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HomeMy WebLinkAbout1997-05-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 959 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 5, 1997, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen Q'N eal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer welcomed everyone present and called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Minister Cheryl Richburg, Pastor ofthe Bethesda Christian Life Church, gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved for persons from the public to comment on an item listed on the Consent Agenda or an item not listed on the Regular Agenda. He asked if anyone from the public would like to comment, and he requested all persons to limit their remarks to three minutes. The following items were presented: Presentation of a Needs Assessment Report on the Status of Women in New Hanover County Ms. Dolores M. Williams, President of the New Hanover Commission for Women, presented a needs assessment report entitled "Status of Women in New Hanover County." She advised the report identifies the status of women and highlights the issues and challenges of women. The document should be used as an educational tool to better understand the status of women and serve as a guide for appropriate action in making policies and the allocation of funds. Ms. William expressed appreciation to the Board for an opportunity to present the report and advised the Commission for Women would continue to focus on increasing a public awareness of the abilities and problems of women. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Williams for the report. Request for New Hanover County to Participate in Pierre Exceptional School, Inc. Ms. Mary L. Stewart, President of the Pierre Exceptional School, Inc., presented a business plan and proposal for construction of a Professional Medical Center, Housing Division, and Exceptional School to serve the blind, disabled, elderly, and low-income persons living in Bladen, Cumberland, Duplin, New Hanover, and Pender counties. The Professional Medical Center will provide physical therapy, psychological counseling, home care, x-ray, testing, ultra sound, eye glasses, laser, EMG, EEG, MIR, CAT scan, research centers, and other services with 35 different areas of specialty care. The staff will consist of 35 offices for doctors, 3 administrative offices, 10 secretarial offices, 10 supply rooms, 15 bathrooms, 1 ambulatory office, 1 outpatient lounge, 4 lounges for doctors, 2 surgery rooms, 2 recovery rooms, 3 research centers, 1 physical therapy room, 2 counseling rooms, 4 conference rooms, and a pharmacist and convalescent room. The cost of the building is $25,290,800 and $68,000 for the land. Exceptional children and their families will pay for the services by using private insurance, Medicare, Medicaid, personal check, MasterCard, or any other method of payment. The building project for the blind, deaf, special needs and low-income persons will consists of 30 apartments with four bedrooms at a rental rate of $550 per month for the first year, 100 apartments with three bedrooms at a rental rate of$400 per month for the first year, 30 apartments with two bedrooms at a rental rate $310 per month for the first year, and 100 apartments with one NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 960 bedroom at a rental rate of $150 per month for the first year. With projected increases in rental rates after the first year, the total profits are estimated at $102 billion from the first to the twentieth year. The profits will revert back to the organization after incurred liabilities are paid by the organization. The Pierre Exceptional School will consist of 550 students with parents, spouses, social services clients, and rehabilitation clients. The school will be opened 365 days a year with training career development programs. These students will use the Professional Center as well as the Housing Division and will pay by private insurance, Medicaid, Medicare, or personal check. In closing, Ms. Stewart advised that all buildings on the site would have proper amenities and sizes as required by the U. S. Housing and Urban Development Agency. She requested the Board to support a program that would provide assistance to the special needs population and bring good jobs to the region. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Stewart for the report. Verses Read from the Epistle of James and the Book of St. Matthew from the King James Version of the Bible Mr. Greg Crockett, a resident ofMasonboro Loop Road, read versus from Chapter 5 of the Epistle of James and St. Matthew. He urged the Board to adhere to these words when rendering decisions for the citizens of New Hanover County. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster requested removal of Consent Agenda Item 7, a resolution to support legislation to regulate and monitor the Swine Production Industry in North Carolina. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to remove Consent Agenda Item 7 and approve the remaining 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 Work Session held on April 17, 1997, and the Regular Meeting of April 21, 1997, as presented by the Clerk to the Board. Approval of Application Grant from the Community Health Improvements Program of New Hanover Regional Medical Center to Develop and Deliver Rabies Prevention Education The Commissioners approved an application grant from the Community Health Improvements Program of New Hanover Regional Medical Center to fund a community-wide education project to inform the community about the impending threat of rabies and provide specific information to reduce the risk of human rabies. The County Manager was authorized to sign the necessary forms for acceptance of the grant if the application is approved by the State. Adoption of Resolution Awarding Bid #97-0366 and Approval of Contract #97-0366 to BROROY Corporation d/b/a The Office Showcase to Purchase a Filing System for the Department of Social Services The Commissioners adopted a resolution awarding a bid in the amount of $29,988 to BROROY Corporation d/b/a The Office Showcase, the only responsible bidder, for the purchase of a filing system for the Department of Social Services. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 38. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 961 Award of Contract #97-0317 to Cycro, Inc. to Repair Two Cooling Towers at the W ASTEC Facility The Commissioners awarded a contract to Cycro, Inc. in the amount of$54,029.46 to repair two cooling towers at the W ASTEC Facility. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Adoption of Proclamation Designating the Week of May 18-24, 1997, as "Emergency Medical Services Week" in New Hanover County The Commissioners adopted a resolution designating the week of May 18-24, 1997, as Emergency Medical Services Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 38. Adoption of Resolution Authorizing the Sale of Jointly Owned City/County Surplus Property Located at 1112 Dawson Street, Tax Parcel R0054-10-029-023.00 The Commissioners adopted a resolution authorizing the sale of jointly owned City/County surplus property located at 1112 Dawson Street to the New Covenant Holiness Church in the amount of$3,500. The property has an ad valorem tax value of $2,974 as of 1989 and a market value of $3,500. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 38. Adoption of Resolution Authorizing the Finance Director's Designated Representative to Dispose of Surplus Equipment and Vehicles Through a County Auction The Commissioners adopted a resolution authorizing the Finance Director's designated representative to dispose of surplus equipment and vehicles through a County Auction to be held on May 17, 1997. