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1997-06-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1023 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 2, 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 Deputy County Manager, Andrew 1. Atkinson, gave the invocation. Commissioner Howell 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. The following items were presented: Request for Support of Petition to Change North Carolina Involuntary Annexation Laws Mr. Jim Medlin, representing the New Hanover Communities Action Coalition, commented on the pending annexation bills in the N. C. House and N. C. Senate and reported the bills were in committee with no anticipated action at this time. He presented a petition to the Board and stated a statewide effort was being made by the Communities Action Coalition and Good Neighbors Association of North Carolina to repeal the present unjust North Carolina annexation laws that allow cities to annex property without a vote of the people. The North Carolina General Assembly will be requested to enact immediate legislation requiring that an area may be annexed only with a majority vote by citizens subject to annexation, which is to include annexations that have an effective date on or after May 1, 1997. Mr. Medlin announced a drive to obtain signatures would be held in New Hanover County on Saturday, June 7, 1997, from 9:00 AM. until 2:00 P.M. at the Castle Hayne Volunteer Fire Department, Wrightsboro Volunteer Fire Department, Ogden Volunteer Fire Department, Myrtle Grove Volunteer Fire Department, College Park Elementary School, the Atrium at the Military Cutoff and Eastwood Road intersection, and the Inland Greens/Cedar Ridge Clubhouse. He urged the Board to sign the petition and support the effort to change existing annexation laws. Postponement of Funding Request by MHI Hotels, Inc. for the Wilmington Hilton Park Project until June 16, 1997 County Manager O'Neal announced that Mr. Charles Carver had requested rescheduling this item until June 16, 1997, because several of the principals in the Hilton organization were not able to attend the meeting. Consensus: It was the consensus of the Board to postpone Item 2 on the Regular Agenda until June 16, 1997. Announcement of Procedure to be Used During the Public Hearing for the Recommended FY 1997-98 Budget Chairman Greer reported brief budget presentations would be made by the New Hanover County School System, Department of Social Services, Health Department, Sheriffs Department, Southeastern Center, and Cape Fear Community College. At 8:00 P.M. public comments will be received on the recommended FY 1997-98 Budget. He announced that a sign-up sheet was located at the bottom of the steps and stated a County employee would begin taking names at 7:30 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1024 APPROVAL OF CONSENT AGENDA Chairman Greer announced that Consent Agenda Item 4 had been withdrawn by the New Hanover County Health Department. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to withdraw Consent Agenda Item 4 as requested by the Health Department and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Joint Meeting with Hospital Study Committee Regular Meeting May 15, 1997 May 19, 1997 Adoption of Resolution for the Sale of Surplus Property Owned by the City of Wilmington and New Hanover County to Rugina D. Devane The Commissioners adopted a resolution for the sale of surplus property jointly owned by the City of Wilmington and New Hanover County to Rugina D. Devane, 309 South 16th Street, Wilmington N. C. The property is identified as follows: Parcel Number Address Amount Tax of Offer Value $750 $885 R0048-13-019-007.000 606 N. 8th Street A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII Page 40. Authorization for the Department of Aging to Apply for a Cape Fear Memorial Foundation Grant The Commissioners authorized the Department of Aging to file a grant application in the amount of $91,620 for a 3-year grant from the Cape Fear Memorial Foundation, and authorize acceptance of the grant if awarded, with approval of the related budget amendment. The funding will be used to establish a wellness program at five nutrition sites. A part-time nutritionist and exercise physiologist will oversee the program. If the grant funding is terminated, the program will be discontinued and the part-time positions will not be funded. Authorization for Cooperative Extension Service to File a Grant Application to the Cape Fear Memorial Foundation for Development of a 3- Year Nutrition and Educational Program The Commissioners authorized the Director of the Cooperative Extension Service to file a grant application in the amount of$246, 732 to the Cape Fear Memorial Foundation for development of a 3 -year nutrition and educational program for health care professionals, home-care providers and New Hanover County consumers. If the grant is awarded, the budget amendment is to be approved by the Board of County Commissioners. If the grant funding is terminated, the program will be discontinued and the positions will not be funded. Reduction in Assessed Value of Holy Trinity United Holiness Church, Parcel Number R04813- 28-001-000 The Commissioners approved a request to reduce the assessed value of the Holy Trinity United Holiness Church from $548,289 to $80,000 for 1997 due to the current condition of the church that existed on January 1, 1997. This action was recommended by the Tax Collector. Approval of Budget Amendment #97-37 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1025 97-37 Federal Forfeited Property Capital Project Debit Credit Federal Forfeited Property Capital Proiect Federal Forfeited Property $7,862 Capital Project Expense $7,862 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. PRESENTATION OF BUDGET REQUEST BY THE NEW HANOVER COUNTY SCHOOLS Mr. Oscar Graham, a member of the Board of Education and Chairman of the Finance Committee, reported the budget was comprised of the following items: (1) 1997 -98 Budget Theme: More, better, less and more innovative ways to obtain more goods and services providing better quality for less money. (2) Budget Agenda: (1) Budget Overview; (2) Budget Process and Focus; (3) Summary of County Requests; (4) Major Local Current Expense Additions; and (5) Capital Outlay. (3) Sources of Revenue: (1) New Hanover County and other local funds; (2) State Funds; and (3) Federal Funds. (4) Total Budget: (1) Expenditures by function; (2) Instruction; (3) Support; (4) Community Schools; (5) Non-programmed items; and (6) a total budget of over $107 million. (5) Budget Process: (1) Budget developed by the schools and department; (2) Non-salary items, current and new, were justified; (3) Position additions were justified; (4) each School Department made presentations to the Finance Committee; (5) recommendations of priorities were made by the Administration and finalized by the Finance Committee; and (6) the Board of Education approved the funding request. (6) Budget Focus: The budget goal was to improve the effectiveness of all programs by improving the quality output of every budget dollar. Approximately, $1.2 million was re- directed through the budget process to help fund essential additions. (7) Local Current Expense Budget Summary: The FY 1996-97 local budget was $28 million. Added programs not funded by the County totaled $238,000 . New items totaled $4.7 million. The total FY 1997-98 Budget Request is $31 million representing a 19.4% increase in County funding. (8) Local Current Maior Additions: Approximately $1 million will have to be appropriated for opening three new schools. This funding will be used for salaries, supplies, and items not funded by the State. (9) Salary Supplement increases total $1.2 million. (10) Funding for State Salary Schedule increases. (11) A 3% salary increase for non-certified and central office staff and a salary increase of8% for teachers and principals. A 20% salary increase for classified step increases on the pay plan in order to remain competitive and avoid a turnover of employees. A 38% supplement salary adjustment has been included in the budget. (12) Major Additions: (1) Funding in the amount of $685,000 for the Exceptional Children Program because of the increase in the number of children with severe disabilities; (2) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1026 Relocation of services in or closer to district schools; (3) Improvement in the program quality; (4) Increased cost of business; (5) Decrease in MEDICAID funding; (6) Major additions and maintenance will cost $999,000 to address deferred maintenance. (13) Capital Outlay: Category I - Repairs and Renovations Category II - Furniture and Equipment Category III - Vehicles $1,200,000 $1,800,000 $ 148,000 In closing, Mr. Graham stated the Finance Committee had thoroughly reviewed the proposed budget, and he requested the Superintendent of Schools, Dr. Dale Martin, to comment. Dr. Martin reported he had worked closely with the County Manager and Budget Director in preparing the budget request. The key issues that have required an increase in the FY 1997-98 School Budget are: (1) opening of three new schools, Codington, Eaton, and Holly Tree; (2) additional cost for the Exceptional Children's Program; (3) increase in salaries for teachers and other employees, and (4) accessibility to school buildings. Commissioner Birzenieks inquired as to whether salary surveys had been performed? Dr. Martin responded that salary surveys had been performed with larger school districts to be sure that salaries were competitive. Even though salaries are in line with districts of the County's size, it is difficult to recruit from Guilford County, Mecklenburg County, and Forsyth County because the pay in New Hanover County is less and housing has become costly. Commissioner Birzenieks asked how the New Hanover County School District would rank in salary ranges statewide after the proposed salary increases? Dr. Martin reported currently an experienced teacher in New Hanover County ranks 20th in the State, and teachers that have taught for only one to four years rank 65th in the State. He stated if the salary increases were approved, the School District would be more competitive. County Manager O'Neal complimented Dr. Martin on the format ofthe budget and stated this was the best document presented since he became County Manager eight years ago. PRESENTATION OF BUDGET REQUEST BY THE DEPARTMENT OF SOCIAL SERVICES (DSS) Mr. Wayne Morris, Director of the Department of Social Services, reported the department was comfortable with the County Manager's recommended FY 1997-98 Budget. He stated that AFDC had decreased for the fourth year; however, changes in Welfare Reform were still unknown, which could create additional expenditures. He expressed appreciation to the Board for funding the automated computer system and stated this system had already allowed the department to comply to the changes occurring in Welfare Reform. Discussion was held on the Welfare Reform bills being discussed in the General Assembly. Director Morris reported the Senate and House bills were completely different with no agreement reached. The Senate bill would provide block grants for administration, work programs, and day care with statewide eligibility criteria. The House bill would provide for one block grant with no statewide eligibility, which could result in 100 different welfare programs throughout North Carolina. Concern was expressed for the problems that would be created by the House bill. Chairman Greer stated, in his opinion, the House bill could result in some counties developing more unique and innovative ways to handle welfare reform. Chairman Greer, on behalf of the Board, expressed appreciation to Director Morris for an excellent job in controlling the budget for FY 1997-98. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1027 PRESENTATION OF BUDGET REQUEST BY THE HEALTH DEPARTMENT Mr. Keith Elmore, Chairman of the Board of Health, reported the County Manager's recommended budget was unanimously approved by the Board of Health. He expressed appreciation for support of the Health Department and its programs. Chairman Greer, on behalf of the Board, expressed appreciation to Mrs. Mary Dean, Chairperson of the Finance Committee for the modest increase. PRESENTATION OF BUDGET REQUEST BY THE SOUTHEASTERN CENTER Dr. Art Costantini, Director of the Southeastern Center, reported additional funding was needed to operate the Crisis Center. The budget request was for $237,000 to provide funding for operation of the Center in the evenings during the week. The County Manager's recommended budget was $131,000 short. This loss of revenue could jeopardize the fair shares paid by Pender and Brunswick counties. Without expanded hours of operation, the substance abuse clients will have to be carried to the hospital emergency rooms. He urged the Board to consider replacing the $131,000 in the FY 1997-98 Budget. Ms. Robyn Moore, Director ofthe Oaks Psychiatric Hospital, presented the following benefits of the Crisis Center: (1) The Crisis Center provides an appropriate environment for substance abusers. The clients are assessed and recommendations are provided for follow-up care. (2) The Crisis Center provides the appropriate level of care for persons in need of crisis intervention. (3) The Crisis Center offers an efficient system and clients are seen in a timely manner. Ms. Moore stressed the importance of providing proper and timely care to clients who have substance abuse problems, and she urged the Board of County Commissioners to approve the additional funding. Discussion was held on billings and the rate of collections at the Crisis Center. Dr. Costantini advised services at the Crisis Center were billed; however, a majority of the clients do not have medical insurance and cannot afford to pay the fees. He stated the collection rate has been approximately 24%. Further discussion was held on the current hours of operation. Dr. Costantini advised the Crisis Center opened on Friday afternoon at 4:00 P.M. and closed on Monday at 8:00 AM. Dr. Sylvia Polgar, representing the Alliance for the Mentally Ill, requested the Board to fund the expanded hours of the Crisis Center. She reported her son was mentally ill and stated sitting in an emergency room for two hours was not the appropriate treatment for her child or fair to persons waiting for medical assistance. In closing, Dr. Costantini reported that since the Crisis Center was opened in August, 1,900 hours had been saved for deputies who have to wait with substance abuse clients in the emergency room. The average processing time at the Crisis Center was one hour compared to five hours in the emergency room. Dr. Gregory Camp reported the Crisis Center should be operational seven days a week and manned with one full-time law enforcement officer to maintain custody and provide safety to the clients, staff, and public. He urged the Board to provide the necessary funding to properly staff the Crisis Center. Dr. Costantini noted that additional funding would pay salaries for a full-time deputy, psychologist, therapist and counselor. He stated these positions were desperately needed. Vice-Chairman Caster asked if security officers could be contracted? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1028 Dr. Costantini responded that a law enforcement officer had to be hired because the clients are placed in custody by the magistrate's office and must be carried by an officer to the Crisis Center. Commissioner Davis reported as a member of the Southeastern Center Area Board of Directors he would like to express appreciation to Dr. Costantini and the members of Staff for the hard work given to provide the services being rendered. PRESENTATION OF BUDGET FOR SHERIFF'S DEPARTMENT Sheriff McQueen reported he was satisfied with the County Manager's recommended budget; however, there were two positions that were not included in the budget, a court liaison officer and changing a part-time clerical position to a full-time position. He explained that a court liaison officer position would pay for itselfbecause of the hours that would be saved for deputies having to attend court cases. The full-time clerical position would assist with handling the increased workload and provide more efficiency to the Sheriff's Department. He requested the Board to consider funding these positions. County Manager O'Neal responded the positions were not included in the recommended budget; however, with the salary lag in the Sheriff's Department, it was felt the positions could be funded without an increase in the current budget. Sheriff McQueen requested the Board to allow the Sheriff's Department to absorb the two positions in the current budget. Consensus: It was the consensus of the Board to allow the Sheriff to include the two requested positions in the current budget. BREAK Chairman Greer called a break from 7:30 P.M. until 7:45 P.M. PRESENTATION OF BUDGET REQUEST BY CAPE FEAR COMMUNITY COLLEGE Dr. Eric McKeithan, President of Cape Fear Community College, advised the College was not requesting an increase in funding for FY 1997-98. He reported the College had leased two new facilities, one at the State Ports and one on the Carolina Beach Road to house new curricula. New programs will be started in masonry, auto body repair, interior design, pharmacy technology, architectural technology, speech and language pathology, and environmental science technology. Approximately 21,000 students were served during the past year with 100% passing the State and National Licensure exam with the Associate Degree Nursing Program, the License Practical Nursing Program, Dental Assistance Program and 99% passing on the basic law enforcement officer training program. In August, 1997 the former Carolina Power & Light Facility will come on line with the College being able to absorb the operating cost for the building. In November, the Workforce Training Center will be completed and operational the second half of the year with no additional increase in funding. In closing, Dr. McKeithan expressed appreciation to the County for funding and supporting Cape Fear Community College. Commissioner Birzenieks commented on attending the graduation ceremony at Cape Fear Community College and stated the event was most impressive. He expressed appreciation to Dr. McKeithan for the excellent quality of programs being administered by the Community College to students and adults living in southeastern North Carolina. PUBLIC HEARING ON RECOMMENDED FISCAL YEAR 1997-98 BUDGET FOR NEW HANOVER COUNTY Chairman Greer open the Public Hearing and requested all persons making comments to limit their remarks to three minutes. He opened the floor to receive public comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1029 Report from the Committee of 100 Mr. Rick Willetts, Vice-Chairman of the Committee of 100, expressed appreciation for past and current support of the Wilmington Industrial Development Committee. He announced that DEL Laboratories, Inc., a pharmaceutical and drug operation based in Farmingdale, New York, was locating in Pender County in the former Carver Yacht Company plant in Rocky Point. The company initially will employ 200 workers and expand its operation as it develops its distribution activities. In closing, Mr. Willetts reported the Wilmington Industrial Development Committee was proud to be a part of the economic growth occurring in southeastern North Carolina. He stated without funding support from New Hanover County recruitment efforts would not be possible. Funding Request for the Exceptional Children's Program in New Hanover County Schools Ms. Pat Wiegand, a concerned citizen, requested the Board to consider funding the Exceptional Children's Program in the New Hanover County schools. She reported at the end of the FY 1995-96 school year an exceptional classroom was disbanded due to a lack offunds. Every child was placed in an inappropriate classroom. One of those children was her son. She stated to see her son go from a happy, healthy class clown to a depressed and withdrawn child who refused to speak or participate in classroom activities was almost unbearable. Many of his acquired skills were lost, and he was not able to reach one goal for the entire school year. She urged the Board to replace funding in the School budget to provide this program to these forgotten children. Funding Request from the Meals on Wheels Council, Inc. Ms. Faye Jacobs, representing the Meals on Wheels Council, Inc., stated under the current program meals are provided Monday through Friday to the homebound elderly with no meals provided on weekends. The Board was requested to approve a funding request in the amount of $10,000 to allow the Meals on Wheels Council, Inc. to deliver meals on weekends to the frail and elderly population. Funding Request from the SENCland Alumni Ms. Patricia Gurgle, representing the SENCland Alumni, requested the Board to consider funding $38,000 to the Stepping Stone Manor to establish a family counseling program for substance abuse clients. Statistics reflect that in 1995 substance abuse in New Hanover County costs the citizens $108 million. From January 1995 to April 1997, there were 4,089 drug arrests and the County ranks 92nd in the State for child abuse and out-of-home placements. The Board was urged to fund this program to deter future expenditures for substance abuse. Funding Request From the 1898 Centennial Foundation Dr. Earl Sheridan, representing the 1898 Centennial Foundation, requested the Board to consider funding $30,000 for the 1 OOth Anniversary of the 1898 overthrow of the county government that resulted in violence which killed many black citizens, destroyed businesses and ran black citizens out-of-town. He emphasized the importance of holding a year-long remembrance ofthis event in the spirit of healing and reconciliation. The Board was requested to approve the funding request. Ms. Bertha Todd, representing the 1898 Centennial Foundation, reported that 1898 was history that could not be changed; however, this history must be remembered and put to rest. The community must overcome and forget the hurt, humiliation, pain and frustration that individuals experienced during this period. No one presently living is responsible for this event; however, the community has a profound responsibility for the future. Every citizen must accept ownership for the growth, development, and positive image needed to foster, enhance, and project a good image for southeastern North Carolina. Are we willing to move forward in harmony and goodwill, or are we destined to remember the past? As an educator for 45 years in Wilmington, she has witnessed positive and non-positive actions in New Hanover County. Each of us has the responsibility to plan, support, and participate in the programs and activities being planned for the upcoming 1898 Remembrance. She urged the Board to support the funding request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1030 Mr. Jack Manock, Chairman of the New Hanover County Human Relations Committee and Chairman of the 1898 Centennial Foundation Economic Fund Raising Committee, reported the Human Relations Commission had endorsed the effort of the 1898 Remembrance Committee. He urged the Board to approve the funding request. Funding Request From the Coastal Horizons Center Ms. Margaret Weller-Stargell, the Director of the Coastal Horizons Center, expressed appreciation to the Human Services Allocation Advisory Committee for recommending full funding of the programs. She reported that Ms. Bea Schomp and Ms. Jamie Bilodeau would like to comment on the services being rendered to the community. Ms. Bea Schomp, Program Coordinator for the Rape Crisis Center, reported 180 children received shelter last year because of funding provided by New Hanover County. She expressed appreciation to the Board for the past and current support of the programs. Ms. Janine Bilodeau, Program Supervisor of the Rape Crisis Center, expressed appreciation to the Board for support of the center and its clients. The purpose of the center is to provide 24-hour crisis response to persons who have survived the devastating crime of sexual assault. The center provided service to 351 new clients last year. She expressed appreciation to the Board for continued support of this agency. Funding Request from the United Cerebral Palsy Developmental Center Ms. Nancy Cates, Executive Director of the United Cerebral Palsy (UCP) Developmental Center, expressed appreciation to the Board for 10 years of funding support. She noted that funding had not been recommended in the FY 1997-98 Budget by the Human Services Allocation Advisory Committee, and she urged the Board to approve the funding request submitted in the amount of $8,500. Funding Request from Family Services of the Lower Cape Fear Big Buddy Program Mr. Sid Bradsher, representing the Family Services of the Lower Cape Fear, expressed appreciation to the Board for support of the after school enrichment programs that serve over 400 children a year. He stated a funding request in the amount of $15,000 was submitted for the Big Buddy Program; however, only $12,500 had been recommended. He requested the Board to fund the additional $2,500 in order for the program to continue to operate. Comments from the Dispute Settlement Center of the Cape Fear Ms. Kirsten Atkinson, Executive Director of the Dispute Settlement Center, expressed appreciation to the Board for the funding allocated to the Center and stated many citizens of the county had benefitted from the services being rendered. Funding Request from Elderhaus Ms. Linda Pearce, Executive Director ofElderhaus, expressed appreciation for the support given to Elderhaus. She reported the County Manager had reduced the original budget request by $5,963. She stated the funding eliminated would pay for 55 days in a nursing home in comparison to 221 days for one person to attend Elderhaus and avoid being institutionalized. She urged the Board to replace the $5,963 removed from the original budget request. Funding Request from Cape Fear Resource Conservation and Development (RC&D) Mr. Craig Walker, representing the Cape Fear RC&D, reported this agency was sponsored by the U. S. Department of Agriculture with a local agenda and board of directors. The agency is involved with community development for administration of water management and water quality issues. Grants have been received for projects in the amount of $645,000 for the past three years. The basic operating expenses are covered by four counties with each county being requested to contribute $1,325. He stated that Pender, Brunswick, and Columbus counties had approved the total funding requests; however, the funding recommended for New Hanover County was $1,000. He urged the Board to fund the entire budget request of$I,325. Funding Request from the New Hanover County Library Advisory Board Mr. Fred Lapatino, Chairman of the New Hanover County Library Advisory Board, reported NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1031 the 1997 Long-Range Planning Committee had been appointed by the Library Advisory Board to review statistics on current and anticipated needs of library services in several areas of the county. After a complete review of the needs, the Committee unanimously decided that first priority should be given to construction of a branch library on Military Cutoff Road. He advised the lease for office space at Plaza East was due to expire in December 1998; therefore, it would appropriate for funding to be included in the FY 1997-98 Budget for the architectural and design phase of a Military Cutoff Road branch library. He requested the Board to replace the $30,000 in the FY 1997-98 Budget. Funding Request from the Northeast Library Action Committee Mr. Larry Fried, representing the Northeast Library Action Committee, reported the Committee was willing to be an effective adjutant to both New Hanover County and members of the Library Planning Staff. The group desires to have an active role in planning and raising funds to move forward with the project because the Plaza East Branch Library can no longer provide adequate service to the residents of the area. The Committee recognizes that library service is a County function and that resources are limited. In 1990, the County purchased the Military Cutoff Road property for construction of the northeast branch library. In 1993, the County established a temporary facility at Plaza East with the lease to expire December 1998. He requested the Board to replace the $30,000 in the FY 1997-98 Budget to plan for construction of the branch library. In closing, Mr. Fried informed the Board that the Northeast Library Action Committee initiated dialogue with the Hannaford Company for potential use of the Wilson building as an alternative. The Committee will continue the dialogue and raise funding to use this site. He requested the Board to consider endorsing the actions of the Northeast Library Action Committee. Report from the Domestic Violence Shelter and Services Ms. Debbie Johnston, President of the Domestic Violence Shelter and Services Board, expressed appreciation to the Board for continued funding of the agency and for recognizing the need to shelter and support abused women in the community. Funding Request for Crisis Center at the Southeastern Mental Health Center Dr. Thomas Mathew, Medical Director of the Crisis Center, reported the Center serves a number of substance abusers who are in desperate need of service when coming to the facility. The Center is cheap, safe, and effective with a board certified psychiatrists on duty. Statistics reflect that every $1.00 spent on substance abuse saves $7.00 in other areas. He urged the Board to provide funding to operate the Crisis Center 7 days a week, 24 hours per day recognizing that money will be saved. Funding Request for Child Advocacy Commission Ms. Patricia Keane, Executive Director of the Child Advocacy Commission, reported on the various programs offered by the Commission which are not provided by other agencies. The Commission helps parents to find child care providers and performs criminal background checks on the providers. Free car seats are given to families, homes are provided with smoke detectors, and juvenile crime deterrent programs are offered. Ms. Keane reported the Human Services Allocation Advisory Committee had recommended only $10,000. She urged the Board to consider the original funding request in the amount of$30,000 so the Commission could meet general operating expenses and required local matches. Funding Request for Broadcasting Meetings of the New Hanover County Board of Commissioners Mr. Curtis Wright, representing Concerned Citizens of the Middle Sound/Ogden Area, reported several months ago, a group was formed to promote broadcasting meetings of elected officials to better educate the public. The group involved the Office of the UNCW Chancellor and worked with the Assistant to the County Manager, Pat Melvin, to develop options for broadcasting meetings. He requested the Board to select one of the options and move forward with broadcasting meetings in FY 1997-98. He stated the members of the group were willing to go into the community and raise money to implement the broadcasting program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1032 Funding Request for the Community Penalties Program Ms. Dixie Palmer, Executive Director of the Community Penalties Program, explained this program was established to reduce prison overcrowding. The program offers an alternative to sentencing. During the past year, the judges have become receptive of the program and a significant amount of money has been saved to the taxpayers. She urged the Board to approve the funding request in the amount of$II,500 instead of the recommended $8,500. In closing, Mr. Dickson Baldridge, a member of the Community Penalties Board, reported that Pender County had approved funding for the program. He urged the Board to fully fund the Community Penalties Program. Funding Request for