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2002-01-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 1 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 7, 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; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Bo Baker of The Pentecostals 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 during the Staff Meeting on Thursday, January 3, 2002, the Board requested the County Attorney to prepare specific procedures to be followed by the Board when hearing regular zoning cases, conditional use zoning cases, and requests for special use permits. He requested the Board to approve the guidelines as an additional item when approving the Consent Agenda. Commissioner Pritchett requested removal of the minutes of November 19, 2001, to be sure the Mason Inlet Relocation Project had been accurately recorded since there is a potential for litigation involving this matter. She asked Assistant County Manager Dave Weaver if felt the revised minutes were correct. Assistant County Manager Weaver responded after reading the revised minutes, he felt the minutes were correct. Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the minutes of November 19, 2001, as revised, the guidelines for hearing rezoning cases, and the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular MeetingNovember 19, 2001 Hospital Work SessionNovember 19, 2001 Regular Meeting,December 3, 2001 Closed SessionDecember 3, 2001 Closed SessionNovember 5, 2001 Ratification of Appointment to Criminal Justice Partnership Board/Juvenile Crime Prevention Council The Commissioners ratified the appointment of Kim Williford, Assistant Judicial District Manager, to the Criminal Justice Partnership Board/Juvenile Crime Prevention Council as the probation/parole representative. Authorization to File a Grant Application to the Office of Healthy Carolinians, North Carolina Department of Health and Human Services The Commissioners authorized the filing of a grant application to the Office of Healthy Carolinians, North Carolina Department of Health and Human Services, in the amount of $10,000 to fund Cape Fear Healthy Carolinians. The New Hanover County Health Department will act as the fiscal agent for these funds if awarded. The funds will be used to implement initiatives which focus on Diabetes and Access to Health Services. The funding period is July 1, 2001 through June 30, 2002, and no County match is required. The County Manager was authorized to sign the grant application and any documents if awarded, including approval of the associated budget amendment. Authorization to File a Grant Application to the State of North Carolina for N.C. Terrorism Defense Funding for the Sheriff’s Department The Commissioners authorized the Sheriff Department to file a grant application to the State of North Carolina for N.C. Terrorism Defense funding in the amount of $61,036. The funds will be used to upgrade the readiness capabilities of the Sheriff’s Department through the acquisition of personnel protective equipment to protect against chemical, biological, explosive and radiological decontamination. Grant funding in the amount of $48,536 will be used to purchase equipment and $12,500 will be used for training law enforcement personnel. The County Manager was authorized to accept the grant if awarded and approve the necessary budget amendment. No County match is required. Authorization to File a Grant Application to the Institute of Museum and Library Services for a General Operating Support Grant to Assist the Cape Fear Museum with Collections Management The Commissioners authorized the Cape Fear Museum to file a grant application to the Institute of Museum NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 2 and Library Services for a General Operating Support Grant (GOS) in the amount of $112,500 to assist the Museum with collections management. The grant will be received over a 2-year period to implement effective archival registration procedures and begin digitizing and researching the extensive collection of membership and procedural records of Cape Fear Chapter #3 of the United Daughters of the Confederacy. Approval of Budget Amendment #02-0103-Public Health/Tuberculosis The Commissioners approved the following budget amendment: Budget Amendment #02-0103-Public Health Tuberculosis Adjustment Debit Credit Health Fees$13,000 Departmental Supplies$13,000 Explanation: To budget additional projected revenue in the Tuberculosis Program for Purified Protein Derivative (PPD) which will no longer be covered by the State as of January 2002 (except for high risk and contact investigations for a TB case). PPD’s are administered for employment screenings. A fee is charged to cover the cost. Approval of Budget Amendment #02-0104-Sheriff-Administration/Non-Departmental The Commissioners approved the following budget amendment: Budget Amendment #02-0104-Sheriff-Administration/Non-Departmental Adjustment Debit Credit Installment Loan Proceeds$10,000,000 Installment Lease Payments $10,000,000 Explanation: To budget the proceeds from Certificates of Participation to be issued to pay off temporary financing for the Jail Project. Certificates of Participation were approved November 27, 2000 as the funding mechanism for the Jail. Because of the urgency to expand the jail, installment financing was arranged to provide preliminary funding for the project. Adoption of Procedures for the Board of County Commissioners to Use When Hearing Zoning Cases The Commissioners adopted procedures to use when hearing general zoning requests, conditional use requests, and special use permit requests. The purpose of the procedures is to establish consistent guidelines to be followed by the Board when considering zoning issues. A copy of the procedures is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 14.1. PRESENTATION OF PROMOTIONAL FILM FOR THE CAPE FEAR MUSEUM The Commissioners heard a a presentation from Museum Director Ruth Hass and viewed a six-minute promotional video about the Cape Fear Museum which was produced under a contract with Travel International at a cost of $13,000. North Carolina Grassroots Science grant funds were used to finance the project, and it took two years to complete. Director Haas concluded the presentation by saying this film provided an opportunity for a professional production to be aired to an international audience showing our area and its history at a lower cost. The film has also been aired on the National Cable Network and will be on the New Hanover County Television System to encourage tourists and residents to visit the Museum to learn more about the history of the Cape Fear Region. On behalf of the Board, Chairman Davis expressed appreciation to Director Haas and Staff for the time and effort given to produce an excellent film. CONSIDERATION OF IMPLEMENTATION OF GOVERNOR EASLEY’S NORTH CAROLINA PUBLIC HEALTH DEFENSE TEAM PLAN FOR RESPONSE TO BIO-TERRORISM Health Director David E. Rice reported that in November 2001 Governor Easley signed House Bill 1471 to assist Public Health and its infrastructure to prepare and respond to bioterrorism in North Carolina. The bill requires establishment of a N. C. Public Health Defense Team, seven regional local health defense teams and enhancement of electronic communications and surveillance systems. If this concept is approved by the Board of County Commissioners, a regional health defense team will be established comprised of New Hanover County, Carteret County, Onslow County, Pender County, Brunswick County , Duplin County and Columbus County. There will be seven local host Health Departments, including the New Hanover County Health Department and each team will be composed of four positions: 1 Physician (MC)/Epidemiologist 1 Field Investigator (Disease Investigation Specialist or Registered Nurse Epidemiologist) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 3 1 Environmental Health (Industrial or Occupational Hygienist) 1 Administrative Assistant The annual allocation is $369,850 for a 2-year period to cover administrative and operating costs. No local funding is required. The budget includes a pro-rated amount for the remaining six months in the amount of $206,150 for FY 2001-2002. Full funding in the amount of $369,850 will be provided by the State for FY 2002-2003. In concluding the presentation, Health Director Rice requested the Board of County Commissioners to approve implementation of the plan and approve the associated budget amendment in the amount of $206,150 when funding is awarded by the State. Chairman Davis stressed the importance of the members of the Board and public understanding that the local effort will be fully funded by the State with no County match, and once State funding stops, New Hanover County will not be responsible to provide funds to continue the program. Health Director Rice informed the Board that all persons involved were aware of the fact that if State funding ceases, the program will be terminated. Discussion followed on how coordination would occur among the multi-county regional team. Health Director Rice explained that the New Hanover County Health Department has been designated as the host county for this region; therefore, the Health Department will be responsible for hiring persons to fill the four positions and handle the budget process for the team. He also noted that he was currently serving as the representative to the “Region 8 Local Health Directors” and stated these health directors meet once every other month with the exception of Carteret County; however, the 7-member team will be responsive to all 7 counties. Commissioner Caster asked if the $369,850 would actually cover all costs involved with the program. Health Director Rice responded that operating expenses and rent should cover all items including paper, telephone lines, and other administrative needs. Commissioner Boseman advised that she was glad to see the Health Department was receiving another epidemiologist. Health Director Rice noted that unfortunately the epidemiologist position would be divided among the seven counties and stated there is still an urgent need for another epidemiologist at New Hanover County Health Department. Hearing no further comments from members of the Board, Chairman Davis called for a motion. Motion: After congratulating Health Director Rice and Staff at the Health Department for being designated as the lead agency, Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to authorize the New Hanover County Health Department to implement the Governor’s North Carolina Public Health Defense Team Plan in New Hanover County, approve the four new positions as recommended contingent upon the positions being terminated when State funding ceases, and approve the associated budget amendment in the amount of $206,150 when grant funding is received from the State. Upon vote, the MOTION CARRIED UNANIMOUSLY. REMOVAL OF AGENDA ITEM 3, CONSIDERATION OF RESOLUTION TO AWARD A CONTRACT FOR TURBINE GENERATOR REPAIRS FOR WASTECFACILITY Chairman Davis reported that this item had been removed from the agenda since Staff found a used generator that saved a significant amount of money for the Environmental Management Department. He spoke on the loss of revenue per day without a generator and noted that North Carolina General Statutes allow governing bodies to purchase used equipment without having to follow the formal bidding process in these types of situations. ADOPTION OF RESOLUTION TO AUTHORIZE STAFF TO PROCEED WITH THE LOCAL GOVERNMENT COMMISSION APPLICATION PROCESS AND FINANCING DOCUMENTS FOR INSTALLMENT PURCHASE OF THE SHAW SPEAKS BUILDING Finance Director Bruce Shell requested the Board to adopt a resolution to proceed with securing approval from the Local Government Commission for the purchase of the Shaw Speaks Building and work with the Bank of America to prepare financing documents for the acquisition. He also advised that under North Carolina General Statutes, a Public Hearing must be held before the installment financing can be approved for the project. He requested the Board to schedule a Public Hearing on January 22, 2002, to receive public input on the installment financing. After the Public Hearing is held, installment financing documents will be presented to the Board for consideration and approval. Chairman Davis asked if any member of the Board would like to comment. After hearing no comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution to proceed with filing the Local Government Commission application for the acquisition of the Shaw Speaks Building at $650,000 and schedule a Public Hearing to receive public input on the installment financing with Bank of America on January NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 4 22, 2002. 