Loading...
1998-09-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 674 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 8, 1998, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 21 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 Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. Chairman Caster called the meeting to order, and he welcomed everyone present. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda, or to comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. William J. Hart, President of the Council of Neighborhood Associations (CONA) spoke on the following issues: (1)Support of Preserving Green Space in New Hanover County: The County Commissioners were complimented for discussing the possibility of holding a bond referendum next year to receive voter approval to purchase tracts of green space throughout the county. Emphasis was placed on the importance of not confusing recreational demands with the purpose of preserving environmentally sensitive tracts of land that should be used for walking trails or natural open spaces. (2)Services of CONA: The services of CONA were offered to the County Commissioners as a channel of communication to the neighborhood level for information exchange on current activities of New Hanover County. With drainage, water quality, and recreational issues looming, the Board and County Administrative Staff were encouraged to take advantage of CONA’s links to the neighborhood organizations and use some of the members who are experts in many of these fields. Chairman Caster, on behalf of the Board, expressed appreciation Mr. Hart for the offer and comments regarding green space. Ms. Mary Stillsm presented a petition consisting of 55 signatures and pictures of the flooding that occurred in Glen Ridge Subdivision after Hurricane Bonnie. Emergency and passenger vehicles could not enter or leave the subdivision. Due to the recent flooding and previous drainage problems, the residents feel that action must be taken as soon as possible to remedy what is considered to be an emergency situation in the Glen Ridge Subdivision. The Board was requested to work with the Engineering Department to determine how this matter can be resolved and to report to the residents within the next two weeks. Chairman Caster, on behalf of the Board, informed Ms. Stillsm the drainage would be reviewed by staff, and the citizens would receive a report. Mr. Eloise Roseman, a resident of Roseman Lane, reported on the flooding problems being experienced on this road since the developer, John Baker, filled a ditch that had drained the property for 38 years. She informed the Board that Mr. Adam Ray Hall, a civil engineer, had sent a letter NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 675 dated July 23, 1998 to Mr. Baker notifying him that he was in violation of the land disturbing permit which filled a ditch that crossed three lots. As of this date, no response has ever been received from Mr. Baker. Ms. Roseman requested the Board to answer the following questions: (1)How did the developer fill in the ditch without subdivision approval? (2)How long will the residents have to wait for Mr. Baker to comply with the subdivision regulations? (3)Since staff has been aware of the flooding issue since April 1997, why has New Hanover County not withheld building inspections from the developer until the drainage regulations have been met? In closing, Ms. Roseman urged the Board to check into the drainage issue and report back to her. Chairman Caster, on behalf of the Board, advised this situation would be investigated by staff and she would be contacted within the next week. APPROVAL OF CONSENT AGENDA Chairman Caster requested approval of the Consent Agenda with authorization to waive the tip fee for the Keep American Beautiful Clean Sweep event. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioners Howell to waive the tip fee for the Keep America Beautiful Clean Sweep and to approve the remain items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes: Regular Meeting, August 3, 1998 Hurricane Work Session, August 25, 1998 Hurricane Work Session, August 25, 1998 Hurricane Work Session, August 27, 1998 Hurricane Work Session August 27, 1998 Adoption of Resolution Relating to the Sale of Surplus Property Owned by New Hanover County and the City of Wilmington The Commissioners adopted a resolution accepting the following offer for the sale of surplus property jointly owned by the City of Wilmington and New Hanover County: Offeror:John J. Carroll Parcel Number:RO054-033-020.000 Address 206 Marstellar Street Amount of Offer:$6,000.00 Tax Value:$719.00 Market Value$6,000 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 30. Adoption of Resolution to Request the N.C. Department of Transportation to Add Searay Lane to the State Highway System The Commissioners adopted a resolution to request the N. C. Department of Transportation to add Searay Lane in the Wilmington Beach area to the State Highway System. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 676 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 30. Approval of Budget Amendment #99-10 - Sheriff’s Department The Commissioners approved the following budget amendment: #99-10 - Controlled Substance Tax Capital Project DebitCredit Controlled Substance Tax$4,073 Capital Project$4,073 Purpose: To budget additional revenue received August 13, 1998. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Method to Distribute County GIS Data through CD-ROM Media The Commissioners approved a recommendation from the IT Department to establish a standard method of public distribution of the County GIS data through the CD-ROM media at a charge of $15.00 per set. This procedure conforms with the Public Access Statutes. Authorization for the Chairman to Write a Letter to NCDOT in Support of an Emergency Traffic at the Entrance to the Ogden Rescue Squad The Commissioners authorized the Chairman to write a letter to the N.C. Department of Transportation in support of an emergency traffic signal at the entrance to Ogden Rescue Squad located on Military Cutoff Road. NEW HANOVER REGIONAL MEDICAL CENTER 1998-99 BUDGET PRESENTATION Commissioner Birzenieks introduced Mr. David Benford, Chairman of the Finance Committee, to present the 1999 Budget for New Hanover Regional Medical Center. Mr. Benford reported since 1993, the Finance Committee and Board of Trustees have adopted a budget with the following objectives. These objectives have been met in the proposed 1999 Budget. (1)Implied Bond Rating by Standards & Poors A+ Implied Bond Rating by Moody A1 (2) Operating Margin 4.50% (3)Excess Margin6.50% (4)Debt Service Coverage4 times (5)Current Ratio2:1 (6)Overall Asset Growth6% (7)Improve Cash PositionYes (8)Fund DepreciationYes (9)Investments as a Percent of Assets: Greater or Equal to 25% of Assets (10)Fixed Assets as a Percent of Assets: Less than 50% of Assets NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 677 The 1999 Consolidated Statement of Operations was presented: Gross Patient Charges$488,613,575 Deductions from Charges 198,870,000 Net Patient Revenue 289,743,575 Other Operating Revenue 3,855,422 Total Operating Revenue 293,598,997 Expenses: Personnel 139,992,952 Professional Fees 6,934,165 Supplies 54,023,158 Utilities 3,992,259 Purchased Services 18,682,739 Insurance 2,727,300 Bad Debts 19,782,609 Depreciation 21,297,063 Other 12,958,551 Total Operating Expenses 280,390,796 Operating Gain 13,208,201 Non-operating Revenue 6,200,000 Excess of Revenue Over Expenses $ 19,408,201 Operating Margin4.50% Excess Margin4.50% In closing, Mr. Benford said the Board of Trustees was pleased that the 1999 Budget incorporated a reduction in patient charges. He advised that all excess revenues are returned to the Capital Budget to allow the Medical Center to continue to grow and meet the needs of the region. The following figures were presented: 1999 1998 Semi-Private Room$ 321.00$ 338.00 Private Room$ 343.00$ 361.00 Intensive Care$1,104.00$1,162.00 Neonatal Intensive Care$1,169.00$1,230.00 Nursery$ 293.00$ 293.00 Chairman Caster expressed appreciation to Mr. Benford for the budget presentation and he suggested holding a joint meeting with the Board of Trustees to receive a status report on current activities of the Medical Center, particularly the acquisition of Cape Fear Memorial Hospital. Commissioner Birzenieks advised that a Work Session had been scheduled on Thursday, September 17, 1998, at 10:00 a.m. to discuss the revenue bond issue for acquisition of Cape Fear Memorial Hospital. PRESENTATION OF PROGRESS REPORT FROM THE CHAIRMAN OF THE COMPREHENSIVE PLAN STEERING COMMITTEE Chairman Caster advised that he and Commissioner Birzenieks were members of the Comprehensive Plan Steering Committee which had met numerous times to work through difficult and complex issues. He announced that Mr. John Jefferies, Chairman of the Comprehensive Plan NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 678 Steering Committee, would present the report. He complimented Mr. Jefferies for the amount of time given to chair the committee. Mr. Jefferies presented a mid-term report on the progress of the Wilmington-New Hanover County Comprehensive Plan. During FY 1996-97, the City Council and Board of County Commissioners agreed to jointly prepare a Comprehensive Plan in anticipation of continued growth and development. At the same time a Community Growth Planning initiative, supported by the Chamber of Commerce, focused its attention on the identification of growth related issues. These two planning efforts have been coordinated to be mutually beneficial. Community participation included six public forums, public opinion telephone surveys and a visioning process attended by more than 250 citizens. A Steering Committee, comprised of 18 representatives from various interests of the community, was appointed by the City Council and Board of County Commissioners to provide oversight for the development of the joint Comprehensive Plan. Subcommittees, consisting of community groups, were represented by over 70 volunteer members. Draft policies and implementation actions for the five subject areas of environment, land use, transportation, community infrastructure, and economics and housing were established. Community participation was received through the following procedures ? Six Public Forums were held across the County. ? Public Opinion Surveys through a random telephone survey of 410 registered voters in New Hanover County. ? The Community Growth Planning visioning process was attended by more than 250 citizens, representing over 90 civic groups during the public meeting. Priority issues, preliminary draft policies and implementation actions are presently under review by the Steering Committee that cover the following areas of concern expressed by the public: Natural Resources Issues : Policies dealing with Resource Protection cover the following areas: Water quality, open space, natural resource constraints, areas of environmental concern, potable water supply, and historic and archaeological resources. Resource Production and Management deals with agricultural and forestry resources, mineral resources, fisheries resources and off-road vehicles. Implementation Actions and Details for Actions were also presented for each of the above areas. Issues: Land Use and Urban Design Land allocation, site plan criteria, promotion of Wilmington as a regional trade center, minimization of dependence on automobiles, density of development, land use plan coordination, definition of an urban service district, and definition of quality of life issues. Policies dealing with these issues include location and demand; open space, cultural and recreation; industrial usage; mixed use; residential neighborhoods; design and regulation; infrastructure; hurricane recovery-land use and urban design; land use concepts. Issues: Community Infrastructure Facility and service provisions; stormwater management; water and sewer; schools and education; cultural arts and recreation; police and fire services; solid waste; communication. Transportation Issues: Traffic, alternative forms of transportation, aesthetics, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 679 environment, corridor protection, and costs. Housing, Historic Preservation and Economy Issues: Housing Issues: Minimum Housing Programs; adequate UNCW and