Crisis Center Mr. Doug Vaughan expressed appreciation for support of the Southeastern Mental Health Center and reported his 31-year-old son suffered from schizophrenia. He commented on a episode when his son quit taking his medication and was placed in jail. After receiving assistance from Sheriff McQueen, the Judge signed a release for his son to be admitted to The Oaks as an indigent patient. He stated he did not know the costs involved to the County for his son to spend a night in jail and a few days in The Oaks, but he felt a great deal of money could have been saved ifhis son could have been carried to the Crisis Center. Mr. Vaughan urged the Board to appropriate the necessary funding in the FY 1997-98 Budget to allow the Crisis Center to remain open seven days a week, 24 hours a day to provide appropriate treatment to the mentally ill who are long overdue for services that have not been rendered. Mr. Marvin Lee Granger commented on the excellent services rendered by the Crisis Center and he urged the Board to fully fund this center to save lives and money to the taxpayers. He noted this was the only Center that properly treated substance abuse patients when going through a crisis. Funding Request from Friends of Public Radio Mr. Frank Funk, President of the Friends of Public Radio Board of Directors, expressed appreciation to the Board for past and present support ofWHQR. He stated the station improves the quality oflife in New Hanover County and is a vital part of the community. After hearing no further comments, Chairman Greer closed the Public Hearing. BREAK Chairman Greer called a break from 8:45 P.M. until 9:00 P.M PUBLIC HEARING TO CONSIDER A REQUEST BY THE FIGURE EIGHT ISLAND HOMEOWNERS ASSOCIATION AND PORTERS NECK QUALITY OF LIFE ASSOCIA TION FOR AN AMENDMENT TO THE PERSONAL WATERCRAFT ORDINANCE TO INCLUDE THE MARSH AREAS AND TRIBUTARY CREEKS WEST OF FIGURE EIGHT ISLAND Chairman Greer requested the various groups present to select a spokesperson so equal time could be given to persons in favor of or opposed to the proposed amendment to the Personal Watercraft Ordinance. Chairman Greer opened the Public Hearing. Dr. Howard Rockness, a resident of 8424 Bald Eagle Lane, spoke in favor of the proposed amendment to the Personal Watercraft Ordinance. He stated that he represented the Figure Island Homeowners Association and Porters Neck Quality of Life Association and implied the existing Personal Watercraft Ordinance was an appropriate resolution for all water users in the areas to which its applies. He presented the following reasons for expanding the Personal Watercraft Ordinance to include the marshes west of Figure Eight Island. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1033 1. Some people have stated that amending the PWC Ordinance to include the marshes west of Figure Eight Island unfairly precludes personal watercraft from the marshes. The proposed amendment will not exclude personal watercraft from the marshes. The amendment will restrict the headway speed of the personal watercraft to five mph in narrow winding creeks which create a serious safety hazard because of restricted visibility. 2. The current PWC Ordinance will increase the density of personal watercraft users in the Figure Eight Island and Porters Neck area. 3. Personal watercraft are often purchased by individuals making their first entry into boating. As a result, large numbers of young and inexperienced operators would crowd the northern marshes with high speed usage that will invite disaster. 4. Kayaks and other smaller craft are frequent users of the winding creeks in the marshes. Large numbers of high speed personal watercraft operating in the same winding creeks will lead to serious accidents in the short-run and preclude use of the marshes by other small craft in the long-run. 5. The marshes west of Figure Eight Island are unusually pristine. The marshes are highly susceptible to permanent destruction by wave action. Allowing high speed operation and shifting usage north of the areas in the current ordinance will hasten the destruction of these marshlands. Dr. Rockness requested the Board to extend the ordinance to the northern marshes of New Hanover County for the protection and benefits to all county residents. Mr. Scott Donovan, representing a minimum of 496 personal watercraft users in New Hanover County, reported due to the request by the Figure Eight Island Homeowners Association to further restrict personal watercraft riding areas, an amendment has been prepared to ensure safe personal watercraft use in lieu of pushing these crafts into already overcrowded areas. He requested the Board to open the marshland areas in New Hanover County to personal watercraft for a period of two hours before and after high tide. This amendment would provide the authority necessary to correct abusers and at the same time allow responsible personal watercraft users to enjoy quality living in coastal North Carolina. A personal watercraft user group has been formed to educate local and out-of-town personal watercraft users about the ordinance as well as provide safe and responsible operation of the watercraft in New Hanover County. Mr. Donovan presented petitions signed by 496 personal watercraft users to the Chairman of the Board. Mr. Scott Britt, owner of Britt Motorsports, recommended the proposed amendment as a reasonable solution to all parties involved. He advised the personal watercraft user group would be willing to patrol the areas and find abusers so the amended ordinance could be enforced. Commissioner Birzenieks requested Dr. Rockness to comment on the proposed amendment presented by Mr. Donovan. Dr. Rockness reported he was concerned about the operation of any craft at a high speed close to the shoreline. He felt the current ordinance was reasonable and did not unduly restrict personal watercraft. Also, he did not feel that safety would be properly addressed under the proposed amendment. Chairman Greer stated the amendment proposed by Mr. Donovan should be more environmentally sensitive because personal watercraft could be used only four hours during daylight hours. Dr. Rockness explained from an environmental standpoint operation of this watercraft at any point above half-tide would be a step in the right direction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1034 Vice-Chairman Caster asked Mr. Britt how he felt about the proposed amendment presented by Dr. Rockness? Mr. Britt responded the amendment would place large numbers of personal watercraft in already overcrowded areas. Commissioner Howell expressed concern about limiting personal watercraft to one area. He recommended deferring action until the amendment proposed by Mr. Donovan could be reviewed. County Attorney Copley advised that a draft ordinance could be prepared to reflect the amendment presented by the personal watercraft users and placed on the agenda for June 16, 1997. Commissioner Davis expressed grave concern about being able to enforce an ordinance based upon two hours before or after high tide because of the difference in time that high tide occurs along the beaches and in the waterways. After further discussion, the Board requested Dr. Rockness, Mr. Scott Britt, Ms. Arland Whiteside, and a Deputy from the Sheriff's Department to meet and review the proposed amendment presented by Mr. Donovon to see if the amendment can address issues of concern by both sides. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to table this issue until the June 16, 1997 in order for the amendment to be reviewed by the interested parties. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Chairman Greer Voting Nay: Commissioner Davis County Attorney Copley reminded the Board that the current ordinance would remain in effect as adopted on May 19, 1997. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN ELMORE AND OTHERS TO REZONE 5.19 ACRES ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE ACROSS THE STREET FROM MACCUMBER TERRACE SUBDIVISION TO CONDITIONAL USE B-1 BUSINESS FOR GENERAL RETAIL, A RESTAURANT AND OFFICES FROM R-15 RESIDENTIAL (APPEALED CASE, CONTINUED Z-580, 1/97) Chairman Greer opened the Public Hearing and announced that conditional use zoning requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Curtis Wright Walter Stein Corneille Sineath Bill Hess Tony Harris Dr. Penn Paul Boney Howard Capps Hank Boyd John Elmore J erre1 Freeman Howard Garris NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1035 Planning Director, Dexter Hayes, reported the case was initially considered by the Planning Board on January 2, 1997. Due to concerns about the range of retail uses planned for the center and the traffic generated by those uses, the Planning Board voted to table the matter until its February meeting. In the interim, the applicant was instructed to meet with the concerned citizens to discuss the issues before the next meeting. At the February meeting, the Planning Board voted to deny the request due to continuing concerns about traffic safety and congestion, land use compatibility, and compliance with the Land Use Plan Policies. The original petition was revised at the February meeting by including an adjacent property (formerly the Mitchell property). The revision was accepted by the Planning Board and the County Attorney later determined the case should be reheard because the revision did not include an application signed by all owners of record. The case was appealed to the Board of County Commissioners and was sent back to the Planning Board because of concern about the additional property being added to the initial request. Upon rehearing the case in April, the Planning Board debated the same concerns. These included traffic congestion, land use compatibility, consistency with the Land Use Plan, spot zoning, drainage, and environmental impacts. In an effort to compromise, the applicant offered to revise the site plan to include an even mix composed of 50% retail use, 50% office use, and elimination of the restaurant use. Despite those concessions, the Planning Board voted to deny the conditional use petition. The vote was four (4) to three (3). After additional discussion, it became apparent that several members of the Planning Board felt the subject property was not suitable for residential use and that other options should be considered. It was recommended that Office and Institution would be an ideal land use transition in this area contingent upon a more compatible mix ofland uses. The Planning Board voted five (5) to two (2) to deny the conditional use zoning with a recommendation for an open Office and Institution rezoning. Planning Director Hayes reported there were conditions recommended by the Planning Board, and he asked if the Board would like for the conditions to be entered into the record. Chairman Greer recommended waiting until the Board decides if a conditional use zoning should be approved. Mr. John Elmore, a resident of 1401 Airlie Road, reported he was one of the owners of the property and stated the other owners, Lionel Yow and Gene Miller, were present to answer any questions. He stated the property owners were natives of Wilmington with homes and offices in close proximity to the proposed property. He referenced the quality projects developed by the owners such as Porters Neck, Ashton on Racine Drive, Masonboro Forest, Lumina Station, and PPD. Mr. Elmore reported the project being proposed would be a combination of offices and bouquet shops. A southern type of architecture would be used with heavy landscaping and a premium placed on saving large trees. The project has the support of all contiguous neighbors on the project's side ofWrightsville Avenue/Highway 74-76. The vestry ofSt. Andrews Episcopal Church on the Sound has supported the project, and Tony Carter and Thelma Mack, the two adjacent property owners are in favor of the project. Mr. Elmore advised there is opposition to the project from residents of Mac Cumber Terrace and Airlie Road. It is difficult to understand why the Airlie Road residents are opposed to the project because the property owners will only benefit from the development. The strip ofland along Airlie Road will remain zoned R-15 Residential with only one driveway serving Mr. Carter's residence and another dwelling. Also, there will be a 300 foot landscaped buffer which will clean up the area. The residents of Mac Cumber Terrace are opposed to the project because of increased traffic. Any type of new development will increase traffic; however, at the beginning of the project, a meeting was held with the residents of MacCumber Terrace to try to mitigate traffic concerns. Originally, it was suggested to place the entrance directly across from MacCumber Terrace with the hopes of having a traffic signal installed at this point; however, this was not possible. He reported that MacCumber Terrace does have a problem with access to the subdivision because one of the two exits approved with the original subdivision plan has a fence across the road which prohibits access to Allen's Lane onto Oleander Drive. Placement of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1036 fence at this exit was a decision made by the residents of Mac Cumber Terrace. He advised the N. C. Department of Transportation has reviewed the project and notification has been received that access requirements have been met. The road has the required carrying capacity to handle the additional traffic. In the fall, the Department of Transportation will construct a new intersection where Wrightsville Avenue and Eastwood Road meet to relieve some of the traffic on Wrightsville Avenue. Mr. Elmore reported the other concern expressed by residents of MacCumber Terrace was about stormwater runoff. When MacCumber Terrace was developed, there was no stormwater plan. When the road was widened, the Department of Transportation did not have a stormwater plan. Consequently, stormwater runoff is being dumped onto the property being rezoned. The engineers planning the project feel confident that stormwater runoff can be handled from the proposed project and adjacent properties. Drainage will be a part of the permitting process regardless of the type of development, whether single-family dwellings or office and institution uses. Single-family housing creates more difficulty with control of stormwater runoffbecause many property owners do not clean out ditches and/or construct walls or fences across swales that cause the water to back up into one location. Under one ownership of the property, the stormwater runoff system will be properly maintained. Mr. Elmore stated that concern had been expressed about devaluation of properties in adjacent areas. He presented letters from Mr. Bob Glenn, an appraiser, and Mr. Jim Wallace, a real estate agent with Intracoastal Realty, who stated that adjacent properties will increase in value. In closing, Mr. Elmore stated the Wrightsville Avenue corridor from Oleander Drive to Wrightsville Beach was almost totally developed in either high density, residential, or commercial development. The traffic problem will not be resolved by not rezoning the remaining properties along the Wrightsville Avenue corridor. As long as development continues in New Hanover County and Wrightsville Beach, traffic will continue to increase on this road. Commissioner Davis asked Mr. Elmore if he was requesting the rezoning as originally petitioned, which was Conditional Use B-1 or Office and Institution as recommended by the Planning Board? Mr. Elmore responded Conditional Use B-1, as originally petitioned. Commissioner Davis asked Mr. Elmore how he felt about the Office and Institution rezoning recommended by the Planning Board? Mr. Elmore responded that Office and Institution would be better than allowing the property to remain residentially zoned. The Conditional Use B-1 rezoning would provide for a better use of the property because Office and Institution would change the configuration of the plan. The project would have to be re-designed. It is difficult to understand why the