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1996-03-11 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 274 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 11, 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; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and announced that Commissioner Sisson was absent due a severe cold infection. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Elrick Richburg, Pastor of the Bethesda Christian Life Church, gave the invocation. Vice-Chairman Mathews led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He asked if anyone present would like to speak. The following items were presented: Discussion of the Proposed Central Al ternati ve as the Route for the U.S. Highway 17 Bypass Reverend Anthony Watson, speaking on behalf of the citizens of the Rock Hill Community, requested the citizens from the community to stand up and be recognized. He advised that Rock Hill was a part of the Wrightsboro Community and that the Central Alternative as proposed would divide the entire area. Concern was expressed for the negative impact of this route on existing cemeteries, the Rock Hill Community Center, Chair Road, and the St. James AME Church. Concern was also expressed for the proposed route being negotiated by some residents of the Wrightsboro Community without informing the ci tizens living in the Rock Hill Community. It appears that another Environmental Impact Study will be performed, which is unusual since the original study confirmed that environmental concerns did exist in this area. Reverend Watson urged the Board to oppose any bypass that would go through the Wrightsboro Community and divide this area. Mr. Michial Rhodes, Chief of the Wrightsboro Volunteer Fire Department, reported if the bypass issue is not resolved, the Wrightsboro Community would be torn apart. He commented on the manner in which the residents of the entire community have lived together for years with no problems and stated it would be horrible for the residents of the area to be at odds with each other. He urged the Board to keep the bypass out of the Wrightsboro Community. Chairman Greer informed all persons present that the location of the bypass would be decided by the N. C. Department of Transportation. He offered to write a letter to the Secretary of Transportation, Garland Garrett, Jr., and express the concerns of the Rock Hill residents. Consensus: It was the consensus of the Board for the Chairman to write a letter to the North Carolina Secretary of Transportation, Garland Garrett, Jr. Postponement of Request to Rezone 65.8 Acres on the West Side of Carolina Beach Road Chairman Greer announced the Board had received a letter from NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 275 Mr. Terry Turner, President of Saturn Corporation, requesting the Board to postpone the Public Hearing for rezoning 65.8 acres on the west side of Carolina Beach Road south of Marquis Hills Subdivision to R-I0 Residential from R-15 Residential until the first meeting in April. Consensus: It was the consensus of the Board to postpone the Public Hearing until April 1, 1996. APPROVAL OF CONSENT AGENDA Commissioner Caster inquired as to whether the change had been made on the road petition for Covil Farm Road in Gorman Plantation. County Manager O'Neal reported the resolution would be changed from Hawk Road to Covil Farm Road in Gorman Plantation. Motion: Commissioner Caster MOVED, SECONDED by Mathews to approve the Consent Agenda as presented. MOTION CARRIED AS FOLLOWS: Vice-Chairman Upon vote, the Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Budget Retreat held on January 18, 1996, and the minutes of the Regular Meeting held on February 19, 1996, as presented by the Clerk to the Board. Adoption of Resolution Agreeing to the Terms and Conditions of the North Carolina Coastal Management CAMA Grant for Improvements to Riverside Park The Commissioners adopted a resolution to provide matching funds in the amount of $3,375 plus $2,500 of in-kind services for the $17,625 grant awarded to New Hanover County by the N. C. Coastal Management Division for improvements to Riverside Park. The Chairman was authorized to execute the resolution and necessary documents. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIII, Page 12. Ratification of Appointments to the Human Relations Commission The Commissioners ratified the following appointments to the Human Relations Commission: Dr. Stephen J. Sloop, Jr., Representative of the Wilmington Ministerial Association Ms. Lynda Sheehan, Representative of the Lower Cape Fear Human Resources Association Approval of Lease Amendment to the Southeastern Center for Mental Health, Developmental Disabilities and Substance Abuse Services The Commissioners approved a lease amendment to the existing lease with the Southeastern Center for Mental Health, Developmental Disabilities and Substance Abuse Services to add a Waiver of Subrogation language as recommended by Carlton Allegood, Executive Director of the Wilmington/New Hanover Insurance Advisory Committee. This provision will ensure