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1999-07-12 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 356 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 12, 1999, at 6:30 p.m. in the New Hanover County Judicial Building, Courtroom 317, 116 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; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Assistant County Manager, Patricia A. Melvin, gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time has been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. Denis Murray, the owner of a rental house located at 336 Hidden Valley Drive, presented a flood insurance rate map of New Hanover County dated September 3, 1992, and he explained his rental house was located in Zone C. According to information available, no flooding has occurred in Zone C for the past 100 years. During Hurricane Bertha in July 1996 and Hurricane Fran in September 1996, no water came near the rental house. After Hurricane Bonnie in 1998, two houses to the left of the rental house were flooded. In May 1999 after a 13.11 inch rainfall, the rental house would have flooded if the tenant had not call 911 to request assistance. A truck was sent to pump water away from the house. Mr. Murray noted that between Hurricane Fran and Hurricane Bonnie, the Wedgefield Subdivision was constructed behind Hidden Valley. Many ditches were blocked and the natural flow of water was obstructed. The water now flows toward the rental house if a heavy rainfall of five to six inches occurs within a short period of time. Mr. Murray requested the Board to develop a plan to resolve the problem whether through construction of a retention pond, digging a deeper ditch behind the house, opening up blocked natural ditches that were in place prior to Berth and Fran, or selling the property to New Hanover County. He said unless the drainage problem is resolved immediately, the house will be washed away during another hurricane, and he will have lost a significant part of his retirement income. He urged the Board to move forward with developing a plan and to provide him with the name of a County employee that can be called within a week to explain the plan to him. Chairman Caster requested the County Manager and County Engineer to investigate the site. He informed Mr. Murray that when more information is obtained, he will be called. APPROVAL OF CONSENT AGENDA Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the 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: Regular MeetingJune 7, 1999 Regular MeetingJune 21, 1999 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 357 Special Budget MeetingJune 8, 1999 Wetlands Work SessionMarch 18, 1999 Authorization for the Department of Aging to File a Grant Application to the Cape Fear Memorial Foundation The Commissioners authorized the Department of Aging to file a grant application to the Cape Fear Memorial Foundation in the amount of $21,250 to fund a wellness program to be taught at the five (5) congregate nutrition sites. The grant funds will be used to contract with five instructors to teach classes twice a week to promote the importance of good nutrition and exercise to the elderly. Acceptance of the FY 1999-2000 Retired Senior Volunteer Program (RSVP) Grant The Commissioners accepted the FY 1999-2000 Retired Senior Volunteer Program grant in the amount of $50,431 with a County match of $42,990 and authorized the County Manager to execute the grant documents. The grant supports funding for 600 volunteers working in New Hanover County. Approval of Professional Services Contract with UNCW for Tidal Creek Quality Studies The Commissioners approved a professional services contract with UNCW for continuation of tidal creek quality studies. The studies will focus on understanding the water quality in major estuarine creeks to identify the sources of pollution and provide management strategies. The County Manager was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Acceptance of Grant Award from the North Carolina Childhood Lead Poisoning Prevention Program and Approval of Budget Amendment #00-0001 The Commissioners accepted a grant award and approved the associated budget amendment in the amount of $16,111 from the North Carolina Childhood Lead Poisoning Prevention Program for the “Health Homes Initiative” program to be provided through the Health Department. The funds will be used to cover two temporary positions, an Environmental Health Specialist and a Licensed Practical Nurse, for 20 hours a week for 24 weeks. The goal of the program is educate families about asthma control and lead poisoning prevention. Budget Amendment #00-0001 - Health/Child Health DebitCredit Lead Poisoning - Health Homes Initiative Grant $16,111 Temporary Salaries $11,436 Departmental Supplies 4,225 Employee Reimbursements 450 Explanation: To budget the Health Homes Initiative grant award for temporary salaries, supplies, and in-town mileage. Approval of Budget Amendment #2000-01 - Parks Capital Project The Commissioners approved the following budget amendment: #2000-01 - Parks Capital Project DebitCredit Sales Tax Refunds $8,487 Interest 3,200 Other Improvements $11,687 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 358 RESOLUTION OF APPRECIATION PRESENTED TO MRS. BARBARA SCHWARTZ FOR OUTSTANDING CONTRIBUTIONS TO CAPE FEAR COMMUNITY COLLEGE Motion: Vice-Chairman Greer, MOVED, SECONDED by Commissioner Davis to adopt the resolution in recognition of Mrs. Barbara Schwartz. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Caster read and presented a resolution to Mrs. Barbara Schwartz to recognize her outstanding contributions made to Cape Fear Community College. He expressed appreciation to her for setting an exemplary example of community service. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 15. WITHDRAWAL OF REPORT ON THE STATUS OF THE CONTRACT WITH CORRVANTIS, INC. Chairman Caster announced that Staff had withdrawn this item from the agenda. He reported that New Hanover Regional Medical Center would be presenting a request regarding the Pender Memorial Hospital affiliation with the Medical Center during this time frame. APPROVAL OF LEASE AGREEMENT BETWEEN PENDER MEMORIAL HOSPITAL, INC., PENDER COUNTY AND NEW HANOVER REGIONAL MEDICAL CENTER AND APPROVAL OF AMENDMENTS TO THE NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES BY-LAWS Dr. William K. Atkinson, President/CEO of New Hanover Regional Medical Center, introduced Mr. Ken Johnson, Chairman of the Pender Memorial Hospital Board of Trustees, and stated that Mr. Johnson would like to make a few remarks. Mr. Johnson reported that during the past 18 months, the Pender Memorial Hospital Inc. Board of Trustees has been working with New Hanover Regional Medical Center to negotiate a satisfactory agreement between both hospitals. He expressed appreciation to Dr. Atkinson and his Administrative Staff for being so gracious and patient with Pender Memorial Hospital, Inc. during the entire process. He said the proposed agreement will mutually benefit both counties by improving the scope of health care, and he requested the Board of County Commissioners to approve the agreement as submitted. Pender County Commissioner Cleveland Simpson requested the Board to approve the agreement because it will greatly benefit Pender County, New Hanover County, and the region in the provision of quality health care. Dr. Atkinson reported the Medical Center Administrative Staff has been working with the Pender Memorial Hospital Board of Trustees for the past year. He explained that Pender Memorial Hospital, Inc. will remain the property of Pender County. A 20-year lease has been prepared with a 10-year option to renew the lease. Either Pender Memorial Hospital, Inc. or the New Hanover Regional Medical Center has the right to terminate the agreement at the end of the first five years in the event the hospital fails to produce revenue for two consecutive years. This requirement is designed to provide a safety net for both hospitals. New Hanover Regional Medical Center would enter into an agreement with Pender Memorial Hospital Inc., who will have a board that is appointed jointly by the New Hanover Regional Medical Center Board of Trustees and by the Pender County Board of Commissioners. This board will be responsible for medical quality issues and for credentialling of physicians and other health care professionals. Other activities, such as financial controls and other general management will remain the responsibility of the New Hanover Regional Medical Center. Dr. Atkinson reported that a meeting was called by the New Hanover Regional Medical Center Board of Trustees to modify the By-laws. The Medical Center Board of Trustees voted to approve an amendment to allow two additional ex-officio members to serve on the Medical Center Board of Trustees to include the Chief of Staff at Pender Memorial Hospital, Inc. and one appointed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 359 member by the Pender Memorial Hospital, Inc. Board of Trustees. In closing, Dr. Atkinson informed the Board that Pender Memorial Hospital, Inc. has been under the management of Quorum Health Care, a for-profit management group from Nashville, Tennessee, for several years. The contract with Quorum Health Care will expire on July 17, 1999. If the County Commissioners approve the prepared agreements and modification of the By-laws to add two additional ex-officio members to the New Hanover Regional Medical Center Board of Trustees, a transitional management team from New Hanover Regional Medical Center will be on-site at Pender Memorial Hospital, Inc. on the morning of July 18, 1999. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the lease between New Hanover Regional Medical Center, Pender Memorial Hospital, Inc. and Pender County to proceed with the affiliation between the two hospitals. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the amendments to the By-laws of the New Hanover Regional Medical Center Board of Trustees to increase the ex-officio members of the Board from 3 to 5 members. Discussion was held on when the By-laws for the parent board will be presented to the Board of County Commissioners. Dr. Atkinson explained that a second set of By-laws will be submitted to the County Commissioners for the New Hanover Health Network, which will be the parent board to oversee all affiliated entities. He advised that a Task Force has been formed to work with the County Attorney to prepare the By-laws for the Health Network. Once this document has been completed, it will be presented to the Board of County Commissioners for approval. Chairman Caster called for a vote on the MOTION to approve the amendments to the By- laws of the New Hanover Regional Medical Center Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION ON DRAINAGE PROBLEMS IN THE GORDON WOODS SUBDIVISION Assistant County Manager, Dave Weaver, reported that Ms. Susan Gregory, a resident of Gordon Woods Subdivision, has requested an opportunity to present her concerns about drainage problems in her subdivision and the Gordon Road area. He informed the Board that members of the County Engineering Staff have met with Ms. Gregory and visited the area. Staff has reviewed engineering plans associated with Gordon Woods Subdivision when it was first designed and constructed. It was concluded that the drainage plan met the regulations in place when the plan was approved for the Gordon Woods Subdivision. The subdivision is located in a low flat area, and the drainage ditches serving the subdivision need to be cleaned of vegetation and debris. Mr. Tim Gregory presented a lengthy presentation on existing drainage problems in the Gordon Woods area. Pictures and a map of Gordon Woods were presented showing flooding that occurs during heavy periods of rain where five to six inches fall within one or two hours. Storm water runoff from Gordon Woods Road, Autumn Leaves Court, Winter Moss Road, LaCrosse Place, and Ivory Court are draining into one ditch. There is only one outlet pipe carrying the water away from the area. The developer, Bill Grathwol, did install a larger pipe; however, the outlet pipe appears to be flowing uphill instead of downhill. Mr. Gregory informed the Board that flooding during the last rainfall became so severe that his wife called the Engineering Department for assistance. She was told that New Hanover County does not have a drainage plan and the County is not responsible for the drainage problem. Also under the Declaration of Rules and Regulations for Gordon Woods Subdivision, the residents are responsible for cutting and cleaning out drainage pipes and the drainage ditch. These are 24-inch pipes that are difficult to clean. After discussing this matter with a number of people, they do not feel the homeowners should be responsible for pipes underneath the ground. In closing, Mr. Gregory said it would be impossible for his house to be sold with existing flooding on his site. A disclosure of the flooding problem would be required, and no one would be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 360 interested in purchasing the property. He said since New Hanover County approved a drainage plan that has not worked, he feels that New Hanover County should be responsible for the problem or at least assist the residents with correcting the problem. Mr. Eddie Crowell, a resident across the street from Mr. Gregory, informed the Board that since Gordon Woods Subdivision was constructed, Alamosa Place, Saratoga Place, Meadow Brook, and Sun Coast Villa have been constructed with removal of hundreds of trees. This has created the flooding in the area. With inadequate drainage pipes and ditches, the flooding will only increase. He requested the Board to provide some type of assistance to the property owners before another hurricane strikes and water floods every home in the area. Chairman Caster expressed appreciation to Mr. Gregory and Mr. Crowell for the presentations, and he said at this time the County does not have an answer to the problem. The County Commissioners and Staff have been exploring the development of a comprehensive county- wide drainage plan; however, millions of dollars will be required to pay for the project. The problem is frustrating to the residents as well as the Board of County Commissioners. Assistant County Manager Weaver reported that after a visit by Staff to the Gordon Woods Subdivision, it was determined that the ditches need to be cleaned out and maintained. Without a county-wide drainage plan, New Hanover County is not responsible for maintaining ditches. He presented the following actions that are being taken by the County to address drainage: Pages Creek Watershed Study: Approximately two years ago, the Board of County Commissioners realized the need to perform a comprehensive study of drainage in New Hanover County. Funding was appropriated to hire the engineering firm of Dawson and Associates to perform a comprehensive drainage study on Pages Creek. The purpose of the study was to determine hydraulic flows, locate drainage ways, and identify problem areas. After analyzing the data, they determined it would cost approximately $32,000,000 to correct the drainage problems in the Pages Creek Watershed. Development of Comprehensive Drainage Regulations: The second phase of the drainage process is to develop a set of comprehensive drainage regulations and a storm water design manual. Dickson & Associates has been hired to perform this work. Once the study has been completed, there will be new comprehensive drainage regulations that will be much better than existing regulations because a new subdivision will have to fit into the overall drainage system of an entire area and consideration must be given to the impact of the subdivision on upstream and downstream development. Study of Drainage Problems in Hidden Valley: The Board of County Commissioners directed Staff to hire Dickson & Associates to study the drainage problems in Hidden Valley and prepare feasible options to resolve the problems. Once this study is completed, the Board of County Commissioners will select an option and the benefited property owners will be assessed to pay for the work. From the preliminary analysis, it appears this could be costly to the property owners. Snag and Drag Projects: Disaster funding was received from FEMA and HUD to clean out hurricane debris from clogged ditches and drainage ways. The disadvantage to this program is that only hurricane debris can be removed from the ditches and drainage ways. The snag and drag funding cannot be used in Gordon Woods to clean out sediment and vegetative debris in ditches. Discussion followed on the excessive cost of drainage projects. Assistant County Manager Weaver informed the Board that implementing a comprehensive drainage program for New Hanover County will be costly and require a long period of time. Vice-Chairman Greer stressed the importance of everyone understanding the amount of money needed to pay for the watershed projects. The estimated cost of the project to correct drainage problems in the Pages Creek Watershed was $32,000,000. With ten different watersheds, the total cost of a comprehensive drainage plan for New Hanover County will be $320,000,000 which NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 361 represents a cost of $2,133 per person. The cost for a family of four would be $8,532 for that household. This is the problem facing the Board of County Commissioners when trying to decide on how to address drainage in New Hanover County. Ms. Susan Gregory, a resident of Gordon Woods, advised that a surveyor designed the drainage plan for Gordon Woods and a County Engineer approved the plan. The drainage system has not worked. For the past five years, every heavy rainfall becomes a problem to the residents living in the subdivision. She requested the Board to install larger pipes and correct the uphill outfall drainage flow. After contacting the developer, she feels that since New Hanover County approved the plan, the County should be responsible for correcting the problem. Assistant County Manager Weaver responded that pursuant to North Carolina Law, a registered land surveyor is allowed to design a plan for a subdivision. Chairman Caster expressed appreciation to Mr. and Mrs. Gregory and Mr. Crowell for their comments, and he said the County will continue to work on resolving the problem. PRESENTATION ON ANALYSIS OF IMPEDIMENTS AND FAIR HOUSING CONCERNS FOR NEW HANOVER COUNTY Assistant County Manager, Patricia A. Melvin, reported the Analysis of Impediments to Fair Housing followed by development of an Action Plan was required by HUD when New Hanover County received $1,800,000 in disaster recovery initiative funds. The Analysis of Impediments to Fair Housing and the Action Plan were prepared by Ken Weeden & Associates. Information from land use reports, land use policies, surveys, zoning ordinances, and fair housing policies was used in preparing the study. Meetings were held with local executives and businesses in the region. The results of the report showed that New Hanover County does not have any major impediments to fair housing stemming from existing County policies or regulations. The primary impediment identified was related to mortgage financing and some elements of discrimination in buying and selling. In closing, Assistant County Manager Melvin said the results of the report provided an opportunity for New Hanover County to take a proactive stance on the Home Mortgage Disclosure Act analysis. She introduced Mr. Wes Beckner, a member of the Fair Housing Coalition to present the report. Mr. Wes Beckner reported the Fair Housing Coalition began meeting in March 1999. The purpose was to recognize and understand the nature of the County’s fair housing problems and to develop strategies to resolve these issues. The Coalition is a racially diverse group comprised of leaders throughout the community representing banking, lending, real estate, and key government institutions. The first step was to gain an understanding of the Impediments and Fair Housing Report to define fair housing concerns. This involved a process of developing a context map to reflect on-going education programs; equity in treatment; housing supply being available along income lines; property appraisals conducted in the same manner for all people; continued collaboration among housing professionals, government and community action groups; and lenders aggressively seeking affordable housing loans to eliminate the fair housing issue. In order to move from this point, the current state of conditions had to be reviewed from the data provided in the Impediments to Fair Housing Report. There were defined as follows: 1.Higher loan denial rates for minorities. 2.Increasing development costs and lack of incentives to develop affordable housing. 3.A lack of education in financial planning. 4.Not enough affordable housing or housing for those with special needs. 5.Complex causes of fair housing problems. 6.Racial steering in rental and purchasing of properties. 7.A lack of diverse economic opportunities. 8.Fewer minorities employed in lending and housing brokerage firms. 9.Active loan programs from banks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 362 10.Limited use of Community Development Corporation by lenders. After identifying strengths and barriers, the following strategic levers were developed to assist with trying to move from the current state to the future state: 1.Develop an education strategy. 2.Improve existing programs. 