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1997-01-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 736 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 6, 1997, 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; Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; Assistant County Attorney, Kemp Burpeau; and Clerk to the Board, Lucie F. Harrell. Chairman Greer 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 Davis led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item 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. The following items were presented: Mr. Greg Crockett, a resident of Masonboro Loop Road, read verses from the bible, Matthew, Chapter 12. Opposition Expressed for Construction of a Food Lion Shopping Center in Ogden Mr. Glen A. MacMillan, 2906 Hobart Drive, spoke in opposition to plans for constructing a Food Lion Shopping Center next to the Harris Teeter in Ogden. He questioned the reasoning behind this proposal since the store would be approximately 100 yards from the Harris Teeter. Concern was expressed for increasing traffic at the Military Cutoff/Market Street/Gordon Road intersection, allowing this type of uncontrolled, haphazard development to occur, and increasing stormwater runoff. He requested the Board to stop the proposed project and use this land for recreational space with the provision of picnic tables, basketball courts or a skating area. This type of use would save a large moss-draped water oak and pine trees as well as provide a place for teenagers and adults to participate in healthy sports and enjoy a natural area in the northern end of the County. Chairman Greer expressed appreciation to Mr. MacMillan for his comments and agreed with the idea of developing a recreational use on a site of this type in the future. He explained that New Hanover County did not own the property; therefore, nothing could be done. Food Lion purchased the property in a district already zoned to permit construction of a shopping center without approval of the project by the Board of County Commissioners. In order to provide recreational space on a site of this type in the future, the County will have to plan in advance and purchase the property, which will be costly to taxpayers because of the high value of land in New Hanover County. Mr. Curtis Wright, President of the Providence Homeowners Association, agreed with Mr. MacMillan and expressed grave concern about the traffic on Market Street, Gordon Road, and Military Cut- Off Road. He urged the Board to plan in advance and decide how to protect the quality of life in New Hanover County. He recommended forming a Task Force to work with the Board of County Commissioners in planning for future development of the unincorporated areas of the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 737 Request for County Assistance in the Provision of Water and Sewer to the Wilmington/Hanby Beach Area Ms. Teresa Taylor, a resident of Hanby Beach in the unincorporated area of the County, asked if the Board was aware of the severe water and sewer problems being experienced at Hanby Beach. Chairman Greer responded the County was aware of the severe water and sewer problems in this area, particularly after Hurricane Fran. He advised an application had been filed with the federal government to receive funding for the provision of water and sewer; however, no response had been received as of this date. He explained that when the Water and Sewer District was developed in the early 80's, the district boundaries were drawn to Snow's Cut bridge. This does not mean that the Wilmington/Hanby Beach area cannot become a part of the Water and Sewer District. In order to extend the District boundaries, either the Carolina or Kure Beach wastewater treatment plant and water system would have to be utilized. Discussion was held on when a response should be received from the federal government. County Manager O'Neal explained that notification should be received within 90 days as to whether the grant application was a viable project; however, if the project is accepted, actual funding will not be received for a period of six to twelve months. Discussion was held on whether the residents of the Wilmington/Hanby Beach area had approached the Carolina Beach Town Council or the Kure Beach Town Council about the provision of this service to the area. Ms. Taylor responded that both Town Councils had been approached with no interest shown by Kure Beach. She advised the need was critical, and she urged the Board to move forward with the provision of water and sewer to this area to protect the public health of these residents. Chairman Greer commented on holding an informal discussion with the Mayor of Carolina Beach and he requested the Board to consider meeting with the Carolina Beach Town Council to further discuss this matter. Mayor Pro-tem of Carolina Beach, Kim Roberts, advised the Town Clerk had been requested to contact the Clerk to the Board about arranging a meeting to discuss the provision of water and sewer to the Wilmington/Hanby Beach area. She explained that Carolina Beach had just upgraded its plant to three million gallons per day with completion of the project within the next six months. In order to provide services to this area, the County will be requested to assist the town in upgrading the plant to four million gallons per day which can be included in the current engineering design. Mr. Jack Seals, a resident of 1214 Snapper Lane, Wilmington Beach, N. C., strongly objected to the manner in which this unincorporated area of the County had been neglected for the past thirteen years. He reported the water received from a private source was not safe to drink and the septic tanks were malfunctioning. The roads are impassable, there is no provision of services by the Sheriff's Department, and the area receives minimal mosquito spraying. He reported that Carolina Beach had requested the Board of County Commissioners to assist with the provision of water and sewer at a cost of two to three million dollars, but no response had ever been received. Mr. Seals urged the Board to recognize the residents of this unincorporated area of New Hanover County as taxpayers who are desperately in need of services. Chairman Greer advised the County was not in the road business and requested Mr. Seals to contact the local office of the N. C. Department of Transportation on Division Drive for road needs. He, also, requested Mr. Sills to forward a copy of the past funding NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 738 request from the Town of Carolina Beach to New Hanover County for the provision of these services. Mr. Seals responded he would be glad to mail a copy of the request to him. APPROVAL OF CONSENT AGENDA Chairman Greer requested the Board to remove Consent Agenda Item #6 for further discussion at the end of the meeting. Also, he requested the Board to approve the minutes of the December 16, 1996, meeting as corrected by the Clerk to the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to