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1999-12-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 654 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 6, 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 AND PLEDGE OF ALLEGIANCE Assistant County Manager, Patricia Melvin, 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. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested removal of Consent Agenda Item 7 for further discussion. Discussion of Consent Agenda Item 7, Request for Approval of Computer Support Specialists Position Vice-Chairman Greer requested an explanation of why a Computer Specialist position was needed to operate the equipment in the Assembly Room. County Manager O’Neal responded that a position was needed to provide a primary person to oversee the operation and maintenance of the technical equipment in the Assembly Room and to assist the IT Department with an ever increasing workload. He said with changes occurring in technology and the possibility of broadcasting Board meetings in the future, the position will be needed. Chairman Caster advised that if the Board decides to become involved with TV broadcasting, a person with this type of experience will be needed. He requested the County Manager to include broadcasting experience in the job description. County Manager O’Neal assured the Board that broadcasting experience would be included in the job description. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve Consent Agenda Item 1 with a correction to the number of County Commissioners attending the October 18, 1999, Work Session as requested by the Clerk to the Board 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 as presented by the Clerk to the Board with a correction to the number of Commissioners attending the Work Session held on October 18, 1999: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 655 October 4, 1999Regular Meeting November 1, 1999Regular Meeting October 18, 1999Work Session Award of Bid #00-0023 and Approval of Contract # 00-0023 with Century Uniform and Safety, Inc., for Purchase of Uniforms for the Sheriff’s Department The Commissioners adopted a resolution to award the bid to Century Uniform and Safety, Inc., the lowest responsible bidder, at the unit prices specified in the proposal estimated at $41,598 annually, and authorized the Chairman to execute the necessary contract documents. A copy of the bid is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 27. Approval of Promissory Note (Contract #00-0100) with Federal Point Volunteer Fire Department, Inc. The Commissioners approved a Promissory Note in the amount of $250,000 with the Federal Point Volunteer Fire Department, Inc. to allow the County to retain 100% ownership of the new facility. The Promissory Note will require the County to repay the Federal Point Volunteer Fire Department in the event the County severs relations with that organization during the next 20 years. After 20 years, the Promissory Note is void. A copy of the Promissory Note is on file in the Legal Department. Adoption of Resolutions to Add Roads to the N. C. Highway System The Commissioners adopted resolutions to add the following roads to the N.C. Highway System: Creekwood Road and Holy Fountain Road on Futch Creek Balfoure Drive, Huntington Forest Subdivision Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 27. Approval of Budget Amendment #2000-23 - Federal Forfeited Property Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2000-13 - Federal Forfeited Property Capital Project AdjustmentDebitCredit Federal Forfeited Property $15,023 Capital Project Expense $15,023 Explanation: To increase the budget for additional revenue received on November 11, 1999. Federal Forfeited Property revenues are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #00-0070- Health Department The Commissioners approved the following budget amendment: Budget Amendment #00-0070 - Health Department The Commissioners approved the following budget amendment: #00-0070 - Health Department AdjustmentDebitCredit Public Health/Child Health$2,501 Contracted Services$2,501 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 656 Explanation: To budget a Child Health allocation from the State for school health care to students eligible to receive free or reduced lunch who do not have financial resources to obtain health care. Approval of Budget Amendment #00-0073 - Sheriff’s Department The Commissioners approved the following budget amendment: Budget Amendment #00-0073 - Sheriff’s Department AdjustmentDebitCredit Sheriff/Administration: Transfer In/Emergency Telephone System$12,257 Sheriff/911-Center: Contracted Services$12,257 Emergency Telephone System Fund: 911-Surcharge$12,257 Transfer To General Fund$12,257 Explanation: To budget funds from 911 surcharges for data lines to the Volunteer Fire Departments and City of Wilmington Fire Department. These lines will provide a connection to the new CAD System which will allow the departments to print directions to dispatch locations in emergencies. Approval of Budget Amendment 00-0074-Non-Departmental # The Commissioners approved the following budget amendment: #00-0074 - Non-Departmental/Contingency AdjustmentDebitCredit Non-Departmental: Contingencies$8,510 Courts/District Attorney: Contributions To Outside Agencies$8,510 Explanation : To transfer funds from Contingency for furniture, equipment, and panels for the Bad Check Program. Approval of Budget Amendment #00-0075-Museum/Grassroots Science Grant The Commissioners approved the following budget amendment: #00-0075 - Museum Grassroots Science Grant Adjustment DebitCredit Museum: Grassroots Science Grant$203,944 Contracted Services$ 32,250 M & R - Equipment$ 2,000 Printing Charges$ 4,688 Departmental Supplies$ 21,588 Employee Reimbursements$ 288 Training & Travel$ 5,698 Insurance & Bonds$ 800 G/R Science Flow-Thru$ 3,589 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 657 Capital Outlay - Equipment$ 5,527 Motor Vehicle Purchases$ 7,560 Administrative Reserve$261,229 Temporary Salaries$ 26,173 Dues & Subscriptions$ 530 Explanation: To budget the FY 1999-2000 Grassroots Science Grant award and to realign budgeted expenditures. (Unexpended grant funds of $136, 487 were rolled over.) Annual Review of Public Official Bonds The Commissioners adopted resolutions approving existing bonding of the Finance Officer, Sheriff, Register of Deeds and ABC Board members handling funds, and set the amount of the Sheriff’s bond at $5,000. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 27. Approval of New Computer Support Specialist Positionand Associated Budget Amendment (#00-0072) The Commissioners approved a new Computer Support Specialist position and the associated budget amendment to fund the position through the remainder of the fiscal year. The job description should contain broadcasting experience. When this person is not performing duties associated with the Audio-Visual equipment in the Assembly Room, he or she will be assigned duties in the IT Department. Budget Amendment #00-0072-Non-Departmental/Contingency Adjustment Debit Credit Non-Departmental: Contingency$20,182 Information Technology: Salaries and Wages$15,803 Social Security Taxes$ 1,209 Retirement-Local Government Employees$ 790 Medical Insurance Expense$ 2,380 Explanation: To fund Computer Support Specialist position for the remainder of the fiscal year from the Contingency Account. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS FOR THE ENSUING YEAR County Attorney Copley reported that according to North Carolina General Statutes, a Chairman and Vice-Chairman must be elected by the Board of County Commissioners at the first meeting in December. County Attorney Copley opened the floor to receive nominations for the Chairman of the Board for the coming year. Commissioner Birzenieks nominated Commissioner William A. Caster. The nomination was seconded by Commissioner Davis. There being no further nominations, County Attorney Copley called for a motion to close the nominations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 658 Motion: Commissioner Howell MOVED, SECONDED by Commissioner Davis, to close the nominations. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Attorney Copley called for a motion to re-elect William A. Caster as Chairman of the Board. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Davis, to re-elect William A. Caster to serve as Chairman of the Board of County Commissioners for the ensuing year. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster expressed appreciation to the members of the Board for re-electing him to serve as Chairman of the Board of County Commissioners for the coming year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board for the ensuing year. Chairman Caster nominated Commissioner Robert G. Greer. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, County Attorney Copley called for a vote to close the nominations. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to close the nominations. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Attorney Copley called for a motion to re-elect Robert G. Greer as Vice-Chairman of the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to re-elect Robert G. Greer to serve as Vice-Chairman of the Board of County Commissioners for the ensuing year. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO ELECT A CHAIRMAN AND VICE-CHAIRMAN OF THE DISTRICT BOARD OF COMMISSIONERS OF THE WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District Board at 6:36 p.m. Chairman Caster reconvened to Regular Session at 7:03 p.m. WITHDRAWAL OF TAX APPEAL FOR THE CAPE FEAR RUGBY CLUB Chairman Caster announced that the Cape Fear Rugby Club had withdrawn its tax appeal. PRESENTATION OF STATE AWARDS TO THE SPECIAL NEEDS TASK FORCE AND THE ROCKIN’ CHAIR PLAYERS/SENIOR AWARENESS TASK FORCE Chairman Caster reported that the Special Needs Task Force was established by the Department of Emergency Management after Hurricane Fran when it became evident that the frail and elderly could not be safely sheltered in traditional evacuation shelters. The Special Needs Task Force is an all-volunteer group comprised of governmental departments, medical suppliers, businesses, home health agencies, hospitals, churches, nursing homes, rest homes, and senior volunteers. The members of the Task Force have given hundreds of hours in service around the clock to New Hanover County and Seniors during Hurricanes Dennis, Floyd and Irene. In the past two years, the Emergency Management Department and Task Force have developed a highly effective Individual Coordinating Subcommittee to operate a Special Needs Emergency Operations Center. This Center monitors the condition of the elderly and makes hourly phone calls coordinating medical assistance during hurricane events. Hundreds of support missions to local citizens have been deployed from this facility with donations of time and goods from local NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 659 businesses and health care providers. This process has saved thousands of dollars in unnecessary hospital and shelter expenses and it has provided an unprecedented level of customer service. This Task Force also developed a highly specialized triage and shelter plan in partnership with local nursing and rest homes to address unique shelter or refuge situations of the frail and elderly. The Task Force was successful in passage of Senate Bill 34 to provide more flexibility in rules and regulations during times of a disaster for nursing homes, rest homes, and congregate care facilities that participate in local emergency management programs. Finally, the Task Force has a Seniors Disaster Education program in partnership with numerous agencies. Seniors have received disaster preparedness training as well as enjoyable and humorous educational skits by the Rockin’ Chair Players. In addition to these successes, the State of North Carolina has just recently awarded the Task Force the Earnest B. Musser Award for outstanding community programming