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1998-08-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 606 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 3, 1998, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time has been reserved for anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons to limit their comments to three minutes. Mr. William J. Hart, President of the Council of Neighborhoods Association, presented two resolutions adopted by the Association on April 23, 1998. The first resolution commended the Chamber of Commerce for taking the initiative to draw from all facets of the community to begin a process of achieving a shared vision for the future of the community, publish a report, and distribute the report for review and comment. The Chamber was urged to continue the work of the Community Growth Planning Team to further improve the planning process in the county. Mr. Hart urged the elected officials of New Hanover County and the City of Wilmington to support the concepts of the report so a comprehensive plan can be implemented in New Hanover County. The second resolution was a request for the Board of County Commissioners to televise Board meetings on Time Warner and Falcon Cable. Emphasis was placed on the need to inform the public about the activities of New Hanover County Government. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Hart for presenting the resolutions. APPROVAL OF CONSENT AGENDA Chairman Caster advised that Item 1, Approval of the July 13, 1998 minutes had been withdrawn by the Deputy Clerk. The minutes will be presented at the next meeting. County Manager O’Neal requested removal of Item 12 since the contract has not been finalized for the purchase of a computer system for Animal Control Services. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to remove Consent Agenda Items 1 and 12 as requested and to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution to Authorize a No Cost Transfer of Two Lots to the Wilmington AME Zion Housing Development Corporation The Commissioners adopted a resolution to authorize conveyance of two lots to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 607 the Wilmington Zion Housing Development Corporation for construction of single family owner- occupied residences as listed below: Parcel 048-13-018-002.000 618 North 7th StreetTax Value: $1,038 Parcel 048-17-008-008.000 907 Grace StreetTax Value: $1,000 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 27. Authorization to Waive Fire Inspection Fee for Foster Homes Sponsored by the Department of Social Services The Commissioners approved a request for the Fire Marshall’s Division to waive the fire inspection fee for homes sponsored by the Department of Social Services. Adoption of Schedules, Standards, and Rules for the 1999 Revaluation of New Hanover County The Commissioners adopted the final schedules, standards and rules for the 1999 general reappraisal of real property in New Hanover County. Copies of the schedules, standards and rules are on file in the Tax Department. Adoption of Use Value Schedules, Standards, and Rules for the 1999 General Reappraisal The Commissioners adopted the Use Value schedules, standards, and rules for the 1999 general reappraisal. Copies of the use value schedules, standards and rules are on file in the Tax Department. Adoption of Resolution to Award Contract #98-0331 to Kruger, Inc. for the Purchase of a Tertiary Filter for the New Hanover County Landfill - Environmental Management Department The Commissioners adopted a resolution to award a contract to Kruger, Inc. in the amount of $44,950 for the purchase of a tertiary filter. This firm was the only company that had a Toveko CS Model S-150 tertiary filter for the wastewater treatment processes at the New Hanover County Landfill. This was a sole source purchase as allowed under NCGS 143-129(f). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XXIV, Page 27. Authorization for Grant Application to be Submitted by the Community Boys and Girls Club to the Governor’s Crime Commission The Commissioners authorized the Community Boys and Girls Club to submit a grant application in the amount of $90,000 to the Governor’s Crime Commission. If the grant is approved, the County Manager has authorization to accept the grant and approve the related budget amendment. The grant funds will be used to expand the Carolina Children’s Initiatives into five additional New Hanover County elementary schools. The program provides an innovative violence prevention program for children in grades three through six. Also, there is a “Strong Families” component which seeks to develop parent skills in discipline, supervision, setting limits, and problem solving. The grant is for $90,000 with the Jordan Family Institute and the Boys and Girls Club providing an additional $15,000 each. No County funds are required. Approval of Payment Structure for Progressive Transportation Services, Inc., the Private Operator of the Human Services Transportation System and Approval of Budget Amendment #99-0014 The Commissioners approved a change in the payment structure for Progressive Transportation Services, Inc. to a cost-plus structure from the current per mile structure. The Commissioners also approved the associated budget amendment to increase the budget for NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 608 anticipated revenues from agencies participating in the transportation system. The County Manager was authorized to execute the necessary contract documents. This cost-plus structure will provide more cost-effective and efficient services since it will eliminate the concept of increased revenues to the operator based on increased mileage. The New Hanover Transportation Advisory Board recommended approval of the change in structure. Budget Amendment #99-0014 - Human Services Transportation DebitCredit Contributions from Participating Agencies $180,000 Contracted Services$180,000 Acceptance of N. C. Parks and Recreation Trust Fund Grant and Approval of Associated Budget Amendment #99-05 The Commissioners accepted a grant and approved the associated budget amendment in the amount of $250,000 from the N. C. Parks and Recreation Trust Fund to be used for Ogden Park. The grant period is for two years and the required match is $250,000 which is budgeted in the Parks Capital Project account. The Chairman was authorized to execute the grant documents. Budget Amendment #99-05 - Parks DebitCredit Parks Capital Project$250,000 N.C. Parks & Recreation Grant (Parks) Other Improvements$250,000 Purpose: To budget a grant awarded to Parks from the N. C. Parks & Recreation Trust Fund. Acceptance of “Communities That Care Grant” from the Governor’s Crime Commission The Commissioners accepted the “Communities That Care Grant” in the amount of $100,000 from the Governor’s Crime Commission. The County Manager was authorized to execute the grant documents. No county funds are required. The “Communities That Care Grant” funds will be used to implement a new project to formalize collaboration among existing delinquency prevention and family support programs. A coordinator will be hired to run the skill bank, spearhead outreach in the community, and facilitate an improved referral system among existing providers. The target population will be the un-served and under-served families and youth at risk in the in the county, including the clients of existing programs. Approval of Reclassifying the Assistant County Attorney Position Occupied by Kemp Burpeau to Deputy County Attorney The Commissioners approved reclassifying the Assistant County Attorney position occupied by Kemp Burpeau to Deputy County Attorney as recommended by the Human Resources Department. Adoption of Resolution to Request the N. C. Department of Transportation to Add Roads to the State Highway System The Commissioners adopted a resolution to request the N. C. Department of Transportation to add the following roads to the State Highway System: Shandy Lane Roads in Summer Glen Subdivision NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 609 Roads in Willowbrook Subdivision Roads in Emerald Forest Subdivision Roads in Emerald Chase Subdivision A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIV, Page 27. Approval of Budget Amendment #99-04 - Controlled Substance Tax Funds - Sheriff’s Department The Commissioners approved the following budget amendment: #99-04 - Sheriff’s Department DebitCredit Controlled Substance Tax Capital Project$2,673 Controlled Substance Tax Capital Project Expense $2,673 Purpose: To increase the budget for additional revenue received on July 7, 1998. 