Loading...
2003-11-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 811 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 3, 2003, 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; Deputy County Attorney Kemp Burpeau; and Clerk to the Board, Lucie F. Harrell. Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board of County Commissioners. INVOCATION AND PLEDGE OF ALLEGIANCE Associate Pastor Kenneth McAllister of The Rock of Wilmington gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis reported that the Clerk to the Board has requested removal of the September 15, 2003, minutes from the Consent Agenda. The minutes will be resubmitted on the November 17, 2003 agenda. Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Chairman Davis requested further discussion of Consent Agenda Item 8. He asked if the position classifications were new positions. County Manager O’Neal responded that the positions were not new jobs and explained that the reclassifications were needed to better define the duties and responsibilities of employees in those positions. Chairman Davis expressed appreciation for the explanation and called for a motion to approve the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented with removal of the minutes for September 15, 2003, to be resubmitted on November 17, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of the Board held on October 6, 2003, as presented by the Clerk to the Board. Adoption of Resolution Authorizing Assistant County Managers to Execute County Documents The Commissioners adopted a resolution to authorize the Assistant County Managers to execute County documents in the absence of the County Manager. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 21.1 Adoption of Resolution Approving Donation of 1999 Ford 15 Passenger Club Van to St. Luke Ministries, Inc. for the After School Day Care Program for Inner-City Children-At-Risk The Commissioners adopted a resolution approving a donation of a 1999 Ford 15-Passenger Club Van to St. Luke Ministries, Inc. for the After School Day Care Program as requested by the Sheriff. The conditions of the conveyance stipulate that the van will be used only for the After School Day Care Program, or such other purpose as the County may authorize, and that when the van is sold, proceeds from the sale shall be used exclusively for the After School Day Care Program. North Carolina General Statute 160A-279 authorizes the Board of County Commissioners to approve this transfer of property and the conveyance conditions to assure the property will be put to a public use. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 21.2. Acceptance of Federal Emergency Management Act Grant in the Amount of $20,160 to Update the Emergency Operations Plan and Approval of Associated Budget Amendment # 04-0076 The Commissioners accepted a Federal Emergency Management Grant in the amount of $20,160 and approved associated Budget Amendment # 04-0076 to update the Emergency Operations Plan to emphasize Terrorism Preparedness. The Emergency Management Director was authorized to sign the necessary grant documents. Budget Amendment # 04-0076-Emergency Management Adjustment Debit Credit Federal Emergency Management Act$20,160 Contracted Services$20,160 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 812 Explanation: To budget a grant awarded to the Emergency Management Department for Emergency Operations Planning. Acceptance of Keep America Beautiful Grant in the Amount of $1,315 from the N. C. Department of Environment and Natural Resources and Approval of Associated Budget Amendment # 04-0077 The Commissioners accepted a grant to Keep America Beautiful in the amount of $1,315 from the N.C. Department of Environment and Natural Resources and approved associated Budget Amendment # 04-0077. The project will involve a two-year reinvigoration of the "Care Grounds" program at Hugh MacRae Park with assistance from the Juvenile Day Treatment Center. The youth volunteers will plant native seedlings in pots in an irrigation field at Hugh MacRae Park, care for the seedlings, and then re-plant them in non-profit settings such as schools and parks throughout the community. The County's match will be the time dedicated to the project by Juvenile Day Treatment Center youth volunteers and staff. Budget Amendment # 04-0077-Environmental Management Adjustment Debit Credit Urban Forestry Grant$1,315 Department Supplies$1,315 Explanation: To budget a grant awarded to Environmental Management/Keep America Beautiful Division. Approval of Budget Amendment #2004-18 to Use $1,729,064 of the State Public School Building Capital Funds as Reimbursement for Expenditures Related to Parsley Elementary School The Commissioners approved Budget Amendment #2004-18 to use $1,729,064 of the State Public School Building Capital Funds as reimbursement for expenditures related to Parsley Elementary School. The Board of Education will use these funds for Murrayville Elementary School. Budget Amendment #2004-18-Public School Building Capital Project Fund Adjustment Debit Credit Public School Building Capital Fund$1,729,064 Extended Project Expense$1,729,064 Explanation: To increase the project budget for Parsley Elementary School approved for funding by Public School Building Capital funds. Acceptance of Grant Funds in the Amount of $107,380 from the Administrative Office of the Courts to Fund the Drug Court in New Hanover County and Approval of Associated Budget Amendment # 04-0074 The Commissioners accepted a “good faith” grant in the amount of $107,380 awarded from the Administrative Office of the Courts to fund the Drug Court in New Hanover County for FY 2003-2004. The County presently contracts with Coastal Horizons Center, Inc. to operate the program. No County match is required. Budget Amendment # 04-0074-Finance Adjustment Debit Credit Administrative Office of the Courts Grant$107,380 Contracted Services$107,380 Explanation: To budget a grant from the Administrative Office of the Courts to fund the Drug Court administered by Coastal Horizons Center, Inc. Approval of Six New Position Classifications to the Position Classification Plan The Commissioners approved the addition of the following position classifications: Health Program Administrator Pay Grade MG05 ($55,869 - $85,696) Revaluation Coordinator Pay Grade PT05 ($40,706 - $62,462) Community Services Coordinator Pay Grade PT07 ($46,405 - $71,178) Sr. Information Support Services Specialist Pay Grade PT05 ($40,706 - $62,462) Information Technology Development ManagerPay Grade PT09 ($52,083 - $79,893) Executive Assistant to the County Manager Pay Grade PT06 ($43,888 - $67,371) Approval of Expenditure from the Museum’s Grassroots Reserve Account for the Long-Term 20 th Century Exhibit and Approval of Budget Amendment # 04-0075 The Commissioners approved the transfer of Grassroots Science Museum Collaborative grant funds in the th amount of $50,000 for the Long-Term 20 Century Exhibit in the Museum and approved associated Budget Amendment #04-0075. A number of years ago, $50,000 of the Grassroots Science Museum Collaborative grant money was transferred to the Museum to begin a reserve account with the potential to earn income. Ultimately, the money was to be used for long-term improvements to the Museum. The Museum is now requesting approval to transfer the money back into the budget to be used for contracted services to hire an exhibits media design firm to assist with audio-visual and interactive NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 813 th components of the 20-Century exhibit. Budget Amendment # 04-0075-Museum Adjustment Debit Credit Contr/CF Museum Association$50,000 Transfer to Capital Project$50,000 th Explanation: To transfer funds from Cape Fear Museum Associates, Inc. for the 20-Century exhibit. Acceptance of a Land Donation from Bruce Jackson The Commissioners accepted a conservation and open space land donation for a remnant parcel from Bruce Jackson located off Myrtle Grove Road. The property adjoins a recently acquired estuarine island that was purchased as part of the Hurricane Floyd (FEMA) buyout program. This donation will provide a natural expansion to the County’s property located on the Atlantic Intracoastal Waterway (AIWW). A copy of the agreement is on file in the Legal Department. Approval of Budget Amendment #2004-16-Clean Water Management-Wetland Cells The Commissioners approved the following Budget Amendment: Budget Amendment # 2004-16-Clean Water Management-Wetland Cells Adjustment Debit Credit Sales Tax Refund$23,924 Interest on Investments$25,814 Extended Project Expense$ 2,854 Transfer to Environmental Management $52,592 Explanation: For accounting purposes only; to close fund 739-Clean Water Management.