for the senior population, and the Governor’s Volunteer Service Award to the Rockin’ Chair Players. Emergency Management Director, Dan Summers, requested the following persons to step forward to receive awards: Shirley Lloyd, Marva Falacinio, Pat Johnson, Donna Booth Neal, Karen Hogan, Kim Merritt, Ron and Charlie North, Esther Hynes, Loretta Evans, Catherine Marks, Dean Hollingsworth, Deb Bowen, Judy Hudson, Barbara Bissett, Susan Diamond, Ann Barkley, Annette Padro, Elizabeth Schulz, Steve Fuller, Victor Royal, Clark Robickeax, Allen Brown, Sharon Benoit, Gayle Ginsberg, Kathy and Paul Belisle, Paula Jenkins, Susan Hanson, Doris Holland, Evelyn Cameron, Tony Benton, Jane Jones, Holly Henderson, Melissa Richardson, Jeff Olsen, Betty Roth, Sandra Brooks, Chris McNamee, James Oxendine, Wanda Neidig, Ann Marie Ball, Lorretta Evans, Dawn Ellis, Judy Smith, Deb Stafford, Suszane Nystrom, Sylvia Cantor, Annetta Jenkins, Evelyn Maiwald, Betty Grace, Mary Quigley, Dorothy Summers, and Brenda “Ben” Brow. Chairman Caster, on behalf of the Board, presented Certificates of Appreciation to each member of the Task Force and he thanked them for their outstanding achievements. Director Summers noted that every successful group has to have a leader and he recognized Ms. Brenda “Ben” Brow for the time and effort given to chair this Task Force. STATUS REPORT PRESENTED BY THE FAIR HOUSING COALITION Assistant County Manager, Patricia A. Melvin, reported that on July 12, 1999, the Board of County Commissioners adopted an Action Plan responding to the Analysis of Impediments to the Fair Housing Report. The analysis was conducted by Ken Weeden & Associates in response to a HUD hazard mitigation grant received by New Hanover County in the amount of $1,800,000. Assistant County Manager Melvin reported that part of the Action Plan was to develop two teams, a Clarification Committee and a Communications Committee. She advised that a status report would be presented by Mr. Tom Dodson, a member of the Task Force, on the progress of these committees. Mr. Tom Dodson reported that the Fair Housing Coalition held its first meeting in March 1999. The purpose of the meeting was to recognize and understand the nature of fair housing problems in New Hanover County and to develop strategies to reverse those issues. Other objectives were to build institutional stakeholders and to assume the responsibility for bringing about change. In August 1999, the Clarification and Communications Committees met to prioritize the work product. The Communications Team was assigned the tasks of establishing a clearing house for information and providing a mechanism for getting the information to persons in need. The Clarification Team was assigned the tasks of developing a list of financial institutions, products, and programs for potential home buyers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 660 In September 1999, both Committees met to develop a survey to be mailed to all financial institutions dealing with banking and lending in the local housing market. In November 1999, both teams met to compile and analyze the data from the survey, which reflected the various products available in the private housing sector. The survey was mailed to 46 institutions with 24 responses received. The next Fair Housing Coalition meeting will be held on January 12, 2000, at which time the Communications Team will begin to transfer the results of the survey into a user friendly document with complete definitions and explanations of what is available to home buyers. The Communications Team will work on an outreach program for distribution of the document using institutions such as the Wilmington Community Development Commission, the Housing Commission, the County, the City, the financial community, housing providers, and human services. The Clarification Team will develop a list of affordable housing in the area and begin to provide requirements for loan applications as well as assist with educating people about available programs. The Clarification Team will develop a program to provide credit counseling to potential home buyers. The Fair Housing Coalition will develop a list of products to be delivered in a road map format. Specific dates will be established for the delivery of the first product through the final product. This map should be completed by the Coalition within the next two meetings. The Coalition feels that the four-year deadline provided by HUD is reasonable, and it will take that amount of time to correct the problems in fair housing within New Hanover County. In closing, Mr. Dodson advised that the Fair Housing Coalition was proud of the steps being taken to correct fair housing problems in New Hanover County. Chairman Caster expressed appreciation to Mr. Dodson, and representatives from the agencies involved for giving of their time to participate in this worthwhile effort. ADDITIONAL ITEMS Adoption of Resolution for Management of Mason’s Inlet Project Chairman Caster spoke on attending a meeting with representatives from the Masons Inlet Preservation Group (MIPG) and advised that the Commissioners are being requested to consider adopting a resolution to continue to manage and sponsor the Masons Inlet Relocation Project on an assessment basis. Commissioner Davis expressed concern for the County adopting a resolution to manage the inlet after it has been relocated. He referenced a prior meeting where he asked who would be responsible for maintaining the inlet and stated that no answer was received; however, it was indicated that New Hanover County would not be responsible for maintenance of the inlet. He requested clarification of this issue. Assistant County Manager Weaver explained that New Hanover County would manage the project, which may require the provision of up-front money when maintenance is needed in the next four to five years. However, a mechanism is in place to implement an assessment, which is how the inlet relocation project will be repaid to the County. There is no anticipation that additional costs will be incurred by New Hanover County. Chairman Caster reported at the meeting with representatives from the MIPG and Figure Eight Island Homeowners Association, discussion was held on the fact that maintenance of the inlet at a later date would be paid through an assessment. The representatives were aware of this agreement. Commissioner Birzenieks asked if the County was prepared to allow this type of assessment for maintenance of the inlet to last over a long period of time. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 661 Assistant County Manager Weaver responded that the assessment mechanism is in place for the current needs and maintenance; however, long-term maintenance and management of the inlet will have to be made by a future Board of County Commissioners. County Manager O’Neal spoke on this project being similar to the commitment made with use of the Room Occupancy Tax. The purpose of this tax is to provide the local match for beach renourishment projects, which are on-going costs. Chairman Caster called for a motion to adopt the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to adopt the resolution as presented. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows: Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Davis A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 27. Notification of Phase III Funding for Hurricane Floyd Assistant County Manager, Patricia Melvin, informed the Board that notification has been received from the Governor’s Office that funds under Phase III would be allocated for Hurricane Floyd to provide for critical unmet needs to various communities. Phase I and II were administered by the Department of Social Services under the guidance of a Volunteer Advisory Committee. The Staff Members of the Department of Social Services have performed a superb job in receiving, screening, and recommending applications for approval by the Advisory Committee. The County has been notified that guidelines for receiving funds from Phase III are different from Phases I and II. Under Phase III, local governments will be required to submit a request for funding for specific amounts to meet specific needs. The requests will be reviewed at the State level and a determination will be made about allocation of funds. Also, any volunteer group or agency desiring to seek funding to repair a home that was damaged during Hurricane Floyd would be eligible. The Advisory Committee will meet at 9:00 a.m. on Friday morning to review the local needs and decide if New Hanover County should seek funding. In Phases I and II, several hundred families have received assistance, and there are no applications that have not been addressed. Assistant County Manager Melvin noted that no action was needed by the Board and she stated that once a decision was made by the Advisory Committee, the Commissioners will be informed. Discussion followed on the buy out program being administered by the Planning Department. Staff Planner, Wanda Coston, reported that the application deadline for the buy out program was February 29, 2000; however, Staff plans to submit these applications before this deadline. PRESENTATION OF UPDATE ON DRAINAGE County Engineer, Wyatt Blanchard, presented a map showing the Runnymeade Subdivision where easements have to be obtained to begin the drainage project. The area in blue reflected lots where easements have been obtained, the area in orange reflected lots where the property owners will not provide easements, and the area in yellow reflected lots where the property owners have not responded. He advised that Staff is contacting the property owners in yellow to obtain a response. County Engineer Blanchard reported that approval has to be received from the Corps of Engineers before the County can begin the project. This approval should be received by next week. He said the same process will have to be completed for the Heritage Park and Walnut Hills drainage NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 662 projects. Once all easements and approval from the Corps of Engineers have been obtained, the work will begin. The Department of Correction has agreed to work on the Runnymeade drainage project and contractors are waiting to begin work on the Heritage Park and Walnut Hills drainage projects. Discussion followed on the delay that could be incurred if all easements are not obtained. County Engineer Blanchard informed the Board that a blanket easement had been obtained, which will allow the project to begin. However, the N. C. Department of Transportation requires that all easements be obtained before the project can begin in Runnymeade. Staff will continue to talk to the property owners that are reluctant to grant easements. After discussion of obtaining easements, Commissioner Birzenieks requested Staff to make a list of property owners who are not willing to grant easements so these names can be made public. County Engineer Blanchard advised that he would be glad to prepare a list. Assistant County Manager, Dave Weaver, presented the following draft policies and criteria for evaluating future drainage projects. Draft Drainage Policies: (1)In order to make the maximum use of the $370,000 allocated for drainage, the following items should be considered: Maximum use of prison labor. Purchase equipment instead of renting or leasing. If feasible, a work crew should be hired in lieu of contracting out work. Funds will not be spent to purchase easements. Citizens in neighborhoods to be benefitted will be required to obtain all easements. (1)Work will be performed only on public easements. Staff recommends that a Drainage Review Board be established to evaluate and prioritize projects. The board could consist of one County Commissioner, one Planning Board member, one design professional, and two at-large appointees. Drainage projects will be prioritized based on consideration of the following criteria. Severity of flooding problems: Residential and business structures flooded. Roads flooded. Is access severely limited to structures as a result of flooding? Yards and out buildings flooded. Does water go under but not in houses? Frequency of flooding. Cost to County for correcting the problem: Short versus long-term solution. Permitting required. Degree of maintenance required and by whom. Easements available, federal or state. Need to develop a plan for up/down stream impacts. Other Criteria: Environmental impacts. Local acceptance and desirability. Turn-around time. In concluding the report, Assistant County Manager Weaver said after the first of the year, the Board will be requested to provide direction to Staff on establishing a program and deciding how the $370,000 allocated in the budget should be used. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 663 Ms. Alexandria Traynham, a concerned citizen, advised that her home was constructed on a wetland and as a result, flooding occurs with any significant rainfall. Money has been spent numerous times to replace shrubbery, fill a 9-foot trench in the back yard with 14 truck loads of dirt, and purchase rubber wrapping to be placed at the bottom of the fence to keep it from washing away. She urged the Board to adopt regulations that will control development and prevent wetlands from being used as home sites. Chairman Caster informed Ms. Traynham that the Board had recently adopted an ordinance to require delineation of wetlands on site plans. Under this ordinance when the final plat is recorded, the wetlands must be identified and approved by the Corps of Engineers. APPROVAL OF AMENDMENTS UPON THE FIRST READING TO THE NEW HANOVER COUNTY CODE, CHAPTER 7, SECTION 1 OF THE EROSION CONTROL AND SEDIMENTATION ORDINANCE Ms. Beth Easley, New Hanover County Soil Erosion Specialists, reported that the North Carolina General Assembly amended the Sedimentation Pollution Control Act. These changes in the State law necessitate additions and deletions to the County’s Erosion and Sedimentation Control Ordinance as follows: •The maximum civil penalty for violating the act increases from $500 to $5,000 per day. •A person may be assessed a civil penalty from the date the violation is detected if the deadline stated in the Notice of Violation is not met. •The act clarifies that a person may be assessed a one-time civil penalty of up to $5,000 from the day the violation is first detected. •Approval of an Erosion Control Plan is conditioned on the applicant’s compliance with federal and state water quality laws, regulations, and rules. •A copy of the Erosion Control Plan for any land-disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table must be forwarded to the Director of the N. C. Division of Water Quality. Ms. Easley requested the Board to approve the changes as required by the State in order for New Hanover County to continue to administer the program. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to amend the New Hanover County Erosion and Sedimentation Control Ordinance to incorporate the changes enacted by the General Assembly so the County can continue to administer the Sedimentation and Erosion Control Program in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXV, Page 27. The ordinance will be codified into the New Hanover County Code. CONSIDERATION OF NEW HANOVER COUNTY ADMINISTRATION BUILDING CAPITAL PROJECT AND APPROVAL OF RELATED BUDGET AMENDMENT #2000-14 County Manager O’Neal reported that several months ago Sharpe Architecture, PA was hired to study the downtown area to explore the opportunities for constructing new County Administration Buildings. He advised that six options will be presented to the Board, and he requested Mr. Rick Collins to make the presentation. Mr. Rick Collins, Vice-President of Sharpe Architect, reported the scope of the feasibility study was established as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 664 •Determine current and future space needs for Administrative Departments in New Hanover County. •Establish department adjacencies. •Assess parking needs. •Determine the impact of plans for a new Law Enforcement Center and Courthouse addition. •Review proposals for new construction and renovations to address needs. •Establish budgets for each proposal. •Recommendations. The following existing facility issues were identified: •Related departments are not located adjacent to each other. •Current department accommodations are inadequate for current and future space needs. •Current utilization does not allow for future growth and expansion. •Current parking accommodations are inadequate for the Courthouse expansion and County facilities. •The County Administration Building and Annex Building are approaching the end of their expected life span. The current space allocated is 65,858 square feet, and the current space needs are 86,247 square feet. Future space needs are 19,812 square feet, and the space deficit or shortfall is 40,201 square feet. The solutions to resolving the space needs are as follows: •Provide space to meet current and future space needs. •Plan for easy future expansion requirements. •Consolidate departments with appropriate adjacencies. •Provide for the “one stop shopping” concept. •Utilize existing County facilities as appropriate to costs, age, utilization efficiencies and department adjacencies. •Anticipate the impact of the County’s plans for the new Law Enforcement Center and Courthouse expansion. The following proposals were presented: Proposal #1: Utilization of Existing Law Enforcement Center (LEC) Renovation and New Addition: When the Sheriff’s Department moves out of the LEC, the building can be renovated for office space; however, a new addition and parking facility will have to constructed to meet the space and parking requirements identified in the feasibility study. The Annex Building will have to be demolished to provide surface parking. The cost of this option is $24,700,000. Proposal #2: Utilization of Renovated Space in the Law Enforcement Center, Renovating the Existing County Administration Building, and Constructing a new Parking Deck at the Library: The cost to renovate the existing County Administration Building is $15.00 per square foot, which does not address the exterior problems such as leaking windows and walls. The result of this option would be renovating the interior of a 50-year old building. The cost of this option is $23,200,000. Proposal #3: Demolish the Law Enforcement Center and Construct a new Administration Building with a Parking Deck: The existing Law Enforcement Center Building would have to be demolished to the parking lot level with construction of a new parking facility and new Administration Building on the site. This cost of this proposal is $21,100,000. Proposal #4 - Construction of a New Administration Building to Accommodate Space Needs: A new County Administration Building and parking deck would be constructed on the Library site. The cost of this option is $20,300,000, which includes demolishing the Annex Building with no renovation to the existing County Administration Building. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 665 Proposal #5 - Construction of a New Administration Building and Parking Deck Outside the City Limits: The purpose of this proposal was to compare construction costs of building in downtown Wilmington compared to building outside the City Limits. A parking deck would be placed on the Library site, the existing County Administration Building and Annex Building would be demolished. When comparing the costs to construct a new Administration Building outside the City Limits, the costs were almost the same as constructing a building within the downtown area. The recommended proposals are as follows: Proposal 6A: This proposal is the most cost-effective option. This plan utilizes the Law Enforcement Center space for appropriate functions such as Emergency Management Operations, 911, Fire Services, holding cells for Courthouse, and storage with very little retro-fitting required for these uses. The third floor of the BellSouth Building would accommodate space needs of Human Relations and Information Technology. This option brings down the overall square footage for construction of a new Administration Building. The Library site would be used for construction of a new Administration Building with a parking deck for 500 to 600 vehicles. The third floor of the Library would be utilized for expansion of library offices and future needs for meeting space. The existing Annex Building would be demolished and replaced with parking, and the existing Administration Building would be demolished and replaced with a park. The cost of this proposal is $17,300,000. Proposal 6B: This proposal is similar to 6A. The only difference is that the parking deck and new Administration Building at the Library site have been reversed. This requires demolishing the old nd EMS Building and acquiring the land at the corner of Grace and 2 Street. This proposal provides more flexibility on the Library site with regard to creating a loading dock at the rear of the Library and the new Administration Building at one common point. It also provides a larger floor plan for the new Administration Building, which creates better efficiencies in space utilization and less fragmentation of departments on a floor-to-floor basis. A better entry point at the corner of Grace nd and 2 will be created for accessing the new Administration Building and Library. This proposal is more sensitive to the County’s needs and the new City building across the street. The cost of this proposal is $19,200,000. The following project sequence and completion dates were presented for Proposal 6B: •The EMS Building will be relocated. A parking deck will be built on the site with a new Administration Building adjacent to the deck and adjacent to the Library. rd •When the new Law Enforcement Center is completed on Blue Clay Road, the BellSouth 3 floor space will be renovated. The existing County Administration Building and County Annex will be demolished with replacement of a park and parking lot. •Design work will begin in January 2000 with occupancy of the parking deck and the new Administration Building completed by the Spring of 2002. •Depending on the construction schedule of the new Law Enforcement Center on Blue Clay Road, renovations of the existing Law Enforcement Center will begin. This portion of the project will take more than 2 years. Mr. Collins stated this concluded his presentation, and he offered to answer any questions. Vice-Chairman Greer expressed concern for placing a new County Administration Building on the Library site. He suggested locating another site and constructing an Administration Building to avoid the hassle of relocating a large number of employees and parking spaces at one time. Mr. Collins stated that City regulations will require the County to provide 250 spaces within a close proximity to the Courthouse expansion. The Library site was the closest site found that was owned by the County and located near the Courthouse and other county facilities. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 666 County Manager O’Neal commented on the poor condition of the Annex Building, and he expressed concern for employees having to work under such unpleasant circumstances. He stressed the importance of addressing this issue as soon as possible and stated that any money spent in repairing or trying to renovate the building would not be worthwhile. Discussion followed on the on-going capital projects, bond indebtedness and the possibility of having to increase the property tax rate. County Manager O’Neal said if new administration buildings are constructed, he could not guarantee the tax rate would not be increased. Commissioner Davis strongly objected to increasing the property tax for the FY 2000-2001 Budget. He expressed concern for the Board approving projects and later finding out that an increase in the property tax rate would be necessary. He stated, for the record, he would not support an increase in the property tax for the next fiscal year. Vice-Chairman Greer advised that he did not feel comfortable with approving the building capital project as presented by Sharpe Architects until the budget figures and capital projects are discussed. He recommended postponing action on this item until after the Budget Retreat. Commissioner Howell commented on the number of on-going capital projects, and he requested Staff to provide total figures and the impact of these projects on the upcoming budget before the Budget Retreat. County Manager O’Neal responded that he would be glad to prepare the information requested before the Budget Retreat. Chairman Caster advised that some members of the Library Advisory Board were present and would like to speak. Ms. Lethia S. Hankins, Vice-Chairman of the Library Advisory Board, expressed concern for the members of the Library Advisory Board not being involved in the planning process. It appears rd that library parking areas will be lost and the 3 floor of the Library Building is being considered for use. She requested the Board to include the members of the Library Advisory Board and Library Administrative Staff in all phases of the planning process if the library site is selected for a new County Administration Building. Mr. Bob Mayo, representing The Friends of the Library, reported this organization was comprised of more than 800 families that provide financial and volunteer support to the New Hanover County Library. Parking is a major concern to this group because of the number of vehicles that use the parking lot daily. The New Hanover County Library is one of heaviest used per capita facilities in the State with 460,000 people coming through the building each year. Mr. Mayo requested the Board to consider access, traffic, and congestion to the Main Library during the planning process if this site is selected. Chairman Caster expressed appreciation to Ms. Hankins and Mr. Mayo for their remarks, and he assured them that the Library Advisory Board and Administrative Staff will be involved in the planning process if the Library site is considered for the capital building project. Consensus: After further discussion, it was the consensus of the Board to defer action on this item until the retreat has been scheduled in January or February 2000. Chairman Caster noted that it was not the intent of the Board to indicate that nothing would be done about constructing new administration buildings; however, it was the responsibility of the Board to consider all capital projects and the impact of these projects on the budget and property tax rate before rendering a final decision. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 667 RELEASE OF VALUES - TAX DEPARTMENT Withdrawal of Tax Appeal Submitted by the Cape Fear Rugby Football Club Chairman Caster announced that a notice of withdrawal from the Cape Fear Rugby Football Club was received in the Tax Department on Friday, December 3, 1999. Consideration of Tax Exemption Appeal by St. Mark’s Freewill Baptist Church for 1997 Dodge Van Tax Administrator, Robert Glasgow, reported that Pastor James E. Randolph applied for an exemption for a 1997 Dodge van used by the church. The exemption request was denied by the Tax Department because the van is registered in both Pastor Randolph’s name and the Church’s name. North Carolina General Statute 105-278.5(a)(1) applies to real and personal property as “property owned by a religious educational assembly, retreat, or similar organization.” In March, 1999, the Institute of Government published a Property Tax Bulletin with an article referencing the exemption of property used for religious purposes. Under ownership and use requirements it states that “real and personal property must be wholly owned by a religious organization to qualify for exemption.” Tax Administrator Glasgow recommended denial of the tax exemption since the van is not wholly owned by St. Mark’s Freewill Baptist. He informed the Board that if the ownership of the van is changed into the name of the church, a request for an exemption can be approved at a later date. Reverend James E. Randolph, Pastor of St. Mark’s Freewill Baptist Church, explained that the van was purchased to provide transportation for the church and home for the elderly owned by the church. Neither organization was financially able to borrow the money from a financial institution without a co-signer on the loan. As pastor of the church, he co-signed the loan and since that time three other vans have been purchased through this process. He said the four vans are used in the community to transport mothers to purchase groceries, carry children and elderly citizens to Sunday School and doctors visits. He requested the Board to exempt the van since it is being used for church purposes. Chairman Caster reminded Reverend Randolph that only one van was being discussed in the tax appeal. He requested the County Attorney to comment on the General Statute governing the exemption of personal and real properties owned by churches. County Attorney Copley advised that the Board cannot exempt the vehicle and comply to State law. In this case, the reasons for requesting the exemption are understandable, but the Statute does not provide for allowances. Reverend Jackson advised that the Church owns similar homes in Brunswick and Sampson Counties where the vans receive a tax exempt status. He requested the Board to consider the fact that the church owns the van and he is the person who guarantees the loan. Commissioner Davis asked Reverend Jackson if his name was on the title to the van. Reverend Jackson responded that his name was on the title. Commissioner Davis explained to Reverend Jackson that according to State Law, the van is jointly owned because both names are on the title to the van. Vice-Chairman Greer requested Tax Administrator Glasgow to write a letter to the lender asking if he could change the registration to exempt the van. Tax Administrator Glasgow responded he would be glad to write a letter to the lender. Reverend Jackson expressed appreciation for the offer to write a letter but stated he felt the lender would not comply because the company knows the payments will be made if he co-signs the loan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 668 Motion: After further discussion of the County having to comply to State Law, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to uphold the recommendation of the Tax Department and regrettably deny the appeal. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Greer commented on the agenda item being listed as “denial of the tax exemption” and he requested the Tax Administrator to list future agenda items as “a request for a tax exemption.” Tax Administrator Glasgow agreed with Vice-Chairman Greer and said future items will be listed as requested. APPROVAL UPON THE FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE II, SECTIONS 15-121 AND 15-124 OF THE NEW COUNTY SEWER ORDINANCE FOR CHANGES IN TAP FEES County Engineer, Wyatt Blanchard, reported when the District constructs sewer collection lines into a new service area, all development is required to connect to the sewer within six months of the initial availability of the sewer system. During the six month period, the tap fees shall be as follows for a lot with a structure requiring waste disposal: Residential and Non-Residential: 4" line$ 900 tap fee 6" line$1,100 tap fee A vacant or empty lot where a sewer tap has been installed shall pay a $900 tap fee for a 4" line and a $1,000 tap fee for a 6" line regardless of whether the application is made within the initial six months of sewer availability. An 8" line or larger shall pay an installation cost estimated by the District and paid at the time of application. Taps for an 8" or larger line will only include the actual connection to the collection system. A lot with a house or non-residential structure requiring waste disposal will be required to pay the following fees: 4" line$1,800 tap fee 6" line$2,200 tap fee An 8" line or larger shall pay an installation cost estimated by the District and paid at the time of application. Taps for an 8" or larger line will only include the actual connection to the collection system. Discussion was held on the tap fees being charged under the existing Sewer Ordinance. Vice- Chairman Greer explained that under the existing ordinance, different fees are being charged in different areas depending upon the cost of the taps. This policy has created a cumbersome system when persons call in to inquire about the cost of tap fees. When reviewing the proposed ordinance, it was found that taps were already placed on lots without the District being aware of the installations. Some property owners were being charged $1,800 for a tap that was already in place. The proposed ordinance will establish a uniform tap fee which will avoid situations of this type and make it easier for Staff to administer. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to adopt an amendment to the Sewer Ordinance amending Chapter 15, Article II, Section 15-121 and Section15- 124 of the New Hanover County Code as recommended by the Engineering Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 669 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 27. The ordinance will be codified into the New Hanover County Code. APPROVAL OF RECOMMENDATION FROM PARKS FOUNDATION FOR OPEN SPACE AND PARKS BOND REFERENDUM Mr. Jack Bragg, Chairman of the Parks Foundation, reported the first task of the Parks Foundation was to determine the size of the bond referendum. After a review of the public opinion survey prepared by Eastcoast Research, the Parks Foundation decided on a $45,000,000 bond referendum. The additional cost in property tax for a home valued at $150,000 will be $47.55 per year. After the Parks Foundation met on November 23, 1999, the following parameters have been developed for the May 2, 2000 Open Space and Parks Bond Referendum. 1. Bond Referendum Amount:$45,000,000 2. Bond Distribution Formula: 50%A. Greenspace Purchase - Land to be purchased for conservation, preservation, riparian buffers and other natural purposes. This is land which will not be developed in any fashion. 50%B. Recreational Space: 25%1. Open Space Purchase - Land to be purchased for the purpose of developing passive recreational facilities, such as trails, picnic areas, beach and estuarine access. 15%2. Active Park Space Purchase - Land to be purchased for the purpose of developing active recreational facilities, such as athletic fields, tennis courts and others. 