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1997-09-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 75 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 2, 1997 at 6: 3 0 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; Assistant County Attorney, Kemp Burpeau; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Stephen Crotts, Pastor of Myrtle Grove Presbyterian Church, 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 anyone from the public to present an item that was 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: Adoption of Resolution to Support "Partnerships for Students Week" in New Hanover County Chairman Greer read a resolution of support for more involvement by the public and parents in New Hanover County Schools. He requested a motion to designate September 15-19, 1997, as "Partnerships for Students Week" in New Hanover County as requested by the PTA Council. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a proclamation designating September 15-19, 1997, as "Partnerships for Students Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. Adoption of Proclamation Declaring September 8-12, 1997 as "Senior Retiree Appreciation Week" in New Hanover County Chairman Greer read a proclamation declaring the week of September 8-12, 1997, as "Senior Retiree Appreciation Week" in New Hanover County. He requested a motion to adopt the proclamation. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the proclamation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, reported on the countless number of senior retirees who willingly give of their time and talents to help others, and he presented the proclamation to Mr. Howard Brown, Department of Aging RSVP Director, and Ms. Vera Weiss, representing the Chamber of Commerce. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster requested removal of Consent Agenda Item 3. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remove Consent Agenda Item 3 and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 76 CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of August 18, 1997, as presented by the Clerk to the Board. Authorization to Waive Tipping Fees for Trash Collected from the "1997 Big Sweep" Cleaning of Beaches Sponsored by Keep America Beautiful The Commissioners authorized Staff to waive tipping fees for the trash collected from the "1997 Big Sweep" cleaning of beaches to be held on September 20, 1997, sponsored by Keep America Beautiful. Adoption of Resolution Adding Roads in Dutch Square Industrial Park to the State Highway System The Commissioners adopted a resolution adding roads in Dutch Square Industrial Park to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. Approval of Budget Amendment #98-0024 - Criminal Justice Partnership The Commissioners approved the following budget amendment: Budget Amendment #98-0024 - Criminal Justice Partnership Debit Credit Criminal Justice Partnership Program CJPP Grant $75,000 Contract Services Other Improvements $25,000 50,000 Purpose: To increase the budget for discretionary grant awarded for expansion of Day Sentencing Center and for the Targeting Project. Approval of Budget Amendment #98-09 - Controlled Substance Tax Capital Project The Commissioners approved the following budget amendment: #98-09 Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax Capital Project Controlled Substance Tax $5,746 Capital Project Expense $5,746 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Adoption of Resolution to Authorize the Receipt of Funds from the N. C. Department of Transportation for Computer Software Pilot Project for the Human Services Transportation System and Approval of Associated Budget Amendment #98-0026 The Commissioners adopted a resolution and approved the associated budget amendment to authorize the receipt offunds in the amount of$18,83 7 from the N. C. Department of Transportation with a County match of$2,093 to obtain computers and software for a pilot project called Mini-Pass. New Hanover County will be the first county to network county departmental NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 77 computers with private operator computers for efficient scheduling of human service trips. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. Approval of Budget Amendment #98-0026 - Human Services Transportation System The Commissioners approved the following budget amendment: #98-0026 - Human Services Transportation System Debit Credit Human Services Transportation System Fees Administration - State Capital Outlay $ 2,093 18,837 $20,930 Purpose: To budget a State grant to assist in funding of computers and software for a pilot project called Mini-Pass. Adoption of Resolution to Reject Bids Received for the CRIMS System (Bid #98-0041) - Sheriff's Department Vice-Chairman Caster requested an explanation of why the bid for Vision Software, Inc. was rejected. He commented on the excellent reputation of Vision Software and stated it was difficult to believe this company could not provide a compatible system. Deputy County Manager, Andrew 1. Atkinson, explained that CRlMS was a records system and was not involved with 911. The bid specifications were based upon a particular platform. The program submitted by Vision Software, Inc. would not operate on the platform; therefore, the bid was non-responsive. The other bid received from HTE, Inc. exceeded the amount budgeted. Staff felt it would be best to reject the two bids received and decide if the system should be operated on personal computers or the AS400 System. Once this determination is made, the bid specifications will be re-drafted. Discussion has been held with the City to investigate the possibility of both systems being compatible so data can be transferred between the Sheriff's Department and City of Wilmington Police Department. When the bids were presented to the City Council, the Vision Software bid was not accepted. The City Staff recommended award of the bid to another company. Vice-Chairman Caster requested Deputy County Manager Atkinson to prepare a one-page report explaining how the system works and the goals to be accomplished with use of the software. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to reject the two bids received and to authorize Staff to re-bid the project. Upon vote, the MOTION CARRIED UNANIMOUSLY A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. ADOPTION OF RESOLUTION REQUESTING FEMA TO CONSIDER NEW HANOVER COUNTY AS A PILOT DISASTER RESISTANT COMMUNITY County Manager O'Neal reported that New Hanover County and the City of Wilmington were being considered by the Federal Emergency Management Agency (FEMA) for designation to receive grant funding to become a Pilot Disaster Resistant Community. The concept is an opportunity to enhance, improve and expand existing public/private partnerships, develop public/private mitigation strategies, and better educate our community on how to prepare for the hazards of hurricanes. New Hanover County is one of seven local government entities nationwide under consideration for the designation. Currently, the involvement in the process has been several conference calls with federal and state officials, and an all day meeting held in New Hanover County with representatives from the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 78 State, FEMA and the White House. The next step in the process of designation is for New Hanover County, the City of Wilmington, and Chamber of Commerce to adopt resolutions requesting designation as a Disaster Resistance Community with the resolutions being forwarded to James Lee Witt, Director of FEMA. County Manager 0 'Neal advised that the Chamber of Commerce had already adopted a resolution and reported the Wilmington City Council would be considering a resolution at its meeting scheduled for tonight. Vice-Chairman Caster commented on the amount of work involved with the process and asked who would be the lead department? County Manager O'Neal responded the Department of Emergency Management would be the lead agency. Time will be required and grant funds will be available to hire consultants to assist with the pilot project. Chairman Greer advised the purpose of the FEMA pilot project was to educate counties prior to a hurricane on measures that can be taken to shorten the recovery process. He stated it was quite an honor for New Hanover County to be selected as one of the counties to participate in the project. Due to the excellent job performed by the Emergency Management Director, Dan Summers, and his Staff, he felt this was the reason for New Hanover County being chosen to participate in the project. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution requesting FEMA to designate New Hanover County as a Disaster Resistant Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. DISCUSSION OF COUNTY FIRE SERVICE IMPROVEMENTS STUDY Fire Services Administrator, Phil Kouwe, reported the New Hanover County Fire Commission was requesting a third-party professional study of potential improvements in fire protection, including the possible unification of the seven volunteer fire departments into a single fire service for the unincorporated areas of the County. The Fire Commission obtained three proposals from consulting firms experienced in this type of study. After a review of the proposals, the Fire Commission recommends award of the contract to the Emergency Services Consulting Group of West Linn, Oregon, to perform the study at a base fee of$19, 100 plus expenses not to exceed $3,400. The study will be participative in nature and involve representatives from all agencies. The recommended firm was chosen by a panel of representatives from the volunteer fire departments who evaluated the proposals and references. It is felt the study will review the entire operation to see if more efficient measures can be used to provide a better fire service and review the need to integrate career personnel into the volunteer fire service. Discussion followed on the anticipated annexation by the City of Wilmington and its impact on the Fire Service. Commissioner Davis asked if it would be appropriate to hire a consultant and perform a study at this time? Administrator Kouwe advised the timing of the study was excellent because of the anticipated annexation which will require a review of redistributing resources and manpower. There will be a reduction in the Fire District, but the remaining unincorporated areas of the County are growing rapidly and demanding a fire service that will provide a better response time. Unification ofthe seven Volunteer Fire Departments will allow the Fire District to provide better training, maintenance, and support services in a more economical manner. Vice-Chairman Caster commented on the geographic locations and asked ifthe boundary lines for the volunteer fire stations would be reviewed? Administrator Kouwe responded this issue was already being reviewed by the Fire Commissioners and would be included in the study. It appears that districts may have to be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 79 realigned or added to provide fire service to some rapidly growing areas of the unincorporated county who are more than five miles away from a fire station. Also, the study will allow the District to review the City of Wilmington' s fire plan to avoid duplication of fire stations when annexation occurs. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to award the contract to the Emergency Services Consulting Group of West Linn, Oregon, for performance of the study at a base fee of $19,100 plus expenses not to exceed $3,400 and approve the associated budget amendment. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Budget Amendment #98-0025 - Fire Service District/Fire Departments/Fire Administration Debit Credit Fire Service District/Fire Departments Appropriate Fund Balance Fire Administration Contracted Service $22,500 $22,500 Purpose: To appropriate Fire District fund balance for a consultant study and associated contract. EMERGENCY PROCLAMATION DURING HURRICANE FRAN EXTENDED UNTIL MARCH 31, 1998, TO ALLOW COUNTY OFFICIALS TO ENTER PRIVATE PROPERTIES TO CLEAN STORM DEBRIS FROM THE DITCHES Chairman Greer reported the Emergency Proclamation adopted on September 30, 1996, during Hurricane Fran needed to be extended to allow County officials to enter private properties to clean storm debris from ditches and creeks. He commented on discussion held at the Thursday Staff Meeting and stated he had recommended allowing the Natural Resources Conservation Service (NRCS) to complete its work and then appropriate funding from the fund balance to allow the County to complete the job. County Manager O'Neal advised that Ms. Marilyn Stowell, District Conservationist, and Mr. Greg Wallace, District Engineer, with NRCS, were present and would be glad to answer any questions concerning the work being performed by the agency. Chairman Greer commented on the list that had been prepared by the Assistant County Manager and he asked how many of the sites listed had been cleaned of debris by NRCS? Ms. Stowell reported that she was not aware of a list; however, a map had been furnished to Mr. Greg Walker and all the sites had been visited. Many of the sites had drainage problems that were in existence before Hurricane Fran and did not qualify for the cleanup. Also, some areas did have hurricane debris in ditches but did not qualify unless the debris was threatening in terms of flooding as stipulated in the Emergency Watershed guidelines. There were three contracts performed in New Hanover County on eligible sites. Additional funding has been appropriated and the Engineering Department has performed the site assessments which have been forwarded to the NRC S. She recommended extending the Emergency Proclamation to continue debris removal of eligible sites with the additional funding. Discussion followed on the number of sites and completion of projects. Ms. Stowe advised that three (3) snag and drag projects had been completed to remove debris from Smith Creek, Prince George Creek and a catch-all contract that covered the eastern portion of the county with a few sites in the western side of the county. The projects were listed as follows: Smith Creek Project Prince George Creek Project Catch-All Contract $ 27,700 $151,949 $104,964 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 80 Further discussion was held on the additional funding and when the projects would be completed. Ms. Stowell advised that a team from the NRCS would be in New Hanover County on Thursday, September 4, 1997, to visit the sites assessed by the County Engineering Department. The team will determine the eligibility of the sites and the County should be notified within three weeks of eligible sites. The debris removal process should be completed within two to three months. Chairman Greer suggested waiting until the NRCS has determined the number of sites that are eligible to receive federal funding. Once this information has been received, this work can be performed by NRCS and the County Engineering Department can move forward with surveying the remaining ineligible sites and begin the debris removal process. Chairman Greer strongly objected to the manner in which the debris removal process was handled. Calls were received from citizens immediately after the storm requesting assistance for debris removal because of severe flooding. The County Staff was informed that FEMA would reimburse the County and proceeded with hiring an engineering firm to remove the debris. Four days later, the County Staff was informed that in order to receive federal funding, the NRCS would have to assess the sites and perform the work. As a result, no ditches or creeks were cleaned until six to eight months later, which in his opinion, was not acceptable. Flooding was experienced with each rainfall. Ms. Stowell commented on the hardship created to New Hanover County by having to go through NRCS and she stated that New Hanover County was the first contract under the program. She advised there were 20 to 25 counties that had applied for assistance with debris removal. County Manager O'Neal responded that Staff would prepare a recommendation of options for removing debris from ineligible sites. This item will be placed on an agenda in the near future. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to authorize the Emergency Proclamation to remain in effect until March 31, 1998, to allow County officials to enter private properties to clean the storm debris from ditches. BREAK: Chairman Greer called a break from 7:33 P.M. until 8:00 P.M. PUBLIC HEARING ON BOND ORDER AUTHORIZING THE ISSUANCE OF $125,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER AND BOND ORDER AUTHORIZING THE ISSUANCE OF $38,300,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER Chairman Greer introduced and read the following bond orders: The "Bond Order Authorizing the Issuance of$125,000,000 School Bonds of the County of New Hanover and the "Bond Order Authorizing the Issuance of$38,300,000 Community College Bonds of the County of New Hanover" which was introduced on August 18, 1997, was published on August 22, 1997 with notice that the Board would hold Public Hearings on September 2, 1997. Chairman Greer requested a motion to hold a Public Hearing on the School Bond Order. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to hold a Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the Public Hearing and he asked if anyone present would like to comment on the validity of the bond order and the advisability of issuing the bonds. No comments were received. Chairman Greer requested a motion to close the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSL Y. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 81 Chairman Greer requested a motion to adopt and direct that the bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF $125,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners on August 18, 1997 be published. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to publish the bond order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked if there was a motion to hold a Public Hearing on the Community College Bond Order. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster to hold a Public Hearing on the Community College Bond Order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked if anyone present would like to comment on the validity of the bond order and the advisability of issuing the bonds. No comments were presented. Chairman Greer asked if there was a motion to close the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer closed the Public Hearing and requested a motion to adopt without change and direct that the bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF $38,300,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners on August 18, 1997 be published. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to publish the bond order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer read a resolution stating that the Board has adopted the bond orders authorizing the issuance of$125,000,000 school bonds and $38,300,000 community college bonds, and that those bond orders and the indebtedness to be incurred by the issuance of the bonds and the tax to be levied for the payment of those bonds should be submitted to the voters of the County of New Hanover on November 4, 1997 for their approval or disapproval in order to comply with the Constitution and Laws of North Carolina and to authorize and direct that a notice of the election be published. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adopt the resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST BY ADGER WILSON TO REZONE 13.4 ACRES AT 7750 MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z- 607, 8/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the applicant informed the Planning Board that the site's proximity to US Highway 17 and the presence of similar zoning to the north and south made development under current zoning undesirable. The Planning Board agreed that current policies discourage commercial expansion in the manner proposed; however, with surrounding uses, it was unlikely the site would be residentially developed. After further discussion, the Planning Board voted six (6) to one (1) to rezone the property as requested by the applicant. There was no opposition at the Planning Board meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 82 Chairman Greer asked why Parcels G and D, as shown on the map, were not included in the rezoning? Planning Director Hayes responded since the parcels were not included in the original advertisement, the Board could not consider rezoning these parcels without appropriate public notice. Chairman Greer asked if anyone from the public would like to comment. Mr. Adger Wilson, representing the property owners, Ms. & Mrs. Johnson and Mr. James Malloy, reported this was a 13-acre tract ofland lying between two existing B-2 zones, one to the north and one to the south; therefore, the land should be rezoned B-2 Business. When submitting the application, the property owners of Parcels G and D had not decided whether to be included in the petition but now would like for the land to be considered as part of the rezoning. After discussion with the Legal Department, a new petition would have to be submitted with proper public notice and heard by the Planning Board before being submitted to the Board of County Commissioners. Mr. Larry Mathews, a resident of 7802 Market Street, reported he had lived on his property for 22 years with his home being 500 feet from the highway. He expressed concern for the proposed B-2 zoning penetrating 1,220 feet from the road, which in his opinion, was to deep. He requested the Board to consider reducing the depth if the rezoning is approved. Mr. James Malloy, the property owner, reported the tract ofland had been in his family for 23 years and stated development of the land had been difficult because it was located between two existing B-2 zones. The Board was requested to approve the rezoning request in order to allow him to develop the land and provide money to raise and educate his children. Mr. Mathews, again, expressed concern for the depth of the B-2 zoning, and requested the Board to rezone the tract to 800 feet deep with a natural buffer left in place. Discussion followed on the amount of buffering across the back of the property. Planning Director Hayes responded the size of the building would determine the setbacks and required buffering. Also, setbacks and landscaping would have to comply to SHOD regulations that extend 500 feet in depth. Mr. Harmon Musselwhite, representing his mother, the property owner of Parcel D, stated his mother was not opposed to the B-2 Business zoning. He requested the Board to approve the request. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning 13.14 acres located at 7750 Market Street, to B-2 Business from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 5, Page 33. PUBLIC HEARING TO CONSIDER A REQUEST BY H. STOVALL TO REZONE 1.94 ACRES AT 116 AND 120 GILES AVENUE ON THE NORTH SIDE OF OLEANDER DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL ( Z-608, 8/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the applicant informed the Planning Board that the site would be difficult to economically develop due to the split zoning district. He further argued NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 83 that the site's proximity to Oleander Drive and nearby commercial activity had reduced the appeal to develop the site under current zoning. A petition in opposition to the rezoning request was presented to the Planning Board by property owners along Seabrell Avenue and Park Avenue. The main items of concern were devaluation of properties and the threat of commercial expansion into a neighborhood with existing traffic congestion. In recognition of those concerns, the Planning Board discussed other zoning options. One option was to rezone the entire site to 0-1. Another option, which the Planning Board approved unanimously, was to rezone the back of the site to 0-1 and the front of the site to B-2. The Planning Board noted that both districts offered similar buffering and felt 0-1 zoning would serve as a transitional area between heavy commercial uses along Oleander Drive and residential uses to the north. The Planning Board voted formally to deny the request to rezone the entire site to B-2 Business. Chairman Greer asked if anyone from the public would like to comment. Mr. Stovall, representing the owner of the property, stated the B-2 zoning for the entire site would be better because more flexibility could be used in designing the site plan; however, the recommendation of the Planning Board was acceptable to the property owner. At the present time, there is no specific plan for development. The adjacent property owners were not opposed to the rezoning; however, one property owner did express concern about existing traffic on the street. Vice-Chairman Caster inquired as to how the B-2 and 0-1 zones would flow together? Mr. Stovall responded a plan could be designed to create a nice flow of the two zones. There being no further comments, Chairman Greer closed the Public Hearing. Chairman Greer expressed concern for increased B-2 zoning with approval of the proposed rezonmg. Motion: After discussion of the need to have the 0-1 buffer between the residential properties, Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to rezone 1.94 acres located at 116 and 120 Giles Avenue on the Northside of Oleander Drive to 0-1 Office and Institution and B-2 Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Caster Voting Nay: Chairman Greer A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 6, Page 69. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LINDA MITCHELL TO PROVIDE AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO 12 CHILDREN IN AN EXISTING DWELLING LOCATED AT 126 DISNEY DRIVE (S-411, 8/97) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to comment must be sworn in by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 84 The following persons were sworn in: Dexter Hayes Linda Mitchell Lee Vieregge Planning Director Hayes reported the Planning Board voted unanimously to recommend approval of the petition, subject to the following conditions: 1. The number of children be limited to nine, including the owner's children. 2. Install a 6-foot buffer, either a wooden fence or planted materials along the eastern property line between the front walkway and the detached garage. 3. Move swing set to rear yard and limit outside play to rear yard. 4. No site identification sign shall be permitted. 5. Limit the hours of operation to 7:30 AM. to 6:00 P.M. Planning Director Hayes presented the following preliminary Staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A The existing structure is currently served by water and sewer. There is no known need at the present time to upgrade these services to meet the additional demand. B. The site has direct access to Disney Drive. C. The site is located in the Winter Park Volunteer Fire Department District. D. Interior modifications will be made to meet the minimum State day care licensing requirements. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A A site plan as required by the Ordinance has been submitted. B. A fenced play area will be located to the rear of the principal dwelling. C. Existing access to the site is designed so that pick-ups and drop-offs can be made without backing into the street. D. Adequate area is available to meet off-street parking needs. The required ratio is one space for each employee plus four spaces for patrons. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A Each adjacent property is occupied by a single-family dwelling that is similar in size, height, scale and architectural style to the home at 126 Disney Drive. B. The County has issued permits in nearly identical situations throughout the County, including this neighborhood. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 85 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 plan of development for New Hanover County based upon the following findings: A. The land use pattern in the area consists entirely of single family dwellings that are primarily owner-occupied. B. The County issued a special use permit for a similar operation on nearby Kelly Road in January 1990. There is no known record of complaints for that operation. C. No exterior modifications are planned to the dwelling. D. The facility will be owner-occupied. Commissioner Davis asked if the conditions were recommended by the Planning Board because of concerns by adjacent property owners? Planning Director Hayes responded the conditions were in response to concerns expressed by neighbors. Chairman Greer asked if the applicant would like to comment. Ms. Linda Mitchell, the petitioner, requested the Board to grant a Special Use Permit to provide an in-home child day care service to accommodate nine children in her residence located at 126 Disney Drive. She reported that discussion had occurred with the neighbors and no one was opposed to the rezoning. Chairman Greer asked if any other persons sworn in by the Clerk to the Board would like to comment? The following remarks were received. Mr. Lee Vieregge, a resident of 122 Disney Drive, stated he was not opposed to the in-home day care center; however, he was concerned about the condition to require a 6-foot wooden fence, which, in his opinion, would not be aesthetically pleasing to the neighborhood. He requested the Board to remove this condition from the Special Use Permit. Chairman Greer asked Ms. Mitchell if she concurred with the conditions presented by the Planning Board with removal of the 6-foot wooden fence and the findings offact as presented by the Planning Staff. Ms. Mitchell agreed with the conditions and findings of facts as presented. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit to Ms. Linda Mitchell to provide an in-home child day care service for nine (9) children at 126 Disney Drive contingent upon the conditions recommended by the Planning Board with the exception of the six-foot wooden fence, and based upon the evidence presented concluding that the use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 21. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 86 PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO CINNAMIN HERRING TO CONVERT AN EXISTING RESIDENTIAL STRUCTURE AT 110 ELISHA DRIVE INTO A CHILD DAY CARE CENTER HOUSING UP TO 25 CHILDREN (S-412, 8/97) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Cinnamin Herring Tilghman Herring Arvel Heafner Susan Humphrey G. Barille Sabra S. Karkoff Donald Karkoff Frank Horne Margee Young Beverly Kinlaw Ben Herring Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend denial of the request to convert an existing residential structure at 110 Elisha Drive into a child day care center housing up to 25 children. The Planning Board was primarily concerned with the size of the facility being located in an established neighborhood. Also, the Planning Board felt the location of a free-standing day care center would be incompatible with existing residential uses. A number of nearby property owners appeared in opposition to the request at the Planning Board meeting. They felt the planned use would be incompatible with the neighborhood, decrease property values, increase traffic congestion, and make it easier for similar requests to further erode the character of the subdivision. Chairman Greer asked if the petitioner would like to comment. Ms. Cinnamin Herring, a resident of 1009 Bay Creek Drive and owner of the property located at 110 Elisha Drive, reported on the information packet forwarded to the Board of County Commissioners that addressed the findings of fact needed to comply to the four general requirements for issuance of a Special Use Permit to convert the dwelling at 110 Elisha Drive into a Child Day Care Center to accommodate 25 children. She advised the neighbors were concerned about traffic and the safety of the children, particularly with the adjacent neighbor having a swimming pool in the back yard. Ms. Herring stated as an advocate of safety for children, she would be willing to increase the height of the 4- foot fence to protect the children. Ms. Herring noted that State Statutes require a day care provider to be responsible for the children at all times and provide direct supervision to each child every hour the facility is in operation. The purpose of the request is to provide day care to children in a smaller facility with more supervision and personal contact per child. Presently, the facilities that provide this type of care have a waiting list of at least a year. She advised the day care center would be a State AA licensed facility which requires the operator to comply to the following regulations: (1) Responsible selection and training of staff. (2) Sound operational and fiscal management. (3) Objective evaluation of the programs. ( 4) On-going communication and opportunities for participation by parents. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 87 (5) More physical space provided for each child inside and outside. (6) Child/Staff ratios that provide more individual care. (7) Written schedules and activity plans that are developmentally appropriate. (8) Activity areas available to children to promote full child development. (9) Parent Participation Plan. Ms. Herring informed the Board that she had met with the Health Inspector to see if any changes should be made to ensure the property would be safe for the children. A copy of the report was presented to the Board and marked as Exhibit I. She stated she would be willing to make the changes proposed. Ms. Herring noted the appearance of the house would remain unchanged, and she presented pictures of the residence showing where the circular driveway would be located and the size of the backyard. The pictures were marked as Exhibit II. Ms. Herring informed the Board that she had checked with one day care provider, who operates Hood's Day Care Center, which is a residence converted into a day care facility that has an enrollment of25 children. The neighbors feel the facility has been positive for the children as well as for the parents in the community. The provider has been in business for 15 years with no complaints received about traffic or noise from adjacent property owners. Two letters were presented, marked as Exhibit III, from Ellen Hood, the owner/operator of Hood' s Day Care Center, stating that traffic had not been problem with only 4 or 5 cars entering or leaving the facility at one time; and a letter from Ms. Ethel Jones, an adjacent property owner, stating that no problem had been experienced with traffic or noise and after having her property appraised three years ago, there was no decrease in the value of her property. Ms. Herring commented on public necessity and presented letters from parents who were in need of day care. The letters were marked as Exhibit IV. Ms. Herring reported the opposition expressed at the Planning Board meeting involved the proposed use being in harmony with the neighborhood. She reiterated the fact that the dwelling would not be changed in appearance. No signs, swing sets, or other obstacles would be placed in the front yard, and the lawn would be manicured in a respectable fashion. The families enrolled in the facility will be expected to show the utmost respect for neighbors, walkers, bike riders, and motorists in the neighborhood. The circular driveway and existing driveway will provide adequate parking for parents to pick up and drop off children in a safe and efficient manner. The trees, shrubs and other vegetation will remain in the rear of the property and in the front except for the shrubs that will be removed when installing the circular driveway. The hours of operation will be limited from 7:30 AM. through 5:30 P.M. so that adjoining property owners will not be interrupted from regular weekends and evening routines with their families. Recent sales support the fact that young families who plan to have children are buying homes in this area because of the price range. Pictures, marked as Exhibit V, were presented showing the area. In closing, Ms. Herring stated she felt the findings presented did comply to the special use requirements, and she requested the Board to grant the Special Use Permit. Chairman Greer asked if any other persons sworn in by the Clerk would like to comment. Mr. Arvel Heafner, a resident of 135 Elisha Drive, advised the neighborhood was not against day care centers; however, placing a facility to accommodate 25 children in the middle of a residential area was not appropriate. One of the largest investments made in a person's life is his home. To place a business in a neighborhood will devalue the property of adjacent property owners. Traffic and noise will increase. The Board was requested to consider the residents living in Long NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 88 Leaf Acres and deny the request as recommended by the Planning Board. Mr. Heafner presented a petition reflecting 58 signatures of residents living on Elisha Drive who were opposed to issuance of a Special Use Permit to convert the house at 110 Elisha Drive into a day care facility to care for 25 children. The petition was marked as Exhibit VI. Mr. Glen R. Nuyhus, a resident of 139 Elisha Drive, expressed concern for traffic congestion in the area and stated Elisha Drive was already used as a connector from Market Street to Eastwood Road. To increase the traffic would be a safety hazard. The Board was requested to deny the Special Use Permit. Ms. Susan Humphrey, a resident of 310 Windemere Road, stated she had an AA licensed facility in her home with an enrollment of 16 children. At the present time, quality day care is necessary, and there is a demand for this type of service. It is difficult for persons interested in providing day care to borrow a sizeable loan to construct a large building. Also, many parents are not interested