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2001-11-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 851 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 5, 2001, at 5:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Paul Waters, Pastor of Myrtle Grove Baptist Church, gave the invocation. Girl Scout Troop #957 led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove a Consent Agenda Item. Commissioner Pritchett requested that Consent Item #8 be removed from the Consent Agenda for further discussion and commented on Consent Item #4 recognizing that Fire Services had received FEMA grant awards in the amount of $56,000. She congratulated Fire Services on achieving the grants. Hearing there were no other items to be removed, Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to remove Item #8 from the Consent Agenda and to approve the remaining items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Joint Meeting with Planning Board, September 20, 2001 Regular Meeting, October 15, 2001 Consolidation Work Session, October 15, 2001 Acceptance of Senior Center General Purpose Grant Funds for the Department of Aging The Commissioners accepted the Senior Center General Purpose grant funds in the amount of $11,364 and approved the associated budget amendment for the amount not budgeted of $5,035. The Chairman was authorized to sign the grant document. Sufficient funds are in the Senior Center's approved budget to cover the required 10 percent match. Budget Amendment #02-0073 - Aging-Senior Center AdjustmentDebitCredit State Senior Center Funds $5,035 Salaries$5,035 Explanation: To increase budget for State Senior Center General Purpose funds awarded to the Senior Center. The grant is for $11,364; $6,329 was budgeted during the budget process for fiscal year 2001-02. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 852 Approval of Reimbursement to the Town of Kure Beach from the Room Occupancy Tax Funds for Beach Grass Planting as Part of the Beach Nourishment Project The Commissioners approved the reimbursement of $24,500 to the Town of Kure Beach for expenses incurred from planting beach grass as part of the Town's beach nourishment project. The request complies with County policy and was recommended for approval by the Ports, Waterway and Beach Commission. Acceptance of Two FEMA Grants for Fire Services The Commissioners accepted two grants and approved the associated budget amendment for funds from the Firefighter Investment and Response Act. One grant, in the amount of $21,000, will be used for a Fire Prevention Program and a second grant, in the amount of $35,000, will be used for a Health and Wellness Program for Fire Service personnel. The County’s matching funds of $24,000 are already budgeted. The County Manager was authorized to sign the grant documents. Budget Amendment #02-0071 - Fire Services AdjustmentDebitCredit FEMA Fire Act Grants$56,000 Administrative Reserve$56,000 Explanation : To increase budget for two (2) grants awarded by FEMA for Fire Prevention and Health and Wellness. The County's match of $24,000 is already in this fiscal year's budget. Funds will be budgeted in specific expenditure accounts as the programs are developed. Appointment of Edward Ruffin to the Aging Advisory Council The Commissioners appointed Edward Ruffin to serve on the Region O Area Aging Advisory Council as recommended by Annette Crumpton, Director of the Department of Aging. Approval of the Deaccession of Objects at the Cape Fear Museum The Commissioners approved the deaccession of three objects and disposal of a quilt currently part of the permanent collection at the Cape Fear Museum. The deaccessioned objects were architectural elements (to be donated to the Historic Wilmington Foundation), artillery shell fragments, and a cotton bale. Approval of the Budget for the Museum’s Grassroots Science Grant The Commissioners approved the proposed budget for the Grassroots Science Grant and authorized the acceptance of the grant when awarded and the approval of the budget amendment. The Museum will receive approximately $200,000 this year in support of science education. Approval of Budget Amendment #02-0074 - Public Health/Child Care Health Consultant The Commissioners approved the following budget amendment: Budget Amendment #02-0074 - Public Health/Child Care Health Consultant AdjustmentDebitCredit Child Care Health Consultant$37,990 Medical Insurance Expense $279 Salaries and Wages$31,417 Social Security Taxes $2,404 Retirement-Local Govt. Employee $1,561 Long-Term Disability Insurance $69 Printing Charges $300 Employee Reimbursements $518 Employee Reimb./Uniforms $500 Training & Travel $1,500 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 853 Explanation: To adjust Child Care Health Consultant budget to actual grant award received from the University of North Carolina at Chapel Hill. Approval of Budget Amendment #02-0075 Public Health/Teen Aids Prevention The Commissioners approved the following budget amendment: Budget Amendment #02-0075 Public Health/Teen Aids Prevention AdjustmentDebitCredit Cape Fear Memorial Foundation Grant$5,000 Medical Insurance Expense$1,857 Departmental Supplies$1,000 Employee Reimbursements$1,000 Salaries and Wages$7,903 Social Security Taxes $566 Retirement-Local Govt. Employee $377 Long-Term Disability Insurance $11 Explanation: To adjust Teen Aids Prevention budget to actual amount of grant award received from Cape Fear Memorial Foundation. Approval of Budget Amendment #02-0076 - Public Health/Maternal Outreach Worker The Commissioners approved the following budget amendment: Budget Amendment #02-0076 - Public Health/Maternal Outreach Worker AdjustmentDebitCredit Title XIX Fees$51,000 Departmental Supplies $653 Partnership For Children Grant $4,000 Salaries and Wages$35,489 Social Security Taxes $2,715 Retirement-Local Govt. Employee $1,641 Medical Insurance Expense $1,705 Long-Term Disability Insurance $108 Contracted Services $1,000 Cellular Expense $320 Printing Charges $200 Employee Reimbursements $3,975 Training & Travel $500 Explanation: To adjust Maternal Outreach Worker budget to actual Medicaid revenue projections and actual grant award received from Partnership for Children. Note: Medicaid revenue of $20,000 was budgeted during budget process until projections could be updated during the fiscal year. DISCUSSION AND APPROVAL OF CONSENT ITEM 8 CONCERNING SNOWS CUT PARK LEASE AGREEMENT WITH THE CORPS OF ENGINEERS Commissioner Pritchett requested that Parks Director Lewis point out the additional tracts in relation to the picnic area and to speak about the erosion problem of the area. Parks Director Neal Lewis stated that the lease agreement allows the County to use 37.47 acres for park and recreational use for a 25 year period expiring July 31, 2026. The lease replaces the current lease for Snows Cut Park. There is no cost to the lease, but the County would be NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 854 responsible for any improvements on the property. Director Lewis pointed out on the map the Snows Cut Park and explained that the County is currently leasing tract 6 which includes 15 acres. The additional acreage to the east includes 7 ½ acres and consists of a 25 foot easement for access. The Corps has verbally agreed to sub-lease another tract consisting of 10 acres to the Town of Carolina Beach for a trail and overlook. Erosion problems have occurred in the middle sections of Snows Cut, in particular, the tract under the high-rise bridge. A picnic shelter and restroom building may be in jeopardy due to the erosion and the County may need to decide whether to demolish the facilities or to relocate them to another location near the tract. He did not anticipate the same type of erosion problem to occur on the tract to the east where the bluff decreases into the marsh areas. The tract will most likely be a nature trail since the property is low, but it has great views of Carolina Beach Inlet. Chairman Davis asked if the lease would require the County to be responsible for dredging of the waterway. Director Lewis responded that the County would not be responsible. County Manager Allen O’Neal stated that the County will provide adequate insurance coverage for the facilities and visitors consistent with the coverages normally maintained by the County for similar facilities. He also reported that Dean Mitchell, of Congressman McIntyre’s office, will be in Wilmington on November 19, 2001 to talk about the erosion problem and the possibility of getting federal money for the project. Director Lewis stated that the Corps of Engineers and the Town of Carolina Beach would like to be a part of the meeting. He has made plans for a boat trip through Snows Cut for Mr. Mitchell. The Commissioners were invited to meet with the group. Motion : Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to authorize the Chairman to execute the lease agreement with the Corps of Engineers for property along Snows Cut. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the lease agreement is on file in the County Attorney’s Office. PRESENTATION OF CERTIFICATE OF APPRECIATION TO CHANDLER MCHENRY Fire Service Administrator Donnie Hall stated that the FEMA grant will be used for fire prevention programs so that people like Chandler McHenry will know what actions to take in case of a fire. He asked Chandler, his family members, and representatives from the Ogden Volunteer Fire Department to come forward for the presentation. Fire Marshall Wayne Burns stated that Chandler McHenry, an 8 year old living in the Ogden Fire District, had alerted neighbors on both sides of the house about the fire emergency. A Chuck E Cheese’s Pizza gift certificate was presented to Chandler for his heroic deed. Chief William Pierce of Ogden Volunteer Fire Department presented Chandler with a savings bond in appreciation for his quick thinking, which allowed a faster response by the fire department. Chairman Davis, on behalf of the Board and the County Fire Services Department, presented a certificate of appreciation to Chandler McHenry. The Commissioners congratulated Chandler for his heroic act. A round of applause was received. PRESENTATION BY KEEP AMERICA BEAUTIFUL Molly Connell, coordinator for Keep America Beautiful in New Hanover County, spoke concerning the KAB projects of the past year, which included 3,600 volunteers who helped to beautify the community and had planted over 4,000 trees and flowers. Through the efforts of the County, KAB, and ADPR, an advertising agency, a commercial was developed to use in educating the public about the problem of litter. The PSA concentrates on the casual litterer, who throws out cigarette butts or trash from vehicles on the streets, and the impact of the steady accumulation of debris that piles up. The advertising campaign reminds everyone that a little trash becomes big trash. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 855 It is hoped that the ad will affect the behavior of children before littering becomes a habit, as well as encourage children to be vocal advocates in fighting litter. The television campaign is being aired on NHCTV and all local commercial television stations. The ad was recognized for winning first place in the national campaign of KAB and will be aired at the KAB conference in Washington, DC. Ms. Connell expressed gratitude to the Board for funding the KAB program in New Hanover County and she recognized and thanked the KAB board members for their strong support of the programs. Commissioner Pritchett congratulated Ms. Connell on winning first place in the competition against other KAB advertising campaigns in the country, where some have budgets of $2 million. PRESENTATION OF GRANT AWARDS BY THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR VETERANS PARK Mr. John Poole, Grants Program Manager of the State’s Park and Recreation Trust Fund and the Federal Land and Water Conservation Fund Program, on behalf of Governor Mike Easley and the State of North Carolina, presented a check in the amount of $250,000 for PARTF matching grants for Veterans Park. Out of 79 applications received last year for the $11 million in PARTF funding, New Hanover County was ranked eighth by the Parks and Recreation Authority, who applauded the County’s vision for the development of the unique campus with schools, parks and a performing arts center on the same site. The project was seen by the authority members as a model for smart growth development. Additionally, Mr. Poole announced that Veterans Park had ranked first place in LWCF applications and received $500,000 out of the $2 million federal money from the LWCF. Mr. Poole applauded Parks Director Neal Lewis for his innovative and outstanding grant applications to the PARTF and LWCF and using creative financing for the projects which provided $750,000 in matching assistance to complete phase I of the park. He stated that citizens of New Hanover County should be proud of staff’s work and the support of the Commissioners to protect open space, to provide quality recreational facilities in areas, and to improve the quality of life for its citizens. He also complimented the Commissioners and Mr. Lewis on the work completed at Ogden Park. Chairman Davis, on behalf of the Board, expressed appreciation for the funding. PRESENTATION BY WILMINGTON INTERNATIONAL AIRPORT ON NEW SECURITY MEASURES FOR THE AIRPORT Airport Director Jon Rosborough reported on the status of the airport, particularly since the horrific tragedy of September 11, 2001. Security: The FAA and DOT required 17 new security measures for all airports to meet before th returning to operation on September 13. Since then, 56 amendments to the requirements have been added that the airport must comply to in order to stay in operation. Four National Guard military personnel have been assigned to the airport for a minimum of 6 months. A bomb blast perimeter of 300 feet around the terminal would remove short term parking, but a temporary security service was hired to inspect cars before allowing the return of the short-term parking. The closing of the parking lot would have resulted in lost of revenue of $104,000 per year. A bomb detection dog has been purchased and will be available by the Thanksgiving holiday. Other security changes will be implemented once Congress has passed the security bill. Aviation Operations: Prior to September 11th, the airport had three air carriers: Midway, Delta, and USAir, generating 44 flights per day. Since then, Midway has gone out of business. Although they may receive federal financial support to get back into the business, they will be looking for longer haul trips to major cities and may drop the Wilmington trips. Currently, the airport has 30 flights per day. Passenger loads have gradually increased and are about 60% of capacity. Before September 11, passenger loads were 74%. All additional services, such as air taxi, plane rentals, and cargo handling, had decreased by 41% for the month of September. However, preliminary numbers show an increase to 60% for October. Financial: With decreased flights, the airport has anticipated losing $417,000 this fiscal year ending June 2002. The Airport Authority has reduced the budget by $495, 600 and has implemented a NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 856 hiring freeze. New security requirements may add an estimated $90,000 in expenses for the airport. Construction Project: A $3 million terminal renovation project will include the screener, holding area, and gate operators. FAA funds would have to be returned if the improvement projects are not completed. The renovations will help with security by having all passengers depart from one area and making it more convenient and safer for the passengers. Pilots will not have to walk on the tarmac to get to planes and the new jetways will accommodate smaller aircrafts. These improvements will be an enticement to get other air carriers to come into the Wilmington area. Additionally, the construction project will provide $3 million to the community for the local trade industry. Air Service: Before September 11, the airport was aggressively working to get two new carriers for the area. One carrier was very interested, but as most carriers, they may need to restructure their flights by using more profitable markets. Because of the air tragedies, air carriers are losing $3 to $7 million a day, even with passenger loads of 60% to 63%. The airport has had good passenger load factors for the past ten years, growing on the average of 4.3% per year. Last year 272,300 passengers flew out of Wilmington. The revenue per passenger mile at the airport is over 20 cents, while Raleigh-Durham is 11.3 cents and Myrtle Beach is 7.9 cents. Carriers will be doing away with non-profitable markets and may become more interested in the Wilmington airport. Commissioner Caster asked if the airport was still interested in having the regional growth team conduct a forum about the airport. Mr. Rosborough replied that the airport was interested, but they may not want to be as aggressive as originally planned. The key time for airlines is the holiday season, but they will be concerned about what the traveling public will do in the Spring. Additionally, the carriers are facing more expenses in implementing new security and safety measures. Chairman Davis expressed appreciation to Mr. Rosborough for his presentation and expressed gratitude for the superior work provided by the Airport Authority and staff. APPROVAL TO PROCEED WITH PREPARING AN ORDINANCE TO REQUIRE TRAFFIC IMPACT STUDIES Planning Director Dexter Hayes stated that as the City and County continue to grow and new developments place additional demands on the existing transportation system, it is critical that local elected officials and appointed boards have the necessary information to make informed decisions regarding traffic impacts. North Carolina General Statute 153-A-341 provides for zoning regulations to be designed to lessen congestion in the streets and to facilitate the adequate provision of transportation. One of the main issues identified in the Wilmington - New-Hanover County Comprehensive Plan was traffic volumes exceeding the capacity of street networks. In order to maintain adequate service levels, many cities and counties require traffic impact studies prior to the approval of any large commercial or residential development. The studies would be prepared by qualified transportation engineers hired by the developer and would be undertaken in cooperation with transportation planners working for the MPO and with the NCDOT. The engineers will identify the transportation impacts of trips generated, road widening needs, intersection improvements, and traffic signalization improvements based on the particular land use. The developers had voluntarily performed a traffic impact study for the Lowe’s and Walmart stores in the Monkey Junction area which led to the requirement of improvements for the intersection at Monkey Junction as well as a transportation fee. Director Hayes requested the Board to