remove Consent Agenda Item #6, approve the minutes as corrected by the Clerk to the Board, and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of December 16, 1996, as corrected by the Clerk to the Board. Acceptance of Greenhouse Donated by the New Hanover County Arboretum Foundation and Approval of Budget Amendment #97-0095 The Commissioners accepted the funds donated by the New Hanover County Arboretum Foundation in the amount of $34,188 for construction of a greenhouse, and approved the following Budget Amendment. The Chairman was authorized to execute the necessary documents associated with the construction process. Budget Amendment #97-0095 Cooperative Extension Debit Credit Cooperative Extension Other $34,188 Building $34,188 Purpose: To budget the contribution from the New Hanover County Arboretum Foundation for construction of a greenhouse on the grounds of the Arboretum. Adoption of Resolution to Add Peters Spring Drive to the State Highway System The Commissioners adopted a resolution to add Peters Spring Drive to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. Ratification of Wayne L. Hartsell, Sr. as the Alternate Member of the Carolina Beach Board of Adjustment The Commissioners ratified the appointment of Wayne L. Hartsell, Sr. to serve as an alternate member of the Carolina Beach Board of Adjustment. Adoption of Resolution Awarding Bid #97-0244 to Pierce Manufacturing, Inc. and Approval of Contract #97-0244 to Purchase a Pumper-Tanker for the 421 North Fire Station The Commissioners adopted a resolution awarding the only responsive bid to Pierce Manufacturing, Inc. in the amount of $172,829 for the purchase of a pumper-tanker for the 421 North Fire Station. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 739 Approval of Funding Request Submitted by DARE, Inc. for the Downtown Wilmington 20/20 Vision Project and Approval of the Associated Budget Amendment #97-0094 The Commissioners approved the following Budget Amendment to provide $10,000 for the downtown Wilmington 20/20 Vision Project to be performed in correlation with the Cape Fear River Corridor Study. #97-0094 Non-Departmental- Outside Agencies/ Economic & Physical Debit Credit Non-Departmental Contingencies $10,000 Outside Agencies/Economic & Physical DARE, Inc. $10,000 Purpose: To budget a $10,000 contribution requested by DARE, Inc. for the downtown Wilmington planning effort. Approval of Budget Amendment #97-18 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: #97-18 Federal Forfeited Property Capital Project Debit Credit Federal Forfeited Property Capital Project Federal Forfeited Property $7,134 Supplies $5,339 Motor Vehicles 1,795 Purpose: To increase the budget for additional revenue received on December 5, 1996. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. PRESENTATION BY THE AIRLIE ROAD AND WRIGHTSVILLE SOUND ASSOCIATION Mr. Tony Harris, representing the Airlie Road and Wrightsville Sound Association, reported on the severe problems experienced with stormwater runoff after Hurricane Fran in the Wrightsville Sound area. Due to rapid development on Airlie Road during the past ten years the watershed has been degraded, trees and natural growth have been removed with no consideration given to adopting County drainage regulations to address water runoff from new development on existing properties. For example, during Hurricane Fran, the natural pond at Airlie Place overflowed creating flooding in nearby residences. In order to resolve this issue, water was pumped from Airlie Place and dumped on Allen's Lane and Airlie Road on a daily basis. The roads were completely flooded with damage and traffic problems for surrounding neighborhoods. Calls were made to the various State and County agencies about the pumping process, and the residents were informed that no regulations had been violated. Mr. Harris expressed grave concern for the lack of rules and regulations in the current drainage standards. Mr. Harris presented a map showing the natural drainage of properties from the Landfall Park Hampton Inn down the Nature Trail to Beech Street, Summer Rest Road and the Intracoastal Waterway. When development occurred in this area, the County rules and regulations were followed but no consideration was given at that time to the impact of new development on existing properties. Due to poor drainage and the volume of development in this area, flooding constantly occurs at Lions Gate after heavy rainfalls and along Beech Street and Summer Rest Road. Unless the County reviews and updates its current drainage standards to ensure better control of water runoff with new development, the quality of life will be lost in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 740 In closing, Mr. Harris requested the Board to place a moratorium on rezoning specific resource and conservation areas as shown on the New Hanover County Land Use Plan until a comprehensive review has been performed on implementation of drainage regulations. Chairman Greer expressed appreciation to Mr. Harris for the presentation and stated the Board was aware of the drainage problems throughout the County. He advised Staff was in the process of hiring a firm to study and recommend the best way to address drainage in the unincorporated County. Commissioner Birzenieks commented on the video that was to be shown at the meeting and requested Mr. Harris to provide a copy to the Clerk to the Board so he could view the video. Mr. Harris responded he did not have the video with him; however, he would contact the Clerk to the Board when it became available. ADOPTION OF THE CITIZEN PARTICIPATION PLAN FOR THE WILMINGTON-NEW HANOVER COUNTY LAND USE PLAN UPDATE Chairman Greer advised the purpose of the Citizen Participation Plan was to insure that a variety of educational efforts and participation techniques would be used to seek out and incorporate all segments of the community in the formulation and development of the Land Use Plan Update. The County and City Planning Departments will be responsible for the administration of the planning process and will serve as the primary contact agencies for the Land Use Plan Update. Discussion was held on the importance of including a broad spectrum of the community in preparing the plan. Chairman Greer requested the Planning Director to include members of the growth committee appointed by the Chamber of Commerce in the planning effort. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to adopt the Citizen Participation Plan for the Wilmington- New Hanover County Land Use Plan Update as presented by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on the need to appoint two County Commissioners to serve on the joint City/County Ad Hoc Committee on Planning and Urban Growth, which will serve as the Steering Committee for the Land Use Plan Update. After further discussion, Chairman Greer and Commissioner Birzenieks volunteered to serve on the Ad Hoc Committee. Consensus: It was the consensus of the Board to appoint Chairman Greer and Commissioner Birzenieks to serve as the County's representatives on the Ad Hoc Committee. AUTHORIZATION TO FILE A GRANT APPLICATION FOR FY 1997-98 SECTION 5311 TRANSPORTATION FUNDING FOR THE HUMAN SERVICES TRANSPORTATION SYSTEM Assistant to the County Manager, Pat Melvin, requested authorization to file a grant application for Section 5311 funding for FY 1997-98 in the amount of $93,105. The funding represents a request of $56,250 in administration funds to support the administrative cost of providing services and $36,855 for a lift- equipped van and two (2) mobile radios. Grant funding sources and the required match are as follows: (1) $60,066 in Federal funds; (2) $14,714 in State funds; and (3) $18,325 in local matching funds. The FY 1997-98 funding request is 24% less than approved for FY 1996-97; therefore, the Human Services Transportation System will purchase one van this year instead of two. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 741 Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to authorize the filing of an application for FY 1997-98 Section 5311 grant funding for the Human Services Transportation System as presented by the Assistant to the County Manager. The floor was opened for discussion. Vice-Chairman Caster expressed concern for the continued growth of this system and questioned how large the system should become, and if the County was duplicating a service that should be provided by the City? Ms. Melvin responded that 6,100 clients were being served with a large unserved population of elderly and disabled persons who were eligible to receive the service. As more retired persons move into the area, this type of transportation services will continue to grow. Since the Wilmington Transit Authority cannot extend its services beyond the boundaries of the Wilmington City Limits, there is no duplication of services. Discussion was held on the many needs facing the County in the upcoming year. Chairman Greer advised that the Board at some point would have to determine how large this system should become because of the costs involved. Vice-Chairman Caster agreed and reported for the past four years, the system had grown rapidly with costs increasing annually. He inquired as to whether counties traditionally provide this type of service to its citizens. County Manager O'Neal responded that approximately 100% of counties in the State provide some type of rural transportation service. Federal and state funds are used to begin and fund the transportation systems. Discussion was held on what would happen if the federal and state funds were eliminated. Ms. Melvin stated the County was in its second year of funding without requesting funds for administrative expenses. She explained that each agency involved was required to purchase the service and reimburse the transportation system. If administrative or vehicle funding ceased on the state and federal levels of government, the County would have local agencies in place to pay for the services rendered. Vice-Chairman Caster stated if federal and state funds were drastically reduced, many of the local agencies using the transportation service would not have adequate funding to pay for the service. County Manager O'Neal reported the County decided to contract the service in lieu of becoming a provider. He advised this procedure had created an efficient and cost-effective transportation service, therefore, he would recommend authorizing Staff to proceed with filing the grant application. He commented on the need for the Board to better understand the functions of the New Hanover County Human Services Transportation System and suggested hearing a presentation on the services provided after a Thursday morning Staff meeting. Chairman Greer called for a vote on the MOTION TO ADOPT THE RESOLUTION approving the filing of the grant application. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION ACCEPTING AN OFFER FOR SALE OF PROPERTY ADJACENT TO THE DEPARTMENT OF SOCIAL SERVICES Deputy County Manager, Andrew J. Atkinson, reported at the regular board meeting held on December 16, 1996, the Board requested Staff to review possible uses of the land received NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 742 adjacent to the Social Services building when Primrose Street was closed by the City. He advised after a review by the Planning Director, the land would provide an additional 17 parking spaces at a cost of approximately $18,000. After further discussion with the Tax Appraisal Supervisor, the offer of $19,500 is reasonable. Discussion was held on the number of parking spaces that could be provided on the small tract of land. Commissioner Howell asked why only 17 parking spaces could be provided when enough land was available to develop 30 spaces. Planning Director Hayes explained that an access road would have to be provided, therefore, the vacant land left would accommodate only 17 parking spaces. Chairman Greer expressed concern for the future value of this land and stated he was not in favor of accepting the $19,500 offer from Mr. Russell Gay. Deputy County Manager Atkinson advised that he had informally discussed the possibility of preparing a joint design with Mr. Gay for the best use of the property if the Board decided not to sell the property. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to decline the offer made by Mr. Russell Gay to purchase the property, and direct Staff to work with Mr. Gay in jointly designing a plan that will accommodate the best use of the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION REQUESTING THE NORTH CAROLINA GENERAL ASSEMBLY TO AMEND THE LAWS GOVERNING ANNEXATION Chairman Greer reported Staff had prepared a resolution requesting the N. C. General Assembly to amend the laws governing annexation as requested by the Board on December 16, 1996. He advised that many counties throughout the State feel the annexation law must be changed in order to reflect the current needs of the citizens. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the resolution as written. Commissioner Davis expressed concern for the manner in which the resolution was written because it would grant the Legislature authority to pre-approve changes as being reflective of the citizens. He recommended waiting to see what type of changes would be presented to the Legislature before supporting the proposed resolution. Chairman Greer explained that many counties feel the annexation law should be changed but do not know what changes should be made. He advised the purpose of the resolution was to encourage the members of the Legislature to study and review the annexation law. Mr. Ronald Friend, a resident of 3911 Peachtree Avenue, commented on the United States Constitution and stated forced annexation was against the constitutional rights of its citizens. He requested the Board to re-write the resolution allowing the citizens to vote on annexation. At the request of the public, Chairman Greer read the resolution and called for a vote on the MOTION MADE FOR ADOPTION OF THE RESOLUTION AS PRESENTED. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 743 Chairman Greer Voting Nay: Commissioner Davis A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 33. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 7:55 P.M. until 8:06 P.M. BREAK Chairman Greer called a break from 8:06 P.M. until 8:30 P.M. REQUEST BY CHARLES HARRELL TO REZONE .81 ACRE AT THE SOUTHEAST CORNER OF CROWATAN ROAD AND CASTLE HAYNE ROAD TO CONDITIONAL USE I- 1 LIGHT INDUSTRIAL FOR A USED CAR SALES LOT AND OFFICE FROM R-20 RESIDENTIAL Chairman Greer opened the Public Hearing and announced that a conditional use rezoning requires issuance of a Special Use Permit; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Larry Sneeden Planning Director Dexter Hayes reported the Planning Board voted five (5) to zero (0) to recommend approval of the applicant's petition subject to the site plan submitted and the following conditions: 1.Night lighting must be installed so it does not shine on adjacent properties. 2.Remove all illegal signs on the property. 3. Limit access to Crowatan Road (no driveway cuts to Castle Hayne Road). 4.Display area for cars can be grassed, graveled or paved at the owner's discretion. Planning Director Hayes presented the following Staff findings: General Requirement #1: 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 direct access to US 117 and to Crowatan Road. B.Public water and sewer is not available. A well and septic tank will be required. The planned use would generate little demand for these types of services. C.The site is located in the Castle Hayne Volunteer Fire Department District. General Requirement #2: The use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A site plan pursuant to Section 59.7-3 has been submitted. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 744 B.The proposed use is a permitted use in the I-1 Light Industrial District. C.The location of the support office complies with the setback and buffer requirements imposed for industrial or non-residential uses when abutting residentially zoned property. General Requirement #3: 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 property is located in close proximity to other industrial and non-residential uses. B. The property has frontage along a major highway with high traffic volumes. General Requirement #4: The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area and in general conformity with the plan of development for New Hanover County based upon the following findings: A. Land to the south is zoned I-1 and developed with mini- storage units. B.The site is located at the main entrance to the Northside Industrial Park. C.A majority of the surrounding land is vacant; however, there is a single-family dwelling located just north of the property and a church east of the property. D.The site is located along the frontage of a major highway with high volumes of traffic. Chairman Greer inquired as to whether anyone from the public would like to comment. Mr. Larry Sneeden, representing the petitioner, Charles Harrell, reported the site was a tenth of an acre located at Crowatan Road and Castle Hayne Road. The site will be used for construction of a sales building with an outdoor display area for cars. The proposed use meets the requirements of the Zoning Ordinance and will not endanger the public health or safety, or injure the value of adjoining properties. The buffering requirements have been met and the location and character of the use will be in harmony with the area. He requested the Board to grant the Special Use Permit as requested and reported the petitioner does agree with the conditions recommended by the Planning Board. Chairman Greer asked Mr. Sneeden if he agreed with the findings of fact as presented by the Planning Director. Mr. Sneeden concurred with the findings of fact as presented. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to rezone the southeast corner of Castle Hayne Road and Crowatan Road from Residential R-20 to Conditional Use I-1 for establishment of a car sales and support office. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, under the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 745 Castle Hayne Section, Page 20. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to approve the Special Use Permit contingent upon the conditions recommended by the Planning Board and based upon the evidence presented and findings of fact concluding that the Special Use Permit 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 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 to be located and in general conformity with the plan of development for 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 19. PUBLIC HEARING TO CONSIDER REZONING THE SOUTHEASTERN CORNER OF EASTWOOD ROAD AND MILITARY CUT-OFF ROAD FROM R-15 RESIDENTIAL TO OFFICE AND INSTITUTION O-I Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted five (5) to zero (0) to approve the applicant's petition as submitted. The Planning Board felt the rezoning would be consistent with emerging non-residential development in the area and consistent with the Land Use Plan. There was no opposition presented at the Planning Board meeting. Chairman Greer asked if anyone from the public would like to comment. Mr. Stuart Egerton, Attorney for Carolina Power & Light Company, reported the rezoning would be consistent with surrounding uses and he requested approval of the rezoning request as submitted and approved by the Planning Board. Commissioner Davis inquired as to whether the buffer would be maintained along the eastern property line? Attorney Egerton responded the vegetative buffer would remain in place. Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to approve rezoning the southeastern corner of Eastwood Road and Military Cut-off Road from R-15 Residential to Office and Institution O-I as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 15, 1969," is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 2, Page 40. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO THE UNITED CEREBRAL PALSY CENTER FOR EXPANDING THE EXISTING BUILDING LOCATED AT 500 MILITARY CUT-OFF ROAD Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Nancy Cates NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 746 Planning Director, Dexter Hayes, reported the Planning Board voted five (5) to zero (0) to recommend approval of the application and site plan as submitted for a revision to the Special Use Permit granted in October 1990. The Planning Board felt expansion of the building would be consistent with the site's current land use and generally compatible with surrounding land uses. Planning Director Hayes presented the following Staff findings: General Requirement #1: 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 existing building is currently served by County sewer and community water. B.The property is located in the Seagate Volunteer Fire Department District. C.The site has adequate ingress and egress to a public street. General Requirement #2: The