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HomeMy WebLinkAbout1995-11-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 78 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 6, 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, Assistant County Attorney, Kemp Burpeau, and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend John D. Arent, Pastor of the Christian Missionary Alliance Church, gave the invocation. vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer opened the floor to the public and asked if anyone attending the meeting 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: Request for Assistance to Residents Living on Golf Courses Mr. John v. Metts, III, a property owner living on the golf course at Echo Farms, expressed concern for the problems being experienced with stray golf balls coming through his window, hitting his car, and creating a fear of allowing his seven-year old child to play in the yard. He reported he had appeared before the City Council with no assistance given to addressing the problem; therefore, as a citizen of the County, he was asking the Board of County Commissioners to provide some form of relief to persons who live on fairways and greens around golf courses throughout New Hanover County. Assistant County Attorney, Kemp Burpeau, advised that the Board may want to present this concern to the Board of Health as a public safety issue. Commissioner Sisson commented on this being a valid concern throughout the County and suggested working with the City to prepare a joint ordinance to address this matter. Consensus: After further discussion, it was the consensus of the Board to authorize the Chairman to present this matter to the Board of Health and write a letter to the Mayor of the City of wilmington and members of the wilmington City Council to see if a joint ordinance can be prepared on a county-wide basis to provide some type of protection to homeowners living adjacent to golf courses. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Item #9 for further discussion. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the Consent Agenda items as presented with the exception of Consent Agenda Item #9. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Caster Commissioner Sisson vice-Chairman Mathews Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 79 voting Nay: Commissioner Barone Commissioner Barone stated, for the record, she voted no because she did not support the expansion of the DSS Building. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Work Session held on October 12, 1995, and the Regular Meeting held on October 16, 1995, as presented by the Clerk to the Board. Acceptance of Low Bid Offered by Paragon Construction for the Maritime Pavilion Project at the Cape Fear Museum The Commissioners accepted the low bid of $157,750 submitted by Paragon Construction for the Maritime Pavilion project at the Cape Fear Museum. The County Manager was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval of Revisions to the Contract Policy for New Hanover County Due to recent changes in the General Statutes pertaining to bidding and public contracting, the Commissioners amended the New Hanover County Contract Policy to comply with State Law. A copy of the amended Contract Policy is on file in the Finance Department. Approval of Salary Increase for Members of the New Hanover County Board of Elections After reviewing the difference in the salary of the Chairman of the Board of Elections, at $4,109, the Commissioners approved a salary increase for the members of the Board of Elections from $1,608 to $2,500. Approval of Agreement (Contract #96-0142) Between New Hanover County and Cape Fear Community College for Conveyance of the 700 Front Street Property The Commissioners approved a contract between New Hanover County and Cape Fear Community College to convey the title of the 700 Front Street property to the College in 1999. In order for the College to expend state monies for site planning, preparation, and development, the County must contractually agree to convey the property. Since the property was financed by the County, the title has to be retained by the County until the mortgage debt is retired in 1999. A copy of the agreement is on file in the Legal Department. Approval of Standard Carolina Power & Light Company Utility Easement (Contract #96-0139) for the provision of Electricity to Ogden Park The Commissioners approved the standard Carolina Power & Light Company utility easement for the provision of electricity to Ogden Park. The Chairman was authorized to execute the contract documents. A copy of the easement agreement is on file in the Legal Department. Adoption of Resolution as Requested by First Union National Bank of North Carolina for Installment Financing of the Department of Social Services (DSS) Building Expansion The Commissioners adopted a resolution authorizing the execution of an installment financing contract with First Union National Bank of North Carolina for the DSS Building Expansion. The Chairman was authorized to execute the contract documents. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 80 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 5. Approval of Budget Amendment #96-0060 - Health Department/Project Assist The Commissioners approved the following Budget Amendment: 96-0060 Health Department/Project Assist Debit Credit Health Department/Prolect Assist Contributions $500 Contracted Services $500 Purpose: To budget a contribution for speakers at the "Stop" Workshop. Approval of Budget Amendment #96-18 - Federal Forfeited Property Capital Project The Commissioners approved the following Budget Amendment: 96-18 Federal Forfeited Property Capital Project Debit Credit Federal Forfeited Property Federal Forfeited Property $2,609 Federal Forfeited Property Supplies $2,609 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-21 - Parks Capital Project Debit Credit Parks Capital Prolect Interest $39,870 Parks Capital Prolect Other Improvements $39,870 Purpose: To budget interest earned on the project. These funds will be needed to award future contracts. Approval of Budget Amendment #96-0065 - Library The Commissioners approved the following Budget Amendment: #96-0065 - Library Debit Credit Library State Aid to Public Libraries $18,727 Books & Periodicals $18,727 Purpose: To budget additional State Aid funds for the purchase of books. Approval for Establishment of Fire Services Administration Department, Approval of New Fire Services Administrator Position, and Approval of Budget Amendment #96-0067 The Commissioners approved the establishment of a Fire Services Administration Department and new Fire Services Administrator position. The new position will be responsible for administration of the County Fire Service Program as well as supervising five existing positions currently under the Inspections Department. The position will be assigned to Pay Grade 205 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 81 beginning at a salary level of $36,525 to $55,474 with funding of the position from the Fire Service District tax. The following Budget Amendment was approved to transfer the funds from the Fire Service District to the General Fund for the Fire Services Administration Department to operate for six months: #96-0067 Fire Service District/Fire Services Administration Department Debit Credit Fire Service District Contingencies $45,123 Transfer to the General Fund $45,123 Fire Services Administration Department Transfer In (from Fire Service District) $45,123 Salaries & Wages FICA Medical Insurance Telephone Postage Printing Fuel & Supplies Capital Outlay - Equipment Motor Vehicle Purchases $16,860 1,290 1,773 500 100 300 300 6,000 18,000 APPROVAL OF CONSENT AGENDA #9, REVISIONS TO THE NEW HANOVER COUNTY PUBLIC ACCESS POLICY - MIS DEPARTMENT Discussion was held on the last sentence in Paragraph 2, on Page 1 under Policy Coverage, which would prevent public access to some computerized draft records. County Manager O'Neal reported the intent of the sentence was not to keep information from the public but to protect the public from obtaining inaccurate or incomplete data. Further discussion was held on whether the sentence could be deleted. Assistant County Attorney Burpeau reported the media had obviously perceived the last sentence to be broadly applied, which was not the intent of the statement; however, since the State Statute does not address works in progress, the sentence could be deleted. Commissioner Barone advised that she felt the statement should remain in the policy as long as there was no liability to the County. She stated, for the record, she would not pander the news media. Motion: After further discussion, Commissioner Sisson MOVED, SECONDED by Chairman Greer to approve Consent Agenda # 9 with deletion of the last sentence in Paragraph 2, Page 1 under Policy Coverage, which reads as follows: "Work in progress, such as preliminary data, draft reports and emerging results are not considered public information until it has been presented for public discussion or dissemination." Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Commissioner Caster A copy of the revised policy is on file in the MIS Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 82 PRESENTATION OF STUDY FOR RELOCATION OF THE EMERGENCY MANAGEMENT DEPARTMENT AND EMERGENCY OPERATIONS CENTER Mr. Kevin Ratigan, a representative of Architects Design Group, Inc. of winter Park, Florida, reported the architectural firm had been commissioned to conduct a review of New Hanover County's existing Emergency Operations Center (EOC) and evaluate various options for building or modifying an existing structure to serve the Department of Emergency Management and Carolina Power & Light Company as well as other related emergency organizations. He presented charts showing the following space needs for the department until the year 2015: Existinq Area Phase I Current Needs 9,562 sq. ft. Phase II Year 2005 10,012 sq.ft. Phase III Year 2015 13,512 sq. ft. 1,350 sq.ft. The following facilities were considered and discussion was held on the advantages and disadvantages of each location: 1. Old National Weather International Airport. Service Building wilmington 2. New Hanover County Library, Third Floor - Downtown wilmington 3. Emergency Medical Services Building - Downtown wilmington 4. New Hanover County Law Enforcement Center wilmington Downtown After a complete review of the facilities, two alternatives were developed as follows: 1. Alternate A: New, Stand-Alone Facility on County Property 9,562 sq. ft. @ $135/sq.ft. Site Development Costs Landscaping Furnishings Subtotal $1,290,870 200,000 55,000 85,000 $1,630,870 Professional Fees 163,087 Total Cost $1,793,957 2. Alternative B: Adaptive Reuse of Emergency Medical Services Building: Construction of Interior Improvements 2,680 sq. ft. @ $85/sq. ft. $ 227,800 Construction of Exterior Elements Site Development Costs Landscaping Furnishings Emergency Generator Subtotal 57,000 7,500 15,000 85,000 48,000 $ 440,300 Professional Fee 52,822 Total Cost $ 493,122* *Note: Cost associated with Phase II, i.e., the occupancy of Community College space is not included in this estimate. In summary, the second floor of the Emergency Medical Services Building was considered the most appropriate and cost-effective solution for the Emergency Operations Center. The building is located in the downtown area and is convenient for joint use by NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 83 Carolina Power & Light Company, the Sheriff's Department, Emergency Medical Services, and other emergency agencies. The facility is a reinforced concrete structure that appears to be strong with quality renovations. The building is a split level facility with an entrance at street level and an entrance at the upper level. A chart was presented reflecting the proposed renovations to the EMS Building for relocating the Emergency Management Department and Emergency Operations Center. Carolina Power & Light Company has committed to a funding participation as well as provide in-kind services if the company co-locates with the County. If this occurs, the County should negotiate with Carolina Power & Light Company for operating the center. Since the County may receive funding from FEMA, discussion should be held about funding participation with the municipalities and other agencies that will be using the facility during emergencies. Commissioner Barone complimented Mr. Ratigan for an excellent report. Discussion was held on the relocation of the Print Shop. County Manager O'Neal reported the Print Shop would be moved to Property Management on Division Drive. Commissioner Barone expressed concern for moving the Print Shop from the downtown area and stated for convenience, the Print Shop should remain downtown. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to accept the architect's proposal for using the Emergency Medical Services Building and direct Staff to proceed with the design of the facility. The floor was opened to discussion. Chairman Greer responded he did not mind accepting the plan or concept; but he was opposed to moving forward with the design until the cost and funding were thoroughly discussed and the relocation of the Print Shop was decided. Amended Motion: Vice-Chairman Mathews AMENDED THE MOTION to approve the recommendation and concept for relocating the Emergency Management Department and the Emergency Operations Center to the EMS Building with a full report from staff on the cost and funding of the project, the proposed relocation of the Print Shop, the scheduling of the Nursing Program until the new building is completed by Cape Fear Community College and any other matters that may be affected by the relocation before moving forward with the design. Commissioner Sisson SECONDED THE AMENDED MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF COMPREHENSIVE DRAINAGE STUDY FOR NEW HANOVER COUNTY Assistant County Manager, Dave Weaver, presented the following framework for a comprehensive drainage study for New Hanover County: A. Meet the following objectives: (1) drain water away from new development; (2) prevent flooding of existing downstream development; and (3) minimize stormwater runoff pollution impacts. B. Integrate standards with existing State, County and City standards. C. Modify standards, if necessary, to fit the needs of individual basin-specific plans. II. Delineate the County into appropriately-sized basins. III. Select one basin, such as Pages Creek, to develop a specific model basin plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 84 A. Analyze existing runoff/drainage characteristics, including land-use, soils, and drainage network. B. Analyze potential impact on drainage under "build-out" conditions. C. Develop plans for regional County drainage facilities in the basin to meet drainage objectives under "build-out" conditions. D. Design facilities and establish new development standards to improve existing run-off conditions in conjunction wi th the State's "Use Restoration Waters" (URW) classification. The URW classification seeks to establish basin-specific strategies of regulatory and voluntary initiatives to attain previous levels of water quality, such as re-opening of shellfish beds. E. Examine options for financing the model basin plan, such as assessments, establishment of a utility district, monthly fees, and impact fees. Discussion was held on developing a Request for Proposals to be sent to the engineering firms. Chairman Greer reported he felt a study should be performed on one basin, not the entire County and, he expressed concern for spending $100,000 for this type of study. Assistant County Manager Weaver advised that Staff had recommended performing a study on one basin with two areas being addressed: (1) the development of standards for new subdivisions, such as swales and retention ponds on site with 10 to 20-year storm designs; and (2) development of a regional plan for existing drainage areas, such as Pages Creek. Chairman Greer commented on the complexity of the issue and recommended hiring an expert to study the area and make recommendations as to the route that should be followed by the County in developing a drainage plan. Commissioner Sisson expressed concern for leaving the citizens at the mercy of development. He recommended developing some interim regulations, such as on-site retention ponds or swales, to keep discharge from flooding established areas when new development occurs. He referenced NorthChase and strongly objected to allowing another situation of this type to occur in the County. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to direct Staff to establish interim standards that will prevent the flooding of existing development from new development with the standards remaining in place until the County develops a drainage strategy. voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews voting Nay: Chairman Greer A lengthy discussion was held on how to proceed with a drainage study. Chairman Greer, again, reminded the Board that at the last Work Session it was decided to study one basin. Motion: After further discussion, Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to request Staff to prepare a Request for Proposals to perform a study of one basin with development of a specific model basin plan that will meet the following objectives and can be used as a foundation for other basin plans: (1) drain water away from new development; (2) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 85 prevent flooding of existing downstream development; and minimize stormwater runoff pollution impacts. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF PRIORITY LIST OF THE N. C. DEPARTMENT OF TRANSPORTATION Ms. Mary Tinga, a resident of the Castle Hayne Community, expressed concern for the severe impact to the wrightsboro and Castle Hayne areas if the Southern Alternative is selected by the N. C. Department of Transportation for the US Highway 17 Bypass, or if the Castle Hayne Road is widened to four lanes. She urged the Commissioners to take time to consider the history of this area before moving forward with a transportation plan that will totally destroy the value of this historic community. Ms. Trudy van Luyn, a resident of Holland Drive, reported New Hanover County, including the City of wilmington, was at a critical juncture in its modern history. As residential and commercial development continues to grow, the concept of advance planning becomes a critical issue. Advance planning not only calls for looking ahead but begs for vigilance on the part of the Commissioners, the Planning Staff, and general public. If the Southern Alternative is approved by the State, there will be a peninsula between the Atlantic Ocean and the Cape Fear River that will be one massive shopping mall interspersed with residential areas and a system of roads that uses up what little space is left. Our desire to invite tourists and retired people to the area will do us no good when the charm is gone, when the aggravation is greater than the enjoyment and when established communities and effective travel routes are sacrificed for growth. The Commissioners were requested to be assertive, as done earlier this year when rescinding support for the Southern Alternative, and send a copy of the resolution to the Transportation Advisory Committee and request that the N. C. Department of Transportation reconsider its current plans and select a more northern route for the US Highway 17 Bypass that will truly serve the area. Discussion was held on the request by the Transportation Advisory Committee for a meeting to be held with the consultants and N. C. Department of Transportation Staff in the wrightsboro area to discuss the concerns about the proposed Southern Alternative. Commissioner Barone asked if a meeting had been held? Ms. van Luyn responded that a meeting had not been held. Commissioner Barone advised that she would check into this matter and see that a meeting was arranged. A lengthy discussion was held on the Priorities List and the fact that the members of the Transportation Advisory Committee were knowledgeable on the transportation needs for the City and County. It was generally agreed that the Board should support the recommendations of the Committee in developing the Priorities List. Commissioner Sisson expressed concern for the lack of planning in advance for future transportation corridors and stated if the County could reserve rights-of-way, it would greatly assist everyone in addressing transportation needs. He agreed with the remarks made by Ms. van Luyn and recommended informing the members of the Transportation Advisory Committee and Secretary of Transportation, Garland Garrett, about the Board's opposition to the proposed Southern Alternative. Consensus: After discussion, it was the consensus of the Board to accept the recommendations of the Transportation Advisory Committee in preparing and submitting the Priorities List update to the N. C. Board of Transportation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 86 Consensus: After further discussion, the Chairman was authorized to write a letter to the members of the Transportation Advisory Committee and the Secretary of Transportation, Garland Garrett, urging both agencies to consider a more northerly route for the US Highway 17 Bypass that will not disturb well-established, historic neighborhoods. BREAK Chairman Greer called a break from 8:05 P.M. until 8:22 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN AND GLADYS BARNES FOR ISSUANCE OF A SPECIAL USE PERMIT TO REVISE THE PRELIMINARY PLAN FOR THE MARKET STREET MOBILE HOME PARK BY ADDING FIVE SPACES (S-383, 11/95) Chairman Greer opened the Public Hearing and announced that 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: Planning Director, Dexter Hayes Gladys Barnes Larry H. Barnes Planning Director, Dexter Hayes, reported that John and Gladys Barnes had requested a revision to the preliminary plan for the Market Heights Mobile Home Park by adding five spaces. He reported the preliminary plan was approved by the New Hanover County Planning Commission on October 2, 1972, for ten spaces. Currently all ten spaces are occupied and the petitioners would like to expand the park to accommodate five additional units; however, due to a change in the County's setback regulations since the park was established, only two spaces can be approved. 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. Potable water is provided by an on-site well. Sewer is provided by New Hanover County. B. The site has access to Market Street via an existing 30- foot side easement. C. The site is located in the Ogden Volunteer Fire Department District. 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. The site is zoned R-15. Mobile home parks are permitted by Special Use Permit in this district. B. All existing lots in the park equal or exceed 10,000 square feet. The minimum lot size required for new spaces is 5,000 square feet. The additional five spaces would reduce the original area of lots 2, 3, 4, 10 and probably 16. C. The 75-foot setback required along the perimeter cannot be met for units 12, 13, and 14. with some minor revisions, it appears the only units that would be able to meet the requirements of the Ordinance would be units 11 and 15. The 75-foot perimeter setback does not apply to Lot 11. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 87 D. Adequate area is available to ensure that the minimum lot width and other dimensional setbacks are met. E. The units would be served by County sewer. Water will be from an on-site well. F. No specific buffering would be required. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. The units would be located in a mobile home park that has been in existence since 1972. The expansion can be accomplished within the existing park boundary. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. Land to the northwest is zoned commercial. B. The units would be located in an existing approved mobile home park. Commissioner Caster inquired as to where the units would be placed? Planning Director Hayes responded on Lots 11 and 15. Chairman Greer inquired as to whether the petitioner would like to comment. The following remarks were received. Ms. Gladys Barnes, the petitioner and owner of the Market Street Mobile Home Park, requested the Commissioners to approve the Special Use Permit to allow as many units as possible to be placed in the Mobile Home Park. She commented on increased costs and reported the additional units would bring in enough money to keep her from raising the rent and losing many of her tenants who are working mothers with young children. Mr. Larry Barnes, the son of Ms. Barnes, reported the property had been purchased with the anticipation of placing 15 spaces on the land; however, due to a change in zoning regulations, only two spaces can be granted. He requested the Commissioners to approve the Special Use Permit and grant two additional spaces. Chairman Greer asked Ms. Barnes if she agreed with the Staff findings as presented by the Planning Director. Ms. Barnes concurred with the findings as presented. Chairman Greer inquired as to whether anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the Special Use Permit granting the addition of two additional spaces for the Market Heights Mobile Homes Park based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the zoning Ordinance; the use will not substantially injure the value of adj oining or abutting property, or that the use is a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 88 public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 13. PUBLIC HEARING TO CONSIDER A REQUEST BY CEDAR ISLAND NORTH ASSOCIATES TO CONSTRUCT A SEVEN SLIP COMMUNITY BOATING FACILITY IN THE CEDAR ISLAND NORTH SUBDIVISION AT THE END OF SEAMIST COURT (S- 381, 10/95) Chairman Greer opened the Public Hearing and announced that 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: Planning Director, Dexter Hayes william Steve Morrison Hugh (Sandy) McEachern Frank Gibson McKinley D. Dull John Baker Charles Link John Byrnes Planning Director, Dexter Hayes, reported the Planning Board voted 5 to 2 to recommend denial of the applicant's request because of the following concerns: (1) Under the present zoning, the owners of Lots 2 and 5 can construct private piers in addition to the requested community boating facility. Also, Lot 1 already has a private pier and restrictive covenants which prohibits construction of private piers on Lots 6 and 7. (2) Because most of the lots have already been sold, the Planning Board felt those property owners should be included as parties to the application. The application simply lists the original developer as the applicant. with the exception of Lot 1 and 2, the remaining lot owners in the development were notified by the County. (3) Because Lot 1 does not front directly on Seamist Court, there was concern that the request would not comply to the zoning Ordinance which required each lot within the subdivision to have direct access to the facility via an easement appurtenant to it. (4) Other concerns were slip size, the potential blockage of a small channel traversing the adjoining marsh apparently used by an adjoining property owner, and the specific responsibilities of the Homeowner's Association for the maintenance and operation of the facility. Planning Director Hayes reported since the Planning Board meeting, the applicant has presented documentation to address some of the issues raised at the Planning Board meeting. The document enti tled "Agreement and Restrictive Covenants" delineates the following guidelines: (1) maintenance responsibilities and assessments for maintenance; (2) prohibits the conveyance or lease of slips to third parties: (3) provides for a pedestrian easement for Lot 1 across to Lot 2; and (4) precludes lot owners 2,3,4,5,6, and 7 from constructing a separate private pier. Lot 1 already has a private pier. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 89 Staff Planner, Pete Avery, presented slides showing the location of the pier and adjacent properties. 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. Docking and boating activities will be reviewed by State and Federal agencies. B. No special water and sewer services are needed to serve this use. C. The property is located in the Seagate Volunteer Fire District. 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. Community boating facilities are permitted by Special Use Permit in the R-20 District. This site is zoned R-20. B. The size and scope of the marina are small, which impacts on adjoining estuarine areas with a limited conservation area. C. Instead of a central off-street parking lot, the applicant has proposed to provide one space for each slip on the adjoining residential lots. D. The seven slips proposed do not exceed the number of adjoining residential lots. E. No commercial activities will be conducted. F. All lots will be conferred access to the facility. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. Water dependent uses, such as piers, boat ramps and marinas are commonplace for properties with water access. B. Adjacent properties have similar facilities. C. No CAMA permit will be issued if the proposed facility interferes with riparian rights of adjoining properties. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. There are other private community boating facilities nearby. B. Water related activities are encouraged within the Conservation areas of the County. Chairman Greer inquired as to whether the petitioner would like to comment. The following remarks were presented: Mr. Steve Morrison, an environmental consultant representing Cedar Island North Associates, reported the CAMA permit was being NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 90 reviewed by fourteen (14) State and Federal agencies for construction of a 7-slip community marina. He commented on the importance of protecting environmental resources and advised that a 7-slip marina would be more environmentally sensitive than allowing all of the property owners to construct individual private piers. He informed the Board that a marina under State regulations was defined as 11 or more slips; whereas, under County regulations a marina was defined as 5 or more slips. He presented pictures of the site and stated the 7-slip marina would greatly enhance the area and be more environmentally sensitive to this fragile land. Attorney Frank Gibson, representing the petitioner, Cedar Island North Associates, reported the "Agreement and Restrictive Covenants" document, which had been prepared since the Planning Board meeting, did address many of the concerns raised by adjacent property owners. The document provides for maintenance of the marina by the Homeowners Association; prohibits the conveyance or lease of slips to third parties, provides for a pedestrian easement for Lot 1 across to Lot 2; and prohibits lot owners 2, 3, 4, 5, 6, and 7 from constructing individual private piers. He reported the concerns of the residents have been addressed, and the use does comply with the conditions and specifications of the zoning Ordinance as well as enhance the area and protect the environmental resources. He informed the Board that the CAMA permit was near finalization and would not be issued if the marina should interfere with riparian rights of adjoining properties. He requested the Commissioners to grant the Special Use Permit as requested. Chairman Greer inquired as to whether anyone from the general public would like to comment. Mr. Sandy McEachern a resident of the Cedar Island North Subdivision, strongly objected to the proposed marina and presented a drawing showing the size of the marina and pier, which he felt was entirely too large for the area. He reported the use would not be in harmony with the area, and he expressed concern for devaluation of surrounding properties with this type of facility being located in the community which could be rented to unknown persons. Concern was also expressed for proper maintenance of the facility, and the Commissioners were urged to deny the Special Use Permit request. Mr. Charles Link, an adjacent property owner, expressed concern for an increase in traffic on the narrow road leading into the subdivision. He also expressed concern as to how rental of the slips would be enforced and the damage that would occur to existing piers by wakes created from large boats. The Commissioners were requested to deny the request for a Special Use Permit because it would not be in harmony with the area and would devalue the surrounding properties. Mr. John Byrnes, a resident of Seamist Road, commented on current traffic problems with the narrow road leading into the subdivision and reported additional traffic would become a severe problem to the entire community. He explained that the entire tract was tidal marsh land with very few buildable lots, and he expressed concern for the negative environmental impact that will occur with construction of the proposed marina. Concern was expressed for erosion, damage from boats with large wakes hitting the existing piers, increased traffic, and increased noise from a marina of this size with boats bumping against the docks day and night. He requested the Commissioners to deny the request for a Special Use Permit because the use would not be in harmony with the area and would devalue properties. Mr. John Baker, representing Cedar Island North Associates, informed the Board that the request was prepared with a great deal of concern for the adjacent property owners. He reported the CAMA permit was being finalized and stated that construction of one pier with seven slips would be much better than building several NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 91 individual piers. He urged the Board to approve the Special Use Permit as submitted. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to deny the request based upon the evidence presented not satisfying the first general requirement because access to Cedar Island was limited to a one-lane road leaving developed areas of the project with limited access, and the evidence presented did not satisfy the fourth general requirement since the proposed facility would not be in harmony with the area because of its size in comparison to smaller nearby pier structures which could devalue adjoining properties. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Commissioner Caster A copy of an order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 13. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY LIVE OAK DEVELOPMENT COMPANY TO REZONE .463 OF AN ACRE AT 8100 MARKET STREET TO B-1 BUSINESS FROM R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the applicant's request since the small tract of land was between two commercial districts, B-2 to the south and B-1 to the north. Chairman Greer inquired as to whether anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve rezoning .463 of an acre at 8100 Market Street to B-1 Business from R-15 Residential as recommended by the Planning Board. 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. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971," is hereby incorporated as a part of the minutes and is contained in zoning Book II, Section 5, Page 28. PUBLIC HEARING TO CONSIDER A REQUEST BY BILLY BAKER TO REZONE 1.10 ACRES AT THE NORTHEAST CORNER OF GREENVILLE AVENUE AND OLEANDER DRIVE TO B-1 BUSINESS FROM R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the applicant's request. One member of the Planning Board suggested rezoning the site 0-1 so its depth along Greenville Avenue would coincide with the existing 0-1 District located in the northwest corner of that intersection. This idea was not supported by other members of the Planning Board. Commissioner Sisson commented on the importance of preserving the live oak trees on the site and stated if trees were destroyed, he would be very upset. Chairman Greer inquired as to whether anyone from the public NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 92 would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to rezone 1.10 acres at the Northeast Corner of Greenville Avenue and Oleander Drive to B-1 Business from R-15 Residential as approved by the Planning Board. 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. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 6, Page 64. PUBLIC HEARING TO CONSIDER AN APPEAL FILED BY JACK STOCKS, RLS TO DELETE CURRENT DRAINAGE STANDARDS APPLICABLE TO PERFORMANCE DEVELOPMENT SUBDIVISIONS AND REPLACE THEM WITH STATEWIDE STORMWATER GUIDELINES APPLICABLE TO COASTAL COUNTIES Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend denial of the applicant's request. The Planning Board felt the issue needed further study and recommended forming a committee comprised of engineers, surveyors and related persons to study the matter. He advised the Board that until more comprehensive or uniform drainage standards were developed, the current standards should remain in place. Mr. Jack Stocks, the appellant, reported the County's drainage standards do not allow for a combination of curb and gutter with grassy swells. He requested the Commissioners to use one set of regulations and replace Subsection I-A of 51.5-2.4. of the County Ordinance with State standards in order to provide one unified ordinance. The following language was suggested: "The stormwater runoff rate shall be in compliance with the State of North Carolina Department of Natural Health, Environment and Natural Resources, Division of Environmental Management." Planning Director Hayes advised that deleting the County's standards would remove grassy swales. He reported the primary difference in the County's performance requirements and State regulations was that the County requires retention of the first inch of runoff in all cases; whereas, the State specifies that some development does not require retention at all. A lengthy discussion was held on the use of swales. Assistant County Manager, Dave Weaver, explained that developers would like to use a combination of curb and gutter under State standards. This would provide for the use of curb and gutter with outlets at certain points to convey the stormwater to vegetated swales that would have to be at least 100 feet in length. He reported the major difference between County and State standards was how the discharge water was handled when coming off of the street or road. Commissioner Sisson advised that Mr. Stocks would like to install curb and gutter and dump the water into grassy swales which he felt would not properly handle the discharged water. He expressed concern for reducing the current drainage standards and stated he felt the County's performance standards should remain unchanged. Mr. Stocks informed the Board that the utilization of swales would greatly assist with the development of subdivisions. Chairman Greer responded he was not in favor of reducing the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 93 County standards; however, he felt Mr. Stocks was suggesting another way to approach the drainage problem. Mr. Terry Turner, a local developer, reported the water runs down the curb into the gutter where the water is trapped and runs into grassy swales. He advised that using a curb and gutter system was much better when constructing a subdivision. Commissioner Sisson disagreed and reported the question to be answered is how much water is being discharged from curb and gutter systems onto adjacent properties. He, again, reiterated the importance of allowing the current performance standards to remain unchanged until a drainage system is developed. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to deny the request to revise 51.5-2.4 to comply with State regulations. The floor was opened to discussion. Substitute Motion: After a lengthy discussion on the complexity of this issue and the key being the retention of water, Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to continue the appeal until the drainage study is completed with this issue being addressed in the study. Upon vote, the SUBSTITUTE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO SOLICIT PROPOSALS FOR THE N. C. SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, HOUSING DEVELOPMENT Chairman Greer opened the Public Hearing to solicit proposals for the N. C. Small Cities Community Development Block Program. The following remarks were received. Mr. Robert M. Lucas, Administrator and Secretary of wilmington Housing Finance & Development, Inc., (WHFD) presented a report on the Pinewalk Greenview Ranch Estates CDBG project. He informed the Board that Pinewalk would be comprised of approximately 13.5 acres located in the Ogden area adjacent to a subdivision of modest brick and siding ranch style homes built in the late 60's and early 70's. WHFD plans to develop 30 lots for construction of homes to meet the need for affordable homes in the County. Due to rapid growth in New Hanover County, the price of an affordable home has become extremely difficult for persons with moderate incomes. WHFD has begun the process of identifying funding sources and financing mechanisms that will lower the sales price and payment terms for homes in this price range. Under the proposed project, the houses will range from $55,000 to $85,000. He requested the Board to consider this project for the N. C. Small Cities Community Development Block Grant Program. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to authorize Staff to work with the wilmington Housing Financing Authority, Inc. in preparing a grant application for the proposed Pinewalk Project at Greenview Ranch Estates. Upon vote, the MOTION CARRIED UNANIMOUSLY. A Public Hearing will be held on December 4, 1995, for approval of the grant application. CONSIDERATION OF ORDINANCE PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE CARRYING OF CONCEALED HANDGUNS ON CERTAIN COUNTY PROPERTY, CHAPTER 12, OFFENSES, NEW HANOVER COUNTY CODE - FIRST READING Chairman Greer advised the Board that on December 1, 1995, a new State law, N.C.G.S. Chapter 14, Article 54B, will go into effect to allow private citizens to carry concealed handguns. He NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 94 reported the law allows counties to adopt an ordinance to permit the posting of signs that prohibit the carrying of concealed handguns on County property. Discussion was held on what buildings should be covered under the proposed ordinance. Commissioner Sisson reported that public safety should be protected and signs should be posted where employees deal with money or where confrontations can occur, such as the Mental Health Center, the Tax Department, or Animal Control. County Manager O'Neal advised the Board that the ordinance could be adopted on the first reading with consideration of an amendment on the second reading that would specifically identify the buildings where signs should be posted prohibiting the carrying of concealed handguns. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the ordinance permitting the posting of signs to prohibit the carrying of concealed handguns on certain County properties. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Since the ordinance did not receive a unanimous vote on the first reading, a second reading will be required on November 20, 1995, before the ordinance is finally adopted. The County Manager was directed to prepare a list of buildings where signs should be posted to be considered at the second reading of the ordinance. CONSIDERATION OF AN AMENDMENT TO CHAPTER 15, ARTICLE II, SECTION 124 OF THE NEW HANOVER COUNTY CODE TO INCREASE THE SEWER IMPACT FEE - FIRST READING Assistant County Manager, Dave Weaver, recommended adoption of an ordinance to increase the present impact fee from $375 per house to a level between $735 per house to $1,500 per house in order to help recover the cost for the provision of sewer. Mr. Dean Potter, President of the wilmington Homebuilders Association, strongly opposed increasing the sewer impact fee or imposing a drinking water impact fee. He commented on being a member of the Sewer Task Force Committee and advised that a report was prepared a year ago that would have allowed the continued expansion of the sewer system without increasing impact fees. He expressed concern for the first-time home buyer not being able to afford a new home, and he urged the Board to reconvene the Sewer Task Force to outline additional revenue sources in lieu of raising impact fees. Mr. Terry Bache, a member of the Homebuilders Association, strongly obj ected to new home buyers being the chosen group to subsidize expansion of the sewer system, which in his opinion, was discrimination and unconstitutional. He reported there was a general conception throughout the community that building should slow down; however, he questioned whether this would be economically healthy for the community, which is in need of new industry and better paying jobs. He urged the Commissioners to allow the sewer fee to remain unchanged and not impose additional impact fees on the construction of new homes. Mr. Bert Exum, representing Landmark, Inc., commented on the price of affordable housing and stated in 1989 an affordable house was priced at $52,900. He reported today the same house costs $80,900. He advised the Board that over 80% of the work force in New Hanover County cannot afford homes because of low wages, and he expressed concern for low to moderate income persons never having NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 95 a chance to purchase a new home if impact fees are increased. He urged the Commissioners to consider these persons when voting on this issue. Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to adopt an amendment to the Ordinance to increase the impact fee to $1,500 per house. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Commissioner Caster Since the ordinance did not receive a unanimous vote on the first reading, a second reading will be required on November 20, 1995, before the ordinance is finally adopted. CONSIDERATION OF AMENDING CHAPTER 15, ARTICLE I OF THE NEW HANOVER COUNTY CODE TO ESTABLISH A DRINKING WATER CAPACITY FEE Chairman Greer reported he felt the County was not ready for a Drinking Water Capacity Fee because the County did not have a plan for water systems. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to oppose a Drinking Water Capacity fee. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONTRACT FOR ACCEPTANCE OF LOCAL PLANNING & MANAGEMENT GRANT TO DEVELOP A UNIFIED DEVELOPMENT ORDINANCE FOR NEW HANOVER COUNTY AND THE CITY OF WILMINGTON AND APPROVAL OF BUDGET AMENDMENT #96-0066 Planning Director, Dexter Hayes, reported the City of wilmington and New Hanover County have been approved by the N. C. Division of Coastal Management of the Department of Environment, Health and Natural Resources to receive a grant in the amount of $27,500 to develop a "Unified Development Ordinance". He advised that both City and County Planning Departments would work with the consultant hired to compile current regulations, facilitate public input, evaluate alternatives, and develop a draft Unified Development Ordinance. The City and County would provide an equal cash match of $10,000 each, and an in-kind match of $3,187.50 each. Staff feels that unified land use regulations would provide for a more efficient and effective development review process as well as allow for the implementation of a one-stop permitting center. Discussion was held on how one ordinance could be applied to the areas in the City and County. County Manager O'Neal reported the same standards would not be applied uniformly throughout the entire County. The standard would be applied according to the area based on the urbanization of the area. He reported the City Council was to consider acceptance of the grant on Tuesday, November 7, 1995. Commissioner Barone commented on the lack of construction in the City and inquired as to why the County should develop an ordinance that would follow City standards? Planning Director Hayes responded the requirements would not be the same. Commissioner Barone reported she would need ample time to review an ordinance of this type. Chairman Greer expressed grave concern for accepting State funds and allowing the Division of Coastal Management to write an ordinance with more stringent regulations. He advised there was no need for the State to write a plan for the County. County Manager O'Neal responded a consultant would be hired NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 96 with State funds to oversee the development of the ordinance. Chairman Greer informed the Board that he would vote against accepting State funds for the preparation of the ordinance. He, again, expressed concern for the ordinance being written in conjunction with the State and inquired as to how this item was initiated since the City Council was not in favor of consolidation. Planning Director Hayes reported this item was discussed several times during meetings of the Planning and zoning Consolidation Study Subcommittee. He advised the Consolidation Study Commission, composed of both local governments, voted unanimously to develop one unified planning ordinance. Chairman Greer questioned whether the County should be on the alert for other consolidation issues that might be presented in the near future. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution accepting the grant in the amount of $27,500 from the Division of Coastal Management for developing a Unified Development Ordinance for New Hanover County and the City of wilmington and to approve the associated Budget Amendment listed below. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews voting Nay: Commissioner Barone Chairman Greer Budget Amendment #96-0066 - Non-Departmental/Planning Department Debit Credit Non-Departmental Contingencies $10,000 Planning Department CAMA Grant $27,500 Contribution - City of wilmington $10,000 Contracted Services $47,500 Purpose: To budget CAMA grant funds plus County and City matching funds to develop a Unified Development Ordinance for the County and City. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 5. BREAK Chairman Greer called a break from 10:10 P.M. until 10:25 P.M. 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 10:26 P.M. to hold a meeting of the New Hanover County Water & Sewer District. Chairman Greer reconvened to Regular Session at 11:00 P.M. CONSIDERATION OF FUNDING ALLOCATION FOR THE DEVELOPMENT OF THE RECEPTION CENTER AT THE NEW HANOVER COUNTY ARBORETUM AND APPROVAL OF BUDGET AMENDMENT #96-0072 Director of Cooperative Extension Services, Phil Ricks, reported the Commissioners had previously approved $15,000 to help the Arboretum Foundation construct a Reception Center for the New Hanover County Arboretum. He advised that the Arboretum Foundation was now requesting an additional $25,000 for a total funding NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 97 commitment of $40,000 for construction of the Reception Center and a request for the County to purchase the property adjacent to the Arboretum at a price of $36,000. Chairman Greer suggested funding either the additional $25,000 for a total commitment of $40,000 for construction of the Reception Center or provide funding in the amount of $36,000 for the purchase of the property. County Manager O'Neal informed the Board that making an offer to purchase the adjacent lot should be the priority item if the Board does not want to approve both funding requests. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to authorize Staff to make an offer of $36,000 to the owner of the adjacent lot with the land being placed in the name of New Hanover County. The floor was opened to discussion. Mr. Bill Hawkins, the owner of the adjacent lot, advised the Board that he had an informal agreement with the former Director to allow the County to purchase the lot before he placed the land with a realtor. He reported a purchase price of $40,000 was being considered at that time. Substitute Motion: After discussion of concern about using the contingency funds, Commissioner Caster MOVED to approve the purchase of the land from the general fund, not the contingency fund. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer called for a vote on the original motion to make an offer not to exceed $36,000 for purchase of the adjacent lot to be placed in the name of New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews voting Nay: Commissioner Caster Chairman Greer Commissioner Sisson responded if the offer is not accepted, the lot will not be purchased. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve an additional funding allocation of $25,000 for a total funding commitment of $40,000 toward construction of the Reception Center at the Arboretum, and to approve the associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews voting Nay: Commissioner Caster Chairman Greer Budget Amendment #96-0072 - Non-Departmental/Cooperative Extension Services Debit Credit Non-Departmental Contingencies $76,000 Cooperative Extension Services Land Cost Contributions to Outside Agencies $36,000 $40,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 98 Purpose: To transfer funds from Contingencies for a $40,000 contribution to the Arboretum Foundation for funding assistance in constructing a Reception Center and $36,000 for the purchase of a lot adjacent to the Arboretum. WITHDRAWAL OF ITEM #11 ON THE REGULAR AGENDA, DISCUSSION OF VISIT BY THE SCHOOL CAPITAL CONSTRUCTION STUDY COMMISSION Chairman Greer announced this item had been withdrawn by the County Manager. SUBDIVISION APPEAL REQUESTED BY LIONEL L. YOW REGARDING THE DECISION RENDERED BY THE TECHNICAL REVIEW COMMITTEE RELATIVE TO MASONBORO FOREST Planning Director, Dexter Hayes, presented a map showing South College Road, Masonboro Loop Road, pine Valley, Mohican Trail, Johnston Farms, and Navaho Trail relative to the Southern Outer Loop. He also presented a 1994 aerial map of the Masonboro Forest area and outlined the path of the Southern Outer Loop. He reported that Masonboro Forest, a performance development, was given preliminary approval by the Technical Review Committee (TRC) on October 25, 1995. As part of the approval, the developer was required to reserve a portion of the Southern Outer Loop right-of- way that crosses the southeast corner of the property for one year. He reported the developer contends the Southern Outer Loop will never be built as proposed, and it would be unfair to require him to reserve the corridor. Mr. Paul Koch, a Transportation Engineer from the Raleigh office of the N. C. Department of Transportation, reported the County was responsible for protecting the corridor. He advised that the proposed Southern Outer Loop would help to reduce traffic on College Road, Market Street, and wrightsville Avenue, which was very much needed at this time because of the tremendous amount of development occurring in New Hanover County. Attorney Lonnie Williams, representing the appellant, Lionel L. Yow, reported the owner and developer of Masonboro Forest had appealed the TRC decision that required them to reserve a portion of the Southern Outer Loop right-of-way when the Secretary of Transportation had admitted that the project would probably not be funded in the immediate future. He requested Mr. Larry Sneeden, the engineer of the site plan for Masonboro Forest to comment about the negative impact of reserving this corridor on the proposed subdivision. Mr. Larry Sneeden, an engineer with the firm of Andrew & Kuske, reported that without knowing the exact location of the corridor, which represents five acres of land, it was difficult to prepare a site design for the property. He presented a map of the preliminary plan for the Masonboro Forest Subdivision and reported discussions were held with the State on how to protect the wetlands. with State impervious requirements of 25%, a stormwater infiltration system using retention ponds would be required as well as reserving the rights-of-way for the corridor, which would reduce the number of lots to 150. with this reduction, the project would not be viable from a profit point-of-view. He advised there were three options to consider: (1) reserve the land for a period of one year; (2) design around the right-of-way; or (3) proceed with the project as submitted. After review, they found that reserving the corridor would extensively damage the beauty of the site as well as reduce the number of usable lots. He informed the Board that to require reserving these rights-of-way for one year was not fair to the developers. Attorney Williams reported the Technical Review Committee approved the plan contingent upon reserving the corridor for the proposed Southern Outer Loop for a period of one year. Under the Subdivision Ordinance, the Board may reserve the right-of-way acquisition for 12 months; however, he thought the ordinance was not intended to prevent someone from dividing and developing land NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 99 for a period of one year. He referenced a letter from the Secretary of Transportation, Garland Garrett, to Douglas A. Fox dated October 25, 1995, where Secretary Garrett advised that no funding for the Southern Outer Loop was included in the 1996-2002 Transportation Improvement Program; therefore, no planning, design, right-of-way acquisition, or construction activities were scheduled. The Southern Outer Loop project is to be considered during the next update of the