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1995-10-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 39 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 2, 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 Mr. Michael Hall, Minister of the Bethesda Christian Life Church, gave the invocation. Commissioner Caster 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 item was presented: Presentation of Vision and Mission Statement Plaques by the Committee of 100 Mr. Peter Fensel, Jr., Chairman of the Committee 100, presented each Commissioner with a recently adopted vision and Mission Statement for the Committee of 100. He reported on the future goals and activities of the Committee of 100 and advised the Board that Mr. Robert H. Dunn had tendered his resignation effective October 30, 1995. He introduced Mr. Scott Satterfield, the recently appointed Interim Director, and stated he had already begun to assume the responsibilities of moving forward with recruiting and locating new quality businesses to bring better jobs into the area. Mr. Fensel reported, for the record, no public or private funds had been given by the Committee of 100 to support the consolidation issue as rumored through the media; however, the Committee of 100, as a group, was supportive of the consolidation concept. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Fensel for the excellent work performed by the Committee of 100 and thanked him for the attractive plaques. APPROVAL OF CONSENT AGENDA Chairman Greer reported the Clerk to the Board had requested approval of the minutes of the Regular Meeting of September 18, 1995, with a correction to the word "sell" on Page 38 as shown on the corrected copy distributed to the members of the Board. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the Consent Agenda with the correction requested by the Clerk to the Board to the minutes of the Regular Meeting of September 18, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Work Session held on September 14, 1995, as presented by the Clerk to the Board and approved the minutes of the Regular Meeting held on September 18, 1995, as corrected by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 40 Adoption of Resolution Awarding Bid #96-0066 (Contract #96-0066) to Stryker Corporation for the Purchase of Ten Stretchers The Commissioners adopted a resolution awarding the bid to Stryker Corporation in the amount of $23,950 to purchase ten stretchers for the EMS Department. Two bid proposals were received; however, the bid proposal submitted by Aero Products Corporation did not comply with the bid specifications and was determined to be non-responsive. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 3. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Bid #96-0065 (Contract #96-0065) to Springer-Eubank Oil Company for the provision of Fuel Services The Commissioners adopted a resolution awarding the bid to Springer-Eubank Oil Company, the lowest responsible bidder, to provide fuel services for the Vehicle Management Department at the discounted prices listed on the resolution. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 3. A copy of the contract is on file in the Legal Department. Denial of a Request by Luther T. Rogers to Waive Tip Fees on the Disposal of Old Roofing Shingles The Commissioners denied a request by Luther T. Rogers to waive tip fees on the disposal of old roofing shingles found on his wife's property located on River Road. State law requires property owners to be responsible for activities conducted on their property. Historically, tip fees have been waived for service organizations such as Habitat for Humanity. Approval of Budget Amendment #96-10 for the Capital Project of the Computer Aided Dispatch - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-10 Computer Aided Dispatch/Capital Project Debit Credit Computer Aided Dispatch Interest $9,300 Computer Aided Dispatch Capital Project Expense $9,300 Purpose: To budget interest earned on the Capital Project. Approval of Budget Amendment #96-11 for Controlled Substance Tax Capital Project - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-11 Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax Miscellaneous Revenue $10,700 Controlled Substance Tax Motor Vehicles $10,700 Purpose: To increase the budget for insurance proceeds received from the wrecked vehicle. A new vehicle was purchased from Controlled Substance Tax funds. Approval of Budget Amendment #96-12 for Controlled Substance Tax Capital Project - Sheriff's Department The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 41 96-12 Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax Controlled Substance Tax $3,857 Controlled Substance Tax Supplies $3,857 Purpose: To increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-0050 for Additional Revenue Received by the Department of Social Services The Commissioners approved the following Budget Amendment: 96-0050 Social Services Debit Credit DSS/Administration Administrative Grants $5,800 DSS/AFDC State Issued Checks $4,200 DSS/Food Stamps Miscellaneous $5,000 Child Support Services Miscellaneous $5,000 Purpose: To budget additional revenue