authorize staff to proceed with the preparation of an ordinance to require transportation impact studies as part of the review process. The study would be required for larger projects based on traffic generation and the existing level of service for the area. Most cities usually require the study when the trips generated number 100 to 150. Since the City’s regulation is part of the permit and approval process, the County may want to use the recently adopted ordinance of Forsythe County as a model. The County’s role in transportation and road building is different from the City’s role. Our regulation can be tied to the review process with NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 857 NCDOT and their transportation studies. Planning Director Hayes stated that the information would be used by the Commissioners and staff in the decision-making process for special use permits, development/project review process, and conditional use zoning requests. With the specific information, the Board could require a developer to phase aspects of his project or coordinate improvements with scheduled State projects. Also the Board could reduce the size of the project based on the number of units or square footage or the type of land use. Mr. Bill Austin, Transportation Planner with the City of Wilmington stated that the Institute of Transportation Engineers used surveys taken around the country on trip generation for various land uses to develop statistics for their handbook and computer program. The typical study would usually cost between $1,000 to $5,000 depending on the size of the development and the requirements of the study. Commissioner Caster stated that the goal of the Unified Development Ordinance is to make the City’s and the County’s regulations as similar as possible. He asked how the traffic impact ordinance will work into the UDO process. Planning Director Hayes explained that the UDO Committee should consider the regulations at the time of site plan review, subdivision plan approval, conditional use zoning, or special permit approval. Although it has not been discussed at the meetings, the committee is currently studying and working on the subdivision review and subdivision ordinances. Chairman Davis commented that the City and the County should have uniform requirements so that citizens have similar processes to go through for approval. In a consolidated government, there would have to be a single policy. Mr. Austin responded that the reason it has not been addressed in the UDO is because it is written in different documents. The City’s policy is in the technical review standards and the County’s policy will be in the subdivision review policy or zoning ordinance. As far as the developer is concerned, the requirements would be the same. Vice-Chairman Greer asked how the City’s responsibility to build roads and the County’s prevention from building roads are affected by the requirement of traffic impact studies. He asked if the County will be allowed to require a developer to make road improvements. Mr. Austin responded that NCDOT would consider the traffic impact studies when issuing driveway permits. The road widening project on Military Cutoff benefitted from a traffic impact analysis of two major projects in the area. Planning Director Hayes pointed out that in any situation the developer or landowner is only responsible for the impact of the trips generated by the new land use. If improvements are needed as part of the local transportation system, the County cannot burden the landowner with that responsibility. In situations where the developer is increasing the density of zoning, the Board can incorporate those changes into the existing transportation plan. Commissioner Boseman commented that since traffic is the number one concern of our citizens and New Hanover County is number one in accidents, she felt that this was a good opportunity for the County to address traffic concerns, and she wanted to move forward. Vice-Chairman Greer wondered if in fact the regulations will do anything since the County does not have the responsibility for roads. If the studies will help, the County should require it. However, the cost of the regulation will add to the costs of homes . He asked if this is something the State should be doing. Planning Director Hayes responded that the County does require some road improvements as a result of reviewing development plans. Sometimes the County is guessing at what those needs NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 858 would be and relying on NCDOT’s review. Staff will need to work closely with NCDOT engineering staff to ensure that the requirements will address the needs of the County, City, and NCDOT. Mr. Austin noted that the City’s policy requires an impact study if a hundred peak hour trips are expected. A traffic study for a subdivision with 85 to 90 houses will be about $35 per house. The traffic studies will allow staff to be proactive in planning projects and will give elected officials and the Planning Board additional information as they consider projects. Furthermore, the City and County can use the information for joint transportation planning efforts and in asking NCDOT for specific road projects. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to authorize staff and the Planning Board to prepare an ordinance requiring Transportation Impact Studies for large commercial and residential developments. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Greer requested that staff use the City’s regulations as closely as possible since both governments are working for a unified development ordinance and consolidation. ADOPTION OF RESOLUTION PROCLAIMING NOVEMBER 18, 2001 AS “WESTFIELD WORKS WONDERS DAY” IN NEW HANOVER COUNTY Chairman Davis stated that Westfield Mall has requested the Board to adopt a resolution to proclaim November 18, 2001 as “Westfield Works Wonders Day” in support of their annual corporate charity event to benefit over 54 local non-profit organizations. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution proclaiming November 18, 2001 as Westfield Works Wonders Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI1, Page 11. PUBLIC HEARING TO CONSIDER A REQUEST FROM MONTE ADCOX FOR A SPECIAL USE PERMIT FOR A SINGLE WIDE MOBILE HOME AT 1812 OAKLEY ROAD (S-480, 11/01) Chairman Davis opened the Public Hearing and announced that the special use permit process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in. The following persons were sworn in: Dexter Hayes Monte Adcox Planning Director Dexter Hayes stated the request is for a special use permit for a single wide mobile home at 1812 Oakley Road. He presented slides showing the surrounding area zoned R-20 Residential with nearby R-15 Residential property. The property has access through a 15 foot driveway off Oakley Circle. There are other single-wide and double-wide mobile homes and a mobile home park in the area. A residential brick home fronts the property. The property has buffering and screening close to the creek drainage tributary along the perimeter of the property. The Planning Board does not review special use permits for single-wide mobile homes. Planning Director Hayes entered the following findings into the record: 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 single-wide mobile home site will be located on approximately 5.20 acres. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 859 Presently, no existing structures are located on site. The mobile home will be located in the southeastern portion of the tract. B.The mobile home is served by individual well and septic system. C.Access to the site will be from a 15 foot access road on Oakley Road (SR 1329). D.The area 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.The site is located in an R-20 Residential Zoning District. B.Minimum setback shall be met. C.No conservation resources are located where the mobile home is intended to be placed. D.The mobile home is not located within the 100 year flood plain. 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 site is located adjacent to a mobile home park along with other mobile homes nearby. Several residential homes also exist nearby. B. The site is located on high ground in an open field and is screened on two sides. 