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 #99-0006 - Health Department The Commissioners approved the following budget amendment: #99-0006 - Project Assist - Health Department DebitCredit TB Grant$2,525 Temporary Salaries$1,800 Departmental Supplies 725 Purpose: To budget additional State funds for TB program. Approval of Budget Amendment #99-0007 - Health/Project Assist The Commissioners approved the following budget amendment: #99-0007 - Project Assist DebitCredit Project Assist$6,800 Postage$ 900 Printing 3,300 Departmental Supplies 2,600 Purpose: To budget additional funds for Project Assist. ADOPTION OF PROCLAMATION DESIGNATING AUGUST 4, 1998 AS “COAST GUARD DAY” IN NEW HANOVER COUNTY Coast Chairman Caster requested adoption of a proclamation designating August 4, 1998 as Guard Day in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt the proclamation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 610 Chairman Caster, on behalf of the Board, read and presented the Proclamation to Captain John Williams. Captain Williams expressed appreciation to the Board for the proclamation, and he thanked the community for the gracious manner in which the Coast Guard has been accepted. He advised that last week, Governor Hunt presented a proclamation to the Coast Guard proclaiming August 1-7, Coast Guard Appreciation Week 1998, as in the State of North Carolina. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 27. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 3, ANIMALS AND FOWL, SECTION 3-3 AND SECTION 3-23 OF THE NEW HANOVER COUNTY CODE Health Director, David Rice, reported on June 3, 1998, the Board of Health approved amending Chapter 3, Animals and Fowl, of the New Hanover County Code to change the language in Section 3-3 and Section 3-23 from a “criminal” to a “civil” nature. The current language was questioned by a local attorney during a civil case involving animal control. The attorney indicated the County was charging the client with a civil issue; however, the language used in the sections of the County Code was criminal in nature. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt an ordinance to amend Chapter 3, Section 3-3 and Section 3-23 as requested by the Board of Health. Upon vote, the MOTION CARRIED UNANIMOUSLY ON THE FIRST READING OF THE ORDINANCE. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 27. The ordinance will be codified into the New Hanover County Code. CONSIDERATION OF RESOLUTION TO CONSOLIDATE FIRE SERVICE AGENCIES INTO A SINGLE FIRE PROTECTION SYSTEM AND ESTABLISH AN INTERAGENCY COMMITTEE FOR IMPLEMENTATION Fire Services Administrator, Philip A. Kouwe, reported the final report from the Emergency Services Consulting Group studied various forms of organizational unification and recommended functional consolidation of all fire service agencies. The consultants noted that such an arrangement would differ from a full merger in that it offers a wide variety of efficiencies and advantages of a larger organization, improved planning and administration, and better utilization of resources and personnel while still allowing the various agencies to retain many aspects of their individual identify and autonomy. After study, the New Hanover County Fire Commission supported the concept of a more unified fire protection system and decided that functional consolidation was right for the New Hanover County Fire Service. This action will involve the formation of an Interagency Committee, which will include representatives of the fire departments and the New Hanover County Fire Department. The Committee will be charged with developing a specific implementation plan for functional consolidation. The plan will have to be adopted by the agencies and New Hanover County Board of Commissioners. In closing, Mr. Kouwe noted the Interagency Committee will ultimately determine whether functional consolidation can be made to work in New Hanover County. In order to be successful, the plan should accomplish an improvement in the fire system’s ability to deal with impending growth and change. He requested the Board to approve the proposed resolution which has already been adopted by several of the fire departments. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a resolution to move forward with functional consolidation of the various fire service agencies into a single fire protection system and establish an Interagency Committee for Implementation to be NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 611 charged with the creation of a plan to carry out the vision of consolidation. 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 XXIV, Page 27. AUTHORIZATION FOR THE SOUTHEASTERN CENTER TO PURCHASE TWELVE (12) ACRES OF LAND ON MEDICAL CENTER DRIVE Dr. Art Constantini, Director of the Southeastern Center, referenced a facilities space study performed by BMS Architects three years ago which revealed that a total of 80,000 square feet of office space would be needed by the year 2000. Currently, the Southeastern Center occupies 30,000 square feet in the building located on 17th Street and leases an additional 25,000 square feet. This means that all services provided by the Center are operated out of 55,000 square feet. With growth of the Center and new employees, there is a critical need for space. Consideration has been given to expanding the existing building on 17th Street, but this was not architecturally possible. The Southeastern Center submitted a bid on the BellSouth Building on Shipyard Boulevard, which would have satisfied the space needs. Unfortunately, it was not possible to negotiate an agreement without leasing the building back to BellSouth for ten years. The Hannaford Building on Market Street was considered; however, the cost of purchasing the building and making the necessary renovations totaled $8,000,000, which was too costly. Currently, the Southeastern Center has a total of $3,000,000 in the building fund. After searching for a suitable site, the Center has found 12.73 acres on Medical Center Drive and can purchase this acreage at a negotiated price of $2,697,000. The location of the property is ideal because of its proximity to the Medical Center, the Oaks, and the existing Southeastern Center facility located on 17th Street. Since funds are available, the Center would like to purchase the land. Pursuant to North Carolina General Statutes, the Southeastern Center must receive authorization from the Brunswick County Board of Commissioners, New Hanover County Board of Commissioners and Pender County Board of Commissioners before the Center can proceed with acquiring the property. The County Commissioners in Pender County and Brunswick County have approved the request. In closing, Dr. Constantini requested the Board to authorize the Southeastern Center to acquire the 12.73 acres on Medical Center Drive. Commissioner Birzenieks questioned whether the existing building would be used once the land is acquired. Dr. Constantini responded with 80,000 square feet of space, all programs administered by the Southeastern Center could be placed under one roof on the Medical Center Drive property. This would allow the Center to vacate the existing building once the entire construction project has been completed. Commissioner Birzenieks questioned whether the existing building could be deeded back to the Medical Center. Dr. Constantini responded the existing building was owned by New Hanover County; therefore, the Board of County Commissioners would make this decision. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to authorize the Southeastern Center to purchase 12.73 acres of land located on Medical Center Drive at a cost of $2,697,000 pursuant to NCGS 112C-147. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster expressed appreciation to Dr. Constantini for the excellent job performed in resolving the financial concerns of the Southeastern Center. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 612 APPROVAL FOR PRIVATIZATION OF CHILD SUPPORT SERVICES Chairman Caster advised that on July 13, 1998, the contract with Service Designs Associates (SDA) to privatize the Child Support Program at the Department of Social Services was presented to the Board. After discussion of the impact of this action on the Court System by Commissioner Davis and the concern expressed by two DSS employees, the Board voted 2 to 2. Since Vice- Chairman Greer was absent, the Board deferred action on the request until all five members were present. Chairman Caster requested a motion since each member of the Board was familiar with the request. Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to approve the contract with Service Designs Associates for operation of the Child Support Program in New Hanover County. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows: Voting Aye:Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Birzenieks Commissioner Davis DISCUSSION OF OBJECTIVES SUBMITTED BY THE MAYOR OF THE CITY OF WILMINGTON Chairman Caster reported on the list of program objectives that Mayor Hamilton E. Hicks, Jr. presented to the Wilmington City Council. He advised the following objectives involved New Hanover County: Combine City and County Planning: (1) Some segments of the two departments should be combined for overall efficiency and improved services to the citizens. The Planning Departments were once combined, and it is felt that discussion should begin at the staff level. Combine City and County Parks (not recreation at this time): (2) With the current Legion Stadium Commission discussion of future ownership of that facility, the City Council should consider combining the parks function to insure a more equitable tax cost. Legislation on Sharing of Telephone Communication Towers: (3) With two cellular services and one DCS service in the City, tower proliferation has increased. Due to restrictive powers to control tower construction, it is felt that legislation is needed to require future service providers to share existing towers. Chairman Caster requested direction from the Board. Vice-Chairman Greer noted that he did not have a problem with addressing these issues; however, he questioned whether the Commissioners should move in this direction until the water and sewer issue has been addressed. He stated he was prepared to review the objectives which does not mean the items will be approved. Chairman Caster reported that Legion Stadium could not be sold by the City of Wilmington to the Board of Education because of restrictions in a federal grant received by the City in the 70's. He advised that he had scheduled a meeting with Mayor Hicks and Mr. Lineberry to further discuss this matter. With plans by the Board of Education to construct a new stadium at Hoggard High School, this cost could be avoided if Legion Stadium could be transferred and/or purchased by New Hanover County for use by the schools. He stated the Commissioners will be informed about any future developments. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 613 Commissioner Birzenieks urged Chairman Caster to move forward with a transfer of Legion Stadium from the City to the County. Consensus: After discussion of the amount of time that will be involved in addressing the three objectives, the Board agreed to allow staff to begin the process of investigating these issues. CONSIDERATION OF OPTIONS FOR COURTHOUSE AND ADMINISTRATIVE SPACE NEEDS Mr. Bruce Bowman, representing BMS Architects, PC, commented on the possibility of purchasing the City Finance Building located at 138 North Fourth Street. He advised that acquisition of this building was another option to consider because critical space needs for the Court System could be met earlier. The following options were presented for the Board for consideration: Option 1: Construct a building at Third and Market Streets to house the following agencies: Expanded court facilities - 36,000 square feet County Administrative Offices - 44,000 square feet Parking for approximately 100 cars Relocate Juvenile Court and services to the EMS Building located at 216 North Second Street. Convert the existing Administration Building to house the following agencies: The Development Services Departments Redevelop the Annex site to on-grade parking with 50 spaces gained. Option 2: Construct an addition to the Courthouse - 36,000 square feet Purchase the City Building located at 138 North Fourth Street - 14,500 square feet Relocate Juvenile Services and the Guardian Ad Litem Program into the City Building. Construct a building at the Annex site to house the following agencies: County Administrative Offices - 4 stories - 36,000 square feet Parking structure to accommodate 175 cars Relocate Emergency Management (including the Emergency Operations Center), Community Service, and Fire Safety to the EMS Building. Convert the existing Administrative Building to house the Development Services departments. Option 3: Construct an addition to the Courthouse - 36,000 square feet Construct a building at a remote site to house the following agencies: County Development services - 2 stories - 35,000 square feet NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 614 Emergency Management On-grade parking for 150 cars Relocate Juvenile Court and services to the EMS Building located at 216 North Second Street. The following construction costs were presented: Option 1: Joint Development at Third and Market Streets Courthouse Addition$ 5,400,000 Courthouse Renovation 1,200,000 EMS Conversion 540,000 New Administrative Building 5,450,000 Parking Below Building 1,100,000 Administrative Building Renovations 850,000 Redevelopment of Annex Site to On-grade Parking 150,000 Total$14,690,000 Option 2: Development at Third and Market Streets in Conjunction With Development at Annex Site Courthouse Addition$ 5,400,000 Courthouse Renovation 1,200,000 EMS Conversion 300,000 New Administrative Building 4,416,900 Parking Deck 1,675,000 Administrative Building Renovations 850,000 Purchase of 138 North Fourth Street Building 750,000 Renovations to 138 North Fourth Street Building 165,000 Total$14,756,900 Option 3: Development at Third and Market Streets in Conjunction With Development at Remote Site Courthouse Addition$ 5,400,000 Courthouse Renovation 1,200,000 EMS Conversion 540,000 New Development Services Building 3,850,000 Land Cost (3 acres) 600,000 Site Development 200,000 Redevelopment of Annex site to On-grade Parking 150,000 Total$11,940,000 Deputy County Manager Atkinson informed the Board that many unknowns were involved with Option 2. Staff would have to negotiate with BellSouth to trade parking spaces for land as well as negotiate a firm price with the City of Wilmington for the 138 North Fourth Street Building. A time frame would have to be established for occupation of the City building. However, the advantage of this option is the ability to meet the critical needs of the Court System in a shorter time frame. Commissioner Davis asked if the architect favored one particular option. Mr. Bowman responded that Option 2 would be the best value for the needed space. Commissioner Birzenieks questioned whether the judges and other persons in the Courthouse had seen the options. Deputy County Manager Atkinson advised that a copy of the first version of the report NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 615 was made available to the courts so everyone could be aware of the plan and provide feed back to staff. Option 2, the plan to purchase the City Building, has not been forwarded to the courts; however, the only difference in Option 1 and Option 2 is that the County Administration Building will not be attached to the Courthouse. The Courthouse renovation will not be changed. County Manager O’Neal advised that Option 2 was the best plan because the City Building at 138 North Fourth Street was ideally located in proximity to the courts and minimal renovations would be required. He suggested authorizing staff to move forward with this option. Chairman Caster spoke on the difference of $2,816,900 between Option 2 and 3, and he reminded the Board that this difference in cost could be used to address other needs. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to instruct staff to proceed with developing Option 2 and report back to the Board as soon as possible. Vice-Chairman Greer recommended not deciding on an option until the County is sure the City is interested in selling the building. Chairman Caster called for a vote on the motion. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Birzenieks requested the Deputy County Manager to provide Judge Allen Cobb, Jr. with a copy of the revised space plan. BREAK Chairman Caster called a break from 7:40 p.m. until 7:50 p.m. PUBLIC HEARING TO RECEIVE COMMENTS ON THE VISION SOFTWARE ECONOMIC DEVELOPMENT PROJECT Planner Wanda Coston reported in 1995, New Hanover County submitted an application to the Small Cities Community Development Block Grant Program for Vision Software (a public safety computer company) to expand its facility. Vision Software received an economic development grant, of which a loan was made to Vision Software in the amount of $525,000, and New Hanover County received a grant in the amount of $225,000 for construction of sewer improvements. In exchange, Vision Software agreed to hire 65 new employees with 39 employees being low to moderate income persons. Vision Software exceeded this requirement. The company hired 88 employees with 59 employees meeting the low to moderate income criteria. In compliance with the Community Development Block Grant requirements, the County must conduct a Public Hearing to receive public comments concerning the County’s performance in administering the Vision Software economic development grant in order to close out the project. Chairman Caster opened the Public Hearing. He asked if anyone from the public would like to comment. No persons spoke. Chairman Caster closed the Public Hearing. Vice-Chairman Greer spoke on the success of the grant program and stated that in his opinion this was an example of how an economic grant had allowed the company to expand its facility and provide good jobs for low to moderate income persons. He complimented Ms. Coston for the excellent manner in which she had administered the program. PUBLIC HEARING TO CONSIDER RENAMING EAST RAMP ROAD TO “CONTROL TOWER DRIVE”AT THE WILMINGTON INTERNATIONAL AIRPORT Chairman Caster opened the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 616 Planning Director, Dexter Hayes, advised that the Wilmington International Airport has requested East Ramp Road be renamed to Control Tower Drive. This is a private road located on the eastern portion of the airport property that intersects with North Kerr Avenue. Control Tower Drive has been recognized and approved by E-911, and staff recommends approval of the proposed name change. The County will be responsible for placing new street signs along the road if the request is approved. Chairman Caster asked if anyone from the public would like to comment. No persons spoke. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt an order to rename East Ramp Road to Control Tower Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 27. PUBLIC HEARING TO CONSIDER A REQUEST BY RAIFORD TRASK, JR. TO REZONE APPROXIMATELY 85 ACRES ON THE EAST SIDE OF MILITARY CUTOFF ROAD SOUTH OF LUCIA POINT TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (CONTINUED ITEM Z-629, 6/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board could not reach a consensus after hearing lengthy comments from the public. The vote ended in a deadlock 3 to 3 vote. The members in support of the petition argued that long-term use of the property given current development trends favored some form of non-residential use. Those in opposition felt the site was too large for open-ended zoning and feared rezoning would open the door for similar zoning across the street on the Parker farm tract. The Planning Board asked the applicant if his client would be willing to consider conditional use zoning. The client declined because of added expense without any real assurance for approval. The applicant’s attorney argued that current development trends made the site unappealing for development under residential zoning. It was pointed out that State stormwater requirements and NCDOT policies for curb cuts would mollify concerns about run-off and traffic congestion. Several neighborhood associations spoke in opposition with the following concerns expressed to the Planning Board: (1)The rezoning would be inconsistent with the Land Use Plan (2)The tract of land is too large for open-ended zoning (3)The rezoning would undermine efforts to maintain Military Cut-Off Road as a scenic highway. (4)The applicant failed to demonstrate a compelling need to rezone the property. Over the years, changes and modifications have occurred to existing zoning along Military Cut-Off Road. These changes have been primarily extension of commercial nodes initially created at the intersection of Eastwood Road and Military Cut-Off Road. Past Planning Boards and Boards of County Commissioners have generally supported the idea of having commercial development at the Eastwood Road/Military Cut-Off Road intersection with the property in between remaining residential to provide a scenic corridor. Staff feels there are opportunities for development under the existing zoning and land use classification that apply to R-20 Residential developments that have been constructed in recent years, such as Lucia Point and Sea Spray Landing. The 85 acres being considered for an Office and Institution District would accommodate 212 dwellings under the R-15 Residential zoning NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 617 classification. The property is located in a resource protection area under the New Hanover County Land Use Plan which limits density development. Also, there is concern about the negative impact of impervious runoff from a large portion of the property that is located in the Howe Creek watershed. Howe Creek is classified as a SA(ORW) creek, which is the highest rated pristine creek in New Hanover County. Because of these concerns, staff recommends denial of the Office and Institution petition. Commissioner Davis inquired as to the impact on traffic if 212 dwellings were placed on the 85 acres. Planning Director Hayes responded the standard figure is nine trips per day per dwelling; therefore, it would be less than 2,000 trips added to the current traffic on Military Cut-Off Road. Vice-Chairman Greer noted that 212 dwellings would require streets and driveways with no required drainage ponds to control stormwater runoff. If the property is rezoned Office and Institution, retention ponds will be required. Based on these reasons, he asked Director Hayes if the property could be better served as Office and Institution in lieu of residential development. Planning Director Hayes responded that Office and Institution use could possibly be a better use if engineering techniques were implemented to treat the water to a certain quality; however, the primary difference is under residential development there is less stormwater to manage than under office and institution development. Commissioner Birzenieks requested Planning Director Hayes to explain to the public the uses permitted under R-15 Residential zoning. Planning Director Hayes advised the R-15 Residential classification allows for the property to be developed in two ways: (1) division of the property into 15,000 square feet lots; or (2) under the performance residential criteria which permits 2 ½ units per acre with a variation of designs, such as clustering, attached units, or patio homes, similar to the Sea Spray development on Military Cut- Off Road. Also additional uses can be granted by a Special Use Permit under the R-15 Residential classification, such as a library or the nursing home facility located in Landfall. Commissioner Birzenieks asked if mobile homes could be placed in a residential district. Planning Director Hayes advised that mobile homes are permitted in all areas of the County that are zoned R-15 Residential; however, mobile home parks require approval of a Special Use Permit. Commissioner Birzenieks asked if the petitioner could place a mobile home park on the subject property under the current residential zoning. Planning Director Hayes advised it would be possible for a mobile home park to be placed on the property if the Board of County Commissioners approved a plan and granted a Special Use Permit. He advised there are two mobile home parks on Military Cut-Off Road, one very close to the Trask property. Commissioner Birzenieks questioned the number of road cuts that would occur with residential development. Planning Director Hayes explained that street connections would have to be reviewed under the Subdivision approval process. Plans would have to be submitted for the division of the property which must be reviewed by the Planning Board. Because of concerns about traffic on Military Cut-Off Road and the planned widening of this corridor, the Planning Board would be diligent in minimizing the number of curb cuts along this road. Chairman Caster referenced the map provided in the agenda packet and requested an explanation of the dotted area. Planning Director Hayes advised the dotted area represents the 100 year floor plain, which follows the tributary of Howe Creek. The property is on the drainage line where the water begins to drain south. Dwelling units can be constructed in the flood plain in compliance with Conservation Overlay District requirements which can require additional setbacks. Development is not prohibited in the flood plain for residential or commercial development. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 618 Vice-Chairman Greer referenced the wetland area and asked if any type of structure could be built on wetlands. Planning Director Hayes explained that normally no building could occur in a wetland area; however, there are some exemptions if the developer is willing to mitigate environmental impacts through setbacks or other requirements. If the U. S. Corps of Engineers has delineated and identified wetlands on a parcel of land, no construction can occur in those areas. Commissioner Davis asked Planning Director Hayes if an Office and Institution zoning would allow the County to have more control on how the property would be developed. Planning Director Hayes responded that requirements for Office and Institution zoning were not as detailed as for residential development. For example, if the parcel was rezoned to Office and Institution and the owner sold the 85 acres, the new owner could satisfy permitting requirements and begin a construction project without appearing before any board. No site plan or review would be required unless the Office and Institution zoning was granted as a conditional use. When developing a residential subdivision, the County has more control through regulations governing drainage, access, and other setbacks requirements. A major concern of rezoning the 85 acre parcel to Office and Institution is the size of the tract with open ended zoning. Another concern is what will happen when property owners on the other side of Military Cut-Off Road apply for commercial uses. In the past, the Planning Staff has been able to discourage petitioners when applying for commercial uses because the County had a policy in place to allow the corridor to remain residentially zoned. Approval of the Office and Institution zoning will open the door to other commercial uses. Commissioner Davis asked if a Conditional Office and Institution zoning would provide more control on development of the site. Planning Director Hayes responded Conditional Office and Institution zoning would provide the necessary control of the Office and Institution use. Discussion was held with the petitioner about conditional use, which would entail design and engineering costs for the preparation of a site plan. Since the petitioner plans to sell the property, this was not considered a favorable option. Chairman Caster asked if the petitioner would like to comment. Mr. George Rountree III, the attorney representing the petitioner, Raiford Trask, Jr., noted that he would like to respond to some of the remarks made by the Planning Director, and he presented the following concerns: (1)The