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1998-10-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 719 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 5, 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: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Vice-Chairman Robert G. Greer was absent. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Chairman Caster welcomed Dr. Tom Barth, University of North Carolina at Wilmington, and his Public Administration Class in attendance at the meeting. Chairman Caster announced that Vice-Chairman Greer was visiting the country of Germany along with other members of the National Association of Counties. They had an opportunity to work with local governments in Germany. APPROVAL OF CONSENT AGENDA Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the Consent Agenda Items. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Land Trust Work Session, September 3, 1998 Regular Meeting, September 8, 1998 Hospital Work Session, September 17, 1998 Regular Meeting, September 21, 1998 Closed Session, September 21, 1998 Ratification of Resolution to Allow Contractors to Enter Private Property and Roadways within New Hanover County for the Purpose of Removing Vegetative Debris Caused By Hurricane Bonnie The Commissioners ratified the Emergency Proclamation that was adopted by telephone poll on September 8, 1998. Verbal approval was granted to adopt the resolution that allows contractors to enter private property and roadways for the purpose of removing vegetative debris caused by Hurricane Bonnie. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 31. Adoption of Drug and Alcohol Policy for the Public Transportation Services The Commissioners adopted an update to the County’s drug and alcohol policy for its NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 720 public transportation service (New Hanover Transportation Services). To continue receiving funding from the Federal Transit Administration, the County must comply with revised Section 5311 regulations. The private operator with whom the County contracts to provide transportation services to County residents will insure the policy is adhered to at its own expense. Award of Bid #99-0096 (Contract #99-0096) to Bob King Pontiac GMC, Inc. to Purchase Three (3) Full-Size Four-Door Vehicles for the Sheriff’s Department The Commissioners adopted a resolution awarding Bid 99-096 to Bob King Pontiac GMC, Inc., the lowest responsible bidder, to purchase three (3) full-size, four-door vehicles. Funding for the purchase of the vehicles will be provided from federal seizure funds. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIV, Page 31. Acceptance of North Carolina Division of Forest Resources Urban and Community Forest Grant Awarded to the New Hanover County Urban Forestry Education Program and Approval of Budget Amendment 99-0029 The Commissioners accepted a grant award from the North Carolina Division of Forest Resources Urban and Community Forestry, in the amount of $4,884.00, for the Urban Forestry Education Program. The Cooperative Extension Service will conduct an educational campaign to raise the awareness and to promote proper maintenance of the urban forest. Budget Amendment 99- 0029 was approved to budget the grant award. Budget Amendment 99-0029 - Cooperative Extension Service Debit Credit Urban Forestry Grant$4,884 Cooperative Extension Expenses$4,884 Purpose: To budget the grant awarded for the Urban Forestry Education Program. Approval of Amendment to BMS Contract on the Space Study Update of the County Administration Buildings The Commissioners approved an amendment to the contract with BMS Architects for additional services regarding the Space Study Update. The amendment will increase the contract price to a maximum of $24,500 to include expanding the scope of work in the evaluation of other sites. Budget Amendment 99-0032 was approved to increase the budget for expanded scope of work. Budget Amendment 99-0032 - Contingencies/Non Departmental Debit Credit Contingencies Contingency$9,500 Non-Departmental Contracted Services$9,500 Purpose: To increase budget for the amended contract to BMS Architects Approval of Funding Match For Multi-modal Transportation Facility Study The Commissioners approved funding, in the amount of $2,694, as a required local match for the Multi-modal Transportation Facility Study, as requested by the Wilmington Urban Area Transportation Advisory Committee. The study’s scope of work will examine the need for a transit transfer center as a means of enhancing transit ridership and operations efficiency, as well as investigate the following issues: passenger rail service, downtown transit facilities, pedestrian connections, tourism, the coordination and location of parking facilities and requirements. Eighty percent of the total cost of $59,800 will be funded by the State. Budget NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 721 Amendment 99-0033 was approved to budget the County’s share. Budget Amendment 99-0033 - Contingencies/Outside Agencies - Economic and Physical Debit Credit Contingencies Contingency$2,694 Outside Agencies/Economic & Physical City of Wilmington $2,694 Purpose: To increase budget for the County’s share of the cost for a Multi-modal transportation facility study. Approval of an Installment Purchase Contract (#99-0122) with Heller Public Finance, LLC for Financing of Equipment and Approval of Associated Budget Amendment #99-0034 The Commissioners adopted a resolution authorizing the approval of Contract 99-0122 with Heller Public Finance for financing the purchase of equipment (800 MHZ radios for the Sheriff’s Department, bulldozer for the Landfill, and dump trucks for Environmental Management). Budget Amendment 99-0034 was approved to budget funds for repayment of this year’s portion of the loan. Budget Amendment 99-0034 - Various Departments Debit Credit General Fund: Sheriff’s Department/Administration: Installment Loan Proceeds$920,000 Departmental Supplies $93,300 Capital Outlay - Equipment$826,700 Environmental Fund: Landfill Operations: Installment Loan Proceeds$380,000 Capital Outlay - Equipment$300,000 WASTEC/Operations: Motor Vehicles $80,000 Purpose: To budget installment loan proceeds for financing 800 MHZ radio equipment for the Sheriff’s Department, 2 dump trucks for the WASTEC Operations, and a bulldozer for the Landfill. The items were approved in the current budget to be purchased through installment financing. The budget amendment is for accounting purposes only. Acceptance of 1998-99 HUD Cooperative Agreement Continuation Grant for the Human Relations Commission The Commissioners approved the HUD Cooperative Agreement for the Fair Housing Assistance Program, in the amount of $25,200, for the Human Relations Commission. Budget Amendment 99-0036 was approved to adjust the budget in the amount received, $25,200, and to rollover $850 from FY1997-98. $27,000 was budgeted. Budget Amendment 99-0036 - Human Relations/HUD Grant DebitCredit HUD Grant$950 Human Relations - Contract Services$950 Purpose: To adjust budget to the amount of FY 1998-99 HUD award ($25,200) and FY1997-98 rollover amount. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 722 Approval of Budget Amendment #99-0031 for the County Library The Commissioners approved the following budget amendment: Budget Amendment 99-00313 - County Library Debit Credit Partnership for Children Grant$23,100 Salaries$14,400 FICA $1,150 Supplies $1,100 Travel $850 Telephone $72 Printing $300 Books $5,228 Purpose: To budget the first quarter allocation of grant funds for the Library’s Partnership for Children grant Approval of Budget Amendment #99-0035 - Finance Department The Commissioners approved the following budget amendment: Budget Amendment 99-0035 - Finance Department Debit Credit Hurricane Bonnie FEMA - Federal$3,500,000 Salaries $400,000 Contract Services $3,100,000 Purpose: To increase budget for anticipated expenditures/revenues related to Hurricane Bonnie Approval of Budget Amendment #99-11 - Engineering/Planning The Commissioners approved the following budget amendment: Budget Amendment 99-11 - Engineering/Planning Debit Credit Kirkland Capital Project Transfer in from Fund 800 $46,000 Capital Project Expense$46,000 Sewer District Appropriate Fund Balance$46,000 Transfer to Sewer Capital Project$46,000 Purpose: To increase budget in Fund 835 (Kirkland Capital Project) for revenue transferred from Sewer District (Fund 800). The funds are necessary to complete the project. PRESENTATION OF PLAQUE TO EMT PARAMEDIC LARRY GURGANIOUS Chairman Caster, on behalf of the Board, presented a plaque to Larry Gurganious, an EMT paramedic with New Hanover Regional EMS, in recognition of his quick response and ingenious thinking that saved the life of Brandon Laws. Paramedic Gurganious removed a cherry tomato that was blocking the airway of the four-year-old child. Mr. Gurganious was an employee of the County’s EMS Department when the event occurred. Chairman Caster introduced Mr. Gurganious’s wife and daughter; Dr. William K. Atkinson, President and CEO of New Hanover Regional Medical Center; Mr. J. E. Woodard, Jr., Chief, Emergency Medical Services; and Mr. David Nobles, Assistant Chief, Emergency NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 723 Medical Service, as those in attendance with Mr. Gurganious. PRESENTATION BY U. S. ARMY CORPS OF ENGINEERS ON PROPOSAL TO INCORPORATE WETLAND CONSIDERATIONS INTO THE NEW HANOVER COUNTY PLANNING REVIEW PROCESS Mr. Ernest Jahnke, Manager of the Wilmington Regulatory Field Office of the U. S. Army Corps of Engineers, spoke regarding the Corps’ proposal to incorporate wetland consideration into the County’s subdivision review process. He requested the County to require wetland delineation on preliminary development plans when the plans are submitted to the County Planning Department for approval. In February 1997, the Board had postponed voting on the request because of the need to study wetland delineations in more detail. Dr. Courtney Hackney, of the University of North Carolina at Wilmington, conducted a workshop on wetland delineations and discussed his experiences as a consultant working with environmental and development issues in Florida. Since then Dr. Mallin, of the University of North Carolina at Wilmington, presented findings of a four-year tidal creek study to the Board. The data showed a strong relationship between development in low-lying areas and water quality problems near the creeks. Mr. Jahnke explained the Corps believes many water quality, drainage, and flooding problems in New Hanover County are caused by the destruction of wetlands. The natural function of wetlands is to perform as water storage areas and pollutant filters. Sediments, toxins and other pollutants are filtered in wetlands by the retention and slow release of surface water and plant intake. Natural wetland areas reduce downstream flooding in the watershed as the wetland holds and absorbs surface water and allows slow release during periods of high precipitation. The County can address the use of wetland in the planning process by requiring a wetland survey. Developers will know which areas to avoid or if they should apply for federal or state permits. The Planning Department will use the surveys to make density determinations. There will be no expense to the taxpayer or to the County. The Corps would like for the County to participate as a partner in the process to reduce the accumulative loss of wetlands. Because of the explosive commercial and residential development that has occurred during the past decade, flooding and drainage problems have increased. As impervious surfaces increase and wetlands decrease, flooding problems will become worse. Mr. Jahnke stated more consideration should be given to wetland and its natural function in the planning process in order to address the flooding and drainage problems in the county. As the Star News reported on July 28, 1998, taxpayers have paid $80,000 for the Pages Creek Drainage Study. The study determined the costs of protecting the watershed as: $287,000 for culvert replacement, $4.6 million to clear streams, $32.4 million to mitigate estuarine damage to water quality, and $16 million to purchase protective property along the water front. Recently, the City of Wilmington notified property owners of a monthly stormwater fee, based on the amount of impervious surfaces on the property. The City was responding to its responsibility of protecting public health, preventing erosion, and safeguarding the environment. Expanding stormwater services are needed to adequately protect life, property, and water quality. By considering the function of wetlands early in the planning process, future tax increases and expenditures for costly stormwater infrastructure and maintenance will be reduced. A wetland delineation is certified as accurate for five years, thereby allowing site planning over a long term. Mr. Jahnke assured the Commissioners that the development community will receive timely responses from the Corps for verification and certification of the survey delineations. The Wilmington Regulatory Field Office has promised to respond within two weeks of a request to perform a survey. Jeff Richter, Regulatory Specialist in New Hanover County, will perform the surveys and Scott McLendon will provide assistance. If wetland impacts are unavoidable, the developer can submit an early application for a NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 724 permit and will not be delayed. A wetland survey facilitates permit review by many state and local regulatory agencies concerned with water quality, stormwater plans and other related issues. The Corps