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2002-04-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 112 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 1, 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; Deputy County Attorney, Kemp Burpeau, and Clerk to the Board, Lucie F. Harrell. County Attorney Wanda M. Copley arrived at 7:15 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager Andy Atkinson gave the invocation. Coach Jerry Wainwright and members of the UNCW Seahawks Basketball Team led the audience in the Pledge of Allegiance to the Flag. PROCLAMATION CONGRATULATING COACH JERRY WAINWRIGHT AND THE UNCW SEAHAWKS MEN’S BASKETBALL TEAM FOR A WINNING SEASON Chairman Davis read a resolution congratulating Coach Jerry Wainwright and members of the UNCW Seahawks Men’s Basketball Team for proceeding to the NCAA Championship Tournament and winning the first round. This achievement has brought honor and recognition to the University of North Carolina at Wilmington through the team’s exceptional sportsmanship, academic achievement, and respectful demeanor both on and off the basketball court. He requested a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the resolution. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis requested Coach Wainwright and members of the basketball team to step forward to receive the resolution and be recognized for an outstanding basketball season. Coach Wainwright expressed appreciation to the County Commissioners for this special recognition. He complimented the team for working together to have a winning season, and stated this is a family oriented team that feels UNCW and New Hanover County have become their homes away from home. With most of the team returning next year, an effort will be made to continue to strive for excellence. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.10. ANNOUNCEMENT OF REGULAR AGENDA ITEM 5 BEING RESCHEDULED TO THE APRIL 15, 2002, BOARD MEETING Chairman Davis informed the audience that Dr. Constantini, Director of the Southeastern Center, has rescheduled this item until the April 15, 2002, meeting. Chairman Davis also announced that Attorney Alton Y. Lennon had written a letter to the Board of County Commissioners dated March 28, 2002, to reschedule the zoning of approximately 10.08 acres of property located at 6335 Gordon Road until May 6, 2002. He informed the audience that since the Public Hearing was not scheduled until 7:50 P.M., Attorney Lennon would have to make this request at the appropriate time. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Commissioner Caster requested removal of Consent Agenda Items 2, 3, 4, and 5 for discussion. Chairman Davis requested Commissioner Caster to discuss the items removed. Commissioner Caster referenced Consent Agenda Item 2 regarding the Futch Creek Tributary Water Quality Enhancement and Restoration Project and stated that the first phase of the project was being submitted for approval, not the entire project. Vice-Chairman Greer asked why the entire project was not being awarded and requested the amount of the bid award for the first phase. Senior Planner Alex Marks explained that Request for Qualifications had been sent out to different consulting firms, and the Selection Committee, comprised of County Staff, City Staff, and members of the Tidal Creeks Advisory Board, decided to choose the firm of Buck Engineering from Cary, North Carolina. After further discussion, it was felt that Phase I, the Feasibility/Conceptual Design, should be awarded to Buck Engineering in the amount of $17,820 to be sure that all parties involved agreed on the concept and design of the Futch Creek Tributary Water Quality Enhancement and Restoration Project before moving forward with the next phase. He also noted that funding for the four phases of NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 113 the project was budgeted and available to be used for that purpose. Ms. Marian T. McPhaul, a member of the Tidal Creeks Advisory Council, informed the Commissioners that this matter was not appropriately presented to the Advisory Council before being forwarded to the New Hanover County Board of Commissioners for approval. She requested the Board to table action on this item until the Tidal Creeks Advisory Council meets on April 12, 2002, and a recommendation can be forwarded to the Board of County Commissioners. She also noted that the information being considered had not been presented to the Tidal Creeks Advisory Council. Commissioner Caster disagreed with the statement made by Ms. McPhaul and stated that the project had been discussed for 18 months with members of the Tidal Creeks Advisory Board. He requested the Commissioners to award the bid for the first phase. Commissioner Pritchett asked if the information had been presented to the Tidal Creeks Advisory Council. Commissioner Caster responded that the information had been presented to the Council and noted that he was comfortable with the bid award. Commissioner Boseman asked if there was a problem with delaying this item until the Tidal Creeks Advisory Council meets in two weeks and presents a recommendation to the Board of County Commissioners. Commissioner Caster responded that frequently a quorum was not present at the Tidal Creeks Advisory Council. Since this group meets only once a month, issues are delayed until the next meeting. He urged the Board to move forward with the bid award for the Futch Creek Tributary Water Quality Enhancement and Restoration Project. Commissioner Boseman recommended delaying the project. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to award a bid in the amount of $17,820 to Buck Engineering to perform Phase I, the Feasibility/Conceptual Design of the Futch Creek Tributary Water Quality Enhancement and Restoration Project. Ms. McPhaul informed the Board that the issue before the Commissioners had been discussed in general terms with the Tidal Creeks Advisory Council; however, the information presented in the contract bid and the amount of the bid award were not presented to the Advisory Council for a recommendation to the Board of County Commissioners. Since this is the procedure outlined in the contract with the Clean Water Trust Fund, this item should be delayed until the Advisory Council has an opportunity to present a recommendation to the Board of County Commissioners. Substitute Motion: Commissioner Boseman MOVED, SECONDED by Chairman Davis, to table this item until a recommendation has been received from the Tidal Creeks Advisory Council. Upon vote, the MOTION FAILED 2 to 3. Vice-Chairman Greer, Commissioner Caster, and Commissioner Pritchett voted in opposition. Chairman Davis called for a vote on the original motion to award the contract to Buck Engineering in the amount of $17,820 to perform the first phase of the Futch Creek Tributary Water Quality Enhancement and Restoration Project and to authorize the Chairman to sign the necessary contract documents. Upon vote, the MOTION CARRIED 3 to 2. Chairman Davis and Commissioner Boseman voted in opposition. A copy of the contract is on file in the Legal Department. After discussion of money being available for Consent Agenda Items 3 and 4, these items were placed back on the Consent Agenda for approval. Commissioner Caster referenced Consent Agenda Item 5 and spoke on concern about water from the Highway 17 By-Pass project draining toward the tidal creeks and stated after discussion with NCDOT local officials, some actions have been taken to address the problem; however, if this item is postponed to a later date, the Planning Staff will have time to meet with NCDOT officials to determine if further actions can be taken to better protect the Futch/Foy Creek watershed. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to table Item 5 on the Consent Agenda until a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis called for a motion to approve Consent Agenda Items 1, 3, and 4. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve Consent Agenda Items 1, 3, and 4. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Budget Amendment #02-0160 to Budget Tax Revenue for Past Due Taxes on the Cape Fear Optimist Park at Castle Hayne, North Carolina The Commissioners approved the following budget amendment to budget tax revenue for the Cape Fear NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 114 Optimist Park past due taxes for 1999 ($611.50), 2000 ($649.94), and 2001 ($680.75), since the County is the leaseholder of the property. The Cape Fear Optimist Club constructed a press box and storage building in 1998 at the Cape Fear Optimist Park at Castle Hayne. These additions were never added to the property tax record by the Optimist Club as required by the N. C. Machinery Act. The park is now leased by the County for various recreational programs. Due to an incorrect mailing address, the Cape Fear Optimist Club did not respond within 30 days after receiving a discovery letter from the Tax Office. There is no provision in General Statutes to correct this problem since the 30 days have passed; however, the Cape Fear Optimist Club has corrected the problem with the Tax Office for future years. If the property had been reported in a timely manner, the property would have been tax-exempt along with all the other Park properties. Budget Amendment #02-0160 - Tax/Parks AdjustmentDebitCredit Tax: Ad Valorem Taxes - Current $681 Ad Valorem Taxes - lst Prior 650 Ad Valorem Taxes - Other Years 612 Parks: Tax Refunds & Payments $1,943 Explanation: To budget tax revenue for the past due taxes on the Cape Fear Optimist Park. Authorization to Utilize Tidal Creeks Program Funds to Fund the Airlie Gardens Environmental Education Pilot Project The Commissioners authorized utilization of Tidal Creeks Program monies in the amount of $61,200 to fund the Airlie Gardens Environmental Education Pilot Project. Airlie Gardens plans to develop a comprehensive environmental education pilot program as the first step in a larger initiative in which Airlie Gardens will become the focus of water quality education programs in eastern North Carolina. The pilot program will utilize the Airlie Rain Garden and the Bradley Creek Overlook as focal points, and a school field trip program will be developed for New Hanover County 8th grade students. Authorization to Utilize Tidal Creeks Program Funds to Produce Water Quality Public Service Announcements The Commissioners authorized use of Tidal Creeks Program monies in the amount of $1,850 to contract with Dr. William Bolduc, UNCW Department of Communications, to produce six (6) 30-second water quality public service announcements. The announcements will be produced by students enrolled in the "Environmental Documentary Production," course, who will work closely with a subcommittee including several members of the Tidal Creeks Watershed Management Advisory Board and New Hanover County Public Information Officer Mark Boyer. ADOPTION OF PROCLAMATION DESIGNATING THE WEEK OF APRIL 7-13, 2002, AS NATIONAL COUNTY GOVERNMENT WEEK County Manager O’Neal requested the Board to adopt a proclamation declaring the week of April 7-13, 2002, as National County Government Week in New Hanover County in recognition of the leadership, innovation and valuable services provided to our citizens. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the proclamation designating National County Government Week the week of April 7-13, 2002, as in New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis expressed appreciation to the excellent quality of work performed by Staff and County employees. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.11. ADOPTION OF PROCLAMATION DECLARING THE WEEK OF APRIL 21-27, 2002, AS APPRECIATION WEEK FOR COUNTY DEPARTMENTS OF SOCIAL SERVICES EMPLOYEES IN NEW HANOVER COUNTY Chairman Davis read a proclamation declaring the week of April 21-27, 2002, as Appreciation Week for County Departments of Social Services Employees in New Hanover County. He requested a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation County Social Services Employees Appreciation Week designating the week of April 21-27, 2002, as in New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis requested Assistant Director of Social Worker Services, Wanda Neidig, to step forward to receive the resolution. He expressed appreciation to Ms. Neidig and all employees of the Department of Social Services for the excellent quality of services being provided to the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 115 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.12. ADOPTION OF PROCLAMATION DECLARING APRIL 2002 AS CHILD ABUSE PREVENTION MONTH IN NEW HANOVER COUNTY Chairman Davis read a proclamation declaring the month of April 2002 as Child Abuse Prevention Month in New Hanover County. He requested a motion to adopt the proclamation. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation designating Child Abuse Prevention Month the month of April 2002 as in New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested Ms. Neidig to step forward to receive the proclamation. He expressed appreciation to Ms. Neidig and employees at the Department of Social Services for the efforts being made to stop child abuse in New Hanover County. Ms. Neidig expressed appreciation to the Board for adopting the proclamation in support of efforts being made to stop child abuse, and she invited the Commissioners to attend a Media Conference scheduled on April 11, 2002, 10:00 A.M., at Westfield Independence Shoppingtown where there will be an unveiling of a painting by a local artist. She noted that the entire month would be focused on stopping child abuse and introduced Miss Wilmington, Ashley Scott, who will be participating in another event scheduled for April 26, 2002. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.13. STATUS REPORT ON EFFORTS MADE TO ESTABLISH A GOVERNMENTAL CONSOLIDATION STUDY COMMISSION Chairman Davis noted that he had requested this item to be placed on the agenda to hold discussion on what direction the County Commissioners should follow on establishing a Governmental Consolidation Study Commission. Pursuant to a request by Mayor Harper Peterson, it was agreed to form a study group comprised of the Mayor, Chairman of the Board, one member of City Council and one member of the Board of County Commissioners to meet and decide how both boards should proceed with consolidation, particularly with the selection of a Governmental Consolidation Study Commission. The City Council selected Councilman Jim Quinn and the County Commissioners selected Commissioner Nancy H. Pritchett to serve as members of the group. Several meetings have been held to discuss how to move forward with the process. Prior and parallel to this discussion, the Commissioners had requested the City Council to appoint two members to serve on a Water and Sewer Services Merger Committee to combine utility services. In 1996, a resolution was adopted by the City Council and Board of County Commissioners to move forward with merging water and sewer services. The former mayor, David Jones, was requested to appoint two members, but since he was not running for re-election, it was felt that the newly elected Mayor should assume this responsibility. A letter was written to Mayor Peterson requesting the City Council to appoint two members to serve on the Water and Sewer Services Merger Committee. At the same time, a resolution was adopted by the Board of County Commissioners to present to the City Council regarding the establishment of a Governmental Consolidation Study Commission pursuant to N. C. General Statute Article 20, Chapter 153A so this Commission could be charged with developing a plan for consolidation, and if agreed upon by the respective boards, a referendum could be called to allow the voters an opportunity to vote on a plan. Mayor Peterson was present at the meeting, and he requested that certain changes be made to the resolution. The Board agreed and amended the resolution accordingly and requested the City Council to adopt a similar resolution. When receiving the resolution adopted by the City Council, changes were made to state that the Governmental Consolidation Study Commission would come forth with a recommendation instead of a specific plan, and language referring to a referendum was removed from the resolution. At the same time, a letter was received from Mayor Peterson informing the Board that the City Council would not select two members of Council to serve on a Water and Sewer Services Merger Committee; however, Councilman Quinn and Mayor Peterson would continue to serve on the study group to discuss consolidation issues, including water and sewer services. After commenting on the latest developments with the consolidation effort, Chairman Davis stated that he placed this item on the agenda so the Board could discuss the next step in the process. With the County being limited in its financial resources and the lack of staffing to address large projects, such as implementing a countywide commercial and residential collection system, the consolidation endeavor would only place more work on Staff. He requested direction from the Board. Commissioner Pritchett spoke on being concerned about the shortage of funding and reduced staff and stated this may not be the best time to move forward with a project of this magnitude. Commissioner Caster expressed concern for delaying the consolidation effort and asked when it would be a good time. Commissioner Pritchett responded that once the FY 2002-2003 budget is adopted and time is allowed for NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 116 financial issues to ease, which should be in about 18 months, it might be more appropriate to address the consolidation issue. Chairman Davis referenced the Water and Sewer Services Merger Committee and noted that discussion was held on this issue in 1996 and stated in 2002 no progress has been made on combining these services. This lack of action by the City Council does not create a good feeling about trying to merge departments or move forward with the consolidation process. There is no need to perform another study that will be placed on a shelf. Commissioner Caster noted that financial constraints are being experienced by both the City and County, which in his opinion, cries for consolidation. It is difficult to understand why a team cannot be appointed to prepare a plan to present to the governing bodies to be agreed upon and presented to the voters. With both governing bodies installing water and sewer lines, the merger of water and sewer services should not be a question. He suggested moving forward with the consolidation process. Commissioner Boseman spoke on moving forward with functional consolidation as recommended by Dr. Suzanne Leland in the last study and stated that taxpayer money was just spent on a study with no one acting as if the study had been performed. Chairman Davis disagreed with Commissioner Boseman and stated that he would like for the voters to have an opportunity to vote on full consolidation. He noted that when it was decided to make another attempt to consolidate the two governments, the previous Board met with the City Council and all five Commissioners voted for full consolidation. The City Council rejected this offer and requested a study, which was performed by Dr. Suzanne Leland. The Board was not in favor of the study, but to appease the City Council the Commissioners decided to pay half of the cost to conduct the study. The study is now on a shelf, and this is the reason why a Governmental Consolidation Study Commission should be appointed pursuant to North Carolina General Statutes so a plan can be presented to the voters. Commissioner Pritchett pointed out that any departments merged through functional consolidation would be part of a consolidated government and stated with limited resources, this might be an option to consider. Vice-Chairman Greer advised that the purpose of the current consolidation effort is to decide on how to provide services to our citizens in the most cost efficient way, which in his opinion is full consolidation. As mentioned, the City Council and Board of County Commissioners adopted concurrent resolutions approximately six years ago to merge water and sewer services, which has never been accomplished. In Dr. Leland’s study, the first merger recommended was water and sewer services. It is the responsibility of the City Council and Board of County Commissioners to provide the citizens with a plan so they can decide on full consolidation or functional consolidation. It would be unfortunate for the City and County to involve Administrative Staffs and Department Heads in spending countless hours to prepare the necessary information for development of another plan or merging departments with nothing happening. A commitment should be made by the City Council before moving forward with another plan or functional merger. The most important issue, as pointed out in the Dr. Leland’s study, is the merger of water and sewer services. This merger should occur with control being equally shared by the City and County without either government having an upper hand. Commissioner Caster expressed concern for functional consolidation without establishing time frames to avoid a piecemeal process. Functional consolidation could occur among small departments without combining key departments that are meaningful to the public health and safety of our citizens, such as water and sewer, law enforcement, and the fire service. Chairman Davis asked if the members of the Board were in favor of Commissioner Pritchett and he continuing to meet with Mayor Peterson and Councilman Quinn to discuss the consolidation issue. Commissioner Caster expressed appreciation to Chairman Davis, Commissioner Pritchett, Mayor Peterson, and Councilman Quinn for the time given to address the consolidation issue and he encouraged the study group to continue to meet. He stated if the group feels nothing is being accomplished and the time is being wasted, the meetings should be stopped. Chairman Davis recognized and welcomed Mayor Harper