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HomeMy WebLinkAbout2000-10-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 219 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 2, 2000, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; and County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Ted Davis, Jr. led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or to comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Ms. Mary Hatcher, Chairman of the Library Advisory Board, expressed appreciation to the Board of County Commissioners, County Manager O’Neal and Staff for taking time to support the dedication and opening of the new Northeast Regional Library located on Military Cut-Off Road. Chairman Caster expressed appreciation to Ms. Hatcher and Library Advisory Board for the work and effort given to this project. APPROVAL OF CONSENT AGENDA Chairman Caster announced that Consent Agenda Item 10 had been removed from the agenda. Commissioner Davis requested discussion of Consent Agenda Item 4. Discussion of Consent Agenda Item 4, Resolution Establishing a Cooperative Relationship Between the City of Wilmington and New Hanover County for Improvement of Transportation Facilities in New Hanover County Commissioner Davis referenced the cover letter stating that adoption of the resolution will authorize the City to enter into an agreement with New Hanover County under which the City will design, acquire, and construct roads, and he asked if New Hanover County would be involved in the design process. Commissioner Howell responded that when the agreement is prepared, this issue will be addressed. Commissioner Davis stated that he thought the Board was being requested to approve the agreement. Chairman Caster responded that the request was to adopt a resolution of support for preparing an agreement. County Manager O’Neal spoke on this being a unique City and County project, and he assured the Board that he and the City Manager would keep both governing bodies informed on the process. This project could serve as a model to build on in the future to provide better transportation projects. Chairman Caster called for a motion to approve the Consent Agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 220 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to remove Consent Agenda Item 10 and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular MeetingAugust 7, 2000 Regular MeetingSeptember 5, 2000 Regular MeetingSeptember 18, 2000 Approval of Waiver or Reduction of Fees at Airlie Gardens The Commissioners approved a waiver and reduction in fee policy recommended by the Airlie Gardens Foundation Board. The waiver will apply for users who are affiliated with Airlie Gardens, the Arboretum, N. C. Cooperative Extension, public or private educational institutions or others invited by the Airlie Gardens’ administration to use the garden facility. The decision to waive or reduce a fee will be made at the discretion of the Garden Director. The Board of Commissioners has final authority to waive fees or overrule the decision made by the Garden Director. Acceptance of HEALTHY CAROLINIANS GRANT from the N.C. Division of Public Health for Support of Healthy Carolinians Activities and Approval of Associated Budget Amendment #01-0046 The Commissioners accepted the HEALTHY CAROLINIANS GRANT in the amount of $10,000 from the N.C. Division of Public Health, North Carolina Department of Health and Human Services, and approved the associated Budget Amendment #01-0046. Healthy Carolinians Activities are maintained by the Healthy Carolinians Task Force, which joined with Brunswick County during a reorganization and will be certified under a new name, Cape Fear Healthy Carolinians Task Force. State funding will give the Task Force resources to quickly reorganize without loss of necessary momentum, develop their re-certification and promote community health promotion activities. This grant is a non-recurring grant, which requires a 50% match of in-kind contributions that will come from existing Staff from various organizations spending time to accomplish the Healthy Carolinians objectives. ADJUSTMENTDEBITCREDIT Healthy Carolinians: State Grant$10,000 Contracted Services$ 1,000 Postage Expense$ 500 Printing Charges$ 1,000 Departmental Supplies$ 5,750 Training and Travel$ 1,750 Explanation: To budget State funds awarded to re-establish and maintain the activities of the Cape Fear Healthy Carolinians Task Force. Adoption of Resolution to Develop an Interlocal Agreement with the City of Wilmington for Transportation Improvements in New Hanover County The Commissioners adopted a resolution to develop an interlocal agreement with the City for transportation improvements within the jurisdiction of New Hanover County. Under the terms of the agreement, New Hanover County can dedicate funds for road improvements necessary due to new development under special or conditional use permitting or the subdivision approval process for use by the City of Wilmington for construction of necessary improvements. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 221 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 17. Support of Regional Transportation Needs Project The Commissioners agreed to support the regional transportation needs project as requested by the Cape Fear Regional Growth Team. This consists of two projects. The first is expediting the construction schedule for the U.S. Highway 17 connector between I-40 and Highway 17 in Brunswick County, which will create a regional “Outer Loop.” The second is improvements to N.C. 130 from the Brunswick County line to Whiteville and on to U.S. Highway 74/76 in Columbus County. This connector is the primary evacuation route out of the coastal Brunswick County beaches during storm events, and the current roadway is not designed to safely accommodate the peak loads resulting from storm evacuations. Approval of Memorandum of Understanding in Support of Cooperative, Comprehensive and Continuing Transportation Planning and Establishment of a Rural Transportation Planning Organization for Brunswick, Columbus, New Hanover, Pender Counties and the N. C. Department of Transportation The Commissioners approved a Memorandum of Understanding supporting a continued, cooperative, comprehensive transportation planning effort with establishment of a regional Rural Transportation Planning Organization (RTO) at the request of the Cape Fear Council of Governments. The project must be coordinated with the Wilmington Transportation Improvement Program. The administrative process will be similar to that of the Metropolitan Transportation Planning Organization. The RTO will have a Rural Transportation Advisory Committee (RTAC) to establish goals, priorities and objectives, and will endorse, review and approve changes to transportation plans. The Chairman was authorized to sign the agreement. A copy of the agreement is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 17. Authorization for the Department of Social Services to File a Foster Grandparent Grant Application The Commissioners authorized the Department of Social Services to file a Foster Grandparent Grant application in the amount of $378,159 for a 3-year period beginning January 1, 2001 and continuing through December 31, 2003. The funds will be used to pay a stipend to lower income older adults who work with children who are disadvantaged or “at-risk.” If the grant is awarded, the County Manager is authorized to sign the necessary documents. The County’s contribution for this year is an in-kind match of $33,112 which has been included in the 2000-2001 County budget. The following 2-year contributions will be in-kind services that will be included in the respective years’ budgets. Adoption of Resolutions Requesting N. C. Department of Transportation to Add Falcon Court in Prince George Estates and Roads in Lakemoor and Berkleigh Subdivisions of North Chase Development to the State Highway System The Commissioners adopted resolutions to add Falcon Court in Prince George Estates and roads in Lakemoor and Berkleigh Subdivisions of North Chase Development to the N.C. Highway System. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVI, Page 17. Approval of Budget Amendment #2001-09 to Budget Additional State Funds Received from Controlled Substance Tax Funds The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 222 ADJUSTMENTDEBITCREDIT Controlled substance Tax$9,483 Capital Project Expense$9,483 Explanation: To increase the budget for additional revenue received August 8, 2000. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #2001-10 to Increase the Budget for Additional Revenue Received from Federal Forfeited Property Funds The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Federal Forfeited Property$32,761 Capital Project Expense$32,761 Explanation: To increase the budget for additional revenue received August 10 and 18, 2000. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #01-0044 to Budget FEMA Funds for a Project Worksheet The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT FEMA Funding$10,500 Salaries$ 1,000 Contract Services$ 9,500 Explanation: To budget FEMA funds for a Project Worksheet that was inappropriately denied by FEMA last fiscal year. Approval of Budget Amendment #01-0045 to Budget Additional State Funds Received for the Women, Infants and Children (WIC) Program The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Public Health: Women, Infants & Children (WIC): WIC Health Grant$9,778 Contracted Services$5,000 Departmental supplies$2,822 Training & Travel$1,956 Explanation: To budget additional State funds received for the Women, Infants & Children (WIC) Program. No County funds are required. PRESENTATION BY U.S. ATTORNEY FOR EASTERN NORTH CAROLINA, JANICE COLE AND DISTRICT ATTORNEY, JOHN CARRIKER ON THE GUN REDUCTION PROJECT District Attorney John Carriker introduced U. S. Attorney Janice Cole and reported that she would be presenting a status report on the joint effort being made among federal, state, city, and county officials to implement a Gun Reduction project in New Hanover County. He advised that the project was modeled on the program used in High Point, North Carolina, which reduced murders annually from 23 to 0. This was accomplished by informing the public that if a person commits a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 223 crime with a firearm in his or her possession, that person will go to prison. When a felon is caught with a weapon, discussion is held between U. S. Attorneys and District Attorneys to determine which court, federal or state, will sentence the offender for a longer period of incarceration. All governmental entities are committed to this project. U. S. Attorney Janice Cole expressed appreciation for an opportunity to address the Board and reported on the efforts of the Wilmington Partnership to cease firearm violence in New Hanover County. The Task Force began when Wilmington Police Chief John Cease contacted the office to request federal assistance in reducing the large number of crimes committed with firearms. When reviewing the numbers in Wilmington, it was determined that a Gun Reduction project should be implemented in the city. This was accomplished with assistance from the Bureau of Alcohol, Tobacco, and Firearms in conjunction with other resources such as the FBI, DEA, SBI, Probation, Police Department, Sheriff’s Department, and the UNCW research component. The City and County must remain constantly alert on the best ways to fight crime because the criminals have become smarter. The war on drugs must continue, but firearm crimes have significantly increased. The violators are a hard core group that carry guns and do not value their lives or the lives of others. The Gun Reduction project is working to change this culture by informing these people that no tolerance will be given to a person caught with firearms involved in violent crime. Statutes are available in the federal system that will prosecute a person convicted of a felony if caught with a firearm. This message is being communicated to the cities and counties throughout the state and nation. In closing, U. S. Attorney Cole reported that in less than a year, the Task Force operating in Wilmington has 21 prosecutions with offenders going through the federal or state court system depending on the length of sentencing. Approximately, 15 of the 21 cases have gone through the federal court system with 6 through the state court system. The word is already being spread through the community. More cooperation is being received from the offenders because they know that no consideration will be given to their case if they do not cooperate and testify. It is felt that the Gun Reduction project in the City of Wilmington and New Hanover County will be successful. Chairman Caster, on behalf of the Board, expressed appreciation to U. S. Attorney Cole for an excellent presentation. STATUS REPORT ON BROADCASTING MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS Public Information Officer Mark Boyer reported that he had been working with the County’s Cable Consultant, Bob Sepe and with Joyner Technology to design and lay out a broadcasting system for the Assembly Room at an estimated cost of $135,000. The bid package is being prepared by Joyner Technology, and the Request for Proposals should be submitted within three weeks. A four-camera operation is being designed and the current audio visual capabilities will be tied into the production system so home viewers will be able to see PowerPoint presentations as viewed in the Assembly Room. A digital format is also being presented to provide a better quality picture to the viewer. The Governmental Information Channel will be available on Time Warner under Channel 8, and on Charter Communications under Channel 15. Since the City and County will share the same channel on Time Warner, a programming schedule will have to be developed with the City. Discussion is being held with the City’s Public Information Officer regarding shared use of personnel for the operation of the County’s facility. The City has two members of staff that operate its broadcasting facility. An effort is also being made to design the studio to be compatible with the City’s facility so operators can be shared. In closing, Public Information Officer Boyer offered to answer any questions. Commissioner Birzenieks asked when the system will be ready to broadcast meetings. Public Information Officer Boyer responded in February 2001. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 224 Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Boyer for the work and effort given to moving forward with this project. AWARD OF CONTRACT #00-0353 TO DYNCORP FOR CHILD SUPPORT ENFORCEMENT SERVICES Assistant County Manager, Patricia Melvin, reported that the following proposals were received in response to the Request for Proposals (RFP) for Child Support Enforcement Services in New Hanover County: Percentage of Total Firm Net Collections Maximus, Inc.14.20% DynCorp14.25% Policy Studies14.95% Assistant County Manager Melvin advised that an Evaluation Committee was established comprised of the following members: Assistant County Manager Pat Melvin Deputy County Attorney, Kemp Burpeau Finance Director Bruce Shell Assistant Finance Director Barbara McClure Assistant Director for Economic Services Karen Vincent Purchasing Agent Amy Akin The Request for Proposals contained the following evaluation criteria for determining the successful bidder: •Evaluation of proposals according to completeness, content, experience with child support enforcement programs, and the ability of the bidder and its staff. •Organization Size and Structure of the Contractor’s Firm: The County will determine if the contractor’s firm is adequately sized or capable of expansion to handle the work assigned. •Qualifications of Staff to be Assigned to the Work: This will be determined from the organization support and experience information provided in the proposal form as well as any reference checks and investigations completed by the County. •Contractor’s understanding of the work to be performed. •Total cost by quoting a percentage for all services to be performed. •Contractor’s ability to provide required insurance, bond, and applicable licenses. The following review results were presented: •All proposals were complete. Experience: • DynCorp has 53 years of service in technology and two years of experience in human service experience, which includes child support enforcement. DynCorp was the only firm with experience in use of the State’s ACTS system. This firm is also the only company located in North Carolina. Policy Studies, Inc. is a 15 year old firm that is nationally recognized as a child support enforcement company and was responsible for pioneering the first privatized Child Support Enforcement Office in 1991 in Tennessee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 225 Maximus, Inc. is a nationally recognized firm that has been in business for approximately 8 years with a lot of experience in child support. The company’s experience in North Carolina child support