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1999-04-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 174 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, April 6, 1999, at 6:30 p.m. in the New Hanover County Judicial Building, Courtroom 317, 316 Princess 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; Deputy County Manager, Andrew J. Atkinson; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. County Manager O’Neal was absent due to the death of his father. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Ted Davis 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. No items were presented. APPROVAL OF CONSENT AGENDA Chairman Caster requested removal of Consent Agenda Item 3 for discussion of this item with Item 9.7 on the Regular Agenda regarding cemeteries. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to remove Consent Agenda Item 3 and approve the remaining items on the Consent Agenda as presented. 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. RetreatFebruary 5 & 6, 1999 Regular MeetingMarch 8, 1999 Approval of Funding for Legislative Event to be Held in Raleigh, N. C. and Approval of Budget Amendment #99-0132 The Commissioners approved funding and the associated budget amendment in the amount of $5,000 to participate in hosting two events for the General Assembly on April 14 and 15, 1999, in Raleigh, North Carolina. The Legislative Event is being sponsored by the Chamber of Commerce, the City of Wilmington and New Hanover County. Budget Amendment #99-0132 - Non-Departmental/Outside Agencies/Economic & Physical Development ADJUSTMENTDebit Credit Non-Departmental: Contingencies $5,000 Outside Agencies/Economic & Physical Development Greater Wilmington Chamber of Commerce$5,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 175 Purpose: To transfer funds from Contingencies to the Greater Wilmington Chamber of Commerce for the Legislative Event in Raleigh. Approval of Contract #99-0197 with Sharpe Architecture, PA for Administrative Office Feasibility Study The Commissioners approved a contract with Sharpe Architecture, PA in the amount of $62,000 to review and prepare a study on the current administration building project as defined within the Long Range Space Study developed by BMS. The design and consulting services are set up as negotiated change order items that will be brought back to the Board for approval. A copy of the contract is on file in the Legal Department. STATUS REPORT BY DR. BILL ATKINSON, PRESIDENT OF NEW HANOVER REGIONAL MEDICAL CENTER, ON CURRENT ACTIVITIES AT THE MEDICAL CENTER Dr. Bill Atkinson, President\CEO of New Hanover Regional Medical Center, reported the merger between Cape Fear Hospital and New Hanover Regional Medical Center was on schedule and going well. The orthopedic surgeons are continuing to work on a plan to concentrate a majority of the orthopedic business at Cape Fear Hospital. An application has been filed with the state and federal governments to merge the Medicare number of the two hospitals. The two hospitals will continue to operate as two separate institutions, but operationally they will be one entity. Dr. Atkinson presented a status report on the latest developments regarding Pender Memorial Hospital becoming affiliated with the Medical Center. He advised that both parties are working on a draft Memorandum of Understanding which establishes the framework for the relationship. The key elements of the proposed agreement are as follows: ? Pender Memorial Hospital, Inc. will become an affiliate of New Hanover Regional Medical Center. ? Pender Memorial Hospital, Inc. will enter into a 20-year lease with Pender County. ? Pender Memorial Hospital, Inc. will have a Board of 7 to 9 members with a majority being appointed by the Pender County Commissioners. The remaining members will be appointed by New Hanover Regional Medical Center. The Pender Memorial Hospital Chief of Staff will be an ex-officio member of the Board. ? The Pender Memorial Board will have the responsibility for credentialing, peer review activity and quality assurance issues. ? The Pender Memorial Board will make recommendations to the New Hanover Regional Medical Center Board for capital and operating budgets, strategic plans, and the addition or deletion of programs. ? New Hanover Regional Medical Center will request the New Hanover County Board of Commissioners to expand the New Hanover Regional Medical Center Board of Trustees to include two (2) Pender County residents with one being the Pender Memorial Hospital Chief of Staff. ? New Hanover Regional Medical Center will make a $980,000 investment in Pender Memorial Hospital to be used for capital and operational expenses. ? Pender Memorial Hospital will continue to make payments at $84,000 per year to Pender County to retire the existing Home Health debt. ? Upon retirement of the Home Health debt, Pender Memorial Hospital will make payments of $50,000 per year to Pender County unless the annual operations of Pender Memorial Hospital do not meet or exceed the Board designated performance parameters. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 176 ? All revenue generated by Pender Memorial Hospital will remain with that hospital to fund capital and operating expenses. Once both parties agree upon the Memorandum of Understanding, it must be approved by the Pender County Board of Commissioners, the New Hanover County Board of Commissioners, Pender Memorial Hospital and the New Hanover Regional Medical Center. The lease agreement will be drafted upon completion of the Memorandum of Understanding. The Board of County Commissioners will be requested to extend the responsibility of the existing Medical Center Board of Trustees, which will be the core board over the network and all assets. The core board needs to have the ability to make out-of-county or out-of-state appointments to appoint representatives from satellite operations. With four vacancies becoming available on the Board of Trustees in October 1999, a methodology should be developed to identify