received for administrative reimbursement from the N. C. Department of Human Resources for the Food Stamps and Child Support Services Program. Authorization to Submit Various Grant Applications for a Temporary Cataloger position - Cape Fear Museum The Commissioners authorized the Cape Fear Museum to apply for grants from Lance Foundation, Cannon Foundation, Hillsdale Foundation, A.J. Fletcher Foundation, and the N. C. Department of Cultural Resources, in order to receive funding for a cataloger position. It is to be understood that New Hanover County will not expend funds for the position, and if grant funds are exhausted, the position will be eliminated. Authorization for the County Manager to sign a Letter of Understanding between New Hanover County and the New Hanover Regional Medical Center, and Approval of Contract 96-0039 between New Hanover County and the New Hanover Community Health Center The Commissioners authorized the County Manager to sign a Letter of understanding between New Hanover County and the New Hanover Regional Medical Center stipulating the following conditions: (1) the Medical Center will provide funding up to $1,000,000 to the County for the construction of the New Hanover Community Health Center; and (2) funding will be made available to the County in the amount of $63,750, over and above the construction funding, to be applied toward architectural services provided by BMS Architects for the Community Health Center. The County shall use the Medical Center funding to make appropriate payments to the Community Health Center upon appropriate invoicing of the architectural services. The Commissioners approved Contract #96-0039 between New Hanover County and the New Hanover Community Health Center, Inc. conveying certain property to the Community Health Center and providing partial funding for the construction and architectural services by BMS Architects. The County Manager was authorized to execute the contract documents and the Chairman was authorized to execute the Deed of Trust. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 42 A copy of the contract is on file in the Legal Department. PRESENTATION OF THE "DISTINGUISHED BUDGET PRESENTATION AWARD" TO THE BUDGET DEPARTMENT FOR FISCAL YEAR BEGINNING JULY 1, 1994 County Manager O'Neal announced that notification had been received from the Government Finance Officers' Association of the United States and Canada that New Hanover County has qualified to receive the "Distinguished Budget Award" for the fourth consecutive year. Chairman Greer, on behalf of the Board, presented the plaque received by New Hanover County to the Budget Director, Cam Griffin, and members of the Budget Staff, Toni Leeuwenburg, and Sue Jaindl. He congratulated the Budget Director for receiving this honor for four (4 ) consecutive years and expressed appreciation to the department for an outstanding job performed in preparing the annual budgets. A round of applause was given to the Budget Director and Staff. PRESENTATION OF THE "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" TO THE FINANCE DEPARTMENT FOR FISCAL YEAR ENDING JUNE 30, 1994 County Manager O'Neal announced that notification had been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has complied with the rigorous standards established by the GFOA and has been awarded the "Certificate of Achievement for Excellence in Financial Reporting" for the fiscal year ended June 30, 1994. Chairman Greer, on behalf of the Board, presented the "Certificate of Achievement for Excellence in Financial Reporting" to Finance Director, Bruce Shell, the Deputy Finance Director, Julianne Griffin, Purchasing Agent, Amy Akin, and Sue Jaindl. He announced the County has received this outstanding honor for the past thirteen years and reported Finance Director, Bruce Shell, received the award during his first year as the County's Finance Director. Congratulations were extended to the Finance Director and employees of the department for receiving this honor. A round of applause was given to the Finance Director and Staff. CONSIDERATION OF A RESOLUTION REGARDING THE PROVISION OF URBAN SERVICES WITHIN THE URBAN SERVICE DISTRICT OF PROPOSED CONSOLIDATED GOVERNMENT Chairman Greer reported the City of wilmington had adopted a resolution to establish an urban service district on July 1, 1997, to provide uniform urban services throughout the district, which is the current City of wilmington and the unincorporated area of the County, within one year. He stated the County has been requested to adopt a similar resolution, and he requested direction from the Board. Discussion was held on whether a resolution was necessary since the consolidated government would be required to comply to State Law regarding the provision of services to the urban service district. vice-Chairman Mathews requested an explanation of the request by the County Attorney and inquired as to whether this action was necessary? County Attorney Copley responded the resolution adopted by the City basically states that the consolidated government will comply to the law as written and that when the urban service district is established, the government will provide the services