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1997-02-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 800 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 3, 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; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Elrick Richburg, of Bethesda Christian Life Church, gave the invocation. Vice-Chairman Caster 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: Discussion of Amending State Annexation Laws Mr. Jim Medlin, President of College Acres Homeowners Association, expressed appreciation to the Board for adopting a resolution requesting the N. C. General Assembly to amend State annexation laws. He read a letter that had been forward to the local legislative delegation requesting support for amending the current laws. Concern was expressed for no consideration being given to the needs of people who live in areas to be annexed. Many citizens feel that municipalities have used annexation as a way to increase municipal revenue. Mr. Medlin stated, in his opinion, the State Statutes were not designed to become a taxation scheme. He requested the Board to meet with the College Acres Homeowners Association to discuss specific recommendations for amending State annexation laws. Chairman Greer advised Mr. Medlin that it might be beneficial to mail a copy of the letter to all members of the General Assembly to gain support for an amendment to the current annexation laws. He advised that other counties would be submitting resolutions requesting an amendment; therefore, contacting the legislators statewide would be the best route to pursue. Request to Amend Section 52.3 of the New Hanover County Subdivision Ordinance Mr. Arnold Carlson, a land surveyor, requested the Board to consider amending Section 52.3 of the New Hanover County Subdivision Ordinance. He reported the Subdivision Ordinance requires a surveyor to note on the plat that a lot may or may not be approved by the Health Department for water and sewer services; however, in order for a lot to be signed off by the Planning Department, a septic tank permit must be obtained, which means the lot cannot be recorded or conveyed if the lot does not perk. In a recent incident, a buyer wanted to purchase a lot for investment purposes and knew the lot would not perk, but had been informed that county sewer would be available in the near future. Because of Section 52.3, the lot could not be conveyed to the buyer. In the past, many developers have purchased lots that did not perk for investment purposes. He requested the Board to amend the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 801 Subdivision Ordinance to provide the same consideration to a buyer who knows that a lot or tract of land will not perk. Assistant County Attorney, Kemp Burpeau, stated under Section 52.3, the lot must be within a public utility or pass a perk test before the Planning Department will sign off on the plat. After discussion, the Legal Department and Planning Department were requested to review Section 52.3 and prepare an amendment to address this type of situation with the recommendation being presented to the Board at a later date. Request for New Hanover County to Pave Roads in the Myrtle Gardens Community Ms. Cheryle Croom, representing the Myrtle Gardens Homeowners Association, presented a petition signed by the residents of the Myrtle Gardens Subdivision and reported this community had the worst roads in New Hanover County. She advised that for the past year, the residents had been working with the local N. C. Department of Transportation (NCDOT) office to obtain right-of-way agreements so the roads could be paved. As of this date, one property owner has not signed an agreement, and the N. C. Department of Transportation has advised that 100% of the residents must execute an agreement. She requested the Board to add the streets to the County road system for paving and maintenance. Chairman Greer informed Ms. Croom that New Hanover County was prohibited by State law from becoming involved with paving and maintaining roads. He explained that funds were appropriated by the State for New Hanover County with the North Carolina Board of Transportation determining which roads would be paved each year. Also, a road must comply to State standards before the road can be accepted by the State Highway System. After discussion of the Myrtle Grove Subdivision being in existence before the State required roads to meet certain standards, the County Manager was requested to check into this matter with the local Department of Transportation office to see if assistance could be provided to the residents of the Myrtle Gardens Subdivision. Request by Ms. Kathy Nuttall for Connection to the County Water and Sewer Systems Serving the Murrayville Area Ms. Kathy Nuttall, a resident of Murrayville Road, requested the Board to consider providing water and sewer services to her residence because she was in desperate need of these services. She advised contact had been made with the County Engineering Department about connecting to the water system, and she was informed that service could be provided by paying a $275 tap fee since her residence was located between the Brittany Woods and Quail Ridge Subdivisions. These subdivisions receive both water and sewer services. During the past two weeks, problems have been experienced with the septic system, therefore, she is in need of sewer service as soon as possible. Ms. Nuttall stated she would be interested in receiving both water and sewer, if possible. After discussion of the costs involved and Ms. Nuttall agreeing to pay the necessary fees, the Assistant County Manager was requested to see if water and sewer services could be provided to this piece of property on Murrayville Road. Authorization for Sheriff to File an Application to the Crime Control and Public Safety Division for the Purchase of Radios Sheriff McQueen requested the Board to authorize the filing of a grant application to the N. C. Crime Control and Public Safety Division for the purchase of 800MHZ radios. He reported that all municipal law enforcement agencies, including the Airport, had been contacted and had agreed to file a collective grant in lieu of individual grants. The Sheriff's Department needs 225 radios at a cost of $453,375 with a County match of $151,125. Each NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 802 municipality and the Airport will pay the required matching funds for the number of radios ordered under the grant. