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1995-12-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 125 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 4, 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; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Mike Meshaw, Pastor of the Grace Baptist Church, gave the invocation. Commissioner Barone led the audience ln the Pledge of Allegiance to the Flag. RE-ELECTION OF ROBERT G. GREER TO SERVE AS CHAIRMAN OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOR THE COMING YEAR County Attorney Copley opened the floor to receive nominations for the election of a Chairman. Commissioner Caster nominated Commissioner Commissioner Barone SECONDED the nomination. Greer. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner Greer was UNANIMOUSLY re-elected to serve as Chairman of the New Hanover County Board of Commissioners for the coming year. RE-ELECTION OF E. L. MATHEWS, JR. AS VICE-CHAIRMAN OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOR THE COMING YEAR County Attorney Copley opened the floor to receive nominations for the election of a Vice-Chairman. Commissioner Sisson nominated Commissioner Commissioner Caster seconded the nomination. Mathews. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner Mathews was UNANIMOUSLY re-elected to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the coming year. A round of applause was given to Chairman Greer and Vice- Chairman Mathews for being re-elected to serve in these positions. NON-AGENDA ITEMS Chairman Greer informed the public that this portion of the agenda was reserved to allow anyone present to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons making presentations to limit their remarks to three minutes, and asked if anyone would like to step forward to discuss a matter of concern. No items or comments were received. APPROVAL OF CONSENT AGENDA Chairman Greer commented on the minutes of November 20, 1995, and requested approval of the minutes to include the clarification of language on Page 11 as presented by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 126 Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda items as presented including the clarification of the minutes for November 20, 1995, as requested by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Closed Session of November 20, 1995, and the minutes of the Regular Meeting of November 20, 1995, including the clarification on Page 11 as requested by the Clerk to the Board. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Scout Camp Hatila Road Roads in Fox Run Subdivision, Section 5 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 6. Approval of Amendments to the New Hanover County Purchasing Policy The Commissioners approved the recommended changes to the New Hanover County Purchasing Policy as presented by the Legal Department to comply to changes in the State Law that became effective October 1, 1995. A copy of the Purchasing Policy lS on file ln the Legal Department. Adoption of Resolution to Award Bid #96-0149 (Contract #96-0149) to the Arcadian Corporation for Noxout Reagent for the WASTEC Facility The Commissioners adopted a resolution awarding the bid to Arcadian Corporation, the only responsible bidder, at an estimated yearly expenditure of $63,700 for the provision of Noxout Reagent for the WASTEC Facility. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 6. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Award Bid #96-0150 to American Unifor.m Sales, Inc. for the provision of Unifor.ms to the Sheriff's Department The Commissioners adopted a resolution awarding the bid to American Uniform Sales, Inc., the lowest responsive bidder, in the amount of $33,538.25. One bid was received in the amount of $32,830.00; however, after evaluating the samples of the shirts from the Century Uniform Company, it was determined that the difference in the quality of the shirts was not acceptable. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 6. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Award Bid #96-0148 to Eastern Technology Associates for the Purchase of an Upgrade to the IBM AS/400 Computer System for the Health Department The Commissioners adopted a resolution awarding the bid to Eastern Technology Associates, acting as an agent for the IBM Corporation, in the amount of $73,270 to purchase an upgrade for the IBM AS/400 computer system at the Health Department. The purchase will be made as an amendment under the existing contract with IBM (Contract #91-0039). Also, authorization was given for the sale of 2 Disk Drives (#9332-600) and 1 Storage feature (#6112) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 127 as a trade-in. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XXIII, Page 6. A copy of the contract amendment is on file in the Legal Department. Award of Bid (Contract #96-0063) to Paragon Building Corporation, Wilmington, N. C., for Construction of the Ogden Park Pavilion The Commissioners awarded a single prime bid in the amount of $559,731 to Paragon Building Corporation, the lowest responsible single prime bidder, for construction of the Ogden Park Pavilion. The multi-prime bids received were rejected because of failure to provide sufficient bids in the electrical category. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Approval of Budget Amendment #96-0080 - Child Day Care - Department of Social Services The Commissioners approved the following Budget Amendment: 96-0080 Social Services/Child Day Care Debit Credit Social Services/Child Dav Care Office of Day Care $67,641 Day Care Services $67,641 Purpose: To budget additional State funding received for child day care serVlces. Endorsement of "Bikes for Tykes" Program Sponsored by the Department of Environmental Management The Commissioners endorsed the "Bikes for Tykes" Program conceived by the Department of Environmental Management. The bicycles will be donated from the public, cleaned by clients of the Keys Program, and repaired by volunteers from the Retired Senior Volunteer Program with the Department of Aging. The Department of Environmental Management will coordinate the collection of bikes through its Recycling Program. Adoption of Resolution to Accept Funding from the N. C. Department of Transportation Through the State Airport Aid Project 9.9425900 The Commissioners adopted a resolution to accept the final modification of the State Airport grant in the amount of $186,335 to complete the State's share. The Chairman was authorized to execute the modified grant agreement. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 6. APPROVAL OF PUBLIC OFFICIAL BONDS County Attorney Copley reported pursuant to Chapter 109 of the North Carolina General Statutes, the Legal Department conducts an annual review of the public official bonds for the Finance Officer, Sheriff, Register of Deeds, Tax Collector, and Chairman of the ABC Board. The review is performed to insure that all bonds are valid and are in an acceptable format. She requested the Board to adopt resolutions approving the existing public official bonds. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt resolutions approving the existing public official bonds, setting the Sheriff's bond at $5,000, and exempt from bonding requirements any ABC Board Members that do not handle funds. