and Assess.$3,156 Bio-terrorism - SMS$5,671 Bio-terrorism - Smallpox$9,270 Telephone Expense$13,500 M&R - Equipment$9,000 Departmental Supplies$39,000 Capital Outlay - Equipment$18,842 Explanation: To offset County dollars originally budgeted for Health Planner position with funds received from the Bio-terrorism grant. To accept, approve and budget state funding in support of local bio-terrorism efforts. Approval of Submission of a March of Dimes Grant for Maternity Care Coordination Incentive Program – Health Department The Commissioners approved the submission of a March of Dimes Grant for Maternity Care Coordination Incentive program in the amount of $3,000. If awarded, the funds will be used to purchase both educational supplies and incentives for pregnant women in the Maternity Care Coordination Program. No in-kind match is required. Approval of Request for Proposal for a Master Plan for Parks, Recreation and Open Space for New Hanover County The Commissioners approved the solicitation of Request for Proposal for a Master Plan for Parks, Recreation, and Open Space. Funding is included in the current budget to develop a comprehensive Master Plan for Parks, Recreation and Open Space for New Hanover County. The last Master Plan for Parks and Recreation was prepared in 1988, and, for the most part, has been completed. The Master Plan will examine existing facilities and programs, establish standards by which to evaluate the current status of parks and recreation, and make recommendations for future actions. The Master Plan will consider the County, the municipalities, the schools and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 169 other park and recreation providers and how the general public can best be provided with the facilities and programs they desire. The Master Plan will take approximately six to nine months to complete. Approval of Budget Amendment #05-0078 – Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0078 – Social Services AdjustmentDebit Credit Child Day Care: DSS/Smart Start Daycare$192,651 DSS/Smart Start Daycare$192,651 Explanation: To budget additional funds received for the Smart Start program. Approval of Budget Amendment #05-0079 – Juvenile Services The Commissioners approved the following budget amendment: Budget Amendment #05-0079 – Juvenile Services AdjustmentDebitCredit Juvenile Day Treatment Center - NHCS: Contributions from School$17,400 Salaries$10,000 Postage Expense$1,000 M&R - Auto and Trucks$705 Departmental Supplies$1,000 Books and Periodicals$1,500 Fuel and Supplies$2,895 Dues and Subscriptions$300 Explanation: To budget increase in funds from NHC Schools to deliver educational services and transportation. REGULAR ITEMS OF BUSINESS CONSIDERATION OF PROCLAMATION DECLARING NOVEMBER 2004, AS NATIONAL HOSPICE MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Katrinka Webb, Community Outreach Coordinator for the Lower Cape Fear Hospice and Life Care Center has requested that the Board proclaim November 2004, as National Hospice Month in New Hanover County. Vice-Chairman Boseman read the proclamation into the record. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring November 2004, as National Hospice 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 Exhibit Book XXIX, Page 9.1. CONSIDERATION OF PROCLAMATION DECLARING NOVEMBER 2004, AS ADOPTION AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the Board of Social Services requested that the Board of County Commissioners consider adopting a proclamation declaring November 2004 as Adoption Awareness Month in New Hanover County to recognize the value of adoption for children in need of permanent homes with loving families. The Governor has proclaimed November as Adoption Awareness Month in North Carolina. Commissioner Caster read the proclamation into the record. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adopt the proclamation declaring November 2004, as Adoption 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 Exhibit Book XXIX, Page 9.2. PUBLIC HEARING TO CONSIDER GRANT APPLICATION FOR COMMUNITY TRANSPORTATION PROGRAM FUNDING FOR FY 2005-2006 Department of Aging Director Annette Crumpton introduced Transportation Board Member William NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 170 Bryden and asked him to make the presentation. Mr. Bryden reported that New Hanover County is eligible to obtain grant funding from the North Carolina Department of Transportation (NCDOT) for administrative, capital and technology assistance in the operation of the Cape Fear Public Transportation Authority (CFPTA). The grant application deadline is November 19, 2004. CFPTA provides general public and employment transportation to the unincorporated areas of the County. Human services transportation is also provided to clients of human service agencies throughout the County. A total grant application in the amount of $336,663 is being requested for the upcoming fiscal year. Local matching funds required from the County total $42,332 and will be included in the CFPTA budget request for the upcoming year. The Transportation Board requests the Board to conduct the public hearing, approve the request to submit the application, adopt the resolution on use of funds, and authorize Chairman Greer, County Manager O'Neal and County Attorney Copley to execute the appropriate application certifications and assurances upon receipt thereof and accept program funds if the grant is awarded. 