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1999-11-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 610 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 1, 1999, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman, William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION Clerk to the Board, Lucie F. Harrell, gave the invocation. PLEDGE OF ALLEGIANCE Cub Scout Pack 218, Den 2, led the audience in the Pledge of Allegiance to the Flag. Mr. Joe Pedswater, Den Leader, informed the Board that these young men comprised Pack 218, Den 2, second year Webloes and reported they were working on their Arrow of Light badge. He expressed appreciation to Vice-Chairman Greer and the other Commissioners for allowing Pack 218 to present the Color Guard and Pledge of Allegiance to the Flag. Chairman Caster requested Mr. Pedswater to introduce each Cub Scout, and he stated on behalf of the Board, he would like to express appreciation to Pack 218 for leading the audience in the Pledge of Allegiance. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. Rick Fallon, a resident of 3445 Constable Way, NorthChase Subdivision, expressed concern for the flooding that occurs with a moderate rainfall in this section of NorthChase. He advised that roads become flooded with four to five feet of water and residents cannot leave their homes. It would be impossible for an emergency vehicle to respond during a rain event. He requested the Board to provide some type of engineering services to identify the reason for the flooding so the residents will know how to correct the problem. Chairman Caster requested County Engineer, Wyatt Blanchard, to contact Mr. Fallon to inform him about the study that was performed in NorthChase a few years ago. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested removal of the Water and Sewer Resolution listed under Item 2 from the Consent Agenda to the Water and Sewer Agenda. He also requested removal of Consent Agenda Item 6 for discussion. Commissioner Birzenieks requested removal of Consent Agenda Item 7 for discussion. Discussion of Consent Agenda Item 6, a Request for Two (2) New Positions for the Juvenile Restitution Program Vice-Chairman Greer requested the Board to approve the two positions with the understanding that if grant funds are eliminated, the positions will be terminated. Deputy County Manager Atkinson advised that all persons hired are informed about the positions being terminated if the grant funds are eliminated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 611 Discussion of Consent Agenda Item 7, New Assistant Project Manager Position Commissioner Birzenieks asked if he could assume that when an Assistant Project Manager is hired, capital projects will move more quickly and comply to the scheduled date of completion. County Manager O’Neal responded that the new position will allow for projects to move more quickly and provide a more efficient process for bidding and overseeing projects. Commissioner Birzenieks requested a brief report on the Northeast Branch Library project. County Manager O’Neal reported that bids should be received within two weeks. If the bids are under or within the estimated project cost, the project should move forward at a rapid pace. Chairman Caster called for a motion to approve the Consent Agenda. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to remove the Water and Sewer Resolution under Consent Agenda Item 2 to the Water and Sewer Agenda and to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes: Regular Meeting, September 7, 1999 Regular Meeting, October 18, 1999 Land Use Plan Public Hearing, September 7, 1999 Airlie Gardens Work Session, September 8, 1999 Emergency Meetings, Hurricane Irene, October 16, 1999 Board of Equalization & Review, October 18, 1999 Closed Session, October 18, 1999 Adoption of Proclamation to Authorize New Hanover County or Its Agents to Access Private Property The Commissioners adopted a resolution to authorize New Hanover County or its agents to access private property to remove hurricane debris from ditches. The Chairman was authorized to execute the necessary documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 25. Approval of Budget Amendment #00-0050 to Increase Aid to Public Libraries - New Hanover County Library The Commissioners approved the following budget amendment to increase the book budget for the Library by $1,926 as a result of additional funding received from the Aid to Public Libraries. The New Hanover County Public Library anticipated receiving $196,326 and actual funds were received in the amount of $198,252. Budget Amendment #00-0050 - Library DebitCredit Aid to Public Library Grant (State) $1,926 Books & Periodicals$1,926 Authorization for the Health Department to File a Grant Application to the Susan G. Komen Breast Cancer Foundation for the “Operation: Reach Women” Program The Commissioners authorized the Health Department to file a grant application in the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 612 amount of $19,822 to the Susan G. Komen Breast Cancer Foundation for the “Operation: Reach Women” program. This program identified low-income women in need of baseline cancer screening for breast and cervical cancer. No County match is required. If the grant is approved, the County Manager is authorized to accept the grant, approve the budget amendment and execute the necessary documents. Approval of Two New Positions for the Juvenile Restitution Program The Commissioners approved the establishment of two new positions, a Social Worker I and Community Services Juvenile Restitution Program Coordinator, for the Juvenile Restitution Program. While these positions will be County positions, they will be directly supervised by Phyllis Roebuck, Chief Court Counselor for the 5th Judicial District,. The reason for the change is because a program must be in place to oversee community service sanctions imposed by judges on juvenile defendants. In the past, the Child Advocacy Commission provided this service with the use of Community Based Alternatives funding. It has been found that this program does not fit into the vision of the agency, and the Child Advocacy