statement regarding the development of 85 acres without having to comply with drainage requirements of the Division of Environmental Management, Department of Environment, Health, and Natural Resources appears to be inaccurate. It is assumed that the intent of this statement by the Planning Director was to imply that New Hanover County does not have as much control under Office and Institution zoning. It would be inaccurate to imply that all State drainage and environmental regulations do not have to be met under Office and Institution zoning. (2)With reference to curb cuts, the property owner can develop the property in increments of three lots with each lot requiring a curb cut to access Military Cut-Off Road. Neither the Technical Review Committee or the N. C. Department of Transportation would have any basis to deny development of property in increments of this size. If the property is rezoned Office and Institution, State regulations require curb cuts to be no shorter than 400 feet apart. Residential development along this corridor could result in 16 or 17 curb cuts if developed in small increments. Under Office and Institution zoning, the curb cuts would be considerably less. (3)The suggestion of a Conditional Use Office and Institution District would cost the developer $150,000 to prepare a site plan with no assurance the Special Use Permit would be approved by the Board of County Commissioners. Since the special use process is a NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 619 quasi-judicial hearing, no dialogue can occur before the meeting about what might or might not be acceptable. This would place the risk of the property owner losing this sum of money if the plan was not accepted. (4)A primary issue is whether there is a sufficient amount of land zoned for Office and Institution uses. The following statistics were presented: ? 2/10th of one percent of the total land area in New Hanover County is zoned for Office and Institution uses. ? 2 percent of the total land area in New Hanover County is zoned for business uses. ? 22.1 percent of the total land area in New Hanover County is zoned for industrial uses. ? 75.8 percent of the total land area in New Hanover County is zoned for residential use. New Hanover County is not a bedroom community. There are 170,000 residents who work, raise and educate children that need business opportunities. These people also need accountants, lawyers, insurance companies, beauty salons, and banks to service their needs. In closing, Attorney Rountree spoke on the figures presented and expressed concern for the lack of Office and Institution use in New Hanover County. He advised the proposed zoning was an opportunity for the County to afford a rapidly growing area sufficient Office and Institution coverage. He respectfully requested the Board to approve the rezoning as petitioned. Chairman Caster asked if anyone from the public would like to comment. The following persons spoke: Mr. William N. Hart, President of the Council of Neighborhoods Association, urged the Board to deny the application to rezone approximately 85 acres on the east side of Military Cut-Off Road and south of Lucia Point to O-I Office and Institution from R-15 Residential. The position of the Council of Neighborhoods Association, Inc. (CONA) was made known to the New Hanover County Planning Board through a letter to the Chairman dated June 4, 1998 and a personal appearance at the Planning Board meeting on July 2, 1998. The Planning Board reached a 3 to 3 tie vote on the motion to deny the rezoning request. Mr. Hart advised that CONA had been interested in land uses associated with Military Cut-Off Road for a number of years; however, he had a personal interest in the area as expressed to the Board of County Commissioners when the Swain application was approved which allowed commercial development northward of the Military Cut-Off/Eastwood Road intersection. In accordance with policies adopted in the 1993 Land Use Plan, this corridor was designated as a Scenic Highway Overlay District, a Resource Protection area, and limited commercial development to the intersection of major arterial highways. Approving a request of this type will not be upholding the polices adopted in the Land Use Plan. On the basis of the stated policy in the Land Use Plan, CONA petitioned the N. C. Secretary of Transportation to reconsider planning for the corridor. A meeting was held on June 11, 1998 to discuss widening the road to provide space for natural vegetation, plantings, bicycle trails and other uses. If commercial creep continues, there will be no purpose in continuing to plan for these uses in a Scenic Highway Overlay District. This is a Resource Protection area because of the nature of the hydrology of large pocosins that provide water to both Howe Creek and Bradley Creek. The direction of drainage from a pocosin is difficult to determine as reported in the recent Page’s Creek Watershed study prepared by Mr. Dan Dawson. Water stands in fields and pastures across the road from the 85 acres after a moderate rainfall. The soil in the area plays an important role in maintaining the renewable resources of the estuaries downstream. Mr. Hart stated in order to limit commercial development north and protect the quality NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 620 of water in Howe Creek and Bradley Creek, the rezoning should be denied. Commissioner Davis asked if CONA would be content with construction of 212 new dwellings in the area. Mr. Hart responded that any type of development should be required to consider the natural conditions of an area. Under residential development, the natural resources of an area can be better protected. Commissioner Davis asked if CONA would be more comfortable with Conditional Office and Institution zoning. Mr. Hart responded CONA would be in favor of increased site review; however, the question to answer is how far the Board of County Commissioners will allow commercial development to continue north on Military Cut-Off Road. Commissioner Birzenieks inquired as to the position of CONA when property was recently rezoned for Landfall Village which permitted an assisted living facility to be placed adjacent to the site. He commented on the number of trucks and vehicles that will be accessing the facility to deliver services, and he asked why CONA did not take a stand opposing the Office and Institution rezoning. Mr. Hart advised that CONA was not aware of the rezoning; however, if the membership had been informed, CONA would have reviewed the request and taken a position on the rezoning. Vice-Chairman Greer said he thought that all parties involved were interested in the correct use of the 85 acres and he explained the property was in the Special Highway Overlay District which is defined as follows in the New Hanover County Zoning Ordinance: The purpose of the Special Highway Overlay District is to protect the natural beauty and scenic vista that exist along interstate highways and other specifically designated roadways that serve as major access ways and gateways into New Hanover County. Protection of these roadways is important and necessary to maintain and preserve the County’s undisturbed roadsides that are characterized by the natural woodlands and open spaces. The continued protection of these scenic highways is also a valuable asset to the County’s tourism economy and enhances the attractiveness of the area portrayed. Vice-Chairman Greer advised that most people would prefer for the property to remain undeveloped. This would be ideal, but this is not realistic. The property will be developed, and it is the responsibility of the Board of County Commissioners to decide the best use of the property. He stressed the importance of everyone understanding that restrictions do already exist on the property. Ms. Hart, again, expressed concern for not knowing the type of development that will occur on the 85 acres of land. Vice-Chairman Greer commented on remarks by Commissioner Birzenieks and he stated a portion to the northeast section of the property was granted a Special Use Permit in March 1998 to construct nursing and personal care facilities, including assisted living care and ancillary uses. When considering the Special Use Permit, there was no opposition present and the use was approved by the Board of County Commissioners. With commercial uses adjacent to the 85 acres on two sides, the Commissioners will have to decide what is fair to the property owner as well as the best use for the property. Chairman Caster spoke on the recent purchase of the Hannaford Building for location of the Northeast Branch Library. A condition of the purchase was that the Northeast Library Committee would raise $1,000,000 from the private sector to contribute toward renovation of the Hannaford Building, and the library site owned by the County further north on Military Cut-Off Road would be sold for $500,000 as a contribution to the renovation project. It appears the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 621 County owned site will not sell for $500,000 until the property is rezoned from R-15 Residential. He asked Mr. Hart how he would feel about this site being rezoned? Mr. Hart responded the Hannaford Building was