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2005-06-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 330 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 6, 2005, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O'Neal; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Keith Hollar, Pastor, Wrightsboro Baptist Church, gave the invocation. Commissioner Ted Davis, Jr. 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. Vice-Chairman Caster requested removal of Item 10 for clarification from staff. Item 10 -Acceptance of Ministering Circle Funds through Good Shepherd. Vice-Chairman Caster clarified with Health Director David E. Rice that the Good Shepherd Ministry would be using grant funds for the exam room expansion and that the County would continue to provide the personnel. Hearing no further comments, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Budget Work Session - May 12, 2005 Regular Meeting - May 16, 2005 Board of Equalization and Review - May 16, 2005 Closed Session - May 16,2005 Joint Meeting with the Airport Authority- May 18, 2005 Adoption of Resolution to Add Royal Fern Road and Yellow Daisy Drive in River Oaks Subdivision to the State Highway System The Commissioners adopted a resolution to add Royal Fern Road and Yellow Daisy Drive in River Oaks Subdivision (Div. File No: 1054-N) to the State Highway System. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.1. Approval to Accept Grant Monies from the Office of Rural Health to Implement a Medicare Prescription Drug Transition Program for Senior Care Enrollees - Health Department The Commissioners accepted grant monies in the amount of $20,000 from the Office of Rural Health to implement a Medicare Prescription Drug Transition Program for senior care enrollees. The funds will be used for three part -time Local Coordinator positions and administrative costs. Local Coordinators will be responsible for outreach into the community and to assist Senior Care enrollees in choosing a prescription drug program (PDP) under Medicare Part D, that best meets their needs. The grant period begins July 1, 2005 and will end June 30, 2007. There is no County match required for the grant. Acknowledgement of Budget Amendments from New Hanover County Schools The Commissioners acknowledged the budget amendments approved by the New Hanover County Board of Education on May 2, 2005 to transfer funding from current projects at Roland Grise and Bellamy that came in under budget. This transfer will fund the purchase, installation, and furnishings for two additional mobile units at Bellamy. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 331 Approval of Annual Plan for Juvenile Crime Prevention Council The Commissioners approved the annual plan for the Juvenile Crime Prevention Council for July 1,2005 to June 30, 2006. The plan will be submitted to the area office of the N. C. Department of Juvenile Justice and Delinquency Prevention (DJIDP) and then to the State office for the DJIDP for final approval. The document is available for review in the County Manager's office. Adoption of Proclamation to Recognize August 23, 2005 as Health Unit Coordinators Day The Commissioners adopted a proclamation recognizing August 23, 2005, as Health Unit Coordinators Day. Edna Ennis, representing the National Association of Health Unit Coordinators, Inc. (NAHUC) will be presenting the signed proclamation to the 24th Annual Education Conference August 24-27, 2005, in Richmond, Virginia. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.2. Approval of Budget Amendment for Medicaid Maximization Cost Settlement Funds - Health Department The Commissioners approved the budget amendment accepting funds from the Medicaid Cost Settlement Funds, Division of Public Health in the amount of $192,407. The funds will be used to support programs in the department that earns Medicaid revenues. Budget Amendment #05-0226 - Health Department Adiustment Debit Credit Care Coordination: Title XIX Fee Maximization Departmental Supplies $192,407 $192,407 Explanation: To budget additional funds received from Medicaid Cost Settlement Funds. A spending plan will be developed at a later date. Approval of Partnership with the City of Wilmington for a Three-Year HUD Lead Poisoning Grant Application - Health Department The Commissioners approved the partnership with the City of Wilmington for a HUD Lead Poisoning grant application in the amount of $275,000 over three years. The New Hanover County Health Department is charged by the North Carolina Department of Public Health with childhood lead poisoning prevention and follow-up of lead poisoned children in NHC. If the federal grant is received, the funds will be used to provide outreach and follow-up of children with possible lead exposure through the Health Department. Acceptance of Risk Watch Continuation Grant Funds - Health Department The Commissioners accepted continued funding for established Risk Watch Champion Teams from the North Carolina Department of Insurance, Office of the State Fire Marshall in the amount of $25,000. Funding will be used to expand the Risk Watch injury prevention curriculum with the County public and private school system. New Hanover County is one of five established teams statewide that provides the safety topic curriculum for elementary schools. The program is currently in six schools with the goal to expand the program to all New Hanover County primary and Pre-K schools during the 05-06 school year. Approval to Accept Ministering Circle Funds through the Good Shepherd Program - Health Department The Commissioners approved to accept Ministering Circle Grant funds through the Good Shepherd program in the amount of $15,000. The funds will be used for the purchase of medical equipment and supplies to enhance and expand the current nursing clinic staffed by the New Hanover County Health Department Community Services Team. Budget Amendment #05-0227 - Health Department Adiustment Debit Credit Good Shepherd Ministries: Good Shepherd Ministries Grant Departmental Supplies $15,000 $15,000 Explanation: To budget funding received from Good Shepherd Ministries - Ministering Circle in the amount of $15,000. This funding is to be used for supplies and equipment at the offsite clinic located in the Good Shepherd Ministries facility. Received immediately will be $8,000, with the remaining balance of $7,000 to be received in August of 2005. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 332 Approval of the New Hanover County Health Department Fee Policy Additions - Health Department The Commissioners approved the following additions to the New Hanover County Health Department fee policy: . Tl017HI Targeted Case Management $29.30 per fifteen-minute unit; add verbiage to page 10, (after paragraph "Maternity Care Coordination, Child Service Coordination... "). Targeted Case Management will be billed to Medicaid and appropriate third party payors. For Non-Medicaid patients, these services will be billed to state grants. Medicaid and grant billing will be processed through the Children's Developmental Services Agency (CDSA) as outlined in the Consolidated Agreement between the North Carolina Division of Public Health and local Health Departments for the provision of Infant-Toddler Program services by a Local Health Department. Billing to other third party payors will be processed by New Hanover County Health Department. . CPT Code 82120 Amines-wet mount $6.00; add to fee list only; to bill Medicaid for test already done on each wet mount. Approval of Resolution and Budget Amendments #05-0228 and #2005-56 - Sheriff's Department The Commissioners approved the resolution and budget amendments #05-0228 and #2005-56 to allow the Sheriff's Department to exchange six 2003 model motorcycles for six 2005 motorcycles. As permitted by General Statute 160A-271, Carolina Coast Harley Davidson will take the six 2003 model year motorcycles and replace them with six 2005 model year motorcycles. Carolina Coast Harley Davidson will remove the existing Sheriffs Department equipment and install it on the new motorcycles for $763.75 each. No County expenditure is required. Budget Amendment #05-0238 - Sheriff/Uniform Patrol Division Adiustment Debit Credit Sale of Fixed Assets Motor Vehicle Purchases $14,680 $14,680 Explanation: To budget revenue to be received in the exchange of a Model 2003 Harley Davidson motorcycle with a 2005 Harley Davidson motorcycle. Budget Amendment #2005-56 - Federal Forfeited Property Adiustment Debit Credit Federal Forfeited Property Capital Project Expense $73,400 $73,400 Explanation: To budget funds for the exchange of six model 2003 Harley Davidson motorcycles for six model 2005 Harley Davidson motorcycles. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.3. Approval of EPA Settlement Agreement for Recovery of Response Costs at the New Hanover County Airport Burn Pit The Commissioners approved the EP A Settlement Agreement for Recovery of Response Costs at the New Hanover County Airport Burn Pit. The EP A previously made demands on the local parties to pay oversight costs incurred by the EP A in the amount of $370,000. The EP A has agreed to pay the past oversight costs from settlement amounts received from two private parties that had some involvement with the site. In exchange, the local parties would pay future oversight costs. This agreement will establish that the local parties have no responsibility for past costs. Approval of Budget Amendment #05-0214 - Elections The Commissioners approved the following budget amendment: Budget Amendment #05-0214 - Elections Adiustment Debit Credit Elections: Help America Vote Act Printing Postage $8,993 $3,000 $5,993 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 333 Explanation: To budget additional Help America Vote Act grant funds for additional voter list verification. Approval of Budget Amendment #05-0219 - Criminal Justice Partnership Program The Commissioners approved the following budget amendment: Budget Amendment #05-0219 - Criminal Justice Partnership Program Adiustment Debit Credit Criminal Justice Partnership Grant Contracted Services $600 $600 Explanation: To increase budget as a result of an increase in funding from reallocated funds. The funds will be used for Coastal Horizons to purchase a digital breathalyzer, mouthpiece, metal detector and office-jet printer. Approval of Budget Amendment #05-0224 - Drug Court The Commissioners approved the following budget amendment: Budget Amendment #05-0224 - Drug Court Special Revenue Fund Adiustment Debit Credit Interest on Investments Appropriated Fund Balance Transfer to General Fund $ 8,513 $16,170 $24,683 Explanation: For accounting purposes to close Fund 135 - Drug Court. Approval of Budget Amendment #05-0232 - Department of Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0232 - Department of Social Services Adiustment Debit Credit Office Day Care Day Care Services $206,000 $206,000 Explanation: This budget amendment will provide additional day care funding for the remainder of this fiscal year. Please note that even with the additional $206,000 there is the possibility of a shortfall of an estimated $50,000. Possible solutions to the shortfall are an additional year-end allocation from the state and the $30,000 in Share the Care Funds (private business contributions) that were received last fiscal year from the NHC Partnership for Children. Expenditures for Social Services in FY 04-05 are well within FY 04-05 budget. A waiting list for Day Care services has been reestablished as the FY 05-06 state budgets for Day Care do not look promising and it appears there may be little carry-forward money. Approval of Budget Amendment #2005-49 - Cape Fear Community College The Commissioners approved the following budget amendment: Budget Amendment #2005-49 - CFCC Capital Improvement