CFCC student housing; neighborhood associations; federal and state funding; affordable housing programs; monetary incentives; non-profit organizations; rentals and condos; zoning regulations; homeless; special needs and elderly. Historic Preservation Issues: Historic district guidelines; historic preservation inventory; Downtown Plan Vision 2020; expansion of historic district; local historic preservation districts; non-profit groups; education and public outreach. Economy Issues: General economy; improvement of economically distressed areas; state ports; marine economy; airport; tourism; skilled workforce and education. Meetings have been held bi-weekly since May 15, 1998, and the Steering Committee continues to refine the previously developed growth related policies and implementation actions. The vision, policies and implementation actions of the Comprehensive Plan update will be reflected in a revised Unified Development Ordinance (UDO). City and County Planning Boards are jointly reviewing the UDO to simplify existing regulations through combined zoning and subdivision ordinances. It is anticipated the Steering Committee will complete its work on the draft Comprehensive Plan by the end of August, 1998. The Committee will conduct a public forum on the draft Plan on September 24, 1998 instead of September 17, 1998 due to Hurricane Bonnie. The meeting will be held in the City Council Chamber at 6:30 p.m. The draft plan will then be submitted to the City Council and Board of County Commissioners for approval so the plan can be submitted to the State. Final adoption by the local governmental bodies is anticipated in the Winter/Spring of 1999. In summation, Mr. Jefferies requested that the Commissioners to review the draft as presented and provide the Steering Committee with comments and concerns prior to the final draft. The task of providing a plan that will be implemented and acceptable to the elected officials and the citizens of the community has been an arduous charge. When trying to address growth, people have moved to the suburbs, which had created dependence upon cars, damage to the environment, and the lack of affordable housing. These situations occur when communities react instead of becoming proactive. Unless this growth is controlled, the beauty of this area could be lost as well as the economic base. In short, good planning is needed as well as educating our citizens to appreciate and protect our natural resources. Chairman Caster expressed concern for using a telephone survey of 410 citizens to provide a list of perceived problems in the community. He stated as an elected official, it was difficult for him to identify the actual problems that should be addressed. The Committee struggled through many complex issues that will require a significant amount of money to resolve. The public must be prepared to fund these items. Commissioner Birzenieks requested the Committee to list the funding sources for the top priorities so the public will understand how the revenue will be generated. Also, New Hanover County has become an expensive place to live, and the Committee must consider this fact when developing the final plan. Mr. Jefferies agreed with Commissioner Birzenieks and said the Committee has discussed costs. The citizens must be willing to pay for what they perceive as worthwhile projects. Currently, there appears to be a tremendous amount of public support for preserving green space and acquiring Airlie Gardens. Another project that needs to be addressed is corridor protection for new highways. This cost of protecting corridors will only increase in the future; however, the benefits received from NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 680 this project will outweigh the cost. With so many major needs, schools, drainage, water quality, traffic, etc., there is a balancing act between identifying where we are and what we are willing to pay to preserve the quality of life in New Hanover County. Vice-Chairman Greer requested the Committee to be realistic about needs. He advised that many recommendations in the report are excellent, but they cannot be realistically implemented. In order for the final plan to be approved, the Committee should review these issues and make the necessary changes. For example, one item in the report recommends prohibiting and seeking the elimination of collection systems that directly discharge stormwater to surface waters. This sounds good because no one desires to pollute surface waters; however, when a person’s house is flooded, that individual is not concerned about how the water is discharged. The question to answer is whether the County should dispose of these collection systems when flooding will occur as a result of this action. Mr. Jefferies requested Vice-Chairman Greer to submit a list of items so the Committee can discuss and review the issues. Appreciation was expressed to Vice-Chairman Greer for pointing out this example. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Jefferies and members of the Committee for preparing the report. PRESENTATION OF ARCH (ALLIANCE FOR A REGIONAL CONCERT HALL) Dr. Ruth Funk, 622 South Second Street, reported that ARCH began two years ago as a small group that has grown into a broad representation from the community. After meeting for the past two years, the members feel that the concept of a new concert hall adjacent to Thalian Hall should be explored through a feasibility study. ARCH is requesting the Board of County Commissioners to support private funding for the performance of a feasibility study. Dr. Funk requested Mr. Tony Rivenbark to present a visual model of the proposed concert hall and parking facility. Mr. Rivenbark presented a model of the concert hall adjacent to Thalian Hall. The concert hall will seat at least 1,500 persons and no more than 2,000. Since Thalian Hall and the existing parking lot were constructed on a sand dune, there is an opportunity to construct a one or two level parking deck underground. This will address parking for elected officials and City and County employees. The proposed facility will be large enough to bring in better known artists and shows. Also, the facility will accommodate