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HomeMy WebLinkAbout1999-09-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 465 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 7, 1999, at 6:30 p.m. in the New Hanover County Courthouse, 316 Princess Street, Wilmington, North Carolina. Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; 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 Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. Chairman Caster reported that Public Hearing Items 11.5 and 11.6 will have counsel present at 8:15 p.m. to request continuance of these items. APPROVAL OF CONSENT AGENDA Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Appointment of Social Services Appeal Hearing Officer Pursuant to passage of Senate Bill 39, the Commissioners appointed Wanda M. Copley, County Attorney, or her designee, to serve as the Tax Intercept Appeal Hearing Officer effective September 7, 1999, through December 31, 1999. The State will resume this function through the Office of Administrative Hearings effective January 1, 2000. Adoption of Resolution to Award Contract #00-0111 to NABCO, Inc. For the Purchase of a Total Containment Bomb Disposal System for the Sheriff’s Department and Approval of Associated Budget Amendment #2000-06 The Commissioners adopted a resolution and approved the associated budget amendment to award Contract #00-0111 to NABCO, Inc., as a sole source provider, pursuant to N. C. General Statute 143-129(f) in the amount of $132,000 for the purchase of a total containment bomb disposal system for the Sheriff’s Department. After research by the Sheriff’s Department, this was the only manufacturer that makes a total containment bomb disposal system. A portion of the required funds ($70,000.00) has been previously appropriated and the remaining amount needed ($62,000.00) is being transferred by the following budget amendment to Account No. 110-431-4311-3000-6400. Budget Amendment#2000-06 - Federal Forfeited Property DebitCredit Federal Forfeited Property Capital Project Expense$ 62,000 Transfer to General Fund$ 62,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 466 Sheriff’s Department Debit Credit Transfer in (From Fund 348)$ 62,000 Capital Outlay$ 62,000 Explanation: To adjust budgets for transfer from Federal Forfeited property fund to Sheriff’s Department for the purchase of a bomb trailer. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Award Contract #00-0088 with Detroit Stoker Company for Purchase of Grate Replacement Parts for the WASTEC Facility The Commissioners adopted a resolution awarding Contract #00-0088 with Detroit Stoker Company as a sole source provider, pursuant to N. C. General Statute 143-129(f), in the amount of $107,843.75 to purchase replacement parts for the WASTEC Facility. The grate burning units can only be purchased from the Detroit Stoker Company since they hold all drawings and specifications to the parts. Funds for this purchase are budgeted in Account #700-485-4195-3920-25. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Award Contract #00-0104 to E.F. Craven Company for the Purchase of One Crawler Excavator for the Vector Control Division of the Health Department The Commissioners adopted a resolution approving Contract #00-0104 in the amount of $112,621 to purchase one crawler excavator for Vector Control. The contract approval is made under the “piggyback” option pursuant to NCGS 143-129. Funds have been budgeted for this purchase in Account 110-510-5112-2000-6400. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Award Contract #00-0105 to Wally’s Fire & Safety for the Purchase of Three Thermal Imaging Systems for Fire Services The Commissioners adopted a resolution approving Contract #00-0105 in the amount of $49,698 with Wally’s Fire & Safety, Inc. for the purchase of three thermal imaging systems for New Hanover County Fire Services. Contract approval is made under the piggyback option pursuant to NCGS 143-129. Funds have been budgeted for this purchase in Account 130-436-4340-6400. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Reject Bids Received for a Data Acquisition System (Bid #00-0022) for the WASTEC Facility The Commissioners adopted a resolution to reject the two bids received for purchase of a data acquisition system for the WASTEC Facility. Both bids had deficiencies in their proposals and exceeded the amount budgeted for the purchase. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 467 Acceptance of Grant Award to Cooperative Extension Service from the N.C. Department of Agriculture for Development of a Farmers Market in New Hanover County and Approval of Budget Amendment #00-0024 The Commissioners accepted grant-in-aid funds in the amount of $40,000 for the Cooperative Extension Service for development of a Farmers Market in New Hanover County, and authorized the Chairman to execute the “Request for Payment of Appropriations from the North Carolina General Fund.” The following budget amendment was approved: Budget Amendment #00-0024-Cooperative Extension-Extended Projects DebitCredit USDA Grant (Farmer’s Market)$40,000 Cooperative Extension Expenses $40,000 Explanation: To increase budget for grant awarded to Cooperative Extension from the N.C. Department of Agriculture to establish a Farmer’s Market. No County funds are required. Adoption of Resolution to Authorize the Disinterment, Removal and Reinterment of Graves Located on Property Owned by Eric R. Calhoun The Commissioners adopted a resolution to move a headstone and any other grave remains from a burial site over 100 years old. The proposed action will be performed by a licensed undertaker, and the New Hanover County Engineering Department will be the designated entity to oversee the removal activities. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. Adoption of Resolution to Authorize the Disinternment, Removal and Reinterment of Graves Located on Property Owned by NeverEnough, Inc. The Commissioners adopted a resolution to authorize a private property owner, NeverEnough, Inc., to move three grave markers and remains associated with six grave sites from a burial site located on the western side of Carolina Beach Road, north of Myrtle Grove Road. This process will be performed by a licensed undertaker and the New Hanover County Engineering Department will be the designated entity to oversee the removal activities. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. Authorization for the Planning Department to file a Transportation Enhancement Grant for Bicycle Improvements Along McMillan Avenue Between UNCW and Pine Grove Drive The Commissioners authorize the Planning Department to submit a Transportation Enhancement grant for bicycle improvements along McMillan Avenue between UNCW and Pine Grove Drive. This project has been identified as a top priority in the 1999-2025 Wilmington Urban Area Transportation Plan, and the road will provide the first dedicated link between UNCW and the “River to Sea” bikeway which runs between downtown Wilmington and Wrightsville Beach. The grant has been prepared by Staff from the County Planning Department, Wilmington Planning Department, and the UNCW Chancellor’s office. The project will include bike lanes at least four feet wide on both sides of the road, installation of bike route signs and adding pavement markings indicating bike lanes. The estimated cost of the project is $220,000. The grant requires a 20% match which will be met entirely through in-kind services provided by UNCW and the City of Wilmington. UNCW and the City of Wilmington will administer the grant. Authorization for the Planning Department to File a Transportation Enhancement Grant Application for Bicycle Improvements Along Greenville Loop Road and Pine Grove Road The Commissioners authorize the Planning Department to submit a Transportation NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 468 Enhancement grant in the amount of $6,348 for bicycle improvements along Greenville Loop Road and Pine Grove Road. The grant requires a 20% local match of $1,270. If the grant is awarded, the County Manager is authorized to accept the grant and approve a budget amendment transferring $1,270 from contingency to the Planning Department. Approval of Free Days at the Coast Line Convention Center for the annual “How Does Your Garden Grow?” Show Sponsored by the New Hanover County Arboretum The Commissioners approved two free days for the annual “How Does Your Garden Grow?” show sponsored by the New Hanover County Arboretum on February 5 and 6, 2000. The Chairman was authorized to write a letter of notification to the Coast Line Convention Center and Arboretum. Adoption of Resolutions Requesting the N. C. Department of Transportation to Add Roads to the State Highway System The Commissioners adopted resolutions to request the N. C. Department of Transportation to add the following roads to the State Highway System: Roads in Old Cape Cod @ Tidewater Plantation Sun Coast Drive in Sun Coast Villas Subdivision Bird Dog Court in Quail Woods Subdivision Streets in Bayshore Estates Streets in Saratoga Place Subdivision Streets in Alamosa Place Subdivision Streets in Legacy and Brittany Lakes Subdivisions Streets in Courtney Pine Subdivision Pages Creek Drive in North Hills Subdivision Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 19. Approval of Budget Amendment #00-0020 - Various The Commissioners approved the following budget amendment: Budget Amendment #00-0020 - Various DebitCredit Museum Grassroots Science Grant $136,487 Temporary Salaries$ 28,329 FICA 2,366 Medical Insurance 2,984 Disability Insurance 82 Retirement 999 Contracted Services 35,750 M&R - Equipment 2,000 Printing 6,264 Supplies 28,721 Auto Reimbursement 288 Travel 9,728 Insurance 800 Flow-Through 5,089 Capital Outlay 5,527 Motor Vehicles 7,560 Juvenile Day Reporting Center Juvenile Day Reporting Grant$ 64,072 Contributions from Schools 21,305 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 469 Salaries$ 8,490 Contracted Services 46,103 Supplies 1,875 Capital Outlay 28,909 Cooperative Extension - Extended Project Pesticide Recycling Grant$ 9,009 Urban Forestry Grant 2,840 Cape Fear Memorial Foundation Grant 4,803 Cooperative Extension Expense$ 16,652 Cooperative Extension Master Gardener’s Grant$ 7,718 Temporary Salaries$ 7,170 FICA 548 Planning CAMA Grant$ 5,000 Printing$ 5,000 Aging-Senior Center VISTA Grant$ 1,353 Volunteer Auto Expense$ 1,353 Environmental Management - Recycling Division of Pollution Grant$ 4,000 Salaries$ 2,000 Contracted Services 2,000 Emergency Management N. C. Department of Crime Control Grant$ 2,920 Travel$ 2,920 Human Services Transportation Transportation Assistance - Elderly/Disabled$42,035 Elderly$25,430 Disabled 18,445 General Public Transportation Assistance$ 8,453 General Public Expense$ 8,453 Transportation fees$ 1,840 Automatic Fingerprint System - Sheriff’s Dept. AFIS Grant$ 2,774 Transfer in from General Fund 925 Supplies$ 2,203 Capital Outlay$ 1,496 Commissioners Appropriated Fund Balance$ 925 Transfer to AFIS Grant$ 925 Explanation: To rollover unexpended grant funds from FY 1998-99 to FY 1999-2000. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 470 Approval of Budget Amendment #00-0021 - Department of Social Services - Child Day Care The Commissioners approved the following budget amendment: Budget Amendment #00-0021 DebitCredit Child Day Care: Federal/State Funds Increase - Child Day Care$662,335 Federal/Sate Funds Increase - Head Start $117,932 Day Care Services$662,335 Head Start$117,932 Explanation: To budget additional Federal/State funds for Child Day Care. Approval of Budget Amendment #00-0022 - Health Department - Child Health The Commissioners approved the following budget amendment: Budget Amendment #00-0022 DebitCredit State Funding Increase - Child Health$3,145 Contracted Services$1,000 Printing 1,500 Departmental Supplies 645 Explanation: Additional State funding for the Child Health Program. Approval of Budget Amendment #00-0023 - Health Department - Partnership For Children The Commissioners approved the following budget amendment: Budget Amendment #00-0023 DebitCredit Smart Start Grant - Partnership for Children$11,757 Contracted Services 1,200 Salaries and Wages$9,400 FICA 720 Retirement 466 Medical Insurance 1,777 Long-Term Disability Insurance 22 Departmental Supplies 572 Explanation: Additional grant funding from Smart Start - Partnership For Children. Approval of Tip Fee Waiver for the Carolina Air Expo - New Hanover County Airport Authority Carolina Air Expo The Commissioners approved waiving the tip fee for the that is being sponsored by the Airport Authority. Approval of Tip Fee Waiver for Big Sweep Beach Cleanup - Keep America Beautiful Big Sweep Beach Cleanup The Commissioners approved waiving the tip fee for the sponsored annually by Keep America Beautiful. ADOPTION OF PROCLAMATION DESIGNATING SEPTEMBER 17-23, 1999, AS CONSTITUTION WEEK IN NEW HANOVER COUNTY Chairman Caster read a resolution submitted by the Daughters of the American Revolution Constitution Week in New Stamp Defiance Chapter to proclaim September 17-23, 1999 as Hanover County. He requested a motion to adopt the proclamation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 471 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a September 17-23, 1999 as Constitution Week in New Hanover County proclamation designating and to encourage all citizens to reflect on the privileges of being an American and living in a free country. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster requested Ms. Judy Ward, a member of the National Society of Daughters of the American Revolution Stamp Defiance Chapter, to step forward to receive the proclamation. Ms. Judy Ward expressed appreciation to the Board for adopting the proclamation and she invited the Commissioners to attend a Special Program at Moore’s Creek National Battlefield on September 17, 1999 at 10:00 a.m. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF SEPTEMBER, 1999 AS “STOP RED LIGHT RUNNING” MONTH Chairman Caster, on behalf of the Board, read a proclamation declaring the month of “Stop Red Light Running” September, 1999 as month, in order to remind motorists of the dangers of running red lights. The goal of the resolution is to create a public awareness campaign to reduce the numbers of accidents and injuries that occur from running through red lights. Public Information Officer, Mark Boyer, reported a month ago, New Hanover Regional Medical Center, the City of Wilmington, and New Hanover County began discussing ways to reduce the number of accidents occurring in Wilmington. It was felt that adoption of a resolution by the City and County would be an appropriate way to begin the public awareness campaign. Ms. Alice Matthews, representing New Hanover Regional Medical Center, reported that New Hanover County is the second smallest county in the State of North Carolina but it ranks #1 in car crashes. Many of these accidents occur because people disregard traffic signals and run red lights. There is a traffic accident every hour and one-half in New Hanover County with an injury every 1.9 hours, which costs the County over $22,000 per hour from car accidents. She stressed the importance of promoting an educational campaign to create a public awareness of the need to observe traffic signals. Chairman Caster expressed appreciation to Ms. Matthews for bringing this matter to the attention of the public and requested a motion to adopt the proclamation as read. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to adopt the “Stop Red Light Running Month” proclamation designating September, 1999 as in New Hanover County and urge all motorists to consider the consequences. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Matthews expressed appreciation to the Board for adopting the proclamation and promoting this effort. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. PRESENTATION BY THE CAPE FEAR YOUTH SOCCER ASSOCIATION ON THE NEED FOR ADDITIONAL SOCCER FACILITIES Mr. Harry Tuchmayer, President of the Cape Fear Youth Soccer Association, reported this was a volunteer organization for the County which provides a service in conjunction with the County Parks Department for youth to play soccer. He advised that the purpose of the presentation was to discuss rapid growth in soccer and present solutions to resolve the lack of soccer fields. He introduced Mr. Robert Dansby to make the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 472 Mr. Robert Dansby, Chairman of Cape Fear Soccer Board, presented a slide presentation on the Cape Fear Soccer Association and discussed the following issues: ? The Cape Fear Soccer Association is one of the largest soccer associations in the state. ? The Cape Fear Soccer Association, unlike some soccer associations, does not own any facilities or dedicated facilities. The Association administers the recreational soccer program for the county, but it is completely dependent on the New Hanover County Parks Department for facilities. ? For the first time in the history of the Association, players are turned away. Nearly 300 children and adults are unable to play this season because there are not enough facilities to support the teams. ? The Association has resorted to extraordinary lengths to play a full season. Matches have been scheduled on Friday evenings and earlier on Saturday mornings creating a long schedule on Saturday afternoons. With approval of the adult teams, matches have been scheduled earlier on Sunday mornings. Currently, the Association cannot make up a “rained out” weekend. ? An Organization Chart was presented showing the Executive Board of the Cape Fear Soccer Association. ? A chart was presented showing the growth of the program from Spring 1994 to Fall 2002. ? A chart was presented showing the need for enough soccer fields to accommodate 205 soccer teams. ? If the Cape Fear Soccer Association grows at a conservative rate of 5% annually, it will add 10 new teams annually, 80 to 90 additional matches, and 25 hours of practice time weekly. This rate of growth will require one new field annually. ? A chart was presented on the economic impact to the area. Mr. Dave Lewis, a county resident with three children playing in the Cape Fear Soccer Association, expressed concern for the lack of facilities and fields for soccer teams. This is a volunteer association that spends hours with training children to play soccer. Over 3,000 children have registered to play soccer this fall, and many have been turned away. There is a significant shortage of greenspace for soccer fields. With the need to share field time with other sports, the human resources of the local soccer program have been drained. The Cape Fear Soccer Association is a strong network of dedicated volunteers who spend their free time coaching and practicing with children as well as maintaining soccer equipment and fields. Soccer is an important economic factor to New Hanover County because the indoor and outdoor soccer tournaments bring visitors to the community. These visitors stay in hotels, eat in restaurants, and purchase goods in retail stores. Other counties in the State recognize this opportunity and support soccer teams with quality fields. Mr. Lewis requested the Board to take the following actions: ? Direct the Parks Department to complete the grading, reseeding, and irrigation systems of the Castle Hayne athletic fields so they are ready for play by February 1, 2000. ? Direct the Parks Department to complete the grading, seeding, and irrigation of the Eaton Elementary School athletic fields so they are ready for play by February 1, 2000. ? Direct the Parks Department to grade, seed, and irrigate the new fields at Veterans Park so they are ready for play by September 1, 2000. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 473 ? Adopt a resolution directing the appropriate County officials to identify and secure sufficient property in New Hanover County to accommodate 12 to 20 soccer fields for the purpose of developing a Soccer Park in cooperation with the Cape Fear Soccer Association. The Association will commit to raising one-half of the funds necessary for development of these fields in partnership with the New Hanover County Parks Department. The process of identifying and securing the site should be completed by April 1, 2000 with a meeting scheduled as soon as practical between the appropriate County officials and the Facilities Coordinator of Cape Fear Youth Soccer Association to develop schedules and time lines to assure the first few fields at the new Soccer Park are playable by September 1, 2001. Mr. Lewis expressed appreciation to the Board for having an opportunity to speak on behalf of the Cape Fear Youth Soccer Association, and he requested the Board to take immediate action on the items presented to resolve the problem. Discussion was held on the actual number of fields needed. Mr. Tuchmayer explained that the estimated 12 to 20 soccer fields in the proposed Soccer Park was a long range projection. Once a site is selected, the soccer fields will be phased through a cooperative effort with the County. The major request is to secure the space for the Soccer Park so it can become a reality. The other sites mentioned should provide the following fields: ? Eaton Elementary School Site: 4 full size soccer fields and 1 small practice field. ? Castle Hayne Park Site: 2 full size soccer fields. ? Veterans Park Site: 4 full size soccer fields. Mr. Tuchmayer said if the 6 fields at the Eaton Elementary School site and Castle Hayne Park site are developed by fall, this will relieve the immediate need for fields. Once new fields are ready for play, a Field Management Plan should be adopted to provide time for the Parks Department to reseed fields and keep them in playable condition. Currently, there is no opportunity to reseed and keep the soccer fields in good shape. Discussion followed on the number of acres needed per soccer field. Mr. Dansby responded approximately three acres per field, which would require 60 acres for 20 fields. Commissioner Howell asked if a proposed budget had been developed for purchasing, developing, and maintaining these fields. Mr. Dansby responded that no budget had been prepared. Commissioner Birzenieks requested Staff to comment on the current status of the Eaton Elementary fields. County Manager O’Neal responded that Staff has been directed to move forward with preparing the Eaton fields including irrigation and other needs. After the meeting with the Board of Education, the terms of a lease agreement were discussed, and the County Attorney is in the process of completing the final agreement, which will have to be approved by both boards. County Attorney Copley advised that she would provide a copy of the proposed lease at a later date. County Manager O’Neal advised that the Eaton fields should be ready by Spring 2000. He also reported on discussion that has been held with the President of Cape Fear Community College (CFCC) about using a portion of the land acquired for the CFCC Northeast Campus to develop soccer fields. It appears that once engineering studies are completed on the site, CFCC is willing to allow the County to use some of the space for soccer fields. County Manager O’Neal commented on the cost of developing a soccer field and stated it will be difficult to project a cost until a site has been selected and the type of soil is identified as well as drainage issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 474 Commissioner Birzenieks commented on a conversation held with Mr. Tuchmayer regarding a bond issue regarding the acquisition of greenspace, and he asked if the Cape Fear Soccer Association would be supportive of a bond issue that will include development of soccer fields. Mr. Tuchmayer responded that the Cape Fear Soccer Association would be supportive of a greenspace bond issue for acquiring passive space and active recreational space. He suggested specifically identifying a portion of the bond proceeds to be used for development of soccer fields, which would create a great deal of support throughout the community for passage of the bond referendum. Chairman Caster said that a ballpark figure for 60 acres would be $1,800,000, which could be included in the greenspace initiative. County Manager O’Neal advised the Board that Staff has been active in trying to identify some properties for athletic fields and recently has found some space that would be less than $1,800,000 for 60 acres; however, this option has not been fully explored. Discussion followed on the possible use of County owned properties for development of soccer fields. County Manager O’Neal advised that New Hanover County owns 40 acres of land on Carolina Beach Road near Veterans Park; however, due to wetlands, the entire tract cannot be used for development of soccer fields. The County also owns approximately 200 acres on Blue Clay Road, but the soils do not drain well because of clay content. Mr. Tuchmayer said that development of a Soccer Park will provide quality fields for games and allow time for both the Schools and Soccer Park fields to be maintained with a reduction in use. He stated currently the school athletic fields are being fully utilized by soccer teams. Chairman Caster advised that commitments for development of soccer fields at Eaton Elementary School, Castle Hayne Park and Veterans Park are well underway and should provide some relief to the soccer teams. The possibility of securing 60 acres for development of a Soccer Park is another issue that can be included as part of the greenspace bond referendum, which will be presented to the voters in May 2000. Commissioner Davis asked when the fields at Ogden Park will be completed. Mr. Tuchmayer responded that fields in Ogden Park had already been completed; however, these fields are being used by football teams. In the spring, the Ogden Park fields can be used by the soccer teams. The Cape Fear Soccer Association is requesting a commitment from the Board to complete the fields at Eaton Elementary School by Spring 2000. Commissioner Davis asked when the fields at Veterans Park will be completed. County Manager O’Neal responded when the Board schedules a Work Session to discuss capital projects before the end of the month, the development plans for Veterans Park will be discussed. Funding in the amount of $600,000 was appropriated in the budget for planning with no money included for development work. Vice-Chairman Greer asked if the fields at Castle Hayne would be irrigated. Parks Director Lewis advised that funding was not budgeted for irrigating the Castle Hayne athletic fields. Discussion has been held by the Parks and Recreation Advisory Board about converting these fields from a practice facility to a game facility, which will require lighting and irrigation. If money is left over from other projects, those funds will be used to develop the Castle Hayne fields into game fields. Vice-Chairman Greer recommended moving forward with irrigating and lighting the two fields at Castle Hayne Park. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 475 County Manager O’Neal said that Staff can prepare a budget amendment to develop the two fields at Castle Hayne. Commissioner Davis commented on being fully supportive of the soccer program, but expressed concern for making a commitment without funding in place. He also noted that many people are in favor of the greenspace bond to purchase land left in its natural state, develop parks, etc. He recommended clearly identifying the items that will be funded by the greenspace bond issue before presenting it to the voters. Mr. Dansby requested the Board to make a commitment to the Cape Fear Soccer Association because of the immediate need to address this issue. He commented on current fields being scattered throughout the county and said that the location of new fields referenced by the County Manager would only increase this problem. Supplying field coordinators for each soccer facility every weekend drains the Association’s resources. The advantage of constructing a Soccer Park will be to eliminate the distance between fields and allow the Association to provide a better program for the youth. Chairman Caster expressed appreciation to Mr. Dansby and Mr. Tuchmayer for appearing before the Board and making an informative presentation. He advised that the Eaton and Castle Hayne soccer fields are in progress; however, the Board will have to review funding for the fields at Veterans Park, continue to negotiate with Cape Fear Community College for use of land at the North Campus and decide if the Soccer Park can be included as part of the greenspace bond issue. Staff will work as quickly as possible to have more fields available by the spring. APPROVAL OF ASSIGNMENT OF ACQUISITION AGREEMENT FOR MASON’S INLET PROJECT County Attorney Copley requested the Board to approve the assignment of the agreement negotiated by Figure 8 Beach Homeowners Association, Inc., and the Shell Island Homeowners Association with the Hutaff Trust for acquisition of an inlet corridor with adjoining easements for the Mason’s Inlet Project. As previously presented to the Board, the Homeowners Associations will . initially bear the $40,000 earnest money required at the contract signingThe contract will then be assigned to the County. County Attorney Copley informed the Board that if the County cannot obtain the necessary permits and the project is not performed, New Hanover County will not be responsible for the $40,000. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve the contract as recommended by the County Attorney . Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. APPROVAL OF AMENDMENT TO DESIGN CONTRACT WITH SHARPE ARCHITECTS ON OPTIONS/ALTERNATIVES FOR NEW COUNTY ADMINISTRATIVE SPACE County Manager O’Neal reported when the Board decided to build a new jail without using space in the existing jail, it would be beneficial for the Board to consider an amendment to the existing contract with Sharpe Architects to allow this firm to evaluate use of the 3rd floor space in the BellSouth Building and use of space in the Law Enforcement Center to accommodate other county activities. This evaluation will include the costs involved with any type of renovation. Commissioner Howell asked if the contract amendment in the amount of $39,500 will cover studying the BellSouth and Law Enforcement Center for proposed use of space as well as the soil boring for the Blue Clay Road site. Discussion followed on whether any specific site had been selected for the new jail facility. Vice-Chairman Greer said until the Board renders a final decision on a particular site, he feels the soil boring should not be performed on the Blue Clay Road site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 476 Deputy County Manager Atkinson advised that performing the soil boring would provide an idea of the soils on the site and if there are any unknown problems other than the old county landfill. This information will be needed for the Board to know if the jail can be placed on the site. Commissioner Howell requested a figure on the cost of the soil boring. Deputy County Manager Atkinson responded $11,400. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve an amendment to the design contract with Sharpe Architects in the amount of $28,100 to analyze the possibilities of converting the existing Law Enforcement Building and third floor of the Bell South Building. Upon vote, the MOTION CARRIED UNANIMOUSLY A copy of the contract amendment is on file in the Legal Department. AUTHORIZATION TO MOVE FORWARD WITH INSTALLATION OF WIRING FOR GENERATORS IN SHELTERS DURING EMERGENCIES FOR THE REMAINDER OF THE CALENDAR YEAR 1999 Health Director David Rice introduced the Chairman of the Board of Health, Mr. William Steuer, to make a presentation on a temporary plan to provide wiring for connection of generators at the school shelters during hurricane events at a cost of $25,700. Mr. William Steuer, Chairman of the Board of Health, reported on the immediate need to provide generators to the shelters during hurricane and emergency events. The lack of power in shelters has created problems of drug and alcohol abuse, residents walking around in the nude, and young girls being chased by older men. The shelters are hot and humid with no lights, clogged toilets, and people becoming ill. County personnel operating the shelters have been faced with trying to protect the safety of the public under conditions that have created a great deal of stress. The Board of Health is concerned about the safety of staff and persons in the shelters without adequate electrical power. Fortunately, no serious problems occurred during the last hurricane. Mr. Steuer advised that he met with Vice-Chairman Greer, Health Director Rice, and County Manager O’Neal to determine what should be done to provide adequate emergency power to shelters during the 1999 hurricane season. Another meeting was held with the Emergency Management Department to ascertain when the wiring and generators switches would be installed. The Board of Health was informed that a grant had not been received by the Emergency Management Department to pay for installing two of the generator switches for two shelters. The Director of Emergency Management was not sure that any grant funds would be received. It was also learned that Emergency Management was planning to furnish multiple small generators to the shelters that do not provide adequate electrical power and become a safety problem because of the number of extension cords needed to operate portable lights and fans. After reviewing and studying the matter, the Board of Health has recommended the following alternative solution in collaboration with Carolina Power & Light Company (CP&L) and the New Hanover County Inspections Department: ? Install the necessary wiring to transfer power to generators early in the emergency event. CP&L will disconnect power to four schools approximately four to five hours before the emergency to allow the 400 KW generators to be connected immediately upon a State of Emergency being declared by the Board of County Commissioners. ? The cost of this alternative is $25,700 to purchase materials and supplies to connect the generators and pay for the required engineering and system installation. ? This alternative can be accomplished in two to three weeks if priority efforts are assigned to the project. ? The materials installed can be re-used for a permanent mode of operation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 477 ? Carolina Power & Light Company will assist with this alternative through 1999 contingent upon installation of permanently installed manual transfer switches by 2000. Mr. Steuer urged the Board to consider this alternative solution to provide safe shelters for the general public and County personnel. Chairman Caster asked if the $25,700 was for installing the alternative in each school shelter. Mr. Steuer responded the $25,700 would provide the necessary wiring to allow four schools to connect to a large generator. The materials placed in these schools will be re-used in installing permanent transfer switches. This would be a one-time expense for the equipment; however, recovery costs from FEMA will depend upon whether New Hanover County receives a direct strike from the hurricane. This means that a great deal of money can be spent leasing generators if the storm does not make a direct hit. All parties involved are now discussing whether the generators should be leased or purchased because a generator can be placed in each school at a cost of $100,000. The cost of leasing the generators during a hurricane event ranges from $50,000 to $250,000. Vice-Chairman Greer, the County Commissioners’ representatives on the Board of Health, explained that currently New Hanover County has a contract with a company to bring in generators when needed. In the past, generators have been delivered to the schools and cannot be used because transfer switches have not been installed. This is an expensive process. In order to address the immediate need for the school shelters, the Board of Health has requested CP&L and the New Hanover County Inspections Department to use an alternative way to connect the power to the generators for one year at a reduced cost. CP&L has agreed to allow this alternative to be used if the permanent transfer switches are installed by next year. The wiring for this alternative can be used with installation of permanent switches. Commissioner Birzenieks asked Vice-Chairman Greer if he supported the alternative solution. Vice-Chairman Greer responded that he was in favor of this alternative. County Manager O’Neal requested the Board to appropriate funding from the General Fund Contingency if the alternative solution is approved. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to approve the alternative solution as recommended by the Board of Health, appropriate funding in the amount of $25,700 from the General Fund Contingencies, and authorize Staff to move forward as quickly as possible so the schools shelters will be ready by the hurricane season. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Caster called a break from 7:55 p.m. until 8:10 p.m. APPROVAL OF DECLARATION OF BREACH OF CONTRACT BY CORRVANTIS Director of Social Services, Wayne Morris, reported that two months ago, the Board of Social Services was requested to review the contract with Corrvantis for the operation of the Child Support Enforcement Program. He provided the following information on how the program became effective: The Child Support Enforcement program has been in operation in New Hanover County since the mid l970's. From the beginning, the federal government has encouraged states to invest resources into this program by offering lucrative financial incentives. These incentives are provided in three forms: The federal government reimburses the county 66% of all administrative costs; a portion of the Child Support collected for children receiving Work First is returned to the county to offset the public assistance cost; and incentives are paid when certain performance criteria are met. Historically, these revenues surpassed the expenditures made in the program. From FY 1992 through and including FY 1996, revenues exceeded expenditures in the New Hanover County Child Support Program on an average of more than $190,000 each year. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 478 In July 1995, Work First began in North Carolina as a welfare reform initiative. New Hanover County’s caseload of 2,801 began a steady and dramatic decline. At the end of FY 1996-97, the caseload had declined by 38%. Consequently, Child Support revenues declined. In FY 1996-1997, the County’s profit dropped to $62,000. In FY 1997-1998, the last full year that DSS operated the program, the profit evaporated with expenditures exceeding revenues by more than $145,000. During that period, the Work First caseload continued to decline. Service Design Associates (now known as Corrvantis) proposed to take over the Child Support Enforcement program in late February 1999. At that time, the Work First caseload had dropped by approximately 50% or 1,435 cases. When the contract was approved by the Board of County Commissioners in September 1998, the caseload totaled 986. Since that time, the caseload has declined to 855. Effective October 1, 1998, New Hanover County entered into a contract with Service Design Associates (SDA) to operate the Child Support Enforcement Program and to put the necessary staff resources in place by increasing the staff from 23 to 34. The contract required SDA to assume responsibility for all aspects of the program and guarantee that revenues will exceed expenditures by $175,000. Should revenues fall short, SDA would be required to pay New Hanover County. During the first six months of the contract, October 1998 through March 1999, expenditures exceeded revenues by $322,000. That payment was due on June 30, 1999. A partial payment of $150,000 was received. In the last three months of the fiscal year, April-June 1999, the County was due to receive $178,000. At this time, Corrvantis owes the County approximately $350,000 and the total continues to rise at a rate of $60,000 per month; however, only $172,000 is overdue. In closing, Director Morris advised that Mr. Sherman Lee Criner, Chairman of the DSS Board, would like comment on future action. Mr. Criner reported that Mr. Corriveau approached Director Morris in April 1999 requesting to re-negotiate or amend the current contract. It was at this time the County discovered that SDA/Corrvantis had not obtained the performance bond. Corrvantis is a company owned and operated by Dennis Corriveau, who was formerly with SDA. Numerous questions quickly arose as to whether or not there was a valid contract with Corrvantis? Had Corrvantis breached the contract by not obtaining the performance bond? Had New Hanover County waived Corrvantis’ failure to obtain a performance bond? Was Corrvantis a viable company? Director Morris informed the New Hanover County Board of Commissioners about this situation on May 3, 1999. The County Commissioners requested the DSS Board to review the proposed contract amendment and make a recommendation to the Board. The Board of Social Services scheduled a meeting on May 13, 1999, and requested the attendance of Mr. Corriveau, a representative from the New Hanover County Finance Department, and a representative from the Legal Department. The meeting was conducted with the intent of gathering relevant and exhaustive information so an informed recommendation could be made to the Board of County Commissioners. Exchanges of information continued to occur after the meeting. Mr. Corriveau was given a specific deadline to provide financial records and to obtain a performance bond. These conditions have been met. Corrvantis is now in compliance with the contract and has stated the company will abide by the terms and conditions of the contract, although he may have to reassign some employees to other areas of the business. Mr. Corriveau is still interested in renegotiating the contract. He indicated that his company is not profitable because of the diminishing welfare roles, which were not properly accounted for in his business plan. Mr. Criner presented the following summary of the current situation: 1.The year prior to the contract with SDA/Corrvantis, New Hanover County’s cost for operating the program exceeded revenues by approximately $141,000. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 479 2.Corrvantis has remedied any breach of contract by procuring a performance bond. 3.Current employees with Corrvantis (former employees of the Department of Social Services) indicate they do not wish to return as county employees based on the county pay scale. 4.Corrvantis is requesting a payment schedule to help the cash flow of the company. 5.Corrvantis is requesting a reallocation of overhead expenses. 6.Corrvantis will abide by the terms of the contract but will reallocate employees to help with expenses. 7.At the end of one year, Corrvantis is no longer under an obligation to reserve employment for the former employees of the Department of Social Services. Mr. Criner advised that the DSS Board has thoroughly reviewed the situation with two primary goals: 1.There must be assurance that an appropriate level of service is being provided to New Hanover County citizens in the most cost effective manner. 2.Any action recommended will not put New Hanover County at risk of breaching the contract and providing Corrvantis with legal remedies. Mr. Criner said the Board of County Commissioners can do nothing at this point or consider a breach of contract and allow the Department of Social Services to operate the Child Support Enforcement Program. The Board of Social Services recommends sending Corrvantis a 30-day notice of intent to terminate the contract based upon a breach of contract for non-payment of $322,000 due to New Hanover County on June 30, 1999, as previously agreed upon. If Corrvantis remedies the beach within the 30-day period, the contract will not be terminated and it will continue as written. If Corrvantis fails to remedy the breach, the contract will be terminated. The Board of County Commissioners will then be faced with how the Child Support Enforcement Program should be operated. In closing, Mr. Criner expressed appreciation to the Board for an opportunity to review the case and make a recommendation. Chairman Caster asked Mr. Dennis Corriveau, President of Corrvantis, if he would like to comment. Mr. Dennis Corrvantis presented a report to each member of the Board outlining the following data: Results - Exhibit 1.1: This exhibit explains the company’s focus on end-results and customer satisfaction. It also seeks to address some confusion that has developed over the measurement of end-results. In Child Support Enforcement, the level of service is easily measurable. The end results of the company’s work is a collection received from a non-custodial parent, that is placed in the hands of a family or used to reimburse the taxpayer for welfare costs. Collections that are placed in the hands of families or used to reimburse taxpayers for welfare costs are reported as “distributed collections” by the State Department of Health and Human Services. Distributed collections should not be confused with “allocated” collections, which include amounts that are stuck in the system and which may eventually have to be refunded to the non-custodial parent. If the collection is not distributed to the correct party, the job has not been finished. If you cannot distinguish between TANF and Non-TANF collections, you are not talking about collections that have reached their rightful destination. In addition to achieving the distributed collections end-results, the Company is also concerned with the quality of its interactions with customers. Responsiveness to the needs of customers is measured through client surveys and telephone system reports. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 480 Results - Exhibits 1.2: This exhibit is a graph of total distributed collection from FY 1997 through FY 1999 for New Hanover County and the State of North Carolina as a whole. From 1997 to 1998, the rate of increase in Statewide collections was greater than the rate of increase for New Hanover County. From 1998 to 1999, this trend was reversed. The rate of increase in New Hanover County exceeded the rate of the statewide increase. Results - Exhibit 1.3: Comparing FY 1999 collection with FY 1998 collections, indicates that New Hanover County’s rate of increase was 14% compared with a statewide increase of 11%. Comparing the fourth quarter of 1999 with the fourth quarter of 1998, indicated that New Hanover County’s rate of increase was 21% compared with a statewide increase of 12%. For all Corrvantis operations, the full year increase was 18% and the fourth quarter increase was 22%. Results - Exhibit 1.4: This exhibit shows the fourth quarter results as shown in Exhibit 1.3 and indicates that New Hanover County’s performance is approaching the full-year level of performance achieved in counties where Corrvantis has operated the Child Support Enforcement Program for a longer period of time. All Corrvantis operations are performing at a level that exceeded the average of all other county-operated programs. Onslow and Davidson counties have realized increases of 23% for the full year of operations. Results - Exhibit 1.5: This exhibit shows the customer satisfaction ratings and telephone system statistics. About 95% of customers surveyed have given the company either an excellent or above average approval rating. The large majority of responses were excellent. Handling almost 5,700 calls in the last month showed that hold time per customers was one minute and 51 seconds. Financial Impact - Exhibit 2.1: This exhibit shows the net revenue for New Hanover County. As long as the contract remains in force for its intended time period and is not modified, Corrvantis is committed to provide the services at the agreed upon price of $175,000 per year. If New Hanover County had continued to operate the program, the projected net loss would have been $320,000 in 1999; $480,000 in 2000, $480,000 in 2001, for a total loss of $1,280,000. Under the existing contract, New Hanover will receive revenue from Corrvantis in the amount of $175,000 per year for a total of $525,000 for 1999-2001. External Factors - Exhibit 3.1: This exhibit shows the decline in county net revenue throughout the last four years. Actual FY 1999 expenditure data for all counties has not been published. The rate of decline in FY 1999 greatly exceeded the rate of decline in the prior three years. External Factors - Exhibit 3.2: This exhibit shows that Corrvantis yielded a 22% increase in Non- TANF Collections. However, due to welfare reform, TANF Collections decreased by 24%. As indicated, the overall New Hanover County collections increased by 14%. The expected level of performance did not produce the expected level of revenue. In concluding the report, Mr. Corriveau advised that Corrvantis was willing to live under the existing contract with the $175,000 commitment through the end of September. He explained that Corrvantis cannot control the decline in welfare rolls which has created a problem for the company. Under the terms of the contract, Corrvantis is not in breach of the contract. If the company is dismissed, it must be dismissed for convenience. Discussion was held on why Corrvantis had not paid the billing for Sheriff Department services. Chairman Caster said that Corrvantis had received monthly invoices for wages, benefits, and mileage incurred by assigned deputies. The total amount due to the Sheriff’s Department is $30,414.26, of which $21,698.41 is past due. Chairman Caster also asked why the contract with Davidson County was terminated. Mr. Corriveau stated the Davidson County contract ended with a natural termination. He explained that tonight was the first time he had been able to discuss this matter with the Board of County Commissioners. The major issue is the decrease in the welfare rolls. Child protective cases were down by 40%. This decline has impacted every county throughout the state. He requested the Board to consider providing him enough time to establish a time table for receiving payments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 481 Mr. Criner expressed concern for allowing another delay of payment because the time frame was extended at the June meeting until September 30, 1999. The DSS Board is requesting the terms of the contract to be enforced. A lengthy discussion followed on the breach of contract. Finance Director Shell explained that the breach of contract occurred on June 30, 1999, and the legal staff was aware of this situation. When Mr. Corriveau appeared before the DSS Board, he stated that payment could be made by September 30, 1999. The Board of Social Services granted a nine weeks extension; therefore, if the payment can be made by September 30, 1999, Mr. Corriveau would still have 30 days to cure the breach. Mr. Criner advised that Mr. Corriveau will argue that welfare rolls were down 14% in New Hanover County which created a financial problem with his company; however, it is interesting to note that his company has not been able to make money under contracts with other counties. He said if he cannot live up to the conditions of the contract, the Child Support Enforcement Program can be operated in-house by the Department of Social Services. Mr. Corriveau offered to provide a copy of the document on the exact number of cases provided and stated that child protective cases were down by 40% statewide. A lengthy discussion was held on the breach of contract. Vice-Chairman Greer said if the Board of Social Services allowed Mr. Corriveau a nine week extension in June, the breach of contract would not occur until September 30, 1999. After further discussion, County Attorney Copley suggested holding Mr. Corriveau in breach of contract effective September 8, 1999, which will give the company until October 8, 1999 to remedy the breach. Chairman Caster advised that he was in favor of privatization whenever possible, and he requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to declare SDA/Corrvantis in breach of the contract and direct the County Attorney to send the appropriate notification breach of contract letter allowing thirty (30) days for the company to cure the breach by full payment of all monies due New Hanover County on or before October 12, 1999. Failure to comply will result in termination of the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the letter is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. PUBLIC HEARING TO CONSIDER THE WATER AND SEWER PROJECT IN THE WILMINGTON/HANBY BEACH AREAS, ADOPTION OF FINAL ASSESSMENT RESOLUTIONAND APPROVAL OF CONTRACT AMENDMENT #98-0260A WITH ENGINEERING DESIGN SERVICES, P.A. Chairman Caster welcomed Carolina Beach Mayor Ray Rothrock and Kure Beach Mayor Betty Medlin. He opened the Public Hearing. Finance Director Shell advised that a copy of the assessment had been mailed to all property owners, and the Public Hearing was being held to receive input from the property owners. He presented the following information on the assessment project: ? New Hanover County will be installing the water and sewer system to the Wilmington/Hanby Beach areas. ? New Hanover County will recover its capital costs by assessment of each property owner based on the square footage of the lot. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 482 ? The projected assessment cost for water and sewer for a 5,000 square foot lot is $2,761. The actual assessment will be determined based on the actual construction cost. ? If the property owner wishes to pay the $2,761 assessment over 10 years, the annual cost will be projected at $358 for principal and interest. ? In addition to the assessment, each property owner will pay impact fees to either Kure Beach or Carolina Beach, depending on which town annexes the particular lot, and pay for a plumber to connect the water and sewer to the house. ? The Towns of Carolina Beach and Kure Beach will operate the water and sewer collection system and charge a monthly user fee. ? Property owners will be required to connect to the sewer. Connection to the County water system will be voluntary. In all cases, payment of the assessment for both water and sewer will be mandatory. ? The assessment charge will be listed on and payable with the tax bill. ? The projected assessment charge of $1,261 includes the cost for one sewer tap and one water tap for one lot. ? Each existing house or commercial structure will be required to have at least one water and one sewer tap. ? If the property is vacant, the property owner may choose not to have a water and sewer tap. The assessment will be reduced accordingly. It is important to note that installation of a water or sewer tap at a later date will significantly increase the cost. The total cost will be borne by the property owner. Chairman Caster asked if Mayor Medlin or Mayor Rothrock would like to comment. Mayor Medlin expressed appreciation to the Board of County Commissioners and County Staff for the effort given to provide water and sewer services to the Wilmington/Hanby Beach area. She presented the following information: ? The Annexation Ordinance for south of Alabama Avenue will become effective January 1, 2000. Annexation has no effect on the County installed water and sewer project. ? A minimum monthly meter charge for water and sewer for 1999-2000 is $32 minimum with a 3,000 gallon minimum included. An additional $2.75 per 1,000 gallon charge in excess of 3,000 gallons. ? A user fee of $2,500 will be charged for new construction and it must be paid when submitting a building permit from the Town of Kure Beach. ? A meter deposit of $60 will be required. Mayor Medlin offered the assistance of staff if any questions needs to be answered during the Public Hearing. Mayor Rothrock commended the Board of County Commissioners for assisting with the provision of water and sewer services to Hanby Beach and Wilmington Beach. He presented the following water and sewer fees and rates: Deposits: Commercial: $135 Residential $110 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 483 Water & Sewer Rates: Water:$4.44 for first 1,000 gallons, then $2.17 per 1,000 gallons Sewer$6.86 for first 1,000 gallons, then $4.74 per 1,000 gallons Sewer Only:$35 per dwelling unit Charges for out-of-town customers will be twice those of similar services inside the town limits. User Fees: None for existing structures $1,000 per bedroom for new construction Tap Fees: None for the current project (included in the County Assessment) $600 for water, $700 for sewer (after project) Chairman Caster asked if anyone from the public would like to comment. Mr. Chap Reeves, a resident of the Wilmington/Hanby Beach area, requested the Board of County Commissioners to remember that many of the residents are retired and on a fixed incomes. While water and sewer services are sorely needed, the price is shocking. The Commissioners were requested to consider reducing the 6% interest over the 10-year period to reduce the overall cost to the residents. Mr. Reeves also expressed concern for the double charge to residents living outside Carolina Beach town limits. He requested County Staff to seek any grants that would assist with the financing the water and sewer project. After hearing discussion earlier, about residents in the Hanby/Wilmington Beach area exceeding the $40,000 median income, the Commissioners should request Staff to review these figures because this calculation is wrong. Many of the residents do not have annual incomes that exceed $40,000 annually. In closing, Mr. Reeves reminded the Commissioners that water and sewer services are basic amenities This funding is not for athletic playing fields or for planting azalea bushes in Airlie Gardens. These are needed services, and the Board is being requested to provide the citizens with more financial assistance. Vice-Chairman Greer informed Mr. Reeves that since meetings were held with the residents of the Wilmington/Hanby Beach area, grant money has been received from HUD and funds will be appropriated for this project. Mr. Charles Lambert, a resident of 1519 Pinfish Lane, expressed appreciation to the Board for allowing the residents to comment. He referenced the residential deposit of $110 and asked if any interest would be returned to the customer. He also asked where the meters will be placed. Vice-Chairman Greer responded that placement of meters will be decided upon by the Town of Carolina Beach and the Town of Kure Beach. Mr. Lambert also expressed concern for being charged twice as much as Carolina Beach residents, and recommended a change in the ordinance. In closing, Mr. Lambert asked why New Hanover County did not request funding for a sewer system 20 years ago when the federal government was making loans for this purpose. He also asked why the Wilmington/Hanby Beach area did not receive a $2,000,000 funding appropriation for sewer as recently done for Castle Hayne. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 484 Vice-Chairman Greer informed Mr. Lambert that Castle Hayne was not receiving a sewer system. Mayor Rothrock informed Mr. Lambert that a portion of the deposit will be refunded; however, he was not sure about the amount. Once this matter has been discussed with the Carolina Beach Utilities Director, the residents will be informed about the deposit refund. Also, the Town ordinance requiring a double charge for outside residents could be amended before the residents of Wilmington and Hanby Beach receive water and sewer. Ms. Georgia Valersterni, a property owner at Wilmington Beach, disagreed with the statement that the City of Wilmington charges double for sewer service once the areas are connected. She commented on owning a house outside the City Limits in the Masonboro area and said when sewer was provided to the lot by the City, it cost only $400 for property four times the size of her 50' x 100' lot in Wilmington Beach. The County is requesting $2,761 with a double charge to flush toilets because she is outside the City Limits of Carolina Beach. She said this was taxation without representation. Deputy County Manager Weaver informed the Board that Ms. Valersterni was referring to the County sewer that was provided to the Masonboro area, not City sewer. The New Hanover County Water and Sewer District does not impose a double charge for persons connecting to the system because these residents live in the unincorporated area of the county. Vice-Chairman Greer stressed the importance of all residents understanding that New Hanover County does not have control over ordinances adopted by the municipalities. Mr. Donald Carmody, a resident of Hanby Beach, requested the Board to provide more assistance to the residents with installation of the water and sewer services. He suggested removing control of the project from the two towns that border the sides of the Wilmington/Hanby Beach area. He also expressed concern for the method of assessment to the property owners, and suggested assessing the number of feet running along the property instead of the square footage basis. He offered to pay his fair share of assessments and said the method used does not seem reasonable. County Manager O’Neal explained that the Board of County Commissioners legally sits as two separate boards: (1) the New Hanover County Board of County Commissioners; and (2) the New Hanover County Water and Sewer District Board. When the Water and Sewer District was established by the federal regulations a number of years ago, this District was imposed on properties north of Snow’s Cut. The District cannot be expanded beyond this point. The water and sewer project will be financed by borrowing money through Certificates of Participation on behalf of the citizens living in the Wilmington/Hanby Beach area. The County will be required to pay back the money and by State Law can add an interest fee to recover the interest being paid on the Certificates of Participation. The laws governing the State of North Carolina established four different ways to charge assessments. The assessment method selected by the County will provide the most equitable way to charge residents living in the Wilmington/Hanby Beach area. Mr. Carmody asked what percentage was being charged to New Hanover County on the money being borrowed from the financial institution. Finance Director Shell explained that the money has not actually been borrowed. When the County goes to market, the interest rate being charged will be applied to the loan. Currently, the interest rate is over 5.5%. New Hanover County is not trying to make money, but the County is trying to recover the cost of the project. Also, the extraterritorial jurisdictions of Carolina Beach and Kure Beach extend to Alabama Avenue. Residents living south of Alabama Avenue should be aware of ordinances governing water and sewer services provided by the Town of Kure Beach, and residents living north of Alabama Avenue should be aware of ordinances governing water and sewer services provided by the Town of Carolina Beach. Once the water and sewer is provided to the area, the residents will become customers of Carolina Beach and Kure Beach. County Manager O’Neal informed the residents that New Hanover County is serving as a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 485 pass through agency to provide the money to make this project become a reality. Ms. Helen Jackson, a resident of Hanby Beach, stressed the importance of receiving water and sewer services for the Wilmington/Hanby Beach area and stated she hesitated to make negative comments about a project so badly needed. She asked why there was such a difference in the square footage charged to some residents compared to other residents. For example, her lot is 50' x 150' with a square footage of 11,500 feet; however, the property behind her house cannot be used because of CAMA regulations, but she is being assessed for the total amount of square footage. When reviewing the Lynch properties comprised of three lots, they are only being charged with 5,000 square feet per lot. This is one of the largest lots in the area. Her ex-daughter-in-law lives in a mobile home on a double lot and she is being charged for 10,000 square feet. She requested an explanation of how the square footage was calculated and why the Wilmington/Hanby Beach area could not be part of the New Hanover County Water and Sewer District. Deputy County Manager Weaver commented on oceanfront lots and advised that Staff will review the lots where the beach renourishment removed footage from properties. In these cases, the assessment will be reduced. Also, the $2,761 assessment sent out as a sample on the fact sheet will be required of all existing structures in place. If a residential structure is placed on two lots, the property owner will be assessed the $2,761 for one water and one sewer tap. If the property owner desires a water and sewer tap to serve the adjacent lot, there will be an assessment of $2,761. If the property owner does not want a water and sewer tap for the adjacent lot, the assessment will be reduced by the amount of tap that would be required. County Manager O’Neal reported when the Water and Sewer District was established in 1983, it was determined by federal regulations to allow a District from north of Snow’s Cut Bridge because of the difficulty in crossing under the bridge. The current Commissioners were not on the Board, and federal criteria had to be met to establish the Water and Sewer District. The County is serving as a pass-through agency for money on behalf of the citizens living in the Wilmington/Hanby Beach area. Numerous residents from the area have approached the County about providing these services, and under State Law, this is the only way to provide water and sewer services to the area. Mr. Mike Cooper, owner of the Sea Ranch Motel at Wilmington Beach, commented on having Carolina Beach sewer with payment of impact fees and said that Carolina Beach already has a sewer line running to the area. He asked if it was fair to receive double assessment in this type of situation. Finance Director Shell informed Mr. Cooper that any residents already connected to Carolina Beach sewer would not be assessed. Vice-Chairman Greer asked if the numbers on the fact sheet were correct. Assistant County Manager Weaver responded these are estimated numbers and reported when the bid for the overall project is received from the contractor, the actual figures will be calculated. Mr. Joe Salem, a resident of Wilmington Beach, asked if bonds could be used to pay for this project. County Manager O’Neal explained that assessing property owners is a way under State Law that New Hanover County can borrow money for a specific project. Mr. Joe Salem asked if the formula utilized was the most inexpensive figure. Vice-Chairman Greer informed Mr. Salem that staff was requested to calculate the figures on the high side. Mr. Joe Salem asked if more than one bid will be received for the project. County Manager O’Neal responded that at least three bids are required by State Law before NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 486 an award of contract can be made. Finance Director Shell advised that it will take approximately 15 months before the assessments are imposed. The bid has to be awarded and the figures will be calculated at that time. No assessments will be made based on estimated figures. Ms. Andrea Edwards, a resident of Wilmington Beach, asked if there was a general fund available for the Wilmington/Hanby Beach area. She noted that taxes had doubled in the area, and the residents would like to know why financial assistance is not being provided for the project. County Manager O’Neal advised that no property tax dollars have been expended for water and sewer services in the unincorporated area of the county. Sales tax and grant monies plus charges for water and sewer fees have paid for the installation of sewer. The County is borrowing $3,500,000 from a lending institution with this money being paid back over a period of years with interest charged to the county. No money will be made by New Hanover County; therefore, the residents are being requested to pay the County back to repay the lending institution. Ms. Edwards strongly objected to paying taxes and the Wilmington/Hanby Beach area not receiving any services. Chairman Caster informed Ms. Edwards that County taxes pay for the court buildings, schools, the County Jail, health services and social services. Commissioner Howell presented a copy of last year’s budget showing how County funds are expended. Mr. Charles Lambert asked if New Hanover County had purchased any sewer or water systems in the county, and if so how much was assessed to the customers. Assistant County Manager Weaver explained that New Hanover County had purchased several water systems. In these cases, the cash flow from monthly fees pays the debt service. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt the Final Assessment Resolution to assess real property owners in the Wilmington/Hanby Beach area for the provision of a public water and sewer system. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Final Assessment Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. APPROVAL OF CONTRACT AMENDMENT #98-0260A TO ENGINEERING SERVICES, P.A. FOR THE WILMINGTON-HANBY BEACH PROJECT County Engineer, Wyatt Blanchard, advised that until recently the Wilmington-Hanby Beach Sewer project was considered to be two projects, Phase I for the developed area, and Phase II for the undeveloped area. Carolina Beach and Kure Beach have requested the County to include design and construction of a water system parallel with the sewer system to reduce the overall project cost and minimize the inconvenience to the residents living in the area. Staff has met with the Tucker brothers, owners of a large portion of the undeveloped property, to determine the exact cost for Phase II. It was found that only a small portion of the undeveloped property was proposed to be served. Since the undeveloped portion of the project has been reduced, Phase I and II can be combined into one project. In order to add the area not originally included in Phase I and to add water for the project, it will be necessary to amend the engineering contract. Staff has negotiated and received an additional fee from Engineering Services, P.A. in the amount of $114,350 to perform the additional design work and provide contract administration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 487 In closing, County Engineer Blanchard advised that Staff recommends approval of the amendment to the contract. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve an amendment to the Engineering Design Services P.A. contract in the amount of $114,350 to perform the additional design work, and to authorize the Chairman to execute the necessary contract documents . Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. BREAK Chairman Caster called a break from 10:00 p.m. until 10:15 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY ROBERT HIGH FOR FUTCH CREEK PROPERTY, LLC TO REZONE 13.2 ACRES IN THE 8700 BLOCK OF MARKET STREET FROM R-15 RESIDENTIAL TO CD CONDITIONAL USE DISTRICT (B-1) (Z- 672, 8/99) 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 step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Robert High Margaret Gray Mary B. Nixon Brownie Murray Reverend David Foy Tony L. Lockett Planning Director, Dexter Hayes, reported that the Planning Board voted 5-1 in favor of the applicant’s request with modifications. Changes from the original request included limiting the CD (B-1) District to Phase 1 only and restricting each building to no more than 5,000 square feet. Several Kirkland residents spoke in opposition at the Planning Board meeting. Concerns included additional traffic and noise, increased taxes, child safety, and residential impacts to the 75 homes in Kirkland. The residents also stated that proposed commercial services in the area would have no benefit, as services were available at Porters Neck Shopping Center less than one mile from their homes. Planning Director Hayes presented the following preliminary findings of fact: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based on the following findings: A.The property is located in the Ogden VFD District B. The site will have direct access to a proposed Service Road for Market Street (part of the Highway 17 By-Pass). C. Sewer service will be provided by the County. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A site plan meeting the minimum requirements has been submitted. B. Parking requirements of 1 space per 400 square feet of building area will be required. C. Building size is limited to a maximum of 5,000 square feet. DBuffer yards and setbacks from adjoining residential property will be met. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 488 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. A.The property will have direct access on the proposed service road. B. Adjacent properties are developed with housing or are vacant. C.Commercial property is located at the intersection of Futch Creek Road and Market Street and northeast of the site. 