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to authorize the Sheriff to file a collective grant application to the N. C. Crime Control and Public Safety Division for the purchase of 800MHZ radios as proposed by the Sheriff. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster referenced Consent Agenda Item #4 and reminded the Board that reclassification of the Community Health Assistant position to a Clinical/Clerical Assistant position at a higher pay grade would increase the FY 1997-98 Budget. Chairman Greer agreed, and he informed the Board that the Board of Health was not responsible for levying the tax rate; therefore, this matter was not considered Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular Meeting - January 21, 1997 Work Session with Board of Education - January 15, 1997 Approval of a Mutual Aid Agreement Between Brunswick County and New Hanover County The Commissioners approved a revised mutual aid agreement between Brunswick County and New Hanover County to provide medical assistance. The Chairman was authorized to execute the necessary contract documents. A copy of the agreement is on file in the Legal Department. Adoption of a Resolution to Request the New Hanover County Board of Education and Cape Fear Community College Board of Trustees to Implement Programs to Coordinate Technical and Vocational Education The Commissioners adopted a resolution to request the Board of Education to work with the Cape Fear Community College Board of Trustees to implement technical and vocational education programs to provide the education needed to fill jobs in industry. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 34. Reclassification of a Community Health Assistant to a Clinical/Clerical Assistant The Commissioners approved reclassification of a Community Health Assistant position (pay grade 108) to a Clinical/Clerical Assistant position (pay grade 110) as requested by the Board of Health. The employee in the Community Health Assistant position has retired. Since the "Clinical/Clerical Assistant" classification does not exist in the County's personnel plan, this action must be approved by the Board of County Commissioners. No budget increase is necessary since the employee retiring was at pay step 23A, and the new employee would start at a lower step on pay grade 110. Approval of Budget Amendment #97-20 to Budget Additional Revenue to the Sheriff's Department The Commissioners approved the following Budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 803 Budget Amendment #97-20 Sheriff's Department DebitCredit Federal Forfeited Property Capital Project Federal Forfeited Property $9,196 Supplies $9,196 Purpose: To increase the budget for additional revenue received on January 21, 1997. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Adoption of a Resolution to Add Greenbriar South Subdivision to the State Highway System The Commissioners adopted a resolution to add the Greenbriar South Subdivision roads 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 34. PRESENTATION OF THE ANNUAL REPORT BY THE NEW HANOVER COUNTY HUMAN RELATIONS COMMISSION Ms. Bessie Funderberg, the 1996 Chairperson of the New Hanover Human Relations Commission, requested the Board to accept the report as presented. She advised that many accomplishments had been achieved during the past year to promote civil rights for all people and urge them to develop a harmonious relationship within the community. The Human Relations staff was complimented for the support given to the Human Relations Commission and the exceptional job performed in all programs administered by the Commission. Chairman Greer expressed appreciation to Ms. Funderburg for the outstanding leadership she had provided to the Human Relations Commission during the past year and stated she would be missed. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to accept the Annual Report of the Human Relations Commission as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF A PROCLAMATION DESIGNATING FEBRUARY AS "HUMAN RELATIONS MONTH" IN NEW HANOVER COUNTY Mr. John J. Manock, the new Chairman of the Human Relations Commission, requested the Board to adopt a proclamation designating February as "Human Relations Months" in New Hanover County. Chairman Greer read the proclamation and requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the proclamation designating February as "Human Relations Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 34. PRESENTATION OF PLAQUE TO BOBBY MULLIS IN RECOGNITION OF BEING SELECTED THE WINNER OF THE "HUMAN RELATIONS MONTH" THEME CONTEST Human Relations Director, Anthony Wade, informed the Board that a school contest was held in the fall of each year beginning with kindergarten through grade twelve to provide a theme for Human Relations Month as well as posters and other projects. The Human Relations Education Committee reviews each entry and determines a winner. He announced that this year's winner was Bobby Mullis, a tenth grader of John T. Hoggard High School, with the winning theme, "LOOK AT THE WORLD THROUGH THE EYES OF A CHILD." NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 804 The posters and other theme projects will be on display at Independence Mall on February 22 and 23, 1997. Chairman Greer, on behalf of the Board, presented a plaque to Bobby Mullis in recognition of being selected as the winner of the theme contest. He, also, recognized his parents, Ralph and Nancy Mullis, and his teacher Scott Urgan. A round of applause was given to Bobby Mullis. CONSIDERATION OF REQUEST FOR ESTABLISHMENT OF A PUBLIC COMMUNICATIONS TASK FORCE Mr. Curtis Wright, representing the Concerned Citizen's of the Middle Sound/Ogden Area, reported over the past two years there had been much controversy over growth in the county, urban planning, quality education, direction of the public health care systems, transportation, protection of natural resources and other important issues that bear directly on the quality of life in New Hanover County. With a newly elected Board, the citizens have new hope and desire for the Commissioners to succeed in confronting the critical issues, evaluating the facts, challenging the bureaucracy, and charting successful programs for the future. The citizens want to be more involved in the process to fully understand the issues and believe their ideas and concerns will be diligently sought out and considered in the Board's actions. There should be a full and open public debate on the issues