-Wetland Cells. Approval of Budget Amendment #2004-17-Federal Point Volunteer Fire Department The Commissioners approved the following Budget Amendment: Budget Amendment #2004-17-Federal Point Volunteer Fire Department Adjustment Debit Credit Sales Tax Refund$18,710 Interest on Investments$14,733 Extended Project Expense$43,686 Transfer to Fire Service District$77,129 Explanation: For accounting purposes only; to close fund 344-Federal Point VFD. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING NOVEMBER 16, 2003 AS WESTFIELD WORKS WONDERS DAY County Manager O’Neal announced that “ Westfield Works Wonders Day” is being sponsored by the Westfield Shoppingtown Independence Mall for the third year and the Board has been requested to adopt a proclamation declaring November 16, 2003, as the designated day. This is a charity extravaganza that will support over 54 local non-profit organizations. Last year, more than $50,000 was contributed to these organizations. Commissioner Caster read the proclamation into the record. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a proclamation declaring November 16, 2003, as Westfield Works Wonders Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 21.3. ADOPTION OF 2004 SCHEDULE OF REGULAR BOARD MEETINGS County Manager O’Neal advised that Lucie F. Harrell, Clerk to the Board, has prepared the 2004 Schedule of Regular Meetings and asked if any member of the Board would like to comment. After discussion of having only one meeting in July, Vice-Chairman Greer suggested changing the meeting scheduled for July 6, 2004 to July 12, 2004 to better accommodate the Fourth of July holiday. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 814 Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer to adopt the 2004 Schedule of Board Meetings with a change in the July meeting to July 12, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS Presentation of Additional Items by Commissioner Caster The following items were presented by Commissioner Caster: •Commissioner Caster passed out an article published in USA Today regarding the cost of sewer overhauls that increase rates and he requested the members of Board to read the article. •Commissioner Caster reported on attending the celebration of the Municipal Complex at Carolina Beach and stated that Mayor Rothrock was complimentary of the support given by the County to the Town of Carolina Beach. Presentation of Additional Item by Commissioner Boseman The following item was presented by Commissioner Boseman: •Commissioner Boseman reported that the Medical Center Board of Trustees had received a booklet on the candidates for the CEO position at the Medical Center and noted that some highly qualified people had applied for the position. She offered to share the information with the Commissioners and reported that a meeting was scheduled on Thursday, November 6, 2003, to decide on the candidates to be called for interviews. Presentation of Additional Item by Chairman Davis The following item was presented by Chairman Davis: •Chairman Davis reported on faxing a copy of a letter from Governor Michael F. Easley and Lieutenant Governor Beverly Perdue regarding the N. C. Economic Development and the N. C. Advisory Commission on Military Affairs hosting a Military Summit at the Ft. Bragg Officers Club on November 13, 2003 to discuss the proposed realignment and closing of military bases throughout the country. He noted that since North Carolina houses the third largest military population in the United States and is home to five major military installations that contribute more than $9 billion annually to the State’s economy, it is critical for the military communities to prepare the State’s response. After discussion of the need for a Commissioner or a member of Staff to attend the meeting, the Board requested County Manager O’Neal to attend the Military Affairs Summit. ADDITIONAL ITEM - COUNTY MANAGER Announcement of the Arboretum’s Ability Garden Program Being a Finalist in the Contest Sponsored by the “The View” an ABC Daytime Talk Program County Manager O’Neal requested Public Information Officer Mark Boyer to report on the Ability Garden Program at the Arboretum. Public Information Officer Mark Boyer reported that the Arboretum and New Hanover County Television produced a video two months ago about the Ability Garden at the Arboretum. The ABC network daytime talk program, “The View,” sponsored a contest to host the program from your hometown. New Hanover County submitted the Ability Garden video to enter the contest. The County was selected as one of the fifteen finalists and this figure was narrowed to four with Charleston, South Carolina selected the as the City to host The View. The County did not win any money but a consolation prize will be received. Commissioner Pritchett requested Mr. Boyer to explain the purpose of the Ability Garden. Public Information Officer Boyer advised that the Ability Garden is a program for people who have handicaps. It allows these individuals to visit the Arboretum and experience life outside of their homes. They learn how to garden and plant flowers. Tables are made to accommodate people in wheelchairs and special tools are provided to allow everyone to participate in the program. Anyone visiting the garden can purchase a house plant planted by a participant of the Ability Garden. Chairman Davis congratulated Public Information Officer Boyer for a job well done and expressed appreciation to the Arboretum for providing this outstanding program. 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 5:49 p.m. Chairman Davis reconvened to Regular Session at 5:54 p.m. PUBLIC HEARING TO CONSIDER 2004 NC SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE SCATTERED SITE HOUSING PROGRAM (SSHP) Chairman Davis opened the Public Hearing and informed the audience that this was the second Public Hearing NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 815 for citizen to comment on the proposed 2004 Scattered Site Housing Program. He requested Staff Planner Wanda Coston to make the presentation. Staff Planner Wanda Coston announced that in order for the County to comply with Federal and State CDBG regulations, a second Public Hearing is required to receive public comments on the implementation of the proposed SSHP. CDBG regulations also require that strategies are developed that identify and make available opportunities in employment and procurement to low income citizens within the County to the greatest extent feasible. The plans to implement these strategies were presented to the Board at the October 20, 2003 meeting. She requested the Board to adopt the proposed Equal Employment and Procurement Plan and the Local Economic Benefit Plan for the 2004 CDBG Program in accordance with Federal and State CDBG Regulations. Chairman Davis asked if anyone from the audience would like to speak on the proposed plans. Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the New Hanover County Equal Employment and Procurement Plan and the New Hanover County Local Economic Benefit Plan for the 2004 CDBG Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the adopted plans are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 21.4. PUBLIC HEARING TO CONSIDER REQUEST FROM DESIGN SOLUTIONS FOR ELTON TUCKER, TRUSTEE, TO REZONE APPROXIMATELY 20.88 ACRES OF PROPERTY LOCATED AT 5960 CAROLINA BEACH ROAD IN THE SOUTHWESTERN QUADRANT OF THE INTERSECTION OF SANDERS ROAD AND CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO CD(B-1) CONDITIONAL USE B-1 (Z-769, 09/03) Chairman Davis opened the Public Hearing and announced that the conditional use process 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: Dexter Hayes Elbert M. Basnight Cindee Wolf Kenneth Orndoff Carla Gay Lyon Chairman Davis announced that the Public Hearing would be conducted by allowing Staff to make a presentation followed by 15 minutes for the petitioner to make a presentation and 15 minutes for the opposition to make a presentation with a 5 minute period for a cross examination/rebuttal period for the petitioner and opponents. Chairman Davis requested Planning Director Hayes to make the presentation. Planning Director Hayes presented a map and slides of adjacent properties and the site plan. He advised that the petitioner was requesting a CD(B-1) Conditional Use Neighborhood Business rezoning with a Special Use Permit for Limited Commercial Uses and Residential Uses. The subject property is located in the southwestern quadrant of the intersection of Carolina Beach Road and Sanders Road. Although the property has approximately 285 feet of frontage on Carolina Beach Road and 728 feet of frontage on Sanders Road, the site does not actually include the corner of the intersection. There are several commercially zoned lots that separate the subject property from Carolina Beach Road. The rear of the property is directly adjacent to the Beau Rivage Subdivision, which has an existing 30-foot buffer strip within the property boundary. The proposed site plan for the project shows approximately 150,000 square feet of retail, commercial and office space as well as 26 residential units. The list of permitted uses shown on the plan are permitted in the B-1 Neighborhood Business District. Recent adjustments to the plan have allowed for additional preservation of existing vegetation and indicate two or three mixed-use type buildings. There are two access points on Carolina Beach Road and one access to Sanders Road. The Traffic Impact Analysis for the project recommends several improvements to the intersection of Sanders Road and Carolina Beach Road. There will also be other turn lanes required by the NCDOT for individual entrances on Carolina Beach Road and Sanders Road. With the amount of development occurring in this area, the intersection of Carolina Beach Road and Sanders Road is a desirable location for neighborhood services to allow people from River Road to obtain the necessary services without leaving their communities or adding trips to Carolina Beach Road. The adopted Thoroughfare Plan also shows a plan to extend a thoroughfare from the Sanders Road Intersection to the northeast ultimately connecting to Masonboro Loop Road, adding to the desirability of this location as a commercial district. In anticipation of the existing and planned growth in the area, Staff recommends approval with the conditions listed in the findings. Planning Director Hayes reported that when the developer presented the proposed project and site plan at the Planning Board meeting held in September, the Planning Board voted to continue the request for the developer to address concerns about drainage, architectural design features, landscaping and lighting. The developer returned and presented a revised site plan to the Planning Board on October 2, 2003. After reviewing the elevations for the architectural styles and outdoor light fixtures, the engineering consultant answered NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 816 questions regarding grading and drainage. The developer also noted that discussion had been held with neighbors and an agreement was reached on specific buffering material adjacent to Beau Rivage. Although most of the items raised at the September meeting had been addressed, several members of the Planning Board were still concerned about the proposed drainage plan. Other members also felt that the project did not adequately incorporate the intended mixed-use concept of Section 72-38 of the Zoning Ordinance. After a lengthy discussion, a motion to deny the project failed and a substitute motion for approval with conditions passed by a 4 to 3 vote. The Planning Board recommends approval with the following conditions added to the accompanying Special Use Permit: 1) The developer shall make all improvements to the Sanders Road intersection as recommended in the Transportation Impact Analysis and the driveways on Carolina Beach Road shall be consolidated. 2) To provide as much inter-connectivity as possible, access shall be provided from the proposed project to the rear of the lots that front on Carolina Beach Road. 3) Provide a pedestrian easement to the Beau Rivage Subdivision. 4) The buffers against the Beau Rivage Subdivision shall meet the minimum County standards and include an 8-foot high opaque fence and 2 rows of Leyland Cypress. 5) To maintain the two existing Conservation Overlay District Cypress Ponds as shown on the site plan, the site shall be engineered to ensure that the water table remains at the existing level. Planning Director Hayes entered the following findings of fact 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: •The subject property is located within the Myrtle Grove Volunteer Fire District. •Proposed access to the site is from Carolina Beach Road and Sanders Road. Carolina Beach Road is classified as an Arterial Road and Sanders Road is classified as a Collector Road. •The site is served by private water and sewer. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.All the uses listed on the site plan are permitted by right or by Special Use Permit in the B-1 Neighborhood Business District. B.A site plan meeting the setback and buffer requirements of the Ordinance has been submitted. C.The site plan shows two (2) access points on Carolina Beach Road and one (1) on Sanders Road. D.There are 26 proposed residential units. The overall commercial square footage proposed is 150,000 square feet with three possible mixed use buildings. E.There are two existing natural ponds on the site that are regulated by the County Conservation Overlay District. There is a third natural pond that does not meet the minimum area requirements for protection. F.A traffic impact analysis has been submitted and reviewed for the project. 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 subject property is generally located at the intersection of Sanders Road and Carolina Beach Road. B.The buffer strips shown on the site plan meet the minimum requirements of the ordinance. C.There is an additional 30 foot buffer existing along the back side of the lots in the adjacent Beau Rivage Subdivision. D.No evidence has been presented that the proposed project will negatively affect adjoining property values. 