Commission is being relieved of the program as soon as possible. As of this date a detailed budget has not been completed, but $105,000 is budgeted for the entire year, out of which $35,000 will be allocated to the Child Advocacy Commission to cover the cost of operating the program for the months of July through October, 1999. The remaining $65,000 will be for the new program. Approval of Establishing a New Assistant Project Manager Position - Engineering Department The Commissioners approved establishing a new Assistant Project Manager position because of the number of current capital projects. In order to effectively and efficiently manage these projects, the Assistant Project Manager position is needed. The position will be classified at Pay Grade 120 ($32,406 to $46,384). Adoption of Resolution Awarding Bid #00-0089 and Approval of Contract #00-0089 to Bob King GMC for the Purchase of Two Trucks for the New Hanover County Parks Department The Commissioners adopted a resolution awarding Bid #00-0089 to Bob King GMC, the only bidder, in the amount of $40,458.12. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 25. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Approve Installment Financing with Bank One to Finance Equipment and Approval of Budget Amendment #00-0056 - Finance Department The Commissioners adopted a resolution approving financing with Bank One for the purchase of equipment (computer system for the Register of Deeds, patrol vehicles for the Sheriff’s Department, and pumper tanker for Fire Services); authorized the County Manager and Finance Director to act on behalf of the County regarding the financing and other actions not inconsistent with the resolution; and approved the following budget amendment: Budget Amendment #00-0056 DebitCredit Administration: Installment Loan Proceeds $378,970 Motor Vehicle Purchases $378,970 Explanation: To adjust budgeted revenue and expense amounts to reflect installment financing required for patrol vehicles. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 613 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 25. A copy of the agreement is on file in the Legal Department. Authorization for Shaw-Speaks Child Development Center, Inc. to File a Governor’s Crime Commission Grant for the Carolina Children’s Initiative Program The Commissioners authorized the Shaw-Speaks Child Development Center to file a grant application to the Governor’s Crime Commission in the amount of $96,400 to fund the Carolina Children’s Initiative program for this fiscal year. The purpose of the program is to help young people make correct choices and build strong families. No County match is required, and the County Manager was authorized to execute the necessary grant documents. Approval of Agreement Between the North Carolina Administrative Office of the Courts and New Hanover County to Operate the Drug Court Program The Commissioners approved the agreement with the Administrative Office of the Courts to fund and operate the Drug Court Program in New Hanover County. No County money is required. A copy of the agreement is on file in the Legal Department. Approval of Budget Amendment #00-0051 for Crisis Intervention Program - Department of Social Services The Commissioners approved the following budget amendment: #00-0051 - Social Services Administration/Crisis Intervention Program Debit Credit Social Services Administration: Administrative Grants $28,658 Crisis Prevention Program: Assistance Payments$28,658 Explanation: To budget additional funds for the Crisis Intervention Program. No additional County funds are required. Approval of Budget Amendment #00-0054 - Social Services Administration/CP&L Intervention Program The Commissioners approved the following budget amendment: Budget Amendment #00-0054 - Social Services Administration/CP&L Intervention Program DebitCredit Social Services Administration: Administrative Grants $61,645 CP&L Intervention Program: Assistance Payments$61,645 Explanation: To budget additional funds for the CP&L Intervention Program. No additional County funds are required. REPORT ON DRAINAGE PROJECTS County Engineer, Wyatt Blanchard, presented a letter from Ms. Marilyn Stowell, a representative for the Natural Resources Conservation Service, who informed the Engineering Department that money was available for snag and drag projects; however, after sampling several areas in New Hanover County, it was found that problems existed before Hurricane Floyd because NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 614 of blocked culverts due to a lack of maintenance. The investigation has been stopped and New Hanover County will not be considered to receive funding. County Engineer Blanchard informed the Board that local contractors were not interested in cleaning out ditches and culverts because of the liability associated with accessing private properties. One contractor has been contacted and some cost estimates have been received to clean the following areas: ? Heritage Park: This area has a repetitive history of flooding problems during heavy rains and hurricanes. During the last storm event, two homes were flooded. The contractor has estimated a cost of $30,000 to clean out 2,800 feet of a ditch. This project will require approximately 400 to 500 manhours. ? Walnut Hills: One house was flooded during the last storm event. The contractor has estimated a cost of $7,000 to clean out 600 feet of a ditch. This project will require approximately four days. ? Runnymeade: The contractor has presented an estimated cost of $60,000 to clean out the ditches. This project will require six weeks to complete. Discussion has been held with the N. C. Department of Correction to use prison labor to remove light debris. Equipment will have to be used for removing large debris and other materials. The N. C. Department of Transportation has agreed to clean out the ditches once the outside ditches leaving the subdivision have been cleaned. Chairman Caster explained that Runnymeade will be used as a test case. The easements will have to be obtained from the residents and then the project will have to be coordinated with the N. C. Department of Correction. At this point, it