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HomeMy WebLinkAbout1999-03-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 103 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 8, 1999, at 6:30 p.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina. Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; 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. He requested a special prayer for Allen O’Neal’s father who is having surgery and Inspections Director Jay Graham who is in the hospital. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Birzenieks 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 comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Request for the New Hanover County Board of Commissioners and Wilmington City Council to Consider the Economic Well Being of Citizens When Preparing Budgets and Setting Tax Rates for FY 1999-2000 Ms. Judy Husketh, a concerned citizen, reported the average income in New Hanover County is approximately $41,000 for a family of four. With high property taxes and higher costs for car and homeowners insurance in this area, many homeowners often do without personal luxuries to maintain dwellings for their families. The local residents have borne the financial and emotional strain of three hurricanes in two years, and they have paid large out-of-pocket expenses and physically labored for months to recoup losses sustained from these storms. It is the responsible homeowner who continues time after time to be penalized by ever increasing property taxes. Often the only out for the homeowner is to sell and leave the area. Retirees and others have relocated to New Hanover County because they could no longer afford to live in places where they had previously worked. The same pattern is being duplicated in our county. Are we gong to continue to tax ourselves, our parents, our neighbors, and our children out of a future? Must we all move to Florida or to the top ten areas listed in Money magazine as affordable for retirees? The citizens have been told that taxes will not double. This is not true. How can we continue to accept this delusion. Both governments must now consider lowering tax rates drastically for our survival. At a time when Wilmingtonians face many issues, the taxpayers are requesting the City Council and Board of County Commissioners to consider the economic well being of its citizens when making final recommendations for budgets and tax rates for the next few years. The consequences are far reaching and they demand both a realistic and moral approach to be fair. Chairman Caster expressed appreciation to Ms. Husketh for her comments. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested removal of Items 5 and 13.2 from the Consent Agenda. Clerk to the Board, Lucie F. Harrell, requested removal of Consent Agenda Item 12, a road petition to add roads in Seaspray Subdivision to the State Highway Maintenance System. She noted that with the recent annexation by the City of Wilmington, the roads were now in the City and the petition would have to be submitted through the City’s procedures. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 104 Discussion was held on Consent Agenda Item 5. Vice-Chairman Greer requested an explanation of why the associated budget amendment was in the amount of $6,200 when grant award was $32,200. Deputy County Manager Atkinson explained that the budget amendment was prepared to reflect the difference in the amount already budgeted and the actual amount of the grant award. Discussion was held on Consent Agenda Item 13.2. Vice-Chairman Greer requested an explanation of why the debits and credits did not equal on the budget amendment. Deputy County Manager Atkinson requested the Board to withdraw this item so the budget amendment could be corrected and resubmitted on the next Consent Agenda. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to remove Consent Agenda Items 12 and 13.2 and to approve the remaining items on the Consent Agenda, including Item 5. 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: Special Meeting, Board of EducationJanuary 25, 1999 Regular MeetingFebruary 1, 1999 Emergency Meeting, Hospital BondsFebruary 4, 1999 Continued Meeting, Hospital BondsFebruary 5, 1999 Approval of New Hanover Regional Medical Center Leases The Commissioners authorized the Medical Center to proceed with renewing the following leases since the County has no need for the space: Property located at 2460 Delaney Avenue (1): Coastal AHEC will continue to be the tenant. Due to recent reimbursement changes, the facility will be sub-leased to Coastal AHEC. The Women’s Health Specialties South practice will continue to use the space. The proposed lease is for $14 per square foot. Property located at 5302 Oleander Drive: (2) The Wilmington Orthopedic Group is interested in leasing Unit A. This unit has X-Ray equipment installed in the facility which makes it suitable for an orthopedic office. The lease proposal calls for a rental rate of $16.22 per square foot. Acceptance of Grant Award from the N.C. Department of Crime Control & Public Safety, Division of Emergency Management and Approval of Associated Budget Amendment # 99- 0096 - Emergency Management Department The Commissioners accepted a grant in the amount of $2,353 from the N.C. Department of Crime Control and Public Safety, Division of Emergency Management for the purchase of hurricane preparedness and mitigation plastic litter bags. No County funds are required. The following budget amendment was approved: #99-0096-Emergency Management AdjustmentDebitCredit N.C. Department of Crime Control & Public Safety Grant$2,353 Emergency Management$2,353 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 105 Purpose: To budget grant received from the N. C. Department of Crime Control and Public Safety Division of Emergency Management. Acceptance of Grant Award from the N.C. Department of Crime Control & Public Safety, Division of Emergency Management and Approval of Budget Amendment #99-0095 - Emergency Management Department The Commissioners accepted a grant award from the N. C. Department of Crime Control & Public Safety, Division of Emergency Management in the amount of $6,475 for the purchase of EM2000 specialized software, computer hardware, training and support, and maintenance. No County funds are required. The following budget amendment was approved: #99-0095 - Emergency Management ADJUSTMENTDEBITCREDIT N.C. Department of Crime Control & Public Safety Grant$6,475 Departmental Supplies $ 600 Capital Outlay - Equipment $3,000 Maintenance and Repair - Equipment $ 375 Training and Travel $2,500 Purpose: To budget grant received from the NC Department of Crime Control and Public Safety, Division of Emergency Management. Acceptance of FY 1998-99 EEOC Grant Award to Human Relations Department and Approval of Budget Amendment #99-0101 The Commissioners accepted the 1998-99 EEOC grant award to the Human Relations Department in the amount of $32,200 and authorized the Human Relations Director to sign the grant. The following budget amendment was approved: #99-0101 - Human Relations - EEOC ADJUSTMENTDEBITCREDIT EEOC Grant$6,200 Advertising$5,000 Travel and Training$1,200 Purpose: To increase the budget to reflect the increased amount of the EEOC grant for FY 1998-99 Adoption of Resolution Awarding Contract #99-0274 to Wally’s Fire & Safety, Inc. to Purchase two Thermal Imaging Systems for the Fire Services Department The Commissioners adopted a resolution awarding a contract to Wally’s Fire & Safety, Inc. in the amount of $33,132 to purchase two thermal imaging systems for the New Hanover County Fire Services Department through the “piggyback” option as allowed under NCGS-143.129. The City of Florence, South Carolina, formally bid a thermal imaging system in January. Four bids were received and the City of Florence awarded the contract to Wally’s Fire & Safety, Inc., the lowest bidder. Wally’s Fire and Safety, Inc. extended the same price to New Hanover County. Funds are available in account 130-436-4340-6400 for this purchase. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 7. Authorization for the New Hanover County Health Department to Submit a Grant Application to Smart Start for the Hispanic Prenatal Project-Partnership for Children 1999-2000 The Commissioners authorized the Health Department to submit a grant application to Smart NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 106 Start for the Hispanic Prenatal Project in the amount of $12,500. This project will provide educational support services for pregnant Hispanic women who receive care through the New Hanover County Health Department’s prenatal services. Strategies will target barriers to prenatal care and will address transportation services for prenatal visits, childbirth classes, WIC services, etc.; prenatal vitamins; diabetic supplies; car seats; interpreter services; mother/baby supplies and prenatal support education sessions. If the grant is awarded, the County Manager is authorized to accept the grant, approve the related budget amendment and sign the necessary grant documents. Authorization for the New Hanover County Health Department to Submit a Grant Application to the Kate B. Reynolds Charitable Trust Health Care Division for Funding “The Preventing HIV Effectively” Program The Commissioners authorized the New Hanover County Health Department to submit a grant application in the amount of $190,000 to the Kate B. Reynolds Charitable Trust Health Care Division to fund the “Preventing HIV Effectively” program. This program will enable the New Hanover County Health Department to assume leadership in coordinating HIV prevention activities focusing on reaching the five highest risk populations. If the grant is awarded, the County Manager is authorized to accept the grant, approve the related budget amendment and sign the necessary grant documents. Authorization for the New Hanover County Health Department to Submit a Grant Application to Smart Start for the Intensive Home Visiting Program (IHVP) The Commissioners authorized the New Hanover County Health Department to submit a grant application to Smart Start for the Intensive Home Visiting Program. This program will be piloted with support from the Division