needed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 43 After further discussion, the Board agreed it was not necessary to adopt a similar resolution because the consolidated board would have to comply with the State law. No action was taken. CONSIDERATION OF OPTIONS RELATED TO THE CONSTRUCTION BIDS RECEIVED FOR THE DEPARTMENT OF SOCIAL SERVICES (DSS) EXPANSION AND APPROVAL OF BUDGET AMENDMENT #96-16 Deputy County Manager, Andrew J. Atkinson, advised that bids had been received on the DSS expansion and reported there was a difference of $46,000 to complete the entire expansion, which includes the 3,700 square feet of shelled- in office space. He requested the Board to approve the associated Budget Amendment and the financing plan contingent upon approval by the Local Government Commission. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to award the contract for the DSS expansion including completion of the 3,700 square feet of open office space, at a cost of $1,082,080, which includes a 5% contingency. Commissioner Caster requested the Deputy County Manager to explain the financing mechanism. Deputy County Manager Atkinson responded that after re-bidding the project, bids were received at approximately $71,000 less; therefore there was only a difference of $46,000 to complete the entire expansion. The project will be financed at $890,000 for a period of five years by applying the $292,258 already available in the current FY 1995-96 Budget to the project. The County will receive reimbursement for 50% of all the interest paid each year, and the cost of the building will be depreciated on an annual basis for approximately thirty years. Amended Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to amend the motion to include that financing of the project must be approved by the Local Government Commission. Commissioner Caster commented on the outstanding job performed by the DSS Director and his department, but expressed concern for receiving bids over the projected cost. He stated that all bids were coming in above the projected cost, and in his opinion, school construction should take priority over the DSS expansion. Chairman Greer reported, for the record, the Board did not decide to expand the DSS building, but was told by the State that the facility had to be expanded. Upon vote, the MOTION TO AWARD THE DSS EXPANSION CONTRACT AT A COST OF $1,082,080 CONTINGENT UPON THE FINANCING OF THE PROJECT BEING APPROVED BY THE LOCAL GOVERNMENT COMMISSION CARRIED AS FOLLOWS: voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Commissioner Caster Commissioner Caster stated, for the record, he was not against the DSS expansion, but he was opposed to the endless amount of money to pay for this program. Commissioner Barone stated, for the record, she was not being critical of the DSS Director or Staff, who in her opinion perform an outstanding job, but she was opposed to the never ending drain on the taxpayers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 44 Motion: Commissioner Sisson MOVED, SECONDED by Mathews to approve the following Budget Amendment. MOTION CARRIED AS FOLLOWS: Vice-Chairman Upon vote, the voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Commissioner Caster Budget Amendment #96-16 - DSS Expansion Capital Project Debit Credit DSS Expansion Installment Loan Proceeds Operating transfer in (General Fund) $165,005 $292,258 DSS Expansion Capital Project Expense $127,253 General Fund Non-Departmental Installment Payments $292,258 Transfer to Other Funds Transfer to DSS Expansion Capital Project $292,258 Discussion was held on welfare reform. County Manager O'Neal reported it appears that counties will become responsible for complying to the increased eligibility requirements and tracking of welfare recipients, which will create the need for additional employees and computers. Also, counties could become involved in the employment programs that will be extremely costly and create another level of administrative duties in the Department of Social Services. BREAK Chairman Greer called a break from 7:10 P.M. until 7:32 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY WILLIAM AND KATHERINE DEPUYDT TO ESTABLISH A CHILD DAY CARE CENTER HOUSING UP TO 100 CHILDREN AT 6801 CAROLINA BEACH ROAD Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Director of Planning Katherine Depuydt W. Lee Miles Jean Griffin Planning Director, Dexter Hayes, reported the Planning Board voted 5 to 2 to recommend approval of the petition and site plan as submitted contingent upon the entrances to the property being equipped with turn lanes and road tapers pursuant to standards of the N. C. Department of Transportation. Members in opposition felt development of the site would create traffic safety problems, especially for northbound vehicles along Myrtle Grove Road, and the use would be disruptive to nearby residential uses. The following preliminary Staff findings were presented: General Requirement #1: materially endanger the proposed and developed approved based upon the The Board must find that the use will not public health or safety if located where according to the plan as submitted and following findings: A. The site is located in the Federal Point Volunteer Fire Department District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 45 B. Water and sewer would have to be provided from private sources. The feasibility of this use on a septic system is not known. C. The site has direct access to US Highway 421 (Carolina Beach Road) . D. No known quanti ties of hazardous materials would be needed to operate the center. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the zoning Ordinance based upon the following findings: A. Child day care is permitted by Special Use Permit in the R-15 District. This land is zoned R-15. B. Access to the site will be provided by an existing circular drive. This would permit pick-ups and drop-offs without backing into the street. C. A fenced play area is provided. D. A site identification sign encompassing 12 square feet is proposed. This is the maximum signage allowed for child day care centers fronting a major highway in a residential district. E. Adequate area is available on-site to meet minimum off- street parking requirements. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based on the following findings: A. The site is located in proximity to a convenience food store. B. Development along the road frontage in the general vicinity is sporadic, consisting mostly of scattered residential uses and small businesses. C. This site fronts directly on a major highway and is in the southeast corner of an intersection formed by that highway and Myrtle Grove Loop Road. General Requirement #4: The Board must find that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with plan of development for New Hanover County based on the following findings: A. There is no real definable land use pattern in the area, though most of the area is zoned for residential uses. B. A convenience store (Special Use Permit) is located just north of the property in the northern intersection of US Highway 421 and the Myrtle Grove Road. Planning Director Hayes reported after discussing the required turn lanes with the local N. C. Department of Transportation (NCDOT) office, this agency is not sure turn lanes will be required because the property does have access to Myrtle Grove Road and Carolina Beach Road. Also, there is a crossover at the entrance to Myrtle Grove Road that provides access to the day care center for people heading south. The condition to require turn lanes may not be necessary under NCDOT standards. After further discussion, the Board requested Staff Planner, Pete Avery, to present slides of the site. Slides were presented NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 46 with a map reflecting the exact location of the site and major thoroughfares that access the site as well as pictures of the surrounding areas. Commissioner Barone inquired as to whether the large oak trees would remain on the property? Staff Planner Avery responded the applicant plans to retain as many trees as possible. Chairman Greer inquired as to whether the petitioner would like to comment. The following remarks were received. Ms. Katherine Depuydt, the petitioner, reported she and her husband had been in the child education field for approximately 33 years with a quality program offered to the children. She advised the Board that this site was selected because she felt it was a perfect location for the day care center. As to the oak trees, they will be preserved if at all possible. Commissioner Sisson asked Ms. Depuydt if she would have a problem designating the preservation of the oak trees on the site? Ms. Depuydt responded she would not have a problem with designating preservation of the trees as long as they did not interfere with the licensing process. Commissioner Caster commented on the requirement for turn lanes and inquired as to whether this would make a difference in the plans for the site? Ms. Depuydt advised that if turn lanes are required, it would not be financially feasible to establish the day care center. Chairman Greer asked Ms. Depuydt if she concurred with the Staff findings as presented? Ms. Depuydt concurred with the findings as presented. Chairman Greer inquired as to whether anyone from the general public would like to speak. Mr. G. Miles, a representative of the pioneer Real Estate Company, pointed out that a turn lane onto the Myrtle Grove Road was already in place, therefore, the possibility of more accidents should not be a problem. Also, a tremendous amount of work and planning had gone into establishing the day care center. The Commissioners were requested to approve the Special Use Permit. Mr. Wilbur Davis, a resident of 615 piner Road and co-owner of the Davis property marked "I" on the map presented in the agenda packet, reported the residents of the area were aware of the need to provide quality day care centers, but they do not feel the center should be placed on the proposed site. Concern was expressed for reducing the value of surrounding residential properties, detracting from the rural community atmosphere, opening the door to future commercial uses, and creating a hazardous traffic problem at an already crowded intersection where numerous accidents have occurred. He requested the Commissioners to deny the