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1997-07-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 1 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 7, 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 O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG County Manager, Allen O'Neal, gave the invocation. Commissioner Buzz Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. Casey Haynes, a resident of 5310 Hugo Court, expressed concern for the manner in which the last school bond monies had been administered and stated many of the repairs and renovations to existing school buildings had not been completed. He referenced the results of the public opinion survey, which indicated that a majority of citizens were willing to pay for improving schools, and he requested the Board to consider increasing the size of the proposed $125,000,000 school bond issue to include repairs and renovations as well as construction of new schools. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Haynes for the recommendation. APPROVAL OF CONSENT AGENDA Chairman Greer requested a correction to the minutes of June 2, 1997, on Page 1039 with a change in the last word of the last paragraph from permitted to restricted. Chairman Greer requested removal of Consent Agenda Items 2- Band 9 for further discussion. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve the Consent Agenda with removal of Consent Agenda Items 2- Band 9, and approve the minutes of June 2, 1997, as corrected by Chairman Greer on Page 1039. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approve the following sets of minutes as presented by the Clerk to the Board: Regular Meeting June 2, 1997 Budget Work Session June 12, 1997 Regular Meeting June 16, 1997 Adoption of Resolution Authorizing Conveyance of Lots Owned Jointly by the City of Wilmington and New Hanover County to the AME Zion Community Development Corporation The Commissioners adopted a resolution to convey the following lots owned jointly by NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 2 the City of Wilmington and New Hanover County to the AME Zion Community Development Corporation for construction of owner-occupied, single-family residences: Parcel Number 048-13-037-025.000 048-13-018-001.000 048-13 -020-0 11. 000 054-05-025-008.000 Address 806 Rankin Street 704 Hanover Street 815 Campbell Street 716 Ann Street Lot Dimensions 30' x 65' 33' x 83' 41' x 66' 132' x 66' Tax Value $1,696 $2, 199 $1,545 $2,827 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 1. Adoption of Resolution to Amend the Collection Policy of the Cape Fear Museum The Commissioners adopted a resolution to delete Item 3 from the Collection Policy of the Cape Fear Museum because it was felt this section was not needed since items would not be collected that were not compatible with the purpose of the Museum. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 1. Authorization for the Cape Fear Museum to Accept An Offer From the Museum of The New South in Charlotte, North Carolina for the Sale of a Bale of Cotton The Commissioners authorized the Cape Fear Museum to accept an offer in the amount of $302.47 from the Museum of The New South in Charlotte, North Carolina, for the sale ofa bale of cotton that was purchased in 1979. The proceeds are to be placed in the Artifact Acquisition Account of the Museum. Authorization for County Manager to Accept the FY 1997-98 Victims of Crime Act Grant Award The Commissioners authorized the County Manager to accept the FY 1997-98 Victims of Crime Act grant award in the amount of $61,236 to provide direct client services to victims of domestic violence. No County funds are involved, and the grant will flow through the escrow account with the County being responsible for the fiscal control of funding. The County Manager was authorized to execute the necessary documents. Authorization for the New Hanover County Library to File Four Competitive Library Services & Construction Act Grants (LSCA) The Commissioners authorized the Library to file four competitive LSCA grants as follows: (1) Big Apple Comes to Wilmington: Grant funds will be used to purchase a microfilm reader/printer and back issues of the New York Times on microfilm; (2) Evangelism: Grant funds will be used to purchase a new library van and audio books for use with the homebound and institutionalized; (3)The Fales Collection: Grant funds will be used for a digital project to digitize a collection ofl,400 slides and make them available to the public through the Library's LAN; and (4) Internet-Networking in the 21st Century: Grant funds will be used to upgrade the LAN in order to improve response time for users. The Library Director was authorized to prepare the appropriate budget amendments if the grants are awarded. Approval of Jail Medical Plan Update The Commissioners approved an update of the Jail Medical Plan as presented by the Health Department pursuant to NCGS 153 - A.225. The changes were made for clarification in various areas. Authorization for Deputy County Manager to File a U. S. Department of Justice Grant Application and Approval of Budget Amendment #98-0003 The Commissioners authorized the Deputy County Manager to file aU. S. Department of Justice grant application in the amount of $74,797 with a County match of $83, III and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 3 approve the associated budget amendment as listed below. The grant is for continuation of the Drug Court in District Court. Budget Amendment #98-0003 Non-Departmental Drug Court Credit Debit Non-Departmental Contingencies $ 8,311 Transfer to Drug Court $ 8,311 Drug Court Bureau of Justice Grant Transfer from General Fund $74,797 8,311 Contracted Services $83,108 Purpose: To establish a budget for the Bureau ofJustice grant and transfer funds from Contingencies for the County match. Authorization for the Department of Aging to Apply for a Foster Grandparent Program Grant from the Corporation for National Service The Commissioners authorized the Department of Aging to apply for a Foster Grandparent Program grant in the amount of$209,895 from the Corporation for National Service with a County match of$31,266. The grant funds will be used to establish a Foster Grandparent Program in New Hanover County to pay lower income older adults to work with children who are disadvantaged or at-risk. The program will be coordinated through the Retired Senior Volunteer Program (RSVP). Adoption of Resolution to Add Roads to the State Highway System The Commissioners adopted a resolution to add roads in the Brittany Lakes Estates 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 XXIV, Page 1. Approval of Contract #98-0059 with H. Burkert & Company for Design of Senior Citizens Center Nature Trail The Commissioners approved a contract with H. Burkert & Company in an amount not to exceed $18,000 for the design, construction drawings, bidding and contract administration of the Nature Walking Trail to be located adjacent to the New Hanover County Senior Center. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval of Budget Amendment #98-0002 - New Hanover County Schools The Commissioners approved the following budget amendment: #98-0002 New Hanover County Schools Debit Credit New Hanover County Schools Contribution - Capital Outlay $500,000 Contribution - Current Operating $500,000 Purpose: To amend the FY 1997-98 County Budget Ordinance to correspond with the Board of Education's preference of appropriating the Schools' fund balance to capital outlay instead of current operating. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 4 Budget Amendment #98-0001 Reported for Entry Into the Record - Juvenile Day Reporting Center The following budget amendment was reported for entry into the record: #98-0001 Juvenile Day Reporting Center Contracted Services Training & Travel Departmental Supplies Capital Outlay - Equipment Debit Credit $287,757 $123,382 $ 5,000 $ 10,875 $148,500 Juvenile Day Reporting Center Juvenile Day Reporting Purpose: To establish a budget for the grant awarded for the Juvenile Day Reporting Center. The grant was accepted by the Board of County Commissioners on June 16, 1997. Renewal of Contract #98-0011 with Newton Law Firm to Collect Delinquent Taxes The Commissioners renewed the contract with the Newton Law Firm to collect delinquent taxes. The General Statutes allow legal costs incurred in property tax foreclosures to be charged to delinquent taxpayers; therefore, the use of this firm to perform foreclosures results in no additional costs to the County. APPROVAL OF CONSENT AGENDA ITEM 2-B, RESOLUTION AUTHORIZING CONVEYANCE OF PROPERTY OWNED JOINTLY BY THE CITY OF WILMINGTON AND NEW HANOVER COUNTY TO WILMINGTON HOUSING FINANCE AND DEVELOPMENT, INC. (WHFD) Chairman Greer inquired as to why so many properties were being transferred at one time and requested an explanation of why the property at 3301 Princess Place Drive was assessed at $15,14 7? Mr. Bob Lucas, Executive Director ofWHFD, explained that in order to receive a HUD grant enough properties had to be acquired to establish the program to train young men in the construction trade. The lots are small and vary in size; therefore, small cottage-type dwellings will be built on each lot. He reported the lot on Princess Place Drive has a house on the site which increased the tax value; however, the house has been condemned and must be removed. He advised that Community Development Block Grant funds could be used to pay for the cost of removing the house. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution conveying seventeen lots jointly owned by the City of Wilmington and New Hanover County to WHFD for construction of owner-occupied, single-family residences. 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 XXIV, Page 1. POSTPONEMENT OF CONSENT AGENDA ITEM 9, REQUEST FOR APPRO V AL OF AN AMENDMENT TO CONTRACT #96-0463 WITH THE OGDEN VOLUNTEER FIRE DEPARTMENT FOR CONSTRUCTION OF THE PORTERS NECK SATELLITE FIRE STATION Chairman Greer expressed concern for the delay in construction of the Porters Neck Satellite Fire Station, and he requested an explanation. County Attorney Copley advised when the contract was negotiated, Commissioner Sisson was the Board's representative on the Fire Commission. He felt strongly that New Hanover County should enter into a performance based multi-year funding agreement with the Ogden Volunteer Fire Department before any funding was released. Due to the hurricanes and the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 5 hiring of a new Fire Administrator, meetings with the Ogden Volunteer Fire Department were delayed. The Legal Department has not released the funding because the Fire Commission has not developed the necessary performance standards. She advised that in order to move forward with the project, the Board may wish to eliminate the performance based funding agreement and disburse the money to the Ogden Volunteer Fire Department contingent upon establishing a date to begin construction. Chairman Greer expressed concern for discussing this project for at least three years and recommended proceeding with construction of the fire station with staff continuing to negotiate the funding agreement. Discussion was held on the amount of money to be contributed by New Hanover County and the percentage of ownership between the Ogden Volunteer Fire Department and the County. County Attorney Copley advised the County had committed to funding in the amount of$77,500; however, she would have to check on the exact percentage of ownership. Commissioner Howell reported while attending meetings of the Fire Commission, he had not seen a great deal of interest in completing the Porters Neck Satellite Fire Station. It appears the Fire Administrator feels the building is inadequate for the area, and the Ogden Volunteer Fire Department is currently understaffed with no desire to increase its workload. He informed the Board that a future goal of the Fire Commission was to have manned sites, which was not included in the plan for the proposed fire station. Chairman Greer reiterated the need to start the project and recommended either moving forward with construction or abandoning the project. Motion: After further discussion, Commissioner Howell, MOVED, SECONDED by Vice-Chairman Caster to table this item until the July 21, 1997, meeting and request Staff to review the project and report on whether the station should be built. Upon vote, the MOTION CARRIED UNANIMOUSLY. REPORT FROM THE NEW HANOVER BICYCLE ADVISORY COMMITTEE Mr. Chris O'Keefe, Chairman of the New Hanover Bicycle Advisory Committee, reported the Committee was formed in 1982 to assure that bicycle transportation and safety were not overlooked in the development process. Since that time, the Committee has been involved with education and safety programs. The Committee has representatives from law enforcement, transportation, planning, recreation, education, commerce and bicycle user groups. Members apply and are appointed by the local governments to serve 2-year terms. The bicycling community in Wilmington includes citizens and visitors from all walks oflife. The moderate climate and relatively flat terrain provide ideal conditions for most cyclists. There are several distinctive cycling populations in New Hanover County: (1) Commuters: Commuters encompass all of those individuals that use their bicycles to ride to and from their place of employment. (2) Students: Students comprise a significant percentage of the cycling community. They ride bikes to and from the classroom and around town for exercise or transportation. (3) Exercise: Many cyclists rely on cycling for exercise. Numerous health benefits can be obtained through cycling. (4) Recreational Riders: Recreational riders are the fastest growing group of riders in the community. This group includes residents and visitors of all ages and skill levels who enjoy riding for recreational purposes. Mr. O'Keefe reported the Bicycle Advisory Committee addresses the needs of each type of rider through holding the following events: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 6 Ride Your Bike to Work Week: This event is intended to encourage potential commuters to ride their bikes to work. The event originated two years ago and has been repeated because of its popularity. The River to the Sea Awareness Ride: This event was held on May 3, 1997, to introduce people to the County's only bike route. The route spans 10.5 miles between downtown Wilmington and Wrightsville Beach, and it can be enjoyed by riders of all ages and skill levels. The Bicycle Advisory Committee has worked to provide better signage along the route, and a map has been prepared to inform the public about the location of the route. Share the Road and Maintenance Report: Last month, an effort was made to encourage the bicycling community to report hazardous conditions on area bikeways and roadways. Cyclists were given an opportunity to fill out a form describing a hazardous condition and mail the form to the Bicycle Advisory Committee. Once the form was received, it was reported to the N. C. Department of Transportation and the City of Wilmington for repair and maintenance. Bicycle Rodeos and Poster Contests: These events