the graduation ceremony for Cape Fear Community College as well as the North Carolina Symphony. He advised the Thalian Hall Board of Trustees has recommended support of the concept. Also, if the project is constructed, the Thalian Hall organization will be expanded into a larger authority to operate the facility. Chairman Caster asked if there was a figure on the cost of the proposed concert hall. Dr. Funk responded that the purpose of the feasibility study would be to determine the cost. She requested the Board to support the concept of raising private funds to perform the study. Commissioner Birzenieks asked if any thought had been given to the funding source to pay for construction of the project. Dr. Fund said that funding would be discussed after the cost is determined in the feasibility study. However, it is felt that a combination of funding sources will be used. County Manager O’Neal informed the Board that Dr. Leutze approached him about the proposed concert hall, and he wanted the Commissioners to know that UNCW was in the preliminary stages of reviewing a visual and performing arts center to be located behind Kenan Hall. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 681 Dr. Leutze feels this is an opportunity for collaboration between the County, City, UNCW and other interested groups to use this facility as a concert hall for the region. Commissioner Birzenieks recommended proceeding with the feasibility study. Vice-Chairman Greer expressed concern for supporting the project and misleading the ARCH about funding the project. Consensus: After further discussion, it was the consensus of the Board to support the private fund raising efforts by ARCH to perform a feasibility study on the concept of a concert hall, and to authorize the Chairman to write a letter to ARCH clearly informing the organization that endorsement of the fund raiser does not mean the Board of County Commissioner will fund the project at a later date. CONSIDERATION OF RESOLUTION ENDORSING THE 1999 WORLD WAR II COMMEMORATION The Board of County Commissioners heard a presentation from Wilber D. Jones, Jr., Captain, U.S. Naval Reserves (Ret.), who is leading an effort to commemorate the impact of WWII on the Wilmington area, specifically to focus attention on the contributions of this community. The Wartime Wilmington Committee will present activities recognizing the service and sacrifices of local men and women who served in the Armed Forces and on the home front. This group will inform and educate the public regarding the nature of life in Wilmington during WWII. Captain Jones requested the Board of County Commissioners consider adopting a resolution endorsing the 1999 World War II Commemoration as follows: Whereas , World War II has been the single most defining event of the Twentieth Century; and Whereas , the century rapidly ends and men and women associated with the war effort pass away; and Whereas , the conflict deeply impacted the area of New Hanover County and the City of Wilmington historically, culturally, and economically; and Whereas , the Wartime Wilmington Committee, an ad-hoc organization, has been formed to plan, coordinate, publicize and present a series of activities in 1999 to commemorate the area’s role in WWII, recognizing the service and sacrifices of local men and women who served in the Armed Forces and on the home front; NOW, THEREFORE, BE IT PROCLAIMED , that the New Hanover County Board of Commissioners officially recognize the efforts of the Wartime Wilmington Committee, and encourages citizens to take advantage of the educational, cultural and historical opportunities available throughout 1999. Commissioner Davis complimented Captain Jones for this effort, which was very meaningful to him since his father served in WWII. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt the resolution as presented. 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 30. PROCLAMATION TO DESIGNATE SEPTEMBER 17-23, 1998 AS CONSTITUTION WEEK IN NEW HANOVER COUNTY Chairman Caster presented a letter from Judy Ward of the National Society of the Daughters of the American Revolution regarding a request from the Stamp Defiance Chapter to the County Commissioners to proclaim September 17-23 as Constitution Week in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 682 Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to proclaim September 17-23, 1998 as Constitution Week in New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 30. BREAK Chairman Caster called a break from 7:55 p.m. until 8:10 p.m. ADOPTION OF RESOLUTION TO SUPPORT DREDGING OF MASON INLET The Commissioners heard a presentation by Frank Pinkston, Acting Chairman of the Mason Inlet Preservations Group (MIPG) regarding the dredging of Mason Inlet. The MIPG was formed as a coalition of Homeowner Associations from North Wrightsville Beach and Figure Eight Island to facilitate the development of an inlet management plan. The group consists of 497 homeowners living on North Wrightsville Beach and 563 homeowners on Figure Eight Island. These 1,060 homeowners represent a real estate property value of over $600,000,000. The group’s belief is that the only viable and environmentally sound solution to the southerly migration of Mason Inlet is to relocate and stabilize the inlet at its original 1970-1985 location. This location would provide additional beachfront, flush the tidal creeks, reopen the inlet to navigational use, and protect a significant amount of real estate property. MIPG is seeking support from New Hanover County and the Town of Wrightsville Beach to strengthen its position in an effort to obtain approval of the relocation and stabilization plan. The Board was requested to adopt the resolution in support of these efforts. The membership of the associations have pledged full support of the funding necessary to relocate the inlet. A report on the events that have occurred with the southern migration of Mason’s Inlet was presented by Ms. Karen Erickson, an Environmental and Coastal Engineer. (1)A large public beach, county access and parking area at the North end of Wrightsville Beach have been lost. (2)Shell Island Resort is in immediate danger of destruction and loss. (3)Figure Eight Island has experienced severe erosion and property losses. (4)Beach property values south of the resort have depreciated significantly. (5)Sand deposits are covering and negatively impacting the living biological resources in the estuary. (6)Mason’s Creek has in-filled with sand reducing flushing and water exchange from Howe Creek. If the inlet is not relocated, the following events will occur: (1)Removal of the sand tubes next year will result in large scale damage and beach debris. (2)Geologists and engineers expect the inlet to continue its migration to the south at one foot per day (3)The large scale loss of beaches will greatly reduce public access and beach use. (4)Properties extending 3,000 feet south of the inlet are expected to be lost over the next ten years. (5)$600,000,000 in property is threatened by the inlet. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 683 The property owners are concerned about the sand tubes being removed next September. It is imperative for the inlet to be relocated to its original site. Implementation of this project will derive the following benefits: (1)Additional beach for public beach use and fishing. (2)Provide sand and protection to threatened properties on Wrightsville Beach and Figure Eight Island valued at $600,000,000. (3)Open Mason’s Creek for navigational use and improve flushing at Howe Creek. (4)Prevent further sand coverage of living biological resources. (5)Provide environmentally sound solution to a major problem. Chairman Caster requested a motion on the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt the resolution as presented. Commissioner Davis expressed concern for the County becoming involved financially or legally in the lawsuit filed by Shell Island. County Attorney Copley advised the resolution as written would not legally or financially bind the County. Chairman Caster recommended amending Paragraph 5 because there was no evidence to show that the southerly migration of Mason Inlet has caused a marked reduction in the value of beachfront properties along a 2,000 to 3,000 foot length of shoreline. Vice-Chairman Greer suggested amending the resolution to read as follows: Whereas, the supply of ocean front land within New Hanover County is diminished and lost by the persistent southerly movement of Mason Inlet causing a marked reduction in the value along the shoreline of beachfront properties . Substitute Motion: Chairman Caster MOVED, SECONDED by Commissioner Howell to adopt the resolution as amended by Vice-Chairman Greer. 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 30. CONSIDERATION OF PAGES CREEK DRAINAGE PROGRAM County Manager O’Neal reported that Dawson Engineering recently completed its Pages Creek Drainage Study and reported the findings to the Board of County Commissioners at a Work Session held on July 27, 1998. During the meeting, the Board requested staff to bring back a brief summary of the findings for further discussion. The Planning Staff has prepared the following recommendations: (1)A more thorough drainage ordinance and associated manual should be developed. Interim drainage regulations have been in effect for over a year. A more stringent drainage ordinance and manual could greatly reduce the drainage impact of new development on existing neighborhoods. This action would be of little direct cost to the County. (2) The County could initiate a drainage program on two fronts: The County could discuss with the City the potential for joint drainage programs on creeks that are under both jurisdictions. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 684 The County could initiate programs for creeks within the County, for example Pages Creek. One possibility would be to establish a separate drainage district for Pages Creek where a separate tax would pay for a County drainage division to perform drainage work in the Pages Creek area as suggested by Dawson Engineering. An example would be culvert replacement and stormwater detention areas. The rapid growth of residential and commercial development in New Hanover County has begun to exceed the conveyance and assimilation capacities of the natural streams. Without a comprehensive stormwater management program, the flooding and water quality problems will continue to grow with development. The comprehensive stormwater management program should provide for integrated response to growth through appropriate planning, financing, standards and policies that are effective, equitable and economical. The program should be tailored to the specific needs and the public policy objectives of New Hanover County. The program should be separated into the following categories for consideration: Ordinances and policies Drainage master plan Storm drainage manual County stormwater database Training and public education program Financial management strategies In closing, the County Manager O’Neal requested the Board to provide direction on how Staff should approach the drainage issue in New Hanover County. Vice-Chairman Greer recommended proceeding with the guidelines as presented in the Pages Creek Watershed Study. County Manager O’Neal advised that most of the ordinances and policies could be developed in-house at a relatively low cost. However, the Commissioners will hear from the development community expressing concern for adopting ordinances that will increase the cost of a home and the cost of land. In an urban county with continued growth, all issues have become a matter of balance. The community must have the ability to deal with costly issues, such as drainage. After discussion of the reaction by developers, Commissioner Howell said he felt the developers would support a solution to flooding if they are involved in the process. A lengthy discussion followed on the cost involved with implementing a drainage plan for New Hanover County. Assistant County Manager Weaver informed the Board that this issue could approach from two directions: (1)Adopt ordinances and policies affecting new development to prevent aggravating existing drainage problems. (2)In order to resolve severe drainage problems, taxes will have to be increased or drainage fees implemented to pay