urges the Commissioners to adopt the regulations. Commissioner Davis asked why the Corps stops construction on a project when wetlands have been found on the property. Mr. Jahnke responded the Corps can stop a project when the wetlands are discovered until a permit is received, because it is a violation of federal law to build on wetlands. If the wetland areas are identified before construction begins during the preliminary plan stage, future delays can be avoided. The Corps determines if the property is useable or if the plan needs to be redesigned to reduce the impact to those areas. Commissioner Davis requested Mr. Jahnke to define the growing season of wetlands and he asked if the developer can appeal the Corps’ decision. Mr. Jahnke responded if the Corps denies a permit, it then becomes a legal matter or a “takings” issue. The Corps is developing an appeals process so the courts will not need to hear the appeal. Wetlands are defined by three perimeters: vegetation, soils and hydrology. The growing season refers to the hydrologic aspect of the land that is saturated or near the surface for at least 5% to 12% of the growing season. The Corps uses the County soil survey, which gives the beginning and ending dates of the growing season for New Hanover County, based on the 28-degree temperature. Commissioner Davis questioned whether the Corps can guarantee a developer that a delineation can be done in two weeks since the Corps is understaffed. Mr. Jahnke responded the Corps felt the situation in New Hanover County needs to be addressed immediately. Mr. Richter, who works in the Coastal Area Management process, has agreed to accommodate the development community. Chairman Caster stated that when the Corps first presented the proposal in February 1997, many people were confused and felt the Corps wanted the County to perform the surveys. He noted the County has been involved in developing a Comprehensive Plan, which discusses the need to protect wetland areas. Commissioner Birzenieks asked who will pay for the wetland surveys if the taxpayers are not going to pay. Mr. Jahnke explained the developers will pay for the delineation and certification process. Commissioners Birzenieks commented that ultimately the homeowner will bear any expense of the developer. Although everyone wants to protect the wetland areas, New Hanover County is becoming a very expensive place to live. The cost of the surveys ultimately will be passed on to the homeowners. Mr. Jahnke replied when development occurs in the wrong area, the taxpayer or the homeowner again bears the expense of correcting the problem. Chairman Caster opened the discussion to a couple of individuals in the audience saying a longer public debate will be allowed in the near future. Mr. Bill Grathwol, a developer, spoke concerning the problem of delaying the preliminary plan process. He suggested a wetland survey could be performed prior to the recording of a final plat. Sometimes when property is purchased with the intent of developing, a wetland survey is performed. If there is a large amount of wetlands on the property, the developer may decide not to purchase. However, a developer will purchase a controllable amount of wetlands and proceed in developing a preliminary plan. When property is under option to purchase and the Planning Department does not NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 725 approve the preliminary plan, negotiations are ended. If the plan is approved and the wetland areas are minimal, negotiations between the buyer and seller will continue. Mr. Grathwol felt developers will support wetland surveys being performed after the approval of preliminary plans because they do not want to violate wetland areas. In clarifying the definition of growing season, Mr. Grathwol explained that 5% of the 240 day growing season is about 14 days. If the soil is saturated for 14 continuous days and the rainfall is normal, the property is classified as wetland. It does not matter that the property is on a hill or if the hardpan is beneath the sandy soil. A large percentage of the remaining undeveloped land in the County will probably be classified as wetland. The Commissioners have addressed stormwater runoff in subdivisions by requiring pre- and post-runoff to be constant. Additionally, another ordinance requires stormwater management in subdivisions to retain the first inch of water in ponds. Mr. William J. Hart, President of Council of Neighborhood Associations, endorsed the proposal to amend the Zoning, Subdivision, and Conservation Overlay District Ordinances to require delineation of federal jurisdictional wetlands on all plats and other plans submitted for permits to build within the county. He reminded the Board of Professor Malcolm’s recommendation to identify and install a management system for the backbone stream system in which wetlands are a significant part. He further requested the Board to allow experts to develop criteria for use in defining those areas of long-term economic and ecologic values to require delineation and management of wetlands in order to protect the public health, safety, and welfare of citizens in New Hanover County. As Mr. Grathwol pointed out, a very large percentage of the remaining undeveloped land is hydric in character and drains poorly. Part of the comprehensive plan process is to consider special treatment of areas with hydric soil. While maintaining the objective of high water quality, the property should be analyzed to see how the property can be used. Mr. Hart showed an overhead slide that illustrated how the City of Wilmington addressed a proposed subdivision with wetlands as delineated by a consulting engineering firm for the developer. In the initial plat, a parking lot was proposed in the middle of a 404 wetland area. The City’s staff worked with the developer in arranging the plat by moving the parking area away from the wetland. No retention pond was needed and the cost to the developer was significantly less in constructing the same number of units. Wetland areas have an aesthetic value and serve as surface water flow retention facilities. He urged the Commissioners to adopt ordinances to delineate wetland on subdivision plats. Chairman Caster asked Mr. Grathwol when a developer hires a consultant to delineate the wetland. Mr. Grathwol responded that he hires a consultant to flag wetland areas after he purchases the property. If significant wetlands are noted, he considers draining the area before the Corps is asked to give a final wetland recommendation. A rim ditch is dug to de-water the wet areas. Sometimes a property can be used after installing permanent drainage. A soil scientist or botanist can determine the kind of soil and its draining characteristics. Chairman Caster stated the County will need to conduct a work session with the Corps and those whom the regulations affect. The draft Comprehensive Plan addresses the protection of coastal and federally regulated wetlands through early identification of wetlands in the development process and review of the development plans to avoid or minimize impacts. After discussion on the need to more thoroughly explore the issues involved, the Commissioners agreed to conduct a work session with the Corps and development community. Chairman Caster, on behalf of the Board, expressed appreciation for the comments made on the Corps’ proposal. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 726 CONSIDERATION OF AMENDMENTS TO LEASE AGREEMENT WITH NEW HANOVER REGIONAL MEDICAL CENTER Chairman Caster reported on the need to amend the lease agreement with New Hanover Regional Medical Center by extending the lease beyond five years. The bond counsel felt that the term of the lease should be the length of the bond. Mrs. Rountree, Chairman of the Trustees, had suggested to extend the lease agreement to 99 years. County Attorney Wanda Copley stated traditionally lease documents are extended through the life of the debt. Discussion occurred on the 90 day termination provision in the lease which allows the County to give the hospital a 90 day notice if the lease is to be terminated. The procedure calls for a public hearing to be held on terminating the lease. Concern has been expressed by some of the trustees that the clause should be deleted and the lease should be for either a 99 year or 30 year term. Bond counsels have discussed the termination clause at previous meetings and it has never prevented a financing of a bond from occurring. Mrs. Rountree, Chairman of the Board of Trustees, spoke of the Trustees’ concern that the clause takes away the importance of an extended term. She respectfully requested the Board to approve the term of lease and to delete Section 03.03 concerning the 90-day termination provision. Commissioner Birzenieks commented that the term of the lease should be amended because the lease is connected to financing and debt service requirements; however, the 90-day termination clause is not a financial issue and does not affect the bond rating. Mrs. Rountree replied that the clause, as pointed out by the Hospital’s attorney, Dumay Gorham, seems to be a contradiction. Although the lease may be for 30 years, the clause allows the lease to be terminated in 90 days without cause. The bond counsel has mentioned that they would rather have the clause removed; nevertheless, they have not refused any loans because of it. Commissioner Birzenieks replied the clause is an issue of control by the Board of Commissioners. Mrs. Rountree spoke of the trust between the Commissioners and the Board of Trustees. She felt that the clause will never be used; therefore, it is not needed. As a matter of good faith, she requested the Board to remove the termination clause from the agreement. Commissioner Davis commented on the trust of the Commissioners in the Board of Trustees. If the Commissioners did not trust the trustees, they would not have appointed the individuals serving as members. Chairman Caster commented on the strong feelings of the community about the hospital. The Board must answer to the citizens of New Hanover County, who desire the Commissioners as elected officials to have some control or influence over the hospital. He agreed to changing the length of the term. Commissioner Birzenieks spoke of the Commissioners’ need to have adequate time to study the issues that come before the Board in order to make the best decision. Mr. Gorham and Ms. Copley faxed copies of the lease earlier in the day and he did not have sufficient time to study and understand the thirty page lease agreement. He suggested the entire Board may need to discuss the issue at a later time. Chairman Caster asked if the length of the lease needed to be addressed at this time. Attorney Copley responded that in discussions with bond counsel concerning the financing, a revised lease will be needed by the end of October. A TEPRA hearing and other criteria will need to be scheduled before the bonds can be sold. Motion: Commissioner Birzenieks MOVED, to extend the hospital lease to 30 years and to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 727 postpone consideration of the 90-day termination clause. Substitute Motion: Commissioner Davis MOVED, SECONDED by Commissioner Howell, to extend the term of the lease to 30 years and to deny the request to delete the 90-day termination clause in the lease agreement. Upon vote, the MOTION RECEIVED A TIED VOTE AS FOLLOWS: Voting Aye:Commissioner Davis Commissioner Howell Voting No:Commissioner Birzenieks Chairman Caster Absent:Vice Chairman Greer County Attorney Copley advised that the 90-day termination provision will make a 30-year lease ineffectual if the lease can be unilaterally terminated. Original Motion: Chairman Caster SECONDED the original motion made by Commissioner Birzenieks to extend the hospital lease to 30 years and to postpone consideration of the termination clause. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT TO WILLIAM MAYO IN ORDER TO EXPAND HIGHLAND PINES MOBILE HOME PARK, AT 6324 AND 6326 GORDON ROAD, BY ADDING 18 NEW SPACES. (S-434, 9/98) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director William Mayo, Petitioner Planning Director Dexter Hayes reported that Highland Pines Mobile Home Park is an existing facility consisting of 43 spaces. The current owner purchased the mobile home park in 1982. At the time it consisted of 17 spaces. Nineteen additional spaces were approved later that same year. In 1984, authorization was granted to expand the park by 7 spaces. The Planning Board voted unanimously to recommend approval subject to Staff’s recommendation to provide a road connection between the main park and lots 1-12, and the placement of a turn-around at lots 15e and 15f to accommodate emergency vehicles. The Board believed the expansion was consistent with the existing land use pattern and would not impact property values in the vicinity. There was no public comment at the Planning Board meeting except for the applicant. The petitioner has incorporated the Planning Board’s concerns about circulation and interconnections into the revised site plan. Planning Director Hayes presented the following preliminary staff findings: 1.The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A.The site will be served by an on-site private water system and county sewer. B.The site has direct access to Gordon Road C.The site is located in the Ogden VFD District. D.None of the spaces is located in the regulatory flood plain. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A.A site plan pursuant to local requirements has been submitted. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 728 B.The site is zoned R-15. Mobile home parks are permitted by special use permit in this district. C.None of the spaces is located in the 100 year flood plain. D.The spaces are also located beyond the boundaries of the swamp forest resource that runs parallel to the creek along the tract’s western border. Applicable setbacks can easily be met. 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. A.The area planned for expansion is within the boundaries of the parent parcel that now contains the existing mobile home park. 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. A.The development pattern of the area consists of mobile homes, double-wides, single family dwellings, and a church. B.Mission Hills, a double-wide subdivision, borders the mobile home park to the east. C.Land along the site’s west side is heavily wooded. The border is formed by a small creek that is part of the Smith Creek watershed. The County maintains a sewer line and easement along the creek. Chairman Caster asked Mr. Mayo if he agreed with the staff findings as presented and if he would comply to the requirements. Mr. Mayo concurred with the findings as presented and agreed to the requirements. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to grant the Special Use Permit to William Mayo to expand Highland Mobile Home Park by adding 18 new spaces based upon the findings of facts 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 specifications of the Zoning Ordinance; the use will not substantially injure the value of the 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 4 TO 0. 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 ERNEST PUSKAS TO AMEND THE ZONING ORDINANCE BY ELIMINATING ATTACHED HOUSING AS A PERMITTED USE IN THE RA RURAL AGRICULTURE DISTRICT (A-291, 9/98) Chairman Caster opened the Public Hearing. Planning Director Dexter Hayes reported that the text amendment was submitted by Ernest Puskas, a property owner living in the Castle Hayne neighborhood. The Rural Agriculture District classification does correspond with the Castle Hayne area, which was the last area of the County to be zoned for that classification in July 1985. The Planning Board voted 5 to 1 to recommend denial of the petition as submitted. The majority felt the elimination of performance development and attached housing opportunities, even in the Rural Agriculture District, would deprive the County of useful development tools, especially for sites with sensitive environmental areas that could be conserved. They also felt NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 729 it would be generally inconsistent with the Land Use Plan’s residential policies that promote a wide variety of housing opportunities. They also seemed to agree that density limitations in the RA District were sufficiently low to preserve the area’s generally rural character. One property owner did speak in opposition at the Planning Board meeting saying that the elimination of attached housing, such as duplexes, was unnecessary because of the minimum lot size requirement of 50,000 square feet for duplexes. However, the petitioner argued that the definition of the RA District which promoted single family uses, farming, and rural lifestyles was contradicted by allowing attached housing in the area. Proposed Revisions by Applicant (noted in boldface italics) 59.5-1 Rural Agriculture District (7/1/85) The RA Rural Agriculture District is established as a district in which the principal use of the land is for low density single family residential purposes. The regulations of this district permitting encourage rural farming activities, the preservation of open space and development compatible with the preservation of its rural character and providing limited growth. The district is designed to promote exurban, low density residential development not Duplexes, requiring urban services while maintaining prime farm land and a rural lifestyle. residential clusters, attached residential, and high density attached residential uses shall not be permitted. Mr. Ernest Puskas, a resident of 501 Prince George Avenue, stated he had lived in the Castle Hayne area for sixty years and had enjoyed the rural lifestyle of the community. He expressed the desire of the community to retain its RA District, which is the last area of the county that is zoned as an RA District. He spoke of his service to the County as a past member of the Planning Board and the Growth and Development Study Committee. Currently, he serves on the Comprehensive Plan Steering Committee with Chairman Caster and Commissioner Birzenieks. Although there are many attractive housing developments in the county, the residents of Castle Hayne would like to remain single family dwellings and not allow townhouses and apartments. The description of the RA District is designed to promote exurban, low-density residential uses that do not require urban services; however, the Table of Permitted Uses is contradictory to the description. The R-20S District does not allow mobile homes (which is not included in this petition), duplexes, residential clusters, attached residential, and high density attached residential uses. He requested the Board to preserve the Castle Hayne area in a similar fashion and to maintain its prime farm land and rural lifestyle. Mr. Tom Radewicz, a resident of 3725 Marathon Avenue, spoke in support of the proposed text amendment. As Castle Hayne is the only open area in the County, developers will want to build as soon as the area has water and sewer services. He urged the Commissioners to protect the community through the County’s Zoning Ordinance and Comprehensive Plan and approve the proposed text amendment. Mr. Buddy Allard, a resident of 202 Eggert Avenue in Castle Hayne, spoke of the need to protect the rural neighborhood. Although raised in the Bayshore Estates area of New Hanover County, he moved to the Castle Hayne area in 1992 to raise his children in the serene environment. He asked the Commissioners to preserve and protect the rural lifestyle through the zoning regulations. In recent years, people moving into the area continue to purchase and build homes on large tracts of land that is consistent with the area. Although the community realizes that they cannot stop growth and progress, he felt the area should be protected because of its uniqueness in the county. Mr. Craig Braak, a resident of 515 Prince George Avenue, spoke of being a third generation owner of a farm that has been in existence since the 1920s. Many of the properties remain in the same families and the owners are unwilling to relinquish the property to a different type of development. He urged the Commissioners to approve the proposed text amendment to keep the rural agricultural atmosphere of the Castle Hayne area. Commissioner Davis asked Mr. Puskas if staff’s recommended language of the text amendment was acceptable to him. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 730 Director Hayes explained that the primary difference in the wording of the two proposals was that staff did not include a prohibition against duplexes. Duplexes require 50,000 square foot lots under the Special Use Process. Individual lot sizes are 30,000 square feet. Mr. Puskas responded that he felt no duplexes should be allowed in the rural area. He requested the Commissioners to allow staff to work with the people of Castle Hayne to write the specific language needed to protect the area if the Board did not agree with the proposed text. Some of the boundaries in the Rural Agriculture District may need changing to R-20. He spoke of his concern that none of the Planning Board members live in the Castle Hayne area or were familiar with the area that they were discussing. The people who owned the land were present at the meeting. At some point, government of the people, by the people, and for the people should be regarded. Chairman Caster asked Planning Director Hayes if there would be a problem using the verbiage proposed by Mr. Puskas that “duplexes, residential clusters, attached residential, and high density attached residential uses shall not be permitted.” Director Hayes responded that those types of housing choices are more affordable and the only housing alternatives for some individuals. If a 30,000 square foot lot is required for each house, the cost of housing may be prohibitive to some individuals. Duplexes and mobile homes are permitted with a Special Use Permit. Originally, the area was zoned for large lot sizes and most are 10-acre tracts that have been retained in the original mini-farm configurations. The 30,000 square foot lot size was a compromise for the area. Another concern is in the environmental process of setting aside open space as a part of the performance residential requirements. The County’s regulations allow the acreage near a creek to be counted while the units are clustered outside of the area being preserved. The overall density is the same, but the houses are clustered based on the total acreage. The proposed regulation does not allow residential clusters. Chairman Caster commented that the community is a very unique area of New Hanover County and he felt that protection was needed. Director Hayes pointed out that administrative changes were needed in the Table of Permitted Uses by deleting the sections to be consistent with the amendment. Motion: Commissioner Birzenieks agreed that it was important to preserve the area’s heritage; therefore he MOVED, SECONDED by Commissioner Howell, to approve the text amendment as submitted by Mr. Puskas and to include the administrative changes to the Table of Permitted Uses. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 31. AUTHORIZATION TO SUBMIT THE DRAFT WILMINGTON - NEW HANOVER COUNTY COMPREHENSIVE/CAMA PLAN UPDATE TO THE DIVISION OF COASTAL MANAGEMENT FOR REVIEW AND COMMENT Mr. John Jefferies, Chairman of the Comprehensive Plan Steering Committee, reported that the final draft of the City-County Comprehensive Plan is ready for submission to the State for review and comment. Suggestions have been received from many diverse groups who have an interest in the comprehensive plan. Input has been received from citizens, elected officials, and interest groups. A public forum was televised for the community. The Steering Committee has worked diligently to get the language in the plan that all citizens can accept. Work will continue by including input from the Commissioners, Coastal Resources Commission, and citizens. The Steering Committee is committed to remaining active in the process until the plan is formally adopted. He requested the Commissioners to release the document to the State for its review and comment. After the State review process, the draft Comprehensive/CAMA Plan Update will be returned to the Steering Committee, Board of Commissioners, and City Council for public hearing consideration in the Spring of 1999. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 731 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to authorize the submittal of the Draft Comprehensive Plan to the Division of Coastal Management for review and comment. Upon vote, the MOTION CARRIED 4 TO 0. CONSIDERATION OF REQUEST BY THE COMPREHENSIVE PLAN STEERING COMMITTEE FOR THE COUNTY TO FUND THE HIRING OF A CONSULTING FIRM TO CONDUCT A LAND USE DESIGN CHARETTE Planning Director Hayes reported that a land use design charette will give the Comprehensive Plan Steering Committee guidelines in developing the Unified Development Ordinance. Some of the scenarios may not be applicable to the City and County Zoning and Subdivision regulations, which the Committee will need to incorporate. Mr. Glenn Richardson, a member of the Comprehensive Plan Steering Committee and the Chairman of the Wilmington Planning Commission, spoke on the need to address concerns as in the planning item for the Castle Hayne text amendment and the Pages Creek Watershed Study. The design charette can be a tool to have the community involved in establishing the goals of an area and to formulate implementable ordinances. As an example, the process will consider how to maintain the rural quality of the Castle Hayne area. Commissioner Birzenieks spoke in support of the process, but felt that local consultants should be used instead of hiring consultants who do not pay North Carolina or New Hanover County taxes. He asked if there were consultants in the architectural community or experts at UNCW who could be hired for the project. Mr. Richardson responded on how hiring local firms may raise the criticism of self interest or representing certain special interests. Hiring a consultant from out of the area will bring a neutral party into the process who will be more objective instead of having a certain point of view. Secondly, he noted the area does not have a firm that specializes in drafting design documents that can relate to ordinances. Although several urban designers or land use firms are in Southeastern United States, only one firm is found in North Carolina. The proposal from the Charlotte firm was four to five times more expensive than the recommended firm. Mr. Richardson advised that the two or three day process will include discussions of several areas of the County, such as the Military Cutoff Road area. Through these discussions, a design plan or a sketch is drawn to show how an area can be developed. The second process includes issues, such as water quality, and can include educational seminars where scientific research can be presented on the causes of water quality degradation. Discussions will center around developing ordinances that will be accepted by the land owners, environmentalists, and others. It will be a public event that will include elected officials and representatives from the Community Growth Task Force, Wilmington Planning Commissions and County Planning Board. Chairman Caster reported that the Steering Committee had mixed feelings on the proposal initially, but after Friday’s meeting everyone agreed on the importance of conducting the charette. Furthermore, Chairman Caster recommended that the County pay the full $35,000 instead of sharing the cost with the City. In discussions with the City on consolidating departments, the County had agreed to more equitably fund joint projects by paying two-thirds of the cost. However, in good faith, he had offered to pay the total amount of $35,000. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to approve the funding in the amount of $35,000 to hire a consultant to perform a land use design charette as recommended by the Wilmington-New Hanover County Comprehensive Plan Steering Committee. Upon vote, the MOTION CARRIED 4 TO 0. DISCUSSION ON BOND REFERENDUM FOR ACQUISITION OF GREENSPACE Chairman Caster reported that after several discussions about purchasing Airlie Gardens and the Greenview Ranches area, the Board felt the County needs to preserve more greenspace for future parks, school sites, and natural areas. The question was asked if the citizens of the County would support a bond referendum for the issuance of $50 million general obligation NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 732 bonds to purchase greenspace. Commissioner Birzenieks expressed support for the bond referendum and suggested to move forward in establishing a time line. He asked how soon the County could have the referendum before the voters. County Manager O’Neal responded that there will be two elections in 1999: October 5, 1999 for a City election and November 2, 1999 for a possible City runoff election and the standard election for the beach communities. However, the Commissioners can call for a special election as long as publication of notice is given 30 to 45 days prior to the election. County Attorney Copley advised that bond counsel will need to be notified immediately to draft the language for the ballot. Commissioner Birzenieks asked how much a special election will cost the taxpayers. He felt an ad hoc committee should conduct a study to show the support of a referendum. Commissioner Davis asked why the County would have a bond referendum to purchase green space and park land, but not have a bond referendum on the purchase of Airlie. County Attorney Copley responded that the bond referendum is required because the County will need to pledge full faith and credit as the taxing authority that it will pay for the purchase of a large amount of greenspace. Airlie Gardens is a small segment of land that the County can finance without issuing a bond. The time factor was another concern in purchasing Airlie Gardens. Commissioner Birzenieks asked if some of the money from the bond referendum could be used to pay for Airlie Gardens. County Attorney Copley responded that the bond counsel will draft the question for the bond referendum. It may require more technical language than pledging for the purchase of greenspace and may need to list Airlie Gardens as park land for an arboretum. Chairman Caster commented on the need to have an ad hoc committee determine how much land is needed for park and school facilities, how much land is available, and the costs of purchasing the properties, as quickly as possible for a bond referendum. Mr. Jack Bragg, Chairman of the Parks Advisory Board, spoke on how the previous $5 million bond referendum was spent: $2 million was spent on the Senior Citizens Center; $2 million to purchase 140 acres in Ogden, 54 acres in Castle Hayne, 12 acres in Wrightsboro, and 11 acres on River Road; and $1 million was spent to design and develop Ogden and Castle Hayne Parks. The County applied for federal and state grants and received more than $500,000 to supplement the County’s money. The Advisory Board has discussed the need to develop a new master plan for parks that will consider joint City and County needs. Camilla Herlevich, a former board member, helped to establish the New Hanover County Parks Foundation. Current members are Ms. Herlevich, Vice Chairman Greer, and Mr. Bragg. Those members will need to appoint two additional members. The Foundation was formed to allow citizens of New Hanover County a means to donate trees and land. Additionally, the Foundation can provide support for a bond issue. Chairman Caster asked if the Foundation should be the group to perform the feasibility study for a bond referendum. Commissioner Birzenieks suggested the Ad Hoc Committee consist of five members of the Foundation and two representatives from the school system. Chairman Caster directed the Parks Director and County Manager to work with Mr. Bragg and Vice-Chairman Greer to form the Committee membership. He suggested contacting Eddie Anderson and/or Diane Avery to represent the schools. The County Manager was further NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 733 directed to report on the formation of the Committee and the time frame for proceeding with the bond referendum at the next meeting. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to direct staff to proceed in working with Mr. Bragg to establish the Ad Hoc Committee with members of the Parks Foundation and to recommend a time frame for proceeding with a bond referendum with the intent to go before the citizens of New Hanover County no later than October or November 1999. Upon vote, the MOTION CARRIED 4 TO 0. Mr. Andy Wood, a resident of 214 Hooker Road, spoke of the need to retain open green space in the County to protect the plants and animals that are endemic to New Hanover County. Southeastern North Carolina is the only area that Venice flytraps can be found. He urged the Commissioners to consider purchasing land for uses other than baseball diamonds, football fields and soccer fields. The most endangered native forest habitat in the world is the Longleaf Pine Savannah, such as found at Hugh MacRae Park and areas off of South 17th Street Extension. These areas in Brunswick and New Hanover Counties are disappearing very quickly. He applauded the Commissioners’ effort toward the Bond Referendum and requested consideration of purchasing natural habitat areas for the preservation of wildlife. Chairman Caster commented on the Commissioners’ full support of protecting the natural woodland areas and thanked Mr. Woods for his comments and for his excellent program on public radio. County Manager O’Neal noted that the intent of the greenspace program is to purchase some natural areas with no development of any kind, as well as some passive space with picnic areas, bike trails, walking trails and nature trails. CONSIDERATION OF DRAINAGE PROGRAM Chairman Caster reported that the Commissioners, at the September 8, 1998 meeting, directed Staff to prepare an outline of possible actions