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2001-12-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 904 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3, 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 Clerk to the Board, Lucie F. Harrell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Carl Holiday, of Judah - The House of Praise, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis requested removal of Consent Agenda Item 6 to the Regular Agenda because he was related to several people who would be receiving tax releases, and he felt he should be recused from voting on this item. Commissioner Pritchett referenced Consent Agenda Item 13 and asked if the Wrightsville Beach renourishment plan would impact the Mason Inlet Relocation Project. Assistant County Manager Weaver responded that the Wrightsville Beach renourishment plan would not pass the Holiday Inn Sunspree Resort; therefore, the plan would not impact the Mason Inlet Relocation Project. Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Item 6 and 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 minutes of the Regular Meeting of November 5, 2001, as presented by the Deputy Clerk to the Board. Annual Review and Approval of Public Official Bonds The Commissioners reviewed and adopted resolutions approving public official bonds for the Finance Officer, Sheriff, Register of Deeds, 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 XXVII, Page 13. Acceptance of Bicycle Safety Mini-Grant from the N. C. Department of Transportation (NCDOT) to the Sheriff’s Department and Approval of Associated Budget Amendment #02- 0091 The Commissioners accepted a bicycle safety mini-grant from the NCDOT to the Sheriff’s Department in the amount of $2,000 and approved the associated budget amendment. The Sheriff’s Department will use the funds to purchase bicycle helmets. No county match is required. Budget Amendment #02-0091 - Sheriff-Uniform Patrol ADJUSTMENTDEBITCREDIT NCDOT Bicycle Safety Grant $2,000 Supplies $2,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 905 Explanation: To establish a budget for the mini-grant awarded to the Sheriff’s Department for the purchase of bicycle helmets. Authorization for New Hanover Transportation Services (NHTS) to Submit a Grant Application to the N. C. Department of Transportation (NCDOT) for FY 2002-2003 Funding The Commissioners authorized NHTS to submit a grant application in the amount of $425,000 to the Community Transportation Program Funding of the N. C. Department of Transportation for FY 2002-2003; adopted a resolution for use of the funds; and authorized the Chairman, County Manager, and County Attorney to execute the grant application certifications and assurances. The funding includes $209,000 in administrative assistance and $236,000 in capital assistance for replacement of six vans. Local matching funds are $55,750 which have been included in the NHTS budget request for the upcoming year. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 13. Acceptance of Additional Funding to the Department of Aging from the Home and Community Care Block Grant and Approval of Associated Budget Amendment #02-0089 The Commissioners accepted additional funding in the amount of $7,077 received by the Department of Aging from the Home and Community Block Grant and approved the associated budget amendment. Funds will be placed in the Home Delivered Meal Program salary line, and the local match of $786 is included in the existing budget. Budget Amendment #02-0089 - Aging ADJUSTMENTDEBITCREDIT Nutrition-CDBG$7,077 Temporary Salaries $7,077 Explanation: To increase the budget for additional funds awarded to the Department of Aging. Funds will be used to pay the salary for a temporary meal packer. Approval of Snows Cut Park Sub-Lease with the Town of Carolina Beach The Commissioners approved the Snows Cut Park sub-lease with the Town of Carolina Beach and authorized the Chairman to execute the necessary documents. When the County approved the new lease with the U. S. Army Corps of Engineers for the Snows Cut Park property, the County agreed to sub-lease the 9.13-acre tract on the southern shore of Snows Cut to the Town of Carolina Beach. The town will develop, maintain, and operate the property at its expense as a passive recreation area. The term of the lease will run concurrently with the 25-year lease with the Corps of Engineers. The site plan proposed by the Town of Carolina Beach for use of the acreage has been approved by the Corps of Engineers. A copy of the sub-lease is on file in the Legal Department. Adoption of Capital Project Ordinance for the Orthophoto Mapping Project, Adoption of Resolution Awarding Orthophoto Mapping Contract #02-0138 to the Aero-Dynamics Corporation, and Approval of Associated Budget Amendment #2002-21 The Commissioners adopted a Capital Project Ordinance for the Orthophoto Mapping Project in the amount of $281,390, adopted a resolution awarding the contract to the Aero-Dynamics Corporation of Charlotte, North Carolina, in an amount not to exceed $281,390; approved the associated budget amendment; and authorized the County Manager to direct and execute the contract documents. The orthophoto mapping project is necessary for the County to comply with the FCC Report and Order 94-102 PSAP requirements to enable New Hanover County to receive and utilize location data for 911. A request for the qualification package was developed by the County and reviewed NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 906 by the Administrator of the N. C. Wireless 911 Board. The County has received approval to utilize wireless 911 funds for the project. Budget Amendment #2002-21 - Orthophoto Capital Project/Wireless 911 Fund ADJUSTMENTDEBITCREDIT Orthophoto Project: Transfer in from Wireless 911 Fund $281,390 Extended Project Expense$281,390 Wireless 911 Fund: Appropriated Fund Balance $281,390 Transfer to Capital Project-Orthophoto$218,390 Explanation: To establish a budget for the Orthophoto Capital Project according to the Capital Project Ordinance. Copies of the Capital Project Ordinance and Resolution are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 13. A copy of the contract is on file in the Legal Department. Adoption of the Ordinance on the First Reading to Approve the 2002 N. C. Fire Prevention Code and Related Provisions as the New Hanover County Fire Prevention Code The Commissioners unanimously adopted an ordinance approving the 2002 N. C. Fire Prevention Code and related provisions as the New Hanover County Fire Prevention Code under Chapter 26, Section 26-33 and added Section 26-35 to allow the Fire Marshal to issue a citation penalty of $35.00 for parking in a designated fire lane. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 13. The ordinance will be codified into the New Hanover County Code. Authorization for the Sheriff’s Department to Submit a Grant Application to the Governor’s Crime Commission to Purchase Automatic External Defibrillators The Commissioners authorized the Sheriff’s Department to file a grant application in the amount of $46,053.75 to the Governor’s Crime Commission to purchase automatic external defibrillators. The required match of $15,351.25 will be paid from Federal Forfeited Property Funds. The County Manager and Finance Director were authorized to sign the grant application, accept the grant and approve the necessary budget amendment if the grant is awarded. Acceptance of Criminal Justice Partnership Continuation Grant and Approval of Associated Budget Amendment #02-0096 The Commissioners accepted a Criminal Justice Partnership grant award and approved the associated budget amendment in the amount of $141,515 to partially fund the Pretrial Release Program and the Day Sentencing Center. These programs are necessary to provide Judges with alternative sentencing measures. Budget Amendment #02-0096 - Criminal Justice Partnership Program ADJUSTMENTDEBITCREDIT Criminal Justice Partnership Program $141,515 Contracted Services$124,000 Telephone 1,015 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 907 (Budget Amendment #02-0096 continued) DEBIT CREDIT Travel and Training 500 Commissioners: Appropriated Fund Balance $ 16,000 Explanation: To budget the grant award received from the Criminal Justice Partnership Program. This will reduce the appropriation from the Fund Balance by $16,000. Adoption of Resolution in Support of Adding Roads in the Brewster Place Subdivision to the N. C. Highway System The Commissioners adopted a resolution in support of adding roads in the Brewster Place Subdivision to the State Road System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 13. Approval of 2002 Wrightsville Beach Renourishment Plan The Commissioners approved the 2002 Wrightsville Beach Renourishment Plan as recommended by the U. S. Army Corps of Engineers and approved by the Port, Waterway and Beach Commission. The Commissioners agreed to forward $112,000 from the Room Occupancy Tax Fund to the Corps by December 5, 2001 to avoid a delay in the bid award scheduled for December 6, 2001. The total cost of the renourishment project is $1,800,000 with funding broken down as follows: Federal Funds $1,170,000 State Funds 518,000 Room Occupancy Tax 112,000 Total$1,800,000 Approval of Budget Amendment #02-0093 - Hurricane Expense The Commissioners approved the following budget amendment: ADJUSTMENT DEBITCREDIT FEMA Revenues $15,000 Contracted Services$15,000 Explanation: To increase the budget for final anticipated revenue and expenses to close out FEMA projects. Approval of Budget Amendment #02-0094 - Health Department The Commissioners approved the following budget amendment: ADJUSTMENT DEBITCREDIT TATU (Teens Against Tobacco Use) Grant $350 Training & Travel $350 Explanation: To budget a mini-grant award from the Health Action Council of North Carolina. These funds will be used to support smoking prevention in New Hanover County Schools. Approval of Budget Amendment #02-0095 - Health Department The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 908 ADJUSTMENTDEBITCREDIT Robert Woods Johnson Youth Center$11,800 Contracted Services$ 9,000 Departmental Supplies 2,800 Explanation: To budget a Robert Woods Johnson Youth Center grant award. Funds will be used to assist with a media campaign and supplies for the Wilmington Health Access For Teens Youth Tobacco Prevention Program. Approval of Budget Amendment #2002-22 - Controlled Substance Tax - Sheriff’s Department The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Controlled Substance Tax$3,479 Extended Project Expense $3,479 Explanation: To increase the budget for additional revenue received on November 14, 2001. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #2002-25 - Federal Forfeited Property - Sheriff’s Department The Commissioners approved the following budget amendment: ADJUSTMENT DEBITCREDIT Federal Forfeited Property $3,559 Extended Project Expense $3,559 Explanation: To increase the budget for additional revenue received on October 24, 2001. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. APPROVAL OF CONSENT AGENDA ITEM 6 - RELEASE OF TAX VALUES Motion: After discussion of Chairman Davis asking to be recused from voting on this item because of being related to several people who will be receiving tax releases, Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to recuse Chairman Davis from voting on Consent Agenda Item 6. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Davis called for a motion to approve Consent Agenda Item 6. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the following release of values as recommended by the Tax Department. Upon vote, the MOTION CARRIED 4 TO 0. 1. Granted Senior Citizen/Disability Exclusions to the following persons. Applications and letters explaining the late filings are available upon request at the Tax Office. Gaskins, Gwendolyn J.$20,000 Lewis, Ruth Funderburk$20,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 909 2. Released late listing penalties for the following taxpayers because this was their first offense, or a death occurred in the family, or the taxpayer certified the listing had been mailed on time. Al Hart & Company$ 8.75 Corbett Farming Company$ 78.06 Corbett Package Company$1,078.61 Fenner, Inc.$1,858.51 Wilmington Trampoline, Inc.$ 4.73 3. Approved delinquent applications for exemption from property taxes for the following organizations. Applications and letters explaining late filings are available upon request at the Tax Office. Cornelia Nixon Davis Nursing HomeRO3700.002.109.000 Institute of Marine & Agricultural Research, Inc.RO5614.001.114.000 ELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS FOR THE ENSUING YEAR County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Pritchett nominated Commissioner Ted Davis, Jr. to serve as Chairman. The nomination was seconded by Commissioner Greer. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote. Vote: Upon vote, the Board unanimously elected Commissioner Ted Davis, Jr. to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board of County Commissioners. Commissioner Caster nominated Commissioner Robert G. Greer. The nomination was seconded by Commissioner Davis. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote. Vote: Upon vote, the Board unanimously elected Commissioner Robert G. Greer to serve as Vice- Chairman of the New Hanover County Board of Commissioners for the ensuing year. Chairman Davis expressed appreciation to the members of the Board for their confidence in him and stated that it was an honor to serve as Chairman for another year. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session to hold a meeting of the Water and Sewer District at 5:29 P.M. Chairman Davis reconvened to Regular Session at 5:36 P.M. PRESENTATION OF NEW HANOVER COUNTY UNITED WAY EMPLOYEE CAMPAIGN REPORT County Manager O’Neal reported that despite the recent economic downturn and the September 11 tragedies, the employees of New Hanover County set a new record in contributions to the United Way Campaign. He congratulated Museum Director Ruth Haas, as the United Way Loaned Employee, and DSS Human Services Planner Chris McNamme, Chairperson of the New NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 910 Hanover County United Way Campaign, for this outstanding achievement. Ms. McNamme advised that through a dedicated effort by a large number of County employees, this year’s contributions increased 5% over last year’s, which set a record contribution of $56,514.45. She expressed appreciation to County employees for caring enough about their community to help people in need during a weak economic period. She also expressed appreciation to Ms. Haas and Department Coordinators for the hard work and effort given to reach and surpass the County’s goal. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Haas and Ms. McNamme for conducting an exceptional campaign during difficult economic times, and he thanked the County employees for achieving a new record in contributions. A round of applause was given to Ms. Haas and Ms. McNamee. RENEWAL OF COAST LINE CONVENTION CENTER LEASE Mr. Bruce Shell, Director of Finance, reported that the Coast Line Convention Center currently leases space from the owner, and the County pays $50,000 of the lease per year. The current lease will expire April 30, 2002. The Coast Line Convention Center would like for the County to extend the lease for an additional three years with the option to renew the lease for another two years to secure the Convention Center through April 30, 2007 and still maintain the County’s support of $50,000 per year through 2007. The City Council approved a lease extension on October 2, 2001 for a period of three years with the expectation that the County would do the same. After a review of the lease, the County Manager and Staff recommend adopting a resolution to approve a three-year funding plan with a 5% reduction each year. The resolution also includes a non-appropriation clause for a review of funding on an annual basis. Chairman Davis asked if any member of the Board would like to comment. Hearing no questions or remarks, he called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a resolution extending the current lease and terms of the agreement with the Coast Line Convention Center for an additional three years from the current expiration date of April 30, 2002, to be funded as follows: $47,500 for the year ending April 30, 2003; $45,125 for the year ending April 30, 2004; and $42,870 for the year ending April 30, 2005, subject to a non-appropriation clause being included in the lease agreement. Discussion followed on the meaning of a non-appropriation clause. Finance Director Shell explained that the clause would be part of the lease agreement to provide the Board an opportunity to review the funding appropriation on an annual basis. Chairman Davis expressed concern for entering into contractual obligations that commit the County to a specific amount of funding to an agency because this type of contract increases the County’s debt and could result in a property tax increase. He suggested considering funding to all outside agencies during the annual budget process based upon the availability of County funds. Commissioner Caster pointed out that the motion on the floor decreases each year and contains a clause to allow the Board to consider funding for the Coast Line Convention Center on an annual basis. Hearing no further comments, Chairman Davis called for a vote on the motion. Upon vote, the MOTION CARRIED 3 to 2 as follows: Ayes:Vice-Chairman Greer Commissioner Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 911 Commissioner Pritchett Noes:Chairman Davis Commissioner Boseman A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 13. A copy of the lease agreement is on file in the Legal Department. CONSIDERATION OF REQUEST FROM DOWNTOWN AREA REVITALIZATION EFFORT, INC. (DARE)) FOR A LONG-TERM CONTRACT County Manager O’Neal advised that DARE, Inc. has requested the County to enter into a long-term contract for the provision of services as outlined in the letter from Mr. Mark A. Saulnier, President of DARE, Inc. After a review of the request, Staff recommends entering into a 5-year contract with DARE with a 5 percent reduction in funding beginning FY 2002-2003. At the end of 5 years, the County’s commitment should be re-evaluated. He noted that DARE, Inc. was an excellent organization and stated this agency is needed to drive the economic train for downtown Wilmington; however, funding DARE, Inc. is primarily a City function. The proposed reduction in funding over the next five years should allow DARE, Inc. and the City time to develop funding strategies. The Wilmington Film Commission and Wilmington Industrial Development have been mentioned as comparable organizations, but these are county-wide functions. The specific responsibility of DARE, Inc. is to promote development of downtown Wilmington; therefore, this is a City function. County Manager O’Neal advised that Ms. Susie Hamilton, Director of DARE, Inc., was available and would like to speak. Ms. Hamilton reported that DARE, Inc. was formed in 1977 as a public/private partnership between New Hanover County and the City of Wilmington to focus on developing the downtown area. DARE, Inc. is committed to continue promoting downtown Wilmington, implementing incentive programs to insure redevelopment, and recruiting new businesses while retaining existing businesses. DARE, Inc. has recently been involved in a partnership with Wilmington Industrial Development for recruitment of Castle Branch, Inc. headquarters into downtown Wilmington beginning February 2002. This company has 45 employees and will occupy 7,000 square feet of previously unused space in the downtown area. DARE, Inc. has also been instrumental in development of the Water Street Center and the Promenade, which replaced tax exempt properties. In closing, Ms. Hamilton requested the Board to approve a 5-year funding contract with DARE, Inc. at $19,000 per year as done for the Film Commission and Wilmington Industrial Development. After discussion of entering into a 5-year contractual funding agreement with DARE, Inc., Commissioner Pritchett stated that she would be more comfortable approving the request if a non- appropriation clause was written into the contract. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to enter into a 5- year contract with DARE, Inc. at $19,000 per year with a non-appropriation clause included in the contract. For the record, Chairman Davis stated that he fully supported the services provided by DARE, Inc., but could not vote to enter into a funding contract that will incur more debt for the County before starting the budget process. Vice-Chairman Greer stated as a matter of clarification, the motion to fund DARE, Inc. at NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 912 $19,000 per year will not increase the County’s debt since this agency has been funded $19,000 for a number of years. Chairman Davis explained that in previous years the Board had discretion to decide if funding should be appropriated to each outside agency during the budget process. Funding contracts with Wilmington Industrial Development and the Film Commission do obligate the County to fund these agencies according to the terms of the contract. Vice-Chairman Greer disagreed with the statement made by Chairman Davis and stated that the contracts with Wilmington Industrial Development and the Film Commission do have cancellation clauses. Chairman Davis responded that he did not believe a cancellation clause was included in either contract. After hearing no further discussion from members of the Board, Chairman Davis called for a vote on motion made by Vice-Chairman Greer. Upon vote, the MOTION to enter into a 5-year contract with DARE, Inc. at $19,000 per year inclusive of a non-appropriation clause CARRIED 4 to 1 as follows: Ayes:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Chairman Davis A copy of the contact is on file in the Legal Department. For the record, Commissioner Boseman noted that she voted in favor of funding DARE, Inc. because she felt it was important to continue to invest in the community’s economic growth to benefit future generations and meet future downturns in the economy. Mr. Roy Clifton, a downtown businessman, presented background information on the history and growth of downtown Wilmington since the Atlantic Coast Line Railroad moved its headquarters to Jacksonville, Florida. He stated at that time, the City and County leaders had the wisdom to invest $100,000 to send a public relations person north to recruit and encourage industries, such as General Electric, Corning, Dupont, etc., to locate in the Wilmington area. This move was the contributing factor to the major growth that has occurred in the community since that time, and the Commissioners must continue to invest in our future. BREAK Chairman Davis recessed the meeting for a break from 5:45 P.M. until 6:00 P.M. APPEAL TO A DECISION RENDERED BY THE TECHNICAL REVIEW (TRC) COMMITTEE OF THE PLANNING BOARD REGARDING CONNECTING COUNTRY PLACE ROAD TO WINDS RIDGE DRIVE Chairman Davis announced that in order to move forward with the appeal, he would allow 10 minutes for the Planning Director to make a presentation, 10 minutes for the appellants to speak, 10 minutes for the developer, and 5 minutes for rebuttal. He requested the Planning Director, Dexter Hayes, to begin the presentation. Planning Director Hayes presented a map showing the location of Winds Ridge Subdivision and noted this was a performance development that was submitted and approved by the Technical Review Committee (TRC) of the Planning Board on March 7, 2001. The plan consists of 60 lots with connections and access from Carolina Beach Road, Country Place Road, and a future NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 913 connection to Golden Road. In October, a revised plan for the same property was reviewed by the TRC and denied. This plan changed the 60 single-family lots originally approved to 56 attached dwellings. The Planning Board noted that the primary reason for the denial was the absence of a public road connection to Country Place Subdivision to facilitate alternative access to both developments. Following the denial, the applicant asked the TRC to reconsider the Winds Ridge Subdivision plan based upon additional information provided by the developer’s engineer concerning drainage, wetlands, and other issues related to sewer service. This information was presented to the TRC on November 7, 2001, and the TRC approved the modified plan with the provision to be included in the homeowners covenants to allow public access through the development via a connection to Country Place Road. The Planning Board felt that since the connector road was narrow with sharp 90 degree curves, there would be no incentive for cars to use this road as a cut-through from Myrtle Grove Road to Carolina Beach Road. Planning Director Hayes advised that residents living along Country Place Road were opposed to the street connection and have filed an appeal to the Board of County Commissioners to reverse the decision made by the TRC. He noted that the Wilmington-New Hanover County Land Use Plan encourages the use of connector streets to improve traffic flow and provide a secondary access for emergency vehicles. Planning Director Hayes informed the Board that Mr. Dick Thompson, the developer of Winds Ridge Subdivision, was present and would be glad to answer questions. Chairman Davis asked if the TRC took into consideration the increase of traffic to residents living in Country Place Subdivision if the two roads are connected. Planning Director Hayes responded that the driving force behind the decision made by the TRC was a secondary access for emergency vehicles to provide services to residents living in the Country Place Subdivision. Chairman Davis requested an explanation as to why letters were received from the Sheriff’s Department and Myrtle Grove Fire Station indicating that it was not necessary to require the proposed access road. Planning Director Hayes responded from a planning and emergency point of view, it is always better to have two accesses to a subdivision. Chairman Davis requested the appellants to present their appeal. Ms. Angela S. Waldorf, an attorney and resident of Country Place Subdivision, advised that Mr. Pat Mazzarone was passing out documents that were submitted to Lucie F. Harrell, Clerk to the Board, last Friday, plus some new documentation. She also presented a petition signed by 107 residents living in Country Place Subdivision and surrounding areas requesting the Board of County Commissioners to reverse the decision of the TRC. Chairman Davis requested Mr. Mazzarone to present the petition and complete packet of the information to the Clerk to the Board so this documentation could become a part of the record. The information packet was marked as Exhibit I by the Clerk to the Board. Ms. Waldorf advised that she was appearing before the Board of County Commissioners to appeal the TRC mandate to require the developer, Mr. Dick Thompson, to connect the proposed Winds Ridge Subdivision to Country Place Road. At the November 7, 2001, meeting of the TRC, it was evident that Mr. Thompson did not want to connect the two subdivisions. The residents have no objection to the development of Winds Ridge Subdivision, but they do object to connecting Winds Ridge Drive to Country Place Road. If these roads are connected, it will create a cut-through from Myrtle Grove Road to Carolina Beach Road. The members of the TRC stated at the meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 914 that the road could become a “race track” with people speeding between the two roads. None of the arguments from residents against connecting the two subdivisions were heard by the members of the TRC. After numerous requests to be heard, the TRC added approval of Winds Ridge Subdivision to its agenda after the meeting began and approved the development without giving an opportunity for the residents to speak. As noted in the last two pages of the transcript from the meeting of the TRC, a deliberate decision was made by the TRC to deny the residents an opportunity to participate. The TRC informed the residents that TRC meetings were not public meetings and if the residents had been given an opportunity to comment, the decision would have been the same. Ms. Waldorf concluded her presentation by saying that she hoped this matter could be amicably resolved by the Board of County Commissioners to preserve procedural issues of due process and possible violations of the North Carolina Open Meetings Law. She presented the following objections to be entered into the record: 1. Concern for the TRC insisting that Winds Ridge Drive and Country Place Road should be connected. There is no County ordinance requiring contiguous neighborhoods to be connected. 2. Concern for discussion regarding the specifications applicable to the construction and maintenance of Winds Ridge Drive. The New Hanover County Zoning Ordinance specifies that both public and private roads must be built to NCDOT standards. The TRC waived this requirement and specified that the connecting road would be a private road not built to NCDOT standards that would be designated for public use. After a review of State Law, there is no regulation referencing a private road dedicated for public use. This appears to be a designation that is not supported by North Carolina Law, and it is questionable whether it can be enforced. In concluding her portion of the presentation, Ms. Waldorf advised that Mr.Pat Mazzarone would address technical and safety issues regarding why the TRC decision should be reversed. Chairman Davis asked if any member of the Board would like to question or make any comments on the presentation by Ms. Waldorf. Hearing no questions or comments, Chairman Davis requested Mr. Mazzarone to continue the presentation. Mr. Mazzarone, speaking on behalf of residents of Country Place Subdivision, requested the Board of County Commissioners to reverse the decision of the TRC to require the connection of Country Place Road to Winds Ridge Drive based on the following concerns: 1.Safety: The proposed connector road does not meet NCDOT standards. The road as planned will be very narrow with continuous head-in parking on both sides of the road making it a dangerous cut-through street. With speeding on this street, it will be extremely dangerous for people in cars backing out of their driveways and for children playing and riding bicycles in both developments. 2. Environment: The connecting portion of this road will be built through designated wetlands. By requiring the developer to build the road, the TRC has ignored this environmental issue. 3. Unnecessary Connectivity: Golden Road, less than 800 feet south of Country Place Subdivision, is a through street from Myrtle Grove Road to a crossover at Carolina Beach Road. With a connecting road already in place, the new road connection is not needed to alleviate traffic or to improve access. When reading the transcript of the TRC meeting, it is clear that the TRC never considered the impact of the 1.3 acre commercial development site located at U.S. Highway 421 South. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 915 If the two subdivisions are connected, the residents will be subjected to commercial traffic on a marginal road. Also, the transcript does not indicate any discussion of advantages to connecting the two roads. In concluding the presentation, Mr. Mazzarone requested the County Commissioners to consider keeping Winds Ridge Drive as a private road with no through traffic to create a win-win situation for everyone. By allowing this road to remain private, Country Place Road will remain a safe dead-end street to be enjoyed by the residents living on the road, and the wetlands will not be disturbed. The developer will be happy, and the County will receive new tax revenue from the project. Mr. Michael Eaton, representing residents living on Country Place Road, advised that the main reason for wanting to keep this road closed to through traffic was safety. He stated that the residents were not worried about decreasing property values or opposed to the new subdivision, but they were concerned about the following issues: 1. Connecting the roads will increase traffic from the outside that will create speeding on a narrow road and bring crime into the neighborhood. 2. Connecting the two roads will not gain faster emergency service or a faster fire response as indicated by letters from the Myrtle Grove Volunteer Fire Department and Paramedic assigned to the Myrtle Grove Fire Station. The current route used to deliver fire and emergency services is from the Fire Station at Monkey Junction to Golden Road, to Myrtle Grove Road, and to Country Place Drive. This is a faster and safer route. 