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 site is classified Limited Transition by the New Hanover County Comprehensive Land Use Plan. The purpose of the Limited Transition class is to provide for development in areas that will have some services but at lower densities than those associated with Urban Transition. The use of clustering and planned unit developments is encouraged. These areas were previously designated as transition and were intended to provide for more intensive future development. However, the provision of public services has been scaled back and less intensive development is planned. B. The adopted Thoroughfare Classification Plan shows the extension of Sanders Road to the northeast. C. There is a significant amount of residential development proposed and under construction close to the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 817 In concluding the presentation, Planning Director Hayes reported that since the Planning Board meeting, the developer had modified the pond design by removing the pond site located next to Beau Rivage to include an infiltration system. The Planning Staff and some members of the Planning Board felt this was an improvement to the overall design because the modification would accommodate drainage under the parking lot space without a separate stormwater facility. Chairman Davis asked if the request was consistent with the Land Use Plan. Planning Director Hayes responded that Staff feels the request is consistent with the Land Use Plan because the corner adjacent to the site is already an established commercial corner and the proposed plan would incorporate an element of mixed use, which is encouraged in the polices of the Land Use Plan. Chairman Davis asked if modification to the stormwater management system would justify returning this item to the Planning Board. Planning Director Hayes advised that since the square footage and the layout of the buildings had not been modified, it would not be necessary for the item to be heard again by the Planning Board. Chairman Davis stated at the Staff Meeting, the Board requested the Planning Staff to contact the three members of the Planning Board who voted in opposition of the request to see if the modifications had addressed their concerns. Planning Director Hayes responded that two members did not feel the modifications would sway their votes because they were still concerned about the overall design of the mixed, commercial, and residential uses within the project. One member felt that the modifications were an improvement in the overall design of the project. Chairman Davis asked if the Board was comfortable with hearing this request in view of the changes, or if the Board would like for the modified request to be heard again by the Planning Board. Commissioner Caster responded that since the modifications did not change the square footage or layout of the buildings, he could not support sending the request back to the Planning Board. Commissioner Pritchett referenced the space on the map between the proposed change and the lower B-2 space and asked if this area was zoned R-15 Residential. Planning Director Hayes responded that a mobile home park was located in this area. Commissioner Pritchett asked if the lots backing up to the property in Beau Rivage had been developed and occupied. Planning Director Hayes responded that 30 to 40 percent of the lots have already been developed with homes on the property. Chairman Davis requested the petitioner to step forward to testify and respond to questions. Ms. Cindee Wolf stated that she was representing Elton Tucker, the petitioner, and the potential developer of the property. Chairman Davis asked Ms. Wolf if the petitioner agreed with the findings as presented by Planning Director Hayes and the five conditions recommended by the Planning Board. Ms. Wolf responded that the petitioner agreed with the findings of fact as presented and the conditions recommended by the Planning Board. Chairman Davis asked if the petitioner understood that if the Commissioners hear the request and it is denied, that a period of 12 months will be required before the request can be resubmitted to the Board of County Commissioners. Ms. Wolf responded that the petitioner and developer were aware of the 12-month waiting period and stated they would like to proceed with the hearing. Ms. Wolf reported that the subject property was not appropriate for residential development because of surrounding commercial uses and heavy traffic on Carolina Beach Road. The 21-acre tract includes a large wooded area with Cypress Ponds, and the site design has taken advantage of this by providing commercial uses along the corridor with minimal impact to the natural character of the area near the ponds. The property is also adjacent to a signalized intersection with Sanders Road which will be helpful to persons accessing the property. A site plan was presented of the proposed development of Beau Rivage Marketplace showing three subsections of the project: (1) a grocery store/retail use with adjacent buildings opposite the grocery to be used for other retail purposes; (2) two-story buildings on the southern section of the property with a pedestrian friendly street scape that will house specialized retail uses on the first floor and offices on the second floor; and (3) an area for 26 town homes. The development will be controlled by restrictive covenants to be enforced by a Homeowners Association. All ordinance requirements have been met or exceeded for setbacks, buffer yards, and the amount of internal landscape features in and around the buildings and parking areas. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 818 The developer has worked extensively with residents in Beau Rivage, particularly with persons along the frontage of the property. Meetings have been held with concerned property owners, the President of the Beau Rivage Homeowners Association and the Association Board to explain the project. From this input, the developer agreed to provide an opaque 8-foot fence and two rows of Leyland Cypress in addition to retaining the existing vegetation and width of buffer areas required. Stormwater management has been an issue of concern. The original proposal had a pond at the rear of the grocery facility but after studying the issue, the plan was redesigned to include an infiltration system because of sandy soils. The developer worked with a representative from the N. C. Department of Environmental and Natural Resources to design the system. There will be a series of underground basins under the parking areas from the town homes through the street scape and commercial development. The infiltration system will discharge the groundwater on the entire site not in one specific area. Regulated trees have been located and the significant trees found were around the ponds and conservation areas. With the 75-foot setback around the pond area, the site will remain in a natural state. Some pine trees will have to be removed on the site designated for the grocery store; however, a maximum amount of existing vegetation will be preserved on the site. The proposed use will not endanger the public health or safety, all conditions and specifications in the Zoning Ordinance have been met, the use will not injure the value of adjoining property, and the use will be in character and harmony with the surrounding area. In concluding the presentation, Ms. Wolf requested the Board to approve the request and stated that she would be glad to answer questions. Vice-Chairman Greer requested an explanation of the first condition recommended by the Planning Board which says that driveways on Carolina Beach Road should be consolidated. Ms. Wolf responded that the developer will work with existing property owners who have driveways on Carolina Beach Road to make changes to reduce the number of driveway cuts; however the developer cannot demand the property owners to agree to these changes. If changes are made, NCDOT regulations will have to be met. Chairman Davis asked if anyone from the audience would like to present testimony in favor of the request. Hearing no comments, Chairman Davis asked if anyone from the audience would like to present testimony in opposition to the request. Ms. Carla Gay Lyon, an adjacent property owner, expressed concern for removal of the pond near the commercial property, noise from the commercial uses, removal of longleaf and loblolly pine trees, and stormwater discharge into the Cypress Ponds. She requested the Board to give these items consideration before approving the request because the proposed project could create more flooding in the area. Chairman Davis requested