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HomeMy WebLinkAbout2006-04-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 555 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 3, 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 Reverend John Veasey, Pastor of First Baptist Church, gave the invocation. Commissioner Davis 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. 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 UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on March 13, 2006, as presented by the Clerk to the Board. Ratification of Grant Application for Pandemic Influenza Planning Funds - Health Department The Commissioners ratified the grant application to the North Carolina Office of Public Health and Health Preparedness for pandemic influenza planning funds in the amount of $49,030. If awarded, the funds will be used to establish a local health alert network between area physicians and the Health Department. This is a one-time grant funded project which will end when grant funding ends. No County match is required. Acceptance of Grant Funds from the North Carolina Public Beach and Waterway Access Program for Middle Sound Park The Commissioners accepted grant funds from the North Carolina Public Beach and Waterway Access Program in the amount of $97,000 and approved the associated budget amendment #06-0164 for the local match of $24,250. The funds will be used for the development of a one-mile walking trail, replacement of an existing 20-foot pier, and construction of an unpaved parking area for ten cars. Budget Amendment # 06-0164 - Parks/Contingencies Adiustment Debit Credit Contingencies: Contingencies Parks: N.C. Public Beach Grant Other Improvements $24,250 $97,000 $121,250 Explanation: To budget North Carolina Public Beach and Waterway Access Program grant for the development of Middle Sound Park. With approval of this budget amendment, the remaining balance in Contingency will be $121,3 41. Approval of Budget Amendments The Commissioners approved the following budget amendments: Budget Amendment # 06-0143 - Juvenile Day Treatment Center/NHCS Adiustment Debit Credit New Hanover County Schools: Contribution Salaries and Wages Social Security Taxes Retirement - Local Government Medical Insurance Expense Long Term Disability $117,200 $73,213 $ 4,031 $ 2,695 $26,701 $ 200 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 556 Budget Amendment # 06-0143 - Juvenile Day Treatment Center/NHCS (Cont.) Adiustment Debit Credit Printing $ 2,000 Supplies $ 7,000 Training and Travel $ 1,360 Explanation: Decrease contribution from New Hanover County Schools to show actual amount received for FY 05-06. Budget Amendment # 06-0144 - Juvenile Day Treatment CenterIMedicaid Adiustment Debit Credit Medicaid: Title XIX Fees $25,000 Salaries and Wages $25,000 Explanation: Adjust budget to show decrease in Medicaid revenues received. Changes in mental health laws disallowed billing for youth in group homes; therefore, decreasing the number of youth for whom the Juvenile Day Treatment Center received revenue. Budget Amendment # 06-0153 - Contingencies/Non-Departmental Adiustment Debit Credit Contingencies: Contingencies Non-Departmental: Guilford Mills $66,667 $66,667 Explanation: To budget the first of three payments to Guilford Mills as was approved by the Board on September 6, 2005. With this payment, the amount remaining in the contingency account is $78,924. Budget Amendment # 06-0157 - Sheriff's Office Adiustment Debit Credit General Government: Appropriated Fund Balance Sheriff's OfficeIPatrol: Capital Outlay - Motor Vehicle $125,000 $125,000 Explanation: To budget for the purchase of vehicles. This amount includes the road ready tax. Budget Amendment # 06-0161- Health Department Adiustment Debit Credit Animal Control: Miscellaneous Revenue Capital OutlayIMotor Vehicle $6,600 $6,600 Explanation: To budget insurance proceeds for wrecked vehicle. Funds will be used to buy a replacement truck. Budget Amendment # 06-0162 - Contingencies/Non-Departmental Adiustment Debit Credit General Government: Appropriated Fund Balance Non-Departmental: Fortron Industries $250,000 $250,000 Explanation: To budget the first of five payments to Fortron Industries as was approved by the Board on May 16, 2005. With approval of this budget amendment, $9,201,754 of fund balance will be appropriated in FY 05-06. REGULAR AGENDA Chairman Greer reported that the following additional item has been submitted. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 557 ADOPTION OF PROCLAMATION DECLARING THE WEEK OF APRIL 2-8, 2006 AS THE WEEKOFTHE YOUNG CHILD IN NEW HANOVER COUNTY Chairman Greer reported that the New Hanover County Partnership for Children has requested the Board declare the week of April 2 - 8,2006 as the Week of the Young Child in New Hanover County to focus public attention on the needs of young children and their families and to recognize the early childhood programs and services that meet those needs. Commissioner Pritchett read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring the week of April 2 - 8,2006 as the Week of the Young Child in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Five children from a Perfect Start Private Child Care presented each Commissioner with a handmade gift. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 40.1. ADOPTION OF RESOLUTION OF APPRECIATION TO JEAN AND EDDIE LAWLER, CHAIRS OF ENCHANTED AIRLIE PROGRAM Chairman Greer reported that the first "Enchanted Airlie" was held November 25 to December 23,2005. New Hanover County would like to give special recognition to Jean and Eddie Lawler, Chairs of "Enchanted Airlie". Their dedication and diligent efforts are apparent in the success of the event, one that promises to be a joyful new holiday tradition in New Hanover County. Chairman Greer read the resolution into the record and requested a motion for adoption. Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution recognizing the dedication and diligent efforts of Jean and Eddie Lawler, Chairs of "Enchanted Airlie". 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 40.2. RECOGNITION OF BRUCE T. SHELL, OUTSTANDING ALUMNI, CAMERON SCHOOL OF BUSINESS, UNC-WILMINGTON Chairman Greer reported that on March 22, 2006, County Manager Bruce Shell was recognized as one of three recipients of the 2006 Cameron School of Business Outstanding Alunmi Awards. These awards are given by the Cameron School of Business as part of the school's observance of Business Week. County Manager Shell is a 1977 graduate of the University of North Carolina at Wilmington. The other two recipients of the award this year are Linda Baddour, Chief Financial Officer, PPD, Inc., and Louis Rogers, Regional Director, Self-Help Credit Union. On behalf of the Board, Chairman Greer congratulated County Manager Bruce Shell on the recognition. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2006 AS SEXUAL ASSAULT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Amy Feath, Crisis Intervention Services Director with the Coastal Horizons Center has requested the Board declare the month of April 2006 as Sexual Assault Awareness Month in New Hanover County. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring the month of April 2006 as Sexual Assault Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Amy Feath, Crisis Intervention Services Director and Shemekka Miles, AdvocatelEducator from the Coastal Horizons Center, Inc. were present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 40.3. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2006 AS CHILD ABUSE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the Department of Social Services has requested the Board declare the month of April 2006 as Child Abuse Awareness Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record. Chairman Greer requested a motion for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 558 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring the month of April 2006 as Child Abuse Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 40.4. ADOPTION OF PROCLAMATION DECLARING APRIL 17-21,2006 AS APPRECIATION WEEK FOR NEW HANOVER COUNTY DEPARTMENT OF SOCIAL SERVICES EMPLOYEES Chairman Greer reported that the Department of Social Services has requested the Board declare April 17 -21, 2006 as Appreciation Week for New Hanover County Department of Social Services Employees. Vice-Chairman Caster read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring April 17-21, 2006 as Appreciation Weekfor New Hanover County Department of Social Services Employees. 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 40.5 EXPRESSION OF APPRECIATION AND SUPPORT BY KURE BEACH FOR THE 800 MHZ UPGRADE PROJECT Kure Beach Mayor Tim Fuller and Kure Beach Police Chief Dennis Cooper expressed their support and appreciation for the recent upgrade to the 800 MHz system reporting that they have experienced marked improvements in communications with the 911 Center and each other. Officers from the Kure Beach Police Department were present to show their appreciation. PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE SECTION 55-4 DIMENSIONAL REQUIREMENTS FOR HEIGHT AND FLOOR AREA RATIO REQUIREMENTS IN THE B-2 HIGHWAY BUSINESS DISTRICT (A-345, 12/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Dexter Hayes reported that the County Commissioners met on February 6, 2006 and voted 4 to 0 to table the request to amend Section 55-4 Dimensional Requirements of the New Hanover County Zoning Ordinance. The Board requested staff to publicize the text amendment request because of its potential impact to the City and County. Floor Area Ratio (FAR) requirements were adopted in the County's Zoning Ordinance in 1983 to allow for more intensive commercial development along major arterials which allows the developer to count the gross lot area to determine the amount of floor area allowed in the buildings. The applicant proposes a bonus in the allowable square footage if the lot coverage is limited and the parking is within the building footprint. Staff feels that this idea is appealing if additional green space can be preserved on the site. After review, Staff recommends an alternative change that would equate additional square footage with certain open space amenities. Staff recommendation adds the following provision: If all surface parking (excluding visitor drop-off and pick-up) is within the building footprint, additional floor area can be added at the rate of one foot of floor area