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. Commercial property is located to the southwest at Futch Creek Road and northeast (1,000 feet) from the site. B.The proposed service road will accommodate traffic using commercial services. Commissioner Davis asked if the modifications recommended by the Planning Board would change Staff’s recommendation for denial of the request. Planning Director Hayes responded that Staff does not feel another commercial center is needed in this area because of the nearby Porters Neck Shopping Center. Also, the site is across the road from an established residential neighborhood, known as the Kirkland Community. Chairman Caster asked if the petitioner would like to comment. Mr. Robert High, representing the petitioner LLC, reported efforts have been made to provide a plan to accommodate the concerns presented at the Planning Board meeting. It is the desire of the developer to rezone a portion of the original request, which is Phase I of the 13-acre tract. The original request was for B-2 zoning, but after discussion with the Planning Department, it was decided to request a B-1 Conditional Use. To address the concerns of residents in the Kirkland Community, all permitted uses that would not be compatible with nearby residential properties have been removed from the plan. Buffers will be provided and the size of buildings have been limited. Mr. High commented on the commercial uses along Market Street and stated that plans have been made by the N. C. Department of Transportation (NCDOT) to place a major intersection in front of the property. There will be an access from Futch Creek Road south with a multi-lane intersection with a median crossover by the property. It is felt this tract of land is not suitable for residential use, and the proposed plan will provide an attractive transitional use that will benefit surrounding properties. Mr. High requested the Board to approve the Conditional Use zoning, and he offered to answer questions. Chairman Caster asked Mr. High if the plan had been scaled back to the development shown under Phase I. Mr. High responded at the beginning of the project, B-2 zoning was requested; however, after learning this would not be compatible with surrounding neighborhoods, the plan was scaled back to a B-1 Conditional Use zoning for Phase I with remaining property remaining residentially zoned. Ms. Margaret Gray, representing W. K. Dickson, reported the developer is requesting B-1 Conditional Use zoning to develop a 3-acre tract to create a transition area between the interchange that will be installed by the NCDOT. The proposed traffic count per day is 43,000 trips. At this intersection, the road will be four lanes with an elevated overpass that will crossover Highway 17 near the Kirkland Community on Market Street. Stephens Church Road will become a cul-de-sac. The proposed plan will create a transition use with traffic islands, trees, and single-story buildings limited NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 489 to 5,000 square feet, which will create a neighborhood atmosphere. Chairman Caster asked if anyone sworn in would like to speak. Ms. Mary B. Nixon, a resident of the Kirkland Community, expressed concern for the current traffic on Market Street which has become a traffic hazard for residents going in and out of the community. She said the residents do not want further commercial encroachment into their neighborhood. Vice-Chairman Greer asked Ms. Nixon if she was aware of the proposed service road that will be a separate road off Market Street. Ms. Nixon responded that she was aware of the service road, but stated this would not make a difference with the increased traffic from the proposed commercial facilities. Ms. Brownie Murray, a resident of the Kirkland Community, said her major concern was the type of uses that will be placed in the buildings. She said that Kirkland is a historic neighborhood of homes, churches, cemeteries, and a community building. With the nearby Porters Neck Shopping Center, there is no need for additional commercial development. If this request is approved, there will be noise and increased traffic that will make it unsafe for the children living in the community. She presented a petition of persons opposed to the rezoning and requested the Board to deny the request. Reverend David Foy, representing the Kirkland Community, commented on this being a nice community with homes and families, and he stated with the nearby shopping center, there is no need for additional commercial development. He requested the Board to deny the rezoning request. Mr. Tony Lockett, a resident of Kirkland Community, said he had lived in the Kirkland Community for five years. After serving in the Marine Corps and traveling around the country, this was a real community where everyone knows each other. The additional business uses are not needed, and further commercial encroachment could destroy a community that was established after slavery. He requested the Board to deny the request. Mr. High advised that when the intersection is constructed by NCDOT, Market Street will not be as accessible. The plan is to provide a business area to accommodate the surrounding properties so they will not have to travel Market Street. He also said that he had tried to contact the property owners in Kirkland and left a copy of the plan with Ms. Green. Discussion was held on the proposed intersection. Ms. Gray said that Stephen Foster Road, which is an existing right-of-way that serves part of the Kirkland Community, will become a service road on one side and a new service road will be constructed on the other side. Further discussion was held on the uses that have been eliminated for the permitted uses in the B-1 Conditional Use. Planning Director Hayes reported the petitioner has agreed to eliminate bars, discos, funeral homes, hotels, museums, fraternal organizations, landscaping facilities, recycling facilities, landfills, etc. Ms. Nixon expressed concern for approving this request and stated at a future date Mr. High will want to develop the entire tract of land for commercial uses, which will destroy the quality of life in the Kirkland Community. Chairman Caster asked Mr. High if he concurred with the findings as presented by the Planning Director. Mr. High agreed with the findings as presented. Vice-Chairman Greer stated the Kirkland Community is a historic community that has been NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 490 in existence for years. The residents have created a good neighborhood that does not deserve to be encroached upon by commercial development. He informed the Board that he could not vote to approve the rezoning request. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to deny the request based upon the evidence presented concluding that the location and character of the use will not be in harmony with the area in which it is to be located. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REQUEST BY JEFF SMERKO TO AMEND THE NEW HANOVER COUNTY THOROUGHFARE CLASSIFICATION PLAN BY RECLASSIFYING HINTON AND PARK AVENUES TO COLLECTOR ROAD STATUS (A- 298, 8/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the Planning Board voted 6-0 to recommend approval of reclassifying Park Avenue to a collector road status. Even though Hinton Avenue met the criteria for collector road status, the Planning Board concurred with the staff and several Hinton Avenue residents that the proposed road designation was not compatible with the existing residential neighborhood. Chairman Caster asked if anyone present would like to comment. Mr. Jeff Smerko spoke in support of the Planning Board’s recommendation and said he would amend his request to reclassify Park Avenue only and withdraw the petition for Hinton Avenue. There being no further public comments, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to reclassify Park Avenue from a residential street to a collector road and allow Hinton Avenue to remain a local residential street. Upon vote, the MOTION CARRIED UNANIMOUSLY A copy of the text amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. APPROVAL OF REQUEST BY LONNIE WILLIAMS, JR. FOR JOHN COBLE TO CLARIFY/REVISE ORIGINAL SPECIAL USE PERMIT OF DECEMBER 1991 SPECIFYING THE NUMBER OF DINING SEATS AT TRAILS END RESTAURANT LOCATED AT THE EASTERN TERMINUS OF TRAILS END ROAD (S-336, 9/91; 10/98; 9/99 Chairman Caster opened the Public Hearing and announced that the special use process required a quasi-judicial hearing; therefore, any persons wishing to speak must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Lonnie B. Williams, Jr. John Coble Linda Greenough Jon Burt Karen Cross Mike Marushack Robin Taylor James M. Lillis, Jr. Planning Director, Dexter Hayes, reported the Board of County Commissioners recently denied a request for expansion of the restaurant facility to the adjacent residential lot on the north side NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 491 of the property. At that meeting, there was concern about the number of seats permitted in the original Special Use Permit granted in 1991. The purpose of this hearing is to clarify the number of dining seats that should be permitted in the existing restaurant. The Planning Board heard the request by John Coble to clarify the original number of seats permitted in the 1991 Special Use Permit. After hearing the evidence, the Planning Board voted 6 to 0 to recommend increasing the Special Use Permit from 110 dining seats to 195 based on the existing use of the property and the consequences of limiting the number of seats to 110. Several nearby residential property owners were opposed to increasing the number of seats and expressed concern about adequate parking for 195 seats as well as directional lighting for the restaurant. The Planning Board addressed the lighting concern in the findings by requiring the lighting to be installed to shine only on the parking lot. Planning Director Hayes presented a revised site plan of the restaurant facility and the proposed layout showing the 75 parking spaces that will be needed to accommodate the 195 seats. The parking requirement is 1 space per 3 seats and 1 space per two employees. Commissioner Davis commented on reading the agenda materials and said in 1991 when the first expansion of the facility was approved by the Board of County Commissioners, the findings of fact stated that the restaurant had 90 seats before the 20 additional seats were added which authorized a total of 110 seats. Mr. John Coble is contending that an error was made in counting the number of existing seats in the restaurant when the 20 additional seats were approved. Mr. Coble contends that 85 existing seats were not counted in 1991, which would have increased the number of existing seats to 175 plus 20 for a total number of 195 seats. Planning Director Hayes agreed with the statement made by Commissioner Davis and stated this hearing is being held to determine the actual seats that were intended to be approved by the Board of County Commissioners when they issued the Special Use Permit in 1991. He advised that documentation in the Planning Department shows that 20 additional seats were added to the existing 95 seats. There are no records in the Inspections Department to show the exact number of existing seats in 1991. Commissioner Davis asked if Mr. Coble would have to meet the new parking requirements if 85 seats were in existence when the additional 20 seats were added in 1991. Planning Director Hayes responded that the Board will have to determine what was previously assumed to exist under the 1991 parking requirements. The revised plan presented tonight will not meet the current parking requirements in terms of landscaping and setbacks from adjacent properties. If the Board decides the original number of seats should have been 195 and the parking space was adequate at that time, the Commissioners can determine that current parking regulations do not have to be met. The Board also has the option to impose the current parking requirements. Chairman Caster asked if the petitioner would like to comment. Mr. Lonnie Williams, Jr., representing John and Carol Coble owners of the Trails End property, and the site of the Trails End Steak House, said they had appeared before the Board several months ago in an effort to expand the restaurant, and the application was voted down by this Board of County Commissioners. At that hearing, some of the residents argued that the existing Special Use Permit only allowed 110 seats in the restaurant. As a result of that, a complaint was made to the New Hanover Code Enforcement Officer requesting that seats actually be removed from the restaurant. In fact a letter was written by the Code Enforcement Officer to Mr. Coble. Attorney Williams stated that he held discussions with the Code Enforcement Officer and requested that the Officer refrain from taking action to remove seats from the restaurant until he could approach the Board of Commissioners to clarify what he thinks is simply a mistake. There was no limitation imposed based on the number of seats in the restaurant, there was a limit placed on the square footage for the building. Prior to the granting of the Special Use Permit in 1991, the only limitations on the number of seats in the restaurant were the required parking and the fire code NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 492 requirement. Attorney Williams advised that Mr. Coble desired to expand the front dining room, and he filed for a Special Use Permit in 1991. He said that Mr. Coble is present and he will briefly explain the situation in the restaurant concerning the seating at that time. Mr. John Coble, head proprietor of Trails End Steak House, expressed concern for having to appear before the Board and stated he felt it was a waste of time and effort, but he was compelled to defend what was rightfully his as granted in the 1991 Special Use Permit. He reported on March 23, 1987, at the close of business there were 98 seats in the Trails End Steak House. At 6:00 a.m. the next morning, there were no seats due to a fire. Upon rebuilding the restaurant and opening on April 26, 1988, there were 175 permitted seats. In 1991, after petitioning the Planning Board and the Board of County Commissioners, a Special Use Permit was granted to add 20 additional seats bringing the total to 195 seats. When the County Commissioners were approached about increasing the number of seats in the front dining room from 90 to 110 seats, the Special Use Permit was granted for 20 additional seats. The 85 seats in existence were not included in the permit. For the past seven years, the restaurant has functioned in this manner, and parking as been accommodated as required under the 1991 parking regulations. In closing, Mr. Coble offered to answer any questions and stated he was trying to protect what was rightfully his own. Commissioner Davis asked Mr. Coble if he was capable of providing adequate parking for 195 seats. Mr. Coble said on the original plot plan for the Special Use Permit there is a written condition by Ms. Ann Hines, the Zoning Enforcement Officer, requiring him to give up a driveway to reduce the amount of impervious surface. This is the reason for the large green section behind the restaurant dedicated as vegetative area. Commissioner Davis asked Mr. Coble if he would have to use his adjacent residential property to meet current parking requirements, or could this be accomplished on the designated historic site. Mr. Coble responded the adjacent lot would have to be used to comply to current parking regulations. Commissioner Davis asked Mr. Coble if any part of the adjacent residential area would be used for the business. Mr. Coble said the adjacent lot would not be used for business. . Attorney Williams said the sole intention in granting the Special Use Permit in 1991, was to allow Mr. Coble to expand the front dining room of the restaurant. Obviously he would have never sought any relief that would have resulted in a loss of seats. In the permit itself, the heading refers to “Dining Room Addition”, which means more dining space and more seats. This was the whole purpose. The permit refers to the fact that 728.5 square feet of space will be added. This is why the Special Use Permit was needed. As a non-conforming use, Mr. Coble could not add square footage without a permit; however, adding more seats does not require a permit as long as adequate parking is provided and the Fire Code is met. The only reference of the number of seats in the entire permit is under Paragraph 3A, Subparagraph 3. That particular paragraph deals with satisfying the required conditions and specifications for a restaurant, including handicapped access, setbacks, buffering and parking. Subparagraph 3 is concerned only with the issue of parking. It contains recitals about the seating capacity of the restaurant. Those recitals