3. Connecting the two roads will increase traffic making it unsafe for children to ride their bikes, play with friends, or visit neighbors. 4. Connecting the two roads will make it unsafe for residents living in a State funded house for handicapped persons when using Country Place Road for exercise activities. In closing, Mr. Eaton requested the Board to rescind the decision of the TRC and keep Country Place Road safe and closed to through traffic. Chairman Davis asked if the developer, Mr. Dick Thompson, would like to comment. Mr. Thompson requested the Commissioners to determine if the connector road was needed. When originally discussing the plan to develop the site with the neighbors, he informed them that if they were opposed to the connector road, he would not build the road. When appearing before the TRC and Planning Board for approval of the project, he was told that the connector road would be required in order for the project to be approved. Mr. Thompson closed his remarks by saying that he would yield to the decision rendered by the Board of County Commissioners. Chairman Davis asked if any member of the Board would like to comment. Commissioner Caster advised that he did not feel the members of the TRC rendered a bad decision because they were considering the need for another access to insure a quick response for emergency vehicles delivering services; however, after hearing safety concerns from the residents and letters from the Myrtle Grove Fire Department showing the use of Golden Road as the best route for emergency vehicles, he feels the road is not necessary. He stated that if the Board reverses the decision of the TRC, it is important for all residents to understand that if a person dies because an emergency vehicle can not respond in a timely manner due to only one access, the residents will have made this choice. There being no further comments, Chairman Davis called for a motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 916 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to overturn the TRC requirement to connect Country Place Road to Winds Ridge Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Caster requested County Attorney Copley to check into whether TRC meetings are public meetings and report back to the Board. BREAK Chairman Davis called a break from 6:15 P.M. until 6:25 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY HOWARD CAPPS TO REZONE THE WESTERN PORTION OF A 2.23 ACRE PARCEL LOCATED AT 5700 NIXON LANE NORTH OF HOLLY SHELTER ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-731, 11/01) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes presented a map and slides of the 2.23 acre parcel and reported that the petitioner was requesting B-2 Highway Business rezoning for the western portion of a parcel located in the northeastern quadrant of the I-40 Holly Shelter Road Intersection. The subject property and surrounding area were originally zoned in July 1974. With the exception of a 200 foot wide strip of R-15 Residential on either side of Holly Shelter Road, the majority of the area is zoned I-1 Heavy Industrial. The larger R-15 Residential District adjacent to the north of the subject site was developed in 1981 to accommodate the relocation of several houses impacted by the construction of I-40. The existing B-2 Highway Business District was created in a series of rezonings in the late 80's and 90's in anticipation of the proposed I-40 interchange. Although the remaining R- 15 property was created to accommodate a transition of uses, it would be difficult to utilize the land for residential purposes because it is the lowest part of the site and contains wetlands. Since this is the lowest elevation, this portion of the site is likely to be utilized for storm water management. Unless the storm water system accommodates runoff from nearby residential uses, storm water management for commercial projects has to be located within the commercial district. At the Planning Board meeting, the petitioner presented the rezoning request and surrounding neighbors expressed concern about having a commercial district along their street. The Planning Board explained that the commercial district was already in existence and the petitioner was asking for a small expansion to the existing district. The Planning Board voted 5 to 1 to rezone the property from R-15 Residential to B-2 Highway Business as requested by the petitioner. Chairman Davis asked Planning Director Hayes why one member of the Planning Board voted in opposition to the rezoning. Planning Director Hayes responded that one member was concerned about the wetlands. Chairman Davis asked if the rezoning was consistent with the Land Use Plan, and if Staff felt the property should be rezoned. Planning Director Hayes responded that Staff felt the rezoning was consistent with the Land Use Plan and should be approved because the property is located at the I-40 interchange. Chairman Davis asked if the petitioner would like to speak. Mr. Howard Capps, representing owners of Holly Shelter Road I-40 LLC, reported that the property owner feels there is a need for more commercial uses in this growing area of the County. The property is already zoned B-2 Highway Business with the exception of 0.3 of an acre zoned R-15 Residential. The petitioner is requesting the rezoning of this small portion of the property to B-2 Highway Business to address storm water requirements with commercial development on the site. Chairman Davis asked if anyone from the public would like to speak in opposition to the rezoning. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 917 Mr. Willie J. Sidberry, Jr., a property owner on Nixon Lane, expressed concern for decreasing the value of a large tract of land owned by his family adjacent to the site if the B-2 zoning is approved. He also spoke on concern for the safety of children walking to the bus stop once traffic increases from the proposed commercial use. He presented a petition of 41 signatures from people in surrounding neighborhoods who would like for the property to remain residentially zoned to protect their safe and quiet community. Mr. Capps informed Mr. Sidberry that since a small tributary runs through the small piece of property being rezoned, it is considered a wetland, which means it would be highly unlikely that any type of structure could be placed on the site. He also explained that when residential property is adjacent to commercial property, there is a setback of 55 feet from the property line based on a building height of 20 feet. Mr. Sidberry again expressed concern for six children who walk down Nixon Lane to the bus stop. When this piece of property is commercially developed, traffic will increase and the safety of the children will be in jeopardy unless the Board of Education decides to allow a bus to pick up the children at the end of the cul-de-sac. After discussion of the need to protect the safety of the children, Vice-Chairman Greer suggested authorizing the Chairman to write a letter to the Board of Education once construction begins on the project. Hearing no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve rezoning the western portion of a 2.23 acre parcel located at 5700 Nixon Lane north of Holly Shelter Road from R-15 Residential to B-2 Highway Business as recommended by the Planning Board, and authorize the Chairman to write a letter to the Board of Education requesting consideration of routing a school bus down Nixon Lane to pick up the children once construction begins on the project. Upon vote, the MOTION CARRIED 4 TO 1 as follows: Ayes:Chairman Davis Vice-Chairman Greer Commissioner Caster Commissioner Pritchett Noes:Commissioner Boseman A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA N0. 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 17, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 30. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO SECTION 72 REGARDING SPECIAL USES AND SECTION 50.5 OF THE PERMITTED USE TABLE OF THE NEW HANOVER COUNTY ZONING ORDINANCE BY PERMITTING RESIDENTIAL USES BY SPECIAL USE PERMIT WITHIN COMMERCIAL ZONING DISTRICTS (A-312, 10/01) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes reported as a result of discussions regarding mixed use development at previous Planning Board meetings and TRC meetings, the proposed text amendment is being recommended by the Planning Board to amend the Table of Permitted Uses to permit Residential Uses within Commercial Zoning Districts by issuing a Special Use Permit. Staff has recommended several performance criteria to guide development and assure that the proposed use will be harmonious with the area and will meet the intent of the County’s policies for growth and development as outlined in Section 72. The following recommendations were presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 918 Residential Uses Within Commercial Districts: A dwelling unit or units may be permitted in the B-1 or B-2 Commercial Districts provided: (1) The dwelling units are part of a mixed use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. Such a development shall be in single ownership or unified control of a property owners association. (2) Uses within the development are restricted to residential and neighborhood businesses. (3) Uses should be at a neighborhood scale. (4) A conceptual elevation indicating the proposed architecture style shall be provided. (5) Sidewalks must be provided throughout the project. (6) Parking location and quantity should be shared. (7) Community facilities and/or Common area shall be provided. (8) A conceptual lighting plan must be provided. (9) Residential uses are permitted and encouraged in the same building as commercial uses. (10) Density can exceed 2.5 units per acre up to a maximum density of 8 units per acre in Resource Protection areas if the development is located inside the urban services boundary, provides a minimum of 25% pervious area, and is exceptionally designed. Exceptionally designed projects shall reduce runoff from impervious surfaces through porous paving and/or infiltration devices as well as managing runoff with at least one or more of the following water quality Best Management Practices: Bio-retention area, filter strip, sand filter, or grassed swales. Planning Director Hayes advised that the Planning Board voted 6 to 0 to approve the text amendment with the following changes: (1) Delete Criteria (3). (2) Modify Criteria (10) to read as follows: Density can exceed 2.5 units per acre in Resource Protection Areas if the development is located inside the urban services boundary, provides a minimum of 25% pervious area, and is exceptionally designed. Chairman Davis asked why the “up to a maximum density of 8 units per acre” was removed from Criteria 10 by the Planning Board. Planning Director Hayes responded that the Planning Board felt design characteristics should determine the density of the site. Staff felt that Criteria 3 and Criteria 10 should remain in the text amendment to provide more specificity to the compatibility of the neighborhood scale and attractively blend the commercial development with surrounding residential neighborhoods. Commissioner Caster advised that he did not have a problem with removing Criteria 3 because when trying to define uses at a neighborhood scale, each developer would have a different interpretation. If the builder and the buyer are satisfied, there is no need for this criteria. He also noted that he was not opposed to removing the “up to a maximum density of 8 units per acre” in Criteria 10 as recommended by the Planning Board. Commissioner Pritchett advised that she would be uncomfortable with removing Criteria 3 and modifying Criteria 10 as recommended by the Planning Board. Vice-Chairman Greer reminded the Board that placing too many restrictions in the approval process could become a problem because this is a new concept. He noted that the purpose of the text amendment was to integrate residential uses within commercial zoning districts by granting a Special Use Permit; therefore, flexibility is needed to allow the developer and neighborhoods to come up with an acceptable plan. Since the process requires a Special Use Permit, the County Commissioners will have an opportunity to deny or approve the concept subject to certain conditions. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 919 Chairman Davis asked if anyone from the public would like to comment on the text amendment. Hearing no comments, Chairman Davis requested direction from the Board. Motion: After referring to the recommendation submitted by the Planning Board, Chairman Davis MOVED to accept Criteria 1, 2, 4, 5, 6, 7, 8, 9, delete Criteria 3, and include the clause “up to a maximum density of 8 units per acre” in Criteria 10. Substitute Motion: After commenting on being in favor of mixed use, Commissioner Boseman MADE A SUBSTITUTE MOTION, SECONDED by Commissioner Caster, to approve the recommendation of the Planning Board which includes deleting Criteria 3 and removing the clause “up to a maximum density of 8 units per acre” in Criteria 10. Chairman Davis called for a SECOND to the original motion. Commissioner Pritchett SECONDED the original motion. Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the SUBSTITUTE MOTION to approve the recommendation of the Planning Board CARRIED 3 to 2 as follows: Ayes:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Noes:Chairman Davis Commissioner Pritchett 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 XXVII, Page 13. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO AMEND SECTION 20, SECTION 32, AND SECTION 50 OF THE NEW HANOVER COUNTY SUBDIVISION ORDINANCE AND SECTION 23-432 OF THE NEW HANOVER COUNTY STORM WATER REGULATIONS (A-313, 11/01) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes advised that the Planning Board recommended several changes to the New Hanover County Subdivision Ordinance to allow for the approval of construction plans prior to permitting and development. After a Public Hearing held on November 1, 2001, the Planning Board agreed to amend the Storm Water Management Ordinance to reflect new procedures for subdivision approval. Until recently, construction plans and profile drawings were only required for the sewer system. Other improvements such as private water systems and public roads were reviewed by non- county agencies. With adoption of the Storm Water Management Ordinance in September 2000, the County now requires drainage plans to be submitted and approved prior to receiving preliminary approval for subdivisions. Many of these improvements, such as drainage or private streets, become the responsibility of homeowner associations. It was felt that when the County allows construction it should be built in accordance with approved plans. The Planning Board voted unanimously to approve the following changes: Existing Ordinance: Section 50-2: Improvements shall be installed in accordance with requirements and standards set forth in this ordinance and other specifications and policies of New NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 920 Hanover County. The Planning Department, in conjunction with the County Engineer, shall review the improvements to verify general conformity to the approved preliminary plans. The developer shall inform the various County inspection officials as to the progress of field work so that timely inspections can be made. Revisions: Section 50-2 Improvements: Following approval of the preliminary plan, the sub-divider shall submit to the County Engineer and other appropriate State and local agencies design and construction plans for the installation of the improvements as required by the ordinance and other specifications and policies of New Hanover County. Add Section 50-3 to read as follows: Upon satisfactory completion of construction plans, the County Engineer shall issue an approval letter for the installation of the required improvements in accordance with the approved plans and the design standards specified in this ordinance. The Planning Department in conjunction with the appropriate agencies shall review and approve all required improvements prior to final plat approval. Add Section 50-4 Construction Procedures to read as follows: (1) Access: All public agencies shall have access to the premises and structures of a subdivision under this chapter during reasonable hours to make those inspections deemed necessary by them to ensure compliance with the provisions of this ordinance. (2) Inspection: The sub-divider and/or contractor, prior to commencing any work within the subdivision, shall notify those public agencies charged with the enforcement of the provisions of this ordinance to allow scheduling for adequate inspection of these improvements. Add to Section 20 - Definitions: 20-23: Plans, profile, and detail drawings sufficient to indicate the construction of all improvements associated with the property to be subdivided must be prepared by a professional who is legally recognized by a State of North Carolina Licensing Board as being licensed to perform such activities or undertakings. Revisions to Section 32 Preliminary Plan: 32-2(3): Construction plans, if included, shall be prepared by a professional who is legally recognized by a State of North Carolina Licensing Board as being licensed to perform such activities or undertakings. 32-3(3): Preparation of Construction Drawings: Upon approval of the preliminary plan, the sub- divider may proceed in accordance with the preliminary plan as approved and the requirements of the ordinance in the preparation of construction drawings: (a)Construction Plans and drawings shall be submitted and approved by the County Engineer or other agencies prior to the installation of any required improvements. (b) Subject to the provisions of the ordinance, no land-disturbing activity or tree removal may begin on any site until all construction permits have been issued. (c) Following the installation of the required improvements, the sub-divider may proceed in accordance with the preliminary plan as approved and the requirements of the ordinance in the preparation of a final plat. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 921 32-4: Building Permits Issuance: Subject to sewer availability, building permits may be issued after approval of Construction Plans. Article VII: Storm Water Management - Section 23-432: Applicability - Section (f): All projects subject to the provisions of this article shall require the issuance of an “Authorization-to-Construct” by the County before receiving approvals of construction plans for subdivisions, and building permits for non-subdivision projects. Chairman Davis asked if the Commissioners felt the text amendments should be approved by the Unified Development Ordinance (UDO) Committee before being approved by the Board of County Commissioners. Vice-Chairman Greer expressed concern for approving the recommended text amendments prior to approval by the UDO Committee. He noted that the Committee had been working for a number of years to develop a City/County Unified Development Ordinance; therefore, he felt the text amendments should be presented to the Committee before being approved by the Board of County Commissioners. Planning Director Hayes explained that the proposed text amendments were consistent with current City regulations; therefore, no changes would have to be made by the UDO Committee. He also noted that the reason for moving forward with the text amendments was because developers were concerned about the current management of storm water requirements in the County. The developers feel it is an added burden to require a developer to prepare costly engineering drainage plans and drawings prior to receiving preliminary approval of a project. Chairman Davis asked if anyone from the public would like to comment. Mr. C. Warren Wakeland, Director of Governmental Affairs & Public Relations of the Wilmington-Cape Fear Home Builders Association, advised that he had received calls from six developers who have problems with the proposed text amendments. He requested the Board to defer action on the amendments until the development community can meet to review and discuss the proposal. Mr. Frank Smith, a member of Planning Board, advised that the Planning Board and TRC felt it was necessary to adopt the proposed text amendments because the existing procedure is in reverse. Currently, the developer is required to present plans to the TRC, and frequently the TRC finds items that need to be changed which have already been installed by the developer. The proposed procedure will establish a more linear process to allow the TRC to see a preliminary plan and make adjustments before the developer spends money on engineering documents and begins construction. He requested the Board to approve the text amendments and then forward the documents to the UDO Committee for approval. Hearing no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: After discussion of the need to allow time for the UDO Committee and developers to review the text amendments, Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to table action on this item until January 7, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion followed on when the subdivision regulations in the Unified Development Ordinance would be presented to the Board for approval. Planning Director Hayes responded that all essential elements of the subdivision portion of the UDO Ordinance have been completed and should be presented to the Board of County Commissioners in February 2002. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 922 PUBLIC HEARING TO CONSIDER RENAMING OAKLAND DRIVE TO OLD OAKLAND DRIVE (SN-90, 12/01) Chairman Davis opened the Public Hearing. Planning Director Hayes presented a map of the area showing Oakland Drive and advised that this was a road name duplication; therefore, to satisfy Emergency 911 requirements, Staff recommends renaming the road to Old Oakland Drive. All residents living along the road have agreed to rename the road from Oakland Drive to Old Oakland Drive, and Emergency 911 has approved the road renaming. In accordance with the New Hanover County Address Grid System, assignment of new mailing addresses will be needed. Presently, addresses being utilized do not incorporate numerical flexibility between parcels which may pose a problem in the future for assigning additional addresses. If the road renaming is approved, the effective date of change will be March 4, 2002. Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett asked if the reassignment of house numbers was required by the 911 Center. Planning Director Hayes explained that when road names are changed, the house numbers are reassigned to comply with the New Hanover County Grid System. Chairman Davis asked if anyone from the public would like to comment. Mr. Tom W. Carver, Jr., representing residents living on Oakland Drive, informed the Board that the residents were not opposed to renaming the road, but they were opposed to reassignment of house numbers. He referenced the map presented by the Planning Director and explained that Oakland Drive runs down to the edge of the property line, which means that no houses can be built on the left-hand side of the road. The industrial property on the right-hand side of the road has its own access road; therefore, with only five houses on the Oakland Drive, the residents feel the existing house numbers should remain unchanged. Hearing no further comments, Chairman Davis closed the Public Hearing. After further discussion, Chairman Davis requested the Board to vote separately on the renaming of the road and reassignment of house numbers. Motion: Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to rename the road from Oakland Drive to Old Oakland Drive effective March 4, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: After discussion of the inconvenience caused by changing house numbers, Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, not to reassign street numbers on Old Oakland Drive. Planning Director Hayes urged the Board to approve reassigning house numbers because this is a critical component of the New Hanover County Grid System for the delivery of emergency services. The current numbering system is an organized, logical way to number residences, and the County has never departed from the existing system. Chairman Davis called for vote on the motion. Upon vote, the MOTION CARRIED 3 to 2 to allow the house numbers to remain unchanged: Ayes: Vice-Chairman Greer Commissioner Boseman Commissioner Pritchett NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 923 Noes:Chairman Davis Commissioner Caster A copy of the order changing the road name is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 13. PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID HUGGINS TO NAME TWO PRIVATE UNNAMED ROADS LOCATED NEAR THE WESTERN TERMINUS OF PRINCE GEORGE AVENUE IN CASTLE HAYNE TO SCHLEGEL DRIVE AND GLOD DRIVE (SN-91, 12/01) Chairman Davis opened the Public Hearing. Planning Director Hayes advised that a request was received from David Huggins to name two private roads in Castle Hayne in order to receive a proper street name and mailing addresses. Both roads consist of 18 foot rights-of-way and are unimproved. The private road to be named Schlegel Drive is approximately 1,104 feet in length, and the private road to be named Glod Drive is approximately 602 feet in length. Several residential homes exist on both roads with plans for one new home to be built. Both road name proposals have been approved by Emergency 911 and street mailing addresses will be assigned in accordance with the New Hanover County Address Grid System. With the enhanced 911 System, the Planning Staff recommends approval of naming both roads and assigning mailing addresses. Chairman Davis asked if anyone from the public would like to speak. Mr. David Huggins, the petitioner, advised that he chose both names based on the history of two residents that migrated from Holland to grow daffodils in the early 1900's. Hearing no further comments, Chairman Davis closed the Public Hearing. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt an order to name a private road approximately 1,104 feet in length near the western end of Prince George Avenue in Castle Hayne to Schlegal Drive and name the other private road approximately 602 feet in length to Glod Drive as requested by the petitioner, and to approve an order assigning mailing addresses pursuant to the New Hanover County Address Grid System. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the orders are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 13. BREAK Chairman Davis called a break from 7:55 P.M. until 8:15 P.M. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF AN UNNAMED ROAD (SC-77, 12/01) Planning Director Hayes advised that Teela Rivenbark had petitioned to close a 492 foot segment of an unnamed roadway located near Sea Shell Lane in the Porters Neck Community (Plat Book 21, Page 81). In accordance with NCGS 153A-214, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a Public Hearing. Planning Director Hayes presented a map of the unnamed road segment which abuts a 5-acre tract accessible to Edgewater Club Road and four other lots to the southwest that have double frontage on Ramblewood Drive. The County Engineering Department may require utility or drainage easements along the roadway and consideration should be given to future development and alternative access points before finally deciding to close this portion of the unnamed road. If the Resolution of Intent is adopted, a Public Hearing will be held on January 7, 2002. Commissioner Pritchett referred to the map and asked if this segment of the road currently NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 924 provides access to Lots 3 and 4. Planning Director Hayes responded that the road segment does not provide access to Lots 3 and 4; however, if future development occurs on Lot 7, another road configuration may be needed. Vice-Chairman Greer expressed concern for adopting a Resolution of Intent to close this segment of the road unless the Board was in favor of closing the road. He stated with continued development in this area of the County, the rights-of-way should be retained for utility or drainage easements. Planning Director Hayes agreed with Vice-Chairman Greer and explained that the unnamed road was platted approximately 50 to 60 years ago and has never been utilized. If the road is closed, the rights-of-way will revert back to the property owners. Motion: After discussion of the Resolution of Intent not binding the Board to close the road, Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a Resolution of Intent to hold a Public Hearing on January 7, 2002, to consider closing a segment of an unnamed roadway located near Sea Shell Lane in the Porters Neck Community. Upon vote, the MOTION CARRIED 3 to 2 as follows: Ayes:Chairman Davis Commissioner Caster Commissioner Pritchett Noes:Commissioner Boseman Vice-Chairman Greer A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 13. PRESENTATION OF 2002-2003 DRAFT BUDGET CALENDAR County Manager O’Neal presented a draft Budget Calendar for FY 2002-2003. He requested the Board to schedule a Budget Work Session on January 17, 2002 or January 24, 2002. Consensus: After discussion, it was the consensus of the Board to schedule a Budget Work Session on January 24, 2002, at 5:30 P.M. in Room 501 of the County Administration Building. County Manager O’Neal informed the Board that State forecasts for mandated human services programs are not good, and it appears that counties will be required to assume a larger percentage of funding for the next fiscal year. CONSIDERATION OF AWARDING A BID TO HALE CONSTRUCTION COMPANY FOR CONSTRUCTION OF A NEW FEDERAL POINT FIRE STATION Fire Services Administrator Donnie Hall reported that in May 1999, a project was developed to allow the New Hanover County Fire District to provide better services to its citizens by relocating the Federal Point Fire Station from Carolina Beach to a location north of Snows Cut off Carolina Beach Road. In August of 1999, the Board of County Commissioners approved the concept of selling the existing Federal Point Volunteer Fire Department building to Carolina Beach and using the proceeds from the sale to assist with funding a new location for the Federal Point Volunteer Fire Department. Costs for land acquisition and construction were then estimated at $950,000. During the land acquisition process, the Seabreeze Community Development group approached the Board of County Commissioners about the purchase of 21 acres of Freeman property to build a Federal Point Fire Station and develop a southern park and recreation facility; however, due to the cost and size of the parcel of land, this action did not occur. The Board of County Commissioners then decided to accept the concept of including a smaller community meeting/training room within the new Federal Point Fire Station. Provisions were added to the design to incorporate a meeting room, kitchen, and restroom facilities that changed the scope of the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 925 project from a fire department to a community based facility, providing more than one service to the community. This increased the cost of the project. Following the selection of the property by the Board of County Commissioners, the programming, environmental assessments, design work and permitting process continued. On September 17, 2001, Project Architect, Ken Newell, presented the site plan, design plan, floor plan, and cost of construction including a community meeting/training room element. During the presentation, the Board of County Commissioners authorized Staff to proceed with the bidding process for construction of the building. On November 8, 2001, bids were opened and the low bidder was Hale Construction Company with a total bid of $1,194,378 which did not include additional construction and land costs, furniture, fees and fixtures. Fire Services Administrator Hall presented a statement showing the original cost estimate of $950,000 and the current cost estimate of $1,766,901. He explained that the current cost estimate includes additional parking, a community meeting/training room, enlarged kitchen area, additional public restroom facilities, and extra storage. He stated if the Commissioners decide to eliminate the community meeting room to save money, a training room will still be needed to comply with the dual response agreement with the Town of Carolina Beach. In concluding the presentation, Fire Services Administrator Hall spoke on the advantages of having a community meeting/training room as an element of the Federal Point Fire Station and requested the Board to approve the project cost at $1,766,901. Commissioner Caster asked if the Fire Commission was in favor of the proposal presented by Fire Administrator Hall. Commissioner