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2002-03-11 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 76 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 11, 2002, 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; Deputy County Manager, Andrew J. Atkinson; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Susan G. Dankel, Deacon, Church of the Servant, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. 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 Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular MeetingJanuary 22, 2002 Budget Work SessionJanuary 24, 2002 Regular MeetingFebruary 18, 2002 Appointment of County Manager or his Designee as the County Representative to Serve on the Bellamy Mansion Museum Committee The Commissioners approved the appointment of the County Manager or his designee as the County Representative to serve on the Bellamy Mansion Museum Committee. The County Manager advised that he would designate Museum Director Ruth Haas to serve as his designee. Assignment of Tax Bid for the Foy Property, Tax Parcel No. RO5406-005-001-000 th The Commissioners authorized the assignment of a bid for the Foy property located at 113 South 11 Street to Charles Alexander and wife, Vicki Alexander. At a recent tax foreclosure sale, the City and County were the only bidders and offered a bid for the amount of delinquent taxes. The sale has not been confirmed, and the Alexanders have requested the City and County to assign the bid to them. This arrangement will prevent the County from having to go through the public property disposition process. Approval of Funding Recommendation Submitted by the Juvenile Crime Prevention Council for Fiscal Year July 1, 2002 through June 30, 2003 The Commissioners approved the funding recommendation submitted by the Juvenile Crime Prevention Council for Fiscal Year July 1, 2002 through June 30, 2003, to the agencies listed below. This recommendation must be submitted to the State for final approval. Psychological Services (SEMH)$ 94,862 Home-Based Services (SEMH) 103,926 Juvenile Day Reporting Center 234,616 Total$433,404 Adoption of Resolution Awarding Bid # 02-0236 and Approving Contracts # 02-0236A, 02-0236B, 02-0236C, 02-0236D, and 02-0236E to Purchase Furniture for the Judicial Building Expansion The Commissioners adopted a resolution awarding Bid #02-0236 and approving Contracts # 02-0236A, 02-0236B, 02-0236C, 02-0236D, and 02-0236E for purchase of furniture for the Judicial Building expansion. The designer for the project grouped the specified furniture by manufacturer, resulting in 20 different groupings of furniture. The formal bid process was followed and bidders were given an opportunity to submit substitute products for approval. Bids were received and the lowest bidder for each grouping was determined. This resulted in the furnishings being divided into five (5) contracts as noted below: The Office Showcase$105,963.77Contract # 02-0236A Institutional Interiors$ 73,422.00Contract # 02-0236B Raleigh Office Interiors$ 59,580.25Contract # 02-0236C Interior Systems$ 41,600.26Contract # 02-0236D Carswell Business Systems$ 5,243.69Contract # 02-0236E Total$285,809.97 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 77 The County Manager was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 16.1. Deaccession of Dawson's Creek Sign The Commissioners approved deaccession of Dawson’s Creek Sign, Artifact # 2001.79.1 as recommended by the Museum Board of Trustees. This was the best way to return the sign as requested by the studio. At the end of last season's filming of Dawson's Creek, artifacts from the high school years were given to the Museum following all donation procedures including a signed gift form from the studio. This year, script writers wrote a reunion at the high school into the storyline, and the studio wanted the high school sign returned. Because the studio could not meet the requirements established for a loan and because there was potential for a continued need to borrow the sign, it was determined that deaccession was the best procedure to preserve the integrity of the Museum and maintain good relationships with the studio. Adoption of Resolution To Donate a Queen Size Hospital Bed to New Hanover Regional Medical Center The Commissioners adopted a resolution approving the donation of a queen size hospital bed with bed rails to the New Hanover Regional Medical Center (NHRMC). In October 2000, the Department of Social Services purchased a queen size hospital bed for a client who was located at Century Care in Morehead City, North Carolina. The bed is no longer needed and the hospital is in need of an oversized bed. Under the arrangement, the hospital will take responsibility and assume all costs associated with transporting the bed. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 16.2. Approval of Grading and Drainage Contract With Thompson & Company, Inc. for Hugh MacRae Park Project The Commissioners approved a grading and drainage contract in the amount of $41,980 with Thompson & Company, Inc. for work to be done on ballfields at Hugh MacRae Park. The Winter Park Optimist Club will reimburse the County for the grading required to renovate one of the four existing ballfields as their portion of a matching fund program. The project will not be started until July 8, 2002, to prevent interfering with youth baseball activities scheduled in Hugh MacRae Park this spring. The leadership of the Winter Park Optimist Club is in agreement with the starting date of the project. Authorization for the Library to Submit a N. C. Digitization Grant Exploring Cultural Heritage Online Application to the State Library The Commissioners authorized the Library to submit a N. C. Exploring Cultural Heritage Online Digitization grant application in the amount of $9,311 to the State Library. The New Hanover County Library proposes to collaborate with the Historic Wilmington Foundation to make available digitally their collections concerning Wilmington’s architecture. Friends of the Library will provide the local match of $1,035. Authorization for the Library to Submit a Grant Application to Praxair, Inc. to Purchase Computers and Related Furniture The Commissioners authorized the Library to submit a grant application to Praxair, Inc. in the amount of $50,151 through the Library Links Program to purchase 19 computers and related furniture to equip a computer lab at the Main Library. No County funds are required. Approval for New Hanover County Cooperative Extension to Use a County Free Day at the Coast Line Convention Center for the "How Does Your Garden Grow?" Event The Commissioners approved use of a County free day at the Coast Line Convention Center on February 1, 2003, for the County Cooperative Extension “How Does Your Garden Grow?” event. Authorization for the Library to Submit a Grant Application to the Institute of Museum and Library Services for a Library and Museum Collaboration Grant The Commissioners authorized the Library to submit a grant application to the Institute of Museum and Library Services for a Library and Museum Collaboration Grant in the amount of $240,000. Four organizations, UNCW-Randall Library, New Hanover County Library, Cape Fear Museum, and Coastal Area Health Education Center (AHEC), are partnering to develop a community website that will explore and share the history of medicine in Southeastern North Carolina. The grant will fund equipment, design, development and dissemination of the large dataset of information contributed by the partners. The $80,600 required match is a one-third in-kind match to be shared by the partners. The Commissioners authorized the Cape Fear Museum and New Hanover County Library to participate in developing the community website and directed the County to accept and maintain the expanded web capacity purchased by the grant. Budget Amendment #02-0140-Room Occupancy Tax Fund The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 78 Adjustment DebitCredit Appropriated Fund Balance$6,415,646 Transfer to Capital Projects-Mason Inlet$6,415,646 Explanation: For accounting purposes only. Budget Amendment #02-0141-Foster Grandparent Program The Commissioners approved the following budget amendment: AdjustmentDebitCredit Foster Grandparent Grant$153,044 Salary$28,000 