Ms. Wolf to address the concerns referenced by Ms. Lyon. Ms. Wolf responded that the buffer to the adjacent lot would be over 100 feet which will be adequate to address the noise issue. The buffer will be comprised of 42 feet of existing vegetation, an 8-foot fence with a double row of Leyland Cypress and 30 to 40 feet of distance from the commercial uses backing up to the residential property. She also noted that elimination of the pond would benefit the property because the infiltration system will allow the stormwater to be spread over the entire site. When land is developed, State and County standards must be met. One of the requirements is that no more water leaves the site in its developed state than in its natural state. Under the New Hanover County Zoning Ordinance, all trees must remain in the conservation area, buffer yards, street yards, and green spaces. When the construction plans are finalized, there may be some loblolly and long leaf pine trees that can be saved. Chairman Davis asked Ms. Lyon if the statements made by Ms. Wolf addressed her concerns. Ms. Lyon responded that her concerns had been addressed. Commissioner Pritchett requested an explanation of the lighting that will be used around the commercial facility. Ms. Wolf responded that roof level, not high lighting, will be used with the light directed in different angles. Chairman Davis expressed appreciation to Ms. Wolf and the developer for working with the people in Beau Rivage on the proposed project. Hearing no further comments, Chairman Davis closed the Public Hearing. He informed the Board that rezoning the property would be required before consideration could be given to granting a Special Use Permit for the mixed uses. He requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the request by Design Solutions for Elton Tucker, Trustee, to rezone approximately 20.88 acres of property located at 5960 Carolina Beach Road at the intersection of Sanders and Carolina Beach Roads from R-15 Residential to Conditional Use B-1. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Boseman voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 819 OF ZONING AREA 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 66. Chairman Davis called for a motion to grant a Special Use Permit for the mixed uses. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to grant a Special Use Permit to Design Solutions for Elton Tucker to construct a project comprised of a mixture of Residential, Office and Commercial uses in a Conditional Use Neighborhood Business District located at 5960 Carolina Beach Road subject to the five conditions recommended by the Planning Board based upon the evidence presented and findings of fact concluding that: (1) 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; (2) the use meets all required conditions and specifications of the Zoning Ordinance; (3) the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and (4) 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 3 to 2. Commissioner Boseman and Commissioner Pritchett voted in opposition. Commissioner Boseman expressed concern for not receiving the minutes of the Planning Board before making a decision because one member was quite concerned about the design of the project. Commissioner Pritchett noted that if the design of the site plan had been prepared for the residential use to back up to the existing residential property, she would have been more satisfied with the plan. She stated that she had lived in a house where a commercial use backed up to her property and noted that it was not an ideal situation. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 20. PUBLIC HEARING TO CONSIDER A REQUEST BY KEITH CALDER FOR BRUCE CAVENAUGH TO REZONE APPROXIMATELY 0.92 ACRE LOCATED BETWEEN THE 100 AND 200 BLOCK OF JUDGES ROAD FROM R-15 RESIDENTIAL TO I-1 LIGHT INDUSTRIAL (Z-770, 10/03) Chairman Davis opened the Public Hearing and announced that no one had signed up to speak. He requested Planning Director Hayes to present the recommendation from the Planning Board. Planning Director Dexter Hayes presented a map and slides of the property and reported that the petitioner is requesting a rezoning from R-15 Residential to I-1 Light Industrial. The property is located on Judges Road behind an existing Automobile Dealership. The subject property is classified by the New Hanover County Comprehensive Land Use Plan as Developed and is within the Urban Services Boundary. The subject property is part of a strip of R-15 lots that is surrounded by a large I-1 District. The I-1 District was established when the area was originally zoned in 1971. Although the large I-1 parcel behind the subject property is currently vacant, there is an existing industrial park across Judges Road and an existing car lot adjacent to the property. The strip was not included in the I-1 District in 1971 because of existing residences and several homes that were being used as group homes. Planning Director Hayes reported that Attorney Keith Calder presented the request for Mr. and Mrs. Cavenaugh at the Planning Board meeting held on October 2, 2003. No one spoke in support or opposition to the request. After a brief discussion, the Planning Board voted unanimously to recommend approval with inclusion of the Judges Road right- of-way as part of the I-1 rezoning. Chairman Davis asked Planning Director Hayes if the request was consistent with the Land Use Plan. Planning Director Hayes responded that the use was consistent with the Land Use Plan because of existing industrial uses along this corridor. Chairman Davis asked if the petitioners would step forward to answer questions. Attorney Keith Calder, representing Bruce and Alice Cavenaugh, advised that he would be glad to answer any questions. Chairman Davis asked Attorney Calder if the petitioners understand that if the request is denied by the Board of County Commissioners, the rezoning application cannot be resubmitted for 12 months. Attorney Calder responded that Mr. and Mrs. Cavenaugh were aware of this fact and they would like for the case to be heard by the Board. Attorney Calder referenced the yellow crosshatched area on the map that is already owned by Mr. and Mrs. Cavenaugh and stated that the property is partially developed. In reviewing the Land Use Plan, it was found that there is a deficiency of I-1 zoning in the County. This strip of R-15 property is not suitable for residential development because of surrounding commercial properties. He requested the Board to rezone the 0.92 of an acre to I-1 Light Industrial and stated that the rezoning would not harm any surrounding properties. Chairman Davis asked if anyone from the audience would like to speak in opposition to the request. Hearing no comments, Chairman Davis asked if Mr. Cavenaugh would like to speak. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 820 Mr. Cavenaugh requested the Board to approve his request. He also complimented the Planning Board for the manner in which the request was heard and stated that intelligent, sharp and probing questions were asked which made him feel good about living in a County where planning issues are of importance. There being no further comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve rezoning approximately 0.92 acre of property located between the 100 and 200 block of Judges Road from R-15 Residential to I-1 Light Industrial including the entire width of the Judges Road right-of-way in front of the two parcels. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 76. CONSIDERATION OF REQUEST BY PLANNING STAFF TO AMEND THE THOROUGHFARE CLASSIFICATION PLAN TO RECLASSIFY THE ENTIRE LENGTH OF RIVER ROAD TO COLLECTOR ROAD STATUS (TCM-9, 10/03) Chairman Davis opened the Public Hearing and requested Planning Director Hayes to make the presentation. Planning Director Hayes reported that Staff presented an amendment to the Thoroughfare Classification Plan to the Planning Board on October 2, 2003, to reclassify the entire length of River Road from a Local Road to a Collector Road status. The request was made because of the activity occurring on River Road. There was no opposition present at the meeting and the Planning Board voted unanimously to recommend approval. Planning Director Hayes advised that according to the 2001 NCDOT Average Daily Trip Generation Study, River Road between Sanders Road and the City Limits carries approximately 2,100 average daily trips (ADT) and 1,800 ADT from Sanders Road to Carolina Beach Road. River Road serves as a link between arterial facilities, serves inter-community trips, and provides access to major traffic generators. In addition, the NCDOT has confirmed that River Road has a 100 foot unrecorded right-of-way, 28 feet of pavement including bike lanes 4 feet wide, and a 2 foot grassed shoulder which exceeds the design criteria for the Collector Road status. These factors justify the reclassification of River Road from a Local Road to a Collector Road status. The purpose of these road classifications is to assist the Board of County Commissioners and Planning Board to make intelligent decisions regarding changes of land use or residential development. Chairman Davis asked if the proposed road classification for River Road would be consistent with the Land Use Plan. Planning Director Hayes responded that the classification would be consistent with the Land Use Plan. Vice-Chairman Greer asked if the change in classification would offer any more rights and/or privileges to the property owners. Planning Director Hayes explained that the road classification would make the property eligible for changes related to residential density or height provisions because the road right-of-way and travel width do make a difference. Vice-Chairman Greer asked if the Board should be concerned with River Road not being eligible for these changes under its existing classification. Planning Director Hayes responded that the activity on any road should be recognized and the road should be reclassified if needed. Chairman Davis asked if anyone from the audience would like to speak in favor of the road reclassification. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition to the road reclassification. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the request to amend the Thoroughfare Classification Plan to reclassify the entire length of River Road to a Collector Road status. 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 XXVIII, Page 21.5. SECOND READING OF CONTRACT TERMS FOR THE COUNTY-WIDE SOLID WASTE COLLECTION SYSTEM Chairman Davis reported that a franchise requires two readings and stated that the first reading was held on August 18, 2003, and the Board of County Commissioners voted 3 to 2 to proceed with implementing a county-wide solid waste collection system at a fee of $25 per month for collection of garbage, yard waste, bulky items and recycling. When the Board scheduled the second reading of the franchise on September 15, 2003, he and Commissioner Boseman were concerned about the amount of the $25 fee. The waste haulers agreed to meet with Staff to see if the monthly fee NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 821 could be reduced by offering different options. In an effort to allow this meeting to be held, the Board continued this item until November 3, 2003. Chairman Davis also noted that the Star News incorrectly stated that he and Commissioner Boseman had changed their votes, which was not possible because no vote was taken at the September 15, 2003 meeting. Chairman Davis advised that after negotiations with the haulers, two options were recommended: Collection of garbage and yard waste $19.10 per month Collection of garbage, yard waste, and recycling $22.00 per month Chairman Davis advised that another concern was for individuals who cannot afford to pay the monthly fee. From the number of phone calls and emails received, there are a number of senior citizens on a fixed income and disabled persons who are worried about paying the fee. Staff has suggested using the Assisted Living Provision exemption which will allow the County to reduce the monthly fee for these individuals. The difference will be paid by the County. Director Church explained that the Assisted Living Provision applies to persons who are eligible to apply for the Homestead Exemption Act. The exemption information is available through the Tax Office or the Environmental Management Department. In addition to this exemption, there is a provision to provide back door collection to persons physically unable to carry trash containers to the road for pick-up. Under the proposed plan, there will be no charge for the back door collection. Most solid waste collections systems would charge double for back door collection. Chairman Davis explained that in order for a person to be eligible to qualify for the Homestead Exemption Act, the annual income could not exceed $18,000. He advised that the annual income level increased in FY 2002-2003 to $18,500 and will increase to $18,800 in the next fiscal year. Commissioner Pritchett stressed the importance of everyone understanding that in order to be eligible for the Homestead exemption for tax purposes, a person has to meet the income level and be 65 years of age or disabled. She explained that income level would be the basis for determining any fee reduction in the county-wide solid waste collection system. Chairman Davis expressed appreciation to Commissioner Pritchett for clarifying this issue and stated that the eligibility criteria under the county-wide collection system would be based on the income level. In further discussion of the exemption for the monthly collection fee, Chairman Davis asked how much assistance would be given to a person qualifying for the exemption. Mr. Jason Hale, Solid Waste Planner, advised that the City provides over a 50% reduction in the monthly fee for persons eligible to receive the exemption. He stated that Staff will be looking at a similar formula. Chairman Davis commented on the need to be consistent and suggested that Staff use the City’s formula. Commissioner Pritchett commented on elderly neighbors sharing a container because the amount of garbage generated did not require two containers. She asked Director Church if it would be possible to bill one person with the two individuals settling the differences. She also asked if a person owning a business and paying a monthly fee for a dumpster can continue to dispose of trash generated at home in the dumpster without having to pay another monthly fee. Director Church responded both of these items had been discussed but no decision had been reached. He offered to check into this matter and report back to the Board. Chairman Davis stated that he had been in favor of a county-wide collection system since 1996 and advised that he planned to vote in favor of implementing this type of system in the unincorporated county. He expressed appreciation to the haulers for inviting Commissioner Boseman and him to attend a meeting to discuss the proposed collection system. He stated that the meeting was most informative and beneficial in helping him to better understand the system. Chairman Davis informed the Board that a decision had to be made on what services to provide in a county-wide solid waste collection system. He stated that personally he would like to implement a system to collect garbage and yard waste at a fee of $19.10 per month with the Assisted Living Provision for persons who need help to pay the monthly fee. Director Church informed the Board that the fee negotiated for collection of garbage and yard waste was $19.95 instead of the $19.10. He apologized for not pointing this out during the previous discussion. Chairman Davis responded that he thought the fee was $19.95 and stated that he did not say anything because he felt the fee could be further negotiated. He stated for clarification the correct fees negotiated with the haulers are as follows: Collection of garbage and yard waste $19.95 per month Collection of garbage, yard waste, and recycling $22.00 per month In further discussion of disposal, Director Church explained that bulky items will be picked up on a call-in basis to the hauler serving each zone. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 822 Sergeant John Murray spoke on being the enforcement officer for illegal dumping and stated that it was amazing to see the number of bulky items, such as refrigerators, couches, shingles, tires, etc. illegally dumped in the woods. He advised that large items are difficult to move and stated that the NCDOT has been helpful in transporting these goods to the Landfill. In concluding his remarks, Sergeant Murray stated that in his opinion to include the collection of bulky items as part of the collection system would reduce the amount of illegal dumping in wooded areas and along roadsides. After hearing no further comments from members of the Board, Chairman Davis asked Director Church if he had any additional comments. Director Church spoke on discussing a mandatory trash collection system in the unincorporated county for the past 15 years. He advised that three Solid Waste Advisory Boards had been appointed during this period and all have recommended implementing a mandatory trash collection system in the unincorporated county. The Comprehensive Land Use Plan and Solid Waste Management Plan have recommended implementing a mandatory system. A tremendous amount of effort and compromising has occurred between Staff and the waste haulers, which has been an educational process and created a better understanding of the issues involved. He expressed appreciation to the haulers for their cooperation and he requested the Board to adopt the county-wide solid waste collection system. Chairman Davis advised that Mr. Ernest J. Puskas had signed up to speak and he requested him to present his comments. Mr. Ernest J. Puskas, a resident of 3504 Prince George Avenue, Castle Hayne, North Carolina, expressed concern about the proposed county-wide solid waste collection system being fair to all citizens living in New Hanover County. He stated that he had a home on 25 acres of land and handles his own yard waste; therefore, he does feel he should pay for anybody else’s disposal of yard waste collection. He also noted that persons owning businesses and paying a monthly fee for a dumpster should not be charged another fee, and stated that elderly people who manage their own trash should not have to pay a monthly fee. In concluding his remarks, Mr. Puskas stated that the Board is holding a second reading of the franchise contract and the Commissioners appear to be unsure about the monthly fee, the items to be collected, how the fee for business owners with dumpsters will be handled, and how the elderly people can be helped if they cannot afford to pay the monthly rate. He urged the Board to postpone taking action until all of these issues have been settled. He also stated that if the Board decides to take action, he would request that the yard waste collection be eliminated from the services to be provided. Chairman Davis requested Director Church to comment on the yard waste collection component of the proposed system. Director Church reported that State regulations prohibit the disposal of yard waste into landfills. As the result of the May 2003 storm, the County is diverting all residential waste to the Landfill which is in violation of the yard waste ban. The intent of the yard waste ban was to remove yard waste from the waste stream to preserve space in the landfill and create by-products that can be used, such as fuel for industrial boilers or compost. Commissioner Pritchett pointed out that 30% of solid waste generated is yard waste and stated in New Hanover County, the volume is larger because of a long growing season. She presented a teaching tool called the “garbage pizza” showing the volume of yard waste compared to metals and other items. She stressed the importance of removing this volume of yard waste from the waste stream. Vice-Chairman Greer expressed concern for the manner in which the Board was handling this item. He advised that the first reading of the franchise contract was held on August 18, 2003 with a 3 to 2 vote taken to implement a county-wide solid waste collection system as presented in the terms of the contract. The Board is now holding a second reading for the purpose of voting on the item since a unanimous vote was not received at the first reading. Instead, the Board has heard various issues regarding the monthly rate, services to be provided, and other items in an effort to sway the vote of the Board. He suggested not using this procedure in future readings of ordinances. Chairman Davis asked Assistant County Attorney Holt Moore if the matter was handled legally when the item was continued at the September 15, 2003, meeting to allow time for Staff to meet with the haulers to see if a lower rate could be negotiated. Assistant County Attorney Moore responded at the September 15, 2003 meeting, the question was asked if the second reading could be continued to negotiate with the haulers to see if a lower monthly rate could be negotiated, and the Legal Department informed the Board that if some changes occurred at the second reading, it would still qualify as the second reading. Chairman Davis expressed appreciation to Mr. Moore for the explanation and advised that a former County Commissioner and member of the Solid Waste Advisory Board was present and would like to speak. Mr. Buck O’Shields reported that he had served on two of the three Solid Waste Advisory Boards appointed to discuss implementing a county-wide solid waste collection system during the past 15 years. He advised that a milestone has been reached with the proposed collection plan because the waste haulers for the first time cooperated and joined Staff in developing a good trash collection plan for the unincorporated county. The Wilmington-New Hanover County Land Use Plan adopted in 1997 shows that a majority of the residents living in the County want a county-wide solid waste collection system. The haulers have agreed and this system will be an important part of the County’s future. Implementation of the proposed plan will allow the Environmental Management operation to be self- NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 823 sufficient with no subsidy from the General Fund. He urged the Board to implement the proposed county-wide solid waste collection system. Mr. Benny Herring advised that under a franchise system the haulers will have to make a profit and the monthly fee will continue to increase. Many people in the County pay only $12 for their collection system and to increase this rate will hurt persons on a fixed income and the elderly. He requested the Board to consider these items before adopting the plan. In closing, Mr. Herring suggested closing the incinerator instead of implementing a mandatory trash collection service to keep the incinerator open. Mr. Wade Pope, a resident of 4311 Parmele Road, Castle Hayne, N. C., spoke on owning a small trailer park with a rollout cart for each mobile home and stated that the monthly collection fee is $12 per month. The monthly rent for a mobile home is $125 and has not been increased for a number of years to allow elderly people to stay in their homes. He stated if the collection fee is raised to $19.95 or $25.00, he will be forced to increase monthly rental rates which will force these people out of their homes. Under the existing free enterprise system, the residents have been able to manage the trash collection fee and monthly rent; however, when government becomes involved in a service, the price will continue to increase. He urged the Board to oppose the proposed