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1995-05-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 659 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May I, 1995, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Caster led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to comment on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The following remarks were received: Discussion of Consolidation Efforts Ms. Janet Durham, representing the League of Women Voters, reported the League voted unanimously to support the concept of consolidating the City of Wilmington and New Hanover County governments. As to the bill introduced by Representative Danny McComas, the League did not read or discuss the bill because the group felt the Commissioners would not endorse the bill. She expressed concern for the bill establishing a precedent by allowing the members of the General Assembly to appoint the Consolidation Task Force and schedule a referendum instead of the local elected officials, who, in her opinion, should be persons involved in the decision making process. Ms. Durham complimented the members of the Wilmington City Council, Board of County Commissioners, and Staff for the hard work and decisions that have already been made at the subcommittee meetings, and she urged the Commissioners to move forward with developing the plan as scheduled. Ms. Durham commented on the voting equalization issue as a Consolidation Study Committee and recommended requiring a 75 percent majority vote on all issues instead of a 1.4 count for each Commissioner's vote. Emphasis was placed on the importance of ensuring a consensus among the twelve members of the Consolidation Study Committee before presenting the plan to the general public. Discussion of Growth in the City and County Ms. Durham commented on the proposed sewer expansion and reported since the study of annexation and consolidation, she was amazed to find out that Winter Park and pine Valley, annexed by the City approximately ten years ago, had not received the other amenities, such as stormwater run-off, sidewalks, etc. because of the cost involved. She reported if the City moves forward with annexation, an additional $86 million will be needed to provide these amenities; and, in her opinion, it will be impossible for the City to fund these projects. After discussion with the citizens living in the City and County, it is felt that growth is out of control and possibly the City and County should slow down and assess their current financial commitments before moving forward with further expansions. As the County considers expanding the Sewer System, the Commissioners must consider the costs involved with growth that will come from this expansion, such as a new elementary school each year and other public safety amenities. Many residents are concerned about the availability of funds to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 660 meet future growth and feel that impact fees should be raised and the property tax, if necessary. Commissioner Barone asked Ms. Durham if she had read the amended bill presented by Representative McComas? Ms. Durham responded that she had not seen the bill. Commissioner Barone reported the amended bill would allow the County to be responsible for the composition of the local Task Force. Chairman Greer expressed appreciation to Ms. Durham for the comments and reported he felt that everyone was in favor of consolidation; however, on behalf of Representative McComas, he introduced the bill to ensure that consolidation would be presented to the voters before the City proceeded with its proposed annexation plan. The amended bill would provide for six members from the City, six members from the County, and one member from each beach community. He stated if the Wilmington City Council will work with the Commissioners in developing a consolidation plan to be presented to the voters in October, there will be no problem; however, because of undercurrents and remarks being heard, he was not sure this would happen. Discussion of Proposed Park in Fawn Creek Subdivision Mr. Bill Barren, representing the residents of Fawn Creek, expressed concern for hearing that a vacant piece of land in the subdivision would be used as a baseball and soccer field effective July 1, 1995, without any notification to the residents of the area. He requested the Commissioners to allow the citizens of Fawn Creek to see the plans for the proposed park and discuss this matter before the County moves forward with the plan. Chairman Greer explained that the property had been designated as a site for a park and reported at the last meeting of the Parks and Recreation Advisory Committee, it was decided to hold a public meeting with the residents of Fawn Creek to receive public input before proceeding with the proposed plan. Parks Director, Neal Lewis, reported all residents of the entire subdivision would be notified of the meeting date, time, and place. vice-Chairman Mathews reported the County does not have to construct a park on this site; therefore, he would suggest that the residents of Fawn Creek meet to decide if they desire a park, and if so, attend the public meeting and provide public input to the Parks & Recreation Advisory Committee. Request for Rescinding the Resolution of Support for Changing the Distribution of the Room Occupancy Tax Mr. Herb McKim, Mayor of the Town of Wrightsville Beach, requested the Commissioners to revisit the recent resolution of support for the local act requesting a change in the distribution of the Room Occupancy Tax reducing the beach erosion percentage from 75% to 60% with the remaining 40% going to