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2006-01-09 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 488 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 9,2006, 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, Jf.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; 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 Carl Byrd, Director of the Human Relations Commission, gave the invocation. Commissioner Nancy H. Pritchett led the audience in the Pledge of Allegiance to the Flag. Chairman Greer announced that Regular Agenda Item #2.6 - Public Hearing to Consider the Validity of Original Special Use Permit Issued at 1512 Burnett Road and Item #4 - Consideration of Bid for the Purchase of the Public Safety Answering Point Telephone System for the E-911 Center have been pulled. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing none, 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 - December 19, 2005 Approval of Additional Room Occupancy Tax Funding for Kure Beach Emergency Vehicle Hatteras Ramps The Commissioners approved additional Room Occupancy Tax funding for Kure Beach in the amount of $7,751. The Board approved the original request of $52,000 on September 29, 2005 to construct two emergency vehicle Hatteras ramps. The final cost of the project is $59,751. The overrun is attributed to the need for additional backfill material and for additional roadway pads to accommodate an elevation drop. Authorization to Submit a Grant Application Letter of Intent to the Cape Fear Memorial Foundation - Health Department The Commissioners authorized the Obesity Sub-Committee of the Cape Fear Healthy Carolinians (CFHC) routed through the Health Department to submit a grant application letter of intent to the Cape Fear Memorial Foundation in the amount of $300,000 over a three-year period. If awarded, the funds will be used to contract with a coordinator, pay for administrative support, and cover basic start up expenses. No County matching funds are required; space for the two temporary employees will be provided by in-kind contribution from UNC-W. Authorization to Submit a Grant Application to the NC General Assembly for a Spanish Interpreter - Health Department The Commissioners authorized the Health Department to submit a grant application to the NC General Assembly in the amount of $20,000. If awarded, the funds will be used to hire interpreters to serve Limited English Proficiency (LEP) clients. There is a potential for three years of funding. Acceptance of Cape Fear United Way Grant Funds - Health Department The Commissioners accepted grant funds from the Cape Fear United Way in the amount of $38,000 to purchase a Panorex imaging machine for the mobile dental unit and approved the associated budget amendment. No County match is required. Budget Amendment # 06-0097 - Health Department Adjustment Debit Credit Health! Administration: Cape Fear United Way Grant Health/Mobile Dental Unit: Capital Outlay - Equipment $38,000 $38,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 489 Explanation: The Cape Fear United Way has agreed to provide the Health Department with a grant of $38,000 to purchase a Panorex imaging machine for the Mobile Dental Unit. This is a one-time grant with no County match required. The grant will end once the Panorex machine is purchased. Approval of Budget Amendments The Commissioners approved the following budget amendments: Budget Amendment # 06-0082 - General GovernmentINon-Departmental Adiustment Debit Credit General Government: Appropriated Fund Balance Non-Departmental: General Electric $550,000 $550,000 Explanation: 1) to budget initial $300,000 payment to General Electric for Global Nuclear/GE Aircraft Industrial plant. First payment is to be made upon the Company securing a building permit for capital construction for Company Facility. On May 16, 2005, the County Commissioners approved a $2.1 million incentive grant for General Electric to be paid over a 7-year period; and 2) to budget second and final $250,000 payment to General Electric Global Nuclear/GE Aircraft Industrial plant agreement approved by the Commissioners July 7, 2003 for a total of $500,000. An amount of $250,000 was carried over from FY 04-05 to FY 05-06 for the first payment of this agreement since no payment had been requested in FY 04-05. At that time it was not anticipated the second payment would also be requested and due in FY 05-06. Additional Information: With approval of this budget amendment, $7,023,981 of fund balance will be appropriated in FY 05-06. Budget Amendment # 06-0096 - Sheriff's Office Adiustment Debit Credit General Government: Appropriated Fund Balance Sheriff/Administration: Rent $53,176 $53,176 Explanation: To budget rent for the remainder of FY 05-06 for Criminal Investigation Unit to occupy current space in the old Law Enforcement Center. The lease runs through September 30, 2006. The FY 06-07 amount for three months will be $17,340. Funds will be included in the FY 06-07 Budget. REGULAR AGENDA CONSIDERATION OF PROCLAMATION DECLARING FEBRUARY 2006, AS HUMAN RELATIONS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Carl Byrd, Director of the Human Relations Commission and Chairperson of the Human Relations Commission Marla D. Rice-Evans have requested the Board declare February 2006, as Human Relations Month in New Hanover County. Commissioner Kopp read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring February 2006, as Human Relations 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 35.1. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY BLANCHARD, JENKINS ET AL ON BEHALF OF CINGULAR WIRELESS TO LOCATE A TELECOMMUNICATIONS FACILITY IN AN R-15 DISTRICT LOCATED AT 1540 MURRAY FARMS ROAD (S-537, 09/05) 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 490 Gray Styers David Lacava Richard Grindstaff Jason Malek William McKenzie Planning Director Dexter Hayes reported that the petitioner, Karen Prather, Attorney with Blanchard Jenkins Et AI representing Cingular Wireless, is requesting a special use permit to locate a telecommunications facility in an R-15 District located at 1540 Murray Farms Road. At their regular meeting on November 7,2005, the Board of County Commissioners remanded the Special Use Permit request back to the Planning Board to consider alternative or co-location sites for the 172- foot monopole. At their regular meeting on December 1, 2005, the Planning Board voted 6 to 0 to unanimously reaffirm their original recommendation for approval of the Special Use Permit with the following conditions: . Meet FAA requirements . Provide a 25 foot landscape buffer . Tower facility not interfering with road extensions from Quail Woods and Murray subdivisions. Commissioner Davis confirmed with Director Hayes that the request was consistent with the land use plan. Chairman Greer asked if the applicant would like to speak on behalf of the request. Karen Prather, Attorney on behalf of Cingular Wireless, presented the proposed project. She reported that four co-location sites were explored. All four co-location sites were found to be inadequate because the required coverage for specific areas would not be provided. She requested that the Board approve the request stating that the conditions required in the findings of facts had been met or exceeded. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Jason Malek, stated that he was representing the residents of Murray Farms subdivision. He entered into the record a packet of information including slides showing the three adjoining subdivisions as proof that above ground utilities do not exist. He stated that the proposed request does not meet the County's findings of facts because it is not in harmony with the area. He also stated concern for property values. Chairman Greer asked for rebuttal comments from the Petitioner. Ms. Prather reported that the proposed tower will be unlit and constructed of gray galvanized steel and will blend in with the trees and vegetation. She stated that the land use plan allows cell phone towers in residential areas and that all requirements have been met or exceeded. She entered into the record a real estate report from William McKenzie concluding that the location of the tower would not negatively impact property values. She requested the Board approve the request. Chairman Greer asked if there are any rebuttal comments from the opposition. Mr. Malek stated that the location of the proposed tower would not be in harmony with the area in which it is to be located. After brief discussion, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED to approve the Special Use Permit request by Blanchard Jenkins Et AI on behalf of Cingular Wireless to locate a telecommunications facility in an R-15 District located at 1540 Murray Farms Road. NO SECOND WAS RECEIVED. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to deny the Special Use Permit request by Blanchard Jenkins Et Al on behalf of Cingular Wireless to locate a telecommunications facility in an R- 15 District located at 1540 Murray Farms Road based on the evidence presented and the findings of fact concluding that the location and character of the use if developed according to the plan as submitted and approved will not be in harmony with the area in which it is to be located and not in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 4 to 1. Vice-Chairman Caster voted in opposition. A copy of the order denying the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 1.1. PUBLIC HEARING TO CONSIDER THE REQUEST BY JOE TAYLOR ON BEHALF OF WILLIAM AMBROSE TO REZONE APPROXIMATELY 4.0 ACRES OF PROPERTY LOCATED AT 6631 AND 6639 GORDON ROAD FROM 0&1 OFFICE AND INSTITUTION TO CD (1-1) LIGHT INDUSTRIAL (Z-820, 11/05) 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, JANUARY 9, 2006 BOOK 30 PAGE 491 The following persons were sworn in: Dexter Hayes Joseph Taylor William Ambrose Alen Ambrose Dennis Gan Planning Director Dexter Hayes reported that Joe Taylor on behalf of William Ambrose is requesting to rezone approximately 4.0 acres of property located at 6631 and 6639 Gordon Road from 0&1 Office and Institution to CD (1-1) Light Industrial to locate a mini storage facility consisting of three one story structures. Across Gordon Road from the subject site is an established 1-1 Light Industrial Zoning District, which has a variety of uses including convenience service stations, office and institution uses along with industrial uses. Last year, the Board of County Commissioners approved a Conditional Use 1-1 Light Industrial Park adjacent to the Gresham Place Apartments further west and along Gordon Road. Several conditions were placed on that project including a condition prohibiting mini warehouses. The zoning on the north side of Gordon Road is primarily residential. Nearby uses are predominately institutional type uses with a public park and Eaton Elementary School. Both are typically found in established neighborhoods. The subject property is in a transitional area between these land uses and the Farrington Farms subdivision to the northwest. The site is heavily wooded with several significant trees along the front. In August 2002, the Planning Board