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2006-03-13 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 536 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 13, 2006, at 2:00 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. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Vice-Chairman Caster requested discussion on Consent Agenda Item #7 - Approval of Contract with Audubon Services. Frank Pinkston, Chairman of the Mason Inlet Preservation Group, reported that the monitoring and protection of the waterbird nesting area on the Wrightsville Beach side of the inlet has been very successful and after the approval of the current funding for 2006 he requested that Staff work toward having this requirement eliminated from the U. S. Army Corps of Engineers permit requirement. Assistant County Manager Dave Weaver reported that he has been in dialogue with the Fish and Wildlife Service, which is the State organization in charge of this oversight, requesting them to relax the permit requirement for the monitoring and protection of the waterbird nesting area. The State would like to continue the monitoring for one more year to have a history total of five years. If the present trend continues, the fifth year will be an appropriate time to request adjustment of the permit requirements. 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 Regular Meeting held on February 20, 2006, as presented by the Clerk to the Board. Adoption of Resolution to Add Zephyr Drive and Maria Court in Crown Ridge at Tidalholm Subdivision to the State Highway System The Commissioners adopted the resolution to add Zephyr Drive and Maria Court in Crown Ridge at Tidalholm Subdivision to the State Highway System (Div. File No. 1071-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 39.1. Acknowledgement of Board of Education Budget Transfer The Commissioners acknowledged the Board of Education budget amendment moving funds from various projects to the Anderson Elementary Project in the amount of $126,448.24. Approval of Revised Membership Benefits - Airlie Gardens The Commissioners approved the revision of Airlie Gardens membership benefits to add more value to the membership. The Airlie Foundation Board has recommended approval of these changes. Approval of Child Support Enforcement Contract - Department of Social Services The Commissioners approved the Child Support Enforcement Contract with DynTeck in the amount of $1.2 million. The County's share of the contract cost is 34% or $408,000. The actual cost to the County is expected to be greatly reduced due to offsets by allowable incentives. Approval of Contract with Audubon Society for Protection of the Mason Inlet Waterbird Project- Engineering Department The Commissioners approved the continuation of the contract with Audubon Society for the Mason Inlet waterbird biological monitoring to meet 2006 permit requirements in the amount of $19,470 and the associated budget amendment #2006-30. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 537 Budget Amendment # 2006-30 Adiustment Debit Credit Room Occupancy Tax: Appropriated Fund Balance Transfer to Capital Projects Mason's Inlet Maintenance: Transfer in from Room Occupancy Tax Capital Project Expense General Fund: Appropriated Fund Balance Audubon Society $9,735 $9,735 $9,735 $9,735 $9,735 $9,735 Explanation: To budget additional funds from Room Occupancy Tax Fund to the Mason Inlet Maintenance Project for waterbird protection. Fifty percent will be paid by Room Occupancy Tax Funds and fifty percent will be paid by the County's General Fund. With approval of this budget amendment, the amount of general fund balance appropriated will be $8,416,908. Approval of Contract with UNCW for Biological Monitoring of Bird and Plant Species - Engineering Department The Commissioners approved the continuation of the contract with UNCW for Mason Inlet biological monitoring to meet 2006 permit requirements in the amount of $25,562 and the associated budget amendment #2006-31. Budget Amendment # 2006-31 Adiustment Debit Credit Room Occupancy Tax: Appropriated Fund Balance Transfer to Capital Projects Mason's Inlet Maintenance: Transfer in from Room Occupancy Tax Capital Project Expense $25,562 $25,562 $25,562 $25,562 Explanation: To budget additional funds from Room Occupancy Tax fund to Mason Inlet Maintenance Project for Biological Monitoring. Approval of Corporate Certificate of Authority for Suntrust Capital Markets, Inc. - Finance Department The Commissioners approved the Corporate Certificate of Authority for Suntrust Capital Markets, Inc. designating the Finance Director, Deputy Finance Director and Assistant Finance Director as authorized representatives to be able to conduct business on behalf of New Hanover County. The Investment Officer has been added to be able to conduct business for investment purposes only. Approval to Budget Additional Funds Received - Sheriff's Office The Commissioners approved the following budget amendments for additional funds received by the Sheriff's Office. Budget Amendment # 2006-25 Adiustment Debit Credit Controlled Substance Tax: Controlled Substance Tax Capital Project Expense $10,781 $10,781 Explanation: To budget additional revenue received on 02/22/06 in the amount of $4,906 and proceeds from County auction in the amount of $5,875. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Budget Amendment # 2006-26 Adiustment Debit Credit Federal Forfeited Property: Federal Forfeited Property Capital Project Expense $25,412 $25,412 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 538 Explanation: To budget additional funds received on 02/22/06 in the amount of $15,337 and proceeds from County auction in the amount of $10,075. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Approval of Budget Amendments The Commissioners approved the following budget amendments: Budget Amendment # 06-0128 - Social Services Adiustment Debit Credit Administration: DSS Administration 1571 Funds-Fed/State Energy Assistance: Assistance Payments $88,060 $88,060 Explanation: To budget a special federal appropriation for Energy Assistance; enacted due to anticipated severe winter weather. Budget Amendment # 06- 0134 - Elections/Governing Body Adiustment Debit Credit HA VA Grant Appropriated Fund Balance $76,499 $76,499 Explanation: To adjust budget to actual amount of the HA VA grant for voting equipment. At the time of the January 23, 2006 Board meeting, the amount of the grant was not definitive. Upon approval of this budget amendment, appropriated fund balance to date will be $8,330,674. Budget Amendment # 06- 0136 - Criminal Justice Partnership Program Adiustment Debit Credit CJPP Grant Contract Services Supplies $3,000 $ 500 $2,500 Explanation: To increase budget in the amount of $3,000 in reallocated funds awarded to New Hanover County. Budget Amendment # 06- 0138 - Emergency Management/Governing Body Adiustment Debit Credit Governing Body: Appropriated Fund Balance Emergency Management: COG COPS Grant Supplies $7,505 $11,289 $3,784 Explanation: To rollover unexpended grant funds from FY 04-05 to FY 05-06. The amount of $7,505 was originally budgeted from Appropriated Fund Balance in the purchase order rollover budget amendment, but should have been grant funding. Upon approval of this budget amendment, General Fund balance appropriated to date is $8,323,169. Budget Amendment # 06- 0139 - Veteran Services Adiustment Debit Credit Veteran Services: Contributions Training and Travel $100 $100 Explanation: To budget funds received from New York Life Insurance Company in memory of Alfred G. Lapitino, a retiree of New York Life. These funds will be used for training and travel. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 539 Budget Amendment # 06- 0140 - Social Services Adiustment Administration: DSS Administration 1571 Funds - Fed/State Project Share: Assistance Payments Debit Credit $6,681 $6,681 Explanation: To budget additional funds for Project Share, this program provides financial assistance to families in emergency situations. Budget Amendment # 06- 0145 - Social Services Adiustment Debit Credit Administration: DSS Administration 1571 Funds - Fed/State NCNG Share the Warmth: Assistance Payments $6,290 $6,290 Explanation: To budget additional State funds received from the Division of Social Services for Share the Warmth program. Budget Amendment # 06- 0147 - Library - Partnership for Children Adiustment Debit Credit Partnership for Children Grant Salaries FICA Contract Services Postage Printing Supplies Books and Periodicals Employee Reimbursements $3,858 $2,929 $ 317 $2,400 $ 50 $ 384 $1,310 $2,600 $ 360 Explanation: To adjust budget to actual amount of grant award in the amount of $106,142 for FY 05-06. Budget Amendment # 06- 0149 - Airlie Gardens Adiustment Debit Credit Airlie Gardens: Airlie Gardens Foundation Contracted Services $55,000 $55,000 Explanation: To increase revenue for the Bradley Creek Overlook Phase II. Funding source will be Airlie Gardens Foundation. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Anthony M. Amos - Property Management Ernest M. Curry - Sheriffs Office Michael N. Marlow - Sheriffs Office Chiquita Gooding-Register - Social Services Clifton C. McAllister - Social Services Fausto E. Sanchez - Social Services Billy R. Hudson - Sheriffs Office Ten Year: Kenneth W. Bradley - Sheriffs Office Lou G. Miller - Social Services Deborah B. Nash - Human Resources Tina C. Lovingood - Property Management LaFaye D. Mack - Property Management Preston M. Waddell - Property Management Fifteen Year: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 540 Twenty Year: David R. Butts - IT Sherian A. Davis - Sheriffs Office Janice F. Dailey - Inspections Faye B. Jacobs - Aging Services Twenty-Five Year: Steve Ritch - Inspections Ann M. Barkley - Social Services Thirty Year: Annie L. Stalling - Register of Deeds On behalf of the Board, Chairman Greer presented a servIce award to each employee, expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF LOCAL BUSINESSES THAT ASSIST WITH THE SENIOR ANGEL TREE PROGRAM - DEPARTMENT OF AGING Department of Aging Director Annette Crumpton and Department of Aging Program Manager Faye Jacobs reported that for the past three years Wal-Mart, K&W Cafeteria, Chick-Fil-A and Comfort Keepers have cosponsored the Christmas Senior Angel Tree Program with the New Hanover County Department of Aging. Christmas trees, decorated with tags bearing a senior participant's name, were placed in each of the sponsoring businesses. The community adopted a senior, purchased gifts and brought the gifts to the Senior Center for distribution. On behalf of the Board, Chairman Greer thanked the sponsors and presented their representatives with a certificate of appreciation. Comfort Keepers K & W Cafeteria Chick-Fil-A Wal-Mart Craig Magill, Owner and Mary Anna Stacy, Community Liaison Sam Bush, Owner Raymond Skelton, Owner Norman Taylor, Manager and Sharon Greenway, Good Works Coordinator PUBLIC HEARING ON THE 2006 GENERAL OBLIGATION BOND REFERENDOM Chairman Greer reported that on February 6, 2006, the Board authorized the application to the Local Government Commission. On February 20, 2006, the Board established a Public Hearing for March 13, 2006 in connection with the issuance of $35.5 million general obligation bond. Chairman Greer requested Clerk to the Board Sheila L. Schult to give her report on the bond orders. Clerk to the Board Schult reported that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $35,500,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF NEW HANOVER," which had been introduced on February 20, 2006, has been published in a qualified newspaper on February 24, 2006, with notice that the Board would hold a Public Hearing thereon on March 13, 2006. The County's Finance Officer has filed in the Clerk's office a statement of debt complying with the provisions of The Local Government Bond Act and such statement as filed showed the net indebtedness of the County to be 1.85% of the assessed valuation of property in said County subject to taxation. Chairman Greer requested a motion to proceed with the Public Hearing on the parks and recreation bond Issue. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to proceed with the Public Hearing on the parks and recreation bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that the Board of Commissioners would hear anyone who wishes to be heard on the question of the validity of the parks and recreation bond order and the advisability of issuing the bonds and requested that Clerk to the Board Schult read the Bond Order title and the published notice of hearing. Clerk to the Board Schult read the Bond Order title as was published on February 24, 2006. Chairman Greer asked if anyone in the audience would like to be heard on this matter. Wrightsville Beach Alderman Stephen Whalen spoke on his concern that the Beach communities were not included in the planning of how, if approved by the voters, the parks and recreation bond referendum funds would be spent. He stated that he did not feel that the Beach communities were getting enough of the bond money and requested the Board postpone the bond vote until November. Dana Page of Wilmington stated that he felt there were alternatives to a bond order such as merging City and County Parks, continue working with the school system, decentralizing the parks, encouraging the donation of land for parks, selling surplus City and County property and using the funds for parks, continue working with UNCW and Cape Fear Community College to share their land for public use and working with State and Federal entities for free land for parks. He encouraged denial of the bond referendum and alternative methods explored. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 541 Colin Eagles of Wrightsville Beach stated that he is in the outdoor education business and won't support the bond referendum with only $200,000 of bond funds being earmarked to each Beach community. Dorothy Nesbitt, spoke on her concerns of the growth in the County and the need for planning that includes the entire County. Jack White of Wilmington stated that he was opposed to the bond referendum and the timing of the election concerned that there would be low voter turnout. He stated that parks are a luxury and that there are many other priorities in the County. He has filed a complaint with the Local Government Commission on the basis that it is solely a County referendum. He requested the City and County have a press conference to inform the public of what IS gomg on. Hearing no further comments, Chairman Greer requested a motion to close the Public Hearing on the parks and recreation bond issue. Chairman Greer reported on the process that was used to seek community input into the Parks Master Plan and the bond referendum. He stated that the Beach communities are County residents and will benefit from the County park projects and referenced a letter signed by the three beach community mayors stating their commitment to be full partners with the County in the development of parks, recreation and open space for all residents of New Hanover County. If voters approve the bond referendum, the City and County will enter into an interlocal agreement and accomplish more with fewer dollars. The Board feels that the citizens want the bond referendum brought forward and the citizens will decide the issue. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to close the Public Hearing on the parks and recreation bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested a motion that the Board of Commissioners adopt without change or further amendment and direct the Clerk to the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $35,500,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on February 20, 2006. Parks Director Neal Lewis clarified that there is no money in the proposed bond referendum for acquisition of land. He volunteered his services to the Beach communities to help them write grant applications to turn the $200,000 bond funds into approximately $800,000. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt without change or further amendment and direct the Clerk to the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $35,500,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on February 20, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested a motion that the Board adopt the resolution approving the question whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond order, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond order shall be submitted to the qualified voters of said County at an election to be held in said County on May 2, 2006 and authorizing and directing the Clerk to the Board of Commissioners to publish a notice of said election. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution approving the question whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond order, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond order shall be submitted to the qualified voters of said County at an election to be held in said County on May 2, 2006 and authorizing and directing the Clerk to the Board of Commissioners to publish a notice of said election. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 39.2. CONSIDERATION OF CONTRACT WITH MARLOWE AND COMPANY FOR CONSULTING SERVICES Rick Catlin, representing the Port, Waterway & Beach Commission, reported that at their January 23,2006 meeting they recommended that the County enter into a contract with Marlowe & Company for professional consulting services. Marlowe & Company has been a significant help in securing Federal funding for Wrightsville Beach re-nourishment. The intent of this contract is to replace future individual contracts between Marlowe & Company and the Beach Towns. The cost of the contract with the County will be $3,250 per month plus up to $350/month expenses through calendar year 2006 with the funds paid by the beach nourishment portion of the Room Occupancy Tax Fund. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 542 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the contract with Marlowe & Company in the amount of $3,250 per month plus up to $350/month expenses for professional consulting services through calendar year 2006 from the beach nourishment portion of the Room Occupancy Tax Fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF AMENDMENT TO NOISE ORDINANCE FIRST READING - LEGAL DEPARTMENT Deputy County Attorney Kemp Burpeau reported that the Board is being requested to amend the County's Noise Ordinance to allow a misdemeanor sanction in addition to the existing civil citation. This change will be consistent with a comparable modification recently made by the City of Wilmington to its Noise Ordinance. The Sheriffs Department supports this amendment as an additional enforcement remedy. A unanimous vote is required for passage on first reading. The amendment is as follows: (b) Violation of the provisions of this article shall constitute a Class 3 misdemeanor, punishable by a fine up to $500.00. Each violation thereafter shall constitute a separate offense. Chairman Greer asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the amendment to the Noise Ordinance to allow a misdemeanor sanction in addition to the existing civil citation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 39.3 and will be codified in the New Hanover County Code of Ordinances. CONSIDERATION OF CONTRACT FOR CRIME SCENE INVESTIGATION BUILDING - SHERIFF'S OFFICE Project Manager Max Maxwell reported that as directed by the Board of Commissioners on September 19, 2005, staff advertised and received bids on February 8, 2006, for the Sheriffs Department Crime Scene Investigation Building. The low bidder for the project was NRL Builders with a total bid of $638,000. The construction of this new building will provide offices, lab spaces and new consolidated evidence vault storage for the Sheriffs Department. Upon approval, notice to proceed can be issued and construction is estimated to be completed by the end of September. The Department of Insurance has required the building to be built to Category 3 specifications which resulted in an increase in building costs. The increase in the budget of $293,850 will come from the fund balance. Commissioner Davis clarified with Project Manager Maxwell that currently the Crime Scene Investigation Department is located in the Law Enforcement Center (LEC) but due to the sale of the LEC the relocation of the Crime Scene department is now a necessity. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to award the contract to NRL Builders in the amount of $638,000, authorize the County Manager to execute the contract and approve the associated budget amendment #2006-32. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. Budget Amendment # 2006-32 - Commissioners/Transfers to Capital Proiects/CSI Building Adiustment Debit Credit Commissioners: Appropriated Fund Balance Transfers to Capital Projects CSI Building: Transfer in from General Fund Capital Project Expense $293,850 $293,850 $293,850 $293,850 Explanation: To increase budget in CSI Building Capital Project to complete the project. Upon approval of this budget amendment, General Fund balance appropriated to date is $8,701,023. PRESENTATION OF CAPE FEAR MUSEUM FACILITY MASTER PLAN Cape Fear Museum Director Ruth Haas reported that the Museum last participated in a Facility Master Plan process in 1981. The current Facility Master Plan includes a new 21,000 square foot wing to include: . 4,500 square foot of multi-purpose space to accommodate major changing exhibits, special events, community meetings and nationally recognized speakers. . Accommodations to house the Convention & Visitors Bureau, combining resources to strengthen marketing and orientation to the Lower Cape Fear as an attractive destination. . 8,700 square feet for a first class Heritage Resource Center providing above-ground storage for collections, registration, conservation and research. . A new museum store and cafe with catering kitchen. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 543 The Board is being requested to approve the concept of the Plan. At this time funds are not being requested. Private funding will be raised including grant funding. Bruce Bowman, of BMS Architects, reported on the specifics of the master plan stating that it will only work to expand once and not in phases at an estimated cost of $11 million. If the Board approves the concept, renderings will be completed for use in fund raising efforts. Judith Grizzel, President and CEO of the Cape Fear Coast Convention & Visitors Bureau, stated that she felt relocating the Convention & Visitors Bureau to the Museum would be a win/win situation for both organizations and requested the Board to approve the concept. Rachel Pace, President of the Cape Fear Museum Foundation, encouraged the Board to support the concept of the Facility Master Plan as worthy of future development. Commissioner Kopp clarified with Museum Director Haas that funds are not being requested at this time just the approval of the concept as worthy for future development. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the Cape Fear Museum Facility Master Plan as a worthy concept for future development. Upon vote, the MOTION CARRIED UNANINIMOUSL Y. BREAK Chairman Greer called for a break at 3 :50 p.m. until 4: 15 p.m. CONSIDERATION OF TRANSFER OF LAND PARCELS FROM THE NORTH CAROLINA COASTAL LAND TRUST Parks Director Neal Lewis reported that the North Carolina Coastal Land Trust acquired a parcel of land in the Covil Farms development. The North Carolina Coastal Land Trust approved that the title of Track H be transferred to New Hanover County. Track H is comprised of 12.02 acres. The undeveloped tract would remain as it is. Executive Director of the North Carolina Coastal Land Trust Camilla Herlevich reported on the acquisition of Tract H explaining that for the North Carolina Coastal Land Trust to keep property, it would have to have extraordinary conservation value. It would be appropriate for the County to own the property and have regulatory control. There is a private dock from one of the residences adjacent to Tract H that runs through Tract H to Howe's Creek. The North Carolina Coastal Land Trust easement will be prepared prior to the transfer of ownership and will stipulate that no additional piers will be allowed on Tract H, and that in the event the pier is 50% damaged or destroyed it cannot be rebuilt, and that the pier would not be transferable if the property is sold. Commissioner Davis and Commissioner Kopp voiced concern on the County's liability for the pier. Hearing no further comments, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to accept the title of Track H transferred from the North Carolina Coastal Land Trust to New Hanover County. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Davis and Commissioner Kopp voted in opposition. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Greer reported that vacancies needed to be filled on the Adult Home Community Advisory Committee and two applications had been received with one applicant eligible for reappointment and asked for nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Carolyn B. Hooker to a three-year term with the term to expire on March 31, 2009 and to table nominations pending further information on the second applicant. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Library Advisory Board Chairman Greer announced that two vacancies needed to be filled on the Library Advisory Board and three applications were received and asked for nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Susan Lynn Browning to the Library Advisory Board with the term to expire on August 31, 2009 and Roberta W. Penn to the Library Advisory Board with the term to expire on August 31, 2007. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Greer announced that two vacancies needed to be filled on the Nursing Home Community Advisory Committee and two applicants were eligible for reappointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 544 Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to reappoint Faye Griffin Hoffman and Patricia E. King to the Nursing Home Community Advisory Committee with the terms to expire on March 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 4:48 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 4:50 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No comments were received. ADDITIONAL ITEMS Approval of Grant Application for Day Sentencing Program County Manager Bruce Shell reported that the Board is being requested to authorize the submission of a grant application to the State of North Carolina Department of Corrections' Criminal Justice Partnership Program in the amount of $140,396. The funds, if awarded, are used to cover the cost of the Day Sentencing program. No County match is required. The Day Sentencing Center is operated through a contract with Coastal Horizons and provides the judges with an intermediate sentencing option for those sentenced to lesser crimes, saving the valuable prison space for dangerous felons. The Criminal Justice Partnership Board has approved submission of this grant to the State. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to authorize the submission of a grant application to the State of North Carolina Department of Corrections' Criminal Justice Partnership Program in the amount of $140,396. Upon vote, the MOTION CARRIED UNANIMOUSLY. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported on attending the following meetings and events: Greetings to the North Carolina Aeronautics Board; Chamber of Commerce after hours reception at the Bear Rock Cafe; fund raiser for the Volunteer Center; Kitty Hawk meeting investigating potential sites; Council of Governments Annual Dinner; dedication of the USO building in honor of Hannah Block; Human Relations annual banquet; Partnership for Children breakfast and fund raiser; 800 MHz system launch at Carolina Beach Town Hall; Chamber Board meeting; Leadership NC reception; Downtown Wilmington annual luncheon; Department of Social Services Board retreat; fund raiser for the Cape Fear Literacy Council; Cameron Arts Museum tour; greetings to the Disproportionate Minority Contact conference; greetings to the Southern District African Methodist Conference and the Lower Cape Fear Water and Sewer meeting. Items Presented by Commissioner Pritchett Commissioner Pritchett reported attending the following meetings and events: North Carolina Bio-technology Center reception at the Marine Science Center; presented at the Adult Scholarship Leadership program, Council of Governments Annual Dinner; Brinkley Memorial lecture at the Library; North Carolina Leadership reception; taught a freshman political science class at UNCW; Kure Beach presentation with Tax Director Bob Glasgow explaining the tax revaluation process; Citizens Advisory Panel to the Chemical Industry meeting at the Aquarium on oysters and a Task Force meeting to address the methamphetamine problem. BREAK Chairman Greer called for a break at 5:00 p.m. until 5:44 p.m. PUBLIC HEARING TO CONSIDER REQUEST TO ADOPT THE 2006 UPDATE TO THE CITY OF WILMINGTON AND NEW HANOVER COUNTY CAMA LAND USE PLAN Senior Planner Chris O'Keefe reported that in April 2003 the County was awarded funds to update the 1999 Wilmington and New Hanover County CAMA Land Use Plan. The CAMA planning process is well defined and administered by the North Carolina Department of Environment and Natural Resources, Division of Coastal Management. The Plan was drafted under the oversight of an advisory panel appointed by the Board of County Commissioners and the Wilmington City Council. For the past two years, planning staff from the City of Wilmington and New Hanover County worked together to incorporate a broad spectrum of data and opinions collected through a series of public meetings, a telephone survey and regular meetings with the Advisory Panel. This document is the fifth update to the joint City/County CAMA plan that was first adopted in 1976. Much of the updated plan is a carryover from the previous plan with modifications made where deemed necessary to accomplish one of the following purposes: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 545 . Remove policies and strategies that are no longer relevant . Add policies and strategies to address new and emerging conditions and comply with new provisions in the State guidelines . Revise or add strategies to facilitate further progress toward goals . Write policies and strategies that are more measurable . Improve clarity of policies and strategies Notable differences are: . The Resource Protection Classification in the Land Classification Map has been divided into four distinctive subclasses based on the feature of that resource that it protects. A different strategy has been developed to foster the protection of each resource. . The Watershed Resource Protection classification regulatory tool, in an effort to accommodate developers willing to incorporate innovative stormwater systems, has been changed from density to impervious surface. This change allows developers to increase density if they can control their stormwater runoff and other impacts according to exceptional design standards that will need to be created and adopted. . CAMA provided the County with a Land Suitability Analysis tool that was required to be used to aid in evaluating the degree to which land is suitable for development. This tool provided information to shape the new Resource Protection areas and develop policies and strategies to better protect these resources. The CAMA plan provides guidance to City and County officials in their decisions on new development proposals and redevelopment plans, subdivision and zoning regulations, and new policies and programs. Federal and State regulators use the CAMA Plan in their permitting processes. The Wilmington City Council voted to approve the plan at their March 7,2006 meeting. The eight Advisory Panel members have indicated support of the Plan. The Plan is scheduled to be reviewed by the Coastal Resources Commission at their June meeting. Chairman Greer opened the Public Hearing. Audrey Albrecht, representing the Lower Cape Fear League of W omen Voters, read a letter of support and reported there are several aspects of the Plan they would like to see strengthened. They requested the Board approve and support the Plan that has been developed. Ann Griffith, representing the Cape Fear River Watch, read a statement of support and stated their support of the CAMA Land Use Update Plan and requested the Board devote fiscal and staff resources towards implementing the strategies stated in the Plan. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the CAMA Land Use Plan. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution approving the plan is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 39.4. PUBLIC HEARING TO CONSIDER NEW HANOVER COUNTY FLOODPLAIN ORDINANCE - PLANNING DEPARTMENT Senior Planner Chris O'Keefe reported that the North Carolina Floodplain Mapping program has created a new model ordinance that includes changes counties must adopt in order to use the new Flood Insurance Rate Maps. The New Hanover County ordinance has been modified to follow the format of the State model ordinance. Following are the most significant changes that are included in the new Regulations: . New solid waste facilities will be prohibited in the 100-year floodplain. . Variances can be granted for facilities as described in Article 4, Section E (10). . Communities are required to determine that the cumulative development will not increase the BFE in the community more than one foot for areas where there are BFEs but no designated floodway. The mapping program has provided floodway widths for these areas to satisfy the above requirement. . Map changes will be treated the same way as zoning map amendments. Notification of adjacent property owners and the standard public hearing process must be followed. . Two new terms are included in the new ordinance: . Regulatory Flood Protection Elevation which is the elevation level to which all development must be protected. . Reference Level which represents the portion of the structure/utility that must meet this regulatory flood protection elevation. The deadline is April 3rd, 2006 for adopting the new Flood Insurance Rate Maps. The changes contained in the proposed Floodplain Management Regulations will allow a smooth transition to the new mapping standard. The proposed regulations will allow us to maintain our CRS rating and preserve the 15% savings in insurance premiums for floodplain property owners. The Planning Board and Staff recommend approval. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 546 Chairman Greer opened the Public Hearing. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the changes to New Hanover County floodplain ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 39.5. PUBLIC HEARING TO CONSIDER THE REQUEST BY JIM HUNDLEY, JR TO REZONE APPROXIMATELY 9.92 ACRES LOCATED AT 611 MIDDLE SOUND LOOP ROAD FROM R-20 RESIDENTIAL TO R-15 RESIDENTIAL DISTRICT (Z-828, 02/06) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Hayes reported that Jim Hundley, Jr. is requesting to rezone approximately 9.92 acres of property located at 611 Middle Sound Loop Road from R-20 to R-15 Residential District. The property is presently known as the Countryside Mobile Home Park, which contains twenty-eight mobile homes. Land use patterns near the proposed site include Sandybrook Subdivision to the south, which is zoned R-15, along with other developments zoned R-20. The conversion from R-20 to R-15 typically means a denser development, 2.5 units verses 1.9 units an acre but with the removal of the twenty-eight mobile homes on the property, the applicant can only build approximately twenty-five units, which will be a less intense use of the property. The applicant would also remove the twenty-eight aging septic tanks in the resource protection area and replace them with county sewer. The density limit will still be consistent with the land use plan. At the Planning Board's February 2, 2006 meeting, they voted 3 to 3 on two separate motions; one for approval and one for denial. Several board members felt the zoning should remain R-20, while others acknowledged that the removal of the mobile homes would result in a similar density. One resident and one owner of two mobile homes spoke against the proposed rezoning. Commissioner Davis confirmed with Planning Director Hayes that the request was consistent with the Land Use Plan. Chairman Greer asked if the Petitioner wished to speak on the request. Jim Hundley, the Petitioner, stated the proposed project will result in a decrease of the number of units, removal of the aging septic tanks and as much green space as possible will be maintained for the single family homes. Chairman Greer asked for rebuttal comments. Pamela Payton Parr requested the Board not approve the rezoning request stating traffic concerns and the protection of the land classification listed as Resource Protection. Thomas W. Landis requested the Board not approve the rezoning until people are on line with the sewer system and see how it works. Jim Hundley, the Petitioner, stated that the request was consistent with the Land Use Plan. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED to deny the request by Jim Hundley, Jr. to rezone approximately 9.92 acres of property located at 611 Middle Sound Loop Road from R-20 to R-15 Residential District. NO SECOND WAS RECEIVED. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Jim Hundley, Jr. to rezone approximately 9.92 acres of property located at 611 Middle Sound Loop Road from R-20 to R-15 Residential District. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA NO.2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON December 15, 1969, is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 2, Page 45. PUBLIC HEARING TO CONSIDER THE REQUEST BY SCARAFONI AND ASSOCIATES TO REZONE APPROXIMATELY 7.15 ACRES OF PROPERTY LOCATED AT 8259 AND 8261 MARKET STREET FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS DISTRICT (Z-824,12/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 547 Planning Director Hayes reported that Scarafoni and Associates are requesting to rezone approximately 7.15 acres of property located at 8259 and 8261 Market Street from R-15 Residential to B-1 Neighborhood Business District. The subject property consists of two parcels ofland located in the southwest quadrant of the 1-140 Bypass and Market Street. These parcels adjoin a commercial center and an apartment complex with approximately 260 units. The 1-140 Bypass is scheduled to be completed and operational next summer. Several large tracts immediately north of this property were recently rezoned for commercial use following the opening of the Bypass. The applicant's request to rezone this acreage to B-1 Neighborhood Business appears to be a logical extension to the commercial node at Porters Neck Road and Market Street and the zoning area is consistent with the Land Use Plan's Urban Transition Classification and is within the Urban Services Growth Boundary. The developer has been in preliminary discussions with NCDOT concerning improvements needed for Plantation Road. Staff recommends that any development plans for this property should include a road connection to the signalized intersection at Market Street and that the zoning change for this property be delayed until right -of- way connections are approved. The Planning Board voted 6 to 0 to recommend approval. Chairman Greer asked if anyone from the public wished to speak on the request. Jimmy Black, on behalf of the petitioner, reported that they are working with NCDOT on the connection of Plantation Road between US 17 and Murrayville Road and requested the Board approve the rezoning request. Commissioner Davis confirmed with Planning Director Hayes that a traffic impact study will be required and that the rezoning request would generate more than one hundred peak hour trips on Market Street. 