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.The 1999 Land Use Plan identifies this area as Resource Protection. This class provides for the preservation and protection of important natural, historic, scenic, wildlife and recreation resources. B.No evidence has been presented that this mobile home will significantly lower the value of nearby residential property. Chairman Davis asked if the petitioner would like to speak. Mr. Monte Adcox, owner of the property, spoke concerning his plans to place a mobile home on the lot for his son and grandson. He has owned the property for 35 years and will not be making any other changes to the property. He was unaware of any neighbors who objected to the use. The surrounding area consists of approximately ten mobile homes. There was no one present to speak against the Special Use Permit. Chairman Davis asked if the use is consistent with the Land Use Plan. Planning Director Hayes responded that several similar residential structures were nearby. The owner has over five acres of property available. Staff found the use of the property to be consistent with the Land Use Plan. Chairman Davis asked Mr. Adcox if he agreed with the findings as presented by the Planning Director. Mr. Adcox concurred with the findings as presented and explained to him by Director Hayes. There being no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant the Special Use Permit based upon the conclusion that all specific requirements set forth in Section 71- 1(3) of the New Hanover County Zoning Ordinance have been satisfied; namely that the use will not materially endanger the public health or safety if located where proposed and developed according NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 860 to the plan as submitted and approved; that the use meets all required conditions and specifications of the Zoning Ordinance; that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 15. PUBLIC HEARING TO CONSIDER A REQUEST FROM K. E. AUSTIN CORPORATION TO REZONE .13 ACRE AT 5556 CAROLINA BEACH ROAD TO B-2 HIGHWAY BUSINESS FROM R-15 RESIDENTIALZ-730, 10/01 () Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes presented maps of the property and reported that the petitioner is requesting a B-2 Highway Business Rezoning for the rear or western portion of a parcel which fronts on the Carolina Beach Service Road at Monkey Junction. The majority of the site is currently zoned B-2 and is home to an unmanned fuel station. The property is also adjacent to the primary access to Grove Park Mobile Home Park. Brewster Place subdivision south of the subject property has recently been developed. This area of the County was originally zoned in April 1971. The B-2 zoning designation originally ran parallel to the original right-of-way to a depth of 300 feet. As a result of development and transportation improvements in the area, additional right-of-way was acquired in the mid 90's to accommodate the service road, ultimately decreasing the depth of the B-2 district on the parcel to approximately 230 feet. He recommended using a physical boundary such as the power lines or the center of the power line easement as the appropriate zoning boundary. Utilizing the power lines as a boundary would approximately align the zoning district on this parcel to the zoning line on the parcel to the north. The power line also marks the division of the property between the developed area and woods. Director Hayes stated that the land is classified as developed under the County’s Land Use Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. The petitioner presented the rezoning request to the Planning Board in October, and no one spoke in opposition of the request. There was some discussion regarding the location of the existing B-2 zoning line and buffering requirements. The Planning Board felt the automatic buffering and setback requirements would place limitation of the size of the building and that construction underneath the utility line would not be allowed. There was a difference of 15 to 20 feet between the proposed lines. The Planning Board voted 5-0 to approve the rezoning as submitted by the petitioner. Chairman Davis asked if the rezoning request is consistent with the Land Use Plan. Planning Director Hayes responded that the request was consistent with the Land Use Plan because of it being part of the large commercial center in Monkey Junction, and the County has encouraged expansion of those commercial facilities at major commercial intersections. Chairman Davis asked if the petitioner would like to speak. Mr. Reggie Stanley, representing the K. E. Austin Corporation, the owner and operator of the Go-Gas Stations in New Hanover County, spoke concerning the purpose of their request to eliminate the dual zoning on the property. The property was 375 feet deep, but when the corridor was restructured for the service road, the company lost 75 feet of the existing B-2 property. Currently, 225 feet of the property is zoned B-2 and approximately 75 feet in the rear of the property is zoned R-15 Residential. The power lines cross the B-2 property and run parallel to the existing residential structure. He requested the Board to rezone all of the property to B-2. The power lines would affect the size of the structure that could be built on the property and the regulations require that a one-story building would need a 52 foot setback. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 861 Chairman Davis asked if anyone from the public would like to speak in opposition of the petition. Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to rezone approximately .13 of an acre located at 5556 Carolina Beach Road to B-2 Highway Business from R-15 Residential as requested by the petitioner and recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 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 62. PUBLIC HEARING TO CONSIDER THE DESIGNATION OF FUTCH CREEK AS AN OUTSTANDING RESOURCE WATER Planning Director Hayes stated that the Northeast New Hanover Conservancy has requested the NC Environmental Management Commission (EMC) to upgrade the classification of Futch Creek from SA Waters to Outstanding Resource Waters (ORW). The County's Tidal Creeks Advisory Board has also requested the upgrade. Maps of the area were shown showing the upper reaches of the creek. The major difference between SA and ORW (also referred to as SA-ORW) is that the State's "high density" development option can be done along SA waters, while in ORW waters no high density development can be done within 575 feet of the shoreline. High density development, according to State regulations, is where lots are less than one-third of an acre or the impervious surface is greater than 25%. High density development requires an engineered stormwater design that retains up to 1 ½ inches of rainfall. Howes Creek currently has the classification and has been able to continue development under that classification. ICWW and the Middle Sound Areas along the estuarine shoreline has the SA-ORW classification. Some of the policies of the Land Use Plan encouraged the County to take the necessary actions to improve water quality in the creeks. Director Hayes requested the Board to support the nomination of Futch Creek for the ORW classification. The Environmental Resource Commission will make the designation. The petitioner has received a response from the Environmental Management staff requesting additional information and evidence supporting the upgrading of the classification. The State will not act on the request until the petitioner provides additional information. The boundary of the County in this area starts at a juncture of Foy Creek and Futch Creek, but the northern portion of the creek is in Pender County. Pender County Watch has contacted Pender Planning Staff and they are reviewing the information for the designation. Commissioner Caster asked if there is any reason the Board should wait until the State has received more data from the Conservancy before acting on the request. Planning Director Hayes responded that it will be a lengthy process and he was unsure of all the information the State will need. The Planning Department will provide the State with some data from the studies of the last 4 to 5 years. Other State agencies and the Conservancy will provide data on fish species and habitat in the creek. The Environmental Management Commission will conduct public hearings at various stages before taking action. At any point in time the Board can either endorse or not endorse the Conservancy’s request to the State. Vice-Chairman Greer stated that since the regulations will apply to both Pender and New Hanover Counties, he did not feel it would be appropriate for New Hanover County to consider the endorsement without checking with the Commissioners in Pender County. He had spoke to four of their Commissioners at a meeting recently and they were unaware of the request. They anticipated holding a public hearing and acting jointly with New Hanover County on the request. The intent of this public hearing is to receive public comments with the Board making a decision after conferring NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 862 with Pender County. Chairman Davis opened the public hearing to receive comments. Mr. John Jefferies, a resident of 1701 Futch Creek Road since 1975, spoke concerning his involvement with the Futch Creek Advisory Committee, Tidal Creek Watershed Management Advisory Committee, and the County’s Comprehensive Land-Use Plan. He stated that prior to the establishment of the golf course, the creek was clean and alive with fish, birds and other wildlife. Over a period of time the mouth of the creek had shoaled up with bacteriological readings showing an increase in pollution. However, once the mouth of the creek was dredged, the water quality improved to sustain wildlife again. He stated that Futch Creek is a model for the rest of the county to see how comprehensive planning techniques can develop subdivisions next to tidal creeks and estuaries, not only protecting the water quality, but allowing developers to make a profit. He commented on the joint venture between the development community and the environmental community in achieving the high quality of life in the community. He spoke on the effort and money spent in studying the creeks which can be used in solving problems in other creeks. Futch Creek has an opportunity to be maintained as an example of how a development can occur with common sense and sensitivity to the environment. The Futch Creek Advisory Board, made up of people living in New Hanover and Pender Counties, support the reclassification. He urged the Board to endorse the change that will benefit the entire community. Mr. Joe Clem, president of the Creekside Homeowners