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 38. Adoption of Resolution To Add Barbados Boulevard to the State Highway System The Commissioners adopted a resolution to add Barbados Boulevard, located in the Island Park Industrial Complex, to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 38. Authorization to Submit a Grant Application to the Community Health Improvements Program of New Hanover Regional Medical Center to Promote Breast-Feeding in the Community The Commissioners authorized the filing of a grant application to Partners Program CHIP, a component of the Community Health Improvements Program of New Hanover Regional Medical Center in the amount of$2,000 to promote breast-feeding in the community. The County Manager was authorized to execute the necessary documents. Approval of Budget Amendment #97-34 - Controlled Substance Tax - Sheriff's Department The Commissioners approved the following Budget Amendment: #97-34 Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax Capital Project Controlled Substance Tax Capital Project Expense $3,015 $3,015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 962 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #97-35 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: #97-35 Federal Forfeited Property Capital Project Federal Forfeited Property Capital Project Federal Forfeited Property Debit Credit $2,799 Capital Project Expense $2,799 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #97-0159 - Medical Transportation - Department of Social Services The Commissioners approved the following Budget Amendment: #97-0159 Social Services/Title XIX - Medical Transport Debit Credit Title XIX - Medical Transport Medical Transportation $23,750 Medical Transportation $23,750 Purpose: To budget additional StateIF ederal funds for medical Transportation. No additional County funds are required. Approval of Budget Amendment #97-0167 - Non-Departmental The Commissioners approved the following Budget Amendment: #97-0167 General Fund/Non-Departmental Debit Credit General Fund Contingencies $34,706 Non-Departmental Contracted Services $34,706 Purpose: To transfer funds from Contingencies for a public opinion survey concerning the proposed school bond referendum which was approved by the Board of County Commissioners on March 10, 1997. Discussion of Consent Agenda Item #7, a Resolution to Support Legislation to Regulate and Monitor the Swine Production Industry in North Carolina Vice-Chairman Caster reported the resolution was forwarded to him by Councilman Harper Peterson. He asked if the Legal Department had a copy of the bills being supported. County Attorney Copley recommended deferring discussion of this item until later in the meeting so time could be given for the Legal Department to provide a copy of the bills to the Board. PRESENTA TION OF" JOHN M. DOLAN" VOLUNTEER FIREFIGHTER OF THE YEAR AWARD Commissioner Howell, the Commissioners' representative, on the Board of Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 963 Commissioners, reported on the award being dedicated in memory of John M. Dolan, a former County Commissioner who was very instrumental in bringing the fire service into a reality. He requested the members of the Dolan family to step forward and participate in recognizing the recipient of the 1997 Firefighter of the Year Award. Commissioner Howell announced that Mr. Philip Lewis, an eight-year veteran with the Myrtle Grove Volunteer Fire Department, had been named as the 1997 recipient of the "John M. Dolan Firefighter of the Year Award". He advised that Mr. Lewis was a Lieutenant, who had earned the levels of Firefighter I, Firefighter II, and Hazardous Materials Operator. He also serves as a member of the Board of Directors of the Myrtle Grove Volunteer Fire Department and has been instrumental in the development of a data base that will be useful to the Fire Service in future years. His unusual dedication and commitment to the community has been exemplified by his efforts within the Fire Service. Commissioner Howell, on behalf of the Board, presented a plaque and fireman's jacket to Lieutenant Lewis and congratulated him for being selected to receive the award. He expressed appreciation to Lieutenant Lewis for his years of dedicated service to the Myrtle Grove Volunteer Fire Department. A round of applause was given to Lieutenant Lewis. PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION TO APPROVE THE REFINANCING OF AN INDUSTRIAL PROJECT FOR CORNING INCORPORATED BY THE ISSUANCE OF TAX-EXEMPT ADJUSTABLE MODE POLLUTION CONTROL REVENUE REFUNDING BONDS SERIES 1997 IN A PRINCIP ALAMOUNT OF $9,000,000 Chairman Greer opened the Public Hearing. Mr. Steve Diab, the Attorney representing the New Hanover County Industrial Pollution Control Financing Authority, read the resolution and requested the Board of County Commissioners to adopt the resolution approving refinancing of an industrial project for Corning Incorporated by issuance of tax-exempt adjustable mode pollution control revenue refunding bonds in a principal amount of $9,000,000. He reported the purpose of the 1984 bonds was to finance pollution equipment for the company. Corning has requested issuance oftax exempt adjustable mode pollution control revenue bonds to refund the prior bonds to continue to use the pollution equipment. Chairman Greer inquired as to whether anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the resolution approving the issuance oftax-exempt adjustable mode pollution control revenue refunding bonds series 1997 in the amount of$9,000,000 to Corning Incorporated for the purpose of providing amounts necessary to refund and redeem the prior bonds issued in 1984. 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 XXIII, Page 38. PRESENTATION OF TEN YEAR PLAN FOR NEW HANOVER COUNTY SCHOOLS Mr. Charles M. Lineberry, Jr., Chairman of the New Hanover County Board of Education, expressed appreciation for being able to introduce the Ten-Year Long Range Building Program. He requested Mr. Bill Hance, Director of Operations, to present the report. Mr. Hance reported on the priority listing approved by the Board of Education through the year 2001. He advised the current school needs are $357,712,237 in 1997 dollars; however, the total NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 964 cumulative price for completion of the projects by 2007 are projected at $496,377,266. The figures presented include an inflation rate calculated at 4% per year. A spread sheet was presented showing how the cost estimates were calculated for new construction. Current bid costs were used at $100 per square foot plus ancillary costs for a total cost per square foot of $132. The following chart was presented on the current cost of school buildings: Elementary School Middle School High School $ 7,957,560 $15,792,582 $36,575,729 A spread sheet was presented showing new construction and renovations of existing schools at a grand total of $191,042,250 broken down as follows: New Construction Renovations Design, Equipment & Misc. *Grand Total $ 73,923,118 99,751,655 17367A77 $191.042250 *New construction and renovations will provide 80 additional classrooms. A chart was presented showing that completion of construction projects over the ten-year period will increase the number of additional classroom seats by 6,729 as listed below: 6 Elementary Schools @ 500 capacity 3,045 seats (4 new schools) 2.5 Middle Schools @ 750 capacity 1,910 seats (2 new schools) 1 High School @ 1,750 capacity 1. 774 seats (1 new school) Total Increase 6,729 seats In closing, Mr. Hance reported the Miscellaneous Backup report provides individual school summaries for each school showing new construction and renovations which reflects the total projected school needs in the amount of $496,377,226 by the year 2001. Vice-Chairman Caster asked if the new construction at Alderman Elementary School would eliminate the existing mobile home units? Mr. Hance responded new construction and renovations outlined in the ten-year plan would replace the mobile units. Vice-Chairman Caster requested an explanation of Priority #7 , Co-Curricular/Athletics Needs at a current cost of $6,720,000 and projected cost of $7,883,895 by the year 2001. Mr. Hance responded all athletic facilities and fields would be upgraded. There would be auxiliary gyms for all high schools, softball fields, baseball fields, tracks, and a football field for Hoggard High School. Commissioner Davis commented on the New Hanover County System receiving over $6 million from the State school bond referendum and asked if this money would change the proposed $125 million local bond issue? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 965 Mr. Hance replied this figure had been removed from the $125 million local bond issue and reported a majority of the $6 million would be used for roofing projects, ADA requirements, and renovations to existing schools. Commissioner Birzenieks commented on documented 1997 needs in the amount of $357,712,237 and asked why the top ten priorities were selected by the Board of Education as the projects for the $125 million local school bond issue? Mr. Lineberry responded the Board of Education met and reviewed each project with prioritizing the school needs. During the process, the Board tried to determine what range would be acceptable to the citizens for a local school bond issue. It was decided that a range from $90 million to $170 million would be appropriate. After reviewing the top ten priorities and based on recommendations presented by the School Administration regarding technology, the $122,723A36 increased to $125,000,000 in school needs for a local bond referendum. Commissioner Birzenieks commented on the $125 million school bond issue not meeting school needs, and he asked if the bond issue was passed by the voters, would the Board of County Commissioners be requested to hold another bond issue within a few years? Mr. Lineberry replied the members of the Board of Education would request future bond referendums until the needs are met. Chairman Greer stressed the importance of becoming realistic with the funding requested. He stated it would be impossible for New Hanover County to provide $41 million per year to the School System for the next ten years. He advised that citizens could not afford a 35% tax increase each year; therefore, in his opinion, some practical plan should be developed to determine what needs can be met. Mr. Lineberry responded the ten-year plan was provided because the Board of County Commissioners requested the document and North Carolina General Statutes require development of a plan. The plan will serve as a gage in determining facility needs. Unfortunately, new school construction and maintenance of facilities were neglected for 25 years and both Boards have inherited the problem. He advised the Board of Education was encouraged about the input received from the Board of County Commissioners for the past two years, and stated the plan would serve to reflect school needs and established priorities of the Board of Education. In closing, Mr. Lineberry, advised the report would be updated on an annual basis. He offered to provide additional information or arrange a joint meeting between both Boards to further discuss unmet school needs and the bond referendum. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Lineberry, and Mr. Hance for the informative presentation. ADOPTION OF REVISED PERSONAL WATERCRAFT ORDINANCE Chairman Greer reported the Personal Watercraft Ordinance had been presented to the Board on March 24, 1997, with a Public Hearing held on April 7, 1997. He advised that public comments had been received at both meetings, and stated the Legal Department had furnished copies of the ordinance for suggested revisions by the Board. As of this date, the latest revision amends Section 12-146, Speed, (a)(b )(c)(d)(e) to a distance of 50 feet, instead of varying distances, and includes the request by the Town ofWrightsville Beach as listed below: (f) Within twenty-five feet of marsh or shore within the following areas: (1) Bounded by the Atlantic Intracoastal Waterway to the west, Shinn Creek to the south, Banks Channel to the east, and Motts Channel to the north. (2) Bounded by the Atlantic Intracoastal Waterway to the west, Lee's Cut and the Highway 74 bridge extending across the waters of Banks Channel within the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 966 Town ofWrightsville Beach, North Carolina, to the south, the mainland of the Town ofWrightsville Beach to the east, and the creek leading from the Atlantic Intracoastal Waterway to Mason's Inlet to the north. (3) Bounded by the Atlantic Intracoastal Waterway to the west, Masonboro Island to the east, Masonboro Channel to the north, and Carolina Beach Inlet to the south (this marsh area is within the boundaries of the Masonboro Island component of the North Carolina National Estuarine Research Reserve System). Chairman Greer expressed concern for New Hanover County having to assume the responsibility of regulating personal watercraft instead of the State of North Carolina. He stated that enforcement of the proposed ordinance would be difficult and costly. Commissioner Birzenieks agreed with Chairman Greer and stated unfortunately, the County would have to assume the responsibility because of the need to protect the public while using the waterways. Vice-Chairman Caster expressed concern for adopting regulations that will be practically unenforceable, and singling out personal watercraft users when other boaters constantly violate safety regulations. Commissioner Howell advised that he agreed with the safety aspects of the ordinance; however, in his opinion, the regulations governing the marsh would be difficult for personal watercraft users to understand. Discussion was held on the cost involved with enforcement of the ordinance. Commissioner Birzenieks advised in the County Manager's proposed budget for FY 1997-98, additional deputies and school liaison officers will be hired that can assist with enforcing the Personal Watercraft Ordinance. Vice-Chairman Caster asked if enforcement has been discussed with Sheriff McQueen? County Manager O'Neal reported the Budget Director had discussed personal watercraft enforcement with Sheriff McQueen. Also, the County has obtained ownership of a personal watercraft through a drug seizure. Motion: After further discussion ofthe need to have an ordinance in place, Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt the latest version ofthe Personal Watercraft Ordinance which includes the Town ofWrightsville Beach and specifies a distance of 50 feet under Section 12-146 (a) through (e). Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Greer Voting Nay: Vice-Chairman Caster Since the ordinance was not unanimously approved on the first reading, a second reading will be held on May 19, 1997. County Attorney Copley reported the Board had received a letter from Figure "8" Island Homeowners Association requesting inclusion of the following language: "No persons may operate a personal watercraft in excess of headway speed which shall not exceed 5 mph: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 967 (g) within fifty (50) feet of the marsh or shore in the following areas: Bounded by the Atlantic Intracoastal Waterway to the west, Rich Inlet to the north, Mason Inlet to the south and Figure Eight Island to the east." County Attorney Copley requested direction from the Board on the request. Chairman Greer responded the Board has voted to include the areas listed in the ordinance therefore, the request from Figure 8 Island would not be included in the ordinance. REJECTION OF ALL BIDS RECEIVED FOR CONSTRUCTION OF CELL 4B AT THE NEW HANOVER COUNTY LANDFILL Chairman Greer reported the County Attorney has requested the Board to reject all bids received for the Cell 4B construction contract at the New Hanover County Landfill to avoid any possible legal challenges to the bidding process and afford an opportunity to re-qualify all prospective bidders. He requested a motion for the Board to reject the bids and re-advertise the contract as soon as possible. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to reject all bids received on the Cell4B construction contract and re-advertise at the earliest possible date. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Vice-Chairman Caster asked if the cost for constructing a landfill cell was going to double because of being required to use clay liners? Director of Environmental Management, Ray Church, reported engineering estimates did reflect almost a 50% increase in the cost of constructing a cell; however, when the bids were received, the cost had increased, but had not doubled. He advised that legislation had been proposed to allow counties to use the double liner system instead of clay liners, which would reduce the cost significantly if the legislation is enacted. DISCUSSION OF RESOLUTION PRESENTED BY MR. TONY HARRIS AT THE APRIL 7,1997 MEETING Chairman Greer reported that Mr. Tony Harris had requested the Board to adopt a resolution on April 7, 1997, that would prohibit the rezoning ofland in resource protection and conservation areas until New Hanover County had adopted an official drainage plan and completed the Wilmington/New Hanover County Land Use Plan update. At the April meeting, the Board decided to defer action until May 5, 1997. Chairman Greer advised this item was not placed on the agenda for May 5, 1997; therefore, the Board should act on the resolution. He requested a motion for adoption of the resolution. No motion was received. Mr. Tony Harris, Chairman of the W rightsville Sound/ Airlie Road Association, reported when the Board considers the interim drainage regulations, it is important to recognize the regulations will address flooding, but not water quality. He reported the proposed resolution will possibly prevent further degradation of water quality until the Pages Creek Watershed Study is completed. He reminded the Board of the number of people in support ofthe resolution, and he requested the Board to either adopt or reject the resolution as proposed. Chairman Greer responded since a motion was not received, the members of the Board were not in favor of the resolution. BREAK Chairman Greer called a break from 7:40 P.M. until 8: 14 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 968 ADOPTION OF RESOLUTION FOR SUPPORT OF LEGISLATION TO REGULATE AND MONITOR THE SWINE PRODUCTION INDUSTRY IN NORTH CAROLINA - CONSENT AGENDA ITEM #7 County Attorney Copley presented copies ofSB 478, SB 969, HB 944, and HB 515 regarding the regulation and monitoring of the swine production industry in North Carolina. Vice-Chairman Caster recommended amending the resolution by placing a period after environment on line three of the first paragraph with deletion of the remaining language referencing the bills that had been introduced. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to adopt an amended resolution (placing a period after environment on the third line of the first paragraph) to request the N. C. General Assembly to adopt legislation during the 1997 Long Session to provide regulatory, monitoring and enforcement actions for the production of swine. 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 XXIII, Page 38. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 8: 15 P.M. until 8:22 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY FARRINGTON FARMS DEVELOPMENT CORPORATION TO REZONE 8.85 ACRES OF LAND 1,262 FEET NORTH OF GORDON ROAD AND 300 FEET EAST OF GORDON ACRES DRIVE FROM R-15 RESIDENTIAL TO R-I0 RESIDENTIAL (Z-599, 4/97) Chairman Greer opened the Public Hearing. Senior Planner, Pete Avery, reported several members ofthe Planning Board were concerned about the increase of seven dwelling units with the proposed R-l 0 zoning and felt approval of the request could have a cumulative impact and make traffic congestion worse in the Gordon Road area. These members felt the County should adhere to the 2.5 units per acre density cap. Other members of the Planning Board felt that seven additional dwelling units were minimal and not a substantial change for the area. The Planning Board voted four (4) to three (3) to recommend approval of the rezoning petition. The Planning Staff felt the increased density would not significantly impact the area and the rezoning was not dramatically inconsistent with the current Land Use Plan. Chairman Greer inquired as to whether anyone from the public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED to approve rezoning 8.85 acres ofland North of Gordon Road from R-15 Residential to R-I0 Residential as petitioned and recommended by the Planning Board. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. The rezoning request was denied. PUBLIC HEARING TO CONSIDER A REQUEST FROM JERRY ROBBINS TO REZONE 8.9 ACRES ON THE EAST SIDE OF NORTH KERR AVENUE, 400 FEET SOUTH OF GRATHWOL DRIVE TO CONDITIONAL USE A-I AIRPORT INDUSTRIAL FOR COMMERCIAL STORAGE/MINI-W AREHOUSING FROM R-15 RESIDENTIAL (Z- 600, 4/97) Chairman Greer opened the Public Hearing and reported a conditional use zoning requires a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 969 quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Pete Avery, Senior Planner Jerry Robbins Senior Planner, Pete Avery, reported the Planning Board voted unanimously to approve the conditional use zoning with the recommended conditions presented by the Planning Staff as listed below. The petitioner's surveyor stated the structures would be built above the base flood level on concrete pads. Conditions: (1) Require security fencing around the entire proj ect and vegetative screening from North Kerr Avenue. (2) Require lighting be limited to directional so it does not shine onto adjacent properties. (3) Limit site identification sign to one ground not to exceed 50 square feet in area and 6 feet in height. (4) Require deceleration lane per N. C. Department of Transportation approval and design standards. (5) Require that on-site activities be limited to commercial and personal storage only, and that no hazardous, flammable or related materials be stored. (6) Remove all unused septic tanks or fill the tanks with sand. Discussion was held on the deceleration lane requirement. Vice-Chairman Caster requested an explanation of this condition. Senior Planner Avery responded the Planning Board felt the deceleration lane was needed; however, the N. C. Department of Transportation would make the final determination. Vice-Chairman Caster requested rewording the condition since the County can not require the deceleration lane. Senior Planner Avery suggested language that would require construction ofthe deceleration lane if the Department of Transportation requests this action. The Board agreed to the rewording of the condition. Chairman Greer asked if anyone from the public would like to comment. Mr. Jerry Robbins requested the Board to approve the rezoning as requested. Chairman Greer asked Mr. Robbins if he agreed with the conditions recommended by the Planning Board. Mr. Robbins concurred with the conditions presented by the Planning Staff including the rewording of the deceleration lane condition. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve the Conditional Use Zoning for the 8.49 acres on the east side of North Kerr Avenue, 400 feet south NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 970 of Grathwol Drive to Conditional Use A-I Airport Industrial District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA AIRPORT OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Airport Section, Page 22. Senior Planner Avery presented the following preliminary findings offact: 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 based upon the following findings: A. The site has direct access to North Kerr Avenue. B. The planned uses require little, if any, water and sewer services. C. The site is located in the Wrightsboro Volunteer Fire District. D. The site is located in the flood plain, but development will be confined to non- residential use. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Setbacks and buffering standards 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 based upon the following findings: A. The site is contiguous with several lots in Section 6 of Churchill Estates and several mobile home units. However, much of the property is adjacent to vacant tracts. 