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1996-02-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 230 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 5, 1996, 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 TO THE FLAG Reverend E. J. George gave the invocation. vice-Chairman Mathews led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that this portion of the agenda was reserved to allow persons attending the meeting 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. No items or comments were presented. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Items 5 and 14-H for further discussion. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to remove Consent Agenda Item 5 and 14-H as requested by the Chairman and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of January 16, 1996, as presented by the Clerk to the Board. Acceptance of 1995-96 HUD Grant for Human Relations The Commissioners accepted the 1995-96 HUD Grant for Human Relations in the amount of $7,600 and authorized the County Manager to execute the grant agreement. Grant funds in the amount of $5,000 will be used to attend HUD sponsored training workshops. A copy of the grant agreement lS on file ln the Finance Department. Adoption of Resolution Authorizing the Finance Director to Dispose of the Coulter Hematology System as a Trade-In on the Purchase of a New Coulter System for the Health Department Laboratory and Approval of Budget Amendment #96-0115 The Commissioners adopted a resolution authorizing the Finance Director to dispose of the Coulter Hematology System pursuant to N.C.G.S. 160A-267 as a trade-in (private sale) in the amount of $3,435.50 on the purchase of a new Coulter Hematology System for the Laboratory at the Health Department. The following Budget Amendment was approved to budget funds for the purchase of the replacement equipment: #96-0115 Health/Lab Health/Lab Sale of Fixed Assets Debit Credit $ 3,436 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 231 (Budget Amendment #96-0115 continued) Salaries & Wages Capital Outlay - Equipment Debit 13,649 Credit $17,085 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. Acceptance of Grant Award for the 1996 Cooperative Extension Summer Program for School Age Children and Approval of Budget Amendment #96-0113 The Commissioners accepted a grant award in the amount of $40,000 from the N. C. Cooperative Extension 4-H Youth Development Division for the 1996 New Hanover County Cooperative Extension Summer Program for school age children. The following Budget Amendment was approved to increase the budget for the grant award, and the Chairman was authorized to execute the necessary grant documents: #96-0113 Cooperative Extension Debit Credit Cooperative Extension Cooperative Block Grant $40,000 Cooperative Extension Salaries FICA Medical Insurance Supplies Travel and Training $29,060 2,230 1,610 3,000 4,100 Acceptance of N. C. Coastal Management Public Beach Access Grant Award The Commissioners accepted a N. C. Coastal Management Public Beach Access grant award in the amount of $17,625. The County will provide matching funds in the amount of $3,375 plus in-kind services in the amount of $2,500. The funds will be used to replace two fishing/observation piers, picnic tables, and parking lot improvements at the Riverside Park near Castle Hayne, N. C. Reclassification of Material Control Specialist to Safety Officer -WASTEC Facility - Department of Environmental Management The Commissioners approved the reclassification of a vacant Material Control Specialist position to a Safety Officer position at the WASTEC Facility to monitor the work habits of the employees to ensure that safety guidelines are being followed. Authorization for the Sheriff to Apply for a Federal Grant from the N. C. Department of Crime Control and Public Safety - Sheriff's Department The Commissioners authorized the Sheriff to apply for a federal grant in the amount of $64,275 from the N. C. Department of Crime Control and Public Safety. If the grant is awarded, the funds will be used to upgrade the Criminal Justice Information System by installing a Consolidated Records Information System. The grant will require a 25% match to be appropriated from Federal Forfeited Property funds. Acceptance of Discretionary Grant for the Criminal Justice Partnership Program and Approval of Associated Budget Amendment #96-0131 The Commissioners accepted a Discretionary Grant in the amount of $36,720 for the Criminal Justice Partnership Program. The funds will be used to renovate and purchase additional equipment for the Day Sentencing Center. The following Budget Amendment was approved and the Deputy County Manager was authorized to execute the necessary grant documents: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 232 96-0131 Criminal Justice Partnership Debit Credit Criminal Justice Partnership Criminal Justice Grant $36,720 Criminal Justice Partnership Other Improvements Capital Outlay $10,000 26,720 Purpose: To increase the budget for Discretionary Grant awarded to the Criminal Justice Partnership Program. Adoption of Resolution Awarding Bid #96-0241 (Contract #96-0241) to Carolina Telephone and Telegraph Company for Purchase of ROLM Telephone System Upgrade The Commissioners adopted a resolution awarding a bid in the amount of $268,971.31 to Carolina Telephone and Telegraph Company for the purchase of a ROLM Telephone System Upgrade for the New Hanover County Administration Building, the New Hanover County Annex Building, Social Services Building, and Building 2 of the Health Department. Staff was authorized to sell surplus ROLM telephone equipment as a trade-in. The equipment will be purchased through installment financing with First Union National Bank. 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 10. Adoption of Resolutions to Add Roads to the N. C. Highway System The Commissioners adopted resolutions to add the following roads to the N. C. Highway System: Indian Corn Trail and Tall Oaks Drive (Ratification) Whitted's Circle Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 10. Ratification of the Appointment of William Baugh to the New Hanover Human Relations Commission The Commissioners ratified the appointment of Mr. William Baugh to serve as the Chamber of Commerce Representative on the New Hanover Human Relations Commission as requested by the Commission. The term will expire December 31, 1998. Acceptance of the "Report of Disposals of Personal Property" for the Period of July 1, 1995, through December 31, 1995, as Submitted by the Finance Director The Commissioners accepted the "Report of Disposals of Personal Property" for the period of July 1, 1995, through December 31, 1995, as submitted by the Finance Director in accordance with NCGS 160A-266(c). A copy of the report is on file ln the Finance Department. Approval of Budget Amendment #96-36 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-36 Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $11,295 Federal Forfeited Property Supplies $11,295 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 233 be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-35 - Controlled Substance Tax - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-35 Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $675 Controlled substance Tax Supplies $675 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #96-0116 to Budget a Contribution to Cape Fear Resource Conservation & Development, Inc. The Commissioners approved the following Budget Amendment: 96-0116 Non-Departmental/Outside Agencies/Economic & Physical Development Debit Credit Non-Departmental Contingencies $1,000 Outside Aqencies/Economic & Physical Development Cape Fear Resource Conservation & Development, Inc. $1,000 Purpose: To budget a contribution to Cape Fear Resource Conservation & Development, Inc., a non-profit agency that serves Brunswick, Columbus, New Hanover, and Pender counties. The program serves as a catalyst for local people and civic-oriented groups to share knowledge and resources in a collective way to solve common problems. Approval of Budget Amendment #96-0105 to Budget Grant Award for Riverside Park, Phase II - Parks Department The Commissioners approved the following Budget Amendment: 96-0105 Parks Debit Credit Parks Riverside Park $17,625 Other Improvements $17,625 Purpose: To budget a grant awarded to the Parks Department for Riverside Park, Phase II. Approval of Budget Amendment #96-0117 - Health/Project Assist The Commissioners approved the following Budget Amendment: 96-0117 - Health/Project Assist Debit Credit Health/Prolect Assist Contributions $2,000 printing Miscellaneous $1,000 1,000 Purpose: To budget contributions for the "Commit to Quit" smoking project for printing 15,000 brochures and funds for a $1,000 grand prlze. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 234 Approval of Budget Amendment to Budget Child Fatality Prevention Team Grant Funds - Health Department The Commissioners approved the following Budget Amendment: 96-0118 Health Department/Child Health Debit Credit Health Department/Child Health CFPT State Grant $1,358 Departmental Supplies $1,358 Purpose: To budget the Child Fatality Prevention Team grant funds for supplies associated with the program. Approval of Budget Amendment #96-0120 for Transfer of Funds to New Hanover County Schools The Commissioners approved the following Budget Amendment: 96-0120 New Hanover County Schools Debit Credit New Hanover County Schools School Capital Outlay - Furniture/Equip. School Capital Outlay - Vehicles $18,000 $82,000 School Capital Outlay Engineering Services/Feasibility $100,000 Purpose: To transfer funds from Furniture/Equipment (Category II) and Vehicles (Category III) to Architect/Engineering Services/Feasibility (Category I) to perform a professional system- wide survey of New Hanover County Schools' HVAC/Roofing needs as requested by the Schools. Approval of Budget Amendment #96-0124 Human Services Transportation The Commissioners approved the following Budget Amendment: 96-0124 - Human Services Transportation Debit Credit Human Services Transportation General Public Allocation Grant $9,103 Human Services Transportation General Public Allocation $9,103 Purpose: To reduce the budget to actual amount of funds to be received for Fiscal Year 1995-96. Approval of Budget Amendment #96-0125 - Department of Aging The Commissioners approved the following Budget Amendment: 96-0125 Department of Aging Debit Credit Dept. of Aqinq/Senior Center Other Revenue $1,149 Dept. of aqinq/Senior Center Contracted Services $1,149 Purpose: To increase the budget for revenue received for registration fees charged to attend fund rasing workshop presented by June Durham. Approval of Consent Agenda Item 5, Authorization for Purchase of Incident Command and Mass Casualty Vehicle for the Department of Emergency Management and Approval of Associated Budget Amendment #96-0114 Chairman Greer inquired as to whether the Board of Fire Commissioners had approved financing 50% of the incident command NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 235 vehicle, and he requested an explanation as to why this request was being submitted during the middle of the year instead of through the upcoming budget process? Commissioner Sisson replied the 50% funding was approved by the Board of Fire Commissioners contingent upon a 50% match by the County. County Manager O'Neal noted that an error had been made in the agenda information and reported the 50% match should be $12,000 instead of $17,000. As to requesting a replacement vehicle during the middle of the year, Staff has no problem with presenting the request through the regular budget process; however, this vehicle is a vital part of the emergency response efforts, particularly when responding to fires, air crashes, and severe weather. He advised the present vehicle was 24 years old and could not be repaired. Motion: After discussion of the need for this type of vehicle, Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to authorize the Emergency Management Department to proceed with replacing the emergency vehicle at a cost of $24,000 and approve the following Budget Amendment to transfer funds from the Fire District and General Fund Contingencies. The floor was opened to discussion. Commissioner Barone stated since there are two vehicles, she could not vote to replace the other vehicle. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone 96-0114 Fire District/Non-Departmental/Emergency Management Debit Credit Fire District Appropriated Fund Balance Transfer to General Fund $12,000 $12,000 Emerqency Manaqement Operating - Transfer In $12,000 Non-Departmental Contingencies $12,000 Emerqency Manaqement Motor Vehicle Purchases $24,000 Approval of Consent Agenda Item 14-H, Budget Amendment #96-0123 for Medical Services at the Jail - Health Department Chairman Greer requested an explanation as to why medical services had continued to increase at the jail with the recently adopted medical fees. Deputy County Manager, Andrew J. Atkinson, advised that fees were implemented to reduce the number of inmates that were using jail medical services with no real medical problems. During the past year, unusual incidents and medical problems have occurred, which have required expensive Emergency Room services and hospital stays for a few of the inmates. After discussion, the County Manager was requested to prepare and forward a report reflecting the cost overrun of medical services provided at the jail. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 236 Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 96-0123 Non-Departmental Health/Jail Debit Credit Non-Departmental Contingencies $42,500 Health/Jail 2,500 Contracted Services $45,000 Purpose: To budget additional health fees and transfer contingency funds to meet the increased need for medical services at the Jail. RECOGNITION OF MICHELLE FIELDS AS THEME WINNER FOR HUMAN RELATIONS MONTH Chairman Greer, on behalf of the Board, presented a plaque to Ms. Michelle Fields of D. C. Virgo Middle School, in recognition of her theme to be used during Human Relations Month, "Don't Hate; Communicate" . Ms. Field was congratulated by each member of the Board and a round of applause was given to her in recognition of this honor. ADOPTION OF PROCLAMATION DECLARING FEBRUARY, 1996, AS HUMAN RELATIONS MONTH IN NEW HANOVER COUNTY Chairman Greer read the proclamation declaring February, 1996, as "Human Relations Month" in New Hanover County and requested a motion for adoption of the document. He encouraged all persons present to attend the many events that have been planned for celebrating Human Relations Month in New Hanover County. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the proclamation declaring the month of February, 1996, as "Human Relations Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer presented the resolution to the Chairperson of the Human Relations Commission, Ms. Bessie Funderberg. Ms. Funderberg expressed appreciation to the Board for support of the Human Relations Commission during her four years of service, and she urged everyone to recognize the need to develop better human relations throughout the community every day of the year. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. ADOPTION OF PROCLAMATION DECLARING FEBRUARY 14, 1996, AS "BRIGADE BOYS AND GIRLS CLUB DAY" IN NEW HANOVER COUNTY IN RECOGNITION OF THE ORGANIZATION'S 100TH ANNIVERSARY Chairman Greer read the proclamation declaring February 14, 1996, as "Brigade Boys and Girls Club Day" in New Hanover County in recognition of its 100th Anniversary and requested a motion for adoption of the document as read. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the proclamation declaring February 14, 1996, as "Brigade Boys and Girls Club Day" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer presented the proclamation to Mr. Gary Chadwick and congratulated the agency for 100 years of volunteer service given to help young people in New Hanover County. Mr. Chadwick expressed appreciation to the Board for support of the Brigade Boys and Girls Club. He reported the agency will NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 237 continue to provide assistance to youth from all particularly those from disadvantaged backgrounds. backgrounds, A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. SECOND READING OF THE NEW HANOVER COUNTY HAZARDOUS MATERIALS INFORMATION STORAGE BOX ORDINANCE TO BE CODIFIED AS ARTICLE IV OF CHAPTER 8, FIRE PROTECTION AND PREVENTION Chairman Greer announced this was the second reading of the New Hanover County Hazardous Materials Information Storage Box Ordinance, and asked if there were any comments from the members of the Board or the general public. No comments were received. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to adopt the New Hanover County Hazardous Materials Information Storage Box Ordinance to become effective upon ratification by the N. C. Building Code Council. The floor was opened to discussion. Chairman Greer stated, for the record, he could not vote for the ordinance because he felt it was not necessary. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Caster Chairman Greer A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. The ordinance will be codified into the New Hanover County Code. AWARD OF CONTRACT #95-0367 TO WES-BEN COMPANY, INC. FOR CLOSURE OF CELL 3A AT THE NEW HANOVER COUNTY LANDFILL Director of Environmental Management, Ray Church, advised that N. C. Solid Waste regulations require closing portions of the Landfill which have reached capacity to avoid infiltration of rainfall. He reported the following bids for closure of Cell 3A were received on January 4, 1996, and stated after review, Staff recommends award of the bid to Wes-Ben Company, Inc.: Tri-State Consultants, Inc. Wes-Ben Company, Inc. Ground Improvement Technologies $363,232 $330,314 $628,000 Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution awarding the contract to Wes-Ben Company, Inc. in the amount of $330,314 for closure of Cell 3A at the New Hanover County Landfill. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. A copy of the contract is on file in the Legal Department. ADOPTION OF PROCLAMATION DECLARING "RESPECT FOR LAW WEEK" IN NEW HANOVER COUNTY FROM FEBRUARY 11-17, 1996 Chairman Greer read the proclamation submitted by the Cape Fear Optimist Club declaring "Respect for Law Week" in New Hanover NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 238 County from February 11-17, 1996, and requested a motion for adoption of the document as read. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the proclamation declaring February 11-17, 1996, as "Respect for Law Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. ADDITIONAL ITEMS - COUNTY MANAGER Chairman Greer requested the County Manager to present any additional items since the public hearings could not be heard until 7:30 P.M. The following items were presented. Discussion of Proposals Received for the Emergency Operations Center County Manager 0' Neal reported an architect was needed to perform work on the Emergency Operations Center. After requesting proposals, two qualified architects presented bids that were within pennies of each other. In order to determine which firm should receive the contract, Staff has scheduled presentations on February 12, 1996, at 9:30 A.M. and February 13, 1996, at 9:00 A.M. in Room 501 of the County Administration Building. The Commissioners were invited to attend the presentations. Discussion of Problems Incurred with Replacement of the Roof on the Main Library Building Coun ty Manager 0' Neal explained that unusual problems had occurred with replacing the roof on the Library. He requested the Board to approve a Budget Amendment in the amount of $20,000 to complete the project. He reported the project should be completed with an additional $14,500; however, due to the possibility of other problems occurring, Staff felt a $4,500 contingency should be established. Commissioner Barone advised that severe damage could occur on a flat roof with workmen walking back and forth across the roof. She requested the County Manager to consider building a catwalk or some type of platform to avoid unnecessary damage during the roof replacement project. County Manager O'Neal agreed and stated this option would be considered. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the following Budget Amendment in the amount of $20,000 for replacing the roof on the main Library Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #96-0132 - Non-Departmental/Engineering Debit Credit Non-Departmental Contingencies $20,000 Enqineerinq Other Improvements $20,000 Discussion of City Resolution Regarding the Use of Excess Wastewater Capacity County Manager O'Neal presented a copy of a resolution adopted by the Wilmington City Council authorizing the use of excess wastewater capacity by New Hanover County contingent upon the development of an inter local agreement to address a cost-sharing policy. It appears the City is interested in cooperating with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 239 County, and Staff is in the process of preparlng an agreement to be submitted to the City. Authorization for the County Administrative Staff to Meet with the Candidates Campaigning for the Vacant Seats on the Board of County Commissioners County Manager O'Neal reported on the numerous requests for information from the candidates when campaigning for vacant seats on the Board of County Commissioners. He requested authorization to schedule a meeting with the candidates so the Administrative Staff could present information on the functions of County Government. After discussion of an informational meeting of this type being helpful to the candidates, the Board authorized the County Manager to proceed with scheduling a meeting. Announcement of the Annual Meeting of the Cape Fear Council of Governments County Manager 0' Neal announced the annual meeting of the Cape Fear Council of Governments would be held on February 22, 1996, at the United Carolina Bank Training Center, in Whi teville, North Carolina. The Commissioners were invited to attend. BREAK Chairman Greer called a break from 7:14 P.M. until 7:36 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY RANDALL BRAY FOR TKL, INC. TO REZONE 21.5 ACRES AT THE SOUTHEAST CORNER OF U. S. HIGHWAY 421 NORTH AND N. C. HIGHWAY 133 PREVIOUSLY OCCUPIED BY WILMINGTON SHIPYARD TO CONDITIONAL USE B-2 BUSINESS AND CONDITIONAL USE R-15 FROM B-1 BUSINESS AND I-2 HEAVY INDUSTRIAL (Z-559,1/96) Chairman Greer opened the Public Hearing and announced the Conditional Use process requires issuance of a Special Use Permit; therefore, any persons wishing to present testimony must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Randall Bray John K. Klein Planning Director, Dexter Hayes, reported the Planning Board voted four (4) to two (2) to recommend approval of the application and attendant site plan without modification. The Chairman of the Planning Board did not vote because he represents the property owner in other legal matters. The members of the Planning Board that voted in favor of the application felt the rezoning would be a major improvement to the area and was consistent with the Land Use Plan and the Zoning Ordinance. Those in opposition questioned the propriety of residential uses in the area and felt that recreational boating associated with the marina could interfere or create hazards to commercial shipping. The only opposition from the public was from the attorney representing Almont Shipping Company who argued that placement of residential uses on the site might create future adversarial conflicts such as residents complaining about industrial impacts even though the industrial facility occupied the area first. He also expressed concern about recreational boating which could become a hazard for commercial shipping that is commonplace along this stretch of the Cape Fear River. Planning Director Hayes noted there was a small portion of the property already zoned commercially along the old Point Harbor Road going into the intersection at the bridge. The remaining property is part of a large 1-2 Heavy Industrial District. The following preliminary Staff findings were presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 240 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 submi t ted and following findings: a. The site has access to existing public streets. b. The site lS located ln the old North Wilmington Fire Department District. Service to this district is provided by a contractual arrangement with the Wrightsboro Volunteer Fire Department. c. The exact source for water and sewer serVlce lS not known. General Requirement #2: The use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: a. A site plan pursuant to the Ordinance has been submitted. b. The plan identifies all planned land uses. c. The plan identifies the perimeter boundary and adjoining land uses. d. No data are provided concernlng traffic counts or traffic impacts. e. No data are provided concernlng existing trees. General Requirement #3: 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. Many of the nearby properties are vacant. b. Redevelopment of this site as planned would be a significant change to the quality of land uses ln the area. General Requirement #4: 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. The property to the south is a marine salvage yard. Land to the northwest is a truck stop and restaurant. Land across the river is developed with industrial uses, including a specialty lumber company and a shipping company. Planning Director Hayes advised that redevelopment of this site would create a major gateway at one of the main entrances to the City of Wilmington. He reported the project would enhance the site, but he felt the following concerns should be considered: (1) Concern about the impact of the former