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2005-08-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 367 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 1, 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 Steven E. Hein, St. Andrews Covenant Presbyterian Church, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer announced that Item 7 - Approval of Riverside Community Building Rental Fee Increase has been pulled and asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. 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: Regular Meeting - July 11, 2005 Adoption of Resolutions to Add Southeast Harbor Drive, Possum Place, English Landing and Wax Myrtle Court in Southeast Harbor Subdivision and Marsh Reach Drive and Folly Island Court in Marsh Oaks Subdivision to the State Highway System The Commissioners adopted the resolutions to add Southeast Harbor Drive, Possum Place, English Landing and Wax Myrtle Court in Southeast Harbor Subdivision (Div. File No: 1064-N) and Marsh Reach Drive and Folly Island Court in Marsh Oaks Subdivision (Div. File No: 1066-N) to the State Highway System. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIX, Page 25.1. Approval of Request by the Arboretum Foundation to Use One County Free Day at the Coastline Convention Center for the 2006 Wilmington Garden Show The Commissioners approved the request by the Arboretum Foundation to use one County free day at the Coastline Convention Center during the 2006 Wilmington Garden Show. The use of one free day enables the Foundation to apply the saved funds directly to Arboretum projects and operations. Ratification of Proclamation to Declare July 30 - August 5, 2005 as Coast Guard Week in New Hanover County The Commissioners ratified the adoption of the proclamation declaring July 30 - August 5, 2005 as Coast Guard Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 25.2. Adoption of Proclamation to Declare November 1, 2005 as Medical-Surgical Nurses Day in New Hanover County The Commissioners adopted the proclamation declaring November 1, 2005 as Medical-Surgical Nurses Day in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 25.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 368 Approval of Bank of America Commercial Segment Deposit Account Signature Card and Declaration for Public Entities The Commissioners approved the Bank of America Commercial Segment Deposit Account Signature Card and Declaration for Public Entities for New Hanover County Department of Social Services Trust Client. Authorization to Submit Application to the North Carolina Department of Crime Control and Public Safety, Redevelopment Center for 2005 New Hanover County Hurricane Assistance Program Funds The Commissioners authorized the Planning Department to submit an application to the North Carolina Department of Crime Control and Public Safety, Redevelopment Center for 2005 New Hanover County Hurricane Assistance Program Funds. New Hanover County was recently designated for State Declared Disaster Assistant Program for hurricanes Charlie and Bonnie. If awarded, up to eighteen households may be eligible for housing rehabilitation or replacement assistance. Approval of Budget Amendment #06-0004 - Public Safety/Information Technology/General Revenues The Commissioners approved the following budget amendment: Budget Amendment #06-0004 - Public Safety/Information Technology/ General Revenues Adjustment Debit Credit General Fund: General Fund General Revenue: Transfer in Special Revenue Funds Information Technology: Contracted Services Wireless 911 Fund: Other Funding Sources: Appropriated Fund Balance Wireless PS Communication: Transfer to General Fund Emergency Telephone Fund: Other Financing Sources: Appropriated Fund Balance Public Safety Communications: Transfer to General Fund $150,000 $150,000 $ 60,000 $ 60,000 $ 90,000 $ 90,000 Explanation: To budget Emergency Telephone (Wireline 911) and Wireless 911 Funds to contract for new color aerial orthophotography to aid in the update of existing address and street centerline mapping for use in County Public Safety Communications Center. REGULAR AGENDA CONSIDERATION OF PROCLAMATION DECLARING AUGUST 2005 AS CHILD SUPPORT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Carla West, Program Manager from New Hanover County Child Support Agency has requested the Board proclaim August 2005 as Child Support Awareness Month in New Hanover County. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring August 2005 as Child Support Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 25.4. PUBLIC HEARING TO RECONSIDER A REQUEST BY SAMM, INC. ON BEHALF OF MATTOCKS ET AL TO REZONE APPROXIMATELY 16.81 ACRES OF PROPERTY LOCATED BETWEEN THE 8600 AND 8700 BLOCKS OF MARKET STREET, EAST SIDE FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS AND APPROXIMATELY 9.22 ACRES OF PROPERTY FROM R-15 RESIDENTIAL/B-l NEIGHBORHOOD BUSINESS TO B-2 HIGHWAY BUSINESS (Z-799, 06/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes give the staff presentation. Planning Director Hayes reported that Samm, Inc. on behalf of Mattocks et al was requesting to rezone approximately 16.81 acres of property located between the 8600 and 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-l Neighborhood Business to B-2 Highway Business. At their regular meeting on July 11,2005, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 369 Board of County Commissioners accepted the applicant's request to continue Rezoning Case Z-799, 06/05 until the August 1, 2005 meeting. This rezoning petition involves a total of nine landowners and two different requests. The first involves eight landowners with a total of 16.81 acres requesting a rezoning from R-15 