a better location for the branch library because the site owned by the County is wetland and should not be considered for any type of commercial use. Mr. Lawrence Fried, President of the Pepper Tree Homeowners Association, reported on the recent residential development that has occurred on Military Cut-Off Road. Property along this portion of the corridor is suitable for residential use and development. There is a new 53 lot subdivision, known as Lucia Point, that has homes valued in excess of $240,000. Also, on the west side of the corridor, Dallas Harris is constructing 109 homes known as Sea Spray Landing. When this subdivision was first advertised a year ago, the starting price for a new home was $135,900. As of last week, the starting price is $175,900. It is obvious that developers are not having difficulty selling residential property along Military Cut-Off Road. As a new purchaser of property in Pepper Tree Subdivision, a major consideration was given to the zoning in surrounding neighborhoods. After checking into zoning records, it appeared this area had been residentially zoned for years and there was no reason to believe this would change with new residential construction. Rezoning 85 acres to Office and Institution in a undeveloped residential area will greatly impact the present homeowners. The Pepper Tree Homeowners Association strongly supports the County policy of maintaining strip commercial development at major traffic nodes. Also, there is an effort by the City and County, as well as by numerous volunteers, to update the Land Use Plan Update for 1998. Rezoning property in a residential area would not be in compliance with the policies of the Land Use Plan. If the property is rezoned Office and Institution, the County will lose control of its use, particularly without a site plan. In closing, Mr. Fried urged the Board to deny the rezoning request to protect the residential developments and natural resources along the Military Cut-Off Road. Vice-Chairman Greer asked if anyone was present from Lucia Point, and the following person stepped forward. Mr. Ron Ramsey, a resident of 652 Caicos Court, informed the Board that he was a new resident who purchased his home two months ago. He spoke on the importance of managing drainage and he recommended allowing the property to remain residentially zoned because of the impervious runoff from commercial development of 85 acres. He said with no knowledge of New Hanover County regulations, he could not speak on current policies. Mr. Bob Mayo, a resident of Timber Creek, reported after discussion with several people from Lucia Point, the residents were opposed to unconditional office and institution development on an 85 acre plus tract of land. With a parcel of this size, it is difficult to visualize the number of buildings that would be placed on the property and number of access points needed to accommodate each business. The Commissioners were requested to deny the rezoning request since no plan has to be submitted to show how the land will be developed. Chairman Caster stated regardless of whether the land is developed residentially or office and institution, there is no way to determine exactly what will be placed on the property. To request the owner to spend a considerable sum of money for submitting a plan which is not required for the rezoning would not be right. Mr. Mayo responded if the site is residentially developed, it would be logical to assume the development would be similar to other properties in the area. Mr. Michael O’Connell, representing the Landfall Council of Association, Inc., referenced a letter dated July 27, 1998, from the President of the Association expressing opposition to the rezoning of the Trask property. He advised that Landfall received a Special Use Permit to construct a managed care facility, called Landfall Village, on the northern end of the Trask property. The facility will be adjacent to the property line with small patio homes surrounding a one and one-half story building that will house a dining room, recreational facility, and a NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 622 nursing care unit for the residents. The design of this facility will be governed by the Architectural Review Board to insure the aesthetics of the project. He spoke on the need to consider the managed care facility when reviewing the proposed rezoning and he presented the following concerns: (1)At this point, the Association does not know the type of development that will occur on the 85 acres. Will there be 24-hour services generating traffic and noise day in and day out? Will there be high intensity lighting for parking which will disturb the adjacent residential dwellings? Any of these items will disrupt the peace and tranquility of a managed care facility. (2)Landfall has sixteen residential lots that border the Trask property on the eastern side. These lots will be devalued next to an Office and Institution District. Parking lots, high intensity lighting, and traffic do not make good neighbors. In closing Mr. O’Connell requested the Board of County Commissioners to deny the Office and Institution rezoning application. Commissioner Birzenieks asked Mr. O’Connell if the Landfall Council of Associations, Inc. was in favor of the Special Use Permit granted by the Board of County Commissioners for Landfall Village. Mr. O’Connell advised the Association was in favor of the request. Landfall Village was planned as outlined in the original plan for the Landfall Subdivision. The members of the Association spoke in favor of the special use for placement of a managed care facility. Vice-Chairman Greer noted that the map presented by the Planning Department showed only nine abutting lots instead of the sixteen lots referenced by Mr. O’Connell. He expressed concern for many people not being aware of the restrictions placed on an Office and Institution District. For example, restrictions apply to the size of signs and lighting reflected from the signs. Also, the source of outside lighting must be concealed so it will not be visible from any public street or residential property. Emphasis was placed on the need for everyone involved to understand that Office and Institution restrictions under the New Hanover County Zoning Ordinance will address many of the concerns expressed by surrounding property owners. Mr. O’Connell requested an explanation on how a light from a parking area could be screened. Vice-Chairman Greer advised directional lighting is used to protect an adjacent neighborhood. Under the Special Use Permit granted to Landfall Village, the least desirable part of the development backs up to the Trask property. Commissioner Davis referenced the Special Use Permit for placement of the managed care facility in Landfall and stated this request was totally different from the Trask petition because a site plan was required and presented showing exactly how the land would be developed. He spoke in opposition to a carte blanche Office and Institution rezoning for a tract of land this size and stated if the petitioner would consider a Conditional Use Office and Institution rezoning, he would be more comfortable with approving the request. However, residential zoning may not be the best use of the property because construction of more than 212 homes would increase traffic on an already overcrowded corridor. Commissioner Davis referenced the agreement that had been reached by previous Boards of County Commissioners to prohibit commercial development beyond the library site owned by New Hanover County on Military Cut-Off Road, and he asked if the current Board was familiar with the agreement. Vice-Chairman Greer explained this agreement was in effect; however, when Landfall requested the rezoning for the managed care facility with no opposition present and the Board of County Commissioners approved the request, he stated at that meeting, the zoning along this NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 623 corridor would change. If one petitioner is allowed to rezone property for Office and Institution use, it is not fair to deny the same right to another petitioner. When the Special Use Permit was granted for Landfall Village, no conditions for lighting or noise were placed on the use. If the Trask property is developed residentially, lighting from Landfall Village could be a problem for adjacent property owners without the ability of the County to control these issues. When trying to determine the best use for the property, the following factors have to be considered: (1)Residential development does not require retention ponds. With construction of more than 200 residential dwellings which require streets, side walks, and driveways, the stormwater will increase and risk a problem of flooding. (2)Office and Institution development requires retention ponds. The exact uses are not known, but the structures must be offices and buildings. The tract of land is under the Special Highway Overlay District with the back part of the parcel circulating around the old abandoned Wrightsville Beach landfill. In closing, Vice-Chairman Greer noted that everyone present wants the best use for the property, and he stated, in his opinion, Office and Institution was the preferred zoning in