per one foot of parking area. The Planning Board met on January 6, 2006 and voted 4 to 0 to recommend approval for the staff version of the text amendment. Chairman Greer asked if the Petitioner would like to speak on behalf of the request. The Petitioner, John Evans, stated that it would be more expensive to locate parking underneath the building but doing so would be more environmentally friendly resulting in less impervious surface. Robert Steele with Perkins Eastman, on behalf of the Petitioner, stated that he was available for questions from the Board. Douglas Burns with Perkins Eastman, on behalf of the Petitioner, reported on the benefits of the proposed text amendment changes. Warren Wilson, on behalf of the Petitioner, reported on the State's building code that regulates the height of buildings and the additional costs of higher buildings. Chairman Greer asked if anyone would like to speak in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 559 Alan Smith, on behalf of the Residents of Old Wilmington, Inc., reported that they are concerned with structure heights and the proposed project on the west bank of the Cape Fear River. George W. Edwards, on behalf of the Historic Wilmington Foundation, reported that the change would be good for the environment but should be modified to include only the net buildable area. This would help protect the environment. Michael Murchison stated that he is a downtown resident and endorsed the statements ofMr. Smith and Mr. Edwards. He voiced concern over the proposed project on the west bank of the Cape Fear River. Susi Hamilton, Executive Director of Wilmington Downtown, Inc., reported that they endorse the text amendment modifications suggested to count for only net buildable area as opposed to gross buildable area as identified by the CAMA Land Use Plan as conservation or resource protection areas. Planning Director Hayes clarified that the proposed change by the opposition of "gross lot area" to "net lot area" would limit the height of structures on commercial properties located on wetlands. The approval of the proposed text amendment does not guarantee the approval of the proposed project on the west bank of the Cape Fear River. Mr. Evans encouraged the Board to look at the text amendment change proposed and not consider the proposed project until a detailed plan is brought before the Board. Planning Director Hayes clarified that the proposed project on west bank of the Cape Fear River will require a special use permit by the Board and will not be allowed by right. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Commissioner Davis stated that he would like to have input from the City of Wilmington since the change in the text amendment would affect the City as well as the County. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the text amendments to Section 55-4 Dimensional Requirements of the New Hanover County Zoning Ordinance as recommended by staff. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Davis and Commissioner Pritchett voted in opposition. Copies of the amended sections of the New Hanover County Zoning Ordinance are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 40.6. PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE SECTION 110 DEVELOPMENT AGREEMENTS TO REFLECT CHANGES MADE BY THE NORTH CAROLINA GENERAL ASSEMBLY (A-346, 1/06) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Dexter Hayes reported that staff is requesting to amend the New Hanover County Zoning Ordinance Section 110 Development Agreements to reflect changes made by the North Carolina General Assembly in the 2005 Legislative Session. The legislation created a new tool for public-private cooperation in North Carolina. The use of development agreements is optional and must be adopted as an ordinance by the Commissioners. Chairman Greer asked if anyone would like to speak in favor or opposition to the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the text amendments to Section 110 Development Agreements of the New Hanover County Zoning Ordinance to reflect changes made by the North Carolina General Assembly in the 2005 Legislative Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the amended sections of the New Hanover County Zoning Ordinance are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 40.7. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY WITHERS AND RAVENEL ON BEHALF OF KEVIN HOBAN TO LOCATE A HIGH DENSITY DEVELOPMENT IN AN R-15 RESIDENTIAL DISTRICT AT 4416 SOUTH COLLEGE ROAD (S-549, 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 Cindee Wolf Christopher Chleborowicz Jay Hutchings NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 560 James Feneress Thomas Nettleman Planning Director Dexter Hayes reported that Cindee Wolf with Withers and Ravenel, on behalf of the Petitioner, Kevin Hoban is requesting to locate a high density development in an R -15 Residential District at 4416 South College Road. At the Planning Board's March 2,2006 meeting they voted 6 to 0 to recommend denial of the request. The Georgetowne Homeowners Association made a presentation opposing the project. The Board felt the project would not be in harmony with the area and was concerned with the additional traffic on South College Road. Planning Director Hayes presented the following findings offacts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The 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 South College Road, 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 Zoning District in accordance with certain performance criteria. B. The maximum number of allowed units on 12 acres in an R-15 under High-Density development is 122 units. The applicant proposal has 122 units. C. The minimum required amount of improved recreational area is 1.8 acres. The proposed site has 2.0 acres of improved recreational land. D. Parking, building height and impervious coverage satisfy the County Zoning Ordinance. E. 