have been used to educate young riders about the rules ofthe road and safety cycling techniques. Last May over 250 area school children submitted posters that were judged by a panel, which included Chairman Greer and Mayor Betz. Winners were given gift certificates. Each year the Committee presents a list of projects to be submitted to the State for consideration in the Transportation Improvements Plan (TIP). The plan submitted this year was for completion of bike lanes on Greenville Loop Road, widening the shoulders on Blue Clay Road, scooping of Park Avenue for bicycle improvements, and adding bicycle lanes to River Road, Eastwood Road, and Military Cutoff Road. A long-range goal ofthe Committee is to establish a network of connecting bike routes which will link popular destinations and give cyclists an alternative to driving their cars. One of the most importance aspects of planning for multi-modal transportation is identifying the popular origins and designations. The University of North Carolina at Wilmington, Wrightsville Beach, and downtown Wilmington are the three popular destinations. Other destinations will be to restaurants, schools, neighborhoods, parks, and other recreation areas. The lack of safe riding venues has been identified as the major concern for most cyclists. The primary concern is increased automobile traffic and cul-de-sac development which creates unsafe bicycle riding on most major roads. The bike route network plan will address this problem and present options to provide a safe and efficient network of connected bike routes. In closing, Mr. McKeithan advised the Committee was looking forward to continued support from the City and County, and stated if you ride your bicycle, please obey the rules of the road, wear a safety helmet, and stay on designated bike routes whenever possible. Chairman Greer inquired as to whether the N. C. Department of Transportation was responsive to including bike routes in the TIP, and asked if the Board of County Commissioners could be of assistance? Mr. O'Keefe responded the Commissioners are required to approve the TIP, which includes the request for bike routes; however, any additional support through letters or verbal communication would be helpful at the State level. Discussion was held on writing a letter to the N. C. Department of Transportation to encourage the placement of bike routes when making highway improvements. The Clerk to the Board was requested to prepare a letter for the Chairman's signature. Chairman Greer spoke in favor of bicycle paths and asked if the County had implemented a requirement for placing bicycle paths on streets that run through subdivisions? Planning Director Hayes responded this issue had been discussed but no formal NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 7 recommendation had been received from the Board of County Commissioners to proceed with preparing a text amendment. He advised a text amendment could be prepared and presented to the Planning Board with a Public Hearing held on the issue to determine the feelings of the community and developers. Chairman Greer recommended requesting the Planning Staff to prepare a report on the cost that would be involved with requiring developers to place bike paths on major roads in new subdivisions. ADOPTION OF RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION TO PROCEED WITH HOLDING A $125,000,000 SCHOOL BOND REFERENDUM ON NOVEMBER 4, 1997 Chairman Greer advised the Board of Education had requested the Commissioners to proceed with holding a $125,000,000 school bond issue, which does not include the vocational training school, but does include funding for new schools. He referenced the comments made earlier in the meeting by Mr. Haines regarding the immediate need to repair existing schools, and he advised the State School bond issue would be utilized for improvements to existing facilities. Discussion was held on why the bond referendum was being held in November instead of October. County Manager O'Neal advised this date was recommended to allow ample time for the Local Government Commission and the County's Bond Counsel to prepare the necessary paperwork and schedule for the bond authorization. Commissioner Birzenieks commented on being in favor of the school bond issue but stressed the importance of the Board continuing to pursue development of a unique vocational education program in New Hanover County. He asked if a date had been selected for the Commissioners to tour the vocational education schools in Lincoln County and Guilford County? County Manager O'Neal reported that contact had been made with the two vocational education schools; however, the administrators felt it would be beneficial to wait until school started to see the programs in operation; therefore, a trip will be planned for the Commissioners to visit the facilities in mid-September. Discussion was held on the coordination ofthe vocational education programs between Cape Fear Community College and the New Hanover County School System. County Manager O'Neal reported that Dr. McKeithan and Dr. Martin had been meeting on a regular basis to develop similar vocational education programs offered in the high schools and at Cape Fear Community College. It appears there is a mutual understanding and respect for vocational educational; however, the State statutes do not allow students under 16 years of age to attend a community college. Commissioner Birzenieks stated after discussion with the teachers in Lincoln County, it was felt the vocational education program should begin at the 8th grade level. He recommended expanding the program beyond high schools to include the middle schools. Commissioner Howell recommended approaching the local legislators about enabling legislation to allow students under 16 to participate in a vocational education program offered by the Community College as well as amend State Statutes regarding building requirements for school buildings, such as campus size and the height of buildings. County Manager O'Neal commented on the lack of land available in New Hanover County and stated the height restriction on school buildings was becoming a problem. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a resolution to authorize the filing of an application with the Local Government Commission and officially take the actions necessary to hold a $125,000,000 school bond referendum on November 4, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 8 Exhibit Book XXIV, Page 1. ADOPTION OF RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION TO PROCEED WITH HOLDING A $38,300,000 CAPE FEAR COMMUNITY COLLEGE BOND REFERENDUM ON NOVEMBER 4 , 1997 County Attorney Copley requested the Board to adopt a resolution to officially begin the process for holding a $38,300,000 Cape Fear Community College bond referendum. Commissioner Davis asked if the Board felt the Community College bond issue would have a negative impact on the school bond issue? Vice-Chairman Caster reported during the last referendum, the Community College bond issue did not negatively impact the school bond issue. Generally, citizens are more displeased with the School System than the Community College; however, the basic difference in this referendum is the size of the bond issues. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a resolution to authorize the filing of an application with the Local Government Commission and officially take the actions necessary to hold a $38,300,000 Cape Fear Community College bond referendum. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 1. A lengthy discussion was held on why the City of Wilmington holds its election in October and the other municipalities in November. County Manager O'Neal responded the City's Charter specifies the election date. All municipalities are chartered and the election date is determined at that time. A Charter cannot be changed without enabling legislation from the General Assembly. Also, the County receives full reimbursement from the municipalities for all costs involved with municipal elections. SECOND READING FOR RENEWAL OF THE FRANCHISE WITH MEDICAL TRANSPORTATION SPECIALISTS,INC. FOR THE PROVISION OF NON-EMERGENCY AND EMERGENCY AMBULANCE SERVICES IN NEW HANOVER COUNTY Chairman Greer reported this was the second reading of the franchise with Medical Transportation Specialists, Inc. for the provision of non-emergency and emergency ambulance services in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to renew the franchise with Medical Transportation Specialists, Inc. for the provision of non-emergency and emergency ambulance services in New Hanover County with a renewal date ofJune 30,2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the franchise is on file in the Legal Department. REAPPOINTMENT OF TAX ASSESSOR (TAX ADMINISTRATOR) County Manager O'Neal reported pursuant to NCGS 105-294, the Board of County Commissioners must appoint a County Assessor (Tax Administrator) at the first meeting in July. He advised the incumbent administrator had met all qualifications required for holding the position and had fulfilled the continued instruction required to maintain qualifications as defined by State Statute for the position. Chairman Greer asked why the appointment was recommended for two years? County Manager O'Neal responded the General Statutes allow a Board of County NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 9 Commissioners to consider the following options: (1) reappoint the Tax Assessor for a 2-year or 4- year term; or (3) refuse to reappoint the Tax Assessor. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reappoint Roland G. Register as the Tax Assessor (Tax Administrator) for a term of two years. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O'Neal complimented Mr. Register and his staff for the outstanding job performed in the Tax Department. APPROVAL OF INCENTIVE PAYMENT TO ROBBINSVILLE CONTRACTING COMPANY, INC. FOR CELL 4B AT THE NEW HANOVER COUNTY LANDFILL, CONTRACT AMENDMENT #97-0229A Director of Environmental Management, Ray Church, reported that Robbinsville Contracting, Inc. has been approached about completing Cell 4B before the November 17, 1997, 150-day completion date. Due to tremendous growth in the landfill waste receipts, it now appears that Cell 1 will last for only 6-8 months. After negotiation with Robbinsville, the company feels its schedule can be compressed to 90-100 days and has agreed to receive payment of $1,000 per day not to exceed $50,000 for each day the project is completed prior to the 150-day completion date. The Board was requested to approve the additional funding. Commissioner Birzenieks requested an explanation of how the additional cost would be funded? Director Church reported the engineering cost estimate was $1.4 million for the project, and the bid was received at $864,000. Currently, there is $1.6 million available in the special obligation bond account, which will be used to fund the project. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the contract amendment with Robbinsville Contracting Company, Inc. in the amount of $1,000 per day not to exceed $50,000 for completion ofCell4B before the 150-day completion date. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the contract is on file in the Legal Department. Chairman Greer, on behalf of the Board, congratulated Director Church and his Staff for winning the International Energy Engineers' Association Award for the co-generation facility. BREAK Chairman Greer called a break from 7:35 P.M. until 7:53 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY J. HUTSON TO REZONE 2.29 ACRES ON THE SOUTHEAST SIDE OF MARKET STREET, 440 FEET SOUTH OF EL OGDEN DRIVE, TO B-2 BUSINESS AND 0-1 OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-601, 4/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board heard this item in April; however, due to concerns from adjacent property owners in the EI Ogden Subdivision, the Planning Board decided to continue the case until May. In the interim, the applicant was instructed to consider the following modifications to the petition: (1) a combination of B-2 along the frontage of the property and 0-1 to the rear; or (2) consider submitting a conditional use. At the Planning Board meeting held in May, the applicant submitted a revised petition requesting a combination of B-2 and 0-1 Zoning. Again, due to concerns from adjoining property owners, the Planning Board voted to continue the case until its June meeting. Property owners were concerned with the uncertainly of planned uses and the negative impact to surrounding neighborhoods with increased traffic congestion, noise, odors, drainage and devaluation of property values. As a result of those concerns, the applicant was again asked to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 10 consider submitting a conditional use zoning petition. At the June meeting, the applicant requested the Planning Board to rule on the modified petition for a combination of B-2 Business 332 feet in front and 0-1 Office 250 feet in the rear because he was not interested in conditional use zoning. The adjacent property owners, again, reiterated their concerns and the Planning Board voted unanimously to deny the petition as modified. Chairman Greer inquired as to whether anyone from the public would like to comment? Attorney John Wessell, representing the applicants Mr. 1. Michael Hutson and Mr. Lou Nieper, reported the applicants were not the owners of the property, but were seeking the rezoning to locate a restaurant on the B-2 portion of the site. Mr. Hutson and Mr. Nieper are the owners and operators of 1. Michael's Philly Deli at the Hanover Shopping Center, and they would like to construct a similar restaurant on the site. The initial application was to rezone the entire site to B-2 Business because surrounding properties were already zoned B-2 to the north and to the south of the parcel. The applicants felt this was a reasonable use for the property, and the B-2 zoning would allow them to construct a restaurant. When the petition was considered by the Planning Board, residents in the EI Ogden Subdivision came forward and objected to the rezoning because of traffic and potential uses that are permitted in a B-2 Zoning District. As a result of these objections, the applicants amended the plan. The property is comprised of2.29 acres with a petition to rezone the front 1.29 acres to B-2 and rear one (1) acre to Office and Institution. This proposed rezoning would have less of an impact to the EI Ogden Subdivision and surrounding neighborhoods. The current Land Use Plan considers Office and Institution as an appropriate use adjacent to residential properties provided the design and use are compatible to the residential area. The plan for the Office and Institution will be a one-story office building surrounded by required buffers to include a 6-foot wooden fence. The applicants felt this was a reasonable compromise based upon concerns expressed by residents living in the EI Ogden Subdivision. However, when the amended plan was presented to the Planning Board, the residents ofEI Ogden Subdivision objected to the plan and the Planning Board requested the applicants to consider conditional use zoning. The