that will shape the future of New Hanover County. Many citizens feel lost in the public system and have become disappointed by the misinformation presented by television stations in two-minute sound bites or articles written in the newspaper. Mr. Wright advised that in order to better inform and serve the citizens of New Hanover County, the following resolution is being submitted for consideration by the Board of County Commissioners: WHEREAS, the New Hanover County Board of Commissioners with a deep awareness of this critical period of growth in our County's evolution realizes the need to preserve a high quality of life for all its citizens; and in an effort to better inform, involve, and serve all the citizens of our County; NOW, THEREFORE BE IT RESOLVED by the New Hanover County Board of Commissioners to form a Special Communications Task Force comprised of elected board members, county staff, and citizens to evaluate the issues and make recommendations to the Board for the creation of a system and program for broadcasting via public access television, and if possible radio, all future public meetings of the New Hanover County Board of Commissioners. By public acceptance of this resolution, we, the New Hanover County Board of Commissioners, hereby acknowledge to the citizens of New Hanover County its true desire to implement such broadcasting capabilities at the earliest date possible in the most efficient and cost-effective manner as can be achieved. Mr. Wright reported several citizens were present and would like to speak in favor of the proposed resolution. Mr. Tom Radovich, representing the Castle Hayne Steering Committee, spoke in support of the resolution presented by Mr. Wright. He advised the benefits of broadcasting board meetings would greatly outweigh the cost of the program. Many people who cannot attend meetings because of work, physical conditions, or a lack of time would be able to see actions taken by the Board and become better informed on County issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 805 In closing Mr. Radovich presented an example of how broadcasting the Wilmington City Council meetings had assisted the Castle Hayne community in becoming knowledgeable about an issue of importance to the neighborhood. If a member of the Castle Hayne Steering Committee had not watched the broadcast, the community would not have had an opportunity to take counter measures. He urged the Board to adopt the resolution. Mr. John Tyhacz, a resident of Key Colony, reported after living in Wilmington for three years, he had learned more about the City than the County from watching the television broadcast of City Council meetings. He stated when attending meetings of the Board, one cannot grasp the character and tone of conversations from reading the newspaper. Frequently, a neighbor will comment on an item of discussion after reading the newspaper and does not fully understand the actual events that occurred at the Board meeting because that person was not present. In closing Mr. Tyhacz reported after a career in advertising and communications on Madison Avenue, it has been proven that television broadcasting was the most effective tool of communication without a person being present at an event or meeting. He urged the Board to support the resolution read by Mr. Wright to allow the County's citizens to better understand the issues and painful decisions that must be made by the Board of County Commissioners. City Councilman, Harper Peterson, advised when approached by Mr. Wright to discuss the benefits of the governmental access channel, he was not aware that so many people watched the televised broadcast of City Council meetings. Due to various circumstances, many people cannot attend meetings, and this form of communication has greatly assisted citizens in better understanding and participating in local government. The primary purpose of an elected official is to serve the public, and if broadcasting the meetings can assist people to become better informed and involved in local government, this communication tool is worthwhile. He requested the Board to consider televising Board meetings. Commissioner Birzenieks spoke in favor of the idea and inquired as to the cost involved with broadcasting meetings, and asked if the County had the capability of providing coverage to the entire county? County Manager O'Neal responded the cost for broadcasting meetings at this time was not known. Approximately four years ago, the County was requested to join the City in creating the governmental access program with Vision Cable, which is now Time Warner. The County chose not to pursue this route because many of the residents living in the unincorporated County did not receive cable service. He advised there could be some opportunities to work with the City; however, there would be certain equipment requirements for the Assembly Room. County Attorney Copley advised that discussion had been held with Action Audits, Inc., the County's cable consultant, about broadcasting meetings. An item that must be considered is that two cable companies provide service to the unincorporated County. This means that different equipment and service connections will have to be made in the Assembly Room. There is a possibility that the cable companies will assist the County with purchasing the capital equipment. Another factor to consider is that cable companies have authority to implement a small fee per month to cover the cost of broadcasting meetings. Commissioner Birzenieks asked what percentage of the County was not covered by both cable companies? County Manager O'Neal responded there were very few areas in the County that did not receive service. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 806 Discussion was held on the request for appointment of a Special Communications Task Force. County Manager O'Neal explained that a study and recommendation could be performed by County staff. He reported that staff would keep Mr. Wright and Mr. Tyhacz updated on the progress of the project. Mr. Wright stated the primary reason for appointing a Task Force was to take advantage of the bulletin board so positive actions taken by the Commissioners could be televised. County Manager O'Neal advised a full-time Public Information Officer would be hired in the near future; therefore, he felt staff would be able to manage the program. Commissioner Howell suggested allowing staff to move forward with preparing a recommendation, and stated if a Communications Task Force is needed at a future date, the Board can consider this matter at that time. Motion: After further discussion, Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to request Staff to review the equipment needs, cost, technicalities and inter-operability between the two cable companies and prepare a recommendation to be presented to the Board at a future meeting. Chairman Greer requested Staff to explore the idea of a pay- per-view system in lieu of a monthly fee. This procedure would allow cable subscribers to have a choice without spreading the cost to the taxpayers. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 7:50 P.M. until 8:15 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY STEVE CAHILL TO REZONE APPROXIMATELY 8.72 ACRES AT THE NORTHEAST CORNER OF CROWATAN ROAD AND CASTLE HAYNE ROAD TO B-1 BUSINESS AND O-I OFFICE AND INSTITUTION FROM R-20 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director Dexter Hayes reported the Planning Board voted five (5) to two (2) for approval of the petition as submitted. The members who voted in opposition felt that a B-1 District in this area could be considered spot zoning; however, they were in favor of staff's recommendation to rezone the entire site to I-1 which, in their opinion, was more appropriate for the area. Chairman Greer asked if anyone from the public would like to comment. Mr. Steven C. Cahill, the petitioner, reported that adjacent property owners had been contacted with no one being opposed to the rezoning because the land was no longer desirable for residential development. The frontage of the property will be used for a retail lawn and garden greenhouse with his residence being placed on the rear of the property. The Board was requested to approve the rezoning request as approved by the Planning Board. Chairman Greer closed the Public Hearing. Commissioner Davis requested an explanation as to why some members felt the entire site should be zoned I-l light industrial. Planning Director Hayes responded since the property would dominate the entrance to the industrial park, it was felt the entire area should be zoned I-l. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to approve rezoning the northeast corner of Crowatan Road NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 807 and Castle Hayne Road from R-20 to B-1 Business and O-I Office and Institution 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 THE 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 Castle Hayne Section, Page 21. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A REQUEST BY NELLO FILIPPINI FOR MATT HOLDINGS INC. TO REZONE 1.3 ACRES AT THE TERMINUS OF ROYAL STREET IN THE 2700 BLOCK OF U.S. HIGHWAY 421 TO I-2 HEAVY INDUSTRIAL FROM R-15 RESIDENTIAL 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 Board noted that the rezoning would be consistent with the intent of the Land Use Plan and the general zoning pattern of the area. There was no opposition present at the Planning Board meeting. Chairman Greer asked if anyone from the public would like to comment. Mr. Samuel Malpass, a property owner at the corner of Flemington Road and Sampson Street, presented pictures of standing water and a copy of the New Hanover County Noise Ordinance and expressed concern for additional stormwater runoff and increased noise if the rezoning is approved. The Board was requested to deny the proposed rezoning because of these concerns. Mr. Thomas Melton, Pastor of Pine View Baptist Church, presented a petition with signatures of 43 residents opposed to the rezoning because of noise that will be experienced during church services. He requested the Board to deny the rezoning request. Commissioner Birzenieks asked Mr. Melton if he appeared before the Planning Board and presented the petition? Mr. Melton responded he was not notified about the proposed rezoning. Chairman Greer informed Mr. Melton that the Planning Staff notifies all adjacent property owners through first-class mail, and public notice is published in the classified section of the Star- News Newspaper. He expressed concern for these procedures being followed with no opposition presented at the Planning Board meeting. Mr. John Tyhacz requested the Board to consider using certified mail with a return receipt to be sure all adjacent property owners were notified. Commissioner Davis inquired as to whether the Planning Board was aware of the church being located in the vicinity? Planning Director Hayes responded the Planning Board was aware that Pine View Baptist Church was located in the area. He advised the Zoning Ordinance requires a minimum setback of 45 feet plus the height of the building. For example, if the building is 10 feet high, this figure would be multiplied by 5.14 totalling 51 feet with a minimum of 35 feet for the rear with half of the setback being buffered by some form of vegetation, fencing or plantings. Mr. Dwight Morgan, a resident of 301 Flemington Road, spoke in opposition to the rezoning request because he had understood another trucking firm would be placed on the site. He advised there are seven trucking companies already located in the area and NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 808 placement of another trucking firm would only increase the noise. He requested the Board to deny the rezoning request. Motion: After discussion of concern for the noise and the proposed use for the property, Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to table the Public Hearing until March 10, 1997, to allow Mr. Filippini to meet with surrounding property owners to discuss matters of concern. Upon vote, the MOTION CARRIED UNANIMOUSLY. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE TO REQUIRE THE DELINEATION OF FEDERAL JURISDICTIONAL WETLANDS ON ALL PRELIMINARY SUBDIVISION PLANS Planning Director, Dexter Hayes, reported the Planning Board voted five (5) to two (2) to recommend approval of amendments to the zoning and subdivision ordinances to require delineation of federal jurisdictional wetlands on preliminary plans. This provision will require the boundaries of these areas to be surveyed with this information being used in the preparation of design and construction plans. The amendments would require all future preliminary subdivision plans to delineate federal jurisdictional wetlands. The amendments are intended to make developers and property owners more fully aware of wetlands and what permits might be needed before construction begins. Frequently, the full extent of the location of jurisdictional wetlands is not known, and on occasion has resulted in the fill, destruction or alteration of wetlands without proper authorization from the U. S. Army Corps of Engineers. In some cases, the unauthorized work has been intentionally carried out. When this happens, projects have been ordered to cease and desist until mitigation or remediation has been effectuated which is extremely costly to all parties involved. Chairman Greer asked if construction could occur on wetlands? Planning Director Hayes responded under certain situations. For example, road crossings can be constructed across wetlands to allow for development. Chairman Greer asked if the federal government was overseeing the development of wetlands, and if so, why should the County be duplicating this service? Planning Director Hayes responded the federal government was responsible for overseeing wetlands; however, the County should become involved to be sure that wetlands are protected in the design of subdivisions. In some situations, the developer does not take time to identify wetlands until the lots have been laid out and designed. If construction begins and the federal wetland regulations are violated, the remediation process can become quite costly for the developer. Commissioner Birzenieks asked if complaints had been received from the developers about the proposed amendments to the Zoning Ordinance? Planning Director Hayes responded many developers were concerned about the proposed revisions delaying development projects; however, the proposed amendments would standardize the procedure and incorporate wetlands as a part of the review process when approving preliminary plans for subdivisions. The amendments will not prohibit construction on wetlands but will require delineation of wetlands to protect these areas. Commissioner Birzenieks asked if these proposed revisions would be unique to New Hanover County? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 809 Planning Director Hayes responded many coastal counties have these types of regulations to protect the wetlands. Commissioner Davis asked what agency certified areas as wetlands? Planning Director Hayes responded that private consultants were used by the Corps of Engineers in delineating wetlands. Commissioner Howell commented on a Work Session scheduled for drainage and asked if it would be more appropriate to discuss this matter at that time. Chairman Greer expressed concern for New Hanover County becoming involved in the process which, in his opinion, should be the responsibility of the U. S. Army Corps of Engineers. Mr. Ernest W. Jannke, Field Office Manager of the Wilmington Regulatory Field Office District Corps of Engineers, reported under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, Department Army (DA) permits are needed for the discharge of dredged or fill material, excavation, and land clearing work in all waters and wetlands of the United States. Residential and commercial development proposals frequently involve land altering work that may require federal permit approval. Identifying and Delineating Wetlands: As part of the Corps jurisdictional and permit review process, it is recommended that wetlands be delineated and surveyed. This is beneficial to the project because: (1)The delineation can be used as a planning tool to: (a) avoid wetland areas that usually are unsuitable for development because of high water tables, water saturation, and drainage problems; (b) wetland delineations aid in identifying areas that may be more suitable for development purposes; and (c) avoid the need for DA permits which can involve time consuming reviews. (2)The Corps will certify that the surveyed delineation can be relied upon for at least five years without further need to review the line. This will guarantee the property owner that the jurisdictional area will not change for that period of time. (3)This planning tool will assist in preventing unintentional violations of federal law by identifying permits needed prior to construction. (4)Delineating and surveying wetlands should not lead to any delays in the planning process provided the proponent initiates contact with the Corps of Engineers at the same time that other permit needs are being identified. The Corps would like to work in partnership with New Hanover County and property owners on a pro-active wetland avoidance and permit basis for development rather than having a reactive program that addresses unauthorized activities that lead to more costly and time consuming after-the-fact permit reviews. To promote a working partnership, the Corps respectfully requests the Board of County Commissioners to require that a surveyed wetland delineation certified by the Corps be placed on all preliminary and performance plans submitted to the Planning Board for approval. Mr. Jannke listed the following benefits that will be received if the Zoning Ordinance is amended to require wetland delineation on all preliminary and performance plans submitted to the Planning Board for approval: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 810 A.Density levels on any particular piece of property are partially dependent on the presence or absence of Class IV soils. These soils are also federally regulated wetland soils. A surveyed wetland delineation will automatically include these soils and assist County planners in making density determinations. B.Since areas that have Class IV soils are unbuildable by County standards, the development proponent can plan around them accordingly. C.By delineating and surveying wetlands, upfront compliance with federal regulations is facilitated. By identifying permit areas, violations of federal law are avoided along with the time delays and costs involved with rectifying unauthorized activities and/or obtaining after-the-fact permits. This is a proactive rather than reactive approach. D.Minimizing or eliminating impacts to wetlands in the planning process protects the environmental benefits. For example, wetlands function as a stormwater retention, floodwater abatement, and serve as storage areas. Drainage and flooding are current high profile concerns of the citizens of New Hanover County. A portion of the reason for flooding problems is the county-wide cumulative loss of wetlands. Minimizing or avoiding development in wetlands is one piece of the puzzle in addressing drainage and flooding problems. Delineating and surveying the locations of wetlands will be important information to New