for the cost of equipment and manpower. Commissioner Howell advised that he felt with the technology and tools available today, the County could resolve the drainage issue in several phases: (1)Assessing the Problem: Appointment of a Drainage Committee in each drainage basin to assess the basin. (2)Financing: Individual or individual groups should pay to fix their own problems if fault or benefits can be determined. The county could help by performing the work and assessing those involved through extended financing as done with the Wilmington/Hanby Beach sewer NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 685 project. If there is a county problem, the cost should be paid through the collection of taxes. If the problem has been created by the N. C. Department of Transportation, this agency should be responsible for correcting the problem. (3)Access to Property: New ordinances will have to be created to allow access to private property. This is where Private Property Rights will be infringed upon, and the anger of property owners will be expressed. (4)Regulations: The County will need to work with state and federal governments to change or add necessary regulations. Assistant County Manager Weaver reported there is an opportunity to create a Drainage District for the Pages Creek Watershed Basin and form an Advisory Committee comprised of residents of the drainage district. If drainage work is performed, funding would be obtained from the District through taxes, fees, or assessments. The District would contract with a County Drainage Department to perform the work. Also, since Pages Creek crosses city and county boundaries, a joint arrangement would have to be negotiated with the City. Discussion followed on the drainage fee being charged to City residents. Assistant County Manager Weaver advised the City charges a monthly utility fee which works well under the collection structure in place. The County would experience difficulty in collecting a monthly drainage fee without a water system in place. Vice-Chairman Greer, again, reiterated the need to move forward with adopting ordinances and policies as recommended in the Page’s Creek Watershed Study. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to direct staff to proceed with the six categories listed including the establishment of a Drainage Committee and the recommendations presented by Commissioner Howell. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Caster called a break from 9:40 p.m. until 9:50 p.m. INITIATION OF ZONING CHANGE FOR LIBRARY PROPERTY LOCATED ON MILITARY CUT-0FF ROAD Planning Director, Dexter Hayes, reported due to the recent rezoning of property on Military Cut-Off Road, the library property is now surrounded by land zoned for Office and Institutional use. Based upon the County’s long standing intended use of the property and the recent zoning changes for adjacent land, the County should initiate efforts to rezone the remaining 2.49 acres owned by the County to Office and Institution Zoning. Consensus: It was the consensus of the Board to direct the County Planning Office to initiate a zoning petition for the property. PUBLIC HEARING TO CONSIDER REZONING 1.72 ACRES AT 649 PINER ROAD TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted 4-0 to deny the petition as submitted. In making that decision, the Planning Board determined that open-ended zoning made it too difficult to judge impacts, and suggested the applicant consider conditional use zoning in lieu of Office and Institution zoning. The Board also questioned whether O-I zoning at this location would be consistent with the Land Use Plan. After a lengthy debate on the merits of that approach, the applicant urged the Planning Board to vote on the petition as presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 686 The land is classified as a Resource Protection area. This designation provides for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Residential density cannot exceed 2.5 units per acre. Non-residential uses are permitted provided their impacts are minimized. Staff reported that in 1994 the County denied a request to rezone the property to general use O-I, but the Commissioners felt there was some merit in conditional use zoning, so the applicant was given the opportunity to refile the petition. Subsequently the subject property was rezoned to Conditional Use Office and Institution in January 1995 for general and professional offices. Because no building permit was issued during the site plan’s validity period (24 months), the plan became null and void. A request to re-establish the plan was denied by the County in June 1997. Thus the property was rezoned back to its original R-15 Residential classification. During public debate for the re-approval request, there was considerable opposition noted from property owners in neighboring Woodduck Forest. They were concerned because the office buildings planned would be located too close to their homes, creating negative impacts and disrupting their quality of life. The current petition differs from the others in that the request is only for the first 500 feet of depth. The other petitions included the entire parcel; and the request was for general use O-I, not conditional use. County Policies for Growth and Development encourage O-I districts where transition in land use is needed, for example along major and minor thoroughfares and collector roads to buffer adjacent residential land uses and subdivisions from the busy streets. The single largest impact on the future land use along this stretch of Piner Road is the growth of the commercial node around Monkey Junction. During the past few years, new businesses have been constructed at a phenomenal rate. As the areas along the major access corridors around that node are developed, pressures will mount to accommodate expansion along Piner Road. While precise limits of the County’s commercial nodes are not defined, it becomes important to ensure that the outer fringes of the nodes promote transitional land uses. Otherwise, commercial encroachment will eventually erode the quality of nearby neighborhoods. The central questions arising from this petition are whether or not