issuance of the Special Use Permit, and he requested the persons in opposition to stand. Commissioner Caster asked Mr. Davis what type of structure was on his property? Mr. Davis responded a 2,200 square foot home. Discussion was held on whether tune lanes would be required by the NCDOT. Planning Director Hayes explained that no definitive answer was received from NCDOT; however, with entrances to the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 47 property from Carolina Beach Road and Myrtle Grove Road, the turn lanes may not be required. Commissioner Sisson expressed concern for persons traveling south on Carolina Beach Road and the problems that would be experienced with the u-turn on to Myrtle Grove Road. He reported, in his opinion, crossing over the Carolina Beach Road at this intersection would create an extremely hazardous traffic situation. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED to grant the Special Use Permit as recommended by the Planning Board. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to deny issuance of the Special Use Permit based upon the evidence presented concluding that motorists entering and exiting the site would jeopardize the public safety. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer voting Nay: Vice-Chairman Mathews A copy of the order denying 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 SUBSTITUTING THE WORD "URBAN TRANSITION" FOR THE WORD "TRANSITION" IN THE ZONING ORDINANCE TO BRING IT INTO COMPLIANCE WITH THE 1993 LAND USE PLAN Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the changes as suggested by Staff. The purpose of the amendments is to bring the zoning Ordinance up-to-date with terminology adopted with the 1993 Land Use Plan Update. The word "Transition" was replaced by the words "Urban Transition" and "Limited Transition" in the zoning Ordinance to define how residential density is allocated throughout the County. The classification is used to determine height limits in certain areas of the County. There was a recent challenge by an attorney and developer concerning the location of a high density project on Carolina Beach Road, south, which brought this matter to the attention of the Planning Board. No other projects have been submitted that were not consistent with the Land Use Plan. Commissioner Barone inquired as to whether the density factor had been changed. Planning Director Hayes responded the density factor had not been changed. Chairman Greer asked what would happen if the Board did not approve the Text Amendment? Planning Director Hayes responded without changing the ordinance, a high density plan, such as the one proposed on Carolina Beach Road, south, would be approved. Commissioner Sisson advised that unless some form of control for high density development is adopted, these plans should be approved by the Board of County Commissioners instead of the Technical Review Committee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 48 Chairman Greer inquired as to whether anyone from the general public would like to comment. Mr. Bill Grathwol, a local developer, reported the proposed Text Amendment means that if the land is not classified under the Land Use Plan as Urban Transitional, the land cannot be considered for higher density. In other words, R-10 petitions could not be submitted to the Planning Board, such as the recently approved petitions for Dallas Harris and the property on Gordon Road, which was classified transitional. The ordinance now states that if a developer is willing to install the infrastructure to support R-10, such as water and sewer, consideration would be given to the R-10 rezoning request. The proposed Text Amendment would preclude this type of petition. Planning Director Hayes responded the plan would not preclude petitions for R-10 zoning. The Land Use Plan does not state that densities in the transition area cannot be greater than 2.5 units per acre. The plan states that the density "should" not be greater than 2.5 units. The plan allows R-10 petitions to be considered if the infrastructure needs have been met. County Attorney Copley advised that the term, should not, was not a prohibition. Commissioner Sisson commented on the need for the ordinance to be in compliance with the Land Use Plan and recommended adoption of the Text Amendment in order to provide the necessary control of high density projects. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson, to approve the Text Amendment as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews voting Nay; Commissioner Barone Chairman Greer A copy of the Text Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 3. PUBLIC HEARING TO CONSIDER NAMING AND ASSIGNING HOUSE NUMBERS TO A PRIVATE ROAD, LOCATED IN THE 7000 BLOCK OF CAROLINA BEACH ROAD Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the unimproved and unnamed road was located in the 7000 block of Carolina Beach Road. The 15-foot easement extends 3,300 feet to the Intracoastal Waterway and provides access to approximately 12 residences, most of which currently use a Carolina Beach Road address. Based on a petition circulated by one of the residents, a majority agree with Bozeman Road