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 based upon the following findings: A. Due to the floor plan and attendant wetlands, much of the immediate area is undeveloped. B. As noted, the existing site is occupied by a mobile home park and there are some single family dwellings to the north in Churchill Estates. C. The nearest non-residentially zoned, developed property is located nearly 1,000 feet to the north on the east side of North Kerr Avenue. Chairman Greer asked Mr. Robbins if he agreed with the findings of fact as read and presented? Mr. Robbins concurred with the findings of fact as presented. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to grant a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 971 Special Use Permit to Jerry Robbins in a Conditional Use Zoning District to use the property located on North Kerr Avenue for a commercial storage/mini-warehousing business contingent upon the conditions recommended by the Planning Board and Planning Staff based upon the evidence concluding that the proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meet all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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 a part of the minutes and is contained in SUP Book II, Page 20. PUBLIC HEARING TO CONSIDER REVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES CONCERNING THE DRAINAGE REQUIREMENTS AND STANDARDS FOR NEW DEVELOPMENT Chairman Greer opened the Public Hearing and reported after holding a Public Forum on the drainage regulations, various groups requested an opportunity to meet with the Homebuilders Drainage Committee and County Staff to review the proposed regulations. He reported it appears the groups have met, and he requested Assistant County Manager, Dave Weaver, to comment. Assistant County Manager Weaver reported the groups had met and would like to present some changes to the regulations. Chairman Greer asked if anyone from the public would like to comment. Mr. Hunter Thompson, a resident of 301 Central Boulevard, and the Acting President for the Council of Neighborhood Associations (CONA), expressed appreciation to the Board of County Commissioners for an opportunity to speak on the proposed interim drainage regulations. He reported last Thursday, CONA hosted an education forum on the proposed regulations, inviting homebuilders, neighborhoods, homeowner associations, members of County staff and concerned citizens to discuss the issues and provide County Staff with input from a number of constituencies. As a result of the meeting, there was one change made to the proposed interim drainage regulations. Items 1,2 A, and 5 were accepted by the group. It was the consensus of the group to eliminate Item 3. CONA was truly grateful to all groups that sent representatives on such short ~oti~~. The spirit of cooperation and concern for the well-being of New Hanover County was mspmng. Mr. Thompson advised the compromise interim drainage regulations should be accepted with caution because the regulations do not address a number of significant concerns that were discussed by the persons attending the forum. He presented the following points of concern to the Board of County Commissioners for consideration: 1. Establish a time frame for the implementation and projected replacement of the interim drainage regulations. 2. Broaden the engineering study being performed by Dawson Engineering to include additional investigation on the current stormwater management practices and their impact on water quality, particularly unacceptable increases of nutrients and other pollutants in New Hanover County's waterways. Also, tie the study to on-going research and investigation by UNCW and other state agencies. 3. Allow New Hanover County citizens continued participation in this crucial process. It is obvious that the citizens are on the front lines, and have been fighting the good fight. They deserve the right to sit at the table and work in concert with County staff and outside consultants on plans that will directly affect them. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 972 In closing, Mr. Thompson reported that 42 people attended the meeting and recommended acceptance of the interim drainage regulations with caution. He, also, referenced a letter from Dr. Lawrence B. Cahoon regarding his thoughts on stormwater drainage and requested the Commissioners to read the three points listed in the letter. Ms. Sherry Howell, President of the Homebuilders Association and a resident of 6100 Sleepy Hollow Lane, reported the Homebuilders Association did meet with the Council of Neighborhood Associations and reported everyone had similar interest and concerns. She reported if the Commissioners feel there is a need to adopt interim drainage regulations, the Homebuilders Association would request that item 3 be eliminated from the proposed regulations. She urged the Board to move with caution. Ms. Tracy Skrabal, Senior Staff Scientist for the N. C. Coastal Federation, resubmitted her letter of April 28, 1997, regarding the concerns about the proposed drainage regulations. She reported despite this being a step in the right direction, the Coastal Federation feels the proposed interim regulations are inadequate. Also, it was disappointing to learn that Dawson Engineering does not feel that water quality should be a part of the Pages Creek Watershed Study. As a result, of this fact, the N. C. Coastal Federation cannot support the interim regulations, and the Board is being requested to delay approving the regulations until water quality issues have been addressed. As written, it is believed that projects authorized by the interim regulations will violate N. C. State Water Quality standards; therefore, the regulations should not be adopted by New Hanover County. Speaking as a resident, she has been aware of the complexity of the issue in weighing continued development with the need for effective stormwater management and protection of water quality. There is no shame in not having all the answers as long as everyone works together to find reasonable solutions to serve the best interest of our citizens. Ms. Skrabal commented on the remarks about the impact ofthe proposed drainage regulations on low-income persons in need of affordable housing and stated the Commissioners should consider the impact of ineffective regulations on property values and the quality of life in New Hanover if it continues to experience flooding and degradation of water quality. The cost associated with reactive measures to deal with polluted waters and chronic flooding versus the cost of effective regulations that minimize flooding and addresses water quality. Only by shifting to effective planning, which maintains vegetative coverage and wetlands, and preserves them for stormwater management and pollutant removal, can both reduce excess runoff and protect the water quality. Accepting any less as a standard is irresponsible. In closing, Ms. Skrabal reported on working in cities and counties where rapid development occurred with disregard for drainage and water quality. The result was cities with polluted water and storms that created flooding nightmares for the residents. In cities where good planning programs have been implemented with the preservation of wetlands, vegetative buffers, and innovative design have resulted in good economic growth and sound environmental management. She expressed appreciation for being able to participate in the process and offered the assistance ofN. C. Coastal Federation in a proactive process that will result in an effective set of drainage regulations. Mr. Al Barone, a member of the Myrtle Grove Community Action Coalition, reported there ~re many good points in the interim drainage regulations. He expressed concern for the following Issues: (1) R-20 Residential Exemption: This exemption could provide an economic incentive to a developer for performance of a bad R-20 Residential design over R-15 Residential development. The developer could decide it would be less costly to move from R-15 to R-20 to avoid addressing drainage. (2) There is an actual contradiction between a conventional R-15 with no detention requirement versus the State mandate to require a detention. New Hanover County should not be contradicting the State regulations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 973 In closing, Mr. Barone stated if these two issues were corrected, the