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 Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve the request to submit the grant application to the NC Department of Transportation, adopt the resolution on use of funds, and authorize Chairman Greer, County Manager O'Neal and County Attorney Copley to execute the appropriate application certifications and assurances upon receipt thereof and accept program funds if the grant is awarded. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 9.3. PUBLIC HEARING TO CONSIDER REQUEST BY STAN BULLOCK AND CHIP HICKS FOR MARGARET OLSEN FOR MODIFICATION OF AN EXISTING SITE PLAN AND SPECIAL USE PERMIT FOR A YOUTH SOCCER FACILITY LOCATED AT 6101 MURRAYVILLE ROAD (S-452, 10/04) Chairman Greer opened the Public Hearing and announced that the special use process required 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: Doug Darrell Stephanie Folcher Dexter Hayes Teena McMahon Chairman Greer announced that the applicant and opponents would 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 petitioners are requesting a modification of an existing site plan and Special Use Permit originally granted in March 2000. The petitioners have successfully operated a youth soccer program for 500 to 700 youth players per week. The petitioners would like to expand the program by adding lighting as well as additional fields. The first phase of the expansion is to relocate some of the existing lighting, add lighting to the existing field that abuts residents on Rockwell Road and add some lighting in the parking area. The lighting is proposed for location on taller 45-foot high poles. The applicants are also requesting a modification of the Condition on the current Special Use Permit that requires the lights to go off by 7:00 p.m. and are requesting a change to 9:00 p.m. Expansion of the fields and parking to the north reflect future plans to accommodate the increasing demand for recreation facilities. The petitioners need to get proper land disturbance permits and wetland delineations prior to any clearing or grading. The Planning Board recommends approval by a vote of 3-2 with the following conditions: 1) additional hours to 9:00 p.m.; 2) add lighting to the parking lot; 3) extend the light poles to 45 feet; and 4) add lights to the second field. A restroom facility would be required per the Plumbing and Health Codes. The Board felt that there was insufficient information provided to approve the additional fields on the north end of the project. Two neighbors from Rockwell Road spoke in opposition and presented a petition, stating that their primary concern was about drainage and they were not certain that other neighbors understood that there was a request for additional lighting. Staff supports the Planning Board recommendations with the parking lot lighting being ground lighting and the two additional fields being approved at a later date. Commissioner Davis asked Planning Director Hayes what concerns the two Planning Board members voiced who voted in opposition to the proposed project. Planning Director Hayes responded that the two members had concerns about the location of the two NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 171 additional fields being located in a wetland area and with the hours of operation and lighting impact on neighbors. Commissioner Davis clarified with Planning Director Hayes that the proposed use was consistent with the Land Use Plan Commissioner Pritchett clarified with Planning Director Hayes that the Planning Board did not approve the additional fields, and if the Board approved the request, a wetland study would have to be conducted before any construction could occur. Planning Director Hayes reported that the lighting request was to increase the height of the light poles from 30 feet to 45 feet and the lighting would be directed downward. Staff was recommending that the parking lot lighting be ground level lighting. Chairman Greer asked if the applicant would like to speak on behalf of the request. Doug Darrell representing Olsen Farms Soccer Fields and the Soccer Academy spoke on the generosity of the Olsen family making twelve more acres available for soccer field expansion. Stating that the fields were used by the community and supported by local businesses without funding from the County. He entered into the record petitions with eight hundred signatures in support of the proposed project stating that the adjacent property owner was also in favor of the project and had