operation on the area's groundwater. Test wells have been strategically placed throughout the site to help in the assessment, but the results of the study are pending. An environmental assessment will have to be completed for the property before the project can begin. (2) Concern for the appropriateness of residential uses on the site, especially single-family homes, which will be in close proximity to large areas of open-ended heavy industrial zoning. The residents could potentially be exposed to dust, smoke, air borne debris, and noise from manufacturing operations, which are automatically permitted on those properties. Also, residential uses would be exposed to heavy, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 241 intense, truck traffic which lS common along U. S. Highway 421 and N. C. Highway 133. (3) Concern for the provision of public services. Wells and septic tanks may not be practical given the intensity of planned uses. Also, the development of a private package treatment system is not the most desirable choice, primarily due to the requirements for long-term maintenance. A more practical alternative would be to connect to the City's water and sewer system. Planning Director Hayes informed the Board that the applicant had recently discussed the possibility of connecting to the City's water and sewer system. It appears the City is willing to provide the services contingent upon a petition for annexation of the property. Chairman Greer opened the floor to receive comments from the witnesses sworn in. The following remarks were received. Mr. Randall Bray, representing TKL, stated the total site area was approximately 21.5 acres of which 6.25 acres has been identified by the U. S. Corps of Engineers as wetlands. The wetlands will be preserved, and an additional 3.5 acres will be used for bike paths and observation areas. The remaining property will be developed as a quality community to encompass recreational areas, offices, and single family dwellings, centered around a community center between the proposed marina and community area. The proposed project will clean up the site, eliminate the two discharges into the river, and re-clean a somewhat contaminated site back into an outstanding public and private use. Also, a "green marina" will be developed, which means that a pump-out facility will be provided for each boat slip. The Board was requested to approve the conditional use zoning as requested. Commissioner Sisson noted that the site plan did not show existing trees and vegetation, and he asked Mr. Bray if he would be willing to comply to the buffering requirements outlined in the Zoning Ordinance? Mr. Bray responded that all plant life had been identified through computer drawings; therefore, all green areas would be preserved and protected. Commissioner Barone asked Mr. Bray if he had met with any officials from the Almont Shipping Company? Mr. Bray replied that he had met with the officials and stated he felt favorable negotiations were occurring; however, he was not at liberty to discuss these matters. Chairman Greer expressed concern for this type of proj ect being located in an industrial area, and he stressed the importance of all persons recognizing that these businesses were already in place and would not be downzoned in the future. Mr. Bray reported a statement of disclosure could be prepared; however, the all parties businesses, activities. present laws had been sufficient to keep harmony among in an identical situation across the river where housing, and colleges were adj acent to industrial Chairman Greer asked Mr. Bray if he would agree to place a covenant to disclose the close proximity of existing and potential industrial uses to future buyers as a condition of the Special Use Process? Mr. Bray agreed to a covenant condition as part of the Special Use Permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 242 Assistant County Manager, Dave Weaver, reported after a conversation with a City Staff member, the City would like for the Board to place a condition in the Special Use Permit that would require the project to use either City or County water and sewer servlces. Commissioner Sisson expressed concern for the City requiring the applicant to petition for annexation in order to provide public utilities, and then requesting a condition that would require the project to connect to either the City or County water and sewer services when the County is not in the process of expanding these services to the area. He stated, in his opinion, this type of condition would not be appropriate unless the City works out an appropriate agreement for providing the utilities. Mr. Bray reported the applicant fully intends to work harmoniously with the City, but it may be ten to fifteen years before an agreement can be reached. The Board was requested to allow the developer an opportunity to establish a central water and sewer system under the State permitting process until public utilities can be provided to the area. There being no further comments from the public, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve rezoning 21.5 acres at the southeast corner of U. S. Highway 421 North and N. C. Highway 133 previously occupied by Wilmington Shipyard to Conditional Use B-2 Business and Conditional Use R-15 from B-1 Business and 1-1 Heavy Industrial. 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. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9-A, Page 39. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to grant a Special Use Permit for the project contingent upon the condition that a covenant be established to disclose to future buyers the close proximity of existing or potential industrial uses. The Special Use Permit was granted 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 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 15. Chairman Greer recognized Wilmington City Councilman, Harper Peterson, and reported he was sure the City Council would be willing to work with the applicant to see if some type of agreement could be reached on the provision of public utilities. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ESTABLISH A SPECIAL USE PERMIT REVIEW REQUIREMENT FOR CONSTRUCTION OF CELLULAR TOWERS AND OTHER RELATED FACILITIES EXCEPT IN I-1 AND I-2 DISTRICTS, INCLUDING A 250 FOOT MINIMUM SETBACK FROM ANY ADJACENT RESIDENTIAL DISTRICT BOUNDARY (A-271, 1/96) Chairman Greer opened the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 243 Planning Director Hayes advised that a list of options were presented and outlined to the Planning Board. Currently, the Zoning Ordinance classifies cellular and related towers as "other communication facilities." The towers are permitted by Special Use permi t in all residential districts and by right in all non- residential districts. The options presented include requiring Special Use Permits in all districts; requiring minimum setbacks and/or setbacks based on the tower height; permitting towers by right in the industrial districts; requiring that all collocation opportunities or shared use facilities be exhausted prior to constructing new towers; and requiring the removal of abandoned towers. The Planning Board discussed requiring Special Use Permits for all towers in all districts; establishing minimum setbacks based on the tower height; permitting towers by right in industrial districts; requiring collocations; requiring removal of abandoned towers; and requiring a safety zone around the tower to address the impacts caused by collapse. The Planning Board recommended the following reV1Slons to the Zoning Ordinance: A. Revise the Table of Permitted Uses to require a Special Use Permit for all towers except in the 1-1 and 1-2 Districts. The towers would be permitted by right in 1-1 and 1-2. Modify entry in table "Other Communication Facilities" to include a reference to towers" Other Communication Facili ties, Including Towers" . B. Add Section 72 -3 8 to read as follows: Other Communication Facilities, Including Towers.. . These facilities are permitted in the applicable zone subject to the district requirements and provided that: (1) all towers shall be set back a minimum of 250 feet from any residential zoning district boundary; and (2) any tower abandoned for a period of one (1) year must be dismantled and removed within thirty (30) days. Planning Director Hayes reported that Staff agrees with the changes suggested in A, but would recommend creating a new Section 69.17, which reads as follows, instead of adding the Special Use Section. Section 69.17: Other Communication Facilities, Including a Cellular and Related Towers. . . . .All tower antennas and related structures shall be a minimum of 250 feet from residentially zoned property and shall be located such that all supporting cables and anchors are contained within the property. All support buildings, panels and related structures shall be screened from the view of any adjoining residential use. Any abandoned tower must be dismantled and removed after one year of discontinuance. Special Use Permits are required in all districts except the 1-1 and 1-2. Planning Director Hayes explained that Section 69.17 would better assure that all towers, whether permitted by right or by Special Use Permit, would have to comply with the 250 foot minimum setback from residentially zoned properties. This section, also, would be consistent with recent regulations adopted by the City of Wilmington. Planning Director Hayes reported the Board could consider the following approaches: (1) Require a Special Use Permit for the placement of all towers. This process would require an assessment of each request on a case-by-case basis depending upon the proximity of the tower to adjacent residential properties, the height of the tower, and the impact of the tower on the surrounding neighborhoods. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 244 A Special Use Permit would allow the Board to apply the appropriate conditions in each situation. (2) Prepare an amendment to allow certain towers to be permitted by right if certain predetermined performance criteria are met, such as 250 feet from adjoining lines or landscaping. vice-Chairman Mathews requested an explanation as to why there were more stringent buffer requirements in the Bell South proposal. Planning Director Hayes explained that consideration must be given as to when the buffering requirements outlined by Bell South would be imposed. For example, if there is a 250 foot setback from adjacent property, there is less need for a buffer area; however, if the tower is only 100-150 feet in height, as outlined in the Bell South proposal, more buffering would be needed. Also, the existing landscaping and buffering standards in the Zoning Ordinance could be applied by the Board in appropriate situations. vice-Chairman Mathews stated, in his opinion, Bell South would be willing to allow for the necessary buffering to enhance the visibility of a tower. Chairman Greer commented on the 250 foot setback and inquired as to why setbacks and restrictions were placed in residential zones when the Board would be reviewing each case and determining the necessary conditions for each situation. Planning Director Hayes responded this would be true if the Board decides to require Special Use Permits for the placement of all towers; however, if the Board decides to allow certain towers to be permitted by right in an industrial district, then a 250 foot standard would be needed to protect surrounding residential areas. He noted the Board would have to decide on the following factors: (1) How to handle the height of towers. (2) Decide on setbacks, whether minimal or based on the tower height. (3) Address collocation concerns. (4) Decide on regulations concernlng abandoned towers. (5) Decide whether or not to require a Special Use Permit. Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: Attorney William A. Raney, Jr., representing the homeowners in the Samsara area, commented on the pending application for the placement of a cellular tower in the neighborhood and reported there was a definite need for an amendment to the New Hanover County Zoning Ordinance. After a review of the proposals presented by the Planning Board and Planning Staff, it is felt that the recommendation by the Planning Staff would be the best choice; however, either proposal would be acceptable because of the urgent need to protect residential areas in close proximity to the placement of cellular towers. Attorney Raney requested all persons present to stand if they were in support of strengthening setback restrictions on the placement of cellular towers near residential areas. He stressed the importance of establishing setbacks to provide a guide for applicants when locating a site for constructing a cellular tower. For example, a tower is being located within 30 feet from residential lots in Samsara, which is totally unacceptable. The suggested 250 foot setback as recommended by the Planning Staff is reasonable and should be considered by the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 245 Attorney Joe Taylor, representing Bell South Personal Communications Services (PCS) , reported Bell South was in the process of constructing cellular towers in Pender and New Hanover counties. Most of the sites will be collocation and existing sites with some new building sites. Because of concern for the proposed amendments, Bell South has presented a proposal. If the proposal is adopted, this would be the strongest county regulation in the State. Attorney Joe Taylor introduced Mr. James P. Cain, the Regional Counselor for Bell South, and John Weldon, the Senior Zoning Coordinator for Bell South, and reported these qualified experts would like to make brief presentations. Mr. Cain advised that the Bell South PCS Partnership was composed of the Bell South Corporation, the Duke Power Company, Carolina Power & Light Company, and thirty independent telephone companies in North Carolina. He presented the following report: In April, 1995, the industry spent $7.7 billion with the Federal Communications Commission for the right to build a revolutionary new technology in the State of North Carolina, called Personal Communications System (PCS). The new system differs from the cellular system in the following ways: (1) PCS operates at a higher frequency, which requires shorter and lower towers. Most PCS towers are from 150 feet to 225 feet in height. (2) PCS operates on a digital technology that is quite different from the cellular operation. In digital technology, both the voice and data communications can be transmitted from computer to computer through wireless air waves. Also, digital technology allows for secure, non-scannable communication, which is been quite a controversial issue. (3) PCS will bring competition to the industry which will reduce the cost of wireless communication. This was the fundamental reason for Congress and the Federal Communications Commission deciding to make it possible to provide this type of wireless technology to everyone, not just the elite portion of the population. Mr. Cain reported the first group of people to have an opportunity to use the new system nationwide will be the residents of North Carolina and South Carolina who live in places like Wilmington, Raleigh, Charlotte, and Fayetteville. The first trial and testing of the technology is now occurring in Chapel Hill. The system is being constructed and should be operational in New Hanover County by July 1, 1996. Six to eight towers will be required in New Hanover County with another six to eight towers placed in the City of Wilmington. Some of the towers will be collocated on existing structures, such as current towers, water towers, or tall buildings in the City of Wilmington, with other free-standing towers in the range of 160 to 225 feet. Mr. Cain expressed appreciation to the Board and Planning Staff for preparing to respond to the possible impact of this new technology on residential areas. In other jurisdictions, there has been an effort to balance the protection of residential areas, the public health, and safety in conjunction with satisfying the needs of the industry and citizens who want the technology. Many ordinances have been rewritten throughout the State to protect residential zones by limiting tower heights and increasing setbacks, or providing an incentive to the industry for the location of towers in non-residential zones by providing administrative approval without a timely public hearing process. He reported the proposals from the Planning Board and Planning Staff would make it difficult to construct the necessary towers by NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 246 July 1, 1996; therefore, PCS is requesting approval of the Bell South proposal. Mr. John Weldon, Senior Zoning Coordinator with Bell South, advised he worked with counties in creating a zoning profile to meet the required criteria to address the concerns of the residential areas and meet the needs of the industry. He stated the Bell South proposal would not require public hearings for towers to be placed in B-2 Business and 1-2 Heavy Industrial zoning districts unless there was a problem with finding properties that do not meet the profile. The Board was requested to consider the proposal presented by Bell