applicants were not interested in applying for conditional use zoning, and the Planning Board denied the amended plan. Attorney Wessell advised the applicants are now appealing the denial of the Planning Board and requesting the Board of County Commissioners to consider the amended plan to rezone 2.29 acres on the southeast side of Market Street south ofEI Ogden Drive to B-2 Business and Office and Institution. The B-2 Business tract is compatible with B-2 zoning to the north and south. The Office and Institution property in the rear will be compatible with adjacent residential tracts. The Land Use Plan encourages the location of commercial projects in designated commercial nodes that have public services in place. This portion of Market Street clearly meets the definition of a commercial node with public services in place to accommodate uses in a B-2 Business District. The concerns of neighbors living in adjoining subdivisions are not being ignored. The applicants are clearly aware of these issues and have amended the plan to be more compatible to adjoining subdivisions. The two major concerns expressed by adjoining residents were drainage and traffic. Apparently, the storm water runoff from the site drains back to the EI Ogden Subdivision, which has created a problem with flooding. Under the proposed project, a retention pond will be required to minimize any negative impact from drainage. No traffic from the project will go through the EI Ogden Subdivision. All egress and ingress will be from Market Street. The hours of operation for the restaurant and 0&1 uses will not increase the traffic at peak hours because the restaurant will be opened from 11: 00 AM. until 1 0: 00 P.M. and most businesses will close no later than 7: 00 P.M. Also, there were a few comments from the residents about lighting, noise and odor. The owners are willing to use directional lighting and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 11 the restaurant will be operated in an efficient manner that will control noise and odor. In closing, Attorney Wessell advised the applicants recognize the concerns of the adjacent neighborhoods. The applicants have attempted to address these concerns in the amended plan. If the property is rezoned as requested, the current owners will be able to realize a reasonable return for the sale of the property and the property will be developed in a manner that will minimize the impact of commercial use on adjacent neighborhoods. The Board was requested to approve the amended plan. Commissioner Howell inquired as to whether the 6-foot fence was requested in B-2 zoning? Attorney Wessell responded the fence was an option in the buffering requirements. Commissioner Davis asked why the applicant was not interested in the conditional use zoning? Attorney Wessell explained since the applicants do not own the property, there was concern for the costs involved with an extensive study of the property and preparation of a site plan for conditional use zoning. Mr. David Sneeden, representing Mrs. Sarah Grady, the owner of the property, noted that Mrs. Grady was not able to attend the meeting because she was ill. He stated that Mrs. Grady had lived on the property for 60 years and reported the property had been in the family for over 75 years. Emphasis was placed on the importance of this land to Mrs. Grady and her desire for the land to be used in a way that would be compatible to surrounding neighborhoods. He requested the Board to approve the rezoning and allow the property to be developed in a manner that will provide a minimal impact to the surrounding residents and allow Mrs. Grady to sell the land. Mr. Robert Thomas, a resident of 106 Buff Circle, reported the residents in EI Ogden were gravely concerned about the quality oflife in the neighborhood. The proposed site is surrounded by existing single-family homes. Regardless of the buffering, the odor, noise, and visual impacts will be felt throughout the subdivision. If the property is rezoned and the restaurant is sold at a later date, any type of business use can be placed on the site. On three occasions, the Planning Board has recommended conditional use zoning and the applicants have refused to consider this more restrictive use. The residents ofEI Ogden fully support the Planning Board's recommendation for conditional use zoning in this transition area. He urged the Board to deny the B-2 and Office and Institution rezoning because ten families would be directly impacted by the rezoning and hundreds of other families in surrounding neighborhoods. Commissioner Davis asked if the adjacent property owners would be satisfied if the applicants applied for conditional use zoning? Mr. Thomas stated he was opposed to a restaurant being located in his back yard because of the odor, noise, and lights. He advised he would prefer Office and Institution zoning for the entire parcel. Mr. Jim Pittman, a resident of EI Ogden, expressed concern for traffic and stated trying to make a left turn from EI Ogden Drive to Market Street in the morning and afternoon had become almost impossible. With the proposed restaurant, the traffic will increase and there will be a greater potential for traffic accidents when leaving the subdivision. Also, there is concern about drainage because a large area of the site will be paved and storm water will flow directly into his back yard and the yards of other adjacent property owners. He urged the Board to deny the proposed rezoning because of increased traffic, noise, lighting, and devaluation of surrounding properties with encroachment of this commercial use on the proposed site. There being no further comments, Chairman Greer closed the Public Hearing. Motion: After discussion of this site being surrounded by residential properties, Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 12 Howell MOVED, SECONDED by Vice-Chairman Caster to deny the rezoning request as presented in the amended plan. Mr. Michael Hutson reported since he and Mr. Nieper did not own the property, it was not possible to spend the time necessary to develop a plan for conditional use zoning. By splitting the zoning between B-2 Business and Office and Institution, it was felt the impact would be reduced to surrounding property owners. He expressed concern for the residents and the Board of County Commissioners feeling that the concerns of the neighborhood were not considered. Chairman Greer advised ifthe property should be sold at a later date, the B-2 Business zoning would allow for any type of commercial use. Discussion was held on the options available to the applicants. County Attorney Copley advised the Board could deny the rezoning request or direct the applicants to apply for conditional use zonmg. Chairman Greer advised Mr. Hutson ifhe and his partner applied for a conditional use, there would be no guarantee that the Commissioners would approve the request. Attorney Wessell requested the Board to direct Mr. Michael to send the petition back to the Planning Board for conditional use zoning. Commissioner Howell WITHDREW HIS MOTION. Motion: Commissioner Howell MOVED to request the applicants to apply for conditional use zonmg. Commissioner Davis asked if the applicants could voluntarily withdrew the request? Chairman Greer responded the applicants could withdraw the request, but the petition would not be heard for twelve months. THE MOTION MADE BY COMMISSIONER HOWELL FAILED DUE TO NOT RECEIVING A SECOND. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to DENY the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. REQUEST FROM J. KEETER, REPRESENTING CORNING, INC., TO REZONE 1.979 ACRES ON THE SOUTHWEST CORNER OF THE CORNING TRACT JUST NORTH OF FULLER DRIVE TO 1-1 LIGHT INDUSTRIAL FROM R-15 RESIDENTIAL (Z-604, 6/07) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted to recommend approval of the petition as submitted, noting the request was consistent with the Land Use Plan and the existing land development patterns of the area. There was no opposition present at the Planning Board meeting. One adjacent property owner informed the Planning Board that he was in support of the request and felt that remaining residential properties would be converted to commercial and industrial uses. Chairman Greer inquired as to whether anyone from the public would like to comment. Attorney Jeff Keeter, representing Corning, Inc., requested approval of the petition and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 13 stated he would be glad to answer any questions about the rezoning. Commissioner Birzenieks asked if the property was within the fenced area of the parcel? Attorney Keeter responded the property was within the fenced area. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning 1.979 acres in the southwest corner of the Corning tract north of Fuller Drive to I-I Light Industrial from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9-A, Page 42. PUBLIC HEARING TO CONSIDER A REQUEST FROM J. TOMASELLI, REPRESENTING W. C. AND DELORES BROWN AND ROBERT SMITH, TO REZONE 4.64 ACRES ON THE WEST SIDE OF SOUTHERLAND AVENUE NORTH OF WRIGHTSVILLE A VENUE AND BEHIND LUMINA STATION TO CONDITIONAL USE B-2 BUSINESS FOR RETAIL, SERVICES AND OFFICES FROM R-15 RESIDENTIAL (Z- 604, 6/97) Chairman Greer opened the Public Hearing and announced a conditional use zoning requires a 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: Dexter Hayes Joel Tomaselli William Gage Planning Director Hayes advised the Planning Board voted unanimously to recommend approval of the petition pursuant to the site plan as submitted contingent upon the following conditions: (1) The site identification signs must be pursuant to the Special Highway Overlay District requirements. (2) Southerland Avenue must be upgraded along the site's entire frontage consistent with improvements made for Lumina Station, Phase I. (3) Impervious surfaces must be limited to the greatest extent practical in the 1 00 Year Flood Plain. (4) Directional lighting must be used to minimize impacts on adjacent properties. (5) Trees must be preserved to the greatest practical extent. When the Planning Board approved the conditional use district on this site, it was noted the use would be consistent with the purpose and intent of conditional use zoning and consistent with the Land Use Plan. Only one resident from Lions Gate spoke in favor of the petition, and no one spoke in opposition. Chairman Greer inquired as to whether the petitioner or other persons sworn in would like to present comments on the proposed rezoning? Mr. William Gage, the architect for Lumina Station, emphasized the importance of planning NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 14 and design in rezoning property and reported the design for the proposed project was attractive and would present a less intense use for the property. The site was a former landfill that was filled with debris from Hurricane Hazel. No additional debris has been added, but the site is currently filled with eight to ten feet of construction debris over 50% of the parcel. The landfill will be abated by removing the debris, which is an eye sore, as well as a public nuisance and potential public liability. When appearing before the Board several years ago for Lumina Station, Phase I, the architects created a desirable development. If the Board approves the conditional use application, another quality project will be constructed. He requested approval of the petition as submitted. Mr. Joel Tomaselli, representing the developers of Lumina Station, reported the company did meet with the residents of Lions Gate and MacCumber Terrace and stated no objection was expressed by the residents. He requested the Board to approve the conditional use rezoning. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to rezone 4.64 acres on the west side of Southerland Avenue north of Wrightsville Avenue and behind Lumina Station from R-15 Residential zoning to a Conditional Use B-2, Highway Business Zoning District Classification. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 2, Page 43. Planning Director Hayes presented the following preliminary Staff findings: General Requirement # 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: (1) The facilities will be connected to a private community water system and county sewer. (2) The site has access to Southerland Avenue, an open but otherwise unimproved public street. The site will also have access to an existing drive that now serves Phase I of Lumina Station, a mixed use retail/office center located north of and contiguous to the site. This drive provides direct access to Eastwood Road. (3) The site is located in the Seagate Volunteer Fire Department District. ( 4) Part of the site is located in the 1 00 Year Flood Plan; however, no buildings are planned in this area. Development in the flood plain will be limited to off-street parking, foot bridges for pedestrian use, and road crossings with bridging to support vehicle traffic. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (1) The applicant has submitted a site plan pursuant to the Zoning Ordinance. (2) Applicable setback and buffer yards can be met. (3) No information is provided for signs or outdoor lighting. ( 4) A traffic impact statement has been provided. General Requirement #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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 15 (1) There is a broad mix ofland uses in the general area. Commercial development abuts the site to the north and east. High density residential development is located to the east. Scattered single family dwellings and a large public well facility are located to the south. General Requirement #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: (1) The proposed development would constitute Phase II of Lumina Station. Lumina Station, Phase I, located on the adjacent property is a shopping center offering a wide mix of speciality retail, office space and personal services. Chairman Greer asked Mr. Tomaselli, ifhe agreed with the findings offact as presented by the Planning Director? Mr. Tomaselli agreed with the findings offact as presented. Commissioner Davis asked if the developer was willing to comply to the conditions recommended by the Planning Board? Mr. Gage responded the developer was willing to comply with the conditions recommended by the Planning Board even though there was some concern about the overall infrastructure on Southerland Avenue. There is a drainage problem that begins at the culvert on the Lumina side of Southerland Avenue and continues through the drainage system that goes under the buildings at Plaza East. During Phase I of Lumina Station, the developer installed new paving and gutter throughout the length of the property toward Wrightsville Avenue, and the same will be done for Lumina II. However, the developer will not provide the improvements beyond the project's boundary on Southerland Avenue. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to grant a Special Use Permit to Joel Tomaselli for a Conditional Use Zoning District to use the property located on Southerland Avenue for retail services and offices contingent upon the recommendations of the Planning Board based upon the evidence presented concluding that the use will not materially endanger the public health and safety iflocated where proposed and developed according to the plan as submitted and approved; the use meets 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 21. PUBLIC HEARING TO CONSIDER A REQUEST FROM CUSTOM WOOD PRODUCTS BY NUNNALLY, INC. TO CONSTRUCT A CUSTOM CABINET SHOP ON THE WEST SIDE OF CAPITAL DRIVE IN THE MURRAYVILLE STATION BUSINESS PARK (THE SIDE IS CURRENTLY ZONED CONDITIONAL USE LIGHT INDUSTRIAL) (S-408, 6/97) Chairman Greer opened the Public Hearing and announced the conditional use rezoning requires a quasi-judicial hearing; therefore, anyone wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 16 Mike Nunnally Planning Director, Dexter Hayes, reported the proposal was an extension of a previous conditional use zoning imposed by the County several months ago. The Planning Board voted unanimously to recommend approval of the petition as submitted. Discussion was held on potential impacts, such as noise generated from saws, air borne debris, and the storage of hazardous or flammable materials. The applicant reported that a noise test had indicated the decibel sound level would be less than a passing car. Also, an air quality permit was not needed because the use would not have direct outside emissions, and the storage of flammable materials would be limited to five- gallon containers in approved fire safety lockers. One adjoining property owner informed the Planning Board that he was concerned with any manufacturing facility that fronted along North Kerr Avenue. He reminded the Planning Board that he and his neighbors had fought to prevent the rezoning that led to the Murrayville Station Business Park. The Planning Board concluded the proposed operation would not impact residential uses fronting North Kerr Avenue and noted that the planned facility would be consistent with the approved business park plan. Planning Director Hayes presented the following staff findings: General Requirement # 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: (1) The site is located in an approved industrial/business park. Water and sewer services have been installed. (2) The site has access to streets that will be dedicated for public use. (3) The site is located in the Wrightsboro Volunteer Fire Department District. (4) The proposed use does not generate smoke, air borne debris or related by-products. No air quality permit is needed. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (1) A site plan pursuant to the Ordinance has been submitted. (2) The facility will be located in an existing approved industrial/business park. (3) The planned building meets the conditions of the existing conditional use zoning district. General Requirement #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: (1) The adjacent properties within the existing business park are zoned for a wide variety of industrial type uses, commercial services, storage and related uses. (2) Though the site is in close proximity to residential lots fronting the west side of North Kerr Avenue, it will be separated by a 75 foot buffer. (3) The site has access only to internal streets serving the business park. No access to North Kerr Avenue is permitted. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 17 General Requirement #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: (1) The facility will be located in an approved industrial/business park. (2) A 75 foot buffer between the rear of the building and North Kerr Avenue will be provided. (3) In addition to being located in the business park, the site is in close proximity to the commercial node formed by the intersection of North College Road and Murrayville Road. ( 4) The site is already zoned conditional use industrial. Chairman Greer asked if the petitioner or any other persons sworn in would like to comment. Mr. Mike Nunnally requested the Board to approve the request. Chairman Greer asked Mr. Nunnally ifhe agreed with the findings offact as presented by the Planning Director. Mr. Nunnally 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 Special Use Permit for a Conditional Use I-I Light Industrial District on the west side of Capital Drive in the Murrayville Station Business Park based upon the evidence presented concluding that the use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted and approved; the use meets 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 21. PUBLIC HEARING TO CONSIDER A RECOMMENDATION BY THE NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS TO REVISE SECTION 52-8 CONCERNING THE INSTALLA TION, DESIGN AND OPERATION OF FIRE HYDRANTS FOR NEW SUBDIVISIONS (A-281, 6/97) Chairman Greer opened the Pubic Hearing. Planning Director Hayes reported the Planning Board voted unanimously to recommend approval of the proposed changes with one modification. Concern was raised by a developer who felt the 300 foot spacing requirement for high density might be excessive if applied literally because under current land uses policies any project exceeding 2.5 units per acre was considered high density. As a compromise, the Planning Board decided to apply the 300 foot spacing to projects with attached dwellings. There were no other changes or concerns expressed at the Planning Board meeting. The proposed revisions were presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 18 Section 52-8: Fire Hydrants The subdivider shall be responsible for providing adequate fire protection for the subdivision through the provision offire hydrants. The fire hydrants shall be constructed to specifications established by the County Fire Marshal based on NFP A standards. Hydrants shall be required as follows: (1) Subdivision with Central Water System For any major subdivision serviced by a central water system meeting State requirements (Section 2101 Title 10 - Chapter 1 OD- NCAC) for fire hydrants, the subdivider shall be required to install a fire hydrant at the entrance to the subdivision and additional hydrants equal either to the total linear feet of the roadway divided by 1000 or the total number oflots/units divided by 40, whichever is greater. These additional hydrants shall be spaced evenly through the subdivision in order to provide maximum fire protection coverage, as determined by the County Fire Marshal. In no case shall a lot/unit be located more than 500 feet from a hydrant. The spacing requirement for attached housing projects shall be 300 feet unless the Fire Marshal approves otherwise: (1) All hydrants shall have National Standard Fire Thread. (2) All hydrants shall open counter clockwise. (3) All hydrants shall be self-draining. (2) Subdivision with Surface Water Bodies For any major subdivision without an adequate central water system, but either including or adjacent to an adequate permanent surface water body, the subdivider shall be required to do one of the following: (1) Install a dry fire hydrant as close to the water source as possible with the adequacy of the water source, and the location of the dry fire hydrant is to be determined by the County Fire Marshal; or (2) Establish an easement or road to the water source providing permanent all-weather access that is adequate for firefighting equipment and vehicles as determined by the County Fire Marshal. Chairman Greer inquired as to whether anyone from the public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Commissioner Howell, the Board's representative on the Board of Fire Commissioners, reported that no opposition had been received from the proposed revisions to Section 52-8. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the revisions presented to Section 52-8 of the New Hanover County Subdivision Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 1. DESIGNATION OF VICE-CHAIRMAN CASTERAS THE VOTING DELEGATE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE Chairman Greer requested the Board to designate a Commissioner as the voting delegate for the Annual Conference of the North Carolina Association of County Commissioners to be held in Greensboro on August 14-17, 1997. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 19 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to designate Vice-Chairman Caster as the Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 9:05 P.M. until 9: 11 P.M. to hold a meeting of the New Hanover County Water and Sewer District. ADDITIONAL ITEMS - COUNTY MANAGER Adoption of Resolution to Waive Permitting Fees for Corning, Inc. Expansion in NorthChase Park of Commerce County Attorney Copley requested the Board to adopt a resolution to waive the permit fees, sewer impact fees, and expedite all phases of permitting under the County's authority for the Corning expanSIOn. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution granting the waiver of permit fees, sewer impact fees, and expediting all phases of permitting under the County's authority for construction of a research and development facility by Corning, Inc. in the NorthChase Park of Commerce. 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 XXIV, Page 1. Authorization for County Manager O'Neal to Participate in a FEMA Program to Develop a Curriculum for Mitigation and Recovery From Hurricanes County Manager O'Neal advised that he and the Director of Emergency Management, Dan Summers, had been requested by FEMA to spend a week in Emitsburg, Maryland, to assist with developing a curriculum for mitigation and recovery from hurricanes. The training will be held from September 22-26, 1997. He requested the Board to allow him to participate in the program. Consensus: It was the consensus of the Board to authorize the County Manager to participate in the program. Discussion of the W ASTEC Commission Vice-Chairman Caster commented on being a member of the W ASTEC Commission and stated he felt consideration should be given as to whether this Commission should continue to exist since meetings were not being held. He requested the County Manager to discuss this matter with the Director of Environmental Management to see ifhe feels the Commission should be dissolved. County Manager 0 'Neal reported he would be glad to discuss this matter with the Director of Environmental Management and report back to the Board. Discussion of Changing the Room Occupancy Tax Formula Vice-Chairman Caster reported the Port, Waterway, and Beach Commission has requested the Board to appoint a committee to determine if the Room Occupancy Tax formula should be changed. After a lengthy discussion on the issues involved with changing the formula and the need to know if funds are being well utilized, County Manager O'Neal recommended having the County Finance Officer to prepare an analysis of the revenues and expenditures of the Convention and Visitors Bureau as an agenda item for July 21, 1997. Consensus: It was the consensus of the Board to request the Finance Director to prepare an analysis of revenues and expenditures of the Convention and Visitors Bureau to be presented as an agenda item on July 21, 1997. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 20 Discussion of Performing an Assessment of New Hanover County Vice-Chairman Caster recommended performing an assessment ofN ew Hanover County to determine what the County is doing right or wrong, and what the County should or should not be doing. He commented on the increase in the property tax rate if the bond issues are approved by the voters and stated he felt that a complete assessment of County functions should be performed to review services to see if money can be saved through privatization, downsizing, or other methods of operation. Commissioner Birzenieks agreed and reported there were many firms located in New Hanover County that could perform an assessment of this type. Discussion was held on legislation that had been enacted to allow a county to have more control over the Health Department, Department of Social Services, and Mental Health Center. County Manager O'Neal advised that legislation was enacted several years ago to allow counties with a population over 450,000 to consider this concept. He advised that Mecklenburg County and Wake County had elected to use this option. Vice-Chairman Caster requested the County Manager to include this item in the County assessment. Consensus: After further discussion, it was the consensus of the Board to request the County Manager to develop options for performing a County assessment to be presented at the August 4, 1997, Board meeting. Status Report on the Wilmington/Hanby Beach Sewer Project Vice-Chairman Caster requested a brief status report on the WilmingtonlHanby Beach sewer project. Assistant County Manager, Dave Weaver, reported that Staff had prepared a draft contract to be forwarded to the Administrative Staff of Carolina Beach and Kure Beach within the next few weeks. He stated once an agreement was reached among the parties involved, the construction project would begin. Discussion of the Plaza East Branch Library Vice-Chairman Caster commented on receiving complaints about the crowded conditions of the Plaza East Branch Library, and stated he felt the Board should move forward with making a decision on where this branch library should be located. County Manager O'Neal stated that he had met with the Library Director and the group that had requested moving forward with constructing a branch library in that area. He advised another meeting was scheduled after his vacation, and a recommendation would be prepared for the Board to consider. Announcement of Judith Grizzel as President/CEO of the Convention and Visitors Bureau Commissioner Birzenieks reported that Ms. Judith Grizzel had been hired as the President/CEO of the Convention and Visitors Bureau. He advised that some complaints may be received about the selection process; however, he felt the best candidate had been selected to fill the position. Status Report on the Search for a New President/CEO of New Hanover Regional Medical Center Commissioner Birzenieks reported the Search Committee, chaired by Hospital Trustee Sylvia Rountree, had selected a consulting firm from Dallas, Texas to perform an assessment. He stated if a decision is made to recruit locally or internally, the cost will be $10,000; however, if a decision is made to recruit nationally, the consulting service will be $55,000. Commissioner Birzenieks stated, in his opinion, there are good local candidates and other qualified persons in North Carolina that can fill the position. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 7,1997 BOOK 26 PAGE 21 Discussion of Salaries Paid to Principals in the New Hanover County School System Commissioner Birzenieks reported that a principal had been hired from Florida to fill the vacant position at Hoggard High School at a starting salary of $78,000, which is approximately $22,000 more than the current principals receive at Laney High School and New Hanover County High School. He expressed concern for the difference in salaries and advised the County Manager has been requested to provide information regarding this issue. Chairman Greer agreed and expressed appreciation to Commissioner Birzenieks for bringing this matter to the attention of the Board. ADJOURNMENT Chairman Greer adjourned the meeting at 9:27 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board