Planning Board was opposed to the rezoning when seeing the commercial development along Wrightsville Avenue. The project is quality development and should be given serious consideration. Commissioner Howell requested Mr. Elmore to explain the road improvements to be constructed by the Department of Transportation. Mr. Elmore responded the Department of Transportation will four-lane Eastwood Road to the Wrightsville Beach bridge. Once the paving project is completed, Wrightsville Avenue will T- intersect into Eastwood Road in lieu of merging into Eastwood Road. This means that more people will travel Eastwood Road when going to Wrightsville Beach. Commissioner Howell commented on the site plan and stated many ofthe areas were buffered and not used. He asked Mr. Elmore why the plan was prepared in that manner? Mr. Elmore responded the plan was a compromise to create an environment similar to the one at Lumina Station. The areas with poor soils that were good for stormwater filtration were NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1037 saved. Also, the plan was designed to create a good environment for St. Andrews Episcopal Church on the Sound and Airlie Gardens. Commissioner Howell asked if the landscaping and buffer areas would be required under Office and Institution zoning? Mr. Elmore responded the buffering areas would not be required. He stated, in his opinion, the Conditional Use B-1 zoning would provide the Board of County Commissioners more control over the project. Commissioner Howell asked Mr. Elmore if residential development had been considered? Mr. Elmore responded that residential development was considered; however, the project would be strip residential development along Airlie Road. There would be one entrance road with lots on both sides and a 660 foot wooden fence that would run from the church property on Wrightsville Avenue to Ms. Thelma Mack's property to serve as a buffer to traffic on this portion of Wrightsville Avenue. Commissioner Howell asked if any trees and wetlands would have to be preserved with residential development? Mr. Elmore responded the project would have to go through the normal process. The wetlands would be protected, but as the lots are sold, the owners would decide on the number of trees to be removed. Commissioner Howell commented on the peak hours of traffic and asked if Office and Institution development would be less during peak hours than residential development? Mr. Elmore responded the traffic would be less at peak hours because most of the shops would not open until 10:00 AM. Mr. Howard Capps, a landscape architect, presented slides showing the surrounding areas. To the west of the site is the St. Andrews Episcopal Church on the Sound and to the east of the site is a small residential property directly adjacent to the Galleria Mall. Directly across Wrightsville Avenue to the north is MacCumber Terrace and to the south is Airlie Gardens on Airlie Road. Currently, Mr. Elmore does have approval for a single-family residential development which would access off Airlie Road with 12 homes fronting Wrightsville Avenue. There would be no access to Wrightsville Avenue, but a long fence would run along Wrightsville Avenue to buffer the homes fronting the road. Under the proposed rezoning, the site will be developed with both office and retail uses. To the left of the site is a mixture of uses, both commercial and office. When designing a plan for a commercial mixed use development, it was possible to protect the 404 designated wetlands on the western side of the property by constructing an entrance drive with a bridge crossing the wetlands. To the east of the property, there will be a cluster of mixed commercial uses with parking along Wrightsville Avenue. The buffer ranges from 38 feet to 53 feet along the back of the property. The development will continue up along the eastern edge of the property with a cluster of mixed uses and continue to the south of the property. The back of the property will remain residentially zoned to serve as a buffer between the mixed use development, Wrightsville Avenue and Airlie Road. There will be no commercial access to Airlie Road or requests for rezoning. The area near the pond will remain residentially zoned. An access road will be placed through the site to Airlie Road to serve a residential property to the east of the site. Currently, this property is served by an access off Wrightsville Avenue. Mr. Paul Boney, an architect, reported the project will have sloping metal roofs with columns to maintain a residential character. The two-story structure will be placed on the back of the site to keep the scale of the buildings in front as one-story structures. A blend of wooden materials will be used with landscaping that will be in character with the development. A low level oflighting will be used to avoid any disturbance to adjacent neighbors. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1038 Mr. Capps presented slides showing the site in relation to Wrightsville Avenue. There will be two points of access that have been kept away from MacCumber Terrace. The road is in place to carry the traffic with the necessary turning movements to get in and out of the proposed development. One concern expressed by residents of Mac Cumber Terrace was turning movements and the impact on MacCumber Terrace. It was agreed to have a right turn only lane at the eastern entrance of the property. Another concern was the conflict between the proposed development and MacCumber Terrace's access to their neighborhood. When performing an inventory of the area, it was found that MacCumber Terrace had chosen to close off one access point at the back of the property, which creates only one access point to the community. If this access point was opened, there would be an access to an existing public right-of-way that would go to Wrightsville Avenue at the Galleria Mall or to Military Cutoff Road. Another issue of concern was drainage. As indicated by Mr. Elmore earlier, when MacCumber Terrace was developed, there were no requirements for drainage; therefore, stormwater runoff crosses the road to the proposed site, which will be addressed in the site plan. In closing, Mr. Capps stated the proposed site plan would be an attractive use for the site with the church on the corner of the western side and extensive commercial development on the east side. This project will be an upscale development. At the Planning Board meeting in January, the Planning Board asked Mr. Elmore to consider restricting the uses permitted in a B-1 zoning. Mr. Elmore concurred with the request and restricted the uses with this information forwarded to the Traffic Engineer in Raleigh. After a review by the Traffic Engineer, a suggestion was made to eliminate four or five more uses to address traffic concerns. Mr. Elmore has reduced the permitted uses in a B-1 District from 53 to 21 uses. Commissioner Birzenieks asked why the access point at MacCumber Terrace was closed? Mr. Capps responded because of concern for cut-through traffic. Chairman Greer requested the Planning Director to conclude his summary of the revised site plan. Planning Director Hayes reported the applicants have requested rezoning 5.19 acres to Conditional Use Business and Office from R-15 Residential. The site plan calls for the construction of three buildings totaling 45,237 square feet. Building One (9,161 square feet) and Building Two (12,000 square feet) would be used for general retail purposes and offices. Building Three (24,076 square feet) would contain a second floor and be would be used for retail, restaurant, and offices. This building would be a maximum of28 feet in height. The applicants have stated that every effort will be made to preserve as much of the site's existing vegetation to ensure adjoining residential uses as well as the neighboring Episcopal Church are afforded maximum visual protection. Additionally, there will be only minimal disturbance of 404 wetlands on the site, with four tenths of an acre filled to provide a road crossing at the western most entrance. There is a total of 1.4 acres of 404 designated wetlands located on the property. The proposed side and rear yard setbacks meet the County's requirements. Buffer yards also comply with local regulations. Completion of all planned improvements will make the site approximately 43.5% impervious. Also, off-street parking will be provided at the required ratios. The total number of parking spaces planned is 124 with 6 spaces designated for handicap use. To accommodate access to the property, the site plans calls for the construction of two deceleration lanes 100 feet in length with 180 foot tapers for right turns into the project. The Planning Board suggested a right turn only at the eastern entrance to avoid traffic movements. Planning Director Hayes advised if the Board decides to approve the Conditional District (B- 1) zoning, the following findings will have to be determined: 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) Public water and sewer are available to the site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1039 (2) The site has access to a public street (Wrightsville Avenue). (3) The site is located in the Seagate Volunteer Fire Department District. (4) The applicant plans to make road improvements along Wrightsville Avenue to make it easier to enter and exit the site without impeding traffic flow along the corridor. 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 requirements of the Zoning Ordinance has been submitted. (2) Off-street parking is provided per the required ratios for office, restaurant and retail uses. (3) Setbacks and buffer yards have been established pursuant to local requirements. (4) No data was provided for signs. 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) Several houses and a church are located on the adjacent property. An 86-unit subdivision known as MacCumber Terrace is located across the street. (2) The property has direct road frontage along Wrightsville Avenue, a heavily traveled road. 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) Development on adjacent properties consists of residential uses, a church, commercial uses, offices, and related uses can be found in the general area. The most prominent of those is the Galleria Mall, located just east of the subject property. Commissioner Davis asked why the three members of the Planning Board voted against the original conditional use request? Planning Director Hayes reported concerns were expressed about the amount of commercial development in the area, traffic, drainage, and the mixed uses of Office and Institution zoning, particularly whether or not a restaurant would be allowed. The Board of County Commissioners can manage the amount of retail commercial activity beyond what was requested by the applicant. The two members felt that office uses would be less of an impact to surrounding neighborhoods. Commissioner Davis asked if the property could be rezoned for conditional business use when the property is classified resource protection? Planning Director Hayes responded it was a resource protection area and explained this classification dictates density control in terms of residential development. In non-residential or commercial development, the development must be performed in an environmentally sensitive manner, such as preserving wetlands and addressing drainage to mitigate the impacts on the environment. Commercial activities are allowed in resource protection areas. Commissioner Howell asked ifMacCumber Terrace was R-I0 high density development? Planning Director Hayes responded that MacCumber Terrace was approved before the area was classified resource protection which allowed the higher density development. Also, Lions Gate was developed before high density development was restricted. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1040 Commissioner Davis asked if the recommended Office and Institution use would be a better use than the Conditional Use (B-1) requested by Mr. Elmore? Planning Director Hayes responded the traffic patterns will be substantially different under Conditional Use (B-1) because there will be a mix of office and retail uses plus a restaurant. Under Office and Institution, professional offices are permitted with no retail activities. Also, under Office and Institution, the applicants would not be obligated to follow the site plan submitted for the Conditional Use (B-1) zoning. Chairman Greer emphasized the importance of understanding that if the Commissioners approve Conditional Use (B-1), the Board would be able to regulate the amount of commercial uses; however, if the property is rezoned Office and Institution, the Commissioners would not have any control over the uses. Planning Director Hayes advised that under conditional use, the Commissioners could limit the commercial use to 25%, 35%, 50%, etc. Chairman Greer opened the floor to receive comments on the proposed rezoning. Mr. Walter Stein read the following petition submitted by the residents of the MacCumber Terrace Homeowners Association: We, the undersigned residents of MacCumber Terrace, petition the New Hanover County Planning Board and the New Hanover County Board of Commissioners to disallow the request of Mr. Howard Capps for Mr. John Elmore and others to rezone property on the southeast side ofWrightsville Avenue across the street from MacCumber Terrace from R-15 Residential to Conditional Use Business CD(B-l) for general retail stores and offices, including a restaurant. The rezoning request should not be approved for the following reasons: 1. There are 95 families living at MacCumber Terrace whose only exit/entrance is via Wrightsville Avenue, directly across the street from the proposed shopping center. The majority of the MacCumber Terrace residents are older retirees. Even under existing conditions, exiting onto Wrightsville Avenue can be rather intimidating due to the volume and patterns of traffic. 2. Heavy traffic from Oleander Drive and Military Cutoff Road merges on Wrightsville Avenue only a few hundred feet from the entrance to MacCumber Terrace and the proposed shopping center. Other heavy traffic at this intersection is generated by Eastwood Road, Landfall, and Wrightsville Beach. Wrightsville Avenue is a main route to Wrightsville Beach. 3. Wrightsville Avenue is a two-lane road with an approximate 100 yard, yellow-lined merge lane for MacCumber Terrace residents exiting left onto Wrightsville Avenue. Many residents do not use this lane because it is difficult to see when the way is clear of cars approaching in either direction. The use of this lane would be further compromised by westbound Wrightsville Avenue traffic using this merge lane for left turns into the proposed shopping center. 4. Many people traveling on Wrightsville Avenue use the MacCumber Terrace entrance for a U-turn, which is extremely dangerous for residents exiting from MacCumber Terrace. 5. Another shopping center is not needed. There are six shopping centers within a one- half mile radius of the proposed shopping center development. 6. We strenuously object to the "spot" or "strip" zoning on Eastwood Road, Military Cutoff Road, and many other locations in the county. This is not in the best interest NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1041 of the adversely affected citizens, only the developer, and is a direct conflict with 3.3 (3) of the New Hanover County Land Use Plan. As taxpayers, we are entitled to protection against improper application of the Land Use Plan guidelines. 7. There are four special highway overlay districts in New Hanover County. Two of these districts are on Eastwood Road and Military Cutoff Road. As one examines these areas, it is obvious that the purpose of these districts has not been adhered to in some cases. A history of haphazard zoning exists throughout the county, as well as random bending of the rules. The County's disregard of its own policies has made our area and other areas overdeveloped and over commercialized. 