10%3. Recreational Facility Development - These funds will be used for the development of recreational facilities. In closing, Mr. Bragg stressed the importance of preserving greenspace and he offered to answer any questions. Commissioner Birzenieks asked if the recommendation was supported unanimously by the Parks Foundation. Mr. Bragg responded that the vote was unanimous. Chairman Caster stressed the importance of everyone understanding that all registered voters will be eligible to vote on the greenspace bond issue because this is a countywide bond referendum which includes residents living in the City and beach communities. Discussion followed on whether the bond issue could include the acquisition of school property. County Attorney Copley advised that originally it was thought that property acquisition and renovation work for the schools could be included as part of the bond referendum, but after further review, Bond Counsel felt it would not be appropriate to include these items. Further discussion was held on the need to move forward with using bond proceeds to complete needed projects as soon as possible. Vice-Chairman Greer noted that different segments of the population feel that greenspace should be acquired for the following purposes: (1) park land; (2) undeveloped space with nature trails or wetlands; and (3) athletic fields. With the current public NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 670 interest in providing more athletic fields and parks, which could be constructed within a relatively short period of time after passage of the bond referendum, he would suggest changing the bond distribution formula as follows: 40% for Greenspace 40% for Open Space and Active Park Space Purchases 20% for Recreational Facility Development Mr. Bragg noted that when the previous bond issue was passed for the development of parks and the Senior Center, the citizens felt that parks would be developed and completed within a reasonable period of time. Five years later, Ogden Park and Castle Hayne Park are just being completed. This was an extremely painful process for the citizens and the Parks Advisory Board. He urged the Board to allocate the necessary percentages to allow parks and athletics fields to be developed within the expected time frames. Discussion followed on the how the bond order will be written. County Attorney Copley explained that the bond order will be written in the form of a question. The voters will be asked if they are willing to spend $45,000,000 for the purposes of acquiring greenspace, open space, active park space, and recreational development. The percentages for the different uses will be established to promote the passage of the bond referendum. Ms. Camilla M. Herlevich, Director of the North Carolina Coastal Land Trust and a member of the Parks Foundation Board, expressed appreciation to the Board for moving forward with presenting the greenspace bond referendum to the voters in May 2000. She spoke as an advocate for preserving open land without construction of facilities on the property. With the proposed development of Hardy Parker acreage on Military Cut-Off Road and the Duck Haven Golf Course on Eastwood Road, it is important to establish a reasonable percentage of land acquisition to be used for open space. Mr. Harper Peterson, an interested citizen, asked what input was received from the public for development of distribution formula. Mr. Bragg explained that the Parks Foundation Board was requested to move forward with preparing information and recommendations for the greenspace bond referendum. The Foundation Board did not feel it was the responsibility of the group to receive input from the public at this point; however, it was felt that guidance and recommendations should be presented on how the $45,000,000 should be spent. The survey performed by Eastcoast Research polled the citizens and the percentages recommended to the Board were based on these figures. Chairman Caster advised that Public Hearings would be held on the bond referendum once the Board officially decides to hold a referendum. He requested Staff to provide a copy of the Eastcoast Research Survey to Mr. Peterson. Further discussion was held on establishing percentages for the distribution formula. County Attorney Copley stated that percentages did not have to be established at this time; however, when the public educational process begins, it would be beneficial to use percentages in the distribution formula. After further discussion, the Board agreed that percentages in the distribution formula should be established before beginning the public education program. Chairman Caster requested a motion to approve the bond issue. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve a $45,000,000 bond issue for acquisition of greenspace to be placed on the ballot for May 2, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 671 BREAK Chairman Caster called a break at 9:05 p.m. until 9:15 p.m. PUBLIC HEARING TO CLARIFY THE CLUSTERING OF RESIDENTIAL UNITS ON LANDS CLASSIFIED “CONSERVATION” ON THE LAND CLASSIFICATION MAP (A- 289, 3/98; REVISITED 4/99, 5/99, 6/99, 7/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported this issue had been before the Board two times with a Work Session held on the options and alternatives on the proposed text amendments presented by the Planning Board and Planning Staff. In 1998, the Technical Review Committee (TRC) requested Staff to review existing development standards relative to the allocation of density on land classified conservation and specifically show how the Land Use Plan addresses the modification of property by filling in the site. This directive came on the heels of several residential projects along River Road where the developer modified the topography to raise the land of the conservation boundary to accommodate higher density development. The argument was simply that the boundary was changed, and it no longer existed. Staff initially voiced concern, but the vagueness of the standards probably permitted the alteration of the boundary. The TRC rejected a subsequent project (Grand Bay), taking Staff’s lead by ruling that the alteration of the “Conservation” boundary by filling was not consistent with the Land Use Plan or the Performance Residential requirements. The developer appealed and the project was approved by the County Commissioners on March 8, 1999. At this time, the Board of County Commissioners directed Staff to craft language to clarify how density can be allocated in the conservation classification and to what extent the natural area and topography can be modified. The question to answer is how this density is defined in terms of performance residential zoning requirements, and how development occurring within the performance residential requirements is allocated in land classifications, such as conservation, resource protection, and rural. Discussion followed on how the elevations are determined. Planning Director Hayes explained that elevations are determined by FEMA issued floodplain maps. The elevation listed for a particular stream segment is used to determine the elevation at a certain section of the creek. When surveying the property, the elevation is determined. For example, if the flood elevation is 10 feet, the property would be surveyed at 10 feet to establish the floodplain line and location of the conservation boundary. Currently, all new developments are required to survey the floodplain boundary on projects. Chairman Caster asked if development can occur in the floodplain. Planning Director Hayes explained that the proposed text amendments will prohibit development in the floodplain. The key to controlling development is keeping the density at 2.5 units per acre. The Land Use Plan contains policy statements regarding environmental concerns about development in the conservation and floodplain areas because of their proximity to creeks. There is also concern about the risk of development in floodplain areas. The Land Use Plan states that conservation areas should be preserved in their natural state. In some situations, the density may be less than 2.5 units per acre to limit development in extremely sensitive areas. Staff feels that conservation boundaries and the natural topography on the site should be defined prior to development to allow for the design of units to be consistent with the location of the conservation boundary and natural topography. This requirement is the major difference between the Planning Board recommendation and Staff recommendation. Staff continues to believe that the intent of the Land Use Plan is to prohibit routine filling of conservation areas for the purpose of establishing higher clusters of dwellings. The proposed language in the Option 1 recommended by the Planning Staff was presented as follows: At no time shall any portion of the project classified conservation exceed the 2.5 units per acre limitation, nor shall the overall density of the project exceed the limit specified in the respective residential zoning district. For the purposes of this section, the conservation area shall include all lands following their natural topography that are at or below the 100-year flood elevation as shown on the Flood Insurance Rate Map and upland of any marsh line. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 672 The proposed language in Option 2 as recommended by the Planning Board was presented and reads as follows: In an effort to lessen environmental impacts, promote less impervious surface and to preserve more natural areas, residential units may be clustered at a density greater than 2.5 units per acre in areas classified Conservation or Resource Protection as long as the overall density of the project does not exceed the limits specified in the respective residential zoning district; the overall density of the cluster units does not exceed the total units allowed in the Conservation or Resource Protection area; and the clustering of the allowed units does not create the negative impacts that this section seeks to eliminate. For the purpose of this section, the conservation area shall include all lands at or below the 100-year flood elevation, or as they may be more precisely determined in the future. Filling to alter the designated conservation area is allowed under the following circumstances: (1) the filling is not prohibited through a state or federal agency that has jurisdiction over the area; (2) the filling is confined to non-wetland areas; (3) the filling avoids conservation resources as defined by Section 59.4-3 (1 and 2); and (4) the fillings avoids other conservation or environmentally sensitive areas that may be more precisely defined in the future. The 100-year flood elevation in addition to any conservation area(s) that may be more precisely defined in the future, must be accurately located by the property owner’s registered professionals and must appear on the final recorded plat of the area. If the Planning Board recommendation is adopted, the old conservation flood line will be relocated by being filled-in and shifted to the hatch line. The units will be moved closer to the creek and natural resources. The site will no longer be considered a conservation area. Under this option, 25 units could be constructed on three acres instead of a 10-acre tract. Commissioner Howell stressed the importance of everyone understanding that under the existing and proposed recommendations, single family housing will not be affected in a regular subdivision. Filling has always been allowed in regular subdivisions. The proposed text amendments apply to conservation areas, not wetlands. Conservation areas are comprised of lots located on the beach front, waterway, river and creeks. Some of the lots are located in the floodplain. The New Hanover County Zoning Ordinance has never allowed wetlands to be filled. The County does not have jurisdiction over wetlands. A lengthy discussion was held on the two proposals presented by the Planning Board and Planning Staff. Commissioner Howell said neither option truly clarifies the language in the Zoning Ordinance or provides the flexibility to consider some of the unique tracts of land located in conservation areas. He suggested the possibility of using the special use process for development in these areas. Chairman Caster asked if anyone from the public would like to comment. He requested all persons speaking to limit their remarks to four minutes. Ms. Tracy Skrabal, a resident of 720 Market Street, expressed concern about being able to double the density in the floodplain if the Option 2, recommended by the Planning Board, is approved. The Board has an opportunity to protect these conservation areas and hopefully prevent density development in the floodplain that will only destroy the water quality, wildlife habitat, and increase flooding in these areas. She urged the Board to approve the recommendation of the Planning Staff. Ms. Linda Killian, presented petitions to the Clerk to the Board, with 1,172 signatures in support of Option 1, the recommendation presented by the Planning Staff. On behalf of the petitioners, she strongly objected to density development occurring in the floodplain because of long- term consequences which result in flooding and loss of properties. When New Hanover County became a Project Impact community, it became a leader. It is the responsibility of the County to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 673 uphold their commitment to protect human lives and property. The Board was requested to approve the recommendation presented by the Planning Staff. Mr. Bob DeYoung, a concerned