of Women’s and Children’s Health and the UNC School of Public Health. At-risk families, identified by program criteria, will be visited frequently regarding parenting, health, safety, development, child abuse prevention, social and financial needs. Home visits will begin during pregnancy and continue to age 3. The nurse/social worker will be a consistent resource for the family, accessing community services as needed. This program would contribute data to statewide research on Intensive Home Visiting Programs. If the grant is awarded the County Manager is authorized to accept the grant, approve the related budget amendment and sign the necessary grant documents. Adoption of Capital Project Ordinance for New Hanover County and Approval of Associated Budget Amendment # 99-23 The Commissioners adopted a Capital Project Ordinance and approved the associated budget amendment to establish the capital project budget for the HUD Disaster Recovery Initiative Program consisting of a HUD grant in the amount of $1,853,000 and $800,000 of County funds. Projects to be included in the program are: 1.Wilmington/Hanby Beach Sewer Connection Assistance - $288,000 Grant 2.Castle Hayne Phase I and II - Sewer Connection Assistance - $207,000 Grant; and Sewer Construction - $431,586 Grant; a County Commitment of $800,000; Total Project - $1,438,586 3.South End of Wrightsville Beach Property Acquisition - $300,000 Grant 4.Snag and Drag Project - $376,414 Grant 5Carolina Beach Fire/Police Station Construction - $250,000 Grant The County’s contribution of $800,000 toward the Castle Hayne Phase I and II project will come from the Water and Sewer Fund Balance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 107 A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 7. Budget Amendment #99-12 - HUD Disaster Recovery Initiative Program DEBITCREDIT HUD-Disaster Resistance Initiative Program Capital Project HUD-Disaster Resistance Grant$1,853,000 Transfer in from Fund 800 (Water/Sewer)$ 800,000 Capital Project Expense$2,653,000 Water/Sewer District Appropriate Fund Balance$ 800,000 Transfer to Capital Projects $ 800,000 Purpose: To establish project budget according to Capital Project Ordinance. Approval of Budget Amendment #99-30 for the Hugh MacRae Nature Trail The Commissioners approved the following budget amendment to transfer $50,000 from the Parks Capital Budget for Ogden Park to the Parks Department Operations for the purpose of continuing work on the Hugh MacRae Nature Trail. The Parks and Recreation Advisory Board adopted a motion requesting that this transfer take place so the nature trail can be in service during this fiscal year. These funds will be used to apply crushed stone to the trail and to remove dead and damaged trees resulting from recent hurricanes. The trees are a safety hazard and must be removed before the trail can be used by the public. The following Budget Amendment was approved: Budget Amendment #99-30 ADJUSTMENTDEBITCREDIT Parks Capital Project Other improvements$50,000 Transfer to Parks Operating Fund$50,000 Parks Operating Fund Transfer in from Fund 315$50,000 Other Improvements$50,000 Purpose: To budget transfer of $50,000 from Parks Capital Project to Parks Operating Budget for the Hugh MacRae Nature Trail Approval of Budget Amendment # 99-29 to Increase the Courthouse Renovation Capital Project The Commissioners approved the following budget amendment to increase the Courthouse Renovation Capital Project budget amount for anticipated costs of seating and blinds approved at the February 15, 1999 Board meeting. ADJUSTMENTDEBITCREDIT Courthouse Renovation Capital Project Transfer in (from General Fund)$87,000 Capital Project Expense$87,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 108 (Budget Amendment #99-29 continued) DebitCredit Commissioners Appropriate Fund Balance $87,000 Non-Departmental Transfer to Capital Projects $87,000 Approval of Budget Amendment #99-0097 to Increase Budget for Anticipated Revenues and Expenditures Related to Hurricane Bonnie The Commissioners approved the following budget amendment: #99-0094 - Hurricane Bonnie ADJUSTMENTDEBITCREDIT FEMA Revenue$200,000 Contracted Services$200,000 Purpose: To increase budget for anticipated revenues and expenditures related to Hurricane Bonnie. Approval of Budget Amendment #99-0106 for Human Services Transportation System The Commissioners approved the following budget amendment: #99-0106 - Human Services Transportation System ADJUSTMENTDEBITCREDIT Contributions-Transportation$165,000 General Public Transportation Funds$ 15,153 Contract Services$165,000 General Public Expenses$ 15,153 Purpose: To increase budget for anticipated revenues and expenditures for February through June, 1999 for Progressive Transportation, and to increase budget for additional General Public transportation funds received. Approval of Budget Amendment #99-0108 for Health/Vector Control The Commissioners approved the following budget amendment: #99-0108 - Health/Vector Control ADJUSTMENTDEBITCREDIT Health Fees $7,100 Capital Outlay - Equipment $7,100 Purpose: To budget additional revenue earned from fee increase for the additional funding needed to purchase a boat, motor and trailer in Vector Control. Approval of Budget Amendment #99-0109 to Budget Additional Title XIX Fee Maximization Reimbursement Funds in the Health Department The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 109 #99-0109 - Health Department ADJUSTMENTDEBITCREDIT Maternal Health: Title XIX Fee Maximization$132,321 Family Planning: Title XIX Fee Maximization$ 19,382 Epidemiology: Departmental Supplies$49,715 Capital Outlay - Equipment$36,863 Maternal Health: Contracted Services$ 2,000 Departmental Supplies$ 1,000 Family Planning: Departmental Supplies$ 5,200 Capital Outlay - Equipment$ 1,000 Child Health: Contracted Services$ 7,200 Departmental Supplies$ 7,600 Capital Outlay - Equipment$ 3,000 Administration: Capital Outlay - Equipment$38,125 Purpose: To budget an additional Title XIX Fee Maximization reimbursement (Medicaid) of $151,703 for additional expenditures as follows: departmental supplies, renovations, furniture, computers for the Medical Records renovation area, transportation services, and interpreter services. Approval of Request From the Carolina Beach Town Council to Reimburse the Town from the Room Occupancy Tax Fund for Beach Erosion Repair Following Hurricane Fran The Commissioners approved a request from the Carolina Beach Town Council for reimbursement of $302,768 from the Room Occupancy Tax Fund for beach erosion repair following Hurricane Fran. The New Hanover County Port, Waterway and Beach Commission at their meeting on February 19, 1999 recommended that the reimbursement be awarded. As of January 31, 1999, the balance in the Room Occupancy Tax fund was over $12 million. ADOPTION OF RESOLUTION TO REQUEST THE STATE TO DEVELOP WATER QUALITY REGULATIONS ON USERS OTHER THAN COASTAL DEVELOPMENT Assistant County Manager, Dave Weaver, reported that over the past several weeks, the Board has received a number of resolutions adopted by other counties requesting the State to place a freeze on certain draft regulations proposed by the Coastal Resources Commission (CRC) until local governments have been consulted and involved with developing the new policies. In concluding his remarks, Assistant County Manager Weaver presented a revised resolution reflecting the changes recommended by the Board at the Thursday morning staff meeting. Chairman Caster noted that several persons were present and would like to speak on the new regulations prepared by the CRC. He spoke on the amount of controversy among the coastal counties about the proposed regulations, and he stressed the importance of hearing from the CRC so the Board can better understand the intent of the proposed regulations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 110 Professor Courtney Hackney expressed appreciation for an opportunity to appear before the Board. He advised that after hearing the amount of misinformation about the proposed regulations, he felt it was important for everyone to understand how the rules are formulated. He reported the CRC rule making process is a lengthy and complex process. A year has been spent in determining that a water quality problem does exist in coastal areas along the North Carolina coast. Water quality continues to degrade rapidly in all coastal counties. If the upstream pollution could be stopped, the coastal counties would continue to have degradation of water quality. Pollution from inland sources is different from pollution created by storm-water runoff, large paved areas, and driveways as a result of development. This rate of growth in coastal counties has made it difficult to control pollution. The proposed regulations have not been determined. It is imperative for everyone to understand that rules will not be adopted to stop new development. There is a need for new development to occur, but the water quality must be protected during the process. The rules are designed to reduce the degradation of water quality. The CRC is looking at storm water run-off options and other sources, including legislative options to better protect water quality. In closing, Professor Hackney requested the Board to keep an open line of communication with the CRC by submitting ideas and suggestions that could assist the Commission in developing ways to limit the amount of pollutants that go into the estuarine waters. The intent of the CRC is to protect the water quality. Discussion followed on the need to involve local governments in the rule making process. Vice-Chairman Greer informed Professor Hackney that coastal county governments have not been involved in the process; therefore, these municipalities and counties are very concerned about regulations that specifically impact their counties with no local input. Professor Hackney commented on number of local government representatives serving as members the CRC, and he suggested that local governments should closely monitor the CRC rule making process. Vice-Chairman Greer expressed concern for the CRC members not being a cross-section of the community. He said the CRC should have some environmentalists on the Commission, but there should be a broader representation