that both the Lessor and Lessee derive all possible benefits from the existing insurance coverage. A copy of the amended contract lS on file ln the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 276 Designation of Department of Aging as Lead Agency for 1996-97 Home and Community Care Block Grant for the New Hanover County Aging Services The Commissioners appointed the Department of Aging as the Lead Agency for administration of the 1996-97 Home and Community Care Block Grant for older adults in New Hanover County. The Chairman was authorized to execute the funding plan and any other necessary documents. Award of Bid #96-0296 and Approval of Contract #96-0296 to Purchase Cardiac Equipment for the Emergency Medical Services Department The Commissioners adopted a resolution awarding the bid to the Southeastern Emergency Equipment Company in the amount of $145,543.20 to purchase cardiac equipment for the Emergency Medical Services Department. The Chairman was authorized to execute the resolution and contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 12. A copy of the contract is on file in the Legal Department. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions adding the following roads to the State Highway System: Covil Farm Road in Covil Estates Covil Farm Road in Gorman Plantation Outisland and Downrigger Drives, Crosswinds, Sections IV Sago Bay Drive Hazelton Court, Brickstone Estates North Carolina Avenue Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 12. Approval of Budget Amendment #96-41 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-41 Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $844 Federal Forfeited Property Supplies $844 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #96-44 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-44 Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $1,318 Controlled Substance Tax Supplies $1,318 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 deemed necessary by the Sheriff. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 277 Approval of Budget Amendment #96-0143 - New Hanover County Library The Commissioners approved the following Budget Amendment: 96-0143 Library Debit Credit Library Aid to Public Library Grant $466 Books & periodicals $466 Purpose: grant. To budget funds from the State Aid to Public Libraries Approval of Budget Amendment #96-0149 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-0149 - Sheriff's Department/Administration Debit Credit Sheriff's Department Other $28,975 Departmental Supplies $28,975 Purpose: To increase the budget for money seized from gambling (illegal lottery) by the Sheriff's Department. Approval of Budget Amendment #96-0148 Department of Social Services The Commissioners approved the following Budget Amendment: 96-0148 Social Services/Child Day Care Debit Credit Social Services Office of Day Care $28,250 Day Care Services $28,250 Purpose: To budget additional State funds for child day care servlces. Approval of Budget Amendment #96-0150 Department of Social Services The Commissioners approved the following Budget Amendment: 96-0150 Social Services/Administration/CP&L Intervention Program Debit Credit Social Services/Administration Administrative Grants $15,321 Social Services/CP&L Intervention Proqram Assistance Payments $15,321 Purpose: To budget additional State funding received for CP&L Project Share. Approval of Budget Amendment #96-0151 Department of Social Services The Commissioners approved the following Budget Amendment: 96-0151 Social Services/Administration Crisis Intervention Program Debit Credit Social Services/Administration Administrative Grants $20,000 Crisis Intervention Proqram Assistance Payments $20,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 278 Purpose: To budget funds received from the Attorney General's Office for assistance with the low income heat energy assistance, Crisis Intervention Program. Approval of Budget Amendment #96-0156 - New Hanover County Human Services Transportation System The Commissioners approved the following Budget Amendment: 96-0156 Human Services Transportation System Debit Credit Human Services Transportation System DOT Vans - Federal DOT Vans - State $5,530 2,370 Motor Vehicle Purchase $7,900 Purpose: To budget state and federal funds for the purchase of a new vehicle. Ninety percent of the vehicle cost will be funded by the N. C. Department of Transportation. CONSIDERATION OF FUNDING REQUEST FROM THE NEW HANOVER HIGH SCHOOL HANOVER SINGERS-DONCASTER COMMITTEE Mr. Dixon Baxter, representing the Hanover Singers-Doncaster Committee, reported the Hanover Singers of New Hanover High School were selected to represent the New Hanover County School System and the City of Wilmington in a cultural exchange to Doncaster, England, the City's Sister-City. Forty-two students and five adults will travel to England and the Netherlands on April 4-16, 1996. The chorus will stay in Doncaster two days and perform in concert with a British brass band. The total cost of the trip is $80,850 ($1,925 per student). As of February 21, 1996, the students have raised a total of $ 64,850 leaving a balance of $16,000, which is due March 10, 1996. After approaching the City, the City Council has challenged the County and committed to match any contribution approved by the County. The Board was requested to approve a funding contribution to defray the funding shortfall. Vice-Chairman Mathews inquired as to how the goal of March 10, 1996, would be met since the money was already past due? Mr. Baxter advised that a loan had already been made. Vice-Chairman Mathews asked if the City Council had suggested a funding figure? Mr. Baxter replied that a figure of $500 was suggested by the Wilmington City Council. Motion: Vice-Chairman Mathews MOVED to match the City funding allocation of $500. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer expressed appreciation to Mr. Baxter and his group for the efforts given to raise funds for this worthwhile cause. He explained that New Hanover County could not fund every travel request submitted by baseball teams, softball teams, and other groups because these expenditures should not be paid by the County taxpayers. Commissioner Caster volunteered his assistance to the group ln recruiting additional funds from private donations. No further action was taken. CONTINUANCE OF LEASE AGREEMENT (CONTRACT #93-0080) WITH COALITION OF SUCCESS, INC. FOR LEASE OF THE LUCILLE SHUFFLER BUILDING County Manager O'Neal advised that through a Letter of Understanding, the County reserved the right to terminate the lease of the Lucille Shuffler Building with Coalition of Success, Inc. at NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 279 any March 21 anniversary date. This condition was stipulated in the lease agreement because the Board specifically required a review at the end of the first year. He noted that Mr. Ken Hendricks, President of the Coalition of Success, Inc. was present and would like to report on the activities of the organization. Mr. Hendricks reported since the inception of Coalition for Success, Inc., the organization has been able to maintain its preschool and after school programs with involvement of 132 children from the housing projects. Currently there is a waiting list of more than 35 children to enroll in the programs. Also, Coalition for Success, Inc. is planning to implement a mini-jobs program for some of the parents with the help of local businesses. The businesses will donate computers and train the individuals for positions with their companies. Mr. Hendricks reported the Lucille Shuffler Building was an important key to the organization. The building houses administrative offices, one preschool program, and two after-school programs. Without use of the building, the organization would suffer. He requested the Board to continue the lease with the Coalition of Success, Inc. Commissioner Barone requested an explanation of the repalrs that have been made to the building during the past year? Mr. Hendricks advised that Opera House Theatre Company, Inc. had repaired the roof and Coalition of Success, Inc. had repaired the broken windows. vice-Chairman Mathews inquired as to whether the County had periodic inspections of the property to see if the building was being properly maintained? County Manager O'Neal responded that Staff had not made an inspection; however, he felt this was an excellent idea. He advised that periodic maintenance inspections would be scheduled for the next year. Discussion was held on the maintenance requirements in the current lease. County Attorney Copley reported the contract reads as follows: "It is understood and agreed that the Lessee accepts the premises in their present physical condition and the Lessor shall be under no obligation whatsoever to make any repairs or replacements to the premises during the term of this lease; except in the event of damage by fire as hereinafter provided. The Lessee shall keep, maintain, and repair the premises during the term of the lease." Discussion was held on the name change from Crossroads of North Carolina, Inc. to Coalition of Success, Inc. County Attorney Copley reported lease assignments for Coalition of Success, Inc. and Opera House Theatre Company, Inc. would have to be drawn and executed as well as renewal of the contract for five years. Chairman Greer commented on some of the programs being located in the schools and asked Mr. Hendricks if the Coalition of Success, Inc. would need the Lucille Shuffler Building in the future? Mr. Hendricks explained that as the organization has grown the Lucille Shuffler Building was not capable of housing the programs; therefore, school classrooms and housing projects have been used and will be used as future sites. The Lucille Shuffler Building will be needed in the future to house administrative offices. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to continue leasing the Lucille Shuffler Building to Coalition of Success, Inc. with the lease agreement to expire March NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 280 21, 200l. documents. The Chairman was authorized to execute the necessary Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Smart Start Program Chairman Greer advised that New Hanover County had received $100,000 in Smart Start funding according to Mr. Royce Angel. He reported funds were available for the Health Department, Department of Social Services, and New Hanover County Library, and asked if the Board would consider allowing these departments to prepare plans to receive funding allocations. Commissioner Barone strongly objected to becoming involved in the Smart Start Program in any manner. She stated, the County should be either in or out of the program, not in-between. Vice-Chairman Mathews reported he could not support participation by the departments since the County had decided not to join the program. No action was taken. Adoption of a Resolution Designating March 23, 1996, through April 7, 1996, as "Mercy Ships Weeks" in New Hanover County Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution designating March 23, 1996, through April 7, 1996, as "Mercy Ships Weeks" in New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 12. ADDITIONAL ITEMS - COUNTY MANAGER Announcement of Hurricane Conference County Manager O'Neal announced Conference would be held on April 10-12, North Carolina. the annual Hurricane 1996, at Atlantic Beach, Thursday Morning Staff Meeting to Begin at 8:00 A.M. County Manager O'Neal advised that the Staff Meeting scheduled for Thursday, March 14, 1996, would be held at 8:00 A.M. instead of 8:45 A.M. in Room 501 of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. The meeting will be followed by a bus tour to see the increased growth in development throughout the County. Discussion of the Short Session of the North Carolina General Assembly County Manager 0' Neal announced the Short Session of the General Assembly would convene on May 13, 1996. He advised that Staff was in the process of preparing items to present to the local legislative delegation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 281 Discussion was held on establishing a date for the first meeting of the Legislative Coordinating Council. Consensus: It was the consensus of the Board to hold the first meeting of the Legislative Coordinating Council on Monday, April 29, 1996, at 8:30 A.M. in the Coastline Convention Center. Authorization for the Chairman of the Water and Sewer District to Execute the Release Agreement with Espey, Huston, and Associates County Attorney Copley advised that Espey, Huston & Associates had agreed to sign a mutual release agreement. She reported the firm was hired to perform engineering and design services for construction of the County sewer lines. The Board was requested to authorize the Chairman of the Water & Sewer District, E. L. Mathews, Jr., to execute the release agreement. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to authorize the Chairman of the Water & Sewer District to execute the release agreement with Espey, Huston & Associates. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the New Hanover County Water & Sewer District from 7:15 P.M. until 7:18 P.M. BREAK Chairman Greer called a break from 7:19 P.M. until 7:43 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY CHARLES MATTES TO REZONE .81 OF AN ACRE ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17 (MARKET STREET) 360 FEET NORTH OF GREENVIEW DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-561, 2/96) Chairman Greer opened the Public Hearing. Planning Director Hayes reported the Planning Board voted unanimously to recommend denial of the applicant's petition because the proposed zoning would be inconsistent with the policies of the 1993 Land Use Plan and could lead to similar requests along this portion of Market Street. After agreeing with Staff on the site being relatively small with close proximity to commercial zoning, the property was limited for residential use. As an alternative, the Planning Board chose to recommend rezoning the site to Office and Institution. This zoning would be more consistent with the Land Use Plan and blend with emerging development patterns in this area. There was no opposition present at the meeting. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following comments were received: Mr. Charles Mattes, the petitioner, requested the Board to rezone the property to Office and Institution as recommended by the Planning Board. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to rezone the property to Office and Institution as recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 282 Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 30. PUBLIC HEARING TO CONSIDER A REQUEST BY BELL SOUTH PCS TO ERECT A COMMUNICATIONS TOWER ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17 (MARKET STREET) APPROXIMATELY 350 FEET NORTH OF SWEETWATER DRIVE (S-385, 2/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, all persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn In: Dexter Hayes, Planning Director Jim Cain John B. Reeves, Jr. Joe Smathers Crystal Stilwell Joseph o. Taylor, Jr., Attorney John Weldon Planning Director Hayes advised that Bell South PCS was requesting approval of a Special Use Permit to erect a 225 foot high communications tower on the northwest side of U. S. Highway 17 (Market Street) approximately 350 feet north of Sweetwater Drive. The site is zoned R-15 and is used by Carolina Power and Light Company. He advised that a Special Use Permit was approved for the parent tract on December 3, 1973, to allow for construction of an office, maintenance building and maintenance warehouse for use by Carolina Power & Light Company. The Special Use Permit was amended on December 1, 1975, to permit the construction of a 140 foot microwave tower and a small metal building housing electronic equipment. This tower was added to provide communication services between the Wilmington area headquarters of CP&L and other CP&L installations within the State. Planning Director Hayes reported the Planning Board voted unanimously to approve the applicant's petition subject to the following conditions: (1) The tower must be lighted with a red-pulsating light for night use and a white pulsating strobe light for day use. (2) When the tower is constructed and operational, the existing CP&L tower must be dismantled within thirty (30) days. (3) The CP&L antenna on the existing tower must be placed (collocated) onto the new tower. (4) The proposed tower must be moved from its current position ln order to be 250 feet from any property line. (5) After one year of abandoned use, the tower must be removed within 30 days. 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 283 developed according to the plan as submitted and approved based upon the following findings: A. The property has direct frontage along U. S. Highway 17, a state-maintained road. B. The property is located ln the Ogden Volunteer Fire Department District. C. The proposed use does not need water and sewer. D. Though electromagnetic waves are emitted, there lS no conclusive scientific evidence that these waves cause medical problems when emitted at low frequencies. E. The structure is engineered so it will collapse inward instead of tipping over. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Communications towers for cellular or personal communication use are permitted by Special Use Permit in the R-15 Residential District. The site is zoned R-15. B. The ordinance has no specific site control standards except for standard setbacks. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property or that the use lS a public necessity based upon the following findings: A. The tower will be located on a tract already occupied by a microwave tower. That tower was originally approved for a height of 140 feet. The exact height is unknown. Additionally, a warehouse, offices and general maintenance building was constructed for use by Carolina Power & Light to facilitate general service needs. B. The site is in closer proximity to a variety of non- residential developments than to existing residential uses. C. The existing tower will be dismantled. D. The tower will be lighted. General Requirement #4: The location and character of the proposed use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. Land to the south consists primarily of residential uses. Land to the north, east and southeast consists primarily of non-residential uses. Land to the west is vacant. B. The site where the tower is proposed is already occupied by a shorter tower, maintenance building, office and maintenance warehouse. Chairman Greer asked if the petitioner would like to speak. The following remarks were received. Mr. John Weldon, Senior Zoning Coordinator for Bell South PCS, reported the use had met all the general requirements and advised that Mr. John B. Reeves, Jr., Ms. Crystal Stilwell, and Mr. Joe Smathers were present to answer any technical questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 284 Chairman Greer asked Mr. Weldon if he concurred with the Staff findings and conditions of the Planning Board? Mr. Weldon stated he agreed with the Staff findings and conditions as presented. Chairman Greer asked if any other sworn-ln persons would like to comment? No remarks were received. There being no further discussion, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit to Bell South PCS for erection of a 225 foot high communications tower on the northwest side of U. S. Highway 17 (Market Street) approximately 350 feet north of Sweetwater Drive based upon the evidence heard 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 contingent upon the following conditions: (1) The tower must be lighted with a red-pulsating light for night use and a white pulsating strobe light for day use. (2 ) When the tower has been constructed and is operational, existing CP&L tower will be dismantled wi thin thirty days. the (30) (3) The CP&L antenna on the existing tower will be placed (collocated) onto the new tower. (4) The tower is to be moved from its current position so that it is at least 250 feet from any property line. (5) After one year of abandoned use, the tower will be removed ln thirty (30) days. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained ln SUP Book II, Page 16. PUBLIC HEARING TO CONSIDER A REQUEST BY BELL SOUTH PCS TO ERECT A COMMUNICATIONS TOWER ON THE NORTHSIDE OF ALLEN LANE, 300 FEET EAST OF MILITARY CUT-OFF ROAD (S-386, 2/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn In: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 285 Dexter Hayes, Planning Director Jim Cain John Galarde Robert Kline John B. Reeves, Jr. Joe Smathers Crystal Stilwell Joseph o. Taylor, Jr. John Weldon Planning Director Hayes reported that Bell South PCS had requested a Special Use Permit to erect a 185 foot communications tower on the northside of Allen Lane, 300 feet east of the Military Cut-Off Road. He noted that a Special Use Permit had been granted for the site on April 2, 1973, for construction of a line and service headquarters for Carolina Power & Light Company (CP&L). He reported the Planning Board voted unanimously to recommend approval of the application subject to the following conditions: (1) The tower will not be lighted because the FAA would not impose a light standard since the tower was less than 200 feet in height. (2) The tower is to be relocated approximately 40 feet to the northwest to satisfy a 250 foot setback from the R-10 District line south of Allen Lane. (3) The tower must be constructed to applicable engineering codes and standards to ensure controlled collapse. (4) After one year of abandoned use, the tower must be removed within thirty (30) days. The following 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 property has direct access to Allen Lane, a dirt road that is maintained by the State. B. The property is located ln the Seagate Volunteer Fire Department District. C. The proposed use does not need water and sewer. D. Though electromagnetic waves are emitted, there lS no conclusive scientific evidence that these waves cause medical problems when emitted at low frequencies. E. The structure is engineered so it will collapse inward instead of tipping over. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Communications towers for cellular or personal communications are permitted by Special Use Permit in the R-15 Residential District. B. The ordinance has no specific site control standards except for standard setbacks. General Requirement #3: The proposed 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 286 A. The tower will be located on a occupied by a line and service Carolina Power & Light Company. tract of land currently headquarters operated by B. Land to the north is zoned 0&1 and used for offices. Land to the west and northwest is zoned either B-2, 0&1, or PD and used for non-residential purposes. Land to the east and south is zoned R-15 and R-10 and is used for single family and multi-family purposes. General Requirement #4: The location and character of the proposed 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 closest communications tower is located approximately one- half mile to the east. A second tower is planned for construction near the same location in May 1996. B. An overhead water storage height, is located about southwest. tank, approximately 136 one-fourth of a mile feet in to the C. The area has a wide variety of land uses, including offices, wholesaling, retail, attached dwellings, single-family dwellings, boat storage, a self-service gas station, and an auto body shop. D. Just northwest of the site lS the location of a 230KV electric substation. E. The tower will be painted gray and will not be lighted. Chairman Greer asked if the petitioner would like to comment. The following remarks were received. Attorney Joseph o. Taylor, Jr., representing Bell South PCS, reported the application for the Special Use Permit was heard by the Planning Board on February 1, 1996. At that meeting there was opposi tion by the neighbors. After holding a neighborhood meeting, Bell South agreed to move the tower 252 feet from the closest multi-family residential dwelling. He reported Bell South feels this is an excellent location for the tower and stated the company is in agreement with the findings of fact and conditions recommended by the Planning Board. Mr. John Weldon, Senior Zoning Coordinator for Bell South PCS, reported all of the general requirements had been met and stated the tower would be moved to provide more protection to surrounding properties. He requested the Board to grant the Special Use Permit. Chairman Greer asked if any other sworn-ln persons would like to comment. The following remarks were received. Mr. Robert Kline, a developer and owner of Blair Properties, Inc., marked as "M" on the map included in the agenda packet, reported he was not notified of the Public Hearing; however, he would like to comment on the proposed use. The tower as proposed would be 18 stories high, which will be seen above the tree tops when entering Wrightsville Beach. He strongly obj ected to the statement that the proposed use would not injure the value of adjoining or abutting properties. He reported as a developer, he had found that properties located in close proximity to a tower of this height would lose value. He commented