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 Scarafoni and Associates to rezone approximately 7.15 acres of property located at 8259 and 8261 Market Street from R-15 Residential to B-1 Neighborhood Business District effective on the opening of the 1-140 Bypass. 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 AND AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 6, 1971 AND JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 5, Page 59. PUBLIC HEARING TO CONSIDER THE REQUEST BY WITHERS AND RAVENEL ON BEHALF OF CAROL SWENSON TO REZONE APPROXIMATELY 15.76 ACRES OF PROPERTY LOCATED AT 9800 RIVER ROAD FROM R-15 RESIDENTIAL TO R-I0 RESIDENTIAL (Z-823, 12/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Cindee Wolf with Withers and Ravenel, on behalf of Carol Swenson, is requesting to rezone approximately 15.76 acres of property located at 9800 River Road from R-15 Residential to R-lO residential. The surrounding property is zoned R-15 Residential with the exception of an existing R -10 District located at the southwestern tip of one of the three tracts. Located adjacent and north of the property is a County Fire Station. A private water and sewer service provides utilities to most of these developments. At the February 2, 2006 Planning Board meeting, the Board voted 5 to 1 to recommend approval. The Petitioner provided a letter from Aqua Utilities stating that the system has adequate capacity and flow rates. Staff also 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 the Petitioner would like to speak on the request. Cindee Wolf with Withers & Ravenel, on behalf of Carol Swenson, stated that the proposed project will consist of affordable housing. If developed with the current zoning it is possible to have thirty-nine units; 63% of the proposed property is in the 100-year floodplain which will limit the proposed rezoning to forty-four units. She requested the Board approve the rezoning request. Chairman Greer asked if the opposition would like to speak on the request. James Freeman, on behalf of the Freeman heirs, spoke on his concern of an access road to his family's property. Ms. Wolf reported that there is no recorded easement to the Freeman property and confirmed that they are willing to work with the family. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 548 Commissioner Pritchett voiced concern that density should be reduced in the floodplain not increased. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Withers and Ravenel, on behalf of Carol Swenson, to rezone approximately 15.76 acres of property located at 9800 River Road from R-15 Residential to R-lO Residential. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 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 72. PUBLIC HEARING TO CONSIDER THE REQUEST BY AUDREY MIZRAHI FOR A CONDITIONAL USE PERMIT TO REZONE APPROXIMATELY .83 ACRE OF PROPERTY LOCATED AT 4229 CASTLE HAYNE ROAD FROM RA RURAL AGRICULTURAL TO 0&1 (CD) OFFICE AND INSTITUTIONAL CONDITIONAL USE DISTRICT (Z-829, 02/06) Chairman Greer opened the Public Hearing and announced that the Conditional 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 Audrey Mizrahi Planning Director Dexter Hayes reported that Audrey Mizrahi is requesting to rezone approximately .83 acre of property located at 4229 Castle Hayne Road from RA Rural Agricultural to 0&1 (CD) Office and Institutional Use District for a veterinary clinic. The property is located on Castle Hayne Road approximately 1f4 mile north from McDougald Road. The property directly south of the site was zoned 0&1 (CD) approximately three years ago for a dentist office. Adjacent uses in that area of Castle Hayne Road include a car service garage and LP gas distribution operation. The closest other veterinary clinic in this area is in Northchase. 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 property currently has a well and septic tank. B. All of the property is located outside a 100-year flood area. C. Access to the property is from US Hwy 117/NC 133 Castle Hayne Road a major arterial on the County Thoroughfare Classification Plan. 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. A Special Use in an 0&1 zoning district allows a veterinary clinic. B. The site plan must show a buffer for the northern property boundary, which is required because it abuts a residential district. C. Parking requirements are 17 spaces. D. Total signage is 16 square feet, less than the allowed 75 square feet. E. The existing structure meets the minimum setbacks for abutting residential districts on the north and west sides of the 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. No evidence has been submitted that this project will decrease property values of commercial uses nearby. B. The applicant obtained signed petitions expressing no opposition from the surrounding property owners to the veterinary clinic. 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, no new structures are proposed. B. An existing 0&1 (CD) for a dentist office abuts the south portion of the property. Commissioner Davis confirmed with Planning Director Hayes that staff did not have concerns with the request and that it was consistent with the Land Use Plan. Chairman Greer asked if the Petitioner wished to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 549 The Petitioner, Audrey Mizrahi, stated that she agreed with the findings of facts 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. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Audrey Mizrahi to rezone approximately .83 acre of property located at 4229 Castle Hayne Road from RA Rural Agricultural to 0&1 (CD) Office and Instructional Conditional Use District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF CASTLE HAYNE IN NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page 24.4. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Audrey Mizrahi to locate a veterinary clinic at 4229 Castle Hayne 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. 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 3.1. BREAK Chairman Greer called for a break at 7:23 p.m. until 7:35 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN WESSELL III ON BEHALF OF SASS & SCHWENKER, LLC FOR A SPECIAL USE PERMIT FOR A HIGH DENSITY DEVELOPMENT IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 4731, 4735 AND 4809 CAROLINA BEACH ROAD (S-551, 02/06) 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 John Wessell Cindee Wolf Planning Director Dexter Hayes reported John Wessell III and Cindee Wolf with Withers & Ravenel, on behalf of Sass & Schwenker, LLC is requesting a special use permit to locate a high density development in an R-15 Residential District at 4731, 4735, and 4809 Carolina Beach Road. At the February 2, 2006 Planning Board meeting, the Board voted 6 to 0 to recommend approval with the following conditions: 1) Keep the existing significant hardwood trees. 2) Keep the existing hollies along the streetscape. 3) Extend the interior street to allow a future connection to Belle Meade Woods. 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 Myrtle Grove VFD. B. Public water and sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Carolina Beach Road (US421), a major arterial thoroughfare. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows High- Density development in an R -15 Residential District in accordance with certain performance criteria. B. The maximum number of allowed units on 6.41 acres in an R-15 under High-Density development is 65 units. The applicant proposal has only 50 units. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 550 C. The minimum required amount of open space is 2 acres. The applicant has approximately 3 acres. D. Maximum impervious surface ratio is 40% for an R -15. The applicant has 39. 7%. E. Parking, building height and impervious coverage satisfy the County Zoning Ordinance. F. Buffer yards and setbacks are on the proposed plan and meet the County Zoning Ordinance. 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 projects exist in other residential districts in New Hanover County. B. Other high-density projects are located in direct proximity to the proposed site. C. 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 New Hanover County Comprehensive Plan classifies the site as Developed. The purpose of the Developed class is to provide for continued intensive development on lands that have urban servIces. B. Some R -10 zoning districts exist adjacent to this section of Carolina Beach Road. Chairman Greer asked if the Petitioner wished to speak on the request. Cindee Wolf, with Withers & Ravenel, on behalf of the Petitioner, presented the site plan stating that they agree with the findings of facts and the conditions recommended by the Planning Board. John Wessell on behalf of the Petitioner, stated that they agree with the findings off acts and the additional conditions recommended by the Planning Board. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no 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 John Wessell III and Cindee Wolf with Withers & Ravenel on behalf of Sass & Schwenker, LLC to locate a high density development in an R-15 Residential District at 4731, 4735, and 4809 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 with the following conditions: 1) keep the existing significant hardwood trees; 2) keep the existing hollies along the streetscape; and 3) extend the interior street to allow a future connection to Belle Meade Woods. 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 3.2. PUBLIC HEARING TO CONSIDER THE REQUEST BY CONRAD LOWMAN TO REZONE APPROXIMATELY 8.39 ACRES OF PROPERTY LOCATED AT 8871 STEPHENS CHURCH ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS DISTRICT (Z-827, 12/06) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Conrad Lowman is requesting to rezone approximately 8.39 acres of property located at 8871 Stephens Church Road from R-15 Residential to B-2 Highway Business District which is located approximately Y2 mile southwest of the Pender County line. Stephens Church Road runs parallel to Market Street on the north side for approximately 4200 feet and currently has two access points to Market Street. Land use patterns near the proposed site include a CD B-2 Highway Business near the county line on the north side of Market Street, a B-1 Neighborhood Business directly across from the property on the south side of Market Street, and a CD 0&1 Office and Institutional near the county line on the south side of Market Street with the remainder of the surrounding land uses zoned residential. At the February 2, 2006 Planning Board meeting, the Board voted 6 to 0 to recommend denial of the Petitioner's request. Several Board members felt the Petitioner was pre-mature in his request and very concerned with the unknown impacts on the residents nearby. Staff recommends that the properties along Stephens Church Road remain residential and only those uses generating a minimum number of trips should be permitted. Chairman Greer asked if the Petitioner would like to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 551 The Petitioner, Conrad Lowman, presented a history of the property and overview of the rezoning request. He requested the Board approve the rezoning request stating that he would like rezoning to B-2 Highway Business but would accept B-1 zoning and come back at a later date for a special use permit for a hotel. Chairman Greer asked if anyone was present to speak in opposition to the request. There being no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED to approve the request by Conrad Lowman to rezone approximately 8.39 acres of property located at 8871 Stephens Church Road from R-15 Residential to B-2 Highway Business District. NO SECOND WAS RECEIVED. After brief discussion from the Board, Chairman Greer asked Mr. Lowman if he would like to continue his petition for sixty days to allow the Planning Board the opportunity to further review the petition. Mr. Lowman reported that he would be willing to continue the request for sixty days for further input from the Planning Board. PUBLIC HEARING TO CONSIDER THE REQUEST BY CAROLINA MARINA AND YACHT CLUB, LLC FOR A SPECIAL USE PERMIT FOR A COMMERCIAL MARINA LOCATED AT 1512 BURNETT ROAD (S-545, 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 Ken Shanklin Matt Nichols W. A. Raney Laura Stasavich Rynal Stephenson Gene Merritt Michael P. Bradby James Fentress David Ward Kim Altman Chairman Greer reported that Commissioner Pritchett has asked to be recused from this item due to prior discussion on the subject with parties involved and asked for a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to recuse Commissioner Pritchett from the hearing due to prior discussion on the subject with parties involved. Upon vote, the MOTION CARRIED 4 TOO. Planning Director Dexter Hayes reported that Carolina Marina and Yacht Club, LLC is requesting a Special Use Permit to locate a commercial marina with 220 dry stack storage spaces and clubhouse at 1512 Burnett Road. At the February 2, 2006 Planning Board meeting, the Board voted 5 to 0 to recommend denial of the request. One board member had several questions about the environmental impacts of the projects and the viability of the existing use. Other board members felt the project was too large for the neighborhood and would be detrimental to the existing houses. Staff recommends denial of the original request. Since the Planning Board meeting, the Petitioner has revised the site plan to a smaller project. 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 Federal Point VFD. B. The site has direct access to Burnett Road (S.R. 1527) C. The site is served by private well and septic. D. Two Dry Stack Storage buildings (220 spaces) with associated parking, ten wet slips, and a clubhouse and office area are proposed. E. The project may also be subject to additional CAMA and Corps permits. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The 30' MHW setback can be accommodated for the proposed marina facility. B. The minimum 20' Buffer yard and a 12 foot street yard area are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 552 C. In accordance with Section 67 of the Ordinance, tree mitigation for removal of significant trees will be required. D. Night lighting by design and construction shall be contained on the site. E. A revised site plan has been submitted with the Special Use Permit. F. CAMA permits along with a storm-water infiltration system should affirm that the siting of the facility would have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 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. There is an existing Special Use Permit from 1971 for a commercial marina in this location. B. The existing Special Use Permit site plan shows some buildings within the COD setback area. C. The site is zoned R -15 Residential. Commercial marinas are permitted by Special Use Permit in all residential districts. 