from all parties involved to prevent adoption of regulations that lean in one direction. Professor Hackney responded that the CRC was established by the N. C. General Assembly. The local government members may not be elected officials, but they are people who either work for the government or are involved with local government. These representatives perform a good job in advising the Commission on whether a regulation will be accepted by local governments. These members frequently oppose the environmentalists and tend to balance out the decisions. In the past no large controversies have occurred regarding changes in CRC regulations. Commissioner Howell asked if all members of the CRC were appointed by the Governor. Professor Hackney responded that all members are appointed by the Governor. Of those members appointed, three must represent conservation, development, and forestry. Also, the members must have a detailed background in local government. Commissioner Howell expressed concern for all members being appointed by the Governor, who could be an environmentalist or lean toward development. He suggested changing the appointment procedure. Commissioner Birzenieks expressed concern for two issues: (1) the lack input from local governments on the decision making process; and (2) the need to address estuarine pollution from sources across the State. He said the proposed resolution should be helpful to the CRC. Professor Hackney explained that delaying the CRC process was the major concern. If the regulations were adopted today, the rules would not go into effect until 2000 because of the time NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 111 involved with holding Public Hearings. The sciences are known, and to wait another year will allow continued degradation of water quality in estuarine creeks along the coast. Vice-Chairman Greer requested Professor Hackney to comment on whether the water quality in Howe Creek was improving. Professor Hackney responded the water quality in Howe Creek was rapidly decreasing. Vice-Chairman Greer informed Professor Hackney that current studies have shown that the quality of water in Howe Creek was improving. Profession Hackney responded unless sewer is available to development around the creeks in New Hanover County, the water quality will steadily decrease. Chairman Caster stated in some instances where sewer has been provided to development near estuarine creeks, the water quality has not improved. He said it is frustrating to hear that if septic systems are removed, the water quality will improve, and find out later this is not true. Professor Hackney explained that providing sewer to these areas is a major advantage because it allows the local government to control sewer disposal. For example, in some coastal areas, it is not uncommon to find ditches that have been dug by the property owner to dispose of sewer without contacting the local government. Chairman Caster commented on the sense of frustration among elected officials and he stated the Coastal Coalition would not have been established if local governments had been involved in the policy making process. Chairman Caster asked if anyone from the public would like to speak. Mr. Charles D. Dean, Jr., a concerned citizen of New Hanover County, expressed appreciation to the Board for an opportunity to speak. He reported that property rights are the bedrock principles of America, which, in his opinion, are being trampled on everyday in the name of environmentalism. Huge bureaucracies like the Coastal Area Management Authority (CAMA) have grown up and expanded. Mr. Dean’s comments are summarized as follows: Under the flag of environmentalism, the rights and privileges of American citizens are being stripped away routinely by laws and regulations. For example, in the Pacific Northwest, thousands of people lost their jobs and many communities became ghost towns because of environmentalists. This group successfully lobbied for laws to include the rights of a bird to a particular habitat ahead of the rights of people to make an honest living. In the east, another virtually unknown sub-human creature called the Snail Darter was used by environmentalists to delay construction of a hydro-electric plant badly needed by thousands of people without electricity in the Tennessee Valley. Closer to home, there is a particular kind of woodpecker which has been accorded the sacred status of a so-called endangered species. In a very clever way, the extremists of the environmental movement, successfully restricted the rights of property owners from harvesting their own timber because of that bird. In our area, there is a new endangered species called the grass wart. It has recently retarded development of privately owned land in New Hanover County regulated by CAMA and its governing body, the Coastal Resources Commission. By appearing before the Board, he did so at great risk because this could impact the development of a large riverfront marina for which he had spent three years and $50,000 for a major CAMA permit. He noted that Mr. Bob Stroud and other local and State CAMA officials had been most helpful during the permitting process, but he stated the institutional arrogance, indifference, and obstructionism of CAMA and the CRC must be stopped. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 112 It is no secret that CAMA and the CRC have butted heads with the State legislature, and there has been talk about abolishing the whole organization. This would not be a good idea because there is an appropriate role for CAMA and the CRC in promoting good stewardship for our environment as long as it is done with the private sector in mind. However, given the past track record, the worst thing that could happen to property rights of North Carolina citizens is to expand the authority of CAMA and the CRC. In closing, Mr. Dean expressed appreciation to the Board for proposing a resolution that will require more input from the local governments, which brings common sense government to New Hanover County. Wilmington City Councilman Harper Peterson, a resident of 212 Orange Street, noted that it was time for environmentalists, developers, and property owners to work together to protect water quality. He spoke on being pleased that the CRC has finally amended and upgraded regulations that are long overdue. New Hanover County is unique in that it is one of the most urban counties in the State of North Carolina with an alarming rate of growth for its size. This growth has created water problems for the area. Councilman Peterson stated as a member of the Lower Cape Fear River Basin Program, on which Chairman Caster serves, he knows there are water quality problems. This group is trying to find ways to solve these problems. All of the creeks in New Hanover County, Howe Creek, Hewlett Creek, Whiskey Creek, Pages Creek, and Futch Creek are experiencing water quality problems from impervious surface runoff and drainage created by development. The results of the Pages Creek Study performed by New Hanover County showed that $40,000,000 will be needed to correct pollution problems in that creek. Councilman Peterson stated as a member of the Comprehensive Planning Committee, on which Commissioner Birzenieks serves, the natural resources that are endangered have been identified. In order to address these problems, we must begin to focus on how to allow development to occur in New Hanover County. Too much impervious surface and runoff create pollution. Positive steps are being taken by the County with the Tidal Creeks Water Study and by the City with the undertaking of a stormwater utility program. Councilman Peterson advised that the CRC has recognized the need to involve local governments in the policy making process. The CRC is trying to meet with coastal counties and form a partnership to develop regulations that will better protect water quality and allow for new development. To adopt a resolution that will delay this action will allow the degradation of water quality to continue. Time is of essence for New Hanover County. Councilman Peterson urged the Board to table the proposed resolution and bring back a revised resolution that will address immediate needs facing New Hanover County, including working with neighboring counties upstream to find ways to control pollutants and improve water quality. Vice-Chairman Greer noted that all parties involved want to protect the environment and improve water quality. He explained to Councilman Peterson that the local governments who had submitted resolutions were opposed to the State government changing rules without receiving any input from the local governments who will be impacted by the new regulations. Mr. Johnny Baker, an employee with a testing laboratory who has observed thousands of water samples annually for the past 20 years, stated the installation of the county sewer system in the Wrightsville Beach area had improved water quality. To say that anybody was an anti- environmentalist because they want to live on the water or use it for recreational purposes is unbelievable. Most residents moved to New Hanover County because of its natural resources, and a majority of residents understand the importance of protecting water quality. The integrity and intentions of the CRC are not being questioned; however, to hold a Public Hearing a week ago on the proposed regulations is a little late. The proposed CRC regulations will require an additional restriction for new construction. There are very few lots on Airlie Road that are 100 feet deep. If a 25 foot vegetative buffer is required with a 50 foot restriction on new development with a 35 foot setback, you are minus 5 feet. What type of building can be placed on a site of this size. The current NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 113 property tax base of commercial property on Airlie Road exceeds $15,000,000. Many of the property owners have paid taxes for years and they will not be happy giving their property back to nature. With these facts in mind, the CRC should concentrate on how proposed regulations will impact property owners. Involving the citizens would allow for a compromise that will satisfy all entities. Mr. Baker requested the Board of County Commissioners to go on record opposing the proposed regulations that were distributed by the CRC a week ago. Vice-Chairman Greer recommended the following changes to the revised resolution: prepared toproposed (1)Change the word in the first sentence of the first paragraph. is to in (2)Change the word the second sentence of the third paragraph. Whereas, the North Carolina Association (3)Change the sixth paragraph to read as follows: of County Commissioners has voted in 1999 to oppose proposed CRC regulations until local governments are consulted; with (5)Add the word to the last sentence in the seventh paragraph. Motion: After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt the changes to the resolution requesting the State to delay further action on the proposed new estuarine shoreline regulations proposed by the CRC until the State firmly commits to equally addressing estuarine pollution across the State and works more closely with local governments in developing new regulations. 