the Cape Fear Coast Convention and Visitors Bureau. He reported on attending a meeting at UNC-W where Congressman Charlie Rose and officials from the Corps of Engineers informed the community that beach renourishment funds would be reduced and discontinued after 1998. The current projects now funded by the federal government could be in jeopardy if these projects are not completely matched by the State and County funds. All inlets that are not of national significance would be discontinued from the federal program for dredging. Mayor McKim explained that he was not opposed to funding tourism but he felt the current Room Occupancy Tax distribution should not be changed. He reported under the proposed federal cuts, the distribution formula for erosion proj ects would be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 661 changed from 75% federal with a 25% state and local match to 25% federal with a 75% state and local match, which would seriously impact the funding for beach renourishment and Cape Fear River dredging projects. Also, Senate Bill 472, introduced by Senator R. C. Soles as a statewide bill, clearly states that any change in the distribution of the Room Occupancy Tax after March 1, 1995, would be negated and fall under the statewide bill which provides for a distribution formula of 67% for beach renourishment and 33% for tourism. Mayor McKim reported the proposed federal budget cuts and statewide bill introduced by Senator Soles could be detrimental to New Hanover County, and he requested the Commissioners to reconsider the resolution of support for changing the distribution formula. Commissioner Sisson expressed appreciation to Mayor McKim for the report, but expressed concern for the beach communities not informing the Commissioners of their position on the proposed change. Consensus: After further discussion, it was the consensus of the Board to place this item on the agenda for May 15, 1995, to allow the beach communities to comment. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the 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 April 18, 1995, as presented by the Deputy Clerk to the Board. Adoption of Resolution for the Sale of Surplus Property owned by the City of Wilmington and New Hanover County Located at 705 Brunswick Street The Commissioners adopted a resolution to accept an offer from Linell and Stephanie Josey for the sale of the following property: Parcel Nwnber Address Amount of Offer Tax Value Market Value 048-13-005-007.000 705 Brunswick St. $1,100 $1,050 $1,100 Offerer: Linell and Stephanie Josey P. O. Box 515 Castle Hayne, N. C. 28429 A copy of the resolution is hereby incorporated as a part of the minutes and is on file in Exhibit Book XXII, Page 34. Designation of the Department of Aging as the Lead Agency for the Home and Community Care Block Grant for Older Adults for FY 1995-96 The Commissioners designated the Department of Aging as the Lead Agency for the Home and Community Care Block Grant for Older Adul ts and approved the recommended County funding plan in the amount of $424,915 as outlined by the Block Grant Committee. For the past three years, the Council of Governments/AAA Administrator was designated this responsibility; however, due to the illness of a staff member, the Council of Governments will not be able to perform this task for FY 1995-96. The Chairman was authorized to execute the County Funding Plan. Authorization to Apply for the FY 1995-96 Alternatives to Detention State Grant The Commissioners authorized filing a grant application for the FY 1995-96 Alternatives to Detention State grant in the amount NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 662 of $72,770. The Chairman was authorized application and accept the grant when awarded. required. to sign the grant No County match is Approval of Budget Amendment #95-0171 for Replacement of Roof on Computer Technology Building at Cape Fear Community College The Commissioners approved the following Budget Amendment to transfer funds to Cape Fear Community College to replace the roof on the Computer Technology Building which is currently leaking. 95-0171 Non-Departmental/Cape Fear Community College Debit Credit Non-Departmental Contingencies $38,000 Cape Fear Community Colleqe Contribution to Other Agency $38,000 Award of Contract #94-0339 to WaYne's Backhoe Service for Site Work at Ogden Park The Commissioners awarded a contract to Wayne's Backhoe Service in the amount of $360,299 for site work at the Ogden Park Project. The bid was opened on March 16, 1995, with only one bid received. The project was re-bid on March 30, 1995, with one bid received from Wayne's Backhoe Service. Based upon estimates by engineering, the proposal was reasonable and Staff recommended award of the bid to Wayne's Backhoe Service. The Chairman was authorized to execute the contract documents. PUBLIC HEARING TO CONSIDER THE 1995-96 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY Chairman Greer opened the Public Hearing. Mr. Doug Bowers, Division Engineer of the N. C. Department of Transportation, expressed appreciation to the Commissioners for scheduling the Public Hearing to present the 1995-96 Secondary Road Construction Program for New Hanover County. Mr. Bowers introduced Mr. Roger Cates, the new Division Maintenance Engineer, and reported Mr. Odell Williamson, a member of the N. C. Board of Transportation was not able to attend. Mr. Bowers requested Mr. Jim Cook to present the program. Mr. Jim Cook, District Engineer, stated he was glad to report that last year's road construction project was completed ahead of schedule with all roads paved as well as extra paving of County roads. He reported as required by General Statute 136-44.5, the Department of Transportation must make a study of all state maintained unpaved roads before July 1 of each calendar year in order to determine the unpaved mileage in each county and the total in the state. These mileages are required to determine the secondary road construction allocations to each of the 100 counties. The allocation is determined by dividing the total number of miles in the State times the state-wide allocation as approved by the legislature. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax, which is not known until the end of the current fiscal year, ending June 30, 1995. Should there be a significant change in the County allocation, the local office of the Department of Transportation will inform the Board of County Commissioners of any adjustment in the Secondary Road Construction Program for FY 1995-96. Based on an unpaved mileage of approximately 8.5 miles in New Hanover County, compared to unpaved miles statewide, the secondary allocation is estimated at $97,974, which is expected to be approved at the July meeting of the N. C. Board of Transportation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 663 The N. C. Board of Transportation has approved a paving priority rating system having two paving priorities in each county, one for rural roads and one for residential/subdivision roads. A copy of the paving priorities was presented to the Board of County Commissioners. Mr. Bowers presented the following proposal for New Hanover County: Estimated Carry Over Estimated July 1, 1995 Secondary Construction Alloc. $ 20,000 97,974 117,974 - 14,608 $103,366 Spot Stabilization Paved Road Improvements, Safety Improvements, and Bridge Replacements SR 1334, Sondey Road (A Portion) Grade, Drain, Base, Pave From SR 1921 to SR 2203 Priority IS 0.12 $ 20,000 83,366 SR 1725, Rice Road Grade, Drain, Base, Pave From SR 1421 to Dead End Priority 6S 0.18 22,000 $ 61,366 SR 2222, Goff Drive Grade, Drain, Base, Pave From US 117 to End of System Priority 7S 0.23 21, 000 $ 40,366 SR 1801M, Nash Drive Dixon Acres Subdivision Paved with discretionary funds 1994-95 Priority 8S SR 1478A, Hillsdale Drive Dixon Acres Subdivision Paved with discretionary funds 1994-95 Priority 9S SR 2202, Edna Buck Road Grade, Drain, Base, Pave From SR 1336 to End of System Priority 10S 0.30 $ 32,000 $ 8,366 Volunteer Fire Departments, Rescue Squads, Road Additions, and Contingencies 8,366 -0- Total Mileage 0.83 In summary, Mr. Cook requested the Commissioners to approve the FY 1995-96 Secondary Road Construction Program. Board of New Hanover County County Vice-Chairman Mathews commented on eroded shoulders along the roadways and asked if the Department of Transportation was still pouring asphalt to repair these areas instead of sod? Mr. Cook explained that work crews had been told to use sod for replacement of eroded shoulders; however, some crews were not following this procedure. He reported he would check into this matter. Commissioner Sisson commented on destruction of roads and roadsides by heavy equipment used to clear land for new subdivisions and inquired as to whether the developers could be assessed for damage in lieu of the N. C. Department of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 664 Transportation being required to repalr the roads? Mr. Cook reported there was a law to require payment for road damage by the use of heavy equipment if these incidents are reported, investigated, and proven by the local DOT office. He explained that if an incident is not reported and the offender has left the site, the Department of Transportation cannot prove a violation occurred and has no choice but to repair the road with public funds. Chairman Greer requested Mr. Cook to check into shoulder erosion that had occurred on one side of Porters Neck Road, which could, in his opinion, become a safety hazard for persons traveling the road. Mr. Cook reported he would check into this matter. Commissioner Sisson commented on a letter written to the N. C. Department of Transportation to request that consideration be given to leaving an additional 18 inches of pavement on the side of major road projects for non-motorized transportation, and he inquired as to whether this has been considered by the N. C. Department of Transportation? Mr. Cook reported the Department of Transportation was supportive of paved shoulders for public safety; however, the State DOT budget determined whether or not paved shoulders would be placed on major road projects. He announced that two road projects in New Hanover County, pine Road Drive and Greenville Loop Road, will have paved shoulders through the County's Bicycle Program. Chairman Greer commented on the growth in certain areas of the County and the need for adequate roads in these areas. He inquired as to how the County could work with the Department of Transportation to better address traffic patterns in rapid growth areas? Mr. Bowers reported that New Hanover County was in the process of developing a Thoroughfare Plan to address growth and traffic needs for the next 20 years. Also, the Commissioners should work with the Planning Director, Dexter Hayes, through the Transportation Advisory Committee, to address short-term planning for congested roads in the county. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Ms. Betty Francis, a resident of 1300 Myrtle Gardens Drive, expressed concern for Myrtle Gardens Drive not being paved and reported the residents had been promised that the road would be paved for the past ten years. Mr. Cook responded that Myrtle Gardens Subdivision had been difficult to work with because the lots were not recorded at the time of development. The owner of the property divided the lots, sold the land with owner financing, and did not record the parcels. He reported the documentation on file shows the development was not established until after October 1, 1975. If documentation could be found to show the subdivision was planned, recorded, or completed before October 1, 1975, the road would qualify for state maintenance. After a lengthy discussion, Mr. Cook reported he would be glad to reinvestigate the case to see if some assistance could be provided to Ms. Francis. Chairman Greer closed the Public Hearing and requested a motion for approval of the Secondary Road Construction Program as presented by the N. C. Department of Transportation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 665 Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the FY 1995-96 N. C. Department of Transportation Secondary Road Construction Program for New Hanover County as recommended by the N. C. Department of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the report is hereby included as a part of the minutes and is contained in Exhibit Book XXII, Page 34. ADOPTION OF RESOLUTION TO RECOGNIZE THE CAPE FEAR YOUTH SOCCER ASSOCIATION STATE CUP CHAMPIONSHIP SERIES BEING HELD IN WILMINGTON, NORTH CAROLINA ON MAY 6-7, 1995 County Manager 0' Neal reported the Cape Fear Youth Soccer Association had been awarded a preliminary round of the North Carolina Youth Soccer Association State Cup Championship Series. The event will be held in Wilmington on May 6-7, 1995, with the final four being held in Greensboro, North Carolina, on May 13-14, 1995, and the North Carolina Region II Championships in Greenville, South Carolina. He requested the Commissioners to adopt a resolution to recognize and welcome the participating soccer teams to New Hanover County and offer support for the local teams during the competition. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the resolution of recognition for the soccer teams as requested by the County Manager. 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 XXII, Page 34. ADOPTION OF PROCLAMATION DESIGNATING MAY 15-19, 1995, AS "RIDE YOUR BIKE TO WORK WEEK" IN NEW HANOVER COUNTY Mr. Chris O'Keefe, Chairman of the New Hanover County Bicycle Advisory Committee, introduced Mr. Charles Kernan, President of the Cape Fear Cyclists. Mr. Kernan requested the Commissioners to adopt a proclamation designating May 15-19, 1995 as "Ride Your Bike to Work Week" in New Hanover County as part of the National Bicycle Awareness Month. This event is intended to foster a greater awareness for bicycle commuters, encourage would-be riders to get out their bikes, and promote safe cycling. Corporate sponsors will provide T-shirts to the 100 cyclists participating in the week-long event. Mr. Kernan presented T-shirts and a copy of the most recent newsletter to each County Commissioner in recognition of this event. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a proclamation designating May 15-19, 1995, as "Ride Your Bike to Work 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 XXII, Page 34. CONSIDERATION OF COUNTY PARTICIPATION IN PERFORMANCE OF ENGINEERING STUDY TO CONTROL EROSION AT MASON'S INLET Assistant County Manager, Dave Weaver, reported the Shell Island Homeowners Association had requested the County to contribute 65 percent of the funds for an engineering study to be performed by Century/von Oesen at an estimated cost of $15,000 to $25,000 for the development of preliminary engineering design suitable for obtaining permits to dredge Mason's Inlet. The cost of the study to the County will range from $9,800 to $16,300 and is eligible to be funded from the Room Occupancy Tax revenues. He reported erosion had been threatening the Shell Island area for the last several years, but it appears to be slowing down; however, if erosion picks up again, it may be prudent to have the necessary NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 666 state and federal permits approved. Staff recommends County participation in the study with a cap of $16,300 contingent upon the County having authority for review and approval of study products even though the Shell Island Homeowners Association will administer the contract. Mr. John O'Malley, President of the Shell Island Homeowners Association, presented an overview of the erosion problem being experienced at Shell Island and requested the Commissioners to approve sixty-five percent of funding for the engineering study. He pointed out that the Shell Island Resort had contributed $750,000 into the Room Occupancy Tax fund and requested the Commissioners to contribute $16,300 toward the engineering study in order to receive a professional opinion on determining how to address the erosion problem. vice-Chairman Mathews commented on public access and inquired as to whether there was a public access near the Shell Island Resort? Mr. O'Malley reported when the Shell Island Resort was constructed, a parking lot and boardwalk south of the hotel were provided with 40 parking spaces, and on the north end of the resort, 50 parking spaces and a sidewalk running to the beach were provided for public use. The resort paid for construction of the bathhouse and has always paid for the electricity. Also, the hotel allows the public to use additional parking spaces in the facility's parking deck. Commissioner Barone commented on the April 3, 1995, letter and the scope of work outlined by Century/von Olsen and inquired as to how a cost can be estimated for permits before the outcome of the study had been determined? Mr. O'Malley reported a $15,000 flat fee is being used