as an acceptable street name. House numbers will be assigned based on the County's numbering grid system. The County will be responsible for installing a street sign if the road name is adopted. The effective date of the change for the residents is slated for December 4, 1995. Chairman Greer inquired as to whether anyone from the general public would like to comment. Mr. Kevin Hardison, a property owner at the end of the road, requested the Board to name the private road because of a problem experienced when his father had a heart attack and the emergency ambulance could not find the road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 49 Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster, to approve naming the private road to Bozeman Road and authorize Staff to assign house numbers effective December 4, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the orders naming the road and assigning the house numbers are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 3. PUBLIC HEARING TO CONSIDER AN APPEAL ON THE CONNECTION OF TREYBROOKE DRIVE INTO SANDS HILL DRIVE IN THE MILLBROOK SUBDIVISION Chairman Greer opened the Public Hearing. Ms. Tamara Gilad requested the Board to prevent the connection of Treybrooke Road, the new road being cut from Masonboro Loop Road to Sands Hill Drive, which is now a cul-de-sac, because of the following reasons: (1) Sands Hill Drive will provide a third Treybrooke Subdivision, which already has points; directly to Masonboro Loop Road and Subdivision to Navaho Trail. access point to two other access through Evergreen (2) Kelly Road has already become a major access route to Millbrook with surrounding subdivisions. People will perceive Kelly Road as an access road, which will become a traffic hazard to the Millbrook Subdivision. The main exit should be on Masonboro Loop Road, which can accommodate the traffic. (3) Kelly Road is a small narrow road and cannot accommodate the traffic. Planning Director Hayes presented a map of the area and reported the circulation of traffic does not stem from the Treybrooke development but from larger problems because of non- connections and traffic collector roads that were not made in the past throughout this area. He advised the Board that South College Road, Masonboro Loop Road, Masonboro Sound Road, and Beasley Road were the main thoroughfares in this part of the County. Due to a lack of connector roads, Kelly Road has received the brunt of the traffic in a north/south direction. The Planning Staff has been trying to provide additional access points off of Kelly to provide other avenues for travel to reduce the traffic on Kelly Road. In summary, Staff feels the connection of Treybrooke Drive into Sands Hill Drive will provide a better east/west traffic flow in the area. Discussion was held on providing adequate access for emergency vehicles. Commissioner Barone commented on the importance of response time and expressed concern for the inability of emergency vehicles to respond to a heart attack victim or fire with the existing cul-de-sac. Commissioner Sisson expressed concern for allowing development to occur without adequate traffic connectors and stated this was an example where roads should have been made as part of the site plan before the development was approved. He expressed concern for the Planning Board not adhering to the County road policies and stated unfortunately, the residents living on Kelly Road were receiving the increased traffic volume. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. David Page, a resident of 111 Kelly Road (the corner of Kelly and Beasley Roads), strongly opposed the connection of Treybrooke Drive to Sands Hill Drive because of the existing traffic on Kelly Road. He reported on the numerous times the stop NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 50 sign on the corner had been knocked down, the damage to the concrete drainage curbing because of being crushed by vehicles, and the amount of existing traffic that is now a hazard to the residents living on Kelly Road. He disagreed with the logic that making the connection from Sands Hill Drive to Treybrooke Drive would reduce the traffic on Kelly Road. He stated, in his opinion, this connection would provide a perfect short-cut between Masonboro Loop Road and Beasley Road, which would increase the traffic. Mr. Chad Hartwell, a resident of 209 North Hampton Road, advised the Board that the entrance from Beasley Road to Kelly Road was a bus stop for 30 children and stated increasing the traffic on Kelly Road would create a public safety problem for these children. As to emergency vehicles entering the subdivision, he had never seen any problems experienced with responding to an emergency situation or fire. The Commissioners were requested to deny the request and allow the cul-de-sac to remain at the end of Sands Hill Drive. Mr. Thomas Hobbs, a resident of 109 East Sands Hill Drive, reported on the numerous calls made to the N. C. Department of Transportation and County about drainage with no assistance received from either agency. He urged the Commissioners to provide some type of drainage plan for this area because of the problems being experienced