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 128 FIRST READING OF THE SEWER IMPACT FEE ORDINANCE AND CONSIDERATION OF SEWER IMPACT FEE OPTIONS Chairman Greer reported on November 20, 1995, the Board concluded that the Sewer Impact Fee Ordinance had been substantially changed on the second reading and by consensus decided to hold a first reading of the proposed ordinance on December 4, 1995. This action was taken to provide an opportunity for the public to present comments as well as allow time for Staff to see if a satisfactory agreement could be reached with the Home Builders Association and developers. He advised that three options for financing sewer expansion had been provided with the first option being submitted by the Home Builders Association since the November 20, 1995, meeting. The following options were presented: OPTION I - PRESENTED BY THE HOME BUILDERS ASSOCIATION MIXTURE OF REVENUE SOURCES Revenue Sources Additional Revenues Generated Annually TOTAL ADDITIONAL REVENUES $ 420,000 400,000 450,000 520,000 97,500 $1, 887,500 1/2 cent property tax 1 cent District property tax 10% increase in monthly user fees $400 "new" tap fee for new construction Increase treatment plant fee to $450 per house OPTION II THE AMENDED ORDINANCE FROM THE BOARD MEETING OF NOVEMBER 20, 1995 SLIDING IMPACT FEE (1) $0.675 per square foot with a minimum fee of $500 and a maximum fee of $1,800. (2) The increased impact fee from $375 per house to $1,012 for an average 1,500 square foot house would generate additional revenue in the amount of $828,100 per year. (3) The additional $828,100 would reduce reliance on sales tax revenues by an equal amount annually. OPTION III - ORDINANCE PROPOSED ON NOVEMBER 6, 1995: $1,500 IMPACT FEE (1) The increased impact fee from $375 per house to $1,500 per house would generate an additional $1,462,500 annually. (2) The additional $1,462,500 would reduce reliance on sales tax revenues by an equal amount annually. Chairman Greer commented on Option I and requested an explanation of the new $400 tap fee. Assistant County Manager Weaver responded the new $400 tap fee would be for homes constructed in new subdivisions. Currently, the developer is required to install the sewer collection system, including one tap for each lot, in a new subdivision. A tap fee is not charged for a home constructed in a new subdivision with the sewer system already in place. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 129 Chairman Greer commented on 1,300 units as the base figure being used in Option I, and he inquired as to whether this figure was inclusive of all tap fees? Assistant County Manager Weaver responded the figure of 1,300 units represents the projected construction of new homes in new subdivisions which will be required to pay the $400 tap fee. Commissioner Sisson inquired as to whether the tap fee for older homes just receiving sewer availability would be different from the new homes? Assistant County Manager Weaver responded the tap fee for an older house just receiving sewer availability would be $200 if paid immediately, and $400 if paid after six months. Chairman Greer inquired as to whether the monthly user fee would be increased? Assistant County Manager Weaver responded the philosophy of the District Board in previous years was to utilize the monthly user fees for maintenance and operation costs. The 10% increase in the user fee proposed under Option I would allow for the additional revenue to be used for capital expansion of the sewer system. Discussion was held on how self-sufficient communities, such as The Cape, would be handled. Assistant County Manager Weaver advised that The Cape had an established public utility granted through a franchise from the State to serve homes within this franchised area. Once sewer is extended to this area, it is hoped the utility company will want to connect to the County Sewer System; however, there is no ordinance in place that requires a public utility to connect to the County's system. Commissioner Caster inquired as to whether any of the proposed fees in Option I would be charged to new construction in The Cape, and requested an explanation of the fees that would be charged under Options II and III in The Cape? Assistant County Manager Weaver responded the $450 treatment plant fee would be charged for new construction; however, the $400 tap fee would not be charged until the utility connected to the County Sewer System. Under Options II and III, an impact fee would have to be paid for all new construction. Commissioner Caster expressed concern for new construction in The Cape being required to pay a $2,850 impact fee to the private utility and then being required to pay the District an additional $1,500 impact when the private sewer system may not ever be turned over to the County. Assistant County Manager Weaver noted that a comparable situation was the person who constructs a new home where sewer is not available. This individual is required to pay for installing a septic tank system as well as pay the impact fee without any assurance of when sewer will be available in that area. Commissioner Caster advised that he could understand charging an impact fee to persons uSlng septic systems, because these systems are not self-sufficient. However, to charge an impact fee to new construction in The Cape, which has a self-sufficient private water and sewer system that may never be operated by the County, in his opinion, would not fair. Motion: Vice-Chairman Mathews reported after reviewing the three options, he felt that Option II was the most equitable option and MOVED to accept Option II as presented. The MOTION WAS SECONDED by Commissioner Caster. The floor was opened to discussion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 130 Commissioner Barone commented on affordable housing and advised that an additional $4,000 on the price of a new home would cause many people not to qualify for mortgage loans. She requested the Board to consider the following proposal: (1) In lieu of charging a $1,500 impact fee as listed under Option III, charge a $735 impact fee. $735 multiplied by 1,300 units equals $ 955,500 (2) In lieu of using a $400 new tap fee as listed ln Option I, use a $350 tap fee. $350 multiplied by 1,300 units equals Total Revenue Generated $ 455,000 $ 450,000 $1,860,500 (3 ) Increase the user fee by 10% Commissioner Barone reported that combining components of the three options would lessen the impact on the first-time home buyer, and she requested the Board to consider this option or some other combination of the three options. Chairman Greer commented on the actual cost of the wastewater treatment service being $900 and recommended using Option II, the Sliding Impact Fee with a reduction of the $0.675 per square foot to $0.60 per square foot with a minimum fee of $500 and a maximum fee of $1,800. Substitute Motion: Commissioner Caster made a SUBSTITUTE MOTION, SECONDED by Chairman Greer to accept Option II with a reduction in the per square footage charge from $0.675 to $0.60 per square foot with a minimum fee of $500 and a maximum fee of $1,800. The floor was opened to discussion. Commissioner Sisson stressed the importance of charging enough to cover the entire cost of wastewater treatment per unit. According to figures presented by Staff, the cost of providing sewer to an average home is $1,750; therefore, the $0.60 per square foot would not cover the entire cost of transporting and treating the wastewater. Mr. Buck O'Shields, representing the Wilmington/Cape Fear Home Builders Association, commented on Option I as submitted by the Association and reported the figures in this option were based upon 1,300 units and/or permits being issued per year for a 10-year period. He advised this figure was an ultra-conservative number since 2,628 permits were issued in five categories during Fiscal Year 1994-95. He reported the following issues were taken into consideration when preparing Option I: (1) Consideration of the negative impact on the Sales Tax with implementation of Phase I of the City's Annexation Plan. This proposal allows the County's contribution from the Sales Tax to remain static for the 10-year period, which will free up approximately $18 million to be used for other County needs. (2) Option I is composed of the following funding components: (a) initiation of a new $400 tap fee for new homes going on line; (b) an increase of $75 in the Treatment Plant Capacity Fee, which has not been raised since 1988; (c) a 10% increase in the monthly user fees; (d) a one-cent Sewer District property tax paid only by