some core knowledge that will be helpful to the network. Possibly, a job description should be developed to be sure the applicants have the necessary background and time to serve on the Board of Trustees. The Medical Center staff will be glad to work with the County Staff in making the proposed changes. In closing, Dr. Atkinson said the Medical Center Staff has been working on naming the system. The first name suggested was New Hanover Health System. It appears the word, “system”, is satisfactory with health care professionals, but not well accepted by consumers around North Carolina. The parent company name will probably be called the New Hanover Health Network. If this name is approved, all names of the individual entities, such as Cape Fear Hospital and New Hanover Regional Medical Center will remain the same. These entities will be part of the New Hanover Health Network. The parent name would be phased in over a year to avoid changing signs and letterhead. Commissioner Birzenieks commented on the need for the by-laws to be changed, and he recommended that Mr. Dumay Gorham, the attorney representing the Medical Center, meet with County Attorney Copley to work on the proposed changes. Chairman Caster asked if Cape Fear Hospital currently has a Chief of Staff. Dr. Atkinson replied there is a Chief of Staff at Cape Fear Hospital, and he stated at the invitation of the Medical Center Board of Trustees, the Chief of Staff has been unofficially attending meetings. Chairman Caster, on behalf of the Board, expressed appreciation to Dr. Atkinson for an informative report. CONSIDERATION OF FUNDING REQUEST BY DR. JOSEPH PAWLIK, PRESIDENT OF RESIDENTS OF OLD WILMINGTON CONCERNING INITIATIVE TO PLANT CANOPY TREES Dr. Joseph Pawlik, President of Residents of Old Wilmington (ROW), reported on the new initiative of ROW to plant canopy trees in the membership area, which includes 8th Street to the River and from Red Cross Street to Queen Street. A significant number of trees have been lost in the Historic Districts due to the number of hurricanes in the last three years. Many of the remaining trees are old and diseased. Funds to support the project will be provided by equal matches sought from: (1) Donor individuals or organizations; (2) Residents of Old Wilmington; (3) the City of Wilmington; and (4) New Hanover County. Once the trees have been planted, the donors will be responsible for watering and taking care of the trees. In closing, Dr. Pawlik requested the Board to provide a match for each private donation. Discussion followed on the estimated amount of funding being requested from New Hanover County. Dr. Pawlik replied $25,000 for a period two years. Commissioner Birzenieks asked if the City of Wilmington had supported the project. Dr. Pawlik responded that Mr. Ed Fare, Director of Public Facilities for the City of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 177 Wilmington, was supportive of the proposal and he had dedicated $25,000 as a match for the project. Deputy County Manager Atkinson requested an explanation of the proposed match. He said that 200 trees at $100 per tree would be $20,000, and he asked if the County was being requested to match 25% of this figure or $20,000. Dr. Pawlik responded the County is being asked to contribute $25,000 over a period of two years since the project will not begin until fall. Chairman Caster recommended allowing this funding request to become part of the FY 1999- 2000 budget process. Commissioner Davis asked Dr. Pawlik if he was aware that New Hanover County supports an urban forester position at Cooperative Extension Service, which is an in-kind contribution by the County. Dr. Pawlik responded that he was aware of this fact. Consensus: After further discussion, it was the consensus of the Board to include the $25,000 funding request in the budget process for FY 1999-2000. Chairman Caster, on behalf of the Board, expressed appreciation to Dr. Pawlik for the presentation. CONSIDERATION OF FUNDING REQUEST BY THE N. C. AQUARIUM SOCIETY FOR EXPANSION OF THE N. C. AQUARIUM AT FORT FISHER Ms. Connie Parker, a member of the N. C. Aquarium Society, reported the N. C. General Assembly has appropriated $15,000,000 of the $16,000,000 expansion project for the N. C. Aquarium at Fort Fisher. The Aquarium Society has committed to funding the additional $1,000,000 needed for the expansion. Ms. Parker said the Aquarium will be expanded from 30,000 sq. ft. to 84,000 sq .ft. with the addition of a 200,000 gallon tank for large sharks and other sea life. Phase I will be a 20,000 sq. ft. exhibit on life in the freshwaters and wetlands of the Cape Fear River. Bid proposals have been sent out and they are due by April 15, 1999. The construction should be completed in two years. All school groups will be admitted free, but out of state groups will pay a fee. Also, free days will be held during the winter months and early spring for the residents of New Hanover County. In closing, Ms. Parker noted that she had been involved with the Aquarium Society since 1979 and she emphasized the importance of teaching school children about life in the ocean and freshwaters. She requested the County to approve a one time contribution of $75,000 toward the expansion project. Chairman Caster spoke on being supportive of the project but stated he felt this was a State operation that should not be funded by County taxpayers. Commissioner Howell commented on this being an educational and economic program, and he stated was inclined to support the funding. Motion: Commissioner Howell moved to approve a one time contribution of $75,000 to the N. C. MOTION FAILED Aquarium at Fort Fisher. The because a second was not received. Commissioner Birzenieks commented on this being a worthwhile project, and he suggested considering this funding request during the budget process. Consensus: After further discussion, it was the consensus of the Board to include the $75,000 funding request as part of the budget process for FY 1999-2000 . NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 