were and are erroneous. But the paragraph concludes by stating that ample parking was available. That conclusion was the only purpose of that subparagraph. If you then refer to the conclusion of the permit, it states in Paragraph 6 that the permit is granted and there is no condition shown anywhere concerning any limitation on seating. Attorney Williams said essentially there were two arguments to be presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 493 (1) The Special Use Permit as currently written does not impose a specific seating limitation. There was no seating limitation prior to 1991, and no limitation was intended by the permit issued in 1991. Mr. Coble is required to comply with the parking and the Fire Code requirements applicable to the restaurant. (2) In Paragraph 3A, Subparagraph 3 of the permit, the number of seats referenced is in error, and it should be corrected for the record. It states that the seating capacity for the restaurant is being increased from 90 to 110 dining seats. In fact, the front dining room seating capacity was increased, as a result of the permit, from 90 to 110. However, in 1991, there were 85 other seats in the restaurant. These seats were there when Mr. Coble made the application in 1991, and they are still there. Attorney Williams concluded that the total seating capacity is 195 and it has been in existence since the 1991 Special Use Permit. There is adequate parking on the site to support the seating and Mr. Coble has presented that plan to the Board. Trails End Steak House is a unique restaurant that should have an opportunity to continue to exist and compete. The relief was fashioned in such a way that it would not affect other businesses or open “Pandora’s Box.” There is not another business in New Hanover County that meets the requirements of the Historic Restaurant District. As a result of the permit being issued, the restaurant has had 195 seats continuously since 1991. Any resident or public official has been free to come and observe the restaurant and many have doubtless been there during that time, including most of the neighbors who have raised this issue. Until now, no one has tried to suggest that Mr. Coble is not entitled to the seats in the restaurant. A member of the Planning Board said last month that when Mr. Williams appeared before the Planning Board he could not believe this conversation was being held. In closing, Mr. Williams advised that Mr. Coble had come before the Board of County Commissioners to ask for an opportunity to remain competitive in the future. At this time, that opportunity is not there, it has been denied. Now Mr. Coble is asking to be allowed to remain competitive, and the decision made by the Board of County Commissioners will determine whether Mr. Coble can continue his business as he has for the last eight years. Removal of 85 of the 195 seats in the restaurant will mean the loss of 44% of his seating capacity. Purely and simply, this is Mr. Coble’s business. Restaurant seats are all he has to offer. Imagine reducing the production of your business by 44%. Needless to say, this would almost certainly doom the restaurant to failure. Mr. Coble is a hard working, industrious individual, who employs people and benefits the local economy. The Planning Board and Board of County Commissioners in 1991 saw that relief was appropriate, and 2 members of that Board currently serving on this Board, were involved with that process. Attorney Williams requested that the permit be corrected and clarified to insure that what was intended in 1991 is not denied in 1999. He also pointed out that there were several people present who would like to comment. Ms. Linda Greenough, a property owner on Trails End Road, said she grew up on this road and stated that Trails End Steak House has always been a way to identify this area and road. She stated that Mr. Coble has done everything that a business owner should do, and she feels that his livelihood would be taken away, if the seats are removed from the restaurant. Mr. John Burt, speaking on behalf of himself and Karen Cross, commented on the conversation about increasing the size of the restaurant, and stated since the number of seats was not increased, theoretically the traffic did not increase. He spoke on Mr. Coble’s business being an asset to the community and stated if Mr. Coble is required to reduce the seating capacity by 44%, he may have to sell the restaurant to someone who will not care about the neighborhood. He stated the members of the Twin Oaks Homeowners Association support Mr. Coble’s request. Mr. Mike Marushack referenced comments made by a gentleman at the last Planning Board meeting and said that he could not believe that a person was talking about “a little yuppie neighborhood” that was trying to get rid of this restaurant. He assured the Board this statement was not true and stated residents living on Trails End Road have enjoyed the restaurant. The neighbors have never approached the Board requesting any limitations, reductions, or restrictions on the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 494 restaurant. The neighbors are not trying to take Mr. Coble’s business or livelihood away from him. They hope that Trails End Restaurant will continue to be a successful restaurant as it has been since 1930. However, the neighbors are trying to protect the neighborhood and property values. Mr. Marushack stated that he would like to believe everything that Mr. Coble has said is true; however, he was not there and the only information available is the recorded minutes of the two meetings in 1991 and the meeting where the Special Use Permit was granted. It appears that Mr. Coble wanted to expand his restaurant in 1991, but was not able to because he was in a residential neighborhood. He approached the Planning Board and was denied the expansion by a 6 to 1 vote based upon concern for the introduction of such facilities in a residential area would prevent further residential decline. For that reason, a Special Use Permit was requested for designating the Trails End Steak House as a historic restaurant so the expansion could occur. At this meeting, some people spoke and expressed concern for the historic restaurant designation being granted because of Mr. Coble’s influence in the community. It was felt that if a person of lesser stature had made the request, it would have probably been denied. Interestingly, this is the only historic restaurant in the entire county. Mr. Marushack noted that Mr. Coble has already stated that before the fire, there were only 91 seats; therefore, the square footage had to be the same. This leads to the conclusion that in the beginning there were 90 to 98 seats. Mr. Coble was allowed to expand the restaurant by 728 square feet and add 20 more dining seats. This brought the total number of seats to 110. Counting employees, 41 parking spaces were needed and there was enough land to meet the existing parking requirements. Reading from the minutes of December 2, 1991, other conditions were placed on the permit regarding traffic, lighting, and noise. At the end of the presentation, Chairman Matthews “asked the petitioner if he agreed to the findings as presented by the staff, which includes 90 seats increasing to 110 seats, and if he would abide by the traffic, lighting and noise generation requirements. Mr. John Coble, the petitioner, concurred with the findings and statements as presented.” The Special Use Permit allowed the historic restaurant addition and increased seating from 90 to 110. Mr. Marushack said as a concerned citizen he did not care about the exact number of seats, but he wants to make sure that the restaurant does not infringe upon the property values and that the surrounding neighborhood remains as “normal”. Mr. Coble says that he has room for 75 cars; however, it is difficult to believe the site is large enough to accommodate 75 parking spaces. This has been evidenced by the fact that employees are parking on the R-15 lot adjacent to the restaurant. This is why concerned citizens in the area called and asked for the Zoning Enforcement Office to check into this matter. The citizens were informed that Mr. Coble could not park 10-15 cars on his adjacent R-15 lot. The cars had to be parking in the parking lot. Since this time, more cars are being parked on the road accessing the restaurant. Mr. Marushack presented photographs of cars blocking driveways and keeping residents from leaving their homes during hours of operation, which indicates that parking spaces are not available in the parking lot. He said the neighbors do not want to take Mr. Coble’s business away from him, but over time, Mr. Coble has proven that he is not willing to comply with the regulations set by the Board of County Commissioners. He has more seating than was recommended, and he has not corrected the lighting, which shines directly into the Intracoastal Waterway. Nothing has been done about vegetation and landscaping as required in the 1991 Special Use Permit. Mr. Marushack requested the Board to consider the following recommendations: 1.Mr. Coble should be required to comply with the 110 seats as approved by Board agreed upon by Mr. Coble in 1991. 2.Mr. Coble should be required to comply with the other conditions agreed to in 1991, namely 41 designated off street parking spaces. 3.Mr. Coble should be required to comply to the lighting conditions of the permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 495 4.There should be some motivation required for Mr. Coble to begin this compliance, for example, he should be required to put money in an interest bearing escrow account that he can get back as soon as he complies with all the conditions of the 1991 Special Use Permit. Ms. Robin Taylor, a resident of 155 Trails End Road, stated she was not opposed to Mr. Coble’s restaurant; however, she would like to comment on Mr. Coble’s light that is directed toward the Intracoastal Waterway. She expressed concern for this light blinding boaters traveling the Intracoastal Waterway at night. After calling the Coast Guard about the light, she was informed that New Hanover County would have to deal with this issue because the light is located on property within the county. When contacting the County, she was informed that New Hanover County does not have jurisdiction because the light is located on private property. Ms. Taylor requested the Board to enforce the lighting requirement under the 1999 Special Use Permit. Ms. Taylor read from an article published in the Star News on September 1991 saying , “Mr. Coble had already asked for an exception to let him add space for 20 more people in the red barn style restaurant, which now seats 90 people.” It appears that the Star News also felt that 90 seats were in the restaurant when the request was made. Regardless of the number of seats, Mr. Coble should comply to some restrictions. Ms. Taylor said according to additional landscaping requirements for parking lots, the policy reads as follows: “Parking lot interiors and parking spaces shall be blocked or curbed to prevent vehicles from either parking on planted islands or landscaped yards by an average of more than one foot”. Under Section 71 of the Zoning Ordinance, it reads as follows: “Special uses shall comply with the height, yard area, and parking regulations for the use district in which they are permitted.” Ms. Taylor said in order to know if the parking lot is in compliance with the Zoning Ordinance, the spaces will have to be blocked with railroad ties or some other material that will compliment the building. She requested the Board to require some type of blocking and provide ample time for Mr. Coble to comply. Ms. Taylor said the neighborhood does not want to hurt Mr. Coble, but they do not want to lose the integrity of the area. Commissioner Davis asked Ms. Taylor how she would feel if Mr. Coble marked off the required number of parking spaces. Ms. Taylor responded if concrete curb blocks, similar to those used at the Pilot House or in the Chandler’s Wharf area would be fine. Commissioner Davis asked Planning Director Hayes if the Zoning Ordinance required parking spaces to be blocked. Director Hayes responded that parking spaces are required to be designated on the ground. Ms. Taylor again reiterated the fact that Mr. Coble is not in compliance with the lighting, seating and other items. She stressed the importance of the Board making the necessary changes to the Special Use Permit to specifically identify the requirements so Mr. Coble will know what he has to do and the residents will know what they have. Vice-Chairman Greer requested Ms. Taylor to explain how the curb stops will make her feel better about the parking lot. Ms. Taylor said that she does not feel that Mr. Coble has enough room on the lot for 75 parking spaces. Vice-Chairman Greer asked Ms. Taylor if the curb stops are installed, will Mr. Coble have to do something else to please the neighbors. Ms. Taylor responded that she wants to be sure that Mr. Coble can actually fit that many cars NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 496 on the commercial lot. Vice-Chairman Greer said it was difficult to understand this concern when cars have been parking at the restaurant for the past seven years. Ms. Taylor responded that people have been parking along Trails End Road and on easements for the past seven years. The residents will feel more secure if specific requirements have been followed by Mr. Coble. There are some nights that cars are parked on both sides of the easement. If Mr. Coble had blocked areas, this would not occur. Vice-Chairman Greer asked Ms. Taylor if there were boat trailers parked in the area. Ms. Taylor responded that the gate had taken care of this problem. James M. Lillis, Jr., a resident of 620 Trails End Road, said he agreed with the remarks made by Mr. Marushack. He advised that having designated parking areas would really help the patrons to know where to park when dining at the restaurant. It would also improve the number of parking spaces, because cars are parked haphazardly to the point where customers have to park on both sides of the road. He informed the Board that no boat trailers are in the area because cars parked on the sides of the road make it impossible to use the road. Mr. Coble expressed concern for hearing many remarks that are not true. He advised that boat trailers are in the area and said they have never been removed. Due to more control, the trailers are not as noticeable. In response to marking parking spaces, the hurricane washed away the wooden parking designators that were in place, and these can be replaced. In response to lighting, there are two large floodlights. One light is directed on his adjacent lot and private pier, and the other light is directed toward a marsh island that is uninhabited in front of the building. When riding down the waterway in his boat, there is no problem with the lights until a person looks directly toward the property. The lights are not a hazard to persons navigating the Intracoastal Waterway at night. Mr. Coble