the users of the system; and (e) implementation of a one-half cent property tax for six years, which will replenish funds that were diverted from the Sewer Fund Balance to pay for repairs to the WASTEC Facility. Mr. O'Shields requested the Board to consider Option I because this recommendation was the most equitable way to expand the Sewer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 131 System and avoid placing the entire burden of sewer expansion on new home construction. He stressed the importance of balancing the costs between new home buyers and the 13,000 customers already on line. Chairman Greer disagreed with the position of the home builders and stated persons living in the County should not have to pay for services that have to be expanded to accommodate families moving into the County, such as new schools, sewer expansion, increased fire protection, and parks. Commissioner Sisson reported that after consulting with Staff there would be a shortfall of $145,600 if the cost per square foot was reduced from $0.675 to $0.060. Chairman Greer requested an explanation of how this figure was calculated. Assistant County Manager Weaver responded the figure was calculated by multiplying 1,300 units per year times 1,500 square feet (the average size of a house) times $0.675 per square foot for additional revenue in the amount of $828,100. If the $.060 per square foot figure is used, the additional revenue generated would be $682,500 for a difference of $145,600. Chairman Greer called for a vote on the SUBSTITUTE MOTION to accept Option II changing the $0.675 per square foot to $0.60 per square foot with a minimum fee of $500 and maximum fee of $1,800. Upon vote, the SUBSTITUTE MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Caster Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer called for a vote on the ORIGINAL MOTION to accept Option II as presented using $0.675 per square foot with a minimum fee of $500 and a maximum fee of $1,800. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Caster Due to the ordinance not receiving a majority vote on the first reading, a second reading will be held on December 18, 1995. FIRST READING OF AN AMENDMENT TO CHAPTER 5, ARTICLE III, SECTION 5- 50 OF THE NEW HANOVER COUNTY CODE REGARDING THE ISSUANCE OF BUILDING PERMITS - INSPECTIONS DEPARTMENT County Attorney Copley requested adoption of a technical amendment to Section 5-50 of the County Code to clearly provide authority for the County to withhold building permits in situations where the developer has not complied with subdivision, zoning, or other land use laws. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the amendment to Chapter 5, Article III, Section 5-50 of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 132 the New Hanover County Code as presented by the Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 6. The ordinance will be codified into the New Hanover County Code. PRESENTATION BY THE NEW HANOVER COMMUNITIES ACTION COALITION ON THE CITY'S ANNEXATION PLAN Mr. Donald Blake, representing the New Hanover Communities Action Coalition, expressed appreciation for allowing the group to appear before the Board and express their concerns about the first phase of the City's annexation plan. He advised that annexation was intended to provide services to communities in need of services, not communi ties that already have services. After studying the issue, it became apparent that the City was in need of money; however, if annexation occurs, the County will lose sales tax revenue and may eventually have to increase the property tax to make up for the loss of revenue. Since the County and beach communities will suffer a loss in sales tax revenues, the Board is being requested to consider offering the City a larger portion of the sales tax revenues contingent upon the City not moving forward with its annexation plan. This type of revenue sharing plan will allow the County to remain intact and at the same time provide additional revenue to the City. Mr. Andy Dietrich, President of the Eastwood Village Homeowners Association and a member of the New Hanover Communities Action Coalition, expressed concern about the lack of street planning and maintenance in the proposed annexation by the City. He reported under the annexation plan there are approximately 100 miles of roads in the area to be annexed with 50 of the 100 miles being privately dedicated roads, which means that 50 miles will be maintained by the N. C. Department of Transportation. He expressed concern for the City appropriating only $2 million for the 36 new miles of roads to be maintained in the annexed area with no funding for the 50 miles of private roads that will have to be maintained by the City. The Board was requested to work with the citizens in trying to defer the annexation plan, which does not address the road maintenance and other important issues concerning the provision of services. Mr. Bill Hess, a resident of McCumber Terrace, read an inter- departmental memorandum dated February 27, 1995, from the Assistant City Manager to the City Manager, which states that the primary reason for annexation was to normalize its revenue distribution. According to the 1995 Annexation Plan, the net increase in the general fund revenue to be realized from annexation to FY 1999-2000 is projected at $4.75 million. He expressed concern for targeting one group of people, who already have urban services, with an additional tax burden, and he requested the County and City to develop a revenue sharing plan between the governments that will more equitably distribute revenues received from the sales and property taxes. Mr. Don Gray, a resident of Landfall, referenced the N. C. Constitution and reported it was the policy of the State of North Carolina to conserve and protect its lands and waters for the benefit of its citizens by preserving the forests, wetlands, estuaries, beaches, and open lands. In 1972 and 1974, Congress enacted the Wetlands and Clean Water Acts to preserve these natural resources. North Carolina recognized the importance of water quality to the coastal areas and enacted the Coastal Area Management Act to enable the State to work closely with its twenty coastal counties in developing land use plans and water quality programs. As a result, New Hanover County adopted the Conservation Overlay District to protect the County's highly concentrated natural resources. Unfortunately, the City's annexation plan does not include or mention any compliance to federal or state guidelines for the protection of our wetlands and water quality. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 133 The question to be answered is whether the City is capable of protecting these valuable resources. The Board was urged to adopt a resolution requesting the City to defer the 1995 Annexation Plan until research has been performed on the City's capabilities to support and comply to Federal Environmental Statutes, North Carolina Water Programs, and New Hanover County's Conservation Overlay District. Mr. Ron Shackelford expressed appreciation to the Board for allowing the group to make a presentation, and he complimented the County Staff for cooperatively working with the New Hanover Communities Action Coalition in gathering information. He expressed concern for the City's proposed annexation plan and presented the following options: (1) Develop a Revenue Sharing Plan in lieu of annexation. Both governlng bodies will have to agree upon a plan that will provide a fair distribution of funds. Many County citizens use the City's streets and sidewalks without paying for these facilities. (2) The Revenue Sharing Plan should be based upon a clear and open procedure taking into account the individual populations of the City and County, the true real property tax rates of the City and County, and the amount of taxes paid in relation to the services received. (3) The Revenue Sharing Plan should include some procedure for resolving