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HomeMy WebLinkAbout1995-09-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 1 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 5, 1995, 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 Sandra Barone; William A. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County At torney, 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 Reverend Charles Stanley, Assistant Pastor of Grace Baptist Church, gave the invocation. vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were presented: Discussion of Road Petition for Buck Drive and Carolyn Hill Road Ms. Margaret Raynor, a resident of 6108 Carolyn Hill Road, asked why the petition for Buck Drive and Carolyn Hill Road was withdrawn from the Consent Agenda on August 21, 1995, and she requested a status report as to when the petition would be forwarded to the N. C. Department of Transportation (NCDOT) for these roads to become State maintained roads? Assistant County Manager, Dave Weaver, advised that after research of this matter by the Assistant County Attorney, it was found that Buck Drive has existed as an easement for 50 years. In the 1980's, Mr. Buck subdivided the land without securing County approval and did not dedicate the right-of-way and make improvements to bring Buck Drive up to NCDOT standards. In more recent years, Mr. Buck did comply to subdivision requirements, and Edna Buck Road has been accepted as a State maintained road. Also, Carolyn Hill Road has been offered for public dedication, and its appears this road will be accepted by the NCDOT. As to non- compliance regarding Buck Drive, the County can file a notice with the Register of Deeds Office to prohibit the issuance of building permits until the road improvements have been installed, or the County can request the NCDOT to consider accepting Buck Drive even though the road does not conform to the required standards. Ms. Carolyn Buck requested an explanation of the difference between Buck Drive and Carolyn Hill Road? Assistant County Manager Weaver, responded that no dedicated right-of-way or required improvements were made to bring Buck Drive up to NCDOT standards when the land was subdivided; therefore, County approval was not given for subdividing the property. Ms. Buck advised that when her husband purchased the property in 1940, the 60-foot road with a drainage ditch on both sides was already in place. Commissioner Sisson informed Ms. Buck that the entire subdivision adjacent to Buck Drive was established illegally because the right-of-way was not dedicated as required in the New Hanover County Subdivision Ordinance. According to the Legal Department, the road is still in violation of the Subdivision NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 2 Ordinance, and the properties have been subdivided without County approval. Under the Ordinance, an owner subdividing more than a certain number of lots is required to obtain County approval, which includes design standards for the road. Because Buck Drive is still in violation of the Subdivision Ordinance, the Board deferred action on the road petitions at the last meeting until further study could be performed by the Legal Department. After review by the Assistant County Attorney, it was found that the necessary road improvements had not been made to Buck Drive. Mr. Fred Barefoot, a property owner on Carolyn Hill Road, asked if Carolyn Hill Road was in compliance to NCDOT standards? Assistant County Manager Weaver responded the road did comply to NCDOT standards. After discussion, it was agreed to forward the the road petition for Carolyn Hill Drive Road to the Department of Transportation for consideration of becoming a State maintained road. Introduction of Mr. Jay Graham, the New Inspections Director County Manager O'Neal introduced the new County Inspections Director, Mr. Jay Graham, and reported he was the former Director of Inspections for Cary, North Carolina. Chairman Greer, on behalf of the Board, welcomed Mr. Graham to New Hanover County and wished him well in his new position. APPROVAL OF CONSENT AGENDA Commissioner Barone requested removal of Consent Agenda #4 with a separate motion to approve the revised resolution that had just been presented by the County Attorney. Chairman Greer requested amending Consent Agenda Item #2 to ratify one appointment, in the name of Josephene Little, instead of the two requested. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda with removal of Item #4 and amending Consent Agenda Item #2 to ratify the appointment of Josephene Little to serve on the Domiciliary Advisory Committee. The Clerk was requested to re-advertise the vacant position on the Nursing Home Advisory Committee since the appointee has just accepted a supervisory position with a Nursing Home in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes as presented by the Clerk to the Board: Fire Commission Work Session, July 17, 1995 Consolidation Study Commission, August 2, 1995 Emergency Meeting, August 16, 1995 Wellhead Protection Work Session, August 17, 1995 Regular Meeting, August 21, 1995 Ratification of the Appointment of Josephene Little to Serve on the Domiciliary Home Community Advisory Committee The Commissioners ratified the appointment of Josephene Little to serve a one-year term on the Domiciliary Home Community Advisory Committee. The term is to expire August 31, 1996. Adoption of Proclamation Declaring Saturday, September 23, 1995 as "Hunting and Fishing Day" in New Hanover County The Commissioners adopted a proclamation declaring Saturday, September 23, 1995, as "HUNTING AND FISHING DAY" in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 3 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 1. Adoption of Project Ordinance and Approval of Budget Amendment #96- 09 for the 800 Megahertz System The Commissioners adopted the Project Ordinance for the 800 Megahertz System and the following Budget Amendment: 96-09 800 MHZ System Capital Project Debit Credit 800 MHZ System Transfer from Fire Service District $800,000 800 MHZ System Rent $800,000 A copy of the Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 1. Acceptance of Grassroots Science Grant from the North Carolina Museum of Natural Sciences for the Cape Fear Museum and Approval of Budget Amendment #96-0028 The Commissioners accepted the Grassroots Science Grant awarded to the Cape Fear Museum in the amount of $50,000 and approved the following Budget Amendment. The grant will be used for the Michael Jordan Discovery Gallery, the Underwater Archaeology manuals and teacher packets, and Dinosaur packets. 