8. The drawbridge over the Intracoastal Waterway is a comparatively short distance from the entrance to MacCumber Terrace. When the bridge is open, particularly during the tourist season, traffic, at times, is backed up beyond MacCumber Terrace, blocking the entry and exit. This is also true when traffic lights are not functioning properly, or when there is an accident at the new intersection. The traffic generated by the proposed shopping center will add to the existing congestion and further delay the response time of 911 and fire calls. 9. The property in question is zoned for residential development and should remain as such. A great deal of property in the County originally zoned residential is no longer residential or the remaining parcels are surrounded by commercial enterprises due to rampant rezoning. Enough is enough! 10. Drainage is very poor at MacCumber Terrace. Heavy rains result in flooded streets. This condition will worsen with a commercial development across the street. 11. The N. C. Department of Transportation has just completed the new connections of Wrightsville Avenue and Military Cutoff Road, making a vast improvement in the traffic flow. If this rezoning request is allowed, the benefits received from this new intersection will be negated. Don't forget, it took twenty years to get Smith Creek Parkway started in order to relieve the congestion in that area. We don't need another dangerous bottleneck that will endanger lives and perhaps take another twenty years to correct. 12. A commercial development directly across the street from the entrance to MacCumber Terrace will, in all probability, result in a decline in the property value of the ninety-five homesteads. The homeowners purchased property on the assumption that the area in question would remain residential. Mr. Stein reported the application made by Mr. Elmore and Mr. Capps will materially endanger the public safety if the rezoning request is approved. Traffic conditions are intolerable and becoming more dangerous everyday. Wrightsville Avenue from Oleander Drive to the Military Cutoff Road intersection is a limited 2-lane highway to the beach. The proposed project will injure the value of adjacent property and is not a public necessity. The location and character of this project is in conflict with the existing residential surroundings. The road improvements will not change the dangerous traffic conditions that will exist with the introduction of two more commercial entrances in this area ofWrightsville Avenue. In closing, Mr. Stein requested the Board of County Commissioners to give every consideration to deny the zoning change. The Planning Board has twice rejected Conditional Business CD(B-l) and cannot agree to approve the Office and Institution zoning for two office buildings. The Board was requested to follow the existing zoning plan and allow the property to remain Residential R-15. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1042 Mr. Curtis Wright, representing Providence Homeowners Association, reported for five months the neighborhood groups have been following this project. The Planning Board denied the rezoning request twice, but the applicants decided to present the rezoning petition to the Commissioners who have a history of approving 95% of rezoning requests. The applicants have totally disregarded the second public hearing and have gone back to the proposal presented to the Planning Board at the first public hearing. After two to three hours of discussion at the last public meeting, the Planning Board heard and denied the conditional use rezoning. At the second meeting, a different project was discussed. The restaurant was removed to help reduce traffic and other items were discussed to protect the environment, drainage, and the site plan. All of these items have been placed back into the proposal and the applicants are telling the Board of County Commissioners about items that were disputed in the two public hearings. The church is not in favor of the proposed project and the site is not contiguous with the Galleria Mall. The Board of County Commissioners should be angry with the petitioners for trying to mislead the Board in the short amount of time given to review a package that goes back five months to a plan that was denied. Mr. Wright reported during the six hours of public hearings held by the Planning Board, he would like to comment on the following items: 1. The property can remain zoned residential. As reported tonight, MacCumber Terrace was developed too densely for a resource protection area. The Board agreed in the Land Use Plan to avoid density development in resource protection areas. MacCumber Terrace cannot be used as a measurement because this type of density zoning should not occur again in a resource protection area. 2. The facts are that the property is residentially zoned and already has an approved plan for residential development under the County Zoning Ordinance. The Board does not have the authority to move forward. If the applicants desire to remove the conditional use request, they should be made to follow the regular process and present the Office and Institution petition. Public hearings have not been held on the Office and Institution rezoning request; therefore, the law will be disregarded if the property is not residentially developed. Mr. Jerre1 Freeman, a resident of201 Bradley Creek Point Road approximately 25 feet from the property, stated he was representing the Bradley Creek Homeowners Association. He reported the Association was opposed to changing the zoning to anything other than R-15 Residential. The property owners have not demonstrated a need for the rezoning and no hardship has been demonstrated to stay within the existing residential zoning. There is no need for this project. The Planning Board has denied the request two times. The Commissioners were urged to deny the conditional use rezoning. Ms. Corneille Sineath, a resident of Mac Cumber Terrace, 6664 Cable Car Lane, reported Mr. Elmore, et ai, originally requested that the property between Wrightsville Avenue and Airlie Road be changed from R-15 to CD(B-l) general retail and office. A petition has been presented with over 100 signatures of residents living in MacCumber Terrace. When the Planning Board heard the request, the CD(B-l) rezoning was denied. The Board of County Commissioners never received this request because a rehearing before the Planning Board was requested by the developers presumably to name other owners of the property involved. MacCumber Terrace had a small delegation at this hearing because it was thought the hearing would be only a prefatory type of action. As it turned out, a request was made by the developers to change the original plan to a 50/50 mix of offices and retails stores excluding the restaurant, which was in the original plan. This request was denied by the Planning Board. The developers then asked the zoning to be changed to Office and Institution. The Planning Board approved this plan by a five to two vote. The residents of MacCumber Terrace challenged the rehearing actions since there was no prior notification of the zoning change to the Planning Board or to the individual citizens. The Planning Board had no opportunity to present staff findings regarding the change, and residents affected had no opportunity to study the change or prepare a rebuttal. It is felt that the procedure followed was illegal and certainly unfair. In Office and Institution zoning, there are many uses that are permitted with no conditional use required. None of these uses would be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1043 comparable with the residential development in the surrounding area. One of the criteria for changing zoning on a particular property is that the proposed rezoning will not materially endanger the public health or safety. The proposed Office and Institution zoning would result in a serious traffic hazard to all persons traveling on the south side ofWrightsville Avenue across the street from MacCumber Terrace. This is particularly true in view of the new intersection and the misuse of the merge lane by westbound traffic. In closing, Ms. Sineath reported there are other reasons for opposing the rezoning as listed in the petition submitted to the Board of County Commissioners. She urged the Board to allow the property to remain residentially zoned. Dr. Penn, a resident of Mac Cumber Terrace since 1985, stated when she first moved to the community, she could smell the sea and pine in the air. Now, when stepping out of her car, she smells fumes and Federal Paper Company. The residents of Mac Cumber Station are living in an asphalt jungle, which is not the reason they located in this area. The existing traffic problem is serious and there is no need for additional commercial uses. Vacant retail space is available in Plaza East, Galleria Mall, and the Landfall Shopping Center. It appears that developers are able to obtain rezonings for commercial development regardless of whether more business uses are needed in an area. Dr. Penn requested the Board allow the property to remain Residential R-15 and protect the surrounding residential communities. Mr. Bill Hess, a resident of McCumber Terrace, reported that MacCumber Terrace obtained authorization from the N. C. Department of Transportation to close the exit to Allen's Lane. The purpose for closing the exit was because MacCumber Terrace was being used as a cut-through to avoid traffic when traveling to or leaving Wrightsville Beach. The exit had become a safety hazard through the community. Also, the traffic counts presented by Mr. Elmore are based on a 1991 study and do not reflect the traffic going down Wrightsville Avenue. Persons using the westbound exit from the proposed shopping center will be playing chicken because there is a large misuse of the merging lane since the new traffic configuration. If the rezoning is approved, numerous accidents will occur from the westbound exit. The Planning Board denied the proposed development because it would create a serious traffic hazard. He requested the Board to deny the proposed rezoning. Mr. Tony Harris, a resident of 145 Allen's Lane and speaking on behalf of the Wrightsville Sound/ Airlie Road Homeowners Association, spoke in opposition to the proposed rezoning because of the potential impacts on the Land Use Plan. The following items were presented: 1. Land Use Plan, Policy 1.0: Preserve, protect and augment the area's important natural resources, which include air, land, and sea environments. The site in question is approximately five acres located in a resource protection area with approximately 2 acres that will be impervious surface. The location of the site is at a point where drainage from watersheds to the north converge and move through the property with runoff beneath Airlie Road into Airlie Pond and eventually into Bradley Creek. This is environmentally sensitive property. 2. Land Use Plan, Policy 1.1: Development within estuarine watersheds shall be carefully controlled to prevent degrading of water quality in creeks and sounds and ensure the protection of these vital natural resources. The proposed plan includes a retention pond; however, this type of pond does not replace the natural filtration that will be occurring through two acres of vegetative land. 3. Land Use Plan, Policy 1.18: The City and County shall seek to preserve and restore shell fishing in SA waters and to bring all coastal waters formally designated SA to the highest quality. There is a need to protect the Bradley Creek estuarine areas. 4. Land Use Plan, Policy 1.2: The City and County shall take the necessary actions to prevent further deterioration of estuarine water quality and loss of public trust uses in creeks and sounds to bring all coastal waters up to the highest quality. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1044 Mr. Harris presented a map showing Class IV soils covering approximately 50% of the property and stated the Conservation Department would classify this soil as not being economical to develop or environmentally sound for development. The Board was urged to understand the importance of this land in the filtration process of water that flows through this area into Bradley Creek. Mr. Harris presented a copy of the Airlie Road Neighborhood Plan. He advised the plan was prepared and adopted by the Board of County Commissioners in 1983 in a desire to protect the Airlie Road area. He referenced the last page and read the following statement: Retain the R-20 classifications, do not expand commercial areas, amend the B-1 classification allowing only neighborhood uses, impose height or bulk control on structures, and minimize the adverse impacts of developing large vacant acreage along Airlie Road. In closing, Mr. Harris expressed appreciation to Mr. Elmore and Mr. Boney for discussing the proposed plan with the residents. He reported the plan was excellent; however, this type of development should not occur in a residential area. When reviewing the slides presented by Mr. Boney, it appeared there was not a retention pond on the residential property, which would not be in compliance with the recently adopted drainage standards. Also, the question of spot zoning must be addressed because many residential properties are located in the area. He suggested referring these questions to the County Attorney. Mr. Howard Garris, a resident of 602 Bradley Creek Point Road, reported the Land Use Plan and Airlie Road Neighborhood Plan provide guidelines to protect this residential area. With these policies in place, the developer, who is a long-term resident of New Hanover County, should not be asking for the rezoning. He requested the Board to deny the rezoning request and allow the property to remain residentially zoned. Chairman Greer closed the Public Hearing. Chairman Greer asked if Conditional Use B-1 would provide more protection for the wetlands? Planning Director Hayes responded the site plan presented for Conditional Use B-1 shows preservation of the wetlands. If the property is zoned open Office and Institution, there is no guarantee that the wetlands will be protected. Commissioner Davis asked Planning Director Hayes if residential development would be a better use for the property? Planning Director Hayes responded the property could be developed for residential use as stated by the developer. If the density had not been changed, residential development would be a desirable use. With the present density at 2 1 \2 units per acre, it will be difficult to get someone to develop the property. A better plan would be a compromise between a mixture of office and retail uses with the office use maximized. This plan was initially suggested to the developer by Planning Staff. A conditional use permit would be approved with the mixture of uses. In Office and Institution zoning, the restaurant would not be a permitted use. Commissioner Birzenieks commented on the necessary public hearings and asked if the Board had authority to act on this request as referenced by Mr. Curtis Wright? County Attorney Copley responded the Board has the ultimate authority and responsibility to make the final decision. The Planning Board serves as an advisory board and makes recommendations to the Board of County Commissioners. In this case, the Planing Board has voted to deny the request. In all public notices, it states the Commissioners have the right to make substantial changes in petitions, such as, from a Conditional Use District to an Office and Institution District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1045 Commissioner Howell stated he was disappointed to see the amount of opposition from the residents. In his opinion, the Conditional Use District was a better plan because drainage would be addressed, adequate buffering would be provided, and the wetlands and trees would be preserved. Under residential development, there is no control over the number of trees that can be cut by each property owner. Vice-Chairman Caster advised this was a difficult