is limited to DMG, a firm with which they have partnered, while administrating the child support collections program for New Hanover County. Assistant County Manager Melvin advised that all companies were capable and well qualified to perform the work based on finances and human resources. References: • DynCorp received good references and in many instances, comments were received on this being a low-maintenance company. Maximus, Inc. references indicated some concern about the firm being a high-maintenance company because of the follow-up work that had to be performed. Verbal comments and newspaper articles were presented about contract problems with this firm. Policy Studies, Inc. received good references and was described as a quality company. Cost: •The following proposals were presented: Maximus, Inc. 14.20% of total net collections DynCorp14.25% of total net collections Policy Studies14.95% of total net collections •Insurance: All companies have the ability to provide adequate insurance for the child enforcement contract. A primary concern was the difference in the cost. Policy Studies, Inc. bid was approximately $20,000 more than the Maximus bid, and the DynCorp bid was approximately $1,320 more than the Maximus bid. Another concern was the references received regarding Maximus, Inc. After a review of the years of experience, the Evaluation Committee did not find a marked difference in the capabilities of staff members to perform the work. The Evaluation Committee was also concerned about an existing relationship between DynCorp and Corrvantis. At the September 27, 2000, meeting of the Board of Social Services, DynCorp assured the Evaluation Committee and DSS Board that no relationship existed between the two companies. Based upon the review of each company, the Evaluation Committee recommended to the Board of Social Services to award the child support enforcement contract to DynCorp who has experience with the ACTS System in North Carolina, excellent references, and a reasonable cost charged for the service. The Board of Social Services voted unanimously to award the contract to DynCorp. In closing, Assistant County Manager Melvin requested the Board of County Commissioners to award Contract #00-0353 for child support enforcement services to DynCorp at a fee of 14.25% of total net collections with the fee not to exceed $1,500,000. Commissioner Davis referenced the number of individuals in the Court System that work in child support collections, and he asked if any of these people were contacted about proposals. Assistant County Manager Melvin responded that no individuals working for the Court System were contacted. The companies presented excellent proposals detailing how the service would be provided to insure there is a good working relationship established with the court personnel. After referencing the fact that many of the Corrvantis employees were originally employees of the Department of Social Services, Commissioner Birzenieks stressed the importance of being sure these employees were hired, provided comparable pay and benefits. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 226 Assistant County Manager Melvin responded that DynCorp and Policy Studies agreed to hire employees now working for Corrvantis. Maximus indicated that consideration will be given to hiring the personnel if possible. Commissioner Davis asked if any employee from the Court System would like to comment on the proposed contract. Mr. Larry Donnell Mays, a representative with 20 years of service in the child support program, spoke in favor of awarding the contract to DynCorp because this firm does have concern for the existing employees. Chairman Caster informed the public that representatives from the three companies were present and would like to make brief presentations: Mr. John Hurst, Operations Manager, Maximus, applauded the efforts of the Evaluation Committee. He also expressed appreciation to the Purchasing Agent, Amy Akin, for the excellent job performed in communicating with the three companies. Mr. Hurst spoke on his concern about the references and newspaper articles cited in the evaluation process. After attending the meeting of the Board of Social Services, it was discovered that only two references had been contacted, which does not represent the work that has been done by Maximus in child support services. The State of Kansas, with one former office, and the State of Tennessee, with four offices, were contacted. The media references were disappointing with five articles referencing old information, and three of the articles not related to child support services. Maximus has been in business for 25 years and has a large number of contracts in human services. The company is proud of its track record, particularly in child support. The two articles referencing child support issues were misrepresented. The article in Florida was grossly misrepresented in the scope of the contract. This was not a collections contract, but a two-phase contract. The first phase was to provide caseload clean-up consisting of data entry, which was paid on a per case basis. The second phase would have been a collections contract, but it was not funded by the legislature. The second article published in the State of Arizona was a project that received the Governor’s Award of Excellence. In closing, Mr. Hurst informed the Commissioners that Maximus has an outstanding record in child support services and New Hanover County did not receive a true picture of the company’s performance. He requested the Board to consider contacting more references so a complete picture can be provided on the quality of child support services provided by Maximus. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Hurst for the presentation. Ms. Pam Owens of DynCorp, reported that the proposal submitted to New Hanover County for the contract represents over 150 employee-years of child support experience. DynCorp was the only firm that agreed to hire the existing employees of Corrvantis with current salaries and accumulated vacation time. It is important for the existing staff to continue their work without any personal finance worries. DynCorp will also hire five additional employees to carry out the child support work. DynCorp is the largest provider of paralegals and legal support staff to the federal government which provides the company with a multitude of legal experience. The company also provides IRS collection support services. Ms. Owens reported that DynCorp currently provides child support enforcement services to 18 counties in Kansas and two counties in North Carolina, Onslow and Beaufort Counties. She stated that she is a resident of North Carolina and was personally involved in the conversion of the child support data on the State ACTS System. In closing, Ms. Owens reported that DynCorp has been in business since 1946 and currently has a work force of 19,000 employees with revenue generated annually in the amount of $1.7 billion. This is a solid company with a great deal of child support experience. She requested the Board to award the contract to DynCorp. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 227 Commissioner Birzenieks asked Ms. Owens if DynCorp would be willing to grant retirement tenure to the existing employees with Corrvantis. He stressed the importance of crediting these employees with their years of service to avoid a loss in future retirement benefits. Ms. Owens responded that DynCorp would provide credit to these employees for their years of service and stated this benefit will be included in the written contract. Ms. Christine M. Brogdon, Senior Consultant, Policy Studies, Inc., expressed appreciation to the Board of County Commissioners for allowing her to speak on behalf of the firm. She reported that she had worked in child support in South Carolina for 8 years before joining Policy Studies, Inc., out of Colorado. Ms. Brogdon advised that her general understanding of the procurement process to date is that three vendors submitted proposals and three firms were deemed qualified to perform the child support enforcement service. Since there was concern about references from one vendor, it is assumed that the Evaluation Committee has recommended award of the bid based on the cost of service. There is less than $20,000 difference in the cost between proposals presented by Policy Studies, Inc. and DynCorp. It is hoped that the final award of the contract made by the Board of County Commissioners will be based on the firm that demonstrates the ability to perform the best job. She presented