Residential to B-1 Neighborhood Business. The second involves one landowner with a total of 9.22 acres requesting a rezoning from R-15 Residential and B-1 Neighborhood Business to B-2. Both requests will have access from the Market Street service road that runs parallel to the property. This service road is a part of the Highway 17 Bypass (1-140) that is projected to be competed in fall, 2006. The land classification is listed as Resource Protection due to the proximity to Futch Creek. The extension of public water and sewer lines has recently been installed due to the residential growth in the Porters Neck area, especially along Futch Creek Road. The Porters Neck Shopping Center, Oak Landing Shopping Center, and a variety of medical services located near the intersection of Porters Neck Road and Market Street serve the needs of the Porters Neck Community. All of these services have direct access to Market Street. The Planning Board, at their June 2, 2005 meeting, recommended approval of a portion of the rezoning request from R-15 to B-1 with the remaining rear portion remaining R-15 and rezoning all of the 9.22 acres of property owned by the King family from R-15/B-l to B-2. The vote was 4-1. One Board member questioned the size of the request and the need for additional commercial development. No one spoke in opposition to the proposal at the meeting. Staff recommends denial to both requests due to another retail center being planned for the Market Street crossover at Kirkwood where a relocated hardware store is about to open. These two retail centers should provide more than adequate services for the nearby neighborhoods. Commercial development that will need to enter and exit from the four-lane divided highway should be discouraged. Commissioner Davis clarified with Planning Director Hayes that access to the proposed property will be from a service road off of Market Street and that a traffic study has not been conducted although NCDOT may reqUIre one. Planning Director Hayes stated that he did not know the specific use of the proposed project and depending on that use it mayor may not meet the criteria of one hundred trips per peak hour. Staff did not feel that that projected rezoning was consistent with the land use plan. Commissioner Pritchett clarified with Planning Director Hayes that the recommendations from the Highway 17 Bypass task force concurred with the Staff recommendation for denial and that Staff would like to limit the number of projects and impervious surface to maintain the water quality of Futch Creek. Chairman Greer clarified with Planning Director Hayes that extending the service road along Market Street would be beneficial in limiting traffic accessing Market Street. Chairman Greer asked if anyone from the public wished to speak on the request. Eugene C. Hines, presented a family history and his great-grandfather's acquisition of the property. He stated that the proposed project would enhance the value of the surrounding property, add to the County's tax base and enhance the quality of life in the community. He requested the Board approve the rezoning request and stated that he is in agreement with the modifications recommended by the Planning Board. Steve Hall, a resident of the Porter's Neck area, stated that he is in favor of the rezoning request. The expansion of basic services will be a benefit to the residents and a great addition to the area. Jerry Covil, a resident of 8422 Market Street, recognized those that were in attendance in favor of the rezoning request. He stated that they are in favor of the request because it will limit traffic on Market Street and allow residents to conduct business closer to home. He requested the Board approve the rezoning request. Tim Fuller, on behalf of Samm, Inc,. requested that the Board consider the current property owners who are making the request because it is unlikely that the property will be developed as residential single-family homes with the highway over-pass across Market Street. The neighboring property owners have spoken in favor of the request wanting more basic services closer to home. The Planning Board approved the request 4 to 1 with the modification that the back portion of the property remain zoned R -15. The request is consistent with the Land Use Plan placing commercial services within close proximity to the market they serve. It will be a highly regulated development following Federal, State and County regulations. He requested the Board approve the rezoning request. Paula Bushardt, on behalf of the Northeast New Hanover Conservancy, recognized those that were in attendance in opposition to the request. She spoke on the need to protect the marshes by controlling development and on the impact development has on the environment. She requested the Board deny the rezoning request and stay with the currently established nodes for commercial development. Nancy Jones, on behalf of Porter's Neck Quality of Life Homeowners Association, urged the Board to follow the 1999 Comprehensive Land Use Plan. She stated that there may not be a need for the services provided in the proposed project and that traffic safety issues are a concern. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 370 Jane Kopczynski, on behalf of the Council of Neighborhood Associations, read a resolution into the record requesting the Board to deny the request sighting traffic safety and environmental concerns. Ann Griffith, member and on behalf of the Board of Directors of the Cape Fear River Watch, read a statement requesting the Board to deny the rezoning request sighting environmental concerns. John Barnhill, owner of Scotts Hill Hardware, stated that he was present to listen to the proceedings. Betty Bauereis, resident of Porter's Neck, requested the Board deny the rezoning request stating environmental concerns for Futch Creek and Foy Creek and retaining the quality of life keeping the area residential. Chairman Greer asked for rebuttal comments. Mr. Fuller spoke on environmental concerns and responsible development. The proposed project will bring continuity to the commercial zoning in the area and fill in a blank at a major intersection and bring basic services to the community. The portion not approved for rezoning will be developed as a single-family residential subdivision. He requested the Board approve the request. Ms. Bushardt stated that they are against any commercial development on the east side of Market Street from Futch Creek to the Pender County line and suggested the property owners develop the property as currently zoned. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Chairman Greer clarified with Planning Director Hayes that storm water regulations are the same for commercial and residential development but that a larger storm water system would need to be installed for commercial development with stringent state regulations in place because of the pristine water quality of Futch Creek. Commissioner Pritchett clarified with Planning Director Hayes that the east side of Market Street, in that area, is more environmentally sensitive than the west side. Commissioner Kopp clarified with Planning Director Hayes that the more stringent regulations exist because it is a more environmentally sensitive area and that service roads are a preferable concept to access Market Street than straight driveways. Commissioner Davis clarified with Mr. Fuller that they have not conducted a traffic analysis. A NCDOT traffic analysis has been done but was focused on the residential development to the east. Mr. Fuller stated that the proposed project would most likely generate more than one hundred trips per day. Chairman Greer clarified with County Attorney Wanda Copley that the Board can approve the rezoning request based on the opening date of the 1-140 by-pass and access road. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve rezoning approximately 16.81 acres of property located between the 8600 and 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and approve rezoning approximately 9.22 acres of property from R- 15 Residential/B-l Neighborhood Business to B-2 Highway Business with the Planning Board's recommended modifications and with the effective date of the rezoning to be the NCDOT opening date of the 1-140 by-pass and access road. Substitute Motion: Commissioner Pritchett MOVED, to deny the rezoning request and recommend that the property be used for a County park. NO SECOND WAS RECEIVED. Chairman Greer called for a vote on the motion. Upon vote, the MOTION CARRIED 3 to 2. Commissioner Davis and Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 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 56. BREAK Chairman Greer called for a break at 7:05 p.m. until 7: 18 p.m. PUBLIC HEARING TO CONSIDER THE REQUEST BY WITHERS & RAVENEL ON BEHALF OF GULF STREAM FOODS OF NORTH CAROLINA TO REZONE APPROXIMATELY 1.07 ACRES OF PROPERTY LOCATED AT 6 SILVA TERRA DRIVE AND 4624 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO CD (0&1) OFFICE AND INSTITUTIONAL (Z-798, 06/05) 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 371 The following persons were sworn in: Dexter Hayes Cindee Wolf Mark Boyd Ron Robinson Planning Director Hayes reported that Withers & Ravenel, on behalf of Gulf Stream Foods of NC, Inc. is requesting to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive and 4624 Carolina Beach Road, from R-15 Residential to CD (0&1) Office and Institutional. The subject property consists of two adjoining parcels of land located at the northwest corner of Silva Terra Drive and Carolina Beach Road. Road frontage of the two parcels along Carolina Beach Road is approximately 200 feet and along Silva Terra Drive approximately 240 feet. Surrounding land use patterns (residential - Silva Terra) to the west, north and south have not changed since the original zoning in 1971. Across Carolina Beach Road is a CD (B-1) District that was created in 2003 and most recently a CD (0&1 District) was approved 400 feet south of Silva Terra Drive on the west side of Carolina Beach Road. An additional 0&1 District is located approximately 1,800 feet south of the subject property at the corner of Horn and Carolina Beach Roads. The Planning Board at their regular meeting on July 7,2005 recommended denial of the applicant's petition by a vote of 4-2. The applicant has appealed. No one was present in opposition, however, a Silva Terra resident across the street from the rezoning request provided written concerns about increased traffic and noise if the proposal was approved. Board members agreed that the change would lead to further encroachment into the neighborhood and that the property could be refigured for residential use. 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. The site will be served by public water and sewer. B. The site is located in the Myrtle Grove Fire District. C. The site has access from Carolina Beach Road. D. The site is not located in a 100-year flood zone. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan consisting of an 8,000 square foot office building has been submitted for review. B. Access to the proposed building will be from Silva Terra Drive as noted on the plan. C. All setbacks and bufferyards can be met as presented by the applicant. D. Based on the information presented, a traffic impact analysis is not required. E. Regulated trees will be preserved. F. No conservation or historical resources are located on the site. G. A total of twenty-nine parking spaces will be provided; twenty spaces are required. 