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1999-09-08 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF SPECIAL MEETING, SEPTEMBER 8, 1999 PAGE 502 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Wednesday, September 8, 1999, at 5:30 p.m. in the New Hanover County Cooperative Extension Auditorium, 6206 Oleander Drive, 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 stated the purpose of the meeting was to decide if the newly installed Airlie Gardens fence should be moved or left in its existing location. He commented on the many concerns expressed by residents in the community and he announced this was a Special Meeting, not a Public Hearing, for the Board of County Commissioners to hear background information on how and why the fence was placed in this location. Chairman Caster requested County Manager O’Neal to make the presentation. PRESENTATION ON PLACEMENT OF AIRLIE GARDENS FENCE County Manager O’Neal informed the Board that Staff did not intentionally create a controversy over the placement of the fence, and stated unfortunately, a lot of misinformation has been circulated throughout the community about the purpose of the fence. He advised that Airlie Gardens is not a park and once it is developed into a world-class garden, there will be a need for a security fence. County Manager O’Neal advised the Board that Staff selected this fence to provide security to the gardens and to blend aesthetically with the entrance into Airlie Gardens. The total project cost for the fence is $319,125 and a portion of the fence has already been installed. With the amount of concern from the public, the Commissioners may want to consider the following options: Option I: Complete the fence as presently located and designed with a review of the location in one year when the Airlie Gardens Master Plan is completed. This one-year delay will allow natural vegetation and/or ornamental plants to grow and soften the appearance of the fence. Option II: Complete the fence as presently located and reverse the panels so the overhang will face Airlie Gardens at a cost of $2,722. Option III: Remove the existing fence and relocate it an additional 10 to 12 feet inside the property line at a cost of $193,479. This option will require cutting down large trees and significant removal of vegetation. A 6-foot chain link fence could be substituted and placed inside the existing property line for approximately $100,000. Option IV: Remove the fence at a cost of $8,500. The fence could be used at another site, but the security and vision of Airlie Gardens as a world-class historic garden will be negatively impacted. In concluding the presentation, County Manager O’Neal presented photographs of how the fence will be enhanced once the natural vegetation and ornamental plantings have grown to soften the appearance. He requested the Board to consider Option I, which will allow the fence to remain in place with the design and location of the fence being considered as part of the overall Master Plan for Airlie Gardens. Commissioner Howell informed the Board that after walking down Airlie Road where the fence is located, he feels the present location is too close to the road and unsafe for the traveling public. He suggested moving the fence back an additional 5 feet, which would satisfy the concerns of the community and better protect cars, trucks, and pedestrians using Airlie Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF SPECIAL MEETING, SEPTEMBER 8, 1999 PAGE 503 Commissioner Birzenieks asked if Staff had considered the possibility of having a hedge instead of a fence. Dr. Bruce Williams, Director of the Cooperative Extension Office, informed the Board that hedgerows as seen in France and England are built in full, bright open sun areas. He advised that a natural hedge would be desirable, but with the amount of shade in the fenced area, it would not be possible to successfully grow an impenetrable trifoliate orange or privet hedge. Commissioner Davis requested County Manager O’Neal to comment on the possible impact of the fence on the designation of Airlie Road as a scenic road. County Manager O’Neal responded that after discussion with Ms. Louise McColl, a member of the N. C. Department of Transportation Board, the fence would not be a deterrent, but it could have some impact on the road designation. A lengthy discussion followed on the costs associated with moving the fence further back from Airlie Road. Commissioner Howell stated, in his opinion, the figure of $126,500 to clear and grade 15 feet was excessive. With proper use of bush hogging and bulldozer work, the job could be performed at a cost of $20,000. He also expressed concern for the difficulty in placing the fence in areas where the property quickly falls into gullies and said that longer poles would have to be purchased to keep the fence at an even level. After further discussion, Commissioner Davis and Vice-Chairman Greer suggested placing the fence on each side of the entrance to balance off the entry area and then curve each side into the vegetative growth to connect to a chain link fence that cannot be seen. County Manager O’Neal suggested completing the fence and allowing the fence design and location to become a part of the Master Plan. This action will allow for an overall plan to be developed so the fence can be placed in an aesthetically pleasing and environmentally acceptable location. Commissioner Howell again expressed concern for the safety issue, and he asked the County Attorney to comment on the liability to the County if someone is hurt. County Attorney Copley responded if someone ran into the fence and was hurt, the County would probably be sued. Motion: After a lengthy discussion on the need to relocate the fence, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to direct Staff to utilize the portions of the existing fence around the main gate approximately 10 feet off Airlie Road to where it will not be a safety hazard, connect this fence to a black chain link type of fencing that will wind through vegetation with no removal of significant trees, and direct Staff to use any remaining portions of the existing fence at another site or location. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Howell suggested meeting with Staff to walk through Airlie Gardens to see where the proposed fence will be located. County Manager O’Neal stated that Staff will be glad to use orange ribbons to develop a route that will not involve the removal of large trees. After further discussion, it was agreed to direct Staff to mark off the fencing area and invite the Commissioners to walk through Airlie Gardens to see where the fence should be placed. Further discussion was held on the need to place a warning sign near the middle entrance to Airlie Gardens where trees jut out and block the view of vehicles traveling Airlie Road. Commissioner Davis requested Dr. Williams to check into this matter with the N. C. Department of Transportation. Dr. Williams responded that he would be glad to check into this matter and report NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF SPECIAL MEETING, SEPTEMBER 8, 1999 PAGE 504 back to the Board. ADJOURNMENT Vice-Chairman Greer requested Dr. Williams not to take the controversy over the fence personally, and he expressed appreciation to him and Staff for the amount of work and effort already given to develop Airlie Gardens. Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 7:00 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board