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. Several high density projects already exist along South College Road. Commissioner Davis confirmed with Director Hayes that the request was consistent with the Land Use Plan and that sufficient infrastructure is in place. Chairman Greer asked if the applicant would like to speak on behalf of the request. Christopher Chleborowicz, attorney on behalf of the Petitioner, reported that the opposition's concerns about drainage, devaluing of property values and traffic issues have been addressed. An affidavit from Ann Bowman, a North Carolina Real Estate Broker, stating that the proposed project will not devalue surrounding property values was submitted into the record. Ms. Bowman's affidavit states that not only has the Georgetowne subdivision property not devalued since the completion of the apartment complex, Tesla Park, but has increased in value dramatically. The proposed project's location and character would be in harmony with the area. There are multiple multi-family complexes within a one mile radius of the Georgetowne subdivision. Multi-family complexes are in conformity with the R-15 zoning. The proposed project fits well within the R-15 classification and meets all the criteria. Cindee Wolf with Withers and Ravenel, on behalf of the Petitioner, reported that the proposed project will not materially endanger the public health or safety. The traffic increase would be less than a couple hundred trips per day or less than a 1% increase and requires a NCDOT driveway permit. The proposed project will be in harmony with the area. Currently there is a wide variety of commercial uses in close proximity to the Georgetowne subdivision. The proposed project is a two story apartment complex which will be a transition from the three story apartments at Tesla Park to the patio homes at Ashley Park at Georgetowne and the Georgetowne subdivision. The proposed site plan has been designed for the least impact possible on the Georgetowne subdivision including a ten foot visual barrier. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Thomas Nettleman, on behalf of the Georgetowne Homeowners Association, reported that their objections to the proposed project were: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 561 . Over-stressed infrastructure; traffic on College Road and through their subdivision . The increase in Special Use Permit approvals . Drainage issues . The devaluation of their property values . Detracts from their entrance aesthetics . In direct sight line to six homes over $500,000 . The proposed project is between residential neighborhoods on College Road In conclusion, he requested the Board deny the Special Use Permit. Chairman Greer asked for rebuttal comments from the Petitioner. Mr. Chleborowicz stated that the drainage and traffic concerns have been addressed and there is no evidence that there would be a devaluation of property values. Planning Director Hayes reported that the effect on the traffic would negligible. The proposed project fits well within the R -15 classification and meets all the criteria. The evidence presented satisfies the burden of proof and the findings of facts and he requested the Board approve the request. Chairman Greer asked if there are any rebuttal comments from the opposition. Mr. Nettleman reported that initially drainage issues were the concern but the concern now is that the proposed use is not in harmony with the area. The Planning Board did vote to deny the request. Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to deny the Special Use Permit request by Withers and Ravenel, on behalf of Kevin Hoban, to locate a high density development in an R -15 Residential District at 4416 South College 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 is not in general conformity with the plan of development for New Hanover County due to traffic and drainage concerns. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 4.1. BREAK Chairman Greer called for a break at 7:40 p.m. until 8:03 p.m. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUEST BY WITHERS AND RAVENEL TO LOCATE A COMMUNITY BOATING FACILITY IN AN R-20S RESIDENTIAL DISTRICT LOCATED AT 1647 AND 1653 CANADY ROAD(S-554, 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 Cindee Wolf Robert A. Capps III Warren Taylor C. Robert Stroud Planning Director Dexter Hayes reported that Withers and Ravenel are requesting a Special Use Permit for a seven slip community boating facility in an R-20S Residential District at 1647 and 1653 Canady Road. The Planning Board, at their March 2, 2006 meeting voted 7 to 0 to recommend approval with four conditions. 