Proiects (Bonds) Adiustment Debit Credit Interest on Investments Principal on Bonded Debt Interest on Bonded Debt $560,000 $450,000 $110,000 Explanation: To budget interest earnings to be used to pay debt service. The project is complete. Approval of Budget Amendment #2005-53 - Cape Fear Community College The Commissioners approved the following budget amendment: Budget Amendment #2005-53 - CFCC $38.3 Million Capital Proiect Adiustment Interest on Investments Transfer to General Fund Debit $1,400,000 Credit $1,400,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 334 Explanation: To budget interest earnings on the project, to be transferred to the General Fund to be used to pay a portion of debt service in FY 05-06. Approval of Budget Amendment #2005-54 - Schools Capital Projects The Commissioners approved the following budget amendment: Budget Amendment #2005-54 - NHC Schools $125 Million Capital Proiects Adiustment Debit Credit Interest on Investments Transfer to General Fund $3,400,000 $3,400,000 Explanation: To budget interest earnings on the project, to be transferred to the General Fund to be used to pay a portion of debt service in FY 05-06. Approval of Budget Amendment #2005-55 - Airlie Gardens Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2005-55 - Airlie Gardens Capital Proiect Adiustment Debit Credit Sales Tax Refund Interest on Investments Capital Project Expense $4,384 $3,711 $8,095 Explanation: To budget sales tax refund and interest earnings necessary to complete the project. REGULAR AGENDA CONSIDERATION OF PROCLAMATION TO DECLARE JUNE 5-11, 2005, AS RIP CURRENT AWARENESS WEEK IN NEW HANOVER COUNTY Chairman Greer reported that Ron Steve with the National Weather Service and Dave Baker with Wrightsville Beach Ocean Rescue have requested the Board to proclaim June 5-11, 2005, as Rip Current Awareness Week in New Hanover County. Chairman Greer read the proclamation into the record and requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring June 5-11, 2005, as Rip Current Awareness Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.4. PUBLIC HEARING FOR FY 2005-2006 BUDGET Chairman Greer opened the Public Hearing and requested County Manager Allen O'Neal to make the budget presentation. County Manager O'Neal reported that the proposed FY 05-06 budget is being presented at the current tax rate of 68 cents for a total proposed budget in the amount of $355 million that includes a SUllUllary of all funds. He thanked the County staff for their work during the budget process. Budget Presentation for New Hanover County Schools Don Hayes, Chairman of the School Board, expressed appreciation to the County Commissioners for their support of the approved bond referendum stating that although the increase may be large the system's growth has been significant and operating costs continue to rise. Finance Director, Mary Hazel Small, presented a summary of the school system's operating budget outlining projected enrollment growth and increased operating costs. Dr. D. John Morris, Superintendent of Schools, expressed appreciation to County Manager O'Neal and the Board for their support of the school system's needs. He requested the Commissioners to maintain its funding for the schools. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 335 Budget Presentation for Cape Fear Community College Dr. Eric McKeithan, President of Cape Fear Community College, expressed appreciation to the Commissioners for their support and outlined the future plans and needs of the college. Budget Presentation for the New Hanover County Health Department Chairman of the Board of Health, Donald P. Blake, requested the Board to consider two additional food inspectors and two additional animal control officers. He expressed appreciation to the Board for the work and effort given to prepare and adopt a budget for New Hanover County. Budget Requests from Non-County Agencies and Public Comments Ricky Meeks, a resident of the County, thanked the Board and the County Manager for their hard work and urged the Board to provide as much funding as possible for the WAVE Transit System and the Schools. Emerson Whitted, representing Rockhill Road, Walnut Hills, Chair Road and Apple Valley communities, requested the Board include funding for recreational facilities in this area and entered into the record a petition from residents. Keith Hollar, Pastor of Wrightsboro Baptist Church, requested the Board include funding for a recreational park for their area and entered into the record a petition from residents. Frankie Roberts, representing LINC, Inc., requested the Board consider funding their organization that aids people during the transition after their release from prison. PUBLIC HEARING TO CONSIDER APPLICATION FOR RURAL OPERATING ASSISTANCE PROGRAM FUNDING Chairman Greer opened the Public Hearing and reported that New Hanover County is eligible to receive funds from the North Carolina Department of Transportation's Rural Operating Assistance Program (ROAP) in the amount of $156,420 for FY 2005-2006. The NCDOT requires a public hearing to be held. Funding must be used to provide transportation services to specific populations of the unincorporated areas of the County with no local match required. Funding categories and amounts as determined by NCDOT are: Elderly/Disabled Assistance Work First Assistance Rural General Public Assistance TOTAL $ 81,794 $ 13,677 $ 60,949 $156,420 Hearing no comments, Chairman Greer closed the Public Hearing. CONSIDERATION OF A PETITION FOR ROAD ADDITION TO NCDOT FOR SILVER LAKE AND SILVA TERRA SUBDIVISION Planning Director Hayes reported that the unnamed road was platted as a public right-of-way in 1958 as part of the Silver Lake subdivision and in 1972 as part of the Silva Terra subdivision. The 350' road has had minimal improvements within the 60' right-of-way and is in need of maintenance and repair. This road connection provides access between Horn Road and Silva Terra Drive, which serves the Silva Terra and Silver Lake Subdivisions. Emergency access and other safety issues will be improved by allowing residents to get to a signalized intersection on Carolina Beach Road. A petition for road maintenance must be submitted to the NCDOT requesting the road segment is added to their system. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to authorize Staff to submit the petition to the NCDOT requesting the road segment is added to their system for road maintenance. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF 2005 ISSUE OF SCHOOL AND COMMUNITY COLLEGE BONDS, CERTIFICATION AND DECLARATION OF RESULTS OF MAY 10,2005 VOTE Chairman Greer reported that on May 10, 2005, a Referendum was held in order that the voters could vote on $123,000,000 of School Bonds and $27,000,000 Community College Bonds. The Board is asked to approve the Certificate of Canvass and the publication of the Statement of Results in connection with the Referendum and adopt the Resolution reflecting the results of the May 10, 2005 Special Election on the School and Community College Bonds. Clerk to the Board Sheila Schult read the Certificate of Canvass into the record. Chairman Greer requested a motion from the Board for approval. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 336 MOTION: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the Certificate of Canvass reflecting the results of the May 10, 2005 Special Election on the School and Community College Bonds and the publication of the Statement of Results. Upon vote, the MOTION CARRIED UNANIMOUSLY. MOTION: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution reflecting the results of the May 10, 2005 Special Election on the School and Community College Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.5. CONSIDERATION OF PROPOSAL TO PURCHASE COUNTY PROPERTY ON GORDON ROAD County Manager Allen O'Neal reported that Mike Nadeau, the resident who desired to purchase from the County a 0.312 acre strip ofland adjacent to his property located at 142 Gordon Road has requested a continuance of this item until the Board's June 20,2005 meeting. APPOINTMENT OF A COMMISSIONER REPRESENTATIVE TO THE GREATER WILMINGTON SPORTS COMMISSION Chairman Greer reported that Pallia Hobbie, Executive Director of the Greater Wilmington Sports Commission has requested that the Board appoint a Commissioner to serve as an ex officio member of the Commission. Chairman Greer requested nominations from the Board. Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to appoint Vice-Chairman William A. Caster as an ex officio member of the Greater Wilmington Sports Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A STUDY OF ENGINEERING RESOURCES AND CONSTRAINTS Commissioner Kopp reported that the New Hanover County Water and Sewer District is currently involved in several significant projects that, when completed, will greatly improve the level of service to the citizens of New Hanover County. The expansion of the County's water and sewer system includes the installation of over twenty miles of gravity sewer and the construction of a six million gallon per day water treatment facility. The County's Engineering Department has maintained a constant staffing level since 1998 while the number of customers served has increased by 18,000 to a total of 32,000. The growth experienced in the County over the last eight years has resulted in the recent approval of several new positions within Inspections, Health, and Water Sewer Finance. The Engineering Department has managed to provide service to an increasing population without any adjustment in staffing size or structure and adding the responsibility of regulatory oversight for the County's storm water program and drainage program without any increase in staffing or funding. He recommended that an independent engineering firm is needed to assist with an assessment of the existing policies and procedures that are in place and the staffing needs of the department and make an evaluation with recommendations. The cost of such a study may be in the range of $10,000 - $20,000. Chairman Greer asked for direction from the Board. Commissioner Davis suggested that in order for the study to be valid, the engineering firm that is hired needs to be totally independent of New Hanover County. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to authorize the County Manager to contract with a consulting engineering firm to perform a study of the Engineering Department's policies and procedures and staffing needs in an amount not to exceed $20,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF REFINANCING 1997 BONDS FOR CAPITAL PROJECTS Chairman Greer reported that in 1997 New Hanover County issued $23,320,000 of Certificates of Participation to finance the acquisition of land and construction of various projects. The County has an opportunity to refinance a portion of this debt (not to exceed $14,000,000). The result of this action is projected to generate a savings of approximately $41,000 per year through 2018 and does not extend the life of the debt. Staff is requesting the Board approve the resolution and direct the Clerk to the Board to publish the Notice of Public Hearing. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution authorizing the negotiations refinancing 1997 bonds for capital projects and to direct the Clerk to the Board to publish the Notice of Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.6. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 337 CONSIDERATION OF REFINANCING 2001 BONDS FOR CAPITAL PROJECTS Chairman Greer reported that in 2001 New Hanover County issued $59,390,000 of Certificates of Participation to finance various construction projects. The County has an opportunity to refinance a portion of this debt (not to exceed $27,000,000). The result of this action is projected to generate a savings of approximately $48,000 per year through 2019 and does not extend the life of the debt. Staff is requesting the Board approve the resolution and direct the Clerk to the Board to publish the Notice of Public Hearing. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution authorizing the negotiations refinancing 2001 bonds for capital projects and to direct the Clerk to the Board to publish the Notice of Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 22.7. APPOINTMENT OF A VOTING DELEGATE FOR THE NATIONAL ASSOCIATION OF COUNTIES 2005 ANNUAL CONFERENCE Chairman Greer reported that the Commissioners have been requested to appoint a voting delegate for the National Association of Counties Annual Conference to be held on Ju1y 15-19, 2005, in Honolulu County, Hawaii, and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to nominate Robert G. Greer as the New Hanover County voting delegate for the National Association of Counties 2005 Annual Conference to be held on July 15-19,2005, in Honolulu County, Hawaii. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called for a break at 6:45 p.m. until 7:00 p.m. PUBLIC HEARING TO RECONSIDER A REQUEST BY SONJA POWELL TO REZONE APPROXIMATELY 4.0 ACRES OF PROPERTY AT 4133 BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO 1-1 LIGHT INDUSTRIAL (Z-776, 04/04) Chairman Greer opened the Public Hearing and reported that this matter was heard by the Board of Commissioners in June and July of 2004, was denied and appealed to Superior Court. The Court has remanded the matter back to the Board for further proceedings. Planning Director Hayes reported that this is a rezoning request from Sonja Powell to rezone approximately 4 acres of property located at 413 3 Blue Clay Road from R -15 to I-I Industrial stating that uses permitted for light industrial are more compatible for smaller parcels where industrial flex space, professional offices, contractors or retail services might locate. The Planning Board, at their May 2004, meeting recommended approval by a 3 to 2 vote, Staff recommends approval. Commissioner Davis clarified that Staff considered the rezoning request to be compatible with the adjacent R-15 zoning and the land use plan. Grady Richardson, attorney representing Sonja Powell, entered into the record the following exhibits: . Exhibit One - Consent Order stating ownership of the property . Exhibit Two - Survey of the property . Exhibit Three - E-mail from Dr. Sandra Grady Yates representing the Grady heirs stating support of Sonja Powell's request for rezoning and requesting that adjacent property owner Nadine Brimage be protected from her property being negatively impacted. . Exhibit Four - E-mail from Dr. Sandra Grady Yates representing the Grady heirs requesting that the Powell family, at their cost, develop the roadway to the Grady Cemetery. . Exhibit Five - Order by Judge Cobb All the owners of the property are in agreement to the rezoning of the property. Commissioner Davis clarified with Mr. Richardson that once the consent order has been effectuated, Sonja Powell will own the 3.67-acre track and the Grady heirs will own the .44-acre tract. The Grady heirs are in support of the rezoning. Mr. Richardson stated that he has contacted Ms. Nadine Brimage and offered to meet with her to address her concerns; Ms. Brimage declined his offer. The jail and juvenile center are located in the same vicinity with public transit available for the families and friends seeking bail for those that have been arrested. Ms. Nadine Brimage, resident of 3810 Juvenile Center Road, spoke in opposition to the rezoning request by Sonya Powell. She was concerned about the bail bondsman business that would be allowed on the property if it was zoned to 1-1. She was also concerned about water and sewer issues and the lack of transportation for inmates after NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 338 being released by the bail bondsman. She questioned why a building was demolished and a driveway cut on the proposed property without the proper permits and requested the Board to deny the request for the rezoning. Mr. Richardson responded that the building that was demolished was on the subject property with the Grady heirs admitting that they did not have a right to the building. Jim Vithalani, an engineer representing Sonja Powell, stated that all required DOT permits were in place for the driveway cut. Mr. Richardson stated that the driveway cut permit was obtained in the name of their corporation. Additionally, currently in place are New Hanover County septic tank permits and the City of Wilmington water services permit. Commissioner Pritchett stated that the bail bondsman business has been operating out of a truck on this property for quite some time. Larry Powell, joint owner of the property, stated that he was not aware of any business being operated on the property. The vehicle with the signage was for advertisement purposes only. A security guard was on site to protect the vehicle. Mr. Richardson stated that the rezoning is appropriate to abut with the R-15 zoning and includes severe buffer requirements. Ms. Brimage stated that she did not feel it was in her best interest to meet with Mr. Richardson. The driveway permit had been applied for but had been denied and needed correction before it could be approved. Mr. Richardson requested that Ms. Brimage's statement concerning the driveway permit be stricken from the record. The appropriate departments will oversee the permit issues if the Board approves the rezoning. Commissioner Pritchett asked Planning Director Hayes if the Board can require security fencing around the property. Planning Director Hayes replied that the developer has the choice of buffer material used within the I-I zoning and does not specify fencing. Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Sonja Powell to rezone approximately 4 acres of property located at 413 3 Blue Clay Road from R -15 Residential to I-I Light Industrial. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book 11, Section 8B, Page 56. PUBLIC HEARING TO CONSIDER A REQUEST BY ANDREW HALL ON BEHALF OF YVONNE JOHNSON TO REZONE APPROXIMATELY 2.80 ACRES OF PROPERTY AT 649 PINER ROAD FROM R-15 RESIDENTIAL TO 0&1 OFFICE AND INSTITUTIONAL (Z-788,0l/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to present the Staff summary. Planning Director Hayes reported that the petitioner is requesting to rezone 2.8 acres from R -15 Residential to 0&1 Office and Institutional. The subject property is located on the north side of Piner Road across from the service entrance for the old Wal-Mart shopping center. In February 1999, the adjacent lO-acre tract to the east was rezoned to 0&1 Office and Institutional. The back or north end of the property abuts three homes in the Woodduck Subdivision. The five lots between the subject property and the Commercial Node at Monkey Junction are zoned R- 15 Residential and one of those lots is occupied by a church. Staff recommends approval given the established land use and zoning pattern in the area and due to consistencies with certain Comprehensive Plan goals and traffic counts in excess of 14,000 average trips per day on Piner Road. Office and Institutional Zoning has been used as a transition between commercial development and residential development. The Planning Board recommended approval of the request by a vote of 6-0. Commissioner Davis clarified with Planning Director Hayes that the rezoning request was consistent with the land use plan. Chairman Greer asked if anyone from the public wished to speak on the request. Andrew Hall, with Sound Investments LLC, stated that he has purchased the property in the name of his company and is requesting the rezoning. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 339 Phillip Burriss, an adjacent property owner, spoke in opposition stating concerns on the buffer that is required. Mr. Hall stated that he has met previously with the adjacent property owners, including Mr. Burriss, and felt like their concerns had been addressed. Chairman Greer stated that if the rezoning is approved the property would be subject to restrictions specific to 0&1 Office and Institutional zoning and directed Planning Director Hayes to provide Mr. Burriss with the 0&1 restrictions. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by Andrew Hall on behalf of Yvonne Johnson to rezone approximately 2.80 acres of property at 649 Piner Road from R-15 Residential to 0&1 Office and Institutional. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 67.1. BREAK Chairman Greer called for a break at 8:05 p.m. until 8: 10 p.m. PUBLIC HEARING TO CONSIDER THE REQUEST BY STOCKS LAND SURVEYING ON BEHALF OF DOUG MUHLE TO LOCATE A TEN-SLIP BOAT FACILITY IN AN R-20 RESIDENTIAL DISTRICT LOCATED AT 7431 DUNBAR ROAD, MIDDLE SOUND COMMUNITY (S-529,05/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes T. 1. Tomlinson Derek Danford Doug Muhle James Taylor Sean Ricketts Don Joseph Bill Raney James Roy Blake Al K warziany Donna Hogan Alton Lennon Scott Rader Lloyd Roberts Raymond Pitts Planning Director Hayes reported that at the Planning Board meeting on May 5, 2005, a number of Bayshore Estates residents opposed the petitioner's request to create a ten-slip community boating facility. The residents voiced concerns of additional boat traffic, adequate navigational water near the proposed facility, and environmental challenges. The residents presented a petition opposed to the request. The Planning Board voted 4-2, to approve a modified design for the ten-slip boat facility. Planning Director Hayes presented the following findings of fact: 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 currently known as Pages Landing subdivision will be served by County sewer and private wells. B. The site is located within the Ogden VFD. C. Access to the boating facility will be conferred to the residents of the subdivision. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The subject property is located in an R-20 Residential Zoning District. B. The land is classified as Resource Protection and Conservation on the County's 1999 Land Use Plan. Community boating facilities are permitted by Special Use Permit in the R-20 Zoning District. C. The Zoning Ordinance requires that the petitioner demonstrate that the project will have minimum impacts on water quality and conservation resources. A major CAMA Permit will be required for the ten-slip community boating facility. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 340 D. The number of boat slips must not exceed the number of residential lots as presented. E. Commercial activities shall be strictly prohibited. 3. The Board must find that the use will not substantially injure the value of adjoining property or that the use is a public necessity. A. The surrounding land use is residential consisting of single-family stick built homes and a mobile home park. B. Other private residential piers exist 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. New Hanover County land use policies encourage the consolidation of riparian access. B. Boat lifts are proposed for each slip. Many nearby private boating facilities utilize boatlifts. Commissioner Davis clarified with Planning Director Hayes that the proposed project was consistent with the land use plan. Commissioner Davis asked what concerns the two planning board members voiced. Planning Director Hayes stated that their concerns were the depth of water and the environmental impact. Commissioner Kopp clarified with Planning Director Hayes that if the Board approved the request the developer would then need to obtain a major permit from CAMA. Chairman Greer asked if anyone from the public wished to speak on the request. Doug Muhle, Developer with ECI, stated he was requesting the special use permit to locate a ten-slip boat