the following report. The primary line of business provided by Policy Studies, Inc. is child support enforcement. The company was started in 1984 when the President, Bob Williams, established the income shares model for child support guidelines, which is the model now used by North Carolina and 38 other states. Mr. Williams also assisted North Carolina with implementation of the income shares model. In 1992, Policy Studies, Inc. was the first company awarded a full service privatization contract in child support, which is the service being requested by New Hanover County. Policy Studies, Inc. is an experienced child support service company with quality performance. Bonuses are provided to staff based on performance relative to the needs of the customers. In closing, Ms. Brogdon advised that DynCorp has less than a year’s experience in full service privatization, which is limited to Beaufort and Onslow Counties. Policy Studies, Inc. has made a commitment to hire the 21 existing employees, and legal services will be contracted to Carter Lambeth, the attorney now providing these services to the child support office. The company has a training department, quality assurance department, performance enhancement department, and a centralized tracing and collections department. These departments support all full service operations and monitor all offices to insure performance is meeting the expected level. Focus is placed on measuring staff performance based on federal performance measures. Policy Studies, Inc. has been called the “Cadillac” in child support. The Board was requested to consider the firm that has the expertise to perform the best job in providing child support enforcement services to New Hanover County. Chairman Caster advised that the procurement process was well executed, and he expressed appreciation to the representatives of each company for taking time to make presentations. Vice-Chairman Greer requested an explanation on why a cap had been placed on child support collections when collecting more money will increase the benefits received by clients in need of child support. Finance Director Shell responded that a cap of $1,500,000 was placed on the child support collections as a budgetary matter. Staff felt that child support collections would not increase more than 45% over current collections. Vice-Chairman Greer noted that the object of the effort was to collect as much money possible to provide child support services; therefore, if the firm hired is paid $2,500,000, this would mean that more money will be available for child support. Finance Director Shell agreed with the statement by Vice-Chairman Greer and advised that he would be comfortable with removing the cap. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 228 Vice-Chairman Greer requested the Board to remove the cap recommended by Staff. Chairman Caster informed the Board that Mr. Sherman Criner, Chairman of the Board of Social Services, could not attend the meeting, but called and wanted the Commissioners to know that all three firms were well qualified. After a thorough review of the recommendation by the Evaluation Committee, the Board of Social Services voted unanimously to recommend award of the contract to DynCorp. Chairman Caster called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt a resolution awarding Contract #00-0353 for Child Support Enforcement Services to DynCorp at a fee of 14.25% with no cap. Commissioner Birzenieks asked if it was understood in the motion that DynCorp will guarantee all existing employees seniority for retirement purposes. Ms. Owens responded that DynCorp will guarantee retirement tenure as part of the written agreement. 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 XXVI, Page 17. A copy of the contract is on file in the Legal Department. ACCEPTANCE OF COASTAL CONSUMER HEALTH LIBRARY TO NEW HANOVER COUNTY’S PUBLIC LIBRARY SYSTEM Ms. Judy O’Neal, Vice-President of Public Affairs and a representative of the New Hanover Health Network, reported that changes in reimbursement by the federal government for Medicare and Medicaid patients have dramatically altered the landscape of hospitals across the nation. By the year 2001, New Hanover Regional Medical Center and Cape Fear Hospital will have to adjust to cutbacks in Medicare funding totaling more than $64 million. The North Carolina legislative delegation has heard the New Hanover Health Network’s cry for help. Even though there is anticipation by the legislative delegation that help is on the way, it will be necessary to prepare for the reduction in funding. The New Hanover Regional Medical Center Board of Trustees, Administrative Staff, physicians, employees, and volunteers have been working diligently over the last two years to reduce expenses throughout the system. The hospital provides care to all people without regard for the ability to pay with no local tax support. The first priority was to protect the ability of the hospital to continue the provision of excellent patient care. To accomplish this goal, difficult decisions have to be made. An effort has been made to partner with other agencies in the region to continue outreach efforts and health education and prevention efforts. Approximately three years ago, Chairman Caster was able to foresee the need to collaborate with agencies in the three counties to develop partnerships and share resources. The New Hanover Health Network is requesting the Board of County Commissioners to accept the Coastal Consumer Health Library valued at $450,000 and place the collection in the New Hanover County Public Library. A pledge has been made by the New Hanover Regional Medical Center Foundation Board to continue support for the collection by providing $30,000 over the next three years to keep it current and purchase additional materials. If the Commissioners decide to accept the collection, the Foundation Board has requested identification of the collection in the name of the New Hanover Regional Medical Center Foundation. In closing, Ms. O’Neal stated all parties involved feel this partnership will allow the Coastal Consumer Health Library to grow and become more accessible to the public. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 229 Ms. Donna Flake, Library Director of the Coastal AHEC Library, wholeheartedly supported placing the Coastal Consumer Health Library in the New Hanover County Public Library. She advised that information in the Coastal AHEC Medical Library was too technical for the public to understand. The public is more interested in health and wellness and wants information on diseases and the latest medical advancements. The Coastal Consumer Health Library is a superb collection of health materials. The collection is the largest in North Carolina, and one of the largest in the southeastern United States. The majority of people who visit the Coastal Consumer Health Library often have serious illnesses or members of their families that are ill. This collection has provided help and guidance to many people with illnesses. In closing, Ms. Flake noted that placing this collection in the New Hanover County Public Library would greatly assist the public as well as enhance the growth of the program. She requested the Board of County Commissioners to approve this request. Commissioner Birzenieks requested Ms. O’Neal to comment on the amount of money that will be saved for the Medical Center if this request is approved. Ms. O’Neal responded that the Medical Center will save $140,000 annually. Commissioner Birzenieks spoke in favor of the request and stated that a collection of this caliber should be moved to a central location so the public would have better access. He also emphasized the fact that due to under funding of mandated programs by the federal and state governments, this was another example of the difficult decisions that have to be made by hospitals and communities. Any action taken to assist our citizens in learning about health prevention will help to reduce the number of hospitalizations and citizens having to be placed in nursing homes which in turn saves money for the taxpayers. Vice-Chairman Greer noted that some people feel the Coastal Consumer Health Library should remain in its current location. If the County is hiring staff to manage the collection, why can’t the County take over the operation without moving the library, particularly with overcrowding in the Main Library. Library Director David Paynter advised that one staff person would not be enough to operate the library in its current location. With additional reference librarians at the Main Library, assistance can be provided to the librarian of the Coastal Consumer Health Library. A distinct advantage of relocating the library will be the number of people who will have access to the library. County Manager O’Neal pointed out that the Coastal Consumer Health Library will be re- catalogued to fit the existing collection in the New Hanover County Library System, which will increase cross-references to additional materials. Chairman Caster called for a motion. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to accept the Coastal Consumer Health Library under the name of the New Hanover Regional Medical Center Foundation, place the collection in the New Hanover County Public Library, approve a new Senior Librarian position, and direct Staff to prepare a budget amendment in the amount of $46,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONTINUANCE OF PUBLIC HEARING 7.3, A REQUEST BY DAVID BAREFOOT FOR T. F. HOLDINGS LIMITED PARTNERSHIP TO REZONE 8.55 ACRES LOCATED AT 3001 BLUE CLAY ROAD FROM R-20 RESIDENTIAL TO I-2 HEAVY INDUSTRIAL (Z- 712) Mr. David Barefoot, the attorney representing T. F. Holdings Limited Partnership, spoke on the issues of concern presented at the Planning Board, particularly about drainage, and he requested the Board to continue this item until November 13, 2000, to allow time to consider requesting I-1 zoning instead of I-2 zoning. Plans for the site are being developed, and the developers would like to meet with the neighbors to explain the plan and address some concerns. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 230 Commissioner Howell requested Mr. Barefoot to meet with the neighborhoods and work out the problems before presenting the request to the Board of County Commissioners. Chairman Caster called for a motion. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to continue this Public Hearing until November 13, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF FORMATION OF A PARKS AND GARDENS ADVISORY TASK FORCE Assistant County Manager Dave Weaver reported at the meeting held on September 18, 2000, Staff was directed to form a Task Force to prepare a recommendation on reorganization of the Cooperative Extension Service and Parks Department. He presented a proposal for appointment of chairpersons or their designees for groups that will be involved in the reorganization. This appointment process will save time by not having to advertise to fill vacancies. A Public Hearing should be held early in the process to receive public input. Also, the Acting Director of the Cooperative Extension Service, Dr. Bruce Williams, and County Parks Director Neal Lewis, will not be appointed to serve on the Task Force, but they will be used as a resource when attending meetings. Commissioner Birzenieks requested Assistant County Manager Weaver to read the list of chairpersons or designees that will be appointed to the Task Force. Assistant County Manager Weaver read the following list: Assistant County Manager Dave Weaver, Moderator Airlie Foundation, Chairperson or designee Arboretum Foundation, Chairperson or designee Friends of Airlie, President or designee Cooperative Extension Service Advisory Council, Chairperson or designee Master Gardeners Association, President or designee Parks Advisory Board, Chairperson or designee Parks Foundation, Chairperson or designee N. C. State University Cooperative Extension Service, representative from Raleigh Office New Hanover County Human Resources Director Commissioner Birzenieks asked if discussion was held on not having a Raleigh representative on the Task Force. County Manager O’Neal responded that one representative would be from the Raleigh office of the Cooperative Extension Service; however, the Acting Director of the New Hanover County Cooperative Extension Service would not be appointed to serve on the Task Force. Chairman Caster called for a motion. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to establish a Parks and Garden Advisory Task Force comprised of the following members to be charged with exploring and discussing issues and concerns regarding reorganization of the Cooperative Extension Service, including the Arboretum, Airlie Gardens and the Parks Department, with a report to be presented to the Board of County Commissioners on November 13, 2000: -Assistant County Manager, Moderator -Airlie Foundation, Chairperson or designee -Arboretum Foundation, Chairperson or designee -Friends of Airlie, President or designee -Cooperative Extension Service Advisory Council, Chairperson or designee -Master Gardeners Association, President or designee -Parks Advisory Board, Chairperson or designee -Parks Foundation, Chairperson or designee NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 231 -NCSU-CES representative from Raleigh Office -Human Resources Director Vice-Chairman Greer requested Chairman Caster to ask if anyone from the public would like to comment. He also pointed out that only one person from each group would be appointed to the Task Force, not two as discussed at the September 18, 2000 meeting. Ms. Beverly Brumbaugh requested the Board to consider appointing two members instead of one to represent the Cooperative Extension Service Advisory Board in order to provide balance to the Task Force. She explained that some current members may not be familiar with the Urban Forestry Program, Horticulture Program, 4-H Program, and Family and Consumer Science Program. She also stated that the current Chairperson has served on this Advisory Board for a short period of time. Vice-Chairman Greer explained to Ms. Brumbaugh that a designee or chairperson of a group could be appointed to serve on the Task Force. Ms. Brumbaugh asked if the group would have the authority to appoint their representative. Commissioner Birzenieks responded that each group will be able to select their representative. County Manager O’Neal suggested appointing only one representative from each group to avoid too many members on the Task Force. Ms. Brumbaugh reported that it was her understanding that the Parks Department was not to be involved in the process, but the proposal submitted on the agenda was for appointment of a Parks and Garden Advisory Task Force. Chairman Caster responded that the intent of the Board was for the Task Force to review and study the reorganization of all departments, the Cooperative Extension Service, Arboretum, Airlie Gardens, and the Parks Department. MOTION CARRIED UNANIMOUSLY. Upon vote, the Ms. Zeynep Kurgun-Chen, the Greenhouse Manager, Kresge Greenhouse, Department of Biological Sciences, UNCW, spoke on attending the last meeting, and stated that she clearly remembered the Commissioners saying that the Parks and Recreation Department was not the issue. The minutes reflect that the Task Force should be reviewing Airlie Gardens, the Arboretum, and Cooperative Extension Service, not the Parks Department. She requested the Commissioners to review these entities before including the Parks Department as part of the reorganization. Chairman Caster expressed appreciation to Ms. Kurgun-Chen for her remarks. BREAK Chairman Caster called a break from 7:00 p.m. until 7:12 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 7:13 p.m. Chairman Caster reconvened to Regular Session at 7:23 p.m. PUBLIC HEARING TO CONSIDER REQUEST BY CHARLES JOYCE TO REZONE 2.72 ACRES LOCATED AT 1816 FARLEY DRIVE AND 1810 NORTH KERR AVENUE FROM AR AIRPORT RESIDENTIAL TO AI AIRPORT INDUSTRIAL (Z-710, 08/00) Chairman Caster opened the Public Hearing. Planning Director Dexter Hayes reported that, at the Planning Board meeting held on August 3, 2000, the applicant, Mr. Charles Joyce, spoke on his desire to sell the property at the intersection NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 232 of North Kerr, Gordon Road and Farley Drive. One adjacent neighbor spoke in opposition of the rezoning request. After some discussion about the different zoning options and problems that would result from certain residential uses as well as the impact on nearby neighborhoods, the Planning Board unanimously voted to recommend denial of the petition. The area of the subject properties was originally zoned in the Airport District in 1976. In an effort to minimize aircraft hazards, the airport zoning districts were established to limit the development of land within the vicinity of the airport to low density development. The Airport Industrial District was established to encourage the types of development having maximum compatibility with aircraft operations, to protect and promote