unanimously recommended approval of a rezoning request for 0&1 for a portion of the subject site. At the same meeting however the Planning Board voted 5-1 to recommend denial of a special use permit for a convenience store on the property. Ultimately, the Board of County Commissioners denied the zoning change. In November 2002, the Planning Board heard a rezoning request for B-1 Neighborhood Business which was modified to 0&1 and eventually approved by the Board of Commissioners. In August 2004 a request to rezone the same property to CD (1-1) for a mini storage facility was turned down by the Commissioners. Given its location at the entrance to Ogden Park, the triangular shape of the property and close proximity to residential and institutional uses located nearby, staff recommends that the property remain 0&1. At the Planning Board regular meeting on December 1, 2005, they voted 7 to 0 to recommend approval to rezone four acres and recommend a Special Use Permit for the location of mini-storage units in an 1-1 Light Industrial Conditional Use District with the following conditions: 1) Protection of the three significant oak trees located near the front of the property. 2) Confine the lighting to the site and away from adjoining residential neighborhoods. 3) Install an eight-foot high fence adjacent to Farrington Farms subdivision in the buffer yard. 4) Limit hours of operation to 6:00 am to 9:00 pm. 5) Install an eight-foot aluminum estate fence behind the office buildings to accommodate a larger street yard and preserve the natural tree canopy. 6) The applicant meet with the surrounding neighbors prior to the January 9, 2006 County Commissioners' meeting. Several residents spoke in opposition at the meeting. 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 is located within the Ogden VFD. B. Proposed access to the site is from Gordon Road and Ogden Park Drive. C. County water and sewer will serve the site. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The petitioner is proposing three (3) one story buildings totaling 79,887 square feet. B. The petitioner is also proposing a 1,200 square foot office building. C. A site plan has been submitted that can meet the landscaping, setback, and buffer requirements of the ordinance. However, the tree survey for the site needs to be finalized. D. Several significant trees are located on site and will need to be mitigated. 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 western property line of the subject property abuts Farrington Farms subdivision which is in a R -10 District. Zoning on the adjacent parcels to the east is 0&1. B. Zoning across Gordon Road from the property is 1-1 Light Industrial. C. The subject property is across the street from Ogden Park and Eaton Elementary School. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 492 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 Developed on the County's 1999 Land Use Plan. The purpose of the Developed class is to provide for continued intensive development and redevelopment in existing urban areas. Commissioner Davis asked Director Hayes if staff felt the request was consistent with the land use plan and if the increase in traffic could be accommodated. Director Hayes reported that Staff did not feel that the request was consistent with the land use plan but that the increase in traffic could be accommodated. Chairman Greer asked if the petitioner wished to speak on the request. Joe Taylor, Attorney on behalf of William Ambrose, presented the proposed project stating that the traffic impact would be minimal generating approximately twenty-eight trips per day and that the neighbors concerns had been addressed. Traffic generated from the mini storage facility would be less than potential 0&1 Office and Institution uses. Chairman Greer clarified with Mr. Taylor that he was aware that anytime before the Board voted he would be allowed to withdraw the request but if the Board voted to deny the request it would be a year before the request could be brought back for Board consideration. Mr. Taylor stated that they were in agreement with the conditions set by the Planning Board, had met the neighbors and would not allow yard sales. He reported that after investigation, only two oak trees were healthy enough to be saved. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Dennis Gan reported that he represented the Farrington Farms Homeowners Association. He stated that meetings had been held with the Petitioner but that the HOA was still opposed to the project due to the increase in traffic and drainage concerns. He requested that if the project is approved, the Board limit the hours of operation and construction. Chairman Greer asked for rebuttal comments. The Petitioner, William Ambrose, stated that the hours of operation had been changed to 6 a.m. in consideration of later evening hours due to their concerns on the traffic impact. He stated that he would be willing to work with the contractor to limit the hours of construction including on Sundays and that yard sales would not be allowed. Chairman Greer clarified with Mr. Taylor that he wanted to proceed with 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 Commissioner Kopp, to approve the request by Joe Taylor on behalf of William Ambrose to rezone approximately 4.0 acres of property located at 6631 and 6639 Gordon Road from 0&1 Office and Institution to CD (1-1) Light Industrial. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Davis 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 ON JULY 7,1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 60. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the Conditional Use Permit request by Joe Taylor on behalf of William Ambrose to locate a mini storage facility in a CD (1-1) Light Industrial located at 6631 and 6639 Gordon Road based on 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 with the following conditions: 1) protection of the two significant oak trees located near the front of the property; 2) confine the lighting to the site and away from adjoining residential neighborhoods; 3) limit hours of operation to 6:00 a.m. to 9:00 p.m.; 4) install an eight-foot high fence adjacent to Farrington Farms subdivision in the buffer yard; 5) install an eight-foot aluminum estate fence Ogden Park Drive; and 6) allow no yard sales. Upon vote, the MOTION CARRIED 3 to 2. Commissioner Davis and Commissioner Pritchett voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 493 A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 1.2. BREAK Chairman Greer called for a break at 7:30 p.m. until 7:45 p.m. PUBLIC HEARING TO CONSIDER THE REQUEST BY WITHERS & RAVENEL ON BEHALF OF GROVE PARK PROPERTIES TO REZONE APPROXIMATELY 11.01 ACRES OF PROPERTY LOCATED AT 5550 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO R-I0 RESIDENTIAL (Z-822, 12/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Hayes reported that Cindee Wolf representing Withers & Ravenel on behalf of Grove Park Properties is requesting to rezone approximately 11.01 acres of property located at 5550 Carolina Beach Road from R -15 Residential to R -10 Residential. The subject property is located southwest of Monkey Junction and has road frontage along a portion of Dunhill Lane. The Dunhill Lane access connects with the Carolina Beach Service Road to the east. Brewster Place subdivision, adjacent and south of the site is zoned R-1O Residential. Properties fronting along both sides of Carolina Beach Road are zoned B-2 Highway Business and are a part of a large commercial node located at Monkey Junction. At their regular meeting on December 1, 2005, the Planning Board voted 7 to 0 to approve the request. Staff recommends approval. Commissioner Davis confirmed with Planning Director Hayes that the request is consistent with the land use plan and that an increase in traffic could be accommodated. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolf, representing Withers & Ravenel on behalf of Grove Park Properties, presented an overview of the proposed rezoning stating that water and sewer are available and the street structure is in place with interconnectivity. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request by Withers & Ravenel on behalf of Grove Park Properties to rezone approximately 11. 01 acres of property located at 5550 Carolina Beach Road from R-15 Residential to R-1O Residential. 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 ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 70. PUBLIC HEARING TO CONSIDER THE REQUEST BY LINDA AND GARY MECCIA TO REZONE APPROXIMATELY 6.0 ACRES OF PROPERTY LOCATED AT 5525 BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO 1-1 LIGHT INDUSTRIAL (Z-825, 12/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported Linda and Gary Meccia are requesting to rezone approximately 6.0 acres of property located at 5525 Blue Clay Road from R-15 Residential to 1-1 Light Industrial. The subject property is located in the northern portion of New Hanover County, on the west side of Blue Clay Road. Property abutting the petitioner's request to the north and west is zoned 1-1 Light Industrial. Several established residential neighborhoods exist along the east side of Blue Clay Road. To the south is the Yahweh Center that received a Special Use Permit several years ago. A sewer package treatment facility is located west of the petitioner's property. The County currently has plans underway to expand this system. At its regular meeting on December 1,2005, the Planning Board voted 6 to 0 to recommend approval of the petitioner's request. Staff recommends approval. Commissioner Davis confirmed with Planning Director Hayes that the rezoning request is consistent with the land use plan and that street infrastructure can handle an increase in traffic. Chairman Greer asked if anyone was present to speak in favor of or in opposition to the request. The Petitioner, Gary Meccia requested the Board approve the rezoning. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 494 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 Linda and Gary Meccia to rezone approximately 6.0 acres of property located at 5525 Blue Clay Road from R-15 Residential to 1-1 Light Industrial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7,1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 32. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY CHRIS JOHNS ON BEHALF OF G. P. POND & ASSOCIATES TO EXPAND THE PARKING ADJACENT TO AN EXISTING RESTAURANT IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 5564 CAROLINA BEACH ROAD (S-544, 12/05) 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 Chris Johns Planning Director Dexter Hayes reported Chris Johns, on behalf of G. P. Pond & Associates, is requesting a special use permit to expand the parking adjacent to Rucker Johns, an existing restaurant, in an R-15 Residential District located at 5564 Carolina Beach 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 where proposed and developed according to the plan as submitted and approved. A. Access to the facility will be from the existing parking lot with connections to Dunhill Lane and Carolina Beach Service Rd B. Fire Service is available from the Myrtle Grove Station nearby. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. Commercial Parking may be permitted in Residential Districts by Special Use Permit. B. Buffer yards and Setbacks have been shown on the plan. 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. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of 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 Use Plan identifies this area as Urban Transition that allows for more intense development. B. The property adjoins a Commercial Center south of Monkey Junction. C. Site lighting shall be located so as not to shine on adjacent residential property. At their regular meeting on December 1, 2005, the Planning Board voted 7 to 0 to recommend approval with the condition that the existing tree line and vegetation should remain along Dunhill Lane. Staff recommends approval. Chairman Greer asked if the petitioner wished to speak on the request. The Petitioner, Chris John, spoke on the need for additional parking and stated that he agreed with the condition that the existing tree line and vegetation should remain along Dunhill Lane and requested the Board approve the request. Chairman Greer asked if anyone from the public wished to speak on the request. 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, JANUARY 9, 2006 BOOK 30 PAGE 495 Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to Chris Johns on behalf of G. P. Pond & Associates to expand the parking adjacent to Rucker Johns, an existing restaurant, in an R-15 Residential District located at 5564 Carolina Beach Road based on 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 and with the condition that the existing tree line and vegetation remain along Dunhill Lane. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 1.3. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY DANETTE YOUNG TO LOCATE A SINGLEWIDE MOBILE HOME ON LOT 10 IN CASTLE FARMS SUBDIVISION (S-548, 1/06) 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 Dannette Young Planning Director Dexter Hayes reported Danette Young is requesting to locate a singlewide mobile home on Lot 10 in Castle Farms subdivision. 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 where proposed and developed according to the plan as submitted and approved. A. The subject property is part of the Castle Farms Mobile Home subdivision located in the Castle Hayne community near Lynn Avenue, Lot 10 Castle Farms Road. B. An individual well and septic tank serve for the utilities. C. Access to the property is from Castle Farms Road. D. Fire Service is available from the Castle Hayne VFD. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned RA Rural Agricultural Zoning District. B. A Special Use Permit in the Rural Agricultural zoning district permits singlewide mobile homes. C. The property can accommodate the setback requirements for a singlewide mobile home if the home is re-oriented or a variance is granted. 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. Several other singlewide mobile homes exist nearby. B. A singlewide mobile home recently received a Special Use Permit at the corner of Lynn Avenue and Castle Farms Road. Another singlewide mobile home received a Special Use Permit in July of 2005 at Lot 21 on Castle Farms Road. C. No evidence has been submitted that this project will decrease property values of residents or commercial uses 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 Use Plan identifies this area as Resource Protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B. Several other mobile homes exist nearby, some for ten years or more. Staff suggests that the mobile home be re-oriented on the lot to accommodate the appropriate setback for the RA zoning district of twenty feet. Chairman Greer asked if the petitioner wished to speak on the request. The Petitioner, Danette Young, stated that she agreed with the findings offacts. Chairman Greer asked if anyone from the public wished to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 496 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 grant a Special Use Permit to Danette Young to locate a singlewide mobile home on Lot 10 in Castle Farms Subdivision based on 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 UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 1.4. CONSIDERATION OF BID FOR THE PURCHASE OF THE COUNTY TELEPHONE SYSTEM Information Technology Director Leslie Stanfield reported that the County telephone system replacement project was approved in the current adopted budget as an installment financed item. Salire Partners was hired to conduct an analysis of the County's existing telecommunications infrastructure and provide recommendations on future directions. Salire Partners compared the existing telephone structure and its maintenance costs over a five- year period with the costs of upgrading the existing system to Internet Protocol telephone system and the maintenance costs for the same five-year period. The analysis and calculations by Salire Partners indicated a savings of $2,000,000 over a five-year period if the entire telephone system was replaced with current, industry standard equipment. BellSouth was unanimously selected as the company that presented the best package to meet the County's needs. The replacement of the existing countywide telephone system was included in the proposed budget for fiscal year 2006-2007. This item remained in the adopted budget as an installment purchase item at an estimated cost of $1,000,000. Based on the proposals received, the revised cost estimate for the project is $1,200,000. Because this