South or adopt some type of amendment that will provide guidelines for applicants to follow when locating a tower sites in New Hanover County. Mr. Jerry Eatman, the N. C. General Counsel for Sprint Cellular and GTE, reported an effort had been made to construct Sprint towers in locations that would not interfere with the infrastructure. In some cases, sites were relocated by Sprint Cellular to address the concerns of the citizens living in residential areas. He spoke in favor of the proposal submitted by the Planning Board with the exception of the 250 foot setback. The Board was requested to coordinate the setback with the height of the tower, such as establishing a foot by foot setback equal to the height of the tower. Commissioner Barone inquired as to whether Sprint Cellular would be using the digital technology? Mr. Eatman replied Sprint Cellular would not be using digital technology in this area for a period of time; however, digital technology was the wave of the future. Commissioner Barone asked if the residential customer would be required to purchase a new telephone to use the digital system? Mr. Cain replied a new small, hand-held telephone would be required to use the system. Currently, the cellular companies are providing a free telephone in exchange for using the service. The current marketing plan for the new system will probably offer a promotional feature that will provide the equipment free when signing up to receive the service. Discussion was held on the health risks associated with electromagnetic fields (EMF). Vice-Chairman Mathews requested an explanation of the EMF with the construction of these towers. Mr. Weldon reported the maximum allowable EMF is 1.3 milliwatts per square centimeter according to federal guidelines. The EMF from the two towers being constructed will be .00028 milliwatts per square centimeter, which is less than the EMF received from the face of a digital clock or from the top of a computer, which is 489 milliwatts per square centimeter. Commissioner Barone asked Mr. Weldon if he felt the tower would be a threat to nearby residents or livestock? Mr. Welton explained that the new system was a much lower power system than the current cellular companies and stated the EMF would not threaten nearby residents or livestock. Mr. Bill Hill, a resident of Samsara Estates, advised that the present tower would not impact his residence, but the tower on the site would negatively impact the aesthetics of Samsara Subdivision. He noted it was difficult to believe that a large portion of the local population would be using the new system, and it was difficult to believe that Bell South was willing to protect nearby residential communities when this company had been inflexible with looking for a more appropriate site. To the north of Samsara, there is commercial property that is undeveloped, and to the south NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 247 of Samsara, there is commercial property next to a golf range that would be an ideal site for the tower. Also, Carolina Power & Light Company has substations that would be ideal sites for the towers. In summary, the Board was requested to protect existing residential communities from intrusion of cellular towers that will destroy the aesthetics of the communities. Mr. William C. Howard, Jr., a resident of Samsara Estates, expressed concern for the setbacks discussed by Bell South, and he requested the Board to adopt an ordinance that will provide proper setbacks for the towers. Ms. Gwen Masaitis, a resident of Samsara Estates, requested an answer to the following questions: (1) What will happen to a residential area with a cluster of towers; and (2) will the towers be constructed to withstand high winds? Attorney Taylor reported the towers would be collapsible and could withstand winds of 115 miles per hour. He reported when opposition was expressed by the residents of Samsara, Bell South offered to call a meeting and bring five company engineers to discuss items of concern. Unfortunately, the residents refused to meet. Also, after hearing discussion from the residents near the Airport, Bell South decided to abandon the site. He reported Bell South was still willing to meet with the residents of Samsara Estates to discuss issues of concern. He requested the Board to address the setback by tower height in order to help Bell South identify potential sites. Commissioner Barone commented on the number of towers already in place by competing companies and asked if Bell South would be willing to share these towers in order to avoid construction of too many towers in the County? Attorney Taylor replied that Bell South would be willing to collocate with their competitors whenever possible. Also, PCS towers will be available for use by competitors or other interested parties. Commissioner Caster stressed the importance of providing setbacks that will protect surrounding communities and at the same time meet the needs of the industry without having to go through the special use process. Chairman Greer asked how businesses with small antennas would be handled? Planning Director Hayes explained that towers support antennas and noted that antennas are placed on water tanks, church steeples, and other structures. In order for a small business to gain additional height for its communication system with a tower required, the business would have to apply for a Special Use Permit. A lengthy discussion was held on placing a height restriction on antennas or small towers used for ham radios and other small communication systems. Planning Director Hayes reported these antennas and small towers could be handled as an accessory use and be permitted by right with a maximum height of 45 feet, which is 10 feet above the existing residential height. Chairman Greer recommended establishing a height restriction of 65 feet. Mr. Paul Holiday, language to require any special use permitting. towers are 75 feet. a ham radio operator, suggested using "for profit" towers to go through the He reported most ham radio antennas and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 248 Chairman Greer recommended a 70 foot height limit. Motion: After further discussion, Commissioner Sisson MOVED, SECONDED by Commissioner Caster to require a Special Use Permit in all zoning districts except 1-1 and 1-2. In the 1-1 and 1-2 Districts, establish a foot by foot setback equal to the height of the tower, and permit by right towers ancillary to the principal use 70 feet or less in height. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Text Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 10. BREAK Chairman Greer called a break from 8:20 P.M. until 9:35 P.M. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO REVISE SECTION 69 .4, HIGH DENSITY DEVELOPMENT SUBSECTION (5) C . 9 . TO REQUIRE APPROVALS BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS (A-269, 1/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the proposed Amendment was initiated by the Board of County Commissioners. Planning Board voted unanimously to recommend denial of proposed Text Amendment for the following reasons: Text The the 1. The proposed Text Amendment would fragment the current responsibilities for approval of subdivisions by the Technical Review Committee. 2. The proposed Text Amendment would place approval of these subdivisions at the policy making level. 