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HomeMy WebLinkAbout2001-04-02 Regular Meeting MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 504 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 2, 2001, at 5:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. INVOCATION AND PLEDGE OF ALLEGIANCE County Manager Allen O’Neal gave the invocation. Commissioner William A. Caster led the audience in the Pledge of Allegiance to the Flag. Continuance of Public Hearing to Consider a Request by Inlet Watch Homeowners Association to Rezone 5 Acres of Property Owned by Phillip Byrnes Located at 7200 Carolina Beach Road in Front of Inlet Watch Subdivision from B-1 Neighborhood Business to R-15 Residential (Z-723 - 03/01) Chairman Davis announced that Attorney Matthew A. Nichols, representing Philip Byrnes, and Randy Smith, President of Inlet Watch Homeowners Association, have requested continuance of this item for 60 days. Consensus: It was the consensus of the Board to continue the Public Hearing for 60 days. This item will be placed on the June 4, 2001 Agenda. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove a Consent Agenda Item. After hearing no comments, Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes for the following meetings as presented by the Clerk to the Board: Regular MeetingMarch 12, 2001 Closed SessionMarch 12, 2001 Regular MeetingMarch 26, 2001 Authorization for County Participation in the “Fit Analysis Pilot Project for a New Comprehensive Tax Software System The Commissioners authorized the IT Department and Tax Department to participate in the Fit Analysis Project being piloted in Wake County for developing a new comprehensive tax software system. The cost for participating is $10,000 which is available in the current Tax Department Budget. The Chairman was authorized to execute the agreement for consulting services. Intelligent Information Systems, Inc. will conduct the Fit Analysis Project in conjunction with Wake County, the North Carolina Association of County Commissioners, and New Hanover County. The system developed by Wake County can be tailored to meet specific needs of the user county. A copy of the agreement is on file in the Legal Department. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 505 Approval of Budget Amendment #2001-37Hazard Mitigation Acquisition and Relocation - Grant The Commissioners approved the following budget amendment: BUDGET AMENDMENT #2001-37-Planning ADJUSTMENTDEBITCREDIT HMGP-Federal$475,650 HMGP-State$450,000 Capital Project Expense$925,650 Explanation: To establish a budget for the second Hazard Mitigation Acquisition and Relocation Grant awarded to the Planning Department. The Board of County Commissioners granted permission to apply for the grant at the February 5, 2001 meeting. Approval of Budget Amendment #2001-38-Federal Forfeited Property Capital Project The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Federal Forfeited Property$5,691 Capital Project Expense$5,691 Explanation: To increase the budget for additional revenue received on March 19, 2001. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. PRESENTATION AND UPDATE ON CAPE FEAR RESOURCE CONSERVATION AND DEVELOPMENT ACTIVITIES Mr. Greg Walker, Executive Director of Cape Fear Resources Conservation and Development Inc., expressed appreciation for an opportunity to appear before the Board and present a report on the following activities of the agency: •Hurricane Floyd Efforts: At the request of the U. S. Department of Agriculture, a great deal of time was spent during the past year to assist citizens with recovering from Hurricane Floyd. This has been a major priority and many of the issues have been resolved. •Pine Valley Stream Bank Stabilization Project: For the past two years, grants in the amount of $25,000 have been appropriated by the N. C. General Assembly to Cape Fear Resource Conservation and Development, Inc. to use as seed money for projects. In New Hanover County some of these funds have been used for a stream bank stabilization project at the Pine Valley County Club. This project has been extremely successful and the N. C. Wetland Restoration Program is now reviewing a larger project to better stabilize the stream. •Carolina Beach Sea Oats Planting Project: In 2001, Cape Fear Resource Conservation and Development, Inc. will work with the Town of Carolina Beach for development of a $10,000 demonstration project for planting sea oats to stabilize the materials pumped on the shore from the last beach renourishment project. •Drainage Project for Chloride Systems in Pender County Industrial Park: After flooding occurred two times during recent hurricanes, a flood wall was designed and placed around Chloride Systems in Burgaw, North Carolina, to keep this company from moving out of the region. Through a cooperative effort with the Corps of Engineers, Pender County, the Industrial Development Committee, and Cape Fear Resource Conservation and Development, Inc., this project was designed and completed in 30 days which saved at least 200 jobs in Pender County and surrounding areas. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 506 •Animal Waste Management Project: Phase II of an animal waste project has just been completed. Methods are being developed in Southeastern North Carolina to use animal waste to produce heat, electricity and steam. The ash will be concentrated to export nutrients out of the region for development of a fertilizer product. A presentation will be presented to the N. C. Department of Environment and Natural Resources on these new methods to better manage disposal of animal waste. •Snow’s Cut River Bank Stabilization Project: A State grant was received for stabilization of the river bank at Snow’s Cut; however, due to the Hurricane Floyd relief effort, the State withdrew the grant. Since that time, grant funds have been reinstated, and design work has been performed and analyzed. After measuring the wave action at high tide and low tide, the Corps of Engineers and County Staff have decided to rethink the way to proceed with the project. In concluding the report, Mr. Walker offered to answer any questions. Commissioner Caster noted that as a member of the Tidal Creek Watershed Management Advisory Board, he could attest to the success of the Pine Valley Stream Bank Stabilization Project. He also referenced the Snow’s Cut Project and stated that currents and wave action are much greater than originally predicted. This has complicated the project and ample time is needed to study the correct method to use in making this a successful stabilization effort. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Walker for an informative status report. ADOPTION OF PROCLAMATION NAMING APRIL 2001 AS “CHILD ABUSE PREVENTION MONTH” Ms. Wanda Neidig, Assistant Director of Social Services, requested the Chairman to read and adopt a proclamation in recognition of the community effort to obliterate child abuse. Motion: Commissioner Caster MOVED, SECONDED by Chairman Davis, to adopt the April 2001 as Child Abuse Prevention Month proclamation declaring in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis, on behalf of the Board, presented the proclamation to Ms. Neidig and expressed appreciation to the Department of Social Services for the effort given to eliminate child abuse. Commissioner Pritchett announced that the members of the Board and Staff were wearing the blue ribbons in recognition of Child Abuse Prevention Month. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 26. DENIAL OF REQUEST TO RENAME MARKET STREET TO REVEREND DR. MARTIN LUTHER KING BOULEVARD Mr. James R. Fullwood, President of the Gamma Kappa Lambda Chapter of Alpha Phi Alpha Fraternity, Inc., stated on behalf of 250,000 Alphas worldwide, he would like to express appreciation to the Board for responding with an invitation to address the subject of changing the name of Market Street to Reverend Dr. Martin Luther King Boulevard. For a number of years, this Fraternity has pondered over the question as to why the City and County have failed to take the initiative to name a street after the late Civil Rights leader. With that question in mind, the Fraternity decided to issue a challenge as of January 14 and 15, 2001 at a county-wide function. It is believed that changing the name of Market Street or Smith Creek Parkway to Reverend Dr. Martin Luther King Boulevard would be most appropriate. As noted in the March 12, 2001 communique, Dr. King was not an advocate just for the Black Community, he was an advocate for all mankind. Therefore, naming a side street in Wilmington for him would not bestow the appropriate honor. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 507 th In August 1956, while addressing the 50 Anniversary Convention of Alpha Phi Alpha Fraternity, Inc., Dr. King made these comments: “Whatever you are doing consider it as something having cosmic significance, as it is a part of the uplifting of humanity. No matter what it is, no matter how small you think it is, do it right. As someone said, do it so well that the living, dead or the unborn could do it no better. If your son grows up to be a street cleaner, sweep streets the way Michelangelo painted pictures, sweep streets like Beethoven composed music, sweep streets like Shakespeare wrote poetry, sweep streets so well that all the hosts of heaven and earth will have to pause and say, here lived a great street sweeper who swept his job well. If you can’t be a pine on the top of the hill, be a shrub on the side, but be the best shrub on the side of the hill. Be a bush if you can’t be a tree; if you can’t be a highway, be a trail; if you can’t be the sun, be a star. It isn’t by size that you win or you fail. Be the best of whatever you are and that is the second challenge.” Mr. Fullwood advised that a challenge is laborious and difficult at times because all issues of the community must be considered. The Alpha Phi Alpha Fraternity was born in 1906 and this Fraternity has a legacy of doing the right thing. Alpha Phi Alpha does not speak for New Hanover County, the State of North Carolina, or the United States, but the Fraternity must speak to the conscience of what it believes is the right thing to do. In closing, Mr. Fullwood suggested that as the Board considers changing the name of Market Street or Smith Creek Parkway to Reverend Dr. Martin Luther King Boulevard, consider it as something having cosmic significance as it is a part of uplifting humanity. It is in the name of the Gamma Kappa Lambda Chapter of Alpha Phi Alpha Fraternity, Inc. and the spirit of Reverend Dr. Martin Luther King, Jr. that this request is submitted. Mr. Fullwood presented a copy of his message to Chairman Davis. Chairman Davis requested the Clerk to include the copy of Mr. Fullwood’s message as part of the presentation. Chairman Davis explained that renaming Market Street to Reverend Dr. Martin Luther King Boulevard or Smith Creek Parkway was an item that should be placed on the agenda and advertised in the newspaper; therefore, it would not be appropriate for the Board to consider any renaming without notification and input from the public. Chairman Davis informed persons attending the meeting that since he had allowed Mr. Fullwood to make the presentation, he would allow one person to speak in opposition. Ms. Margaret Moore Purdue expressed appreciation to Mr. Fullwood for his remarks and stated that she had no bias about naming a parkway for Dr. Martin Luther King. She advised that she was speaking on behalf of the Historic Society and her decreased father, Louis T. Moore, who was one of the original founders and Secretary of the Lower Cape Fear Historic Society. Concern was expressed for misusing New Hanover County’s historical heritage to accommodate political concerns by renaming Market Street, one of the original thoroughfares in the City of Wilmington. Ms. Purdue noted that according to records in the New Hanover County Library, in 1932, her father, Louis T. Moore, contacted the Lord Mayor of Liverpool, England since Wilmington was originally called New Liverpool, seeking help in tracing the naming of some of Wilmington’s earliest streets. Wilmington was incorporated in 1739 and 30 years later, it was still a small village consisting of the following streets: Front Street, Second Street, Princess Street, Market Street, and Dock Street. Further information from England showed similarities from Brunswick Street to Queen Street. There are many historic landmarks on Market Street such as the temporary headquarters for Lord Cornwallis during the revolution; St. James Church; First Baptist Church, Bellamy Mansion; and the Cape Fear Museum. Market Street has been a historic street since the early 1700s. In closing, Ms. Purdue requested the Commissioners to consider the historic significance of Market Street and retain its name. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 508 Chairman Davis asked if any members of the Board would like to comment. Motion: After discussion of this being a historic street, Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to deny renaming Market Street to Dr. Martin Luther King Boulevard. Commissioner Pritchett emphasized the importance of everyone understanding that because Market Street is a historic part of original Wilmington, this road should never be renamed for any person and stated that denial of this request was not intended as discrimination against Dr. King. Vice-Chairman Greer referenced the number of businesses located on Market Street and expressed concern for the economic hardship placed on these establishments with a change in the street name. Chairman Davis spoke on the many fine contributions made by Reverend Martin Luther King as an instrumental leader in the Civil Rights movement and stated that he had a problem with renaming Market Street because of its historic meaning and the number of businesses located on the street. A few years ago, a request was made to rename South College Road to University Boulevard, and the Commissioners in office at the time denied the request because of the inconvenience to businesses located on the road. After hearing no further discussion, Chairman Davis called for a vote on the motion to deny the request to rename Market Street to Dr. Martin Luther King Boulevard. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis expressed appreciation to Mr. Fullwood for bringing this matter to the attention of the Board and stated if the Fraternity or another group would like to request naming another street, this item could be placed on a future agenda for the Board to review. Commissioner Boseman also expressed appreciation to Mr. Fullwood for making the request and stated that Dr. King was an inspiration to millions of people. She informed Mr. Fullwood that she would consider naming Smith Creek Parkway after Dr. Martin Luther King. ADOPTION OF PROCLAMATION PROCLAIMING APRIL 16-30, 2001 AS “LITTER SWEEP” IN NEW HANOVER COUNTY Chairman Davis read a proclamation designating April 16-30, 2001 as “Litter Sweep” in New Hanover County and he encouraged all citizens to take an active role in cleaning up the county. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the proclamation designating April 16-30, 2001 as Litter Sweep 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 XXVI, Page 26. ADOPTION OF PROCLAMATION DECLARING THE WEEK OF APRIL 8 2001 AS “TELECOMMUNICATORS WEEK” IN NEW HANOVER COUNTY County Manager O’Neal requested the Board to adopt a proclamation declaring National Telecommunicators Week in New Hanover County. On behalf of the Board, Chairman Davis read the proclamation and called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt a proclamation declaring the week of April 8, 2001 as “Telecommunicators Week” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 509 Colonel Steve Smith spoke on the outstanding job performed by the Telecommunicators and he requested Nancy Moore and Debra Caldwell to step forward to receive the proclamation. Chairman Davis, on behalf of the Board, presented the proclamation to Ms. Moore and Ms. Caldwell and expressed appreciation to them for the quality of service provided to the community by the 911 Center. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 26. CLARIFICATION OF LAND USE PLAN AMENDMENT Staff Planner Baird Stewart reported that the Coastal Resources Commission has conditionally approved the County’s proposed Policies for regulating Marinas and Community Boating Facilities. The Commission has asked the County to clarify the wording of Policy 4.8 so that it will be applicable only within the County’s jurisdiction. Since the Board has previously approved this policy in substance, the State has said that no public hearing is required for this clarification. The modified wording of Policy 4.8 reads as follows: Marinas shall not be allowed in Primary Nursery Areas (PNA), Outstanding Resource except within the Waters (ORW) or open Shell fishing Waters (SA), unincorporated County where this limitation applies only to Commercial Marinas. Moorings and mooring fields shall not be allowed where they may have an adverse effect on navigation channels. Pump out facilities shall be required for existing marinas which have boats containing except within the unincorporated County where this enclosed heads, requirement applies only to Commercial Marinas. Chairman Davis asked if any member of the Board would like to comment. After hearing no comments, he called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the revised wording of Policy 4.8 for regulating Marinas and Community Boating Facilities as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 26. WAIVER OF TIP FEE FOR STREET FAIR AND AZALEA FESTIVAL PARADE County Manager O’Neal requested the Board to waive the tip fee for debris picked up from the street fair and parade event. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to waive the tip fee for debris removed after the street fair and Azalea Festival Parade. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Davis announced that normally this part of the agenda was not heard until after the Public Hearing; however, due to being ahead of time, he would ask if anyone from the public would like to present an item that is not listed on the regular agenda. No comments or items were presented. Chairman Davis announced that Public Hearings would not begin until 6:30 P.M. and noted that the first Public Hearing was a request to rezone 23.58 acres of property located in the 3100 MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 510 Block of Middle Sound Loop Road at Demarest Village. He commented on this being an extremely emotional issue for people opposed to or in favor of the rezoning, and he requested every speaker to be respectful of each other and follow the regulations adopted by the Board of County Commissioners. The petitioner and persons in favor of the rezoning will be allowed 10 minutes to present evidence in support of the rezoning, and the opposition will be allowed 10 minutes to speak. With the number of persons signed up to present comments, it would be advisable for each group during the break to determine which individuals should speak, and each person should concentrate on not presenting redundant information. The County Commissioners have received a tremendous amount of information from the petitioner and opponents through countless faxes, letters, and phone calls. Each member of the Board is familiar with the rezoning request, and it is the desire of the Board to hold a fair hearing with the final decision being made based upon the evidence and findings presented. Commissioner Caster agreed with the statements made by Chairman Davis and he requested each speaker to adhere to the rules so everyone will have a fair opportunity to present the evidence. BREAK Chairman Davis called a break from 6:15 P.M. until 6:30 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY INLAND PROPERTIES, LLC TO REZONE 23.58 ACRES LOCATED IN THE 3100 BLOCK OF MIDDLE SOUND LOOP ROAD AT DEMAREST VILLAGE FROM R-20 RESIDENTIAL TO CD (R-15) CONDITIONAL USE R-15 AND CD (B-1) CONDITIONAL USE NEIGHBORHOOD BUSINESS (Z-722, 03/01) Chairman Davis opened the Public Hearing and announced that a conditional use zoning requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Baird Stewart Mark Savlnier Bruce DesChamps Robert A. Parr Pat Bellamy John Morrisey Jim Little Tom Landis Curtis Wright Joe Taylor Scott Stewart John K. Klein Buck O’Shields Gary K. Shipman Wayne L. Nutt William McKenzie John Bauerlein Roy Gault Joe Owen Caroline Baldwin George Barbour Staff Planner Baird Stewart advised that the proposed request was for a Conditional Use R-15 and Conditional Use B-1 rezoning from R-20. The conditional use process requires two motions, one for the rezoning and the other for the Special Use Permit. The subject property is located in the 3100 Block of Middle Sound Loop Road in front of Demarest Village. The property is classified Resource Protection to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County is one of the most urbanized counties in the State MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 511 which still contains numerous areas of environmental or cultural sensitivity that need protection from urban land uses. Slides were presented showing the location of the subject property, adjacent residential developments, the entrance to the development, the Country Day Care Center, views of Middle Pointe Subdivision and homes in Demarest Village. At the Planning Board meeting held on March 1, 2001, the petitioner’s attorney, Mr. Joseph Taylor, presented the rezoning request for the applicant. Several residents from the Middle Sound Community spoke in support of the rezoning request and several other residents spoke in opposition to the rezoning. The members of the Planning Board received multiple faxes and e-mails in support or in opposition to the rezoning. The Planning Board voted 7 to 0 to recommend approval of the Conditional Use rezoning with the conditions proposed by staff and petitioner. In 1970 when zoning in the Middle Sound area was established, most of the area was zoned R-15 Residential. During the early to mid 1980s, the Middle Sound Community experienced significant growth. The Middle Sound/Ogden Future Directions Plan was the result of a study that focused on the traffic, the environment, and the development that occurred at that time. The result of the recommendations proposed in the study was a mass rezoning of property in Middle Sound from R-15 Residential to R-20 and R-20S which was adopted in July 1988. The subject property is located on the border of the rezoning effort and is directly adjacent to an R-15 Residential District. In spite of the rezoning effort, Middle Sound, like other parts of the County, has experienced continued growth throughout the1990s and into 2000. With that growth and additional traffic, better land use solutions are needed. Developments surrounding the subject property include Providence, Demarest Landing, Middle Pointe, Timber Creek, Stoney Brook (R-15) and Baron Inlet, which were all developed under the R-20S zoning district guidelines that require a minimum lot size of 20,000 square feet per dwelling unit. The proposed conditional use site plan is consistent with the Traditional Neighborhood Style Development that