96-0028 Museum Grassroots Science Grant Debit Credit Museum Grassroots Science Grant $50,000 Museum Salaries FICA Printing Supplies Grassroots Science Flow-Through Capital Outlay $20,039 1,533 2,500 18,928 3,000 4,000 Waiver of Tip Fees for "Big Sweep '95" Sponsored by Keep America Beautiful - New Hanover County Landfill The Commissioners granted Keep America Beautiful a wavier of tip fees for the trash collected while cleaning the beaches and waterways during "BIG SWEEP '95" to be held on Saturday, September 16, 1995. Approval of Budget Amendment #96-0031 - Health Department The Commissioners approved the following Budget Amendment: 96-0031 Health Department/Project Assist Workshop Debit Credit Health Department/Prolect Assist Contributions $500 Health Department/Prolect Assist Contracted Services $500 Purpose: To budget contributions received for a Project Assist Workshop to be held in September 1995. Approval of Budget Amendment #95-0250 - One-Half Cent Sales Tax The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 4 Budget Amendment 95-0250 One-Half Cent Sales Tax Debit Credit One-Half Cent Sales Tax 1/2 Cent Unrestricted-Art.40 1/2 Cent Schools-Art. 40 1/2 Cent Unrestricted-Art.42 1/2 Cent Schools-Art. 42 $352,075 150,891 425,097 69,151 One-Half Cent Sales Tax Transfer to Schools Transfer to Water/Sewer $447,439 549,775 Purpose: To budget funds for transfer of sales tax in excess of budget. ADOPTION OF RESOLUTION TO REQUIRE PERSONS SEEKING TRANSCRIPTS FOR JUDICIAL REVIEW TO BEAR THE COST OF PREPARING THE DOCUMENTS CONSENT AGENDA ITEM #4 Commissioner Barone reported the revised resolution had been amended to read as follows: "The Clerk shall certify the transcript within a reasonable lenqth of time". Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the resolution as revised. 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 1. REPORT ON THE START-UP OF THE NEW HANOVER COUNTY GOVERNMENT UNITED WAY CAMPAIGN Mr. Phil Ricks, Chairman of the New Hanover County Government United Way Campaign, informed the Board that in 1993, employees of New Hanover County set a goal at $22,200 for the United Way Campaign and in 1994 a goal was established in the amount of $24,500. He reported both goals were not only met but exceeded. In 1995, as Chairman of the United Way Campaign, a goal of $27,500 has been established, and it is the intent of the campaign workers to exceed this goal. He expressed appreciation to the Commissioners for allowing County employees to work with him in raising funds for this worthwhile cause. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Ricks for accepting the job and wished him well with this year's United Way Campaign. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 6: 45 P. M. until 7:30 P.M. to hold a regular meeting of the Water & Sewer District. PUBLIC HEARING TO CONSIDER A REQUEST BY COASTAL CAROLINA DEVELOPERS TO REZONE 684.4 ACRES NORTH OF GORDON ROAD AND SOUTH BRITTANY WOODS TO R-lO RESIDENTIAL FROM R-15 RESIDENTIAL (Z-542, 7/95) Chairman Greer opened the Public Hearing. Planning Director Dexter Hayes reported the Planning Board voted unanimously to recommend denial of the rezoning request. It was felt that the increase in density would create a burden on public services in the area. Many of the surrounding property owners were present and expressed concern that the rezoning would cause property values to decline, create additional traffic congestion, and cause the overcrowding of schools. Chairman Greer inquired as to whether anyone from the public would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 5 Attorney John Carter, representing Coastal Carolina Developers, requested a correction on the acreage to be rezoned from 684.4 acres to 679.3 acres. He advised that the Planning Board recommended denial of the petition without taking into consideration the following facts: (1) Attorney Carter read and expressed concern for the following statements: "The granting of this petition would create too great a burden on public services in the area"....and Staff was concerned about the long-term availability of sewer service and how plans to serve the area correlate to the Land Use Plan. Currently, new development in the area is serviced by the Southside Wastewater Treatment Plant because of limited capacity in the Northside Wastewater Treatment Plant. Discussion with the County Engineering Department reveals that adequate capacity and transport is available to the Southside Wastewater Treatment Plant to sustain development projects in the area for the next 24 months. However, if additional projects are approved, or if extra density is added to the area prior to the completion of a new Northside Wastewater Treatment Plant the remaining capacity will be quickly exhausted. " Attorney Carter informed the Board that before the rezoning of this property became an issue, Coastal Carolina Developers had already volunteered to limit the number of sewer hook-ups to 400 per year. Concern was expressed about the fact that the calculation presented by the Planning Staff relative to adequate sewer capacity at the Southside Wastewater Treatment Plant for the next 24 months did take into consideration the 400 hook-ups; however, this information was not presented at the Planning Board meeting. Attorney Carter reported that Coastal Carolina Developers, just like the NorthChase developer, constructed and gave to the County a backup sanitary treatment facility; therefore, the proposed rezoning would not have a negative impact on sewer availability in this area. (2) As to the statement made about inadequacies existing with regard to the water systems, the problems being experienced with water quality in systems throughout the County is the lack of storage for finished water. Coastal Carolina Developers, along with two other groups, have agreed to pay for the construction of an above-the-ground water storage facility with a 500,000 gallon capacity that will be turned over to the County. This capacity will accommodate 5,000 residential units in this area; therefore, it is difficult to believe there will be an inadequate water supply. Also, this information was not presented to the Planning Board. (3) with reference to traffic congestion in the area and the widening of Gordon Road, Attorney Carter reported after meeting with Mr. Roger Hawkins, a Traffic Engineer in the local office of the N. C. Department of Transportation, he was advised that no one from the County had contacted him or anyone in his office about the proposed rezoning request and the status of roads in that area. Mr. Hawkins stated if the County had contacted him, he would have shared the following facts: Two-lane State maintained roads, like Gordon Road, are designed and maintained to handle 20,000 25,000 vehicles per day. The 1995 traffic counts, which are available and published, show an average daily traffic count for Gordon Road at 9,670 vehicles per day, which is far less than the maximum capacity figure. Also, Gordon Road is used as a short cut from 1-40 to wrightsville Beach. Once the Smith Creek Parkway segment is NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 6 completed, 1-40 will post signs directing visitors to use the Smith Creek Parkway, which will reduce the number of vehicles on Gordon Road. Also, there are funds available to add an additional turn lane off of Gordon Road onto Market Street to alleviate some of the congestion at the Gordon Road intersection. Attorney Carter reported, again, these facts were not presented or considered in the rezoning hearing before the Planning Board. Attorney Carter advised that with the facts presented, it was obvious that the proposed rezoning request would not negatively impact water and sewer services in this area. Approval of the petition will increase the density factor for development of this large tract of land which will furnish the financial incentive for the developer to provide 151 