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 XXV, Page 7. Chairman Caster, on behalf of the Board, expressed appreciation to Professor Hackney for taking time to appear before the Board and explain the decision making process of the CRC. ADOPTION OF RESOLUTION SUPPORTING THE CONSOLIDATION OF THE NEW HANOVER COUNTY AND CITY OF WILMINGTON GOVERNMENTS Chairman Caster reported that he and Councilman Harper Peterson had been attending meetings with a neighborhood group to consider requesting the City Council and Board of County Commissioners to develop a plan to consolidate the City and County governments. A major item of discussion at the meetings was the importance of involving the public in the entire process. After discussing this matter with officials at the University of North Carolina at Wilmington, the University has agreed to host a Public Forum on April 1, 1999, at 9:00 a.m. in the Warwick Center to allow the community to comment on the consolidation issue. He encouraged the public to attend the forum so the elected officials can hear comments from the citizens. Chairman Caster requested Mr. Jim Medlin, the Chairperson of the group, to comment. Mr. Jim Medlin, a resident of 4814 College Acres Drive, expressed appreciation to the Board for allowing him an opportunity to discuss consolidation. He commented on the need to provide a more efficient and effective government, and he urged the Commissioners to adopt a resolution supporting consolidation and requesting the City Council to adopt a concurrent resolution to establish a governmental study commission to develop a plan for combining the two governments into a single government. Vice-Chairman Greer stressed the importance of everyone understanding that concurrent resolutions will have to approved by the City Council and Board of County Commissioners before a referendum can be held on the consolidation issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 114 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a resolution supporting the consolidation of New Hanover County and the City of Wilmington into one single government and to request the Wilmington City Council to adopt a concurrent resolution to establish a governmental study commission to prepare a plan and draft a charter for the consolidated government. Chairman Caster noted that if the City Council and Board of County Commissioners decide to consolidate, a referendum will be held in the fall of 2000, which will allow plenty of time for the study commission to prepare a plan and charter for a consolidated government. 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 XXV, Page 7. APPROVAL OF ADDITIONAL FUNDING TO THE NEW HANOVER COUNTY PORT, WATERWAY AND BEACH COMMISSION Chairman Caster requested the Board to consider additional funding in the amount of $5,000 for the Port, Waterway and Beach Commission to further its lobbying activities in obtaining funds from the North Carolina Legislature and U. S. Congress for New Hanover County projects. The Commission currently receives $1,350 from the New Hanover County General Fund. The additional funding is needed to cover costs involved with trips to Raleigh, N. C. and Washington, D. C. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve additional funding in the amount of $5,000 to the Port, Waterway and Beach Commission and to approve the following budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #99-0110 ADJUSTMENTDEBITCREDIT Non-Departmental: Contingencies$5,000 Outside Agencies/Physical and Economic Development: Port, Waterway & Beach Commission$5,000 CONSIDERATION OF REQUESTING THE N. C. DEPARTMENT OF TRANSPORTATION TO REDUCE THE SPEED LIMIT ON AIRLIE ROAD Assistant County Manager, Dave Weaver, reported that Dr. Bruce Williams, Director of the Cooperative Extension Service and Airlie Gardens, has requested the Board to investigate a reduction of the 45 mph speed limit on Airlie Road because of increased traffic with the opening of Airlie Gardens. Vice-Chairman Greer commented on the natural beauty of Airlie Road and stated he could not support placing speed bumps, ornamental posts, or narrowing this road. He said that he was not opposed to safety, but he did not want to change the character of a historic road. Commissioner Birzenieks spoke in favor of reducing the speed limit and he suggested allowing the City of Wilmington and N. C. Department of Transportation to decide if the speed limit should be reduced. Ms. Marty Bellamy, a resident of Bradley Creek Road and a member of the Friends of Airlie, said there is concern about traffic at the entrance and exit of Airlie Gardens because of the passing zone located in this area. With the opening of Airlie Gardens, fast moving traffic in this area would be extremely dangerous. In the past, petitions have been circulated to request the Department of Transportation to lower the speed limit to 35 mph because young people speed down the road to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 115 Wrightsville Beach during the summer months. She requested the Board to consider reducing the speed limit. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to request the N. C. Department of Transportation and City of Wilmington to review the speed limit on Airlie Road and to determine if the speed should be reduced. Upon vote, the MOTION CARRIED UNANIMOUSLY. REJECTION OF BID RECEIVED AT THE AUCTION HELD TO SELL TWO ACRES OF COUNTY OWNED PROPERTY OFF MILITARY CUT-OFF ROAD Chairman Caster reported that an auction was held on February 22, 1999 to sell two acres of land off Military Cutoff Road owned by New Hanover County. The following bidders presented proposals. The highest bid received was from Frank Incerto in the amount of $350,000. The in-house appraisal conducted by the New Hanover County Tax Department valued the land at $400,000. Earl M. Worsley, Jr., Worsley Real Estate Company Jon T. Vincent, Gulf, Worsley & Cooper Properties, LLC Davis Swain, Swain & Associates Frank Incerto, Frank Incerto Real Estate The following options are available to the Board: (1) Reject the bid received and authorize Staff to return the 5% bid deposit to Frank Incerto and re-advertise the sale of the property with hopes that a higher price will be offered. (2)Accept the bid with the sale being contingent on the following items: A.The sale is contingent upon conducting a Phase I Environmental Study. B.The State CAMA Office or Corps of Engineers will be required to conduct a wetland evaluation. C.The soil boring must be completed. D.All costs for testing detailed in 2.a, 2.b, or 2.c must be borne by the bidder. E.The closing for the sale will be scheduled on April 8, 1999. F.The County must provide the book and page number of the Registry containing the survey. Deputy County Manager Atkinson reported that Mr. Incerto was present and would like to speak. Mr. Frank Incerto, the high bidder, reported the asking price was $400,000; however, only $200,000 was offered until he offered $350,000. He requested the Board to allow the standard rules of auctions to prevail with establishment of minimums and maximums because many persons are involved in the process. Mr. Incerto advised the Board that he felt the land was worth $300,000 to $400,000. Chairman Caster informed Mr. Incerto that initially, the County was informed the property could be sold for $500,000. Since there is a need to raise money for completion of the Northeast Branch Library, he would like to receive more money for the property. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reject the bid, return the 5% bid deposit to Frank Incerto, and direct Staff to re-advertise the bid for sale of the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. Deputy County Manager Atkinson advised that during the auction process, Staff could not respond NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 116 to questions dealing with wetlands, the Phase I Environmental Study and soil borings. He requested the Board to consider allowing Staff to have these studies performed so the results of the tests can be shown to the bidders. Commissioner Howell said the buyer should pay for the studies. Deputy County Manager Atkinson responded this could be done as a contingency in the bidding process. SPECIAL USE PERMIT SUBMITTED BY JOHN M. COBLE FOR EXPANSION OF THE TRAILS END RESTAURANT REMANDED BACK TO THE PLANNING BOARD County Attorney Copley advised that Staff Planner Pete Avery would like to comment on the John M. Coble petition. Staff Planner Avery advised that a request has been received from Lonnie B. Williams, Jr., the attorney representing John M. Coble, to remand the request back to the Planning Board. He explained that the site plan has been modified; however, it would not be necessary for the petition to be remanded back to the Planning Board. He suggested postponing the hearing until the next regular meeting of the Board of County Commissioners. Commissioner Howell asked if it was legal for the Planning Board to rehear the petition. Assistant County Attorney, Kemp Burpeau, reported on discussing this matter with Attorney Williams and Attorney Lennon, and he stated the plan has been modified. It is the desire of Mr. Coble to meet with adjacent property owners to see if the modified plan is