use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The expansion meets all required setbacks. B.The expansion is an extension of a use permitted by a Special Use Permit in the R-15 Residential District. The property is zoned R-15. General Requirement #3: The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity based upon the following findings: A.Nearly all of the surrounding adjacent property on the west side of Military Cut-Off Road is vacant. General Requirement #4: 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.There is an existing 4,262 square foot day care/learning center already located on the property. B.A new subdivision is under construction to the southeast (Lucia Point), but it post-dates the operation of the United Cerebral Palsy Center. Chairman Greer inquired as to whether anyone from the general public would like to comment. Ms. Nancy Cates, Director of United Cerebral Palsy Center, Inc., requested the Board to approve the revision to the Special Use Permit so the 1,500 square foot addition could be added to the existing building. Assistant County Attorney, Kemp Burpeau, asked Ms. Cates if she agreed with the findings of facts as presented by the Planning Director. Ms. Cates concurred with the findings of fact as presented. Chairman Greer closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 747 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to grant the Special Use Permit to United Cerebral Palsy Center, Inc. for a 1,500 square foot addition to the existing building located at 500 Military Cut-Off Road based upon the evidence presented and findings of fact 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 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 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 19. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO BELL SOUTH TO ERECT A 180 FOOT MONOPOLE COMMUNICATIONS TOWER Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Ms. Kelly Davenport Mr. Winston Thompson Mr. John Tyhacz Planning Director Hayes reported the Planning Board voted four (4) to one (1) to approve the applicant's petition pursuant to the site plan as submitted and subject to the following conditions: (1)The tower must be designed to accommodate collocation by other vendors. (2)The tower must be engineered for controlled collapse. The Planning Board's discussion focused on the efforts by the applicant to collocate on one of the nearby towers instead of constructing a new tower. The applicant advised that collocation could not be accomplished because the towers were not suitably designed. No one spoke in opposition at the Planning Board meeting. Planning Director Hayes presented the following Staff findings: General Requirement #1: The proposed 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 proposed tower and support facilities will not need water and sewer services. B.The use does not generate a significant amount of traffic. C.The site will be accessed by a 20-foot easement connecting to Gordon Road. D.The site is located in the Ogden Volunteer Fire Department District. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 748 E.Even though electromagnetic waves are emitted, there is no scientific evidence to date that the waves cause medical problems. F.The structure is designed to bend in strong winds, not tip over from its base. General Requirement #2: The proposed use meets all required conditions and specification of the Zoning Ordinance based upon the following findings: A.Cellular, personal communications and related towers are permitted by Special Use Permit in the B-2 Business District. This property is zoned B-2. B.The planned use complies with the requirements of the B-2 District. General Requirement #3: The proposed 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 tower will be located on a 60'x 60' parcel leased from Winston Thompson. B.The property is zoned B-2 Business and is located in close proximity to heavily commercialized Market Street. C.The planned uses will not generate smoke, dust, airborne debris, noise or related impacts. General Requirement #4: 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.There is a wide range of land uses in the area; convenience food store, sign shop, fast food, tool rental shop, industrial park, elementary school, apartments, strip shopping centers, scattered single-family dwellings and a mobile home. B.The nearest free-standing towers are located in Dutch Square Industrial Park, which is south of the subject parcel, and a radio tower located to the southeast at the Highway Patrol Station. Chairman Greer commented on understanding that regulations were in place for a tower to be located within a certain number of feet from an adjacent property line, and he requested an explanation of setback requirements. Planning Director Hayes responded setback requirements were in place for smaller facilities in an industrial district permitted by right; however, other commercial and residential areas were addressed by the Board on a case-by-case basis. He advised the tower would be 39 feet from residential property on one side and 50 feet from commercially zoned property on the other side. Chairman Greer inquired as to why this setback requirement was not in place for residential properties? Planning Director Hayes responded the Board may want to impose additional setbacks in large residential areas. Chairman Greer asked if the Special Use Permit would be granted for placement of the tower on this site only? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 749 Planning Director Hayes responded the Board would be approving the cellular tower in the corner of the lot, not on any surrounding properties. Chairman Greer asked if anyone from the public would like to comment. Ms. Kelly Davenport, Zoning Consultant for Bell South, reported the proposed use had met the general requirements of the Zoning Ordinance. She advised that Bell South had tried to collocate on surrounding towers; however, the towers were too short or not properly designed. As to the durability of the tower during severe storms, a similar tower was located at Kure Beach and received a direct hit from Hurricane Fran with no damage. She requested the Board to grant a Special Use Permit to construct a 180 foot tower on the proposed site. Chairman Greer inquired as to whether the tower could be moved further over on the lot. Ms. Davenport responded this would not be possible. Chairman Greer expressed concern for a tower being located within 39 feet from a residential piece of property and stated he felt this would devalue the adjoining property. Mr. Winston D. Thompson, the owner of the site, reported the adjacent residential property owner was not opposed to placing the tower on the site. He advised the only reason the residential property had not been zoned commercially was because the property owner did not want an increase in property taxes. He requested the Board to grant the Special Use Permit. Mr. John Tyhacz, a resident of Coble Farm Estates, agreed with Chairman Greer and reported the tower would devalue adjacent residential property. He expressed concern for the height of the tower, and he requested the Board to carefully consider the aesthetics of the County when allowing construction of these highly visible towers. The Board was requested to deny the proposed use. Chairman Greer asked Ms. Davenport if she agreed with the findings of fact as presented by the Planning Director. Ms. Davenport agreed with the findings of fact and stated the site was partially bordered to the west and north by woods; therefore, concerns about the aesthetics had been addressed. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to grant a Special Use Permit to Bell South for construction of a 180 foot monopole communications tower with support equipment at 6815 Gordon Road based upon the evidence presented and the findings of fact concluding the use will not 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 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 AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Vice-Chairman Caster Commissioner Howell NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 750 Voting Nay: Chairman Greer A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 19. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL PERMIT TO LOCATE A SINGLE-WIDE MOBILE HOME AT 5221 CASTLE HAYNE ROAD ON PROPERTY ZONED RA RURAL AGRICULTURE Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Jimmy Fowler, Sr. Planning Director, Dexter Hayes, presented the following Staff findings: General Requirement #1: 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 is located in the Castle Hayne Volunteer Fire Department District. B.The site has direct access to Castle Hayne Road. C.Water and sewer will be supplied by an individual well and septic tank. General Requirement #2: The use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The property is zoned RA Rural Agriculture. Mobile homes are permitted in this zoning district by Special Use Permit. B.The site meets the District's minimum lost area requirements and all applicable setbacks can easily be met. C.Adequate area is available to accommodate off-street parking. D.No special landscaping or buffering is needed. General Requirement #3: 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 mobile home will be located on a tract currently occupied by a single dwelling, which is the principal residence of the applicant. B.Property located on the east side of Castle Hayne Road opposite the subject property is zoned B-2 Highway Business. Some commercial development has taken place. General Requirement #4: 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.There is a variety of land uses in the general area, including car repair, electronic repair, a fire station, a convenience NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 751 food store, a small strip retail center, single-family dwellings, mobile homes, and an abandoned meat packing company. Chairman Greer inquired as to whether adjacent property owners were notified of the use. Planning Director Hayes responded the adjacent property owners were notified. Chairman Greer asked if anyone from the public would like to comment. Mr. Jimmy Fowler, Sr., the petitioner, requested the Board to approve the Special Use Permit to locate a single-wide mobile home to serve as a residence for his 76 year old mother-in-law. He advised that adjacent property owners were not opposed to the proposed use. Chairman Greer asked Mr. Fowler if he concurred with the findings of fact as presented. Mr. Fowler agreed with the findings of fact as presented by the Planning Director. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to grant a Special Use Permit to Mr. Jimmy Fowler, Sr. for placement of a mobile home at 5521 Castle Hayne Road based upon the evidence presented and findings of fact concluding the use would 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 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 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 19. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PLACEMENT OF TWO SINGLE-WIDE MOBILE HOMES AT 405 MADELINE TRASK DRIVE ON PROPERTY ZONED I-L LIGHT INDUSTRIAL Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Ronald Dail Planning Director, Dexter Hayes, presented the following Staff findings: General Requirement #1: The proposed 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 access to Madeline Trask Drive via a private access easement. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 752 B.The site is located in the Castle Hayne Volunteer Fire Department District. C.Water and sewer will be provided by wells and septic tanks. General Requirement #2: The use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The site is zoned I-l Light Industrial. The Zoning Ordinance permits the location of mobile homes in the district by Special Use Permit. B.The site is large enough to comply with the minimum lot area requirements of the district. For Special Use Permits in non- residential districts such as I-l, the minimum area required is 15,000 square feet per unit. The subject parcel contains 1.6 acres. C.Adequate area is available for off-street parking. General Requirement #3: The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The site is located in the Northside Industrial Park. Although the land is not intensely developed, most land uses are non-residential. Adjacent properties are used for an auto-salvage yard, heavy equipment sales, and a rental auto/truck body shop. B.There are scattered residential uses in the area, consisting of older single-family dwellings and mobile homes. These are located to the north and west along Peter Spring Branch, Crowatan Road and Castle Hayne Road. General Requirement #4: 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.As noted, a variety of land uses exist in the general vicinity, including residential and non-residential. B.The County has approved mobile homes in other industrial areas, but none to date in the surrounding area. Chairman Greer asked if anyone from the public would like to comment. Mr. Ronald Dail, representing the property owner, Charles Harrell, requested the Board to approve the Special Use Permit for placement of two mobile homes to provide residences to Mr. Harrell's older sister and brother. Chairman Greer asked Mr. Dail if he agreed with the findings of fact as presented by the Planning Director. Mr. Dail concurred with the findings of fact as presented. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit to Mr. Charles Harrell for placement of two mobile homes at 405 Madeline Trask Drive based upon the evidence presented and findings of fact 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 753 specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 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 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 19. PUBLIC HEARING TO CONSIDER REVISIONS TO THE DRAINAGE REQUIREMENTS AND STANDARDS FOR NEW DEVELOPMENT IN THE ZONING AND SUBDIVISION ORDINANCES Chairman Greer opened the Public Hearing. Assistant County Manager, Dave Weaver, reported after receiving complaints about the proposed revisions to drainage regulations recommended by the Planning Board, Staff felt the following recommendations should be considered to provide less restrictive regulations on new development: (1) The Planning Board's recommendation would have required control of the discharge rate and volume discharge up to a 25- year storm level. The revised document would require control of the discharge rate up to a 25-year storm level and control of the volume discharge to a 10-year storm level. Staff feels that volume control for a 25-year storm level would have been too burdensome. (2)The Planning Board's recommendation would require the discharge rate after development for a 25-year storm to be equal to the discharge rate for a 10-year storm under pre- existing natural conditions. Staff felt the developer should not be required to improve drainage characteristics to a level better than natural conditions. (3)The Planning Board's recommendation required analyzing the effects of each subdivision on existing downstream facilities from the proposed subdivision and the potential runoff anticipated on the site from maximum build-out of the upstream drainage area. Chairman Greer requested deferring action on this request because of recommendations received at the last minute. He apologized to the public and stated since this was a Public Hearing and many of the citizens had attended the meeting to comment on drainage requirements, he would open the floor to receive comments. Assistant County Manager Weaver apologized for bringing the revisions at the last minute and stated they were prepared in trying to address some of the legitimate concerns received in the Engineering Department during the day. County Manager O'Neal informed the Board that he requested the Assistant County Manager to present the revisions. Mr. Curtis Wright, the President of Providence Homeowners Association, commented on the meetings held to discuss growth by the Ad Hoc Committee and stated he agreed with Chairman Greer's comments. He advised the Board should not take action on information presented at the last minute, and he urged the Commissioners to address drainage requirements for new development as outlined in the report of the Ad Hoc Committee. Concern was expressed for approaching this vital issue on a piece-meal basis with Staff presenting the same recommendations for the past fifteen years. The Board was requested to move forward with developing a comprehensive drainage policy for New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 754 Commissioner Howell advised the Planning Board prepared the proposed test amendments to provide better control of drainage for new development until New Hanover County could prepare a comprehensive drainage plan. Chairman Greer reported the Board was in the process of addressing drainage; however, a comprehensive drainage plan could not be prepared in one year when drainage problems had existed for fifteen years. He informed Mr. Wright that New Hanover County had a competent Planning Staff that performed an excellent job. He stressed the importance of everyone understanding that the County was in the process of hiring an engineering firm to prepare recommendations for the development of a comprehensive drainage plan for the unincorporated County. Mr. Mark Ashness, an employee of McKim and Creed Engineers, reported stormwater standards had to be adopted to address both small and large drainage issues. He commented on the Charlotte/Mecklenburg drainage standards and reported this governmental entity had thoroughly addressed the issue. One major policy adopted in the Charlotte/Mecklenburg plan was the 100 Plus One Flood Elevation Certification, which means when the flow reaches a certain point, procedures are in place to determine the elevation for the first floor of a structure. Mr. William J. Hart, a resident of Crooked Creek, offered a written statement to the Clerk to the Board, and commended the Planning Board for moving forward with the proposed text amendments. He advised the unification of stormwater language found in several ordinances pertaining to development in the unincorporated areas of the County were long overdue. Also, controlling the first inch of stormwater runoff from all impervious surfaces and using the 25-year storm interval as the basis for hydrologic computations are excellent standards. Mr. Hart reported on visiting Orange County, Florida, and spending field time with engineers from the St. Johns River Water Management District. The following key points were observed: (1)Public and private engineers collaborate closely with biologists in designing structures used to control the flow of stormwater. (2)Water is retained on-site to approximate pre-development discharges. (3)Pollution abatement storage is built into all stormwater retention facilities. (4)Responsibility between the district, which sets high standards based on the public interests of all residents in the St. Johns River basin and the more narrow interests of the counties and cities, is shared. (5)Equal attention is paid to retaining flows from the impervious surfaces of roads, including interstate highways. (6)Activities to retrofit areas with inadequate pollution abatement capacity. (7)Staff regularly inspects the installation and the operation of the systems. Mr. Hart reported New Hanover County was unique in that special attention should be given to the pocosins and the hardwood borders of most streams. The pocosins perform a different hydrological function than any other system. The normal process is to ditch them, run the water into ponds, and fill them with sand. The result can best be seen on Clear Run Drive. Development in these systems is a place where the County's Conservation Overlay NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 755 District does not function well, particularly in commercial development. Soil information would reveal the extent of the special pocosins conditions. Mr. Hart commented on the large backlog of lots in approved subdivisions that are not suitable for building and urged the Board to move forward with a review of plats in those subdivisions with questionable layouts so they can be redesigned to minimize the drainage problems inherent with construction. In closing, Mr. Hart commented on the importance of establishing a stream monitoring program and he urged the Board to establish water quality managements objectives to preserve the future of New Hanover County. Discussion was held on requesting funding from FEMA for cleaning out ditches from Hurricane Fran. Chairman Greer presented background information on the funding request and stated the County was required to approach the Natural Resources Conservation Service to obtain funds for cleaning out ditches. Due to this lengthy process, no projects have begun. Assistant County Manager Weaver reported the Smith Creek project was