to pursue under the categories specified in the Pages Creek Watershed Study. Assistant County Manager Dave Weaver spoke of meeting with Chairman Caster and Commissioner Howell on the approach the County should take regarding the drainage problems in the County. At this point in time, the Commissioners have decided not to proceed with a comprehensive plan for a watershed program supported by a district tax. Instead, the focus will be on more specific problems such as the problem at Crosswinds and Hidden Valley. It was suggested that staff begin to develop a case-by-case approach in solving specific existing drainage problems as follows: ? Determine who benefits from solving the problem ? Determine the best solution to the problem ? Assess the people who benefit and implement the solution ? Use outside firms to perform the analysis and to manage each project ? For a first case, analyze the Hidden Valley/Crosswinds problem ? Research existing State statutory options under which to follow this procedure Mr. Weaver presented an outline of possible actions the County could pursue in dealing with various drainage concerns in the following categories: ? Formulate and adopt drainage policies ? Prepare and adopt drainage regulations and drainage manual ? Prepare drainage master plans, including a stormwater database, for the different County watersheds ? Involve other agencies in the County’s drainage program ? Examine long range drainage planning needs Commissioner Davis asked if money was available from the snag and drag program to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 734 benefit those problem areas. Assistant County Manager Weaver said the snag and drag program can only focus on hurricane debris; and the drainage problems in Crosswinds and Hidden Valley are not caused by hurricane debris. Chairman Caster commented on how the County cannot correct all problems created in the past, but the County can prepare ordinances and regulations that will decrease impacts of future developments. He suggested that the points of view of developers and environmentalists be considered in the revised ordinances. Assistant County Manager Weaver responded that initially staff will suggest some modifications to the existing drainage ordinance to provide some quick improvements. An outside consulting firm will be hired to develop a revised comprehensive drainage ordinance. Input will be provided by an advisory committee represented by those who will be affected by a rewrite. Public meetings and public hearings will be conducted to receive input from everyone. Chairman Caster asked why it was necessary to get an outside firm to perform the rewrites of the drainage ordinances. Assistant County Manager Weaver explained that an outside consultant would have no allegiance to any existing interest group within the county, and they would provide a resource of other drainage ordinances that have been successful along the East Coast. Florida has ordinances that seem to work. A firm which has expertise in writing ordinances, similar to those written for Florida, may be very advantageous to New Hanover County. Chairman Caster felt local firms should be allowed to provide bids and be evaluated on their capabilities and costs. Commissioner Davis asked if the work could be performed by County Staff. Chairman Caster responded that in order to keep from hiring additional County employees and over extending staff, hiring a consultant to begin the process will provide quicker response to the County’s drainage problems. Commissioner Birzenieks reiterated his concern that the County’s tax dollars should remain in the County instead of using outside firms whenever possible. Chairman Caster stated he reluctantly suggested to hire an outside firm because the County has many outstanding projects to perform. Assistant County Manager Weaver stated preparing a drainage manual will take a substantial amount of time to prepare. Currently, the County has applied for a $1.8 million HUD grant that will include money for a snag and drag operation. Motion: In discussion on the urgency of the drainage problems in the County, Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to instruct staff to proceed according to the proposed outline. Upon vote, the MOTION CARRIED 4 to 0. Break: Chairman Caster called a break from 9:15 to 9:30 p.m. 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 9:31 p.m. until 9:36 p.m. to hold a meeting of the New Hanover County Water and Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 5, 1998PAGE 735 ADDITIONAL ITEMS - COUNTY COMMISSIONERS RESOLUTION OF SUPPORT FOR SENATE BILL 1354 CONCERNING THE PROPOSED STATE BOND ISSUES FOR WATER, SEWER, AND NATURAL GAS Chairman Caster reported the North Carolina Association of County Commissioners has requested all counties to adopt resolutions of support for Senate Bill 1354 concerning the bond issues for water, sewer, and natural gas and to encourage the citizens to vote in favor of the bond issues at the polls on November 3, 1998. The bond referendum is to consider funding for $800 million wastewater capital projects and $200 million natural gas services to under-served areas in the State. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adopt the resolution in support of the bond issues proposed by Senate Bill 1354 for water, sewer, and natural gas and to encourage citizens to vote in favor of these bond issues at the polls on November 3, 1998. Upon vote, the motion carried 4 to 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 31. REMINDER OF OTHER BOARD MEETINGS Chairman Caster reminded the Board of the following meetings: 1.A Closed Session will be held on Wednesday, October 7, 1998, at 9:00 a.m., in Room 301 of the County Administration Building, to interview candidates for the Tax Administrator position. 2.A Work Session to discuss the jail expansion will be held on Thursday, October 15, 1998, at 10:00 a.m. in Room 501 of the County Administration Building. 3.A group picture of the Commissioners and Staff will be taken prior to the Board Meeting on October 19, 1998. WORK SESSION WITH THE CORPS OF ENGINEERS TO DISCUSS DELINEATION OF WETLANDS To discuss the issues involving wetland delineation with the Corps of Engineers, a work session was scheduled on Thursday, November 19, 1998, at 10:00 a.m., in Room 501 of the County Administration Building. It was determined that representatives from the development community should be included in the discussion to present their concerns. Chairman Caster and County Manager O’Neal will develop an agenda to include the basic elements of the issues based on environmental and developmental perspectives. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to adjourn. Upon vote, the MOTION CARRIED 4 to 0. Chairman Caster adjourned the meeting at 9:40 p.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board