signed the petition. He stated that the additional lighting would increase security as would the extended hours of lighting operation. Acquiring approval by the Board will aid in raising money for the field expansion and will allow the field use to be rotated. Stroud Engineering has conducted a study of the drainage problems and has determined that the Olsen property is the recipient of the drainage flow and not part of the cause. Great care is being taken to add additional green space. Stephanie Folcher, president of the Ogden Elementary School PTA, spoke in support of the proposed project stating that the Olsen Farms Soccer Fields and Soccer Academy was well run and an asset to the County’s families and children. Chairman Greer asked if anyone would like to speak in opposition. Teena McMahon, a resident of Rockwell Road, spoke in opposition to the request due to drainage ditch flooding concerns and was told that if the soccer fields expansion was approved it would increase drainage problems. She also spoke on her concerns on the height of the proposed lights and increased traffic on Rockwell Road. Vice-Chairman Boseman asked Planning Director Hayes how the drainage on Rockwell Road would be affected if the field expansion were approved. Planning Director Hayes responded that it was not known because there is not a plan showing the expansion and effect on drainage. Commissioner Caster responded that according to the Stroud Engineering study the drainage flow is toward Olsen Farms. Commissioner Davis asked if the lighting would be directed downward so more light would stay on the field and be less invasive to the neighbors. Mr. Darrell responded that an increase in the height of the light poles means the light beam would be directed downward on the field and less invasive to the neighbors. He also stated that they are willing to cease operation at 8:30 p.m. Commissioner Davis stated that the request could come back to the Board at a later date when the field expansion issues have been addressed. Mr. Darrell stated that it is important to have the Board’s approval for the field expansion when seeking funding from grants and the community. Hearing no further comments, Chairman Greer asked for direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to approve the request byStan Bullock and Chip Hicks on behalf of Margaret Olsen for modifications of an existing site plan and Special Use Permit for a youth soccer facility located at 6101 Murrayville Road without the requested two additional soccer fields and with the following conditions: 1) additional hours to 8:30 p.m.; 2) add ground lighting to the parking lot; 3) extend the light poles to 45 feet with light directed downward; and 4) add lights to the second field. Substitute Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the request by Stan Bullock and Chip Hicks on behalf of Margaret Olsen for modifications of an existing site plan and Special Use Permit for a youth facility located at 6101 Murrayville Road to include: 1) the addition of two soccer fields; 2) additional hours to 8:30 p.m.; 3) add ground lighting to the parking lot; 4) extend the light poles to 45 feet with light directed downward; and 5) add lights to the second field. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 172 Chairman Greer called for a vote on the substitute motion. Upon vote, the SUBSTITUTE MOTION CARRIED THREE TO TWO. Commissioner Davis and Commissioner Pritchett voted in opposition. Commissioner Pritchett stated that she voted in opposition due to a lack of a formalized plan that was sufficient to satisfy the Planning Staff and Planning Board. A copy of the amendment to the Special Use Permit is hereby incorporated as a part of the minutes and is contained in the SUP Book III, Page 30.1. Exhibits presented by the petitioners are on file in the Planning Department. PUBLIC HEARING TO CONSIDER REQUEST BY JEFF KEETER FOR ROBERT AND DEBORAH JONES TO REZONE APPROXIMATELY 10.56 ACRES OF PROPERTY LOCATED IN THE 9100 BLOCK OF MARKET STREET FROM R-15 RESIDENTIAL TO CD (B-2) CONDITIONAL USE HIGHWAY BUSINESS (Z-786, 10/04) Chairman Greer opened the Public Hearing and announced that the special use process required 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: Dexter Hayes Jeff Keeter John Klein James Martin Brian Thomas Planning Director Hayes reported that Jeff Keeter, on behalf of the petitioners Robert and Deborah Jones, are requesting to rezone approximately 10.56 acres of property located in the 9100 block of Market Street on the west side between the Kirkland Community and Sidbury Road from R-15 Residential to CD (Conditional Use Highway Business) for a mini warehouse facility. The Planning Board recommended denial by a vote of 3-2. Planning Director Hayes entered the staff’s 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 site is located in the Ogden Fire District. B. The site is served by well & septic. C. The site has access to Market Street north of the I-140 Interchange. Market Street is classified as an Arterial Road by the Thoroughfare Classification Plan. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A.A site plan, which meets the requirements of the ordinance, has been submitted and reviewed. B. The site plan has been shown on an aerial photograph and the applicant intends to preserve significant trees. C. Based on the information provided a traffic impact analysis is not required for the project. D. Signage is limited to the requirements of the Special Highway Overlay District. 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 majority of the surrounding parcels are acreage parcels. B. The nearest home is on the property adjacent and north of the subject property. There are no other residential structures directly adjacent to the subject property. C. There is an existing cemetery adjacent and south of the subject property. The petitioner has submitted a report from an archeologist that no evidence of graves was found within a 30’ buffer zone along the abutting property line. D. No evidence has been presented to date that this facility will decrease the value of adjoining property. . The Board must find that the location and character of the use if developed according to the plan as 4 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 1999 Land Classification Plan identifies this area as rural. The purpose of the rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction, and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. B. Currently there is one house on the property. C. The I-140 interchange is actively under construction in front of the property and further south. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 173 Planning Director Hayes stated that the petitioner has addressed the site constraints well, however staff is concerned about the appropriateness of the commercial use as it will be the primary entrance into New Hanover County and if it is consistent with established policies. If approved, the driveway location will be coordinated with NCDOT Access Management Plans for Market Street. The Planning Board and Staff recommend denial of the proposed rezoning. Commissioner Davis asked Planning Director Hayes if this was consistent with the Land Use Plan. Planning Director Hayes responded that Staff felt that it was not consistent with the Land Use Plan due to the location and rural classification and that it was outside the limits of present services for that area. The By-Pass Committee felt that the concentration should be located at the intersection of the I-140 Interchange as opposed to Market Street. Staff feels that the present zoning of R-15 Residential is appropriate for the area. Chairman Greer asked if the applicant would like to speak on behalf of the request. James Martin, owner and developer of Martin Self Storage, stated that they currently have five New Hanover County locations and employ 23 full-time employees. He spoke on the need for additional locations, noting the benefits of the proposed self storage facility which include: a quiet excellent buffer between zones, limited traffic, little impact on utilities, no impact on schools, excellent property tax revenues for the County and it would provide a very important service of protecting customer’s possessions in times of natural disasters. The proposed facility will be low-country architecture, with downward directional lighting contained on the property, estate fencing on the Market Street corridor, retention areas will be located at the front of the property and incorporated into the landscaping as an attractive design element, and preservation of existing significant trees will be a priority. The set-back for the buildings exceed the minimum SHOD requirements, the storage buildings themselves are situated at the crest of the hill and will have minimum exposure to Market Street with only one driveway cut with a right-in, right-only traffic pattern, no boat or RV parking will be visible from Market Street. He encouraged the Board to approve this project to allow him to provide a facility superior in quality and customer service. John Klein, Wrightsville Engineering Service, Inc., spoke in support of the proposed project stating that it satisfies the findings of facts and staff recommendations and provides a good transition between zones. Brian Thomas, South Coast Commercial LLC, representing James and Doris Edens the adjoining property owners, spoke in favor of the request and entered into the record a letter of support from the Edens. The proposed development is the best use of the property. Jeff Keeter, Attorney representing the petitioners, spoke in favor of the request stating that the proposed project will be an appropriate use of the property and an attractive entrance into New Hanover County. The proposed project satisfies the four Findings of Facts. Commissioner Pritchett stated that she felt approval of the proposed project was premature since the plan for the I-140 