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 14.2. Commissioner Boseman requested County Manager O’Neal to review the program to be sure that positive African-American role models are included in the programs administered by the Juvenile Day Reporting Center. County Manager O’Neal responded that he would be glad to check into the program and report back to the Board. Commissioner Pritchett asked if Director Richard Christian would be present at the Public Hearing to answer questions. Deputy County Manager Atkinson responded that Director Christian would be present at the Public Hearing scheduled on January 22, 2002. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 5:45 P.M. to hold a meeting of the Water and Sewer District Board. Chairman Davis reconvened to Regular Session at 6:06 P.M. CONSIDERATION OF PROPOSAL FROM ENERGYPATH, INC., TO EVALUATE THE POTENTIAL OF WASTEC FACILITY TO USE BIOMASS AS FUEL Assistant County Manager Dave Weaver presented a contract with EnergyPath, Inc., a consulting firm specializing in energy analysis and engineering, to perform an analysis of biomass conversion at the WASTEC Facility with a focus on using turkey litter as a fuel for the incinerator. He reported that EnergyPath, Inc. will conduct a detailed review of the current WASTEC operational cost/revenue structure and evaluate potential future alternatives with regard to biomass as a fuel acceptable to the County. Marketable end products will also be evaluated and the following areas will be reviewed with evaluation summaries for each topic documented in the recommended report: •Technical; e.g. plant and equipment. •Environmental; e.g. air, water, and other. •Permitting: e.g. municipal, county, state, federal. •Commercial; e. g. customer contracts, biomass disposal value, marketable waste products. •Logistical; e.g. collection, transportation, material handling. •Operational; e. g. landfill layering, incineration capacity, daily cover mix. •Financial; e.g. retirement of general obligation bond(s), assessment of current future capital requirement. •Human Resources; e.g. training, management planning. •Contractual; e.g. utility PURPA haulers, in feed suppliers •Implementation; e.g. project plan and schedule, feasibility testing. The study will cost $20,000 and will be completed by February 2002. Chairman Davis asked how the study will be funded. Assistant County Manager Weaver responded the study will be paid from the Environmental Management Fund which is comprised of tax dollars, user fees, tip fees and electricity sales. He also noted that no grant funding was available at this time. In closing, Assistant County Manager Weaver informed the Board that Mr. Greg Walker, Director of Cape Fear Resources Conservation & Development, Inc., was present and would be glad to respond to any questions concerning future grants. He also noted that Mr. John Griffin and Mr. Tom Retson, chief principals of EnergyPath, Inc., were present and would be glad to answer questions. Chairman Davis referenced the “Suspension or Termination of Contract” under Section 7.0 of the proposed contract with EnergyPath, Inc. and stated it was his understanding that if the work starts and the contract is terminated prior to completion of the work, the County will still be responsible for paying the $20,000. He asked if this statement was correct. Assistant County Manager Weaver responded that under Section 2.2, there is a clause saying that payment will not be made to EnergyPath, Inc. until acceptance of the work product by New Hanover County. Chairman Davis requested County Attorney Copley to specifically clarify the meaning of this clause in the contract. County Attorney Copley read the following statement from Section 7.0 and stressed the importance of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 5 Commissioners understanding that if the study is terminated, the entire fee will have to be paid to EnergyPath, Inc. “In the event of termination prior to completion of all work described in Section 1.0, the total fee specified in Section 2.1 above shall be immediately due and payable to EnergyPath., Inc.” Commissioner Pritchett spoke on requesting the Legal Department to research the original bond to be sure that other items could be legally burned in the incinerator and asked if this issue had been checked. County Attorney Copley responded that Finance Director Shell had a discussion with bond counsel regarding the sale of the ash from the litter, but no specific discussion was held on burning other items than waste in the incinerator. Commissioner Pritchett expressed concern for not receiving an answer to this question from the Legal Department before the meeting when a request was made a month ago. She stressed the importance of knowing if other items can be burned in the incinerator before pursuing a study with EnergyPath, Inc. County Attorney Copley advised that she would check with bond counsel and report back to the Board tomorrow; however, she felt bond counsel was not concerned about what would be burned in the incinerator because the original bond order was written to require New Hanover County to pledge the full faith and credit of the County to build and operate a waste-to-energy facility. She apologized for the information requested not being provided to Commissioner Pritchett in a timely manner. Commissioner Caster read the following section of the contract and asked if it would take five years beginning July 1, 2002 to reach a financial break-even point: Section 1.2.1. Objective: The objective of this contract shall be to provide the New Hanover County Board of Commissioners with a detailed set of recommendations which, if implemented, would allow the New Hanover County Waste-to-Energy Conversion Facility to run at a financial break-even point or better through the 5-year period ensuing July 1, 2002. Commissioner Pritchett responded that the financial break-even point would begin with the first year through the fifth year. Commissioner Caster recommended establishing an additional objective in the study to include a review of privatizing the WASTEC Facility. Assistant County Manager Weaver stated that in order to study privatizing the WASTEC Facility an addendum would have to be added to the scope of work and additional fees charged for conducting the study. He also noted that if the Board approves the proposed study, a determination will be made on the feasibility of burning biomass fuel in the incinerator including an estimate of the revenue that can be produced from this process. These results will be the basis for considering privatization in the future. County Manager O’Neal advised that he felt bond counsel would have to evaluate a number of issues beyond the scope of work in the proposed contract before privatization could be considered. Chairman Davis referenced Sections 2.3 and 2.4 and stated if the Board should decide to include privatization in the scope of work, the $20,000 fee will be increased. If outside consultants are used regarding biomass disposal, the County will have to solicit proposals from EnergyPath, Inc. which would be an additional fee. He expressed concern for not knowing the final cost of the study. Assistant County Manager Weaver advised that under Section 2.3, an addendum to the scope of work, such as privatization, would be an additional fee; however, under Section 2.4 if the feasibility study is positive, the County may need to hire outside consultants to perform additional work, such as detailed modifications to air control equipment. The purpose of this section is for the County to consider EnergyPath, Inc. for additional work after the feasibility study is completed. County Manager O’Neal explained that the purpose of the study was to determine the feasibility of using a biomass fuel at the WASTEC Facility. The study may not prove to be appropriate; therefore, the County should not commit to expanding the scope of work until the study has been conducted. One advantage to the County is the ability to work with Mr. Greg Walker, who has performed research in this area. EnergyPath, Inc. is a relatively new company and this is a new process for the firm. Commissioner Boseman asked Environmental Management Director Church if he was comfortable with the study. Director Church responded that the proposed process is a new program and stated he was not aware of any other facility burning turkey litter; however, if this process can keep 49 employees at WASTEC Facility employed, he would be willing to consider using biomass fuel process. He also noted that wood chips are used by Federal Paper Board and International Paper as a biomass fuel. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 6 Assistant County Manager Weaver spoke on this being a feasibility study at a relatively small cost that does have a plausible potential. Smithfield Foods is studying a biomass process to combust turkey litter and swine waste, and a poultry processing firm in Goldsboro is specifically studying the combustion of turkey litter. Within the next year, the State will probably adopt regulations that will prohibit the traditional method of land application for waste like turkey litter because of the high content of phosphorous in the waste. After commenting on spending several millions of dollars per year to operate the WASTEC Facility, Commissioner Caster said that he felt consideration should be given to any type of disposal process to cure the deficit condition of the incinerator. With Mr. Greg Walker and the State reviewing the use of turkey litter, this should be a viable option. If the study proves that this form of biomass fuel is feasible, the County should then consider privatizing the WASTEC Facility. Vice-Chairman Greer advised that he would be in favor of burning turkey litter, allowing a company to purchase the WASTEC Facility and hire the 49 County employees; however, if there is an existing problem with disposing of turkey litter, companies should be approaching the County about burning these types of waste instead of the County having to pay $20,000 to conduct a study with the hopes that a solution has been found to resolve the deficit condition of the incinerator. If the results of the study should be positive, the County will probably have to spend a great deal of money to modify the incinerator; therefore, he could not vote to fund the study. Commissioner Pritchett stated that once the debt on the incinerator is paid, she would be willing to consider the proposals made by Vice-Chairman Greer; however, until the debt is paid, the County should be receiving something for a payment of that size. Hearing no further comments from the Board, Chairman Davis requested a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to enter into a contract with EnergyPath, Inc. in the amount of $20,000 to evaluate the potential of using biomass fuel at the WASTEC Facility. Vice-Chairman Greer referenced the contract and asked how representatives from a company who are not part of the County Staff would be able to deliver the operational plan and operation budget for the next five years. Commissioner Pritchett explained that both Mr. Griffin and Mr. Reston live in New Hanover County and will work with Director Church in preparing these documents. She asked Director Church if he felt this was a workable process. Director Church responded that the process was acceptable to him. Chairman Davis called for a vote on the motion to approve the study. Upon vote, the MOTION CARRIED 3 to 2 as follows: Ayes:Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Chairman Davis Vice-Chairman Greer A copy of the contract is on file in the Legal Department. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY KENT HARMON FOR THE NEW HANOVER MEDICAL GROUP TO AMEND THE SITE PLAN FOR A CD(O&I) CONDITIONAL AND INSTITUTIONAL DISTRICT LOCATED AT 5145 SOUTH COLLEGE ROAD ADJACENT AND NORTH OF THE MYRTLE GROVE LIBRARY (Z-522, 12/01) Chairman Davis referenced the additional item presented on the Consent Agenda regarding the procedure to be followed when hearing general rezoning requests, conditional use requests, and special use permits. He advised that the time allowed for each person or group wishing to speak has been increased. He requested all persons speaking to comply to the following time limits. Presentation by Staff15 minutes Presentation by Petitioner15 minutes Opponents15 minutes Rebuttal for both sides 5 minutes (each) Chairman Davis opened the Public Hearing and advised that the conditional use process 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, JANUARY 7, 2002 PAGE 7 The following persons were sworn in by the Clerk to the Board: Dexter Hayes Kent Harmon Paula Picone Chairman Davis requested Planning Director Dexter Hayes to begin the presentation. Director Hayes presented a map showing the location of the New Hanover Medical Group at 5145 South College Road and reported that the petitioner was requesting an amendment to the existing Conditional Use Office and Institutional site plan originally approved by the Board of County Commissioners in September 1995. Although the original site plan shows future expansion of both the building and parking areas, the proposed addition exceeds the originally proposed expansion. The expansion is 13,017 square feet, and the off-street parking requirements are based on 4 spaces for each physician and 1 space per employee. There will be 8 physicians and 80 staff members requing112 spaces. The off-street parking equals to 26 new spaces for a total of 119 spaces. The existing parking is 93 spaces. The building height is 18 feet, which will not change, and the setback is as follows: Front Yard:25 feet, 37 feet shown. Side Yard:49.5 feet required, 155 feet shown on the north side of the property and 230 feet shown on the south side of the property. Side Buffer:24.75 feet required from the north side of the property line with a buffer provided. No buffer is required for the south side of the property adjacent to the Myrtle Grove Branch Library. Rear Yard:67.14 feet is required, and the setback can be reduced if the base width of the buffer strip is increased by the same amount with a maximum reduction of 25%: 25% of 67.14 = 16.8 (17 feet). The rear setback required with the reduction is 50 feet. The rear setback provided is 51 feet. Street Yard:The new street yard requirement will only apply along the proposed expansion to the parking lot. The proposed expansion meets the requirements of the New Hanover County Zoning Ordinance; however, additional evergreens should be provided in the rear buffer area to provide more protection to adjacent residents living in Greenbriar. The applicant will also need to confirm with County Engineering Department if the stormwater management system needs to be upgraded to comply to the new Stormwater Management Ordinance. With these additional conditions Staff recommends approval. At the Planning Board meeting held on December 6, 2001, an adjacent neighbor from Greenbriar Subdivision spoke in opposition to the expansion of the building because of concern for existing flooding problems in the area. Pictures were shown of recent flooding in the neighborhood because of a malfunctioning drainage ditch. The Planning Board explained that language does exist in the Stormwater Management Ordinance to require maintenance of the ditch and the speaker was requested to contact the Legal Department and Engineering Department to see if the problem could be resolved. The Planning Board voted 6-1 to recommend approval of the request with the following conditions: 1. The amended site must meet the new County Stormwater Management Ordinance requirements adopted in September, 2000. 2.Additional evergreens shall be added in the rear buffer area to provide additional protection to the adjacent Greenbriar residents. Chairman Davis asked Director Hayes if the petition was consistent with the Land Use Plan. Director Hayes responded the petition was consistent with the Land Use Plan. Chairman Davis asked Director Hayes if the Planning Board and Planning Staff were in favor of the amendment to the Conditional Use Office and Institutional site plan. Director Hayes responded that both the Planning Board and Staff were in favor of the amendment with the two conditions. Chairman Davis asked Director Hayes why one member on the Planning Board voted against the petition. Director Hayes responded there was concern by one member because the expansion in the back of the property member would be closer to residents living in the Greenbriar Subdivision. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 8 Commissioner Pritchett asked Director Hayes if lighting from the expansion would negatively impact the surrounding neighborhoods. Director Hayes explained that when the first site plan was approved on September 5, 1995, one condition of the Special Use Permit was to require directional lighting on photo cells to prevent lighting from bothering adjacent residential properties. He advised that this condition would automatically apply to the new expansion. Commissioner Pritchett stated that she assumed the existing fence and trees behind the fence would remain on the site plus the additional planting of evergreens inside the fence. Mr. Kent Harmon, representing the petitioner, New Hanover Medical Group, responded that the fence and existing trees behind the fence would remain on the site plus the additional planting of evergreens. Commissioner Pritchett referenced the relocation of electrical equipment and asked if this was a heating and cooling system, and if so, would noise become a problem to the adjacent neighborhood. Mr. Harmon advised that the large green electrical transformer in the back of the property referenced by Commissioner Pritchett would have to be moved further away from the building to meet requirements in the Building Code. The heating and cooling equipment will be placed on the roof; however, this is a water source heat pump system with the internal part of the system located inside the building, which will not make a great deal of noise. Mr. Harmon informed the Board that the petitioner was requesting modification to the original conditional office and institutional site plan to add a strip of new construction to the east of the building and a strip to the north of the building, which is outside the original footprint of the existing building. He presented a plan of the construction site and stated in 1995 growth was envisioned, but the physicians did not realize the practice would grow at such a rapid pace. The additional space is needed to accommodate the existing practice as well as provide space for future growth. Under the proposed expansion plan, setback modifications will be reduced from 68 feet to 51 feet as a result of the construction. If the petitioner had applied for Office and Institutional zoning, setback regulations would have been 45 feet instead of 51 feet from the property line. This is a unique piece of Office and Institutional property because along the northern and eastern sides of the property, there is a 30-foot drainage easement that is not part of the property; however, this ditch creates 30 more feet of buffering between the site and adjacent residential properties. In closing, Mr. Harmon requested the Board to approve the amendment to the original site plan to allow the petitioner to expand the existing building. Chairman Davis asked Mr. Harmon if he agreed with the two conditions recommended by the Planning Board and Planning Staff. Mr. Harmon concurred with the two conditions as recommended and stated as a result of this expansion, the existing stormwater management system will brought up to current standards. Chairman Davis explained to Mr. Harmon that he had the right to withdraw or modify the conditional use rezoning petition prior to the Board taking action. If the Board votes and the request is denied, the petitioner will have to wait 12 months before presenting another rezoning request. He asked Mr. Harmon if he understood these regulations. Mr. Harmon responded that he understood the zoning regulations regarding the 12-month waiting period if the request is denied. Chairman Davis asked if anyone from the public would like to speak in opposition. Ms. Paula Picone, a resident of 857 Greenbriar Road, spoke on the need for the site plan to meet stormwater management regulations because of severe flooding in the area. She requested the Commissioners to assure surrounding residents that the New Hanover Medical Group’s expansion plan will meet every guideline for onsite stormwater containment and County drainage management regulations. With the amount of development that has occurred around Greenbriar Subdivision, such as the New Hanover Medical Group, Chester Brook Academy, Woods Edge Subdivision, and the new Chester Brook Subdivision, there is a severe problem with flooding in the area. In trying to address the drainage/flooding problem, Ms. Picone stated that she met with a County representative and a NCDOT representative to see if the drainage problem could be resolved. After assessing the drainage, a solution was found if New Hanover County would agree to move forward with resolving the problem. When the Planning Board meeting was held on December 1, 2001, the drainage/flooding problem was discussed and members of the Planning Board agreed and suggested that she schedule a meeting with Assistant County Attorney Holt Moore. She advised that Mr. Moore had been called and was to contact her about scheduling a meeting. In concluding her remarks, Ms. Picone showed pictures of flooding in the area and she urged the Board of County Commissioners to help the residents who have worked for eight years to determine who was responsible for resolving the drainage problem, New Hanover County or the NCDOT. Regardless of what decision is made by the Board, consideration should be given to what impact the expansion will have on adjacent areas that are already NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 9 experiencing flooding and drainage problems. She also suggested planting evergreens around the entire fence line to block out light, noise, and absorb rainfall. With trees removed for the construction of Lowe’s, the lights shine in her window at night and all residents are experiencing more noise. Chairman Davis requested Director Hayes to address the concerns expressed by Ms. Picone regarding drainage and flooding. Director Hayes advised that drainage had been an on-going problem that predates development of the Greenbriar Subdivision. Under the new stormwater regulations, there is a provision to allow the County to work with the homeowner in identifying the drainage problem and coming up with a plan to resolve the matter. The County also has the option to assess the property owner to correct the problem. Commissioner Pritchett spoke on stormwater runoff and requested Mr. Harmon to check into using a semi- impervious material on part of the parking space. Mr. Harmon explained that parking will be expanded on the southern part of the parking space; however, he would check into the use of a semi-impervious material. Chairman Davis explained to Mr. Harmon that if the Board votes on the amendment to the conditional use site plan and the request is denied, the