affordable housing lots. In order to balance the financial aspects of the project, the density must be increased. The Commissioners were requested to approve the R-10 rezoning to help meet the demand for affordable housing in New Hanover County. Commissioner Barone reported the arguments were reasonable and inquired as to the price range for affordable housing? Attorney Carter responded that affordable housing was determined by the market. Presently, a single- family, three bedroom, stand-alone detached home would sale in a price range of $55,000 to $70,000. vice-Chairman Mathews asked if the new school had been considered in calculating water and sewer capacity for the area. Mr. Grathwol, a partner of Coastal Carolina Developers, responded that the new school had been considered in figuring the sewer capacity for the area. Mr. Michael DeVane Barron, a homeowner residing in Brittany Woods Subdivision and spokesperson for the subdivision, presented the following remarks from the residents of Brittany Woods Subdivision and Brittany Lakes Subdivision, and he requested the Clerk to mark the report as Exhibit I. A copy of Exhibit I is on file in the Planning Department. Facts of the Case: 1. The Planning Board recommended denial on July 7, 1995. 2. As of last week, no master plan has been submitted by Coastal Carolina Developers to the County Planning Board. 3. The New Hanover County zoning Ordinance, Article XI, 110 -1, states that, "for the purpose of promoting safety, morals, or the general welfare, the Commissioners may amend the zoning map according procedures in this article." Section health, County to the 4. The 1993 Wilmington-New Hanover County Land Use Plan defined the Land Classification for this area as Limited Transition. This class identifies areas where increased development is expected to occur. Residential density in Limited Transition areas should be no more than 2.5 units per acre with lower density more desirable. Comments to the Facts: 1. The Planning Board meeting minutes detailed the reasons for recommending denial. Barring some new, detailed, and documented information to support reversing the findings of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 7 the Planning Board, the residents expect the recommendation to be upheld. 2. Like all citizens of New Hanover County, the residents are open to well-conceived and documented ideas on how to improve land use in the public interest. But, how can any developer expect to receive serious consideration for zoning a large tract of land without a written, comprehensive master plan. As proposed in the petition, the rezoning would increase the population density and increase the rate of population growth in the area. Also, the rezoning would aggravate an already congested traffic area. It is estimated that 547 additional homes added to the approximate 2,600 homes already in place would create 1,000 extra vehicles for Gordon Road, approximately 600 to 1,000 extra children for the schools, and approximately 1,600 extra people added to the water and sewer treatment system. The question to be answered is whether the infrastructure is in place to accommodate these additional people. Under current zoning, the developments planned for this area between Gordon Road and Murrayville Road encompass Gordon Woods, Indian Wells, Suncoast villas, Brittany Woods, Brittany Lakes, and other subdivisions. It is anticipated that less than 20% of development has been completed in this area. The entire northern part of the County is experiencing growth that severely impacts traffic generation, traffic flow, school populations, water and sewer systems, fire safety, communi ty access, and parks and recreation. Gordon Road needs to be extended beyond the Market Street intersection to connect with Military Cut-Off Road, in order to accommodate the high volume of traffic between these two arteries. Also, New Hanover County schools are becoming increasingly more crowded. The proposed Northern Elementary School on Gordon Road is already projected to be full when opening in 1997, and traffic will greatly increase on Gordon Road. 3. The zoning Ordinance places the burden of proof on the developer and the Commissioners. If the recommendation of the Planning Board is overruled, there should be a comprehensive plan and sound reasons for approving the rezoning petition. 4. The Land Use Plan was developed for many good public interest reasons. Rezoning should not be based on market forces that result in financially benefitting a few while the infrastructure and services to support the public interest are inadequate for years to come. In summary, Mr. Barron requested the residents of Brittany Woods and Brittany Lakes to stand, and he urged the Commissioners to uphold the decision rendered by the Planning Board and deny the rezoning request. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson commented on the impact of density zoning on the infrastructure and MOVED, SECONDED by Vice-Chairman Mathews, to accept the Planning Board's recommendation for denial of the rezoning petition. The floor was opened to discussion. Vice-Chairman Mathews Gordon Road and stated he without the widening of Transportation. commented on the traffic congestion on could not support the rezoning request Gordan Road by the N. C. State of Upon vote, the MOTION CARRIED UNANIMOUSLY to deny the rezoning request. BREAK Chairman Greer recessed for a break from 8:13 P.M. until 8:30 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 8 PUBLIC HEARING TO CONSIDER A REQUEST BY NEW HANOVER MEDICAL GROUP, INC. TO REZONE 3.672 ACRES ON THE EAST SIDE OF SOUTH COLLEGE ROAD, 200+ FEET SOUTH OF GREENBRIAR ROAD, FROM R-15 RESIDENTIAL TO CONDITIONAL USE OFFICE AND INSTITUTION FOR A MEDICAL OFFICE FACILITY. (Z-522, 1/95, 8/95) Chairman Greer opened the Public Hearing and announced that Conditional Use zoning requires a Special Use Permit; therefore, persons wishing to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director John Carr Vayden C. Sutton Howard P. Weaver Mary T. Hayes Dennis E. Griffin Joan Griffin Michael G. McLeod Dewey Bridger, M. D. Planning Director, Dexter Hayes, explained that this was a two-part petition including a rezoning request for an Office and Institutional District and issuance of a Special Use Permit for the construction of a medical care facility on the property. He reported the Planning Board voted 5 to 1 to recommend approval of the petition and the revised site plan. It was felt the site's transitional nature would be consistent with the scope and purpose of the conditional use zoning district. The adjoining residential uses would be harmed less by site controlled development than residential uses because less land clearing would be needed and buffer yards could be imposed. Planning Director presented the following revised site plan summary: 1. The plan initially calls for the construction of a 10,000 square foot medical office. The plan also shows a 6,000 square foot future expansion. 2. Off-street Parking - 98 spaces: Parking for this use is based on one space for each employee and four spaces per doctor. Area lighting consists of pole-mounted directional lamps. 