Association consisting of 65 members, expressed concern about keeping the water quality of the creek. As a participant in the development of the Futch Creek watershed management plan, he felt that the reclassification to Outstanding Resource Water was an outgrowth of that planning effort. He urged the Board to support the efforts to protect the diversity of wildlife and 57 fish species in Futch Creek. Mr. Dan Dawson, representing Harnett Waterfront Properties, the owner of 120 acres in the watershed, spoke concerning the developer receiving approval from the County to develop the property for a low-density single-family subdivision. Working with the County and other State agencies, the developer plans to do some stream restoration to improve the quality of Futch Creek. He cautioned the Board that until the Division of Water Quality receives a complete application and determines how they will proceed in formulating a recommendation to the Environmental Management Commission, the details of regulations will not be known. If the Board supports the reclassification at this time, they will not know how the regulations will affect changes or expansions of current clustered developments. Cornelia Nixon Davis or Plantation Homes, who may not have known about tonight’s Public Hearing, may be unable to expand their facilities if new regulations are imposed. The EMC will conduct public hearings on the ORW classification later in the process, and by then the County will know what position to take. He did not say that Harnett Waterfront Properties disagreed with the reclassification, but his experience with the State told him to be sure of the ramifications of the request before endorsing the reclassification. Considering the zoning for the area is generally R-20S or R-20 requiring half acre lots, a reclassification from SA to ORW should have little effect on the density of development. Mr. Dawson spoke on improvements made to water quality through flushing of the creeks with ocean waters. He argued that the flushing action has been more beneficial to improving the environment than making more rules and regulations. Although he supported the concept, he was unsure that other adjoining property owners were aware of the Board’s consideration. He requested the Board to wait until more information was known. Commissioner Boseman stated that she did not want to postpone the endorsement indefinitely, since the item was postponed from the October meeting to allow public comments. She stressed the importance of protecting the environment and water quality of the area and requested the Board to move forward. Vice-Chairman Greer suggested that Chairman Davis write a letter to the Chairman of the Pender County Board of Commissioners asking for their comments on the request for the ORW classification. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 863 Commissioner Caster reminded the Board of the Regional Growth Team meeting at the end of the month and suggested that it would be a good opportunity to discuss the issue with Pender County officials at that time. Consensus : The Board agreed that the Chairman should write a letter to the Pender County Board of Commissioners requesting their comments on the reclassification of Futch Creek to Outstanding Resource Water. CONSIDERATION OF ACCEPTING PROPERTY LOCATED OFF GORDON ROAD FROM NCDOT Parks Director Neal Lewis stated that a parcel of land off Gordon Road, approximately ninety acres in size, consisting primarily of a lake, has been offered to New Hanover County for use as a passive public recreation area. The property is owned by the State of North Carolina under the jurisdiction of UNCW. The lake was created when I-40 was constructed. NCDOT will use the property for the excavation of additional fill material for construction of the Northern Bypass. Once the excavation is completed, the lake will be larger than it is now, approximately sixty acres in size, and a reclamation project will result in the lake, the shoreline and the adjoining slopes being left in acceptable condition. If New Hanover County accepts the property, the County must commit to providing basic passive recreational facilities, and to maintaining the property in accordance with the requirements set forth by the U.S. Army Corps of Engineers. A conceptual plan has been verbally approved by the Corps for a parking area, picnic shelter, and restrooms at Harris Road. The main use of the property will be a trail around the lake. Director Lewis stated that the Board will need to send a letter to the Council of State requesting that the property be deeded to New Hanover County. The letter must state a commitment on the part of the County to provide passive public outdoor recreational facilities on the property, and that the County will maintain the property in accordance with the conditions set forth by the U.S. Army Corps of Engineers. NCDOT needs the County to proceed as soon as possible, so that the contractor currently working on the Northern Bypass project can use fill material from the site. The contractor who excavates the fill material should be required: 1) to construct the shoreline and slopes in a manner acceptable to the County and the Corps of Engineers, 2) to construct an access road to the property, and 3) to construct a fence along the portion of the property used for illegal access. Mr. Scott McClendon, U.S. Corps of Engineers, stated that UNCW received ownership of the property through the State Property office over 10 years ago for fisheries research at the university. The area is used by four-wheelers and campers. In recent years, two people have drowned in the lake. The County has an opportunity to acquire the property for passive recreational use and offer some protection to it. The main consideration would be to insure that its future use will be consistent with its uses as a mitigation site. The Corps will work with NCDOT, State Property Office and the County to set up a list of restrictions to come with the piece of property. The Corps would approve any future use of the property based on those restrictions, not inconsistent with its use as a park. The Corps’ role should be very minor, but they would rather see the property used in a controlled manner than left in a non-controlled environment. The Corps will allow the removal of the sand for the mitigation project. NCDOT will start the road work soon and contractors will need the fill material for the road. Commissioner Caster asked how the lake was filled with water and if it would dry up during a prolonged drought. He also asked what restrictions would be imposed on the County. Mr. McClendon responded that the lake has been full of water since it was dredged and it is fed by ground water. The water level would fluctuate from year to year, but he could not guarantee that it would not dry up. He did not know what restrictions would be imposed, but the Board would know before accepting the property. Director Lewis spoke briefly on the improvements for the park. Fencing will be necessary for a portion of the perimeter of the property. However, developers of the residential development nearby may want some separation between the two uses. The Board will not be asked to officially NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 864 accept the property until the restrictions on the property and the costs to develop the park are known. Chairman Davis reiterated that moving forward with the request to the Council of State does not mean that the Board is accepting or will be obligated to any conditions or restrictions belonging to the property. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to direct staff to prepare the necessary letters for the County to acquire the lake property from the State. In discussion, Director Lewis stated that the State contractor, who will be removing the sand from the site, will need to build a road for accessing the property and he will want to protect his work site. The County may want to negotiate with the contractor for some of the park improvements as a part of the contract for removing the free sand. County Manager O’Neal pointed out that the information provided about the costs and improvements to the property was a rough estimate to give the Board an idea of anticipated expenses and it was not necessary at this time to commit to any improvements for the property. He stated that staff will inform the Board of any conversations or exchanges of documentation concerning the property. In further discussion, the Board was unwilling to make any commitment of taxpayers’ money for the park during these tight economic times, but they did agree that a letter could be sent to the State stating the County’s interest in the property. Mr. McClendon responded that the Corps of Engineers and NCDOT needed an official statement from the Board expressing the County’s interest in the property before they could proceed any further. Chairman Davis called for a vote on the motion to send a letter to the Council of State stating the County’s interest in obtaining the lake property. Upon vote, the MOTION CARRIED UNANIMOUSLY. Staff was directed to send a copy of the draft letter to each of the Commissioners for their approval before the Chairman was authorized to sign. BREAK Chairman Davis called a break from 8:45 P.M. until 8:55 P.M. CONSIDERATION OF APPROVING THE CORPS OF ENGINEERS’ CONDITIONAL PERMIT FOR THE MASON INLET RELOCATION PROJECT Chairman Davis announced that the consideration of the permit is not a public hearing item, but a time for