petition cannot be resubmitted for 12 months. He asked Mr. Harmon if he wanted the Board to take action. Mr. Harmon responded that he was in favor of the Board rendering a decision. Commissioner Boseman requested a report from the Planning Staff on how the drainage problem in this area will be addressed. County Manager O’Neal advised that he would present a report to the Board on the drainage problems in the Greenbriar area at the first meeting in February 2002. County Attorney Copley requested the Board to clarify whether Commissioner Pritchett would like to add a condition to require a semi-impervious material to be used on the parking space. Commissioner Pritchett advised that the purpose of the request was for the company to check into using a semi- impervious material if at all possible; however, she did not want to impose an unreasonable request as a condition of the amendment to the original site plan. Director Hayes noted that he failed to mention that a transportation fee is being charged for commercial development in the Monkey Junction area to pay for improvements to the interchange to assist with traffic in the area. He requested the Board to assess a transportation fee of $828.57 per 1,000 square feet totaling $3,148.56 to the New Hanover Medical Group as a condition of the amendment to the original site plan. The fee will be placed in a fund that will be held up to five years for improvements to the Monkey Junction Interchange. Chairman Davis asked Mr. Harmon if he agreed with the fee being included as a condition of the approval process. Mr. Harmon agreed to the condition and asked when the 5-year period would begin. Director Hayes explained that contracts with other companies, such as Lowe’s and WalMart, have five year terms. These fees have already been collected; therefore, payment by the New Hanover Medical Group should be based on the same time frame. If the money is not used within the stipulated 5-year time frame, all companies assessed the fee will receive reimbursement for the amount paid. Hearing no further comments, Chairman Davis closed the Public Hearing and requested a motion from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to amend the site plan and Special Use Permit to allow for expansion of the New Hanover Medical Group facility located at 5145 South College Road subject to the following conditions: (1) the entire site must meet the new County Stormwater Management Ordinance requirements adopted in September, 2000; (2) planting of additional evergreens in the rear area of the site to provide additional protection to adjacent Greenbriar residents and (3) payment of a transportation fee based on $828.57 per 1,000 square feet totaling $3,148.56 to be held for a 5-year period for road improvements to the Monkey Junction Interchange. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the addendum to the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 15. Chairman Davis requested Ms. Picone to contact the Legal Department to see if the drainage problems can be addressed in the Greenbriar Subdivision area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 10 Commissioner Boseman asked Director Hayes how Lowe’s was able to construct its new store at Monkey Junction without taking into consideration drainage, noise and lighting to surrounding neighborhoods. Director Hayes responded that a master plan was developed for the entire complex. The first phase was for the Lowe’s site and the plan was later amended to include a second phase for the WalMart site. Numerous conditions were placed on both sites, such as transportation improvements, streetscaping improvements, buffering improvements, lighting, noise, etc. The County now has in place more stringent landscaping improvements. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY DAVID SNEEDEN TO REZONE APPROXIMATELY 0.88 ACRES OF PROPERTY LOCATED AT 8244 MARKET STREET ACROSS FROM THE PORTERS NECK SHOPPING CENTER FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z-732, 12/01) Chairman Davis opened the Public Hearing and requested Planning Director Dexter Hayes to present background information on the request. Director Hayes presented a map of the site and reported that the petitioner submitted a request to rezone 0.88 of an acre located at 8244 Market Street from R-15 Residential to B-1 Neighborhood Business. The property is located to the east of a larger B-1 District established in 1995 and lies within the Special Highway Overlay District, which requires additional building and parking setbacks from Market Street. This 37,000 square foot expansion will align with existing commercial properties to the south and should not encroach on any nearby residents. The Porters Neck area is the fastest growing part of the County. Other nearby rezoning requests have been approved expanding this developing regional node south to the CP&L site. Much of the recent activity has occurred in anticipation of the proposed interchange for the Route 17 By-Pass, and Staff recommends approval of the request. On December 6, 2001, the Planning Board voted 7 to 0 to recommend approval and no one spoke in opposition. Chairman Davis asked if the petitioner would like to comment. Mr. David Sneeden, the applicant, advised that the rezoning involves a small triangular shaped piece of property approximately 75 feet wide to approximately 1 foot wide running 260 feet along the rear property line. The strip is designed to eliminate several sharp turns in the property line pursuant to a boundary line agreement. The rezoning is necessary to conform with the revised landscape ordinance, and no construction can occur on the property due to its long narrow configuration. It will only be used for a buffer along the back line of the property to protect the residential uses to the rear and commercial uses toward Market Street. In closing, Mr. Sneeden requested the Board to approve the rezoning request to incorporate the 0.88 of an acre into the 12.5 acres fronting Market Street to comply to new landscaping regulations. He offered to answer any questions. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis explained to Mr. Sneeden that if the Board denies the request, the petition could not be resubmitted for 12 months. He asked Mr. Sneeden if he wanted the Board to vote on the rezoning petition. Mr. Sneeden responded that he was aware of the 12-month regulation and requested the Board to vote on the rezoning so this small piece of property could be incorporated into the plan. Chairman Davis asked if anyone from the public would like to speak in opposition. Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve rezoning approximately 0.88 of an acre located at 8244 Market Street across from the Porters Neck Shopping Center from R-15 Residential to B-1 Neighborhood Business. 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. 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. PUBLIC HEARING TO CONSIDER REQUEST BY TEELA RIVENBARK TO CLOSE A PORTION OF AN UNNAMED 30 FOOT ROADWAY LOCATED NEAR EDGEWATER CLUB ROAD IN THE PORTERS NECK COMMUNITY (SC, 12/01) -77 Chairman Davis opened the Public Hearing and noted that a Resolution of Intent to close the unnamed road was adopted by the Board of County Commissioners on December 3, 2001, and a Public Hearing was scheduled to give the petitioner and public an opportunity to comment before action is taken by the Board. He requested Planning Director Dexter Hayes to present background information on the road closing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 11 Director Hayes presented a map showing the portion of the road to be closed and reported that the unnamed road segment abuts a 5-acre tract owned by the petitioner. This parcel is accessible to Edgewater Club Road and four other residential lots to the southwest that have double road frontage on Ramblewood Drive. According to the petitioner, the roadway is unimproved and not accessible by vehicle. Presently the 30-foot platted right- of-way serves as a natural buffer for nearby homes and as a small sanctuary for wildlife. The County Engineering Staff has reviewed the proposed road closure and indicated that drainage and utility easements will not be needed. Other nearby properties would not be landlocked if this segment of the road is closed. The Planning Staff recommends that the unnamed road remain open because it could provide future access to larger tracts of land that may be developed in the future. This area of northeastern New Hanover County has several old unnamed and unimproved roads/cart paths that now provide a limited access function to nearby residential properties for the delivery of emergency services as well as other services. If the road is closed, the property will revert back to the property owners. Chairman Davis asked Director Hayes if the request to close the unnamed road was consistent with the Land Use Plan. Director Hayes responded that the Land Use Plan does not include specific policies to address road closings. The Commissioners make these decisions and should consider the traffic circulation to be sure that no property is landlocked as a result of a road closing. In this particular case, no properties will be landlocked, but this unnamed road could serve as additional access for future development. Chairman Davis asked if any member of the Board would like to comment. After discussion on the unnamed road not being a State road, Director Hayes explained that the road segment is a public right-of-way for public use without acceptance by the NCDOT or the County. The right-of-way cannot be transferred, and if it is closed, the easement will revert back to adjacent property owners. Chairman Davis asked if the petitioner would like to speak. Ms. Teela Rivenbark, the petitioner, reported that Mr. C. E. Rivenbark, who is not related to her, was a farmer who originally owned the property from Seashell Lane to Wild Cherry Lane. In 1965, Arjean by the Sound was being developed, and Mr. Rivenbark sold five lots. There was a right-of-way from Seashell Lane to Wild Cherry Lane to provide access to the back of the property because Mr. Rivenbark was still cutting hay on some of his property. Prior to 1979, the remaining property was divided into 13 tracts, and she purchased 5 tracts consisting of approximately 6 acres. Later, an investor purchased two tracts and subdivided the property into lots facing Wild Cherry Lane. This right- of-way has never been used since she moved into the area 23 years ago. It has been left in its natural state with pine trees, undergrowth, and wildlife including deer, squirrels, red fox, and a large variety of birds. The neighborhood has enjoyed this unnamed roadway that has served as a buffer and sanctuary for wildlife. In concluding her remarks, Ms. Rivenbark requested the Board to close this right-of-way to protect the neighborhood from eventually having an unpaved road that will be open to four-wheelers and dirt bikes. She also noted that she was not opposed to development because her husband had been a builder for 25 years and she understood the importance of having available lots for construction. Chairman Davis asked if any member of the Board would like to comment. Commissioner Caster referenced the portion of the road from Seashell Road to1143 Edgewater Club Road where Ms. Rivenbark resides on the map and asked if this was the segment of the road to be closed. Ms. Rivenbark responded that a 30-foot easement was left across five lots on Seashell Lane. The owner of Lots 1 and 2 sold the back portion of the lots and a road has been cut to access those lots. She urged the Board to consider closing this portion of the road to protect the neighborhood because she does not want a road behind her residence. Mr. Charles Wilson, a resident of 701 Ramblewood Lane, noted that his property was located on the corner of Seashell Lane and Ramblewood Lane. He informed the Board that he was surprised to learn there was a right-of-way because the property was currently in its natural