with as much as four feet of standing water during heavy rainfalls. He, also, expressed concern for connecting Treybrooke Road to Sands Hill Road and stated traffic will increase on Kelly Road, which is already too narrow to handle the current volume of traffic. The Commissioners were requested to deny the request. Mr. Henry Zumpol, a resident of 111 Sands Hill Drive, expressed concern for the fast moving traffic on a narrow 20 foot road and reported this road was not capable of handling an increased traffic volume. As to overall access, nothing would be gained by connecting Treybrooke Road to Sands Hill Drive. The Commissioners were requested to deny the request. Ms. Edith Waltman, a resident of 106 Sands Hill Drive, commented on the drainage problems in the area and stated no problems had been experienced with emergency responses. She urged the Commissioners to leave the cul-de-sac in place at the end of Sands Hill Drive in order to avoid a traffic hazard throughout the Millbrook Subdivision. Assistant County Manager, Dave Weaver, reported if the connection is not allowed there will be 40 to 50 lots in the Treybrooke Subdivision that will have only one way in and out of the subdivision. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews stated from an emergency services point of view and from the information presented by the Planning Staff, he would MOVE to DENY the appeal and allow the connection between Treybrooke Road to Sands Hill Drive. The MOTION WAS SECONDED by Commissioner Caster. Commissioner Sisson inquired as to why the Tyndall Subdivision was allowed to be developed with no connector roads? Planning Director Hayes responded this was a decision of the Technical Review Committee and Planning Board approximately a year ago. Commissioner Caster commented on the same situation in the Lansdowne Subdivision and reported he had found as the area continues to develop with the opening of more roads, the traffic has been reduced on heavily traveled roads. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 51 Commissioner Sisson expressed sympathy for the residents of Kelly Road, but stated from an emergency point of view, he felt the connector was necessary. Upon vote, the MOTION TO DENY THE APPEAL AND ALLOW SANDS HILL DRIVE TO BE CONNECTED WITH TREYBROOKE DRIVE CARRIED AS FOLLOWS: voting Aye: Commissioner Caster Commissioner Sisson vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone 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 9: 00 P. M. until 9:04 P.M. to hold a Regular Meeting of the Water and Sewer District. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Flow Control Legislation County Manager O'Neal commented on flow control legislation introduced by U. S. House Representative Thomas Bliley and requested authorization to write a letter for the Chairman's signature to request Representative Bliley to place this legislation back on the calendar as well as support the legislation. Copies of the letter are to be forwarded to the N. C. Congressional Delegation. Consensus: Manager to legislation. It was prepare the consensus of the Board for the County the letter of support for flow control Work First Waiver Package County Manager 0' Neal advised that information had been received from the N. C. Association of County Commissioners concerning the Governor's "Welfare Reform Proposal Wavier" and he reported counties were being requested to respond or comment by October 20, 1995. He stated, if agreeable, this item would be placed on the agenda for October 16, 1995. Chairman Greer requested the County Manager to secure a copy of the one-page affidavit that is to be signed by persons participating in the program so this form can be reviewed by the Board. He expressed concern for the wording used in the waiver not being strong enough to require all participants to make a bona fide effort to obtain a job. After further discussion, the County Manager was directed to place this item on the agenda for October 16, 1995. Discussion of Quarterly Newsletter from the Wrightsboro Volunteer Fire Department County Manager O'Neal advised the Board that a copy of the quarterly newsletter from the wrightsboro Volunteer Fire Department had been faxed to his office, and he reported the figures quoted for homeowners insurance were incorrect and misleading to the public. Commissioner Sisson responded the entire document was misleading and untruthful, and in his opinion, this document was not representative of the other six Volunteer Fire Departments. Breakfast for Students from Doncaster, England County Manager 0' Neal reminded the Commissioners of the breakfast scheduled for October 23, 1995, at 8:30 A.M. in the Assembly Room of the New Hanover County Courthouse for the students from Doncaster, England. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 2, 1995 BOOK 25 PAGE 52 Discussion of Cafeteria Expansion - Ogden Elementary School Commissioner Sisson reported since the late construction penalty had been assessed daily to the contractor, the work has improved and the project is moving much more quickly. ADJOURNMENT Chairman Greer adjourned the meeting at 9:15 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board