178 PRESENTATION BY MS. JACQUELINE CAVADI ON THE “EASTER SEALS BEACH ABILITY PROGRAM” Ms. Jacqueline Cavadi, Program Representative of Recreation Services for Easter Seals North Carolina, reported the goal of the Easter Seals Beach Ability program is to help people with disabilities to enjoy the same coastal recreation activities as their families by providing adaptive recreation equipment, such as beach wheelchairs and adaptive fishing tackle, in convenient locations along coastal beaches. In the Cape Fear coastal area, the Easter Seals Beach Ability program will benefit the communities of Brunswick County, New Hanover County, and southern Pender County. This program is a collaborative effort between Easter Seals North Carolina and coastal area recreation professionals, universities, disability service providers, consumers with disabilities, tourism experts, and community service providers. The project is funded by a grant from the Kate B. Reynolds Ability Program II. In concluding the report, Ms. Cavadi expressed appreciation to the Board for an opportunity to explain the purpose of the program and stated that no funding was being requested at this time. Chairman Caster, on behalf of the Board, expressed appreciation to Ms. Cavadi and the members of the Easter Seals Beach Ability program for moving forward with this worthwhile project. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF APRIL 1999 “CHILD ABUSE PREVENTION MONTH” IN NEW HANOVER COUNTY Ms. Karen Vincent, Assistant Director of the Department of Social Services, requested the Board to adopt a proclamation declaring the month of April 1999 as “Child Abuse Prevention Month” in New Hanover County to create a public awareness of the depth of the problem and to recognize the professionals and volunteers within the community who are dedicated to ending child abuse. Chairman Caster read the proclamation and requested the Board to declare the month of April 1999 as Child Abuse Prevention Month in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a proclamation designating April 1999 as “Child Abuse Prevention Month” in New Hanover County. Chairman Caster, on behalf of the Board, presented the proclamation to Ms. Vincent. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 9. APPEAL OF REAL AND BUSINESS PERSONAL PROPERTY VALUES FOR 1996, 1997, AND 1998 FOR HILLS DEPARTMENT STORE Mr. Robert Glasgow, Tax Administrator, reported that Hills Department Store listed improvements to their leased property in Long Leaf Mall as furniture, fixtures, and leasehold improvements, submitting copies of their depreciation schedules supporting the classifications and amounts. In 1998, Hills hired Rosemont & Associates to review their tangible personal property throughout the country. Rosemont & Associates submitted amended listings classified as “Real Estate/Non Taxable” in the amount of $1,777,208 for 1996; $1,850,779 for 1997; and two adjustments of $949,114 and $904,838 for a total adjustment of $1,853,952 for 1998. It is their opinion that improvements made to the building in the form of construction costs and materials have been charged as real property improvements. Depreciation schedules were submitted by Hills corporate headquarters in 1996, 1997, and 1998 supporting the listings, which were capitalized for depreciation purposes. At the completion of the renovation work in 1995, the Appraisal Office conducted a review of the property to identify improvements to the building. Improvements were charged to the owner, Longleaf Associates. These improvements resulted in an increased appraisal value for 1996, 1997, and 1998 in the amount of $178,809. During the review of the business personal property listings precipitated by the Rosemont & NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 179 Associates appeal, a clerical error was discovered. In 1996, Hills reported $873,616 for leasehold improvements which the Tax Department had not picked up and assessed for the tax years of 1996, 1997, and 1998. Correcting the clerical error increased the taxes owed for these years. The Tax Department did subtract the leasehold improvements of $178,809 made by Hills Department Store. Mr. Glasgow reported that Mr. Clayton Rash, Senior Associate, Rosemont & Associates, and Mr. Gerhart Van Note, Division Manager representing Hills Department Store, were present and would like to appeal the recommendation of the Tax Department. Mr. Clayton Rash, Senior Associate, reported the Tax Department is claiming that items brought to their attention by Hills have been removed; however, there are countless other items that are being picked up as taxable. The basic concern is that property currently being assessed as real estate is also being assessed as personal property. This is an act of double taxation that is illegal in North Carolina. In this case, the real estate card shows that the Tax Department has applied a base rate on the entire building. If you are going to tax every leasehold improvement, the building must be a shell. If Hills moves in and installs the flooring, and a flooring base rate has already been established on the real estate, the tax dollars have been assessed. The flooring, dry wall, HVAC, roof and other items are identified on the real estate card. The Tax Department cannot turn around and assess a personal property tax on items that have already been assessed as real estate. Tax Administrator Glasgow informed the Board that the Tax Department was not charging Hills double taxation. Any time a renovation occurs to any piece of property, the Tax Department goes back and looks at the condition of the property and a grade is established based upon the condition of the building. In this case, the building was the former Roses Department Store that was in need of renovation. The building was upgraded and improved. After the renovation, the grade class was higher but it did not change significantly. The leasehold improvements such as the HVAC and others added by Hills were being charged to Hills and Longleaf Associates. These