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2001-01-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 367 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 8, 2001, 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. INVOCATION AND PLEDGE OF ALLEGIANCE Assistant County Manager Patricia A. Melvin gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Vice-Chairman Greer requested discussion of Items 3 and 6. Chairman Davis called for a motion to approve the Consent Agenda with the exception of Items 3 and 6. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the items on the Consent Agenda as presented with the exception of Items 3 and 6. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Meeting December 18, 2000 Special Meeting, Board of Education December 13, 2000 Special City/County Meeting November 27, 2000 Adoption of Resolution to Authorize Submission of Application for Community Transportation Program Funding The Commissioners adopted a resolution to submit a grant application in the amount of $172,851 to the N. C. Department of Transportation for the FY 2001-2002 Community Transportation Program funding for the New Hanover County Human Services Transportation System. The Chairman was authorized to execute the necessary grant documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 23. Authorization for the New Hanover County Public Library to File a Grant to the N. C. Department of Environment & Natural Resources for a Project Tomorrow Environmental Education Grant The Commissioners authorized the Library to submit a grant application in the amount of $1,500 to the N. C. Department of Environment & Natural Resources for a Project Tomorrow Environmental Education grant. If the grant is awarded, the funding will be used to purchase books and other materials related to wetlands research for use by local high school students. The local match is already appropriated in the FY 2000-2001 Library budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 368 Adoption of Resolution Authorizing a No Cost Transfer of a Vacant Lot to Cape Fear Habitat for Humanity The Commissioners adopted a resolution authorizing a no-cost transfer of a vacant lot located at 1812 Castle Street to Cape Fear Habitat for Humanity. The parcel is owned jointly by the City of Wilmington and New Hanover County. Cape Fear Habitat for Humanity will be required to construct a single family owner-occupied residence within 18 months so the property can be retained. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 23. Approval of Budget Amendment #01-0093 to Reflect the Actual Amount of the Aid to Public Libraries Grant The Commissioners approved the following Budget Amendment: BUDGET AMENDMENT #01-0093-LIBRARY ADJUSTMENTDEBITCREDIT Aid to Public Libraries Grant$6,669 Computer Expenses$6,669 Explanation: To increase the budget to the actual amount of the grant for FY 2000-2001. The award of the grant was $204,921. Approval of Budget Amendment #01-0095 - Juvenile Crime Prevention The Commissioners approved the following Budget Amendment: BUDGET AMENDMENT #01-0095-JUVENILE CRIME PREVENTION ADJUSTMENTDEBITCREDIT Communities That Care Grant$22,360 Salaries$14,050 FICA$ 1,070 Supplies$ 6,900 Auto Reimbursement$ 1,340 Travel$ 3,328 Contributions from NHRMC$ 4,328 Explanation: To increase the budget for the balance of the Governor’s Crime Commission grant from New Hanover Regional Medical Center for Communities that Care. This position became a county grant funded position effective November 1, 2000. To budget contribution from the Medical Center for this program. APPROVAL OF BUDGET AMENDMENT #01-0098 - HUMAN SERVICES TRANSPORTATION SYSTEM The Commissioners approved the following Budget Amendment: BUDGET AMENDMENT #01-0098-Human Service Transportation ADJUSTMENTDEBITCREDIT Work First Allocation$ 2,683 DOT-Adm., Federal$88,226 DOT-Admn., State$131,567 DOT-Vans$ 72,601 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 369 Work First Expenses$ 2,683 Contracted Services$43,341 Capital Outlay$ 4,700 Motor Vehicles$67,901 Explanation: To adjust the budget to the actual amount of grant awards for FY 2000-2001. Approval of Budget Amendment #01-0105-Public Health/Partnership for Children Grant The Commissioners approved the following Budget Amendment: BUDGET AMENDMENT #01-0105-Public Health/Partnership for Children Grant ADJUSTMENTDEBITCREDIT Public Health: Partnership for Children Grant$9,500 Temporary Salaries$7,500 Contracted Services$ 600 Departmental Supplies$ 500 Employee Reimbursements$ 650 Employee Reimbursements/Uniforms$ 250 Explanation: To budget an additional $9,500 received from the Partnership for Children grant to support the Child Care Consultant Nursing program. This revenue will be used to hire additional staff that will be responsible for performing hearing screenings in child care facilities throughout New Hanover County. Discussion and Approval of Consent Agenda Item 3 - Request by the Parks Department to Submit Three Grant Applications for the Veterans Park Project Vice-Chairman Greer requested an explanation of what funding sources will be used to pay the local match if the grants are awarded. County Manager O’Neal explained that the Board was being requested to authorize the Parks Department to submit the grants to the N. C. Parks and Recreation Trust Fund, Federal Land and Water Conservation Fund, and North Carolina 2001 Recreational Trail Program. If the grants are awarded, the Board will have an opportunity to decide what source of revenue to use as the local match for each grant or reject any of the three grant awards. The deadlines for submitting the grant applications are January 15, 2001 and January 29, 2001. Commissioner Caster asked if all three grants would be awarded in one fiscal year. County Manager O’Neal explained that award dates of August 2001 and September 2001 have been established for the two major grants from the N. C. Parks and Recreation Trust Fund and the Federal Land and Water Conservation Fund. Since these dates will be after adoption of the FY 2001-2002 Budget, the fund balance or contingency account will have to be used for the local match. Further discussion followed on the operating budget for the Parks Department and total cost for completion of the Veterans Park project. Parks Director Lewis informed the Board that the operating budget for the Parks Department is approximately $2.2 million