to obtain the initial permits, which will cost at least $80,000. Commissioner Barone commented on the project being divided into two phases, one for the design, and one for obtaining the necessary permits and reported since the final design project will have to be presented to the Board of County Commissioners, the cost of permits could be considered at that time. Mr. O'Malley explained that $15,000 was included ln the cost for the permits necessary to perform the design work. Commissioner Sisson expressed concern for committing County funds to this type of project and reported the people who construct homes on this type of land should be responsible for the financial burden. He recommended that Shell Island Resort appear before the Wrightsville Beach Board of Aldermen, since this board allowed construction of the resort on this fragile land. Commissioner Barone reported she initially agreed with Commissioner Sisson's remarks until she heard the amount of funds contributed by the Shell Island Resort to the Room Occupancy Tax Fund. vice-Chairman Mathews sympathized wi th Mr. 0' Malley but stated he could not support the request because people know the uncertainties of building too close to the water; therefore, they should be responsible for the problems incurred. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to approve funding not to exceed $16,300 as the County's participation in the engineering study for control of erosion at Mason's Inlet contingent upon the funds coming from Room Occupancy Tax fund as well as County review and approval of the study products. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 667 Voting Aye: Commissioner Barone Commissioner Caster Voting Nay: Commissioner Sisson Vice-Chairman Mathews Chairman Greer BREAK Chairman Greer called a break from 8:10 P.M. until 8:30 P.M. PUBLIC HEARINGS Public Notice had been given that Public Hearings would be held on May 1, 1995, at 7:30 P.M. in the Assembly Room of the New Hanover Courthouse, 24 North Third Street, Wilmington, North Carolina. PUBLIC HEARING TO CONSIDER A THOROUGHFARE CLASSIFICATION PLAN AMENDMENT TO CLASSIFY A PORTION OF FARLEY DRIVE AS A COLLECTOR ROAD (TCM6, 4/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the Thoroughfare Classification Plan Amendment feeling the reclassification of Farley Drive would be consistent with the road's current function and physical characteristics. There was no opposition from adjoining property owners. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. Phillip Owensby, a resident of 2016 Farley Drive, reported he was in favor of the reclassification of Farley Drive as a collector road. Mr. Chris Stevens, a representative of the Organization, reported Landmark was supportive reclassification of Farley Drive. Landmark of the Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the Thoroughfare Classification Plan Amendment as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER COUNTY, NORTH CAROLINA, AMENDING THE THOROUGHFARE CLASSIFICATION PLAN OF NEW HANOVER COUNTY ADOPTED JUNE 4, 1979, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 34. PUBLIC HEARING TO CONSIDER A REVISED PETITION FROM PHILLIP OWENSBY TO REZONE 1.92 ACRES AT 2016 FARLEY DRIVE TO CONDITIONAL USE INDUSTRIAL FOR MINI-STORAGE AND OFFICES FROM AR AIRPORT RESIDENTIAL (Z-510, 10/94; REVISED 3/95) Chairman Greer opened the Public Hearing and reported the conditional use process requires issuance of a Special Use Permit; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn In: Dexter Hayes, Planning Director Phillip Owensby Chris Stevens NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 668 Director Hayes reported the Planning Board voted unanimously to recommend approval of the applicant's request pursuant to the following site plan revisions: a. Increasing the setback between the storage buildings to 20 feet. b. Recessing the eight-foot high fence planned along the Farley Drive right-of-way to ten (10) feet from the road and leaving the existing vegetation between the road and fence undisturbed. c. Limiting the Slze of the site identification slgn to 32 square feet. d. Removing a planned road access on the north side of the site from the plan. Planning Director Hayes reported the rezoning approval was predicated on the County's redesignating a portion of Farley Drive to a collector road. The Planning Board felt that planned uses if developed according to the modifications would be an appropriate use for the property. Planning Director Hayes presented the following preliminary staff findings: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The site has access to Farley Drive and a road will be constructed in an industrial park on the adjoining property. B. The proposed site is located in the Wrightsboro Volunteer Fire Department District. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Setbacks, buffering, building heights, and related design standards are generally met. C. Adequate area lS available to meet off-street parking requirements. 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: A. Land to the south and east was recently approved for a small industrial park. B. Property to the north lS currently used for retail purposes. C. A small mobile home park is located west of the site. 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. There are residential uses nearby; however, recent rezoning on adj oining property and existing commercial uses next door NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 669 indicate that the land ln question lS ln a state of transition. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. Phillip Owensby commented on being satisfied with the revisions to the plan and reported these changes had already been incorporated into the plan. Chairman Greer asked Mr. Owensby if he concurred wi th the findings as presented by the Planning Director? Mr. Owensby agreed with the findings as presented. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to rezone 1.92 acres at 2015 Farley Drive to Conditional Use Industrial mini-storage and offices from AR Airport Residential contingent upon the site plan revisions approved by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA AIRPORT OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, under the Airport Section, Page 11. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit for use of property located at 2016 Farley Drive for construction of a mini-storage and offices based upon the evidence presented concluding that 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; the proposed use meets all required conditions and specifications of the Zoning Ordinance; the proposed 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 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. 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 12. WITHDRAWAL OF PUBLIC HEARING TO CONSIDER A REQUEST BY T. ROBINSON TO REZONE TWO ACRES ON THE WEST SIDE OF CAROLINA BEACH ROAD NORTH OF LOBOS LANE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-532, 4/95) County Manager O'Neal reported the petitioner had withdrawn the rezoning request. PUBLIC HEARING TO CONSIDER REALIGNMENT OF THE I-2 HEAVY INDUSTRIAL DISTRICT BOUNDARY ON THE NORTHEAST SIDE OF NORTH COLLEGE ROAD NORTH OF CASTLE HEIGHTS DRIVE TO COINCIDE WITH PROPERTY LINES (Z-533, 4/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported this item was initiated by the Planning Board after considering a rezoning petition for a nearby parcel of land last year. The Planning Board felt the line as currently shown was awkward and illogical. Staff was directed to prepare a realignment for consideration at the April meeting of the Planning Board. The Planning Board voted unanimously to recommend approval of the realignment as indicated on the plan included in the agenda NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 670 packet. The plan is a slight variation from Staff's initial proposal in that Parcels Band W were added for rezoning the property to R-15. These parcels were zoned 1-2 and Staff was reluctant to recommend R-15 to avoid loss of perceived development rights. After contacting the property owners, they desired for Parcels Band W to be rezoned to R-15 Residential. Chairman Greer inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve the realignment of the 1-2 Heavy Industrial District boundary on the northeast side of North College Road north of Castle Heights Drive to coincide with property lines including rezoning Parcels Band W to R-15 as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 21. PUBLIC HEARING TO CONSIDER REZONING .51 OF AN ACRE ON THE NORTHSIDE OF OLEANDER DRIVE EAST OF GILES AVENUE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-534, 4/95) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the rezoning petition. The Planning Board felt the site's proximity to Oleander Drive, nearby and adjacent commercial districts made it unlikely that the small parcels would ever be used for residential purposes. There was no opposition present at the Planning Board meeting. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. Rex Healy, the petitioner, commented on the land being better suited for commercial use and reported he had purchased the land for construction of a boat showroom. He requested the Commissioners to approve the rezoning request. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to rezone .51 of an acre on the northside of Oleander Drive East of Giles Avenue to B-2 Business from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971", is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 60. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 8:47 P.M. until 9:02 P.M. to hold a meeting of the Water & Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 671 ADDITIONAL ITEMS - COUNTY MANAGER DEVELOPMENT AND FINANCING OF THE WATER & SEWER DISTRICT TO BE PLACED ON THE MAY 15, 1995 AGENDA County Manager O'Neal reported the development and financing of the Water & Sewer District will be presented and discussed at the meeting scheduled for May 15, 1995. He inquired as to whether the Commissioners would like additional information other than the data presented at the Work Session held on April 27, 1995. Chairman Greer requested information as to when the impact fee was established. Commissioner Sisson requested a report on the number of units that could be developed after completion of the Northside Wastewater Treatment Plant and Ogden Interceptor in lieu of not expanding the Sewer System. He also requested information on how the Certificates of Participation would be affected if interest rates remain at the current level, increase significantly, or sharply decrease. Commissioner Barone requested additional information on "wrap around financing" as mentioned in the Work Session. Chairman Greer stated, for the record, he is strongly objected to uSlng wrap around financing. DISCUSSION OF HOUSE BILL 220 TO LIMIT AUTHORITY OF COUNTIES AND MUNICIPALITIES TO REGULATE BILLBOARDS AND SIGNS County Manager 0' Neal reported Scenic North Carolina was concerned about House Bill 220 to limit local control of billboards and signs. He stated the bill is scheduled to be heard tomorrow morning at 7:30 A.M. by the Business and Labor Committee, of which Representative McComas is a member. He inquired as to whether the