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2005-07-11 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 355 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 11, 2005, 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, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O'Neal; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend George W. Maize IV, Warner Temple AME Zion Church, gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Meeting - June 20, 2005 Adoption of Resolutions to Add Murray Farms Road and Bridle Court in Murray Farms Subdivision and Juvenile Center Road to the State Highway System The Commissioners adopted resolutions to add Murray Farms Road and Bridle Court in Murray Farms Subdivision and Juvenile Center Road to the State Highway System (Div. File No.: 1059-N and 1067-N) Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIX, Page 24.1. Approval of Health Department Fee Policy to Accommodate Recent Changes in Medicaid Reimbursement Rates and Laboratory Procedures The Commissioners approved changes to the Health Department Fee Policy to accommodate recent changes in Medicaid reimbursement rates for services provided in the Clinic and Home Visiting Programs and laboratory processing procedures. Due to a need to replace expensive laboratory equipment it will be more cost effective to send these procedures to a reference lab for processing. It is estimated that projected revenue will be increased by $25,000. Approval of Health Department Fee Policy to Bill Medicaid for the Menactra Vaccine The Commissioners approved changes to the Health Department Fee Policy to add the Menactra vaccine to the list of flu and pneumonia vaccines provided to Medicaid and Medicare Part B recipients. Insurance companies will not be billed for these vaccines except for Blue Cross Blue Shield due to Cost Wise reimbursement, which requires NHC to bill for vaccines. Patients will be provided a receipt for billing their insurance company. Acceptance of Recommendations of the Museum Advisory Board for the Deaccession of Specified Items from the Museum's Permanent Collection and Recommendations for Subsequent Use The Commissioners accepted the recommendations of the Museum Advisory Board for the deaccession of specified items from the Museum's Permanent Collection and recommendations for subsequent use. Acceptance of 2005 Grant Award from the Homeland Security Grant Program The Commissioners accepted the grant award from the 2005 Homeland Security Grant Program from the Governor's Crime CommissionJDHS Homeland Security Grant Program in the amount of $10,700, authorized the County Manager to sign the grant and the Memorandum of Agreement and approved the related budget amendment. The funds will be used to purchase four heavy-duty dive suits specifically designed for use in contaminated water conditions. No local match is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 356 Budget Amendment #06-0002 - Sheriff Adiustment Debit Credit Administration: Department of Homeland Security Detectives: Safety Equipment $10,700 $10,700 Explanation: To increase budget for the 2005 Project Homeland Security Grant Program from the Governor's Crime CommissionJDHS Homeland Security Grant Program. Approval of Budget Amendment #2005-58 - Hanby Beach Sewer Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2005-58 - Hanby Beach Sewer Capital Proiect Adiustment Debit Credit Sales Tax Refund: Contributions from Carolina Beach Capital Project Expense Transfer to Water/Sewer $ 49,566 $ 23,553 $248,808 $321,927 Explanation: For accounting purposes only. To close Fund 880 - Hanby Beach Sewer. REGULAR AGENDA ADMINISTRATION OF OATH OF OFFICE TO THE GOVERNOR'S CRIME COMMISSION JUVENILE JUSTICE PLANNING COMMITTEE APPOINTEE Chairman Greer reported that James Winston Pierce, Jr. with Kids Making It is a woodworking instructor at the Juvenile Day Treatment Center. Mr. Pierce has been appointed to be a member of the Governor's Crime Commission Juvenile Justice Planning Committee to annually determine goals and objectives with respect to funding programs in NC that deal with at risk youth. This position requires the appointee to be sworn in by a local government official. Chairman Greer administered the Oath of Office to Mr. Pierce as a member of the Juvenile Justice Planning Committee of the Governor's Crime Commission and on behalf of the Board, congratulated him on the appointment. A copy of the Oath of Office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX. Page 24.2. CONSIDERATION OF REQUEST TO FUND PART-TIME POSITION FOR DRUG TREATMENT COURT Judge James Faison reported that as a result of cuts in the State's budget for FY 2005-06, the New Hanover County Drug Treatment Court would lose funding for a part -time case manager position. The loss of the part -time case manager will result in the Court being able to provide services to thirty-five clients instead of the annual goal of sixty. The work performed by the Drug Treatment Court program reduces the jail population. A drug conviction nets a sentence of not less than one year. It is estimated that this program saves the County thousands of dollars per year, and would suffer without the part-time case manager who supplements the work of a full-time program coordinator. Judge Faison requested that the Board approve the funds to cover the salary of the part-time case manager at an estimated cost for FY 05-06 of $19,892. After brief discussion, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the funds to cover the salary of the part-time New Hanover County Drug Treatment Court case manager at an estimated cost for FY 05-06 in the amount of $19,892. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF OPTIONS TO TEMPORARILY LIMIT LARGE-SCALE COMMERCIAL DEVELOPMENT ON MARKET STREET Commissioner Davis stated that he is requesting the Board to consider implementing an ordinance restricting any residential or commercial project that would have a large impact on the traffic on Market Street from the City limits to the Pender County line. After talking with Deputy County Attorney Kemp Burpeau and Planning Director Dexter Hayes he has been advised that an ordinance would need to be on a temporary basis citing the health and welfare of the citizens. The outer loop is still a year and a half away from completion. Military Cutoff traffic is also a concern but that project has just been started and is two to three years away from completion and would not fall into the temporary basis category. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 357 Planning Director Hayes reported that the model that is used to require a traffic impact analysis is if a project generates more than one hundred trips in any peak hour. Using this model as a guide, Staff felt that the formula of one hundred trips in any peak hour would be a good standard to use in determining what constitutes a major project. The individual project use would determine the peak hours for that project. Vice-Chairman Caster reported that he has received e-mails concerning the proposed Ogden area Wal-mart project but that the zoning was appropriate and in place. The project is on track and the appropriate permits are being obtained. Lanny Wilson, member of the NC Transportation Board, stated that he would prefer the Commissioners partner with NCDOT instead of imposing a rezoning moratorium. He proposed that the County work together over the next six months with NCDOT integrating a land use plan and a transportation plan for all of Market Street. The by-pass under construction is estimated to be completed by June 15, 2006. The Market Street corridor has been allocated $9.7 million by NCDOT from Colonial Avenue up through Porter's Neck Road that includes improvements between New Center Drive and Martin Luther King Highway. Chairman Greer stated that he feels that the Access Management Plan Committee for Market Street, endorsed by the Board at their July 12, 2004 meeting, should have been working closely with NCDOT. Commissioner Davis asked Mr. Wilson what would be the impact of having a moratorium on building on Market Street for the next six months along with the County working with NCDOT. Mr. Wilson commented that he felt that the best method would be for the County to work together with NCDOT to integrate a land use plan and transportation plan for Market Street without a moratorium on building. Commissioner Kopp clarified with Mr. Wilson that it is his recommendation that the County not accept any more rezoning requests for Market Street until the land use plan and transportation plan is completed and that the study will consider the super street concept and bus loading lanes. Chairman Greer asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, that the County partner with NCDOT on a land use plan and transportation plan for Market Street and that the Board not accept any rezoning requests for six months from today until the plan can be implemented. Commissioner Pritchett asked Assistant County Attorney Holt Moore what the legal ramifications would be in not accepting rezoning requests for six months. Attorney Moore stated that not accepting rezoning requests would be considered to be a moratorium on rezoning. A very specific moratorium ordinance would need to be approved by the Board. A source of concern is that a change in zoning doesn't necessarily have a connection with building. A rezoning request can be approved without the petitioner building on the property. Chairman Greer stated that he would prefer to see the Board look at each rezoning request on a case-by- case basis and partner with the NCDOT to integrate a land use plan and a transportation plan for Market Street. Commissioner Kopp withdrew the motion. Substitute Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, that over the next six months that the County partner with NCDOT integrating a land use plan and a transportation plan for all of Market Street and authorized the Chairman, on behalf of the Board, to write a letter to the City of Wilmington requesting their participation. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Davis MOVED that Staff be directed to proceed with drafting a proposed temporary ordinance and schedule a public hearing on that proposed ordinance that would place any new building permits on hold for major developments pending completion of the US 17 By-pass Outer Loop. The proposal would define a major development, either residential or commercial, as a project generating one hundred trips per peak hour with traffic accessing Market Street. NO SECOND WAS RECEIVED. Commissioner Kopp stated that he attended a traffic forum where the proposed Wal-mart in the Ogden area was a topic of concern to the citizens. He stated that he is in favor of free enterprise and property rights but due to the traffic problems in the form of hazards and delays he would like to appeal to Wal-mart to delay their project in the Ogden area until the By-pass is completed. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to adopt a resolution requesting Wal-Mart to reconsider its decision to build a store in the Ogden area, specifically to either not construct one at that location, or at a minimum, to delay construction until NCDOT improvements are in place. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 358 Commissioner Davis stated that the zoning for the Wal-mart project in the Ogden area was already in place. He clarified with Planning Director Hayes that a project of this magnitude constituted a major traffic impact with one hundred trips per peak hour. Substitute Motion: Vice-Chairman Caster MOVED, for the Board not to accept any rezoning requests that will affect traffic on Market Street for a period of six months. NO SECOND WAS RECEIVED. Chairman Greer asked for the direction of the Board on the motion. Commissioner Davis stated that he felt it was not realistic to ask Wal-mart to delay their project. Vice-Chairman Caster stated that the By-pass would be completed before the Wal-mart was open. He clarified with Planning Director Hayes that a DOT process is in place to monitor traffic concerns and address those issues. He stated that he would vote for the motion if the Ogden Wal-mart was not named specifically. Substitute Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to delay any major project, residential or commercial, that would generate more than one hundred cars at peak hour for six months. Commissioner Pritchett asked Assistant County Attorney Moore what the legal ramifications would be in delaying major projects for six months. Assistant County Attorney Moore cautioned that delaying major projects for six months would need to be treated as a moratorium ordinance and would likely be challenged. County Attorney Wanda Copley stated that due to legal ramifications the Board should move cautiously when considering a moratorium ordinance. Chairman Greer stated that he would like to see the Board control future development on Market Street on a case-by-case basis and not put a moratorium on building. Commissioner Kopp withdrew the original motion. Vice-Chairman Caster withdrew the substitute motion. Motion: Commissioner Pritchett MOVED, to direct Staff, the Planning Board and NCDOT to work diligently with all developers, to in any way possible, reduce the traffic impact on Market Street. NO SECOND WAS RECEIVED. Chairman Greer requested County Manager O'Neal to direct staff to begin working closely with NCDOT. County Manager O'Neal requested that the Commissioners meet with the Planning Board and the Planning Department and discuss the implementation of ordinances. PUBLIC HEARING TO CONSIDER A REQUEST BY SAMM, INC. ON BEHALF OF MATTOCKS ET AL TO REZONE A TOTAL OF APPROXIMATELY 26.03 TOTAL ACRES WITH ONE REQUEST TO REZONE APPROXIMATELY 16.81 ACRES OF PROPERTY LOCATED BETWEEN THE 8600 AND 8700 BLOCKS OF MARKET STREET FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS AND THE SECOND REQUEST TO REZONE APPROXIMATELY 9.22 ACRES OF PROPERTY FROM R-15 RESIDENTIAL/B-1 NEIGHBORHOOD BUSINESS TO B-2 HIGHWAY BUSINESS (Z-799, 06/05) Planning Director Dexter Hayes reported that the Petitioner, Samm, Inc. on behalf of Mattocks et al has requested that the item be continued until the next meeting of the Board. BREAK: Chairman Greer called for a break at 3:30 p.m. until 3:45 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS & RAVENEL ON BEHALF OF WAVERLY INVESTMENTS TO REZONE APPROXIMATELY 0.88 ACRE OF PROPERTY LOCATED AT 8015 MARKET STREET FROM R-15 RESIDENTIAL TO 0&1 OFFICE AND INSTITUTIONAL (Z- 797, 06/05) Z- 799 Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to present the staff summary. Planning Director Hayes reported that Cindee Wolf with Withers & Ravenel on behalf of Waverly Investments is requesting to rezone approximately 0.88 acre of property located at 8015 Market Street from R -15 Residential to 0&1 Office and Institutional. The subject property is located on the west side of Market Street near Sweetwater Drive and has approximately 150-feet of road frontage on Market Street. The property adjacent and southwest of the request was rezoned to 0&1 in July, 2003 and is presently vacant. To the north is an area of B-2 Highway Business that was purchased by the hospital several years ago. Across the street from the subject property is an I-I Light Industrial District that has a variety of small retail and health care type businesses. Staff