3. Building Height: 18 feet (approximately) 4. Setbacks and Buffers, for Primary Building Front Yard: 105 feet, Buffer: N/A Side Yards: 227 feet (north side) is shown; Buffer: 24.7 233 feet (south side) is shown; Buffer: 24.7 Rear Yard: 67 feet, Buffer: 34 feet minimum; Buffer varies between 50 and 68 feet. 5. Drainage: On-site improvements to the College Road. retention existing pond is roadside planned with some ditch along South 6. Dumpster to be located on the south end of the property. Off- street loading is to be located on the northeast side of the main office building. 7. The site is significantly vegetated, although protected specimen trees have not been identified. The northern end of the property is comprised primarily of wetlands. 8. Estimates of traffic counts and local impacts are not identified by the applicant. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 9 The following preliminary Staff findings were presented: 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 on the following findings: A. The property is located in the Myrtle Grove Volunteer Fire Department. B. The site has direct access to South College Road. C. Water and sewer service can be provided either from public or private sources. 2. The Board must find that the use meets all required conditions and specifications of the zoning Ordinance based upon the following findings: A. The proposed land use (medical office) is permitted in the Office and Institution zoning District. B. A site plan pursuant to the general requirements for the establishment of conditional use districts has been submitted. C. Based on the proposed building height, applicable setbacks for side and rear. D. The minimum width buffers, which are predicated on the minimum required setbacks, can easily be established. E. Ninety-eight parking spaces are proposed, exceeding the minimum requirements imposed by the zoning Ordinance. F. A site identification sign of unknown dimensions is proposed. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. The applicant intends to provide the minimum required buffer between the planned office building and single family lots located in Greenbriar Subdivision. 4. The Board must find that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. Land uses in the area include Greenbriar Subdivision, a County Branch Library, commercial activities clustered around Monkey Junction and across the street. Chairman Greer inquired as to whether the petitioner would like to comment. The following remarks were received: Dr. Dewey Bridger, the petitioner and a physician representing the New Hanover Medical Group, reported the purpose for the Office and Institution rezoning was to purchase the property for the construction of a medical facility that will provide overall family medical care to the residents of this underserved area. The medical facility will be approximately 10,000 to 15,000 square feet and will house four physicians with the ability to add an additional 8,000 square feet to accommodate four more physicians if needed. The site plan submitted has exceeded the requirement for setbacks and buffers in order to protect surrounding neighborhoods. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 10 The office building and landscaping will be attractive and blend into the surrounding communities. Dr. Bridger presented the following concerns expressed by persons opposed to the rezoning petition: (1) Drainaqe: The architect has designed a drainage plan that will require digging a ditch between College Road and the property with the site being graded so that all water from the property will flow into the ditch. Also, there will be a retention pond which will control all stormwater run-off from the property. (2) Liqht and Noise Pollution: As to light and noise pollution from the removal of the trees and undergrowth, setbacks have exceeded the minimum requirements. Approximately one and one- half acres of the three and one-half acre tract will be dedicated to setbacks for protection of the surrounding neighborhoods. All large trees will remain along the property line and a six foot fence will be erected. The lighting has been designed to shine down, similar to that of an airport, and will not be visible from the site. The lights will be operated on photocells that will come on at dusk and turn off at a convenient time in the evening. There will be far less noise and light pollution from this type of development. (3) Traffic: There will be approximately 20 to 25 employees that will arrive at the medical facility on Monday through Friday between the hours of 8:00 A.M. until 9:00 A.M. and exit the facility between 4:00 P.M. and 6:00 P.M. In addition, there will be 16 patients per hour coming into the facility, which will create a minimal increase in traffic on South College Road. (4) Waste Disposal: The garbage will be dry waste and will not create a problem with rodents. Disposal of medical waste is a justifiable concern. All needles, syringes and other medical materials will be kept in plastic containers in each examining room. When the containers are full, these materials will be placed in boxes and kept inside the office without any one on the property having access to the waste until a company specializing in the disposal of medical waste has picked up the materials. (5) Vandalism and Theft: The construction of the six foot fence and natural buffer should keep vandalism from occurring on the site. (6) Concern for Additional Commercial Development on South Colleqe Road: Due to the small size of this site, the use proposed is the most appropriate and best use of the property. If the site is developed residentially, there will be more of an impact on drainage, noise, and lights. In summary, this will be an attractive facility that will be an asset to the neighborhood. The Commissioners were requested to approve the rezoning petition and conditional use district. Commissioner Barone commented on a request by the Planning Board for Dr. Bridger, or a representative of the medical group, to meet with the residents before the last meeting of the Planning Board, and she inquired as to whether this meeting had been held? Dr. Bridger responded he had met with some of the neighbors, but not all of the neighbors. When the Planning Board made this request, it was left up to the owners of the property to feel comfortable with the drainage and buffer plans for the site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 11 Mr. Mike McLeod, the architect for the proj ect, presented sketches and slides of the proposed medical facility. He reported the drainage in this area was poor; therefore, a new drainage outfall would be constructed to extend across the front of the property between South College Road and the site. The new outfall will be four feet deeper than the current outfall. This will drain the site and alleviate current drainage problems being experienced with the present ditch. All water from the site will be collected in a storm drainage system and directed to a retention pond, which will have a controlled release outfall into the ditch. Under the proposed drainage plan, the new facility will not contribute any additional stormwater run-off into any existing ditches on the back side of the property. In order to protect the surrounding communities, a natural forest of 68 feet will be left to provide a visual screen to adj acent property owners. A lighting fixture will be used that will direct the light down to the surface avoiding any light from being seen off of the site. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Dennis Griffin, a resident of 833 pine Forest Road in Greenbriar Subdivision, presented a petition signed by 93 residents of the Greenbriar Subdivision. He reported two years ago, the residents of Greenbriar Subdivision stood before the Board of County Commissioners to oppose commercial encroachment into their residential neighborhood. Now, the residents are in the same situation and are concerned about the potential damage to their homes and property, which is the single, largest life time investment for a family. The Commissioners were requested to consider the following items when rendering a decision on the proposed rezoning: (1) The proposed construction of a facility of this size could present threats of flooding and septic problems. (2) The proposed facility will significantly increase noise and light pollution. (3) Crime and vandalism would increase due to this business and other businesses that will emerge on future sites. (4) Traffic problems will increase with cars and delivery vans accessing the medical facility. (5) Vector control could become a nightmare with the addition of dumpsters. The Commissioners were requested to deny the rezoning petition and adhere to the unanimous decision rendered by the Board of County Commissioners two years ago, which was to keep commercial development south of Mott' s Creek with the properties north of Mott's Creek remaining residentially zoned. Mr. Vayden C. Sutton, a resident of 865 Greenbriar Road, the first house in the subdivision, reported he and his wife purchased their home in 1980 because the house was brick, and they were informed the area would remain residentially zoned. He expressed concern for living next door to a commercial use, and he requested the Commissioners to deny the rezoning petition. Ms. Mary Ann Hayes, the second house on Greenbriar Road, reported the proposed retention pond would be behind her home. When purchasing her home, she and her husband were informed the property would remain residentially zoned. She urged the Commissioners to deny the rezoning request to avoid commercial encroachment into this neighborhood, which will devalue properties as well as increase traffic in the entire area. As to drainage, the asphalt for the parking lot will allow water to collect on adjacent properties. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 12 Mr. Howard Weaver, a resident of 841 pine Forest Road, reported after moving to this neighborhood thirteen years ago, his property is adjacent to the parking lot of the County's Branch Library because a buffer was not installed. Now, his property could be adjacent to the proposed medical facility, which will only decrease the value of the land. He expressed concern for increased traffic, noise and lights if the rezoning petition is approved. The Commissioners were urged to deny the rezoning request. Ms. Joan Griffin, a resident of 833 pine Forest Road, reported there was a market for residential development along College Road within a mile and one-half of Greenbriar Subdivision. Eight developments have been established in this area with homes priced from $70,000 to $250,000. If residential development is given a chance, this type of development will flourish. If the proposed commercial rezoning is approved, the door will be opened to additional commercial development along South College Road north of Mott's Creek. The Commissioners were urged to allow the property to remain residentially zoned to protect the surrounding subdivisions. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews reported the Board of County Commissioners agreed two years ago not to exceed commercial development north of Mott's Creek on the east side of South College Road and he MOVED TO DENY THE REZONING REQUEST. The MOTION WAS SECONDED by Commissioner Sisson. The floor was opened for discussion. Commissioner Sisson reported this was an ideal situation for conditional use zoning; however, if he lived in Greenbriar, he would be opposed to the commercial use. He stated the purpose of the conditional use zone was to blend two different land uses into compatible uses. He advised the property owners in Greenbriar that a conditional use district would restrict the use of the property to one specific business as well as provide the necessary buffers and setbacks to protect adjacent properties. Any form of other commercial zoning would not allow for these types of restrictions. However, due to the fact that the Board agreed to allow land to remain residentially zoned north of Mott' s Creek, he felt his promise should be upheld and he would vote to deny the rezoning request. Chairman Greer agreed with Commissioner Sisson and emphasized the importance of everyone realizing the property can only be used for a medical facility, which would be a better use of the site than other uses allowed in a business district. Discussion was held on the disposal of medical waste. Commissioner Sisson reported that OSHA performs routine inspections, and the facility will have to comply to hazardous waste disposal requirements or be closed. Upon vote, the MOTION TO DENY THE REQUEST DID NOT CARRY AS FOLLOWS: voting Aye: Commissioner Sisson vice-Chairman Mathews voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to approve the 0&1 rezoning request. Upon vote, the MOTION CARRIED AS FOLLOW: voting Aye: Commissioner Barone Commissioner Caster Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 13 voting Nay: Commissioner Sisson vice-Chairman Mathews A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA MASONBORO OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 16, 1969," is hereby incorporated as part of the minutes and is contained in zoning Book I, Section, Masonboro, Page 19. Chairman Greer inquired as to whether the Board would like to add any conditions to the Special Use Permit. Discussion was held on requiring some form of maintenance for the retention pond. Commissioner Sisson recommended that maintenance could be verified by the Engineering Department or some other County department. Chairman Greer expressed opposition to responsibility on the County and recommended responsibility on the property owner. placing placing this this After discussion, it was agreed that the property owner should be required to inspect maintenance of the retention pond at least once a year with records showing that maintenance had been performed. Planning Director Hayes explained that the drainage facility would have to meet design criteria required by the Division of Environmental Management (DEM). Under these requirements, DEM does require a maintenance system for retention ponds, which usually applies to the homeowners association. However, since this is a single owner, it would be assumed that maintenance would be required by the property owner. Commissioner Sisson expressed concern for being sure there is a way to verify that maintenance has been performed because the DEM does not have adequate staffing to perform the inspections. He recommended placing this condition in the Special Use Permit. Commissioner Barone commented on Item #5 in the revised site plan, as listed below, and stated she felt the statement was ambiguous and should be more clearly stated. "Drainage: On-site improvements to the College Road." retention existing pond is roadside planned with some ditch along South Planning Director Hayes suggested adding the following verbiage to the end of the sentence: . .. "as required by County and State regulations. Chairman Greer inquired as to whether the ditch to the north could be cleaned out and connected to the front ditch to provide better drainage? Mr. McLeod responded this ditch could be cleaned out. Planning Director Hayes inquired as to whether DEM had required the ditch to the north to be cleaned out? Mr. McLeod responded this was not required by DEM; however, there was an opportunity to clean the ditch and provide an outfall for better drainage. Chairman Greer asked Dr. Bridger if the physicians would be willing to open up the end of the ditch to the north and connect it to the front ditch along South College Road? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 14 Dr. Bridger responded he would be willing to place an outfall at that end of the ditch. Mr. John Carr, a resident of 826 Bellmark Drive, reported Dr. Bridger had prepared an excellent plan and had addressed the concerns of the citizens. He expressed appreciation to the Commissioners for approving the Conditional Use District for the purpose of a medical care facility and stated this was the best use of the lot. Mr. Dennis Griffin expressed concern for the Board not upholding the decision made two years ago to stop commercial development north of Mott's Creek on the east side of South College Road, and stated the door for additional spot commercial development had been opened on this portion of South College Road. Chairman Greer requested a motion to approve the Special Use Permit contingent upon the following conditions: (1) the ditch to the north be opened and connected to the front ditch along South College Road; and (2) require the owner to keep records showing that the retention pond had been properly maintained on an annual basis. Chairman Greer asked Dr. Bridger if he concurred with the findings as presented by Staff. Dr. Bridger agreed with the findings as presented by the Planning Staff. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the Special Use Permit for the Conditional Use District 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 New Hanover County 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 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 subject to the following conditions: (1) the ditch to the north be opened and connected to a ditch along the east side of South College Road to provide an outlet for stormwater run-off; and (2) require the owner to keep records showing that the retention pond had been properly maintained on an annual basis. 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 13. PUBLIC HEARING TO CONSIDER A REQUEST BY CDK ASSOCIATES TO REZONE 1.52 ACRES ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE WEST OF ALLEN'S LANE TO CONDITIONAL USE B-2 BUSINESS FOR A HARDWARE STORE FROM R-15 RESIDENTIAL (Z-539, 6/95; 8/95) Chairman Greer opened the Public Hearing and reported since the rezoning requires a Special Use Permit, all persons wishing to present testimony must be sworn in by the Clerk to the Board. The following persons were sworn in: Planning Director, Dexter Hayes Allen Coward Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition and site plan as submitted. A brief discussion ensued on the applicability of the Airlie Road Land Use Plan. Staff pointed out that the County had consistently denied requests for commercial expansion in the Airlie Road Land Use Plan's coverage area, which is a key policy of the plan. It is important to note that several areas in NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 15 the plan's jurisdiction have been converted to commercial zoning; however, those were made possible by satellite annexations conducted by the Town of wrightsville Beach. Staff also pointed out that conditional use zoning was not available at the time of adoption of the Airlie Road Plan. Planning Director Hayes presented the following preliminary 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 property has direct access to wrightsville Avenue. B. The site is within the Seagate Volunteer Fire Department. C. Adequate water and sewer services are available. D. The proposed use of the property for hardware sales is not significantly different in intensity other than non- residential uses in the area. 2. The Board must find that the use meets all required conditions and specifications of the zoning Ordinance based upon the following findings: A. Preliminary site plan drawings indicate that the minimum setback, buffering, off-street parking, and other design standards can be met. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. A wide mixture of land uses are located nearby: a mobile home park, older single-family dwellings, a convenience store, shopping center and bank. 4. The Board must find that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. A mobile home park is located to the south and west. A mid-sized shopping center is located across the street and a small convenience storage/gas station is located to the east. Chairman Greer inquired as to whether anyone from the general public would like to comment. Mr. Allen Coward, one of the property owners, requested the Board to approve the rezoning request for the placement of a hardware store on the site. Chairman Greer asked Mr. Coward if he concurred with the findings as presented by the Planning Director. Mr. Coward agreed with the findings as presented. Commissioner Sisson commented the barrier and recommended a complete visual buffer between this property and any surrounding residential properties. Mr. Coward agreed to provide a complete visual buffer. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 16 Commissioner Sisson expressed concern for access from the site and reported if the traffic flow could be one way, it would provide better access. Mr. Coward reported NCDOT had approved the exit and access points for the business. Planning Director reported this section of the highway had already been widened. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve rezoning the property from R-15 Residential to CD-B-2 zoning. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 15, 1969, is hereby incorporated as a part of the minutes and is contained in zoning Book I, Section 2, Page 37. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to grant the Special Use Permit for the Conditional Use District based upon the evidence concluding that the use will not materially endanger the public health or safety that if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the New Hanover County 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. 