has become a popular trend in the Planning, Landscape Architecture, and Architecture disciplines. If the property is developed under the current R-20 zoning, the subject property is permitted 45 residential units. Under the proposed R-15 rezoning, the property can accommodate 59 total units with a net increase of 14 dwelling units. Although the proposed zoning allows additional density, the petitioner has maintained 46 percent of the site as open space with a series of parks. In conjunction with the residential development, the applicant is requesting a Conditional Use Neighborhood Business rezoning and Special Use Permit to accommodate “Demarest Village Square” a 2-acre portion of the Demarest Village Master Plan which would accommodate small neighborhood scale services and shops built around plazas and courtyards. The Village Square portion of the site plan shows a membership swim club and six, two story buildings with a dormered third story. Buildings 1, 2 and 3 are part of the Residential District but would be utilized for residential and non-residential uses that are typically either permitted by right or by Special Use Permit within any R-15 Residential District. Any of these special uses would have to comply with any additional restrictions imposed on certain special uses within residential districts. Uses within the other three (3) buildings of the Village Square are also limited to certain uses. All buildings within the Village Square will be subject to the Demarest Village Homeowners Covenants and Restrictions, which includes architectural design controls including lighting and signage. The site plan layout and proposed uses are all part of the traditional neighborhood design concept which is an attempt to achieve a more desirable living environment than otherwise possible using current patterns of development. The applicant’s request to rezone this property to a combination of R-15 Residential and B-1 Neighborhood Business not only incorporates and enhances the Demarest Village Community, but it also embraces the entire Middle Sound Community. The proposed Village Square would provide an amenity for all residents within Middle Sound by providing goods and services that are not otherwise available without leaving the community and entering the commercial corridors along Market Street and Military Cut-Off Road. The petitioner’s traffic impact analysis suggests that the proposed Village Square will reduce the vehicle trips entering and leaving Middle Sound by MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 512 approximately 500 vehicle trips per day and will remove 1,680 vehicle trips per day from Market Street and Military Cut-Off Road. The petitioner has presented a list of conditions that could be incorporated into the conditions of the Special Use Permit. Among these conditions is a requirement that the petitioner will assist in assembling the required application and design services at no cost for an enhancement grant from the N. C. Department of Transportation (NCDOT) regarding sidewalk improvements on Middle Sound Loop Road from Ogden School to Demarest Village Square. The concept of introducing a neo-traditional neighborhood composed of a mixture of housing coupled with some light retail may prove to be a positive example for other traditional communities. This type of development also lends itself to less traffic congestion within the community and encourages more human interaction. Several sections and policies in the Comprehensive Plan recommend this type of development as a preferred style of land use. Based on the consistency with the Comprehensive Plan as well as the additional pedestrian facilities provided for the Middle Sound Community and the additional conditions proposed by the petitioner, Staff recommends approval. Chairman Davis referenced the Middle Sound Ogden Future Directions Plan adopted in the 1980s and noted that last year, a Comprehensive Land Use Plan was adopted by the City and County. He asked if the Comprehensive Land Use Plan would supercede the Middle Sound Ogden Future Directions Plan. Senior Planner Stewart responded that the Comprehensive Land Use Plan was developed in 1974 when the CAMA Act became effective. Updates to the Comprehensive Land Use Plan have been developed in 1976, 1981, 1986, 1993, and 1997. There are other community plans in Wrightsboro, Sea Breeze, Odgen, and Porters Neck. These plans have not been updated since being adopted; therefore, the Comprehensive Land Use Plan serves as the guiding policy. Chairman Davis asked if the proposed project was in compliance to the Land Use Plan. Senior Planner Stewart responded that the proposed project did comply to the Land Use Plan. Commissioner Boseman expressed concern about traffic and asked if Mr. Bill Austin would explain how the proposed project would decrease traffic. Mr. Bill Austin, Senior Transportation Planner, explained that the small shops and businesses located in the project would draw residents in the surrounding neighborhoods into the area in lieu of driving out to Market Street and Military Cut-Off Road to access services and shops. There is a potential to decrease the traffic on the out-going portions of Middle Sound Loop Road and surrounding roads as well as on Market Street. The project will be located well within the Middle Sound area and will be less likely to draw in traffic from the outside. Commissioner Boseman requested an explanation of the NCDOT enhancement grant. Mr. Austin responded that the Metropolitan Planning Organization would work with the developer on the enhancement grant. Discussion has been held about placing a round about at the school on Darden Road. After discussion with members of the NCDOT Traffic Operations group, they are supportive of a round about because it would alleviate congestion in this area. Commissioner Boseman asked if the road improvement was on the NCDOT plan. Mr. Austin responded that the NCDOT has reviewed the proposed round about; however, this is not a major thoroughfare. Maintenance and upgrade projects are handled by the NCDOT District and NCDOT Division Staff. The Division Engineer and Maintenance Engineer in Wilmington are fully aware of traffic concerns in the Middle Sound area, and they have forwarded the round about proposal to the NCDOT office in Raleigh, N. C. Commissioner Boseman asked if anything has been proposed to control the flooding on the corner of the road at Ogden. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 513 Mr. Austin responded that unfortunately he did not deal with drainage issues. Commissioner Caster requested Senior Planner Stewart to repeat the number regarding the reduction of vehicle trips per day with establishment of Demarest Village Square. Senior Planner Stewart responded that the number of reduced vehicle trips entering and leaving Middle Sound is approximately 500 trips per day with removal of 1,680 vehicles per day from Market Street and Military Cut-Off Road by internally recapturing vehicular circulation. Mr. Austin reported that he and the Traffic Operations Planner had reviewed the methodology used in projecting the figures and found it to be an acceptable procedure. Commissioner Caster referenced a letter from Walter M. Kulash, a Transportation Planner from Florida, who reviewed the reduction in trips per day and felt the findings were acceptable. He also referenced a letter from Mr. Robert Woods and read the following quote: “For or against the proposed rezoning, it is clear to me that there exists a roadway problem and a traffic road problem on Middle Sound Loop Road at the present time.” Commissioner Caster noted that in all correspondence received concern was expressed for existing traffic on a two-lane road no more than 18 feet wide. He urged Mr. Woods and the residents of Middle Sound Loop Road to write the NCDOT officials and State legislators, Representative Edd Nye and Patrick Ballantine about the need to improve Middle Sound Loop Road. Chairman Davis requested Senior Planner Stewart to read the findings of fact. Planner Stewart presented the following findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The subject property is located within the Ogden Volunteer Fire Department. B. The site is served by a community water system and county sewer. C.Stormwater management has been provided for the 25-year storm event. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A site plan which meets the requirements of the Zoning Ordinance has been submitted. B.Additional covenants and restrictions for the development apply to the Special Use Permit. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The proposed plan incorporates over 10 acres of parks and open space for use by the Middle Sound Community. B.The plan also adds desirable convenient neighborhood services within the community which may add value by recapturing vehicle trips and alleviating some traffic concerns. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 514 located and in general conformity with the plan of development of New Hanover County based upon the following findings: A.The proposed development style is consistent with other upscale neighborhoods within Middle Sound. B.The site is classified as Resource Protection by the Comprehensive Land Use Plan and is within the urban growth boundaries. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Within the urban services boundary, residential densities greater than 2.5 units per acre may be considered for exceptionally designed projects. The following Planning Staff conditions plus the 18 conditions proposed by the petitioner, including the Use Table, are to be incorporated into the building schedule and adhered to by the petitioner if this request is approved: •All of the conditions proposed by the applicant shall apply to the conditional use rezoning. •Uses within the development shall be restricted to the proposed list of uses and the specific buildings designated in the application for these uses. •The additional 14 dwelling units shall not be built until after the completion of Village Square. Chairman Davis asked if the petitioner or persons representing the petitioner would like to speak. Attorney Joe Taylor, representing the petitioner, introduce the Demarest Village Development Team comprised of Mr. Charles Meyer; Mr. Darrell Mills; Mr. Scott Stewart, Site Designer; Mr. John Klein, Civil Engineer; and John Bauerlein, Traffic Engineer. He advised that the purpose of the request was to complete the design of Demarest Village as a traditional neighborhood design or a mixed use development, commonly called Smart Growth. Attorney Taylor reported that the analysis of this project by the Planning Staff was extremely thorough and he urged the Board of County Commissioners to adopt the Staff findings as presented. Mr. Bill McKenzie, a recognized appraisal expert in the community, will testify that if the project is approved and built, it will not substantially injure the value of adjoining or abutting property owners. This is a true mixed use project that will complete the development area. The project will be consistent with other neighborhoods in the area, and the site is within the urban growth boundaries of the new Comprehensive Land Use Plan. The Middle Sound Plan was adopted in 1987 and is required to be updated every five years to remain effective. This plan has not been updated since its adoption; therefore, this plan has been superceded by the Comprehensive Land Use Plan in September 1999 and the ratification of the new joint Comprehensive Land Use Plan in November 1999. The new Comprehensive Land Use Plan recognizes the emergency situation of controlling traffic within the community. The new plan also recognizes mixed use development as a way to better control the traffic. The Demarest Village project is a true mixed use and it is in complete compliance with the Comprehensive Land Use Plan. Attorney Taylor stressed the importance of the neighbors and Commissioners understanding that the Demarest Village development is a good project. The neighbors have genuine concern for the neighborhood and the petitioners understand their position. Five neighborhood meetings have been held on the project and traffic is of concern; however, this is a small project with 14 additional residential units and a small mixed use commercial area. The neighbors are fearful that approval of the project will open the gate to uncontrollable commercial development in the area. In response to this fear, the proposed project will protect the neighborhood by providing needed services that are controlled by a homeowners association. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 515 In addressing the traffic issue, Attorney Taylor noted that John Bauerlein, an expert in traffic analysis, conducted the traffic study. He also referenced the letter from Walter Kulash the number one expert in the country in traffic and mixed use and read the following portion of his letter sent to the Planning Staff: “While the idea of new development that reduces traffic on some roads is still new and a puzzling concept to many, please be assured that this type of impact is frequently established in traffic impact analysis throughout the country and is regularly accepted by reviewing agencies as part of the development process. The field of transportation planning is no longer focused on the single solution of moving more traffic at a higher volume. Rather, much of our focus is now meant to reduce the travel generated and to shift travel away from the main arteries at peak periods. The Demarest Village project is a clear example of a project that accomplishes these objectives.” Attorney Taylor advised that the project does meet all the general requirements and it is fully permitted. The project will benefit the entire Middle Sound Community because this is a perfect example of a project envisioned under the new Comprehensive Land Use Plan. This tiny project will remove over 600,000 cars per year off of Market Street. It is the ultimate recycling invention that has been clearly established by all experts in the fields. Chairman Davis asked if any persons would like to speak in favor of the project. Mr. Buck O’Shields, a resident of 7448 Dunbar Road, requested all persons in favor of the project to hold up their green signs so they can be recognized by the Board of County Commissioners. He advised that as a 10-year resident of Middle Sound, he had watched with interest the development assembled by Scott Stewart, which is an outstanding project. It is difficult to believe that Mr. Stewart would bring anything into his or any other neighborhood that would be detrimental to adjacent properties or the area. Mr. Stewart’s request for change mirrors the Wilmington-New Hanover County CAMA Land Use Plan Update, which will serve as a guide for the County during the next 10 years. Recommendations within the proposed plan are new, but old in concept. The historic City of Wilmington represents mixed use. Some ideas seem to ebb with time only to be revitalized when environmental and economic conditions begin to once again support old ideas that make as good sense today as they did 50 or 100 years ago. Property owners who wish to develop plans under new ideas and visions promulgated by the community as a whole should be able to move forward without fear of rejection. There should be enough confidence that these ideas and plans, which require an extensive amount of time to prepare and hundreds of hours of debate in public meetings, will be supported by the elected officials. Mixed use will not