FICA$ 2,142 Retirement$ 1,400 Medical Insurance$ 3,658 Disability Insurance$ 60 Employee Reimbursements$ 800 Training and Travel$ 3,100 Volunteer Stipends$93,177 Contract Service-meals$ 1,000 Volunteer Recognition$ 800 Volunteer Mileage$18,507 Contracted Services$ 400 Explanation: To budget Foster Grandparent grant award for calendar year 2002. Approximately one-half of the award will be spent this fiscal year and the unspent funds will be rolled over to the next fiscal year. The Commissioners approved acceptance of the grant for a 3-year period. Budget Amendment #02-0144-Human Services Transportation The Commissioners approved the following budget amendment: AdjustmentDebitCredit Other revenue$13,301 Motor Vehicles$13,301 Explanation: To budget insurance proceeds from a wrecked van. Budget Amendment #02-0145-Social Services The Commissioners approved the following budget amendment: AdjustmentDebitCredit DSS-Administration: DSS Administrative Grants$19,776 CP&L Intervention Program: Assistance Payments$19,776 Explanation: To appropriate State funds received for the CP&L Project Share Program. No additional County dollars are required. CONSIDERATION OF RESOLUTION REQUESTING GOVERNOR EASLEY TO RELEASE FUNDS TO CITIES AND COUNTIES Deputy County Manager Andrew J. Atkinson informed the Board that the proposed resolution would be forwarded by cities and counties throughout the State to encourage the Governor to release State reimbursements to local governments. The loss of these reimbursements will significantly impact the ability of local governments to provide essential services. If the State withholds these reimbursements for the remainder of the current fiscal year, the County will lose $1,400,000 representing almost one cent on the tax rate. If reimbursements are not received for FY 2002-2003, the County will lose over $5,000,000 representing three cents on the tax rate. Chairman Davis read the resolution into the record and called for a motion to adopt the resolution. Commissioner Caster suggested sending a copy of the resolution to the N. C. Association of School Administrators. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution requesting Governor Easley to restore full funding of State reimbursements for the current fiscal year, continue to support full NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 79 funding of all State reimbursements, and direct the Clerk to the Board to forward the resolution to the Governor, members of the N. C. General Assembly, the N. C. Association of County Commissioners, N. C. League of Municipalities, N.C. Department of Public Instruction, and N. C. Association of School Administrators. 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 XXVII, Page 16.3. Commissioner Pritchett encouraged the public to write letters to the Governor and legislators expressing their concern for the State withholding these reimbursements from counties. Commissioner Boseman asked Vice-Chairman Greer if he had made any progress with counties throughout the State shutting down government for one day. Vice-Chairman Greer advised that a meeting of the N. C. Association of County Commissioners Board of Directors will be held at end of the month and stated that he planned to present this proposal to see if other counties would participate in closing county government offices for one day. ADOPTION OF PROCLAMATION DESIGNATING MARCH 2002 AS CHILD SUPPORT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Davis requested a motion to adopt a proclamation designating March 2002 as Child Support Awareness Month in New Hanover County. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a proclamation Child Support Awareness Month designating March 2002 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Ms. Bunny DeBose, Project Manager for the New Hanover County Child Support Program, and expressed appreciation to her for the excellent job being done by Staff with enforcement of child support laws in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page16.4. REMOVAL OF ITEM 2, CONSIDERATION OF CONCERNS ON FUNDING FOR CRISIS LINE/OPEN HOUSE/RAPE CRISIS CENTER Chairman Davis announced that after discussion at the Thursday Staff meeting, the Board decided to remove this item from the agenda because the Commissioners felt it was not fair to withhold funding promised to non-county agencies during the current fiscal year since this would be no different than the Governor withholding reimbursements to counties. The County Manager will write a letter to each non-county agency explaining the requirements that must be followed to obtain full funding for the remainder of the year. Since the Board has decided to fully fund these agencies, it is imperative for all non-county agencies to understand that funding may not be provided for FY 2002- 2003; therefore, all agencies should prepare next year’s budget based on receiving no County funding. Ms. Margaret Weller-Stargell, President and CEO of Coastal Horizons Center, Inc. expressed appreciation to the Board for deciding to fund non-county agencies as budgeted for FY 2001-2002. She noted that non-county agencies realize and understand the enormous task before the Commissioners given the State’s elimination of reimbursements for the remainder of the fiscal year and the possibility of receiving no State reimbursements for FY 2002-2003. However, these agencies provide vital and necessary services to the community. Without these services, the problems in the community will only be compounded. After presenting examples of the services provided to the community by Coastal Horizons Crisis/Line Open House and Rape Crisis Center, Ms. Weller-Stargell urged the Commissioners to support these services to care for the health and well being of all citizens, including victims of rape and abused children. PRESENTATION OF RECENT ZONING VARIANCES Ms. Ann S. Hines, Chief Zoning Enforcement Officer, advised that the Zoning Enforcement Division of the Inspections Department provides staff support to the New Hanover County Zoning Board of Adjustment, the agency responsible for hearing appeals and requests for variances from the New Hanover County Zoning Ordinance. The Commissioners have requested information regarding recent Board of Adjustment cases on properties along South College Road and Carolina Beach Road. One concern is the granting of sign variances. The sign ordinance was rewritten in August 2001 to comply with the Unified Development Ordinance, and three variances have been granted dealing with on-going constructions projects that began before the sign ordinance was rewritten. She offered to answer questions. Commissioner Caster noted that he requested this item to be placed on the agenda because a member of the Planning Board felt some variances granted were not in compliance with the Unified Development Ordinance (UDO). After reviewing the report from Staff, it does not appear that any unusual actions were taken by the Zoning Board of Adjustment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 80 Mr. Pete DeVita, Chairman of the Zoning Board of Adjustment, informed the Commissioners that it had been difficult to determine the logic behind the new sign ordinance regarding the size of the sign relative to the size of the building, particularly in the Monkey Junction area. For example, there is a 250 square foot limitation on signs that can be placed on a 2,000 square foot building or a 250,000 square foot building. He suggested having a member of the Planning Board to attend one of the signage training sessions so assistance can be provided to the members of the Zoning Board of Adjustment on how to interpret the new sign regulations under the UDO. Currently, it is difficult to determine if a hardship exists for the appellant. Frequently, a variance request is heard from a company that has a large facility with only a 250 foot sign. The Zoning Board of Adjustment would like to see an addendum to the ordinance that will allow large retail facilities to provide citizen information signage to show the location of services. There is no need to have a huge sign showing the location of a Wal-Mart or Lowe’s, but information signs are needed. Vice-Chairman Greer advised that the responsibilities of members serving on the Zoning Board of Adjustment are very important. It is not possible to incorporate regulations into an ordinance that will address every situation; therefore, common sense and judgment decisions have to be made. He expressed appreciation to the members of this Board and stated he thought they were doing an excellent job in rendering decisions. Assistant County Manager Dave Weaver informed the Board that the signage issue will be revisited by the Unified Development Ordinance Committee and he suggested that members of the Planning Staff discuss this issue with the Chairman of the Zoning Board of Adjustment to be sure their issues of concern are part of the review process. Chairman Davis requested Assistant County Manager Weaver to work with the Planning Staff to be sure the concerns of the Zoning Board of Adjustment are included in the UDO review process. RATIFICATION OF RESOLUTION OF SUPPORT FOR FUNDING AND COMPLETION OF FIVE PRIORITY ROADWAY PROJECTS Chairman Davis called for a motion to ratify a resolution of support for funding and completing five priority roadway projects by the N. C. Department of Transportation. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to ratify the resolution of support for funding and completing five priority roadway projects by the N. C. Department of Transportation. 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 XXVII, Page 16.5. Discussion was held on the need to protect the corridor at Market Street and Military Cut-Off Road so it can be connected to the Highway 17 By-Pass. Senior Planner Baird Stewart explained that the County ordinance only requires reserving an area for a period of six months which is not enough time to acquire funding from the State to purchase the rights-of-way. The Planning Staff has been working with the developer to preserve the rights-of-way until the NCDOT will fund the project. Commissioner Boseman advised that local NCDOT officials feel the corridor can be included as part of the project if the rights-of-way can be secured. She requested Senior Planner Stewart to forward a report on the efforts being made by the Planning Staff to secure the corridor and stated that she would discuss this issue with NCDOT District Engineer Allen Pope at the next meeting scheduled in two weeks. REMOVAL OF ITEM 5, CONSIDERATION OF OFFER FROM THE NORTH CAROLINA COUNCIL OF STATE FOR FEE SIMPLE PURCHASE OF GORDON ROAD POND PROPERTY AND SALE OF FILL MATERIAL ON THE SITE Chairman Davis announced that Staff has requested the Board to remove this item from the agenda because the information from the State has not been received. Consensus: After discussion, it was the consensus of the Board to remove this item from the Regular Agenda. PRESENTATION OF STATUS REPORT ON UPDATE OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) Senior Planner Baird Stewart reported that the UDO process continues to move slowly but noted that progress had been made. One major accomplishment is adoption of unified sign and landscaping regulations that are being used in the City and County. Subdivision regulations are currently being finalized by the UDO Committee and will probably be the next item for review. These changes will include new requirements for connecting streets, dedication of recreation and open space, thoroughfare corridor protection, sureties and financial guarantees, monumentation, sidewalks and trails, and other administrative changes. The UDO Committee has reviewed the City and County stormwater management requirements and there is continuing discussion about the technical specifications for stormwater design standards. The Committee has also started a review of a Site Inventory Section of the Ordinance. Several other topics remain to be discussed such as environmental regulations, an evaluation of zoning districts and permitted use tables, and development review and approval procedures. In closing, Planner Stewart noted that funding has been appropriated in the City’s budget to hire a consultant to assist with zoning and environmental sections of the UDO. No action has been taken by the City Council. Staff has NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 81 informed the UDO Committee that no County funds will be available to hire a consultant. Discussion was held on why a consultant was needed to assist with writing the ordinance for zoning and environmental sections of the UDO. Planner Stewart spoke on the differences in the City and County Zoning Ordinances and stated that consultants are used throughout the country to specifically write zoning regulations to satisfy the combined needs of cities and counties. The main differences in the City and County ordinances are in density, overlay districts, and use tables within the districts. Many environmental aspects are covered in zoning regulations and zoning districts, such as setbacks, density, overlay corridors, and the design of streets to address stormwater and drainage. The UDO Committee felt a consultant could write one ordinance to specifically address these issues in the City and County. Commissioner Caster stated that he was not in favor of the County spending money to hire a consultant when the UDO Committee was appointed to develop the ordinance. He spoke on knowing a person who has expertise in environmental issues and suggested appointing this individual to serve on the UDO Committee in lieu of paying a consultant to write the ordinance. Chairman Davis also spoke in opposition to the County spending money to hire a consultant and stated he would like to know the justification for this action. Mr. Walter R. Conlogue, a member of the Planning Board, advised that five of seven planners have been lost in the City Planning Department, which means there is not enough staff to assist with planning issues. The County Planning Department has staff that is capable of preparing the UDO to combine the existing City and County zoning regulations without having to hire a consultant. The environmental section of the UDO has been the reason for the process being so slow. One of the two environmental members, Tracy Skrabal, will be on leave for six months, and it might be wise to appoint a person to fill in while this member is gone. After a lengthy discussion of the need to complete the UDO process, the Board agreed for Commissioner Caster to submit a name of the environmental expert to be considered for appointment at the March 25, 2002, meeting of the Board of County Commissioners. ADDITIONAL ITEMS Appointments to Steering Committee to Oversee the Transportation Services Merger Study and Master Plan Assistant County Manager Patricia A. Melvin reported that New Hanover Transportation Services (NHTS) and the Wilmington Transit Authority have contracted with Kimley-Horn to conduct a study to determine the feasibility and method of combining County and City transportation services for safer, more efficient and effective operations. A Steering Committee, consisting of elected officials and corporate leaders throughout the region, will oversee the process and provide policy-level input to the planning process. Meetings will be held quarterly through March 2003. New Hanover County is required to appoint two (2) elected officials to the Committee. Commissioner Boseman, the Board’s representative on the NHTS, has agreed to serve as one of the two appointees and another elected official needs to be appointed. Commissioner Pritchett offered to serve on the Steering Committee. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to appoint Commissioner Boseman and Commissioner Pritchett to serve on the Steering Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the 1898 Wilmington Race Riot Commission Assistant County Manager Patricia A. Melvin reported that Senate Bill 787 established the 1898 Wilmington Race Riot Commission and specified that the New Hanover County Board of Commissioners should appoint two members to serve on the Commission. The appointments should have been made by September 1, 2000; however, no one from the State carried out the appointment process. The report is to be submitted to the State by December 31, 2002. Quarterly meetings will be held, and the final report should include suggestions for erecting some type of permanent marker or memorial to designate the1898 race riots. It is recommended that the Chairman of the New Hanover County Human Relations Commission be appointed to serve as one of the representatives. Chairman Davis advised that pursuant to Senate Bill 787, the Commission will terminate on December 31, 2002. Commissioner Pritchett spoke on the need to know the history of the 1898 race riot and suggested appointing a member of the Museum Board or Director Ruth Haas and/or her designee as an appointee. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Anthony Gentile, Jr., Chairman of the Human Relations Commission, and Museum Director Ruth Haas or her designee to serve on the 1898 Wilmington Race Riot Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. Report on Crisis Intervention Training for Counselors at the Southeastern Center Commissioner Pritchett advised that an issue discussed at the Anti-Terrorism Training Conference was the need to have training for crisis intervention counselors. At the Southeastern Mental Health Board meeting last week, it was announced that staff has taken crisis intervention training and two groups have completed the training and are now nationally certified. The third group will receive training in April. She complimented the Southeastern Center for training staff to assist with counseling during a crisis situation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 82 Baseball and Soccer Complex at Ashley High School Commissioner Caster advised that he and Vice-Chairman Greer visited Ashley High School last weekend to see the baseball and soccer complex and stated that New Hanover County and its citizens should be proud of this outstanding facility. Discussion of Improvements to Legion Stadium Commissioner Caster reported that he attended the first soccer game of the season at Legion Stadium and stated the City and County are to be commended for renovating the stadium into a fine athletic facility. Discussion of Using Detention Officers in the Jail Commissioner Boseman advised that she and Commissioner Caster had requested a report on the use of detention officers in the Jail and asked if the report had been prepared. Deputy County Manager Atkinson reported that discussion was held with Sheriff Lanier about the use of detention officers and concern was expressed by the Sheriff regarding the need for all positions to be deputy sheriffs. Staff plans to recommend the use of detention officers as part of the budget process since the County will save a considerable amount of money in training costs and avoid having to pay the additional required 5% match for law enforcement officers to the State retirement system for each new position. Commissioner Boseman asked if Staff has reviewed the issue of privatizing some services when the new Jail becomes operational. Deputy County Manager Atkinson responded that privatization is being considered for food services, health services, and maintenance. Information is being gathered on privatization of the entire operation of the Jail; however, legal issues outlining the responsibilities of the Sheriff in the North Carolina Constitution must be addressed. Once this information is collected and feedback is received from the Sheriff, a report will be forwarded to the Board. Commissioner Caster urged Staff to move forward with privatization of the Jail and stated the constitutional issue of the Sheriff overseeing the jail operation can be overcome. He stressed the importance of operating an efficient jail in a cost-effective manner. E-911 Legislative Study Deputy County Manager Atkinson reported on receiving a note from the N. C. Association of County Commissioners regarding a legislative study authorizing the use of E-911 funds. Two options were presented on how the regulations should be changed regarding the use of these funds. After a review of the options, Staff was not in favor of either option and would like to suggest the following alternative: •Consolidate the State level oversight commission to entail both wireless and landline surcharge funds. •Keep the current billing system intact through the telephone company. The surcharge amount would be established by the individual counties based on a plan that would be submitted to the oversight commission on an annual basis. • Re-define the allowable uses of the E-911 fees after working with counties. This would provide a more easily understood set of criteria for counties to follow as they develop their plan for expending these funds. In closing, Deputy County Manager Atkinson requested the Board to authorize Staff to write a letter to Mr. Ed Regan, Deputy Director of the N. C. Association of County Commissioners, to submit this recommendation to the Legislative Utility Review Committee. Vice-Chairman Greer expressed concern for not knowing the rules and regulations regarding the E-911 surcharge. When the fee was first enacted for landline phones, there was a great deal of discussion about the use of the revenue generated from the fee. Now, the fee is being collected for the use of cell phones and it is more difficult to know how the revenue will be used. He said that he was uncomfortable endorsing a recommendation without more information on the current use of fees. Deputy County Manager Atkinson spoke on expenses incurred with operation of the 911 Center and stated allowing more flexibility on the use of the revenue generated would assist the County with costs involved with upgrading the hardware on the phone system, audio system, and computer system. Consensus: After further discussion, a majority of the Board authorized the Deputy County Manager to write the letter as proposed. PUBLIC HEARING ON PROPOSED FRANCHISE AGREEMENT WITH TIME WARNER CABLE County Attorney Copley presented a proposed franchise renewal for Time Warner Entertainment and stated that a Public Hearing is required before the franchise can be granted. She requested the Board to conduct the Public Hearing and then consider the terms of the agreement. If the agreement meets approval of the Board, Staff recommends awarding the Time Warner Entertainment franchise for a 10-year term. County Attorney Copley noted that Mr. William (Bill) J. Greene, Division President of Time Warner Entertainment, and Mr. Harold Seagle, the corporate counsel, were present and would answer questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 83 Chairman Davis opened the Public Hearing. He asked if anyone from the audience would like to speak in favor of the renewal franchise for Time Warner Entertainment. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the renewal franchise for Time Warner Entertainment. No public comment was received. Chairman Davis closed the Public Hearing. Chairman Davis asked County Attorney Copley if she had reviewed the agreement to be sure the County was protected and if the agreement was in the best interest of the County and its citizens. County Attorney Copley responded yes to the questions asked. Discussion followed on the list of facilities now being served in the Time Warner area. Vice-Chairman Greer questioned why the downtown Library was the only library included on the list with no listing of the Northeast Regional Library or Myrtle Grove Library. He also questioned why the New Hanover Regional Medical Center, schools in Veterans Park, and the new Jail were not on the list. After further discussion, the County Attorney was requested to amend the list to include the new Jail, Northeast Regional Library, Myrtle Grove Library, New Hanover Regional Medical Center and any other facilities in the Time Warner service area. County Attorney Copley assured the Board that all facilities in the Time Warner service area would be included on the list. Chairman Davis called for a motion to renew the franchise with Time Warner Entertainment. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the renewal of the franchise agreement with Time Warner for a term of 10 years. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is on file in the Legal Department. PUBLIC HEARING ON RESOLUTION TO PROCEED WITH INSTALLMENT FINANCING WITH BANK OF AMERICA FOR ACQUISITION OF THE SHAW SPEAKS BUILDING AND FILING OF THE LOCAL GOVERNMENT COMMISSION APPLICATION Finance Director Bruce Shell reported that on January 7, 2002, the Board of County Commissioners agreed to purchase the Shaw Speaks Building at a negotiated price of $650,000 contingent upon a satisfactory environmental assessment, approval by the Local Government Commission, and installment financing with a financial institution. After sending out proposals, nine bids were received with Bank of America being the low bidder at 5.15% for 10 years. After conducting the Public Hearing, the Board is requested to adopt the resolution to approve the installment financing agreement. Chairman Davis opened the Public Hearing. Chairman Davis asked if anyone from the audience would like to speak in favor of New Hanover County entering into an installment financing agreement with Bank of America for the purchase of the Shaw Speaks Building. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the County entering into an installment financing agreement with Bank of America. No public comment was received. Chairman Davis closed the Public Hearing. Vice-Chairman Greer stressed the importance of the public understanding that budgeted funds normally used for State detention of juveniles carried out of the County are being used to pay for the building. Commissioner Caster noted that he wanted to be assured that Staff and the Inspections Department have checked the building and are satisfied with locating the Juvenile Day Reporting Center into the structure. Deputy County Manager Atkinson assured the Board that employees from the Health Department, Inspections Department, and Property Management have checked the building and feel the structure is in good shape. Discussion was held on when the Juvenile Day Reporting Center would move into the building. Deputy County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 84 Manager Atkinson informed the Board that the mortgage should be closed on April 9, 2002, and the facility should be operational after the closing date. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt a resolution approving the installment financing agreement in the amount of $650,000 with Bank of America for acquisition of the Shaw Speaks Building. Upon vote, the MOTION CARRIED 4 to 1. Chairman Davis voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 16.6. SECOND READING OF AN AMENDMENT TO CHAPTER 23, ENVIRONMENT, ARTICLE VII, STORMWATER MANAGEMENT, DIVISION 6, ADDING A NEW DEVELOPMENT SECTION 23-432 TO THE STORMWATER MANAGEMENT ORDINANCE IN THE NEW HANOVER COUNTY CODE (A-313, 11/01) Chairman Davis reported that a second reading of Section 23-342 of the Stormwater Management Ordinance of New Hanover County was required because the proposed amendment did not receive a unanimous vote on January 7, 2002. He noted at the Staff Meeting held on Thursday, March 7, 2002, the Board requested the Planing Staff to better clarify the wording of this section, and he requested Senior Planner Baird Stewart to present the revised amendment. Planner Stewart presented the following revision of Section 23-432 to be added to the Stormwater Management Ordinance and stated that the Planning Staff, Planning Board, and Homeowner Associations were in favor of the amendment. Section 23-432 Applicability (f) All projects subject to the provisions of this article shall require the issuance of an “Authorization- To-Construct” by the County following approval of construction plans for subdivisions and before receiving building permits for non-subdivision projects. Chairman Davis opened the Public Hearing and asked if anyone from the audience would like to speak in favor of the revised amendment. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the revised amendment. No public comment was received. Chairman Davis closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt the revision to Section 23- 432 of the Stormwater Management Ordinance under Chapter 23, Environment, Article VII, Stormwater Management, Division 6, of the New Hanover County Code. 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 XXVII, Page 16.7. The ordinance will be codified into the New Hanover County Code. PUBLIC HEARING TO CONSIDER ADOPTING THE “ALL HAZARD MITIGATION PLAN” FOR NEW HANOVER COUNTY Staff Planner Chris O’Keefe reported that utilizing grant funds secured after Hurricane Fran and working with the Mitigation Planning and Risk Assessment Steering Committee of Project Impact, the attached All Hazard Mitigation Plan for New Hanover County has been drafted. The plan contains historic references to natural hazards that impacted the County, recommended strategies to protect homes and businesses, and policy recommendations to help safeguard the County from disastrous impacts or natural hazards in the future. Members of the Mitigation Planning and Risk Assessment Steering Committee represent a broad range of interests including City, County, State government agencies, home builder associations, Regional Association of Realtors, Corps of Engineers, CP&L, local citizens, and business representatives. The Committee was administered by the New Hanover County Department of Emergency Management. Staff Planner O’Keefe requested the Board of County Commissioners to keep in mind that through the Community Rating System, county residents living in the 100 year flood plain receive discounted rates on insurance premiums through the National Flood Insurance Program because New Hanover County has a plan and participates in other activities to mitigate flood damage. Following legislation adopted by the N. C. General Assembly in June and an earlier federal law amended in October 2000, the State Department of Emergency Management now requires completion of an All Hazard Mitigation Plan. The legislation also requires this plan to be adopted before a municipality can be eligible to receive Hazard Mitigation grant funds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 85 In concluding the presentation, Staff Planner O’Keefe requested the Chairman to conduct the Public Hearing and adopt the plan. Chairman Davis opened the Public Hearing. Chairman Davis asked if anyone from the audience would like to speak in favor of the plan. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the plan. No public comment was received. Chairman Davis closed the Public Hearing. Vice-Chairman Greer expressed appreciation to Staff Planner O’Keefe for preparing the All Hazard Mitigation Plan that increased the insurance discount rating from 10 to 15 percent, which will save money for homeowners when purchasing insurance. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt the New Hanover County All Hazard Mitigation Plan as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the plan is on file in the Planning Department. BREAK Chairman Davis called a break from 7:25 P.M. until 7:40 P.M. PUBLIC HEARING TO CONSIDER REZONING OF A 50-FOOT STRIP BETWEEN TWO B-2 HIGHWAY BUSINESS PROPERTIES FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS ((Z-733, 01/02) Chairman Davis opened the Public Hearing. Senior Planner Baird Stewart presented a map showing the location of a remnant 50-foot strip of land zoned residential between the Sneeden property and Lowe’s/Super Wal-Mart property at Monkey Junction. This strip was left to protect nearby residences; however, adjacent residential properties have been rezoned to Conditional Use Highway Business and the residential strip no longer serves a useful purpose. The Planning Staff requested the Planning Board to rezone the 50-foot strip to B-2 Highway Business. The Planning Board unanimously approved the rezoning on February 7, 2002. Chairman Davis asked if this rezoning was consistent with the Land Use Plan. Planner Stewart responded that the rezoning was consistent with the Land Use Plan. Chairman Davis asked if anyone from the audience would like to speak in favor of the rezoning. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the rezoning. No public comment was received. Chairman Davis closed the Public Hearing. After hearing no comments from the Board, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to rezone the residential 50-foot strip of land between the Sneeden property and Lowe’s/ Super Wal-Mart Center at Monkey Junction from R-15 Residential to B-2 Highway Business as recommended by the Planning Board and Planning Staff. 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. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 62. PUBLIC HEARING TO CONSIDER REQUEST FROM CINDEE WOLF TO REZONE 13 ACRES OF LAND ADJACENT AND NORTH OF PROPOSED MARKET STREET AND U. S. HIGHWAY 17 BY-PASS INTERCHANGE FROM R-15 RESIDENTIAL TO O&I OFFICE & INSTITUTION Chairman Davis opened the Public Hearing and announced that a conditional use zoning requires a quasi- judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 86 The following persons were sworn in: Senior Planner Baird Stewart Cindee Wolf Buddy Jackson J. C. Hearne, II Shelia Foy Senior Planner Baird Stewart presented a map and slides of the subject property showing the proximity of the acreage to the proposed Market Street and Highway 17 By-Pass interchange. The property is classified Rural and the purpose of this classification is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction, and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production; however, compatible commercial and industrial uses may be allowed provided that natural resources are not adversely impacted. At the Planning Board meeting held on February 7, 2002, the petitioner presented a Conditional Use O&I plan and provided a brief description and background of the project. Several concerns and comments regarding the Land Use Comprehensive Plan policies for the Rural Land Classification were discussed. Since the construction of the Highway 17 By-Pass is imminent, the Planning Board felt that the Rural Land Classification should be re-evaluated. One nearby resident spoke in support of the proposed use. Because the site plan presented to the Planning Board was no more restrictive than the general use district, Staff recommended rezoning the property to straight O&I if the Planning Board felt the property should be rezoned. After further discussion, the Planning Board felt that the Conditional Use Site plan was preferable and voted to recommend approval of a Conditional Use O&I District subject to two conditions: (1) uses shall be limited to the list of uses presented at the Public Hearing of the Planning Board; and (2) building heights shall not increase from those shown on the site plan. The Planning Staff is not in favor of rezoning the property because the access is limited to a service road cul- de-sac which runs through the Kirkland Subdivision and is an extension of Stephens Church Road. There is minimal infrastructure, although there is sewer service that was recently extended to the area through the Kirkland Community using CDBG grant funding. There is no County water in the area and there is minimal development in the area. Commercial services are provided to the surrounding area by the Porters Neck Shopping Center, which is a developing node to the south of the property. Comprehensive Land Use Plan policies support locating regional commercial nodes at major intersections and integrating neighborhood level mixed uses into existing developing residential areas. Although the development in Kirkland may be spurred by the construction of the By-Pass, Staff believes it is premature to rezone large parcels of land in this area where services cannot be provided and can be better used elsewhere. Discussion was held on the Planning Board feeling that the Rural Land Classification for this area should be re-evaluated. Planner Stewart explained that the Planning Board felt since the Highway 17 By-Pass has been designed and will be constructed, it might be necessary to change the Rural Land Classification since this classification does not provide for additional intensive growth. Chairman Davis asked if the petitioner would like to speak. Mr. J. C. Hearne, II, the attorney representing the applicant, Buddy Jackson of Jackson Investments, Inc., informed the Board that Mr. Jackson was a lifetime resident of New Hanover and Pender Counties and has been involved with landscaping for 14 years. His company has successfully completed hundreds of residential and commercial jobs in New Hanover, Pender, and Brunswick Counties with the most recent being Ponds Edge located on Market Street. Mr. Hearne presented slides showing the low impact Office and Institution (O&I) setting proposed for the property with a low key design instead of a strip setting. The vegetation and buffers will be preserved on the site and the height of the buildings will not be more than two levels. The applicant originally applied for straight O&I, but after meetings with the Planning Staff and Ms. Cindee Wolf, it became apparent that he should apply for a Conditional Use O&I to have better control over the uses, heights, etc. The lots are approximately 100 feet across with a small road frontage and 1,000 feet deep. The proposed development will be performed in phases and should be completed within two years. In concluding the presentation, Mr. Hearne offered to answer questions and stated that Ms. Cindee Wolf would explain the site plan and review the conditions of the conditional use permit. Chairman Davis expressed concern for the proposed rezoning not being consistent with the Land Use Plan and stated that he could not vote for any zoning that was inconsistent with the Land Use Plan. Mr. Hearne spoke on understanding the concern expressed by Chairman Davis and stated that the proposed rezoning is not consistent with the Land Use Plan because the property is classified as Rural; however, with the Highway 17 By-Pass being imminent, it is apparent that the property should not be classified as Rural. The best use of the property is not R-10, R-15, or R-20 residential because it abuts a heavy traffic area. The applicant originally felt that an O&I was an appropriate use but later determined that Conditional Use O&I would allow for controlled development of the property. If the applicant waits until the By-Pass is completed, an opportunity will be lost to provide proactive NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 87 planning for this 13.2 acre parcel. The Planning Board realized that the Rural classification was outdated and recommended approval of the zoning with Staff being directed to study how the corridor area should be classified. Ms. Cindee Wolf, a landscape architect, reported that she had worked with Mr. Jackson on the Ponds Edge project and several other projects through the years. When designing a plan for this piece of property, it was decided to use an office campus style of development. Low density office development has become a widely acceptable use as a transition between busy thoroughfares and residential neighborhoods. The site layout will be a low impact plan and all basic ordinance requirements have been met or succeeded as far as setbacks, buffer yards, and the amount of internal landscape features in and around the buildings and parking areas. There is an assortment of one and two level buildings in the internal section of the campus. The buildings will be available in different sizes but will have a similar design in appearance that can be controlled by architectural standards and restrictive covenants enforced by an owners association. The attempt of the plan is to provide an attractive office facility that takes advantage of the road corridor exposure and presents a minimal impact to the natural character of the site. The project layout attempts to minimize impervious surfaces with a 43% ratio of coverage, and an area has been set aside for a pond to provide a visual amenity as well as manage stormwater runoff. Regulated trees have been visually located on the tract of land and will be specifically located in each phase of the project. The campus atmosphere will allow minor changes to placements of the buildings or parking areas to assure maximum preservation of existing vegetation and natural features on the site. Street yard, buffering, and interior parking area landscaping will be supplemented by building foundation plantings to add to the overall aesthetics appeal of development. In summary, Ms. Wolf advised that the location and character of the Porters Neck Landing if developed according to this plan would comply with general zoning regulations and would be in harmony with the surrounding area. A lengthy discussion was held on the map for the north side of the property not coinciding with the map presented by the Planning Staff. Vice-Chairman Greer requested an explanation of why there was a straight line on the back of property on the map presented by Ms. Wolf. Ms. Wolf responded that