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. Residential homes are located to the west and south of the property. Adequate buffering with landscaping, fences, and low-level lighting will provide protection to adjoining landowners. B. The adjoining property to the north is presently vacant. C. No evidence has been presented to date that the 8,000 square foot facility will decrease the value of adjoining property. 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 Use Plan identified the area as developed. The purpose of the Developed Class is to provide for continued intensive development of existing urban areas. B. Currently, the property is vacant. C. The property across from Carolina Beach Road was recently rezoned to CD (B-1) neighborhood Business. Planning Director Hayes stated that Staff recommends the Board deny the request and the property remain residential due to the small size of the site and the County's policies for discouraging striping out parcels ofland to commercial and office use along major arterials, and considering the negative affects on the remaining residential lots at the Silva Terra entrance. Commissioner Davis clarified with Planning Director Hayes that Staff did not feel that the use was consistent with the Land Use Plan stating that if the lots are reconfigured they could be used for residential development. Chairman Greer asked if anyone from the public wished to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 372 Cindee Wolf, representing Withers & Ravenel, on behalf of Gulf Stream Foods of NC, Inc. stated that the plan for the proposed project is to develop an 8,000 square foot low-country style professional office building with extensive buffering and lighting for security. The hours of operation would be 7 a.m. to 6 p.rn. Silva Terra Drive is scheduled to be widened to four lanes and even with the lots being reconfigured they will not be suitable for residential development. Ronald Robinson, representing Star One and Mac Thrift Office Furniture, stated that the proposed project is to develop a professional office building and that he agrees with the findings of facts. He requested the Board approve the rezoning request and special use permit. Mark Boyd, a property owner for ten years in Silva Terra subdivision, stated that he was in favor of the request. Commissioner Pritchett clarified with Mr. Robinson that approximately 4,000 square feet of the space will be used as a showroom with no warehouse use or truck delivery. A real estate company, insurance company and doctor's office have shown interest in the remaining space. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers & Ravenel, on behalf of Gulf Stream Foods of NC, Inc. to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive and 4624 Carolina Beach Road, from R-15 Residential to CD (0&1) Office and Institutional. Upon vote, the MOTION CARRIED 3 to 2. Chairman Greer and Commissioner Davis voted in opposition. 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 67.2. Planning Director Hayes reported that the developer across from the proposed project had asked the Planning Board to make one of the conditions of approval be that the Plaintiff would share in the cost of the Silva Terra Road improvements. The Planning Board did not vote to approve the request. Ms. Wolf stated that the Petitioner will file for the necessary permits and be responsible for any improvements required by NCDOT. Chairman Greer clarified with Mr. Robinson that he agreed with the findings of facts and called for a motion to grant a Special Use Permit. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Withers & Ravenel, on behalf of Gulf Stream Foods of NC, Inc. to locate an 8,000 square foot office building with road access from Silva Terra Drive as recommended by the Planning Board based upon the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 3 to 2. Chairman Greer and Commissioner Davis voted in opposition. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 36.1. PUBLIC HEARING TO CONSIDER REQUEST BY WITHERS & RAVENEL ON BEHALF OF HAROLD AND BRENDA LEONARD TO REZONE APPROXIMATELY 1.01 ACRES OF PROPERTY LOCATED AT 5203 AND 5207 CASTLE HAYNE ROAD FROM RA RURAL AGRICULTURAL TO CD (B-2) HIGHWAY BUSINESS (Z-800, 07/05) 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 Cindee Wolf Harold Leonard Jimmy Fowler Planning Director Hayes reported that Withers & Ravenel, on behalf of Harold and Brenda Leonard, is requesting to rezone approximately 1.01 acres of property located at 5203 and 5207 Castle Hayne Road, from RA Rural Agricultural to CD (B-2) Highway Business. The subject property is located on the west side of Castle Hayne Road just south of the merging intersections of Castle Hayne Road and North College Road in the Castle Hayne NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 373 Community. The existing zoning districts located nearby include RA to the west, B-2 to the northeast, and a R-20 District located southeast of the subject property. Most of these zoning districts were established when Castle Hayne was zoned in July 1985. The applicant's request is to expand the existing non-conforming use of a custom car shop that has been in operation for several years. The present operation has an existing building of approximately 2,880 square feet in size that fronts Castle Hayne Road. The proposed building expansion is detached from the existing structure and is located toward the rear of the property. The new building is proposed to contain approximately 2,400 square feet with a maximum building height of fourteen feet. An existing