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 Fire District. B. A private well will serve the dock facility. C. A very small percentage of the subject property is located in a 100-year floodplain. D. Access to the site is from Canady Road off Mason Landing Road. 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-20S Residential Zoning District. A Special Use Permit allows a community boating facility in an R-20S Residential Zoning District. B. The property has existing docks that need rehabilitation, which would require minimal environmental impacts. C. The site will not need any off-street parking, because it is close enough to the residential lots it serves. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 562 D. The proposed community boating facility has seven boat slips and seven proposed residential lots, which meets the required ratio. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities, as required by the Ordinance, are proposed for the facility. 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. Some commercial marinas and some community boating facilities have been previously permitted in the Middle Sound area. 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 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. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. B. An area approximately ten feet wide that runs along the entire creek bank is brackish marsh and is in the Conservation Overlay District (COD). C. Surrounding land uses include single-family housing. The Planning Board and Staff recommend the following conditions: 1) The applicant must replace the four trees cut down along the bluff of Pages Creek. The trees stabilized the bluff. 2) Protect the remaining significant trees on the property. 3) The three water-front lot owners relinquish their right to build individual docks. 4) No overhead lighting on the marina facility. Commissioner Davis confirmed with Planning Director Hayes that staff felt the request was consistent with the Land Use Plan. Chairman Greer asked if the petitioner wished to speak on the request. Cindee Wolf with Withers and Ravenel, representing the Petitioner, presented the proposed project and requested the Board approve the request stating that they agree with the findings of facts and the four conditions. Robert A. Capps III, the Petitioner, presented the proposed project and requested the Board approve the request. C. Robert Stroud with GCW Properties, representing the Petitioner, reported that the proposed project had no impact on navigational abilities and that the CAMA permit has not been applied for yet. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Warren Taylor, resident of Misty Harbour subdivision, stated that he is opposed to the proposed project due to environmental concerns and the seven proposed home sites. He requested the Board deny the request. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED to deny the request by Withers and Ravenel for a Special Use Permit for a seven slip community boating facility in anR-20S Residential District at 1647 and 1653 Canady Road. NO SECOND WAS RECEIVED. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Withers and Ravenel for a Special Use Permit for a seven slip community boating facility in an R-20S Residential District located at 1647 and 1653 Canady Road based on the evidence presented and the findings off act 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) The applicant mitigate the four trees cut down along the bluff of Pages Creek; 2) Protect the remaining significant trees on the property; 3) The three water-front lot owners relinquish their right to build individual docks; and 4) No installation of any type of overhead lighting. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 563 A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 4.2. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUEST BY BETSY BURBANK AND BRAD KERR TO LOCATE A VETERINARY OFFICE IN AN 0&1 OFFICE AND INSTITUTIONAL DISTRICT AT 2311 CASTLE HAYNE ROAD (S-552,03/06) 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 Betsy Burbank Brad Kerr Planning Director Dexter Hayes reported that Betsy Burbank and Brad Kerr are requesting a Special Use Permit to locate a Veterinary Office in an 0&1 Office and Institutional District at 2311 Castle Hayne Road. The Planning Board, at their March 2, 2006 meeting voted 7 to 0 to recommend approval. 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 Wrightsboro VFD. B. Water is provided by a well and sewer is provided by a septic tank. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Castle Hayne Road, a major arterial. 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 0&1 Office and Institutional Zoning District. A veterinary clinic requires a Special Use Permit in an 0&1 zoning district. B. Parking, street yard and setbacks satisfy the County Zoning Ordinance. C. The applicant is requesting a variance for the buffer yard requirements of 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. The abutting property to the south of the applicant's lot is a church in an R-20 Residential Zoning District. B. The abutting property to the north of the applicant's lot is a rental residential house. C. The property across Castle Hayne Road is zoned 0&1 Office & Institutional, but vacant. D. In addition to the veterinary clinic, other offices are proposed for the same building. E. 