County would have better interim drainage regulations. Mr. Curtis Wright, President of the Providence Homeowners Association and a representative of the Council of Neighborhood Associations (CONA), commented on the tremendous amount of interest throughout the community about the drainage issue and stated it was encouraging to see so many people interested in the future development of New Hanover County. The citizens of New Hanover County are willing to pay to protect the quality of life and desire for the Board of County Commissioners to move forward with implementing the necessary regulations to protect existing development, provide for good growth, and protect the environmental concerns. He reported the group felt that the proposed drainage regulations were better than nothing being done. Mr. Wright reminded the Board that water quality was not being addressed. He expressed disappointment in hearing Mr. Dawson state that after a year, the study would not be dealing with water quality. He advised this was unacceptable and stated CONA would continue to work toward developing a comprehensive drainage plan and regulations to protect water quality. He requested the Board to adopt the interim regulations for a short period of time and move forward with developing a comprehensive drainage plan. Vice-Chairman Caster requested an explanation of County regulations being in conflict with the State regulations. Assistant County Manager Weaver reported that R-15 was considered a low density option; therefore, if R-15 is developed without a collection system, no State requirements have to be met for stormwater detention. Once a collection system is placed in the development, a detention requirement must be met. Under the proposed drainage standards, there are cases where detention would be required for R-15 and instances where detention would not be required for R-15 development. Ifa development is conventional R-15, detention would not be required because all lots in the subdivision are greater than 15,000 square feet. If the development is performance residential where lots are less than 15,000 square feet, detention is required. In his opinion, the State regulations are not better than local regulations. Mr. Al Barone agreed and stated he would recommend that all R-15 development be required to meet detention requirements in order for drainage to be improved and the regulations to be in conformity. Commissioner Howell stated he thought a consensus had been reached among the various groups. He expressed concern for everyone having a different point of view on every issue in the proposed regulations. Mr. Tony Harris, representing the Wrightsville Sound/ Airlie Road Association, reported there was a consensus of the group to recommend adoption of the interim drainage regulations until a comprehensive drainage plan could be developed. Mr. Richard Lucas, a resident of 117 Gaddy Drive, expressed concern for charging persons to clean out ditches as reported in the newspaper, and stated he would not pay a fee to have a ditch on his property cleaned out. Chairman Greer reported if the County adopted a maintenance drainage program, the County would have the right to perform drainage work and charge the property owner if the ditch was filled with debris and clogging the flow of water. Mr. Henry Sellers, a concerned citizen, expressed concern for the County requiring private citizens to clean out ditches on their properties, or pay the County to clean out ditches. He urged the Board to consider senior citizens before approving a regulation of this type. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 974 Mr. Curtis Wright advised that maintenance of ditches should be addressed in a uniform manner to coordinate the efforts of the property owner, the N. C. Department of Transportation, and the Health Department. He offered to work with the Homebuilders Association in developing a maintenance plan. He, also, requested the Commissioners to apply some type of sunset to the interim drainage regulations to demonstrate a commitment by the Board of County Commissioners to develop a comprehensive drainage plan. Assistant County Manager Weaver reported originally, Staff desired for Dawson Engineering to perform intensive water samplings and field activities; however, the cost was too absorbent. He advised professionals at UNCW have been performing water quality studies for years; therefore, Staff felt water quality data collected from these studies would be sufficient. Ms. Kelly Lewis, a graduate student at UNCW, reported the County should utilize the University as a resource for water quality testing. Commissioner Birzenieks asked what type of time frame would be reasonable if a sunset was placed on the interim drainage regulations? Assistant County Manager Weaver reported 12 to 18 months would be a reasonable requirement. Mr. Dan Dawson, owner of the engineering firm performing the Pages Creek Watershed Study, commented on attending the meeting ofthe homeowners associations and stated the watershed study was moving ahead with the collection of data. He advised he had contacted Dr. James Merritt, Director of The Center for Marine Science Research at UNCW about expanding the water quality study. The Pages Creek Watershed study will be an independent study to identify the cost involved with handling the conveyance measures needed to minimize flooding and perform the water quality measures that could be implemented. Once the cost is ascertained, the citizens must be prepared to understand the measures to control flooding and protect water quality will be extremely costly. Mr. Dawson commented on the draft ordinance pertaining to nuisances and stated since the County does not have a set of drainage standards in place, how will Staff determine whether a piece of property has a drainage problem. He encouraged the Legal Department to develop drainage standards so the proposed nuisance ordinance can be enforced. In closing, Mr. Dawson advised in North Carolina coastal counties a stormwater pond cannot be constructed within one-half mile of SA waters. Consequently, if a lot is R-15 or R-20 and is within one-half mile of SA waters, the State will not allow construction of a stormwater pond. The State will require low density with grass swales and some type of on-site plan to spread out the water through buffers. He reported it was premature to write ordinances without drainage standards. County Attorney Copley advised that Mr. Dawson's point was well taken, and she recommended adopting the ordinance with removal of Section 11-90 which requires the property owners to maintain swales and ditches. Chairman Greer closed the Public Hearing and called for a motion. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to accept the draft interim drainage standards and adopt the ordinance with elimination of Section 11-90 as recommended by the County Attorney. Commissioner Davis requested the Board to consider four changes to the draft interim drainage regulations: (1) Change Item 1 deleting the last sentence, "This requirement will not apply to subdivision where all lots are greater than 20,000 square feet." NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 975 (2) Eliminate Item 3. (3) Change the language in Item 4 to read as follows: "Wetlands, natural depressions, and areas of good draining soils shall be used in the development of drainage plans, if they exist. " (4) Delete Section 11-90, Maintenance Duty, from the Nuisances Ordinance. After further discussion, Vice-Chairman Caster and Commissioner Birzenieks WITHDREW THE MOTION ON THE FLOOR. County Attorney Copley requested two separate motions, one for adopting the interim drainage regulations and another for adopting the ordinance amending Chapter 11, Nuisances, of the New Hanover County Code. Motion: After further discussion, Vice-Chairman Caster MOVED, SECONDED by Commissioner Davis to adopt the interim drainage regulations as amended to read as listed below and request a review of the drainage regulations by the Board of County Commissioners within 18 months. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Caster Voting Nay: Chairman Greer AMENDED INTERIM DRAINAGE REGULATIONS (1) The maximum rate of discharge for any storm up to a 2 or 10 year storm after development shall not exceed the maximum rate of discharge for, respectively, 2 and 10 year storms for the site before development. (2) All residential development must detain stormwater run-off from impervious surfaces for a draw-down period of two to five days at the following rates: o to 1.9 units per acre R-15 non-performance residential R-15 performance residential Greater than 2.5 units/acre No detention required No detention required 1" detention required 1.5" detention required (3 ) Wetlands, natural depressions, and areas of good draining soils shall be used in the development of drainage plans if they exist. ( 4) COD regulations will remain in effect. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE SUBDIVISION AND ZONING ORDINANCES OF NEW HANOVER COUNTY ADOPTED OCTOBER 10, 1965 AND OCTOBER 6, 1969 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 38. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Davis to adopt the ordinance amending Article V, Drainage, Chapter 11, Nuisances of the New Hanover County Code with deletion of Section 11-90. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 976 Vice-Chairman Caster Voting Nay: Chairman Greer Since the ordinance did not receive a unanimous vote on the first reading, a second reading will be required on May 19, 1997. ACTION DEFERRED ON PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO MODIFY THE APPROVAL PERIOD AND VESTING REQUIREMENTS OF PRELIMINARY SUBDIVISION PLANS (A2-79, 4/97) Chairman Greer opened the Public Hearing and reported the recommended text amendment had not been included in the agenda package. Planning Director Hayes read the following text amendment: "The subdivider shall submit a final plat for all or part of the approved preliminary plan within 24 months of the preliminary approval date. If a final plat or a section thereof is not submitted within the 24-month time limit, or if there is a lapse of more than 24 months in the submittal of any subdivision section, the plat shall be resubmitted as a preliminary plan in accordance with this ordinance. An extension of time can be applied for at any time by the developer subject to the approval of the Planning Board before the 24 months expires." Chairman Greer asked if a limit should be placed on the number of times a developer can request an extension of time. Planning Director Hayes responded that most subdivisions are kept active by recording lots; therefore, it would be unusual for a developer to apply for more than one extension. Commissioner Davis asked if a two-year period was required by the State? Planning Director Hayes responded the State has enacted a new vesting statute that requires the County to give a two-year period of time for subdivision approval; however, the Subdivision Ordinance had not been amended. Chairman Greer asked if anyone from the public would like to comment. Mr. Chris Stephens, a local developer, reported a problem could arise where amenities are planned in future development of a subdivision with standards changing and the developer being caught between promising the buyers certain amenities that would not comply to the ordinance at a later date. Also, he inquired as to how this time limit would affect bonded subdivisions? Planning Director Hayes responded that bonded subdivisions would not be impacted by the proposed two-year time limit. Consensus: After discussion of not receiving the written text amendment, it was the consensus of the Board to defer action on this item until May 19, 1997. PUBLIC HEARING TO CONSIDER SUBDIVISION AND ZONING TEXT AMENDMENTS FORREINSTITUTION OF PARKS, RECREATION AND OPEN SPACE REQUIREMENTS FOR RESIDENTIAL SUBDIVISIONS Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported after hearing concerns by the Parks Director about not getting into the mini-park business with areas smaller than three (3) acres and the maintenance involved with these types of facilities, the Planning Board felt that text amendments NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 977 should be prepared and adopted to allow the County to reject these kinds of activities at its discretion. There was concern that the 3-acre per 1,000 population would only address "neighborhood parks" leaving a need for more regional and community-wide facilities, such as soccer and softball fields. The Planning Board discussed implementing a flat rate per dwelling in lieu of the recreational requirement but felt that developers should place the right recreational facilities in individual projects. After further discussion, the Planning Board voted five (5) to two (2) to approve the proposed text amendments. Vice-Chairman Caster asked if the developer donated the land, would it become the property of the County? Planning Director Hayes responded the property could be deeded to New Hanover County, retained by the developer, or the homeowners association with the recreational facilities being used only by the residents living in that subdivision. Chairman Greer reported the Parks Advisory Board was not in favor of having mini-parks which require a great deal of maintenance. He asked if the regulations would address all structures being constructed? Planning Director Hayes reported there are open space requirements for all high density projects, such as apartment complexes, townhouses, and planned development with these recreational facilities being maintained privately. The County does not have recreational open space requirements for regular, conventional, or performance subdivisions. This means the County has to purchase land and provide parks and facilities for these areas. Commissioner Birzenieks asked why some members of the Planning Board voted in opposition to the text amendments? Planning Director Hayes stated some members felt an additional cost would be passed to the residents living in developments as well as increase the price of lots and houses. Commissioner Howell asked if the additional cost per lot had been calculated? Planning Director Hayes responded that no scenarios had been developed on the cost per lot; however, the cost would be based on the market value, the tax assessed value, and comparable sales in an area. Commissioner Howell expressed concern for voting on the proposed text amendment until more information had been presented on the additional cost per lot. Commissioner Davis asked if the proposed text amendments would be overly restrictive to first-time homeowners? Commissioner Howell responded the text amendments would increase the price of a new home. Chairman Greer asked if anyone from the public would like to comment. Mr. Chris Stephens emphasized the importance of the developer having the ability to provide the amenities on site and stated the real estate community would prefer an up-front collection that would go along with the marketing of the property. Chairman Greer responded the Parks and Recreation Advisory Board was concerned about donation of properties by a developer with the County becoming responsible for maintenance. He stated if a developer was willing to provide the proper amenities there should be no problem with the proposed text amendments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 978 Ms. Sherry Howell, representing the Homebuilders Association, stated ifthe text amendments are approved, new housing will fund parks and recreational needs for New Hanover County, which is a form of an impact fee. Parks and recreational facilities are luxuries; however, housing is a necessity. The Homebuilders Association is opposed to the text amendments and strongly feels the property tax should be used to pay for parks and recreational facilities. County Manager O'Neal recommended deferring action on the proposed text amendments until staff can provide scenarios of the additional cost for housing and lots. Consensus: It was the consensus of the Board to defer action on the proposed text amendments until May 19, 1997. ADDITIONAL ITEMS Concern for Decisions Being Made in the Thursday Morning Staff