with a separate budget for capital projects. The estimated cost to complete Veterans Park will range from $5.2 million to $5.3 million. Due to the size of this project, there should be other opportunities to receive additional grants for completion of the work. There being no further discussion, Chairman Davis requested a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to authorize the Parks Department to submit the following grant applications: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 370 N. C. Parks & Recreation Trust Fund$250,000 Federal Land & Water Conservation Fund$500,000 N. C. 2001 Recreational Trail Program$ 50,000 Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion and Approval of Consent Agenda Item 6.1, Budget Amendment #01-0089 for the New Hanover County Health Department Vice-Chairman Greer referenced discussion at the Staff meeting regarding the Computer Support temporary position and he asked if figures had been prepared to see the cost of this position becoming a full time position. Ms. Lynda Smith, Assistant Health Director, explained that if the County hires a full time employee to the end of the current fiscal year, it will cost $19,363. If the County continues to use a temporary employee, the temporary agency is paid $19 per hour which equals $17,320. The cost of a full time position is approximately $2,000 more because of fringe benefits; however, the major advantage of hiring a full time employee is to avoid having to use several different people in the temporary position because they move to full time jobs that pay benefits. The Board of Health feels the position is needed and should be permanent instead of temporary. County Manager O’Neal referenced the extremely tight budget process for FY 2001-2002 and stated that he was reluctant to approve new permanent positions at this time. He spoke on understanding the need for the position, but emphasized the importance of not having to cut full time employees hired in January on July 1, 2001. Deputy County Manager Atkinson explained that until all new positions have been submitted by other departments during the budget process, it will not be possible for Staff to prioritize key positions. He suggested waiting until the budget process has been completed in order for Staff to make a recommendation to the Board regarding new positions for FY 2001-2002. Assistant Health Director Smith reminded the Board that this position was requested in last year’s budget and stated the Board of Health will make another request if the position is not approved. After commenting on the number of new computers coming into the Health Department, Assistant Health Director Smith emphasized the need for this full time Computer Support position. After hearing no further comments, Chairman Davis requested a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve Budget Amendment #01-0089 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. BUDGET AMENDMENT # 01-0089-Public Health ADJUSTMENTDEBITCREDIT Public Health/Child Health Serv. Coord./ Nutrition/Epidemiology/ TB/Maternity Care Coord./Family Planning/Child Health/ Neurology/Children's Special Health Service: Child Health Service Coordinator: Title XIX Fee Maximization$14,526 Nutrition: Title XIX Fee Maximization$ 3,481 Epidemiology: Title XIX Fee Maximization$ 7,788 TB: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 371 Title XIX Fee Maximization$13,445 Maternity Care Coordinator: Title XIX Fee Maximization$82,910 Family Planning: Title XIX Fee Maximization$ 9,476 Child Health: Title XIX Fee Maximization$ 7,747 Neurology: Title XIX Fee Maximization$10,993 Children's Special Health Service: Title XIX Fee Maximization$ 3,113 Public Health/Laboratory/Administration/Board Members/ Child Health Serv. Coord./ Epidemiology/Teen Aids Prevention/ Maternal Health/Child Health: Laboratory: Capital Outlay Equipment$ 2,400 Administration: Contracted Services$31,679 Computer Expenses$25,600 Board Members: Training & Travel$ 1,800 Child Health Service Coordinator: Contracted Services$27,000 Capital Outlay - Equipment$16,000 Epidemiology: Temporary Salaries$15,000 Departmental Supplies$ 9,000 Capital Outlay - Equipment$ 7,500 Teen Aids Prevention: Salaries and Wages$ 6,500 Departmental Supplies$ 3,000 Maternal Health: Contracted Services$ 2,000 Child Health: Contracted Services$ 3,000 Departmental Supplies$ 3,000 Explanation: To budget Medicaid Cost Settlement in the amount of $153,479 received for revenue earned October 1998 - September 1999 as follows: $25,000 - interpreter costs for all nursing divisions; $15,000 - Epidemiology Temporary Medical Records Clerk; $7,500 - Epidemiology Medical Records barcoding project; $16,000 - Child Health Service Coordinator workstations; $2,000 - Women's Health client transportation; $2,000 - Child Health client transportation; $3,000 - contracted Child Health Nurse Practitioner; $3,000 - Child Health shelving and office partitions; $6,000 - Epidemiology flu vaccine; $6,500 - Teen Aids Prevention (TAP) salaries; $3,000 - TAP supplies; $3,000 - Epidemiology office furniture and filing cabinets; $2,300 - Women's Health (TAIF NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 372 nurse) computer and printer; $11,000 - School Health computers and printers; $2,400 - Laboratory chairs; $2,000 - Laboratory computer and printer; $4,900 - Women, Infants, and Children (AC) computers and printers; $29,000 - Computer Support temporary employee; $1,800 - Board of Health Strategic Planning funds; $5,400 - LCD projector; $2,679 - bilingual signs for main Health Department building, Animal Control, and Vector Control. CHANGE IN 2000-2001 SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY REPORTED FOR ENTRY INTO THE RECORD Clerk to the Board, Lucie F. Harrell referenced the letter received from the N.C. Department of Transportation regarding a reduction in the allocation of the 2000-2001 Secondary Road Construction Program for New Hanover County. She advised that the program presented to the Board on June 19, 2000, had been changed to decrease the allocation from $143,082.00 to $74,070.65. The decrease in funding was due to SR 1552, Camellia Lane, being annexed into the City Limits with maintenance of that road transferred to the City, and a discrepancy in allocations throughout the State. This change has resulted in a construction delay of SR 1337M, Marathon Avenue, which includes SR 2636, Indian Corn Trail and SR 2637, Tall Oaks Drive. The time frame for completing the paving of these roads will depend on future allocations. In closing, Ms. Harrell requested the Board to approve the decreased allocations adopted by the N. C. Board of Transportation so the correct figures will be reflected in the minutes. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the decreased allocation in the 2000-2001 Secondary Road Program for New Hanover County from $143,082.00 to $74,070.65 as approved by the N. C. Board of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Pritchett suggested authorizing the Chairman to write a letter to the N. C. Department Transportation to request that the funding decrease be replaced as soon as possible because of the need to pave Marathon Avenue, Indian Corn Trail, and Tall Oaks Drive. After discussion, the Board authorized the Chairman to write a letter to the N. C. Department of Transportation. APPROVAL OF GUIDELINES FOR CONDUCTING MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS Chairman Davis advised that ample time has been given for the members of the Board to review the proposed guidelines, and he asked if he could answer any questions. Commissioner Caster stressed the importance of giving people an opportunity to speak and stated that he felt the proposed policy would be difficult to implement because of emotions involved with zoning cases. He commended Chairman Davis for preparing the guidelines and stated it would be worth trying to implement the procedures. Chairman Davis expressed appreciation to Commissioner Caster for his remarks. He requested the members of the Board to view the guidelines in a positive manner so the rules can be successfully implemented. After hearing no further comments from the members of the Board, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the guidelines as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the guidelines are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVI, Page 23. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 373 MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 6:00 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 6:31 P.M. ADDITIONAL ITEMS Discussion of Combining City and County Water and Sewer Services Vice-Chairman Greer spoke on the need to combine the City and County water and sewer services and asked if any members of the Board had any suggestions. After discussion of past efforts, Commissioner Caster suggested that Vice-Chairman Greer and Commissioner Pritchett schedule a meeting with Mayor Jones to discuss moving forward with this issue. Consensus: It was the consensus of the Board to request County Manager O’Neal to schedule a meeting for Vice-Chairman Greer and Commissioner Pritchett to meet with Mayor Jones to discuss consolidating water and sewer services. Commissioner Boseman asked how this issue would ever be resolved since it appears that the major concern is whether the City or County will control the water and sewer operation. Commissioner Caster responded that he did not feel it was a control issue and stated if the City has the expertise to operate a combined water and sewer service and an agreement can be reached, he would not be opposed to the idea. County Manager O’Neal advised that he felt it was not a matter of which entity would operate the system but the governance and the policy making issues that will have to be resolved. Commissioner Caster disagreed and reiterated the importance of scheduling a meeting with Mayor Jones so the Chairman and Vice-Chairman of the Water and Sewer District can discuss the advantages of combining City and County water and sewer services. Discussion of New ABC Store Near the Galleria Mall Commissioner Caster advised that Mr. Donald Zearfoss, a member of the ABC Board, informed him that the curb cut for the new ABC Store near the Galleria Mall had been approved by the N. C. Department of Transportation. Once the new store is completed, the ABC Store at Wrightsville Beach will be closed. Discussion of Bids for the Mason Inlet Project Commissioner Boseman asked if bids have been received for the Mason Inlet Project. Assistant County Manager Weaver responded that the bidding process had been delayed until the middle of February due to concern about protecting the Piping Plover Great Lakes bird population that migrates to the coastal area of Southeastern North Carolina. Status Report on Televising Meetings Commissioner Boseman requested an update on when the Assembly Room will be equipped to televise meetings. Public Information Officer Mark Boyer informed the Board that the bidding process had been suspended because the design consultant recommended equipment that will no longer be manufactured. The consultant is in the process of working with the manufacturer to prepare a new bid package. The current time frame for televising meetings is late March or April 2001. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 374 Announcement of “Conversations with the Board of Education and Board of County Commissioners” Annual Public Forum Sponsored by the New Hanover County Council of PTAs Chairman Davis announced that the New Hanover County Council of PTAs will hold a public forum entitled, “Conversations with the Board of Education and Board of County Commissioners”on March 29, 2001, from 7:15 p.m. until 8:45 p.m. at John T. Hoggard High School Library. He encouraged the Commissioners to attend this worthwhile event so dialogue can occur among the boards, parents and members of the PTA Council. Announcement of Annual Human Relations Dinner Chairman Davis announced that the Annual Human Relations Dinner will be held on January 31, 2001 at 7:00 p.m. in the Madeline Suite on the UNCW campus. He encouraged the Commissioners to attend this annual event. Commissioner Pritchett stated that she planned to attend the dinner. Vice-Chairman Greer stated that unfortunately he would be out of town. Discussion of a Request by Corning, Inc. for Support of a Pedestrian Crosswalk Over Highway 132 North Chairman Davis spoke on meeting with representatives of Corning, Inc. and stated the company is in the process of expanding the local plant. Since Corning owns the property across the street and would like to use the land for expanded parking to accommodate their employees, Corning would like to construct a pedestrian crosswalk over Highway132 North. This project will be funded by Corning and the crosswalk will have to be approved by the N. C. Department of Transportation. The City and County will be requested to write letters of support. Chairman Davis requested the County Manager to place this item on the agenda for January 22, 2001 so this matter can be discussed. Adoption of Proclamation Declaring January 15, 2001 as Martin Luther King, Jr. Day in New Hanover County Chairman Davis announced that Pastor James Utley, Jr. has requested the Board of County “Martin Luther King, Jr. Commissioners to adopt a proclamation declaring January 15, 2001 as Day” in New Hanover County. He requested the Board to adopt the proclamation as presented. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt the proclamation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Pastor Utley invited the County Commissioners to attend the Celebration Banquet being held on Monday, January 15, 2001, 6:30 p.m., Union Missionary Baptist Church, Princess Place Drive, Wilmington, N. C. He also invited the Commissioners to attend the Sunday Evening Ecumenical Service on January 14, 2001, 6:00 p.m., at the Fifth Avenue Methodist Church. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVI, Page 23. Authorization to Replace Stucco Exterior of the Cape Fear Museum with Metal Panels Assistant County Manager, Patricia A. Melvin, reported that the Cape Fear Board of Trustees had been working on this item for the last 18 months. In November, the Board of Trustees approved replacement of the current stucco exterior of the building with a metal panel system as proposed by the consultant, David Lisle Architects. She presented the following option and stated that Mr. Lisle was present and would be glad to answer any questions: Metal Panel Option Patch and repair (new studs, sheathing, etc.) 4,000 sq. ft. @ $2.00 $ 8,000 New metal panels14,000 sq. ft. @ $19.90$266,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 375 $274,000 Contingency (15%) 27,400 Total$301,400 Three bids were received on December 27,2000 with the low bid submitted by Precision Walls, Inc. of Raleigh, North Carolina in the amount of $257,858 not including contingency. The Director of Inspections has reviewed the metal panel system and feels this would be a good solution for resolving the problem. Chairman Davis requested Mr. David Lisle to explain the problem and how the new system would resolve the water intrusion problem. Mr. Lisle reported that after an extensive review of the stucco and damage to the exterior of the Museum building, it was found that the stucco was incorrectly applied which resulted in expansions and contractions that created large cracks in the product. Water began to seep into the cracks and the stucco began to deteriorate; however, this was not a faulty product. The proposed metal system will cover the stucco to serve as a secondary double layer water bearer to prevent water intrusion into the cracks. This is a viable option that will cost considerably less than laying a new foundation and trying to match bricks. Mr. Lisle assured the Board that use of this system would prevent further water intrusion. Commissioner Boseman asked if the metal system would be strong enough to support the structure if the remaining stucco falls off the building. Mr. Lisle explained that the purpose of the metal panel system was to create a backing that runs horizontally and vertically to tighten the stucco system to prevent it from falling apart. Vice-Chairman Greer asked if the option presented would be a coverup to resolve the problem. Mr. Lisle explained that the metal panel system would prevent the stucco from getting worse because the exterior will be covered to prevent water intrusion. When studying the problem, some of the exterior stucco was removed to make sure it was not the problem. Discussion followed on whether the proposed metal panel system would create a problem for future expansion of the Museum. County Manager O’Neal stated that after discussing this matter with the architect, he felt there should be no problem with expanding the Museum. The panels should retain their color for a long period of time, and if necessary similar panels could be used to match the exterior of the building. Motion: After further discussion, Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve covering the current stucco exterior of the Cape Fear Museum Building with the metal panel system as recommended by Davis Lisle Architects and approved by the Cape Fear Museum Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. Action Deferred on the Proposed Resolution to Request the North Carolina General Assembly to Change the North Carolina Homestead Exemption County Manager O’Neal requested the Board to consider adopting a resolution to request the N. C. General Assembly to increase the North Carolina homestead exemption to $25,000 and increase the income eligibility limit to $25,000. Vice-Chairman Greer recommended waiting until after the Legislative Briefing of the N. C. Association of County Commissioners being held in Pinehurst, N. C. on January 11-12, 2001 to see what the recommended NCACC legislative goal would be before adopting the resolution. He suggested deferring action on the resolution until the January 22, 2001 meeting. Mr. Ray Rothrock, Mayor of Carolina Beach, advised that currently the N. C. Homestead Exemption for a property owner living as a primary resident in a house with an income of $15,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 376 or less is $20,000. There is an effort among local governments to increase the threshold so couples living on two social security checks will be eligible to receive the $20,000 homestead exemption. He advised that the Town Council of Carolina Beach feels the exemption should be increased, and consideration should also be given to exempting social security from being counted as income at certain income levels. Many couples drawing social security in the amount of $24,000 are not eligible for the homestead exemption. Mayor Rothrock stated that another issue to address will be the loss of tax revenue if the exemption is increased. He requested the Board to consider these items when preparing a resolution. Consensus: It was the consensus of the Board to defer action on the resolution until the next regular meeting to be held on January 22, 2001. Authorization for the New Hanover County Public