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 13. PUBLIC HEARING TO CONSIDER A REQUEST BY PENTON AND MAYNARD TO REZONE .14 OF AN ACRE AT 15 LAME AVENUE NORTHWEST OF OLEANDER DRIVE TO B-1 BUSINESS FROM R-15 RESIDENTIAL (Z-546, 8/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition. The Planning Board felt that similar zoning was nearby, and the proposal was consistent with the Land Use Plan with the recent rezoning of the adjoining parcel to the east. Chairman Greer inquired as to whether anyone from the general public would like to comment. Mr. Howard Penton, the petitioner, requested approval of the rezoning request as recommended by the Planning Board. Commissioner Sisson inquired as to whether this property was next to the property that was just rezoned? Mr. Penton reported the property was adjacent to the property just rezoned. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve the rezoning of .14 of an acre on Oleander Drive, on the northwest side and east of Greenville Loop Road, to B-1 Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 17 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 I, Section 6, Page 63. PUBLIC HEARING TO CONSIDER A REQUEST BY CEG ASSOCIATES TO REZONE 2.75 ACRES ON THE EAST SIDE OF THE INTRACOASTAL WATERWAY NORTH OF TOWLES ROAD TO R-20 RESIDENTIAL FROM I-I INDUSTRIAL (Z-547, 8/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board denied the request feeling that industrial zoning was incompatible with nearby residential uses. Chairman Greer inquired as to whether anyone from the public would like to comment. The following remarks were received: Mr. Nick Garrett requested approval of the petition to rezone the property to R-15 Residential so the Towels' family could develop the land for residential use. Commissioner Sisson asked if Parcel C was marsh land? Planning Director Hayes responded Parcel C was marsh land, and reported historically New Hanover County had the distinction of selling marsh land to the Board of Education as public land being sold privately. The State no longer allows this type of sale; therefore, some people have old deeds showing ownership of the marsh and shellfish areas. Claims have been filed with the State and these claims have been settled individually by the State. Mr. Robert White, a resident of Windlass Drive, reported he lived on the waterway with property that was sold to a former owner by the Board of Education. Approximately four years ago, he received a letter from the Attorney General of North Carolina acknowledging his deed to the property. Therefore, most of the properties along the waterway below the water line with deeds have been acknowledged by the State. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to approve the I-I to R-20 rezoning as requested by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 15, 1969" is hereby incorporated as a part of the minutes and is contained in zoning Book I, Section 2, Page 38. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT SUBMITTED BY THE PLANNING BOARD TO PERMIT SHALLOW SWALES ALONG LOT LINES IN EASEMENTS LESS THAN THIRTY FEET IN WIDTH IF APPROVED BY THE COUNTY ENGINEER Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board unanimously voted to recommend permitting shallow swales along lot lines in easements less than thirty feet in width subj ect to approval by the County Engineer. In support of that decision, the Planning Board determined that minor drainage problems on individual lots could be alleviated more efficiently. The following revision was submitted. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 18 Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm easement or drainage ditch right-of-way of not less than thirty feet with a ditch centered twenty feet from one side and ten feet from the other side of the easement conforming substantially to the lines of such water course. Shallow swale easements alonq the perimeter of lots may be less than thirty feet provided they are approved by the County Enqineer. Chairman Greer inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Commissioner Barone commented on the swales disappearing in time and inquired as to whether there was a provision for maintenance of the swales? Planning Director Hayes responded maintenance would be the responsibility of the homeowners. He reported the County could maintain the swales; however, enforcement could become a problem. Commissioner Sisson expressed concern for not having maintenance requirements and reported the swales would disappear without proper care. He suggested creating a policy that would inform homeowners about their responsibility for maintaining the swales if this procedure is required by the County. A lengthy discussion was held on the maintenance of the swales and the importance of implementing some type of policy. Vice- Chairman Mathews commented on receiving a call from a property owner in Brittany Woods concerning the construction of a swale by the contractor with the County Engineering Department reporting the swale was not needed. He inquired as to whether the construction of a swale had to be approved by a County Engineer? Planning Director Hayes responded if the swale was installed by the developer without approval by the County, he would assume the swale was part of the overall drainage plan. In some situations, the County may need a wider drainage easement between lots; therefore, the County would have the option of determining whether a swale is needed. Commissioner Sisson, again, recommended some type of unified policy for maintenance and enforcement of the swales. Assistance County Manager, Dave Weaver, reported since the County does not have a drainage plan, the purpose of the Text Amendment was to reduce the distance between swales in subdivisions that are established on extremely flat land. Placement of swales on flat land will serve to drain individual lots and yards. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the Text Amendment to permit shallow swales along the perimeter of individual lots in easements less than thirty feet if approved by the County Engineer. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Sisson NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 19 A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 1. PUBLIC HEARING TO CONSIDER A REQUEST BY P. BENJAMIN TO CLOSE THE NORTHERN SEGMENT OF NASSAU ROAD NORTH OF JAMAICA DRIVE LOCATED IN SEDGEFIELD SUBDIVISION (SC-50, 8/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported that Patty Benjamin had requested closing the northern segment of Nassau Road located 1,000 feet east of the Castle Hayne Road/Jamaica Drive intersection. The subject road has a platted and recorded right- of-way width of 60 feet, 200 feet in length. This segment of Nassau Road is unimproved and not accessible to vehicular or emergency traffic. The closure of this road would not landlock adjoining property owners in the Heritage Park development to the north. A previous petition to close a portion of Nassau Road, located on the south side of Jamaica Drive, was approved by the Commissioners in February, 1985. Planning Director Hayes reported while the road closure petition is minimal to the residents in Sedgefield and Heritage Park, the County Engineering Staff has recommended that a 30 foot utility easement be retained for future sewer service to the area. Chairman Greer inquired as to whether anyone from the public would like to comment. The following remarks were received. Ms. Kathy Hayes inquired as to where the 30 foot utility easement would be located since she was in the process of adding a bathroom to her home? Planning Director Hayes responded the easement would run along the edge of her property, which would not create a problem with the addition to her home. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt an order to close this portion of Nassau Road with the 30 foot utility easement as requested by the Engineering Department. 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 1. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Spot Ads to Promote the Facts about Consolidation on WGNI Radio County Manager O'Neal advised that he and the City Manager were approached by WGNI to prepare some spot ads to promote the facts about consolidation. He reported the City Manager would be approaching the City Council. If the City Council should decide to move forward with the ads, should the City and County split the cost, or if the City decides not to use the ads, does the County want to proceed on its own? County Attorney Copley reported the information would have to be factual if the Board decides to proceed with these ads. Discussion was held on the cost of the spot County should contract with one radio station. expressed concern for the spot ads not being announcements and stated he could not support the ads and if the Chairman Greer public service idea. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 20 After further discussion, the County Manager was requested to find out the cost of the spot ads and report back to the Board. Reminder of Informal Reception for Mr. Jay Graham, the new Inspections Director County Manager 0' Neal reminded the Commissioners of the reception to be held for the new Inspections Director, Jay Graham, on Thursday, September 7, 1995, from 4:00 P.M. until 5:00 P.M. on the Sun Porch of the New Hanover County Courthouse. Reception for the Secretary of Transportation, Garland Garrett County Manager O'Neal advised that discussion had occurred at the Staff Meeting about holding a reception for Garland Garrett in recognition of his recent appointment as Secretary of the N. C. Department of Transportation. He requested direction from the Board. After discussion, the County Manager was requested to contact Mr. Garrett about a convenient date and invite the elected officials throughout the County as well as administrative officials from Cape Fear Community College and UNC-W. Approval of Tip Fee Waiver for the Annual "Haunted House Event" Sponsored by the Wilmington West Rotary Club County Manager 0' Neal reported the wilmington West Rotary Club has requested a waiver of the tip fee for the Haunted House event, which is a fund raiser to provide a student with a scholarship to UNC-W. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to waive the tip fee for the Haunted House event sponsored by the wilmington West Rotary Club. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Chairman Greer and County Manager O'Neal to be Absent from the September 18, 1995 Board Meeting Chairman Greer and County Manager O'Neal reported they would not be able to attend the regular meeting scheduled for September 18, 1995. Appointment of Keith Cooper to Serve on the Zoning Board of Adjustment Commissioner Barone asked the Clerk to the Board if the Committee Policy would allow Mr. Keith Cooper, an alternate member of the zoning Board of Adjustment, to be appointed to fill the vacant permanent position on the zoning Board of Adjustment. Clerk to the Board, Lucie F. Harrell, reported in the past, alternate members had been appointed to fill vacant permanent positions because of the training and experience needed to serve on the zoning Board of Adjustment. As to the Committee Policy, there is no written policy prohibiting such an appointment. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to appoint Keith Cooper to fill the vacant permanent position on the zoning Board of Adj ustment . The Clerk was directed to advertise for filling the vacant alternate position. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Chairman Robert G. Greer and Staff Planner, Wanda Coston, to Serve on the Wilmington Housing Finance Development, Inc. Board of Directors Chairman Greer reported he had been asked to serve on the wilmington Housing Finance Development, Inc. Board of Directors along with another County representative. He suggested appointing Wanda Coston to fill the other position because of her experience with housing rehabilitation programs. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 5, 1995 BOOK 25 PAGE 21 Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to appoint Chairman Greer and Staff Planner Wanda Coston to serve on the wilmington Housing Finance Development, Inc. Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of North Wilmington Fire Protection Commissioner Sisson commented on the need to provide fire service to the 421 North Industrial Corridor and reported the City of wilmington had been contacted as to the cost involved with providing this service. The City will perform the service on a per call basis with a flat monthly fee of $1, 000. Once the Fire Commission reviews the proposal presented by the City, a recommendation will be prepared and presented to the Board. Report on the Merging of New Hanover Regional Medical Center and Cape Fear Memorial Hospital Commissioner Caster reported the Hospital Board of Trustees voted unanimously to continue to negotiate and work with Cape Fear Memorial Hospital to keep this facility open to the community. He commented on articles in the paper and assured the Commissioners that negotiations will continue between the two hospital boards. Adoption of Resolution Approving the Assignment of the Continental Leasing, Inc. Contract to Eatman Enterprises, Inc. - New Hanover County Airport Authority County Attorney Copley reported the Airport Authority will be meeting tomorrow for the purpose of assigning the contract with Continental Leasing, Inc. to Eatman Enterprises, Inc. When the County entered into a contract with Continental Leasing, Inc., in 1985, the contract was not executed by the County. The Commissioners were requested to adopt a resolution approving the assignment of the contract with Continental Leasing, Inc. to Eatman Enterprises, Inc., and authorize the County Attorney to execute the necessary documents. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the resolution as presented. 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 1. Authorization for the County Attorney to Enter Into a Contract with Action Audits for Cable Television Management County Attorney Copley reported with the many changes in cable regulations, the County must have some assistance in being sure the County is complying the regulations. She requested the Commissioners to authorize her to contract with the firm of Action Audits, a company that specializes in auditing and cable television administration. Motion: After discussion of the cost involved, Commissioner Sisson MOVED, SECONDED by Commissioner Barone to authorize the County Attorney to contract with Action Audits in an amount not to exceed $6,000. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews voting Nay: Chairman Greer ADJOURNMENT Chairman Greer adjourned the meeting 11:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board