there is a need to establish a land use transition here, and would the zoning classification be compatible with the existing land use pattern. Staff continues to believe the transition of land use should begin adjacent to the commercial area to the west and proceed eastward. The most significant commercial use affecting this property is the WalMart shopping center complex located across the street from the parcel in question. Although the County approved a rezoning request to convert a residential structure in the area into a small real estate office now zoned CD(O-I), that action may have been premature. Chairman Caster asked if the petitioner would like to comment. Ms. Rudie Malpass, the petitioner, introduced Ms. Nancy Williamson to present the presentation. Ms. Williamson commented on originally being requested to submit an Office and Institution zoning for the property, and she stated now a conditional use is being requested by the Planning Board. Since WalMart is located across the street from the property, the land is not suitable for residential use. She requested the Board to consider rezoning the property Office and Institution as recommended by the Planning Board. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Commissioner Davis asked why the Planning Board and Planning Staff recommended denial. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 687 Planning Director Hayes commented on the number of residential properties in the area and stated the Planning Board felt Office and Institution zoning would open the door to commercial uses near adjacent neighborhoods. Motion: After commenting on Office and Institution zoning being a more appropriate use, Commissioner Howell MOVED to approve the Office and Institution zoning as requested by the MOTION DID NOT RECEIVE A SECOND. petitioner. The No action was taken to approve the rezoning request; therefore the request was denied. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO PROVIDE AN ON-SITE MANAGER’S RESIDENCE AT THE PERSONAL STORAGE FACILITY ON CAROLINA BEACH ROAD Commissioner Howell requested to be recused from voting on this rezoning because of a business relationship. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to recuse Commissioner Howell from voting on the issue because of a conflict of interest. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster opened the Public Hearing, and he explained that the quasi-judicial process requires all persons wishing to testify to step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Attorney Joe Taylor Alan Ambrose William A. Ambrose Planning Director, Dexter Hayes reported the Planning Board voted 4 to 0 to recommend approval of the request as submitted. There was no opposition present. The following preliminary staff findings were presented: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site has adequate water and sewer service. B.The property has direct access to Carolina Beach Road. C.The site is located in the Myrtle Grove Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A dwelling unit incidental to a principal use is permitted by Special Use Permit in the B-2 Business District. The site is zoned B-2 Business. B.The planned use complies with all requirements set forth by Section 72-29 of the Zoning Ordinance based upon the following findings: -The dwelling does not occupy more than 50% of the floor space of the principal use. -All front, side and rear yard setbacks are met. -An area of open space equaling the total floor space of the dwelling is provided on site. -The dwelling unit will be located above the ground floor administrative office. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 688 -Two off-street parking spaces have been provided to serve the dwelling unit. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The dwelling will be located within a commercial building in an area zoned for commercial activities. B.The building will be located on a site devoted almost entirely to personal storage units. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.While most of the non-residential use in this area is located to the north around the Monkey Junction commercial node, there are commercial uses nearby. B.The site and adjoining land to the south is zoned B-2 Business. C.A proposed thoroughfare connection would impact the northwest corner of the property. Chairman Caster asked Attorney Joe Taylor if the petitioner agreed with the findings of fact as presented by the Planning Director. Attorney Taylor advised that the petitioner agreed with the findings of fact as presented. Chairman Caster asked if anyone from the public was in opposition. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to grant the Special Use Permit to authorize an on-site manager’s residence at the Personal Storage Facility located on Carolina Beach Road based upon the findings and evidence concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 24. PUBLIC HEARING TO CONSIDER A REQUEST BY BONNIE MCGHEE TO LOCATE A SINGLE-WIDE MOBILE HOME AT 3227 BELT ROAD Chairman Caster opened the Public Hearing, and he explained that the quasi-judicial process requested all persons wishing to testify to step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Bonnie McGhee Planning Director, Dexter Hayes, informed the Board that a request of this type did not require review by the Planning Board. He noted it would be the responsibility of the Board to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 689 determine if the location of a single-wide mobile home at 3327 Belt Road would conform to the four general requirements. The following preliminary staff findings were presented: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.Water and sewer will be provided by a well and septic tank. Public water and sewer are not available. B.The site has direct access to Belt Road, a public street. C.The site is located in the Castle Hayne Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Single-wide mobile homes are permitted by Special Use Permit in the R-20 Residential District. The minimum lot size is 20,000 square feet. This site contains approximately 21,780 square feet. B.All minimum front, side and rear yards can be met. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.Adjacent land uses consist of other mobile homes and single family dwellings. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.Development in the general area is primarily rural in nature, consisting of individual dwellings and mobile homes on individual lots that equal or exceed the minimum lot area required. Chairman Caster asked if the petitioner would like to comment. Ms. Bonnie McGhee requested the Board to approved the Special Use Permit. Chairman Caster asked Ms. McGhee if she agreed with the findings as presented by the Planning Director. Ms. McGhee agreed with the findings as presented. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to grant a Special Use Permit to Bonnie McGhee to locate a single-wide mobile home at 3327 Belt Road based upon the findings and evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specification of the Zoning Ordinance; the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 690 use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with area in which it is to be located and in general conformity with the plan of development of New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 24. PUBLIC HEARING TO CONSIDER STREET NAMES AND ASSIGNMENTS FOR UNNAMED ROADS WEST OF CAROLINA BEACH ROAD AND LOBOS ROAD Chairman Caster opened the Public Hearing. Planning Director Hayes reported a request was received from Barbara Dinkins to name several unnamed roads west of Carolina Beach Road and Lobos Road to John Henry Drive, Levi Lane, Julia Drive, and Vallie Drive. He advised that all four roads were private unimproved streets with various road access easement widths with the exception of John Henry Drive, which has a right-of-way width of 40 feet. E-911 has approved the four requested names and according to the applicant, most of the residents living along the roads have agreed with the proposed names. If the road names are approved, new street addresses will be assigned. The County will be responsible for installing street signs, and the effective date of the change will occur on November 9, 1998. Chairman Caster asked if anyone from the public would like to speak. Ms. Nancy Williamson referenced the names assigned to the roads and she requested that Levi Lane be changed to Levi’s Lane. Chairman Caster asked if anyone from the public would object to the change proposed by Ms. Williamson. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to name the unnamed streets to John Henry Drive, Julia Drive, Levi’s Lane, and Vallie Lane as petitioned and authorize the assignment of street numbers and placement of road signs to become effective November 9, 1998. 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 30. PUBLIC HEARING TO CONSIDER APPROVAL OF AN ACTION PLAN FOR HUD DISASTER RECOVERY GRANT Chairman Caster opened the Public Hearing. The following Action Plan for use of the $1,853,710 HUD Disaster Recovery Grant was presented by Assistant County Manager Weaver: ? Property acquisition for the south end of Wrightsville Beach ? Construction of a Carolina Beach Fire/Police Station Drainage debris removal (snag and drag) ? Sewer for Castle Hayne - Phases I and II ? Sewer Assistance for Wilmington/Hanby Beach (Low to moderate households) NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 691 Chairman Caster asked if anyone present would like to comment on the Action Plan presented. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the Action Plan as presented for use of the $1,853,710 HUD Disaster Recovery Grant. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR THE BOARD OF EDUCATION TO ACQUIRE 17.7 ACRES OF PROPERTY ON NORTH 25TH STREET AND PRINCESS PLACE DRIVE FOR REPLACEMENT OF THE SNIPES ELEMENTARY SCHOOL BUILDING County Manager O’Neal reported the Board of County Commissioners received a request from the Board of Education to acquire 17.7 acres of property on North 25th Street and Princess Place Drive at a cost of $398,250 to replace the Snipes Elementary School Building. Pursuant to NCGS 115C-426(f), the acquisition of property must be approved by the Board of County Commissioners. The School System has completed a Phase I Environmental Assessment, a Preliminary Wetlands Determination, Subsurface Investigation and two real estate appraisals of the property. This information along with the architect’s site assessment and preliminary site layout confirm that the site is suitable for the proposed elementary schools. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to authorize the Board of Education to purchase the 17.7 acres of property on North 25th Street and Princess Place Drive at a cost of $398,250 to replace the Snipes Elementary School Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 10:20 p.m. to hold a regular meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 10:23 p.m. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION County Attorney Copley requested the Board to convene to Closed Session pursuant to NCGS 143-318.11 to consult and provide direction to the attorney. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to convene to Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened the meeting to Closed Session at 10:24 p.m. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 10:59 p.m. He reported that no action was taken in the Closed Session Authorization for Emergency Management to Submit Grant Applications for Federal and State Assistance Chairman Caster requested the Board to consider a request to submit grant applications for federal and state assistance to begin the reimbursement process for Hurricane Bonnie. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to authorize the filing of the state and federal grant applications, authorize the County Manager to sign the State NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, SEPTEMBER 8, 1998PAGE 692 Assistance Agreement, designate the County Manager as the Applicant’s Agent, and authorize the Chairman to execute the Applicant’s Agent form to begin the reimbursement process for Hurricane Bonnie. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:05 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board