this transitional area. The property will be surrounded by commercial development on one side, residential development on the other side and a strip of wetlands. The property owners in Lucia Point will be protected by wetlands, and the residents of Landfall will be protected by a wall and buffering setbacks. Commissioner Davis advised that he felt Conditional Use should be required if the property is zoned Office and Institution. Commissioner Howell advised the purpose of Office and Institution zoning is to provide a transitional use between business and residential development. In this case, there are natural buffers to protect the residential properties. He advised that only ½ a percent of the land in New Hanover County is zoned Office and Institution. Chairman Caster asked if a compromise could be reached to satisfy the concerns of the adjacent property owners by rezoning a portion of the property to Office and Institution and leaving a portion residentially zoned. Commissioner Birzenieks stated that a Conditional Office and Institution rezoning would be more preferable; however, he was disappointed about the lack of interest shown at the Public Hearing when the Special Use Permit was issued for the managed care facility in Landfall. When reviewing the map, there are designated areas for staff parking, equipment maintenance, and it appears that laundry trucks would be providing services to the area. As a resident of Landfall, he is torn because there is a double standard in this case. Attorney Rountree requested permission to approach the Board and he walked toward the platform. He advised that Mr. Trask would be willing to leave approximately 15 acres zoned R-15 Residential along the road frontage. Mr. Curtis Wright objected to holding a conversation that could not be heard by the audience. Chairman Caster invited Mr. Wright to step forward to the platform, and he advised that Attorney Rountree would repeat the discussion in a few minutes. BREAK Chairman Caster called a break from 9:15 p.m. until 9:30 p.m. Chairman Caster requested Mr. Rountree to explain to the public the proposal submitted by Mr. Trask. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 624 Attorney Rountree advised the proposal was to leave 400 feet east of the eastern line on the old Military Cut-off Road zoned R-15 Residential with the remaining portion of the tract being rezoned Office and Institution. Chairman Caster asked if the rezoning would impact the library site owned by the County? Attorney Rountree advised the library site would be affected; however, this matter would have to be addressed at another Public Hearing. Vice-Chairman Greer inquired as to what would be accomplished by the proposed R-15 road frontage. He suggested rezoning the entire tract to Office and Institution. Attorney Rountree advised the R-15 Residential road frontage would provide a comfort level to the persons in opposition to the rezoning; however, the petitioner would prefer for the entire tract to be rezoned to Office and Institution. Mr. Larry Fried stated the real issue was not knowing what type of development would occur on the 85 acres of land. Without a site plan, there is no way to determine how this land will be developed. The surrounding neighborhoods would be more amenable to Office and Institution zoning if a site plan was presented. Attorney Rountree requested the Board to decline the road frontage offer because it was obvious that no compromise could be reached to satisfy the adjacent neighborhoods. Chairman Caster stated the Office and Institution zoning with road frontage would increase the size of the library site and allow the County to sell the lot for more money. Also, the residents should feel more comfortable with the proposed rezoning. County Attorney Copley stated, for the record, the library site was not a part of the Public Hearing. She noted that no change would occur in the zoning of this property regardless of the motion approved. Mr. Curtis Wright commented on the emotions involved with the proposed rezoning, and he stated the Council of Neighborhood Associations, Inc. does not believe the property will remain pristine over the years. If Office and Institution zoning is approved as recommended, the County will not have any control of the commercial node north along Military Cut-Off Road. Contact has been made with Secretary of Transportation about the Special Highway Overlay District to create a bike path, plantings, or relocated ditches to enhance the vista of the Military Cut-Off Road. In closing, Mr. Wright stated that Commissioner Davis has indicated difficulty in rezoning the property to Office and Institution without a site plan. If this property is rezoned, the corridor will become like every other commercial corridor in New Hanover County. The Board was urged to deny the proposed rezoning. Planning Director Hayes advised the Zoning Ordinance requires that an Office and Institution District must have direct access to a major corridor. The road cannot go through a residential district to accomplish the access. If the Board decides to provide the residential road frontage as proposed by Mr. Trask, enough width will have to be reserved for a road to serve the Office and Institution uses. Mr. David Barefoot, a local attorney, stated from any point of view it does not make sense to rezone the first 400 feet residential. In this case, the entire tract should be rezoned to Office and Institution. Mr. Leo Nowak, a commercial real estate agent, stated the County Commissioners are responsible for deciding what is truly the best use of the property. In this case, a request is being made to rezone 85 acres to Office and Institution on a major corridor. The major issue is NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 625 whether the property should be developed R-15 Residential, a combination of R-15 Residential and O-I Office and Institution, or completely rezoned to Office and Institution. With the commercial uses in the area, the best use for the property would be office and institution development. Once this decision is rendered by the Board of County Commissioners and Mr. Trask sells the property, the new property owner will have to appear before the Planning Board or Board of County Commissioners to present development plans for the land. At that time, the setback requirements will have to be met. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to rezone the entire tract to O-I Office and Institution. Commissioner Davis stated he would prefer to see a conditional use district that will require a site plan. Commissioner Howell reported on the difficulty of the seller trying to anticipate the needs of a potential buyer before the property is sold. He stated this would not be possible. Substitute Motion:SUBSTITUTE MOTION Chairman Caster made a to retain the first 400 feet residential along the front portion of Military Cut-Off Road with the remaining property being rezoned Office and Institution as offered by Mr. Trask. Vice-Chairman Greer stated if 400 feet of residential property is left along the frontage of Military Cut-Off Road, the entire corridor will be open to commercial development. No potential buyers will want a residential strip on property along a major corridor. SUBSTITUTE MOTION FAILED FOR THE LACK OF A SECOND. The ORIGINAL MOTION Chairman Caster called for a vote on the to rezone the entire parcel to Office and Institution. Upon vote, the MOTION CARRIED BY A 4 to 1 vote as follows: Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Davis A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970, is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book I, Section 3, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID BAREFOOT TO REZONE APPROXIMATELY 30 ACRES IN THE 4200 BLOCK OF BLUE CLAY ROAD TO I-2 HEAVY INDUSTRIAL FROM R-15 RESIDENTIAL Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of a modified version of the petition as submitted. Specifically, the land north of the planned Wilmington By-Pass would be rezoned to I-2 Heavy Industrial. The balance of the tract located south of the new road and north of NorthChase would retain its current R-15 designation. The petitioner’s attorney asked the Planning Board to include the Trask property south of the planned road so it would not be landlocked like the neighboring Goff property. The NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 626 Planning Board declined, noting that establishing industrial zoning adjacent to established residential uses would encourage land use conflicts that do not now exist. Two adjacent property owners spoke in opposition to heavy industrial zoning contiguous with residential uses. They felt the property south of the planned by-pass should be developed with compatible transition uses, such as office or residential. The opponents were less concerned with the type of zoning north of the planned road, although one owner said he would be more comfortable with a less intense zoning classification. The Planning Staff recommended that the I-2 Heavy Industrial District stop at the northern boundary of the constructed road. Vice-Chairman Greer inquired as to whether a cemetery was located on the site. Planning Director Hayes advised that a cemetery was