3.Include other stakeholders. To fill the existing gaps, two teams were developed to gather information and communicate information: Clarification Team: 1. The purpose of this team was to gain success in home ownership by enabling all potential homeowners to be aware of available financing programs and to develop a better understanding of debt management and the loan application process. The assigned task was to facilitate an environment aimed at assisting both the customer and financial institutions in identifying the product that best fits the needs of the customer. This task was accomplished by providing the following items: -A list of financial institutions, products, and government programs currently available for potential home buyers including down payment assistance. -A list of available affordable housing. -A list of required documentation, process, and requirements for loan applications. -A design for a consumer credit counseling program with a list of credit agencies. -An education process for banks and financial institutions on consumer needs. Communication Team: 2. The purpose of this team was to make available relevant and reliable information about housing to persons without knowledge of the housing industry. The assigned task was to communicate information dealing with fair housing to the public and housing industry and to develop a plan for delivery of the information in a way that meets desired outcomes. This task was accomplished by preparing and implementing the following items: -A Report and Action Plan. -A monitoring system. -Documents containing housing information. -Establish a clearinghouse for the information. -Provide a mechanism to forward data to persons in need of information. In closing, Mr. Beckner said the Fair Action Housing Plan has been submitted to the Board of County Commissioners. If the Commissioners approve the plan, the next step will be to prioritize the goals and implement plans to fulfill the goals. He expressed appreciation to the Commissioners for allowing him to serve on the Fair Housing Coalition. Assistant County Manager Melvin requested the Board to accept the Analysis of Impediments to Fair Housing Report, approve the Action Plan, and provide direction to the Fair Housing Coalition concerning implementation of strategies. All members have agreed to continue to be a part of the process to achieve the desired results. Discussion was held on establishing a time frame of 90 to 120 days. Assistant County Manager Melvin advised that HUD provides a period of four years to complete the action steps. She said that 90 to 120 days would be an aggressive schedule; however, the group could provide an interim report within that time frame. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 363 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to accept the Analysis of Impediments to Fair Housing Report, approve the Action Plan, and request the Fair Housing Coalition to continue this process with an interim report presented to the Board of County Commissioners within 120 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster, on behalf of the Board, expressed appreciation to the members of the Fair Housing Coalition for the time and effort given to this project. ADOPTION OF RESOLUTION APPROVING THE WILMINGTON URBAN AREA TRANSPORTATION PLAN Assistant County Manager, Dave Weaver, said the Community Growth Planning Team is requesting many organizations throughout the area to endorse the plan so when the plan is presented to the N. C. Department of Transportation, it will have full support of the region. Motion: After discussion of changing the resolution to state that two public forms were held in New Hanover County, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the amended resolution to approve the Wilmington Urban Area Transportation Plan and to request the Transportation Advisory Committee to adopt the plan so it can be submitted to the North Carolina Department of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of a resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 15. BREAK Chairman Caster called a break from 7:50 p.m. until 8:05 p.m. ADOPTION OF ORDINANCE UPON THE FIRST READING TO AMEND THE NEW HANOVER COUNTY CODE, CHAPTER 6.7 BY ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE V, HAZARDOUS MATERIALS REPORTING FEE AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #00-0002 Director of Emergency Management, Dan Summers, reported the Department of Emergency Management and the Hazardous Materials and Emergency Planning Committee are requesting the Board of County Commissioners to enact an ordinance requiring facilities which store hazardous materials in New Hanover County to pay an annual reporting fee. The fee will support emergency response planning and programming for chemical and hazardous materials incidents. The Hazardous Materials and Emergency Planning Committee is a partnership of local business, industry, hospitals, governmental agencies and the general public sanctioned by the Department of Emergency Management and the Board of County Commissioners. The hazardous materials to be reported and fees levied are based on the list of chemicals and quantities as required under the Superfund Amendments and Re-authorization Act, the North Carolina Right to Know Statute, OSHA Process Safety Management and the U. S. Environmental Protection Agency. In closing, Director Summers informed the Board that the proposed fee will not impact retail sales. The industries that will participate in the program consider the fee as a minor cost of doing business compared to the thousands of dollars that could be spent in a potential hazardous materials incident. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt an ordinance amending Chapter 6.7 of the New Hanover County Code by adding a new article entitled “ Article V, Hazardous Materials”, adopt the Reporting Fees Schedule, authorize the Department of Emergency Management to collect hazardous materials reporting fees, and approve the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 15. The ordinance will be codified into the New Hanover County Code. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 364 Budget Amendment #00-0002 - Emergency Management Department DebitCredit Hazardous Materials Chemical Fee $15,000 Salaries and Wages $15,000 Explanation: To budget hazardous materials reporting fees to fund a portion of the Emergency Management Specialist position. WITHDRAWAL OF PLAN TO DEVELOP A NEW FEDERAL POINT VOLUNTEER FIRE DEPARTMENT STATION Chairman Caster announced that at the request of Staff, this item has been withdrawn, and he advised it would be placed on a future agenda. PUBLIC HEARING ON THE MASON INLET RELOCATION PROJECT County Attorney Copley reported that on June 21, 1999, the Board of County Commissioners adopted a Preliminary Assessment Resolution providing for a beach erosion control project to relocate Mason Inlet approximately 3,000 feet north of its present location and to use the excavated sand to close the existing inlet and renourish the beaches of Figure Eight Island. North Carolina General Statute 153A-195 requires the Board of County Commissioner to conduct a Public Hearing to hear all interested persons with respect to any matter covered by the Preliminary Assessment Resolution. County Attorney Copley requested the Chairman to open the Public Hearing. Chairman Caster opened the Public Hearing. Mr. Frank Pinkston, Chairman of Mason Inlet Preservation Group (MIPG), presented background information on the proceedings held to reach a final agreement on an Assessment Resolution to reimburse New Hanover County on the initial funding of the Mason Inlet Relocation Project. He reported the Board of County Commissioners voted tentative approval of the project on February 15, 1999. At that time, the MIPG was requested to develop a financial plan and to obtain approval from a majority of the benefitted property owners for support of the project and payment of the assessments to reimburse New Hanover County. The MIPG recognized from the beginning that benefits derived from the relocation of the inlet would be different for residents living on the northern end of Wrightsville and residents of Figure Eight Island. Therefore, an agreement was reached on the breakdown of the total cost of the project between Figure Eight Island and Wrightsville Beach. Both groups proceeded to work out a fair share allocation of these costs to the benefited property owners. Methodology was developed for allocating the assessments and the financial plan was presented to the 1,044 benefitted property owners for approval. The response and approval rate to the survey were phenomenal. Response was received from 70% of the property owners with 91% approving the project and assessment allocations. On April 19, 1999, the results of the survey were presented to the Board of County Commissioners and the county sponsorship of the project was approved. A Preliminary Assessment Resolution was prepared and adopted by the Board of County Commissioners on May 17, 1999 with a Public Hearing scheduled for June 7, 1999 to consider a final resolution. During this preparation period, the MIPG working with the County Legal Staff experienced some difficulty in developing assessment allocations that would be close to the amounts provided to the benefitted property owners and still comply to the North Carolina General Statutes. This action created a delay and the Public Hearing scheduled for June 7, 1999 had to be postponed. After considerable rework and legal review to ensure that the new Preliminary Assessment Resolution met all General Statute requirements, the resolution was adopted by the Board on June 21, 1999. This Preliminary Assessment Resolution with complete details of assessment allocations for each benefitted property owner was then mailed to all owners along with an announcement of the Public Hearing being held tonight. Mr. Pinkston explained why the assessment allocations vary slightly for the Wrightsville Beach property owners from first assessments sent out by MIPG. The methodology used for both NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 365 assessments was similar with minor differences. The distance from the inlet was a primary factor in both formulas since this reflected the degree of risk and degree of benefit to the property owners. The other primary factor was the value of individual properties. In the initial formula developed by the MIPG, the total value, which means land plus improvements, was used; however, it was found that North Carolina General Statutes specifically state that land value without improvements must be used to determine the assessment amounts for the benefited property owner. This change in the formula resulted in an increase of the assessment amount for several undeveloped properties and a few properties with lower valued improvements. The basic effect of the change is that the value portion of the formula becomes more equal for all benefitted property owners placing more emphasis on the distance from the inlet. Since the revised resolution has been mailed, the MIPG has not received any complaints on the changed assessments. There has been only one inquiry to the Tax Office requesting an explanation of the change. Discussion has been held with that person and there is a clear understanding of why the change occurred. Property owners have been advised that the assessment amounts are based on the current estimated total cost of the project. In the event the final cost varies, the property owners have been informed that the relative percentage of their assessments will remain the same. The MIPG and its legal advisors feel the revised Assessment Resolution not only meets the fair share criteria established initially but is in total compliance with the North Carolina General Statutes. In closing, Mr. Pinkston commented on the tight time frame of the upcoming dredging season, and he stated the recent delay has created a loss of valuable time. He requested the Board of County Commissioners to approve the final Assessment Resolution so the contract award can be made to proceed with the Mason Inlet Relocation Project. Mr. Bill Raney, the Attorney representing the Figure 8 Beach Homeowners Association, reported that when New Hanover County indicated a willingness to sponsor the project in February 1999, the County Commissioners requested the MIPG to develop a financial plan. From the beginning, the MIPG and its engineering