on the beauty of the entire area from Military Cut-Off Road to Landfall and expressed concern for devaluing these properties with placement of a tower on NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 287 the CP&L tract. He urged the Board to deny the request and consider the aesthetics of the area. vice-Chairman Mathews commented on the appearance of the tower and asked if any pictures were available? Mr. Weldon presented photographs of the tower and how it would look when completed. Mr. John Galarde, a local realtor, expressed concern for the visibili ty of the tower when entering and leaving Wrightsville Beach. He requested the Board to consider the aesthetics of the area and deny the request based upon the use not being in harmony with the area and injuring the value of adjoining or abutting properties. vice-Chairman Mathews asked Mr. Galarde where his property was located? Mr. Galarde reported he was a partner of Blair Properties, Inc., marked "M" on the map. Attorney Taylor reported all adjacent and abutting property owners had been notified about the Public Hearing as required in the Zoning Ordinance. He objected to the assumption that surrounding properties would lose value with erection of a tower in the area. He requested Mr. Joe Smathers to report on a recent study performed in North Raleigh regarding property values near telecommunications towers. Mr. Joe Smathers, the President of J. F. Smathers & Company Real Estate, presented a report on the impact of the telecommunications towers in residential real estate markets in North Raleigh. The study focused on sales and resales of identical properties within these neighborhoods in order to identify trends in property values over time. To eliminate as many variables as possible, control groups in adjacent neighborhoods were investigated. It was found that property values have continued to escalate over time, and that similar trends had been exhibited in the control groups. The investigation included an extensive search of the public records of Wake County and conversations with local real estate brokers and appraisers. There was no evidence found indicating an adverse impact on property values as a result of their proximity to the telecommunications towers. Mr. Kline reported he would be glad to hire a local appraiser to prepare a report on the impact of these towers to surrounding properties. He requested the Board to deny the request based upon the use devaluing surrounding properties. Mr. Weldon commented on an ordinance being rewritten by Cumberland County and stated after hiring a local real estate firm to prepare a report on property values, it was ascertained that cellular towers do not devalue adj oining properties. In fact, there should be a significant economic impact to the area because of this new technology, which will provide better jobs. The Board was requested to grant the Special Use Permit. Mr. Galarde stated he was not opposed to telecommunications towers; however, he did not feel it was right for surrounding residents to look out their back windows and see a tower of this size. He disagreed with the property valuation and requested denial of the use because of injury to the value of surrounding property values. Commissioner Barone asked if there would be shared use of the tower? Mr. Weldon responded that whenever possible, there would be shared use of the tower. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 11, 1996 BOOK 25 PAGE 288 After further discussion, the Board decided to requlre shared use of the tower as a condition of the Special Use Permit. Chairman Greer asked Mr. Weldon if he would agree to the shared use condition? Mr. Weldon stated he would agree to this condition. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit 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; 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 contingent upon the following conditions: (1) The tower will not be lighted because the FAA would not impose a lighting standard since the tower was less than 200 feet in height. (2) The tower must be relocated approximately 40 feet to the northwest to satisfy a 250 foot setback from the R-10 Residential District line south of Allen Lane. (3) The tower must be constructed to applicable engineering codes and standards to ensure controlled collapse. (4) After one year of abandoned use, the tower must be removed ln thirty (30) days. (5) The tower must be designed to accommodate shared use by other vendors. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 16. Report on National Association of Counties Legislative Conference Held in Washington, D. C. on March 3-5, 1996 Commissioner Barone commented on the excellent workshops held at the Legislative Briefing in Washington, D. C. and reported the conference was well worth the time given to attend the various sessions. She emphasized the importance of meeting other elected officials throughout the country and discussing problems of mutual concern. ADJOURNMENT Chairman Greer adjourned the meeting at 8:45 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board