located on the property, and he noted the rezoning would not negatively impact the cemetery. A lengthy discussion followed on allowing the cemetery to remain residentially zoned. Vice- Chairman Greer informed the Board that the surrounding community was concerned about rezoning and he suggested allowing this site to remain residentially zoned. Attorney David Barefoot, representing the petitioners, Mr. Goff and Mr. Trask, reported the cemetery was located on the Trask property. He advised that access must remain to the cemetery according to North Carolina State Law. The petitioner would prefer for the cemetery site to be zoned I-1 Industrial because of the difference in setback requirements. He assured the Board that the proposed rezoning would not negatively impact the cemetery. Attorney Barefoot commented on the highest and best use of the property and he stated the property should be rezoned to I-1 Industrial and O-I Office and Institution from R-15 Residential. With development along I-40, there will be a need for industrial development. He requested the Board to rezone the property as petitioned. Commissioner Davis asked if Mr. Trask and Mr. Goff were in favor of the Planning Board’s recommendation to rezone the land north of the planned by-pass to I-2 and allow the remaining balance of the tract to remain residentially zoned. Attorney Barefoot expressed concern for land locking the Trask property and stated this would not be satisfactory. Mr. Todd Olsen, a resident of 3301 Paramount Way, stated the residents were not opposed to the O-I Office and Institution zoning; however, there was concern in the community for rezoning residential property adjacent to heavy industrial zoning. He requested the Board to rezone the entire site to O-I Office and Institution.. There being no other comments, Chairman Caster closed the Public Hearing. Motion: After the discussion of the need to have more industrial property, Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve rezoning the property south of Blue Clay Road to I-1 Industrial and the remaining property to O-I Office and Institution from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREAS NO. 8A AND 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book II, Sections 8A and 8B, Page 48. PUBLIC HEARING TO CONSIDER A REQUEST BY LEO NOWAK FOR J. BULLARD TO REZONE 4.67 ACRES LOCATED AT 8133 MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-631, 7/98) NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 627 Commissioner Davis requested to be recused from voting on this issue because of a business relationship. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to recuse Commissioner Davis from voting on this issue. Upon vote, the MOTION CARRIED by a 4-0 vote. Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition as submitted. Citing current development trends along this stretch of Market Street and surrounding zoning, it was felt the request was appropriate. Chairman Caster asked if anyone from the public would like to comment. Mr. Leo Nowak, representing the petitioner, Mr. J. Bullard, stated after discussion with Carolina Power & Light Company, the owner of the mini-storage facility, and the owner of Tract A, the adjacent property owners were not opposed to the rezoning. He requested the Board to approve the rezoning as petitioned. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve B-2 Business zoning from R-15 Residential for 4.67 acres located at 8133 Market Street as recommended by the Planning Board. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book I, Section 5, Page 36. DISCUSSION ON REMOVAL OF THE SOUTHERN OUTER LOOP PROPOSAL Planning Director, Dexter Hayes, reported this was a continued item from the meeting of July 13, 1998. No action was taken at that meeting, and Staff was requested to place this item on the August 3, 1998 agenda for the Board to consider removing the Southern Outer Loop proposal from the Thoroughfare Plan. Planning Director Hayes explained in order to remove the Southern Outer Loop proposal from the Thoroughfare Plan, action will be required by the Board of County Commissioners. This action will then be forwarded to the Transportation Advisory Committee and to the N. C. Board of Transportation to receive endorsement. Motion: Vice-Chairman Greer commented on discussion held at the last meeting regarding the number of properties that will be affected and the cost of the project, and he MOVED to remove the Southern Outer Loop proposal from the Thoroughfare Plan. Planning Director Hayes reminded the Board that the Thoroughfare Plan was being updated and he stated that some of the current alternatives could be recreated or other corridors and links could be established. He emphasized the importance of everyone understanding the need will not disappear because the Southern Outer Loop proposal has been removed from the Thoroughfare Plan. SECONDED Commissioner Howell stated that other alternatives should be presented, and he THE MOTIONMOTION CARRIED UNANIMOUSLY . Upon vote, the to remove the Southern Outer Loop proposal from the Thoroughfare Plan. APPOINTMENT TO THE BOARD OF FIRE COMMISSIONERS POSTPONED Commissioner Howell requested postponing the appointment to the Board of Fire Commissioners. He requested the Clerk to re-advertise the vacant position. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 628 Consensus: It was the consensus of the Board to defer action and request the Clerk to re-advertise the vacancy. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 9:44 p.m. to hold a meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 10:15 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Recognition of Vice-Chairman Robert G. Greer as President-Elect of the North Carolina Association of County Commissioners Chairman Caster reported that Vice-Chairman Greer will be installed as President of the North Carolina Association of County Commissioners at the 91st Annual Conference to be held in Charlotte, North Carolina, from August 13-16, 1998. He congratulated Vice-Chairman Greer for this achievement and stated it was an honor for New Hanover County to have a Commissioner elected to this office. Reminder of Visit by N. C. Department of Transportation Secretary, E. Norris Tolson Chairman Caster reminded the Board of the visit and luncheon planned for Secretary E. Norris Tolson on August 21, 1998. He requested the Commissioners to attend the event if at all possible. Discussion of FY Year Budget for New Hanover Regional Medical Center Commissioner Birzenieks reported the Finance Committee was in the process of completing the fiscal year budget for New Hanover Regional Medical Center. He inquired as to the amount of input that is normally received by the Board of County Commissioners before the budget is adopted. Vice-Chairman Greer advised that the budget must be submitted for review by the Board of County Commissioners before the document is adopted by the New Hanover Regional Medical Center Board of Trustees. He stated this procedure allows the Commissioners to review the document, which in his opinion, is sufficient. Discussion of Architect Fee for the Northeast Branch Library County Manager O’Neal advised that a bill has been received by the County in the amount of $15,000 for architect services rendered for the Northeast Branch Library. After discussion with the Northeast Branch Library fund raising group about paying the bill, the Chairman felt this was not the intended use of the $1,000,000. County Manager O’Neal stressed the importance of paying the architect for Phase I of the project, and he requested direction from the Board. Consensus: After discussion, it was the consensus of the Board to authorize the County Manager to pay the $15,000 architect fee contingent upon being reimbursed by the fund raising group. Discussion of Appointments to the Wilmington Housing Finance and Development, Inc. Board of Directors Discussion was held on whether the Board of County Commissioners should make appointments to this agency since the County has its own program. Consensus: After discussion, it was the consensus of the Board to consider these appointments at the next meeting scheduled for August 17, 1998. Discussion of Review Process for Filling the Tax Administrator Position County Manager O’Neal presented a list of procedures for filling the Tax Administrator NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, AUGUST 3, 1998PAGE 629 position. He requested direction from the Board. Consensus: After discussion, it was the consensus of the Board to direct staff to select the top three candidates with the County Commissioners interviewing and deciding on the person to fill the Tax Administrator position. Discussion of Filling the District 4 Director Position on the N. C. Association of County Commissioners Board of Directors Vice-Chairman Greer reminded the Board that it was New Hanover County’s turn to fill the District 4 Director position on the N. C. Association of County Commissioners Board of Directors. Chairman Caster requested the Board to consider him for the position. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Howell to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:00 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board