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1993-11-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 788 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 1, 1993, at 6:30 P.M. in the First Floor Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Adrian Shepard, Pastor of the United Advent Christian Church, gave the invocation. vice-Chairman Mathews 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 on an item listed on the Consent Agenda. The following items were presented. Invitation to Veterans Day Memorial Service and Invitation to Attend the Kiwanis Pancake Day Mr. Tom Townsend, Secretary 0 f the New Hanover Veterans Council, reported World War I ended on Thursday, November 11, 1918, seventy-five years ago, and invited the Commissioners to attend a Veterans Day Service on November 11, 1993, beginning at 11:00 A.M. in the National Cemetery. Also, the Commissioners and spouses were invited as guests to attend the annual Kiwanis Pancake Day on Saturday, November 6, 1993, before 11:30 A.M. Presentation of Framed WASTEC Brochure to Board of County Commissioners Mr. Gene Renzaglia, Chairman of the WASTEC Commission, commented on the complexity of the chemical industry and reported the public does not understand the accomplishments of this industry in protecting the environment. Unfortunately, the same is true with the WASTEC Facility. Today, New Hanover County has a safe and environmentally sound incinerator, one that reduces the volume of trash going to the Landfill by 85 percent. The WASTEC Commission feels it is time to better inform the public and has prepared a brochure explaining the operation of the facility. The Commissioners and members of the County Administrative Staff were urged to pass out these brochures as they attend various events. Mr. Renzaglia presented a framed copy of the brochure to the Board of County Commissioners. Chairman Greer, on behalf of the Board, expressed appreciation for the picture and thanked the members of the WASTEC Commission for the time and effort given to bring the operation of this facility to a safe and efficient method of converting waste to energy. Presentation of Check from the Federal Emergency Management Agency (FEMA) for Reimbursement of Expenses Incurred from the March 13, 1993, Storm Ms. Brenda Coffey, representing Emergency Management, presented a check from FEMA in the amount of $170,595 for reimbursement of County expenses incurred from the March 13, 1993, Storm. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 789 Chairman Greer, on behalf of the Board, expressed appreciation to Emergency Management for the outstanding manner in which the storm was documented and explained this was the key factor in the County receiving FEMA reimbursement for storm related expenditures. Discussion of Cape Fear River Trail Designation Parks Director, Neal Lewis, commented on a request on the Consent Agenda to adopt a resolution designating the Cape Fear River as a trail for recreational outings and introduced Mr. Tom Potter, the Regional Trail Specialist of the N. C. Division of Parks and Recreation; Mr. Clark Hipp, Chairman of the local group endorsing the designation of the Cape Fear River Trail; and County Planner I, Chris O'Keefe, who has been involved in bringing this trail into a reality. A fact sheet was presented on the procedure for designation of the Cape Fear River Trail as a part of the North Carolina Trail System. The Commissioners were requested to adopt the resolution on the Consent Agenda. Commissioner Barone inquired as to whether this project will cost the County money? Director Lewis reported no County funds will be required. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve 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 September 7, 1993, and Regular Meeting of October 4, 1993, as presented by the Clerk to the Board. Approval of Amendment to 1984 Interlocal Agreement (Contract #94- 0142) with the City of Wilmington for the provision of Fire Protection to the Incinerator and Landfill The Commissioners approved an amendment to the 1984 Interlocal Agreement with the City of Wilmington to reflect fire fighting costs and coverage changes for expansion of fire protection services to include the Landfill. The Chairman was authorized to execute the amended agreement. A copy of the amended agreement lS on file ln the Legal Department. Adoption of Resolutions Requesting Addition of Roads to the State Highway Maintenance System The Commissioners adopted resolutions requesting the addition of the following roads to the State Highway Maintenance System: Kirby Smith Drive and Braemar Lane, Kingsland Subdivision Walnut Hills Subdivision, Sections 11 and 12 Snapper Lane, Wilmington Beach, N. C. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXI, Page 23. Adoption of Resolution Supporting the Release of State Funds for the Cape Fear Council of Governments The Commissioners adopted a resolution supporting the release of State funds in the amount of $13,424.49 for use by the Cape Fear Council of Governments. These funds cannot be used directly by the County or as part of the County's annual match for the Council of Governments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 790 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 23. Adoption of Resolution to Endorse the Creation of the Cape Fear River Trail The Commissioners adopted a resolution of endorsement for the creation of the Cape Fear River Trail to officially designate that portion of the Cape Fear River between Fayetteville and Southport as the Cape Fear River Trail. Upon designation, the Cape Fear River Trail will become eligible for grants and other assistance as part of the North Carolina Trail System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 23. Approval of Budget Amendment #94-0076 - Cape Fear Museum The Commissioners approved the following Budget Amendment: 93-0076 Museum Debit Credit Museum Contributions $3,469 Salaries & Wages FICA $3,225 $ 244 Purpose: To budget greater than anticipated revenue from the "Dinosaurs in Motion" Exhibition to be used for funding additional hours for a temporary position in the Museum's education unit to assist with catch up and recovery from the record exhibition attendance. PRESENTATION OF "CERTIFICATE OF ACHIEVEMENT" TO DAN SUMMERS, EMERGENCY MANAGEMENT DIRECTOR, FOR COMPLETION OF EMERGENCY MANAGEMENT INSTITUTE'S PROFESSIONAL DEVELOPMENT SERIES Chairman Greer, on behal f 0 f the Board, congra tula ted and presented a Certificate of Achievement to Emergency Management Director, Dan Summers, for completing the Emergency Management Institute's Professional Development Series. Appreciation was expressed for this outstanding achievement. vice-Chairman Mathews reported on the disaster drill held at the New Hanover County Airport and complimented Director Summers for an excellent job. CERTIFICATES OF APPRECIATION PRESENTED TO MARK BOYER, ANN WATKINS, MERTON VANCE, AND FRANK DIEM FOR HURRICANE PREPAREDNESS PROGRAM EFFORTS Chairman Greer, on behalf of the Board, presented Certificates of Appreciation to the following members of the news media to publicly recognize these individuals for their contributions to the Hurricane Preparedness Program: Mark Boyer, News Director at WGNI Radio, for his numerous features on Hurricane Preparedness and Hurricane Updates. Ann Watkins, a Community Speaker, for volunteering to teach dozens of community groups, churches, civic organizations, county employees, businesses, and industry about the Federal Emergency Management Agency's Family Disaster Preparedness Program. Merton Vance, of the Wilmington Star News, for serving on the Public Information Task Force to develop appropriate and timely disaster preparedness information campaigns. Frank Diem, a Mapping Technician and volunteer, who worked with support personnel from the United States Power Squadron to perform a massive data collection project for the Department of Emergency Management. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 791 ADOPTION OF THE WILMINGTON-NEW HANOVER LAND USE PLAN UPDATE Planning Director, Dexter Hayes, presented some minor changes to the draft plan agreed upon by the Wilmington City Council and New Hanover County Board of Commissioners to satisfy State requirements and ensure the Land Use Plan Update is consistent between policies and Implementation Actions. The Commissioners were requested to adopt the plan as amended. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the Wilmington-New Hanover Land Use Plan Update as amended including the changes presented by the Planning Director. The floor was opened for discussion. Commissioner Barone commented on the cooperation among the various groups in updating the Land Use Plan, but expressed concern for reclassifying 3,200 acres in the Castle Hayne area to Resource and Protection. She stated, for this reason, she cannot support the proposed plan due to the erosion of New Hanover County's limited, valuable industrial area. She was concerned about bond ratings if New Hanover County continues to erode its industrial base toward residential zoning. Upon vote, the MOTION CARRIED AS FOLLOWS Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Chairman Greer expressed appreciation to the Planning Director and Planning Staff for the many hours of work given to prepare the Land Use Plan. Commissioner Sisson expressed appreciation to the Planning Director and Planning Staff for their professionalism in handling and dealing with the Land Use Plan Update. ADOPTION OF SPECIAL OBLIGATION BOND RESOLUTION AND APPROVAL OF THE FORMS AND TERMS OF THE BOND PURCHASE AGREEMENT AND OFFICIAL STATEMENT Chairman Greer reported one of the purposes of the meeting is to consider and take action on a Bond Resolution authorizing the issuance of Special Obligation Bonds of the County secured by and payable from EMS fees, inspection fees, municipal tax collection fees and inventory tax reimbursement. Motion: Commissioner Caster introduced the Bond Resolution enti tled, "BOND RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION BONDS OF THE COUNTY OF NEW HANOVER AND PROVIDING FOR THE SECURING THEREOF," a copy of which with draft dated October 20, 1993, was submitted to the meeting, and MOVED that it be adopted with such revisions as the Chairman or Vice-Chairman of the Board and the Clerk to the Board, with the advice of counsel, may deem necessary and appropriate. Following discussion of the Bond Resolution, Vice-Chairman Mathews SECONDED THE MOTION and the Bond Resolution was adopted by a UNANIMOUS VOTE. Chairman Greer advised the members of the Board that the next order of business was to consider and take action on a resolution authorizing the execution and delivery of a Bond Purchase Agreement and an Official Statement relating to the sale of Special Obligation Bonds of the County authorized by the Bond Resolution adopted on the date hereof. Commissioner Sisson introduced and Commissioner Sisson MOVED for passage read of the the Resolution. resolution. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 792 Commissioner Caster SECONDED THE MOTION and the adopted by a UNANIMOUS VOTE. resolution was A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 23. ADOPTION OF AMENDED CABLE TELEVISION ORDINANCE TO COMPLY WITH CABLE ACT OF 1992 AND AUTHORIZATION TO ADD FCC CONSUMER SERVICES STANDARDS AND COUNTY STANDARDS County Attorney Copley requested adoption of an amended ordinance including adoption of the Consumer Service Standards in order to comply with the Amended Cable Act of 1992. The FCC standards are more strict than the County's current ordinance; therefore, the ordinance must be amended. On July 6, 1993, the County decided to adopt the FCC Consumer Service Standards and a provision has been added to require rebates for six consecutive hours of interrupted service. The FCC Consumer Service Standards are more thorough than currently stated in the County Ordinance with regard to delays in service, installation, receiving busy signals, and responding to calls from the consumers. These standards will address many of the complaints received by the County. Discussion was held on the rebate for six consecutive hours of interrupted service. Mr. William Green, General Manager of Vision Cable, reported the final number of hours negotiated with the City was twelve consecutive hours of interrupted service on a pro-rated rebate basis. Discussion was held on the franchise fee and this fee being reflected on the cable bills. Attorney Rountree reported the new Cable Act of 1992 required the cable industry to break out costs. The franchise fee historically has been 3% of gross revenues in this region of North Carolina. Different franchises define revenues in different ways. The City of Wilmington defines gross revenues as all revenues. With passage of the 1992 Cable Act, this fee must be reflected on the cable billing. New Hanover County has never desired to become involved in the cable business as long as the service provided is satisfactory; however, the City of Wilmington has been more proactive in determining the signals provided by Vision Cable. Vice-Chairman Mathews commented on many undesirable channels and inquired as to whether the public can select a per channel menu instead of a package? Attorney Rountree reported selecting a channel instead of a package will probably occur within a few years once the computer fiber optics technology is developed. Telephone companies will be in the cable business and cable operators will be in the telephone business; therefore, this combination will significantly improve the menu choice. Commissioner Barone commented on billing subscribers ln advance and inquired as to when the late fee is charged? Mr. Green reported if a subscriber has not paid the bill by the end of the first month, a late fee is not charged until after the 15th of the next month. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to adopt the amended Cable Television Ordinance including adoption of the Consumer Service Standards as presented by the County Attorney and direct Staff to correct the agreement to reflect "twelve consecutive hours of interrupted service" instead of six hours for the provision of rebates. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 23. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 793 The ordinance is to be codified into the New Hanover County Code. APPROVAL OF RESOLUTION TO ADOPT PROCEDURES FOR CABLE TELEVISION RATE REGULATIONS County Attorney Copley requested approval of a resolution to adopt procedures for Cable Television Rate Regulations to regulate the basic tier rates. The Cable Act requires a Public Hearing before implementing rate regulations. Once rates are received from the cable companies, a Public Hearing will be held to receive public input. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the resolution to adopt procedures for Cable Television Rate Regulations. 