citizen, requested the Board to protect our natural resources and the quality of life by adopting regulations that will truly protect the environment. He urged the Board to better control development in sensitive environmental areas. Ms. Kayti Link, Director of Governmental Affairs and Public Relations for the Wilmington- Cape Fear Home Builders Association, reported that the issue before the Board was never perceived as a problem until the development of three specific projects on the River Road in 1998. It is important to note that none of these projects flooded during the recent 500-year storm and the water did not rise to the designated FEMA 100-year flood line. This means that if the lots in these projects had been constructed with no fill, the residences would not have flooded. This also indicates that maps used by Staff in both options are unreliable. Conservation issues should not be based strictly on elevations, but by identifying the resources that should be protected and preserved. The option recommended by the Planning Board recognizes this need. During the past several months, this issue has been debated with several versions of the existing regulations proposed by the Planning Staff. One proposal submitted by the Planning Staff on May 6, 1999 to the Planning Board is very similar to the recommendation of the Planning Board. Both options allow filling and protect wetland conservation resources. The recommendation by the Planning Staff includes changing FEMA and Land Use maps, which was not included in the Planning Board recommendation. Since both options are so similar, it should not be difficult to reconcile the two proposals. Ms. Link expressed concern for this item being misrepresented as a flood issue. The County Commissioners requested the Planning Board to clarify the rules for conservation areas. This has been achieved by the Planning Board with additional language to identify and protect the natural resources. The option submitted by the Planning Staff deals only with land below a certain elevation based on the FEMA flood line, which is an estimate. Staff’s option requires recognizing the natural topography, which means when the ground is first surveyed, the elevation at that time is considered the natural topography and must be preserved in its natural state without any change. The process of developing land involves changing grades, cut and fill as long as no wetlands, swamps, marshes or other protected areas are filled. There is no logic in requiring the natural grade to be maintained forever. In closing, Ms. Link requested the Board to approve the option submitted by the Planning Board. Mr. Bill Cameron, a member of the Land Use Council with the Homeowners Association, stressed the importance of everyone understanding that the item before the Board is not a filling or flooding issue. The real issue is clustering and where clustering can occur on land located in conservation areas. When building in a conservation area, the developer is required to comply to State stormwater regulations, which are complicated and require certified engineer drawings as well as passage of County and State inspections. The State stormwater regulations require any outfall to be located further away from the natural resource to protect the environmental area and prevent the stormwater from discharging into the resource. Also, there are low areas that need to be filled without pushing the development line closer to the resource. Any regulation approved by the Board should provide the flexibility to deal with low lying areas of this type and remain environmentally sensitive and environmentally responsible. Commissioner Howell stated that both options submitted do not deal with issues involved when a parcel of land is located in the floodplain. Parking lots were not addressed. Under both options, there could be instances where large beautiful trees would be cut down to cluster units and construct a parking lot in a conservation area. Aesthetics have not been addressed. When driving down Highway 421 in the Kure Beach and Fort Fisher area, there are wall to wall houses and condominiums. These areas should be protected. The options submitted do not show how the Technical Review Committee determines what resources should be protected when reviewing a development project. Also, both options submitted do not address property with no environmental concerns. For example, there is a project in the floodplain that is two miles from the waterway and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 674 the land did not flood during the 500-year storm, but the builder cannot cluster in that area. There are instances where clustering in the floodplain may protect trees and other environmental concerns. Also, neither option provides enough flexibility. He suggested tabling this item and returning it to the Planning Board for further study. Chairman Caster closed the Public Hearing. Commissioner Davis expressed concern for the Board adopting the recommendation submitted by the Planning Board because this option could encourage the filling in of the floodplain. He said that floodplains are environmentally sensitive areas that should be protected. Motion: Commissioner Davis, MOVED, SECONDED by Commissioner Birzenieks to adopt Option 1, the recommendation submitted by the Planning Staff. Commissioner Howell reiterated the importance of amending the ordinance to address the real issues. He said that a great deal of misinformation has been dispensed by the media to the public, and it is imperative for other issues to be addressed. Substitute Motion: Commissioner Howell MOVED to table this item and return the options to the Planning Board to incorporate more of the environmental issues. The motion was seconded by Vice- Chairman Greer. SUBSTITUTE Chairman Caster called for a vote on the substitute motion. Upon vote, the MOTION FAILED by a2 to 3 vote as follows: Voting Aye:Commissioner Howell Vice-Chairman Greer Voting Nay:Commissioner Birzenieks Commissioner Davis Chairman Caster Chairman Caster called for a vote on the original motion to adopt Option 1, the ORIGINAL MOTION CARRIED recommendation submitted by the Planning Staff. Upon vote, the by a 4 to 1 vote as follows: Voting Aye:Commissioner Birzenieks Commissioner Davis Vice-Chairman Greer Chairman Caster Voting Nay: Commissioner Howell A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 27. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN WESSELL FOR LARRY AND MAGGIE RIPA TO REZONE 5.25 ACRES LOCATED AT THE NORTHWEST CORNER OF SMITH CREEK PARKWAY AND NORTH COLLEGE ROAD 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 Board of Commissioners continued this item at its November 1, 1999, meeting based on nearby residents’ concerns involving traffic conflicts coming off North College Road and secondary access to the site from Spring Branch Road. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 675 petitioner offered to create deed restrictions preventing access from Spring Branch Road to resolve the concerns of the residents. At the Planning Board meeting held on August 5, 1999, 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 on the site map and west to the southern boundary of Parcel 3. Several residents of the Springview Subdivision located adjacent to the request expressed opposition to the proposed rezoning. Their concerns centered around existing traffic problems associated with executing turning movements onto College Road, u-turns to access the site for vehicles traveling north, and general degradation of residential land values with the land being rezoned. Planning Director Hayes noted that Attorney John Wessell had provided a declaration of restrictive covenants to resolve the residents’ concerns about access, and the petitioner has suggested changing the boundary line to coincide with the lot lines to the property. This change will basically eliminate one lot from the rezoning. Attorney John Wessell, representing Larry and Maggie Ripa, reported that he has prepared a set of restrictive covenants that state if the property is developed for any use other than residential purposes, there will be no access from or to this tract via Spring Branch Road. The covenants will apply as long as the property is zoned Office and Institution under the New Hanover County Zoning Ordinance. The property owners living in the vicinity of the intersection where Spring Branch Road joins the property have been granted authority to enforce the covenants. Every effort has been made to communicate with the residents living in Spring View Subdivision. Attorney Wessell requested the Board to approve the Office and Institution zoning to allow Mr. Ripa the most appropriate use of the property. Chairman Caster asked if anyone from the public would like to speak. Ms. Teresa Subbles, representing the Spring View Woman’s Club, commented on the proposal and restrictive covenants. The concerns for access have been addressed, but the residents are in favor of the Planning Board’s recommendation which will not change the boundary line. The buffer zone is an important aspect of protecting the neighborhood from office and institution uses. Ms. Deb Fisher LaRue, a new resident of the Spring View community, advised that after researching this area on the Internet and just moving into the area, she was alarmed about the encroachment of commercial uses into the neighborhood. She requested the Board to continue this item until more information is provided to the residents. Commissioner Davis asked Ms. LaRue if she would like for the property to remain residentially zoned. Ms. LaRue responded that most of the neighbors would prefer for the land to remain residentially zoned. Mr. Rick Simpson, a resident of 631 Spring Branch Road, said the residents in Springview Subdivision very much desire for the property to remain residentially zoned. The intersection near this property is dangerous and the safety of children should be considered. Chairman Caster closed the Public Hearing. Discussion was held on the legal aspects of the restrictive covenants. County Attorney Copley explained that conditions or restrictions cannot not be imposed by the Board on a general rezoning. Mr. Ripa, the owner, would have to agree to impose the restrictive covenants upon himself to ensure the residents that the restrictions will be implemented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 676 Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to approve the petitioner’s recommendation for rezoning the property from R-15 Residential to O&I Office and Institution. Upon vote, the MOTION FAILED by a 3 to 2 vote as follows: Voting Aye: Commissioner Howell Chairman Caster Voting Nay:Commissioner Davis Commissioner Birzenieks Vice-Chairman Greer No further action was taken by the Board; therefore, the property will remain residentially zoned. PUBLIC HEARING TO CONSIDER REQUEST FOR SPECIAL USE PERMIT BY HERB AND JOY FOX TO PERMIT A SINGLE-WIDE MOBILE HOME LOCATED AT 2029 TERESA DRIVE, WRIGHTSBORO COMMUNITY (S-448, 12/99) 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 Joy Fox Herbert Fox Planning Director Hayes reported this was a request for a Special Use Permit to locate a single- wide mobile home at 2029 Teresa Drive in the Wrightsboro Community. Under the special use process, no recommendation is required by the Planning Board. 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 upon the following findings: A.Water and sewer service will be provided by well and septic tank. B.The site has direct access off Teresa Drive (SR 2239). C.The site is served by the Wrightsboro Volunteer Fire Department. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Single-wide mobile homes are permitted by Special Use Permits in R-20 Residential Districts. B.Front, side and rear yard setbacks of the R-20 District will be met. C. Well and septic tank permits have been applied for and received through Environmental Health. 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. Mobile homes of similar character to the one proposed are located along Teresa Drive. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 677 B. No data has been submitted indicating that providing this type of housing in an existing neighborhood will cause property values to drop. 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. The 1999 Land Classification plan identifies this area as Resource Protection. Densities greater than 2.5 units/lots per acre are not permitted. This lot has approximately 25,000 square feet. B. Other mobile homes are located along Teresa Drive and near Castle Hayne Road. Planning Director Hayes informed the Board that marginal soils are located in this area; therefore, every effort should be made to mitigate potential drainage impacts to adjoining properties. Chairman Caster asked if the petitioner would like to testify. Mr. Herbert Fox, the petitioner, requested the Board to grant a Special Use Permit to locate the single-wide mobile home on the site. Chairman Caster asked Mr. Fox if he concurred with the preliminary findings as presented by the Planning Director. Mr. Fox agreed with the findings as presented. There being no further testimony, Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a Special Use Permit to allow Herb and Joy Fox to place a single-wide mobile home at 2029 Teresa Drive located in the Wrightsboro Community based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 3. PUBLIC HEARING TO CONSIDER A REQUEST FROMSHELTON TATE, SR., FOR A SPECIAL USE PERMIT TO PERMIT A MOBILE HOME AT 719 MIDDLE SOUND LOOP ROAD (S-449, 12/99) 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 Shelton Tate, Sr. Planning Director Hayes reported that Mr. Shelton Tate, Sr. has requested a Special Use Permit to locate a single-wide mobile home at 719 Middle Sound Loop Road. He advised that the special use process does not require a recommendation from the Planning Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 678 Planning Director Hayes presented the following preliminary 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. Water (individual well) and sewer (individual septic tank) services already exist on the site. B. The site has direct access off Middle Sound Loop Road. C. The Middle Sound Community is served by the Ogden Volunteer Fire Department. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Single-wide mobile homes are permitted by special use in R-20 Residential Zoning Districts. B. Setback requirements of the R-20 District will be met. C. An existing single-family residential home exists on the site. Space requirements for a second residential use are based on the applicant’s site map. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. A mobile home park located east of the site has been in use for many years. B. No data has been submitted indicating that providing this type of housing in an existing neighborhood will cause property values to drop. 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. Other mobile homes are located near the area off Middle Sound Loop Road. B. The 1999 Land Use Plan identifies this area as Resource Protection. Densities greater than 2.5 units/lots per acre are not permitted. Chairman Caster asked if the petitioner would like to testify. Mr. Shelton Tate, Sr. requested the Board to grant a Special Use Permit to locate a single-wide mobile home at 719 Middle Sound Loop Road. Chairman Caster asked Mr. Tate if he concurred with the findings of fact as presented by the Planning Director. Mr. Tate agreed with the findings as presented. There being no further testimony, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve a Special Use Permit to allow Mr. Shelton Tate, Sr. to locate a single-wide mobile home at 719 Middle Sound Loop Road based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 679 use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 3. PUBLIC HEARING TO CONSIDER REQUEST TO MODIFY AN APPROVED CONDITIONAL USE SITE PLAN AT 7779 ALEXANDER ROAD (Z-635, 22/99) Chairman Caster opened the Public Hearing and announced that the conditional 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: Cindee Wolf Mary Ruth Marshall Planning Director, Dexter Hayes, reported this item originally appeared on the Planning Board’s September 3, 1998, agenda as an R-15 to B-2 Rezoning. The item was tabled for 30 days to give the petitioner time to submit a revised application under conditional use guidelines. The application was revised to CD(B-2) business. Specific uses were not listed. In November 1998, the Board of County Commissioners voted to table a decision on the proposal until the December meeting. In the interim, the applicant was instructed to revise the site plan. A revised site plan was prepared and instead of the CD(B-2) and CD(O&I) recommended by the Planning Board, the applicant changed the request of CD(O&I) to permit all uses within the O&I District. Ultimately the application was approved by the Board for CD(O&I) on December 7, 1998. On November 4, 1999, the applicant presented the current site plan to the Planning Board. There were several people at the meeting who supported the application. Some neighbors expressed concern about some of the uses allowed in the O&I zone. The Planning Board recommended approval with the following conditions: ? Buildings supplemental to the proposed dental office will not be used for convenience food stores, drug stores, day care, or electric/gas and sanitary services. ? The buildings along Alexander Road must have a minimum of two dormers facing Alexander Road, and all service utilities for these buildings must be shielded from view. ? The building along Alexander Road should be perpendicular to Market Street, and the parking at the ends of these buildings should not extend beyond the building setback. Planning Director Hayes explained that the petitioner is requesting an amendment to the approved conditional use site plan. The petitioner has modified the building layout and the parking layout. The revised plan shows an additional 6,450 square feet of building area and an additional 13 parking spaces. Also, the proposed stormwater management system has been revised from a pond to an underground detention system. After a review of the plan by Staff, it is recommended that the petition be approved with no increase in square footage on the site and that the previously approved setbacks and buffers be retained along the perimeter of the site. Any excess parking should be eliminated whenever possible. Chairman Caster asked if the petitioner would like to testify. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 680 Ms. Cindee Wolf, representing the petitioner, Dr. William Alexander, said Dr. Marshall is a dentist seeking office use with ample parking spaces further from the downtown area. She noted that the site plan for the project has been improved and the rezoning is only for Office and Institution. She requested the Board to approve the request. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the modifications to the Conditional Use Office and Institution District located at 7779 Alexander Road subject to the conditions of the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 3. PUBLIC HEARING TO CONSIDER A REQUEST BY PETER VINAL FOR EULA ALFORD TO REZONE 1.4 ACRES IN THE 6300 BLOCK OF CAROLINA BEACH ROAD ON THE EAST SIDE, FROM R-15 RESIDENTIAL TO CD(B-1) CONDITIONAL USE DISTRICT B-1 NEIGHBORHOOD BUSINESS (Z-684, 9/99) Chairman Caster opened the Public Hearing and reported the conditional use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Peter Vinal Cindee Wolf Planning Director Hayes reported that the applicant presented a revised site plan as per Staff’s comments. There was no opposition from adjacent landowners. The Planning Board, at its November 4, 1999 meeting unanimously recommended approval. The petitioner is requesting a Conditional Use B-1 rezoning for establishment of a retail nursery. The subject site is adjacent to and north of an existing Conditional Use B-1 District established in 1994 and used for a gift and novelty shop. With the exception of the Conditional Use B-1 District to the south, the subject property is surrounded by R-15 zoning. Directly north and adjacent to the site are several mobile homes that gain access to Carolina Beach Road through an easement. There are three established neighborhoods located within close proximity to the site. All three developments have moderate single-family housing. As noted in several nearby rezoning cases, the expansion of an existing commercial district is simply not compatible with the other residential land use nor does it fit with the land use plan. The petitioner could run a wholesale nursery from this site without rezoning the property. Planning Director Hayes presented the following preliminary findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The site is served by a private well and septic tank. B. Access to and from the site is proposed on Carolina Beach Road. Carolina Beach Road is classified as an arterial road on the New Hanover County Thoroughfare Classification Plan. C. The site is located in the Myrtle Grove Volunteer Fire Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 681 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based the following findings: A. The subject property is currently zoned R-15 and is classified as Resource Protection by the 1999 New Hanover County Land Use Plan. B. The applicant is requesting a Conditional Use B-1 rezoning to allow a Retail Nursery Operation. Wholesale Nursery Operations are permitted by right in the R-15 zone. C. Building setbacks are based on building height. The applicant has indicated that the proposed buildings are one story. The maximum building height is 35 feet. D. The required buffer yard is 50% of the building setback or a minimum of 20 feet, whichever is greater. E. The parking shown on the plan meets the zoning requirements. F. The principal use sign must not exceed 300 square feet and must be set back a minimum of 10 feet form the right-of-way. G. The site plan does not address any tree preservation apart from buffer yard areas. 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 adjacent and surrounding zoning is R-15 with the exception of a portion of the property south of the subject site which is zoned CD(B-1). B. The primary access to the residential property adjacent and north of the site is through an access easement. C. The site is currently vacant and wooded. D.Three established neighborhoods are located in close proximity to the site. Battleground Park to the north, Country Place to the east, and Laurel Ridge to the south. E. There are two major commercial districts within a mile north and south of the subject 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 of New Hanover County based upon the following findings: A. There are two other conditionally approved commercial areas south of the subject property and across the road. Commissioner Davis asked if the proposed rezoning would be compatible with surrounding residential land uses. Planning Director Hayes responded with recent modifications to the site plan, the use will be more compatible with the neighborhood. Chairman Caster asked if the petitioner would like to testify. Mr. Peter Vinal, representing the petitioner Eula Alford, reported that the Planning Board recommended approval of the rezoning based upon the revised site plan. He advised that the proposed use is compatible with surrounding properties. Only 300 feet on the front of the property will be used for Conditional Use Zoning with the back of the property remaining residential. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 682 Board was requested to approve the rezoning to allow placement of a nursery on the site, which will be an excellent transition use for the area. Chairman Caster asked Mr. Vinal if he agreed with the findings presented by the Planning Director. Mr. Vinal concurred with the findings as presented. There being no further testimony, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to rezone 1.4 acres located in the 6300 Block of Carolina Beach Road on the east side, from R-15 Residential to a CD(B-1) Conditional Use District B-1 and approve a Special Use Permit for placement of a retail nursery on property located in the 6300 block of Carolina Beach Road based upon the evidence and findings of facts concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 53. A copy of 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 SUBMITTED BY SIXTY NINE FORTY THREE MARKET LIMITED PARTNERSHIP FOR GROVE PARK PROPERTIES TO REZONE A PORTION OF PROPERTY LOCATED IN THE 5500 BLOCK OF CAROLINA BEACH ROAD ON THE WEST SIDE FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-689, 11/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the Planning Board voted unanimously to recommend approval of the petitioner’s request on November 4, 1999. There was no opposition present and very little discussion was held by the Planning Board. Planning Director Hayes said with the commercial nature of the area surrounding the petitioner’s property, adequate water and sewer services, and the convenience of having zoning district boundaries coincide with property boundaries, Staff recommends approval of the B-2 Highway Business zoning. 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 Howell MOVED, SECONDED by Commissioner Birzenieks to rezone .25 of an acre located in the 5500 Block of Carolina Beach Road south of Monkey Junction from R-15 Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 683 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN LEGWIN TO CLOSE A PORTION OF AN UNNAMED ROAD LOCATED NEAR THE SOUTHEASTERN TERMINUS OF DUNBAR ROAD ADJACENT TO DUNBAR LANDING IN THE MIDDLE SOUND COMMUNITY (SC-75, 10/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that John LeGwin has submitted a request to close a portion of an unnamed road located adjacent to Dunbar Landing in the Middle Sound Community. This is a 30-foot unimproved road right-of-way approximately 200 feet in length, and it currently serves as potential access to boaters and pedestrians of the Dunbar Road neighborhood using Pages Creek. Vehicular access to adjoining lots on either side of the road will not be impacted if the road is closed. Planning Director Hayes advised that this segment of the road has been identified in the Public Water Access Plan for New Hanover County as a potential road right-of-way for public water access in this area. The County Engineering Staff has indicated that utility easements will not be needed; however, with the number of registered boaters increasing annually and the limited availability of public access to the water for passive recreational purposes, the Planning Staff recommends that the road remain open. Chairman Caster asked if the petitioner would like to speak. Mr. John LeGwin, the property owner, reported this was a 200 foot road going to the water with a 5-foot drop off and 125 feet of marsh before reaching the channel. The site is not large enough for loading and unloading small boats. As growth increases in this area, the residents living on this part of the road feel it is unsafe for children to wander down to this access point. He requested the Board to close this portion of Dunbar Road to better protect the quality of life for residents living on the unnamed road. Mr. Buck O’Shields, a resident of Dunbar Road, informed the Board that a portion of Dunbar Road was maintained by the N. C. Department of Transportation. The remaining 30 feet of the road was set aside by the original property owner for his family to have access to Pages Creek. Pictures were presented showing the area and the lack of space for vehicles to turn around when using the road for water access. Mr. O’Shields said this portion of Dunbar Road has been privately maintained by the property owners for years. He requested the Board to consider the residents living on the unnamed road and approve the road closing to better protect their properties. Chairman Caster asked if anyone present would like to comment. Mr. Jay Peterson, a resident of 1305 Middle Sound Loop Road, presented a petition to the Clerk to the Board with 70 signatures of area residents opposed to the road closing. He noted that water access was second best to waterfront property, and he stated when selling land the value of property greatly increases if water access is available. Many of the deeds of residents around this area show water access via Dunbar Road. Approximately 20 years ago, a number of people donated land to widen Dunbar Road from 30 feet to 60 feet so the N. C. Department of Transportation would pave the road. To allow one or two residents living at the end of the road to have this valuable piece of property and deny property owners with deeds that show water access is not acceptable. He requested the Board to deny the road petition to close this section of Dunbar Road to maintain public access to Pages Creek. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 684 Commissioner Davis asked Mr. Peterson if people use the access for unloading and loading boats. Mr. Peterson responded that many people fish and crab at this access. Some of the residents use the access to load and unload canoes or small boats. Mr. Jeff Singletary, a resident of 7744 Dunbar Road, said that he uses the road as a walking trail. Commissioner Davis asked Mr. Singletary if his deed provides access to the water. Mr. Singletary responded that water access via Dunbar Road was part of his deed. Mr. James Ray Blake, a resident of 7413 Dunbar Road, commented on the ownership of this property by his father, and he requested the Board to allow the road to remain open so residents that do not live on the water can enjoy this access for fishing and canoeing. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis to deny the request to close the road. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS OF COUNTY COMMISSIONERS TO SERVE ON VARIOUS COUNTY AND COMMUNITY BOARDS Consensus: After discussion, it was the consensus of the Board for each County Commissioner to continue to serve on the same boards and committees. A list of the Commissioners serving on the various boards and committees for the Year 2000 is on file in the Governing Body Office. COMMUNITY APPOINTMENTS Appointments to the Board of Health Chairman Caster reported that three vacancies exist on the Board of Health with the three persons serving being eligible for reappointment. He noted that four applications have been received for the at-large general public category; one application for the dentist category; and one application for the professional engineer category. Motion: Vice-Chairman Greer, the Commissioners’ representative on the Board of Health, commented on the quality of service being provided by the members eligible for reappointment, and he MOVED, SECONDED by Commissioner Birzenieks to reappoint Anne Braswell as the General Public representative, Wilson O’Kelly Jewell, Jr., as the dentist representative, and William T. Steuer as the professional engineer representative to serve 3-year terms on the Board of Health to expire December 31, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Human Relations Commission Chairman Caster announced that two vacancies exist on the Human Relations Commission and stated that three applications have been received. He opened the floor to receive nominations. Commissioner Birzenieks nominated Benjamin P. Wright. The nomination was seconded by Chairman Caster. Vote: Upon vote, Benjamin P. Wright was unanimously appointed to serve a 3-year term on the Human Relations Commission to expire December 31, 2002. Vice-Chairman Greer nominated Katherine Salwitz. The nomination was seconded by Commissioner Birzenieks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 685 Vote: Upon vote, Katherine Salwitz was unanimously appointed to serve a 3-year term to expire December 31, 2002. Chairman Caster requested Clerk to the Board, Lucie F. Harrell, to provide an updated list of members serving on the Human Relations Commission. Appointments to the Zoning Board of Adjustment Chairman Caster announced that two vacancies and two alternate vacancies exist on the Zoning Board of Adjustment. He advised that Peter Michael DeVita and Irving Rod Smith are eligible to be reappointed to the Zoning Board of Adjustment for three-year terms. Mr. Dallas J. Brown, Jr. and Randy Crow are eligible to serve as alternates. He advised that 4 applications have been received for regular members and two applications for alternate members. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reappoint Peter Michael DeVita and Irving Rod Smith to serve 3-year terms on the Zoning Board of Adjustment with the terms to expire December 1, 2002 and to reappoint Dallas J. Brown, Jr. and Randy Crow to serve as alternate members with the terms to expire December 1, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO CONTINUE THE MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:42 p.m. to continue the regular meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:58 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Announcement of Family Court Pilot Program Commissioner Davis announced that New Hanover and Pender Counties have been selected as a site for a new Family Court Project by the Administrative Office of the Courts. The Chief Justice and the Director of the Administrative Office of the Courts will be in Wilmington to formally announce this at a Press Conference to be held in the Assembly Room of the New Hanover County Courthouse on Thursday, December 9, 1999, at 2:00 p.m. Commissioner Davis encouraged the Commissioners to attend this event if at all possible. Reminder of County Employee Christmas Party Chairman Caster reminded the Board that the Employees Christmas Party would be held on Thursday, December 16, 1999, from 4:00 p.m. until 6:00 p.m in the Assembly Room of the New Hanover County Courthouse. Reminder of Special Meeting to Hear Tax Appeals Chairman Caster reminded the Board of the Special Meeting scheduled on Monday, December 20, 1999, at 9:00 a.m. in the Assembly Room to hear tax appeals. Reminder of the Joint Meeting with the Board of Education Chairman Caster reminded the Board of the joint meeting scheduled with the Board of Education on Tuesday, December, 14, 1999, at 6:00 p.m. in the Media Room at Hoggard High School. ADDITIONAL ITEMS - COUNTY MANAGER Budget Retreat Scheduled for February 11 and 12, 2000 County Manager O’Neal presented the following list of dates to be considered for scheduling a Budget Retreat: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, DECEMBER 6, 1999 PAGE 686 January 21 & 22, 2000 January 28 & 29, 2000 February 4 & 5, 2000 February 11 & 12, 2000 Consensus: After discussion, it was the consensus of the Board to schedule a Budget Retreat on th Friday and Saturday, February 11 & 12, 2000 in the 5 Floor Conference Room of the County Administration Building. The exact time will be decided at a later date. Announcement of Visit to William and Mary College to Attend the Courtroom 21 Project Seminar Deputy County Manager, Andrew J. Atkinson, announced that he and a group composed of Judges, the District Attorney, Bruce Bowman, and Greg Thompson would be attending the Courtroom 21 Project Seminar to be held at William and Mary College to learn about the latest technology for courtrooms. The group will leave in a van from the parking lot on Thursday, December 9, 1999, at 4:30 p.m. He said if any of the Commissioners would like to attend, there were two vacancies. Approval of Settlement in the Batts v Bohen Lawsuit County Attorney Copley reported that insurance attorneys representing New Hanover County have recommended a settlement in the Batts v Bohen lawsuit in the amount of $10,000. She requested the Board to accept or reject the settlement. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to approve a settlement of $10,000 in the Batts v Bohen lawsuit as recommended by the insurance attorneys. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned at 12:10 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board