items were identified and Hills was given a reduction in the assessed value in the amount of $178,809 for leasehold improvements for 1996, 1997, and 1998. Mr. Gerhart Van Note, Division Manager representing Hills Department Store, reported the reason for the increase was because the service station formerly operated by Roses Department Store was built out into finished space by Hills. When Hills renovated the building, they replaced a great deal of sheet rock and flooring. This is 100,000 sq. ft. facility. When the Tax Department agreed to reduce the assessed value in the amount of $178,809 for the leasehold improvements, this was just a small portion of the building. The Tax Department has included the entire 100,000 sq. ft. facility as real estate and now is assessing personal property taxes on property that has been assessed as real estate. Chairman Caster commented on visiting the building after Roses left, and he stated if the leasehold improvements were only $178,809, it would be difficult for him to believe that Hills did not spend a much larger sum of money to renovate the building. Mr. Glasgow responded that Hills did spend a large sum of money to renovate the building. However, the item used by the Appraisal Office to determine the actual real property value is measurement of dimensions, the wall heights, and any improvements that have been completed. In this case, the grade class changed insufficiently, and the Tax Department did pick up the HVAC, the sprinkler system and other items that amounted to a reduction of $178,809 in the real property value. Mr. Paul Susie, BusinessAuditor in the New Hanover County Tax Department, stated as a businessman, you would view the building as a store that needs renovations. The assets would be capitalized, but the building would not be real property because it is leased, not owned. When a business leaves a building, the work done on the interior (leasehold improvements) cannot be taken by the company. These leasehold improvements are set up on the shortest term possible to serve as write offs. Commissioner Howell asked Mr. Susie if sheet rock and studs are not real property. Mr. Susie responded that sheet rock and studs are personal property. Each business that leases NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 180 a building will make leasehold improvements that cannot be taken when vacating the structure. Commissioner Birzenieks commented on the complexity of the issue, and he recommended upholding the recommendation by the Tax Department which will allow Hills to appeal to the N. C. Property Tax Commission if they are not satisfied with the decision. Mr. Rash stated that Hills would not mind if the shell of the building was assessed as real estate; however, this is not the case. The Tax Department has charged a finished rate on the entire building. Since the entire building has been assessed as real estate based upon a finished rate, it is double taxation to assess the leasehold improvements as personal property. Commissioner Davis asked if the Legal Department was satisfied with the recommendation of the Tax Department. County Attorney Copley said that after a review of the case and recommendation, the Legal Department agrees with the recommendation of the Tax Department. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to uphold the recommendation of Tax Administrator and approve a reduction of assessed value in the amount of $178,809 for the leasehold improvements for 1996, 1997, 1998, and to hold Hills Department Store responsible for the following assessed tax values: 1996 - $625,326 1997 - $569,742 1998 - $1,200,062 after trending with no interest charged. Penalties for the “discovery” will be applied. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Davis Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Howell BREAK Chairman Caster called a break from 7:50 p.m. until 8:00 p.m. APPROVAL OF ACTION AUDITS REPORT OF FALCON CABLE MEDIA’S FCC 1240 RATE FILING FOR THE PERIOD OF JULY 1997 THROUGH JUNE 1998 AND PROJECTED PERIOD OF OCTOBER 1998 THROUGH SEPTEMBER 1999 County Attorney Copley reported that New Hanover County was in the process of terminating the franchise with Falcon Cable; however, cable operators may update on an annual basis their cable rates to account for changes in external costs such as programming costs, franchise mandated costs, inflation and a number of regulated channels. Falcon Cable filed a 1240 form containing financial data supporting a rate change to take effect April 1, 1999. After a review of the form by FCC, Falcon Cable was granted permission to increase the rate. The County’s consultant, Action Audits, has reviewed the data presented by Falcon Cable and found no inconsistencies in the computations; therefore, Action Audits recommends allowing Falcon Cable to increase the monthly rate. County Attorney Copley stated the Board has the right to deny the rate increase; however, Falcon Cable will probably appeal to the FCC and the rate increase will be granted. She informed the Board that regardless of what action was taken, the Board must accept the report made by Action Audits and allow time for public comment. Chairman Caster asked if anyone from the public would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 181 No comments were received. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to accept the Action Audits report and deny a rate increase to Falcon Cable. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 9. APPROVAL OF FUNDING REQUEST FOR THE NATIONAL ASSOCIATION OF COUNTIES 2000 ANNUAL CONFERENCE TO BE HELD IN MECKLENBURG COUNTY, NORTH CAROLINA Chairman Caster announced that the 2000 Annual Conference of the National Association of Counties (NACo) will be held in Mecklenburg County. The N. C. Association of County Commissioners (NCACC) is requesting that all 100 counties in North Carolina support the conference by making a contribution. He requested the Board to consider approving a contribution from New Hanover County. Commissioner Davis asked if this request should be part of the budget process since other funding requests are being routed in this direction. Commissioner Birzenieks asked if the Cape Fear Coast Convention & Visitors Bureau would be able to advertise local attractions in the North Carolina promotion booth at the July 1999 Annual Conference in St. Louis, Missouri. Vice-Chairman Greer responded that both North Carolina and South Carolina would be represented at the Annual Conference in St. Louis. Flags from all counties will be prominently displayed at the entry to the Convention Center in St. Louis, and the N. C. Association of County Commissioners will actively market the Carolinas as a tourist destination for pre-and-post conference vacations. A goal of $200,000 has been established for the State of North Carolina. Some counties are in a better financial position to contribute than others. He requested the Board to consider a contribution of at least $5,000 toward hosting the event. Motion: After discussion of the benefits that will be derived from marketing our area and the state, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve a contribution of $6,000 to the National Association of Counties to assist with sponsoring the 2000 Annual Conference in Mecklenburg County. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY CHARLES BRUTON TO REZONE 1.86 ACRES LOCATED AT 6632 GORDON ROAD TO I-1 LIGHT INDUSTRIAL FROM R-15 RESIDENTIAL (Z-650) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted 3 to 1 to recommend approval of the petition as requested by the applicant. The Planning Staff suggested that O-I Office and Institution would make a better transition in land use and create a stopping point for westward industrial expansion from Dutch Square. The Planning Board felt that I-1 Light Industrial was compatible with land uses to the east in the Dutch Square and that the range of uses permitted by the district would not cause hardships for nearby residential uses. There was no opposition present at the Planning Board meeting. Commissioner Davis asked if the Office and Institution use would serve as a better transition in this area. Planning Director Hayes responded that Staff felt Office and Institution was a better use for the site. Chairman Caster asked if the petitioner would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 182 Mr. Jim Bruton, the brother of the petitioner, stated the property had been owned by his mother since 1960. He requested the Board to approve the I-1 Light Industrial zoning because of surrounding industrial uses. Chairman Caster asked if anyone from the public would like to speak. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to rezone 1.86 acres located at 6632 Gordon Road to I-1 Light Industrial from R-15 Residential as recommended by the Planning Board. Upon vote, MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Davis A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 49. PUBLIC HEARING TO CONSIDER A REQUEST BY ED ENNIS TO REZONE 1.9 ACRES ON THE WEST SIDE OF CASTLE HAYNE ROAD SOUTH OF THE WRIGHTSBORO PLAZA SHOPPING CENTER TO B-2 BUSINESS FROM R-20 RESIDENTIAL (Z-651, 399) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition as submitted. The Planning Board felt the rezoning met the intent of the Land Use Plan and was consistent with surrounding zoning and existing land uses. There was no opposition present at the Planning Board meeting. Chairman Caster asked if the petitioner or anyone from the public would like to comment. No remarks were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Davis to rezone 1.9 acres on the west side of the Wrightsboro Plaza Shopping Center to B-2 Business from R-20 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING ZONING AREA NO. 10A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1974 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 24. PUBLIC HEARING TO CONSIDER A REQUEST BY CHERYL POWELL TO REZONE 4.5 ACRES LOCATED AT 5564, 5670, AND 5674, CAROLINA BEACH ROAD TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-652, 3/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the rezoning request contingent upon leaving a 5-foot strip of land along and parallel to Lobos Lane zoned R-15 Residential to ensure that additional setbacks are required. The primary concern was to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 183 provide additional protection to residential uses along Lobos Lane from encroachment by non- residential uses. The Planning Board noted that the site’s proximity to similar zoning and the heavy traffic along Carolina Beach Board made it unappealing for residential use. Several persons were present and expressed concern about setbacks and zoning. Commissioner Davis asked if rezoning the site from R-15 Residential to O-I Office and Institution would be consistent with the Land Use Plan. Planning Director Hayes responded the Office and Institution rezoning would be consistent with the Land Use Plan. Chairman Caster asked if the petitioner would like to speak. Ms. Cheryl Powell, the petitioner, reported the property adjoins Carolina Beach Road with a 1995 traffic count of 22,800 cars per day, which means the site is no longer appealing for residential development. The proposed rezoning will be a good transitional use that will protect surrounding neighborhoods. She requested the Board to approve the Office and Institution zoning as recommended by the Planning Board. Chairman Caster asked if anyone from the public would like to speak in opposition. No comments were received. Chairman Caster closed the Public Hearing. Commissioner Davis expressed concern for the following statement in the information presented by the Planning Staff and he requested an explanation: “Can the County justify the continued linear spread of non-residential uses along its major highways even if they are office and institutional activities, and remain consistent with the Land Use Plan?” Planning Director Hayes responded in a general context, the Office and Institution zoning would be consistent with the Land Use Plan. The question to answer is how large should a commercial area grow before having a detrimental impact on surrounding residential uses. The Office and Institution zoning is an acceptable compromise because it provides additional protection to the homes across Lobos Lane. The current policies in the Land Use Plan do not address the size of commercial nodes. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to approve rezoning 4.5 acres located at 5664, 5670, and 5674 Carolina Beach Road to O-I Office and Institution from R-15 Residential contingent upon leaving a 5-foot strip of land along and parallel to Lobos Lane zoned R-15 to ensure that additional setbacks are required. 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 54. PUBLIC HEARING TO CONSIDER A REQUEST BY RICHARD HOBBS TO REZONE .77 OF AN ACRE LOCATED AT 5953 CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-653, 3/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition as submitted, noting that the site’s proximity to the B-2 District to the north and its frontage along the highway had eliminated the land’s residential appeal. Staff suggested O-I Office and Institution as an alternative, hoping to provide transitional land uses NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 184 between the existing B-2 District and Battle Park, a nearby subdivision. The Planning Board agreed that some transition would be needed, but felt it should not begin with the applicant’s property. There was no opposition present at the Planning Board meeting. Commissioner Davis requested Planning Director Hayes to explain the following statement in the Planning Staff’s recommendation: “This situation creates a dilemma of sorts: While rezoning the property would recognize its diminished appeal for residential use, it would be contrary to the Land Use Plan’s prohibition on strip commercial development.” Planning Director Hayes responded the current Land Use Plan contains a policy that discourages the stripping out of commercial development along major highways. In this case, the B-2 rezoning would lengthen the B-2 District southward on Carolina Beach Road which would be inconsistent with the Land Use Plan. Office and Institution zoning would provide a transition to the adjoining residential neighborhood and comply to the Land Use Plan. Chairman Caster asked if the petitioner would like speak. Attorney Jim Snow, representing the petitioner Richard Hobbs, advised that the B-2 Business classification was originally called highway zoning. The property in question is located on a divided four-lane highway with a high traffic count, and it is not suitable or desirable for residential use. The petitioner plans to use the site for construction of a retail office complex with warehouse space which is not permitted in the Office and Institution District; therefore, this alternative is not acceptable. The Land Use Plan has designated the property as resource protection; however, with changes in the area due to growth over the past five years, the land would now be classified Urban Transition. Attorney Snow said the property is only seven tenths of an acre which adjoins a large B-2 District that fronts on the highway. The road to the south is a 60-foot roadway that serves the property to the rear. This roadway would be a natural boundary for the B-2 District. If the Commissioners think in terms of the rezoning being an enlargement of an existing commercial node rather than strip zoning, it would be consistent with the Land Use Plan. The Land Use Plan does not restrict non-residential development in a resource protection classification if there is no negative impact on a natural resource. No resources have been identified on the property. The property was included in the Resource Protection classification because it is located on the east side of the highway which drains to the sound. This site shares the same Land Use classification as water frontage on the sound. Yet, there is no water frontage on the site, no historical significance, and no rational reason for the classification other than it was an ideal place to draw the line for the Resource Protection classification. In concluding his remarks, Attorney Snow stated the B-2 Business rezoning was not inconsistent with the Land Use Plan, and he requested the Board to approve the B-2 zoning as recommended by the Planning Board. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion:MOTION Commissioner Howell MOVED to rezone the property to B-2 Business. The FAILED because no second was received. Discussion followed on whether there was another use in the Zoning Ordinance that would allow construction of a retail office complex with warehouse space. Assistant County Manager Weaver suggested conditional use. Planning Director Hayes said that conditional use would be appropriate; however, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 185 petitioner would have to provide a site plan. After further discussion of the B-2 Business rezoning not being consistent with the Land Use no action was taken by the Board. Plan, The property will remain residentially zoned which will allow the petitioner to file a conditional use petition if so desired. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO MODIFY WATER SUPPLY WATERSHED OVERLAY DISTRICT REQUIREMENTS Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported several years ago the State of North Carolina required City and County governments with zoning authority over drinking watershed areas to adopt rules and regulations regarding land use in the watersheds. The Toomer’s Creek Water Supply Watershed serves as an alternative source of water for the City of Wilmington. It is located across the Cape Fear River near the railroad junction south of the Sutton Steam Plant. The proposed revisions to the regulations will provide some consistency between the County’s Water Supply Watershed Protection Rules and the State’s Coastal Stormwater Rules. He reported that initially the Planning Board was concerned about the rule changes affecting larger areas of the county. After Staff explained that the revisions applied exclusively to the Toomer’s Creek Water Supply Watershed, the Planning Board was satisfied and voted unanimously to recommend approval of the changes as submitted. No public comments was received at the Planning Board meeting. The following revisions were presented: 1.Change wording in Section 59.8(1) to read: The development of a single family home on a parcel or lot of record where permitted by the underlying zoning. 