appears that all parties are willing to participate in the project. Discussion was held on the possibility of the County hiring temporary personnel to perform the work. County Engineer Blanchard advised that personnel could be hired, but the County does not have the necessary equipment to remove the debris. Vice-Chairman Greer stressed the importance of moving forward with these projects, and he urged Staff to proceed as quickly as possible. County Manager O’Neal assured the Board that Staff was ready to move forward with the project. He stated if a project exceeds $75,000, the formal bidding process will have to be followed. Bids received under this figure will have to follow the informal bidding process. County Engineer Blanchard requested direction from the Board on prioritizing the projects according to the availability of funding. He asked if areas should be prioritized according to the number of houses that flood with rain events. Vice-Chairman Greer suggested prioritizing projects according to the damage and frequency of flooding in each area. Commissioner Howell agreed with Vice-Chairman Greer saying areas where houses flood more frequently should receive top priority. Consensus: After further discussion, it was the consensus of the Board to authorize County Engineer Blanchard to prioritize the projects according to the needs of the area. 2000 SCHEDULE OF REGULAR MEETINGS Chairman Caster reported that Lucie F. Harrell, Clerk to the Board, had presented a draft schedule of meetings for the year 2000. He asked if any members of the Board would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 615 Consensus: After discussion of the draft schedule, it was the consensus of the Board to direct the Clerk to the Board to revise the schedule to reflect the following dates: ? One meeting in July scheduled for July 10, 2000. ? Two meetings in December scheduled for December 4, and December 11, 2000. ? Change meetings in March to March 13 and March 27, because of the National Association of Counties Legislative Conference to be held on March 3-7, 2000 in Washington, D.C. ? Change meetings in May to May 8 and May 22 because of the election primaries to be held on May 2, 2000. ? Change meetings in November to November 13 and November 27, 2000 because of the general election on November 7, 2000. AUTHORIZATION FOR NEW HANOVER COUNTY TO APPLY FOR HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDS Staff Planner, Wanda Costin, introduced Mr. Chris Crew, a representative with the N. C. Department of Crime & Public Safety, Division of Emergency Management, to present a report on the Voluntary Buy Out Program under the Hazard Mitigation Grant Program. Mr. Crew reported that he and his staff have been charged with administering the Hazard Mitigation Grant Program for the State of North Carolina. The HMGP is designed to prevent future loss of lives and properties due to natural disasters. The program is a long-term solution that requires time to process. The HMGP is funded 75% by FEMA and 25% by the State of North Carolina. New Hanover County will be required to pay administrative funds for County Staff working on the project. FEMA does allow 3% over and above the budget to pay for some of the administrative expenses. The major goal of the HMGP is acquisition of flood prone primary residences. This is a 100% voluntary program, and no homes are condemned through eminent domain. If a homeowner decides at the last minute to change his mind, no penalty is assessed. Due to the magnitude of this disaster, the State Division of Emergency Management is investigating over 6,200 houses that have been completely destroyed. It is anticipated that approximately $2,000,000 will be available for the eastern part of North Carolina. This means that approximately 4,000 houses can be acquired at a cost of $50,000 for the house, land, and demolition costs. Chairman Caster commented on the $1,800,000 being requested from Governor Hunt for additional emergency funding, and he asked if some of these funds would be appropriated to the HMGP. Mr. Crew responded that he could not answer this question. Commissioner Davis asked who will have title to the property when it is acquired under the HMGP. Mr. Crew stated the title will be recorded in the name of the local government. When the HMGP application is submitted, the County can apply on behalf of the municipalities, or each municipality can submit an individual application. This is a competitive process; however, HMGP does not want to penalize smaller communities that are not equipped to submit their applications. Applications will be received from this date until May 1, 1999, for up to 100 properties per applicant. FEMA typically requires a cost benefit analysis on each project to show that every dollar spent will avoid spending another dollar in future flood damage. Mr. Crew presented the following phases of the project: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 616 PHASE I : An applicant may only apply for a maximum of 100 structures per application. The required cost benefit analysis will be waived, however, the N.C. Division of Emergency Management will perform a cost benefit and analysis for 10 per cent of the structures per applicant. A property “or” owner may be eligible for a buy out if it is a primary residence located in a flood way the or” primary residence has been substantially damaged and is located within the 100-year flood plain “ the primary residence is in the 100-year flood plain and the interior has been flooded with at least five (5) feet of water. A primary residence that has been moderately damaged may be eligible for a buy out if the structure is contiguous to a defined buy out area. Churches and mobile home parks will be included under certain conditions. If a mobile home park is occupied by persons renting the spaces for their mobile homes, and the landowner wants to sell the land, HMPG will acquire the land as well as the mobile homes with relocation assistance in certain instances. HMPG cannot purchase mobile homes in other circumstances. PHASE II : A structure that is a primary residence that has been moderately damaged and is located within a 100-year flood