facility with lifts in an R-20 Residential District. He requested the Board approve the special use permit and allow him to apply to CAMA for a major permit. At that time experts would decide whether the project was feasible. Commissioner Davis requested clarification on the water depths at low and high tide. Mr. Muehle reported that low tide water depth is approximately I-foot with the creek tidal fluctuation at high tide estimated to be 4.5 feet. The proposed pier would be approximately 30 to 40 yards from the secondary channel. James Taylor, representing Southern Environmental Group, Inc. spoke on the CAMA major permit process and requested his client have the right to that process. Bill Raney, attorney representing Patrick White, stated that he has been coordinating the comments of homeowners opposed to the proposed special use permit. He stated that according to the law, the proposed special use permit is appropriate for the Board to rille on. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property; and 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. The applicant must demonstrate that the project will have mInImum impacts on water quality and conservation resources. The photographs will show that this is not the case with the proposed project. There are not piers there because it is not suitable. He stated that the water depths were reported incorrectly and at high tide there is approximately 2.5-feet of water. Raymond Pitts, resident of 808 Seven Oaks Drive, presented slides showing the proposed project. He stated that the tide depth of the creek is not sufficient to accommodate the special use permit. Scott Rader, a resident of Bayshore Estates, presented slides showing low tide at Pages Creek stating that the request is out of character with the surrounding area. James Taylor, representing Southern Environmental Group, Inc. and the Petitioner, stated that in his opinion property values will not be harmed. The developer desires to meet all County requirements and minimize any negative effects on the waterway and will be willing to change his design to meet requests. Mr. Raney stated that this is not a suitable location for the proposed use, that the proposed project will injure the property values of adjoining property and that it is not in harmony with the surrounding area and will negatively impact the environment. Chairman Greer clarified with Mr. Raney that the channel is open for boaters. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 341 Commissioner Kopp asked Mr. Raney to clarify that if the Board denies the special use permit, the developer could then put in sixteen dock slips. Mr. Raney stated that was not correct. CAMA general permit requirements normally allow for a single- family residential pier be limited to two dock slips but there is a provision that allows an application to be pulled if a determination is made the project may significantly affect conservation values identified by CAMA. The developer's proposed use does not meet the standards of the County's ordinance. Planning Director Hayes reported that once the County approves the subdivision plan the water front property owners would have to obtain a CAMA general permit for a pier with two dock slips. Derek Danford, representing Stock Surveying, Inc. and the petitioner, stated that it is possible to have four waterfront lots that could each have a pier with two dock slips. Commissioner Pritchett clarified with Planning Director Hayes that the Pages Creek water quality is good and the oyster beds are closed. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED to approve the request to locate a ten-slip boat facility in an R-20 Residential District located at 7431 Dunbar Road. No second was received. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request to locate a ten-slip boat facility in an R-20 Residential District located at 7431 Dunbar Road with the condition that boats would be limited to fifteen feet with no more than a ten horsepower motor. Substitute Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to deny the request to locate a ten-slip board facility in an R-20 Residential District located at 7431 Dunbar Road based on the finding of facts that the location and character of the use if developed according to the plan as submitted and approved would not be in harmony with the area in which it is to be located and would not be in general conformity with the plan of New Hanover County. Chairman Greer called for a vote on the substitute motion. Upon vote, the SUBSTITUTE MOTION CARRIED 3 TO 2. Commissioner Davis, Commissioner Kopp and Commissioner Pritchett voted in favor. A copy of the order denying the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 34.1. PUBLIC HEARING TO CONSIDER REQUEST BY BLANCHARD ATTORNEYS FOR CINGULAR WIRELESS TO LOCATE A 180-FOOT MONOPOLE ANTENNA IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 4610 CAROLINA BEACH ROAD (S-530,05/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Karen Prather Don Joseph Planning Director Hayes reported that Blanchard et al attorneys for Cingular Wireless are requesting to locate a 180-foot monopole antenna in an R-15 Residential District located at 4610 Carolina Beach Road behind the Moose Lodge. At the Planning Board's May 5, 2005, meeting no one spoke in opposition to the request. The Planning Board voted 5-1 to recommend approval. One Planning Board member was concerned about the large number of communication towers in the County. Planning Director Hayes presented the following findings offacts: 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. No water and sewer service will be needed by this communications facility. B. The site will have access from Carolina Beach Road (US Highway 421 South) via a 12' wide gravel drive within a 20' access & utility easement. C. The site is served by the Myrtle Grove VFD. D. The tower compound area (10,000 sq ft) will be secured by a 8' high chain linked fence. E. The fenced in compound will be set back on three sides by a wooded area. F. The tower will be set back approximately 790' from Carolina Beach Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 342 G. Additional trees (Burford Holly) will be planted in front of the compound in the buffer area. H. The tower compound will not be located closer than 50' from any residential property line. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The tower site is zoned R-15 Residential. Telecommunication towers are permitted by Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. C. The proposed tower will also comply with all FAA regu1ations. D. The tower will be constructed to accommodate co-location. E. A site plan in accordance with the requirements of the New Hanover County Zoning Ordinance has been submitted. F. Documentation of a suitable existing facility within the coverage area for co-location has been submitted. 3. The Board must find that the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that this tower compound will decrease property values or exist as a health hazard to residents who live 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 1999 Land Classification Plan identifies this area as Developed. B. No County regulated conservation or historic resources have been identified on site. Commissioner Davis clarified with Planning Director Hayes that the proposal was consistent with the land use plan and staff did not have any concerns. Chairman Greer asked if anyone from the public wished to speak on the request. Karen Prather, attorney representing Cingular Wireless, stated that the proposed project meets all requirements, provided an overview of the project, and concurred with the findings of facts. Don Joseph, representing the Wilmington Moose Lodge, stated being in favor of the proposed project. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Blanchard et al attorneys for Cingular Wireless to locate a 180-foot Monopole Antenna in an R-15 Residential District located at 4610 Carolina Beach Road based on staff recommendations and the findings of facts. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 34.2. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:35 p.rn. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:54 p.rn. NON-AGENDA ITEMS Chairman Geer 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. Items Presented by County Manager O'Neal Release of Room Occupancy Tax Funds to the City of Wilmington Convention Center Finance Director Bruce Shell reported that on Tuesday, May 31, 2005, the Tourism Development Authority approved the release of funds to the City of Wilmington to build a convention center in downtown Wilmington. The City has requested the release of such funds. A budget amendment is required in order to disburse the funds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 6, 2005 BOOK 30 PAGE 343 Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to approve Budget Amendment #05- 0243 to establish a budget for transferring Room Occupancy Tax funds to the City of Wilmington to build a convention center. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #05-0243 - Room Occupancy Tax Adiustment Debit Credit Appropriated Fund Balance (ROT fund) Special Account - Wilmington $1,752,116 41,752,116 Explanation: To establish budget for transferring ROTS - second 3% to the City. Fund for Site Selection Study for Parks Land for Parks/Schools Complex in Northern Section of County County Manager O'Neal reported that the recently approved bond referendum will fund a school site in the Northern Section of the County. If the Commissioners want a Parks/School Complex, similar to Veterans Park, the County will be responsible for funding the Parks Portion of the complex. After brief discussion and clarification that the funds requested were not for the purchase of land, Chairman Greer asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve budget amendment #05-0244 not to exceed the amount of $100,000 for the initial Site Study of Parks Land for SchoollParks Complex in Northern Section of County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment - #05-0244 - FinanceIParks Adiustment Debit Credit Finance: Sales Tax 1 Cent Parks: Contracted Services $100,000 $100,000 Explanation: To budget greater than anticipated sales tax revenue for initial site study for parks land to compliment school site for a northern Parks/School campus similar to Veteran's Park. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: TDA meeting, Convention Center Task Force meeting, Water Development Task Force meeting, Legislative briefing, CAMA Land Use Plan meeting, Consolidation meeting of the water and sewer system, and Fire Service issues meeting. Items Presented by Commissioner Pritchett Commissioner Pritchett announced that she attended the following meetings and events: Reception for the East Carolina Chancellor, Habitat for Humanity breakfast, served as judge for senior projects at New Hanover High School, spoke with the CONA Council of Neighborhood Association, the Library Foundation reception, represented the County at the Maritime Day at the Port, Institute of Political Leadership Conference on state budgetary issues, the Arboretum Senior Citizens Day, Partnership for Children meeting regarding health insurance for all children, the Day Treatment Center awards and graduation ceremony, and spoke at the Post 10 Memorial Day service. Items Presented by Chairman Greer Chairman Greer requested that Staff evaluate Animal Control employees' work schedules and perhaps propose alternative schedules to cover evenings and weekends. Chairman Greer requested that Staff bring back a report on the responsibilities of the Health Department's Environmental Health Inspectors. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 10:20 p.rn. Respectfully submitted, Sheila L. Schult Clerk to the Board