item was approved as an installment debt item to be financed over a fifty-nine month period and no payments have occurred this fiscal year, adequate funds are available to make payments required on the financing of the additional $200,000 without doing a budget amendment to increase the installment debt payment account. The time frame for purchasing, implementation, and going live on this project is less than a year. Therefore a project ordinance will not be necessary but a budget amendment to record the proceeds from the financing needs to be approved. Financing will be secured at a later date and brought back to the Commissioners for approval. Of the total project amount, BellSouth's contact amount for the equipment purchase, delivery, installation, project management and training is in the amount of $721,811.91. The remaining infrastructure, equipment or services that are not included in the award of the contract from the RFP will be purchased through normal County procedures. Staff is requesting the Board: . adopt the resolution approving the statement of work #06-0114 as an amendment to County contract #06-0027 with BellSouth, Inc. for acquisition of the telephone system for the County, installation, training, and project management in the amount of $721,811. 91; . authorize the County Manager to execute statement of work #06-0114 which is an amendment to County contract #06-0027, statement of work to be approved by the County Attorney; . direct the Information Technology Director to be the project director and coordinate the project; execute all related order forms required by BellSouth for their internal processing under statement of work #06-0114 and purchase any remaining required equipment and services that are not included in the award of statement of work #06-0114; items to be purchased through normal County procedures . approve budget amendment #06-0099; . per United States Treasury Regulations Section 1.1.03-8, declare the County's official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution awarding the contract to BellSouth, Inc. for acquisition of a telephone system for County in the amount of $721,811.91. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 35.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 497 Budget Amendment #06-0099 - Information Technology Adiustment Debit Credit Information Technology: Installment Loan Proceeds Capital Outlay $1,000,000 $1,000,000 Explanation: For accounting purposes only. To record and budget proceeds from installment debt for the County telephone system replacement. CONSIDERATION OF REQUEST FOR MAINTENANCE DREDGING OF MASON'S INLET Assistant County Manager Dave Weaver reported that in April 2002 the relocation of Mason Inlet was completed. As required by permit, maintenance dredging must be performed in order to maintain the location of the Inlet. The County signed a contract with the Figure 8 Homeowners Association to perform the maintenance dredging required as of January 26,2005. Due to the effects of Hurricane Ophelia, the consulting engineer to the County for this project, Gahagan and Bryant, identified that additional maintenance dredging was needed to remove the material deposited by the hurricane. Cottrell Contracting will have a dredge on the site under contract to the Figure 8 Homeowners Association. Gahagan and Bryant has negotiated with Cottrell Contracting for a new County contract with Cottrell to remove the material deposited by the hurricane without the mobilization cost of a dredge. The 59,500 cubic yards of material deposited by the hurricane would be removed at an average cost to the County of $5.37 per cubic yard. The sand would be placed on Figure 8 Island and afterwards the County would assess the Figure 8 Homeowners Association for $5.50 per cubic yard placed on the beach. In placing the sand from the cut from the inlet on the beach, approximately 20% of the sand would be lost, the cost for the sand to the county would increase and an additional cost would be assessed the Wrightsville Beach property owners in the amount of approximately $60,000. The assessment formula for the Mason Inlet project calculates the total cost of the project, subtracts the value of the sand placed on Figure 8 Island (calculated at $5.50 per cubic yard) leaving the remainder of the cost assessed to the benefiting property owners on Wrightsville Beach. There will be no net cost to the County as initially the costs will be paid through the Room Occupancy Tax Beach Re-nourishment Fund and reimbursed by property owners on Figure 8 Island and Wrightsville Beach. According to the original contract dated January 2005, Figure 8 Island homeowners are responsible to pay for the costs of the maintenance dredging. With the additional sand deposited by the Hurricane Ophelia, and if the inlet moves to the south, the cost to Wrightsville Beach property owners will be greater than the approximately $60,000 for the currently proposed maintenance dredging. The sand dredged at that time will not be placed on Figure 8 Island but will be transferred to fill the old inlet location, at a much greater cost to the Wrightsville Beach property owners. Staff requests the Board adopt the resolution finding a present, immediate and eXIstmg emergency exempting the project from bidding procedures, approving an emergency contract with Cottrell Contracting to remove the sand from the Inlet and Intracoastal Waterway to comply with the permit and remove the hazard to navigation in the amount of $319,515 which includes a 20% contingency and approve the related budget amendment. Chris Gibson, representing