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 XXI, Page 23. DISCUSSION OF GOVERNMENTAL ACCESS CHANNEL County Attorney Copley reported pursuant to the requirements of the Cable Act, Vision Cable will provide equipment to allow the City and County to provide programming on the Governmental Access Channel. Once the equipment is received, Board meetings and other programs pertaining to government can be shown on the station. After meeting with Jim Bartlett of Cape Fear Community College, the Ci ty and County have been assured the college will provide a technician to operate the equipment necessary to broadcast the Board meetings at a minimal cost. The cost will be included in the annual budget request for Cape Fear Community College. Also, a letter has been forwarded to the Commissioners from George Rountree regarding the purchase of additional equipment by Vision Cable for the Governmental Access Channel with this cost to be passed to the subscribers as a one-time fee not to exceed $5.00. The Commissioners are requested to decide if they wish to use the Governmental Access Channel and if a $5.00 one-time fee should be passed to the subscribers for the purchase of additional equipment. Chairman Greer commented on the federal government initiating these changes under the Cable Act and stated he is willing to accept the equipment available, but is opposed to passing a cost to the subscribers for the purchase of additional equipment. Attorney Rountree reported the City desired to have the ability to film meetings to be shown on the Governmental Access Channel; therefore, an agreement was negotiated with the City for Vision Cable to provide the equipment for government access as listed in Exhibit A with the condition that if additional equipment is needed, the subscriber should pay for this equipment at a one- time charge not to exceed $5.00. Commissioner Barone recommended postponement of this item until Staff has discussed this matter with the City. Attorney Rountree reported Cable Vision cannot move forward with the Governmental Access Channel until the County determines its intended use of the equipment. County Attorney Copley recommended acceptance of the equipment being offered by Vision Cable. Motion: After discussion of no desire to pass a one-time $5.00 fee to the subscribers, Commissioner Barone MOVED, SECONDED by Commissioner Sisson to accept only the equipment being offered by Vision Cable for the Governmental Access Channel. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 794 ADOPTION OF RESOLUTION TO SUPPORT CONNECTION OF INTERSTATE 73 FROM DETROIT, MICHIGAN TO CHARLESTON, SOUTH CAROLINA, TO INCLUDE EASTERN NORTH CAROLINA Assistant County Manager, Dave Weaver, recommended adoption of a resolution to support a plan to develop Interstate 73 to connect Detroit, Michigan, with Charleston, South Carolina, with a request to re-route 1-73 more easterly through eastern North Carolina. The City Council will be requested to adopt a similar resolution. Chairman Greer recommended inserting the word, "Michigan" after Detroit in paragraph one of the resolution. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the resolution with the insertion of the word, "Michigan", as recommended by Chairman Greer. 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 XXI, Page 23. BREAK Chairman Greer called a break from 8:04 P.M. until 8:20 P.M. APPROVAL OF BUDGET AMENDMENT #94-0077 TO PROVIDE ADDITIONAL FURNITURE FOR JUDGES IN THE JUDICIAL BUILDING Motion: Commissioner Barone commented on the expensive furniture being purchased, such as $575 for a desk chair, and MOVED to provide $1,500 for furnishings instead of the $3,095 requested. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Motion: Caster to $3,095 to Building. Vice-Chairman Mathews MOVED, SECONDED by Commissioner approve the following Budget Amendment in the amount of purchase furniture for several offices in the Judicial The floor was opened for discussion. Commissioner Sisson inquired as to the expense for individual furnishings and stated, perhaps, these items could be purchased more cheaply. Vice-Chairman Mathews stated the furniture is expensive, but offices for Judges are nicely furnished and, in his opinion, the furniture should not be down-graded. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone 94-0077 Non-Departmental/Courts/Judges Debit Credit Non-Departmental Contingencies $3,095 Courts/Judqes Contributions $3,095 PUBLIC HEARING TO CONSIDER A ZONING AMENDMENT FOR ESTABLISHMENT OF A 12-MONTH AMORTIZATION PERIOD FOR NON-CONFORMING ADULT ENTERTAINMENT ESTABLISHMENTS (A-252, 9/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board enthusiastically supported the establishment of a 12-month amortization period for non-conforming adult entertainment establishments. Discussion was held on a 6-month amortization NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 795 period, which could be extended by an additional 6 months upon request; however, it was felt the 12-month amortization period was more practical. Discussion was also held on requiring a specific privilege license for adult uses. Currently, such uses are issued privilege licenses based on a general commercial category. The Planning Board also requested such uses to erect signs identifying the use as an adult entertainment establishment. Staff advised the Planning Board that issues of this type must be reviewed by the County Attorney's office. After a review by the Legal Department, it appears the County has a right to adopt an amortization clause for adult uses. Staff recommends approval of the proposal using the following language in place of the language offered by the applicant: Staff's Proposal: Add Section 69-16 Adult Entertainment Establishment: Any adult entertainment establishment as defined herein which does not comply with the requirements of this ordinance shall be discontinued or made conforming within twelve months from the effective date of this amendment. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Attorney Joe Rhine, representing the applicant, commented on the existing ordinance and reported on the need to amortize Adult Entertainment Establishments. The purpose of the proposed Text Amendment is to place these types of establishments 1,000 feet from any surrounding neighborhood. Additional background information was presented on the adult book store, Carolina Video, which has become a problem to surrounding neighborhoods by attracting a criminal element, downgrading the area, and discouraging future development. It was not until 1989 that the non-conforming use was discovered and the County became aware that Carolina Video was selling sexually explicit videos. The proposed twelve-month amortization period will provide a sufficient amount of time to allow Carolina Video to stop renting sexually explicit videos and become a conforming use or move to another location without a substantial loss of income since the company does not own the building. Emphasis was placed on the need to protect the children and the surrounding neighborhoods from the drug users and derelicts that are attracted to this site and display unacceptable behavior. Ms. Dottie Mayes, speaking as a concerned parent, presented pictures of debris and materials that have been found in the yards of surrounding neighborhoods as well as the unacceptable behavior seen by many people. The Commissioners were urged to approve the proposed Text Amendment, and a petition of 600 signatures was presented in support of the 12-month amortization period. Lt. Sid Causey, a member of the Vice-Narcotics Squad of the Sheriff's Department, reported on August 3, 1993, a search warrant was issued and photographs were taken of the entrance to the facili ty, which at first appeared to be a legitimate facility; however, in the back there was an array of sexually explicit materials, including a gambling machine. Due to a technical error in the search warrant, no charges could be made. pictures were presented on the debris found outside of the facility and roofing materials that have been illegally dumped in the back of the building. Ms. Mable Pinner, a resident living on the dirt road beside the store, expressed embarrassment for the things seen and urged the Commissioners to adopt the Text Amendment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 796 Chairman Greer closed the Public Hearing. Chairman Greer inquired as to whether the County can legally focus and pursue action that will close a particular business? County Attorney Copley reported Carolina Video has been used as an example as to why the ordinance should be amended. The Text Amendment would apply to all adult entertainment establishments. Planning Director Hayes reported without an amortization period, the use will continue since it is grand fathered in. Chairman Greer expressed concern for putting this person out of business when adult entertainment establishments are legal in New Hanover County and throughout the country. Attorney James Lee, III, the applicant, reported on the difficulty in prosecuting an obscenity case because of the "beyond a reasonable doubt" standard. The Sheriff's Department is frustrated with these types of organizations, and other local governments throughout the state and country are asking for placement of adult entertainment establishments in appropriate locations. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the Text Amendment as presented with the 12-month amortization period for non-conforming adult entertainment establishments. The floor was opened for discussion. Commissioner Sisson reported when this use was being considered by the County Planning Board, he was a member of the Planning Board, and at that time, the owner of the store swore this was a legitimate book store with no pornographic materials, which obviously was not true. In his opinion, the character of a person must be considered as well as the negative impact on surrounding neighborhoods. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 23. Discussion was held materials. County Manager matter and enforce the Ordinance. on the illegal dumping of roofing O'Neal was requested to investigate this citations as outlined in the Litter PUBLIC HEARING TO CONSIDER A REQUEST TO REVISE THE MASTER PLAN FOR LANDFALL BY ADDING A DRIVEWAY ON THE EAST SIDE OF MILITARY CUT-OFF ROAD NORTH OF DRYSDALE DRIVE (Z-198, 10/84; 10/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to deny the applicant's request to revise the Master Plan for Landfall by adding a driveway on the east side of Military Cut-Off Road. The Planning Board felt the original design for the proj ect should not be altered because an additional driveway connection would increase traffic safety problems along Military Cut-Off Road. There have been no changes to the Master NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 797 Plan since 1987. If this request lS approved, the door will be opened to other similar requests. vice-Chairman Mathews expressed concern for one access to the si te and reported when reviewing the request, he contacted the Director of Emergency Management, Dan Summers, for his observations relative to access for emergency vehicles. Mr. Summers was requested to present his findings. Director Summers reported the following items were observed from an emergency vehicle access point of view: 1) There lS concern for the turning radius coming off of Drysdale Drive with the raised median; however, Staff has been informed a rolled curb median will be installed. This will help to relieve the situation presently, but as fire trucks continue to become larger, the problem will not be solved. 