noted that to his immediate right when facing the water, there are two new neighbors, Mr. Lillis and Mr. Craig, who have chosen to install 360 degree mercury vapor lamps on their docks. The lights prevent him from being able to sit in his dining room and look out to the southeast, and they shine directly into his place of business and his parking lot; however, nothing has been said about the lights. In concluding his remarks, Mr. Coble stated that he believes when Mr. Matthews asked him if he was satisfied with 20 additional seats during the special use hearing, his answer was yes because he was referring to the front dining room, not the entire building. Chairman Caster asked for comments from the Board. Commissioner Birzenieks said he would like to hear from Ms. Copley regarding the legal issues raised. Ms. Copley responded that if a Special Use Permit is violated, the permit can be revoked or the Zoning Officer can write a citation. Chairman Caster requested the Planning Director to explain the parking requirements. Planning Director Hayes advised that the issue goes back to what the Board considers as existing seating and parking needs in the original permit. If the Board determines that 175 seats originally existed in 1991, the Board could waiver the requirement to bring the existing parking lot up to current requirements. Also, the Board still has the option of requiring designated parking spaces to provide more efficient use of the parking lot. Vice Chairman Greer stressed the importance of everyone understanding the issue. Is this about Mr. Coble trying to do something new, or is this about an error that occurred and needs to be corrected. He stated, in his opinion, it does not make sense for Mr. Coble to remodel his business to reduce the seating capacity. It would be unfair to go back and change the rules because of an NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 497 error that occurred in writing a number on a form. With reference to the parking, people are saying that Mr. Coble is using the adjacent lot for employee parking. If Mr. Coble owns the lot and requests his employees to park there, this should not be a problem to the neighbors. If Mr. Coble has a private dock on his lot and someone wants to dock there with his permission, whether they eat in the restaurant or not, that is a private pier and not his business. This is a good case of government trying to hassle someone who is trying to make a living. In concluding his remarks, Vice-Chairman Greer stated that he was embarrassed for Mr. Coble having to go through this process, and noted it was difficult to believe that residents in the area would come and complain about a business that has been operating under the guidelines of the Special Use Permit for seven years. It is obvious that Mr. Coble wants to clarify the situation, and it appears that some people want to put him out of business. Mr. Marushack expressed appreciation for the remarks made by Vice-Chairman Greer, but asked if Mr. Greer understands that people are required to comply to regulations. In the 1991 Special Use Permit, it is clearly stated what requirements should be followed by Mr. Coble. The Board should not apply stipulations that are not enforced. For nine years the County has not required Mr. Coble to do anything. The residents are not trying to take away his business, but we are asking the Board of County Commissioners to enforce what was enacted nine years ago. All Mr. Coble has to do is to comply to the ordinance as done by any other business or restaurant in the county. Commissioner Davis asked Mr. Marushack if he was referring to the designated parking spaces and number of seats, and if so, why was the lack of compliance not mentioned by the residents until now. Mr. Marushack responded that the neighborhood is changing, and the area directly across from Mr. Coble now has two houses which were built several years ago when the restaurant was on a small lot. The residents are trying to protect the neighborhood. Commissioner Davis commented on the difference in the number of seats and said for the past seven years, it does not appear that property values have been negatively impacted; however, he can understand why the neighbors want designated parking. Mr. Marushack responded that he feels the neighbors did not complain because properties have been sold within the last two years that have placed four houses directly in the vicinity of the restaurant. These residents are tired of the roads being blocked, driveways being blocked, and the fact that Mr. Coble has not complied to the conditions of the 1991 Special Use Permit. Vice-Chairman Greer asked Mr. Marushack why he purchased his lot near the restaurant. Mr. Marushack responded that he did not purchase the property to have his driveway blocked or lights glaring into his home because of the restaurant. Vice-Chairman Greer asked Mr. Marushack if he realized that Trails End Steakhouse was there first when he purchased the lot. Mr. Marushack responded that he was aware of the restaurant being in existence; however, Mr. Coble should be required to comply to the conditions of the Special Use Permit granted in 1991. Mr. Coble has been out of compliance for nine years. If parking, lighting, and landscaping issues had been met, the neighbors would not be attending the meeting. Commissioner Davis asked Mr. Marushack if he was referring to parking and landscaping requirements. Mr. Marushack responded parking, landscaping, and lighting. He said when trying to get to the boat yard marina from the water, it is difficult to see where you are going because of the bright lights. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 498 Vice-Chairman Greer stated the lights are beneficial to him when he carries his boat through the channel. Motion: After stating that Mr. Coble was an honorable man operating a business that had become a credit to the entire area, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to accept the Planning Board’s recommendation and amend the Special Use Permit Order adopted on December 2, 1991 to include a total number of dining seats at 195. The floor was opened to discussion. Vice-Chairman Greer asked Planning Director Hayes if the adjacent lot owned by Mr. Coble could be used for employees to park on to relieve parking on Trails End Road. Planning Director Hayes responded that the Zoning Ordinance prohibits commercial parking in a residential zone. Vice-Chairman Greer requested an explanation of why this would be considered commercial parking. Planning Director Hayes responded the parking serves a business. This is a common situation. For example, there are restaurants on Airlie Road that have parking on the other side of the road. There have been instances on Airlie Road where restaurants are on one side of the road and parking is on the other side. This was handled through a Special Use Permit to allow commercial parking in residential areas if they are in close proximity or within a certain distance from the business. Vice-Chairman Greer noted this was the same situation with Mr. Coble. Planning Director Hayes responded that Mr. Coble has the right to request a Special Use Permit to extend the parking area onto the adjacent lot; however, the issue being considered tonight is to revise the existing Special Use Permit in terms of the number of seats in the restaurant. If the use of the adjoining property is changed, this will require re-advertising the case. Vice-Chairman Greer referenced the letter concerning the use of Mr. Coble’s private pier by customers, and he asked if this was in conflict with the Zoning Ordinance. Planning Director Hayes responded that complaints were received about customers using the private pier when eating in the restaurant. The Zoning Enforcement Office determined that since this use was not a part of the lot approved for the commercial restaurant, it could not be used for dockage. Vice-Chairman Greer said if Mr. Coble invited him to eat in his restaurant and he used his private pier to dock his boat, why should the County be involved in this matter. Attorney Copley responded if Mr. Coble was issued a citation for this type of use, he could appeal to the Zoning Board of Adjustment to interpret the meaning of the ordinance. Planning Director Hayes explained that Mr. Coble has the right to request a Special Use Permit to expand parking onto his adjacent residential lot and to allow customers to dock at his pier like the businesses located on Airlie Road. Mr. Coble advised that when he applied to CAMA for the permit to build the pier, it was understood with Mr. Bob Stroud, the CAMA representative, that he could use the dock as he saw fit. No county permits were required. He said he was astounded when he got his wrist slapped and was told he could not use his private pier for good friends to dock their boats to visit him or come in the restaurant. Also, his employees are considered part of his family and they have been parking in back of his lot for a number of years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 499 Commissioner Birzenieks asked Mr. Coble how long the restaurant had been located on the site. Mr. Coble responded the building had been used as a steakhouse for 30 years; however, prior to that, it was an Oyster Road in the 1930's. Commissioner Davis asked Mr. Coble if he would be willing to mark off the 75 parking spaces, if the Commissioners approve the motion on the floor. Mr. Coble said he would attempt to designate the spaces. Chairman Caster asked Mr. Coble if he was willing to use concrete blocks. Mr. Coble responded that aesthetically he would rather use railroad ties. Vice-Chairman Greer said it would be inappropriate to require rigid parking designations for a historic restaurant. Commissioner Davis said it was his understanding that the designation of the parking spaces was a requirement. Planning Director Hayes responded that this was correct because it promotes more efficient use of the parking space. Commissioner Davis asked Mr. Coble how long he thought it would take him to designate the parking sites. Mr. Coble responded that for many years the designation of parking spaces had not been a problem. He said even with the haphazard way of parking there is enough room for his customers to park. Chairman Caster said the Board has a motion that has been seconded to approve the 195 seats as recommended by the Planning Board. Planning Director Hayes asked if this motion means that the existing findings should be affirmed with only a change in the number of seats. Commissioner Davis stated this motion does not address the parking. Substitute Motion: Commissioner Davis MOVED, SECONDED by Chairman Caster to approve the 195 seats and require the 75 designated parking spaces with parking stops. Vice-Chairman Greer reminded the Board that the substitute motion will require Mr. Coble to comply to current parking requirements that were not in effect when the additional seats were approved in 1991. A lengthy discussion ensued on the parking issue. Mr. Marushack asked if a time constraint could be placed on compliance to the parking requirements. Mr. Coble expressed concern for addressing the parking requirements and said the hearing was scheduled to clarify the number of seats. He stated that he did not know how long it would take to complete the parking designations through CAMA regulations. SUBSTITUTE MOTION. Chairman Caster called for a vote on the Upon vote, the SUBSTITUTE MOTION FAILED by a 2 to 3 vote. Commissioner Birzenieks, Commissioner Howell and Vice-Chairman Greer voted in opposition. ORIGINAL MOTION Chairman Caster called for a vote on the to amend the 1991 Special Use Permit Order to approve 195 seats as recommended by the Planning Board. Upon vote, the ORIGINAL MOTION CARRIED UNANIMOUSLY. A copy of the revised Special Use Permit is contained in SUP Book III, Page 1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 500 PUBLIC HEARING TO CONSIDER REQUEST FOR SPECIAL USE PERMIT BY FRANCES RIVENBARK FOR AMY RIVENBARK TO PERMIT DAY CARE CENTER FOR 25 CHILDREN IN APPLE VALLEY SUBDIVISION, CASTLE HAYNE(S-443, 8/99) Planning Director Hayes reported the applicant was not present. County Attorney Copley asked if the petitioner had withdrawn the request. Planning Director Hayes said that it was the understanding of Staff that the petitioner was going to withdraw the request. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to DENY the Special Use Permit based upon increased traffic, decreasing property values and parking at a residential lot as found and recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONTINUANCE OF PUBLIC HEARING TO CONSIDER REQUEST BY ALTON LENNON FOR ARCHIE MCGIRT & GAIL BATTEN TO REZONE 14.78 ACRES IN 400 BLOCK OF MOTTS CREEK ROAD FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-678, 8/99) Attorney Lennon advised the petitioner has requested continuance of this item until the October 4, 1999 meeting. Motion: Commissioner Birzenieks, MOVED, SECONDED by Commissioner Davis, to continue the Public Hearing until October 4, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONTINUANCE OF PUBLIC HEARING TO CONSIDER REQUEST BY JOHN WESSELL FOR LARRY AND MAGGIE RIPA TO REZONE 5.25 ACRES LOCATED AT THE NORTHWEST INTERSECTION OF SMITH CREEK PARKWAY AND HIGHWAY 132 NORTH FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTIONAL (Z-679, 8/99) Attorney John Wessell, advised that the petitioners have requested continuance of this item until the October 4, 1999 meeting. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to postpone the Public Hearing until October 4, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 1:25 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 1:30 a.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion on the Status of the Northeast Branch Library Commissioner Birzenieks inquired as to the state of the Northeast Branch Library. Assistant County Manager, Patricia Melvin, advised that specifications for the renovations will be completed by the end of the month. It should take approximately six weeks to receive bids. Commissioner Birzenieks said the members of the Fund Raising Committee would like to know the projected time frame. County Manager O’Neal said that the architect would be presenting a status report at the next meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, SEPTEMBER 7, 1999 PAGE 501 Work Sessions Scheduled Consensus: After discussion, it was the consensus of the Board to schedule the following Work Sessions on the following dates: Conservation Text Amendment, September 20, 1999 Capital Project Budget Work Session, September 30, 1999 Adoption of Proclamation to Allow the County To Remove Vegetative Debris from Hurricane Floyd Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to adopt a proclamation to remove hurricane debris as a result of Hurricane Floyd by October 7, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 19. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 1:45 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the District Board