Interchange and the Highway17 By-Pass has not been completed. Walt Conlogue, member of the Planning Board stated that he felt that this was a good project being proposed in a good location. The hospital project was approved recently across the street from the proposed project and he felt that there would be minimal impact from the proposed use. Commissioner Davis stated his concern that the Planning Board and Planning Staff do not believe the proposed project is consistent with the Land Use Plan. Mr. Conlogue responded that he believes this project is consistent with the Land Use Plan. Chairman Greer asked Mr. Martin if he would be willing to relocate the driveway to accommodate NCDOT recommendations. Mr. Martin responded that he would be willing to relocate the driveway to accommodate NCDOT recommendations. Chairman Greer requested direction from the Board on the proposed rezoning request. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer, to rezone approximately 10.56 acres of property located in the 9100 block of Market Street from R-15 Residential to CD (B-2) Conditional Use Highway Business. Upon vote, the MOTION CARRIED THREE TO TWO. Commissioner Davis and Commissioner Pritchett voted in opposition. A copy of the AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 53. Chairman Greer called for a motion to grant a Special Use Permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 174 Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Special Use Permit to Jeff Keeter for Robert and Deborah Jones to locate a mini warehouse facility in the 9100 block of Market Street, based on the evidence presented and findings of facts concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED THREE TO TWO. Commissioner Davis and Commissioner Pritchett voted in opposition. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 30.2. BREAK: Chairman Greer called for a break at 7:50 p.m. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF PINE AVENUE (SC-80, 08/04) Planning Director Dexter Hayes reported that Bob Jones, PLS for the Carlson family, is requesting the Board to consider closing a portion of Pine Avenue located near Santa Maria Avenue, in the Porters Neck Community. Staff recommends that Pine Avenue remain open due to the projected need for future utility infrastructure development and public water access. Chairman Greer asked if the petitioners would like to present testimony. David Huffine, Attorney representing the Carlson family reported that J. O. Reilly recorded Pine Avenue with the Register of Deeds of New Hanover County on June 16, 1943. Pine Avenue was never opened or used by the public nor was it accepted for public use by either New Hanover County or the North Carolina Department of Transportation. Mr. Huffine stated that North Carolina G.S. 136-96 provides that “any strip, piece or parcel of land which shall have been at any time dedicated to public use as a road, highway, street, avenue or for any other purpose whatsoever, by deed, grant, map, plat or other means, which shall not have been actually opened and used by the public within fifteen years from and after the dedication thereof shall thereby be conclusively presumed to have been abandoned by the public for the purpose for which the same shall have been dedicated.” More than fifteen years have passed since the map was recorded and Pine Avenue has not been opened or used by the public. On October 4, 2004, Carl I. Carlson, Jr. and Anne D. Carlson, successors in interest to J. O. Reilly, executed the Declaration of Abandonment and Withdrawal of Pine Avenue for the purpose of confirming the abandonment and withdrawal from dedication of public use. County Attorney Wanda Copley stated that if the County wanted Pine Avenue to remain open the County would have to go through the court system. Chairman Greer requested direction from the Board. Motion : Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the request by Bob Jones, PLS for the Carlson family to close a portion of Pine Avenue. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order closing the road is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 29.4. ADOPTION OF 2005 SCHEDULE OF REGULAR BOARD MEETINGS Chairman Greer reported that the 2005 Schedule of Regular Meetings is ready for approval and asked if any member of the Board would like to comment. Commissioner Caster requested that the meeting dates for January be changed to January 10 th and 24 th, 2005 to better accommodate the New Year Holiday. The consensus from the Board was to adopt the calendar with the 2005 Schedule of Meetings with a change in the January meetings to January 10 th and 24 th, 2005. UPDATE OF STATUS OF ABC BOARD APPOINTMENT County Manager O’Neal reported that at the Commissioners' meeting on October 4, Vice-Chairman Boseman raised the matter of residency of ABC Board member Howard Armistead. The County Manager’s office notified Dr. Armistead in writing of the Commissioners' intention to discuss this matter. Commissioner Davis has received a letter from Dr. Armistead stating his address is 518 Montego Court in Wilmington and that he votes in New Hanover County. Dr. Armistead’s letter stated that he would not be able to attend tonight’s meeting due to a prior commitment. Commissioner Pritchett clarified that Dr. Armistead’s term on the ABC Board expires June 30, 2005. he Board held a brief discussion concerning residency and committee policy. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 175 The consensus from the Board was to allow Dr. Armistead to complete his term on the ABC Board, with the term to expire on June 30, 2005. REQUEST TO TRANSFER MEMBERSHIP FROM THE ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE TO THE NURSING HOME COMMUNITY ADVISORY COMMITTEE Chairman Greer reported that Harvin Quidas, Regional Ombudsman for the Adult Care Home Community Advisory Committee and the Nursing Home Community Advisory Committee has reported that Ms. Sonja Robinson is not eligible to serve on the Adult Care Home Community Advisory Committee, but does qualify for the Nursing Home Community Advisory Committee. She has requested that the Board transfer Ms. Robinson's membership from the Adult Care Home Community Advisory Committee to the Nursing Home Community Advisory Committee. Ms. Robinson is in agreement. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to transfer the membership of Ms. Sonja Robinson from the Adult Care Home Community Advisory Committee to the Nursing Home Community Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 8:40 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:05 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. No items were presented. ADDITIONAL ITEMS Item Presented by County Manager O’Neal County Manager O’Neal requested the Board conduct a work session immediately following the November 18, 2004, Staff Meeting. The subject of the work session will be to receive updates on the 800 MHz system and the Wave Transit Authority. Items Presented by Commissioner Caster Commissioner Caster reported on the following items: ? He attended the Halyburton Park opening. ? He attended the Convention Task Force meeting. ? He toured the Furtado Road area with County Engineer Greg Thompson and three residents and has pictures available for viewing. ? He attended the Ports, Waterway and Beach Commission meeting. ? He attended the Oyster Roast at Airlie Gardens. ? He attended the Atlantic Intracoastal Waterway Association Annual Meeting where Congressman McIntyre spoke. ? He attended the Department of Social Services monthly meeting. ? He attended the Tidal Creeks Watershed Management Advisory Board and stated that a plan is being developed to reorganize the Advisory Board into a City/County Board to work on water quality issues. ? He congratulated the partners of the Hewlett Creek Water Quality and Oyster Restoration Initiative for Best Restoration or Conservation receiving the NC Coastal Federation 2004 Pelican Award for the Project . ? He congratulated McKim & Creed, Inc. for receiving an award from the American Council of Engineering Companies of North Carolina for their project with the Lower Cape Fear Water & Sewer Authority on the Kings Bluff Station in Bladen County. ? He announced that Executive Director of the Lower Cape Fear Water & Sewer Authority, Kurt Taube is retiring. His replacement should be on board after January 1, 2005. Items Presented by Commissioner Pritchett Commissioner Pritchett reported on the following items: ? She attended the Chamber’s Infrastructure Committee meeting on the proposed Hugo Neu project in Brunswick County and requested County Manager O’Neal to have staff present a Hugo Neu traffic impact analysis to the Board in the near future. ? She congratulated the Sheriff’s Department on taking 2 nd place in the YMCA’s Corporate Cup and for also winning the Spirit Award. ? She enjoyed speaking at a Water Seminar for teachers at the Cape Fear Museum. ? She attended the Highway17 By-Pass Access meeting with NCDOT. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 8, 2004 PAGE 176 ? She met with the Senior Responsive Community Committee at the Department of Aging. The Committee is looking at strategies on how to advertise services currently being offered in the community and finding funding sources to help supplement programs. ? She reminded the audience that Saturday, November 13, 2004, is Household Hazardous Waste Collection Day to be held in the parking lot next to Trask Coliseum at UNC-W from 9 a.m. until 3 p.m. Items collected will include pesticides, herbicides, computers, TV’s, cell phones, fuel, motor oil, used tires, paints, and other such items. ? She attended a presentation on gang activity in the community and schools at the Judges Luncheon and stated that she has been asked to chair a committee to assess gang activity in the County. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 9:20 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board