Transportation Improvement Program, which may determine if the project remains a high priority in the program. This means that the right-of-way acquisition would not begin until 2004 with construction beginning in 2007. Attorney Williams reported with the uncertainty of future funding for the Southern Outer Loop there appears to be no basis for reserving the corridor except to delay development for a year. He reported the property owners will suffer a loss of $200,000 if the project is delayed. He urged the Commissioners to approve the site plan submitted to the Technical Review Committee without any requirement for reserving the rights-of-way for the proposed Southern Outer Loop. Commissioner Sisson expressed concern for not reserving the corridor and emphasized the fact that the citizens in this area could be without an adequate means for future movement of traffic if the corridor was not reserved. Attorney Williams responded that unfortunately this type of situation has and will continue to occur in New Hanover County due to rapid growth. He advised that hearings had been held on the proposed Southern Outer Loop for two years and stated at this time, no funding or decision had been rendered by the N. C. Department of Transportation. Discussion was held on how other localities throughout the State address issues of this type. Mr. Koch responded that Catabawa County had obtained enabling legislation to acquire rights-of-way for future roads as now granted to municipalities under North Carolina General Statutes. Discussion was held on the design of the subdivision. Planning Director Hayes responded the subdivision could be re- designed to reflect the transportation needs of the County showing an interior street consistent with an alignment to the proposed Southern Outer Loop. Planning Director Hayes noted that the County's zoning Ordinance allows for the transfer of density within the subdivision so that the total number of dwelling units could still be built; however, this could require a re-design of the project. Chairman Greer inquired as to whether the State could purchase the property? Mr. Koch responded that the N. C. Department of Transportation encourages developers to design the roads inside of the subdivision taking into consideration the 150-foot corridor required for the Southern Outer Loop. Discussion was held on the areas needed for drainage. Mr. Sneeden advised that the density under State regulations could not be transferred. He reported that State stormwater regulations allow for a certain amount of density, and in order to maintain this density in this project, a treatment system would have to be placed in the subdivision. Mr. John Elmore, a developer of the project, reported the homes to be constructed were very modest; therefore, to remove five acres from the project would reduce the square footage of the homes to 900 square feet. He also expressed concern for having a road with no beginning or ending. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 100 Motion: After discussion of the road not starting at a certain point or ending at a certain point, and the time involved with preparing another plan, vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the plan as submitted without requiring the corridor to be reserved. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Caster vice-Chairman Mathews Chairman Greer voting Nay: Commissioner Barone Commissioner Sisson ADDITIONAL ITEMS - COUNTY COMMISSIONERS Adoption of Proclamation Declaring the Week of November 12-18, 1995 as "Youth Appreciation Week" in New Hanover County Motion: Sisson "Youth MOTION Commissioner Caster, MOVED, SECONDED by Commissioner to adopt a proclamation declaring November 12-18, 1995, as Appreciation Week" in New Hanover County. Upon vote, the CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 5. ADDITIONAL ITEMS - COUNTY MANAGER Authorization For County Manager to Perform Consulting Work County Manager O'Neal requested authorization to take five days of paid personal leave to perform consulting work for which he would be paid during the week of November 11-17, 1995. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to authorize the County Manager to take five days of paid personal leave and perform consulting work for which he will be paid. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of an Ordinance Banning Cardboard County Manager O'Neal commented on the Work Session held on November 2, 1995, and requested the Board to clarify whether or not Staff was to prepare an ordinance banning cardboard, and if the Board decided not to consider the Material Recovery Center at this time. Consensus: After discussion of the importance of working with Waste Management, Inc. and other haulers, it was the consensus of the Board to direct Staff to move forward with preparing an ordinance banning cardboard and advise Staff "not" to continue to work on the Material Recovery Center concept at this time. Discussion of Participation in Book Being Published on New Hanover County County Manager O'Neal reported the Committee of 100 had requested the Board to participate in an informational book being published about New Hanover County. He presented a copy of a book that was prepared on Mobile, Alabama, and asked if the Board would like to purchase any pages in the book to be prepared for the County. He reported the City of wilmington had not been approached about participation. Motion: After discussion of the cost involved, Commissioner Caster MOVED, SECONDED by Chairman Greer to decline to participate in the publication. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Drinking Water Standards County Manager O'Neal commented on the decision by the Board to reject a Drinking Water Capacity Fee and he asked the Board if Staff should move forward with developing drinking water standards? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 BOOK 25 PAGE 101 Consensus: After discussion of the water systems purchased by the County, it was the consensus of the Board to direct Staff to proceed with developing drinking water standards. Approval of Agreement with Auto Park Associates and Vision Software, Inc. for Construction of Road in I-40 Industrial Park for Vision Software, Inc. Planning Director Hayes reported as part of the Economic Development Project for the 1-40 Industrial Park, the N. C. Department of Transportation has agreed to reimburse the County up to $117,000 for the cost of constructing an access road into the park. If the cost of the road exceeds that amount, the property owners, Auto Park Associates, have agreed to pay the balance. In order for Vision Software to begin preliminary work on the road to gain access to the building site, an agreement is needed between the County and Vision Software, Inc. The agreements will not be executed until the County receives official notification that the Development Block Grant project has been approved. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the agreements as presented contingent upon the County being approved for the Community Development Block Grant project. The Chairman was authorized to execute the contracts once the grant is approved. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion on the Length of Meetings Vice-Chairman Mathews expressed concern for the length of the agenda and requested the County Manager to reduce the number of items when public hearings are scheduled. MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION Assistant County Attorney, Kemp Burpeau, requested a Closed Session to discuss a pending lawsuit with the Attorney as provided under N.C.G.S. 143-318.11 Subsection (A) and to discuss a personnel matter as provided under N.C.G.S. 143-318.11 Subsection (6). Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to convene from Regular Session to Closed Session for consulting with the attorney about a pending lawsuit and discussion of a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 12:10 A.M. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened from Closed Session to Regular Session at 12: 59 A. M. and reported no action was taken in the Closed Session. ADJOURNMENT Chairman Greer adjourned the meeting at 1:03 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board