plain may be eligible for a buy out. However, a cost benefit analysis will be performed for each eligible structure. A structure may be eligible for a buy out if the structure has been severely damaged and is located outside the 100-year flood plain. Also in Phase II, the 100- year flood plain may be expanded and remapped to correct inaccurately mapped areas. Remapping will be determined by the N. C. Division of Emergency Management Engineering Staff. PHASE III: Primary residences that are located within a 100-year flood plain, but did not sustain interior flood damage may be eligible for a buy out. In this phase, the acquisition of vacant parcels contiguous to a defined buy out area may also be eligible. PHASE IV: An applicant my apply for funds to elevate structures in this phase. PHASE V: Critical public facilities such as a sewer plant, water plant and etc. may be eligible for a buy out. In this phase critical facilities have a broad interpretation. Business acquisition or retrofitting to prevent future damages caused by hurricanes and other natural disasters may be eligible for a buy out. Also, in Phase V storm water drainage improvements may be eligible; however, according to the N. C. Division of Emergency Management Staff, the funding of storm water drainage projects is highly unlikely. CONCLUSION: A property owner that has sustained substantial damage may be eligible for $15,000 in addition to their original flood claim. These funds may be applied for under the Increased Cost of Compliance ( ICC). A lengthy discussion followed on re-mapping of the floodplain. Mr. Crew advised that FEMA has made funding available for re-mapping of the floodplain; however, this will be a tremendous undertaking at a cost of $8 billion dollars for the entire United States. In North Carolina, FEMA has contracted with an engineering firm, and if the emergency management officials can identify some discreet areas that need review, these vicinities can be studied with computer models to determine the accuracy of the floodplain maps. This could possibly increase the size of the 100- year floodplain. If the floodplain is increased, some residents will experience an increase in homeowner insurance policies. Discussion was held on the number of acquisitions that can be filed under one application submitted by a city or county. Mr. Crew explained that New Hanover County would be limited to 100 structures for Phase I prior to May 1, 1999. After that date, another application can be submitted from New Hanover County for consideration of another 100 structures. The same rule would apply to the municipalities. Staff Planner Coston reported that when she initially met with Emergency Management, representatives of the City of Wilmington and Town of Carolina Beach were in attendance. It was decided for those elected officials to discuss this matter with their councils and determine if the municipality would like to participate in the program. As of this date, no response has been received from any of the municipalities. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 617 Chairman Caster asked if a piece of property is acquired and the County is the applicant, will the County own the property. Mr. Crew responded that New Hanover County will own the property contingent upon the attachment of a permanent deed restriction rendering the property unbuildable in perpetuity. The property can be used for any public purpose, such as ballfields, parks, or gravel parking lots. Chairman Caster requested Staff Planner Coston to outline the steps to be taken for the County to participate in the Buy Out Program. Staff Planner Coston responded that all persons interested in the program were notified about the meeting. She advised that after the presentation, Staff would be stationed at a table located on the First Floor to assist persons in filling out the questionnaire and other forms. County Manager O’Neal requested the Board to authorize Staff to submit an application for the program and hold discussion with the municipalities about joint or individual applications. It appears that individual applications might be in the best interest of each entity. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to authorize staff to submit an application to apply for the Buy Out Program being administered by the Hazard Mitigation Grant Program and to appoint Planning Director, Dexter Hayes, as the designated agent to oversee the project. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis asked if the program would assist with the purchase of greenspace. County Manager O’Neal said if contiguous parcels could be assembled to create a large space, the property could be used for ballfields or some other public purpose. He also requested the Board to authorize the Planning Staff to hold public meetings to inform the public about how the program is progressing. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY CHERYL POWELL FOR JOHN AND WILLIE MAE PERRY, JR., TO REZONE 1.52 ACRES LOCATED IN THE 6900 BLOCK OF MARKET STREET ON THE NORTH SIDE, FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-686, 10/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the petitioner is seeking to expand an existing commercial district by approximately 1.52 acres. The site is vacant, but an existing residential home does exist adjacent to and in front of the petitioner’s property. At the present time, an existing commercial district encompasses a sizable portion of the real estate along both sides of Market Street. Director Hayes reported that the Planning Board voted 6 to 0 to approve the petitioner’s request. At the Planning Board meeting, a nearby business owner expressed concern for limited access to the property. The back part of the property is served by a narrow 10-foot right-of-way between the custard eatery and paint store. Both establishments utilize this area for customer parking. The Planning Board acknowledged that access to the petitioner’s property would need to be improved prior to development of the property. The Planning Board also recommended rezoning the remaining portion of Parcel 5 to B-2 Business to coincide with the District Boundary. Commissioner Davis asked if Staff recommended approval Planning Director Hayes responded that Staff recommends approval of the rezoning because it is consistent with the Land Use Plan. There is concern for the access, but this is a pre-existing access that was originally platted for the properties in the rear. Chairman Caster asked if anyone present would like to speak in opposition to the rezoning. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 618 No persons commented. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning 1.52 acres located in the 6900 block of Market Street on the north side from R-15 Residential to B-2 Highway Business including the remaining portion of Parcel 5 as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 6, Page 74. BREAK Chairman Caster called a break from 7:45 p.m. until 8:00 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY ROBERT ERNST TO PERMIT A COMMUNITY BOATING FACILITY AT 804 INLET VIEW DRIVE (S-446, 10/99) Chairman Caster opened the Public Hearing and announced 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 Ernest Robert Plage Kevin DuRocher Harry Van Velsor Dr. Don Getz Jim Maultsby Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the request for a community boating facility provided that the proposed new boat lift is moved to the east as close as possible to the existing boat lift. This condition was recommended as the result of several neighbors expressing concern for the proposed boat lift interfering with channel clearance, which would make it difficult to navigate. Upon review of the drawings provided by the applicant, the Planning Board felt that moving the proposed new boat lift to the east would help keep the channel open. Planning Director Hayes presented the following Staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The subject property is served by community water and county sewer. B.The site is located in the Seagate Volunteer Fire Department District. C.Access to and from the site is proposed on Inlet View Drive. D.There is an existing boating facility with three lifts and one floating dock. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 619 A.The subject property is zoned R-20 Residential and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-20 Zones. B.The Zoning Ordinance requires the petitioner to demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. C.Off-street parking must be provided at one space per boat slip, on the site or nearby residential lots. C.The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. E.The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F.Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The surrounding land use is residential. The surrounding zoning is R-20. B.Several of the residences have existing private residential piers. C.Directly across the canal is an existing private residential pier. 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.Provided the improvements to the existing facility do not obstruct other boats entering or exiting the canal, the plan appears to be in keeping with the existing uses along the Shinn Point Canal. B.Other boating facilities are located on nearby lots. C.New Hanover County Land Use Policies encourage the consolidation of riparian access. Commissioner Davis asked if the Planning Staff agreed with the recommendation of the Planning Board. Planning Director Hayes responded that navigation and use of the channel should be insured at it current level. The Planning Board recommended moving the boat lift further east; however, there could some other configurations. Chairman Caster asked if the petitioner would like to speak. Mr. Robert Ernst, the petitioner, reported currently there are three boat lifts and one floating dock to accommodate four boats. The request is to remove an existing floating dock and replace it with a boat lift to retain four existing boat spaces. The second request is to build a floating dock for loading and unloading boats near the large boat lift to keep it further inside so the channel will not be obstructed. By removing the existing floating dock, more room will be created in the channel. The plan has been reviewed by CAMA and this agency is in agreement with the proposed plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 620 A lengthy discussion was held on the map presented and where the dock would be moved. Planning Director Hayes showed a map of the Shinn Point Canal and pointed out the site where the boat lift would be moved and where the new dock would be placed for loading and unloading boats. Vice-Chairman Greer asked if the proposed location would impede navigation in the channel. Planning Director Hayes stated the Planning Board felt additional clearance would be gained by moving the boat lift to the east. Mr. Ernest explained that currently there are three boat lifts located in the area. He reported that originally the permit allowed for four boat lifts to be built; however, the permit expired during construction, and the rules changed during that period of time reducing the size from 500 square feet to 400 square feet. In order to comply with the new regulations and receive another permit, one boat lift had to be eliminated and replaced with a floating dock for boats to load and unload. Chairman Caster asked if any other persons sworn in by the Clerk to the Board would like to testify. Mr. Robert Plage, a resident of 107 Wood Cove Road in Shinn Point, spoke in favor of the plan submitted by Mr. Ernest. He said the plan will open the channel without impeding navigation, and he requested the Board to approve the plan. Mr. Jim Maultsby, a resident of Wood Cove Road, spoke in favor of the plan presented by Mr. Ernst and said the proposal will open up the channel and provide better passage of boats in the canal. Dr. Don Getz, a resident of Shinn Point, spoke in opposition to the proposal presented by Mr. Ernst. He expressed concern for impeding the navigation of the channel if the plan is approved. Pictures were presented showing the east side of the channel and the proposed site for the floating dock. Dr. Getz said the existing boating facility was nice, and noted that any changes would interfere with the egress and