Meetings Vice-Chairman Caster expressed concern for reading in the paper about the problem being experience with the Mr. Hall Painter regarding a connector road between Providence and Timber Creek subdivisions. He emphasized the importance of discussing issues of this type in regular meetings and not rendering decisions of any type in staff meetings. County Attorney Copley reported Attorney George Fletcher was representing Hall Painter who was concerned about paying $50,000 for a connector road that would not be used because the community of Timber Creek had placed a gate at the entrance of the subdivision. She advised after discussion at the Thursday morning staff meeting, the Board directed the Legal Department not to proceed with case against Mr. Painter until a letter could be written to the residents living in Timber Creek and Providence subdivisions about how the street blockage could adversely impact the response time of emergency vehicles when responding to calls in the subdivisions. Also, the letter was to inform the residents to contact the respective homeowners associations to consult with the County Attorney about the liability associated with impeding emergency responses. Vice-Chairman Caster, again, reiterated the importance of not discussing issues of this type at a staff meeting. Chairman Greer reported he was responsible for asking the County Attorney to discuss this particular matter. Status Report on Hiring aNew Director for the Convention and Visitors Bureau Commissioner Birzenieks reported a Public Hearing was held to receive public comments relevant to hiring a new Director for the Convention and Visitors Bureau and to hear comments about the role of the Convention and Visitors Bureau in the community. He advised the meeting went well, and he reported that 70 applications had been received. Chairman Greer expressed concern about the appointment process, and he requested Commissioner Birzenieks to keep the Board informed. Status of Hospital Study Committee Report Commissioner Birzenieks reported he would be going out of town on Wednesday, May 7 through May 12, and he asked when the final report would be received from the Hospital Study Committee? Assistant to the County Manager, Pat Melvin, advised the Hospital Study Committee would perform a final review of the report on Wednesday, May 7, with the report being ready Friday, May 9, 1997. Status Report on the School Bond Public Opinion Survey Commissioner Birzenieks requested a status report on the public opinion survey for the school bond. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 979 Deputy County Manager, Andrew 1. Atkinson, advised that Wirthlin had completed the focus groups and was in the process of compiling the questionnaire, which would be similar to questions used in the Wake County survey. Commissioner Howell asked if the Board would be able to review the questions before the survey was performed? Deputy County Manager Atkinson reported the survey questions should be completed by next week and stated the target date for completion of the public opinion survey was the end of May. Authorization for the County Attorney to Write a Letter to the Firm of Robinson, Bradshaw, & Hinson, P.A., the Newly Hired Bond Counsel Commissioner Birzenieks advised the firm of Robinson, Bradshaw, & Hinson, P.A. had not been contacted since the decision was made to change agencies on March 10, 1997. He expressed concern that no letter or notification has been given to the firm by the County. Chairman Greer responded the normal procedure was to contact the firm when a bond issue was being prepared. Commissioner Birzenieks stated as a matter of courtesy, the new firm should be written a letter. Consensus: After further discussion, it was the consensus of the Board to request the County Attorney to write a letter to the new bond counsel. Presentation of the City-County Utilities Committee Interim Report Vice-Chairman Caster presented a copy ofthe City-County Utilities Committee Interim report on the progress being made in developing a specific structure for uniting all City and County water and sewer services. He advised the same report would be presented to the Wilmington City Council this week, and he requested each member of the Board to read and study the report for discussion at a future meeting. Discussion of School Needs Commissioner Howell commented on the projected school needs of $496,377,226 and suggested appointment of an Ad Hoc Committee to study ideas and ways to improve education. He, also, reported on problems with solid waste disposal and crime and he requested the Board to consider appointing committees to study these issues. Deputy County Manager Atkinson reported the Criminal Justice Partnership Program and the New Hanover County Crime Commission were in place and stated members of these groups would be glad to work on crime issues. Chairman Greer advised that once the public opinion survey for schools was completed, he felt many people would be interested in developing a vocational training program that would involve Cape Fear Community College. He advised that a number of years ago a school in Lincoln County developed a model program for combining vocational training with the public school system and community college. He requested Staff to check with the Lincoln County School System to see what type of structure was used. Commissioner Birzenieks reported he would be in Lincolnton, N. C., this week and he offered to visit the Lincoln County School System and obtain information on the program. Commissioner Howell expressed concern for the lack of authority given to teachers and principals to deal with many of the problems being experienced in the schools. Commissioner Birzenieks agreed and stated when receiving the proposed budget, he requested the County Manager to check into the amount of money allocated to the Quality Management Program which could be disastrous to teachers and school employees. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 5, 1997 BOOK 25 PAGE 980 County Manager O'Neal reported he had requested the School Administration to provide the amount of funding appropriated in the budget for the Quality Management Program; however, a response had not been received. He cautioned the Board about moving into the area of determining policy since the General Statutes clearly provide authority for the Board of Education to determine educational policies. Vice-Chairman Caster recommended meeting with the Board of Education and informing them about the concerns within the community. After further discussion, it was agreed to schedule a joint meeting with the Board of Education to discuss issues of concerns. The County Manager was requested to contact the Chairman of the Board of Education as to when a meeting could be scheduled. Appointment of Drainage Board for NorthChase County Attorney Copley reported a $25 check had been received from the NorthChase Homeowners Association in support of their drainage petition. She advised the General Statutes require the Board of County Commissioners to appoint a County surveyor within 10 days from receipt of the check. County Attorney Copley advised it would be appropriate to appoint the County Engineer to serve as the County Surveyor and Chairman of the Drainage Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to appoint the County Engineer, Wyatt Blanchard, to serve as the County Surveyor and Chairman of the Drainage Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Presentation of Services Provided by the N. C. Forestry Service to be held on May 22, 1997 Clerk to the Board, Lucie F. Harrell, reported Mike Hardison of the N. C. Forestry Service, has requested the Board to select a convenient date to attend a brief presentation on the services provided by the Forestry Service. Consensus: After discussion, it was the consensus of the Board to hear the presentation by the Forestry Service on May 22, 1997, at 8: 00 AM. in the Fire Service office located at 1815 Gardner Drive. ADJOURNMENT Chairman Greer adjourned the meeting at 11:47 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the District Board