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 Urban Transition. The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. A few veterinary clinics already exist in 0&1 districts and neighborhood districts in other areas of the County. Commissioner Davis clarified 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. Brad Kerr, the Petitioner, presented the proposed project and requested the Board's approval and stated that he agrees with the findings of facts as presented. Chairman Greer asked if anyone from the public wished to speak on the request. There being no one, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Betsy Burbank and Brad Kerr to locate a Veterinary Office in an 0&1 Office and Institutional District at 2311 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 iflocated 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 564 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 4.3. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUEST BY LUCILLE PINER TO LOCATE A CEMETERY IN AN R-15 RESIDENTIAL DISTRICT AT 5708 MYRTLE GROVE ROAD (S-553, 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 1. B. Piner Planning Director Dexter Hayes reported that Lucille Piner is requesting a Special Use Permit to locate a cemetery in an R-15 Residential District at 3508 Myrtle Grove 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 is located within the Myrtle Grove VFD. B. No public water or sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Myrtle Grove Road. 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 a cemetery in an R -15 Residential Zoning District if the proposed cemetery meets Health Department regulations for cemeteries. B. The Zoning Ordinance does not require any other regulations or conditions for cemeteries. 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 uses exist in other residential districts in New Hanover County. B. All the abutting and adjoining property owners are family members to the applicant. C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site 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. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. B. Surrounding land uses include farming and single family residential. Staff recommendations are: 1) The applicant must register the proposed cemetery with the North Carolina Cemetery Commission for the purpose of keeping records of the site. 2) A legal description of the site must be recorded. Chairman Greer asked if the Petitioner wished to speak on the request. The Petitioner, 1. B. Piner, presented the proposed project. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to Lucille Piner to locate a cemetery at 5708 Myrtle Grove 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 iflocated and developed according to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 565 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) The applicant register the proposed cemetery with the North Carolina Cemetery Commission for the purpose of keeping records of the site; and 2) A legal description of the site be recorded and 3) Name the cemetery the Piner Family Cemetery to be used by family members only. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 4.4. PUBLIC HEARING TO CONSIDER A REQUEST BY J. C. HEARNE ON BEHALF OF THE STATE EMPLOYEES CREDIT UNION TO REZONE APPROXIMATELY 8.72 ACRES OF PROPERTY LOCATED AT 535 SANDERS ROAD AND 5830 CAROLINA BEACH ROAD FROM B-2 HIGHWAY BUSINESS DISTRICT AND R-15 RESIDENTIAL TO B-1 (CD) NEIGHBORHOOD BUSINESS CONDITIONAL USE DISTRICT (Z-831, 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 1. C. Hearne Stuart Hudson Planning Director Dexter Hayes reported that 1. C. Hearne, on behalf of the State Employees Credit Union, is requesting to rezone approximately 8.72 acres of property located at 535 Sanders Road and 5830 Carolina Beach Road from B-2 Highway Business District and R -15 Residential to B-1 (CD ) Neighborhood Business Conditional Use District. A small renmant of the Petitioner's property located in the northwest corner of Carolina Beach Road and Sanders Road is currently zoned B-2 Highway Business with the balance of the property located on Sanders Road zoned R-15 Residential. The Land Use Plan classifies this area as Limited Transition. Staff recommends approval. At the Planning Board meeting on Thursday, March 2,2006 they voted 7 to 0 to recommend approval of the petition with the following conditions: 1) Provide interconnectivity to the Mott's Landing subdivision to the north of the property. 2) Preserve the wetlands and COD area. 3) Participate in the costs of the required traffic improvements to Sanders Road and the Carolina Beach Road intersection according to a Traffic Impact Analysis. 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 Sanders Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located in a B-1 (CD) Neighborhood Conditional Use Zoning District. B. A credit union is an allowed use in a B-1 (CD) Neighborhood Conditional Use Zoning District. C. The site plan meets the requirements of the Zoning Ordinance for parking, but does not show the requirements for setbacks, buffers, landscaping. 