Library to File a Grant Application to the Cape Fear Memorial Foundation County Manager O’Neal requested the Board to authorize the New Hanover County Library to submit a grant application in the amount of $130,000 to the Cape Fear Memorial Foundation to renovate an area in the Main Library to house the Consumer Health Collection that was given to New Hanover County by the New Hanover Regional Medical Center Foundation. Since the Board has rd not approved the 3 Floor Renovation of the Library, the grant can be submitted to comply with the January 15, 2001 deadline, and if it is approved, acceptance of it can be subject to the Board’s rd decision regarding renovation of the 3 floor. Library Director David Paynter reported that when the New Hanover Regional Medical Center Foundation provided the Main Library with the Consumer Health Collection, the Foundation was informed that sufficient space was not available to house a second collection without seeking private funds to renovate an area near the reference department. If the Commissioners decide not to accept the grant, the collection will still be maintained but not in a separate section. Discussion was followed on who gave the Consumer Health Collection to the Library. Commissioner Caster advised that the collection was owned by the New Hanover County Regional Medical Center, not the Foundation. Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to authorize the Library to submit the grant application to Cape Fear Memorial Foundation. Acceptance of the grant will be subject to the Board’s decision regarding whether or not to renovate rd the 3 Floor of the Main Library. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Davis called a break from 7:05 p.m. until 7:10 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY HUBERT SMITH TO REZONE APPROXIMATELY SEVEN (7) ACRES OF PROPERTY LOCATED AT 3145 CASTLE HAYNE ROAD FROM R-20 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z-717, 11/00) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes presented slides of the site and reported that the property was located at the intersection of Rockhill Road and Castle Hayne Road. At the November 2000 Planning Board meeting, the petitioner, Mr. Hubert Smith, presented his request to rezone approximately eighteen (18) acres of property. As a result of discussions during the meeting, the petitioner asked to continue the petition to the December meeting so he could amend the petition. At the December meeting, the petitioner decreased the size of the request to approximately seven (7) acres. The proposed rezoning area still has approximately 700 feet of frontage on the Castle Hayne Road right-of- way. Although some setbacks will be required, most of the Swamp Forest, which is protected by the Conservation Overlay District, lies to the west of the floodplain and outside the new rezoning request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 377 The petition has been revised so that the rear portion of the property on the western end is no longer part of the property. The property now stops on the other side of Ness Creek. Several neighbors wanted to confirm the depth of the rezoning request. The Planning Board voted unanimously to approve the B-1 rezoning to a depth of 300 feet parallel to the Castle Hayne Road right-of-way, leaving additional buffering and floodplain areas to the west zoned R-20 Residential. After commenting on the original petition being reduced from 1,000 feet to 300 feet in depth, Chairman Davis asked if the reduction in the depth had changed Staff’s recommendation for denial. Planning Director Hayes responded that Staff feels the existing commercial corner is sufficient to serve the needs of surrounding neighborhoods. Another factor considered by Staff was the Bypass 17 intersection to be located near the General Electric Plant. It was felt that commercial uses should be located at this interchange in lieu of strip zoning further down Castle Hayne Road. Further discussion was held on whether the proposal was consistent with the Comprehensive Land Use Plan. Planning Director Hayes explained that several polices in the Land Use Plan discourage this type of strip development. This was the major reason for Staff recommending denial of the request. Chairman Davis asked if the petitioner would like to speak. Mr. Hubert Smith spoke on living in the neighborhood for his entire life and stated that he had no intention of disrupting the community. He informed the Board that he was an auctioneer and he was trying to establish a small business on the property with ample parking. He requested the Board to consider the rezoning request. Chairman Davis noted that Ms. Betty Walker had signed up to speak and asked if she would like to comment. Ms. Betty Walker, a resident of 2400 Rock Hill Road, informed the Board that a majority of residents living in the Rock Hill community were concerned about the negative impact of the proposed rezoning. At the Planning Board meeting, discussion was held on how Mr. Smith planned to access the business and if this access would increase traffic on Rock Hill Road. The residents were assured by Mr. Smith that the property would be accessed from Castle Hayne Road. Most of the residents in the Rock Hill community have lived in this area for years and are concerned about the aesthetics and value of their properties. With the proposed access to the business and the commercial use not expanding beyond Ness Creek, the residents would not be opposed to the rezoning; however, the residents are not thoroughly convinced there will be no negative impacts to the community. Ms. Walker requested the residents attending the meeting to stand. Chairman Davis requested Ms. Walker to identify the names of persons attending the meeting. Ms. Walker identified Ms. Edith Foy, Ms. Christine Foy and Mr. & Mrs. Robert Burrell. Chairman Davis asked Ms. Walker if the residents were still opposed to the rezoning request even though the depth has been reduced from 1,000 feet to 300 feet. Ms. Walker responded that many residents of the community are still concerned about a loss in property values if the property is rezoned. Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett referenced the property identified as Lot 8 on the map and asked if Ms. Burton, the owner, was opposed to the rezoning request. Planning Director Hayes responded that Ms. Burton was one of the petitioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 378 Ms. Betty Walker requested Mr. Smith to show her on the map where the property would be developed. Mr. Smith identified sites on the map being used for his commercial business, another lot owned by him, the property used by Ms. Burton, and the five-acre tract being discussed tonight with a house on the front of the property. There are approximately 300 feet behind this house to the edge of the woods and another 50 feet from the woods to the creek. There is enough room behind and beside the house to establish a small business building and parking area away from Rock Hill Road. The office building will be located 800 to 1,000 feet from Rock Hill Road, and the wooded area will remain in place because of environmental restrictions. The business will be accessed by a street running beside the canal adjacent to county owned property. Commissioner Caster asked Mr. Smith if he agreed with a restricted depth of 300 feet. Mr. Smith concurred with the 300 foot depth. Chairman Davis asked Ms. Walker if she was still opposed to rezoning the property. Ms. Walker said after understanding the complete use of the property, the residents could live with the rezoning. There being no further comments, Chairman Davis closed the Public Hearing. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the recommendation of the Planning Board and rezone approximately 7 acres of property located at 3145 Castle Hayne Road from R-20 to B-1 Neighborhood Business to a depth of 300 feet parallel to the Castle Hayne Road right-of-way, leaving additional buffering and floodplain areas to the west zoned R-20 Residential. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows. Voting Aye:Commissioner Caster Vice-Chairman Greer Commissioner Pritchett Voting Nay:Chairman Davis Commissioner Boseman Commissioner Boseman requested the record to reflect that she voted no because the use was not consistent with the Comprehensive Land Use Plan. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book II, Castle Hayne Section, Page 22. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN WESSELL TO REZONE 1.3 ACRES OF PROPERTY LOCATED AT 6230 CAROLINA BEACH ROAD IN FRONT OF BEAU RIVAGE PLANTATION FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTION (Z-718,11/00) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes presented slides on the site and reported that an existing 4,100 square foot building originally used as a sales office for Beau Rivage Plantation was located on the site. The petitioner’s attorney presented the rezoning request at the Planning Board meeting on December 7, 2000. The attorney for Beau Rivage Homeowners Association (HOA) stated that the HOA was negotiating with the petitioner and did not have any objection at that time. Recognizing the recent zoning changes nearby and the existing use of the property, the Planning Board voted unanimously to recommend approval. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 379 The subject property fronts on Carolina Beach Road which is classified by the Thoroughfare Classification Plan as an Arterial Road. Directly adjacent and south of the subject property is a vacant B-1 Neighborhood Business District which was established in July 1999. Prior to July 1999, this adjacent parcel was zoned O&I Office and Institutional. Although much of the property across Carolina Beach Road is zoned R-15 Residential, there is a wholesale nursery, a non-conforming junk yard and some other B-1 Neighborhood Business Zoning. Other commercial and institutional type uses are located near the subject property. In 1995 a petition to operate a child daycare facility at this location was denied. At that time there was significant opposition to the request. The opposition primarily focused on traffic issues. Since 1995 two properties to the south of this property have been rezoned B-1 Neighborhood Business. The objective of the O&I Zoning Classification is to act as a transition between commercial and residential land uses. Since the development is no longer utilizing this space as a sales and information office, there is a vacant existing building and associated parking area. Given the variety of land uses in the area, and the location of an existing office on the site, the Planning Staff recommends approval of the request. Chairman Davis asked if the use was consistent with the Land Use Plan. Planning Director Hayes responded that the use was transitional and would be consistent with the Land Use Plan. Chairman Davis asked if the petitioner would like to speak. Mr. John Wessell, an attorney representing Peggy Lewis the petitioner, advised that the property was located on Carolina Beach Road at the entrance to Beau Rivage Plantation. He showed a slide of the road running down to the existing building and the distance of the structure from the subdivision. He reported that the subdivision was constructed by Peggy Lewis and her husband, now deceased. The subject property is not under restricted covenants, and the petitioner would like to use the building for general office purposes. Office and Institution zoning is being requested and the proposed office use would be an ideal transitional use in this area. The property is not suitable for residential development. Attorney Wessell informed the Board that the property owner will change the access to the property. The access points to Beau Rivage Drive will be closed by a buffer with a driveway going in and out to Highway 421 at the southeastern corner of the site. The new driveway will be located immediately south of the entrance wall into Beau Rivage Plantation. This access has been approved by the N. C. Department of Transportation. In closing, Attorney Wessell advised that members of the Beau Rivage Homeowners Association will speak in opposition. Every effort has been made to work with the property owners. The complaints are tied to what the residents see when entering the subdivision. The property is one- fourth of a mile before the first house. If the property is re-zoned to Office and Institution, there will be no light intrusion, trash, or additional traffic. Every effort will be made to be sure that the residents do not see the building when driving through Beau Rivage. Ms. Peggy Lewis still owns lots in the subdivision and she would not request a use that would reduce the value of properties. Ms. Lewis is