lower property values; however, values are lowered by property owners and businesses that do not maintain their properties. After noting that the proposed project had met the necessary criteria, Mr. O’Shields requested the Board to approve the request. Mr. Joe Owen, a resident of 6628 Carmel Trail, spoke on living at Hilton Head Island approximately 15 years ago when mixed use zoning was discussed and finally approved. He noted that it was an extremely emotional issue with neighbor against neighbor; however, Hilton Head is now known as one of the most well zoned areas in the country and property values have increased on the entire island. In closing, Mr. Owen stated as a property owner now living in Middle Sound, he is also concerned about traffic in the area, but he feels that mixed zoning is an appropriate use for this area. Chairman Davis asked if any of the Commissioners had questions for any of the witnesses in favor of the request. After hearing no comments, Chairman Davis asked if any persons would like to speak in opposition to the rezoning request. Mr. Gary Shipman, an attorney, resident of Middle Sound, and speaker on behalf of hundreds of residents of Middle Sound who are opposed to this request, stressed the importance of the Board MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 516 of County Commissioners understanding what this debate is about. At first glance, this debate is not about the concept of mixed use but about whether the Board will permit rezoning in Middle Sound that will increase density. The Planning Staff and applicant have ignored the provisions of the newly adopted Comprehensive Land Use Plan. The proposed application is contrary to the expressed provisions of the Land Use Plan specifically for Middle Sound. The provision of the Comprehensive Land Use Plan adopted in 1999 provides that higher density should only be allowed where adequate infrastructure exists and where natural conditions will not be adversely affected. The applicant has not shown that adequate infrastructure exists, but he has presented a wish list on what he hopes the infrastructure will be; however, he acknowledges that the infrastructure for Middle Sound as it presently exists is inadequate. Mr. Shipman noted that part of the Comprehensive Land Use Plan adopted in 1999 has a document entitled, “Future Land Use of New Hanover County and Wilmington, North Carolina.” At the back of this document is a map entitled, “New Hanover County Future Land Use Scenarios” which specifically recognizes mixed use, but Middle Sound is classified as Neighborhood Residential, not Mixed Use. When the applicant states that the proposed application is consistent with the Land Use Plan, that statement belies the map that demonstrates land uses, which was adopted by the Board of County Commissioners and Wilmington City Council as part of the Comprehensive Land Use Plan through the year 2010. Because of inadequate infrastructure, the 1988 Middle Sound Plan was adopted by the Board of County Commissioners. Since no infrastructure improvements have been made in Middle Sound since that time, the current Board of County Commissioners adopted the Comprehensive Land Use Plan that supports mixed use as appropriate, but not in the Middle Sound area. To adopt the concept submitted by the applicant would be totally inconsistent with the land uses adopted by the Board of County Commissioners for Middle Sound. The 1988 Middle Sound Land Use Plan was not abandoned, but incorporated into the Comprehensive Land Use Plan adopted by the Board of County Commissioners in 1999. At the request of Commissioner Caster, Mr. Shipman placed the classification map on the document camera so it could be seen by the public. Mr. Shipman continued by pointing out that the Neighborhood Residential area included Middle Sound, and the area in pink designated for mixed use did not include Middle Sound. He advised that the mixed use concept is great but it should not be placed in an already developed, mature residential area. This action would be contrary to the mandates of the Comprehensive Land Use Plan which does not allow increased density in an area without adequate infrastructure. In 1999, a proposal was made to Mr. Stewart to abandon the increased density request and the Board at that time voted in opposition because of inadequate infrastructure improvements. The residents of the area recently suggested to Mr. Stewart that he abandon the increased density and try to explain to the residents the concept of a mixed use and services that are needed in Middle Sound. This opportunity of compromise was rejected by Mr. Stewart. In closing, Mr. Shipman suggested that the Board should not address the special use portion of this request unless the rezoning is consistent with the provisions of the Comprehensive Land Use Plan. The proposed request is not consistent with the Land Use Plan because the existing infrastructure is not in place to accommodate the project. He offered to answer any questions and noted some residents of the area were present and would like to speak. Mr. Robert A. Parr, a resident of 6706 Falcon Pointe Road, introduced for the record the following environmental concerns: •A letter to Dr. Pete Peterson from Todd Miller, Executive Director of the N.C. Coastal Federation, regarding concerns about the issuance of the stormwater permit for the development. •A letter from Dr. Lawrence B. Cahoon, Professor of Biological Sciences at UNWC, regarding potential water quality impacts if the rezoning is approved. •A letter regarding the verification of the salinity samples that were submitted by the petitioner under the original permit. When these samples were taken to an independent lab, it was found MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 517 that the stormwater permit would not have been allowed on the samples submitted. These samples are now under a review for compliance by the N. C. Department of Water Quality, which will be an on-going process regardless of the decision made on the proposed rezoning. Mr. Parr referenced the traffic report and noted that a comparison was made on the similarity of Middle Sound Loop Road to Greenville Loop Road, Porters Neck Road, and Masonboro Loop Road. He presented pictures of Greenville Loop Road and Middle Sound Loop Road and noted that it was a fundamental error to compare these roads. Mr. Parr stated that no survey has been made of residents living in Middle Sound to determine if they would use the stores in the proposed project; therefore, it is conjecture to assume these business establishments would create a reduction in the number of vehicle trips on Market Street. In closing, Mr. Parr presented petitions with 632 signatures and he requested the people opposed to the rezoning to step forward to be recognized. He also introduced into evidence a video showing the danger of existing traffic on Middle Sound Loop Road, and he requested the Board to deny the proposed rezoning. Chairman Davis asked if any of the Commissioners had any comments or questions based on the presentations heard. Hearing no comments, Chairman Davis closed the Public Hearing. Commissioner Pritchett asked Senior Staff Planner Stewart how many houses could be constructed by the developer under the existing R-20 zoning. Senior Planner Stewart responded that 45 units could be constructed in the existing R-20 zoning and 59 units under the proposed CD (R-15) zoning for a difference of 14 additional units. Commissioner Pritchett requested an explanation of the difference in stormwater regulations between R-20 and R-15 zoning. Senior Planner Stewart explained that New Hanover County stromwater regulations are based upon the impervious surface. Mr. Stewart has designed and received a permit for stormwater management that will satisfy