disputes that could occur between the City and County. (4) Percentages of County and City funds should be established for use in the Revenue Sharing Plan. (5) An Advisory Board comprised of the Mayor, Chairman of the New Hanover County Board of Commissioners, and at-large members from the community should be established to develop the plan. (6) A moratorium should be placed on annexation during the development of the Revenue Sharing Plan and for the length of time the plan remains in force. Mr. Shackelford reported the City of Charlottesville, Virginia, and Albemarle County developed this type of revenue sharing plan in 1982 and have effectively stopped annexation with no discontinuance of city services. The Board was requested to adopt a resolution offering the City of Wilmington $1,166,595 in a good-faith effort to stop the first phase of the City's Annexation Plan and join in developing a Revenue Sharing Plan between both governing bodies. Chairman Greer noted, for the record, the City of Wilmington was not having any problem paying their bills. He announced that Councilman Hamilton Hicks, Councilman Harper Peterson, and Councilman Frank Conlon were present, and he advised them that New Hanover County was very interested in working with the City in trying to equitably distribute revenue resources. Vice-Chairman Mathews commented on being in favor of the proposed alternative and noted that when consolidation was defeated, people were discussing the possibility of developing a revenue sharing plan. He recommended moving forward with offering the sales tax revenue to the City contingent upon the City deferring annexation. Commissioner Barone recommended adopting a resolution that would defer annexation for one year with appointment of an Advisory Committee to examine alternatives to annexation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 134 Motion: After further discussion, Commissioner Sisson read and MOVED to adopt the following resolution: WHEREAS, the City of Wilmington plans to proceed with its annexation for a portion of the unincorporated area of New Hanover County on December 31, 1995; and WHEREAS, the Board of County Commissioners is interested ln cooperating with the City in governing the County; and WHEREAS, revenue sharing has been raised as a major reason for proceeding with annexation; THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners states its intent to share with the City of Wilmington revenues in the amount of $1,666,595 over the next year provided that annexation is delayed for one year and a Study Commission comprised of City and County residents is appointed for the purpose of examining alternatives to annexation in achieving revenue sharing goals. The MOTION WAS SECONDED by Commissioner Caster. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution lS hereby incorporated as a part of the minutes and is contained ln Exhibit Book XXIII, Page 6. BREAK Chairman Greer called a break from 7:58 P.M. until 8:20 P.M. PUBLIC HEARINGS Chairman Greer announced that all Public Hearing items had been duly advertised, and he requested each speaker to limit their remarks to three minutes. PUBLIC HEARING TO CONSIDER AN APPEAL SUBMITTED BY DOUG CLIFTON ET AL TO REZONE 12 ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD (5200 BLOCK) 1,200 FEET NORTH OF MONKEY JUNCTION TO B-2 BUSINESS FROM R- 15 RESIDENTIAL (Z-554,11/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board denied the applicant's request by a six to one vote. The primary focus of debate centered on where the northern boundary of the Monkey Junction commercial node should be drawn. Staff presented several options; however, the Planning Board felt the current line running behind the old K-Mart site was the best choice. It was agreed that rezoning the site would pave the way for similar requests on adjoining parcels, particularly on the old softball complex to the north. The Planning Board felt that other development options should be considered, such as high density or office-type uses. The Planning Board discussed establishment of Office and Institutional zoning and offered this option as a compromise to the applicant. The applicant did not believe that 0- I zoning would be the highest and best use of the property and declined the offer. Chairman Greer inquired as to whether anyone from the public would like to comment. The following remarks were received: Mr. Doug Clifton, the petitioner, commented on the many changes that have occurred in the area and explained that due to commercial growth the land was no longer desirable for residential development. He reported the site was surrounded by commercial uses with a large ball park behind the property, which serves as a natural buffer to the site. According to the County's Zoning Ordinance, the property is located in the commercial node, and is served by two major four-lane highways, a water line, and the County's sewer line on the southeastern portion of the parcel. He NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 135 reported no adj acent commercial rezoning, request to allow him use. property owners were in opposition to the and he requested the Board to approve the to use his property to its highest and best Mr. Joe Rizzo, representing the owner of the ball park, advised that the owner was in favor of the commercial rezonlng. Mr. Mike Olive, an adjacent property owner, reported he was in favor of the commercial rezoning because of the damage already done to the residential areas beside and around the ball park. Mr. Phillip Clancy, an adjacent property owner, commented on the volume of traffic on Carolina Beach Road and advised that with continued growth in this area, the site was not suitable for residential use. He reported he was in favor of the proposed rezonlng. Mr. Forrest Meredith, a property owner in the area, reported due to commercial expansion, he felt the property should be rezoned for commercial use. Mr. Tim Turner, an adjacent property owner, reported he was in favor of the rezoning because the land was not desirable for residential use. Chairman Greer closed the Public Hearing. Discussion was held on whether additional commercial uses were needed in this area. Planning Director Hayes reported the Planning Board was concerned about whether more commercial property was needed because there are vacant sites available for commercial use. With this factor in mind, the Planning Board felt the property should be developed for office and institutional uses or for high density residential use. Mr. Clifton reported discussion was held on rezonlng the property for office and institutional use; however, he had been approached about locating an amusement park on the site which requires B-2 Business zoning. Commissioner Caster expressed concern for rezoning this site to B-2 Business, which in his opinion, will open the door to all adjacent property owners filing petitions to rezone their properties for commercial uses. He recommended rezoning the property for office and institutional use. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to rezone the property from R-15 Residential to 0&1 Office and Institutional including the 50 foot strip. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Mr. Clifton advised that 0&1 zoning would be of no benefit to him, and he requested the Board to allow the property to remain residentially zoned. Motion Withdrawn: Commissioner Caster WITHDREW THE MOTION to rezone the property to 0&1, and Commissioner Sisson WITHDREW THE SECOND TO THE MOTION. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to deny the appeal submitted by Mr. Clifton and allow the property NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 136 to remain residentially zoned. FOLLOWS: Upon vote, the MOTION CARRIED AS Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson expressed concern for the ball park being granted through special use with no enforcement on the hours of operation, which was a nuisance to adjacent residential properties. Mr. Olive reported many conditions of the Special Use Permit were violated by the owners of the ball park. When contacting the Legal Department, he was informed he would have to settle this matter by hiring an attorney to approach the owner of the property. Chairman Greer apologized to Mr. Olive for not being able to resolve non-compliance to the conditions of the Special Use Permit through the Zoning Enforcement Office or the Legal Department, and he requested Staff to check into this matter. PUBLIC HEARING TO CONSIDER A REQUEST BY MICKI WEISNER TO REZONE 4.52 ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD APPROXIMATELY 500 FEET NORTH OF ROSA PARKS LANE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-555, 11/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to deny the applicant's request because of concern about how far south the commercial zoning should be extended and the impact of commercial expansion on residential uses located along Rosa Parks Lane. Chairman Greer inquired as to whether anyone from the public would like to comment. The following remarks were received: Ms. Micki Weisner, representing the property owner, Robert Grimes, commented on the adjoining properties being commercially zoned and reported she felt the residents on Rosa Parks Lane would not be negatively impacted by the commercial zoning. The Board was requested to approve the rezoning request as presented. Mr. Robert Grimes, the owner of the property, stated he had lived in this area for ten years; however, due to the increased traffic on Carolina Beach Road and the commercial growth in the area the property was not desirable for residential use. He requested the Board to approve the commercial rezoning request in order for him to use the property. Mr. Arthur Marion, a property owner in the area, reported he was not opposed to the property being rezoned for commercial use because the land was not suitable for residential development. Ms. Judy Grimes, a co-owner of the property, reported a portion of the land was already zoned B-2 Business and stated with the rapid growth occurring in the Monkey Junction area, the site was not suitable for residential use. Ms. Addie Dunlap, representing her sister Cassie Nixon, a resident of the neighborhood, reported her sister lives in the fourth house from the site to be rezoned before approaching Rosa Parks Lane. She advised that any commercial use placed on the property would increase traffic, noise, and crime in this residential area, and she requested the Board to deny the rezoning request and allow this property to remain residentially zoned. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 137 Ms. Hattie Shaw, representing her parents who live next door to the Grimes' property, requested the Commissioners to deny the rezoning request because of the additional traffic and nuisances that would be created by more commercial activities. Ms. Barbara Dinkins, a resident of Rosa Parks lane, reported her family had lived in this neighborhood for over a hundred years. She urged the Board to consider the residents in this area and deny the rezoning because of the traffic, noise, and other nuisances that would be created from additional commercial uses. Mr. Hugh Boykin, a resident of Rosa Parks Lane, expressed opposition to the proposed rezoning due to increased traffic and advised that additional commercial activities would only increase traffic and crime. Chairman Greer closed the Public Hearing. Discussion was held on including Parcels A and B in the rezonlng request. Ms. Weisner advised that she had spoken to the Williams family and reported they were interested in rezoning the parcels. Planning Director Hayes informed the Board that a petition would have to be filed with the Planning Department before these parcels could be rezoned. Motion: Commissioner Caster stated, in his opinion, approving this request would open the entire area to more commercial uses and MOVED, SECONDED by Commissioner Sisson to deny the appeal and uphold the Planning Board's decision. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST FROM JEFF KEETER TO REZONE 5.6 ACRES ON THE EAST SIDE OF MARKET STREET APPROXIMATELY 600 FEET SOUTH OF PORTERS NECK ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL (Z-556, 11/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the rezoning petition. Additionally, the Planning Board recommended rezoning of the piver tract (shown as Parcel E on the map) to B-1 since the land was south of and adjacent to the subject property. Chairman Greer inquired as to whether anyone from the public would like to comment. The following remarks were received: Mr. Jeff Keeter, the petitioner, presented a map and pictures of the site, marked as Exhibit I. He reported the property was at a commercial node and was surrounded by commercially zoned land. Since the New Hanover County Land Use Plan encourages commercial uses at nodes, and there is a need for additional services in this area, he felt the rezoning request was appropriate and should be approved. He noted that Mr. and Mrs. Snow Piver, the adjacent property owners, had requested that Parcel E be included in the rezoning as reflected in the letter included in the agenda packet. He requested the Board to approve the B-1 rezoning request as submitted. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by vice-Chairman Mathews to approve rezoning 5.6 acres on the east side of Market Street south of Porters Neck Road to B-1 Business as petitioned and include Parcel E as part of the rezoning petition. The floor was opened to discussion. Commissioner Sisson commented on commercial growth along this portion of US Highway 17 and reported, in his opinion, the Board in NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 138 the very near future will have to make a decision as to how far commercial uses should be extended along this highway. 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," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 29. A copy of Exhibit I lS on file ln the Planning Department. PUBLIC HEARING TO CONSIDER A REQUEST BY CDG ASSOCIATES TO CONSTRUCT A SIXTEEN (16) SLIP COMMUNITY BOATING FACILITY AT THE NORTHEAST END OF TOWLES ROAD (S-378, 9/95) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any person present who wishes to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn In: Dexter Hayes, Planning Director Nick Garrett Planning Director, Dexter Hayes, advised that the applicant plans to construct 16 slips with the boating facility being linked to a proposed 13-unit subdivision on adjoining property with three existing lots along Towles Road. He reported the Planning Board voted unanimously to recommend approval of the applicant's request. No special conditions were applied to the Special Use Permit. Discussion was limited primarily on the relationship of the facili ty to the planned subdivision, access easements, and the types of environmental permits that would be needed. The following preliminary Staff Findings were presented: General Requirements #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 submi t ted and following findings: a. Remnants of a smaller facility consisting of a small dock and boat ramp are evident. These are part of the existing boat repair facility on the adjacent high ground. b. Permits from both the Corps of Engineers and Coastal Management Division will be required. Some high ground excavation is proposed, even though this land disturbance will not necessarily affect the public health. c. The site is located in the Seagate 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. Community boating facilities are permitted by right ln the R- 20 Residential District. This site is zoned R-20. b. The applicant will need appropriate environmental permits for the construction of this facility. c. The facility will be linked to a planned residential community and existing lots on adj acent highlands. A preliminary subdivision plan is pending. The plan submitted shows 13 new lots will be provided. The other three lots are pre-existing parcels along Towles Road. The ordinance prohibits having more boat slips than lots. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 139 d. Each lot or lots will be conveyed access to the facility. e. No commercial activities are planned. f. Off-street parking is required at a ratio of one space per boat slip. The applicant proposes to use a small off-street lot in addition to the normal parking at each individual residence. General Requirement substantially injure that the use is a findings: #3: The Board must find that the use will not the value of adjoining or abutting property or public necessity based upon the following a. Community boating facilities usually enhance the value of adjoining properties. b. Similar facilities are located nearby and are common along waterfront communities. 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. Similar facilities are located throughout the area. b. Boating facilities like the one planned for this site are commonplace along the Intracoastal Waterway. Chairman Greer inquired as to whether the petitioner would like to comment. The following remarks were received: Mr. Nick Garrett, the petitioner, stated the neighbors were in favor of the community boating facility because the use would remove the old building on the site and enhance the entire area. Chairman Greer asked Mr. Garrett if he concurred wi th the findings of facts as presented by the Planning Director. Mr. Garrett responded the petitioner was in agreement with the findings as presented. Chairman Greer asked if anyone from the general public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit based upon the evidence presented and the findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 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 14. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 140 PUBLIC HEARING TO CONSIDER A REQUEST BY BOB JAMIESON ET AL. TO CONSTRUCT A NON-RESIDENTIAL OFF-STREET PARKING LOT IN THE R-15 DISTRICT FOR PROPERTY LOCATED ON THE SOUTHSIDE OF WRIGHTSVILLE AVENUE APPROXIMATELY 350 FEET WEST OF STOKELY DRIVE (S-382, 11/95) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any person present who wishes to testify must step forward to be sworn in by the Clerk to the Board. County Attorney Copley reported that Attorney Harold Seagle, representing the petitioner, had presented affidavits from the proponents of the Special Use Permit, and she requested that the affiants be sworn in by the Clerk so they would not have to make presentations, but would be available to answer any questions. The following persons were sworn In: Dexter Hayes, Planning Director George L. Alsina Robert Jamieson Steven J. warwick Planning Director, Dexter Hayes, advised that the applicant was requesting a Special Use Permit to construct a sixty (60) space non-residential off-street parking lot on the south side of Wrightsville Avenue between Stokely Avenue and Allen's Lane. The parking lot is intended to serve a planned office building located on the adjoining lot to the east, which is located within the Town of Wrightsville Beach and subject to the town's planning and zoning regulations. The parcel is one of several pieces of land west of the Intracoastal Waterway annexed by the Town of Wrightsville Beach ln the 1980's. Planning Director Hayes reported the Planning Board voted unanimously to recommend approval of the applicant's petition. No special conditions were applied. The following Preliminary Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: a. The site has direct access to Wrightsville Avenue. b. No special water, sewer or related services are needed for the normal function of a parking lot. c. The site lS located within the Seagate Volunteer Fire District. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: a. Non-residential off-street parking is permitted by Special Use Permit in the R-15 Residential District. The site is zoned R- 15 Residential. b. Access will be provided through the principal use site. c. No access is planned through any residential area. d. Access will be placed along the common boundary of the principal use. e. The site is adjacent to the principal use site for over 200 feet. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 141 f. No point of the parking lot is more than 200 feet from any and all points of the non-residential boundary. g. The site is not closer than 50 feet to any other street right- of-way other than that to which the principal use is adjacent. h. The parcel will be under the same ownership as the principal use. 1. The minimum 10-foot buffer is illustrated on the site plan. J. No information concerning the site lighting is provided. k. The building identification sign would not be permitted in the area zoned R-15 Residential. 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. There are numerous non-residential uses in the area with small to mid-sized parking lots. The largest of these is located to the northwest at the Plaza East Shopping Center. Others in the area include Cross pointe Plaza, the ABC Package Store, Taco Bell, Slaters, and a bank building. 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 several parking lots in the general area catering to a wide range of commercial activities. b. A similar Special Use Permit was issued for a parking lot on Airlie Road. Discussion was held on the use of surrounding properties. Planning Director Hayes reported Parcel A was a mobile home park and Parcel F was primarily used for recreational vehicles. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Attorney Harold Seagle, representing the peti tioner, presented the affidavits for the three witnesses, marked as Exhibits I, II, and III. He requested each affiant to affirm that the affidavit submitted was true and accurate. Mr. George L. Alsina stated the affidavit submitted was true and accurate. Mr. Robert Jamieson stated the affidavit submitted was true and accurate. Mr. Steven J. Warwick stated the affidavit submitted was true and accurate. Attorney Seagle reported the affidavits conclude that the four general requirements have been met as presented by the Planning Director. He requested issuance of a Special Use Permit to construct the off-street parking lot. Commissioner Sisson complimented Mr. Jamieson for car1ng enough to preserve the trees on the site. Chairman Greer closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 142 Motion: Vice-Chairman Mathews complimented the applicant for a well-designed plan and MOVED, SECONDED by Commissioner Sisson to grant a Special Use Permit to construct a non-residential off- street parking lot on the south side of Wrightsville Avenue between Stokely Road and Allen's Lane 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 adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 14. SUBDIVISION APPEAL SUBMITTED BY C. CREASY RELATIVE TO ELIMINATION OF A PLANNED ROAD CONNECTION BETWEEN COVIL FARM ROAD IN COVIL FARM ESTATES SUBDIVISION AND HAWK ROAD IN THE CEDARS AT GORMAN PLANTATION (SA-15, 12/95) Chairman Greer opened the Public Hearing and announced this was an appeal submitted by Mr. Cecil Creasy concerning the elimination of a planned road connection between Covil Farm Road in Covil Farm Estates Subdivision and Hawk Road in the Cedars at Gorman Plantation. He commented on the number of persons present that were interested in presenting comments and advised that the Board would hear three persons in opposition to the road connection and three persons in favor of the road connection. Chairman Greer opened the floor to receive comments. Mr. Cecil Creasy, representing the Snug Harbor Homeowners Association, expressed opposition to the planned road connection and requested all persons in opposition to the road connection to stand. He then requested the persons in favor of the road connection to stand. He informed