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 presented that the proposed use will injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as Limited Transition. B. Surrounding land uses include a residential development of 284 units directly to the north of the property, B-1 (CD) directly across Sanders Road and south of the property. Commissioner Davis confirmed with Planning Director Hayes that the rezoning request is consistent with the Land Use Plan and the Petitioner agrees with the findings offacts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 566 Chairman Greer asked if the Petitioner would like to speak on the request. 1. C. Hearne, attorney for the Petitioner, presented the proposed project and requested the Board approve the request. Chairman Greer asked if anyone would like to speak in opposition to the request. Hearing no one, 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 the State Employees Credit Union to rezone approximately 8.72 acres of property located at 535 Sanders Road and 5830 Carolina Beach Road from B-2 Highway Business District and R-15 Residential to B-1 (CD) Neighborhood Business 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 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 73. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to 1. C. Hearne on behalf of the State Employees Credit Union to locate a credit union 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) Provide interconnectivity to the Mott's Landing subdivision to the north of the property; 2) Preserve the wetlands and COD area; 3) Participate in the costs of the required traffic improvements to Sanders Road and the Carolina Beach Road intersection according to a Traffic Impact Analysis; and 4) Present the planning staff a revised site plan that meets the Zoning Ordinance requirements before any County permits are issued. 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 4.5. PRESENTATION ON ARNOLD ROAD DRAINAGE ISSUES Chairman Greer reported that Thomas Toby received a Notice to Abate Nuisance regarding his property on Arnold Road and a hearing was subsequently held with Assistant County Manager Dave Weaver. At Mr. Toby's request, the hearing was continued until he could be heard by the New Hanover County Commissioners. Mr. Toby reported that the grounds for his appeal are the following: . DOT is responsible for maintenance because the blockage is caused by rain and sand that washes into the culvert filling up the pipe. . The culvert services the storm water runoff from approximately twenty homes and he should not be responsible for bearing the entire cost of maintenance for this many homes. . The culvert has been clogged by sand and sediment running into the pipe from other properties and off a DOT road with the design of the drainage being such that this cannot be avoided. . He has actively been pursuing an equitable means of alleviating the problem and securing a means for future maintenance and doesn't feel he should be threatened with a lien. . Nothing in his homeowners papers report that the property he purchased at 812 Arnold Road includes a buried culvert pipe as part of his property or that he is responsible for the pipe. In closing, Mr. Toby requested the Board assess the homeowners located on Arnold Road for the cost of the repaIrs. Commissioner Kopp reported that he went and looked at the property and feels that the State should be responsible since the drainage issues are caused by the road system but Assistant County Manager Weaver should make his ruling on the appeal. Commissioner Davis clarified with Assistant County Manager Weaver that a similar case was appealed to the County and that the ruling was upheld and the homeowner had to pay. He stated that he felt there was a need to be consistent with the appeal process and the rulings. After brief discussion, Chairman Greer asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to table the appeal request to the Board of County Commissioners until Assistant County Manager Dave Weaver makes his ruling on the appeal request. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called for a break at 9:35 p.m. until 9:40. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 567 Chairman Greer reported that Regular Agenda Item #9- Memorandum of Understanding for the Metropolitan Planning Organization has been pulled. APPROVAL OF MEDICAID POSITIONS FOR THE DEPARTMENT OF SOCIAL SERVICES Department of Social Services Director La Vaughn Nesmith reported that the Medicaid Program is continuing to experience significant growth due to service expansion and client caseload. The department is requesting three additional positions: one Economic Services Supervisor and two Economic Services Caseworker positions for Zone 2. These positions are being requested to be established immediately as there is an immediate need rather than inFY06-07. Assistant Director Sam Lane presented an overview of the services that are provided by the Department of Social Services, the clients that are being served and the financial challenges that are ahead. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve three additional positions to the Department of Social Services for one Economic Services Supervisor and two Economic Services Caseworker for Zone 2. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF IMPLEMENTATION OF NEW HANOVER COUNTY ROADSIDE CLEANUP PROGRAM Assistant County Manager Pat Melvin reported that per the request of the Board, Staff has collaborated with Commissioners, Community Services Program staff, and Judges Fullwood and Corpening to develop a roadside cleanup program. The Judges will sentence workers to serve through the Community Services Program. The County will be required to enter an agreement with the Community Services Program for this service. Designees will work one day per weekend removing debris from designated locations. The County will provide a vehicle to transport workers to and from sites, supervision of workers, and all necessary supplies for the removal. The Keep America Beautiful staff will be responsible for administrative oversight and management of this program. Staff is requesting the Board approve the implementation of the program and the associated budget amendment #06-0166 at a projected cost of$2,500. This amount will cover the cost of hiring a part-time supervisor, fuel, cellular phone for emergencies, and debris removal supplies. The amount of $8,651 will be included in the FY 06/07 budget to cover the continuation of this program. If approved, a part -time supervisor will be hired and the program will begin by May 1, 2006. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the implementation of the Roadside Cleanup Program and the associated budget amendment #06-0166. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment # 06-0166 - Contingencies/Courts Adiustment Debit Credit Contingencies: Contingencies Courts: Temporary Salaries Miscellaneous Pay Cellular Supplies $2,500 $1,560 $ 120 $ 150 $ 670 Explanation: To budget start -up costs for Roadside Cleanup Program. Program will begin May 1, 2006. With approval of this budget amendment, the amount remaining in Contingency is $76,424. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:02 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10: 16 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 ACCEPTANCE OF CAMA GRANT FUNDS FOR ACQUISITION OF PROPERTY Parks Director Neal Lewis reported that the County has been awarded a beach access waterway grant from CAMA. The grant stipulates that the funds be used for the acquisition of property needed for beach access. Staff is requesting the Board accept the grant funds and authorize the County Manager to execute the contract purchasing the property located at 1709 Indian Cove Avenue in the amount of $70,000 which is inclose proximity to a small island that the County currently owns. The property would be used for parking when accessing the footbridge leading to the island. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2006 BOOK 30 PAGE 568 There is a 25% required match in the amount of $17,500. At this time there are no plans for development of the property. Commissioner Kopp stated his concern that the proposed property is in a residential area and the use as a parking lot would not be in harmony with the surrounding area and that public safety would be an issue. After brief discussion on accepting grant funds when available and developing the property at a later date, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to accept the CAMA grant funds, authorize the County Manager to execute the contract purchasing 1709 Indian Cove Avenue in the amount of$70,000 and approve the County match in the amount of$17,500. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Davis and Commissioner Kopp voted in opposition. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported on attending the following meetings and events: Junior League grant recipient luncheon; TDA meeting; DSS Board meeting; Coastal Land Trust meeting and Airlie Gardens building dedication ceremony. Items Presented by Commissioner Pritchett Commissioner Pritchett reported attending the following meetings and events: Served as the Honorary Co-Chair for the Empty Bowls project and presented greetings to the North and South Carolina representatives for the Foster Grandparents RSVP program. Commissioner Pritchett reported that New Hanover County has received a JCPC Grant for the Gang Task Force in the amount of $276,807. The funds will be used for intervention projects. CLOSED SESSION Chairman Greer announced that a Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) is needed to consult with the County Attorney regarding a matter of potential litigation. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to convene to Closed Session, pursuant to N.C.G.S. 143-318. 11(a)(3) to consult with the County Attorney regarding a matter of potential litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 10:40 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 11:40 p.m. and announced that the Board has consulted with the County Attorney regarding a matter of potential litigation. ADJOURNMENT Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. There being no further business, Chairman Greer adjourned the meeting at 11:40 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board