decision; however, traffic was a major concern to him. Discussion was held on the number of turn lanes. Planning Director Hayes reported the Planning Board considered limiting one of the entrance points into the shopping center to a right-turn lane only because of traffic concerns; however, this recommendation was not stipulated in the plan. The plan provides for two entrances with turn lanes. Chairman Greer advised the Board had the following options to consider: (1) approve the petition as submitted; (2) change the original petition by requiring certain conditions, which will require the petitioner's approval; (3) change the zoning to Office and Institution, which will require the petitioner's approval; or (4) do nothing and allow the property to remain zoned R-15 Residential. Chairman Greer asked what would be the worst case scenario under residential development on this piece of property? Could the trees be clear cut? What about egress and ingress under residential development? He asked if there was a downside to allowing the property to remain residential? Planning Director Hayes responded there are no tree requirements for residential development; however, he did not feel property owners would clear cut the lots. Under residential development, a plan would have to be submitted to the Planning Board for approval. In this case, a plan has been approved by the Planning Board which will require an entrance on either Wrightsville Avenue or Airlie Road, or a combination of the two. Also, other issues to consider are annexation by the City of Wilmington, which could open the property for a future rezoning, and the developer may acquire additional property. Regardless of what happens in the future, the property will be developed. Chairman Greer asked if a conditional use would be better than an open Office and Institution zoning? Planning Director Hayes responded the petitioner was encouraged to apply for conditional use to avoid open commercial zoning for the area. Conditional use requires a plan that will reflect how the property will be developed, how the wetlands will be protected, how the entrances will work. Under the site plan submitted by the developer, there is no zoning change for the property on Airlie Road. There are conditions that can be imposed on conditional use zoning. Traffic has been somewhat addressed with the improvements on Wrightsville Avenue. The mixture of uses will impact the traffic flow. Different traffic patterns are generated by office and institution uses as opposed to retail uses. Most office and institution uses are permitted in a B-1 District. Office and institution zoning will eliminate retail activity and the restaurant. Chairman Greer asked if a majority of the residents present were opposed to any change in the current zoning? Mr. Bill Hess reported the Planning Board denied both proposals because of concern about traffic safety. There is a new intersection with cars accelerating at 45 mph from Military Cutoff Road. If the property is commercially developed, cars will be trying to exit across traffic moving at 45 mph. Chairman Greer informed Mr. Hess that the Planning Board did approve Office and Institution zonmg. Mr. Hess reported it was his understanding that the Planning Board did not approve the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1046 Office and Institution zoning, but stated by a five to two vote, the Board of County Commissioners could consider the Office and Institution zoning. There were no staff findings, traffic counts, or documentation to show how the property would look if developed under Office and Institution zonmg. Chairman Greer reported under conditional use zoning, a plan has to be submitted showing exactly how the property will be developed. Under office and institution zoning, a plan does not have to be submitted. The property can be developed with all the permitted uses under this zoning classification. Mr. Hess responded the residents would like for the property to remain residentially zoned. Mr. John Elmore reported his partners were natives of Wilmington and would not build a project and leave town; therefore, the developers would be fully accountable for the project. The traffic counts presented to the Planning Board were 1995 figures, which are the latest counts from the N. C. Department of Transportation. The study mentioned was performed by a traffic engineer in the last two months. Under the conditional use, drainage will be adequately handled and the environmentally sensitive areas will be protected. If the land was developed under single-family dwellings, each property owner would landscape and maintain their yards in different ways. In the residential portion of the property, there is a retention pond on the site. It is not uncommon for trees to be moved when developing a residential community. The proposed plan under conditional use zoning will provide better protection for the land. Concessions have been made on the types of uses to be placed in the shopping center to reduce the amount of traffic coming in and going out of the center. One stipulation has been made to place a right-turn only exit on the far eastern part of the project. Chairman Greer asked Mr. Elmore ifhe would agree to place the right-turn only exit on the eastern part of the project? Mr. Elmore agreed to the stipulation and stated this was recommended to the Planning Board. He apologized for this not being included in the packet forwarded to the Board of County Commissioners. Commissioner Davis asked Mr. Elmore if Mr. Yow and Mr. Miller would be agreeable to Office and Institution Conditional Use zoning? Mr. Elmore responded that a plan was not in place for Office and Institution Conditional Use. The project was developed on a mix of uses. If the Board decides to approve Office and Institution, it would be better to rezone the property to an open Office and Institution District. He stated the plan presented has removed uses such as drug stores and dry cleaners that have high traffic counts. The retail has been limited to bouquet and antique shops, like those in Lumina Station, which are enjoyed by the tourists. Many calls have been received from small businesses in town that want to operate unusual businesses in a shopping center of this type. BREAK Chairman Greer called a break from 10: 5 5 P.M. until 11: 02 P.M. Chairman Greer requested a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer to rezone the property to Conditional Use Office and Institution based on the plan presented. Discussion was held on the motion and the submission of a plan. Planning Director Hayes reported the motion was to change the zoning from an Office and Institutional conditional use instead of B-1 conditional use. The Commissioners can decide if the plan should go back to the Planning Board for review; however, the Planning Board has reviewed the property. The petitioner has stated an Office and Institution conditional use cannot be accommodated by the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1047 existing site plan. The Commissioners can request the petitioner to modify the site plan to accommodate 100% office and institution uses. Vice-Chairman Caster stated the Planning Board denied the Conditional Use B-1 zoning twice; however, the Planning Board recommended Office and Institution at the last meeting. Planning Director Hayes reported the Planning Board voted five (5) to two (2) to recommend an open Office and Institution rezoning, not a conditional use Office and Institution rezoning. The petitioner might be able to use the same plan with some modifications; however, the petitioner has stated the building layout as planned cannot be used. Mr. Elmore reported the design of the project was a mixed use of retail and office uses. If the rezoning is changed, a plan would have to be designed to accommodate the uses in the Office and Institution zoning. Under the Conditional Use Plan, the uses were identified and the plan was developed. It would be difficult to use the present plan and reconfigure the building arrangements and parking space. The entire environment was considered when designing the conditional use rezoning. The traffic from an Office and Institution District may not make much difference in the traffic counts. Commissioner Howell asked how many shops would be in the project? Mr. Elmore responded seven or eight shops and professional offices for doctors, mortgage companies, and real estate offices. Substitute Motion: Commissioner Howell MOVED to approve a conditional use with 50% being Office and Institution and 50% Business. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer asked if the original motion should be voted upon since the petitioners have not had time to decide if they want to consider the Conditional Office and Institution. Planning Director Hayes explained the Board had decided on an alternative option for developing the property; therefore, the petitioners can reject the option, bring back a modified plan, or continue it for more study. If the request is denied in any way, the petitioners will have to wait a year to submit another plan. Substitute Motion: Commissioner Howell MOVED to approve a conditional use Office and Institution District with 25% retail uses and 75% office and institution. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Mr. Elmore stated if the Board desires to rezone the property Conditional Use Office and Institution, he would like to have time to come back with a plan. Planning Director Hayes explained that some type of plan would have to be in place in order to approve a conditional use zoning. Vice-Chairman Caster advised that he was not dissatisfied with the existing site plan. He did feel some of the retail and business uses should be limited to address traffic concerns. Planning Director Hayes reported the Board could approve the plan as submitted limiting the uses to office-type uses and allow the petitioners to submit a revised plan in the future. Mr. Elmore requested the Board to act on the site plan presented under Office and Institution Conditional Use zoning. Mr. Curtis Wright advised that conditional use zoning was designed to outline the specific use, not just the footprint. Each building and each space must be outlined for a specific use. Planning Director Hayes reported the proposed B-1 uses would be eliminated. Those uses would be changed to Office and Institution uses. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1048 Chairman Greer called for a vote on the ORIGINAL MOTION MADE BY VICE- CHAIRMAN CASTER to rezone the property on the south side of Wrightsville Avenue to Conditional Use 0-1 Office and Institution pursuant to the site plan as submitted and with the condition that uses be limited to the range of office uses identified in the Table of Permitted Uses as outlined in Section 50-2 of the Zoning Ordinance. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Chairman Greer Voting Nay: Commissioner Davis A copy of AN ORDINANCE AMENDING 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 42. A copy ofthe petition submitted by MacCumber Terrace, marked as Exhibit I, is on file in the Planning Department under Zoning Case Z-580. Planning Director Hayes advised the findings had been read and the only additional condition imposed on the findings was a right-turn only exit at the eastern entrance into the project. Chairman Greer asked Mr. Capps ifhe agreed with the findings offacts as presented by the Planning Staff. Mr. Capps concurred with the findings of facts as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to grant a Special Use Permit in a Conditional Use Zoning District for an Office and Institution Center to Mr. John Elmore and others based upon the evidence presented and the findings offact concluding 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; 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 AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Chairman Greer Voting Nay: Commissioner Davis 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 REZONING 85.04 ACRES ON THE EAST SIDE OF MILITARY CUTOFF ROAD (1100 BLOCK) NORTH OF LANDFALL AND SOUTH OF LUCIA POINT TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL TO R-20 RESIDENTIAL (APPEAL CASE, CONTINUED ITEM Z-591, 2/97) Chairman Greer opened the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1049 Planning Director, Dexter Hayes, reported this was an open Office and Institution rezoning request. After a lengthy discussion on the merits of Office and Institution zoning, the Planning Board agreed to allow the applicant to revise his petition to Office and Institution for the entire tract. Despite the revision, the Planning Board voted five (5) to one (1) to recommend denial of the petition. It was felt that rezoning the site would be inconsistent with the Land Use Plan, and there was not a need to establish transitional zoning on such a large scale. In opposition to the petition, one concerned citizen advised that it could not be clearly demonstrated that the change was needed. Approval of the rezoning would open the area for future requests and lead to strip commercial development, which is an undesirable land use pattern. Chairman Greer opened the Public Hearing. Attorney George Rountree, representing the petitioner, Raiford Trask, Jr., presented the following compromise to the Board: Rezone the southern half of the property Office and Institution with the northern half remaining R-15 or R-20 as the case may be. Attorney Rountree reported in 1972, Mr. Trask's father leased to New Hanover County for $1.00 per year approximately 11 to 12 acres ofland in the northeast quadrant of the property. The lease will expire in two years and the property cannot not be used for any practical purpose other than parking. This leaves approximately 42 to 44 acres south of the dividing line, which Mr. Trask would like to have rezoned to Office and Institution. Attorney Rountree contended that the Military Cutoff Road corridor was a commercial thoroughfare that would not be used for residential purposes. The N. C. Department of Transportation plans to widen the road to four lanes within two years which will heighten the road's use as a commercial artery and defer development in a residential fashion. The Board was urged to rezone the property Office and Institution as requested by Mr. Trask. Mr. Craig Madden, a resident of Timber Creek, spoke in opposition to the rezoning request. Several years ago, the Board of County Commissioners decided that commercial development would not go beyond the vacant Wilson Supermarket on Military Cutoff Road. Currently, there is a project next to Wilson's and the Board is now being requested to deal with 30 to 40 acres for commercial development on the other side. Also, the statement was made earlier that no developer would be interested in residential development along the Military Cutoff Road. This is not necessarily true because Dallas Harris has purchased a sizeable tract ofland for residential development across from the Landfall entrance on Military Cutoff Road. The Commissioners were urged to allow the property to remain residentially zoned. Mr. Curtis Wright expressed appreciation to Commissioner Davis for the last vote. He stated the Military Cutoff corridor was being developed residentially north of Lucia Point under the Special Highway Overlay District. When attending the Public Hearing in Raleigh about widening the Military Cutoff Road, officials from the N. C. Department of Transportation did not know that Military Cutoff Road was a Special Highway Overlay District. Also, the Board should be concerned about the petitioner presenting another plan when the original plan was denied by the Planning Board. It appears that a deal is being made. The simple fact is that the property does not need to be rezoned. Recently, Chairman Greer stated the Board could not be blamed for the Food Lion at Ogden; however, if the Office and Institution zoning is approved, the Board can be blamed for this rezoning. Vice-Chairman Caster strongly objected to Mr. Wright