the Commissioners to discuss and ask questions. Following the discussion, there will be a vote on whether to accept the Corps’ conditional permit. He turned the meeting over to Assistant County Manager Weaver for his presentation. Assistant County Manager Dave Weaver stated that the U. S. Corps of Engineers had issued a draft conditional permit for the Mason Inlet Relocation Project for the County to accept. The permit includes the following notable provisions: •Dredging will have to be completed prior to March 30, 2002, although it is very likely that the dredging can be extended to at least May 1. The date is earlier than anticipated, but still should allow for adequate time for completion of the project. •The County will be responsible for any shoaling of the Atlantic Intra-coastal Waterway (AIWW) that may occur as a result of the dredging that will re-open Mason Creek. However, the Corps will not require the County to annually contribute money for AIWW maintenance as originally proposed. They are willing to work with the County so that any NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 865 maintenance that needs to be done can be coordinated with County maintenance dredging of the inlet or with the possible maintenance dredging of the AIWW itself by the Corps. After the Draft Permit was prepared, meetings occurred between the Corps and several agencies involved. As a result of these meetings, federal agencies primarily U.S. Fish and Wildlife (USFW) have decided not to go through the “Q” approval process. This was because of two relatively minor modifications to the Draft Permit, which dealt with 1.) condition #16, covering the fact that the modification provides for the federal and state agencies and the Audubon Society to provide input into the development of a plan for shorebird and waterbird habitat management; and 2.) a new permit condition, #25, where the Corps is telling the County to take the survey data that is developed, and after 3 years, perform an analysis comparing how the intertidal habitat has changed due to the project. Assistant County Manager Weaver stated that the Final Permit from the Corps was faxed to Board members prior to the meeting, but the permit would officially be issued tomorrow. The Corps is asking the Board to approve and accept the conditions in the permit. The next step would be to work with the dredging contractor concerning costs, and it is hoped that the contractor will honor his previously quoted costs and that a contract will be brought back to the Board at its November 19, 2001 meeting. The State permitting process should be completed by December 1, 2001. The project should be completed within this year’s dredging window, which goes through the winter, assuming the permits are obtained as stated. If the contract is let in mid-November to the first part of December, then the County will issue a notice to proceed. The contractor will take up to 4 weeks to mobilize, but during that period pre-construction meetings will occur. A time schedule for these meetings will be set as required in Condition #16. Staff has been working closely with ATM, the consultant, in getting a master schedule together of all remaining tasks. Chairman Davis asked what would occur if the Board does not approve the conditional permit. Assistant County Manager Weaver responded that it depended on the details of the disapproval. If the Board categorically rejects the permit, the project would probably stop. The sandbags protecting Shell Island would have to be removed by the first of the year or shortly thereafter. Chairman Davis asked about the recent CRC decision concerning the sandbags at the condominiums in Kure Beach. Assistant County Manager Weaver responded that the CRC extended an existing variance for sandbags at the Riggings. Shell Island Resort has had their variance for sandbags extended and the Coastal Resource Commission has told them not to request another extension. Chairman Davis commented that he had several problems with the conditional permit, one of which was the County purchasing the remaining lots on Masonboro Island. He was concerned that even if the funding came from the State, some owners may not want to sell. If the County proceeded with condemnation of the property, some property owners may not have a clear title from past exchanges in title. Chairman Davis also expressed concern about giving a District Engineer the sole discretion over a 30 year period to say when the County should dredge the inlet. He reminded the Board that at a meeting in the Seahawk Room at UNCW over two years ago, the Board had discussed the dredging of Mason Creek. He remembered asking for specific costs of maintenance, but no one could give him any answers. Now the project has grown and the Board has had to deal with environmental and other concerns. He felt that a very simple and good project has grown horrendous with conditions the government has imposed. Also, there are conflicting reports as to what might happen to Shell Island Resort if the inlet is not relocated, and one report that says the inlet appears to be closing. Although he did not know the answer to the problem, he personally could not accept some of the conditions of the permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 866 Commissioner Caster responded that the answer to the problem was to move the inlet at the cost of the affected homeowners, not the State, local taxpayers, or the Federal government. The proposed plan will save the northern end of Wrightsville Beach, provide sand to Figure 8 Island, and improve water quality. Although this is a complex problem, other places, like in Florida, have inlet management programs. The project can be done, but, unfortunately, the Federal government has placed onerous requirements upon the County. The solution is not to have the inlet migrate south. Perhaps the building would not fall in, but it would be a Texas Tower, having no tax value to the County and no ability to generate Room Occupancy Tax. He reiterated that the project could and should be done. Vice-Chairman Greer reminded the Board that County taxpayers will not be paying for the project. The taxpayers of Shell Island came to the County saying that they were willing to pay for the work if the shoaling occurs. Although he did not like the conditions either, the affected property owners were willing to pay the total bill, whether it was for shoaling, additional land on Masonboro Island or monitoring of the piping plover. The people of Figure 8 and Wrightsville Beach have agreed to pay the fee, and as long as they are willing to pay, the County should not stand in the way. Commissioner Caster agreed saying at any point these people are not willing to pay, the project would stop at no cost to the taxpayers of the County. When Mason Inlet is dredged, the County will start the assessment of the property owners. County Attorney Copley advised that the statute states that the assessment is made against the homeowners when the dredging project is completed and the total costs of the project is known. If maintenance projects are needed later, the County would start over with a new assessment on the property owners. Commissioner Boseman asked if any Board during the next 30 years could decide not to assess the affected property owners and place the burden on all the taxpayers. County Attorney Copley replied that the County has notified the property owners that they will be assessed for the dredging project. However, another Board could decide not to make an assessment on maintenance projects. Commissioner Boseman commented that the Board does not know if the State will change the guidelines for the ROT money or in the assessment on property owners during the next 30 years. County Attorney Copley stated that the assessment regulations are very specific in the statute. When providing a special project for assessment, the ROT money must be available. Chairman Davis called for a motion from the Board. Vice-Chairman Greer commented that the Board did not really have a choice since the County has been working for 7 to 8 years to get to this point. He hated to think that the Board would turn back now. Discussion on the wording of the motion ensued. At the recommendation of Assistant County Manager Weaver, the following motion was made. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to accept and approve the Corps of Engineers permit with all the conditions contained therein for the Mason Inlet Relocation Project. Upon vote, the MOTION FAILED 2 to 3. Commissioner Boseman, Commissioner Pritchett, and Chairman Davis voted in opposition. Chairman Davis stated that the Board will need to discuss how to proceed from here. He mainly objected to some of the conditions of the permit, and he did not know if removing any of the conditions would be possible. Assistant County Manager Weaver requested the Board to list those conditions and he would NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 867 be glad to find out what course of action to take. Chairman Davis said that perhaps he, Commissioner Boseman, and Commissioner Pritchett should meet in groups of twos (in accordance to public meeting laws) to discuss their objections to the conditions. Vice-Chairman Greer stated that the Board needed to continue discussing the approval of the project and determine which conditions should be changed or removed. If the Board does not proceed, the taxpayers will lose. If the Board delays until the next meeting, the project would be delayed a crucial 30 days or more. He urged the Board to move forward with changing the conditions or rewording the motion. Commissioner Caster remarked that if the Board does not approve the permit, the project will be stopped. Negotiations have occurred with Fish and Wildlife and the Corps. If discussions continue for more negotiations, the County will be unable to meet the dredging windows because of the turtle nesting season, and besides the removal of the sandbags must occur after the first of the year. Assistant County Manager Weaver said that the State has made it clear that if the County does not have a permit in hand by the first of the year, the sandbags will have to be removed. The issues with Fish and Wildlife could be discussed, but he would be nervous about meeting the January 1 deadline. To discuss the shoaling issue with the Corps will result in a further delay. Ms. Karyn Erickson, consultant with ATM, stated that the requirement for the dredging of AIWW and provision of two settling basins were to prevent sedimentation from occurring. This project was designed to prevent shoaling from occurring. Regarding the previous discussion on ROT, she pointed out that the General Assembly would have to overturn the statute that allows for 50% of the R.O.T. to be used for beach nourishment. County Attorney Copley advised that the General Assembly would change the allocation only if the County requested the change. Over the years the allocation for beach renourishment and tourism was changed through local acts. Assistant County Manager Weaver reminded the Board that the County has spent about $900,000 on the project so far. Failure to go through with the project will mean that the money will permanently come out of the existing ROT fund for beach nourishment. Vice-Chairman Greer appealed earnestly to the members of the Board to not walk away from the project. Although two Commissioners were not on the Board when the process started, it was not prudent to throw away $900,000. The taxpayers will lose. He urged the Board to discuss the issues of concern and work to resolve the differences. Chairman Davis stated that he was not willing to discuss the conditions of the permit tonight. Ever since his very first vote to proceed with the project over two years ago, he has voted against the project because of unknown factors and costs to the County. Vice-Chairman Greer agreed he had not and respected that. He requested the Chairman not to let that get in the way of what is right and wrong for the taxpayers of New Hanover County. Some Board members may want to change some part that the Corps or Wildlife people would accept. If the Board does not move forward, the dredging window will pass. Commissioner Caster asked if the Board wanted Shell Island Resort to be abandoned and the County to lose revenue from property taxes, sales taxes, and ROT. It will be an embarrassment to the County and economically critical for the tourism industry if that should occur. He expressed his frustration with the process that has been so complicated when it is simply the right thing to do for the right reasons with the right people paying for the project. He empathized with people in the County who were facing loss of their property. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 868 Commissioner Pritchett apologized saying she had strong objections to a number of conditions in the permit. The $900,000 already expended could be easily increased with some of the provisions of the permit. She would prefer an independent opinion of a geologist and hydrologist on whether the inlet is closing and what would happen if it does close. She was unable to accept the bottom line for the citizens now and of future generations. She expressed her frustration with the County dealing with a problem that the State should be held responsible for because of an error that allowed Shell Island to be built in the first place. She felt that the State should be told that the Board will not accept responsibility of the State’s errors. Commissioner Caster replied that State Representative David Redwine and Danny McComas are working toward getting funding from the State for purchase of Masonboro Island. Ms. Erickson reported that an engineering analysis was done showing the results of the inlet migrating under the building. The calculations, using the exact depth of the pilings at 42 and 45 feet, show that 10 to 11 feet of the pilings will be in the ground holding a 10 story building in thirty-three feet of water. The building will not remain standing and will need to be dismantled at a cost over $4 million. ATM has been working on the computations and has added information over the past two years to determine the cost. Vice-Chairman Greer asked the Commissioners who they thought would have to pay the $4 million. The homeowners of Figure 8 Island, Shell Island, and Wrightsville Beach will not, but the taxpayers of the County will pay. To think that the American people and the citizens of New Hanover County cannot protect their property because of the government standing in their way is a travesty of our system. If these people are willing to pay, the County should be allowed to proceed with the project. Assistant County Manager Weaver responded to Commissioner Pritchett’s concern about the inlet closing. The inlet and Banks Channel are not a total natural system because of the waterway dredging, which has altered the flow. The effort to preserve a natural system will be very difficult. Also, closed waters become stagnate and will eventually affect water quality in the area if less flushing action occurs. A geological study can be performed, but there is not enough time to get a good study completed by the first of year when the permit is needed. Commissioner Pritchett responded that it will not matter because she objected to the terms of the Corps’ permit. CONSIDERATION OF WHEELS TO WORK PROGRAM FOR DONATION OF SELECTED SURPLUS VEHICLES Karen Vincent, Assistant Director of the Department of Social Services, spoke concerning the Board’s request for changes in the resolution to require Board approval of all vehicles designated for use in the Wheels to Work program. A list of the County’s surplus vehicles has been identified and presented for approval. Three of the eight vehicles on the list (#2, #3, and #4) were unsuitable and have been removed. The vehicles will help those for whom public transportation is not an option. Board approval is needed to move forward with implementing the program. She requested the Board to authorize the contributions of surplus County vehicles that are roadworthy. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt a resolution authorizing the donation of selected surplus vehicles to Engine Angels for distribution through the Wheels to Work Program and to approve the contribution of the five vehicles for the Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 11. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 9:09 P.M. to hold a meeting of the New Hanover County Water and Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 869 Chairman Davis reconvened to Regular Session at 9:13 P.M. PRESENTATION BY HEALTH DIRECTOR ON ANTI-TERRORISM ACTIVITIES Health Director David Rice spoke concerning public health response to bio-terrorism. He began by saying that vaccine preventable disease is second only to motor vehicle crashes in the number of deaths, so he recommended that everyone get a flu shot. Director Rice spoke on the importance of having a strong Board of Health. By State Statute, 7 of the 11 members of the Board must be professional in nature; 3 public at-large members and a County Commissioner. Professional members include a physician, a nurse, a veterinarian, a pharmacist, an optometrist, a dentist, and an engineer. In dealing with bio-terrorism, the County Health Department must draw on the expertise of these policy makers. If a bio-terrorism event was to occur, his first and foremost duty would be to contact the FBI, local public safety officials, and law enforcement partners immediately. The role of Public Health in Bio-Terrorism is to provide leadership through preparedness, recognizing threats and reducing the threats by educating the public on what steps to take if they come into contact with any letter or object suspected to contain bio-terrorism products. An excellent staff and access to state, local and federal resources are available to deal with recognizing illnesses. Communication with local law enforcement, medical providers and response teams is important. Public Health goals in bio-terrorism are early identification and treatment, prompt reporting, performing an epidemiologic investigation, educating the community, obtaining preventative medication if needed, developing and enforcing outbreak control measures, using isolation and quarantine authority if needed. In response to Commissioner Boseman’s concerns about smallpox exposure, Director Rice explained that the plan in place calls for state and federal resources to be involved in case of criminal intent. The first responders to an outbreak will be the health care workers at the Center for Disease Control (CDC), who have received smallpox vaccinations. As for the vaccine, approximately 15 million doses are available, and they are talking about diluting that 5 times to make it available nationwide. A debate at the national level on whether to vaccinate against smallpox because 1 out of 4,000 people might have an adverse reaction. In addition, anyone who is immune compromised, on chemotherapy, or pregnant