acceptable. The Board of County Commissioners can either remand the petition back to the Planning Board for a rehearing or continue the item to the next meeting. In any event, Mr. Coble does not want the petition to be withdrawn because of the time involved with rescheduling the hearing before the Board of County Commissioners. Motion: After discussion, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remand the petition back to the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS Announcement of Future Meetings Chairman Caster announced the following meetings will be held: Joint Meeting with New Hanover County Airport Authority Airport Conference Room March 10, 1999 - 7:30 A.M. Joint Meeting with the Medical Center Board of Trustees 10th Floor Classroom, New Hanover Regional Medical Center March 16, 1999 - 7:00 A.M. Special Meeting on Wetlands Room 501, New Hanover County Administration Building March 18, 1999 - 10:00 a.m. BREAK Chairman Caster called a break from 7:45 p.m. until 8:05 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY NAOMI YOPP TO REZONE 39.9 ACRES AT 8605 MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL. (Z- 644, 12/98) Chairman Caster opened the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 117 Planning Director Dexter Hayes reported that the Planning Board voted unanimously to recommend denial of the applicant’s request. The Planning Board agreed with Staff’s position that rezoning the site would be premature in light of the N. C. Department of Transportation’s negotiations to buy the property for road construction in conjunction with the Wilmington By-pass. The Planning Board agreed with Staff and also felt the property was located too far from the more established commercial node already in place at Porters Neck Road to the south. There was no opposition at the Planning Board meeting. Chairman Caster asked if the petitioner would like to comment. Mr. Steve Warwick, representing the petitioner Ms. Naomi Yopp, commented on the growth in the northern part of the County and he stated the site was located directly across the street from other commercial zoning in the area. The tract has over 1,200 frontage feet on Market Street which is enough space to perform a quality development. In conversations with the N. C. Department of Transportation (NCDOT), the agency is looking at the property for an interchange; however, there is no way to determine the time that will be involved with the NCDOT making a decision. The real estate company is trying to sell the property, and the land is well suited for commercial development. Chairman Caster asked if there was a designated time frame for the purchase of the property by the NCDOT. Planning Director Hayes stated that NCDOT was in the process of purchasing the right-of- way properties based on the design. Ms. Naomi Yopp, the petitioner, requested the Board to rezone the property for commercial use so the tract can be sold to provide money to repair her property at Wrightsville Beach. Ms. Alice Hardee, representing Ms. Yopp, requested the Board to write the local Department of Transportation to see if a time frame has been set for purchasing Ms. Yopp’s property Commissioner Howell asked if the Board could encourage the Department of Transportation to expedite the process. Planning Director Hayes stated the right-of-way purchases should be completed by the end of the year. Chairman Caster asked if any other persons present would like to comment. There being no other comments, Chairman Caster closed the Public Hearing. Motion:DENY Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to the rezoning request as recommended by the Planning Board since the N. C. Department of Transportation is currently in negotiations to purchase the site for road construction in conjunction with the Wilmington By-pass and to authorize the Chairman to write a letter to the N. C. Department of Transportation encouraging the agency to expedite the process or at least provide a date to Ms. Yopp as to when the property will be purchased. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST FROM ROGER JOHNSON TO REVISE THE APPROVED SITE PLAN FOR JOHNSON MARINE TO PERMIT THE EXTENSION AND EXPANSION OF BOAT STORAGE ON ADJACENT PROPERTIES AND TO REAFFIRM THE ORIGINAL SPECIAL USE PERMIT APPROVED IN 1973 (S-72, 10/73: REVISION 10/98) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 118 The following persons were sworn in: Dexter Hayes Austin Hatcher, Jr. John Hooton Susan McDaniel George Rountree, III Buck O’Shields Kenneth Shanklin Cindee Wolf Planning Director, Dexter Hayes, reported that the Planning Board voted unanimously to recommend approval of the petitioner’s request to reaffirm the original Special Use Permit granted in 1972 and to permit the expansion of boat storage onto adjacent property north of Turner Nursery Road. The Planning Board did make the following changes: (1) incorporation of a Memorandum of Understanding between the petitioner and area residents concerning the conditions under which the marina would operate; (2) require no operational time limits for the boat ramp; (3) deny the request for a perpetually barred dry-stack boat storage; and (4) require the petitioner to erect all fencing on the property to comply with site visibility at intersections along adjacent roads. Most of the public comments at the Planning Board meeting favored the petition because the Memorandum of Understanding was satisfactory to adjacent property owners. A few speakers felt the restrictions on the ramp were too stringent and argued they should be lifted. In support, the Planning Board was presented statistics on the number of boats registered in New Hanover County, noting that the demand for access to the water continues to grow. Attorney Kenneth Shanklin, representing the applicant, reported the Memorandum of Understanding had been modified to better satisfy the neighboring properties. He advised that Attorney Susan McDaniel would explain the changes in the site plan. The site plan is based on an addendum to the Memorandum of Understanding. A part of the agreement states that if the Board decides to add or delete restrictions, the hearing will be postponed for 30 days. Attorney Susan McDaniel, representing the applicant Roger Johnson, presented a revised site plan and the following changes to the Memorandum of Understanding: Paragraph 3.a shall be deleted and the following language shall be substituted: Fencing: Fencing as shown on the site plan along Turner Nursery Road shall be erected within 60 days of approval of the Special Use Permit by the New Hanover County Board of Commissioners. The remainder of the fencing shown on the site plan shall be erected within 90 days of approval of the Special Use Permit by the New Hanover County Board of Commissioners. All fencing shall be of similar quality and appearance as the existing fence on the Virginia Reich property bordering the 18 foot wide easement, and the fencing shall be maintained by Johnson Marine. Shrubbery shall be planted and maintained in accordance with the site plan. Planting shall commence within 30 days after erection of the required fencing, and shall be completed no later than October 1, 1999. Paragraph 3.a (1) shall be deleted and the following language shall be substituted: Fencing Along the Private Road into Johnson Marine from Turner Nursery Road: Johnson Marine shall erect an 8 foot high fence along the southern right-of-way line of the private road shown on the site plan, commencing at the entrance/exit sign at the intersection of said private road with Turner Nursery Road to a point approximately 50 feet southeast of the entrance/exit sign. Paragraph 3.c shall be deleted and the following language shall be substituted: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 119 Future Expansion: Johnson Marine will not construct dry stack storage facilities on the Special Use Permit area referenced in the application and shown on the site plan until January 1, 2010. Johnson Marine will not use the property on the south side of Turner Nursery Road for commercial use, specifically including customer parking or boat storage, until January 1, 2010. Nothing in this agreement shall be construed as an agreement on the part of the neighbors to refrain from objecting to any future proposal for dry stack storage. Paragraph 3.g shall be deleted and the following language shall be substituted: Launch Ramp Area: A sign shall be posted at the launch ramp area as shown on the site plan. The hours of operation of the launch ramp shall be between 5:00 a.m. and 11:00 p.m., except for emergencies. In closing, Attorney McDaniel reported that Mr. Austin Hatcher, a licensed real estate broker, would provide testimony regarding the proposed use not substantially injuring the value of adjoining properties. Mr. Austin Hatcher reported he has been a licensed broker in the State of North Carolina since 1990 and a registered certified appraiser in the State of North Carolina since 1991. After reviewing the prices of homes sold near Johnson Marine, he found that properties have greatly increased in value. Johnson Marine has been in operation for 30 years and there is no indication that any surrounding properties have suffered a loss in value. Based on his expert opinion, the proposed site plan will greatly improve the aesthetics at Johnson Marine and the issuance of the Special Use Permit will not substantially injure the value of adjoining or abutting properties. Attorney Shanklin presented pictures of the signs to be placed at Johnson Marine. He informed the Board that the application and site plan did meet the four general requirements as outlined in the special use process. Attorney George Rountree, III, representing adjacent property owners, Joe Johnson, Sr., Julian Walker, and Virginia and Tom Reich, stated his clients signed the addendum to the Memorandum of Understanding this afternoon contingent upon having an opportunity to review any modifications made by the Board of County Commissioners. Attorney Rountree informed the Board that his clients feel the evidence presented is accurate and sufficient, and he stressed the importance of the site plan reflecting the exact location of the fencing and submission of this location to the Planning Department within 10 days as outlined by Attorney Shanklin. He requested the Board to grant the Special Use Permit. In concluding his remarks, Attorney Rountree expressed appreciation to Attorney Shanklin and Attorney McDaniel for the cooperative efforts given to draw up an agreement that satisfied the neighbors. Mr. Buck O’Shields expressed appreciation to the Board for an opportunity to speak at the Public Hearing. He commended both parties for working out an satisfactory agreement with the adjacent neighbors. He said as a member of the general public and a boat owner, he feels a number of issues should be presented. (1)The Special Use Permit is for expansion of Johnson Marine, which provides access to the public waters. There are only five public access marinas. When reviewing the information from the Planning Board, approximately one out of every twelve persons in New Hanover County owns a boat. It is important to understand the meaning of Johnson Marine to the boating public of this area. Also, this facility is a public necessity and it should be encouraged to grow. (2)To limit the hours of operation is of concern. Fisherman who do not know about the proposed time constraints could use the marina late at night. Having law enforcement officials to respond during early morning hours could become a nuisance for surrounding neighbors. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 120 (3)To prohibit the dry-stack storage until January 1, 2010, is not an advantage to the citizens of the county with the current shortage of storage space. In closing, Mr. O’Shields said limiting the hours of operation could become an enforcement problem for law enforcement officials as well as the neighborhood. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based on the following findings: A. No additional water and sewer service would be needed to accommodate the expanded boat storage. Existing systems would be utilized to service buildings and operations approved by the original permit. B. The site is located in the Ogden Volunteer Fire Department District. C.The site has access to Turner Nursery Road, labeled as Waters Road on the site map. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Commercial marinas and appurtenant uses are permitted by Special Use Permit in the R-20S Zoning District. The property is zoned R-20S. When the original Special Use Permit was granted, the site was zoned R-20 B. The applicant seeks to expand the scope of the original permit to accommodate boat storage that is currently taking place on two adjacent properties. Boat storage is a permitted activity under a legally issued special use permit for a commercial marina. C.Although retail uses are permitted, the applicant proposes no expansion of those services. D.A buffer yard consisting of plantings and a 6 foot high solid fence is proposed to screen the boat storage from view of adjacent property owners. E. Night lighting is permitted provided it does not shine onto adjacent properties. No detail on lighting plans is provided. FParking is required at a ratio of one space per boat slip and one space per two dry storage facilities. Existing parking is adequate and the existing storage is open-air. It is not housed in any building. G.A site plan as required has been submitted. 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 on the following findings: A.The existing facility, excluding the storage of boats that has spilled over onto adjacent properties and the small repair shop, predates zoning for the area and even predates some of the homes in the area. No evidence has been presented to indicate that the facility as operated has negatively impacted property values, however, permitting uncontrolled expansion could impact values, especially if the expansion does not take into account the land use pattern of the area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 121 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 for New Hanover County based upon the following findings: A. There are several commercial marinas located in the County in the midst of residentially zoned areas. The existing facility predates zoning and has been in continuous use since the 1960's. It was granted a Special Use Permit in 1973, which essentially validated the operation. Chairman Caster asked if the applicant concurs with the findings of fact. Attorney Shanklin stated the applicant agreed with the findings as presented. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the Addendum to Special Use Permit S-72 as outlined in the Memorandum of Understanding for Johnson Marina to expand the boat storage on adjacent properties based upon the evidence presented and findings concluding that the use will 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 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 the revised Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 25. Chairman Caster, on behalf of the Board, expressed appreciation to the applicant, attorneys, and neighbors for working together to work out a satisfactory agreement. BREAK Chairman Caster called a break from 9:00 p.m. until 9:05 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY JON VINCENT TO REZONE A .84 ACRE AT LOT 4, MYRTLE GROVE BUSINESS PARK IN THE 5600 BLOCK OF CAROLINA BEACH ROAD TO CONDITIONAL USE B-2 BUSINESS FOR OFFICE/WAREHOUSE FROM OFFICE AND INSTITUTION. (Z-648, 2/99) Chairman Caster opened the Public Hearing and announced that the conditional use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jon Vincent Barbara Dinkins Planning Director, Dexter Hayes, reported that after considering the details of the applicant’s plan, public comments concerning access to Lobos Lane, and the general land use pattern in the area, the Planning Board voted unanimously to recommend approval of the Conditional District B-2 Use with the condition that no access be provided to Lobos Lane. Public comments received at the meeting focused on the use of Lobos Lane by non-residential traffic and the impact of the planned facility on an adjacent residential structure. Staff advised the Planning Board to recommend B-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 122 Zoning, noting the need for conditional use zoning had diminished based on surrounding land uses. Planing Director Hayes presented the following Staff findings: The Board must find that the use will not materially endanger the public health or safety 1. if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site has water and sewer. B.The site is located in the Myrtle Grove Business park with access to Carolina Beach Road. C.The site is located in the Myrtle Grove Volunteer Fire Department District. The Board must find that the use meets all required conditions and specifications of the 2. Zoning Ordinance based upon the following findings: A.A site plan pursuant to the Zoning ordinance has been submitted. B.Required setbacks, buffer yards and other design requirements have been substantially met. The Board must find that the use will not substantially injure the value of adjoining or 3. abutting property or that the use is a public necessity based on the following findings: A.The site is located very near an existing residence which is used in part as a hair salon. B.The site is already zoned O-I and B-2 permitting a wide range of development non-residential opportunities. The Board must find that the location and character of the use if developed according to 4. 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 based upon the following findings: A.The site is located in an approved business park. One lot of the park is occupied by a veterinary clinic. Land to the north is zoned B-2 Business and Office and Institution and developed with a wide variety of commercial uses. Land across the highway is similarly zoned and developed. Chairman Caster asked if the petitioner would like to comment. Mr. Jon Vincent, the petitioner, presented a map and site plan of the property and he requested the Board to rezone the property from Office and Institution to Conditional Use B-2 Business for an office/warehouse facility. The building will be designed to appear as three office units instead of a warehouse. The structure will blend well with surrounding properties, and a 6 foot fence will be constructed down the property line and in the back of the site next to Ms. Horne’s property. He requested the Board to approve the Special Use Permit. Chairman Caster asked Mr. Vincent if he agreed with the findings of fact as presented. Mr. Vincent concurred with the findings of fact. Chairman Caster asked if any other persons sworn-in would like to testify. Ms. Barbara Dinkins, a resident of 1017 Rosa Parks Lane, spoke in opposition to the rezoning because her son would be living next to the proposed office/warehouse structure. She requested Mr. Vincent to explain the site plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 123 Mr. Vincent showed Ms. Dinkins the site plan and he explained how the buildings would be located on the property. He noted that a fence would be placed in front of the property to protect adjacent properties. Ms. Dinkins expressed concern for noise and lighting, but stated after seeing the design of the plan, she felt more comfortable with the proposal. There being no other comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to rezone the .84 acre located at Lot 4, Myrtle Grove Business Park in the 5600 block of Carolina Beach Road to Conditional Use B-2 Business Zoning for the location of a office/warehouse structure on the site. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING ZONING AREA NO.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 53. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a Special Use Permit to Jon Vincent for an office/warehouse complex based upon the evidence presented and findings 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 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 the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 25. BREAK Chairman Caster called a break from 9:10 p.m. until 9:35 p.m. PUBLIC HEARING TO CONSIDER REQUEST BY SANCO OF WILMINGTON SERVICE CORPORATION TO APPEAL THE DECISION BY THE TECHNICAL REVIEW COMMITTEE (TRC) DENYING APPROVAL OF GRAND BAY AT BEAU RIVAGE FOR 78 UNITS Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that SANCO of Wilmington Service Corporation was appealing the decision by the Planning Board’s Technical Review Committee (TRC) denying approval of the Grand Bay at Beau Rivage project for 78 units. Grand Bay is located on the west side of River Road, south of Sanders Road across from Beau Rivage. The TRC’s decision to deny the project was based on site alteration of the natural topography (100 year flood line) in order to achieve a great cluster density of 2.5 units per acre. Planning Director Hayes presented the following chronological history on the Beau Rivage project: 5/22/86 :The Beau Rivage Plantation Performance Residential site plan was approved by the County for 1,153 lots/units. The zoning district is R-15 Residential. Net buildable acreage of 461 acres includes Tracts 2, 3, and 4 on the west side of River Road. To date, approximately 287 final lots have been approved in Beau Rivage by the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 124 11/12/97: The Turtle Cay project at Beau Rivage was approved by the Planning Board’s Technical Review Committee for 72 units. Turtle Cay is located on the west side of River Road on a portion of Tract 3. Concern was expressed by the TRC and CAMA regarding inconsistencies in the adopted Land Use Policies. 1/14/98: The South Amsbury project at Beau Rivage was approved by the Planning Board’s Technical Review Committee for 57 units. South Amsbury is located on the west side of River Road on a portion of Tract 3 and the Elliott’s Place development. Again, concern was expressed by the TRC regarding inconsistences in the County’s adopted Land Use Policies, specifically the modification of the natural 100 year flood line in an effort to obtain a cluster density greater than 2.5 units per acre. 4/22/98: The Grand Bay project at Beau Rivage was reviewed and tabled by the TRC based on Land Use Plan inconsistencies. The proposed project is located on the west side of River Road across from Cathay Road and encompasses Tract 2. 5/13/98: The Planning Board’s Technical Review Committee denied approval of the Grand Bay project at Beau Rivage for 78 units. Denial of the project by the TRC was based on the modification of the site’s natural topography and the 100 year flood line displayed as Conservation in the County’s Land Use Plan in order to obtain a cluster density greater than 2.5 units per acre. Based on the County’s adopted 1993 Land Use Plan, areas designated as Conservation generally include all marshes and adjacent lands within the 100 year floodplain. The intent of the conservation designation is to provide for long-term management and protection of significant, limited, or irreplaceable natural resources. Exceptional developments preserving natural features are permitted; however, the residential density should never exceed 2.5 units per acre. Alternatives were suggested by the TRC. One suggestion was to modify the Grand Bay project to reflect a total of 50 units. This redesign would more accurately reflect other marsh and waterfront development throughout the County in accordance with current Land Use Policies. Planning Director Hayes stated the Board of County Commissioners can consider the following options: ? Confirm the decision made by the Planning Board’s Technical Review Committee. The developer would be free to resubmit a revised plan to the TRC for approval. ? Modify the plan consistent with the rules and regulations of New Hanover County. Planning Directors Hayes noted that the TRC had a problem with the allocation of additional density in the Grand Bay project since the area is classified as conservation under the County’s Land Use Plan. The location of the conservation classification was originally mapped according to the floodplain boundaries in the existing Land Use Plan. The floodplain boundaries on the original map show a 10 foot elevation, which allows density of 2.5 units per acre. The applicant’s proposed plan shows an alteration of the natural topography (100 year flood line). Planning Director Hayes presented a map showing the topography of the site reflecting the 10 foot contour. Commissioner Davis asked if SANCO did anything improper by changing the topography. Planning Director Hayes responded that changing the topography was not improper; however, a problem occurs when a developer tries to capture additional density beyond the original property conservation classification of 2.5 units per acre. Commissioner Davis stated as he understands the issue, the project originally started out being classified as conservation with a maximum density of 2.5 units per acre. Regardless of what NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 125 is done to the topography, it will still remain within the conservation classification which cannot exceed 2.5 units per acre according to Land Use Policies. Planning Director Hayes said the statement made by Commissioner Davis was correct. Vice-Chairman Greer stated if a person owns a 10 acre tract of property zoned R-15 Residential, how many units could be built on the property. Planning Director Hayes responded 25 units. Vice-Chairman Greer stated if the 10 acre tract contains a pond the size of 2 acres, how many units could be placed on the property. Planning Director Hayes responded if the pond was preserved in its natural state, the property owner would still be able to build 25 units. Vice-Chairman Greer requested Planing Director Hayes to explain the difference in density. Planning Director Hayes explained that the Grand Bay project was just one section of the entire Beau Rivage project. The basic issue is that the property has been classified conservation, which cannot exceed 2.5 units per acre. Discussion followed on the boundary lines on the map showing where the site’s natural topography was altered to obtain a greater density of 2.5 units per acre. Planning Director Hayes said the topography could be altered, but under the conservation classification, the units cannot exceed 2.5 units per acre. Vice-Chairman Greer noted that if the parking lots had been switched, the project would be allowed under existing rules and regulations. Planning Director Hayes referenced Section 51.5 of the Zoning Ordinance, which states under Performance Residential, the residential units shall not be clustered at a density greater than 2.5 units per acre in areas classified conservation, rural and resource protection. Commissioner Davis commented on the chronological history of the Beau Rivage project and he noted there were inconsistencies to Land Use Policies referenced by the TRC when the Turtle Cay and South Amsbury projects were approved. He requested an explanation of why the TRC approved the projects. Planning Director Hayes responded the TRC approved both projects even though they were not satisfied with a few inconsistences to the Land Use Plan. Under the Grand Bay project, the inconsistences are more flagrant. Attorney Gary Shipman, representing the petitioner, reported the issue before the Board of County Commissioners is much larger than the Grand Bay project. The issue is whether or not rules are rules, or whether we are going to make up rules as we go along and impose requirements upon the developer that the Planning Staff wishes were there, but were not in place at the time the Grand Bay project was submitted. This project meets all technical requirements of the applicable ordinances that were in existence at the time the application was submitted. The plan does nothing more than permit SANCO to develop this property in accordance with the ordinances and the Land Use Plan that is in effect today. The Planning Staff has proposed changes to the Land Use Plan to meet the situation. Those changes do not exist today. The Planning Staff is attempting to superimpose a requirement on this plan that does not exist. This property is a Performance Residential part of Beau Rivage. Plans for this particular project were approved in 1986 with 1,153 total units. With the understanding that the property in was a Performance Residential part of Beau Rivage, Mr. Nathan Sanders purchased the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 126 Attorney Shipman informed the Board that the proposed plan calls for a total of 78 units on a 20 acre site. He presented an artist rendering showing where the units will be located, the topography and the landscaping of the adjacent site. Attorney Shipman stated that Staff’s comments in the media and the presentation to the Board seem to suggest that the development will be constructed along the Cape Fear River, when in fact, the area in which the units are to be constructed only constitutes 3.42 acres of the entire 20 acre site. When reviewing the comments by Staff, you would think we are dealing with an area of environmental concern within the jurisdiction of the state and federal governments as well as destroying sensitive shellfish and nursery areas. As indicated by the Planning Director, the site is an upland sandy site. A detailed stormwater runoff plan will have to be approved by state and federal agencies. No negative comments have been received from these agencies. Attorney Shipman noted that if the parking areas had been switched on the river side, the project would not be eligible for approval. He said under the proposed plan the aesthetics of the project will be maintained and the natural resources will be protected. The proposed project does meet all requirements outlined in the Land Use Plan and County Ordinances. Chairman Caster requested Attorney Shipman to explain why switching the parking areas became a problem. Attorney Shipman responded that switching the parking areas would result in the units being constructed in a conservation area. He stated when the application was submitted, there were two previous projects, Turtle Cay and South Amsbury, and no one questioned the integrity of the projects. These projects were approved under the same rules relative to the Grand Bay project. Now the rules are going change. In March 1998, the Planning Staff submitted to the Planning Board and the TRC a proposed text amendment entitled, “Clarification of the Density Calculation in Areas Classified Conservation in the