consultant, ATM recognized that benefits of the project were different for the Wrightsville Beach and Figure Eight Island sides. The first decision was to allocate the cost between the two sides and move forward. The Figure 8 Beach Homeowners Association Board of Directors considered several possible approaches for determining the assessment allocations. The Board of Directors quickly came to the consensus that the island as a whole would benefit from the Mason Inlet Relocation Project. The Directors felt that all residential lots should be considered benefitted properties and should be assessed for a portion of the project cost. The next step was to determine if the assessment should be equal for all lots, which is the usual approach for most homeowner associations. After considerable discussion, the Directors decided to follow a simple formula whereby the oceanfront property owners would be assessed at twice the rate of non-oceanfront property owners. It was the feeling of the Directors that development of a more complex formula would be time consuming. Explanatory information and the proposed formula were submitted to the owners of the 563 lots on Figure Eight Island. Each owner was requested to approve the formula. Prior to the deadline for returning the ballots, a meeting was held by the Figure 8 Beach Homeowners Association and some of the members, including some non-oceanfront properties owners, suggested the assessment should be equal for property owners under the basis of the single island concept. Another property owner suggested using three categories of assessments: (1) oceanfront property owners at the highest rate of assessment; (2) non-oceanfront property owners on the south end of the island at a reduced rate of assessment; and (3) non-oceanfront property owners on the north end of the island at a reduced rate lower than non-oceanfront property owners on the south end of the island. After the meeting, the number of ballots returned by the deadline were 329 votes in favor of the formula proposed by the Figure 8 Beach Homeowners Association and 54 votes in opposition with 180 non- voting members. This was a fairly significant margin of property owners in favor of the project. This information was forwarded to the MIPG and the results were reported to the Board of County Commissioners who decided to move forward with the project using the special assessment provisions in the General Statutes. In developing the Preliminary Assessment Resolution, it was discovered that establishment of two benefit zones, oceanfront and non-oceanfront, had to be determined by the land area or the land value as one of the bases for the assessment process. The land area assessment was selected for property owners on Figure Eight Island; however, it was discovered NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 366 later that land value assessment would better meet the two to one ratio for oceanfront and non- oceanfront lots. The land value assessment had been incorporated into the final Assessment Resolution being considered by the Board of County Commissioners. In addition to the required Public Notice, all property owners of Figure Eight Island were given notice of the Annual Figure 8 Beach Homeowners Association meeting that was held on Saturday, July 10, 1999. Only 1 member out of 50 members attending the meeting objected to the assessment plan. The remaining members were in favor of the proposed plan. The Figure 8 Beach Homeowners Association Board of Directors has strived to develop a workable and fair basis for determining assessments to the benefitted properties at Figure Eight Island while still working within constraints of the North Carolina General Statutes. The Directors have kept the property owners advised of the various proposals and changes each time they have occurred. The Figure 8 Beach Homeowners Association Board of Directors joins the MIPG and respectfully requests the Board of County Commissioners to adopt the proposed Final Assessment Resolution and proceed with the project as quickly as possible. Commissioner Birzenieks asked Attorney Raney if the plan presented was in full compliance to the existing General Statutes regarding assessments. Attorney Raney responded the plan does comply with all North Carolina General Statutes. Chairman Caster asked if anyone from the public would like to comment. Mr. Raymond C. Parker, a resident of 323 Beach Road North, strongly objected to the statements made by Attorney Raney and insinuated that Attorney Raney was a spin-doctor for the Figure 8 Beach Island Homeowners Association Board of Directors. He informed the Board that 42% of the property owners on Figure Eight Island did not return a ballot. This means that only 58% of the property owners agreed with the proposal, which is not what was said by Attorney Raney. The proposed resolution should not have been written by Attorney Raney because the Figure 8 Beach Homeowners Board of Directors is not assessing the property owners. The Board of County Commissioners should have prepared the document because New Hanover County is assessing the property owners under the authority granted by the North Carolina General Statutes. The General Statutes are not being followed. Mr. Parker spoke on the County Attorney stating there are no glitches in the resolution, and he read the following portion from NCGS 153A-186(c), to prove that the County Attorney’s statements were incorrect: NCGS 153A-186(c): Whenever the basis selected for assessment is either area or valuation, the Board of County Commissioners shall provide for the laying out of one or more benefit zones according..... (ii) in beach erosion control, the distance from the project, the elevation of the land or other relevant factors. If more than one benefit zone is established, the Board shall establish differing rates of assessment to apply uniformly throughout each benefit zone. (d) For each project, the Board of County Commissioners shall endeavor to establish an assessment method from among the bases set out in this section that will most accurately assess each lot or parcel of land according to the benefit conferred upon it by the project. Mr. Jackson said if the proposed resolution is adopted by the Board of County Commissioners, he would carry this matter through the court system up to the North Carolina Supreme Court based on the facts outlined in NCGS 153-A186(c). He requested Attorney Raney and Attorney Copley to show him where in the resolution consideration was given to the words just read from the North Carolina General Statutes. He said the resolution was invalid and would not stand court scrutiny. County Attorney Copley responded that all three attorneys involved in the process held meetings for several days when the resolution was drafted. Consultation was made with Mr. Jake Wicker, author of Assessment Statute at the Institute of Government, to be sure the document was NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 367 in compliance with NCGS 153A-186, Bases for Making Assessments. Mr. Parker has a right to go to court, but all three attorneys involved in the process have done everything possible to comply to State Law. Mr. Daniel Pearson , a Licensed Professional Geologist in the State of North Carolina, emphasized the importance of an unbiased comprehensive study of Mason Inlet being performed before beginning the relocation project. Once the County Commissioners adopt the resolution, New Hanover County will become an inlet mover and manager of the inlet, which is a complex issue. Before moving an inlet, it is imperative to know what geologic processes have caused the inlet to move and what the manmade processes are that interfere and alter the inlet’s behavior. Inlet migration is a natural process that happens for a reason. A tremendous amount of data has been gathered on the movement of Mason Inlet. This information needs to be presented to the Board of County Commissioners and the citizens. Another issue of concern is the information that has been conveyed to the public. The primary source of information is the local newspaper. Unfortunately, much of the information published in the newspaper is misleading and erroneous. The public and the Board of County Commissioners need to have the facts before a final decision is made. Mr. Pearson informed the Board that he had completed a draft study of Mason Inlet. This study was presented at East Carolina University through acceptance of an invitation from Dr. Stanley Riggs, a premier coastal scientist known throughout the nation and world. The draft study is comprised of three parts: (1)Raw Data: If raw data is presented, most people can draw a conclusion without having to have a background in science. (2)Geologic Interpretation: This process is where experiences are plugged into the data and relationships are developed on how the inlet migrated. From this information, it can be concluded why the inlet has migrated. (3)Intricate Processes: More intricate processes are developed with deflection and breeching of the inlet. This process has been disturbed by four major dredging and beach nourishment projects in the Mason Inlet area. In closing, Mr. Pearson stressed the importance of the Board of County Commissioners and citizens knowing the facts about the inlet before proceeding with the relocation project. He offered to provide the findings of the study free of charge to County and its citizens. He said as a citizen, he was in favor of the project, but as a scientist, he feels there is a need for an unbiased comprehensive study of Mason Inlet to be performed before beginning the project. Chairman Caster expressed appreciation to Mr. Pearson for the offer and requested him to give the report to Assistant County Manager Dave Weaver. Mr. Pearson expressed concern for providing the draft study to the newspaper before the document is reviewed by the Board of County Commissioners. He said that he would be glad to present the study in a 45-minute session so it could be thoroughly explained to the Board. County Attorney Copley pointed out that it is the responsibility of the County Commissioners to decide if they want to adopt the resolution and move forward with the project. Mr. Frank Pinkston referenced the study conducted by Mr. Pearson and stated much of the work mentioned is in the process of being performed. He welcomed any input that can be provided by Mr. Pearson to the consulting engineering firm, and he requested the Board to consider adoption of the resolution so the project can begin. Mrs. Charlotte Murchison, a resident of Wrightsville Beach, said when this massive dredging project is accomplished, there will no guarantee that relocation of the inlet will not cause erosion further down the beach. The U. S. Army Corps of Engineers constructed the first jetty at Masonboro to stabilize the inlet and the ocean began eroding the southern end of Wrightsville Beach at an alarming rate. When the second jetty was constructed, the sand began to accumulate on the southern NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 368 end of Wrightsville Beach and erosion began on Masonboro Island. No one can predict what extensive manipulation of coastal waters and shores will produce. Mrs. Murchison asked whether the Board will accept responsibility for repairing damages elsewhere on Wrightsville Beach that may result from this massive dredging, since the County Commissioners have endorsed this project by lending money. Mr. Larry Holloman, a resident of Lexington, Kentucky, informed the Board that he owned a vacation home on Wrightsville Beach and stated that philosophically he has a problem with disturbing mother nature. When he and his wife decided to purchase property at Wrightsville Beach, they knew the risk involved with oceanfront property. He said there is no way to ensure that relocating the inlet will provide long-term protection for this area of the beach. Chairman Caster closed the Public Hearing and called for a motion on the proposed resolution. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to adopt the Final Assessment Resolution. Commissioner Birzenieks stated, for the record, he would vote in opposition as matter of consistency. Vice-Chairman Greer noted that rendering a decision on this issue had been difficult. He said if Shell Island Resort is allowed to fall in the ocean, the taxpayers will probably be responsible for cleaning up the debris. With debris and brickbats floating on the water and washing on shore for years to come, Wrightsville Beach and other beaches will not be an attractive place to visit. In this case, the property owners have requested the County to assist them through the use of the Room Occupancy Tax fund, which is paid by visitors when renting rooms in New Hanover County. The money withdrawn from this account will be reimbursed to the County through property assessments. No property tax funds will be used for the project. In concluding his remarks, Vice-Chairman Greer stated the proposed project should resolve the problem for a number of years. He said, in his opinion, this is a much better gamble for the area than allowing the Shell Island Resort to fall into the ocean. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Birzenieks Commissioner Davis A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 15. ADOPTION OF CAPITAL PROJECT ORDINANCE FOR MASON INLET RELOCATION PROJECT, APPROVE CONTRACT #99-0359 WITH ATM FOR ENGINEERING AND CONSULTING SERVICES FOR THE MASON INLET RELOCATION PROJECT, AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2000-02 County Engineer, Greg Thomspon, reported that on June 7, 1999, the New Hanover County Board of Commissioners awarded the engineering contract to Applied Technology Management (ATM) for design and construction of the Mason Inlet Relocation Project contingent upon the Board approving the final Preliminary Assessment Resolution for relocation of Mason Inlet. The cost of the engineering services are under negotiation and the funding for the project will come from the Room Occupancy Tax fund balance. He requested the Board to adopt the Capital Project Ordinance, approve the associated budget amendment and approve the ATM contract upon a satisfactory negotiation of the terms. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 369 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the Capital Project Ordinance, approve Budget Amendment #2000-02, approve Contract #99-0359 with ATM, contingent upon a satisfactory negotiation of the terms, and authorize the County Manager to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 15. A copy of the contract is on file in the Legal Department. Budget Amendment #2000-02 - Mason Inlet Relocation Capital Project/Room Occupancy Tax Fund DebitCredit Room Occupancy Tax Fund: Appropriated Fund Balance $605,000 Transfer to Capital Project $605,000 Mason Inlet Relocation Capital Project: Transfer in from Room Occupancy Tax Fund $605,000 Capital Project Ordinance $605,000 Explanation: To establish the budget according to the Capital Project Ordinance. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO CLARIFY THE CLUSTERING OF RESIDENTIAL UNITS ON LANDS CLASSIFIED “CONSERVATION” ON THE LAND CLASSIFICATION MAP (A-289, Revisited 4/99, 5/99) Chairman Caster reported that Staff was requested to prepare the zoning text amendment; however, at the Staff Meeting held on Thursday, the Board decided that a Work Session should be scheduled to better understand the proposed amendment and take a field trip to see how the proposed regulations will impact existing conservation land. He advised that since the Public Hearing had been advertised, the Board would receive public comments. He requested all persons speaking to limit their remarks to three minutes. Mr. Johnnie N. Henagan, President of the Council of Neighborhood Associations, Inc., informed he Board that members of the Council were unanimously opposed to the proposed text amendment recommended by the Planning Board. He said when the Work Session is held, the recommendation of the Council of Neighborhood Associations, Inc. will be presented to the Board. Ms. Jackie Mardan requested the Board to consider the recommendation of the Planning Staff instead of the recommendation submitted by the Planning Board because the Staff proposal will not allow increased density along the waterways. She said many of the residents living on River Road are strongly opposed to the text amendment recommended by the Planning Board. Mr. Terry Bache, representing the Wilmington-Cape Fear Home Builders Association, reported on the involvement of the Association in preparation of the proposed text amendment, and he said that he was looking forward to discussion of this matter at the Work Session. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to table the Public Hearing to consider the text amendment and schedule a Work Session to discuss this matter before receiving public comments. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 9.2 AND 9.3 REMANDED BACK TO THE PLANNING BOARD FOR CONSIDERATION OF A REZONING REQUEST BY KENNETH PARKER FOR JUANITA FARROW AND MINNIE VOWELL(Z-660, 6/99)AND CONSIDERATION OF A REZONING REQUEST FOR HAYES AND SANDRA CORBETT(Z662, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the land classification for this property is Resource NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 370 Protection which encourages the protection and preservation of important natural, historic, scenic, and wildlife resources. Residential density should not exceed 2.5 units per acre. Non-residential uses are permitted if these resources are not impacted. This is an appeal case because it was denied by the Planning Board. He stated the Planning Board vote 6 to 0 to deny the rezoning request because of concerns about off-site drainage impacts, the different uses permitted in a B-2 Business District, the depth of the commercial rezoning and its encroachment into nearby lots, security factors, noise, and trash pick-up. The agenda package contains a map of the Porters Neck area and the future access to the property via Futches Creek Road. Chairman Caster asked if the petitioner would like to comment. Mr. Kenneth Parker, representing the petitioners, Juanita Farrow and Minnie Vowell, reported the 8.5 acre tract dead ends after leaving Porters Neck Road. He called on Ms. Wendy Larimer with UNCW to comment on the project. Ms. Wendy Larimer, representing North Carolina Marine Trade Services, part of the Small Business and Technology Development Center at UNCW, reported the company provides consulting services for marine businesses across the state. After surveying the northern part of New Hanover County, the following conclusions were drawn: ? With the expanding population in New Hanover County and Pender County, it has become difficult for residents to find water storage for boats. The other alternative is land storage. The proposed boat storage facility will fulfill a need in the northern part of New Hanover County. ? Industry studies indicate that sizes of boats being purchased are larger, which means that more boat storage facilities are needed. ? Many new subdivisions are prohibiting the storage of boats and trailers in yards, which means that more boat storage facilities are needed. Mr. Kenneth Parker commented on a study that was performed a few years ago and he reported one recommendation in the study was the need for water access and storage of boats in the northern area of New Hanover County. The proposed facility will not negatively impact the area because of setbacks and the use of directional lighting to avoid creating a nuisance to surrounding properties. The property has a 325 foot road frontage, and the petitioners are willing to install a fence and planted buffer to protect the residence of Ms. Moore located behind the proposed boat storage facility. Mr. John Bradshaw, owner and operator of Scotts Hills Marina, reported the purpose for the B-2 Business zoning request is to place a boat storage facility on the back of the site. The Scotts Hills Marina Repair Shop will be moved to Market Street and there is a possibility of locating a sales center next to the shop. No structure will be placed on the site that does not conform to the surrounding neighborhoods. He presented a map and plan for development of the site and said that many of the neighbors were satisfied with the plan. He requested the Board to approve the rezoning so a boat storage facility can be located in northern New Hanover County. Chairman Caster asked if anyone from the public would like to comment. Mr. Gene Parker, a resident of the Scotts Hills area, said the Scotts Hill Marina is an excellent example of how a business located in a residential area can provide a needed service to the community. Mr. Brad Benson, an property owner next to Scotts Hill Marina, said the marina had never been a problem because it is well maintained and operated. Mr. Mac Moore, father of Allison Moore, whose house is located in the center of the property, read a letter from his daughter who strongly opposes the B-2 Business zoning because of commercial encroachment into a residential area. Mr. Moore said if the rezoning is approved and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 371 the business closes at a future date, the door will be open to any uses permitted under B-2 Business zoning. The proposed use will create noise, trash and the possibility of burglary in the area. In closing, Mr. Moore presented a picture of his daughter’s house and he requested the Board to deny the proposed rezoning on behalf of his daughter. Mr. Randall Cothren, a resident of 301 Porters Neck Road, expressed concern for having commercial property adjacent to his backyard and he stated this facility will destroy the quality of life in the area. He requested the Board to deny the rezoning request. Mr. Tom Mayland, a partner of Mr. Bradshaw, said that he and Mr. Bradshaw have no intention of constructing a facility that will negatively impact the neighborhood. When I-40 intersects this property, the site will be zoned for commercial use; however, the citizens have an opportunity for the property to be developed in a desirable manner that will protect the residential character of the area and provide a service to the community. Ms. Sonya Lee, a resident of 201 Porters Neck Road, reported her property was located on the first lot behind the Exxon Station on the corner. She spoke in favor of the project and said she felt that Mr. Bradshaw would not place a facility in the area that would have a negative impact on the surrounding neighborhoods. Mr. W. C. Lanier, a resident of Scotts Hill, said he did not have a problem with living