asking for a fair and reasonable request that complies to the Land Use Plan with minimal impact on surrounding properties. Attorney Wessell requested the Board to approve the rezoning request. Chairman Davis requested Attorney Wessell to make the driveway covenant part of the record. Attorney Wessell responded that he would be glad to comply to this request. Commissioner Boseman asked if the property was included in the restricted covenants for Beau Rivage Plantation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 380 Attorney Wessell responded that the property was not included in the restricted covenants. Vice-Chairman Greer asked who owned the property to the right of the subdivision off Carolina Beach Road. Attorney Wessell responded that Beau Rivage Plantation, Inc. owns the property, which is controlled by Ms. Lewis. Commissioner Pritchett asked if the existing building would be expanded. Attorney Wessell responded that Ms. Lewis does not intend to expand the building; however, there is no way to say whether the building will be sold or expanded in the future. Chairman Davis asked if anyone from the public would like to speak in opposition to the proposed rezoning. Mr. B. J. Johnson, President of the Homeowners Association of Beau Rivage Plantation, presented photographs (marked as Exhibit I) of traffic patterns and homes located in the subdivision. He also presented a petition of more than 300 signatures (marked as Exhibit II) of members of the Homeowners Association opposed to the rezoning. He advised that residents purchased their homes in Beau Rivage because of its residential nature and beauty as well as restrictions that prohibited any form of commercial use. When the 1995 Special Use Permit was denied, it was because of traffic concerns to surrounding neighborhoods. Since that time traffic has continued to increase and when the Veterans Park Complex is completed, traffic will significantly increase. Many residents are now afraid to access Carolina Beach Road. The roads in Beau Rivage Plantation are private and maintained by the Homeowners Association. There are no sidewalks and the residents frequently use the roads for long walks. This quiet peaceful neighborhood should not be destroyed. In concluding his remarks, Mr. Johnson requested the Board to deny the proposed rezoning because of increased traffic in Beau Rivage and the possibility of the office building being sold in the future to a large commercial company. Mr. Jeff Keeter, the attorney representing the residents of Beau Rivage, advised that his letter previously submitted to the Commissioners summarizes pertinent points. Under Office and Institution zoning, the maximum use of the property in the future should be considered by the Board before rendering a decision. This is a small office building that could be sold at a later date for construction of a CVS Pharmacy on the site. This type of use would significantly reduce the value of surrounding properties. He also noted that even though the building was not adjacent to houses in Beau Rivage, it was still offensive when entering and exiting the subdivision. The residents are proud of the attractive entrance into Beau Rivage and they do not want to lose this valuable asset. To allow this property to be rezoned from R-15 Residential to O&I Office and Institution will be another example of opening the door to strip commercial zoning for this area. In closing, Attorney Keeter stressed the importance of protecting the neighborhood and requested the Board to deny the rezoning to prevent diminishing the quality of life in Beau Rivage Plantation. Chairman Davis asked Attorney Keeter if he agreed with the statement by Attorney Wessell that the property is not subject to the restricted covenants. Attorney Keeter advised that the subject property was deeded by Beau Rivage Plantation, Inc. to Mr. and Mrs. Eddie Lewis a few weeks before the restricted covenants were placed on record for the first section of Beau Rivage Plantation; therefore, the covenants would not apply. Chairman Davis asked Attorney Bill Harrill if he would like to add further comments to the remarks made by Attorney Keeter. Attorney Harrill advised that after a review of the restricted covenants, it was found that all properties shown on Map Book 26, Pages 80-83 were subject to the covenants for residential use. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 381 In Map Book 26, Page 80, the subject property was shown; therefore, there could be a slim possibility that the covenants would apply. However, since the deed and conveyance of the property to Mr. and Mrs. Lewis were recorded before the restricted covenants were recorded, the restrictions could apply. Ms. Theresa Cote’, a resident of 309 Rivage Promenade, referenced the entrance to Beau Rivage and stated when she and her husband were looking for a home in 1992, they saw the entrance wall and drove into Beau Rivage Plantation. After seeing the beauty of the community, they purchased a home with the understanding that Beau Rivage was a planned residential golf and tennis community. To allow this property to be rezoned Office & Institution from R-15 Residential could destroy the quality of life, devalue properties, and increase traffic. She requested the Board to deny the request. Vice-Chairman Greer asked if the wall could be removed without having to rezone the property. Attorney Wessell responded that the wall could be removed without rezoning the property. There being no further comments, Chairman Davis closed the Public Hearing. Commissioner Boseman asked how other developments handled sales offices located within a subdivision. Planning Director Hayes responded that Landfall has a sales building at the entrance which has not created a problem with the residents; however, the Cape Subdivision is a better example where a sales office was built on the southside of the subdivision. This site was later rezoned for an office type use and sold later to a church. If the sales office is not constructed as a house, it can become difficult to decide on the best use for the property. Chairman Davis stated as a homeowner in a subdivision, he was concerned about residents who have been living in this neighborhood since its inception. As demonstrated by the information submitted, a majority of the residents is opposed to the rezoning, and there is no question that the restricted covenants