Gahagan & Bryant Associates, reported that it is their recommendation that the County consider the contract proposed with Cottrell for the dredging, stating that the mobilization charges would be eliminated and time delays minimized since the dredging equipment would already be on site. This is a continuation of the maintenance project. Frank Pinkston, chairman of Mason Inlet Preservation Group, stated that he was representing the Wrightsville Beach property owners. He reported that he had spoken with Keith Harris with the Army Corps of Engineers and that dredging was not being required at this time and that the Wrightsville Beach property owners were in agreement with that assessment. He requested the Board continue the agreements and contracts that are currently in place. Bill Raney, an attorney representing the Figure 8 Homeowners Association, stated that County staff has looked at the situation and has arrived at the appropriate decision. The Corps may not be requiring the maintenance dredging at this time, but it is in the best interests of the County and Mason Inlet that the preventive maintenance not be deferred, and that it would be more cost effective for it to be done while the dredging equipment is present. Kemp Burpeau, Deputy County Attorney, reported that there are differences in the two contracts. The 2002 contract states that if the ICWW work can be done as part of a general maintenance then the Figure 8 Beach Homeowners' Association will have no obligation to pay; if it cannot be done as part of the general maintenance then the Figure 8 Beach Homeowners' Association will have to pay. The 2005 contract with the Figure 8 Beach Homeowners' Association is primarily addressing Mason Inlet and Mason Creek and is not pertinent to this issue except that it creates an opportunity in that there is a contract already mobilized. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 498 A question and answer period ensued with discussion from the Board voicing concern that the Wrightsville Beach property owners did not feel that the maintenance dredging was required due to the fact that there was not proof from the Army Corps of Engineers requiring the additional dredging and that at this time the Army Corps of Engineers has found the inlet to be stable. Hearing no further discussion, Chairman Greer requested direction from the Board. Motion: Chairman Greer MOVED to request Figure 8 Beach Homeowners' Association to honor the contract signed January 26, 2005 outlining the work that is their responsibility and to move forward with the dredging of the waterway as required in the original contract. NO SECOND WAS RECEIVED. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to continue the request for maintenance dredging of Mason's Inlet until the Board's January 23, 2006 meeting pending information from the Army Corps of Engineers regarding whether the requested dredging is required dredging. Upon vote, the MOTION FAILED 2 TO 3. Chairman Greer, Commissioner Caster and Commissioner Pritchett voted in opposition. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to request Figure 8 Beach Homeowners' Association to honor the contract signed January 26, 2005 and to move forward with the dredging that is required by the Corps of the waterway. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. BREAK Chairman Greer called for a break at 9:50 p.m. until 10:05 p.m. UPDATE ON ELECTIONS VOTING EQUIPMENT Assistant County Manager Pat Melvin reported that the State Board of Elections has de-certified New Hanover County's voting equipment. ES&S is the sole viable vendor for this contract since the withdrawal of Diebold. At this time, the State Board of Elections has made no decision to delay requirements for demonstration, approval of purchase, and actual purchase of voting equipment, which is in compliance with the Help America Vote Act (HA V A). This Act required that all voting equipment be compliant for those with disabilities as of January 1, 2006. The County's options for the May 2,2006 election include paper ballot, which would be counted by hand, or purchase of the ES&S equipment. New Hanover County is scheduled to receive a grant allocation in the amount of $634,000 for the purchase of equipment. The New Hanover County Board of Elections will determine which of two voting machines to recommend. The recommendation of the Board of Elections will be presented to the Board of Commissioners for their approval at the January 23, 2006 meeting. The State Board of Elections has been notified of the delay in meeting the January 20th deadline. Deputy County Attorney Kemp Burpeau reported that the grant allocation in the amount of $634,000 would not be jeopardized by the delay in the approval of equipment by the Board of Commissioners and read the resolution into the record. After brief discussion, Chairman Greer asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution supporting the solicitation of new voting machine vendors and relief in implementation of new voting machine requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 35.3. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:23 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:24 p.m. ADDITIONAL ITEMS Consideration of Fixed Rate General Obligation School Bonds and Variable Rate General Obligation School Bonds Chairman Greer reported that the Board adopted a school bond order on March 14, 2005 approving the issuance of school bonds in the aggregate principal amount of $123,000,000. The first sale of these bonds will be in the form of fixed rate general obligation school bonds in the aggregate principal amount of $15,000,000. The Board is being requested to adopt a resolution authorizing the issuance of $15,000,000 Fixed Rate General Obligation School Bonds. Chairman Greer introduced the resolution authorizing the issuance of $15,000,000 Fixed Rate General Obligation School Bonds and requested a motion from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 499 Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution authorizing the issuance of $15,000,000 Fixed Rate General Obligation School Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 35.4. Chairman Greer reported that the Board of Commissioners adopted a school bond order on March 14, 2005 approving the issuance of school bonds in the amount of $123,000,000. The second sale of these bonds will be in the form of variable rate general obligation school bonds in the amount of $15,000,000. The purchase price of the bonds shall be 100% of the par amount of the bonds, and the maximum initial interest rate shall be 12% per annum. Chairman Greer asked for a motion to introduce the following resolution entitled "Resolution Providing for the Issuance of $15,000,000 Variable Rate General Obligation School Bonds, Series 2006." Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to introduce the resolution entitled "Resolution Providing for the Issuance of $15,000,000 Variable Rate General Obligation School Bonds, Series 2006." Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked for a motion to adopt the resolution entitled "Resolution Providing for the Issuance of $15,000,000 Variable Rate General Obligation School Bonds, Series 2006." Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution entitled "Resolution Providing for the Issuance of $15,000,000 Variable Rate General Obligation School Bonds, Series 2006." Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 35.5. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No comments were received. Item Presented by Assistant County Manager Patricia Melvin Assistant County Manager Melvin presented an update on the cleanup of County roadways. She reported that contact has been made with the Community Services Program and that they are willing to enter a contractual agreement for the use of individuals sentenced to provide community services to pickup trash along County roadways. The County will be required to pay the cost of hiring a supervisor for the program at a cost of $10-$12 per hour. Assistant County Manager Melvin also reported that contact has been made with Chief Superior Court Judge Fullwood and Chief District Court Judge Corpening concerning the implementation of the Community Services Program working with the cleanup of County roadways and a meeting is being scheduled with the staff of the Community Services Program. After the meeting, the Judges will be contacting County staff to schedule a meeting to discuss implementation. Item presented by County Manager Bruce Shell County Manager Shell requested County Engineer Greg Thompson to provide the Board with the status of remaining sewer collections projects. County Engineer Thompson reported: . Kings Grant - project is complete with exception of re-bid work for Section 3B which is scheduled for completion by April 2006. . BrookfieldlBriarwood - project is complete with exception of paving. . Middle Sound - sewer construction work is complete with exception of paving and with re-bid work for Anaca Point and a portion of Middle Sound Loop Road. Sewer is complete but Staff is waiting on a decision from the State about variance requests. The variance requests were made on December 16, 2005. In the past, the State has attempted to render a decision within a 30-60 day time frame. If the Board so desires, Staff will set up meetings with State officials concerning the variance requests. Staff suggests beginning with Ed Beck, the supervising Engineer from the Wilmington region of the Division of Water Quality. County Manager Shell reported that the County's bond rating remains excellent and additional information would be forthcoming. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 9, 2006 BOOK 30 PAGE 500 Item Presented by Commissioner Kopp Commissioner Kopp reported that he, along with Commissioner Pritchett and County Manager Shell would be attending the NCACC Forum on Financing for Courts in Charlotte on Friday. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported on attending the following meetings and events: Trip to Roanoke, Virginia to meet with West Virginia Water Authority Board members, City of Roanoke Mayor and City Council members and County Commissioners concerning the development of a consolidated utility authority for New Hanover County and the City of Wilmington. Trip to Oconee County, South Carolina to tour their new 911-Center and the Viper system that they have recently implemented. Lower Cape Fear Water & Sewer Authority meeting. Items Presented by Commissioner Pritchett Commissioner Pritchett reported attending the following meetings and events: The Juvenile Day Treatment Center American Rising Stars Assembly reporting that twenty students have finished a leadership program. The Celebration of the Life of Doug Swink. Doug's passing in November was a great loss to the theater in this community and those that knew him. Commissioner Pritchett reported that Charles Foss, a former teacher at Hoggard High School passed away on Saturday and that his former students, including her sons, will remember him fondly. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 10:45 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board