garage and rental home are also located on site. Staff feels that the petition to rezone the property to expand an existing non-conforming custom car shop to CD (B-2) is problematic. The County's intent on zoning the Castle Hayne area to RA Rural Agriculture was to maintain a rural setting with a low residential density. Retail services within the Community Classification are to be located within the downtown area of Castle Hayne. Residential land use is evident by existing and new homes being constructed nearby. With Prince George Creek running south of the property, environmental challenges may also exist if the proposed use were to expand. Staff recommends that the existing use of the property remain non- conforming and that the petitioner's request to rezone the property to CD (B-2) be denied. At their regular meeting on July 7, 2005, the Planning Board recommended approval of the applicant's request by a 4-2 vote with conditions. Conditions included no gas sales, increased landscaping and that the use remain as a custom car shop. Two members of the Planning Board expressed concern legitimizing a non-conforming use for expansion in a RA Rural Agricultural District. No one spoke in opposition to the request. 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. The subject property has access from Castle Hayne Road (US Hwy 117). B. A well and septic system will be utilized on site. C. The site is located within the Castle Hayne VFD. D. The site contains approximately 1.01 acres. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The project is proposed to expand an existing custom car shop. B. The existing custom car shop is 2,880 square feet. C. The proposed expansion to the car shop is 2,400 square feet with a maximum height of fourteen feet. D. Minimum setbacks and buffers shall be met in accordance with the Zoning Ordinance. E. A traffic impact study will not be required. 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 proposed zoning for the subject property is CD (B-2) Highway Business. B. The existing car shop has been in existence for several years. C. The expansion will require an upgrade to current zoning requirements and provide an overall improvement to the area. D. Buffering will be required to mitigate any effect on adjoining properties. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Community on the 1999 Land Use Plan. The purpose of the Community classification is to provide a "crossroads" type of development to help meet housing, shopping, employment and public service needs. Commissioner Davis asked Planning Director Hayes if the request was consistent with the Land Use Plan. Planning Director Hayes reported that Staff did not feel that it was not consistent with the Land Use Plan. The County's intent on zoning the Castle Hayne area to RA Rural Agriculture was to maintain a rural setting with a low residential density with retail services within the Community Classification being located within the downtown area of Castle Hayne. New homes are being constructed nearby. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolf with Withers & Ravenel, stated that the owners have been in business for over twenty years. In the past, they have been in the automotive repair business and now plan on limiting the business to a custom car shop but will need additional enclosed space. There will be less traffic with the custom car shop than there had been with the automotive repair business. No one spoke in opposition to the request at the Planning Board's meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 374 Harold Leonard, the petitioner, stated that he has been in business for over twenty years and his son will be taking over the business for him when he retires. With the change of business to a custom car shop there will be less traffic than before. Jimmy Fowler stated that he lives across the street from the proposed project and is in favor of the rezoning request. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by Withers & Ravenel, on behalf of Harold and Brenda Leonard to rezone approximately 1.01 acres of property located at 5203 and 5207 Castle Hayne Road, from RA Rural Agricultural to Conditional Use B-2 Highway Business. Upon vote, the MOTION CARRIED 3 to 2. Commissioner Davis and Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page 24.1. Chairman Greer called for a motion to grant a Special Use Permit. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Withers & Ravenel, on behalf of Harold and Brenda Leonard to expand the existing non-conforming use of a custom car shop with the following conditions: 1) no gas sales, 2) increased landscaping along the streetyard, and 3) the use remains a custom car shop as recommended by the Planning Board based upon the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 3 to 2. Commissioner Davis and Commissioner Pritchett voted in opposition. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 36.2. PUBLIC HEARING TO CONSIDER REQUEST BY OCEAN HIGHWAY BAPTIST/LffiERTY MINISTRIES TO REZONE APPROXIMATELY 2.03 ACRES OF PROPERTY LOCATED AT 7957 MARKET STREET FROM R-15 RESIDENTIAL TO 0&1 OFFICE AND INSTITUTIONAL (Z-803, 07/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes give the staff presentation. Planning Director Hayes reported that Ocean Highway Baptist/Liberty Ministries is requesting to rezone approximately 2.03 acres of property located at 7957 Market Street from R-15 Residential to 0&1 Office and Institutional. The subject property is located near the southern fringes of the Porters Neck Community, on the west side of Market Street. Several zoning districts exist near the rezoning proposal. South and west of the property is a large residential zoning district that includes the neighborhoods of Brickstone and Mendenhall. To the north and fronting the entrance to Mendenhall is an existing 0&1 District that was recently established in August, 2004. Directly across the street from the subject property is a commercial strip center within an undeveloped area of B-2 Highway Business to the north. With the construction of water and sewer lines in the Porters Neck and Ogden Communities, this area has witnessed significant residential growth during the past ten years. This residential growth has created a huge demand for goods and services. This growth has also created a significant traffic burden on Market Street with traffic counts nearing 38,000 average trips per day near Market Street and Porters Neck Road. With the completion of the 1-140 Bypass, it is predicted that this traffic increase will level off and perhaps decrease for the short terrn. The property is designated as Urban Transition by the Comprehensive Plan, and is within the Urban Growth Boundaries with water and sewer available nearby. The request for rezoning to 0&1 is a logical extension to the established 0&1 District to the north that was created in 2004. The extension of the 0&1 District at this location will solidify a transition between the more intensive commercial zoning to the north and the residential districts to the south and west. Staff recommends approval based on the current pattern of development in the area and eXIstmg institutional use of the property and the consistency with the Comprehensive Plan. The Planning Board at their regular meeting on July 7,2005 approved the applicant's request by a vote of 6-0. No one spoke in opposition. Commissioner Davis clarified with Planning Director Hayes that the traffic impact would be minimal and the request was consistent with the Land Use Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 375 Chairman Greer asked if anyone from the public wished to speak on the request. Karl Tilly, Pastor of Ocean Highway Baptist/Liberty Ministries stated that they are in the process of relocating and need to sell the property. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by Ocean Highway Baptist/Liberty Ministries to rezone approximately 2.03 acres of property located at 7957 Market Street 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 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 57. PUBLIC HEARING TO CONSIDER REQUEST BY WALTER PETE AVERY FOR GSSC, LLC TO REZONE APPROXIMATELY 4.87 ACRES OF PROPERTY LOCATED AT 2530 CASTLE HAYNE ROAD FROM B-1 NEIGHBORHOOD BUSINESS TO B-2 HIGHWAY BUSINESS (Z-804, 07/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes give the staff presentation. Planning Director Dexter Hayes reported that Walter Pete Avery for GSSC, LLC is requesting to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road from B-1 Neighborhood Business to B-2 Highway Business. The subject property is located near the southeastern intersection of North Kerr Avenue and Castle Hayne Road. The 4.87 acre tract is also located in an existing commercial node that consists of several zoning districts, namely B-2 Highway Business on the west side of Castle Hayne Road, a SC Shopping Center District established in 1991, and a B-1 Neighborhood Business District. Historically, a portion of the property was rezoned to B-1 in 2000. The subject property contains approximately 250 feet of road frontage along Castle Hayne Road with a depth of approximately 769 feet. Construction of a retail facility has already begun on site with scheduled completion later this year. Traffic counts near the property are high with 35,000 + trips on an average day at the intersection of North Kerr Avenue and Castle Hayne Road. While the Urban Transition land class does provide for future intensive urban development, rezoning to B- 2 Highway Business would only nominally increase traffic volumes in an area that is already plagued by traffic congestion. Given the current traffic situation on Castle Hayne Road with no immediate scheduled road improvements, staff recommends that the rezoning request to B-2 be scaled back to a depth of 420 feet and that parcels 5 and 13 as noted on the zoning site map be included in the request. The Planning Board at its regular meeting on July 7, 2005, recommended approval of the applicant's request by a vote of 6-0. The Board also recommended that the rezoning depth be scaled back to 500 feet from Castle Hayne Road and that parcels 5 and 13 be included as a part of the applicant's petition. One nearby resident was concerned with possible drainage impacts to his property. Commissioner Davis clarified with Planning Director Hayes that Staff is in agreement with the Planning Board's recommendation that the rezoning depth be scaled back to 500 feet from Castle Hayne Road and that site map parcels five and thirteen be included as a part of the applicant's petition and that those property owners had been notified and were not in opposition to the recommendation. He also clarified that the request was consistent with the land use plan. Chairman Greer asked if anyone from the public wished to speak on the request. Walter Pete Avery, with GSSC, LLC, stated that he agreed with the Planning Board's recommendation to scale back the rezoning depth to 500 feet from Castle Hayne Road and that site map parcels five and thirteen be included as part of his petition. James Feimster, resident on Harnett Avenue, spoke in opposition to the rezoning request stating his concerns about flooding from the subject property onto his property. Chairman Greer clarified that the rear portion of the property will remain B-1. When the property is developed, County ordinances are in place to protect the adjacent property owners' rights. Mr. Avery stated that there would be storm water pond expansion on the proposed project and that he was willing to meet with Mr. Feimster to discuss his concerns. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 376 Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Walter Pete Avery for GSSC, LLC to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road and parcels five and thirteen from B-1 Neighborhood Business to B-2 Highway Business and limit the rezoning district depth to 500 feet from Castle Hayne Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page 24.2. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY WILLIAM NIXON TO LOCATE A SINGLE WIDE MOBILE HOME IN AN R-20 RESIDENTIAL ZONING DISTRICT LOCATED NEAR 3355 DAVIS LANE, ON THE WEST SIDE OF CASTLE HAYNE ROAD (S-533, 08/05) 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 Fredrick Davis Planning Director Dexter Hayes reported that William Nixon is requesting to locate a singlewide mobile home in an R-20 Residential zoning district located near 3355 Davis Lane, on the west side of Castle Hayne Road. 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. The site will be served by well and septic system. B. The proposed use will have access off a public road - Davis Lane (SR 1920). C. The site is not located within the 100-year flood zone. D. The site is located within the Wrightsboro VFD. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Singlewide mobile homes are permitted by Special Use Permit in a R-20 Residential Zoning District. B. Setback requirements of the R-20 District for the singlewide mobile home can be met. C. No conservation or historic resources are located on the subject property. 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. Other singlewide mobile homes exist nearby. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Resource Protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B. Other mobile homes are located nearby. Chairman Greer asked if anyone from the public wished to speak on the request. Fredrick Davis, a Castle Hayne resident and adjacent property owner stated that he was concerned that Mr. Nixon would be asking for additional special use permits to locate mobile homes on this property to create a mobile home park. He requested the Board not approve the special use permit. Planning Director Hayes reported that the Petitioner was not present and therefore, was not able to agree with the findings off acts or give testimony. Chairman Greer stated that without the Petitioner being present the Board could not proceed and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to continue the Petitioner's request until the Board's September 6,2005 meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 377 PUBLIC HEARING TO CONSIDER ZONING TEXT AMENDMENT REQUESTED BY WITHERS & RAVENEL TO AMEND SECTION 50.5 OF THE TABLE OF PERMITTED USES IN THE COUNTY ZONING ORDINANCE BY ADDING "FOOD AND BEVERAGES" UNDER THE MANUFACTURING SECTION AND PERMITTING THE USE BY RIGHT IN ZONING DISTRICTS 1-1 LIGHT INDUSTRIAL, 1-2 HEAVY INDUSTRIAL, AND AI AIRPORT INDUSTRIAL (A-342, 07/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes give the staff presentation. Planning Director Dexter Hayes reported that Withers & Ravenel is requesting the County to add "Food & Beverages" with no chinmey or stack release of smoke and steam to the Manufacturing Section of the Table of Permitted Uses (Section 50.5) in the Zoning Ordinance. Under this Section, a "P" is requested to be added to Zoning Districts I-I Light Industrial, 1-2 Heavy Industrial, and AI Airport Industrial. The existing current table of uses under the Manufacturing Section list only Beverages as a permitted right in the PD Planned Development, I-I and 1-2 Zoning Districts. The Planning Board recommended approval by a vote of 6-0 for Special Use Permit only in the AI Airport Industrial District. Staff recommends that "Food & Beverages" with limitations be added to the Manufacturing Section of the Table of Permitted Uses but by Special Use Permit only in the AI Industrial Zoning District. Airport management concurred with the recommendation. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing none, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to Amend Section 50.5 of the Table of Permitted Uses in the County Zoning Ordinance by adding "Food & Beverages" with limitations be added to the Manufacturing Section by Special Use in the AI Airport Industrial District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended Section 50.5 of the New Hanover County Zoning Ordinance by adding "Food & Beverages" under the Manufacturing Section and permitting the use by special use permit in Zoning District AI Airport Industrial is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 25.5. PRESENTATION OF THE DISCOVERY PASSPORT Cape Fear Museum Director Ruth Haas and Cape Fear Museum Public Relations Specialist Suesan Sullivan reported on the Discovery Passport. The Discovery Passport is a collaborative marketing venture among area attractions that offers discounts by each participating attraction. It serves as a way that participants can promote each other. The Convention & Visitors Bureau, Cape Fear Museum, Battleship North Carolina, North Carolina Aquarium, and other attractions will put the Passport onto web sites where it can be downloaded. Currently the participants are running a field test from Memorial Day through Labor Day. For the first printing, 10,000 copies were made and distributed to each attraction, hotels, visitor centers, and key tourist touch-points. A second printing of 10,000 Passports has been done. It is hoped that the program will expand and prompt training of front desk personnel on how to best promote area attractions using the Discovery Passport. Staff is requesting that the Board of Commissioners endorse the Discovery Passport and encourage the continued support and participation by New Hanover County attractions. On behalf of the Board, Chairman Greer thanked Ms. Haas and Ms. Sullivan for the presentation and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to endorse the Discovery Passport and encourage the continued support and participation by New Hanover County attractions. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF REFINANCING 1998 GENERAL OBLIGATION BONDS Chairman Greer reported that the Board was requested to consider the Bond Order authorizing the issuance of $21,000,000 General Obligation Bonds of the County of New Hanover and requested a motion from the Board to introduce the Bond Order. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to introduce the following Bond Order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer read the Bond Order authorizing the Issuance of $21,000,000 General Obligation refunding bonds of the County of New Hanover into the record. WHEREAS, the County of New Hanover (the "County") has issued Public Improvement Bonds, Series 1998, dated August 1, 1998 and $23,100,000 of such Bonds maturing in the years 2006 to 2018, inclusive, are outstanding (the "Outstanding Public Improvement Bonds"); and WHEREAS, the Board of Commissioners of the County deems it advisable to refund all or a portion of the Outstanding Public Improvement Bonds, pursuant to and in accordance with The Local Government Finance Act; and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 378 WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows: Section 1. The Board of Commissioners of the County has ascertained and hereby determines that it is advisable to refund all or a portion of the Outstanding Public Improvement Bonds. Section 2. In order to raise the money required to refund the Outstanding Public Improvement Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the County are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $21,000,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the County's debt has been filed with the Clerk of the Board of Commissioners and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. Chairman Greer reported that the Board is requested to adopt the resolution providing for a public hearing on the Bond Order to be held on August 9,2005 at 9:00 a.m. in Room 302 in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, publication of the Bond Order with a notice of such hearing and directing the Finance Officer to file a statement of debt with the Clerk to the Board of Commissioners. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution providing for a public hearing on the Bond Order to be held on August 9, 2005, at 9:00 a.m. in Room 302 in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, publication of the Bond Order with a notice of such hearing and directing the Finance Officer to file a statement of debt with the Clerk to the Board of Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. Finance Director Bruce Shell reported that in 1998 New Hanover County issued general obligation bonds to finance a combination of School and Community College projects. The County has an opportunity to refinance this debt in an amount not to exceed $21,000,000. Due to bond market shifts, Staff will monitor the market and if appropriate, be prepared to refinance next week. If market conditions are not favorable Staff may decide to delay the refinancing until the terms are more favorable. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 25.6. BREAK Chairman Greer called for a break at 9:15 p.m. until 9:25 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:25 p.rn. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greerreconvened to Regular Session at 9:47 p.rn. Additional Items Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: Department of Social Services Board meeting, met with Staff concerning Water and Sewer District issues, Chamber of Commerce luncheon on "The Rise of the Creative Class", the Cape Fear Community College GED and adult high school graduation, the Drug Court Banquet, and represented the County at the Coast Guard Day celebration. Items Presented by Commissioner Pritchett Commissioner Pritchett announced that she attended the following meetings and events: The Chamber of Commerce luncheon on "The Rise of the Creative Class", the Ten-Year Anniversary celebration for Wilmington Health Access for Teens, the Drug Court Banquet, and the Building Responsive Communities forum at the Senior Center. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1,2005 BOOK 30 PAGE 379 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. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to consult with the County Attorney regarding a matter of litigation. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, pursuant to N.C.G.S. 143- 318.11(a)(3) to convene to Closed Session to consult with the County Attorney regarding a matter of litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 9:51 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 10:39 p.rn. Chairman Greer announced that the Board had met with the County Attorney and given her instructions about a legal matter. REGULAR MEETING RECESSED UNTIL AUGUST 9, 2005 There being no further business, Chairman Greer adjourned the regular meeting of August 1, 2005, meeting to be continued on August 9,2005, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Chairman Greer recessed the meeting at 10:40 p.rn. Respectfully submitted, Sheila L. Schult Clerk to the Board