ingress of other boaters. Mr. Kevin DuRocher, a resident of 853 Shinn Point Drive and the owner of a slip directly across from the proposed boat lift, spoke in opposition to the request. He expressed concern for impeding navigation of the channel with the additional boat lift and the visual appearance of the lift from his residence. He said when the permit was originally granted, part of the process was to obtain approval from property owners on either side of the project. The property to the east of the project is a boat ramp which is owned by the Shinn Point Subdivision. The Shinn Point Homeowners Board of Directors signed off on the proposal before it was presented at a general meeting of the association. There were several persons in opposition to the plan. Another issue of concern is that Mr. Ernst now plans to sell his home, and the neighbors will be left with this plan. Mr. DuRocher requested the Board to either deny the request or limit the facility to no future expansion. Dr. Harry Van Velsor, a resident of Shinn Point, reported that Mr. Ernst has created an eyesore for the community. When he moved into the area 14 years ago, the channel was pristine with a few houses and a plan for placement of floating docks. Two lifts have been built over the past two years before Mr. Ernst moved into the neighborhood. The lifts were separated by seven or eight houses. Over the years, Mr. Ernst had created a small marina. The residents living in the 20 houses built on the channel now look to the east and see boat lifts and floating docks. This is not a pleasant sight, and no additions need to be made to the existing facility. Mr. Ernst advised that the canal is 29 feet wide and 6 feet deep at low tide, which allows any boat in the canal to pass without interference. He said he was selling his house because his wife was disheartened by the comments from the neighbors. At the Shinn Point Homeowners Association Board of Directors meeting, no complaints were received from the neighbors. The project has been NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 621 in process for the past year. Only 25%, not 30%, of the canal is being used for boat lifts. The plan has been approved by CAMA and other permits have been approved. Chairman Caster asked Mr. Ernst if he agreed with the findings of fact presented by the Planning Director. Mr. Ernst concurred with the findings as presented by the Planning Director. Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED to grant the Special Use Permit to allow a community THE MOTION boating facility at 804 Inlet View Drive as recommended by the Planning Board. DID NOT RECEIVE A SECOND AND FAILED. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to deny the request based upon the use being a hazard to navigation and the findings concluding that the location and character of the use is not in harmony with the area in which it is to be located. Upon vote, THE MOTION CARRIED BY 4 TO 1 AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Greer Voting Nay:Chairman Caster A copy of an order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 3. PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING STAFF ON BEHALF OF JAMES DEAN ET AL TO REZONE APPROXIMATELY .59 ACRES LOCATED ADJACENT AND WEST OF LAME AVENUE NEAR OLEANDER DRIVE FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z-688, 9/9) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that on October 4, 1999, the Board of County Commissioners approved a Conditional Use District rezoning to Office and Institution (CD O&I) for property located at the southeast corner of Greenville Avenue and Park Avenue. As part of the recommendation, the Planning Board agreed with Staff and recommended that adjacent Parcels 8 and 16 should be rezoned to B-1 Neighborhood Business. The property owner, who attended the Planning Board meeting, had no objection to the rezoning recommendation. Director Hayes requested the Board to rezone Parcels 8 and 16 as recommended by the Planning Board to consolidate the B-1 area adjacent to the rezoned Office and Institution District. Chairman Caster asked if anyone from the public would like to speak in opposition to the request. No comments were received Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to rezone approximately .59 of an acre located adjacent and west of Lame Avenue near Oleander Drive from R-15 Residential to B-1 Neighborhood Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 622 A copy of AN ORDINANCE AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 74. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHNS CREEK HOMEOWNERS ASSOCIATION TO RENAME LEE PARKER DRIVE TO JOHNS CREEK ROAD (SN-83, 11/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that Johns Creek Homeowners Association was requesting Lee Parker Drive to be named Johns Creek Road. This road is a private cul-de-sac approximately 200 feet in length located in the Johns Creek development. In March 1987, this development was approved for 26 lots. At the present time, Johns Creek Road is the only access leading into the development from Myrtle Grove Road. The Homeowners Association is interested in having one continuous road name in the development. As depicted on the site map, both streets intersect each other at a right angle. County street records indicate that several roads in the unincorporated area have a continuous street name, but angle off in different directions. Situations of this type do not lend themselves to good street naming practices and can create confusion when assigning street addresses to the road. Considering the nominal size of Johns Creeks development, the road renaming petition appears to be innocuous; however, Staff has one concern. The property south and adjacent to the development is currently undeveloped. Once this property becomes available for development, the opportunity will exist for Lee Parker Drive to be extended. If the road is renamed to Johns Creek Road, it will wind through two developments. This may create confusion for emergency service delivery; therefore, Staff feels the road should remain Lee Parker Drive. Chairman Caster asked if the petitioner would like to comment. Mr. Richard Lockwood, President of Johns Creek Homeowners Association, reported that every property owner signed the petition to rename the street. With only three lots on Lee Park Drive, problems have been experienced with receiving emergency responses. The residents feel if the entire road is name Johns Creek Road, emergency vehicles will have less confusion in locating residences. Chairman Caster asked if anyone from the public would like to speak in opposition. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the renaming Lee Parker Drive to Johns Creek Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 25. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN WESSELL FOR LAWRENCE 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 INSTITUTION (Z-679, 8/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the Planning Board voted 5 to 1 to recommend that the proposed O&I District be limited south of the southern boundary line of parcel 5 west to the southern boundary of Parcel 3. Several residents of the Spring View Development, located adjacent to the site, were opposed because of traffic problems associated with executing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 623 turning movements onto College Road, U-turns to access the site for vehicles traveling north, and general degradation of residential land values if the property is rezoned. Planning Director Hayes reported that Staff felt the property should remain residential because of the uncertainty about obtaining a driveway permit or the ability to provide additional road improvements to widen the turning lanes on North College Road. To utilize the property residentially, Branch Road could be extended a short distance with a cul-de-sac developed toward the southern end of the site. Lots could then be developed within the interior of the property without fronting on any major road. Adequate buffering already exists in the form of mature and natural vegetation. Chairman Caster asked if the petitioner would like to speak. Attorney John Wessell, representing Lawrence and Maggie Ripa, advised that the Planning Board recommended rezoning the corner of the lot adjacent to College Road to a line running back to the other corner. The property south of this line is to be rezoned Office and Institution and the property north of this line is to remain R-15 Residential. The petitioner has appealed the Planning Board’s recommendation and is asking for more of the property to be zoned Office and Institution but less than the original request. A map was presented showing where the additional Office and Institution zoning was located. Attorney Wessell advised that originally an application was submitted to rezone the entire tract of land from R-15 Residential to O&I Office and Institution. The property is surrounded on the north by the Spring View Subdivision, the lot adjacent to Highway 132 is owned by Mr. Ripa, the lot behind the site is owned by Mr. Ripa, and the parcel to the west is privately owned. The Crestwood Subdivision is located across Highway 132 and to the south of the site is Block Industries. Corning is located on the southeast corner of the Smith Creek Parkway and Highway 132 Intersection. Attorney Wessell said the rezoning is being requested because the intersection has developed into a major traffic area. The petitioner feels that the corner track of land is not suitable for residential development and would not be marketable under residential zoning. The Office and Institution is the least intrusive transition zoning between residential and commercial uses. If the design, scale, and uses are compatible with residential needs and adequate access is provided, the proposed rezoning will comply to the Land Use Plan. The buffering and setback requirements are sufficient to provide protection to adjoining residential lots, of which two are owned by the petitioner. If a two-story building is constructed, the setback would have to be 35 feet from the property line with a total setback of 70 feet. Attorney Wessell said that after meeting with the neighbors, a major concern is access through the Spring View Subdivision to the Ripa property. Traffic will be coming down Spring Branch Road or Ripley Drive to the Office and Institution property. Initially, Mr. Ripa was willing to withdraw the end of Spring Branch Road for dedication. Since that time, Mr. Ripa has changed his mind because the property may not be purchased for office development. Mr. Ripa is prepared to take the necessary steps to prevent any access to the property down Spring Branch Road if the property is used for office or commercial use. In the petition received from adjacent neighborhoods, the residents have requested that no access be allowed through Spring Branch Road to the property, which is satisfactory with Mr. Ripa. The residents also requested construction of a berm or barricade between the zoning districts. Mr. Ripa does not have a problem with installing a fence. Traffic in accessing the Spring View Subdivision is another concern of the neighbors. With the minimal amount of traffic generated from office and institution uses, increasing the traffic should not be a concern. The neighbors have requested an acceleration lane into the property from Highway 132. A driveway permit will not be submitted until the property is rezoned. The local office of the Department of Transportation has indicated that Mr. Ripa will be able to receive a driveway permit, and it is assumed that the Department of Transportation will require some road improvements to minimize the potential hazard of persons using Highway 132 and entering Smith Creek Parkway. The County Commissioners are being requested to approve the plan submitted instead of the recommendation by the Planning Board. The proposed plan will not negatively impact surrounding NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 624 neighborhoods. Even though the neighbors would like for the property to remain residentially zoned, this is not the most appropriate use for the land. Chairman Caster asked if anyone present would like to comment. Mr. Mike McGirth, a resident of Spring View Estates, advised that some of the neighbors are opposed to