her map represented the actual legal description for the entire parcel and stated that the Planning Department had not updated its map as the exhibits were presented. After further discussion Ms. Wolf explained that an error had been made and she assured the Board that the property would be rezoned according to the legal description presented with the site plan. Vice-Chairman Greer requested assurance that only 13 buildings would be placed on the property. Ms. Wolf assured Vice-Chairman Greer that only 13 buildings would be placed on the site. Planner Stewart advised that the plan could be slightly changed as long as the setbacks and buffering were not decreased and the square footage was not increased. Vice-Chairman Greer asked why a plan had to be submitted if it could be changed during the construction process and he requested the County Attorney to comment on this issue. County Attorney Copley informed the Board that a basic site plan has to be presented for the Board to consider granting a conditional use permit. If a modification is requested during the construction of the project, the change will have to be presented to the Board of County Commissioners for approval. The purpose for submitting a site plan is for the Commissioners to see where the structures, parking areas, drainage ponds, buffering, and setbacks will be placed on the property before approving the conditional use permit. During the review process, extra conditions can be imposed on the conditional use permit by the County Commissioners. Planner Stewart entered the following preliminary findings of the Planning Staff into the record: 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 site is located in the Ogden Fire District. B.The site is served by private water and county sewer. C.The site has access to Stephens Church Road, a service road for Market Street. An access road is being constructed in conjunction with the Highway 17 By-Pass. Market Street is classified as an arterial road by the Thoroughfare Classification Plan. 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 meeting the requirements of the ordinance has been submitted. B.A tree inventory, phasing plan, and a statement of traffic impacts have been submitted. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 88 C.Signage is limited to the requirements of the Special Highway Overlay District. 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 majority of the housing along Stephens Church Road is north of the proposed project. Therefore, traffic impacts on the Kirkland Community should be limited. B.The proposed uses are typically provided as a transition between residential and commercial uses. C.The proposed development should buffer the community from the noise and traffic associated with the Highway 17 By-Pass. D.No evidence has been presented that this facility will decrease the value of adjoining property. 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 located and in general conformity with the plan of development of New Hanover County based upon the following findings: A. The 1999 Land Classification Plan identifies this area as Rural. The purpose of the Rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. B. The property is currently vacant and is not being used for traditional agrarian uses. C. The Highway 17 By-pass is under construction and is due to be completed in 2004. Chairman Davis asked the applicant, Mr. Buddy Jackson, if he concurred with the findings presented by Staff. Mr. Jackson advised that he did not agree with the preliminary findings presented by the Planning Staff, but stated that he agreed with the findings of the Planning Board. Chairman Davis requested Mr. Jackson to speak on why he disagreed with some of the Staff findings. Mr. Buddy Jackson presented a map showing the proximity of his property to the Highway 17 By-Pass and spoke on the following issues of concern presented by the Planning Staff. 1. Limited Access Through a Service Road that Ends in a Cul-de-sac: The long-range plan for this road is to continue and not end in a cul-de-sac. It can be argued that the property should be accessed through a service road to prevent bottle necking traffic at the foot of the By-Pass. There will be a traffic light at the Stephens Church Road/Futch Creek Road, and Highway 17 intersection. There is also another entrance to Stephens Church Road approximately one-half mile to the north that runs into the more residentially developed part of the Kirkland Community. 2. Insufficient Infrastructure: One of the main reasons for purchasing the property was the provision of sewer to this area. Very few properties in this part of the County have sewer service. 3. Premature Development of Large Parcels in this Area of the County: Completion of the Highway 17 By-Pass in two years will coincide with the date of completion for the proposed project. It will be at least 18 to 24 months before the project begins, which will be phased in over a period of 5 to 6 years. 4. Land Use Plan Policies: After hearing the plan for the project, the Planning Board adopted a resolution to revisit the Land Use Plan and re-evaluate the Rural classification for this area. One member noted that the reason for not reclassifying this area sooner was because the Planning Board wanted to know the exact route of the By-Pass. In closing, Mr. Jackson requested the Board to support the recommendation of the Planning Board since this property would not be appropriate for any type of residential development. The residents of the Kirkland Community are pleased with the plan and feel the project will enhance the area. Chairman Davis asked if any person from the audience sworn-in by the Clerk to the Board would like to speak in favor of the proposed rezoning. Ms. Shelia Foy, a resident of the Kirkland Community, informed the Board that her property was adjacent to the subject property. After meeting several times with Mr. Jackson and visiting the Ponds Edge project, she and her mother are satisfied with the proposed site plan. The residents in the Kirkland Community are in favor of the plan and feel it will enhance the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 89 Chairman Davis asked if any person from the audience sworn-in by the Clerk to the Board would like to speak in opposition to the proposed rezoning. No one spoke in opposition. Chairman Davis closed the Public Hearing. Chairman Davis requested the Clerk to the Board to show that the applicant did not agree with the Staff findings. Mr. Hearne requested time to clarify the statement made by the applicant regarding the Staff findings. He noted that the applicant agreed with findings one through three but did not agree on the view of the Planning Staff regarding non-compliance to the Rural classification as defined in the Land Use Plan under general requirement four. Chairman Davis asked County Attorney Copley that if the applicant does not agree with the fourth general requirement and the Board grants the conditional use zoning, will findings have to be established for this general requirement. County Attorney Copley responded that findings of fact and any proposed conditions should be established before voting on the rezoning. Chairman Davis asked if any member of the Board would like to establish proposed findings of fact under the fourth general requirement, which states that 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 responded that he felt the site plan conformed to the findings presented in the fourth general requirement. He also noted that he had not received a list of limited uses recommended by the Planning Board. Mr. Hearne read the following limited development uses into the record: •Antenna and towers less than 70 feet in height and ancillary to the principal use •Drug Store •Banks, Credit Agencies, Savings & Loans •Business Services including Printing •Funeral Home •Parks & Recreation Areas •Barber/Beauty Shop •Adult Day Care •Children’s Day Care •Colleges, Universities, Professional Schools & Technical Institutions •Libraries •Churches •Government Offices & Buildings •Offices for Private Business & Professional activities Chairman Davis asked Mr. Jackson if he was aware of the fact that if the Board proceeds to vote on the rezoning request and the request is denied, the applicant cannot