the Board that a majority of the residents living 1n the surrounding areas were opposed to the road connection, and he advised that the three persons speaking in opposition would be representing these residents. Mr. Don Jarboe, a resident of Gorman Plantation, expressed concern for the safety of children if the road connection is made because of increased traffic through the neighborhood. He reported that twenty homes would be negatively impacted with the road running through Gorman Plantation and stated, in his opinion, the road would create a public safety hazard for the residents of Gorman Planation and Covil Farm Estates without resolving the existing traffic problems in the Ogden area. The Board was urged to protect these small communities and eliminate the planned road connection. Mr. Graig Thomas, a resident of Gorman Plantation, advised that existing traffic in the neighborhood was already negatively impacting the residents of Gorman Plantation because there are only two access roads, one off of the Middle Sound Loop Road and the other through the El Ogden Subdivision. He commented on being aware that a road connection was planned for the subdivision when purchasing his home and stated, in his opinion, the road is needed to provide another access to Gorman Plantation as well as create a better traffic pattern for the surrounding neighborhoods. He urged the Board to allow the road connection to remain in the original subdivision plan to provide another access to better handle traffic that will continue to grow in this area. Mr. John Tyhacz, a resident of Key Colony, reported that Key Colony was a development comprised of forty-three homes and one of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 143 five communities within Covil Farm Estates. He strongly objected to the planned road connection to Gorman Plantation because of its negative impact upon the five communities. He advised that the proposed road connection would only increase the current traffic hazard when exiting from Covil Farm Estates onto the Military Cut- Off Road from either direction. Presently, Covil Farm Road is a tranquil residential street used by the residents for strolling, bike riding, and dog walking. This street serves as the only conduit for neighbors and children to walk or ride bikes to visit friends in Snug Harbor and Pepper Tree. Also, the street serves as the link to the Covil Farm Estates' pool, clubhouse, and tennis complex, which is within walking distance, because the recreational facility is located adjacent to Covil Farm Road in the center of the community. If the planned road connection is completed, this ideal community design will be shattered. In summary, the roads in Covil Farm Estates and adjacent communities are winding, narrow roads that are not designed for a high volume of traffic or for commercial use. By allowing this road connection to occur, traffic and crime will increase and the residential quality of life in Covil Farm Estates and adj acent communi ties will be destroyed. Planning is essential and well intended; however, the road as proposed is not beneficial to the residential subdivisions that have been developed since the original plan for Gorman Plantation. The Board was urged to review the road plan for this area and re- draw the plan to benefit the many communities that will be negatively impacted by the proposed road connection. Mr. Jim Vanoy, a resident of Red Cedar Road, reported if the road is constructed as planned, property values in Gorman Plantation and surrounding communities will decrease because of increased traffic in an existing hazardous area which will become unsafe for its residents and children. He expressed concern for this road not alleviating the existing traffic problem in the area, and he urged the Board to eliminate the road connection as planned. Chairman Greer asked if the opponents present were aware of the planned road connection when purchasing their properties? Mr. Vanoy responded that he was not aware of the proposed road connection when he purchased his property in March 1991. He reported after a conversation with Commissioner Sisson, he was informed the road was not planned until 1992. He expressed concern for adhering to a planned road that will not resolve the traffic problem in this area, but will decrease the property values in surrounding neighborhoods. Mr. James A. Trierwiler, a resident of Cannon Road in El Ogden, expressed concern for the traffic through his neighborhood because of Gorman Plantation, and he urged the Commissioners to allow the road connection to be made in order to share the traffic and provide better access for the delivery of emergency services. Ms. Regina Grimes, a resident of 6513 Red Cedar Road, reported traffic may be generated through the El Ogden neighborhood from Gorman Plantation; however, diverting the traffic from Middle Sound Loop Road through Covil Farm Estates and other residential neighborhoods would not resolve the current traffic problems. She requested the Board to eliminate the proposed road connection. Mr. Ronald Freeman, a resident of 113 Cannon Road, reported due to increased traffic from Gorman Plantation through El Ogden, traffic has become a safety hazard for children living in the area and using the bus stops. He urged the Board to maintain the road connection as specified in the site plan. Chairman Greer asked the Planning Director to explain why this road was added to the site plan? Planning Director Hayes reported the residents of the Ogden and Middle Sound area listed traffic congestion as the number one NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 144 problem in the Neighborhood Plan for the Ogden/Middle Sound area. At that time, Market Street had not been widened, there was no traffic signal at the entrance of the Middle Sound Loop Road, and a Deputy Sheriff had to direct traffic in and out of the Ogden Elementary School. The Neighborhood Plan was adopted by the Board of County Commissioners in May, 1987 with the future road connections shown in the plan. Since the County is prohibited by State Law from constructing roads, the County worked with developers when constructing projects on both sides of Howe Creek. Subdivision developments on the north side of Howe Creek and its tributaries were required to locate a road connection at a suitable creek crossing for future access to the Military Cut-Off Road. Landmark Developers dedicated a street right-of-way to Cores Branch as part of the platting and subdivision approval process in 1994 for the Cedars at Gorman Plantation. Mr. Dallas Harris received preliminary and final approval for the Covil Farm Estates Subdivision contingent upon completion of a connection to the Military Cut-Off Road within two years of the approval date. The two-year time limit expired on April 13, 1995. Today, traffic and transportation needs are even more pressing than they were in 1987. Al though some improvements have been made to Market Street, a critical need still exists to provide alternative access roads into Middle Sound. Residential developments on both sides of Howe Creek continue to grow at an astounding rate. The road connection as planned will be the only opportunity for the County to provide an additional access road in the Middle Sound are. Chairman Greer commented on the road being planned in 1987 and asked Planning Director Hayes if the road was still appropriate for the area? Planning Director Hayes responded there was a greater need for the access road than in 1987. Chairman Greer closed the Public Hearing. vice-Chairman Mathews commented on the importance of another access for the delivery of emergency services and he expressed concern that the residents living in the area were not aware of the importance of response time during an emergency. Commissioner Sisson commented on being a resident of the Ogden area and stated his subdivision was now being surrounded by new development. He advised that the street in front