underway. Mr. Bill Grathwol, a local developer, reported the permit to clean out the ditches and dredge Smith Creek had not been rescinded; however, the agency was requiring more time to analyze the creek He urged the Board to move forward with establishing a Drainage District so a drainage policy can be developed and implemented. Commissioner Birzenieks reported this was a complex issue and he requested discussion of this item at the retreat planned for January 17-18, 1997. Mr. Dan Dawson urged the Board to take time to discuss this issue and adopt the text amendments presented by the Planning Board to provide better control of drainage in the County. Mr. Larry Sneeden commented on the importance of developing a policy to address drainage. He urged the Board to hold a Work Session to discuss this issue before moving forward with adopting any regulations. Consensus: After discussion, it was the consensus of the Board to defer action until the Commissioners can discuss this issue at the retreat scheduled for January 17-18, 1997. ADDITIONAL ITEMS DISCUSSION OF PROPOSED CHANGE IN THE CERTIFICATE OF NEED LEGISLATION County Manager O'Neal reported a letter was received from Catawba County requesting New Hanover County to support a change in the Certificate of Need legislation to be presented at the North Carolina Association of County Commissioners Legislative Goals Conference to be held on January 9-10, 1997. Chairman Greer reported this item was presented to the Human Services Committee of the Association of County Commissioners and the committee felt this was an excellent idea. This item was presented to the Legislative Goals Committee and was not included as one of the goals. Catawba County can introduce the request at the conference to be held on January 9-10, 1997. He advised the proposed legislation would exempt acute care hospitals from the Certificate of Need requirement in the provision of acute care services. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 756 Commissioner Birzenieks commented on this being a very complex issue and cautioned allowing large public hospitals to circumvent the Certificate of Need process because smaller health care providers could be forced out of business. He advised that unless there was an excellent reason for changing the present process, he would not recommend support of the request from Catawba County, which has a unique situation between a public and private hospital. Vice-Chairman Caster stated the proposed change was complex and reported after reading the letter from Mr. Jim Hobbs, President of New Hanover Regional Medical Center, he did not feel the request would benefit the Medical Center. No action was taken. DISCUSSION OF REQUEST FROM CURRITUCK COUNTY REGARDING A MENU OF LOCAL REVENUE SOURCES Chairman Greer reported that Currituck County had requested New Hanover County to support legislation to provide a menu of local revenue sources from which counties could choose to meet their respective needs. He stated the letter had just been received at his home, and he would forward a copy to each member for consideration at the Legislative Goals Conference. ANNOUNCEMENT OF DINNER INVITATION OFFERED BY THE CITY OF WILMINGTON Chairman Greer reported the Wilmington City Council had invited the Commissioners to attend a dinner on Tuesday, January 14, 1997, at 6:30 P.M. in Council Chambers of the City Hall. ANNOUNCEMENT OF PLANNING RETREAT FOR THE BOARD OF COUNTY COMMISSIONERS Chairman Greer announced the Board will hold a retreat on Friday, January 17, 1997, at the Hampton Inn and Suites, Landfall Park, from 2:00 P.M. until 5:00 P.M. with the retreat reconvening on Saturday, January 18, 1997, from 8:30 A.M. until 4:30 P.M. DISCUSSION OF CONSENT AGENDA ITEM #6 Chairman Greer reported Health Director, Robert Parker, was present to discuss the resolution prepared by the Board of Health to consider a change in the laws prohibiting the sale of tobacco products to persons under 18. Health Director Parker urged the Board to approve the resolution adopted by the Board of Health and 35 other organizations to stop tobacco sales to minors in North Carolina. Studies have shown that access to tobacco products had greatly increased and will greatly impair the health of young people. In order to better control this situation, a resolution has been prepared to request the General Assembly to change the North Carolina Law as follows: (1)Remove the word "knowingly" from the present state law concerning selling cigarettes to minors. (2)Amend the law to read that no person shall sell or distribute tobacco products to any individual who does not produce proper identification that the individual is at least 18 years of age. Such identification is not required for an individual who the retailer has reason to believe is 30 years of age or older. (3)Request the North Carolina General Assembly to require that cigarette vending machines be permitted only in locations to which minors are not allowed. (4)State legislation which preempts local ordinances be repealed; thus setting minimum requirements, while allowing the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, JANUARY 6, 1997PAGE 757 continued adoption and implementation of local regulations and ordinances that create a higher level of public health protection. A lengthy discussion was held on the resolution presented by the Board of Health. Chairman Greer reported he was opposed to the resolution and stated he requested Staff to prepare a resolution to consider a change to the law that will reasonably prohibit the sale of tobacco products to persons under 18 years of age. Commissioner Birzenieks reported on sharing Mr. Parker's passion regarding the sale of tobacco products to minors, but expressed concern for the burden placed on clerks and cashiers at convenience stores. He asked where vending machines could be located under the proposed resolution. Health Director Parker responded that bars would be the only place that vending machines could be located. Chairman Greer stated the person purchasing the tobacco products illegally should be punished, not the clerk in the convenience store. Commissioner Howell recommended outlawing the advertising of tobacco products and stated he did not have a problem with the resolution adopted by the Board of Health. Motion: Commissioner Howell MOVED to adopt the resolution adopted by the Board of Health. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the resolution prepared by Staff. 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 XXIII, Page 33. REPORT ON SETTLEMENT OF LAWSUIT INVOLVING ROUBINI M. OMIRLY VS. NEW HANOVER COUNTY AND THE CAPE FEAR MUSEUM Assistant County Attorney, Kemp Burpeau, reported for the record, the lawsuit regarding Roubini M. Omirly vs. New Hanover County and the Cape Fear Museum had been settled in the amount of $12,000. Consensus: It was the consensus of the Board to accept the settlement as reported. ADJOURNMENT Chairman Greer adjourned the meeting at 10:30 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board