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 subject property is located in the Conservation Land Classification. The purpose of the conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. B. Boat access facilities in the County are limited. C. Policies in the Comprehensive Plan support utilizing dry stack storage as means of providing public access. D. Other policies promote additional facilities to provide water access. The Planning Staff concerns were as follows: 1) The scale of the project should be reduced to be more compatible with the surrounding neighborhood. Preserving the stand of oaks along the road frontage would accomplish both objectives. 2) The 20' buffer should extend the entire length of the southern property line. 3) A street yard should be provided along the road frontage. 4) The impervious surface within the COD setback should be reduced to the minimum necessary to provide useable access to the drop zone. 5) All of the vehicle movement areas should utilize pervious paving material to promote infiltration and reduce impacts. 6) Food sales should be limited to convenience items excluding alcohol. 7) Hours of operation should be established. Commissioner Davis confirmed with Planning Director Hayes that there is an existing Special Use Permit for this property that was approved on June 7, 1971, and the validity of that permit is currently being appealed. The Planning Board has acted on the appeal of the original Special Use Permit and ruled that there is no problem with the validity of the permit. If the Board grants the request before them, it will negate the original Special Use Permit, and therefore, the appeal of the validity of the original Special Use Permit. If the Board denies the request before them, the original Special Use Permit will remain in place, and therefore, the validity of the Permit can be appealed to the Board. Assistant County Attorney Holt Moore confirmed that he has spoken with the Petitioner appealing the validity of the original Special Use Permit and that they have requested the hearing before the Board of Commissioners be continued until after the proposed project is ruled on by the Board. Chairman Greer asked if the Petitioner wished to speak on the request. Attorney Ken Shanklin, on behalf of the Carolina Marina and Yacht Club, LLC, stated that the proposed project has been revised to reduce the dry slips to 104 and that they are willing to take the revised plan back to the Planning Board and Staff for their review. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to remand the request for a Special Use Permit at 1512 Burnett Road to the Planning Board due to the submission of a revised site plan that has not been reviewed by the Planning Board and Staff. Upon vote, the MOTION CARRIED 4 TO O. PUBLIC HEARING TO CONSIDER A REQUEST BY OLE THEA MCALLISTER FOR A SPECIAL USE PERMIT TO LOCATE A SINGLEWIDE MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT LOCATED AT 18 GRANNY ROAD (S-555, 03/06) 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 Olethea McAllister NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 553 Emerson Whitted Robert C. Kenan Planning Director Dexter Hayes reported that Olethea McAllister is requesting to locate a single-wide mobile home in an R-20 Residential District located at 18 Granny 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. The subject property abuts 1-140 in the rear. B. A joint well and individual septic will serve for the utilities. C. Access to the property is from Chair Lane, off Castle Hayne 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 R-20 Residential. B. A Special Use Permit in the R-20 Residential Zoning District permits singlewide mobile homes. C. The property currently has an existing house. D. The size of the property is 2.30 acres; enough property for both houses. E. The property can accommodate the setback requirements for a singlewide mobile home. 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. Two other mobile homes exist nearby, one on the adjoining property. B. No evidence has been presented that this project will decrease property values of nearby residents. 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 in this area is to protect the Castle Hayne Aquifer. B. Other mobile homes exist nearby, some many years or more. Planning Director Hayes reported that Staff does not have concerns with the request. Chairman Greer asked if the Petitioner wished to speak on the request. The Petitioner, Olethea McAllister, confirmed that she agreed with the findings of facts that were presented by Staff and requested the Board approve the request. Emerson Whitted stated that he owns three acres of property south of the proposed project and that he reluctantly agrees with the request because of Ms. McAllister's circumstances. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Robert C. Kenan, attorney representing the adjoining property owners, stated that his clients were concerned that having two mobile homes on one property decrease the value of their property and the health and safety of the septic system. He requested the Board deny the permit. 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 Olethea McAllister to place a single-wide mobile home in an R-20 Residential District located at 18 Granny 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 Olethea McAllister is to be the only resident approved for permanent occupancy in the singlewide mobile home. 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 3.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 13, 2006 BOOK 30 PAGE 554 PUBLIC HEARING TO CONSIDER APPEAL REQUEST BY WANDA RIVENBARK FOR TIDALW ALK SUBDIVISION (SA-25, 01/06) Chairman Greer opened the Public Hearing and announced that the appeal 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 John Wessell Wanda Rivenbark James Martin Andy Mills Planning Director Dexter Hayes presented the proposed project and reported that the County's Technical Review Committee (TRC) preliminarily approved the TidalWalk subdivision for 154 single family residential lots on December 7,2005. At the Planning Board's meeting on February 2,2006, they voted 4-0 to affirm the Technical Review Committee's decision approving the subdivision including the requirement of a road connection in accordance with County Subdivision Ordinance. Residents from the Sea View subdivision appealed to the Planning Board that the road connection leading from the TidalWalk subdivision to their subdivision would increase traffic, create safety issues and have an impact on the environment. Wanda Rivenbark, on behalf of Sea View residents, is appealing the road connection to the Board of County Commissioners based on environmental impact and safety Issues. Chairman Greer asked if the petitioner wished to speak on the request. Wanda Rivenbark, on behalf of Sea View subdivision residents, stated that they are opposed to the road connection due to concerns of harm to wetlands and the increase in traffic. She requested the Board waive the road connection ordinance and allow the developer of the TidalWalk subdivision to replace the road connection with a cul-de-sac. Chairman Greer asked if anyone from the public would like to speak in favor or opposition to the request. John Wessell, on behalf of Myrtle Grove Investments, LLC, stated that the road connection is a County ordinance and that a cul-de-sac in its place is fine with them. He requested that if the Board waive the road connection, they be allowed to replace it with a cul-de-sac. After brief discussion on the need for review of the subdivision interconnectivity ordinance, Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to support the appeal and deny the road connection known as Freemark Drive in the TidalWalk subdivision due to existing wetlands located near the road connection with the condition that the cul-de-sac replace the road connection and meet NCDOT requirements. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 9:52 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board