do not apply to the subject property. When reviewing the recommendations by the Planning Board, Planning Staff, and residents, it does make a difference in how the residents feel about a proposed rezoning; therefore, he would be hesitant to approve the rezoning. Commissioner Pritchett agreed and expressed concern about the number of residents opposed to the rezoning. There being no further comments, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Davis called a break from 8:20 p.m. until 8:31 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY BERRIE MARSHBURN TO REZONE APPROXIMATELY 1.5 ACRES OF PROPERTY LOCATED AT 5331 CASTLE HAYNE ROAD FROM RA RURAL AGRICULTURAL TO CD (I-1)CONDITIONAL USE LIGHT INDUSTRIAL (Z-714, 09/00) Chairman Davis opened the Public Hearing and announced that the conditional use process requires sworn testimony; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Berrie G. Marshburn NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 382 Steve Culbreth Andrain Hommes Planning Director Dexter Hayes presented slides of the site and reported at the Planning Board meeting held on December 7, 2000, the petitioner and his attorney presented the request. The petitioner’s neighbor, who shares an access with the petitioner, voiced concern about additional traffic on the common driveway and future zoning changes that may result from approval of the request. After a brief discussion of who owned the access, the Planning Board voted 4-1 to approve the request subject to the following conditions: 1.The use will be limited to the motorcycle shop. 2. The motorcycle shop can only be operated by the current property owner. 3. In order to meet the minimum zoning district size, the proposed rezoning must include a 60- foot wide strip connecting to the I-1 District across Castle Hayne Road. The Planning Board recommends that this strip be provided on the petitioner’s property adjacent and south of the subject parcel. Planning Director Hayes presented the following findings of fact: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site is served by an individual well and septic system. B.The site is located within the Castle Hayne Volunteer Fire Department. C.Access to the site is through an existing improved access easement. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A site plan showing existing features and setbacks has been provided. B.Any additions to the site will have to meet the setbacks and buffer requirements of the 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.No additional parking or buildings are proposed B.The warehouse is existing on the property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of New Hanover County based upon the following findings: A. Other nearby areas are zoned I-1 Light Industrial. B.According to the Comprehensive Land Use Plan, the property is located in the Resource Protection Land Classification which was established to provide for the preservation and protection of natural resources. Chairman Davis asked if the proposed use was consistent with the Land Use Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 383 Planning Director Hayes responded that Staff does not feel the use is consistent with the Land Use Plan. Chairman Davis asked if the petitioner would like to speak. Mr. Steve Culbreth, the attorney representing the petitioner, Mr. Berrie Marshburn, reported that the petitioner has operated a floral business in Castle Hayne for a number of years. Due to changes in the florist business, he needs to rezone his property so one half of the existing building can be used to establish a motorcycle shop. Mr. Marshburn’s adjacent neighbor does not object to the rezoning but there is concern about ownership of the 60-foot access. The petitioner is requesting conditional use zoning to prevent spot or strip zoning. Chairman Davis asked if the petitioner agreed with the conditions of the Planning Board and findings presented by the Planning Director. Attorney Culbreth, on behalf of the petitioner, concurred with conditions and findings as presented. Mr. Andrain Hommes, a resident of 280 Gooseneck Road, reported he did not object to the motorcycle shop, but he was concerned about increased traffic from the motorcycle shop. He stated if another access could be located on the southside of the property within a reasonable period of time, he would not be opposed to the use. Attorney Culbreth informed the Board that the concern expressed by Mr. Hommes was the reason that the Planning Board required the 60-foot wide strip connecting the Conditional Use Light Industrial District across Castle Hayne Road. Discussion followed on placing a time frame on the amount of time required by the petitioner to provide the 60-foot wide strip. Vice-Chairman Greer suggested a time limit of six months. Chairman Davis asked Mr. Hommes if six months was acceptable. Mr. Hommes agreed to the time frame. There being no further comments, Chairman Davis closed the Public Hearing. Chairman Davis requested a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve rezoning 1.50 acres of property located at 4331 Castle Hayne Road from RA Rural Agricultural to CD (I-l) Conditional Use Light Industrial subject to the following conditions recommended by the Planning Board; (1) the use will be limited to the motorcycle shop; (2) the motorcycle shop can only be operated by the current property owner; and (3) in order to meet the minimum Zoning District size, the proposed rezoning must include a 60-foot wide strip connecting to the I-1 District across Castle Hayne Road to be provided on the petitioner’s property adjacent and south of the subject parcel with completion of this access within six (6) months; and approve a Special Use Permit to allow Mr. Berrie Marshburn to use the property located at 4331 Castle Hayne Road for a motorcycle shop based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the New Hanover County Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF NEW HANOVER COUNTY, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JANUARY 8, 2001 PAGE 384 NORTH CAROLINA ADOPTED JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section of Castle Hayne, Page 22. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 11. 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. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:10 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board