insulting the Board before a decision has been rendered. Mr. Wright stated the Board is requiring neighborhood groups to join together to fight for compliance to the County's Land Use Plan. Too many pacts have been broken, and it is time for the Board to keep its intention of not allowing commercial uses beyond the Swain property NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1050 along Military Cutoff Road. He urged the Board to allow the property in question to remain R-15 Residential. Mr. Larry Fried, a resident of Covil Estates, advised when reviewing zoning for Military Cutoff Road, there are numerous substantial residential areas, Landfall, Covil Estates, Lucia Point, and the new development of patio homes being constructed by Dallas Harris. These homes will sell for at least $200,000. This type of development increases the tax base and attracts the most desirable residents who are usually retired and spend a great deal of money in the county without overcrowding the school system. Why should prime residential property be rezoned to be used for more office glut? When driving down Oleander Drive, Market Street, and Eastwood Road, one sees commercial property being built with rental signs for office vacancies. The Board has an opportunity to build a high price residential area that sells quickly and increases the tax base. Mr. Fried urged the Board to allow the property to remain R-15 Residential. Attorney Rountree reported he was born in New Hanover County and he lived at the eastern end of the City on Hawthorne Road which was in the woods during his childhood. Now, this area has become substantial commercial development. The suggestion that property should remain as it is because of the demand for residential development flies in the face of economic reality. The developer feels the market is available for office and institution development. Capitalism is the cornerstone for the governmental philosophy which permits a person to use his/her property as so desired as long as the use does not hurt anyone else. The classification of the 40 acres to office and institution will not hurt anyone. If the property is not rezoned office and institution, Mr. Trask may keep the land and not use it for residential use. The suggestion that the property should be forever residential does not accommodate the dynamics of what is going on in southeastern North Carolina, which is one of the fastest growing areas in this part of the state. He requested the Board to approve the rezoning petition. Mr. Tony Harris stated that commercial use has exceeded its demand. He requested the Board to deny the office and institution use and protect this resource protection area. The impact of development does impact the environment; however, as the land becomes more scarce, more attention must be given to environmentally sensitive areas. Commissioner Howell asked Mr. Harris why he was so opposed to office and institution development when businesses have to grow for people to have jobs? Mr. Harris responded there is a disproportionate increase in commercial versus residential development. Many innocent residents have been impacted by this type of development. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster stated he sat on the Board when the line was drawn to stop commercial development on Military Cutoff Road and MOVED, SECONDED by Commissioner Davis to DENY the rezoning request. Commissioner Birzenieks asked where the line was drawn. Chairman Greer responded at the Library property. Commissioner Howell stated, for the record, he would vote to deny this request; however, it was imperative for everyone to understand that commercial development must continue to grow because residential development does not pay for itself. In order to balance the economy and provide jobs for people as well as increase the tax base, new businesses are needed. Upon vote, the MOTION TO DENY THE REZONING REQUEST CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1051 PUBLIC HEARING TO CONSIDER REZONING 2.8 ACRES AT 649 PINER ROAD TO CONDITIONAL USE 0-1 OFFICE AND INSTITUTION FOR GENERAL AND PROFESSIONAL OFFICES, MEDICAL OFFICES, AND BARBERlBEAUTY SHOP FROM R-15 RESIDENTIAL (RE-APPROV AL, CONTINUED ITEM Z-520, 12/94) Chairman Greer opened the Public Hearing and reported that conditional use zoning requires a quasi-judicial hearing; therefore, all persons wishing to comment must be sworn by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Rudie Malpass Phillip Burnie Greg Slorocco Lawrence 1. Bayer, Jr. William Claytor Planning Director, Dexter Hayes, reported the Planning Board continued this item from the March meeting to April. The applicant and several adjacent property owners were planning to meet to see if a compromise plan could be devised. At the April meeting, the Planning Board voted to continue the hearing for 30 days because of the disagreement between property owners in Wood Duck Forest and the applicant concerning the scope of the plan, buffering setbacks, and the total depth of the Office and Institution District. Substantive meetings between the applicant and owners never occurred. Despite objections from several property owners in Wood Duck Forest, the Planning Board voted unanimously to recommend approval of the site plan with the following modifications: (1) Prohibit off-street parking within 170 feet of the rear property line; however, an access drive around the rear would be permitted provided it did not encroach into the required buffer area. (2) Parking would be permitted at the rear of the northernmost building provided the 170 foot setback is observed. (3) Additional parking may be provided at the front of the building located nearer to Piner Road. (4) Provide a 30-foot planted buffer along northern and eastern property lines adjacent to Wood Duck Forest. Retain as much of the natural vegetation as possible. Provide a privacy fence per the Ordinance if it was determined that opacity standards could not be met with existing vegetation and plantings. (5) Elongate the drainage pond and orient it so it is closer to the western side of the property. Chairman Greer asked if anyone from the public would like to comment. Mr. Lawrence (Joey) Bayer, Jr., representing Mr. Rudie Malpass, reported the revised project was submitted to the Planning Board with an updated version of the past project that was approved for the property. When reviewing the plan, it was felt the building should be removed away from the rear property line to allow for a retention pond based upon existing regulations. There was parking behind the building that was opposed by the neighbors. The revised proposal will provide for the pond and green space in the rear. The buffer was increased between the adjoining neighborhoods, parking was relocated, and the building was reconfigured into two buildings instead of one. The petitioner agrees with the conditions of the Planning Board. Chairman Greer asked if anyone from the public would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1052 Mr. Greg Slorocco, a resident of 5808 Wood Duck Circle, reported the area was initially zoned residential and was approved for Office and Institution before the Wood Duck Forest Subdivision was constructed. The residents are opposed to the Office and Institution rezoning because the value of surrounding properties will decrease in value. This fact has been proven by a house sold within the last two months. Security is another concern of the neighborhood with a pathway from the development into Wood Duck Circle. Lights, noise, and litter will become a problem and traffic will increase. He stated the aesthetic value of the community will be lost and there is no further need for office space in the Monkey Junction area. To change this property to Office and Institution will establish a precedent for spot zoning on Piner Road. The Board was urged to deny the rezoning request. Mr. William Claytor, a resident of 5820 Wood Duck Circle, expressed concern for the security and privacy that would be lost in the Wood Duck Forest with the proposed Office and Institution zoning. He stated the residents are cognizant of the fact that the portion of the property facing Wal-Mart would not be ideal for residential development. Everyone hoped that an agreement could be reached and a plan presented that would be acceptable to all parties involved. The residents would like to require more buffering toward Piner Road and a small reduction in the size of the buildings. There being no further comments, Chairman Greer closed the Public Hearing. Commissioner Howell reported the proposed plan was the best use of the property. Mr. Slorocco advised the property was originally zoned residential, even though it was rezoned to Office and Institution. Now, the Board has an opportunity to convert the property back to residential use and protect the surrounding neighborhoods. To hear 60 cars constantly using a turn-around behind your home is undesirable. The residents are willing to accept the rezoning if the buffer is extended in the back of the property. Motion: After discussion of the best use for the property, Commissioner Howell MOVED to rezone the property as presented. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Motion: Chairman Greer MOVED, SECONDED by Commissioner Birzenieks TO DENY THE REZONING REQUEST. Mrs. Rudie Malpass, representing the sellers of the property, reported the Planning Board rezoned the property to Office and Institution three years ago. She advised the property was not suited for residential use. The proposed plan has provided adequate buffering to protect surrounding neighborhoods. Ms. Malpass requested the Board to approve the rezoning as petitioned. Upon vote, the MOTION TO DENY THE REZONING REQUEST CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Chairman Greer Voting Nay: Commissioner Howell Vice-Chairman Caster PUBLIC HEARING TO CONSIDER A REQUEST BY KAY BENNETT TO REZONE .45 OF AN ACRE AT 415 SILVER LAKE ROAD TO R-I0 RESIDENTIAL FROM R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported there was very little discussion at the Planning Board meeting. The Planning Board voted unanimously to recommend approval of the petition NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1053 because the use would be consistent with the Land Use Plan and the zoning and development patterns of the area. Chairman Greer asked if the petitioner or anyone would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to rezone .45 of an acre at 415 Silver Lake Road to R-I0 Residential 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 AREANO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 53. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LANDFALL ASSOCIATES TO CONSTRUCT A TEN SLIP COMMUNITY BOATING FACILITY EAST OF HORSESHOE ISLAND AND SOUTHEAST OF HARBOR WAY PLACE IN THE LANDFALL SUBDIVISION (S-407, 5/97) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, all persons wishing to present testimony must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Joe Taylor S. Keith Cooper Bruce Koch Planning Director Hayes reported the Planning Board voted unanimously to recommend approval of the Special Use Permit after a general discussion concerning pedestrian access and the layout of the adjacent subdivision. There was no opposition present. 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 facility does not require water and sewer service, though it is fairly common to provide water service to wash down boats and equipment. (2) The site is located in the Seagate Volunteer Fire Department District. (3) Pedestrian access is available from the adjacent subdivision. ( 4) The pier and docks are sited so that interference to navigation along the waterway is avoided. 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) Community boating facilities are permitted by Special Use Permit in the R-20 Residential District. The site is zoned R-20. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1054 (2) The right to use the facility will be conferred by an access easement appurtenant to each lot of the residential development. (Note: Approval of a preliminary plan for a 10-lot subdivision adjacent to the facility is pending.) Three of the lots have already been recorded. (3) Instead of providing a separate off-street parking lot, the applicant proposes that parking be provided at each individual residence. A total of 10 parking spaces is required. (4) A CAMA permit will not be issued for construction if it is determined that the project will have significant impacts on water quality, shellfish grounds, or conservation resources. (5) Commercial activities are prohibited. None are proposed. (6) The 10 slips planned equal the number of residential lots to be served. 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 provision of private boat slips for residential lots typically complements land values instead of diminishing them. (2) Similar facilities are not located nearby, but are common place along the waterway. 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 Land Use Plan prohibits general development in conservation resource areas such as salt marshes. However, the Land Use Plan encourages water dependent uses, including piers, ramps, and boating access provided the important natural resources are not severely impacted. (2) The establishment of these types of facilities is common along the Intracoastal Waterway. Commissioner Birzenieks asked if the adjacent property owners were aware of the proposal? Planning Director Hayes responded the adjacent property owners were notified including property owners across to the next block. Commissioner Birzenieks reported he had received a large number of calls from property owners who were not aware of the proposed boat slip. Mr. Joe Taylor, the attorney representing the petitioner, reported several calls had been received from members of the community and stated he met with Mr. Kenan and others earlier today. A map and plan were shown to residents so they could better understand the plan for a 10 slip community boat dock. The dock is located 800 feet away from the closest adjoining property to the south and 435 feet from the closest property on the northern side of Landfall. He advised that Horseshoe Island was currently permitted for 54 mid-rise condominium units; however, the plan has been changed to develop the land into seven residential lots. The proposed change is being reviewed by the Technical Review Committee. In order to move forward with the project, the 10 slip community boat dock must be approved by the Board of County Commissioners. He requested the Board to grant the Special Use Permit to downzone from 54 mid-rise condominium units to seven residential lots. He advised that all legal procedures had been followed and stated he was not aware of any opposition to the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1055 Commissioner Birzenieks stated he did not object to the proposed project; however, some of the surrounding residents were not informed. He asked ifthe Landfall Homeowners Association was supportive of the project? Mr. Keith Cooper, President of the Landfall Homeowners Association, stated while attending a council meeting, several residents had inquired and were told about the proposed project. Commissioner Birzenieks asked if the project had been advertised? Mr. Cooper reported the public notice process required for the application and CAMA permit were followed according to the law; however, the public notice process does not require notifying the homeowners association. Attorney Taylor advised that public notice has been given pursuant to County requirements. Also, specific notification was given to all adjoining property owners pursuant to the CAMA permit. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to table this issue until July 7, 1997, to allow time for proper notification to be given to surrounding neighbors. Attorney Taylor reported he did not feel the proposed project could be tabled legally when proper public notice has been administered according to law. He expressed concern for the request being turned down because of this reason. Commissioner Davis advised the motion was not to deny the request, but to allow more time to be sure the residents had been properly notified. Attorney Taylor responded that property notification had been given. Mr. Bruce Koch, Sales Manager for Landfall, advised he discussed the project with Mr. Kenan, who was the only person concerned about the plan. He reported the residents living on Harbor Way signed a revised plat and stated he was not aware of any residents in opposition to the proposal. The notice has been advertised in the newspaper for the last two weeks, and The Explorer Newsletter that is mailed to 20,000 residents contains information about the project. Most of the residents in Landfall are very supportive of the project because they were not in favor of a mid-rise condominium project. Commissioner Davis asked if Ms. Estelle Lee was informed about the project? Mr. Koch advised that Ms. Lee was very supportive of the project. Commissioner Birzenieks reported, personally it was a fine project; however, he did not feel that proper notice had been given. Chairman Greer asked Commissioner Birzenieks what type of notification should be given? He advised that Staff had followed the public notice requirements. After further discussion, Chairman Greer called for a vote on the motion. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Voting Nay: Commissioner Howell Vice-Chairman Caster Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1056 Chairman Greer asked Attorney Taylor ifhe concurred with the findings read by the Planning Director. Attorney Taylor agreed with the findings as read. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to grant the Special Use Permit to the Landfall Homeowners Association to use the property located east of Horseshoe Island in Pembroke Jones Park along the Intracoastal Waterway for construction of 10 boat slips based upon the evidence presented concluding that the proposed use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved; the proposed use meets all required conditions and specifications of the Zoning Ordinance; the proposed 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 UNANIMOUSL Y. 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 CLOSING THE WESTERN SEGMENT OF BROOKDALE DRIVE LOCATED IN BROOKDALE ACRES SUBDIVISION SOUTH OF THE HOLLY SHELTER ROAD/I-40 OVERPASS, ON THE WEST SIDE OF 1-40 Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported that Mr. William Cameron, an adjoining landowner, has requested the western portion of Brook dale Drive to be closed. When Interstate 1-40 was constructed the western portion of the road from Brookdale Drive, which leads to Blue Clay Road was separated. Brookdale Drive is a part of the Brookdale Acres Subdivision recorded in June 1961. The request has an unimproved 60 foot right-of-way and is 165 feet in length. The County Engineering Staffhas indicated that utility and/or drainage easements will not be needed. Adjoining properties to the north and south will not be landlocked by the request. Access to the properties would be gained through North College Road. Landowner B on the map in the agenda packet, was split by 1-40 and has a remnant portion adjoining the western right-of-way, which would be landlocked. Mr. Cameron has indicated an interest in purchasing the property. While the remnant piece of property may be landlocked due to the creation of! -40, the road closing petition as presented would have not an adverse impact on the property. Staff recommends approval of the applicant's request. Chairman Greer inquired as to whether anyone from the public would like to comment. Mr. William Cameron, the petitioner, requested the Board to approve the road closure. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Howell to adopt an order closing the western segment of Brookdale Drive located in Brookdale Acres Subdivision as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 40. ADOPTION OF RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE IN-HOME AIDE SERVICES, DEPARTMENT OF AGING, BID #97-0334 County Manager O'Neal reported after a review of the bidding process, Staff feels the bids should be rejected and the current contract with Well Care & Nursing Services, Inc. should be extended for three months. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1057 Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt a resolution to reject all bids received and extend the contract with Well Care & Nursing Services, Inc. for three months. 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 40. ADOPTION OF RESOLUTION AWARDING BID #97-0353 TO DICTAPHONE CORPORA TION FOR THE VOICE LOGGING RECORDER WITH A PC PLAYBACK STATION FOR THE SHERIFF'S DEPARTMENT Chairman Greer reported this item was postponed on May 19, 1997, because of concerns expressed by Seltronics Eyertle, Inc. and Lanier Worldwide, Inc. regarding the bidding process. County Manager O'Neal presented a memorandum from the Purchasing Agent and a resolution requesting the Board to award the bid to Dictaphone Corporation in the amount of $54,966.70. He advised that Ms. Amy Akin, Purchasing Agent for New Hanover County, and Captain Steve Smith of the Sheriff's Department were present to justify the bid award to Dictaphone Corporation. Mr. John LoSchiavo, Southeast Regional Vice-President, Seltronics Eyretel, reported the Board had received four letters concerning the bidding process. He advised that Seltronics Eyretel took no exceptions and met every bid specifications. The vendor of choice took eleven exceptions and these were noted by Staff as minimal and accepted. Discussion was held with Captain Smith about the deviation of bidding for a $1,700 cabinet submitted by Seltroncis compared to a $113 shelf bid by Dictaphone. After discussion, Seltronics made a concession of$295, which was noted. Also, the total five-year cost including the maintenance contract was bid at $73,857.00 by Seltronics with Dictaphone bidding $76,526.82. The difference in the bids received from Seltronics and Dictaphone was $4,074; however, Seltronics met every bid specification and Dictaphone did not. Further discussion was held with Captain Smith as to why Seltronics was not awarded the bid. The response was that he did not know, but he liked the other sales representative. Further discussion was held on service. Captain Smith admitted he had not heard negative comments about the company. Mr. LoSchiavo advised that Seltronics had placed 96 channels in the Police Department with Charlotte. The company serves Asheville, Boone, the Cherry Point Marine Base, Rowan County, Stanley County, Union County, and the FBI. He advised that Seltronics had met all bid specifications and was the low bidder. He requested the Board to award the bid to Seltronics Eyretel. Commissioner Davis asked if the service center was based in Charlotte? Mr. LoSchiavo responded the service center was located in Wilmington through a third party center. This center services all equipment. He stated if service was a question he could provide numerous examples of satisfied customers. When discussing service with Captain Smith, who has been fair during the bidding process, he responded he had heard only good things about the service. In closing, Mr. LoSchiavo stated if there was a reason that could be validated as to why Seltronics should not receive the bid, he would understand. Commissioner Davis questioned the length of time for Seltronics to respond to an emergency call and routine call? Mr. LoSchiavo advised that a response to an emergency call required four hours and a response to a routine call required eight hours. He reported that Seltronics was one of the largest providers of public safety. The company was just awarded a contract for all 911 Centers in the State of Massachusetts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1058 Discussion was held on the prices presented at the last meeting. Purchasing Agent, Amy Aiken, reported the purchase price and five-year cost were presented in the resolution at the last meeting; however, the grid is different. A revised resolution has been prepared with a correction to the price submitted by Business Communications, Inc., and the total five-year cost for Seltronics in the amount of$74,857 had been included in the revised resolution. Ms. Aiken reported when evaluating the bids, a call was placed to the maintenance office in Charlotte, and she was informed that all calls must first go through Charlotte with a guaranteed response time of four hours for an emergency and twenty-four hours for routine calls. She advised this matter was discussed with Mr. Scott Pergler. Commissioner Davis asked Captain Smith if any comments heard and presented by Seltronics would change his mind about the recommended bid award? Captain Smith advised for the past 18 months, he had been trying to acquire digital audio into the 911 Center because of the time that can be saved. The supervisor of the 911 Center spends a great deal of time tracking down calls on the VHS format tapes, which record a number of hours. The digital audio tapes will record days of information with the ability to search and find on a personal computer. After talking to many vendors who did not submit a bid, the personnel in the 911 Center felt the bid should be awarded to Dictaphone. The new equipment will entirely replace the current equipment. Commissioner Davis asked if there was a local service office in the County. Captain Smith reported that Modern Office Machines was trained to serve the Dictaphone equipment. The service quotes for the five-year prices do not mean that the County would actually contract for that number of years. Mr. Todd Williams, Sales Representative for Dictaphone, Inc., reported the bid submitted by Dictaphone has been reviewed twice by Staff. Each time, Staff has recommended award of the bid to Dictaphone based upon the total bid requirements. The deviations mentioned in the matrix, noted as exceptions, are minor items that have nothing to do with the record mission, which is to protect New Hanover County against liability. Dictaphone, Inc. is the lowest bidder in terms of equipment price and the specifications have been met. Mr. LoSchiavo commented on the deviations and made the following remarks: (1) Channels: The bid specifications call for 64 channels, 32 and 32. The Dictaphone System is 32 and 32. The Seltronics System houses 48 and 48; therefore, expansion can occur at a minimal cost. Captain Smith did indicate it would cost at least $3,000 to purchase another 8 channel unit, which was part of the bid specifications. (2) The Dictaphone System records 13,000 bits of information per second. Seltronics can record from 16, 000, 24,000 32,000 and 64,000 bits of information per second adjustable per channel. This means that data and facts can be recorded. Dicataphone is the only company that does not have this capability. This is not a deviation, but a quality issue. If the Board desires to delay the bid award, five accounts can be furnished that reviewed the Seltronics equipment on a side-by-side comparison against the Dictaphone. When both systems were hooked up with the radio channel at 32,000 bits of information per second, Seltronics was selected. In closing, Mr. LoSchiavo reported these issues are major concerns. One is a quality issue and a cost issue. Seltronics has the system in place to expand without it being a costly procedure. He requested the Board to award the bid to Seltronics, the lowest bidder. Chairman Greer asked Captain Smith ifhe still felt the bid should be awarded to Dictaphone? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1059 Captain Smith reported the decision was difficult because the companies were excellent vendors. Seltronics has a great product; however, he would recommend award of the bid to Dictaphone. The 64 channels will last for several years with only 40 being used at the current time. In reviewing the cost comparisons for adding channels to both systems, it was felt that with the rate of change in the electronics equipment the cost difference would not be a key issue. Commissioner Howell inquired as to the number of persons involved in making the decision to award the bid to Dictaphone? Captain Smith responded that Mary Antley, Brenda Hewlett, Amy Aiken and he made the recommendation. Chairman Greer called for a motion. Commissioner Howell complimented Mr. LoSchiavo for a good presentation, but stated he felt the recommendation of Staff should be followed because they were qualified to make the decision for the needs of New Hanover County. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution awarding the bid to Dictaphone Corporation in the amount of $54,966.70 for a voice logging recorder with a PC playback station for the Emergency 911 Office of the Sheriff's Department. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Greer Voting Nay: Vice-Chairman Caster A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 40. 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 1:20 AM. until 1 :36 AM. ADDITIONAL ITEMS - COUNTY MANAGER Authorization for the Chairman to Write a Letter of Support for the Cape Fear River Dredging Project County Manager O'Neal advised a letter was received from the Executive Director of the State Ports requesting the Board to write a letter of support to the congressional delegation for the Cape Fear River deepening and widening project. Consensus: It was the consensus of the Board to authorize the Chairman to write a letter to the congressional delegation requesting support for the Cape Fear River dredging project. Discussion of Welfare Reform County Manager 0 'Neal reported that information has been received from the North Carolina Association of County Commissioners regarding the House and Senate Welfare Reform Bills. As action occurs that will be unfavorable to counties, the Association will immediately notify all counties. Chairman Greer advised the Association would like to give more control at the local level as outlined in the House Bill. He recommended discussing this issue with the legislators when they attend the Legislative Weekend scheduled for June 6-8, 1997. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 2, 1997 BOOK 25 PAGE 1060 County Manager O'Neal advised he would prepare a fact sheet on the bills by Friday morning. Budget Work Session Scheduled for June 12, 1997 County Manager O'Neal requested the Board to schedule a Budget Work Session to make final adjustments to the FY 1997-98 Budget. Consensus: It was the consensus ofthe Board to schedule a Budget Work Session on Thursday, June 12, 1997, at 10:00 AM. in Room 501 of the New Hanover County Administration Building. Discussion of Drainage Ordinance Adopted on May 5, 1997 Chairman Greer commented on the drainage ordinance adopted on May 5, 1997, and expressed concern for Item 3 being deleted at the meeting but included in the ordinance presented for signature. He advised this was not the action taken at the May 5, 1997 meeting; therefore, he had not sign the document. He stated if the Board desires for the paragraph to be added, he would suggest taking this action at another meeting. Planning Director Hayes reported the language placed in the ordinance was existing language. The Board did agree to delete the rewording that was proposed; however, the existing language should be kept. Further discussion was held on the existing language. Planning Director Hayes reported the existing language states that runoff shall be routed along vegetated swales; whereas, the language deleted was prepared by the Home Builders Association which states runoff should be routed through vegetative swales. Chairman Greer stated this was not the action taken by the Board of County Commissioners. Consensus: After further discussion, it was the consensus of the Board to discuss this issue on June 16, 1997. Chairman Greer adjourned the meeting at 2:00 AM. Respectfully submitted Lucie F. Harrell Clerk to the Board