Pritchett, the Board’s representative on the Fire Commission, responded that the Commission was enthusiastic and supportive of the new Federal Point Fire Station as proposed. Chairman Davis asked if anyone from the public would like to speak. Mr. Michael Puritis, President of the Board of Directors of the Federal Point Volunteer Fire Department, spoke on this being an on-going project for 2 ½ years and stated that an agreement was signed with the Town of Carolina Beach for the building to be occupied last January. The County has been paying rent in the amount of $2,400 monthly to the Town of Carolina Beach to lease the existing building on Pleasure Island. The rental lease agreement will expire next month. He urged the Commissioners to move forward with the project to protect the morale of the firemen and allow the Federal Point Volunteer Fire Department to plan for future needs. Ms. Ruby Freeman, speaking on behalf of the Seabreeze Community Center group, expressed concern for not being informed about the possibility of reducing funding for the Seabreeze Community Center to be located in the new Federal Point Fire Station. She requested the Commissioners to move forward with the project as planned since the County had not provided any type of community meeting room to the Seabreeze area. Chairman Davis expressed appreciation to Ms. Freeman for her remarks. He stated in discussion of this topic on numerous occasions, no promise was ever made by the Board to provide a community meeting/training room to the Seabreeze Community. He requested other members of the Board to correct him if this statement was incorrect. Ms. Freeman disagreed and stated that residents of the Seabreeze Community will be disappointed if this promise is not fulfilled. A lengthy discussion was held on the additional cost of the community meeting/training room and other items. County Manager O’Neal informed the Board that the $225,000 for fixtures, fees, additional space, etc. could be paid from the General Fund instead of the Fire Service District Fund. Financing and accounting could be established for the project over a 20-year period at NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 926 $18,750 per year representing $.012 of a cent on the property tax rate. Commissioner Caster strongly objected to using the General Fund because people from the municipalities would be contributing to constructing a fire station that should be paid by revenue generated by the Fire Service District Tax. Vice-Chairman Greer expressed concern for an $800,000 increase in the construction cost and requested an explanation. County Manager O’Neal responded that he was to blame for the cost estimate not including the additional items and stated in the future all items would be included in the original estimate of a capital project. After hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Pritchett MOVED to award the bid to Hale Construction Company in the amount of $1,776,901, authorize the Chairman to execute the contract, and approve the associated budget amendment. Due to the LACK OF A SECOND, THE MOTION FAILED. Vice-Chairman Greer expressed concern for having to spend $225,000 to purchase furniture and equipment, etc. Project Manager Max Maxwell explained that the $225,000 covered the purchase of furniture, finishes and equipment comprised of desks, offices, chairs, computers, telephone equipment, a vent system for the garage, range equipment for the kitchen, tables and chairs for the meeting room, and extra outlets for computers and data. A major expense was the garage vent system at $55,000. Vice-Chairman Greer asked what happened to the furniture and equipment in the building sold to Carolina Beach. Fire Services Administrator Hall responded that all furnishings and equipment were sold with the building. Further discussion was held on reducing the cost of the building. Fire Services Administrator Hall advised that if the community meeting/training room was removed from the cost of the project, the public restrooms could be removed, the size of the kitchen could be reduced, and the square footage of the community meeting/training room could be reduced. This action would require redesigning the interior of the building to comply with ADA requirements, which will involve paying additional architect fees. Commissioner Caster requested the Board to allow him to SECOND THE MOTION by Commissioner Pritchett even though it had failed due to the lack of a second. The Board agreed to allow Commissioner Caster to SECOND THE MOTION, and Chairman Davis called for a vote on the following motion: Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to award the low bid to Hale Construction Company in the amount of $1,766,901, authorize the Chairman to execute the contract, and approve the associated budget amendment. Upon vote, the MOTION FAILED 2 to 3 as follows: Ayes:Commissioner Caster Commissioner Pritchett Noes:Chairman Davis Vice-Chairman Greer Commissioner Boseman NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 927 Motion: After commenting on the need to support the Seabreeze Community, Commissioner Boseman MOVED to award the bid to Hale Construction Company with the additional $225,000 for the community meeting/training room and associated equipment being paid from the General Fund. Commissioner Pritchett SECONDED THE MOTION. Substitute Motion: After expressing concern for spending too much money for the fire station, Vice- Chairman Greer MOVED to approve the project at a total cost not to exceed $1,566,901. Commissioner Pritchett asked Fire Services Administrator Hall if he could work with the reduced figure and still maintain the integrity of the building. Fire Services Administrator Hall responded that he could work with the proposed figure. Chairman Davis called for a second to the SUBSTITUTE MOTION. Commissioner Caster SECONDED THE SUBSTITUTE MOTION. Upon vote, the MOTION CARRIED 4 to 1 to approve the construction of the Federal Point Fire Station in an amount not to exceed $1,566,901: Ayes:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Chairman Davis For the record, Chairman Davis stated that he voted in opposition because of concern for the County incurring additional debt over the original cost estimate of $950,000 for the Federal Point Fire Station. County Manager O’Neal informed the Board that Staff would try to negotiate a lower price with the bidder to avoid having to rebid the project. CONSIDERATION OF FINAL STATE PERMIT FOR THE MASON INLET RELOCATION PROJECT Assistant County Manager Dave Weaver advised that the final permit from the State for the Mason Inlet Relocation project had been received. The conditions reflect significant modifications through cooperation from the State Division of Coastal Management. Staff is satisfied with the conditions that basically reflect many approved earlier by the federal government. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer to approve the final State Permit, accept the conditions in the permit, and authorize the Chairman to sign the permit. Upon vote, the MOTION CARRIED 4 to 1 as follows: Ayes:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Chairman Davis CONSIDERATION OF AWARDING CONTRACT TO KOESTER EQUIPMENT, INC. FOR DREDGING OF MASON INLET Project Manager Greg Thompson reported that the contract price for dredging Mason Inlet had increased by $186,515.57 due to adjustments from the subcontractors. The Mason Inlet Preservation Group has agreed to pay for the increased cost through assessments and Staff recommends award of the contract as presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 928 Chairman Davis requested Mr. Thompson to comment on the original bid. Project Manager Thompson explained that the contractor, Koester Equipment, Inc. had tried to honor the original price. Due to the time required for the permitting process, many of the subcontractors and suppliers that had committed materials to the Mason Inlet Project used these supplies for other projects because no definite time frame could be established. The majority of the increase involves materials, suppliers, surveying, labor, and trucking. Vice-Chairman Greer asked if the homeowner associations involved in the project were willing to accept the increased costs. Mr. Frank Pinkston, representing the Mason Inlet Preservation Group, advised that the homeowner associations were willing to accept the additional cost. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to award the contract to Koester Equipment, Inc. in the amount of $5,171,592.08 to perform the dredging work at Mason Inlet, approve the associated budget amendment, authorize the Chairman to execute the necessary contract documents, and authorize the County Manager to issue the Notice to Proceed. Chairman Davis referenced the correspondence just received from Attorney Neil Yarborough and requested the Board to read the letter since Mr. Yarborough has reservations about the validity of the assessment process and feels there is a potential for litigation. Commissioner Boseman spoke on wanting to be sure that no money from the General Fund would be used for the project, and she asked County Attorney Copley if a case is filed in court and the Judge rules that the property owners can not be assessed, will the cost of relocating Mason Inlet be paid from the beach renourishment portion of the Room Occupancy Tax Fund. County Attorney Copley responded that all costs would be appropriated from the Room Occupancy Tax Fund. Commissioner Boseman also noted that Mayors from the beach communities had endorsed the project and were aware of the risk to the beach renourishment fund. Chairman Davis called for a vote on the MOTION to award the contract to Koester Equipment, Inc. Upon vote, the MOTION CARRIED 4 to 1 as follows: Ayes:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Chairman Davis A copy of the contract is on file in the Legal Department. MEETING RECESSED TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Chairman Davisconvened from Regular Session to hold a meeting of the Water and Sewer District at 9:52 P.M. Chairman Davis reconvened to Regular Session at 10:10 P.M. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved for any one from the public to present an item. He requested all persons speaking to limit their remarks to three minutes. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 929 The following item was presented. Opposition to the Extension of the Wrightsville Beach Town Ordinance Prohibiting Dogs Off Leash on Shell Island Ms. Heather Pirtle, speaking on behalf of dog owners, expressed concern for approval of a permit and biological opinion recommending that human and dog access be restricted on the northern end of Wrightsville Beach. To comply to this condition of the permit, the County has requested the Town of Wrightsville Beach to extend its ordinance to leash/prohibit dogs from using this end of the beach to minimize environmental impacts. Many pet owners feel that some other arrangement should be found because this end of the beach has been used for years to allow pet owners to carry their dogs to exercise, socialize, and swim in the ocean off leash. Ms. Pirtle noted that it was her understanding that New Hanover County would construct a pathway with directional fencing on either side leading to the shoreline. The pet owners are proposing to keep the dogs on a leash while on the pathway until they reached a designated area near the shoreline. The leash and fencing would be a form of restriction that should satisfy the condition in the permit. In concluding her comments, Ms. Pirtle advised that 2,000 people have signed petitions regarding the use of this area for dogs and she requested the Board to consider the proposal. Commissioner Boseman requested Assistant County Manager Dave Weaver to comment on this issue. Assistant County Manager Weaver reported that numerous meetings have been held with the U.S. Fish and Wildlife Services as well as other State and Federal agencies about what could be done to mitigate environmental impacts at Shell Island. The U. S. Fish and Wildlife Services requested the County to limit human and pet access as a condition of the permit. Since no guidelines were received on how to address this condition, Staff contacted the Town of Wrightsville Beach to extend enforcement of its ordinance to this area of the beach. The U. S. Fish and Wildlife Services accepted the extension of the Wrightsville Beach ordinance as a satisfactory way to address the condition. He advised that Staff would be glad to contact the U. S. Fish and Wildlife Services and Corps of Engineers to discuss the possibility of modifying this condition; however, there was strong opposition by the U. S. Fish and Wildlife Services about allowing dogs to roam off leash at the northern end of the beach. Commissioner Pritchett advised that she did not mind Staff contacting these agencies if the Mason Inlet Relocation Project would not be delayed by trying to resolve this issue. Ms. Pirtle reported on dogs being allowed on the beach year around in Duck, N. C. northward and on Virginia Beach, Virginia during certain hours of the day. She requested the Board to see if this issue could be resolved. Mr. John Grant spoke on the issue of prohibition versus limitation and stated that the number of parking spaces at the northern end of Wrightsville Beach currently limit the number of people who carry their dogs to this area of the beach. Consensus: After discussion, it was the consensus of the Board for Ms. Pirtle to work with Assistant County Manager Weaver to see if this issue can be resolved. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Adoption of Resolution in Support of United States Senate Bill 1715 Entitled Bioterrorism Preparedness Act of 2001 Commissioner Boseman requested the Board to consider adopting a resolution of support for U. S. Senate Bill 1486 introduced by Senator Edwards to assist local governments to be prepared for an attack using biological or chemical weapons. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 930 Assistant County Manager Patricia Melvin reported that based on recent information received from Senator Edward’s office, SB 1715 (not Senate Bill 1486) is the bill that will be presented by Senator Tom Daschle and supported by Senator Edwards. She asked if the Board was interested in revising the resolution to support SB 1715. Motion: After further discussion, Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt a revised resolution in support of SB 1715 to be reviewed by the Board before being signed by the Chairman. 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 13. Discussion of Preparing Text Amendments to Modify the Appeal Process of Decisions Made by the Technical Review Committee (TRC) of the Planning Board Vice-Chairman Greer requested the Board to consider changing the current appeals process that allows appellants to come before the Board of County Commissioners when dissatisfied with decisions rendered by the TRC. He stated that the TRC was designed to review technical aspects of development projects; however, the existing ordinance does clearly define the responsibilities of TRC or who has the right to appeal and for what purpose. He suggested requesting Staff to amend the current ordinance. Planning Director Hayes explained that the subdivision approval process is the responsibility of the Board of County Commissioners. The Commissioners can delegate this responsibility to another planning group. New Hanover County chose to delegate this responsibility to the Planning Board. In the Rules of Procedure for the Planning Board, the TRC was established to review subdivision plans. This is an administrative committee created to expedite the Planning Board process. The Chairman of the Planning Board is responsible for approving subdivisions and he appoints the Chairman of the TRC. The TRC is comprised of members from the Planning Board with no set number. Once a decision is made by the TRC on a subdivision approval, this is a final decision unless it is appealed to the Board of County Commissioners. Historically, there have been only18 subdivision appeals within the last 20 to 25 years. During the subdivision approval process, most issues are worked out between the Planning Board and developer. Planning Director Hayes advised that County Attorney Copley has suggested drafting more specific language in the ordinance to clarify who has the right to appeal decisions made by the TRC. Vice-Chairman Greer expressed concern for ambiguous areas in the subdivision approval process. He stated if the TRC is responsible for dealing with technical aspects of the subdivision approval process and suddenly the Committee requires the developer to place a road connector at a certain point when there is no specific language in the ordinance requiring the road, the TRC has gone beyond the point of being a review committee. He again requested clarification of the duties and responsibilities of this committee. Planning Director Hayes explained that exceptions to existing rules and regulations will always occur during the review process because of the configuration of lots or one traffic pattern being better than another. This is the discretionary part of the site review process. After commenting on this being an extremely confusing issue, Commissioner Pritchett requested the Planning Staff to provide some guidelines on the subdivision approval process explaining who has the right to appeal and what items can be appealed. She also suggested calling a moratorium on future appeals until these definitions are clarified and placed into the ordinance. County Attorney Copley advised that language can be drafted to specifically determine who has the right of appeal. An aggrieved party must be a person with standing, such as a contiguous property owner; however, when a developer submits a site plan for review and abides by the decisions of the TRC, the developer feels that all requirements of the Zoning Ordinance have been met and no appeal should be heard. On the other hand, surrounding neighbors who are dissatisfied NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 931 with the decision of the TRC want the right to appeal to the Board of County Commissioners. Discussion followed on whether persons attending meetings of the TRC were provided an opportunity to speak. Planning Director Hayes explained that TRC meetings are not Public Hearings. They are administrative meetings with the Chairman making the decision on whether to receive public comments. Chairman Davis expressed concern for the Board not having adequate information on the last TRC appeal, and he requested the Planning Staff to provide sufficient information on future appeals. County Manager O’Neal offered to work with Staff to prepare guidelines that will clarify the appeals process and allow time for adequate information to be presented to the Board before hearing future appeals. Commissioner Pritchett asked if these guidelines could be received within 90 days. Planning Director Hayes responded that the guidelines could be prepared and presented to the Board within 90 days. Discussion of Funding for Legion Stadium Chairman Davis advised that he had been approached by Mayor David Jones and Council Member Frank Conlon about the Board of County Commissioners making a firm commitment to pay $250,000 each fiscal year for a period of 20 years to fund operations, maintenance, and debt service for Legion Stadium. The resolution adopted by the Board of County Commissioners on August 21, 2000 clearly states that the County will pay up to $250,000 per year for 20 years to pay one-half of the debt service. This $250,000 payment will replace the $150,000 paid for the past five years by the County to the City for capital improvements to Legion Stadium. Chairman Davis asked if the Board wanted to follow the resolution as adopted or consider the request by Mayor Jones and Council Member Conlon. Vice-Chairman Greer suggested following the resolution as adopted. Consensus: It was the consensus of the Board to abide by the resolution adopted by the Board of County Commissioners on August 21, 2000. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Chairman Davis called for a motion to convene from Regular Session to Closed Session to discuss a proposed contract for the acquisition of real property pursuant to NCGS 143-318-11(a)(4) Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session. Chairman Davis convened to closed Session at 10:20 P.M. Chairman Davis reconvened to Regular Session at 10:45 P.M. and reported that during the Closed Session, the Board discussed an offer from Cape Fear Development Corporation AME Zion Church for the County to purchase the Shaw Speaks Building to be used as a Juvenile Day Reporting Center. He requested a motion from the Board to accept the offer. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to enter into a buy and sell agreement with the Cape Fear Development Corporation AME Zion Church for the County to purchase the Shaw Speaks Building (Tax Parcel No. 5409-017-006-000 and Tax Parcel No. 5409-017-005-000 described in Deed Book 1281, Page 453, New Hanover County Registry) at an negotiated price not to exceed $650,000 contingent upon a satisfactory environmental assessment, approval by the Local Government Commission and appropriate bank financing. Upon vote, the MOTION CARRIED 4 to 1 as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, DECEMBER 3, 2001 PAGE 932 Ayes:Vice-Chairman Greer Commissioner Boseman Commissioner Caster Commissioner Pritchett Noes:Chairman Davis Chairman Davis stated, for the record, he voted in opposition because the County should not incur additional debt with funding shortfalls that will have to be addressed in the FY 2002-2003 budget. A copy of the agreement is on file in the Legal Department. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 10:58 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board