state. He asked if the road is closed, how would property owners living in Arjean by the Sound be affected. Director Hayes explained that the only people benefitting from opening the road would be the adjacent property owners. The owners of Lots 6, 7, 8, and 9 could open up the road if desired to provide a back access to their lots. Ms. Rivenbark could also open the road for her lots. The County will not open the road unless it is needed for utility purposes, and the Engineering Department feels the road is not needed. This is a platted, recorded right-of-way that has been offered for public use with no acceptance of the road by the State, County or anyone. Vice-Chairman Greer asked if anyone could come in and remove the trees from the right-of-way. Director Hayes responded that technically it would be possible for someone to remove the trees from the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 12 roadway. If a person lived at the end of Wild Cherry Lane, approximately one-half mile away, and wanted to open the road at his or her expense, this could be done by presenting a construction plan to the County so drainage and other requirements could be met. There is no regulation to prohibit that person from opening the road at a future date. Chairman Davis asked if the Board decides to close the right-of-way as requested, and the property is reverted to adjacent property owners and later the right-of-way is needed for a drainage or utility easement, what would happen if the property owners refused to grant the easements. Director Hayes advised that the property would have to be acquired by the County through negotiation or eminent domain. Commissioner Caster asked if the right-of-way could be given to the property owners with the County retaining a utility easement. Director Hayes advised that in the past the County has given away a 60 foot right-of-way with retaining 30 feet as a utility easement in the center line of the roadway or along one side. This process allows the property to revert to adjacent property owners with the County retaining the utility easement. The road would remain closed until the utility easement was needed by the County. Commissioner Boseman asked if the Planning Staff would be in favor of closing the right-of-way with retaining a 30 foot utility/drainage easement. Director Hayes explained that no one can determine what will be done with the right-of-way by the property owners in 20 to 30 years. The Planning Staff would like to have the right-of-way as an access for future development in this area. If the road is closed with a 30-foot drainage/utility easement, the County will retain the easement for utility purposes but lose the access if needed for some type of road configuration in the future. Mr. Mitch Odess, a resident of 725 Ramblewood Drive, Lot 9, requested the Board to close the right-of-way to preserve its natural state and serve as a buffer to the neighborhood. Hearing no further comments, Chairman Davis closed the Public Hearing. Motion: Commissioner Caster MOVED to close the road with the County retaining a 30-foot utility/drainage easement. The MOTION FAILED DUE TO THE LACK OF A SECOND. Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Greer, to accept the recommendation of the Planning Staff and deny the petition to close the road. Upon vote, the MOTION CARRIED 4 to 1 as follows: Ayes:Chairman Davis Vice-Chairman Greer Commissioner Boseman Commissioner Pritchett Noes:Commissioner Caster PUBLIC HEARING TO CONSIDER A REQUEST BY THE NEW HANOVER COUNTY PLANNING BOARD TO AMEND SECTION 20, SECTION 32, AND SECTION 50 OF THE NEW HANOVER COUNTY SUBDIVISION ORDINANCE AND SECTION 23.432 OF NEW HANOVER COUNTY STORMWATER MANAGEMENT ORDINANCE - CONTINUED ITEM FROM DECEMBER 3, 2001 (A-313, 11/01) Chairman Davis opened the Public Hearing and informed the public that this item was continued from the December 3, 2001 meeting to provide time for the text amendments to be reviewed by the Unified Development Ordinance (UDO) Committee and by local developers. He requested Planning Director Dexter Hayes to present background information. Director Hayes reported that the text amendments had been reviewed and approved by the UDO Committee. The Planning Staff met with several developers from the Home Builders Association and out of concern expressed by the developers for Section 32-3(3)(b) prohibiting work beginning until all permits were issued, the following revision was made by the Planning Board: Revised Section 32-3(3)(b) by Planning Board: No land-disturbing activity or tree removal may begin on site untilconstruction plans have been approved. subject to the provisions of this Ordinance Director Hayes advised that Mr. Warren Wakeland, Director of Governmental Affairs & Public Relations, of the Wilmington-Cape Fear Home Builders Association, had also drafted the following revisions to Section 32-2(3)(b) with either option acceptable to the development community: (1) Revised Section 32-3(3)(b): No land-disturbing activity or tree removal may begin on any site subject to until all erosion control and drainage permits have been issued. the provisions of this Ordinance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 13 (2) Revised Section 32-3(3)(b): No land-disturbing activity or tree removal may begin on any site subject to untilall applicable County permits the provisions of this Ordinance have been issued. Director Hayes concluded the presentation by saying that Section 32-3(3)(b) is the only change in the proposed text amendments since the hearing held by the Board of County Commissioners on December 3, 2001. He advised that deciding on how to revise this section will have to be determined by the Board. Chairman Davis asked if the Planning Board and UDO Committee had been able to review and approve the two revisions presented by Mr. Wakeland. Director Hayes responded that the Planning Board and UDO Committee had not reviewed the proposed revisions presented by Mr. Wakeland. Chairman Davis objected to approving any revisions that have not been approved by the Planning Board and UDO Committee. Director Hayes explained that the intent of the Planning Board was to be sure that all County plans had been approved before land disturbing activities or tree removal could begin. The original language was to require all construction permits to be approved before construction could begin which was of concern to the developers. If the language can be changed to approval of all County construction plans, the parties involved should be satisfied. Chairman Davis spoke on the original language being drafted by the Planning Staff and approved by the Planning Board and he expressed concern for language now being presented by the development community without being reviewed by the UDO Committee or Planning Board. Commissioner Pritchett agreed and recommended remanding the text amendment back to the Planning Board. County Manager O’Neal suggested that the Board may want to approve the other text amendments as well as the revision to Section 32-2(3)(b) contingent upon approval by the Planning Board. Motion: Commissioner Caster MOVED to approve the text amendments contingent upon revision to Section 32-3(3)(b) as deemed appropriate by the Planning Board. Director Hayes asked Commissioner Caster if the motion meant that the Planning Board could select one of the two options presented by Mr. Wakeland. Commissioner Caster noted that he did not have a copy of the options presented by Mr. Wakeland and WITHDREW HIS MOTION . Chairman Davis again recommended remanding the text amendments back to the Planning Board. Director Hayes advised that the Board could approve the other text amendments as presented and send Section 32-3(3)(b) to the Planning Board for review and approval. Under the new landscaping requirements, tree removal cannot occur until a sedimentation and erosion control permit is approved by the County. Chairman Davis asked if anyone from the public would like to comment. Mr. John Feeley, representing the Drainage Roundtable group, requested the Board to the revise Section 32- 3(3)(b) as submitted and approved by the Planning Board. He objected to the development community presenting changes at the last minute and requesting the Board of County Commissioners to approve the revisions without the language being approved by the Planning Board. Commissioner Pritchett requested an explanation of why the development community recommended the two revisions. Director Hayes responded that the main purpose of the two revisions from the development community was concern about the amount of time involved with acquiring permits from outside agencies, such as the State Water Quality Permitting Division. The County has no control over these agencies and a considerable amount of time can pass before the permits are received which means the developer has to wait to begin construction. Mr. Warren Wakeland, Director of Governmental Affairs and Public Relations, advised that the development community was not trying to subvert the issue, but the home builders are trying to find a way to accommodate the recommendations of the Planning Board without excessive costs. The Wilmington-Cape Fear Home Builders Association is concerned about the increasing cost of new homes. When reviewing the different permits required for development of a subdivision before any construction can start, it requires a great deal of time. The developers are trying to find a cost efficient way to receive the applicable permits. Commissioner Pritchett asked if the developers were concerned about the denial of a permit from an outside agency when work had already begun. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 14 Mr. Wakeland responded that currently, the developers must go through the County to receive the erosion control and drainage permits which means they will be dealing with outside agencies. The developers are concerned about having to wait a year before any dirt can be shoveled or any type of construction can occur. The developers should be able to receive all applicable permits from the County. This procedure will save time and money on the cost of constructing a home. Mr. John Feeley informed the Board that New Hanover County does not approve stormwater improvements. The County approves infrastructure and sewer permits. The County works with outside agencies to receive approval of permits from the N. C. Department of Environment and Natural Resources or permits from the NCDOT or the Corps of Engineers prior to the start of construction. He urged the Board to vote on the recommendation presented by the Planning Board to protect the best interest of the County. Chairman Davis closed the Public Hearing. Commissioner Caster advised he felt it was better to remove Section 32-3(3)(b) from the text amendments presented and return this section to the Planning Board to review and determine which is the best revision. He expressed concern for receiving changes at the last minute from the Home Builders Association and urged the Planning Staff and other interested groups to have important information available before the meeting so the Commissioners have adequate time to review the data. He also complimented the development community and Planning Staff for working together to resolve issues of this type because there is a great deal of money and risk involved to developers when constructing subdivisions. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve amendments to the Subdivision Ordinance and the Stormwater Management Ordinance as recommended by the Planning Board with the exception of 32-3(3)(b) of the Subdivision Ordinance, which will be remanded to the Planning Board and presented to the Board of County Commissioners as a separate text amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: Ayes:Chairman Davis Vice-Chairman Greer Commissioner Boseman Commissioner Caster Noes:Commissioner Pritchett Copies of the text amendments to the Subdivision Ordinance are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 14.3. A second reading of the amendment to the Stormwater Management Ordinance is required since the vote was not unanimous. PUBLIC HEARING TO SOLICIT CITIZEN COMMENTS CONCERNING AN AMENDMENT TO THE 2001 SCATTERED SITE HOUSING PROGRAM FOR NEW HANOVER COUNTY Chairman Davis opened the Public Hearing and requested Staff Planner Wanda Coston to present background information on the 2001 Scattered Site Housing Program for New Hanover County. Ms. Coston reported that pursuant to North Carolina Department of Commerce, Division of Community Assistance (DCA) regulations, a Public Hearing must be held to solicit citizen comments concerning an amendment to the County’s Scattered Site Housing Program (SSHP). Funding in the amount of $18,000 was originally budgeted for clearance activities, but a program amendment is being submitted to the DCA to approve the deletion of these activities and reallocate the funds into the housing rehabilitation budget line item. To delete the demolition activities and reallocate funds requires submission of a program amendment and approval by the DCA. Chairman Davis asked if anyone from the public would like to comment. No comments were received. Hearing no comments, Chairman Davis closed the Public Hearing and called for a vote. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve and submit the program amendment to the Division of Community Assistance for the New Hanover County 2001Scattered Site Housing Program to reallocate funds budgeted for clearance activities into the housing rehabilitation budget line item. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the program amendment is on file in the Planning Department. 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 15 Announcement of Effort to Save the Magnolia Tree Located at the Intersection of Third and Front Streets Staff Planner Baird Stewart, a resident of 401 Camway Drive, Wilmington, N. C., presented information on the community effort to move the Magnolia Tree located at the intersection of Third and Front Streets to the1898 Memorial Park planned at Third and Davis Streets. The tree must be removed by January 31, 2002, and the cost of removing the tree is approximately $143,000. The City of Wilmington Finance Department has established an account to accept donations from businesses and citizens. Donations can be mailed to the City of Wilmington Finance Department, P. O. Box 1810, Wilmington, N. C., or questions regarding the effort can be answered by Howard Capps or Baird Stewart at the following email addresses: Email Address Baird Stewart:magnoliatree02@ hotmail.com Email Address Howard Capps:HTCA@wilmington.net Discussion was held on using grant funds to save the tree. Staff Planner Stewart advised that discussion is being held with NCDOT about trying to secure some enhancement grant funds. If sufficient money can be raised on the local level, it will help to secure a grant. Commissioner Caster requested Public Information Officer Mark Boyer to place this item on New Hanover County Television System bulletin board. Commissioner Pritchett urged the media to promote this community effort and stated the entire amount will go to moving the tree which will be a wonderful addition to the 1898 Memorial Park. Discussion of Survey Performed by Jim Souders on Planning Activities in New Hanover County Commissioner Boseman requested Mr. Jim Souders to comment on his recent survey on planning activities in the County and his proposed recommendation to better deal with these issues. Mr. Jim Souders, a resident of 233 Racine Drive, advised that he performed a survey to compare planning issues in New Hanover County to other counties of the approximate size and population throughout the state. It appears that planning activities in New Hanover County are dramatically different from other comparable counties. He referenced recent discussion about scheduling a meeting with the Planning Board to discuss the responsibilities of the Technical Review Committee and other planning activities and stated it would be an appropriate time to consider larger issues such as the Unified Development Ordinance being prepared by the City and County and the impact of consolidation on planning activities. In closing, Mr. Souders offered to expand the survey if larger issues needed to be reviewed. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Souders for his offer and comments. Discussion of Resolution to be Adopted by the Wilmington City Council Regarding Voter Approval of Annexation Vice-Chairman Greer asked if the Commissioners were aware that a resolution would be introduced by Council Member Jason Thompson at the City Council meeting on January 8, 2002 to decide if people should have the right to vote before an area is annexed by the City. He commented on the animosity of people recently annexed and stated if the resolution is adopted, final approval will have to be granted by the North Carolina General Assembly. Chairman Davis expressed appreciation to Vice-Chairman Greer for his comments and noted that he had spoken with Council Member Thompson and offered to assist him with a resolution of support from the Board of County Commissioners to encourage the local delegation to introduce and support the resolution; however, as of this date, no call or request for a resolution of support has been received from Council Member Thompson. Discussion of Increased Fees at the Register of Deeds Office Commissioner Boseman commented on increased fees at the Register of Deeds Office and asked County Manager O’Neal if he was aware of the amount of revenue being generated from these fees. County Manager O’Neal responded that he would be glad to check into this matter and report back to the Board. Commissioner Boseman asked County Attorney Copley if the Registrar of Deeds could legally prohibit people from using cell phones while checking records in the office. County Attorney Copley responded that discussion had been held with Ms. Becky Christian, the Registrar of Deeds, about overcrowding in the office. It appears that people are staying in the Registrar of Deeds Office all day using terminals as mini-offices which has usurped the space and created a great deal of noise. No discussion was held on the use of cell phones, but Ms. Christian was informed that she could establish rules and regulations to prevent people from using terminals as mini-offices for six to eight hours per day. Commissioner Boseman asked County Manager O’Neal why the Traffic Impact Ordinance was not place on the agenda as requested at the last meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 16 County Manager O’Neal advised that he would check with the Planning Director and report on the status of the ordinance. Commissioner Boseman asked County Manager O’Neal why the Board had not received a recommendation on offering a discount of ½ percent on early payment of property taxes. Deputy County Manager Atkinson responded that the Tax Administrator has been researching this issue and will forward a report to the Board. Commissioner Boseman noted that she was in favor of a small discount if the County did not lose money. Deputy County Manager Atkinson advised that the County would lose money because with low earnings on investments, it would be difficult to offset the discount reduction in taxes. Discussion of Designating Futch Creek as an Outstanding Resource Water (ORW) Chairman Davis referenced a letter received from the Pender County Board of Commissioners informing him that a Public Hearing had been held in Pender County to consider asking the State to designate Futch Creek as an ORW and the Board voted unanimously to pursue the designation. Chairman Davis asked if the Commissioners were interested in designating Futch Creek as an ORW in New Hanover County. Vice-Chairman Greer suggested conducting a Public Hearing and then taking the necessary action to support the designation of Futch Creek as an ORW. Consensus: After discussion, it was the consensus of the Board to conduct a Public Hearing on Monday, February 4, 2002, at the Regular Meeting of the Board. Discussion of Consolidation Effort Chairman Davis advised that he had met with Mayor Harper Peterson concerning issues involving consolidation as agreed upon at the regular meeting held on November 19, 2002. He referenced the memorandum of items discussed and requested comments from the members of the Board concerning adoption of a joint resolution to request City and County department heads to review all aspects involved with functional mergers and/or consolidation of departmental services to provide important details that will assist elected officials in understanding the opportunities and barriers to consolidation and functional mergers. Vice-Chairman Greer stated for a number of years the citizens of New Hanover County have asked for an opportunity to vote on consolidating the two governments. City and County department heads have been through numerous exercises working with various consultants and groups to perform studies to determine the pros and cons of consolidation. Many hours have been spent by both staffs in providing this type of information; therefore, the Board of County Commissioners and Wilmington City Council should first decide if both governing bodies want to give the voters an opportunity to vote on consolidation before performing more studies that will require numerous hours being spent by staff. Chairman Davis asked Vice-Chairman Greer if he felt the voters should have an opportunity to vote on functional consolidation or full consolidation. County Manager O’Neal explained that functional consolidation could occur without a vote by the citizens. The two governing bodies can decide on what departments should be merged and work out a plan for the mergers to occur. The major issue involved with functional consolidation is law enforcement because the Sheriff is a constitutional officer. Other areas, such as the Department of Social Services and Health Department, cannot be merged because cities in North Carolina are not authorized by N. C. General Statutes to operate and administer these services. When considering full consolidation, a plan of the consolidated government must be prepared and placed before the voters for approval or denial. Chairman Davis stated that he would like to know the pros and cons of functional consolidation while considering full consolidation. Vice-Chairman Greer informed Chairman Davis that Dr. Leland was just paid by the City and County to perform a study which showed the pros and cons of functional consolidation and full consolidation. A number of years ago, the City Council and Board of County Commissioners adopted resolutions to consolidate water and sewer services. This is a primary example of services that need to be combined, but as of this date, no progress has been made in this functional merger. The City Council and County Commissioners need to say up-front, that a plan will be presented to the voters on full consolidation to give them a right to decide. Chairman Davis noted that he would not consider functionally consolidating other departments until water and sewer services have been combined. Commissioner Caster advised that merging water and sewer services would be a huge step in moving forward with consolidation. He also suggested considering the joint resolution presented by Mayor Peterson to get the process started. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 17 Commissioner Boseman noted that people are probably wondering why the City and County are not merging some departments now and still considering consolidation. She stated that hopefully the new members of the City Council would be amenable to moving forward with the process. Vice-Chairman Greer asked why the Board of County Commissioners should assume that the City Council would adopt the plan from the Citizens Consolidation Advisory Committee. He questioned whether the Board should go through the process outlined in the resolution if the City Council does not want to present a consolidation plan to the voters. He stated if the City Council is willing to adopt a resolution to place a consolidation plan before the voters, he would not object to moving forward with the process. Commissioner Boseman asked Chairman Davis if there was any indication that the City Council was ready to move forward with merging water and sewer services. Chairman Davis responded that no definite answer was ever received on merging water and sewer services. He also referenced the comments made by County Manager O’Neal regarding functional merging and stated everyone should clearly understand that if the end result of the consolidation process is a functional merger instead of full consolidation, the people will not have an opportunity to vote. Vice-Chairman Greer again expressed concern for going through a long process that will end up with only functional consolidation instead of giving the citizens the right to vote on full consolidation. Chairman Davis asked the Board if consideration should be given to allowing the citizens to vote on functional consolidation or full consolidation even though a vote is not required for functional consolidation. County Manager O’Neal responded that if both issues are placed before the voters, there should be a specific plan for functional consolidation as well as full consolidation. Commissioner Pritchett stated that she felt the vast majority of the public did not know the meaning of functional consolidation or full consolidation. She stressed the importance of educating the public about the two choices of government before placing any plan before the voters. She also expressed concern about the beach communities not being included in the consolidation process and stated it was imperative to include these municipalities in the process. Chairman Davis explained to Commissioner Pritchett that the beach communities were invited to become involved in the last consolidation study and each town chose not to participate. He offered to write a letter to the beach communities inviting them to participate in the current consolidation process. Commissioner Pritchett advised that the beach communities are now interested in being involved in the current process and noted it would be better to include them and then allow them to withdraw if so desired. Consensus: After further discussion, it was the consensus of the Board to authorize the Chairman to write a letter to the beach communities inviting them to participate in the consolidation process. Discussion followed on whether the New Hanover County School System should be included in the process since the County appropriates funding to the system. County Manager O’Neal stated that he felt it would be inappropriate to include the schools because this system could not become a department of County government. Under State Statutes, schools are governed by an elected Board of Education to carry out the federal and state laws governing education. Chairman Davis asked who would appoint the members of the Citizens Consolidation Advisory Committee. He noted that discussion has been held on appointing members from designated categories such as the environmental community, building community, and business community. If the City Council and County Commissioners do not appoint these members because of an effort to keep politics out of the process, who will select the members. From a practical point of view, this process would require the members to be established first with some type of mechanism developed for appointment. Another item of concern is going through a long study process with the end results being that the City Council will be in favor functional consolidation and the County in favor of full consolidation. Chairman Davis concluded his remarks by saying that he agreed with Vice-Chairman Greer and stated both governing bodies should make a commitment that if full consolidation is recommended by the Citizens Consolidation Advisory Committee, neither governing body will stand in the way of allowing the citizens to vote. The same commitment should be made if the Committee should recommend functional consolidation. Vice-Chairman Greer agreed with the statements made by Chairman Davis. Commissioner Boseman suggested scheduling a joint meeting with the City Council as soon as possible to decide on the process to use. County Manager O’Neal advised that he would be meeting with Ed Fare, Interim City Manager, on Thursday and offered to see if a convenient date could be found to schedule a joint meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 18 Commissioner Caster referenced the resolution that the City Council has requested the Board to adopt and stated that he felt the purpose of the resolution was to start the gathering and organizational process. He noted that he did not feel the resolution was a way to support functional consolidation, and he suggested adopting the resolution to get the consolidation process started. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt the resolution as presented by Mayor Peterson and schedule a joint meeting with the City Council as soon as possible. Chairman Davis stated that Mayor Harper Peterson was present and would like to comment. Mayor Peterson reported that contact had been made with the Mayors of Wrightsville Beach, Carolina Beach, and Kure Beach to request their participation in the process to be sure they were not left out of the process as was done in the last consolidation effort. Chairman Davis expressed concern for Mayor Peterson saying that the beach communities were not invited to participate in the previous consolidation process. He stated, for the record, the beach communities were asked to become involved in the consolidation effort and they chose not to participate. Mayor Peterson responded that the perception in the beach communities is that they have been left out of the process, which is not good for the consolidation effort. Mayor Peterson reported that he personally was in favor of full consolidation but could not speak for other members of City Council. He agreed with the statement made by Commissioner Pritchett and stressed the importance of educating the public about consolidation before asking them to vote on a plan. This was the purpose for recommending a Consolidation Forum to be held at UNCW in early or mid March similar to the forum held in April 1991 which was quite successful. With new Council Members and new County Commissioners, it is important to bring people up to date on the consolidation effort. The Citizens Consolidation Advisory Committee appointed in 1987 was an effective group that prepared a consolidation plan including the nuts and bolts for structuring a new combined government. Even though this effort was not successful, this Committee was an independent, diverse, balanced autonomous group of citizens that did an excellent job. The same type of Committee can be appointed for the current consolidation process. After discussion of how the Citizens Consolidation Advisory Committee would be appointed, Mayor Peterson stated that reaching out to interest groups that are stakeholders would be a method for selecting members. Establishing the Comprehensive Land Use Plan Steering Committee was a good process where representatives were selected from the building industry, environmental community, concerned neighborhoods, educational community and beach communities. These stakeholders were responsible and presented an objective recommendation. If the two governing bodies make the appointments, it will become a political process. Further discussion was held on who would decide on the designated categories and the number of people to serve on the Citizens Consolidation Advisory Committee. Chairman Davis asked if the small group that has been meeting comprised of Mayor Peterson, Council Member Quinn, Commissioner Pritchett and himself, could discuss the categories and present a recommendation to both governing bodies. Mayor Peterson responded that he felt the group could prepare a recommendation and he emphasized the importance of including the minority community. Further discussion was held on when the first joint meeting of the City Council and Board of County Commissioners should be scheduled. Commissioner Boseman spoke on the importance of moving forward with scheduling a joint meeting because many people want to know if there are enough votes on both boards to support full consolidation. She expressed concern for spending a great deal of time on the process if there are not sufficient votes. Mayor Peterson responded that he could not answer the question regarding the number of Council Members that would support full consolidation. He suggested adopting the proposed concurrent resolution to lay the ground work for Staff to perform the information gathering process. He also spoke on understanding the frustrations of all interested parties because of studies, discussions, and delays and stated in fairness to the elected officials serving on the governing bodies in 2002 and to the community, some unnecessary steps may need to be taken to be sure everyone understands the process. A joint meeting between the two governing bodies to discuss a few items might be productive; however, concurrent resolutions should be adopted to begin the process. Vice-Chairman Greer referenced the resolution prepared by the County and stated it should replace the resolution to be adopted by the City Council because it specifically follows the North Carolina General Statutes in carrying out the consolidation process. The statute reads as follows: N.C.G.S. 153A-401: Two or more counties or cities may by concurrent resolutions of their governing bodies establish a charter or governmental study commission as provided under this section: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 19 (1) To study the powers, duties, functions, responsibilities, and organizational structures of the counties or cities that established the commission and of other units of local government and public agencies within those counties or cities. (2)To prepare a report on its studies and findings. (3)To prepare a plan for consolidating one or more functions and services of the governments that established the commission. (4)To prepare drafts or any agreements or legislation necessary to effect the consolidation of one or more functions and services. (5)To prepare a plan for consolidating into a single government some or all of the governments that established the commission. (6)To prepare drafts of any legislation necessary to effect the plan of governmental consolidation. (7) To call a referendum, as provided in N.C.G.S. 153A-405, on the plan of governmental consolidation. Mayor Peterson noted that he was encouraged by the amount of interest shown by Council Members and stated there is a genuine interest in looking at the merits of functional consolidation even though some Council Members are in favor of full consolidation. Functional consolidation has merits and should be investigated. This process would not delay the consolidation effort more than a month or six weeks. The resolution to be adopted by the City Council is a step in the right direction and it should be adopted by the Board of County Commissioners to make a good faith gesture to consider functional or full consolidation. Vice-Chairman Greer advised that he did not disagree and noted that the process outlined in the General Statues would provide for a review of both forms of consolidation. Mayor Peterson advised that he needed more time to review the resolution proposed by the Commissioners before commenting on this procedure. He requested the Board to consider the resolution to be adopted by the City to let the citizens know that both governing bodies are interested in moving forward with the consolidation process. Vice-Chairman Greer suggested scheduling a joint meeting with the City Council to discuss this issue because the resolution to be adopted by the City Council should not be the first step