2.Add Section 59.8(4) to read: New landfills and sites for the land application of residuals or petroleum contaminated soils are prohibited in the Water Supply Watershed critical area, defined as extending one-half mile upstream from the water supply intake or to the ridgeling of the watershed, whichever comes first. 3.Add Section 59.8-7 to read: Watershed Buffers: a minimum thirty (30) foot vegetative buffer for the development activities is required along all perennial waters as indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. 4.Add Section 59.8.8 to read: All subdivisions which require an erosion and sedimentation plan and/or require a Coastal Area Management Act (CAMA) major permit must be reviewed by the N. C. Division of Water Quality for compliance with the Water Supply Watershed Protection Rules (15A NCAC 2B.0200) and the Coastal Stormwater Rules (15A NCAC 2H.1000). 5.Add Section 59.8-9 to read: Under no circumstances shall the New Hanover County Board of Commissioners adopt such amendments, supplements, or changes that would cause this ordinance to violate the Watershed Protection Rules as adopted by the N. C. Environmental Management Commission. All amendments must be filed with the N. C. Division of Water Quality. 6.Add Section 110-1(4) to read: Water Supply Watershed Overlay District..See Section 59.8. 7.Add Section 121-5 to read: Variances in the Water Supply Watershed Overlay District which would result in a relaxation of any management requirement by ten percent (10%) or greater must be reviewed by the N. C. Environmental Management Commission prior to final approval. 8.Add a New Section to the Subdivision Regulations Titled Section 35 to read: Water Supply Watershed: All subdivisions which require an erosion and sedimentation plan and/or require a Coastal Area Management Act (CAMA) major permit must be reviewed by the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 186 North Carolina Division of Water Quality for compliance with the Water Supply Watershed Protection Rules (15A NCAC 2B.0200) and the Coastal Stormwater Rules (15A NCAC 2H.1000). Discussion was held on whether the proposed rules were statewide and if the rules would apply only to the Toomer’s Creek Watershed. Planning Director Hayes explained that the rules were not statewide. The rules will apply to any surface drinking water supply. In this case, the rules will apply only to the Toomer’s Creek Watershed. Vice-Chairman Greer commented on relinquishing authority to the State and he said that the Board of County Commissioners could not pre-empt State Law; therefore, Item 5 was not needed. He also suggested removing Item 7. Planning Director Hayes noted that Item 7 was a positive section because it allows the County to issue variances as long as they do not exceed 10% of the requirement. He said the proposed rules will have very little impact on New Hanover County. In counties with no water stream, such as Guilford and Alamance, large areas will fall under the new regulations. Vice-Chairman Greer noted that the letter from Mr. Preston Howard, Director of the Department of Environment, Health, and Natural Resources, Division of Water Quality, stated the rules must be applied no later than August 14, 1998. He said since this date is approximately a year old, why should the County adopt the regulations. He expressed concern for having to fight battles to secure any amount of autonomy for local governments without first being told what to do by the state and federal governments. Chairman Caster asked if anyone from the public would like to comment on the proposed revisions. No comments were received. Chairman Caster closed the Public Hearing. Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt the proposed revisions with the deletion of Items 5 and 7. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANVOER COUNTY ADOPTED OCTOBER 6, 1969 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 9. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT REQUESTED BY JOHN HINRICHS TO ADD “PET GROOMING” TO THE TABLE OF PERMITTED USES (A-295, 3/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that Mr. John Hinrichs requested an amendment to the table of permitted uses in the Zoning Ordinance to add “Pet Grooming” in all districts where kennels are allowed and to allow them by right in the I-1 Industrial District. The definition of kennels in existing regulations includes pet grooming. Therefore, the Planning Board voted unanimously to approve a text amendment to add “kennels” as a permitted use in the I-1 Light Industrial District. The petitioner supported the recommendation approved by the Planning Board. There was no public opposition at the Planning Board meeting. Chairman Caster asked the petitioner if he agreed with the recommendation approved by the Planning Board. Mr. Hinrichs concurred with the recommendation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 187 Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve a text amendment to add “kennels” as a permitted use in the I-l Light Industrial District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 9. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO REVISE THE CONSERVATION OVERLAY DISTRICT REQUIREMENTS TO SPECIFY THAT ABANDONED CEMETERIES WILL BE INVESTIGATED AND DELINEATED BY A PROFESSIONAL HISTORIAN, ARCHEOLOGIST, OR RELATED PROFESSIONAL (A- 297, 3/99) Chairman Caster opened the Public Hearing and reminded the Board that Consent Agenda Item 3 was removed to be considered when discussing the proposed text amendment. Planning Director, Dexter Hayes, said the purpose of the proposed text amendment was to provide support to Staff when trying to locate abandoned cemeteries. Staff is not comfortable determining where a boundary is located without outside expertise, especially when grave sites have been left in a state of neglect for many years and are over grown with trees. Frequently, the determination is based on information from someone who remembers where the cemetery was located. It would be beneficial for a professional archeologist to determine exactly where the grave sites are located before development occurs on the property. Vice-Chairman Greer asked if a professional historian or archeologist was needed. It appears that someone could be hired to be sure that no graves are disrupted or that development does not occur over grave sites when the property is being developed. He recommended rewording the section to require a professional expert. Planning Director Hayes responded that using the clause, “by a professional historian, archeologist or related expert,” allows the County to a hire qualified person to assist with determining the boundary of a cemetery. Deputy County Attorney, Kemp Burpeau, stated that a cemetery is not classified as abandoned under State Law if the Register of Deeds shows a property owner for the parcel of land. An abandoned cemetery is an exempt tax parcel where no title of ownership can be found. In these cases, the County would take possession and control of the cemetery. Vice-Chairman Greer presented the following scenario: A person owns a 50-acre tract with a small wall around a cemetery. When the property is developed, the grave site will not be disturbed. He asked if an archeologist would have to be hired before the property could be developed. Deputy County Attorney Burpeau explained that the cemetery would be part of the 50 acre tract and the developer would be responsible for delineating and maintaining the cemetery. The County would not be responsible for the maintenance of the site. Vice-Chairman Greer asked why this burden should be placed on the developer. Deputy County Attorney Burpeau responded that the person who owns the land would be required to protect the cemetery. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 188 Assistant County Manager Weaver explained that if evidence can be shown that 50 persons were buried in the cemetery, the person hired by the developer should be able to determine the location of the graves. The purpose of the text amendment is to avoid cemeteries being dug up through error when land is developed. Planning Director Hayes informed the Board that the proposed rules would only apply to persons developing property. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Assistant County Manager Weaver said Staff was concerned about the delineation of the grave sites, not the history of the site. Staff would like to use existing references that have been developed on graves and register them with the Register of Deeds. He suggested changing the wording to read as follows: “Provide for a thorough site investigation primarily for delineation of cemetery sites.” Planning Director Hayes suggested establishing a separate requirement for the delineation of cemetery sites. Vice-Chairman Greer agreed with the need to delineate cemetery sites to keep graves from being dug up, and he suggested requesting Staff to reword the text amendment. Consensus: After further discussion, it was the consensus of the Board to direct Staff to reword the text amendment and present it to the Board at the next meeting. APPROVAL OF CONSENT AGENDA ITEM 3 Chairman Caster requested the Board to discuss Consent Agenda Item 3. Vice-Chairman Greer reported that he did not have a problem with Consent Agenda Item 3 since it was not relative to the proposed text amendment. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution for New Hanover County to take possession and control of Rice Road Cemetery to establish the boundaries for maintenance purposes pursuant to NCGS 65-3. 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 9. FAREWELL COMMENTS FROM SENIOR PLANNER PETE AVERY Senior Planner, Pete Avery, informed the Board that he would be leaving his employment with New Hanover County to pursue another career with a developer in the community. He expressed appreciation to the Board of County Commissioners for their cooperative working relationship and said he had enjoyed working for New Hanover County. Chairman Caster, on behalf of the Board, wished Mr. Avery success in his new career and stated that he would be missed. MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a regular meeting of the Water and Sewer District at 9:20 p.m. Chairman Caster reconvened to Regular Session at 9:33 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 6, 1999PAGE 189 ADDITIONAL ITEMS Dedication of the NorthChase Interceptor Chairman Caster reminded the Board of the dedication scheduled for the completion of the NorthChase Interceptor on April 7, 1999, 1:00 p.m. at the Castle Hayne boat ramp. Discussion of Filling the Unexpired Term on the New Hanover County Planning Board Chairman Caster commented on the need to fill the unexpired term on the Planning Board, and he stated this item will be placed on the agenda for April 19, 1999. The Clerk to the Board was requested to use the applications already on file when presenting the agenda item. Discussion of Appointments to the Mayor’s Task Force on Passenger Rail Transportation Chairman Caster reported that Mayor Hicks has requested the Board of County Commissioners to appoint two members to serve on the Task Force on Passenger Rail Transportation. He advised that Parks Griffin had expressed an interest in serving on the committee. He requested the Board to provide him with names of other interested persons so the appointments can be made as soon as possible. ADJOURNMENT Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 9:40 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board