recommends approval of the applicant's request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 359 At the Planning Board's June 2, 2005 meeting, they voted 5-0 to recommend approval of the applicant's request. The Planning Board also recommended extending the 0&1 Business District located northeast of the site to include the access frontage owned by the YMCA. No one in opposition was present at the meeting. Chairman Greer clarified with Planning Director Hayes that the proposed project would not have a negative effect on Market Street traffic. Commissioner Davis clarified with Planning Director Hayes that this was consistent with the Land Use Plan and would not generate more than one hundred trips per peak hour. Commissioner Pritchett asked Planning Director Hayes if the YMCA was in favor of the rezoning. Planning Director Hayes responded that the YMCA had been notified and no one had spoken in opposition of the request. Commissioner Pritchett requested a Staff member contact the YMCA concerning the request. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolf, representing Withers & Ravenel on behalf of Waverly Investments stated that she is requesting to rezone approximately 0.88 acre of property located at 8015 Market Street from R-15 Residential to 0&1 Office and Institutional. She stated that trip generation daily would be minimal with no more than thirty trips per day. It would be logical as a housekeeping issue to include the access frontage owned by the YMCA in the rezomng. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Assistant County Manager Pat Melvin confirmed that she had spoken with the YMCA and that they were in favor of the rezoning. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by Withers & Ravenel on behalf of Waverly Investments to rezone approximately 0.88 acre of property at 8015 Market Street from R-15 Residential to 0&1 Office and Institutional. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6,1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 55. PUBLIC HEARING TO CONSIDER THE REQUEST BY RON SPARKS ON BEHALF OF HOPE CHILD CARE AND DEVELOPMENT CENTER FOR A SPECIAL USE PERMIT TO LOCATE A DAYCARE FACILITY IN AN R-15 RESIDENTIAL DISTRICT AT 4905 SOUTH COLLEGE ROAD (S-531, 06/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Marta Jo Slater Sheila Sokolinsky W.L. Snead Kevin Gray John H. Page Brooke B. Sunmer Tricia Melvin Ronald Sparks Barbara Birkenheuer Gary A. Smith Pam DeSelms Nancy Dasbach Grady Richardson Planning Director Hayes reported that Ron Sparks on behalf of Hope Childcare and Development Center is requesting a Special Use Permit to locate a daycare facility in an R-15 Residential District located at 4905 South College Road in the former Chesterbrook Academy facility. The existing facility will also house an elementary school and church. Elementary schools and churches are permitted in R-15 Residential Districts. The Planning Board, at their June 2, 2005 meeting, recommended approval of the special use request by a vote of 5-0. Nearby resident concerns included increased traffic and safety issues from College Road, hours of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 360 operation, overflow parking, and accessibility to the facility from Foxwood Lane. Staff recommends the creation of a child drop-off and pick-up area to the rear of the property at Foxwood Lane and that the existing NCDOT Driveway Permit for the project be reviewed by NCDOT for the change of use. Planning Director Hayes presented the following findings offacts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The child daycare facility will be served by public water and sewer. B. The daycare is proposed to have approximately one hundred children. C. The existing facility will also house an elementary school and church. Elementary schools and churches are permitted in R -15 Residential Districts. D. Access to the site will be a single driveway from South College Road. College Road is classified as an arterial road on the County's Thoroughfare Classification Plan. E. The site is located within the Myrtle Grove VFD. F. Total area of the site is 4.04 acres. 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 R -15 Residential District. A child day care facility is permitted by Special Use Permit. B. A site plan has been submitted displaying the existing school (12,128 sq ft), and future family life center (14,048 sq ft). C. Existing setbacks, buffer yards, and parking will need to meet the County's 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 surrounding land use is R-15 Residential. B. An existing storm detention pond is located on site. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 1999 Land Classification Plan identifies this area as Resource Protection. This class provides for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. The primary land use adjoining the subject site area is residential with B-2 Highway Business and other institutional uses located nearby. Commissioner Davis confirmed with Planning Director Hayes that the request was consistent with the Land Use Plan. Commissioner Pritchett clarified with Planning Director Hayes that Staff recommends the creation of a child drop-off and pick-up area to the rear of the property at Foxwood Lane. Chairman Greer asked if anyone from the public wished to speak in favor of the request. Marta Jo Slater, potential director of the Hope Childcare and Development Center stated that the hours of operation are 7:30 to 5:30. Child pick-up will be staggered with most of the children attending from 9 a.m. to 1 p.m. so traffic will not be an issue. Hope Childcare and Development Center offers quality childcare that is a necessity in the County and requested the Board approve the special use permit request. Sheila Sokolinsky stated that she is a parent of two children who have attended the day care when it was housed across the street at the United Advent Christian Church. She spoke on the need for quality daycare in this part of the County and requested the Board approve the special use permit request. W. L. Snead, representing HOPE Childcare and Development Center, stated that he feels that children are our most important asset and requested that the Board approve the special use permit. Kevin Gray stated that he has had children at the previous facility of two years that was located across the street from the requested project. Traffic will not be a problem with the staggered drop-off and pick-up times. The facility will continue to be run as a five star facility with a Christian curriculum and he requested the Board approve the special use permit. John H. Page stated that he has a child that will only be attending the daycare facility until the beginning of the school year but is interested beyond his own personal need in seeing the vacant facility become a viable part of the community and requested the Board approve the special use permit. Brooke B. Sunmer, parent of children attending HOPE Childcare and Development Center and resident of Greenbriar subdivision, spoke on the staff retention rate and the Christian curriculum at the center. She voiced her concern of the building remaining vacant and requested the Board approve the special use permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 361 Ronald Sparks, stated that he is the engineer in charge of the project and that the Foxwood Lane access would be used only as an emergency exit and not as a day care drop-off. He stated that drop-off and pick-up times would be staggered and the traffic impact would be minimal. He stated that he agrees with the findings of facts read by Planning Director Hayes. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Barbara Birkenheuer stated that she was speaking on behalf of residents of Woods Edge HOA. She stated that the residents are requesting certain stipulations be included if the special use permit is approved. She requested that the hours of operation be limited to 6 a.m. to 6 p.m., a limitation on enrollment of no more than one hundred children, lighting to remain as it currently is and the buffer of trees be expanded. The residents are opposed to the opening of the back entrance on to Foxwood Lane. Gary Smith stated that he is a Chesterbrook homeowner and is concerned about traffic issues and the gate in the rear of the proposed project being open for daily use. Pam DeSelms stated that she is a resident of Greenbriar and is representing residents of who are opposed to the special use permit. She stated that she is presenting the Board with a petition of eighty- three signatures of residents opposed to the special use permit stating concerns of traffic congestion and an increase in accidents. Grady Richardson stated that he is the attorney representing Chesterbrook at Brenwyck HOA. He stated that the homeowners are opposed to the use of the rear access road that opens onto the Foxwood Lane cul-de-sac and presented the following exhibits into the record: Exhibit 1 - E-mail from Ronald Sparks, PE concerning the use of the rear access road. Exhibit 2 - Twenty-five affidavits from residents of Chesterbrook and Brenwyck HOA opposed to the use of the rear access road. Exhibit 3 - Transcripts from the Planning Board Meeting on June 2, 2005 with no support of opening the use of the rear access road. Exhibit 4 - Letter from Ingram, McKensie and Associates, Inc. Real Estate Appraisers, Analysts and Consultants stating that the opening of the rear access road onto Foxwood Lane would have a significant negative impact on the value of those homes near the cul-de-sac at the west end. Mr. Richardson stated that the homeowners do not object to the rear access road being used for emergency vehicles, church gatherings or special events. Chairman Greer asked for rebuttal comments. Ms. Slater stated that traffic has been eliminated since the closing of the United Church Daycare, which was located across the street from the proposed project. She spoke on the need for quality daycare in this part of the County and that the decision of the Board will affect one hundred families. Chairman Greer clarified with Ms. Slater that she agreed with the hours of operation being limited to 7:30 a.m. to 5:30 p.m. She stated that it would be the decision of the daycare owners whether to agree to limit the number of students to one hundred and that she is willing to work with the surrounding homeowners. Mr. Sparks stated that he is willing to agree to limiting the number of students to no more than one hundred, keeping the lighting as it currently is and to add additional buffer material. He stated that he is willing to meet with homeowners about any concerns that they have. Ms. Birkenheuer stated that she would like both neighborhoods to meet with the daycare staff and owners. Mr. Smith stated that he is not opposed to the daycare but is concerned about the traffic through the two neighborhoods. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Commissioner Pritchett stated that the proposed project was a good use of the vacant building and that the day care owners and staff have stated that they are willing to work with the surrounding subdivisions to address their concerns. Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the request by Ron Sparks on behalf of Hope Childcare and Development Center to locate a daycare facility in an R-15 Residential District located at 4905 South College Road based on staff recommendations and the findings of facts with the following stipulations: 1) the rear access road that opens onto the Foxwood Lane will be used for emergency or special event use only; 2) operation hours will be limited to 6 a.m. to 6 p.m.; 3) the number of students will be limited to no more than one hundred; 4) the lighting will continue to be non-intrusive; and 5) that the existing NDCOT Driveway Permit for the project be reviewed by NDCOT for the change of use. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 362 A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 35.1. BREAK: Chairman Greer called for a break at 5: 15 p.m. until 5:22 p.m. PUBLIC HEARING TO CONSIDER REQUEST BY DAVE HEWETT TO LOCATE A SINGLE-WIDE MOBILE HOME IN AN RA RURAL AGRICULTURAL DISTRICT AT 21 CASTLE FARMS ROAD (S- 532,07/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Teresa Chandler Planning Director Hayes reported that Teresa Chandler on behalf of Dave Hewett is requesting to locate a singlewide mobile home in an RA Rural Agricultural District located at 21 Castle Farms 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 a part of the Castle Farms Mobile Home subdivision located in the Castle Hayne Community near Lynn Avenue. B. The singlewide mobile home will be served by individual well and septic system. C. The subject property is located within the Castle Hayne VFD. D. Access to the subject property will be on Castle Farms Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is located in an RA Rural Agricultural Zoning District. B. Single Wide Mobile Homes are permitted by special use permit in the RA District. C. Setback requirements of the RA District for the singlewide mobile home can be met. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Other singlewide mobile homes exist nearby. B. A Special Use Permit was recently granted by the County for a singlewide mobile home on the corner of Lynn Avenue and Castle Farms Road. 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 site is classified as Resource Protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B. Other mobile homes have existed nearby for more than 10 years. Commissioner Davis clarified with Planning Director Hayes that the request was consistent with the Land Use Plan. Chairman Greer asked if anyone from the public wished to speak on the request. Teresa Chandler on behalf of Dave Hewett stated that she was requesting to locate a singlewide mobile home in an RA Rural Agricultural District located at 21 Castle Farms Road and that she agreed with the findings of facts read by Planning Director Hayes. 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 Pritchett, to approve the request by Teresa Chandler on behalf of Dave Hewett to locate a single-wide mobile home in an RA Rural Agricultural District located at 21 Castle Farms Road based on staff recommendations and the findings of facts with the stipulation to allow the setback adjustments in accordance with the Zoning Board. 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 III, Page 35.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 363 CONSIDERATION OF THE PARKS DEPARTMENT REQUEST TO SUBMIT A GRANT TO THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO PROVIDE PEDESTRIAN ACCESS TO PUBLIC BEACHES AND PUBLIC TRUST WATERS Senior County Planner Chris O'Keefe reported that the State has asked the County to submit final applications for two projects. If awarded the grants would provide pedestrian access to public beaches and public trust waters. The projects together would require a commitment of approximately $40,000 from the County. The first application is to purchase land near and adjacent to the property known as the Spike Property. The acquired property would be used to provide parking so that people could access the property by foot. Planning staff has been in contact with property owners of two vacant parcels of land that would be suitable for this purpose. The properties are valued between $40,000 and $50,000 each. The application denotes the purchase of both properties at a cost of under $100,000 that would include closing costs. The State requires a 25% match for this funding source; the County's share of this cost would be between $20,000 and $25,000. Chairman Greer asked if anyone from the public wished to speak on the request. Michael Snyder representing Cape Fear Paddlers Association stated that the club supports the project. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the resolution authorizing the submittal of the final application for Public Beach and Coastal Waterfront Access Program Funds to the NC Department of Coastal Management for acquisition of property near the proposed neighborhood access site on Myrtle Grove Road and the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Senior County Planner O'Keefe reported that the second application is for the construction of improvements to the property known as Middle Sound Park on Pages/Bridgers Creek. If awarded, grant funds would be used to improve the access from Dunbar Road, build parking for six to ten cars, resurface an existing trail that goes around the perimeter of the site and construct an observation pier reaching approximately thirty feet into Bridgers Creek. The total cost of the project is estimated to be $93,600, the County's match is $14,000 and $9,600 would be matched in-kind. The Planning Department has remained in contact with the adjacent property owners. Chairman Greer asked if anyone from the public wished to speak on the request. Michael Snyder representing Cape Fear Paddlers Association stated that the club supports the project. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the resolution authorizing the submittal of the final application for Public Beach and Coastal Waterfront Access Program Funds for improvements to the Middle Sound Park Property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 24.3. CONSIDERATION OF OFFICIAL NAME FOR COUNTY OFFICES AT THE FORMER MARKET PLACE MALL Chairman Greer reported that the Board has been requested to consider renaming the county offices at the Market Place Mall to the New Hanover County Government Center and requested a motion for approval. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve renaming Market Place Mall to New Hanover County Government Center. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF ADDITIONAL POSITIONS FOR THE HEALTH DEPARTMENT Commissioner Kopp reported that during the public hearing on the FY 05-06 Budget the Board of Health requested the addition of two Environmental Health Specialists, one Animal Shelter Attendant and one Animal Control Officer. County Manager Allen O'Neal reported that Animal Control Fees are projected to increase in volume and will be able to absorb the cost of the Animal Control positions. The two Environmental Health Specialist positions can be absorbed in the existing Health Department budget. Staff is requesting the Board approve the additional four positions and the associated budget amendment. Chairman Greer asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to approve the addition of two Environmental Health Specialists using the appropriate Medicaid Maximization Funds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the addition of one Animal Shelter Attendant and one Animal Control Officer using funds generated from an increase in volume from NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 364 animal control fees and the associated budget amendment. Upon vote, the MOTION CARRIED THREE TO TWO. Chairman Greer and Commissioner Davis voted in opposition. Budget Amendment #06-0001 - Health! Animal Control Adiustment Debit Credit Animal Control: Dog and Cat Fees Salaries and Wages Social Security Taxes Retirement - Local Government Medical Insurance $ 64,335 $ 49,284 $ 3,770 $ 1,204 $ 10,077 Explanation: Increase in estimate of animal control fees to fund additional Animal Control positions. BREAK: Chairman Greer called for a break at 6:20 p.m. until 7:00 p.m. CONSIDERATION OF AN AMENDMENT TO THE COUNTY CODE OF ORDINANCES TO PROHIBIT GRAFFITI Commissioner Pritchett reported that the Board is being asked to consider adding a prohibition against graffiti to the "Offenses and Miscellaneous Provisions" chapter of the County Code. If the vote is not unanimous, a second reading is required. Chairman Greer asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve adding a prohibition against graffiti to the "Offenses and Miscellaneous Provisions" chapter of the County Code. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 24.4. The ordinance will be codified into the New Hanover County Code. CONSIDERATION OF PROJECT ORDINANCE FOR $123 MILLION 2005 SCHOOL BOND PROJECT AND ASSOCIATED BUDGET AMENDMENT Finance Director Bruce Shell reported that the Board is being requested to adopt the Capital Project Ordinance that is necessary to establish the budget for the construction of capital improvements for New Hanover County Schools and approve the associated budget amendment. The project will be funded with bond proceeds of $123,000,000. Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the Capital Project Ordinance to establish the budget for the construction of capital improvements for New Hanover County Schools and approved the associated budget amendment. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Budget Amendment #2006-01- $123 Million 2005 School Bond Proiect Adiustment Debit Credit Bond Proceeds: Capital Project Expense $123,000,000 $123,000,000 Explanation: To establish budget for the $123 Million 2005 School Bond Project. A copy of the Project Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 24.5. APPOINTMENT OF A VOTING DELEGATE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 98th ANNUAL CONFERENCE Chairman Greer reported that the Commissioners have been requested to appoint a voting delegate for the North Carolina Association of County Commissioners 98th Annual Conference to be held on August 25 - 28, 2005, in Mecklenburg County, North Carolina, and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to nominate Robert G. Greer as the New Hanover County voting delegate for the North Carolina Association of County Commissioners 98th Annual Conference to be held on August 25- 28,2005, in Mecklenburg County, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 365 COMMITTEE APPOINTMENTS Appointment to the Parks and Recreation Advisory Board Chairman Greer announced that one vacancy needed to be filled on the Parks and Recreation Advisory Board and that the Clerk to the Board was in the process of re-advertising the vacancy. After brief discussion, the consensus of the Board was to bring the committee appointment to the Board's August 15, 2005 meeting. Appointments to the Planning Board Chairman Greer announced that two vacancies needed to be filled on the Planning Board. He reported that six applications were received with David A. Adams being eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint David A. Adams to serve on the Planning Board with the term to expire on July 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Kopp nominated Kenneth F. Wrangell. Vice-Chairman Caster seconded the nomination. Commissioner Pritchett nominated Connie H. Branch. Commissioner Davis seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Kenneth F. Wrangell. Vote: The Board voted 3 to 2 to appoint Kenneth F. Wrangell to serve on the Planning Board with the term to expire July 31,2008. Chairman Greer, Vice-Chairman Caster, and Commissioner Kopp voted in favor. Appointment to the Commission for Women Chairman Greer announced that one vacancy needed to be filled on the Commission for Women to fill an un-expired term. He reported that five applications were received and requested nominations from the Board. Vice-Chairman Caster nominated Shannon E. Blankenbeckler. Commissioner Kopp seconded the nomination. Commissioner Pritchett nominated Linnea Wiseman. Commissioner Davis seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Shannon E. Blankenbeckler. Vote: The Board voted 3 to 2 to appoint Shannon E. Blankenbeckler to serve an un-expired term on the Commission for Women with the term to expire May 31, 2008. Chairman Greer, Vice-Chairman Caster and Commissioner Kopp voted in favor. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 7:10 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:50 p.m. NON-AGENDA ITEMS Chairman Geer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS Items Presented by County Manager O'Neal County Manager Allen O'Neal reported that New Hanover County TV was in the process of developing a public information announcement informing citizens on water quality and environmental issues. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: Cape Fear Museum, Convention Center Task Force, TDA meeting, Water Task Force meeting, Bradley Creek Overlook Ground Breaking, Watershed Management Advisory Board, Cooperative Extension Service NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 11,2005 BOOK 30 PAGE 366 meeting, Change of Command for the Diligence and continued meetings with County Engineer Greg Thompson concerning water and sewer district issues. Items Presented by Commissioner Pritchett Commissioner Pritchett announced that she attended the following meetings and events: The Cape Fear Museum opening exhibit of miniatures, Dedication of Senior Center auditorium and the Gang Task Force meeting with NHC School Principals and staff. She reminded the audience that the Fire Expo would be held on Saturday, July 15, 2005. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to consider a personnel matter. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, pursuant to N.C.G.S. 143- 318.11(a)(6) to convene to Closed Session to consider a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 7:50 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 8: 10 p.m. Chairman Greer reported that the Board has named Assistant County Manager Dave Weaver as Interim County Manager with the effective date of September 1, 2005 with the interim salary increase of five percent of his current salary while in the interim position. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 8: 15 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board