Hanover County as more of these marginal lands are considered for development. E.There are many other wetland soils in New Hanover County besides Class IV soils. Identifying wetlands and alerting prospective buyers of areas that may not be suitable for development without draining, should be seen as a fiduciary responsibility of the Board of County Commissioners. F.Wetlands filter pollutants and sediments from runoff. Good water quality is important for health, recreation, tourism, and the general quality of life for New Hanover County residents. Proper planning through wetland protection will ensure that New Hanover County remains a desirable place to live. Mr. Jannke reported the Corps of Engineers respectfully requests approval for the Planning Staff to require preliminary and performance development plans to contain delineated and surveyed wetland lines. He offered to answer any questions. Chairman Greer expressed concern for the statement concerning the fiduciary responsibility of the Board of County Commissioners relative to identification of wetlands and asked why the County should be identifying wetlands when this was the responsibility of the Corps? Mr. Jannke responded this was recommended in partnership with New Hanover County to benefit people who purchase land in the County. Emphasis was placed on the need to work in advance to identify wetlands so problems will not be experienced once construction begins. The wetland line to be placed on the plats is verified and approved by the Corps of Engineers. Vice-Chairman Caster asked how wetlands were identified? Mr. Jannke responded that field trips were made to the property in question with three parameters used to identify wetlands: vegetation, soils, and hydrology. After a lengthy discussion on the County becoming involved with a federal government responsibility, and the fact that the local office of the Corps has only three employees to visit sites NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 811 and delineate wetlands, Commissioner Howell recommended deferring action on the proposed text amendments until the Work Session is held on drainage. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to postpone making a decision on this recommendation until further discussion can be held at the Work Session on drainage. Mr. Greg Crockett, a resident of the County, requested the Board to remember that drainage and wetlands should be reviewed as two separate issues. Vice-Chairman Caster advised he seconded the motion because this issue needs to be addressed; however, he was concerned about the Board not being informed in advance about such a complex matter. Ms. Tracy E. Skrabal, a resident of 6226 Greenville Sound Road, requested the Commissioners to read her letter in the agenda information, and she advised the same questions were discussed in Delaware five years ago. She reported that counties in Delaware approached the federal government to form a partnership with the Army Corps of Engineers because counties are the first point of contact with developers presenting plans. Problems were frequently experienced with no delineation of wetlands which severely damaged this natural resource. Once counties joined the Corps in identifying wetlands, the entire process became much more efficient with developers knowing in advance the permits that would be needed. The following statement was read: On February 11, 1997, the Corps of Engineers will reissue the existing nationwide permits with some modifications. The notification document outlining these permits is approximately 100 pages long. Anyone who has plans to develop a property must understand and abide by these new permits as well as the full permit procedure under the Section 404 program administered by the Corps of Engineers. In addition, the procedure for identifying jurisdictional wetlands is highly technical involving an analysis of hydrology, soils, and wetland plants. In North Carolina, much of the upland property that can be developed has been developed, and the areas are now more marginal areas which often have some environmental issues, usually the existence of wetlands. The point is that this delineation of wetlands is not a luxury item, but a necessity. To require developers to provide this information is for their benefit because of the amount of time saved and avoidance of legal and financial costs if violations occur with wetland regulations. From experience, attempting to define and recover a wetland after it has been cleared and filled is extremely difficult. It is not acceptable for the public to pay for the federal, state, and local staff time necessary to unravel wetland violations, which can take years to process. The procedural change being recommended by the Corps of Engineers will create a more efficient permit process when the wetland delineation is provided on initial plans for approval. Also, the partnership with the Corps has proven to be a positive impact on wetlands. The only people not served well by this change will be those who are seeking ways to circumvent the process. When a violation occurs, the losses are spread among the person caught in the violation, the local government, state government, and federal agencies involved in the permitting process. The general public pays the price. It is unacceptable to see losses of wetlands in New Hanover County and the State of North Carolina. These losses increase the need for wetland treatment facilities and lead to multi- million dollar flood control projects that are paid by the taxpayers. The loss of valuable wetlands is not acceptable. In closing, Ms. Skrabal advised her family moved to Wilmington because of the quality of life. She commented on living in Virginia NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 812 Beach and stated due to poor planning and a lack of regulations, the town was experiencing a severe shortage of quality drinking water. In an effort to resolve this problem, the town had been trying to procure water from as far away as Lake Gaston in North Carolina. She requested the Board to consider the amendments proposed by the Planning Board so the quality of life can be protected in New Hanover County. Mr. Curtis Wright, representing the Providence/Ogden area, commented on delineation of wetlands being a complex issue and advised that years of study would be required to thoroughly understand the matter. He commented on case law and stated in Los Angles County, the local government was able to implement strict regulations on earthquakes based upon being responsible for the protection of the public safety and welfare. He requested the Board to consider case law when adopting regulations pertaining to the quality of water and protection of wetlands. Chairman Greer informed Mr. Wright that the flip side to his request was the problem experienced by the County in trying to open a road connector through Providence Subdivision that was clearly shown on the original plan for the subdivision to provide a better traffic flow for future development. Yet, the citizens strongly objected to the opening of the road connector because it would allow traffic to flow through the subdivision. This is an example where a plan was in place for future development but when the time came, the residents involved did not want there area to be disturbed. Chairman Greer called for a VOTE ON THE MOTION TO DEFER ACTION ON THIS REQUEST UNTIL THE WORK SESSION TO BE HELD ON DRAINAGE. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer expressed appreciation to the persons who made comments and stated the Board was interested in working with the Army Corps of Engineers to render a decision that will be for the betterment of the County. ADOPTION OF A RESOLUTION OF INTENT TO CLOSE A PORTION OF CENTRAL AVENUE LOCATED SOUTH OF BEECH STREET IN THE SUMMER REST ROAD NEIGHBORHOOD (SC-69, 1/97) Planning Director, Dexter Hayes, requested the Board to adopt a Resolution of Intent to close a portion of Central Avenue located south of Beech Street in the Summer Rest Road neighborhood. The Public Hearing will be scheduled for March 10, 1997, at 7:30 P.M. for the Board to consider the request. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a Resolution of Intent to close a portion of Central Avenue located South of Beech Street in the Summer Rest Road neighborhood. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 34. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 9:43 P.M. until 9:46 P.M. ADDITIONAL ITEMS Work Session Scheduled for March 6, 1997, to Hear a Presentation on the New Hanover County Human Services Transportation System County Manager O'Neal requested the Board to schedule a Work Session to hear a presentation on the New Hanover County Human Services Transportation System. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 813 Consensus: After discussion, it was the consensus of the Board to hold a Work Session on March 6, 1997, following the Thursday morning staff meeting to hear a report on the Human Services Transportation System. Announcement of the N. C. Department of Transportation Public Hearing to Select an Alternate for the Highway 17 By-Pass County Manager O'Neal reported the Planning Director had maps concerning the two alternatives for the Highway 17 By-Pass with a Public Hearing to be held on February 11, 1997, at 7:30 P.M., Kenan Auditorium, University of North Carolina at Wilmington. Planning Director Hayes advised that detailed drawings of the two corridors had been received and requested the Board to review the documents. The southern alternative will go north of Wrightsboro Elementary School and the central alternative will go south of the General Electric property line. Staff has suggested selecting the alternative that will have the least impact on surrounding neighborhoods and requested an additional access near the Airport onto the by-pass. After the official Public Hearing has been held, the Department of Transportation will select a preferred route. Adoption of Resolution Condemning Discrimination Against Military Personnel by Businesses in New Hanover County Vice-Chairman Caster requested the Board to adopt a resolution strongly condemning discrimination against military personnel by any businesses in New Hanover County. He commented on the significant contributions made by military personnel to the political and economic life in the Lower Cape Fear Region. Chairman Greer expressed concern for having to adopt a resolution of this type and stated a document of this type should not be needed. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the resolution condemning discrimination against military personnel by businesses in New Hanover County. 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 34. Announcement of the Annual Council of Governments Meeting Vice-Chairman Caster reported the Annual Council of Governments Meeting was scheduled for February 20, 1997, at 6:30 P.M. in the Brunswick County Government Center, Bolivia, North Carolina. The guest speaker will be Frank Capra, Jr., the owner of Screen Gems, who will discuss the need for Wilmington to receive its share of revenue from the film industry. Update on Pages Creek Watershed Study Commissioner Davis requested an update on the Pages Creek Watershed Study. County Manager O'Neal reported the firm of McKim and Creed provided the scope of work on the project Friday, January 31, 1997. The document was reviewed by Assistant County Manager Weaver today; however, staff has not had time to review the details. Commissioner Davis asked if a projected date had been established for the study to begin? Assistant County Manager Weaver responded there was no projected date for the study to begin; however, he could not foresee any delay. A memorandum has been prepared for the Board with an attached copy of the scope of services. It appears the major components are in place, but more review will be required by the County Engineer. Once the Board feels comfortable with the scope of services, the Engineering Department will move forward. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 814 The two engineers who were with McKim and Creed are back on the project team, even though they will be working for a new engineering firm. Commissioner Howell asked if McKim and Creed had subcontracted the project to another company? Assistant County Manager Weaver responded two different companies were included in the proposal. Commissioner Birzenieks expressed concern for the delay in the project and asked why Staff did not move to the second proposal when the employees left McKim and Creed? County Manager O'Neal responded the reason for selecting McKim and Creed was because of the expertise of the two individuals in the field of drainage. When the Staff learned the two individuals were no longer with the firm and a scope of services had been received, it was felt a memorandum should be forwarded to the Board about the change as well as a detailed copy of the work to be performed. Assistant County Manager Weaver advised he was in the process of obtaining more information on the new firm that would be involved in the project. The contract will be with McKim and Creed with a great deal of the work being performed by employees of other firms. Vice-Chairman Caster reported while serving on the selection committee, the proposals from the first three firms were so close, there would be no problem with selecting either firm. Chairman Greer voiced concern for the Board directing Staff to move forward with the second firm if problems were experienced with the first firm. He commented on the eight-month delay in awarding this contract and recommended awarding the contract to the second firm. Motion: Commissioner Howell MOVED, SECONDED by Chairman Greer to award the contract to the second firm, Dawson Engineering. Commissioner Davis asked if additional time should be given to review the revised proposal submitted by McKim and Creed? Chairman Greer stated McKim and Creed and Dawson Engineering were the two top firms selected by the review committee; therefore, he felt the second firm should be selected to perform the study. Assistant County Manager Weaver reported McKim and Creed did submit the proposal within the time frame established by the selection committee. Chairman Greer called for a vote on the MOTION TO AWARD THE CONTRACT TO DAWSON ENGINEERING. Upon vote, the MOTION CARRIED UNANIMOUSLY. Authorization for Performance of a Public Opinion Survey Regarding a Proposed School Bond Issue Commissioner Birzenieks advised that discussion had occurred with the Board of Education about the need to hold a school bond referendum to provide the necessary funding to meet the needs of the schools. Also, discussion was held at the recent Retreat by the Board about the importance of performing a public opinion survey to determine the attitudes and perceptions of the citizens regarding school needs and a bond referendum. Chairman Greer advised the perception in the community was that two different surveys were being performed. He suggested contacting the Board of Education to see if the surveys were similar, and if so make an effort to perform one joint survey. He, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 815 also, advised that a proposal had been received from Independent Opinion Research and Communications, Inc., which would be a firm to consider for performance of the field work. Motion: After further discussion of the need to know if the community will support a school bond referendum, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to retain the firm of Wirthlin Worldwide Associates to perform a public opinion survey with the field work to be performed by local firms; direct the County Manager to contact Wirthlin Worldwide Associates to see if a lower price can be negotiated since the field work will not be included in the contract price; and direct the County Manager to contact the Board of Education to see if the survey being performed by the schools is similar, and if so, make an attempt to jointly perform the work. Commissioner Howell stressed the importance of providing fresh ideas or recommendations about improving the schools when asking citizens to adopt a large bond referendum. He suggested asking questions in the survey about the community's support for school uniforms, more vocational programs, and ways to address discipline problems. Commissioner Birzenieks agreed with the comments made by Commissioner Howell and stated the survey will provide the necessary research to know what the citizens in New Hanover County think and feel about public schools. He stressed the importance of having this information before preparing the bond referendum. He stated if a bond issue is too large and fails it will be a disaster, and if a bond issue is too small, the County will experience creditability problems when holding another bond referendum within two years. Commissioner Davis voiced concern for moving forward with hiring a firm located in Washington, D. C., that will incur travel expenses without knowing if other firms could perform the survey at a lower cost. Amended Motion: After discussion of being sure the best price was negotiated for the performance of the public opinion survey, Commissioner Birzenieks AMENDED THE MOTION, SECONDED by Commissioner Howell to request the County Manager to negotiate a price with Wirthlin Worldwide Associates and present a recommendation for the Board to consider on February 17, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of Resolution Authorizing the Parks Director to Dispose of Storm Damaged Trees Through a Private Sale to Long Leaf Wood Products, Inc. County Attorney, Wanda M. Copley, requested the Board to adopt a resolution to authorize the Parks Director, Neal Lewis, to dispose of storm damaged trees within County property by a private sale to Long Leaf Wood Products, Inc. The unit price would be $5.00 per cord for pine pulp;, $120.00 per 1,000 board feet for pine logs, $1.00 per cord for hardwood, and $10.00 for pine chip-n- saw. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution authorizing the Parks Director to dispose of storm damaged trees through a private sale as outlined by the County Attorney. 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 34. Report on the Personal Watercraft Task Force County Attorney Copley reported the Chairperson of the Watercraft Task Force had requested each individual Commissioner to meet with her to discuss the proposal that would be recommended to the full Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, FEBRUARY 3, 1997PAGE 816 Consensus: After discussion, it was the consensus of the Board to have the Personal Watercraft Task Force present the recommendation as an agenda item on March 24, 1997, with no decision being rendered at that meeting. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION County Attorney Copley requested the Board to hold a Closed Session pursuant to NCGS143-318.11(4)(5) to provide direction to Attorneys Bill Hill and Bill Snow regarding judicial action. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to hold a Closed Session pursuant to NCGS143-318.11(3) as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session to Closed Session at 10:35 P.M. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 11:45 P.M. and reported no decisions were made during the Closed Session. ADJOURNMENT Chairman Greer adjourned the meeting at 11:02 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board