3. The proposed Text Amendment would be an inefficient use of time by the Board of County Commissioners. Also, the Planning Board felt that unless the approval required a Special Use Permit, the Board of County Commissioners would have no discretion in adding conditions. Under existing requirements, if a high density project is consistent with the Subdivision and Zoning Ordinance, the project must be approved. Planning Director Hayes reported the Board of County Commissioners directed the Planning Staff to revise High Density regulations to require approval by the Commissioners instead of the Technical Review Committee of the Planning Board. He presented the following revision with the changes underlined: (9) When any development proposal is being submitted under this section, it shall be processed under the provisions and standards of the New Hanover County Subdivision Regulations as amended, except that preliminary plans for any hiqh density prolect shall be reviewed and approved by the New Hanover County Board of Commissioners. Commissioner Sisson asked about the number of high density projects in the Monkey Junction area south. Planning Director Hayes advised that projects had been requested on both sides of U. S. Highway 421 North of Monkey Junction and south of Monkey Junction to Saunders Road on the east side. He advised that high density proj ects tend to follow expansion of the sewer system. Commissioner Sisson advised that currently high density projects are handled through an administrative approval process. In his opinion, these projects represent a zoning change because the number of units per acre increase wi thou t a change in the zoning district. Residents living in the neighborhoods are not NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 249 aware that high density projects can be developed, and suddenly there is a tremendous increase in traffic and noise in an R-15 Residential District. He urged the Board to consider requiring these projects to be approved by the Board of County Commissioners through a zoning change instead of allowing the Technical Review Committee to approve the projects. Chairman Greer asked if the Technical Review Committee critically reviews the high density projects? Planning Director Hayes reported these projects have to meet certain criteria. During the past year, modifications have been made to address concerns about the change in density in pre- existing residential areas. For example, on the perimeter of a high density project, there must be a 200 foot transitional area for lower density inside the high density project. A lengthy discussion was held on whether the Board of County Commissioners should approve all high density projects or whether the current Technical Review Committee process should be modified to address concerns about high density projects in existing residential zones. Assistant County Manager, Dave Weaver, suggested creating a new zoning district, entitled a "Residential High Density District" . In order for an applicant to apply, the minimum qualifications of water, sewer and transportation access would have to be met. This process would allow the Commissioners to consider the rezoning application and control the location of where high density development should occur with the specifics of the development being approved by the Technical Review Committee. County Manager O'Neal suggested deferring action on this item and requesting the Planning Staff to prepare recommendations on the proposals presented and the possibility of establishing a Residential High Density District. Consensus: After a lengthy discussion, it was the consensus of the Board to direct the Planning Staff to prepare examples of how the proposals presented would actually affect a residential area with high density projects, including the establishment of a Residential High Density zoning district. Mr. Thomas Blackum, a resident of the southern end of the County, commented on the problems experienced with a high density project near his property. He advised a meeting had been scheduled with Mr. Jay Graham, Director of Inspections on Friday, February 9, 1996, to discuss these issues. He, also, expressed concern for the negative impacts of high density development to existing residential areas and reported in one area, a construction landfill, permitted by the County and State, was located within 50 feet of the Capeside community, without compliance to the 500 foot requirement. He urged the members of the Board to visit areas where high density projects have occurred and see the negative impact of this development to residential neighborhoods. PUBLIC HEARING TO CONSIDER SUBDIVISION AMENDMENTS PERTAINING TO THE PROCESS FOR APPROVING STREET NAMES AND SUBDIVISION NAMES (A-270, 1/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported due to occasional conflicts that have arisen between the Technical Review Committee, the developer and the E-911 Center, Staff was directed by the Board of County Commissioners to prepare an amendment to the Subdivision Ordinance pertaining to the process for approving street names and subdivision names. The following Text Amendments were prepared and presented to the Planning Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 250 Existinq: 41-1(9) Subdivision Names.. .In no case shall the name for a proposed subdivision duplicate or be phonetically similar to existing subdivisions in New Hanover County. ProDosed:41-1(9) Subdivision Names... .In no case shall any part of the name for a proposed subdivision duplicate or be phonetically similar to existing subdivisions in New Hanover County. All subdivision names shall be approved by the County Emergency 911 Center. Existinq: 41-1(7) Streets: (D) Proposed streets which are obviously in alignment with other existing and named streets shall bear the assigned name of the existing streets. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names in this or any other subdivisions in New Hanover County. ProDosed: Add the following sentence: All street names shall be approved by the County Emergency 911 Center. Presently, all street and subdivision names are informally submitted to E-911 for review. However, final approval is made by the Technical Review Committee. The proposed text changes would shift that authority to the E-911 Center. Planning Director Hayes reported in order to avoid problems with the proposed language in 41-1(9), Staff would recommend the following alternative language: Reword to read: In no case shall a name for a proposed subdivision duplicate or be phonetically similar to existing subdivision names in New Hanover County. All subdivision names shall be approved by the County Emergency 911 Center. The Planning Board debated the pros and cons of the proposed revisions. They agreed that a portion of the language proposed for Section 41-1(9) would make it extremely difficult to establish names because it would eliminate so many options. After further discussion, the Planning Board did not feel that the naming of subdivisions was as critical as street names and voted unanimously to deny the proposed revisions. Discussion was held on whether the 911 Center should have final approval of naming subdivisions. Planning Director Hayes advised that currently, the 911 Center provides input on the naming of streets and subdivisions. In 99% of the names requested, there is no problem; however, occasionally a developer will disagree and appeal the decision by the Technical Review Committee. Under the current ordinance, the Planning Board hears the appeal and renders a decision. If the developer is not pleased, an appeal can be heard by the Board of County Commissioners. vice-Chairman Mathews commented on the concern expressed by the Sheriff and 911 Coordinator about emergency response time, and stated he had no problem with authorizing the 911 Center to make the final approval. Commissioner Barone recommended allowing the current procedure to remain unchanged. Chairman Greer inquired as to whether anyone present would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to allow the ordinance to remain unchanged. The floor was opened to discussion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 251 Commissioner Sisson commented on the importance of response time for emergency calls and reported he could not vote for the motion. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 10:02 P.M. until 10:08 P.M. to hold a meeting of the Water & Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Invitation for the Board of County Commissioners to Participate in Celebrating February 1996 as "Elected Officials Go To School Month" Throughout the State of North Carolina Chairman Greer commented on receiving a letter from the North Carolina PTA to invite the Board of County Commissioners to participate in celebrating February, 1996 as "Elected Officials Go To School Month." The local PTA will be inviting each Commissioner to attend school for one day and participate in the daily routine. Vice-Chairman Mathews asked if additional information could be obtained since no dates were listed in the invitation. Clerk to the Board, Lucie F. Harrell, reported she would be glad to check with the local PTA about the dates; however, she felt an invitation would be forthcoming within the next week. Announcement of Fifth Annual Cape Fear Military Ball Chairman Greer announced the Commissioners had been invited to attend the Fifth Annual Cape Fear Military Ball to be held at the Grand Ballroom of the Wilmington Hilton on February 17, 1996. He reported if any members of the Board were interested in attending, he would forward a copy of the invitation. Request for 24-Hour Crisis Center to be Presented as Part of the FY 1996-97 Budget Process Chairman Greer announced a letter had been received from the Southeastern Center informing the Board that the proposed 24-Hour Crisis Center would be presented as part of the Center's FY 1996-97 