Commissioners would like to contact Representative McComas about the County's position on the proposed bill. Chairman Greer reported, in his opinion, it was too late to contact Representative McComas. Commissioner Barone reported she would like to discuss the bill with Representative McComas before making a decision. vice-Chairman Mathews commented on the work and effort given by the Commissioners to provide local control over billboards and reported he hoped the bill would not be enacted. No action was taken. AUTHORIZATION FOR THE CRIMINAL JUSTICE PARTNERSHIP BOARD TO FILE AN APPLICATION FOR THE FY 1995-96 STATE GRANT Deputy County Manager, Andrew J. Atkinson, reported the Criminal Justice Partnership Board would like authorization to file an application for a State grant in the amount of $155,000 to purchase a building to be used as a Day Sentencing Center. Members of the Criminal Partnership Board have been searching for a building to use for this purpose, and a building has been located at 801 Princess Street. The building has over 2,000 square feet of space with a purchase price of $150,000. If the funds are received, the money would be used to purchase the building. Commissioner Barone reported State funds are available for purchasing and refurbishing the building. Commissioner Sisson inquired as to whether the building could be leased? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 672 Deputy County Manager Atkinson reported the building could probably be leased; however, purchasing the building would greatly reduce the annual operating costs of the program. Chairman Greer requested an explanation of the program. Deputy County Manager Atkinson reported the program was composed of two parts: (1) The Pretrial Proqram: This portion of the program is for the purpose of keeping offenders out of jail who have not been sentenced and are awaiting trial. The Pretrial Program will reduce jail overcrowding. (2) Establishment of a Dav Sentencinq Center: A center of this type would allow Judges to sentence offenders to the Day Sentencing Center instead of being incarcerated. All offenders would be required to attend the Center on a daily basis, and probation Parole Officers would be located at the Center. Programs such as GED training; drug and alcohol abuse counseling; reading courses administered by the Cape Fear Literacy Council; and job counseling by Cape Fear Community College would be provided to the offenders. This program would force offenders to work toward correcting their problems and hopefully become productive citizens. Commissioner Barone reported the Judges were very supportive of the program because it provides another alternative in lieu of placing these offenders back on the streets. Chairman Greer expressed concern for establishing a program for offenders when the law clearly states these people should go to jail. He reported he could not support the program or apply for funds to purchase a building, particularly when the State could stop funding the program and the County would become responsible for the property . Motion: After discussion of program, Vice-Chairman Mathews Sisson to authorize the Criminal for the State grant. The floor the need to save money for the MOVED, SECONDED by Commissioner Justice Partnership Board to apply was opened for discussion. Commissioner Caster expressed concern for purchasing the building and reported the price is too high for the location of the property. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Caster Chairman Greer ADOPTION OF RESOLUTIONS APPROVING THE INSURANCE DISTRICT BOUNDARIES FOR THE CASTLE HAYNE, FEDERAL POINT, MYRTLE GROVE, OGDEN, SEAGATE, WINTER PARK, AND WRIGHTSBORO VOLUNTEER FIRE DEPARTMENTS Mr. Aubrey Rivenbark, Interim Fire Marshal, reported the N. C. Department of Insurance will be inspecting the Volunteer Fire Departments in New Hanover County beginning May 8, 1995. As a requirement, the Commissioners need to adopt resolutions to verify the boundaries of the insurance districts. He requested the Commissioners to adopt the resolutions as presented. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the resolutions approving the insurance district boundaries for Castle Hayne, Federal Point, Myrtle Grove, Ogden, Seagate, Winter Park, and Wrightsboro Volunteer Fire Departments. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 673 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 34. DISCUSSION OF PROPOSED LEGISLATION FOR THE TOWN OF KURE BEACH County Attorney Copley reported the Town of Kure Beach plans to construct new beach frontage through renourishment programs conducted by the U. S. Corps of Engineers. The area involved would include land within the Town of Kure Beach as well as the unincorporated County. She explained that Kure Beach Town Attorney, Andy Canoutas, had contacted her this morning requesting New Hanover County to support a local bill that would allow landowners six months to assert their claims and receive compensation for the land taken through the beach renourishment proj ect. Commissioner Barone inquired as to whether any money would be involved? County Attorney Copley responded that no County funds would be required. Motion: Commissioner Caster expressed concern for receiving an item of this type without time to review the local bill and MOVED to place this item on the agenda for May 15, 1995. The floor was opened for discussion. County Attorney Copley reported the deadline for recelvlng the bill was May 15, 1995. Commissioner Caster reported he certainly wanted to be of assistance to Kure Beach; however, he needed more time to reVlew the bill before making a decision. Vice-Chairman Mathews SECONDED THE MOTION for placement of this item on the agenda for May 15, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF RESOLUTION TO PAY TRIBUTE TO THE LATE WOODROW "WOODY" WILSON Commissioner Barone reported over the weekend a long-time friend of hers, Woodrow "Woody" Wilson, passed away, and she requested adoption of a resolution to honor Mr. Wilson for his dedicated service to New Hanover County. Motion: Commissioner Barone MOVED to adopt the resolution. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. DISCUSSION OF SCHOOL BUDGET Commissioner Barone commented on the budget presented for the schools and expressed concern for many of the items, such as $2 million for the purchase of land for a high school; a Wellness Program utilizing funds for the purchase of scales and refrigerators for teachers' lounges instead of helping children; and the elimination of reading rooms to accommodate children from kindergarten through the fourth grade. She requested the Commissioners to return the budget to the school so the Board of Education could have ample time to study the budget. Vice-Chairman Mathews stated, in his opinion, the Board of Education should return the budget, not the Board of County Commissioners. Commissioner Sisson reported if the Board of Education lS not pleased with the budget, the budget should be withdrawn. After discussion of the deadline for schools submitting budgets by May 15, 1995, Chairman Greer responded the Commissioners would be glad to work with the Board of Education until May 15; however, he felt the members of the Board of Education should return the budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 674 Ms. Lori Stephenson reported, as a member of the Board of Education, she felt the school budget was rushed with the Board being informed the budget had to be submitted to the County in advance. She expressed appreciation to the Commissioners for informing her that the deadline for receiving the budget was not until May 15, 1995; therefore, she would discuss the possibility of wi thdrawing the budget with the other members of the Board of Education. County Manager O'Neal explained that the Commissioners will adopt the final budget on June 19, 1995, which will allow time for adjustments to be made in the budgets submitted from May 15, 1995, through June 19, 1995. Ms. Stephenson expressed appreciation for this information and reported Commissioner Barone attended the Board of Education meeting when the budget was submitted and she was trying to help clarify the budget process. DISCUSSION OF RESOLUTION IN SUPPORT OF HOUSE BILL 607 AS AMENDED Commissioner Barone stressed the importance of supporting members of the local legislative delegation, and requested the Commissioners to consider adopting the following resolution of support for House Bill 607 as amended: WHEREAS, Representative Danny McComas has introduced House Bill 607 entitled AN ACT TO CREATE THE WILMINGTON-NEW HANOVER LOCAL GOVERNMENT TASK FORCE; and WHEREAS, the goal of this act is to appoint a Task Force to study: (1) The consolidation of the County and the City; (2) The consolidation of one or more of their functions and services of the County and the City; and (3) The annexation laws applicable ln New Hanover County; and to complete its study and prepare a report of its findings and recommendations regarding consolidation no later than September 1, 1996; and WHEREAS, this act would allow for an integrated, comprehensive study of consolidation, thereby benefitting the interest of the citizens of New Hanover County; NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners supports House Bill 607, as amended. Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to adopt the resolution. The floor was opened for discussion. Vice-Chairman Mathews commented on the numerous committee meetings that had been held by the County Commissioners and members of the City Council and reported the Consolidation Study Commission was successfully moving forward with development of a plan to be presented to the voters in October. He expressed concern for postponing consolidation for a year and stated he could not support House Bill 607 as amended. Chairman Greer agreed with the statements made by Vice- Chairman Mathews, but expressed concern for the process being slowed down with annexation occurring before the citizens were given an opportunity to vote on consolidation. He reported House Bill 607 as amended would ensure a vote of consolidation before annexation and stated, for the record, this was the only reason he was supporting the bill. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 1, 1995 BOOK 24 PAGE 675 Commissioner Caster expressed concern for starting the process over again and stated he felt the elected officials of both local governments were in "good faith" trying to prepare a consolidation plan to be presented in October. Commissioner Barone reported the citizens of the unincorporated areas of the County feel extremely threatened by annexation, and, in her opinion, they deserve to be protected. She explained that if any glitch occurred with the consolidation plan and the referendum was not held in October, the City would proceed with its annexation plan, which would be too late for many residents living in the County. Commissioner Sisson reported the amendments to the initial bill make the bill more acceptable; however, he feels the October schedule should be followed in order to give the citizens a chance to vote for consolidation. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews ADJOURNMENT Chairman Greer adjourned the meeting at 10:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board