of his home was a designated stub street and would be connected to the new development once the project was completed. He noted that traffic would increase in front of his residence with the proposed road connection, but stated, in his opinion, it was necessary to provide proper access to create a better traffic pattern in the subdivision as well as receive timely emergency responses. He reported on the problems incurred with persons trying to leave and come into the Middle Sound area when the forest fire occurred in Pender County a few years ago and stated it was imperative to provide another access road into the area. The Board was urged to consider the need for additional access to the area for the delivery of emergency services when rendering a decision on the appeal. Motion: Mathews plan as Board. Commissioner Sisson MOVED, SECONDED by Vice-Chairman to allow the road connection to remain in the original site recommended by the Technical Review Committee and Planning Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF STAFFING AND EQUIPMENT PLAN FOR DISTRICT Commissioner Sisson commented on the need to providing adequate fire protection to the 421 corridor and presented the following report: 421 NORTH FIRE move forward with North industrial NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 145 Presently, fire protection services are being provided by the Winter Park and Wrightsboro Volunteer Fire Departments under the terms outlined in the existing annual service contracts between the County and respective Volunteer Fire Departments. The fire station previously operated by the North Wilmington Volunteer Fire Department is owned by Hoechst Celanese (Cape Industries). The building is in need of repair and renovation to meet the fire code for overnight response personnel. Presently, Hoechst Celanese uses the building for storage and the bay area for hands-on training. The building is ideally located for the response district, and Mr. Bob Mack, an official of Hoechst Celanese, has indicated by phone that the company remains interested in allowing the facility to be re-established as a community fire station. The following figures were presented: First-Out Response Vehicle and Minimal Equipment $140,000 First-Out Pumper/Tanker Combination and Minimal Equipment 135,000 Quick Response Vehicle and Minimal Equipment 40,000 Building Renovation, Facility & Equip. Maintenance 30,000 Salaries, Training & Personal Equipment 168,000 Training & Physicals 19,600 Personal Equipment 40,460 TOTAL ESTIMATED COST FROM 1/96 - 6/96 19,000 $592,060 Insurance In summary, Commissioner Sisson noted that the present response time was not adequate, and in his opinion, this area should be a priority because of the high risk for a hazardous materials incident. He reported the Fire Commission had approved the plan, and he requested the Board to move forward with purchasing equipment and providing adequate fire protection to this area as outlined. Commissioner Barone recommended contracting with the City of Wilmington Fire Department to cover this area because the City already has the necessary equipment and trained fire personnel to handle hazardous waste incidents. She strongly objected to the County becoming involved in a paid fire service. Chairman Greer recommended waiting until after the first of the year to see how Phase I of the City's annexation plan would impact the Volunteer Fire Departments within the annexed area. Commissioner Sisson, again, reiterated the importance of moving forward with the provision of an adequate fire service to this area. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews for the Board to move forward with a combined career/volunteer fire service on Highway 421 North with a commitment to begin the hiring and equipment purchases after the first of the year. The floor was opened to discussion. Chairman Greer stated, in his opinion, the County should contract with the City to provide fire service to this area. Commissioner Sisson reported if the City and County do not combine into one fire service, the County will have to place paid personnel in the Volunteer Fire Departments to provide a quality fire service with an adequate response time. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 146 Commissioner Caster reported the City and County should discuss this matter and work together in combining the two fire services as recommended during the consolidation issue. Chairman Greer commented on the importance of working with the Volunteer Fire Departments and the City before rendering a decision. He inquired as to whether a particular fire district could be declared as a "hazards materials district" with an increased fire tax? County Attorney Copley reported the current fire district would have to be resolved and new districts created at the end of the fiscal year to become effective at the beginning of the next fiscal year. After further discussion, Chairman Greer called for a vote on the motion to proceed with a career/volunteer fire service in the North Wilmington area. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to work with the City in studying the consolidation of the City and County fire services. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on forming a committee to study combining the fire services with two representatives from the Board of County Commissioners; two representatives from the City Council; two representatives from the Wilmington Fire Department; and two representatives from the Volunteer Fire Departments. The Chairman was authorized to write a letter to Mayor Betz informing him of this action. Commissioner Sisson requested the Board to allow him to serve on the Committee if the City Council agrees to develop a plan for combining the City and County fire services. BREAK Chairman Greer called a break from 10:39 P.M. until 10:53 P.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the Water & Sewer District from 10:54 P.M. until 11:01 P.M. ADDITIONAL ITEMS - COUNTY MANAGER ANNOUNCEMENT OF ECONOMIC DEVELOPMENT BLOCK GRANT AWARD FOR VISION SOFTWARE, INC. County Manager O'Neal announced that New Hanover County was recently notified that the Economic Development Block Grant award has been approved for the Vision Software, Inc. proj ect. He complimented the County Planning Staff for an excellent job in handling and processing the grant application. ANNOUNCEMENT OF THE PLANNING DEPARTMENT BEING MOVED TO THE ANNEX BUILDING County Manager 0' Neal announced renovations to the Annex Building had been completed and reported the Planning Department was now located in the building. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1995 BOOK 25 PAGE 147 ADDITIONAL ITEMS - COUNTY COMMISSIONERS NOTIFICATION OF ZONING BOARD OF ADJUSTMENT HEARINGS Commissioner Sisson reported adjoining property owners were not being notified of the Zoning Board of Adjustment hearings. He recommended using the same notification process as used when notifying persons for rezoning cases. After discussion, the County Attorney was requested to contact Ms. Ann Hines, the Chief Zoning Enforcement Officer, to be sure that adjoining property owners would be notified of future Zoning Board of Adjustment hearings. DISCUSSION OF HIGH DENSITY PROJECTS Commissioner Sisson reported that four high density projects had been submitted to the Technical Review Committee (TRC) with approval of the projects in R-15 residential zones. He expressed concern for these zoning changes being approved by the TRC without final approval by the Board of County Commissioners. He urged the Board to consider changing the current procedure in order to better control high density projects throughout the county. After discussion, County Attorney Copley suggested preparing an ordinance and stated she would be glad to work with the Planning Director on amending the review process. ADJOURNMENT Chairman Greer adjourned the meeting at 11:39 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board