the public utility of the airport and to promote the health, safety, and general welfare of the inhabitants of New Hanover County by preventing the creation of hazards. The petitioner is requesting the Board to consider changing the zoning from Airport Residential to Airport Industrial. The subject parcels are in close proximity to the property owned by the Airport Authority, and the Airport may be interested in acquiring some of this property in the future. The Comprehensive Land Use Plan encourages the growth of the Airport and recommends that the County support the Airport Master Plan. The configuration of the parcels combined with the setbacks and buffering required for the Airport Industrial District would severely limit the developable area. The opposite corner from the subject parcels is zoned Conditional Use A-1. Prior to the Conditional Use A-1, there was a convenience store in that location. It is important to note the history of commercial properties at this location. The opposite corner from the subject parcels is zoned Conditional Use A-I, and the current office use on that property was approved for expansion by the Commissioners in July 2000. This CD(A-I) was established in 1991 and has been revised twice. Prior to that there was a convenience store located on the site. Based on this history, the problematic configuration of the parcels, the potential of future expansion of the Airport, and the conflict with the Comprehensive Plan, Staff recommended denial of the request. Commissioner Davis asked if this denial was recommended by the Planning Board and Planning Staff. Planning Director Hayes responded that both the Planning Board and Staff recommended denial. Chairman Caster asked if anyone from the public would like to speak. Mr. George Rountree, III, the Attorney representing the petitioner, presented a statement explaining that the request had been changed to B-1 Business instead of Airport Industrial zoning. He presented a list of 20 names of persons contacted by Mr. Joyce or Attorney Jeff Losee with no opposition expressed for the B-1 Business except for one person, Mr. Benjamin Glisson. Mr. Rountree advised that a B-1 District is a less intense use, designed to provide convenient shopping facilities and personal services to serve a neighborhood. This area is not conducive to residential development and no new homes have been located in this area for a number of years. The proposed use would be in compliance with the Comprehensive Land Use Plan. Attorney Jeff Losee presented pictures showing the north, south, east and west side of property located on North Kerr Avenue. In closing, Mr. Rountree advised that Mr. Glisson was present and would like to object. He requested Chairman Caster to allow time for him to respond to the objections. Mr. Benjamin Glisson, the owner of Lots 8 and 9 shown on the agenda map, expressed concern for the change in the proposed rezoning from Airport Residential to Airport Industrial and stated he was not aware of the change to B-1 Business zoning. He objected to any business zoning NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 233 that will allow Mr. Joyce to place any type of business on the site. The surrounding neighbors would be impacted and without water and sewer on the site, the surrounding wells could be negatively impacted. He requested the Board to deny the B-1 Business zoning. Chairman Caster requested the Planning Director to list some of the permitted uses in a B-1 Business District. Planning Director Hayes responded that a B-1 Business District allows for neighborhood uses to be placed on a site such as barber shops, grocery stores, and convenience stores. Retail uses such as used car lots, car sales, and car repair shops cannot be located in a B-1 Business District. Mr. Glisson informed the board that if a small grocery store was located on the site and eventually failed, a bar could be placed on the site. He requested the Board to protect the surrounding neighborhood and deny the zoning. Planning Director Hayes advised that an eating and drinking business would be allowed under the B-1 Business District. Mr. Rountree informed the Board that Mr. Glisson does not live in the house located on his property. It appears the renters are not going to comment on their position on the rezoning. He expressed concern for Mr. Glisson not being aware of the fact that B-1 Business zoning will not devalue his property. If the land is rezoned Airport Industrial, this zoning would create commercial activities that will increase traffic on North Kerr Avenue. In closing, Mr. Rountree requested the Board to consider rezoning the property to B-1 Business. Commissioner Davis advised that the original petition was submitted to rezone the property from Airport Residential to Airport Industrial. Staff researched the request and recommended denial of the request. When the request was presented to the Planning Board, the request was denied based upon the impact of commercial uses on surrounding neighborhoods. Now, the petitioner has changed the rezoning to B-1 Business and the Commissioners are being requested to consider this zoning with no recommendation from the Planning Board or Staff. Planning Director Hayes responded that the Board of County Commissioners have the right to send the B-1 Business rezoning request back to the Planning Board. Commissioner Davis suggested sending the B-1 zoning back to the Planning Staff and Planning Board for recommendations. Commissioner Howell stated that in his opinion an Office and Institution zoning would be a better zoning classification for the site. Vice-Chairman Greer stated that he was not opposed to sending the petition back to the Planning Board for a recommendation. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Greer to send the B-1 Business petition back to the Planning Staff and Planning Board for a recommendation to be submitted to the Board of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REQUEST BY JOE RIZZO TO REZONE 1.16 ACRES LOCATED AT THE INTERSECTION OF GORDON ROAD AND OGDEN PARK DRIVE FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTION (Z-711, 08/00) Chairman Caster opened the Public Hearing. Planning Director Dexter Hayes reported that Mr. Joe Rizzo, the applicant, presented his request to rezone 1.6 acres of property at the intersection of Gordon Road and Ogden Park Drive from R-15 Residential to O&I Office and Institution at the Planning Board meeting held on August NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 234 3, 2000. At the same meeting, Mr. Rizzo also presented a Special Use Permit request for a Convenience Food Store to be located on the same property. Several neighbors spoke in opposition to the Special Use Permit, but very few neighbors were opposed to rezoning the property to O&I. After noting that the property was better suited for non-residential uses, the Planning Board voted unanimously to recommend rezoning the property to O&I to provide a good transition to residential uses on the west side of the property. Planning Director Hayes advised that this area of the County was experiencing rapid growth. The construction of Ogden Park is in its final stages, and the widening, extension and improvement of Gordon Road is in its final stages. Although the zoning on the northern side of Gordon Road is residential, the uses are primarily institutional type uses with the Public Park and Eaton Elementary School. Across Gordon Road from the subject site is I-1 Industrial Zoning which has a variety of uses including convenience service stations, office and institutional uses and industrial uses. Further west on Gordon Road, a personal care facility is under construction as well as several residential developments. Staff recommended approval of the O&I zoning which is consistent with the current land use in the area. Chairman Caster asked if the petitioner would like to speak. Mr. Joe Rizzo, the petitioner, stated that he would respond once the opposition has been heard. Chairman Caster asked if anyone from the public would speak in opposition to the rezoning request. Mr. Jay Young, Pastor of Gateway Church, advised that the church just purchased four acres of land to construct a sanctuary on the property next to Mr. Rizzo’s 1.6 acres. The members of the church are quite concerned about the type of O&I use that will be placed on the site and the impact of the use on an already overcrowded road. He requested the Board to consider these facts when rendering a decision on the proposed rezoning. Mr. Ronnie Vogler, a member of Gateway Church and a resident