Peterson. Mayor Peterson expressed appreciation to the Board for an opportunity to speak, and stated that consolidation, whether functional or total, will provide the citizens with a more equitable and efficient government. He urged the Board to continue to allow the study group to meet and move forward with the consolidation effort. Mayor Peterson reported on the history of consolidation for the past six years and stated that he would like to explain the position of the City Council. There are seven members of the City Council with some members serving only three months, two years, four years, six years and eight years. Both governing bodies need to remember that we are in the year 2002, not 1995 or 1987. There are many new people in the community and many citizens who have been through the last two consolidation efforts that do not grasp the meaning of consolidation. The citizens need to be educated on consolidation options. The consolidation process should not be contingent upon merging water and sewer services as the first major issue. With no incumbent running for Sheriff in the November election, it is an ideal time to consider merging law enforcement, and since a City/County Unified Development Ordinance is being developed by both Planning Departments, it would be good time to consider merging these departments. With many facilities and programs shared by the City and County, the Parks and Recreation Departments should be merged. He urged the Board to keep NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 117 the consolidation process open through continuing the meetings of the study group. Mayor Peterson informed the Board that he supported adopting a resolution to establish a Governmental Consolidation Study Commission pursuant to the N. C. General Statutes; however, a Blue Ribbon Citizens Committee could be established with recommendations being presented to both governing bodies within 60 to 90 days. Experience has taught us that developing a plan requires a great deal of time because it will be the nuts and bolts of a new government. The Blue Ribbon Citizens Committee would review past experiences, study jurisdictions outside New Hanover County, and analyze the present state of affairs of both governments. The Committee would prepare solid, well- founded educated recommendations to both governing bodies. Before asking citizens to volunteer their time and effort to serve on a committee, the governing bodies need to concur with the following recommendations: (1) review one individual departmental consolidation; (2) departmental consolidation across the board but retaining our autonomy as elected jurisdictions; and (3) total consolidation creating a new government. Mayor Peterson concluded his comments by saying both governing bodies must not look back, but look forward. All of the elected officials need to be brought forward on the same page in 2002 to better understand the consolidation process. Vice-Chairman Greer expressed concern for both governing bodies agreeing to proceed with an issue and the City Council then deciding that the procedure should be changed. An example is the last resolution that was developed to establish the Governmental Consolidation Study Commission where Mayor Peterson requested the Commissioners to make some changes that he felt would be acceptable to the City Council. The Commissioners agreed to amend the resolution and when Mayor Peterson presented the resolution to the City Council, the resolution was significantly changed. It is not reasonable to go through a time consuming process that will require a great deal of work if the City Council is not sincere about moving forward with some type of a commitment. A commitment should be made up-front by the City Council before the Board moves forward with the consolidation effort. Mayor Peterson assured the Commissioners that he was sincere about this issue. He noted that it was not fair for one governing body to dictate to the other governing body the exact language to be used in a resolution. The intent and spirit of both governing bodies should be to move forward with the process step by step. This will allow the public to become educated on the issues and hopefully avoid another failure. Chairman Davis spoke on being frustrated about the entire issue because of no success in trying to merge water and sewer services and the changes made in the resolution to establish a Governmental Consolidation Study Commission pursuant to N. C. General Statutes. He stated that hopefully the members of City Council and Mayor Peterson could understand the frustration of the Commissioners. Mayor Peterson responded that he could only speak for himself, not for other members of the City Council. The majority of Council Members are not in agreement with the resolution adopted by the Board to establish the Governmental Consolidation Study Commission and their opinions have to be respected. The members of Council are prepared to move forward by taking one step at a time through establishing a Blue Ribbon Citizens Committee. He requested the Board to have faith in the City Council and move forward with the consolidation effort. Vice-Chairman Greer asked Mayor Peterson if he was in favor of full consolidation. Mayor Peterson responded that personally he had been in favor of full consolidation for the past eight years; however, he has to respect those who want to consider departmental or functional consolidation. Vice-Chairman Greer asked Mayor Peterson if the City Council would be willing to let the voters decide on the form of their government. The Commissioners are prepared to make a commitment and move forward with presenting a plan to the voters. Mayor Peterson advised that he was also interested in calling for a referendum in 2003, not 2002, because time is needed to prepare a plan and educate the public. The first step is to appoint the Blue Ribbon Citizens Committee. Councilman Jim Quinn advised that he had been meeting with Mayor Peterson, Chairman Davis, and Commissioner Pritchett in trying to move forward with the process. He noted that he had seen the turns and twists of the previous consolidation and water and sewer merger efforts with no results at the end of the process. He suggested scheduling a joint meeting so the City Council and the Board of County Commissioners can to reach an agreement on the issues that need to be addressed so the study group can move forward with the process. Chairman Davis expressed appreciation to Mayor Peterson and Councilman Quinn for their input and stated that he would discuss this issue with Commissioner Pritchett. SECOND READING OF TIME WARNER CABLE FRANCHISE AGREEMENT Deputy County Attorney Burpeau advised that pursuant to N.C.G.S. 153-46, a second reading is required for renewal of a franchise agreement even though a unanimous vote was received on March 11, 2002. Hearing no comments, Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to renew the franchise agreement with NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 118 Time Warner Cable as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is on file in the Legal Department. ADOPTION OF RESOLUTION TO REQUEST THE NORTH CAROLINA GENERAL ASSEMBLY TO RESCIND SECTION 3.4 OF SENATE BILL 312 Director of Environmental Management Ray Church requested the Board to adopt a resolution rescinding Section 3.4 of Senate Bill 312 to allow the