budget. Commissioner Sisson reported the Southeastern Center Board decided to use the budget process to present the funding requests to all three counties at one time. Discussion of Emergency Access into Subdivisions Commissioner Sisson advised that in an effort to facilitate coordination between the Planning Board and Board of Fire Commissioners regarding emergency access into subdivisions, a meeting has been scheduled between the Chairman of each board on Thursday, February 8, 1996, to discuss this matter. He commented on the importance of both boards working together and reported hopefully, the meeting will create an awareness of the need to provide adequate emergency access in subdivisions. Status Report on the Porters Neck Fire Department Substation - Ogden Volunteer Fire Department Vice-Chairman Mathews requested a status report on the Porters Neck Fire Department Substation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 252 County Attorney Copley reported at the last Staff Meeting, the Board requested a report on the pros and cons of the Deed of Trust and Promissory Note versus ownership of the property. As outlined in a memorandum written to the Board from the County Attorney on October 11, 1995, County Attorney Copley presented the following comments: Advantaqes: The advantages of the Deed of Trust and Promissory Note are as follows: (1) this would be a customary method for repayment of a loan; and (2) under this method, New Hanover County could not be held responsible for any claims against the property, such as environmental spills. Disadvantaqes: The disadvantages of the Deed of Trust and Promissory Note are as follows: (1) New Hanover County will not be a co-owner of the property; and (2) New Hanover County will be a secured creditor with no right to control the property or locate EMS personnel at this site. County Attorney Copley commented on the Deed of Trust that had been presented by Mr. Tom Morgan, the attorney representing the Ogden Volunteer Fire Department, and reported she did have a problem with the following statement: "The Promissory Note shall continue to be used as long as the building is used as a Fire Station." She recommended changing the Deed of Trust to read as follows: "The Promissory Note shall continue to be used as long as the Ogden Volunteer Fire Department has a contract with New Hanover County to provide fire services." County Attorney Copley reported the proposed language change would allow the money to be returned to New Hanover County. Vice-Chairman Mathews expressed concern for trying to resolve this problem for two years and requested direction from the Board as to how this matter could be resolved. He emphasized the importance of providing fire service to this area. Motion: Commissioner Barone MOVED to accept the Deed of Trust and Promissory Note with the Ogden Volunteer Fire Department contingent upon the Deed of Trust being amended to state that the Promissory Note shall continue to be used as long as the Ogden Volunteer Fire Department has a contract with New Hanover County to provide fire serVlces. The floor was opened to discussion. Commissioner Sisson stated if this motion is approved the County will pay for the building and have no control over the property on which the building is located. Also, the current contract with each Volunteer Fire Department states that any capital expenditure over $5,000 requires joint County ownership. Adoption of this motion will forego County ownership of a capital expenditure over $5,000. Commissioner Barone stated, in her opinion, the building needs to be constructed as soon as possible to provide fire service to this area. Chairman Greer called for a SECOND TO THE MOTION. NO SECOND WAS RECEIVED AND THE MOTION FAILED. Chairman Greer advised that this matter was discussed at the retreat, and stated the County decided to inform the Ogden Volunteer Fire Department that joint ownership was desired. Commissioner Barone responded she thought it was decided to try to approach the Ogden Volunteer Fire Department one more time to see if an agreement could be reached. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 253 Chairman Greer reported a meeting was held with Attorney Tom Morgan, the Fire Chief of the Ogden Volunteer Fire Department, officials from the Davis Nursing Home, Vice-Chairman Mathews, Chairman Greer, County Attorney Copley, and County Manager O'Neal with the conclusion that an agreement had been reached. Unfortunately, after the meeting, a letter was received from the attorney informing the Board that the arrangement was not satisfactory with the Ogden Volunteer Fire Department. County Attorney Copley reported the pre-approval requirement by the County before co-signing the loan was the reason for the Ogden Volunteer Fire Department being dissatisfied with the agreement. She informed Attorney Morgan that New Hanover County had to pre-approve the amount of the loan before co-signing a note, and stated, in her opinion, the indebtedness had to be pre- approved. Chairman Greer reported at the retreat, the Board decided if a satisfactory agreement could not be reached, the County would not renew the contract with the Ogden Volunteer Fire Department next year. He stated another Volunteer Fire Department could be assigned this area. County Attorney Copley reported after the retreat Attorney Morgan contacted the office with reference to non-renewal of the contract as stated in a newspaper article, and asked why this action had been considered. After further discussion, Attorney Morgan requested her to approach the Board one more time to see if the Deed of Trust and Promissory Note could be approved. Chairman Greer expressed concern for not following the rules and stated, in his opinion, an agreement had been reached which was later refused by the Ogden Volunteer Fire Department. No action was taken. Report on Status of the Council of Governments (COG) Water Quality Task Force Commissioner Barone reported the COG Water Quality Task Force was no longer in existence. Discussion of Bicycle Committee Commissioner Caster commented on being involved with City Councilman Harper Peterson on the Bicycle Committee and reported he attended a meeting concerning the 17th Street Land Use Plan for placement of bike paths. He advised that New Hanover County should be involved with the Bicycle Committee and stated he would not be able to attend future meetings. He requested Staff Planner, Chris O'Keefe, to attend these meetings and keep the Board informed about the activities of the committee. Discussion of the Erosion at Shell Island Commissioner Caster asked if the County could provide some type of assistance to the residents of Shell Island with the beach erosion problem. Assistant County Manager, Dave Weaver, reported after discussion with some residents, it appears the denial of a variance for construction of the seawall will require an appeal through the court system, which probably will be denied. The other alternatives are to apply for a permit to dredge out the inlet in a new location, or request some form of beach renourishment. Both actions will require a difficult permitting process and will be costly without providing a long-term solution to the erOSlon problem. Commissioner Caster advised that he could not attend the next meeting of the New Hanover County Port, Waterway, and Beach Commission, and he requested Assistant County Manager Weaver to attend the meeting because this matter would be discussed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 1996 BOOK 25 PAGE 254 Assistant County Manager Weaver replied he would be attending the meeting. Discussion of Flow Control Bill in the United States Congress Vice-Chairman Mathews reported the flow control bill did not pass in Congress, and stated that Congresswoman Eva Clayton voted against the bill with Congressman Charlie Rose not casting a voting on an issue of great importance to New Hanover County. Discussion of Problems with the Sprinkler System at the Senior Center County Manager O'Neal reported the main line in the sprinkler system at the Senior Center burst with a majority of the damage occurring in the multi-purpose room. He announced the multi- purpose room and that end of the building would be closed tomorrow, and advised that once all details have been received on the incident, a report will be forwarded to the Board. Announcement of the Human Relations Annual Gala County Manager O'Neal announced the Human Relations Annual Gala was being held on February 17, 1996, at 7:00 P.M. at Roland- Grise School. ADJOURNMENT Chairman Greer adjourned the meeting at 10:45 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board