in enrolling their children in large facilities. The provision of a day care center in an environment that is similar to home and meets the individual needs of each child is very much needed throughout New Hanover County. The neighbors living on Windemere Road do not feel that her facility has devalued property or increased traffic. She urged the Board to grant the Special Use Permit to Ms. Herring to provide the quality of care and love needed by children. Ms. Sabra S. Karkoff, the mother of a three-year old daughter, commented on working 45 hours a week and stated that quality day care was essential. After visiting numerous day care centers, she was not pleased with the learning environment. When meeting Ms. Herring, she placed her daughter in the Wee Wisdom Preschool. The love and quality of care given by Ms. Herring have been exceptional. She urged the Board to grant the Special Use Permit to allow Ms. Herring to expand her day care service and provide the quality of care that children deserve. Mr. Guiseppe Barille, a resident of 118 Elisha Drive, stated he had lived in his home for more than 30 years. Long Leaf Acres was developed as a residential community. It would not be right to place a day care facility of this size in a residential neighborhood. He requested the Board to follow the recommendation of the Planning Board and deny the Special Use Permit. Mr. Donald Karkoff, the wife of Sabra S. Karkoff, stated the care given to his three-year old daughter was truly outstanding. He stressed the importance of allowing a person of this quality to continue to provide this type of day care. Mr. Tilghman Herring, a resident of 113 Brookwood Avenue, stated Cinnamon Herring was his sister-in-law. He commented on the quality of care given by Ms. Herring and stated the adjacent properties would not decrease in value or be negatively impacted by the proposed day care facility. He urged the Board to grant the Special Use Permit to allow a person who loves children to provide the quality of care that will prepare children for the future. Mr. Frank Horne, a resident of203 Keaton Avenue, spoke in favor of the Special Use Permit. He commented on using Ms. Herring's service for his 16-month old child and stated the quality of care was exceptional. He urged the Board to approve the Special Use Permit. Ms. Margee Herring, the wife ofMr. Tilghman Herring, commented on a study performed by the New Hanover County Board of Education on the effectiveness of early childhood learning and stated this study recognized the importance of early developmental programs. Ms. Cinnamon Herring has proposed a program that will set a new precedent in the quality of day care. The Board was urged to grant the Special Use Permit. Ms. Beverly Kinlaw, an adjacent property owner at 106 Elisha Drive, informed the Board that Ms. Herring asked her if she would be in favor of the use if the number of children was reduced from 25 to 16. After giving a great deal of consideration to the request, she felt that placing a facility of this type in a residential community was not an appropriate use and would devalue surrounding properties. She advised that her house was for sale and had been placed with a local realtor. When showing the house, interested buyers would question the zoning sign placed on the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 89 adjacent lot. Once informed that a day care facility of this size would be placed in the structure, interested buyers declined to make an offer on the property. She informed the Board that every resident living on Elisha Drive was opposed to the use; therefore, she felt the request should be denied. Mr. Ben Herring, a resident of 1 009 Bay Creek, reported his wife was Cinnamin Herring and stated he was proud of her desire to provide quality day care to children. He advised he had appraised real estate for more than 20 years and was a member of the Appraisal Institute. After researching tax records, he had not found any measurable market resistance to properties located next to day care facilities. The site was selected because it was located on a busy street and serves as a neighborhood thoroughfare with a church behind the structure and four vacant lots across the street. The site appeared to be an ideal location for the facility. With regard to Ms. Kinlaw's remarks, he did not feel that locating a day care facility in an existing house would devalue surrounding properties. Chairman Greer closed the Public Hearing. Commissioner Howell commented on the number of day care centers in neighborhoods and asked if any complaints had been received? Planning Director Hayes responded other in-home day care facilities were still used by the owners as residences, which would not be the case with the facility proposed by Ms. Herring. Discussion followed on the current day care service provided by Ms. Herring in her home. Ms. Herring reported the name of service was Wee Wisdom Preschool with an enrollment of five children. Commissioner Howell inquired as to how the adjoining property owner with the swimming pool felt about the proposed day care facility? Ms. Herring responded the major concern was about liability. Mr. Arvel Heafner stated the property owner with the swimming pool was opposed to the placement of a day care center in the house located next door. Commissioner Howell asked if anything could be done to overcome the opposition of the neighborhood? Ms. Herring responded she had spent a great deal of time trying to receive approval from the neighbors; however, until the facility was operational, the neighborhood would not accept the use. Vice-Chairman Caster commented on the outstanding qualifications of Ms. Herring to care for children and stated as a grandfather, he would want his grandchild kept in a facility of this type. However, in his opinion, the issue to be addressed is whether a business use should be placed in a residential community. Commissioner Davis complimented Ms. Herring for an outstanding presentation, and he expressed appreciation to her for the love and concern shown for children. Chairman Greer reported there was no doubt that Ms. Herring was a quality day care provider; however, the residents in Long Leaf Acres constructed homes in a residential community many years ago feeling their rights would be protected. To allow a facility of this type to be placed in the community would not be appropriate; therefore, he could not vote in favor of the Special Use Permit. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to deny the issuance ofa Special Use Permit based upon the evidence presented concluding that placement ofthe day care facility in a residential community would not be in harmony with the area and therefor NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 90 does not satisfy the fourth general requirement as specified in the New Hanover County Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of an order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 21. PUBLIC HEARING TO CONSIDERA REQUEST BY GTE MOBILNET TO CONSTRUCT A 150-FOOT MONOPOLE AT 5501 GREENVILLE LOOP ROAD ON THE SITE OF AN EXISTING CP&L ELECTRICAL SUBSTATION (S-413,8/97) Chairman Greer opened the Public Hearing and announced the special use process required a quasi-judicial hearing; therefore, anyone wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Scott C. Smith Planning Director, Dexter Hayes, reported the application was submitted prior to the new rules relative to the placement of communications towers; however, the applicant did submit written verification of collocation efforts and an affidavit of compliance with other federal laws. The Planning Board voted unanimously to recommend approval of the application pursuant to the site plan submitted. Also, the Planning Board agreed to permit the applicant to use existing vegetation owned by CP&L to satisfy the buffering requirements; however, if the owner should remove the trees, a replacement buffer would have to be provided by GTE. No one spoke in opposition to the use at the Planning Board meeting. Staff read a letter received from an adjoining property owner stating that erection of the tower would deter planned construction of a new home. Planning Director Hayes presented the following preliminary Staff findings: 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 finding: A. This type of use does not require water and sewer service. B. The facility is un-manned. C. Access to Greenville Loop Road will be provided by a 20-foot access easement. D. The site is located in the Seagate Volunteer Fire Department District. E. There is no scientific evidence to support the low level electromagnetic waves generated by these types of towers poses a health risk. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. A site plan pursuant to the Zoning Ordinance has been submitted. B. The applicant proposes to comply with proposed rules related to the placement of towers. C. Communications towers and related structures are permitted by Special Use Permit in the R- 15 Zoning District. The site is zoned R-15. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 91 A. The proposed tower would be located on a site already occupied by a 230KV electrical substation. B. The nearest residence to the base of the tower would be 225 feet away. A large grove of trees is located on the east and west sides of the tower site. The trees' average height is 50 feet on the east side and 98 feet on the west side. The applicant proposes to utilize the existing dense foliage to serve as a buffer for nearby residential uses. Additional plantings will be provided west of the entrance to promote ground level visual opacity between the equipment building and residential uses in Clear Brook Estates. 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 plan of development for New Hanover County based upon the following findings: A. Adjacent land uses include Clear Brook Estates to the west, a dog kennel and residential uses to the east, a substation to the north, and residential uses and a sewer pumping station to the south. B. The tallest manmade structures in the area are the support towers for high voltage overhead electrical transmission lines. Chairman Greer asked if the petitioner would like to comment. Mr. Scott B. Smith, Site Acquisition Coordinator with GTE Mobilnet d/b/a as Cellular One in New Hanover County, presented a brochure, marked as Exhibit I, showing maps and pictures of the site, the site plan, and the buffering requirements. He reported that site selection for cellular telephone antennas was not a random process. The needs of community residents, the overall grid pattern of the cellular service, existing structures, and the topography ofthe service areas were items that had to be considered during the site selection process. In the cellular industry, the design and location of GTE facilities are based on the company's coverage area and capacity requirements. The objective of the site is to provide additional capacity and improve radio frequency planning. Without the proper location of a site, customer calls will be dropped in the area, which will lead to significant customer dissatisfaction. Mr. Smith requested the Commissioners to observe the letter from CP&L denying collocation of the antennas on one of the two transmission towers located on CP&L property near the Masonboro KV Substation on Greenville Loop Road. The request was denied due to structural and electrical compatibility since the Cellular One antennas would increase the wind loading on the structure by approximately 15-20%. The two CP&L structures presently have a reserve or overload factor of 10%. Since the Cellular One antennas would increase the stress over the reserve, which could increase the likelihood of structural failure during storm conditions, the collocation request was denied by CP&L. Chairman Greer asked if the tower would be greater than 200 feet in height or located in a flight path? Mr. Smith stated that GTE had responded to the FAA with an altitude and longitude of the proposed tower. A study will be performed by the FAA and returned to GTE. The study has not been received; however, the consultant that deals directly with the FAA indicates the tower will not be in a flight path. Planning Director Hayes reported that New Hanover County has an Airport Height Ordinance which defines the height limits within the approaches to the runways, which must be met when submitting any type of request. Chairman Greer asked Mr. Smith if he concurred with the preliminary findings and condition recommended by the Planning Board for replacement of the trees if removed by CP&L? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 92 Mr. Smith agreed with the findings as presented and the condition recommended by the Planning Board. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to issue a Special Use Permit to GTE Mobilnet for construction of a 150 foot monopole communications tower and related support equipment at 5501 Greenville Loop Road on the site of an existing CP&L electric substation contingent upon the condition that GTE will replace the existing buffer of trees if removed from the site and install a planted buffer and based upon the evidence presented concluding 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 UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 21. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO ALLOW THE COUNTY IN COOPERATION WITH THE CITY OF WILMINGTON TO COLLECT FUNDS FOR CERTAIN STREET IMPROVEMENTS WHOSE COSTS ARE FUNDED BY DEVELOPERS (CONTINUED ITEM A-282, 6/97) Chairman Greer reported that he was contacted by City Councilman, Hamilton Hicks, informing him that the City Council and City Manager were not aware of the proposed text amendment. He recommended postponing this Public Hearing so both boards can be more informed. Consensus: It was the consensus of the Board to defer action on this item until a Work Session can be scheduled to discuss the proposed Text Amendment. Mr. William 1. Hart, a resident of 401 Crooked Creek Lane, presented a statement on behalf of the Council of Neighborhood Associations, Inc. and stated since this item had been postponed, he would like for the Board to consider the statement when holding the Work Session on the proposed Text Amendment. PUBLIC HEARING TO CONSIDER A REQUEST TO MODIFY THE CONSERVATION OVERLAY DISTRICT REGULA TIONS BY ADDING "CEMETERIES" AS A CATEGORY UNDER CONSERVATION RESOURCES (A-285, 8/97) Chairman Greer opened the Public Hearing. Planning Director Hayes reported after a brief explanation by Staff concerning the reasoning behind the revision, the Planning Board voted unanimously to recommend approval. Staff informed the Planning Board that the revision would make it easier to identify and record sites affected by development, which in turn would make it easier to comply with State laws that require counties to account for abandoned cemeteries. Chairman Greer asked if anyone from the public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve the Text Amendment to add existing cemeteries as a category under Conservation Resources. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 93 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. PUBLIC HEARING TO CONSIDERAZONING TEXT AMENDMENT TO CHANGE THE APPEAL PERIOD IN ACCORDANCE WITH NC GENERAL STATUTES TO TWO MONTHS FROM NINE MONTHS REGARDING CAUSES OF ACTION CHALLENGING THE VALIDITY OF THE ZONING ORDINANCE OR AMENDMENT(A-284, 8/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported there was little discussion by the Planning Board and no public comment on the proposed Text Amendment to bring the Zoning Ordinance into compliance with the State Law. The Planning Board voted unanimously to recommend approval of the Zoning Text Amendment. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the Zoning Text Amendment changing the appeal period in accordance with N. C. General Statutes to two months from nine months regarding causes of action challenging the validity of the Zoning Ordinance or amendments thereto. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 5. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10: 18 P.M. until 10:25 P.M. to hold a meeting of the Water and Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Report on Meeting with the Northeast Branch Library Committee Chairman Greer reported that Vice-Chairman Caster, County Manager O'Neal, and he met with Mr. Curtis Wright, members of the Library Advisory Board, and members of the Northeast Branch Library Committee to discuss moving forward with selecting an appropriate site for the branch library in this area of the County since the lease at Plaza East would expire December 31, 1997. The Northeast Branch Library Committee has recommended using a portion ofthe Hannaford building in the Landfall Shopping Center. An official from Hannaford was present and after discussion, it was agreed for the Library Advisory Board, Northeast Branch Library Committee, and County Staff to see ifan agreement could be reached. Also, Mr. Wright reported that citizens in the community were willing to donate funding to provide a nice branch library in this area of the county. County Manager 0 'Neal advised that Deputy County Manager Atkinson would be the County official assigned to meet with the groups. Discussion followed on the long-range plan for branch libraries in the northeastern section of the County. County Manager O'Neal advised that part of the evaluation process among the groups would be discussion of the properties owned by the county on Eastwood Road and in NorthChase. Also, discussion will be held on the potential use of school sites for branch libraries. The review will be a comprehensive study and a recommendation will be made within the next two months. Commissioner Davis asked if an agreement cannot be reached to use the Hannaford Building, would Staff consider selling the county owned sites if they are not in the best locations for branch libraries in the northeastern part of New Hanover County? County Manager O'Neal responded the comprehensive review will include this issue. When the County purchased both pieces of property, it was the best solution at that time. With the change NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 94 in commercial properties, the value of these sites have increased and there may be a need to sell the sites. Commissioner Howell requested the comprehensive review to reflect the interest of the community in the location of the sites and include the cost of constructing a branch library on a site already owned by the county. County Manager O'Neal responded these items could be included in the comprehensive reVIew. Report on W ASTEC Commission Vice-Chairman Caster reported a W ASTEC Commission meeting was held for the first time in 18 months. He advised that a recommendation on the future ofWASTEC would be placed on a future agenda for discussion. Discussion of Submitting an Application to Fill the Vacancy on the Coastal Resources Commission (CRC) Vice-Chairman Caster commented on the letter from Governor Hunt to Chairman Greer regarding submission of an application for filling a position allocated to a representative of a State or National Conservation Organization on the CRC. He recommended contacting Ms. Camilla M. Herlevich to see if she would be interested in serving on the CRC. Consensus: It was the consensus of the Board to request the County Manager to contact Ms. Herlevich to see if she would be interested in submitting an application. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Purchasing an Ad in the Star-News for the UNCW 50th Year Celebration County Manager 0 'Neal advised a letter had been received from Chancellor Leutze regarding the purchase of an ad in the Star-News Special Edition honoring the 50th Year Celebration of UNCW. He asked if the Board would be interested in purchasing an ad and stated the price began at $125. Chairman Greer commented on being a graduate of Wilmington College and stated he felt the resolution presented to UNCW was sufficient for the 50th Year Celebration. Vice-Chairman Caster spoke in opposition to purchasing an ad using taxpayers money. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to purchase a $125 ad in the Special Edition of the Star-News on September 21, 1997, in honor of the 50th Year Celebration ofUNCW. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Voting Nay: Commissioner Davis Vice-Chairman Caster Chairman Greer Announcement of Conference to be Held by the Association of North Carolina Boards of Health at the Blockade Runner Beach Resort on October 10-11, 1997 County Manager O'Neal announced the Association of North Carolina Boards of Health would be holding a conference entitled, "Academy at the Beach", on October 10-11, 1997. He requested the Commissioners to let the Clerk to the Board know if they are interested in attending the conference. Chairman Greer reported he was on the Board of Health but would not be able to attend the conference. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 2, 1997 BOOK 26 PAGE 95 Schedule of District Meetings for the N. C. School Boards Association County Manager O'Neal reported the N. C. School Boards Association District meeting for New Hanover County would be held in Wilson, North Carolina, on September 10, 1997. He advised he would be glad to make arrangements if any of the Commissioners desire to attend. Discussion of Forming a N on- Profit Corporation to Proceed with Certificate of Participation Financing County Manager 0 'N eal reported the County Attorney has recommended engaging legal services of John Crill, representing the law firm of Newsom, Graham, Hedrick & Kennon, P.A., located in Durham, North Carolina, to form a non-profit corporation for New Hanover County in proceeding with the financing concept for Certificate of Participation financing. Consensus: After a lengthy discussion on why a non-profit corporation had to be formed, it was the consensus of the Board to request the County Attorney to place this item on the next agenda for discussion. Tentative Dates Selected to Visit the Lincoln County Technology Center and the Weaver Center in Greensboro, N. C. Commissioner Birzenieks recommended inviting some of the members of the Board of Education and School Administrative Staff to visit the technology centers. County Manager O'Neal reported the visit had been mentioned to the members of the Board of Education. He advised that once a date was selected, he would contact the members of the Board of Education and School Administrative Staff to invite them to visit the technology centers. Consensus: It was the consensus of the Board to tentatively schedule the dates of October 16 and 17 with the County Manager reporting back to the Board. ADJOURNMENT Chairman Greer adjourned the meeting at 10:58 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board