of 1321 Williamsburg Court, objected to the O&I zoning because of an increase in traffic on Gordon Road, which is already a safety hazard. Mr. Bill Wooten, Director of Ministries of Gateway Church, reported that when church members were searching for property to construct a sanctuary, the group concentrated on finding a site next to residential property. When purchasing the property, everyone was aware of commercial uses across the street, but it was felt this would not be a problem since this side of Gordon Road had remained residentially zoned. The Gateway Church deals with families and ministers to children, teenagers, and young adults. A majority of church activities occur at night when traffic is at a minimal. He requested the Board to allow the property on this side of the road to remain a residential area. Ms. Pat Lowe, a member of Gateway Church and a realtor, spoke in opposition to the O&I zoning of this small 1.6 acre parcel of land located at the intersection of Gordon Road and Ogden Park Road. With Eaton Elementary School and Ogden Park, the proposed rezoning will only increase traffic on Gordon Road. Even though the road has been widened and some relief has been provided, the traffic in the morning and afternoons is still heavy. She also informed the Board that Mr. Rizzo purchased the property in February 2000 for a nominal sum of money and offered to sell the property at three times the purchase price. In closing, Ms. Lowe requested the Board to consider the residents of the area and allow the property to remain residentially zoned. Mr. Norman Miller, President of the Homeowners Association at Farrington Farms, informed the Board that residents of Farrington Farms attended the Planning Board meeting to oppose the location of a convenience store on Mr. Rizzo’s property because of the problem with turning left on Gordon Road. Since that time, Mr. Rizzo has requested O&I zoning, and the residents would like to know the uses that can be placed on the site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 235 Planning Director Hayes explained that office and institutional types of uses can be placed on the site. For example, professional offices, banks, insurance offices, doctors offices, churches, schools etc. No retail or sales types of uses can be located on the property. Mr. Miller informed the Board that residents of Farrington Farms are concerned about increased traffic and the value of their properties. He requested the Board to allow the property to remain residential. Commissioner Davis asked Mr. Miller if he and the residents would meet with Mr. Rizzo and a member of the Planning Staff to better understand what type of uses would be placed on the site. Mr. Miller responded that the residents would prefer for the church to purchase the site, which would not impact traffic on Gordon Road. Commissioner Howell expressed concern for the members of the Gateway Church and residents of Farrington Farms to bring an economic matter before the Board. The County Commissioners are responsible for determining if the proposed zoning would be the best use of the property. Mr. Miller responded that the intent of the residents was not to prohibit Mr. Rizzo from selling the property to the church for any amount of money. The residents are opposed to the location of a convenience store on the site and would like for the church to purchase the land; however, after hearing the uses under O&I zoning, the residents would not be opposed to the rezoning. Mr. Joe Rizzo, the petitioner, informed the Board that the property was surrounded by O&I uses; therefore, he would request the Board to grant him the same type of zoning. Commissioner Davis asked Planning Director Hayes to comment on the traffic concern. Planning Director Hayes responded that office type uses do not generate as much traffic as other commercial uses. With the recent widening and improvements made on Gordon Road to the intersection, traffic has been improved. The amount of traffic generated from O&I zoning on this small piece of land should not impact traffic on Gordon Road. Pastor Young informed the Board that the church’s position is to deny a general office and institutional zoning and allow Mr. Rizzo to present a contingency use for the property. Commissioner Howell asked Mr. Young why he was opposed to O&I zoning. Pastor Young responded that any office and institutional use can be placed on the site from a school, social services building, or an office that does generate a great deal of traffic. This is why the contingency use was recommended. Chairman Caster closed the Public Hearing. Motion: After commenting on O&I being a good transitional use between residential and business uses, Commissioner Howell MOVED to rezone 1.16 acres located at the intersection of Gordon Road and Ogden Park Drive from R-15 Residential to O&I Office and Institutional as recommended by the Planning Board. Vice-Chairman Greer stated the O&I zoning should not be a problem; however, since a school is located across the road and residents of Farrington Farms are concerned about increased traffic, he does not feel the residential zoning should be changed. Substitute Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to deny the request. Commissioner Howell stated that he felt Mr. Rizzo should be able to use his property for O&I NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 236 use because of surrounding business uses. Gordon Road is a heavily traveled road with a school located in the area as well as Ogden Park. The property is not suitable for residential use. Chairman Caster called for a vote on the substitute motion. SUBSTITUTE MOTION Upon vote, the to deny the request carried by a 3 to 2 vote as follows: Voting Aye:Vice-Chairman Greer Commissioner Birzenieks Commissioner Davis Voting Nay: Chairman Caster Commissioner Howell PUBLIC HEARING TO CONSIDER REQUEST BY FOGELMAN, SAFFO AND TURNER, INC., TO REZONE 29.96 ACRES ADJACENT TO PILOTS RIDGE SUBDIVISION, TIDALHOLM SUBDIVISION AND KIRKWOOD SECTION OF ARRONDALE SUBDIVISION FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z715, 09/00) - Chairman Caster opened the Public Hearing. Planning Director Dexter Hayes reported that the attorney for the petitioner presented the request at the meeting of the Planning Board held on September 7, 2000. Several people from Pilots Ridge presented concerns about providing additional open space at the end of their landing strip. Others had questions about the design and use of the private street which will be reviewed as part of the subdivision process. Most of the Pilots Ridge residents were not opposed to the rezoning. One resident from Tidalholm subdivision spoke in opposition to the request because of concern for the value of properties in the subdivision. The Planning Board voted 6-1 to recommend approval of the petition. Planning Director Hayes presented a map and slides of the site and surrounding areas. He reported that the property adjacent and to the west of the petitioners’ site is zoned R-15 Residential, and it is part of the Tidalholm Village Tidewater Plantation. The property is in Limited Transition classification, and County policies state that densities in this class should be no more than 2.5 units per acre. Although the density could be 3.3 units per acre, and the lots could be smaller under the R-10 performance residential criteria, Staff felt that rezoning the site to R-10 would be consistent with other developments in the area, and recommended approval of the request. Vice-Chairman Greer asked if there were any restrictions on the property at the end of the runway. Planning Director Hayes responded that New Hanover County does not have any restrictions. There are recommendations for safety zones and non-encroachment areas for airports; however, this is a non-regulated facility which does not require any County standards or FAA requirements. Chairman Caster asked if anyone present would like to comment. Mr. William Lynch, the attorney representing the applicants, F. M. Fogleman, Terry Turner, and A. V. Saffo, reported that a year ago, the petitioners appeared before the Board of County Commissioners to request R-10 zoning for Kirkwood Subdivision. The Board approved the R-10 zoning and the request tonight is an extension of Kirkwood with the exception of 25 lots along Pilots Ridge Road. A map was presented to the Board showing the property and the portion of R-15 property that will be left as a buffer. Under new storm water regulations, a much larger retention pond will be required for this section which would not make it feasible to develop this section under R-15 zoning. If the property is rezoned to R-10 Residential, an additional 20 units can be placed on the site. No opposition has been received from surrounding neighbors except from one resident of the Tidalholm Subdivision. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 237 Mr. Lynch advised that several property owners from Pilots Ridge were at the Planning Board meeting and expressed concern for use of any property at the end of their landing strip. Under the current zoning, the petitioners could build two-story homes, instead one story homes as proposed, which could impact landing and taking off from the runway. The proposed R-10 zoning would be the most appropriate use for the property. During the Planning Board meeting, it was also found that many of the residents in opposition to the request were upset because the developer of Pilots Ridge did not provide an adequate runway for the private airstrip. The residents also contend that a title was not provided to them for Pilots Ridge Road. The petitioners have offered to provide a deed to the residents for Pilots Ridge Road, but no agreement has been reached. The petitioners have made every effort possible to work with the residents, but most of the issues will have to be settled in court and are not part of the rezoning request. In closing, Attorney Lynch informed the Board that a portion of the site will remain R-15 Residential to protect the Pilots Ridge neighborhood. Mr. Tom O’Quinn, President of the Pilots Ridge Homeowners Association, reported that all residents, with the exception of one, own airplanes, and they live at Pilots Ridge to enjoy using a private airstrip. The residents are opposed to the R-10 rezoning because of the following reasons: 1. Safety: With prevailing winds coming from the west, airplanes taking off will be flying over the proposed site where homes will be constructed. This is a safety hazard for the pilots and homeowners. 2. Property Values: If the property is zoned R-10 Residential, it will decrease the value of property in Pilots Ridge. Chairman Caster asked Mr. O’Quinn if the residents understand that residential homes can be constructed on this site without approval from the Board of County Commissioners because the property is already zoned R-15 Residential. Mr. O’Quinn responded that covenants of the Pilots Ridge Homeowners Association say that the runway is 3,700 feet; however, the paved runway is 2,700 feet. An attorney has been secured to study this issue, but he could not attend the meeting. It is felt that inaccurate information has been presented. If the Board cannot deny the request, the Homeowners Association would like for this item to be continued until the attorney has time to present the correct data on the 3,700 foot easement. Mr. Lynch informed the Board that zoning the property to R-10 Residential would not have an impact on the lawsuit. If the homeowners are entitled to 3,700 feet, they will receive the property. This matter will be resolved by the Court System. County Attorney Copley informed the Board that the lawsuit regarding the 3,700 feet would be a private matter among the parties involved. Mr. O’Quinn again requested the Board to continue the hearing until the correct information can be presented on the 3,700 foot easement. Commissioner Davis asked Mr. O’Quinn if the 3,700 foot easement was resolved, would the residents be opposed to the project. Mr. O’Quinn responded that the residents are opposed to rezoning the property to R-10 Residential. Mr. Lynch noted that the residents do not want any form of zoning. Mr. O’Quinn has alluded to the fact that an attorney was just hired, but this statement is not true. He requested Mr. Terry Turner to report on when the dispute began on the 3,700 foot easement. Mr. Terry Turner informed the Board that the petitioners originally met with the first attorney, Mr. John Carter, 53 days ago and within a week a meeting was held with the homeowners and two NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 238 weeks later another meeting was held. The petitioners have made every effort to work with the residents of Pilots Ridge even though this issue is not involved with the rezoning. Since the residents are opposed to the adjacent R-10 development, the strip of land on the north side of Pilots Ridge Road will remain R-15 Residential. Mr. Clyde Canup, a resident of 812 Pilots Ridge Road, objected to any structure at the end of the private runway. After looking at several different states, he elected to purchase property in New Hanover County and retire at Pilots Ridge. When the property was purchased, the developer assured him that a 2,700 foot paved runway would be built with an additional unpaved runway of 1,000 feet. Once the attorney has checked into this matter, the residents feel it will be found that the total paved and unpaved runway should be 3,700 feet. The residents object to any construction on this 3,700 foot easement. If the Board decides to rezone the property to R-10 after the 3,700 feet has been designated, there will be no objection from the residents. He said since he flies a high performance airplane, he needs enough runway to get off the ground. Chairman Caster asked the County Attorney to explain if the 3,700 feet should be considered as a part of the rezoning issue. County Attorney Copley stated that the 3,700 foot easement is a private matter that must be resolved in court. This easement does not pertain to the decision being made by the Board on the proposed rezoning. Mr. Canup objected to the Board rezoning some property that does not belong to the petitioners. Chairman Caster advised that the lawsuit will be resolved and a decision will be rendered on the 3,700 foot easement, which does not affect the proposed rezoning. Mr. Canup agreed and stated this matter will have to be resolved by the court. There being no further comments, Chairman Caster closed the Public Hearing. Motion: After commenting on the runway not being involved in the zoning, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to rezone the 29.96 acres adjacent to Pilots Ridge Subdivision from R-15 Residential to R-10 Residential with a small section in the northeast corner remaining R-15 Residential to serve as a buffer. Ms. Eleanor Flannery, Secretary of the Homeowners Association, strongly objected to the statement that R-10 zoning is better than R-15 when the density will be higher under R-10 zoning. She stated if 15 homes are constructed at the end of the runway and a plane goes down, those homes and residents will be in harms way. The FAA recommends a 500 foot clearance before approaching a road. The residents understand that the property can be rezoned to R-10, which is acceptable as long as the units at the end of the runway are not constructed. If this construction is allowed and a crash occurs, this Board of County Commissioners will be held responsible for this action. Commissioner Davis asked Mr. Turner if any FAA regulations had to be met regarding the construction of homes at the end of the runway. Mr. Turner responded that a thorough check was made with the Planning Staff and no federal requirements were found. Suggestions have been offered to the residents of Pilots Ridge with an offer to provide an easement, but no agreement can be reached. Chairman Caster called for a vote on the MOTION TO APPROVE the R-10 rezoning. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 4, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 60. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, OCTOBER 2, 2000 PAGE 239 BREAK Chairman Caster called a break at 9:45 p.m. until 9:55 p.m. POSTPONEMENT OF CLOSED SESSION Chairman Caster announced that due to the County Manager’s son breaking his arm, Mr. O’Neal had to leave the meeting and go to the Emergency Room. Since the Closed Session was called to evaluate the performance of the County Manager, County Attorney, and Clerk to the Board, this session will be postponed until a later date. ADDITIONAL ITEMS Chairman Caster asked if any members of the Board had any additional items. Announcement of Special Meeting with the Wilmington City Council Chairman Caster announced that a Special Meeting had been called with the Wilmington City Council on Monday, October 9, 2000, at 5:00 p.m., in the Council Chambers of City Hall, to discuss sharing city and county facilities. ADJOURNMENT Chairman Caster called for a motion to adjourn. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 10:00 p.m. Respectfully Submitted, Lucie F. Harrell Clerk to the Board