collection system. Chairman Davis requested Mr. Jim Auten, a representative of Waste Industries, to step forward to answer some questions. Mr. Auten advised that he would be glad to answer questions. Chairman Davis asked Mr. Auten if any special consideration could be provided for a person who lives alone in an apartment complex and has no yard waste. Mr. Auten responded that any concessions given to persons in these types of situation would depend upon the terms and conditions of the contract. He advised that the haulers would be glad to discuss these issues with Staff. Vice-Chairman Greer stated that the haulers have entered in a contract with the County because they will gain more customers. He stated that under a mandatory trash collection system, it would not be legal to allow the haulers to make concessions to one person and not to another. The terms in the contract should be for all or none. Assistant County Attorney Moore responded that allowing flexibility in the contract is the first time this issue has been discussed; therefore, this matter should be reviewed by the Legal Department to know how the condition will be implemented. For example, if a waste hauler was given the ability to determine who would qualify for a 3-household, one garbage container arrangement in one zone and a difference was made by another waste hauler in another zone, there would be a problem with treating everyone equally. Any condition included in the contract should be reviewed by the Legal Department before action is taken by the Board. Commissioner Pritchett stated that she felt the proper collection and disposal of solid waste was a service as necessary to residents in a modern society as the delivery of clean water and electricity. It is unfortunate that some residents have been provided this service at a lesser cost than others, meaning that some are subsidizing the cost for the privileged few. She stated that she also understands that circumstances vary from person to person. Motion: Commissioner Pritchett MOVED to approve the franchise agreement as provided for collection of garbage and yard waste at $19.95 per month with the following provisions: Once the franchise is implemented, persons may contact the hauler assigned to their area and provide the details of an alternate location and/or circumstances of their trash disposal. For example, their trash must be properly deposited in an approved location such as commercial dumpster with the owner’s permission or that arrangements have been made for a shared trash can. This does not preclude other such arrangements. Further, those who would qualify for the Homestead Exemption by income standards have their collection charges subsidized by the County with these exemptions being granted by the Department of Environmental Management. All citizens are to be notified of these special arrangements prior to the implementation of the franchise service. Chairman Davis SECONDED THE MOTION. Chairman Davis noted that it would be nice to include the recycling in the motion; however, persons wishing to recycle can use the drop-off sites. Commissioner Pritchett advised that residents do have the option of carrying recyclable goods to the drop-off stations; however, the volume of yard waste was the main reason for including this service in the motion since it far outweighs the volume of recyclables. Chairman Davis advised that it was difficult to make everyone happy and stated that the motion on the floor is reasonable and good way to move forward with a collection system. Commissioner Pritchett also noted that recycling could be added at a future date which will make it easier for the haulers since it will not be necessary for them to purchase all types of trucks at one time. Chairman Davis noted that when meeting with the haulers, he learned that a different truck is used for recycling, yard waste, bulky items, and garbage. This means that a tremendous amount of equipment will have to be purchased by the haulers. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 824 Vice-Chairman Greer asked if the haulers are still willing to provide the services at the same price since the proposed exemptions will reduce the number of customers in their zones. Chairman Davis responded that the $19.95 price was offered by the haulers. Vice-Chairman Greer responded that he thought the $19.95 rate was for a certain amount of customers in a designated area and did not include the exemptions. Commissioner Pritchett responded that the number of people to be exempt would be a minuscule number. Chairman Davis asked if any waste hauler present and involved in the franchise was not satisfied with providing the garbage and yard waste collection at $19.95 per month. Hearing no comments from the haulers, Chairman Davis called for a vote on the motion. Upon vote, the MOTION FAILED TO CARRY by a 2 to 3 vote: Voting Aye:Chairman Davis Commissioner Pritchett Voting Nay:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Chairman Davis advised that the existing collection system will remain in place since the motion failed. He again expressed appreciation to the haulers for the cooperation shown in trying to work with the County to provide a county-wide solid waste collection system. Commissioner Pritchett reminded the Board that the County is now in violation of the State law. Vice-Chairman Greer stated that in the spirit of cooperation he hoped that Staff would now sit down with the haulers to develop a plan to provide the best option for New Hanover County, the incinerator, and the citizens to dispose of trash in an environmentally safe and cost effective manner without government telling everybody what to do. He advised that he felt the haulers would be willing to work with Staff in developing a plan and stated that unfortunately the incinerator has been the driving force during the entire process. Commissioner Boseman spoke on the number of calls received from seniors who were crying on the phone about the increase in the monthly fee and stated that she could not support a plan that forced these citizens to pay the proposed fee. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented MEETING CONVENED FROM REGULAR SESSION TO RECONVENE TO THE WATER AND SEWER DISTRICT MEETING Chairman Davis convened from Regular Session to reconvene the Water and Sewer District at 7:29 p.m. Chairman Davis reconvened to Regular Session at 8:16 p.m. Chairman Davis advised that the Board of County Commissioners needed to hold a Closed Session to consult with the County Attorney regarding potential litigation pursuant to N.C.G.S. 143-318.11(a)(3) and to discuss an item regarding competitive health care activities involving New Hanover Regional Medical Center pursuant to N.C.G.S. 131E-97.3. Commissioner Boseman requested to be recused from the Closed Session regarding the potential litigation because she had a personal conflict. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to recuse Commissioner Boseman from the Closed Session. Upon vote, the MOTION CARRIED 4 to 0. Chairman Davis called for a motion to convene to Closed Session. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to convene to Closed Session for the stated purposes. Upon vote, the MOTION CARRIED 4 to 0. Chairman Davis convened to Closed Session at 8:20 p.m. Chairman Davis reconvened to Regular Session at 9:15 p.m. and reported that during the Closed Session no action was taken by the Board regarding the potential litigation. Chairman Davis also reported that Community Health Systems from Brentwood, Tennessee, had contacted him about leasing New Hanover Regional Medical Center and stated that after discussion in the Closed Session, the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, NOVEMBER 3, 2003PAGE 825 was not interested in leasing the Medical Center. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:18 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board