file another application for 12 months. Mr. Hearne advised that the applicant had been informed of this fact. Commissioner Pritchett expressed concern for the Land Use Plan classifying the area as Rural and stated that the purpose of this classification is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction, and other traditional agrarian uses and discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. She asked how the proposed rezoning and use could be compatible with the rural classification. Chairman Davis advised that he also felt the proposed use was not consistent with the Land Use Plan because the Rural classification has not been changed. Mr. Hearne assured Chairman Davis that he would not have submitted the request for the applicant if the By- Pass had not been routed through this area. Commissioner Caster noted that since the By-Pass was being constructed through the area, the property would not be suitable for residential development. He stated that the site plan presented would be an excellent transitional use between business and residential development. Commissioner Pritchett objected to deviating from the policies of the Land Use Plan and stated she would rather wait until the area has been reclassified before approving the request. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to rezone the 13.2 acres of land from NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 90 R-15 Residential to a Conditional Use O&I as recommended by the Planning Board. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Davis and Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 45. Chairman Davis called for a motion to grant the conditional use permit. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to grant the conditional use permit subject to the limited development uses read by Attorney Hearne, and the building heights not increasing from those shown on the plan, based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the zoning ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED by 4 to 1. Chairman Davis voted in opposition. A copy of the conditional use permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 15. Commissioner Pritchett requested Staff to review the Rural classification for this area in the near future. Planner Stewart advised that Staff would be glad to start the process through the Planning Board. PUBLIC HEARING TO CONSIDER A REQUEST FROM CAMELOT CAMP GROUND, INC., TO REZONE A PARCEL LOCATED TO THE WEST AND DIRECTLY BEHIND THE CAMP GROUND ON THE WEST SIDE OF MARKET STREET FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-735, 01/02) Chairman Davis opened the Public Hearing. Senior Planner Baird Stewart presented a map showing the location of the property and stated the petitioner is requesting the property to be rezoned from R-15 Residential to R-10 Residential. This 22-acre tract is located at 7415 Market Street adjacent and west (behind) to the Camelot Camp Ground. The property is part of the Camelot Camp Ground parcel that was zoned B-2 Highway Business in 1994. The remainder of the parcel is currently residential and is surrounded by a developing subdivision known as West Bay Estates. Some portions of the adjacent West Bay Estates are zoned R-15 Residential and other portions are zoned R-10 Residential. The areas to the south and to the west of the subject property are zoned R-10 Residential and the area to the north of the subject property is zoned R-15 Residential. The adjacent R-10 District was approved in 1995. At the Planning Board meeting held on February 7, 2002, no one spoke in opposition. Since the property is bordered on two sides by an R-10-Residential District and is consistent with the Land Use Classification, the Planning Board voted unanimously to recommend approval of the rezoning. Access to the site is available through the B-2 commercial portion of the property as well as through road stubs provided by the adjacent subdivision. Given the proximity to similarly zoned property and the proximity of existing County utilities and the present classification of the Land Use Plan for Urban Transition, Staff recommends approval. Chairman Davis asked if the rezoning was consistent with the Land Use Plan. Planner Stewart responded that the rezoning was consistent with the Land Use Plan. Chairman Davis asked if the applicant would like to speak. Mr. Bill Gage, speaking on behalf of the owner of Camelot Camp Ground, Inc., requested the Board to approved the rezoning as recommended by the Planning Board. Chairman Davis asked if anyone from the audience would like to speak in favor of the rezoning. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the rezoning. Ms. Susan Rossiter, a resident of 7420 Ern Way, expressed concern for increased traffic in the area and asked if the owner planned to expand the campground or place mobile homes on the property. Mr.Gage responded that he could not say what use under the permitted uses in R-10 zoning would be placed on the property in the future; however, he would be surprised to see the owner place a mobile home park on the property since he owns a large amount of the property on Market Street. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 91 Planner Stewart informed the Board that mobile homes are permitted in R-10 and R-15 zoning districts; however, if more than two mobile homes are placed on the site, the owner would be required to request a special use permit from the Board of County Commissioners before additional mobile homes could be placed on the property. Hearing no further comments, Chairman Davis closed the Public Hearing. Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve rezoning 22 acres of land located at 7415 Market Street adjacent and west of Camelot Camp Ground from R-15 Residential to R-10 Residential as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 8B, Page 52. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO SECTION 32-3(3)C, TABLED BY THE BOARD AT ITS JANUARY 7, 2002 MEETING Chairman Davis opened the Public Hearing. Senior Planner Baird Stewart reported on Monday, January 7, 2002, the New Hanover County Board of County Commissioners remanded Section 32-3(3)C to the Planning Board for clarification. After a review and discussion of the section, the Planning Board recommends the following wording for the text amendment: No land-disturbing activity or tree removal may begin on any site subject to the provisions of this ordinance until all applicable County permits have been issued. Chairman Davis asked if the Planning Board and Planning Staff were in favor of the proposed language for the text amendment. Planner Baird responded that both the Planning Staff and Planning Board were in favor of the proposed language. Chairman Davis asked if anyone from the audience would like to speak in favor of the proposed text amendment. No public comment was received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the proposed text amendment. No public comment was received. Hearing no further comments, Chairman Davis closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the language for Section 32-3(3)C as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 16.8. 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 8:55 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 9:31 P.M. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. Sid Salling requested the resignation of Ms. Jean McNeil, Director of Animal Control, because she had him arrested for 20 counts of animal cruelty. He presented a polygraph examination showing that he had never intentionally been cruel to any animal. He requested the Board to review the polygraph and check into the matter so Ms. McNeil could be removed from her position. Announcement of Planning Board Members Attending Future Meetings of the County Commissioners Mr. Walter Conlogue, a member of the Planning Board, advised that one or two members of the Planning Board would be attending future meetings of the Board of County Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 11, 2002PAGE 92 Chairman Davis expressed appreciation to Mr. Conlogue and members of the Planning Board for their interest in attending meetings. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 10:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board