any rezoning of the property and other residents are primarily concerned about traffic. There is concern for the manner in which the request is being pursued. If the Commissioners change the zoning to Office and Institution from R-15 Residential, there will be an opportunity to receive a Special Use Permit to build residential units and leave Spring Branch Road open to these properties. According to the Planning Department, under R-15 Residential zoning, 2.5 town houses per acre can be constructed on the property as well as single-family homes. The existing traffic on Highway 132 is dangerous because of persons crossing the highway from Kings Grant to proceed south to Wilmington and persons coming out of Spring View onto Highway 132 in fast moving traffic. He requested the Board to be sure that sufficient details regarding traffic, access to the property, and turn lanes are in place before the rezoning is approved. Ms. Teresa Supples, a resident of Spring View Estates, said the neighbors are concerned about traffic on Spring View Road with children playing on the street, and there is concern about existing traffic on College Road when trying to go in and out of the subdivision. The Board was requested to address these concern before approving the rezoning. Ms. Janice Jackson, a resident of Spring View for 21 years, said the map presented was wrong because Crestwood Subdivision exits directly across from Spring View Road, which does create a problem with accessing Highway 132. At the neighborhood meeting held in the church, many of the residents objected to using Spring View Road as the access to the property. She commented on the number of accidents at this road and requested the Board to address these details before approving the request. Chairman Caster closed the Public Hearing. Commissioner Birzenieks said both sides made excellent presentations. The residents have legitimate concerns and the property owner also has a right to develop the property for the most appropriate use. Discussion followed on how the residential property would be impacted by the Office and Institution zoning. Planning Director Hayes advised if the property remains residentially zoned, the property will be eligible for higher density at 10.2 units per acre whether R-15 or O&I. Commissioner Birzenieks asked if the petitioner would be willing to stub the end of Spring Branch Road if the Office and Institution request is approved. Attorney Wessell said the petitioner would not be willing stub the road on a permanent basis. The petitioner is willing to take the steps necessary to avoid this road from becoming the access road to the business uses. If some type of deed restriction could be drawn, this might resolve the problem. Attorney Copley advised that Mr. Wessell could continue this item and prepare a deed restriction to prohibit access through Spring View Road. Mr. McGirth said the residents would not object to the Office and Institution rezoning if a deed restriction can be prepared and presented to the Board for consideration. After further discussion, Attorney Wessell requested the Board to continue this item until a deed restriction can be prepared and considered by the Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to continue this Public Hearing until a deed restriction can be prepared and presented to the Board of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 625 CONSIDERATION OF APPOINTING REPRESENTATIVES TO SERVE ON THE BOARD OF DIRECTORS OF THE FRIENDS OF ST. ANDREW’S, INC. County Manager O’Neal reported that Friends of St. Andrew’s Inc., a non-profit group, was in the process of raising funds for the rehabilitation of the historic St. Andrews Church and Manse. The Board of Directors of the Friends of St. Andrew’s, Inc. has requested the County Commissioners to appoint a County Commissioner and a member of Staff to serve on the Board of Directors. If the County becomes involved with this project, it should be made clear that New Hanover County will not be obligated to fund the project since the County currently provides funding to the Arts Council of the Lower Cape Fear. Consensus: After discussion of each Commissioner serving on numerous boards and committees, it was the consensus of the Board to request the County Manager to write a letter expressing regrets for the Commissioners not having time to serve on the Board of Directors of the Friends of St. Andrews Inc. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 9:15 p.m. Chairman Caster reconvened to Regular Session 9:30 p.m. ADDITIONAL ITEMS Ratification of Proclamation Suspending the Prohibition Against Residential Occupancy of Travel Trailers and Recreational Vehicles for a Period of (90) Ninety Days as a Result of Hurricanes Dennis, Floyd, and Irene to Provide Temporary Housing for Displaced Residents County Manager O’Neal requested the Board to ratify a proclamation suspending the prohibition against residential occupancy of travel trailers and recreational vehicles for a period of 90 days as a result of Hurricane Dennis, Hurricane Floyd, and Hurricane Irene to provide temporary housing for displaced residents. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to ratify the proclamation suspending the prohibition against residential occupancy of travel trailers and recreational vehicles for a period of 90 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 25. Reminder of Joint Meeting with the Board of Education Chairman Caster reminded the Board that a joint meeting was scheduled with the Board of Education on Tuesday, November 30, 1999 at 6:00 p.m. at John T. Hoggard High School in the Media Center. Special Meeting Scheduled for December 20, 1999 to Hear 1999 Property Tax Appeals County Manager O’Neal requested the Board to schedule a Special Meeting to hear forty 1999 Property Tax Appeals prior to January 5, 2000. Consensus: It was the consensus of the Board to schedule a Special Meeting on Monday, December 20, 1999 at 9:00 a.m. until 5:00 p.m. to hear 1999 property tax appeals. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 1, 1999PAGE 626 Chairman Caster adjourned the meeting at 9:45 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board