would not be candidates for the vaccination. The CDC has a national pharmaceutical stockpile available for any part of the country within 7 hours of a situation with anthrax or smallpox. Epidemiological surveillance and investigations will be available through resources from the State. Through monitoring current trends, investigating unusual events, and determining the cause, the Health Department will establish preventative measures. There are 61 reportable conditions that are surveyed and monitored in communities and reported through the local Health Department to the State Health Department. They look for any unusual symptoms and patterns of illness, for widespread illness of undetermined cause. They also assimilate and analyze communicable disease reports, identify disease clusters, develop case definitions to increase surveillance in case of finding, and identify outbreaks by comparing to usual disease occurrences. Outbreak Control is initiated through post-prophylaxis treatment of antibiotics, vaccines, and the national pharmaceutical stockpile. The Health Department has authority to isolate and quarantine areas of concern, notify health care providers of any unusual clusters and trends that increases a heightened state of alert, notify the public of any outbreaks, and may activate emergency management plan with the State Health Department. A short list of biological agents of the highest concern are anthrax, plague, botulism, smallpox, inhalation tumeria, and hemorrhagic fever. These all have a high potential of becoming weapons due to their ease of dissemination or transmission, for their potential to create illness and death, as well as public panic and social disruption. Director Rice stated that the characteristics of “suspicious” mail or package are excessive postage, handwritten or poorly typed address, incorrect titles, misspelling of common words, presence of oily stains, discoloration or odor, no return address, excessive weight, a lopsided or NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 870 uneven envelope, protruding wires, aluminum foil, or excessive tape or strings on the packaging. These envelopes or packages should be placed in a secure location, hands and other body surfaces should be washed with soap and water, and 911 called to activate law enforcement. If body, clothing or environmental surfaces have been contaminated, they should insure that the police notify HAZMAT. Law Enforcement will contact the Health Department, and based on circumstances and/or laboratory findings, surveillance activities may be initiated. The risk of exposure is extremely low and all tests that have gone to the State Laboratory via the FBI have been negative. Currently, the State Public Health Laboratory will process and report the results in about 2-3 days. The County Health Department has been part of a pilot grant for the last year working with the State in public health preparedness. The bio-terrorism leadership team, consisting of Beth Jones, Susan O’Brian, Betty Creech, Diane Harvell, Linda Smith and Director Rice, meets every Tuesday morning at 8:00 A.M. to discuss internal policies and procedures. Also, weekly meetings with New Hanover Health Network are scheduled through March 2002. He has had several teleconferences with the NC Department of Health and Human Services and the Center for Disease Control. In October, he was placed on the Health Alert Network through CDC, thereby receiving their e-mail alerts. Additionally, the FEMA terrorism training course at Mount Weather at the end of January 2002, should further enhance the County’s preparedness. Director Rice stated that the Governor is asking for $13.6 million to fight terrorism by developing a statewide network of public health units and regional infrastructure to be used by the local Health Departments. Buncombe, Cumberland, Durham, Guilford, Mecklenburg, New Hanover and Pitt Counties are the seven sites being considered. It is hoped that regional offices of local Health Departments will be established to include a medical epidemiologist, administrative support, laboratory support and equipment, general supplies and equipment, including information technology equipment as needed. The local HAZMAT region includes Brunswick, Carteret, Columbus, Duplin, Jones, New Hanover, Onslow and Pender Counties. Director Rice announced that NHCTV and WECT-TV6 will present a live broadcast of a community forum on bio-terrorism called “Protecting the Homefront” between 6:30-8:00 P.M. on November 10, 2001. Dr. Art Constantini, Agent Tim Flynn of the FBI, Dr. Janelle Rhyne, Emergency Management Director Dan Summers, and Dr. Rice will be panel members and Dr. Bill Atkinson will be the moderator. The forum will be held in the Commissioners’s Assembly Room in the New Hanover County Courthouse, and the public is invited. Vice-Chairman Greer expressed appreciation to Dr. Rice and Ms. Jones for the fine work performance by the employees of the Health Department. He stated that New Hanover County is indeed fortunate to have such a high quality of professional employees, which is taken for granted until times like these. He thanked them for all they are doing in being prepared, and he hoped it would not be needed. Chairman Davis expressed his appreciation for all Dr. Rice and the Health Department do for the County. He also recognized that Vice-Chairman Greer is on the NACo committee dealing with terrorism and thanked him for his efforts. Commissioner Caster reported that the latest issue of County News tells about the NACo efforts on terrorism, and Vice-Chairman Greer was mentioned. He expressed appreciation for the cooperative manner between the Health Department, Emergency Management, and New Hanover Regional Medical Center in working together on this issue. In another matter, Commissioner Boseman asked about the possibility of flu shots being given at the Carolina Beach clinic. She had received a call from someone concerned about a nurse not being available to give shots. Health Director Rice responded that the clinic was scheduled to give flu shots at Carolina Beach on November 27, 2001. Communicable Disease Director Beth Jones reported that the Community Health Division was holding a health clinic once a month at Carolina Beach, but it was discontinued about a year and a half ago due to lack of participation. However, good participation occurs during the flu season. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 871 NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. Ms. Patricia Seaman, representing homeowners in Lambs Bluff, spoke asking the Board to reaffirm its decision of October 1 with regards to the Veterans Park Apartments. It was their understanding that the Board voted to permit Nathan Sanders to build 213 units on approximately 32 acres, which is a total buildable acreage on the north and south sides of Veterans Park Drive, with the balance of approximately 53 acres of the 85 acres being designated as open space. However, Mr. Sanders has presented a proposed plan of constructing all 213 units on the north side of Veterans Park Drive, using approximately 15 buildable acres. On the south side, he has not designated the 15.5 usable acres as open space to retain the density for the north side. Ms. Seaman reported that the TRC will review the proposal on Wednesday, November 7, 2001, but the Planning Department has not received the final proposed plan and maps, which were due on October 31. Planning Staff has refused to cancel the meeting, although this project is the only scheduled agenda item. She requested the meeting to be delayed to allow the neighbors adequate time to prepare a position statement to the TRC. She wanted the Board to be aware of this information and to have on record that the neighbors have made many attempts to acquire the information they need in order to prepare for the TRC meeting. ADDITIONAL ITEMS 1.County Manager O’Neal reported that the Solid Waste Advisory Board’s report on a proposed solid waste collection system for residents of the unincorporated area is scheduled for the Regular Meeting of November 19, 2001. He asked the Board if a work session prior to the meeting was necessary. The Board agreed to hear a 15 minute briefing during the staff meeting on November 15, 2001, since Commissioner Boseman and Chairman Davis were unable to attend a Work Session on that date. 2. Commissioner Caster reported that Congressman Mike McIntyre will be at the annual conference of the North Carolina Shore and Beach Preservation Association in New Bern, NC on November 14, 2001. He encouraged the Commissioners to attend the meeting. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Chairman Davis announced that the Board needed to convene to Closed Session pursuant to N.C.G.S. 143-318(a)(4) to instruct the public body’s Staff concerning the position to be taken by or on behalf of the public body in negotiating the acquisition of real property. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session pursuant to the statutes outlined by the Chairman. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 9:35 P.M. Motion: Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis reconvened to Regular Session at 9:45 P.M. He reported that the Board gave instructions to Staff concerning the terms of a proposed contract for the acquisition of real property. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, NOVEMBER 5, 2001PAGE 872 Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:46 P.M. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board