New Hanover County WASTEC Facility to comply with the deadline of December 31, 2004 as previously agreed upon by the N. C. Department of Air Quality as a portion of Air Permit #515R11 for small waste combustor regulations. Section 3.4 of Senate Bill 312 was adopted during the 2001 Session of the General Assembly and this action accelerated the date for small municipal solid waste combustors to be in compliance with the U. S. Environmental Protection Agency Title 40 U.S. CFR Part 60 (BBBB) by March 1, 2003. The revised date has placed an undue hardship on New Hanover County because the carbon injection system and NOXOUT system for Units 1A and 2A must be installed by March 1, 2003 at an estimated cost of $600,000. Staff had intended to install the new equipment on the units over a period of two fiscal years as agreed upon by the N. C. Department of Air Quality to lessen the impact on the budget for the WASTEC Facility; therefore, Staff is requesting adoption of a resolution to request the local legislative delegation to rescind Section 3.4 of Senate Bill 312. Vice-Chairman Greer pointed out that the last paragraph of the resolution should be changed to reflect Section 3.4 instead of Section 3.5. Commissioner Pritchett noted that New Hanover County has the only incinerator in the State of North Carolina and stated that it was incumbent upon the local legislative delegation to protect the County’s interest. She suggested approving the resolution and authorizing the Chairman to write a stern letter to the delegation expressing concern for the lack of consideration given to the County. Discussion was held on the why this section was tacked on to the end of Senate Bill 312 during the last session of the General Assembly. Director Church advised that Senate Bill 312 was a well certification bill sponsored by N. C. House Representative W. Franklin Mitchell from Iredell County and Section 3.4 was sponsored by N. C. House Representative Danny McComas. After hearing no further comments, Chairman Davis requested a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a resolution requesting the N. C. General Assembly to rescind Section 3.4 of Senate Bill 312 to allow the New Hanover County WASTEC Facility to meet the previously agreed upon compliance date of December 31, 2004, correct the last paragraph of the resolution to reflect Section 3.4 instead of Section 3.5, and authorize the Chairman to write a stern letter to the local legislative delegation expressing concern for the County not being protected when this section was added to the bill. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested County Manager O’Neal to prepare a letter to the local delegation. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.14. CONTINUANCE OF REZONING CASE Z-738, A PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 10.1 ACRES ON THE NORTH SIDE OF GORDON ROAD IN THE 6300 BLOCK, ADJACENT TO AND INCLUDING DANIEL BOONE ROAD FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL Attorney Alton Y. Lennon, representing Mr. Russell Simmons the owner of the property, requested the Board to continue Zoning Case Z-738 until May 6, 2002, to allow time for him to prepare for the Public Hearing since the law firm was hired on Wednesday, March 28, 2002. He informed the Board that he planned to meet with residents of the neighborhood to see if common ground could be reached and noted that all persons attending the Planning Board meeting had been notified of the continuance. Chairman Davis asked if anyone from the audience would like to speak on the request to continue the Public Hearing. Mr. Mike Causey, a resident of 1000 Daisy Lee Drive, informed the Board that he was concerned about any zoning that would increase traffic on Gordon Road. He commented on the amount of information obtained from the N. C. Department of Transportation regarding traffic in the area and stated that he did not object to continuing this item until May 6, 2002. He noted that he was a truck driver and asked if he could request a continuance on May 6, 2002, if he had a trip out of town. Attorney Lennon stated that he would be glad to work with Mr. Causey on scheduling another date if he could not attend the meeting on May 6, 2002. Discussion was held on the need to notify all persons interested in the rezoning. Planning Director Hayes informed the Board that when a continuance is granted, the zoning is re-advertised and a new sign is posted on the property with all persons being individually notified of the new date. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 119 Hearing no further comments, Chairman Davis called for a motion to continue the hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to continue the Public Hearing until May 6, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Davis called a break from 7:05 P.M. until 7:20 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING STAFF TO REZONE APPROXIMATELY .60 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD IN THE 6300 BLOCK FROM CD (B-1) CONDITIONAL USE NEIGHBORHOOD BUSINESS TO R-15 RESIDENTIAL (Z-684, 03/02) Chairman Davis opened the Public Hearing. Planning Director Hayes reported that a Conditional Use B-1 District was approved by the Board of County Commissioners on December 6, 1999, to establish a retail nursery operation in the 6300 block of Carolina Beach Road. When a conditional use zoning is approved, the Zoning Ordinance requires development activity to occur on the site within two years. If development does not occur, the Zoning Ordinance requires the Planning Staff to initiate a rezoning to the original classification, which in this case is R-15 Residential. At the Planning Board meeting held on March 7, 2002, one neighbor spoke in opposition because she felt the property should be commercially zoned in the area. The Planning Board explained the requirements of the Zoning Ordinance to the speaker and voted 5 to 0 to rezone the property back to R-15 Residential. Director Hayes informed the Board that the property owner had been notified of the R-15 rezoning and she did not express concern about the zoning change. Chairman Davis asked if anyone from the audience would like to speak in favor of the request. No comments were received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the request. No comments were received. Hearing no comments, Chairman Davis closed the Public Hearing. Chairman Davis requested direction from the Board. Motion: After discussion of the need to uphold the requirements of the New Hanover County Zoning Ordinance, Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to rezone the property back to R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 62. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY DANIEL THOMPSON TO REZONE APPROXIMATELY 2.3 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF GORDON ROAD IN THE 6500 BLOCK, NEAR WYCK FARM WAY FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-737, 03/02) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes presented slides of the property and reported that the petitioner is requesting to rezone approximately 2.3 acres with 240 feet of frontage on the south side of Gordon Road in the 6500 block near Wyck Farm Way from R-15 Residential to R-10 Residential. Currently, there are three existing residential units on two lots; however, under the current zoning, the property could accommodate six units. The proposed zoning will allow eight units. The adjacent Wyck Farm Subdivision is a performance residential development in an R-10 Residential District. No sewer is available to the area, and the proposed zoning is consistent with the Land Use Plan. At the Planning Board meeting held on March 7, 2002, the petitioner presented his request and one person requested an explanation of the difference between R-10 and R-15 zoning. After hearing no further comments, the Planning Board voted 5 to 0 to recommend approval of the rezoning because the zoning was consistent with adjacent properties. The Planning Staff also recommends approval of the proposed rezoning because this would be a natural extension of the R-10 development already located on two sides of the property. The rezoning is consistent with the Land Use Plan and compliments the on-going continued residential development along Gordon Road. Chairman Davis informed Mr. Daniel Thompson, the petitioner, that he had 15 minutes to make a presentation. Mr. Thompson requested the Board to approve the rezoning since two sides of his property are already NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 120 surrounded by R-10 Residential development. Chairman Davis asked if anyone from the audience would like to speak in favor of the rezoning. No comments were received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the rezoning. Mr. Mike Causey, a resident of 1000 Daisy Lee Drive, spoke on the amount of traffic on Gordon Road and requested the Planning Board and Board of County Commissioners to proceed with caution when hearing and recommending density development in this area. After contacting the N. C. Department of Transportation (NCDOT), he was informed that 324 crash accidents (not fender benders) have occurred on Gordon Road within a 2-year period, and the road will not be widened for five years. Reports from area Fire Departments show that rescue vehicles have difficulty in responding to emergency calls. With the amount of residential property left on Gordon Road, it is imperative for traffic to be considered when approving high density development. He stated that he was not opposed to development, but traffic should be a major consideration with future rezonings on Gordon Road. Chairman Davis requested Planning Director Hayes to comment on the traffic concerns noted by Mr. Causey. Planning Director Hayes advised that traffic on Gordon Road has been a concern of the Planning Staff and NCDOT Staff for a number of years. Improvements for Gordon Road have finally been included by the NCDOT in the Transportation Improvement Plan (TIP). The only action taken to date is a feasibility study for improvements that can be made to Gordon Road and how these improvements can be accomplished. The ultimate design is a 3-lane road with a center turn lane, but these improvements will not occur for five years. The Planning Staff will continue to push for improvements and make sure Gordon Road remains on the TIP schedule. Mr. Causey stated that he was not concerned about two additional units, but he was concerned about rezoning large residential tracts on Gordon Road from R-15 Residential to R-10 Residential because high density development will increase the number of vehicles on Gordon Road. Commissioner Caster expressed appreciation to Mr. Causey for sharing the NCDOT traffic accident statistics on Gordon Road and stated this was a point to take into consideration when the Board considers other rezonings in this area. Hearing no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to rezone approximately 2.3 acres located on the south side of Gordon Road in the 6500 block near Wyck Farm Way from R-15 Residential to R-10 Residential as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 8B, Page 52. PUBLIC HEARING TO CONSIDER A REQUEST TO GRANT A SPECIAL USE PERMIT TO CHESTERBROOK ACADEMY TO OPERATE A CHILD DAY CARE FACILITY WITHIN THE ACADEMY LOCATED AT 4905 SOUTH COLLEGE ROAD IN A RESIDENTIAL DISTRICT (S-451, 01/02) Chairman Davis opened the Public Hearing and announced that the special use process required a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Planning Director Dexter Hayes Pam DeSelms Nancy Dasbach Teresa Martin Robert Flagg Robert Damarodas Howard Capps Chairman Davis informed the petitioner and persons sworn in that the hearing would be conducted starting with a presentation by the Planning Staff followed by 15 minutes allowed for the petitioner, 15 minutes for opponents, 5 minutes for rebuttal by the petitioner, and 5 minutes for rebuttal by the opponents. Planning Director Dexter Hayes showed slides of the existing Chesterbrook Academy, surrounding residential neighborhoods, and commercial uses south of the area. He advised that elementary schools are permitted by right in a residential area and day care facilities require approval of a Special Use Permit. In December 1999, the Planning Board voted unanimously to approve a Special Use Permit for a day care facility on the same site subject to landscaping and fencing along the Woods Edge property line and reducing the number of driveways to one entrance with a de-acceleration NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 121 lane. The Planning Board also recommended that outside lights be turned off at 10:00 P.M. other than lights needed for security. In January 2000, the Board of County Commissioners found that the use did not satisfy all of the general requirements, primarily based on traffic concerns, and the Special Use Permit was denied. Since elementary schools are permitted by right in a residential district, the company decided to construct Chesterbrook Academy on the site. When the Planning Board met on March 7, 2002, to consider a Special Use Permit for a child day care center, two people from adjacent neighborhoods spoke in opposition to the request based on possible traffic conflicts in front of the Greenbriar Subdivision. After discussion of traffic on South College Road, the Planning Board voted 3-1 to recommend approval of the Special Use Permit. Planning Director Hayes entered the following preliminary staff findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site will be served by City water and County sewer. B.The site is located in the Myrtle Grove Volunteer Fire Department District. C.Access to and from the site is proposed on South College Road, which is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan. D.NCDOT has approved a circulation plan for the property. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The subject property is zoned R-15. A child day care facility is permitted by a Special Use Permit in all residential zones, subject to the dimensional requirements of the district. B.A site plan has been submitted which meets all the requirements of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The surrounding land use is residential and the surrounding zoning is R-15. B.An elementary school use is permitted in all residential zones as shown in Section 50.5 (Table of Permitted Uses) in the New Hanover County Zoning Ordinance. C.A retention pond is shown for storm drainage. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of New Hanover County based upon the following findings: A.The primary use in the area is residential, with other institutional uses located nearby. B.Other schools and day care facilities are located in residential areas throughout the County. Planning Director Hayes stated that Staff feels if the Special Use Permit is approved, the following conditions should be included in the approval process: (1) require an alternate access/drop off to the rear of the property to provide access to Chesterbrook Academy; and (2) limit the Special Use Permit by specifying a maximum number of day care age students. Chairman Davis asked if this request was consistent with the Land Use Plan. Planning Director Hayes responded that if the Board accommodates traffic concerns by requiring an alternate access/drop-off to the rear of the property, the use would be consistent with the Land Use Plan. Commissioner Caster requested an explanation of what issues would be involved with making a connection via the cul-de-sac. Planning Director Hayes responded that Staff feels there is potential to have an access/drop- off point where the gate is located at the end of the cul-de-sac, which would have to be worked out with the developer or owner of the subdivision. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 122 Chairman Davis asked if the petitioner would like to speak. Mr. Howard Capps, representing Nobel Learning Communities, Inc., reported that Staff has shown slides of the facilities around Chesterbrook Academy and stated that the petitioner requested permission to construct an elementary school and preschool facility approximately three years ago, which required a Special Use Permit. The Planning Board approved the request, but the Board of County Commissioners denied the request. The petitioner then proceeded to construct the elementary school known as Chesterbrook Academy. A request is now being made for issuance of a Special Use Permit to operate a preschool in the facility. Prior to the Planning Board meeting, the adjacent property owners were contacted about plans for the preschool. A meeting was held with approximately ten of the neighbors, and the petitioner explained the plan with no objections received from the group. Owners of Myrtle Grove Village across College Road from the Academy and Seashore Properties, Inc. were contacted about the plan for the preschool, and both developers have forwarded letters of support, which have been included in the agenda packet. Commissioner Caster asked where the preschool would be located. Mr. Capps responded that the preschool would be located in the interior of the existing building. The playground, parking, and other outside features will not change. The Special Use Permit is being requested to allow the school to provide services to younger children. Chairman Davis asked Mr. Capps if he agreed with the preliminary Staff findings of fact. Mr. Capps concurred with the findings as presented by the Planning Director and stated that Mr. Robert Flagg, Manager of Corporate Development for Noble Learning Centers, Inc., was present and would like to speak. Mr. Flagg, reported that the goal of Chesterbrook Academy is to make private schools more available to average families. This goal has been accomplished by having a lower tuition and providing an extended day with morning programs, afternoon programs, and early evening programs to accommodate two-income families. The class size is smaller and a good education is provided to the children. Opening a new private elementary school is a lengthy process. The enrollment of the school is always heavier in younger years than in older years. Approximately 14 months ago, a Special Use Permit was requested to operate a preschool program and the Board of County Commissioners denied the request. At that time, it was felt that the market was strong enough for the elementary school to grow. Unfortunately, this has not been the case. The present enrollment at the Academy is approximately 45 students which is too low. The younger student enrollment is needed. Mr. Flagg presented slides showing hours of operation from 7:00 A.M. until 6:00 PM. with class time from 9:00 A.M. until 3:00 P.M. Presently there are two 4-year old classes and two 5-year old classes. The plan is to change both of these classes to one class and bring in one-2-year old class and one 3-year old class. This plan will not increase the current number of classes, but it will spread out the age grouping. There will be no changes to the exterior or interior of the building. In North Carolina, there is a square footage requirement for each student. By allowing the Academy to bring in younger students, the occupancy of the building will decrease. The building now accommodates 218 students, and if the preschool is permitted, the number of students will decrease to 203 students. Phase II of the project was approved last year. The proposed plan will keep the younger student enrollment and shift grade levels to provide 2 second grades, 2 third grades, 2 fourth grades, and 1 fifth grade as well as a gymnasium and new computer center. Mr. Flagg referenced the concern for traffic and presented a plan prepared by the NCDOT that provides sufficient parking for the total build out of Chesterbrook Academy. Chairman Davis asked if any speaker sworn-in would like to testify in favor of the request. Mr. Bob Damarodas, a member of the Woods Edge Homeowners Association adjacent to Chesterbrook Academy, informed the Board that the Academy had been a good neighbor and stated that locating a preschool in this building would benefit the area. Chairman Davis asked if any speaker sworn-in would like to testify in opposition to the request. Ms. Pam DeSelms, a resident of Billmark Drive, Greenbriar Subdivision, expressed concern for traffic in the area and stated that this issue had not been addressed. Currently, Chesterbrook Academy has 45 students; however, if the Special Use Permit is granted to allow for 203 children and Phase II is completed, the older students will be moved to the new gym and the enrollment will be over 300 children. As a resident of Greenbriar Subdivision with the cul-de- sac behind her residence, the increase of enrollment will create a traffic hazard at the entrance of the subdivision. She also expressed concern for allowing a private elementary school as a permitted right in a residential district. Ms. Nancy Dasbach , a resident of 834 Billmark Drive, Greenbriar Subdivision, expressed concern for increasing traffic with Lowe’s across the street, a new Wal-Mart Super Store, and many small restaurants being built in front of Lowe’s. The traffic from these businesses will only increase an already dangerous traffic situation. She also expressed concern for the Zoning Ordinance allowing a private elementary school to be located in a residential district, and suggested a review of this regulation to see if it can be changed. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 123 Ms. Teresa Martin, a resident of 110 Burning Tree Road, spoke on traffic concerns in the area and stated that increased traffic will be dangerous to the entire community. Mr. Flagg responded that the plan presented would reduce the traffic. Commissioner Boseman disagreed with the statement and stated that allowing more students to attend the school will increase traffic. Mr. Capps referred to the site plan in the agenda packet and noted that an area has been reserved to allow parents to drop-off and pick-up children in the morning and afternoon. This area will hold 30 cars at one time, not including parking spaces. In an effort to assist with traffic, a 12-foot wide deceleration lane along South College Road was built as designed by the NCDOT to allow for a turn lane into the Academy. It is felt that the traffic issue has been addressed. Chairman Davis referenced concern by the neighbors about traffic when the permit was originally requested to serve children two years of age and he asked Mr. Flagg since the building had already been constructed, what has been done differently to better control increased traffic. Mr. Flagg responded that in the original plan previously presented, there was no deceleration lane or the design prepared by the NCDOT to expand the parking lot. He stated that traffic will not be an issue because the number students at full capacity has been reduced. Commissioner Boseman stated that traffic will increase because there are now 45 students and with approval of the Special Use Permit the number of students will increase to 300. Commissioner Caster asked Mr. Flagg if he had a problem with the alternative access/drop- off to the back of the property. Mr. Flagg responded that this alternative access could be addressed, but he felt the neighbors would strongly object to allowing traffic through the back of the property. Commissioner Pritchett asked if the permit is granted, would this action impact the Early Childhood Learning Center on Peachtree Street. Mr. Flagg responded that the Childhood Learning Center would remain open with no impact from the grade level change at Chesterbrook Academy. Hearing no further comments from the public, Chairman Davis closed the Public Hearing. Chairman Davis requested direction from the Board. Motion: After commenting on existing traffic concerns in the area and denial of the original Special Use Permit because of traffic, Vice-Chairman Greer MOVED, SECONDED Commissioner Boseman, to deny the Special Use Permit based upon increased traffic in the vicinity which will endanger the public health and safety of persons living in area. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 16. PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING STAFF TO AMEND SECTION 50.5 OF THE PERMITTED USE TABLE AND SECTION 69.13 RECYCLING FACILITIES TO ALLOW SMALL RECYCLING FACILITIES IN RESIDENTIAL DISTRICTS AND LARGE RECYCLING COLLECTION FACILITIES BY SPECIAL USE PERMIT IN RESIDENTIAL DISTRICTS (A-315, 01/02) Chairman Davis opened the Public Hearing. Planning Director Hayes reported that Staff presented the proposed text amendment to allow recycling collection facilities in residential zoning districts. Staff has reviewed all of the requirements that have to be met including setbacks, landscaping, buffering, parking, etc. After discussion, the Planning Board voted 4 to 1 to approve the text amendment with the following changes: (1) all collection facilities shall require a Special Use Permit; (2) small and large collection facilities must be monitored daily; and (3) add processing facilities as a Special Use Permit in the Airport Industrial District. Chairman Davis asked why one member of the Planning Board voted against the text amendment. Planning Director Hayes responded that one member felt recycling facilities should not be allowed in residential areas. Chairman Davis noted that since a Special Use Permit has to be approved by the Board of County Commissioners before locating a recycling facility in a residential area, the Board would have the option of denying or approving each request. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 124 Chairman Davis asked if anyone from the audience would like to speak in favor of the request. No comments were received. Chairman Davis asked if anyone from the audience would like to speak in opposition to the request. No comments were received. Chairman Davis closed the Public Hearing. Commissioner Caster stated that he agreed with the member of the Planning Board who felt that recycling facilities should not be located in residential areas. Vice-Chairman Greer agreed with Commissioner Caster and stated if a request is made in a residential area and surrounding neighbors are opposed, he would not approve the Special Use Permit; therefore, what would be advantage of the proposed change. Assistant County Manager Dave Weaver explained that Staff is experiencing problems with locating recycling facilities on commercial properties. Many owners of commercial sites want to charge as much as $1,000 per month, which has become costly. The proposed text amendment will provide more flexibility in locating these facilities at a minimum cost. It was felt that the Special Use Permit requirement would be an ideal way to locate these facilities on a case-by-case basis with the Commissioners having an opportunity to deny a request if there is strong opposition from the neighborhood. After hearing no further discussion, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the text amendment as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the text amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVII, Page 17.15. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 8:49 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 9:35 P.M. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS Discussion of Naming Judicial Building Expansion after Former District Attorney W. Allen Cobb, Sr. Vice-Chairman Greer advised that he had spoken with each Commissioner individually about the possibility of naming the Judicial Building Expansion in memory and honor of former District Attorney W. Allen Cobb, Sr. He requested the County Manager to prepare a recommendation to be voted upon by the Board. Discussion of Traffic Impact Ordinance Commissioner Boseman requested an explanation of why the Traffic Impact Ordinance had not been received. Assistant County Manager Dave Weaver responded that when the Commissioners held the joint meeting with the Planning Board, discussion focused mainly on the TRC approval process and other items relating to subdivision review instead of the Traffic Impact Ordinance. The Planning Board does want to discuss one item in the ordinance with the Board of County Commissioners. County Manager O’Neal advised that he would check into the status of the ordinance and report to the Board. Discussion of the Foster Grandparent Program Commissioner Boseman requested an explanation of why the offer to operate this program was not accepted by Staff. County Manager O’Neal advised that after studying the offer, no money would be saved by the County. The County is offering a good program that serves a large number of people with practically no cost to the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, APRIL 1, 2002PAGE 125 Discussion of Mental Health Reform Act Commissioner Caster spoke on the need to comply with the Mental Health Reform Act and expressed concern for time frames that have to be met with multi-county efforts. He stated that he looked forward to hearing from the Director of the Southeastern Center at the next meeting. Commissioner Pritchett, the Board’s representative on the Southeastern Center Board of Directors, informed the Commissioners that she had heard the presentation by Dr. Constantini and stated she was happy to report that Southeastern Center has already complied with most of the requirements. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:48 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board