2) A second access from Military Cut-Off Road would greatly benefit emergency vehicle access; however, the fire code does allow one access for a site as administered by the Fire Marshal's office. In his opinion, two accesses are always better than one for emergency vehicles. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Lanny Wilson, on behalf of the Wilson family and Wilson Supermarkets, presented a schematic sketch and site plan of the proposed facility at the Landfall Shopping Center. The proposed building should enhance the area, and the size of the store has been increased from 35,000 square feet to 40,000 square feet to accommodate the addition of a food court. When the first plan was presented, the company did not fully anticipate the problems that would be experienced with a single egress. For the safety of the area, another entrance is needed in order to accommodate the high volume of customers and the number of large trucks that will service the store daily. It was never Wilson's intent to mislead anyone, but an error was made in planning for which the company is now seeking relief. Also, when the property was purchased, the company had no idea of how large the retention pond would have to be designed to meet State requirements. With construction of a retention pond of this size, drainage for the entire area will be improved. Discussion was held on the private road along the side of the site and possible modification of this road. Mr. Wilson reported the owner of the property has denied access because he is the owner of the Food Lion site. Commissioner Sisson reported the road is included in the site plan which is under the Planned Unit Development; therefore, this road can be modified. Mr. Phil Norris, representing Andrew & Kuske Consulting Engineers, Inc., commented on adequate access for the site plan and reported the original Planned Unit Development has several access points on the Military Cut-Off Road. The properties between Drysdale and Eastwood Road have 250 feet curb cuts. The proposed driveway will be approximately 286 feet from Drysdale, which will allow for better traffic circulation, provide for better egress and ingress, and enhance emergency vehicle access. Andrew & Kuske will be glad to work with the N. C. Department of Transportation in developing the access. Commissioner Sisson expressed grave concern for traffic safety and inquired as to how persons driving south on Military Cut-Off Road will be stopped from making left-hand turns across Military Cut-Off Road to the proposed driveway in lieu of turning at the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 798 Drysdale access? Also, vehicles coming from the south at the Military Cut-Off Road/Eastwood Road intersection are traveling at 55 miles per hour with five lanes quickly reverting into two lanes at the end of the Landfall Shopping Center. Mr. Hardy R. Parker, who lives 400 feet north of the access point, reported on the drag race among vehicles when merging into two lanes at the end of the shopping center and stated several accidents have occurred. In his opinion, this is a very dangerous place for a driveway access. Ms. Mildred Harris, a concerned citizen, presented and read a summary of the minutes from the following meetings to be included in the record: (1) July 2, 1992, Planning Board meeting; (2) August 4, 1992, Board of County Commissioners meeting; (3) August 25, 1992, Zoning Board of Adjustment meeting; and (4) October 5, 1992, Board of County Commissioners meeting. It is obvious that the Board of County Commissioners who heard this case last year relied on Wilson's promises and the site plan when granting the concessions. with the exception of creating new jobs, everyone of Wilson's promises has been directly contradicted by their actions. On the site today, you will find no trees for the first hundred feet, with only 35 pine trees on the next 200 feet. The Planning Board was informed a month ago that the proposed road is not an entrance to the property but is being provided for CP&L to reach its fiber optic box on the adjoining lot. This utility has been in place for several years. The Planning Board was also informed that the size of the building had increased from 35,000 square feet to 40,000 square feet. A year ago, access from Drysdale Drive was adequate. The following promises were made voluntarily by Wilson's: (1) the project would not increase impervious surfaces; (2) all trees in a 30 foot wide buffer along Military Cut-Off Road would be retained; and (3) only one access would be needed, an access from Drysdale Drive. By removing the Special Highway Overlay District, the Commissioners gave up control in exchange for promises. Is the petitioner's disregard for the commitments made to be rewarded by additional concessions from the County this year? Mr. Norris reported impervious surfaces are designed according to State regulations. The trees on the right-of-way were flagged and retained. The trees in the parking lot and building have been removed. An error was made in not requesting an additional access point; therefore, the petitioner is asking for a modification to the Master Plan for Landfall by adding a driveway on the east side of Military Cut-Off Road. Mr. Wilson reported the trees were retained as submitted on the site plan. The increase in the size of the retention pond is for the benefit of the entire County and is in compliance with State regulations. Wilson's has been involved in the community since 1919 and the company has never intentionally not fulfilled any promises. A mistake was made in planning the project, and the Commissioners are requested to provide some form of relief. Assistant County Manager, Dave Weaver, reported after discussion with the Fire Marshal, two access points for the development should be provided for fire protection; however, there are other options: (1) when the east side zoned 0&1 is developed, cuts can be required in the back at this time; and (2) there is an existing Southern Bell easement that could remain minimally landscaped with low shrubs and flowers for use as an emergency access. A rolled curb would be installed in order to allow emergency vehicles coming up and down Military Cut-Off Road to cross over this minimal landscaping and use this easement as an additional access. Commissioner Sisson commented on creating an unsafe situation and stated this is a dangerous road because one-fourth of a mile occurs before the lanes merge into two lanes with traffic traveling at 55 miles per hour. This road is the major truck route to the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 799 State Port, and the only way to increase safety is to prevent left turns crossing Military Cut-Off Road and extend the acceleration lane to accommodate tractor/trailer trucks in building up speed when leaving the site. As to emergency access, the option for using a rolled curb with minimal landscaping along the easement can be used. He urged the Board to table this item until each Commissioner can visit the site and see the existing traffic problems. A lengthy discussion acceleration lane. Planning the acceleration lane will Transportation. was held on the length of the Director Hayes reported the length of be determined by the Department of Director of Emergency Management, Dan Summers, recommended designing any curbing or restrictions in a manner that will allow emergency vehicles to use the entrance from any direction. Emphasis was placed on the need to have adequate working space for the shuttling of water into the facility if a catastrophic fire should occur. Two access points would be beneficial, and in his opinion, the Zoning Ordinance should be reviewed for the provision of more than one access in a shopping center of this size. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to modify the existing Master Plan by adding the driveway entrance on the east side of Military Cut-Off Road north of Drysdale Drive contingent upon the following conditions: (1) DOT approval for the driveway permit; (2) an acceleration lane north designed for right-in and right-out turns only; and (3) require curbing or restrictions that will allow fire apparatus to use the entrance from any direction. The floor was opened for discussion. Commissioner Caster inquired as to how the County can be assured safety concerns are met? Planning Director Hayes reported the Department of Transportation has established standards for establishing an acceleration lane and will be responsible for the safety factors involved. Commissioner Sisson, again, expressed grave concern for public safety with an additional driveway entrance at this location. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson A copy of the report presented by Ms. Mildred Harris lS on file in the Clerk's office. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE NORTHWEST SIDE OF MARKET STREET NORTH OF GORDON ROAD FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-484, 10/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the applicant's request to rezone the property from R-15 Residential to B-2 Business and to include the balance of Parcel B (property owned by David Green) to avoid surrounding it with commercial zoning. No opposition was present at the Planning Board meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 800 Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Robert Stukes, Sr., a co-owner of the property, reported Mr. Green has no opposition to inclusion of his property in the rezoning petition. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve rezoning property on the Northwest side of Market Street north of Gordon Road from R-15 Residential to B-2 Business including Parcel B 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 52. PUBLIC HEARING TO CONSIDER A REQUEST TO ESTABLISH A WATER SUPPLY WATERSHED OVERLAY ZONING DISTRICT FOR THE TOOMER'S CREEK WATERSHED AS REQUIRED BY STATE LAW (Z-485, 10/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported with enactment of the Water Supply Watershed Protection Act, counties across the State are required to adopt local water supply watershed ordinances and companion management plans. The ordinances and plans must be adopted by January 1, 1994. The purpose of the Watershed Protection Act is to establish local regulations that preserve, protect and enhance known surface water supplies from intense development, stormwater run-off and hazardous materials spills which could impair drinking water quality. The County has only one water supply watershed ln jurisdiction, Toomer's Creek, which is located adjacent to the Fear River south of Sutton Lake. After review and study, Planning Board voted unanimously to adopt the proposed addition as recommended by the Planning Staff. its Cape the text 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 Sisson MOVED, SECONDED by Commissioner Caster to adopt the proposed text addition establishing a Water Supply Watershed Overlay Zoning District for the Toomer's Creek Watershed. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969", is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 23. Planning Director Hayes requested adoption of a map defining the boundary for the Watershed Overlay District. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve a map outlining the boundaries of the Watershed Overlay District. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 801 A copy of the map is on file ln the Planning Department. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to hold a Regular Meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 10:40 P.M. Motion: Vice-Chairman Barone MOVED, SECONDED by Chairman Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 11:05 P.M. ADDITIONAL ITEMS RESULTS OF PUBLIC OPINION SURVEY CONDUCTED BY THE STRATEGIC PLANNING COUNCIL Assistant to the County Manager, Pat Melvin, reported 1,200 persons responded to the Public Opinion Survey out of 10,000 surveys mailed. The next step in the process is to involve the respondents in the survey results. Over 400 persons would like to participate in reviewing the survey results. The Commissioners were requested to make the document public in order to proceed with this process. Dr. David Bejour congratulated and expressed appreciation to the Board of County Commissioners and members of the Strategic Planning Council for conducting the survey. Special appreciation was expressed to Pat Melvin for her assistance and outstanding effort given to work with the Strategic Planning Council. The information received from the survey is most informative and the confidence factor is approximately 95%. The Council will continue to work with Pat Melvin and hopefully, the media will not misuse the report. Consensus: It was the consensus of the Board to authorize the Strategic Planning Council to release the survey results to the general public. Chairman Greer, on behalf of the Board, expressed appreciation to Dr. Bejour, Pat Melvin, and the members of the Council for the time and effort given to prepare the survey and analyze the results. DISCUSSION OF FIRE PROTECTION FOR INDUSTRY LOCATED ON U.S. HIGHWAY 421 NORTH Commissioner Sisson announced a meeting has been scheduled with the representatives of industry on Highway 421 North to discuss fire protection needs for this area. Unfortunately, problems have been experienced with the Wrightsboro Volunteer Fire Department because they are using their own radio network instead of the 911 dispatch to fire destinations. This non-cooperative attitude has created a negative feeling among the other Volunteer Fire Departments trying to cover this area. Commissioner Sisson requested authorization to call the meeting with industry representatives to discuss fire protection for North Wilmington. Chairman Greer recommended considering the possibility of contracting with the City for fire protection of this area. Consensus: It was the consensus of the Board for Commissioner Sisson to meet with representatives of industry in the North Wilmington Fire District to discuss fire protection. A report will be forwarded to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 1, 1993 BOOK 23 PAGE 802 DISCUSSION OF SPECIAL RECOGNITION FOR VOLUNTEERS WHO PREPARED THE LAND USE PLAN UPDATE Vice-Chairman Mathews announced he had called Ken Shanklin, Chairman of the New Hanover County Planning Board, to request a list of persons who voluntarily gave many hours of their time to prepare the Land Use Plan Update. In his opinion, special recognition should be given to these outstanding volunteers. Consensus: After a discussion of the persons and groups to be recognized, it was the consensus of the Board to wait until a list is received from Mr. Shanklin before proceeding with this matter. ADJOURNMENT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 11:45 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board