next door to a boat storage facility. There being no further remarks, Chairman Caster closed the Public Hearing. Chairman Caster reminded the Commissioners that the responsibility of the Board is to decide on the rezoning and uses that will be allowed in a B-2 Business District. The fact that Mr. Bradshaw currently operates an excellent facility is not the key issue. Commissioner Davis asked why the Planning Staff recommended denial. Planning Director Hayes responded that the petition submitted is for B-2 zoning which does not allow for any control on how the property will be developed. Under conditional use zoning, a site plan has to be submitted and the Commissioners have an opportunity to place conditions on the use of the property. Commissioner Howell asked why the petitioners did not request conditional use zoning so some controls could be placed on the B-2 use. Mr. Bradshaw responded under conditional use, the units cannot be sold. Mr. Parker said after discussing this matter with the potential buyer, if the house in front of Ms. Moore, which is currently zoned B-1, can be rezoned to B-2, the remaining site can be granted under a Special Use Permit to protect Ms. Moore’s property. County Attorney Copley informed the Board that granting a Special Use Permit would require submission of the application to the Planning Board. Planning Director Hayes informed the Board that Mr. Parker could apply for a conditional use permit. If the request is denied, the petitioners will have to wait 12 months to resubmit the request. BREAK Chairman Caster called a break from 9:40 p.m. until 9:50 p.m. to allow the petitioners time to discuss conditional use zoning. Chairman Caster convened to Regular Session. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 372 Mr. Parker requested the Board to consider allowing the petitioners to apply to the Planning Board for conditional use zoning for Item 9.2 and 9.3. Motion: After discussion, Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to withdraw Items 9.2 and 9.3 and remand the petitions back to the Planning Board for conditional use zoning as requested by the petitioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL FROM COURTNEY WRIGHT TO REZONE APPROXIMATELY 1.16 ACRES OF PROPERTY LOCATED IN THE 7000 BLOCK OF CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-662, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board recommended denial of the request by a 6 to 0 vote. There were several residents from the Hillside Subdivision who spoke in opposition. Concerns ranged from traffic and potential drainage impacts to noise generated by dumpsters on nearby commercial properties fronting Carolina Beach Road. Other people expressed concerns about encroachments along McQuillan Drive and access to that residential street. There was some discussion about rezoning the property to Office and Institution but no consensus was reached by the Planning Board. Chairman Caster asked if the petitioner would like to comment. Attorney David Barefoot, representing the petitioner Courtney Wright, presented background information on the purchase of the land by Mr. McQuillan and reported that a vacant building is currently located on the site which has become an eyesore to the entire community. He requested the Board to rezone the property to B-1 Business so the property can be used for its highest and best use. Ms. Gretchen McQuillan Campbell, the daughter of Mrs. McQuillan, said there are three vacant buildings on the site. Currently, she and her sister have been left with the responsibility of taking care of her mother. Due to the poor condition of her mother’s health and the inability of her mother to maintain the buildings, the rezoning is requested to attract businesses that will upgrade the community and provide jobs for residents living in the area. She requested the Board to approve the rezoning. Sheriff Joe McQueen, a resident of 116 McQuillan Drive, reported on the existing business located in the neighborhood which has created noise, traffic, and an impact on the drainage to his lot and the adjacent lot. He said that complaints have been made about litter, noise and trash dumpsters with no relief. He questioned why another business should be placed near a residential area, and he requested the Commissioners to uphold the recommendation of the Planning Board and deny the rezoning petition. Ms. Marie Mitchell, a resident of 120 McQuillan Drive, commented on flooding of surrounding properties during heavy rainfalls and she urged the Board to deny the rezoning request. Ms. Lillian Ross, an adjacent property owner, reported on the problems with trucks serving businesses in the area, and she requested the Board to deny the rezoning request to protect surrounding residential properties. Attorney Barefoot said that flooding does occur in the area; however, this will not change if the property is rezoned. If new buildings are built, drainage regulations will have to be approved. If the property is not rezoned, the empty buildings will become more of an eyesore to the neighborhood. He said the proposed rezoning could provide new businesses to the area. Chairman Caster closed the Public Hearing. Commissioner Howell said that something should be done for that corner, but stated that he NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 373 could not support B-1 Business zoning. Motion: After discussion of concern for continued business encroachment into an established residential area, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to DENY the rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY DAVID BAREFOOT, REPRESENTING EVERLENA RAPER, TO REZONE APPROXIMATELY 1.49 ACRES OF PROPERTY LOCATED IN THE 6200 BLOCK OF CAROLINA BEACH ROAD, FROM OFFICE AND INSTITUTION TO B-1 BUSINESS (Z-663, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the Planning Board voted 4 to 2 to recommend approval of the rezoning after hearing comments from the petitioner about not being able to use the property under its present zoning classification. There was no opposition to the request at the Planning Board meeting. Commissioner Davis requested Planning Director Hayes to explain why the Planning Staff recommends denial of the rezoning request. Planning Director Hayes responded that with a large commercial district located to the north on Carolina Beach Road being vacant and under utilized, Staff feels the best use for the property is Office and Institutional because it provides a transitional district near a residential area. Chairman Caster asked if the petitioner would like to comment. Attorney Barefoot, representing Everlena Raper, reported the petitioner cannot use her property under the present zoning. He noted that in 1996, a former Board rezoned the property to Office and Institution; however, there has been no interest in the site under the current zoning. He requested the Board to approve the request. Ms. Billie Raper Boxley, the daughter of Mrs. Everlena Raper, requested the Board to approve the rezoning request to allow her mother to sell the property so she can care for herself in her old age. Chairman Caster asked if anyone present would like to speak in opposition. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve rezoning approximately 1.49 acres of property located in the 6200 block of Carolina Beach Road from O&I Office and Institution to B-1 Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows: Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Voting Nay:Commissioner Davis Chairman Caster A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 55. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 374 PUBLIC HEARING TO CONSIDER A REQUEST BY VERA WILSON AND JUNE GILBERT TO REZONE 1.57 ACRES LOCATED IN THE 2600 BLOCK OF CASTLE HAYNE ROAD TO O&I OFFICE AND INSTITUTION FROM R-20 RESIDENTIAL (Z-664, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board recommended approval of the rezoning request by a 6 to 0 vote. At the Planning Board meeting, neighbors were present who were in favor of the proposed rezoning. No one spoke in opposition to the request. Commissioner Davis asked if Staff agreed with the rezoning. Planning Director Hayes noted that Staff felt the northern part of the site should be rezoned to Office and Institution with the remaining property left zoned R-10 Residential. Chairman Caster asked if the petitioner would like to speak. Mr. Jerry Marley, speaking on behalf of his mother and aunt, requested the Board to rezone the property to Office and Institution to provide the best use of the property since it is surrounded by commercial uses. Chairman Caster asked if anyone from the public would like to speak in opposition. No remarks were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve rezoning 1.57 acres located in the 2600 block of Castle Hayne Road to O&I Office and Institution 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 THE ZONING MAP OF ZONING AREA NO. 10-A 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 10-A, Page 24. PUBLIC HEARING TO CONSIDER A REQUEST BY GEORGE SAUNDERS TO REZONE 2.29 ACRES LOCATED IN THE 8500 BLOCK OF MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-665, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board approved the rezoning request by a 6 to 0 vote after discussion of the Special Highway Overlay District requirements and rear line restrictions that will be imposed on the property. No one spoke in opposition to the request at the Planning Board meeting. Chairman Caster asked if the petitioner would like to comment. Mr. George Saunders, the petitioner, requested the Board to rezone the property to B-2 Business so he would be able to retire and take care of himself. Chairman Caster asked if anyone from the public would like to speak in opposition to the request. No other comments were presented. Chairman Caster closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 375 Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve rezoning 2.29 acres located in the 8500 block of Market Street to B-2 Business from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1991, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 73. PUBLIC HEARING TO CONSIDER A REQUEST FROM LEO NOWAK, REPRESENTING BILLIE MILLER, TO REZONE APPROXIMATELY 1.40 ACRES LOCATED IN THE 4900 BLOCK OF CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-666, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the Planning Board voted 6 to 0 to approve the rezoning request. The decision was based on the need to “square-up” the existing commercial zoning district boundary because it was near a median cross-over on Carolina Beach Road. Chairman Caster asked if the petitioner would like to comment. Mr. Leo Nowak, representing Ms. Billie Miller, reported on the property being surrounded by commercial uses, and he noted that property across the street was zoned B-2 Business. The site has a natural buffer, and the adjoining property owners are not opposed to the rezoning. He requested the Board to uphold the recommendation of the Planning Board and approve the request. Chairman Caster asked if anyone from the public would like to speak in opposition. No other comments were received. Chairman Caster closed the Public Hearing. Commissioner Davis requested the Planning Director to explain why Staff recommends denial of the rezoning request. Planning Director Hayes said with the potential for high density development in the area and the vacancy rate of existing commercial property to the south, Staff feels the property should remain R-15 Residential based upon adopted land use policies. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning 1.40 of an acre located at the 4900 block of Carolina Beach Road to B-2 Business from R- 15 Residential to square-up the existing commercial zoning district boundary. Upon vote, the MOTION CARRIED BY A 4 TO 1 VOTE AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Chairman Greer Voting Nay:Commissioner Davis A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 55. PUBLIC HEARING TO CONSIDER A REQUEST BY LEO NOWAK, REPRESENTING ROBERT DOWNING, TO REZONE 7.4 ACRES LOCATED IN THE 4800 BLOCK OF NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 376 CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-667, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported after a lengthy discussion of merits for using the property at a higher density residential vs. commercial, the Planning Board voted 5 to 1 to recommend rezoning parcels 3, 4, and 5 as depicted on the map prepared by the Planning Staff with the remaining property zoned R-15 Residential. Chairman Caster asked if the petitioner would like to comment. Mr. Leo Nowak, representing Robert Downing, presented a map of the site and reported that Mr. Downing has lived at this site for 60 years. Over the course of time, this area has seen growth from a two-lane highway to four-lane highway. Traffic has increased to 20,000 cars per day, and Mr. Downing has the opportunity to sell the property to a willing buyer. The recommendation by the Planning Board will allow the portion of the property marked in green on the map to be rezoned B-2 to a depth of 300 feet. The area marked in blue will be rezoned Office and Institution to provide a transitional zone to buffer adjacent residential uses. There is a natural buffer zone created by a 60 foot road at the back of the property. This is a dedicated road that will serve as an access road to residential properties on the back side of the property. Also, there is a wetland area comprised of ½ acre which will be another natural buffer and a creek on the other side that provides a natural buffer zone. He requested the Board to approve the rezoning 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. Commissioner Davis requested Planning Director Hayes to explain why Staff recommends denial of the request. Planning Director Hayes reported that Staff recommends denial of the request because of the potential for high density development and concern for where commercial development will be stopped on Carolina Beach Road. Motion: After further discussion, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the recommendation of the Planning Board to rezone parcels 3, 4, and 5 to B-2 Business with the remaining property zoned R-15 Residential. Upon vote, the MOTION CARRIED BY A 3 TO 2 VOTE AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Chairman Caster Voting Nay:Commissioner Davis Vice-Chairman Greer A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 55. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO HILL/WILLIAMS CONSTRUCTION, INC. FOR BUILDING A 32-LOT RESIDENTIAL HIGH DENSITY PROJECT SOUTH OF HORNE ROAD LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (S-442, 6/99) 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 be sworn in by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 377 The following persons were sworn in: Dexter Hayes Sherwin D. Cribb Planning Director, Dexter Hayes, reported the Planning Board recommended approval of the request after agreeing to some suggestions made by the Planning Staff. Several residents were present at the Planning Board meeting who spoke in opposition to the request because of concern for traffic, destruction of trees, and off-site drainage impacts. The changes made on the site plan are included in the agenda packet. Planning Director Hayes presented the following staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site will be served by county sewer and community water. B.A collector type street (public) will be built to serve the proposed 30-lot project. This street will connect to Carolina Beach Road. C.The site is located in the Myrtle Grove Volunteer Fire Department District. D.Fire hydrants are proposed for the project. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.High Density development is permitted by Special Use Permit in the R-15 Residential Zoning District. The site is currently zoned R-15 Residential. The site is also classified Urban Transition in the 1993 Land Use Plan. B.The property has direct access to a major thoroughfare, Carolina Beach Road. C.Public sewer and community water are available. D.Since the property density exceeds 2.5 units per acre, the first 1.5 inches of storm water must be detained on site. E.The required setback from adjacent residential uses is 2.75 times the building height. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.A wide variety of housing types are located in the general area, single-family, duplexes, and mobile homes. B.The primary use in the area is single-family. 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 is a wide variety of housing stock in the area. Several high density projects are currently under construction on the east side of Carolina Beach Road to the north and south. The highest concentration of duplexes in the area is just north of Horne Road on Long Branch Drive. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 378 B.Land on the project’s eastern boundary is zoned B-2 Highway Business. All other land bordering the project is zoned R-15 Residential. Silver Lake development is located to the south. Platted lots are located to the north. Chairman Caster asked if the petitioner would like to comment. Mr. Sherwin Cribb, RLS for Hill/Williams Construction, Inc., reported the property will be developed as a single-family high density project, not a multi-family project. All lots meet the 6,000 square foot requirement outlined in the Zoning Ordinance and all technical standards have been met. He requested the Board to grant the Special Use Permit. Chairman Caster asked Mr. Cribb if he agreed with findings of fact as presented by the Planning Director. Mr. Cribb concurred with the findings. Chairman Caster asked if anyone other person sworn in by the Clerk would like to testify. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to grant a Special Use Permit to Sherwin Cribb for Hill/Williams Construction to construct a 30-lot high density project south of Horne Road located on the west side of Carolina Beach Road based upon the findings of fact and evidence presented 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. PUBLIC HEARING TO CONSIDER A REZONING REQUEST BY JIM MCDONALD FOR STEPHEN AND ANNETTE KOHL TO REZONE APPROXIMATELY 1.4 ACRES LOCATED IN THE 5600 BLOCK OF CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-668, 6/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the property is located north of the Myrtle Grove Volunteer Fire Department directly across the street from the new traffic signal and intersection on Carolina Beach Road. The Planning Board rendered a split 3 to 3 vote on the proposed rezoning. Residents from the Brewster Place Subdivision, abutting the applicant’s property, were concerned about traffic, noise, and losing the quaint atmosphere that has existed in their neighborhood for several years. Most of the discussion focused on the setbacks and use of the back portion of the property. There was little concern about the development of the property fronting Carolina Beach road. Setback and buffer requirements in the Zoning Ordinance are based upon the height and size of the building which requires that half of the setback area must be retained as a natural vegetation buffer. The options before the Board are to approve the rezoning as requested, deny the request, or move the zoning line. If the zoning line is moved, no buffering will be required. Commissioner Davis asked if Staff recommends approval of the request. Planning Director Hayes responded that Staff did recommend approval. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 379 Chairman Caster asked if the petitioner would like to comment. Attorney Jim McDonald, representing the petitioners, Stephen and Annette Kohl, commented on the tax map presented in the agenda packet, and he informed the Board that a correction needed to be made to the map. There is an error on the tax map in the depth of Property #2. The property line extends southward because of the service road. This area has been condemned by the N. C. Department of Transportation which has resulted in 70 less feet of B-2 road frontage on Property #2. This loss of footage has impacted the ability of the petitioners to use their property because of the service road and traffic signal in front of the parcel. Attorney McDonald stressed the importance of the Board focusing on the purpose of B-2 Business zoning. A B-2 District is established to accommodate roadside businesses with a high volume of traffic located along collector or arterial highways. The proposed use complies with the intent of the Land Use Plan, which is reflected in the Staff recommendation. The property is located in close proximity to the Monkey Junction intersection, which is a major intersection in New Hanover County. The WalMart Shopping Center is located on the east side of the property slightly to the north. There is commercial development throughout this area, and there is no viable residential use for the back 160 feet of Mr. and Mrs. Kohl’s property. If the Board denies the proposed zoning, the property owners will not be able to use the back of the property. The only access to the property is by the service road at the traffic signal. The proposed plan is for construction of a custard store on the front of the property facing Carolina Beach Road. No plans have been developed for the back portion of the property. In closing, Attorney McDonald reported that Myrtle Grove Volunteer Fire Department supports the request. The adjacent neighbors in Brewster Place are concerned about their privacy, increased traffic, and noise. As indicated on the map, the depth of the subject property adjoins two lots in Brewster Place for the entire yard width and only three to four feet on a third lot. When addressing privacy concerns, the Zoning Ordinance addresses this issue with buffering. In addition, the lots in Brewster Place have a 25-foot wide sewer easement that runs parallel with the rear property line. This means that a 28-foot buffer zone will be required by the Zoning Ordinance in addition to the 25-foot wide sewer easement. Due to the lack of a natural buffer, the petitioners will be required to plant natural vegetation or install a fence. The petitioners have agreed to plant a natural buffer plus installation of a fence to protect the privacy of the neighbors. He requested the Board to approve the B-2 Business Zoning which complies to the Zoning Ordinance and Land Use Plan. Mr. Wilbur Davis, Chief of the Myrtle Grove Volunteer Fire Department, spoke in favor of the B-2 Business rezoning that will allow a quality family business to locate in the area. He informed the Board that the Myrtle Grove Volunteer Fire Department voted unanimously to support the rezoning. Chairman Caster asked if anyone present would like to speak in opposition to the proposed rezoning. Mr. Eric Wayne, a resident of Lot 4 in Brewster Place, commented on the 25-foot sewer easement and stated this was a majority of his backyard. He expressed the following concerns for rezoning the property to B-2 Business: (1) Property values for adjoining property will decrease because there is no plan for use of the proposed building on the back of the parcel. (2) The residents are concerned about being assured that a vegetated buffer and fence will be installed and maintained. (3)Under present traffic conditions, it is almost impossible for persons leaving Brewster Place to turn left on Carolina Beach Road at the traffic signal. Additional traffic generated by the location of a custard shop will only intensify this problem. (4) Emergency vehicles will have more difficulty in accessing Brewster Place. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 380 (5)The residents are concerned about an increase in crime with a commercial establishment located adjacent to Brewster Place. (6)The residents are concerned for the safety of children walking to the bus stop. (7) The residents feel that approval of the B-2 Business rezoning will allow for future commercial encroachment into Brewster Place. In closing, Mr. Wayne requested the Board to deny the rezoning request because the residents should not have to suffer the consequences of commercial zoning to accommodate one person and his business. Also, the property owner was aware of the split zoning on the parcel when it was purchased in April 1999. Ms. Lynn Shay, 5623 Chilmark Court, presented two letters from adjacent neighbors, and she commented on the remarkable accomplishments that have been made in Brewster Place by the residents in the past two years. Yards are well maintained and many improvements have been made to homes. The community is concerned about the future and how the neighborhood will look if commercial encroachment is allowed in this area. The residents are not opposed to the B-2 Business at the front half of the petitioners’ property, but there is concern about the petitioner rezoning the entire parcel B-2 Business instead of limiting the rezoning to the size of the business. In closing, Ms. Shay said personally she did not want to walk in her backyard and constantly smell hamburgers. The residents are people who live in their yards and have families. She expressed concern for the Planning Board wanting to square up the lot, and she requested the Board to deny the request to protect surrounding residential properties. Ms. Karen Brown, an adjacent property owner behind the site, expressed concern for the use of the building that will be located at the back of the custard shop. She advised that discussion has been held about a mechanic’s garage, and she expressed concern for devaluation of her property with the proposed use. She requested the Board to deny the rezoning request. Chairman Caster closed the Public Hearing. Commissioner Davis asked Planning Director Hayes if the residential portion of the parcel could be rezoned O&I Office and Institution instead of B-2 Business to better protect the adjoining properties. Planning Director Hayes advised that this option was discussed at the Planning Board meeting; however, O&I zoning would limit the property to office and institution uses instead of retail uses. Commissioner Davis asked Attorney McDonald if the petitioners would be willing to rezone the back of the parcel to Office and Institution. Vice-Chairman Greer noted that rezoning the property to Office and Institution would require less buffering and impact on adjacent property owners. Attorney McDonald advised that under B-2 Business, there will be a 28-foot buffer from the property line in addition to setback requirements. The current plan is to install an 8-foot fence with Leyland Cyprus trees planted in front of the fence. Planning Director Hayes said the minimum setback for Office and Institution is 30 feet, and the minimum setback for B-2 Business is 35 feet. Mr. Steve Kohl, the petitioner, advised that the current B-2 Business zoning of the property line is not sufficient to locate the custard shop on the property according to the site plan. The size of the building would have to be smaller to comply to the present zoning, and parking has to be accommodated in order for the business to succeed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 381 Vice-Chairman Greer stressed the importance of respecting the concerns presented by the neighbors who have lived in the area before the rezoning request. He stated that without a plan for the use of the property in the back, he could understand why the residents want that property to remain residentially zoned. He suggested for Mr. Kohl to consider requesting a conditional use district for the property which would require a site plan showing the exact use of the property. This type of zoning provides the Board more flexibility in placing conditions on the use that will better protect surrounding residential properties. Mr. Kohl asked how long it would take to go through the conditional use process. Vice-Chairman Greer informed Mr. Kohl that he could postpone the petition and go back through the Planning Board for conditional use zoning that would probably take about three to four months. He said if the Commissioners deny the request, it will be 12 months before a petition can be resubmitted. Commissioner Howell inquired as to the amount of land needed for the current site plan. Mr. Kohl responded approximately 50 or 60 additional feet of property would be needed in the back of the site. A lengthy discussion was held on moving the B-2 zoning further back on the property. Attorney McDonald said that Mr. and Mrs. Kohl would be satisfied with the Board granting an additional 50 feet of B-2 zoning or Office and Institution. Commissioner Davis asked Mr. Wayne if the adjacent property owners would be satisfied with increasing the B-2 Business zoning back an additional 50 feet with rezoning the remaining property to Office and Institution. Mr. Wayne responded that a majority of the neighbors would prefer conditional use zoning. Commissioner Howell stressed the importance of allowing Mr. Kohl the right to use his property. Mr. Kohl stated that he needed 60 feet of B-2 zoning and said he could live with the remaining portion of the property being zoned Office and Institution. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED to extend the B-2 Zoning back 60 feet and rezone the THE MOTION FAILED DUE TO NOT remaining property to O&I Office and Institution. RECEIVING A SECOND. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to deny the rezoning request. Substitute Motion: Chairman Caster MOVED, SECONDED by Commissioner Howell to move the B-2 zone back 60 feet and leave the remaining property zoned R-15 Residential. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Howell Chairman Caster Voting Nay:Commissioner Davis Vice-Chairman Greer A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 55. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 382 DESIGNATION OF COMMISSIONER CHARLES R. HOWELL AS THE OFFICIAL VOTING DELEGATE FOR NEW HANOVER COUNTY AT THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS 92ND ANNUAL CONFERENCE Chairman Caster requested the Board to designate the official voting delegate for New Hanover County at the N. C. Association of County Commissioners 92nd Annual Conference to be held August 19-22, 1999 in Asheville, North Carolina. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to designate Commissioner Howell to serve as the New Hanover County voting delegate at the 92nd Annual Conference to be held in Asheville, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION TO SUPPORT CLEAN NC 2000 Assistant County Manager, Dave Weaver, reported that Governor Jim Hunt has created a statewide initiative to clean up the State of North Carolina. The name of the program is called the “Clean NC 2000 Initiative”. The purpose of the program is improve the appearance of the State of North Carolina by removing litter, collapsing unsafe structures and other debris that create eyesores and harm the environment. He advised that Vice-Chairman Greer has been appointed by Governor Hunt to serve on the Clean NC 2000 Committee. The Committee’s mission is to clean up the State and instill a new attitude among citizens about littering. The Board was requested to adopt the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt a resolution of support for the Clean NC 2000 Initiative. Upon vote, the MOTION CARRIED UNANIMOUSLY. Deputy County Manager Atkinson informed the Board that a letter had been received from Ms. Nancy Pritchett, Executive Director of Keep America Beautiful, requesting the Board to designate Keep America Beautiful of New Hanover County as the lead organization in New Hanover County and to appoint Ms. Pritchett as the County Coordinator for the Clean NC 2000 Initiative. Vice-Chairman Greer informed the Board that he and Chancellor Leutze were appointed to serve on this Board. He said that he would be meeting with Chancellor Leutze within the next few weeks; therefore, he would rather work out the details of the Clean NC 2000 Initiative before taking action on the designated agency. The Board concurred and Chairman Caster requested Vice-Chairman Greer to express the desire of Ms. Pritchett to serve as the New Hanover County Coordinator of the Clean NC 2000 Initiative. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 15. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:53 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 12:06 a.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Solid Waste Disposal Commissioner Birzenieks advised that he talked to Mr. Charles Jeter regarding the incinerator and stated that Mr. Jeter has volunteered to meet with the Board in seven or eight weeks to discuss this issue. After discussion, it was agreed for the Clerk to the Board to contact Mr. Jeter for a convenient date. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JULY 12, 1999PAGE 383 Discussion of Scheduling a Joint Meeting with the City of Wilmington Chairman Caster reported that he and Vice-Chairman Greer met with Mayor Hicks and Councilman Conlon last week to schedule a joint meeting of the two governing bodies to discuss consolidation and other issues. Councilman Conlon is preparing a tentative agenda, and a joint meeting should be scheduled in September. Work Session Scheduled for August 12, 1999 to Discuss Zoning Text Amendment Clarifying the Clustering of Residential Units on Lands Classified Conservation on the Land Classification Map Deputy County Manager Atkinson requested the Board to schedule a date for holding the Work Session on the text amendment concerning clustering of residential units on lands classified Conservation on the Land Classification Map. Consensus: It was the consensus of the Board to schedule a Work Session on August 12, 1999 at 10:00 a.m. in Room 501, 320 Chestnut Street, Wilmington, N. C., followed by a field trip to see examples land classified as Conservation. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:20 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board