the 25 year storm. Even though the permit was issued before the adoption of the recent drainage ordinance, the designed stormwater improvements would comply to current regulations. Vice-Chairman Greer advised that the new concept in planning is to have a community developed with the ability of the residents to visit commercial establishments without having to drive a car, which should decrease traffic in an ideal situation. However, many of the residents in Middle Sound have lived in this area for a period time because of its natural beauty. In reviewing the first general requirement, the Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. Vice-Chairman Greer stated that he felt the public safety would be endangered by increasing traffic on Middle Sound Loop Road. In reviewing the fourth general requirement, the Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Vice-Chairman Greer stated that he did not feel that the commercial development in the Middle Sound area would be in harmony with the area. He stated for these reasons, he felt the request should be denied and made the following motion: Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to deny the rezoning request. Commissioner Pritchett referenced attending several seminars on Smart Growth and stated that she was very supportive of this concept for future development; however, it appears that this idea has not found a home in New Hanover County. She noted that if a project of this type was approved in New Hanover County, it would receive recognition throughout the country, and stated MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 518 unfortunately the County will lose an opportunity to construct a project of this type with the motion on the floor. Commissioner Caster agreed with Commissioner Pritchett regarding the concept and stated that Mr. Stewart had prepared a well designed project; however, a majority of residents purchased homes in this area because the property was zoned R-20 Residential; therefore, he would stand by his second to the motion. Chairman Davis expressed appreciation to Mr. Stewart for the plan presented and stated that he normally would not vote against the recommendation of the Planning Board or Planning Staff; however, in this case the residents do not want to lose the tranquillity of the area. He noted that the Smart Growth concept is excellent and should be implemented whenever possible, but not in the residential area proposed because of traffic concerns and establishment of commercial businesses that would not be in harmony with other development in Middle Sound. MOTION TO DENY Chairman Davis called for a vote on the the rezoning request. Upon MOTION CARRIED UNANIMOUSLY. vote, the Commissioner Pritchett stated, for the record, that she reluctantly voted for the denial. Chairman Davis explained to the public that since the rezoning has been denied, the Board will not have to proceed with voting on the conditional use. He also expressed appreciation to the number of residents present for their conduct and the manner in which the Public Hearing was held. PUBLIC HEARING TO CONSIDER REQUEST BY POLLYANNA STRICKLAND MAXWELL TO NAME A PRIVATE DRIVEWAY “STRICK’S TRADING POST” AND ASSIGN MAILING ADDRESSES TO THE DRIVE LOCATED OFF THE 4600 BLOCK OF CASTLE HAYNE ROAD (SN-87, 04-01) Planner Sam Burgess reported that renaming this unnamed private road was an on-going effort to properly identify a road that serves as access to two (2) residential homes and two (2) businesses off the 4600 Block of Castle Hayne Road. At the present time, all four structures are utilizing a Castle Hayne Road mailing address. According to the applicant, the name “Strick’s Trading Post” has been agreed upon by all the residents who live and conduct business along the road. The road name has been approved by Emergency 911. In accordance with the County’s Address Grid System, assignment of new mailing addresses will need to be made. If approved, the County will be responsible for erecting a new street sign, and the effective date of change is scheduled for June 4, 2001. Chairman Davis asked if anyone present would like to speak. Hearing no comments, Chairman Davis closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request to name the private road to Strick’s Trading Post and re-assign mailing addresses along the road. Upon vote the MOTION CARRIED UNANIMOUSLY. Copies of orders renaming the private road and re-assigning mailing addresses are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVI, Page 26. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 7:45 P.M. to hold a regular meeting of the Water and Sewer District. Chairman Davis reconvened to Regular Session at 8:11 P.M. NON-AGENDA ITEMS Chairman Davis noted that he called for Non-Agenda Items earlier, but stated since the normal MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 519 time was at the end of the meeting, he would ask if anyone from the public would like to present an item. Ms. Sandra Blackman, representing parents in the Gordon Road area, expressed concern for the location of the “Shooter’s Plus, Choice Plus” gun club to be located on Gordon Road near the Eaton Elementary School. She requested the Board to adopt an ordinance that will prevent this type of business from locating near any schools or day care centers. She referenced the number of shootings in schools across the country and requested the Board to place this item on the next agenda. County Attorney Copley explained to Ms. Blackman that the gun shop referenced was a permitted use in that zoning district on Gordon Road; therefore, it would not be legally possible to tell the property owner at this point that the property cannot be used for this purpose. To prevent this from happening in the future, the Board of County Commissioners can direct the Planning Staff to require a Special Use Permit for the location of gun clubs or prepare a text amendment to stipulate that gun clubs cannot be located within so many feet of a church, school, or day care center. Discussion was held on the procedure for Ms. Blackman to follow in changing the Zoning Ordinance. County Attorney Copley recommended that the Board direct the Planning Staff to prepare a text amendment that would be heard by the Planning Board, and then presented to the Board of County Commissioners for final approval. Further discussion was held on whether the gun club referenced by Ms. Blackman had been built. Ms. Blackman stated that the existing vacant building was purchased by the property owner who plans to open a gun club with an inside firing range in July. County Attorney Copley advised that trying to stop the business from opening would not be legal since it is a permitted use in that zoning district. Legally this action would be regarded as a “governmental taking of the property” and the County could have to reimburse the owner for the value of the property. Consensus: After further discussion, it was the consensus of the Board to direct Staff to check into changing the Zoning Ordinance through the normal process which is a review of the amendment by the Planning Board with a recommendation to the Board of County Commissioners for final approval. ADDITIONAL ITEMS Discussion of Proposal Submitted by Dr. Suzanne M. Leland for Governmental Structure Study County Manager O’Neal referenced the proposal received from Dr. Suzanne M. Leland regarding the governmental structure study and stated that after discussion with City Manager Gornto, it was felt that the two governing bodies may want to meet and discuss the proposal before taking action. He advised that since the Board has a regular meeting on April 16, 2001, the meeting could be convened from regular session after all agenda items have been completed to hold a joint meeting with the City Council to discuss the proposal. If an agreement is reached on the proposal by the two governing bodies, the Board of County Commissioners could reconvene to regular session and take official action on the proposal. The City Council has a regular meeting on April 17, 2001, at which time Council could take official action on the proposal, which will allow the study to move forward. Vice-Chairman Greer stated that since both governing bodies have already decided to hire a consultant to perform the study, he would suggest directing the County Manager to place this item on the agenda for April 16, 2001, without having to meet with the City Council. Chairman Davis stated since the County Commissioners are favor of consolidation and City Council is the government requesting the study, he would prefer the City Council to discuss the proposal and the County could then piggyback on that action. Chairman Davis stated that speaking for himself, he did not need the feasibility study to decide if consolidation was needed. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 520 County Manager O’Neal stated that he would place the proposal from Dr. Leland on the agenda for April 16, 2001. Budget Work Session Scheduled on Monday, April 16, 2001 County Manager O’Neal requested the Board to select a date to hold a Budget Work Session. He advised that the Budget Work Session will be intense, and the Board may want to consider holding the meeting on a Saturday morning. Chairman Davis suggested scheduling the Budget Work Session on April 16, 2001, after the Regular Meeting. Consensus: After discussion, it was the consensus of the Board to schedule a Budget Work Session on Monday, April 16, 2001, at 1:30 P.M. in Room 501, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Announcement of Parking Spaces Being Reserved for Azalea Festival Activities County Manager O’Neal announced that parking spaces for the Commissioners will be reserved from Friday afternoon, April 6, 2001 through the Azalea Festival Parade on Saturday, April 7, 2001. He requested each Commissioner to show the Parade Pass to law enforcement officers when parking in the lot. Discussion of Proposed Location of Fence and Maintenance Building at Airlie Gardens Chairman Davis asked if the members of the Board had visited Airlie Gardens to see where the fence will be located. After discussion, the members of the Board agreed with the proposed location of the fence. Discussion was held on cutting off the points on the fence. Commissioner Caster expressed concern for the cost involved with cutting off the points on the fence, particularly when they will not be seen. After further discussion, the Board directed Staff not to cut off the points on the fence and turn the arches inward. Commissioner Boseman requested an explanation of why the maintenance building was being placed on the proposed site. County Manager O’Neal explained that an effort has been made to locate the maintenance building in an area that would not create noise for nearby residents with the use of loud machinery. The site where the stables are located was considered but because of frequent flooding on this site, it was not a suitable area. The site selected is far enough away from adjoining properties to prevent any type of noise nuisance, and the building will be buffered to make if more aesthetically acceptable. Commissioner Boseman asked how much the Maintenance Building would cost to construct. Assistant County Manager Dave Weaver advised that a metal building with a stucco coating would be constructed at a cost of approximately $100,000 to $120,000. Commissioner Boseman requested the amount of the total annual budget for Airlie Gardens. Assistant County Manager Weaver responded that he was not sure, but he would be glad to provide the figures on the capital improvements and operational budgets. After further discussion, County Manager O’Neal advised that the information requested on the Maintenance Building would be placed on the next agenda for discussion. Discussion of Mason Inlet Relocation Project Vice-Chairman Greer requested a brief update on the permitting process for the Mason Inlet Relocation Project. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 521 Assistant County Manager Dave Weaver advised that Staff was waiting for the essential fish habitat report to be reviewed by federal agencies. The County wrote the report but no comments have been received from the National Marine Service. Vice-Chairman Greer expressed concern for the delay in the permitting process and asked if Staff could contact the National Marine Service to see why these comments have not been received. He strongly objected to constant delays in receiving permits for the project. Assistant County Manager Weaver responded that either a member of Staff or the consultant frequently checks into the status of the permitting process. The Corps of Engineers has a meeting scheduled on April 10, 2001, with the U. S. Fish and Wildlife Service to review clarification of items that will be required in the Biological Opinion. After discussion with the Corps, a draft permit with conditions required by the Corps, such as maintenance of the Intracoastal Waterway, will be prepared and forwarded to the County. No information has been received as of this date. Vice-Chairman Greer, again, strongly objected to delays and requested County Manager O’Neal to assign a member of Staff to check daily into these delays because each day lost jeopardizes the project. The only way for the project to fail is for a hurricane to strike the area and wash away the property with no taxpayers to assess. He urged Staff to stay on top of the permitting process. County Manager O’Neal stated that Staff is in contact with some agency daily on the permitting process. Each time one item is accomplished, another agency forwards another requirement. The entire process has been just as frustrating to Staff as to the members of the Board. Assistant County Manager Weaver offered to present an update on the project at each meeting of the Board, and he assured the Board that Staff will contact the agencies on a daily basis. Report on Accomplishment of the Southeastern Center Commissioner Pritchett reported that the Southeastern Center has received from the Council on Accreditation for Children of Family Services an unconditional 3-year accreditation. She spoke on this being an exceptional accomplishment and suggested inviting Dr. Art Costantini to attend the meeting on April 16, 2001, to express appreciation to him for a superb job. Discussion of House Bill 926 Introduced by Representative Daniel F. McComas Commissioner Caster requested County Attorney Copley to review House Bill 926 to see the impact of this bill on the proposed change in the distribution formula of the Room Occupancy Tax. County Attorney Copley responded that she would be glad to check into House Bill 926 and report back to the Board. Commissioner Caster also referenced the Homestead Exemption Bill and stated it appears this bill will be passed by the N. C. General Assembly. Discussion of Fee Charged to the Board of Education for Trash Disposal Commissioner Boseman asked if the Board of Education pays the County for disposal of trash at the Landfill. County Manager O’Neal responded that a private contractor picks up the trash, which includes a tip fee that has to be paid to the County. Commissioner Boseman asked if the proposal to be presented by the Citizens Solid Waste Advisory Board will increase the School Budget. County Manager O’Neal responded that the proposal should have a minimal impact on the School Budget. MINUTES OF REGULAR MEETING, APRIL 2, 2001 PAGE 522 ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:01 P.M. Respectfully Submitted, Lucie F. Harrell Clerk to the Board