in the consolidation process. He recommended preparing a resolution following the guidelines in the North Carolina General Statues to begin the process on the right track. Commissioner Caster advised that the City Council was ready to move forward with the resolution presented by Mayor Peterson and he requested the Chairman to call for a vote on the motion made by Commissioner Boseman. Commissioner Pritchett expressed concern for receiving the resolution presented by Mayor Peterson at the last minute and she requested time to thoroughly review the document before taking action. She suggested that Staff prepare a resolution as outlined in the General Statutes to be considered by the Board on January 22, 2002. Chairman Davis requested County Manager O’Neal to read the concurrent resolution that Mayor Peterson has requested the County to consider and adopt. He noted that the same resolution would be presented to the City Council for adoption on Tuesday, January 8, 2002. County Manager O’Neal read the following resolution into the record: RESOLUTION REQUESTING TECHNICAL INFORMATION AND REQUIREMENTS FOR THE CONSOLIDATION OF COUNTY AND CITY SERVICES, PROGRAMS, AND DEPARTMENTS LEGISLATIVE INTENT: Any proposal to consolidate the services, programs, and departments of New Hanover County and the City of Wilmington must consider the technical, physical, and legal issues involved in such an undertaking. Examples of such issues might include space requirements, information systems compatibility, statutory authority, and available personnel. While it remains the purview of the respective elected governing boards to exercise political leadership and judgment in this matter, the County and City staffs are uniquely positioned to provide important details that would be invaluable in developing an understanding of the opportunities and the barriers to consolidation and functional mergers. RESOLVED: The New Hanover County Board of Commissioners directs the County Manager to prepare a summary outline of the technical, physical, and legal issues that must be addressed in order that the County of New Hanover may be successfully consolidated or functionally merged with the City of Wilmington. The outline should be prepared by service, program or department in such a way that it is aligned as closely as possible with the service, program, or department with which the consolidation or merger would most logically take place. The Council of the City of Wilmington is urged to take similar action. Close coordination between the County and City staff is imperative, including a mutual agreement as to the schedule for completion of this task. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 20 Chairman Davis called for a vote on the motion made by Commissioner Boseman, seconded by Commissioner Caster, to adopt the resolution as read and move forward with scheduling a joint meeting with the City Council. Upon vote, the MOTION FAILED 2 to 3 as follows: Ayes:Commissioner Boseman Commissioner Caster Noes:Chairman Davis Vice-Chairman Greer Commissioner Pritchett After further discussion, Chairman Davis requested Staff to prepare a resolution to include some suggestions made by Mayor Peterson and the guidelines listed in the General Statutes as suggested by Vice-Chairman Greer. The resolution should be prepared and forwarded to the Board before the Staff Meeting scheduled on January 17, 2002, so it can be discussed. Staff is also requested to move forward with scheduling a joint meeting with the City Council. County Manager O’Neal advised that Staff would be glad to prepare the resolution and schedule the joint meeting; however, he noted that this action would not preclude Mr. Fare and himself from meeting to discuss logistics of the process with reports being presented to the respective governing bodies. Discussion was held on the recommendation for establishing a Citizens Consolidation Advisory Committee. Vice-Chairman Greer noted that pursuant to the General Statutes, an advisory board should be established and this item should be discussed at the joint meeting. After further discussion, Chairman Davis noted that when a joint meeting is scheduled with the City Council, the topics of discussion will be moving forward with establishing a Citizens Consolidation Advisory Committee and scheduling a Consolidation Forum at UNCW. Commissioner Caster requested the Board to consider appointing two County Commissioners and two Council Members to meet and prepare a recommendation for establishing the Citizens Consolidation Advisory Board with the respective governing bodies receiving a copy of the recommendation prior to the joint meeting. He emphasized the importance of having a document before the two governing bodies when discussing this issue. Commissioner Pritchett agreed with the recommendation made by Commissioner Caster. Consensus: After discussion of the need to appoint two Commissioners to serve on a committee to prepare a recommendation to establish the Citizens Consolidation Advisory Board, it was the consensus of the Board to appoint Chairman Davis and Commissioner Pritchett. Mayor Peterson advised that he would serve on the committee and appoint another member of the City Council to serve and report back to Chairman Davis. Chairman Davis also informed Mayor Peterson that he had previously requested former Mayor David Jones to appoint two Council Members to meet with Vice-Chairman Greer, Chairman of the Water and Sewer District, and Commissioner Pritchett, Vice-Chairman of the Water and Sewer District, to begin discussion of merging water and sewer services. He advised that no response had been received and requested Mayor Peterson to appoint two Council Members. Mayor Peterson advised that he would review the letter written to former Mayor Jones and respond to Chairman Davis on the appointment of two Council Members. He also commented on the need to reconvene the Comprehensive Steering Committee comprised of eighteen members established in 1997, which included former Mayor Hamilton Hicks, himself, Commissioner Caster, former Commissioner Buzz Birzenieks, and John Jeffries as Chairman, to review the progress of the Comprehensive Land Use Plan and Unified Development Ordinance. He emphasized the importance of having this successful group to review the progress of both documents which serve as the blue print for growth in the entire county. Chairman Davis informed Mayor Peterson that Mr. Jeffries had called his office, and he had not been able to return the call. He asked the members of the Board if they would like to consider reconvening this committee. Commissioner Pritchett advised that she was not fully convinced it was a good idea to reconvene this group because there is the potential to overturn progress that has already been made in preparing the Unified Development Ordinance. After discussion, Vice-Chairman Greer agreed with Commissioner Pritchett and stated that many people have worked for years to develop the Unified Development Ordinance and it would be unfortunate to begin changing the rules at the end of the process. Mayor Peterson assured the Board that reconvening this group would not threaten the work performed by the Unified Development Ordinance Committee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 21 Vice-Chairman Greer asked Mayor Peterson how the original Comprehensive Steering Committee would be able to review the progress that has been made when this group has not been holding meetings. Mayor Peterson advised it would be an opportunity for the original drafters of the Comprehensive Land Use Plan, County Planning Director and City Planning Director to brief both governing bodies on the progress of the Comprehensive Plan and Unified Development Ordinance, which would be a healthy process for all parties involved. Vice-Chairman Greer suggested holding a Public Hearing and inviting the original members of the Comprehensive Land Use Steering Committee to attend. Mayor Peterson responded that holding a Public Hearing would be an option to consider. Chairman Davis requested time to discuss this matter with Mr. Jeffries before deciding on reconvening the Comprehensive Land Use Plan Steering Committee. He expressed appreciation to Mayor Peterson for the time he had given to move forward with the consolidation effort and stated for the first time, he felt the City Council and Board of County Commissioners were ready to work together on this important issue. Announcement of Seminar on Mental Health Reform Act County Manager O’Neal announced that on January 17, 2002, the N. C. City-County Managers Association will host a training seminar on the Mental Health System Reform Act at the Sheraton Inn, Research Triangle Park, from 9:00 a.m. until 4:00 p.m. He advised that Budget Director Cam Griffin, Commissioner Pritchett, and he plan to attend because of the additional costs and responsibilities that could be imposed on counties in the provision of mental health programs. He requested any Commissioner interested in attending the seminar to contact him and he would make the necessary arrangements. A lengthy discussion was held on the increased cost of Medicaid funding to counties throughout the State. County Manager O’Neal advised that in FY 2001-2002, New Hanover County experienced an increase of 33% in the local share of Medicaid funding. This was equivalent to $1.9 million representing 1.5 cents on the ad valorem tax rate. He advised that North Carolina was one of seven states in the country where local governments are responsible for funding Medicaid. This funding is a significant part of the budget for the Department of Social Services and with the proposed reforms for mental health, Medicaid funding will only increase. After discussion of preparing a resolution requesting the State to assume the responsibility of Medicaid funding for New Hanover County, County Manager O’Neal was requested to prepare a resolution to be considered by the Board on January 22, 2002. Discussion of the Traffic Impact Study County Manager O’Neal referenced the inquiry by Commissioner Boseman regarding the Traffic Impact Study and advised that a memorandum was forwarded to the Board dated November 29, 2001, informing the Commissioners that the Planning Board was scheduled to hear the request at the January meeting; however, due to the snow, the meeting was not held. He advised that he would check with Planning Director Hayes and report back on when this item would be heard by the Commissioners. Authorization for the Juvenile Day Reporting Center to Submit Grant Application to the Cape Fear Memorial Foundation Deputy County Manager Atkinson requested the Board to authorize the Juvenile Day Reporting Center Director to apply for a $78,000 grant from the Cape Fear Memorial Foundation. The money will be used to fund the development of a culinary arts program and expand the educational curriculum for at-risk youth in the JDRC program. It will cover one full-time instructor, 2 part-time food service assistants, and some equipment and expendable supplies. No County match is required. Commissioner Caster asked why Cape Fear Community College could not be used for the culinary arts program. County Manager O’Neal advised the objectives of the two programs were not alike because the population for the Juvenile Day Reporting Program was entirely different. The young people are under the age of 16. Commissioner Caster requested Deputy County Manager Atkinson to check into the use of Cape Fear Community College before hiring instructors and purchasing equipment. Deputy County Manager Atkinson advised that he would check into this matter and report back to the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to authorize the Juvenile Day Reporting Center to submit a grant application in the amount of $78,000 to the Cape Fear Memorial Foundation. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 7, 2002 PAGE 22 ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 10:50 P.M. Respectfully Submitted, Lucie F. Harrell Clerk to the Board