Land Use Plan.” There were serious implications to the proposed text amendment and it was tabled by the Planning Board. The Planning Staff has requested the Board of County Commissioners to review the Grand Bay project as if the text amendment had been approved. The text amendment does not yet exist and the Grand Bay project meets all the technical requirements of ordinances in effect at this time. Attorney Shipman stated in order to find out if the property was located within the 100 year floodplain, Hanover Design Services, P.A. was contacted to make an on-site survey. The results of the survey concluded that the area where the units will be constructed are not located in the 100 year floodplain. The site modifications were made prior to the plan submitted by SANCO, but there are no regulations in the Land Use Plan or County Ordinances that prohibit site modifications in any area, including the conservation zone. There is no evidence before the Board of County Commissioners or before the TRC that the area where these units are to be constructed was ever in the floodplain. The project meets the technical requirements of the ordinances, is consistent with the Land Use Plan, and does not threaten any natural resources. Attorney Shipman advised that SANCO followed the rules and has a project featured in Southern Living as well as another development of historical homes on the Cape Fear River. SANCO is a quality developer; therefore, this company has the right to expect the County to follow its own rules. He requested the Board to approve the plan as submitted because the current ordinances and Land Use Plan have been followed. Commissioner Davis said if the construction site is more than 10 feet high, the area cannot be in a conservation area. He requested the Planning Director to step forward to review the map, and he asked if the site where the units are to be constructed is higher than 10 feet. Planning Director Hayes stated after the site was filled in with sand, the area was higher than 10 feet. He requested Commissioner Davis to review the natural topography map which shows how the site was altered to achieve a greater density in a conservation area. Attorney Shipman advised the Board that no member of the Planning Staff could tell the Commissioners what the natural topographic features of the area were at any given time. There are NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 127 too many inconsistencies on the maps. The only way to make this determination is an on-site survey, which has been performed by Hanover Designs and proves that the area is more than 10 feet high which cannot be classified as a conservation area. Chairman Caster asked who defines the conservation classification. Planning Director Hayes replied the Board of County Commissioners. Attorney Shipman said the Land Use Plan defines adjacent land within the 100 year floodplain classified as conservation. There is no regulation in place that says the determination must be based upon the site in its natural state. Commissioner Davis asked who established the 10 foot height of the floodplain. Attorney Shipman responded he though this determination was made by FEMA. Planning Director Hayes presented a map showing the conservation area, and he explained when preparing the Land Use Plan, the existing topographic map was based on the existing floodplain elevations at the time the Land Use Plan was adopted by the City Council and Board of County Commissioners. If areas are filled in or the elevation is changed, the classification map does not change. There is a process to amend the map by removing an area from the conservation classification. Mr. Greg Wayne, representing Hanover Design Services, P.A., explained the historical data was collected from one storm in 100 years. This is an accurate topographic map of the site that indicates the site does not fall in the 10 foot floodplain. As a licensed engineer, he would certify the findings. The County’s topographic map and the Land Use Plan map cannot be used to define the line without an on-site visit. Assistant County Manager Weaver asked Mr. Wayne if the survey was performed before the site modifications. Mr. Wayne responded he had not seen the site until the survey was performed. Commissioner Davis stated if Mr. Wayne had surveyed the area before the site modifications, all parties would know if the site was originally above 10 feet. Now, it is not possible to make this determination. This means that the sand should not have been moved to make it higher to obtain density over 2.5 units per acre. Once the site is classified conservation, this classification remains in place. Commissioner Birzenieks requested comments from the Legal Department. Deputy County Attorney, Kemp Burpeau, reported the issue deals with the Zoning Ordinance which says the density cannot exceed 2.5 units per acre in a conservation area. After hearing the previous discussion, the Board may want to modify the Land Use Plan to address the floodplain elevation. It would be appropriate for the Board to wait until the Commissioners revise the Land Use Plan or request a modification of the conservation area. Further discussion followed on how to modify the conservation area. Planning Director Hayes advised that the conservation map would have to be redrawn. The amendment would have to be approved by the Board of County Commissioners, the Wilmington City Council, and Coastal Resources Commission. Vice-Chairman Greer expressed concern for missing the point, and he stated the evidence presented by the surveyor shows that the site was not in the conservation area. No one knows whether the site was in the conservation area before the modifications were made. He asked if the developer should be held responsible under the assumption that he was in error at the beginning of the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 128 Deputy County Attorney Burpeau said an argument could be made that a prudent developer would ascertain whether the property was in the conservation area prior to filling in the site. The site modifications occurred before the survey was made. Attorney Shipman advised that the reality of the matter is that the 100 year floodplain line is not a permanent line. It is an ever changing line that is impacted by a hurricane, northeaster, or storm. The Land Use Plan does not say the determination of the elevation must be made upon the natural topographic features of the site. There are no rules that can be imposed upon the developer. Mr. Nathan Sanders stated he had been developing land in New Hanover County for 20 years. The company has always abided by the Zoning Ordinance, Land Use Plan, and permitting process. This is a classic case of how ordinances are interpreted. Documents have been provided from the County saying this project is in a conservation zone. Another document has been provided by a registered surveyor who says the site is not in a conservation zone. At the first TRC meeting, it appeared that the Grand Bay project was denied because the TRC did not want this type of construction to occur on the Cape Fear River. At the second meeting, the plan was denied because the site was classified as conservation, which means the density cannot exceed 2.5 units per acre. Also, Staff Planner Sam Burgess was quoted as saying: “Floodplains like wetlands act like sponges to help absorb excessive rainfalls. They are also breeding grounds for fish and shellfish. These breeding grounds are destroyed when sand is dumped on them.” Mr. Sanders said these statements were a total misrepresentation because the site is a sandhill with no estuarine areas. It is felt the TRC did not judge the project on its merits because the members did not want more development on the Cape Fear River. Commissioner Davis asked Mr. Sanders if he determined whether the site was in the floodplain at the beginning of the project Mr. Sanders responded he did not feel there was a need to make this determination. With the inconsistencies in the County and FEMA maps, there is no way to make the determination without a survey of the site by a licensed surveyor. He requested the Board to approve the project. Ms. Judy Wilson, a resident of 6632 River Road, commented on the amount of development in the area with the Turtle Cay and South Amsbury projects, and she urged the Board to take a close look before approving the project and to amend the necessary ordinances to protect the natural resources, particularly water quality. Chairman Caster closed the Public Hearing. Commissioner Howell noted that in the future, he plans to propose the special use process for these types of projects. Commissioner Davis commented on the need to amend the existing ordinances to clearly define the floodplain and conservation areas, and he stated the developer should have determined if the area was in a conservation zone before altering the site. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve the Grand Bay project at Beau Rivage for construction of 78 units. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Chairman Greer Voting Nay:Commissioner Davis NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 8, 1999 PAGE 129 Motion: After discussion of the need to clearly define the floodplain and conservation areas in existing ordinances and polices, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to request the Planning Staff to immediately review current ordinances and policies and to prepare recommended changes to be presented to the Board at a future meeting so confusion can be eliminated in future projects of this type. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:11 p.m. to hold a regular meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:19 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Scheduling a Joint Meeting with the Wilmington City Council Chairman Caster requested the Board to consider scheduling a joint meeting with the City Council to discuss issues of mutual concern such as Legion Stadium, Parks, Drainage, Water and Sewer Services, and greenspace. Consensus: It was the consensus of the Board for the Chairman to write a letter to Mayor Hicks requesting a joint meeting with the City Council. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board